HomeMy WebLinkAboutCAG2021-386 - Original - Kent Lions Club - 715 W. Smith Street Sublease Agreement - 07/01/2021Agreement Routing Form
For Approvals, Signatures and Records Managernent -
This form icmbines & repiaces the Request for Mavor s Signature and Contract Cover Sheet
{Print on pink or cherry colored paper)
FOR CITY OF KENT OFFTCIAL UsE ONLY
Contract Number:
Sup/Mgr:!/u_
Dir Asst: '€L
DirlDep: BA.
1'orms.KENT (Optional)
WA5HltctoN
2 Bb-)L
G
oL.eIL
Originator:
Diana Lazouski
Department:
Parks, Recreation & Community Services
Date Sent:
8t0612021
Date Required
ASAP
Authorized to Sign:
Director or Designee tttayo,V
Date of Council APBrovai:
0611512021
Budget Aacount Number:
54006900.64520.5945
Budset? flvesfli.ro
Grant?
Type
vesflruo
N/A
Category
Lease
Vendor Name:
Kent Lions Club
Sub-Category:
Original
Vendor'Number:
133257
Kent Lions Club Sublease AgreementPro.lect Name
prolect Detajis:This sublease iS between the City of Kent and Kent
of the property located at715 W' Smith, Kent, WA
Lions Club for a Portion
Basis for Seiection of Contractor, Other
* Memo to MaYot must be attached
rerminarion Dare: 06/3 112026
Ag.eemeni nmount: \l/ff
Start Date:
6* i neets req:itrements pet KC(. 3./0 i 0C. Dtease compiere 'Yendo: Purchase-Locat Ex.-eDtions' iorm on Cityspace
(KCC s.01.045;Business License Verification
Local Busi
Notice required prior to disclosure?
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9oa tDatc Routcd to the MaYor's Office b Ptl
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Date Routed tc the aity Clerk's Offce
ioilt^i )i7l_1_/l Visit Documents.KentWA.gov to obtain copies of all agreemenls rev.2A21A219
KENT
CITY CLERK
CITY OF KENT
22O 4rh Avenue South
Kent, WA 98032
Fax: 253-856-6725
PHONE: 253-A56-5725
WASHINGTON
Lease Agreement Cover Sheet
This document is to be used in lieu of the Contract Cover Sheet
SECTION 1 - CONTRACT PROCESSING AND TENANT SET.UP:
Contract Number: (to be completed by Clerk-'s Office)Ln6eoe.\- 3?+
1. Responsible Department/Division: Parks/Facilities
2. Contact Person and Title: Will Moore
Telephone Extension: 5081
3. Tenant (Customer) Name: Kent Lions Club
4. Tenant (Customer) Number: L33257
5, General Ledger Account Number: 54006900.64520.5945
6. King County Tax Parcel Number: 2422O4'9O9O
7. Address of Parcelz 7L5 W. Smith ST, Kent, 98032
8. Type of Lease: Lease Agreement
9. Council Authorization Date= 06lL5/2O2L
10. Mayor Signature Date:
SECTION 2 - LEASE DURATION AND IMPORTANT DATES:
11. Lease Start Date: 07/Ot/202I
12. Tenant Lease Option Renewal Notification Due Date: N/A
13. Lease Termination Date: 0613L/2026
14. Lease Duration: 5 years
SECTION 3 - RENT DETERMINATION AND DUE DATE:
15. Rent: $ 1,050.OO/month for the first two (2) years
16, Rent Due Date: 1st of each Month
17. Calculation of Rental Increase(s): Increase to $ 1,081.50/month for the
remaining three (3) years.
Lease Agreement Cover Sheet-Page L of 3
SECTION 4 - LEASEHOLD EXCISE TAX:
18. Is this lease subject to leasehold excise taxes?
n YES (go to Question 19)
X NO, reason; Privately-Owned Real Property (Charlie & Shirlev FamilY
Trr r st'l
19. Are leasehold excise taxes for this tenant centrally assessed, i.e.
directly collected from the tenant by the Washington State Department
of Revenue?
YES (attach written verification received directly from DOR or indirectly
through the tenant, €.9. DOR notification letter)
NO (go to Question 20)
20. Does Lease Rent include Leasehold Excise Tax?
(Leasehold taxes must be broken out on the invoice and coded: Business
u nit.32500.0303)
YES Calculate the leasehold excise tax (Stated Rent divided by
t.1284)
NO Calculate the leasehold excise tax (stated Rent times .1284)
SECTION 5 - APPLICABLITY OF UTILITIES:
ZI. 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 #62O'OL347
Sewer: City of Kent Acct #62O'OL347
Drainage: City of Kent Acct #52O'OL347
Garbage: Allied Wast
Electricity/Naturat Gas: Puget Sound Energy. Mutually agreed
upon prorated share of electricity expenses' years one and two
$57.75 per month and years three, four, and five $59.50 per month'
based on the percentage of square feet for the storage building and
office space.
SECTION 6 - MONETARY PENALTIES AND LATE INTEREST CHARGES:
IX
XXXX
22.
23.
Monetary Penalties: $1OO if rent is not received by 15th of month
Late Interest: All delinquent sums not paid within 15 days of due date shall,
at Landlord's option, bear interest at the rate of 8olo p€r annum. Interest on
all delinquent amounts shall be calculated from the original due date to the
date of payment.
Lease Agreement Cover Sheet-Page 2 of 3
SECTION 7 - OTHER LEASE CONSIDERATIONS:
Special lease considerations, e.g. non-monetary rent, etc Prime Lease Agreement
executed with property owner (Charlie and Shirley Perkins Family Trust) for the
period of June L,2O2L through May 31, 2026.
X None (check box if no considerations)
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 22O Fourth Avenue South, Kent, Washington, and KENT LIONS GLUB, 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 October 8,
2Ot9, between Charlie and Shirley Perkins Family Trust ("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, a copy of which is
attached and incorporated as Exhibit "B", and as provided in Section 17 of the Prime Lease.
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 feet)
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"); two (2) - 16'cargo trailers,
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 July 1, 2021 (the "Commencement Date")
and shall continue for a period of five (5) years, unless the Prime Lease is terminated before
such time. The Term can only be extended by written agreement between the pafties. 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 Fifty and No/100 Dollars ($1,050.00) per month, and for years three,
four, and five of this Sublease, Sublessee shall pay Sublessor the amount of One Thousand
Eighty-One and 50/100 Dollars ($1,081.50) per month, on or before the first day of each month
during the Sublease Term, and any other additional payments due to Sublessor, (collectively the
"Rent") when required under this Sublease. Payments for any partial month at the beginning or
end of the Sublease Term shall be prorated.
