HomeMy WebLinkAboutKC Library Lease with DORCOLEASE AGREEMENT1—COMMERCIAL PREMISES
LEASE AGREEMENT (tile "Lease") made thisc2L!dday of aaok , 2010 (the
"Effective Date") by and between DORCO, INC., a Washington corporation ("Landlord") and
the KING COUNTY RURAL LI131ZARY DISTRICT, doing business as The King County
Library System, a Washington rural library district ("Tenant"),
WI'1'NESSEI'H:
1, PREMISES: Landlord does hereby lease to Tenant that certain Uuilding
commonly known as H 40 Auburn Way South, Auburn, WA 98002 (the "Premises' ), situated
upon land legally described in Exhibit A attached hereto and outlined in red on the map attached
hereto as Exhibit B (hereinafter called the "Property"). The Premises includes approximately 10
parking stalls located on the south side of the Premises together with rights of ingress to and
from the Premises and public streets known as Auburn Way South and J Street SE, using the
existing driveways and drive lanes located on the Properly. Tenant has access to and use of other
parking located on the Properly. The Premises do not include the other building on the Property
which is located to the south of the Premises and Landlord reserves a non-exclusive access area
as shown on the site plan which is intended to allow for truck access to and from the other
building located on the Property.
2, TERM: This Lease shall continence on November 1, 2010 and shall
automatically terminate July 31, 2012 (`"feerm"), unless prior to the scheduled expiration date, the
parties mutually agree to extend the Term of this Lease. It is the intent of the parties that the
Term of this Lease shall be of sufficient duration for Tenant to undertake and complete the
expansion to the existing Auburn public library located adiacent to the Property at 1102 Auburn
Way South. 'Tenant shall have the right to terminate this Lease upon thirty (30) days prior
written notice after December 1, 2011.
3, RENT: Rent payable under this Lease shall be Three Thousand Seven .Hundred
Fifty Dollars ($3,750.00) per month, payable on or before the fifth (51h) day of each calendar
month during the'Terni of this Lease. Rent for any partial month shall not be prorated on a daily
basis. There shall be no rent payable for the month of November 2010 only; however, 'Tenant
will be responsible for payment of water, sewer and garbage charges for November 2010, The
rent includes property taxes, surface water management charges and insurance applicable to the
Premises and the Property,
4. USE: Tenant shall use the Premises for the purpose of operating a public library
thereon including parking for Tenant's employees and library patrons and for no other purposes
without the written consent of Landlord. Tenant shall comply with all laws, statutes, ordinances
and governmental rules and regulations now in force or which may hereinafter be enacted
relating to or affect the condition, use or occupancy of the Premises as a public library.
5. UTILITIES AND FEES: In addition to the rent specified in Section 3, Tenant
agrees to pay for all utilities and other services provided to the Premises during the Term of this
],case, including electricity, heat, water, sewer, garbage, and telephone and telecommunication
services, all of which shall be separately metered and billed directly to 'Tenant. Landlord (and
not Tenant) shall be responsible for any utilities provided to the other building located on the
Property and which is not part of the Premises demised to Tenant under this Lease. The other
building is submetered for electricity and Landlord shall reimburse Tenant monthly for the
amount of electricity actually used by the other building. If any utility service is not separately
metered to the Premises, Landlord and Tenant agree that Tenant shall pay its Pro Rata Share (as
hereinafter defined) of all such utility charges which are jointly metered or otherwise measured
as reasonably estimated by Landlord and payment shall be made by "Tenant to Landlord within
thirty (30) days following Tenant's receipt of a statement for such charges. 'Tenant's Pro Rata
Share of all cormnon utilities is agreed to be $150 per month for storm water management
charges (which is included in the Rent amount shown in paragraph 3 of this Lease) and 100% of
the charges for water, sewer and garbage services provided to the Premises.
6. MA1NTIr,NANCP ANll I21;PAIRS Or PREMISES. The Premises have been
inspected and are accepted by Tenant in their present condition. Landlord agrees, at its sole cost
and expense, to maintain and repair the roof. downspouts, all utility lines and equipment located
outside of the Premises, all exterior and load bearing walls (excluding glass) and building
foundations in good condition and repair. Landlord has disclosed and Tenant acknowledges that
there is an occasional roof leak by the front air return and in the rear storage area of the Premises.
