HomeMy WebLinkAboutLease • LAG-12-001
Renton Pavilion Event Center Lease
ARTICLE 1. BASIC TERMS
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 Date of Lease:
January 1, 2012—December 31, 2017
Section 1.2 Lessor and Lessee:
City of Renton (the "City") (hereinafter "Lessor")
1055 South Grady Way
Renton, WA 98057
425-430-6500
Rain City Catering(hereinafter"Lessee")
P.O. Box 4098
Renton, WA 98057
206-395-5126
1.2.1, Lessee's Address at Time of Execution of Lease:
The same as above in Section 1.2.
1.2.2 Address of Property to be Leased by Lessee:
Renton Pavilion Event Center(hereinafter"Pavilion")
233 Burnett.Avenue.South
Renton, WA 98057
Section 1.3 Exhibits incorporated by reference:
1.3.1 Exhibits A- D, attached hereto, are incorporated by reference as if fully set forth
in this Lease.
Section 1.4 Property Legal Description: .
1.4.1 The Pavilion, identified above in section 1.2.2 is the subject property of this
Lease and is described in Exhibit A, entitled "Legal Description." The Pavilion
includes the land, the buildings and all other improvements located on the land
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with the exceptions noted below. The Pavilion" being leased to Lessee is further
described as:
1.4.1.1 The Pavilion, as depicted in Exhibit B, entitled "Project Site Plan," includes
approximately 2,500 square feet of patio space located on the west end of the
Pavilion and approximately 860 square feet of patio space located on the east
end of the Pavilion.
1.4.1.2 Subject to the legal description included in Exhibit A, Legal Description,
the property being leased to Lessee does not include the parking lot or any other
exterior space on the north side of the Pavilion, the public sidewalk on the west
side of the building, the public sidewalk on the east sides of the building or the
Piazza Park or any other exterior space on the south side of the Pavilion.
Section 1.5 Characterization of Property:
1.5.1 Lessor has provided Lessee with a set of "as-built" architectural drawings, plus
the O & M documentation, for the Lessor's Pavilion renovation completed in
2004.
1.5.2 Lessee acknowledges that the floor in the open hall of-the Pavilion has load
rating design restrictions that limit the amount of weight that can be supported
by the floor as specified in Exhibit C, entitled "Floor Load Rating Specifications."
1.5.3 For any vehicle and for. any use that involves a load requirement that may be in .
excess of the "stringerless" specifications in the attached Exhibit C, Floor Load
Rating Specifications, Lessee shall consult a structural engineer in advance to
determine whether the floor can safely handle the load and to secure written
documentation of the structural engineer's determination, a copy of which
Lessee shall provide Lessor in advance of the specific use.
Section 1.6 Lease Term:
1.6.1. The term of this Lease shall be five (5) years, beginning on January 1, 2012 (the
"Commencement Date"), and ending on December 31, 2017, unless otherwise
terminated under the provisions of Subsections 1.6.2.
1.6.2 Lessee may, in its sole discretion and without any recourse by or compensation
to Lessor, terminate the Lease with six (6)-months notice to Lessor, so long as
such six (6)-months notice is on or after the two (2)-year anniversary of the
Commencement Date.
1.6.3 Lessee may reserve or rent space at the Pavilion to users during the lease period.
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Section 1.7 Permitted Uses:
1.7.1 Lessee shall engage in the business of providing an event, banquet and meeting
facility, and shall on rent or lease for that purpose. See Article 5 for details.
Section 1.8 Vehicle Parking Spaces Allocated to Lessee:
1.8.1 Lessee shall be allowed unlimited use of two (2) parking spaces in the p ublic
parking lot to the north of the Pavilion as established and marked by signage by
Lessor, for business-purposes onl . Lessee shall also be provided with two 2
only. ( )
City Center Parking Garage passes for its own use for business-purposes only.
Section 1.9 Base Rent and Other Charges Payable by Lessee:
1.9.1 Base Rent: Lessee shall promptly pay Lessor the monthly Base Rent of $1,000
(one thousand dollars) during the Lease Term. Base Rent shall be due no later
than the first of each month. Failure to do so shall constitute a material breach,
under Article 15 (Termination).
1.9.2 Revenue Sharing: In addition to the monthly Base Rent above, Lessee shall pay
monthly to Lessor the following amounts. Such amounts shall not include any
taxes paid by Lessee, gratuities or charges for on-site labor..
1.9.2.1 Catering — Lessor shall receive fifteen percent (15%) of the gross room
rental charges catering sales, and of Lessee's net income after third-party
charges for food and beverage sales and charges for the following items if
provided by Lessee: Audio Visual systems, linens, flowers, tables, chairs,
flatware, china and the like.
1.9.2.2 Parking Garage — Fees collected for group parking at the City Center
Parking Garage shall be a direct one hundred percent (100%) pass-
through to the City. Lessor has provided Lessee with a current parking
rate chart which may be revised as the Lessor's discretion in the future.
1.9.3 Audit:
1.9.3.1 Lessee will keep and maintain or will cause to be kept and maintained
proper and accurate books, records and accounts reflecting all items of
revenue required to be reported to Lessor per this Section.
1.9.3.2 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.
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1.9.3.3 Lessor shall have the right to have an independent third-party auditor
inspect and audit such books, records and accounts of Lessee during
normal business hours, the cost of which shall be paid by Lessor. If the
third-party auditor's report that Lessee has under-reported its lease
payments to Lessor, under the Revenue Sharing agreement in this Section
1.9.2, by more than 5%, then Lessee shall reimburse Lessor for the
reasonable cost of the third-party auditor's audit and pay the City a 10%
penalty for each period of under-reporting by the Lessee, in addition to
the monies owed but under-reported.
Section 1.10 Exhibits and Other Attachments Which are Part of the Lease:
1.10.1 Exhibit "A"- Legal Description
Exhibit "B" - Project Site Plan
Exhibit "C"- Floor Load Rating Specifications
Exhibit "D"—Maintenance Schedule
ARTICLE 2. LEASE TERM
Section 2.1 Lease of Property for Lease Term:
2.1.1 Lessor and Lessee agree that the Lessor will continue to lease the Pavilion to
Lessee for the Lease Term noted in Section 1.6. The beginning and the end of
the lease term shall be the dates specified in Section 1.6 unless changed
pursuant to a provision of this Lease.
ARTICLE 3. RENT PAYMENTS AND RESERVES FOR OPERATING EXPENSES
Section 3.1 Time and Manner of Payment:
3.1.1 On or before the twenty-eighth (28th) day of the second (2nd) month of the Lease
Term and each month thereafter, Lessee shall pay Lessor the Base Rent and the
Revenue Sharing amounts described in Subsection 1.9 for the prior calendar
month and the amount of the Leasehold Excise Tax described in Section 4.1. The
Base Rent and Revenue Sharing amounts shall be payable at Lessors address or
at such other place as Lessor may designate in writing. Together with such
payment, Lessee shall provide a detailed financial report that substantiates the
Revenue Sharing payment for the prior calendar month, including but not limited
to: (i) an itemized list of the actual event dates, users and applicable catering
sales and room rental charges and (ii) a running total of the number of events
that occurred to date during each twelve (12)-month period.
3.1.2 Upon termination of this Lease under Article 7 (Damage or Destruction), Article
8 (Condemnation), or any other termination not resulting from Lessee's default,
and after Lessee has vacated the Pavilion in the manner required by this Lease,
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Lessor shall refund or credit to Lessee (or Lessee's successor) any advance rent
or other advance payments made by Lessee to Lessor.
3.1.3 In the event that Lessee files for bankruptcy, Lessor shall have priority over any
and all property that on or in the Pavilion and shall have a priority as a secured
creditor. Additionally, Lessee hereby agrees to give Lessor written notice of its
intent to file for bankruptcy at least 10 business days before filing in bankruptcy
cou rt.
ARTICLE 4. OTHER CHARGES PAYABLE BY LESSEE
Section 4.1 Taxes:
4.1.1 Lessee shall be solely responsible for the payment of the Leasehold Excise Tax
(described below), Business & Occupation Tax and Sales Tax, as applicable.
4.1.2 So long as the Pavilion is owned by Lessor and is exempt from general real estate
taxes as a municipal corporation in accordance with RCW 84.36.010, Lessee shall
be solely obligated to pay the applicable Leasehold Excise Tax (a.k.a. "Rent Excise
Tax") on the Base Rent and Revenue Sharing payment.
4.1.3 Lessee shall calculate and pay the applicable Leasehold Excise Tax Leasehold
monthly to Lessor during the Lease Term along with the rents described in
Section 3.1.1.
4.1.4 Within one hundred twenty (120) calendar days after the end of-each calendar
year during the Lease Term or within such longer period of time as may be
reasonably necessary, Lessor shall furnish to Lessee a statement of the Leasehold
Excise Tax that Lessor was required to -charge and collect from Lessee for the
preceding calendar year.
4.1.5 If the preceding calendar year's required Leasehold Excise Tax charges exceed
the monthly payments made by Lessee, then Lessee shall pay Lessor the
deficiency within thirty (30) calendar days after receipt of-the statement.- If the
Leasehold Excise Tax payments made by Lessee exceed the required Leasehold
Excise Tax charges for the preceding calendar year, then, at Lessor's option,
either Lessor shall pay Lessee the excess at the time Lessor furnishes the
statement to Lessee or Lessee shall be entitled to offset the excess against the
next installment(s) of rent.
4.1.6 At the end of the Lease Term, if Lessee is not in arrears for any payments, Lessor
shall pay Lessee the excess at the time Lessor furnishes the statement to Lessee.
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Section 4.2 Utilities:
4.2.1 Lessor shall be responsible for providing utilities to the Pavilion. Lessee shall pay
for all water, sewer, gas, electricity, telephone, and other utilities and services
used by Lessee on the Pavilion during the Lease Term.
4.2.2 Under no circumstances shall Lessee be responsible for any charges for water,
sewer, gas, electricity, heat, telephone, and other utilities and services, which
are not under the control of Lessee and for the use of providing services under
this contract as a meeting, banquet and event facility. Lessee shall not be
responsible for electrical costs for exterior area illumination of the areas of the
park and transit center. These fixtures shall be submetered or connected to
electrical sources that Lessor pays for, or the parties will determine through
calculation the average monthly cost associated with these fixtures, which shall
be credited to the Lessee on each monthly statement.
Section 4.3 Insurance Policies:
4.3.1 Liability Insurance. Lessee shall maintain throughout the duration of the Lease
Term a policy of commercial general liability insurance (sometimes known as
broad form comprehensive 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
Pavilion. Said liability insurance policy shall specifically list "Liquor Liability .
