HomeMy WebLinkAboutPK06-138 - Extension - Charlie Perkins - 715 W. Meeker Storage Space - 04/01/2011 CITY CLERK
KENT CITY OF KENT
WASHINGTON 220 4" Avenue South
Kent, WA 98032
Fax 253-856-6725
PHONE: 253-856-5725
Lease Agreement Cover Sheet
This document is to be used in lieu of the Contract Cover Sheet
SECTION 1 - CONTRACT PROCESSING AND TENANT SET-UP:
PK&O -13Y
Contract Number: -645111W- (to be completed by Clerk's Office)
1. Responsible Department/Division: Parks/Facilities
2. Contact Person and Title: Rosalie Givens -
Telephone Extension: 5083
3. Tenant (Customer) Name: Charlie and Shirley Perkins
4. Tenant (Customer) Number: 131243
5. General Ledger Account Number: 54006900
6. King County Tax Parcel Number: 242220490904
7. Address of Parcel: 715 W. Meeker
8. Type of Lease: Lease Agreement
9. Council Authorization Date: 7/5/2011
10. Mayor Signature Date: "-7-/1.2oi/
SECTION 2 - LEASE DURATION AND IMPORTANT DATES:
11. Lease Start Date: 4/1/2011
12. Tenant Lease Option Renewal Notification Due Date: 90 days prior to
end date
13. Lease Termination Date: 3/31/2011
14. Lease Duration: 2 years
SECTION 3 - RENT DETERMINATION AND DUE DATE:
15. Rent: $4,750
16. Rent Due Date: Fifth of each Month
17. Calculation of Rental Increase(s): N/A
Lease Agreement Cover Sheet—Page 1 of 3
SECTION 4 — LEASEHOLD EXCISE TAX:
18. Is this lease subject to leasehold excise taxes?
❑ YES (go to Question 19)
❑ NO, reason:
19. Are leasehold excise taxes for this tenant centrally assessed, i.e.
directly collected from the tenant by the Washington State Department
of Revenue?
❑ YES (attach written verification received directly from DOR or indirectly
through the tenant, e.g. DOR notification letter)
❑ NO (go to Question 20)
20. Does Lease Rent include Leasehold Excise Tax?
(Leasehold taxes must be broken out on the invoice and coded: Business
unit.32500.0303)
❑ YES Calculate the leasehold excise tax (Stated Rent divided by
1.1284)
❑ NO Calculate the leasehold excise tax (Stated Rent times .1284)
SECTION 5 — APPLICABLITY OF UTILITIES:
21. Applicability of Utilities — Check all that utilities that are affected and
indicate provider (e.g. City of Kent), Account Number or basis of
exclusion.
❑ Does Not Apply
® Water:
® Sewer:
® Drainage:
® Garbage:
® Electricity/Natural Gas:
SECTION 6 — MONETARY PENALTIES AND LATE INTEREST CHARGES:
22. Monetary Penalties: $100 if rent is not received by 15th of month
23. Late Interest: All delinquent sums not paid within 15 days of sue date shall,
at Landlord's option, bear interest at the rate of 8% per annum. Interest on all
delinquent amounts shall be calculated from the original due date to the date
of payment.
SECTION 7 — OTHER LEASE CONSIDERATIONS:
Special lease considerations, e.g. non-monetary rent, etc Tenant agrees to
reimburse Landlord for all Taxes applicable to the premises during the lease term.
Lease Agreement Cover Sheet—Page 2 of 3
❑ None (check box if no considerations)
Lease Agreement Cover Sheet—Page 3 of 3
LEASE AGREEMENT
THIS LEASE is entered into between CHARLIE AND SHIRLEY PERKINS, a married
couple ("Landlord"), whose mailing address is 17817 146th Avenue SE, Renton, WA 98058,
and THE CITY OF KENT, a Washington municipal corporation ("Tenant"), whose mailing`
address is 220 Fourth Avenue South, Kent, Washington 98032.
