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Home My WebLink AboutIntl Church of the 4 Sq Gospel LEASE AGREEMENT Lease agreement by and between: LESSOR: THE CITY OF AUBURN, a municipal corporation of the State of Washington, hereinafter "LESSOR", and LESSEE: INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL, a California religious corporation, d/b/a Auburn South Foursquare Church in Auburn, Washington, hereinafter "LESSEE." IN AND FOR CONSIDERATION of the mutual benefits to each party, subject to the terms and conditions below, LESSOR leases to LESSEE, and LESSEE leases from LESSOR, the premises located at 4910 "A" Street SE, Auburn, King County, Washington. TERMS AND CONDITIONS 1. Term. This lease shall be effective on the date this document is signed by both parties and shall continue as a month to month lease which may be terminated by either party on the last day of any month upon a minimum of 30 days prior notice. 2. Rent and Taxes. Rent for the premises shall be $1,000.00 per month, plus 12.84% leasehold excise tax calculated on the base monthly rent. The total monthly payment due shall be $1,128.40. Rent shall be payable in advance on the first day of each successive month. All rent shall be paid to LESSOR at 25 West Main Street, Auburn, Washington, 98001. There shall be a $25.00 latH fee LEASE AGREEMENT - 1 --- --- -~--- A3lb.b -í- - for any rent not paid within fifteen days of its due date. This late fee shall be due and payable at the same time as the rent is paid. 3. Security DeDosit. LESSEE shall deposit with LESSOR the sum of $200.00 as security for LESSEE's faithful performance of all terms and conditions of this lease agreement. Such performance shall include, for example, paying the rent and leaving the premises reasonably clean and undamaged at the Hnd of this agreement. The security deposit shall be paid upon the execution of this agreement. Then, upon the termination of this agreement, if the LESSEE is in full compliance with all of the terms and conditions of this agreement, the security deposit shall be returned to them. If, however, LESSEE fails to leave the premises reasonably clean and undamaged, or if they owe unpaid rent, LESSOR shall apply the deposit to any cleaning or repair costs incurred, and to any unpaid rent. The remainder of the deposit, if any, shall be refunded to LESSEE. If the costs of rent exceed the amount of the deposit, LESSEE shall pay excess immediately upon notification by LESSOR. If LESSEE fails to pay it immediately upon notification it is understood and agreed that LESSOR may initiate legal proceedings to collect it. 4. Utilities. LESSEE shall be responsible for all utilities furnished to the premises during the term of this lease. All utilities shall be paid before delinquency. LEASE AGREEMENT - 2 .- ---¡-- 5. Possession/Use. LESSEE shall be entitled to exclusive possession of the property at all times during the term of this lease. LESSOR shall use the property only for N/A , or for any other use compatible with the other uses of the remainder of the building in which the premises are located. LESSEE shall comply with all federal, state, and local laws, rules, ordinances, and codes affecting their use of the premises. 6. Assianment and Sublease. LESSEE shall not assign this lease or sublet the premises without LESSOR's written consent. 7. Remodelina and Alterations. LESSOR reserves the right to remodel or refurbish the exterior of the premises. LESSEE may redecorate the interior of the premises, but only in accordance with plans first approved by LESSOR. Such plans shall include a statement of the work to be done, a list of all mat'erials to be used, who will do the work, and any related drawings. LESSEE must obtain all applicable permits for proposed work. The LESSEE may install such cabinets, shelves, counters, and benches as may be reasonably necessary for their use of the premises. The installation shall be done in a manner that minimizes any damage to the premises. Upon termination of this lease, they shall remove all the cabinets, shelves, counters, and benches from the premises, and they shall promptly repair any nail or screw holes or other damage to the premises resulting from the installation and removal of the same. All such repairs shall be of first-class workmanship. LESSEE may also place a sign on the exterior of the premises identifying thHir use of the premises, provided, upon the expiration of this lease, they shall LEASE AGREEMENT - 3 -- - --'_.._-"----_._--_..._~-,_._-_.._-_.._._--.._--~-~ . .