Loading...
HomeMy WebLinkAbout1992 - Lease - Boettcher Western Properties - 9205010397 Dept. of General Mministr1tion Dllision of Property Develoixneat 042 Room 2000en Olympia, WA 98504 LEASE I Lease No. SRUL 6333 (Tukwila)BAA /prh 1 SR 379 -91 Page 1 1. This LEASE, made and entered into as of the 19th day of December in the year one thousand nine hundred and ninety -one by and between Boettcher Western Pro•erties III Ltd a Colorado Limited Par nerahi• B p.L H.ldin Inc., a Colorado Corporation, General Partner whose address is 827 - 17th Street, Suite 400, Denver, Colorado 80202 -3103 for [heir heirs, executors, administrators, successors, and assigns, hereinafter called the Lessors, and the State of Washington, Department of General Administration, hereinafter called the Lessee: o to bo used exclusively for the following purposes: Offices for the Department of General Administration (Division of Banking) and /or o C other state agencies. TERM = 3. TO HAVE AND HOLD the premises with their appurtenances for the term iB beginning April 1, 1992 and ending with March 31, 1997. ASSIGNMENT /SUBLEASE AI ': 4. The Lessee shall not assign this lease nor sublet the premises o without prior written approval of the Lessor, which shall not be unreasonably withheld, except to a desirable tenant, and shall not permit the use of the premises by anyone other than the Lessee, such assignee or sublessee, and the agents and servants of the Lessee, assignee, or sublessee. 0 ✓ . .7 WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: r' 2. The Lessor hereby leases to the Lessee the following described 01 premises, viz: 4 Q Approximately 820 square feet of office space located in the South Center Plaza r4 Office Building at 14900 Interurban Avenue South, Tukwila, Washington, 9816B CD together with five (5) parking spaces including designated handicapped person in _ oarkinq, said building and parking situated on property legally described as: 02 That portion of Tract 1, Interurban Addition to Seattle, According to the plot 0/ recorded in volume 10 of Plats, page 55, records of King county, Washington, lying southerly of a line which extends northeasterly, perpendicular with the westerly line of said tract, from a point on said westerly line which is 685 feet southeasterly from the northwest corner of said tract; and lying northerly of a, line which extends northeasterly, perpendicular with the westerly line of said tract, from a point on said westerly line which is 1,555 feet southeasterly from the northwest corner of said tract; also that portion of the vacated Puget Sound Electric Railway R/W adjoining thereto lying southeasterly of South 149th Street as conveyed by Puget Sound Power and Light Company to the City of Tukwila by deed dated October 25, 1965 and filed under Auditors File No. 6557639, and lying northwesterly of a line which extends southwesterly perpendicular with the easterly line of said P.S.E. Illy which is also the westerly line of said Tract 1, Interurban Addition, from a point on said westerly line which is 1,555 feet southeasterly from the northwest corner of said Tract: Z ;H W a x a e J U 0 O• Q W I H � u- Wo g 07 I cy OC Z F-0 Z t— ill U . W I L I Z W - I 0 Z •n�. :i.Ji alb s Lease No. SRbL 6333 7 (Tukwila)BAA /prh SR 379 -91 ! Page 2 l 1 RENEWAL /CANCELLATION 5. This lease may, at the option of the Lessee, be renewed for five (5) year at a monthly rental to be negotiated. i i LESSOR CONSIDERATIONS j 6. The Lessor shall furnish as part of the rental consideration, the following: Real estate taxes, all property assessments, insurance, water, sewer, 1 garbage collection, and maintenance as described below, together with all t utilities and services as normally required in the operation of an office ,` building and including, but not limited to adequate heat, light, electricity, j 1 4 air - conditioning, elevator service, restroom facilities, and ianitor service -- janitor service to include window washing, restroom supplies, light bulbs, etc., as sot forth in Exhibit "J" which is incorporated herein by reference. A MAINTENANCE AND REPAIR ..1 7. Lessor's maintenance obligations under Paragraph 8 shall include, but not be limited to, the mechanical, electrical, interior lighting (including replacement of ballasts, starters and fluorescent tubes as required), plumbing, heating, ventilating and air - conditioning systems (including replacement of filters as recommended in equipment service manual); floor coverings; window coverings; elevators; inside and outside walls (including windows); all structural portions of the building (including the roof and the watertight : � integrity of same); porches, stairways; sidewalks; exterior lighting; parking lot A (including snow removal, cleaning and restripinq as required); wheel bumpers; :] drainage; landscaping and continuous satisfaction of all governmental !} requirements generally applicable to similar office buildings in the area (example: fire, building, energy codes and requirements to provide an , architecturally barrier -free premises for handicapped people, etc.). 8. The Lessor shall, unless herein specified to the contrary, maintain the promises in good repair and tenantable condition during the continuance of this lease, except in case of damage arising from the act or the negligence of the Lessee's clients, agents or employees. For the purposes of so maintaining the premises, the Lessor reserves the right at reasonable times to enter and inspect the premises and to make any necessary repairs to the building. FIXTURES 9. The Lessen, upon the written authorization of the Department of General Administration, shall have the right during the existence of this lease with the written permission of the Lessor (such permission shall not be unreasonably withheld), to make alterations, attach fixtures, and erect additions, structures or signs, in or upon the premises hereby leased. Such alterations, fixtures, additions, structures and signs shall be authorized only by the Department of General Administration. Performance of any of the rights authorized above shall be conducted in compliance with all applicable governmental regulations, building codes, including obtaining any necessary permits. Any fixtures, additions, or structures so placed in or upon or attached to the said premises shall be and remain the property of the Lessee and may be removed therefrom by the Lessee upon the termination of this lease. Any damage caused by the removal of any of the above items shall be repaired by the Lessee. 