HomeMy WebLinkAboutMultiCare_MelsLot_parkadjustment_7-10-18CITY OF
AtJB-IJRN Nancy Backus, Mayor
WAS H INGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
July 10, 2018
MultiCare Health System
c/o CB Richard Ellis
2106 Pacific Avenue, Suite 400
Mail Stop 2106-4-CBRE
Tacoma, WA 98402-0299
Attention: Property Management
Dear Sir or Madam:
MultiCare Health System currently leases approximately 80 spaces from the City of Auburn via a master
lease dated March 11, 2010 and update on September 15, 2012 for the MultiCare Auburn Medical
Center (MAMC). The original lease and landlord estoppel certificate note 80 spaces but it is actually 81
spaces.
The purpose of this correspondence is twofold:
First, the City is reducing the number of spaces available for lease, per Section 2.1 of the March 11, 2010
agreement, by seven (7). Spaces no longer available are numbers 101-107. The remaining 74 spaces are
still available to the MAMC. A new map of the lot is attached with the MAMC spaces outlined in red and
spaces 101-107 highlighted in blue. The remaining 74 spaces identified as 23-30, 37-44, 51-100, and
108-115 will remain in the lease at this time.
Secondly, the City is increasing the monthly rent to seventy and 00/100 ($70) per parking stall, plus
applicable operating costs as defined in Section 3.2. This will bring the monthly lease rate per stall
commensurate with other City permitted spaces in the downtown area. Minimum monthly rent shall be
five thousand one hundred eighty and 00/100 dollars ($5,180).
The reduction in spaces and new rate is effective September 1, 2018. If you have any questions, please
do not hesitate to contact me. Attached are the original agreement(s) and the revised parking map.
Sincerely,
Shelley Colema
Finance Director
253.804.5019
Enclosures
Copy: Nancy Backus, Mayor
Chase Donnelly, Accounting Manager
Jeff Tate, Community Development Director
AUBURN , MORE THAN YOU IMAGINED
Exhibit attached to MultiCare lease with the City showing division of spaces
within the Mel's Lot
R'XHIgST A
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MELS LUMBER
PORTIONS CF THE SE1/4 NEt/4, SEC 13, T21K R4E, W.M, CITY OF AMR`!,
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LANDLORD'S ESTOPPEL CERTIFICATE
THIS LANDLORD'S ESTOPPEL CERTIFICATE ("Certificate"), dated as of September 15,
2012, is executed by City of Auburn — Mel's Lumber Parking ("Landlord") in favor of MULTICARE
HEALTH SYSTEM, a Washington non-profit corporation ("Bra").
RECITALS
A. Buyer and AUBURN REGIONAL MEDICAL CENTER, INC. ("ARMC") have entered
into an Asset Purchase Agreement, dated as of May 1, 2012 (the "Purchase Agreement"), whereby Buyer
has agreed to purchase, among other things, certain leasehold interests of Tenant in King County,
Washington,
B. Landlord and ARNIC ("Tenant") are parties to that certain Lease Agreement dated as of
March 11, 2010 (together with all amendments, modifications, supplements, guarantees and restatements
thereof, the "Lease").
C. Pursuant to the Purchase Agreement, Tenant has requested Landlord to execute and
deliver an estoppel certificate certifying the status of the Lease with an understanding that Buyer will rely
on Landlord's representations in acquiring Tenant's interest under the Lease.
NOW, TIIEREFORE, Landlord certifies and represents to Buyer the following:
1. Lease. Attached hereto as Exhibit 1 is a true, correct and complete copy of the Lease,
including all amendments, modifications, supplements, guarantees and restatements thereof, except the
following: None. (If none, please state "None.")
2. Leased Premises. Tenant leases those certain premises (the "Leased Premises")
consisting of 80 parking spaces during the term of the Lease.
3. Full Force and Effect. The Lease has been duly authorized, executed and delivered by
Landlord, is in full force and effect, has not been terminated and constitutes a legally valid instrument,
binding and enforceable against Landlord in accordance with its terms.
