HomeMy WebLinkAboutR-1991-D5990 911•
RESOLUTION NO. D 5990
A RESOLUTION authorizing the execution of a lease agreement
regarding Fire Station No. 1, for 911 services,
with the County of Yakima.
WHEREAS, the City of Yakima and the County of Yakima
desire to arrange for the lease of space in Fire Station No. I
for the County's provision of 911 services; 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 agreement and that it is in the best interest of the
City that the attached agreement document 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 lease agreement
with the County of Yakima for the purpose mentioned above, a
true copy of which agreement, entitled "City of Yakima Fire
Station No. 1 Lease Agreement," is attached hereto and by
reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this L3 day o
1991.
ATTEST:
,544
City Clerk
(res/lkout.sc)
Mayor
-
CITY OF YAKIMA
FIRE STATION NO. 1
LEASE AGREEMENT
A
FILEP flY
SEP 1Z 10 21 All '91
; f
E LEASE AGREEMENT is entered into this I day of
1991 between City of Yakima, a municipal corpora-
__
tior ("Lessor") and County of Yakima, Washington ("Lessee").
WHEREAS, Lessee has established a Department of Communications
to provide all public safety answering point services to the public
in Yakima County; and
WHEREAS, Lessee desires to use certain space in City of Yakima
Fire Station No. 1, and Lessor is willing to permit such use on the
terms and conditions set forth herein;
NOW, THEREFORE, for good and valuable consideration, the
parties agree as follows:
1. Premises and Use. Subject to the following terms and
conditions, Lessor leases to Lessee use of a portion of the real
property comprised of a total of one thousand eight hundred
seventy-one (1,871) square feet in the basement of City of Yakima
Fire Station No. 1, as shown in Exhibit A attached hereto. Parking
spaces are not provided under this lease. Lessee's use of the
premises shall be consistent with joint use by City of Yakima Fire
Department personnel. Lessee's use of the premises shall be limi-
ted to use as a communications site only. Lessee will obtain at
Lessee's expense, all licenses and permits required for such use of
the premises.
2. Term. The term of this lease shall commence on the date
on which this lease is executed and shall extend up to and in-
cluding August 31, 1994.
3. Rent.
a. Upon the commencement date, Lessee shall pay Lessor, as
rent the sum of Six Hundred Dollars ($600.00) per month ("Rent").
Rent shall be payable in advance - - on the first day of each
. month during which Lessee occupies the premises or any
portion thereof.
b. Rent does not include any amount owing to third parties
for services related to telephones or other communications equip-
ment operated or owned by Lessee. Lessee remains wholly responsi-
ble for the prompt payment of any such billing and shall instruct
any third -party providers to directly bill Lessee.
c. Any services rendered by Lessor's personnel upon the
request of the director of Department of Communications, obligates
the Lessee to pay within thirty (30) days of billing by Lessor, the
Page 1 of 5
(agr/lkout.sc)
amount determined by Lessor to be equivalent to the cost per hour
of Lessor's employment of the employee rendering such service.
4. Interference.
a. Lessee shall not use any portion of Lessor's properties
in any way which interferes with the operations of Lessor, its
tenants, licensees, invitees or agents. Such interference shall be
deemed a material breach, from which Lessor shall have the right to
terminate said interference immediately and to terminate Lessee's
occupancy and lease of the premises upon ten (10) days' notice to
Lessee. Lessee agrees to defend and hold harmless Lessor from any
claim and/or suit due in any extent to such interference.
b. It will be presumed that existing equipment on site will
not interfere with new equipment. It will be the duty of the party
installing new equipment to ensure that new equipment does not
interfere with any existing equipment that is on site.
c. Lessee acknowledges and understands that Lessee's equip-
ment may be interfered with by other equipment on site. If such
interference occurs, Lessee specifically waives all claims in law
or in equity it may have against Lessor as a result of the inter-
ference, including but not limited to actual damages, lost profits,
lost revenues, loss of goodwill, and consequential damages. Lessee
agrees to defend and hold harmless Lessor from any claim and/or
suit based on any disruption of Lessee's services due to such
interference. This waiver and indemnity does not extend to any
interference arising solely from the Lessor's own conduct that is
initiated with both (1) Lessor's knowledge of the specific detri-
mental impact on Lessee's equipment operation and (2) Lessor's
ability to avoid the impact without disruption to Lessor's opera-
tion.
5. Termination. Except as otherwise provided herein, this
lease may be terminated, without any penalty or further liability,
on ninety (90) days' written notice as follows: (a) by either
party upon a default of any convenant or term hereof by the other
party, which default is not cured within ten (10) days of receipt
of written notice of default (without limitation of any other
rights available to the parties pursuant to any other provisions
hereof); (b) by Lessee if it is unable to obtain or maintain any
license, permit or other governmental approval necessary to the
operation of the Lessee's equipment or Lessee's business; or (c) by
Lessee if the premises become unacceptable under Lessee's design or
engineering specifications for its communications system.
