CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
AN ORDINANCE relating to the Department of Finance and Administrative Services; authorizing the Director of the Department of Finance and Administrative Services or the Director’s designee to negotiate and execute a real property lease with the Washington State Department of Transportation on behalf of the Seattle Department of Transportation; and ratifying and confirming certain prior acts.
body
WHEREAS, the Washington State Department of Transportation (WSDOT) owns the premises located in the city of Seattle, King County and known to be a portion of the highway right of way of SR 5, Seattle Freeway: Plum Street to Jackson Street, hereafter referred to as the “Royal Brougham Property”; and
WHEREAS, the Royal Brougham Property consists of approximately 63,544 square feet, and a vertical limit of 22 feet 7 inches above the surface of the premises; and
WHEREAS, The City of Seattle (“City”), and specifically the Seattle Department of Transportation (SDOT), has been occupying and making improvements at the Royal Brougham Property since April 2017 for essential business needs and the preservation of public safety; and
WHEREAS, vacating this land would require relocating existing SDOT equipment storage, for which it is unlikely an alternate site could be located for the same cost; and
WHEREAS, SDOT engaged the Department of Finance and Administrative Services (FAS) to develop and execute a lease with WSDOT to formalize the agreement of the two parties; and
WHEREAS, WSDOT has agreed to lease the property to the City for a six-year lease term with two five-year renewal options beginning April 1, 2017, and waive rent payments, in exchange for rehabilitation and construction work already performed by SDOT for the period April 1, 2017 thru December 31, 2020, with rent therefore commencing January 1, 2021; and
WHEREAS, the monthly lease rates beginning January 1, 2021 are $14,900 per month, with an option for WSDOT to increase the monthly rate by two percent each year thereafter; and
WHEREAS, the Seattle Department of Transportation has sufficient budget authority in the 2022 Budget in the Transportation Fund to pay the rent accrued to date, as well as the remaining 2022 rent for the premises; and
WHEREAS, the authority of the Director of Finance and Administrative Services under Seattle Municipal Code Section 3.127.020 is limited to negotiating and executing leases, for and on behalf of the City, that do not exceed five years and that do not lease more than 18,000 square feet of yard space; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. The Director of Finance and Administrative Services (“Director”) or the Director’s designee is authorized to negotiate and execute, for and on behalf of The City of Seattle (“City”), a lease, with the Washington State Department of Transportation, substantially in the form of Attachment A to this ordinance and identified as Lease Agreement, providing for the City’s use and occupancy of the real property known as the Royal Brougham Property in Seattle.
Section 2. The lease payments contemplated by the terms of any lease agreement or amendment authorized in Section 1 of this ordinance shall be charged to the appropriate expenditure allowance in the budget of the Seattle Department of Transportation.
Section 3. Any act consistent with the authority of this ordinance taken after its passage and prior to its effective date is ratified and confirmed.
Section 4. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.
Passed by the City Council the ________ day of _________________________, 2022, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2022.
____________________________________
President ____________ of the City Council
Approved / returned unsigned / vetoed this ________ day of _________________, 2022.
____________________________________
Bruce Harrell, Mayor
Filed by me this ________ day of _________________________, 2022.
____________________________________
Monica Martinez Simmons, City Clerk
(Seal)
Attachments:
Attachment A - Royal Brougham Property Lease Agreement