HomeMy WebLinkAboutL15-058 - Original - Kent Lion's Club - 715 W Meeker - 06/01/2014 v a
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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: ar L I LVI j ( ,010
Vendor Number: s `L .W)
JD Edwards Number
Contract Number: _f _ '`
This is assigned by City Clerk's Office
Project Name: 1VV (cell-E
Description: ❑'Interlocal Agreement El Change Order ❑ Amendment El Contract
p'�Other: C ( ' & frytiY'
Contract Effective Date: .y } ; ,ot—,,J Termination Date,
P
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: P� . A,,K .t- Department: ;'GAF` F=acd u h r
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Contract Amount:
Approval Authority: ❑ Department Director DOiayor ❑City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
adccW10877 8 14
® CITY CLERK
KF 14 T CITY OF KENT
W A S H I N G T O N 220 4'h Avenue south
Kent, WA 98032
Fax: 253-856-6725
PHONE: 253-856-5725
Lease Agreement Cover Sheet
This document is to he used in lieu of the Contract Cover Sheet
SECTION 1 - CONTRACT PROCESSING AND TENANT SET-UP:
Contract Number: (to be completed by Clerk's Office)
1. Responsible Department/Division: Parks/Facilities
2. Contact Person and Title: Alex Ackley
Telephone Extension: 5081
3. Tenant (Customer) Name: Kent Lions Club
4. Tenant (Customer) Number: 133257
S. General Ledger Account Number: 54006900,56290.5945
6. King County Tax Parcel Number: 242220490904
7. Address of Parcel: 715 W. Meeker, Kent, 98032
8. Type of Lease: Lease Agreement
9. Council Authorization Date: 05/06/2014
10. Mayor Signature Date:
1
SECTION 2 - LEASE DURATION AND IMPORTANT DATES:
11. Lease Start Date: 06/01/2014
12. Tenant Lease Option Renewal Notification Due Date: N/A
13, Lease Termination Date: 05/31/2019
14. Lease Duration: 5 years
SECTION 3 - RENT DETERMINATION AND DUE DATE:
15. Rent: $1,000/month for first 2 years, $1,050/month for remaining 3 years
16. Rent Due Date: 1st 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: PKLtALeLq -OWNeb lZeAL,refteN LeHnKUc-, oiiz(Iq qatp1S�
19. Are leasehold excise taxes for this tenant centrally assessed, i.e.
directly collected from the tenant by the Washington State Department
of Revenue?
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❑ YES (attach written verification received directly from DOR or indirectly
through the tenant, e.g. DOR notification letter)
❑ NO (go to Question 20)
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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: City of Kent Acct #620-01347
® Sewer: City of Kent Acct #620-01347
® Drainage: City of Kent Acct #620-01347
® Garbage: Allied Wast
® Electricity/Natural Gas: Puget Sound Energy. Mutually agreed
upon prorated share of electricity expenses ($55 per month) based
on the percentage of square feet for the storage building and office
space.
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 due 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:
Lease Agreement Cover Sheet—Page 2 of 3
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Special lease considerations, e.g. non-monetary rent, etc Prime Lease Agreement
executed with property owner (Charlie and Shirley Perkins) for the period of April 1,
2014 through March 31, 2019.
® None (check box if no considerations)
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Lease Agreement Cover Sheet—Page 3 of 3
SUBLEASE AGREEMENT
THIS SUBLEASE is entered into between THE CITY OF KENT ("Sublessor"), whose
mailing address is 220 Fourth Avenue South, Kent, Washington, and KENT LIONS CLUB, a
community service organization ("Sublessee"), whose mailing address is PO Box 5094, Kent,
Washington 98032.
1. PRIME LEASE
The Sublessor is a tenant under that certain Lease (the "Prime Lease"), dated June 3,
2014, between Charlie and Shirley Perkins ("Landlord") and Sublessor, for property located at
715 W. Smith, Kent, Washington (the "Premises").
This Sublease is subject and subordinate to the Prime Lease, a copy of which is
attached and incorporated as Exhibit "A." All terms, covenants, and conditions In the
Prime Lease will be applicable to this Sublease with the same force and effect as if
Sublessor were the Landlord and Sublessee were the Tenant under the Prime Lease, unless
inconsistent with the terms of this Sublease, in which case, the Sublease will govern. In
case of any breach by either party to this Sublease, the other party will have any rights
available under the Prime Lease. Sublessee represents that it has read and is familiar with
the terms of this Sublease and the Prime Lease. Landlord has consented to this Sublease in
writing, pursuant to Section 17 of the Prime Lease, a copy of which is attached and
incorporated as Exhibit "B."
