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HomeMy WebLinkAboutBank of Washington/City of Auburn PARKING LOTS LEASE The Bank of Washington("Landlord'�leases to the City of Auburn,Washmgton,a mmmcipal corporation(`°TeaaaY�and Tenant leases fram Landlord the following propaties far putposes of public pazldng on the following terms: 1. Premises. The Premises aze comprised of two separate pazldng lots,one lceated at 21 So.Division SGeet,Aubiun,WA(a prntion of Assessor's Pacel No.781570.0135) (``Parlang Lot A'�,and the other located at 36 West Maia Street,Aubian,WA(Assessor's Parcel No. 781570.0115)("Pazlong Lot B'�. Collxtively,Pazldng Lots A and B aze referred to herein as"the Pazldng Lots"aad"the Premises" The legal description of the Pazking Lots is attached as Exlu'bit A. 2. Term. The term of this Lease is thiriy six(3�months,commencing � - 2011 (the"Commencement Date'�,and terminating on the last day of the ':ty 'cth(36th)month thereaftcr(the"Termination Date'�;ptnvided,however,that LancIlord may elect to bexminate the Lease entirely or as to one of the Parldng Lots npcm writtcn aotibe of at least thirty(30)days W Tan�t. Upon Termination,all obligations owing by either party to the othe�terminate, except for those obligations that expressly survive termination. „ 3. Option to Reaew. Nbne. 4. Rent. Teaant sha11 pay Landlord,at Landlord's address for notice,rem in the amount of Two Thousand Five Hundred Dollars($2,500.00)per month for the Parking Lots, commencing on the Commencement Date and continning on the first day of each moath diuing the Term of tbds Lease. If the Commancemeat date is other than the fust day of the month,rent for that mo�h shall be prorat�based on percentage of days left in the month. The Rent may be paid in ona payment to Landlord,buf shall be apportioned for all piuposea under tlus I.ease as follows: seventy-five percent(75%)of the Rent,or$1,850 per month,shall be for rent an Lot A, aad the remaming tweaty five percent(25%),or$650 per month,shall be for rent on Lot B. 5. Triple Net CLarges. None charged to Tenant. 6. Late Payment sad Interest If any�ount due heretmder from Tenant is not received by Landlord by the date such amount is due,a late chazge of five percent(5%)of the amount due shall be charged Tenant All amounts awing to I.andlord under this Lease includiag rent,shall be assessed interest from ten(10)days after the due date at nine perceat(9%)per annum until paid. 7 Maintenance. Tenant shall be solely responsible for maintaining the Prearises in good repair. This obligation further provides for Tcnant, at its sole expense,to maintain the Premises in good condition,rehuning same to Laadlord at the end of this lease in at least as good condition as presently exists,normal wear and teaz excepted. 8. Towiag of Vehicles. Tenant sball have the right to tow velricles at its own Pnx[cu�G Lo'15 L&�SE ^ ,� PAGE 1 OF$ 1 1 /,� V'V��� I.ntanc oxn ItatnAis expense and risk from the Pazking I.ots. 9 Delay in Delivery of Yossession. Not applicable. 10. Use of Premises.The Pazlang Lots shall be used for public parldag,vehicular access for public pazldng,and related uses. Tenant ahall not use the premises for pazking of buses or trucks with a gross weight exceeding ten thousand(10,000)poimds without Landlord's prior a+xitten consent Teaant shall prompfly comply with all laws,ordiaaaces,orders,and regulations affecting the Parldag Lots and their cleanliness,safety,occ�pation and use. Tenant will not perform aay act or cazry on any practice that may injure the Pazldng Lots or be a masffice or menace to adjoining tenants. Tenant sball not permit any outside storage on or about the Pazl�g Lots. Upon termination of the Lease,Ten�tt shall suirender the Parlang I,ots to Landlord in good condition,normal wear and tear exccpted. 11. Entry by Landlord. Landlord shall have the right at reasonable times,and with reasonable notice to Tenant in nom-emergency situaYiona,W enter the Premises to inspect the same or to show the Premises to prospective buyers,tenants or lenders. 12. Utitities.Tenant shall azrange and pay for any utilities it chooses for the Premises, including water,power, sewer,gazbage and telephone service,which shall be separately metered in TeaanY s name if delivered. 13. Acceptance of Premises.Tenant has ex�ed the Pazldng Lots and accepts them as being in the condition called for by this Lease. 14. Alterations,Mechanics'Liens. Alteratians may not be made to the Parking Loffi without the prior written consent of Landlord. Tenant shall not permit any mech�ic's or materialmen's liens of any]dnd to be enforced against the premises for any work done or materials fiunished thereon at the request of or on behalf of the Tenant. All costs of improvements to make the Parldng Lots useable as a parlang lot,if any,shall be bome by the Ten�t and shall be constructed in accordance with local laws and codes. 