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12-902 Approval of Lease Agreement with Raul LabradorCITY OF MERIDLAN RESOLUTION NO. 12- Oat BY THE CITY COUNCIL: BIIID, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION APPROVING A LEASE AGREEMENT AMENDMENT 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, MERIDLAN 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 Hal] described in the lease agreement amendment 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 ~ o day of ~~, 2012. `W- APPROVED by the Mayor of the City of Meridian, Idaho, this ~d day of ~~~ 2012. APPROVED: Mayor ATTEST: By: aycee olman, City Clerk ~~ 9 o~ City of ~1 F p~TfQ e(S~L5 Oe,Py~.' 21.5..7fouse of 1~presentatives Washington, D.C. 20515 District Office Lease Amendment (Page 1 of 2-113" Congress) 1. Prior Lease Term. The mrdersigned Landlord ("Lessor") and Member of the U. S. House of Representatives ("Lessee's agree that they previously entered into a District Office Lease ("Lease's (along with the District Office Lease Attachment), which covered the period from January 3, 2011 f0 January 2, 2073 for the lease of office space IOCated at 33 E. Broadway AVe. Sulle 251 irr the city, State slid ZIP Of Meridian, Itlaho 83642 2. Extended Term. The above referenced Lease is extended through and including Janaary2 , 20 ie .(This District Office Lease Amendment ("Amendment")may not provide far an extension beyond January 2, 2015, which is the end of the constitutional team of the 113a' Congress.) 3. Rent and Any Other Changes. The monthly rent for the extended term of the Lease shall now be $~ sst so .All other provisions of the exisfnrg Lease shall remain unchanged and hi full effect, except for the following additional teens, which are modified as indicated in the space below [If no additional terms aze to be modified, write the word "NONE" below]. /+ f'O/V G 4. District Office Lease Attachment for 113~h Congress. This Amendment shall have no force and effect unless and until accompanied by an executed District Office Lease Attachment for the 113s' Congress and the District Office Lease Attachment for the 113s' Congress attached hereto supersedes and replaces any prior District Office Lease Attachment. 5. Counterparts. This Amendment may be executednr any mm~ber of counterparts and by facsimile copy, each of which shall be deemed to be an origiual but all of which together shall be deemed to be one acrd the same instrument. 6. Section Headings. The section headings of this Amendment aze forconvenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. [Signature page follows.] v.S..~fouse of 1~presentatives Washington, D. C. 20515 D~trict Office lease Amendment (Page 2 of 2 -113th Congress) IN WITNESS WHEREOF, the parties have duly executed this District Office Lease Amendment as of the later date written below by the Lessor or the Lessee. Tammy OeWeerd, The Cltyof Meridian, an Idaho MUnlclpal COrporatlon Raul Labrador Print Name (Lessor/Landlord) Lessor Signature Date Print Name (Lessee) Lessee Signature Date Send conpleled fonrr [o: Adminisba[ive Cowrsel, 217Ford Honse Office Building, Wnslrurgton, D.C. 20515. Copies tarry nlso be foxed to 202-225-6999 ZJ.S..~lozzse of ~presezztatives Washington, D.C. 20515 D~irict Office Lease Attachm®nt (Page 1 of 4 -113`h Congress) 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") is incorporated into and made part of the Lease ("Lease") and, if applicable, District Office Lease Amendment ("Amendmenf~ to which it is attached. 2. Performance. Lessor expressly acknowledges that neither the U.S. House of Representatives ("House") nor its Officers are liable for the performance ofthe Lease. Lessor furtlrer 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 iu support of his/her official and representational duties as a Member of the House -shall create no legal obligation or liabihty 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. Airy amendment to the Lease must be in writing and signed by the Lessor and Lessee. Lessor and Lessee also understand and aclotowledge that the Administrative Cowisel for the CAO ("Administrative Comisel'~ must review and give approval of any amendment to the Lease prior to its execution. 4. Compliance with Housc Rules and Regulations. Lessor and Lessee uuderstazrd 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 ou House Administration, and approved the Lease by signing on page 4 of this Attachment. 5. Payments. The Lease is a fixed term 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 ni the Lease purportnig to require the payment of a security deposit shall have no force or effect. Furthenuore, any provision in the Lease purporting to vary the dollaz amount of the rent specified in the Lease by any cost of living clause, operatnrg 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 chazge 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) terminate the 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. hr 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. 