6. SEGURITY DEPOSIT
No security deposit is required of Sublessee under this Sublease
7. TAXES
Section 6 of the Prime Lease will only apply to this Sublease only to the extent that
Sublessee will be responsible for taxes on any form of personal propety tax or assessment as
described in that section, applicable solely to Sublessee's personal propefty, fixtures, furniture,
equipment, inventory or other items kept by Sublessee on the Sublease Premises.
8. 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. ACCESSANDRIGHTOFENTRY
Section 10 of the Prime Lease will apply to this Sublease, but will include a right of entry
for both the Sublessor and Landlord,
1(,. 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. UTtLrrrES
In addition to monthly rent, Sublessee will pay a monthly prorated share of Sublessor's
electricity expenses. For years one and two of the Term of this Sublease, Sublessee shall pay
Sublessor the amount of Fifty-Seven and 75/LOO Dollars ($57.75) per month, and for years
three, four, and five of this Sublease, Sublessee shall pay Sublessor the amount of Fifty-Nine
and 50/100 Dollars ($59.50) per month. The amount is based on the percentage of square feet
(approximately 2,155 square feet) for the storage building and office space of the Sublease
Premises in relation to the total square feet of the Premises under the Prime Lease, Payment is
due on the first day of each month, for the duration of the Sublease.
12. INSURANCE
Liability lnsurance. During the Lease Term, Sublessee 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 Sublessee's activities and
SUBLEASE AGREEMENT - Page 2
(between the City of Kent and Kent Lions Club)
b.
c.
d.
thOSe Of Sublessee'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.
Property lnsurance. 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 Sublessee as their interests may appear. In the event of a casualty
loss on the Premises, Landlord may apply insurance proceeds under the propefty
insurance policy in the mannerdescribed in Section 12(a) of the Prime Lease'
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.
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,
contrictors, licensees, agents, servants, employees, guests invitees, or 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
SUBLEASE AGREEMENT - Page 3
(between the City of Kent and Kent Lions Club)
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. NOTTCES
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 ceftified
mail, postage prepaid, to Sublessor or Sublessee at the below-listed addresses or a later changed
address provided in writing:
SUBLESSOR:
City of Kent
Attn: Facilities Management Superintendent
220 Fourth Avenue S
Kent, Washington 98032
(2s3) Bs6-s700
SUBLESSEE:
Kent Lions Club
Attn: Mark Taylor, Treasurer
PO Box 5094
Kent, WA 98064
(2s3) Bs2-s466
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
inltances, 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 costs
and attorney fees, including costs and fees for any appeals.
18. HEIRSAND SUCCESSORS
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.
SUBLEASE AGREEMENT - Page 4
(between the City of Kent and Kent Lions Club)
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, QUIET 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
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.
Severability. Any provision of this Sublease which shall prove to be invalid, void
or illegal snltt in no way affect, impair or invalidate any other provision of this
Sublease.
Force Mqjeure. 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'
Governing Law. This Sublease shall be governed by and construed in
accordance with the laws of the State of Washington, and venue shall be in King
County for all actions.
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'
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 t, 2O2L. Upon the effective date of this
Sublease, all prior acts consistent with the terms of this Sublease are ratified
and affirmed.
The foregoing conditions are mutually agreed to by Sublessor and Sublessee
SUBLESSOR(S): SUBLESSEE:
SUBLEASE AGREEMENT - Page 5
(between the City of Kent and Kent Lions Club)
a
b.
G.
d.
e
J.
KENT LIONS CLUB
hasu M6tffi""d {Arg 620r1 l1:36 PDr)
By . Gary Atwood
Its Kent Lions Treasurer
Dated Aug6,202I
SUBLEASE AGREEMENT - Page 6
(between the City of Kent and Kent Lions Club)
Dated:
APP DASTO RM
CITY OF KENT
By: Dana Ralph
Its: Mayor
ZV
L
Law Depa
STATE OF WASHINGTON
) ss.
couNTY oF KING )
on this tc day or
^uSu
)rzozr,before me a Public in and for the State of
personally known to meWashington, personally a
(or proved to me on the basis of satisfactory evidence) to be the person who executed this
instrument and acknowledged it to be hi
purposes mentioned in this instrument.
s/her free and voluntary act and deed for the uses and
STATE OF WASHINGTON ]
couNTY oF KING )
ss
I hereby certify that I know or have satisfactory evidence that Dana Ralph 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 Gity 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-
WHEREOF, I have hereunto set my hand and official seal the
day a e written
/l
z
OA NOTARY PUB in and for
of Washington, residing
My appointment expires
at
OFW
SUBLEASE AGREEMENT - PageT
(between the City of Kent and Kent Lions Club)
{
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
I-0
;;;
WA
M
te
I
Op
NOTARY UBLIC, in and for
a
l1 Jut;4 M T, r,n pn
-Notary Seal Must Appear Within This Box-
day and
of Washington, residing at
My appointment expires
bove written
EXHIBIT A
KENTttthttfttoa
FIRST AHEIID}IET'T TO
LEASE AGREE}IEI{T
EETWEETT THE CTTV OF l(EilT and th€ C}IARLTE AilD SHTRLEY PERKINS FAIIIILY
TRUST
Thls First Amendment (herelnafter 'Flirst Amendment'), to the Lease Agreement,
dated October 8, 1OLg, (hereinafter'Agreernent"), regarding property located at 715 W.
Smith St. is made and enlered into by and belayeen Chadie and Shirley Pe*ins Family Trust
(.[andlord'), and the City of Kent, a Washington muntolpal corForation (*Tenant"),
collectively the f Parties").
RECtrAls
A. The Agreement was originally made and entercd into by and between the Clty
and Charlie and Shirley Perkins.
B. Since entering into the Agreement, lt has come to the Parties attention that
the Premises subJect to tne ngreement is l€gally controlled by the Ctrarlte and Shirley
perkins Famlly Trust ('Trust'), of which both Charlie and Shirley Perkins were trustees.
Charlie Perkins is now deceased and pursuant to the Tntst, Shirley Perkins is now the sole
truste€-
C. The Parties enter into this Amendment to formally recognize the proper
ownershlp and consolidation of control over the Premises in Shidey Perklns, as sole trustee'
who will assume all Landlord responsibilaties under the Agreement.
AfvlENDl,lENT
NOW THEREFORE, in consideration of the mutual lntent, deslre and promises of the
Parties and other good and valuable consideration, the Clty and the Charlie and Shirley
Perkins Family Trust, through its sole trustee, Shirley Ferkins, agree as follows:
1. Interests Tranferred: On the effective date, all interests in the Agreement,
and all responsibilities thereinn is transferred to the Charlie and Shirley Perkins Family Trust,
and Shtrley Perklns, as sole trustee, will assume all interest and responsibillties under the
Agreement.
