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HomeMy WebLinkAboutCOW 2012-05-14 Item 4C - Lease Agreement - Neighborhood Resource CenterCOUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date Prepared by Mayors review Council review 05/14/12 MV 05/21/12 MV 4.C. ITEM INFORMATION STAFF SPONSOR: CHIEF VILLA I ORIGINAL AGENDA DATE: 5/14/21 AGENDA ITEM TPTLE Neighborhood Resource Center CATEGORY Discussion Motion Resolution Ordinance Mtg Date 05114112 Mig Date 05121112 Mtg Date Mtg Date Bid Award Public Hearing ❑Other Mt g Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PW SPONSOR'S The Police Department would like to re -open a Neighborhood Resource Center on Tukwila SUMMARY International Boulevard (TIB) to increase police visibility and effectiveness along the TIB corridor. The Council is asked to approve 1) the lease agreement for the building located at 14862 Tukwila International Boulevard and 2) the use of seizure funds to cover one -time costs of approximately $74,071 in tenant improvements and installation of camera monitoring infrastructure and equipment. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 5/8/12 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Police Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $158,281 $0 $158,281 Fund Source: SEIZURE ACCOUNT AND GENERAL BUDGET Comments: $74,071 from seizure account, PD budget to cover monthly expenses MTG. DATE J RECORD OF COUNCIL ACTION 05/14/12 05/21/12 MTG. DATE J ATTACHMENTS 05/14/12 Informational Memorandum dated 4/20/12 Draft Lease Agreement between the City and Mike West Budget Projection Summary Diagram of Monitoring System Minutes from the Finance and Safety Committee meeting of 5/08/12 51 52 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Mike Villa, Chief of Police DATE: April 20, 2012 SUBJECT: Neighborhood Resource Center ISSUE The Police Department would like to re -open a Neighborhood Resource Center on Tukwila International Boulevard (TIB) to increase police visibility and effectiveness along the TIB corridor. Staff is recommending the Council consider and approve the lease agreement with Mike West for the building located at 14862 Tukwila International Boulevard and the expenditure of drug asset forfeiture seizure funds to cover the one -time costs of approximately $74,071. BACKGROUND The Police Department opened a Neighborhood Resource Center (NRC) on the 14600 block of Tukwila International Boulevard in the mid 1990's. The NRC increased police visibility, interaction with the community, and enforcement effectiveness for crimes occurring in the area. Due to cuts in our budget we discontinued the funding for the NRC for the 2011/2012 biennial budget. The NRC was closed at the beginning of 2011. Many citizens and business owners on TIB complained about increased prostitution and drug activity after the NRC closed. Our police officers expressed the same concerns. We have attributed the increase in part to the mere absence of a police facility within the TIB corridor. Even more we believe we have seen an increase in street crimes due to the loss of a frequently utilized tactic monitoring of closed circuit cameras. These cameras enabled officers to observe crimes covertly and respond and take immediate enforcement action. The city administration plans to open a neighborhood resource center during phase two of the Tukwila Village project. However, that facility will not be completed for an estimated three years. In addition, the Community Oriented Policing (COP) bicycle team will begin working on TIB mid to late summer of 2012. The team currently does not have an office space from which to work. Given the above background, the department set out to find a suitable location for a neighborhood resource center that we could re -open in the summer of 2012. The former Southtowne Auto Rebuild office on the 14800 block of TIB was for lease and provided 53 INFORMATIONAL MEMO Page 2 an ideal location. We entered into negotiations with Mike West and have reached a tentative agreement to lease the office building for three years beginning July 1, 2012. DISCUSSION Leasing the former Southtowne Auto Rebuild office provides several benefits and meets current needs for both our police department and the community as follows: Increases our visibility in the community and along TIB ❑Accommodates volunteers Provides a good location for citizen walk -ins and community interaction Provides a facility to monitor cameras and enable immediate response Gives our COP /bike officers an office on TIB Enhances enforcement capabilities Re- opening an NRC at this location will increase our overall law enforcement effectiveness on TIB and in the surrounding neighborhoods. Although we plan to open an NRC within the Tukwila Village development, we need a suitable location between now and then. We have listened to both the community's concerns and the concerns of our police department personnel and believe that we should not wait. Opening an NRC will require one -time costs and tenant