HomeMy WebLinkAboutCOW 2005-11-28 Item 4C - Lease Agreement - Neighborhood Resource Center (NRC) at 14661 Tukwila International Boulevard COUNCIL AGENDA SYNOPSIS
ff Q Inifials ITEM NO.
O I Meeting Date I Prepared by 1 Mayor's review; Council review
November28, I RAB
2005
lso 7 C
I I
ITEM INFORMATION
CAS Number: 05-109 Original Agenda Date. November 28, 2005
Agenda Item Title Lease Agreement Neighborhood Resource Center
Original Sponsor Council Admin x
Timeline
Sponsor's Summary Lease agreement expired in June 2005. Council approved and authorized the Mayor
to sign an agreement which was amended by the lessor Latest draft agreement
incorporates new termination provisions and has been agreed to by the property
owner
Recommendations.
Sponsor: Review and forward to Regular Meeting for approval
Committee: Review and forward to COW
Administration.
Cost Impact (if $1,400 per month
known):
Fund Source (if known)
RECORD OF COUNCIL ACTION
Meeting Date Action
I I
APPENDICES
Meeting Date I Attachments
11/28/05 Memo from Mayor's Office to Finance Safety Committee dated 11/16/05
Draft Lease Agreement
Minutes from Finance Safety Committee meeting of 11/21/05
f I City Administrator Letter to Timothy O'Brien dated 7/21/05
City Administrator Letter to Timothy O'Brien dated 9/29/05
Memo to Finance Safety Committee Dated October 12, 2005 (with attachments
Minutes from City Council Meeting of August 1, 2005
Letter from City Attorney to Timothy O'Brien dated November 8, 2005
{
MEMORANDUM
TO: Finance & Safety \Committee
FROM: Mayor's Office ~Vv~
DATE: November 16, 2005
SUBJECT: NRC Lease Agreement
Attached for your review is the third iteration of the NRC Lease Agreement. Upon
Council's decline of his previous invitation to change the terms, the property owner has
sugg~sted yet another change to the termination provisions. Under this proposal, either
the property owner or the City may tenninate the lease upon 60 days' notice.
DRAFT
LEASE AGREEMENT
This Lease IS made and entered into by and between the CIty of Tukwlla ("CIty"), lessee,
and TImothy O'Brien (O'Bnen), lessor
1. Premises O'Brien hereby leases to th~ CIty the upper main floor, outside yard, and
parking spaces along the west dnveway at 14661 TukwIla International Boulevard, CIty of
Tubvila, King County, State of Washington.
2. Tenn. The tenn of this Lease shall be for eIghteen (18) months starting on the first
day of the month after both partIes have signed this Lease. At the option of the CIty, thIS Lease
may be extended for an addItIOnal eighteen (18) months
3. Rent. The City shall pay O'Brien One Thousand Four Hundred Dollars and No/lOO
($1,400 00) a month for the lease of the premises.
4. UtilIties. O'Bnen shall timely pay for all costs, expenses, fees, services, charges and
repairs of all kinds for heat, light, air condItioning, electricity, water, sewer and garbage. The
CIty shall pay for telephone and any other utility.
5. Repairs and Maintenance. The City accepts the premises herein leased in Its present
condition, and agrees to repair and maintain said premlses in its present condition except for
ordinary wear and tear, repairs covered under Section 4 UtilIties, and damage by fire or the
elements.
6. Access. O'Brien shall have the nght to enter the premises at all reasonable times for
the purposes of inspection or for making repairs, additions or alteratIOns after providmg the Clty
advanced written notice of at least twenty four (24) hours.
7. Damage and Destmction. In the event the premIses are rendered untenantable in
whole or in part by fire, the elements, or other casualty, the CIty at its optIOn, may vacate the
premises and tenninate this Lease.
8. Indemnification. Each party agrees to protect, defend, appear, save hannless and
indemnify the other party from and aga111st all claims, suits and actions arising from the
intentional or negligent acts or omission of such party, its agents or employees 111 the
performance of this Lease.
