HomeMy WebLinkAboutLease ALAG-13-002
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LEASE AGREEMENT
BETWEEN THE CITY OF RENTON AND
RENTON ECUMENICAL ASSOCIATION OF CHURCHES.
This Agreement is made and entered into this day of January, 2013, (the
"Effective Date") by and between the City of Renton ("Renton"), a noncharter code city under
RCW 35A, and a municipal corporation under the laws of the State of Washington, and Renton
Ecumenical Association of Churches (REACH), a State of Washington nonprofit corporation.
I. RECITALS
A. Through the efforts of their representatives, Renton and REACH have agreed to
assist homeless women and children by providing a safe, stable, and dignified daytime shelter
in the City of Renton. This segment of Renton's community has a substantial need for daytime
shelter to help them move toward sustainable long-term housing and support.
B. Renton and REACH have expressed their mutual desire to partner with one
another to provide a daytime shelter where homeless women and children can access services
and resources, including basic survival needs such as breakfast, lunch, showers and laundry
facilities.
NOW THEREFORE, in consideration of the terms and provisions contained in this
AGREEMENT, Renton and REACH agree as follows:
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II.AGREEMENT
1. LEASE: Subject to the terms and conditions herein, Renton authorizes REACH to
use and occupy the "A"wing of the former City of Renton jail located at 1055 South Grady Way,
Renton, Washington 98057 and described in Exhibit "A". Exhibit A is attached to this Agreement
and incorporated by reference and made part of this Agreement.
2. CONDITIONS OF USE: REACH understands and expressly accepts the "A" wing of
the former City of Renton jail in an "as-is" condition, and any and all responsibility that comes
with that understanding. Renton expressly disclaims any representations regarding the
condition of the real property for REACH intended use and purpose.
3. PERMITTED USE: REACH shall use the "A" wing of the former City of Renton jail
for the creation of and use as a women's and children's daytime shelter.
4. TERM: This Lease shall be for an initial term of three (3) years from the date of
execution, unless otherwise terminated pursuant to Section 8 (Termination) of this Agreement.
After the initial three-year (3) term of this Lease the parties may mutually agree to extend the
lease for additional one-year (1) terms, unless notice of termination is given by Renton or
REACH, pursuant to Section 8(Termination) of this Lease.
5. PENT: REACH shall pay to Renton one dollar ($1.00) per year as consideration for
the use and occupancy of the "A" wing of the former City of Renton Jail. The initial yearly
payment is due upon execution of the lease. Each subsequent yearly payment shall be made at
or before the start of each subsequent year. Payments shall be made to:
City of Renton
Attn: Dianne Utecht, Human Services
1055 S. Grady Way,Sixth Floor
Renton, WA, 98057
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6. LEASEHOLD EXCISE TAX: REACH shall be responsible for paying the Washington
State Leasehold Excise Tax, should REACH fail to provide proof to Renton of an applicable state
approved leasehold excise tax exemption or exclusion.
7. DUTIES OF REACH:
REACH agrees to use the "A"wing of the former City of Renton jail as follows:
(1) Run the REACH Center of Hope Day Center. The Center will
provide basic survival needs such as breakfast and lunch, showers and
laundry facilities. It will also provide resources for vocational, financial
and emotional needs including telephone and internet access, discussion
groups,'counseling, classes, and on-site services to help the clients move
toward stable long-term housing.
(2) Run the REACH Center of Hope Day Center according to the
following general schedule:
• Monday through Friday from 8 a.m. — 5 p.m. except for City
Holidays
0 On site supervisions of volunteers will be provided by the Daily
Lead. Daily Leads will serve in two shifts, 7:30 a.m. — 12 noon,
and 12:00 noon to 5 p.m.
• Clients will not be admitted before 8 a.m. or after 4 p.m.
• The Center will not stay open past 5 p.m.
(3) REACH will have at least two (2) volunteers on site at any time the
shelter is open. One volunteer will always be present at the REACH
Center of Hope front desk during operating hours. Volunteers will be
contacted by the City Hall lobby desk when a client arrives and REACH
staff or volunteers will escort that client to the Day Center.
(4) REACH will convert the "A" wing to serve REACH's needs. As a part
of the demolition/construction project, REACH shall:
Be solely responsible for the cost of all renovations.
• Be responsible for the cost of providing and installing an
appropriate security system card reader.
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• Act as project manager for the demolition/construction project.
REACH may use qualified volunteers to do the work as long as the
volunteers are licensed, bonded, and insured for any masonry,
electrical, plumbing or demolition work.
• Submit the names of any contractors doing masonry, electrical,
plumbing or demolition work to Mr. Michael Nolan, the facilities
coordinator, for approval of credentials prior to them doing any
work on the site.
• Be solely responsible for the supervision, management, and
insurance of all volunteers.
• Obtain all improvement, building, electrical and/or any other
required permits and pay the required permit fees.