4. Complete Agreement. The Lease constitutes the complete agreement between Landlord
and Tenant for the Leased Premises and, except as modified by any Lease amendments noted in Section t
above (if any), has not been modified, altered or amended.
Lease Term. The term of the Lease commenced on March 11, 2010 and is currently
month to month.
6. Rights of Tenant. Tenant has no option, right of first refusal, right of first offer, or other
right to acquire or purchase all or any portion of the Leased Premises except as follows: None.
(If none, please state "None.")
NIHS Landlord Estoppel Certificate Page I
ND: 20273.00301 4351-7350-299M Cily ofAttburn — Mel's Lumber Parking
7. Rent.
(a) The obligation to pay rent tinder the Lease commenced on March 11, 2010. The
rent under the Lease is current, and Tenant is not in default in the performance of any of its obligations
under the Lease.
(b) Tenant is currently paying base rent under the Lease in the amount of $3,610.88
per month which includes leasehold excise tax at 12.84% (currently being paid at the rate of $410.88 per
month).
(c) Tenant's estimated share of operating expenses, common area charges, insurance,
real estate taxes and administrative and overhead expenses is $383.00 per month.
8. Security Deposit. The amount of Tenant's security deposit held by Landlord under the
Lease is $0.
9. Prepaid Rent. The amount of prepaid rent, separate from the security deposit, is $0.
10. No Defaults. To the best of Landlord's lalowledge and belief, there presently is no
default or other wrongful act or omission by Tenant under the Lease or otherwise in connection with
Tenant's occupancy of the Leased Premises, nor is there a state of facts which with the passage of time or
the giving of notice or both could ripen into a default on the part of Tenant.
11. Assignment by 'Tenant. Landlord has received no notice of any assignment,
hypothecation or pledge of the Lease by Tenant. Landlord hereby consents to an assignment of Tenant's
interest in the Lease to be executed by Tenant to Buyer in connection with the closing of the Purchase
Agreement.
12. )Cnviromnental Matters. To the best of Landlord's knowledge, Tenant's operation and
use of the Leased Premises does not involve the generation, treatment, storage, disposal or release into the
environment of any hazardous materials, regulated materials and/or solid waste, except those used in the
ordinary course of Tenant's business operations and is otherwise used in accordance with all applicable
laws.
13. Buyer Address. Landlord acknowledges that Buyer's address for notice purposes
following Buyer's acquisition of Tenant's interest in the Leased Premises is as follows:
MultiCare Health System
c/o CB Richard Ellis
Attn: Property Management
2106 Pacific Avenue, Suite 400
Mail Stop 2106-4-CBRE
Tacoma, WA 98402-0299
Telephone: 253.792,6421
Landlord makes this Certificate with the knowledge that it will be relied upon by Buyer in
agreeing to purchase the Property.
MRS Landlord Estoppel Certificate Page 2
ND: 20273.00301 4851-7350-2991v1 City ofAithurn — lulel's Lzanber Parking
Landlord has executed this Certificate as of the date first written above.
LANDLORD: City of Auburn — Mel's tLumber Parking
a v.V\ � 4�-1
By: 0 .�
Name:
Its:
MKS Landlord Estoppel Certificate Page 3
ND: 20273.0030t 4351-7350-2991vl City ofAubcirn —Mel's btinber Parking
EXHIBIT I
COPY OF LEASE
[To be attached.]
AIIHS Landlord Estoppel Certificate Lxhibii I
ND: 20273.00301 4851-7350-299 M
RESOLUTION _NO. 4 6.3 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY Or AUBURN;.WASHINGTON, AUTHORIZING
' THE MAYOR AND CITY CLERK TO EXECUTE A
PARKING LOTS, LEASE" AGREEMENT BETWEEN
THE CITY OF AUBURN AND AUBURN REGIONAL
'MEDICAL -CENTER
WHEREAS, the City of Auburn owns a parking lot situated on of King
County Tax Parcels.0492000460, 049200461 and 0492004.63; and
WHEREAS, Auburn Regional Medical'Center desires to lease a number
of parking stalls within the lot at a- price that is acceptable to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as -follows;
Section 1. The Mayor of'the.City of Auburn and the Auburn City Clerk
are -hereby authorized to execute a Lease Agreement between the City of
Auburn and Auburn Regional Medical . Center for parking stalls, which
agreement shall be in substantial conformity with the Mel's Parking Lot Lease
Agreement attached hereto, marked as .Exhibit "A" and incorporated herein by
this reference.
