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HomeMy WebLinkAboutResolutions - 2022-31 - A Resolution authorizing the mayor to exectute an agreement between the City of East Wenatchee and the CRDTF for a lease of space at 50 Simon Street. - 7/19/2022City of East Wenatchee Resolution 2022-31 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 2 City of East Wenatchee, Washington Resolution No. 2022-31 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an Agreement between the Columbia River Drug Task Force and the City of East Wenatchee for leasing of space within the Simon Street property. 1. Alternate format. 1.1. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con la secretaria de la Ciudad en alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east- wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Authority. 2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3. Authorization. The City Council authorizes the Mayor to execute an Agreement between the Columbia River Drug Task Force and the City of East Wenatchee for leasing of space within the Simon Street property that conforms to the language set forth in Exhibit A. 4. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. 5. Effective date. This Resolution becomes effective immediately. Lease Page 1 of 7 COMMERCIAL LEASE This Lease Agreement (this "Lease") is dated as of ______________, by and between City of East Wenatchee ("Landlord"), and the Columbia River Drug Task Force ("Tenant"). The parties agree as follows: PREMISES. Landlord is the owner of the following described premises (referred to as “Landlord’s Property”): That portion of Government Lot 1, Section 14, Township 22 North, Range 20, E.W.M., Douglas County, Washington, described as follows: Beginning at the Northwest corner of Lot 15 of East Wenatchee Land Company's Plat of Section 14, Township 22 North, Range 20, E.W.M., according to the plat thereof recorded in Volume A of Plats, Page 192, as the True Point of Beginning; thence East on the North line of said Lot 15, 212.60 feet; thence run Northerly, parallel to the West line of said Lot 15 for 215.0 feet; thence run West, parallel to the North line of said Lot 15, 212.60 feet to the East line of the State Highway; thence South on the East line of said State Highway for 215.0 feet to the Northwest corner of said Lot 15, the True Point of Beginning, EXCEPT the West 10 feet thereof conveyed to Douglas County by deed recorded under auditor's no. 121510, AND EXCEPT that portion conveyed to the City of East Wenatchee by deed recorded under auditor's no. 262316. Tax Parcel Number: 08200000043. The common Street Address for the Landlord’s Property is 50 Simon Street, East Wenatchee, WA 98802. LEASE. Landlord agrees to Lease to Tenant, and Tenant agrees to lease from Landlord, a portion he Landlord’s Property consisting of approximately 2800 square feet of office space on the upper level of Landlord’s property (referred to as the “Leased Premises”). Please see Exhibit A for a pictorial representation of the Landlord’s Property and the Leased Premises. Tenant organization shall appoint East Wenatchee as the lead agency within Tenant Organization with respect to Administration of this Lease. COMMON AREAS. As part of this Lease, Tenant shall have access to and the right to use the common areas of the upper level which consist of the hallways, stairways and restrooms. CONFERENCE ROOMS., Tenant may use Room 216, Room 217, and the interview rooms as long as those rooms are not needed by East Wenatchee Police Department. EXHIBIT A Resolution 2022-31 East Wenatchee Lease Page 2 of 7 PARKING. Tenant shall initially be entitled to use 8 designated parking spaces. Landlord intends to enclose approximately 40 parking spaces with secured fencing. If Landlord proceeds with the parking lot fencing project, Landlord and Tenant agree to equally share the cost of constructing the secured fencing. Provided, however, Tenant’s share of the cost shall not exceed $50,000. Upon completion of the secured fencing, Tenant shall be entitled to use 10 designated parking spaces within the secured parking lot. The remaining open parking area at that point shall no longer be Tenant designated parking and until Tenant is notified otherwise shall be undesignated and generally available for use of tenants, their employees, and visitors. Parking shall not be used for long term impound. TERM. The initial lease term will begin the first full month following completion of remodeling and authorization by the City for occupancy and will terminate on December 31, 2031. Remodeling is anticipated to be completed approximately March 1, 2022. Landlord agrees to negotiate in good faith for an extension of this lease, provided Tenant provides at least 180 days written notice of its desire for a lease extension. LEASE PAYMENTS. From the beginning of the lease term through December 31, 2026, Tenant shall pay to Landlord monthly installments of $3,300.00, payable in advance on the first day of each month. From January 1, 2027 through December 31, 2031, Tenant shall pay to Landlord monthly installments of $3,500.00, payable in advance on the first day of each month. Lease payments shall be made to the Landlord at 271 9th St. NE, East Wenatchee, Washington 98802 or such other location as the Landlord may direct in writing. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Leased Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted. USE OF PREMISES. Tenant may use the Leased Premises only for office use. Office use includes associated office activities, such as trainings, conferences, open public meetings, retreats, health and wellness activities, and office-related parties and social events. The Leased Premises may be used for any other purpose only with the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall notify Landlord of any anticipated extended absence from the Leased Premises not later than the first day of the extended absence. Tenant shall ensure that any firearms or other potentially dangerous instrumentalities are properly secured. EXPENSES. During the term of this Lease, Landlord shall pay all real estate taxes, all property assessments, stormwater, water, sewer, garbage collection, natural gas, electricity, elevator service, exterior window washing, landscaping, and irrigation water. Tenant is responsible to pay for and install its own data lines, servers, phone lines and systems, any needed security systems, and any other improvements needed for Tenant’s operations. EXHIBIT A Resolution 2022-31 East Wenatchee Lease Page 3 of 7 PROPERTY INSURANCE. Landlord and Tenant shall each be responsible for maintaining appropriate insurance for their respective interests in the Leased Premises and property located on the Premises. LIABILITY INSURANCE. Landlord shall maintain liability insurance on the Leased Premises in a total aggregate sum of at least $2,000,000.00. MAINTENANCE. The Landlord shall maintain the Landlord’s Property in good repair and tenantable condition during the continuance of this Lease, except in case of damage arising from the negligence of the Tenant's agents or employees. For the purposes of maintaining and repairing the premises, the Landlord reserves the right at reasonable times upon reasonable notice to enter and inspect the Leased Premises and to make any necessary repairs to the building. Landlord's obligations for maintenance shall include: - the roof, outside walls, and other structural parts of the building - the parking lot, driveways, and sidewalks, including snow and ice removal - the sewer, water pipes, and other matters related to plumbing - the electrical wiring - Janitorial services and supplies for restrooms - the air conditioning system -de-icing and snow and debris removal service Tenant's obligations for maintenance shall include: - all other items of maintenance not specifically delegated to Landlord under this Lease. TERMINATION. Notwithstanding any other provision of this Lease, Landlord may terminate this lease upon 90 days' written notice to Tenant that the Landlord’s Property has been sold. In the event that the Tenant organization is disbanded, it shall have the right to terminate the Lease and will provide as much advance notice to Landlord as practical. DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within 5 days (or any other obligation within 10 days) after written notice of such default is provided by Landlord to Tenant, Landlord may take possession of the Leased Premises without further notice (to the extent permitted by law), and without prejudicing Landlord's rights to damages. In the alternative, Landlord may elect to cure any default and the cost of such action shall be added to Tenant's financial obligations under this Lease. Tenant shall pay all costs, damages, and expenses (including reasonable attorney fees and expenses) suffered by Landlord by reason of Tenant's defaults. All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent". The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law. EXHIBIT A Resolution 2022-31 East Wenatchee Lease Page 4 of 7 LATE PAYMENTS. For any payment that is not paid within 10 days after its due date, Tenant shall pay a late fee of 5% of the amount due. HOLDOVER. If Tenant maintains possession of the Leased Premises for any period after the termination of this Lease ("Holdover Period"), Tenant shall pay to Landlord lease payment(s) during the Holdover Period at a rate equal to the normal payment rate set forth in the Renewal Terms paragraph. Holding over will not create a new tenancy, and Landlord retains all rights with respect to regaining possession of the Leased Premises. CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative and shall not be construed as exclusive unless otherwise required by law. REMODELING OR STRUCTURAL IMPROVEMENTS. Landlord will construct a privacy wall to enclose the 1,389 sq. ft. of the leased premises. Other than this privacy wall, Tenant shall have the obligation to conduct any construction or remodeling (at Tenant's expense) that may be required to use the Leased Premises as specified above. Tenant may also construct such fixtures on the Leased Premises (at Tenant's expense) that appropriately facilitate its use for such purposes. Such construction shall be undertaken and such fixtures may be erected only with the prior written consent of the Landlord which shall not be unreasonably withheld. Tenant shall not install awnings or advertisements on any part of the Leased Premises without Landlord's prior written consent. At the end of the lease term, Tenant shall be entitled to remove (or at the request of Landlord shall remove) such fixtures, and shall restore the Leased Premises to substantially the same condition of the Leased Premises at the commencement of this Lease. ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Leased Premises to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees, tenants or workers. However, Landlord does not assume any liability for the care or supervision of the Premises. As provided by law, in the case of an emergency, Landlord may enter the Leased Premises without Tenant's consent. During the last three months of this Lease, or any extension of this Lease, Landlord shall be allowed to display the usual "To Let" signs and show the Leased Premises to prospective tenants. INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, excluding reasonable attorney fees, which Landlord may suffer or incur arising from Tenant’s negligence or those of its employees, agents or contractors/subcontractors. To the extent permitted by law, Landlord agrees to indemnify, hold harmless, and defend Tenant from and against any and all losses, claims, liabilities, and expenses, excluding reasonable attorney fees, which Tenant may suffer or incur arising from the Landlord's negligence or those of its employees, agents or contractors/subcontractors. EXHIBIT A Resolution 2022-31 East Wenatchee Lease Page 5 of 7 DANGEROUS MATERIALS. Tenant shall not use, or permit the Leased Premises to be used, in a manner that violates any applicable federal, state or local environmental law, regulation, or ordinance now or hereafter in force. This includes, but is not limited to, any law, regulation, or ordinance pertaining to air or water quality or emissions; the handling, transportation, storage, treatment, usage or disposal of toxic or hazardous substances; or any other environmental matters. Compliance shall be at the sole cost and expense of Tenant, its agents, employees, contractors or invitees. Tenant shall immediately notify Landlord of any spills, releases, or other potential failures to comply with applicable environmental laws and regulations, and of any inspections, notices, orders, fines or communications originating from environmental regulatory agencies. Landlord, its officers, employees, contractors, or agents, shall have the right, but not the duty, to inspect the Property, including Tenant’s records pertaining to environmental compliance with applicable environmental laws and regulations and this Lease. If Tenant is found to be in violation of this Lease or any applicable environmental law or regulations, or if environmental contamination is detected, Tenant shall be responsible for all costs associated with such contamination or noncompliance. COMPLIANCE WITH REGULATIONS. Tenant shall promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Tenant shall not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the RCW 7.04A. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction. ASSIGNABILITY/SUBLETTING. Except for sublet for use by other governmental agencies, Tenant may not assign this Lease or sublet the Leased Premises without the prior written consent of the Landlord, which consent shall not be unreasonably withheld or delayed. NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed as follows: LANDLORD: City of East Wenatchee 271 9th St. NE East Wenatchee, Washington 98802 EXHIBIT A Resolution 2022-31 East Wenatchee Lease Page 6 of 7 TENANT: Columbia River Drug Task Force c/o Chelan County Prosecutor’s Office 401 Washington Street Wenatchee WA 98801 Or P.O. Box 2596 East Wenatchee, WA 98807 Such addresses may be changed from time to time by any party by providing notice as set forth above. Notices mailed in accordance with the above provisions shall be deemed received on the third day after posting. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of Washington. ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns. MEMORANDUM OF LEASE. Unless both parties consent thereto in writing, this Lease shall not be placed of record. Either Landlord or Tennant may execute and place of record an instrument, in recordable form, evidencing the commencement date and expiration date of this Lease and providing reference to where a copy of the Lease may be reviewed. LANDLORD: EXHIBIT A Resolution 2022-31 East Wenatchee Lease Page 7 of 7 City of East Wenatchee By: ___________________________________ Date: __________________ Mayor Jerrilea Crawford TENANT: By: ___________________________________ Date: __________________ EXHIBIT A Resolution 2022-31 East Wenatchee