HomeMy WebLinkAboutCAG2024-232 - Original - Plemmons Industries, Inc - Signal Shop Lease - 06/01/2024 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
• For Approvals,Signatures and Records Management Dir/Dep:
KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional)
WASHINGTON Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Rob Brown Public Works
Date Sent: Date Required:
> 05/21/2024 5/22/2024
0
a
Mayor or Designee to Sign. Date of Council Approval:
CL
Q Interlocal Agreement Uploaded to Website 5/07/2024
Budget Account Number: Grant? Yes NoF1/1
11105280.64520.7490
Budget?aYes❑No Type: N/A
Vendor Name: Category:
Plemmons Industries, Inc. Contract
Vendor Number: Sub-Category:
c
Original
0
M Project Name: Signal Shop Lease
GProject Details: Lease warehouse space for 36 months at the Plemmons Industrial Park, 1621
S Central Ave units 24 and 25, for Traffic signal system storage and
C
workspace.
C
Basis for Selection of Contractor: Other
Agreement Amount:'$116,100 *Memo to Mayormust be attoched
Start Date: June 01, 2024 Termination Date: May 31, 2027
4711
Q Local Business?❑Yes❑No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: Yes❑In-Process❑Exempt(KCC 5.01.045) El Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
ElesE]No CAG2024-232
Comments:
1A This is a replacement to the previously signed documents - attached is the
a�
W complete lease to be signed, initialed and notarized.
v a�
Please sign, initial, and notarize ASAP. Thank you!
3 0
Oak_r�
Date Received:City Attorney: 5/21/24 Date Routed:Mayor's Office 5 a�ZA City Clerk's Office
adccw22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201
PLEMMONS INDUSTRIES9 INC.
1311 CENTRAL AVE SOUTH,SIR E 201 KENT,WASHINGTON 98032
1ILRIMMOAINDUSRIESTELEPHONE(253)854.2600 FACSIMILE(253)852-7368
l'L1+;14M(.) 1II:i
ro6ri IitLlalNCt P.O.BOX 1068 KEN'r,WA 98035
www,plemmonsindustries.com
LEASE WAREHOUSE
TIJIS LEASE,dated the 29th day of Februar ,2024„by and between PLEMMONS INDUSTRIES,INC..,as"Landlord",and
CITY OF KINT as"Tenant", is upon the following terms and conditions:
1. Premises: Landlord leases to Tenant and Tenant leases from Landlord the premises situated in Kent, Washington, (the
"Premises")legally described as follows:
Unit(s)24&25, Plemmons Industrial Park, 1621 Central Avenue South, Kent, Washington,being a portion of
Lot 19,Horseshoe Acre Tracts to Kent,as per plat recorded in Volume 15 of Plats oil Page 10, Records of•King
County,Except the East 10 feet thereof conveyed to King County for Road;and Except the West 15 feet thereof;
Situate in the City of Kent,County of King,State of Washington,
2.Term of Lease:The term of this Lease shall be for 3 'I•hreejYelrs,0(Zero)Matrehs,and 0(Zero)Da s,and shall commence
on the l at day of J,tLi1q,2�„(the"Commencement Date")and end on the day of 31 st of May,ZM,,(the"Expiration Date"), .
3.Minimum Rent;CAM Charges;Common Areas: a)Tenant covenants and agrees to pay to Landlord as base rental for the
Premises,without deduction,offset,prior notice or demand,in advance,a minimum monthly rental of 12,425.00(Two Thousand
Four Hundred Twenty-Five Dollars and 00/100). All rents specified herein to be paid to I.,andlord are payable in advance on
or before the first day of each month during the term of this'Lease. Rent shall be payable to the Landlord at P.O. Box 1068,
Kent,WA 98035,or to such other patty or such other place as the Landlord may hereafter designate in writing. If Landlord
consents, Tenant may occupy the Premises prior'to such commeneetnent date upon payment of rent on a prorated basis and
compliance with all terms of this Lease.i.,ast Month Rent/CAM Deposit increase of the lcase.Letm shall be pAidjRgn exepution
cif.tbis,_lem,ref�er to Addendum.._(,,Any mo uetary(amounts;clue tinder this le 11 ase agreement shall be considered "Rent or
"Additional Kent."
b)Tenant shall pay to Landlord,as additional rents,an amount estimated by Landlord to be'ronant's share of Common
Area Maintenance Charges("CAM Charges)")(as defined in'this section). This amount is payable on or before the first day of
each month during the term of this Lease. Tile monthly CAM Charge at the start of the lease term shall be $800.00 (Eight
Hundred Dollars and 00/100). The;Land lord:can adjust the monthly CAM Charge at any time during the term of this Lease on
the basis of Landlord's then reaso flab]e,'antic1pated.costs for the2. eUrront accoun tang period:''Ali accounting period is one(1)frill
calenclar year,except that the first accounting period shall commence on tine date the term commences and the last accounting
period shall end on the date the term expires or terininates. The term"Common Area Maintenance Charges"means and includes
all sums expended by Landlord for the supervision,management,operation,maintenance and repair of the common areas and an
allowance to Landlord for Landlord's supervision of maintenance and operation of the common areas, including without
limitation, the costs of each and all of the following items: sweeping; resurfacing and re-striping of parking lots; repainting;
building and improvements repair;landscaping;ice and snow removal;supplying directional signs and other markers;car stops;
lighting;insurance premiums,water and all utilities not paid directly by Tenant;and other costs necessary in Landlord's judgment
for the supervision, management, operation, maintenance and repair of the common areas. CAM charges for the first and last
months of the lease term shall be paid upon execution of this lease.
e)Landlord reserves the right from time to time to alter said common areas and to exercise control and management of
the common areas and to establish,modify,change and enforce such rules and regulations as Landlord in its discretion may deem
necessary and desirable. Tenant agrees to abide by and conform to such rules and regulations and shall be responsible for
compliance by its employees,agents,customers and invitees. The failure of Landlord to enforce any of such rules and regulations
against'1 enant shall not be deemed as a waiver of same. Landlord shall have the right to implement access hours to the common
areas or close all or any portion of common areas at such times and for such periods as may,in the opinion of the Landlord,be
necessary to prevent a dedication thereof, or to preserve the status thereof ats private property,or to prevent the accrual of any
rights in any person;and Landlord may also close said common areas for purposed of maintenance and repairs as may e r
from time to time. _. _._.�.
ORIGINAL _m mm
4.Security Deposit: Upon execution of this Lease,Tenant currently has on deposit$1,500.00(One Thousand Five Hundred
Dollars and 00/100), with Landlord (hereinafter referred to as"the Security Deposit"),to secure the faithful performance by
Tenant of each tern,covenant and condition of the Lease. If Tenant at any time,fails to make any payment or fail to keep or
perform any term,covenant and condition on its part to be made or performed or kept under this Lease,Landlord may,but shall
not be obligated to and without waiving or releasing Tenant from any obligation under this lease,use,apply or retain the whole
or any part of the Security Deposit(a)to the extent of any sum due to Landlord;(b)to make any required payment on Tenant's
behalf;or(c)to compensate Landlord for any loss,damage,attorneys' fees,or expense sustained by Landlord due to Tenant's
default. hi such event,Tenant shall,within five(5)days of written demand by I:,andlord,remit to Landlord sufficient funds to
restore the Security Deposit to its original sum,and Tenant's failure to do so shall be considered a material breach of the Lease.
Tenant shall not be entitled to interest on such deposit.The rights of the Landlord against the Tenant for a breach of this Lease
shall in no way be limited or restricted by the Security Deposit,but Landlord shall have the absolute right to pursue any available
remedy to protect its interests herein,as if this deposit had not been made. Should Tenant comply with all the terms,covenants
and conditions required by this Lease,the Security Deposit, less any sums owing to Landlord,shall be returned to Tenant within
a reasonable time after termination of the Lease,vacation of the Premises by Tenant.Should the Premises he sold,Landlord may
transfer or deliver the Security Deposit to purchaser of the interest and Landlord shall then be discharged from any further liability
with respect to the Security.Deposit.
