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HomeMy WebLinkAboutLease LAG-18-004- . CARCO THEATER LEASE ARTICLE 1. BASIC TERMS This Article 1 contains the Basic Terms of this Lease between the Lessor and Lessee named below. Other Articles, Sections, Subsections, and Paragraphs of the Lease referred to in this Article 1 explain and define the Basic Terms and are to be read in conjunction with the Basic Terms. Section 1.1 Effective Date of Lease: July 1st 2018 Section 1.2 Lessor and Lessee: City of Renton (hereinafter "City" or "Lessor") c/o Facilities Director 1055 South Grady Way Renton, WA 98057 425-430-6500 Puget Sound Access DBA Carco Theater, a Washington non-profit business, (hereinafter "PSA" or "Lessee") 22412—72nd Avenue South Kent, WA 98032 1.2.1 Lessee's Address at Time of Execution of Lease: Puget Sound Access (hereinafter "Lessee") 44 _��� - 9----80+2 - 1�1 tl P'1� 1� VNtk 1 w1 1.2.2 Address of Property to be leased by essee: Carco Theatre 1717 Maple Valley Highway Renton, WA 98057 Section 1.3 Exhibits incorporated by reference: 1.3.1 Exhibits A-C, attached hereto and identified below, are incorporated by reference as if fully set forth in this Lease. Exhibit "A"- Site Plan Exhibit "B"- Equipment List Exhibit "C"- Custodial Service Checklist- City Carco Theatre Lease -2018 Page 1 of 30 w Section 1.4 Property Legal Description: 1.4.1 Carco Theatre, identified above in section 1.2.2, is the subject property of this Lease and is described in Exhibit "A". This Lease grants permission to use all portions of Carco Theatre described as being leased to PSA in Exhibit A. Section 1.6 Lease Term: 1.6.1 The term of this Lease shall be ten (10) years, beginning on the "Commencement Date" (see above), and ending on December 31, 2028. The lessor or lessee may terminate this agreement with 90 days written notice to either party for any reason without any recourse or compensation to either party. Section 1.7 Permitted Uses: 1.7.1 Lessee shall use Carco Theatre to engage in the business of providing an event, theater, filming, and meeting facility. If Lessee discontinues using Carco Theatre for such uses or uses it for any unauthorized use, it shall be in default of its obligations under this Lease and the City shall have the right to terminate its right to possession. Section 1.8 Vehicle Parking and Common Areas: 1.8.1 Parking spaces are shared by the Renton Community Center and the Henry Moses Aquatic Center. Lessee and Carco Theatre users shall be allowed use of any of the established parking spaces on a first-come, first-served basis. Lessee's use of other common areas surrounding Carco Theatre, including sidewalks, are limited to incidental ingress and egress use. No signs may be posted without express permission of Lessor. Users of the parking lot are subject to established parking rules, which are subject to change. 1.8.2 Lessee and lessor shall meet at least bi-annually (twice per year) to review dates, usage, and access needs for any large scale events organized by the City of Renton. The lessor (City of Renton) retains priority parking on event days/times identified and agreed upon. Section 1.9 Rent and Other Charges Payable by Lessee: 1.9.1 Rent: Lessee shall pay Lessor $677.95 per month, plus applicable leasehold excise tax (currently equal to $87.05) per month by no later than the 10th day of the start of each month, beginning July 1st, 2018. No back rent will be owed. All late payments after execution are subject to a late fee of $50 plus the lesser of the maximum interest rate allowed by law or 12% interest, which shall accrue from the due date of each late payment and compound monthly. 2018 Carco Theatre Lease Page 2 of 30 1.9.2 All payments shall be paid or delivered to: Accounts Receivable RE: LAG- 1055 S Grady Way, Renton, WA 98057. Section 1.10 Audit: 1.10.1 Lessee will keep and maintain or will cause to be kept and maintained proper and accurate books, records and accounts reflecting its revenues and expenditures. 1.10.2 Lessor shall have the right, upon ten (10) calendar days advance written notice to Lessee, to examine such books, records and accounts at the local Renton office of Lessee or at Renton City Hall and to make copies or extracts thereof as Lessor shall desire. In conducting such examination, Lessor shall exercise its best efforts not to interfere with the normal business operations of Lessee. 1.10.3 Such examinations will be commonly be conducted by the Finance and/or Facilities Departments of the City of Renton. Lessor shall likewise have the right to have an independent third-party auditor inspect and audit such books, records and accounts of Lessee during normal business hours if desired. The cost of which shall be paid by Lessor. ARTICLE 2. OTHER CHARGES PAYABLE BY LESSEE Section 2.1 Utilities: 2.1.1 Lessee shall pay directly for all water, sewer, gas, electricity, telephone, and other utilities and services used by Lessee at Carco Theatre during the Lease Term. In consideration of this Lease, Lessee's obligation to pay for utilities includes the portion of all utilities serving areas of Carco Theatre that are used by the Lessor for Lessor purposes in compliance with this Lease unless the area the Lessor uses is separately metered. To the extent feasible and approved by the applicable utilities, Lessee may, at its own cost, pay to install separate utility metering equipment so that the Lessor may be billed for its own use. Section 2.2 Insurance Policies: 2.2.1 Liability Insurance. Lessee shall maintain in full force throughout the duration of the Lease Term a policy of commercial general liability insurance insuring Lessee against liability for bodily injury, property damage (including loss of use of property) and personal injury or death arising out of the operation, use or occupancy of the Carco Theatre. Said liability insurance policy shall specifically list "Liquor Liability Included" as a provision. 2.2.2 Lessee shall name Lessor as an additional insured under such policy. 2018 Carco Theatre Lease Page 3 of 30 2.2.3 The initial minimum amount of such insurance shall be One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate and shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Lessor's professional insurance advisors and other relevant factors. 2. 2.4 Lessee shall also maintain in full force throughout the duration of the Lease Term a policy of automobile liability insurance insuring Lessee against liability for bodily injury, property damage and personal injury or death arising out of the operation or use of a vehicle by Lessee's employees, agents, contractors and invitees in connection with the operation, use or occupancy of the Carco Theatre. 2.2.5 The initial minimum amount of such insurance shall be One Million Dollars ($1,000,000) per occurrence. 2.2.6 The liability insurance obtained by Lessee under this Section 2.2 shall: 2.2.6.1 is primary and non-contributing; 2.2.6.2 Contain cross-liability endorsements; and 2.2.6.3 Insure Lessor against Lessee's performance under Section 3.6, if the matters giving rise to the indemnity under Section 3.6 result from the negligence of Lessee. 2.2.7 The amount and coverage of such insurance shall not limit Lessee's liability nor relieve Lessee of any other obligation under this Lease. 2.2.8 Lessor may also obtain commercial general liability insurance in an amount and with coverage determined by Lessor insuring Lessor against liability arising out of ownership, operation, use or occupancy of the Carco Theatre. 2.2.9 The policy obtained by Lessor shall not be contributory and shall not provide primary insurance. 2.2.10 If Lessee requires any agent, contractor, user or invitee to secure or maintain liability insurance related to alterations to or maintenance, operation, use or occupancy of the Carco Theatre, Lessee shall require such liability insurance to include Lessor as an additional insured on such policies. 2.2.11 notwithstanding the above, Lessor accepts liability for the use of the Carco Theatre restrooms for City Events provided for in Subsection 3.4.1. 2018 Carco Theatre Lease Page 4 of 30 2.2.12 Property Insurance. During the Lease Term, Lessor shall maintain policies of insurance to be paid for by Lessor covering loss of or damage to Carco Theatre in the full amount of its replacement value. 