HomeMy WebLinkAboutCOW 2015-04-27 Item 5C - Lease Agreement - 5-Year Lease with NCWP Andover Executive Park and Police Officers Guild for Police Physical Fitness ProgramCOUNCIL AGENDA SYNOPSIS
Initials
Meetin
,g Date
Prepared by
s retie -e,W
M '
Council renew
04/27/15
PH
❑ Resolution
Mtg Date
❑ Ordinance
Mt g Date
05/04/15
PH
R Other
Mtg Date
yor ❑ HR ❑ DCD E]Finance ❑ Fire ❑ IT ❑ P&R Z Police ❑ PWI'
SPONSOR ❑ Council [:] Ma
SPONSOR'S The Council is being asked to consider and approve a joint lease with the Tukwila Police
SUMMARY Officer's Guild in regard to a fitness facility for police personnel in conjunction with the
implementation of a department wide fitness program. The program's success will partially
hinge on the acquisition and improvement of an updated exercise facility. An alternate
location at 605 Industry Drive has been proposed.
REVIEWED BY ❑ cow Mtg. ❑ CA&P Cmte Z F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 4/21/15 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR/ADMIN. Police Department
CONINIFYFEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDiTuRf-,, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$1,200 monthly $0 $0
Fund Source: POLICE BUDGET
Comments: The expenditure was not included in the 201512016 budget. The Police Department will
absorb the cost during the remaining budget cycle.
MTG.DATE]
RECORD OF COUNCIL ACTION
4/27/15
Vt %r, I I ► I ; 101 V J, F-A, 111 UOR
ITEMNO.
5-C.
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STAFF SPONSOR: BRENT FRANK I
ORIGINAL AGENDA DATE: 4/27/15
AGENDA I,f f-,m TITLE Tukwila Police Department lease agreement with Tukwila Police Officers Guild for
exercise facility in conjunction with department's fitness program.
CATEGORY E Discussion
Mtg Date 4127119
Motion
Mtg Date 914119
❑ Resolution
Mtg Date
❑ Ordinance
Mt g Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
R Other
Mtg Date
yor ❑ HR ❑ DCD E]Finance ❑ Fire ❑ IT ❑ P&R Z Police ❑ PWI'
SPONSOR ❑ Council [:] Ma
SPONSOR'S The Council is being asked to consider and approve a joint lease with the Tukwila Police
SUMMARY Officer's Guild in regard to a fitness facility for police personnel in conjunction with the
implementation of a department wide fitness program. The program's success will partially
hinge on the acquisition and improvement of an updated exercise facility. An alternate
location at 605 Industry Drive has been proposed.
REVIEWED BY ❑ cow Mtg. ❑ CA&P Cmte Z F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 4/21/15 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR/ADMIN. Police Department
CONINIFYFEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDiTuRf-,, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$1,200 monthly $0 $0
Fund Source: POLICE BUDGET
Comments: The expenditure was not included in the 201512016 budget. The Police Department will
absorb the cost during the remaining budget cycle.
MTG.DATE]
RECORD OF COUNCIL ACTION
4/27/15
MTG. DATE
ATTACHMENTS
4/27/15
Informational Memorandum dated 4/12/15
Lease Agreement
Minutes from the Finance and Safety Committee Meeting of 4/21/15
5/4/15
We
.m
City of Tukwila
Jim Haggerton, Mayor
Uffe-TRITIf a # -.\ Bill 1
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Brent Frank, Police Officer
DATE: April 12, 2015
SUBJECT: Tukwila Police Department Fitness Program and Gym Facility
ISSUE
The Council is being asked to consider and approve a joint lease between the Tukwila Police
Department and the Tukwila Police Officer's Guild in regards to a fitness facility for police
personnel in conjunction with the implementation of a department wide fitness program.
BACKGROUND
The Tukwila Police Department would like to implement a fitness program in which resources
are provided to police personnel to improve on -the -job performance and safety, overall lifestyle,
and decrease profession- specific health risks. One of the primary challenges to moving such a
program forward is the need for an exercise facility. The Tukwila Police Officers' Guild currently
rents a facility that is made available to its members, however, the space is insufficient and the
equipment is outdated in regards to executing a department -wide program.
DISCUSSION
Law enforcement personnel face a wide variety of tasks during the commission of their daily
duties. Many of these tasks are physical in nature and may demand a great deal of strength,
endurance, and conditioning. Officers are also required to wear 30 to 40 pounds of gear while
on shift. With these challenges in mind, a program was created to encourage, guide, and
improve participants, thus creating higher performing and healthier staff. The physical fitness
program will be implemented in early 2015 and made available to all police employees. The
program's success will partially hinge on the acquisition and improvement of an updated
exercise facility. An alternate location at 605 Industry Drive has been proposed. The space
would double the size of the current facility, offer a wide variety of opportunities for exercise,
and provide a fully functioning shower room.
FINANCIAL IMPACT
The lease dues for the facility would be divided between the Tukwila Police Department and the
Tukwila Police Officers' Guild. The base rent per month for the first 12 months is $2,400.00,
thus costing the city $1,200.00 monthly. The base rent schedule for the subsequent months will
be as follow:
Months
Base Rent Per
Month
1 -12
$2,400.00
13 -24
$2,472.00
25 -36
$2,546.16
37 -48
$2,622.54
49 -60
$2,701.22
41
INFORMATIONAL MEMO
Page 2
A $2,476.00 security deposit and a $2400.00 prepaid first full month of base rent would also be
required. They are listed in the attached lease agreement composed by the Andover Executive
Park Company. The total amount of the above deposit and prepaid rent would also be divided
in half between the Tukwila Police Department and the Tukwila Police Officers' Guild.
This expenditure was not included in the 2015/2016 budget. The Police Department will absorb
the cost during the remaining budget cycle.
RECOMMENDATION
The Council is being asked to approve the above - mentioned rental agreement and consider this
item at the April 27, 2015 Committee of the Whole meeting and subsequent May 4, 2015
Regular Meeting.
ATTACHMENTS
Lease agreement between NCWP- Andover Executive Park, LLC and City of Tukwila and
Tukwila Police Officers' Guild.
C:1 Usersl christyl AppDatal Local\Microsoft\Windows\Temporary Internet FileslContent .Outlook1H94XRZJM11nfoMemoGYM 4- 14- 15.doc
42
Andover Executive Park
Lease
By and Between
NCWP- Andover Executive Park, LLC, Landlord
and
Tukwila Police Officers Guild and City of Tukwila, Tenant
Date: , 2015
PDX\ 116631 \ 1925 92 \JDG\ 15405185.5
43
MA
LEASE
TABLE OF CONTENTS
1.
Term ....................................................................................................... ..............................2
2.
Base Rent ............................................................................................... ..............................3
3.
Additional Rent ...................................................................................... ..............................3
4.
Assignment and Subletting .................................................................... ..............................3
5.
Deposit ................................................................................................... ..............................3
6.
Notices ................................................................................................... ..............................4
7.
Compliance ............................................................................................ ..............................4
8.
Maintenance of Premises ....................................................................... ..............................4
9.
Alterations .............................................................................................. ..............................4
10.
Tenant's Insurance ................................................................................. ..............................4
11.
Indemnity .............................................................................................. ............................... 5
12.
Holding Over .......................................................................................... ..............................5
13.
Signage ................................................................................................... ..............................6
14.
Access .................................................................................................... ..............................6
15.
Default and Remedies ............................................................................ ..............................6
16.
Subordination .......................................................................................... ..............................6
17.
Attornment ............................................................................................. ..............................6
18.
