HomeMy WebLinkAboutRooftop Site Lease Agreement - Cintas and RPD1
SUBJECT/TITLE:Rooftop Site Lease Agreement - Cintas and RPD
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Police
STAFF CONTACT: Michelle Canzano, Administrative Assistant to
Police
EXT.: 7507
$60.00, plus any applicable taxes and utilities, per month
Renton PD shall use the premises solely for the storage and limited testing/maintenance of drones
and related equipment approximately 500 square feet at 1001 SW 34th St, Renton, WA 98057.
To approve the lease with Cintas Corporation for $60.00 per month, plus any applicable taxes and utilities.
City Council Regular Meeting
FISCAL IMPACT SUMMARY:
SUMMARY OF ACTION
STAFF RECOMMENDATION
ROOFTOP SITE LEASE AGREEMENT
BETWEEN CINTAS CORPORATION AND THE CITY OF RENTON
This Rooftop Site Lease Agreement (“Lease”) is made as of this 1st day of January
2026, (the “Effective Date”) by and between the City of Renton, a Washington municipal
corporation (the “City” or the “Tenant”), and Cintas Corporation No. 2, a Nevada corporation
(“Landlord”). The Landlord and Tenant are sometimes referred to in this Lease individually
as a “Party” or collectively as the “Parties.”
WHEREAS, the City is seeking to make use of infrastructure improvements that
benefit public safety; and
WHEREAS, the City may lease private property for municipal purposes under RCW
35A.11.010; and
WHEREAS, the Landlord owns certain improved real property located within the City
of Renton; and
WHEREAS, the City desires to lease a portion of the rooftop of such property for the
installation, storage, and operation of its public safety aviation equipment; and
WHEREAS, the Landlord is willing to lease such rooftop space to the City under the
terms set forth herein.
NOW THEREFORE, for valuable consideration, the sufficiency of which is
acknowledged, the Parties agree as follows:
1. LEASED PREMISES
1.1 Location of Premises: Landlord hereby leases to Tenant a portion of the roof top of
its building located at 1001 SW 34th ST, Renton, WA 98057 (tax parcel ID # 125381-
0260) (the “Building”) in the City of Renton, County of King, State of Washington, a
legal description of which is included in Exhibit A, which is attached hereto and
incorporated by this reference (the “Land”).
1.2 Dimensions of Premises: The portion of the rooftop leased to Tenant shall be as
located and outlined on the visual depiction attached hereto as Exhibit B, and shall
consist of approximately five hundred (500) square feet (hereinafter referred to as the
“Premises”). The Premises are not being leased based on an exact square footage.
The stated area of the Premises is approximated only and is given solely for
identification purposes. The rent and other charges due is not based upon the actual
area of the Premises. The Premises include only the rooftop area shown on Exhibit B;
no appurtenant rights are granted except as expressly provided in this Lease.
2
1.3 Common Areas: Tenant shall have a non-exclusive right of access over interior
Building common areas reasonably necessary to access the Premises solely for the
purposes and during the times permitted under this Lease, together with space
reasonably necessary (as approved by Landlord in writing) for conduits and cabling
to the nearest utility connection point. No rooftop or Building penetrations or
anchoring are permitted without Landlord’s prior written approval.
2. USE OF THE PREMISES
2.1 Permitted Use: The Premises shall be used solely for the installation, operation,
maintenance, inspection, repair of the Tenant’s public safety aviation equipment
(“Equipment”), including, without limitation, electronic aviation devices, antennas,
radios, cameras, equipment shelters, conduits, power sources and connections
thereto, wireless internet infrastructure, and any necessary support structures,
consistent with Exhibit B.
2.2 Compliance and Permits: The Tenant, at its sole cost, shall obtain and maintain all
permits, licenses, and governmental approvals for the installation, operation, and
maintenance of the Tenant’s Equipment. The Tenant shall comply with all federal,
state, and local laws, ordinances, and regulations with respect to its use of the
Premises. Without limitation, Tenant shall comply with Federal Aviation
Administration rules and guidance (including 14 C.F.R. Part 107 or any applicable
Certificate of Waiver or Authorization) and airspace restrictions. Operations shall not
interfere with the Building or other occupants.
