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HomeMy WebLinkAboutR-1993-093 Property / LeaseRESOLUTION NO. R-93- 93 A RESOLUTION authorizing the execution of a Lease Agreement for continued rental of space at 1103 South 24th Avenue, Yakima, Washington. WHEREAS, the Ciry of Yakima and J.K.T.S. investments desire to continue the City's rental of space at the above -given location for the City's cable television communications operations; and the City Council of the City of Yakima deems it to be in the best interests of the City that such an arrangement be carried out according to the provisions, terms, and conditions of the attached Lease Agreement and that it is in the best interest of the City that the attached Lease be executed, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute a lPase Agreement with J.K.T.S. Investments for the purpose mentioned above, a copy of which is attached and incorporated. ADOPTED BY THE CITY COUNCIL this 7th day of September , 1993. Q4) - ATTEST. Mayor ).4jfl City Clerk asIvils/Jrrs Invouts.se LEASE AGREEMENT THIS LEASE AGREEMENT made and executed this 1 -day of 1993, by and between J.K.T.S. Investments, a partnership, hereinafter called "Lessor," and the City of Yakima, Washington, a municipal corporation, hereinafter called "City," WITNFSSETH: Lessor does hereby lease and let to the City, and the City does hereby take from the Lessor, the following described premises at 1103 South 24th Avenue, Yakima, Yakima County, Washington, legally described as follows: The North half of the following described property situate in Yakima County, State of Washington, to -wit: The North 242.8 feet of the West 280.5 feet of the Northwest quarter of the Southeast quarter of Section 26, Township 13 North, Range 18, E.W.M., EXCEPT the North 158 feet thereof, and EXCEPT the East 93.5 feet thereof, and EXCEPT the West 28.5 feet thereof conveyed for road, which property is also known as 1103 South 24th Avenue, Yakima, Washington, TOGETHER WITH the right to use jointly with the other tenants of the remaining portion of said property the present existing parking and the ingress and egress. all in accordance with the following provisions, terms, and conditions: 1. TERM A. Initial Term. The initial term of the tenancy shall commence at the time the leased premises are accepted by the City as ready for occupancy after remodeling of the premises as provided by paragraph 9 of this Agreement, which initial term shall expire at midnight on August 31, 1996; provided, this Agreement may be cancelled and the tenancy terminated by the City any time after August 31, 1995 by the City giving written notice to Lessor of immediate termination, accompanied by payment to the Lessor of an amount equal to 5 months' rental at the rental rate applicable at the time of giving the notice. B. Option To Renew. The City is hereby granted the right and option to renew this Agreement and the term of the tenancy for one additional term, which shall commence on September 1, 1996, and terminate on August 31, 1999. In the event the City desires to exercise the option hereby granted, the City shall give ninety (90) days written notice to the Lessor. During the additional optional term, the parties and the tenancy shall be governed by the provisions, terms, and conditions of this Agreement, including the payment of rental in amounts specified in paragraph 2 hereof, unless changed by mutual consent of the parties. Page 1 of 6 (1s)agr/JKTS Invstmts sc 2. RENT A. initial Term. The City agrees to pay rental for the leased premises in the amount of one thousand, two hundred, seventy-five dollars ($1,275.00) per month (with the rental for the first partial month to be prorated in the event the term commences on a date other than the first day of a month) through the month of August, 1996. B. Optional term. In the event the term of tenancy is extended as provided by paragraph 1. B of this agreement, the rental for that extended term shall be as follows: The Consumer Price Index (CPI) percentage increase from September 1, 1993, through August 31, 1996, will be calculated and that same percentage increase will be applied to the monthly base lease amount of one thousand, two hundred, seventy-five dollars ($1,275) to calculate the new monthly lease amount, commencing on September 1, 1996. On the anniversary of the lease each year afterward, for the duration of the lease, the CPI percentage increase will be calculated from September 1 of the previous year through August 31 of the current year and that same percentage increase will be applied to the current monthly lease amount to calculate the monthly lease for the year spanning from September 1 of the current year through August 31 of the coming year. The Consumer Price Index as referred to herein is defined as follows: The Consumer Price Index published by the Bureau of Labor Statistics of the U.S. Department of Labor for All Urban Consumers (CPI -U), U.S. City Average for All Items, with a reference base period of 1982-84-100 (Index) for the month of December immediately preceding the September 1st adjustment, and