Estoppel Certificates .............................................................................. ..............................6
19.
Definition of Landlord; Nonrecourse Lease .......................................... ..............................6
20.
Limit on Landlord's Liability ................................................................ ..............................7
21.
Waiver .................................................................................................... ..............................7
22.
Utilities ................................................................................................... ..............................8
23.
Casualty or Condemnation ..................................................................... ..............................8
24.
Venue and Jurisdiction; Attorneys' and Collection Fees ....................... ..............................8
25.
Planning ................................................................................................. ..............................8
26.
Miscellaneous ........................................................................................ ..............................8
PDX\1 1663 1\1 92592 \JDG \15405185.5
45
EXHIBITS
Exhibit A — Premises
Exhibit B — Operating Expenses
Exhibit C — Rules and Regulations
Work Letter Addendum
PDX\ 116631 \ 1925 92 \JDG\ l 5405185.5
:•
LEASE
This Lease (the "Agreement" or "Lease ") is made this day of April, 2015, by and
between the undersigned Landlord ( "Landlord ") and Tukwila Police Officers Guild, a Washington
nonprofit corporation, and City of Tukwila, a Washington municipal corporation (collectively
"Tenant ").
Landlord is the owner of the real property located in Tukwila, Washington known as the
Andover Executive Park (the "Project "). Landlord hereby leases to Tenant and Tenant hereby
leases from Landlord the space at the Project which is shown on Exhibit A (the "Premises "), to be
delivered to Tenant in its "AS IS" condition except only as provided in the Work Letter Addendum
attached hereto. The following is a summary of certain basic Lease terms.
ADDRESS OF LANDLORD: ScanlanKemperBard Companies
810 NW Marshall Street, Suite 300
Portland, OR 97209
Attn: Asset Manager, Andover Executive Park
Telecopy: (503) 220 -2648
TENANT: Tukwila Police Officers Guild and City of Tukwila
TENANT'S NAICS CODE:
DOING BUSINESS AS:
ADDRESS OF TENANT: 6200 Southcenter Boulevard
Tukwila, Washington 98188
Attn: Phi Huynh
Fax:
PREMISES: 2,401 square feet of space known as 611 Industry Drive, in
Tukwila, Washington, shown on Exhibit A.
LEASE TERM: 60 full calendar months plus any first partial calendar month.
COMMENCEMENT DATE: April _, 2015, or as otherwise set forth herein.
BASE RENT:
The following Base Rent:
Months
Base Rent Per
Month
1 -12
$2,400.00
13 -24
$2,472.00
25 -36
$2,546.16
37 -48
$2,622.54
49 -60
$2,701.22
PDX \116631 \192592 \JDG \15405185.5
47
TENANT'S
PROPORTIONATE SHARE
OF EXCESS OPERATING
EXPENSES:
BASE YEAR:
14.85% of the Building and 1.33% of the Project.
2015
PERMITTED USE: Tenant shall use the Premises only for the following purpose:
Workout space and break room for Tukwila Police officers
before and after shifts.
SECURITY DEPOSIT: $2,476.00
PREPAID RENT: $2,400.00 to be applied to first full month of Base Rent.
PARKING: Up to 6 spaces.
BROKERS: The Andover Company (representing Landlord).
1. Term. This Agreement shall commence on the Commencement Date, and shall
continue for the Term. If the Premises are for any reason not delivered by the Commencement
Date shown in the Basic Lease Terms, this Lease shall not be void or voidable, and Landlord shall
not be liable or responsible for any claims, damages or liabilities in connection therewith or by
reason thereof and the Term of this Lease shall be for the same term of months as set forth in the
Basic Lease Terms, but the Commencement Date shall occur only at the time that the Premises are
delivered to Tenant in accordance with the terms and conditions set forth herein. If the
Commencement Date is other than the first day of a month, the first month of the Term shall be
deemed to include the period from the Commencement Date through the first full month following
the Commencement Date, so that the Term ends on the last day of a calendar month.
(a) Early Expiration
(i) Grant of Right. Tenant shall have the right to cause the Term of this
Lease to expire ninety (90) days following written notice of termination to Landlord (the "Early
Expiration Date "), by giving an Early Expiration Notice as set out below.
(ii) Notice and Payment. In order to effectively exercise this early
expiration right, Tenant shall notify Landlord in writing (the "Early Expiration Notice ") of its
exercise of this right earlier than the first day of the 25th month of the Term and shall pay Landlord
an amount equal to (i) an amount not to exceed $ for the unamortized portion of the
costs of Landlord related to this Lease which are the brokerage commission, all hard and soft costs
whatsoever of Landlord's Work, plus (ii) an amount equal to the Base Rent plus Operating
Expenses that would otherwise next come due during the one (1) month period following the Early
Expiration Date. Such payment shall be due, in full, when the Early Expiration Notice is delivered
to Landlord, and such payment shall be a condition to the effectiveness of such Early Expiration
PDX\1 1663 1\1 92592 \JDG \15405185.5
F)
Notice. Upon the giving of the Early Expiration Notice and the payment of this amount, the
Expiration Date of this Lease shall be and become the Early Expiration Date.
(iii) Personal Nature of Option. The option to cause this Lease to expire
early is personal to Tenant and may not be assigned by Tenant, either separately or in connection
with an assignment of this Lease. Upon any assignment of this Lease or any sublease of all or part
of the Premises, this right shall terminate. The right to cause this Lease to expire early shall also
terminate upon any default by Tenant or the termination of this Lease or of Tenant's right of
possession.
(iv) Additional Documents. Upon request following the giving of an
effective Early Expiration Notice, both parties shall execute an amendment to this Lease setting
forth the Early Expiration Date, provided, the failure of the parties to execute any such amendment
shall not affect their respective rights hereunder. At any time within ten days of written request,
Tenant shall execute and deliver a statement indicating whether or not an Early Expiration Notice
has been given and such matters with respect to any Early Expiration Notice which has been given
as Landlord may request.
2. Base Rent. Tenant shall pay to Landlord monthly Base Rent in the amount set
forth above in advance on the first day of each calendar month during the Term, without notice or
demand, and without any abatement, deduction or off set, for any reason whatsoever; the Prepaid
Rent will be paid upon execution of this Lease. Base Rent for any fractional month during the
Term shall be prorated. Tenant shall pay to Landlord, with all rent, any transaction, privilege or
other tax, now or hereafter imposed on any rent under this Lease. If Landlord does not receive
any rent due from Tenant within five (5) days of when due, then without waiver of any other right
or remedy of Landlord, Tenant shall pay to Landlord, on demand, a late charge equal to ten percent
(10 %) of the overdue rent amount.
3. Additional Rent. In addition to Base Rent, Tenant shall pay to Landlord Tenant's
Proportionate Share of Excess Operating Expenses as set forth in Exhibit B, and the other amounts
required hereunder, all of which are deemed rental.
4. Assignment and Subletting. Tenant shall not have the right to assign this
Agreement or any interest herein or sublet the Premises or any part thereof unless Tenant shall
have obtained the prior written consent of Landlord, which Landlord may withhold or condition
in its sole discretion. If Tenant requests consent to a proposed transfer, Tenant shall pay at the
time of its request a nonrefundable fee of $750 to partially reimburse Landlord's reasonable legal
and administrative expenses in reviewing the request for consent to transfer and in preparing any
assumption documentation that Landlord may require. Consent to one such assignment or sublease
shall not imply any future consent, and all subsequent assignments and subleases shall be made
only upon obtaining prior written consent of Landlord. No transfer and no consent to transfer shall
release Tenant hereunder.