Included" as a provision.
4.3.2 Lessee shall name Lessor as an additional insured under such policy.
4.3.3 The initial amount of such insurance shall be no less than One Million Dollars
($1,000,000) per occurrence and no less than 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.
4.3.4 Lessee shall also maintain 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 Pavilion.
4.3.5 Lessee shall name Lessor as an additional insured under such policy to the extent
necessary to cover .Lessor for automobile-related liability on, at or related to
Lessee's Pavilion-related business.
4.3.6 The initial amount of such insurance shall be no less than One Million Dollars
($1,000;000) per occurrence.
•
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4.3.7 The liability insurance obtained by Lessee under this Section 4.3 shall (i) be
primary and non-contributing; (ii) contain cross-liability endorsements; and (iii)
insure Lessor against Lessee's performance under Section 5.6, if the matters
giving rise to the indemnity under Section 5.6 result from Lessee's negligence.
4.3.8 The amount and coverage of such insurance shall not limit Lessee's liability nor
relieve Lessee of any other obligation under this Lease.
4.3.9 Lessor may also obtain comprehensive public 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 Pavilion.
4.3.10 Lessor's policy shall not be contributory and shall not provide primary insurance.
4.3.11 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 Pavilion, Lessee shall require that such liability insurance
policies include Lessor as an additional insured consistent with this section.
4.3.12 Subject to the provisions above, Lessor accepts liability for the use of the Pavilion
restrooms for Piazza Events provided for in Subsection 5.4.1.
4.3.2 Property Insurance. During the Lease Term, Lessor shall maintain policies of
insurance to be paid for by Lessor covering loss of or damage to the Pavilion in
the full amount of its replacement value.
4.3.2.1 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
-- ---t a Pavi ion. ----- - -----
4.3.2.2 Lessee shall maintain policies of insurance for Lessee's fixtures or
equipment or building improvements installed by Lessee on the Pavilion.
4.3.2.3 Nothing in this section shall prevent Lessor from being able to recover for
damage to or the destruction of the Pavilion based on the negligence,
recklessness or fault of the Lessee or any of its agents, contractors,
volunteers, users or invitees.
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4.3.3 General Insurance Provisions.
4.3.3.1 Any insurance which Lessee is required to maintain under this Lease shall
include a provision which requires the insurance carrier to give Lessor not
less than forty-five (45) calendar days written notice prior to any
cancellation or modification of such coverage.
4.3.3.2 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, that failure shall constitute a material breach subject to Article
15. Lessor may obtain such insurance, in which case Lessee shall
reimburse Lessor for the cost of such insurance within fifteen (15)
calendar days after receipt of a statement that indicates the cost of such
insurance.
4.3.3.3 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 anytime
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.
4.3.3.4 The parties hereby release and discharge each other from all claims,
losses and liabilities arising from or caused by any hazard covered by
property insurance on or in connection with the Pavilion. This release
only applies-to claim, losses or liabilities covered by insurance.
Section 4.4 Maintenance of Facility:
4.4.1 Lessee shall reimburse Lessor within thirty (30) calendar days after receipt of a
statement for the cost of: (i) Lessor performing any maintenance to the Pavilion
for which Lessee is responsible and which Lessee approves in writing, and (ii)
Lessor performing any emergency maintenance to safeguard and preserve the
integrity of the Pavilion if Lessor is unable to reach Lessee in an emergency for
Lessee to perform the maintenance.
Section 4.5 Common Exterior Areas; Use, Maintenance and Costs:
4.5.1 For the purpose of this Section 4.5, Common Exterior Areas are defined as the
Piazza Park on the south side of the Pavilion Building and the public parking lot,
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Renton Transit Center and City Center Parking Garage on the north side of the
Pavilion Building as identified in Exhibit B.
4.5.2 If Lessor encounters damage (beyond normal wear and tear) or extraordinary
trash in the Common Exterior Areas that are attributed to Lessees use of the
Premises or failure to maintain or clean, Lessor shall notify Lessee to allow
Lessee to perform the required maintenance or custodial services.
4.5.3 If Lessee fails 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 Pavilion. Continued
failure to maintain or clean as required by this Lease shall constitute a material
breach of this Lease, subject to Article 15.
Section 4.6 Late Charges:
4.6.1 Lessee's failure to promptly pay Base Rent, Revenue Sharing, parking revenue or
taxes may cause Lessor to incur unanticipated costs. The exact amount of such
costs may be impractical or difficult to ascertain..
4.6.2 Such costs may include, but are not limited to, processing and accounting
charges and.late charges which may be imposed on Lessor by any ground lease,
mortgage or other encumbrance on the Pavilion..
4.6.3 Consequently, if Lessor does not receive any Base Rent, Revenue Sharing or
parking revenue payment within ten (10) calendar days after it becomes due,
Lessee shall pay Lessor a late charge equal to five percent (5%) of the overdue
amount for each month that it is overdue.
4.6.4 The parties agree that such late charge represents a fair and reasonable estimate
of the costs Lessor will incur by reason of such late payment.
4-6.5 Upon-Lessee's-failure to--make-any-payment due-within 30 calendar days-of the-
due date, Lessor takes a secured creditor's interest in Lessees equipment and
property in or on the Pavilion as of the due date.
4.6.6 A failure to make full payment.within 45 calendar days of the due date shall
constitute a material breach of this Lease, subject to Article 15.
4.6.7 Three (3) consecutive late payments of monies due or six (6) late payments of
monies due during any twelve (12) month period shall be material breach of the
Lease, subject to Article 15.
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Section 4.7 Interest on Past Due Obligations:
4.7.1 Any amount owed by Lessee to Lessor which is not paid when due shall bear
interest at the rate of twelve percent (12%) per annum from the due date of
such amount, however, interest shall not be payable on late charges to be paid
by Lessee under this Lease.
4.7.2 The payment of interest on such amounts shall not excuse or cure any default by
Lessee under this Lease.
4.7.3 If the interest rate specified in this Lease is higher than the rate then permitted
by law, the interest rate shall be decreased to the maximum legal interest rate
then permitted by law.
ARTICLE S. USE OF PROPERTY
Section 5.1
Permitted Uses:
5.1.1 Lessee shall have exclusive control and access to the Pavilion, except as detailed
in this Lease. Lessee may use the Pavilion only for the Permitted Uses set forth
in Section 1.7 and subject to the floor load restrictions of Section 1.5.
5.1.2 Lessee shall not allow smoking inside the building, and shall provide adequate
ashtrays in the patio areas outside to accommodate any smoking, which shall
only be permitted in accordance with the conditions of state law. Failure to
comply with this provision may constitute a material breach of this Lease.
5.1.3 Any animal show at the Pavilion 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.
5.1.4 Lessee shall not allow the use of rice, confetti, birdseeds, flower.petals and the
like outside the Pavilion. Bubbles shall be permitted outside.
5.1.5 Lessee shall not allow any obscene use of the Pavilion.
5.1.6 The maximum occupancy of the Pavilion shall be 655 people.
Section 5.2 Manner of Use:
5.2.1 Lessee shall professionally market, maintain and operate the Pavilion as a quality
meeting, banquet and event space.
5.2.2 Lessee shall not cause or permit the Pavilion to be used in any way that violates
any law, ordinance, or governmental regulation or order.
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5.2.3 Lessee shall obtain and pay for all permits, other than a Certificate of Occupancy,
required for Lessee's occupancy of the Pavilion 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
Pavilion, including Occupational Safety and Health Administration requirements.
5.2.4 Subject to the provisions above, Lessee or Lessee's users shall secure any
required liquor license, banquet license or food handling permit for Pavilion use.
Failure to comply with this provision of the Lease may constitute a material
breach.
5.2.5 Lessee shall not obstruct, cover or block Pavilion windows, including but not
limited to window coverings and moveable partitions, except as necessary during
events and meetings. Any such window coverings and moveable partitions shall
be immediately opened or removed on a daily basis after any event or meeting.
Section 5.3 Use of Piazza Park
5.3.1 Lessor shall provide Lessee with an annual schedule of City-Sponsored Events for
the Piazza Park. Although Lessor reserves the right to schedule City-Sponsored
Events at the Piazza Park at any time, if possible, Lessor will attempt to schedule
additional City-Sponsored Events on dates where there are no conflicting uses
scheduled at the Pavilion.
5.3.2 Lessor acknowledges that users and invitees for events at the Pavilion Building
may occupy a portion of the Piazza Park for incidental use without the prior,
written consent of the Renton Park Board.
5.3.3 For the purpose of this provision, incidental use shall mean the ability to use or
congregate in a portion of the Piazza Park so long as:
5.3.3.1 City of Renton's Park Rules and Regulations are maintained,
-- .332 Food or non-alcoholic beverages are only served-in the Piazz-ark ---
to Lessee's contracted customers,
5.3.3.3 Objects erected for Lessee's events shall not impede or restrict
public access or use of the Piazza Park by others. For purposes of this subsection
"Objects" include, but not limited to, stanchions, barricades, stands, chairs,
tables,tents,fixtures or the like, and
5.3.3.4 The hours of use of the Piazza Park are dawn to dusk and Lessee
shall not permit Pavilion patron use of the Piazza Park outside of these hours.
5.3.4 In order for users or invitees of the Pavilion to occupy any portion of the Piazza
Park for any use other than specifically provided for above, Lessee or user of the
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Pavilion must pay any applicable fee and secure the Renton Board of Park
Commissioners' prior, written approval.
5.3.5 Lessee shall provide Pavilion users with a copy of City of Renton's Park Rules and
Regulations. Lessee shall make Pavilion users and invitees aware of the City of
Renton's restriction against the use of alcohol in the Piazza Park, and of the
restrictions related to use of the Piazza Park as described above. Failure to
comply with this provision may constitute a material breach of this Lease.
Section 5.4 City Use of Facility:
5.4.1 City-Sponsored Events:
5.4.1.1 Lessor shall have the right to schedule up to a maximum of twelve (12)
City-Sponsored Events per year at the Pavilion. The parties may agree to more.
5.4.1.2 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 Office of the Mayor or the Mayor's designee.
5.4.1.3 Responsibility for any injury or damage to persons or property that
occurs in any way as a result of these City-Sponsored Events shall be apportioned
based on fault. These events shall be allowed on a space available basis by
Lessee, and subject to the restrictions of Subsection 5.4.4.
5.4.2 Lessee shall only be responsible for allowing access to the Pavilion, and providing
custodial services before, during and after the event.
