HomeMy WebLinkAboutPK07-320 - Original - Communities in Schools of Kent - Kent Commons Facility - 11/01/2007 LEASE AGREEMENT
KENT
WAS H IN G T O N
Between THE CITY OF KENT and COMMUNITIES IN SCHOOLS OF KENT for 107.8
square feet of office space in the:
Kent Commons Facility
525 4th Avenue North
Kent, Washington 98032-4497
THIS LEASE is entered into the date fully executed by and between the CITY OF
KENT, a Washington municipal corporation, hereinafter called the "Owner", and
COMMUNITIES IN SCHOOLS OF KENT, a Washington non-profit corporation, PO Box 62,
Kent, WA 98035, hereinafter called the "Tenant".
1. PREMISES
The Owner hereby lets and leases to the Tenant those certain premises situated at
525 4th Avenue North in the City of Kent, Washington that are described as 107.8 square
feet of office space in the Kent Commons facility, hereinafter the "Commons", for use by the
Tenant. The area so leased is hereinafter called "the premises" and is depicted in Exhibit
"A" attached hereto and incorporated herein by this reference.
2. USE
The premises shall be used for office use and for no other purpose without the
written consent of Owner. No use shall be made of premises, nor act done in or about
premises, which is illegal, unlawful, or which will increase the existing rate of insurance
upon the premises or Commons. Tenant shall not commit or allow to be committed upon
premises, any waste or any public or private nuisance or other act or thing which disturbs
the quiet enjoyment of any other occupant in the Commons, nor shall Tenant, without the
written consent of Owner, use any apparatus, machinery or device in or about premises
which shall cause any substantial noise or vibration. If any of Tenant's office machines
should disturb the quiet enjoyment of any other occupant in the building, then Tenant shall
provide adequate insulation, or take such action as may be necessary by the Owner to
eliminate the disturbance. Tenant shall observe such reasonable rules and regulations as
may be adopted and published by Owner for the safety, care and cleanliness of premises or
the Commons and the preservation of good order therein. Tenant will comply, at Tenant's
own cost and expense, with all reasonable orders, notices, regulations or requirements of
any municipality, state or other governmental authority respecting the use of the premises.
3. TERM
The term of this lease shall commence on the 1st day of November, 2007, and
may continue thereafter subject to the month-to-month tenancy provision in
Paragraph 23 for a period of six (6) months, or until Owner adopts a policy
concerning use of City facilities by 501(c)(3) non-profit corporations.
4. RENT
Tenant is a Washington non-profit corporation that provides outreach and mentoring
services to at-risk children in the Kent community. Kent has qualified Tenant as a human
KENT COMMONS LEASE AGREEMENT - Page 1 of 9 December 19, 2007
(between City of Kent and Communities in Schools of Kent)
service agency that has received program funding in 2007, and is proposed for additional
funds in 2008. For all these reasons, Owner will lease the premises to Tenant, at a charge
of $1 per month, conditioned on Tenant's fulfillment of the remaining provisions provided
for in this Lease and on Tenant continuing to provide such outreach and mentoring services
to at-risk children in the Kent community.
5. TAXES
Tenant shall pay any tax that this Agreement, or the interest created thereby, may
be subject to at any time during the term of the Lease or renewal thereof.
6. RE-DELIVERY
Tenant, at the expiration of the term hereof or any extension thereof or upon any
sooner termination thereof, will, without notice, quit and deliver up said premises to the
Owner peaceably, quietly, and in as good order and condition as the same now are or may
hereafter be placed by Owner, reasonable use and wear thereof excepted.
7. DAMAGES
Owner agrees to keep and maintain the roof in good order and repair and make
necessary structural repairs to the building not occasioned by Tenant's negligence during
the continuance of this lease, upon receipt in writing from Tenant when such repairs are
necessary. All other repairs for damages shall be made by Tenant at its sole cost and
expense at all times while this lease is in effect.
S. REPAIRS AND ALTERATIONS
All normal repairs necessary to maintain premises in a tenantable condition shall be
done by or under the direction of Owner, and at Owner's expense, except those caused by
negligence or acts of Tenant, his agents or invitees, which repairs shall be made at the sole
cost of Tenant.
