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HomeMy WebLinkAboutLease LAG-12-002 OFFICE LEASE THE 200 MILL BUILDING 200 Mill Avenue South Renton,WA 98055 This Lease is made this _ZjL day of 2012, by and between the City of Renton, Washington, a Washington municipal cor ration ("Landlord"), and Communities in Schools of Renton,Washington Nonprofit corporation("Tenant"),who agree as follows: 1. Fundamental Terms. As used in this Lease, the following capitalized terms shall have the following meaning: (a) "Land" means the land on which the Building is located, situated in the City of Renton,County of King, State of Washington,which is described in Exhibit A. (b) "Building" means the building in which the Premises are located, commonly known as The 200 Mill Building, Suite 610, the street address of which is 200 Mill Ave S, Renton, WA 98057. (c) "Premises" means that certain space cross-hatched on Exhibit B, located on the sixth (6t )floor of The 200 Mill Building. (d) "Agreed Areas" means the agreed amount of rentable square feet of space in the Building and the Premises. Landlord and Tenant stipulate and agree for all purposes under this Lease that the Building contains approximately 49,480 rentable square feet of space (the "Building Area") and that the Premises contain approximately 2,900 square feet of space (the "Premises Area"). It is acknowledged that Suite 610 is much larger-than the space required by the Tenant(heretofore 296 square feet),but is occupied fully for convenience' sake. (e)This agreement includes access by the Tenant to common areas of the Building. (f) "Commencement Date" means April 1, 2012, or such earlier date as provided in Section 4 hereof. (g)"Expiration Date"means March 31,2014. (h) "Minimum Monthly Rent" means the following amounts as to the following periods during the Term(4%annual escalation): Period Monthly Amount Year 1 $564.18 Year 2 $586.75 Year 3 $610.22 (i)"Permitted Use"means use for purposes of general business and administrative offices for Communities in Schools of Renton. (j)"Prepaid Renton"is ZERO. 1 0 • prevent Landlord from exercising all other rights and remedies available to Landlord under this Lease or under law. S. Personal Property Taxes. If required, Tenant shall pay prior to delinquency all personal property taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant contained in the Premises or elsewhere. If possible, Tenant shall cause such trade fixtures, furnishings, equipment and all other personal property of Tenant to be assessed and billed separately from the Property. The City is not responsible for paying personal property taxes from rent proceeds. 6. Indemnity. (a) Generally. Tenant shall hold Landlord harmless from and against any and all damages arising out of any damage to any persons or property occurring in, on or about the Premises or the Property resulting from the acts or omissions of Tenant or its authorized representatives. Landlord shall hold Tenant harmless from and against any and all damages arising out of any damage to any persons or property occurring in, on or about the Premises or the .Property resulting from the negligent acts or omissions of Landlord or its authorized representatives. A party's obligation under this Section to indemnify and hold the other party harmless shall be limited to the sum that exceeds the amount of insurance proceeds, if any, received by the party being indemnified. (b) Concurrent Negligence of Landlord and Tenant. Notwithstanding Section 6(a) above, in the event of concurrent negligence of Tenant, or its authorized representatives, on the one hand, and that of Landlord, or its authorized representatives, on the other hand, which concurrent negligence results in damage to any persons or property occurring in, on or about the Premises or the Property, either party's obligation to indemnify the other party as set forth in Section 6(a) shall be limited to the extent of the negligence of the indemnifying party, or its authorized representatives, including the indemnifying party's proportional share of costs and attorneys' fees incurred in connection with any claims, actions or proceedings brought with respect to such damage. (c) Waiver of Worker's Compensation Immunity. The indemnification obligations contained in this Section shall not be limited by any worker's compensation, benefit or disability laws, and each indemnifying party hereby waives (solely for the benefit of the indemnified party) any immunity that said indemnifying party may have under the Industrial Insurance Act, Title 51 RCW and similar worker's compensation,benefit or disability laws. (d) Provisions Specifically Negotiated. Landlord and Tenant acknowledge by their execution of this lease that each of the indemnification provisions of this lease (specifically including but not limited to those relating to worker's compensation benefits and laws) were specifically negotiated and agreed to by Landlord and Tenant. 