HomeMy WebLinkAbout18-185 - Bayview Motor Club - Commercial Lease Agreement for Salama Business Center18-185
Council Approval 4/28/18
COMMERCIAL LEASE
CITY OF TUKWILA, LANDLORD
BAYVIEW MOTOR CLUB, LLC, TENANT
September 7, 2018
COMMERCIAL LEASE
CITY OF TUKWILA TO BAYVIEW MOTOR CLUB, L C
TABLE OF CONTENTS
Page
1. GRANT 1
2. PERMITTED USE 1
3, TERM, 1
4. RENT. 1
5. SECURITY DEPOSIT 2
6. ALTERATIONS AND IMPROVEMENTS, 2
7. REPAIRS AND MAINTENANCE 2
8. OPERATING EXPENSES 3
9. UTILITIES AND SERVICES 3
10. USE OF PREMISES. 3
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
18. GOVERNMENTAL FEES. 6
19. LIENS 6
20. ASSIGNMENT, SUBLETTING OR SUBSTITUTION OF LESSFES. 7
71. 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 BUILDING AND TENANT'S LEASE AREA 17
COMMERCIAL, LEASE
CITY OF T0KWKLA TO WIRELESS CITY
This Lease ismade this | day oFSupxcnnbcr,28}8,hvand between the City ofTukwila, u
municipal corporation operating under the laws of the State of Washington as a non -charter code
city ("Landlord"), and Bayv1cw Motor Club, LLC ("Tenant").
Landlord and Tenant agree aafollows:
Landlord leases to Tenant and Tenant leases from Landlord that real property located at
15001 Tukwila International Blvd, in Tukwila, Washington, and legally described on Exhibit A
attached hereto (hereafter called the ^Premiscx).
%' PERMITTED USE.
Tenant shall use the Premises only oaulot and offioefor auto sales and for ooother use
or purpose v/idzou{ the prior `vht1cn consent of Landlord. Tenant is already in possession of -the
Prernixcx, is familiar with the Pronnimc* and acknowledges that the Premises are suitable for
Tenant's use. Tenant shall have the right tononexclusive use ofthe mutual use parking area on
the premises with other tenants o[the Landlord.
3,0I Term. The tcon of this Lcuac ("Lease Term") pbuU commence on the
Commencement Date, and ohnU icnninutc on -Mu,cb 31, 2019, unless tcnnbnu\ed sooner pursuant
to this Lcuxo. "Commencement Date" nocuno the later of: (u) the date that this Lease has been
executed, acknowledged and delivered by each of Landlord and Tenant; and (h) the date that
Landlord has acquired d\|e to the Property. Tenant may terminate the lease by providing the
Landlord |5-dayuwritten notice.
4'8I Payment of Rent. Tenant covenants to pay to Landlord the anzount of$5O0.OU,
inadvance onthe first day oFeach month o[the Lease Term, Rent eboU hcpaid toLandlord ut
6Z0OSou1hocu1orB|vd.,Attn: 8RAN[)()NMILES, Tukwila, Washington q8\88,ncaisuch other
address as Landlord nboU specify from donc to tirnc. Rent obn|| hcpaid bypersonal, huoiocxa or
cashier's check; no cash shall be accepted. Keo\ sbu|| be prorated for any portion of nnuntb in
the event this Lease shall begin orend nnudate other than the first orlast day ofumonth.
4,03 Additional RumL Tcouoi yboU also pay as additional cco1 the payments ronoircJ
4,04 Late Cburges, Late payment byTenant o{rent and other sums due will cause
Landlord to iucur costs not contemplated by this Lease, the exact anznuol of which will be
extremely difficult io uoocn|uin. The costs include, but are not limited to, processing, accounting
and administrative charges. Accordingly, if any inxia\|ruen\ of rent or any other sono duo from
Tenant is not received byLandlord or its designee vviLbiu \co (|O) days after the unnnoni is due,
Tenant shall pay ioLandlord olate charge equal iofive percent (5Y6)of1booverdue amount. The
parties agree that this iuto charge represents u fair and reasonable cxiinoo\r of" the coats I.aod|ncd
Will iouur by reason of the |uio payment by ToouuL Acceptance of |uto charge by [uod\nrd is
not u nvuivcr of Tenant's dctsu|1, nor u waiver of greater charges which may be incurred by
Landlord.
5. SECURITY DEPOSIT.
Tenant mhoU dcnoad with Landlord on amount equal to one cnonib`s rent, the sum o[
FIVE HL)N[)REL) and No/100 Dollars (5500.00) to be kept (along with any iobrcxi earned
thereon) by Landlord as security for Tenant's pczforulunoe of' all of the tcmoa, covenants and
conditions ofthis Lease that Tenant iatopor8000hereunder. luthe event ofudefault byTenant
under this Lcuao which is not cured as provided herein, Landlord may use, apply orretain all or
Such part of\bixsecurity deposit ueixnecessary iocure any such default.