15. Qaiet Condnct and Possession.Neither Tenant nor Landiord shall commit or suffer any waste upon tha Parking Lots or aay nuisaace or other act or thing which may distarb the quiet enjoyment of any business on the Site. 16. Hazardons Snbstances.Tenaat shall not cause or pemut any hazazdous substances as defined below to be brought upon kept or used in or about the premises by Tenaut, its agents, employees,contractors or invitees. Tenant shall comply with all federal,state and local laws ordinances,codes,regulations,orders and decrees as they now exist,or are hereafter amended,including all policies,inteipretations, guidelines,directions or recommendatioas relating to industrial hygiene, environmental protection or the use,analysis,generarion, ma++,��-*,*e, storage,presence,release,disposal or transportation of aay petroleum products, flammable, explosives, asbestos,urea formaldehyde,polychlorinated biphenyls,radioactive materials or waste,or other hazazdous,toxic,contaminating or lluting materials,substances or P�xtar�G Lo1s L2nsE � Pnce 2 oF 8 - LnTmLOxD II4I7'IaLS wastgs,including any materials defined as"hazazdous substances","hazardous wastes", "hazardous materials",or"toxic substances"(collectively,"Hazardous Materials'�under any such Hazardous Materials Laws and amendments thereto. Tenant shall defend(with counsel reasonably acceptable to Landlord)and indcmnify Landlord and Laadlord's officers,directors,parh�ers,managers,members, employees,agents, successors and assigis against any and all claims,liabilities,damages,costs,penalties, forfeitures, losses,obligations,investigation costs,remediation and removal costs,nahual resource damages and expenses,including attomey's fees,arising in whole or in part,direcily or indirectly, from(a)the presence or release of Hazardous materials in,on,under,�on or from the prarrises as a result of acts or omissions of Tenant or its employees, ageats or invitees;(b) the transportation or disposal of Hazardous Materials to or from the premises by at the request of or in with the permission of Tenant or its employees,agents,or invitees; (c)the violation of any Hazardous Materia]s La.ws by Teqant,or its employees or agents; (d)the failure of Tenant,its employees or agents to comply with the terms of this Section 16;or(e)the use,storage, generation or disposat of Hazardous Materiais in on or about the premises. The respective rights and obligatians of Landlord and Tenant under this Section 16 shall s�svive the expiration or earfier termination of this Lease. 17 Insurance.Tenant,at its own expense, sbsll maintain with companies acceptable to Landlord,insurance for the benefit of Landlord and Tenant jointly in the amoimt of at least One Million Dollars($1,000,000)par occuaence for liability from iajuries to or death of a person, aad in the amount of at least Fifty Tliousaad DoIlars($50,000)per occun�ettce for liability from damage to property Tenant shall furaish Landlord with a certificate of such policy within 30 days of the Commencement Date and whenever xequired shall satisfy Landlord that such policy is in full force and effect. Such policy shall: (a)name Landlord as an additional iiisured;(b)be primary and non-conhibuting with any�*+�++*a++ce canied by Landlord; and(c) provide that it shall not be canceled or altered without twenty(20)days'prior written notice to Landlord 18. Indemnification by Tenant Tenant shall defend(using legal counsel reasonably acceptable to Landlord)and indemnify Laadlord,its agents and employees from any claims,expenses,including attorneys fees,or damages of any kind arising in connection with the occupancy or use of the premises by Tcnant,its agents, customcrs,employees,contractors, subtensats or assignees;Tenant's breach of its obligations imder this Lease; or any negligent or wrongful act or omission of Tenant,its agents,cusWmers, employees, contractors, subtenants or assigns. The provisions of tlua Section 18 shall survive expiration or temunation of this Lease and shall include all claims against Landlord liy any employee or former employee of Tenant Landlord and Tenant have specifically negotiated tlris provision and Tenant specifically waives any provisions of any indushial ins�sance act including,Tifle 51 of the Revised Code of Washington,or any other employee benefit a6t wlrich might otheiwise operate to release or immunize Tenant from its obligations under this Section 18. 