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HomeMy WebLinkAboutAddendum - 31.The Parties entered Lease LAG-21-005 effective June 15, 2021 and subsequently amended the Lease with two amendments dated August 13, 2021 and June 16, 2022 (collectively the “Lease”). Capitalized terms used, but not defined, in this Amendment have the meanings set forth in the Lease. 2.Tenant is a nonprofit organization that provides Tuition-Free Education and Services (as defined in the Lease) to children around three (3) to five (5) years of age. Tenant provides the Tuition-Free Education and Services to children who otherwise cannot receive a preschool education because their families cannot afford it. 3.Tenant requires age-appropriate recreation space for use of its students. Landlord and the Renton School District jointly operate the Meadow Crest Playground facilities adjacent to the Premises pursuant to an interlocal agreement. Landlord and the Renton School District have separately agreed, prior to or concurrently with this Amendment, to grant Tenant a license to use Meadow Crest Playground, pursuant to a Memorandum of Understanding (the “MOU”). However, in the MOU, Tenant’s access times to Meadow Crest Playground may be unilaterally changed by the City or RSD, subject to the terms and conditions set forth therein. 4.The Parties wish to ensure that Tenant has access to appropriate recreation space for its students to ensure its ability to maintain licensure and deliver the Tuition-Free Education and Services, and to improve the experience of Tenant’s students, even where schedule changes pursuant to the MOU limit access to Meadow Crest Playground, or where the MOU is terminated for any reason. 5.The purpose of this Amendment is to (i) amend the definition of the “Premises” under the Lease to include additional outdoor space, (ii) expressly authorize Tenant to construct a new playground in the added outdoor space, and (iii) make certain other changes to the terms and conditions of the Lease as are mutually agreeable to the Parties, such as (A) clarifying that the Premises may be exclusively used for or in support of Tenant’s charitable purposes, (B) extending the Termination Date by two months to better align with Tenant’s school year, (C) clarifying that the Landlord will take on inspection, repair and maintenance of the Mini-Splits in exchange for Tenant taking on all responsibility for their waste removal, and (D) clarifying certain provisions within Exhibit E (Shared Services) of the Lease including clarifying that the Landlord will provide emergency lighting and carbon monoxide checks in exchange for the City not-prioritizing the “Premises” snow removal over other City priorities with no guarantee that snow removal will take place prior to school hours. LAG-21-005, Adden #3-23 Third Amendment to Lease Agreement LAG-21-005 This Third Amendment to the Lease Agreement (“Amendment”) is entered into _____June 27____, 20__23_ (“Effective Date of Amendment”) between Day 1 Academies, dba Bezos Academy, a Delaware nonprofit nonstock corporation (“Tenant”), and the City of Renton, a municipal government entity (“Landlord”) (collectively, “Parties”). RECITALS 2 AGREEMENT Landlord and Tenant agree as follows: 1.Amendment of Premises. Section 1.1 of the Lease is amended and restated in its entirety as follows (for ease of reference only, added or modified language is in bold and underlined): 1.1 Premises and Property. Landlord leases to Tenant the “Premises” “As-Is,” which consists of an agreed area of approximately: (i)4,603 rentable square feet in the Building, (ii)275 rentable square feet within a *storage room, (iii)785.72 square feet for the outdoor picket fence area, (iv)4,148 square feet for the playground area, and (v)the dumpster enclosure area all as outlined on attached Exhibit A-3, located on the land legally described on attached Exhibit B, and is commonly known as North Highlands Neighborhood Center. The Premises does not include, and Landlord reserves, the exterior walls and roof of the Premises, the land beneath the Premises, the pipes and ducts, conduits, wires, fixtures, equipment above the suspended ceiling, and structural elements of the building in which the Premises are located (the “Building”). The Building, the land upon which it is situated, all other improvements located on such land, and all common areas appurtenant to the Building are referred to as the “Property”. *Storage Room: The Landlord reserves the right to enter the storage space as needed 24/7 to access electrical and fire panels. The Landlord has marked off the minimum clear working space in front of electric equipment such as switchboards, control panels, switches, circuit breakers, motor controllers, relays, and similar equipment. Tenant Items stored in the storage room must stay outside of the marked-off area. Landlord will direct any personnel accessing the storage space to reasonably identify themselves to Tenant’s staff if requested (e.g., with a City issued ID, badge, uniform, etc.). Any other access to the Premises by Landlord is subject to Section 8 of the Lease. 