HomeMy WebLinkAbout18-184 - Bayview Motor Club - Commercial Lease Agreement for Bainwait Property18-184
Council Approval 4/28/18
COMMERCIAL LEASE
CITY OF TUKWILA, LANDLORD
BAYVIEW MOTOR CLUB, LLC, TENANT
September 11, 2018
COMMERCIAL LEASE
CITY OF TUKWILA TO BAYVIEW MOTOR CLUB, LLC
TABLE OF CONTENTS
Page
1. GRANT 1
2. PER.MITTED USE 1
3. TERM
4. RENT, 1
5. SECURITY DEPOSIT
6. ALTERATIONS AND IMPROVEMENTS. 2
7, REPAIRS AND MAINTENANCE. 2
8, OPERATING EXPENSES. 3
9. UTILITIES AND SERVICES 3
10. USE OF PREMISES. 4
11. LEASEHOLD EXCISE TAX; PERSONAL PROPERTY TAXES. 4
12. INDEMNIFICATION/HAZARDOUS MATERIALS 4
13. INSURANCE 5
14. ACCESS. 6
15. WAIVER OF SUBROGATION. 6
16. .NONWAIVER OF BREACH 6
17. SUCCESSORS. 6
1.8. GOVERNMENTAL FEES. 6
19. LIENS. 6
20. ASSIGNMENT, SUBLETTING OR SUBSTITUTION OF LESSEES. 7
21. DAMAGE OR DESTRUCTION OF PREMISES 7
22. DEFAULTS; REMEDIES. 7
23. ESTOPPEL CERTIFICATES 9
24. BROKER. 9
25. SUBORDINATION 9
26. SURRENDER. 10
27. GENERAL PROVISIONS 10
EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 16
EXHIBIT B MAP OF TENANT'S LEASE AREA 17
COMMERCIAL LEASE
CITY OF T0KWKLA TO WIRELESS CITY
This Lease ismade this 5day o[September, 20|8,b«and hctwccnthe City ofTukwila, u
municipal corporation operating under the laws ofthe State ofWashington osanon-charter code
city ("Landlord'), and Bayv1cw Motor Club, LLC ("Tenant").
Landlord and Tenant agree as follows:
Landlord leases to Tenant and Tenant leases from Landlord that portion o/real property
located at 3415 S. 152"u
Street ('King County Parcel #O00lO0-U5l5) in Tukwila, Washington,
and |cgn||v dcacdhcd on 0xbihit/k attached hereto, which Tenant occupied immediately
preceding the execution of' this Lease (hereafter called the "Premises"). The Tenant's portion uf
the property being ]eased is shown in Exhibit "B".
2. PERMITTED USE.
Tenant xboU use the Prcndxcs only as auto sknug* and for no other use or purpose
without the prior written consent ofLandlord. Tenant is already inpossession o[the Prcnnimox, is
familiar with the Premises and acknowledges that the Premises are suitable for Tenant's use.
3.01 Tcrin. The term of this Lcunc ("Lease Term") shall commence on the
Commencement Date, and shall terminate on March 3 1, 2019, unless terminated sooner pursuant
to this [euac. "Commencement Date" means the later of. (u) the date that this Lease has been
executed, acknowledged and delivered byeach o[Landlord and Tenant; and (b) the date that
Landlord has acquired title to the Property. Tenant may tcrnoiou\c the |cuau by providing the
Landlord \5 duynvvriKcnooboe.
4,01 Payment wfRent. Tenant covenants topay toLandlord the amount o[$25O.00,
in advance on the first day oil' each month of the Lease Term. Rent shall bcpaid W Landlord at
6200 8outbceniorB|vd., /\\Un: £|R/\N[){)N MILES, Tukwila, Washington Y8|88. oruJsuch other
address as Landlord shall specify from hnor to time. Rent shall be paid by personal, buoiocun or
cashier's cbcck� no cash xbnU be accepted. Rent shall he prorated for any portion of nonnib in
the event this Lease shall begin or end on a date other than the first or last day ofa month.
4.03 Additional Rent. Tenant shall also pay usadditional rent the payments required
4.04 Late Cbmrguo- Late payment by Tenant o[rcni and other aonno due will cause
Landlord to incur costs not cnn|erop|u1cd by this Lease, the exact amount of which will be
extremely difficult to uyconiuio. The costs include, but are not limited to, processing, accounting
and administrative charges. Accordingly, if any inxtad|ozcot of rent or any other ourn due from
Tcoun\ is out received bvLandlord or its designee within tell (1O) days after the amount is due,
Toouo\ *hu) pay to Landlord a |uoe charge equal to five percent (5%) of the overdue unnoun\. The
parties agree that this bUr charge zep,csroCa u fair and reasonable cuibnutc n[dhc costs Landlord
will incur hyreason of the late payment byTenant. /\cccpiuuoc of late charge hyLandlord is
not m waiver of Tenant's default, nor u waiver of greater charges which may be incuned by
Landlord.