5. Deposit. Contemporaneously with Tenant's execution and delivery of this Lease,
Tenant shall deposit with Landlord the security deposit shown above as security for Tenant's
performance of its obligations hereunder. If Tenant defaults with respect to any provision of this
Lease, Landlord may use, apply or retain all or any portion of said deposit for the payment of such
3
PDX \116631 \192592 \JDG \15405185.5
obligation or default, or for the payment of any other sum to which Landlord may be become
obligated by reason of Tenant's default, or to compensate Landlord for any loss or damage that
Landlord may suffer thereby. If Landlord so uses or applies all or any portion of said deposit,
Tenant shall, within ten (10) days after written demand therefor from Landlord, deposit cash with
Landlord in an amount sufficient to restore said deposit to the full amount. Landlord shall not be
required to keep the security deposit separate from its general funds, and Tenant shall not be
entitled to interest on the deposit. Tenant hereby grants Landlord a security interest in the deposit.
6. Notices. All notices that either party shall be required or may desire to deliver
hereunder shall be given in writing and shall be delivered by hand, or shall be sent by registered
or certified mail, return receipt requested, and shall be deemed received upon the earlier of the date
of receipt or refusal thereof. In addition, notices to Tenant may be posted at the Premises. Notices
shall be addressed as set forth above. Landlord may change its address by giving notice to Tenant
in the manner set forth above.
7. Compliance. Tenant shall comply with all legal requirements applicable to use of
the Premises and will not allow any nuisance at the Premises. Tenant shall not release any
hazardous materials at the Premises or Project nor violate any environmental laws. If Tenant does
release any hazardous materials, Tenant shall entirely clean up and remove all of the same. Tenant
shall comply with the Rules and Regulations attached as Exhibit C and with such changes therein
as Landlord may from time to time make and of which Landlord has notified Tenant.
8. Maintenance of Premises. Tenant, at its expense, shall be responsible for
maintaining and repairing the Premises, including the fixtures (including lighting bulbs, tubes and
ballasts) and improvements in the Premises, except for the maintenance of structural elements of
the Project that are included in the Premises. Upon termination of this Lease for any reason, Tenant
will peacefully surrender the Premises, together, subject to Section 9, with all improvements,
changes, alterations and replacements thereto, and all fixtures, systems and appurtenances attached
thereto, in good order, condition and repair, with the Premises restored to their original condition
as of the commencement date, ordinary wear and tear excepted.
9. Alterations. Tenant shall make no alterations, additions, or improvements in or to
the Premises without Landlord's prior written consent, which consent Landlord may give or
withhold in its sole discretion. Tenant shall submit detailed plans for any proposed alterations,
and shall obtain all permits for any work undertaken. All alterations, additions and improvements
shall, unless Landlord elects otherwise in writing, become the property of Landlord, and shall
remain upon and be surrendered with the Premises as a part thereof at expiration or termination of
this Lease, except that Landlord may, by written notice to Tenant provided at time of approval of
the alterations, additions, and /or improvements (or at any time if no such approval was obtained),
require Tenant, at Tenant's cost, (a) to remove any or all alterations, additions and /or
improvements, and (b) to repair all damage resulting from such removal. Tenant shall pay, as and
when due, all costs of all work at the Premises and keep the Premises free from liens. Tenant shall
obtain such lien releases and waivers as are required by Landlord.
10. Tenant's Insurance. Tenant, at its expense, shall procure and maintain at all times
during the Term, commercial general liability insurance in respect of the Premises and the conduct
or operation of business therein, with Landlord, Landlord's Operating Manager and Landlord's
PDX \116631 \192592 \JDG \15405185.5
50
Ell
managing agent, if any, and any mortgagee whose name and address shall previously have been
furnished to Tenant, as additional named insureds, with a combined single limit of not less than
$3,000,000. All such insurance shall insure the performance by Tenant of the indemnity agreement
as to liability for injury to, illness of, or death of persons and damage to property set forth in
Section 11. The insurance policy required to be carried by Tenant hereunder shall be with
companies and with loss - payable clauses satisfactory to Landlord, and evidence of such insurance
satisfactory to Landlord shall be delivered to Landlord by Tenant prior to the commencement date
and thereafter within thirty (30) days prior to each anniversary of the commencement date. Such
evidence of insurance shall indicate that the insurance policy is in full force and effect, and that
the policy bears an endorsement that the same not be canceled or amended unless thirty (30) days
prior written notice by U.S. Certified Mail of the proposed cancellation or amendment has been
given to Landlord and any mortgagee of which Landlord has given Tenant notice. Tenant shall
also maintain, and provide proof of, full replacement value insurance on all of its personal property
located at the Premises. If and so long as the two lessees named herein constitute Tenant
(a) Tukwila Police Officers Guild shall maintain the insurance specified herein, and (b) the City
of Tukwila shall either also maintain such insurance or may self - insure in which case City of
Tukwila will be liable on the same basis as its insurer would be if City of Tukwila had insured, in
addition to all other liability hereunder. Nothing herein reduces or limits any liability under this
Lease.
11. Indemnity. Tenant hereby agrees to indemnify, defend and hold Landlord
harmless for, regarding, from and against any and all claims, charges, liabilities, obligations,
penalties, causes of action, liens, damages, costs and expenses (including attorneys' fees) arising
from or in connection with: (a) Tenant's use or occupancy of, or any activity, work or other thing
done, permitted or suffered by Tenant on or about, the Premises, (b) any breach or default in the
performance of any obligation on Tenant's part to be performed under this Agreement, or (c) any
act or omission of Tenant, or any officer, contractor, agent, employee, guest, licensee, or invitee
of Tenant. The indemnity obligations of Tenant cover claims and causes of action asserted by
Tenant's own employees and Tenant specifically and expressly waives immunity under
the Washington Industrial Insurance Act to provide Landlord and the other indemnified parties
with full and complete indemnity for such claims and causes of action on the same basis as required
hereunder for claims and causes of action asserted by non - employees. All provisions of
the Agreement pursuant to which Tenant agrees to indemnify Landlord against liability
for damages arising out of bodily injury to persons or damage to property relative to
the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance
of, any building, road or other structure, project, development, or improvement attached to real
estate, including the Buildings, (i) shall not apply to damages caused by or resulting from the sole
negligence of the indemnified party, its agents or employees, and (ii) to the extent caused by or
resulting from the concurrent negligence of Tenant and the indemnified party, or their respective
agents or employees, shall apply only to the extent of Tenant's negligence. The foregoing
provision has been mutually negotiated by the parties.
12. Holding Over. If Tenant holds over after termination of the Term without the
express written consent of Landlord, Tenant shall become a tenant at sufferance only, at a rental
rate equal to two hundred percent (200 %) of the monthly rent in effect upon the date of such
termination, and otherwise subject to the terms, covenants, and conditions herein specified.
5
PDX\ 116631 \ 1925 92 \JDG\ 15405185.5
51
Landlord's acceptance of rental after such termination shall not result in a renewal or extension of
this Agreement.
13. Signage. Tenant shall not display or install any signage other than suite entry
signage that complies with all legal requirements and is first approved by Landlord in writing.
14. Access. Landlord shall have access to the Premises at all reasonable times, upon
twenty -four (24) hours notice to Tenant (except in emergencies).
