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HomeMy Public PortalAboutAddendum No. 2 to Contract No. 156-2012 - Congressman's Office - Lease Agreement1-1 I V.S. Mouse of Representatives Washington, D.C. 20515 (Page 1 of 2 — 116' Congress) 1. Prior Lease Term. The undersigned Landlord ("Lessor") and Member of the U. S. House of Representatives ("Lessee") agree that they previously entered into a District Office Lease ("Lease") (along with the District Office Lease Attachment), which covered the period from Ir"i5 to 11=17 for the lease of office space located at 50 NCO Street god Floor in the city, state and ZIP of Richmond, Wana47374 2. Extended Term. If applicable, the above referenced Lease is extended through and including JanuWy . 2019 . (This District Office Lease Amendment ("Amendment") may not provide for an extension beyond January 2, 2019, which is the end of the constitutional term of the 115's Congress.) 3. Rent and Any Other Changes. The monthly rent for the extended term of the Lease shall now be $lat . All other provisions of the existing Lease shall remain unchanged and in full effect, except for the following additional terms, which are modified as indicated in the space below [If no additional terms are to be modified, write the word "NONE" below). NONE 4. District Office Lease Attachment for 1156 Congress. This Amendment shall have no force and effect unless and until accompanied by an executed District Office Lease Attachment for the 1 l 5* Congress and the District Office Lease Attachment for the l I e Congress attached hereto supersedes and replaces any prior District Office Lease Attachment. S. Counterparts. This Amendment may be executed in any number of counterparts and by facsimile copy, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. 6. Section Headings. The section headings of this Amendment are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. [Signature pageJollcnvs. Addendum No. 2 to Contract No. 156-2012 e,_ V.S. Mouse of Qspresentatives Washington, D.C. 20515 18Vd Office LM AMt t (Page 2 of 2 — 1 le Congress) IN WITNESS WHEREOF, the parties have duly executed this District Office Lease Amendment as of the later date written below by the Lessor or the Lessee. City of Richmond,Board of Works Luke Messer Print Name of LessorJLandlord/Company By: Lessor Signature Name: Vicki Robinson Title: President Date BY: -- Lessor Signature Name: Richard Foore Title: Member Name: Anthony Title: Member Date APPROVED: M S ow, yor O 3 -/ Date Print Name of Lessee Lessee Signature Date This District Office Lease Amendment must be accompanied with an executed District Office Lease Attachment V.S. Mouse of *presentatim Washington, D.C. 20515 MW Offt Lm Attadeat (Page 1 of 5 -Ile Congress) SECTION A (Lease Amenities) Section A designates whether the leased space will be the Member/Member-Elect's flagship (primary) office and sets forth the amenities provided by the Lessor to be included in the Lease. Except as noted below, the amenities listed are not required for all district offices. To be completed by the Member/Member-elect: The leased space will serve as my flagship (primary) District Office. E] The leased space will NOT serve as my flagship (primary) District Office. To be completed by the Lessor: ® Amenities are separately listed elsewhere in the Lease. (The below checklist can be left blank if the above box is checked.) The Lease includes (please check and complete all that apply): (Items marked with an asterisk and in bold are re aired for all flagship offices of Freshman Members of the 115* Congress.) ❑ * Broadband and/or Cable Access to the Leased Space (e.e. Comcast, Cox, Verizon. e(c.). (Verb broadband access by entering the address of the leased space at invw.hr wdbandmap.mv) 0 * Interior Wiring CAT 5e or Better within Leased Space. ❑ Lockable Space for Networking Equipment. O Telephone Service Available. O Parking. ❑ Assigned Parking Spaces ❑ Unassigned Parking Spaces ❑ General Off Street Parking on an As -Available Basis ❑ Utilities.Includes: ❑ Janitorial Services. Frequency: ❑ Trash Removal. Frequency: O Carpet Cleaning. Frequency: O Window Washing. ❑ Window Treatments. ❑ Tenant Alterations Included In Rental Rate. ❑ After Hours Building Access. ❑ Mice Fumishinga. Includes: ❑ Cable TV Accessible. If checked, Included in Rental Rate: o Yes ❑ No O Building Manager. ❑ Onsite ❑ On Call Contact Name: Phone Number: Email Address: Send completed form to: Administrative Counsel. 217 Ford Noose Office Building. tKuhingtoa. D.0 20315. Copies may also be faxed to 202-215-6999. Print For Save Form Clear Page V.S. Ifouse of Representatives Washington, D.C. 20515 District NO lease Athol (Page 2 of 5 -115ei Congress) SECTION B (Additional Terms and Conditions) 1. Incorporated District Office Lease Attachment. Lessor (Landlord) and Lessee (Member/Member-Elect of the U.S. House of Representatives) agree that this District Office Lease Attachment ("Attachment") is incorporated into and made part of the Lease ("Lease") and, if applicable, District Office Lease Amendment ("Amendment") to which it is attached. 2. Performance. Lessor expressly acknowledges that neither the U.S. House of Representatives (the "House") nor its Officers are liable for the performance of the Lease. Lessor further expressly acknowledges that payments made by the Chief Administrative Officer of the House (the "CAO") to Lessor to satisfy Lessee's rent obligations under the Lease -- which payments are made solely on behalf of Lessee in support of his/her official and representational duties as a Member of the House — shall create no legal obligation or liability on the part of the CAO or the House whatsoever. Lessee shall be solely responsible for the performance of the Lease and Lessor expressly agrees to look solely to Lessee for such performance. 