HomeMy WebLinkAbout03-129 - Bramuila Abel - Taqueria El Rinconsito Retail Lease• X-) 03 -14
RETAIL LEASE
C B A Richard Ellis CB RICHARD ELLIS, INC.
BROKERAGE AND MANAGEMENT
LICENSED REAL ESTATE BROKER
1. PARTIES.
This Lease, dated as of this 1st day of September, 2003, is made by and between City of Tukwila ("Landlord") and Abel
Bramuila ("Tenant").
2. LEASE OF PREMISES.
(a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Promiso&Building shown on Exhibit
"A" and further described in Section 3(i).
(b) This Lease is subject to the terms, covenants and conditions herein set forth and each party covenants as a material
part of the consideration for this Lease to keep and perform each and all of its terms, covenants and conditions.
3. DEFINITIONS.
As used in this Lease, the following terms have the following meanings:
(a) °
(b) Broker():
Landlord's Broker:
Tenant's Broker:
(c)
(d)
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(e) Landlord's Mailing Address: City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
(f) Lease Term: The Lease Term shall commence as of the Lease Term Commencement Date and shall continue there-
after for a period of one (1) years and zero (0) months. Either party may terminate this lease by providing ninety
(90) days' written notice to the other party.
(g) Lease Term Commencement Date: The earliest of the following dates:
(i) September 1, 2003;
(ii) The date Tenant initially opens for business in the Premises; or
(h) Minimum Rent (Section 4): $ 3.190.00 per month plus $410.00 per month for leasehold tax, to be adjusted as
hereinafter provided.
(i) Premises: That Building containing approximately ± 5 00 square feet of floor area,
shown by diagonal lines on Exhibit "A" and commonly designated as space/unit
(j) Rental Adjustment Date (Section 4(d)): The first day of the N/A calendar month following the Lease Term
Commencement Date ("First Rental Adjustment Date") and every N/A months thereafter.
(k) Security Deposit (Section 5): $ 2,500.00 (carried over from previous lease).
(I)
property ("Property") located at and further described on Exhibit "A." The Shopping Center is known as
(m) LandlerdTenant's Mailing Address:
Taqueria el Rinconsito
Attn.: Abel Bramuila
401 SW 153rd Street
Burien, WA 98166
Form No. 8382 (WA) Rev 7/96
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(n) Tenant's Proportionate Share: 100%. Such share is the percentage equivalent of a fraction, the numerator of which
is the rentable area of the Premises, and the denominator of which is the total rentable area of the buildings in the
Shopping Center available for the use and occupancy by tenants, as determined by Landlord from time to time on a
consistent basis.
(o) Use: Tenant shall use the Premises for preparation and serving of food.
and shall not use or permit the Premises to be used for any other purpose.
4. MINIMUM RENT AND ADJUSTMENTS TO MINIMUM RENT.
(a) Tenant agrees to pay to Landlord the Minimum Rent, without notice or demand, in advance, on or before the first day
of each and every successive calendar month during the Lease Term, commencing on the Lease Term Commencement
Date, except the first month's rent shall be paid upon the execution hereof.
(b) Rent for any period which is for less than one (1) month shall be a prorated portion of the monthly installment herein based
upon a thirty (30) day month. All rental shall be paid to Landlord, without deduction or offset, in lawful money of the
United States of America and at such place as Landlord may from time to time designate in writing.
(c) Tenant shall pay, as additional rent all sums required to be paid pursuant to the terms of this Lease. All amounts
required to be paid by Tenant hereunder are sometimes collectively referred to as "rent" or "rental."
5. SECURITY DEPOSIT.
6.
Concurrently with Tenant's execution of this Lease, Tenant has deposited with Landlord the Security Deposit. Said sum
shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants, and conditions of
this Lease to be kept and performed by Tenant during the Lease Term. If Tenant defaults with respect to any provision of
this Lease, including, but not limited to the provisions relating to the payment of rent, Landlord may (but shall not be
required to) use, apply or retain all or any part of the Security Deposit for the payment of any rent or any other sum in
default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's
default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default.