5. SECURITY DEPOSIT'
Icouui shall dcnnyi/ with Luod|onj un amount equal to one uzon\h`o rent, the suon of
TWO HUNDRED AND FDPI`/ andNo/|OU [)nUuo (S250.00) to be kept (along with any interest
earned lbcrcon)byLandlord as accmj{y for Tenant's performance ofall ofthe icnos,covenants
and conditions of this Lease that Tenant is to perform hereunder. In the event ofadefault hy
Tenant under this Lcono which is not cured as provided herein, Landlord may use, apply orretain
all or such part of this security deposit as is necessary to cure any such default.
6. ALTERATIONS AND IMPROVEMENTS.
0'01 Rxoowdollmg KmuprppcmomKn and Other /klkcrodomo' Tenant shall make no
remodelingimprovements, u|tcruhoua, installations', removals, additions orother improvements
in or to the Premises without Landlord's prior written consent. The Landlord's prior consent
mbuU not be required if the 1oiui cost of the remodeling inzpnovcozcu1, ul1crodoo, inuioUubno`
removal, addition or other improvement is |cmo than One Thousand [)oUorx ($1,000.00). All
costs of such work sbo]| be Tcount`n m/\e responsibility and will not he njnzburacd for any
reason. Icnun( shall perform all activities referred to in this acc(knn in curnp|iuocc with all
applicable governmental laws, ordinances, cndco. and regulations. Upon the termination of this
lxeamc fee title to all 1111provernco1x then located upon the 9cccniscs abuU pass to arid vest in
Landlord.
6.02 Roxaovm\ of&lxtnrxs/PcrnnomK Property. A\the termination or expiration of this
Lcuac, Toouu\ ugrccu to ncrouvc all personal property arid trade fixtures. Any personal property
or fixtures left behind after the termination of this lease will be removed and disposed uFbythe
Landlord.
7. REPAIRS AND MAINTENANCE.
Tonuoi \caxcu the Premises in ^^uu'in" and ^^v/bcce is" condition and, at its oupcoxe, will
kcon all uxpnc\u of the Premises in ncuL clean, and in a sanitary condition, and will replace any
gbex of windows and doors which may become cracked or broken, and, except for acts of God,
reasonable wear arid tear arid dunzogc by fire, will at all times prcyccvc said Premises in as good
repair as they arc now or may hereafter be put. Tenant shall maintain arid repair the Premises, and
Tenant mgrcca to keep the parking |o& and urcom and sidewalks adiacenito the front and rear nf
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the 9rcodxox clean and hrc of debris and oboUncdnux. Tcouut shall pick up any ouoh or debris
on the Puzcoixcv, parking lot, oruJiaccu\sidewalks at least once daily. Tenant shall make all
repairs and rcpinccnncnix for the proper ozuiotcounce and operation of the Premises. Touuut
acknowledges that Landlord shall have no responsibility to maintain, repair, restore or replace
any portion of the Premises or any buildings or structures located dhcncnn. Tenant shall ensure
that none of the cars stored on the property are leaking any fluids, including, but not limited to
oil, radiator fluld, etc.
In the alternative, Tenant may choose \nteiuibnutethe ]case upon 15-duvs` written notice
instead n[making any such repairs except when such repairs are necessary to bcn)adc within
Gftoco dnvx to protect the UfL and na[6v of the occupants and the public, in which oo»u the
'Tenant may choose k)terminate the |cusc immediately.
0. OPERATING EXPENSES.
In addition to Base Rent, Tenant will pay directly, or to Landlord as oJdUii000l rent at
Landlord's option, all operating, repair and maintenance costs and expenses (dzu "Operating
Expenses") of the prcnzocs. Operating Exncuacs are all cueio paid or incurred by Landlord ill
connection with the operation and rnaioicuuoce of the Premises, dc\cnnincd by standard
accounting and property management practices, including without limitation: water and sewer
repair charges; interior painting, repair and maintenance of buildings and improvements; 8\/AC
maintenance and repair; all bumur000cprcnoiuona; all utilities charges and taxes; window cleaning;
snow, 1nah, or debris removal; gardening and krndxcxnc maintenance; supplies, materials,
equipment, and tools, and maintenance costs and upkeep ofall parking and common areas.
For Operating Expenses paid to or incurred by the Landlord and except when Such repairs
are necessary to protect the life, yu(e|w and welfare of the occupants and the public, Landlord
obu|| provide Tenant with seven (7) days written notice prior to expending any funds for repair
and rnuiu\cnuooc costs and expenses. Notice shall include xdescription o[the necessary repair
and maintenance activity and the estimated cost. In response to the notice, Tenant may either (|)
remit puypnon( to the Landlord for such costs or (2) choose to terminate the lease by providing
|5-dayx' written notice in *vbicb cuac the ieooc shall terooiouic and Tenant shall not be obligated
to pay for identified expense. When such repairs are necessary tn protect the life and safety o[the
occupants an(] the public, the provision in the last paragraph of preceding section shall apply.
