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Home My WebLink AboutPK06-138 - Other - Addendum #1 - Charlie Perkins - 715 W. Meeker Storage Space - 04/06/2006 ADDENDUM NO. 1 TO LEASE AGREEMENT (Single Tenant for Entire Parcel — Triple Net) THIS ADDENDUM NO. 1 amends and forms a part of the lease agreement between Charlie and Shirley Perkins, Landlord, and the City of Kent, Tenant, for the property generally located at '-1� s v- - vV -e-ekz ^r Kent. WA, and more particularly described in Exhibit A of that lease. 1. DELETE the third sentence from Section 3(a), which reads as follows: If Landlord acts diligently to make the Premises available to Tenant, neither Landlord nor any agent or employee of Landlord shall be liable for any damage or loss due to Landlord's inability or failure to deliver possession of the Premises to Tenant as provided in this Lease. 2. AMEND the fifth sentence in Section 3(a) as follows: Unless otherwise agreed in writing between Landlord and Tenant, if Landlord does not deliver possession of the Premises to Tenant within days (69 i net filled in) aftleF on the date specified in Section 1(b), Tenant may elect to cancel this Lease by giving written notice to Landlord within 10 days after sty pened ends that date. 3. DELETE the first sentence of the second paragraph in Section 3(b), and replace with the following: Except as specified elsewhere in this Lease, Landlord represents and warrants makes Fie FepFesentatief9s ef to Tenant Fe9aFd1Rg 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. 4. CHANGE the two references to "ten (10) days" in the third paragraph in Section 3(b) to"twenty-one (21) days." 5. DELETE the second paragraph of Section 4 and REPLACE with the following: Tenant shall endeavor to pay Landlord under this Lease by the fifth (5th) day of each month. If any sums payable by Tenant to Landlord under this Lease are not received by the ( ) fifteenth (151h) day of each month, Tenant shall pay landlord, at Landlord's option, $100 in addition to the amount due, for the cost of collecting and handling such late payment., an ameunt equal te the In addition, all delinquent sums payable by Tenant to Landlord and not paid within-+aye fifteen 15 days of the due date shall, at Landlord's option, bear interest at the rate of twelve p._,ent (12%) eight percent (8%) per annum , of the highest, Fate ef ADDENDUM NO. 1 TO LEASE AGREEMENT- 1 t less. Interest on all delinquent amounts shall be calculated from the original due date to the date of payment. 6. DELETE the first two paragraphs of section 14(a) and REPLACE with the following: a. Damage and Repair. If the Premises are entirely destroyed, or partially damaged but iget -,...,,. red untenafgtable by fire or other iASUFed-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. and this Lease shall i9at-tefFn'nate. The PFenq+ses-sha be deeFfled untenantable if less than twei9ty five peFeent (25%) ef the PFeFA'ses wed: 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, then Landlord may elect to terminate this Lease and keep the insurance proceeds, by notifying Tenant within sixty (60) thi 30 days of the date of such casualty. If the Premises are entirely destroyed, 8F paFtially damaged and rendered untenantable, by fire of 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. 1fi within 69 days afteF Feeept by 6andleFel fFeFn Tenant Bf WF'tten HatlEe that Tenant deems the PFeFnises untenantable, 6and'8M falls te netify Tenant a . leetien to st-e..e the n....mses of I andleFd aL.I.. to store the PFengises i teFinigii9ate the Lease. 7. AMEND the first line of section 19 as follows: DEFAULT. The following occurrences shall each be deemed an Event of Default by-TeRan : 8. AMEND the first sentence of section 19(a) as follows: a. Failure To Pay. Tenant fails to pay any sum, including Rent, due under this Lease following €ve-(5)-fourteen (14) days written notice from Landlord of the failure to pay. 9. ADD the following new section 19(g) to section 19: g. Landlord's Non-Monetary Defaults. Landlord breaches any agreement, term or covenant of this Lease, and the breach continues for a period of thirty (30) days after notice by Tenant to Landlord of the breach. ADDENDUM NO. 1 TO LEASE AGREEMENT-2 S 10. ADD the following new section 20(f) to section 20: f. Tenants Remedies. Upon the occurrence of an Event of Default by Landlord, Tenant may terminate the Lease upon giving Landlord thirty (30) days written notice of Landlord's Default, which notice must be delivered to Landlord within fourteen (14) days of the Event of Default. If Landlord has not cured the Default within that thirty (30) day cure period, the Lease shall terminate and Landlord shall return all unused rent on a prorated basis, plus the full security deposit, and, in addition, Landlord shall pay all Tenant's cost to remove and relocate Tenant's property from the Premises. 