Tenant shall not make any alterations, additions or improvements in said premises,
without the consent of Owner in writing first, which will not be unreasonably withheld, and
all alterations, additions and improvements which shall be made, shall be at the sole cost
and expense of Tenant, and shall become the property of the Owner except for
improvements that Owner, at Owner's option, agrees that they are the property of Tenant
or elects to request Tenant to remove, and shall remain in and be surrendered with the
premises as a part thereof at the termination of this lease, without disturbance, molestation
or injury. If the Tenant shall perform work with the consent of the Owner, as previously
mentioned, Tenant agrees to comply with all laws, ordinances, rules, regulations of the
appropriate City or County, and any other authorized public authority. The Tenant further
agrees to save the Owner free and harmless from damage, loss or expense arising out of
the said work. Tenant agrees that Owner has the right to make alterations to the building
in which the premises are situated. Tenant will be entitled to a fair abatement of rent if
such alterations materially interfere with Tenants use of the premises.
9. UTILITIES
As long as Tenant is not in default in any of the provisions of this lease, Owner shall
furnish a reasonable amount of electricity (i.e. normal lighting and low power usage office
equipment), heat, water, and full janitorial service except no janitorial service on weekends
KENT COMMONS LEASE AGREEMENT - Page 2 of 9 December 19, 2007
(between City of Kent and Communities in Schools of Kent)
and City holidays. Owner shall not be liable (including consequential damages) nor shall
rental be abated for interruption of said service caused by accident or necessity for repairs
or improvements, or for any other reason beyond Owner's control.
In the event of a recognized energy crisis affecting the electrical power available for
the premises, Owner and Tenant shall adjust the hours of use of the premises to meet such
crisis. If in Owner's reasonable opinion, Tenant uses more than a reasonable amount of
electricity and/or water, Tenant shall, upon notification by Owner, pay for such excess at
such times as the same becomes due and payable to the public utility furnishing the same.
10. INSURANCE
The Tenant shall procure and maintain for the duration of the Lease, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance hereunder by the Tenant, its agents, representatives,
employees or subcontractors.
The Tenant shall provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
2. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and $2,000,000
aggregate for personal injury, bodily injury and property damage.
Any payment of deductible or self-insured retention shall be the sole responsibility of
the Tenant.
The Owner shall be named as an additional insured on the insurance policy, as
respects work Owner performed by or on behalf of the Tenant and a copy of the
endorsement naming the Owner as additional insured shall be attached to the Certificate of
Insurance.
The Tenant's insurance shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
The Tenant's insurance shall be primary insurance as respect the Owner and the
Owner shall be given thirty (30) days prior written notice of any cancellation, suspension or
material change in coverage.
If Tenant is a self-insured governmental entity, an insurance policy need not be
obtained, however, tenant shall provide, upon request, satisfactory documentation
evidencing self-insurance coverage for the amounts set forth herein.
11. INDEMNIFICATION/HOLD HARMLESS
The Tenant shall defend, indemnify and hold the Owner, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with the performance of this
Lease, except for injuries and damages caused by the sole negligence of the Owner.
KENT COMMONS LEASE AGREEMENT - Page 3 of 9 December 19, 2007
(between City of Kent and Communities in Schools of Kent)
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 the Tenant
and the Owner, 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
this section shall survive the expiration or termination of this Lease.
12. LIENS AND INSOLVENCY
Tenant shall keep the leased premises, Commons, and property in which the leased
premises are situated, free from any liens arising out of any work performed, materials
furnished or obligations incurred by Tenant. In the event Tenant becomes insolvent,
voluntarily or involuntarily bankrupt, or if a receiver, assignee or other liquidating officer is
appointed for the business of the Tenant, then the Owner may cancel this lease at Owner's
option.
13. ASSIGNMENT
Tenant shall not assign this lease or any part thereof and shall not let or sublet the
whole or any portion of the premises without the written consent of Owner, or Owner's
agent, which consent will not be unreasonably withheld by Owner. This lease shall not be
assignable by operation of law. If Tenant is a corporation, then any transfer of this lease
from Tenant by merger, consolidation, or liquidation and any change in the ownership of, or
power to vote, the majority of its outstanding voting stock shall constitute an assignment
for the purposes of this paragraph; provided however, this paragraph shall not apply if in
any consolidation or merger the present major stockholder of the Tenant retains
substantially similar stock ownership in such merged or consolidated corporation. Any
assignment of this lease shall not extinguish nor diminish the liability of the Tenant herein.
In the event of any assignment or subletting so consented to, Tenant shall pay lump sum
charge of $750.00 for each such assignment or subletting to the Owner for its services in
connection with such assignment or subletting. If consent is once given by the Owner to
the assignment of this lease, or any interest therein, Owner shall not be barred from
afterwards refusing to consent to any further assignment.