5.4.3 The Lessor shall pay Lessee the following for City-Sponsored Events unless the
parties specifically agree in writing to another amount:
Base Fee: $250
Hourly Attendance Fee: $35
Excessive Cleanup Surcharge:Reimbursement of Lessee's actual costs.
5.4.3.1 These fees and charges shall not include services other than access to an
empty, clean Pavilion with a comfortable temperature and well-stocked
restrooms. Additional services such as catering shall be billed at Lessee's
normal rates, and the exclusivity of Lessee's right to provide such services
shall remain in affect during these City Sponsored Events. The room
rental revenue (but not the catering revenue) from these City-Sponsored.
Events to Lessor shall not be subject to the Revenue Sharing provisions of
Subsection 1.9.2.
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5.4.3.2 Lessee reserves the right to be the sole provider of catering at all City-
Sponsored Events at the Pavilion, as well as the right to waive that
provision, as long as Lessee does not owe any amounts past due or late
charges.
5.4.4 Scheduling of these City-Sponsored Events shall not fall within the following
times and dates unless otherwise approved by Lessee in writing:
Friday Evenings after 3:00pm
Saturdays
Sundays
Holidays
5.4.4.1 However, the exclusions in this Subsection 5.4.4 shall not apply during
the annual Renton River Days event and for the annual Holiday Tree
Lighting festivities.
5.4.5 Piazza Events:
5.4.5.1 Lessor may schedule a maximum of thirty-six (36) City-Sponsored Events
in the Piazza Park such as the Renton Farmers' Market, the Cinema on
the Piazza summer movies, festivals and the like where Lessee shall
provide access to Pavilion restrooms (but not the entire building).
5.4.5.2 Lessor shall provide Lessee with at least sixty (60) calendar days advance
notice for such events. Lessee agrees to work with other potential users
of the Pavilion for the dates of such Piazza events to coordinate shared
use of the Pavilion restrooms, if possible. However, if Lessee has another
use scheduled for the Pavilion where shared use of the restrooms is not
possible for one (1) or more of the above Piazza events, Lessee shall
provide Lessor with at least fifteen (15) business days advanced notice, in
which case Lessee shall not provide access to the Pavilion restrooms and
Lessor or the Piazza event sponsor shall secure commercially available
portable toilets at its own expense, if"desired.
5.4.5.3 If there is no other event scheduled or another event scheduled where
the Pavilion restrooms may be shared, Lessee shall make the restrooms
at the Pavilion available for $50.00 for each eight (8) hour period per
event for Farmers' Market, Return to Renton Car Show & River Days
vendors & volunteers only. Said fee shall be paid by Lessor or the Piazza
event sponsor within thirty (30) calendar days of receipt of invoice from
Lessee. Lessee shall be responsible for opening, monitoring, cleaning,
restocking and locking the Pavilion restrooms for each such event.
Responsibility for any injury or damage to persons or property that
occurs in any way as a result of the use of the Pavilion restrooms for such
Piazza events shall be apportioned by fault. The $50.00 payments for use
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of the Pavilion restrooms described in this Subsection 5.4.2 shall not be
subject to the Revenue Sharing provisions of Subsection 1.9.3.
5.4.5.4 Lessee shall have and maintain control of keyed access and conditions of
use for restrooms during Piazza events.
5.4.5.5 If another event is scheduled during one (1) of the above-mentioned or
similar Piazza events, Lessee shall inform the Pavilion user for such date
of the Piazza event so that the user is aware in advance of potential
impacts from the Piazza event on the user's event or meeting on the
Pavilion.
Section 5.5 Signs:
5.5.1 Lessee shall not place any interior or exterior signs on the Pavilion without
Lessor's prior written consent.
Section 5.6 Indemnity:
5.6.1 Lessee's Indemnification of Lessor:
5.6.1.1 Lessee, shall indemnify, defend and hold Lessor harmless from and
against any and all costs, claims, fees, losses or liability, or any portion
thereof, arising from: (a) Lessee's use of the Pavilion; (b) the conduct of
Lessee's business or anything else done or permitted by Lessee in or
about the Pavilion, including any contamination of the Pavilion property
or any other property resulting from the presence or use of Hazardous
Material caused or permitted by Lessee; (c) any breach or default in the
performance of Lessee's Lease obligations; (d) any misrepresentation or
breach of warranty by Lessee; or (e) other acts or omissions of Lessee.
5.6.1.2 Lessee shall defend Lessor against any such cost, claim, fee, 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 Pavilion 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 5.6, the term "Lessee," for purposes of triggering indemnification,
shall include Lessee, and Lessee's officers, employees, agents,
contractors, volunteers and invitees.
5.6.1.3 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. The parties have freely negotiated this provision.
Pavilion Lease [Type text] • 15
5.6.1.4 The provisions of this Subsection 5.6.1 shall survive the termination or
expiration of this Lease.
Subsection 5.6.2 Lessor's Indemnification of Lessee:
5.6.2.1 Subsection 5.6.2 shall apply only to Lessor's liability and responsibility for
(i)the City-Sponsored Events provided for in Subsection 5.4.1; and (ii)the
use of the Pavilion restrooms for Piazza events provided for in Subsection
5.4.2.' Lessor shall provide no other indemnification for Lessee.
5.6.2.2 Subject to the above limitations, Lessor 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
Pavilion, that materially harms Lessee; (b) the conduct of Lessor's
business or anything else done or permitted by Lessor in or about the
Pavilion, including any contamination of the Pavilion or any other
property resulting from the presence or use of Hazardous Material
caused or knowingly permitted by Lessor, that materially harms the
Lessee; (c) any material breach, subject to Article 15, or default in the
performance of Lessor's obligations under this Lease, that materially
harms Lessee; (d) any material misrepresentation or breach of warranty
by Lessor under this Lease,that materially harms Lessee; or (e) other acts
or omissions of Lessor, that materially harms Lessee. Subject to the
limitations above, 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.
5.6.2.3 As a material part of the consideration to Lessee, Lessor assumes all risk
of damage to property or injury to persons in the Pavilion arising from
the negligence of the Lessor or its agents, and only 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
- - - 56 fhe�erm Lessor,'-for-purposes-of-triggering Indemnification, shall-�--- ----� --
include Lessor's elected officials, officers, employees, agents, contractors,
volunteers and invitees.
5.6.2.4 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. The parties have freely negotiated this provision.
5.6.2.5 The provisions of this Subsection 5.6.2 shall survive the termination or
expiration of this Lease.
Pavilion Lease [Type text] • 16
Section 5.7 Lessor's Access:
5.7.1 Lessor may access the main electrical room on the northeast side of the Pavilion
at any time and without notice for the purpose of using or maintaining the
electrical service, exterior lighting controls for the Piazza r Park, and
communications/CCTV equipment. Lessor may also access the restrooms at the
Pavilion for Piazza events as provided for in Subsection 5.4.5.
5.7.2 Lessor or its agents may enter the Pavilion at all reasonable times to show the
Pavilion to potential buyers, investors, lessees or others as Lessor sees
necessary. Lessor shall give Lessee reasonable prior notice of such entry, except
in the case of emergency. Lessor may place customary "For Lease signs on the
Pavilion at any time during the Lease. Lessee may take down the "For Lease"
signs during events, but shall replace them immediately afterwards.
Section 5.8 Quiet Possession:
5.8.1 If Lessee pays the Base Rent, Revenue Sharing, parking revenue and complies
with all other terms of this Lease, Lessee may occupy and enjoy the Pavilion for
the full Lease Term, subject to the provisions of this Lease. Subject to the
provisions above, Lessee acknowledges that the Pavilion is located adjacent to
the Piazza Park and the Renton Transit Center and that, as such, the use of the
Pavilion may be impacted by the day-to-day activities in the adjacent spaces or
City-sponsored or endorsed activities in the Piazza Park, including but not limited
to the Piazza events described in Subsection 5.4.
Section 5.9 Hazardous Material:
5.9.1 Lessor represents and warrants to Lessee that,to the best of Lessor's knowledge,
there is no "Hazardous Material" (as defined below) on, in, or under the Pavilion
as of the Commencement Date except as otherwise disclosed to Lessee in.
writing before the execution of this Lease. If there is any Hazardous Material on,
in, or under the Pavilion as of the Commencement Date, which has been or
thereafter becomes unlawfully released through no fault of Lessee, then Lessor
shall indemnify, defend and hold Lessee harmless from any and all claims,
judgments, damages, penalties, fines, costs, liabilities or losses including without
limitation sums paid in settlement of claims, attorneys' fees, consultant fees and
expert fees, incurred or suffered by Lessee either during or after the Lease Term
as the result of such contamination.
5.9.2 Lessee shall not cause or permit any Hazardous Material to be brought upon,
kept, used in or about, or buried or disposed of on the Pavilion by Lessee, its
officers, agents, employees, contractors, volunteers or invitees, except after
written notice to the Lessor at least five (5) business days before such possession
or use on or near the Pavilion, and in strict compliance with all applicable
federal, state and local laws, regulations, codes and ordinances.
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Pavilion Lease • [Type text] 17
5.9.3 If Lessee breaches the obligations stated in the preceding sentence, then Lessee
shall indemnify, defend and hold Lessor harmless from any and all claims,
judgments, damages, penalties, fines, fees, costs, liabilities or losses including,
without limitation, diminution in the value of the Pavilion, damages for the loss
or restriction on use of rentable or usable space or of any amenity of the
Pavilion, or elsewhere, damages arising from any adverse impact on marketing
of space at the Pavilion, damage related to any environmental contamination,
and sums paid in settlement of claims, attorneys' fees, consultant fees and
expert fees incurred or suffered by Lessor 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 or not
required by any federal, state or local governmental agency or political
subdivision, because of Hazardous Material present in or under the Pavilion, or
in its soil or its ground water. Lessee also agrees to grant Lessor the right to
enter the Pavilion 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 or below the Pavilion.
5.9.4 Lessee shall immediately notify Lessor in writing of any inquiry, investigation or
notice that Lessee may receive from any third-party regarding the actual or
suspected presence of Hazardous Material on the Pavilion, and forward any
related documents or materials to the City.
5.9.5 Without limiting the foregoing, if the presence of any Hazardous Material
brought upon, kept or used in or about the Pavilion by Lessee, its officers,
agents, employees, contractors, volunteers or invitees, results in any unlawful
release of Hazardous Material on, in or underneath the Pavilion or any other
property, Lessee shall promptly take all actions, at its sole expense, as are
necessary to return the Pavilion or any other property, to the condition existing
prior to the release of any such Hazardous Material; provided that Lessor's
approval of such actions shall first be obtained, which approval may be withheld
at1essor's sole discretion: - - -- -- — --
5.9.6 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.
