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HomeMy WebLinkAboutPW12-114 - Original - Plemmons Industries, Inc. - Signal Shop Warehouse - 06/01/2012 ecords I emera KENT WASHINGTON Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Plemmons Industries, Inc. Vendor Number: 136884 JD Edwards Number Contract Number: Pco � a- I N This is assigned by City Clerk's Office Project Name: Lease Warehouse for Traffic Signal & Street Lighting Shop Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 6/1/12 Termination Date: 5/31/15 9 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: John Rostad Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Lease warehouse agreement for PW Transportation Traffic Signal & Street Lighting Shoff 1621 Central Avenue S., Units 24 and 25. S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 PLEMMONS INDUSTRIES, INC. TELEPHONE (253) 854-2600 • FACSIMILE (253) 852-7368 lN13UBTRIE8 PO BOX 1068•1311 CENTRAL AVENUE SOUTH, SUITE 201 • KENT,WASHINGTON 90035-1068 LEASE WAREHOUSE THIS LEASE, dated the 28th day of March, 2012, by and between PLEMMONS INDUSTRIES, INC., as "Landlord", and CITY OF KENT as "Tenant", is upon the following terms and conditions 1. Premises: Landlord leases to Tenant and Tenant leases from Landlord the premises situated in Kent, Washington, (the "Premises")legally described as follows Umt(s) 24&25,Plemmons Industrial Park, 1621 Central Avenue South, Kent, Washington, being a portion of Lot 19, Horseshoe Acre Tracts to Kent, as per plat recorded in Volume 15 of Plats on Page 10, Records of King County,Except the East 10 feet thereof conveyed to King County for Road,and Except the West 15 feet thereof; Situate in the City of Kent, County of King, State of Washington 2. Term of Lease: The term of this Lease shall be for 3 (Three) Years Zero(0) Months and Zero(0) Days, and shall commence on the lst day of June, 2012, (the"Commencement Date") and end on the 31st day of May,205 (the"Expiration Date"). 3. Minimum Rent; CAM Charges; Common Areas: a) Tenant covenants and agrees to pay to Landlord as base rental for the Premises,without deduction, offset, pi for notice or demand, in advance, a minimum monthly rental of S** (See Addendum B**) All rents specified herein to be paid to Landlord are payable in advance on or before the first day of each month during the tern of this Lease Rent shall be payable to the Landlord at P O Box 1068, Kent, WA 98035, or to such other party or such other place as the Landlord may hereafter designate in writing If Landlord consents, Tenant may occupy the Premises prior to such commencement date upon payment of rent on a ptoiated basis and compliance with all terms of this Lease The pro-rata rent for the month of N/A shall be paid upon execution of this Lease b) Tenant shall pay to Landlord, as additional rents, an amount estimated by Landlord to be Tenant's share of Common Area Maintenance Charges ("CAM Charge(s)") (as defined in this section) This amount is payable on or before the first day of each month during the tern of this Lease The monthly CAM Chai ge at the start of the lease term shall be$** See Addendum B**) The Landlord can adjust the monthly CAM Charge at any time dui mg the term of this Lease on the basis of Landlord's then ieasonable anticipated costs for the curient accounting peuod An accounting period is one (1) full calendar year, except that the first accounting pet od shall commence on the date the term commences and the last accounting period shall end on the date the term expires or terminates The term"Common Area Maintenance Charges" means and includes all sums expended by Landlord for the supeivision, management, operation, maintenance and repair of the common areas and an allowance to Landlord for Landlord's supervision of maintenance and operation of the common areas, including without limitation, the costs of each and all of the following items sweeping, resurfacing and re-striping of parking lots, repainting, building and improvements tepan, landscaping, ice and snow removal, supplying directional signs and other maikers, car stops, lighting, insurance premiums, water and all utilities not paid directly by Tenant, and othei costs nccessaiy in Landlord's Judgment for the supervision,management,operation,maintenance and repair of the common areas. c) Landlord reserves the right from time to time to alter said common areas and to exeicise control and management of the common areas and to establish, modify, change and enforce such rules and regulations as Landlord in its discretion may deem necessary and desuable Tenant agiees to abide by and conform to such rules and regulations and shall be responsible for compliance by its employees agents, customeis and invitees The failure of Landloid to enforce any of such rules and regulations against Tenant shall not be deemed as a waiver of same Landlord shall have the right to close all or any portion of common areas at such times and for such pet ods as may, in the opinion of the Landloi d, be necessary to prevent a dedication thereof, or to pieserve the status thereof as private property, or to prevent the accrual of any rights in any person, and Landlord may also close said common areas for purposed of maintenance and repairs as may be required from time to time 4. Security Deposit: Upon execution of this Lease, Tenant currently has on deposit $1500 00 (One Thousand Five Hunr)red NAL Dollars and 00/100), with Landlord (heiemafter referred to as "the Security Deposit"), to secure the faithful per rmatice by Tenant of each term, covenant and condition of the Lease If Tenant at any time, fails to make any payment or f it to keep C _ perform any term, covenant and condition on its pall to be made or performed or kept under this Lease, Landlord may, but shall not be obligated to and without waiving or releasing Tenant from any obligation under this Lease, use, apply or retain the whole or any part of the Security Deposit(a) to the extent of any sum due to Landlord, (b) to make any required payment on Tenant's behalf, of (c)to compensate Landlord for any loss, damage, attorneys' fees, or expense sustained by Landlord due to Tenant's default In such event, Tenant shall, within five(5)days of written demand by Landlord, reimt to Landlord suiticient funds to restore the Security Deposit to its original sum, and Tenant's failure to do so shall be considered a material breach of the Lease. Tenant shall not be entitled to interest on such deposit The rights of the Landloid against the Tenant for a breach of this Lease shall in no way be limited or restricted by the Secut ity Deposit, but Landlord shall have the absolute right to pursue any available remedy to protect its interests het em, as if this deposit had not been made Should Tenant comply with all the terms, covenants and conditions tequired by this Lease. the Security Deposit, less any sums owing to Landlord, shall be ieturned to Tenant within a reasonable time after termination of the Lease, vacation of the Premises by Tenant Should the Piemises be sold, Landlord may transfer or deliver the Security Deposit to purchaser of the interest and Landlord shall then be discharged from any further liability with respect to the Security Deposit 5. Interest and Late Charges: (a) All amounts payable by Tenant to Landlord, including without limitation, rent, CAM Charges, other charges due to Landlord and any amounts paid by Landlord on behalf of Tenant and reimbursable to Landlord, not paid within five (5) days of when due, as required herein shall bear interest at the rate of twelve percent (12%) pei year from the date of any delinquency in payment thei eof to the date paid In addition, if Tenant falls to pay rent, CAM Charges, other