2. SUBLEASE PREMISES
The Sublessor hereby sublets to Sublessee the following portion of the Premises: (1)
Approximately 1312 square feet of storage space in the small separate building on the
property; (2) Space for a 29' storage trailer and a small (approximately 150 square
feel)
portable building outside the fenced area to the north of the buildings; (3) Approximately
843 square feet of office space on the second floor of the building used by Sublessor (the
"Sublease Premises"); (4) Space for a 26' float trailer, two (2) - 16' cargo trailers and one
(1) - 20' flatbed trailer inside the fenced area.
3. USE
The Premises shall be used only for storage, trailer parking, and office purposes of
Sublessee only, and for no other business or purpose without the prior written consent of
Sublessor. No act shall be done on or around the Sublease Premises that is unlawful or that
will increase the existing rate of insurance on the Sublease Premises. Sublessee shall not
commit or allow to be committed any waste upon the Sublease Premises, or any public or
private nuisance.
4. TERM
The Term of this Sublease shall commence on June 1, 2014 (the "Commencement
Date'), and shall continue for a period of five (5) years. The Term can only be extended by
written agreement between the parties. Prior to the end of the Term, Sublessor may
terminate this Sublease by giving Sublessee fifteen (15) calendar days' prior written notice. .
5. RENT
SUBLEASE AGREEMENT - Page 1
(between the City of Kent and Kent Lions Club)
For years one and two of the Term of this Sublease, Sublessee shall pay Sublessor the
amount of One Thousand and No/100 Dollars ($1,000.00) per month, and for years three,
four, and five of this Sublease, Sublessee shall pay Sublessor the amount of One Thousand
Fifty and No/100 Dollars ($1,050.00) Per month, on or before the first day of each month
during the Sublease Term, and any other additional payments due to Subblessomonthectively the
the "Rent") when required under this Sublease. Payments for any partial
beginning or end of the Sublease Term shall be prorated.
6. SECURITY DEPOSIT
No security deposit is required of Sublessee under this Sublease.
7. TAXES
Section 6 of the Prime Lease will apply to this Sublease only to the extent that
Sublessee will be responsible for taxes on any form of personal property tax or assessment as
described in that section, applicable solely to Sublesse's personal property, fixtures, furniture,
equipment, inventory or other items kept by Sublessee on the Sublease Premises.
S. RE-DELIVERY
Sublessee, at the expiration of the Term, any extension of the Term, or upon any
sooner termination of this Sublease, will, without notice, quit and deliver up the Sublease
Premises to the Sublessor peaceably, quietly, and in as good order and condition as the same
now are, reasonable use and wear excepted.
9. ACCESS AND RIGHT OF ENTRY
Section 10 of the Prime Lease will apply to this Sublease, but will include a right of
entry for both the Sublessor and Landlord.
10. DESTRUCTION OR CONDEMNATION
Section 12 of the Prime Lease will apply to this Sublease, except that Landlord will
remain responsible for all Landlord obligations under that section.
11. UTILITIES
In addition to monthly rent, Sublessee will pay a monthly prorated share of Sublessor's
electricity expenses of Fifty-Five and No/100 Dollars
l$ 10 permonth. The amount is
for the storage
based on the percentage of square feet (approximately 255square
office
PrimefLease.Sublease
Payment slses duelon therelation
first o the to
buidngnd tal
square
each month, for the
duration of the Sublease.
12. 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. This policy shall name both
Sublessor and Landlord as additional insureds. This policy shall insure Tenant's
activities and those of Tenant's employees, officers, contractors, licensees,
SUBLEASE AGREEMENT - Page 2
(between the City of Kent and Kent Lions Club)
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agents, servants, employees, guests, Invitees, or visitors with
orebodllt o the
Premises against loss, damage, or liability for personal injury y 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, Sublessee shall pay for and
maintain special form property insurance for the Premises, in an amount not
less than the full replacement cost of that portion of the Premises subleased by
Sublessee under this Sublease, with a deductible of not more than $10,000.
The property insurance policy shall name Sublessee as the insured and
Sublessor and Landlord as additional insureds, with loss payable to Landlord,
Landlord's lender(s), and Tenant as their interests mayinsuranceproceedsr. ntheventunder
a casualty loss on the Premises, Landlord may apply '
the property insurance policy in the manner described in Section 12(a) of the
Prime Lease.
