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HomeMy WebLinkAboutPK00-004 - Extension - Addendum #1 - Around the Clock, Inc. - 422 W Titus St. - 12/01/2002 , ecords M eme �•� KE 0 T Document WPSNINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed,if you have questions, please contact Mary Simmons, City Clerks Office. //11 Vendor Name: 0,r nu A lone C 10C�J �ytC, Vendor Number: JD Edwards Number Contract Number: This is assigned by Mary Simmons Description: 0�_JA'eyLu wt © V�,t, +0 LC'G,Sc C � �e e Vk e vt f Detail: Project Name: Contract Effective Date: Termination Date: Z l 3 D — O Contract Renewal Notice (Days): �O © Ll \A S Number of days required notice for termination or renewal or amendment � Contract Manager: h_Qa-,.( i( I v� d S C-7 Department: P(Z4'5 FQ Abstract: i �G✓�e.� (�-f7�.7�Lw�9Q.e-civl.. . rY�i'�.Q. s�Pr� � �-,7 D l�r a ,RQ,� ADCL7832 07/02 ADDENDUM ONE TO LEASE AGREEMENT THIS ADDENDUM ONE between THE CITY OF KENT ("Landlord") and AROUND THE CLOCK, INC., a duly qualified Washington corporation, ("Tenant') amends that certain Lease Agreement entered into between Landlord and Tenant on or about the 14thday of November, 2000 (the "Lease"), which is attached as Exhibit "A" and incorporated by this reference The Landlord and Tenant agree and covenant as follows 1 Extension. Tenant has requested, and the Landlord has agreed, to extend the term of the Lease in Section 2 1 by two (2) years The Lease extension shall commence on 15t December, 2002, (the "Commencement Date") and shall end on November 30, 2004, (the "Termination Date") However, the Tenant may, without penalty, termmate the lease with 60 (sixty) days notice to the Landlord under the requirements of Section 2 2 of the Lease 2 Lease Payment A Monthly Payment Pursuant to Section 3 of the Lease, the Monthly Payment for the first twelve (12) months, December 1, 2002, through November 30, 2003, shall be ONE THOUSAND TWO HUNDRED EIGHTEEN AND NO/100 DOLLARS ($1,218 00), plus the leasehold tax of 1284 percent (12 84%), or ONE HUNDRED FIFTY-SIX AND 39/100 DOLLARS ($156 39), for a total monthly payment of ONE THOUSAND THREE HUNDRED SEVENTY-FOUR AND 39/100 DOLLARS ($1,374 39) For the second half of the extended lease period, December 1, 2003, through November 30, 2004, the monthly payment shall be ONE THOUSAND TWO HUNDRED THIRTY-SIX AND 27/100 DOLLARS ($1,236 27) plus the leasehold tax of 12 84 percent (12 84%), or ONE HUNDRED FIFTY-EIGHT AND 74/100 DOLLARS ($158 74), for a total monthly payment of ONE THOUSAND THREE HUNDRED NINETY-FIVE AND 01/100 DOLLARS ($1,395.01) per month 3 Certification Tenant hereby certifies to Landlord that the Lease is in full force and effect, that there are no uncured defaults on the part of the Landlord under the Lease ADDENDUM ONE TO LEASE AGREEMENT- 1 (December 12,2001) (Between City of Kent and Around the Clock,Inc) 4 Entire Agreement Except as amended by this addendum, all provisions of the Lease shall remain in full force and effect except as specifically modified by this Addendum One IN WITNESS WHEREOF, the parties hereto have executed this Addendum One, which shall take effect on the last date signed below LANDLORD: TENANT: CITY NT AROUND THE CLOCK, INC By By Print Name: C Print N 51�L Its a-n n lot OF l iS Its CO Date: 12;L a/a Z-- Date: I a-X-)- 0 2, STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this ' o� day of'D2Ce -4,e -C" 2002, I hereby certify that I know or have satisfactory evidence that Li\o--4 kt°s (J. A-se�j is the person who appeared before me, and said person acknowledged that he he signed tlus instrument, on oath stated that he/she is authgn4g�(d tq execute the instrument on behalf of the City of Kent as itss y r�e.,IeA-k 4 Y and'sucgi execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. ec'g"' � elk, �DrcJ (2- t2S NOTARY PUBLIC, in and for the State of Washington residing at d�2C'vr+r c.. d 3 d My appointment expires 9h � f � v ADDENDUM ONE TO LEASE AGREEMENT-2 (December 12 2002) (Between City of Kent and Around the Clock,Inc) STATE OF WASHINGTON ) ss COUNTY OF KING ) On this_�� Iday of jD e t_e sn b e x 2002, I hereby certify that I know or have satisfactory evidence that S(,L zct rye aeede f is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of AROUND THE CLOCK, INC. as its P t 3 r Fp, --�'<-e S �, de to + , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written %E 14% VAR'' � a e h s 1 + Y: NOTARY PUBLIC, in and for