HomeMy WebLinkAbout5412RESOLUTION NO. 5412
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A FOURTH AMENDMENT TO THE LEASE
AGREEMENT BETWEEN THE CITY OF AUBURN AND
CENTRAL PUGET SOUND REGIONAL TRANSIT
AUTHORITY
WHEREAS, the City of Auburn and Central Puget Sound Regional Transit
Authority (Sound Transit) entered into a lease on June26, 2002, for property known as
the Auburn Multimodal Transit Facility located at 25 A Street SW, in Auburn, and
WHEREAS, the lease provided the City with use of the room that is located
adjacent to the east interior wall of the ground floor elevator lobby of the Facility, and
WHEREAS, the lease permits the City's subtenants to use the Plaza Tenant Area
for a ten-year renewable term, and
WHREAS, the lease permits the City to hang signs and banners on the north side
of the Facility, and
WHEREAS, the City and Sound Transit desire that the lease be amended to switch
Auburn's storage space from the elevator lobby room to one on the southeast corner of
the Facility, to extend the use of the Plaza Tenant Area to the full term of the lease, and
to permit the City to hang banners and signs on the south wall of the Facility as well.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute a fourth amendment to the lease
between the City of Auburn and Central Puget Sound Regional Transit Authority dated
Resolution No. XXXX
DATE
Page 1 of 2
Rev. 2018
June 26, 2002, as previously amended, and the amendment shall be in substantial
conformity with the amendment attached as Exhibit A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this 20 day of M AX , 2019.
CITY OF AUBURN
ATTEST: APPROVE AS TO FORM:
1r��lGhK�1 C
Shawn Campbell, C, City Clerk Steven L. Gross, City rney
Resolution No. XXXX
DATE
Page 2 of 2
Rev. 2018
FOURTH AMENDMENT TO LEASE
THIS FOURTH AMENDMENT TO LEASE (the "Amendment') is made as of this 20th
day of February 2019, between CENTRAL PUGET SOUND REGIONAL TRANSIT
AUTHORITY, a regional transit authority organized under the laws of the State of Washington
("Sound Transit") as Landlord, and the CITY OF AUBURN, a Washington municipal corporation
("City") as Tenant.
Sound Transit and City entered into that certain Lease dated June 26, 2002 for the Leased
Premises as defined in Section 1.5 of the Lease at the property known as the Auburn Multimodal
Transit Facility located at 25 "A" Street SW in Auburn, Washington. The Lease was amended by
the First Amendment to Lease dated January 1, 2008, the Second Amendment to Lease dated
December 30, 2010 and further amended by the Third Amendment to Lease dated July 12, 2011.
The Lease, the First Amendment to Lease, the Second Amendment to Lease and the Third
Amendment to Lease are hereinafter referred to as the "Lease".
For the purpose of this Amendment, all terms defined in the Lease have the same meaning
in this Amendment.
RECITALS
A. Section 2.5 (e) of the Lease gives City, as part of the Commercial Tenant Area, the
right to access and use a room adjacent to the east interior wall of the ground floor elevator lobby
of the Parking Garage. City has agreed to give Sound Transit sole access and use of this room. In
exchange, City will be given sole access and use of a storage room on the southeast comer of the
Parking Garage.
B. Section 2.5 (g) of the Lease gives City the right to grant its subtenants and
licensees of retail space along the north side of the Parking Garage exclusive use of the Plaza
Tenant Area adjacent to their subleased or licensed premises. This provision carried a renewable
limited term of ten (10) years. Sound Transit and City wish to delete the provision of the ten (10)
year term and have the term run concurrent with the Lease Term.
C. Section 4.4 (b) of the Lease allows City to place or permit temporary signs and
banners to be placed on or over the Plaza only in connection with special events. Sound Transit has
agreed to allow the City to place banners on the south wall of the Parking Garage in addition to and
under the current provisions.
D. Sound Transit and City desire to amend the Lease to reflect the changes regarding
the specific Sections referenced herein.
NOW THEREFORE, in consideration of the mutual promises and covenants set forth
herein, Sound Transit and City hereby agree as follows:
Recitals. The Recitals set forth above are incorporated by this reference.
2. Section 2.5 (e) Elevator Lobby is hereby deleted in its entirety and replaced with
the following:
Auburn 4th Amendment_Final.doc I Please Initial
(e) Elevator Lobby. The City , its licensees and invitees will have sole access
and use of the storage room located on the southeast corner of the ground floor of the
Parking Garage, identified as "Room I" on the attached Exhibit 2.5(e). City has the right to
sublease this room to subtenants of the Commercial Tenant Area.
3. Subsection 2.5 (g) Plaza Tenant Area is hereby deleted in its entirety and replaced
with the following:
(g) Plaza Tenant Area. City shall have the right to grant its subtenants and
licensees of retail space along the north side of the Parking Garage the right to exclusive
use of that part of the Plaza Tenant Area adjacent to their subleased or licensed premises bu
only for use in connection with the business conducted by such subtenant or licensee in
such subleased or licensed premises. Such uses may include, but shall not be (sic) limited
to, outdoor seating areas for restaurants and coffee shops and displays of merchandise.
Notwithstanding the provisions of the first sentence of this Section, no use by City's
subtenants or licensees shall unreasonably interfere with, and City's subtenants and
licensees shall permit, concurrent use of the Plaza Tenant Area by the public for pedestrian
access in, about, and through the Plaza.