7. Commercial General Liability and Property Damage Insurance. Tenant, at its cost, shall maintain commercial general liability insurance (including contractual liability and products and completed operations liability) with liability limits of not less than $2,000,000 per occurrence. Landlord shall be an Additional Insured on such insurance policy. 8. Waiver of Claims; Waiver of Subrogation. Landlord and Tenant release each other, and their-respective authorized representatives, from, and waive their entire claim of recovery for, any claims for damages to the Premises and the Building and to Tenant's alterations, trade fixtures 3 • and personal property that are caused by or result from fire, lightening or any other perils normally included in an"all risk"property insurance policy whether or not such loss or damage is due to the negligence of landlord, or its authorized representatives, or of Tenant, or its authorized representatives. Landlord and Tenant shall cause each insurance policy obtained by it to prove that the insurance company waives all right of recovery by way of subrogation against either party in connection with any damage covered by such insurance policy. 9. Other Insurance Matters. CISR shall continue to be listed as "Additional Insured"under the Renton School District's policy. Should CISR obtain its own primary or secondary insurance coverage,the coverage will include naming the City of Renton as an"Additional Insured". 10. Destruction and Condemnation. If during the Term the Premises are partially or totally destroyed by any casualty or taken by condemnation,then the Term shall terminate as of the date of such destruction or taking. The insurance proceeds or award for the Premises, the Building and the Property, shall belong to and be paid to Landlord, with Tenant hereby assigning to Landlord Tenant's interest therein, if any. 121 Assignment and Subletting. Tenant shall not voluntarily assign or encumber its interest in this Lease or in the Premises, or sublease any part or all of the Premises,without Landlord's prior written consent. Any assignment, encumbrance or sublease without Landlord's prior written consent shall be voidable and, at Landlord's election, shall constitute a default by Tenant under this Lease. 12. Default. The occurrence of any of the following shall constitute a default by Tenant under this Lease: (a) Failure to Pay Rent. Failure to pay Rent when due, if the failure continues for a period of thirty (30) calendar days after notice of such default has been.given by Landlord to Tenant. (b) Other Defaults. Failure to perform any other provision of this Lease, if the failure to perform is not cured within thirty (30) calendar days after notice of such default has been given Landlord to Tenant. If the default cannot reasonably be cured within thirty (30) calendar days, then Tenant shall not be in default under this Lease if Tenant commences to cure the default within thirty(30)calendar days and diligently and in good faith continues to cure the default. 13. Remedies. If Tenant commits a default, Landlord shall have the right to terminate Tenant's right to use the Assigned Areas by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the following: (i) the worth at the time of award of any unpaid Rent which had been earned at the time of such termination; plus (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided, and (iii) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under the Lease, including reasonable attorney fees. 14. Termination and/or Relocation for Convenience. Landlord and its authorized representatives shall have the right to relocate Tenant to another part of the Building, or another City building with similar access and support services for landlord's convenience provided 4 i 0 • landlord pays the cost of relocation. Both parties have the right to terminate this lease for convenience with six months written notice provided to the other party. 15. Transfer of Landlord's Interest. If Landlord sells or transfers the Property, Landlord, on consummation of the sale or transfer, shall be released from any liability thereafter accruing under this Lease if Landlord's successor has assumed in writing, for the benefit of Tenant, Landlord's obligations under this Lease. If any security deposit or Prepaid Rent has been paid by Tenant, Landlord shall transfer such Security Deposit or Prepaid Rent to Landlord's successor and on such transfer Landlord shall be discharged from any further liability with respect to such Security Deposit or Prepaid Rent. 16. Attorneys' Fees. If either party shall bring any action for relief against the other party, declaratory or otherwise, arising out of this Lease, including any action by Landlord for the recovery of Rent or possession of the Premises, the losing party shall pay the successful party a reasonable sum for attorneys' fees which shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. 