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HomeMy WebLinkAboutAdden 4LAG -01-006, Adden #4-16 DEPARTMENT OF COMMUNITY SERVICES FOURTH AMENDMENT TO LAG -01-006 Between CITY OF RENTON and KING COUNTY SEXUAL ASSAULT RESOURCE CENTER This Fourth Ame26t to the Lease (the "Fourth Amendment") is entered into as of this � day of2016, the ("Effective Date"), by and between the City of Renton, Washington, a Washington municipal corporation ("Landlord"), and King County Sexual Assault Resource Center, a non-profit corporation registered in Washington ("Tenant"), jointly referred to as the "Parties". Recitals WHEREAS, by this written amendment, the Parties mutually agree to amend the original and existing Lease Agreement, and the previous mutually agreed written amendments of that original and existing Agreement (with each amendment and the original agreement collectively referred to as "Lease"), under which Tenant leases the premises commonly known as Suite 10, located on the ground floor of the 200 Mill Avenue South Building, Renton, Washington (the "Building"), entered into by the Parties on or about October 25, 2001 ("Original Lease," Reference: LAG -01-006), WHEREAS, pursuant to the Original Lease, Tenant now leases Suite 10, which is approximately seven thousand four hundred twenty-one (7,421) rentable square feet in the Building. WHEREAS, Landlord and Tenant desire to expand the premises to include the three thousand nine hundred seventy-five (3,975) square foot Suite 400 premises on the fourth floor of the Building ("Suite 400") in addition to the existing premises. WHEREAS, Tenant and Landlord have agreed to provide Suite 400 on an "as is, where is" basis, with no improvement work, other than new locks, keys and tenant signage for the premises. Prior Amendments to LAG #01-006 Amendment 01-04, executed June 15, 2004, which extended the term of the Lease through 3/31/10 and changed the monthly rents. DWT 308432080 0050033-000447 Amendment Q2-09, executed dated October 1S, 20q9, that extended the term of the lease through 2/28/2015; changed the monthly rents; provided for minor tenant improvements; and provided an optian for a five(5)-year extension. Amendment 03�15, executed dated February 27, 2015, that extended the lease term for five (5) years through 2/29J2020; changed the monthly rents and base year; pravided for tenant improvements;and provided an option for a five(5)-year extension. SECTION 2. Lease Subsection 1(i),entitled Minimum Manihly Rent,shalE be amended to add monthly re�tal rates for the faurth floor expansion iease,to read as fallows: FOURTH �LOOR EXPANSlON SPACE "Minimum Monthly Rent" for Suite 400 means the following amounts, paid in accordance with Article 5 of the tease, as provided by the following periods during the Term af this lease. 7'he base year for caicuiating operating expenses for Suite 400 shall be calendar year 2417. Period MonthlvAmount 1»icials: ,)anuary 1, �8�fi 2017—January $0.00 pe�month Landlord 31, 2017: 'fenant f february 1,2017—Dec. 31, 2017: $5,79b.87 per month {$17.50 psf) Jan. 1, 2018—Dec. 31, 2Q18 $5,962.50 per month ($18.00 psfy . Jan. 1, 2019—Feb. 29, 2020 $6,128.12 per month t18.50 psf} After March 1, 202� Only by mutual written consent of both parties Ail of the foregoing dates shall be moved out by one day for each day from Detember 15,2016 until the date on which Landlord delivers possession of Suite 400 to Tenant. SECTION 2. Lease Section 3 entitled Premises and Appurtenances, shall be amended to add the following: Suite 400 will be leased by Landlord to Tenant commencing December 15, 201b, or such as soon as this Amendment is fu(ly executed and DWT 30843208v3 0050033-000447 exclusive possession of Suite 400 is tendered to Tenant (the "Suite 400 Start Date"), with an expiration date that is co -terminus with Tenant's existing Lease, February 29, 2020. This term may only be extended by mutual written agreement of the Parties. Provided that Tenant is not in material default of the Lease following receipt of notice and expiration of any applicable cure period, Tenant will have the right, effective on or after December 15, 2017, to terminate the lease with respect to Suite 400 only. Tenant must provide Landlord with seven (7) months prior notice of lease termination, and on or before