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.
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cn
_ T.�►�Off. �y`�� =�
a Notary Public in and for the State of Washin
u o w residing at / Scw /
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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;
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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
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Brief Explanation of Document: r
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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:
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