Z. Party Narne: Wherever in the Agreernent the names "Charlie and Shirle.tt
Perkins" apgear, such term shall be replaced with 'the Charlle and Shirley Perklns Family
Trust."
3. Notlces to be sent to: All communications regarding this Agreernent shall be
sent to the following contact:
Shirley Perkins
178L7 146tr Avenue 5E
Renton, WA 98058
i425) 226-ts53
RRST AMENDMENT TO LEASE AGREEMENT
(between Ctty of Kent and Shidey Perkins)
Paee 7
4. Ratifiratton All acts consistent with the authority 9f thil Amendment and
prior to its effJiliG}Eare ratified and affirmed and the terms of the Agreement and thls
Amendment shall be deemed to have applied.
S. Rematniggt pravtsians. Except as specifically amended by this Amendment, all
remainlng proffient shall remain ln full force and effiect'
The parties whose names appear below warrant that they are legally authorlzed to enter
into this Amendment.
11{ WITNESS, th€ partiec below have executed this Amendment, whlch wlll
bccome cffEctlva on the lart date wrltten bdow'
I.AIIDLORD;
Shir{eY Perkins
TE]IA1{T:
CIty of Kent
S*Tflta€
Print Name; Dana Ralph
DATE
{we)
gATE: 0510612021
AS TO
RRST AMENDMENT TO CONSULTANT SERVICE5 AGREEMENT
(between City af Kent and Nexus Youth & Families)
Page 2
LEASE AGREET{EIIT
THIS TEASE ls entered into between CHARLIE AND SHIRLEY PERKII{S' a married
couple f'LJndlord"), whose mailing address ls L78L7 146ih Avenue SE, Renton, WA 98058, and
THE CI1y OF KENT, a Washlngtbn municipal corporatlon ("Tenant"), whose mailing address
is 220 Fou*h Avenue South, Kent, Washington 98032.
1. PREMISES
The Landlord hereby lets and leases to Tenant the property located at 715 W. Smlth,
Kent, Washington. The area so leased is herelnafter called "the Premises" and is depicted in
Exhibit "A" attached and lncorporated by thls reference.
2. tsE
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 shatl be done on or around the Premlses
that is unlawful or that will increase the existlng rate of insurance on the Premises. Tenant
shall not commlt or allow to be commltted any waste upon the Premises, or any public or
private nuisance.
3. TERM
The Term of thls Lease shall commence on September 1, 2019 (the "Commencement
Date"), and shall continue for a period of five (5) years. This Term may be extended for one
additional five (5) year period by written agreement between the parties. Except as speclfied
elsewhere ln this
'Lease. Landlbrd represents and warrants to Tenant that the Premises,
including the structural condltion of the Premlses and the condition of all mechanlcal, electrical
and othir systems on the Premises are in a safe, good and usable conditlon sufficlent to meet
Tenant's intended uses. Prior to the end of the Term, Tenant may terminate this Lease by
givlng Landlord twenty (20) days written notice prior to-the end of the month' Landlord
iray -only termlnate this egreement under an Event of Default by Tenant, as provided in this
Lease.
4. REHT
Tenant shall pay Landlord the amount of Five Thousand Two Hundred Fifty and No/100
Dollars ($5,250.00) pei month for the first two (2) years of t[e Lease Term, and shall pay Flve
fhousand Four Hundred Seven and 50/100 Dollars ($5,407.50) per month for the remaining
three (3) years of the Lease Term. Tenant shall pay Landlord on or before the first day of each
monSr auiing 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 ior'any paftial 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 (sth) day of each
month. If any sums payable by tenant to Landlord under this Lease are not received by the
fifteenth (1S'6) day of each month, Tenant shall pay Landlord, at Landlord's option, One
Hundred a'nd ilo/ttjO 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 anj not paid widhin fifteen (15) days of the due date shall, at Landlord's option, bear
interest at the rate of eight percent (b%) 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 14
(between the City of Kent and Perkins)
5. @
Landlord acknowledges that Tenant has paid the sum of one Thousand and No/100
Dollars ($1,000,00) to Lanilord as a Securiry Deposit.under the prlor lease for the Premises
between the parties dated March 28, 2006,' tandlord may commingle the securlty Deposit
with its other funds. tf Tenant breaches an covenant or condition of this Lease, including but
not limited to the puyt"tt of Rent, Landlord may apply all or-any part of the Security Deposit
to the payment of a'ny iu* in deiault and any'damage suffered by Landlord as a result of
Tenant's breach, In such event, Tenant shail, withtn five (5) days after wrltten demand
therefore by Landlord, o"pouit with Landlord the amount so apdiea. Any payment to Landlord
from the Security d;"rit shall not be construed as a payment of liquidated damages for any
default, If Tenant ..i*pii"i *itf' ull of the covenants and conditions of this Lease throughout
the Lease Term or unv'"uiri"r termination as provided fo.r ln Section 3, the Security deposit
shall be repaid to Tenant without lnterest 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, r-andloJinall present to Tenant a copy of a'statement showing the amount paid
by Landlord for Taxes, along with satisfactory evidince that payment of Taxes has been made
by Landlord. fenaiit-tnuit tn"n reimburse Landlord for Taxes with Tenant's next rent
installment, If any fui"t paid by Tenant cover any period of time before or after the
expiration of the Term or any'earliertermination as providid for in Section 3, Tenant's share of
those Taxes paid will be prorated to cover only the perlod of tlme within the tax fiscal year
during which this tease was ln effect, and Landlord shall promptly reimburse Tenant to the
extent required.
The term ..Taxes,, shall mean: (i) any form of real estate tax or assessment imposed
on the premises Oy any authority, inciuding any clty, state or federal government, or any
improvement dlstrict, ii "guintt iny legat o-r equitabie interest of Landlord or Tenant in the
premises or in the rlur-pilp"tty of'whlch the Premises are a part, or against rent paid for
leasing the Premiset;-uni tiii iny fot* of personal property. tax or assessment lmposed on any
personal property, tixturei,'furniture, tenant impiovements, equipment, inventory, or other
items, and all replacements, improvements, and additions to them, located on the Premises,
whether owned Oy f-anatora'or i"nant. "Taxes" shall include any net income tax lmposed on
Landlord for income that Landlord receives under thls Lease.
Tenant may contest the amount or validity, ln whole or in part, of any Taxes at its sole
expense. Upon the termination of any such proceed.ings, T.enant shall pay the amount of sUch
Taxes or part of sucn iui"r as fin;lly determined, together with any costs, fees, interest
p"niiti"r, or other related liabilities. Landlord shall cooperate with Tenant in contesting any
iu*"r, piovided Landlord incurs no expense or liability in doing so'
7. RE-DELIVERY
Tenant. at the expiration of the Term, any extension Of the Terrn, Or Upon any sooner
termination of this feuie, will, without notlce, quit and deliver up the Premises to the Landlord
peaceably, quietly, a"dln JJ'gooO order and iondltion as the same now are, reasonable use
and wear excePted.