Landlord has made multiple past attempts to patch these leaks. Landlord will hire a licensed and
bonded roofer to repair the leaks prior to the commencement of the term of this Lease. 'Tenant
shall not be required to maintain the roof in good condition and repair, but shall have the right, at
its sole cost and expense, to undertake further temporary repairs to the roof during the term of
(his Lease. Tenant will not hold Landlord responsible for any loss or damage to Tenant's
personal property or trade fixtures resulting from roof leaks, and Landlord will not hold Tenant
responsible for any loss or damage to the Premises resulting from roof leaks. Landlord and
Tenant agree that there will be no offset against Rent otherwise payable under this Lease because
of the leaks in the roof of the Premises at the locations disclosed above. Tenant agrees at its
expense to maintain the Premises including interior plumbing, healing and electrical systems, all
interior walls, ceilings, windows, doors, glass located within the Premises and all sidewalks,
landscaping, driveways, chive lanes, parking spaces loading docks, fences, signs and other items
located on the Property (excluding any obligation to repair or maintain the other building located
on the Property which is not included within the Premises or any damage caused by the tenant of
llie other building located on the Property) in good condition and repair, subject to ordinary wear
and tear and damage by fire or other casualty excepted.
7. AL'TERA'I'IONS: "Tenant shall make no alterations, additions or improvements
to the Premises (other than remodeling of the bathrooms to make them AI)A compliant) without
the prior written consent of Landlord, which consort shall not be unreasonably withheld. All
alterations, additions and improvements shall be at the sole cost and expense of Tenant and shall
be performed in a good and workmanlike manner by qualified individuals, Tenant shall comply
with all applicable laws, ordinances, rules and regulations in connection with such alterations.
Tenant shall furnish to Landlord copies of all notices, permits, plans and studies concerning all
alterations to the Premises or the Property. All alterations made by Tenant during the Term
shall, unless the parties agree otherwise at the time that Landlord consents to such alteration,
become part of the Premises and shall be surrendered with the Premises upon expiration or
earlier termination of this Lease. All trade fixtures and equipment which has not been affixed to
the Premises and can be removed without material damage to the Premises shall remain the
"2" _enytora>_:yrpRvtslso
property of Tenant and shall be removable by Tenant at any time provided Tenant repairs any
damage to the Premises caused by the removal of such trade fixtures and equipment.
8. LIENS: Tenant shall keep the Premises free from any liens arising out of any
work performed for, material furnished to, or obligations incurred by Tenant (individually and
collectively, "Liens"). Tenant shall promptly, and in all events within ninety (90) days following
the attachment of same, remove and discharge any and all such Liens (other than Liens which
arise through the actions of Landlord or other tenants of the Property). Tenant reserves the right
to contest the validity or amount of any such Liens in good faith so long as cacti such Lien is
fully paid, discharged of record or a bond recorded eliminating each such Lien as au
encumbrance on the Premises within thirty (30) days following entry of a final judgment with
respect to each such Lien. Tenant's obligations under this Section 8 shall survive expiration or
termination of this Lease.
9. SUIILI;TTING OR ASSIC,NMLNT; Tenant shall not sublet the whole or any
part of the Premises, not, assign this Lease, without the written consent of Landlord. This Lease
shall not be assignable by operation of law.
10. INSURANC>J ANl) LIABILITY:
(a) Liability insurance. Tenant shall obtain and keep in force during the']'erm
of this Lease a policy of commercial general liability insurance, including bodily injury and
property damage coverage insuring Landlord and Tenant with limits of liability of not less than
$1,000,000.00, combined single limit per occurrence for bodily injury, sickness or death and
property damage. Landlord shall be. named as all additional insured on said policy which shall
be primary and non-contributing with any insurance carried by Landlord.
(b) Pro c�•rty Insurance. Landlord shall obtain and keep in face during the
Term of this Lease property insurance on the Premises against loss o• damage by fire and other
causes in such amount as landlord may determine. Said insurance shall provide for payment of
loss thereunder to Landlord. The cost of such property insurance is included in the rent payable
by Tenant under Section 3 of this Lease.
(c) Coverag_e for-a'enant's Personal Proms. '1'enaat shall ai its sole cos[ and
expense, insure its personal property or Trade fixtures on the Premises against loss or damage
under insurance policies of the type now known as "all risk" or "special cause of loss" property
insurance in an amount equal to the replacement cost thereof. Landlord shall have no obligation
to insure any of Tenant's personal property or trade fixtures nor any obligation to repair, replace
or restore same when damaged or destroyed from any cause whatsoever.
