HomeMy WebLinkAboutResolution 2013-004 office lease for Rep KirkpatrickMA R N 2013-004
RELATING TO REAL ESTAT'E; APPROVING AND AUTHORIZING TI-� TOWN MANAGER
TO EXECUTE A DISTRICT OFFICE LEASE AGREEMENT BETWEEN THE TOWN OF MA-
RANA AND REPRESENTATIVE ANN KIRKPATRICK OF THE U.S. HOUSE OF REPRE-
SENTATIVES
WHEREAS Representa.tive Ami Kirkpatxick of the U.S. House of Representatives has a need
for office space in her District for the purpose of serving eonstituents; and
WHEREAS the Town of Marana has available office space at the Marana. Municipal Com-
plex; and
WHEREAS the Mayar and Council of the Town of Marana find it is in the best interests of
its citizens to enter into a lease agreement for the purpose of providir�g office space to Representative
Kirkpatrick.
NOW, THEREF4RE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF l��L�RANA, that the District �ffice Lease agreement between the Town of Marana and
Representative Ann Kirkpatrick of the U.S. House of Representatives attached to and incorporated
by this reference in this resolution as E�iibit A is hereby approved, and the Town Mana�er is hereby
authorized and directed to execute it for and on behaif of the Town af Marana..
IT IS FURTHER RESOLVED tha.t the Town's Manager and staff are hereby directed and au-
thorized to undertake all other tasks necessary to carry out the terms and objectives of the District
Office Lease agreement.
PASSED and ADOPTED by the Mayor and Council of the To f ana, Arizona,
this 15�' da.y af January, 2013. ;
ATTEST:
Bronson, Town Clerk
, `�'own
�
�./ .����..
� � •
Maraaa Resolution 2013-Od4
21.5. �£uuse of �pre�entatives
Washington, D.C. 24515
�t Office Lease
(Page 1 of 2 —113�' Cangress)
Pursuant to 2 U.S.C. § 57, and tlae Regulatians of the Committee on House Administration (as modified
from time to time by C�mmittee Order) relatiug to offzce space in home distxicts,
Town of Marena 11555 West Civ� Ce�ter Drive, Marana, AZ 85653
(LandioM's name) Landlord's street a ress, cily, stafe, Z code)
("Lessor"), and �+� �� a Member/Member-Elect of the U.S. House of
� Representaxives ("Lessee"}, agree as follows:
1. Location. Lessor shall lease to Lessee �� square feet of office space locaxed at
� 1555 Wesf t�vic Center Drtve, Marana, AZ 85653
(Office streef address}
zn the city, state �d ZIP code of M��. ���
{Ofrice ctiy, state and ZiP)
2. Parking. The Lease includes (please check any and all that apply):
0 parking sPaces thax are assigned
� parking spaces that are unassigned
a General off-street parking on an as available basis
Q No off-street parking _
3. Term. Lessee shall have and hold the leased premises for tiie period beginning
January 16 . 2fl 13 and ending ���rn 2 , 20 �� . The tezxn of this
District Office Lease ("LEASE"} may not exceed two years and m�ay not extend beyond January
2, 2415, wluch is the end of the cons�itutional teim of the Congress to wbich the Member is
elected.
4. Ren� The montlaly rent shall be ��•� , and is payable iu� arrears oz� oz before the
last day of each ea.iendar month. Rent payable umder t�us LEASE sha]l be pmrat�l an a daily
basis for any fraction of a month of occupancy.
5. Early Termination. This Lease may be terminated by sither party giving � days' prior
written notice to the other garty. The comznencement date of such termination notice shall be the
date such notice is delivezed or, if �►ailed, the date such notice is postcnaxi�ed.
6. 1'a�men�,s. During the term of this I,ease, rent payments under Section 4 shall be remitted to the
Lessor by tlae Chief Administrative Of�icer of the U.S. House of Representaxives ("CA�"} on
behalf of the Lessee. _
7. District Office Lease Attachment for 113` Cangress. The Distriet Office Lease Attachment
attached hereto is incorpora,ted herein by reference, and this Lease shatl have no force oi effect
unless and until accompanied by an executed District Office Lease Attachment for the 113�`
Congress.
8. Counterparts. This Lease may be executed in any nu�nber of cowiteiparts and by facsimile
copy, each of whieh shall be deemed to be an ozigival but all of which together shall be deemed
to be ane and the same insmiment.
v.S. �£ouse of �gpresent.utives
w�n��co�, n.c. zosis
D�StriCt O� U��' '
(Page 2 of 2— 4 43"' Congress)
9.
10.
11.
Section Headings. The section headings of tlus Lease are for eonveniencs of reference only and.
shallnot be deemed to limit or affect any of the pmvisions hereo£
Modifications. Any amendm�nts, additions or modificaxi.ons to tbis Lease inconsistentwith
Secrions 1 through 9 above shall have no force or effect to the extent of such inconsistency.
Other. Adt�Ztionally, tlze Lessor and the Lessee agree to the following:
IN VViTNESS VVI�REOF, the parties have duly executed this District Office Lease as of the later date
written below by the L€:ssor or the Lessee.