If any portion of said deposit is so used or applied Tenant shall, within five (5) days after written demand therefor, deposit
cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do
so shall be a default under this Lease. Landlord shall not be required to keep the Security Deposit separate from its
general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every
provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or,
at Landlord's option, to the last assignee of Tenant's interest hereunder) within ten (10) days following expiration of the
Lease Term. In the event of temiination of Landlord's interest in this Lease, Landlord shall transfer said deposit to Landlord's
successor in interest and thereafter shall be relieved of all responsibility with respect to the Security Deposit.
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8. USES PROHIBITED.
Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which is not
within the permitted use of the Premises which will in any way increase the existing rate of or affect any fire or other
insurance upon the Shopping Center or any of its contents, or cause a cancellation of any insurance policy covering the
Shopping Center or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about the
Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Shopping Center
or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable
purpose; nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or
allow to be committed any waste in or upon the Premises.
• •
9. COMPLIANCE WITH LAW.
Tenant shall not use the Premises, or permit anything to be done in or about the Premises, which will in any way conflict
with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or
promulgated. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and
governmental rules, regulations or requirements now in force or which may hereafter be in force and with the requirements
of any board of fire underwriters or other similar bodies now or hereafter constituted relating to or affecting the condition,
use or occupancy of the Premises, excluding structural changes not related to or affected by Tenant's improvements or
acts. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant,
whether Landlord be a party thereto or not, that Tenant has violated any law, statute, ordinance or governmental rule,
regulation or requirement, shall be conclusive of that fact as between Landlord and Tenant.
10. ALTERATIONS AND ADDITIONS.
Tenant shall not make or allow to be made any alterations, additions or improvements to or of the Premises or any part
thereof without first obtaining the written consent of Landlord. Any alterations, additions or improvements to or of said
Premises, including, but not limited to wall covering, paneling and built-in cabinet work, but excepting movable furniture
and trade fixtures, shall at once become a part of the realty and belong to Landlord and shall be surrendered with the
Premises. In the event Landlord consents to the making of any alterations, additions or improvements to the Premises by
Tenant, the same shall be made by Tenant at Tenant's sole cost and expense, in a good and workmanlike manner in
accordance with all applicable laws (including laws relating to the use of hazardous materials such as asbestos -containing
materials) and diligently completed. Upon the expiration or sooner termination of the Lease Term, Tenant shall, upon
written demand by Landlord, given at least thirty (30) days prior to the end of the Lease Term, at Tenant's sole cost and
expense, forthwith and with all due diligence, remove any alterations, additions, or improvements made by Tenant,
designated by Landlord to be removed, and Tenant shall, forthwith and with all due diligence, at its sole cost and expense,
repair any damage to the Premises caused by such removal.
11. REPAIRS.
(a) By entry hereunder, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition
and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition
and repair (except as hereinafter provided with respect to Landlord's obligations) including without limitation, the
maintenance, replacement and repair of any storefront, doors, window casements, glazing, plumbing, pipes, electrical
wiring and lighting fixtures and conduits, heating and air conditioning system (when there is an air-conditioning system).
Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Landlord in good
condition, broom clean, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant
excepted. Any damage to adjacent premises caused by Tenant's use of the Premises shall be repaired at the sole cost
and expense of Tenant.
(b) Notwithstanding any other provision hereof, Landlord at its expense shall maintain and repair the structural portions of
the moping—GenterBuilding, including the exterior walls and the structural portions of the roof, unless such
maintenance and repair are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant,
its agents, servants, employees, invitees, or any damage caused by breaking and entering, in which case Tenant
shall pay to Landlord the actual cost of such maintenance and repairs. Landlord shall not be liable for any failure to
make such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after
written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in
Section 25 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or
interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any
portion of the Shopping Center or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant
waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.
12. LIENS.
Tenant shall keep the Premises and the property in which the Premises are situated free from any liens arising out of any
work performed, materials furnished or obligations incurred by or on behalf of Tenant. Landlord may require, at Landlord's
sole option, that Tenant shall provide to Landlord, at Tenant's sole cost and expense, a lien and completion bond in an
amount equal to one and one-half (1-1/2) times the estimated cost of any improvements, additions, repairs or alterations
in the Premises which Tenant desires to make, to insure Landlord against any liability for mechanics' and material men's
liens and to insure completion of the work.
