HomeMy WebLinkAbout13-180 - Way Back Inn - 2013-2018 Kennedy Cottage Lease (15421 42nd Avenue South)13-180
Council Approval 10/21/13
LEASE AGREEMENT
This Lease Agreement (the "Lease ") is entered into on this 1st day of October, 2013, between the
City of Tukwila, a Washington municipal corporation, (the "City ") and the Way Back Inn, a
Washington non - profit organization (the "Lessee "). The City and Lessee agree as follows:
1. PREMISES: The City shall lease to Lessee the residential property currently situated at
15421 42nd Ave. S., Tukwila, Washington (the "Premises ").
2. TERM AND CONSIDERATION: The term of this Lease shall commence on October 1,
2013, and shall terminate on October 1, 2018, in accordance with the termination provisions
set forth in Section 23, unless sooner terminated as a result of Lessee's default hereunder.
Upon termination of this Lease, Lessee shall surrender all keys to the City at the place then
fixed for notice. In consideration of Lessor's rent -free lease of the Premises to Lessee,
Lessee shall maintain the Premises and make improvements to the Premises at Lessee's sole
expense.
3. POSSESSION: Lessee shall be deemed to have accepted possession of the Premises in an
"as -is" condition. The City makes no representations to Lessee regarding the Premises
including the structural condition of the Premises and the condition of all mechanical,
electrical, and other systems. Lessee shall be responsible for performing any work
necessary to bring the Premises into condition satisfactory to Lessee. Lessee shall not
engage in any improvements or alterations to the Premises without the express written
consent of the City.
4. USE: Lessee shall use the Premises for the following purposes: 90 -day transitional housing
for homeless families with one child under the age of 14. The Premises shall be used only
for the uses specified herein and for no other business or purpose without the prior written
consent of the City. No act shall be done on or around the Premises that is unlawful or that
will increase the existing rate of insurance on the Premises or cause the cancellation of any
insurance on the Premises. Lessee shall not commit or allow to be committed any waste
upon the Premises or any public or private nuisance. Lessee shall not do or permit anything
to be done on the Premises which will obstruct or interfere with the rights of other tenants,
or occupants of the Premises or their customers, clients, and visitors or to injure or annoy
such persons.
5. LESSEE MAINTENANCE AND REPAIR RESPONSILIBITY: Lessee shall, when and
if needed, at Lessee's sole expense, make repairs to the Premises and every part thereof; and
Lessee shall maintain the Premises in a neat, clean, sanitary condition. Lessee shall
surrender the Premises to the City in good condition upon the termination of this Lease,
reasonable wear and tear excepted.
6. UTILITIES: Lessee shall pay prior to delinquency for all heat, light, water, and all other
utility services supplied to the Premises.
7. DESTRUCTION OF PREMISES: If the Premises are completely or partially destroyed by
fire or other casualty, or if they are damaged by an uninsured casualty, or by an insured
casualty to such an extent that the damage cannot be repaired within sixty (60) days of the
occurrence, Lessor shall have the option to restore the Premises or to terminate this Agreement
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on thirty (30) days written notice, and Lessee shall have the option to terminate this Agreement
on thirty (30) days written notice, effective as of any date not more than sixty (60) days after
the occurrence. If this Section becomes applicable, Lessor shall advise Lessee within thirty
(30) days after such casualty whether Lessor elects to restore the Premises or to terminate this
Agreement. If Lessor elects to restore the Premises, it shall commence and prosecute the
restoration work with diligence.
12. ALTERATIONS AND ADDITIONS BY LESSEE: After obtaining the prior written
consent of the City, Lessee may make, at its sole expense, such additional improvements or
alterations to the Premises, which it may deem necessary or desirable. Any repairs or new
construction by Lessee shall be done in conformity with plans and specifications approved
by the City. All work performed shall be done in a workmanlike manner and shall become
the property of the City.
13. LIENS: Lessee shall keep the Premises free from any liens arising out of any work
performed, materials furnished, or obligations incurred by Lessee, including those utilities
which Lessee is responsible for.
14. INSURANCE: The Lessee shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the Lessee's operation and use of the leased Premises. Lessee's
maintenance of insurance as required by the agreement shall not be construed to limit the
liability of the Lessee to the coverage provided by such insurance, or otherwise limit the
City's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance.
Lessee shall obtain insurance of the types described below:
1. 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 City 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.
2. Property insurance shall be written on an all risk basis.
B. Minimum Amounts of Insurance.
Lessee shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
2. Property insurance shall be written covering the full value of Lessee's property and
improvements with no coinsurance provisions.
C. Other Insurance Provisions.
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The Lessee's Commercial General Liability insurance policy or policies are to contain,
or be endorsed to contain that they shall be primary insurance as respect to the City.
Any insurance, self - insurance, or insurance pool coverage maintained by the City shall
be in excess of the Lessee's insurance and shall not contribute with it.
D. Acceptability of Insurers.
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:
VII.
E. Verification of Coverage.
Lessee shall furnish the City 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.
F. Waiver of Subrogation.
Lessee and the City 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 premises or said building. This release shall apply only to the
extent that such claim, loss or liability is covered by insurance.
G. City's Property Insurance.
The City 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.
H. Notice of Cancellation.
The Lessee shall provide the City with written notice of any policy cancellation,
within two business days of their receipt of such notice.