Town of Marana - Gifbert Davidson
Print Name {LessorlLandlord)
ssor Sigaature
���5 ����
Date
Ann Kirkpatrick
Print Name (L,essee)
.
f
Le Si
1 1t �j� "
xte
Approveci as to Form
ow Attorney � � � � �
This District �'rce Lease must be accompatcied hy an executeal Dishzet O,,�ce Lease At#achment.
`Z>.S �il�ouse of Rgpresentatives
Washington, D.C. 20515
D�triiCt Ofif�e Le�e �ttachme�rrt
(Page 1 of 4 -113"' CAngressj
i. Incorporated Districf Office Lease Attachment Lessor (Landlor� and Lessee
(Member/Member Elect of the U. S. House of Representatives} agree that this District Office
Lease Attachment ("Attachment") is incorporated into and ma.de part of the Lcase ("Leas�'� and,
if applicable, Disirict Office Lease Amendment ("Amendm�nt'� to wluch it is attached.
2. Performance. Lessor expressly aclaiowledges that neither the U.S. Hause of Representatives
("House"} nor its Officexs a�re liable foz the performanca of the Lsase. Lessor fizrther expressly
acl�owletiges that payments made by the Chief Administrative Officer of tbe House ("CAO'� to
Lessor to satisfy Lessea's rent obligations under the Trease — which payments are zx�ad.e so�ely on
behalf of Lessee in supportof his/her official and representationai duties as a Member of the
House — s�iall create no legal obligation or liability on the part of the CAO or �he House
whatsoever. Lessee shaJ1 be solely iresponsible for the performance of the Lr.ase and Lessor
expressly agrees to look solely #o Lessee for such perfozman.ce.
3. Modific�tians. Any amendment to the Lease must be in writing and signed by the Lessor and
Lessee. Lessor and Lessee atso understand and aclanowledge that the Administca�rive Counsel for
the CAO {"Admznistrative Counsel"} must review and give approval of any amendment to the
Lease priar to its execution.
4. Compliance with House RuIes and Regulations. Lessor and Lessee understand and
acknowledge that the Lease shall not be valid; and f,he CAO will not authoriae the disburse�nent
af funds ta the Lessar, unt� the Administrative Counsel has reviewed the Lease to determine t�at
it complies witl� the Rules of the House and the Regulations of the Comtnittee on House
Administratian, and approved the Lease hy sigui.ug on page 4 of this Attachment.
5. Payments. The Lease is a fixed term isase with monthly installments for which payment is due
iui arrears on or before the end of each calendar month. In the event of a payment dispute, Lessor
_ agrees to contact the Offtce of Finance of the House at 202-225-7474 to attempt ta resolve the
dispute before conta.cting Lessee.
6. Void Provisions. Any provision in the Lease purporting to require the payment of a seeurity
deposit shall ha.ve no force or effect. Furthermore, any provision iun the Lease putparting to vary
the dollar ainount of the rent specified in the Lease by any cost of living elause, operating
expense clause, pro rata eacpense clause, escalation clause, or any other adjustment or measure
during the term of the Lease shall have no farce or effect.
7. Certain Charges. The patties agree that any charge for default, early termination ar cancell:ation
of tlae I,�ase which results from actions taken by or on behal#'of the Lessee s�xail=be the so2e
respansibility of the L,sssee, and shall not be paid by the CAQ on behalf of the Lessee: �-
8. Death, Resignation or Removat. In the event I.essee dies, resigns or is removed from office
during the term of the L.esse, the Clerk of tl�e Hause may, at his or her sole optian, either. (a)
terminate the Lease by giving tlurty (30} da.ys' prior written natice 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 cerkification of the election of the Lessee's suceessor. In the event the Clerk
elects "to terminate the I,ease, ttie commencement cfiate of such thirty (30} day tennination notice
shall be the date such notice is delivered ta the Lessor or, if mailed, the date on which such notice
is poshnarked.
`t�.S. 7fouse of �resentatives
Washington, D.C. �0515 .
�S�i� � r� �,�Se a���
(Page 2 of 4 —113�' Congress)
4. Term. The term of tlie Lease may nat exceed the constiiutional term of the Congress to which
the Lessee has been elected. The L�ase may be signed by the Member-Slect before taking affice.
. Should the 1Vle�nber-Elect not take office to serve as a Member of the I13'� Congress, the Lease
will be considered nuIl and void.
1.0. Early Teruaiuuation. If either Lessor or Lesse� tennin�.ates the Lease under the tenms of the Lease,
the terminating party agrees to promptly file a copy of any termination notice with the Office of
Finance, U.S. House ofRepresentatives, B-245 Longworth House Office Building, Washington,
D.C. 20515, and urith the Administrative Counsel, Office of the Cluef Administrative Officer,
U.S. Hause of Representa.tives, 217 Ford House Office Building, Washington, D.C. 20515.
11. Notifieatioa apon Ocearrence of Certain Events. 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 prernises is foreclosed upon; or in the evenE of any similar occurrence. Lessee
sha11 promptly file a copy of any such notice with t�:e Office of F+inaaee, U.S. House of
Representatives, B-245 Longworth I3ouse Office Bwildin�, Washington, D.C. 20515.
