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16-1186-A Amended Lease Agreement with Raul LabradorCITY OF MERIDIAN RESOLUTION NO. 16-1186-A BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION APPROVING AN AMENDED EXTENSION OF THE LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN (LESSOR) AND CONGRESSMAN RAUL LABRADOR (LESSEE) FOR A TWO YEAR LEASE TERM EXTENSION FOR APPROXIMATELY 1,812 SQUARE FEET OF OFFICE SPACE AT THE MERIDIAN CITY HALL, 33 EAST BROADWAY, MERIDIAN IDAHO TO BE USED FOR A LOCAL CONGRESSIONAL STAFF OFFICE; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the City of Meridian has approximately 1,812 square feet of office space at the Meridian City Hall that is currently leased to Congressman Raul Labrador as approved by Resolution 10-767 and renewed by Resolutions 12-902 and 14-1035; and, WHEREAS, the City of Meridian has no immediate plans to use the 1,812 square feet of space for City business and Congressman Raul Labrador desires to renew the lease for an additional two years; and, WHEREAS, on December 20, 2016, the Meridian City Council Adopted and the Mayor Approved Resolution 16-1186 approving a two year lease extension; and, WHEREAS, upon review of the lease documents, the United States Administrative Counsel requested certain changes, in particular the correction of the dates of the Prior Lease Term and a list of amenities included in the lease. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The 1,812 square feet of space in Meridian City Hall currently leased to Congressman Raul Labrador is not otherwise needed for City purposes. SECTION 2. That the terms of the revised District Office Lease Amendment and Attachment (attached hereto and incorporated herein) between Congressman Raul Labrador and the City of Meridian are just and equitable, and the same is hereby approved as to both form and content. (Copies of the original District Office Lease and Local Addendum being amended are attached hereto for reference). SECTION 3. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Lease Agreement for and on behalf of the City of Meridian. SECTION 4. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this -3 day of 2017. APPROVED by the Mayor of the Ci RATEp eridian, Idaho, this 3 day of �GvJt/Cu2„ , 2017. GO�Pp AGG Mayor Tanyfiy de Weerd AMENDED RESOLUTION 16-1186 APPROVING AN RAULLABRADOR I B� sE4 1 pN OF THE L_ GRI ATTES CJColes, ity Clerk BETWEEN THE CITY OF MERIDIAN AND CONGRESSMAN S. ?louse of Wppmentatives Washington, D.C. 20515 01 Office Im Ameaftent (page 1 of 2 —1leh Congress) 1. Prior Lean Term. The undersigned Landlord ("Lessor") and Member of the U. S. House of Representatives ("Lessee") agree that they previously entered into a District Office Lease ("Lease") (along with the District Office Tease Attachmentj which covered the period from 'SZs 1 S to _. -Tartu, o j Z, 201 ::F __. for the lease of office space located at 33 a aioetW AW, sutto 251 in the city, state and ZIP of Mari ON ID M2 2. Extended Term, If applicable, the above referenced Lease is extended through and including jw=ry2 P 20_1e (This District Office Tease Amendment ("Amendment') may not provide for an extension beyond January 2, 2019, which is the end of the constitutional term of the 115°" Congress.) 3. Hent and Any Other Changes. The monthly rent for the extended term of the Lease shal l now be 1.881.00 _. All other provisions of the existing Lease shall remain unchanged and in fullffee ct, except for the following additional terms, which are modified as indicated in the space below Rf no additional terms are to be modified, write the word "NONE" below]. Mone 4. ]District OMce Lease Attachment for 115's Congress. This Amendment shall have no force and effect unless and until accompanied by an executed District Office Lease Attachment for the 11501 Congress and the District Office Lease Attachment for the i I Yh Congress attached hereto supersedes and replaces any prior District Office Lease Attachment. 5. Counterparts. This Amendment may be executed in any number of counterparts and by facsimile copy, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. 