HomeMy WebLinkAboutR-2004-097 Yakima Mall Shopping Center Corporation Lease (re: Capitol Theatre workspace)RESOLUTION NO. R 2004- 97
A RESOLUTION authorizing and directing the City Manager to execute a lease between
the City of Yakima and the Yakima Mall Shopping Center Corporation
for temporary Capitol Theatre workspace.
WHEREAS, the City of Yakima is engaged in renovations to the Capitol Theatre; and
WHEREAS, the City of - Yakima desires to provide alternative workspace to the
Capitol Theatre Committee while such renovations are ongoing; and
WHEREAS, the Yakima Mall Shopping Center Corporation has suitable workspace
in the Tower building; and
WHEREAS, the Yakima Mall Shopping Center Corporation is willing to lease such
space in accordance with the terms and conditions of the attached lease; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima
to enter into the attached Lease with the Yakima Mall Shopping Center Corporation for
temporary workspace, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated "The Tower Tenant Lease to City of Yakima Tenant" with the Yakima Mall
Shopping Center Corporation for temporary Capitol Theatre workspace.
ADOPTED BY THE CITY COUNCIL this 6th day of July, 2004.
ATTEST: Paul P. George, Mayor
ahs-,...
City Clerk
THE TOWER
TENANT LEASE
TO
CITY OF YAKIMA
TENANT
July /,7--' , 2004
LEASE AGREEMENT
1.0 BASIC LEASE PROVISIONS
1.1 LANDLORD: YAKIMA MALL SHOPPING CENTER CORPORATION
ADDRESS: THE TOWER
402 E YAKIMA AVENUE SUITE 1400
YAKIMA WA 98901
Phone: (509) 248-4040
1.2 TENANT:
CITY OF YAKIMA (The Capitol Theatre Office)
ADDRESS: 402 E YAKIMA AVENUE SUITE 110
YAKIMA WA 98901
PHONE NUMBER: (509)
TENANT'S TRADE NAME: The Capitol Theatre
1.3 PREMISES: The Tower, Yakima, Washington, Suite 110 and 2.0
consisting of approximately 2825 square feet.
1.4 PERMITTED USES: General Office 5.0
1.5 LEASE TERM: One Year, commencing August 1, 2004 3.0
and expiring July 31, 2005.
1.6 COMMENCEMENT DATE: August 1, 2004 3.0
1.7 INITIAL TERM TERMINATION DATE:
July 31, 2005 3.0
1.8 BASE RENT: Eighteen Hundred and No/100ths Dollars ($1800.00) 4.1
per month payable monthly in advance on or before
the first day of each calendar month.
(1)
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1.9 EARLY TERMINATION: Notwithstanding that this Lease is for a term
of one year, it is expressly understood and agreed that
either party may terminate this Lease as of the last day of
any calendar month by serving written notice on the other
party, in the manner provided by Section 33.0 of this Lease,
not Tess than 30 days prior to the effective date of termination.
1.10 OPTION TO EXTEND: The Tenant is hereby granted an option to extend
this Lease for another year, i.e. from August 1, 2005 to
July 31, 2006 on all the same terms and conditions of this
Lease, specifically including, but not by way of limitation,
Section 1.8 (Rent) and Section 1.9 (Early Termination).
(ii)
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THE TOWER
YAKIMA, WASHINGTON
OFFICE BUILDING LEASE
THIS LEASE is made this /" day of July, 2004 between YAKIMA MALL
SHOPPING CENTER CORPORATION, a Washington corporation, ("Landlord") and
CITY OF YAKIMA ("Tenant").
1.0 BASIC LEASE PROVISIONS: The Basic Lease Provisions on the previous
pages (i) and (ii) are hereby incorporated into this Lease.
