HomeMy WebLinkAboutLeaseDocusign Envelope ID: C0D5AEAB-7 A62-4169-B019-937EA8BFE262
LEASE
THIS LEASE AGREEMENT ("Lease") is made this_day of May, 2025, between Selfoss, LLC, a
Washington limited liability company, ("Lessor"), and the City of Renton, a Washington municipal
corporation with principal offices at 1055 South Grady Way, Renton, WA 98057 ("City" or "Lessee").
WHEREAS, the City is granted authority to lease property under RCW 35A.ll.010; and
WHEREAS, the City is relocating its farmers market for the 2025 season to the portion of
Williams Ave S between South 2nd Street and South 3rd Street and desires to include part of Lessor's
property in its 2025 market location; and
WHEREAS, the Lessor desires to engage in the Renton community by providing a location to host
a portion of the City of Renton's farmers market; and
WHEREAS, the City deems it to be for the common benefit of the public to enter into this Lease;
Now, therefore, for good and valuable consideration, receipt of which is hereby acknowledged,
the parties agree to the following terms:
1.Leased Premises. Lessor leases to Lessee the property commonly known as 201 Williams Ave South,
Renton, WA 98057 and described as follows:
BLOCK 25, PLAT OF THE TOWN OF RENTON, EAST 45 FEET OF LOTS 1 & 2, LESS PORTION
FOR ALLEY TO CITY OF RENTON;
TOGETHER WITH LOTS 18 THRU 20, LESS PORTION FOR ALLEY TO CITY OF RENTON;
SITUATED IN KING COUNTY, WASHINGTON.
Tax parcel number 723150-2265 (the "Premises").
2.Use. Lessee may use the exterior portion of the Premises designated in Exhibit A (the "Market Area")
for its farmers market hereinafter referred to as the "Renton Farmers Market" or "RFM." The Market
Area consists of approximately 8,100 square feet of paved parking and a patio. Lessee may engage in
activities incident to and related to the farmers market on the Premises.
2.1. Lessee may use the restrooms and mop sink located inside the building on the Premises
(labeled in Exhibit A as "201 Williams Ave S," hereinafter the "Building") for RFM vendors, staff and
volunteers on Market Days during the Market Season described in Section 3.
2.2 Lessee may store RFM personal property which may include, but is not limited to, sandwich
board signs, canopies, canopy weights, and chairs. Storage shall be as space allows in a location within
the Building that is approved by Lessor, provided that such storage will not interfere with Lessor's right
of entry and use of the Building for activities including, but not limited to, showing the Premises to
prospective tenants. If Lessor intends to show the Premises on Market Days, Lessor will provide the City
with reasonable advance notice. Lessee may access the Building no earlier than May 20, 2025 for
purposes of storing RFM personal property.
2.3 The Building is currently unoccupied. Lessor will notify Lessee in writing before granting
LAG-25-002
Docusign Envelope ID: C0D5AEAB-7 A62-4169-B019-937EA8BFE262
access, occupancy, or possession to a new tenant of the Building during the term of this Lease. Neither
Lessor, nor Lessor's tenants or invitees may interfere with Lessee's exclusive possession of the Market
Area on Market Days. All terms of this Lease remain in effect and binding unless modified in writing by
the parties.
3.Term and Hours of Operation. The term of this Lease shall be from Tuesday, May 20, 2025 through
Friday, October 3, 2025. The City may operate a portion of the Renton Farmers Market on the Market
Area for eighteen (18} consecutive Tuesdays (each a "Market Day") beginning Tuesday, June 3, 2025,
and ending Tuesday, September 30, 2025 (11Market Season11 }. Hours of Operation each Market Day shall
be from 11:00 AM to 9:00 PM. This 10-hour time frame includes RFM set-up and take-down. City will have
exclusive use of the Market Area on each Market Day to install, access, operate, maintain, repair,
replace and remove Renton Farmers Market booths, equipment, and related materials ("RFM Facilities")
for so long as this Lease remains in effect. The Market Area will be open to the public between 3:00 PM
and 7:00 PM.
4.Construction and Installation of the Farmers Market. RFM shall be constructed and installed
accordance with all laws, rules, regulations, ordinances and requirements of governmental agencies,
offices and boards having jurisdiction. Lessee will provide a map of vendor locations in the Market Area
to Lessor in advance of the first Market Day.
At the conclusion of the Market Season and this Lease, City shall promptly restore any portion of
the Market Area disturbed by the City's use to the condition as existed prior to the commencement of
RFM.
5.Compliance with Laws. City must comply with all federal, state and local laws with respect to its use
of the Premises. The City, at its expense, shall be solely responsible for securing any and all required
franchises and permits for RFM.
6.Access to the Premises. City representative will be given access to keys and/or codes to enter the
Building and all other parts of the Premises upon execution of this Lease. City may access the Premises
other than Market Days provided that such access does not interfere with or delay other operations of
the Premises in any manner. Any access required outside of the scheduled Term and Hours of Operation
set forth in Section 3 shall be coordinated with Lessor's member, Dave Brethauer, at (206) 371-0348.