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)
calendar days' prior written notice to Sublessor. At Sublessor's option,
Sublessee shall deliver to Sublessor upon commencement of the Sublease and
from time to time thereafter, copies of the insurance policies or certificates of
insurance and copies of endorsements required by this Section, In no event
shall the limit of such policies be considered as limiting the liability of Sublessee
under this Lease.
d. Waiver of Subrogation. Sublessee and Sublessor 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.
13. INDEMNIFICATION/HOLD HARMLESS
Sublessee shall defend, indemnify, and hold Sublessor 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
Sublessee or Sublessee's officers, contractors, licensees, sub-tenants, agents, servants,
employees, guests, invitees, or visitors on or around the Sublease Premises, or arising from
any breach of this Sublease by Sublessee. Sublessee shall use legal counsel acceptable to
Sublessor in defense of any action within Sublessee's defense obligation. Sublessor shall
defend, indemnify, and hold Sublessee 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 Sublessor or
Sublessor's officers, contractors, licensees, agents, servants, employees, guests invitees, or
SUBLEASE AGREEMENT - Page 3
(between the City of Kent and Kent Lions Club)
visitors on or around the Sublease Premises, or arising from any breach of this Sublease by
Sublessor. Sublessor shall use legal counsel acceptable to Sublessee in defense of any action
within Sublessor's defense obligation. The provisions of this Section shall survive expiration or
termination of this Sublease.
14. ASSIGNMENT
Section 17 of the Prime Lease will apply to Sublessee except that Sublessee will be
required to get the written consent or any applicable approvals from both the Sublessor and
Landlord.
15. NOTICES
All notices to be given by the parties hereto shall be in writing and effective (i) when
delivered in person, or (ii) three (3) days after being sent by United States registered or
certified mail, postage prepaid, to Sublessor or Sublessee at the below-listed addresses or a
later changed address provided in writing:
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SUBLESSOR:
City of Kent
Attn: Facilities Management Superintendant
220 Fourth Avenue S
Kent, Washington 98032
(253) 856-5700
SUBLESSEE:
Kent Lions Club
Attn: Mark Taylor, Treasurer
PO Box 5094
Kent, WA 98064
(253) 852-5466
16. NON-WAIVER
The failure of Sublessor to insist upon strict performance of any of the covenants and
agreements of this Sublease, 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 Sublease, or any other covenant or agreements, but the same shall be and
remain in full force and effect. The acceptance by Sublessor of Rent or other amounts due by
Sublessee hereunder shall not be deemed to be a waiver of any breach by Sublessee preceding
such acceptance.
17. COSTS AND ATTORNEYS FEES
If by reason of any default on the part of Sublessee it becomes necessary for Sublessor
to use an attorney, or if Sublessee shall bring any action for any relief against Sublessor,
declaratory or otherwise, arising out of this Sublease, each party shall pay its own legal casts
and attorney fees, including costs and fees for any appeals,
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18. HEIRS AND SUCCESSORS
SUBLEASE AGREEMENT - Page 4
(between the City of Kent and Kent Lions Club)
III
Subject to the assignment and subletting provisions, the covenants and agreements of
this Sublease shall bind the heirs, executors, administrators, legal representatives, successors,
and assigns of any or all of the parties.
19. HOLDOVER
If Sublessee shall, without the written consent of Sublessor, holdover after the
expiration or termination of this Sublease, 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 Sublease.
20. OUIET ENJOYMENT
So long as Sublessee pays the Rent and performs all of its obligations in this Sublease,
Sublessee's possession of the Sublease Premises will not be disturbed by Sublessor or any
claiming by, through, or under Sublessor, or by the holders of any mortgage of Sublessor, or
any successor thereto.
21. GENERAL
a. Entire Agreement. This Sublease contains all of the covenants and
agreements between Sublessor and Sublessee relating to the Sublease
Premises. No prior or contemporaneous agreements or understanding
pertaining to the Sublease shall be valid or of any force or effect and the
covenants and agreements of this Sublease shall not be altered, modified or
added to except in writing signed by Sublessor and Sublessee.
b. Severability. Any provision of this Sublease which shall prove to be invalid,
void or illegal shall in no way affect, impair or invalidate any other provision of
this Sublease.
C. Force Majeure. Time periods for either party's performance under any
provisions of this Sublease (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 Sublease shall be governed by and construed in
accordance with the laws of the State of Washington.
e. Authority of Parties. Any individual signing this Sublease 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 Sublease shall be binding
upon and enforceable against the party on behalf of whom such individual is
signing.
f. Effective Date: This Sublease shall enter into full force and effect upon the
last date signed below, though the term for which this Sublease's provisions
are to apply shall begin to run on June 1, 2014. Upon the effective date of
this Sublease, all acts consistent with the terms of this Sublease are ratified
and affirmed.