5.Interest and Late Cha►•ges: (a)All amounts payable by'1'enant to Landlord,including without limitation,rent,CAM
Charges,other charges due to Landlord and any amounts pain by Landlord on behalf of Tenant and reimbursable to Landlord,
not paid within ten(10)days of when due,as required herein,shall bear interest at the rate of twelve percent(12%)per year
from the date of any delinquency in payment thereof to the date paid. In addition,Rent,CAM charges,and all other monies
owed are due and payable on the 0 day of each month.if however,all such amounts due have not been received by
Landlord by the 1st day of the month,Tenant shall incur a$75.00(Seventy Five Dollars and 00/100)late fee and on the 211a of
the month and an additional$10.00(Ten Dollars and 00/100)a clay,charge,for each day thereafter,until all monies are paid in
full.The late charges are due when late rent is paid.Rent.can be mailed to P.O.Box 1068 Kent,WA 98035 and must be post
marked by the V to avoid late penalties.
(b) 'tenant agrees to pay Thirty-Eight t and No/100 Dollgrs,(V&00)'to Landlord on any NSF check tendered to Landlord
by Tenant.The above late charge applies to Yent for'which payment has been attempted on a NSF cheek until said NSF check is
replaced with a cashier's or certified check. No personal checks will be accepted after the 21111 NSF check.
(c)Any amounts owed by Tenant under this Section shall be considered additional rent.
G. Taxes; Assessments: Tenant agrees to pay any All in;rcal estate taxes due and payable on the Premises for each full
calendar year during the term of this Lease over the reaLestate taxes due and payable on the Premises for the year in which the
Commencement Date occurs. On or before March 31 st of each year,or as soon thereafter as reasonably practicable, Landlord
shall certify to Tenant,(a)the amount of the total increase,if any,in real estate taxes due and payable for that year for the project
of which the Premises are a part(tile"Project"),and(b)'Tenant's"proportionate share"of the total increase,which shall be equal
to that portion of the total increase which bears the same relation to the total increase as the total floor area of the Premises bears
to the total floor area of all rentable space in the Project.Tenant shall pay the proportionate share so certified on or before April
30 of such year,or within thirty(30)days of the date Landlord gives Tenant its certification.For the calendar year in which this
Lease terminates,the provisions of this section shall apply,but Tenant's liability for its"proportionate share"ofany tax increase
for said year shall be appropriately prorated. Should there presently be in effect or should there be enacted during the term of
this Lease,any law,statute or ordinance,levying any tax(other than Federal,State or local income tax)upon rents,Tenant shall
pay such tax or shall reimburse Landlord on demand for any such taxes paid by Landlord.
i
i
{
Page xofas INITIAL
i � ...............................
ORIGINAL
7.Use of Premises; The Premises are to be used for the purpose of conducting therein the business of general warehouse use
for City of Kent and traffic signal maintenance shop, and for no other business or purpose without the written consent of
Landlord,which consent may be withheld in Landlord's sole discretion. If any change in the use of the Premises or alteration
thereof by Tenant results in an increase in Landlord's insurance premiums, Tenant, promptly upon request, shall reimburse
I.,andlord for the increased cost of such insurance. The common areas are NOT to be used for storage, car repair,washing of
vehicles or anything deemed as damaging to the property.Tenants agree not to store any food,perishable or hazardous items.
Tenant agrees to only store property which is wholly owned by Tenant..Tenant agrees that no illegal goods or contraband of
anytime is permitted to be,stored in unit. Occupant agrees to comply with all applicable laws(federal,state and local),rules and
regulations promulgated thereunder. Under no circumstance shall any living persons,or animals,reside in unit.Tenant shall not
store any items or materials which are flammable,combustible,or dangerous is any nature.Landlord reserves the right to disallow
any item to be stored on the Premises.
Tenant shall not build, attach or alter anything on or to the building walls, floor or ceiling with any fasteners.Tenant shall not
operate any type of heater,refrigerator,or any other large appliance within the storage Unit.]
(a)Prohibited Uses.Except as expressly permitted herein,the Tenant shall not use or allow the Premises to be used for
any improper,unlawful or objectionable purposes or do or permit anything to be done in,on or about the Premises,nor possess
or maintain anything therein which would(i) increase the existing rating of or affect any policy of fire or other insurance upon
the Premises or tiny of its contents, or cause a cancellation of any insurance policy covering any part thereof or of any of its
contents;(ii)obstruct or interfere in any way with the rights of the other tenants occupying the other commercial space within
the Premises or(iii)injure or unreasonably or unnecessarily annoy any of the other tenants of any buildings within the Premises
in terms of excessive noise or odors caused by the Tenant beyond those that would be expected from Tenant's type of business.
The Tenant shall not cause,maintain,or permit anyFnuisance in,on or aboitt the Premises,nor shall the Tenant commit or suffer
to be committed any waste in,on or about the Premises or..the.Exterior Common Area.Except as expressly permitted herein,the
Tenant shall not place any object or barrier within, or otherwisp'obstruct, the Exterior Common Area without the prior written
approval of the Landlord.
(b) Compliance with Laws.The Tenant shall at all times comply with applicable laws, ordinances and regulations
promulgated by any governmental authority having jurisdiction over the Premises.With the exception of any Additional Tenant
Improvements by the Tenant, compliance with the Americans with Disabilities Act will be the responsibility of the Landlord.
The Landlord shall not object to any requests Tor accommodations for the benefit of the employees or customers of the Tenant
that require physical modifications`to'the Premises,proyided that tn'th6 Premises do not impose an undue
financial or administrative burden on the Landlord;(ii)tine T'erltnt:arecss to,p#ny.for such modifications to the Promises,unless
the existing conditions are in violation of the Americans with Disabilities Act, in which case the Landlord shall be responsible
for such modifications to the Premises, and(iii)the Tenant agrees to restore the Premises to its pre-existing condition(normal
wear and tear excepted),unless the Landlord accepts such modifications and refuse such restoration to the Premises or unless the
existing conditions are in violation of the Americans with Disabilities Act, in which case the Landlord shall be responsible for
such desired restoration(if any),
8.Conduct of Business:(a)Tenant shall not leave the Premises unoccupied or vacant,but shall continuously during the entire
term of this Lease carry on its business. Said business shall be Kept open continuously each day during the hours customary for
business of like character to be open.If the business is not continuously used for a period of 30 days or more it will be assumed
as abandoned.
(b)'Tenant shall not do anything which may injure the Building, commit waste on the Premises or be a nuisance or
menace to other Tenants in the project. T onant shall not allow any objectionable liquid,odor or noise to be emitted from the
Premises. Tenant shall not store gasoline or other highly combustible materials on the Premises, which would violate any
applicable fire code or regulation not,conduct any operation that will increase Landlord's fire insurance rate for the Premises.
Tenant shall not overload the floors of the Premises or the electrical lines and circuits in the Promises,-If Tenant desires to use
electrical equipment that require more capacity than the capacity of the existing electrical lines and circuits in the Premises,then
before using such equipment Tenant shall, at its expense, increase the capacity of such lines and circuits. All such work and
changes shalt comply with all applicable building and electrical codes and shall be subject to Landlord's prior consent.Tenant
shall not burn any trash of any kind in or about the Premises.
r
Page 3 of 16 N1T.1A1 1.N1.
(c)Tenant shall permit no damage to,or the defacement of the Premises.The plumbing facilities shall not be used for
any other purpose than that for which they were constructed,and no foreign substance of any kind shall be thrown therein.The
expense of any breakage,stoppage or damage resulting from a violation of this provision shall be borne by Tenant.
9.Outside Storage:Tenant hereby agrees that no item(s)shall be stored outside of the unit.Tenant shall not keep or display any
merchandise or other personal property in areas outside the Premises or otherwise obstruct such areas. This includes all refuse
receptacles and other collection containers,whether personal or business related other than on the date of collection.Tenant shall
be allowed dumpsters up to 1-yard capacity, without Landlord's prior approval. Tenants using a dumpster understand that
dumpsters or cans must be kept inside the Premises. Tenant hereby agrees that all dumpster.s and cans will comply with the
Uniform Fire Code,Section 11,20,l(d). The outside.storage of any item is strictly prohibited and will be enforced.
Any Tenant storing an item outside of their unit will be served a 72 hour notice to comply and/or have their tenancy terminated.
10.Inside Storage:Tenant shall not store any item(s)above the office,restroom,or hallways. All storage must boon approved
storage racking or on the warehouse floor surface.