the State of Washington pA yst�6 '^ residing at k{e )q f' 'yV a .' My appointment expires P\Cml\F[L Op fffl s\03652002Vv undncClockLeaseAdd mdm ADDENDUM ONE TO LEASE AGREEMENT-3 (December 12 2002) (Between City of Kent and Around the Clock,Inc) LEASE AGREEMENT BETWEEN THE CITY OF KENT AND AROUND THE CLOCK, INC. THIS LEASE AGREEMENT (hereinafter "Lease") is entered into by and between the CITY OF KENT, a municipal corporation of the State of Washington, with offices located at 220 4th Avenue South, Kent, Washington 98032 (hereinafter "City"), and AROUND THE CLOCK, INC , a duly qualified Washington corporation in good standing, (hereinafter"Tenant! RECITALS WHEREAS, the City owns certain property consisting of land and building located at 422 West Titus Street, Kent, Waslungton; and WHEREAS, it is the parties' desire to enter into a two (2)year lease for Tenant's property management business NOW, THEREFORE, the City and Tenant agree as follows AGREEMENT 1. PROPERTY. 11 Property Defined The City leases to Tenant and Tenant leases from the City the real property described in Exhibit A, attached hereto and incorporated herein by this reference, located at 422 West Titus Street, Kent, Washington 98032, but subject to the exceptions and restrictions set forth in this Lease (collectively the "Property" or"Leased Property') 12 Survey, Maps, and Plans. Tenant is not relying upon and the City is not making any representations about any survey, plat, diagram, and/or legal description provided by the City 13 Inspection The City makes no representation regarding the condition of the Property and/or improvements located on the Property 2. TERM. 21 Tenn Defined The term of this Lease is two (2) years and three (3) weeks (the "Tenn"), beginning on the 9th day of November, 2000 (the "Commencement Date"), and ending on the 30th day of November, 2002 (the "Termination Date"), unless terminated sooner under the terms of this Lease. LEASE AGREEMENT- 1 (November 7,2000) (Between City of Kent and Around The Clock,Inc) EXHIBIT "A" 22 Tenant's Rigbt to Terminate Early. Tenant shall have the right to terminate the lease at any time during the Term upon sixty (60) days prior written notice of termination to the City 23 End of Term Upon the expiration or termination of the Tenn, as applicable, Tenant shall surrender the Property to the City in the same or better condition as on the Commencement Date, reasonable wear and tear excepted 24 Hold Over If Tenant remains in possession of the Property after the Termination Date, the occupancy shall not be an extension or renewal of the Term. The occupancy shall be a month-to-month tenancy, on terms identical to the terms of this Lease, which may be terminated by either party on thirty (30) days written notice The monthly rent during the holdover shall be the same rent which would be due if the Lease were still in effect and all adjustments in rent were made in accordance with its terms. If the City provides a notice to vacate the Property in anticipation of the termination of tlms Lease or at any time after the Termination Date and Tenant fails to do so within the time set forth in the notice, then Tenant shall be a trespasser and shall owe the City all amounts due under applicable law. 3. LEASE PAYMENT. 3 1 Monthly Payment Tenant shall pay to the City a monthly payment of ONE THOUSAND TWO HUNDRED AND 00/100 DOLLARS ($1,200 00), plus the leasehold tax of 12 84 percent (12 84%) as set forth in Section 5 for a total monthly payment of $1,354 08 ("Lease Payment"). The first installment shall be due and payable on or before December 1, 2000, and subsequent installments shall be due and payable on or before the same day of each month thereafter Tenant shall not be required to pay a pro-rated monthly lease payment for the period November 9, 2000, through November 30, 2000. After the expiration of the initial Term, the monthly Lease Payment shall be increased to ONE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($1,500.00), plus the leasehold tax of 12.84 percent (12 84%) as set forth in Section 5, for a total monthly payment of$1,692.60, whether or not Tenant is a hold over tenant as set forth in Section 2.4, unless otherwise agreed to in writing 32 Payment Place Payment is to be made to the City of Kent, Attn: Finance Director, 220 Fourth Avenue South, Kent, Washington 98032. 