HomeMy WebLinkAboutCOW 2005-07-25 Item 4B - Lease Agreement - Neighborhood Resource Center COUNCIL AGENDA SYATOPSIS
Initials ITEM No.
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07/25/05 1 RAB 1 1✓ r 1
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ITEM INFORMATION
CAS NUMBER: 05-109 I ORIGINAL AGENDA DATE: 7/25/05
AGENDA ITEM TITLE Lease agreement for Neighborhood Resource Center
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 7/25 1bltg Date Mtg Date Mtg Date Mtg Date illtg Date Mtg Date
'SPONSOR Council Major Adm Svcs DCD Finance Fire Legal P &R Police P1 I
SPONSOR'S New lease needed due to expiration of previous agreement.
SUMMARY
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte LI Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 7/18/05
RECOMMENDATIONS:
SPONSOR /ADMIN. Discuss and forward to Regular Meeting for approval
COM NI'1TEE Same
COST =IMPACT /-FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$16,800 annually $15,264.00
Fund Source:
Comments:
1 MTG. -DATE RECORD OF °COUNCIL ACTION
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MTG. DATE -ATTACHMENTS
7/25 Memo from Mayor dated 7/20 1
Draft lease agreement
Finance Safety Committee Minutes (draft) of 7/18/05
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MEMORANDUM
TO: City Council
FROM: Mayor Mullet
DATE: July 20, 2005
SUBJECT: Lease Agreement for Neighborhood Resource Center
Attached for your review is a draft lease agreement for the Neighborhood Resource
Center located at 14661 Tukwila International Boulevard.
The original lease agreement, effective September 1, 1995, was for three years at a rate of
$900 per month. Through the years that agreement has been extended through various
amendments, the most recent of which expired on June 30,2005. The monthly payment
amount was increased on September 1,2000 to $1200 per month.
The lessor has requested a monthly rent increase of $200, bringing the annual lease cost
up from 14,400 to 16,800. Though the dollar expenditure is well within the Mayor's
signature authority, Council must authorize entering into the agreement. The Finance and
Safety Committee considered the draft lease at its meeting of July 18, and the
committee's suggestions have been incorporated into the draft.
Questions regarding this lease may be addressed to my office.
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LEASE AGREEMENT
This Lease is made and entered into by and between the City of Tukwila ("City"), lessee,
and Timothy O'Brien (O'Brien), lessor.
1. Premises. O'Brien hereby leases to the City the upper main floor, outside yard, and
parking spaces along the west driveway at 14661 Tukwila International Boulevard, City of
Tubvila, King County, State ofvVashington.
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'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 in its present
condition, and agrees to repair and maintain said premises in its present condition, ordinary 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 making 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 terminate this Lease.
8. IndemnifIcation. Each party agrees to protect, defend, appear, save hannless and
indemnify 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 in the
perfonnance of this Lease.
9. Insurance. The City agrees to maintain public liability insurance on the premises in
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'Brien.
LEASE AGREEMENT - 1
10. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to O'Brien shall be sent to the following 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.
12. Termination. The City may terminate this lease by giving O'Brien sixty (60) days
written notice of the City's intent to terminate.
13. Entire Lease. This Lease contains all of the terms 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 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 provision
contained herein, shall by instituted and maintained only in King County, vVashington.
day of
,20
DATED this
CITY OF TUKWILA
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
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Finance and Safety Committee
July 18, 2005
Present:
Dennis Robertson, Chair; Pam Carter, Dave Fenton
Kevin Fuhrer, Rhonda Berry, Viki Jessop, Dave Haynes, Jane Cantu, Lucy
Lauterbach
1. Police Organizational Review Viki explained the need to reclassify the positions of captain
and commander in the Police Department. There were fonnerly assistant chiefs in the
department, but this was changed under Keith Haines. There has been compression between the
management and the officers, and a change would rectify this. Dave H also said external
comparisons would be more equal ifthe position grades were upgraded. Finally, the people in
the positions that would be affected have been doing work equal to assistant chiefs or
commanders, and should be given the grades that reflect that. The changes will cost
approximately $14,000 this year. The Committee asked that the cost for 2006 also be included.
The organizational chart will include current and new positions to clarify the changes.
Committee recommendation of changes to CO'V.
2. Seizure Account Expenditure Dave H said Lieutenant Don Lincoln has coordinated the
Investigations move into the old school district offices in the 6300 building. Traffic, the T AC.
Team, instructors, and volunteers will use the current spaces once they are remodeled and
upgraded. It will also allow for storage of T AC team materials. The cost of approximately
$32,000 will come from drug seizure funds. Dave F initially had some questions about the need
for these improvements, but was satisfied his questions were addressed. The three Committee
members signed 7 purchase orders for work to be done on the just-vacated space. This is the
second phase of a three-phase move. The first phase involved moving Major Crimes and the
other units into the old school district offices. Recommend improvements to COW.
~. Neighborhood Resource Center contract The lease for the Neighborhood Resource Center
-1\ ~n TIB has expired, and a new lease is in order, The fonner lease, which was extended several
times between 1998 and 2005, had provisions that have been clarified in the new lease. Rent is
increasing from $1,200 to $1,400/month, and the lease agreement will run for 18 months, after
which time it can be extended for an additional eighteen months. The Committee recommended
a tennination clause, and clarifying who is responsible for heating/cooling and restroom
improvements or replacements, Dave H said the window air conditioner there is failing.
Recommend lease agreement to CO'V for approval.
4. Update to Budget Presentation Kevin updated the budget presentation he had made at a
COW meeting. The change was made to Attachment A, which includes a summary of both
operating and capital funds. Kevin added the carryover in funds from 2004 into the 2005 budget
calculations, Dennis said he was interested in what had changed up to this point in the year.
Kevin will try to do that soon, Information.