I. Failure to Maintain Insurance.
Failure on the part of the Lessee to maintain the insurance as required shall constitute a
material breach of Lease, upon which the City may, after giving five (5) business days
notice to the Lessee to correct the breach, terminate the Lease or, at its discretion,
procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand.
15. INDEMNIFICATION: Lessee 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 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 City.
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16. ASSIGNMENT: Lessee shall not assign this lease or any part thereof, either by operation
of law or otherwise, without first obtaining the prior written consent of the City.
17. DEFAULT: Failure by Lessee to observe or perform any of the covenants, conditions, or
provisions of this Lease, where such failure shall continue for a period of ten (10) days after
written notice from the City to cure the default, shall constitute a default and breach of the
Lease by the City. Lessee shall notify the City promptly of any default not by its nature
necessarily known to the City.
18. ACCESS: After reasonable notice from the City (except in cases of emergency where no
notice is required), Lessee shall permit the City and its agents, employees, and contractors
to enter the Premises at all reasonable times to make repairs, alterations, improvements, or
inspections. This Section shall not impose any repair or other obligation upon the City not
expressly state elsewhere in this Lease.
19. COMPLIANCE WITH LAWS, RULES AND REGULATIONS: Lessee shall, at its
sole cost and expense, promptly comply with all laws, statutes, ordinances, and
governmental rules, regulations or requirements now in force or which may hereafter be in
force relating to or affecting the conditions, use, or occupancy of the leased premises.
Lessee shall faithfully observe and comply with the rules and regulations that the City shall
from time to time promulgate, including, without limitation, those regulations affecting
signage on the Property.
20. PERMITS: Lessee shall, at its sole cost and expense, be responsible for obtaining any
permits or licenses that are necessary to perform the work and covenants of this Lease.
21. PROPERTY TAXES: The City shall be responsible paying all property taxes on the
premises.
22. NOTICE: All notices under this lease shall be in writing and shall be effective when
mailed by certified mail or delivered to the City at the address below stated, or to Lessee at
the address below stated or to such other address as either party may designate from time to
time:
CITY OF TUKWILA: LESSEE:
CITY OF TUKWILA Way Back Inn
ATTN: Mayor's Office PO Box 621
6200 Southcenter Boulevard Renton, WA 98055
Tukwila, Washington 98188
23. TERMINATION: Either party has the right to terminate this Agreement if the other party
is in default of any material obligation or representation of this Lease which default is
incapable of cure, or which being capable of cure, is not cured within ten (10) days after
receipt of written notice of such default.
24. APPLICABLE LAW; VENUE; ATTORNEY'S FEES: This Agreement shall be
governed by and construed in accordance with the laws of the State of Washington. In the
event any suit, arbitration, or other proceeding is instituted to enforce any term of this
Agreement, the parties specifically understand and agree that venue shall be properly laid in
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King County, Washington. The prevailing party in any such action shall be entitled to its
attorney's fees and costs of suit.
25. AUTHORITY OF LESSEE: Lessee, and each individual executing this Lease on behalf
of Lessee, represent and warrant that s /he is duly authorized to execute and deliver this
Lease, and that this Lease is binding upon Lessee in accordance with its terms.
26. WAIVER AND FORBEARANCE: No waiver by the City of any breach or default by
Lessee of any of its obligations or agreement or covenants herein, shall be deemed to be a
waiver of any subsequent breach or default of the same or any other covenant, agreement or
obligation, nor shall forbearance by the City to seek remedy for any breach or default of
Lessee be deemed a waiver by the City or its rights and remedies with respect to such
breach or default.
27. ENTIRE AGREEMENT; MODIFICATION: This Lease, together with any attachments
or addenda, represents the entire and integrated Lease Agreement between the City and the
Lessee and supersedes all prior negotiations, representations, or agreements written or oral.
No amendment or modification of this Lease shall be of any force or effect unless it is in
writing and signed by the parties.
28. SEVERABILITY AND SURVIVAL: If any term, condition or provision of this Lease is
declared void or unenforceable or limited in its application or effect, such event shall not
affect any other provisions hereof and all other provisions shall remain fully enforceable.
The provisions of this Lease, which by their sense and context are reasonably intended to
survive the completion, expiration or cancellation of this Lease, shall survive termination of
this Lease.
IN WITNESS THEREOF, the parties hereto have executed this Lease the date and year above
written.
CITY OF TUKWIL
By:
Its:
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Date:
APPROVED AS TO FORM:
WylvLs
Of i e of the City Attorney
STATE OF WASHINGTON )
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COUNTY OF KING )
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By:
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Date: JG -3/
I certify that I know or have satisfactory evidence that m ±1i4
Mayor, is the person who appeared before me, and said person acknowledg4d that they signed
LEASE AGREEMENT
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this instrument, and on oath stated that they were authorized to execute the instrument on behalf
of the City of Tukwila and acknowledged it to be his/her free and voluntary act for the purposes
mentioned in the instrument.
DATED: Ili nit lNlb
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[Stamp or Seal]
STATE OF WPS Gall4-0 V/
COUNTY OF 16 e
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(Signature of Notary)
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(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of Washington
My appointment expires: t1/' I //L
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I certify that I know or have satisfactory evidence that D 14
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person who appeared before me, and said person acknowledged that d person signed this
instrument, and on oath stated that said person was authorized to execute the instrument and
acknowledged it to be his free and voluntary act for the purposes mentioned in the
instrument.
DATED: /O 3 / ° /3
[Stamp or Seal]
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(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of WA
My appointment expires: /0-2.07 / 7
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