4. OTHER EXPENSES. During the Term, Tenant shall pay the following additional expenses: 41 Utilities. Tenant shall pay all fees charged for utilities in connection with the use and occupancy of the Property, including but not limited to electricity, water, gas, and telephone service LEASE AGREEMENT-2 (November 7,1000) (Between City of Kent and Around The Clock,Inc) 42 Taxes and Assessments Tenant shall pay all taxes (including the leasehold excise tax on all lease amounts paid to the City pursuant to RCW 82.29A.030 currently in the amount of 12.84 percent and as may be adjusted pursuant to Ch. 82.29A RCW), assessments, and other governmental charges, of any kind whatsoever, applicable or attributable to the Property, Tenant's leasehold interest, the improvements, or Tenant's use and enjoyment of the Property. 4.3 Right to Contest Tenant may, in good faith, contest through any established appeal process or similar procedure any tax or assessment at its sole cost and expense At the request of the City, Tenant shall furnish reasonable protection in the form of a bond or other security, satisfactory to the City, against any loss or liability by reason of such contest 44 Proof of Payment Tenant shall, if required by the City, furnish to the City receipts or other appropriate evidence establishing the payment of any amounts required to be paid under the terms of this Lease. 45 Failure to Pay If Tenant fails to pay any of the amounts due under this Lease, the City may pay the amount due, and recover its cost in accordance with the provisions of Section 6, unless Tenant has contested any amount due pursuant to Section 5 3 5. LATE PAYMENTS AND OTHER CHARGES. 5 1 Late Charge If any rental payment is not received by the City within ten (10) days of the date due, Tenant shall pay to the City a late charge equal to four percent (4%) of the amount of the payment or FIFTY AND 00/100 DOLLARS ($50), whichever is greater, to defray the overhead expenses of the City incident to the delay 52 Interest Penalty for Past Due Lease Payments and Other Sums Owed. If a Lease Payment is not paid within thirty (30) days of the date due, then Tenant shall, in addition to paying the late charges determined under Subsection 5.1, above, pay interest on the amount outstanding at the rate of one percent (1%) per month until paid If the City pays or advances any amounts for or on behalf of Tenant, including but not limited to leasehold taxes, taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials pursuant to Section 6, costs of removal and disposal of improvements pursuant to Section 7 below, or other amounts not paid when due, Tenant shall reimburse the City for the amount paid or advanced and shall pay interest on that amount at the rate of one percent (1%) per month from the date the City notifies Tenant of the payment or advance unless Tenant has contested any amount due pursuant to Section 4 3 above. 53 No Counterclaim. Setoff, or Abatement of Rent Except as expressly set forth elsewhere in this Lease, rent and all other sums payable by Tenant pursuant to this Lease shall be paid without the requirement that the City provide prior notice or demand, and shall not be subject to any counterclaim, setoff, deduction, defense or abatement LEASE AGREEMENT-3 (November 2,2000) (Between Cay of Ken[and Around The Clock,Inc) 6. USE. 6.1 Permitted Use Tenant shall use the Property for Tenant's business of real estate brokerage(the "Permitted Use") and for no other purpose 62 Restrictions on Use Tenant shall not cause or permit any damage to natural resources on the Property Tenant covenants and agrees that Hazardous Substances, as defined in Section 6.5, will not be used, stored, generated, processed, transported, handled, released, or disposed of in, on, under, or above the Property, except in accordance with all applicable laws Tenant shall also not cause or permit any filling activity to occur on the Property This prohibition includes any deposit of rock, earth, ballast, refuse, garbage, waste matter (including chemical, biological or hazardous substances, or toxic wastes), hydrocarbons, any other pollutants, or other matter in or on the Property Tenant shall neither commit nor allow waste to be committed to or on the Property. If Tenant fails to comply with all or any of the restrictions on the use of the Property set out in this Subsection 6.2, the City shall notify Tenant and provide Tenant a reasonable time to take all steps necessary to remedy the failure. If Tenant fails to do so in a timely manner, then the City may take any steps reasonably necessary to remedy this failure Upon demand by the City, Tenant shall pay all costs of such remedial action, including but not limited to the costs of removing and disposing of any material deposited improperly on the Property. The covenants contained in Section 6 2 shall survive expiration or termination of this Lease 63 Conformance with Laws Tenant shall, at all times,keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its use or occupancy of the Property. 