HomeMy WebLinkAbout19-069 - Dahabshil Inc (AZ Trading dba Fresh and Green) - 2019 Public Safety Plan Commercial Lease Agreement19-069
Council Ap� oval 4/2/18
COMMERCIAL LEASE
CITY OF TUMVILA, LANDI:.,O1 D
DAHABSHIL, INC
November 1, 2018.
5A 0C- C o(_"ej V.. .�5
CONINIERCIAL LEASE
CITY OF TIJKWILA TO DAT-IABSHIL, INC.
TABLE OF CONTENTS
Rage
1.
GRANI .................... I ....... ........... .......................................
.......... 1.1
2.
PERMITTED USE ..................................... .........................................................................
1
3.
TERM . .................................................................................................................................
1
4.
RENT . ....................................................... ...................................................
-- ...................
5.
SECURITY DEPOSIT ............................................................................................
6.
ALTERATIONSAND IMPROVEMENTS . .............................................. 1-
.... -1-1- ........ .
7.
REPAIRS AND MAINTENANCE . .............................................................................
8.
OPERATING EXPENSES . ............................................ ....................................................
3
9.
UTILITIES AND SERVICES ......... ....................................................................................
3
10.
USE OF PREMISES ............................ ..........................................................................
.... 1)
IL
LEASEHOLD EXCISE TAX; PERSONAL PROPERTY TAXES . ...................................
4
12.
INDEMNIFICATION/1-1AZARDOUS MATERIALS ..................................................
...... 4
13,
fNSLJRANCE.... ..... ...................... -- .............................. — ..................................................
5
14.
ACCESS . .............................................. ..............................................................................
5
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 LESSEES . .............................
7
21.
DAMAGE OR DESTRUCTION OF PREMISES .....................................................
......... 7
22.
DEFAULTS; REMEDIES . ............ - ................................................... ...................
........... 7
23.
ESTOPPEL CERTIFICATES ................................................ .........................
................... 9
24.
BROKER . ....................................................................... ...... .............................................
9
25.
SUBOR,DINATION . ............................................................................................................
9
26.
SURRENDER ....... ..............................................................................................................
9
27.
GENERAL, PROVISION'S .................................................................................................
to
EXHIBIT
A LEGAL DESCRIPTION OF PROPERTY ............................ ...................................
15
EXHIBIT
B MAP OF BUILDING AND TENANT'S LEASE AREA ...............................
16
COMMERCIAL LEASE
CITY OFTUKWHIA TO A Z TRADING, INC., dba FRESH AND GREEN, TENANT
This Lease is made this I day of March, 2019, by and between the City of Tukwila, a
mUniCipal corporation operating under the laws of the State of Washington as a non-chafter code
city ("Lam-flord'), and Dahabstill, Inc. ("Tenant").
Landlord and Tenant agreeasfollows:
In
1. GRANT.
Landlord leases to Tenant and Tenant leases from Landlord that real property located at
15006 Military Rd S. Tuk%vila International Blvd, In Tukwila, Washington, and legally described
on Exhibit A attached hereto (hereafter called the "Premises").
2. PERM'ITTFD USE.
Tenant shall use the Premises only as a grocery store and for no other use or purpose
without the prior written consent of Landlord- Tenant is already in possession of tl'ie Premises, is
familiar with the Premises and acknowledges that the Premises are Suitable for Tenant's use.
Tenant shall have the right to nonCXCILISIve use of the Mutual use parking area on the premises
\,\'Ith other tenants of the Landlord.
3. TERNM.
3.01 Term. The term of this Lease ("Lease Teiwi") is November 1, 2018 to March 31.
2019, unless terminated sooner Pursuant to this Lease. Tenant may terminate the lease by
providing the Landlord 15-days written notice.
4. RENT.
4.01 Payment of Rent. Tenant covenants to pay to Landlord the amount of $300.00
per month, for a total of $1,500.00 for the Lease Term. Such total payment shall be due no later
than April 1, 2019. Rent shall be paid to Landlord at 6200 Soullicenter Blvd., Attn: BRANDON
MILES, Tuk\,vila, Washington 98188, or at such other address as L,'indlord shall specify from
time to time. Rent shall be paid by personal, business or cashier's check, no cash shall be
accepted.
4.03 Additional Rent. Tenant shall also pay as additional rent the payments mquired
of Tenant pursuant to the provisions of this Lease.
