HomeMy WebLinkAboutPW12-114 - Extension - Plemmons Industries, Inc. - Signal Shop Warehouse - 06/01/2021ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee Mayor
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingDate Received by City Attorney:
Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? Yes No*
Business License Verification: Yes In-Process Exempt (KCC 5.01.045)
If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
Yes No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Dir Asst:
Sup/Mgr:
Dir/Dep:
rev. 200821
FOR CITY OF KENT OFFICIAL USE ONLY
(Optional)
* Memo to Mayor must be attached
DATE: March 16, 2021
TO: Kent City Council
SUBJECT: Traffic Signal Warehouse Lease Agreement - Authorize
MOTION: Authorize the Mayor to sign all necessary documents to lease
warehouse space for 36 months at the Plemmons Industrial Park for traffic
signal system storage and workspace, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: The Public Works Department has leased warehouse space for the traffic
signal technicians since 2006. The existing lease expires at the end of May 2021. The
lease provides traffic signal technicians a space to store equipment and parts for the
traffic signal system, as well as test and repair of controllers and other electronic
devices. There is no space in existing city-owned facilities to house these operations.
The rent under the previous agreement is $2,075.00 per month plus a $360.00
common area maintenance charge for a total of $2,435. The first two years of the
proposed lease is $2,225 per month for rent plus a $510.00 common area charge for a
total of $2,735 per month. The third year of the proposed lease is $2,325 per month
for rent plus a $660 common area charge for a total of $2,985.00 per month.
The proposed new lease period is June 1, 2021 through May 31, 2024.
BUDGET IMPACT: None. This expense has been budgeted in the Transportation
Operating Budget.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1.Traffic Signal Warehouse Lease Exh 1 (PDF)
2.Traffic Signal Warehouse Lease Exh 2 (PDF)
03/09/21 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 3/16/2021 7:00 PM
PLEMMONS INDUSTRIES, INC. 1311 CENTRAL AVE SOUTH, SUITE 201 KENT, WASHINGTON 98032
TELEPHONE (253) 854-2600 FACSIMILE (253) 852-7368
BILLING: P.O. BOX 1068 KENT, WA 98035
February 12, 2021
City of Kent
Attn: Mike Sorensen
220 4th Avenue S
Kent, WA 98032
RE: PLEMMONS INDUSTRIAL PARK - 1621 S. Central, Units 24 & 25
Dear Mike,
Our records indicate that your Lease for the premises located at 1621 Central Avenue South, Units 24 & 25, Kent, Washington,
is expiring May 31, 2021.
The Landlord would like to extend two lease offers for the premises as follows:
3 Year Renewal Base Monthly Rent Estimated Monthly CAM
Year 1 & 2 $2,225.00 $510.00
Year 3 $2,325.00 $660.00
Would require the following:
Additional Last Month’s Rent Deposit: $250.00
Additional Last Month’s CAM Deposit: $250.00
$500.00
If you intend to renew your Lease, please sign below, indicating which term you desire and email to
tarah@plemmonsindustries.com as soon as possible. If your intent is not to renew, then per your Lease Agreement, 90 day
written notice is due February 28, 2021.
This offer is good for ten (10) days of this letter, after that time rates and conditions are subject to change.
We would like to take this opportunity to express our appreciation for your tenancy and look forward to continuing this
relationship into the future. If I can be of further assistance, please call me at (253) 854-2600.
Sincerely, ACCEPTANCE
PLEMMONS INDUSTRIAL PARK
Tenant:_________________ Date:______________
Tarah Plemmons
Commercial Real Estate Division
03/18/2021
� y r
FA[ EST
PLEMMONS INDUSTRIES, INC.
1311 CENTRAL AVE SOUTH, SUITE 2111 KENT, WASIlIN(:'1'ON 98032
TELFAMONF (M) N54-26110 1'ACSIMILE t2531 R52-736a
BILLING: P.D. HOx 1068 KENT, WA 98035
www.i) le m m o n s i iid u st rie s.com
LEASE WAItEHOUSE
THIS LEASE, dated the 19th day or February, 2021, by and between PLEMMONS INDUSTRIES, INC. , as "Landlord", and
CITY OF KENT as "Tenant", 1s upon the following terms and conditions:
1. Premises: Landlord leases to Tenant and Tenant leases from Landlord the premises situated in Kent, Washington, (tile
"Premises") legally described as Follows:
Unit(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 fast 10 feet thereof conveyed to King County for ]toad; and Except the West 15 feet thereof;
Situate in the City of Kent, County of King, State of Washington.
2. Term of Lease: Tile term of this Lease shall be for 3 (Three)Years, 0 (Zero) Months, and 0 (Zero)_Day_s, and shall commence
on the I st day of June. 2021, (the "Commencement Date") and end on the 3I st day of May, 2024 (the "Expiration Date").
3. Minimum Itent; CAM Charges; Common Areas: a}'Tenant covenants and agrees to pay to Landlord as base rental for the
Premises, without deduction, offset, prior notice or demand, in advance, a minimum monthly rental of (See Addendum C,), All
rents specified herein to be paid to Landlord are payable in advance on or before the first day of each month during the term of
this Lease. Rent shall be payable to the Landlord at 111.0. 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 prorated basis and compliance with all terms oFthis Lease. Last Month Rent/CAM
Deposit increase of the lease Ierm shall be paid upon execution of this lease, refer to Addendum C.
b) Tenant shall pay to Landlord, as additional rents, an amount estimated by Landlord to beTenant's share of Common
Area Maintenance Charges ("CAM Charges)") (as defined in this section). This amount is payable on or bcrore the first day of
each month during the term of this lease. The monthly CAM Charge at the start of the lease term shall be (See Addendum Q.