21.,5'. ,7fouse of 1~presefttatives Washington, D.C. 20515 District Office Lease Attachment (Page 2 of 4 -113~h Congress) 9. Term. The term of the Lease may not exceed the constitutional teen 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 113a' 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, B-245 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. 11. Notification upon Occurrence of Certain Evemts. 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 banlmrptcy proceedmgs (whether volmrtarily 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.5. House of Representatives, B-245 Longworth House Office Building, Washington, D.C. 20515. 12. 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 buildnrg) upon the request of the Lessor. Such au estoppel certificate shall not require the review and approval of the Administrative Comrsel. 13. Maintenance of Common Areas. Lessor agrees to maintaur in good order, at its sole expense, all public and common areas of the building including, but not ]united to, all sidewalks, pazking areas, lobbies, elevators, escalators, entryways, exits, alleys and other like azeas. 14. Maintenance of Structural Components. Lessor also agrees to maintain ur good order, repair or replace as needed, at its sole expense, all stmctural acrd other compoueuts of the premises includnrg, but not limited to, roofs, ceilings, walls (interior and exterior), floors, windows, doors, foundations, fixtures, and all mechazrical, plumbing, electrical and air couditioning/lreatiug systems or equipment (including window air conditionurg writs provided by the Lessor) serving the premises. 15. Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage, either to persons or properly, sustained by Lessee or any of his or lrer employees or guests, caused by Lessor's failure to fulfill its obligations under Sections 13 and 14. 16. initial Alterations. Lessor shall make any initial alterafions to lire leased premises, as requested by Lessee and subject to Lessor's consent, wlriclr shall not be unreasonably withheld. The cost of such initial alterations shall be included in fire annual rental rate. 17. Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act, 28 U.S.C. §§ 2671- 80, satisfies fury and all obligations on fire part of the Lessee to purchase private liability insurance. Lessee shall not be required to provide any certificates of insru'urce to Lessor. 41.5. ,Mouse of ~presentatives Washington, D.C. 20515 District Office lease Attachment (Page 3 of 4 - 113~h Congress) 18. Limitation of Liability. Lessor agrees that neither Lessee nor the House nor any of the House's officers or employees will indemnify or hold hazmless Lessor agahzst any liability of Lessor to any third party that may arise during or as a result of the Lease or Lessee's tenancy. 19. 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 (including the Americans with Disabilities Act), both in the common areas of the building and the leased space of the Lessee. 20. Electronic Funds Transfer. Lessor agrees to accept monthly rent payments by Electronic Funds Transfer azid agrees to provide the OfCce of Finance, U. S. House of Representafives, with all banking information necessary to facilitate such payments. 21. 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. 22. Conflict. Should any provision of this Attaclunent 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 effect to the extent of such inconsistency. 23. Construction. Unless the clear meaning requires otherwise, words of feminine, masculine or neuter gender include all other genders and, wherever appropriate, words ht the singular include the plural azid vice versa. 24. Fair Market Value. The Lease or Amendment 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). 25. 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. 26. Counterparts. This Attachment may be executedur azry number of counterparts and by facsimile copy, each of which shall be deemed to be an orighral but all of which together shall be deemed to be one azrd the same instrument. 27. Section Headings. The section headings of this Attaclunent are for convenience of reference only azrd shall not be deemed to limit or affect any of the provisions hereof. [Signature page follows. ] 4J,S..7fouse of 1~presentatives Washington, D.C. 20515 District Office leas®Att~hment (Page 4 of 4 -113th Congress) IN W1TNE55 WHEREOF, the parties have duly executed this District Office Lease Attachment as of the later date written below by the Lessor or the Lessee. Tammy DeWeerd, The City of Merldun, an Idaho Munlclpal Corporation Print Name (Lessor) Raul Labrador Print Name (Lessee) Signature Date Lessee Signature Date From the Member's Office, who is the point of contact for questions? Namedar.~een Phone(~e )BBB-3186 Finail lake.ball nM..a l.,.,...e..,... This District Ofrcc Lease Attachment and the attache) Lease or Amendment have been reviewed and are approved, pursuant to Regulations of the Committee on House Administration. Signed Date 20 (Administrative Counsel)