--,----- ~ remove the sign and repair any damage caused by removal of the sign; and provided further, the sign must be compatible with the general ambiance and character of the building in which the premises are located. Should LESSEE violate any provisions of this section, it is understood and agreed that LESSOR shall have the right to terminate this lease, effective immediately, without notice. 8. Condition of Premises. LESSEE has inspected the premises and any equipment, appliances, and fixtures which are included as part of the premises, and accept them in their present condition. LESSEE acknowledges that LESSOR has made no representation or warranty concerning the condition of the premises, appliances, and fixtures. LESSEE agrees to maintain the premises, appliances, and fixtures in their present condition, less normal wear and tear associated with their proper use. Specifically, LESSEE shall be responsible for all ordinary maintenance and repairs to exterior doors and windows, and to the interior of the premises, its plumbing, heating, and electrical systems and all equipment, appliances and fixtures located on the premises. Also, LESSEE shall at all times keep the sidewalk and gutter in front of the premises clear of debris, and free and clear of snow and ice. If for any reason LESSEE fails to keep the sidewalk reasonably clear of debris, snow, or ice, LESSOR may, at its election, clean the sidewalk and add a reasonable charge for the work to the rent next coming due. LESSOR shall keep the exterior of the premises in good repair, and it shall maintain the roof, in good, tenantable condition. LEASE AGREEMENT - 4 -r- - -- 9. Indemnification / Hold Harmless. LESSEE shall defend, indemnify, and hold harmless the LESSOR, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of LESSEE's use of premises, or from the conduct of LESSEE's business, or from any activity, work or thing done, permitted, or suffered by LESSEE in or about the premises, except only such injury or damage as shall have been occasioned by thet sole negligence of the LESSOR. All personal property placed on the premis'3s by LESSEE shall be at their risk. 10. Insurance. The LESSEE shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property, which may arise from or in connection with the LESSEE's operation and use of the leased premises. 11. Minimum Scope of Insurance. LESSEE shall obtain insurance of the types described below: (a) Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The LESSOR shall be named as an insured on LESSEE's Commercial General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. (b) Property insurance shall be written on an all risk basis. LEASE AGREEMENT - 5 ____··__·____~···_·__·_____u,__~___~ "T-- -.. 12. Minimum Amounts of Insurance. LESSEE shall maintain the following insurance limits: (a) Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 gt3neral aggregate. (b) Property insurance shall be written covering the full value of LESSEE's property and improvements with no coinsurance provisions. 13. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: (a) The LESSEE's insurance coverage shall be primary insurance as respect the LESSOR. Any Insurance, self-insurance, or insurance pool coverage maintained by the LESSOR shall be excess of the LESSEE's insurance and shall not contribute with it. (b) The LESSEE's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the LESSOR. 14. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 15. Verification of Coverage. LESSEE shall furnish the LESSOR with original certificates and a copy of the amendatory endorsements, including' but LEASE AGREEMENT - 6 --r-' not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the LESSEE. 16. Waiver of Subrogation. LESSEE and LESSOR hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 17. LESSOR's Property Insurance. LESSOR shall purchasEt and maintain during the term of the lease all-risk property insurance covering the Building for their full replacement value without any coinsurance provisions. 