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HomeMy WebLinkAbout4484 Resolution - Greyhound Lease 2024 Resolution – Addendum No. 1 to Greyhound Municipal Lease Agreement - 1 Version 03.04.2024 RESOLUTION NO. 4484 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO. 1 TO THE GREYHOUND MUNICIPAL LEASE AGREEMENT BETWEEN GREYHOUND LINES INC. AND THE CITY OF PASCO FOR SPACE AT THE PASCO INTERMODAL TRANSPORTATION FACILITY. WHEREAS, the City of Pasco (City) entered into a 5-Year Lease with Greyhound Lines Inc. at the Pasco Intermodal Transportation Facility, the “Premises” dated November 1, 2018; and WHEREAS, the original Lease included an option for one 5-year lease extension; and WHEREAS, both the City and Greyhound Lines Inc. desire to extend the Lease Agreement for continued operations of Greyhound Line Inc. at the Premises; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to extend the Lease with Greyhound Lines Inc. at the Premises. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of Addendum No. 1 to the Greyhound Municipal Lease Agreement between Greyhound Lines Inc. and the City of Pasco, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Addendum No. 1 on behalf of the City of Pasco; and to make minor substantive changes necessary to execute the Addendum. Be It Further Resolved, that this Resolution shall take effect immediately. Resolution – Addendum No. 1 to Greyhound Municipal Lease Agreement - 2 Version 03.04.2024 PASSED by the City Council of the City of Pasco, Washington, on this 19th day of August, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, MMC Kerr Ferguson Law, PLLC City Clerk City Attorneys GREYHOUND MUNICIPAL LEASE AGREEMENT ADDENDUM #1 THIS ADDENDUM NO. 1 to the Municipal Lease Agreement (Pasco – Greyhound) Exhibit A between the City of Pasco, “Lessor”, and Greyhound Lines, Inc., a Delaware Corporation “Tenant”, for the use of designated space at the Intermodal Transportation Facility (Original agreement made on November 01, 2018) is entered into on this the _____ day of _______________, 2024. IN CONSIDERATION of the mutual covenants set out in the original agreement, the Parties agree to changes as follows: SECTION 1 3.Term: This lease extension shall commence on November 1, 2023, for a term of sixty (60) months expiring on October 30, 2028. Either party may terminate this lease prior to the expiration by giving the other party one (1) year advance notice of their intent to terminate the lease. SECTION 2 4.1 Rent: Lessee shall pay Lessor rent for the use of the premises. The rent payment amounts shall be as follows over the life of the agreement: Monthly Rent 1st Year of Lease (November 2023 – October 2024) $2,605.39/mo 2nd Year of Lease (November 2024 – October 2025) $2,683.55/mo 3rd Year of Lease (November 2025 – October 2026) $2,764.06/mo 4th Year of Lease (November 2026 – October 2027) $2,846.98/mo 5th Year of Lease (November 2027 – October 2028) $2,932.39/mo 4.2 Leasehold excise tax: Tenant shall also pay monthly to Landlord contemporaneous with each Rent payment, the requires statutory Washington State Leasehold Excise Tax is levied pursuant to Chapter 82.29A RCW and shall be above and beyond the rental amount(s) listed above. Leasehold Excise Tax payments shall be payable as follows, but subject to change if the rate is amended: 1st Year of Lease (November 2023 – October 2024) $334.53/mo 2nd Year of Lease (November 2024 – October 2025) $344.57/mo 3rd Year of Lease (November 2025 – October 2026) $354.90/mo 4th Year of Lease (November 2026 – October 2027) $365.55/mo 5th Year of Lease (November 2027 – October 2028) $376.52/mo Rent and Leasehold tax shall be payable on the first day of each month and sent to: City of Pasco PO Box 293 Pasco WA 99301 EXHIBIT A SECTION 3 2.3 Affiliates: Landlord acknowledges and confirms Tenant’s affiliates, subsidiaries, and bus partners, including but limited to FlixBus, Inc., are allowed to utilize the space at the Intermodal Transportation Center for the purpose allowed in Paragraph 5 of the Municipal Lease Agreement dated November 1, 2018. SECTION 4 24.9 Successors and Assigns: This lease shall inure to the benefit of and shall be binding upon the parties hereto and their respective heirs, executor’s, administrators, personal representatives, successors, and assigns with the same effect as if they were in every case specifically named. SECTION 5 19 Notices: All acceptance, approvals, consents, notices, and demands or other communications required or permitted to be given or sent by either party to the other, unless otherwise provided, shall be deemed to have fully given when made in writing and delivered in person ir deposited in the United State mail, certified and postage prepaid, addressed to: LANDLORD: City of Pasco Attn: Parks and Recreation Department 525 N 3rd Ave Pasco, WA 99301 TENANT: Greyhound Lines, Inc Legal Department 315 Continental Dallas TX, 75207 With Copy to: Greyhound Lines, Inc Real Estate Department 315 Continental Dallas TX, 75207 IN WITNESS THEREOF, the Parties have executed this addendum on the date and year first written above. Landlord: Tenant: CITY OF PASCO GREYHOUND LINES, INC. By: __________________________________ By: __ ______________________________ Adam Lincoln – City Manager Date:_________________________________ Date:___April 2, 2024____________________________ (Signatures continue next page) Approved as to form: ____________________________________ Kerr Ferguson Law, PLLC City Attorneys