SUBLEASE AGREEMENT - Page 5
(between the City of Kent and Kent Lions Club)
The foregoing conditions are mutually agreed to by Sublessor and Sublessee.
SUBLESSOR(S): SUBLESSEE:
KENT LIONS CLUB CITY OF KENT
Ile
,,/By: 'Su z tte Cooke
It :A-,r d d z �� Its��s1a�jor / -
Dated:_ ` DSted: �
APPROVED AS TO FORM:
Kent Law Department "
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SUBLEASE AGREEMENT - Page 6
(between the City of Kent and Kent Lions Club)
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this � day off a , 2015, before me a Notary Public in and for the State of
Washington, personally appeared Douglas M. Taylor, 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-
IW:l(1AWj VSS WHEREOF, I haye_hereunto set my hand and official seal the
day C_tiU�� `\�a6`SaIr�Ogfpnr,a��n!(",%,94�P.oC4v�e written.
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m. s
a', ALgu�o y�? NOTARY PUBLIC, in and for a Sta
of Washington, a
'hOR' ` MYppoinment expires - '�.1
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 Seal Must Appear Within This Box-
\ �S WHEREOF, I have hereunto set my hand and official seal the
da��lV?YSR ' Ihjre written.
m m;14 i�'$otAgr 4 C
i (P ,, b060 1a® = NOTARY P�U�-BLIC, in and for the State
°1i/ 9A1041-1�;,:'�` � = of Washington, residing �
FO 51��v My appointment expires _t
SUBLEASE AGREEMENT - Page 7
(between the City of Kent and Kent Lions Club)
EXHIBIT A
LEASE AGREEMENT
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SUBLEASE AGREEMENT— Exhibit A
(between the City of Kent and Kent Lions Club)
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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, 2014 (the "Commencement Date"),
and shall continue for a period of five (5) years. 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. Landlord may only terminate this Agreement under an
Event of Default by Tenant, as provided In this Lease.
4. RENT
Tenant shall pay Landlord the amount of Four Thousand Seven Hundred Fifty and
No/100 Dollars ($4,750.00) per month for the first two (2) years of the Lease Term, and shall
pay Five Thousand Dollars per month for the remaining three (3) years of the Lease Term.
Tenant shall pay Landlord 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 (51h) day of each
month. If any sums payable by Tenant to Landlord under this Lease are not received by the
fifteenth (151h) 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 15
(between the City of Kent and Perkins)
5. 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 government, 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.
S. ALTERATIONS
LEASE AGREEMENT—Page 2 of 15
(between the City of Kent and Perkins)
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Tenant may make alterations, additions or improvements to the Premises
("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.1s." 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. Tenant shall maintain the landscape in a neat and attractive manner.
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.
Z0. 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.
iZ. 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
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.
LEASE AGREEMENT—Page 3 of 15
(between the City of Kent and Perkins)
i
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
interruption in its business, provided that in no event shall Tenant's claim reduce
Landlord's award.
LEASE AGREEMENT— Page 4 of 15
(between the City of Kent and Perkins)
i
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
by this Section, In no event shall the limit of such policies be considered as limiting
the liability of Tenant under this Lease.
LEASE AGREEMENT-Page S of 15
(between the City of Kent and Perkins)
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.
i
15. 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
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
I
LEASE AGREEMENT— Page 6 of 15
(between the City of Kent and Perkins)
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.
Notwithstanding the foregoing, on June 8, 2011, Landlord consented In writing to allow
Tenant to enter into a sublease agreement with the Kent Lions Club for a portion of the
Premises, and Landlord's consent for the sublease with the Kent Lions Club remains in effect
for this Lease.
IS. DEFAULT
The following occurrences shall each be deemed an Event of Default:
a. Failure to Pay. Tenant fails 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 j
enumerated in this Section, and the breach continues for a period of thirty (30) days
after notice by Landlord to Tenant of the breach.
ig. REMEDIES
i
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. If an Event of Default occurs, Landlord may terminate
Tenant's interest under the Lease by giving thirty (30) days written notice of
LEASE AGREEMENT— Page 7 of 15
(between the City of Kent and Perkins)
termination from Landlord to Tenant. 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 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; (ii) 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; (III) 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.
