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HomeMy WebLinkAbout8 L_Fully Executed 300 S 3rd St Lease Agreement - Fountain of Hope Ministries, International ChurchCOMMERCIAL LEASE BETWEEN NHI NGUYEN & TOAN NGO, AS LANDLORD AND FOUNTAIN OF HOPE MINISTRIES, INTERNATIONAL CHURCH AS TENANT DATED SEPTEMBER 1, 2023 ADDRESS: 300 S 3RD.ST RENTON, WA98.057 Professionally prepared by: Anchor Agency 205 Logan Ave S Renton, WA 98057 r .. C: • LEASE OVERVIEW Lease Date: September 1, 2023 Landlord: Nhi Nguyen and Toan Ngo Tenant: Fountain of Hope Ministries, International Church Dawa & Vitu Kamanga Premises: 300 S 31d St Renton, WA 98057 Delivery Date: Term: Rent Commencement Date Expiration Date: Monthly Base Rent: Security Deposit: Construction Allowance: Permitted Use: Parking Density: Tenant's Share: A 4 story single occupany building with private parking lot, containing approximately 7,005 sf rentable space September 1, 2023 Sixty (60) months September 1, 2024 August 31, 2028 Months 1-12 13-24 25-36 37-48 49 — 60 $ 10,000.00 N/A Church/Refugee Center N/A TBD Rent Amount $ 0.00 + Property Taxes $ 7,000.00 + Property Taxes $ 7,350.00 + Property Taxes $ 7,570.00 + Property Taxes $ 7,949.00 + Property Taxes Broker(s): Landlord and Tenant each warrant that they have dealt with no other real estate broker in connection with this transaction except Anchor Agency, who exclusively represents the Landlord/Tenant. Guarantor: Vitu Kaman a & pawa Kamanga Tenant Initials: Guaranty Tenant's Address: 5-11, SIC Cr 0: ecA-Ll— ln%+'7AX73WTenant Initials: Landlord's Address Nhi Nguyen & Toan Ngo • For all Notices/Mail c/o Anchor Agency Landlord/Agent Initials: 205 Logan Ave S Renton, WA 98057 The foregoing Basic Lease Information is incorporated into and made a part of this Lease. The Lease includes all attached Exhibits, all of which are incorporated herein and made a part of this Lease. Each reference in this Lease to any of the Basic Lease Information shall mean the respective information above and shall be construed to incorporate all of the terms provided under the particular Lease paragraph pertaining to such information. In the event of any conflict between the Basic Lease Information and the Lease, the latter shall control. Anchor Agency 205 Logan Ave S Renton, WA 98057 Phone:425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) © Commercial Brokers ' CBS Association ALL RIGHTS RESERVED THIS LEASE AGREEMENT (the "Lease") is entered into and effective as of this 9th day of August, 2023 between TOAN NGO AND NHI NGUYEN ("Landlord"), and FOUNTAIN OF HOPE MINISTRIES, Vitu Kamanga and Dawa Kamanga (Tenant"). Landlord and Tenant agree as follows: 1. LEASE SUMMARY. a. Leased Premises. The leased commercial real estate ( "Premises") consists of the real property legally described on the attached Exhibit A, including all improvements thereon, and commonly described as 300 S 3rd St, Renton, WA 98057 (address). b. Lease Commencement Date. The term of this Lease shall be for a period of Sixty (60) months and shall commence on September 1, 2023. C. Lease Termination Date. The term of this Lease shall terminate at midnight on August 31, 2028 or such earlier or later date as provided in Section 3 (the "Termination Date"). d. Base Rent. The base monthly rent shall be): according to the Rent Rider attached here to ("Base Rent"). Rent shall be payable by wire transfer or at Landlord's address shown in Section 1(h) below, or such other place designated in writing by the Landlord. e. Prepaid Rent. Upon execution of this Lease, Landlord confirms prior receipt of $7,000.00 as prepaid rent, to be applied to the Rent due for month 13 of the lease, September 1, 2024. f. Security Deposit. Upon execution of this Lease, Landlord confirms receipt of the sum of $10,000.00 to be held as a security deposit pursuant to Section 5 below. The security deposit shall be in the form of Money Order, Cashier's Check or Personal check. g. Permitted Use. The Premises shall be used only for Church Worship and Refugee Welfare Assistance and for no other purpose without the prior written consent of Landlord (the "Permitted Use"). h. Notice and Payment Addresses Landlord: Toan Ngo and Nhi Nguyen 205 Logan Ave S Renton, WA 98057 Email: XXX Tenant: Address: Phone: Email: Vitu Kamanga and Dawa Kamanga 11 • tom 3 Anchor Agency ©Commercial Brokers A Cgs 205 Logan Ave S Association V Renton, WA 98057 ALL RIGHTS RESERVED Phone:425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) 2. PREMISES. a. Lease of Premises, Landlord leases to Tenant, and Tenant leases from Landlord, the Premises upon the terms specified in this Lease. b. Acceptance of Premises. Except as specified elsewhere in this Lease, Landlord makes no representations or warranties to Tenant regarding the Premises, including the structural condition of the Premises or the condition of all mechanical, electrical, and other systems on the Premises. Except for any tenant improvements to be completed by Landlord as described on attached Exhibit C (the "Landlord's Work"), Tenant shall be responsible for performing any work necessary to bring the Premises into a condition satisfactory to Tenant. By signing this Lease, Tenant acknowledges that it has had an adequate opportunity to investigate the Premises; acknowledges responsibility for making any corrections, alterations and repairs to the Premises (other than the Landlord's Work); and acknowledges that the time needed to complete any such items shall not delay the Commencement Date. C. Tenant Improvements. The Work Letter attached as Exhibit C sets forth all Landlord's Work, if any, and all tenant improvements to be completed by Tenant ("Tenant's Work"), if any, that will be performed on the Premises. Responsibility for design, payment and performance of all such work shall be as set forth in the Work Letter. 3. TERM. The term of this Lease shall commence on the Commencement Date and shall end on the Termination Date, subject to any option to extend the term of this Lease set forth in a ride_ r attached hereto (the "Term"). a. Early Possession. Tenant shall have reasonable access to the Premises during the 20 days ((0) days if not filled in) preceding the Commencement Date for the sole purpose of installing Tenant's furniture, telecommunications, fixtures, telephone systems and computer cabling and the performance of Tenant's Work, if any. Such access shall be fully coordinated with Landlord in advance and Tenant shall not interfere with Landlord's Work. All of the terms and conditions of this Lease, including Tenant's insurance and indemnification obligations, shall apply during such time, except for payment of Base Rent. If Landlord permits Tenant to possess or occupy the Premises prior to the Commencement Date specified in Section 1, then such early occupancy shall not advance the Commencement Date or the Termination Date set forth in Section 1. b. Delayed Possession. Landlord shall act diligently to make the Premises available to Tenant; provided, however, neither Landlord nor any agent or employee of Landlord shall be liable for any damage or loss due to Landlord's inability or failure to deliver possession of the Premises to Tenant as provided in this Lease. If possession is delayed, the Commencement Date set forth in Section 1 shall also be delayed. If Landlord does not deliver possession of the Premises to Tenant within days ((60) days if not filled in) after the Commencement Date specified in Section 1 (check one): Tenant may elect to cancel this Lease by giving written notice to Landlord no later than ((10) days if not filled in) after such time period ends, or then all Base Rent and Additional Rent shall be abated for each one (1) day after the Commencement Date during which possession of the Premises has not been delivered to Tenant. If Tenant gives such notice of cancellation, as Tenant's sole and exclusive remedy, the Lease shall be cancelled, all prepaid Rent and security deposits shall be refunded to Tenant, and neither Landlord nor Tenant shall have any further obligations to the other. Notwithstanding anything in this Section 3(b) to the contrary, to the extent that any portions of the Landlord's Work or Tenant's Work have not been sufficiently completed in time for the Tenant to occupy or take possession of the Premises on the Commencement Date due to the failure of Tenant to fulfill any of its obligations under this Lease (the "Tenant Delays"), the Term and Tenant's obligation to pay Base Rent and Additional Rent shall nevertheless commence on the Commencement Date set forth in Section 1, or upon the date that the Commencement Date would have occurred but for the Tenant Delays. 4 Anchor Agency © Commercial Brokers ^ ��� 205 Logan Ave S Association U Renton, WA98057 ALL RIGHTS RESERVED Phone: 425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) The first "Lease Year" shall commence on the Commencement Date and shall end on the date which is twelve (12) months from the end of the month in which the Commencement Date occurs. Each successive Lease Year during the Term shall be twelve (12) months, commencing on the first day following the end of the preceding Lease Year. 4. RENT. a. Payment of Rent. Tenant shall pay Landlord without notice, demand, deduction or offset, in lawful money of the United States, the monthly Base Rent stated in Section 1 in advance on or before the first day of each month during the Lease term beginning on (check one): X the Commencement Date of Sep e- nber 1, 2024, or (if no date specified, then on the Commencement Date), and shall also pay any other additional payments due to Landlord ("Additional Rent"), including Operating Costs (collectively the "Rent") when required under this Lease. Payments for any partial month at the beginning or end of the Lease shall be prorated. All payments due to Landlord under this Lease, including late fees and interest, shall also constitute Additional Rent, and upon failure of Tenant to pay any such costs, charges or expenses, Landlord shall have the same rights and remedies as otherwise provided in this Lease for the failure of Tenant to pay rent. a. Late Charges; Default Interest. If any sums payable by Tenant to Landlord under this Lease are not received within ten (10) business days after their due date, Tenant shall pay Landlord an amount equal to the greater of $150.00 or five percent (5%) of the delinquent amount for the cost of collecting and handling such late payment in addition to the amount due and as Additional Rent. All delinquent sums payable by Tenant to Landlord and not paid within five (5) business days after their due date shall, at Landlord's option, bear interest at the rate of fifteen percent (15%) per annum, or the highest rate of interest allowable by law, whichever is less (the "Default Rate"). Interest on all delinquent amounts shall be calculated from the original due date to the date of payment. b. Less Than Full Payment. Landlord's acceptance of less than the full amount of any payment due from Tenant shall not be deemed an accord and satisfaction or compromise of such payment unless Landlord specifically consents in writing to payment of such lesser sum as an accord and satisfaction or compromise of the amount which Landlord claims. Any portion that remains to be paid by Tenant shall be subject to the late charges and default interest provisions of this Section. 