2.2.12.1 Such policy shall contain an inflation guard Endorsement and shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk), sprinkler leakage and any other perils which Lessor deems reasonably necessary. Lessor shall not obtain insurance for Lessee's fixtures or equipment or building improvements installed by Lessee on Carco Theatre. 2.2.12.2 Lessee shall maintain policies of insurance for Lessee's fixtures or equipment or building improvements installed by Lessee on Carco Theatre. 2.2.13 General Insurance Provisions: 2.2.13.1 The Lessee shall provide the Lessor written notice of any insurance policy cancellation, within two business days of their receipt of such notice. 2.2.13.2 If Lessee fails to deliver any policy, certificate or renewal to Lessor required under this Lease within the prescribed time period or if any such policy is canceled or modified during the Lease Term without Lessor's consent, Lessor may obtain such insurance, in which case Lessee shall reimburse Lessor for the cost of such insurance within fifteen (15) business days after receipt of a statement that indicates the cost of such insurance. 2.2.13.3 Lessee shall maintain all insurance required under this Lease with companies rated A-XV or better in Best's Insurance Guide, and which are authorized to transact business in the State of Washington. If at any time during the Lease Term, Lessee is unable to maintain the insurance required under the Lease, Lessee shall nevertheless maintain insurance coverage which is customary and commercially reasonable in the insurance industry for Lessee's type of business, as that coverage may change from time to time. Lessor makes no representation as to the adequacy of such insurance to protect Lessor's or Lessee's interest. Therefore, Lessee shall obtain any such additional property or liability insurance which Lessee deems necessary to protect Lessor and Lessee. 2.2.13.4 Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard 2018 Carco Theatre Lease Page 5 of 30 covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. Section 2.3 Maintenance of Facility: 2.3.1 Lessee shall maintain the Premises and surrounding common areas in a clean, working, sanitary condition, and repair all damage to the Premises and surrounding common areas that is caused by Lessee or its invitees. Lessor reserves the right to, in its discretion, performs any maintenance or repairs for which Lessee is responsible and charge Lessee for Lessor's costs (including staff time and out of pocket costs). If Lessee refuses or fails to perform any repairs or maintenance it is responsible for or fails to timely reimburse Lessor for repairs or maintenance it chooses to perform under this subsection, Lessee's refusal or failure shall be considered a material default and grounds for Lessor to terminate Lessee's right to possession of the Premises. 2.3.2 Lessee shall reimburse Lessor within thirty (30) calendar days after receipt of a statement for the cost of: 2.3.2.1 Lessor performing any maintenance to the Premises for which Lessee is responsible and 2.3.2.2 Lessor performing any emergency maintenance to safeguard and preserve the integrity of the Premises if Lessor is unable to reach Lessee in an emergency for Lessee to perform the maintenance. 2.3.3 Lessee shall submit lessor responsible maintenance requests as defined above via a City of Renton Work Order system or via email to the appropriate contact at the Facilities Department. Section 2.4. Common Exterior Areas; Use, Maintenance and Costs: 2.4.1 For the purpose of this Section 2.4, Common Exterior Areas are defined as the Entryway from the Public Drive defined by the red fire lane marking and the driveway on the east side of Carco Theatre as shown in Exhibit "A," Site Plan. 2.4.2 If Lessor encounters damage (beyond normal wear and tear) or extraordinary trash in the Common Exterior Areas that are attributed to Lessee's use of the Premises, Lessor shall notify Lessee to allow Lessee to perform the required maintenance or custodial services. 2.4.3 If Lessee elects not to perform the required maintenance or custodial services, Lessee shall reimburse Lessor within thirty (30) calendar days after receipt of a statement for the cost of performing such work so long as the damage or extraordinary trash is related to the Lessee's use of the Premises. 2018 Carco Theatre Lease Page 6 of 30 Section 2.5 Custodial Services: 2.5.1 Lessee shall provide custodial services as indicated per Exhibit "C", attached. The frequency of service may be adjusted upward or downward depending on facility use, but in no case less than twice per week. Cleaning requirements shown as weekly and semi-annually shall be performed on schedule. 2.5.2 Lessor reserves the right to inspect Carco Theatre in conjunction with Lessor's weekly cleaning and if custodial deficiencies are found shall bring them to the Lessee's attention for remediation. If deficiencies are not addressed within the next week, Lessor reserves the right to correct these and bill the Lessee for actual hours worked, including employee wage and benefit costs. ARTICLE 3. USE OF PROPERTY Section 3.1 Permitted Uses: 3.1.1 Lessee shall have exclusive control and access to the portions of Carco Theatre not excluded from this lease, except as defined elsewhere in this Lease. Lessee may use the Carco Theatre only for the Permitted Uses set forth in Section 1.7. 3.1.2 Lessee shall not allow smoking inside the building, and shall provide adequate ashtrays in the common areas to accommodate any smoking, which shall only be permitted in accordance with the conditions of State law. 3.1.3 Any animal show on the Premises must be approved by Lessor in writing prior to the event. Incidental animal activities such as magic shows and service animals such as guide dogs for the blind shall not require Lessor approval. 3.1.4 Lessee shall not allow the use of rice, confetti, glitter, birdseeds, flower petals and the like on the premises of Carco Theatre. Bubbles shall be permitted outside only. 3.1.5 Lessee shall not allow any obscene use of the Carco Theatre. 3.1.6 The maximum occupancy of the Carco Theatre shall be three-hundred ten (310) people. Section 3.2 Manner of Use and Minimum Performance Standards: 3.2.1 Lessee shall professionally market, maintain and operate the Carco Theatre as a quality meeting, performance arts, training, recording, editing, and event space. The number of public and private events hosted on the premises must generate revenue equal or greater to the amount required for all operational costs incurred by lessee. 2018 Carco Theatre Lease Page 7 of 30 3.2.1.1 Lessee shall continue using its best efforts to operate Carco Theatre and its business in a financially responsible and sustainable manner. This obligation includes, but is not limited to: A. Fulfilling its existing contractual obligations, B. Actively marketing and making the Theatre available for additional paying customers, and C. Timely paying its liabilities. To enable the Lessor to enforce this section, Lessee shall, upon request by the Lessor at any time, provide the Lessor with all requested documentation supporting Lessee's efforts to comply with this section and sufficient financial documentation to demonstrate its ability to continue providing services for the term of this Lease without defaulting on its separate contracts and liabilities, including, but not limited to, payment of its employees' wages. Such documentation may include, but is not limited to, monthly reconciled bank statements and monthly financial statements showing actual expenditures and revenue, along with reports of all completed and scheduled rental activity. 3.2.2 Lessee shall not cause or permit the Carco Theatre to be used in any way which constitutes a violation of any law, ordinance, or governmental regulation or order. 3.2.3 Lessee shall obtain and pay for all permits, other than a Certificate of Occupancy, required for Lessee's occupancy of the Carco Theatre and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Lessee of the Carco Theatre, including the Occupational Safety and Health Administration. 3.2.4 Notwithstanding the above, Lessee or Lessee's users shall secure any required liquor license, banquet license or food handling permits, as applicable, for use of the Carco Theatre. 