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HomeMy WebLinkAboutLAG08-001 - Original - Woodmont Investments, LLC - Police Substation - 05/01/2008 LEASE AGREEMENT BETWEEN CITY OF KENT AND RAINIER PACIFIC MANAGEMENT, LLC FOR KENT POLICE DEPARTMENT SUBSTATION THIS LEASE is entered into the date fully executed by, and between RAINIER PACIFIC MANAGEMENT, LLC for WOODMONT INVESTMENTS LLC, dba Woodmont Plaza Shopping Center, a Limited Liability Corporation registered in the State of Washington, "Landlord", and CITY OF KENT, a municipal corporation of the State of Washington, "Tenant." 1. PREMISES. The Landlord leases to Tenant the premises situated at 26226 Pacific Highway South, in the City of Kent, Washington that are described as 1,174 square feet of office space in the Woodmont Plaza Shopping Center, 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 utilized by Tenant for the purpose of operating a City of Kent Police Department Sub Station and related ancillary uses and for no other purpose without the written consent of Landlord. The Premises will not be used for containment of prisoners for more than 2 hours at a time and no holding cell will be built. 3. TERM. The term of this Lease shall be Thirty Six months commencing May 1, 2008, (the "Commencement Date") and shall terminate on the last day of April 2011. By signing this Lease, Tenant acknowledges that it has had adequate opportunity to investigate the Premises. Tenant shall be permitted to take possession of the Premises on the Commencement Date. 4. BASIC RENT. Tenant and Landlord covenant and agree that no basic rent is to be paid. Landlord desires that Tenants' presence shall act as a deterrent for illegal activities in the area and therefore donates basic rent to the Tenant. Tenant shall issue Landlord a letter at the end of the each year that confirms that space is being donated to Tenant. S. OPERATING COSTS. a. Tenant shall pay to Landlord on the first day of each month one twelfth of Tenant's pro rata share of Operating Costs, which is 00/100 Dollars ($0.00) per month. b. As used herein, "Operating Costs" shall mean all costs of operating, maintaining and repairing the Premises, the Building, and the Property (consisting of the building in which the premises are located and the adjoining land and POLICE SUB-STATION LEASE AGREEMENT - Page 1 of 7 (April 9, 2008) (between Rainier Pacific Management and City of Kent- Re: Woodmont Center) buildings owned by Landlord), determined in accordance with generally accepted accounting principles, and including without limitation the following: all taxes and assessments (including, but not limited to real and personal property taxes and assessments, local improvement district assessments and other special purpose assessments, and taxes on rent or gross receipts); insurance premiums paid by Landlord and (to the extent used) deductibles; water, sewer, gas, electric and all other utility charges (other than utilities separately metered and paid directly by Tenant or other tenants); refuse, garbage, and trash removal; refurbishing and repainting; carpet replacement; air conditioning, heating, and ventilation; pest control; lighting systems, fire detection and security services; landscape maintenance; management (fees and other personnel costs); parking lot, road, sidewalk and driveway patching, resurfacing and maintenance; snow and ice removal; amortization (in accordance with generally accepted accounting principles) of capital improvements which may be installed by Landlord in the future to comply with government regulations and rules or undertaken in good faith with a reasonable expectation of reducing operating costs (the useful life of which shall be a reasonable period of time as determined by Landlord); and costs of legal services (except those incurred directly relating to a particular occupant of the Building); accounting services; labor, supplies, materials and tools; repairs, maintenance and repairs to the roof and walls. Operating Costs shall not include Landlord's income tax or general corporate overhead, depreciation on the Building or equipment therein; loan payments; real estate broker's commissions; capital improvements of the Building not described in this paragraph; or any costs regarding the operating, maintenance and repair of the Premises, the Building, or the Property paid directly by Tenant or other tenants in the Building. c. Tenant shall pay to Landlord Tenant's share of Operating Costs following the procedures set forth below: (1) Landlord shall provide to Tenant, at or before the Commencement Date, a good faith estimate of Tenant's prorata share of annual Operating Costs. Tenant's prorata share shall include all Operating Costs for the Buildings and Property and the proportion of Tenant's rentable area of the Premises to the rentable area of Tenant and all other tenants using the rights to use the Common Areas. (ii) If the amount paid by Tenant for that year exceeds the Tenant's actual proportionate share, Tenant shall be given either a credit towards the next common areas payment(s) due from Tenant, or a refund if the term of the Lease has expired. If the amount paid by Tenant for that year is less than Tenant's actual proportionate share, Tenant shall pay Landlord the deficit within thirty (30) days of receipt of the written computation. An appropriate proportionate adjustment shall be made for any period of less than a year. POLICE SUB-STATION LEASE AGREEMENT - Page 2 of 7 (April 9, 2008) (between Rainier Pacific Management and City of Kent- Re: Woodmont Center) 6. SECURITY DEPOSIT. No security deposit is required. 