the early termination date, Tenant shall pay to Landlord a termination fee equal to (a) the unamortized portion of the leasing commission paid by Landlord with respect to this Amendment calculated on a straight line basis using an 8% interest rate, plus (b) the equivalent of one (1) month's Base Rent for Suite 400 at the rate payable in the month in which the early termination date occurs. For example, if Tenant wishes to terminate the Lease effective as of December 30, 2017, Tenant must provide written notice to Landlord no later than May 31, 2017. The unamortized leasing commission shall be the portion of the lease commission attributable to the 26 month period from January 1, 2018, through February 29, 2020, and the one month of Base Rent shall be calculated using the rate in effect in December 2017. SECTION 3. Lease Subsection 14(a), entitled Tenant Improvements, shall not be applicable to Suite 400 and with respect to Suite 400 shall be deleted and replaced by the following language: (a) Tenant Improvements. Tenant shall accept Suite 400 in an as is, where is" condition, excepting that Landlord will provide new locks, keys and signage to building standards for Tenant. SECTION 4. Lease Subsection 38(b), entitled Broker, shall not be applicable to Suite 400 and with respect to Suite 400 shall be deleted and replaced by the following language: Broker. Landlord and Tenant acknowledge that Kidder Mathews represents the Landlord in this transaction and Rob Nielson and Hughes McLaughlin of Jones Lange LaSalle represent the Tenant. Both parties are aware of, and acknowledge, the real estate laws in Washington. Upon execution, Landlord shall pay to Jones Lange LaSalle, for the benefit of Rob Nielson and Hughes McLaughlin a market brokerage fee, equal to $1.00 per square foot per year, excepting any free rent periods. Except for the brokers listed above, Tenant and Landlord each represent and warrant to the other that neither has had any dealings or entered into DWT 308432080 0050033-000447 any agreements with any person, entity, broker or finder in connection with the negotiation of this Fourth Amendment, and no other broker, person, or entity is entitled to any commission or finder's fee in connection with the negotiation of this Fourth Amendment, and Tenant and Landlord each agree to indemnify, defend and hold the other harmless from and against any claims, damages, costs, expenses, attorneys' fees or liability for compensation or charges which may be claimed by any such broker, finder or other similar party of reason of any dealings, actions or agreements of the indemnifying party. [The remainder of this page is blank; signatures appear on the following pages.] DWT 308432080 0050033-000447 11WI -11,1111 King County Sexual Assault Resource Center, a non-profit corporation registered in Washington By: Mary Ellen Stone Executive Director STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of December, 2016, before me, a Notary Public in and for the State of Washington, personally appeared Mary Ellen Stone, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that she was authorized to execute the instrument, and acknowledged it as the Executive Director of King County Sexual Assault Resource Center, to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first abgv0% W fb*-We,� �•`'�� �E\G H �Fs�'''• sion j sF�% ;v �OTARy NOTARY PUB IC ' and for the State pUBUO ti Washington, iding at ci ;Z1 OF WASO�G�`�� n/1111111110\\`` My appointment expires Z– 2-2---Z02-0 Print Name A_ -v\ t1 t V,, SSe�— DWT 308432080 0050033-000447 IN WITNESS WHEREOF, the Parties execute this Fourth Amendment as of the Effective Date. LANDLORD The City of Renton, Washington, a Washington Municipal Corporation By: Denis Law, Mayor ATTEST: By DWT 308432080 0050033-000447 STATE OF WASHINGTON ) ss. COUNTY OF_I On this _� day of P$(', m ie/ 2016, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared that executed the foregoing instrument, and acknowledged the said instrument to be t4 free a voluntary act and deed of said corporation, for the purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. LUX Signature �rin4ame i Ep a = v6 L\G - /i e9'"RY PUBLIC in and for the State of k9a �//1i OF WASNO�I� F��111\4�4�lt\\�z`Cshington, residing at &'iivl. My commission expires