The Landlord can adjust tiie monthly CAM Charge at any time during the term of this lease on the basis of Landlord's then
reasonable anticipated costs for the current accounting period. An accounting period is one (1) full calendar year, except that the
first accounting period shall commence on the date the term commences and the last accounting period shall end on the date the
term expires or terminates. The terin "Common Area Maintenance Charges" means and includes all sums expended by Landlord
for the supervision, management, operation, maintenance and repair of the common areas and all allowance to Landlord For
Landlord's supervision or maintenance and operation of the common areas, including without limitation, the costs of each and
all of the Following items: sweeping; resuriacing and re -striping of parking lots; repainting; building and improvements repair;
landscaping; ice and snow rent oval, suppIyisig directional signs and otlie r markers; car stops; I ightiiig; insurance premiums, water
and all utilities not paid directly by Tenant; and other costs necessary in Landlord's judgment for (lie supervision, management,
operation, maintenance and repair of the common areas. CAM charges for the first and last months of the lease term shall be paid
Upon execution of this lease.
c) Landlord reserves the right from time to time to alter said common areas and to exercise 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 desirable. '['client agrees to abide by and confot'in to such rules and regulations and shall be responsible For
compliance by its employees, agents, customers and invitees. The failure of Landlord 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 periods as may, in the opinion of file landlord, be necessary to prevent a dedication thereof, or
to preserve 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.
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4. Security Deposit: Upon execution of this Least:, Tenant currently has on deposit $1,500.00 (One Thousand Five Hundred
Dollars and 00/100), with Landlord (hereinafter referred to as "tire Security Deposit"), to secure the Faithful performance by
Tenant of each term, covenant and condition of the Lease. If Tenant at any tiina, fails to make arty pay inont or fail to keep or
perform any terra, covenant and condition on its part 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 dui to Landlord; (b) to make any required puyinent on Tenant's
behalf; or (c) to compensate Landlord For arty Ioss, damage, attorneys' fees, or expense sustained by Landlord duc to Tenant's
default. In such event, 'Tenant shall, within Five (5) days of written demand by landlord, remit to Landlord sufficient finds 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 Landlord against the Tenant for a breach of this Lease
shall in no way be limited or restricted by the Security Deposit, but Landlord shall have the absolute right to pursue any available
remedy to protect its interests herein, as if this deposit had not been made. Should Tenant comply with all the terms, covenants
and conditions required by this Lease, rite Security Deposit, less any stuns owing to Landlord, shall be returned to Tenant within
a reasonable time after termination of the Lease, vacation of the Premises by Terta nt. Should the Premises be sold, Landlord may
transferor 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 three (3) days of when due, as required herein, shall bear interest at the rate of twelve percent (12%) per year
from the date of any delinquency in payment thereof to the date paid. In addition, Bent, CAM charges, and all other monies
owed are due and payable ors the 1" day of each month. If however, a I I such amounts due have not been received by
Landlord by the Ist day of the month, Tenant shall incur a $75.00 (Seventy Five Dollars and 00/100) late fee and an additional
S10.00 (Ten Dollars and 00/100) a day charge For each day thereater, until all monies are paid in Full. The: late charges are due
when late rent is paid, Rent can be mailed to P.Q. Box 1068 Kent WA 98035 and must be post marked by the I" to avoid
late penalties.
(b) Tenant agrees to pay 'Ill irty Light Doi lars ($38.00) 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 2nd NSF check,
G. Taxes; Assessments: Tenant agrees to pay any increase in real estate taxes due and payable on the Premises for each i'ull
calendar year during the terns of this Lease over the real estate taxes due and payable on the Premises For the year in which the
Cointnencement Date occurs. On or before March 31st of each year, or as soon thereafter as reasonably practicable, Landlord
steal I certify to Tenant, (a) the amount of the total increase, ifally, 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 sltaI I be equal
to that portion of the total increase wltiall 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 Landlord gives Tenant its certification, For the calendar year in which this
Lease terminates, the provisions of this section shall apply, but Tenant's liability for its "proportionate share" of any tax increase
for said year shall be appropriately prorated, Should there presently be in effect or should there be enacted during the tents of
this Lease, any law, statute or ordinance, levying any tax (other than Federal, State or local income tax) upon rents, Tenant shall
pay such tax or shall reimburse Landlord oil demand for any such taxes paid by Landlord.
7. Use of Premises: The Premises are to be used t'or the purpose of conducting therein the business of general warelkause use
For City of Kent and traffic signal maintenance sho , and for no other business or purpose without the written consent of
Landlord, which consent may be withheld in Landlord'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, promptly upon request, shall reimburse
Landlord for the increased cost of such ittsumnce. 'Tlte common areas are NOT to be used for storage, car repair, washing of
vehicles or anything deemed as damaging to the property.
8. Conduct of Business: (a) Tenant shall not leave the Premises unoccupied or vacant, but shall continuously during the entire
term of this Lease carry on its business. Said business shalt be kept open continuously each day during the hours customary For
business of like character to be open. If the business is not continuously used For a period of 313 clays or more it wit I he assumed
as abandoned.
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(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 fire insurance rate for the Premises.
Tenant shall not overload the floors of the Premises or the electrical lines and circuits in the Premises, If Tenant desires to use
electrical equipment that require more 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 circuits. All such work and
changes shall comply with all applicable building and electrical codes and shall be subject to Landlord's prior consent. Tenant
shall riot 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 foreign 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: '['enant hereby agrees that no item(s) shall be stored outside of the unit. 'I'enartt shall not keep or display any
merchandise or other personal property in areas ouisiide the Premises or otherwise obstruct such areas. 'Phis includes all refuse
receptacles and outer collection containers, whether personal or business related other than on the date or collection, Tertants
using a dumpster understand that dumpsters or cans must be kept inside the Premises. Tenant hereby agrees that all durnpsters
and cans will comply with the Uniforiit )lire Code, Section 1 1.20.1(d). The outside storage ofany item is striclly prohibited and
wi I be enforced.