6. ALTERATIONS AND IMPROVEMENTS.
0.01 Remodeling Ummprnvcrnumtm and Other AJteru6pmn` Tenant obuU make no
remodeling inup,ovcnzcn1a, alterations, hzm(nUo1ious, removals, additions or other ionpruvcooen(a
in or to the Premises without Landlord's prior written consent. The Lundlnni`a ydnr consent
mbo1| not be required i[lbc total cos( of the remodeling improvement, alteration, ionkdlution,
rcnoovui addition or other improvement is |caa than One Thousand [)nUms ($1,000.00). All
comta Of' Such work oho\| be Tenant's sole responsibility and will not be reimbursed for any
reason. Tenant ohuU perfocno all activities referred to in this section in compliance with all
applicable govunurnonin| |uvvs` onJinuncea, codes, and regulations. Upon the (cnnioubonnfthis
Lease, fee ihb to all improvements then located upon the Premises abu| pass to and vest in
6,02 Removal ofFixtures/Personal Property. AJthe termination o,expiration ofthis
Lease, Tenant agrees to rconove all personal property and trade fixtures. Any personal property
or fixtures left behind after the termination o[this lease will be removed and disposed ufbythe
Landlord.
7. REPAIRS AND MAINTENANCE.
]eouu1 |cuxox the Prcruiuuy in "as -is" and "where iu" condition and, at its expense, will
keep all aspects Of the Premises ionco\ clean, and iuusanitary condition, and will replace any
glass of windows and doors which may become cracked or broken, and, except for acts of God,
reasonable wear and tear and damage by fire, will at all \inoco pncae,vc aaidPrcniiycs in as good
repair as they are now ormay hereafter hcput. Tenant shall couio1aio and repair the Premises, and
Tcnuoi agrees to keep the parking lots and uroua and sidovvu|kx adjacent to the front and rear of
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the Premises oicun and free of debris and obstructions. Tenant ehuU pickup any trash o,debris
on the yucroisca, parkinglot, or xJ\oocut oidc*o\ka at )oont ouoc doj|y. Tenant aboJ\ make all
repairs and ropluccnncuto for the proper maintenance and operation of the Premises. Icuun1
acknowledges that Landlord uhuU have no responsibility to maintain, repair, ocsinrc or replace
any portion of the Pnccoimcy orany buildings or structures located thereon.
In the alternative, Tenant may choose oz terminate the lease upon |5'doyy` written notice
instead of inaking any sochrepairs except when such repairs are necessary to be made within
fifteen days to protect the life and safety of the occuyuo10 and the ouh|ic, in n/bicb cuoc the
Icuao|may choose k`terminate the |cusc immediately.
0, OPERATING EXPENSES.
In addition to 8uxu Rent, Tenant will pay directly, or to Landlord as additional rent at
Landlord's option, all operating, repair and maintenance costs and expenses (the "Operating
Expenses") of' the Premises. Operating Rxncuxoy are all costs puk1 or incurred by Landlord in
connection with the operation and cnoiutcuuuoc of the Yrcouisua, dc|cu/incd by standard
accounting and property management practices, bzc1udbno without limitation: v,nlcr and ncwc,
repair charges; interior painting, ccpuiz and maintenance of buildings and improvements; 1{YAC
nnuhntenanocmnd repair; all insurance premiums; all utilities charges and taxes; window cleaning;
uoov. trash, or debris rcuovu/� gardening and �000cup� ou/ntc0000c` 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, safety and v/clfbro of the occupants and the nnhUc. Landlord
shall provide Tenant with seven (7�) days written notice prior to expending any funds for repair
and cuuiotnoaoco cnyiu and expenses. Notice shall include udescription ufthe necessary repair
and nnuio|unuocc activity and the estimated cost. In response to the notice, Tenant may either (\)
remit payment to the Landlord for such costs or(2) rbooxo to ioominuic the 1euuc by providing
|5-duym' written notice in which case the )uuye shall terminate and Tenant shall not brobligated
to pay for identified expense. When such nrpuim are necessary 10protect the life and safety ofthe
occupants and the public, the provision in the last paragraph of preceding section shall apply.
9. UTILITIES AND SERVICES'
Tenant agrees Wpay for, when due, all water, storm, sewer, heat, gas, electricity, garbage
collection and all other utility services consumed or used at the Premises during the Lease Term.
Tenant uhuU be responsible for contracting directly for all utilities, and for the collection of its
garbage from the Premises. Tenant agrees inpay, when due, all interest, peuokies, late -payment,
cancellation orother changes arising out oforn:|u|in toTenant's use of, and termination of, all
such services.