15. Default and Remedies. Time is of the essence with respect to the obligations of
Tenant hereunder. Tenant shall be in default of this Agreement if (a) Tenant fails to pay rent or
any other amount due hereunder within five (5) days when the same is due, or (b) Tenant fails to
perform any other obligation under this Agreement within ten (10) days written notice stating the
failure. Upon Tenant's default, Landlord may exercise any remedy therefor specified in this
Agreement or otherwise available under applicable law. No remedy herein conferred upon or
reserved to Landlord is intended to be exclusive of any other remedy herein or by law provided,
but each shall be cumulative and shall be in addition to every other remedy given hereunder or
now or hereafter existing at law or in equity or by statute.
16. Subordination. This Agreement is subject and subordinate to all mortgages, trust
deeds and other financing and security instruments that may now or hereafter affect the Premises,
and to all renewals, modifications, replacements and extensions of any such Mortgages. This
Section shall be self - operative, and no further instrument of subordination shall be required to
effect a subordination hereunder; provided, however, that Tenant shall promptly execute,
acknowledge or deliver any instrument that Landlord or any such mortgagee may reasonably
request to evidence such subordination.
17. Attornment. If the interest of Landlord under this Agreement is transferred,
whether through possession, foreclosure or delivery of a new lease or deed, then at the request of
the party succeeding to Landlord's rights (herein called "Successor Landlord "), Tenant shall attorn
to and recognize such Successor Landlord as Tenant's Landlord under this Agreement and shall
promptly execute and deliver any instrument that such Successor Landlord may reasonably request
to evidence such attornment.
18. Estoppel Certificates. Within twenty (20) days following any written request that
Landlord may make from time to time, Tenant shall execute and deliver to Landlord and /or any
prospective mortgagee or purchaser designated by Landlord, a statement certifying: (a) the date
of commencement of this Agreement; (b) the fact that this Agreement is unmodified and in full
force and effect (or, if there have been modifications hereto, that this Agreement is in full force
and effect, and stating the date and nature of such modifications); (c) the date to which rent under
this Agreement has been paid; (d) that there are no current defaults under this Agreement except
as specified in such statement; and (e) such other matters as may be reasonably requested.
19. Definition of Landlord; Nonrecourse Lease. The term "Landlord," as used in
this Agreement, so far as covenants or obligations on the part of Landlord are concerned, shall be
limited to mean and include only the owner or owners, at the time in question, of the fee title of
the Premises. In the event of any transfer, assignment, or other conveyance or transfer of any such
PDX\ 116631 \ 192592 \JDG \15405185.5
52
I
title, Landlord herein named (and in case of any subsequent transfers or conveyances, the then
grantor) shall be automatically freed and relieved from and after the date of such transfer,
assignment, or conveyance of all liability for the performance of any covenants or obligations on
the part of Landlord contained in this Agreement thereafter to be performed. Without further
agreement, the transferee of such title shall be deemed to have assumed and agreed to observe and
perform any and all obligations of Landlord hereunder, during its ownership of the Premises.
Landlord may transfer its interest in the Premises without the consent of Tenant and such transfer
or subsequent transfer shall not be deemed a violation on Landlord's part of any of the terms and
conditions of this Lease. Tenant and all successors and assigns acknowledge that, in the event of
any actual or alleged failure, breach or default hereunder by Landlord:
(a) The sole and exclusive remedy shall be a claim against the Landlord,
with any judgment against Landlord being satisfied only out of its interest in the Project (no
other assets of Landlord shall be subject to levy, execution or other procedure to satisfy such
a judgment);
(b) No member or manager of Landlord and no agent or employee of Landlord
or of any such member or manager shall be sued, named as a party in any suit or action, served
with process or subjected to any judgment, and any such judgment taken against any member,
manager, agent or employee may be vacated and set aside at any time nunc pro tunc;
(c) No writ of execution will ever by levied against the assets of any such
member, manager, agent or employee; and
(d) This Lease and the obligations of the Tenant hereunder shall not be affected
or impaired because Landlord is unable to fulfill any of its obligations hereunder, or is delayed in
doing so, if such inability or delay is caused by reason of strike, labor trouble, inclement weather,
war, riot, acts of God or any other cause beyond the reasonable control of Landlord (these are
events of "Force Majeure"). Landlord shall be excused from performing any obligation hereunder
while such obligation cannot reasonably be performed due to an event of Force Majeure.
20. Limit on Landlord's Liability. Landlord and its agents shall not be liable for
(a) any loss or damage whatsoever to any property of Tenant, except for loss or damage resulting
from Landlord's gross negligence, (b) interference with light, air, or other incorporeal
hereditaments or for any latent defect in or on the Premises or the Project, (c) for the loss of or
damage to income or business except when caused by Landlord's gross negligence, nor in any
event for lost profits or any other consequential damages, nor (d) any failure to provide security
services nor for the effectiveness of any such services.
21. Waiver. Either party's waiver of any breach by the other party shall not be deemed
to be a waiver of any subsequent breach of the same or any other nature, nor shall any custom or
practice that may evolve between the parties be deemed a waiver of or in any way affect the rights
of that party to insist upon the other' performance in strict accordance with this Agreement. The
subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any
preceding breach by Tenant, other than the failure of Tenant to pay the particular rent so accepted,
regardless of Landlord's knowledge of such preceding breach at the time of such acceptance of
such rent.
7
PDX\ 116631\1 92 5 92 \JD G\ 1540518 5.5
53
22. Utilities. Tenant shall pay, when due, all charges for water, sewer, electricity, gas,
garbage disposal and other utilities supplied to the Premises, including but not limited to any hook-
up charges ( "Utility Charges "). If any such utilities are not separately metered or assessed, then
Tenant shall pay (a) the separately metered or assessed charges, and (b) Tenant's Proportionate
Share on those Utility Charges that are not separately metered. Tenant shall pay to Landlord the
metered Utility Charges on the first day of each calendar month unless otherwise directed by
Landlord. Tenant shall arrange and pay for its own telephone and cable service. Landlord shall
not be liable to Tenant in damages or otherwise for the quality, quantity, failure, unavailability or
disruption of any utility service and the same shall not constitute a termination of this Lease, or an
actual or constructive eviction of Tenant, or entitle Tenant to any abatement of Rent. Tenant
hereby waives the provisions of any applicable existing or future law, ordinance or
governmental regulation permitting the termination of this Lease due to an interruption, failure or
inability to provide any services. Tenant shall supply janitorial services to the Premises.
23. Casualty or Condemnation. If a portion of the Premises or Project is damaged or
taken by condemnation (or transferred in lieu of condemnation), Landlord shall have the right to
terminate this Lease. All insurance and condemnation proceeds shall be paid to and belong to
Landlord. If the Premises is damaged and Landlord does not terminate this Lease, Landlord shall
repair and restore such damage and this Lease shall continue.
24. Venue and Jurisdiction; Attorneys' and Collection Fees. In the event any suit,
arbitration, or other proceeding is instituted to enforce any term of this Lease, the parties
specifically understand and agree that venue shall be properly laid in King County, Washington.
In the event of any arbitration or litigation between the parties with respect to this Lease, then all
costs and expenses, including collection agency fees and reasonable attorneys' fees incurred by
the prevailing party in such arbitration or litigation, including on any arbitration or court
proceeding, appeal, petition for review therefrom or in any proceeding before a U.S. Bankruptcy
Court, shall be paid by the other party, such amount to be set by the court before which the matter
is heard, which obligation on the part of the other party shall be deemed to have accrued on the
date of the commencement of such action and shall be enforceable whether or not the action is
prosecuted to judgment.
25. Planning. Upon at least sixty (60) days' notice to Tenant in writing, Landlord shall
have the right to relocate Tenant to other space in the Project, at Landlord's cost and expense.