2.0 DEMISED PREMISES:
2.1 Landlord hereby leases to Tenant those certain premises located in
THE TOWER BUILDING (hereinafter the "Building") designated on the floor plan
attached hereto as Exhibit "A" (the "Demised Premises"), and more particularly described
in section 1.3 of this Lease (page i above), located on the following described real
property situate in the City of Yakima, Yakima County, Washington, to wit:
Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 91, TOWN OF NORTH
YAKIMA, now YAKIMA, as recorded in Volume "E" of Plats,
Page 1, Records of the Auditor of Yakima County,
Washington
known as THE TOWER, Yakima, Washington (hereinafter the "Building"), together with a
non-exclusive right, subject to the provisions hereof, to use all appurtenances thereunto,
including but not limited to, other areas and facilities designated by Landlord for use in
common by tenants of the Building. The Building and real property on which the same is
situated, other areas and appurtenances are hereinafter collectively sometimes called the
"Building Complex".
This Lease is subject to the terms, covenants and conditions set forth herein and
Tenant and Landlord each covenant as a material part of the consideration for this Lease
to keep and perform each and all of said terms, covenants and conditions by it to be kept
and performed and that this Lease is made upon the condition of such performance.
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2.2 Right to Relocate: Landlord shall have the right at any time during
the term of this Lease, upon giving Tenant thirty (30) days notice in writing, to provide and
furnish Tenant with space elsewhere in the Building of approximately the same size and
area as the herein demised space. Should Tenant refuse to relocate to such new space
at the end of the 30 -day period the Landlord shall have the right to cancel and terminate
this Lease, effective immediately, without further notice. In the event Landlord relocates
Tenant to such new space, then this Lease shall be amended to reflect the Tenant's
relocation and each and all of the terms, covenants and conditions thereof, shall
thereupon remain in full force and effect and be deemed applicable to such new space.
3.0 TERM: This Lease is for an initial term of twelve (12) months commencing
on August 1, 2004 and expiring on July 31, 2005. Should Tenant, with the Landlord's
acquiescence, hold over after the expiration of said initial term, Tenant shall become a
tenant from month-to-month only upon each and all of the terms herein provided as may
be applicable to such a month-to-month tenancy.
4.0 RENT:
4.1 Base Rent: Tenant agrees to pay to Landlord, in advance, on or
before the first day of each and every month during the term hereof, at the offices of the
Landlord in THE TOWER, or at such other place as Landlord may from time to time
designate (by written notice to the Tenant), the base rent set forth in section 1.8 of this
Lease (page i above) Rent for a part of the month shall be prorated in proportion to the
number of days in said month.
5.0 CHARACTER OF OCCUPANCY:
5.1 The Demised Premises are to be used for the purpose of conducting
such business as is described in section 1.4 and for no other purpose
5.2 Tenant shall not suffer nor permit the Demised Premises nor any
part thereof to be used in any manner, nor anything to be done therein, nor suffer or
permit anything to be brought into or kept therein, which would in any way (i) make void or
voidable any fire or liability insurance policy then in force with respect to the Building; (ii)
make unobtainable from reputable insurance companies authorized to do business in the
State of Washington any fire insurance with extended coverage, or liability, elevator,
boiler or other insurance required to be furnished by Landlord under the terms of any
lease or mortgage to which this Lease is subordinate at standard rates provided Tenant is
not deprived of its intended use of the Demised Premises; (iii) cause or in Landlord's
reasonable opinion be likely to cause physical damage to the Building or any part thereof,
(iv) constitute a public or private nuisance, (v) impair, in the reasonable opinion of
Landlord, the appearance, character or reputation of the Building, (vi) discharge
objectionable fumes, vapors or odors into the Building air conditioning system or into the
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Building flues or vents not designed to receive them or otherwise in such manner as may
unreasonably offend other occupants; (vii) impair or interfere with any of the Building
services or impair or interfere with or tend to impair or interfere with the use of any of the
other areas of the Building by, or occasion discomfort, or annoyance to Landlord or any of
the other tenants or occupants of the Building, any such impairment or interference to be
in the reasonable judgment of Landlord; (viii) injure the reputation of the Building or permit
the use of the Demised Premises for lodging or sleeping purposes; (ix) increase on an
ongoing periodic basis the pedestrian traffic in and out of the Demised Premises or the
Building above an ordinary level; (x) constitute waste; or (xi) make any noise or set up any
vibration which will disturb other tenants, except in the course of permitted repairs or
alterations.
