HomeMy WebLinkAboutLease LAG-10-004
JAIL FACILITY LEASE AGREEMENT
THIS AGREEMENT, made and entered into this 1541 day of n-el n&n,
20 I D by and between THE CITY OF RENTON, a Washington municipal corporation,
hereinafter referred to as "Lessor" and THE SOUTH CORRECTIONAL ENTITY ("SCORE,"), a
governmental administrative agency formed pursuant to RCW 39.34.030(3), hereinafter
referred to as "Lessee", as follows
WITNESSETH:
1. Description: The Lessor, for good and valuable consideration, hereby
demises, lets and leases unto the Lessee the premises situated at 1055 South Grady
Way, Renton, WA 98067, located on the Second Parking Level (aka, P-2), and outlined in
red on Exhibit A attached hereto and incorporated herein by reference.
2. Use of Premises: The Lessee, and its authorized representatives, subtenants,
assignees, agents, invitees, and licensees, shall have the right to use, in common with
others, on a non-exclusive basis the following common areas which were ordinarily used
by Lessor for operation of the jail prior to commencement of this Lease:
Any and all areas open to the public,
A direct route, by elevator or stairwells, from the lobby of city hall to the jail
facility on the second parking level (P-2),to escort invitees to the jail facility,
Conference rooms, between 8:00 a.m. and 5:00 p.m., subject to availability,
Elevators
The Lessee, and its authorized representatives, shall have the right to use, in
common with others, on a non-exclusive basis the following secure or restricted areas
which were ordinarily used by Lessor for operation of the jail prior to commencement of
this Lease:
Men's and women's locker rooms located on the second floor,
Exercise room located on the third floor,
Mail Services located on the second parking level (P-2),
First and second parking levels,
Elevators to first and second parking levels,
Stairwells,
Twelve (12) Parking stalls on the first or second parking levels, on a "first come-
first served" basis,
Access to the Renton Police Department.
JAIL FACILITY LEASE AGREEMENT Page 1 of 11
The Lessee shall use the premises for the purpose of housing and detaining
prisoners of the Lessee, and for all uses consistent therewith and in conformity with
applicable policies, standards and requirements, and shall not use them for any other
purpose without the written consent of the Lessor. This Lease shall also include the
right of the Lessee to use any equipment of the Lessor related to the efficient operation
of the facility for jail purposes, including, but not limited to computers and electronic
equipment, tasers, lockers, personal protective vests, handcuffs, leg-irons, uniforms and
uniform equipment and any other items that were being used by the Lessor for its jail
operations prior to the commencement of this Lease The foregoing equipment are
warranted by Lessor to be in reasonably serviceable condition.
Lessor warrants that the premises are habitable and fit for the intended use and
are in reasonably good repair with no defects which would interfere with or result in
interruption of the use of the premises as a jail. Subject to the foregoing, Lessee accepts
the premises in their "AS IS" condition. Lessee accepts the premises subject to all
applicable federal, state, county and municipal laws, ordinances and regulations
governing and regulating the use of the premises. Subject to the other provisions of this
Lease, this Lease is subject to all such, laws, ordinances and regulations. Lessee
acknowledges that, except as otherwise provided in this Lease, neither Lessor, nor
Lessor's agents have made any representation or warranty as to the suitability of the
premises for the conduct of Lessee's business or use. Except as otherwise provided
herein, Lessor warrants Lessee's right to peaceably and quietly enjoy the premises
without any disturbance from Lessor, or others claiming by or through Lessor.
3. Term: This lease term shall be one year, commencing on the 1St day of
January, 2011 (the "date of commencement").
4. Rent Payments/Utilities: Upon commencement, Lessee agrees to pay to
Lessor at Lessor's address or such other place as Lessor may designate in writing, rent in
the amount of Twelve DOLLARS representing full payment for the one year rental
period. Lessee shall be responsible for payment of all utility bills incurred in connection
with its use of the premises to the extent that utility bills can be segregated out from
the Lessor's utility bills/utility usage for Lessor's premises not leased hereby. If Lessee's
utility bills cannot be segregated out from those of the Lessor, Lessor shall provide
Lessee with a monthly utility billing statement which reasonably calculates Lessee's
share of the total utility bills and Lessee shall pay the same within thirty (30) days of
receipt of such statement.
5. Maintenance and Repairs Alterations and Additions:
5.1 Maintenance and Repairs: The Lessee shall be solely responsible for the
maintaining of the premises and equipment in as good a state of repair as at the
JAIL FACILITY LEASE AGREEMENT Page 2 of 11
commencement of the Lease, returning same to Lessor at the end of this lease in at
least as good condition as presently exists except for normal wear and tear.