1. PREMISES
The Landlord hereby lets and leases to Tenant the property located at 715 W. Smith,
Kent, Washington. The area so leased is hereinafter called "the Premises" and is depicted in
Exhibit "A" attached and incorporated by this reference.
2. USE
The Premises shall be used only for any legal 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.
3. TERM
The Term of this Lease shall commence on April 1, 2011 (the "Commencement Date"),
and shall continue for a period of two (2) years, with the Tenant's option to renew for one (1)
additional one (1) year period This Term can only be extended by written agreement between
the parties. Except as specified elsewhere in this Lease, Landlord represents and warrants to
Tenant that the Premises, including the structural condition of the Premises and the condition
of all mechanical, electrical and other systems on the Premises are in a safe, good and usable
condition sufficient to meet Tenant's intended uses. Prior to the end of the Term, Tenant may
terminate this Lease by giving Landlord twenty (20) days written notice prior to the end of
the month.
4. RENT
Tenant shall pay Landlord the amount of Four Thousand Seven Hundred Fifty and
No/100 Dollars ($4,750.00) per month, on or before the first day of each month during the
Lease Term, and will pay for the annual catch basin cleaning, 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.
Tenant shall endeavor to pay Landlord under this Lease by the fifth (5th) day of each
month. If any sums payable by Tenant to Landlord under this Lease are not received by the
fifteenth (15th) day of each month, Tenant shall pay Landlord, at Landlord's option, One
Hundred and No/100 Dollars ($100.00) in addition to the amount due, for the cost of collecting
and handling such late payment. In addition, all delinquent sums payable by Tenant to
Landlord and not paid within fifteen (15) days of the due date shall, at Landlord's option, bear
interest at the rate of eight percent (8%) per annum. Interest on all delinquent amounts shall
be calculated from the original due date to the date of payment.
LEASE AGREEMENT—Page 1 of 16
(between the Crty of Kent and Perkins)
S. SECURITY DEPOSIT
Landlord acknowledges that Tenant has paid the sum of One Thousand and No/100
Dollars ($1,000.00) to Landlord as a Security Deposit under the prior lease for the Premises
between the parties dated March 28, 2006. Landlord may commingle the Security Deposit
with its other funds. If Tenant breaches an 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
therefore 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 or any earlier termination as provided for in Section 3, the Security deposit
shall be repaid to Tenant without interest within thirty (30) days after the vacation of the
Premises by Tenant.
6. TAXES
Tenant shall reimburse Landlord for all Taxes applicable to the Premises during the
Lease Term. Landlord shall present to Tenant a copy of a statement showing the amount paid
by Landlord for Taxes, along with satisfactory evidence that payment of Taxes has been made
by Landlord. Tenant shall then reimburse Landlord for Taxes with Tenant's next rent
installment. If any Taxes paid by Tenant cover any period of time before or after the
expiration of the Term or any earlier termination as provided for in Section 3, 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
The term "Taxes" shall mean: (1) any form of real estate tax or assessment imposed
on the Premises by any authority, including any city, state or federal govemment, 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 include 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. 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.
7. RE-DELIVERY
Tenant, at the expiration of the Term, any extension of the Term, or upon any sooner
termination of this Lease, will, without notice, quit and deliver up the Premises to the Landlord
peaceably, quietly, and in as good order and condition as the same now are, reasonable use
and wear excepted.
LEASE AGREEMENT—Page 2 of 16
(between the City of Kent and Perkins)
S. ALTERATIONS
Tenant may make alterations, additions or improvements to the Premises, including
any Tenant's Work identified in Exhibit B ("Alterations'), with the prior written consent of
Landlord, which shall not be unreasonably withheld. The term "Alterations" shall not include
the installation of shelves, moveable partitions, Tenant's equipment, and trade fixtures that
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 the 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 or any
earlier termination of the Lease. Tenant shall remove all Alterations at the end of the Lease
Term or any earlier termination of the Lease 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 repair any damages to the Premises caused by the removal of
Alterations. If Tenant performs work with the consent of the Landlord, Tenant agrees to
comply with all laws, ordinances, rules, and regulations of the City, County, and any other
authorized public authority.