4. Subsection 4.4 (b) Special Event Temporary Signs is hereby deleted in its entirety
and replaced with the following:
(b) Special Event Temporary Signs. City may place or permit signs and
banners on or over the Plaza, or on the south exterior wall of the Parking Garage, in
connection with a special event permitted under Section 2.5(d) that are (i) usual and
ordinary to the pertinent special event or participants in the special event, (ii) temporary,
and (iii) not attached to any part of the Station with any permanent fastening. All such
signs placed by City or its subtenants or licensees shall be removed at the end of the special
event and City shall restore or cause to be restored all damage to the Station caused by the
placement of any such signs.
Except as amended herein, all other articles, terms, and conditions of said Lease are
unchanged and remain in effect.
Aubum 4th Amendment_Final.doe 2 Please Initial �7
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
the day and year first above written.
SOUND TRANSIT:
By: Nancy
Its: Proper
PUGETSOUND
. TRANSIT AUTHORITY
Manager
p,Attest:
gn�t ature'
-iJ-gt5n eqyeA, LSC
Name/Title
Approved as to Form:
APPROVAL
Signature ON FILE
Name
Sound Transit Legal Counsel
Auhum 4th Amendment FinaLdoc
CITY:
CITY OF AUBURN
ti kk'� t./l�LN1l/Idt'�Ci
Name/Title
Approved as to Form:
Sign ure
:Z)OL"C'LAS T 1ZtlTN
Name
Auburn City Attorney
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Nancy Bennett is the person who
appeared before me, and said person acknowledged that she signed this instrument, on oath stated
that she was authorized to execute the instrument and acknowledged it as the Property
Management Manager of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY to
be the free and voluntary act and deed of such party for the uses and purposes mentioned in the
instrument.
Dated:
y 1,, OF. W Ar -v 7�1111�
STATE OF WASHINGTON )
)ss
COUNTY OF KING )
'Z� C ,moo
Print Name
Notary Public in and for the State of
Residing at C
My commission expires
I certify that I know or have satisfactory evidence that Nmrt(m �
is the person who appeared before me, and said person acknowledged that he signed this
instrument, on � oath stated that he was authorized to xecute the inst ttment and acknowledged it as
the I� ah11V of �Q (�, " 0� pMmw)
to be theJfree and voluntary act and deed of'such the uses and purposes
mentioned in the instrument.
Dated: ob' U -201q
*pH SCy�!!!/
Naww��yN .-
OTA, i
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OF WAS ,V \
Aubum 4th Amendment_Final.dw
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Print Name
Notary Publi i f the State o+f w A
Residing at
My commission expires 491-i -Z 2
EXHIBIT 2.5(e)
COMMERCIAL
TENANT AREA
Commercial Tenani Parking
ROOM I
®1 G tOUND FL=
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Auburn 4th Amendment_Final.doc
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COMMERCIAL TENANT AREA
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VAULT ROOM
Please Initial
I
T SOUNDTRANSIT
February 21, 2019
City of Auburn
Attn: Douglas Lein
Office of Economic Development
25 West Main Street
Auburn, WA 98001-4998
RE: Fourth Amendment to Lease:
25'A' Street SW, Auburn, WA.
Dear Doug:
Enclosed you will find, two (2) originals of the Fourth Amendment to Lease
regarding the Auburn Multimodal Transit Facility. Both originals have been signed
and notarized by Sound Transit and require your signatures for final execution.
Please initial, sign, date and notarize each original where indicated then send back
to Sound Transit one (1) fully executed Amendment for our records and retain the
other original for your records.
Please mail Sound Transit's executed original to:
Sound Transit
Property Management
401 S. Jackson St., MS 605-1 S
Seattle, WA 98104
Thank you for your assistance, and please feel free to contact us with any further
questions.
Property Management
Sound Transit
W 206.398.5082
doualas_arieaer cDsoundtransit.org
Enclosures
Central Puget Sound Regional Transit Authority • Union Station
401 S. Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499
www. soundtrans it. o rg
CHAIR
John Marchlone
Redrnnrul Mavo,
VICE CHAIRS
Ron Lucas
Steiluroum Mnvnr
Paul Roberts
Eve, eir Council Previdend
Mayer Pru Tem
BOARD MEMBERS
Nancy Backus
Auburn Mayor
David Baker
Kenmore Mayan
Claudia Balducct
King C'nnn(e Co u, ihnember
Dow Constantine
King Comm(ve, uwe
Bruce Demmeier
Pierre C'uunry Ere, wive
Jenny Durkan
Seattle Mcm,
Dave Earling
Ednwnda Mover
Rob Johnson
Seattle Cmau ilnarnher
Kent Keel
Univervin• Ph", Mavnr
Joe McDermott
King County Council Cluir
Roger Millar
Washingmn State Seerenry
of rranaponatinn
Dave Somers
Snohumirh Counn, Erermive
Dave Upthegrove
King Cerro Cnwvilmember
Peter von Reichbsuer
King Country' Cnunribne..ber
Victoria Woodards
Tett rrmn Mnvur
CHIEF EXECUTIVE OFFICER
Peter M. Rogoff
CITY OF �
AUBURL �lT
Nancy Backus, Mayor
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
April 9, 2019
Sound Transit
Property Management
401 S Jackson St., MS 605-1 S
Seattle. WA 98104
RE: Fourth Amendment to Lease
25'A' Street SW, Auburn WA
Dear Sound Transit:
As requested, here is your copy of the signed and notarized Fourth Amendment to
Lease.
If you have any questions or comments regarding this Amendment to Lease, please feel
free to contact the City's Economic Development Manager Doug Lein at 253-804-3101.
Sincerely,
Teresa Mattingly
Deputy City Clerk
/sc
Enclosure
AU$U P, N1 * MORE THAN YOU IMAGINED