4.04 Late Charges. Late payment by Tenant of rent and other sums due will cause
Landlord to incur costs not conternplated by this Lease, the exact arnount of which will be
extremely difficult to ascertain. The costs include, but are not limited to, processing, accounting
and administrative charges. Accordingly, if any installment of rent or any other Sum due from
Tenant is not received by Landlord or its designee within ten (10) days after the amount is due,
Tenant shall pay to Landlord a late charge equal to five percent (5%) of the overdue amount. The
parties agree that this late charge represents a fair and reasonable estimate of the costs Landlord
will incur by reason of the late payment by Tenant. Acceptance of as late charge by Landlord is
not a waiver of Tenant's default, nor a waiver of greater charges which may be 61CUrred by
Landlord.
5. SECURITV DEPOSIT.
This section not use.
6. ALTERATIONS AND IMPROVEMENTS.
6.01 Remodeling Improvements and Other Alterations. Tenant shall alake no
rernodelin- improvements, alterations, installations, removals, additions oi- other improvements
in or to the Premises without Landlord's prior written consent, The Landlord's prior consent
shall not be required if the total cost of the remodeling improvement.
C> , alteration, installation,
removal, addition or other improvement is less than One Thousand Dollars ($1,000.00). All
costs of such work shall be Tenant's sole responsibility and will not be reimbursed for any
reason. Tenant shall perform all activities referred to in this section in compliance with all
applicable governmental laws, ordinances, codes, and regulations. Upon the termination of this
Lease, fee title to all improvements then located upon the Premises shall pass to and vest in
Landlord.
6.02 Removal of Fixtures/Personal Property. At the termination or expiration of this
Lease, Tenant agrees to remove all personal properly and trade fixtures. Any personal property
or fixtures left behind after the termination of this lease will be removed and disposed of by (lie
Landlord.
7. REPAIRS AND MAINTENANCE.
Tenant leases (lie Premises in "as -is" arid "where is" condition and, at its expense., will
keep all aspects of the Premises in neat, clean, and in a sanitary condition., and will replace any
g,lass of windows and doors which may become cracked or broken, and, except for acts of God,
reasonable wear and (ear and damage by fire, will at all times preserve said Premises in as good
repair as they are now or may hereafter be put. Tenant shall maintain and repair the Premises, and
Tenant agrees to keel) the parking lots and areas and sidewalks adjacent to the front and, rear of
the Premises clean and free of debris and obstructions. Tenant shall pick Up any trash or debris
on the Premises, parking., lot, or adjacent sidewalks at least once daily. Tenant shall make all
repairs and replacernents for the proper maintenance and ol:)eration of the Premises. Tenant
acknowledges that Landlord shalt have no responsibility to maintain, repair. restore or replace
any portion of the Prenilses or any buildings or structures located thereon.
In the alternative, Tenant may choose to terminate the lease upon 15-days' written notice
instead of making any such repairs except when such repairs are necessary to be made within
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fifteen days to protect the life and safety of the occupants and the public, in which case the
Tenant may choose to terminate the lease immediately.
S. OPERATING EXPENSES.
In addition to Base Rent, Tenant will pay directly, or to Landlord as additional rent at
Landlord's option, all operating, repair and maintenance costs and expenses (tile "Operating
Ex, muses") of the Premises. Operating Expenses are all costs paid or incurred by Landlord in
connection with the operation and maintenance of the Premises, determined by standard
accounting and property management practices, including without limitation: water and sewer'
repair charges; interior painting, repair and maintenance of buildings and improvements; I ]VAC
maintenance and repair; all insurance premiums; all utilities charges and taxes; window cleaning;
snow, trash., or debris reinoval, aardening, and landscape maintenance; supplies, materials,
equipment, and tools, and maintenance costs and Lipl(Cel) of all parking and common areas.
For Operating Expenses paid to or incurred by the Landlord and except when such repairs
0
are necessary to protect the life., safety and welfare of the OCCUparns and the public, Landlord
shall provide Tenant with seven (7) days written notice prior to expending any funds for repair
and maintenance cos l I costs and expenses. Notice shall include a description of the necessary repair
and maintenance activity and the estimated cost. In response to the notice, Tenant may either ( I
remit Payment to the Landlord for such costs or (22) choose to terminate the lease by providing
15-days' written notice in which case the lease shall terrilinate and Tenant shall not be obligated
to pay for identified expense. When such repairs are necessary to protect the lif'and safety of the
occupains, and tile public, the provision in the last paragraph of preceding section shall apply.