charges due to Landlord or any such amounts within five (5) days of the date due, then Tenant shall pay a late charge of Ten and No/100 Dollars ($10 00)per day pei each unit included in the Lease for each day after the fifth(5th) day after the date due that rent, CAM Charges, othei charges due to Landlord or any such amounts remain unpaid The late charges are due when late rent is paid (b) Tenant agrees to pay Fifty and No/100 Dollars ($50 00) to Landlord on any NSF check tendered to Landlord by Tenant The above late charge applies to rent for which payment has been attempted on a NSF check until said NSF check is replaced with a cashier's or certified check No personal checks will be accepted after the 2"d NSF check 6. Taxes; Assessments: Tenant agrees to pay any increase in real estate taxes due and payable on the Premises for each full calendar year during the term of this Lease over the real estate taxes due and payable on the Premises for the year in which the Commencement Date occurs On or befoie March 3lst of each year, or as soon thereafter as reasonably practicable, Landlord shall certify to Tenant, (a) the amount of the total increase, if any, in real estate taxes due and payable for that year for the project of which the Premises are a part (the "Project"), and (b) Tenant's "proportionate share" of the total increase. which shall be equal to that portion of the total increase which bears the same relation to the total increase as the total floor area of the Premises bears to the total floor area of all rentable space in the Project Tenant shall pay the proportionate share so certified on or before April 30 of such year, or within thirty (30) days of the date Landloid gives Tenant its certification For the calendar year in which this Lease terminates, the provisions of this section shall apply, but Tenant's liability foi its "proportionate share" of any tax increase for said year shall be appropriately prorated Should there presently be in effect or should thei e be enacted during the term of this Lease, any law, statute or ordinance, levying any tax (other than Fedeial, State of local income tax)upon rents,Tenant shall pay such tax or shall reimburse Landlord on demand for any such taxes paid by Landlord 7. Use of Premises: The Premises are to be used for the purpose of conducting therein the business of General warehousing for the City of Kent and its Traffic Signal maintenance shop, and for no other business or purpose without the written consent of Landlord, which consent may be withheld in Landloid's sole discretion if any change in the use of the Premises or alteration thereof by Tenant results in an increase in Landlord's insurance premiums, Tenant, piomptly upon request, shall reimburse Landlord for the increased cost of such insurance 8. Conduct of Business: (a)Tenant shall not leave the Premises unoccupied or vacant,but shall continuously during the entire tei iii of this Lease carry on its business Said business shall be kept open continuously each day dui uig the hours customary for business of like character to be open (b) Tenant shall not do anything which may injure the Building, commit waste on the Premises or be a nuisance or menace to other Tenants in the project Tenant shall not allow any objectionable liquid, odor or noise to be emitted from the Premises Tenant shall not store gasoline or other highly combustible materials on the Premises, which would violate any applicable fire code or regulation nor conduct any operation that will increase Landlord's fiie insurance rate for the Piemises Tenant shall not ovet load the floors of the Piemises or the electrical lines and circuits in the Premises If Tenant desires to use electrical equipment that require mote capacity than the capacity of the existing electrical lines and circuits in the Premises, then before using such equipment Tenant shall, at its expense, increase the capacity of such lines and cucuits All such work Page 2 of 13 N IAL and changes shall comply with all applicable building and electrical codes and shall be subject to Landlord's prior consent. Tenant shall not burn any trash of any kind in or about the Premises (c)Tenant shall permit no damage to, or the defacement of the Premises. The plumbing facilities shall not be used for any other purpose than that for which they were constructed, and no foieign substance of any kind shall be thrown therein The expense of any breakage, stoppage or damage resulting from a violation of this provision shall be borne by Tenant 9. Outside Storage: Tenant hereby agrees that no item(s) shall be stored outside of the unit Tenant shall not keep or display any merchandise or other personal property in areas outside the Premises or otherwise obstruct such areas This includes all refuse receptacles and other collection containers, whether personal m business related other than on the date of collection. Tenants using a dumpster understand that dumpsters or cans must be kept inside the Premises Tenant hereby agrees that all dumpsters and cans will comply with the Uniform Fire Code, Section 1120.1(d). 'Ihe outside storage of any item is strictly prohibited and will be enforced. Any Tenant storing an item outside of their unit will be served a 10-day notice to comply and/or have their tenancy terminated 10. Inside Storage: Tenant shall not store any item(s) above the office, restroom, or hallways. All storage must be on approved storage racking or on the warehouse floor surface. 11. Signs and Advertising: Tenant may erect signage stating its name, business or product after first securing Landlord's approval of the size, color, design and verbiage and all necessary governmental appiovals All signage installed by Tenant shall be removed upon termination of this Lease with the sign location restored to its former state (SEE EXHIBIT "A", SIGN CRITERIA.) 12. Alterations and Improvements: Tenant shall make no alterations, additions or improvements to the Premises without Landloid's prior written approval and without a valid building permit issued by the appropriate governmental agency Detailed plans and specifications for such alterations and improvements shall fist be submitted and approved by the Landlord in writing Landlord shall not unreasonably withhold its approval Tenant shall not install any exterior lighting fixtures, shades or awnings of do any exterior decoration or painting, or make any stiuctural altetations without the previous written consent of Landlord Any and all such alterations, additions and improvements will be made In a good and workmanlike manner at the sole expense of Tenant All alterations, additions, or othei improvements that may be made on or to the Premises by either of the parties hereto, except trade fixtures put in at the expense of Tenant, shall be time property of Landlord and shall remain on and be suriendered with the Premises as a part theieof at the termination of this Lease without hindrance, molestation, or injury by Tenant except that Landlord, at its option, may ieguiic Tenant, at Tenant's expense, to iemove any part or all of the alterations, additions or improvements made by Tenant Any injury caused by Tenant's moving its trade fixtures In and out of the Premises or by the iemoval of the alterations, additions or improvements made by Tenant shall be repaired by Landlord at Tenant's expense Nothing contained herein, however, shall prohibit Tenant from making necessary, normal, and emergency repairs to said improvements without Landlord's consent. 