2.Amendment of Outline of the Premises. As of the date of Amendment No 3, Exhibit A to the Lease (Outline of the Premises (including outdoor areas)) is hereby replaced by Exhibit A-3 (Revised Outline of the Premises (including outdoor areas)) attached to this Amendment. All references to Exhibit A in the Lease are deemed references to Exhibit A-3 attached to this Amendment. 3.Authorization to Construct New Playground. For the avoidance of doubt, and for purposes of clarifying Section 2 of the Lease, Landlord hereby expressly authorizes Tenant to construct an age- appropriate playground in the outdoor portion of the Premises added by this Amendment, together with associated improvements such as installation of a fence and appropriate play surface (the “New Playground”) as set forth in added Exhibit A-3. Playground space is provided “AS-IS.” Tenant is responsible for constructing the New Playground in accordance with all applicable laws and legal requirements, including, without limitation, prevailing wage laws to the extent applicable. The construction of the New Playground will be at Tenant’s sole cost and expense. Tenant is responsible for all permits needed. Landlord will cooperate with Tenant as needed to facilitate such construction. Landlord will provide available records about the location of irrigation system, utilities, environmental, and etc. Tenant 3 is responsible for all utility locates prior to construction. Tenant must comply with the noted requirements on Exhibit A-3 including but not limited to: (i)Retain removable ten-foot (10’) panel in existing fence. (ii)Install six-foot (6’) tall fence with concrete mow curb posts to land on curb. (iii)Install one (1) eight-foot (8’) wide gate in new section of playground area fence, with entry from parking lot. (iv)Fabric required on existing fence to eliminate 3.75” as needed under WAC 110-300- 0145. (Fence fabric will be independent on the removable fence panel from the rest of the fence fabric) (v)Existing trees to be retained and used for shade. Any subterranean work will take place outside of the drip line of the trees including concrete ‘Trike Track.’ (vi)Existing grass to remain and be maintained by tenant. (vii)Underground irrigation infrastructure playground outdoor space: a.All sprinkler work to be confirmed with Parks Department prior to work commencing b.Tenant to revise sprinkler main (if needed) so it does not run under the Trike Track. c.Tenant to modify existing sprinkler heads on both sides of fence as required. d.Irrigation will not be activated in playground outdoor space. (viii)Eliminate parking stall for child safety striping to be added – if needed* (ix)Eliminate existing parking space for safety by dumpster – if needed* (x)NE outer fence exclude irrigation facility control *The Landlord (Facilities and Parks) agrees for child safety purposes, if needed, to lose /eliminate one parking stall by Tenant for safety by the dumpster area per Exhibit E-3. However, if parking spaces are needed to be removed, it must be made as an exception by the City's Permit Department (CED) in the permitting process. 4.Two-Month Extension of Termination Date. Section 1.4 Commencement, Option to Extend, and Termination of the Lease is amended and restated in its entirety as follows (for ease of reference only, added or modified language is in bold underline and strike through, as applicable): 1.4 Commencement, Option to Extend, and Termination. The Lease commences on the Effective Date (the “Commencement Date”) and terminates at 11:59 p.m. on August 31, 2036 June 30, 2036 (the “Termination Date”). The Parties may agree in writing to extend the lease for additional terms (a “Renewal Term”). Landlord shall deliver vacant possession of the Premises in broom clean condition to Tenant with keys and all utilities in working order ready for Tenant to Commence Tenant’s Work (defined below). Additionally, Tenant shall have the right to terminate this Lease before the scheduled termination date (as the same may be extended) by giving at least ninety (90) days’ advance written notice to Landlord. The Parties agree to meet and confer to discuss extending this Lease at least one year prior to the Termination Date. If Tenant