Section 2. The.. Mayor is hereby authorized' to . implement such
administrative prooedures-as mdy.be necessary to carry out the directives of
this legislation.
u
Resolution No, 4638
August 24, 2010
Page 1 of 2
Section 3. This resolution shall be in full force ands effect upon
passage and signatures hereon.
I
Signed this day of 2010.
CI AUB,U
PETER B. LEWIS,;MAYOR
ATTEST:
Danielle E. Daskam, City' C,lerl<
APPROVED AS TO FORM:
Resolution -No, 4638
August 24, 2010
Page 2 of 2
MEL'S PARIUNG LOT LEASE AGREEMENT
THIS PARIUNG LOT LEASE AGREEMIi NT (this "Lease") is entered into
by and between Landlord and Tenant, as described in the following basic lease
information, as of the 11 day of /Um g,�, 2010. Landlord and Tenant
hereby agree as follows:
ARTICLE 1. BASIC LEASE INFORMATION.
1.1 In addition to the terms which are defined elsewhere in this Lease, the
following terms shall have the following meanings:
(a) Landlord: City of Auburn, a Washington municipal corporation
(b) Landlord's Address: 25 West Main St., Auburn, WA 98001,
(c) Tenant: Auburn Regional Medical Center (ARMC), a Washington
corporation
(d) Tenant Address: Plaza One, 202 North Division Street, Auburn,
WA 98001
(e) Parking Lot: Parking Lot located at King County Tax Parcel ID
nos. 0492000460, 0492000461 and 049200463.
(f) Parking Stalls: The spaces available for use by Tenant as identified
in the document titled "ARMC Parking Stalls" attached hereto as
Exhibit A, which Exhibit may be modified from time to time in
accordance with this Lease. Tenant's Monthly Rent as defined in
Section 0) of this Agreement shall be recalculated to reflect the
number of parking stalls Tenant retains.
(g) Term: The duration of the Lease shall be the Term. The Term will
commence on the Commencement Date and will expire on the
Expiration Date.
(h) Commencement Date: /i/(6g G q IS-1 V-6 I,(
(i) Monthly Rent: The total amount due from Tenant to Landlord.
ARTICLE 2. AGREEMENT USE MAINTENANCE AND REPAIR
2.1 Lease. Landlord hereby leases up to eighty (80) Parking Stalls to Tenant,
and Tenant hereby leases the Parking Stalls from Landlord, according to the terms and
1
conditions of this Lease. Landlord reserves the right to reduce the number of parking
stalls. available to .Tenant. The Landlord shall provide- Tenant with a minimum 'of thirty
(30) calendar days prior. written notice of tlie:n imber of -.packing- stalls that Landlord will
make ,available beginning the first day of the `month following the .notice, along with a
revised Exhibit reflecting'the Tenant parking stall'§. Landlord will -be:deemed to have
delivered p6sse9sion1 of the P,4king 'Stalls 'to.Ten, nt'on the Commencement- Date, and
Tenant will- be•deemed-to have acedpted•'the'Pai'king Stalls, based on itsown inspection
and not relying on any statement of tlie; condition of the.Parking Stalls by Tenant or its
agents, in its present "as --is" condition.
2.2 Use: Tenant shall use the, Parking Stalls only for the purpose of parking
motor vehicles and -purposes. picidental to that use.. Tenant shall not,aflow the Parking
Stalls to be used -for aiiy unlawfiil-purpcsse's or for pu poses'that may 'result i.n a violation,
of any -local, state 'or'federallaws, statutes 'or ordinances applicable to the Parking Stalls,
2.3 Maintenance and Repair. Tenant agrees to keep the Parking Stalls in good
order and repair.
