HomeMy WebLinkAbout321-323 W Lewis Lease 10.22.09LEASE
321 — 323 West Lewis Street, Pasco, Washington
Columbia Basin L.L.C., dba Washington Investments, hereafter referred to as
"Landlord ", hereby leases to the City of Pasco, a Washington Municipal Corporation, hereafter
referred to as "Tenant ", that certain real property located at 321 — 323 West Lewis Street, Pasco,
Washington. The leased premises are described as:
The East half and the West half of Lot 11, Block 23, Pasco band Company's First
Addition to the City of Pasco (N.P. Plat); said building containing approximately 3,704 square
feet (East = 2,100 sq. ft_, West = 1, 600 sq. ft.)
together with all improvements thereon and appurtenances thereto (the Premises).
Section 1. Occupancy.
1.1 Term. The term of this lease shall commence on .Z day of ,7—e,5E/—
2009 and shall end at midnight on the day before the fifth anniversary of the effective .
date, unless sooner terminated or extended pursuant to any provision hereof.
1.2 Option to Extend. If the lease is still in full force and effect, Tenant shall have
one option to extend the term thereof by five years, provided Tenant is not then in default
hereunder of such a nature as would allow Landlord to terminate the lease, and further provided
written notice of the election of such option(s) shall be sent to Landlord not less than six months
prior to the expiration of the initial term. If said option is duly exercises by Tenant, the term of
the lease shall be automatically extended for the period of said option, without the requirement of
any further instrument, upon all of the same terms, provisions and conditions set forth in the
lease.
1.3 Possession. Tenant's right to possession of the Premises shall commence on the
effective date of this lease.
Section 2. Rent.
Tenant shall pay to Landlord as rent, the sum of $1,200 per month. Rent shall be payable
on the first day of each month in advance at such place as may be designated by Landlord.
Section 3. Use of the Premises.
The Premises shall be used for day to day municipal administration and economic
development and for no other purpose without the written consent of Landlord, which consent
shall not be unreasonably withheld.
Section 4. Repairs and Maintenance.
4.1 Landlord's Obligations. The following shall be the responsibility of Landlord, at
its expense:
(a) Repairs of the roof and gutters, exterior walls, bearing walls, structural members,
floor slabs and foundation.
(b) Repair of exterior water, sewage, electrical and gas services up to the point of
entry to the Premises.
(c) Repair of the heating and air conditioning system.
4.2 Tenant's Obligations. Tenant, at its expense, shall keep the interior of the
Premises in good repair and appearance. In addition, the following shall be the responsibility of
the Tenant:
(a) Repair of interior walls, ceilings, doors, windows and related hardware, light
fixtures, switches, wiring and plumbing.
(b) All other repairs to the Premises which Landlord is not required to make.
Section 5. Alterations.
5.1 Tenant Alterations Prohibited. Tenant shall make no alterations to the Premises
without first obtaining Landlord's written consent, which shall not be unreasonably withheld.
All alterations shall be made in a good and workmanlike manner, and in compliance with
applicable laws and building codes.
5.2 Ownership and Removal of Alterations. All improvements and alterations
performed by the Premises by either Landlord or Tenant shall be the property of Landlord when
installed unless the applicable Landlord's consent specifically provides otherwise.
Section 6. Insurance and Indemnity.
6.1 Landlord's Obligation. Landlord shall keep the Premises insured, at Landlord's
expense, against fire and other risks covered by a standard fire insurance policy with an
endorsement for extended coverage.
6.2 Tenant's Obligations. Tenant shall, during the term of the Lease, carry
comprehensive general liability insurance from a responsible company with limits of not less
than $500,000 for injury to one person, $1,000,000 for injury to two or more persons in one
occurrence, and $50,000 for damage to property. Such insurance shall cover- all risks arising out
of Tenant's activities on the Premises. Such insurance shall name Landlord as an additional
insured. Certificates evidencing such insurance and bearing endorsements requiring 30 days
written notice to Landlord prior to any change or cancellation shall be furnished to Landlord.
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Additionally, Tenant shall indemnify and defend Landlord from any claim, loss or liability
arising out of or related to any negligent activity of Tenant on the Premises.
6.3 Waiver of Subrogation. Landlord and Tenant hereby release each other from all
claims, losses and liabilities arising from or caused by a hazard covered by,_ or which could be
covered by, property insurance on the Premises.