11.Signs and Advertising:Tenant may erect signage stating its narne,business or product only after first securing Landlord's
approval of the size,color,design and verbiage and all necessary governmental approvals ON DOOR WINDOWS ONLY. All
signage installed by Tenant shall be removed upon termination of this Lease with the sign location restored to its former state.
Tenant shall not install any signs or advertising media or window or door lettering or plaques visible from outside the Premises
without previous written consent of Landlord,except as hereinafter mentioned.The Tenant agrees to conform to the standard 3"
white vinyl lettering, Tenant agrees not to use any advertising media that shall be objectionable to .Landlord, such as loud
speakers,phonographs or radio broadcasts in a manner to be heard outside the Premises without the prior written permission of
the Landlord,No flags,Aboards or LED boards ean`be used on premises or in front of the premise.
1.2, Alterations and Improvements, Tenant'shall make no Alterations, additions or improvements to the Premises without
l...andlord's prior written approval and without a valid building permit issued.by the appropriate governmental agency. Detailed
plans and specifications for such alterations and iml rovements'shall first be submitted and approved by the Landlord in writing.
Landlord shall not unreasonably withhold its approval.Tenant shall not install any'exterior lighting fixtures,shades or awnings
or do any exterior decoration or painting,or make any structural alterations without the previous written consent of Landlord,
Any and all such alterations,additions and improvements will be made in a good.und workmanlike manner at the sole expense
of Tenant,All alterations,additions,or other improvements that may be made on or to the Premises by either of the parties hereto,
except trade fixtures put in at the expense of Tenant,shall l,ie;th'e propert�y bf Landlord and;,shall remain on and be surrendered
with the Premises as a part thereof at the termh ation of tins 1,er c�without hindrance;ri olestation, or injury by'Conant,except
that Landlord, at its option, may require'Tenant, at Tenant's expense, to remove arty part or all of the alterations,additions or
improvements made by'Tenant. Any injury caused by Tenant's moving its trade fixtures in and out of the Premises or by the
removal of the alterations,additions or improvements made by Tenant shall be repaired by Landlord at Tenant's expense.
Nothing contained herein, however, shall prohibit 'Tenant from making necessary, normal, and emergency repairs to said
improvements without Landlord's consent,
13. Property Damage or Personal Injury: Landlord shall not be liable for any personal property damage or personal injury
occurring on or to the Premises or to any persons in or on the Premises including but not limited to:(1)any loss of property by
theft or burglary,(2)any damage to person or property on or about the Premises from the operation of tiny elevator or the use of
any utility on the Premises,(3)any damage or Injury caused by action of the natural elements,(4)any damage or injury resulting
from the conduct of the employces of Tenant,whether negligent or otherwise,or(5)any damage or injury that may result from
any bursting,stoppage,or leakage of any water,steam,or gas pipe,sewer,basin,toilet,hot water tank,or drain.
14. Exterior Maintenance:Landlord shall repair and maintain the roof,gutters,downspouts,exterior walls, foundation,curbs
and exterior paved areas in good condition. landlord shall be under no liability for repair of or maintenance to any store front
installed by'Tenant. Except for such obligations of Landlord, Tenant shall keep the Premises neatly maintained and in good
order and repair,if the Premises has a separate entrance,Tenant shall keep the entrance free and clear of snow, ice,debris and
obstructions of every kind.
�
Page 4 of 16 1 N 1T1A"""
ORIGINAL f
15. 111terior Maintenalice:'Tenant shall,at its own expense maintain the interior of tile Premises at all times in good condition
and repair,all in accordance with the laws of the State of Washington and in accordance with all directions and regulations of
any proper officer of the governmental agencies havingjurisdiction,and"Tenant shall comply with all requirements of law
touching the Premises other than with respect to structural repairs.Tenant's responsibility shall include maintenance and repair
of the electrical system,plumbing,drainpipes to sewers,air-conditioning and-heating systems,doors and locks, including
overhead doors,cat-pet,blinds,windows and glass.Tenant will make sure to have a carpet or protection tinder all desks
and office chaps to maintain integrity of flooring.It is the responsibility of the Tenant to maintain pest and or rodent control
for the said interior Premises. At the expiration of the term hereof,Tenant shall surrender the Premises in good condition,
reasonable wear and tear and damage by fire or other casualty expected. The term"good condition"means the good physical
condition and cleanliness of the Premises and each portion of the Premises,including the items listed above,all alterations,
additions,or other improvements made by Tenant,and all trade fixtures installed by Tenant.In the event that Tenant request
Landlord to perform maintenance and/or repairs for Tenant's Office/warehouse interior,on Tenant's behalf,Tenant agrees to
pay Landlord a fee of$40,00 ep r hour plus the cost of parts and/or equipment rental. If such repairs and/or maintenance are
completed in less than an hour's time,$40,00 shall remain the minimum charge.All maintenance/repair costs&foes are due
upon completion of work.
16. Heating/Air Conditioning: Landlord, at its option, may initiate a maintenance program for Tenant's heating, ventilating,
and air•conditioning system,if any, servicing the Premises. Tenant shall pay to Landlord,or at Landlord's election,directly to
the maintenance firm,the cost of such maintenance,which shall be in addition to the CAM Charges,
17.Inspection and Repair: Tenant agrees and covenants that the Landlord or his agents at all reasonable times and during all
reasonable hours shall have free access to the Premises,and through any building or structure that may at any time be thereon,
or any part thereof, for the purpose of examining or inspecting the conditions of the same or of exercising any right or power
reserved to the Landlord tinder the terms and provisions of this Lease—
If?i.,andlord deems any repairs required to be made by-`Tenant necessary, it niay demand that Tenant make the same forthwith,
and if Tenant refuses or neglects to commence'such repairs and complete the same with reasonable dispatch,Landlord may make
or cause such repairs to be made.
Tenant agrees to forthwith,on demand,pay the Landlord the cost of labor and materials thereof with interest at 12%percent per
i,.
year.
Tenant also hereby waives any claim for damages, including loss of business, res iltmgtfroln any such repairs or alterations;
provided that in the exercise of its rights under tlijs sect i.o11 1.,#.indfofd.shall provide.adeiitiate access to the Premises and shall not
unreasonably interfere with the conduct of Tenant's business.
18.Parking Areal Landlord hereby grants to'Tenant and to its employees,agents,customers and invitees the non-exclusive right
for and during the term of this Lease,to use the parking area;such use to be In common with all other occupants of the project,
whether as Tenants or as owners,and their employees,agents,customers and invitees. Guest parking is only for temporary use.
This should not be used for overnight storage.Overnight parking is any vehicle that remains stationary for over 24 hours.Vehicles
in guest parking must only be onsite during working business hours.Tenant shall control the use of such parking spaces so that
there will be no unreasonable interference with the normal traffic flow,and shall not permit any parking in landscaped or unpaved
surface. Landlord reserves the unrestricted right to make changes in the parking areas which shall at all times be subject to the
exclusive control and management of the Landlord.Landlord shall have the right from time to time to establish reasonable rules
and regulations with respect to the parking areas. Under no circumstances shall trucks serving the Premises be permitted to block
traffic flow.All vehicles must be road worthy and operational with current vehicle tags.No vehicle repair,washing,waxing,or
oil changes may be performed in.the premises.
Unregistered,abandoned vehicles, cars parked in a designated handicap parking spot, parked in a Fire Lane,blocking the free
flow of traffic,or blocking a driveway will be towed immediately. Unfit and improperly parked vehicles are subject to tag and
towing, and 24 hours after a vehicle/trailer is tagged it will be towed. Towing is at owners' expense, and Landlord is not
responsible for notification to vehicle owner of towing, Towing will be performed by Payless Towing& Recovery. Location
is: 33905 Pacific Flwy S,Federal.Way,WA 98003,Payless Towing's contact number is 253-941-4565,
INITIAL
Page 5 of 1.6
� .. .__�_.._......_
ORIGINAL
19, Llens; Exculpation;Tenant's Indemnity: 'Tenant is required to disclose any lien holders or secured parties who have an
interest in property that is or will be stored within Tenant's space,Name(s)and address(es)of all lien holders shall be disclosed
to Landlord,in writing,prior to the inception of tenancy,or as soon as reasonably possible.Tenant shall not allow any liens to
attach to the Premises as a result of its activities,Tenant is required to provide a name and address for delivery of any Notices
under this Lease.