Any Tenant storing ail item outside of tlieir unit will be served a 72 hour notice to comply and/or have their tenancy term inated.
10. Inside Storage: 'Tenant shall not store any item(s) above the office, restroom, or hallways. All storage must be on approve(!
storage racking or on the warehouse floor surface.
l L 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 approvals. All signage installed by Tenant shall
be removed upon termination of this Lease with the sign location restored to its former state. (SEC: Mlil BIT "A", SIGN
CRITERIA.) No flags, Aboards or LED boards can be used on premises or in front of the premise.
12. Alterations and Improvements; Tenant shall make no alterations, additions or improvements to the Premises without
Landlord's prior written approval and without a valid building permit issued by the appropriate governmental agency. Detailed
plans and specifications for such alterations and iinproventents shall fn•st 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
or do any exterior decoration or painting, or make any structural alterations without the previous written consent of Landlord.
Any and all such aherntions, additions and improvements will be made in a good acid workmanlike manner at the sole expense
of Tenant. All alterations, additions, or other improvements that may be made on or to (lie Premises by either of the parties hereto,
except trade fixtures put in at the expense of Tenant, shall be the property of Landlord and shall remain on and be surrendered
with the Premises as a pall thereof at the termination of this Lease without hindrance, molestation, or injury by Tenant, except
that Landlord, at its option, may require 'Tenant, at Tenant's expense, to remove any part or all of the alterations, additions or
improvements made by Tenani. Any injury caused by Tenant's rnoving its trade fixtures in and out of the Premises or by the
removal of the alterations, additions or 1inprovernents made by'Tenant shall be repaired by Landlord at Tenant's expense.
Nothing contained herein, however, shall prohibit 'renazil from making necessary, normal, and emergency repairs to said
improvements without Landlord's consent.
13. Property Damage or Personal Injury: Landlord shall nut be liable for any personal properly damage or personal injury
occurring on or to the Prernises or to any persons in or on the Premises including but not limited to: (1) any loss of property by
theft or burglary, (2) any damage to person or property on or about the Premises from the operation of any elevator or the use of
any utility o» the Premises, (3) any damage or injury caused by action of the natural elements, (4) any damage or injury resulting
From the conduct of the employees of Tenant, whether negligent or otherwise, or (5) any damage or injury that may result from
any burs(iitg, stoppage, or leakage of any water, steam, or gas pipe, sewer, basin, toilet, hot water tank, or drain.
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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 from
installed by Tenant. Except for such obligations of Landlord, Tenant shall keep the Premises neatly maintained and in good
order and repair. If the Premises has a separate entrance, Tenant shall keep the entrance free and clear of snow, ice, debris and
obstructions of every kind.
lS. Interior Maintenance: Tenant shall, at its own expense maintain the interior of the Premises at all tittles in good condition
and repair, at I in accordance with tine laws of the State of Washington and in accordance withal I directions and regulations of
any proper officer of the governmental agencies having jurisdiction, and'fenant shall comply will) all requirements of law
touching the Premises other than with respect to structural repairs. Tenant's responsibility shall ilie Itide maintenance and repair
of the electrical system, plumbing, drainpipes to sewers, air-conditioning and heating systems, doors and locks, including
overhead doors, carpet, blinds, windows and glass. Tenant will malie sure to have a carpet or protection under all desks
and office chairs to maintain integrity of flooring. It is the responsibility of the Tenant to maintain pest and or rodent
control for the said interior Premises. Al the expiration of (lie terin hereof, Tenant shall surrender the Premises in good
condition, reasonable wear and tear and damage by fire or other casualty expected. The term "good condition" means the good
physical condition and cleanliness of the Premises and each portion of the Premises, including the items listed above, all
alterations, additions, or other improvements made by Tenant, and all trade fixtures installed by Tenant. In the event that
Tenant request Landlord to perform maintenance and/or repairs for Tenant's Office/warehnusc interior, on Tenant's behalf,
Tenant agrees to pay Landlord a fee of $40.00 per hour plus the cost of parts and/or equipment rental. if such repairs and/or
maintenance are completed in less than an hour's time, $40.00 shall remain the ininitnum charge. All maintenance/repair costs
& fees are due upon completion of work.
16. Heating/Air Conditioning: Landlord, at its option, may initiate a maintenance program for Tenant's heating, ventilating,
and air conditioning systertt, if any, servicing the Premises, Tenant shall pay to Landlord, or at Landlord's election, directly to
the maintenance firth, the cost of such maintenance, which shall be in addition to the CAM Charges.
lT. Inspection and Repair: "Tenant agrees and covenants that the Landlord or his agents at all reasonable tunes and during all
reasonable hours shall have free access to the Premises, and through any building or structure that may at any tittle be thereon,
or any part thereof, for the purpose of exam inirng 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 foill)with,
and if Tenant refuses or neglects to commence such repair's and complete tine same with reasonable dispatch, Landlord may make
or cause such repairs 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 suet) 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
uitreason ably interfere with the conduct of Tenant's business.
IS. Parking Area: Landlord hereby grants to Tenant and to its entplayees, agents, customers and invitees the non-exclusive right
far and during the term of this Lease, to use the parking area; such use to be in commoil with all other occupants orthe project,
whether as Tenants or as owners, and their employees, agents, customers and invitees. Guest parking is only For temporary use.
This should not be used for overnight storage. Overnight parking is any vehicle that remains stationary for over 24 hours. Vehicles
in guest parking must only be onsite during working business hours. Tenant shall control the use of such parking spaces so that
there wi II be no unreasonable interference with the normal traffic now, and shall not permit any parking in 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 from time to time to establish reasonable rules
and regulations with respect to the parking areas. Under no circtnrrslances shall trucks serving the Premises be permitted to block
traffic flow. All vehicles must be road worthy and operational with current vehicle tags. No vehicle repair, washing, waxing, or
oil changes may be performed iit the premises.
