The URL can be used to link to this page

Home My WebLink AboutPK06-138 - Original - Charlie Perkins - 715 W. Meeker Storage Space - 04/06/2006 t Records Mainita-o�ogl`e` rn NZei KEN T WASHINGTON - , - Document Aw 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 City Clerks Office. Vendor Name: Charlie Perkins (Lease for Storage) Vendor Number: ,p1� JD Edwards Number Contract Number: I 1 o6 — 138 This is assigned by Deputy City Clerk Description: Lease agreement for Storage for Facilities at 715 W. Meeker, Kent, Wa 98032 Detail: Storage space for excess furniture and other tools and eguipment Project Name: Contract Effective Date: 4/1/06 TerminationDate: Contract Renewal Notice (Days): 30 Days Number of days required notice for termination or renewal or amendment Contract Manager: Charlie Lindsey Department: Pks/Facilities Abstract: S Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02 ■■■■■■ Llewellyn Real Estate ®Copyright 1999-2005 ,/ ■■■■■ PO Box 902, Commercial Brokers Association (� All Rights Reserved Kent,WA 98035 ■■■ lewe l lyn Phone (253)852-1898 CBA Form ST-LS ■IS ■Rwl EsM� Single Tenant Lease Agreement ■ Fax (253)852-1899 Rev 1/03 Page 1 of 18 LEASE AGREEMENT (Single Tenant For Entire Parcel—Triple Net) THIS LEASE AGREEMENT (the "Lease") is entered into thlsZ?P ay of March, 2006 between Charlie & Shirly Perkins("Landlord"), and City of Kent ("Tenant"). Landlord and Tenant agree as follows. 1. LEASE SUMMARY. a. Leased Premises. The leased commercial real estate (the "Premises") consist of the real property legally described on attached Exhibit A, and all improveme t thereon b. Lease Commencement Date. The Lease shall comme on �'nce 2006, or such earlier or later date as provided in Section 3 (the"Commencement Date") c. Lease Termination Date. The Lease shall terminate at midnight on March 31, 2011 , or such earlier or later date as provided in Section 3(the "Termination Date"). d. Base Rent. The base monthly rent shall be (check one) ❑ $ , or 0 according to the Rent Rider attached hereto Rent shall be payable at Landlord's address shown in Section 1(h) below, or such other place designated in writing by Landlord e. Prepaid Rent. Upon execution of this Lease, Tenant shall deliver to Landlord the sum of $ 4500 as prepaid rent, to be applied to the Rent due for the first month(s) of the Lease f. Security Deposit. The amount of the security deposit is $ 1.000 g. Permitted Use. The Premises shall be used only for any legal use and for no other purpose without the prior written consent of Landlord h. Notice and Payment Addresses: Landlord- 17817 146th Avenue SE, Renton, WA 98058 Fax No.: Tenant City of Kent. Facilities Management, 220 Fourth Ave S., Kent, WA 98032 Fax No. 253- 856-6080 2. PREMISES. Landlord leases to Tenant, and Tenant leases from Landlord the Premises upon the terms specified in this Lease 3. TERM. a. Commencement Date. The Lease shall commence on the date specified in Section 1(b), or on such earlier or later date as may be specified by written notice delivered by Landlord to Tenant advising Tenant that the Premises are ready for possession and specrfying the Commencement Date, which shall not be less than days (30 if not filled in) days following the date of such notice If Tenant occupies the Premises before the Commencement Date specified in Section 1(b), then the Commencement Date shall be the date of occupancy If Landlord acts diligently to make the Premises available to Tenant, neither Landlord nor any agent or employee of Landlord shall be liable for any damage or loss due to Landlord's inability or failure to deliver possession of the Premises to Tenant as provided in this Lease The Termination Date shall be modified upon any change in the Commencement Date so that the length of the Lease term is not changed If Landlord does not deliver possession of the Premises to Tenant within days (60 if not filled in) after the date specified in Section 1(b), Tenant may elect to cancel this Lease by giving written notice to Landlord within 10 days after such time period ends. If Tenant gives such notice, the Lease shall be cancelled, all prepaid rent and security deposits shall be refunded to tenant, and neither Landlord nor Tenant shall have any further obligations to the other The first"Lease Year" shall commence on the Commencement Date and shall end on the date which is twelve (12) months from the end of the month in which the Commencement Date occurs. Each successive MENNEN Llewellyn Real Estate ®Copyright 1999-2005 (;,,33e �� PO Box902, Commercial Brokers Association j All Rights Reserved MEN■Llewellyn Kent,WA98035 CBA Form ST-LS i• �� Phone (253)852-1898 Single Tenant Lease Agreement IS ■Real Estum Fax (253)852-1899 Rev 1103 Page 2 of 18 LEASE AGREEMENT (Single Tenant For Entire Parcel—Triple Net) (Continued) Lease Year during the initial term and any extension terms shall be twelve (12) months, commencing on the first day following the end of the preceding Lease Year, except that the last Lease Year shall end on the Termination Date b. Tenant Obligations. To the extent Tenant's tenant improvements are not completed in time for the Tenant to occupy or take possession of the Premises on the Commencement Date due to the failure of Tenant to fulfill any of its obligations under this Lease, the Lease shall nevertheless commence on the Commencement Date Except as specified elsewhere in this Lease, Landlord makes no representations or warranties to Tenant regarding the Premises, including the structural condition of the Premises and the condition of all mechanical, electrical, and other systems on the Premises Except for any tenant improvements described on attached Exhibit B to be completed by Landlord (defined therein as "Landlord's Work"), Tenant shall be responsible for performing any work necessary to bring the Premises into condition satisfactory to Tenant By signing this Lease, Tenant acknowledges that it has had adequate opportunity to investigate the Premises, acknowledges responsibility for making any corrections, alterations and repairs to the Premises (other than the Landlord's Work), and acknowledges that the time needed to complete any such items shall not delay the Commencement Date Attached Exhibit B sets forth all Landlord's Work, if any, and all tenant improvements to be completed by Tenant ("Tenant's Work"), which is to be performed on the Premises. Responsibilities for design, payment and performance of all such work shall be as set forth on attached Exhibit B. If Tenant fails to notify Landlord of any defects in the Landlord's Work within ten (10) days of delivery of possession to Tenant, Tenant shall be deemed to have accepted the Premises in their then condition If Tenant discovers any major defects in the Landlord's Work during this 10-day period that would prevent Tenant from using the Premises for its intended purpose, Tenant shall so notify Landlord in writing and the Commencement Date shall be delayed until after Landlord has corrected the major defects and Tenant has had five (5) days to inspect and approve the Premises after Landlord's correction of such defects The Commencement Date shall not be delayed if Tenant's inspection reveals minor defects in the Landlord's Work that will not prevent Tenant from using the Premises for their intended purpose Tenant shall prepare a punch list of all minor defects and provide the punch list to Landlord Landlord shall promptly correct all punch list items. 