11. DELETE the second sentence in section 23 and REPLACE with the following: During such tenancy, the rate of rental shall remain equal to the rate last payable under this Lease. 12. AMEND section 25 as follows: 25. COSTS AND ATTORNEYS' FEES. If Tenant or Landlord engage the services of an attorney to collect monies due or to bring any action for any relief against each other, declaratory or otherwise, arising out of this Lease, including any suit by Landlord for the recovery of Rent or other payments, or possession of the Premises, the lesing each party shall be responsible to pay the prevailing all its costs and attorneys' fees in such suit, in mediation or arbitration, at trial, on appeal and in any bankruptcy proceeding. IN WITNESS, this Addendum No. 1 has been executed and shall take effect on the last date entered below, and, if that date is prior to the effective date of the Lease, the effective date of this Addendum No. 1 shall instead be the effective date on the Lease. LANDLORD: TENANT: Gty 0 Kdnt its: till Ala eL Date: by: Charlie & Shirley Perkins Date: 3 •z,� -o L ADDENDUM NO. 1 TO LEASE AGREEMENT-3 r STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this Z :? day of MAxct+, 200 G, before me a Notary Public in and for the State of Washington, personally appeared Charlie Perkins and Shirley Perkins, husband and wife, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed this instrument and acknowledged it to be their free and voluntary act and deed for the uses and purposes mentioned in this instrument. Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day andnYLjFago'e written. \y5\ON F10�� 1/ s s 0 " �p?Alt r�9t�cn 2'i :f i .V I•� i '., cn` PL.' :-�G S p' NOTARY PUBLIC, in and for the State ,yT., �,�:•e,. �0 of Washington, residing at r' , V-* t,FOF wASVX My appointment expires STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby)certify that I know or have satisfactory evidence that is the person who appeared before me, and said perso acknowledged that he/sp signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of the City of Kent as its and such execution to be the free and voluntary act of such party for the use nd purposes mentioned in the foregoing instrument. Notary Seal Must Appear Within This BOX ,WZZNESS WHEREOF, I have hereunto set my hand and official seal the dad. ove writte . swoon ��R�"M� • NOTARY PUBLIC, in and for theState �R WAS*%+ of Washington, residing at My appointment expires /� P\Cavil\FILES\OpenFiles\0105-2006\SatMktBarn Storage Lease doc ADDENDUM NO. 1 TO LEASE AGREEMENT-4 � J April 6, 2006 Charlie Lindsey City of Kent 220 4th Avenue South Kent, WA 98032 Re- 715 West Smith Street in Kent, Washington Dear Charlie: This letter will serve as my consent for the City of Kent to enter into a sublease agreement with the Kent Lions Club for the property that the City of Kent leases from me at 715 West Smith Street in Kent, Washington. This consent is given in accordance with Paragraph 17. Assignment and Subletting of the lease Sincerely, Charlie Perkins fMMEMEM ■■ ■■ OEM No ■Real Estate April 6, 2006 Tammy White City of Kent-Attorney Re- Perkins/City of Kent lease and Sub-lease with Kent Lions Dear Tammy: Tom asked me to drop off the enclosed letter from Charlie Perkins agreeing to the sub tenancy of the Kent Lions for the property at 715 West Smith Street in Kent. I have also enclosed a copy of a sublease form as well. Call me with any questions Sincerely, Llewellyn Rea or n ellyn Enclosures ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ IN ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ PO Box 902• Kent,Washington 98035 • (253)852-1898 •fax (253)852-1899