LEASE AGREEMENT—Page 8 of 15
/hatween the City of Kent and Perkins)
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
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; (ii) to
the payment of the costs or charges for storing such property; (iil) 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.
2].. 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 146`h Avenue SE
Renton, WA 98058
(425) 226-1953
TENANT:
City of Kent
Attn: Facilities Management Superintendent
LEASE AGREEMENT- Page 9 of 15
�hptween the 0tv of Kent and Perkins) -
220 Fourth Avenue S
Kent, Washington 98032
(253) 856-5700
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 15
(between the City of Kent and Perkins)
I
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 party'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 parry'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 4t :
te coke
Dated: S Z 7 " Its,(];IJ0 /�
Shirley Pe"tins 5 7 ��
Dated: APP OVED AS TO FORM:
Kent Law Depa ment
LEASE AGREEMENT— Page 11 of 15
(between the City of Kent and Perkins)
PACMITIleslOpen Flleslo105-2014�Parks GenerallPerklns storage Lease Agreement for Facllltlmdocx
LEASE AGREEMENT— Page 12 of 15
(between the City of Kent and Perkins)
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this _& day of 2014, before me a Notary Public in and for the
State of Washington, personal) 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-
��� � PYNESS WHEREOF, I have hereunto set my hand and official L
sezf�l4 � a Ir, gar first above ritten.
ON r list, r
�15`c .10
� (F+RY �1�N4i
=g i z
-�°' S/Ti SPA SL 6kOVS
Jr�5,�
NOTARY PUBLIC, in and for the St to
11 o��q�nilkil My appoof lintment expires ngton, residing at ` 1�
STATE OF WASHINGTON )
) ss.
COUNTY OF KIN�G-7 �J )
on this � day of � (_ Y 2014, 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 W��NQS WHEREOF, I have hereunto set my hand and official
seal th@, 2SL4j%t,first abov written,
4�s�"g10N 0 4/1 �7 j
E4pi ICI C
pYAr�h v�iy4 � �
0 N
;0'1fe9 �` rpm' NOTARY PUBLIC, In and for the 5ta
of 4o,,OF pow ,�t� My appoinWashintment expires
ton, residing at
LEASE AGREEMENT- Page 13 of 15
(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 Seal Must Appear Within This Box-
\\`\��i�V iWITNESS WHEREOF, I have hereunto set my hand and official
g� ii�nd year first above written.
G
` �a 561oNFryq
180 NOTARY PUBLIC, 1n and for the State
F ,,ao v of Washington, residing
gh�'o„WASN` .�` My appointment expires 7 6
III
LEASE AGREEMENT- Page 14 of 15
(between the City of Kent and Perkins)
EXHIBITA
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LEASE AGREEMENT— Page 15 of 15
/hptween the Cltv of Kent and Perkins)
EXHIBIT B
June 8, 2011
Charles Lindsey
City of Kent
220 4eh Avenue Sooth
Kent, WA 98032
Re: Lease Agreement between Charlie and Shirley Perkins and the City of Kent for
property at 71S West Street, Kent, Washington
Dear Mr. Lindsey:
This fetter will serve as my consent for the City'of Kent to enter intb a sublease
agreement with the Kent Lions Club for a portion ofthe above-referenced property.
This consent is given In accordance with Section 17 of the Lease:
Sincerely,
Charlie Perkins
SUBLEASE AGREEMENT— Exhibit B
(between the City of Kent and Kent Lions Club) z'
A� CERTIFICATE OF LIABILITY INSURANCE DATE,MMIDDYYYY,
02/21/2015
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 NO
THE COVERAGE AFFORDED ¢Y THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(5), 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 endorsements).