7. COMMON AREA. Tenant shall abide by rules and regulations adopted by Landlord from time to time and shall use its best efforts to cause its employees, contractors, and invitees to comply with the rules and regulations, and not interfere with the use of Common Areas by others. Landlord shall maintain the Common Areas in good order, condition, and repair. S. UTILITIES AND FEES. In addition to the Tenant's Prorata Share of Operating Costs, Tenant agrees to pay all charges for natural gas, electricity and any other utilities separately metered to the Premises. 9. REPAIRS AND MAINTENANCE. a. Tenant's Obligations. Premises have been inspected and are accepted by Tenant in their present condition. Tenant shall, at its own expense and at all times, keep the premises neat, clean and in a sanitary condition, and keep and use the premises in accordance with applicable laws, ordinances, rules, regulations and requirements of governmental authorities. Tenant shall permit no waste, damage or injury to the premises; keep all drain pipes free and open; protect water, heating, gas and other pipes to prevent freezing or clogging; repair all plumbing leaks and damage caused by plumbing leaks; replace all glass in windows and doors of the premises which may become cracked or broken; and remove ice and snow from sidewalks adjoining the premises. Tenant shall make such repairs as necessary to maintain the premises in as good condition as they now are, reasonable use and wear and damage by fire and other casualty excepted. b. Landlord's Obligations. Landlord shall, at Landlord's expense, repair and maintain the structural portions of the Building, including the roof (and the roof membrane, except that the maintenance of the roof membrane shall constitute an Operating Expense), foundation, bearing and exterior beams and supports, flooring and subflooring. There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations, or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances, and equipment if Landlord shall have taken every reasonable measure to avoid any such injury and interference. 10. TENANT IMPROVEMENTS. Landlord agrees to pay the costs of constructing a demising wall separating the leased premises from the remainder of the building in which they are located. Tenant agrees to pay for all other tenant improvements required for its use ("Tenant's Work"). Tenant warrants and agrees that all of Tenant's Work shall be performed in conformance with applicable city and state building, electric and fire codes under validly issued permits. Tenant agrees to defend, hold harmless and indemnify Landlord from and against all costs, POLICE SUB-STATION LEASE AGREEMENT - Page 3 of 7 (April 9, 2008) (between Rainier Pacific Management and City of Kent- Re: Woodmont Center) expenses, and liabilities of all kind arising out of or related in any way to Tenant's Work. 11. ALTERATIONS. Tenant shall be permitted to perform Tenant's Work, and with Landlord's prior written consent, such other alterations, additions and improvements in said premises, at Tenant's sole cost and expense. In the performance of such work, Tenant agrees to comply with all laws, ordinances, rules and regulations of any proper public authority, and to save Landlord harmless from damage, loss or expense. Upon termination of this Lease and upon Landlord's request, or Landlord's approval, Tenant shall remove such improvements and restore the premises to its original condition not later than the termination date, at Tenant's sole cost and expense. Any improvements not so removed shall be removed at Tenant's expense provided that Tenant shall pay for any damage caused by such removal. 12. SIGNS. All signs or symbols placed by Tenant in the windows and doors of the premises, or upon any exterior part of the building, shall be subject to Landlord's prior written approval. Landlord may demand the removal of signs which are not so approved, and Tenant's failure to comply with said request within forty-eight (48) hours will constitute a breach of this paragraph and will entitle Landlord to terminate this Lease or, in lieu thereof, to cause the sign to be removed and the building repaired at the sole expense of the Tenant. At the termination of this Lease, Tenant will remove all signs placed by it upon the premises, and will repair any damage caused by such removal. All signs must comply with sign ordinances and be placed in accordance with required permits. 13. CONDEMNATION. In the event a substantial part of the Premises is taken or damaged by the right of eminent domain, or purchased by the condenmer, in lieu thereof; so as to render the remaining premises economically untenantable, then this Lease shall be canceled as of the time of taking at the option of either party. In the event of a partial taking which does not render the premises economically untenantable, the rent shall be reduced in direct proportion to the leased property taken. Tenant shall have no claim to any portion of the compensation for the taking or damaging of the land or building. Nothing herein contained shall prevent the Tenant from Tenant's entitlement to negotiate for Tenant's own moving costs and Tenant's leasehold improvements. 