HomeMy WebLinkAbout15-101 - NCWP-Andover Executive Park LLC - Facility LeaseM3
Please contact me as soon as possible if you have any questions or concerns. My address and
contact information are below:
a
Ross Beckley
Senior Real Estate Manager
ScanlanKemperBard Companies
SCANLAN KEMPER BARE)
REAL ESTATE MERCHAINT BANK 1114G
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RE: Lease dated 5/19/2015, by and between NCWP-Andover Executive Park, LLC, a Delaware
limited liability company ("Landlord"), and Tukwila Police Officers Guild and City of
Tukwila ("Tenant"), as amended by that certain N/A (as amended, the "Lease"), for the
premises located at 611 Industry Drive, Tukwila, WA 98188 in the City of Tukwila,
Washington, as more fully described in the Lease ("Premises").
In e7duule referenceQ Lease, hereby certities, as ot the date hereot, the
following:
2. The Lease is in full force and effect and has not been assigned, modified, supplemented or
amended in any way, except as follows: N/A. There are no other agreements or understandings,
whether written or oral, between Tenant and Landlord with respect to the Lease, the Leased
Premises or the Property.
3. The Commencement Date of the Lease was 9/1/2015.
4. The expiration date of the Lease is 8/31/2020, however, Tenant may have additional options to
extend the term of the Lease as may be provided therein;
5. There is currently on deposit with the Landlord a security deposit in the amount of $2,476.00,
in the form of cash;
6. Current annual Base Rent is $29,664.00; or $2,472.00 per month. Tenant's proportionate share
of real estate taxes and insurance, operating expenses, common area maintenance charges,
contributions to any tenant's association or promotional fund and all other sums or charges
monthly paid monthly under the Lease are currently as follows:
valorem tax monthly payment: None
b. Insurance Premium monthly payment: None
LEGAL-US-W # 87189194.2
�M_IWTI 12-TFMI
7. All rent and additional rent payable under the Lease as of the date of this letter has been paid
in full except as follows: None. No rent or additional rent to become payable under the Lease
has been paid more than thirty (30) days in advance except as follows: None;
8. There are no unfinished tenant improvements required to be completed by Landlord as of the
date hereof or any outstanding and unpaid tenant improvement allowances owing to Tenant as
of the date hereof, except: None;
5.
• Tenant's knowledge, there are no defaults by Landlord under the Lease, except as follows:
None; and
10. No rents have been paid in advance of one (1) month, except as otherwise stated in Section 7
above.
This EstoW.1_flr4_*&z?,u avi
their potential lenders, as well as their respective successors and assigns, and may not be relied upon by
any other person or entity.
By:
Name: kL Vt
Title:
Dated: _.-AD-WAL
LE GAL -US-W # 87189194.2
15-101
Council Approval 5/4/15
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\192592UDG\15405185.4
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. 5
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. 9
PDX\116631\192592\JDG\15405185.4
EXHIBITS
Exhibit A—Premises
Exhibit B —Operating Expenses
Exhibit C—Rules and Regulations
Work Letter Addendum
PDX\116631\192592UDG\15405185.4
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: May_, 2015, or as otherwise set forth herein.
BASE RENT: The following Base Rent:
Base Rent Per
Months 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
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TENANT'S
PROPORTIONATE SHARE
OF EXCESS OPERATING
EXPENSES: 14.85% of the Building and 1.33% of the Project.
BASE YEAR: 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 Notice. Upon the giving of the Early Expiration Notice
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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
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such 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.
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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 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
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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.
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
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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 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, regardless of Landlord's
negligence or any other cause, (b) interference with light, air, or other incorporeal hereditaments
or for any latent defect in or on the Premises or the Project, (c) regardless of cause (including
negligence or breach) for the loss of or damage to income or business, 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
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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.
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.
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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
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.
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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
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: ' av't
Title: ` v i +
STATE OF D (1 _)
) ss.
County of vttLt+t1A vviak)
On this I q day of k , 2015, before me, the undersigned, a Notary Public in
and for the stat of , duly commissioned and sworn, personally appeared
�Gi IMPS , lchown to be the (/L C&I( 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.
r �=� OFFICIAL /
- ,5 (L : fjE19 1. N My u �i Expir-s:
10
P-DX\116 6 31\1925 92\JD G\1540518 5,4-
TENANT: Tukwila Police Officers Guild,
a Washingto •onprofit orporation
By: API
Name: Joh "refry,
Title: President
City of Tukwila,
a Washington municipal corporation
B y: — " ' c k Gil
Name: .��E: M!!'l
Title: iffo r I`,
STATE OF WASHINGTON )
) ss.
County of `"IA.-r ` )
On this 12— day of , 2015, before me, the undersigned, a Notary Public in
and for the state of Washington, dul 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 authorizg t xecute the instrument on behalf of the corporation.
��
_,�lkELISS ►►►►1
°` 09 °`471% ; 7 NOTARY PUBLIC for the Stat o Id 4 • : .rt
- .1-OW +if %)•• (4)W'tiVILR 4 -11- 3t),..1.%� s My Commission Expires: r!/ //(
rn , el.IC
STATt & ON )
'1SHING1 �.�� ) ss.
County of 'c ,�` )
On this (d— day of , 2015, before me, the undersigned, a Notary Public in
and for the state of Washingto duly commissioned and sworn, personally appeared
JoI'V\ Mt t +cl■, known to be the MU' , of City of Tukwila, the corporation that
executed -be foregoing instrument, and acknedged 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.
(....../// R.......4
4 'itiii�
,,,,,,,,'o,,,'Q ,> NOTARY PUBLIC for the Stat q of 414
• =r„ = ' N°r +, -.5„. My Commission Expires: if i / ,
mil= . p v:•
m �'� rOtte y2` - 11
P� '��'641149421 G\15405185.4
/�l,, SH`NG\O`\��
EXHIBIT A
Premises
Building 9—605 Industry Drive
623 600
L .---re,2 ........7.—.....
606
4 , _
_ .. I. 7 [....,
dp ,.....T.,_ L._ _
-617 613 611
007
1 -EXHIBIT A
PDX\116631\192592\JD G\1540518 5.4
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
1 -EXHIBIT B
PDX\116631\192592UD G\15405185.4
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;
1.1.7 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.
2 - EXHIBITB
PDX\116631\192592\JD G\15405185.4
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 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
3 -EXHIBIT B
PDX\116631\192592UDG\15405185.4
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.
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
4 -EXHIBIT B
PDX\116631\192592UD G\15405185.4
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 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\JD G\15405185.4
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
1 - EXHIBIT C
PDX\1166 31\192 5 92UD G\1540518 5.4
any floors in any manner except as approved by Landlord. Tenant shall repair any damage
resulting from noncompliance with this rule.
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
2 -EXHIBIT C
PDX\1166 31\1925 92UD G\1540518 5.4
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.
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
3 - EXHIBIT C
PDX\116631\192592\JDG\15405185.4
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 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\JD G\15405185.4
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\116631\192592UD G\1540518 5.4