14. ACCESS
Tenant will allow Owner or Owner's agent free access at all reasonable times to said
premises for the purposes of inspection, cleaning or making repairs, additions or alterations
only those additions or alterations otherwise authorized or required by the terms of this
lease to the premises or any property owned by or under the control of Owner, but this right
shall not be construed as an agreement on the part of the Owner to make repairs, additions,
or alterations. The Owner shall have the right to place and maintain 'For Rent' signs in a
conspicuous place on said premises and to show premises to prospective tenants for 150
days prior to the expiration of this lease.
15. DAMAGE OR DESTRUCTION
In the event the premises or the building is damaged to such extent as to render the
premises untenantable in whole or in a substantial part thereof, or is destroyed, the Tenant
shall give Owner or Owner's agent immediate written notice thereof, and, it shall be optional
KENT COMMONS LEASE AGREEMENT - Page 4 of 9 December 19, 2007
(between City of Kent and Communities in Schools of Kent)
with the Owner to repair or rebuild the same; Owner shall have not more than 60 days after
date of such notification to notify the Tenant in writing of Owner's intentions to repair or
rebuild said premises, or the part so damaged as aforesaid, and if Owner elects to repair or
rebuild said premises, Owner shall prosecute the work of such repairing or rebuilding
without unnecessary delay, and during such period, if the damage is not the fault of the
Tenant, its employees, agents or invitees, the rent of said premises shall be abated (starting
when the premises or a substantial part thereof first becomes untenantable), in the same
ratio that the portion of the premises rendered for the time being unfit for occupancy shall
bear to the whole of the leased premises.
If the Owner shall fail to give the notice aforesaid Tenant shall have the right to
declare this lease terminated effective when the premises or a substantial part thereof first
became untenantable by written notice served upon the Owner or Owner's agent.
In the event the building in which the premises hereby leased are located shall be
damaged (even though the premises hereby leased shall not be damaged thereby or
rendered untenantable) to such an extent that in the opinion of Owner it shall not be
practicable to repair or rebuild, or is destroyed, then it shall be optional with Owner to
terminate this lease by written notice served on Tenant within 30 days after such damage.
16. NOTICES
All notices to be given by the parties hereto shall be in writing and may either be
served personally or may be deposited in the United States Mail, postage prepaid, by either
registered mail or by regular mail with certificate of mailing obtained; and if to be given
Owner, to be addressed to the Owner, or Owner's agent, or, if to be given Tenant, may be
addressed to Tenant at the leased premises.
17. SIGNS
No sign, picture, advertisement or notice shall be displayed, inscribed, painted or
affixed to any of the glass, woodwork or walls of the premises, except those approved by
the Owner in writing. Owner will not unreasonably withhold such approval. Any signs
proposed for use by Tenant shall be painted by a sign painter designated or approved by the
Owner. All signs so placed shall be removed at Tenant's expense prior to termination of
tenancy and premises restored to original condition. No signs or devise shall be hung or
placed against the windows of said premises nor be visible from the exterior of the
Commons; and no furniture, curtain or other obstruction of any kind or size shall be placed
against or in front of any glass partition dividing said premises from the corridors of said
building, or placed in any way so as to interfere with the typical and ordinary appearance of
the premises as viewed from the corridor and the exterior.
18. DEFAULT AND RE-ENTRY
If Tenant shall violate, default or not comply with any of the material covenants,
agreements or provisions of this lease agreement, then the Owner may cancel this lease
upon giving the notice required by law, and re-enter said premises, using such force as may
be required. Notwithstanding such re-entry by the Owner, the liability of the Tenant for the
rent provided for herein shall not be extinguished for the balance of the term of this lease,
and Tenant covenants and agrees to make good to the Owner any deficiency each month as
the amount thereof is ascertained by the Owner. In the event it becomes reasonably
necessary to make any changes, alterations or additions to the premises or any part thereof
for the purpose of reletting said premises or any part thereof Tenant shall also be
responsible for such cost.
KENT COMMONS LEASE AGREEMENT — Page 5 of 9 December 19, 2007
(between City of Kent and Communities in Schools of Kent)
The failure of the Owner to insist upon strict performance of any of the covenants
and agreements of this lease, or to exercise any option herein conferred in any one or more
instances, shall not be construed to be a waiver or relinquishment of any such, or any other
covenant or agreements, but the same shall be and remain in full force and effect.