the denominator of which shall be the same Index published for the month of December of the year set forth in this section. In no event shall the monthly rent be reduced. Changes to Index: If the U.S. Government ceases to publish the Index on a 1982-84-100 reference base period, the Index shall be converted to the currently published standard reference base period in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the Index is discontinued or revised during the term, such other governmental index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. If a correction is made to previously published Index data, the corrected data shall be used prospectively. C. payment. Rent shall be paid in advance no later than the 10th day of each month for that current month (with rent for the first partial month to be paid at the time the City assumes occupancy of the leased premises), with payment to be made to the Lessor at the address designated in paragraph 15 of this Agreement, or at such other address as Lessor may direct from time to time by written notice to the City. Page 2 of 6 (1s)agr/JKTS Invstmts.sc 3. PURPOSE The City will occupy and use the leased premises as the City's cable communications office and as a site for the City's community television facilities, and for purposes related thereto. 4. ASSI N NT AND SUR .PTTING This lease shall not be assigned nor shall the leased premises, or any portion thereof, be sublet without the prior written consent of the Lessor. The Lessor will exercise all reasonable efforts to re -lease said premises should the City no longer require the premises during the term of the lease. 5. UTILITIES The City shall pay all utility charges incurred for utility service to the leased premises. 6. MAINTENANCE A. City Responsibilities. The City shall, at its own expense, maintain the interior of the leased premises in good condition and repair, and shall maintain and repair all window glass and light fixtures on the leased premises. The City shall maintain all driveways and parking spaces, and keep the same free from snow and other debris. The City shall be responsible for routine maintenance of the heating, wiring, and plumbing systems, however, the Lessor shall be responsible for any major repairs or replacements thereof, unless necessitated by actions of the City. B. Lessor Responsibilities. The Lessor, at its own expense, shall keep and maintain the exterior of the building, including the roof, walls, and foundations of the buildings on the leased premises, and shall further make all structural repairs required to the interior of the premises. The Lessor further agrees to assume all risk of loss by fire or other casualty to the leased premises, but not to the contents thereof or any of the property of the City. 7. HOLD HARMLESS The City agrees to defend and hold harmless the Lessor from any claim or liability resulting from the City's occupancy or use of the leased premises, except for claims or liability based on the failure of the Lessor to maintain the leased premises to the extent required by paragraph 6 of this Agreement. 8. DAMAGE TO OR DESTRUCTION OF PREMISES In the event the leased premises are damaged by fire, flood or other disaster so as to be rendered temporarily untenantable, the Lessor shall repair the premises and this Agreement and tenancy shall not be affected except that the City shall not be liable for rental pending the completion of the repair work. In the event the leased premises are totally destroyed or damaged to the extent that they are permanently unfit for occupancy in the sole judgment of the Lessor, or in the event governmental regulations prevent rebuilding, then this Agreement and the tenancy shall immediately terminate. Page 3 of 6 (is)agr/JKTS Invstmts.sc 9. ALTERATIONS The City shall make no alterations or additions to the leased premises without first obtaining the written consent of the Lessor, and all such alterations or additions shall be made at the expense of the City. All such additions or alterations to the leased premises shall be deemed to constitute real estate and shall not be removed from the premises without the consent of the Lessor; provided, personal property, trade fixtures, and equipment owned by the City and installed on the leased premises shall remain property of the City. 10. COMPLIANCE WITH LAW The City shall comply with all laws, municipal ordinances, and other regulations affecting the leased premises and will conduct no business thereon which is contrary to law. 11. ACCESS The Lessor reserves the right of access to the leased premises at reasonable times for the purpose of inspecting the same. 12. NON -WAIVER OF BREACH Any waiver, either expressed or implied, by the Lessor of any breach by the City for any of the covenants of this Agreement shall not constitute a waiver of any subsequent breach of the same or any other covenant of this Agreement. Should either party be required to bring suit to enforce this Agreement, or for its breach, the prevailing party shall recover a reasonable attorney's fee as a part of the costs of the action. 