9. REPAIRS AND MAINTENANCE
The Premises are being leased "as is." Landlord Is not obligated to make any repairs to
the Premises, except as described in this Section 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 roof,
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 invitees therein.
10. 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.
11. SIGNAGE
Tenant shall obtain Landlord's written consent before installing any signs upon the
Premises, which shall not be unreasonably withheld or delayed. Tenant shall install any
approved signage at Tenant's sole expense and in compliance with all applicable laws. Tenant
LEASE AGREEMENT—Page 3 of 16
(between the Gty of Kent and Perkins)
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.
12. DESTRUCTION OR CONDEMNATION
a. Damage and Repair. If the Premises are entirely destroyed or partially damaged by
fire or other casualty, then Tenant may, at its sole option, within fourteen (14) days of
the event causing the damage, terminate this Lease by providing Landlord written
notice of termination If Tenant does not terminate this Lease and if the Premises are
partially damaged but not rendered untenantable, Landlord shall diligently restore the
Premises. 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, the Landlord may elect to terminate this Lease and keep the
insurance proceeds, by notifying Tenant within thirty (30) days of the date of such
casualty.
If the Premises are entirely destroyed and rendered untenantable, by fire or other
casualty, and if Tenant has not exercised its right to terminate as provided above,
Landlord may, at its option: (a) terminate this Lease as provided herein, or (b) restore
the Premises to their previous condition.
If Landlord restores the Premises under this Section, 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 for any portion of the Premises. Landlord will not carry insurance of any
kind for the 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 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
LEASE AGREEMENT—Page 4 of 16
(between the Gty of Kent and Perkins)
interruption in its business, provided that in no event shall Tenant's claim reduce
Landlord's award.
13. 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.
14. 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. At Landlord's option, this policy shall name
Landlord and Landlord's lender(s) as an additional insured. This policy 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 self-insured retention of not more than $100,000. The
insurance will be non-contributory 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 $10,000. 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 12(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. At Landlord's option, 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
LEASE AGREEMENT—Page 5 of 16
(between the City of Kent and Perkins)
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 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.
15. INDEMNIFICATION/HOLD HARMLESS
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 shall
survive expiration or termination of this Lease.
16. LIENS AND INSOLVENCY
Tenant shall keep the Premises and property in which the Premises are situated, free
from any liens arising out of any work performed, materials furnished, or obligations incurred
by 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 an person claiming by, through or under the 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).
17. ASSIGNMENT
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 such Transfer shall not operate as a waiver of the
necessity for Landlord's consent to any subsequent Transfer.
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
LEASE AGREEMENT—Page 6 of 16
(between the City of Kent and Perkins)
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.
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 and after the date of such
transfer, except for any retained security deposit or prepaid rent, and Tenant shall attorn to
the transferee.
18. DEFAULT
The following occurrences shall each be deemed an Event of Default:
a. Failure to Pay. Tenant falls to pay any sum, including Rent, due under this Lease
following fourteen (14) days written notice from Landlord of the failure to pay.
b. Vacation/Abandonment. Tenant vacates the Premises (defined as an absence for at
least fifteen (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
proceedings, the existence of such proceeding shall constitute an Event of Default only
if such proceeding is not dismissed or vacated within sixty (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 fifteen (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 thirty (30) days
after notice by Landlord to Tenant of the breach.