2.3 Rooftop Integrity: All work performed by the Tenant shall be done in a good and
workmanlike manner, in compliance with all applicable laws, manufacturer
specifications, and the requirements of Landlord’s roof warranty, and in a manner
that minimizes interference with Landlord’s operations. Landlord shall provide a
written copy containing the terms of Landlord’s roof warranty to Tenant prior to the
installation of any Equipment. Tenant shall be solely responsible, at Tenant’s cost and
expense, for ensuring that any and all penetrations of the roof deck or membrane are
properly sealed, and that Tenant’s installation, maintenance, operation, and removal
of Tenant’s Equipment do not void, impair, or otherwise adversely affect any existing
or future roof warranty. Tenant shall promptly repair, or cause to be repaired, to
Landlord’s satisfaction, any damage to the roof or Building caused by Tenant’s
Equipment or Tenant’s activities, including without limitation any leaks, structural
issues, or warranty impairments. If Tenant fails to make such repairs within a
reasonable time after notice from Landlord (or immediately in the event of an
3
emergency), Landlord may make such repairs on Tenant’s behalf, and Tenant shall
reimburse Landlord for costs incurred therefor.
2.4 Access: Tenant shall coordinate all access to the Premises with Landlord’s
designated representative. Tenant shall have access to the Premises solely for the
limited purpose of installing, inspecting, maintaining, repairing and removing
Tenant’s Equipment, and not for routine or continuous use. Except in the event of an
emergency, all rooftop access by Tenant shall be subject to Landlord’s prior written
approval and limited to the dates, times, and personnel approved by Landlord.
Landlord may require reasonable advance notice of any requested access and may
require that such access occur during normal business hours and/or under Landlord
supervision. All access shall be conducted in a manner that does not interfere with
or disrupt Landlord’s operations or any rooftop systems. Tenant shall comply with all
reasonable rooftop and Building access policies and procedures established by
Landlord from time to time.
2.5 Non-Interference: Landlord shall not knowingly install rooftop equipment that
would materially interfere with the normal operation of the Equipment; provided,
Landlord shall have no liability for interference caused by third parties or existing
conditions. Notwithstanding the foregoing, Landlord shall not be responsible for
interference caused by equipment or activities of third parties not under Landlord’s
control, or by conditions existing as of the Effective Date. In the event Tenant
reasonably determines that material interference is occurring, the Parties shall
cooperate in good faith to promptly identify the source of such interference and to
use commercially reasonable efforts to eliminate or mitigate the interference.
Landlord shall not be required to take any action that would materially impair the
Building, violate applicable law, or interfere with Landlord’s operations. If unresolved
within thirty (30) days after notice (as extended while mitigation is diligently pursued),
Landlord may, in its discretion, relocate Tenant within the rooftop or terminate this
Lease without liability.
3. TERM
3.1 Term: This Lease shall commence on January 1, 2026 (“Commencement Date”), and
shall continue for five (5) years (the “Initial Term”). Unless either Party provides written
notice of its intent not to renew at least sixty (60) days prior to the expiration of the
Initial Term, this Lease shall automatically convert to a month-to-month tenancy
upon the same terms and conditions set forth herein, except as otherwise expressly
provided, and may thereafter be terminated by either Party upon sixty (60) days’ prior
4
written notice. For avoidance of doubt, the termination option shall apply only to the
month-to-month tenancy after the Initial Term has expired.
3.2 Termination: Tenant may terminate this Lease during the Initial Term upon not less
than sixty (60) days’ prior written notice to Landlord if Tenant determines in good faith
that continued use of the Premises is no longer necessary or appropriate for Tenant’s
public purposes. Upon any termination, Tenant shall remain liable for all rent accrued
through the effective date of termination and shall remove Tenant’s Equipment and
restore the Premises in accordance with this Lease.
3.3 Default. Either Party may terminate this Lease upon written notice if the other Party
breaches any material term or condition of this Lease and fails to cure such breach
within thirty (30) days of receiving written notice thereof.
4. RENT, TAXES & UTILITIES
4.1 Monthly Rent: Tenant shall pay a monthly rental amount of $60.00, plus any
applicable taxes and utilities, as described herein. Payment shall be due on the first
day of each and every month during the term hereof, or paid annually on January 1st
until such point that this Lease is terminated, and subject to a five (5) day grace
period. Tenant shall remit such payment to Landlord at 1001 SW 34th St., Renton, WA
98057, Attn: General Manager, unless agreed otherwise in writing.