5. SECURITY DEPOSIT. Upon execution of this Lease, Tenant shall deliver to Landlord the security deposit specified in Section 1 above. Landlord's obligations with respect to the security deposit are those of a debtor and not of a trustee, and Landlord may commingle the security deposit with its other funds. If Tenant defaults in the performance of any covenant or condition of this Lease, Landlord shall have the right, but not the obligation, to use or retain all or any portion of the security deposit for the payment of: (i) Base Rent, Additional Rent, or any other sum as to which Tenant is in default; or (ii) the amount Landlord spends or may become obligated to spend, or to compensate Landlord for any losses incurred by reason of Tenant's default. Tenant acknowledges, however, that the security deposit shall not be considered as a measure of Tenant's damages in case of default by Tenant, and any payment to Landlord from the security deposit shall not be construed as a payment of liquidated damages for Tenant's default. If at any time during the Term of the Lease the security deposit delivered by Tenant becomes insufficient to cover the amounts required under this Section 5, whether or not due to Landlord's application of all or a portion of the security deposit as contemplated by this Section, Tenant shall, within five (5) days after written demand therefor by Landlord, deposit with Landlord an amount sufficient to replenish the security deposit to the amount required in Section 1 above. If Tenant is not in default of any covenant or condition of this Lease at the end of the Term, Landlord shall return any unused portion of the security deposit without interest within 30 days after the surrender of the Premises by Tenant in the condition required by Section 12 of this Lease. 6. USES. The Premises shall be used only for the Permitted Use, and for no other business or purpose without the prior written consent of Landlord. Tenant shall not do or permit any act to be done on or around the 5 Anchor Agency ©Commercial Brokers i' C�� 205 Logan Ave S Association V Renton, WA 98057 ALL RIGHTS RESERVED Phone: 425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) Premises that violates any law, ordinance, governmental regulation or order or that will increase the existing rate of insurance on the Premises, the Building, or the Property, or cause the cancellation of any insurance on the Premises, the Building, or the Property. Tenant shall not commit or allow to be committed any waste upon the Premises, or any public or private nuisance. Tenant shall not do or permit anything to be done on the Premises, the Building, or the Property which will obstruct or interfere with the rights of other tenants or occupants of the Property, or their employees, officers, agents, servants, contractors, customers, clients, visitors, guests, or other licensees or invitees, or to injure or annoy such persons. 7. COMPLIANCE WITH LAWS. Landlord represents to Tenant that as of the Commencement Date, to Landlord's actual knowledge but without duty of investigation, and with the exception of any Tenant's Work, the Premises comply with all applicable laws, rules, regulations, and orders, including without limitation, the Americans With Disabilities Act, and Landlord shall be responsible to promptly cure at its sole cost any noncompliance which existed on the Commencement Date. Tenant shall be responsible for complying with all laws applicable to the Premises as a result of the Permitted Use, and Tenant shall be responsible for making any changes or alterations as may be required by law, rule, regulation, or order for the Permitted Use at its sole cost and expense. Otherwise, if changes or alterations are required by law, rule, regulation, or order unrelated to the Permitted Use, Landlord shall make such changes and alterations at its expense. �. UTILITIES AND SERVICES. Landlord shall provide the following services for the Premises (7) days per week, (24) hours per day (check all that apply): X water; X electricity; X sewer; X trash and/or recycling removal; and _ HVAC from — a.m. to _p.m. Monday through Friday; _a.m. to _p.m. on Saturday; and a.m. to p.m, on Sunday; Janitorial service in the Premises and Building nights ((5) nights if not filled in) each week, exclusive of holidays. HVAC services will also be provided by Landlord to the Premises during additional hours on reasonable notice to Landlord, at Tenant's sole cost and expense, at an hourly rate reasonably established by Landlord from time to time and payable by Tenant, as and when billed, as Additional Rent. If water and electricity services are not separately metered to the Premises, Tenant shall pay its proportionate share of all charges for any utilities that are jointly metered based on the ratio which the rentable square feet of the Premises bears to the total rentable square feet served by the joint meters. Notwithstanding the foregoing, if Tenant's use of the Premises incurs utility service charges which are above those usual and customary for the Permitted Use, Landlord reserves the right to require Tenant to pay a reasonable additional charge for such usage. Tenant shall furnish all other utilities (including, but not limited to, telephone, internet, and cable service, if available) and other services which Tenant requires with respect to the Premises, and shall pay, at Tenant's sole expense, the cost of all utilities separately metered to the Premises, and of all other utilities and other services which Tenant requires with respect to the Premises, except those to be provided by Landlord as described above. Landlord shall not be liable for any loss, injury or damage to person or property caused by or resulting from any variation, interruption, or failure of utilities due to any cause whatsoever, and Rent shall not abate as a result thereof. 9. TAXES. Tenant shall pay all taxes, assessments, liens and license fees ("Taxes") levied, assessed or imposed by any authority having the direct or indirect power to tax or assess any such liens, related to or required by Tenant's use of the Premises as well as all Taxes on Tenant's personal property located on the Premises. Landlord shall pay all Taxes with respect to the Building and the Property. 10. COMMON AREAS a. Definition. The term "Common Areas" means all areas, facilities and building systems that are provided and designated from time to time by Landlord for the general non-exclusive use and convenience of Tenant with other tenants and which are not leased or held for the exclusive use of a particular tenant. To the extent that such areas and facilities exist within the Property, Common Areas 6 Anchor Agency © Commercial Brokers ^ g� 205 Logan Ave S Association V Renton, WA 98057 ALL RIGHTS RESERVED Phone: 425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) include hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, parking areas and garages, roadways, pedestrian sidewalks, landscaped areas, security areas, lobby or mall areas, common heating, ventilating and air conditioning systems, common electrical service, equipment and facilities, and common mechanical systems, equipment and facilities. Tenant shall comply with reasonable rules and regulations concerning the use of the Common Areas adopted by Landlord from time to time. Without advance notice to Tenant and without any liability to Tenant, Landlord may change the size, use, or nature of any Common Areas, erect improvements on the Common Areas or convert any portion of the Common Areas to the exclusive use of Landlord or selected tenants, so long as Tenant is not thereby deprived of the substantial benefit of the Premises. Landlord reserves the use of exterior walls and the roof, and the right to install, maintain, use, repair and replace pipes, ducts, conduits, and wires leading through the Premises in areas which will not materially interfere with Tenant's use thereof. b. Use of the Common Areas. Tenant shall have the non-exclusive right, in common with such other tenants to whom Landlord has granted or may grant such rights, to use the Common Areas. C. Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair. This maintenance cost shall be an Operating Cost chargeable to Tenant pursuant to Section 8. In performing such maintenance, Landlord shall use reasonable efforts to minimize interference with Tenant's use and enjoyment of the Premises. 11. ALTERATIONS. Tenant may make alterations, additions or improvements to the Premises, including any Tenant Work identified on attached Exhibit C (the "Alterations"), only with the prior written consent of Landlord, which, with respect to Alterations that may affect the structural components of the Premises or utility systems therein, shall not be unreasonably withheld, conditioned, or delayed. Landlord shall have thirty (30) days in which to respond to Tenant's request for any Alterations so long as such request includes the name of Tenant's contractors and reasonably detailed plans and specifications therefor. The term "Alterations" may include the installation of shelves, movable partitions, Tenant's equipment, and trade fixtures that may be performed without damaging existing improvements or the structural integrity of the Premises, the Building, or the Property, and Landlord's consent shall not be required for Tenant's installation or removal of those items. Tenant shall perform all work at Tenant's expense and in compliance with all applicable laws and shall complete all Alterations in accordance with plans and specifications approved by Landlord, using State approved licensed contractors, and in a manner so as not to unreasonably interfere with other tenants. Tenant shall pay, when due, or furnish a bond for payment (as set forth in Section 20) all claims for labor or materials furnished to or for Tenant at or for use in the Premises, which claims are or may be secured by any mechanics' or material-mens' liens against the Premises or the Property or any interest therein. Tenant shall remove all Alterations at the end of the Lease term unless Landlord conditioned its consent upon Tenant leaving a specified Alteration at the Premises, in which case Tenant shall not remove such Alteration, and it shall become Landlord's property. Tenant shall immediately repair any damage to the Premises caused by removal of Alterations. 