Landlord's notice shall identify the relocation space, the date of the relocation, and any
improvements Landlord will make to the relocation space. If the relocation space, as it will be
improved by Landlord, will not be comparable to the Premises in size or quality, then Tenant may
terminate this Lease, as of the relocation date, by written notice given to Landlord within twenty
(20) days of Landlord's relocation notice. If this Lease is not so terminated, then Tenant shall be
relocated on the date set forth in Landlord's notice and this Lease shall remain in full force and
effect on its same terms except that the relocation space shall be the "Premises" for all purposes
hereunder.
26. Miscellaneous. Each and all of the covenants, terms, agreements and obligations
of this Agreement shall extend to and bind and inure to the benefit of the heirs, personal
representatives, successors and /or permitted assigns of Landlord and Tenant. For terms used
herein, the singular number includes the plural and the masculine gender includes the feminine
PDX \116631 \ 192592 \JDG \15405185.5
54
and the neuter as the context may require. All obligations and liabilities of either Party shall
survive expiration or termination hereof. All square footages herein are approximate and are not
subject to remeasurement or adjustment, except only as expressly set forth herein. This Lease,
including the Exhibits attached hereto, all of which are incorporated herein by this reference to
them, constitutes the entire agreement and understanding of the parties hereto regarding leasing
the Premises. There are no restrictions, promises, representations, warranties, covenants, or
undertakings other than those expressly set forth or referred to in this Lease or the Exhibits. This
Lease and Exhibits supersede all prior agreements and understandings among the parties with
respect to the subject matter hereof. Tenant shall pay any broker engaged by it other than its
broker, if any, identified in the summary of basic Lease terms. If more than one person or entity
constitutes Tenant then (a) each and all are jointly and severally liable hereunder, and (b) the
consent, approval, default, nonpayment, failure or other act or omission of one (an "Act ") is the
Act of the Tenant hereunder.
7
PDX \116631 \ 192592 \JDG \15405185.5
55
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this the day and
year first above written
LANDLORD: NCWP- Andover Executive Park, LLC,
a Delaware limited liability company
STATE OF
) ss.
County of
By: National CW Portfolio JV, LLC,
a Delaware limited liability company
its Sole Member
By: SKB -CW Investors, LLC,
an Oregon limited liability company
its Managing Member
By: ScanlanKemperBard Companies, LLC
an Oregon limited liability company
its Operating Manager
By:
Name:
Title:
On this day of , 2015, before me, the undersigned, a Notary Public in
and for the state of , duly commissioned and sworn, personally appeared
, known to be the of ScanlanKemperBard
Companies, LLC, the limited liability company that executed the foregoing instrument, as
operating manager of SKB -CW Investors, LLC, as managing member of National CW Portfolio
JV, LLC, as sole member of NCWP- Andover Executive Park, LLC, and acknowledged the
instrument to be the free and voluntary act and deed of that limited liability ,company, for the uses
and purposes therein mentioned, and on oath stated that he or she was authorized to execute the
instrument on behalf of the limited liability company.
WITNESS my hand and official seal hereto affixed the day and year first above written.
PDX\ 116631 \ 192592 \JDG \15405185.5
56
NOTARY PUBLIC for the State
My Commission Expires:
10
TENANT: Tukwila Police Officers Guild,
a Washington nonprofit corporation
By:
Name: John Perry
Title: President
City of Tukwila,
a Washington municipal corporation
By:
Name:
Title:
STATE OF WASHINGTON )
ss.
County of )
On this day of , 2015, before me, the undersigned, a Notary Public in
and for the state of Washington, duly commissioned and sworn, personally appeared John Perry,
known to be the President, of Tukwila Police Officers Guild, the corporation that executed the
foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed
of that corporation for the uses and purposes therein mentioned, and on oath stated that he or she
was authorized to execute the instrument on behalf of the corporation.
NOTARY PUBLIC for the State of
My Commission Expires:
STATE OF WASHINGTON )
ss.
County of )
On this day of , 2015, before me, the undersigned, a Notary Public in
and for the state of Washington, duly commissioned and sworn, personally appeared
, known to be the , of City of Tukwila, the corporation that
executed the foregoing instrument, and acknowledged the instrument to be the free and voluntary
act and deed of that corporation for the uses and purposes therein mentioned, and on oath stated
that he or she was authorized to execute the instrument on behalf of the corporation.
NOTARY PUBLIC for the State of
My Commission Expires:
11
PDX\ 116631\1 925 92 \JDG\ 15405185.5
57
EXHIBIT A
Premises
Building 9 — 605 Industry Drive
623 609
-017 613 611 607
1 - EXHIBIT A
PDX \116631 \192592 \JDG \15405185.5
:-M
59
M-8 1
EXHIBIT B
Operating Expenses
1. Additional Rent. Tenant, throughout the Term, shall be obligated to pay its Proportionate
Share (as that term is defined below) of all Excess Operating Expenses (as that term is defined
below) actually incurred by Landlord. Tenant's Proportionate Share of Excess Operating
Expenses shall be Additional Rent.
1.1 Operating Expenses. The term "Operating Expenses" shall mean all expenses paid
or incurred by Landlord or on Landlord's behalf as determined by Landlord to be necessary or
appropriate for the operation, maintenance and repair of the Project, including without limitation:
1.1.1 Salaries, wages, benefits; payroll taxes, worker's compensation insurance,
and other expenses and benefits of employees of Landlord engaged in the repair, operation,
maintenance, management, engineering and security of the Project;
1. 1.2 All expenses incurred for HVAC, exterior window cleaning and other
services, and all utilities (such as electricity, gas, water and sewer) furnished to the Project that are
not separately metered, together with any taxes thereon and the cost or rental of all equipment and
supplies;
1.1.3 All maintenance costs relating to public and service areas of the Project,
including, but not limited to sidewalks, landscaping, parking, service areas, mechanical rooms,
loading areas, and the roof and the exterior of buildings;
1.1.4 The cost of all insurance premiums and charges including but not limited to
rent loss insurance, casualty, liability, fire with extended coverage endorsement, flood and fidelity
insurance, and such other insurance with regard to the Project and the maintenance and /or
operation thereof as Landlord may elect to maintain;
1.1.5 Repairs, replacement and general maintenance made by Landlord including
the cost to repair and restore casualty losses to the extent not covered by insurance proceeds
received by Landlord;
1.1.6 All taxes and assessments and governmental charges, whether federal, state,
county, or municipal, and whether by taxing districts or authorities presently taxing the Land
and /or Building, or by others, whether subsequently created or otherwise, whether foreseen or
unforeseen, and any other taxes and assessments attributable to the Project, whether or not directly
paid by Landlord, including local improvement district assessments, traffic or signalization
improvement assessments, rent taxes, gross receipt taxes, business license taxes and fees for
permits for the Project, and any other tax or charge, including income taxes and sales taxes, levied
wholly or partly in lieu thereof and any increase in any tax, including income taxes and any
imposition of any taxes such as a sales tax, if increased or imposed due to a reduction in property
taxes, excepting only inheritance or estate taxes and state or federal income taxes computed on the
basis of the net income of the owners of the Project;
1 - EXHIBIT B
PDX\1 1663 1\1 92592 \JDG \15405185.5
61
1.1.7 Management fees paid to a third party, or, if no managing agent is employed
by Landlord, a management fee which is not in excess of the then - prevailing rates for management
fees of other first -class buildings devoted to similar uses in the County and State metropolitan area;
1.1.8 All rental for, and all costs to operate, any on -site management office;
1.1.9 The costs of any capital improvements, replacements, alterations or repairs
to the Project and/or of any machinery or equipment installed in the Project (whether or not
required by law) amortized over the useful life of the same as estimated by Landlord;
1.1.10 Legal, accounting and other professional fees incurred in connection with
operation, maintenance and management of the Project;
1.1.11 All other charges properly allocable to the operation, repair and
maintenance of the Project in accordance with generally accepted accounting principles;
1.1.12 Reasonable reserves for payment of any of the expenses described in this
Section; and
1.2 Operating Expense Exclusions. Notwithstanding anything contained in the
foregoing Section 3.1 the following expenses shall be excluded from Operating Expenses:
1.2.1 Depreciation or amortization on the initial construction of the Project;
1.2.2 Debt service (including without limitation, interest, principal and any
impound payments) required to be made on any mortgage or deed of trust recorded with respect
to the Project;
1.2.3 The cost of leasehold improvements made for any tenants of the Project;
1.2.4 Leasing commissions, costs and disbursements and other expenses
(including advertising) incurred in connection with leasing, renovating, or improving space for
tenants or other occupants of the Project;
1.2.5 Repairs and replacements paid for by insurance proceeds; or
1.2.6 Specific costs incurred for the account of, or separately billed to and paid
by specific tenants of the Project.