4. RENT. Tenant shall pay Landlord without demand, deduction or offset, in lawful money of the United States, the monthly rental stated in Section 1(d) in advance on or before the first day of each month during the Lease Term, and any other additional payments due to Landlord (collectively the "Rent") when required under this Lease Payments for any partial month at the beginning or end of the Lease term shall be prorated. If any sums payable by Tenant to Landlord under this Lease are not received by the fifth (5th) day of each month, Tenant shall pay Landlord in addition to the amount due, for the cost of collecting and handling such late payment, an amount equal to the greater of $100 or five percent (5%) of the delinquent amount In addition, all delinquent sums payable by Tenant to Landlord and not paid within five days of the due date shall, at Landlord's option, bear interest at the rate of twelve percent (12%) per annum, or the highest rate of interest allowable by law, whichever is less. Interest on all delinquent amounts shall be calculated from the original due date to the date of payment Landlord's acceptance of less than the full amount of any payment due from Tenant shall not be deemed an accord and satisfaction or compromise of such payment unless Landlord specifically SIEMENS Llewellyn Real Estate ®Copyright 1999-2005 ■■■■■ PO Box 902, Commercial Brokers Association All Rights Reserved ••■Llewe llyn Kent,WA98035 8 0 Phone (253)852-1898 CBA Form ST-LS •• I�RNl Iltfiah Single Tenant Lease Agreement Fax (253)852-1899 Rev 1103 Page 3 of 18 LEASE AGREEMENT (Single Tenant For Entire Parcel-Triple Net) (Continued) consents in writing to payment of such lesser sum as an accord and satisfaction or compromise of the amount which Landlord claims. 5. SECURITY DEPOSIT. Upon execution of this Lease, Tenant shall deliver to Landlord the security deposit specified in Section 1(f) above Landlord may commingle the security deposit with its other funds If Tenant breaches any covenant or condition of this Lease, including but not limited to the payment of Rent, Landlord may apply all or any part of the security deposit to the payment of any sum in default and any damage suffered by Landlord as a result of Tenant's breach In such event, Tenant shall, within five (5) days after written demand therefor by Landlord, deposit with Landlord the amount so applied Any payment to Landlord from the security deposit shall not be construed as a payment of liquidated damages for any default If Tenant complies with all of the covenants and conditions of this Lease throughout the Lease term, the securely deposit shall be repaid to Tenant without interest within 30 days after the vacation of the Premises by Tenant. 6. USES. The Premises shall be used only for the use(s) specified in Section 1(g) above (the "Permitted Use"), and for no other business or purpose without the prior written consent of Landlord. No act shall be done on or around the Premises that is unlawful or that will increase the existing rate of insurance on the Premises Tenant shall not commit or allow to be committed any waste upon the Premises, or any public or private nuisance 7. COMPLIANCE WITH LAWS. Tenant shall not cause or permit the Premises to be used in any way which violates any law, ordinance, or governmental regulation or order Landlord represents to Tenant that, to the best of Landlord's knowledge, with the exception of any Tenant's Work, as of the Commencement Date, the Premises comply with all applicable laws, rules, regulations, or orders, including without limitation, the Americans With Disabilities Act, if applicable, and Landlord shall be responsible to promptly cure any noncompliance which existed on the Commencement Date Tenant shall be responsible for complying with all laws applicable to the Premises as a result of Tenant's particular use, such as modifications required by the Americans With Disabilities Act as a result of Tenant opening the Premises to the public as a place of public accommodation. If the enactment or enforcement of any law, ordinance, regulation or code during the Lease term requires any changes to the Premises during the Lease term, the Tenant shall perform all such changes at its expense if the changes are required due to the nature of Tenant's activities at the Premises, or to alterations that Tenant seeks to make to the Premises; otherwise, Landlord shall perform all such changes at as expense 8. UTILITIES. Landlord shall not be responsible for providing any utilities to the Premises, but represents and warrants to Tenant that as of the Commencement Date electricity, water, sewer, and telephone utilities are available at or adjacent to the Premises. Tenant shall determine whether the available capacity of such utilities will meet Tenant's needs Tenant shall install and connect, if necessary, and directly pay for all water, sewer, gas, janitorial, electricity, garbage removal, heat, telephone, and other utilities and services used by Tenant on the Premises during the Term, whether or not such services are billed directly to Tenant Tenant will also procure, or cause to be procured, without cost to Landlord, all necessary permits, licenses or other authorizations required for the lawful and proper installation, maintenance, replacement, and removal on or from the Premises of wires, pipes, conduits, tubes, and other equipment and appliances for use in supplying all utilities or services to the Premises. Landlord, upon request of Tenant, and at the sole expense and liability of Tenant, shall join with Tenant in any application required for obtaining or continuing such utilities or services SIMMONS Llewellyn Real Estate 0Copyright 1999-2005 SENSE PO Box 902, Commercial Brokers Association cw f All Rights Reserved 00ELlewellyn Kent, (253)85 CBA Form ST-LS Phone (253)852-1898 Single Tenant Lease Agreement IS ■RNI �rttnN Fax (253)852-1899 Rev 1/03 Page 4 of 18 LEASE AGREEMENT (Single Tenant For Entire Parcel-Triple Net) (Continued) 9. TAXES. Tenant shall pay all Taxes (defined below) applicable to the Premises during the Lease term All payments for Taxes shall be made at least ten (10) days prior to their due date Tenant shall promptly furnish Landlord with satisfactory evidence that Taxes have been paid If any Taxes paid by Tenant cover any period of time before or after the expiration of the Term, Tenant's share of those Taxes paid will be prorated to cover only the period of time within the tax fiscal year during which this Lease was in effect, and Landlord shall promptly reimburse Tenant to the extent required If Tenant falls to timely pay any Taxes, Landlord may pay them, and Tenant shall repay such amount to Landlord with Tenant's next rent Installment The term "Taxes" shall mean (i) any form of real estate tax or assessment Imposed on the Premises by any authority, Including any city, state or federal government, or any Improvement district, as against any legal or equitable interest of Landlord or Tenant in the Premises or in the real property of which the Premises are a part, or against rent paid for leasing the Premises, and (ii) any form of personal property tax or assessment imposed on any personal property, fixtures, furniture, tenant improvements, equipment, inventory, or other items, and all replacements, Improvements, and additions to them, located on the Premises, whether owned by Landlord or Tenant "Taxes" shall exclude any net income tax imposed on Landlord for Income that Landlord receives under this Lease Tenant may contest the amount or validity, in whole or in part, of any Taxes at Its sole expense, only after paying such Taxes or posting such security as Landlord may reasonably require in order to protect the Premises against loss or forfeiture Upon the termination of any such proceedings, Tenant shall pay the amount of such Taxes or part of such Taxes as finally determined, together with any costs fees, interest penalties, or other related liabilities Landlord shall cooperate with Tenant in contesting any Taxes, provided Landlord incurs no expense or liability in doing so 10. ALTERATIONS. Tenant may make alterations, additions or improvements to the Premises, including any Tenant's Work Identified on attached Exhibit B (`Alterations"), with the prior written consent of Landlord The term "Alterations" shall not include the installation of shelves, movable partitions, Tenant's equipment, and trade fixtures which may be performed without damaging existing improvements or the structural integrity of the Premises, and Landlord's consent shall not be required for Tenant's installation of those items Tenant shall complete all Alterations at Tenant's expense in compliance with all applicable laws and in accordance with plans and specifications approved by Landlord, and using contractors approved by Landlord Landlord shall be deemed the owner of all Alterations except for those which Landlord requires to be removed at the end of the Lease term Tenant shall remove all Alterations at the end of the Lease term unless Landlord conditioned its consent upon Tenant leaving a specified Alteration at the Premises, in which case Tenant shall not remove such Alteration Tenant shall immediately repair any damage to the Premises caused by removal of Alterations. 