Tenant shall defend, indemnify and hold Landlord harmless from and against any and all liability,claims,damages,costs and
expenses of any kind whatsoever, arising out of or relating to any injury to persons or property, or death of persons however
occurring on or about the Premises,except to the extent caused by Landlord's negligence of Landlord.
20.Tenant's Insurance:Tenant,at its cost,shall procure and maintain in full force and effect during the term of this Lease a policy
of commercial general liability insurance (including contractual liability and products and completed operations liability) with
liability limits of not less than $2,000,000,00 (Two Million and No/100)single limit,insuring against all liability of Tenant, its
employees,agents and contractors arising out of or in connection with Tenant's use and occupancy of the Premises and property
damage insurance with liability limits of not less than$2,000,000.00(Two Million and No/100) . All such commercial general
liability and property damage insurance shall insure performance by Tenant of the indemnity provisions of Section 19 above.
Landlord and Landlord's Agent shall be additional named insureds on such insurance policy. All insurance policies required to be
carried by Tenant under this Lease shall:(i)be issued by insurance companies authorized to do business in the State of Washington
with a rating of A/VII or better as rated in the most recent edition of Best's Insurance Reports;(ii)be issued as a primary policy,and
(III)contain an endorsement requiring thirty(30)days'prior written,notice from the insurance company to both Landlord and Tenant,
and,if requested by Landlord,to Landlord's lender,before cancellation or change in the coverage,scope,or amount of any policy,
Each policy or a certificate of the policy,together with evidence.of payment.of premiums,shall be deposited with Landlord on or
before the Commencement Date,and on renewal of the policy not less than ten(10)days before expiration of the term of the policy.
Landlord and tenant each hereby waive all rights of recovery against the other and against the officers,employees, independent
contractors,agents and representatives of the other,on account of loss by or damage to the waiving party of its property of the
property of others under its control,to the extent that such loss or damage is insured against under any Cause of i..oss-Special
Form Insurance policy which either may have in force, or may be required by this Sublease Amendment to have in force,
whichever is greater,at the time of the loss or'.daniagc.Each�party shall,upon obtaining the policies of insurance required under
this Sublease Amendment, give notice to its insurance carrier or carriers that the foregoing mutual waiver of subrogation is
contained in this lease,is such notice is,required to give effect so such'waiver.
21. Personal Property Insurance: All personal property is the sole responsibility and risk of Tenant.Tenant understands that
Landlord will not insure Tenant's personal property. 1'o the extent Tenant does not obtain insurance coverage for the full value
of Tenant's personal property stored in or on the Premises,Tenant agrees that Tenant will personally assume all risk of loss,
including without limitation,damage or loss by burglary,fire,vandalism or act of God.
22.Release and Subrogation:Landlord and Tenant release each other,and their respective employees,agents and contractors,
from, and waive their entire claim of recovery for, any claims for damage to the Premises and the Project and to "Tenant's
alterations,additions and improvements,trade fixtures and personal property that are caused by or result from fire,tightening or
any other perils normally included in an"all risk"or"special causes of loss"property insurance policy whether or not Stich loss
or damage is due to the negligence of Landlord,or its employees,agents or contractors,or of'renant,or its employees,agents or
contractors. Landlord and'tenant shall cause each insurance policy obtained by it to provide that the insurance company waives
all right of recovery by way of subrogation against either party in connection with any damage covered by such insurance policy.
INITIAL
Page 6 of 16
f �
ORIGINAL
23, Utilities and Amenities: Tenant shall fully and promptly pay for all water, sewer, storm drainage, natural gas, garbage
collection,telephone service,electricity,and all other public utilities of any kind furnished to the Premises throughout the term
hereof and all other costs and expenses of any kind whatsoever in connection with the use, operation,and maintenance of the
Premises and all activities conducted thereon. Landlord shall have no responsibility of any kind for any costs thereof and
Landlord shall have no liability resulting from any interruption of futility services caused by fire or other casualty, strike,riot,
vandalism,the making of necessary repairs or improvements, or any other cause beyond Landlord's reasonable control, If(i)
any utilities or services to the Premises are interrupted due to a cause within Landlord's reasonable control,and Tenant is unable to,
and does not,use the Premises as a result of such interruption,and(ii)Tenant shall have given notice respecting such interruption
to Landlord, and Landlord shall have failed to cure such interruption or discontinuance within seven (7)consecutive days after
receiving such notice,then rent hereunder shall thereafter be abated until such time as such services or utilities are restored or Tenant
begins using the Premises again,whichever shall first occur. Such abatement of rent shall be Tenant's sole recourse in the event of
an interruption of services or utilities required to be provided by Landlord hereunder.'Tenant shall control the temperature in the
Premises to prevent freezing of any plumbing or sprinkler system.
24. Assignment and Subletting: Tenant shall not assign or in any manner transfer this Lease or interest herein, or sublet the
Premises or any part thereof,or allow anyone to occupy the Premises,without the prior written consent of Landlord.At no time
is subleasing allowed.Any attempt to sublease could result in immediate eviction,forfeit of deposits,and remaining cost of lease
term due.Tenant shall not change the name under which it does business in the Premises without Landlord's prior written consent.
25.Bankruptcy:If Tenant becomes a Debtor under Chapter 7 of the Bankruptcy Code("Code")or a petition for reorganization or
adjustment of debts is filed concerning Tenant under Chapters 11 or 13 of the Code,or a proceeding Is filed under Chapter 7 of the
Code and is transferred to Chapters 11 or 13 of the Code,the Trustee or Tenant,as Debtor and as Debtor-In-Possession, may not
elect to assume this Lease or to assign this Lease to a,third party unless,tit or'before the time of such assumption and/or assignment,
the Trustee or Tenant has:(a)cured all defaults under the Lease and paid all suns,due and owing to Landlord under the[.,ease,and
(b)deposited with Landlord a sum equal to two(�)month's rent to be held by Landlord(without any allowance for interest thereon)
to secure Tenant's future performance under the(..,ease.
26. Eminent Domain;If tile whole of the Premises hereby leased shall be taken by eminent domain,then the term of this Lease
shall cease as of the day possession is taken jay such public authority and the rent,shall be paid up to that date.If only it part of
the Premises shall be taken by eminent domain and the remainder of the Premises not so taken can be made tenantable for the
Purposes for which Tenant has been using the Premises,then this Lease shall continue in full force and effect as to the remainder
of the Premises and all of the tc►nts herein provided shall`continue in effect, cxceptfthaf the minimum rent shall be reduced in
proportion to the amount of the Premises taken,and Landlord],.al,its'owil cast and expense,shall make all necessary repairs and
alterations in the Premises requited by such taking;provided,however,that if more than fifty percent(50%)of the floor area of
either the building in which the Premises are located or the Project shall be taken by eminent domain,,then Landlord may elect
to terminate this Lease as of the date possession thereof is taken.All damages awarded for such taking shall belong to and be the
property of the Landlord whether such damages shall be awarded as compensation for diminution of the value of the leasehold
or to the fee of the Promises,but Landlord shall not be entitled to any portion of the award made to Tenant for cost of removal
of stock and fixtures.
27, Destruction of the Premises:If the Premises are partially or totally destroyed by fire or other casualty,then Landlord may
elect to either(a)restore the Premises to substantially the same condition as they were in immediately before such destruction,or
(b)terminate this Lease effective as of the date of such destruction. If Landlord does not live Tenant notice within sixty(60)days
after the date of such destruction of its election to restore the Premises,then Landlord shall be deemed to have elected to terminate
this Lease. If Landlord elects to restore the Premises,then Landlord shall use commercially reasonable efforts to complete such
restoration within one hundred eighty(180)days after the date on which Landlord obtains all permits necessary for such restoration,
provided,however,that such one hundred eighty(180)day period shall be extended by a period equal to any delays caused by Force
Ma cure,and such destruction shall not terminate this Lease, The term"Force Ma cure"means strikes, lockouts, labor disputes,
shortages of labor or materials,fire or other casualty,Acts of God or any other cause beyond the reasonable control of Landlord.