LEASE AGREEMENT - Page 7 of t4
(betwren the City of Kent and Perkins)
8. ALTERATIOilS
Tenant may make alterations, additions or improvements to the Premises
{"Alterations"), wlth the prlor written consent of Landlord, which shall not be unreasonably
withheld. The term "Alterations" shall not include the lnstallation of shelves, moveable
partltions, Tenant's equipment, and trade flxtures that may be performed without damaglng
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 Alteratlons
at Tenant's expense in compliance with all applicable laws and in accordance with plans and
speclflcatlons approved by Landlord, and using contractors approved by Landlord. Landlord
si.rall 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
premlses, in whlch 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 cjnsent 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 MAINTEI{ANCE
The premises are being leased "as is." Landlord is not obligated to make any repairs to
the premises, except as desciibed in this Section. Tenant shall, at lts sole expense, maintaln
the premtses in good condition and promptly make all repairs and replacements, whether
structural or non-structural, necessary to keep the Premlses ln safe operating condition,
includtng all utiltties and other systems senring the Premises, but excluding the roof,
foundation and exterior walls, whlch landlord shall malntain in good condition and repair at
Landlord's expense. Tenant shall not damage any demlsing wall or disturb the structural
integrity of the Premises and shall promptly repair any damage or injury done to any such
dem'ising walls or structural etements caused by Tenant or its employees, agents, contractors,
or invitees. Tenant shall malntaln the landscape ln a neat and attractive manner.
Notwithstanding anythlng in this Section to the contrary, Tenant shall not be responslble for
any repairs to- tne' Premises rnade necessary by the negligence or willful misconduct of
Landlord or its agents, employees, contractors or invitees therein.
10. ACCESS AND RIGHT OF ENTRY
After reasonable notice from Landlord (except in cases of emergency, where no notice
is required), Tenant shall permlt Landlord and its agents, employees and contractors to enter
the premises at all reasonable times to make repairso lnspections, alterations or improvernents.
This Secgon shall not lmpose any repair or other obligation upon Landlord not expressly stated
elsewhere in thls Lease. After reasonable notice to Tenant, Landlord shall have the right to
enter the premises for the purpose of showlng the Premises to prospective purchasers or
lenders at any tlme, and to prospective tenants wlthin 180 days prior to the _expiration or
sooner termination of the Lease Term, and for posting "for lease" slgns within 180 days prior
to the expiration or sooner terminatlon of the Lease Term.
11. SIGNAGE
Tenant shall obtaln 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 compllance with all appllcable laws. Tenant
snitt not aamage or deface the Premlses in lnstalling or removlng signage and shall repair any
LEASE AGREEMENT- Page 3 of 14
(between the Clty of Kent and Perktns)
injuryordamagetothePremisegcausedbysuchlnstallationorremoval.
12. DESTRUCTIONORCONDEMNATION
a, Damage and Repair' If the Premises are entirely destroyed or partially damaged by
fire or other casuity, then Tenant may, at its sole option, within fourteen (14) days of
the event .uuring [h" d"muge, terminate this Lease by provldlng- Landlord written
notice of termination, If Teninl does not terminate thls 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 restoratlon, If insurance
proceeds are available to Landloia Out are not sufficient to pay the entire cost of
restoring tne premLes, the Landlord may elect to terminate this Lease and keep the
insurance proceeds, by notifying ienant'wlthin 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 ruy, "t iG option: (a) terminate this Lease as provided hereln, or (b) restore
the Premises to their previous condition'
If Landlord restores the Premises under this Section, Landlord shall. proceed with
reasonable airigence to complete the work, and the b-ase monthly rent shall be abated
in the same proportion as the untenintable portion of the Premises bears to the whole
Premises, provided that there shall be a rent abatement only if the damage or
destruction oi tn" premises did not result from, or was not contributed to directly or
indirecfly by the act, fault or neglect of Tena.nt, or Tenant's offlcers, contractors,
licensees, subtenants, agents, sirvants, emplOyees, guests, invitees or visitors'
provided r-rnabiO cohpties with its obligations under this Section, no damages,
compensation oi ctaim shall be payable by [andlord for. inconvenience, loss of business,
or annoyance dlrectly, incidentaily or consequentially arising from any repair or
restoration f* ;t Joiion of the Premises. Landlord will not carry insurance of any
kind for tne piotlciion of Tenant or any lmprovements paid f,or by Tenant or as
provided in ixhibit B or on Tenant! furniiure or on any fixtures, equipment,
improvements or apputtenances of Tenant under this Lease, and Landlord shall not be
obligated to repair any damage thereto or replace the same unless the damage is
cauied by Landiord's negligence or willful misconduct'
b. If the premises are made untenantable by eminent domain, or conveyed.under a threat
of condemn.i[., g.tir t"aie shall iutomiti.ully terminate as of the earlier of the date
title vests in G lonJemning authority or the cbndemning authority. first. has possession
of the premiseiand itt nentl and othlr payments shall be paid to that date. In case of
taking or a part ortnu premises that does'not render the Premises untenantable, then
this Lease ,niti ionttnue in full force and effect and the base monthly rental shall be
eguitably 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 flrst has possession of...?u:h portion or title vests in the
condemning irinoritv. Landlord shall be entitled to the entire award from the
condemning authority attributable to tfre value of the Premises and Tenant shall make
no claim for ttre value of its leasehold" Tenant shall be permitted to rnake a separate
clalm for the value of its leasehold. Tenant shall be permitted to make a separate claim
against tne ionalmning authority for moving expenses or damages resulting from
interruption in its business, provided thal in no event shall Tenant's claim reduce
LEASE AGREEMENT - Page 4 af t4
(between the Ctty of Kent and Perkins)
L4.
13. UTILITIES
Landlord shall not be responsible for providlng any utllitles to the Premises, but
represents and warrants to Tenant that as of the Commencement Date, electrlcity, water,
sewer and telephone utilitles are available at or adjacent to the Premises, Tenant shall
determine whether the avallable capaclty 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 auiing the Term, whether or not such services are bllled directly to Tenant.
Tenant will also procure, or cause to be procured, without cost to Landlord, all necessary
permits, licenses or other authorizatlons requlred for the lawful and proper lnstallatlon,
maintenance, replacement and removal on or from the Premises of wires, pipes, conduits,
tubes and other.equipment and appliances for use ln supplying all utilities or seniices 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 contlnuing such utillties or
services.