11. REPAIRS AND MAINTENANCE. Tenant shall, at its sole expense, maintain the Premises in good condition and promptly make all repairs and replacements, whether structural or non- structural, necessary to keep the Premises in safe operating condition, including all utilities and other systems serving the Premises, but excluding the root, foundation and exterior walls, which Landlord shall maintain in good condition and repair at Landlord's expense Tenant shall not damage any demising wall or disturb the structural integrity of the Premises and shall promptly repair any damage or injury done to any such demising walls or structural elements caused by Tenant or its employees, agents, contractors, or invitees Notwithstanding anything in this Section to the contrary, Tenant shall not be responsible for any repairs to the Premises made necessary by the negligence or willful misconduct of Landlord or its agents, employees, contractors or BlliRNEO Llewellyn Real Estate ®Copyright 1999-2005 ,,�,� 11 BEM PO Box 902, Commercial Brokers Association All Rights Reserved Kent,WA 98035 60 lewellyn ( ) �� Phone 253 852-1898 CBA Form ST-LS ■■ I11RNI Single Tenant Lease Agreement Fax (253)852-1899 Rev 1103 Page 5 of 18 LEASE AGREEMENT (Single Tenant For Entire Parcel—Triple Net) (Continued) Invitees therein. Upon expiration of the Lease term, whether by lapse of time or otherwise, Tenant shall promptly and peacefully surrender the Premises, together with all keys, to Landlord in as good condition as when received by Tenant from Landlord or as thereafter improved, reasonable wear and tear and insured casualty excepted 12. ACCESS AND RIGHT OF ENTRY. After reasonable notice from Landlord (except in cases of emergency, where no notice is required), Tenant shall permit Landlord and its agents, employees and contractors to enter the Premises at all reasonable times to make repairs, inspections, alterations or improvements This Section shall not impose any repair or other obligation upon Landlord not expressly stated elsewhere in this Lease After reasonable notice to Tenant, Landlord shall have the right to enter the Premises for the purpose of showing the Premises to prospective purchasers or lenders at any time, and to prospective tenants within 180 days prior to the expiration or sooner termination of the Lease term, and for posting "for lease"signs within 180 days prior to the expiration or sooner termination of the Lease term 13. SIGNAGE. Tenant shall obtain Landlord's written consent before installing any signs upon the Premises Tenant shall install any approved signage at Tenant's sole expense and in compliance with all applicable laws. Tenant shall not damage or deface the Premises in installing or removing signage and shall repair any injury or damage to the Premises caused by such installation or removal 14. DESTRUCTION OR CONDEMNATION. a. Damage and Repair. If the Premises are partially damaged but not rendered untenantable, by fire or other insured casualty, then Landlord shall diligently restore the Premises and this Lease shall not terminate The Premises shall not be deemed untenantable if less than twenty- five percent (25%) of the Premises are damaged Landlord shall have no obligation to restore the Premises if insurance proceeds are not available to pay the entire cost of such restoration If insurance proceeds are available to Landlord but are not sufficient to pay the entire cost of restoring the Premises, then Landlord may elect to terminate this Lease and keep the insurance proceeds, by notifying Tenant within sixty(60) days of the date of such casualty If the Premises are entirely destroyed, or partially damaged and rendered untenantable, by fire or other casualty, Landlord may, at its option (a)terminate this Lease as provided herein, or (b) restore the Premises to their previous condition If, within 60 days after receipt by Landlord from Tenant of written notice that Tenant deems the Premises untenantable, Landlord falls to notify Tenant of its election to restore the Premises, or if Landlord is unable to restore the Premises within six (6) months of the date of the casualty event, then Tenant may elect to terminate the Lease. If Landlord restores the Premises under this Section 14(a), Landlord shall proceed with reasonable diligence to complete the work, and the base monthly rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole Premises, provided that there shall be a rent abatement only if the damage or destruction of the Premises did not result from, or was not contributed to directly or indirectly by the act, fault or neglect of Tenant, or Tenant's officers, contractors, licensees, subtenants, agents, servants, employees, guests, invitees or visitors Provided, Landlord complies with its obligations under this Section, no damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business or annoyance directly, incidentally or consequentially arising from any repair or restoration of any portion of the Premises Landlord will not carry insurance of any kind for the ■■■■■■ Llewellyn Real Estate ®Copyright 1999-2005 ,,�,�/ ■■■■■ PO Box 902, Commercial Brokers Association �,;j All Rights Reserved ■■■Llewellyn Kent,W(98035 m m■ CBA Form Agreement ■■ Phone 253 852-1898 Single Tenant Lease Agreement ■ ■Raml EsNN Fax (253)852-1899 Rev 1/03 Page 6 of 18 LEASE AGREEMENT (Single Tenant For Entire Parcel—Triple Net) (Continued) protection of Tenant or any improvements paid for by Tenant or as provided in Exhibit B or on Tenant's furniture or on any fixtures, equipment, improvements or appurtenances of Tenant under this Lease, and Landlord shall not be obligated to repair any damage thereto or replace the same unless the damage is caused by Landlord's negligence or willful misconduct b. If the Premises are made untenantable by eminent domain, or conveyed under a threat of condemnation, this Lease shall automatically terminate as of the earlier of the date title vests in the condemning authority or the condemning authority first has possession of the Premises and all Rents and other payments shall be paid to that date In case of taking of a part of the Premises that does not render the Premises untenantable, then this Lease shall continue in full force and effect and the base monthly rental shall be equitably reduced based on the proportion by which the floor area of any structures is reduced, such reduction in Rent to be effective as of the earlier of the date the condemning authority first has possession of such portion or title vests in the condemning authority Landlord shall be entitled to the entire award from the condemning authority attributable to the value of the Premises and Tenant shall make no claim for the value of its leasehold Tenant shall be permitted to make a separate claim against the condemning authority for moving expenses or damages resulting from interruption in its business, provided that in no event shall Tenant's claim reduce Landlord's award 15. INSURANCE. a. Liability Insurance. During the Lease term, Tenant shall pay for and maintain commercial general liability insurance with broad form property damage and contractual liability endorsements This policy shall name Landlord and Landlord's lender(s) as an additional insured, and shall insure Tenant's activities and