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Unregistered, abandoned vehicles, cars parked in a designated handicap parking spot, parked in a Fire Lane, blocking the free
flow of traffic, or blocking a driveway will be towed immediately. Unfit and improperly parked vehicles are stlbjecl to tag and
towing, and 24 hours after a vehicle/trailer is tagged it will be towed. Towing is at owners' expense, and landlord is not
responsible forttotifrcatiort to veliicle owtteroftowing. Towingwill be performed by Special Interest-fowing. Location is: 25923
78th Ave 5, Kent, WA 98032. Special Interest Towing contact number is 253-854-7240.
19. Liens; Exculpation; Tenant's Indemnity: Tenant shall not allow any liens to attach to the Premises as a result of its
activities, Landlord sltall not be liable for any loss or, injury, to persons or damage to properly is the Premises From arty cause or
causes whatsoever, which at any time may be suffered or sustained by Tenant, or by any person whosoever at any time may be
using, occupying or- visiting the Promises. Tenant sltall defend, indemnify and ]told Landlord harmless from and against any and
all liability, claims, damages, costs and expenses of any kind whatsoever, arising out of or relating to any injury to persons or
property, or 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, shal I procure and maintain in l'uII force and effect during the term of this Lem- a policy
of conunercial general liability insurance (including contractual liability and products and completed operations liability) with
liability limits ornot less than $2,000,000.00 (Two Million Dollars and 00/100) single limit, insuring against all liability orTen: nt,
its entl)Ioyees, agents and contractors arising out of or in connection with Tenant's use and occupancy of the Premises artd property
damage insurance with liability limits of not less than $2,000,000,00 (Two Million Dollars and 00/100). 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 sltall: (i) be issued by insurance companies authorized to do business in the State of Washington
with a rating of ANII or better as rated in the most recent edition of Best's Insurance Reports; (ii) be issued as a primary policy, and
(iii) contain an endorsement requiring thiily (30) days' prior written notice from the ilist rrancecontpany to both Landlord and Tenant,
and, if requested by landlord, to Landlord's lender, before cancellation or change in the coverage, scope, or arnount of any policy.
Each policy or a certificate of the policy, together with evidence of payment of prerniurns, shall be deposited with Landlord on or
before the ConunencentenI Date, and on renewal of the policy not less than ten (10) days before expiration of the term of the policy.
Landlord and tenant each hereby waive all rights of recovery against the other and against the officer's, employees, independent
contractors, agents and representatives of the other, on account of loss by or damage to the waiving party of its property of the
property of others under its control, to the extent that such loss or damage is insured against under any Cause of Loss- Special
Form Insurance policy which either, may have in force, or may be required by this Sublease Amendment to have in force,
whichever is greator, at the time of the Ioss or damage. Gach party sltall, upon obtaining the policies of insurance required under
this Sublease Amendment, give notice to its insurance carrier or carriers that the foregoing mutual waiver of subrogation is
contained in this lease, is such notice is required to give effect so such waiver.
21. Personal Property Insurance: All personal property is the sole responsibility and risk orTenarit, Tenant understands that
Landlord will not insure'renant's 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,
lie ludntg without Iiini(aIioil, damage or loss by burglary, Fire, vandalism or 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 darnage 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 perils normally included in an "all risk" or "special causes of Ioss" property insurance policy whether or not such Ioss
❑r 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.
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23. Utilities and Amenities; Tenant shall fully and promptly pay for all water, sewer, natural gas, garbage collection, telephone
service, electricity, and a I I other public utilities of any kind furnished to the Premises throughout the terns hereof and all other
costs and expenses of any kind whatsoever in connection with the use, operation, and maintenance of the Premises and all
activities conducted thereon. Landlord shall have no responsibility of any kind for any costs thereof and Landlord shall have no
liability resulting frotn any interruption of utility services caused by fire or 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 interrupled due to a cause within Landlord's reasonable control, artd ]air a nt is unable to, and does not, use the Premises
as a result of such interruption, and (ii) 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 afder receiving such notice, then rent
hereunder shall thereafter be abated until such tirne as such services ❑r utilities are restored or Tenant begins using [lie premises
again, whichever shall first occur, Such abatement ofrent shall be Tenant's sole recourse in Elie event of an interruptIoil ofservices
or utilities required to be provided by Landlord hereunder, Tenant shall control the Iamperat itre in the Premises to prevent freezing
ofany 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 pail 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 or the
Prernisas, 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: IfTenant becomes a Debtor under Chapter 7 of the Bankruptcy Code ("Code") or a petition for reorganization or
adjustment of debts is Filed concerning; Tenant under Chapters I I or 13 of the Code, or a proceeding is filed under Chapter 7 of the
Code and is transferred to Chapters 11 or 13 of the Code, the Trustee or 'Tenant, as Debtor and as Debtor -In -Possession, may not
elect to assume this Lease or 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 under the Lease and paid all sums dtic and owing to Landlord under the Lease, all
(b) deposited with Landlord a stun equal to two (2) rnonth's rent to be held by Landlord (without any allowance for interest thereon)
to sccure'renant's future performance under the Lease.