PRODUCER
NAME:C John Adams
Willis of Illinois, Inc. AHONE t-BDaa15 57Ds a 1-888467-2378
425 N. Martingale Road, Suite 1100 Ilonsclubs@willis.com
Schaumburg, IL 60173 INSURERS AFFORDING COVERAGE NAICN
INSURED INSURER A: ACE American Insurance Company 22667
INSURER B
Kent Lions Club/District 19C INSURER C
Kent Washington INSURER D I
INSURER E:
INSURER F: ',
COVERAGES CERTIFICATE NUMBER: 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 AM gum cc
LTR TYPE OFINSURANCE POLICYNUMBER MM/OSY EYY MMILD' P LIMITS
A GENERAL LIABILITY
EACH OCCURRENCE S 1,000,000
X COMMERCIAL GENERAL LIABILITY HDOG27336395 09/01/2014 09/01/2015 PREMISES Ea nce s 1,000,000
CLAIMS-MADErX OCCUR MEDEXP dM S 5,000
X Acc.Per Named Insured PERSONALS ADV INJURY S 1,000,000
Is$2,000,000 GENERAL AGGREGATE S 10,000.000
GENL AGGREGATE LIMIT APPLIES PEft PRODUCTS-COb1PtOP AGG[, 2,010100,,000000
X POLICY PRO- LOC
AUTOMOBILE LIABILITY COOMBI�NEDISINGLELIMIT ,ANY AUTO ISAH08827552 09/01/201409/01/2015 BODILY INJURY(Per person)ALL OWNED SCHEDULEAUTOS AUTOSBODILY INJURY(Per 2Cdnl)HIREDAUTOS EJ AUTOS ED TY GEAUTOS kfenl
UMDRELLA"All OCCUR EACH OCCURRENCE S
EXCESS LIAB CLAIM&MADE AGGREGATE S
OED RETENTIONS S
WORKERS COMPENSATION weS A W OTH
AND EMPLOYERS'LIABILITY YIN
ANY PROPRIETORiPAATNERIEXECUTIVE
OFFICERIMEMBER EXCLUDED? NIA E.L EACH ACCIDENT $
(Mandatory in NH) E.L.DISEASE-EA EMPLOY s if describe Under
Cr RIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required)
Provisions of the policy apply to the named Insureds participatlon In the following activity during the policy period shown above:
Charlie&Shirley Perkins, 17817 148th Ave SE,Renton,WA 98058 Is Included as an Additional Insured(s),but only with respect to General Liability arising out of
the use of premises by the Insured shown above and not out of the sole negligence of said additional insured.
PROVISIONS OF THE POLICY DO NOT APPLY TO THE SALE OR SERVING OF ALCOHOLIC BEVERAGES
CERTIFICATE HOLDER CANCELLATION
City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
2204th Ave South THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Kent Washington 9B032 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE //���//�� �
e`1�4—
01988.2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
CERTIFICATE OF INSURANCE 02123/2015
PRODUCER THIS CERTIFICATE S ISSUED AS A MATTER OF INFORMATION ONI YAND CONFERS NO
RIGMS UPON THE CERTIFICATE Hot For.THIS CERTIFICATEDOES NOTAFFIRUkUVELY
American.Specialty Insurance&Risk Services,Inc. OR NEGATIVELY AMFNO.FXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BROW. THIS CERTIFICATE OF INSURANCE ODES NOT CONSTITUTE A CONTRACT
7609 W.Jefferson Boulevard,Suite 100 BETWEEN THE ISSUING INSURERTS),AUTTORREO REPRESENTATIVE OR PROONGFe AND
Fort Wayne,Indiana 46804 THECERTIFICATEHOWER.
INSURED INSURERS AFFORDING COVERAGE
Kent Lions Club District 19C Official Organizer&Sponsor of Kent Car INS,A: Greenwich Insurance Company
P.O.Box 5094 INS. B:
Kent,WA 98064 INS,C:
CERT NUMBER:1001210817
COVERAGES
THIS IS TO CERTIFY THAT THE POLICI ES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOT WITHSTANDI NG 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.
INS POLICY POLICY POLICY
LTR TYPE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS
General Aggregate 51000,000
GL ASGO893429 06/10/2014 06/10/2015 Products-Completed O erations Aggregate 5,000,000
A Personal and Advertisiml In try 1,000,000
12:01 a.m. 12:01 a.m. Each Occurrence 1,000,000
Damage to Premi5gr2 Rented to You(Any One Premises 1,000,000
Medical Expense Limit(Any One Person Excluded
I
1
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES&EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
- The general liability policy Is primary as per Form CG 00 01.
- The Certificateholder is only an additional insured With respect to liability caused by the negligence of the Named Insured as per Form GXA L428-Additional Insured-Certificateholder,
but only with respect to LANDLORD FOR 715 WEST SMITH EFFECTIVE FEBRUARY 23,2015.
CERTIFICATE HOLDER CANCELLATION
CHARLIE AND SHIRLEY PERKINS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES
17817-146TH AVE SE BE CANCELLED BEFORE THE EXPIRATION DATE
RENTON,WA 98058 THEREOF,NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
U '
Clary, Nancy
From: Rolcik-Wilcox, Cheryl
Sent: Friday,June 06, 2014 3:30 PM
To: Clary, Nancy
Cc: Hardy, Kathy
Subject: Lion's Club Sublease at Perkins Storage
Attachments: Kent Lions Club Sublease for Storage at Perkins site.docx
Hi Nancy -
Attached is the Lion's Club Sublease. Be sure t0 attach a copy of the Perkins lease to it as
Exhibit A. Exhibit B is already attached!