10. USE OF PREMISES.
The Premises shall m1all times bckept and used in accordance with the laws ofthe 8tu<c
of Washington and the rules, regulations, orders, and directive of the State of Washington, King
County, and the City of Tukwila having jurisdiction over said Premises and in accordance with
all directives, rules and rcguiudooe ofdlc bru|dh officer, O,c marshal, buildinginspector or other
�nYn�of�dokofibc3{utoof\�unhi City ofTukwila, o1the expense
of Tenant. Tenant will pernilt no waste, darnage, or iqJury to the Premises.
11' LEASEHOLD EXCISE TAX; PERSONAL PROPERTY TAXES.
11,01 |LcmoxhmYd Excise Tax. Tenant xhuU pay to Landlord as additional rent, together
with each payment of monthly Buac l(cn1 the leasehold excise ius in the amount of 12.04% of
the monthly Base Rent payment.
11,02 Personal Property Tuson. All taxes levied or assessed directly against Tenant or
its bos(ocs* o, property, including inc0000, business and occupation <uxcs` and use taxes on
Tenant's personal property, shall hupaid byTenant.
12' OKJ0 MATERIALS.
12.02 Indemnification. Neither Landlord nor any agent oremployee ofLandlord shall
be \iuh|u for damage to property orinjury <o persons sustained byTenant u,others resulting from
any act ororuinmiou other than the gross ucg|igcnuc or willful misconduct ofLandlord orits
agents uremployees.
During the Lease Term, Tenant agrees to indemnify and hold hazudennLandlord from all
claims, actions, causes ofaction, odomeotn,liabilities, expenses, costs and reasonable uttorncyx`
iccoand from all limitations, restraints, penalties or obligations pertaining \oLandlord arising out
of any act, ondssinu, or neglect in connection with Teuuu\'* (including Tenuoi`m employees,
agents, officers, licensees, invitees or other occupants of the Premises) (1) use or occupancy of
the yrernixcu, (2)condnci of its business, or (3)dc(bu|l under o/ breach of this Lease, except
where such iyaresult ofthe gross negligence nrwillful misconduct nfLandlord, o,its agents or
employees. This indemnity nbuO survive the tcnmboa1kn of this Lease as to any act alleged to
have occurred during the Lease Term, and sbuU nun/ive until the expiration of the applicable
statute oflimitations.
12,02 Hazardous Materials. Tenant shall not dispose o[uootherwise allow the release
of any hazardous waste or materials in, on orunder the Premises, orany adjacent property, or in
any improvements placed on the Premises. Tenant rcprcxcutu and vrurruotx to Landlord that
Tenant's use of the Premises does not involve the use, production, disposal ocbringing on to the
yrcnoisua of any hazardous v/uetc or muicriu|a. As used herein, the icnn "hazardous vvaaic or
ruatcdn|s" includes any substance, waste nrmaterial defined ordesignated ux hazardous, toxic or
dangerous (or any similar term) byany federal, state or local aiu\utc, regulation, rule or ordinance
now orhereafter io effect, and sboU include all {omox ofvvuote/dcbdo generated hyTenant's use
of the Premises. Tenant mbuU comply at all times with all statutes, regulations and ordinances,
and with a{| orders, decrees or judgments of govemmental authorities or conrtu having og
,jurisdiction, relating to the use, collection, |rcoto\cu\, disposal, storage, control, removal or
cleanup of hazardous v/umte ocnintoriuls in, on orunder the Premises or any adjacent property, or
incorporation in any 1111provunncn1s, at Tenant's un|u expense.
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After notice to Tenant and a reasonable opportunity for Tenant to effect such compliance,
Landlord may, but isnot obligated to, ouicr upon the Premises and take such uch'oua and /000z
Such costs and expenses to effect Such compliance as hdccrneadvisable toprotect its interest in
the Prernisou, provided, however, that Landlord uhuU not he obligated to give Tenant notice and
muopportunity io effect such oonopiionuo i[(I)such delay might result iomaterial advcrmcbunn
to Landlord or the Pn:nnixua, (2) Icnuo1 has already had actual knov/|cJuc of the situation and u
rcuanoub|c opportunity to effect such compliance, or (3)uu emergency exists. Whether or not
Tenant has actual knowledge of the rc\euun of hazardous vvuxtc or materials on the Pncnoimeu or
any adjacent property as the result of' Tenant's use of the Prcooiucw, Tenant sbxU coi|nhorsc
Landlord for the full ucnnuu\ of all rnnis and expenses incurred hyLandlord in connection with
such compliance activities, and such obligation shall continue even after the iconiuydon of this
Lease. Tenant shall notify Landlord irnnucdiutc|y of any rdcaac of any hazardous vvumtc or
nuu1cdn)o on the Premises.
