HomeMy WebLinkAboutR-1992-D6067 Century PlazaRESOLUTION NO .D 6 0 6 7
A RESOLUTION authorizing the execution of an Office Lease
Agreement Addendum with the Century Plaza Part-
nership.
WHEREAS, the City of Yakima rents office space at 201
East Lincoln, Suite 5, within the City of Yakima, for its
Legal Department from the Century Plaza Partnership pursuant
to a lease executed on or about August 1, 1989; and
WHEREAS, pursuant to Resolution No. D-5864, said lease
was renewed for an additional two-year term to extend from
July 31, 1991 to July 31, 1993; and
WHEREAS, the parties to the aforementioned lease wish to
amend that lease to provide for the installation of a charcoal
air filtration system within the premises to abate tobacco
smoke within the air-conditioning system of the premises; and
WHEREAS, the City Council deems it to be in the best
interest of the City of Yakima to enter into an addendum to
the aforementioned lease, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk are hereby authorized
and directed to execute an Office Lease Agreement Addendum
with the Century Plaza Partnership, a true copy of which is
attached hereto and incorporated herein by reference.
ADOPTED BY THE CITY COUNCIL this j day of `;j -c% ,
1992.
Mayor
ATTEST:
City Clerk
(res/dolsen.jv)
OFFICE LEASE AGREEMENT
ADDENDUM
LESSOR: CENTURY PLAZA, a Partnership
LESSEE: THE CITY OF YAKIMA,
a Washington State Municipal Corporation
The above named parties agree to amend the lease between the
parties dated August 1, 1989 to July 31, 1993 by adding the
following Section 30 to the lease.
30.0 FILTER SYSTEM/TERMINATION: "Not withstanding any other
provision of this lease, Lessor and Lessee agree that Lessor, at
its expense, shall install a charcoal filter system to the heating
and air conditioning system for the purpose of eliminating tobacco
smoke from Lessee's leased space. Lessor shall have twenty (20)
calendar days from the date of signing this addendum to the lease
to install the charcoal filter system. Lessee agrees to cooperate
with Lessor in monitoring the effectiveness of the charcoal filter
system. If after sixty (60) calendar days from the date of
installation of the charcoal filter system, the tobacco smoke
problem has not been abated from Lessee's space to the Lessee's
satisfaction, Lessee may give Lessor a sixty (60) calendar day
notice of intent to vacate the leased premises. Lessor, at its
expense, shall maintain the filter system so as to maintain a
tobacco smoke-free environment within Lessee's premises to Lessee's
satisfaction for the term of the lease. If during the remainder of
the term of the lease, the filter system fails or tobacco smoke
from other tenants' space infiltrates the leased space, then Lessee
may give Lessor sixty (60) calendar days notice of intent to vacate
the leased premises. This contingent option to terminate the lease
is in lieu of all other claims by the Lessee for constructive
eviction or breach of the lease based on the claim that tobacco
smoke infiltrates the premises. Upon vacation of the premises by
Lessee pursuant to the terms of this section, and the payment of
all rents accrued up to the date of such vacation, this Lease will
be deemed canceled by the mutual agreement of the parties as of the
date of such vacation."
IN WITNESS WHEREOF, Lessor and Lessee have executed this
Addendum on the ' day of ?e3a-rua-ry, 1992.
LESSOR: LESSEE:
CENTURY PLAZA
By: ' t, �.. `�}, .✓
Robert R. Dolsen
Authorized Partner
THE CITY OF YAKIMA\'\\,
By.;:, \
Richard A. Zai , Jr.
City Manager
ATTEST: �= r° --
City Clerk
7