HomeMy WebLinkAboutAdden 4LAG -01-006, Adden #4-16
DEPARTMENT OF COMMUNITY SERVICES
FOURTH AMENDMENT TO LAG -01-006
Between
CITY OF RENTON and KING COUNTY SEXUAL ASSAULT RESOURCE CENTER
This Fourth Ame26t
to the Lease (the "Fourth Amendment") is entered into as of
this � day of2016, the ("Effective Date"), by and between the City of
Renton, Washington, a Washington municipal corporation ("Landlord"), and King County
Sexual Assault Resource Center, a non-profit corporation registered in Washington
("Tenant"), jointly referred to as the "Parties".
Recitals
WHEREAS, by this written amendment, the Parties mutually agree to amend the
original and existing Lease Agreement, and the previous mutually agreed written
amendments of that original and existing Agreement (with each amendment and the
original agreement collectively referred to as "Lease"), under which Tenant leases the
premises commonly known as Suite 10, located on the ground floor of the 200 Mill
Avenue South Building, Renton, Washington (the "Building"), entered into by the Parties
on or about October 25, 2001 ("Original Lease," Reference: LAG -01-006),
WHEREAS, pursuant to the Original Lease, Tenant now leases Suite 10, which is
approximately seven thousand four hundred twenty-one (7,421) rentable square feet in
the Building.
WHEREAS, Landlord and Tenant desire to expand the premises to include the
three thousand nine hundred seventy-five (3,975) square foot Suite 400 premises on the
fourth floor of the Building ("Suite 400") in addition to the existing premises.
WHEREAS, Tenant and Landlord have agreed to provide Suite 400 on an "as is,
where is" basis, with no improvement work, other than new locks, keys and tenant
signage for the premises.
Prior Amendments to LAG #01-006
Amendment 01-04, executed June 15, 2004, which extended the term of the Lease
through 3/31/10 and changed the monthly rents.
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Amendment Q2-09, executed dated October 1S, 20q9, that extended the term of the
lease through 2/28/2015; changed the monthly rents; provided for minor tenant
improvements; and provided an optian for a five(5)-year extension.
Amendment 03�15, executed dated February 27, 2015, that extended the lease term for
five (5) years through 2/29J2020; changed the monthly rents and base year; pravided
for tenant improvements;and provided an option for a five(5)-year extension.
SECTION 2. Lease Subsection 1(i),entitled Minimum Manihly Rent,shalE be amended to
add monthly re�tal rates for the faurth floor expansion iease,to read as fallows:
FOURTH �LOOR EXPANSlON SPACE
"Minimum Monthly Rent" for Suite 400 means the following amounts,
paid in accordance with Article 5 of the tease, as provided by the
following periods during the Term af this lease. 7'he base year for
caicuiating operating expenses for Suite 400 shall be calendar year 2417.
Period MonthlvAmount
1»icials: ,)anuary 1, �8�fi 2017—January $0.00 pe�month
Landlord 31, 2017:
'fenant f february 1,2017—Dec. 31, 2017: $5,79b.87 per month
{$17.50 psf)
Jan. 1, 2018—Dec. 31, 2Q18 $5,962.50 per month
($18.00 psfy .
Jan. 1, 2019—Feb. 29, 2020 $6,128.12 per month
t18.50 psf}
After March 1, 202�
Only by mutual written consent of
both parties
Ail of the foregoing dates shall be moved out by one day for each day from Detember
15,2016 until the date on which Landlord delivers possession of Suite 400 to Tenant.
SECTION 2. Lease Section 3 entitled Premises and Appurtenances, shall be amended
to add the following:
Suite 400 will be leased by Landlord to Tenant commencing December
15, 201b, or such as soon as this Amendment is fu(ly executed and
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exclusive possession of Suite 400 is tendered to Tenant (the "Suite 400
Start Date"), with an expiration date that is co -terminus with Tenant's
existing Lease, February 29, 2020. This term may only be extended by
mutual written agreement of the Parties.
