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Home My WebLink AboutLAG96-001 - Original - Charles E. and Judith A. Cramer - Lease Agreement for Covington Mini Storage - 01/01/1996 J WHEN RECORDED, RETURN TO: Property Manager City of Kent Public Works Department 220 W. Gowe Street Kent, WA 98032 LEASE THIS LEASE is between CHARLES E. CRAMER and JUDITH A. CRAMER ("Landlord") and THE CITY OF KENT, a municipal corporation, ("Tenant"). 1. Premises. Landlord hereby leases to Tenant, upon the terms and condi- tions herein set forth, the space known as Covington Mini Storage, located at 16222 S.E. 272nd Street, Kent, Washington, 98031, shown in the attached floor plan sketch incorpo- rated herein and attached hereto as Exhibit "A' ("premises"). The space includes a ten- foot by ten-foot (10' x 10') storage container, parking area in the fenced automobile parking area for three (3) vehicles (as space is available and as needed by the City), boat storage for one twenty-foot (20') boat, and police/fire command vehicle (if space is available and if needed by the City). The location of the space is subject to change if agreed to by Landlord and Tenant, so long as the space provided remains the same in area and is as accessible as that space described herein. The City as Tenant is entitled to 24-hour access and may install additional security alarms and other devices without Landlord approval. The City is responsible for obtaining any and all casualty insurance coverage for the loss of property from theft or fire or other event. 2. Common Areas. Tenant shall have non-exclusive use of all common areas for the use generally of tenants of the building as designated by the Landlord. Landlord shall maintain the common areas in good condition, and shall not block or obstruct access to business operations. 3. Use of Premises. The premises shall be used for the conduct of storage activities and activities incident thereto. 4. Term. This Lease shall be for a term of thirty (30) years commencing January 1, 1996 and ending January 1, 2026. 5. Option to Extend Term. Tenant may extend the term of this Lease once for a separate period of ten (10) years, ending January 1, 2035, provided Tenant is not in default hereunder at the time of giving such notice or on the.date of expiration of the - 1 - original term hereof. Such extended terms shall be upon all of the provisions applicable to the original term of this Lease, other than the provisions of this Section relating to this extension. 6. Rental. Tenant agrees to pay Landlord One Dollar ($1.00) per year. Payment may be made in a lump sum or annually. 7. Leasehold Improvements. If leasehold improvements by the Landlord are performed in the premises described in Section 1, Tenant shall provide to Landlord reasonable access to perform such improvements. Landlord will make every effort not to disrupt the Tenant's use and occupancy of the storage container(s) as may be necessary by the City or King County. 8. Landlord Restrictions. Landlord shall not lease or rent the above- described space to any other person or party during the Lease period. Should the Landlord sell the real property or business to any third party, such sale shall be subject to this Lease Agreement. 9. Termination. Tenant may elect at any time to terminate this Lease on thirty (30) days' written notice thereof to Landlord. Landlord may terminate this lease upon 60 days written notice to the City without cause upon the cessation of mini-storage business operations on the property. 10. Quiet EWoyment. Landlord covenants that it is the owner of the demised premises and has the right to make this Lease for the described space. Landlord also covenants and agrees that Tenant, upon performance of all of Tenant's obligations under this Lease, shall lawfully and quietly hold, occupy and enjoy the premises during the term of this Lease without disturbance by Landlord or by any person having title paramount to Landlord's title or by any person claiming under Landlord. 11. Utilities and Other Services. Landlord shall pay all expenses of utilities and other services supplied to the common areas of the building. 12. Maintenance by Landlord. Landlord shall maintain in good condition the common areas, lighting, and fencing, including all structural and exterior components of storage container. 13. Alterations ReRairs and Maintenance by Tenant. Tenant shall make no changes, improvements, or alterations to the premises without the prior consent of Landlord. All such changes, improvements, and alterations and repairs, if any, made by Tenant, shall become the property of Tenant upon the expiration or sooner termination of this Lease. Tenant shall keep the premises in a neat, clean and sanitary condition, and shall keep the premises and all items therein installed by Tenant in good condition, - 2 - except only for reasonable wear and tear and damage caused other than by any act or omission by Tenant, its employees, agents, invitees or licensees. 14. Taxes. Landlord shall pay, before the same become delinquent, all property taxes and other taxes and special assessments levied against the building. 15. Liability, Property Damage, and Fire Insurance. Tenant shall, in its own discretion and at Tenant's expense, maintain on all of Tenant's personal property and leasehold improvements and alterations on the premises property damage insurance and fire insurance, with extended coverage, in the amount of their replacement value. 16. Damage or Destruction. If the leased premises are damaged or destroyed by fire or any cause other than any act or omission of Tenant, its employees, agents, invitees or licensees, Landlord shall restore the premises and the building, except for such fixtures, improvements and alterations as are installed by Tenant, as nearly as practicable to their condition immediately prior to such damage or destruction. Tenant, at Tenant's expense, shall so restore all such fixtures, improvements and alterations installed by Tenant. Any restoration shall be promptly commenced and diligently prose- cuted. If Landlord undertakes to restore the premises and the building as provided above in this section, then commencing with the date of the damage or destruction and continuing through the period of restoration, the rent for the premises shall be abated for such period in the same proportion as the untenantable portion of the premises bears to the whole thereof. 17. Partial Invalidity. If any term or provision of this Lease or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced as written to the fullest extent permitted by law. 18. Entire Agreement. This document contains the entire and integrated agreement of the parties and may not be modified except in writing signed by both parties. 19. Conflict of Provisions. In case of conflict, the more specific provision of this Lease shall control. 20. Lease Binding on Successors and Assigns. The covenants and agreements contained in this Lease shall be binding on the parries hereto and on their respective transferees, successors, heirs, executors, administrators, and assigns. - 3 - IN WITNESS WHEREOF, the parties have executed this Lease at /L` , the day and year first above written. LANDLORD: TENANT' CITY OF KENT HARLES E. CRAMER By , ' 400q�^ T� Its 11G�/C ,1_1 InIT14 A. C Approved as to form: Ke City Attorney City Clerk Aaut�— STATE OF WASHINGTON) ) ss. COUNTY OF KING } On this /� day o ,c , 1996, before me, the undersigned, a Notary Public in and for the State o as 'ngton, duly commissioned and sworn, personally appeared CHARLES E. CRAMER and JUDITH A. CRAMER, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged to me that they signed and sealed the said instrument as their free and voluntary act and deed for the uses and purposes mentioned herein. WITNESS my hand and official seal hereto affixed the day and year above written. Notary Public in and for the tate of \GAPHry► Washington residing at: Q Mv commission expires:PATRICIA A. PUBLIC Typed/Printed Name J 9 ' CT 4.�g9. oFWAS�a,'� - 4 - STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of , 1996, before me, the undersigned, a Notary Public in and o the S of Washington, duly commissioned and sworn, personally appear d p-x� , to me known to bet of THE CITY OF KENT, a municipal corporation, tKe corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that '76� is authorized to execute the said instrument and that the seal affixed is the corporate seal of the corporation. WITNESS my hand and official seal hereto affixed the day and year above written. 44 No § Public in and ftir the tate f Washington, residing My commission expires: - - t1/i Typed/Printed Name 4660102c:2201.002 -5 -