19 No Auctions. [intentionally deleted]. PARKAIO IATS LEASS � PAGE 3 OF 8 I.AND[A INI'['fAIS T'PI3 20. Landscaping and Signs. Tenant sball make no other alterations or additions to the Parldng I.ots landscapiag. Other than towing company signs,Tenant shall place no exterior signs on the Parking Lots without the prior writtm consent of Landiord if I:andlord allows signs,Tenant will pay the costs of same. 21. Tazes. Tenant shall pay before delinquent any tax,assessment,fee,or pubfic charge payable for any time during the Lease term because ofTcnant's fixriues,finnit�ue, � appfi�ces and personal property installed or located at the Premises. Tenant will pay all taxes imposed beosuse of the rent payable hereunder,whether as a so-called sales tax,h�ansaction Pnvileb'e t�.excise tax,or otherwise. 22. Abandonment [intentionally deleted]. 23. Assignment I.andlord may assign its interest in tbis Lease as to Pazlong Lot A, as to Pazking Lot B,or as to botli Pazlvng I.ots,to any peison or entity withont the conseat of Tenant When notified of such assignment,Tenant ag�rees to attorn to I.andlord's assignee. Tlti.a may reqirire Tenant to pay Rent with two checks,one for each Lot,and Tenant shall do w. 24. Insolvency of Tenant [intentionally deleted]. 25. Defanit. The folloaving shall be events of default: a Default in Rent Failure of Tenant to pay aay rent or other chazges avitbin tea (10)days after written notice that such paymeat was not received when it is due. b. Defanit in Other Covenants. Faihae of Tenant to comply with any obligation of the Lease after vrsitten notice from Landlord of such default and a reasonable cure period(e.g. thiity(30)days with additional time fbr those eventa ofdefault not reasonably subject to cure within thiaty(30)days). Failure of Landlord bo comply with any obligation of the Lease after written notice fr�Tonant of such default aad a reasonable cure period(e.g.thuty(30)daya with additianal tmme for those events of default not reasanably subject to cure within thiriy(30) days). 26_ Remedies on Defanit Upon default by Ten�t,i,andlord may tecmmate TenanYs right to possession of the Parldng Lots,upon wlrich Tenant shall imme3iately sim�ender the Parking Lots but remain liable w Landlord for the value of the Lease for the remainder of�e term of the Lease less any rent obtained by Landlord for the Parldng Lots&om another tmant diaing that term,plus all costs incurred by Landlord to cause another tenant to lease the Pazlong Lots. Upon defauit by Laadlord,Tenant may immediately suaender the Premises and+e*�++*+p*e the Lease,in wlrich case Landlord shall'be liable to Tenaat for all costs incurred by Tenaat to relocate to comparable premises,including any additional rant Tenant will incur.for the rcmaining term of the J ease. 27 Attorneys' Fees and Collection Charges. If Tenant or Landlord sl�all bring any action for any relief against the other,declaratory or oth 'sing out of Uris Lease, PnxxING LoTS LEnSP PAQE 4 oF 8 = LAND[A� including,but not limited to, any suit by I.azidlord for the recovery of Rent or possession of the Parldng L.ots,the losiag party shall pay the successful party the court costs and reasonable attomeys' and pazalegal fees incTUred therefor and such expenses shall be paid whcthcr or not such action is prosecutcd to jud�ent. Should Landlord,without fault on I,andlord's part,be made a pazry to any litigazioa instituted by Tenant or by any third party against Teaant,or for the foreclosure of azry lim for labor or material fiunished to or for Tenant or otherwise arising out of ar resulting from�y act or hansaction of Tenaat,Tenant agrees and covenants to save and hold Landlord harmless from �Y.lud�eat rendered against Landlord or the Parldng Lots or ffiy part thereof,and to defend and indemnify Landlord as to any and all costs and expeases,including attomeys' and pazalegal fees and court costs,incurred by I.aadloxd in or in connectioa with sach litigation. 28. Condemnation.If more than twenty-five percent(25%)of the square footage of the Pffilang Lots is takm or condemned for a public or quasi-public use,Tenant may terminate this Lease with not less than Urirty(30)days'written aotice to I.andlord. If twenty-five peroeat (25%)or less of the square footage of the Parldng Lote is taken or condemaed for a public or quasi-public,or if.Tenant chooses not to terminate the Lease otherwise,then the rent payable hereimder shall be adjusted so that the Tenant shall be required to pay for the rcmainda of the term only sneh portian of such reat as the number of square feet in the part remaining after the condemnation bears to the mmmber of square fect in the Pazking Lote on the Connnencement Dau. In the event of a talang or condeuination,all compensation awarded for such ` condemnation or taldng shall be paid to Lendlord,provided,however,Tenant shall be entitled to that partion of the award representing the value of Tcnant's leasehold estate and compensation or damages from the condemaing suthority for intemiption of its business,its fixhaes and,persamal P�P�T�Y�or for moving expenses. 