26. Eminent Duntain: If the whole of the Premises hereby leased shall be taken by eminent domain, then the term of this Lease
shall cease as of the day possession is taken by such public authority and the rent shall be paid tip to that date. If only a part of
the Premises shall be taken by eminent domain and the remainder of the Premises riot 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 reduced in
proportion to the amount of the Prernises taken, and Landlord, at its awn cost and expense, shall make all necessary repairs and
alterations in the Prernises required by such takirig; provided, however, that if more tlian fifty percent (501/0) of the floor area of
tither the building in which the Premises are located or the Project shall be taken by eminent domain, , then Landlord may elect
to terminate 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 tite 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 fixtures,
27. Best ructiott of the i'rcmises: If thu prCillises arc partially or Win Ily dc;stroycd by lire or ether casualty, thin Landlord Iteay
elect to either (a) restore the I'rerrtises to substantially the same condition as they were in immediately before such destruction, or
(b) tenminate this Lease effective as of the date of such destruction. If Landlord does not give Tenant notice within sixty (60) days
after the date of such destruction of its election to restore Elie Premises, then Landlord shall he deernad to have elected to terminate
this Lease, If Landlord elects to restore the Premises, then Landlord shall use commercially reasonable efforts to complete such
restoration within one hundred eighty ( 18 0) days after the date on which Landlord obtains all permits necessary for such restoration,
provided, however, that such one hundred eighty (180) day period shall be extended by a period equal to any delays caused by Force
Majeure, and such destruction shall not terminate this Lease, The terns "Force Majeure" means strikes, lockouts, labor disputes,
shortages of labor or materials, fire or other casualty, Acts of God or any other cause beyond the reasonable control of Landlord.
28. I)cf:rult: The occurrence ofany oftlte following shall constitute a default by Tenant under this Lease:
(a) Failure to Pity Rent. Failure to pay rent, CAM Charges or any other charges due to Landlord when due.
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(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) hours 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 failure
to comply.
(c) Other Defaults. failure to perform any other provision of tit is Lease, if (lie failure to perform is riot cured with in test
(10) days after notice ofsuch default has been given by Landlord to Tenant. If the default cannot reasonably be cured within tell
(10) days, then Tenant shall not be in default under this Lease if'renant commences to cure the default within ten (10) days and
diligently and in good faith continues to cure the default,
(d) Appointment of Trustee or Receiver. The appointment of a trustee or receiver to take possession of substantial I all
of file 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 MEachment, execution or otlie r judicial seizure of substantially all of Tenant's assets located at the Premises
or oFTenaitI's interest iit this Lease, where site It seizure is not discharged witltin 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 Ilse rent and other monetary charges
as they become due, without (crininating 'Tenant's right to possession, irrespective of whether 'Tenant shall have abandoned the
premises. If Landlord elects to not terntinatc tine Lease, Landlord shall have the right to attempt to rc- 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
rcasonabIc and necessary without being deemed to have elected to terminate the lease including removal ofaII persons and property
front the Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and For the account
of Tenant. [n the event any such re -letting occurs, this Lease shall temninate automatically upon the new Tenant taking possession
❑f tit Premises. No(witlistandirig that Landlord Tails to elect to terntinatc the Lease initially, Landlord at any time during the term
of this Lease may elect to terminate this Lease by virtue ofsuch previous default oi'TeIan 1.
(b) Terminate Lease. Tenninaw Tenant's right to possession by any lawful means, in which case [hiss Lease shall
terntinatc and'reliant shall immediately surrender possession of the Premises to Landlord, [n such event landlord shall be entitled
to recover front Tern alit all darn ages incurred by Landlord by reason of 'Tenant's default including witliotrt Iiniitat ioit thereto, the
following: (I) The worth at Elie time of award of any unpaid ]tent which had been earned at the time of such termination; plus (ii)
the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the
tithe of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iii) ill 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 reasonably avoided; plus (iv) arty outer amount necessary to compensate Landlord for all
the detriment proximately caused by Tenant's failure to perform 'its obIigat ioil s under this Lease or wltich in Elie ordinary course of
tItIFigs would be likely to result Ihere froin, iiiclLid irig 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 aftersuch default,
(C) preparing the Premises for relenting to a new tenant, including repairs or necessary alterations to the Premises for sLie h relettirig,
(D) leasing commissions, and (f) any other costs necessary or appropriate to relet the Prerises; plus (v) at Landlord's election, such
other aniounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. Upon arty
such re-entry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which
Landlord in its so to discretion doenis reasonable and necessary. As used in Subsection 29(b)(i) the "worth tit the tithe of award" is
computed by allowing interest at the rate of twelve percent (12%) per year from the date of default. As used in Sitbsectioris 29(b)
(ii) and (iii) the "worth at the titre of award" is computed by discountirig such amounts at the discount rate of twelve (12%) per year.
30. Deliveries to Premises and Trusts: 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 Landlord small prescribe for Elie
project. In event Landlord's rules so prescribe, Tenant shall provide adequate covered metal rcceptacles for trash, garbage and
other waste, located at Landlord's direction, and shall not be visible to members of Elie public. Tenant shall not permit an
acciill uIation of boxes, waste or other refuse matter. AI I trash cans must be kept inside of (lie unit.
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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 (lie date of move out, and surrender and vacate the Premises
in good condition, clean and free of debris inside and out, with all mechanical, electrical and plumbing systems in good operating
condition; all signage removed and any damage to the Premises resulting from removal afsignage properly repaired to Landlord's
reasonable satisfaction and all repairs called for under the Lease completed, The Premises shall be delivered in the same or belter
condition as at the commencement of the term, subject only to ordinary wear and tear. "Tenant acknowledges that Tenant wiII be
charged for the cleaning of carpet, blinds, and any excess dire, debris, 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 different color or walls become excessively stained or dirty, Tenant will be held responsible at
Tenant's sole expense, Far patching and priming walls prior to move -out. Tenant furtlier agrees to remove all of its furnishings
and trade fixtures that remain its property and properly repair all damage resulting from such removal to Landlord's reasonable
satisfaction. Failure to remove said property 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 expiratian or sooner lerininalion of this Lease sltall be considered
as abandoned by the Tenant and shall become and remain property of Landlord.
(b) If Tenant fails to vacate the Prein iscs upon the expiration or sooner termination of IItis Lease, then Landlord may
elect either (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 (ii) to eiect Teri ant from the Prem ices ail 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 with 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 terms 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 I 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 approval, Tenant shall have the right to cancel this Crease 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 notice ofcancel lation.