5.3 Tenant shall not use the Demised Premises nor permit anything to
be done in or about the Demised Premises which will in any way conflict with any law,
statute, ordinance or governmental rule or regulation now in force or which may hereafter
be enacted or promulgated. Tenant shall give prompt notice to Landlord of any notice it
receives of the violation of any law or requirement of any public authority with respect to
the Demised Premises or the use or occupation thereof. Landlord shall give prompt
notice to Tenant of any notice it receives relative to the violation by Tenant of any law or
requirement of any public authority with respect to the Demised Premises or the use or
occupation thereof.
5.4 Hazardous Substances: The following provisions regarding
hazardous substances are in addition to and not in lieu of the provisions of sections 5.1,
5.2 and 5.3 above
5.4.1 Presence and Use of Hazardous Substances Tenant shall not,
without Landlord's prior written consent, keep on or around the Premises,
Common Areas or Buildings, for use, disposal, treatment, generation, storage or
sale, any substances designated as, or containing components designated as
hazardous, dangerous, toxic or harmful (collectively referred to as "Hazardous
Substances"), and/or which are subject to regulation as Hazardous Substances by
any federal, state or local law, regulation, statue or ordinance. With respect to any
such Hazardous Substance, Tenant shall
(1) Comply promptly, timely, and completely with all
governmental requirements for reporting, keeping and submitting manifests,
and obtaining and keeping current identification numbers,
(2) Submit to Landlord true and correct copies of all reports,
manifests and identification numbers at the same time as they are required
to be and/or are submitted to the appropriate governmental authorities;
3; Within five (5) days of Landlord's request. submit written
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reports to Landlord regarding Tenant's use, storage, treatment,
transportation, generation, disposal or sale of Hazardous Substances and
provide evidence satisfactory to Landlord of Tenant's compliance with the
applicable governmental regulation;
(4) Allow Landlord or Landlord's agent or representative to come
on the Premises at all times to check Tenant's compliance with all
applicable governmental regulations regarding Hazardous Substances;
(5) Comply with minimum levels, standards or other performance
standards or requirements which may be set forth or established for certain
Hazardous Substances (if minimum standards or levels are applicable to
Hazardous Substances present on the Premises, such levels or standards
shall be established by an onsite inspection by the appropriate
governmental authorities and shall be set forth in an addendum to this
Lease); and
(6) Comply with all governmental rules, regulations and
requirements regarding the proper and lawful use, sale, transportation,
generation, treatment, and disposal of Hazardous Substances.
Any and all costs incurred by Landlord and associated with Landlord's
inspections of Tenant's Premises and Landlord's monitoring of Tenant's
compliance with this section 5.4, including Landlord's attorneys fees and costs,
shall be additional rent and shall be due and payable to Landlord immediately
upon demand by Landlord.
5.4.2 Cleanup Costs, Default and Indemnification:
(1) Tenant shall be fully and completely liable to Landlord for any
and all cleanup costs and any and all other charges, fees, penalties (civil
and criminal) imposed by any governmental authority with respect to
Tenant's use, disposal, transportation, generation and/or sale of Hazardous
Substances, in or about the Premises, Common Areas, or Building.
(2) Tenant shall indemnify, defend and hold Landlord harmless
from any and all of the costs, fees, penalties and charges assessed against
or imposed upon Landlord (as well as Landlord's attorneys fees and costs)
as a result of Tenant's use, disposal, transportation, generation and/or sale
of Hazardous Substances.
(3) Upon Tenant's default under this section 5.4, in addition to
the rights and remedies set forth elsewhere in this Lease. Landlord shall be
entitled to the following rights and remedies -
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(i)
At Landlord's option, to terminate this Lease immediately; and
(ii) To recover any and all damages associated with the default,
including, but not limited to cleanup costs and charges, civil
and criminal penalties and fees, loss of business and sales by
Landlord and other tenants of the Building, and any and all
damages and claims asserted by third parties and Landlord's
attorneys fees and costs.