3.2.5 Future event dates and contracts held by lessee within 180 days of lease termination will be upheld at lessee's discretion. 2018 Carco Theatre Lease Page 8 of 30 Section 3.3 Asset Use and Replacement: 3.3.1 A full list of its assets owned by Lessee being used in the Carco Theatre is included in Exhibit B. Lessee will provide and updated list of current assets prior to lease commencement. Any future assets purchased will become sole property of the City of Renton upon evacuation of premises by lessee, and annual audits will be by lessor to update inventory lists as appropriate. 3.3.2 Lessee shall have full and free use of the City owned assets. As these assets break or become obsolete, Lessee shall repair them at Lessee's cost or replace them as Lessee deems necessary. Lessee shall also have the right to waive use of any asset and the City shall remove it. 3.3.3. To the extent assets are added or replaced, Lessee shall provide an updated Exhibit B list by no later than the termination date of this lease, or upon request of the City. Items that were taken out of service shall be removed from Exhibit B list with an indication of disposition, and the Lessee shall add new pieces of equipment acquired and put into service during the previous year to the updated list. Section 3.4 City Use of Facility: 3.4.1 City-Sponsored Events: 3.4.1.1 Lessor shall have unlimited use of facility with 24 hours' minimum notice to lessee. Usage will be granted unless date(s)/time(s) are unavailable due to alternate programming confirmed by lessee. City hosted events that require staffing and/or technical services will be coordinated with lessee. Any fees incurred will be paid by City of Renton to lessee and will be of a reasonable standard rate to be determined at time of event confirmation. Common recurring event types booked by lessor include, but are not limited to; the Renton Youth Symphony Orchestra and the Summer Teen Musical by the Renton Civic Theater. These events shall be held with no rental charge to the City and with no service charge for technical services. 3.4.1.2 For the purpose of this Subsection 5.4.1, City-Sponsored Events shall refer to any event sponsored or co-sponsored by the City as submitted to Lessee by the Community Services Administrator or designee. 3.4.1.3 Lessor shall be responsible for any liability or damage to persons or property that occurs in any way as a result of these City-Sponsored Events. 2018 Carco Theatre Lease Page 9 of 30 Section 3.5 Indemnity: 3.5.1 Lessee's Indemnification of Lessor: 3.5.1.1 Lessee shall indemnify, defend and hold Lessor harmless from and against any and all costs, claims, losses or liability, or any portion thereof, arising from: A. Lessee's use of the Carco Theatre; B. The conduct of Lessee's business or anything else done or permitted by Lessee to be done in or about the Carco Theatre, including any contamination of the Carco Theatre property or any other property resulting from the presence or use of Hazardous Material caused or permitted by Lessee; C. Any breach of default in the performance of Lessee's obligations under this Lease; D. Any misrepresentation or breach of warranty by Lessee under this Lease; or E. Other acts or omissions of Lessee. 3.5.1.2 Lessee shall defend Lessor against any such cost, claim, loss or liability at Lessee's expense with counsel reasonably acceptable to Lessor or, at Lessor's election, Lessee shall reimburse Lessor for any legal fees or costs incurred by Lessor in connection with any such claim. As a material part of the consideration to Lessor, Lessee assumes all risk of damage to property or injury to persons in the Carco Theatre arising from any cause, and Lessee hereby waives all claims in respect thereof against Lessor, except for any claim arising out of Lessor's sole negligence. As used in this Section 3.6, the term "Lessee" for purposes of triggering indemnification, shall include Lessee's officers, employees, agents, contractors, volunteers and invitees, if applicable. 3.5.1.3 This indemnification provision shall not be applicable to any sums payable under RCW Title 51 and does not waive the protections of Title 51 RCW. This provision has been freely negotiated between Lessee and Lessor. 3.5.1.4 The provisions of this Subsection 3.6.1 shall survive the termination or expiration of this Lease. 2018 Carco Theatre Lease Page 10 of 30 3.5.2 Lessor's Indemnification of Lessee: 3.5.2.1 This Subsection 3.5.2 shall apply only to Lessor's liability and responsibility for the City-Sponsored Events provided for in Subsection 3.4.1. 3.5.2.2 Subject to the above limitations, Lessor, City of Renton, shall indemnify, defend and hold Lessee harmless from and against any and all costs, claims, losses or liability, or any portion thereof, arising from: A. Lessor's use of the Carco Theatre that materially impacts the Lessee; B. The conduct of Lessor's business or anything else done or permitted by Lessor to be done in or about the Carco Theatre, including any contamination of the Carco Theatre or any other property resulting from the presence or use of Hazardous Material caused or knowingly permitted by Lessor, that materially impacts the Lessee; C. Any material breach of default in the performance of Lessor's obligations under this Lease, that materially impacts the Lessee; D. Any material misrepresentation or breach of warranty by Lessor under this Lease, that materially impacts the Lessee; or E. Other acts or omissions of Lessor that materially impacts the Lessee. Lessor shall defend Lessee against any such cost, claim, loss or liability at Lessor's expense with counsel reasonably acceptable to Lessee or, at Lessee's election, Lessor shall reimburse Lessee for any legal fees or costs incurred by Lessee in connection with any such claim. 3.5.2.3 As a material part of the consideration to Lessee, Lessor assumes all risk of damage to property or injury to persons in the Carco Theatre arising from the negligence of the Lessor or its agents, and as to that negligence Lessor hereby waives all claims in respect thereof against Lessee, except for any claim arising out of Lessee's negligence. As used in this Section 3.5, the term "Lessor," for purposes of triggering indemnification, shall include Lessor's officers, employees, agents, contractors, volunteers and invitees, if applicable. 3.5.2.4 This indemnification provision shall not be applicable to any sums payable under RCW Title 51 and does not waive the protections of Title 51 RCW. This provision has been freely negotiated between Lessee and Lessor. 2018 Carco Theatre Lease Page 11 of 30 3.5.2.5 The provisions of this Subsection 3.5.2 shall survive the termination or expiration of this Lease. Section 3.6 Lessor's Access: 3.6.1 Lessor or its agents may enter the Carco Theatre at all reasonable times to provide building services, or to show the Carco Theatre to other parties. Lessor shall give Lessee reasonable prior notice of such entry, except in the case of emergency. Section 3.7 Quiet Possession: 3.7.1 If Lessee pays the Rent and complies with all other terms of this Lease, Lessee may occupy and enjoy the leased portions of Carco Theatre for the full Lease Term, subject to the provisions of this Lease. Notwithstanding the above, Lessee acknowledges that the Premises are located adjacent to the Renton Community Center and the Henry Moses Aquatic Center and that, as such, the use of the Premises may be impacted by the day- to-day activities in the adjacent spaces for City-sponsored or endorsed activities in Cedar River Park. Section 3.8 Hazardous Material 3.8.1. Lessee shall not cause or permit any Hazardous Material to be released or disposed of on the Carco Theater by Lessee, its officers, agents, employees, contractors, volunteers or invitees. 