I
Pavilion Lease • [Type text] 18
ARTICLE 6. CONDITION OF PROPERTY; MAINTENANCE, REPAIRS AND ALTERATIONS
Section 6.1 Existing Conditions:
6.1.1 Lessee accepts the Pavilion 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 Pavilion or the suitability of
the Pavilion for Lessee's intended use. Lessee represents and warrants that
Lessee has made its own inspection of and inquiry regarding the condition of the
Pavilion and is not relying on any representations of Lessor or any Broker with
respect thereto. As the Lessee of the Pavilion before this current Lease is
executed, Lessee has not given Lessor notice of any existing condition to resolve.
Section 6.2 Exemption of Lessor from Liability:
6.2.1 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, volunteers,
invitees, customers or any other person in or about the Pavilion, whether such
damages or injury is caused by or results from: (a) fire, steam, electricity, water,
gas, snow, rain, or volcanic activity; (b) the breakage, leakage, obstruction or
other defects of pipes, sprinklers, wires, appliances, plumbing, air condition or
lighting fixtures or any other cause; or (c) conditions arising in or about the
Pavilion or upon other portions of the Project, or from other sources or places.
6.2.2 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 6.3 Maintenance and Repairs:
6.3.1 Lessee shall have total responsibility for maintenance as described in Exhibit D,
Maintenance Schedule, routine repairs and custodial services for the Project.
6.3.2 Exhibit D details Lessee's maintenance and custodial duties.
6.3.3 Lessee shall maintain records on the Pavilion that document Lessee's
performance of preventative maintenance, inspections and service to the HVAC
and other building systems included in Exhibit D, Section II (Mechanical). Such
records shall be available for inspection by Lessor.
6.3.4 Lessor will conduct periodic inspections of the Pavilion and the above records
with ten (10) calendar days notice to assure compliance with the maintenance
and custodial requirements. Lessor reserves the right to perform emergency
Pavilion Lease T e text •
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maintenance services to safeguard and preserve the integrity of the Pavilion 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 1.10. Lessee's repeated failure to
maintain the Pavilion shall constitute a material breach, subject to Article 15.
6.3.5 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 Pavilion.
6.3.6 Lessor shall be responsible for all exterior damage repair and maintenance of the
Pavilion Building, unless caused by Lessee's use, or the Lessee's agents,
employees, contractors, volunteers or invitees. Lessor shall assume
responsibility for all items of HVAC major maintenance identified in Exhibit D, or
related to such maintenance.
6.3.7 Lessor has provided Lessee at no charge with instruction regarding the operation
and maintenance of HVAC and other mechanical systems located in the Pavilion
Building and the use of the Maintenance Schedule included in Exhibit D. Lessor
shall be responsible for water treatments for the chiller loop and for the annual
boiler inspection and maintenance.
6.3.8 Subject to the provisions of Article 7, if Lessee properly performs the required
preventative maintenance, inspections and service included in Exhibit D, Section
II, Lessor shall be responsible for repairing failures to the following equipment,
systems or components on the Pavilion: 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.
Section 6.4 Alterations"and Other Changes:
6.4.1 Lessee shall not make any alterations to the Pavilion or install interior or exterior
signage without Lessor's prior written consent.
6.4.1.1 Lessee shall pay for any alterations approved by Lessor.
6.4.1.2 The term "Alterations" shall mean any addition, modification,
improvement or removal, other than the installation of carpet, shelves,
movable partitions, Lessee's equipment, and trade fixtures which may be
performed without damaging existing improvements, fixtures, walls,
floors, or the structural integrity of the Pavilion, and Lessor's consent
Pavilion Lease [Type text] • 20
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.
6.4.1.3 Lessor may require Lessee to provide demolition and/or lien and
completion bonds in form and amount satisfactory to Lessor. Lessee shall
immediately remove any alterations, additions, or improvements
constructed in violation of this Section 6.4 upon Lessor's written request.
6.4.1.4 All alterations shall be done in a good, code=compliant and workmen-like
manner, in conformity with all applicable laws and regulations, and by a
contractor approved by Lessor. Before commencement of any alteration,
Lessee shall provide Lessor with all plans, blueprints, and designs for
review. 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.
6.4.1.5 All alternations shall become the property of Lessor upon termination or
expiration of the Lease.
6.4.2 Lessee shall pay when due all claims for labor and material furnished to the
Pavilion. Lessee shall give Lessor at least twenty (20) calendar days prior written
notice of the commencement of any work on the Pavilion, regardless of whether
Lessor's consent to such work is required. Lessor may elect to record and post
notices of non-responsibility on the Pavilion. 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 Pavilion.
Section 6.5 Pavilion Condition Upon Termination of Lease
6.5.1 Upon the termination of the Lease, under Article 15, Lessee shall surrender the
Pavilion 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. Holes in walls or floors shall not constitute
ordinary wear and tear. However, Lessee shall not be obligated to repair any
damage which Lessor is required to repair under Article 7.
6.5.2 All alterations shall become Lessor's property 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
Pavilion, provided that Lessee has paid Lessor all monies owed.
Pavilion Lease [Type text] • 21
6.5.3 Lessee shall repair, at Lessee's expense, any damage to the Pavilion caused by
the removal of any such machinery, specialty cabinets installed by Lessee,
computer, telephone or other communication or electronic equipment, or other
equipment.
6.5.4 In no event shall Lessee remove any of the following materials or equipment
(agreed to be Lessor's property) without Lessor's prior written consent: any
power wiring or power panels; 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.
6.5.5 Within thirty (30) calendar days after the expiration or early termination of this
Lease, Lessee shall remove from.the Pavilion, at its sole expense, all equipment,
furnishings, and other personal property owned and placed in or on the Pavilion
by the Lessee unless otherwise provided for in the Lease. If Lessee fails to
I
removed such equipment, furnishings, and other personal property within the
time allowed, 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 fora period of thirty (30) calendar days or more, the proceeds of
p Y
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 considered forfeited
and deposited into the City's general fund.
ARTICLE 7. DAMAGE OR DESTRUCTION
Section 7.1 Partial Damage to Property:
-- -= 7:1.1---Lessee -shall notify- Lessor- in-writing-immediately upon--the occurrence of any - - ---- --
damage to the Pavilion. If the Pavilion is only partially damaged, [i.e., less than
fifty percent (50%) of the Pavilion 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 4.3 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, subject to an agreement that Lessee pay
for such repair. Lessee shall pay Lessor, if the damage was due to an act or
omission of Lessee, or Lessee's employees, agents, contractors, volunteers or
invitees,the "deductible amount," if any, under Lessor's insurance policies.
Pavilion Lease [Type text] 22
7.1.2 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 4.3, Lessor may elect to (i) repair
the damage, (ii) Lessor may chose to continue honor the this Lease and/or (iii)
Lessor may terminate this Lease as of the date the damage occurred.
7.1.2.1 Lessor shall notify Lessee within thirty (30) calendar days after receipt of
notice of the damage whether Lessor elects to terminate the Lease.
7.1.2.2 Lessee shall pay Lessor, if the damage was due to an act or omission of
Lessee, or Lessee's employees, agents, contractors, volunteers or
invitees,the "deductible amount," under Lessor's insurance policies.
7.1.2.3 If Lessor elects to terminate the Lease, under Article 15, Lessee shall pay
the cost of such repairs, except that upon satisfactory completion of such
repairs, Lessor shall deliver to Lessee insurance proceeds to cover the
cost of Lessee's repairs.
7.1.2.4 If the Lessor elects to not terminate the Lease, Lessee shall repair any
damage to the Pavilion.
7.1.3 If the damage to the Pavilion 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. This opportunity to terminate shall not
absolve Lessee of its responsibility to repair and/or indemnify Lessor for the
Lessee's negligence or damage to Lessor's property.
Section 7.2 Substantial or Total Destruction:
7.2.1 If the Pavilion is substantially or totally destroyed by any cause whatsoever (i.e.,
the damage to the Pavilion is greater than partial damage as described in Section
7.1, and regardless of whether Lessor receives any insurance proceeds, this
Lease shall terminate as of the date the destruction occurred). Subject to the
preceding sentence, if the Pavilion can be rebuilt within six (6) months after the
date of destruction, Lessor may elect to rebuild the Pavilion, and may chose to
have this Lease remain in 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.
Pavilion Lease [Type text] 23
Section 7.3 Temporary Reduction of Rent:
7.3.1 If the Pavilion is destroyed or damaged and Lessor or Lessee repairs or restores
the Pavilion 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, to which Lessee's use of the Pavilion is impaired, unless the
damage was the result of Lessee's negligence. 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 Pavilion.
Section 7.4 Destruction Waiver:
7.4.1 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 Pavilion. Lessee agrees that the 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 Pavilion.
ARTICLE 8. CONDEMNATION
8.1.1 If all or.any portion of the Pavilion 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 Pavilion
is located, or which is located on the Pavilion, 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) days after
receipt of written notice of such taking (or in the absence of such notice, within
ten (10) days after the condemning authority takes title or possession).
8.1.2 If neither Lessor nor Lessee terminates this Lease under Article 15, this Lease
-- shall remain-in effect--alto the portion of the Pavilion not taken, except-that the
Base Rent shall be reduced in proportion to the reduction in the Pavilion floor
area.
8.1.3 Any Condemnation Award or payment shall be distributed in the following order:
(a) first, to any mortgagee or beneficiary under a deed of trust encumbering the
Pavilion,the amount of its interest in the Pavilion; (b) 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 (c) 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.
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Pavilion Lease • [Type text] 24
8.1.4 If this Lease is not terminated, Lessor shall repair any damage to the Pavilion due
to Condemnation, except that Lessor shall not be obligated to repair any damage
for which Lessee has been reimbursed by the condemning authority.
8.1.5 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.
ARTICLE 9. ASSIGNMENT AND SUBLETTING
Section 9.1 Lessor's Consent Required:
9.1.1 No portion of the Pavilion 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") without Lessor's prior written consent. Lessor has the right to grant
or withhold its consent as provided in Section 9.3 below.
9.1.2 Any attempted transfer without Lessor's prior written consent shall be void and
shall constitute a non-curable material breach subject to Article 15. If Lessee is a
partnership or limited liability company, any cumulative transfer of more than
twenty percent (20%) of the entity's interests shall require Lessor's consent.