6.4 Liens and Encumbrances. Tenant shall keep the Property free and clear of any hens and encumbrances ansmg out of or relating to its use or occupancy of the Property 65 Definition — Hazardous Substance. "Hazardous Substance" means any substance which now or in the future becomes regulated or defined under any federal, state, or local statute, ordinance, rule, regulation, or other law relating to human health, environmental protection, contamination or cleanup, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U S C 9601 et seq , and Washington's Model Toxics Control Act ("MTCA"), RCW 70.105D 010 et seq. 7. IMPROVEMENTS. 71 Tenant-Owned Improvements. Tenant shall be responsible for all of Tenant's improvements to the property So long as this Lease remains to effect, Tenant shall retain ownership of all authorized Tenant improvements and trade fixtures it may place on the Property (collectively "Tenant-Owned Improvements"). Tenant-Owned Improvements shall not include LEASE AGREEMENT-4 (November 7,2000) (Between City of Kent and Around The Clock Inc) any construction, reconstruction, alteration, or addition to the Property by the City or any Unauthorized Improvements as defined in Subsection 7 4 below. No Tenant-Owned Improvements shall be placed on the Property without the City's prior written consent. 72 Construction Prior to any construction, alteration,replacement, removal or major repair of any improvements (whether the City-Owned or Tenant-Owned), Tenant shall submit to the City its plans which describe the proposed activity. The City shall have ten (10) days in which to review the proposed plans. The plans shall be deemed approved and the requirement for the City's written consent shall be treated as waived, unless the City notifies Tenant otherwise within the ten (10) days. The City's consent and approval shall not be required for any routine maintenance or repair of improvements made by the Tenant pursuant to its obligation to maintain the Property in good order and repair that does not result in the construction, alteration, replacement, removal, or major repair of any improvements on the Property The provisions of this section do not obviate any permit requirements that may apply to the proposed activity 73 Removal. Tenant-Owned Improvements shall be removed by Tenant by the Termination Date, so long as such removal does not damage the property and the property is restored to its original condition or better. If the Tenant-Owned Improvements remain on the Property after the Termination Date, they shall become the property of the City without payment by the City and as described in the Purchase and Sale Agreement. 74 Unauthorized Improvements. Improvements made on the Property without the City's prior consent pursuant to Subsection 7 2 or which are not in conformance with the plans submitted to and approved by the City ("Unauthorized Improvements") shall immediately become the property of the City, unless the City elects otherwise Regardless of ownership of Unauthorized Improvements, the City may, at its option, require Tenant to sever, remove, and dispose of them, charge Tenant rent for the use of them, or both. If Tenant fails to remove an Unauthorized Improvement upon request, the City may remove it and charge Tenant for the cost of removal and disposal 8. ASSIGNMENT AND SUBLETTING. 8 1 City Consent Required Tenant shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or the Property without the City's prior written consent which consent may not be unreasonably withheld by the City In the event of such consent, each permitted transferee shall assume all obligations under this Lease, including the payment of rent. No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of Tenant 82 Event of Assignment If Tenant is a corporation, a dissolution of the corporation or a transfer(by one or more transactions) of a majority of the voting stock of Tenant shall be LEASE AGREEMENT-5 (November 7,1000) (Between City of Kent and Around The Clock,Inc) deemed to be an assignment of this Lease If Tenant is a partnership, a dissolution of the partnership or a transfer (by one or more transactions) of the controlling interest in Tenant shall be deemed an assignment of this Lease 8.3 Rent Payments Following Assignment. The acceptance by the City of the payment of rent following an assignment or other transfer shall not constitute consent to any assignment or transfer. 