29. Notices. All notices,statements,demands,requests,consents,approvals, sutliorizations, offers,agreements, appointinents,or designations under this Lease by eitha party to the other shall be in writing and shall be sufficiently given and served upon the other pazry,if sent by certified mail,return receipt requested postage prepaid to the addresses below their respective sigiatures below 1 30. No Waiver The failure of either parry to enfome any breach of ttris Lease by Tenant shall not be a waiver of any subsequant breach. 31. Estoppel Certificates. [inteationally deleted]. 32. Ezclnaivlty [inteationally deleted]. 33. Miscellaneons. a. Time is of the essence of each term of this I.ease. b. Subject to Paragraph 23,the t visions of tYris Lease shall be Pax[�rc Lo�s LsnsE � PeG&5 oF 8 - Lqrini.oxD binding upon and inure to the benefits of the heirs,exocutors, a +*+��+*ators, and assigns of Landlord and Tenant,including purchasers of the Premises. This Lease shall nm with the land. c. This Lease may be executed in counterparts and a facsimile signatiue shall be as valid as an original. d. Should any provision of ttus Lease be deemed unenforceable,it shall be stricken so that the remaindcr of the Lease shall remain in full force and effect. IN WITNESS Wf�ItEOF,Landlord and Tenant have executed ttus Lease as of the day and year set forth below next to their respective names. LANDLORD: 1'ENANT• The Bank of Washington The City of Aubum A Washington banldng corporation A Washington municipal corporation By. _ BY. Ity; - Its: /�1�4Ya� Dated: (��— �'- Dated: Lo?�8"-// Acidress:� � ' S�� FI�:'e ��-fi� Address:a S C,/ /7�Fod ST °- I_� ,� c��o3F, A-��u� ��q�/ � State of Washington ) )� ConntyofI{ing ) � I certify that I lmow or ha�e satisfactory evidence that /��'r � ��''"�" is the peison who appeared before me,and said person acknowledged that she) sig►ed this inshument,on oath stated that�khe)was authorized to execute the instrument and aclmowledged it as the `�� r of the CYty of Auburn,Washington to be the free and vohmtary act of such party r the uses and purposes mentioned in the instrument. _. Dated• �c'',�� �-a i i O e'N���(i���i�y PrintN : � a�.f C /rcv I ��O.�yQ` ''�y.�� Notazy Public in and for Washiagton ? � Residing at: l�c v�a�C� �N A ' `4 ,2 � Commission expires: U3 � 1S �, UB� � O: '�i�y�,,� ��2g-1�� _ Pnxxur�Lozs LrasE Nih��'1j1pF`�p9� PAGE 6 OF 8 � LnNUr.oxn State of Washington ) c�ohom��h )S3 Coimty ofi£iag ) I cerlify that I lmow or]iave satisfactory evidence tbat�7p,,�nf �D b i So wJ is the person who appeared before q and said person aclmowledged that(he/she)sigaed this inshvment,on oath stated that e)was authorized to dxecute the instrument and acl�owledged it as the P - of The Bank of Washington to be the free and voluntary act of such party for the usbs and purposes mentioned in the insh�mmeat. Dated: � A.t.G 1 / ����. �s�0 Print Name: t1.S.4s�/ L S'K��mar-�. �. p .�� Notazy Public in�d�q�'Washington +� �},ti� Residinga� �GmondB °�'�d�TA�y ui� Co�ission�pires: 8 - �/ t V ...��� �i. plJBl<<' i� ��.�.,,�01.'�.�'' � W� � Pettt��Lors LFwse Pece7 os 8 I.nrmi.o Itar►�nts 7�ruta'r INrruts EI�TT"A" Leaal Descrivtion Parl�ug Lot A. Lots 7 and 8,Block 2,Town of Slaughtet according to the plat thereo� recorded in Vol�e 2 ofPlat9,Page 56,King Coimty,WasUingron. 4 Togethcr with that poxtion of the vacatod alley in said Block 2 as wanld � attach by operation of law,piusuant to Ordinaace No.6193 of City of Aubiun,recorded imder Recording No.20080912001319. Excepting therefrom the most easterly ten feet thereof Assessor's Pazcel No.781570.0135. psrking Lot B. Lot 4,Block 2,Town of Slanghter according to the plat theraof,racorded in Volume 2 of Plats,Page 56,King County,Washingtoa Except thai portion of said Lot 4 lying east of the following deson'bad line: Beginning at a poi�on the North Ime of said I.ot 4 a distance of 58.02 feet East of the Northwest comer theraof; S Thence South to a point on the South line of said Lot 4,distant 0.6 feet West of the Southeast ctimec thereo£ Together with that portion of the vacated alley in said Block 2 as wonld attaah by operation of]aw,giusuant to Ordinance No.6193 of City of Aubtiun,recordod imder Recording No.20U80912001319. Assessor's Tax Parcel No.781570-0115. PA3tKW0 L07S LEnSS �� PnGE 8 OF 8 I.ANDIA ]N117ALS T�1JAT1'C1NfIfAIS