9.1.3 If Lessee is a corporation, any change in the ownership of a controlling interest
of the voting stock of the corporation, cumulatively over the life of the Lease,
shall require Lessor's consent.
Section 9.2 No Release of Lessee:
9.2.1 No transfer shall release Lessee or change Lessee's primary liability to pay the
Base Rent, Revenue Sharing and to perform all other obligations of Lessee under
this Lease. Lessor's acceptance of Base Rent or Revenue Sharing from any other
person is not a waiver of any provision of this Article 9. Consent to one transfer
is not consent to any subsequent transfer.
9.2.2 If Lessee's transferee defaults under this Lease, Lessor may proceed directly
against Lessee without pursuing remedies against the transferee, or against both
the Lessee and its transferee. Lessor may consent to subsequent assignments or
modifications of this Lease by Lessee's transferee, without notifying Lessee or
obtaining its consent, and without relieving Lessee of liability under this Lease.
Section 9.3 Lessor's Consent:
9.3.1 Lessee's request for consent to any transfer described in Section 9.1 shall set
forth in writing the details of the proposed transfer, including the name,
business and financial condition of the prospective transferee,financial details of
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Pavilion Lease • [Type text] 25
the proposed transfer (e.g., the term of and the rent and security deposit
payable under any proposed assignment or sublease), and any other information
Lessor deems relevant. Lessor shall have the right to withhold consent, or to
grant consent, based on the following factors: (i) the business of the proposed
assignee or sublessee and the proposed use of the Pavilion; (ii) the net worth
and financial reputation of the proposed assignee or sublessee; (iii) Lessee's
compliance with all of its obligations under the Lease; and iv such other factors
p g ( )
as Lessor may reasonably deem relevant in its sole discretion.
ARTICLE 10. DEFAULT OR FAILURE OF CONSIDERATION
10.1.1 Lessee's performance of each of Lessee's obligations under this Lease is a
condition as well as a covenant. Lessee's right to continue in possession of the
Pavilion is strictly conditioned upon such performance, including but not limited
to rent, revenue sharing, parking revenue and maintenance. Time is of the
essence in the performance of all covenants and conditions.
10.1.2 Lessor may terminate the Lease, under Article 15, and take possession of the
Pavilion in the event that the Lessee shall have failed to perform any of the
covenants or 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.
10.1.3 Under such circumstances as noted in this article, the Lessee is still responsible
for any outstanding amounts, as well as penalties, and any other liabilities,
attorney's fees,filing fees, costs and assessments.
10.1.4 The vacating or abandonment of the Pavilion shall constitute a default and a
material breach by Lessee.
10.1.5 The making by Lessee or any general assignment, or general arrangement for the
benefit of creditor, the appointment of a trustee or receiver to take possession
of-substantially all-of Lessee's- assets-located--at the—Pavilion or of-Lessee's -- -
interest in the Pavilion, or the attachment, execution or other judicial seizure of
substantially all of Lessee's assets located at the Pavilion or of Lessee's interest in
the Pavilion shall constitute a default, and a material breach by Lessee.
ARTICLE 11. PROTECTION OF LENDERS
Section 11.1 Subordination:
11.1.1 Lessor shall have the right to subordinate this Lease to any ground lease, deed of
trust or mortgage encumbering the Pavilion, any advances made on the security
thereof and any renewals, modifications, consolidations, replacements or
extensions thereof, whenever made or recorded. Lessee shall cooperate with
•
Pavilion Lease • [Type text] 26
Lessor and any lender which is acquiring a security interest in the Pavilion or the
Lease.
11.1.2 Lessee shall execute such further documents and assurances as such lender may
require, provided that Lessee's obligations under this Lease shall not be
increased in any material way (the performance of ministerial acts shall not be
deemed material), and Lessee shall not be deprived of its rights under this Lease.
Lessee's right to quiet possession of the Pavilion during the Lease Term shall not
be disturbed if Lessee pays the Base Rent, Revenue Sharing and performs all of
Lessee's obligations under this Lease and is not otherwise in default.
11.1.3 If any ground Lessor, beneficiary or mortgagee elects to have this Lease prior to
the lien of its ground lease, deed of trust or mortgage and gives written notice
thereof to Lessee,this Lease shall be deemed prior to such ground lease, deed of
trust or mortgage whether this Lease is dated prior or subsequent to the date of
said ground lease, deed of trust or mortgage or the date of recording thereof.
Section 11.2 Attornment:
11.2.1 If Lessor's interest in the Pavilion is acquired by any ground Lessor, beneficiary
under a deed of trust, mortgagee, or purchaser at a foreclosure sale, Lessee shall
attorn to the transferee of or successor to Lessor's interest in the Pavilion and
recognize such transferee or successor as Lessor under this Lease. Lessee waives
the protection of any statute or rule of law which gives or purports to give
Lessee any right to terminate this Lease or surrender possession of the Pavilion
upon the transfer of Lessor's interest.
Section 11.3 Signing of Documents:
11.3.1 Lessee shall sign and deliver any instrument or documents required to evidence
any such attornment or subordination or agreement to do so.
11.3.2 If Lessee fails to do so within twenty (20) calendar days after written request,
Lessee hereby makes, constitutes and irrevocably appoints Lessor, or any
transferee or successor of Lessor, the attorney-in-fact of Lessee to execute and
deliver any such instrument or document.
Section 11.4 Estoppel Certificates:
11.4.1 Upon Lessor's written request, Lessee shall execute, acknowledge and deliver to
Lessor a written statement certifying: (i) that none of the terms or provisions of
this Lease have been changed (or if they have been changed, stating how they
have been changed); (ii)that this Lease has not been canceled or terminated; (iii)
the last date of payment of the Base Rent and other charges and the time period
covered by such payment; (iv) that Lessor is not in default under this Lease (or, if
Lessor is claimed to be in default, stating why); and (v) such other
•
Pavilion Lease • [Type text] 27
representations or information with respect to Lessee or the Lease as Lessor may
reasonably request or which any prospective purchaser, encumbrancer, or
interest-holder of the Pavilion may require.
11.4.2 Lessee shall deliver such statement to Lessor within twenty (20) calendar days
after Lessor's request. Lessor may give any such statement by Lessee to any
prospective purchaser, encumbrancer, or interest-holder of the Pavilion. Such
person or persons may rely conclusively upon such statement as true and
correct.
11.4.3 If Lessee does not deliver such statement to Lessor within such twenty (20) day
period, Lessor, and any prospective purchaser, encumbrancer, or interest-holder
may conclusively presume and rely upon the following facts: (i) that the terms
and provisions of this Lease have not been changed except as otherwise
represented by Lessor; (ii) that this Lease has not been canceled or terminated
except as otherwise represented by Lessor: (iii) that not more than one month's
Base Rent or other charges have been paid in advance; and (iv) that Lessor is not
in default under the lease. In such event, Lessee shall be estopped from denying
the truth of such facts.
ARTICLE 12. LEGAL COSTS
Section 12.1 Legal Proceedings:
12.1.1 If Lessee or Lessor shall be in material 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 material 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 court in such action shall award to the party in whose favor a judgment is
- entered, a reasonable=sum as attorneys' fees,filing-fees and-costs.- The losing--
party in such action shall pay such attorneys'fees and costs.
12.1.2 Lessee shall indemnify Lessor against and hold Lessor harmless from all costs,
fees, expenses, demands and liability Lessor may incur if Lessor becomes or is
made a party to any claim or action (a) 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 Pavilion by license of or agreement with Lessee;
(b) for foreclosure of any lien for labor or material furnished to or for Lessee or
such other person; (c) otherwise arising out of or resulting from any act or
transaction of Lessee or such other person; or (d) 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.
Pavilion Lease [Type text]
• Zs
12.1.3 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.
Section 12.2 Lessor's Consent:
13.2.1 Lessee shall pay Lessor's reasonable attorneys' fees incurred in connection with
Lessee's request for Lessor's consent under Article 9 (Assignment and
Subletting), or in connection with any other act which Lessee proposes to do and
Which requires Lessor's consent.
ARTICLE 13. MISCELLANEOUS PROVISIONS
Section 13.1 Non-Discrimination:
13.1.1 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 or ancestry in the leasing,
subleasing, transferring, occupancy, tenure or use of the Pavilion or any portion
thereof, unless exempted by applicable state or federal legislation or judicial or
quasi-judicial decisions. Discrimination shall be a material breach, subject to
Article 15.
Section 13.2 Lessor's Liability; Certain Duties:
13.2.1 As used in this Lease, the term "Lessor" means only the current owner or owners
of the fee title to the Pavilion or the leasehold estate under a ground lease of the
Pavilion 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 deliver to
its transferee all funds that Lessee previously paid if such funds have not yet
been applied under the terms of this Lease.
13.2.2 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 Pavilion 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) 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
Pavilion Lease 0 [Type text] • 29
commenced within such thirty (30) calendar day period and thereafter is
diligently pursued to completion.
Section 13.3 Severability:
13.3.1 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.
Section 13.4 Interpretation:
13.4.1 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, volunteers, invitees, successors or
others using the Pavilion 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 elected officials, officers, agents, employees, contractors,
volunteers, invitees, successors or others using the Pavilion with Lessor's
expressed or implied permission.
Section 13.5 Incorporation of Prior Agreements; Modifications:
13.5.1 This Lease is the only agreement between the parties pertaining to the lease of
the Pavilion and no other agreements are effective. All amendments to this
Lease must be in writing and signed by all parties. Any other attempted
amendment, unless in writing and signed by each party shall.be void.
Section 13.6 Notices:
13.6.1 -All notices,required or permitted under—this-Lease_ g shaal.be_in.writin -and-shall be.. -_
personally delivered or sent by certified. mail, return-receipt requested, postage
prepaid. Notices to Lessee or 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 by written notice to the other party.
Section 13.7 Waivers:
13.7.1 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 or revenue sharing
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
Pavilion Lease * [Type text] . • 30
on Lessor. Lessor may, with or without notice to Lessee, negotiate such check
without being bound to the conditions of such statement.
Section 13.8 No Recordation:
13.8.1 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 13.9 Binding Effect; Choice of Law:
13.9.1 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 13.10 Entity Authority:
13.10.1 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 or she has full
authority to do so and that this 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, she or it is a
general partner of the partnership, that he, she 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.
Section 13.11 Joint and Several Liability:
13.11.1 All parties signing this Lease as Lessee shall be jointly and severally liable for all
obligations of Lessee.
Section 13.12 Force Maieure:
i
13.12.1 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.