Tenant ahu|| indemnify and hold Landlord harmless against any and all |oaoco, \iuhi|hicx,
suits, obligations, fiooa,dacoagca, judgments,penalties, claims, charges, cleanup costs, remedial
actions, costs and expenses (including, without Unnituboo, mttococy»` fees and disbursements)
which may be imposed on, incurred orpaid by, ovasserted against Landlord cxthe Premises by
reason of, or in connection with ( I ) any misrepresentation, breach of warranty or other default by
Tenant under this paragraph, or (2)thr acts or omissions of Tenant, or any subtenant or other
person fbr vvbono Tenant would otherwise he |iuh)c, ormoking in the release of any hazardous
p/oatc or rno\eriu|s or the violation of any |ovv, rule, regulation or order pertaining to hazardous
vvax(c or rnotohu}s.
Landlord shall indemnify and hold Tenant harmless againstuuyondul| losses, liabilities,
muiLx, obligations, fines, damages, judgments, penalties, claims, charges, cleanup costs, remedial
actions, costs and expcuaom (Including, v/idbou1 |hoiiuhuo, attorneys' fccu and disbursements)
which may be imposed on, inconrd orpaid by, OF asserted againstTeount in connection with the
o:)cuuc o[any hazardous vvuuie or materials or the violation ofany law, rule, regulation ocorder
pertaining to hazardous waste or materials related to actions outside of Tenant's control.
13. INSURANCE.
During the Lease Term, Tcouo1 obuU kccn in full force and effect, at its mo|o cost and
expense, o policy or policies of liability insurance for property duozugc and bodily i ury, with
nninhnuno coverage unoouo\x of $1,000,000 per occurrence vvitbbo or about the Premises. Each
such policy pho|L (a) nornc Landlord as an additional insured; (b}bu written as primary policies
not contributing with and not in csccmu of coverage that Landlord may carry; (c)contun an
endorsement providing that such insurance may not be cancelled with respect to Landlord except
after 3Odays' prior written notice from insurance company toLandlord (|Odays for nonpayment
o[prccniocn),and (d) be written by insurance companies having a A.M. Best's rating of "A- VlF
or better.
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14' ACCESS.
Upon reasonable advance notice, Landlord and its agents have the right to eoicc the
Premises at rcu*onoh)o 1hney for the purpose of inspecting them, showing [bcnn to prospective
purchasers, lenders, or \csacca, and making necessary or desirable alterations, nrpoira`
improvements or additions to the 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 ncicaoc each other from any and all liability or responsibility
(to the other manyone claiming through munder the other hvway o[subrogation or otherwise)
for any loss ocduonugc to rcui or personal property on the P/eudxeo caused by fire or any odbc,
insured podL ovou if such fino or other uosuu|\Y shall have been ouuncd by the fault or negligence
of the other party or uoynuu for whom such party may be responsible. All insurance policies
procured by Landlord or Tenant that /ciuic to the Prcruixua obu!| include u waiver of subrogation
and e clause or endorsement to the effect that the foregoing release shall not adversely affect or
impair such policies orprejudice the right o[the releaser \o recover thereunder.
16. NONWAIVER OF BREACH.
Neither the acceptance o[rent nor any other act momission n[Landlord at any time or
hnnou after the happening ofany event authorizing cancellation orforfeiture ufthis Lease ahuU
operate as u waiver of any past or future viw|udon, breach, or failure to keep or perform any
covenant, agreement, term or condition boren[ or to deprive Landlord of its right 0ocancel or
forfeit this Lease, upon the notice required by kxw, at any time that cause for cancellation or
forfeiture may exist, or be construed so as to at any [o1urc time estop Landlord from promptly
exercising any other option, right, or remedy that it may have under any terin or provision of this
Lease.
17. SUCCESSORS.
Subject to the provisions of this Lease restricting assignment orsubletting, all covenants,
ogrconeoiu, kcomu and conditions contained in this Lease shall apply to and bebinding upon
1, andlord and Tenant and their respective Successors and/or assigns.
18. GOVERNMENTAL FEES,
All fees due the city, county orstate onaccount o[any inspection made onsaid Premises
by any officer thereof shall be paid by Tenant. Any fee due any governmental entity arising out
ofor as a result ofTcnant's business conducted on the Premises shall be paid by Tenant.
19. 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. Tenant covenants and agrees that
any liens D|cd against the Premises for work c|uirnedto have been done for ormaterials claimed
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to have been furnished to, or obligations incurred by, Tenant, shall bmdischarged hyTenant, by
bond or otherwise, vvdbio thirty (30) days after the tiling Of Such lien, at the eob: cost and
expense of Tenant. Should Tcnou\ fail to timely discharge any such hen, such failure xhn|
constitute u default herein. Landlord may, at Landlord's election, pay such duirn or post u bond
or otherwise provide security to eUnokzutc the lien as o o\uizu against title and the cost thereof
shall be Immediately due from Tenant.
