HomeMy WebLinkAbout0313 - US Bankruptcy Court - Agreement - Facilities Use AgreementFACILITJES USE AGREEMENT EXTENSION AND RENEWAL
BETWEEN THE CITY OF MARYSVILLE AND
THE U.S. BANKRU PTCY COURT
This extension and renewal is made and entered into this day by and between the City of
Marysville, a non-charter code city of the State of Washington, (hereafter "City") and the
United States Bankruptcy Court for the Western Di.strict of Washington (hereafter
"Bankruptcy Court") for the use by the Bank ruptcy Co urt of certain facilities owned by
the City.
WHEREAS, the parties entered into a F ACILITIES USE AGREEMENT
hereafter" Agreement" signed by the Bankruptcy Court on or about November 21, 2012 ;
and
WHEREAS the Agreement will terminate on December 31 , 2016 unless extended
by mutual at,rreement of the parties; and
WHEREAS, the parties have agreed to extend the Agreement to be in effect from
January l, 2017 to December 31 , 2017 pursuant to Paragraph 4 entitled "PERIOD AND
TIME OF USE" by exerdsing "Option 4",
Now, therefore, in consideration of the above representations and the terms and
conditions set forth herein, the parties agree as follows:
Section 1. Pursuant to Paragraph 4 of the Agreement the parties mutually agree to
exercise Option 4 and renew and extend the term of the Agreement from January I , 2017
to December 31 , 2017.
Section 2. Except as provided herein , all other provision of the Agreement shall
remain in full force and effect, unchanged.
Section 3. SEVERABILITY: The terms of this e xtension and renewal are severable
such that if one or more provisions are declared illegal, void, or unenforceable, the
remainder of the provisions shall continue to be valid and enforceable.
Section 4 : The undersigned certify that they are autho rized to sign this extension and
renewal on behalf of the Bankruptcy Court and the City, respectively, and that tl1e
Bankruptcy Court ru1d the City acknowledge and accept the tem1S and conditions herein
and attached hereto.
Pagel of2
M-LJ-084/ Facilities Use Agre ement Renewal 2017 US Bankmptcy Co urt Rev
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS FOR THE
UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON:
By: ";4 -~~
Name: Don Price
Position: Contracting Officer
Dated: 12/01 20 16
~~~~~~~~-
CITY OF MARYSVILLE
By: L2frJt,;
/onNehimg
Position: Mayor
Dated: De.« C> 20 /6
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M-13 -084 / Fa c iliti es Use Agreement Renewal 2017 US Bankruptcy Court Rev
FACILITIES USE AGREEMENT EXTENSION AND RENEW AL
BETWEEN THE CITY OF MARYSVILLE AND
THE U.S. BANKRUPTCY COURT
This is made and entered into this day by and between the City of Marysville, a non-
chaiter code city of the State of Washington, (hereafter "City") and the United States
Bankruptcy Court for the Western District of Washington (hereafter "Bankruptcy Court")
for the use by the Bankruptcy Court of certain facilities owned by the City.
WHEREAS, the parties entered into a FACILITIES USE AGREEMENT
hereafter " Agreement" signed by the Bankruptcy Court on or about November 21, 2012;
and
WHEREAS said agreement will terminate on December 31, 2015 unless extended
by mutual agreement of the parties; and
WHEREAS, the patties have agreed to extend the Agreement to be in effect from
January 1, 2016 to December 31 , 2016 pursuant to Paragraph 4 entitled "PERIOD AND
TIME OF USE" by exercising "Option 2",
Now, therefore, in consideration of the above representations and the terms and
conditions set forth herein, the parties agree as follows :
Section 1. Pursuant to Paragraph 4 of the Agreement the parties mutually agree to
exercise Option 2 and renew and extend the term of the Agreement from Jam1ai·y 1, 2016
to December 31 , 2016.
Section 2. Except as provided herein, all other provision of the Agreement shall
remain in full force and effect, unchanged.
Section 3. SEVERABILITY: The terms of this Agreement are severable such that if
one or more provisions are declared illegal, void, or unenforceable, the remainder of the
provis ions shall continue to be valid and enforceable.
Section 4 : The undersigned certify that they are authorized to sign this Agreement on
behalf of the Bankruptcy Court and the City, respectively, and that the Banhuptcy Court
and the City acknowledge and accept the terms and conditions herein and attached hereto.