9. INDEMNITY. 91 The City shall not be liable for any injury to any person or for any loss of or damage to any property (including property of Tenant) occurring in or about the leased Property or the buildings thereon and caused by or resulting from any act or omission by Tenant any officer, agent, employee, guest, mvitee, or visitor of Tenant, and, during the full term hereof, Tenant agrees and covenants to indemnify, defend, and hold harmless the City and those persons who were, now are, or shall be duly elected or appointed officials or members or employees or agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments of whatsoever kind or nature whether to persons or property, to the extent arising on said Property, in or on said building, or on any areas adjoining the same, which is under the control or use of Tenant pursuant to this lease and arising out of or in connection with Tenant's use and occupancy of said Property. City agrees and covenants to indemnify, defend, and hold harmless the Tenant, its officers, employees, and agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgment of whatsoever kind or nature whether to persons or property, arising out of or in connection with the City's negligence in its performance under this Agreement 92 Should a court of competent jurisdiction determine that this Lease is subject to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Tenant and the City, its officers, officials, employees, and volunteers, the Tenant's liability hereunder shall be only to the extent of the Tenant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE TENANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION This waiver has been mutually negotiated by the parties The provisions of Section 9 shall survive the expiration or termination of this Lease LEASE AGREEMENT-6 (November 7,2000) (Between City of Kent and Around The Clock,Inc) 10. INSURANCE. 101 General Commercial Liability Insurance. Tenant agrees to procure and maintain in force during the term of this Lease and any extension thereof, at its expense, general commercial liability insurance This insurance shall be adequate to protect against liability for damage claims through public use of or from accidents or other liability arising out of Tenant's use or occupancy of the Property and buildings thereon This insurance shall be in a minimum amount of$1,000,000 combined single limit per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage which may be covered under a blanket policy Tenant agrees that, if such insurance policies are not kept in force during the term of this Lease and any extension thereof, the City may procure the necessary insurance, pay the premium therefor, and that such premium shall be repaid to the City on demand The City shall be named as an additional insured as to liability arising out of the Property and buildings thereon and the insurance of Tenant shall be the primary insurance as to said liability. 102 Certificate of Insurance. Tenant shall provide to the City documentary evidence, certified by the insurer, of all insurance(s) required in this Lease 10.3 Subrogation The City shall not be liable to Tenant (by way of subrogation or otherwise) or to any insurance company insuring the other party for any loss or damage to any building, structure, or other tangible property, or any resulting loss of income, or losses under worker's compensation laws and benefits, even though such loss or damage might have been occasioned by the negligence of the City its agents or employees, if any such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance pursuant to this Lease. Tenant shall, upon obtaining the policies of insurance required give notice to the insurance carrier or carvers that the foregoing mutual waiver of subrogation is contained in this Lease. 11. MAINTENANCE AND REPAIR. 