19. 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 acts 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
LEASE AGREEMENT—Page 7 of 16
(between the City of Kent and Perkins)
been owing by Tenant under this Lease for the balance of the Lease Term, less the net
proceeds, if any, of 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- (i) unpaid rent which had been earned at the time of termination; (11) the
amount by which the unpaid rent which would have been earned after termination until
the time the award exceeds the amount of rent loss that Tenant proves could
reasonably have been avoided; (in) the amount by which the unpaid rent for the
balance of the Term of the Lease after the time of the 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 (iv) 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 the following
Section.
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 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, for a period of six (6) months
from date of default.
c. Waiver of Redemption Rights. Tenant, for itself, and on behalf of any and all
persons claiming through or under Tenant, including creditors of any 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
LEASE AGREEMENT—Page 8 of 16
(between the City of Kent and Perkins)
its option, remove and store the property at Tenant's expense and risk. If Tenant does
not pay the storage costs 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,
upon written notice to Tenant. Landlord shall apply the proceeds of such sale. (i) to
the expense of such sale, including reasonable attorneys' fees actually incurred; (n) to
the payment of the costs or charges for storing such property; (iii) 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.
20. HAZARDOUS MATERIALS
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, excepts as otherwise disclosed to Tenant in writing before the execution
of this Lease.
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
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 due to its potential harm to the health, safety or welfare of humans or the
environment. The provisions of this Section shall survive expiration or termination of this
Lease.
21. NOTICES
All notices to be given by the parties hereto shall be in writing and effective (1) when
delivered in person, or (ii) three (3) days after being sent by United States registered or
certified mail, postage prepaid, to Landlord or Tenant at the below-listed addresses or a later
changed address provided in writing:
LANDLORD:
Charlie and Shirley Perkins
17817 146th Avenue SE
Renton, WA 98058
(A25 I
TENANT:
City of Kent
Attn• Facilities Management Superintendant
220 Fourth Avenue S
Kent, Washington 98032
(253) 856-5700
LEASE AGREEMENT—Page 9 of 16
(between the Gty of Kent and Perkins)
22. NON-WAIVER
The failure of Landlord 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 the covenants and
agreements of this Lease, or any other covenant or agreements, but the same shall be and
remain in full force and effect. 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. COSTS AND ATTORNEYS FEES
If by reason of any default on the part of Tenant it becomes necessary for Landlord to
use an attorney, or if Tenant shall bring any action for any relief against Landlord, declaratory
or otherwise, arising out of this Lease, each party shall pay its own legal costs and attorney
fees, including costs and fees for any appeals.
24. HEIRS AND SUCCESSORS
Subject to the assignment and subletting provisions, the covenants and agreements of
this Lease shall bind the heirs, executors, administrators, legal representatives, successors and
assigns of any or all of the parties.
25. HOLDOVER
If Tenant shall, without the written consent of Landlord, holdover after the expiration or
termination of this Lease, such tenancy shall be a month to month tenancy, terminable as
provided by the laws of the State of Washington. During such tenancy, the rate of rental shall
remain equal to the rate last payable under this Lease.
26. SUBORDINATION
This Lease shall automatically be subordinate to any mortgage or deed of trust created
by Landlord which is no 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. Notwithstanding
the foregoing, Tenant's obligations under this Section are conditioned on the holder of each
Landlord's Mortgage and each person acquiring the Premises 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.
LEASE AGREEMENT—Page 10 of 16
(between the City of Kent and Perkrns)
27. OUIET 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 any claiming by,
through, or under Landlord, or by the holders of any mortgage of Landlord, or any successor
thereto.
28. GENERAL
a. 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.
b. 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.
c. Force Majeure. Tim periods for either parry'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.
d. Governing Law. This Lease shall be governed by and construed in accordance with
the laws of the State of Washington.
e. 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.
f. Effective Date: This Lease Agreement shall take effect and commence on the last
date entered under the Landlord's or the Tenant's signatures below.
The foregoing conditions are mutually agreed to by Landlord and Tenant.