6. Section Headings. The section headings of this Amendment are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. (Signathrre page follows. j V.S. .Mouse of WfPreS=t4Nves Washington, D.C. 20515 DMIA Offt Lease Amonko (Page 2 of 2 -1le Congress) IN WITNESS WHEREOF, the parties have duty executed this District Office Lease Amendment as of the later date written below by the Lessor or the Lessee. City of Meridian Idaho Print Name oflessorlLandlordlCompany Ey: joy r ftnatureName: de Weerd Title: Mayor w Date Raul R. Labrador Print Name ofLessee �a2 Lessee Signature Date 77ds d7fnWel Offlee Lease Amendment must be accompanied xdtlj an exsected D1sft*t d)jke Lease Attademenit V.S. Yfouse of Representatives Washington, D -C, 20515 District Once ileasc Arc at (Page 1 of 5 --115°' Congress} 5LU_1QN A Section A designates whether the leased space will be the Member/Member-Elect's flagship (primary) office and sets forth the amenities provided by the Lessor to be included in the Lease. Except as noted below, the amenities listed are nor required for all district offices. To be completed by the Member/Member-elect: The leased space will serve as my flagship (primary) District Office. ❑ The leased space will NOT serve as my flagship (primary) District Office. To be completed by the Lessor: Amenities are separately listed elsewhere in the Lease. (The below checklist can be left blank if the above box is checked.) The Lease includes (piease check, and complete all that apply): (Iterrfs marked with gtt an asterisk and in bold are re_L d for- all flagship offices of F+•esl+larurr Members of the 1/ 5 Congress,) t Broadband and/ur Cable Access to the I eased L,--.- e C. .Comcast Cox Verizon etc (Verify broadband access 6y ertteriatg the add+ess of the leased space at , dba+f Ir+ran eau) 2(* Interior Wiring CAT sc or Better tivithin l eased S nee, ❑ Lockable S ace for Networld F, r' c t, G'"iele h ne Service Avaiiablc, Fe'1At In . 13 Assigned Parking Spaces M79'— z Unassigned Parking Spaces D General Ofd Street Parking on an As -Available Basis W–u. Includes: a to 'al Servic . Frequency: 00_ fd sn .c 9 frrash_ __.Removal. Frequency; Vct Cleanin . Frcqucncy: ndow WasIiin g. Z" inflow Ircatments. O Tenant Alterations Included In Rental hate, fter Hours Building Access, Office Furnishings. includes: Q-<abie TV Accessible. If'cliecked, Included in Rental Rate: C) Yes r*-�No t�uildm Marra er. r"Qnsite 2�'6n Call Contact Name: r; r ter, ,, Phone Number: o - U 37 _ Email Address: r; OiAnCR � Of'T✓ fQlmS'ro.ArtrrrinisdrrrtiiaCo+uisef.2l7Corrtttw+seU ceA+rrtdMe,N'nshir+grvr+,D.C. copies miry also Ge fused to 202.223-6999. Print Form Save Form Clear Page V.S. Mow of lZfpresentatives Washington, D.C. 20515 District Me Leese Attachment (Page 2 of 5— i V6e" Congress) SECTION B (Additional Terms and Conditions) 1. Incorporated District Office Lease Attachment, Lessor (Landlord) and Lessee (Member/Member-Elect of the U.S. House of Representatives) agree that this District Office Lease Attachment ("Attachment's is incorporated into and made part of the Lease ("Lease") and, if applicable, District Office Lease Amendment ("Amendment") to which it is attached. 2. Performance. Lessor expressly acknowledges that neither the U.S. House of Representatives (the "House") nor its Officers are liable for the performance of the Lease. Lessor further expressly acknowledges that payments made by the Chief Administrative Officer orthe House (the "CAO") to Lessor to satisfy Lessee's rent obligations under the Lease — which payments are made solely on behalf of Lessee in support of his/her official and representational duties as a Member of the House —shall create no legal obligation or liability on the part of the CAO or the House whatsoever. Lessee shall be solely responsible for the performance of the Lease and Lessor expressly agrees to look solely to Lessee for such performance. 3. Modifications. Any amendment to the Lease must be in writing and signed by the Lessor and Lessee. Lessor and Lessee also understand and acknowledge that the Administrative Counsel for the CAO ("Administrative Counsel") must review and give approval of any amendment to the Lease prior to its execution. 4,. Compliance with Rouse Rules and Regulations. Lessor and Lessee understand and acknowledge that the Lease shall not be valid, and the CAO will not authorize the disbursement of funds to the Lessor, until the Administrative Counsel has reviewed the Lease to determine that it compiles with the Rules of the House and the Regulations of the Committee on House Administration, and approved the Lease by signing the last page of this Attachment. 5. Payments. The Lease is a fixed terra lease with monthly installments for which payment is due in arrears on or before the end of each calendar month. In the event of a payment dispute, Lessor agrees to contact the Office of Finance of the House at 202.225-7474 to attempt to resolve the dispute before contacting Lessee. 