1.3 Excess Operating Expenses. The term "Excess Operating Expenses" means, for
any Operating Year (defined below), the amount by which the total Operating Expenses for such
Operating Year exceed the total Operating Expenses for the Base Year identified in the Lease. The
provisions for payment of Tenant's Proportionate Share of Operating Expenses are intended to
pass on to Tenant, and reimburse Landlord for, all costs and expenses of the nature described in
Section 1.1 incurred in connection with ownership and operating of the Project to the extent such
2 - EXHIBIT B
PDX\ 116631 \ 1925 92 \JDG\ 15405185.5
W
costs and expenses exceed in amount the costs and expenses for the Base Year. In determining
the amount of Operating Expenses for the Base Year and any subsequent Operating Year, if less
than 95% of the rentable area in the Project shall have been occupied by tenants at any time during
such year, Operating Expenses shall be deemed to be increased to an amount equal to the Operating
Expenses that would be expected to be incurred had such occupancy been 95 %.
1.4 Direct Tenant Obligations.
1.4.1 Business Taxes. Tenant shall be directly liable for, and shall pay as and
when due throughout the Term, all license and excise fees and occupation taxes covering the
business conducted on the Premises. If any governmental authority or unit under any present or
future law effective at any time during the Term shall in any manner levy a tax on rents payable
under this Lease or rents accruing from use of the Premises, or a tax in any form against Landlord
because of, or measured by, income derived from the leasing or rental thereof, such tax shall be
paid by Tenant, either directly or through Landlord, and Tenant's failure to do so shall constitute
an Event of Default. Tenant shall not, however, be liable to pay any net income tax imposed on
Landlord unless, and then only to the extent that, the net income tax is a substitute for real estate
taxes.
1.4.2 Taxes on Tenant's Property. Tenant shall be liable for and shall pay at least
ten (10) days before delinquency, taxes levied against any personal property or trade fixtures
placed by Tenant in or about the Premises. If any such taxes on Tenant's personal property or
trade fixtures are levied against the Premises, Landlord or Landlord's property, or if the assessed
value of the Premises is increased by the inclusion therein of a value placed upon such personal
property or trade fixtures, then Landlord shall have the right to pay the taxes based upon such
increased assessments, regardless of the validity thereof, but only under proper protest if requested
by Tenant in writing. If Landlord shall so pay such taxes, then Tenant shall, upon demand, repay
to Landlord the taxes so levied and paid by Landlord, or the proportion of such taxes resulting
from such increase in the assessment. In any such event, Tenant, shall have the right, at Tenant's
sole cost and expense, in the name of Landlord and with Landlord's full cooperation, to bring suit
in any court of competent jurisdiction to recover the amount of any such taxes so paid under
protest, any amount so recovered to belong to Tenant.
1.4.3 Tenant Improvements. If the Tenant Improvements in the Premises,
whether installed and /or paid for by Landlord or Tenant and whether or not affixed to the real
property so as to become a part thereof, are assessed for real property tax purposes at a valuation
higher than the valuation at which improvements conforming to Landlord's "building standard" in
other space in the Building are assessed, then the real property taxes and assessments levied against
Landlord or the Premises by reason of such excess assessed valuation shall be deemed to be
property taxes and assessments levied against personal property of Tenant and shall be governed
by the provisions of Section 1.4.2, above. If the records of the County assessor are available and
sufficiently detailed to serve as a basis for determining whether said Tenant Improvements are
assessed at a higher valuation than Landlord's "building standard ", such records shall be binding
on both Landlord and Tenant. If the records of the County assessor are not available or sufficiently
detailed to serve as a basis for making said determination, the actual costs of construction shall be
used.
3 - EXHIBIT B
PDX \116631 \192592 \JDG \15405185.5
63
2. Payment of Additional Rent.
2.1 Operating Year. As used in this Section 4 the term "Operating Year" shall mean
each calendar year of the Lease Term and if this Lease begins or ends on any date other than the
first day of the calendar year, the calculations, costs and payment referred to herein shall be
prorated on a daily basis based on the number of days in such calendar year.
2.2 Tenant's Proportionate Share.
2.2.1 Defined. Tenant's Proportionate Share of Excess Operating Expenses shall
equal the rentable square feet of the Leased Premises divided by the total rentable square feet from
time to time of the Project. As of the date of this Lease Tenant's Proportionate Share is the
percentage stated in the summary of Basic Lease Terms preceding this Lease. Landlord may, from
time to time, recalculate the rentable square feet contained within the Premises and /or the Project
(including, without limitation, in connection with any expansion, contraction or reconfiguration of
either) and, upon completion thereof, Landlord shall adjust Tenant's Proportionate Share and shall
notify Tenant in writing of any such adjustment stating therein the effective date of such
adjustment.
2.2.2 Allocations. Unless Landlord otherwise elects, Tenant shall pay each
Excess Operating Expense in accordance with Tenant's Proportionate Share. Landlord shall have
the right to make allocations ( "Allocations ") to Tenant of any one or more Excess Operating
Expenses on a different basis (including use of estimates) if Landlord has a reasonable basis to do
so. For example, if Landlord deems it reasonable to do so, Landlord shall have the right to elect
at any time and from time to time (a) to make Allocations of certain Excess Operating Expense
items among less than all lessees and/or other than based upon the respective square footages of
the lessees, (b) to make different Allocations for different Excess Operating Expenses, and /or (c) to
alter an Allocation or the method of determining an Allocation from time to time.
2.2.3 Building Operating Expenses. At the election of Landlord from time to
time, one or more Operating Expenses may be calculated, allocated and charged on a Building
basis instead of collectively for the Project.
2.3 Written Statement of Estimated Excess Operating Expenses. As Landlord prepares
written estimates of future Operating Expenses, Landlord will provide Tenant with a copy of such
estimates, but Tenant acknowledges that such estimates are preliminary only, are only for Tenant's
information, and cannot be relied upon by Tenant to reflect actual future Operating Expenses. At
least ten (10) days prior to the commencement of each Operating Year during the Term of this
Lease, Landlord shall furnish Tenant with a written statement setting forth Landlord's estimate of
Tenant's Proportionate Share of the estimated Excess Operating Expenses for the next Operating
Year. Failure of Landlord to deliver the statement of estimated Excess Operating Expenses shall
not relieve Tenant of its obligation to pay Tenant's Proportionate Share of Excess Operating
Expenses. Tenant shall each month pay to Landlord as Additional Rent commencing on January 1
of each Operating Year an amount equal to one - twelfth of the amount of Tenant's Proportionate
4 - EXHIBIT B
PDX\ 116631 \ 192 5 92 \JD G\ 1540518 5.5
M.