LANDLORD(S): TENANT:
CITY OF KENT
Charlie Perkins By: 'S ette C oke
Dated: <P-� IS--II Its: ayor
Dated:
Shirley Perk Ms
Dated: 6 — 13- 1 1
LEASE AGREEMENT—Page 11 of 16
(between the City of Kent and Perkins)
APPROVED
AS TO FORM:
_ 1 �PR (:�) -�
Kent Law Department
P•1Clvll%Flles%Open Flles\0105-2011-Parks GenerallPerkms Storage Lease Agreement for Facllltles doex
LEASE AGREEMENT- Page 12 of 16
(between the Crty of Kent and Perkins)
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this 1 �5 day of��er-2011, before me a Notary Public in and for the
State of Washington, personally appeared Charlie Perkins, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person who
executed this instrument and acknowledged it to be his/her free and voluntary act
and deed for the uses and purposes mentioned in this instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first above
NOTARY PUBLIC, in and for the S ate
p
,,,':• (�D,-Ya ;��. , of Washington, residing at e—
My appointment expires
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this 4a day ofqLtLe, 2011, before me a Notary Public in and for the
State of Washington, personally appeared Shirley Perkins, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person who
executed this instrument and acknowledged it to be his/her free and voluntary act
and deed for the uses and purposes mentioned in this instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first above tten.
b�typ�J
�
1J �PxJ�.� L V C,jj 5
4 ,n9� NOTARY PUBLIC, in and for the Sate
® ° "; of Washington, residing at
My appointment expires
^!,•• '�.r,sl..'1ns O �1
J yi
JfeJ'
LEASE AGREEMENT—Page 13 of 16
(between the City of Kent and Perkins)
STATE OF WASHINGTON )
. ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Suzette Cooke
is the person who appeared before me, and said person acknowledged that she-
signed this instrument, on oath stated that she is authorized to execute the
instrument on behalf of the City of Kent as its Mayor, and such execution to be the
free and voluntary act of such party for the uses and purposes mentioned in the
foregoing instrument.
-Notary Sea!Must Appear Within This Box-
WHEREOF, I have hereunto set my hand and official
_ t o�i � `;�?,ndar first above written.
Z_
X\� r NOTARY PUBLIC, in and for the State
0;WPS���`` of Washington, residing at
My appointment expires 14
LEASE AGREEMENT—Page 14 of 16
(between the City of Kent and Perkins)
EXHIBIT A
[Legal Description]
SCHEDULE A
(CaRl:uud)
OrJer ND» 12D1203
5'Pur Nn:Ise..nrs7w ss Iem9n
LEGAL DFSCR[PTION EMSET
(Puap2o 4 of Scbcdulb A=tmmt=)
PARCEL AI
ALL OF THE FOLZ.ONING Dr.5CXI8ED PROPERTY, SITUA-r,= IN n.-mON 24, TOW11suP 22
NORTH, PANGS 4 EAST OF H.M., IN RING COUNTY. N;SHIN(ITON.
BEZINULNO AT THE POINT OF INFEPSECIION OF T9Z EUT LINE OF THAT POR710H
C17h Je m TO THE CITY OF K=T FOR ALLY PDNPOSrS 3Y Dr.= UNDFJC YINO cDumT
RECORDENG VWM 4512294 AND THE NORTHERLY LINE OF SMITH 5M'<ET (FORMERLY
NNOHN AS .LEST SHINN 7RSEEr) CON1EYFJ7 TO THE CITY OF KE.T EY DEED RECORDED
amuAP.T 13, Im UNDER RING Cum=RECORDING NUMBER 523283. 5AID POINT or
INTMSZCTION SZINX THE SGDTHWEST' CORNEA OF THE PAAC77, CDNVEYED TD STANDAED
an C:HFANY OF CALIFC?.N:A ET T7U.T CERTAIN DEED DATED MARCH 17, 19171 AS FILED
FOR?_CORD WIN It. 1317 AS OO LI 3EWT NUtMZR 113212E IN VOUIME 97S OF DEMS
AT PAGE 503. RECORDS OF K'NG COUNTY, WA5HINGTLRI.
