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HomeMy WebLinkAboutRes1990-093 . . . Sponsored by: Schaefermever CITY OF SEWARD, ALASKA RESOLUTION NO. 90-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A RENTAL AGREEMENT WITH N.S.I. PARTNERSHIP TO PROVIDE CITY OFFICE SPACE WHEREAS, the city requested proposals to provide office space for city personnel; and WHEREAS, the City Council determined that the submitted by N.S.I. Partnership provided adequate office the lowest price to the city; proposal space at NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Rental Agreement, attached and incorporated herein by reference, between the city and N.S.I. Partnership, is hereby approved, and the City Manager is authorized to execute said agreement on behalf of the city. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 13th day of August, 1990. THE CITY OF SEWARD, ALASKA ~&xrf W~ ~am C. Noll, Mayor AYES: NOES: ABSENT: ABSTAIN: NOLL, BURGESS, HILTON, SIMUTIS NONE NONE DUNHAM, MEEHAN, SIEMINSKI -1- . CITY OF SEWARD, ALASKA RESOLUTION NO. 90-093 ATTEST: . . (City Seal) APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska %~~ Fred B. Arv~dson City Attorney -2- . . . REN'l'AL AGREEMEN'l' This Agreement, made this I~ day of l"~"~\ , 19QO, between the NSI PARTNERSHIP, herei~r designated as "NSI", and the CITY OF SEWARD, hereinafter designated as "CITY", is drafted and entered into by the parties for the purposes of the rental of NSI proper- ties for CITY office space. NSI does rent to the CITY office spaces situated at the RAY BUILDING, 5th & Adams, Seward, Alaska as described below: Apt. .1 - 540 square feet, second floor Apt. .1A- 264 square feet, second floor Apt. .3 - 419 square feet, first floor Apt. .3A- 135 square feet, first floor Apt. .4 - 681 square feet, first floor Common Areas - 889 square feet upon the following terms and conditions: 1. TERN: The premises are rented for a period of four (4) years, commencing the 1st day of September, 1990, and terminating the 30th day of August, 1994, when the Agreement may be extended by mutual agreement by both parties for continuous annual terms thereafter. 2. REN'l': The CITY shall pay rent in the amount of $ .80 per square foot for office space and $ .50 per square foot for common areas per month on the 1st day of each month to NSI. This rate shall exist for the first two (2) years of this lease. The rental rate for the remaining two (2)years of the lease shall include a COLA adjustment to the rental rate for the third year. This rate will be remain in effect for the duration of the lease. 3. UTILITIES: The CITY shall be responsible for the payment of the electric utility bill for the square footage rented. 4. SUBLET: The CITY agrees not to sublet said premises nor assign this Agreement nor any part thereof without the prior written consent of NSI. 5. ALTERATIONS: The CITY agrees not to make alterations or do or cause to be done any painting or wallpapering to said premises without prior written consent of NSI, such consent not to be unreasonably withheld. NSI has retained an independent architecture and engineering firm to review the premises and the use of the premises by the CITY. NSI has committed to promptly make all necessary improvemen- ts/remodeling/or repairs needed throughout the term of this agreement in order to assure compliance with applicable Building and Fire Codes and all statutes, regulations and requirements \6::SD C(o ~ ~93 . NSI AGREEMENT Page two related to handicap accessibility. The improvements listed on the attached addendum shall be completed within one hundred twenty (120) days of the signing of this agreement. NSI shall, in writing, notify the CITY of any delays past this time period caused by availablity of contractors and/or materials with a statement of when the work is expected to be completed. 6. USE OF PREMISES: The CITY shall not use the premises for any unlawful purposes. The CITY will use the premises for normal office space and provision of services to the public. NSI agrees throughout the term of this lease to make necessary repairs of improvements to conform with all Municipal, Borough, State and Federal codes, statutes, ordinances and regulations concerning the use and occupancy. NSI shall maintain, or where necessary, alter the premises to comply with all applicable provisions thereof including, but not limited to, the Uniform Building and Fire Codes. 7. CITY'S OBLIGATIONS: The City agrees to assume the following obligations: (1) To keep office spaces in a clean and sanitary condition. (2) To properly dispose of waste and rubbish in a proper manner at reasonable and regular intervals. (3) To properly use and operate all electrical, gas, heat- ing, plumbing facilities, fixtures and appliances. (4) To not intentionally or negligently destroy, deface, damage, impair or remove any part of the premises, their facilities or equipment, furniture, furnishings and appliances. 8. MAINTENANCE OF PREMISES: The CITY agrees to perform the following: (1) Keep the sidewalk surrounding said premises free and clear of all obstructions. (2) To replace in a neat and workmanlike manner all glass and doors broken during occupancy should such damage be caused by the conduct of city business. (3) To use precaution against freezing of water or waste pipes and stoppage of same in and about said premises and that in case water or waste pipes are frozen or become clogged by reason of neglect by the CITY, the CITY shall repair the same at its own expense as well as all damage caused thereby. . NSI AGREEMENT Page three 9. NSI OBLIGATIONS: a. General Obliaation and Indemnification. With respect to CITY's use of the premises, NSI hereby asusmes all risk of noncompliance by CITY with all applicable building, safety, handicap access, fire and other codes, statutes or regulations. NSI agrees to defend, indemnify, and hold CITY harmless with respect to any suit or complaint filed with any court or agency alleging noncompliance with any such codes, statutes or regulations relating to either the CITY's use of the premises or access thereto by CITY personnel or the public. b. Scecific Obliaations. In addition to the above general obligations, NSI agrees to perform the following: Maintain all structural components in good repair. Keep common areas clean and safe from defects increas- ing the hazards of fire or accident. Maintain all electrical, plumbing, heating and other facilities and appliances supplied by NSI in reason- ably good working order and in conformity with the applicable Uniform Electrical, Fire and Building Codes. Make upgrades to the electrical systems to accomodate office needs and machines with an independent electric panel box accessible to office workers. Shall make renovations to carpeting, flooring, ceiling and lighting as needed to provide suitable, safe office work areas. Acquire labor and make payment for carpet shampooing at least twice a year. Provide a reasonable program for the control of infest- ation by insects, rodents and other pests. However NSI shall not be held responsible if infestation is caused by the tenant. (8) Shall wash exterior windows twice per year. (9) Shall be responsible to perform janitorial services to common areas which includes restrooms and hallways. (10) Shall perform renovations to assure handicapped access to a common area and restroom. NSI's obligation to comply with all applicable codes and regulations shall not be limited by this provision. 10. ACCESS: NSI reserves the right of access to the premises for the purposes of: (1) Inspection; (2) Repairs, alterations or improvements; (3) To supply services; or (4) To exhibit or display the premises to prospective or ( 1 ) ( 2 ) (3 ) . ( 4 ) ( 5 ) ( 6 ) ( 7 ) . NSI AGREEMENT Page four actual purchasers, mortgagees, tenants, workmen or contractors. Access shall be at reasonable times except in case of emergency or abandonment. 11. SURRENDBR OJ' PRBXXSBSI Termination of this Agreement shall be by written notice of at least sixty (60) days, preceding the end of any monthly rental period, given by either party to the other. Termination will be caused only under the terms stated in the Addendum to the Agreement or through any cause that would render the facility unsuitable or unsafe for use. 12. COSTS AND ATTORNEY'S J'BBSI If, by reason of any default or breach on the part of either party in the performance of any provisions of this Agreement, a legal action is instituted, the losing party agrees to pay all reasonable costs and attorney's fees in connection therewith. 13. ADDITIONAL TBRMSI If any additional terms are agreed to by the parties, they shall be described and attached to this document. See "Addendum" attached XN WITKBSS WBBRBOJ', the Tenant and Landlord, each hereunto sets his hand. ~~~-- For NSX PARTNB IP 'PO '&o~/S'1 Address d~-lf For ,CX OJ' SBWARD C'>~ ~-4-"'7~- ~tle ~D.....~ a..k. et~lJle'-t . . . ADDENDUM Additional terms of this Agreement will be the committment of the NSI Partnership to provide the following renovations to areas of the Ray Building. These items are - 1) To form a handicap-accessible entryway (ramp and doorway) on the north end of the building. This entryway shall be in conformance with code. 2) To seal the asbestos covering the boiler in the basement section so that encapsulation is accomplished. 3) To patch and seal exterior walls and roofing to prevent further water leakage and concrete degradation. 4) To install windows or exhaust fans in the restrooms not already so equipped. 5) To remove and cap the second floor kitchen sink. 6) To remove the kitchen range located on the second floor. 7) To upgrade the wiring using a certified electrician to minimize fire and employee safety risks. 8) To renovate the stairway landing on the south wing so that current liability risks are resolved. 9) To perform measures that will add to the warmth of the office spaces, Le. installation of thermal pane windows, replace worn weatherstripping on doors, new caulking around window frames as necessary, upgrading heating system as necessary. 10) To replace carpeting, ceilings and fixtures, floor coverings, interior wall paint and lighting when such replacement is required to provide a safe, reasonably comfortable work site and suitable for public visitation. It is agreed by both parties that these items will be performed on a continuous basis pending available contractors and materials. It is the intent of the CITY to lease a suitable facility in which to conduct business, visitation and operations. It is the intent of the ADDENDUM page two NSI PARTNERSHIP to provide a quality facility to assure occupancy of the property. Should any problems arise necessitating communications, the CITY shall route such information to the Assistant City Manager for forwarding to NSI. NSI shall designate a contact person for such contact and communications. It is prescribed within the Agreement that repairs/renovations/remodeling shall take place within one hundred twenty (120) days of the signing of this Agreement. NSI Partnership shall contact the CITY in writing should any delays occur caused by availability of contractors and/or materials. This written notice shall indicate the time period in which NSI anticipates delayed repairs to be made. 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