13. Property Damage or Personal Injury. Landlord shall not be liable for any personal property damage or personal injury occurring on or to the Premises or to any persons in or on the Premises Including but not limited to (1) any loss of pioperty by theft or burglaiy, (2) any damage to person or property on or about the Premises from the operation of any elevator of the use of any utility on the Premises, (3) any damage or injury caused by action of the natural elements, (4) any damage or injury resulting fiom the conduct of the employees of Tenant, whether negligent or otherwise, or (5) any damage or injury that may result from any bursting, stoppage,or leakage of any water, steam,or gas pipe, sewer,basin,toilet,hot water tank,or dram 14. Exterior Maintenance: Landlord shall repair and maintain the roof, gutters, downspouts, exterior walls, foundation, curbs and exterior paved areas in good condition Landlord shall be under no liability for repair of or maintenance to any store front installed by Tenant Except for such obligations of Landlord, Tenant shall keep the Premises neatly maintained and in good order and iepau If the Premises has a separate entrance,Tenant shall keep the entrance free and clear of snow, ice, debris and obstructions of every kind 15. Interior Maintenance: Tenant shall, at its own expense maintain the interior of the Premises at all times in good condition and repair, all in accordance with the laws of the State of Washington and in accoidance with all directions and regulations of any proper officer of the governmental agencies having jurisdiction, and Tenant shall comply with all requirements of law touching the Premises other than with respect to structural repaus Tenant's responsibility shall include maintenance and repair Page 3 of 13 INITIAL C of the electrical system, plumbing, drainpipes to sewers, air-conditioning and heating systems, overhead and personnel doors, carpet, blinds, windows and glass It is the responsibility of the Tenant to maintain pest and of todent control for the said interior Premises At the expiration of the term hereof,Tenant shall surrender the Premises in good condition,reasonable wear and tear and damage by fire or other casualty excepted The term "good condition" means the good physical condition and cleanliness of the Premises and each portion of the Pienuses, including the items listed above, all alterations, additions, or other improvements made by Tenant,and all trade fixtures installed by Tenant. 16. Heating/Air Conditioning: Landlord, at its option, may initiate a maintenance program for Tenant's heating, ventilating, and an conditioning system, if any, servicing the Premises Tenant shall pay to Landlord, or at Landlord's electron, directly to the maintenance firm, the cost of such maintenance, which shall be in addition to the CAM Charges 17. Inspection and Repair: Tenant agrees and covenants that the Landlord or his agents at all reasonable times and during all reasonable hours shall have free access to the Premises, and through any building or structure that may at any time be thereon, or any part thereof, for the purpose of examining or inspecting the conditions of the same or of exercising any right or power reserved to the Landlord under the terms and provisions of this Lease If Landlord deems any repairs required to be made by Tenant necessary, it may demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, Landlord may make or cause such iepairs to be made Tenant agrees to forthwith, on demand, pay the Landlord the cost of labor and materials thereof with interest at 12% percent per year Tenant also hereby waives any claim for damages, including loss of business, resulting from any such repairs or alterations; provided that in the exercise of its rights under this section, Landlord shall provide adequate access to the Premises and shall not unreasonably interfere with the conduct of Tenant's business. 18. [larking Area: Landlord hereby grants to Tenant and to its employees, agents, customers and invitees the non-exclusive right for and during the term of this Lease, to use the parking area, such use to be in common with all other occupants of the project, whether as Tenants or as owners, and their employees, agents, customers and invitees Tenant shall control the use of such parking spaces so that there will be no unreasonable interference with the normal traffic flow, and shall not permit any parking an landscaped or unpaved surface Landlord reserves the unrestricted right to make changes in the parking areas which shall at all times be subject to the exclusive control and management of the Landlord Landlord shall have the right liom time to time to establish reasonable rules and regulations with respect to the paikuig areas. Under no circumstances shall trucks serving the Premises be permitted to block traffic flow 19. Liens; Exculpation; Tenant's Indemnity: Tenant shall not allow any liens to attach to the Premises as a result of its activities Landlord shall not be liable for any loss or injury,to persons of damage to property in the Premises from any cause or causes whatsoever, which at any time may be suffeied or sustained by Tenant, or by any person whosoevei at any time may be using, occupying or visiting the Premises. Tenant shall defend, indemnify and hold Landlord harmless from and against any and all liability, claims, damages,costs and expenses of any kind whatsoever, ai ising out of or relating to any injury to persons or property, of death of persons however occurring on or about the Premises, except to the extent caused by Landlord's negligence of Landlord 20. Tenant's Insurance: Tenant, at its cost, shall procure and maintain in full force and effect during the term of this Lease a policy of commercial general liability insurance (including contractual liability and products and completed operations liability) with liability limits of not less than $1,000,000, single limit, msuiing against all liability of Tenant, its employees, agents and contractois arising out of or in connection with Tenant's use and occupancy of the Premises and property damage insurance with liability limits of not less than $1,000,000, All such commercial general liability and property damage insurance shall insure performance by Tenant of the indemnity provisions of Section 19 above Landlord and Landlord's Agent shall be additional named insureds on such insurance policy All insurance policies required to be carried by Tenant under this Lease shall (i) be ; issued by insurance companies author zed to do business in the State of Washington with a i atmg of A/V1I or better as rated in the most recent edition of Best's insurance Reports,(u)be issued as a primary policy,and(in)contain an endoi Bement requiring thirty (30) days' prior written notice from the insurance company to both Landlord and Tenant, and, if requested by Landlord, to Landlord's lender, before cancellation of change in the coverage, scope, or amount of any policy Each policy or a certificate of the policy, together with evidence of payment of premiums, shall be deposited with Landlord on or before the Commencement Date,and on renewal of the policy not less than ten(10)days before expiration of the term of the policy dial 8,g �_ Page 4 of 13 r ,o i 21. Personal Property Insurance: All personal property is the sole responsibility and risk of Tenant Tenant understands that Landloid will not msuic Tenants personal property To the extent Tenant does not obtain insurance coverage for the full value of Tenant's personal property stored in or on the Premises, Tenant agrees that Tenant will personally assume all risk of loss, ]Deluding without limitation, damage or loss by burglary, fire,vandalism of vermin 22. Release and Subrogation: Landlord and Tenant release each other,and their respective employees, agents and contractors, from, and waive their entire claim of recovery for, any claims for damage to the Premises and the Project and to Tenant's alterations, additions and improvements, trade fixtures and personal property that are caused by or result from fire, lightening or any other per ils normally included in an "all i isk" or"special causes of loss"property insurance policy whether or not such loss or damage is due to the negligence of Landlord, or its employees, agents or contractors, or of Tenant, or its employees, agents or contractors Landlord and Tenant shall cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against either party in connection with any damage covered by such Insurance policy. 