HomeMy WebLinkAboutLease LAG-09-003
RENTAL AGREEMENT
THIS LEASE AGREEMENT, dated ?nahzX 10� X009 (for reference purposes
only), is made by and between City of Renton, Washington (hereinafter called Lessor)
and King County Fire Protection District No. 40 (hereinafter called Lessee):
1. Premises. Lessor does hereby agree to lease to Lessee one interior
office and two storage rooms in Renton Fire Station 13 (Rooms 121, 123 and 136)
together with the coordinated use of all common areas and meeting rooms. (See attached
Exhibit A)
2. Term: The Lease shall begin on March 1, 2009, and continue through
January 31, 2019.
3. Rent: No rent shall be paid. The consideration will be public services.
4. Utilities: Lessor shall be responsible for the cost of any and all utilities,
except for telephone and data lines used solely by Lessee.
5. Maintenance/Damages: Lessor shall provide janitorial services to the
leased premises and shall maintain the premises in a reasonable state of cleanliness and
repair. Lessee shall be responsible for any and all damages to the leased premises caused
by Lessee beyond ordinary and reasonable wear and tear. Lessor shall present Lessee
with an itemized bill for such repairs for which Lessor believes Lessee to be responsible.
Lessee shall agree to pay or secure a mutually agreeable payment schedule within thirty
(30) days of the written receipt of the amount owing. Lessor agrees to maintain and
repair the roof, outside walls, floors and structural part of said premises, provided that
any damage to the roof, outside walls, floors or structure caused by acts of the Lessee, its
agents or invitees, shall be repaired by Lessor and billed to the Lessee.
6. Improvements/Alterations: No alterations or remodeling to or upon the
premises shall be made without the consent of Lessor.
7. Signs: Lessee shall be allowed to erect signs on or about the premises
necessary to inform the public of the existence and location of the administrative offices
of King County Fire Protection District No. 40.
8. Fixtures: All fixtures attached to the premises solely by the Lessee may
be removed by the Lessee at any time provided that the Lessee shall restore the premises
to their condition prior to the installation of the fixtures, normal wear and tear excepted.
9. Indemnity and Hold Harmless: Lessor and Lessee mutually agree that in
any and all causes of action and/or claims, or third party claims, arising under the terms,
activities, use and/or operations of this Lease, including the leased premises, each party
shall be responsible for the other only to the extent of each other's comparative fault in
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causing alleged damages or injuries. Each party agrees to indemnify the other to the
extent of the indemnitor and indemnitee's proportional share.
As to any and all causes of actions and/or claims, or third-party claims,
arising under the sole fault of a party to this Lease, said party shall have a duty to defend,
save, and hold the other party harmless, and upon failure to do so, said party shall pay
reasonable attorney's fees, costs and expenses incurred by the other party to this Lease in
defense of said claims and/or actions.
10. Insurance: The Lessee acknowledges, accepts, and agrees that the Lessor
is self-insured and Lessor will provide proof of each self-insurance upon request of the
Lessee.
11. Subletting and Assignment: Lessee shall not sublet the whole or any part
of the premises.
12. Damage or Destruction. In the event the premises are damaged to such an
extent as to render them untenantable in whole or in part and Lessor elects to repair or
rebuild, the work shall be prosecuted without unnecessary delay. In the event the building
in which the leased premises are located shall be destroyed or damaged to such extent
that, in the opinion of the Lessor, it shall not be practical to repair or rebuild, it shall be
optional with Lessor to terminate this Lease by written notice to Lessee within twenty
days after such damage or destruction.
13. Right of Entry: Lessor reserves and shall at any and all reasonable times
have the right to enter the premises, inspect the same and to repair the premises and any
portion of the building of which the premises are a part and may for the purpose erect
scaffolding and any other necessary structures when reasonably required by the character
of the work performed, all as providing that the entrance to the premises shall not be
blocked thereby, and further providing that the business of Lessee shall not be interfered
with unreasonably. Except for emergencies, Lessor shall give ten (10) days' notice
before entry to repair the premises.
For each of the aforesaid purposes, Lessor shall at all times have and
retain a key with which to unlock all of the doors, in, upon, and about the premises,
excluding Lessee's vaults, and files, and Lessor shall have the right to use any and all
means which Lessor may deem proper to open said doors in an emergency, in order to
obtain entry to the premises without liability to Lessee except for any failure to exercise
due care for Lessee's property. Any entry to the premises obtained by Lessor by any of
said means or otherwise shall not under any circumstances be construed or deemed to be
forceful or unlawful entry into, or a detainer of the premises, or an eviction of Lessee
from the premises or any portion thereof provided said entry relates to emergency
purposes as aforesaid.