13. DAMAGE WAIVER Neither the Lessor nor the City shall be liable to the other for damage to the property of the other which results from direct loss by fire, lightening, wind, storm, hail, explosion, riots attending a strike, civil commotion, aircraft, vehicles, and smoke or ordinary damage caused by removal of the property from the premises endangered by such perils as such perils are defined and limited in the Lessor's and the City's insurance policies then in force, if any, even though such resulting damage may be due to the act or negligence of the parties, their officers, employees, or agents. 14. DEFAULT AND RE-ENTRY Time is of the essence of this Agreement, and in the event the City fails or neglects to make any payment or to perform any covenant required by this Agreement, the Lessor may, upon fifteen (15) days written notice to the City, re-enter the leased premises and remove the City or any person claiming under or through the City from the leased premises and relet the same, or any part thereof, at such rental and upon such terms and conditions as Lessor may deem proper, and apply the proceeds thereof, less the expense incurred in the renting of the premises, on the amount due from the City hereunder; and the City shall be liable for any deficiency. If Lessor takes possession of the Page 4 of 6 (is)agr/JKTS Invstmts. sc premises and relets the same, such reletting shall not operate as a termination of this Agreement unless the Lessor so elects. The City shall, during the fifteen (15) day period, have the right to correct any default and thereby reinstate itself under this Agreement. After the expiration of the fifteen (15) day period without correction, the City shall have no right of re-entry or repossession of the premises. As one of the conditions of reinstatement, the City shall pay all costs and expenses made necessary by the giving of the notice. Such notice, if uncomplied with, shall authorize the maintenance of an action for unlawful detainer by the Lessor. All of the foregoing remedies are cumulative and are given without impairing any other rights or remedies of the Lessor. 15. NOTICE All notices required or given pursuant to this Agreement shall be mailed by registered or certified mail, or shall be personally served. If notice is mailed, it shall not be effective until the date of receipt. Notice to the Lessor shall be mailed or delivered to 300 South 76th Avenue, #28, Yakima, Washington 98908, or to such other address as the Lessor may designate in writing from time to time. Notices to the City shall be addressed to or served on a City representative at the address of the leased premises. EXECUTED AT YAKIMA, WASHINGTON, the day and year first above written. CITY OF YAKIMA J.K.T.S. INVESTMENTS By: `--'„,-_ By: Richard A. Zais, Jr. Its: City Manager ATTEST: City Clerk STATE OF WASHINGTON :ss. County of Yakima ; On this is- day of%', 1993, before me personally appeared Richard A. Zais, Jr., Rwn to me to be the City Manager of the City of Yakima, the municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said Page 5 of 6 (is)agr/JKTS Invstmts.sc instrument and that the corporation. WITNESS my hand written. STATE OF WASHINGTON County of Yakima seal affixed thereto is the corporate seal of said and official seal affixed the day and year first above :ss. es NOTARY PUBLIC in and for th St 'te of Washington, residing at���, . My commission expires/ /2c/QS/ . 7)14' �� On this % day of &---c-6:-i%L , 1993, before me personally appeared ,%l? 'C:/'TH `fpr l'L'JC-z , known to me to be the partner of J.K.T.S. Investments, the partnership that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal affixed the day and year first above written. ..e_ _ //<;/-6d NOTARY PU$LIC in and fort e State of Washington, residing at ,VL _Lel,/\ _ . My commission expires: /c)--.C-‘41--ii > . 6 hoy_b Page 6 of 6 (1s)agr/JKTS Invstmts.sc BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of Nov. 9. 1993 ITEM TITLE: Short-term Extension of Current Cable Franchise Ordinance agreement with TCI of Yakima Valley, Inc. SUBMITTED BY: Glenn J. Valenzuela, Director of Community & Economic CONTACT PERSON/TELEPHONE: Wendy Warren, Cable Communicati 575-6092 SUMMARY EXPLANATION: ger/ The City has been engaged in the procedures and negotiations surrounding renewal of the cable television franchise for the past three years. While negotiations have progressed rapidly and relatively smoothly, final details cannot be completed prior to the expiration of the current cable television franchise. In order to finalize the negotiations, prepare the new franchise ordinance for public comment and Council consideration, and provide for the required 30 days between the ordinance's adoption date and effective date, an extension through January 31, 1994, is requested. Assistant City Attorney Sharon Carberry has provided the attached ordinance for Council consideration. Resolution _ Ordinance X Contract _ Other (Specify) Funding Source APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff recommends adoption of ordinance BOARD RECOMMENDATION: COUNCIL ACTION: Ordinance No. 93-100.