3.8.2. If Lessee breaches the obligations stated in the preceding sentence, then Lessee shall indemnify, defend and hold the City harmless from any and all claims, judgments, damages, penalties, fines, fees, costs, liabilities or losses including, without limitation, diminution in the value of the Carco Theater, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Carco Theater, or elsewhere, damages arising from any adverse impact on marketing of space at the either location, damage related to any environmental contamination, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees incurred or suffered by the City either during or after the Lease Term. This indemnification by the Lessee includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean- up, remedial action under RCW 70.105D, removal or restoration work, whether are not required by any federal, state or local governmental agency or political subdivision, because of Hazardous Material present in or under Carco Theater, or in its soil or its ground water. Lessee also agrees to grant the City the right to enter the Carco Theater for the purpose of conducting tests and monitoring for the purpose of determining whether hazardous substances are present or have been released on or in the Carco Theater Premises. 3.8.3 Lessee shall immediately notify the City in writing of any inquiry, investigation or notice that Lessee may receive from any third- party regarding the actual or 2018 Carco Theatre Lease Page 12 of 30 suspected presence of Hazardous Material on City property, and forward any related documents or materials to the City. 3.8.4 Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Carco Theater by Lessee, its officers, agents, employees, contractors, volunteers or invitees, results in any unlawful release of Hazardous Material on, in or underneath the Carco Theater or any other property, Lessee shall promptly take all actions, at its sole expense, as are necessary to r turn the Carco Theater or any other property, to the condition existing prior to the release of any such Hazardous Material; provided that the City's approval of such actions shall first be obtained, which approval may be withheld at the City's sole discretion. 3.8.5 As used herein, the term "Hazardous Material" means any hazardous, dangerous, toxic or harmful substance, material or waste including biomedical waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States Government due to its potential harm to the health, safety or welfare of humans, animals or the environment. ARTICLE 4. CONDITION OF PROPERTY; MAINTENANCE, REPAIRS AND ALTERATIONS Section 4.1 Existing Conditions: 4.1.1 Lessee accepts the Carco Theatre in its condition as of the execution of the Lease, subject to all recorded matters, laws, ordinances, and governmental regulations and orders. Lessee acknowledges that neither Lessor nor any agent of Lessor has made any representation as to the condition of the Carco Theatre or the suitability of the Carco Theatre for Lessee's intended use. Lessee represents and warrants that Lessee has made its own inspection of and inquiry regarding the condition of the Carco Theatre and is not relying on any representations of Lessor or any Broker with respect thereto.' Section 4.2 Exemption of Lessor from Liability: 4.2.1 Lessor shall not be liable for any damage or death or injury to the person, business (or in any loss of income there from), goods, wares, merchandise or other property of Lessee, Lessee's officers, agents, employees, invitees, customers or any other person in or about the Carco Theatre, whether such damages or injury is caused by or results from: 4.2.1.1 Fire, steam, electricity, water, gas, snow, rain, or volcanic activity; or 4.2.1.2 The breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air condition or lighting fixtures or any other cause; or 2018 Carco Theatre Lease Page 13 of 30 4.2.1.3 Conditions arising in or about the Carco Theatre or upon other portions of the Project, or from other sources or places. 4.2.2 Lessor shall not be liable for any such damage or injury even though the cause of or the means of repairing such damage, death or injury are not accessible to Lessee. The provisions of this Section 6.2 shall not, however, exempt Lessor from liability for Lessor's negligence or misconduct. Section 4.3 Maintenance and Repairs: 4.3.1 Lessee shall have responsibility for the limited maintenance items as described in Exhibit "C" Maintenance Schedule. 4.3.2 Lessee shall have responsibility for non-invasive maintenance and minor repairs due to normal wear and tear (such as light bulb replacements, door handles, carpeting, patch/paint, etc.) not requiring modifications to building structure, core, and infrastructure. Lessee must notify lessor in writing and receive written approval prior to any work being conducted for painting, carpet replacement, fixture replacement, door lock changes etc. 4.3.3 Lessor will conduct periodic inspections of the Premises with two (2) days' notice to assure compliance with the maintenance and custodial requirements. Lessor reserves the right to perform emergency maintenance services to safeguard and preserve the integrity of the Premises and to perform maintenance, repairs or custodial services if Lessee fails to perform them within thirty (30) calendar days of notice. Lessor will bill Lessee for emergency or other services provided by Lessor and Lessee shall make payment along with the rent described in Section 1.9. 4.3.4 Lessee is responsible for any processes, procedures, or construction activities that require environmental review, permits, or similar approvals. Qualified individuals, as approved by the Lessor, shall perform all maintenance, design or construction work on the Carco Theatre. 4.3.5 Lessor shall assume responsibility for all damage, maintenance, and repair to the exterior of the Carco Theatre Building, whether for vandalism or other, unless caused by Lessee's use of the Premises. Lessor shall assume responsibility for all items of HVAC major maintenance identified in Exhibit C, or related to such maintenance. 4.3.6 Lessor has provided Lessee at no charge with instruction regarding the operation and maintenance of HVAC and other mechanical systems located in the Carco Theatre Building and the use of the Maintenance Schedule included in Exhibit SIC 2018 Carco Theatre Lease Page 14 of 30 4.3.7 Subject to the provisions of Article 3 Use of Property, if Lessee performs the required service included in Exhibit "C," Lessor shall accept responsibility for failures to the following equipment, systems or components on the Premises: structural components, HVAC, plumbing, electrical distribution and electronic control systems. However, this provision shall not apply to items that may need repair or replacement by Lessee due to normal wear and tear during the Lease Term including, but not limited to, door openers and closers, roll up door rollers, toilet flush values, restroom fans, light bulbs and other consumable items. This provision specifically excludes theatrical lighting, video and audio equipment, and electronic equipment which shall be the sole responsibility of the Lessee. Section 4.4 Alterations, Additions, and Improvements: 4.4.1 Lessee shall not make any alterations, additions, or improvements to the Carco Theatre or install interior or exterior signage without Lessor's prior written consent. 4.4.1.1 Lessee shall pay for any alterations, additions or improvements approved by Lessor. 4.4.1.2 The term "Alterations" shall not include the installation of carpet, shelves, movable partitions, Lessee's equipment, and trade fixtures which may be performed without damaging existing improvements or the structural integrity of the Carco Theatre, and Lessor's consent shall not be required for Lessee's installation of those items. However, Lessee agrees to coordinate any carpet installation in advance with Lessor to insure that the carpet is installed in a manner that allows appropriate service access to all HVAC service areas in the plenum. 4.4.1.3 Lessor may require Lessee to provide demolition and/or lien and completion bonds in form and amount satisfactory to Lessor. Lessee shall promptly remove any alterations, additions, or improvements constructed in violation of this Section 6.4 upon Lessor's written request. 4.4.1.4 All alterations, additions, and improvements shall be done in a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor approved by Lessor. Upon completion of any such work, Lessee shall provide Lessor with "as built" plans, copies of all construction contracts, and proof of payment for all labor and materials. Lessee shall not be required to remove or pay the cost of removal of any Alterations upon the termination or expiration of the Lease for any reason. 