14. Waiver of Subrogation: Lessor and Lessee agree that they shall not make
a claim against or seek recovery from the other for any loss or damage to their property,
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or the property of others, resulting from fire or other hazards covered by fire and
extended coverage insurance and each hereby releases the other from any such claim or
liability regardless of the cause of such loss or damage so covered by insurance. In the
event of any increased cost or impairment of ability to obtain such insurance, the party
suffering such increased cost or impairment may terminate such waiver and release upon
written notice to the other party hereto. Such waiver is conditioned upon the parties
having had their respective insurance companies issue a policy or endorsement providing
that the waiver or release of subrogation rights shall not adversely affect or impair such
policies or recovery by the insured thereunder.
15. Surrender of Premises: At the end of the term of this Lease or any
extension thereof or other sooner termination of this Lease, Lessee will peaceably deliver
up to the Lessor possession of the premises in the same condition as received, except for
ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone,
and Lessee will deliver all keys to the premises to the Lessor.
16. Costs and Attorneys' Fees: If, by reason of any default or breach on the
part of either party in the performance of any of the provisions of this Lease, a legal
action is instituted, the losing party agrees to pay all reasonable costs and attorneys' fees
in connection therewith. It is agreed that the venue of any legal action brought under the
terms of this Lease will be in the county in which the premises are situated.
17. Successors and Assigns: All of the agreements, conditions and provisions
of this Lease shall inure to the benefit of and be binding upon the heirs, executors,
administrators, successors and assigns of Lessor and Lessee.
18. Rules and Regulations: Lessee shall faithfully observe and comply with
the rules and regulations which shall apply to and be for the mutual benefit of all tenants
in the building in which the premises are located, and all reasonable modifications of and
additions thereto from time-to-time put in effect by Lessor. Such rules and regulations
are specified in the published District policies and procedures.
19. Quiet Enjoy: Lessor covenants and agrees that Lessee, upon
performance of all Lessee's obligations under this Lease, shall lawfully and quietly hold,
occupy and enjoy the premises during the term of this Lease without disturbance by
Lessor or by any person having title paramount to Lessor's title or by any person
claiming under Lessor, subject to the other terms and provision of this Lease and subject
to all mortgages, underlying leases and other underlying matters of record to which this
Lease is or may become subject to and subordinate.
20. Notices: All notices by either party to the other shall be in writing and
may be delivered personally or by certified or registered mail to the following address:
To Lessor: Peter Renner, Facilities Division Director
1055 S. Grady Way
Renton, WA 98057
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To Lessee: King County Fire Protection District No. 40
18002108 1h Avenue SE
Renton, WA 98055
or at such other address as either party may designate to the other in writing from time-to-
time.
21. Time: Time is of the essence of this Lease and of each and all of the
agreements, conditions and provisions herein.
22. Entire Agreement: This Lease contains all covenants and agreements
between Lessor and Lessee relating in any manner to the leasing, occupancy and use of
the premises and Lessee's use of the building and other matters set forth in this Lease.
No prior agreements or understanding pertaining to the same shall be valid or of any
force or effect and the covenants and agreements of this Lease shall not be altered,
modified or added to except in writing signed by Lessor and Lessee.
23. Interpretation — State Law: The titles to paragraphs of this Lease are for
convenience only and shall have no effect upon the construction or interpretation of any
part hereof. This Lease shall be governed by the laws of the State of Washington.
24. Severability: The unenforceability, invalidity, or illegality of any
provision of this Lease shall not render the other provisions unenforceable, invalid or
void.
IN WITNESS WHEREOF,the Lessor and Lessee have executed this Lease on the
dates specified below.
LESSEE: King County Fire Protection District No. 40
By: �' Date:
kONNIE-j3-E1fNKE
Chair, Board of Commissioners
A roved �. `- Date: c�
pp b Y / _a
KI&NON W. WILLIAMS
Attorney for King County Fire
Protection District No. 40
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LESSOR: City of Renton, Washington
By: Date: l b p
DENIS LAW
Mayor, City of Renton
Attest: , 4, Gl/G ,d`-nJ
Bonnie 1. Walton, City Clerk
Approved by: Date: —/-),7-z�l '!y" /0, 4 9
LAWRENCE J. WARREN
Attorney for City of Renton
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