2.4 ; Term. -The term of this lease shall- be month -to -month, with no set
expiration. date. Either party ma y_teiminate'this Lease on thirty (3.0) days' prior written
notice from the. teimindting party to the other party.
ARTICLE 3. RENT
3.1 Monthly Rent. Tenant shall pay the Monthly Rent to Landlord as rent for
the Parking. Stalls. Tenant agrees to pay forty ($40) dollars. per. parking stall', plus
applicalile-Operatirig'Costs•as defined inspection 3.2; per month: Minifnum-monthly resit
•shall be: thuee thousand* tw•o'hundred and 00/100 dollars' ($3,200)' in. 'rent plus any
applicable leasehold excise tax currently 12.84% for a monthly total -of three. thousand six
hundred ten and 88/100 dollars ($3;610.88).: Monthly Rent will be paid in advance, to
Landlord at -the City of Atibu- n 25 ' West Main Street, Auburn; WA 0' 04 or to such
other person•or place as,L;andlord designates to Tenant'.in writing; on of before the first
day of each calendar,month of the Term, without written notice or, demand.. - If the Term
commences _on a. day oth'er,.th m the, first day of a calendar month or ends on. a day other
than the 'last day of a calendar month, , then the Monthly Rent will be appropriately
prorated.
3.2 Operating Costs. Tenant acknowledges and agrees that costs and expenses shall
include, but are not limited to: - Leasehold Excise Taxes at 12.84%. of•the :Monthly Rent (if
Ldasehold -Excise Tax is required by state statute* �, any, pro rata share of costs and expenses
incurred%by Landlord in each month in•connect ion with.the upkeep, operation, rhaintenance,
repair, and management of.thd Parking Stalls,
ARTICLE 4. INSURANCE -AND INDEMNITY
4.1 Tenant's Insurance. At all times during the Term, Tenant will carry and
maintain, at Tefidnt's expense, the following insurance in the amounts specified below or
2-
such other amounts as Landlord may from time to time reasonably request, with
insurance companies and on forms satisfactory to Landlord to the extent allowed by
applicable law:
(a) Bodily injury and property damage liability insurance, with a
combined single occurrence, limit of not less than $,1,000,000. All such insurance will be
equivalent to coverage offered by a Commercial General Liability and Garage Keeper's
Legal Liability form including, without limitation, personal' injury, death of persons or
damage to propertyoccurring ift, on, or about the Parking Lot, and contractual liability
coverage for the performance by Tenant of the indernnity agreements set, forth in Section
4.3 of this Lease;
(b) Worker's compensation insurance insuring against and satisfying
Tenant's obligations and liabilities under the. worker's compensation laws of the State
where the Parking Lot is located, including employer's liability insurance in the limits
required by the laws of the'State where the Parking Lot is located;
(c) Auto. Liability for all owned, hired, or non -owned vehicles on the
Parking Lot, at a limit of liability not less than $1,000,000 combined bodily injury and
property damage; and
(d) Any additional insurance reasonably requested .by Landlord to
cover any unusual risks created by the nature of Tenant's use of the Parking Stalls.
4.2 Forms of the Policies. Certificates of insurance, together with copies of
endorsements, -when- applicable, listing Landlord and any others specified by Landlord as
an additional insured,' will be delivered 'to'Landlord prior to Tenant's occupancy of the
Parking Stalls and.from. time to time at least 10 days' prior to the expiration of the term of
each such policy. All Commercial General Liability or comparable policies maintained
by Tenant will name,.. Landlord and such'other persons or entities as Landlord specifies
from time to time as an additional insured entitling them to recover under such policies
for any loss sustained -,by them, their.agents and employees. All such policies maintained
by Tenanf will provide that they'may riot, be terminated nor may coverage be reduced
except after 30. days' prior written notice -to Landlord: All Commercial General Liability
and property policies maintained -by Tenant will be written as primary policies, not
contributing with and, not supplemental to the coverage that Landlord may carry.