(d) General Insurance Pequirenncnts. Each insurance policy required under
this lease shall be written by a responsible insurance company licensed to do business in the
State of Washington and shall contain a provision requiring not less than thirty (30) days' written
notice to Landlord (ten (10) days for non-payment of premiums) prior to reduction om•
cancellation of coverage. Tenant shall pav all premiums foil the insurance required above when
due (except for the insurance required under Section 10(b) which shall be provided and paid foil
by Landlord). Tenant shall promptly furnish Landlord with certificates of insurance and
-3' J�31L�wr{uLQtwasnu
evidence reasonably satisfactory to Landlord of the maintenance of such insurance and of the
payment of the premiums as required under the terms of this Section 10.
(e) Waiver of Subrogation. Landlord and Tenant each hereby waive any and
all rights of recovery against the other and the officers, employees, agents and representatives of
the other for loss or damage to such waiving party or its property or the property of others under
its control to the extent that such loss or damage is insured against under any insurance policy in
effect at the time of such loss or damage. Each party shall cause its respective insurance
carrier(s) to issue an endorsement waiving subrogation rights.
III DAMAGE, DESTRUCTION OR CONDEMNATION OF PREMISES: Ill
the event of any condemnation, damage or destruction to the Premises, in whole or in part, which
cannot be repaired or restored to substantially its prior condition within sixty (60) days following
such condemnation, damage or destruction, either party shall have the right to terminate this
Lease as of the date of such condemnation, damage or destruction by written notice to the other.
If neither party elects to terminate this Lease, then Landlord or Tenant, as applicable, shall
proceed diligently to repair or restore the Premises as nearly as practicable and in full
compliance with all legal requirements to substantially the same condition in which it existed
immediately prior to such damage or destruction, this Lease shall remain in full force and effect
and rent payable by Tenant shall be abated proportionately based on the extent to which Tenant's
use of the Premises is impaired during the period of such repair, reconstruction or restoration.
All property insurance foil damage to the Premises and/or condemnation proceeds payable in
connection with any taking or damage to the Premises shall be payable solely to Landlord and
Tenant waives all rights with respect thereto. 'tenant shall have the right to retain all insurance
o• condemnation proceeds payable ill connection with the condemnation, damage or destruction
to its personal property or trade fixtures.
12. ACCIDENTS AND LIABILITY: Tenant agrees to protect, defend, indemnify
and hold Landlord and its agents and its employees harmless from any claim, action and/or
judgment for damages to properly or injury to persons suffered o• alleged to be suffered on the
Premises or the Property and resulting from the negligent act or omission of Tenant or its agents
or employees; provided, however, that this indemnification shall not extend to any claim to the
extent caused by the negligent act or omission of Landlord o• its agents or employees of any
third party. This indemnification shall survive expiration or termination of this Lease.
13, COSTS AND ATTORNEY'S FEES: If a legal action is instituted by reason of
any default of breach on the part of either party in the performance of any of the provisions of
this Lease the losing party agrees to pay all reasonable costs and attoney's fees incurred by the
prevailing party in connection therewith.
14. NO WAIVER OF COVENANTS: Any waiver by either party of any breach
hereof by the other party shall not be considered a waiver of any future o• similar breach.
15. DEFAULT BY TENANT: hn the event of (i) any default or breach of this Lease
by Tenant in the payment of rent or any other payments required to be made by 'tenant
hereunder as and when due, which default is not cured within tell (10) days following written
notice thereof from Landlord, or (ii) any other default or breach of this Lease by Tenant which
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default is not cured within thirty (30) days following written notice thereof from Landlord
(except for defaults which by their nature cannot be cured within thirty (30) days in which event
tenant shall not be deemed to be in default if Tenant has commenced such cure within such
thirty (30) day period and thereafter diligently prosecutes such cure to completion), Landlord
may at any time thereafter, terminate Tenant's right to possession by any lawful means, in which
case this Lease shall terminate and Tenant shall immediately surrender possession of the
Premises to Landlord. Landlord shall be entitled to recover from "tenant all damages incurred by
Landlord by reason of Tenant's default, including the amount of any unpaid rent or other charges
which Tenant was obligated to pay under the terms of this Lease (less the amount of such rental
Toss that is proved could be reasonably avoided) and all costs incurred by Landlord in the
rennoval of all of Tenant's personal property and trade fixtures from the Premises.