28.Default:The occurrence of any of the following shall constitute a default by Tenant under this Lease:
(a) Failure to Pay Rent. The failure by Tenant to make any payment of Minimum Monthly]tent,or pro-rata share of
taxes, insurance and CAM Expenses,or any other payment required to be made by Tenant hereunder,as and when due,where
such failure shall continue for a period of three(3)clays alter written notice thereof by Landlord to Tenant..
Page 7 of 16 ._—� ITIA�-•_._.
C d�
ORIGINAL
...............
(b) Failure to Comply with Rules and Regulations, Failure to comply with the Rules and Regulations, if any, if the
failure continues for a period of ten(10)days aiier notice of such default is given by Landlord to Tenant, I£the failure to comply
cannot reasonably be cured within twenty-four(24)hours,then Tenant shall not be in default raider this Lease if'1'enant commences
to cure the failure to comply within twenty-four(24)hours and diligently and in good faith continues to cure the failure to comply.
(c) Other Defaults. Failure to perform any other provision of this Lease,if the failure to perform is not cured within ten
(10)days after notice of such default has been given by Landlord to Tenant. If the default cannot reasonably be cured within ten
(10)days,then Tenant shall not be in default under this Lease irTenant commences to cure the default within ten(10)days and
diligently and in good faith continues to cure the default.
(d) Appointment of Trustee or Receiver. The appointment of a trustee or receiver to take possession of substantially all
of the Tenant's assets located at the Premises or of Tenant's interest in this Lease,where possession is not restored to Tenant within
sixty(60)days;or the attachment,execution or other judicial seizure of substantially all of Tenant's assets located at the Premises
or of Tenant's interest in this Lease,where such seizure is not discharged within sixty(60)days.
(c)Insolvency of Tenant,a transfer by Tenant in fraud of creditors,or assignment by Tenant for the benefit of
creditors.
(t)Commencement by or against Tenant proceedings in bankruptcy,or for reorganization of Tenant,or for the re-
adjustment or arrangement of Tenant's debts,whether under the Bankruptcy Act of the United States of America or under any
other law,whether State or Federal,now or hereafter existing for the relief of debtors,or commencement of any analogous
statutory or non-statutory proceeding involving Tenant. 'file acceptance by Landlord of Tenant's monthly payment as provided
in this Lease subsequent to the occurrence of any such:event of default,or that set forth in subparagraph(e)below,shall be as
compensation for use and occupancy of the leased premises,and shall in.no way constitute a waiver by Landlord of its right to
exercise any of the remedies provided below oil the occurrence of any event cif default.
(g)Appointment of a Receiver or Trustee.The appointment of a trustee or receiver to take possession of substantially
all of the Tenant's assets located at the Premises or of Tenant's interest in this Lease�wlnere possession is not restored to Tenant
within 60(Sixty)days;or the attachment,execution or other judicial seizure of substantially all of Tenant's assets located at the
Premises or of Tenant's interest in this Lease,where such seizure is not discharged within 60(Sixty)days.
(h) Abandonment, The vacating or abandonment of the Premises by Tenant or the failure of Tenant to be open for
f 3
business for a continuous period in excess,o0,days,(except in tha event Of ClanIQc Or destruction to the Premises or Force
MaJeure which prevents Tenant from conductinganybusinsess,thereon)..
29.Remedies:On the occurrence of any of such events of default,Landlord shall have the option to pursue any one or more of
the following remedies without any notice or demand whatsoever;
(a) Maintain Lease in Force. Maintain this Lease in full force and effect and recover the rent and other monetary charges
as they become due,without terminating Tenant's right to possession, irrespective of whether Tenant shall have abandoned the
Premises. If Landlord elects to not terminate the Lease,Landlord shall have the right to attempt to re-let the Premises at such rent
and upon such conditions and for such a term,and to do all acts necessary to maintain or preserve the Premises as Landlord deems
reasonable and necessary without being deemed to have elected to terminate the Lease including removal of all persons and property
from the Premises;such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account
of Tenant. in the event any such re-letting occurs,this Lease shall terminate automatically upon the new Tenant taking possession
of the Premises. Notwithstanding that Landlord fails to elect to terminate the Lease initially,Landlord at any time during the term
of this Lease may elect to terminate this Lease by virtue of such previous default of Tenant.
Page 8 of 16 ORIGINAL
�........._._.. .__ __ �........................
(b) Terminate Lease, Terminate Tenant's tight to possession by any lawful means, in which case this Lease shall
tenninate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled
to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto,the
following;(i)The worth at the time of award of any unpaid Rent which had been earned at the time of such termination;plus(ii)
the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the
time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided;plus(ill)the worth at
the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount
of such rental loss that is proved could be reasonably avoided;plus(iv)any other amount necessary to compensate Landlord for all
the detriment proximately caused by Tenant's failure to perform its obligations tinder this.Lease or which in the ordinary course of
things would be likely to result therefrom,including without limitation,any costs or expenses incurred by landlord in(A)retaking
possession of the Premises,including reasonable attorney fees therefor,(B)maintaining or preserving the Premises after such default,
(C)preparing the Premises for reletting to a new tenant,including repairs or necessary alterations to the Premises for such reletting,
(D)leasing commissions,and(E)any other costs necessary or appropriate to relet the Premises;plus(v)at Landlord's election,such
other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. Upon any
such re-entry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which
Landlord in Its sole discretion deems reasonable and necessary. As used in Subsection 29(b)(i)the"worth at the time of award"is
computed by allowing interest tit the rate of twelve percent(12%)per year from the date of default. As used in Subsections 29(b)(ii)
and(III)the"worth at the time of award"is computed by discounting such amounts at the discount rate of twelve(12%)per year.
(c) Lien on Personal Property. All goods, wares, merchandise and property of any description stored in Tenant's
unit/space are subjected to a lien for all unpaid charges, including by not limited to expenses of transfer,storage,sales, legalities,
rents,fees and all other applicable charges and may even be sold by private or public sale to satisfy the lien,if that balance remains
unpaid for fourteen(1.4)consecutive days.Landlord may then take possession of the premises and all of Tenant's property therein
and store at the expense of Tenant.This lien and its enforcement are authorized by Ch.294.1988 Laws of Washington(RCW 19.150)
as they are now or future amended.Any Notice ofLien shall be sent to the address listed in Section31 below.
30. Deliveries to Premises and Trash: All deliveries of merchandise, supplies`and materials to the Premises and removal of
trash,garbage and other waste shall be made>at such hours and in accordance with`.such rules as Landlord shall prescribe for the
project.In event Landlord's rules so proscribe,Tenant shall provide adequate covered metal receptacles for trash,garbage and
other waste, located at Landlord's direction, and shall not be visible to members of the public. Tenant shall not permit an
accumulation of boxes,waste or other refuse matter All trash cans must be stored inside the unit unless it is on collection day.
Any trash gathered from outside the Tenants i►nmediate space will be rebilled a minimum of$40.00/hour and dump fees re-billed
to the Tenant.
3.1. Surrender on Termination: (a) On the expiation or sooner termination of this Lease, Tonant shall deliver all keys to
Landlord,have final utility readings completed showing paid for by the date of move out,and surrender and vacate the Premises
in good condition,clean and free of debris inside and out,with all mechanical,electrical and plumbing systems in good operating
condition;all signage removed and any damage to the Premises resulting from removal ofsignage properly repaired to Landlord's
reasonable satisfaction and all repairs called for under the Lease completed. The Promises shall be delivered in the same or better
condition as at the commencement of the term,subject only to ordinary wear and tear.Tenant acknowledges that Tenant will be
charged for the cleaning of carpet,blinds,and any excess dirt,debris,and or rubbish caused by the nature of Tenant's business
and such will not be considered ordinary wear and tear. These cleaning charges are pot included in the Non-Refundable Cleaning
Fee. Should Tenant paint walls a different color or walls become excessively stained or dirty,Tenant will be held responsible at
Tenant's sole expense,for patching and priming walls prior to move-out. Tenant further agrees to remove all of its furnishings
and trade fixtures that remain its property and properly repair all damage resulting from such removal to Landlord's reasonable
satisfaction. Failure to remove said property shall be abandonment of same and Landlord may dispose of it in any manner
without liability.Any trade fixtures left in the Premises after the expiration or sooner termination ofthis Lease shall be considered
as abandoned by the'Tenant and shall become and remain property of Landlord.