4.3 Indemnification, Waiver, and Release.
(a) Indemnification, Tenant will neither hold nor attempt, to hold Landlord,
its employees or agents liable for, and Tenant will indemnify and hold Landlord, its employees
and..agents harmless from and against, any.and all demands, claims, causes of action, fines,
penalties, damages (including consequential damages), liabilities, judgments, and expenses
(including, without limitation, reasonable attorneys' fees) which arise out of of relate to: (1) the
use or occupancy or manner of use or occupancy bf the Parking Lot by Tenant or any person
claiming under Tenant; (2) any activity, work, or thing done or permitted by Tenant in or about
the Parking Lot; (3) any breach by Tenant or its employees, agents, contractors or invitees of this
Lease; and (4) any injury, loss or damage to the person, property or business of Tenant, its
employees, agents, or contractors or any invitees entering upon the Parking Lot under the express
or implied invitation of Tenant. If any action or proceeding is brought against Landlord or its
employees or agents by reason of any such claim for which Tenant has indemnified Landlord,
Tenant, upon written notice from Landlord, -will defend the same at Tenant's expense with
counsel reasonably satisfactory to Landlord.
(b) Waiver and Release. It is further specifically, and expressly
understood that the indemnification. provided herein constitutes the Tenant's waiver of
immunity, under Industrial Insufance, Title 51 RCW,, solely for the purposes of this
indemnification. This waiver' has. 'beeii mutually negotiated by the parties, The
provisions of this section shall survive the expiration or termination of this Agreement.
(c) Notwithstanding the above, Tenant shall not -be required to
indemnify Landlord for any claim, expense. or liability caused by the negligent or
intentional acts or omissions of Landlord, its employees, contractors or agents
ARTICLE 5. GENERAL
5.1 Events of Default. The occurrence of any one or more of the following
events shall constitute an "Event of Default" -under this Lease: (i) any ,part of the
Monthly Rent or Operating Expenses are not paid• when due, or (ii) any nonperformance,
breach or default under any other,provision of this Lease.
5.2 Landlord's Remedies, If any Event of Default occurs, then Landlord shall
have the right, at its election:
(a) To terminate this Lease, in which case Tenant's right to possession of the
Parking Stalls will cease and this Lease will be terminated as if the expiration of the term
fixed in such notice 'were the end of the Term,
(b) To cure any Event of Defat It and to charge Tenant for the -cost of effecting
such cure, including without limitation reasonable attorneys' fees and; Default Interest
provided that Landlord will have no obligation to cure any such Event of Default of
Tenant.
Each right and remedy,provided for in this Lease is cumulative and is in addition
to every other right or remedy provided for in this Lease or at law or in equity. If a
dispute arises under the terms of this'Lease or if, any payment required by this Lease is
not paid -when due and the matter is turned over to an.attorney, the prevalling party in the
dispute will be entitled to receive its reasonable attorneys' fees in addition to the other
damages and costs recoverable under this Lease.
5.3 Quiet Enjoyment. So long as Tenant performs all covenants and
obligations contained in, this Lease, Landlord warrants quiet enjoyment of the Parking
Stalls by Tenant; provided that Landlord, its agents or representatives may enter upon and
inspect the Parking Stalls at reasonable times upon reasonable notice. Landlord's failure
4
to comply with this Section shall not. give Tenant any right to terminate this Lease, to
abate or reduce the Monthly Rent; Operating Expenses or fail to perform !any of Tenant's
obligations hereunder.
5.4 Liens. Tenant will keep the Parking Lot free and clear of all mechanics'
liens and other liens on account of work done for Tenant or persons: claiming tinder
Tenant.
5.5 Environmental Matters.
(a) Tenant's Obligations.
(1) Tenant will not cause or permit the storage, treatment or
disposal of any Hazardous Materials in, on, or about the Parking Lot by Tenant, its
agents, employees or contractors. Tenant will not permit the' Parking Lit to be used or
operated in a manner that may cause the Parking Lot or any part of the'Parking Lot to be
contaminated by any Hazardous Materials in violation of any Environmental Laws.