11.1 The City's Repairs The City shall not be required to make any alterations, maintenance,replacements,or repairs in, on,or about the Property, or any part thereof, during the Term. 112 Tenant's Repairs, Alteration, Maintenance and Replacement (a) Tenant shall, at its sole cost and expense, keep and maintain the Property, including the grounds, parking lot, and all improvements in good order and repair, in a clean, attractive, and safe condition. LEASE AGREEMENT-7 (November 7,2000) (Between City of Kent and Around The Clock,Inc) (b) Tenant shall, at its sole cost and expense, make any and all additions, repairs, alterations, maintenance, replacements, or changes to the Property or to any improvements on the Property which may be required by any public authority (c) All additions, repairs, alterations, replacements or changes to the Property and to any improvements on the Property shall be made in accordance with, and ownership shall be governed by, Section 7, above 12. DAMAGE OR DESTRUCTION. 12.1 In the event of any damage to or destruction of the Property or any improvements, Tenant shall promptly give written notice to the City. Unless otherwise agreed in writing, Tenant may reconstruct, repair, or replace the Property and any improvements or may terminate tins Lease s provided for in Section 2.2 above 12.2 Unless this Lease is terminated, there shall be no abatement or reduction in rent during such reconstruction,repair, and replacement 13. DEFAULT AND REMEDIES. 13.1 Acts Constituting Default Tenant shall be in default of this Lease on the occurrence of any of the following. (a) Failure to pay Annual Rent or other expenses when due; (b) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority; (c) Failure to comply with any other provision of this Lease, (d) Failure to cure a default pursuant to Section 13.2 below; or (e) Proceedings are commenced by or against Tenant under any bankruptcy act or for the appointment of a trustee or receiver of Tenants'property. 132 Failure to Cure A default shall become an event of default ("Event of Default") if Tenant fails to cure the default after the City provides Tenant with written notice of default, which specifies the nature of the default [For failure to pay rent or other monetary defaults, the cure period shall be ten(10) days. For other defaults, the cure period shall be thirty(30) days ] LEASE AGREEMENT-8 (November 7 2000) (Between City of Kent and Around The Clack,Inc) 13.3 City's Remedies Upon Default. Upon an Event of Default, the City may terminate this Lease with thirty(30) days prior written notice to terminate and remove Tenant by summary proceedings or otherwise. The City may also, without terminating this Lease, relet the Property on any terms and conditions as the City in its sole discretion may decide are appropriate. If the City elects to relet, rent received by it shall be applied (1) to the payment of any indebtedness other than rent due from Tenant to the City; (2) to the payment of any cost of such reletting; (3) to the payment of the cost of any alterations and repairs to the Property; and, (4) to the payment of rent and leasehold excise tax due and unpaid under this Lease. Any balance shall be held by the City and applied to Tenant's future rent as it becomes due Tenant shall be responsible for any deficiency created by the reletting during any month and shall pay the deficiency monthly The City's reentry or repossession of the Property under this subsection shall not be construed as an election to terminate this Lease or cause a forfeiture of rents or other charges to be paid during the balance of the Term, unless the City gives a written notice of termination to Tenant or termination is decreed by legal proceedings The City may at any time after reletting elect to terminate this Lease for the previous Event of Default 14. ENTRY BY THE CITY. The City shall have the right to enter the Property at any reasonable hour to inspect for compliance with the terms of this Lease upon forty-eight (48) hours notice 15. NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time: The City Director of Parks, Recreation and Commumty Services City of Kent 220 Fourth Avenue South Kent, Washington 98032 Tenant Suzanne Reeder, President Around The Clock, Inc 422 West Titus Street Kent, Washington 98032 A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable LEASE AGREEMENT-9 (November 7 2000) (Between Cary of Kent and Around ne Clock,Inc) 16. MISCELLANEOUS. 