Resolution 1451RESOLUTION NO. 1451
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, RELEASING CERTAIN OF THE CITY'S TENANTS FROM
HAVING TO MAKE RENT PAYMENTS TO THE CITY DURING THE
APPLICABILITY OF THE GOVERNOR'S "STAY HOME — STAY HEALTHY"
ORDER
WHEREAS, on February 29, 2020, Governor Inslee issued Proclamation 20-05, proclaiming a
State of Emergency for all counties throughout the state of Washington as a result of the
coronavirus disease (COVID-19) outbreak; and
WHEREAS, the City of Edmonds Mayor, Mike Nelson, declared an emergency due to the
COVID-19 outbreak on March 5, 2020, and
WHEREAS, on March 23, 2020, Governor Inslee issued Proclamation 20-25, entitled "Stay
Home —Stay Healthy," which took effect at midnight on March 25, 2020 and was initially to
remain in effect until midnight on April 6, 2020; and
WHEREAS, on April 2, 2020, Governor Inslee issued Proclamation 20-2.5.1, which extended the
"Stay Home —Stay Healthy" order to May 4, 2020; and
WHEREAS, it is possible that the "Stay Home — Stay Healthy" order could be extended yet
again for at least some portion of the activities that are prohibited by the order; and
WHEREAS, the effect of the "Stay Home — Stay Healthy" proclamation is that many of the
city's tenants cannot operate their programs and cannot make reasonable use of the space that
they rent from the city; and
WHEREAS, the City Council on March 24, 2020, passed a 60-day moratorium on evictions of
small businesses and non -profits; and
WHEREAS, on March 27, 2020, Mayor Nelson through an open letter, appealed to landlords to
"find a way to work with tenants to weather this financial storm;" and
WHEREAS, the City Council believes that it would be unfair to charge rent to those tenants who
are legally not allowed to use the leased premises as intended during the time that the "Stay
Home — Stay Healthy" order applies to them; and
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
Section 1. The Edmonds City Council hereby authorizes the administration to negotiate
reductions and/or releases for the tenants listed in Section 2, below, from the obligation to make
rent payments under their respective building use agreements with the city from April 1, 2020
until such time that those tenants are allowed to resume normal operations under the Governor's
"Stay Home — Stay Healthy" order; and
Section 2. The following tenants shall be subject to the release granted in Section 1, above:
A. Edmonds Montessori Preschool — normally pays $2,358.90 per month;
B. Olympic Ballet — normally pays $5,211.17 per month;
C. Sno-King Youth Club — normally pays $1,761.71 per month;
D. Edmonds Arts Festival Foundation — normally pays $608.80 per month;
E. Edmonds Senior Center's space at the Frances Anderson Center — normally pays
$890.25 per month; and
F. Any other non-profit tenants of the city that are not able to make reasonable use
of their leased premises due to the Governor's "Stay Home — Stay Healthy" order.
Section 3. The City Council desires to also release the tenants listed in Section 2, above,
from their obligation to pay leasehold excise tax. To the extent allowed by law, and without
having to pay such leasehold excise tax to the state from city funds, the administration is directed
not to collect leasehold excise tax from these tenants, PROVIDED THAT if there is no way to
avoid paying leasehold excise tax to the state, then such tax shall be collected from the tenants.
Section 4. The City Council hereby delegates to the administration the authority to exercise
its reasonable discretion in determining when each of the tenants listed in Section 2 is deemed
able to resume normal operations under the Governor's "Stay Home — Stay Healthy" order and,
accordingly, in determining when to resume invoicing such tenants for rent payments due under
their respective building use agreements, PROVIDED THAT, in no case shall the release of rent
extend beyond August 31, 2020, without obtaining additional authority from the City Council.
RESOLVED this 21st day of April, 2020.
CITY OF EDMONDS
MAYOR, MIKE NELSON
ATTEST:
CLERK, SC PASSEY
FILED WITH THE CITY CLERK: April 22, 2020
PASSED BY THE CITY COUNCIL: April 21, 2020
RESOLUTION NO. 1451