13. ASSIGNMENT AND SUBLETTING.
Tenant shall not either voluntarily, or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber
this Lease or any interest therein, and shall not sublet the Premises or any part thereof, or any right or privilege appurtenant
thereto, or allow any other person (the employees, agents, servants and invitees of Tenant excepted) to occupy or use
the Premises, or any portion thereof, without first obtaining the written consent of Landlord, which consent shall not be
unreasonably withheld. A consent to one assignment, subletting, occupation or use by any other person shall not be
deemed to be a consent to any other assignment, subletting, occupation or use by another person. Consent to any such
assignment or subletting shall in no way relieve Tenant of any liability under this Lease. Any such assignment or subletting
without such consent shall be void, and shall, at the option of Landlord, constitute a default under the terms of this Lease.
In the event that Landlord shall consent to a sublease or assignment hereunder, Tenant shall pay Landlord reasonable
Form No. 8382 (WA) Rev 7/96
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fees, not to exceed Five Hundred an No/100ths Dollars ($500.00), incurred in conn tion with the processing of documents
necessary to giving of such consent.
14. HOLD HARMLESS.
(a) Tenant shall indemnify and hold harmless Landlord against and from any and all claims arising from Tenant's use of
the Premises or from the conduct of its business or from any activity, work, or other things done, permitted or suffered
by Tenant in or about the Premises, and shall further indemnify and hold harmless Landlord against and from any and
all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed
under the terms of this Lease, or arising from any act or negligence of Tenant, or any officer, agent, employee, guest,
or invitee of Tenant, and from all costs, attorneys' fees, and liabilities incurred in or about the defense of any such
claim or any action or proceeding brought thereon. If any action or proceeding be brought against Landlord by reason
of such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably
satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of
damage to property or injury to persons in, upon or about the Premises, from any cause other than Landlord's
negligence; and Tenant hereby waives all claim in respect thereof against Landlord. Tenant shall give prompt notice
to Landlord in case of casualty or accidents in the Premises.
(b) Landlord or its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion,
falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Shopping Center or from the
pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting
from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents,
servants or employees. Landlord or its agents shall not be liable for interference with the light, air, or for any latent defect
in the Premises.
15. SUBROGATION.
As long as their respective insurers so permit, Landlord and Tenant hereby mutually waive their respective rights of
recovery against each other for any loss insured by fire, extended coverage and other property insurance policies existing
for the benefit of the respective parties. Each party shall apply to their insurers to obtain said waivers. Each party shall
obtain any special endorsements, if required by their insurer to evidence compliance with the aforementioned waiver.
16. LIABILITY INSURANCE.
Tenant shall, at Tenant's expense, obtain and keep in force during the Lease Term a policy of commercial general liability
insurance (sometimes known as comprehensive public liability insurance) insuring Landlord and Tenant (and, if requested
by Landlord, Landlord's lender and property manager) against any liability for bodily injury, property damage (including
loss of use of property) and personal injury arising out of the ownership, use, occupancy or maintenance of the Premises
and all areas appurtenant thereto. Such insurance shall be in the amount of not less than $1,000,000 per occurrence.
The limit of any such insurance shall not, however, limit the liability of Tenant hereunder. Tenant may provide this insurance
under a blanket policy, provided that said insurance shall have a Landlord's protective liability endorsement attached
thereto. If Tenant shall fail to procure and maintain said insurance, Landlord may, but shall not be required to, procure
and maintain same, but at the expense of Tenant. Insurance required hereunder shall be in companies rated A:XII or
better as set forth in the most current "Best's Key Rating Guide". Tenant shall deliver to Landlord, prior to right of entry,
copies of policies of liability insurance required herein or certificates evidencing the existence and amounts of such
insurance with loss payable clauses satisfactory to Landlord. No policy shall be cancellable or subject to reduction of
coverage. All such policies shall be written as primary policies not contributing with and not in excess of coverage which
Landlord may carry.