12. REPAIRS AND MAINTENANCE; SURRENDER. Tenant shall, at its sole expense, maintain the entire Premises in good condition and promptly make all non-structural repairs and replacements necessary to keep the Premises safe and in good condition, including all HVAC components and other utilities and systems to the extent exclusively serving the Premises. Landlord shall maintain and repair the Building structure, foundation, subfloor, exterior walls, roof structure and surface, and HVAC components and other utilities and systems serving more than just the Premises, and the Common Areas, the costs of which shall be included as an Operating Cost. Tenant may be allowed to remove any demising wall or structural walls , unless doing so compromises the the structural integrity of the Premises, the Building, or the Property and shall promptly repair any damage or injury done to any such demising walls or structural elements caused by Tenant or its employees, officers, agents, servants, contractors, customers, clients, visitors, guests, or other licensees or invitees. Notwithstanding anything in this Section to the contrary, Tenant shall not be responsible for any repairs to the Premises made necessary by the negligence or willful misconduct of Landlord or its employees, officers, agents, servants, contractors, customers, clients, visitors, guests, or other licensees or invitees therein. If Tenant fails to perform Tenant's Anchor Agency © Commercial Brokers ^ 205 Logan Ave S Association U CIBA Renton, WA98057 ALL RIGHTS RESERVED Phone: 425-47G-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) obligations under this Section, Landlord may at Landlord's option enter upon the Premises after ten (10) days' prior notice to Tenant and put the same in good order, condition and repair and the cost thereof together with interest thereon at the default rate set forth in Section 4 shall be due and payable as additional rent to Landlord together with Tenant's next installment of Base Rent. Upon expiration of the Lease term, whether by lapse of time or otherwise, Tenant shall promptly and peacefully surrender the Premises, together with all keys, to Landlord in as good condition as when received by Tenant from Landlord or as thereafter improved, reasonable wear and tear and insured casualty excepted. 13. ACCESS AND RIGHT OF ENTRY. After twenty-four (24) hours' notice from Landlord (except in cases of emergency, when no notice shall be required), Tenant shall permit Landlord and its agents, employees and contractors to enter the Premises at all reasonable times to make repairs, inspections, alterations or improvements, provided that Landlord shall use reasonable efforts to minimize interference with Tenant's use and enjoyment of the Premises. This Section shall not impose any repair or other obligation upon Landlord not expressly stated elsewhere in this Lease. After reasonable notice to Tenant, Landlord shall have the right to enter the Premises for the purpose of (a) showing the Premises to prospective purchasers or lenders at any time, and to prospective tenants within one hundred eighty (180) days prior to the expiration or sooner termination of the Lease term; and (b) posting "for lease" signs within one hundred eighty (180) days prior to the expiration or sooner termination of the Lease term. 14. SIGNAGE, Tenant shall obtain Landlord's written consent as to size, location, materials, method of attachment, and appearance, before installing any signs upon the Premises. Tenant shall install any approved signage at Tenant's sole expense and in compliance with all applicable laws. Tenant shall not damage or deface the Premises in installing or removing signage and shall repair any injury or damage to the Premises caused by such installation or removal. 15. DESTRUCTION OR CONDEMNATION. a. Damage and Repair. If the Premises or the portion of the Building or the Property necessary for Tenant's occupancy are partially damaged but not rendered untenantable, by fire or other insured casualty, then Landlord shall diligently restore the Premises and the portion of the Property necessary for Tenant's occupancy to the extent required below and this Lease shall not terminate. Tenant may, however, terminate the Lease if Landlord is unable to restore the Premises within six (6) months of the casualty event by giving twenty (20) days written notice of termination. The Premises or the portion of the Building or the Property necessary for Tenant's occupancy shall not be deemed untenantable if twenty-five percent (25%) or less of each of those areas are damaged. If insurance proceeds are not available or are not sufficient to pay the entire cost of restoring the Premises, or if Landlord's lender does not permit all or any part of the insurance proceeds to be applied toward restoration, then Landlord may elect to terminate this Lease and keep the insurance proceeds, by notifying Tenant within sixty (60) days of the date of such casualty. If the Premises, the portion of the Building or the Property necessary for Tenant's occupancy, or fifty percent (50%) or more of the rentable area of the Property are entirely destroyed, or partially damaged and rendered untenantable, by fire or other casualty, Landlord may, at its option: (a) terminate this Lease as provided herein, or (b) restore the Premises and the portion of the Property necessary for Tenant's occupancy to their previous condition to the extent required below; provided, however, if such casualty event occurs during the last six (6) months of the Lease term (after considering any option to extend the term timely exercised by Tenant) then either Tenant or Landlord may elect to terminate the Lease. If, within sixty (60) days after receipt by Landlord from Tenant of written notice that Tenant deems the Premises or the portion of the Property necessary for Tenant's occupancy untenantable, Landlord fails to notify Tenant of its election to restore those areas, or if Landlord is unable to restore those areas within six (6) months of the date of the casualty event, then Tenant may elect to terminate the Lease upon twenty (20) days' notice to Landlord unless Landlord, within such twenty (20) day period, notifies Tenant that it will in fact restore the Premises or actually 1.1 Anchor Agency © Commercial Brokers 11 �g� 205 Logan Ave S Association Renton, WA 98057 ALL RIGHTS RESERVED Phone: 425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) completes such restoration work to the extent required below, as applicable. If Landlord restores the Premises or the Property under this Section, Landlord shall proceed with reasonable diligence to complete the work, and the Rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole Premises, provided that there shall be a Rent abatement only if the damage or destruction of the Premises or the Property did not result from, or was not contributed to directly or indirectly by the act, fault or neglect of Tenant, or Tenant's employees, officers, agents, servants, contractors, customers, clients, visitors, guests, or other licensees or invitees. No damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business or annoyance directly, incidentally or consequentially arising from any repair or restoration of any portion of the Premises or the Property. Landlord shall have no obligation to carry insurance of any kind for the protection of Tenant; any alterations or improvements paid for by Tenant; any Tenant's Work identified in Exhibit C (regardless of who may have completed them); Tenant's furniture; or on any fixtures, equipment, improvements or appurtenances of Tenant under this Lease, and Landlord's restoration obligations hereunder shall not include any obligation to repair any damage thereto or replace the same. b. Condemnation. If the Premises, the portion of the Building or the Property necessary for Tenant's occupancy, or 50% or more of the rentable area of the Property are made untenantable by eminent domain, or conveyed under a threat of condemnation, this Lease shall terminate at the option of either Landlord or Tenant as of the earlier of the date title vests in the condemning authority or the condemning authority first has possession of the Premises or the portion of the Property taken by the condemning authority. All Rents and other payments shall be paid to that date. If the condemning authority takes a portion of the Premises or of the Building or the Property necessary for Tenant's occupancy that does not render them untenantable, then this Lease shall continue in full force and effect and the Rent shall be equitably reduced based on the proportion by which the floor area of any structures is reduced. The reduction in Rent shall be effective on the earlier of the date the condemning authority first has possession of such portion or title vests in the condemning authority. The Premises or the portion of the Building or the Property necessary for Tenant's occupancy shall not be deemed untenantable if twenty-five percent (25%) or less of each of those areas are condemned. Landlord shall be entitled to the entire award from the condemning authority attributable to the value of the Premises or the Building or the Property and Tenant shall make no claim for the value of its leasehold. Tenant shall be permitted to make a separate claim against the condemning authority for moving expenses if Tenant may terminate the Lease under this Section, provided that in no event shall Tenant's claim reduce Landlord's award. 