4.2 Taxes: Tenant (The City) is an exempt municipal corporation and is not subject to
state or local real property taxes. However, Tenant shall be responsible for all taxes,
assessments, and governmental charges, including any Possessory Interest Tax,
levied or assessed against the Tenant’s leasehold interest in the Premises or the
Tenant’s personal property and equipment located thereon. Tenant shall also be
responsible for any rental or use taxes applicable to rent and charges payable
hereunder.
4.3 Utilities: Tenant agrees to reimburse Landlord for any and all utility costs incurred by
Landlord as a result of Tenant’s use of or maintenance upon the Premises, unless the
Parties agree otherwise in writing that Tenant will pay the utilities directly. Utilities
may include use of additional facilities necessary to connect the Tenant’s Equipment
to the internet and electricity. Backup power systems may be installed with
Landlord’s approval and must comply with applicable regulations.
5
5. LIABILITY & INSURANCE
5.1 Indemnification: To the extent permitted by applicable law, each Party (the
“Indemnifying Party”) shall defend, indemnify, and hold harmless the other Party (the
“Indemnified Party”), and its respective officers, employees, agents, and contractors,
from and against any third-party claims, demands, causes of action, damages,
losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising
out of or resulting from the negligent acts or omissions or willful misconduct of the
Indemnifying Party or its officers, employees, agents, or contractors with this Lease.
Notwithstanding the foregoing, the Indemnifying Party shall have no obligation to
indemnify or defend the Indemnified Party for any claims arising out of the sole
negligence or willful misconduct of the Indemnified Party. In the event of concurrent
negligence, each Party shall be responsible for its proportionate share of fault.
Nothing in this Section shall be deemed to waive or limit any statutory defenses,
immunities, or limitations of liability available to Tenant as a municipal entity under
applicable law.
The obligations set forth in this Section shall survive the expiration or earlier
termination of this Lease with respect to claims arising from events occurring prior to
such expiration or termination.
5.2 Insurance: At all times throughout the course of its tenancy, Tenant shall maintain a
Commercial General Liability Insurance policy in an amount not less than $1,000,000
per occurrence for bodily injury and property damage, listing the Landlord as an
additional insured. The Tenant shall provide Landlord with a certificate of insurance
upon the Effective Date of this Lease, and annually thereafter upon request.
5.3 Hazardous Materials: Landlord 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 Tenant or
its agents to any damages, penalty, or liability under any applicable local, state, or
federal law or regulation.
Tenant shall not cause or permit the use, storage, release, or disposal of any
Hazardous Materials on, under, or about the Premises without Landlord’s prior
written consent and in strict compliance with all applicable Environmental Laws.
Tenant shall be solely responsible for any violation of such laws arising from its
operations or activities.
6
5.4 Attorney’s Fees: In the event that either Party commences litigation or arbitration
proceedings against the other Party arising out of the performance or alleged breach
of this Lease, each Party shall be responsible for its own costs, including any
reasonable attorneys’ fees incurred, relating to such litigation, including those
incurred in the event of any appeal.
5.5 Landlord’s Use; Assumption of Risk: Tenant acknowledges and agrees that
Landlord’s normal operations at and within the Building and the Land may generate
and discharge lint, dust, fibers, and similar airborne materials (“Lint”), which may be
released into the atmosphere and may settle on or otherwise affect the roof of the
Building and the Premises. Tenant further acknowledges that the presence and
discharge of Lint is a normal and ongoing condition of the Land and is not a defect or
nuisance. Tenant assumes all risk of any damage to Tenant’s Equipment, drones,
materials, or operations arising out of or related to the presence, accumulation, or
discharge of Lint, regardless of whether such Lint is continuous or intermittent.
Landlord shall have no responsibility or liability whatsoever for any loss, damage,
interference, or operational disruption suffered by Tenant or any third party arising
from or related to the discharge, migration, or accumulation of Lint. Tenant
acknowledges that the Premises are accepted “AS IS,” with all faults, and that the
existence of Lint shall not give rise to any claim for damages or other relief against the
Landlord.