23. Utilities and Amenities: Tenant shall fully and promptly pay for all water, sewer, natural gas, garbage collection, telephone sei vice,electricity, and all other public utilities of any kind furnished to the Premises throughout the term hereof and all other costs and expenses of any kind whatsoever in connection with the use, operation,and maintenance of the Piemrses and all activities conducted theieon Landlord shall have no iesponsibility of any kind for any costs thereof and Landloid shall have no liability resulting from any interruption of utility seivices caused by file of other casualty, strike, riot, vandalism, the making of necessary repairs or improvements, or any other cause beyond Landlord's reasonable control If(i) any utilities or services to the Premises are interrupted due to a cause within Landlord's seasonable control,and Tenant is unable to,and does not, use the Premises as a result of such interruption, and(it) Tenant shall have given notice respecting such interruption to Landlord, and Landlord shall have failed to cure such interruption or discontinuance within seven(7) consecutive days after receiving such notice, then rent hereunder shall theieafter be abated until such time as such services or utilities are restored or Tenant begins using the Premises again, whichever shall first occur Such abatement of rent shall be Tenant's sole recourse in the event of an interruption of services or utilities required to be provided by Landlord hereunder Tenant shall control the temperature in the Premises to prevent freezing of any plumbing or sprinkler system 24. Assignment and Subletting: Tenant shall not assign or in any manner transfer this Lease or interest herein, or sublet the Premises or any part thereof, or allow anyone to occupy the Premises, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Consent by Landlord to one assignment of the lease, or to one subletting of the Premises, shall not operate as a consent to a subsequent assignment or subletting Tenant shall not change the name under which it does business in the Premises without Landlord's prior written consent 25. Bankruptcy: If Tenant becomes a Debtor under Chapter 7 of the Banki uptcy Code("Code")or a petition for reorganization or adjustment of debts is filed concerning Tenant under Chapters 11 of 13 of the Code,or a proceeding is filed under Chapter 7 of the Code and is transferred to Chapters I 1 or 13 of the Code, the Trustee or Tenant, as Debtor and as Debtor-In-Possession,may not elect to assume this Lease of to assign this Lease to a third party unless, at or before the time of such assumption and/or assignment,the Trustee or Tenant has (a)cured all defaults undei the Lease and paid all sums due and owing to Landlord under the Lease,and(b)deposited with Landlord a sum equal to two(2)month's rent to be held by Landlord(without any allowance for interest theieon)to secure Tenant's future per formance under the Lease 26. Eminent Domain: If the whole of the Premises hereby leased shall be taken by eminent domain, then the term of this Lease shal I cease as of the day possession is taken by such public authority and the rent shall be paid up to that date If only a part of the Premises shall be taken by eminent domain and the remainder of the Premises not so taken can be made tenantable for the purposes for which Tenant has been using the Premises, then this Lease shall continue in full force and effect as to the remainder of the Premises and all of the terms herein provided shall continue in effect, except that the minimum rent shall be i educed in proportion to the amount of the Premises taken, and Landlord, at its own cost and expense, shall make all necessary repans and alterations in the Premises required by such taking, provided, however,that if more than fitly percent(50%) of the floor area of either the building in which the Premises are located or the Project shall be taken by eminent domain, , then Landlord may elect to teimmate this Lease as of the date possession thereof is taken All damages awarded for such taking shall belong to and be the property of the Landlord whether such damages shall be awarded as compensation for diminution of the value of the leasehold or to the fee of the Premises, but Landlord shall not be entitled to any portion of the award made to Tenant for cost of removal of stock and fixtues 27. Destruction of the Premises: If the Premises aFe partially or totally destroyed by fire or other casualty, then Landlor&m'd Page 5 of 13 C- elect to either(a)restore the Premises to substantially the same condition as they were in immediately before such destruction,or (b)terminate this Lease effective as of the date of such desti uction If Landlord does not give Tenant notice within sixty (60)days after the date of such destruction of its election to restore the Premises,then Landlord shall be deemed to have elected to letmmate this Lease If Landlord elects to restore the Premises, then Landlord shall use commercially seasonable efforts to complete such restoration within one hundred eighty (180) days after the date on which Landlord obtains all permits necessary for such restoration, provided, however,that such one hundred eighty (180) day peuod shall be extended by a peuod equal to any delays caused by Force Maleure, and such destruction shall not terminate this Lease The term"Force Maleure" means an ikes, lockouts, labor disputes, shortages of labor or materials,fire of other casualty,Acts of God or any other cause beyond the seasonable control of Landlord. 28. Default: The occurrence of any of the following shall constitute a default by Tenant under this Lease: (a) Failure to Pay Rent. Failure to pay rent,CAM Charges or any other charges due to Landlord when due,if the failure continues for a per rod of three(3)days after notice of such default has been given by Landlord to Tenant (b) Failure to Comply with Rules and Regulations. Failure to comply with the Rules and Regulations, if any, if the failure continues for a period of twenty-four(24)hour s after notice of such default is given by Landlord to Tenant if the failure to comply cannot reasonably be cured within twenty-four (24) hours, then Tenant shall not be in default under this Lease if Tenant commences to cure the failure to comply within twenty-four (24)hours and diligently and in good faith continues to cure the fadwe to comply. (e) Other Defaults. Failure to perform any other provision of this Lease, if the failure to perform is not cured within ten(10)days after notice of such default has been given by Landlord to Tenant If the default cannot reasonably be cured within ten(10)days,then Tenant shall not be in default under this Lease if Tenant commences to cure the default within ten(10) days and diligently and in good faith continues to cute the default. (d) Appointment of Trustee or Receiver. The appointment of a trustee or receiver to take possession of substantially all of the Tenant's assets located at the Premises or of Tenant's interest in this Lease,where possession is not restored to Tenant within sixty (60) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's inteiest in this Lease,where such seizwe is not discharged within sixty(60)days 29. Remedies: If Tenant commits a default, Landlord shall have the following alternative remedies, which are in addition to any remedies now or later allowed by law (a) Maintain Lease in Force. Maintain this Lease in full force and effect and recover the rent and other monetary charges as they become due, without terminating Tenant's right to possession, irrespective of whether Tenant shall have abandoned the Ptemrses If Landlord elects to not terminate the Lease, Landlord shall have the right to attempt to re-let the Premises at such rent and upon such conditions and for such a term, and to do all acts necessary to maintain or preserve the Premises as Landlord deems reasonable and necessary without being deemed to have elected to terminate the Lease including removal of all persons and property from the Premises. such pioperty may be temoved and stored in a public warehouse of elsewhere at the cost of and for the account of Tenant In the event any such re-letting occurs, this Lease shall teimmate automatically upon the new Tenant taking possession of the Pi causes Notwithstanding that Landlord fails to elect to terminate the Lease initially, Landlord at any time during the term of this Lease may elect to terminate this Lease by virtue of such previous default of Tenant (b) Terminate Lease. Terminate Tenant's right to possession by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord In such event Landlord shall be entitled to recover frorn 'tenant all damages incurred by Landlord by reason of Tenant's default including without himvtatron thereto, the following (i) The worth at the time of award of any unpaid Rent which had been earned at the time of such teuninatmon, plus(it)the worth at the time of award of the amount by which the unpaid Rent which would have been earned after teiimnation until the time of award exceeds the amount of such rental loss that'renant proves could have been reasonably avoided, plus (in) the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved could be t easonably avoided,plus (iv)any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the oidmary course of things would be likely to result therefrom, including without limitation, any costs or expenses incurred by Landlord in(A) retaking possession of the Premises including reasonable attorney fees therefor, (B) maintaining or preserving the Premises after such default, (C)preparing the Premises for teletting to a new tenant, including repairs or necessary Page 6 of 13114 hsi a alterations to the Premises for such reletting,(D)leasing commissions, and(E)any other costs necessary or appropriate to relet the Premises, plus (v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law Upon any such re-entry Landlord shall have the right to make any seasonable repairs, alterations or modifications to the Premises, which Landloid in its sole discretion deems reasonable and necessary As used in Subsection 29(b)(i)the"worth at the time of award" is computed by allow tng mtei est at the late of twelve percent(121/0)per year from the date of default As used in Subsections 29(b)(u) and (in)the "worth at the time of award" is computed by discounting such amounts at the discount rate of twelve(12%)per year 30. Deliveries to Premises and Trash: All deliveries of merchandise, supplies and materials to the Premises and removal of trash, garbage and other waste shall be made at such hours and in accordance with such rules as Landloid shall prescribe for the pioject In event Landlord's rules so piescribe, Tenant shall piovide adequate coveted metal receptacles for trash, garbage and other waste, located at Landlord's direction, and shall not be visible to members of the public Tenant shall not permit an accumulation of boxes,waste or other refuse matter 31. Surrender on Termination: (a) On the expiration or sooner termination of this Lease, Tenant shall deliver all keys to Landlord, have final utility readings completed showing paid for by the date of move out, and surrender and vacate the Premises in good condition, clean and flee of debris inside and out, with all mechanical, electrical and plumbing systems in good operating condition, all signage removed and any damage to the Piermses resulting from removal of signage properly repaired to Landlord's reasonable satisfaction and all repairs called for undei the Lease completed The Premises shall be delivered in the same of better condition as at the commencement of the term, subject only to ordinary wear and tear Tenant acknowledges that Tenant will be chaiged for the cleaning of carpet, blinds, and any excess dirt, debtis, and or rubbish caused by the nature of Tenant's business and such will not be considered ordinary wear and tear These cleaning charges are not included in the Non-Refundable Cleaning Fee Should Tenant paint walls a diffeient color or walls become excessively stained or dirty, Tenant will be held responsible at Tenant's sole expense. for patching and priming walls poor to move-out Tenant fiuther agrees to remove all of its furnishings and trade fixtures that remain its property and properly repair all damage resulting from such iemoval to Landloid's reasonable satisfaction Failure to remove said pioperty shall be abandonment of same and Landlord may dispose of it in any manner without liability Any trade fixtures left in the Premises after the expiration or sooner tei mination of this Lease shall be considered as abandoned by the Tenant and shall become and remain property of Landlord (b) If Tenant fails to vacate the Premises upon the expiration or sooner termination of this Lease, then Landlord may elect eithei (i)to treat Tenant as a tenant from month-to-month, subject to all provisions for term and for base rent which shall be equal to 150% of the last monthly base rental plus all other charges,taxes and expenses to be paid to Landlord as specified herein, or(it)to eject Tenant from the Premises and recover damaged caused by wrongful holdover. 32. Subordination of Lease: Tenant agrees that it will, at any time upon request from Landlord, execute a subordination agreement in recordable form, subordinating this Lease to any mortgage or mortgages, deed or deeds of trust, or other encumbrance on the Premises which may be executed by the Landlord 33. Building Planning: In the event Landlord requires the Premises for use in conjunction with another suite or for other reasons connected wrtli the Project planning program, upon notifying Tenant in writing, Landlord shall have the right to move Tenant to other space in the Project, at Landlord's sole cost and expense, and the teims and conditions of the original Lease shall remain in full force and effect, save and excepting that an"Exhibit" reflecting the location of the new space shall become part of the Lease and Page 1 of this Lease shall be amended to include and state all correct data as to the new space However, if the new space does not meet with Tenant's appioval, Tenant shall have the right to cancel this Lease upon giving Landlord thirty (30) days notice within ten (10) days of receipt of Landlord's notification if Tenant cancels this Lease pursuant to this Section 33,Tenant shall vacate the Building and the Premises within thirty(30) days of its delivery to Landlord of the nonce of cancellation 34. Notice to Vacate: Tenant shall provide to Landlord a written notice of intent to vacate Premises Said notice is to be received by Landloid not less than ninety(90)days prior to the expiration of the lease term If said intent is to vacate the Premises after the expiration of the lease term, Tenant shall notify Landlord not less than 30(thuty) days prior to the end of the calendar month 35. Hold-Over: If the Tenant shall, with the written consent of Landlord, hold over after expiration of the term of the Lease, or extension hereof, such tenancy shall be for an indefinite period of time on a month-to-month tenancy, which tenancy may be terminated as piovided by the laws of the State of Washington During such tenancy, Tenant agrees to pay to the Landlord Page 7 of 13 C holdover rate as set forth in Paragraph 31(b),unless a different rate is agreed upon, and to be bound by all the terms,covenants, and conditions herein specified,as far as applicable 36. Heirs and Successors: Subject to the provisions herein pertaining to assignment and sub-letting, the covenants and agreements to this Lease shall be binding upon the heirs, legal representative, successor s and assigns of any or all of the parties hereto. 