19. COSTS AND ATTORNEYS FEES
If by reason of any default on the part of Tenant it becomes necessary for the Owner
to use an attorney or in case Owner shall bring suit to recover any rent due hereunder, or
for breach of any provision of this lease or to recover possession of the leased premises, or
if Tenant shall bring any action for any relief against Owner, declaratory or otherwise,
arising out of this lease, the prevailing party shall have and recover against the other party
in addition to the cost allowed by law, such sum as the court may adjudge to be reasonable
attorney's fees. In the event the Tenant defaults in the payment of rental, the Tenant
agrees to pay for the reasonable cost of any attorney employed by Owner to collect the
rental due and/or enforce any or all of the provisions of this agreement.
20. REMOVAL OF PROPERTY
In the event of any entry in, or taking possession of, the leased premises as
aforesaid, the Owner shall have the right, but not the obligation, to remove from the leased
premises all personal property located therein. Owner may store the same in any place
selected by Owner, including but not limited to a public warehouse, at the expense and risk
of the owners of the personal property, with the right to sell such stored property, with five
(5) days notice to Tenant after it has been stored for a period of thirty (30) days or more.
Proceeds of such sale shall be applied first to the cost of such sale, second to the payment
of the charges for storage, if any, and third to the payment of any other sums of money
which may then be due from Tenant to Owner under any of the terms hereof. The balance,
if any, shall be paid to Tenant.
21. HEIRS AND SUCCESSORS
Subject to the provision hereof pertaining to assignment and subletting, the
covenants and agreements of this lease shall be binding upon the heirs, legal
representatives, successors and assigns of any or all of the parties hereto.
22. CONDITIONS OF OCCUPANCY
Tenant agrees to abide and be bound by the following rules and policies of Owner,
which shall be considered as covenants of this lease:
Common Areas
The following areas adjacent to or located in or on the premises, shall constitute
common areas available for Tenant's non-exclusive use including without limitation:
walkways, hallways, stairways, driveways, lavatories, janitorial rooms, mechanical rooms,
electrical rooms, landscaped areas and grounds, parking areas (see paragraph 24 for
additional information), and all other areas used in common by the tenants of the Kent
Commons facility, Owner, and invitees and employees of the Tenant. All common areas
shall be subject to Owner's management and control and shall be operated and maintained
in such a manner as Owner, in its reasonable discretion, shall determine. Owner may, from
time to time in Owner's reasonable discretion, alter, modify or change the dimensions and
KENT COMMONS LEASE AGREEMENT - Page 6 of 9 December 19, 2007
(between City of Kent and Communities in Schools of Kent)
location of the common areas, or designate portions of the common areas for the exclusive
use of tenants of the Building; provided, however, that any such alterations, modifications
or changes shall not materially interfere with Tenant's use and enjoyment of the premises
as set forth in this Lease. Tenant and others entitled or allowed to use the common areas
shall be subject to and shall comply with the rules and regulations applicable to the common
areas as may be established by Owner from time to time.
Light and Air
This lease does not grant or purport to grant any rights of access to light or air over
property, and this lease does not warrant or protect against interferences with light or air in
the leased premises by any construction upon adjacent, abutting or nearby property.
Electrical Installations
Tenant shall not, without the written consent of Owner, operate or install any
electrical equipment or machinery (other than ordinary office equipment, including but not
limited to copying machines), or replace or move any electric light fixtures provided,
however, that with the consent of Owner, Tenant may replace building light fixtures of his
own choice with the express understanding that such installation will not increase the
Tenant's consumption of electricity, and that the cost of such fixtures and installation shall
be at Tenant's sole expense. It is further agreed that Tenant shall at the expiration or
sooner termination of the lease upon demand of Owner pay the cost of replacing the
standard light fixtures belonging to Owner.
Awnings
No awnings shall be attached to the outside of any windows or to the building of
which the premises are a part.
Windows
The Tenant shall not allow anything to be placed on the outside window ledge of said
premises; and nothing shall be thrown by the Tenant or others out of the window of said
building.
Floor Coverings
The Tenant or other person shall not lay linoleum or other floor covering without
prior written approval of the Owner. The tacking or fastening of any flooring material to the
baseboard or baseboard molding is expressly prohibited. Tacking strips installed by Tenant,
with Owner's consent, shall, at the option of Owner be removed and floor repaired at the
expiration of lease, at Tenant's expense.