14. PARKING. Landlord shall have the right to make such regulations as Landlord deems desirable for the control of parking automobiles on the real property adjacent to the Building or property under Landlord's control, including the right to designate certain areas for use by Tenant and other tenants of such properties. Tenant shall have the right to park in three (3) designated parking spaces to be located in front of the Premises in the common area parking lot. POLICE SUB-STATION LEASE AGREEMENT - Page 4 of 7 (April 9, 2008) (between Rainier Pacific Management and City of Kent - Re: Woodmont Center) 15. LIENS AND INSOLVENCY. Tenant shall keep the Premises free from any liens arising out of any work performed for, materials furnished to, or obligations incurred by Tenant and shall indemnify and hold Landlord harmless against the same. In the event Tenant becomes insolvent, bankrupt or if a receiver, assignee or other officer is appointed for the business of Tenant, Landlord may cancel this Lease at its option. 16. SUBLETTING OR ASSIGNMENT. Tenant shall not sublet the whole or any part of the Premises, nor assign this Lease without the written consent of Landlord. This Lease shall not be assignable by operation of law. 17. NOTICES. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or by a courier service, to the following addresses: If to Landlord, to: Rainier Pacific Properties Attn: Diane Frias PO BOX 3003 Seattle, WA 98114 If to Tenant, to: City of Kent Attn: Charlie Lindsey 220 Fourth Avenue S Kent, WA 98032 With a copy to: City of Kent Attn: Capt. Michael Painter 220 Fourth Avenue S Kent, WA 98032 18. TENANT'S PAYMENT ON EXECUTION OF LEASE. Upon execution of this Lease by both Landlord and Tenant, Tenant shall pay Landlord 0 and 00/100 Dollars ($0.00) in payment of the first month's Operating Costs. 19. OPTIONS TO RENEW. Tenant and Landlord, upon mutual agreement at the end of this initial lease term, have one (1) Three-year (3 year) option to renew this agreement at a lease rate mutually agreed upon at that time. POLICE SUB-STATION LEASE AGREEMENT - Page 5 of 7 (April 9, 2008) (between Rainier Pacific Management and City of Kent- Re: Woodmont Center) The foregoing conditions are mutually agreed to by the Landlord and the Tenant. LANDLORD: TENANT: Rainier Pacific Management, LLC City of Kent, a municipal corporation of of the State of Washington the State of Washington By: By: Print Nam ATHAN TRAN Print Name ETTE COOKE Title: Pro erty Manager/Owner's Agent Title: y of i ent A R Date: Ste/ /d Date: 4D� (Notary Acknowledgements Appear on Next Page) APPROVED AS TO FORM: Kent Law Department POLICE SUB-STATION LEASE AGREEMENT - Page 6 of 7 (April 9, 2008) (between Rainier Pacific Management and City of Kent- Re: Woodmont Center) STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this jam_ day of �a-� , 2008, before me a Njotary Public in and for the State of Washington, ersVIly appeared a&% dt , to �me known to be the 3 of RAINIER PACIFIC MANAGEMENT, LLC, a Washington limited liability corporation, that executed the foregoing instrument, and acknowledged it to be the free and voluntary act, for the uses and purposes mentioned in this instrument, and on oath stated that h-f-_ were authorized to execute said instrument. -Notary Sea!Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first ab ve written. `.�1.s''gg4Q •. cn _ T.�►�Off. �y`�� =� a Notary Public in and for the State of Washin u o w residing at / Scw / A v8 1C �r� j My appointment expires .-sZ+AT C?F WASHINGTON ) ss. COUNTY OF KING ) On thi4� day of �__' , 2008, before me a Notary Public in and for the State of Washington, p nally appeared SUZETTE COOKE, to me known to be the Mayor of CITY OF EN , a Washington municipal corporation, that executed the foregoing instrument, nd a knowledged it to be the free and voluntary act of said corporation, for the uses a purposes mentioned In this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- _ S,,WHERE I have hereunto set my hand and official se 'ht., st above written. i Ld- r �. ,�►q�t ��pg a Via = Notary Publigip and for-the State of Washington 4 OF WAg��' residing at F L+ i C/ My appointment expires --I P:\Clvll\Flles\OpenFlies\1271\PollceDeptWoodrmntLease.doc POLICE SUB-STATION LEASE AGREEMENT - Page 7 of 7 (April 9, 2008) (between Rainier Pacific Management and City of Kent- Re: Woodmont Center) Exhibit"A"- Site Plan of Premises; _� , ram � i�., � ���•;�'� � 'a --------------- FA s1� ' '� •rf U'lI'..Ua.J 7'pt't IO li'..[' , a'll_i____ FA re 00 t=—U r.'u•rt Y v � Mot; 9 K F -4 ap pi> m _26 Q y _ > bE! ri„ �s$ &i [Remainder of Page Left Blank Intentionally] 440,,.Ao�s REQUEST FOR MAYOR'S SIGNATURE KEN40 T Please Fill in All Applicable Boxes WASHINGTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: � " �, Phone (Originator): cj 9Rv Date Sent: y a Date Required: Return Signed Document to: CONTRACT TERMINATION DATE: _,Z VENDOR NAME: &Y p t DATE OF COUNCIL APPROVAL: �Zlvog "2e - Brief Explanation of Document: r y G2c , q/,� l ins b ��� Alwoe- .62, ^ ) _, All Contracts Must Be Routed Through the Law Department (Thrs Area to be Completed By the taw Department) Received: DECEIVED Approval of Law Dept.: APR 2 ? ZO'OF Law Dept. Comments: KENOIVT PA Date-vorwarded to Mayor: LO) Shaded Areas to Be Completed by Administration Staff Received: x. Recommendations & Comments: Disposition: 41 / 'UCd Ye , Date Returned: lage5870 3/0