3. Modifications. Any amendment to the Lease must be in writing and signed by the Lessor and Lessee. Lessor and Lessee also understand and acknowledge that the Administrative Counsel for the CAO ("Administrative Counsel") must review and give approval of any amendment to the Lease prior to its execution. 4. Compliance with House Rules and Regulations. Lessor and Lessee understand and acknowledge that the Lease shall not be valid, and the CAO will not authorize the disbursement of funds to the Lessor, until the Administrative Counsel has reviewed the Lease to determine that it complies with the Rules of the House and the Regulations of the Committee on House Administration, and approved the Lease by signing the last page of this Attachment. 5. Payments. The Lease is a fixed term lease with monthly installments for which payment is due in an -ears on or before the end of each calendar month. In the event of a payment dispute, Lessor agrees to contact the Office of Finance of the House at 202-225-7474 to attempt to resolve the dispute before contacting Lessee. 6. Void Provisions. Any provision in the Lease purporting to require the payment of a security deposit shall have no force or effect. Furthermore, any provision in the Lease purporting to vary the dollar amount of the rent specified in the Lease by any cost of living clause, operating expense clause, pro rate expense clause, escalation clause, or any other adjustment or measure during the term of the Lease shall have no force or effect. 7. Certain Charges. The parties agree that any charge for default, early termination or cancellation of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole responsibility of the Lessee, and shall not be paid by the CAD on behalf of the Lessee. 8. Death, Resignation or Removal. In the event Lessee dies, resigns or is removed from office during the term of the Lease, the Clerk of the House may, at his or her sole option, either. (a) I Sena comptefed forms to: Administrative Counsel, 217 Ford Houw Wice Building. Washington, D.C. 20 //S. Copies may also be fared to 202-22S-6999. 7) S. Zouse of Representatives Washington, D.C. 20515 Dstriet Offt Leap Attachment (Page 3 of 5 — 11e Congress) terminate the Lease by giving thirty (30) days' prior written notice to Lessor; or (b) assume the obligation of the Lease and continue to occupy the premises for a period not to exceed sixty (60) days following the certification of the election of the Lessee's successor. In the event the Clerk elects to terminate the Lease, the commencement date of such thirty (30) day termination notice shall be the date such notice is delivered to the Lessor or, if mailed, the date on which such notice is postmarked. 9. Term. The term of the Lease may not exceed the constitutional term of the Congress to which the Lessee has been elected. The Lease may be signed by the Member -Elect before taking office. Should the Member -Elect not take office to serve as a Member of the I I5°i Congress, the Lease will be considered null and void. 10. Early Termination. If either Lessor or Lessee terminates the Lease under the terms of the Lease, the terminating party agrees to promptly file a copy of any termination notice with the Office of Finance, U.S. House of Representatives, O'Neill Federal Building, Suite 3220, Attn: Levi Matthews, Washington, D.C. 20515, and with the Administrative Counsel by e-mail at leases@mail.house.gov. 11. Assignments. Lessor shall not have the right to assign (by operation of law or otherwise) any of its rights, interests and obligations under the Lease, in whole or in part, without providing thirty (30) days prior written notice to Lessee, and any such purported assignment without such notice shall be void. Lessor shall promptly file a copy of any such assignment notice with the Administrative Counsel by e-mail at leases@mail.house.gov. 12. Sale or Transfer of Leased Premises. Lessor shall provide thirty (30) days prior written notice to Lessee in the event (a) of any sale to a third party of any part of the leased premises, or (b) Lessor transfers or otherwise disposes of any of the leased premises, and provide documentation evidencing such sale or transfer in such notice. Lessor shall promptly file a copy of any such sale or transfer notice with the Administrative Counsel by e-mail at leases ce mail.house.gov. 13. Bankruptcy and Foreclosure. In the event (a) Lessor is placed in bankruptcy proceedings (whether voluntarily or involuntarily), (b) the leased premises is foreclosed upon, or (c) of any similar occurrence, Lessor agrees to promptly notify Lessee in writing. Lessor shall promptly file a copy of any such notice with the Office of Finance, U.S. House of Representatives, O'Neill Federal Building, Suite 3220, Attn: Levi Matthews, Washington, D.C. 20515, and with the Administrative Counsel by e-mail at leases@mail.house.gov. 14. Estoppel Certificates. Lessee agrees to sign an estoppel certificate relating to the leased premises (usually used in instances when the Lessor is selling or refinancing the building) upon the request of the Lessor. Such an estoppel certificate shall require the review of the Administrative Counsel, prior to Lessee signing the estoppel certificate. Lessor shall promptly provide a copy of any such estoppel certificate to the Administrative Counsel by e-mail at leases@mail.house.gov. Send completed forms to: Administrative Cowtsel, 217 Ford House Office Building Washington, D.C. 20.515, Copies may also be fazed to 202-225-6999. I. V.S. 15. Maintenance of Common Areas. Lessor agrees to maintain in good order, at its sole expense, all public and common areas of the building including, but not limited to, all sidewalks, parking areas, lobbies, elevators, escalators, entryways, exits, alleys and other like areas. 