9\ UTILITIES AND SERVICES.
Tenant agrees topay for, when due, all p/utu, ainnn, mev/cr, heat, gum, electricity, garbage
collection and all other utility services ooueonnodorused u1 the Premises during the Lease Term.
Tenant shall be responsible for contracting directly for all utilities, and for the collection ofits
garbage from the Premises. Tenant agrees topay, when due, all interest, penalties, late -payment,
cnoccUadno orother changes arising out oforrelating to Tenant's use of, and termination of, all
10, USE NN'PREMISES.
The Premises shall at all times be kept and used ioaccordance with the \uw* of the State
of Washington and the ru|cm, regulations, orders, and dim:odvc of the State of Washington, King
County, and the City ofTukwila having Jurisdiction over said Prcnmaexond in accordance with
all directives, rules and regulations of the bCubb nfficcc fire cuucobol, building inspector orother
proper official n[(hoState o[VVuxhi ,8]ngCouoty,aoddheCityo[Tukp/i|u,utdhocxpcnsc
of Tenant. Tenant will permit no waste, darnage, or injury to the Premises.
11. LEASEHOLD EXCISE TAX; PERSONAL PROPERTY TAXES.
11.01 LcmochwUd Excise Tax. Tenant shall pay in Landlord as additional rent, together
with each payment of monthly Qusc Rent, the |cuu:ho|d excise tux in the unuouo1 of 12.840/o of'
the monthly Base Rent payment.
I1.02 Purwomm3 Property Tuuxn, All taxes levied or assessed directly against Tenant or
its huyioomn or property, including bncnoze, business and occupation taxes, arid use iuxcy on
Tenant's personal property, shall hepaid hvTenant.
12, INDEMNIFICATION/HAZARDOUS MATERIALS.
12J01 8mdommoificutioo' Neither Landlord nor any agent or cn`p|nyeo of Landlord ahuU
be|iubb[ordumugciopropertyuricUurytupers000nnstuincdhyTcnao1orodhrr*rceoUhngbnnn
ally act or omission other than the gross negligence or willful misconduct of Landlord or its
agents oremployees.
lJorug the Lease Tenn, Tcouo\ ugrcca to indemnify and hold harmless Landlord from all
dmi000, actions, causes ofaction, judgments, liabilities, expenses, costs and reasonable attorneys'
tecx undfhzoz all limitations, restraints, pcuokins orobligations pcUointo Landlord arising out
of any act, omission, o, neglect in cooucudou with Tenant's (including Tcoaoi`a oozpkovccs,
agents, officers, Ucenacco, invitees or other occupants of the Prcndooa) (1)uxc or occupancy of
the Premises, (2)cundoci of its business, or (3)dc[au|\ under or hceuob of this Lease, except
v/hcrc such is a ncxu]t of the gross negligence or willful misconduct ofLandlord, or its ogcoLa or
employees. This indemnity shall survive the termination of this Lease as to any act uUcgcd to
have occurred during the Lease Term, and shall ourvive until the expiration of the applicable
statute of|innitn1i000.
12.02 Hmsordwox Materials. Tenant shall not dispose oforotherwise allow the rc\cu*c
ofuny hazardous `vasic or materials in, on or under the Prcn'iaoo, or any ud6uceui property, or in
any irnpnovcrnen|x placed on the Prcnoiuus. Tcouni represents and v/onnniy to Landlord that
Teuuot`a use of the Premises does not involve the use, production, disposal orbringing oo to the
Premises of any buzurdnou vvostr or nnotcriu\o. As used herein, the torn `^buzurdnux Y/ustc or
onu1rria|x" includes any suhutuucc, wuyic or material defined or designated uy hazardous, toxic or
dangerous (or any similar term) by any federal, otuic or local statute, regulation, rule or ordinance
now or bcrouDu'io effect, and ubu|) include all tbonu ofwaa{c/dchrio generated byTenant's use
of the Premises. Tcnuoi «bo|) comply at all 1icuos with all statutes, regulations and ordinances,
and with all orders, decrees or judgnicnts of governmental authorities or courts having
jurisdiction, relating to the use, collection, treatment, disposal, storage,control, removal m
cleanup otbomuzdoue vvuotc or rnm1odaJx in, no or under the Premises or any adjacent property, or
incorporation in any improvements, at Tenant's sole expense.