6. Loss Claims.
a. In lieu of Lessee's provision of insurance coverage for
Lessor's benefit, Lessee shall accept and investigate claims sub-
mitted by Lessor, its officers, employees, and agents, and duly
make payment for loss or damage for which the Lessee is liable
under general law and/or the terms of this lease.
7. Destruction of Premises. If the premises or the communi-
cations facilities are destroyed or damaged so as, in Lessee's
judgment, to hinder the effective use by the Lessee, Lessee may
Page 2 of 5
(agr/lkout.sc)
elect to terminate this lease as of the date of the damage or
destruction by so notifying Lessor not less than five (5) days
following the date of damage. In such event, all rights and obli-
gations of the parties shall cease as of the date of the damage or
destruction.
8. Hold Harmless. Lessee agrees to defend, indemnify, and
hold Lessor harmless from any and all claims arising out of the
performance of this Agreement, except for claims arising from the
negligence or intentional acts of Lessor.
9. Notices. All requests, demands, and other communications
hereunder shall be in writing and shall be deemed given if person-
ally delivered or mailed, certified mail, return receipt requested,
or sent by overnight carrier to the following:
If to Lessor, to:
If to Lessee, to:
Chief of the Yakima Fire Department
401 North Front Street
Yakima, WA 98901
Director of Yakima County Department
of Communications
128 North 2nd Street
Yakima, WA 98901
10. Improvements and Changes. Lessee is required to obtain
Lessor's approval in writing before making any improvements or
changes to the premises. Lessee shall pay for all such changes
made to the premises. If Lessee moves or damages any property on
site, Lessee shall pay all costs to restore the property so moved
or damaged.
11. Successors and Assigns. This lease shall be binding upon
and inure to the benefit of the parties, their respective succes-
sors, and assigns.
12. Miscellaneous.
a. The prevailing party in any litigation arising hereunder
shall be entitled to its reasonable attorneys' fees and court
costs, including appeals, if any.
b. This lease constitutes the entire agreement and under-
standing of the parties, and supersedes all offers, negotiations
and other agreements. There are no representations or understand-
ings of any kind not set forth herein. Any amendments to this
lease must be in writing and executed by both parties.
c. This lease shall be construed in accordance with the laws
of the State of Washington. Venue shall be in Yakima County,
Washington.
d. If any term of this lease is found to be void or invalid,
such invalidity shall not affect the remaining terms of this lease,
which shall continue in full force and effect.
Page 3 of 5
(agr/lkout.sc)
DATED as the date first set forth above.
ATTEST:
4ef -- /e0.--d-e-i ..
City Clerk
CITY CONTRACT Mo. 9i-eq,b-50
At A-st his 10
, 1 97___ 1,
ar.` ra H erk .,_ p -
Board by / 1. 0 IL I. 4141
dr
D ..Cu v erk
LESSOR:
CIT4 OF YAKIMA
By:
Its: Richard A.Zais, Jr.„ City_.lanager
LESSEE:
BOARD 0 _ YA IMA COUNTY COMMISSIONERS
1
Approved
Deputy Prosecuting Attorney
STATE OF
County of
:ss.
On this 64f day of ���� /� , 19_9/ , before
me a NotaryPubli in /and the Stat9 f _���
personally appeared SII p �. Q%S �l2'/7 T % blr1 known o me to be
the 4Ajger e_ ..f.C�'/C o f
the
corporation that executed the withi a d foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act
and deed of said corporation for the,�� uses and urposes therein
mentioned, and on oath stated that�l authorized to
execute said instrument and that the sdal aff]xed thereto is the
corporate seal of said corporation.
WITNESS my hand and official seal affixed the day and year
first above written.
NOTARY PUBLIq,n athd for the State
of _lGf? , residing in
0
My commission expires:
Page 4 of 5
(agr/lkout.sc)
Z_,8' /994/
STATE OF
County of
ash112 10n
)
:SS.
On this �Q day of � 66
me, a Notary Publi in nd for//�ythgj St o
personally y app ear d /(Ux C.C1 l,/Z &/1 aer
the 0.6 1(/Qll�4 � /�$ drit _th
before
nown to to be
m/s5/0necs , the
corporation that executed the within and fo •going instrument, and
acknowledged the said instrument to be
and deed of said corporation for th
mentioned, and on oath stated that
execute said instrument and that the
corporate seal of said corporation.
WITNESS my hand and official seal affixed the day and
first above written.
the free and voluntary act
uses and purposes therein
t°C/ erre wort authorized to
s 11 affixed thereto is the
Page 5 of 5
(agr/lkout.sc)
•
commission exp
res:
Qa
year
the State
, residing in
6/-16-9S -%3
pyo"
V SIaIHxa
T
C E
• A
M • t
T
6't"
1
R Op
Pr et
•