those of Tenant's employees, officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors with respect to the Premises against loss, damage or liability for personal injury or bodily injury (including death) or loss or damage to property with a combined single limit of not less than $1,000,000, and a deductible of not more than $5,000 The insurance will be noncontributory with any liability insurance carried by Landlord b. Property Insurance. During the Lease term, Tenant shall pay for and maintain special form property insurance (with coverage for earthquake and, if the Premises are in a flood plain, flood damage) for the Premises, in an amount sufficient to prevent Landlord or Tenant from becoming a co-insurer under the terms of the policy, and in an amount not less than the full replacement cost of the Premises, with a deductible of not more than $5,000. The property insurance policy shall name Tenant as the insured and Landlord and Landlord's lender(s) as additional insureds, with loss payable to Landlord, Landlord's lender(s), and Tenant as their interests may appear In the event of a casualty loss on the Premises, Landlord may apply insurance proceeds under the property insurance policy in the manner described in Section 14(a) c. Miscellaneous. Insurance required under this Section shall be with companies rated A-V or better in Best's Insurance Guide, and which are authorized to transact business in the State of Washington No insurance policy shall be cancelled or reduced In coverage and each such policy shall provide that it is not subject to cancellation or a reduction in coverage except after thirty (30) days prior written notice to Landlord Tenant shall deliver to Landlord upon commencement of the Lease and from time to time thereafter, copies of the insurance policies or certificates of insurance and copies of endorsements required by this Section. In no event shall the limit of such policies be considered as limiting the liability of Tenant under this Lease d. Waiver of Subrogation. Landlord and Tenant hereby release each other and any other tenant, their agents or employees, from responsibility for, and waive their entire claim of recovery ■■1♦■■■ Llewellyn Real Estate ®Copyright 1999-2005 Commercial Brokers Association ■■■■■ PO BOX 902, All Rights Reserved •■■L'ewe11yn Kent,WA9�35 ■■■ CBA Form ST-LS Phone 253 852-1898 ■■ in �dato Single Tenant Lease Agreement ■ Fax (253)852-1899 Rev 1103 Page 7 of 18 LEASE AGREEMENT (Single Tenant For Entire Parcel—Triple Net) (Continued) for any loss or damage arising from any cause covered by Insurance required to be carried by each of them Each party shall provide notice to the Insurance carrier or carriers of this mutual waiver of subrogation, and shall cause its respective insurance carriers to waive all rights of subrogation against the other This waiver shall not apply to the extent of the deductible amounts to any such policies or to the extent of liabilities exceeding the limits of such policies 16. INDEMNIFICATION. Tenant shall defend, indemnify, and hold Landlord harmless against all liabilities, damages, costs, and expenses, including attorneys' fees, for personal injury, bodily injury (including death) or property damage arising from any negligent or wrongful act or omission of Tenant or Tenant's officers, contractors, licensees, subtenants, agents, servants, employees, guests, invitees, or visitors on or around the Premises, or arising from any breach of this Lease by Tenant. Tenant shall use legal counsel acceptable to Landlord in defense of any action within Tenant's defense obligation Landlord shall defend, indemnify and hold Tenant harmless against all liabilities, damages, costs, and expenses, including attorneys' fees, for personal injury, bodily injury (including death) or property damage arising from any negligent or wrongful act or omission of Landlord or Landlord's officers, contractors, licensees, agents, servants, employees, guests, invitees, or visitors on or around the Premises, or arising from any breach of this Lease by Landlord Landlord shall use legal counsel acceptable to Tenant in defense of any action within Landlord's defense obligation. The provisions of this Section 16 shall survive expiration or termination of this Lease 17. ASSIGNMENT AND SUBLETTING. Tenant shall not assign, sublet, mortgage, encumber or otherwise transfer any interest in this Lease (collectively referred to as a"Transfer") or any part of the Premises, without first obtaining Landlord's written consent which shall not be unreasonably withheld or delayed No Transfer shall relieve Tenant of any liability under this Lease notwithstanding Landlord's consent to such Transfer Consent to any Transfer shall not operate as a waiver of the necessity for Landlord's consent to any subsequent Transfer If Tenant is a partnership, limited liability company, corporation, or other entity, any transfer of this Lease by merger, consolidation, redemption or liquidation, or any change(s) in the ownership of, or power to vote, which singularly or collectively represents a majority of the beneficial interest in Tenant, shall constitute a Transfer under this Section As a condition to Landlord's approval, if given, any potential assignee or sublessee otherwise approved by Landlord shall assume all obligations of Tenant under this Lease and shall be jointly and severally liable with Tenant and any guarantor, if required, for the payment of Rent and performance of all terms of this Lease In connection with any Transfer, Tenant shall provide Landlord with copies of all assignments, subleases and assumption instruments 18. LIENS. Tenant shall keep the Premises free from any liens created by or through Tenant. Tenant shall indemnify and hold Landlord harmless from liability for any such liens including, without limitation, liens arising from any Alterations If a lien is filed against the Premises by any person claiming by, through or under Tenant, Tenant shall, upon request of Landlord, at Tenant's expense, immediately furnish to Landlord a bond in form and amount and issued by a surety satisfactory to Landlord, indemnifying Landlord and the Premises against all liabilities, costs and expenses, including attorneys' fees, which Landlord could reasonably incur as a result of such lien(s) 19. DEFAULT. The following occurrences shall each be deemed an Event of Default by Tenant a. Failure To Pay. Tenant fails to pay any sum, including Rent, due under this Lease following five (5) days written notice from Landlord of the failure to pay MENNEN Llewellyn Real Estate 0 Copyright 1999-2005 ESE PO Box 902, Commercial Brokers Association All Rights Reserved •ONE ••Llewellyn Kent,WA9)35 CBA Form ST-LS Phone 253 $52-1898 Single Tenant Lease Agreement ■Rall IFstafw Fax (253)852-1899 Rev 1/03 Page 8 of 18 LEASE AGREEMENT (Single Tenant For Entire Parcel—Triple Net) (Continued) b. Vacation/Abandonment. Tenant vacates the Premises (defined as an absence for at least 15 consecutive days without prior notice to Landlord), or Tenant abandons the Premises (defined as an absence of five (5) days or more while Tenant Is in breach of some other term of this Lease) Tenant's vacation or abandonment of the Premises shall not be subject to any notice or right to cure c. Insolvency. Tenant becomes Insolvent, voluntarily or involuntarily bankrupt, or a receiver, assignee or other liquidating officer Is appointed for Tenant's business, provided that In the event of any involuntary bankruptcy or other Insolvency proceeding, the existence of such proceeding such constitute an Event of Default only If such proceeding Is not dismissed or vacated within 60 days after Its Institution or commencement d. Levy or Execution. Tenant's Interest In this Lease or the Premises, or any part thereof, is taken by execution or other process of law directed against Tenant, or Is taken upon or subjected to any attachment by any creditor of Tenant, if such attachment is not discharged within 15 days after being levied