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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 SrrE PLAN MELS LUMBER PORTIONS CF THE SE1/4 NEt/4, SEC 13, T21K R4E, W.M, CITY OF AMR`!, L,0, IoI —col. 3 -`q -1ov /1� HA C�-k vv\ks SEP 2 8 2�1 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: 0 EXHIBIT A a7� �-e PLAN I ' -MEL'S LUMBER1 I POFMONS OF THE SE1/4 NE114, SEC.13, T21N; RAE, W.M., CITY OF AUSUFK WASHINGS ON 20- ALLEY oas„rcc e�tt� Llt6UtM To BE�Aci A' ... H :ON.ti.Q.Q'' ••8�•• '' : gJ ;G •�Rr o .sue. '.E. •'�4AplAJtO '�'• :8'' ° vua pJ •c, r'�.1,. Y ...... .. :; � : r=gin-.�-.,,Y.. •.�, •=,;T,;.;�:,T ; " .. iutan:r�rnzt • 1QI tits f'aurk�•w�aa': : serr.ca . tc.. N ilf ''sk J: fed% si.C.. ':`:':•:-:•: e :: :: ':.: , r.... .r7s.: �I/4liS.��'�:e.'. r'. r :.•a i'.'.•. ® j� ,IJ yy N �,� ,{• ::.' :' �y,.�I,��:� • B" '•�1 .t.�J Y U �f 'i4 �1 • '. I.Jg/'i.lil:W�•[tlr•w'1,/'l.• ' �j , �' .'�!.' tl�• • 1d'. C5 _ rm1ViYUIYZ _..._.__.._—. 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