9. Insurance. The City agrees to mamtain pubilc liability insurance on the premises 111
the mmimum limit of $25,000 for property damage and the m1l1imum of $100,000/$300,000 for
bodlly injuries and death. The City shall furnlsh O'Brien a certificate indicat1l1g that the
insurance policy is in full force and effect and that the polley may not be cancelled unless ten
(10) days prior wntten notice of the proposed cancellatIOn has been given to O'Brien.
LEASE AGREEMENT - 1
10 Notices, Notices to the City ofTukwlla shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, W A 98188
Notices to O'Brien shall be sent to t~e followmg address:
\
II. Binding on Heirs, Successors and Assigns, This Lease shall be bindmg upon the
heirs, executors, admimstrators, successors and assigns of both parties hereto.
12. Termination. Either party may terminate this lease by giving the other party sixty
(60) days written notice.
13. Entire Lease. This Lease contains all of the terms and conditions agreed upon by the
parties and revokes all prior lease agreements. The parties agree that there are no other
understandings, oral or otherwise regarding the subject matter of the Lease. No changes or
modifications of this Lease shall be valid or bmding upon either party to this Lease unless such
changes or modifications are in writing and executed by both parties.
14. Venue. This Lease has been and shall be construed as having been made and
delivered within the State of Washington, and it is mutually understood and agreed by the parties
hereto that this Lease shall be governed by the laws of the State of Washington, both as to
interpretation and performance. Any action for the enforcement of this Lease, or any provislOn
contained herein, shall by instituted and maintamed only in Kmg County, Washington.
DATED this
day of
,20
CITY OF TUKWILA
TIMOTHY O'BRIEN
By:
Steven M. Mullet, Mayor
Printed Name:
Title:
Attest! Authenticated:
Approved as to Form:
Jane E. Cantu, CMC, City Clerk
Office of the City Attorney
LEASE AGREEMENT - 2
Finance and Safety Committee
November 21,2005
DRAFT
Present.
Dennis Robertson, Chair; Pam Carter, Dave Fenton
Nick OlIvas, Kevm Fuhrer, Derek Speck, Rhonda Berry, Kathenne Kertzman,
Lucy Lauterbach, cItIzen Chuck Parnsh
* 1. Neighborhood Resource Center Agreement The Con1l11lttee members thought the newest
version of the agreement was fine. However, they asked for mfonnatlOn about what the CIty'S
ongmal contract saId about tenllination, and \\0 hat Mr O'Bnen responded wIth. They thought It
could go mto the memo for the Agreement. Recommend Agreement to CO\V.
\
2. Emplovment Contract with the Citv Administrator The three members all expressed
support for the contract as presented. It covers the condItIons of employment for the CIty
Admmlstrator. Recommend contract to CO\V.
3. Interlocal Agreement with Des :Moines Regarding Tourism Kathenne explained the CIty
of Des Moines is interested m becommg part of Seattle SouthsIde VIsitors ServIces (Tourism)
Des Moines has three hotels that wIll be included, and theIr waterfront will also be featured m
Tounsm promotions. Now Des Moines as well as Kent and SeaTac wIll all help share overhead
costs for the office As thIS Item is on thIS evening's Regular Meetmg for passage, It will, If
passed, go to the Des Momes Council for aproval there before It takes effect. Recommend issue
to that evening's Council meeting.
..t. 2006 Proposed Property Tax Levv 2006 property tax leVIes need to be submItted to Kmg
County the first week of December. However, the final CIty property valuations wIll not be
known by that time, so an estImate will be made Teclmical adjustments are then made in
January. Kevm Said we'll have to estImate the State utIlIty rate Property tax increases are lImIted
to a 1 % growth due to ImtIatlve 747. Pam noted workmg figures and the estimate in the
ordmance needed to be the same. Recommend ordinance to CO\V and Special Meeting
11/28/05.
5. 2006 Budget Review The CommIttee fimshed theIr review of the FIre Department and
various miscellaneous finance funds in the budget. Nick smd the department will try to bId both
the aerial ladder truck and the pumpers they are buymg together to see If they can get a better
deal. Information: budget review completed.