17. UTILITIES.
Tenant shall pay for all water, gas, heat, light, power, sewer charges, telephone service and all other services and utilities
supplied to the Premises, together with any taxes thereon. If any such services are not separately metered to Tenant,
Tenant shall pay a reasonable proportion to be determined by Landlord of all charges jointly metered with other premises.
18. PERSONAL PROPERTY TAXES.
Tenant shall pay, or cause to be paid, before delinquency any and all taxes levied or assessed and which become
payable during the Lease Term upon all of Tenant's leasehold improvements, equipment, furniture, fixtures and any other
personal property located in the Premises. In the event any or all of Tenant's leasehold improvements, equipment,
furniture, fixtures and other personal property shall be assessed and taxed with the real property, Tenant shall pay to
Landlord its share of such taxes within ten (10) days after delivery to Tenant by Landlord of a statement in writing setting
forth the amount of such taxes applicable to Tenant's property.
19. RULES AND REGULATIONS.
Tenant shall faithfully observe and comply with the rules and regulations that Landlord shall from time to time promulgate
and/or modify. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant. Landlord
shall not be responsible to Tenant for the nonperformance of any said rules and regulations by any other tenants or
occupants.
20. HOLDING OVER.
If Tenant remains in possession of the Premises or any part thereof after the expiration of the Lease Term with the
express written consent of Landlord, such occupancy shall be a tenancy from month to month at a rental in the amount of
125% of the last monthly Minimum Rent, plus all other charges payable hereunder, and upon all the terms hereof
applicable to a month to month tenancy.
Form No. 8382 (WA) Rev 7/96
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21. ENTRY BY LANDLORD.
Landlord reserves, and shall at any and all times during business hours have, the right to enter the Premises to inspect
the same, to submit said Premises to prospective purchasers or tenants, to post notices of non -responsibility, to repair
the Premises and any portion of the Shopping Center of which the Premises are a part that Landlord may deem necessary
or desirable, without abatement of rent, and may for that purpose erect scaffolding and other necessary structures where
reasonably required by the character of the work to be performed, always providing that the entrance to the Premises
shall not be unreasonably blocked thereby, and further providing that the business of Tenant shall not be interfered with
unreasonably. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with
Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby.
Landlord at any and all times shall have the right to use any and all means which Landlord may deem proper to open said
doors in an emergency, in order to obtain entry to the Premises without liability to Tenant except for any failure to exercise
due care for Tenant's property and any entry to the Premises obtained by Landlord by any of said means, or otherwise,
shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the
Premises, or an eviction of Tenant from the Premises or any portion thereof.
• •
22. TENANT'S DEFAULT.
The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant.
(a) The vacating or abandonment of the Premises by Tenant.
(b) The failure by Tenant to make any payment of rent or any other payment required to be made by Tenant hereunder,
as and when due, where such failure shall continue for a period of three (3) days after written notice thereof by
Landlord to Tenant.
(c) The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be
observed or performed by Tenant, other than described in (b), above, where such failure shall continue for a period
of thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of Tenant's
default is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed
to be in default if Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes
such cure to completion.
(d) The making by Tenant of any general assignment or general arrangement for the benefit of creditors; or the filing by
or against Tenant of a petition to have Tenant adjudged a bankrupt, or a petition or reorganization or arrangement
under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed
within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of Tenant's
assets located at the Premises or of Tenant's interest in this Lease, where 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 located at
the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within thirty (30) days.