2018 Carco Theatre Lease Page 15 of 30 4.4.1.5 All Alternations shall become the property of Lessor upon termination or expiration of the Lease. 4.4.2 Lessee shall pay when due all claims for labor and material furnished to the Carco Theatre. Lessee shall give Lessor at least twenty (20) calendar days prior written notice of the commencement of any work on the Carco Theatre, regardless of whether Lessor's consent to such work is required. Lessor may elect to record and post notices of non-responsibility on the Carco Theatre. Lessee shall reimburse Lessor for any legal fees or costs incurred by Lessor in connection with defending itself against any claims for labor or material furnished to the Carco Theatre. Section 4.5 Condition Upon Termination of Lease: 4.5.1 Upon the termination of the Lease, Lessee shall surrender the Carco Theatre to Lessor, broom clean and in the same condition as received except for ordinary wear and tear which Lessee was not otherwise obligated to remedy under the provisions of this Lease. However, Lessee shall not be obligated to repair any damage which Lessor is required to repair under Article 7 (Damage or Destruction). 4.5.2 All alterations, additions and improvements shall become Lessor's property and shall be surrendered to Lessor upon the expiration or early termination of the Lease, except that Lessee may remove any of Lessee's machinery or equipment which can be removed without material damage to the Carco Theatre. 4.5.3 Lessee shall repair, at Lessee's expense, any damage to the Carco Theatre caused by the removal of any such machinery, specialty cabinets installed by Lessee, computer, telephone or other communication or electronic equipment, or other equipment. 4.5.4 In no event, however, shall Lessee remove any of the following materials or equipment (which shall be deemed Lessor's property) without Lessor's prior written consent: any power wiring or power panels; Lessor-owned lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; fencing or security gates or security systems; or other similar building operating equipment and decorations. 4.5.5 Upon expiration or early termination of this Lease, Lessee shall remove from the Premises, at its sole expense, all equipment, furnishings, and other personal property owned and placed in or on the Premises by the Lessee unless otherwise provided for in the Lease. If Lessee fails to removed such equipment, furnishings, and other personal property within the time allowed, 2018 Carco Theatre Lease Page 16 of 30 Lessor may, but need not, remove said personal property and hold it for the owners thereof, or place the same in storage, all at the expense and risk of the owners thereof, and Lessee shall reimburse Lessor for any expenses incurred by Lessor in connection with such removal and storage. Lessor shall have the right to sell such stored property, without notice to Lessee, after it has been stored for a period of thirty (30) calendar days or more, the proceeds of such sale to be applied first to the cost of sale, second to payment of any charges for storage, and third to the payment of any other amounts which may then be due from Lessee to Lessor, and the balance, if any, shall be paid to Lessee. ARTICLE 5. DAMAGE OR DESTRUCTION Section 5.1 Partial Damage to Property: 5.1.1 Lessee shall notify Lessor in writing immediately upon the occurrence of any Damage to the Carco Theatre. If the Carco Theatre is only partially damaged, [i.e., less than fifty percent (50%) of the Carco Theatre is not leasable as a result of such damage or less than fifty percent (50%) of Lessee's operations are materially impaired], and if the proceeds received by Lessor from the insurance policies described in Subsection 2.2 are sufficient to pay for the necessary repairs, this Lease shall remain in effect and Lessor shall repair the damage as soon as reasonably possible. Lessor may elect (but is not required) to repair any damage to Lessee's fixtures, equipment, or improvements. Lessee shall pay Lessor, if the damage was due to an act or omission of Lessee, or Lessee's employees, agents, contractors or invitees, the "deductible amount," if any, under Lessor's insurance policies. 5.1.2 If the insurance proceeds received by Lessor are not sufficient to pay the entire cost of repair, or if the cause of the damage is not covered by the insurance policies which Lessor maintains under Section 2.2, Lessor may elect either to: 5.1.2.1 Repair the damage as soon as reasonably possible, in which case this Lease shall remain in full force and effect, or 5.1.2.2 Terminate this Lease as of the date the damage occurred. Lessor shall notify Lessee within thirty {30} calendar days after receipt of notice of the occurrence of the damage whether Lessor elects to repair the damage or terminate the Lease. Lessee shall pay Lessor, if the damage was due to an act or omission of Lessee, or Lessee's employees, agents, contractors or invitees, the "deductible amount," if any, under Lessor's insurance policies. If Lessor elects to terminate the Lease, Lessee may elect to continue this Lease in full force and effect, in which case Lessee 2018 Carco Theatre Lease Page 17 of 30 shall repair any damage to the Carco Theatre and any building in which the Carco Theatre is located. Lessee shall pay the cost of such repairs, except that upon satisfactory completion of such repairs, Lessor shall deliver to Lessee any insurance proceeds received by Lessor for the damage repaired by Lessee. Lessee shall give Lessor written notice of such election within ten (10) calendar days after receiving Lessor's termination notice. 5.1.3 If the damage to the Carco Theatre occurs during the last six {6) months of the Lease Term and such damage will require more than thirty {30) calendar days to repair, either Lessor or Lessee may elect to terminate this Lease as of the date the damage occurred, regardless of the sufficiency of any insurance proceeds. The party electing to terminate this Lease shall give written notification to the other party of such election within thirty {30) calendar days after Lessee's notice to Lessor of the occurrence of the damage. Section 5.2 Substantial or Total Destruction: 5.2.1 If the Carco Theatre is substantially or totally destroyed by any cause whatsoever (i.e., the damage to the Carco Theatre is greater than partial damage as described in Section 5.1, and regardless of whether Lessor receives any insurance proceeds, this Lease shall terminate as of the date the destruction occurred. Notwithstanding the preceding sentence, if the Carco Theatre can be rebuilt within six (6) months after the date of destruction, Lessor may elect to rebuild the Carco Theatre at Lessor's own expense, in which case this Lease shall remain in full force and effect. Lessor shall notify Lessee of such election within thirty {30) calendar days after Lessee's notice of the occurrence of total or substantial destruction. If Lessor so elect, Lessor shall rebuild the Carco Theatre at Lessor's sole expense, except that if the destruction was caused by an act or omission of Lessee. Section 5.3 Temporary Reduction of Rent: 5.3.1 If the Carco Theatre is destroyed or damaged and Lessor or Lessee repairs or restores the Carco Theatre pursuant to the provisions of this Article 7, any rent payable during the period of such damage repair and/or restoration shall be reduced according to the degree, if any, to which Lessee's use of the Carco Theatre is impaired. Except for such possible reduction in Base Rent, Lessee shall not be entitled to any compensation, reduction, or reimbursement from Lessor as a result of any damage, destruction, repair, or restoration of or to the Carco Theatre. Section 5.4 Destruction Waiver: 5.4.1 Lessee waives the protection of any statute, code or judicial decision which grants a lessee the right to terminate a lease in the event of the substantial or total destruction of the leased Carco Theatre. Lessee agrees that the 2018 Carco Theatre Lease Page 18 of 30 provision of Section 7.2 above shall govern the rights and obligations of Lessor and Lessee in the event of any substantial or total destruction to the Carco Theatre ARTICLE 6. CONDEMNATION 6.1. If all or any portion of the Carco Theatre is taken under the power of eminent domain or sold under the threat of that power (all of which are called "Condemnation"), this Lease shall terminate as to the part taken or sold on the date the condemning authority takes title or possession, whichever occurs first. If more than twenty percent (20%) of the floor area of the building in which the Carco Theatre is located, or which is located on the Carco Theatre, is taken, either Lessor or Lessee may terminate this Lease as of the date the condemning authority takes title or possession, by delivering written notice to the other within ten (10} calendar days after receipt of written notice of such taking (or in the absence of such notice, within ten (10) calendar days after the condemning authority takes title or possession). 