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HomeMy WebLinkAboutAuburn Area Chamber of Commerce , . . OEFICE SPACE LEASE AGREEMENT Lease agreement by and between: LESSOR: City of:Aubum, doing business at 25 West Main : � Street, Auburn, Washington, hereinafter"LESSOR", and LESSEE: Aubum Area Chamber of Commerce, doing business at 108South Division,-Suite B, Auburn, WA, Washington, hereinafter "LESSEES." LESSOR and LESSEE collectively hereafterknown as the "Parties" and individually known as "Party:" - IN AND FOR CONSIDERATION of the mutual benefits to each party, subject to the terms and conditions below, LESSOR leases to LESSEE, and iESSEE leases from LESSOR Suite B of the property located at 108 South Division Auburn, King County, Washington, legally described as follows: LOTS 3 AND 4, BLOCK 6, TOWN OF SLAUGHTER, AGCORDING TO THE PLAT THEREOF RECORDED-IN VOLUME 2 OF PLATS, PAGE 56, IN KING COUNTY, WASHINGTON. Coltectively hereafter known.as the "Premise." TERMS AND CONDITIONS 1. Term. The term of this lease shall be for one year effective on the date this document is signed by both Parties and shall expire on � Aubum Area Chamber of Commerce 7 oi 10 7/24/2012 � � , February 28, 2013. The'Parties shall have a one yeac option to renew. Either party may terminate this Lease on ninety (90) days`prior written notice from the terminating Party to the other Party. 2. Rent The LESSEE shall pay the LESSOR,the amount of one thousand five hundred dollars and no%ents ($1,500.00) on or before the fifth (5th).day of each month during the term of this lease. Said payment being one thbusand three hundred and seven do!!ars and 25/100 cents ($1:30725L in rerrt and one hundred and ninetu two dollars and 75✓100 cents ($192751 in leasehotd tax.. All rent shall be paid to LESSOR at 25 West Main Street, Aubum, Washington, 98001. There shall be a $50.00 latefee for any rent not paid within fifteen days ofiits due date. This late fee shall be due and payable at the same time as fhe renf is paid. 3. Securitv Deoosit LESSEE previously paid a securiry deposit with the previous LESSOR in the sum of One Thousand Two Hundred Dollars and no/cents ($1.200.001 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 Premise reasonably clean and undamaged at the end of this agreement. Upbn 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 retumed to them. If, however, LESSEE fails to Auburn Area Chamber of Commerce 2 of 70 7/2d12012 ; • leave the Premise reasonabty 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, shail be refunded to LESSEE. If the costs or rent exceed the amount , of the deposit, LESSEE shall pay excess immediately upon notification by LESSOR. ,IfLESSEE fails to pay it immediately upon notification it is understood and agreed that LESSOR may initiate legal proceedings to collect it. 4. Common Areas. LESSEE is responsible for the cost of cleaning common area hallway and restrooms. LESSOR is responsible for the cost of supplies for common area restrooms. 5. Parkins�. LESSEE is assigned seven (7) parking spaces. LESSEE will place a City parking permit in the driver's side of the rear window of vehicle, All vehicles without a City parking permit are subject to ticketing or towing at the vehicle owner's expense. LESSEE may not assign, sublet, or allow any other person to use LESSEE'S assigned space(s). 6. Utilities. LESSOR shall pay for all, water and garbage service supplied to the Premise,during the term of this,lease. LESSEE shall pay for all electricity expenses supplied to the Premise inclu.ding, but not limited to lighting, heating, and air conditioning during the term of this Aubum Area�Chamberof Commeroe 3 of 70 � 1/24/2012 lease. All utilities stiall be paid before delinquency. 7. PossessioNUse. LESSEE shall use the Premise only for the direct purpose of operating the Aubum Area Chamber of Commerce and shall complywith all federal, State, and local laws, rules,b�dinances,"and codes affecting theiruse of the Premise. 8. Assis�nment and Sublease. LESSEE shall not assign this ' . lease or sublet the Premise without LESSOR'S written consent: 9. Remodelina and Alterations. The LESSEE may not remodel or refurbish the Premise in any way without receiving the written consent ' of the LESSOR. The LESSEE may install such cabinets, shelves, counters, and desks as may be reasonably necessary for their use of the Premise. The installation shall be done in a manner that minim'iiesany damage to the Premise. Upon termination of this lease, they shall remove all the cabinets, shelVes, counters, and desks from the Premise, and they shall promptly repair any nail or screw holes or other damage to the Premise resulting from the installation and removal of fhe same. All such ' repairs shall be of first-class workmanship. LESSEE may also place a sign on the exteriorof the Premise � iderrtifying their use of ttie Premise, provided, upon the expiration of this lease, they shall remove the sign and repair any damage caused by remoVal of the sign; and provided further, the sign mustbe compatible Aubum Area Chamber of Commeree 4 ot 10 112412012 • ' with the general ambiance and character of the buifding in which the Premise is 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., 10. Condition of Premise. LESSEE has inspected the Premise and any equipment, appliances, and fixtures which are included as part of the Premise„and accept them in theirpresent condition. LESSEE , acknowledges that LES.SOR has made no representation or warranty concerning the condition of the Premise„appliances, and fixtures:; LESSEE ag�ees to maintain the interior of the leased Premise in its present condition, less normal wear and tear associated with their proper use. 11. 