Prepared by L. Lauterbach
CommIttee chalr approval
City of Tukwila
6200 Southcenter Boulevard · Tukwila, Washington 98188
Steven M. Mullet~ Mayor
July 21, 2005
Mr. Timothy O'Brien i
14639 Tukwila International Boulevard
Tukwila, W A 98168
Dear Tim:
Enclosed for you reVIew is a draft lease agreement that will be presented to the City
Council on Monday, July 25. Staff is recommendmg that the lease be forwarded to the
Regular Meeting on August I for approval. Should you have changes you'd like to have
made, please let me know.
Smcerely,
._*~~ f)
Rhonda A. Berry
City Administrator
RAB/so
enclosures
Phone: 206-433-1800 · City Hall Fax: 206-433-1833 . www.ci.tukwila.wa.us
LEASE AGREEMENT
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Tills Lease is made and entered into by and between the City of Tukwila ("City"), lessee,
and Timothy O'Bnen (O'Brien), lessor.
1. Premises. O'Brien hereby leases to the City the upper mam floor, outside yard, and
parking spaces along the west driveway at 14661 Tukwlla International Boulevard, City of
Tukwila, King County, State of Washington.
2. Term. The term of this Lease shall be for eighteen (18) months starting on the first
day of the month after both parties have sIgned this Lease. At the option of the CIty, this Lease
maybe extended for an additional eighteen (18) months.
3. Rent. The City shall pay O'Brien One Thousand Four Hundred Dollars and No/100
($1,400.00) a month for the lease of the premises.
4. Utilities. O'Brien shall timely pay for all costs, expenses, fees, services, and charges
of all kinds for heat, light, air conditioning, electricity, water, sewer and garbage. The City shall
pay for telephone and any other utility.
5. Repairs and Maintenance. The City accepts the premIses herein leased ill ItS present
condition, and agrees to repair and maintain said premises in its present condition, ordmary wear
and tear and damage by fire or the elements excepted.
6. Access. O'Brien shall have the right to enter the premises at all reasonable times for
the purposes of inspection or for makmg repairs, additions or alterations after providing the CIty
advanced written notice of at least twenty four (24) hours.
7. Damage and Destruction. In the event the premises are rendered untenantable in
whole or in part by fire, the elements, or other casualty, the City at its option, may vacate the
premises and termmate this Lease.
8. Indemnification. Each party agrees to protect, defend, appear, save harmless and
mdemnify the other party from and against all claims, suits and actions arising from the
intentional or negligent acts or omission of such party, its agents or employees m the
performance of thIS Lease.
9. Insurance. The City agrees to maintain public liability insurance on the preITIlses m
the minimum limit of $25,000 for property damage and the minimum of $100,000/$300,000 for
bodIly injuries and death. The City shall furnish O'Brien a certificate indIcating that the
insurance policy is in full force and effect and that the policy may not be cancelled unless ten
(10) days prior written notice of the proposed cancellation has been given to O'Bnen.
LEASE AGREEMENT - I
10. Notices. Notices to the City of TukwIla shall be sent to the following address:
Ci ty Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to O'Bnen shall be sent to tre following address:
11. Binding on Heirs, Suc6essors and Assigns. This Lease shall be bindmg upon the
heirs, executors, administrators, successors and assigns of both parties hereto.
12. Tennination. The City may tenninate this lease by giving O'Brien sixty (60) days
written notice of the City's intent to tenninate.
13. Entire Lease This Lease contains all ofthe tenns and condItIOns agreed upon by the
parties. The parties agree that there are no other understandmgs, oral or otherwise regarding the
subject matter of the Lease. No changes or modifications of thIS Lease shall be valid or binding
upon either party to this Lease unless such changes or modifications are in wnting and executed
by both parties.
14. Venue. This Lease has been and shall be construed as having been made and
delivered within the State of Washington, and it is mutually understood and agreed by the parties
hereto that this Lease shall be governed by the laws of the State of Washington, both as to
interpretation and perfonnance. Any action for the enforcement of this Lease, or any provision
contained herein, shall by instituted and maintained only in King County, Washington.
