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
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': 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.
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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:
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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 :
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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.
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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
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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
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( 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
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first above written.
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Ave. ~ • • o a c `''
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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.
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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
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