18. Damage or Destruction of Premises. In the event the premises are substantially damaged or totally destroyed by a casualty not caused by LESSEE's willful or negligent act, this lease shall be immediately terminable at LESSOR's election. Upon such termination, all rent shall be prorated to the date of termination, with LESSEE receiving a refund from LESSOR for any rent attributable to the period following the date of termination. If, however, the premises are only partially damaged as a result of such casualty, LESSOR shall repair the same. Until the repairs are completed, rent shall abate in proportion to any loss of use of the premises by LESSEE. 19. DefaultlRe-entrv. Time is of the essence of this lease. If LESSEE defaults in any material term or condition or term of this lease, and if the dBfault is not corrected within 30 days after written notice of the default, LESSOR may cancel this lease and re-enter the premises. Service of the notice of default shall LEASE AGREEMENT - 7 -T-'- .- be in person or by certified mail, return receipt requested, directed to LESSEE's last known address. 20. Miscellaneous. (a) LESSOR or its agent may at reasonable times and upon reasonable notice enter the premises to ensure compliance with this lease. This ri!Jht to enter for inspection purposes shall not be construed as a duty to inspect. (b) This agreement shall be binding upon and run to the benefit of the heirs, personal representatives, and assigns of each party, provided, LESSEE shall not sublet the premises or assign this agreement without LESSOR's written consent. (c) Should it become necessary to replace any appliances, fixtures or equipment included as part of the premises which, as a result of ordinary USl3 and wear, become unusable and cannot be reasonably repaired, LESSOR shall have no obligation to replace them. If LESSEE replaces them, they shall belong to LESSOR and they shall remain on the premises upon the termination of this lease. (d) If either party brings a suit against the other to enforce any rights or obligations contained in this lease, the losing party shall pay the prevailing party's attorney's fees and costs in a reasonable sum. (e) This lease agreement may be modified by the parties at any timE!, but only upon the written agreement of the parties. (f) All correspondence regarding the terms of this lease shall be communicated in writing to the LESSOR at 25 West Main St, Auburn, WA 98001; LEASE AGREEMENT - 8 ....-----. -.---. -~._----,--- -... and to the LESSEE, at 4910 'A' St SE, Auburn, WA 98092, and the additional address of ICFG Properties Dept., 1910 W. Sunset Blvd, #200, Los Angele,s, CA 90026 (g) The Addendum to Lease attached hereto is incorporated herein. Except for the Addendum or as this Lease may be hereafter modified in writing, this agreement contains all agreements of the parties respecting the matters contained in this agreement. DATED mc.vL~ l ,2005 LESS ~ CITY By: tfb Attest: ßter B. Lewis, Mayor , ~ ~ !J/~ Danielle Daskam, City Clerk LESSEE: INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL By: Title: LEASE AGREEMENT - 9 .--- -------_.~----_._---,---- ----- and to the LESSEE, at 4910 'A' St SE, Auburn, WA 98092, and the additional address of ICFG Properties Dept., 1910 W. Sunset Blvd, #200, Los Angel,es, CA 90026 (g) The Addendum to Lease attached hereto is incorporated herein. Except for the Addendum or as this Lease may be hereafter modified in writing, this agreement contains all agreements of the parties respecting the matters contained in this agreement. DATED ,20o_. LESSOR: CITY OF AUBURN By: Peter B. Lewis, Mayor Attest: Danielle Daskam, City Clerk LESSEE: INTERNATIONAL CHURCH OF THE RSQUARE GOSP L JjtJf1: dmin. LEASE AGREEMENT - 9 ADDENDUM TO LEASE For good and valuable consideration, Lessor and Lessee further agree: 1. Notwithstanding any provision of the Lease ("Lease Agreement"), Lessee shall not insure, indemnify, defend or hold Lessor harmless to the extent of losses, damages, claims or liabilitie,s arising from the ordinary negligence or willful acts of Lessor or Lessor's agents or employees; nor shall any provision of the Lease Agreement constitute a waiver of subrogation Tights with respect to Lessee's general liability and worker's compensation insurance. 2. Notwithstanding any provision of the Lease Agreement, Lessor has reviewed Lessee's summary of insurance and agrees to accept the terms and conditions of Lessee's insurance coverage for purposes of the Lease Agreement. Nothing in this paragraph or the summary shall in any way increase the !insurance requirements for Lessee contained in the Lease Agreement. 