34. Notice to Vacate: Tenant shall provide to Landlord a written notice of intent to vacate Premises. Said notice is to be
received by Landlord 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 (thirty) days prior to the end oi'the
calendar month.
35. Hold -Over; If the 'Tenant shall, with the written consent of Landlord, hold over after expiration of the lernt of the Lease, or
extension hereof, such tenancy shall be for all indefinite period of time oil a month -to -month tenancy, which tenancy [nay be
terminated as provided by the laws of the State of Washington, During such tenancy, Tenant agrees to pay to the Landlord the
holdover rate as s c t forth in Pa ragrahh 3 1(b), unless a diMore nr rate is ate, reed upoll, aiid to be bound by all the terms, cove a,t11,ts,
and con diIions 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, successors and assigns of any or all of (lie parties
hereto.
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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, 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: Mike Sorensen
220 01 Ave 5
Kent, WA 98032
The address to which any notice, demand or other writing may be given, made or sent to either early may be changed by written
notice given by such party as above provided.
38. Fees; Deposits: 1 f Tenam vacates the Prem ises or defaults before the end of lease term, the last one ntonth's rent and security
deposit shall be forfeited. This does not alleviate Tenant's monthly responsibility to the monthly rent. If'renant faithfully
performs in accordance with the terms of (his Lease, the rent on deposit will be applied to the last one month's rent, providing
notice of termination is given in the timely manner set forth within.
Tenant hereby agrees to pay a one-time $120.00 (One hundred Twenty and No1100 Dollars) non-refundable cleaning fee
upon move out. This fee excludes the cost orcleaning the carpet and blinds and servicing the HVAC unit (if any),
Tenant's using a duntpster understands that the dumpster or cans must be kept inside the Premises. All dutnpsEers or trash bins
need to be picked up before move -out. Landlord will itot accept keys if receptacles are still on the property.
Any violation of this lease agreement that requires a legal notice will have a reasonable fee charged to Tenant.
To change the name on this agreement the 'Tenant will receive an administration fee of'$100.00 (One Hundred Dollars and
001� —
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 pennitted by law.
40. Attorney's Fees: If either party slialI bring, 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 or possession of the Premises, any trial, any appeal, or any
post judgment proceedings, or if eitlie r party engages an attorney to represent it in connection with the bankruptcy or reorganization
of (lie otlier party, then the losing party shall pay the successful parry a reasonable ruin 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 to.iudgmcnt.
41. Thne of Essence: *rinic is of the essence in this Lcosc 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
conducted on the Premises.
44. Envirorunental: The term "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 "l-1azardotis
Substance" shall mean any hazardous, toxic, infectious or radioactive substance, waste and material as defined or listed by any
Environmental Law and shall include, without Iimitation, petroleum oil and its fractions.
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(a) Use of Hazardous Substances. Tenant shall not cause or permit any Hazardous Substance to be spilled, leaked,
disposed of or otherwise released on or under the Premises. 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 rneasures to inill irnize 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 I Iazardous Substance on, under or adjacent to the Premises; (ii) any notice or communication from
a governmental agency or any other person relating to any Hazardous Substance on, under or adjacent to the Premises; (hi) 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 tip due to any hazardous waste or chemical spillage. This includes darnage
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
clean up area also includes ground dirt under Plernmons 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 1-Iazardous Substance on or under the
Premises caused by 'Tenant or any of its contractors, agents or 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 I-lazerdous
Substance, (ii) 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 (iii) provide
Landlord copies of all correspondence with any governmental agency regarding the release (or threatened or suspected release)
or the response action, a detailed report documenting all such response action, and a certification that any contain ination has been
eliminated, All such response action shall be performed, all such reports 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 [lie storage or handling of Hazardous Substances from the
Premises and restore the affected areas by repairing any darnage caused by the installation or removal ortho facilities, }=ollowing
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, incurred or paid by, or asserted
against Landlord, the Premises or the Project by reason of, or in connection with (i) any misrepresentation, breach of warranty or
other default by 'tenant under this Lease, or (ii) 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 t-lazardotts
Substance on the Premises or tfte Project. The provisions of this Section 44 shag I survive the expiration or sooner termination of this
Lease.
45. The following Addendunts are hereby incorporated and made part of this lease agreement: "A", "B", "C"
46. The following Exhibit is Isere by incorporated and made part of this Lease agreement: "A".
47. All rents are calculated based on a per unit cost and not per square foot cost. (All warehouse square f'ootages are estimated).
48. The tenant is provided with bay door in working; condition and no visual damage at the commencement of the lease term,
Any damage to bay door due to 'Tenants negligence will be subject to a charge of $450.00 (Four Hundred Fifty Dollars and
00/ 100) per each damaged panes.
49. The tenant is provided with a working condition tract which contains no visual darnage at the commencement of the lease
term. Any damage to bay door tract due to 'Tenants negligence will be subject to a charge of $700.00 (Seven Hundred Dollars
and 00/ 100) Tor the rc;placernent and or repair• of bay door tract.
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EXECUTED Tlils �� " - DAY OF NV4 .2021
LAN1)LORD: PLEMMONS I NDUSTR I ES. I NC.
ATTEST:
EXECUTED THIS 22nd DAY OF March
TENANT: CITY OF KENT
BY•_ _ __
Uana Raiph, Mayor
2021
Pcage 11 Qf 15 j
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ADDENDUM "A„
1MPORTAN'r INFORMATION FOR PLEMMONS INmis'nuAi, PARK
WAREHOUSE TENANT'S
PHONE NUMBER FOR UT1LIT] ES AN SERVICES:
Puget Sound Energy 1-888-225-5773
Post Office (Kent -Main, to set tip delivery) 253-520-7576
Allied Waste Garbage Service 206-652-8832
Comcast 1-800-603-6000
UTILITIES/SERVICES:
Will have meter read as close to day of possession as possible. The Landlord wilt allow three (3) business days before instructing
to discontinue service. It is the responsibi lily of the Tenant to contact the above tttilitieslservices and put these services into their
name prior 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 uni form W H IT 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 ca11 854-2333. Wood warehouse front signs are
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 [lie 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 EXCEPTIONS! Call the Property Manager for more information, Ail keys assigned at the commencement
of Lease must be returned. Each key not returned will be $10.001key. If no keys are returned the 'tenant will be charged for a
drill out fee or$40.00 and a re -key charge fee of $50.00.