6. Void Provisions. Any provision in the Lease purporting to require the payment of a security deposit shall have no force or effect. Furthermore, any provision in the Lease purporting to vary the dollar amount of the rent specified in the Lease by any cast of living clause, operating expense clause, pro rata expense clause, escalation clause, or any other adjustment or measure during the term of the Lease shall have no force or effect. 7. Certain Charges. The parties agree that any charge for default, early termination or cancellation of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole responsibility of the Lessee, and shall not be paid by the CAO on behalf of the Lessee. 8. Death, Resignation or Removal. In the event Lessee dies, resigns or is removed from office during the term of the Lease, the Clerk of the House may, at his or her sole option, either: (a) Scud completed form to: Admfnistraflve Coceusel, 217 Ford Nouse Office Buildhig, Washingfolr. D.C. X111. Copley may also befaxed io 202-225-6999. VS Mouse of ftresentatiues Washington, D.C. 20515 D1eVict effice leap Att$ftant (Page 3 of 5 —11514 Congress) terminate the Lease by giving thirty (30) days' prior written nopce to Lessor, or (b) assume the obligation of the Lease and continue to occupy the premises for a period not to exceed sixty (60) days following the certification of the election of the Lessee's successor. In the event the Clerk elects to terminate the Lease, the commencement date of such thirty (30) day termination notice shall be the date such notice is delivered to the Lessor or, if mailed, the date on which such notice is postmarked, 9. Term. The term of the Lease may not exceed the constitutional term of the Congress to which the Lessee has been elected. The Lease may be signed by the Member -Elect before taking office. Should the Member -Elect not take office to serve as a Member of the 1 15's Congress, the Lease will be considered null and void. 10. Early Termination. If either Lessor or Lessee terminates the Lease under the terms of the Lease, the terminating party agrees to promptly file a copy of any termination notice with the Office of Finance, U.S. House of Representatives, O'Neill Federal Building, Suite 3220, Attn: Levi Matthews, Washington, D.C. 20515, and with the Administrative Counsel by e-mail at leases@mail.house.gov. 11. Assignmeats. Lessor shall. not have the right to assign (by operation of law or otherwise) any of its rights, interests and obligations under the Lease, in whole or in part, without providing thirty (30) days prior written notice to Lessee, and any such purported assignment without such notice shall be void. Lessor shall promptly file a copy of any such assignment notice with the Administrative Counsel by e-mail at leases@mail.house,gov. 12. Sale or Transfer of Leased Premises. Lessor shall provide thirty (30) days prior written notice to Lessee in the event (a) of any sale to a third party of any part of the leased.premises, or (b) Lessor transfers or otherwise disposes of any of the leased premises, and provide documentation evidencing such sale or transfer in such notice. Lessor shall promptly file a copy of any such sale or transfer notice with the Administrative Counsel by e-mail at leases c@mail.house.gov, 13. Bankruptcy and Foreclosure. In the event (a) Lessor is placed in bankruptcy proceedings (whether voluntarily or Involuntarily), (b) the leased premises is foreclosed upon, or (c) of any similar occurrence, Lessor agrees to promptly notify Lessee in writing. Lessor shall promptly file a copy of any such notice with the Office of Finance, U.S. House of Representatives, O'Neip Feder -al Building, Suite 3220, Attn. Levi Matthews, Washington, D.C. 20515, and with the Administrative Counsel by e-mail at leases@mail.house.gov. 14. Estoppel Certificates. Lessee agrees to sign an estoppel certificate relating to the leased premises (usually used in instances when the Lessor is selling or refinancing the building) upon the request of the Lessor. Such an estoppel certificate shall require the review of the Administrative Counsel, prior to Lessee signing the estoppel certificate. Lessor shall promptly provide a copy of any such estoppel certificate to the Administrative Counsel by e-mail at ieeses(a mail.house.gov. to; Adnalutstrattve Carrris,7 it i Ford House Offlce 8, Coplas may also be faxed to 202-225-6999. el), S, 9fouse of ftwerttatives Washington, D.C. 20515 District O flco Loan iAthct (Page 4 of 6 - 116' Congreas) 15. Maintenance of Common Areas. Lessor agrees to maintain In good order, at its sole expense, all public and common areas of the building including, but not limited to, all sidewalks, parking areas, lobbies, elevators, escalators, entryways, exits, alleys and other like areas. 