Loading...
HomeMy WebLinkAbout25-152 - Contract - Puget Sound Regional Fire Authority - Lease Agreement Fire Station 5225-152 Council Approval 4/21/25 LEASE AGREEMENT BETWEEN THE CITY TUKWILA AND PUGET SOUND REGIONAL FIRE AUTHORITY FIRE STATION 52 ROOMS 210, 212, AND 213 THIS LEASE AGREEMENT (hereinafter "Lease") is between the CITY OF TUKWILA, a municipal corporation of the State of Washington ("City"), and PUGET SOUND REGIONAL FIRE AUTHORITY, a Washington municipal corporation (`RFA") (collectively referred to as "the Parties"). RECITALS 1. On January 1, 2025, the City transferred the real property legally described in Exhibit A attached and incorporated herein and located at 15447 65h Avenue South Tukwila, Washington 98188 (the "Property") (Parcel 43597000320) to the RFA. 2. Pursuant to Section 7.c.l.a.11 of the 2023 Puget Sound Regional Fire Authority Plan, the City retains the right to access and use certain areas of the Property. AGREEMENT NOW, THEREFORE, the City and RFA agree as follows: 1. PREMISES. 1.1. Description of Premises. The following areas of the above-described Property and all improvements thereto collectively comprise the "Premises" that are the subject to this Lease Agreement: 1.1.1. The 212 EOC Storage closet ("212 EOC Storage Closet"); 1.1.2. The 210 Training Room ("210 Training Room"); and 1.1.3. The 213 HAM closet ("213 HAM Closet"). 1.2. Lease of Premises. The City leases to the RFA, and the RFA leases from the City, the Premises upon the terms specified in this Lease. 1.3. As -Is. The RFA is providing the Premises in "as -is" condition for the City's use. The RFA makes no representation regarding the condition of the Premises or improvements located on the same. 2. USE. 2.1. Permitted Use. 2.1.1. 212 EOC Storage Closet. The City shall be permitted reasonable access and use of the 212 EOC Storage for any lawful purpose. 2.1.2. 210 Training Room. The City shall be permitted access and use of the 210 Training Room as the City's backup Emergency Operations Center on all days and at all hours without notice to the RFA in the event of an emergency and until termination of the emergency event. The City shall also be permitted reasonable access and use of the 210 Training Room as a public meeting space up to twenty (20) hours per calendar week, provided RFA staff is on-site to facilitate such use. 2.1.3. 213 HAM Closet. The City shall be permitted reasonable access and use of the 213 HAM Closet for storage of ham radios and related equipment. 2.2. Liens and Encumbrances. The City shall keep the Premises free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Premises. 3. TERM. 3.1. Term Defined. The term of this Lease shall be for 50 years ("Initial Term"), which shall commence retroactively to January 1, 2025 ("Commencement Date"). This Agreement will continue for the Initial Term and will automatically renew for additional 50 -year terms, subject to the City's right to terminate this Agreement in Section 3.4. 3.2. End of Term. Upon the termination of the Lease, as applicable, the City shall surrender the Premises to the RFA in the same or better condition as on the Commencement Date, reasonable wear and tear excepted. 3.3. Hold Over. If the City remains in possession of the Premises after termination of this Lease, the occupancy shall not be an extension or renewal of the Tern. The occupancy shall be a month-to-month tenancy, on terms identical to the terms of this Lease, which may be terminated by either party on thirty (30) days written notice. 3.4. Termination by City. The City may terminate this Agreement, for any reason, by providing ninety (90) days' written notice to the RFA. 4. LEASE PAYMENT. 4.1. Rent. The City shall pay to the RFA the annual rent of One Dollar and No/100 Cents ($1.00) ("Rent"). The first installment shall be due and payable on or before Commencement Date, and subsequent installments shall be due and payable on or before the 1 st day of each year thereafter. 4911-0762-8575, v. 1 5. UTILITIES AND OTHER EXPENSES. 5.1. Utilities. The RFA shall be solely responsible for all utilities serving the Premises. This includes payment of all fees that may be charged to the RFA or City, related to the Premises or use thereof, such as stormwater fees and property fees charged by the King County Assessor. 6. MAINTENANCE. 6.1. Maintenance. The City shall at its sole cost and expense, keep and maintain in good order and in clean, attractive, and safe condition the Premises. The RFA shall also pay 100% of the repair and replacement costs of the Premises. If any additions, repairs, alterations, maintenance, replacement, or changes to the Premises are required by any public authority, the RFA shall, at its sole cost and expense, make the same. All additions, repairs, alterations, replacements, or changes to the Premises shall be made in accordance with Section 7. Any damage or repairs that are the result of the City's negligent or intentional acts shall be the sole responsibility of the City. Upon termination of this Lease, the City shall return the Premises to the RFA in the same condition as it was received with reasonable wear and tear excepted. 