(5) REACH certifies that either the REACH Center of Hope chair, Linda
Smith, or the REACH Chair, Maggie Breen, are legally authorized to sign
this AGREEMENT.
(6) REACH will be solely responsible for all required repairs, and
maintenance other than structural or roof repairs or repairs to building
mechanical, electrical, or plumbing systems.
(7) REACH will be solely responsible for all daytime shelter internet
access service, charges, expenses, and/or bills.
(8) REACH will be solely responsible for its custodial services and
trash disposal. Renton will allow them access to designated city
dumpsters, as long as practicable.
8. COMPLIANCE WITH LAWS: REACH shall not use or permit its facilities or any part
thereof to be used for any purpose in violation of any local, state or federal law or regulation.
9. DUTIES OF CITY: Renton shall be responsible for maintenance and repairs (i.e.
building mechanical systems, foundation, structural problems) that are not the result of abuse,
waste or neglect of REACH.
Additionally, Renton agrees as follows:
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(1) Renton will rent the "A" wing of the former City of Renton jail for
a period of three (3) years for use as the REACH Center of Hope daytime
center.
(2) Renton will provide access cards for the staff and volunteers
designated by REACH after the installation of a security card reader.
(3) Renton will relocate the walk-in freezer to a location outside of
the rental space, at no cost to REACH. This will be done prior to
construction of the masonry wall. Relocation will occur in a timely
manner that will not delay demolition/construction.
(4) Renton will designate a staff person (facilities coordinator) as the
contact to coordinate access, construction keys, and respond to
questions during the construction period.
(5) If REACH can find a licensed and bonded contractor to complete
the demolition for the cost of the scrap metal, the City waives any claim
to the value of the metal.
(6) Renton has provided the services of the facilities coordinator to
provide architectural design services and obtaining a contractor's
preliminary estimate based on the design, and will aid in producing
construction drawings for the building permit application. A 15-20%
contingency fee should be added to the estimate to cover any
contingencies or changes in scope.
(7) Renton will allow REACH and its contractors access to the building
as mutually agreed upon by City and REACH, provided that until the
masonry wall and security card reader are installed, only licensed and
bonded contractors will have access to the "A" wing of the former City of
Renton jail. Access will be from 8 a.m. to 5 p.m., Monday through Friday.
After the wall and card reader installations are complete, access to the
"A" wing of the former City of Renton jail will be allowed at any time
during the construction period.
10. TERMINATION:
A. Voluntary by REACH: REACH may terminate this Lease, by giving Renton
sixty (60) calendar days notice of its intent to terminate the Lease at any time
before the expiration of the initial three-year(3)term, or any extended term.
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B. Voluntary by Renton: Renton may terminate this Lease by the giving of
sixty (60) calendar days notice of its intent to terminate the Lease at any time
before the expiration of the initial three-year(3)term, or any extended term.
11. RIGHT OF INSPECTION. REACH will allow Renton, or Renton's agent, free access at
all reasonable times to the premises to inspect, or to make repairs, additions or alterations to the
premises, or any property owned by or under the control of the City of Renton. Renton will give
REACH notice at least twenty-four(24) hours before entering the property.
12. INDEMNIFICATION: To the fullest extent allowed by law, REACH shall indemnify,
defend and save Renton, Renton's elected officials, officers, agents, employees and contractors
from all claims, suits, losses, damages, fines, penalties, liabilities and expenses (including
Renton's actual and reasonable personnel and overhead costs and attorneys' fees, litigation
costs and fees, and other costs incurred in connection with claims, regardless of whether such
claims involve litigation) resulting from any actual or alleged injury (including death) of any
person or from any actual or alleged loss of or damage to, any property to the extent arising
out of or in connection with (i) REACH's use of the specified real property or (ii) REACH's breach
of its obligations hereunder. REACH agrees that the foregoing indemnity specifically covers
actions brought by its own employees, volunteers, trainees, guest, invitees or those there
under the supervision or permission of REACH. In the event of concurrent negligence between
REACH and Renton, each party is liable to the extent of its negligence.
13. The foregoing indemnity is specifically and expressly intended to, constitute a
waiver of REACH's immunity under Washington's Industrial Insurance Act, RCW Title 51, to the
extent necessary to provide Renton with a full and complete indemnity from claims made by
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REACH and its employees, to the extent of their negligence. REACH shall promptly notify
Renton of casualties or accidents occurring in or about the specified real property identified in
Exhibit A. RENTON AND REACH ACKNOWLEDGE THAT THEY SPECIFICALLY NEGOTIATED AND
AGREED UPON THE INDEMNIFICATION PROVISIONS OF THIS AGREEMENT.