Share of estimated Excess Operating Expenses for that year as shown in Landlord's written
statement.
2.4 Final Written Statement. Within ninety (90) days after the close of each Operating
Year during the Term, or as soon thereafter as available, Landlord shall deliver to Tenant a written
statement (the "Operating Statement ") setting forth Tenant's actual Proportionate Share of the
Excess Operating Expenses for the preceding Operating Year. If Tenant's Proportionate Share of
the actual Excess Operating Expenses is in excess of the amount actually billed to Tenant for the
prior year, Tenant shall pay the amount of such excess to Landlord as Additional Rent within thirty
(30) days following the date of such statement. If Tenant's Proportionate Share of actual Excess
Operating Expenses is less than the amount actually billed to Tenant for the prior year, then
Landlord shall apply the credit to Tenant's next Operating Expense payment(s), as and when due.
In no event shall Landlord be liable for damages to Tenant based upon any incorrect or disputed
Excess Operating Expense or Allocation nor shall Tenant have any right to terminate this Lease
by reason of any incorrect or disputed Excess Operating Expense or Allocation. The sole remedy
of Tenant regarding any Excess Operating Expense or Allocation dispute shall be refund of any
charge which exceeds the amount allowed by this Lease. Tenant may review Landlord's books
and records regarding Operating Expenses for a year at the Property Manager's office during
normal business hours if Tenant requests such review by written notice given within 30 days of
receipt of the Operating Statement for such year. Such books and records shall be kept strictly
confidential; Tenant may review the same and may cause the same to be reviewed by the CPA
employed by Tenant to prepare its tax returns (who shall first agree in writing to maintain the
confidentiality of the books and records) but Tenant shall not otherwise disclose the contents of
Landlord's books and records. Any dispute regarding an Excess Operating Expense must be
commenced by written notice specifying the disputed item given within sixty (60) days of receipt
of the first Operating Statement which includes the disputed amount; otherwise such dispute is
waived by Tenant. Any such dispute shall be determined, at the election of Landlord, by an
independent CPA or property manager at the expense of Tenant.
2.5 Payment Following Lease Expiration. If an Operating Year ends after the
expiration or termination of this Lease, Tenant shall pay the Additional Rent in respect thereof
payable under this Section within ten (10) days of Tenant's receipt of the Operating Statement for
such Operating Year.
5 - EXHIBIT B
PDX \116631 \192592 \JDG\ 15405185.5
65
EXHIBIT C
Rules and Regulations
1. No sign, placard, picture, advertisement, name or notice (collectively referred to as
"Signs ") shall be installed or displayed on any part of the outside of the Premises without the prior
written consent of the Landlord which consent shall be in Landlord's sole discretion. All approved
Signs shall be printed, painted, affixed or inscribed at Tenant's expense by a person or vendor
approved by Landlord and shall be removed by Tenant at Tenant's expense upon vacating the
Premises. Landlord shall have the right to remove any Sign installed or displayed in violation of
this rule at Tenant's expense and without notice.
2. If Landlord objects in writing to any curtains, blinds, shades or screens attached to or hung
in or used in connection with any window or door of the Premises, Tenant shall immediately
discontinue such use. No awning shall be permitted on any part of the Premises. Tenant shall not
place anything or allow anything to be placed against or near any glass partitions or doors or
windows which may appear unsightly, in the opinion of Landlord, from outside the Premises.
3. Tenant shall not alter any lock or other access device or install a new or additional lock or
access device or bolt on any door of its Premises without the prior written consent of Landlord.
Tenant, upon the termination of its tenancy, shall deliver to Landlord the keys or other means of
access to all doors.
4. If Tenant requires telephone, data, burglar alarm or similar service, the cost of purchasing,
installing and maintaining such service shall be borne solely by Tenant. No boring or cutting for
wires will be allowed without the prior written consent of Landlord. Landlord shall direct
electricians as to where and how telephone, data, and electrical wires are to be introduced or
installed. The location of burglar alarms, telephones, call boxes or other office equipment affixed
to the Premises shall be subject to the prior written approval of Landlord.
5. Tenant shall not place a load upon any floor of its Premises, including mezzanine area, if
any, which exceeds the load per square foot that such floor was designed to carry and that is
allowed by law. Heavy objects shall stand on such platforms as determined by Landlord to be
necessary to properly distribute the weight. Landlord will not be responsible for loss of or damage
to any such equipment or other property from any cause, and all damage done to the Project by
maintaining or moving such equipment or other property shall be repaired at the expense of Tenant.
6. Tenant shall not install any radio or television antenna, satellite dish, loudspeaker or other
device on the roof or exterior walls of the Project without Landlord's prior written consent which
consent shall be in Landlord's sole discretion.
7. Tenant shall not mark, drive nails, screw or drill into the partitions, woodwork, plaster or
drywall (except for pictures and general office uses) or in any way deface the Premises or any part
thereof. Tenant shall not affix any floor covering to the floor of the Premises or paint or seal any
floors in any manner except as approved by Landlord. Tenant shall repair any damage resulting
from noncompliance with this rule.
1 - EXHIBIT C
PDX\ 116631 \ 192592 \JD G\ 1540518 5.5
67
8. No cooking shall be done or permitted on the Premises, except that Underwriters'
Laboratory approved microwave ovens or equipment for brewing coffee, tea, hot chocolate and
similar beverages shall be permitted, provided that such equipment and use is in accordance with
all applicable federal, state and city laws, codes, ordinances, rules and regulations.
9. Tenant shall not use any hand trucks except those equipped with the rubber tires and side
guards, and may use such other material - handling equipment as Landlord may approve. Tenant
shall not bring any other vehicles of any kind into the Premises. Forklifts which operate on asphalt
area shall only use tires that do not damage the asphalt.
10. Tenant shall not use the name of the Project or any photograph or other likeness of the
Project in connection with or in promoting or advertising Tenant's business except that Tenant
may include the Project name in Tenant's address. Landlord shall have the right, exercisable
without notice and without liability to any tenant, to change the name and address of the Project.
11. The Project receptacles are for office- generated waste only. All office- generated trash and
refuse shall be contained in suitable receptacles at locations approved by Landlord and the
receptacle lids must be closed after each use. All cardboard items shall be broken down before
being placed in the Project recycling container. Tenant shall not place in the trash receptacles any
personal trash or material that cannot be disposed of in the ordinary and customary manner of
removing such trash without violation of any law or ordinance governing such disposal. Tenant's
trash and refuse containers shall be stored inside the Premises.
12. Tenant shall comply with all safety, fire protection and evacuation procedures and
regulations established by Landlord or any governing authority.
13. Tenant assumes all responsibility for securing and protecting its Premises and its contents
including keeping doors locked and other means of entry to the Premises closed.
14. Tenant shall not use any method of heating or air conditioning other than that supplied by
Landlord without Landlord's prior written consent.
15. No person shall go on the roof without Landlord's permission.
16. Tenant shall not permit any animals, other than seeing -eye dogs, to be brought or kept in
or about the Premises or any common area of the Project.
17. Tenant shall not permit any motor vehicles to be washed or mechanical work or
maintenance of motor vehicles to be performed on any portion of the Project or parking lot.