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 properfy,.which arises out of LESSEE'S use of Premise, or from the conduct of LESSEE'S business, or from any activiry,,work or thing done, permitted,.or suffered by LESSEE in or abouY the Premise, except only such injury or damage as shall have been occasioned by the Auhum Area Chamber of Commerce � 5 of 70 � � 7l24/2012 - , sole negligence of the LESSOR. All personal property placed on the Premise by LESSEE shall be at their risk. 12. Insurance: The LESSEE shall procure and maintain for the duration of the Agreement, insurance agairist claims for injurie§ to persons or damage to property, which may arise from or in connection with the LESSEE'S operation and use of the leased Premise. 13: Minimum Scooe 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 Premise and contractual liability. The LESSOR shall be named as an insured on LESSEE`$ Commercial General Liability insurance policy using ISO Addifional Insured-Managers or LESSOR'S of Premise Form CG 20 11 or a substitute endorsement providing equivalent coverage. (b) Property insurance shall be written on an alf risk basis. � 14. Minimum Amounts of lnsurance. LESSEE shall maintain the following insurance limits: (a) Commercial General Liability insurance shall be wcitten with limits no less than' $1,000,000 each occurrence, $2,000,000 Aubum Area Chamber of Commerce 8 of 10 � 1/2412072 . ' . general aggregate. (b) Property insurance shall be written covering the full value ofi LESSEE'S property and improvements with no coinsurance - provisions., . 15. Other Insurance Provisions: The insurance policies are to contain, or be . endorsed to contain, She 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. 16. Acceatabilitv of Insurers. Insurance is to be.placed with insurers with a curreM A.M. Best rating of not less than A:VII. 17. Verification of Coveras�e. LESSEE shall furnish the LESSOR with original certificates and a copy of the amendatory endorsements, � including but not necessanly limited to the additional insured � Aubum Area Chamher of Commeree 7 of 70 112472D72 , endorsement, evidencing the insurance requirements of the LESSEE. 18: Waiver of Subroaation. GESSEE 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 Premise or said building. This release shall apply only to the extentthat such claim, loss or liability is covered.by insur_ance. 19. Damas�e or Destruction of Premise. In the event the Premise is substantially damaged or totally destroyed 6y a casualty not causeii by LESSEE'S willful or negligent act, this lease sFiall be � - � immediately terminable at LESSOR'S election. Upon such termination, all rent §hall be proratec! to the date oftermination, with LESSEE receiJing a refund from LESSOR for any rent attributable to the period following the date of termination. If; however, the Premise is only partially damaged as a result of such casualty, LESSOR may repair the same. Until the repairs are completed, renf shall abate in proportion to any loss of use of the Premiseby LESSEE 20. Default/Re$ntrv. 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 default is not corrected within 30 days after written notice of the default, LESSOR may cancel this lease and re-enter the Premise. Service of the notice of defauk shap be in person or by certified mail; return receipt Aubum Area Chamber of Commerce 8 of 10 712dl2012 + . requested, directed to LESSEE'S last known.address. 21. Misceilaneous. (a) LESSOR or its agenYmay at reasonable times and upon reasonable notice enter the Premise to insure compliance with this lease. This right to enter for inspection purposes shall not be construed as a d� to inspect. (b) This agreementshall be,binding upon and run to the b.enefit of the heirs, personal representatives, and assigns of each party, provided, LESSEE shall not sublet the Premise or assign this agreement without LESSOR'S written consent: (c) Should it become necessary to replace any appliances, fixtures orequipment included as part of the Premise which, as a result of ordinary use and wear, become unusable and cannotbe 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 Premise vpon 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'sfees and costs in a �easonable sum. (e) This lease agreement may be modified by the parties at any time, but only upon the w�itten agreement oftheparties. � Aubum Area Chamber oi Commeree 9 of 10 � � - 1124Y20tt � , (fl Except as may be hereafter modified, this agreement contains - all agreements of the parties respecting the matters contained in this agreement. DATED: J�n.. �.-�.T'2012. LESSOR: CITY � , By; Pe er B. 'Lewis, Mayor " Attest:d�L� ���"v Danielle Daskam, City:Clerk` ` � LESSEE: - �.�M�-..fZ[� A\Z Gc. ��.M��„ �c.n� F_ .. �J� �� By: Title: ��s;d�� � Co p Aubum Area Chamber of Commerce 70 of 10 1/24/20'12