9. UTILITIES AND SERVICES.
Tenant agrees to pay for, when Clue, all water, storni, sewer, heat, oas. garbage electricity,
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collection and all other utility services consumed or used at the Premises during the Lease Tenn.Z:�
Tenant shall be responsible for contracting directly for all utilities, and for the collection of its
garbage from time Premises. Tenint agrees to pay, when clue, all interest, penalties, late -payment,
cancellation or other changes arising out of or relating to Tenant's use of, and termination of, all
such services,
M USE OF PREMISES.
The Premises shall at all times be kept and used in accordance with the laws of the State
of Washin-ton and the rules, regulations, orders, and directive of the State of Washington, Kill(T
County, and the City of Tukwila having Jurisdiction over said Premises and in accordance with
all directives, rules and regulations of the health officer, fire marshal, building inspector or other
proper official of the State of Washington, Kin- County, and the City of Tukwila, at the expense
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of Tenant. Tenant will permit no waste, damage, or injury to the Premises.
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11. LEASEHOI,,D'EXCISE TAX; PERSONAL PROPERTYTAXES.
I LOI Leasehold Excise Tax. Tenant shall pay to Landlord as additional rent, together
with each payrncnt of montilly Base Rent,,, the leasehold excise tax in the amount of 12.84'Yo of
the monthly Base Rent payment. Tenant shall pay to the City leasehold tax for the entire period
of the Lease Tenn, beginning November 1, 201.8. Total due for the full term of the lease is
$ 192.60, which shall be paid to the City no later than April 1., 2019..
11.02 Personal Property Taxes. All taxes levied or assessed directly against Tenant or
its business or property, including income, business and occupation Laxes, and use taxes on
Tenant's personal property, shall be paid by Tenant,
12. l[NDEMNIFICATION/IJAZARDOUS MATERIALS.
12.01 Indeninification. Neither Landlord nor any agent or employee of Landlord shall
be liable for damage to property or injury to PerS0IIS Sustained by Tenant or others resulting frorn
any act or omission other than the gross negligence or willful misconduct of Landlord Or its
agents or employees.
During the Lease Tenn, Tenant agrees to indemnify and hold harmless Landlord firorn all
claims, actions, causes of action, judgments, liabilities, expenses,,
Z� . costs and reasonable attomeys'
fees and from all limitations., restraints, penalties or obligations pertaining to Landlord arising Out
of any act, ornission, or neglect in connection with Tenant's (Including Tenant's employees,
agents, officers, licensees., invitees or Other occupants of U'le Premises) (I) use or occupancy of
the Premises, (2) conduct of Its business, or (3) default under or breach of this Lease, except
where Such is a result Of the gross negligence or NvIlItId misconduct of Landlord. or its agents or
employees. This indemnity shall survive the termination of this Lease, as to any act alleged to
have occurred during the Lease Term, and shall survive until the expiration of the applicable
statute of limitations.
.12.02 Hazardous Materials. Teilliant shall not dispose of or otheiivise allow the, release
of any hazardous waste or materials in, on or under the Premises, or any adjacent property, or in
any improvements placed on the Prernises. Tenant represents and Nvarrants, to Landlord that
Tenant's use of the Premises does, slot involve (Ile, use, production, disposal or bringing on to the
Premises of any hazardous waste or rriaterials. As used herein, the term "hazardous waste or
materials" includes any substance, waste or material defined or designated as hazardous, toxic or
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dangerous (or any similar term) by any federal, state or local statute, regulation, rule or ordinance
now or hereafter in effect, and shall include all forms of waste/debris generated by Tenant'S use
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of the Premises. Tenant shall comply at all times with all statutes, regulations and ordinances,
and with all orders, decrees or judgrnents of governmental authorities or courts having
,jurisdiction, relating to the Use, collection, treatment, di,spos,al, storage, control, rerrioval or
cleanup of hazardous waste or materials in, on 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"renant to effect such cornpliance,
Landlord may, but is not obligated to, enter upon the Premises and take such actions and Incur
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such costs and expenses to effect such compliance as it deems advisable to protect its interest in
the Prenilises, provided, however, that Landlord shall not be obligated to give Tenant notice and
an opportunity to effect such conipliance if (1) such delay might result in ri-taterial adverse harm
to Landlord or the Prenlises, (2) Tenant has already had actual knowledge of the situation and a
reasonable opportunity to effect such compliance, or (3) an emergency exists. Whether or not
Tenant has actual knowledge of the release of hazardous waste or materials on the Premises or
any adjacent property as the result of Tenant's use of the Premises, Tenant shall reimburse
Landlord for the ftill amount of all costs and expenses incurred by Landlord in connection xvith
such compliance activities, and such obligation shall continue even after the terrilination of this
Lease. Tenant shall notify Landlord imniediately of any release of any hazardous waste or
materials on the Premises.