Section 7. Utilities.
Tenant shall pay all utility charges for services provided to the Premises.
Section 8. Taxes.
Tenant shall pay all real property taxes assessed against the Premises.
Section 9. Damage or Destruction.
If the Premises are damaged or destroyed in whole or in part, Landlord may, at its option,
elect to terminate this tenancy. If the Landlord elects to repair the Premises, rent shall be abated
during the repair of any damage to the extent the Premises are untenantable.
Section 10. Quiet Enjoyment.
Landlord agrees that so long as Tenant observes and performs all of the agreements and
covenants required of it hereunder, Tenant shall peaceably and quietly have, hold and enjoy the
Premises for the lease term without interference by Landlord.
Section 11. Surrender At Expiration.
Upon expiration of the lease term or earlier termination as provided herein, Tenant shall
surrender the Premises in the same condition as at the commencement of the Lease, reasonable
wear and tear expected.
Section 12. Default.
Tenant shall be in default of this lease if it fails to comply with any term or condition or
fulfill any obligation of the lease. In the event of a default, this lease may be terminated at the
option of Landlord by written notice to Tenant. Whether or not the lease is terminated by the
election of Landlord or otherwise, Landlord shall be entitled to recover damages from Tenant.
Landlord may retake possession of the Premises and reserves any other remedy available to it
under the applicable law.
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Section 13. Miscellaneous.
13.1 Non- waiver. Waiver by Landlord of strict performance of any provision of this
lease shall not be a waiver of or prejudice the party's right to require strict performance of the
same provision in the future or of any other provision.
13.2 Notices. Any notice required or permitted under this lease shall be given when
actually delivered or 48 hours after deposited in United States mail as certified mail addressed to
the address first given in this lease or to such other address as may be specified from time to time
by either of the parties in writing.
13.3 Entry for Inspection. Landlord shall have the right to enter upon the Premises at
any time to determine Tenant's compliance with this lease or to make necessary repairs to the
building or to the Premises.
13.4 Proration of Rent. In the event of commencement of this lease at a time other than
the beginning of the specified rental period, then the rent shall be prorated as of the date of
commencement.
13.5 Time of Essence. For the purposes of this lease, time is of the essence. Should any
dispute arise concerning the enforcement, breach or interpretation of this lease, venue shall be
placed in Franklin County, Washington and the laws of the State of Washington shall apply.
13.6 Subletting. Tenant may freely sublet the Premises provided that any sublessee
agrees to comply with the provisions of this lease.
Section 14. Legal Fees and Costs.
In the event any legal proceeding is commenced for the purpose of enforcing or
interpreting any of the provisions of this agreement, the prevailing party shall be entitled to
recover a reasonable attorney's fee in such proceeding, or any appeal thereof, to be set by the
court, in addition to costs and disbursements allowed by law.
Section 15. Integrated Agreement.
This document is the entire, final and complete agreement of the parties pertaining to the
lease of the Premises, and supersedes and replaces all written and oral agreements theretofore
made or existing by and between the parties or their representatives insofar as the Premises are
concerned.
S
LANDLORD:
Columbia Basin L.L.C.,
dba Washington Investments
I
Leonard Dietrich, Manager
TENANT:
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
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4pi OcIp , 2009
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VG , 2009
STATE OF WASHINGTON )
ss.
County of Franklin )
On this day personally appeared before me, LEONARD DIETRICH, to me known to be
the individual described in and who executed the within and foregoing instrument, and
acknowledged that he signed the same as his free and voluntary act and deed for the uses and
purposes therein mentioned.
SUBSCRIBED and SWORN to before me this o day of
2009.
&'Qi , t S.1+0 - Notary Public in and for the State of II
:4 *OTAAY 1� Washington, residing at &
+* PUBL'��' My Commission expires:
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46.
OF
STATE OF WASHINGTON )
ss.
County of Franklin )
On this day personally appeared before me, GARY CRUTCHFIELD, to me known to be
the individual described in and who executed the within and foregoing instrument, and
acknowledged that he signed the same as his free and voluntary act and deed for the uses and
purposes therein mentioned.
SUBSCRIBED and SWORN to before me this day of
2009.
Notary Public in a d for the State qf
residing at
My Commission expires:
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