16. Maintenance of Structural Components. Lessor also agrees to maintain in good order, repair or replace as needed, at its sole expense, all structural and other components of the premises including, but not limited to, roofs, ceilings, wails (interior and exterior), floors, windows, doors, foundations, fixtures, and all mechanical, plumbing, electrical and air conditioning/beating systems or equipment (including window air conditioning units provided by the Lessor) serving the premises. 17. Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage, either to persons or property, sustained by Lessee or any of his or her employees or guests, caused by Lessor's failure to fulfill Its obligations under Sectiona 15 and j-6. 18, initial .Alterations. Lessor shall make any initial alterations to the leased premises, as requested by Lessee and subject to Lessor's consent, which shall not be unreasonably withheld. The cost of such initial alterations shall be included in the annual rental rate. 19. Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act, 28 U.S.C. §§ 2671- 80, satisfies any and all obligations on the part of the Lessee to purchase private liability insurance. Lessee shall not be required to provide any certificates of insurance to Lessor, 20. Limitation of Liability. Lessor agrees that neither Lessee nor the House nor any of the House's officers or employees will indemnify or hold harmless Lessor against any liability of Lessor to any third party that may arise during or as a result of the Lease or Lessee's tenancy. 21. Compliance with laws. Lessor shall be solely responsible for complying with all applicable permitting and zoning ordinances or requirements, and with all local and state building codes, safety codes and handicap accessibility codes tincluding the Americans with Disabilities Act), both In the common areas of the building and the leased space of the Lessee. 22. Electronic Funds Transfer. Lessor agrees to accept monthly rent payments by Electronic Funds Transfer and agrees to provide the Office of Finance, U.S. House of Representatives, with all banking information necessary to facilitate such payments. 23. Refunds. Lessor shall promptly refund to the CAO, without formal demand, any payment made to the Lessor by the CAO for any period for which rent is not owed because the Lease has ended or been terminated, 24. Conflict. Should any provision of this Attachment be inconsistent with any provision of the attached Lease or attached Amendment, the provisions of this Attachment shall control, and those inconsistent provisions of the Lease or the. Amendment shall have no force and efi'ect to the extent of such inconsistency. Send romnpfeted forms to: Adrnbmistrative C'omnfsel, 217 Ford House Office Bullding, NoAl mgion. D.C. 20515. Copies may also be faxed to 102-225-6999. S. Mouse of &presentatives Washington, D.C. 20515 Deet Me Leego At ehm®nt (Page 5 of 5 1150 Congress) 25. Construction. Unless the clear meaning requires otherwise, words of feminine, masculine or neuter gender include all other genders and, wherever appropriate, words in the singular include the plural and vice versa. 26. Fair Market Value, The Lease or Amendment is entered into at fair market value as the result of a bona ride, arms -length, marketplace transaction. The Lessor and Lessee certify that the parties are not relatives nor have had, or continue to have, a professional or legal relationship (except as a landlord and tenant). 27. District Certification. The Lessee certifies that the office space that is the subject of the Lease is located within the district the Lessee was elected to represent unless otherwise authorized by Regulations of the Committee on House Administration. 213. Counterparts. This Attachment may be executed in any number of counterparts and by facsimile copy, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. 29, Section Headings. The section headings of this Attachment are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. TN W17NESS WHEREOF, the parties have duly executed this District Office Lease Attachment as of the later date written below by the Lessor or the Lessee. City of Meridian, Idaho Raul R. Labrador Print Name of Lessor/Landlord Print Name afxessee np> By: �V4 wztq5a�? — Lessor rgr lure Lessee ,Signature Name: T my de Weerd Title; ayor Date -^- who is the point of contact for _ Phono (Z.W ) aX-VA toe Date This District Office Lease Attachment and the attached Lease or Amendment have been reviewed and are approv ursuant to Reg )ations of the Committee an House Administration. Date � Uuav- '201,7 , to: Rdrho1{strallveCotrnsdl, 2171�ord Hoarse Dries B, Caples may also befared to 202-22J-$999