After notice to Tenant and a reasonable opportunity for Tenant to effect such compliance,
Landlord may, but is not obligated to, enter upon the Premises and take such aodooa and incur
such costs and expenses ho effect such connphuocc as itdoonsadvisable \oprotect its iotcroo\ in
the Po:ndncs, provided, however, that Landlord shall not bc obligated to give Tenant notice and
an opportunity to effect such compliance if (I ) such delay might result in material adverse harm
to Landlord or the Prcnniucu, (2)Tenant has already had actual knowledge o[the ohoudon and u
rousvuab|r opportunity to effect such compliance, or (])uo emergency exists. Wbctbnz or not
Tenant has m:iuu| koov/}cdgc of the ocicumc of hazardous vvuuto or nuu1oiu|u on the Pnoroisca or
any adjacent property as the result of Tenant's use of the Premises, Tenant aba|| reimburse
Landlord for the full amount of all costs and expenses incurred by Landlord in connection with
such compliance activities, and such obligation shall continue even after the tenninodno of this
Lease. Tenant shall uoliFv Luod|oui bmnuodio{cly of any release of any buxozdoua rvuaie or
materials outhe 9rccniscm.
Tenant shall indemnify and hold Landlord horndcso against any and all \oamcm, liabilities,
mui\s, obligations, fines, damages, judgtrients, ocnuduo, o|uiozx, charges, cleanup cnsty, remedial
actions, costs and expenses (including, without limitation, attorneys' fees and disbursements)
which may be imposed on, incurred orpaid by, or asserted against Landlord or the rncnoixcu by
reason o� or in connection with (l) any misrepresentation, breach ofwarranty orother default by
Tcoun1tinder this paragraph, or(2)the acts or omissions of Tenant, orany subtenant orother
person for wb*no Touuu\ vvou|d otherwise be liable, ,emu|hug in the ro\cuyo of any hazardous
vvuatc or nnu1criu|s or the violation of any |uvv, rule, regulation or order pertaining to hazardous
waste or materials.
Landlord shall indemnify and hold Tcounthonnlcsaagainst any and all losses, |iohi|idcm,
suits, obligations, Dncy,duonuges, judgirients, penalties, claims, churocy,c|canupcosts,rcmodiu|
uuhuoa, costs and cxpunucm (including, vvdboui >bniiudno, attorneys' fees and diohurmoncuko)
which may be imposed on, inuonrd or paid by, or asserted uAuinx1 Tenant in connection with the
rckcuuc of any hazardous v/uutc or materials or the vk`|u\ioo of any |o"/, rule, rcgo\y1iou or order
pertaining to hazardous waste or materials related to actions outside of Tenant's control.
13. INSURANCE.
During the Lease Term, Tenant xbul keep in full force and effect, at its *nb cost and
expense, u policy or policies of liability insurance for property damage and bodily injury, with
minimum coverage amounts o[$\,0OU,O0O per occurrence within or about the Premises. Each
sncb policy shall: (a) oanoc Landlord as on additional insured; (b)hc written as primary policies
not contributing with and not in excess of coverage that Landlord may carry; (c)coutuio an
undomcmco1 providing that such insurance may not hc cuucc||od with ncxpcot to Landlord except
u8cr 30 days' prior written notice From insurance company to Landlord (]O dovu for nonpayment
o[pceoninuo)�and (d) bewritten byinsurance companies having oA.M.8uut`xrating of^^&-\/O"`
or better.
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14. ACCESS.
Upon rousooub|c advance notice, Landlord and its agents have the right to enter the
Prcndacx uXreasonable times for the put -pose of inspecting Lbcoz showingdhccntoprospective
purchasers, |cndcrm` or |remccu, and making occcooury or desirable o|tcno1ioon, repairs,
improvements oradditions tothe Premises, provided that Landlord shall use reasonable efforts to
minimize interference with Tenant's use and enjoyment of the Premises.
15. WAIVER OF SUBROGATION.
Landlord and Tenant hereby rdeuoc each other finnz any and all liability orrcspooxihiii(y
(\o the other or anyone claiming through or Linder the other hvway of subrogation or otherwise)
for any |oxu ordamage to real o,personal property oothe Premises caused by fire orany other
insured pohL ovco if such fire or odbcr casualty shall have been caused by the Cuu|i or ocg|igcucc
of' the other party or ooynoc for vvhonu such party may be responsible. All insurance policies
procured byLandlord nrTenant that relate to the Premises xbu\| include uwaiver ofsubrogation
and u c|uuxr or endorsement to the effect that the foregoing rc|rosc shall not adversely affect or
impair such policies or prejudice the hgb1 of the releaser to recover \bcreuodcc
IW. NONWAUVEROF BREACH.
Neither the acceptance o[rent nor any other act oromission of Landlord cUany time or
(iouuu after the happening nfany event authorizing cancellation ocforfeiture ofthis Lease shall
operate as u waiver of any past or future violation, hreuch, or failure to keep or per[hnn any
oovcnuoL ug7ocnnenL icno or condition hereof, or to deprive Landlord of its right to ouucc| or
forfeit this Lromc, upon the notice required by law, at any time that cause for cuoou|\a1ion or
forfeiture rnuy exist, or be conmtrued on as to at any future time estop Landlord finou promptly
exercising any other option, right, or remedy that it may have under any term or provision of this
Lcuoc.