Teriant shall indemnify and hold Landlord harmless against any and all losses, liabilities,
SL14S, obligations., fines, darnages, Judgments, penalties, claims, charges, cleanup l costs, remedial
actions, costs and expenses (Including., without limitation, attorneys' fees and d sinirsernents)
which may be imposed on, incurred or paid by, or asserted against Landlord or the Premises by
reason of', or in connection with ( I ) any misrepresentation, breach of Nvarranty or other default by
'Felialit under this par,'AgTaph, or (2) the acts or omissions of Tenant, or any subtenant or other
person for whom Tenant would otherwise be liable, resulting in the release of any hazardoLis
waste or materials or the violation of any law, rule, regulation or order pertaining to liazarc]OLIS
waste or materilals.
Landlord shall indeninify and hold Tenant harmless against any and all losses, liabilities,
Suits. obligations, fines. daniages, judgments, penalties, claims, charges. cleanup Costs, remedial
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'I - attorneys' fecs an ictions. costs and expenses (including, without limitation, attoi d disbUrsenients)
which may be imposed on., incurred or paid by, or asserted against Tenant in connection avith the
release of any hazardous waste or materials or the violation of any law, male, regulation or order
pertaining to hazardous waste or materials related to actions outside of Tenant's control.
13. INSURANCE.
Miring, the Lease Terin, Tenant shall keep in full force and effect'. at its sole cost and
expense, a policy or policies of liability Insurance for 1'.)roperty daniage and bodily 111.1MY, with
rninjinurri coverage ,irnotints of S 1.000.000 per occurrence within or about the Premises. Each
Such policy shall: (a) name Landlord as an additional insured; (b) be written as priniary policies
contributing with and not in excess of coverage that 'Landlord may carry; (c) contain an
not contri , wi I
endorsement providing that such insurance may not be cancelled with respect to Landlord except
after 30 days' prior written notice from 111SUrance company to Landlord 00 days for nonpayment
of prerniurri),- and (d) be written by insurance companies having, a A.M. Best's rating of "A- V11"
or better.
14. ACCESS.
Llpon reasonable advance notice, Landlord and its agents have the right to enter the
Premises at reasonable times for the purpose of inspecting them, showing therm to prospective
purchasers, lenders, or lessees, and inaking necessary or desirable alterations, repairs,
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 SUBROGAI]ON.
Landlord and 'tenant hereby release each other fi-orn any and all liability or responsibility
(to the other or anyone clain.iing through or under the other by way of subrogation or otherwise)
for any loss or damage to real or personal property on the Premises caused by fire or any other
insured peril, even if such fire or other casualty shall have been caused by the fault or negligence
ofthe other party or anyone for whom such party may be responsible. All insurance policies
procured by [,,andlord or Tenant that relate to the Premises shall include as waiver ot'subrogation
and a clause or endorsement to the effect that the foregoing release shall not adversely affect or
uripailr such policies or prejudice the right of the releaser to recover thereunder.
16. NONWAIVER OF BREACH.
Neither the acceptance of rent nor any other act or omission of Landlord at any time or
tirries after the happening of any event authorizing cancellation or forfeiture of this Lease shall
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operate as a waiver of any past or future violation, breach., Or fLUIL11-e to keep or perform any
covenant, agreement, term or condition hereof, or to deprive Landlord of its right to cancel or
forfeit this Lease, upon the notice required by law, at any time that cause for cancellation or
F0r1`e1(Ul`C may exist, or be construed so as to at any future t1i'lle estop Landlord frorn promptly
exercising any other option, right, or remedy that it may have Linder any term or provision of this
Lease.