6.0 SERVICES AND UTILITIES:
6.1 Utility Rates and Payments: Landlord shall pay the cost of electricity,
water, sewer and garbage utility service to the Premises, at no additional cost to the
Tenant. Landlord will not provide any telephone or telecommunications services or
janitorial services to the Premises.
6.1.1 Landlord shall not be liable to Tenant for any loss or damage
caused by or resulting from any variation, interruption, or failure of such
services due to any cause beyond Landlord's reasonable control. No
temporary interruption or failure of such services incident to the making of
repairs, alterations, or improvements or due to accident or strike, or
conditions or events beyond Landlord's reasonable control, shall be
deemed a constructive eviction of Tenant or relieve Tenant from any of
Tenant's obligations hereunder.
7.0 QUIET ENJOYMENT: Landlord warrants and agrees to defend Tenant in
the quiet enjoyment and possession of the Demised Premises during the term of this
Lease so long as Tenant complies with the provisions hereof.
8.0 MAINTENANCE AND REPAIRS
8.1 Landlord shall make all necessary repairs and replacements to the
non -leasable areas of the Building, to the heating, air conditioning and electrical systems
located in the Building and to the common areas, and Landlord shall also make all repairs
to the Demised Premises which are structural in nature; provided, however, that Tenant
shall reimburse Landlord for all repairs and replacements arising from Tenant's act,
neglect or default and that of its agents, servants and employees.
8.1.1 In the event that the Landlord shall deem it necessary, or be required
by any governmental authority to repair, alter, remove, reconstruct or improve any
part of the Demised Premises or of the Building (unless the same result from
Tenant's act, neglect, default or mode of operation), then the same shall be made
by Landlord with reasonable dispatch, and should the making of such repairs,
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alterations or improvements cause any interference with Tenant's use of the
Demised Premises, such interference shall not relieve Tenant from the
performance of its obligations hereunder.
8.2 Tenant, at Tenant's sole cost and expense, except for services
furnished by Landlord pursuant to section 6 hereof, shall maintain the Demised Premises
in good order, condition and repair including the interior surfaces of the ceilings (if
damaged or discolored due to the fault of Tenant), walls and floors, all doors, interior
glass partitions or glass surfaces (not exterior windows); and to the extent such items
exceed Building standards, plumbing pipes, electrical wiring, switches, fixtures and other
special items. Tenant agrees to promptly repair at Tenant's expense all injury to the
Demised Premises, or to the building of which they are a part, caused by moving the
property of Tenant into, in, or out of the Building or the Demised Premises. In the event
Tenant fails to maintain the Demised Premises in good order, condition and repair,
Landlord shall give Tenant notice to do such acts as are reasonably required to so
maintain the Demised Premises. In the event Tenant fails to promptly commence such
work and diligently prosecute it to completion, then Landlord shall have the right, but shall
not be required, to do such acts and expend such funds at the expense of Tenant as are
reasonably required to perform such work. Landlord shall have no liability to Tenant for
any damage, inconvenience or interference with the use of the Demised Premises by
Tenant as a result of performing any such work.
8.3 Furniture and Other Items: Furniture, appliances, files and other
items shall not be moved in or out of the Demised Premises during normal office hours,
as determined by Landlord. No safe or other articles of over 1,000 pounds shall be moved
into the Demised Premises without the consent of the Landlord. Landlord shall have the
right to fix the position of any article of such weight in the Demised Premises.