16. Maintenance of Structural Components. Lessor also agrees to maintain in good order, repair or replace as needed, at its sole expense, all structilral and other components of the premises including, but not limited to, roofs, ceilings, walls (interior and exterior), floors, windows, doors, foundations, fixtures, and all mechanical, plumbing, electrical and air conditioning/heating systems or equipment (including window air conditioning units provided by the Lessor) serving the premises. 17. Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage, either to persons or property, sustained by Lessee or any of his or her employees or guests, caused by Lessor's failure to fulfill its obligations under Sections 15 and 16. 18. Initial Alterations. Lessor shall make any initial alterations to the leased premises, as requested by Lessee and subject to Lessor's consent, which shall not be unreasonably withheld. The cost of such initial alterations shall be included in the annual rental rate. 19. Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act, 28 U.S.C. § § 267 1- 80, satisfies any and all obligations on the part of the Lessee to purchase private liability insurance. Lessee shall not be required to provide any certificates of insurance to Lessor. 20. Limitation of Liability. Lessor agrees that neither Lessee nor the House nor any of the House's officers or employees will indemnify or hold harmless Lessor against any liability of Lessor to any third party that may arise during or as a result of the Lease or Lessee's tenancy. 21. Compliance with Laws. Lessor shall be solely responsible for complying with all applicable permitting and zoning ordinances or requirements, and with all local and state building codes, safety codes and handicap accessibility codes (including the Americans with Disabilities Act), both in the common areas of the building and the leased space of the Lessee. 22. Electronic Funds Transfer. Lessor agrees to accept monthly rent payments by Electronic Funds Transfer and agrees to provide the Office of Finance, U.S. House of Representatives, with all banking information necessary to facilitate such payments. 23. Refunds. Lessor shall promptly refund to the CAO, without formal demand, any payment made to the Lessor by the CAO for any period for which rent is not owed because the Lease has ended or been terminated. 24. Conflict. Should any provision of this Attachment be inconsistent with any provision of the attached Lease or attached Amendment, the provisions of this Attachment shall control, and those inconsistent provisions of the Lease or the Amendment shall have no force and effect to the extent of such inconsistency. Send completed forms to: .4 din inistrative Counsel, 217 Ford House Office Building, Washington, D.0 20515. Copies may also be faxed to 201-115-6999. V.S. Mouse of Representatives Washington, D.C. 20515 ff3ftt OWU LOM Attnhwd (Page 5 of 5 —1150' Congress) 25. Construction. Unless the clear meaning requires otherwise, words of feminine, masculine or neuter gender include all other genders and, wherever appropriate, words in the singular include the plural and vice versa. 26. Fair Market Value. The Lease or Amendment is entered into at fair market value as the result of a bona fide, arms -length, marketplace transaction. The Lessor and Lessee certify that the parties are not relatives nor have had, or continue to have, a professional or legal relationship (except as a landlord and tenant). 27. District Certification. The Lessee certifies that the office space that is the subject of the Lease is located within the district the Lessee was elected to represent unless otherwise authorized by Regulations of the Committee on House Administration. 2& Counterparts. This Attachment may be executed in any number of counterparts and by facsimile copy, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. 29. Section Headings. The section headings of this Attachment are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. IN WITNESS WHEREOF, the parties have duly executed this District Office Lease Attachment as of the later date written below by the Lessor or the Lessee. City of adwwd, eaerd of works Print Natne of LessorlLandlord By: 9&. Lessor Signature Name:yicki Robinson Title: President --27—/ Date Luke "Set Print Name of Lessee Lessee Signature r/Zr//,- Date From the Members Gfrke, who is the point of contact for questions? Name omuywm Pbone (! ) nr — E-mail -o-- Qrnail.house.gov This District Office Lease Attachment and the attached Lease or Amendment have been reviewed and are appro ursoaut to Regulatio of the Committee on House Administration. Signs Date is 20—Lt (Adrntni G nsel) Send completedforms to: Administrative Counsel, 217 Ford Horse Office Building. Washington, D.C. 20515, Copies may also be fazed to 202-225-6999.