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HomeMy WebLinkAboutLeaseLAG-26-002 ROOFTOP SITE LEASE AGREEMENT BETWEEN CINTAS CORPORATION AND THE CITY OF RENTON This Rooftop Site Lease Agreement ("Lease") is made as of this 181 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 34' 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 onlythe rooftop area shown on Exhibit B; no appurtenant rights are granted except as expressly provided in this Lease. 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 2 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 forfive (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 3 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' priorwritten 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 anytermination, 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 Parry 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 1s' 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 34t1 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. 4 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 arisingfrom 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. 5 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 parry 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, exceptfor 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. 0 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 34`h 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 7 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 anytime 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.] 93 IN WITNESS WHEREOF, the Parties have executed this Lease as of the Effective Date. TENANT - CITY OF RENTON Rv: Name: Armondo Pavone Title: Mayor Date: 2/25/2026 APPROVED AS TO FORM: LANDLORD CINTAS CORPORATION NO. 2, a Nevada_cofpeiation Title: Date: By: Approved by Alex Tuttle via email 10/13/2025 Name: Alex Tuttle `.a\oUunnlnhhry City Attorney p L �RENTO4, 160 Jason Seth, City Clerk EXHIBIT A Legal Description of the Property Parcel 1125381-0260 Number I — Name CINTAS CORPORATION Site 1001 SW 34TH ST 98057 Address Legal BURLINGTON NOR IND PK RENTON 2 LOT 3 LESS POR FOR ST — AKA LOT 2 OF CITY OF RENTON LOT LINE ADJ NO 92-090 RECORDING NO 9206119003 10 SW 34th St • jwi. I � i ® ls Uniform Services ly t 1 d� lIIlIIli �• fw