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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? Z*o I .9rh. G El-orF tr rh. tr at EooLEl Ro\a{*-d "fo LRq?offi -c0? {u rvt, Comments: L-I '/ Sltrl2rDate Received bv CitY AttorneY: 9oa tDatc Routcd to the MaYor's Office b Ptl C'Ttr rbt J\.o E .,,q'teo=0ci tg =.9tn 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] SCHE,DUI F (Co*iouc,l)A Orr&rNc:l'ffiNo.i u01201lla r. fttr f,,lraava uc^.L DESCflrrrtoil E (Htltl (Psr*npl r of Scts{ulc A mtiaudar} PMCZL lt AL! ot ?tit fouplttlrt DESCrls€D ?R6!ElTf , SITUAT8D !x tCCttOX &, fol{lgxll 22 fio*Til. i,tilGa I grST 0P x.ll,r lH lutlc courTY. wlsllltlGlltu; qE{rffilr$o A? 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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