Tenant will not use or permit the Parking Lot to be used for maintenance of its vehicles.
(2) Tenant will be solely responsible for and will defend,
indemnify, and hold Landlord, its agents and employees haimless from and against all
direct claims, costs,.and liabilities, including attorneys' fees Ind costs, arising out of or in
connection with Tenant's breach of its obligations in thus Section.
(3) Tenant will be solely responsible for and will defend,
indemnify and hold Landlord, its agents, and. employees harmless from; and against any
and all direct, claims, costs, and liabilities, including attorneys' fees and costs, arising out
of or in connection -with Tenant's introduction -of Hazardous Materials to the Parking Lot.
Tenant's obligations under this Section shall survive the expiration or other termination
of this Lease.
(b) Definitions.
"Hazardous Materials" means asbestos, petroleum products,
explosives, radioactive materials, hazardous waste, hazardous substances, or hazardous
materials including, without limitation, substances defined as "hazardous substances" in
the Comprehensive Environmental Response -Compensation Liability Act of 1980, as
amended, 42 U. S. C. Sec. 9601-9657' ("CERCLA"); the HazhrdoLls Material
Transportation Act of 1975, 49 U.S.C. Sec. 1801-18.12; the Resource Conservation
Recovery Acts of 1976, 42 U.S.C. Sec, 6901-6987; the Occupational Safety And health
Act of 1970, 29 U.S.C. Sec. 6901-6987;. the Occupational Safety And Health Act of
1970, 29 U.S.C. 651 et seq., or any other federal, state or local statute; law, ordinance,
code, rule, regulation, order or decree regulating, relating to, or imposing, liability or
standards of conduct concerning hazardous materials, wastes or substances now or at any
time hereinafter in effect (collectively, "Environ.mental Laws").
5.6 Termination. At the expiration or other termination of this Lease,
pursuant to Sections 2.4, 5.2, or 5.8 hereof, or through any other process or provision
hereunder or through any remedy available under the law, Tenant will promptly quit and
surrender the Parking Stalls to Landlord in good order and repair, ordinary wear and tear
excepted. All effects, additions and improvements on the Puking.Stallsl after the end of
the Term shall be deemed conclusively to have been abandoned and may be appropriated,
sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant or
any other person and'without obligation to account for them.
5.7 Assignment and Subletting. Tenant shall not assign or sublet the Parking
Stalls without the written approval of Landlord, , which approval may beI withheld in the
sole discretion of the Landlord. If Landlord consents "to a proposed assignment or
sublease, then Landlord may require Tenant to pay to Landlord a sum equal to 50% of
any rent and other consideration, profit or gain realized by Tenant from such sublease or
assignment, in-- excess of the rent allocable to the transferred space then being paid by
Tenant to Landlord pursuant to.the Lease' (aftei deducting the costs of Tenant, if any, in
effecting the assignment or sublease, including reasonable alteration costs, commissions
and legal fees). i
5.8 Subsequent Landlord. In the event of any sale or lease of Landlord's
interest in the Parking Lot, the Landlord 'shall be'relieved of all covenants and obligations
hereunder, and'this Lease shall be deemed terminated on notice to Tenant of such sale of
lease.
5.9 Notices. Notices and' other communications required tinder this Lease
shall be in writing and shall be deemed given (i) 'upon personal delivery, (ii) three (3)
business days after deposit in the United States. mail, first class, postage prepaid,
certified, return receipt'requested, or (iii) one (1) business day after timely delivery to an
overnight courier; to the addresses- as set forth iri Section 1.1. Either party may by similar
notice change the address to which ftdure notices or other communicatio i s shall be sent.
5.10 Time is of the Essence. Time is of the essence for leach and every
provision of this Lease.
5.11 No Waiver. The waiver by either Landlord or Tenant of any agreement,
condition, or provision contained in this Lease will not be deemed to be a waiver of any
subsequent breach of the same or any other agreement, condition, or provision contained
in this Lease.