remains in possession of the Premises after any termination of this Lease, such possession by Tenant shall be deemed to be a month to-month tenancy (the “Holdover Term”). All provisions of this Lease shall apply to any Renewal Term and the Holdover Term. 4 The Initial Term, any Renewal Term, and any Holdover Term are collectively referred to as the “Term.” 5. Use of Premises only for Tuition-Free Education and Services. Section 1.6 of the Lease is amended and restated in its entirety as follows (for ease of reference only, added or modified language is in bold underline): 1.6 Exclusive Use for Tuition-Free Education and Services. Tenant will have access and exclusive use of the Premises for the operation of a preschool and for other related lawful purposes (including but not limited to preparation of food) seven (7) days per week, twenty-four (24) hours per day, subject to Landlord’s performance of maintenance, repairs, and inspections to the Premises as provided in this Lease. Unless separately authorized in writing by Landlord, Tenant shall use the Premises only for purposes and activities that are in furtherance of Tenant’s charitable purpose, namely providing Tuition-Free Education and Services to children of families meeting Tenant’s income criteria. Such criteria are targeted to serve children whose families otherwise cannot afford to provide a preschool education. In the event Tenant discontinues using the Premises to provide such services (beyond temporary closures beyond Tenant’s control and lasting less than 12 months), Landlord may treat the same as a default of the Lease and take such remedies as are otherwise provided in the Lease. 6. Parking. Section 1.7 Parking of the Lease is amended and restated in its entirety as follows (for ease of reference only, added or modified language is in bold underline and strike through, as applicable): 1.7. Parking. Landlord shall provide Tenant with the use of seven adjoining parking stalls in the parking lot located on the Property, as outlined on Exhibit D, which parking stalls are not part of the Premises but are reserved for the exclusive use of Tenant and its employees, agents, contractors, guests and invitees during scheduled school hours 8:00 AM – 5:00 PM Monday through Friday excluding Holidays. Tenant may Landlord will mark the stalls or install placards to indicate that the stalls are reserved. 7. Leasehold Excise Tax Exemption. Section 3 of the Lease is hereby amended and restated in its entirety as follows (for ease of reference only, added or modified language is in bold underline and strike through, as applicable): 3. Utilities; Taxes. Landlord shall provide the following services to the Premises: water, electricity, sewer, and heating and ventilation for the Premises seven (7) days per week, twenty-four (24) hours per day. Landlord shall be responsible for paying any and all property taxes for the Property, except Leasehold Excise Tax. Provided, the Parties acknowledge and agree that as a non-profit early learning provider, Tenant is exempt from leasehold excise tax under RCW 84.36.040. Tenant will obtain and maintain an exemption certificate from the Washington Department of Revenue (including filing any required renewals) and provide a current copy to Landlord on a yearly basis upon reasonable request . Tenant shall pay the cost of water, electricity, heating, and ventilation supplied exclusively to the Premises. Landlord shall use a reasonable method to allocate the proportionate costs to Tenant, and Tenant shall reimburse Landlord on a monthly basis upon receipt of an invoice from Landlord. Utilities will be based upon Tenant's percentage square footage used in the Building. The percentages as of the Third Amendment to this Lease are Tenant 54.43% and the City/Landlord 45.57% %, these amounts are subject to change based upon future amendments if the amendments affect the 5 percentage of the Building leased exclusively to Tenant. Tenant shall furnish and pay, at Tenant's sole expense, all other utilities (including, but not limited to, telephone, cable and internet service if available) and other services which Tenant requires with respect to the Premises. 