07-077.02 Spokane County: Police Precinct Lease a7-a77.b�
ADDENDUM TO THE LEASE AGREEMENT BETWEEN CITY OF SPOKANE VALLEY AND
SPOKANE COUNTY REGARDING THE SPOKANE VALLEY PRECINCT BUILDING
LOCATED AT 12710 EAST SPRAGUE,SPOKANE VALLEY
THIS ADDENDUM is made and entered into by and between the City of Spokane Valley
(hereafter referred to as"City")and Spokane County(hereafter referred to as"County"),hereafter jointly
referred to as the"Parties."
WITNESSETH:
WHEREAS, this Addendum applies to the "Lease Agreement", which is comprised collectively
of the Lease Agreement Between City of Spokane Valley and Spokane County regarding the Spokane
Valley Precinct Building located at 12710 East Sprague, Spokane Valley executed by the County under
Resolution No.07-0750,and the City under signature dated September 13,2007;and the MEMORANDUM
OF UNDERSTANDING"(the"Modification")executed by the County under Resolution No. 14-0799,and
the City under signature dated September 24,2014; and
WHEREAS, the City is the owner of certain premises located at 12710
East Sprague Avenue,Spokane Valley,Washington,99216,which are used as the Spokane Valley Precinct
Building,which primarily houses the City's contracted Law Enforcement Personnel; and
WHEREAS, the Spokane County District Court presently utilizes a portion of the premises for
adjudication of traffic infraction and small claims cases and the County also presently provides services to
citizens in the unincorporated County from the Precinct Building; and
WHEREAS, the Parties desire to make various modifications to the Lease Agreement, most
substantively to extend the term length and to accurately reflect the County's current percentage occupancy
of the Premises.
NOW 'THEREFORE, for and in consideration of the mutual promises set forth hereinafter, and
as provided for in the underlying document entitled Lease Agreement, the Parties do hereby agree as
follows:
1. The second WHEREAS is modified as follows:
WHEREAS, the City obtains police services from County and the Spokane County Sheriff
through a separate Interlocal Agreement. Those police services are provided out of the
Precinct Building, and currently comprise 6.6% la of the use of the Premises.
2. The third WHEREAS is modified as follows:
WHEREAS,the Spokane County Sheriff also presently provides police services to citizens in
the eastern part of unincorporated Spokane County from the Precinct Building. Additionally,
Spokane County District Court presently utilizes a portion of the Premises for adjudication of
traffic infractions and small claims cases. The uses by Spokane County currently comprise
44% 11i4 of the use of the Premises.
3. Section No. 1 PURPOSE is amended as follows:
The purpose of this Lease Agreement is to set forth the PARTIES understanding regarding the
terms and conditions under which the County may occupy a portion of the Premises. The
County currently occupies 4'1%RE of the Premises.
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4. Section No. 3 CURRENT USE OF THE PREMISES is amended as follows:
The City agrees to allow the County to use a portion of the Premises on a yearly basis. County
currently uses 41% la of the Premises for various purposes including but not limited to use
by the Spokane County Sheriff. The Parties anticipate that the County may continue to use up
to 44%E21 of the Premises for criminal justice purposes or purposes not incompatible with
criminal justice related purposesuntil December 31, 2017.
5. Section No. 5 TERM OF LEASE AGREEMENT is amended as follows:
his e. e , • e-,ov nt ha comme r ce o,_ anti . 211run throb: I ece be 31
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cone rasion o t e nitial term s L-as- A: eek er t s al autonriat Ball berenewe•
om ear to eartherea er e'ective Janu. 1 thro _ D e r .The Term of this Lease
Agreement shall begin on September 1,2007,and expire on December 31, 2017.
In the event of a change in use of the Premises pursuant to Section 3, above, the term of the
Lease Agreement may be modified. Either Party may terminate this Lease Agreement for any
reason whatsoever upon 180 days written notice to the other Pa •r o .erw e •re-d ;'•
rite_ b the 'arae . This 180 day requirement is in recognition of the need for advanced
budgetary planning by both entities.
6. Section No. 6 EAS a PAYMENT is amended as follows:
The base annual lease rate cost for 2007 is$9.92 'RI per square foot. The Promises
I he Cou w 11 e char_ed for"the total s•uare o to•e • _c .a•• u - 1 37 • .,.-
Ea For each year thereafter,the lease rate shall be adjusted in an amount equal to the change
in the Consumer Price Index(CPI)—All Urban Consumers. The change in the CPI will be
calculated by taking the CPI average for the entire base year and comparing it to the CPI
average for the subsequent year. For instance,the CPI average for 2-006 E3 will be compared
to the CPI average for the entire year of 2007 Ol , and the percentage difference will be
applied to the lease rate of 2007 k01 to determine the lease rate for 2208 kat The CITY
will bill the COUNTY for the cost of the lease payment as outlined, monthly, by the 15'h of
the month. Monthly payments will be calculated by dividing those annual costs set forth herein
above by twelve(12). Payments by the County will be due by the 5'h of the following month.
The CITY, at its sole option, may change interest on any late payment calculated on any lost
interest earning had the amount due been invested since the due date to the date of payment in
the CITY'S investment pool.
7. Section No. 7, Paragraph No. 3, MAINTENANCE AND OPERATIONS COSTS is
amended as follows:
The City will provide maintenance of the Premises and charge the COUNTY for its
proportionate use. The PARTIES agree that the estimated M&O will be based upon the City's
budgeted M&O for the County's 44%Ea occupancy of the Premises.
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•
-•- •-- - -• • -• • -- - • -- Z. - -- e. C wil .i l the
0 TY or .i _na tee and operations costs b the 1 o t e mon h. • t .a trent
ill be ea u ate. ;• dR •, _ those s ual costs et forth herein a.ove . twe,ve
'a ments b 'the Co wyil be.ue b the 5 .of the follow . month. The C TY at i s sol
•.tion ma ehan'e interest on an lat- .•_ • e; calculated on an ,lost Interest-earn .hac
e a • t due be ve t-d s'ncethe d e •ate to t e-•ate of •a m- t • '= NI
rives• - `' •o•
8. Section No. 12 NOTICES is amended as follows:
All notices or other communications given hereunder shall be deemed given on: (i) the day
such notices or other communications are received when sent by personal delivery; or(ii)the
third day following the day on which the same have been mailed by first class delivery,postage
prepaid addressed to the COUNTY or the CITY at the address set forth below for such Party,
or at such other address as either Party shall from time-to-time designate by notice in writing
to the other Party:
COUNTY: Chairman of Board of County Commissioners
or his/her authorized representative
1116 West Broadway Avenue
Spokane, Washington 99260
CITY: City of Spokane Valley City Manager
or his/her authorized representative
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
°10210 ast Sprague Avenu=
S.okane Valle Wa 'n_ro. !920:
9. Section No. 16 DISPUTE RESOLUTION is amended as follows:
Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be
subject to arbitration. Except as provided for to the contrary herein, such dispute shall first be
reduced to writing and considered by the COUNTY CEO and the CITY Manager. If the
COUNTY CEO and the CITY Manager cannot resolve the dispute, it will be submitted to
arbitration. The provisions of chapter RCW 7.04 shall be applicable to any arbitration
proceeding.
The County and the City shall have the right to designate one person each to act as an arbitrator.
The two selected arbitrators shall then jointly select a third arbitrator. The decision of the
arbitration panel shall be binding on the PARTIES and shall be subject to judicial review as
provided for in chapter RCW 7.04 .
The costs of the arbitration panel shall be equally split between the PARTIES.
IN WITNESS WHEREOF, the Parties have caused this Addendum to be executed on the date and year
opposite their respective signatures.
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DATED: 1' q"i g BOARD OF COUNTY COMMISSIONERS
COMA_
OF SPOKANE COUNTY, WASHINGTON
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%'� 4OE Coi�r6' ,''� aet, _64e..a,-(______,
i . : .e: AL FRENCH, Chair
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ATTEST: ‘,.�� =" JOSH KERNS,Vice-Chair
Cl k of the Board
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1 p - 0 0 3 2 MARY , Com issioner �—
DATED: / 9/ R/ / Y/2 CITY OF SPOKANE VALLEY
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Mark Calhoun,City Manager
Air
Christine Bainbridge,City Clerk
APPROVED AS TO FORM ONLY:
iOffic o`/ -1 the C —119i1E
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Spokane County ty
rih ?12urr attl1� 4; OFFICE OF COUNTY
COMMISSIONERS
n�iri mlflllnl7!�4mrm dn:,
Josh Kerns, 1st District I Mary Kuney, 2nd District I Al French, 3rd District
January 17, 2018
City of Spokane Valley
Chris Bainbridge, City Clerk
10210 E. Sprague Avenue
Spokane Valley,WA 99206
Dear Chris:
Enclosed are the following items:
• (One Original) Resolution No. 2018-0032 "Amendment to the Lease Agreement between
the City of Spokane Valley and Spokane County."
This original is for your records. The Board of County Commissioners has an original filed.
Sincerely,
Shaylynn Bryant
Office Assistant •
Spokane County Commissioners
Encl.
1116 WEST BROADWAY AVENUE, SPOKANE,WA 99260
(509)477-2265