16. INSURANCE. a. Tenant's Liability Insurance. During the Term, Tenant shall pay for and maintain commercial general liability insurance with broad form property damage and contractual liability endorsements. This policy shall (i) contain an endorsement identifying Landlord, its property manager (if any), and other parties designated by Landlord as additional insureds using an endorsement form acceptable to Landlord, (ii) insure Tenant's activities and those of Tenant's employees, officers, agents, servants, contractors, customers, clients, visitors, guests, or other licensees or invitees with respect to the Premises against loss, damage or liability for personal injury or bodily injury (including death) or loss or damage to property with a combined single limit of not less than $2,000,000 per occurrence, and a deductible of not more than $10,000, and (iii) contain a provision requiring the insurer to deliver or mail written notice of cancellation to the named insureds at least 45 days before the effective date of the cancellation. Tenant's insurance will be primary and noncontributory with any liability insurance carried by Landlord. Landlord may also require Tenant to obtain and maintain at Tenant's sole cost business income coverage for at least six (6) months, business auto liability coverage, and, if applicable to Tenant's Permitted Use, liquor liability insurance and/or warehouseman's coverage. Anchor Agency ©Commercial Brokers A �13� 205 Logan Ave S Association U Renton, WA98057 ALL RIGHTS RESERVED Phone: 425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) b. Tenant's Property Insurance. During the Term, Tenant shall pay for and maintain special form clauses of loss coverage property insurance (with coverage for earthquake if required by Landlord's lender and, if the Premises are situated in a flood plain, flood damage) for all of Tenant's personal property, fixtures and equipment, Tenant's Work, and Alterations in the amount of their full replacement value, with a deductible of not more than $10,000. C. Miscellaneous. Tenant's insurance required under this Section shall be with companies rated A- NII or better in Best's Insurance Guide, and which are admitted in the State in which the Premises are located, No insurance policy shall be cancelled or reduced in coverage and each such policy shall provide that it is not subject to cancellation or a reduction in coverage except after thirty (30) days prior written notice to Landlord. Tenant shall deliver to Landlord upon commencement of the Lease and from time to time thereafter, copies of the insurance policies or evidence of insurance and copies of endorsements required by this Section. In no event shall the limits of such policies be considered as limiting the liability of Tenant under this Lease. If Tenant fails to acquire or maintain any insurance or provide any policy or evidence of insurance required by this Section, and such failure continues for three (3) days after notice from Landlord, Landlord may, but shall not be required to, obtain such insurance for Landlord's benefit and Tenant shall reimburse Landlord for the costs of such insurance upon demand. Such amounts shall be Additional Rent payable by Tenant hereunder and in the event of non-payment thereof, Landlord shall have the same rights and remedies with respect to such non-payment with respect to any other non-payment of Rent hereunder. d. Landlord's Insurance. Landlord shall carry special form clauses of loss coverage property insurance of the Building shell and core in the amount of their full replacement value, liability insurance with respect to the Common Areas, and such other insurance of such types and amounts as Landlord, in its discretion, shall deem reasonably appropriate. e. Waiver of Subrogation. Notwithstanding any other provision of this Lease to the contrary, Landlord and Tenant hereby release each other and any other tenant, their agents or employees, from responsibility for, and waive their entire claim of recovery for any loss or damage arising from any cause covered by insurance required to be carried or otherwise carried by each of them. Each party shall provide notice to the insurance carrier or carriers of this mutual waiver of subrogation, and shall cause its respective insurance carriers to waive all rights of subrogation against the other. This waiver shall not apply to the extent of the deductible amounts to any such policies or to the extent of liabilities exceeding the limits of such policies. 17. INDEMNIFICATION. a. Indemnification by Tenant. Tenant shall defend, indemnify, and hold Landlord and its property manager (if any) harmless against all liabilities, damages, costs, and expenses, including attorneys' fees, for personal injury, bodily injury (including death) or property damage arising from any negligent or wrongful act or omission of Tenant or Tenant's employees, officers, agents, servants, contractors, customers, clients, visitors, guests, or other licensees or invitees on or around the Premises or the Property, or arising from any breach of this Lease by Tenant. Tenant shall use legal counsel reasonably acceptable to Landlord in defense of any action within Tenant's defense obligation. b. Indemnification by Landlord. Landlord shall defend, indemnify and hold Tenant harmless against all liabilities, damages, costs, and expenses, including attorneys' fees, for personal injury, bodily injury (including death) or property damage arising from any negligent or wrongful act or omission of Landlord or Landlord's employees, officers, agents, servants, contractors, customers, clients, visitors, guests, or other licensees or invitees on or around the Premises or the Property, or arising from any breach of this Lease by Landlord. Landlord shall use legal counsel reasonably acceptable to Tenant in defense of any action within Landlord's defense obligation. C. Waiver of Immunity. Landlord and Tenant each specifically and expressly waive any immunity that 10 Anchor Agency 205 Logan Ave S Renton, WA 98057 Phone:425-470-6656 © Commercial Brokers ^ Gg� Association U ALL RIGHTS RESERVED LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) each may be granted under the Washington State Industrial Insurance Act, Title 51 RCW. Neither party's indemnity obligations under this Lease shall be limited by any limitation on the amount or type of damages, compensation, or benefits payable to or for any third party under the Worker Compensation Acts, Disability Benefit Acts or other employee benefit acts. d. Exemption of Landlord from Liability. Except to the extent of claims arising out of Landlord's gross negligence or intentional misconduct, Landlord shall not be liable for injury to Tenant's business or assets or any loss of income therefrom or for damage to any property of Tenant or of its employees, officers, agents, servants, contractors, customers, clients, visitors, guests, or other licensees or invitees, or any other person in or about the Premises or the Property. e. Survival. The provisions of this Section 17 shall survive expiration/termination of this Lease. 18. ASSIGNMENT AND SUBLETTING. Tenant shall not assign, sublet, mortgage, encumber or otherwise transfer any interest in this Lease (collectively referred to as a "Transfer") or any part of the Premises, without first obtaining Landlord's written consent, which shall not be unreasonably withheld, conditioned, or delayed. No Transfer shall relieve Tenant of any liability under this Lease notwithstanding Landlord's consent to such Transfer. Consent to any Transfer shall not operate as a waiver of the necessity for Landlord's consent to any subsequent Transfer. In connection with each request for consent to a Transfer, Tenant shall pay the reasonable cost of processing the same, including attorneys' fees, upon demand of Landlord, up to a maximum of $1,250. Any transfer of this Lease by merger, consolidation, redemption or liquidation of Tenant, or any change in the ownership of, or power to vote, which singularly or collectively represents a majority of the beneficial interest in Tenant, shall constitute a Transfer under this Section. As a condition to Landlord's approval, if given, any potential assignee or sublessee otherwise approved by Landlord shall assume all obligations of Tenant under this Lease and shall be jointly and severally liable with Tenant and any guarantor for the payment of Rent and performance of all obligations of Tenant under this Lease. In connection with any Transfer, Tenant shall provide Landlord with copies of all assignments, subleases and assumption agreements and documents. 19. LIENS. Tenant is not authorized to subject the Landlord's estate to any liens or claims of lien. Tenant shall keep the Property and Premises free from any liens created by or through Tenant. Tenant shall indemnify, defend, and hold Landlord and the Property and Premises harmless from liability for any such liens including, without limitation, liens arising from any of Tenant's Work or Alterations. If a lien is filed against the Premises by any person claiming by, through or under Tenant, Tenant shall have the right to contest the correctness or validity of the lien, provided, however, within 10 days after Landlord's demand, at Tenant's expense, Tenant shall either remove the lien, or shall procure and record a lien release bond issued by a surety satisfactory to Landlord in form and amount sufficient to satisfy statutory requirements for satisfaction and release of the subject lien(s) from the Premises and Property. Tenant shall indemnify Landlord, the Premises, and the Property from and against all liabilities, costs and expenses, including attorneys' fees, which Landlord could reasonably incur as a result of such lien. 20. DEFAULT. Each of the following events shall constitute an "Event of Default" by Tenant under this Lease: a. Failure To Pay. Failure by Tenant to pay any sum, including Rent, due under this Lease following five (5) days' notice from Landlord of the failure to pay. b. Vacation/Abandonment. Vacation by Tenant of the Premises (defined as an absence for at least fifteen (15) consecutive days without prior notice to Landlord), or abandonment by Tenant of the 11 © Commercial Brokers Anchor Agency �j,n 205 Logan Ave S Association V C Renton, WA98057 ALL RIGHTS RESERVED Phone: 425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) Premises (defined as an absence of five (5) days or more while Tenant is in breach of some other term of this Lease). Tenant's vacation or abandonment of the Premises shall not be subject to any notice or right to cure. C. Insolvency. Tenant's insolvency or bankruptcy (whether voluntary or involuntary); or appointment of a receiver, assignee or other liquidating officer for Tenant's business; provided, however, that in the event of any involuntary bankruptcy or other insolvency proceeding, the existence of such proceeding shall constitute an Event of Default only if such proceeding is not dismissed or vacated within sixty (60) days after its institution or commencement. d. Levy or Execution. The taking of Tenant's interest in this Lease or the Premises, or any part thereof, by execution or other process of law directed against Tenant, or attachment of Tenant's interest in this Lease by any creditor of Tenant, if such attachment is not discharged within fifteen (15) days after being levied. e. Other Non -Monetary Defaults. The breach by Tenant of any agreement, term or covenant of this Lease other than one requiring the payment of money and not otherwise enumerated in this Section or elsewhere in this Lease, which breach continues for a period of thirty (30) days after notice by Landlord to Tenant of the breach. f. Failure to Take Possession. Failure by Tenant to take possession of the Premises on the Commencement Date or failure by Tenant to commence any Tenant Improvement in a timely fashion. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event less than thirty (30) days after notice by Tenant to Landlord. If Landlord fails to cure any such default within the allotted time, Tenant's sole remedy shall be to seek actual money damages (but not consequential or punitive damages) for loss arising from Landlord's failure to discharge its obligations under this Lease. Nothing herein contained shall relieve Landlord from its duty to perform of any of its obligations to the standard prescribed in this Lease. Any notice periods granted herein shall be deemed to run concurrently with and not in addition to any default notice periods required by law. 21. REMEDIES. Landlord shall have the following remedies upon an Event of Default. Landlord's rights and remedies under this Lease shall be cumulative and non-exclusive. a. Termination of Lease. Landlord may terminate Tenant's interest under the Lease, but no act by Landlord other than notice of termination from Landlord to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the Rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all of Landlord's Reletting Expenses (as defined below). Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant: (i) unpaid rent which had been earned at the time of termination; (ii) the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of rent loss that Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent for the balance of the term of the Lease after the time of award exceeds the amount of rent loss that Tenant proves could reasonably be avoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1 %); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without 12 Anchor Agency © Commercial Brokers ^ 13� 205 Logan Ave S Association UC Renton, WA96057 ALL RIGHTS RESERVED Phone: 425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) limitation Reletting Expenses described below. b. Re -Entry and Reletting. Landlord may continue this Lease in full force and effect, and without demand or notice, re-enter and take possession of the Premises or any part thereof, expel the Tenant from the Premises and anyone claiming through or under the Tenant, and remove the personal property of either. Landlord may re -let the Premises, or any part of them, in Landlord's or Tenant's name for the account of Tenant, for such period of time and at such other terms and conditions as Landlord, in its discretion, may determine. Landlord may collect and receive the rents for the Premises. To the fullest extent permitted by law, the proceeds of any reletting shall be applied: first, to pay Landlord all Reletting Expenses (defined below); second, to pay any indebtedness of Tenant to Landlord other than rent; third, to the rent due and unpaid hereunder; and fourth, the residue, if any, shall be held by Landlord and applied in payment of other or future obligations of Tenant to Landlord as the same may become due and payable, and Tenant shall not be entitled to receive any portion of such revenue. Re-entry or taking possession of the Premises by Landlord under this Section shall not be construed as an election on Landlord's part to terminate this Lease, unless a notice of termination is given to Tenant. Landlord reserves the right following any re-entry or reletting, or both, under this Section to exercise its right to terminate the Lease. Tenant will pay Landlord the Rent and other sums which would be payable under this Lease if repossession had not occurred, less the net proceeds, if any, after reletting the Premises and after deducting Landlord's Reletting Expenses. "Reletting Expenses" is defined to include all expenses incurred by Landlord in connection with reletting the Premises, including without limitation, all repossession costs, brokerage commissions and costs for securing new tenants, attorneys' fees, remodeling and repair costs, costs for removing persons or property, costs for storing Tenant's property and equipment, and costs of tenant improvements and rent concessions granted by Landlord to any new Tenant, prorated over the life of the new lease. c. Waiver of Redemption Rights. Tenant, for itself, and on behalf of any and all persons claiming through or under Tenant, including creditors of all kinds, hereby waives and surrenders all rights and privileges which they may have under any present or future law, to redeem the Premises or to have a continuance of this Lease for the Lease term, or any extension thereof. d. Nonpayment of Additional Rent. All costs which Tenant is obligated to pay to Landlord pursuant to this Lease shall in the event of nonpayment be treated as if they were payments of Rent, and Landlord shall have the same rights it has with respect to nonpayment of Rent. e. Failure to Remove Property. If Tenant fails to remove any of its property from the Premises at Landlord's request following an uncured Event of Default, Landlord may, at its option, remove and store the property at Tenant's expense and risk. If Tenant does not pay the storage cost within five (5) days of Landlord's request, Landlord may, at its option, have any or all of such property sold at public or private sale (and Landlord may become a purchaser at such sale), in such manner as Landlord deems proper, without notice to Tenant. Landlord shall apply the proceeds of such sale: (i) to the expense of such sale, including reasonable attorneys' fees actually incurred; (ii) to the payment of the costs or charges for storing such property; (iii) to the payment of any other sums of money which may then be or thereafter become due Landlord from Tenant under any of the terms hereof; and (iv) the balance, if any, to Tenant. Nothing in this Section shall limit Landlord's right to sell Tenant's personal property as permitted by law or to foreclose Landlord's lien for unpaid rent. 22. MORTGAGE SUBORDINATION AND ATTORNMENT. This Lease shall automatically be subordinate to any mortgage or deed of trust created by Landlord which is now existing or hereafter placed upon the Premises including any advances, interest, modifications, renewals, replacements or extensions ("Landlord's Mortgage"). Tenant shall attorn to the holder of any Landlord's Mortgage or any party acquiring the Premises at any sale or other proceeding under any Landlord's Mortgage provided the acquiring party assumes the obligations of Landlord under this Lease. Tenant shall promptly and in no event later than fifteen (15) days after request execute, acknowledge and deliver documents which the holder of any Landlord's Mortgage may reasonably require as further evidence of this subordination and attornment. Notwithstanding the foregoing, Tenant's obligations under this Section to subordinate in the future are conditioned on the holder of each Landlord's Mortgage and each party acquiring the Premises at any sale or other proceeding under any such Landlord's Mortgage not disturbing Tenant's occupancy and other rights under this Lease, so long as no uncured Event of Default by Tenant exists. 13 Anchor Agency © Commercial Brokers tl' CgA 205 Logan Ave S Association V Renton, WA98057 ALL RIGHTS RESERVED Phone: 425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) 23. NON -WAIVER. Landlord's waiver of any breach of any provision contained in this Lease shall not be deemed to be a waiver of the same provision for subsequent acts of Tenant. The acceptance by Landlord of Rent or other amounts due by Tenant hereunder shall not be deemed to be a waiver of any previous breach by Tenant. 24. HOLDOVER. If Tenant shall, without the written consent of Landlord, remain in possession of the Premises and fail to return them to Landlord after the expiration or termination of this Lease, the tenancy shall be a holdover tenancy and shall be on a month -to -month basis, which may be terminated according to Washington law. During such tenancy, Tenant agrees to pay to Landlord 125% of the rate of rental last payable under this Lease, unless a different rate is agreed upon by Landlord. All other terms of the Lease shall remain in effect. Tenant acknowledges and agrees that this Section does not grant any right to Tenant to holdover, and that Tenant may also be liable to Landlord for any and all damages or expenses which Landlord may have to incur as a result of Tenant's holdover. 25. NOTICES. All notices under this Lease shall be in writing and effective (i) when delivered in person or via overnight courier to the other party, (ii) three (3) days after being sent by registered or certified mail to the other party at the address set forth in Section 1; or (iii) upon confirmed transmission by facsimile to the other party at the facsimile numbers set forth in Section 1. The addresses for notices and payment of rent set forth in Section 1 may be modified by either party only by written notice delivered in conformance with this Section. 26. COSTS AND ATTORNEYS' FEES, If Tenant or Landlord engage the services of an attorney to collect monies due or to bring any action for any relief against the other, declaratory or otherwise, arising out of this Lease, including any suit by Landlord for the recovery of Rent or other payments, or possession of the Premises, the losing party shall pay the prevailing party a reasonable sum for attorneys' fees in such action, whether in mediation or arbitration, at trial, on appeal, or in any bankruptcy proceeding. 27. ESTOPPEL CERTIFICATES. Tenant shall, from time to time, upon written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way; (v) that this Lease represents the entire agreement between the parties; (vi) that all obligations under this Lease to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord;"(x)if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlord. 28. TRANSFER OF LANDLORD'S INTEREST. This Lease shall be assignable by Landlord without the consent of Tenant. In the event of any transfer or transfers of Landlord's interest in the Premises, other than a transfer for collateral purposes only, upon the assumption of this Lease by the transferee, Landlord shall be automatically relieved of obligations and liabilities accruing from and after the date of such transfer, including any liability for any retained security deposit or prepaid rent, for which the 14 Anchor Agency 205 Logan Ave S Renton, WA 98057 Phone: 425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) transferee shall be liable, and Tenant shall attorn to the transferee. © Commercial Brokers ^CBS Association U ALL RIGHTS RESERVED 29. LANDLORD'S LIABILITY. Anything in this Lease to the contrary notwithstanding, covenants, undertakings and agreements herein made on the part of Landlord are made and intended not as personal covenants, undertakings and agreements for the purpose of binding Landlord personally or the assets of Landlord but are made and intended for the purpose of binding only the Landlord's interest in the Premises, as the same may from time to time be encumbered. In no event shall Landlord or its partners, shareholders, or members, as the case may be, ever be personally liable hereunder. 