17. SUCCESSORS.
Subject to the provisions of this Lease restricting assignment Or subletting, all covenants,
agreements, terms and conditions contained in this Lease shall apply to and be binding Lillon
Landlord and Tenant and their respective SUCCeSSOI'S ilildlor assigns.
18. GOVERNMEN'T'AL FEES,
All fees due the city, county or state on account of any inspection made on said Premises
by any officer thereof shall be paid by Tenant. Any fee due any governmental entity arising out
of or as a result of 'tenant's business conclucted 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 1171CUrred by or oil behalf of Tenant. Tenant covenants and agrees that
any liens filed against the Premises for work claimed to have been clone for or materials claimed
to have been furnished to, or obligations incurred by, Tenant, shall be disc luti-ged by 'Tenant, by
bond or otherwise, within thirty (30) clays after the film- 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 clann or post a bond
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or otherwise provide security to eliminate the lien as a claim against title and the cost thereof
shallbe inimediately 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, niortgage, 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 Landlords 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 fi-orri any other person is not a waiver of any
Lease provision. If any subtenant of Tenant del'aUlts, 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 agrecillent, all of Landlord's responsibilities and obligations under this
Lease.
21. DAMAGE OR DESTRUCTION OF PREMISES.
If the Premises are damaged or destroyed in all aniount 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 green 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 proniptly 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 Prertlises.
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22. DEFAULTS; REMEDIES.
22.0.1 Defaults. Each of the following is a material default and bre,'ich of this Lease by
Tenant:
when due.
(a) Abandoning,, the Premises;
(b) Failure to make any required rent or other payment within tell (10) clays of
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(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 ai rangenlent for the benefit of
creditors; tile 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
j . udiclal seizure of substantially all of Tenant's assets at the Premises or its interest in this [.ease,
if that seizure is not discharged within thirty (30) days.
22.02 Remedies. Ul)on 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 1111
equity 111CILiding, NNAthOUt limit, the following remedies:
(a) Terminate the Lease and Tenant's right to possession of the Premises by any
lawful nicans 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 Froill Tenant: all rent and other payments, then due
hereunder, plus the present value at tile tinle of award of (1) the arnount by Nvhich the unpaid rent
due hereunder for (lie balance of the Lease term after the time 01, such award exceeds (10 the
reasonable rental value of tile Premises for the same period, reduced by a reasonable estirliate of
costs, expenses., and commissions which will be lilcon-ed by Landlord to relet the Premises and
taking into account the tu-ne required for a re -letting of the Premises,
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(b) ContillUe the Lease in effect whether or not Tenant shall have abandoned the
Preinises. 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 fir-orn 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 bar Landlord. Landlord is not In default unless Landlord falls 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 tile 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 conlinences, performance or cure within the 30-day period and thereafter diligently pursues
its completion. In the event of default by Landlord, Tenant May Ptfl-Ale all remedies available to
it at law or in equity.
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22.04 Payment of Rent. it anything to the contrary herein, Tenant shall
not withhold the payinent of rent for any purpose, Including WitIlOLIt firnitation, for any clai,nied
offset or due to any dispute hereunder,
23. ESTOPPEL CERTIFICATES.
Ten,ant shall at any time upon ten (10) business clays prior written notice from Landlord
execute, acknowledge and deliver to Landlord a stateinent in NNI-riting (i) stating the
cornmencernent date and certifying that this Lease is unmodified and in full force (or, stating the
nature of any ax),dification and certifying that this Lease, as modified, is in full force) and statinc,
the date to which the rent and other charges are paid in advance, if any, and (it) acknowledging
that there are not, to Tenant's knowledge, any uncured defaults on the, part of Landlord (or
specifying any defaults claimed). This statement may be conclusively relied upon by any
prospective purchaser or encumbrancer of the Preinises. Tenant's failure to deliver this
statement within ten (10) business clays 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 or agents in connection with the negotiation of this Lease and it knows of no real
estate broker or agent entitled to a commission in connection with this Lease. Tenant agrees to
indemnify and hold harmless Landlord for any payment, loss or liability I-A.-SUIting from Tenant's
breach of the foregoing representation and warranty.
25. SUBORDINATION.
This Lease, at Landlord's option, shall be Subordinate to any ground lease-, rnortgage,
deed of trust, any Other hypothecation for security or encurnbranCe upon the real property of
which the Prerruses are a part and to any and all advances made on that security and to all
renewals, modifications, consolidations, replacements and extensions thereof, provided,
however, that the holder of any Such security shall agree to recognize the Lease in the event of
foreclosure so long as Tenant is not in defindt. If any mortgagee, trustee, or ground lessor prefers
to have this Lease prior to the Tien of its mortgage, deed of trust or ground lease, and gives
written notice to Tenant, this Lease shall be prior to that niortgage,, deed Of trust, or gJ-OUnd lease,
whether this Lease is dated prior Or SUbSCqUeru to the date of the mortgage, deed of trust or
ground lease or its recording date. Tenant will execute any documents required
red to effiectuate
subordination or to make this Lease prior to any mortgage', deed of trust or ground lease, as
provided in the preceding paragraph, within tell (10) business days after Landlord's written
request.
26. SURRENDER.
Tenant agrees that at the expiration of this Lease it will quit and SUITell(Iff said Premises
without notice, in a neat and clean condition, and in a condition at least as good as when the
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Premises were leased, normal wear and (car and daniage by the elements not resulting from any
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act or neglect of Tenant excepted, and will deliver up all keys belonging to said Premises to
Landlord.
27. GENERAL PROVISIONS.
27.01 Severability. The invalidity of any provision of this Lease as determined by a
court of competent jurisdiction will not affect the validity of any other provision.
27.02 Time of Essence. Time is of the essence of this Lease.
27.03 Notices. Any notice given under this Lease shall be in writing and may be given
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by personal! delivery, by overnight courier, or by certified mail, return receipt requested, postage
prepaid, addressed to Tenant or to Uandlord at their addresses set forth above their signatures
below, and shall be effective when received. Notices personally delivered or delivered by
Overnight Courier are considered received upon delivery. Mailed notices are considered received
five (5) days after deposit in the mall or Such other Courier. Either party may by notice under this
section change its address for notice purposes. A copy of rill notices given to Landlord shall be
concurrently trarlsinitted to any person designated in writing by Landlord.
27.04 Waiver. Waiver by Landlord of (fie breach of any provision of this Lease is not a
waiver of any subseqUent breach by Tenant of the same or any other provision. Landlord's
consent to or approval of any act does not make Landlord's consent to or approval of ally
subsequent act Lill necessary. Acceptance of rent by Landlord is not a waiver of any preceding
breach ofany provision of this Lease, other than Tenant's failure to pay the rent so accepted.
27-05 Holding Over By Tenant.
(a) 'This Lease shall ternifflate without further notice at the expiration of the
Lease Term., as the same may be extended Under Section 3.02. Any holding over by Tenant
without the express written consent of Landlord shall not constitute the renewal or extension of
this Lease or give Tenant any rights in or to the Premises. In the event of such a holding over by
Tenant WithOLIt the express written consent of Landlord, the inorithly Base Rent to be paid by
Tenant shall be equal to one hundred fifty percent (15001'o) of the monthly Base Rent, provided,
hoNvever,., no payment of such amount by Tenant shall be deerned to extend or renew the [.,ease
Term, and such arn0Un(s are, fixed by Landlord only to establish the amount of liability Cor
payment of rent on the pail of Tenant during Such period of holding over. In the 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 niontli-to-month on all the
saine terms and conditions as, set birth herein unless modified by Landlord HL such written
consent, insofar as they are applicable to a montli-to-month tenancy.
(b) If Tenant fails to surrender the Premises upon the termination of this
Lease, Tenant shall indemnify and hold harmless Landlord 1"1.()nl loss or liability resulting fi-oni
such failure including, without limiting the generality of the foregoing, any clainis made by any
succeeding tenant arl'sing out of such failure and any fees and costs incurred by Landlord
(including attorneys' fees and costs).
27.06 Covenants and Conditions. Each provision of this Lease which is perforillable
by Landlord or "renant Is both a covenant and a condition,
27.07 Authority. If Tenant is a corporation, litnited liability company, or other business
entity, Tenant represents and warrants to Landlord as follows: (a)'renant is duly organized and
validly existing under the laws of the State of Washington, and is duly aUlhorized to conduct its
business in the state of Washington; (b) no consent or approval of any other person is Ilecessany
for the effectiveness of Tenant's obligations under this Lease, and (c) Tenant has all the requisite
right, power, and authority to enter into this Lease and to perform all of its obligations heretirider.