improvements, the most significant being the installation of the camera monitoring system. It also requires a three -year lease agreement. Mayor Jim Haggerton and City Administrator David Cline are in support of this proposal and the funding plan as stated below. FINANCIAL IMPACT The lease agreement is attached. In summary, and pending Council approval, we have agreed to a three year lease with the following: ❑$1,465 per month for the period of July 1, 2012 through December 31, 2012 $1,650 per month from January 1, 2013 through December 31, 2013 $1,700 per month thereafter Cost of utilities 50% of property tax The lease, utilities, property tax, fire and burglar alarm, and telephone are estimated to cost $13,110 for 2012, July through December. The Police Department will absorb that expense from its 2012 budget. The lease, utilities, property tax, fire and burglar alarm, and telephone are estimated to cost $28,440 in 2013 and $29,040 in 2014. Funding will be allocated during the 2013/2014 budget planning process and will come from the general budget. 54 W.12012 Info Memos- Counci1\InfoMemoNRC.doc INFORMATIONAL MEMO Page 3 Startup costs include tenant improvements, purchase and installation of video cabling and monitoring equipment, and purchase and installation of computer and phone equipment. Tenant improvements are estimated to be $1,500. Monitoring city video cameras requires connecting to fiber cables on the west side of TIB. The recommended method is to drill and run fiber underneath TIB. The estimated cost is $18,300. Purchasing and installing commercial grade video monitors and surveillance equipment is estimated at $34,522. The computer and telephone set up will cost approximately $14,248. There are additional taxes and permit costs that bring the total to approximately $74,071. The equipment, about $42,000 of the $74,071, may be moved and continue to be utilized at a new NRC when the time comes. The Police Department proposes these one -time costs be funded by monies from the drug asset forfeiture account. There are sufficient funds in that account for this purpose. RECOMMENDATION The Finance and Safety Committee is being asked to forward this item for consideration at the May 14, 2012 Committee of the Whole meeting and subsequent May 21, 2012 Regular Meeting. ATTACHMENTS Draft Lease Agreement between the City and Mike West Budget Projection Summary Diagram of Monitoring System WA2012 Info Memos- CoundAInfoMemoNRC.doc 55 56 D IL J S A 1 ✓IP�W THIS LEASE AGREEMENT, dated this day of 2012, is entered into by and between Mike West, the property owner, hereinafter referred to as "Lessor," the City of Tukwila, a political subdivision of the State of Washington and hereinafter referred to as "Lessee," for the purpose of leasing the former Southtowne Auto Rebuild office building located at 14862 Tukwila International Boulevard, Tukwila, Washington 98168. WITNESSETH: 1. Description of Premises. Lessor hereby leases to Lessee, upon the terms and conditions herein set forth, the building located at 14862 Tukwila International Boulevard, Tukwila, Washington (hereinafter "Premises The Premises include the entire building except the basement and rear entryway /foyer. 2. Additional Rights of Access. Lessor hereby grants Lessee non exclusive rights for ingress and egress to and from the Premises through the rear entryway /foyer. Lesssor hereby grants Lessee exclusive rights to park between the Premises and Tukwila International Boulevard and non- exclusive rights to park up to six vehicles in the lot behind the building. 3. Rent. Lessee shall pay Lessor rent in the amount of $1,465 per month for the period from 7/1/12 through 12/31/12, $1,650 per month for the period from 1/1/13 through 12/31/13, and $1,700 per month thereafter. Rent shall be due to Lessor on the first day of the month. 4. Deposit. Lessee shall pay Lessor a $2,500.00 refundable security deposit prior to taking possession of the Premises. 5. Term. The term of this Lease Agreement is three (3) years commencing on July 1, 2012 and terminating on June 30, 2015 unless sooner terminated as a result of either party's default hereunder or in accord with the termination provisions set forth in paragraph 18. At the conclusion of the stated term, the lease will remain in effect on a month -to -month basis. 6. Ownership. The real property, improvements, and all permanent fixtures shall become and remain the property of Lessor. Any personal property on the premises shall remain the property of the party that supplied it. 7. Permitted Uses. Lessee intends to use the Premises for a police department neighborhood resource center but may use the Premises for any other lawful purpose. 8. Acceptance of Premises. Lessee has examined the premises and accepts them in their present condition. 9. Maintenance and Repair. Lessee may maintain, clean, and repair any part of the interior C:\ Users \876\AppData\Local\Microsoft \Windows \Temporary Internet Files\ Content.Outlook\LOVUDYTV\Police NRC Lease v5.doc/PH104 /24/12 -1- 57 of the Premises. Said maintenance, cleaning and repairs shall be at Lessee's sole discretion and expense. Lessor shall maintain, clean, and repair the exterior of the Premises and related property. 