e. Other Non-Monetary Defaults. Tenant breaches any agreement, term or covenant of this Lease other than one requiring the payment of money and not otherwise enumerated In this Section, and the breach continues for a period of 30 days after notice by Landlord to Tenant of the breach f. Failure to Take Possession. Tenant fails to take possession of the Premises on the Commencement Date 20. REMEDIES. Landlord shall have the following remedies upon an Event of Default. Landlord's rights and remedies under this Lease shall be cumulative, and none shall exclude any other right or remedy allowed by law. a. Termination of Lease. Landlord may terminate Tenant's interest under the Lease, but no act by Landlord other than written notice of termination from Landlord to Tenant shall terminate this Lease. The Lease shall terminate on the date specified In the notice of termination Upon termination of this Lease, Tenant will remain liable to Landlord for damages In an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, If any, of any re-letting of the Premises by Landlord subsequent to the termination, after deducting all Landlord's Reletting Expenses (as defined below) Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant (1) unpaid rent which had been earned at the time of termination, (II) the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of rent loss that Tenant proves could reasonably have been avoided, (III) the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant proves could reasonably be avoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%), and (lv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform Its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, Including without limitation Reletting Expenses described In Section 20b b. Re-Entry and Reletting. Landlord may continue this Lease in full force and effect, and without demand or notice, re-enter and take possession of the Premises or any part thereof, expel the Tenant from the Premises and anyone claiming through or under the Tenant, and remove the personal property of either Landlord may relet the Premises, or any part of them, In MEMNON Llewellyn Real Estate ®Copyright 1999-2005 MEMOS PO Box 902, Commercial Brokers Association All Rights Reserved •MEN ■■Llewellyn Kent,WA 98035 CBA Form ST-LS Phone 253 852-1898 Single Tenant Lease Agreement ■Real Bak** Fax (253)852-1899 Rev 1/03 Page 9 of 18 LEASE AGREEMENT (Single Tenant For Entire Parcel—Triple Net) (Continued) Landlord's or Tenant's name for the account of Tenant, for such period of time and at such other terms and conditions, as Landlord, in its discretion, may determine Landlord may collect and receive the rents for the Premises Re-entry or taking possession of the Premises by Landlord under this Section shall not be construed as an election on Landlord's part to terminate this Lease, unless a written notice of termination is given to Tenant Landlord reserves the right following any re-entry or reletting, or both, under this Section to exercise its right to terminate the Lease Tenant will pay Landlord the rent and other sums which would be payable under this Lease if repossession had not occurred, less the net proceeds, if any, after reletting the Premises, after deducting Landlord's Reletting Expenses "Reletting Expenses" is defined to include all expenses incurred by Landlord in connection with reletting the Premises, including without limitation, all repossession costs, brokerage commissions, attorneys' fees, remodeling and repair costs, costs for removing and storing Tenant's property and equipment, and tenant improvements and rent concessions granted by Landlord to any new Tenant, prorated over the life of the new lease c. Waiver of Redemption Rights. Tenant, for itself, and on behalf of any and all persons claiming through or under Tenant, including creditors of all kinds, hereby waives and surrenders all rights and privileges which they may have under any present or future law, to redeem the Premises or to have a continuance of this Lease for the Lease term, as it may have been extended. d. Nonpayment of Additional Rent. All costs which Tenant agrees to pay to Landlord pursuant to this Lease shall in the event of nonpayment be treated as if they were payments of Rent, and Landlord shall have all the rights herein provided for in case of nonpayment of Rent e. Failure to Remove Property. If Tenant fails to remove any of its property from the Premises at Landlord's request following an uncured Event of Default, Landlord may, at its option, remove and store the property at Tenant's expense and risk If Tenant does not pay the storage cost within five (5) days of Landlord's request, Landlord may, at its option, have any or all of such property sold at public or private sale (and Landlord may become a purchaser at such sale), in such manner as Landlord deems proper, without notice to Tenant Landlord shall apply the proceeds of such sale: (i) to the expense of such sale, including reasonable attorneys' fees actually incurred, (ii)to the payment of the costs or charges for storing such property, (iil) to the payment of any other sums of money which may then be or thereafter become due Landlord from Tenant under any of the terms hereof, and (iv)the balance, if any, to Tenant Nothing in this Section shall limit Landlord's right to sell Tenant's personal property as permitted by law or to foreclose Landlord's lien for unpaid rent 21. MORTGAGE SUBORDINATION AND ATTORNMENT This Lease shall automatically be subordinate to any mortgage or deed of trust created by Landlord which is now existing or hereafter placed upon the Premises including any advances, interest, modifications, renewals, replacements or extensions ("Landlord's Mortgage"), provided the holder of any Landlord's Mortgage or any person(s) acquiring the Premises at any sale or other proceeding under any such Landlord's Mortgage shall elect to continue this Lease in full force and effect Tenant shall attorn to the holder of any Landlord's Mortgage or any person(s) acquiring the Premises at any sale or other proceeding under any Landlord's Mortgage provided such person(s) assume the obligations of Landlord under this Lease Tenant shall promptly and in no event later than fifteen (15) days after request execute, acknowledge and deliver documents which the holder of any Landlord's Mortgage may reasonably require as further evidence of this subordination and attornment Notwdhstanding the foregoing, Tenant's obligations under this Section are conditioned on the holder of each Landlord's Mortgage and each person acquiring the Premises Emission Llewellyn Real Estate 0 Copyright 1999-2005 Commercial Brokers Association ■■■■■ PO Box 902, All Rights Reserved ■■■Llewellyn lent,WA9�35 ■■■ CBA Form ST-LS ■■ Phone 253 852-1898 Single Tenant Lease Agreement ■ ■R" Estads Fax (253)852-1899 Rev 1103 Page 10 of 18 LEASE AGREEMENT (Single Tenant For Entire Parcel—Triple Net) (Continued) at any sale or other proceeding under any such Landlord's Mortgage not disturbing Tenant's occupancy and other rights under this Lease, so long as no uncured Event of Default exists 22. NON-WAIVER. Landlord's waiver of any breach of any term contained in this Lease shall not be deemed to be a waiver of the same term for subsequent acts of Tenant The acceptance by Landlord of Rent or other amounts due by Tenant hereunder shall not be deemed to be a waiver of any breach by Tenant preceding such acceptance 23. HOLDOVER. If Tenant shall, without the written consent of Landlord, hold over after the expiration or termination of the Term, such tenancy shall be deemed to be on a month-to-month basis and may be terminated according to Washington law During such tenancy, Tenant agrees to pay to Landlord 125%the rate of rental last payable under this Lease, unless a different rate is agreed upon by Landlord All other terms of the Lease shall remain in effect 24. NOTICES. All notices under this Lease shall be in writing and effective (i)when delivered in person, (it) three (3) days after being sent by registered or certified mail to Landlord or Tenant, as the case may be, at the Notice Addresses set forth in Section 1(h), or (iii) upon confirmed transmission by facsimile to such persons at the facsimile numbers set forth in Section 1(h) or such other addresses/facsimile numbers as may from time to time be designated by such parties in writing. 