7. TENANT IMPROVEMENTS. 7.1. Construction. The City shall not construct, alter, replace, remove or make major repairs of any improvements on the Premises without the prior written consent of the RFA. Prior to any construction, alteration, replacement, removal, or major repair of any improvements on the Premises, the City shall submit to the RFA plans and specifications that describe the proposed activity. Construction shall not commence until the City has approved the plans and specifications in writing. The RFA shall have thirty (30) days in which to review the proposed plans and specifications. The plans and specifications shall be deemed approved and the requirement for the RFA's written consent shall be treated as waived, unless the RFA notifies the City otherwise within the thirty (30) days. Upon completion of construction, the City shall promptly provide the RFA with as -built plans and specifications. The RFA's consent and approval shall not be required for any routine maintenance or repair of improvements made by the City pursuant to its obligation to maintain the Premises in good order and repair that does not result in the construction, alteration, replacement, removal, or major repair of any improvements on the Premises. The provisions of this section do not obviate any permit requirements that may apply to the proposed activity. 7.2. Ownership of Improvements. On the termination of the Lease, all City -initiated improvements shall become the property of the RFA without payment by the RFA. 7.3. Unauthorized Improvements. Improvements made on the Premises without the RFA's prior consent pursuant to subsection 7.1 or which are not in conformance with the plans submitted to and approved by the RFA ("Unauthorized Improvements") shall immediately become property of the RFA, unless the RFA elects otherwise. Regardless of ownership of Unauthorized Improvements, the RFA may, at its option, require the City to sever, remove, and dispose of them. If the City fails to remove an Unauthorized 4911-0762-8575, v. 1 Improvement upon request, the RFA may remove it and charge the City for the cost of removal and disposal. 8. INDEMNIFICATION. 8.1. The City agrees that it will protect, save, defend, hold harmless and indemnify the RFA, its officials, employees, volunteers and agents from any and all demands, claims, suits, actions, judgments, or liabilities for injury or death of any person, or for loss or damage to property, arising as a result of accidents, injuries, or other occurrences on the Premises or on RFA's Property, occasioned by either the negligent or willful conduct of the City, its agents or any person or entity holding under the City or any person or entity on the Premises or on the RFA's property as a result of City's activity, regardless of who the injured party may be. Notwithstanding the foregoing, the RFA shall, to the extent permitted by law, indemnify and hold the City harmless for any and all demands, claims, judgments, or liability for loss or damage arising from the RFA's negligent, reckless and/or willful acts (including those of the RFA's employees, officials, or agents). It is further specifically and expressly understood that the indemnification provided herein constitutes the City's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated and agreed to by the RFA and City. The provisions of this section shall survive the expiration or termination of this Lease. 9. ASSIGNMENT AND SUBLETTING. 9.1. The City shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of the City's interest in this Lease or the Premises without the RFA's prior written consent which may not be unreasonably withheld by the RFA. In the event of such consent, each permitted transferee shall assume all obligations under this Lease. No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of City. The RFA's consent shall not be required for a sublease of the premises to another governmental entity providing services that directly support and benefit the operation of the City. 10. INSURANCE. 