17. Surrender. On expiration or ten (10) calendar days after termination of the Term, Tenant shall surrender the Premises and all Tenant's improvements and alterations to Landlord broom clean and in good condition. Tenant shall remove all of its persogal.property within the time period stated in this Section. Tenant, at its cost, shall perform all restoration made necessary by, and repair any damage to the Premises caused by, the removal of personal property, to the Landlord's reasonable satisfaction within the time period stated in this Section. Landlord may, at its election retain or dispose of in an manner an of Tenant's personal roe that Tenant does > p Y Y P property m' not remove from the Premises on expiration or within ten (10) calendar days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) calendar days notice to Tenant and title to any such personal property that Landlord elects to retain shall vest in Landlord. If Tenant fails to surrender the Premises to Landlord on expiration or ten(10)calendar days after termination of the Term as required by this Section, Tenant shall pay'Landlord rent in an amount equal to twice the monthly Rent for the entire time Tenant thus remains in possession and Tenant shall hold Landlord harmless from all damages resulting from Tenant's failure to timely surrender the Premises, including without limitation, (i) any rent payable by, or any damages claimed by, any prospective tenant of any part or all of the Premises, and(ii)Landlord's damages resulting from such prospective tenant rescinding or refusing to enter into the prospective lease of part or all of the Premises by reason of Tenant's failure to timely surrender the Premises. 18. Miscellaneous Provisions. This Lease sets forth the entire agreement of the parties as.to the subject matter hereof and supersedes all prior discussions and understandings between them. This Lease may not be amended or rescinded in any manner except by an instrument in writing signed by a duly authorized officer or representative of each party hereto. This Lease shall be governed by, and construed and enforced in accordance with the laws of the State of Washington. In the event any action is brought to enforce any of the provisions of this Lease, the parties agree to be subject to exclusive in personam jurisdiction in the Superior Court of the State of Washington, in and for the County of King, or in the United States District Court for the District of Washington and agree that in any such action venue shall lie exclusively at Seattle, Washington. No waiver of any right under this Lease shall be effective unless contained in writing signed by a duly authorized officer or representative of the party sought to be charged with the waiver and no waiver of any right arising from any breach or failure to perform shall be deemed to be a waiver of any future right or of any other right arising under this Lease. Time is 5 STATE OF WASHINGTON ) COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath, stated that he/she was authorized to execute the instrument, and acknowledged it as the Board Chair of Communities in Schools of Renton, a Washington nonprofit corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Witness my hand and official seal this day of , 2007. Notary Public (Print Name) Residing at My Commission Expires: 7 Exhibit "A" ALL OF THAT PORTION OF THE WEST . ONE-HALF.. OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. AND HENRY R. TOBIN DONATION CLAIM NO. 37 LYING EASTERLY OF THE EASTERLY MARGIN OF MILL STREEET; SOURTHERLY OF THE SOUTHERLY MARGIN OF THE CEDAR RIVER WATERWAY; AND NORTHERLY OF THE NORTHERLY MARGIN OF HOUSER WAY AS DEEDED TO THE CITY OF RENT ON BY DEED RECORDED UNDER KING COUNTY AUDITOR'S FILE NO. 3069040, RECORDS OF KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION, OF CEDAR RIVER WATERWAY ADJOINING: EXCEPT THAT PORTION OF SAID RIGHT-OF-WAY FOR THE RENTON PUBLIC LIBRARY SITE. EXHIBIT "B" .......................... .......................... .......... ............... .......................... .......... ............... ......................... .......................... ......... ................ ......................... ......................... pq.......................... SUITE 575 5TH FLOOR, 200 MILL BLDG.