3. As to paragraph 5 "Possession/U se" of the Lease agreement, lessor agrees use of the premises for a church is compatible with other uses of the remainder of the building. Dated: :~S~TYOÞ~:BURN [ts:_..m_~ov:..__________ Name:___£<:.-±,~ ~. L~¡.).i.s___ Dated: LESSEE: INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL, A California religious Corporation, dba AUBURN SOUTH FOURSQUARE CHURCH By:____________________________________ By:__________________________________ ADDENDUM TO LEASE For good and valuable consideration, Lessor and Lessee further agree: I. Notwithstanding any provision of the Lease ("Lease Agreement"), Lessee shall not insure, indemnify, defend or hold Lessor harmless to the extent of losses, damages, claims or liabilities arising from the ordinary negligence or willful acts of Lessor or Lessor's agents or employees; nor shall any provision of the Lease Agreement constitute a waiver of subrogation rights with respect to Lessee's general liability and worker's compensation insurance. 2. Notwithstanding any provision of the Lease Agreement. Lessor has reviewed Les::.ee's summary of insurance and agrees to accept the terms and conditions of Lessee's insurance coverage for purposes of the Lease Agreement. Nothing in this paragraph or the summary shall in any way increase the insurance requirements for Lessee contained in the Lease Agreement. 3. As to paragraph 5 "PossessionJUse" of the Lease agreement, lessor agrees use of the premises for a church is compatible with other uses of the remainder of the building. 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CORPORATE RESOLUTION RESOLVED: By the Executive Staff Committee of the Board of Directors of International Church of the Foursquare Gospel, a religious corporation, the recommendation of the Seattle District Supervisor having been secured in accordance with corporation Bylaws, that authorization be granted to lease approximately 5,700 square feet located at 4910 "A" Street SE to be used as a Ministry Center/Community Center on a month to month basis beginning April I, 2005 for One Thousand One Hundred Twenty-Eight Dollars ($1,128) per month for use by the AUBURN SOUTH, WASHINGTON #31177 Foursquare Church. FURTHER RESOLVED: That any two of the following individuals acting together, are hereby authorized to sign on behalf of and in name of aforesaid Corporation and under its corporate seal all instruments necessary to provide for purchase, sale, loan, easement, lease or othl~r real property transactions: Jack W. Hayford, Glenn C. Burris, Jr., Michael P. Larkin, James C. Scott, Jr., Sterling Brackett, Arthur J. Gray, II, Jeffrey L. Bird, Lynda J. Gupton, David Mee, Adam Davidson. END OF RESOLUTION I, Tim T. Baskin Assistant Secretary of INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL, II religious corporation of L:allform8, do certify that the above is a true and correct copr of a resolution duly adopted by the Executive Staff of tht~ Board of Directors of aforesaid co~oration at a meeting held on the 24th day of March, 2005; that the resolution was unanimously adopted; thllllt the res.)lufiou has not been rescinded, but is in full force and effect. ~ y ~.rCh, 20 ~ x State of California ) County of Los Angeles) _ ry On March 24. 2005 . before me, ~8hrie, Peña ame 0 Notary _, personally appeal"ed Tim I Baskin Name 0 ÌÍerson slgmng ~ ~ ~ ~ - - - - - ~ ~ ~ - ~ ~c <'" .... GABRIELA PENA - f2""ËlL~'~ CommISSIon # 1456794 ~ ~:~.~.: w ~J Notary Public· Calilornia ~ \ 'J,~~'t\/j Los Angeles County ~~,~_....';j/ MyComrn. Expires Dee 16,2007 persona))/: known to me proved to me the basis of satisfactory evidence to be the person w ose name is subscribed to the within instrument and acknowledged tu me that he executed the same in his capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted. executed the instrument. 0m'a al. ,.\., ::GvIQ· otary * AUBuRN . WASHINGTON Peter B. Lewis, Mayor 25 Weat Main Slreet * Auburn WA 98001-4998 * www.cl.auburn.wa.uI * 253-931-3000 March 31, 2005 Subject: Memo to file regarding effective date of lease agreement bE¡tween the City of Auburn and the International Church of the Foursquare Gospel (ICFG) for the City-owned building at 4910 'A' StreEtt SE, Auburn, WA Pursuant to the ICFG Corporate Resolution attached hereto, the City accepts the proposed effective start date of Friday, April 1 , 2005, for this agreement. ~ .". ;~ Peter B. Lewis, Mayor AUBURN * MORE THAN YOU IMAGINED -------_.-,..,-,.._--_..,,-