6.2 If neither Lessor nor Lessee terminates this Lease, this Lease shall remain in effect as to the portion of the Carco Theatre not taken, except that the Base Rent shall be reduced in proportion to the reduction in the floor area of the Carco Theatre. 6.3 Any Condemnation Award or payment shall be distributed in the following order: 6.3.1 First, to any mortgagee or beneficiary under a deed of trust encumbering the Carco Theatre,the amount of its interest in the Carco Theatre; 6.3.2 Second, to Lessee, only the amount of any award specifically designated for loss of or damage to Lessee's trade fixtures or removable personal property; and 6.3.2 Third, to Lessor, the remainder of such award, whether as compensation for reduction in the value of the leasehold, the taking of the fee, or otherwise. 6.4 If this Lease is not terminated, Lessor shall repair any damage to the Carco Theatre caused by the Condemnation, except that Lessor shall not be obligated to repair any damage for which Lessee has been reimbursed by the condemning authority. 6.5 If the severance damages received by Lessor are not sufficient to pay for such repair, Lessor shall have the right to either terminate this Lease or make such repair at Lessor's expense. 2018 Carco Theatre Lease Page 19 of 30 ARTICLE 7. ASSIGNMENT AND SUBLETTING Section 7.1 Lessor's Consent Required: 7.1.1 No portion of the Carco Theatre or of Lessee's interest in this Lease may be acquired by any other person or entity, whether by sale, assignment, mortgage, sublease, transfer, operation of law, or act of Lessee (hereafter collectively referred to as a "Transfer"). 7.1.2 Any attempted Transfer without Lessor's prior written consent shall be void and shall constitute a non-curable breach of this Lease. ARTICLE 8. DEFAULT OR FAILURE OF CONSIDERATION 8.1 Lessee's performance of each of the Lessee's obligations under this Lease is a conditional as well as a covenant. Lessee's right to continue in possession of the Carco Theatre is conditioned upon such performance. Time is of the essence in the performance of all covenants and conditions. 8.2 Lessor may terminate the lease and take possession of the Leased Premises in the event that the Lessee's right to continue in possession of the Carco Theatre is conditions of the Lease, and such default or deficiency in performance was not remedied by the Lessee within thirty (30) calendar days after receiving notice in writing stating the nature of the default or deficiency and the Lessor's intention to terminate the Lease if not corrected. 8.3 Under such circumstances as noted in 10.1.2, the Lessee is still responsible for any outstanding amounts, as well as penalties, and any other liabilities, costs and assessments. ARTICLE 9. LEGAL COSTS Section 9.1 Legal Proceedings: 9.1.1 If Lessee or Lessor shall be in breach or default under this Lease, such party (the "Defaulting Party") shall reimburse the other party (the "Nondefaulting Party") upon demand for any costs or expenses that the Nondefaulting Party incurs in connection with any breach or default of the Defaulting Party under this Lease, whether or not suit is commenced or judgment entered. Such costs shall include legal fees and costs incurred for the negotiation of a settlement, enforcement of rights or otherwise. Furthermore, if any action for breach of or to enforce the provisions of this Lease is commenced, the 2018 Carco Theatre Lease Page 20 of 30 court in such action shall award to the party in whose favor a judgment is entered, a reasonable sum as attorneys' fees and costs. The losing party in such action shall pay such attorneys' fees and costs. Lessee shall also indemnify Lessor against and hold Lessor harmless from all costs, expenses, demands and liability Lessor may incur if Lessor becomes or is made a party to any claim or action: 9.1.1.1 Instituted by Lessee against any third party, or by any third party against Lessee, or by or against any person holding any interest under or using the Carco Theatre by license of or agreement with Lessee; or 9.1.1.2 For foreclosure of any lien for labor or material furnished to or for Lessee or such other person; or 9.1.1.3 Otherwise arising out of or resulting from any act or transaction of Lessee or such other person; or 9.1.1.4 Necessary to protect Lessor's interest under this Lease in a bankruptcy proceeding, or other proceeding under Title 11 of the United States Code, as amended. Lessee shall defend Lessor against any such claim or action at Lessee's expense with counsel reasonably acceptable to Lessor or, at Lessor's election, Lessee shall reimburse Lessor for any legal fees or costs Lessor incurs in any such claim or action. ARTICLE 10. MISCELLANEOUS PROVISIONS Section 10.1 Non-Discrimination: 10.1.1 Lessee promises, and it is a condition to the continuance of this Lease, that there will be no discrimination against, or segregation of, any person or group of persons on the basis of race, color, age, sex, sexual orientation, mental or physical disability, religion, creed, national origin, ancestry or any other legally protected class in the leasing, subleasing, transferring, occupancy, tenure or use of the Carco Theatre or any portion thereof, unless exempted by applicable state or federal legislation or judicial or quasi-judicial decisions. Section 10.2 Lessor's Liability; Certain Duties: 10.2.1 As used in this Lease, the term "Lessor" means only the current owner or owners of the fee title to the Carco Theatre or the leasehold estate under a ground lease of the Carco Theatre at the time in question. Each Lessor is obligated to perform the obligations of Lessor under this Lease only during the time such Lessor owns such interest or title. Any Lessor who transfers its title or interest is relieved of all liability with respect to the obligations of Lessor under this Lease to be performed on or after the date of transfer. However, each Lessor shall 2018 Carco Theatre Lease Page 21 of 30 deliver to its transferee all funds that Lessee previously paid if such funds have not yet been applied under the terms of this Lease. 10.2.2 Lessee shall give written notice of any failure by Lessor to perform any of its obligations under this Lease to Lessor and to any ground Lessor, mortgagee or beneficiary under any deed of trust encumbering the Carco Theatre whose name and address have been furnished to Lessee in writing. Lessor shall not be in default under this Lease unless Lessor (or such ground Lessor, mortgagee or beneficiary) fails to cure such non-performance within thirty (30) calendar days after receipt of Lessee's notice. However, if such non- performance reasonably requires more than thirty (30) calendar days to cure, Lessor shall not be in default if such cure is commenced within such thirty (30) calendar day period and thereafter is diligently pursued to completion. Section 10.3 Severability: 10.3.1 A determination by a court of competent jurisdiction that any provision of this Lease or any part thereof is illegal or unenforceable shall not cancel or invalidate the remainder of such provision of this Lease, which shall remain in full force and effect. Section 10.4 Interpretation: 10.4.1 The captions of the Articles or Sections of this Lease are to assist the parties in reading this Lease and are not a part of the terms or provisions of this Lease. Whenever required by the context of this Lease, the singular shall include the plural and the plural shall include the singular. The masculine, feminine and neuter genders shall each include the other. In any provision relating to the conduct, acts or omissions of Lessee, the term "Lessee" shall include ;Lessee's officers, agents, employees, contractors, invitees, successors