(b) if Tenant fails to vacate the Premises upon the expiration or sooner termination of this Lease, then Landlord may
elect either(i)to treat'tenant as a tenant from month-to-month,subject to all provisions for terns and for base rent which shall
be equal to 150%of the last monthly base rental plus all other charges,taxes and expenses to be paid to Landlord as specified
I herein,or(ii)to eject Tenant from tine Premises and rocover damaged caused by wrongful holdover.
32. Subordination of Lease: Tenant agrees that it will, at any time upon request from Landlord, execute a subordination
agreement in recordable form, subordinating this Lease to tiny mortgage or mortgages, deed or deeds of trust, or other
encumbrance on the Premises which may be executed by the Landlord,
,
Page 9 of 16 µ._C ITIAL
ORIGINAL 1
t .. ..,.. �...�.�......W......,.. ...........
33.Building Planning: In the event Landlord requires the Premises for use in conjunction with another suite or for other reasons
connected with the Project planning program,upon notifying Tenant in writing,Landlord shall have the right to move Tenant to
other space in the Project,at Landlord's sole cost and expense,and the terms and conditions of the original Lease shall remain
in full force and effect, save and excepting that an"Exhibit"reflecting the location of the new space shall become part of the
Lease and Page 1 of this Lease shall be amended to include and state all correct data as to the new space, .However,if the new
space does not meet with 'Tenant's approval,Tenant shall have the right to cancel this Tease upon giving Landlord thirty (30)
days notice within ten(10)days of receipt of Landlord's notification. if Tenant cancels this Lease pursuant to this Section 33,
Tenant shall vacate the Building and the Premises within thirty(30)days of its delivery to Landlord of the notice of cancellation,
34,Notice to Vacate:Tenant shall provide to Landlord a written notice of intent to vacate Premises. Said notice is to be
received by Landlord not less than ninety(90)days prior to the expiration of the lease term, If said intent is to vacate the
Premises after the expiration of the lease term,then Landlord may elect to treat Tenant as a month-to-month tenant,subject to
all provisions for term and for base rent which shall be equal to 150%of the last monthly base rental plus all other charges,
taxes and expenses.Ninety(90)day written notice to vacate is still required prior to the expiration of the term,
35.Hold-Over: if the Tenant shall,with the written consent of Landlord,hold over after expiration of the term of the Lease,or
extension hereof,such tenancy shall be for an indefinite period of time on a month-to-month tenancy, which tenancy may be
terminated as provided by the laws of the State of Washington.During such tenancy,Tenant agrees to pay to the Landlord the
holdover rate as set forth in Paragraph 31(b),unless a different rate is agreed upon,and to be bound by all the terms,covenants,
and conditions herein specified,as far as applicable.
36, Heirs and Successors: Sul7ject to the provisions-herein 11 pertaining to assignment and sub-letting, the covenants and
agreements to this Lease shall be binding upon the.heirs,legal representative,successors and assigns of any or all of the parties
hereto,
37. Notices: All notices to this Lease provided to lie given by either party hereto shall be deemed to have been given, when
made in writing and deposited in the United States trail,and postage prepaid and:addressed as follows;
TO LANDLORD: Plemmons Industries, Inc, `
RO,Box 1068
Kent,WA 98035
TO TENANT: City of Kent
Attn: Mike Sorensen
220 4th Ave S
Kent, WA 98032
The address to which any notice,demand or other writing may be given,made or sent to either party maybe changed by written
notice given by such party as above provided,
38,Nees;Deposits: IfTenant vacates the Premises or defaults before the end of lease term,the last one month's rent and security
deposit shall be forfeited, This does not alleviate Tenant's monthly responsibility to the monthly rent. If'Tenant faithfully
performs in accordance with the terms of this Lease;the rent on deposit will be applied to the last one month's rent,providing
notice of termination is given in the timely manner set forth within.
i
Any violation of this lease agreement that requires a legal notice will.have a reasonable fee charged to Tenant.
Tenant hereby agrees to pay a one-time$300,00(Three Hundred Dollars and 00/100)non-refundable cleaning fee,per unit,
upon move out,This fee excludes the cost of cleaning the carpet and blinds and servicing tine I3VAC unit(if any),
Tenant's using a dumpster understands that the dumpster or cans must be kept inside the Premises.All dumpsters or trash bins
need to be picked up before move-out.Landlord will not accept keys if receptacles are still on the property,
To change the name on this agreement the"Tenant will receive an administration fee of$150,00(One Hundred Fifes Dollars
and 0 /.100).Any other lease changes are subject to additional fees,
INITIAL
Page 10 of 16
g ORIGINAL
39.Severability: If any provision of the Lease is held to be invalid,unenforceable or illegal,the remaining provisions shall not
be affected and will be enforced to the fullest extent permitted by law.
40.Attorney's Fees: If either party shall bring any action for relief against the other party,declaratory or otherwise,arising out of
this Lease, including any action by Landlord for the recovery of rent or possession of the Premises, any trial,any appeal,or any
post judgment proceedings,or if either party engages an attorney to represent it in connection with the bankruptcy or reorganization
of the other party,then the losing party shall pay the successful party a reasonable sum for attorney's fees which shall be deemed to
have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment.
41,Time of Essence:Time is of the essence in this Lease and of every provision hereof.
42.Right to Change Name of Building:Landlord reserves the right to change the name or street address of tite building without
notice or liability of Landlord to Tenant,
43. Crider: Tenant and Landlord hereby agree that no paint spraying, or paint boxes, auto body, or auto repair, personal or
otherwise,is to be conducted on the Premises,This premise Is for commercial use only.It cannot in any way be used as a personal
residency,no showers,or household items are to occupy warehouse space.No illegal activity is to occur on the Premises.
44. Environmental: *File term"Environmental Law"shall►mean any federal, state or local statute, regulation or ordinance or
any judicial or other governmental order pertaining to the protection of health,safety or the environment. The term"Hazardous
Substance"shall mean any hazardous,toxic, infectious or radioactive substance,waste and material as defined or listed by any
Environmental Law and shall include,without limitation,petroleum oil and its fractions.
(a)Use of Hazardous Substances. Tenant shall not cause or permit any Hazardous Substance to be spilled, leaked,
disposed of or otherwise released on or under the Premises. 'tenant may us.e.and sell oft the Premises only those hazardous
Substances typically used and sold in the prudent and safe operation,of the business permitted by Paragraph 7 of this Lease.
Tenant may store such Hazardous Substances on the Premises,but only in quantities necessary to satisfy Tenant's reasonably
anticipated needs. Tenant shall comply with all Environmental Latins and exercise tile highest degree of care in the use,handling
and storage of Hazardous Substances and shill I take all practicable measures to minimize the quantity and toxicity of Hazardous
Substances used,handled or stored on the Premises.
(b) Notices. Tenant shall immediately notify Landlord upon becoming aware of the following: (i) any spill, leak,
disposal or other release of a Flazardous Substance oil,under Or 4diacent to the Premises;(ii);my notice or communication from
a governmental agency or any other person relating to ally klU'zariinus;Sgbstance.on, under or adjacent to the Premises;(Ili)any
violation of any Environmental Law with respect to the:Premises or Tenant's activities on or in connection with the Premises.
(c)Spills and Releases.In the event of a spill,leak,disposal or other release of a Hazardous Substance on or under the
Premises caused by Tenant or any of its contractors, agents or employees or invitees, or the suspicion or threat of the same,
Tenant shall(i)immediately undertake all emergency response necessary to contain,cleanup and remove the released hazardous
Substance, (ii) promptly undertake all investigatory, remedial, removal and other response action necessary or appropriate to
ensure that any I•Iazardous Substances Contamination is eliminated to Landlord's reasonable satisfaction, and (iii) provide
Landlord copies of all correspondence with any governmental agency regarding the release(or threatened or suspected release)
or the response action,a detailed report documenting all such response action,and a certification that any contamination has been
eliminated. All such response action shall be performed, all such reports shall be prepared and all such certifications shall be
made by an environmental consultant reasonably acceptable to Landlord.
(d)Condition Upon Termination. Upon expiration of this Cease or sooner termination of this Lease for any reason,
Tenant shall remove all Hazardous Substances and facilities used for the storage or handling of Hazardous Substances from the
Premises and restore the affected areas by repairing any damage caused by the installation or removal of the facilities. Following
such removal,Tenant shall certify in writing to Landlord that all such removal is complete.