20. ASSIGNMENT, SUBLETTING OR SUBSTITUTION OF LESSEES,
20.02 K.amdlumd,m Consent Required. Tcunn{ shall not voluntarily orhyoperation of
lovv assign, mortgage, sublet, or otherwise transfer orencumber this Lease of- the Premises or all
nrany part ofTenant 'a interest in this Lcnuc or in the Premises, v/iibou1 Landlord's prior written
conycn1, which consent may hc granted or withheld in Landlord's sole discretion.
20.02 No Release of l[cmant Regardless of Landlord's consent, no sublettingor
uxoi�n/n�nt rolcuucm Tcnuut nf ks ub|i ions o, oJto,a the primary |iohiUiy of Tenant in pay the
rent and to perform all Tenant's other obligations under this Lease, except as specifically
provided herein. Aouep\uo�� of rent by Landlord from any other person is notwaiveraof any
Lcuxc provision. If any aubitoun/ of Tenant defaults, Luud|uoJ may proceed directly against
Tenant without exhausting its remedies against the subtenant.
20'03 K~umd6wnd'm KmAcrxyL Landlord may assign, encumber or dispose of all or any
part of its interest in the Premises or this Lcuoc without affecting this Lease or Tenant's
obligations. Tenant agrees toaccept and uUorn to such transferee, provided that such transferee
has accepted, by v/riMuu u8rccrnco1, all of Landlord's responsibilities and obligations under this
Lcuuc
21. DAMAGE OR DESTRUCTION OF PREMISES.
I[dbc Premises are damaged or destroyed in an amount exceeding twenty-five perocrk
(25%) of full replacement cost, by fire or any other cause, then at the option of either Landlord or
Tenant, which obu|| be exercised by notice in vnihng given to the other within thirty (30) days
after the occurrence Of nucb danoagc or destruction, this Lconc shall Lrrnzino(e as of the date of
such damage or destruction. If neither Landlord nor Tenant uxuroiaou the option to tczndo/Ae the
Lcuxo as provided herein, then Tenant shall promptly rebuild and restore the Prcroiocu to its pre-
existing condition oo|eus it is onutuaUyu&-rced in writing between Landlord and Tenant that the
Premises will not borebuilt. Tenant acknowledges that Landlord has uo responsibility to rebuild
or restore any damage or destruction of the Prermses.
22. DEFAULTS; REMEDIES.
22,01 Dofumbx, Each of the following in o material dc[uuk and breach of this Lease by
(o) Abandoning the Premises;
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(b) Failure tumake any required rent orother po}mncu1within ten (l[) days mf
when due.
M 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 period of thirty (30)
days after written notice frorn Landlord.
(d) Tenant's making any general assignment marrangement for the benefit of
creditors; the filing hvoragainst Tenant o[opetition tohave j{adjudged a bankrupt orapetition
for reorganization orarrangement under any bankruptcy law (unless anypetition filed against
Tcoxn| in dismissed within sixty (60} days); the appointment of u trustee or receiver to take
[euhm�ur�Uv U [T�ouo�` t u[ \b� Premises h interest � Ud L�ma �[
possession of muu�_-_' o o Tenant's assets acaor/a/n y o, /
pnsmcnaiou is not restored to Tenant within thirty (30)days; or the uttachnocnL execution or other
uJicinl seizure o[substantially all of Tenant's assets at the Prcndxca or its Interest in this Lcuxc,
i[[hu1 seizure i* not discharged within thirty (]C) days.
22,02 Rzmuxdioo, lJpuu the occurrence of any ozutedu1 default or b,curb by Tzaoot.
Landlord maythereafter exercise any right and obtain any remedy available {mitn\law min
equity including, without brnh, the following remedies:
(u) Terminate the Lcuuc and Tenant's right to possession of the Premises by any
luwful rneunu and upon such notice as may be required hereunder and by law, in which cnxc this
Lease shall terminate and Tenant shall surrender possession of the Premises to Landlord. In such
event Lood\onl yhuU be euih|cd to recover from Tenant all rcui 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 bercoodc, for the balance of the Lease tcno after the time of such uvvord exceeds (ii)thc
rcusooah|c rental vu|nc of the Premises for the surnc period, reduced byureasonable cshnnuicof
costs, expenses, and cunnnniuuiouu which will be incurred by Landlord to rc|ci the yrcnoiacs and
taking into account the time required for a re -letting of the Premises;
(b) Continue the Lease in effect whether mnot Tenant shall have abandoned the
Premises. losuch event Landlord shall bcentitled to enforce all Landlord's rights and remedies
under this Lease, including the right to recover rent ua it becomes due. In socb event, Landlord
shall use ccomonob\c diligence to nc|c\ the Premises. Any reu\u| or other amounts ocu|izcd by
Landlord from such ncleUiog, after dcJoo\iog all expenses incurred by Landlord to put the
Premises in tenantable condition and to obtain a new tenant shall be applied against amounts due
frorn Tenant hereunder.