DATED this
day of
,20_
CITY OF TUKWILA
O'BRIEN
By:
Steven M. Mullet, Mayor
Printed Name:
Title:
Attest! Authenticated:
Approved as to Fonn:
Jane E. Cantu, CMC, City Clerk
Office of the CIty Attorney
LEASE AGREEMENT - 2
City of Tukwila
6200 Southcenter Boulevard · Tukwila, Washington 98188
Steven M. Mullet, Mayor
September 29, 2005
Mr. TImothy O'BrIen
C/o Appliance Distributors
14639 Tuk\vila International Boulevard
Tukwila, \V A 98168
Dear Mr. O'Bnen:
On September 20,2005, you faxed to us a signed copy of the lease for the property
located at 14661 Tukwila International Boulevard, commonly referred to as the
Neighborhood Resource Center (NRC). The copy you returned contained two
modifications that have not been approved by the City CouncIl.
The Council approval process reqUires that a contract be dIscussed at a subcommittee
meeting, then Committee of the Whole, and finally formal approval occurs at a Regular
Meeting. Timmg of these meetings mean that your amendments will be revIewed first at
the Finance & Safety Committee meeting on October 17; If the committee agrees to do so
the lease agreement will be considered at a COW meetmg on October 24, and Regular
meeting on November 7. Alternatively, we can re-send the original lease with terms
approved by Council on August IS, to you for signature.
If I do not hear from you by October II, I will refer your amendments to the Finance &
Safety Committee on October 17. I can be reached at 206-433-1851 if you need
addItional information.
Sincerely,
- ,
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Rbonda Berry
City Administrator
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Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www.ci.tukwila.wa.us
MEMORANDUM
TO:
Finance and Safety Committee
DATE:
r-'" : ._i---~-~~
RhondaB~.{\(-+' .
~"i,
October 12', 2005
FROM.
SUBJECT:
Lease Agreement
Neighborhood Resource Center
On August 1, the Council approved a new lease agreement for property located at 14661
TukwIla International Boulevard, commonly referred to as the Neighborhood Resource
Center (NRC). A new agreement was necessitated by the expiratIOn of the prior lease,
which had been amended and extended several times.
CIty Staff spoke with the property owner and sent him a draft copy of the lease agreement
for review prior to COll1ffilttee consideration m July. Other than a $200 per month
increase in the lease rate, no other changes were suggested by Mr. O'Bnen. Once the
agreement was fonnally approved by Council and signed by the Mayor, Mr. O'Brien was
contacted to obtain rus signature. On September 20, we received a facsimile copy of the
agreement, with amendments, from the property owner. Since the tenns requested by
Mr. O'Bnen differ from those approved by CouncIl, we present them for COll1ffilttee
reVIew and recommendation to the full Council.
Mr. O'Brien's amendments are in Section 2. Tenn, and Section 12. Tennination. He
requests that notice of lease termination or extension be given by the City 60 days prior to
the end of the lease penod. In other words, the CIty must notify him in the 16th month of
our mtent to extend or terminate the lease, and once the lease is extended we would not
be able to tenninate until the 16th month of the lsth month extension.
Staff will be at the COll1ffilttee meeting should additional mfonnation is needed.
5ep 20 05 11:43a
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LEASE AGREEMENT
ThiS Lease is made and entered into by and between the City ofTukwda ("City"), lesse~
and Timothy O'Brie.n (O'Brien), lessor
1. Premises. O'Brien hereby leases to th.e CIty the upper main floor, outside yard, and
parking spaces along the west ddveway at 14661 Tukwila Intemational Boulevard, City of
Tukwila. King County, StateofWaslpngton.
2. Tenn The term of this Lease shall be for eighteen (18) monlhs starting on the first
day of the rnonth after both partlcs have sIgned this Lease. At the option of the City, thIs Lease
maybe extended for an additiona1 eighteen (18) months \I1ITH A fJ.,.r>)'b.A'1 NbTI U. ~
I
3. Rent. The City shall pay O'Brien One Thousand Four Hundred DanaI's and NollOO
($1,400.00) a month for the lease of the premises.
4. Utilities. O'Brien shall timely pay for an costs, expenses, fees, services, and charges
of aU kinds [or heat, light, air conditioning, electricity, water, sewer and garbage. The City shall
pay for telephone and any other utility.
5. Repairs and Maintenance. The City accepts the premises herein leased in its present
condition, and agrees to repair and maintain said premises in Its present conditIOn, ordinary wear
and tcar and damage by fire or the elements excepted.