161 Authonty. Tenant and the person or persons executing this Lease on behalf of Tenant represent that Tenant is qualified to do business in the State of Washington, that Tenant has full right and authority to enter into this Lease, and that each and every person signing on behalf of Tenant is authorized to do so 162 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their successors and assigns. 16.3 Headings The headings used in this Lease are for convenience only and in no way define, limit, or extend the scope of this Lease or the intent of any provision 16 4 Entire Agreement This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties. 165 Waiver The waiver by the City of any breach or default of any term, covenant, or condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition, of any subsequent breach or default of the same, or of any other term, covenant, or condition of this Lease. The City's acceptance of a rental payment shall not be construed to be a waiver of any preceding or existing breach other than the failure to pay the particular rental payment that was accepted 166 Cumulative Remedies The rights and remedies of the City under this Lease are cumulative and in addition to all other rights and remedies afforded to the City by law or equity or otherwise. 16 7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of this Lease 168 Language. The word "Tenant" as used in this Lease shall be applicable to one or more persons, as the case may be The singular shall include the plural, and the neuter shall include the masculine and feminine If there is more than one Tenant, thew obligations shall be joint and several. The word "persons," whenever used, shall include individuals, firms, associations, and corporations 16.9 Invalidity. If any provision of this Lease shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Lease. LEASE AGREEMENT- 10 (November 7,2000) (Between City of Ken[and Around The Clock,Inc) 16 10 Applicable Law and Venue. This Lease shall be interpreted and construed in accordance with the laws of the State of Washington. Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded Venue for any action ansmg out of or in connection with this Lease shall be in the Superior Court for King County, Washington 16 11 Modification Any modification of this Lease must be in writing and signed by the parties The City shall not be bound by any oral representations or statements 16 12 Survival of Covenants The covenants contained herein survive the termination or expiration of the Lease for the applicable statute of limitation periods. 16 13 Quiet Enjoyment The City covenants and agrees that Tenant, upon performing the terms and conditions of the Lease, may peacefully hold and enjoy the Property during said term without any interruption by the City, its successors or assigns, or any person or company lawfully claiming by or through it. 1614 Duplicate Originals. Tlus Lease Agreement may be executed in duplicate originals. THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. CITY F KENT AROUND THE CLOCK, INC. B a 49 ByC Print Name Ar/CJ pv Print N z Its: 5 Pnn cN1�4ltS (� Qiy�aQ Date 1 t Date ( z `1 , aQQ0 LEASE AGREEMENT- I 1 (November 7,2000) (Between C,ry of Kent and Around The Clock,Inc) STATE OF WASHINGTON ) : ss COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that e5 L' �``�Sc y s the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the City of Kent as its 0�; •li}�.,Q f c9 (cte"Id ctsuch execution to be the free and voluntary act of such parry for the uses and purposes mentioned in the foregoing instrument -Notary Seal Must Appear Within This Box- - WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above wntt n SOLI C (� L; Vl S NOTARY PUBLIC, in and for the State of Washington, residing at fie- I, + r�� My appointment expires STATE 37WASHINGTON ) ss. COUNTY OF KING ) On this day of 1v`1V1 6k6er , 2000,before me a Notary Public in and for the State of Washington,personally appeared '5lno nth �tttc_" to me known to be the ,I 7yf k1 rL t v.-i" of Around The Clock, Inc., a Waslungton corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within Art Box- er y '•WHEREOF, I have hereunto set my hand and official seal the day � Ub ^Witten ac r� op w a;N+ NOTARY P IC, in and for the State of Washington, residing at aV V 1A A My appointment expires 11 ,14�G 3 LEASE AGREEMENT- 12 (November 7 2000) (Between City of Kent and Around The Clock,Inc)