INITIAL
Pate 11 of 16
ORIGINAI�1'
(e) Indemnity by Tenant. Tenant shall defend, indemnify and hold Landlord harmiess from and against any and all
damages,charges,cleanup costs,remedial actions,costs and expenses,which may be imposed on, incurred or paid by,or asserted
against Landlord,the Premises or the Project by reason of,or in connection with(i)any misrepresentation,breach of warranty or
other default by Tenant under this Lease,or(ii)the acts or omissions of'1'enant, or any of its contractors,agents or employees or
invitees,or any subtenant or other person for whom Tenant would otherwise be liable, resulting in the release of any Hazardous
Substance on the Premises or the Project. The provisions of this Section 44 shall survive the expiration or sooner termination of this
Lease.
45.The following Addendums are hereby incorporated and made part of this lease agreement: "A" B","C".
46,The following Exhibit is hereby incorporated and made part of this Lease agreement:"A".
47.All rents are calculated based on a per unit cost and not per square foot cost.(All warehouse square footages are estimated).
48,The tenant is provided with bay door in working condition and no visual damage at the commencement of the lease term.
Any damage to bay door due to Tenants negligence will be subject to a charge of$750.00(Seven hundred Fifty Dollars and
00/100)per each damaged panel.This amount is subject to change based on the cost to replace/repair.
49, The tenant is provided with a working condition tract which contains no visual damage at the commencement of the lease
term. Any damage to bay door tract due to Tenants negligence will be subject to a charge of$750.00 (Seven Hundred Fifty
Dollars and 00/100) for the replacement and or repair of bay door tract. This amount is subject to change based on the cost to
replace/repair.
EXECUTED THIS 0 ' DAY(7F .2024
LANDLORD: PLEMMONS DUSTRIES,INC.
ATTEST:
By: _
Shc y _affin,General Manager
EXECUTED THIS Z 1 DAY OF' ,2024
TENANT:CITY OF KENT
BY::
Dana Ralph,Mayor
i
i P�ibcl2of16 INI�'iA��._..
i ____..._.._...._
URIGER' " L
<�'
ADDENDUM"A"
IMPORTANT INFORMATION FOR CENTRAL,PARK TEN
WAREHOUSE TENANTS
PHONE NULABER FOR UTILITIES AND SERVICES:
Puget Sound Energy 1-888-225-5773
Post Office(Kent-Main,to set up delivery) 253-520-7576
Republic Services 206-652-8832
Century Link 1-866-642-0444
Conncast 1.-800-934-6489
UTILITIES/SERVICES;
Will have meter read as close to day of possession as possible. The Landlord will allow three(3) business days before
instructing to discontinue service. It is the responsibility of the Tenant to contact the above utilities/services and put these
services into their name prior to or an the first day of occupancy. The Gas and Electric Utility Services are provided by Puget
Sound Energy. Tenant hereby understands that'Tenant will be fully responsible for any charges incurred during the lease
term for services provided by said Puget Sound Energy Company,
SIGNAGE:
All window signage must be in uniform WHITE lettering. The suite door signage must be in the uniform lettering also.
Signage is a Tenant cost.Raven Copy Center is familiar with our requirement,please call(253)220-8120.
KEYS/LOCKS:
Re-keying of any office/unit door is not permitted without the prior consent of the Landlord. Plemmons Industries Inc will
not release a key nor allow entry to any Tent nts unit:to any person(s)except lessee without the prior written consent of the
lessee. Such consent memo must include 011 name of person and reason f'or key release. Person receiving key must have
verifiable identification. NO EXCEPTIONS! Cull the Property>Malragor for i4re information. All keys assigned at the
commencement of.'Lease must be returned':Each key not returned will be$15A0/key.If no keys are returned the Tenant will
be charged for a drill out and new lock fee of$150.00,
RENT PAYMENT:
Rent is due otn the FIRST of each month.. Are payments are rttade out to P ,,MMONS INDUSTRIES, INC.A NOTICE
OR INVOICE WILL NOT BE SENT OUT.. It is the"Tenant's responsibility to mail the rent payment or deliver it to the
main office during business hours. Monday-Friday 8100 q,rn.-5:Q0 p.m, 'Tenants may mail the rent payment to Plemmons
Industries,Inc.,P.O. Box 1068, Kent WA 98035.
WATER METERS:
Access to the unit for the sole purpose of reading the meter is hereby considered authorized by the Tenant.Report any water
leaks or running toilets immediately,tenants will be responsible for and billed for excessive usage caused by a leak.
WATER/SEWEWSTORM DRAINAGE BILLING:
Water meters will be read at time of occupancy or installation,and on the I"of the month and usage charges will be posted
on the 111,A Plemmons and a City of Kent access and baekflow charge will be added to each unit in the amount of$3.00
(Three Dollars and 00/100),as well as a monthly City of Kent Sewer fee in the amounto'f$4.00(Four Dollars and 00/100)
per unit.Both of these charges are subject to change.A monthly City of Kent Strom Drainage Fee of$40.82(Forty Dollars
and 82/100)will be charged per unit(this is subject to change with a City of Kent rate change).The water/sewer and storm
drainage bill is due and payable with the next months rent&CAM payment on the first of the month.Water/sewer and storm
drainage bills not paid by the loth of the month will incur a $25.00 (Twenty-Five Dollars) late fee. There is no grace
period. If a water meter is not installed in your unit,you will be billed a pro rata share of the remaining water bill frorn the
City of Kent.
3
t Page 13 of 16
ORIGINAL
r
MAINTENANCE
Please refer to paragraphs 14, 15, 16, and 17 of your lease. These paragraphs explain in detail the responsibility of both
Landlord and Tenant in regards to repairs and maintenance.If you have a problem and feel it is our responsibility,please call
(253)854.2600 and report it.We will attend to it in a timely manner and emergency needs will be soon to as soon as possible.
If you are a new Tenant and have occupied your unit for 30 days or less and experience a problem, call us. It could be
something we missed during our inspection and/or something we believe we should fix for you. Please feel tree to call us if
you have any questions.
REBILLED MAINTENANCE COSTS:.
The Tenant shall at its own expense maintain the interior of the Premises at all times,as well as all doors,windows and glass.
If the Tenant fails to maintain the Premises or to make such repairs,the Tenant hereby agrees that the Landlord's maintenance
staff shall make such repairs and bill the Tenant at the hourly rate of$40.00(Forty Dollars)plus the cost of materials. if an
outside contractor of vendor is used, it will be charged back to the Tenant at their cost.
GARBAGE;
Remember that garbage cans.dumpsters recycling containers,and other trade related containers mast be kept inside
our warehouse. Tbey nifty be put out onnick-u only,,At no time is any trash to be left outside Including allets.
Leaving trash/pallets/furniture outside is a violation of fife lease and can result in signifieant fines&charges,
DELIVERIES
Landlord accepts no responsibility for and is to be Iield'harmless forlany packages,materials,etc.,delivered to the corporate
offices by couriers or any delivery service for the"Tenants.
MAIL/MAIL>10XES:
If keys are not returned a drill out and a re-key change fee of$150.00, For each individual mail key not returned,a$15,00 fee
will be charged.Contact the Main Post Office located at 10612 SP 240th in Kent regarding mail delivery and your mailbox,
Their phone number is(253)852-3950.We cannot set tip your mail service or handle your mail in any manner,
PARKING/STORAGE,.
Do not park in front of any unit(s)other than your own. Corner area parking,is'common,parking for Tenants and customers
only,Guest parking does not allow overnight parking for,Tenants or.Quest.,$tor ge'of tiny vehicle or trailer is not permitted.
Any vehicle left over night,in guest parking or another tenaants park ing,spaces,without written consent of the Landlord will
be subject to immediate towing at owner's expense.Parking may be available for overnight parking at an additional monthly
cost.All vehicles must be operational,as dictated by Washington Law.All trailers and necks filled with items mast be tarped.
No garbage/trash is to be stored in truck beds or trailers.Failure to remove an unfit vehicle or trailer will result in removal by
a tow company at the Tenant's expense, Any items left outside are subject to removal,without notice,by landlord at tenants
cost.Removal costs starts at$25.00 per item,$40,00 per flout-for labor fees,and any additional costs accrued for removal.