Pavilion Lease [Type text] • 31
Such events include, but are not limited to, Acts of God, war, civil commotion,
labor disputes, strikes, fire, earthquake, flood or other casualty, shortages of
labor or material, government regulation or restriction, volcanic eruption, and
weather conditions.
Section 13.13 Execution of Lease:
13.13.1 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 13.14 Survival:
13.14.1 All representations and warranties of Lessor and Lessee shall survive the
expiration or early termination of this Lease.
ARTICLE 14. BROKERS
14.1 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,
fee, 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.
ARTIC LE 1 5 TERMINATION
15.-1_ This Lease may be-terminated.b-y-eithe-r-par-ty-fora-mate-vial-breach-that-is-non--- _ . -
curable or that has not been cured upon notice in a reasonable time. A material
breach may be a breach that has not been identified as a material breach in this
Lease.
15.2 This Lease may be terminated for convenience if agreed to by both parties.
15.3 As a result of a default and/or material breach of the this Lease, Lessor may
terminate Lessee's right to possess the Pavilion by any lawful means, in which
case this Lease shall terminate and Lessee shall immediately surrender possession
to the Lessor. If this circumstance arises, Lessor shall be entitled to recover all
damages, fees costs and expenses incurred b Lessor b reason of Lessee's
g p Y Y
default, and forfeit monies held or owed to Lessee by Lessor.
Pavilion Lease [Type text] 32
15.4 Lessor shall not be in default unless Lessor fails to reasonably perform the
requirements of this Lease, upon reasonable written notice by Lessee.
ARTICLE 16. ACKNOWLEDGMENTS
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.
"LESSOR" "LESSEE"
City of Renton Rain City Cate ing
By 4t,�— By:
Denis Law, Mayor Kenneth Rogers, Principa
Date: �� /2- . 2012 Date: �' d \ � , 2012
Attest:
By 6M4U i J
Bonnie Walton, City Clerk
Attest:
BlCf
Lawrence J.Warren, City Attorney
q
� �
Pavilion Lease Exhibit A,Legal DescripYion �
EXHIBIT"A"
LEGAL DESCR(PTIt3N
Lats 2, 3, 16, 17 and 18, B{ock 2, Motar Line Addition ta Rentan, accorcfing to the piat thereof
recarded in Valume 9 af Plats, Page 150, Records of King County,Washington.
All situate in the Southeast t2uarter of Sectiott 18, Township 23 North, Range 5 East, W.M., in
the City of Renton, King County, Washington.
`�rr '�*►`
Pavilion Lease Exhibit B—Projed Site Plan xxxii
EXHIBIT"B"
PROJECT SITE PLAN
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Pavilion Lease Exhibit B—ProjeR Site Plan xuxiii
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Pavilion Lease Exhibit"C"—Floor Load Rating Specifications XXxV
EXHIBIT"C"
FLOOR LOAD RATING SPECIFICATIONS
The stringerless load ratings in the following InterfaceAR TecCrete Panel specifications sheet
apply to the Pavilion floor.
� �
Pavilion Lease Exhibit"C"—Floor Load Rating Specifications XXXVI
tnterfaceAR'" I TecCreteTM Panel I Cat.No. CFPXCL13�
D O�
Lightweight
High-strengih CFPXCLI3 Corxr Lock Panel
/r Concrete Comer Section(Full Insert)
� (Bare Finish)
o �� �
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p p�Galvanized
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Electrical
Continuity �omer Insert Enlorged Typical Bare
Contoct Tec-Crete
Specrfications: Corner �ock
Lightwei9ht Nigh-strength Concrete Configuration
24 Guage hot-dipped Galvonized Steel
Panel Size (Nominal): 24"x 24' 1-1/8'
fi�ished Floor Height: 2-1/2" ta 91'
Overoll Pedestol AdjustmenE:2' (PfH>6�
Toleronce: Nominol ponel size t0.015'; flatness Gc squareness within tD.015"
Tec-Crete pertormence retings
• Rolling loods are expressed in pounds per casMr, all other data is staled in maximum pounds of load ond inches of deflection or permonent set.
• Total System Weight= 11.5 Ibs./sq. ft. (up io 23�FFH).
Key to performance ratings
InterfaceAR has tated its flaoring system to 'Recommended Test Procedures for Access Floaing�--Ceiling ond Inferior Systems C.anstruction Associotion
(CISCA). Unifwm and Impad tests have alsn been conducted. Stringers are edge supporting. Tuting reflects weakest point, top surface deflection
in occordnnce with CISCA
1.) Uniform lood dota is based on moximum deflectron of O.D40'. Typiwl slobs under access Floors have uniform lood capacities less than the rating
o( the lowest unifortn load capaaZy o( any C-7EC ser�es floor.
2.) Rotling testr used in the qSCA test procedures a2 performed as follows: 10 passes with a 3� x 7-13/i6'coster; 10.000 passes with a
6" z 1-1/2' coster. Warst-case permonent set (inehes) is shown for each system.
3.) Impact tests are based on 36' drops onto 0 1 inch squarc indenter without ultimate failure of the system.
Rotling' Impzct� Concentrated Unifortrl' Ultimate
' I Stringuless I Stringer I StringeAess I Shringer �Stringerless I Stringer I Stringerless I 5$inger I Strinqerless' Stringer I
10 posses t0,00D I 10 passes I �Q�� � I I PSI ' P51 I PSF I PSF I PSI I PSI I
POSSES qSS�S
I 1200G010I B00<.01� �1200<.01�I 8D0<.D10 I 150 I 150 I13DD<.OBO II600<.080 I 4D0<.040 I 450<.050 I 1600 I 240D I
fnterface Rrchitectural Resources infemetwww.interfacear.com
3700 32nd Street SE,Grand Rapids,MI 49512-1824 Telephone:61�977-8600 Fax:616-977-8617
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Pavilion Lease Exhibit"D"—Maintenance Schedule
EXHIBIT"D"
MAINTENANCE SCHEDULE
Lessee shall provide all equipment and cleaning supplies, including, but not limited to: paper
products (toilet paper, seat covers, sanitary napkins/tampons, paper towels), sani-fresh soap,
air fresheners, and light bulbs. Lessee shall submit samples of all materials and supplies to the
City for approval before use.
I. CUSTODIAL
General Building Specifications
A. Dailv Services(if building occupied):
1. Empty waste receptacles and dispose of waste daily and recycling 1-2 times per
week.
2. Replace liners.
3. Spot clean work surFaces for spillages and stains.
4. Arrange furniture in a neat and orderly manner.
5. Vacuum all carpeted areas and spot clean as needed.
6. Spot clean walls around light switches and doorframes.
7. Sweep and damp mop hard surface floors where applicable.
8. Clean entry area and entry area windows and doors.
B. Weeklv Service
1. Dust window ledges and other horizontal surfaces within reach.
2. Dust and clean accessible surfaces. Use glass cleaner where applicable.
3. Change light bulbs as needed, (to be provided by contracted firm).
4. All telephones to be sanitized clean including public pay phone.
C. Monthlv Services:
1. Vacuum heating and air return vents.
2. Detail vacuum corners and edges of carpeted areas.
3. Perform dusting of high and low ledges and surfaces.
4. Walls to be spot cleaned and dusted.
Restrooms Specifications
A. Dailv Services (if building occupied or restrooms utilized)
1. Dust mop and sweep floor surface.
2. Damp mop floor surfaces with pH neutral disinfectant cleaner.
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 and hand soap.
(All paper products, hand soap and air fresheners furnished by Lessee.)
5. Clean and polish mirrors and dispensers.
i.✓ ,,,,.�'
Pavilion Lease Exhibit"D"—Maintenance Schedule
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 doorframes.
10. Change light bulbs as needed.
11. Fill sanitary napkin/tampon dispensers.
B. Monthlv Services
1. Wipe down walls not done daily.
2. Vacuum air vents.
3. Machine scrub floors.
4. Dust tops of partitions, mirrors and frames.
C. Annual Services (once per year)
1. Re-seal concrete floors, unless the floor is carpeted or the existing seal is deemed
adequate by Lessor.
Common Area Lobbies/Hallways Specifications
A. Dailv Service (if building occupied)
1. Empty and reline waste receptacles(interior and exterior).
2. Spot clean entry door glass.
3. Sanitize and polish drinking fountain.
4. Vacuum carpeted areas in lobbies daily and spot clean as needed.
5. Police and dispose of litter and debris in entranceways.
6. Change light bulbs as needed, (to be supplied by Lessee).
B. Annual Service (once per year)
1. Extraction clean all carpeted areas.
2. Carpet-protector application to cleaned carpet.
3. Vinyl floors stripped and waxed.
II. MECHANICAL
See the following schedules.