TN-'NC=U—,.7]1Y AL G SAID NORTr-E LY LINE OF ZX D SNIT,(vT E=, 120 F-EL, MORE
OR I=S. 70 THE SOU'NDFST CORNER OF TTL1T PORTION CWV&-YE D TO LIM. MCNEILL
AND Li92Y, A KUNZ CORPORATION, 3Y DEED CATEo MARCH 21. 1230 AND_RECORDED
NARC•i 31, 1930 LHOIA RECORDING HUNHER 2595330,
THEN=:: NORTHERLYf RUNIC TdE HS'�- LY LINE OF SAID LIRRY, MUSTLY.AND L:2RY
TRACT 70 A POINT ON =SOUTII=Y LINE OF THE CRICA00, MILWAUKEE AND ST.
PAL:.SPUR TRACK 60 FOCT RIGHT OF NAY BEING A POINT DH A CURVE HAVING A RADIUS
OP ,35.37 Y=t
TB97 - NORTddE=Y ALONG SAID CURVE TO A POINT OF THE INT7LSS'C'LaN OF TIM
ELST'E'Y LINE OF SAID 701T20I CDHVZYED= THE CI7Y OF MIT FOR ALLY
PDRP175E5, SAID POINT BEING THE. NORTHNESS CORNER OF SAID FAACs'T.
C9iM*E= TO SIRUDARD OIL COMPANY OF ZALIFORWIA:
TRENCE SOUTSEiLY ALL% MID EAS71ZSY LINE OF Alamy r THE POINT OF R23ZNNING.
PARd 1,
ALL Of LR.^. FOLLOWING DFSCRILEO PROPERTY, SIT(EtZ=IH SECIJOH 24, TVNRSHIP 22
SORTS, RANG£4 EAST OF W.M., IN KING C.O7.nT. NASNINGTON:
COKIIENCING AT THE IN3ASZCaION O= THE EAST LINE W A TRACT OF LAND =rV-c 19
TO =r CIiY OF KEE.T FOR ALLEY PURPOSES SIX OEM RECORDED UNDER KING COUNTY
RECORDING Nu.RER 4512994, AND THE NDRT'N LINE OF SMITH STREET (FORMERLY NNONN
AS WEST SPINS 511,E-,) S:.ID P019 OF ZNTERSECiION BEING THE SOMIWST Comm
OF A e:4GL Or L av CONPEXEI) TD STA.'70S.RD OIL COMPANY OF G'LIFI:RNTA HT DEED
RC=DEO UNOEB XINS COUNTY RECORDING NLM=t 1122126 19 VOLINS 915 OF OEPAS AT
PAGE 523:
~ TH—E NC NORTH 00°59'14' Eks ALONG TIFF EAST LINE Or SAZO ALLEY 239.30 FEET To
AN INIiT.5'oC7'ION WZTN THE ARC OF A CURVE ON THE SOUTHERLY LINE Or THE CICAGO,
MILZAUK:S AND Sr. PAUL RAILWAY COMPANY SPUR aZi A�RICR, OF NAY AND THE POINT
OF 3=0:1No,
irl:'MCE CON?iLOING NORTIt 00'99'14• V4T, 34 06 FEET SO AN ljr )tt NITd THE
CorT-R LINE OF SAID SPUR TRACX RIGHT OF WAY OH TWE AAC OF A CTP,VE THE RADIUS
POI:rI OF WHICH REARS NORTW 32`i5'3?' EAST 343 06 FEES FROM 5AID INTLRSEmov.
