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
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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
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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,
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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
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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
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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 ...���
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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.
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I.ANDIA ]N117ALS T�1JAT1'C1NfIfAIS