10. Utilities. Lessee shall be responsible for paying for all utilities. 11. Property Taxes. Lessee shall reimburse Lessor for 50% of the property taxes paid by Lessor for the parcel on which the Premises are located (assessor parcel number 004100 0329). Lessee's portion of said taxes shall be prorated to reflect the term of this lease as it relates to the calendar year of the respective property taxes. Lessee shall issue payment due under this section to Lessor within 30 days of receiving proof of payment from Lessor. 12. Tenant Improvements. Lessee may make improvements and other alterations to the interior of the Premises at Lessee's expense. Lessee may make any interior and exterior alterations necessary to install communications cabling and equipment. Any improvements proposed under this paragraph must receive approval from the Lessor before such improvements are undertaken. Lessor shall not unreasonably withhold approval and shall consider Lessee's installation costs when evaluating alteration alternatives. 13. Sima2e. Lessee has exclusive rights to signage on the Premises and may remove all or a portion of the existing Southtowne pole sign. Lessee may, at its own expense, install a sign or signs on the existing pole sign or exterior wall of the Premises. Lessee may install exterior lighting for the signage on the Premises at Lessee's expense. 14. Default. Failure to comply with provisions of this Lease Agreement renders this Lease Agreement null and void, and gives either party the right to terminate this agreement. 15. Hold Harmless. Lessee shall defend, indemnify, and hold harmless the Lessor from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Lessee's use of the Premises, or from the conduct of Lessee's business, or from any activity, work or thing done, permitted, or suffered by Lessee in or about the Premises except only such injury or damage as shall have been occasioned by the negligence of the Lessor. 16. Assil?nment. Neither party shall assign or sublet its rights or responsibilities under this Lease Agreement without the written authorization of the other party. Written authorization shall not be unreasonably withheld. 17. Binding on Heirs, Successors, and Assigns. This Lease shall be binding upon the heirs, executors, administrators, successors, and assigns of both parties hereto. 18. Termination. Pursuant to the terms and conditions of this Lease Agreement between the parties, this Lease Agreement may be terminated upon written mutual agreement between the parties hereto. C:\ Users \876\AppData\Local\Microsoft \Windows \Temporary Internet Fil es\ Content.Outlook\LOVUDYTV\Police NRC Lease v5.doc/PH/04 /24/12 -2- i 19. Insurance. Lessee shall procure and maintain for the duration of this Lease Agreement, insurance against claims for injuries to person or damage to property which may arise from or in connection with the Lessee's operation and use of the Premises. 21. Liens. Lessee shall keep the premises free from liens arising out of obligations incurred by Lessee. 22. Access For Inspection or Upkeep. Lessor reserves the right to inspect the premises at a reasonable time and with reasonable notice. Lessee must be present during such times. 23. Compliance With All Laws and Regulations. In using the premises, Lessee shall comply with all applicable laws, ordinances and regulations from any and all authorities having jurisdiction. 24. Entire Lease. This agreement 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. 25. Severability. It is hereby agreed that no waiver of any condition or covenant in this Lease Agreement, or any breach thereof, shall be taken to constitute a waiver of any subsequent breach. 26. Applicable Law: Venue: Attornev's Fees. This Lease shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Lease, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 27. Notices. Any written notice required or permitted to be given herein shall be made by registered or certified U.S. mail, or by delivery in person to the party which is the intended recipient of the notice, at the following addresses or to such other respective addresses as either party hereto may from time to time designate in writing: Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 With a copy to: C:\ Users \876\AppData\Local\Microsoft\Windows \Temporary Intemet Files\ Content.Outlook\LOVUDYTV\Police NRC Lease O.doc/PW04 /24/12 -3- 59 Tukwila Police Department 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to the Lessor shall be sent to the following address: Mike West 18047 Military Road South SeaTac, WA 98188 Notices sent by mail shall be deemed given when properly mailed, and the postmark affixed by the United States Post Office shall be conclusive evidence. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement as of the date first written above. LESSEE Ln LESSOR Title: Jim Haggerton, Mayor Title: ATTEST /AUTHENTICATED: Printed Name: Christy O'Flaherty, City Clerk APPROVED AS TO FORM: Office of the City Attorney Date approved by City Council: (Applicable if contract amount is over $40,000) Address: C:\ Users \876\AppData\Local\Microsoft \Windows \Temporary Intemet Files\ Content.OUtlook\LOVUDYTV\Police NRC Lease v5.doc/PH/04 /24/12 -4- .1 police neighborhood resource center budget projections summary window to international boulevard FINANCE AND SAFETY COMMITTEE Meeting Minutes May 8, 2012 5:15p. m.; Conference Room #3 City of Tukwila Finance and Safety Committee PRESENT Councilmembers: De'Sean Quinn, Chair; Dennis Robertson and Kate Kruller Staff: Kim Walden, Trish Kinlow, Mindy Briener, Mike Villa, Peggy McCarthy, Derek Speck, David Cline and Kimberly Matej Guests: Jerry Thornton, Lynn Churchill, Art Rosengren and Jun Castillo COPCAB Members CALL TO ORDER: Chair Quinn called the meeting to order at 5:15 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Interlocal Agreement: Citv of SeaTac for Probation Services Staff is seeking Council approval to enter into an Interlocal Agreement to provide probation and jail alternative services to the City of SeaTac. The City of SeaTac would like to utilize the City of Tukwila's probation services in order to increase probation availability, services and jail alternatives to their court customers. Tukwila has the capacity to take on the SeaTac caseload, and would like to do such via an Interlocal Agreement. SeaTac will pay Tukwila a one -time fee of $15,000 to absorb SeaTac's current caseload, and new cases will be billed according to services and costs incurred (see Exhibit B, page 8 of the Committee agenda packet). Committee Member Robertson asked if this additional caseload would contribute to the high volume of traffic already being experienced at City Hall. Staff explained that they do not anticipate an increase due to this agreement, since SeaTac will still remain the presiding court for SeaTac related offenses, and probationary services are usually one -on -one interactions between the officer and client. Committee Member Robertson also commented that the agreement did not appear to cost Tukwila anything; as well, he confirmed that the Court has the capacity to support this additional function. Staff responded in the affirmative, stating that additional functions would require more Court space. UNANIMOUS APPROVAL. FORWARD TO MAY 21 CONSENT AGENDA. B. Lease for Neiehborhood Resource Center Staff is seeking Council approval for two items relating to the re- opening of a Neighborhood Resource Center (NRC): Enter into a lease agreement with Mike West for the property located at 14862 Tukwila International Boulevard (formerly Southtowne Auto Rebuild) Expenditure of drug asset forfeiture funds in the amount of $74,071 for tenant improvements Due to budget cuts, the Police Department's Neighborhood Resource Center (NRC) was closed in early 2011. Since that time, police staff and citizens alike have noticed increased prostitution and drug- related activity in the Tukwila International Boulevard corridor. Although a new NRC is planned to be included in the Tukwila Village development, it will be approximately three years until the facility will be complete and functional. Staff believes it is important to the City and community to re -open the NRC as soon as possible, and have identified the former Southtowne Auto Rebuild as a potential location. Owner Mike West has agreed to a three -year lease with the City for use of a portion of the building as a Neighborhood Resource Center. 63 Finance Safety Committee Minutes Mav 8, 2012 Pace 2 The three -year draft lease will begin on July 1, 2012. The City will incur a monthly lease payment and be responsible for the cost of utilities, 50% of the property taxes for the parcel, alarm and telephone costs. These annual costs are estimated to be under $30,000 and will be planned for during the regular budget process. These same costs for 2012 (partial year) are estimated to be $13,000 and will be absorbed through the Police Department's current budget. Tenant improvements will need to be made to the site in order for staff to provide functional services. These tenant improvements are a one -time cost, and are estimated to be just over $74,000. These costs include: purchase and installation of video cabling, monitoring, computer and phone equipment. Most of the equipment would be utilized in the Tukwila Village NRC, once it is complete. Police staff would like to utilize funds from the Drug Asset Forfeiture Account for these one -time costs. Several Community Oriented Policing Citizens Advisory Board (COPCAB) members attended the meeting and shared their support of re- opening the NRC as soon as possible. UNANIMOUS APPROVAL. FORWARD TO MAY 14 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:32 p.m. Next meeting: Tuesday, May 22, 2012 5:15 p.m. Conference Room #3 40, Committee Chair Approval Minutes by KAM. .i