16. SURI2h;NDER Or PREMISES: Upon the expiration o• earlier termination of
this Lease, Tenant shall surrender the Premises in the same condition as received, ordinary wear
and tear and damage by fire or other casualty excepted. 'Tenant also agrees upon termination of
this Lease to all of Tenant's personal property, including trade fixtures and equipment then
located on the Premises, at its sole cost and expense, and repair any material damage to the
Premises caused by such removal without further notice and leave the Premises in broom clean
condition. Tenant shall use reasonable efforts to remove its properly from the Premises within
ten (10) days. Any property not so removed within thirty (30) days following the expiration or
earlier termination of this Lease, may be removed from the Premises by Landlord and stored and
disposed of by Landlord and the cost of such removal, storage and disposition shall be borne by
l'enant.
17. SUI3ORllINATION, NON-DIST'URI3ANCE AND AT7'O12NMENT; QUIET
UNJOYMPN'I :
A. This Lease shall be subject and subordinate to the lien of any mortgages of deeds
of trust now or hereafter recorded against the Property of which the Premises are a part;
provided, however, that the subordination of this Lease shall be conditioned upon a non -
disturbance agreement being delivered to Tenant from such current or future mortgagee in which
the mortgagee agrees: (a) not to disturb the Tenant's possession of the Premises and other rights
of tine Tenant under this Lease so long as the Tenant continues to perform its obligations
hereunder, and (b) in the event of acquisition of title, or coming into possession by the mortgagee
o• beneficiary through foreclosure proceedings, deed in lieu of foreclosure or otherwise, to
accept Tenant as the tenant of the Premises under the terms and conditions of this Lease and to
perform all of the Landlord's obligations under the terms of this Lease accruing after such
acquisition of title o• coming into possession.
I3. Landlord covenants and agrees with Tenant that upon "tenant paying rent and
other monetary suns due under this Lease and performing its covenants under this Lease, Tenant
shall have the right to peaceably and quietly have and enjoy the Premises for the Term, subject,
however, to the terms of this Lease.
18, NOTICES: Any notice required to be given by either party to the other shall be
deposited in the United States mail, postage prepaid, addressed to the Landlord or Tenant as
follows:
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Landlord: Dorco, Inc.
1908 SW 166°i
Burien, WA 98166
Attn: Richard L. Herr
1'enanl: King County Library System
960 Newport Way N.W.
Issaquah, WA 98027
Attn: Kay Johnson
o at such other address as either party may designate to the other in writing from lime tc time.
19. TTMr IS Or THh, hSSrNCl; 01<' THIS LTAS);.
20. AUTHORITY OT PAI2TIRS: Each individual executing this Lease on behalf of
Landlord or Tenant represents and warrants that lie or she is duly authorized to execute and
deliver this Lease on behalf of Landlord or Tenant, as applicable.
21. MISCI;LLANrOUS:
A. Phis Lease and any exhibits or attachments hereto and forming a part
hereof sets forth the entire agreement of Landlord and Tenant with respect to the lease of the
Premises, and there are no other agreements or understandings, oral or written, between Landlord
and Tenant. Any subsequent modification of this Lease shall be binding upon Landlord and
Tenant only if reduced in writing and signed by the party intended to be bound thereby.
I3. The relationship between Landlord and "Tenant under this Lease is solely
that of landlord and tenant of real property. It is not intended by this Lease to and nothing
contained in this Lease shall create any partnership, joint venture or other relationship between
Landlord and Tenant. No term or provision of this Lease is intended to be for the benefit of any
other person, firm, organization or corporation nor shall any other person, firm, organization or
corporation have any right or cause of action hereunder.
C. This Lease may be executed in counterparts each of which constitutes an
original and all of which together constitute but one original.
D. If any provision of this Lease or the application thereof to any person o-
circumstance shall to any extent be invalid or unenforceable, the remainder of this I.,ease or the
application of such provision to persons or circumstances other than those as to which it is
invalid or unenforceable shall not be affected thereby, and each provision of this Lease shall be
valid and enforceable to the fullest extent permitted by law.
E. The provisions of this Lease shall be construed as a whole according to
their common meaning and not strictly for or against any party and consistent with the provisions
contained herein in order to achieve the objectives and purposes of this Lease. Each party hereto
and its counsel has reviewed and revised this Lease and agrees that the normal rules of
construction to the effect that any ambiguities are to be resolved against the drafting party shall
not be construed in the interpretation of this Lease.