I spoke to Kathy about the need for additional council approval for the sublease. Since the
sublease was included as part of the Perkins lease when it was approved by council, that
approval covers the sublease as well. The date of the Perkins lease approval is the date you
should list on the pink sheet when you send the sublease for Mayor's signature.
Let Kathy or me know if you have any questions! I hope you have a wonderful weekend!
Cheryl Rolcik-Wilcox, Civil Legal Assistant
Civil Division I Law Department
220 Fourth Avenue South, Kent, WA 98032
Direct Line 253-856-5771 1 Fax 253-856-6770
crolcik-wi IcoxCa�KentWA.00V
CITY OF KENT,WASHINGTON
KentWA.gov Facebook Twitter YouTube
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1
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KE O T
WASMIXGTOX
Agenda Item: Consent Calendar - 73
TO: City Council
DATE: May 6, 2014
SUBJECT: Perkins Building Lease Agreement for City Storage - Authorize
MOTION: Authorize the Mayor to sign the Lease Agreement with Charlie
Perkins for property located at 715 W. Smith Street to be used as a city
storage facility, subject to final terms and conditions acceptable to the City
Attorney and the Parks Director.
SUMMARY: This is a renewal of a lease that began in 2006 when the city sold the
"Red Barn" on Railroad Avenue. The property at 715 W. Smith Street consists of 6,350
square feet of building space and a 25,000 square foot lot. This property provides
storage for Facilities, Home Repair, Cultural Arts, and the Kent Lions Club. The City
subleases space to the Lions Club for storage of equipment and supplies used for their
many functions that occur in Kent throughout the year. .The city shall pay the Landlord
the amount of $4,750.00 per month for the first two years of the Lease Term, $5,000
per month for the remaining three years of the Lease Term. The increase after two
years is due to trend. Currently, the city collects $1,000, plus $55.00 (electricity) per
month for subleasing a portion of the building to Kent Lions. In June, 2014, city staff
will negotiate a sublease with Kent Lions to continue charging $1,000, plus $55.00 for
electricity per month for the first two years of the Lease Term and then increasing to
approximately $1,050, plus $55.00 (electricity) per month for years three through
five.
Home Repair uses it to store building supplies used for their community-based repair
program. Cultural Arts stores equipment and supplies used for their programs and
events. Facilities uses the space to store furniture parts, basketball hoops, HVAC
filters and other miscellaneous equipment and supplies needed to be stored until such
time as it can be used.
I
EXHIBITS: Lease Agreement
RECOMMENDED BY: Parks and Human Services Committee
YEA: Ranniger - Higgins - Fincher NAY:
BUDGET IMPACTS: Facilities Lease Agreement
Kent City Council Meeting Minutes May 6, 2014
people will react to a UGM sign across the street. He felt that UGM won't be helpful for
his business and that there were two homeless people drinking outside his business
the other day. The opening a day center across the street would kill his business, he
said, and cause him to increase security. He noted that there are families in that area
and they don't know about this proposal.
7. Jen Minich, Kent - Minich noted that the consensus of the homeless task force is
that there is a need for a homeless shelter in South King County. She stated the report
calls for the linking of daytime and nighttime services and the strategic plan calls for
such a facility. She supports KentHOPE's mission.
8. Carol Anne Maiers, Kent - Malers stated there was a time when you didn't see
homeless and mentally ill people on the streets. She stated that 30 years ago she
remembers calling City Hall about them. She reasoned that there are homeless people
because of bad decisions made by business leaders, state leaders, and federal leaders.
She said homeless women are people who have had temporary setbacks and If given
the opportunity they will be taxpayers supporting the City's revenues.
9. Monica Emery, Kent - Emery communicated that she attends Riverview Community
Church and supports KentHOPE and their mission of a day center. She stated that the
women at the women's center are from all walks of life and have their own issues. She
felt if people have assistance they can be productive members of society and if we
don't help it takes away from each of us. People are afraid of the homeless because of
the unknown and we should Integrate the homeless into society because they are real
people just like you and me, she stated.
10. Gary Johnson, Kent - Johnson stated that he opposes the location of the homeless
shelter. He stated that his views are of the majority of the City's stakeholders and that
the Council listened In the past about the last location being unsuitable. He added that
this is the fifth location that has been met with community resistance and there have
been negative experiences with shelters being located around families in other cities.