37. Notices: All notices to this Lease provided to be given by either party hereto shall be deemed to have been given, when made in writing and deposited in the United States mail,certified and postage prepaid and addressed as follows. TO LANDLORD: Plemmons Industries, Inc. P O Box 1068 Kent, WA 98035 TO TENANT: City of Kent Attn Steve Mullen 220 Fourth Avenue South Kent, WA 98032 The address to which any notice, demand or other writing may be given, made or sent to either party may be changed by written notice given by such party as above provided 38. Fees; Deposits: if Tenant vacates the Premises or defaults before the end of lease term,the last one month's rent shall be forfeited This does not alleviate Tenant's monthly responsibility to the monthly rent If Tenant faithfully performs in accordance with the terms of this Lease, the rent on deposit will be applied to the last one month's tent, providing notice of termination is given in the timely manner set forth within Tenant hereby agrees to pay a one-tune $l20 00 (One hundred Twenty and No/100 Dollars)non-refundable cleaning fee upon the initial rental of each unit. This fee is not reassessed on renewals This fee excludes the cost of cleaning the carpet and blinds and servicing the HVAC unit(if any) This fee has been waived for the City of Kent Tenant's using a dumpster understands that the dumpster or cans must be kept inside the Premises.Before the Security Deposit is refunded,proof must be shown to the Landlord that all garbage fees have been paid in full 39. Severability: If any provision of the Lease is held to be invalid, unenforceable or illegal, the remaining provisions shall not be affected and will be enforced to the fullest extent permitted by law 40. Attorney's Fees: If either party shall bi mg any action for relief against the other party,declaratory or otherwise,arising out of this Lease, including any action by Landlord for the recovery of rent of possession of the Premises, any trial, any appeal, or any post judgment pioceedings, or if either party engages an attorney to repiesent it in connection with the bankruptcy or reorganization of the other party, then the losing party shall pay the successful party a reasonable sum for attorney's fees which shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted ? tojudgment 41.Time of Essence: Time is of the essence in this Lease and of every provision hereof 42. Right to Change Name of Building: Landlord reserves the right to change the name or street address of the building without notice or liability of Landlord to Tenant. 43. Rider: Tenant and Landlord hereby agree that no paint spraying, auto body, or auto repair, personal or otherwise, is to be i conducted on the Premises 44. Environmental: The tern "Environmental Law" shall mean any federal, state or local statute, regulation or ordinance or any judicial or other governmental order pertaining to the protection of health, safety or the environment The term "Hazardous Substance" shall mean any hazardous, toxic, infectious of radioactive substance, waste and material as defined or listed by any Environmental Law and shall include,without limitation, petroleum oil and its fractions ,--�, Li Page 8 of 13 (a)Use of Hazardous Substances. Tenant shall not cause or permit any Hazardous Substance to be spilled, leaked, disposed of or otherwise ieleased on of under the Piemises Tenant may use and sell on the Premises only those Hazardous Substances typically used and sold in the prudent and safe operation of the business permitted by Paragraph 7 of this Lease Tenant may store such Hazardous Substances on the Premises, but only in quantities necessary to satisfy Tenant's reasonably anticipated needs Tenant shall comply with all Environmental Laws and exercise the highest degree of care in the use, handling and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used,handled or stored on the Premises (b) Notices. Tenant shall immediately notify Landlord upon becoming aware of the following: (i) any spill, leak, disposal or other release of a Hazardous Substance on, under or adjacent to the Premises, (n) any notice or communication from a governmental agency or any other person relating to any Hazardous Substance on, under or adjacent to the Premises, (in) any violation of any Environmental Law with respect to the Premises or Tenant's activities on or in connection with the Premises. (c) Tenants financial responsibility. Tenant and Landlord hereby agree that the Tenant will assume all financial responsibility for damage, repair and pollution clean up due to any hazardous waste or chemical spillage This includes damage to the building's cement slab floor and the building structures, walls,plumbing, electrical wiring and adjoining offices This also includes pollution clean up in the parking lot from the front of the building extending out 50 (fifty) feet north and south Pollution cleanup area also includes ground dirt under Plemmons Industrial Park building extending out 50(fifty)feet (d) Spills and Releases. In the event of a spill, leak, disposal or other release of a Hazardous Substance on or under the Premises caused by Tenant m any of its contractors, agents of employees or invitees, or the suspicion or threat of the same, Tenant shall (i) immediately undertake all emergency response necessary to contain, cleanup and remove the released Hazardous Substance. (u) promptly undertake all investigatory, remedial, removal and other response action necessary or appropriate to ensure that any hazardous Substances contamination is eliminated to Landlord's reasonable satisfaction, and (in) provide Landlord copies of all correspondence with any governmental agency regarding the release (oi threatened or suspected release) of the response action, a detailed report documenting all such iesponse action, and a certification that any contamination has been eliminated All such response action shall be performed, all suchieports shall be prepared and all such certifications shall be made by an environmental consultant reasonably acceptable to Landlord (e) Condition Upon Termination. Upon expiration of this Lease or sooner termination of this Lease for any reason, Tenant shall remove all Hazardous Substances and facilities used for the storage or handling of Hazardous Substances fiom the Premises and restore the affected areas by repairing any damage caused by the installation or removal of the facilities. Following such removal, Tenant shall certify in writing to Landlord that all such removal is complete (f) indemnity by Tenant. Tenant shall defend, indemnify and hold Landlord harmless from and against any and all damages,charges, cleanup costs,remedial actions,costs and expenses,which may be imposed on,incuricd or paid by, or asserted against Landlord,the Premises or the Project by ieason of, or in connection with(i) any misiepiesentation, breach of warranty or other default by Tenant under this Lease,or(n)the acts or omissions of Tenant, or any of its contractors, agents or employees or invitees, or any subtenant or other person for whom Tenant would otherwise be liable, resulting in the release of any Hazardous Substance on the Premises or the Project The provisions of this Section 44 shall survive the expiation or sooner termination of this Lease 45.The following Addendums are hereby incorporated and made part of this lease agreement: "A" and "B". 