HomeMy WebLinkAboutStation BistroOFFICE SPACE LEASE AGREEMENT
Lease agreement by and between.
LESSOR: City of Auburn, doing business at 25
West Main Street, Auburn, Washington, hereinafter
"LESSOR ", and
LESSEE: Station Bistro, doing business at 110
2nd Street, Auburn, WA, 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 approximately (Need to
measure and attach map) square feet of the City's Storage space located
at 23 A Street Auburn King County, Washington as described and shown
as Exhibit "A."
TERMS AND CONDITIONS
1 Term. This lease shall be effective on the date this document is
signed by both parties and shall be month to month unless terminated by
either party with 30 days written notice.
2. Rent. Rent for the premises shall be fifty dollars and 00/100
cents ($50.00) per month Rent shall be payable in advance, on or before
the fifth (5'h) day of each month during the term of this lease. Said
payment being fourty -six dollars and 22/100 cents ($46.22) in rent and
1 of 10 5/27/2014
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OFFICE SPACE LEASE AGREEMENT
Lease agreement by and between.
LESSOR: City of Auburn, doing business at 25
West Main Street, Auburn, Washington, hereinafter
"LESSOR ", and
LESSEE: Station Bistro, doing business at 110
2nd Street, Auburn, WA, 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 approximately (Need to
measure and attach map) square feet of the City's Storage space located
at 23 A Street Auburn King County, Washington as described and shown
as Exhibit "A."
TERMS AND CONDITIONS
1 Term. This lease shall be effective on the date this document is
signed by both parties and shall be month to month unless terminated by
either party with 30 days written notice.
2. Rent. Rent for the premises shall be fifty dollars and 00/100
cents ($50.00) per month Rent shall be payable in advance, on or before
the fifth (5'h) day of each month during the term of this lease. Said
payment being fourty -six dollars and 22/100 cents ($46.22) in rent and
1 of 10 5/27/2014
three dollars and 78/100 cents ($3.78) in leasehold tax. All rent shall be
paid to LESSOR at 25 West Main Street, Auburn, Washington, 98001
There shall be a $15 00 late fee 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.
4 Utilities. LESSOR shall pay for all water, sewer, garbage and
electric service supplied to the premises during the term of this lease.
LESSEE shall pay for telephone, cable and internet services. All utilities
shall be paid before delinquency
5 Possession /Use. LESSOR shall use the property only for the
direct purpose of storing usable and clean restaurant equipment and shall
comply with all federal, State, and local laws, rules, ordinances, and codes
affecting their use of the premises
6 Assignment and Sublease. LESSEE shall not assign this
lease or sublet the premises without LESSORS written consent.
7 Remodeling and Alterations. The LESSEE may not remodel
or refurbish the premises in any way without receiving the written consent
of the LESSOR. Upon termination of this lease, the LESSEE shall return
the premises to its original or better condition.
Should LESSEE violate any provisions of this section, it is
understood and agreed that LESSOR shall have the right to terminate this
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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 interior of the leased premises in their
present condition, less normal wear and tear associated with their proper
use.
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 the
sole negligence of the LESSOR. All personal property placed on the
premises 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
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or damage to property, which may arise from or in connection with the
LESSEES 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.
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
general aggregate.
(b) Property insurance shall be written covering the full value of
LESSEE'S property and improvements with no coinsurance
provisions
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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 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
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5/2712014
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 purchase 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 LESSORS 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 Default/Re- entry. 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 premises.
Service of the notice of default shall be in person or by certified mail,
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return receipt requested, directed to LESSEE'S last known address.
20 Environmental Matters. LESSEE's Obligations. LESSEE will
not cause or permit the storage, treatment or disposal of any Hazardous
Materials in, on, or about the Premises by LESSEE, its agents, employees
or contractors. LESSEE will not permit the Premises to be used or
operated in a manner that may cause the Premises or any part of the
Premises to be contaminated by any Hazardous Materials in violation of
any Environmental Laws. LESSEE will not use or permit the Premises to
be used for maintenance of its vehicles.
(a) LESSEE will be solely responsible for and will defend,
indemnify, and hold LESSOR, its agents and employees
harmless from and against all direct claims, costs, and
liabilities, including attorneys' fees and costs, arising out of
or in connection with LESSEE's breach of its obligations in
this Section.
(b) LESSEE will be solely responsible for and will defend,
indemnify and hold LESSOR, 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 LESSEE's introduction of Hazardous
Materials to the Premises LESSEE's obligations under this
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Section shall survive the expiration or other termination of
this Lease.
(c) "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 Hazardous Material
Transportation Act of 1975, 49 U S C Sec. 1801 -1812: 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, "Environmental
Laws ")
20 Miscellaneous.
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(a) LESSOR or its agent may at reasonable times and upon
reasonable notice enter the premises to insure compliance with this lease
This right 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
(c) Should it become necessary to replace any appliances, fixtures
or equipment included as part of the premises which, as a result of
ordinary use 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) Pest Control. The LESSOR shall provide pest control. However,
if the City reasonably determines that the condition of the equipment
stored in the Premises contributes to pest issues, it shall bill LESSEE for
the extra cost incurred for pest control.
(e) 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.
(f) This lease agreement may be modified by the parties at any
time, but only upon the written agreement of the parties.
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(g) Except as may be hereafter modified, this agreement contains
all agreements of the parties respecting the matters contained in this
agreement.
DATED. z4.,c. -3 2014
LESSOR.
CITY OF AUBURN
By'
Nancy B c s, Mayor
Attest:_
Dan elle Daskam, City Clerk
LESSEE.
VI&!1I
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By
Title ��CY1121. V�
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