5.2 Alterations and Additions: No alterations or additions to the premises shall
be permitted by Lessee without the express written approval of Lessor. Unless Lessor
requires their removal, all alterations, additions, improvements and utility installations
(whether or not such utility installation constitutes trade fixtures of Lessee), which may
be made on the premises, shall at the expiration or earlier termination of the Lease
become the property of Lessor and remain upon and be surrendered with the premises.
Notwithstanding the provisions of this paragraph, personal property, machinery and
equipment purchased and acquired by the Lessee, other than that which is affixed to
the premises so that it cannot be removed without material damage to the premises,
shall remain the property of Lessee and may be removed by Lessee at any time during
the term hereof.
6. Entry by Lessor: Lessor shall have the right at reasonable times, and with
reasonable notice to Lessee in non-emergency situations, to enter the premises to
inspect the same or to show the premises to prospective buyers, tenants or lenders.
7. Liens: Lessee shall keep the premises free from any liens arising out of work
performed, materials furnished or obligations incurred by Lessee and shall indemnify,
hold harmless and defend Lessor from any liens and encumbrances arising out of any
work performed or materials furnished by or at the direction of Lessee.
8. Assignment or Subletting: The Lessee shall not sublet or assign this Lease,
title or any part thereof, without the prior written consent of the Lessor. This Lease
shall not be assignable by operation of law. If consent is once given by the Lessor to the
assignment of this Lease, or any interest therein, the Lessor shall not be barred from
afterward refusing to consent to any further assignment of said premises.
9. Default and.Re-Entry: If the Lessee shall fail to keep and perform any of the
covenants and agreements herein contained, then the Lessor may cancel this Lease if
the failure has not been cured after having given the Lessee thirty (30) days' notice to
cure, and after at least ten (10) days notice to vacate, Lessor shall be entitled to re-enter
said premises in accordance with Washington law.
10. Miscellaneous:
10.1 Entire Agreement: This instrument along with any exhibits and
attachments hereto constitutes the entire agreement of the parties relative to the
premises and this Agreement and the exhibits and attachments may be altered,
amended or revoked only by an instrument in writing signed by both Lessor and Lessee.
JAIL FACILITY LEASE AGREEMENT Page 3 of 11
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Lessor and Lessee agree hereby that all prior or contemporaneous oral agreements
relative to the leasing of the premises are merged in or revoked by this Agreement.
10.2 Severability: If any term or provision of this Lease shall to any extent be
determined by a court of competent jurisdiction to be invalid or unenforceable, the
remainder of this Lease shall not be affected thereby and each term and provision of
this Lease shall be valid and be enforceable to the fullest extent permitted by law.
10.3 Waiver: No covenant, term or condition or the breach thereof shall be
deemed waived, except by written consent of the party against whom the waiver is
claimed and any waiver or the breach of any covenant, term or condition shall not be
deemed to be a waiver of any preceding or succeeding breach of the same or any other
covenant, term or condition. Acceptance by Lessor of any performance by Lessee after
the time the same shall have become due shall not constitute a waiver by Lessor of the
breach or default of any covenant, term or condition unless otherwise expressly agreed
to by Lessor in writing.
. 10.4 Surrender of Premises:The voluntary or other surrender of this Lease by
Lessee, or a mutual cancellation thereof, shall not work a merger and shall, at the option
of the Lessor, terminate all or any existing subleases or subtenancies, or may, at the
option of Lessor, operate as an assignment to it of any or all such subleases or
subtenancies.
10.5 Recording: Lessee shall not record this Lease without the Lessor's prior
written consent and such recordation shall, at the option of Lessor, constitute a non-
curable default of Lessee hereunder. Either party shall, upon request of the other,
execute, acknowledge and deliver to the other a "short form" memorandum of this
Lease for recording purposes.
10.6 Notices: All notices or demands of any kind required or desired to be given
by Lessor or Lessee hereunder shall be in writing and shall be deemed delivered forty-
eight (48) hours after depositing the notice or demand in the United States Mail,
certified or registered, postage prepaid, addressed to the Lessor or Lessee respectively
at the addresses set forth after their signatures at the end of this Lease. All notices or
requests required or permitted under this Lease shall be in writing; shall be personally
delivered, delivered by a reputable express delivery service such as Federal Express or
DHL, or sent by certified mail, return receipt requested, postage prepaid, and shall be
deemed delivered on receipt or refusal. All notices or requests to Lessor shall be sent to
Lessor at Lessor's Address set forth below and all notices or requests to Lessee shall be
sent to Lessee at Lessee's Address set forth below.