ALARM SYSTEM&SURVEILLANCE CAME RA:
If you wish to install an alarm system,the Landlord does not object. However,you need to secure written permission from
the Landlord. When ascertaining permission for your alarm system,you must provide the Landlord with the pass code,name,
address,and phone number of alarm service provider and an emergency number to calf in case of accidental activation of the
system or an emergency,'Tenant is allowed to put a camera on the outside of your unit, It can only be used for surveillance
of the front of your unit.Nothing can be drilled into the outside of the building or bay door.
WAREHOUSE,TI 00RSS;
Painting of warehouse floors is strictly prohibited,
WAREHOUSE WALLS:
Nothing can be attached or bolted to any of the warehouse walls for support. If the unit is in a corner space and il'a wall is
brick or concrete nothing is to damage or compromise the integrity of it.
j
Page 14 of 16
INITIAL
�
ORIGINAL
SMOKING AND/QR USE OF 'TOBACCO PRODUCTS IS PROIIIt3I"TED IN ANY Or THC PLEMMONS
INDUSTRIAL PARK OFFICES OR BUILDINGS.
Call the Property Manager at(253)854-2600 if you have any needs or questions.
Landlord:PLEMMONS INDUSTRIES,INC,
Sheer affi�Generflager Date
Tenant: CITY OF KENT
...............
Dana Ralph,Mayor Da
Page 15 of 16
INITIAL
ORIGINAL
EXHIBIT"A"
SIGN CRITERIA
Nor t h uWa.s t
Tape & Audio
+Teape & UG
�lJ rtCCFIVINC 12"X48' SHIPpINC
i
• All signs must be 3'X 6'and centered 16"tip from door and windows(as per above sample.)
• All signs must have radius corners,the body of(lie sign must be painted in Rodda Paint Company's CP13 Pigeon
#532001 with the edge trimmed in the Rodda Teal color#K'I2496J1791. Any"shipping"or"receiving"signs will
be in the Pigeon color base with'Peal letters.
• IJse of any color of letters identifying your business name is acceptable and logos are also acceptable.
Advertising of any kind,however, is not acceptable. Phone numbers are not acceptable.
• Only one sign per Tenant will be allowed.
• All signs must be approved by the Landlord prior to installation. It is advised to have the drawing;approved,
prior to fabrication.
In lien of3'x 61sign above door,Tenant may install tine following:
• White vinyl lettering of business name may be applied to window. Letters shall not exceed 3"in height and must
be centered on window, 16"clown from top portion of window.
Page 16 of 16 _
ois
RIGIN
Addendum B
In consideration of the execution or renewal of a lease agreement of the dwelling unit identified in the lease
agreement,Owner/Landlord and Tenant agree as follows;
1, Neither tenant nor any member of the tenant's leased space/unit nor a guest nor other person tinder the
tenant's control shall engage in criminal.activity,including drug-related criminal activity,on or near the
said premises,"Drug-related criminal activity"means the illegal manufacture,sale,distribution,use,
possession or possession with intent to manufacture,sell,distribute,or use of a controlled substance(as
defined in Section 102 of the Controlled Substance Act[21 U,S,C.Section 802]).
2, Neither tenant,nor any member of the tenant's space/unit nor a guest nor other person tinder the tenant's
control shall engage in any act intended to facilitate criminal activity,including drug-related criminal
activity,on or near the said premises,
3. Neither tenant,nor any member of the tenant's space/unit shall permit the dwelling unit to be used for
criminal activity,including drug-related criminal activity,regardless of whether the individual engaged in
such activity is a member of the leased space/unit,or a guest.
4. Neither tenant,nor any member of the tenants space/unit nor a guest nor other person under the tenant's
control shall engage in the unlawful manufacture,selling,using,storing,keeping,or giving of a drug or
controlled substance as defined in Chapters 69,41,60.50 or 69,52 RCW,at any location,whether cm or near
the dwelling unit premises or otherwise.
5. Neither resident,nor any member of the resident's space/unit nor a guest nor other person under the
resident's control shall engage in any illegal activity,including prostitution as defined in RCW 9A,88,030
including but not limited to the unlawful discharge of Firearms,on or near the dwelling unit,or any breach
of the lease agreement that otherwise jeopardizes the health,safety and welfare of the landlord,his agent or
other tenant or involving imminent serious property damage,as defined in 9A..48,070.100 RCW.
6. Any tenant,or member of the tenant's space/unit,who is or has been a victim of domestic violence,is
encouraged to take reasonable action so safeguard themselves,other members of the community,and
property from future injury or damage.This may include obtaining a protection order against potential
abusers,filing a copy of said protection order and a picture of the respondent with management,report any
violation of the protection order to the police and management,and prepare and file a personal safety plan
with management.
7, VIOI.,ATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND.IRREPARABLE
VIOLATION OF THE LEASE AGREEMENT AND GOOD CAUSE FOR TERMINATION OF
TENANCY.A single violation of any provisions of this addendum shall be deemed a serious violation and
material and irreparable non-compliance,It is understood that a single violation shall be good cause for
immediate termination of the lease,There is no"good cause"requirement in Washington for lease
terminations,Unless otherwise prohibited by law,proof of violation shall not require criminal conviction,
but shall be by a preponderance of the evidence.(Any violation of paragraphs 1 through 5 of this addendum
shall be a nuisance and landlord may terminate the lease or rental agreement pursuant to RCW 59,12.030,
Sub Section 5),
8. Except as provided herein,the provisions of the lease agreement shall remain in full force and effect, In
case of conflict between the provisions of this addendum and any other provisions of the lease agreement,
the provisions of the addendum shall govern.
9, This LEASE AGREEMENT ADDENDUM is incorporated into the lease agreement executed or renewed
this day between Landlord and
PC Q
C�
Tenant Signature pate
T77
pip �
Prop IN Hager s Signature property Name Date
ITI
AL
ORIGIN
AL .......... ���"`
ADDENDUM"C"
RENTSCHEDULE
Tenant covenants and agrees to pay Landlord a minimum monthly Rental Charge and CAM fees
for the Premises according to the.following schedule:
June 1.,2024 through May 31,2027 $2,425.00 (Two Thousand Four I.-lundredTwenty-Five
Dollars and 00/100) RENT.
June 1,2024 through May 31,1227 $800.00(Eight Hundred and 00/100) CAM,
Upon commencement, of the lease,'Tenant agrees to match the Last Month's Rent/CAM to equal
the monthly rent.
Additional Last Month's Rent Deposit-$100.00 (One Hundred Dollars and 00/100).
114t>x(t)
Additional CAM Deposit-S One Hundred Seventy-Five Dollars and 00/100).
..........................
Landlord: PLEMMONS INDUSTRIES, INC.
Date: '5c�gb4
Sherry Da in, roper�tyan`ager ----------
Tenant: CITY OF DENT
_LD Date:
Dana Ralph, Mayor
ORIGINAL
ACKNOWLEDGEMENT
(Corporate)
STATE OF WASHINGTON
County of KING)ss.
I certify that I know or have satisfactory evidence that s istare the person(s) who
appeared before me, and said person(s) acknowledged that signed this instrument, on oath stated that
was authorized to execute the instrument and acknowledged it as the
_.....-_ I ufw-
.....- - - - of .,., _1 to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument,
Given Under My Hand and Official Seal this -�_1 day of___ _............. _, :. _.
p MCCC it/,
Notary Public in and for the State of WASHINGTON
r'
0 �"% My appointment expires: 0.
y .+
d
J � ljhtt��.w`,Y• C!�w
�i11111 iO`W`
ACKNOWLEDGEMENT
(Corporate)
STATE OF WASHINGTON
County of KING)ss.
I certify that I know or have satisfactory evidence that SHERRY DAFFIN is the person who appeared before me, and
said person acknowledged that SHE signed this instrument, on oath stated that SHE was authorized to execute the
instrument and acknowledged it as the GENERAL MANAGER of PLEMMONS INDUSTRIES, INC to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument,
Given Under My Hand and Official Seal this2--ZnAay of --- .
•�Q��' •Fyn.
__.°�Aqy %�otary Public in and for the State of WAS
My appointment expires:
•