INSURANCE
a. Liablllty insurance. During the Lease Terrn, Tenant shall pay for and maintain
commerilal general liabllity insurance with broad form property dama.ge and
contractual tnOitity endorsements. At Landlord's option, this policy shall name
Landlord and hndlord's lender(s) as an additlonal lnsured. Thls policy shall lnsure
Tenant's activities and those of Tenant's employees, officers, contractors, licensees,
agent5, seruant5, emplOyees, guests, invitees or visitors with respect to the
piemises agalnst loss, damage or liability for personal lnjury or bodily injury
(including diath) or loss or damage to property with a combined single limit of not
iess tnan $1,0S6,000, and a self-insured retention of not more than $100,000. The
tnsurance will be non-contributory with any llability insurance carried by Landlord.
b. Propcfi incurance, During the Lease Term, Tenant shall pay !'or af malntain
speitat 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 Landloid or Tenant from becomlng a co-insurer under the terms of the
policy, and in an amount not less than the tull replacement cost of the Premises'
witn'a deductible of not more than $10,000. The propefi insurance policy shall
name Tenant as the insured and Landlord and Landlord's lender(s) as additional
insureds, with loss payable to Landlord, Landlordt 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 Sectlon 12(a).
G. Miscellaneous. Insurance required under this Section shall be wlth 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 pollcy shall provide that it is not subJect to
cancellation or a riduction 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 tlme thereafter, copies of the
insurance policies or certlficates of insurance and copies of endorsements required
by this Section. In no event shall the limit of such policies be considered as llmiting
Landlord's award,
LEASE AGREEMENT- Page sof L4
(between the City of Kent and Perkins)
the liability of Tenant under thls Lease'
d.WalverofSubrogation.LandlordandTenantherebyrelease'eachotherandany
other tenant, their agents or emptoyees, from responsibllity for, and waive their
entire claim of recovery fo,. any ioii br damage arising from any.cause. covered by
insurance requireO to bL carriei gy each of them. Each party shall pr.ovide notice to
the insurance carrier or carri;;'oi tttit mutual waiver of subrogation' and shall
cause its respective insurance cirrters to walve all rlghts of subrogation against the
other, This waiver shall not apply to the extent of the deductible amounts to any
such polictes or to the extent oi iia'Uititi"r exceeding the limits of such policies'
15. INDEMNTFTCATION/HOLpHARMLESS
Tenantshalldefend,lndemnifyandholdLandlordharmlessagainstallllabilities,
damages, costs and expenses, including attorneys' fees,. for personal injury, bodily lnJury
(including dealh) o. p*p!*V damage utiJing iiom iny.negltgent or wrongful act or omission of
Tenant or Tenant,s officers. COntractors, licinsees, subtenants, agents, servants, employees,
guests, invitees, ot uiuit*t 'on or around the Premises, or arising from any breach of this Lease
by Tenant, Tenant ,rrutt ur" legal counsel acceptable to Landlord in defense of any action
within Tenant's aefen-se oOligatiori. t-anOlord shall'defend, indemnlfy and hold Tena-nt harmless
against all liabilities, damageS, Co5ts,."nd "*p"ntes,
lncluding attorneys'fees' for personal
injury, bodtty tn1ury fi"iitOf"S deatn) or property damage arising frorn any negligent or
wrongful act or omlsiion of iandlord- or Land'lord;s officeis, contractors, licensees, agents,
servants, employees, guests invitees or v-isitors on or around the Premlses, or arising from any
breach of this t-easJ'b;-iili;rd. Landlord shall use legal counsel acceptable to Tenant in
defense of any action *tf in iunalorO's deiense obligation. rhe provisions of thls Sectlon shall
survive expiration or termination of this Lease'
16. LIENS AND INSOLVEHCY
Tenant shall keep the Premises and property in which the Premises are sltuated, free
from any liens arising out of any work. pefoimed, materlals furnished, or obligations incurred
by Tenant. Tenant ,6utiino"*nify ana nold t-andlord harmless from llabillty for any such liens
including, without limitition, liens arislng from any Alterations' If a lien ls flled against the
premises by an person ifui*ing by, tnroriqh or under the Tenant, Tenant shall, upon requesL of
Landlord, at Tenant{ "*p""i*, immediatlly furnlsh. to. Landlord a bond in form and amount
and issued by a surety satisfactory to Landlord, indemnifying Landlord and. the Premises
agalnst all liabilitles, costs and expenses, including attorneysl fees' which Landlord could
reasonably incur as a result of such lien{s)'
17, ASSIGT{MENT
Tenant shall not assign, sublet, mortgage, encumber or otherwise transfer any interest
in this Lease (collectively referred to as a "Tiarisfer") or any part of the Premises, without flrst
obtaining Landlord's wiiit.n .ons*nt, which shall noi be unreasonably withheld or delayed' No
Transfer shall relieve fenant of any ilaUltity under this Lease.notwithstanding Landlord's
consent to such Transfer. consent to any such Transfer shall not operate as a waiver of the
"ui"itiiv ror Landlord's consent to any subsequent Transfer'
As a condition to Landlord's approval, if given, any potential assignee or sublessee
otherwise approved OV UanJiora shali assume aii obligations of Tenant under this Lease and
shall be joinfly and severally llable with Tenant and any guarantor, if required, for the payment
of Rent and pedormanc" oiaff terms of thts Lease. In connection with any Transfer, Tenant
LEASE AGREEMENT- Pase 6of t4
(between the City of Kent and Perkins)
shall provlde Landlord with copies of all asslgnments, subleases and assumption instruments.
This Lease shall be asslgnable by Landlord without the consent of Tenant. In the event
of any transfer or transfers of Landlord's interest in the Premlses, other than a transfer for
security purposes only, upon the assumption of this Lease by the transferee, Landlord shall be
automaticaliy relieved of obllgations and liabilities accruing from and after the date of such
transfer, except for any retained securlty deposit or prepald rent, and Tenant shall attorn to
the transferee.
Notwithstanding the foregoing, on June B,2A!Lt Landlord consented in writing to allow
Tenant to enter into a iublease igreiment with the Kent Llons Club for a portion of the
premises, and Landlord's consenifor the sublease with the Kent Lions Club remains in effect
for this Lease.