THENCE SOUTIfE1s7[LY ALOK 5AI1) CENTER LINE ON THE ARC OF SAID CURVE 129 55
FEEL',
TL14
ZXZ O SSAID RIGHT OF
WEST 30 86 FEET ,L AN I1'TERSECTLON WITH THE Sotri7{EAIT
LINE OF SAID RIGHT OF kAY ON THE ARC OF A CURVE ALSO 9ZING THE NORTAWM
CrKHZR OF PAPCEL `R` OF SPORT PLAT FA04REP SPC.76.30 AS PER THE SHORT PL'.T
REGRADED UNDER ),ING COUNTY RECORDING HUMSE-9 7701070442, THE RADIUS POINT OF
SAID CUR:- 9EARII.G NORTH 1IE53'15' EAS.A OLSTANCE OF 413.06 FEET FROM SAID
PO;YT OF INT'a.R91.^.:ON,
THVICE N0R71f'EST:RLY A1000 SAID SOL'771EFLY LINE L26 04 FEET TO THE POINT of
a-r7I/NG
LEASE AGREEMENT—Page 15 of 16
(between the City of Kent and Perkins)
EXHIBIT B
Tenant shall be allowed to enclose the Premises with a fence. Landlord agrees to
reimburse the Tenant for the cost of constructing the fence.
i
LEASE AGREEMENT— Page 16 of 16
(between the City of Kent and Perkins)
June 8, 2011
Charles Lindsey
City of Kent
220 4th Avenue South
Kent, WA 98032
Re: Lease Agreement between Charlie and Shirley Perkins and the City of Kent for
property at 715 West Street, Kent, Washington
Dear Mr. Lindsey:
This letter will serve as my consent for the City of Kent to enter into a sublease
agreement with the Kent Lions Club for a portion of the above-referenced property.
This consent is given in accordance with Section 17 of the Lease.
Sincerely,
Charlie Perkins
i
July 14, 1998
i LWARLIF T. P5RXIN5 Ownerof PROPL-ITY A7 715 WEST 51MITH5T.
Owner Commonly Known As
t
give Ohana Nursery/King County Justice Center the right of way to install the necessary electrical
utilities for the sole purpose of lighting power source located within the City of Kent 6`s Ave. right
of way, GR TO I>iSTALL T#..F LIGHT POLE A T 7Hf- MRTA WES T CORAER
OF TBL- TWO S%vRY 3 U1LDIMG LD617rD A 1 715 WF<? S1ri1T11 ST.
Signature- Autho ed Age
� �NT'N U 6r'1 T
r`J
State of Washington
County of King TWW 570Ry
Sworn to before me this 14th day f SU1LDlMLS zf
of July, 1998. 71tr- W. SM LY
GTR AVE {
......little#... I E
9X
sr? Kss� '. Jones
;a' 2"2%rqi�)
Cn
' .WASR t�0
i
REQUEST FOR MAYOR'S SIGNATURE
�� KENT Please Fill in All Applicable Boxes
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Reviewed by Parks Director
Originator: Charlie Lindsey Phone (Originator): 5081
Date Sent: 7/7/2011 Date Required: 7/15/2011
Return Signed Document to: Rosalie CONTRACT TERMINATION DATE: 3/31/2011
VENDOR NAME: Charlie Perkins DATE OF COUNCIL APPROVAL: 7/5/2011
Brief Explanation of Document: Lease Agreement with Charlie and Shirley Perkins for City of
Kent Facilities Storage located at 715 W. Smith St. This lease agreement is for 2 years with the
option to renew for 1 additional 1 year period. Prior to the end of the term, tenant may
terminate this lease by giving Landlord 20 days written notice prior to the end of the month.
lie W$ni OR Must Be Routed Through The Law Department
7 ` (This area to be completed by the Law Department)
Received:
Approval of'taw De .:
i
Law Dept. Comments:
Date Forwarded to Mayor: //O�/
aFf
Shaded Areas To Be Completed 8y Administr tjgn Staff ),
L 0ul
Received:
Cry OFhFtJ
Recommendations and Comments: " ``"'F "'
Disposition: lik 4 I�LtJ�/?��c� A
Date Returned:
,B