30. RIGHT TO PERFORM. If Tenant shall fail to timely pay any sum or perform any other act on its part to be performed hereunder, Landlord may make any such payment or perform any such other act on Tenant's behalf. Tenant shall, within ten (10) days of demand, reimburse Landlord for its expenses incurred in making such payment or performance. Landlord shall (in addition to any other right or remedy of Landlord provided by law) have the same rights and remedies in the event of the nonpayment of sums due under this Section as in the case of default by Tenant in the payment of Rent. 31. HAZARDOUS MATERIAL. 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 or the environment. Landlord represents and warrants to Tenant that, to Landlord's knowledge without duty of investigation, there is no Hazardous Material on, in, or under the Premises as of the Commencement Date except as may otherwise have been disclosed to Tenant in writing before the execution of this Lease. If there is any Hazardous Material on, in, or under the Premises as of the Commencement Date which has been or thereafter becomes unlawfully released through no fault of Tenant, then Landlord shall indemnify, defend and hold Tenant 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 Tenant either during or after the Lease term as the result of such contamination. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about, or disposed of on the Premises or the Property by Tenant, its employees, officers, agents, servants, contractors, customers, clients, visitors, guests, or other licensees or invitees, except with Landlord's prior consent and then only upon strict compliance with all applicable federal, state and local laws, regulations, codes and ordinances. If Tenant breaches the obligations stated in the preceding sentence, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses including, without limitation, diminution in the value of the Premises or the Property; damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or the Property, or elsewhere; damages arising from any adverse impact on marketing of space at the Premises or the Property; and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees incurred or suffered by Landlord either during or after the Lease term. These indemnifications by Landlord and Tenant include, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, 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 the Premises, or in soil or ground water on or under the Premises. Tenant shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the Premises. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Premises or the Property by Tenant, its employees, officers, agents, servants, contractors, customers, clients, visitors, guests, or other licensees or invitees, results in any unlawful release of any Hazardous Materials on the Premises or the Property, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Premises or the Property to the condition existing prior to the release of any such Hazardous Material; provided that Landlord's 15 Anchor Agency 205 Logan Ave S Renton, WA 98057 Phone: 425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) © Commercial Brokers tl' C13� Association V ALL RIGHTS RESERVED approval of such actions shall first be obtained, which approval may be withheld at Landlord's sole discretion. The provisions of this Section 32 shall survive expiration or termination of this Lease. 32. QUIET ENJOYMENT. So long as Tenant pays the Rent and performs all of its obligations in this Lease, Tenant's possession of the Premises will not be disturbed by Landlord or anyone claiming by, through or under Landlord. 33. MERGER. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger and shall, at the option of Landlord, terminate all or any existing sub tenancies or may, at the option of Landlord, operate as an assignment to Landlord of any or all of such sub tenancies. 34. GENERAL. a. Heirs and Assigns. This Lease shall apply to and be binding upon Landlord and Tenant and their respective heirs, executors, administrators, successors and assigns. b. Brokers' Fees. Tenant represents and warrants to Landlord that except for Tenant's Broker, if any, described and disclosed in Section 37 of this Lease, 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 and shall indemnify and hold harmless Landlord against any loss, cost, liability or expense incurred by Landlord 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 Tenant. Landlord represents and warrants to Tenant that except for Landlord's Broker, if any, described and disclosed in Section 37 of this Lease, 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 and shall indemnify and hold harmless Tenant against any loss, cost, liability or expense incurred by Tenant 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 Landlord. C. Entire Agreement. This Lease contains all of the covenants and agreements between Landlord and Tenant relating to the Premises. No prior or contemporaneous agreements or understandings pertaining to the Lease shall be valid or of any force or effect and the covenants and agreements of this Lease shall not be altered, modified or amended except in writing, signed by Landlord and Tenant. d. Severability. Any provision of this Lease which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision of this Lease. e. Force Majeure. Time periods for either party's performance under any provisions of this Lease (excluding payment of Rent) shall be extended for periods of time during which the party's performance is prevented due to circumstances beyond such party's control, including without limitation, fires, floods, earthquakes, lockouts, strikes, embargoes, governmental regulations, acts of God, public enemy, war or other strife. f. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of Washington. g. Memorandum of Lease. Neither this Lease nor any memorandum or "short form" thereof shall be recorded without Landlord's prior consent. h. Submission of Lease Form Not an Offer. One party's submission of this Lease to the other for 16 Anchor Agency © Commercial Brokers A G13� 205 Logan Ave S Association V Renton, WA 98057 ALL RIGHTS RESERVED Phone: 425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) review shall not constitute an offer to lease the Premises. This Lease shall not become effective and binding upon Landlord and Tenant until it has been fully signed by both of them. No Light, Air or View Easement. Tenant has not been granted an easement or other right for light, air or view to or from the Premises. Any diminution or shutting off of light, air or view by any structure which may be erected on or adjacent to the Building shall in no way effect this Lease or the obligations of Tenant hereunder or impose any liability on Landlord. Authority of Parties. Each party signing this Lease represents and warrants to the other that it has the authority to enter into this Lease, that the execution and delivery of this Lease has been duly authorized, and that upon such execution and delivery, this Lease shall be binding upon and enforceable against the party on signing. k. Time. "Day" as used herein means a calendar day and "business day" means any day on which commercial banks are generally open for business in the state where the Premises are situated. Any period of time which would otherwise end on a non -business day shall be extended to the next following business day. Time is of the essence of this Lease. 35. EXHIBITS AND RIDERS. The following exhibits and riders are made a part of this Lease, and the terms thereof shall control over any inconsistent provision in the sections of this Lease: Exhibit A: Floor Plan/Outline of the Premises Exhibit B: Legal Description of the Property Exhibit C: Work Letter CHECK THE BOX FOR ANY OF THE FOLLOWING THAT WILL APPLY. CAPITALIZED TERMS USED IN THE RIDERS SHALL HAVE THE MEANING GIVEN TO THEM IN THE LEASE. QX Rnt Rider X KiIaranty of Tenant's Lease Obligations Rider X Oition to Extend Rider 36. AGENCY DISCLOSURE. At the signing of this Lease, Landlord is represented by Anchor Agency (the "Landlord's Representative"), and Tenant is represented by RJ of Anchor Agency, (the "Tenant's Broker"), This Agency Disclosure creates an agency relationship between Landlord, Landlord's Broker (if any such person is disclosed), and any managing brokers who supervise Landlord's Broker's performance (collectively the "Supervising Brokers"). In addition, this Agency Disclosure creates an agency relationship between Tenant, Tenant's Broker (if any such person is disclosed), and any managing brokers who supervise Tenant's Broker's performance (also collectively the "Supervising Brokers"). If Tenant's Broker and Landlord's Broker are different real estate licensees affiliated with the same Firm, then both Tenant and Landlord confirm their consent to that Firm and both Tenant's and Landlord's Supervising Brokers acting as dual agents. If Tenant's Broker and Landlord's Broker are the same real estate licensee who represents both parties, then both Landlord and Tenant acknowledge that the Broker, his or her Supervising Brokers, and his or her Firm are acting as dual agents and hereby consent to such dual agency. If Tenants' Broker, Landlord's Broker, their Supervising Brokers, or their Firm are dual agents, Landlord and Tenant consent to Tenant's Broker, Landlord's Broker and their Firm being compensated based on a percentage of the rent or as otherwise disclosed on the attached addendum. Neither Tenant's Broker, Landlord's Broker nor either of their Firms are receiving compensation from more than one party to this transaction unless otherwise disclosed on an attached addendum, in which case Landlord and Tenant consent to such compensation. Landlord and Tenant 17 © Commercial Brokers ^ Anchor Agency F3� 205 Logan Ave S Association U C Renton, WA 98057 ALL RIGHTS RESERVED Phone: 425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) confirm receipt of the pamphlet entitled "The Law of Real Estate Agency." 