18. DEFAUTT
The followlng occurrences shall each be deemed an Event of Default:
it. Fallure to Pay. Tenant fails to pay any sum, includlng Rent, due under this Lease
following fourteen (14) days written notice from Landlord of the failure to pay.
b. Vacagon/Abandonmcnt, Tenant vacates the Premises (defined as an absence for at
least flfteen (15) consecutive days without prior notice to Landlord), or Tenant
abandons the iremises (deflned as an absence of five (5) days or more whlle 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, voluntarlly or involuntarily bankrupt, or a
receiver, assignee or other liquldating officer ls appointed for Tenant's business,
provtded thaf in the event of any lnvoluntary bankruptry or othe-r lnsolvency
proceedings, the existence of such proceeding shall constitute an Event of Default only
if such proleeding is not dlsmissed or vacated within sixty (60) days after its lnstitutlon
or commencement.
d. LcW or Executlon, Tenant's interest ln this Lease or the Premises, or any part
theriof, is taken by execution or other process of law directed against Tenant, or ls
taken upon or subiected to any attaihment by any creditor of . Tenant, if such
attachment is not diicharged within fifteen (15) days after being levied.
G. other Non-Monetary Defaults. Tenant breaches any agreement, term or covenant
of this Lease other than one requirlng the payment of money and not otherwise
enumerated in this Section, and the breach continues for a period of thirV (30) days
after notice by Landlord to Tenant of the breach.
19. REMEDIES
Landlord shall have the following remedies upon an Event of Default. Landlord's rights
and remedies under this Lease shall be cumulative, and none shall exclude any other right or
remedy allowed by law.
a. Termlnation of Learc. If an Event of Default occurs, Landlord may terminate
Tenant's interest under the Lease by giving thirty (30) days written notice of
termination from Landlord to Tenant. the Lease shall terminate on the date specifled
LEASE AGREEMENT - Page 7 of L4
(between the Oty af Kent and Perkfns)
in the notice of termination. upon termination of this Lease, Tenant will remain liable
to Landlord for damages in an "*ount tqual to the rent and other sums that would
have been owlng byT;nant under this Lease for the balance of the Lease Term' less
the net proceeds, lf any, of re-letting of the Premises by Landlord subsequent to the
termination, after deducting all Landlord's Reletting Expenses (as deflned .below)'
Landlord shatl 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, Landtord may accelerate Tenant's obligations under the Lease and recover
from Tenant: ttl unpiiJ i"nt which had been earned at the time of termination; (ii) the
amount by which if.ti ,np.fO rent which would have been earned after termination until
the time the award exceeds the amount of rent loss that Tenant proves could
reasonably nave'oeen avoided; (iii) the amount by which the unpaid rent for the
balance of the feim of the Lease'after the time of ihe award exceeds the amount of
rent loss that Tenani p.ou", could reasonably be avoided
-(discounting
such amount by
the discount rate of ifre Federal Reserve Bank of San Francisco at the tlme of the
award, plus 1olo); ino (iul any other amount necessary to compensate LandJord for all
the detriment prori111u'iety causeO 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 lirnitation, Reletting Expenses described in the following
Section,
b. Rc-Entry and Rclettlng. Landlord may continue this Lease in full force and effect,
and without demand Or notlce, re-enter and take possession of the Premlses or any
part thereof, expei-the Tenant from the Premises and anyone claiming through or under
the Tenant, and remove the personal property oI either. Landlord may relet the
premises, or any p"ti "r them, in tanolor'd's or Tenant's name for the account of
Tenant, for such drd of time and at such other terms and conditions, as Landlord, in
its discretion, riy determine. Landlord may collect and receive the rents for the
Premlses. ne-entry ortaking possession of the Premises by Landlord under this Section
shall not be construed as an elecHon on Landlord's paft to terminate this Lease, unless
a written notice oi ierminagon 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. r"n"ii *iif'-puv r-unatbrd the rent and other sums whlch would be payable
under this Lease ii i"po'ri"tsion had not occurred, less the net proceeds, if any, after
reletting tne premises, after deducting Landlord's Reletting Expenses' "Reletting
Expenses,, ls OefineJ to inctude all expenses incurred..by Landlord ln connectlon with
.*tbtting the premies, including without llmitation, all repossesslon, costs' brokerage
commlssions, attoffiti te"t, iemodeling and repair costs, costs for removing and
itoring Tenant's property and equipmint, and tenant improvements and rent
concessions grunt"i by t-andlord to'any new Tenant, for a period of six (6) months
from date of default.
c, Waiver of Rcdemption Rights. Tenant, for itself, and on behalf of any and all
persons ctaiming lhiougn or under Tenant, including creditors of any kinds, hereby
waives and surrenJ"ti Jff rights and privileges which they may have under any present
Or future law, to redeem th? Premises or [o have a continuance of this Lease for the
Lease Term, as it may have been extended'
d. Honpaymcnt of Addltlonal Rent. All costs which Tenant agrees to pay
-to.
Landlord
purru"nt to this Lease shall in the event of nonpayment be treated as if they were
payments of neni-ana ianJfora shall have all the rtgnts herein provided for ln case of
nonpayment of Rent.
LEASF AGREEMENT - Page 8 of 14
(between 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 followlng an uncured Event of Default, Landlord may, at
its option, remove and store the property at Tenant's expense and rlsk. 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
rnay'become a puichaser at such sale), in such manner as Landlord deems proper,
upon written notlce to Tenant. Landlord shall apply the proceeds of such sale: (i) to
the expense of such sale, lncluding reasonable attorneys' fees actually lncurred; (li) to
the payment of the costs or charyes for storlng such property; (iii) t9 the payment of
any other sums of money which may then be or thereafter become due Landlord from
Tenant under any of the ierms 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 permltted
by law or to foreclose Landlord's lien for unpaid rent'
20. HAZARDOUSMATERIALS
Landlord represents and warrants to Tenant that to the best of Landlord's knowledge,
there is no ',Hazardous Material" (as deflned below) on, in or under the Premlses as of the
Commencement Date, excepts as otherwlse disclosed to Tenant ln wrlting before the execution
of this Lease,
Tenant shall not cause or permit any Hazardous Materlal to be brought upon, kept or
used ln 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 lncluding biomedical waste whlch is or becomes
regulated by any locai governmental authority, the State of Washington or the United States
goie.nmend Ou6 to itJpotential harm to the health, safeff or welfare of humans or the
invlronment, The provistons of this Section shall survive expiration or termination of this
Lease.