RENT PAYMENT:
Rent is due on or before the FIRST of each month. Are payments are made out to PLEMMONS INDUSTRIES, INC. A
NOTICE OR INVOICE WILL NOT BE SENT OUT. It is the Tenant's responsibility to mail the rent payment or deliver it
to the main office during business hours. Monday -Friday 8:00 a.m. - 5:00 p.m. Tenatnts may mail the rent payment to Plemmons
Industries, Inc P.O. Box 1068 Kent WA 98035.
WATER METERS:
Access to tha unit for the sole purpose of reading the ineter is hereby considered authorixcd by the Tcnftnt. Report any water
leaks or running toilets immediately, Tenants will be responsible far and gilled for• excessive usage caused by a leak.
WATERISEWERiSTORM DRAINAGE BILLING:
Water meters will be read at time of occupancy or installation, and oil the I" of (lie nnonth and usage charges will be posted on
tlne I". A Plemmons and a City of Kent access and backflow charge will be added to each unit in the arnount of $3.00 (Three
Dollars and 00/100), as well as a nnonthly City of Kent Sewer fee in the amount of $4.00 (four Dollars and 00/100) per unit.
Both of these charges are subject to change. A monthly City of Kent Strom Drainage Fee of $39.97 ("Thirty -Nine Dollars and
97/ 100) will be charged per unit (this is subject to change witli a City of Kent rate change), The water/sewer and stoma drainage
bill is due and payable with the next months rent &. CAM payment on the first of the month. Water/sewer and storm drainage
bills not paid by the I Oth of (lie tnontlt will incur a S25.00 (Twenty Five Dollars) late fee. There is no grace period. if a water
mu
eter is not installed in your unit, You will be billed a pro rata share oFthe remaining water bill from the City of Kent.
'A
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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. Ifyou 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 soots 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 missed
during our inspection and/or something we believe we should fix for you. Please feel free to tail us ifyou have any questions.
RE BILLED MAINTENANCE COSTS:
The Tenant shall at its own expense maintain the interior of the Premises at ail times, as well as all doors, windows and glass. If
the'reliant f'aiIs to maintain the Premises or to make such repairs, the Tenant hereby agrees that the Landlord's maintenance staff
sliali make such repairs and bill the Tenant at the hourly rate of$40,00 (Forty Dollars) plus the cost of materials. if 7rt outside
contractor of vendor is used, it will be charged back to the Tenant at their cost.
GARBAGE:
Remember that the murba a cans duns stern recy cling containers anti other iradc related containers must be kc rt inside
our warehouse. They may be put out onpick-up day onl .
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 and 1621 Buildings. If'keys are riot returned at move -out a
$50.00 fee will be charged for drilling out the mailbox lock. Contact the Main Post Office located at 10612 SE 240th in Kent
regarding mail delivery, Their phone number is (253) 852-3950. We cannot set up your- mail service or handle your mail in any
manner.
PARKINGISTORAGE:
❑o not park in front of any ttnit(s) other than your own. Center area parking is common parking for'f enants and custorners only.
Guest parking does not allow overnight parking for Tenants or• Guest. Storage of any vehicle or trailer is not permitted. Any
vehicle left for overnight without the written consent of the Landlord will be subject t❑ towing at the owner's expense.. All
vehicles must be operational, as dictated by Washington Law. Failure to remove an unfit vehicle or trailer will result in removal
by a tow company at the Tenants expense.
ALARM SYSTEM & SURVEILLANCE CAMERA:
Ifyou wish to install an alarm system, the Landlord does not object. However, you need to secure written permission from the
Landlord. When ascertaining permission for ypur alar•tn 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. Tenant is allowed to prrt a carnera on the outside ofyour unit. It can only be used for surveil lance of the
front of your unit. Nothing can be drilled into the outside of the building or bay door.
WAREHOUSE FLOORS:
Painting of warehouse floors is strictly prohibited.
WAREHOUSE WALLS:
Nothing; can be attached, bolted to any of the warehouse walls for support. 11• the unit is in a corner space and a wall is
brick./concrete nothing is to damage or compromise the integrity of it,
Call the Property Manager at (253) 854-2600 if you have any needs or questions.
Page 13 of 15 L ��i T-21
Landlord; Plemmons Industries, Inc.
Tenant: CITY OF KENT
Dana EZalph, Mnynr — —
-1812 ,
Date I
03/2/2021
Date
Page 14 oj'15
AL
EXHIBIT "A"
SIGN CRITERIA
Northwest
Tape 8 Audio
QTepe 30
�Z'x�
16^ UP FROM Doom & YYINOOW RECi 1VING
Signs must
uu
nd windows (as per above sample.)
SHIPPING
• All signs must have radius corners, the body of the sign must be painted in Rodda Paint Cornpany's CP 13
Pigeon 11532001 with the edge trimmed in the Rodda Teal color IIK'r2496J 1791. Any "shipping" or
"receiving" signs will be in (lie Pigeon color base with Teal 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 are not acceptable.
■ Only one sign per'renant 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 of3' x C' sign above door, Tenant may install the Following:
• White vinyl lettering oi'business name may be applied to window. letters shall not exceed 3" in height
and must be centered on window, 16" down from top portion of window.