6. Access. O'Brien shall have.tbe righllo enter the premises at all reasonable time~;.1:or
the purposes of mspection or for making repairs, additions or alterations after providmg the CIty
advanced written notice of at least twenty four (24) hours.
7. Damage and Destruction. In the event the prcmiseg are rendered unlt:nantable in
whole or in part by fire, the elements, or other casualty, the City at its option, may vacate the
premises and terminate tills Lease.
8. Indemnification. Each party agrees to protect, defend, appear, save hannless- and
indemnify the other party from and against alJ claims, suits and actions arising from the
intentional or negligent acts or omIssion of such party, its agents or employees in the
perfonnance. of this Lease.
9. Insurance. The City agrees to maintain public hability insurance on the premises- iQ
the minimum limit of $25.000 for property damage and the minimum of $100,000/$300,000 for
bodily iqjuries and death. The City shall fumish O'Brien a certificate indicating that the
insurance policy is in full force and effect and that the policy may not be cancelled unless ten
(10) days prior written notice of the proposed cancellation has been given to O'Brien.
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LEASE AGREEMENT-1
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10 Notlces. Notices to the City ofTukwIla shaH be sent to the following address,
City Clerk
City ofTukwila
6200 Southcenter Boulevard
Tukwila, W A 98188
Notices to O'Bnen shall be sent to the foHowmg address.
11. Binding on Heirs, Successors and Assigns. This Lease shall be binding upon the
heirs, executors, administrators, .successors and assigns of both parties hereto. ~ ~
Ij,. "~1t-l^11l>/'{- ArTl-t~ eNb Dr<fHIZ !1F<S,T'1l2t<H bf ~1&+I'feb! U~.J HDNm:$. ~
~~~-rl.~;""",,",~~ The City may terminate this lease by giving O'Brien sixty (60) days.
" written notice of the City's intent to telminate.
13. Entire Lease. This Lease contains an of the tcnns and conditIOns agreed upon by the.
parties. The parties agree that there are no other understandings, oral or otherwise regarding the
subject matter .of the Lease. No changes.or modifications .of this Lease shall be valid or binding
upon either party to this Lease unless such changes or modifications are. 111 writing and executed
by both parties.
14. Venue. This Lease has been and shal1 be construed as having been made and
delivered within the State of Washington, and it IS mutually understood and agreed by the parties
hereto that this Lease shall be governed by the laws of the State of Washington, both as to
interpretation and performance. Any action for the enforcemenl of this Lease, or any provision
contained herein, shal1 by instituted and maintained onJy in King County, Washington.
DATED thi, I:;; -I::h day of !Jl1g. , 20 ()5.
CITY OF TUKWILA
QWM. VV) I"",> vJlflo.--\-
Steven M. Mullet, Mayor
O'BRIEN
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By:
Printed N<1me:
Tille:
Attest! Authenticated:
Approved as to Fomr
~ -I-L. &~
~ Jane; E. Cantu, CMC, City Clerk
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1)~:.t4~~~~:.. .;.~;)..~c.;(~~~=~.
Office of the City Attomey
LEASE AGREEMENT - 2
Minutes, 8/1/05
,
Page 4 of 8
exterior walls of the TukwIla Pool building. The high perfonnance coatmg paint to be used is "better
than standard paint" and will last many years longer in helping maintain the integnty of the building.
FENTON MOVED; DUFFIE SECONDED; TO AWARD A CONTRACT TO LONG PAINTING
COMPANY IN THE AMOUNT OF $55,056.77, INCLUDING WASHINGTON STATE SALES
TAX, FOR THE mGH PERFORMANCE COATING (pAINTING) PROJECT OF THE
TUKWILA POOL BUILDING. (AWARD ALSO INCLUDES A 10% CONTINGENCY). The
motion carried 7-0.