37. COMMISSION AGREEMENT. If Landlord has not entered into a listing agreement (or other compensation agreement with Landlord's Broker), Landlord agrees to pay a commission to Landlord's Broker (as identified in the Agency Disclosure paragraph above) as follows: $>ODOTBU—� D'c> X % of the gross rent peiy6ffe pursuant to the Lease ❑ $ per square foot of the Premises ❑ Other Landlord's Broker ❑X shall Dhall not (shall not if not filled in) be entitled to a commission upon the extension by Tenant of the Lease term pursuant to any right reserved to Tenant under the Lease calculated as provided above or as follows (if no box is checked, as provided above). Landlord's Broker ❑shall ❑call not (shall not if not filled in) be entitled to a commission upon any expansion of Premises pursuant to any right reserved to Tenant under the Lease, calculated as provided above or as follows _ (if no box is checked, as provided above). With respect to any commission earned upon execution of this Lease or pursuant to any expansion of the Premises, Landlord shall pay one-half upon execution of the Lease or any amendment/addenda thereto expanding the Premises, and one-half upon occupancy of the Premises by Tenant. With respect to any commission earned upon extension of the Term of this Lease, Landlord shall pay one-half upon execution of any amendment/addenda to the Lease extending the Term and one-half upon the commencement date of such extended term. Landlord's Broker shall pay to Tenant's Broker (as identified in the Agency Disclosure paragraph above) the amount stated in a separate agreement between them or, if there is no agreement, $ or % (complete only one) of any commission paid to Landlord's Broker, within five (5) days after receipt by Landlord's Broker. If any other lease or sale is entered into between Landlord and Tenant pursuant to a right reserved to Tenant under the Lease, Landlord shall hall n t�hall not if not filled in) pay an additional commission according to any commission agreement or, in the absence of one, according to the commission schedule of Landlord's Broker in effect as of the execution of this Lease. Landlord's successor shall be obligated to pay any unpaid commissions upon any transfer of this Lease and any such transfer shall not release the transferor from liability to pay such commissions. 38. BROKER PROVISIONS. LANDLORD'S BROKER, TENANT'S BROKER AND THEIR FIRMS HAVE MADE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE PREMISES; THE MEANING OF THE TERMS AND CONDITIONS OF THIS LEASE; LANDLORD'S OR TENANT'S FINANCIAL STANDING; ZONING OR COMPLIANCE OF THE PREMISES WITH APPLICABLE LAWS; SERVICE OR CAPACITY OF UTILITIES; OPERATING COSTS; OR HAZARDOUS MATERIALS. LANDLORD AND TENANT ARE EACH ADVISED TO SEEK INDEPENDENT LEGAL ADVICE ON THESE AND OTHER MATTERS ARISING UNDER THIS LEASE. 18 Anchor Agency © Commercial Brokers ^Cgs 205 Logan Ave S Association `! Renton, WA 98057 ALL RIGHTS RESERVED Phone: 425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) IN WITNESS WHEREOF this Lease has been executed the date and year first above written Landlord: TOAN NGO AND NHI NGUYEN Title: qka� Tenant: FOUNTAIN OF HOPE MINISTRIES, Vitu Kamaanga and Dawa Kamanga By: By: 't�:AWA Title: rJy E�S�E S Sign: / Sign: 11 19 Anchor Agency 205 Logan Ave S Renton, WA98057 Phone: 425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) STATE OF WASHINGTON © Commercial Brokers �(!� Association U ALL RIGHTS RESERVED ss. COUNTY OF fiC /Zn-C-C I certify that I know or have satisfactory evidence that 1 is the person who appeared before me and said person acknowledged that V-1 c- signed this instrument, on oath stated that 1--1 C was authorized to execute the Instrument. DATED this (SEAL or STAMP) Notary Public State of Washington RON J PEARSON COMMISSION# 102069 MY COMMISSION EXPIRES September 19, 2026 day of A--v G. v S .` , 20 (Signature of Notary) a (Legiblyl5rint or Stamp Name of Notary) STATE OF WASHINGTON SS. COUNTY OF C_ NOTARY PUBLIC in and for the state of Washington, Residing at (./AI I Ay GJ d My Commission expires: 1 I Cjcp I certify that I know or have satisfactory evidence that Dlk- VJA A- ey\g,#J C-A is the person who appeared before me and said person acknowledged tha� L signed this instrument, on oath stated that 1 was authorized to execute the Instrument. j 1l DATED this 1 `� day of -V cyq; it 20'�:3, (SEAL or STAMP) (Signature of Notary) Notary P4bitc S tate of !y'ashit'gtow, `b f- •_ ` �1!1'i�' 5 `b t�-� J'PEARSON (Legibly Print or Stamp Name of Notary) MMISSION# 102069OMMISSION EXPIRES NOTARY PUB I in and for the state of ashington, eptember 19, 2026 Residing at - My Commission expires: 20 Anchor Agency 205 Logan Ave S Renton, WA 96057 Phone: 425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) STATE OF WASHINGTON ss. COUNTY OF 10, C:, 0 _c C' © Commercial Brokers ^Cgs Association �! ALL RIGHTS RESERVED I certify that I know or have satisfactory evidence that \/a 7� �!--i,�a-y��° C-01 is the person who appeared before me and said person acknowledged that H C-- signed this instrument, on oath stated that H- C was authorized to execute the Instrument, DATED this day of d, , �, 20(�A, (SEAL or STAMP) (Signature of Notary (Legibly Print or Stamp Name of Notary) NOTARY PUBI,Ip in and for the state of Washington, Residing at fa tyg I J'.) e� (.�1 My Commission expires: STATE OF WASHINGTON ss. COUNTY OF 1 Q k.C-r I certify that I know or have satisfactory evidence that T A --ter A- �r�_ l� r.1� ¢� is the person who appeared before me and said person acknowledged that mac, I'Lc signed this instrument, on oath stated that was authorized to execute the Instrument. DATED this i day of ��Ca ✓ s 20-9 3 (SEAL or STAMP) (Signature of Not Notary Public (Legibly Print or Stamp Name of Notary) stateoff �A' aslf�AugttI311 R®! ��►��®� NOTARY PUBC in and for the state of Washington, COMMISSION# 102069 Residing at �S t-I in 1 1 V 2 � � A - MY COMMISSION EXPIRES September 19, 2026 i c:, My Commission expires: F ` ° , EXHIBIT A 21 Anchor Agency © Commercial Brokers ^ G�� 205 Logan Ave S Association Renton, WA98057 ALL RIGHTS RESERVED Phone: 425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) [Outline of the Premises] EXHIBIT B 22 Anchor Agency © Commercial Brokers �P ��� 205 Logan Ave S Association U Renton, WA98o57 ALL RIGHTS RESERVED Phone:425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) [Legal Description of the Property] One Story Multi -Tenant Retail Plaza Legal Description HILLMAN CITY ADD DIV # 6 W 10 FT OF 11 & ALL OF 12-13 PLat Block: 10 Plat Lot: 11-12-13 RENT RIDER 23 Anchor Agency © Commercial Brokers lP C13� 205 Logan Ave S Association Renton, WA 98057 ALL RIGHTS RESERVED Phone: 425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) This Rent Rider ("Rider") is a part of and incorporated by this reference into that certain Lease Agreement dated August 8, 2023 ("Lease") between, TOAN NGO AND NHI NGUYEN a(n) ("Landlord") and FOUNTAIN OF HOPE MINISTRIES, Vitu Kamanga and Dawa Kamanga a(n) ("Tenant"), as the same may be amended, concerning the commercial space commonly known as 300 S 3rd St Renton, WA 98057 ("Property) 1. BASE MONTHLY RENT SCHEDULE. Tenant shall pay to Landlord base monthly rent during the initial ease Term according to the following schedule: Lease Year State in Years or Months Base Monthly Rent Amount 09/01/2023 — 08/31/2024 $ 0,00 09/01/2024 — 08/31/2025 $ 7,000.00 09/01/2025 — 08/31/2026 $ 7,350.00 09/01/2026 — 08/31/2027 $ 7,570.00 09/01/2027 — 08/31/2028 $ 7,949.00 ❑ 2. CONSUMER PRICE INDEX ADJUSTMENT ON BASE MONTHLY RENT. The base monthly rent shall be increased on the first day of the second year of the Term, which shall occur on the first day of the calendar month after the calendar month in which the Commencement Date occurs and on the first day of each year of the Term thereafter (each, an "Adjustment Date") (but not during any extended or renewal term(s) unless specifically set forth elsewhere in the Lease or set forth in this Rent Rider below). The increase shall be determined in accordance with the increase in the United States Department of Labor, Bureau of Labor Statistics, Revised Consumer Price Index for All Urban Consumers (CPI-U): U.S. Cities Average, all items index (Reference Base 1982-84 equal 100)(the "Index"). The base monthly rent payable immediately prior to the applicable Adjustment Date shall be increased by the percentage that the Index published for the date nearest preceding the applicable Adjustment Date has increased over the Index published for the date nearest preceding the first day of the Lease Year from which the adjustment is being measured. Upon the calculation of each increase, Landlord shall notify Tenant of the new base monthly rent payable hereunder. Within twenty (20) days of the date of Landlord's notice, Tenant shall pay to Landlord the amount of any deficiency in base rent paid by Tenant for the period following the subject Adjustment Date and shall thereafter pay the increased base rent until receiving the next notice of increase from Landlord. If the components of the Index are materially changed after the Commencement Date, or if the Index is discontinued during the Lease term, Landlord shall notify Tenant of a substitute published index which, in Landlord's reasonable discretion, approximates the Index, and shall use the substitute index to make subsequent adjustments in base monthly rent. In no event shall base monthly rent be decreased pursuant to this paragraph. GUARANTY OF TENANT'S LEASE OBLIGATIONS RIDER 24 Anchor Agency © Commercial Brokers ^ C13�1 205 Logan Ave S Association U Renton, WA 98057 ALL RIGHTS RESERVED Phone: 425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) This Guaranty of Tenant's Lease Obligations Rider ("Guaranty") is made by FOUNTAIN OF HOPE MINISTRIES, Vitu Kamanga and Dawa Kamanga, ("Guarantor"), for the benefit of TOAN NGO AND NHI NGUYEN, a(n) ("Landlord"), whose address is 205 Logan Ave S Renton, WA 98057. Guarantor hereby agrees as follows: 1. Underlying Lease. Concurrently herewith, Landlord and, a(n) ("Tenant"), have entered into that certain Lease Agreement dated August 8, 2023 ("Lease") concerning the leased commercial space commonly known as 300 S 3rd St Renton, WA 98057 ("Premises"). 2. Guaranty. Guarantor hereby executes this Guaranty as a material inducement to and in consideration of Landlord entering into the Lease with Tenant. Therefore, Guarantor absolutely, unconditionally and irrevocably guarantees to Landlord and its successors and assigns, without deduction by reason of set-off, defense or counterclaim, (a) the timely and complete payment of all rent and other sums to be paid to Landlord under the Lease, including all attorney's fees, costs and expenses of collection incurred by Landlord in enforcing its rights and remedies under the Lease and this Guaranty; and (b) the timely and complete discharge and performance of each and every other term, covenant, obligation and warranty of Tenant contained in the Lease. If Tenant defaults or breaches the Lease, without further notice or demand from Landlord, Guarantor shall perform Tenant's obligations on Tenant's behalf. This Guaranty shall remain in full force and effect until all the terms, covenants, conditions, and agreements contained in the Lease are fully performed. This Guaranty shall be enforceable against Guarantor without the necessity of any suit or proceeding on the part of Landlord against Tenant or any other party, and Guarantor waives any right to require Landlord to pursue any other remedy in Landlord's power whatsoever. This is a guaranty of payment and performance and not of collection. If there is more than one Guarantor, the term Guarantor, as used herein, shall include all of them; each and every provision of this Guaranty shall be binding on each and every one of the undersigned; they shall be jointly and severally liable hereunder; and Landlord shall have the right to join one or all of them in any proceeding or to proceed against them in any order. 