8.Section 6/ Repairs and Maintenance; Surrender. Section 6 (Repairs and Maintenance; Surrender) of the Lease is hereby amended and restated in its entirety as follows (for ease of reference only, added or modified language is in bold underlined and strike through, as applicable): 6.Repairs and Maintenance; Surrender. Tenant shall, at its sole expense, maintain the Premises in good condition and promptly make all non-structural repairs and replacements necessary to keep the Premises safe and in good condition. Landlord shall, at its sole expense, maintain in good condition, repair and replace as necessary the existing Building structure, heating and ventilation systems, plumbing, foundation, slab, flashings, exterior walls, roof (including roof membrane, roof decking, roof gutters and drains), all utilities and other systems serving the Premises, and the Common Areas (including parking and playground areas located on the Property). In exchange for Tenant providing the Waste Removal as set forth in Exhibit E-3, Landlord agrees to take over the maintenance and repair of the six (6) mirage mini-splits on the following terms and conditions: (i)Until the Waste Removal handover date on September 1, 2023, Tenant will continue to inspect, maintain, and repair the six (6) mirage mini-splits system not less than quarterly. (ii)The mini-splits will be “As-Is” going forward. (iii)The Landlord will not and does not guarantee that the system of the boiler and the mini-splits is adequate to maintain the cooling or heating needs of the Premises for any comfort or certification/accreditation purposes as the mini-split additions were designed, acquired and installed by Tenant as a Tenant Improvement and not the Landlord. (iv)The Landlord also does not agree to install any additional mini-splits or different heating and cooling units or fixtures to or for the premises. (v)Landlord will inspect, maintain, and repair the six (6) mirage mini-splits system not less than quarterly. Landlord is not / will not provide the following services: (i)day-to-day service, which includes but is not limited to picture hanging, wall repair, painting, plumbing (for instance, clogged toilets or leaking sinks), or (ii)other handyperson services to the Premises not otherwise included in its structural or other maintenance, repair, and replacement obligations set forth in this paragraph. (iii)Landlord is not responsible for installation, inspection, maintenance or repair of the Tenant playground equipment or facilities. 6 Tenant shall not, however, be responsible for any repairs to the Premises made necessary by the negligence or willful misconduct of Landlord or its agents, employees, contractors or invitees. Landlord shall be responsible, throughout the Lease term, for ensuring that the Building (excluding the Premises) and the Common Areas comply with all applicable laws, including but not limited to the ADA, whether existing as of the Effective Date or as enacted, supplemented or modified from time to time. Upon expiration of the Lease term or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord in as is condition as thereafter improved by Alterations, reasonable wear and tear and casualty excepted. If maintenance or landscaping of the outdoor portion of the Premises is handled by Landlord’s employees and/or covered by an existing contract with a service provider as of the Effective Date, Landlord shall continue to be responsible for landscaping of the outdoor portion of the Premises throughout the Lease term; otherwise, Tenant shall be responsible for the cost of landscaping of such portion. 9.Services - Amendment of Shared Services Exhibit-E. Exhibit E (Shared Services) referenced in Section 7 (Services) to the Lease (the “Shared Services Exhibit”) is hereby replaced in its entirety by Exhibit E-3 (Revised Shared Services) attached to this Amendment. From and after the Effective Date of this Amendment, references to “Exhibit E” in the Lease are deemed references to Exhibit E-3 of this Amendment. 10.Waiver of RCW 51 Immunity. Section 12 of the Lease is hereby amended and restated in its entirety as follows (for ease of reference only, added or modified language is in bold underline and strike through, as applicable): 12.Mutual Indemnification. Each Party (as “Indemnifying Party”) shall indemnify, hold harmless, and defend the other party and its managers, officers, directors, employees, and agents (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, that are incurred by the Indemnified Party (collectively, “Losses”) related to any third-party claim arising out of the Indemnifying Party’s or the Indemnifying Party’s personnel’s (a) negligence or willful misconduct in connection with this agreement Lease; or (b) breach of this agreement Lease. It is further specifically and expressly understood that the indemnification provided in this Lease constitutes Bezos Academy and the City’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. Bezos Academy and Landlord have mutually negotiated and agreed to this waiver. 