Loading...
10-767 Lease Agreement Raul LabradorCITY OF MERIDIAN RESOLUTION NO. 10- ~ ~o~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN (LESSOR) AND CONGRESSMAN RAUL LABRADOR (LESSEE) FOR APPROXIMATELY 1,812 SQUARE FEET OF OFFICE SPACE AT THE MERH)IAN 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 not currently used for City business; and, WHEREAS, the City of Meridian has no immediate plans to use the 1,812 square feet of space for City business. 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 described in the lease agreement between Congressman Raul Labrador and the City of Meridian is not otherwise needed for City purposes. SECTION 2. That the terms of the agreement (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. 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. p~}'~`" ADOPTED by the City Council of the City of Meridian, Idaho, this Zd day of ~~~t~- , 2010. g~ APPROVED by the Mayor of the City of Meridian, Idaho, this o20 day of 2010. APPROVED: i~-~,~ ATTEST: By: . ycee olman, City Clerk ~~r ra •ae w~ A ) .9 ~ o ,~~ °. '9p Lsr is-c • .rte .: .,, eovlvrY , ~\~~,. ,.~,, vS. Mouse of ~presentatrves Washington, n.c. 2os l s ~ ~ (Page 7 of 2 -version 1.12) Pursuant to 2 U.S.C. § s7, and the Regulations of the Committee on House Administration (as modified from time to time by Committee Order) relating to office space in home districts, The City of Meridian, an Idaho Municipal Corporation 33 East Broadway Avenue, Meridian Id 83642 {Landlord's Warne} {Landlord's street address, city, sate, ZIP code} ("LESSOR', and Raul Labrador Representatives ("I.ESSEE'~, agree as follows: 1812 a Member/Member--Elect of the U.S. House of 1. LESSOR shall lease to LESSEE square Suite 251 at 33 East Broadway Avenue feet of office space located at {office street address} Meridian, Idaho 83642 {o#fice city, state and ZIP} in the city, state and ZIP code of The Lease includes staff P~~$ spaces, which are Qassigned or Dunassigned (please check one). 2. LESSEE shall have and hold the leased premises for the period beginning January 3. 20 ~ 1 ~ ~,g January 2 .2013 .The term of this District Office Lease ("LEASE") may not exceed two years and may not extend beyond 7anuary 2, 2013, which is the end of the constitutional term of the Congress to which the Member is elected. 3. The monthly rent shall be ~ 1, 661 . QD ,and is payable in arrears on or before the last day of each calendar month. Rent payable wader this LEASE shall be prorated on a daily basis for any fraction of a month of occupancy. 4. This LEASE may be terminated by either party giving 30 days prior written notice to the other party. The commencement date of such termination notice shall be the date such notice is delivered or, if mailed, the date such notice is postmarked. S. During the effective term of this LEASE, rent payments wader paragraph 3 shall be remitted to the LESSOR by the Chief Administrative Officer of the U.S. House of Representatives ("CAO'~ on behalf of the LESSEE. /"~. ,...., v S. Mouse of ~presentatives Washington, D.C. 20515 (Page 2 of 2 -version 1.12) 6. The District Office Lease Attachment attached hereto is incorporated herein by reference, and this LEASE shall have no force or effect unless and until accompanied by an executed District Office Lease Attachment. 7. Aay amendments, additions or modifications to this LEASE inconsistent with paragraphs 1 through 6 above shall have ao force or effect to the extent of such inconsistency. 8. Additionally, the LESSOR and the LESSEE agree The City of Meridian, an Idaho Municipal Corporation Print Name (LESSOR /Landlord) SSOR Signature l '3-o~lf (Date) Rau! Labrador ' Name (LESSEE) LESSEE Signature (Date) This District Office Lease must be accompanied by an executed District O„Qice Lease Attachment. v S .~Couse of representatives Washington, D.C. 20515 Dist~t OfficO L08s0 Attachment (Page 1 of 3 -version 1.12) 1. LESSOR (Landlord) and LESSEE (Member/Member-Elect of the U.S. House of Representatives) agree that this District Office Lease Attachment ("ATTACHMENT") is incorporated into and made part of the Lease ("LEASE") to which it is attached. 2. LESSOR expressly acknowledges that neither the U.S. House of Representatives ("HOUSE") nor its Officers are liable for the performance of the LEASE. LESSOR further expressly acknowledges that payments made by the Chief Administrative Officer of the HOUSE ("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. 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 approve any amendment to the LEASE prior to its execution. 4. 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 complies with the Rules of the HOUSE and the Regulations of the Committee on House Administration, and approved the LEASE by signing on page 3. 5. The LEASE is a fixed term lease with monthly installments for which payment is due at 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. 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 cost 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. The parties agree that any charges 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. 7. In the event LESSEE dies, resigns, or is removed from office during the term of this LEASE, the Clerk of the HOUSE may, at his or her sole option, either: (a) terminate this LEASE by giving thirty (30} days prior written notice 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. v.S..~louse of 2epresentatives Washington, D.C. 20515 District Office Lease Attachnrent (Page 2 of 3 -version 1.12) 8. The term of the LEASE may not exceed the constitutional term of the Congress to which the LESSEE has been elected. Should the Member-Elect not take office and serve as a Member of the 112' Congress, the lease will be considered null and void. 9. If either LESSOR or LESSEE terminates the LEASE under the terms of the LEASE, the ternunating party agrees to promptly file a copy of any termination notice with the Office of Finance, U.S. House of Representatives, B-241 Longworth House Office Building, Washington, D.C. 20515, and with the Administrative Counsel, Office of the Chief Administrative Officer, U.S. House of Representatives, 217 Ford House Office Building, Washington, D.C. 20515. 10. LESSOR agrees to promptly notify LESSEE in writing in the event LESSOR sells, transfers, or otherwise disposes of the leased premises; in the event LESSOR is placed in bankruptcy proceedings (whether voluntarily or involuntarily); in the event the leased premises is foreclosed upon; or in the event of any similar occurrence. LESSEE shall promptly file a copy of any such notice with the Office of Finance, U.S. House of Representatives, B-241 Longworth House Office Building, Washington, D.C. 20515. 11. 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, carpets, elevators, escalators, entryways, exits, alleys, and other like areas. LESSOR also agrees to maintain, repair in good order, or replace as needed, at its sole expense, all structural and other components of the premises including, but not limited to, roofs, ceilings, walls (interior and exterior), floors, windows, doors, foundations, carpets, fixtures, and all mechanical, plumbing, electrical and air conditioning/heating systems or equipment serving the premises. 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 this paragraph. 12. 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. 13. 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. 14. 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 (including the Americans with Disabilities Act). 15. 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. 16. 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. v S..~fouse of representatives Washington, D.C. 20515 District Office Lease Attachn~nt (Page 3 of 3 -version 1.12) 17. Should any provision of this ATTACHMENT be inconsistent with any provision of the attached LEASE (or with any subsequent or additional amendments thereto), the provisions of this ATTACHMENT shall control, and those inconsistent provisions of the LEASE (or any subsequent or additional amendments thereto), shall have no force and effect to the extent of such inconsistency. 18 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 lural and vice versa. P 19. This lease is entered into at fair market value as the result of a bona fide, 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). 20. The LESSEE certifies that the office space that is the subject of this lease is located within the district for which the LESSEE was elected to represent unless otherwise authorized by Regulations of the Committee on House Administration. The City of Meridian, an Idaho Municipal Corporation Print Name (LESSOR) LESSOR Signature ~-~-1 (Date) Raul Labrador Print Name (LESSEE) i LESSEE Signature (Date) From the Member's Office, who should be contacted with questions? Name Phone ~) E-mail @mail.house.gov This District Office Lease Attachment and the attached LEASE have been reviewed and are approved, pursuant to Regulations of the Committee on House Administration. Signed 20 (Administrative Counsell Date Send completed forms to: Administrative Counsel, 217 Ford House Office Building, Washington, D. C. 20515. Copies may also be faxed to 202-225-6999. LOCAL ADDENDUM TO DISTRICT OFFICE LEASE BETWEEN THE CITY OF MERIDIAN AND RAUL LABRADOR The following additional terms and conditions shall be incorporated into the District Office Lease executed between the parties for the period of January 3, 2011 through January 2, 2013 to the extent that they are not inconsistent with the terms of the District Office Lease or District Office Lease Attachment executed herewith: 1. Common Areas. Tenant shall have the non-exclusive right to use all common areas located within the Building, including, but not limited to, entrance ways, foyers, elevators and restrooms, breakroom, exercise room, locker rooms and other areas intended to be used in common by all of the tenants of the Building and their invitees, and the common areas located on the land on which the Building is situated, including, but not limited to, the parking lot and sidewalks adjacent to the Building and all other areas on such land intended to be used in common by all of the tenants of the Building and their invitees (collectively, "Common Areas"). All persons authorized by Tenant to access the Building must arrange for an access card and parking pass from the City Human Resources Department and follow all usage rules related. thereto. 2. General Use. The Premises shall be used only for the Local Congressional Office for staff of Rep. Raul Labrador and for no other use without the prior written consent of Landlord, which may be withheld in Landlord's sole discretion. Tenant shall not commit or allow to be committed any waste upon the Premises, or any nuisance or other act in or about the Premises that disturbs the quiet enjoyment of any other tenant in the Building. Tenant shall comply with all laws and regulations relating to its use or occupancy of the Premises or of the Common Areas. Tenant shall observe such rules and regulations for the Building as maybe adopted by Landlord. 3. Surrender of Premises; Removal of Property. Upon expiration or termination of the Lease Term, whether by lapse of time or otherwise (including any holdover period), Tenant at its expense shall: (1) remove Tenant's goods and effects and those of all persons claiming under Tenant, (2) repair and restore the Premises to a condition as good as received by Tenant from Landlord or as thereafter improved, reasonable wear and tear excepted, and (3) promptly and peacefully surrender the Premises (including surrender of all improvements installed in the Premises by Landlord or Tenant, except Tenant's trade fixtures that do not become part of the Building). 4. Tenant's Improvements. In the event that Tenant desires to undertake any improvements over and above Landlord's Improvements at Tenant's sole cost, Tenant shall do so only with the written approval of Landlord, such approval being in Landlord's sole discretion. Any such improvements shall be performed in a good and workmanlike manner in compliance with all applicable laws, codes and regulations, and all materials used shall be of a quality comparable to those in the Premises and the Building and shall be in accordance with plans and specifications approved by Landlord. All improvements (except Tenant's trade fixtures that do not become a part of the Building) shall remain in and be surrendered with the Premises at the expiration or sooner termination of this Lease. 5. Services and Maintenance. 5.1 Basic Services. Landlord shall provide mechanical, cooling, heating and ventilation during "Normal Business Hours," which means 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays. Landlord shall provide cooling, heating and ventilation at times other than Normal Business Hours upon Tenant's request and with reasonable notice to Landlord, and Tenant shall pay the costs thereof. If Tenant has special mechanical, cooling, heating, ventilation, electrical or other requirements, then the cost of furnishing, installing, operating and maintaining the equipment and appurtenances (including separate meters if required by Landlord to satisfy these requirements) shall be borne by Tenant. Landlord shall not be liable for any loss or damage caused by or resulting from any variation, interruption or failure of such services unless caused by the negligence or wilful misconduct of Landlord, and no temporary interruption or failure of such services incident to the making of repairs, alterations or improvements or due to accident or strike conditions shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. 5.2 Basic Utilities. Landlord shall furnish water, sewer, electricity and natural gas service to the Premises and the cost of such utility service, including costs based on consumption, shall be the expense of Landlord. 5.3 Additional Utilities. Tenant shall purchase all other utility services, including but not limited to telephone, cable, Internet, and television services desired by Tenant from the utility or municipality providing such service, and shall pay for such services when such payments are due. 5.4 Janitorial Services. Landlord agrees to furnish daily janitorial service for Tenant. Such service shall include sweeping or vacuuming of unrestricted floor areas in offices, emptying of waste paper receptacles and cleaning of restroom areas. 6. Entry and Inspection. Landlord at all reasonable times (and at any time in case of emergency) may enter the Premises for the purpose of inspection, cleaning, repairing, altering or improving the Premises or the Building subject to Tenant's reasonable security requirements. Landlord shall have the right at reasonable times to enter the Premises for the purpose of showing the Premises to any prospective tenants of the Building. 