6. MAINTENANCE & REMOVAL
6.1 Maintenance: Except as otherwise provided herein, Landlord is responsible for
security, repair, and maintenance of the Premises. The Parties will work together to
ensure the Premises remains in good repair, cleanliness, and condition throughout
the term of this Lease.
6.2 Removal upon Expiration or Termination. Upon the expiration or earlier termination
of this Lease, Tenant shall promptly remove its Equipment and restore the Premises
to their original condition, except for reasonable wear and tear and any modifications
made after written approval of Landlord.
7. ASSIGNMENT & SUBLETTING
7.1. Assignment & Subletting: This Lease and the rights, duties, and obligations given
hereunder may not be subleased, assigned, transferred, or otherwise conveyed by
the Tenant, without the prior written consent of the Landlord.
7
8. MISCELLANEOUS PROVISIONS
8.1. Governing Law: This Lease shall be governed and construed by the laws of the State
of Washington, King County, and the City of Renton, as well as any applicable federal
laws and/or regulations.
8.2 Jurisdiction & Venue: Any court action filed by either Party arising out 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 United States Federal Court of the United
States, and as to such matters, the proper venue shall be in the Western District of
the United States District Court at Seattle, Washington.
8.3 Notices. Any notice required or permitted herein shall be in writing and deemed
effective upon: (a) delivery when hand-delivered; (b) three (3) business days after
deposit in the United States Mail, certified, return receipt requested; or (c) by email
with acknowledgment of receipt. All notices shall be addressed as follows:
To Landlord:
Cintas Corporation No. 2
1001 SW 34th St.
Renton, WA 98057
Attn: General Manager
With copy to:
Cintas Corporation
6800 Cintas BLVD
Mason, OH 45040
Attn: Cindy King, Real Estate Administrator
KingC@cintas.com
To Tenant:
City of Renton
Attn: Chief of Police
1055 South Grady Way
Renton, WA 98057
jschuldt@rentonwa.gov
The Landlord and Tenant may designate other such contact persons and/or
addresses from time to time by written agreement.
8.4 No Duty: The Parties acknowledge and agree that their relationship under this
Agreement is solely contractual in nature. Nothing in this Agreement shall be
8
construed to create any fiduciary duty or any other special relationship between the
Parties. Each Party disclaims any obligation to act in the interest of the other Party
beyond the specific duties set forth in this Agreement.
8.5 Entire Agreement: This Lease contains the entire agreement between the Parties
and, in executing it, neither Landlord nor Tenant relies upon any statement, promise,
or representation, whether oral or written, not expressed herein.
8.6 No Waiver of Rights: The failure of either Party at any time to require performance of
any provision of this Agreement shall not affect the right of such Party to require
performance at any time thereafter, nor shall the waiver by either Party of a breach of
any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision of this Agreement. Any waiver must be in writing and
signed by the waiving Party.
8.7 Force Majeure: Neither Party shall be liable for any failure or delay in the
performance of its obligations under this Lease (except for the payment of rent or
other monetary obligations) due to causes beyond its reasonable control, including
but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor
disputes, pandemics, governmental orders, or supply chain disruptions (“Force
Majeure Event”). The affected Party shall promptly notify the other Party in writing of
the occurrence of a Force Majeure Event and shall use reasonable efforts to resume
performance as soon as practicable. The time for performance shall be extended for
a period equal to the duration of the Force Majeure Event.
8.8 Signing Authority: By signing below, each Party represents and warrants that the
individual signing this Agreement on its behalf is duly authorized to execute this
Agreement and to bind such Party to the terms and conditions herein. Each Party
further acknowledges that it has obtained all necessary approvals, consents, and
authorizations to enter into and perform its obligations under this Agreement.
[Remainder of page intentionally blank. Signatures follow.]
9
IN WITNESS WHEREOF, the Parties have executed this Lease as of the Effective Date.
TENANT – CITY OF RENTON
By: ________________________________
Name:
Title:
Date:
APPROVED AS TO FORM:
By: ________________________________
Name:
City Attorney
LANDLORD
CINTAS CORPORATION NO. 2,
a Nevada corporation
By: __________________________________
Name:
Title:
Date:
10
EXHIBIT A
Legal Description of the Property
11
EXHIBIT B
Depiction of the Premises