17. SUCCESSORS.
Sub icctk/ the provisions of this Louoc restricting assignment orsubletting, all covenants,
ugroenoon\o, terms and conditions contained in this Lease shall apply to and he binding upon
Landlord and Tenant and their respective successors and/or assigns.
18. GOVERNMENTAL FEES.
All [ecx doe the city, county orstate onaccount o[any inspection made on said Premises
by any officer thereof shall be ooki by Tenant. Any fee due any governmental entity arising out
ofor as a result of Tenant's business conducted on the Premises shall be paid by Tenant.
l#. LIENS.
Tenant shall not permit any liens to be filed against the Premises for work done, materials
furnished or obligations incurred by or on behalf ofTenant. Tcnaot covenants and agrees that
any liens filed against the Premises for work claimed to have been done for or materials claimed
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to have been furnished to, or obligations incurred by, Tenant, shall be discharged by Tenant, by
bond or otherwise, within thirty (30) days after the filing of such lien, at the sole cost and
expense of Tenant. Should Tenant fail to timely discharge any such lien, such failure shall
constitute a default herein. Landlord may, at Landlord's election, pay such claim or post a bond
or otherwise provide security to eliminate the lien as a claim against title and the cost thereof
shall bc immediately due from Tenant.
20. ASSIGNMENT, SUBLETTING OR SUBSTITUTION OF LESSEES.
20.01 Landlord's Consent Required. Tenant shall not voluntarily or by operation of
law assign, mortgage, sublet, or otherwise transfer or encumber this Lease or the Premises or all
or any part of Tenant's interest in this Lease or in the Premises, without Landlord's prior written
consent, which consent may be granted or withheld in Landlord's sole discretion.
20.02 No Release of Tenant. Regardless of Landlord's consent, no subletting or
assignment releases Tenant of its obligations or alters the primary liability of Tenant to pay the
rent and to perform all Tenant's other obligations under this Lease, except as specifically
provided herein. Acceptance of rent by Landlord from any other person is not a waiver of any
Lease provision. If any subtenant of Tenant defaults, Landlord may proceed directly against
Tenant without exhausting its remedies against the subtenant.
20.03 Landlord's Interest. Landlord may assign, encumber or dispose of all. or any
part of its interest in the Premises or this Lease without affecting this Lease or Tenant's
obligations. Tenant agrees to accept. and attorn to such transferee, provided that such transferee
has accepted, by written agreement, all of Landlord's responsibilities and obligations under this
Lease.
21. DAMAGE OR DESTRUCTION OF PREMISES.
If the Premises are damaged or destroyed in an amount exceeding twenty-five percent
(25%) of full replacement cost, by fire or any other cause, then at the option of either Landlord or
Tenant, which shall be exercised by notice in writing given to the other within thirty (30) days
after the occurrence of such damage or destruction, this Lease shall terminate as of the date of
such damage or destruction. If neither Landlord nor Tenant exercises the option to terminate the
Lease as provided herein, then Tenant shall promptly rebuild and restore the Premises to its pre-
existing condition unless it is mutually agreed in writing between Landlord and Tenant that the
Premises will not be rebuilt. Tenant acknowledges that Landlord has no responsibility to rebuild
or restore any damage or destruction of the Premises.
22, DEFAULTS; REMEDIES.
Tenant:
22.01 Defaults. Each of the following is a material default and breach of this Lease by
(a) Abandoning the Premises;
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(b) Failure to make any required rent or other payment within ten (10) days of
when due.
(c) Failure to comply with any of the covenants or provisions of this Lease,
other than those described in subparagraph (b), if the :failure continues for a period of thirty (30)
days after written notice from Landlord.
(d) Tenant's making any general assignment or arrangement for the benefit of
creditors; the filing by or against Tenant of a petition to have it adjudged a bankrupt or a petition
for reorganization or arrangement under any bankruptcy law (unless any petition filed against
Tenant is dismissed within sixty (60) days); the appointment of a trustee or receiver to take
possession of substantially all of Tenant's assets at the Premises or its interest in this Lease, if
possession is not restored to Tenant within thirty (30) days; or the attachment, execution or other
judicial seizure of substantially all of Tenant's assets at the Premises or its interest in this Lease,
if that. seizure is not discharged within thirty (30) days.
22.02 Remedies. Upon the occurrence of any material default or breach by Tenant,
Landlord may thereafter exercise any right and obtain any remedy available to it at law or in
equity including, without limit, the following remedies:
(a) Terminate the Lease and Tenant's right to possession of the Premises by any
lawful means and upon such notice as may be required hereunder and by law, in which case this
Lease shall terminate and Tenant shall surrender possession of the Premises to Landlord. In such
event Landlord shall be entitled to recover from Tenant all rent and other payments then due
hereunder, plus the present value at the time of award of (i) the amount by which the unpaid rent
due hereunder for the balance of the Lease term after the time of such award exceeds (ii) the
reasonable rental value of the Premises for the same period, reduced by a reasonable estimate of
costs, expenses, and commissions which will be incurred by Landlord to relet the Premises and
taking into account the time required for a re -letting of the Premises;
(b) Continue the Lease in effect whether or not Tenant shall have abandoned the
Premises. In such event Landlord shall be entitled to enforce all Landlord's rights and remedies
under this Lease, including the right to recover rent as it becomes due. In such event, Landlord
shall use reasonable diligence to relet the Premises. Any rental or other amounts realized by
Landlord from such reletting, after deducting all expenses incurred by Landlord to put the
Premises in tenantable condition and to obtain a new tenant shall be applied against amounts due
from Tenant hereunder.
22.03 Default by Landlord. Landlord is not in default unless Landlord fails to perform
obligations required of it herein, and such failure continues for more than thirty (30) days after
delivery of written notice by Tenant to Landlord and to the holder of any first mortgage or deed
of trust covering the Premises whose name and address has been furnished to Tenant in writing,
specifying Landlord's failures to perform its obligations, provided that if Landlord's obligation
reasonably requires more than thirty (30) days for performance or cure, Landlord is not in default
if it commences performance or cure within the 30-day period and thereafter diligently pursues
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its completion. Inthe event ofdefault hvLandlord, Tenant may pursue all remedies available to
it at law or in equity.
22,04 Pmvmoom1 of Rent. Notwithstanding anythingto the contrary herein, Tenant shall
not withhold the payment ofrcn1 for any purpose, including without hrni1uhon, for any claimed
offset ovdue inany dispute hereunder.
23. ESTOPPEL CERTIFICATES.
Tenant ahxU at any time upon ten (10) huaiucue duv* prior written notice from Landlord
execute, acknowledge and dohvcc to Landlord o sCu\onocot in writing (i)atating the
cononncoccrncnt date and certifying that this Lcunc iounmodified and in full force (or, stating the
nature ofany modification andcertifying that this Lcuun as modified, is in full force) andstating
the date to which the rent and other charges arc paid in advance, if any, and (h)acknowledging
that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord (or
mpcci6ing any dcfIu|1S claimed). This statement may be conclusively relied upon by any
prospective purchaser or encumbrancer of the Premises. Tcnuo1`y failure to deliver this
m(ateooeui within (cu (iU) hosincyy doYe may be considered by Landlord as u nnu\cdo| default by
Tenant Linder this Lease.
24. BROKER.
Tenant represents and warrants to Landlord that Tenant has had no dealings with any real
co|uto broker or ugcota in connection with the ocgndutiou of this Lease and it koov/x of no real
eotu1c broker oragent cnbdcd to uoornroiaoioo in connection with this Lease. Tenant agrees to
indemnify and hold hurmicna Landlord for any payment, iomo or liability resulting from Tc000t`x
breach ofthe foregoing representation and warranty.
25' SUBORDINATION.
Tbi» Lease, at Landlord's option, ubu\ be xuhoo6ouie in any ground lease, mortgage,
deed of trust, any other hypothecation for security or encumbrance upon the rcu| property of
vvbicb the Premises are u part and in any and all udvuooen zoudc on that security and to all
rcnevvu|m, modifications, oouaoUdu{iuoy, replacements and extensions 1hcrnn[ provided,
however, that the holder of any such security yhuU agree to recognize thc Lease in the event of
foreclosure solong uoTenant iynot iodefault. |fany mortgagee, trustee, orground lessor prefers
to have this Lcumo prior to the |ioo of its mortgage, deed of trust or ground lease, and gives
written notice to Tenant, this Lease shall be prior to that nnonLgogc, deed of trust, or ground |cuac,
whether this L.cuoe is dated prior or subsequent to the date of the mortgage, deed of trust or
gTnood lease or its recording date. Tenant will execute any documents required to effectuate
aohordiouUon or to make this Lease prior to any mortgage, deed of trust or ground lease, as
provided in the preceding paragraph, within ton (10) hnxiueuy days after Landlord's written
,cqunyc.
9
2d^ SURRENDER.
Tcoao1 agrees that at the cspbuhon of this Lease it will quit and surrender said yn:rniaes
without notice, in uocu1 and clean condition, and in u condition at icuei as good as when Ubc
Premises were |ouucd, nonna| wear and tear and damage hvthe elements not resulting tinin any
act or ucg|cci of' Tenant cxrcp\cd, and will deliver up all keys belonging in said PrcooiacV to
27. GENERAL PROVISIONS.
27,01 Snvwrubdity, The invalidity of any provision of this icume as determined by x
court of competent jurisdiction will not affect tile validity of any other provision.
27.02 Time of Essence. Time imofthe essence ofthis Lease.
27.0K3 Notices. Any noticegiven under this Lcuoc ohuU he in writingand may he given
by personal delivery, hvovernight courier, mrbycertified mail, cokucn recelpt requested, postage
pzcpuid, addressed to Tu000l o/ to Landlord at Uzcb uddcoaxcs set forth above their signatures
below, and shall be effective when received. Notices pernooa|h/ delivered or delivered by
overnight courier are considered received upon delivery. Mailed notices are considered received
five (5)days after deposit hnthe mail cvsuch other courier. Either party may hvnotice uudcrthis
section change � address for notice purposes. & copy ofall notices given to Landlord mbol| be
concurrently transmitted to any person designated in writing by Landlord.
27.04 Waiver. Waiver byLandlord o[the breach ofany provision of this Lease ionot u
waiver of any ouhueqoeni breach by Tcoun\ of the yumc or any other provision. Luodk/nd`m
consent to or approval of any act doe* not make Landlord's consent to or approval of any
subsequent act unnecessary. Acceptance ofrent hyLandlord ianot owaiver of' any preceding
breach of any provision of this Lease, other than Tenant's failure to pay the rent so accepted.
27.05 "olding Over By Tenant.
(u) This Lease ubnl| tenniuuLu without further notice at the expiration of the
Lease Term, as the moozc may be extended under Section 3.02. Any bolding over by Tenant
without the express v/rd|cn consent of Landlord shall not constitute the renewal orextension of
this [ouao or give Tenant any dGb1e in or to the Premises. In the cvco1 Of Such o holding over by
TcumoL without the express v/dttco consent of Landlord, the monthly Base Rent to be paid by
Tenant shall be equal to one hundred UUv percent (150110) of the monthly 8usc Kcu1, provided,
hov/cver, no payment ofauob unoonni byTenant shall bcdeemed to extend orrenew the Lease
Term, and such unnouniy are fixed by Landlord only to co\nhlixb the amount of liability for
payment ofrent uo the part of Tenant during such period ofholding over. In the event Landlord
shall give its express written consent to Tenant occupying the Premises beyond the expiration of
the Lcumc Teon, such ncoopuncy shall be construed to be a tenancy for noouib-to'cunn{b on all the
munoc \cnno and conditions as nc{ fbnLb bczcio un|cym modified by Landlord in such written
consent, insofar as they are applicable {o u nuootb-io-ruootbicouocy.
10
(h) If Tenant fails to son -ender the Premises upon the tcnninuhon of this
Lease, Tunuu{ xbmU iodennzi6/ and hold burou|cau Landlord from |ouu or liability resulting frono
sucb failure including, n/iUzmo( Uoddng the generality of the foregoing, any ok/ima made by any
succeeding tenant arising out Of auch failure and any fees and costs incunrd by Landlord
(Including attorneys' fees and costs).
27.06 Covenants and Conditions. Each provision of this Lease which is performable
by Landlord orTenant is both a covenant and a condition.
27.07 Authority. If Tenant imacorporation, limited liability company, orother business
entity, Tenant rcp,caro10 and warrants to Landlord as follows: (a) Tenant is duly organized and
validly existing under the laws of the State of Washington, and is duly authorized to conduct its
husiocxo iu the state of Washington; b) no consent or approval of any other person is necessary
for tile effectiveness of Tenant's obligations Linder this Lease, and (c) Tenant has all the requisite
right, power, and authority to enter into this Lease and to perform all ofits obligations hereunder.
27.00 Attorneys Fees. If legal action is necessary to enforce ucinterpret this Lease, the
prevailing party in much litigation mbuU be entitled to be reimbursed by the n1bcr party for
nzaxoouh|c attorney fees, litigation expenses, and statutory costs as awarded by the court. Such
fees, costs and expcuacv ahuU include those incurred in the enforcement and collection of any
judgment, the litigation of any right Linder bankruptcy law, and any appeal frorn any proceeding.
27.09 Signs. Tenant may not place any new Signs upon the Premises without Landlord's
pv/n« wohieo consent, which may granted or in Landlord'a sole discretion. 1-andlord
shall not ob�ject to existing signs.
27.10 Qobd Pooy*oxiom, Upon paying ibcroutnndohscryand performing all o[its
covenants and conditions, Tenant shall have quiet possession ofthe Premises for the entire Lease
Tono Suhicc\|o all n[the provisions of this Lcoac.
27'II Rules and Regulations. Upon receipt ofuoopyo[tbcsnme,Teuunt*iUuhidchy
all rzu*nnub|c rules and regulations which Landlord may make from time to time for the
roonugcnonnL safety, con:, and u|eun|iocsn of the Premises and grounds, the parking of vehicles
and the preservation of good order.
27.12 Relationship of Pur1ixo0.iahhKity. For the purposes of this Lcuxo, the
relationship of the parties hereto is strictly that of landlord and tenant. Nothing bcrein mbnU be
construed au as to nrco1e a partnership, Jointvcoturc, or agency. Neither party hereto abuU be
|inh|c for the debts and obligations of the other.
27.13 Personal Property. Except as set forth inthis Lcuse. Landlord has no interest in
any personal property, cquipnncni, funni{urc, or fixtures installed hyTenant upon the |ronziocx.