25x 1❑ � ;�: = Lease No. SR&L 6333 (Tukwila)BAA /prh SR 379 -91 Page 3 ALTERATIONS /IMPROVEMENTS 10. In the event the Lessee requires alterations /improvements during the term of this lease, any renewals and /or modifications thereof, the Lessor shall have the right to provide such services. If the Lessee considers Lessor's alterations /improvements costs are excessive, the Lessee shall have tho right, but not the obligation, to request and receive at least two independent bids: and the Lessee shall have the right at its option, to select one alternative contractor whom the Lessor shall allow to provide such services for the Lessee in compliance with the Lessor's building standards and operation procedures. 11. Any and all payments provided for herein when made to the Lessor by the Lessee shall release the Lessee from any obligation therefor to any other party or assignee. RENTAL RATE 12. The Lessee shall pay the Lessor for the premises rent at the following rate: Nine Hundred Ninety-one Dollars and No Cents $991.00 per month Payment shall be made at the end of each month upon submission of properly executed vouchers. DISASTER 13. In the event the leased premises are destroyed or injured by fire, earthquake or other casualty so as to render the premises totally unfit for occupancy, or the Lessor(s) neglects and /or refuses to restore said premises to thoir former condition, then the Lessee may terminate this lease and shall be re imbursed for any unearned rent that has been paid. In the event said premises are partially destroyed by any of the aforesaid agencies, the rent herein agreed to be paid shall bo abated from the time or occurrence of such destruction or injury until the premises are again restored to their former condition, and any rent paid by the Lessee during the period of abatement shall be credited upon the next installment of rent to be paid. It is understood that the terms "abated" and "abatement" mean a prorate reduction of area unsuitable for occupancy due to casualty loss in relation to the total rented area. NO 'GUARANTEES 14. It is understood that no guarantees, express, or implied, representations, promises or statements have been made by the Lessee unless endorsed hereon in writing. And it is further understood that this lease shall not be valid and binding upon the State of Washington, unless same has been approved by the Director of the Department of General Administration of the State of Washington and approved as to form by the office of the Attorney General. REIMBURSEMENT FOR DAMAGE TO PREMISES 15. The Lessee hereby agrees to reimburse the Lessor for damages caused by the acts or negligence of its employees, clients and agents, but in no event shall this paragraph be construed as diminishing the Lessor's duty to make j o.1T.3:Y'r.1 ; Lease No. SR6L 6333 (Tukwila)BAA /prh SR 379 -91 Page 4 repairs as set forth in preceding paragraphs of this lease, or as making Lessee responsible for the repair of normal wear and tear. HAZARDOUS SUBSTANCES 16. Lessor warrants that no hazardous substance, toxic waste, or other toxic substance has been produced, disposed of, or is or has been kept on the premises hereby leased which if found on the property would subject the owner or user to any damages, penalty, or liability under an applicable local, state or federal law or regulation. Lessor shall indemnify and hold harmless the Lessee with respect to any and all damages, costs, attorney fees, and penalties arising from the presence of such substances on the premises, except for such substances as may be placed on the premises by the Lessee. REMODEL 17. The Lessor shall, on or before March 25, 1992, complete in good and workmanlike manner alterations as noted on the attached plan (3388 (Exhibit "A "), approved by the Chief Planner on t'ebreary 14, 199 , also with attached specifications approved by the Chief Planner on Fehrnary 14. 1999 , initialed by both parties hereto and incorporated herein by reference. CAPTIONS 1B. The captions and paragraph headings hereof are inserted for convenience purposes only and shall not be deemed to limit or expand the meaning of any paragraph. names. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their Boettcher Western Properties III, Ltd., a Weehirgte* Limited Partnership Gxot+►oo By: Boettcher Properties, Ltd., General Partner A dings , er :artne Ay • ( Lessor: If corporation, partner ip, or other officer with legal authority other than a natural person, give title) FEDERAL TAX I.D. NUMBER 84- 0911344 (Not required for corporations) APPROVED AS TO FORM: By: AssiStant Attorney General Date: ' 50A' Burton A. Appelo Real Estate Agent STATE OF WASHINGTON General Administration John E. Swander, Ass s t Director, Division of Property Development st •• . • • 0 first above written. r j��pTARY +;' Ave. ~ • • o a c `'' • 1, Or :r n, Residing at commission expires Lease No. SR&L 6333 fTukwila)BAA /prh SR 379-91 Page 5 STATE OF e% 't/`�1llsu/ ) Y - 041la.' ) 03. County o On this /0 d y of - )- - n t.d., , A.D., 19 9', before me personally appeared r( ��,(�! to me known to be the li re 1'/)!��%f . of the corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corpo a on, for the uses and purposes therein mentioned, and on oath stated that . was authorized to execute said instrument and that the coal affixed thereto is the corporate seal of said corporation. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. y Not Public in and for-,the State of STATE OF WASHINGTON ) ss. County of Thurston I. the undersigned, a Notary Public, do hereby certify that on this /i day of 194 ' , personally appeared before me JOAN B. PHILLIPS, Facilities Planning Manager, Division of Property Development, Department of General Administration, State of Washington, to me known to be the individual described in and who executed the within instrument. and acknowledged that she signed and sealed the same as the free and voluntary act and deed of the Department. for the purposes and uses therein mentioned, and on oath stated that she was duly authorized to execute said document. in Witness Whereof 1 have hereunto set my hand and affixed my official seal the day and year 4.h ry u• •/ n n• R esiding a t i. _ My commissio exp res —7— 9=5 or e e o as ing on, z • w re w 2 ,J 00 U O W = . --I 1— W = W Z = Z� W W U O D- 0 H W W 2 U L I O z U = 0 z