18. These Rules and Regulations are in addition to, and shall not be construed to in any way
modify or amend, in whole or in part, the terms, covenants, agreements and conditions of any lease
of any premises in the Project. Landlord may waive any one or more of these Rules and
Regulations for the benefit of any tenant or tenants, and any such waiver by Landlord shall not be
construed as a waiver of such Rules and Regulations for any or all tenants.
2 - EXHIBIT C
PDX \116631 \192592 \JDG \15405185.5
.:
19. Landlord reserves the right to make such other and reasonable rules and regulations as in
its judgment may from time to time be needed for safety and security, for care and cleanliness of
the Project and for the preservation of good order in and about the Project. Tenant agrees to abide
by all such rules and regulations herein stated and any additional rules and regulations which are
adopted. Tenant shall be responsible for the observance of all of the foregoing rules by Tenant's
employees, agents, clients, customers, invitees and guests.
20. Any toilet rooms, toilets, urinals, wash bowls and other apparatus shall not be used for any
purpose other than that for which they were constructed and no foreign substance of any kind
whatsoever shall be thrown into them. The expense of any breakage, stoppage or damage resulting
from the violation of this rule shall be borne by the Tenant who, or whose employees or invitees,
shall have caused it.
21. Tenant shall not permit smoking or carrying of lighted cigarettes or cigars in areas
reasonably designated by Landlord or any applicable governmental agencies as non - smoking
areas.
22. Any directory of the Premises or Project, if provided, will be exclusively for the display of
the name and location of tenants only and Landlord reserves the right to charge for the use thereof
and to exclude any other names.
23. Canvassing, soliciting, distribution of handbills or any other written material in the Project
is prohibited and each tenant shall cooperate to prevent the same. No tenant shall solicit business
from other tenants or permit the sale of any goods or merchandise in the Project without the written
consent of Landlord.
24. Any equipment belonging to Tenant which causes noise or vibration that may be
transmitted to the structure of the Project or to any space therein to such a degree as to be
objectionable to Landlord or to any tenants in the Project shall be placed and maintained by Tenant,
at Tenant's expense, on vibration eliminators or other devices sufficient to eliminate the noise or
vibration.
25. Driveways, sidewalks, halls, passages, exits, entrances and stairways ( "Access Areas ")
shall not be obstructed by tenants or used by tenants for any purpose other than for ingress to and
egress from their respective premises. Access areas are not for the use of the general public and
Landlord shall in all cases retain the right to control and prevent access thereto by all persons
whose presence, in the judgment of Landlord, shall be prejudicial to the safety, character,
reputation and interests of the Project or its tenants.
26. Landlord reserves the right to designate the use of parking areas and spaces. Tenant shall
not park in visitor, reserved, or unauthorized parking areas. Tenant and Tenant's guests shall park
between designated parking lines only and shall not park motor vehicles in those areas designated
by Landlord for loading and unloading. Vehicles in violation of the above shall be subject to being
towed at the vehicle owner's expense. Vehicles parked overnight without prior written consent of
the Landlord shall be deemed abandoned and shall be subject to being towed at vehicle owner's
3 - EXHIBIT C
PDX\ 116631 \ 192592 \JDG\ 15405185.5
M
expense. Tenant will from time to time, upon the request of Landlord, supply Landlord with a list
of license plate numbers of vehicles owned or operated by its employees or agents.
27. No trucks, tractors or similar vehicles can be parked anywhere other than in Tenant's own
truck dock area. Tractor - trailers which must be unhooked or parked with dolly wheels beyond the
concrete loading areas must use steel plates or wood blocks under the dolly wheels to prevent
damage to the asphalt paving surfaces. No parking or storing of such trailers will be permitted in
the parking areas or on streets adjacent thereto.
28. During periods of loading and unloading, Tenant shall not unreasonably interfere with
traffic flow and loading and unloading areas of other tenants. All products, materials or goods
must be stored within the Tenant's Premises and not in any exterior areas, including, but not limited
to, exterior dock platforms, against the exterior of the Premises, parking areas and driveway areas.
Tenant agrees to keep the exterior of the Premises clean and free of nails, wood, pallets, packing
materials, barrels and any other debris produced from their operation.
4 - EXHIBIT C
PDX\ 116631 \ 192592 \JDG \15405185.5
70
WORK LETTER ADDENDUM
This Work Letter Addendum is attached to and a part of the Lease dated April _, 2015
between NCWP- Andover Executive Park, LLC ( "Landlord ") and Tukwila Police Officers Guild
( "Tenant ").
1. Prior to delivery of the Premises, Landlord shall install the following improvements in the
Premises using building standard materials or other good quality new materials selected by
Landlord:
* Install shower and room where existing sink is located.
2. The work described in Section 1 is "Landlord's Work ". The obligation of Landlord is to
substantially complete Landlord's Work as described in Section 1.
3. Landlord is not liable to Tenant and shall not be in default if Landlord's Work is
substantially completed later than the scheduled Commencement Date in the Lease; but if this
occurs, the Commencement Date shall be the date of substantial completion and the term of the
Lease shall be the number of full calendar months set forth in the Lease, plus any partial first
month.
1 - WORK LETTER ADDENDUM
PDX\1 1663 1\1 92592 \JDG \15405185.5
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City of Tukwila
• Finance and Safety Committee
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
April 21, 2015 — 5:30 p.m.; Hazelnut Conference Room
PRESENT
Councilmembers: Joe Duffie, Acting Chair; De'Sean Quinn, Dennis Robertson (Absent: Kathy Hougardy)
Staff: Peggy McCarthy, Bruce Linton, Brent Frank, Laurel Humphrey
Guests: Jerry Thornton
CALL TO ORDER: Acting Committee Chair Duffie called the meeting to order at 5:30 p.m.
I. PRESENTATIONS No presentations.
II. BUSINESS AGENDA
/0
Lease Agreement: Police Physical Fitness Program
Officer Frank provided the Committee with an overview of a new Fitness and Health Program
planned for implementation in the Police Department. Law enforcement officers have specific
job - related mental and physical impacts to their health and this program aims to provide
fitness and nutrition related resources, motivation, accountability and assistance to officers.
One challenge to the successful implementation of the program is the need for a larger
exercise facility. The Tukwila Police Officers' Guild provides an exercise facility to its
members, but the space is insufficient and the equipment is outdated with regard to the
program goals. Therefore, staff is seeking Council approval of a joint lease agreement
between the Tukwila Police Department and the Tukwila Police Officer's Guild with the
Andover Executive Park Company for an exercise facility located at 605 Industry Drive. If
approved, this space would double the size of the current facility as well as provide a functional
shower room. The proposal would divide the monthly rent and security deposit equally
between the Police Department and the Police Officer's Guild. Monthly rent for this five -year
lease agreement is calculated as follows:
Months
Base Rent Per Month
1 -12
$2400.00
13 -24
$2472.00
25 -36
$2546.16
37 -48
$2622.54
49 -60
$2701.22
Committee members discussed the proposal and expressed support for the health program
and its goals. A question was posed about the suitability of officers using exercise facilities at
the Tukwila Community Center in lieu of paying for a separate facility. Assistant Chief Linton
responded that the Community Center does not offer the level of security necessary to store
firearms and other special equipment. The Committee agreed with the importance of a secure
facility for law enforcement officers. The Committee requested additional information
regarding the compatibility of this lease agreement with existing labor contracts as well as
clarification on long term obligations to officers beyond the term of this lease agreement.
Assistant Chief Linton will clarify these issues with the City Attorney and Human Resources.
UNANIMOUS APPROVAL TO FORWARD TO APRIL 27, 2015 WITH ADDITIONAL
INFORMATION.
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