Landlord will furnish Tcoant, upon request, any |uud|ond`a waiver or similar document
reasonably required hyuoinstitutional lender orequipment lessor in connection with Tenant's
acquisition or financing of its personal property.
I
27.14 ]Lmod|wnd`y Liability. Notwithstanding anything in this Lcuyc to the contrary,
covenants, undertakings and ugrnen-iouiy bcrcio made on the part of Landlord in this Lcnuo are
ruudc and intended not as personal covenants, undertakings and ugrccrocots for the purpose of
binding Landlord personally or the assets of Landlord (except Landlord's interest in the
Premises), but are nnudc and io1codcd for the purpose of binding only the Landlord's io1cromt in
the Premises, as the same may from time to time be cncocnhurcd. No personal liability or
personal rcopouvihUky is assumed by Landlord, nor shall at any time be asserted ozenforceable
uguiuei Landlord or its heirs, |cgn| representatives, successors or assigns on account of the i000c
or on account of any covenant, undertaking or agreement of Landlord in this Lease.
27,15 Exhibits. Any exhibits referenced herein u,attached bcn10 are incorporated as u
part of this Lease.
27,15 Governing Law. The validity of' this Lease, the iuLoqprciuhoo of the rights and
dohcm of' the parties hereunder and the construction of the terms hereof shall he governed in
accordance with the irtcnnu| laws of the State of Washington. Venue in the event ofany dispute
shall be King County, Washington.
In witness whereof, the parties have executed this Lease the date set forth above.
12
CITY OF TUKWILA, a qj�uruclpal corporation Notice Address:
By: C'-
Nxn/c: Allan Ekberg
Title: Mayor
Approved ueNform:
B}:''
City Attorney
STATEO[WASBlNGTON )
>ms.
COUNTY OF KING )
City o[Tukwila
Attn: City Clerk
62OO8nuthoouterBlvd.
Tukwila, WA9N|88
| HEREBY CERTIFY that oothis 7. (ZL of 2010,befox mc,Ue
undersigned, u notary public in and for the State of Washington, duly commissioned and sworn,
personally appeared Allan Ekberg, 1nnoeknown iobe the Mayor o[the CITY [}FTOl{WDLA,u
Washington non -charter optional municipal code city` the municipal code city that executed the
within and foregoing inyU'ooncn\, and acknowledged the said instrument to be the O-cc and
voluntary act and dccd of said nronicu| code city for the uses and purposes therein mentioned,
and on oath stated that he or she was authorized to execute said instrument on behalf ofsaid
Municipal code city.
WITNESS my hand and official seal the day and year certificate first above written.
�
Residing at —i—l- /4'A'`My appointment expires 1 4-
-
13
\UC,Uw`--
rinT Nbozn)
"Tenant"
Bayview Motor Club, LLC Notice Address:
/
[Tenant's Acknowledge — Bayview Motor Club, LLC]
STATE OF WASEHNGToN
) ss.
COUNTY OF KING
I certify that 1 know or have satisfactory evidence that,, / / is the person
who appeared before me, and said person acknowledged that s/he signed this instrument, on oath
stated that s/he was authorized to execute the instrument and acknowledged it as the
of , , to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
Dated this day of 7. ,
Notary Public for Washington
(Printed or Stamped Name of Notary)
Residing at.
My appointment expires:
14
EXHIBIT A
LEGAL DESCRIPTION OF ENTIRE PROPERTY
(Tenant's Lease Portion is not the entire property)
Per King County Department of Assessments:
ADAMS HOME IRS 1ST ADD POR LOTS 1 & 4 DAF - BEG AT SW COR SD LOT 1
TH N 04-36-00 VV ALG W LN SD LOT 1 DIST 116.36 FT TH S 88-01-58 E 87,09 FT
TO TPOB TH CONT S 88-01-58 E 103.83 FT TH N 01-05-55 E 36,00 FT TH S 88-01-
58 E '76.10 FT TO MOST VVLY COR OF TRACT CONV TO DONALD R HENKLE ET
UX BY DEED REC UNDER #8709101107 TH N 20-11-38 E 90.54 FT TO MOST VVLY
NLY COR SD HENKLE TRACT SD COR BEING A PT ON LN PLVV & 10 FT S OF N LN
SD BLK 4 VVHICH IS 113 17 FT VV MEAS ALG SD LN FR NLY PROLONGATION OF
VVLY LN OF PACIFIC HWY S TH WLY ALG SD LN PLVV & 10 FT S OF N LN SD BLK
4 TAP BRG N 01-26-02 E FR TPOB TH TH S 01-26-02 W '122 FT TO TPOB - AS PER
KING CO LOT LN ADJUSTMENT NO 8610026 APPROVED 02 DEC 1986
16
EXHIBIT B MAP OF TENANT'S LEASE AREA
9/11/2018, 3:53:23 PM
Areas 0 City Limits Addresses (Tukwila)
ED Override 1 1:7:1 Buildings 1,J Parcels
Override 2
0
0
Pictometiy International C