27.08 Attorneys Fees. If legal action is necessary to enforce or interpret this Lease, the
ding party in SUCh I I preva. I litigation shall be entitled to be reimbursed by the other party for
reasonable attorney 'fees, litigation expenses, and statutory costs as awarded by the court. Such
fees, costs and expenses shall include those incurred in the enforcement and collection of any
judgment, the litigation of any right under bankruptcy law, and any appeal froin any l.)roceeding.
27.09 Signs. Tenant may not place any new signs upon the Pretrilses without Landlord's
prior written consent, which rnay be granted or withheld in Landlord's sole discretion. Landlord
shall not object to existing, signs.
27.10 Quiet Possession. Upon paying the rent and observing and performing all of its
covenants and conditions, Tenant shall have quiet possession ofthe Prenlises for the entire Lease
"I"crin subject to all of the provisions of this Lease.
27.11 Rules and Regulations. Upon receipt of cop), of the sarne. Tenant will abide by
all reasonable Riles and regulations which Landlord may rilake froin tirne to time f'or (lie
nianagernent, safety, care, and cleanliness of the Prernises and grounds. the parking of vehicles
and the preservation of good order.
27.12 Relationship of Parties/liability. For the PLIQ)OSCS of this Lease., the
relationship of the parties hereto is strictly that of landlord and tenant. Nothing herein shall be
construed so as to create a partnership, joint venture, or agency. Neither party hereto shall be
liable for the debts and obligations of the other.
4:�
27.13 Personal Property. Except as set forth in this Lease, Landlord has no interest in
any personal property, eqtilpnient. furniture, or fixtures installed by Tenant Upon the Prenlises.
Landlord will furnish Tenant, Upon request, any landlord's waiver or similar dUCUMCIlt
reasonably required by an institutional lender or equipinent lessor in connection with Tenant's
I acquisition or financing of its personal property,
27.14 Landlord's Liability. Notwithstanding anything in this Lease to the contrary,
covenants, undertakings and agreenients herein made on the part of Landlord in this Lease are
made and intended not as personal covenants, undertakings and agreenients for the purpose of
I
binding Landlord personally or the assets of Landlord (except Landlord's interest in the
Premises), but are inade and intended for the pUrpose of binding only the Landlord's interest III
the Prernises, as the same rnay front time to firne be encumbered. No personal liability or
personal responsibility is assomed, by Landlord, nor shall at any time be asserted or enforceable
against Landlord or Its heirs, legal representatives, successors or assigns on account of the Lease
or on account of any covenant, undertaking or agreement of Landlord in this Lease.
27-15 Exhibits. Any exhibits referenced herein or attached hereto are incorporated as a
part of this Lease.
27.15 Governing Law. The validity of this Lease, the interpretation of the rights and
duties of the parties hereunder and the constrLiction of the terms hereof shall be governed in
accordance with the internal laws of the State of Washington. Venue in the event of any dispute
shall be King County. Washington.
In witness whereof, the parties have executed this [.ease the date set forth above.
"Landloi-il"
CITY OF TUKWILA, a municipal corporation
V
By:
....
Name: Allan Ekberg ...... ........................ ........ . ..........
X 'A
Title: Mayor
Attest:
By:.
City Clerk
Approved as to form:
By: ku"', z/ ,
M
City Attorney
STATE OF WASHINGTON
ss.
COUNTYOF KING
Notice Address:
City of TUI(NVila
Attn: City Clerk
6200 Southcenter Blvd.
I'Lik-wila, WA 98188
CA
I HEREBY CERTIFY that on this XLA-Vday of y f�\ '10 lbefore 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 instruri'mit, 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.
-oil
Residing at.,
. ..........
N/ly appointment expires
. ... .... ..
13
"Teumit"
Dababshil Notice Address:
—a—k z, - 7�,� " 4
Dahbaslill
STATE 01' " WASHINGTON
COUN"n, OF KING )Ss.
f cellify that I know or li,,,ive satisfactory evidence that is the person
who appeared before file, and said person acknowledged that s/he signed this lilst"t"Ile"t. on oath
stated that s/he was authorized to execute the instrument and acknoNvIedged it I as the
to be (lie tree and VOILIntaty act Of such Marty fior the
Uses and 131,11-1)0SCS pax rationed in (lie HISILI-1.1j"nent.
Gated this — day of 210 1
Notary Public for Wasilitigtoll
(PI-ilited Or Stamped Name of Notaiy)
Residing at
MY appointment expires.,
IA