JAIL FACILITY LEASE AGREEMENT Page 4 of 11
10.7 Dispute Resolution. As a condition precedent to any litigation, the parties
shall submit any dispute between them to non-binding mediation with the assistance of
a mediator who shall be experienced in the subject matter of the dispute. The parties
shall each designate a representative with settlement authority who will participate in
the mediation. The mediator's fee shall be divided equally between the parties.
10.8 Hazardous Materials: Lessee shall not cause or permit any hazardous
substances as defined below to be brought upon, kept or used in or about the premises
by Lessee, their agents, employees, contractors or invitees. Lessee shall comply with all
federal, state and local laws ordinances, codes, regulations, orders and decrees as they
now exist, or are hereafter amended, including all policies, interpretations, guidelines,
directions or recommendations relating to industrial hygiene, environmental protection
or the use, analysis, generation, manufacture, storage, presence, release, disposal or
transportation of any petroleum products, flammable, explosives, asbestos, urea
formaldehyde, polychlorinated biphenyls, radioactive materials or waste, or other
hazardous, toxic, contaminating or polluting materials, substances or wastes, including
any materials defined as "hazardous substances", "hazardous wastes", "hazardous
materials", or "toxic substances" (collectively, "Hazardous Materials") under any such
Hazardous Materials Laws and amendments thereto.
Lessee shall defend (with counsel reasonably acceptable to Lessor) and
indemnify Lessor and Lessor's officers, directors, partners, managers, members,
employees, agents, successors and assigns against any and all claims, liabilities,
damages, costs, penalties, forfeitures, losses, obligations, investigation costs,
remediation and removal costs, natural resource damages and expenses, including
attorney's fees, arising in whole or in part, directly or indirectly, from (a)the presence or
release of Hazardous materials in, on, under, upon or from the premises as a result of
acts or omissions of Lessee or their employees, agents or invitees; (b)the transportation
or disposal of Hazardous Materials to or from the premises by, at the request of or with
the permission of Lessee, its employees, agents, or invitees; (c) the violation of any
Hazardous Materials Laws by Lessee, their employees or agents; (d) the failure of
Lessee, their employees or agents to comply with the terms of this Section 10.7; or (e)
the use, storage, generation or disposal of Hazardous Materials in, on or about the
premises. The respective rights and obligations of Lessor and Lessee under this Section
10.7 shall survive the expiration of earlier termination of this Lease.
10.9 Lessee's Indemnification and Hold Harmless: Lessee shall defend (using
legal counsel reasonably acceptable to Lessor) indemnify, and hold Lessor, their agents,
employees, and elected officials harmless from any and all claims, expenses, including
attorneys fees, or damages by any reason of or arising out of the negligent act or
omission of the Lessee their agents, customers (including prisoners), employees,
contractors, subtenants or assignees or any of them relating to or arising out of the
JAIL FACILITY LEASE AGREEMENT Page 5 of 11
performance of this Agreement, except for the damages caused by the negligence of the
Lessor. The provisions of this Section shall survive expiration or termination of this
Lease and shall include all claims against Lessor by any employee or former employee of
Lessee. Lessor and Lessee have specifically negotiated and Lessee specifically waives
any provisions of any industrial insurance act, including Title 51 of the Revised Code of
Washington, or any other employee benefit act which might otherwise operate to
release or immunize Lessee from their obligations under this Section.
10.10 Lessor's Indemnification and Hold Harmless: Lessor shall defend (using
legal counsel reasonable acceptable to Lessee), indemnify and hold Lessee, their agents,
and employees, harmless from any and all claims, expenses, including attorneys fees, or
damages by any reason of or arising out of the negligent act or omission of the Lessor
their agents, customers (including prisoners), employees, contractors, subtenants or
assignees or any of them relating to or arising out of the performance of this
Agreement, except for the damages caused by the negligence of the Lessee. The
provisions of this Section shall survive expiration or termination of this Lease and shall
include all claims against Lessee by any employee or former employee of Lessor. Lessee
and Lessor have specifically negotiated and Lessor specifically waives any provisions of
any industrial insurance act, including Title 51 of the Revised Code of Washington, or
any other employee benefit act which might otherwise operate to release or immunize
Lessor from their obligations under this Section.
10.11 Attorney's Fees and Costs: Upon any litigation or other proceeding
between the parties hereto, declaratory or otherwise, arising out of this Lease, the
prevailing party shall recover from the non-prevailing party all costs, damages, and
expenses, including reasonable attorneys and costs expended or incurred in connection
therewith (collectively "Attorneys' Fees").