9.0 ALTERATIONS AND ADDITIONS:
9.1 Tenant shall make no alterations, additions or improvements to the
Demised Premises or any part thereof without obtaining the prior written consent of
Landlord. Landlord may impose, as a condition to the aforesaid consent, such
requirements as Landlord may deem necessary in its reasonable judgment. Those
requirements will normally include requiring the Tenant to submit professionally prepared
and reasonably detailed plans and specifications for the work for Landlord's prior written
approval, and requiring the Tenant to use the contractor designated by Landlord. Those
requirements may include without limitation the manner in which the work is done, and
the times during which it is to be accomplished. Tenant further agrees not to connect with
Building systems, including electric wires, water pipes, fire safety and mechanical
systems, any apparatus, machinery or device without the prior written consent of
Landlord
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9.2 All alterations and additions to the Demised Premises (whether
performed with or without Landlord's consent as provided herein), shall be deemed a part
of the real estate and the property of Landlord and shall remain upon and be surrendered
with the Demised Premises as a part thereof without molestation, disturbance or injury at
the end of said term, whether by lapse of time or otherwise, unless Landlord, by notice
given to Tenant no later than fifteen (15) days prior to the end of the term, shall elect to
remove or to have Tenant remove all or any of such alterations or additions (excluding
standard Tenant finish work and non-movable office walls), and in such event, tenant
shall promptly remove, at its sole cost and expense, such alterations and additions and
restore the Demised Premises to the condition in which the premises were prior to the
making of the same, reasonable wear and tear excepted. Any such removal, whether
required or permitted by Landlord, shall be at Tenant's sole cost and expense, and
Tenant shall restore the Demised Premises to the condition in which the Demised
Premises were prior to the making of the same, reasonable wear and tear excepted. All
movable partitions, machines and equipment which are installed in the Demised
Premises by or for the account of Tenant, without expense to Landlord, and can be
removed without structural damage to or permanent defacement of the Building or the
Demised Premises, and all furniture, furnishings and other articles of personal property
owned by Tenant and located in the Demised Premises (all of which are herein called
"Tenant's Property"), shall be and remain the property of Tenant and may be removed by
it at any time during the term of this Lease. However; if any of Tenant's Property is
removed, Tenant shall repair or pay the cost of repairing any damage to the Building or
the Demised Premises resulting from such removal All additions or improvements which
are to be surrendered with the Demised Premises shall be surrendered with the Demised
Premises, as a part thereof, at the end of the term or the earlier termination of this Lease.
9.3 If Landlord authorizes persons requested by Tenant to perform any
alterations, repairs, modifications or additions to the Demised Premises, then prior to the
commencement of any such work, Tenant shall on request of Landlord deliver to
Landlord certificates issued by insurance companies qualified to do business in the State
of Washington evidencing that Workmen's Compensation, public liability insurance and
property damage insurance, all in amounts, with companies and on forms reasonably
satisfactory to Landlord, are in force and effect and maintained by all such contractors
and subcontractors engaged by Tenant to perform such work All such policies shall
name Landlord as an additional insured Each such certificate shall provide that the
same may not be canceled or modified without thirty (30) days' prior written notice to
Landlord.
9.4 Tenant, at its sole cost and expense, shall cause any permitted
alterations, decorations, installations, additions or improvements in or about the Demised
Premises to be performed in compliance with all applicable requirements of insurance
bodies having jurisdiction, and in such manner as not to interfere with. delay, or impose
any additional expense upon Landlord in the construction. maintenance or operation of
the Building and so as to maintain harmonious labor relations in the Buliding
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10.0 ENTRY BY LANDLORD: Landlord and its agents shall have the right to
enter the Demised Premises at all reasonable times and upon reasonable notice for the
purpose of examining or inspecting the same, to supply any services to be provided by
Landlord for Tenant hereunder, to show the same to prospective purchasers of the
Building, to make such alterations, repairs, improvements or additions to the Demised
Premises or to the Building of which they are a part as Landlord may deem necessary or
desirable, and to show the same to prospective tenants of the Demised Premises
(provided that in the event of a bona fide emergency, Landlord may enter the Demised
Premises without advance notice solely for the purpose of taking emergency action).
Landlord may, for the purpose of supplying scheduled janitorial services, enter the
Demised Premises by means of a master key without liability to Tenant and without
affecting this Lease. Tenant shall not, without the prior consent of Landlord, change the
locks or install additional locks on any door or doors to the Demised Premises.