3. No Discharge of Guarantor. This Guaranty shall not be discharged and the liability of Guarantor shall in no way be affected by (a) the release or discharge of Tenant in any receivership, bankruptcy or other proceeding; (b) the impairment, limitation or modification of any liability of Tenant to Landlord, or the estate of Tenant in bankruptcy, or of any remedy for the enforcement of Tenant's liability under the Lease or resulting from the operation of any present or future provision of federal or state bankruptcy or insolvency laws or other statute or from the decision in any court; (c) the rejection or disaffirmance of the Lease in any bankruptcy, insolvency, or similar proceeding; (d) the assignment, transfer, or encumbrance of all or any portion of the Tenant's interest in the Lease, the subletting of all or any portion of the Premises, or the granting to any third party of any rights of occupancy of all or any portion of the Premises; (e) waiver of discharge by Landlord of default or future performance by Tenant of any term of the Lease or Guaranty; (f) the exercise, forbearance, or election by Landlord of any of its rights or remedies reserved under the Lease, this Guaranty, or by law; (g) the release by Landlord of any security given to Landlord; or (h) any extension, renewal, amendment, expansion, replacement, novation, or termination of the Lease. 4. Notice; Waiver of Defenses. Landlord shall have no obligation to notify Guarantor of any of the events described in Paragraph 3 of this Guaranty, and Guarantor waives any such notice and acknowledges specifically that such waiver includes notice of (a) acceptance of this Guaranty; (b) any event of default under the Lease or this Guaranty (including proof of notice or demand to Tenant relating to any event of default); (c) opportunity to cure any event of default under the Lease or this Guaranty; (d) presentment and demand for payment or performance; and (e) the existence, creation or incurring of new or additional Lease obligations. Guarantor hereby further waives any and all defenses, rights of subrogation, reimbursement, rights to GUARANTY OF TENANT'S LEASE OBLIGATIONS RIDER participate or benefit from any security held by Landlord under the Lease, indemnification, contribution, GUARANTY OF TENANT'S LEASE OBLIGATIONS RIDER 25 Anchor Agency 205 Logan Ave S Renton, WA 98057 Phone: 425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) ©Commercial Brokers A Cgs Association v' ALL RIGHTS RESERVED and any other rights and defenses that are or may become available to it. Until all of the obligations of Tenant set forth in the Lease are fully performed (including without limitation the payment of all rent and other sums required to be paid by Tenant to Landlord), Guarantor shall have no right of subrogation against Tenant by reason of any payments or acts of performance by Guarantor hereunder, and subordinates any liability or indebtedness of Tenant now or hereafter held by Guarantor to the obligations of Tenant to Landlord under the Lease. 5. Attorneys' Fees. If either party is required to employ an attorney to enforce or declare its rights hereunder, including in any appeal, bankruptcy or insolvency proceeding involving Tenant or any Guarantor, the prevailing party in any such action shall be entitled to recover its attorneys' fees and costs from the non - prevailing party. Attorneys' fees include, without limitation, attorneys' fees whether or not there a lawsuit is filed, and if there is a lawsuit, any fees and costs for trial and appeals. 6. Successors and Assigns. Landlord may assign this Guaranty without the consent of, or notice to, Guarantor, only if Landlord transfers, assigns or otherwise disposes of its interest in the Lease, in which event the benefits of this Guaranty shall inure to the successors and assigns of Landlord. Guarantor's obligations under this Guaranty shall not be assigned by Guarantor and shall be binding upon Guarantor's successors, assigns, heirs, and legal and personal representatives. 7. Financial Statements. Guarantor hereby agrees to deliver to Landlord such financial statements of Guarantor as may be requested from time to time by Landlord, and all such financial statements shall be received by Landlord in confidence. Guarantor also agrees upon five (5) business days' request from Landlord to ratify in writing its Guaranty obligations hereunder for the reliance of Landlord, any prospective purchaser of any interest of Landlord in the Lease or Property, and any lender of Landlord. 8. Notices. Notice hereunder shall be in writing and shall be effective upon personal service or five (5) days after deposit thereof in the United States Mail, registered or certified delivery, return receipt requested, to the other party at its above address, except that under no circumstances shall Landlord be obligated to give Guarantor any notice not specifically required to be given by Landlord pursuant to this Guaranty. Either party may by notice given as aforesaid designate a different address for notice purposes. 9. Governing Law. This Guaranty shall be construed and enforced in accordance with the laws of the State of Washington and any action for enforcement of this Guaranty shall be brought only in the county in which the Premises are situated, provided, however, if Landlord secures in another venue or jurisdiction a judgment or final determination against Tenant with respect to Tenant's default under the Lease and/or the damages to be awarded Landlord for such default, Guarantor shall be bound by such judgment or final determination and shall stipulate to, and otherwise direct the applicable court in the county of Washington in which the Premises are situated to give full faith and credit to such judgment or final determination in any action brought to enforce this Guaranty. w C-r A F rt�v`rr ` (��'r3 O 1 2 3 Guarantor Name Date Sign t re lww-- Spouse (if pers al guaranty) Date 01 (3 012 .;;. 99 Anchor Agency 205 Logan Ave S Renton, WA98057 Phone: 425-470-6656 LEASE AGREEMENT (SINGLE TENANT — MODIFIED GROSS) OPTION TO EXTEND RIDER ©Commercial Brokers ^� � Association ALL RIGHTS RESERVED This Option to Extend Rider ("Rider") is a part of and incorporated by this reference into that certain Lease Agreement dated August 8, 2023 ("Lease") between, TOAN NGO AND NHI NGUYEN a(n) ("Landlord") and FOUNTAIN OF HOPE MINISTRIES, Vitu Kamanga and Dawa Kamanga a(n) ("Tenant"), as the same may be amended, concerning the commercial space commonly known as 300 S 3rd St Renton, WA 98057 ("Property") 1. EXTENSION OF LEASE. Provided tenant is not in default of any provision of the Lease at the time that Tenant exercises the right to extend the Lease or at the time the new term begins, Tenant shall have One M option to extend the term of the Lease for Five 5 years. The term of the Lease shall be extended on the same terms, conditions and covenants set forth in the Lease, except that (i) the amount of the Base Rent stated in the Lease shall be adjusted as set forth below (provided, however, that Base Rent shall not be decreased); (ii) there shall be no free or abated rent periods, tenant improvement allowances or other concessions that may have been granted to Tenant at the beginning of the initial term hereof; and (iii) after exercise of Tenant's final extension term option, there shall be no further extension or renewal term options. 2. NOTICE. To extend the Lease, Tenant must deliver written notice to Landlord not less than one hundred eighty (180) days prior to the expiration of the then -current Lease Term. Time is of the essence of this Rider. 3. MONTHLY RENT Landlord and Tenant shall make a good faith effort to determine and agree on the fair market value of rent for the Premises for the next tern of the Lease, agreeable at no more than 5% increase over the last month's rent of the previous lease term. Initials Landlord Landlord Date Tenant Date Tenant 2, Date 1 Date k11�,%.7 3 27 Anchor Agency 205 Logan Ave S Renton, WA98057 Phone:425-470-6656 LEASE AGREEMENT (SINGLE TENANT— MODIFIED GROSS) RIGHT OF FIRST REFUSAL ADDENDUM © Commercial Brokers ^Cgs Association ALL RIGHTS RESERVED This Right of First Refusal ("ROFR ADDENDUM") is a part of and incorporated by this reference into that certain Lease Agreement dated August 8, 2023 ("Lease") between, TOAN NGO AND NHI NGUYEN a(n) ("Landlord") and FOUNTAIN OF HOPE MINISTRIES, Vitu Kamanga and Dawa Kamanga a(n) ("Tenant'), as the same may be amended, concerning the commercial space commonly known as 300 S 3rd St Renton, WA 98057 ("Property") The Property identified herein the lease agreement is subject to a Right of First Refusal Clause ("Right of First Refusal'). 2. Seller may receive an offer which may result n the holder of the Right of First Refusal exercising its right. 3. The Seller agrees that they shall not sell, trade, grant or encumber the Property except as provided by the stipulations agreed upon in this contract. The Seller understands that this agreement extends to his/her shareholders, heirs, successors, agents or business partners. 4. If the Seller should receive a bona fide, acceptable and written offer from a third party to buy or trade the Property, he/she will first offer the Property to the Buyer in writing at the same price and with the same terms. 5. The Tenant, also known as prospective Buyer, will then have 60 calendar days from the date he/she receives the offer to respond in writing and must enter a contract of sale with the owner/seller. If he/she has not responded by that time, it will constitute a rejection and the Seller will be free to accept an offer from a third party. 6. If the Buyer accepts the offer, he/she will provide a Notice of Acceptance before the deadline. If not, he/she will provide a Notice of Refusal. 7. This agreement will stay in effect until the expiration and/or termination of the current lease agreement, at which time all stipulations and requirements will be considered void. In witness to their agreement to the terms of this contract, the parties affix their signatures below: Landlord: TOAN NGO AND NHI NGUYEN N o, By: By: Tenant: FOUNTAIN OF HOPE MINISTRIES, Vitu Kamanga and Dawa Kamanga By: '4-1 c�1M C�1Y1c���1 q� �, By: l,�M + Sign: Sign: 28 BANK OF A M E R I C A ���� uasnier s uneCK No. 4759001152 stolen, $ 4porg stntentegt 99cl 9u-ggywqiunbpp0,q %vllt brrequIred , ptior tQ rtplacement.'Thi; check Sfiij ld� a ncgoijatddWlhit;90 days.; f ICE,J4fi BANKING CEN CER ; 764 .0034306 Q08' paY BANK OFF T AMERICAC **'Cen Thousand and 00/100'Dollars** To The NHI NGUYEN AND TOAN NGO Order Of' m M r'1 S Remitter (Purchased By): FOUNTAIN OF MOPE MINI STRILS INTERNA'rlONAL CHURCH Bank of America; N.A. PHOENIX,AL III[, 7 5900 115 20 1: L 2 2 10 L ?061: 4 5 700 29 3 169411' THE ORIGINAL DOCUMENT HAS A WHITE REFLECTIVE WATERMARK ON THE BACK. 0 HOLD AT AN ANGLE TO VIEW WHEN CHECKING THE ENDORSEMENTS.