10.1. During the term of this Lease and any extension thereof, the RFA shall maintain an insurance policy on the Premises in the amount of the replacement cost, for damage from fire; earthquake; and other perils. The proceeds on a claim against said insurance policy for damage shall be used to repair damage to the Premises so insured. However, if the RFA is not required or elects not to repair said Premises, all such insurance proceeds shall be retained by the RFA. All salvage resulting from any risk covered by the RFA's insurance shall also belong to the RFA. 10.2. The City shall be responsible for maintaining its own fire and hazard insurance on City - owned personal property and leasehold improvements placed within and on the 4911-0762-8575, v. 1 Premises by the City. 10.3. The City shall procure and maintain for the duration of the Lease, insurance against claims for injuries to persons or damage to property which may arise from or in connection with this Lease by the City, its agents, representatives, employees, or subcontractors. 11. DAMAGE OR DESTRUCTION DUE TO CASAULTY. The Parties recognize that some or all use of the Property or Premises may be interfered with or prevented because of fire, earthquake, flood, storm, landslide, act of war, vandalism, theft or other extraordinary casualty ("Casualty"). 11.1. Material Damage. If the Premises are damaged or destroyed by fire or any Casualty the parties shall meet and determine how long the repair and restoration will take within thirty (30) days after date of such damage. After that determination has been made, the City shall have a period of thirty (30) days to terminate the Lease by giving written notice to the RFA. 11.2. Repair after Damage. If the City does not give notice of the City's election to terminate as provided in subsection 11. 1, then the RFA shall, subject to the provisions of this Section, immediately commence and diligently pursue the completion of the repair of such damage so that the Premises are restored to a condition of similar quality, character, and utility for the City's purposes. Notwithstanding anything contained herein to the contrary, if the Premises are not repaired and restored within one hundred twenty (120) days from the date of the damage, the City may cancel the Lease at any time before the RFA completes the repairs and delivers the restored Premises to the City. If the City does not so terminate, the RFA shall continue to restore the Premises. The City shall have no claim against the RFA for any direct, incidental, or consequential damages arising from the RFA's failure to commence or complete any repairs to the Premises. In no event shall the RFA be obligated to spend more money on the repair than is provided by insurance proceeds in subsection 10.1. 11.3. Uninsured Damage. If damage or destruction is caused by a peril not required to be insured against hereunder and for which insurance proceeds are not available, either the City or RFA may terminate this Lease by thirty (30) days written notice to the other of its election to do so, and the Lease shall be deemed to have terminated as of such date unless the other party agrees in writing to pay for such repairs or restoration. 12. DEFAULT AND REMEDIES. 12.1. Acts Constituting Default. The City shall be in default of this Lease on the occurrence of any of the following: 12.1.1. Failure to pay expenses when due; 12.1.2. Failure to comply with any law, regulation, policy, or order of any lawful governmental authority; 12.1.3. Failure to comply with any other provision of this Lease; 12.1.4. Failure to cure a default pursuant to Section 12.2 below; 12.1.5. Proceedings are commenced by or against the City under any bankruptcy act 4911-0762-8575, v. 1 or for the appointment of a trustee or receiver of City's Premises; or 12.1.6. The City vacates or abandons the Premises. 12.2. Failure to Cure. A default shall become an event of default ("Event of Default") if the City fails to cure, or take positive steps to cure, the default within 30 days after the RFA provides the City with written notice of default, which specifies the nature of the default. 12.3. RFA's Remedies Upon Default. Upon an Event of Default, the RFA may terminate this Lease and remove the City by summary proceedings or otherwise. The RFA's reentry or repossession of the Premises under this subsection shall not be construed as an election to terminate this Lease or cause a forfeiture of rents or other charges to be paid during the balance of the Term, unless the RFA gives a written notice of termination to the City or termination is decreed by legal proceedings. 13. ENTRY BY THE RFA. The RFA shall have the right to enter the Premises at any reasonable hour to inspect for compliance with the terms of this Lease upon twenty-four (24) hours' notice. The City and/or its agents shall comply with all of the RFA's work safety rules and restrictions. 14. NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by certified mail, return receipt requested, to the addresses listed on the signature page or to such other places as the parties may direct in writing from time to time. A notice shall be deemed given and delivered upon personal delivery or three (3) days after being mailed as set forth above, whichever is applicable. 15. MISCELLANEOUS. 15.1. Authority. The City and the RFA represent that each person signing on this Lease on its behalf is authorized to do so. 15.2. Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their successors and assigns. 15.3. Headings. The headings used in this Lease are for convenience only and in no way define, limit, or extend the scope of this Lease or the intent of any provision. 15.4. Waiver. The waiver by the RFA of any breach or default of any term, covenant, or condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition; of any subsequent breach or default of the same; or of any other term, covenant, or condition of this Lease. The RFA's acceptance of a rental payment shall not be construed to be a waiver of any preceding or existing breach other than the failure to pay the particular rental payment that was accepted. 15.5. Cumulative Remedies. The rights and remedies of the City under this Lease are cumulative and in addition to all other rights and remedies afforded to the City by law or equity or otherwise. 15.6. Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of this Lease. 4911-0762-8575, v. 1 15.7. Invalidity. If any provision of this Lease shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Lease. 15.8. Applicable Law and Venue. This Lease shall be interpreted and construed in accordance with the laws of the State of Washington. Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Lease shall be in the Superior Court for King County, Washington. 15.9. Modification. Any modification of this Lease must be in writing and signed by the parties. The City shall not be bound by any oral representations or statements. 15.10. Quiet Enjoyment. The RFA covenants and agrees that the City, upon performing the terms and conditions of the Lease, may peacefully hold and enjoy the Premises during said term without any interruption by the RFA, its successors or assigns, or any person or company lawfully claiming by or through it. 15.11. Recording of Short Form Lease. Neither the City nor the RFA may record this Lease without the other's prior approval, but the Parties will at any time at the request of either party promptly execute duplicate originals of an instrument, in recordable form, which will constitute a short form of this Lease, setting forth a description of the Premises, the terms of this lease and other provisions hereof, except the rental and other provisions as either party may request, which may be recorded. 15.12. Duplicate Originals. This Lease Agreement may be executed in duplicate originals. THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below and is effective as of January 1, 2025. [SIGNATURE BLOCKS FOLLOW ON NEXT PAGE] 4911-0762-8575, v. 1 PUGET SOUND REGIONAL FIRE AUTHORITY DocuSigned by: By: LE C' Chief DATE: 412412025 1 5:41 PM PDT APPROVED AS TO FORM: rDocuSigned by: naw S"w- RFA Attorney NOTICES TO BE SENT TO: Puget Sound Fire Administration 20811 84th Ave S Kent, WA 98032 4911-0762-8575, v. 1 CITY OF TUKWILA By: FSigned by: mous htt"i 8EE24380545B44C... Mayor DATE: 412512025 1 2:03 PM PDT ATTEST: ••••- Signed�b/y: Ciryer 2F 4FF A8423... APPROVED AS TO FORM: Signed by: QbJ" 1�6mi 402D 32E834A49E... Ciry ttorney NOTICES TO BE SENT TO: City of Tukwila Mayor's Office 6200 Southcenter Blvd Tukwila, WA 98188 EXHIBIT A TUKWILA STATION 52 ABBREVIATED LEGAL DESCRIPTION INTERURBAN ADD TO SEATTLE LOT 17 LESS PORTION LY NLY OF FOLLOWING DESCRIBED LINE - BEGIN SW CORNER OF LOT 17 TH NORTH 210 FEET TH N 89-47-00 E TO WLY MARGIN OF 65 TH AVE S LESS POR DAF - POR OF LOT 17 DAF - BAAP OF C/L OF RENTON-THREE TREE PT NO 2649 & W LN OF SEC 23- 23- 04 SD PT BEING ENG STA 135+29.92 FR WCH SW COR OF SD SEC 23 BEARS S 0-11-42 E 2044.06 FT TH S 84-51-48 E 1647.24 FT TH ON A CRV TO RGT HAVING A RAD OF 955.37 FT 360 FT TH S 63-15-48 E 359.18 FT TH ON A CRV TO LFT RAD OF 5729.65 FT 370 FT TH S 66-57-48 E 1162. 53 FT TH ON A CRV TO LFT HAVING A RAD OF 716.34 FT 442.40 FT TH N 77-38- 42 E 201. 68 FT TH LEAVING SD C/L OF SD RD & RUNNING N 00-14-00 E 272.03 FT TH S 00-14-00 W 87.94 FT M/L TO NWLY MGN OF VAC MACADAM RD TH S 49-00-00 W ALG SD NWLY MGN 106.38 FT TH N 00-14-00 E 312.55 FT M/L TO S LN OF LOT 17 IN SD PLAT & TPOB TH CONT N 00-14-00 E 150 FT TH S 88-24-47 E PLW NLY LN OF SD LOT 17 170 FT M/L TO SWLY MGN OF 65TH AVE S TH SELY ALG SD MGN TO SE COR OF SD LOT 17 TH N 89-09-00 W ALG S LN OF LOT 17 TO TPOB LESS POR LYING WITHIN M. W. ADD LESS RD Also known as King County Parcel No. 359700-0320, located at 15447 65�' Avenue South Tukwila, Washington 98188.