11.0 MECHANIC'S LIENS: Tenant shall pay or cause to be paid all costs for
work done by Tenant or caused to be done by Tenant on the Demised Premises of a
character which will or may result in liens on Landlord's interest therein, and Tenant will
keep the Demised Premises free and clear of all mechanic's liens and other liens on
account of work done for Tenant or persons claiming under it. Tenant hereby agrees to
indemnify, defend and save the Landlord harmless of and from all liability, loss, damage,
costs or expenses, including reasonable attorneys' fees, incurred on account of any
claims of any nature whatsoever for work done by or caused to be done by Tenant, or
materials or supplies furnished to Tenant, including lien claims of laborers, materialmen or
others Should any such liens be filed or recorded against the Demised Premises with
respect to work done or for materials supplied to or on behalf of Tenant or any action
affecting the title thereto be commenced, Tenant shall cause such liens to be removed of
record within thirty (30) days after notice from Landlord. If Tenant desires to contest any
such claim of lien, it_ shall furnish Landlord with adequate security of at least 150 percent
of the amount of the claim, plus estimated costs and Interest, and If a final judgment
establishing the validity or existence of any lien for any amount is entered, Tenant shall
pay and satisfy the same at once. If Tenant shall be in default in paying any charge for
which such a mechanic's lien or suit to foreclose such a lien has been recorded or filed
and shall not have given Landlord security as aforesaid, Landlord may (but without being
required to do so) pay such lien or claim and any costs, and the amount so paid, together
with reasonable attorneys' fees incurred in connection therewith, shall be immediately due
from Tenant to Landlord.
12.0 DAMAGE TO PROPERTY, INJURY TO PERSONS.
12.1 Tenant, as a material part of the consideration to be rendered to
landlord under this Lease, hereby waives all claims of liability Tenant or Tenant's
successors or assigns may have against Landlord, and Tenant hereby Indemnifies and
agrees to hold Landlord harmless from and to defend Landlord against any and all claims
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of liability for any injury or damage to any person or property whatsoever: (I) occurring in,
on or about the Demised Premises or any part thereof; and (2) occurring in, or about the
Building Complex, when such injury or damage is caused in part or in whole by the act,
neglect, fault or omission of any duty with respect to the same by Tenant, its agents,
contractors, employees or invitees. Tenant further indemnifies and agrees to hold
Landlord harmless from and against any and all claims arising from any breach or default
in the performance of any obligation on Tenant's part to be performed under the terms of
this Lease, or arising from any act or negligence of Tenant, or any of its agents,
contractors, employees or invitees, from and against all costs, attorneys' fees, expenses
and liabilities incurred in or about any such claim or any action or proceeding brought
thereon.
'12.2 Landlord shall not be liable to Tenant for any damage to personal
property resulting from the carelessness, negligence or improper conduct on the part of a
co -tenant or anyone other than Landlord, or for any damage to person or property
resulting from any condition of the premises or other cause, including, but not limited to,
damage by water, not resulting from negligence of Landlord. Tenant shall give Landlord
prompt notice of any defects in the Demised Premises to be remedied by Landlord. To
the extent not covered by normal fire and extended coverage insurance, Tenant agrees to
pay for all damage to the Building Complex, as well as all damage to tenants or
occupants thereof, caused by Tenant's misuse or neglect of the Demised Premises or
any portion of the Building Complex.
12.3 Neither Landlord nor its agents shall be liable for any damage to
property entrusted to Landlord, its agents or employees of the building manager, if any,
nor for the loss or damage to any property by theft or otherwise, by any means
whatsoever, nor for any injury or damage to persons or property resulting from fire,
explosion, falling plaster, steam, gas, electricity, sprinkler system leakage, water or rain
which may leak from any part of the Building or from the pipes, appliances or plumbing
works therein or from the roof, street or subsurface or from any other place or resulting
from dampness or any other cause whatsoever; provided, however, nothing contained
herein shall be construed to relieve Landlord from liability for any personal injury resulting
from its negligence or that of its agents, servants or employees Landlord or its agents
shall not be liable for any latent defect in the Demised Premises or in the Building.