P-01 Hot Wafer Pump Heafing Water Pump OP OP OP
P-02 Hot Water Pump Heating Water Pump OP OP OP
P-03 Pump Circulafion Domestic Recirculation Pump OP OP OP
P-04 Chilled Water Pump Chilled Water Pump OP OP OP
P-05 Condenser Water Pump Condenser Water Pump OP OP OP
P-06 Pump Preheat Coil Pump OP OP OP
P-O7 Pump Preheat Coil Pump OP OP OP
EXT-01 Expansion Tank Bladder Ezpansion Tank OP OP OP �
EXT-03 Expansion Tank Bladder Ezpansion Tank OP OP OP
EXT-04 Expansion Tank Bladder Ezpansion Tank OP OP OP
EXT-05 Expansion Tank Bladder Expansion Tank OP OP OP
B-01 Boiler Gas Oil Condensing Fire Tube Boiler AN
DHWT-01 Water Heater Water Heater AN
HX-01 Heat Exchanger Plate Heat Ezchanger AN
HX-02 Heat Exchanger Plate Heat Ezchanger AN �
PREUENTATIVE MAINTENANCE SCHEDULE I
I TAG#I EQUIPMENT TYPE ( DESCRIPTION I I
EF-03 Exhaust Fan Ezhaust Fa� OP OP OP
EF-04 Ezhaust Fan Exhaust Fa� OP OP OP � ,
EF-05 Ezhaust Fan Ezhaust Fa� OP OP OP
UH-01 Heater Unit Heater AN
UH-02 Heater Unit Heater AN —
UH-03 Heater Unit Heater AN
UH-04 Heater Unit Heater AN '
UH-05 Heater Unit Heafer AN — �
AN — I
UH-06 Heater Unit Heater
UH-07 Heater Unit Heafer OP OP OP
UH-08 Heater Unit Heater OP OP OP
EH-01 Heater Unit Heater OP pp
BB-01 Heater Unit Heater OP OP
PRC-01 Heating Coil Heating Coil OP pp
PRC-02 Heating Coil Heating Coil OP OP (
CH-01 Chiller Chiller AN OP OP
CT-01 Cooling Tower Cooling Tower AN OP OP
ITAG #I EQUIPMENT TYPE I DESCRIPTION I PREVENTATIVE MAINTENANCE SCHEDULE
�
FB-03 VAV Boz VAV Boz Fan Powered OP OP OP
FB-04 VAV Box VAV Boz Fan Powered OP OP OP
FB-05 VAV Boz VAV Boz Fan Powered OP OP OP
FB-06 VAV Boz VAV Box Fan Powered OP OP OP
FB-07 VAV Box VAV Box Fan Powered OP OP OP
FB-08 VAV Box VAV Box Fan Powered OP OP OP
FB-09 VAV Box VAV Box Fan Powered OP OP OP
AHU-01 , Air Handler Air Handling Unit OP OP OP �
AHU-02 Air Handler Air Handling Unit OP OP OP
SF-01-1 Supply Fan Supply Fan OP OP OP
RF-01-1 Refurn Fan Return Fan OP OP OP
SF-02-1 Supply Fan Supply Fan OP OP OP
RF-02-1 Return Fan Return Fan OP OP OP
ST-01 Strainer 0 AN
UFD-01 Variable Frequency Drive Variable Frequency Drive OP OP OP �
VFD-02 Variable Frequency Drive Variable Frequency Drive OP OP OP
i
� � rr.r
Pavilion Lease Exhibit"D"—Maintenance Schedule �clii
Preventative Maintenance Schedule- Key to Abbreviations
IAbbreviations; I � Full Description- � �
IMI I Minor Inspection I
___ __ __
AN I Annual inspection I
IOP I Operationallnspection I
IFC I Filter Change Only I
ICC I Coil Cleaning I
( BC I Belt Change I
�, '� ,
-- ---- ---- ---- - - -- ------- -- -- - _ ------_ _
Pavilion Lease 6chibit"D".—Maintenance Sched'ule' _ ,, xliii
Chiller Scroll-Water.Cooled
Minor lnspection
Preventative Maintenance Task List*
-- -- ---- _ _ - - - -- �,___.__. _ ._._...__ . -- _.__._.._._. . ... -
■ Record pressures/temperatures
Site Visit Baseline ■ Check expansion valve
■ Check for safe equipment access
■ Isolate equipment& lock out Compressor
■ Document work done during inspection ■ Check and record oil pressure
■ Check and record oil level
Operational Inspection ■ Check for leaks
■ Verify operation ■ Inspect siteglass for leaks
■ Document performance &deficiencies
Lubrication
Performance ■ Lube motor bearings as required
■ Record runtime and start counts • Lube solid coupling as required
■ Check and record evaporator pressure
■ Check and record evaporator water temps. Housekeeping
■ Check and record chilled water temps. ' Wipe off excess lubricants
■ Check and record condenser pressure ' Clean up work area
■ Check and record condenser temperatures Optional Tasks
Condition Monitoring * Not all tasks are applicable to all equipment
■ Check for improper vibration
Safeties
■ Check pressure switches for leaks
■ Check pressure relief valves
Electrical
■ Check for loose or burnt wiring
■ Check all electrical connections
Controls
■ Exercise controls where possible
■ Check cabinets for debris
Drive Motors
■ Check all hold down bolts
■ Check motor fan
■ Check end bells for dirt or debris
Drive Components
■ Check sheaves for wear and alignment
■ Check long coupling alignment
■ Lube coupling as needed
■ Check coupling for looseness or wear
■ Check drive belt for wear
Evaporator
■ Check for leaks
�
`r�r✓ r.r�
__�_ �_._ --- --_ _.__---—
— —— -- __�__.__.,_ _ -__ - - - — -- --
Pavilion Lease.�, Exhibit"D"—MainYenance Schedule
. � . _ xliv ;
�.. . . _ .,
_, .,
. - , ;_ - Fan Supply�
:'- � ° Minor Inspection, . ' '
� Preventative Maintenance Task List*'
■ Clean up work area
Site Visit Baseline *Not all tasks are applicable to all equipment
■ Check for safe equipment access
■ Isolate equipment& lock out
■ Document work done during inspection
Operational Inspection
■ Verify operation of unit
■ Note any abnormal vibration or noise
Safeties
■ Check for loose or burnt wiring
Controls
■ Check all terminations in control panel
Drive Motor
■ Check for dirt&debris around end bell
■ Check motor cooling fan
■ Check motor mounting fasteners
■ Check bearings for wear and end play
■ Check motor mounting bracket
Drive Components
■ Check sheaves for wear
Fa n
■ Check for correct fan rotation during wind
down
■ Check fan for obstructions or debris
■ Check fan bfades for cracks
■ Check fan blades for dirt build-up
■ Check fan to housing clearances
■ Check rain guard
Lubrication
■ Lubricate motor and fan bearing
General Maintenance
■ Check for corrosion
Housekeeping
■ Wipe off any excess lubricant
� � •. �
- — --- _ - - -- - — - - - -�-- ----- --- -- - -- - - -- - --
Pavilion Lease Exhibit"D"—Maintenance Schedule _ _ xlv
Boiler Gas/Oil �, _ "
... 'Operatiorial Inspection
Preventative Maintenance Task List*
Site Visit Baseline
■ Check for safe equipment access
■ Isolate equipment&lock out
■ Document work done during inspection
Operational Overview
■ Verify overall operation
■ Check water level devices
■ Check boiler pressure
■ Check pressure relief valve
■ Inspect sacrificial anode
■ Perform blowdown
Electrical
■ Check operating voltage
■ Check Hi Temp/Hi Pressure cutout
■ Check function of step controller
■ Check fuses and their blocks
■ Check wiring
■ Take amperage readings
Plumbing
■ Visually inspect for water leaks
■ Visually inspect valves
■ Clean feedwater strainers
■ Check sightglasses
Gas
■ Check for gas leaks .
■ Check flame quality and orifices
■ Check ignition operation
■ Check for soot
■ Assure fuel shutoff
■ Check gas pressure regulator
■ Check induced draft operation
■ Check blower static pressure
*Not all tasks are applicable to all equipment
� � ��.r
----------- --_ ... ------ ------- ------ – -------- _--------_— __ - -----_------_.__ i—
Pavilion Cease Exhibit"D"—Mainfenarice Schedule x vi
- Water Heater Gas .._
_:; : . ' Operational Irispection _
-
Preventative Maintenance-Task List
Pressure Relief Valve
■ Check valve operation
Site Visit Baseline ■ Check for leaks
■ Check for safe equipment access ■ Check for corrosion
■ Isolate equipment& lock out
■ Document work done during inspection General Maintenance
■ Check for water leaks
■ Check for corrosion
Operational Inspection
■ Verify overall operation Operational Tasks
■ Check sacrificial anode
Performance ■ Check pressure relief valve
■ Drain several gallons from tank to remove
sediment *Not all tasks are applicable to all equipment
■ Check water temperature
Safeties
■ Check for loose or burnt wiring
■ Check trip all trip points
Electrical
■ Check electrical contacts for wear& pitting
■ Check and tighten electrical connections
Burner
■ Check ignition system
■ Check burners
■ Check flame quality
■ Check for CO traces
■ Check flue
Thermostat
■ Check operation with amp meter
I.
� � •
' _ __- _ -"___ _ _ ' ' _ "_ _"__ _ _ _- _" -_ _ _ _". _ " ______ _ -___-_-__ __-_____ "' _" ""__ ' " _
Pavilion Lease Exhibit"D"—Maintenance Schedule xlvii
Air Handler with Coils
Minor Inspection
Preventative Maintenance Task List*
■ Number and size of belts
Site Visit Baseline ■ Inspect Fan blade
■ Check for safe equipment access ■ Verify proper operating of fans
■ Isolate equipment& lock out ■ Lubricate fan and motor
■ Document work done during inspection
Filter Section
Operational Overview ■ Note filter condition
■ Note current outside air temp and ■ Change filters per schedule
weather conditions ■ Note condition of outside air
■ Verify overall operation filters/screens
■ Note any abnormal vibration or noise
*Not all tasks are applicable to all equipment
Indoor Coils
■ Note cleanliness of coil
■ Check for refrigerant leaks
■ Check for condensate pan and drain
■ Check for water leaks
Controls
■ Check all terminations in control panel
Economizer Section
■ Check for dirt accumulation
Return Fan Section
■ Inspect bearings for excessive wear and
end play
■ Number and size of belts
■ Inspect fan blade
■ Verify proper operation of fans
■ Lubricate fan and motor
Supply Fan Section
• Inspect bearings for excessive wear and
end play
■ Number and size of belts
■ Inspect fan blade
■ Verify proper operation of fans
■ Lubricate fan and motor
Exhaust Fan Section
■ Inspect bearings for excessive wear and
end play
�� ,
♦
� �
�.. '_'_-__"""_____- "'___'_- _ ' __-_"_""____t_ '_.__ .._ _"' ___- -__'_' __-"_._...'___-_""_____ _'__ -' _'_'
Pavilion Lease Exhibit"D"—Maintenanre 5chedule/Tasks. - . xlviii ',
; : ..:_ ._ Miscellaneous Inspection
" Preventative Maintenance Task List .
Six-Month Inspection and Preventative Maintenance
* Roll Up Doors
Annual Inspection and Preventative Maintenance
* Storefront and standard access doors, hardware and locking mechanisms
* Roof system
Annual Inspection
* Backflow prevention value
' 71
� � 1
� "_ __" . ._ _-- "__"_'. . . _'____"_ _ ' __-___-'_ " _ _ _ _ -_ _ "'___ -_ _
` "-___."_ %�q(�_
Pavilion Lease Exhibit"D"—Maintenance Schedule/I asks
�, Miscellaneous Inspection
� Preventative Maintenance Task List
. _
PAVILLION I DESCRIPTION I .'-.``�`,;>„',�LOCATION::: ;-='_- I MANUFACTURER/MODEL
EF-1
I EXHAUST FAN I WEST STORAGE ROOM GREENHECK/SE1-8-426-D-1
ANNUAL Check operation clean fan and housing
lubricate motor if required. Print states
wall mount.
EF-2 I EXHAUST FAN I WEST BATHROOM I BCf-106-4
ANNUAL Check operation manual, states belt
driven check V Belt lubricate fan motor
1/4 Hp. Required, clean fan and
housing.Serves West washroom.