11.Amendment and Restatement. The Parties may mutually elect to amend and restate the Lease to incorporate all existing amendments to the terms and conditions of the Lease into a single document, for their mutual convenience. Neither Party is obligated to agree to such an amendment and restatement. 12.Full Force and Effect. Except as expressly amended in this Amendment, the terms and conditions of the Lease remain in full force and effect without modification [Signature Page Follows] 6/27/2023 6/27/2023 Approved by Cheryl Beyer via 6/20/2023 email STATE OF WASHINGTON ) )SS COUNTY OF On this�'�'` day o ,20a2, before me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared Armondo Pavone to me known to be the person (s) who signed as THE MAYOR of CITY OF RENTON, the Washington municipal corporation that executed the within and foregoing instrument,and acknowledged said instrument to be his free and voluntary act and deed and the free and voluntary act and deed of said Washington municipal corporation for the uses and purposes therein mentioned; and on oath stated that he was authorized to execute the said instrument on behalf of said Washington municipal corporation. IN WITNESS WHEREOF I have hereunto set my han d official-sepal the day and year first above written. \\�. \\\\tall,, (Signatu of Notary) o V (Pos (Print or stamp name of No ary) o � • " 57922 N ,� AVa�v = O NOTARY PUBLIC in and for the State of 'F1�1�W Asx�s``` Washington ' residing at My Appointment Expires: 8 10 EXHIBIT A-3 Revised Outline of the Premises (including outdoor areas) See Attached FABRIC REQUIRED ON FENCE TO ELIMINATE 3.75” GAP EXISTING TREES TO BE MAINTAINED AND USED FOR SHADE. EXISTING GRASS TO REMAIN AND BE MAINTAINED BY TENANT 6’ FENCE WITH CONCRETE MOW CURB POSTS TO LAND ON CURB CONCRETE TRIKE TRACK. TENANT TO MODIFY EXISTING SPRINKLER HEADS ON BOTH SIDES OF FENCEE AS REQUIRED. TENANT TO REVISE SPRINKLER MAIN SO IT DOES NOT RUN UNDER TRIKE TRACK. SPRINKLER WORK TO BE CONFIRMED WITH PARKS DEPARTMENT PRIOR TO WORK COMMENCING. (2) FOOT ACCESS NE OUTER FENCE EXCLUDE IRRIGATION FACILITY CONTROL Bezos Academy Outdoor Space RETAIN REMOVABLE FENCE PANELS Bezos Academy (3) Classrooms ELIMINATE EXISTING PARKING SPACE FOR SAFETY BY DUMPTER – IF NEEDED* (1)8’ VEHICLE ACCESS GATE 11 EXHIBIT E-3 Revised Shared Services (this section is not bold underline and strike through) Grass Mowing/Yard Maintenance. Landlord will perform regular grass mowing and yard maintenance on the Property as part of its regular maintenance program for the Property, except for portions of the Property included within the Premises and for the exclusive use of Tenant. Landscaping/Irrigation. Landlord will maintain landscaping and irrigation on the Property. Landlord will require occasional access to the Premises to perform maintenance and repairs. Access will be coordinated between Landlord and Tenant ahead of entry into Premises in accordance with Section 8 of the Lease. Exclusive garden space provided to Tenant as shown in Exhibit A-3 to the Lease, will be maintained by Tenant. Landlord acknowledges that Tenant’s maintenance of the garden is subject to the health and safety regulations for early learning gardens as set forth in WAC 110-300-0148. Tenant is also responsible for landscaping and maintenance of the playground area in the Premises. Plowing/Shoveling. Landlord will provide snow removal services to the parking lot, sidewalk, and walkways on the Property in priority established by the City. Landlord will perform work at the Property after the other City priority locations are completed. City staff makes no guarantee that snow removal will take place prior to school hours. To assist with City wide snow services, Tenant will notify the City if the school is closed due to weather conditions. Custodial and Services. Tenant, and not Landlord, is responsible for custodial services within the Premises. Landlord may be able to provide backup restroom supplies, including toilet paper, paper towels, trash bags, and toilet seat covers if needed. Pest Control. Pest Control will be managed by the Landlord and Tenant. As of the Date of this Amendment the WAC provides and the Parties agree as follows: WAC Responsible Party WAC 110-300-0255 Pest control. (1) An early learning provider must take appropriate steps to safely prevent or control pests that pose a risk to the health and safety of adults and children in and around the licensed space. Pest control steps must include: Tenant (a) Prevention. A provider must take steps to prevent attracting pests including, but not limited to, identifying and removing food and water sources that attract pests. Tenant (b) Inspection. Indoor and outdoor areas in and around the licensed space must be inspected for evidence of pests. A provider