Tenant shall give prompt notice to Landlord in case of fire or accidents in the Demised
Premises or in the Building or of defects therein or in the fixtures or equipment.
12.4 In case any action or proceeding is brought against Landlord or
Tenant by reason of any obligation on their respective parts to be performed under the
terms of this Lease, or arising from any of their acts or negligence of them, respectively,
or of their agents or employees, such party, upon notice from the other party shall defend
the same at its expense by counsel reasonably satisfactory to the party giving such
notice
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13.0 INSURANCE:
13.1 Tenant shall procure and keep in effect public liability and property
damage insurance, naming the Landlord as an additional insured in the sum of One
Million Dollars ($1,000,000) for damages resulting to one person, and Two Million Dollars
($2,000,000) for damages resulting from one casualty, and Two Million Dollars
($2,000,000) for damage to property resulting from any one occurrence, and shall deliver
said policies or certificates to Landlord prior to initial occupancy and continuously maintain
such coverage thereafter. Landlord shall have the right, upon not less than thirty (30)
days' prior written notice, to raise the limits hereinabove set forth not more often than
annually during the term of this Lease. In the event Tenant fails to provide proof of such
insurance coverage within three (3) days following Landlord's written request therefor,
Landlord may, at its option, procure the same for the account of Tenant, and the cost
thereof shall be paid to Landlord upon receipt by Tenant of bills therefor.
13.2 Tenant shall procure and maintain at its own cost during the term of
this Lease and any extension hereof fire and extended coverage insurance on property of
Tenant in the amount of the full insurable value thereof.
13.3 The parties shall obtain from their respective insurance carriers
waivers of subrogation against the other party, agents, employees and, as to Tenant,
invitees. Neither party shall be liable to the other for any loss or damage caused by fire or
any of the risks enumerated in a standard fire insurance policy with an extended coverage
endorsement if such insurance was obtainable at the time of such loss or damage.
13.4 Each party hereby releases the other party with respect to any claim
(Including a claim for negligence) which it might otherwise have against the other party for
loss, damage or destruction with respect to its property (including the Building, Building
Complex, the Demised Premises and rental value or business interruption) occurring
during the term of this Lease to the extent to which it is insured under a policy or policies
containing a waiver of subrogation or permission to release liability or naming the other
party as an additional insured as provided above.
13.5 Any building employee to whom property shall be entrusted by or on
behalf of Tenant shall be deemed to be acting as Tenant's agent with respect to such
property and neither Landlord nor its agents shall be liable for any damage to the property
of Tenant or others entrusted to employees of the Building, nor for the loss of or damage
to any property of Tenant by theft or otherwise
13.6 Landlord makes no representation that the limits of liability specified
to be carried by Tenant under the terms hereof are adequate to protect Tenant; if Tenant
deems this insurance to be inadequate, Tenant shall, at its own expense, provide such
additional Insurance as necessary
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14.0 DAMAGE OR DESTRUCTION TO PREMISES: If the Demised Premises
are materially damaged or destroyed by fire or other casualty, either party may elect to
terminate the Lease effective as of the date of said Toss or damage.
15.0 There is no Section 15.0 of this Lease.
16.0 ASSIGNMENT AND SUBLETTING:
16.1 Neither Tenant nor its successors or assigns shall transfer, assign,
mortgage or encumber this Lease, by operation of law or otherwise, or sublet or permit
the Demised Premises, or any part thereof, to be used by others, without the prior written
consent of Landlord in each instance.