He said last year he looked at a location with a UGM representative and there was a
child walking in front of the proposed building and the representative told him that it
wasn't a good location based on that.
CONSENT CALENDAR
Council President Ralph moved to approve Consent Calendar Items A through
M. seconded by Councilmember Thomas.
A. Approval of the minutes — Approve. The minutes of the workshop and regular
Council meeting of April 15, 2014 were approved.
B. Payment of Bills — Approve. There were no bills to approve.
C. Reappointment to Civil Service Commission - Confirm. The Mayor was =
authorized to reappointment of Callius Zaratklewlcz to the Kent Civil Service
Commission.
4
I
Kent City Council Meeting Minutes May 6, 2014
D. 2013 Asphalt Grinding Project - Accept as Complete. The Mayor was
authorized to accept the 2013 Asphalt Grinding Project as complete and release
retainage to Pyramid Grinding LLC, upon receipt of standard releases from the state
and the release of any liens. The original contract amount was $64,375.00. The final
contract amount was $61,155.49.
E. Telecommunications Franchise Ordinance with TW Telecom of Washington
LLC - Introduce. The Mayor was authorized to introduce an ordinance granting TW
Telecom of Washington LLC, a franchise to install and maintain facilities for a
telecommunications network within the City's public right-of-way, subject to final
terms and conditions acceptable to the City Attorney and Public Works Director.
F. Puget Sound Energy Conversion — Schedule 74 Project Design Agreement -
Approve. The Mayor was authorized to sign a Project Design Agreement with Puget
Sound Energy for the Upper Russell Road Levee Project in an amount not to exceed
$21,000 subject to final terms and conditions acceptable to the City Attorney and
Public Works Director,
G. Multifamily Tax Exemption Extension Ordinance - Adopt. The Mayor was
authorized to Adopt Ordinance No. 4111, extending the multifamily tax exemption for
qualifying projects in the residential targeted area as depicted in Appendix 1 of the
attached ordinance.
H. Resolution amending the Comprehensive Plan for the Par 3 Golf Course -
Adopt. The Mayor is authorized to Adopt Resolution No. , amending the
comprehensive plan on the Par 3 golf course site,
I. Consultant Services Agreement with R L Evans Company. Inc for 2014/15 -
Authorize. The Mayor was authorized to sign a Consultant Services Agreement with
R.L. Evans Company, Inc. for brokerage and consulting services in the amount of
$40,000, subject to final terms and conditions acceptable to the City Attorney and
Human Resource Director.
J. Perkins Building Lease Agreement for City Storage - Authorize._ The Mayor
was authorized to sign the Lease Agreement with Charlie Perkins for property located
at 715 W. Smith Street to be used as a city storage facility, subject to final terms and
conditions acceptable to the City Attorney and the Parks Director.
K. Resolution Declaring Emergency and Waiving Bid Requirement for Ice
Plant Equipment Repair at ShoWare Center — Adopt. The Mayor was authorized
to adopt Resolution No. 1883 declaring an emergency and waiving the advertised bid
requirement for repair of the ice plant equipment at the ShoWare Center.
L. Contract with PermaCold Engineering Inc for Ice Plant Equipment at
ShoWare Center — Authorize. The Mayor was authorized to sign a contract with
PermaCold Engineering, Inc. to repair and recommission the ice plant equipment at the
ShoWare Center, In an amount not to exceed $95,000 unless authorized by the
Economic Community Development Director and the Mayor and within the established
5
i
REQUEST FOR MAYOR'S SIGNATURE
� I T Please Fill in All Applicable Boxes
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator;Alex Ackley APPROVALS:
Date Sent: 03/10/2015 DALICER
F COUNCIL APPROVAL: 05/06/2014
Return Signed Document to: DAF CHIEF ADMINISTRATIVE
Nancy Clary x5084 OF APPROVAL:
� _-VENDOR NAME: DAF FINANCE DIRECTOR
Kent Lions Club APAL:
r --- - -
I Date Required: 03/17/2015 _
Phone (Originator): X5081 BUDGETED: YES ❑ NO
FUND: Facilities Lease Revenue Budget
Brief Explanation of Document:
This is a Sublease Agreement for the Kent Lions Club for space at the storage facility
located at 715 W. Smith, Kent. The City leases this property from Charlie Perkins and
in turn subleases a portion of the building to the Kent Lions Club.
J
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
Received:
Approval of Law Dept.: `
Law Dept, Comments:
Date Forwarded to Mayor: i r
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments:
`Date Returned: