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:
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ATTEST:
By: .
ycee olman, City Clerk
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(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.
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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.
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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
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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.