11age 15 aj' 15
Addendum B
In consideration of the execution or renewal of a lease agreement of the dwelling unit identified in the lease
agreement, Gwrter/Landlord and Tenant agree as follows:
l . Neither tenant nor any member of the tenant's leased space/unit not, a guest nor other person under the
tenant's control shall engage in criminal activity, including drug -related criminal activity, on or near the
said premises. "Drug -related criminal activity" means the illegal manufacture, sale, distribution, use,
possession or possession with intent to manufacture, sell, distribute, or use of a controlled substance (as
defined in Section 102 of the Controlled Substance Act 121 U.S.C. Section 802]).
2. Neither tenant, nor any mern ber of the tenant's spacelunit nor a guest nor other person under the tenant's
control shall engage in any act intended to facilitate criminal activity, including drug -related criminal
activity, on or near the said premises.
3. Neither tenant, nor any rnernber of the tenant's space/unit shall permit the dwelling unit to be used for
criminal activity, including drub -related criminal activity, regardless of whether the individual engaged in
such activity is a mernber of the leased spacelunit, or a gtiest.
4. Neither• tenant, nor any member of the tenants spa celunit nor a guest nor other person under the tenant's
control shall engage in the tmlawful manufacture, selling, using, storing, keeping, or• giving of a drug or
controlled substance as defined in Chapters 69,41, 60.50 or 69.52 RCW, at any location, whether on or near
the dwelling unit prernises or otherwise.
5. Neither resident, nor any member of the resident's spacelunit nor a guest nor other person under the
resident's control shall engage in any illegal activity, including prostitution as defined in RCW 9A,88,030
including but not limited to the unlawful discharge of Firearms, on or near the dwelling unit, or any breach
oftlie Iease agreement that otherwise jeopardizes the health, safety and welfare of the landlord, his agent or
other tenant or involving iinrnilie nt serious property damage, as defined in 9A,48.070-100 RCW•
6. Any tenant, or member of the tenant's space/unit, who is or has been a victim of domestic violence, is
encouraged to lake reasonable action so safeguard themselves, other members of the community, and
property from future inju:y or damage. 'Phis may include obtaining a protection order against potential
itbUse rs, fit irtg a copy of said protection order and a picture of the respondent with management, report any
violation of the protection order to the police and management, and prepare and file a personal safety plan
with management.
7. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE
VIOLATION OF THE LEASE AGREEMENT AND GOOD CAUSE FOR TERMINATION OF
TENANCY. A single violation of any provisions ofthis addendum shall be deemed a serious violation and
material and irreparable non-compliance. It is understood (lint a single violation shall be good cause for
immediate termination of the lease. There is no "good cause" requircr»ent in Washington for lease
terminations. Unless otherwise prohibited by law, proof of violation shall not require criminal conviction,
but shall be by a preponderance of the evidence. {Any violation of paragraphs I through 5 of this addendum
shall be a nuisance and landlord may terminate the lease or rental agreement pursuant to RCW 59.12.030,
Sub Section 5}•
8. Except as provided herein, the provisions of the lease agreement shall remain in full force and effect. In
case ❑f conflict between the provisions of this addendum and any other provisions of the lease agreement,
the provisions of the addendum shall govern.
9. 'rhis LEASE AGREEMENT ADDENDUM is incorporated into the lease agreement executed or renewed
this day between Landlord and Tenant
03/22/2021
Tenant S u Date
p ana nature property Name Date
iivi!-'tt�. 1
CM-04N.."Al
I7
ADDENDUM «C"
RENT SCHEDULE
Tenant covenants and agrees to pay Landlord a minimum monthly Rental Charge and CAM fees
for the Premises according to the following schedule:
June 1, 2021 through M av 312023 $2,225.00 (Two Thousand Two Flund red Twenty -live
Dollars and 00/100) RENT,
June 1, 2023 through May 31 2024 $2,325.00 (Two Thousand Three Hundred Twenty -Five
Dollars and 00/100) RENT.
June 1, 2021 through M ay 31, 2023 $510.00 (Five Hundred Ten Dollars and 00/100) CAM.
June 1, 2023 through May 31, 2024 $660.00 (Six Hundred Sixty Dollars and 00/100) CAM.
UP01) commencetnent, of the lease, Tenant agrees to match the last Month's Rent/CAM to equal
the monthly rent,
Additional Last Month's Rent Deposit - $250.00 (Two Hundred Fifty Dollars and 00/100).
Additional CAM De osit - $250.00 (Two} Hundred Fifty Dollars and 00/100).
Landlord: PLEMMONS INDUSTRIES, INC.
Date: 4 Ik_�I
Brie P1 in i erty anager
Tenant: CITY OF KENT
Dana Ralph, Mayas
�iA
Date: 03/22/2021
1609 1621
ACKNOWLEDGEMENT
(Corporate)
STATE OF WASHINGTON
County of !CUss.
I certify that I know or have satisfactory evidence that
appeared before me, and said person(s) acknowledged that
was authorized to execute the instrument
is/are the Person(s) who
signed this instrument, on oath stated that
and acknowledged it as the
of to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Given Under My Hand and Official Seal this day of
Notary Public in and for the State of WASHINGTGN
My appointment expires;
ACKNOWLEDGEMENT
(Corporate)
STATE OF WASHINGTGN
County of 1C� ss.
I certify that I know or have satisfactory evidence that BRIE PLEMMONS is the person who appeared before me, and
said person acknowledged that SHE signed this instrument, on oath stated that SHE was authorized to execute the
instrument and acknowledged it as the MANAGER of PLEMMONS INDUSTRIES, INC to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Given Under My Hand and Official Seal this day of , _r
R�tY L p �<<►►
• H o ry Public in and for the State of �IAIAI�Wlkfr-'Tn�q
N % AG l
��, ��'a,,�• 17 =` �0 My appointment expires: ,111►�IIQF►WAS' \"� �1~