HomeMy WebLinkAbout2106 ResolutionCITY OF PASCO, WASHINGTON
RESOLUTION NO.a\C)(;
A RESOLUTION of the City Council of the City of
Pasco, Washington, approving and authorizing the
execution and delivery of a Construction Contract for the
Civic Center project and a Ground and Building Lease and
a Lease relating to the lease financing of a portion of
the Pasco Civic Center project.
WHEREAS, City of Pasco, Washington (the "City"), is the owner
of certain real property located in the City known as the Pasco
Civic Center (the "Civic Center"); and
WHEREAS, under the Constitution and the laws of the State of
Washington, including chapter 35.42 RCW, the City is authorized, as
lessor, to lease out real property owned by the City on terms and
conditions that require the lessee to construct thereon certain
improvements for the use of the City, and is further authorized
following completion of construction of those improvements, as
lessee, to lease back the land and those Improvements for City use;
and
WHEREAS, City has heretofore advertised for bids for the
remodeling and construction of the Civic Center (the "Civic Center
Project"), including that portion of the Civic Center Project
described as "Alternate X" and consisting of the North Wing of the
Pasco Civic Center (the "Leased Premises") that will house the
Police and Park Departments of the City (the "Improvements"); and
WHEREAS, the Pasco City Council by motion passed unanimously
on November 15, 1993, declared the bid of Levernier Construction,
Inc. (the "Lessee"), to construct the Civic Center Project,
including the Improvements, to be the most advantageous to City and
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authorized the City to execute contract documents necessary for
construction of the Civic Center Project; and
WHEREAS, the City has caused to be prepared and there is on
file with the City Clerk a Standard Form of Agreement Between Owner
and Contractor dated January , 1994, including the
Specifications, Drawings, Addenda and other related documentation
incorporated therein (the "Construction Contract"), to be entered
into by the City and Lessee for the construction of the Civic
Center Project, including the Improvements; and
WHEREAS, pursuant to a form of Ground and Building Lease
(the "Ground Lease") presented to the City Council and on file with
the City Clerk, the City desires to lease the Leased Premises to
Lessee for the purposes of permitting Lessee to construct the
Improvements pursuant to the Construction Contract; and
WHEREAS, pursuant to a form of Lease (the "Lease") presented
to the City Council and on file with the City Clerk, the City also
desires, simultaneously with the lease of the Leased Premises, to
lease back the Improvements, which Lease provides that in no event
shall City as tenant thereunder be liable for all or any part of
the cost of construction of the Improvements nor shall City as
tenant thereunder be liable for payment of rent under the Lease
unless and until the Improvements have been substantially completed
and are available for use by the City; and
WHEREAS, the City intends that the Leased Premises shall be
used solely for purposes of construction of the Improvements, and
with such use limitations, the Leased Premises have nominal value
to third parties; and
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FORM VE :
City Clerk
Ciq Attorney
109459A01
WHEREAS, any rental charged under the Ground Lease will be
passed on by the Lessee to the City pursuant to the Lease, and the
City has found that such rent pass-through and the use restrictions
on the Leased Premises result in a maximum feasible rental for the
property of $100 for the entire term of this Ground Lease; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ,PASCO,
WASHINGTON, as follows:
Section 1. The Construction Contract, Ground Lease and the
Lease substantially in the forms presented to the City Council and
on file with the City Clerk are approved.
Section 2. The Mayor is authorized to execute and deliver on
behalf of the City the Construction Contract, the Ground Lease and
the Lease, with such changes, if any, as are necessary to
effectuate the construction of the Civic Center Project, including
the Improvements on the Leased Premises, and consistent with the
essential terms of the documents approved by this resolution.
The foregoing resolution was ADOPTED by the City Council of
the City of Pasco, Washington, at a regular open public meeting
thereof this _3 day of January, 1994.
ATTEST:
14 ,,,,_:./-)446y.,-,-.)
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