Page 1 of 2
M -13-084/ Fa c ilities Use Agreement Ren ewal 2014 US B ankruptcy Court Rev
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS FO R THE
UN ITED STATES B ANKRUPTCY COURT FOR THE W ESTERN DISTRI CT OF W AS H INGTON:
By:_~~-
Name: 1~ Don price
Position: Contracting Officer
Dated: October 22nd 20 15
--------~
CITY OF MARYSVI
r
Po s iti o n: Mayo r
Pag e 2of2
M-13-084/ Facili ti es Use Agreemen t Renewa l 2014 US Dankruptcy Court Rev
FACILITIES USE AGREEMENT EXTENSION AND RENEWAL
BETWEEN THE CITY OF MARYSVILLE AND
THE U.S . BANKRUPTCY COURT
This is made and entered into this day by and between the City of Marysv ill e, a non-
cha1ter code city of the State of Washington, (hereafter "Cit y") and the United States
Bankruptcy Court for the Western District of Washington (hereafter "Bankrupt cy Co urt")
for the use by the Bankruptcy Court of certain faci I ities owned by the C it y .
WHEREAS, the pa1tie s entered into a F ACIUTIES USE AGREEMENT
hereafter" Agreement" signed by the Bankruptcy Court on or about November 21, 20 12;
and
WHEREAS said agreement will terminate on December 31, 2014 unless extended
by mutual agreement of the parties; and
WHEREAS, the parties have agreed to extend the Agreement to be in effect from
January 1,20 15 to December 31, 20 15 pur s uant to Paragraph 4 entitl ed "PERIOD AND
TIME OF USE" by exercis ing "Opti o n 2",
Now, therefore, in consideration of the above representations and the terms and
conditions set forth herein, the parties agree as follows:
Section 1. Pursuant to Paragraph 4 o f the Agreeme nt the parties mutually agree to
exercise Option 2 and renew and extend the term of the Agreement from January 1, 2015
to December 3 1, 20 I 5.
Section 2 . Except as provided herein , a ll o ther provision of the Agreement shall
rem a in in ful l force and effect, unchanged.
Section 3. SEVERABILITY: The term s of this Agreement are severab le such that if
one or more provisions are declared illegal, vo id , or unenforceable, the remainder of the
provi s ions shall continue to be va lid and enforceable.
Section 4: The und ers igned certify that they are authorized to s ign thi s Agreement o n
behalf of the Bankruptcy Co urt and t he City, respectively, and that the Bankruptcy Court
and the City acknowledge and accept the te rms and co ndition s here in and attached hereto.
ADMIN ISTRJ\TTVE O FF ICE OF THE UNITED STJ\TES COURTS FOR THE
UNITED STATES BANKRUPTCY CO URT FOR THE W ESTERN DISTRICT OF WASH INGTON :
Don Price
Page 1 of 2
M-13 -084 / Facilities Use Agreement Rene wal 2014 US Bankniptcy Cou11 Rev
ORIGINAL
Position: Pro perty & Procu re ment Specialist
Dated: November 12th 2014 200
CITY or M ARYSV ILLE
Jon N ehr '
Pos it ion : Mayor
Dated : We em (,.c,L 'K 20 $_,<f'----
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M-13-084/ Facilities Use Agreement Renewa l 20 14 US Bankruptcy Co urt Rev
FACILITIES USE AGREEMENT
The City of Marysville, a non-charter code city of the State of Washington, (hereafter "City") and
the United States Bankruptcy Court for the Western District of Washington (hereafter "Bankruptcy
Court") enter into this Agreement for the use by the Bankruptcy Court of certain facilities owned by
the City, under the terms and conditions ofthis Agreement.
Whereas, the City owns and controls the use of the Municipal Courtrooms at 1015 State Avenue,
Marysville, WA 98270 (hereafter "Facilities"), which Facilities are more particularly described
below; and
Whereas, the Bankruptcy Court desires to use said Facilities, and the City is able and willing to
make said Facilities available for such use by the Bankruptcy Court, for the purposes and activities,
and under the terms and conditions, set forth below;
Now, therefore, in consideration of the above representations and the terms and conditions set forth
herein, the parties agree as follows:
1. GENERAL AGREEMENT. For being permitted to use the Facilities for the purposes and
activities stated below, the Bankruptcy Court agrees to pay the fees and abide by the te1ms and
conditions set forth in this Agreement.