5.12 JURY WAIVER. IF ANY ACTION, PROCEEDING, CLAIM OR
COUNTERCLAIM IS BROUGHT BY LANDLORD OR TENANT AGAINST THE
OTHER OR TIIEIR 'SUCCESSORS OR ASSIGNS WITH RESPECT TO ANY
MATTER WIIATSOEVER ARISING OUT OF -OR IN CONNECTION WITH THIS
LEASE, THE USE AND OCCUPANCY OF THE PARKING LOT, THE
RELATIONSHIP BETWEEN LANDLORD AND TENANT, ANY CLAIM FOR
INJURY OR DAMAGE, OR ANY EMERGENCY OR STATUTORY REMEDY,
0
LANDLORD AND TENANT EACH HEREBY KNOWINGLY AND VOLUNTARILY
WAIVES TRIAL BY JURY, IF LANDLORD COMMENCES ANY SUMMARY
PROCEEDING FOR NONPAYMENT- OF RENT, TENANT WILL NOT INTERPOSE
(AND WAfV-ES, THE* RIGHT TO INTERPOSE) ANY COUNTERCLAIM IN ANY
SUCH PROCEEDING.
5.13 Brokers. Landlord and Tenant respectively represent and Iwarrant to each
other that neither of them has consulted or negotiated with any broker or finder with
regard to the Parking Stalls and will defend, indemnify and hold the other party harmless
from any 'claims or damages, including reasonable attorneys' - fees, arising from any
breach of this provision,.
5.14 Authority. Each of the parties executing this Lease
Tenant or the Landlord represents to the other party that such party is
by requisite action of the party to this Lease.
5,15 EntLy, by Landlord. Landlord, its agents, employees, and
enter the Parking Lot at any reasonable hour.
5.16 Governing Law. This Lease will be governed by and
to the laws of the state in which the Parking Lot is located.
behalf of the
sized to do so
contractors may
pursuant
5.17 Entire Agreement; Amendment. This Lease contains the bntire agreement
between Landlord and Tenant. 'No amendment, alteration, modification of, or addition to
the Lease will be valid or binding unless expressed in writing and, signed by Landlord and
Tenant.
5.18 Late Rent: Any installment of Monthly Rent not paid on its due date shall
bear a late charge of 5% of.the delinquent installment, to compensate Landlord for its
administrative expenses relating to .such delinquency. Further, any Monthly Rent not
paid when -due will accrue interest" at the default rate of the Prime Rate plus 5% per
annum, but in no event in an amount in excess of the ,maximum -rate allowed by
applicable law ("Default Interest") from the date on which it was due until the date on
which it is paid in fi►11 with accrued interest.
The term "Prime Rate" shall mean the rate of interest froril time to time as
published in the Wall Street Journal Linder the table, "Money Rates," or any successor to
it, as the prime'rate. If•the Wall Street Journal or any successor..to it ceases to publish the
prime rate, the Piime Rate will be a comparable interest rate designated by Landlord to
replace the Prime Rate.
5.19 Landlord Fees. If Tenant requests that Landlord take any action or give
any consent required or permitted under this Lease or execute an instrument or document
of estoppel, subordination, nondisturbance or the like, Tenant will reimburse Landlord for
their fees, costs and expenses incurred in reviewing, negotiating, preparing, processing,
executing and delivering the proposed action, consent, instrument or document,
7
including, without limitation, reasonable attorneys' fees (including Landlord's in-house
counsel' fees and costs,. at market -rate) and engineers' fees (including.Lan dlord's in-house
engineers' fees and costs, at market -rate), on .'or' before ten (10) days after Landlord's
delivery'to Tenant of a. statement of such fees, costs and expenses. (Tenant will be
obligated to make .such reimbursement without regard. to whether Landlord consents to
any such proposedaction Or'executes any such proposed instrument or document.
EXECUTED as of the day and year first above written.
i
LANDLORD: TENANT:
City of Auburn, a Washington
municipal c oration
By: �``---- By: ---�
Its: Its:
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