23. REMEDIES UPON TENANT'S DEFAULT.
In the event of any such default or breach by Tenant, Landlord may at any time thereafter, in its sole discretion, with or
without notice or demand and without limiting Landlord in the exercise of a right or remedy which Landlord may have by
reason of such default or breach:
(a) Terminate Tenant's right to possession of the Premises by any lawful means, in which case this Lease shall terminate
and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be
entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including, but not
limited to, the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation
and alteration of the Premises; reasonable attorneys' fees; the worth at the time of award by the court having jurisdiction
thereof of the amount by which the unpaid rent and other charges and Adjustments called for herein for the balance
of the Lease Term after the time of such award exceeds the amount of such loss for the same period that Tenant
proves could be reasonably avoided; and that portion of any leasing commission paid by Landlord and applicable to
the unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest from the date due at
the maximum legal rate; or
(b) Maintain Tenant's right to possession, in which case this Lease shall continue in effect whether or not Tenant shall
have abandoned the Premises. In such event Landlord shall be entitled to enforce all of Landlord's rights and remedies
under this Lease, including the right to recover the rent and any other charges and Adjustments as may become due
hereunder; or
(c) Pursue any other remedy or combination of remedies now or hereafter available to Landlord under the laws or judicial
decisions of the State in which the Premises are located.
24. DEFAULT BY LANDLORD.
Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable
time, but in no event later than thirty (30) days after 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 shall have theretofore been furnished to
Tenant in writing, specifying wherein Landlord has failed to perform such obligation. If the nature of Landlord's obligation
is such that more than thirty (30) days are required for performance then Landlord shall not be in default if Landlord
commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion.
In no event shall Tenant have the right to terminate this Lease as a result of Landlord's default and Tenant's remedies
shall be limited to damages and/or an injunction.
25. RECONSTRUCTION.
(a) In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord
agrees to forthwith repair same, and this Lease shall remain in full force and effect, except that Tenant shall be
entitled to a proportionate reduction of the Minimum Rent from the date of damage and while such repairs are being
made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs
shall reasonably interfere with the business carried on by Tenant in the Premises. If the damage is due to the fault or
neglect of Tenant or its employees, there shall be no abatement of rent.
Form No. 8382 (WA) Rev 7/96 6
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11 (b) In the event the Premises are maged to any extent as a result of any cause er than the perils covered by fire and
extended coverage insurance, Landlord shall have the option: (1) to repair, reconstruct or restore the Premises, in
which event this Lease shall continue in full force and effect but the Minimum Rent shall be proportionately reduced
as hereinabove provided in this Section during the period of such repair, reconstruction or restoration; or (2) to give
notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified
in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving
such notice, this Lease shall expire and all interest of Tenant in the Premises shall terminate on the date so specified
in such notice and the Minimum Rent, reduced by a proportionate reduction, based upon the extent, if any, to which
such damage interfered with the business carried on by Tenant in the Premises, shall be paid up to date of
termination.
(c) Anything to the contrary contained in this Section 25 notwithstanding, Landlord shall not have any obligation whatsoever
to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this
Section occurs during the last twenty-four months of the Lease Term or any extension thereof.
(d) Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or
replacements of any leasehold improvements, fixtures, or other personal property of Tenant.
26. EMINENT DOMAIN.
If more than twenty-five percent (25%) of the Premises shall be taken or appropriated by any public or quasi -public
authority under the power of eminent domain, either party hereto shall have the right, at its option, within sixty (60) days
after said taking, to terminate this Lease upon thirty (30) days written notice. If either less than or more than 25% of the
Premises are taken (and neither party elects to terminate as herein provided), the Minimum Rent thereafter to be paid
shall be equitably reduced. If any part of the Shopping Center other than the Premises may be so taken or appropriated,
Landlord shall within sixty (60) days of said taking have the right at its option to terminate this Lease upon written notice
to Tenant. In the event of any taking or appropriation whatsoever, Landlord shall be entitled to any and all awards and/or
settlements which may be given on account of the reduction in the value of the leasehold, the taking of the fee or
otherwise and Tenant shall have no claim against Landlord for the value of any unexpired portion of the Lease Term.
27. PARKING AND COMMON AREAS.
(a) Landlord covenants that upon completion of the Shopping Center an area approximately equal to the Common Areas
as shown on the attached Exhibit "A" shall be at all times available for the non-exclusive use of Tenant during the full
Lease Term or any extension thereof, provided that the condemnation or other taking by any public authority, or sale
in lieu of condemnation, of any or all of such Common Areas shall not constitute a violation of this covenant. Landlord
reserves the right to change the entrances, exits, traffic lanes and the boundaries and locations of such Common
Areas, provided, however, that anything to the contrary contained in this Section 27 notwithstanding, said areas shall
at all times be substantially equal or equivalent to that shown on the attached Exhibit "A".