2T. NOTICES
All notices to be given by the parties hereto shall be in writing and effective (l) when
delivered in person, or iiil tnree (S)'days after belng sent by United States registered or
certified mail, postage prlpaid, to Landlord or Tenant at the below-listed addresses or a later
changed address provided in wrlting:
LANDLORD:
Charlie and Shirley Perkins
I78t7 146s Avenue SE
Renton, WA 98058
(42sr 226-Les3
TENANT:
City of Kent
Attn; Facilities Management Superintendent
220 Fourth Avenue S
Kent, Washington 98032
(2s3) 856-s7oo
LEASE AGREEMENT - Page 9 of 14
(between the Ctty of Kent and Petkins)
22. NON-WAIVER
The failure of Landlord to inslst upon strict performance of any of the covenants and
agreements of this ;;;4, or to €xercise any option hereln conferred in any one or more
instances, shall not be construed to Oe-a waivlr or relinquishment of the covenants and
agreements of thls f""tu, ot uny other covenant or agreements, but the same shall be and
remain in full force and effect. tne accepiance by tandlord of Rent or other amounts due by
Tenant hereunder shall nol be deemed to'be a wuiu"t 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 ii fenant shall bring any action for 1ny 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. tlErRs AND SUCCESSORS
Subject to the asslgnment and subletting provlsions, the covenants and agreements of
this Lease shall bind the heirs, executors, admin"islrators, 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
terminaflon of this i".r", such tenancy shall be a month to month tenancy, termlnable as
provided by the faws oi tne State of Wainington. Durlng such tenancy, the rate of rental shall
remain equal to the rate last payable under this Lease'
2;6, suBoRDrt{ATlol{
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 Prernises including any advances,
lnterest, modificationrr--ieneiafs, replacements or extensions ("Landlord's Mortgage")'
proutA"i the hotder oiiny Linatorit's ubrtgage of.aly person(s) acqulring the Premlses at any
sale or other proce.Jing ,t'J"t any such tindlord's Mo*gage shall elect to continue this Lease
in full for." ana effeit.- Tenant shall attorn to the holder of any Landlord's Mortgage or any
person(s) acquiring the Premises at any sale or other progeedlng under any Landlord's
[4;'d;;; proiiaea- such person(s) assume the obllgations of Landlord under this Lease'
Tenant shalt promptiy ani in no event later than fifteen (15) days 1fte1. reg.uest execute'
ait<nowledge and
'deiiver documents which the holder of any Landlord's Mo*gage may
reasonably require ui fu*h", evidence of this subordination and attornment. Notwithstanding
the foregoing, fenantCobligattons under thls Section are conditioned on the holder of each
Landlord's Mortgage and each person acqulring the Premises at any sale or o.ther proceeding
under any such Landlord's Mortgage not iistur-ning Tenant's occupancy and other rlghts under
this Lease, so long as no uncured Event of Default exlsts'
27. OUIET ENJOYMENT
So long as Tenant pays the Rent and performs all of its obligations in this Lease'
LEASE AGREEMENT- Page 10 of 14
(between the Ctty of Kent and Perkins)
Tenant's possession of the Premises will not be disturbed by Landlord o1 any clalmlng by,
through, or under Landlord, or by the holders of any mortgage of Landlord, or any successor
thereto,
GENEIRAL
a. Entire Agreement. This Lease contains all of the covenants and agreements between
Landlord and Tenant relatlng to the Premises, No prior or conternporaneous
agreements or understanding pertalning to the Lease shall be valld or of any force or
effect and the covenants and agreemenis of this Lease shall not be altered, modifled 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 lllegal
shall in no way affect, impair or invalidate any other provision of this Lease.
c. Force MaJeure. Tim periods for elther party's performance under any provisions of
this Lease- (excluding payment of Rent) shall be extended for periods of tlme durlng
which the party's pekor."n.e is prevented due to circumstances beyond such party's
control, including without limitaiion, fires, floods, ea*hquakes, lockouts, strikes,
embargoes, gove-rnmental regulations, acts of God, public enemy' war or other strlfe.
d. Governlng Law. This Lease shall be governed by and construed in accordance with
the laws of the State of Washington.
e. Authority of pa*ies. Any individual signinE this Lease on behalf of an entity
representi and warrants to the other that such individual has authority to do so and,
upon such lndlvidualt executlon, that this Lease shall be binding upon and enforceable
against the party on behalf of whom such indlvldual is signing,
l. 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.
28.
LANDLORD(s):
Charlie Perki
"r)ticlDated
Shirley Perkins
Dated
LEASE AGREEMENT- Page 11 of 14
(between the City of Kent and Perkins)
/clIt uz..t-/'-- ,. , '.*it-+
TET{ANT:
CITY OF KENT
By: Dana RalPh
its: Mayor
Dated o
Law
STATE OF WASHINGTON
COUNW OF KING
ss.
)
)
)
On this LV day of '1 , zOLg, before me a -Notary Public..in. and for the
State of Washingt*, pltton.tfy appeared Charlie Perkins, personally known to me
(or proved to me 6ti tt" laiis'6f 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 lnstrument'
-Notary Seal Must Appear Within This Box-
STATE OF WASHINGTON
COUNTY OF KING
-Notary Seal Must Appear Within This Box-
LEASE AGREEMENT- Page 12of L4
(betwen the City of Kent and Perkins)'
ss.
On this Z? day of q , ZAtg, before me a _Notary Public in and for the
State of Washington. p.tson'atty appeared Shirley Perkine, personally known to me
(or proved to me i'i tn" basis'of satisfactory evidence) to be the person who
executed this lnstrument and acknowledged it to be hislher free and voluntary act
and deed for the uses and purposes mentioned in this instrument'
STATE OF WASHINGTON )
COUNTY OF KING )Qtt fuNu
Dena4alfh is
ss.
I hereby ceftify that I know or have satisfactory evidence that
the person who appea red before me, and said person acknowledged that she signed
this lnstrument, on oath stated that she is authorized to execute the instrument on
behalf of the City of Kent as its be the free and
voluntary act of such partY for the in the foregoing
instrument.
lltt\\
LEASE AGREEMENT- Page lSof 14
(between the Ctty of Kent and Perklns)
-Notary Seal Must Appear Within This Box'
trott7
d and officialIN WITNESS WHEREOF,
sea
at
for
have hereunto set
year flrst a
NOTARY PUBLIC, ln
of Washington, reslding
My appointment exPlres
EXHIBIT A
[Legal Description]
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LEASE AGREEMENT - Page 14 of 14
(between the Oty of Kent and Perklns)
EXHIBIT B
June B, 2011
Charles Lindsey
City of Kent
220 4rh Avenue South
Kent, WA 98032
, Re: Lease Agreement between Charlie and Shirley Perkins and the City of Kent for
property at 715 West Street, Kent, Washington
Dear Mr. Undsey:
Thls letter wlll serue as my consent for the City of Kent to enter into a sublease
agreement with the Kent Li0ns Club for a portion of the above-referenced property.
This consent ls given in accordance with Secfion 17 of the Lease.