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P. Landlord and Tenant each represent to the other that neither is represented
by any broker, agent or finder with respect to this Lease in any manner. Each party agrees to
indemnify and hold the other party harmless from and against any and all liability, costs,
damages, causes of action or other proceedings instituted by any broker, agent or finder, licensed
or otherwise, claiming through, under or by reason of the conduct of the indemnifying party in
any manner whatsoever in connection with this Lease, which indemnification shall survive the
expiration or earlier termination of this Lease.
G. If Tenant remains in possession of the Premises or any part thereof after
the expiration of the Term, such occupancy shall become a tenancy from month to month at the
rent of $4,000 per month then payable under this Lease and upon all of the terms otherwise
applicable to a month to month tenancy.
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22. BINDING EFFECT; CHOICE OF LAW: This Lease sliall be governed by
Washington law and venue of any action shall lie in King County, Washington. Each agreement,
term, covenant and provision of this Lease to be performed by Landlord or Tenant sliall be
construed to be both a covenant and a condition. Each party will carry out its obligations under
this Lease diligently and in good faith. The covenants and agreements of this lease shall be
binding upon the successors and permitted assigns of both parties hereto,
IN WITNESS WHEREOF, the parties hereto have executed this Tease as of the date
and year first above written.
LANDLORD:
DOI2CO3 INC, a Washington corporation
Name:
TENANT:
KING COUNTY RURAL LCBRARY
DISTRICT, doing business as The King
County Library System, a Washington rural
library district Name:
Title:
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STATP OF WASHINGTON )
) ss.
COUNTY OP KING )
r / /
On this 7f day of ,fh ' , 2010 before me personally appeared �i,,:/,,r A L /147//and said
person acknowledged that he signed this insUument, and on oath stated that he was authorized io execute the
instt ument and acknowledged it as the l=i rs, ; L.ei;_ of DORCO, Inc., a Washington corporation, to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
hi Witness Whereof I
have hereunto
set my hand and affixed
my official seal the day and year first
above written.
/
� L =%1" -
Nb my Pt blic
Print Name _ `i ct i% ; t
My commission expires Z6
snncc
srA'rcor• wAsruNGTGN )
ss.
COUNTY OP KING )
On this oC /7 Kt{ay or DGvBolo, before me personally appeared,'// G_P%
known to be the individual described in and who executed the within instrutent, and
ac t ox signed and scaled the same as the free and voluntary act and deed of the KING
COUNTRY RURAL LIBRARY DISTRICT, d/b/a the KING COUNTY LIBRARY SYSTEM, for the
purposes and uses therein mentioned, and on oath stated that hG• was duly authorized to execute said
document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first
above written.
Notary Publicp C) Print Name L� [/gyp/
>�, OT' `d�.�,%'; My commissiorf)n
l,n till*.
Kq
me lease nareemontaoc
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IX1111311 A
Le gat. I Ijcscription of Premises
The Premises consist of a buildingstreet address 1140 Auburn Way South, approximately
10 parking stalls located on the south side of the building and rights of ingress and egress to and
from public streets adjoining the Property commonly known as Auburn Way South and J Street
SE. and more particularly outlined in red on the site map annexed hereto as Exhibit B. "Tenant
also has access to and use of other parking on the Property. The Premises are located on a
portion of real property situated in the City of Auburn, King County, Washington and more
particularly described as follows:
[insert legal description]
A-1 uvetnomrnutmetiwm
EXHIBIT B
Site an Showing I ocation of PI'01111SCS on the Property
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Parcel Man and Data
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Parcel
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(C)2010 King
Cc3YtgYp!'!1U
#UY•iGCt"l4D !1�.';:II
Number 1921059299
Site Address 1140 AUBURN WAY S
Zip code 98002
Taxpayer DORCOINC
The information included on this map has been compiled by King County staff from a
variety of sources and is subject to change without notice. King County makes no
representations or warranties, express or implled, as to accuracy, completeness,
timeliness, or rights to the use of such information. King County shall not be liable for any
general, special, indirect, incidental, or consequential damages including, but not limited
fo, lost revenues of lost profits resulting from the use or misuse of the Information
contained on this map. Any sale of this map or information on this map is prohibited
K� County � G�S_Centor � News � Services � Comme_nts, � $i
By
visiting this and other King County web pages,
you expressly aflree to be bound by terms and conditions of the site.
The dpSails,
http://www5.kingcomlty.gov/parcelviewedPrint_ Process.asp 8/25/2010
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