(b) Prior to the date of Tenant's opening for business in the Premises, Landlord shall cause appropriate portions of the
Common Areas to be graded, surfaced, marked and landscaped at no expense to Tenant. Landlord shall keep said
automobile parking and Common Areas in a neat, clean and orderly condition and shall repair any damage to the
facilities thereof, but all expenses in connection with said Common Areas shall be charged and prorated in the
manner as set forth in Section 7 hereof.
(c) Tenant, for the use and benefit of Tenant, its agents, employees, customers, licensees and sub -tenants, shall have
the non-exclusive right in common with Landlord, and other present and future owners, tenants and their agents,
employees, customers, licensees and sub -tenants, to use said Common Areas during the entire Lease Term, or any
extension thereof, for ingress and egress, and automobile parking.
(d) Tenant, in the use of said Common Areas, agrees to comply with such reasonable rules, regulations and charges for
parking as Landlord may adopt from time to time for the orderly and proper operation of said Common Areas. Such
rules may include but shall not be limited to the following: (1) the restricting of employee parking to a limited, designated
area or areas; and (2) the regulation of the removal, storage and disposal of Tenant's refuse and other rubbish at the
sole cost and expense of Tenant.
28. SIGNS.
Tenant may affix and maintain upon the glass panes and supports of the show windows and within twelve (12) inches of
any window and upon the exterior walls of the Premises only such signs, advertising placards, names, insignia, trademarks
and descriptive material as shall have first received the written approval of Landlord as to type, size, color, location, copy
nature and display qualities. Anything to the contrary in this Lease notwithstanding, Tenant shall not affix any sign to the
roof. Tenant shall, however, erect one sign on the front of the Premises not later than the date Tenant opens for business.
The design of such sign shall be prepared by Tenant in accordance with Landlord's sign criteria and shall be subject to
the approval of Landlord.
29. DISPLAYS.
Tenant may not display or sell merchandise or allow grocery carts or other similar devices within the control of Tenant to
be stored or to remain outside the defined exterior walls and permanent doorways of the Premises. Tenant further agrees
not to install any exterior lighting, amplifiers or similar devices or use in or about the Premises any advertising medium
which may be heard or seen outside the Premises, such as flashing lights, searchlights, loudspeakers, phonographs or
radio broadcasts.
30. AUCTIONS.
Tenant shall not conduct or permit to be conducted any sale by auction in, upon or from the Premises whether said
auction be voluntary, involuntary, pursuant to any assignment for the payment of creditors or pursuant to any bankruptcy
or other insolvency proceeding.
Form No. 8382 (WA) Rev 7/96 7
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31. HOURS OF BUSINESS.
(a) Subject to the provisions of Section 25 hereof, Tenant shall continuously during the entire Lease Term conduct and
carry on Tenant's business in the Premises and shall keep the Premises open for business and cause Tenant's
business to be conducted therein during the usual business hours of each and every business day as is customary
for businesses of like character in the city in which the Premises are located to be open for business; provided,
however, that this provision shall not apply if the Premises should be closed and the business of Tenant temporarily
discontinued therein on account of strikes, lockouts or similar causes beyond the reasonable control of Tenant.
Tenant shall keep the Premises adequately stocked with merchandise, and with sufficient sales personnel to care for
the patronage, and to conduct said business in accordance with sound business practice.
(b) In the event of breach by Tenant of any of the conditions contained in this Section, Landlord shall have, in addition to
any and all remedies herein provided, the right at its option to collect not only the Minimum Rent herein provided, but
additional rent at the rate of one -thirtieth (1/30) of the Minimum Rent herein provided for each and every day that the
Tenant shall fail to conduct its business as herein provided; said additional rent shall be deemed to be in lieu of any
percentage rent that might have been earned during such period of Tenant's failure to conduct its business as herein
provided.
• •
Aesssiation.