12. Estoppel CertiFicates. Lessee agrees to sign au estappel certificate relatin� to the leased
pzemises {usually used in instances when the Lessor is selling or refinancing the building) upon
the request of the I.essor. Sucb an estagpel certificate shall not require the zeview and approvai
of the Administrative Counsel.
13. 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.
14. Maintenance of Structural Components. Lessor also agrees to maintain in goad order, repair
or replace as needed, at its sole expense, all structural and other components o£ the premises
including, but not limited to, roo£s, ceilix�gs, walls (interior and exterior), floors, windows, doors,
foundafions, fi7chxres, and all mechanical, plumbing, electrical and air conditioiung/heating
systems or equipment {including window air conditioning units pravided by the Lessor) serving
the premises.
15. Lessor Liablil'rty for Failnre to Main#sin. Lessor sha11 be liable for any damage, either to
persons or property, sustained by I,essee or any of his or her ezx►ployees ox guests, caused by
Lessor's failure to fulfill its obligations wnder Sectiotts 13 and �4.
16. 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 sha11 be included in the annual rental raxe.
17. Federal Tort Claims Ac� Lessor agrees that the Federal Tort Clai�ns Act, 28 U.S.C. §§ 26�1-
80, satisfies any and all obligations on the part af the Lessee to purehase private liabzliiy
insurance. Lessee shall nat be required to provide any certificates of insurance to Lessar.
v S. �fouse of �gpresentatives
Washin,gton, D.C. 20515
�s�ct of�ce Lease a��hm�t
(Page 3 of 4 —113�' Congress}
18. Limftation of Li�bility. Lessor agrees that neither Lessee nor the House nar any of the House's
officers or employees will indemnify oz hold harm_less Lessor against auy liability of Lessor #o
any third party that may axise during or as a result of the Lcase or Lessee's tenancy. '
19. Compliance with Laws. Lessor shall be soleiy responsible for connplying with a11 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 cflmmon areas of ttis building anEd the leased space of the Lessee. �
20. Electronic Funds Transfer. Lessor agrees fo accept monthly rent payments by Ele�tronic Funds
Transfer and agrees to provide the Dffice of Fiu�ance, U.S. House o£Representatives, wit� aIl
banking zn.formation necessary ta fa.cilitate such payments.
21. Refunds. Lessor shall pmmptly refiuzd to the CA.O, wit�hout fonm� dema�nd, any payment made
to the Lessor by the CAC? for any period for which rent is not owed because the Lease has ended
or be,�n tenninated
22. Conflict. Should any provision of this Atta:chment be inconsistent with any provision of the
attack�ed Lsase or attached Amendment, the provisions of this Attachment shall control, and those
inconsistent provisions of the Lease or the Amsndment shall have no force and effect to the
extent o£ such inconsistency.
23. Constructfon. Unless the clear meaning requires otheiwise, words of feminine, masculine ar
neuter gender inclu.de all other genders a�l, wherever appropriatc, words in the singular include
the plurat and vice versa.
Z4. Fair Market Value. The Lease or Amendment is entered into at fair maxket value as the result
of a bona fide, ara�s-length, market�alace transaction. The I.essor and Lessee certify that the
parties aze not relatives uor I�ave had, ar continue to have, a professional or legal relationship
{except as a landlord and tenant}.
25. Dis#rict Certification. The Lessee certifies that the o£fice spaee that is the subject of the Lease is
loeated within #he district the Lessee was elected to represent unless otheiwise authoxized by
Regula#ions of the Commi.ttes on House Administrat�on.
Z6. Counterparts. TYus Attachment may be executed in any number of counterparts and by
facsirnile copy, each of which shall be decmed to be an original but all of which together shall be
deemed to be one and the same instzvment.
27. Section Heaclings. The section headings of this Attachment are for convenience of reference
only and sha:ll not be dee�med to limit or affect any of the provisions hereof.
[Signatc�e page follows.]
�1.5. �fouse of 2��presentatives
Washington, D.C. 2Q515
�
I�tr�t Office Le�se Att�hn��rt
{Page 4 of 4 —193�' Congre,ss}
1N WITNESS WHF.REOF, the parties have duly executed ihis District Office Lease Attachment as of the
later date written below by the Lessor.or the Lessee.
Town of Marana - Gilbert Davidson
__ _
Print Name (Lessor)
��r �,1� �,�1�-
v Lessor Signature
/ �i� / r3
—� Date
Ann Kirkpatriek
_ Print Name (Lessee)
i
s ee Si ture
t�1l�zot�
Date
From the Member's Office, who ia the point of contact for questions?
Name _ _ _ �^ � Phone ( � ) �� &maii c;am,en.ceeus
This District Office L�se Attachment and the attached Lease or Amendment h$ve been reviewed and are
approved, pnrsuant to Regnlations o€ the Commiltee on $ouse Administration.
Signed Date
{Adminishtative Covnsel)
20
0
t0:
nsel, 217 FordHouse OfJice B�
also be faxed io 202-225-6999
w�h�,gro�,n.c zos