Lessor and Lessor's authorized representatives shall have access to the Premises at all times
provided said representatives do not disrupt RFM operations.
7.Authority to Contract. This Lease cannot bind the Lessee until the Lease is approved or ratified by the
Renton City Council.
8.Termination. Either party may terminate this Lease upon giving sixty (60) days' prior written notice to
the other party.
9.Maintenance and Removal. Except as otherwise provided herein, Lessor is responsible for security,
repair, and maintenance of the Premises. The parties will ensure the Market Area remains in good
repair, cleanliness, and condition throughout the term of this Lease. Lessee will clean up and remove
debris and trash from the Premises at the end of each Market Day and generally restore the Premises to
the condition it was in at the beginning of the Market Day. Each party will be responsible for enforcing
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noise and nuisance codes in the Market Area.
10.Hazardous Substances. Lessor warrants that, to its knowledge, no hazardous substance, toxic waste,
or other toxic substance has been produced, disposed of, or is or has been kept on the Premises hereby
leased which would subject the owner or user to any damages, penalty, or liability under any applicable
local, state, or federal law or regulation.
11.Indemnification.
The City agrees to indemnify Lessor from and against any and all claims, demands or causes of
action and the resulting losses, costs, expenses, reasonable attorney fees, liabilities, damages,
orders, judgments or decrees arising out of willful misconduct or negligent acts, errors, or omissions
of the City or its agents related to the installation, operation, maintenance, repair or removal of
RFM Facilities.
The City's obligation to defend, indemnify and hold harmless shall not extend to injuries,
sickness, death or damage caused by or resulting from a) the sole willful misconduct or sole negligence
of the Lessor, or b) the concurrent negligence or willful misconduct of the Lessor or a third party other
than an officer, agent, contractor or employee of the Grantee.
12.Attorneys' Fees. In the event that either party commences litigation or arbitration proceedings
against the other party relating to the performance or alleged breach of this Lease, the prevailing party
shall be entitled to all costs, including reasonable attorneys' fees incurred, relating to such litigation,
including those incurred in the event of any appeal.
13.Jurisdiction and Venue. Any litigation filed by either party arising of or relating to this Lease shall be
filed in King County Superior Court except as to matters which are exclusively within the jurisdiction of
the Federal Court and as to such matters venue shall be in the Western District of the United
States District Court at Seattle, Washington.
14.Notice. Unless expressly otherwise agreed between the parties every notice or response required
by this Lease to be served upon the Lessor or the City shall be in writing and shall be deemed to have
been duly given to the required party: (a) five (5) business days after being posted in a properly
sealed and correctly addressed envelope when hand delivered or sent by mail, postage prepaid,
or (b) upon receipt when sent by overnight delivery through a nationally recognized courier service
which provides a receipt of delivery, or(c) upon receipt when hand delivered. Email notice is sufficient
notice under this provision upon the recipient's acknowledgment of receipt.
Notices or responses to the Lessor shall be addressed as follows:
SELFOSS LLC
Attn: Dave Brethauer
10232 63rd Ave S
Seattle WA 98178
Email: daveb@cortonallc.com
Notices or responses to the City shall be addressed as follows:
City of Renton Parks and Recreation Department
Attn: Farmers Market Coordinator
Renton City Hall, 6th Floor
Docusign Envelope ID: C0DSAEAB-7 A62-4169-B019-937EA8BFE262
1055 S Grady Way
Renton, WA 98057
Email: CLOlson@rentonwa.gov
The Lessor and City may designate such other addresses from time to time by giving written notice to
the other but notice cannot be required to more than one address.
15.Miscellaneous. The headings and sections and paragraphs of this License are for convenience of
reference only and are not intended to restrict, affect or be of any weight in'· the interpretation of
construction or the provisions of such sections or paragraphs. This License contains the entire
agreement between the parties and, in executing it, Licensor and City do not rely upon any statement,
promise, or representation, whether oral or written, not expressed herein.
16.Assignment. This License and the rights, duties and obligations given hereunder may not be assigned,
transferred, or otherwise conveyed by the City, without the prior written consent of the Licensor.
IN WITNESS WHEREOF the parties hereto have signed this License as of the day and year first above
written.
LESSEE
By: ___________ _
Armando Pavone, Mayor
Dated: ___________ _
ATTEST
By: ___________ _
Jason A. Seth, City Clerk
Date: ____________ _
APPROVED AS TO FORM
By: ___________ _
Blythe Phillips, Assistant City Attorney
LESSOR
By:
�!�!,�:thauer, Selfoss, LLC
George David Brethauer, Member
5/7/2025 I 10:17 AM PDT Dated: ____________ _ 6/23/2025
Approved by Blythe Phillips via email 5/3/2025
Docusign Envelope ID: C0D5AEAB-7 A62-4169-B019-937EA8BFE262
Exhibit A: