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HomeMy WebLinkAboutNu-Way Inc~~~~~ RENTAL Agreement THIS RENTAL AGREEMENT (hereina er referred to as the "Agreement") made and entered into this /f ~~ day of ~:~r~~~f./L , 20bCP , by and between the CITY OF AUBURN (hereinafter referred to as the "City") and NU-WAY, INC. (hereinafter referred to as "Tenant"). WITNESSETH: WHEREAS, The City hereby leases to the Tenant the following described premises: Approximately 11,671 square feet located EAST of the 815 Building, 2905 "C" Street SW, Auburn, WA 98001 hereinafter referred to as the "Premises". To be used exclusively for the following purpose(s): vehicle/trailer storage. The storage and/or use of hazardous/flammable materials are prohibited. Storage and/or distribution of perishable food grade products are prohibited. WHEREAS, The City desires to rent the premises to Tenant upon the terms and conditions as contained herein; and WHEREAS, Tenant desires to lease the Premises from The City on the terms and conditions as contained herein; NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. TERM. The term of this Rental Agreement shall be month to month commencing on the 1St day of December, 2006 and maybe terminated by either party hereto only by providing the other party with thirty (30) days written notice prior to the termination of this Rental Agreement. 2. RENT. The total rent for the term hereof is the sum of five hundred and eighty three and 00/100 DOLLARS ($350.13) per month plus LEASEHOLD tax 12.84% for Rental (rent $350.13 + $44.96 tax = $395.09), which amount shall be paid on or before the first day of December, 2006 and on the first day of each month thereafter during the term of this Rental Agreement except as provided hereunder. 3. USE OF PREMISES. The Premises shall be used exclusively for vehicle storage. 4. CONDITION OF PREMISES. Rental space is accepted "as is". Any proposed changes/alterations to the space shall be the sole responsibility of the Tenant, with prior written approval and acceptance from the City. 5. ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this Agreement, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of the City. A consent by the City to one such assignment, Rental Agreement November 21, 2006 Page 1 of 5 sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior written consent of the City or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at the City's option, terminate this Agreement. 6. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of the City. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between the City and Tenant, be and become the property of the City and remain on the Premises at the expiration or earlier termination of this Agreement. 7. NON-DELIVERY OF POSSESSION. In the event the City cannot deliver possession of the Premises to Tenant upon the commencement of the rental term, through no fault of the City or its agents, then the City or its agents shall have no liability, but the rental herein provided shall abate until possession is given. The City or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of The City or its agents, then this Agreement and all rights hereunder shall terminate. 8. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 9. UTILITIES. Tenant shall be responsible for arranging for and paying for any utility services required on the Premises. 10. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises in good condition and repair during the term of this Agreement and any renewal thereof. The Tenant shall abide by and be bound by any and all rules and regulations affecting the Premises or the common areas appurtenant thereto which maybe adopted or promulgated by the Condominium or Homeowners' Association having control over them. 11. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between the City and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and the City refunding rentals collected beyond such date. 12. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the Rental Agreement November 21, 2006 Page 2 of 5 commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted. 13. INDEMNIFICATION. Tenant shall defend, indemnify, and hold harmless the City, 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 Tenant's use of the Premises, or from the conduct of Tenant's business, or from any activity, work or thing done, permitted, or suffered by Tenant in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City. 14. INSURANCE. Tenant agrees to obtain and maintain, during the terms of the Rental Agreement described herein, Commercial General Liability insurance in the minimum amount of one million dollars ($1,000,000) per occurrence, which shall include liability coverage for injury to any person or property arising from the Tenant's use or occupancy of the above described Premises. The City shall be named as an Additional Insured on this policy. The Tenant agrees to furnish the City with a Certificate of Insurance to the City reflecting evidence of coverage and additional insured status and that the City shall be notified within twenty days prior to any cancellation or modification of the policy. 15. DEFAULT. If Tenant fails to comply with any of the material provisions of this Agreement, other than the covenant to pay rent, or of any present rules and regulations or any that maybe hereafter prescribed by The City, or materially fails to comply with any duties imposed on Tenant by statute, within seven (7) days after delivery of written notice by the City specifying the non-compliance and indicating the intention of the City to terminate this Rental Agreement by reason thereof, the City may terminate this Agreement. If Tenant fails to pay rent when due and the default continues for seven (7) days thereafter, the City may, at the City's option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to the City at law or in equity or may immediately terminate this Agreement. 16. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not made within ten (10) days of when due, Tenant shall pay to The City, in addition to such payment or other charges due hereunder, a "late fee" in the amount of twenty five DOLLARS ($25). 17. RIGHTS AND REMEDIES. The rights and remedies under this lease are cumulative, and either party's using any one right or remedy will not preclude or waive that party's right to use any other. These rights and remedies are in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. 18. RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the Public Records of any public office. In the event that Tenant shall record this Agreement, this Agreement shall, at The City's option, terminate immediately and The City shall be entitled to all rights and remedies that it has at law or in equity. Rental Agreement November 21, 2006 Page 3 of 5 19. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Washington. 20. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. 21. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. 22. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the City or Tenant. 23. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 24. NON-WAIVER. No indulgence, waiver, election or non-election by the City under this Agreement shall affect Tenant's duties and liabilities hereunder. 25. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. 26. NOTICE. Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: If to the City to: City of Auburn Rob Roscoe, Risk Manager 25 West Main Street Auburn, WA 98001 If to Tenant to: NU-WAY Inc. 2501 "C" Street SW Auburn, WA 98001-7414 The City and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. Rental Agreement November 21, 2006 Page 4 of 5 NESS WHEREOF, the parties hereto have executed this Rental Agent- on -~-~ ~~ day of ~ F~ ~ a ~2 , 20 ©~ ,~' CITY: THE TENAN ~~ PE R B. LEWIS, MAYO LE PP ~, fin/ ~ ,..~- `~? ~'~ N v - ~,~ ~ , ,..1~-- Rental Agreement November 21, 2006 Page 5 of 5