EF-3 I EXHAUST FAN I EAST BATHROOM I BCF-106-4
ANNUAL Check operation manual, states belt
driven check V Belt lubricate fan motor
1/4 Hp. Required, clean fan and
housing.Serves East washroom.
EF-4 I EXHAUST FAN I EAST STORAGE ROOM I GREENHECK/SE1-8-426-D-1
ANNUAI Check operation,clean fan and housing
lubricate motor if required. Print states
wall mount.
EF-5 I EXHAUST FAN I ELECTCHILL ROOM/ I GREENHECK/SEi-8-426-D-1
ANNUAL Check operation clean fan and housing .
lubricate motor if required.Print states
wall mount.
UH-1 I UNIT HEATER I BOILER ROOM I ENGINEERED AIR/H2
ANNUAL Check coil clean if necessary make
visual inspection lubricate fan motor if
required.
UH-2 I UNIT HEATER I WEST STORAGE AREA I ENGINEERED AIR/H2
ANNUAL Check coil clean if necessary make
visual inspection lubricate fan motor if
required.
UH-3 � UNIT HEATER I EAST STORAGE AREA � ENGINEERED AIR/H3
ANNUAL Check coil clean if necessary make
visual inspection lubricate fan motor if
required.
UH-4 I UNIT HEATER I CHILLER ROOM I ENGINEERED AIR/H2
ANNUAL Check coil clean if necessary make
visual inspection lubricate fan motor if
req u i red.
UH-5 I UNIT HEATER I MAIN AREA I ENGINEERED AIR/H7
ANNUAL Check coil clean if necessary make
visual inspection lubricate fan motor if
required.
UH-6 ( UNIT HEATER I MAIN AREA I ENGINEERED AIR/H7
ANNUAL Check coil clean if necessary make
visual inspection lubricate fan motor if
required.
.
�
.
� �
� -- -- - -- - -------- ----- - --- -- -- ---- -
-— - ---.--- - ---- -
-- - -
Pavilion Lease Exhibit"D"—Maintenance Schedule/Tasks �
Misceilaneous Inspection
, . .
;_ Preventative Maintenance Task List
-._ _ .
UH-7 I UNIT HEATER I WEST FAN ROOM I ENGINEERED AIR/H11
4month Change air filters 2ea [20x20x1j and
2ea [16x20x1] on 4 month or required
by building usage to be determined.
ANNUAL Check coil clean if necessary make
visual inspection lubricate fan motor if
required.
I I EAST FAN ROOM I ENGINEERED AIR/Hil
UH-8 UNIT HEATER
4month Change air filters 2ea [20x20x1J and
2ea (16x20x1] on 4 month or required
by building usage to be determined.
ANNUAL Check coil clean if necessary make
visual inspection lubricate fan motor if
required.
FB-1 � FAN BOX � MAIN AREA � NAILOR/D38SW
4month Change air filter[1Ox18x1] on 4 month
or required by buiiding usage to be
determined.
ANNUAL Check operation clean as required
lubricate fan motor 2 locations, Fan
boxes 2,3,5,6,9, Installed upside down
no access to motor. Manual states no
lube, inspection shows oil ports on
motor.
FB-2 I FAN BOX � MAIN AREA � NAILOR/D38SW
4month Change air filter[1Ox18x1] on 4 month
or required by building usage to be
determined.
ANNUAL Check operation clean as required
lubricate fan motor 2 locations, Fan
boxes 2,3,5,6,9, Installed upside down
no access to motor. Manual states no
lube, inspection shows oil ports on
motor.
FB-3 I FAN BOX I MAIN AREA I NAILOR/D38SW
4month Change air filter[1Ox18x1] on 4 month
or required by building usage to be
determined.
ANNUAL Check operation clean as required
lubricate fan motor 2 locations, Fan
boxes 2,3,5,6,9, Installed upside down
no access to motor. Manual states no
lube, inspection shows oil ports on
motor.
FB-4 I FAN BOX I MAIN AREA I NAILOR/D385W
4month Change air filter[10x18x1] on 4 month
or required by building usage to be
determined.
� �t
•
� �
------ ---- � ----- --- ----�-- -- ------------ ---- - -- -- ---- —. . _ .---------
Pavilion Lease Exhibit`D"—Maintenance S�hedule/Tasks li
; Miscellaneous Inspection
Preventative Maintenance Task List -
ANNUAL Check operation clean as required
lubricate fan motor 2 locations, Fan
boxes 2,3,5,6,9, Installed upside down
no access to motor. Manual states no
lube, inspection shows oil ports on
motor.
FB-5 ( FAN BOX I MAIN AREA I NAILOR/D385W
4month Change air filter[10x18x1] on 4 month
or required by building usage to be
determined.
ANNUAL Check operation clean as required
lubricate fan motor 2 locations, Fan
boxes 2,3,5,6,9, Installed upside down
no access to motor. Manual states no
lube, inspection shows oil ports on
motor.
FB-6 I FAN BOX I MAIN AREA I NAILOR/D385W
4month Change air filter[1Ox18x1] on 4 month
or required by building usage to be
determined.
ANNUAL Check operation clean as required
�ubricate fan motor 2 locations, Fan
boxes 2,3,5,6,9, Installed upside down
no access to motor. Manual states no
lube, inspection shows oil ports on
motor.
FB-� I FAN BOX I MAIN AREA I NAILOR/D385W
4month Change air filter[1Ox18x1] on 4 month
or required by building usage to be
determined.
ANNUAL Check operation clean as required
lubricate fan motor 2 locations, Fan
boxes 2,3,5,6,9, Installed upside down
no access to motor. Manual states no
lube, inspection shows oil ports on
motor.
_ _
FB-$ FAN BOX MAIN AREA NAILOR/D385W
4month Change air filter [1Ox18x1] on 4 month
or required by building usage to be
determined.
ANNUAL Check operation clean as required
lubricate fan motor 2 locations, Fan
boxes 2,3,5,6,9, Installed upside down
no access to motor. Manual states no
lube, inspection shows oil ports on
motor.
EH-1 I ENTRANCE HEATER I BACK ENTRANCE I ENGINEERED AIR/ CUH2
>
.
•
� �
---- - - -- --- - - _ - - - - --- --- ----..._.., ---_....-- ------- - ----
Pavilion Lease 6chibit"D"—Maintenance Srhedule/Tasks �ii
Miscellaneous Inspection
Preventative Maintenance Task List
- -
4month Inspect pumps for cleanliness, clean
exterior surface only, Remove dirt and
grease from motor on motor housing
Inspect for leaks seals or gaskets.
Clean strainers. Lubricate motor if
required.
P-3 I DOMESTIC HOT WATER RECIRC � BOILER ROOM I TACO/5
- _ _
4mont Inspect pumps for cleanliness, clean
exterior surface only, remove dirt and
grease from motor on motor housing
Inspect for leaks seals or gaskets.
Clean strainers. Lubricate motor if
required.
P-4 I WEST PREHEAT RECIRC � WEST FAN ROOM I TACO/112
4month Inspect pumps for cleanliness, clean
exterior surface only, remove dirt and
grease from motor on motor housing
Inspect for leaks seals or gaskets.
Clean strainers. Lubricate motor if
required.
P-5 I EAST PREHEAT RECIRC I EAST FAN ROOM � TACO/112
4month Inspect pumps for cleanliness, clean
exterior surface only, remove dirt and
grease from motor on motor housing
Inspect for leaks seals or gaskets.
Clean strainers. Lubricate motor if
required.
B'1 I BOILER/CONDENSING FIRE TUBE I BOILER ROOM I AERCO/KC-1000
6month See Maintenance Manual pages 7-1
to7-6,Inspect spark igniter, inspect
Flame Detector
ANNUAL See Maintenance Manual pages 7-1
to7-6 Replace Spark igniter Replace
Flame detector
DHWT-1 I HOT WATER TANK/GAS FIRED I BOILER ROOM � A.O.SMITH/FPSH-75
6month Lubricate blower motor every 6
months per maintenance manual.
ANNUAL See Maintenance Manual pages 14
&15 flush tank to help prevent
sediment inspect flueway for
cleanliness,clean as required
AHU-1 I AIRHANDLER UNIT ( WEST FAN ROOM I
4month Check Operation change all air filters ,
to include intake air filter , Lubricate
fan bearings and Motor if required,
Check v Belts and fan Check coil
surFace clean as necessary See 0&M
pages OM-5 to OM-13
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Pavilion Lease Exhibit"D"—Maintenance Schedule/Tasks liii
Miscellaneous Inspection
Preventative Maintenance Task List �
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ANNUAL Check Operation change all air filters,
to include intake air filter,Lubricate fan
bearings and Motor if required, Check
v Belts and fan sleeves Check coil
surface and clean as necessary See
0&M pages OM-5 to OM-13 Check
Glycol freeze point on air intake coils.
AHU-2 I AIRHANDLER UNIT I EAST FAN ROOM I
4month Check Operation change all a,ir filters ,
to include intake air filter , Lubricate
fan bearings and Motor if required,
Check v Belts and fan Check coil
surFace clean as necessary See 0&M
pages OM-5 to OM-13
ANNUAL Check Operation change all air filters,
to include intake air filter,Lubricate fan
bearings and Motor if required, Check
v Belts and fan sleeves Check coil
surface and clean as necessary See
0&M pages OM-5 to OM-13 Check
Glycol freeze point on air intake coils.
CT'1 I COOLING TOWER I MEZZANINE LEVEL I BALTIMORE AIR/VTL027-F
4month Check O&M maintenance Manuel
pages 6 threw 15 For full information.
Check float and strainer pan check
belts and lubricate fan and motor
bearings as required check sump
heater and heat tape. Verify that
chemical treatment is being done.
ANNUAL Check 0&M maintenance Manuel
pages 6 threw 15 For full information.
Clean cooling tower , Check spray
nozzles, check float and strainer pan
install new filter over fan to clean
intake air,check belts and lubricate fan
and motor bearings check sump heater
and heattape.
CH-1 I MODULAR CHILLER I CHILLER ROOM I MULTISTACK/MS20CiH1W
3month Daily Log sheet is needed when chiller
is running copy in 0&M Manuel, check
operation of inechanical equipment.
ANNUAL SEE OPERATION AND MAINTENANCE
MANUAL FOR MULTISTACK for
complete information needed. Check
Contactors and tighten all electrical
connections, CLEAN ALL STRAINERS,
check operation, auto blow down, and
check oil level while unit is running.