14. INSURANCE: REACH shall maintain to commercial general liability insurance
applicable to the operations of the tenant in the amount of not less than one million dollars
($1,000,000.00) per occurrence,two million dollars ($2,000,000) aggregate, naming Renton as a
Primary and Non-Contributory Additional Insured on the policy for any damages, claims, cause
of action or other actions caused by the use of the property Tenant shall provide and maintain
proof of insurance with a certificate naming the City of Renton as a certificate holder and being
mailed to:
City of Renton
Attn: Dianne Utecht Human Services
1055 S. Grady Way, Sixth Floor
Renton, WA, 98057
15. PARKING: REACH and its clients will be allowed to park in the City's lower lot
with any overflow parking at Sam's Club as shown on the attached Exhibit B. Exhibit B is
attached to this Agreement and incorporated by reference and made part of this Agreement.
16. ASSIGNMENT AND SUBLETTING: REACH shall not sublet or encumber the whole
or any part of the real property specified in Exhibit A.
17. MODIFICATION OR AMENDMENT: This Agreement may be modified or amended
at any time by mutual written agreement between the parties.
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18. ATTORNEYS' FEES: If either party retains the services of an attorney in
connection with enforcing the terms of this Agreement, each party agrees to bear its own
attorneys'fees and costs.
19. AUTHORITY AND LIABILITY: Renton Ecumenical Association of Churches has the
requisite power and authority to enter into this Agreement and perform its obligations
hereunder.
20. FORCE MAJEURE: Neither party shall be liable for any failure of performance
(including any delay in restoration of service) hereunder due to causes beyond its reasonable
control including any, but not limited to, Acts of God, earthquake, flood, volcanic eruption, fire,
explosion, vandalism, storm, or other similar catastrophes; any law, order, regulation, direction,
decision, action or request of the United States government or the State of Washington;
insurrection; riots or other civil disturbances; or wars.
21. HEADINGS: The section headings used in this Agreement are used for purposes
of convenience and do not alter in any manner the content of the sections.
22. EFFECTIVE DATE: This Agreement shall become effective on the date (the
"Effective Date") on which this Agreement is executed by Renton and Renton Ecumenical
Association of Churches.
23. ENTIRE AGREEMENT: This Agreement and the exhibits attached hereto which
are fully and completely incorporated by reference, set forth the entire agreement of Renton
and Renton Ecumenical Association of Churches concerning Renton Ecumenical Association of
Churches' use of the specified real property in Exhibit A, and there are no other agreements or
understanding, oral or written, between the parties concerning this use. Any subsequent
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88209-0001/LEGAL25502148.1.
modification or amendment of this Agreement shall be binding upon Renton and Renton
Ecumenical Association of Churches only if reduced to writing and signed by both parties.
24. CHOICE OF LAW AND VENUE: This Agreement shall be governed by, and
construed in accordance with the laws of the State of Washington. Any action that may arise
from this Agreement shall be in King County, Washington.
25. DISPUTE RESOLUTION: In the event that one party to this Agreement believes
the other party has materially breached any term of this agreement, the non-offending party
shall notify the other party in writing with specific details regarding the exact nature of the
alleged breach. The offending party shall have the opportunity to respond to the accusation or
cure the alleged breach within 30 calendar days following the receipt of the notice. If the
offending party contests any part of the alleged breach set forth in the notice, the parties shall
meet to discuss the dispute or submit the matter to mediation administered by the American
Arbitration Association under its Commercial Mediation Procedures. The parties shall have 60
calendar days after delivery of the initial notice of breach to resolve the dispute and in the
event that resolution is unsuccessful, the parties may then take any action and be afforded any
remedies as allowed under law.
26. NEGOTIATED AGREEMENT: The parties to this agreement acknowledge that it is
a negotiated agreement, that they have had the opportunity to have the Agreement reviewed
by their respective legal counsel, and that the terms and conditions of the Agreement are not
to be construed against any party on the basis of such party's draftsmanship thereof.
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IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and
'year indicated below.
CITY OF RENTON: RENTON ECUMENICAL ASSOCIATION OF
CHURCHES:
By: V By: lti
Denis Law Maggie Br e
City of Renton REACH
Mayor Chairperson
APPROVED AS TO FORM: APPROVED AS TO FORM:
Lawrence J. Warren
Renton City Attorney
Date D e
Attest:
4ft a
Bonnie I . Walton, City Clerk
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88209-0001/LEGAL25502148.1
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
I, Denis Law , am the Mayor of the City of Renton, being first duly
sworn, upon oath, deposes and states I have read the within and foregoing and believe the
same to be true and correct to the best of my knowledge.
D efri-is .'-L'a'w, ayor
SUBSCRIBED AND SWORN to before 1e this D 'a of 2013.
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I,— d(ter C 7?>�Ge k�, am the Chairperson of REACH, being first duly sworn,
upon oath, deposes nd states I have read the within and foregoing and believe the same to be
true and correct to the best of my knowledge.
a� W art !�
[Name] OU
SUBSCRIBED AND SWORN to before me this day of . 2013.
NOTARY UBLIC in a or the State of
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