UNFINISHED BUSINESS:
a. Motion approving the organizational restructure of the Tukwila Police Department, resulting in the
reclassification of the Police Lieutenant and Cagtain positions to Police Commander and Assistant
Police Chief
ROBERTSON MOVED; FENTON SECONDED; TO APPROVE THE ORGANIZATIONAL
RESTRUCTURE OF THE TUKWILA POLICE DEPARTMENT, RESULTING IN THE
RECLASSIFICATION OF THE POLICE LIEUTENANT AND CAPTAIN POSITIONS TO
POLICE COMMANDER AND ASSISTANT POLICE CIDEF. The motion carried 7-0.
b. Motion authorizing the Mayor to enter into a lease agreement with Timothy O'Brien for the lease of
p..IQ12erty located at 14661 Tukwila International Boulevard. currently used as the Neighborhood
Resource Center. for 18 months be~st 1,2005.
\ '
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ROBERTSON MOVED; FENTON SECONDED; TO AUTHORIZE THE MAYOR TO ENTER
INTO A LEASE AGREEMENT WITH TIMOTHY O'BRIEN FOR THE LEASE OF
PROPERTY LOCATED AT 14661 TUKWILA INTERNATIONAL BOULEVARD,
CURRENTLY USED AS THE NEIGHBORHOOD RESOURCE CENTER, FOR 18 MONTHS
BEGINNING AUGUST 1, 2005. The motion carried 7-0.
c. Motion authorizing the May-or to SIgn an interlocal agreement with King County regarding the Trans-
Valley Intelligent Transportation System.
HAGGERTON MOVED; CARTER SECONDED; TO AUTHORIZE THE MAYOR TO SIGN
AN INTERLOCAL AGREEMENT WITH KING COUNTY,REGARDING THE TRANS-
VALLEY INTELLIGENT TRANSPORTATION SYSTEM. The motion carried 7-0.
d. Z<millg Code amendments:
1. An ordinance amending the Tukwila Municipal Code. clarifying and updating Zonin~
Qrovisions defining manufactured housing. lot, site and use, and disallowing residential plats in
commercial zones.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUKWILA, WASHINGTON,
AlVIENDING ORDINANCE NOS. 1758, 1819 AND
1976 AND CHAPTERS 18.06,18.50 AND 18.70 OF
THE TUKWILA MUNICIPAL CODE, TO ALLOW
MANUFACTURED HOUSING ANYWHERE
SINGLE-FAMILY DWELLINGS ARE PERl\1ITTED
KENYON DISEND1 PLLC
/fl-
THE lV[UNICIPAL LA W PIKA I
11 FRONT STREET SOUTH
ISSAQUAH, WASHINGTON 98027-3820
"VVtW.KENYONDISEND.COM
(425) 392-7090 . (206) 628-9059
FAX (425) 392-7071
SANDRA S. .MEADOWCROFT
SHELLEY M. KERSLAKE
HEIDI L BROSIUS
KERRI A. JORGENSEN
MINDY A. ROSTAlvII
LACEY L MADCHE
PETER B. BECKWITH
JOSEPH P LoUGHLIN
THOMAS J GUILFOIL
RENEE G. WALLS
ROMAN S. DIXON
JOSEPH B. LEVAN
KARl L SAJ.'1D
MICHAEL R. KENYON
BRUCE L DISfu'lD
November 8, 2005
Mr. Bob O'Brien
14639 Tukwila International Blvd.
Tukwila, W A 98168
Re: Lease of Property Located at 14661 Tukwila International Blvd.
Dear Mr. O'Brien:
I represent the City of Tukwila. This letter is to inform you that the City does not accept
your handwritten changes to the proposed lease agreement between you and the City for property
located at 14661 Tukwila International Blvd. At issue is your change to the termination clause
of"60 days written notice" to "at the end of the first term."
The lease of this property is currently month-to-month, as the lease term has expired.
However, the City would like to enter into a new long-term lease agreement with you. The City
does not object to increasing the rent but must retain the ability to terminate the lease upon no
more than 60 days.notice.
In order to reach a mutually agreeable lease, please call me at 425-392-7090.
Very truly yours,
KENYON DISEl\TD, PLLC
~&f-:--
Peter B. Beckwith
cc: R. Berry t/"
K. Fuhrer
G:\APPS\CIV\TUKWILA\LettenO'Brien - Lease.doc/kDP/IIl07/05
SERVING WASHINGTON CITIES SINCE 1993