must document the date and location if evidence is found. (c) Identification. Pests found in the licensed space must be identified and documented so the pest may be properly removed or exterminated. Landlord 12 (d) Management. A provider must document steps taken to remove or exterminate the pests if found in the licensed space. (e) Notification. If pesticides are used, the early learning provider must notify the parents or guardians of enrolled children what pesticide will be applied and where it will be applied no less than forty-eight hours before application, unless in cases of emergency (such as a wasp nest). Tenant (f) Application. Pesticide must be applied to early learning program space when children are not present. When pesticide is applied, center providers must comply with chapter 17.21 RCW and family home providers must comply with the pesticide manufacturer's instructions. Landlord (2) An early learning provider must have a pest control policy that emphasizes prevention and natural, nonchemical, low-toxicity methods where pesticides or herbicides are used as a last resort (i.e., integrated pest management). Tenant Landlord will provide pest control inspection services to the Premises monthly, adhering to health and safety requirements in the early learning regulations, as set forth in WAC 110-300-0255 above. Following a pest control inspection, Landlord will forward the inspection report to Tenant. If pesticides are needed at any time for the Premises, Landlord will provide Tenant with no less than 72 hours notification prior to application. Waste Removal. Until the Waste Removal Handover Date of September 1, 2023, Landlord will continue to provide waste removal consistent with the Lease before taking into effect the Third Amendment to Lease Agreement. Effective September 1, 2023, Tenant is responsible for all waste removal and all waste removal services from the Premises. Tenant is responsible for all labor and supply costs for their waste removal services. Tenant will contract directly with the company under the City-wide contract for “Comprehensive Garbage, Recyclables, and Compostables Collection” - waste removal services. Tenant must collect their own waste/garbage and place it in the Tenant designated waste removal area and containers as illustrated on Exhibit A-3. Tenant is responsible to provide access to containers by hauler for pick up. Tenant will be responsible for installation of a dumpster enclosure. Tenant will follow all City and state codes and laws and will apply for permits as needed. The design of the dumpster enclosure will be subject to the City’s prior written approval at a minimum, have a black chain link fence with black slats and a sloped covering on top. Tenant will keep the container area locked. Tenant will clean the dumpster area with at a minimum, regular sweeping, debris pick up, and pressure washing. The Landlord (Facilities and Parks) agrees for safety purposes, if needed, to lose /eliminate one parking stall as a result of waste/dumpster services area by Tenant. However, if a parking space is needed, it must be made as an exception by the City's Permit Department (CED) in the permitting process. 13 Fire Monitoring System. Fire Monitoring will be managed by the Landlord and Tenant. As of the Date of this Amendment the WAC provides and the Parties agree as follows: WAC Responsible Party WAC 110-300-0170 Fire safety. (1) An early learning provider must comply with the state building code, as now and hereafter amended, pursuant to RCW 19.27.031. Both Parties Each party agrees to comply as related to their respective responsibilities. (2) An early learning provider must arrange for a fire safety inspection annually. A provider must arrange a fire safety inspection with a local government agency. If a local government agency is not available to conduct a fire safety inspection, a provider must inspect for fire safety using the state fire marshal form. Landlord (3) To ensure a safe environment for children in care, an early learning provider must comply with the following fire safety requirements: (a) Combustible materials. (i) Combustible materials must be properly discarded pursuant to local jurisdictions, removed from the premises, or properly stored in closed metal containers specifically designed to hold such combustible materials; (ii) Combustible materials stored in a closed metal container must not be stored in the premises licensed space or any place that may be accessible to children in care; (iii) Combustible materials include, but are not limited to, lint, gasoline, natural gas, diesel, fuel, propane, rags soaked in combustible materials, oils, chemicals, or