22'03 Default by Landlord. Landlord is not in default unless Landlord fails to perform
obligations required o[itherein, and such failure continues for more than thirty (3[)days after
delivery of written notice by Tenant to Landlord and to the holder of any first mortgage or deed
o[trust covering the Premises whose name and address has been furnished to Tenant in writing,
specifying Landlord's failures to perform its obUgudoue` provided that if Landlord's obligation
reasonably requires more than thirty (30) days forperfbn-nuooc or cure, iood]urd is not in default
ifit cnconocncmo performance or cure within the 30-doy period and thereafter diligently pursues
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its completion. Iothe event ofdefault hv Landlord, Tenant cuaypursue all remedies available bu
it at law or in equity.
22.04 Payment nfRent. Notwithstanding anything(n the contrary herein, Tenant shall
not withhold the payment of rent for any purposc, including without limitation, for any claimed
offset nrdue ioany dispute hereunder.
23. ESTOPPEL CERTIFICATES.
Tcoon1 nhuU at any time upon (uu (1O) huaiocww J»v* priorvaiKco notice from Landlord
execute, acknowledge and deliver to Landlord u statement in writing (1)skting the
uznnouonc000en\ date and certifying that this Lease is unmodified and in hd\ force (or, stating the
nature of any modification and certifying that this Lease, as modified, is in OU| force) and stating
the date to which the rent and other charges are paid in advance, if any, and (ii} acknowledging
that Ahc,o arc not, to Teoyn\`o knowledge, any uncured defaults on the part of Landlord (or
specifying any defaults claimed). This statement may be onndnmivc}y relied upon by any
h b nzhraucnc of Lbc �,�coisrx Tcnuot`o failure to deliver this
pnoapc�'vc purchaser or cu,n �
statement within ten (10) business days may be considered by Landlord as a material default by
Tenant under this Lease.
24. BROKER.
Tenant represents and warrants to Landlord that Tenant has had no dealings with any real
estate broker uragents in connection with the negotiation ofthis Lease and i(knows ofuoreal
catu1e broker ozagent codded to aconnnzimxiou in connection with this Lease. Tenant agrees to
indemnify and hold huon|cxa Landlord for any payment, loss or liability resulting from Tcuuot`o
breach ofthe foregoing representation and warranty.
25. SUBORDINATION.
This [ease, at Landlord's option, shall be subordinate to any ground ]eosc` mortgage,
deed of trust, any other b}1`othccu1ioo for security or cncurobruooc upon the rcu| property of
which the Prcooixca are u part and to any and all advances noude on that security and to all
renewals, modifications, consolidations, ccplucenneuia and extensions thereof, provided,
however, that the holder ofany such security shall agree torecognize the Lcoxc in the event of
foreclosure no long as Tcouo\ is not in default. If any mortgagee, trustee, or ground |cyuor prefers
to have this Lcuyc prior to the |ico of its mortgage, deed of trust or ground lease, and gives
written notice to Tenant, this Lease shall be prior to that mortgage, deed of trust, or ground \couc,
vvbeihcr this Lease is dated prior or oobmoqueu1 to the duic of the ruontgugc` deed of trust or
ground |ouoc o/'its recording date. Tenant will execute any documents required toeffectuate
subordination or to rnukc this Lease prior to any mortgage, deed of trust or ground |cuoc, as
provided in the preceding paragraph, within \cu (10) business days uflcc l~uod|ord`x written
o:guum.
9
26. SURRENDER.
Tc000/ agrees that at theexpiration of this Lcuuo it will quit and surrender said Premises
without notice, in u oeu1 and c|ruo condition, and in uuondidoo at least as good as when the
Prcndocs were bused, nonno] wear and tear and damage by the c|emouty not resulting from any
act or ucg|cc| of Tenant excepted, and will deliver up all keys belonging to said Premises to
Landlord.
27. GENERAL PROVISIONS.
27.01 0evurability, The invalidity oFany provision of this Lease as dc\:nniurd by
court ofcompetent Jurisdiction will not affect the validity nfany other provision.
I7.02 Time m[Essence. Time iyo[the essence oFthis Lease.