2. AUTHORIZED REPRESENTATIVES. The parties ' authorized representatives for the purposes
ofthis Agreement are as follows:
City of Marysville
Authorized representative: Suzanne Elsner, Municipal Court Administrator
Address: City of Marysville, 1015 State Avenue, Marysville, WA 98270
Phone : 360-3 63-8054
Fax: 360-657-2960
Email: selsner@ci.marysville. wa. us
US Bankruptcy C ourt for the Western District of Washington
Authorized representative: Mark Hatcher, Clerk of the US Bankruptcy Court
Address: U.S . Bankruptcy Court, 700 Stewart Street, Room 6301 , Seattle, WA 98101
Phone:206-370-5205
Fax: 206-370-5210
Email: mark_ hatcher@wawb.uscourts.gov.
3. FACILITIES. Subject to the te1ms and conditions of this Agreement, the City hereby grants the
Bankruptcy Court permission to use the following Facilities located at 1015 State Avenue in the
City of Marysville: Courtrooms #1 and #2.
Page 1of4
4. PERIOD AND TIME OF USE. The permission hereby given shall be for the following duration
and time:
From January 1, 2013 to December 31, 2013 during the hours of 8:00 A.M. to 12:30 P.M., with
the option to extend the term of this Agreement for four (4) years upon agreement of the parties
as follows:
Option 1: from January 1, 2014 to December 31, 2014
Option 2: from January 1, 2015 to December 31, 2015
Option 3: from January 1, 2016 to December 31, 2016
Option 4: from January 1, 2017 to December 31, 2017
5. PURPOSES AND ACTIVITIES. The Facilities may be used for the purpose of conducting
bankruptcy court proceedings.
6. PAYMENT. In consideration of the grant of permission herein contained, the Bankruptcy Court
shall pay to the City the following amount( s) in the manner set forth:
a. $300 for each half-day session, a minimum of two sessions per month.
b. Payment per session will be fixed-price for the duration of the Agreement.
c. Payment on or before the l 5'h day of each month for sessions conducted during the preceding
month by check payable to City of Marysville at City Hall, 1049 State Avenue, Marysville, WA
98270.
7. OCCUPANCY LIMITS: The Bankruptcy Court shall comply with the occupancy limits of the
Facilities, which are as follows:
a. Courtroom #1: 114
b. Courtroom #2: 94
8. ADDITIONAL RULES. The Bankruptcy Court shall comply with the additional rules for its use of
the Facilities, which are attached hereto as Exhibit A and are incorporated herein by this reference:
9. INGRESS/EGRESS. All portions of the sidewalks, entries, doors, passages, vestibules, halls,
corridors, stairways, passageways, and all ways of access to public utilities of the premises must be
kept unobstructed by the Bankruptcy Court and must not be used by the Bankruptcy Court or its
patrons for any purpose other than ingress to or egress from the premises.
10. CONDITION OF FACILITIES. The Bankruptcy Court accepts the Facilities as being clean and in
good condition and agrees to keep the premises in the same condition as when received, reasonable
wear and tear excepted. The Bankruptcy Court shall be financially responsible for the repair and
replacement of any property that is damaged as a specific result of its use, limited by and subject to the
Page 2 of 4
procedures and terms of the Federal Tort Claims Act described in item14 (below).
11. QUIET ENJOYMENT. The Bankruptcy Court shall not permit any waste upon or to the Facilities
or engage in any activity that is unlawful or that constitutes a nuisance or that disturbs the quiet
enjoyment of the ongoing activities of the City. Further, the Bankruptcy Court shall not disturb the
quiet enjoyment of adjacent facilities.
12. TEMPORARY EQUIPMENT AND SIGNS. Temporary equipment and signs may be placed upon
City facilities only with the prior approval of the City's authorized representative. The Bankruptcy
Comt shall remove all such temporary equipment and signs when not using the Facilities and store
them in the location designated by the City.
13. ALTERATIONS. No alterations shall be made to the Facilities without the written approval of the
City. Any alterations shall be at the sole expense of the Bankruptcy Court. Any alterations of the
premises except movable furniture and trade fixtures shall become, at once, a part of the realty and
belong to the City.
14. LIABILITY. Notwithstanding any other terms or provision of this Agreement, the liability of the
Bankruptcy Court with respect to any claim for personal injury, death, property loss or damage
pursuant to this Agreement, shall be limited by and subject to the procedures and terms of the Federal
Tort Claims Act and the Anti-deficiency Act and all other applicable Federal Laws and regulations.