33. GENERAL PROVISIONS.
(a) Plats and Riders. Clauses, exhibits, schedules, plats, riders and addenda, if any, affixed to this Lease are a part
hereof.
(b) Waiver. The waiver by Landlord of any term, covenant or condition herein contained shall not be deemed to be a
waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or
condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be
a waiver of any preceding default by Tenant of any term, covenant or condition of this Lease, other than the failure of
Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding default at
the time of the acceptance of such rent.
(c) Joint Obligation. If there be more than one Tenant the obligations hereunder imposed shall be joint and several.
(d) Marginal Headings. The marginal headings and section titles to the sections of this Lease are not a part of this
Lease and shall have no effect upon the construction or interpretation of any part hereof.
(e) Time. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor.
(f) Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment,
apply to and bind the heirs, successors, executors, administrators and assigns of the parties hereto.
Recordation. Neither Landlord nor Tenant shall record this Lease, but a short form memorandum hereof may be
recorded at the request of, or with the permission of, Landlord.
(h) Quiet Possession. Upon Tenant's paying the rent reserved hereunder and observing and performing all of the
covenants, conditions and provisions on Tenant's part to be observed and performed hereunder, Tenant shall have
quiet possession of the Premises for the entire Lease Term, subject to all the provisions of this Lease.
Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent or other sums due
hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be
extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and
late charges which may be imposed upon Landlord by terms of any mortgage or trust deed covering the Premises.
Accordingly, if any installment of rent or any sum due from Tenant shall not be received by Landlord's designee within
ten (10) days after written notice that said amount is past due, then Tenant shall pay to Landlord a late charge equal
to the maximum amount permitted by law (and in the absence of any governing law, ten percent (10%) of such
overdue amount), plus any attorneys' fees incurred by Landlord by reason of Tenant's failure to pay rent and/or other
charges when due hereunder. The parties hereby agree that such late charges represent a fair and reasonable
estimate of the cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charges
by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent
Landlord from exercising any of the other rights and remedies granted hereunder.
Prior Agreements. This Lease contains all of the agreements of the parties hereto with respect to any matter
covered or mentioned in this Lease, and no prior agreements or understanding pertaining to any such matters shall
be effective for any purpose. No provision of this Lease may be amended or added to except by an agreement in
writing signed by the parties hereto or their respective successors in interest. This Lease shall not be effective or
binding on any party until fully executed by both parties hereto.
(k) Inability to Perform. This Lease and the obligations of Tenant hereunder shall not be affected or impaired because
Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused
by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of Landlord.
(I) Partial Invalidity. Any provision of this Lease which shall prove to be invalid, void, or illegal shall in no way affect,
impair or invalidate any other provision hereof and such other provision shall remain in full force and effect.
(m) Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, whenever possible,
be cumulative with all other remedies at law or in equity.
(g)
(i)
(i)
Form No. 8382 (WA) Rev 7/96
8
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• •
(n) Choice of Law. This Lease shall be governed by the laws of the State in which the Premises are located.
(o) Attorneys' Fees. In the event of any action or proceeding brought by either party against the other under this Lease
the prevailing party shall be entitled to recover its expenses and costs, including its attorneys' fees and expert
witness fees in such action or proceeding, including costs of appeal, if any, in such amount as the court may adjudge
reasonable.
(P)
(q)
Sale of Premises by Landlord. In the event of any sale of the Premises by Landlord, Landlord shall be and is
hereby entirely freed and relieved of all liability under any and all of its covenants and obligations contained in or
derived from this Lease arising out of any act, occurrence or omission occurring after the consummation of such sale;
and the purchaser, at such sale or any subsequent sale of the Premises shall be deemed, without any further agreement
between the parties or their successors in interest or between the parties and any such purchaser, to have assumed
and agreed to carry out any and all of the covenants and obligations of Landlord under this Lease.