Sincerely,
Charhe Perkins
SUBLEASE AGREEMENT - EXhibit B
(betwen the City of Kent and Kent Lions Club)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/OOTYYYV}
6t't212021
REPFESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDEF
TECA THHOLDEF rsTHEUPONCERTIFIANDYNOCONFERSBIGHTSTTERMAINFORMATIONOFONLctstsERTIFICATEEOISSUAASTHBYAFFORDEDPOLICIESTHEALRTECOVERAGETHEOREXTENDYTIVELNEGAORYTIVELAMEND,TECERTIFICA NOTDOES AFFIHMA AUTHORIZEDISSUlNGBETWEENCONTRACTNSUFER(S),THENOTDOESNcoASTITUTECERTIFICATHISOFTEINSUFANCEBELOW
II SUBROGATION IS WAIVED,
thls certlllcate does not confer
AS AN ADDITIONALPORTANTT ll the certlllcate holder
lncerlatheandnscondltloolth6IlolermPollcY'sublect
lleuln euchothtrholderthecerllflcatc
provislons or bepolicy(les) must
may requlre rn endorsemgnt. A Slatement on
006
- USUnFF(q)4FFoRD]!\19 9-oVEn49E- , --, --.
lnsurance
IIISUREF D:
INSUREB E;
PFODUCEF
Arthur J. Gallagher Risk Management Services, lnc
777 1O81h Ave NE, {200
Bellevue WA 98004
KENTCOR-02INSUREO
Kent Lions Club
PO Box 5094
Kent WA 98064
U 881 001 89 NUMBEF:
TYPE OF INSURANCE LIMIYS
MAY
THEFOR PERPOLICY toDINSURETHENAMEDDABOVEBEENHAVETOISSU€DESINSURANCOFLISTEDEBELOWISTHTOISTHACERTIFYTHETPOLIC TO WH THlcH ISEFIWITHDOCUMENTRESPECTOFCONTFACTANYOTHORHMTEORDITcoNtoNANDINGNOTWITHSTRANYEOUIBEMENTICATED.tNo ALL TETHE HMSTONHEFEIcUBJECTSBYEDTHEESPOLICIDESCRIBEDINSURANCETHEFFOHDATEFICAMArssBEORUET)PERTAIN.MAYERTI
BYFEDUCED CLAIMS.PAIDSHOWNHAVENBEESUCHOFLIMITSPOLTCTES.ANDEXCLUSIONS CONDITIONS
l:00q10!0,,_-_..
$ 1.000,000
s 1,000.000
$ Excl
s 1,000.000
$ 5,000,000GENERAL AGGREGATE
PRODUC?S-COMPiOP AGG
6t10t2021 611012022
oeart!g{!iql
YED FIP-{Alviry-IryLsl}-
sNcGL020s1 04COMMERCIAL GENEHAL LIABILITY
oLAIMs.MADEiXioccun
LIMIT APPLIES PER
X lP"ot [" -l 'o"
GEN'L
POLICY
EODILY INJURY {Per P8rson)
BODILY INJUnY (PBr {ccident}SCHEOULEO
AUTOS
NON.OWNED
AUfO$ ONLY
OWNED
AUTOS
HINED
AUTO$
AUTOMOBILE UAEILITY
ANY ALiTO
ONLY
ONLY
EACH OCCUBRENCE
AGGREGATE
UMORELLA LIAB
EXCEgS LIAS
OCCUR
CLAIMS.MAOE
N/A
WORKEFS COMPENSATION
AIID EMPLOYERS' LIABILITY
ANYPqOPFIETOR/PAFTI.IER/EXECUTIVE
OFFICERiMEMBEREXCTUOED?(Mrndstory h NH)
IN
dsscrabe uudsr
CERTIFICATE
@ 1988-2015 ACORD CORPORAION. Alltlghte ressrued,
CITY OF KENT
4OO WEST GOWE
Kent WA 98032
SHOULO ANY OF THE ABOVE DESCFIBED POLICIES BE CANCELLEO BEFOFE
THE EXPIRATION OATE THEREOF, NOTICE WILL BE DELIVEFED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
AUTHOFIZED REPNf, SEilTANVg
{,ru5#t-' "*
ACORD 25 (2016/03)The ACORD name end logo are reglstsred marks ol ACORD
2'ol2 3990
Signature: %
Emaik wmoore@kentwa.gov
Signature: ,e*Z/b17
Emaik rlashley@kentwa.gov
Signature:l;-z+*
Brian Levenhagen (Aug 9, 2021 16:41 PDT)
Email: bjlevenhagen@kentwa.gov
Created:
By:
Status:
Transaction lD:
2021-08-06
Diana lazouski (Dlazouski@kentwa.gov)
Signed
CBJCHBCAABAAITTEZB-RW3APfl TSO-POOYZFA-J7Ru-
FAC-Kent Lions Club Lease REVISED
FinalAudit Report
''FAC-Kent Lions Club-Lease REVISED" History
fi Document created by Diana lazouski (Dlazouski@kentwa.gov)
2021-08-06 - 4:52:43 PM GMT- lP address: 146.129.252.126
fl. Document emailed to Will Moore (wmoore@kentwa.gov) for signature
2021-08-06 - 5:02:36 PM GMT
* Emailviewed by Will Moore (wmoore@kentwa.gov)
2021-08-06 - 5:05:51 PM GMT- lP address: 146.129'252.126
r}6 Document e-signed by Will Moore (wmoore@kentwa.gov)
Signature Date: 2021-08-06 - 5:07:00 PM GMT - Time Source: server- lP address: 146.129.252.126
F} Document emailed to Gary Atwood (gary.atwood@comcast.net) for signature
2021-08-06 - 5:07:05 PM GMT
fl Email viewed by Gary Atwood (gary.atwood@comcast.net)
2021-08-06 - 6:13:54 PM GMT- lP address: 174.204.75.20
ds Document e-signed by Gary Atwood (gary.atwood@comcast.net)
Signature Date: 2021-08-06 - 6:36:00 PM GMT - Time Source: server- lP address: 216.160.120.30
['] Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature
2021-08-06 - 6:36:06 PM GMT
S Emaitviewed by Ronald Lashley (rlashley@kentwa.gov)
2021-08-09 - 8:29:32 PM GMT- lP address: 146.'129.252'126
de Document e-signed by Ronald Lashley (rlashley@kentwa.gov)
Signature Date: 2021-08-09 - 8:30:14 PM GMT - Time Source: server- lP address: 146.129.252.126
il* Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov) for signature
202'l-08-09 - 8:30:19 PM GMT
2021-08-09
@ naou" sisn
e Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov)
2021-08-09 - 11:41:04 PM GMT- lP address: 146.129'252.126
dE Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov)
Signature Date: 2021-08-09 - 1 1:41 :50 PM GMT - Time Source: server- lP address: 146.129'252'126
Q Agreement completed.
2021-08-09 -11:41:50 PM GMT
@ noou. sisn