15. INSURANCE. It is understood that the Bankruptcy Court is self insured.
16. WAIVER. The waiver by the City of any breach of any term or condition of this Agreement shall
not be deemed to be a waiver of such term or condition or any subsequent breach of the same or any
other term or condition herein contained. The subsequent acceptance of any payment by the City shall
not be deemed to be a waiver of any preceding breach by the Bankruptcy Court of any term or
condition of this Agreement other than the failure of the Bankruptcy Court to pay the particular sum so
accepted, regardless of the City's knowledge of such preceding breach at the time of acceptance of such
payment.
17. ASSIGNMENT. The Bankruptcy Court shall not assign this Agreement in whole or in part or
allow any use of the Facilities other than as provided herein without the written consent of the City.
Any assignment without written consent shall be void and shall, at the option of the City, terminate this
Agreement.
18. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding of the parties and
supersedes any prior oral or written expressions of the parties.
19. AMENDMENT. Any amendment or modification of this Agreement shall be effective only if in
writing and executed by each of the parties hereto.
20. NOTICE. Any notice, request, or demand or other communication related to this Agreement shall
be given to the parties' authorized representatives as set forth above.
Page 3 of 4
21. GOVERNING LAW. This Agreement shall be construed under the laws of the United States of
America.
22. TERMINATION. This Agreement shall be terminated either on the date set forth under Section 4,
as may be extended by written agreement of the parties, or by either party giving 30 days written notice
to the other party.
23. SEVERABILITY. The terms of this Agreement are severable such that if one or more provisions
are declared illegal, void, or unenforceable, the remainder of the provisions shall continue to be valid
and enforceable.
The undersigned certify that they are authorized to sign this Agreement on behalf of the Bankmptcy
Court and the City, respectively, and that the Bankruptcy Court and the City acknowledge and accept
the terms and conditions herein and attached hereto.
Administrative Office of the United States Courts for the
United States Bankruptcy Comt for the Western District of Washington:
::e: Don Price~ ;L-----
Position: Contracting Officer
Dated: November 21 s t 2012 --------------
City of Marysvillle
By:7~~
Name: ~o.-. A.Uh,,,,... 2f
Position:
Dated: ---+1_....2,,__,b'-"-".z.,,____ _________ 2012
Page 4of4
FACILITIES USE AGREEMENT EXTENSION AND RENEWAL
BETWEEN THE CITY OF MARYSVILLE AND
THE U.S. BANKRUPTCY COURT
This is made and entered into this day by and between the City of Marysville, a non-
charter code city of the State of Washington, (hereafter "City") and the United States
Bankruptcy Court for the Western District of Washington (hereafter "Bankruptcy Court")
for the use by the Bankruptcy Court of certain facilities owned by the City.
WHEREAS, the parties entered into a FACILITIES USE AGREEMENT
hereafter '' Agreement" signed by the Bankruptcy Court on or about Novemh~r 21 , 20 12 ~
and
WHEREAS said agreement will terminate on December 31 , 2013 unless extended
by mutual agreement of the parties; and
WHEREAS, the parties have agreed to extend the Agreement to be in effect from
January 1,2014 to December 31,2014 pursuant to Paragraph 4 entitled "PERIOD AND
TIME OF USE" by exercising "Option 1 ",
Now, therefore, in consideration ofthe above representations and the terms and
conditions set forth herein, the parties agree as follows:
Section 1. Pursuant to Paragraph 4 of the Agreement the parties mutually agree to
exercise Option 1 and renew and extend the term of the Agreement from January 1, 2014
to December 31,2014.
Section 2. Except as provided herein, all other provision of the Agreement shall
remain in full force and effect, unchanged.
Section 3. SEVERABILITY: The terms of this Agreement are severable such that if
one or more provisions are declared illegal, void, or unenforceable, the remahider of the
provisions shall continue to be valid and enforceable.
Section 4: The undersigned certify that they are authorized to sign this Agreement on
behalf of the Bankruptcy Court and the City, respectively, and that the Bankruptcy Court
and the City acknowledge and accept the terms and conditions herein and attached hereto.
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS FOR THE
UNI\'ATES BANKRUPTCY COURT FOR 11iE WESTERN DISTitlCT OF WASHINGTON:
By: L JtA
Name: bell,.,. g :f.<v ,
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M-13-084 / Facilities Use Agreement Renewal 2014 US Bankruptcy Court Rev ORIGINA t
CITY OF MARYSV LE --
Position: Mayor
Dated: lJL)V. a_~ 2o B-7---
Page2 of2
M-13-084/ Facilities Use Agreement Renewal2014 US Bankruptcy Court Rev