25. COSTS AND ATTORNEYS' FEES. If Tenant or Landlord engage the services of an attorney to collect monies due or to bring any action for any relief against the other, declaratory or otherwise, arising out of this Lease, including any suit by Landlord for the recovery of Rent or other payments, or possession of the Premises, the losing party shall pay the prevailing party a reasonable sum for attorneys' fees in such suit, in mediation or arbitration, at trial, on appeal and in any bankruptcy proceeding. 26. ESTOPPEL CERTIFICATES. Tenant shall, from time to time, upon written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and complete (i) the date the Lease term commenced and the date it expires, (it) the amount of minimum monthly Rent and the date to which such Rent has been paid, (iii) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way, (lv) that this Lease represents the entire agreement between the parties, (v)that all conditions under this Lease to be performed by Landlord have been satisfied; (vi) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord, (vii) that no Rent has been paid more than one month in advance, and (vitt) that no security has been deposited with Landlord (or, if so, the amount thereof) Any such statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days of receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to have given such certificate as above provided without modification and shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee 27. TRANSFER OF LANDLORD'S INTEREST. This Lease shall be assignable by Landlord without the consent of Tenant In the event of any transfer or transfers of Landlord's interest In the Premises, other than a transfer for security purposes only, upon the assumption of this Lease by the transferee, Landlord shall be automatically relieved of obligations and liabilities accruing from Brij NEN Llewellyn Real Estate 0 Copyright 1999-2005 (, / PO Box 902, Commercial Brokers AssociationNEESE (� All Rights Reserved ,Ems •,Llewellyn Kent,WA 98035 CBA Form ST-LS Phone (253)852-1898 Single Tenant Lease Agreement ■R00111 Esfaf0 Fax (253)852-1899 Rev 1/03 Page 11 of 18 LEASE AGREEMENT (Single Tenant For Entire Parcel—Triple Net) (Continued) and after the date of such transfer, except for any retained security deposit or prepaid rent, and Tenant shall attorn to the transferee. 28. RIGHT TO PERFORM. If Tenant shall fail to timely pay any sum or perform any other act on its part to be performed hereunder, Landlord may make any such payment or perform any such other act on Tenant's part to be made or performed as provided in this Lease Tenant shall, on demand, reimburse Landlord for its expenses incurred in making such payment or performance Landlord shall (in addition to any other right or remedy of Landlord provided by law) have the same rights and remedies in the event of the nonpayment of sums due under this Section as in the case of default by Tenant in the payment of Rent 29. HAZARDOUS MATERIAL. Landlord represents and warrants to Tenant that to the best of Landlord's knowledge, there is no "Hazardous Material" (as defined below) on, in, or under the Premises as of the Commencement Date except as otherwise disclosed to Tenant in writing before the execution of this Lease If there is any Hazardous Material on, in, or under the Premises as of the Commencement Date which has been or thereafter becomes unlawfully released through no fault of Tenant, then Landlord shall indemnify, defend and hold Tenant harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses including without limitation sums paid in settlement of Claims, attomeys'fees, consultant fees and expert fees, incurred or suffered by Tenant either during or after the Lease term as the result of such contamination Tenant shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about, or disposed of on the Premises by Tenant, Its agents, employees, contractors or invitees, except in strict compliance with all applicable federal, state and local laws, regulations, codes and ordinances If Tenant breaches the obligations stated in the preceding sentence, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses including, without limitation, diminution in the value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, or elsewhere, damages arising from any adverse impact on marketing of space at the Premises, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees incurred or suffered by Landlord either during or after the Lease term These indemnifications by Landlord and Tenant include, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work, whether or not required by any federal, state or local governmental agency or political subdivision, because of Hazardous Material present in the Premises, or in soil or ground water on or under the Premises. Tenant shall Immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the Premises Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, results in any unlawful release of Hazardous Material on the Premises or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Premises or any other property, to the condition existing prior to the release of any such Hazardous Material, provided that Landlord's approval of such actions shall first be obtained, which approval may be withheld at Landlord's sole discretion. As used herein, the term "Hazardous Material" means any hazardous, dangerous, toxic or harmful substance, material or waste including biomedical waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Government Emmons Llewellyn Real Estate ®Copyright 1999-2005 ■■■■■ PO Box 902, Commercial Brokers Association (� ■■■ All Rights Reserved Kent,WA 98035 m■■ lewel lyn Phone (253)852-1898 CBA Form ST-LS M IN ■Real ENefe Single Tenant Lease Agreement E Fax (253)852-1899 Rev vos Page 12 of 18 LEASE AGREEMENT (Single Tenant For Entire Parcel—Triple Net) (Continued) due to Its potential harm to the health, safety or welfare of humans or the environment The provisions of this Section 29 shall survive expiration or termination of this Lease. 30. QUIET ENJOYMENT So long as Tenant pays the Rent and performs all of its obligations in this Lease, Tenant's possession of the Premises will not be disturbed by Landlord or anyone claiming by, through or under Landlord, or by the holders of any Landlord's Mortgage or any successor thereto 31. GENERAL. a. Heirs and Assigns. This Lease shall apply to and be binding upon Landlord and Tenant and their respective heirs, executors, administrators, successors and assigns b. Brokers' Fees. Tenant represents and warrants to Landlord that it has not engaged any broker, finder or other person who would be entitled to any commission or fees for the negotiation, execution, or delivery of this Lease other than as disclosed elsewhere in this Lease. Tenant shall indemnify and hold Landlord harmless against any loss, cost, liability or expense incurred by Landlord as a result of any claim asserted by any such broker, finder or other person on the basis of any arrangements or agreements made or alleged to have been made by or on behalf of Tenant This subparagraph shall not apply to brokers with whom Landlord has an express written brokerage agreement c. Entire Agreement. This Lease contains all of the covenants and agreements between Landlord and Tenant relating to the Premises No prior or contemporaneous agreements or understanding pertaining to the Lease shall be valid or of any force or effect and the covenants and agreements of this Lease shall not be altered, modified or added to except in writing signed by Landlord and Tenant. d. Severability. Any provision of this Lease which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision of this Lease e. Force Majeure. Time periods for either party's performance under any provisions of this Lease (excluding payment of Rent) shall be extended for periods of time during which the party's performance is prevented due to circumstances beyond such party's control, including without limitation, fires, floods, earthquakes, lockouts, strikes, embargoes, governmental regulations, acts of God, public enemy, war or other strife f. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of Washington. g. Memorandum of Lease. Except for the pages containing the Commission Agreement, the parties signatures and attached Exhibit A, this Lease shall not be recorded However, Landlord and Tenant shall, at the other's request, execute and record a memorandum of Lease in recordable form that identifies Landlord and Tenant, the commencement and expiration dates of the Lease, and the legal description of the Premises as set forth on attached Exhibit A In. Submission of Lease Form Not an Offer. One party's submission of this Lease to the other for review shall not constitute an offer to lease the Premises This Lease shall not become effective and binding upon Landlord and Tenant until it has been fully signed by both Landlord and Tenant i. Authority of Parties. Any individual signing this Lease on behalf of an entity represents and warrants to the other that such individual has authority to do so and, upon such individual's execution, that this Lease shall be binding upon and enforceable against the party on behalf of whom such Individual is signing ��■ Llewellyn Real Estate 0 Copyright 1999.2005 awl', �E M PC Box 902, Commercial Brokers Association a All Rights Reserved f •■■Llewellyn Kent,WA 98035 CBA Form ST-LS IN 0Phone 253 852-1898 Single Tenant Lease Agreement IN ■Real lsir" Fax (253)852-1899 Rev 1/03 Page 13 of 18 LEASE AGREEMENT (Single Tenant For Entire Parcel—Triple Net) (Continued) 32. EXHIBITS AND RIDERS. The following exhibits and riders are made a part of this Lease. Exhibit A - Legal Description Exhibit B -Tenant Improvement Schedule (Check the box for any of the following that will apply. Any riders checked shall be effective only upon being initialed by the parties and attached to the Lease Capitalized terms used in the Riders have the meanings given to them in the Lease.) ❑ Rent Rider ❑ Retail Use Rider ❑ Arbitration Rider ❑ Limitation on Landlord's Liability Rider ❑ Guaranty of Tenant's Lease Obligations Rider ❑ Option to Extend Rider 33. AGENCY DISCLOSURE. At the signing of this Lease Landlord's Agent Morgan Llewellyn & Llewellyn Real Estate (Insert name of Licensee and Company name as licensed) represented Landlord (Insert Landlord, Tenant, both Landlord and Tenant, or neither Landlord nor Tenant) and Tenant's Licensee N/A (Insert name of Licensee and Company name as licensed) represented N/A (Insert Landlord, Tenant, both Landlord and Tenant, or neither Landlord nor Tenant) If Tenant's Licensee and Landlord's Agent are different salespersons affiliated with the same Broker, then both Tenant and Landlord confirm their consent to that Broker acting as a dual agent If Tenant's Licensee and Landlord's Agent are the same salesperson representing both parties, then both Landlord and Tenant confirm their consent to that salesperson and his/her Broker acting as dual agents If Tenant's Licensee, Landlord's Agent, or their Broker are dual agents, Landlord and Tenant consent to Tenant's Licensee, Landlord's Agent and their Broker being compensated based on a percentage of the rent or as otherwise disclosed on an attached addendum Neither Tenant's Licensee, Landlord's Agent or their Broker are receiving compensation from more than one party to this transaction unless otherwise disclosed on an attached addendum, in which case Landlord and Tenant consent to such compensation Landlord and Tenant confirm receipt of the pamphlet entitled "The Law of Real Estate Agency" 34. COMMISSION AGREEMENT. Landlord agrees to pay a commission to Landlord's Broker (identified in the Agency Disclosure paragraph above) as follows ❑ $ ❑ %of the gross rent payable pursuant to the lease ❑ $ per square foot of the premises MEMNON Llewellyn Real Estate 0 Copyright 1999-2005 ,,,,./ :: PO Box 902, Commercial Brokers Association (; All Rights Reserved Kent,WA 98035 m m� lewellyn Phone (253)852-1898 CBA Form ST-LS M ■RM� � Single Tenant Lease Agreement Fax (253)852-1899 Rev 1103 Page 14 of 18 LEASE AGREEMENT (Single Tenant For Entire Parcel—Triple Net) (Continued) ❑ Other Landlord's Broker ❑ shall ❑ shall not (shall not if not filled in) be entitled to a commission upon the extension by Tenant of the Lease term pursuant to any right reserved to Tenant under the Lease calculated ❑ as provided above or ❑ as follows (if no box is checked, as provided above) Landlord's Broker ❑ shall ❑ shall not (shall not if not filled in) be entitled to a commission upon any expansion of Premises pursuant to any right reserved to Tenant under the Lease, calculated ❑ as provided above or ❑ as follows (if no box is checked, as provided above). Any commission shall be earned upon occupancy of the Premises by Tenant, and paid one-half upon execution of the Lease and one-half upon occupancy of the Premises by Tenant Landlord's Broker shall pay to Tenant's Broker (identified in the Agency Disclosure paragraph above) the amount stated in a separate agreement between them or, if there is no agreement, $ _ / % (complete only one) of any commission paid to Landlord's Broker, within five (5) days after receipt by Landlord's Broker If any other lease or sale is entered into between Landlord and Tenant pursuant to a right reserved to Tenant under the Lease, Landlord ❑ shall ❑ shall not (shall not if not filled in) pay an additional commission according to any commission agreement or, in the absence of one, according to the commission schedule of Landlord's Broker in effect as of the execution of this Lease Landlord's successor shall be obligated to pay any unpaid commissions upon any transfer of this Lease and any such transfer shall not release the transferor from liability to pay such commissions. 35. BROKER PROVISIONS. LANDLORD'S AGENT, TENANT'S LICENSEE AND THEIR BROKERS HAVE MADE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE PREMISES, THE MEANING OF THE TERMS AND CONDITIONS OF THIS LEASE, LANDLORD'S OR TENANT'S FINANCIAL STANDING, ZONING, COMPLIANCE OF THE PREMISES WITH APPLICABLE LAWS, SERVICE OR CAPACITY OF UTILITIES, OPERATING EXPENSES, OR HAZARDOUS MATERIALS LANDLORD AND TENANT ARE EACH ADVISED TO SEEK INDEPENDENT LEGAL ADVICE ON THESE AND OTHER MATTERS ARISING UNDER THIS LEASE IN WITGNESS�W�HERE thi ease has been executed the date and year first above written. LANDLORD: TENANT: LANDLORD: TENANT: Charlie & Shirley Perkins Cit of Kent J �o� BY: BY: ITS: ITS: Bosoms Llewellyn Real Estate ®Copyright 1999-2005 .