or others using the Carco Theatre with Lessee's expressed or implied permission. In any provision relating to the conduct, acts or omissions of Lessor, the term "Lessor" shall include Lessor's officers, agents, employees, contractors, invitees, successors or others using the Carco Theatre with Lessor's expressed or implied permission. Section 10.5 Incorporation of Prior Agreements; Modifications: 10.5.1 This Lease is the only agreement between the parties pertaining to the lease of the Carco Theatre and no other agreements are effective. All amendments to this Lease shall be in writing and signed by all parties. Any other attempted amendment, unless in writing and signed by each party shall be void. Section 10.6 Notices: 10.6.1 All notices required or permitted under this Lease shall be in writing and shall be personally delivered or sent by certified mail, return receipt requested, postage prepaid. Notices to Lessee shall be delivered to the address specified in Section 2018 Carco Theatre Lease Page 22 of 30 1.2. Notices to Lessor shall be delivered to the address specified in Section 1.2. All notices shall be effective upon delivery. Either party may change its notice address upon written notice to the other party. Section 10.7 Waivers: 10.7.1 All waivers must be in writing and signed by the waiving party. Lessor's failure to enforce any provision of this Lease or its acceptance of rent shall not be a waiver and shall not prevent Lessor from enforcing that provision or any other provision of this Lease in the future. No statement on a payment check from Lessee or in a letter accompanying a payment check shall be binding on Lessor. Lessor may, with or without notice to Lessee, negotiate such check without being bound to the conditions of such statement. Section 10.8 No Recordation: 10.8.1 Lessee shall not record this Lease without prior written consent from Lessor. However, either Lessor or Lessee may require that a "Short Form" memorandum of this Lease executed by both parties be recorded. The party requiring such recording shall pay all transfer taxes and recording fees required to accomplish recordation. Section 10.9 Binding Effect; Choice of Law: 10.9.1 This Lease binds any party who legally acquires any rights or interest in this Lease from Lessor or Lessee. However, Lessor shall have no obligation to Lessee's successor unless the rights or interest of Lessee's successor are acquired in accordance with the terms of this Lease. The laws of the State of Washington shall govern this Lease. Section 10.10 Entity Authority: 10.10.1 If Lessee is an entity other than an individual or partnership, each person signing this Lease on behalf of Lessee represents and warrants that he has full authority to do so and that his Lease binds the entity. Within thirty (30) calendar days after this Lease is signed, Lessee shall deliver to Lessor a certified copy of a resolution of Lessee's Board of Directors or other governing body authorizing the execution of this Lease or other evidence of such authority reasonably acceptable to Lessor. If Lessee is a partnership, each person or entity signing this Lease for Lessee represents and warrants that he or it is a general partner of the partnership, that he or it has full authority to sign for the partnership and that this Lease binds the partnership and all general partners of the partnership. Lessee shall give written notice to Lessor of any general partner's withdrawal or addition. Within thirty (30} calendar days after this Lease is signed, Lessee shall deliver to Lessor a copy of Lessee's recorded statement of partnership or certificate of limited partnership. 2018 Carco Theatre Lease Page 23 of 30 Section 10.11 Joint and Several Liability: 10.11.1 All parties signing this Lease as Lessee shall be jointly and severally liable for all obligations of Lessee. Section 10.12 Force Majeure: 10.12.1 If Lessor cannot perform any of its obligations due to events beyond Lessor's control, the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events beyond Lessor's control. Such events include, but are not limited to, Acts of God, war, civil commotion, labor disputes, strikes, fire, flood or other casualty, shortages of labor or material, government regulation or restriction, volcanic eruption, and weather conditions. Section 10.13 Execution of Lease: 10.13.1 This Lease may be executed in counterparts and, when all counterpart documents are executed, the counterparts shall constitute a single binding instrument. Lessor's delivery of this Lease to Lessee shall not be deemed to be an offer to lease and shall not be binding upon either party until executed and delivered by both parties. Section 10.14 Survival: 10.14.1 All representations and warranties of Lessor and Lessee shall survive the expiration or early termination of this Lease. Section 10.15 Brokers: 10.15.1 Nothing contained in this Lease shall impose any obligation on Lessor to pay a commission or fee to any party. Lessee represents and warrants to Lessor that it has not engaged any broker,finder or other person who would be entitled to any commission or fees for the negotiation, execution, or delivery of this Lease. Lessee shall indemnify, defend, and hold harmless Lessor against any loss, cost, liability or expense incurred by Lessor as a result of any claim asserted by any such broker, finder or other person on the basis of any arrangements or agreements made or alleged to have been made by or on behalf of Lessee. This Article shall not apply to brokers with whom Lessor has an express written brokerage agreement. Section 10.16 Acknowledgments: 10.16.1 Lessor and Lessee have signed this Lease on the dates specified adjacent to their signatures below and have initialed all Exhibits and/or Riders which are attached to or Incorporated by reference into this Lease. 2018 Carco Theatre Lease Page 24 of 30 Section 10.17 Entire Agreement 10.17.1 This Agreement constitutes the entire Agreement between Parties. IN WITNESS WHEREOF, the Parties agree that this Agreement shall become bind as of the Effective Date noted above. CITY OF NTON PUGET SOUND ACCESS tits-t jleIV ./- Ade A I,11-al / ill Denis Law, Mayor By: Date signed: l// V Printed Name: ed.- Title: AV1N . ec 7 Uy Date signed: ; Attest: ti Jason A. Set / ity er ,,,�.`� pF RFH Date attested: 1// iv/ ;��' „++++ TO AIL 's s APPROVED AS TO FORM ONLY E * SEAL 5. Shane Moloney, City Attorney ///1/1 Ii.ATED g.'?.6‘ ` iiiittwo STATE OF WASHINGTON ) . ) SS COUNTY OF ) On this Ii Il` day of c i n , 20 1 K , before me,the undersigned, a Notary Public in and for the State of Washingto , duly commissioned and sworn, personally appeared DENIS LAW 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 her N\\\" lit `� rA Ty {bkpg and official seal the day and year first above written. ;,\--• ' 4 '%la e , Gnat re of Notdly) —s 0T4,p 1 ,, . iv N, t o s` (Pont or stamp name of Notary) ', tr,A) ., 1/a0- J rARY PUBLIC in and for the State of Washington, residing 'iii"Y>�.'t6+1�9-'�..'' at Rev\tbv\_ wA ///ir110,t- 11WAS'r;�`zz 1y Appointment Expires: 6-�I ci-Z-C/c) 2018 Carco Theatre Lease Page 25 of 30 STATE OF WASHINGTON ) ) SS COUNTY OF On this 91' day of ju.vve _ , 20 +f , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared C�Ct55 Ll. lei ver to me known to be the EXecichIit Oriec}7Y of Purt,5O1-L-r4 V CC'$5 , and acknowledged the said instrument to be the free and voluntary act and deed of said [corporation or limited liability company], for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said instrument on behalf of said [corporation or limited liability company]. IN WITNESS WHEREOF I have her\I `s'*'i\-411116nd and official seal the day and year first above written. J. ielf.6• lit �Z',,,ys\ON��p�,, (1,Jgnature of No ) _=tt d�qk i O ? 10%, it �(/vt-+—.�. W N AUB�\� gPint or stamp name of Notary) '' '-NOTARY PUBLIC in and for the State of Washington, �� ''`'�%%,g\"\ `.� -residing at (Zr g 11/1111°,,F- 1111110,IWP'�s�``My Appointment Expires: 6-11-Z-43 r) 2018 Carco Theatre Lease Page 26 of 30 Exhibit A (Site Plan) 2018 Carco Theatre Lease Page 27 of 30 I • CARCO THEATER LEASE .+ y ii . 444/ / ....., / / ,tk, s v/1 e i.., 1 T,..: ... . r" rte' 0 , t l ---10.?4,1. z.t e. u rf ... Y ' K � y ' � '-..4r • I .717} I'" "-2.. I.. r "*\ tet 44 • Cal PO e Tneaua f / do / :.'