Provided that Tenant is not in material default of the Lease following
receipt of notice and expiration of any applicable cure period, Tenant will
have the right, effective on or after December 15, 2017, to terminate the
lease with respect to Suite 400 only. Tenant must provide Landlord with
seven (7) months prior notice of lease termination, and on or before the
early termination date, Tenant shall pay to Landlord a termination fee
equal to (a) the unamortized portion of the leasing commission paid by
Landlord with respect to this Amendment calculated on a straight line
basis using an 8% interest rate, plus (b) the equivalent of one (1) month's
Base Rent for Suite 400 at the rate payable in the month in which the
early termination date occurs.
For example, if Tenant wishes to terminate the Lease effective as of
December 30, 2017, Tenant must provide written notice to Landlord no
later than May 31, 2017. The unamortized leasing commission shall be
the portion of the lease commission attributable to the 26 month period
from January 1, 2018, through February 29, 2020, and the one month of
Base Rent shall be calculated using the rate in effect in December 2017.
SECTION 3. Lease Subsection 14(a), entitled Tenant Improvements, shall not be
applicable to Suite 400 and with respect to Suite 400 shall be deleted and replaced by
the following language:
(a) Tenant Improvements. Tenant shall accept Suite 400 in an
as is, where is" condition, excepting that Landlord will provide new
locks, keys and signage to building standards for Tenant.
SECTION 4. Lease Subsection 38(b), entitled Broker, shall not be applicable to Suite 400
and with respect to Suite 400 shall be deleted and replaced by the following language:
Broker. Landlord and Tenant acknowledge that Kidder Mathews
represents the Landlord in this transaction and Rob Nielson and Hughes
McLaughlin of Jones Lange LaSalle represent the Tenant. Both parties are
aware of, and acknowledge, the real estate laws in Washington. Upon
execution, Landlord shall pay to Jones Lange LaSalle, for the benefit of
Rob Nielson and Hughes McLaughlin a market brokerage fee, equal to
$1.00 per square foot per year, excepting any free rent periods. Except
for the brokers listed above, Tenant and Landlord each represent and
warrant to the other that neither has had any dealings or entered into
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any agreements with any person, entity, broker or finder in connection
with the negotiation of this Fourth Amendment, and no other broker,
person, or entity is entitled to any commission or finder's fee in
connection with the negotiation of this Fourth Amendment, and Tenant
and Landlord each agree to indemnify, defend and hold the other
harmless from and against any claims, damages, costs, expenses,
attorneys' fees or liability for compensation or charges which may be
claimed by any such broker, finder or other similar party of reason of any
dealings, actions or agreements of the indemnifying party.
[The remainder of this page is blank; signatures appear on the following pages.]
DWT 308432080 0050033-000447
11WI -11,1111
King County Sexual Assault Resource Center, a non-profit corporation registered
in Washington
By:
Mary Ellen Stone
Executive Director
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day of December, 2016, before me, a Notary Public in and for the
State of Washington, personally appeared Mary Ellen Stone, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person who executed this
instrument, on oath stated that she was authorized to execute the instrument, and
acknowledged it as the Executive Director of King County Sexual Assault Resource
Center, to be the free and voluntary act and deed of said corporation for the uses and
purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
year first abgv0% W fb*-We,�
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DWT 308432080 0050033-000447
IN WITNESS WHEREOF, the Parties execute this Fourth Amendment as of the Effective
Date.
LANDLORD
The City of Renton, Washington, a Washington
Municipal Corporation
By:
Denis Law, Mayor
ATTEST:
By
DWT 308432080 0050033-000447
STATE OF WASHINGTON
) ss.
COUNTY OF_I
On this _� day of P$(', m ie/ 2016, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn personally appeared
that executed the foregoing instrument, and acknowledged
the said instrument to be t4 free a voluntary act and deed of said corporation, for the purposes therein
mentioned, and on oath stated that he/she was authorized to execute said instrument.
I certify that I know or have satisfactory evidence that the person appearing before me and making
this acknowledgment is the person whose true signature appears on this document.
WITNESS my hand and official seal hereto affixed the day and year in the certificate above written.
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Signature
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/i e9'"RY PUBLIC in and for the State of
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�//1i OF WASNO�I�
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