solvents. (b) Furnaces and other heating devices. (i) Paper, rubbish, or other combustible materials must be at least three feet from furnaces, fireplaces, or other heating devices; (ii) Furnaces and other heating devices must be inaccessible to children in care; and (iii) An appliance or heating device that has a surface capable of burning a child or reaching 110 degrees Fahrenheit must be inaccessible to children in care unless a program activity involves such an appliance or device and children are being actively supervised. (c) Electrical motors. Electrical motor fans and appliances must be regularly cleaned to prevent accumulation of dust or lint. (d) Open flame devices, candles, matches and lighters. (i) Except for the use of a gas kitchen range, open flame devices must not be used in early learning program space or Tenant 14 any other space accessible to children in care during operating hours; (ii) Candles must not be used during operating hours; (iii) Matches and lighters must be inaccessible to children. (e) Portable heaters and generators. Portable heaters or fuel powered generators must not be used inside early learning program space during operating hours. (i) In case of an emergency, a generator may be used but must be placed at least twenty feet from buildings, windows, doors, ventilation intakes, or other places where exhaust fumes may be vented into the premises or early learning space; and (ii) Appliances must be plugged directly into a generator or into a heavy duty outdoor-rated extension cord that is plugged into a generator. (f) Fireplaces, woodstoves, or similar wood burning heating devices. Chimneys, fireplaces, gas burning fireplaces, wood stoves or similar wood-burning devices must be inspected annually by a state or locally certified inspector, unless the provider submits to the department a written statement that the chimney, fireplace, wood stove or similar wood-burning device will not be used at any time. (g) Fire alarms and smoke and carbon monoxide detectors. (i) An early learning provider must have and maintain at least one smoke detector per licensed sleeping area and one per floor. Pursuant to the state building code, center early learning providers must comply with WAC 51-50-0907, as now and hereafter amended, and family early learning providers must comply with WAC 51-51-0314, as now and hereafter amended; and (ii) An early learning provider must have and maintain carbon monoxide detectors. Pursuant to the state building code, center early learning providers must comply with WAC 51-50-0915, as now and hereafter amended, and family early learning providers must comply with WAC 51-51-0315, as now and hereafter amended Landlord (h) Backup method to sound an alarm. In addition to working smoke detectors, an early learning provider must have another method to alert all staff and enrolled children of a fire, emergency situation, or drill. Tenant (i) Extinguishers. An early learning provider must have and maintain working fire extinguishers that are marked with a minimum rating of 2A:10 BC. Landlord 15 (i) Fire extinguishers must be located pursuant to the state building code chapter 51-54A WAC, as now and hereafter amended, and must be readily available for use in case of an emergency; (ii) Fire extinguishers must be located on each level of the early learning program space used by children and mounted within seventy-five feet of an exit next to the path of the exit; and (iii) If a fire extinguisher is mounted in a closet, there must be a sign indicating the location of the extinguisher and obstructions must not block access to the closet. (j) Monthly inspections. An early learning provider must involve staff responsible for different groups of children or individual classrooms during monthly inspections. At least once per month, a provider must inspect the premises to identify possible fire hazards and eliminate any hazards found including, but not limited to: (i) Fire extinguishers; (ii) Smoke detectors; (iii) Alternate alarms; and (iv) Emergency lighting (j) (i) – Landlord (j) (ii) – Landlord (j) (iii) – Tenant (j) (iv) Landlord Landlord will provide a copy of the inspection report to Tenant. Following these inspections, or at any other time a party becomes aware of an issue, they will inform the other party if any of these systems are broken, defective, or otherwise require service or repair. Landlord will add a Tenant representative on the fire monitoring call list for emergency notification purposes. Landlord will provide prior written notification to Tenant staff for any inspections related to the fire monitoring system that require access to the Premises.