46.The following Exhibit is hereby incorporated and made part of this Lease agreement "A" lfi=d@.rl l.a�>w Page 9 of 13 1 47. All rents are calculated based on a per unit cost and not per square foot cost (All warehouse square footages are estimated). EXECUTED THIS DAY OF -Zj ,20 zz_ LANDLORD: PLEMMONS INDUSTRIES,INC. ATTEST: 64er�esa P tchens, Property Manager t EXECUTED THIS DAY OF ,20 TENANT: CITY OF KENT BY: C7!rl Mayor Page 10 of 13 ADDENDUM"A" IMPORTANT INFORMATION FOR PLEMMONS INDUSTRIAL PARK WAREHOUSE TENANTS PHONE NUMBER FOR UTILITIES AND SERVICES: Puget Sound Energy 1-888-225-5773 Post Office(Kent-Main,to set up delivery) 253-520-7576 Allied Waste Garbage Service 206-652-8832 Qwest 1-800-603-6000 UTILITIES/SERVICES- The Landlord will have meter read as close to day of possession as possible. The Landlord will allow three(3) business days before instructing the electrical company to discontinue service It is the responsibility of the Tenant to contact the above utilities/services and put these services into their name poor to or on the first day of occupancy The Gas and Electric Utility Services are provided by Puget Sound Energy. Tenant hereby understands that Tenant will be fully responsible for any charges incurred during the lease term for services provided by said Puget Sound Energy Company SIGNAGE: All window signage must be in uniform WHITE lettering. The suite door signage must be in the uniform lettering also. Signage is a Tenant cost Auburn Sign Company is familiar with our requirement, please call 854-2333. Wood warehouse front signs aie allowed (SEE EXHIBIT "A", SIGN CRITERIA), and can be purchased from Auburn Sign. No advertising or bulletins are allowed on the doors or windows KEYS/LOCKS: Re-keying of any office/unit door is not permitted without the prior consent of the Landlord Plemmons Industries, Inc will not release a key nor allow entry to any Tenant's unit to any person(s), except Tenant, without the prior written consent of the Tenant Such consent memo must include full name of person and reason for key release Person receiving key must have verifiable identification NO EXCEPTIONS1 Call the Property Manager foi more infoimatron RENT PAYMENT: Rent is due on or before the first of each month NO NOTICE OR INVOICE WILL BE SENT It is the Tenant's responsibility to marl the rent payment or deliver it to the main office during business hours Monday-Friday 8 00 a m -5 00 p m WATER METERS: If your unit does not have a water meter, one will be installed The installation will require interrupting your water service and lavatory facilities for a short period of time Notice will be given 24 hours prior to installation Access to the unit for the sole purpose of reading the meter is hereby considered authorized by the Tenant Prioi to installation of a water meter, report any water leaks or running toilets immediately. Tenants will be responsible for and billed for excessive usage caused by a leak WATER/SEWER/STORM DRAINAGE BILLING: Water meters will be read at time of occupancy or installation, and on the 1st of the month with billing notices to follow by the 15°i An access charge will be added to each billing in the amount of$2.00 (Two Dollars)which is subject to change A monthly City of Kent Strom Drainage Fee of$14 18 will be charged per unit(this is subject to change with a City of Kent rate change) The water/sewer and storm drainage bill is due and payable with the next months rent& CAM payment on the first of the month Water/sewer and storm diamage bills not paid by the I0th of the month will incur a $25.00 (Twenty Five Dollars) late fee. There is no grace period If a water meter is not installed in your unit,you will be billed a pro iata share of the remaining water bill from the City of Kent MAINTENANCE Please refer to paragraphs 16, 17, 18 & 19 of your lease. These paragraphs explain in detail the responsibility of both Landlord and Tenant in regards to repairs and maintenance If you have a problem and feel it is our responsibility, please call (253) 854-2600 and report it We will attend to it in a timely manner and emergency needs will be seen to as soon as possible If you are a new Tenant and have occupied your unit for 30 days or less and experience a problem, call us. It could be something we mussed during our inspection and/oi something we believe we should fix for you Please feel free to call us if you have any questions k OT6^m Page 11 of13f a l�_ REBILLED MAINTENANCE COSTS: The Tenant shall at it's own expense maintain the interior of the Premises at all times, as well as all doors, windows and glass If the Tenant fads to maintain the Premises or to make such repairs, the Tenant hereby agrees that the Landlord's maintenance staff shall make such repairs and bill the Tenant at the hourly rate of$30 00 (Thirty Dollars)plus the cost of materials If an outside contractor of vendor is used, it will be charged back to the Tenant at their cost GARBAGE: Remember that the Qarbaze cans dumpsters recycling containers and other trade related containers must be kept inside your warehouse. They may be put out on pick-up day only. DELIVERIES: Landlord accepts no responsibility for and is to be held harmless for any packages,materials,etc., delivered to the corporate offices by couriers or any delivery service for the Tenants. MAIL/MAIL BOXES: The mailboxes are located at the front of the complex, next to 1609 Building All tenants will be charged a$10 00 (Ten Dollars and no/100ths)postal key fee If keys ai e returned upon move out the fee will be refunded Contact the Main Post Office located at 10612 SE 240th in Kent regarding mail delivery and your mailbox Their phone number is(253) 852-3950. PARKING/STORAGE: Do not park in front of any unit(s) other than your own Center area parking is common parking for Tenants and customers only. Storage of any vehicle or trailer is not permitted Any vehicle left for over night with out the written consent of the Landlord will be subject to towing at the owner's expense ALARM SYSTEM: If you wish to install a alarm system. the Landlord does not object However, you need to secure written permission from the Landlord When ascertaining permission for your alarm system, you must provide the Landlord with the pass code, name, address, and phone number of alarm service provider and an emergency number to call in case of accidental activation of the system or an emergency WAREHOUSE FLOORS: Painting of warehouse floois is strictly prohibited. Call the Property Manager at(253)854-2600 if you have any needs or questions. Landlord: Plemmons Indust ies,Inc. 74- resa I lutch -Property Manager Date t Tenant: CITY OF NT SUZET CO K ,MAYOR Date Page 12 of 13 EXHIBIT"A" SIGN CRITERIA � # Northwest Tape & Aud 'iio10 dIo R6 RECEIVING I 12•X48' SHIPPING 16 UP FROM DOOR & WINDOW O • All signs must be 3' X 6' and centered 16"up from door and windows(as per above sample) • All signs must have radius corners, the body of the sign must be painted in Rodda Paint Company's CP13 Pigeon #532001 with the edge trimmed in the Rodda Teal color 9KT2496J 1791 Any "shipping" or "receiving"signs will be in the Pigeon color base with