7. Business Interruption; Property of Tenant. No damages, compensation or claims shall be payable by Landlord for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Premises or the Building. Landlord will not carry insurance of any kind on any property of Tenant, including inventory, equipment, floor, ceiling and wall coverings, furniture and trade fixtures, and any improvements to the Premises that are paid for by Tenant and Landlord shall not be obligated to repair any damage thereto or replace the same. 8. Signs. Landlord agrees to place Tenant's name on the marquis board(s) located in the Building Common Areas using the design scheme established for the Building. The marquis signs provided by Landlord shall be the only Tenant identification allowed and Tenant shall not place on the exterior of the Premises or the Building or on any part of the interior of the Premises visible from the Building Common Areas any text, sign, graphic, decoration, or advertising matter. IN WITNESS WHEREOF, the Landlord and the Tenant have signed their name and affixed their seals the day and year first above written. TENANT: By Congre Oman Raul Labrador \\`~„uurttttrttt~! ~ '. Attest: ~'~y ~ a/.qy%,~', ~ Fo ----~ .~ _= ,, .9 ~~~'~~, ~d1iV~ ~ ~o\`~~~~ /~~~ttttr~i,~ n t~~~~~\\ v.S..~fouse of 1~epresentatives Washington, D.C. 20515 IOS~Ct OffiCO L08S0 (Page 2 of 2 -version 1.12) 6. The District Office Lease Attachment attached hereto is incorporated herein by reference, and this LEASE shall have no force or effect unless and until accompanied by an executed District Office Lease Attachment. 7. Any amendments, additions or modifications to this LEASE inconsistent with paragraphs 1 through 6 above shall have no force or effect to the extent of such inconsistency. 8. Additionally, the LESSOR and the LESSEE agree The City of Meridian, an Idaho Municipal Corporation Print Name (LESSOR /Landlord) ESSOR Signature ~ "3-~Ir (Date) Raul Labrador Prin Name (LESSEE) LESSEE Signature (Date) This District Office Lease must be accompanied by an executed District Office Lease Attachment. Distr~t Offic®Leas®- ~str~t~ns No leases can be signed before they have been approved by the Administrative Counsel. District Office Leases for the 112`h Congress may not commence prior to January 3, 2011. Members should endeavor to lease space through the last day of a congressional term rather than the last day of a calendar year. For the 112' Congress, leases should end on January 2, 2013, not December 31, 2012. • The opening paragraph has three blank lines to be filled in: 1. Landlord's name 2. Landlord's address 3. Member/Member-Elect's name • Paragraph 1 has four blank lines to be filled in: (1) Square footage of office that is being leased (optional); (2) Address of office being leased; (3) City, state and ZIP code where office is being leased; and (4) Number of parking spaces included (write "zero" if no parking spaces are included). • Paragraph 2 has two blank lines to be filled in: (1) Date lease begins and (2) Date lease ends (must be on or before January 2, 2013). • Paragraph 3 has one blank line for the monthly rent amount (write "zero" if no rent is to be paid). • Paragraph 4 has one blank line -the number of days notice required for either party to terminate the lease before the end of the term. A standard period is 30 days, but any figure is acceptable. If the lease may not be terminated early, enter "N/A" in this blank. • Paragraphs 5-7 may not be altered or deleted. • Paragraph 8 has space provided to list any additional lease provisions. • Prior to signing a lease, the Member/ Member-Elect must submit the proposed lease, accompanied by a copy of the District Office Lease Attachment, to the Administrative Counsel for review and approval. If the proposed terms and conditions of the lease are determined to be in compliance with applicable law and House Rules and regulations, the Administrative Counsel will notify the Member/Member-Elect that (s)he may proceed with the execution of the lease. Please submit the proposed lease and District Office Lease Attachment either by inter-office mail (217 Ford House Office Building), e- mail (leases@mail.house.gov), or fax (202-225-6999). • The Member/ Member-Elect is required to personally sign the document. • A signed and dated District Office Lease Attachment must accompany this lease. • Once signed by both parties, the Lease (and the Attachment) must be submitted to Administrative Counsel for final approval (217 Ford House Office Building). It may be faxed to 202-225-6999, but the original still must be submitted after faxing. • If approved, Counsel will send it to Finance so that payment can begin. If there are errors, you will be contacted and required to correct them before the lease is approved.