Furniture and Bulky Articles
Safes, furniture or bulky articles shall be moved in or out of said premises only at
such hours and in such manner as shall least inconvenience other occupants of the building
and minimize injury or damage to the premises and Commons and when and as the Owner
shall reasonably decide; and no safe or other article of over 2,500 pounds shall be moved
into said premises without the consent of the Owner, which consent will not be
unreasonably withheld, the Owner to have the right to fix the position of any article of such
weight in said premises.
KENT COMMONS LEASE AGREEMENT - Page 7 of 9 December 19, 2007
(between City of Kent and Communities in Schools of Kent)
Miscellaneous
(a) Water closets and other water fixtures shall not be used for any purposes
other than those for which they are intended, and any damage resulting from misuse on the
part of the Tenant, its agents or employees, shall be paid for by Tenant. No person shall
waste water by interfering or tampering with the faucets or otherwise.
(b) Owner reserves the right to close and keep locked all entrance and exit doors
of the building during such hours as Owner may deem to be advisable for the adequate
protection of the property, provided that the Tenant shall have access to the premises.
(c) The Tenant agrees that Tenant and Tenant's employees shall use only the
parking stalls designated in paragraph 24 below of this lease.
(d) Owner reserves the right to make such other and further reasonable
regulations as in its judgment may from time to time be needed or desirable for the safety,
care and cleanliness of the premises of the Commons and the preservation of good order
therein.
(e) All doors to public corridors shall be kept closed except for ingress and
egress.
23. HOLDOVER
If the Tenant shall, with the written consent of Owner, holdover after the expiration
of the term of this lease, such tenancy shall be on a month to month basis and may be
terminated as provided by the laws of the State of Washington. During such tenancy
Tenant agrees to pay to the Owner the same rate of rental as set forth herein, unless a
different rate is agreed upon, and to be bound by all of the terms, covenants, and
conditions as herein specified, so far as applicable.
24. EMPLOYEE PARKING FACILITIES
Parking for Tenant and its employees will only be provided on the South side of the
Commons building in the designated "Staff Parking Only" area.
25. SUBORDINATION
Upon Owner entering into any financing or refinancing affecting the subject
premises, Tenant agrees to execute documents at the request of Owner to subordinate this
lease to any mortgage, (or deed of trust or other security) granted to a financing institution
or other secured party or entity.
26. COMMUNICATIONS
Tenant is responsible for all installation, operation and termination charges related to
its own independent telephone system, including, but not limited to, costs, expenses and
charges for telephone equipment and line charges, line installation, inside wiring, re-
configuration, and system repairs. Tenant shall install a system compatible with Owner's
system and shall coordinate and schedule with the Owner all work by communications
vendors for installation of such a compatible system. Tenant shall notify the City thirty (30)
days in advance of terminating their telephone service or increasing/decreasing the size of
KENT COMMONS LEASE AGREEMENT - Page 8 of 9 December 19, 2007
(between City of Kent and Communities in Schools of Kent)
a ^
their telephone system. Tenant shall be responsible for acquiring and paying for local
telephone directories.
27. RATIFICATION
All acts consistent with the authority of this Lease and prior to its effective date are
hereby ratified and affirmed, and the terms of this Lease shall be deemed to have applied.
28. ANTI-DISCRIMINATION
In all hiring or employment made possible or resulting from this agreement, there
shall be no discrimination against any employee or applicant for employment because of
sex, age, race, color, creed, national origin, marital status or the presence of any sensory,
mental, or physical handicap, unless based upon a bona fide occupational qualification, and
this requirement shall apply to but not be limited to the following: employment,
advertising, lay-off or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
No person shall be denied, or subjected to discrimination in receipt of the benefit of
any services or activities made possible by or resulting from this agreement on the grounds
of sex, race, color, creed, national origin, age except minimum age and retirement
provisions, marital status, or the presence of any sensory, mental or physical handicap.
Any violation of this provision shall be considered a violation of a material provision
of this agreement and shall be grounds for cancellation, termination or suspension in whole
or in part, of the agreement by the Owner and may result in ineligibility for further City
agreements.
The foregoing conditions are mutually agreed to by the Owner and the Tenant.
TENANT: OWNER:
COMMUNITIES IN SCHOOLS OF KENT CITY OF KENT,
A Washington Non-Profit Corporation A Washington Municipal Corporation
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KENT COMMONS LEASE AGREEMENT - Page 9 of 9 December 19, 2007
(between City of Kent and Communities in Schools of Kent)
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