Tcal letters • Use of any color of letters identifying your business name is acceptable and logos are also acceptable Advertising of any kind,however, is not acceptable Phone numbers ale not acceptable. • Only one sign per Tenant will be allowed. • All signs must be approved by the Landlord prior to installation. It is advised to have the drawing approved, prior to fabrication In lieu of 3' x 6' sign above door,Tenant may install the following: • White vinyl lettering of business name may be applied to window. Letters shall not exceed 3" in height and must be center ed on window, 16" down from top portion of window lf11A`�i�TM1y� Page 13 of 13 ADDENDUM "B" RENTSCHEDULE Tenant covenants and agrees to pay Landlord a minimum Monthly Rental and Common Area Maintenance Charge for the Premises according to the following schedule- Monthly Rental Rate: June 1,2012 through May 31,2013 $1900 00(One Thousand Nine Hundred Dollars and 00/100) June 1, 20t3 through May 31,2014$1900.00 (One Thousand Nine Hundred Dollars and 00/100) June 1, 2014 through May 31,2015 $1995.00(One Thousand Nine Hundred Ninety Five Dollars and 00/100) Rent Common Area Maintenance Charge: June 1,2012 through May 31,2013 $250.00(Two Hundred Fifty Dollars and 00/100) June 1,2013 through May 31,2014 $250.00(Two Hundred Fifty Dollars and 00/100) June 1,2014 through May 31,2015 $300 00 (Three Hundred Dollars and 00/100) Landlord: Plemmons Industries, Inc. Date: e•esa P Hu ens, Property Manager Tenant: CITY OF KENT Date. S ettc e Mayor ACKNOWLEDGEMENT (Individual) STATE OF WASHINGTON, County of KING }ss. I, lam �'��G<5 , Notary Public in and for the State of Washington, residing at 4014 � � , do hereby certify that on this ?—i day of pers no ally appear b fore me to me known to be the indy*yidual_described in and who ex euted the within instrument and acknowledged that �X signed the same as "46�-0' free and voluntary act and deed for the uses and purposes herein mentioned. Given Under My Hand and Official Seal this ZI day of ` 20 /Z Notary Nbeic in and for the st ashington _" �"•� y My appointment expires: i _S to ACKNOWLEDGEMENT (Corporate) STATE OF County of 1ss. I certify that I know or have satisfactory evidence that a t"u is the person who appeared before me, and said person acknowledged that ` signed this instrument, fon oath stated that L was authorized to execute the instrument and acknowledged it as the l,L,,- 6? of I �r✓t:2wt tn�� C.��e- ��, —i�� to be the free and voluntary Y act of such party for the uses and purposes mentioned in the instrument. �TVikr I**and and Official Seal this q�"day of tv° NOTARY - rotary Public in add for the State of �:. PUBLIC 2 = My appointment expires. • o � op .acoRo® CERTIFICATE OF LIABILITY INSURANCE DATE(MNIDD/1^YYY) 5/16/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER CONTACT NAME Alliant Insurance Services, Inc PHONE ac No 4- 720 Olive Way, Suite 1700 EMAIL 9205 Seattle WA 98101 ADDRESS I f n INSURER IS)AFFORDING COVERAGE HAIC N INSURER Princeton INSURED KE583802 INSURER B City of Kent INSURER C 220 Fourth Avenue South INSURER D Kent WA 98032-5895 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:1470354559 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDLSUBR POUCYEFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MNVDD1YYYY1 IMINDDNYYY) UNITS A GENERAL LIABILITY Y 1-A3-RL-0000069-01 111r2012 11112013 EACH OCCURRENCE $5,000,000 TI X COMMERCIAL GENERAL LIABILITY DAMAGES( RENTED PREMISES Eaoccurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONALBADV INJURY $ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ POUCV PRO- LOC $ A AUTOMOBILE LIABILITY Y N1-A3-RL-0000069-01 11112012 11/2013 Ea a=dent ,000 000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per amdent) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE E AUTOS Per accident E UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- ANDEMPLOYERS'UABIUTY YIN ANY PROPRIETORIPARTNER/EXECUTIVE❑ N/A E L EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) EL DISEASE-EA EMPLOYE $ If yes describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,d more space Is required) RE Lease of Warehouse space CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Plemmons Industries, Inc ACCORDANCE WITH THE POLICY PROVISIONS P O Box 1068 Kent WA 98035 1068 AUTHORIZED REPRESEULATIVE ©1988-2010 ACORD CORPORATION All rights reserved. ACORD 25(201BIOS) The ACORD name and logo are registered marks of ACORD THE PRINCETON EXCESS AND SURPLUS LINES INSURANCE COMPANY AMENDMENT OF DEFINITION OF INSURED Date Issued 03/07/12 Named Insured Endorsement Number Washington Public Entity Group WAPEG Policy Number Endorsement Effective N1-A3-RL-0000069-01 01/01/12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above The following is added to the definition of Insured in the Liability Conditions, Definitions and Exclusions section of the policy g With respect to Bodily Injury and/or Property Damage under the General Liability Coverage Part, any person or organization with whom you have agreed in a written contract or written agreement to assume the Tort Liability for a specified activity or operation is an Insured with regards to such specified activity or operation However, this insurance only applies with respect to liability for Bodily Injury or Property Damage caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf The following provisions also apply (1)The written contract or written agreement must be in effect at the inception of the Policy Period or become effective during the Policy Period, and (2)The written contract or written agreement must be executed prior to the Bodily Injury or Property Damage Subject to the paragraphs above, any such person's or organization's status as an Insured ends when any of the following first occurs this policy terminates, the written contract or written agreement terminates, or the specified activity or operation terminates Tort Liability means liability that would be imposed by law in the absence of any contract or agreement All other terms and conditions remain unchanged Includes copyrighted material of the Insurance Services Office, Inc.with its permission RL 2100 06/07 Page 1 of 1 REQUEST FOR MAYOR'S SIGNATURE 7�, NT Please Fill in All Applicable Boxes W>SMINGTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator JOh O Phone (Originator) ,55Z EE" Date Sent L5_ a Date Required Return Signed Document to: CONTRACT TERMINATION DATE: 5- VENDOR NAME: bdlWe DATE OF COUNCIL APPROVAL• ! \ 1 Brief Explanation of Document N� �Q�re P��©r- � C®?�f���� - W ah t e lzGt hz-n. oj- 3 All Contracts Must Be Routed Through the Law Department (This Area to be Completed 8y the Law Department) Received ,r,,,� 01 t1he Mayor MAY � Approval of Law Dept.- Law Dept. Comments ( �• �" , 1. I Date Forwarded to Mayor: Shaded Areas to Be Completed by Administration Staff Received- Recommendations & Comments: Disposition: ..r�� i ; J ! Date Returned. MAY 2 1 2012 CItYCLERK agesti,- • iros PLEMMONS INDUSTRIES, INC. TELEPHONE (253) 854-2600 • FACSIMILE(253) 852-7368 INDUSTRIES PO BOX 1068 . 1311 CENTRAL AVENUE SOUTH, SUITE 201 • KENT, WASHINGTON 98035-1068 May 9, 2012 copy Mayor Cooke, Attached is the lease dated March 28, 2012 for your signing This lease is for the property being leased by the City of Kent located at 1621 Central Avenue South in Kent,WA This document has all changes that were requested and approved No other changes should be made to this document Please initial all pages indicated, sign and date pages 10, 12, Addendum B and have document notarized We appreciate your tenancy with us and look forward to continuing this relationship into the future Sincerely, ?r, ane Commercial Property Manager Plemmons Industries, Inc