�� jt� yti� L','S7 / I Cj1! yf 7t.. 1 1 NEXTENT OF LEASE AREA - N.. \-,' -,\ ~tel fy ,t t \ "� r, �sr Fr ate \ • Notes Legend Extent of lease area,building and grounds,for the Carco Theater, 0 1:865 72 0 36 72 Feet NAD_1983_HARN_StatePlaneWashington_ North FIPS 4609 Un Information Technology-GIS This map is a user generated static output from an mapInternet mapping site end City of t_'�� is for reference only.Data layers that appear on this map may or may not be RenlonMapSupport©Rentonwa.goy accurate,current,or otherwise re able Finance&IT Division 10/17/2012 THIS MAP IS NOT TO BE USED FOR NAVIGATION Exhibit B (Equipment List) 2018 Carco Theatre Lease Page 28 of 30 Lighting Lamps Qty. Notes(original) Current Qty. Current Notes Count variance EGG 750W 11 EXR 300W 5 DYS 600W 2 Slide projector lamp HPL 575/275x(JSSS225-575WX) 5 EHF 750w 2 F4TS/CW 4W 2 FEL 1000W 11 EHG 750W 6 EHD 500W 6 BAK.75 AMP CBA 500W I ENX 360W 3 BVT 1000W 3 DPW 1000W 2 BTL 5 Lighting Instruments Count variance Mini Ellipsoidal 5 EA-1,EA-3,EA4,EA-7 need repair,EA-8 is missing 5 4 backstage+ I downstairs 5/50 Series Ellipsoidal 20 degree.Colortran 10 10 Leko,Century 9 Need to be replaced,very dim light 5 obsolete -4 Altman 12 degree beam 2 10 2 do not work 8 Fresnel 6"Altman 31 FA-9,FA-I I,FEC-10 need repair 24 -7 Fresnel 8" 10 6 -4 Scoop 9" 8 S-6,S-7 need repair 6 high side bars-colors,up stage -2 Source 4 4 6 1 disassembled(does not work?) 2 Follow Spot Altman I I 0 Berkley Colortran 4 4 5 Strand Lighting-Leko 12 I downstairs DMX Lighting Package Omni System Magnum 9 LED Par 6 Omni System Spark 7 Zoom LED Mover 4 Omni System OS-8067 Light Bar 2 Omni System Wireless DMX 512 Receiver 3 Omni System Wireless DMX 512 Transmitter 1 Apple 12"x8.5"Ipad(DMX controller) 1 Luminaire Software Control App-Ipad I 10'DMX Cable _ 6 25'DMX Cable 4 Lighting Accessories _ Count variance Plywood light base _ 10 0 Not in Carco. -10 Gel Frame 6" 30 Additional frames in use. 38 20 big+ 18 sm 8 Safety Cables 72 58 -14 ETC Express Light Board I 1 0 CD80 Strand lighting Dimmer System 1 1 0 2.4Kw 120v AC 60Hz CD 80 dimmers 24 24 0 Edison to twist lock adapter 5 4 -1 twofer twist lock 3 Blank Splitters 6 need to put ends on them 5 or 6 Y twist lock splitters.Not sure what the rest refers to. Yoke Clamps 2 3"gobo frame 7 6 -1 4"gobo frame 4 3 -1 2"gobo frames 9 2 No lights flown use 2"gobo frames -7 Nebula gobo 1 funky squares gobo 1 soft web gobo 1 trees gobo 2 branches gobo 1 All of these+another pack or two(assorted)we've purchased. window gobo 1 forest gobo I different branches gobo 1 heart shaped gobo 1 moon sliver gobo 1 6"lens 2 ETC 24/48 light board&monitor 1 I 0 Dell LCD Projector I City could use for other purposes. 1 0 Sound Booth Equipment Yamaha 36 channel sound mixer I Could go to City mobile kit SoundTech PL602 power amplifiers 2 NuMark CD player I Could go to City mobile kit Mobile Sound Kit?Not in Carco. Sony 5-disc carousel CD changer I Sony dual-well cassette tape deck 1 Sony mini disc player/recorder 1 Shure cordless mic receivers 10 11 tech booth Clear-Com 2-way headset system 1 1 Here&nonfunctioning projection tables 2 Kodak Ektagraphic III slide proejector 2 Kodak slide carousels 2 Not in Carco. DBX quad channel expander/gate 1 DvD Player I 1 Downstairs in storage.We use computer drives. mic stands w/cast metal base&clips 6 4 -2 mic stands w/cast metal base,clips&boom 4 2 -2 mic stands w/folding base w/boom&clips 6 16 I O mic stands with folding base w/clip 2 3 1 spare mic boom arms 3 2 -I horizan wedge monitors 4 4 0 Backstage TV monitor 1 1 0 'File Cabinet I I ()I Mic Drawers pop filters 9 * Many more,varied types. Shure SM-58 mics 6 Shure SM-57 mics I I mic stand clips-Shure-type 18 City Mobile Kit. butterfly stand clip table top stands w/clips 2 Clear Corn Drawers Clearcom headsets 6 Clearcom chorded intercom units 3 2 has PSA stickers on them? • Clearcom cables loft 3 Wall male XLR to 1/4"@ 20ft 3 20 ft.mic chords 4 City Mobile Kit? female ELR to 1/4"@loft 1 lapel mic 5 9 unidirectional ribbon mic I direct boxes 3 9 50ft XLR cables 2 City Mobile Kit? Patch Cables(All calhes 1/4 to 1/4 unless otherwise mentioned) IOft. 6 18 ft. 3 4ft. 5 Ift. 4 3ft. 8 City Mobile Kit? Eft. 6 5ft. 2 2ft. 1 3ft. 1/4 to Banana 2 Mobile Concert Kity-City to Keep Rolling Rack with Amps Sound Board I City Mobile Kit Speakers Mains 2 Subwoofers 2 City Mobile Kit Wedge Monitors 4, Speaker Cables I I 100'6 Cable Stage Snake I 25' 1/4"-1/4"Monitor Cables 2 City Mobile Kit 50' 1/4"-Speakon Cables 3 50' 1/4"- 1/4"Subwoofer Cable 1 Mic Snakes: 6 Channel Cable Snake(Stage Monitor) 1 12 Channel Cable Snake(Horizon) I City Mobile Kit Extension Cords: 25'Ext cord"blue" 14GA 100'Ext cord"green" I6GA 1 100'Ext cord"yellow"on spool 14GA 50'Ext cord"yellow" I2GA 1 50'Ext cord"orange" 12GA 1 3 Component Power cords 3 6 Receptacle Power Strips 3 City Mobile Kit 37'Ext Cords 2 45'Ext Cords 1 57'Ext Cords 1 77'Ext Cords 1 78'Ext Cords 1 117'Ext Cords Mics/Cables/DI Boxes Shure 58's w/wind screen&clip Behringer Ultra DI Boxes 50'XLR-XLR 50' 1/4"-1/4"Phono No counts;DI boxes,Shure 58s,&50'xlr-xlr are listed above 5' 1/4"-XLR Male 5' 1/4"-XLR Female Mic Cables 200' 1/4"-XLR _ 150'XLR-XLR City Mobile kit 75'XLR-XLR Ilubbel Spider Box(I) 50'Power Supply Edison Outlets 6 City Mobile Kit Ladders 12'A frame 1 1 16'A Frame I 1 6'A Frame I 1 Cherry Picker I 1 Ramps 2 0 Don't know what this refers to. Extension Ladders 2 2 (Renton Youth Symphony Orchestra-City Needs to Keep* I I I (Some needs to stay at theatre for weekly rehearsals) In 2 suitcases: Assorted Mallets&drum sticks Cymbal stand Rene Dawson Cymba Snare stand Snare drum Instruments: Bass drum,stand&cover 1 Timpani&covers(4 are shared with RCCB.5th is damaged&owned by RYSO) 5 3/4 size upright String Bass,with hard&soft case 1 Full size violin in soft case 0 Haven't seen this instrument. Baby Grand Steinway Piano l Lowry Digital Organ Upright Saloon Piano 1 Equipment: 40 Music Stands 40 55 Black Chairs 52 Conductors Music Stand 1 Approx 22 boxes of Sheet Music Rene Dawson varios binders&other files of records 8 collapsible Band Risers Yes Sound Shell Yes Renton City Concert Band-City Needs to Keep Bass drum,stand&cover(shared with RYSO) LISTED ABOVE Timpani&covers LISTED ABOVE 3 Congas Rene Dawson'? Exhibit C (Custodial/Maintenance Standards) The lessee will be required to maintain the concession area and all public areas according to the following standards. DAILY (during normal usage) 1. Empty all trash and place in dumpster. Brush or wipe waste baskets. Wash waste baskets as needed. 2. Dust all desks, tables, counters, files, telephones and other furniture within reach. Remove spillage as needed. 3. Wash table tops, counters, sinks, equipment and all surfaces. 4. Sweep, damp mop, or vacuum all hard surface floors and carpets. Remove spillage on all floors each night. 5. Replace burned out light bulbs. 6. Spot clean marks and smudges from walls, especially entrance areas, hallways, doors, and around push plates, handrails, and light fixtures. 7. Clean all interior windows and door glass. WEEKLY (during normal usage) 1. Perform high dusting such as upper walls, ventilator grills, piping, door and window casings, and other surfaces not done on a more frequent basis. 2. Remove all products from coolers and clean interior. JANITORIAL STANDARDS FOR COMMON AREAS & RESTROOMS Specifications (to be performed DAILY during normal usage) 1. Dust mop, sweep, or vacuum floor surfaces 2. Damp mop floor surfaces with pH neutral disinfectant cleaner 2018 Carco Theatre Lease Page 29 of 30 3. Empty and clean all waste containers, including sanitary napkin receptacles, and replace liners 4. Check and refill all dispensers; paper towels, toilet tissue, seat covers, hand soap, etc. (All paper products, hand soap, and air fresheners furnished by lessee) 5. Clean and polish mirrors and dispensers 6. Clean counters, washbasins and soap dispensers 7. Clean and sanitize toilets, toilet seats, and urinals 8. Clean and polish chrome fixtures 9. Clean walls around sinks, towel dispensers, urinals, partitions and door frames 10. Change light bulbs as needed Restroom Specifications(to be performed MONTHLY) 1. Wipe down walls not done daily. 2. Vacuum air vents 3. Dust tops of partitions, mirrors and frames. 2018 Carco Theatre Lease Page 30 of 30