Subordination; Attornment. Upon request of Landlord, Tenant will in writing subordinate its rights hereunder to the
lien of any mortgage or deed of trust, to any bank, insurance company or other lending institution, now or hereafter in
force against the Premises, and to all advances made or hereafter to be made upon the security thereof. In the event
any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage
or deed of trust made by Landlord covering the Premises, Tenant shall attom to the purchaser upon any such foreclosure
or sale and recognize such purchaser as Landlord under this Lease. The provisions of this Section to the contrary
notwithstanding, and so long as Tenant is not in default hereunder, this Lease shall remain in full force and effect for
the full term hereof.
(r) Notices. Wherever this Lease requires or permits notice or demand to be given by either party to the other, such
notice or demand shall be in writing and given or served either personally or by certified mail, retum receipt requested,
addressed to the parties at the addresses specified in Sections 3(e) and (m) hereof. Either party may change such
address by written notice to the other as herein provided.
(s) Tenant's Statement (Estoppel Certificate). Tenant shall at any time and from time to time, upon not less than three
days prior written notice from Landlord, execute, acknowledge and deliver to Landlord a statement in writing (a)
certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification
and certifying that this Lease as so modified is in full force and effect), and the date to which the rental and other
charges are paid in advance, if any, and (b) acknowledging that there are not, to Tenant's knowledge, any uncured
defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed, and (c) setting forth the
date of commencement of rents and expiration of the Lease Term. Any such statement may be relied upon by the
prospective purchaser or encumbrancer of all or any portion of the real property of which the Premises are a part.
(t) Authority of Tenant. If Tenant is a corporation, each individual executing this Lease on behalf of Tenant
represents and warrants that he or she has full authority to do so and that this Lease binds the corporation. If
Tenant is a partnership, each individual executing this Lease for Tenant represents and warrants that he, she or it is
a general partner of the partnership, that he, she or it has full authority to sign for the partnership and that this Lease
binds the partnership and all general partners of the partnership.
34. BROKERS.
Tenant warrants that it has had no dealings with any real estate brokers or agents in connection with the negotiation of
this Lease excepting only the brokers named in Section 3(b) of this Lease, and it knows of no other real estate broker or
agent who is entitled to a commission in connection with this Lease.
35. COMPLIANCE.
The parties hereto agree to comply with all applicable federal, state and local laws, regulations, codes, ordinances and
administrative orders having jurisdiction over the parties, property or the subject matter of this Agreement, including, but
not limited to, the 1964 Civil Rights Act and all amendments thereto, the Foreign Investment In Real Property Tax Act, the
Comprehensive Environmental Response Compensation and Liability Act, and The Americans With Disabilities Act.
Landlord: City of Tukwila
a(n)
By (.(X -r. at-e-Ge4Q-01
Title: i' itd A1J c e e cA ,t
Date: )b13) 0 3
(1) For an acknowledgment in an individual capacity:
State of Washington'
County of L.5cJieh
fy ry ,4 k (a / I certi that I know or have satisfacto evidence thatthe person who appeared
before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her)
free and voluntary act for the uses and purposes mentionedin the instrument. )
Dated: 10)03
Form No. 8382 (WA) Rev 7/96
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Title: tt My appointment expires: 5/ 1 ^O!
(2) For an acknowledgment in a representative capacity:
State of Was in tbn
County of
I certify that I know or have satisfactory evidence that , &MILL is the person who
appeared before me, and said person acknowledged that a signed this instrument, on oath acknowledged it
as the Ctl)lie-r of to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated: /6 3/6,3
Signature:
(Seal or Stam
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Title: I) i.(1�
My appointment expires: – 9-07
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By J
Title: P> W Y% ey
Date: l C) / c '/
CONSULT YOUR ATTORNEY—This document has been prepared for approval by your attorney. No representation
or recommendation is made by CB Richard Ellis, Inc. or its agents or employees as to the legal sufficiency, legal
effect, or tax consequences of this document, or the transaction to which it relates. These are questions for your
attorney.
In any real estate transaction, it recommended that you consult with a professional, such as a civil engineer,
industrial hygienist or other person with experience in evaluating the condition of property, including the possible
presence of asbestos, hazardous materials and underground storage tanks.
BO:alq
Form No. 8382 (WA) Rev 7/96
10
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