10.12 Binding Effect: The covenants and agreements of this Lease and/or any
extension thereof, shall be binding upon the successors and assigns of all parties herein
except as hereinabove provided.
10.13 Time: Time is of the essence of this Lease.
10.14 Signs: Lessee may, at its sole cost, erect signs upon the premises provided
that such sign or signs (a) do not cause any structural or other damage to the building;
(b) do not violate applicable governmental laws, ordinances, rules or regulations; (c) do
not violate any existing restrictions affecting the premises; and (d) are approved in
advance by Lessor.
10.15 Governing Law: This Lease shall be governed by and its terms and
conditions construed in accordance with the laws of the State of Washington.
JAIL FACILITY LEASE AGREEMENT Page 6 of 11
.
10.16 Insurance. The Lessee shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the Lessee's operation and use of the leased
Premises.
Lessee's maintenance of insurance as required by the agreement shall not be
construed to limit the liability of the Lessee to the coverage provided by such insurance,
or otherwise limit the City's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance
Lessee shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 or WCIA equivalent coverage and shall cover premises and contractual
liability. Lessee will provide an "Evidence of Coverage" letter confirming contractual
liability coverage as required in this lease.
2. Property insurance shall be written on an all risk basis.
Lessee shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
2. Property insurance shall be written covering the full value of Lessee's
property and improvements with no coinsurance provisions.
B. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Commercial General Liability insurance:
1. The Lessee's insurance coverage shall be primary insurance as respect the
Lessor. Any insurance, self-insurance, or insurance pool coverage maintained by the
Lessor shall be excess of the Lessee's insurance and shall not contribute with it.
2. The Lessee's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the Lessor.
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C. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less
than A:VII.
D. Verification of Coverage
Lessee shall furnish the Lessor with original certificates and a copy of the
amendatory endorsements, evidencing the insurance requirements of the Lessee.
E. Waiver of Subrogation
Lessee and Lessor hereby release and discharge each other from all claims,
losses and liabilities arising from or caused by any hazard covered by property insurance
on or in connection with the premises or said building. This release shall apply only to
the extent that such claim, loss or liability is covered by insurance.
F. Lessor's Property Insurance
Lessor shall purchase and maintain during the term of the lease all-risk property
insurance covering the Building for their full replacement value without any coinsurance
provisions.
JAIL FACILITY LEASE AGREEMENT Page 8 of 11
`'""e
EXECUTED by the parties on the date and year first above written.
LESSOR:
City of Renton, Washington, ATTEST:
a Wash'Mn Municipal Co poration.
Lti a By: Bonnie Walton 1-11jZ40/o
BY: Denis Law Its: Renton City Clerk
Its: Mayor
w
r
a
LESSEE: `.�
South Correctional Entity,
a Governmental Administrative Agency ATTEST:
BY:
Its: -I&I In QWcey, By: Michele Neumann
Its: Executive Assistant
JAIL FACILITY LEASE AGREEMENT Page 9 of 11
STATE OF WASHINGTON )
ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Denis Law and Bonnie I. Walton
are the persons who appeared before me, and said persons acknowledged that he/she
signed this instrument and on oath stated that he/she was authorized to execute the
instrument as the Mayor and City Clerk of the City of Renton, and acknowledged it to be
the free and voluntary act of the City of Renton, Lessor herein, for the uses and
purposes mentioned in the instrument.
Dated ( �I,l,\A R:A4 y- _
U 0���oY
. N� \
:� ♦ G : Z� '
PUBS-d ry Public in' and ° o the -Mate of
;_sj••., 8-2'f;.jXshington residing at
+�gTE•pI•W N�i&y appointment expires 7 ,ILI
STATE OF WASHINGTON )
ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
and Michele Neumann are the persons who appeared before me, and said ersons
acknowledged that he/she signed this instrument and.on oath stated that he/she was
authorized to execute the instrument as the 7�j\--y- C1 � �'( 'I
of the Administrative Board and the Executive Assistant of the Solith Correctional Entity,
and acknowledged it to be the free and voluntary act of the South Correctional Entity
("SCORE"), Lessee herein, for the uses and purposes mentioned in the instrument..
Dated ;L.-C l(IAU� 15) 1CAI"
5A S. Q'���ii
5
l Notary Public in and for the Ate of
4P Washington residing at
My appointment expires C:•
JAIL FACILITY LEASE AGREEMENT Page 10 of 11
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