�� PO BOX 902, Commercial Brokers Assoaa4on All Rights Reserved km o m Llewellyn Kent,WA 98035 CBA Form Agreement "I Single Tenant Lease Agreement Phone. (253)852-1898 Rev 1/03 ■Rllill Esta)h Fax (253)852-1899 Page 15 of 18 LEASE AGREEMENT (Single Tenant For Entire Parcel-Triple Net) (Continued) STATE OF WASHINGTON ) )ss COUNTY OF ON I certify that I know or have satisfactory evidence that C in a�v-��F S�4 l`0� I IC(.h 5 is the person who appeared before me and said person acknowledged that �L signed this instrument, on oath stated that -tL' was authorized to execute the instrument and acknowledged it as the (trt of �C�yrr�o�pi�/�nNN to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument 3=z,4Z — D C,o DATED (Seal or stamp) O:"� OTARy 9N•:Z�; NOTARY PUBLIC in and for the State PU �G r 2 of Washington, residing at _ L ��, '•, t. p0 C�= My Commission expires ti4FOF wAS`r�: STATE OF WASHINGTON ) )SS COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me and said person acknowledged that signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument DATED (Seal or stamp) Printed Name. NOTARY PUBLIC in and for the State of Washington, residing at My Commission expires ■■■■■■ Llewellyn Real Estate ®Copyright 1999-2005 V ■■■ PO Box 902, Commercial Brokers Association ■ All Rights Reserved Kent,WA 98035 CBA Form ST-LS ::■Llewellyn Phone (253)852-1898 Single Tenant Lease Agreement■ v 1/03 ■R111111a1 Esfo0 Fax (253) 852-1899 Page 16 of 18 LEASE AGREEMENT (Single Tenant For Entire Parcel—Triple Net) (Continued) STATE OF WASHINGTON ) ) ss; COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me and said person acknowledged that signed this instrument, on oath stated that was authonzed t execute the instrument and acknowledged it as the of ee4L- to be the free and voluntary act of Quch party for the uses and purposes mentioned in the in un nt DATED i 1 (Seal or stamp) ,,,''N� rrti n e ' Pd Nam t` NOTARY PUBLIC in and for the S to o A OT,R}: = of Washington, residing at of`�~C = My Commission expires31 J 8 Lt ` Olt k•`Yd%10 ••'rarrprrruN!, STATE OF WASHINGTON ) )ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me and said person acknowledged that signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument DATED (Seal or stamp) Printed Name NOTARY PUBLIC in and for the State of Washington, residing at My Commission expires: ■i®um■ Llewellyn Real Estate O Copyright 1999-Zoos PO BOX 902, Commercial Brokers Asa sGa➢on ®� All Rights Reserved ��n Jewell n Kent,WA 98035 CBA Form ST-LS ■■ Y Phone (253)852-1898 Single Tenant Lane Agreement ■Real Estate Fax (253) 852-1899 Rev 1/03 Page 17 of IS LEASE AGREEMENT (Single Tenant For Entire Parcel-Triple Net) (Continued) EXHIBIT A [Legal Description] SCHEDULE A (Coutmued) Order No 1201203 Your No +u a LEGAL DESCRIPTION EXHIBIT (PAragrap6 4 of SeLednle A eoolmuaUon) PARCEL A ALL OF THE FOLLOWING OFSCRIBE12 PROPERTY, SITUATED IN SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST OF W M , IN KING COUNTY, WASHINGTON BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF THAT PORTION CONVEYED TO THE CITY OF KENT FOR ALLEY PURPOSES BY DEED UNDER KING COUNTY RECORDING NUMBER 4512994 AND THE NORTHERLY LINE OF SMITH STREET (FORMERLY KNOWN AS WEST SHINN STREEET) CONVEYED TO THE CITY OF KENT BY DEED RECORDED 7ANUARY 13, 1908 TIDER KING COUNTY RECORDING NUMBER 529263, SAID POINT OF INTERSECTION BEING THE SOUTHWEST CORNER OF THE PARCEL CONVEYED TO STANDARD OIL COMPANY OF CAL"ORNIA BY THAT CERTAIN DEED DATED MARCH 17, 1917, AS FILED FOR RECORD 'ARC" _9 1917 AS DOCLMENT NUMBER 1122126 IN VOLUME 975 OF DEEDS AT PAGE 503, RECORDS OF ICING COUNTY WASHINGTON THENCE EASTZRLi ALONG SAI➢ NORTHERLY LIN£ OF SAID SMITH STREET 120 FEET, MORE OR LESS, TC THE SOUTHWEST CORNER OF THAT PORTION CONVEYED TO LIBBY, McNEILL AND LIBBY, A MAINE CORPORA^.ION, BY DEED DATED MARCH 1B, 1930 AND RECORDED MARCH 31 I330 UNDER RECORDING NUMBER 2595a30, THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LIBBY, MCNEILL AND LIBBY TRACT TO A POINT IN THE SOUTHERLY LINE OF THE CHICAGO, MIL+AUKEE AND ST d PAUL SPUR ':RACK 60 FOOT RIGHT OF WAY BEING A POINT ON A CURVE HAVING A RADIUS OF .35 37 FEET, THENC NORTHWESTERLY ALONG SAID CURVE TO A POINT OF THE IW=F.C:ION OF THE EASTERLY LINE OF SAID PORTION CONVEYED TO THE CITY OF KENT FOR ALLEY PURPOSES, SAID POINT INTERSECTICN BEING THE NORTHWEST CORNER OF SAID PARCEL CONVEYED TO STANDARD OIL COMPANY OF CALIFORNIA THENC SOUTHERLY ALONG SAID EASTERLY LINE OF ALLEY TO THE POINT OF BEGINNING. PARCEL B ALL OF THE FOLLOWING DESCRIBED PROPERTY, SITUATED IN SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 CST OF W M , IN KING COUNTY. WASHINGTON- COMMENCING AT THE INTERSEC71CN OF THE EAST LINE OF A TRACT OF LAND CONVEYED TO TiE CITY OF ?G FOR ALLEY PURPOSES BY DEED RECORDED UNDER ICING COUNTY RECORDING NUMBER 4512994, AND THE NORTH LINE OF SMITH STREET (FORMERLY KNOWN AS 4EST SHINN STREET) SAID POINT OF INTERSECTION BEING THE SOUTHWEST CORNER OF A PARCEL, OF :AND CONVEYED TO STANDARD OIL COMPANY OF CALIFORNIA BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 1122126 IN VOLUME 975 OF DEEDS AT PAGO 503, THENCE NORTH 00-59'14' EAST ALONG THE EAST LINE OF SAID ALLEY 229 30 FEET TO AN INTERSECTIONN WITH THE ARC OF A CURVE ON THE SOUTHERLY LINE OF THE CHICAGO, MILWAUKEE AND ST PAUL RAILWAY COMPANY SPUR TRACK RIGHT OF WAY AND THE POINT OF 3EGINNING, THENCE CONTI.NUING NORTH CO'59'14' EAST 34 06 FEET TO AN INTERSECTION WITH THE CENTER LINE OF SAID SPUR TRACK RIGHT OF WAY ON THE ARC OF A CURVE THE RADIUS POINT OF WHICH SEARS NORTH 12-45 32' EAST 383 06 FEET FROM SAID INTERSECTION, THENO-- SOUTHEASTERLY ALONG SAID CENTER LINE ON THE ARC OF SAID CURVE 129 55 FELT THENCE SOUTH 00.59'14- WEST 30 06 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID R:GHT OF WAY ON THE ARC OF A CUPVE ALSO BEING THE NORTHWEST CORNER OF PARC: 'B' OF SHORT PLAT NUMBER SPC-76-3C AS PER THE SHORT PLAT RECORDED UNDER \IN^u COUNTY RECORDING NUMBER 7701070442. THE RADIUS POINT OF SA:C NPVE BEARING NORTH 11.53 35- EAST A DISTANCE OF 413 06 FEET FROM SAID POI';^ OF INTERSECTION, THENCE NORTHWZF7rRLY ALONG SAID SOUTHERLY LINE 128 04 FEET TO THE POINT OF ar;:Ir Nc i L ` ■■■■■■ Llewellyn Real Estate ®Copyright 1999-2005 'OEM PO BOX 902, Commercial Brokers Association All Rights Reserved ■■■Llewellyn Kent,WA98035 cease Agreement eent ■■ m Phone (253)852-1898 Single Tenant Lease Rev 1103 ■ ■ROel Estate Fax (253)852-1899 Page 18 of 18 LEASE AGREEMENT (Single Tenant For Entire Parcel-Triple Net) (Continued) EXHIBIT B [Tenant Improvement Schedule] Tenant shall be allowed to enclose the premises with a fence Landlord agrees to reimburse the tenant for the cost of constructing the fence Landlord agrees to provide the premise broom clean and agrees to remove any existing machinnery or equipment ■��■ Llewellyn Real Estate ®Copyright 1999-2005 PO Box 902, Commercial Brokers Association (� All Rights Reserved Llewellyn Kent,WA 98035 CBA Form RR I■ Phone (253)852 1898 Rent Rider ■RNI EsMM Fax (253)852-1899 Rev 12199 Page 1 of 1 RENT RIDER Landlord and Tenant should complete only those provisions below which apply Any provision below which is not completed shall not apply to the Lease 1. BASE MONTHLY RENT SCHEDULE. Tenant shall pay Landlord base monthly rent during the Lease Term according to the following schedule Lease Year (Stated in Years or Months) Base Monthly Rent Amount Months 1-24 $$4,500 00 Months 25-60 $$5,000 00 2. CONSUMER PRICE INDEX ADJUSTMENT ON BASE MONTHLY RENT. The base monthly rent❑ shall ® shall not(shall not if not filled in) be Increased on the first day of the second Lease Year and on the first day of each Lease Year thereafter(except the Commencement Date and the first day of any extension term) in accordance with the Increase in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers (all items for the geographical Statistical Area in which the Premises is located on the basis of 1982-1984 equals 100) (the "Index") The base monthly rent payable immediately prior to each adjustment date shall be increased by the percentage that the Index published for the date nearest preceding the adjustment date has increased over the Index published for the date nearest preceding the first day of the Lease Year from which the adjustment is being measured. Upon the calculatton of each increase, Landlord shall notify Tenant of the new base monthly rent payable hereunder Within twenty (20) days of the date of Landlord's notice, Tenant shall pay the deficiency in any Rent paid for a period following the subject adjustment date and shall thereafter pay the increased Rent until receiving the next notice of increase from Landlord If the components of the Index are materially changed after the Commencement Date,or if the Index is discontinued during the Lease Term, Landlord shall notify Tenant of a substitute published index which, in Landlord's reasonable discretion, approximates the Index and use the substitute index to make subsequent adjustments Landlord's Initials: Tenant's Initials Landlord's Initials Tenant's Initials