27.03 Notices. Any notice given under this Lease ohu1) be in writing and may be given
bypersonal delivery, hvovernight Courier, mbycertified mail, return receiptpostage
addcesmcd to Tenant or no Landlord at their addresses set ihrUz above their signatures
hc|ovv, and uhoU be effective when received. Notices pc,aoouihv delivered or delivered by
overnight courier are considered received upon delivery. Mailed notices are considered received
five (5) days after deposit iothe mail orsuch other courier. Either party may hvnotice under this
section change its address for notice purposes. /\ copy ofall notices given in Landlord shall be
concurrently transmitted to any person designated in writing by Landlord.
27.04 Waiver. Waiver hvLandlord ofihcbreach ofany provision ofthis Lease ianot u
waiver of any oubmcqucu| breach by Tenant of the uumc or any other provision. Laodk/vd-o
consent to or approval of any act does not make Landlord's consent to or approval of any
subsequent act uoocccoxnry. Acceptance u[rent byLandlord is not u waiver o[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 ahoU k:nminu1c without further nuduc at the expiration of the
Lease Tern, as the same may be ux1nudcd under Section 3.02. Any holding over byTenant
Without the cxpzcoo wdUco consent o[Landlord nbu11 not constitute the renewal or extension of
this Lease or give Tenant any rights iunrio the Premises. In the event nfsuch aholding over by
Tenant without the express written consent of Landlord, the nnnotb|y 8oxc F|cu\ to be paid by
'Tenant shall bc equal ioone hundred fifty percent (150%) of the monthly Base Rent, provided,
however, on payment of such amount by Touuot mbuU be deemed to extend or zeoenv the Lease
Term, and socb ucuoonto are fixed by Landlord only to cm\uhliub the omuuu\ of liability for
payment of"
rent onthe part ufTenant during such period ofholding over. bxthe event Landlord
shall give its express written consent to Tenant occupying the Premises beyond the expiration of
the Lease 'Term, such occupancy shall be construed to be a tenancy for month -to -month on all the
uxcno terms and conditions as nci h»z1b herein unless modified by Landlord in oocb written
consent, inoo[orao they are applicable to arnnn|h'io-roon\htenancy.
10
(b) If Tenant fails to xuorndor the Premises upon the termination o[ this
Louyc, Tenant shall iudczuoiFv and hold bono)caa Luud}ncd born |oox or UuhUiiy resulting from
xnob dd| k/�� hhuoi |hnib ib� � �Uzo foregoing,n`udc h ur� including, vv .o� generality of _-'�x��` any claims by any
succeeding tenant arising ou| Of euoh failure and any fees and costs incurred by Landlord
(including attorneys' fees and costs).
27.00 Covenants and Conditions. Each provision ofdhia Lease which is performable
by Landlord or Tenant is both a covenant and a condition.
27.07 Authority. i[Tenant inucorporation, limited liability company, urother business
entity, Tenant represents and warrants WLandlord asfollows: (a)Tenant iaduly organized and
validly existing under the buvs of the State of' Washington, and is duly authorized ho conduct its
huxiueoo in the state of Washington; (b)on consent or approval o[any other person is necessary
for the effectiveness ofT000ut`uobligations under this Lease, and (o)Tenant has all the requisite
right, power, and authority to enter into this Lease and to perforrn all of its obligations hereunder.
27.00 Attorneys Fees. If legal action is necessary to enforce or interpret this Lease, the
prevailing party in such U(igudoo ybu|) be entitled to be reimbursed by the other party for
reasonable attorney [co*' litigation expenses, and statutory costs as awarded by the court. Such
fees, cua\o and expenses mbuU include those incurred in the enforcement and collection of any
-uptcy law, and any appeal from any proceeding.
Judgment, the litigation of any i ght under banki
27J09 Signs. Tenant may not place any new signs upon the Premises without Landlord's
prior written 000ncoL which may be granted or withheld in Lund|und`x sole discretion. Landlord
shall not objectk/ existing
27,10 Quiet Possession. Upon paying the rent and observing and performingoU of its
covenants and conditions, Tenant shall have quiet possession of the Premises for the entire Lease
Term subject to all of the provisions of this Lease.
27.I1 Rules and Regulations. Upon receipt o[ucopy ofthe same, Tenant will abide hv
all reasonable rules and zcgubAknnx which Landlord may make from 1buo to time for the
management, sufety, care, and cleanliness of the Premises and grounds, the parking of vehicles
and the preservation of good order.
27'12 ReYatbmoob' of Parties/Liability. For the purposes of this Lease, the
rc|odouxbip n[tbc parties hereto is strictly that of landlord and tenant. Nothing herein nbuU be
oouukuod so as to Cncuio u partnership, joint venture, or agency. Neither party hereto mhuU be
liable for the debts and obligations of the other.
27,13 Porx*mul Prwpurtv, Except as set forth in this Lease, Landlord has no interest in
any personal property, equipment, furniture, or fixtures installed by Tenant upon the Yrcnuixex.
Landlord will [bonisb TroouL upon o:uuoat, any |uud\ond`s waiver or similar document
reasonably required byooinxtib/iioua) lender orequipment icasorin connection with Tenant's
acquisition or financing of its personal property.
I
27.14 lLuod}urd`x U~imhilitv' N otwithstan ding anything in this Lease to the ooutrary,
covenants, undertakings and agreements herein made oil the part o[Landlord in this Lease are
ruudu and intended not as pccuooa\ covenants, undertakings and agreements for the purpose of
binding Landlord personally or the assets of Landlord (except Landlord's interest in the
Premises), but are rnudc and intended for the purpose of binding only the Landlord's interest in
the Premises, on the aonoe may from time to dnuc be oocnnobcrcd. No personal liability or
personal responsibility is uasurucd
by Laod|ord, nor xba|| at any time
be asserted cd or enforceable o
ugo/uai Landlord or heirs, legal representatives, successors or assigns on account of the Lease
or on account of onycov�nunt, undertaking or agreement of Landlord /o this Lease.
27,15 Exhibits. Any exhibits rcterouccdbcreiu o,attached hereto are incorporated as o
part of this Lease.
27,15 Governing Law. The validity o[this Lease, the interpretation o[the rights and
dnhca of the parties hereunder and the construction of the innna hereof' shall be governed in
accordance with the internal |up/y of the State of Washington. Venue in the event nfany dispute
shall hcKing County, Washington.
In witness whereof, the parties have exccuted this Lease the date set forth above.
12
"Landlord"
CITY OFTUKWI,A, a„).1 unicipal corporation Notice Address:
By:
Name: Allan Ekberg
Title: Mayor
Attest:
By:
T'<'6
, .„..
Approved as to form:
41
City Clerk
--XLT
City Attorney
City of Tukwila
Attn: City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
I HEREBY CERTIFY that on thisf&Iday of bc , 2018, before me, the
undersigned, a notary public in and for the State of Washington, duly commissioned and sworn,
personally appeared Allan Ekberg, to me known to be the Mayor of the CITY OF TUKWILA, a
Washington non -charter optional municipal code city, the municipal code city that executed the
within and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said municipal 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 of said
municipal code city.
WITNESS my hand and official seal the day and year certificate first above written.
ABE
a Gv,c
\ rYt "j;11 d'ePrint Name)
Residing at (A- Cr
My appointment expires V a ct
13
"Tenant"
Bayview Motor Club, LAX., Notice Address:
[Tenant's Acknowledge Bayview Motor Club, LLC]
STATE OF WASHINGTON
) ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that )11( is the person
who appeared before me, and said person acknowledged that s/he signfed this instrument, on oath
stated that s/he was authorized to execute the instrument and acknowledged it as the
of
4 - , to be the free and voluntary act of such party for the
Uses and purposes mentioned in the instrument.
Dated this day of
,201/
Notary Public for Washington,
(Printed or Stamped Name of Notary)
Residing at
My appointment expires'.
14
[Tenant's Acknowledge — Individual]
STATE OF WASHiNGTON
COUNTY OF KING
) ss.
1 certify that I know or1ve satisfactory evidence that is the person
who appeared before me, and sa persons acknowledged that s/he signed this instrument and
acknowledged it to be his/her free voluntary act for the uses and purposes mentioned in the
instrument. ss,„
Dated this day of' , 201
Notary\publie for Washington
(Printed or amped Name of Notary)
Residing at
My appointment pires:
s,
15
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Per King County Department of Assessments:
ADAMS HOME IRS 1ST ADD POR LOTS 4 & 5 DAF BAAP ON LN PLW & 10
FT S OF N LN SD BLK 4 WHICH IS 113,17 FT W MEAS ALG SD LN FR NLY
PROLONGATION OF WLY LN OF PACIFIC HWY S TH S 88-01-58 E ALG SD LN & S
LN OF S 150TH ST AS CONV TO KC BY DEED UNDER REC #5630307 DIST OF
71.76 FT TO BEG OF CRV TO RGT ON SD S LN WITH RAD OF 30 FT TH SWLY
ALG SD CRV 56.63 FT TAP OF TANGENCY ON VVLY LN SD HWY TH S 20-07-50 W
ALG SD WLY LN 80.29 FT TO MOST ELY COR OF TRACT CONV TO HEE YEOL
KANG ET UX BY DEED UNDER REC #8610311374 TH N 69-52-10 W ALG N LN SD
KANG TRACT 95,09 FT TH ALG SD N LN N 88-01-58 W 13,20 FT TH N 20-11-38 E
90,54 FT TO POE3 - AS PER KC LOT LINE ADJ NO 8610026 APPROVED 02 DEC
1986
16
EXHIBIT B
Map of Building and Tenant's Lease Area
(Not To Scale)
liQvL