16.1.1 If, without complying with the provisions of section 16.1 above, this
Lease is transferred or assigned by Tenant, or if the Demised Premises, or any
part thereof, are sublet or occupied by anybody other than Tenant, whether as a
result of any act or omission by Tenant, or by operation of law or otherwise,
Landlord, whether before or after the occurrence of an event of default, may, in
addition to, and not in diminution of or substitution for, any other rights and
remedies under this Lease or pursuant to law to which Landlord may be entitled as
a result thereof, collect rent from the transferee, assignee, subtenant or occupant
and apply the net amount collected to the basic rent and additional charges herein
reserved, but no such transfer, assignment, subletting, occupancy or collection
shall be deemed a waiver of the provisions of this section or the acceptance of the
transferee, assignee, subtenant, or occupant as Tenant, or a release of Tenant
from the further performance by Tenant of its obligations under this Lease.
17.0 STORAGE SPACE LEASE INTEGRATED WITH THIS LEASE: If, at any
time during the term of this Lease, the Tenant shall have entered into a Lease of storage
space in the basement of The Tower Building or other storage areas of the Building
Complex, said Storage Lease and this Lease are agreed to be so integrated that any
default of the Tenant in the payment of rents or other charges under the Storage Lease
will automatically constitute a default under the terms of this Lease, and any default of the
Tenant in the payment of rents or other charges under this Lease shall automatically
constitute a default under the terms of said Storage Lease. It is further understood and
agreed that in the event of the termination of this Lease, either by mutual agreement of
the parties, by expiration of the term or otherwise (whether voluntary or involuntary), the
Storage Lease shall automatically terminate as of the same date, but not the converse,
i.e termination of the Storage Lease will not effect an automatic termination of this Lease
of commercial office space.
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18.0 DEFAULTS, REMEDIES, DAMAGES, ADMINISTRATIVE HANDLING
CHARGES:
18.1 It is agreed that the full and prompt performance of the terms and
conditions of this Lease are of the essence. In the event the Tenant shall be in default in
the payment of rent for more than three (3) days following notice of default or in default of
any other term, covenant or condition of this Lease for more than ten (10) days following
notice of default, this Lease, at the option of Landlord, shall be forfeited, and in such
event it is expressly agreed that Landlord may enforce such forfeiture pursuant to the
Unlawful Detainer Statutes of the State of Washington and Tenant hereby waives all
defenses as to the non -applicability of such statues. It is further agreed that after service
of notice as above set forth, an additional condition to avoid forfeiture shall be payment by
the Tenant of Landlord's costs and expenses including attorneys fees not to exceed One
Hundred Twenty -Five dollars ($125.00) for the preparation and service of such notice.
18.2 No failure by Landlord to insist upon the strict performance of any
agreement, term, covenant or condition hereof or to exercise any right or remedy
consequent upon a breach thereof, and no acceptance of full or partial rent during the
continuance of any such breach, shall constitute a waiver of any such breach of such
agreement, term, covenant or condition. No agreement, term, covenant or condition
hereof to be performed or complied with by Tenant, and no breach thereof, shall be
waived, altered or modified except by written instrument executed by Landlord. No waiver
of any breach shall affect or alter this Lease, but each and every agreement, term,
covenant and condition hereof shall continue in full force and effect with respect to any
other then existing or subsequent breach thereof. Notwithstanding any unilateral
termination of this Lease, this Lease shall continue in force and effect as to any
provisions hereof which require observance or performance of Landlord or Tenant
subsequent to termination.
19.0 POSSESSION. In the event of the inability of Landlord to deliver
possession of the Demised Premises or any portion thereof at the time of the
commencement of the term of this Lease, neither Landlord nor Landlord's agent shall be
liable for any damage caused thereby, nor shall this Lease thereby become void or
voidable, nor shall the term herein specified be extended in any way, but in such event,
Tenant shall not be liable for any rent until such time as Landlord can deliver possession.
If the Tenant shall take possession of the Demised Premises prior to the commencement
date of this Lease, Landlord and Tenant agree to be bound by all of the provisions and
obligations hereunder during such prior period, including payment of rent as set forth
herein.
20.0 REMOVAL OF TENANT'S PROPERTY. All movable furniture and
personal effects of Tenant not removed from the Demised Premises within ten (10) days
after the vacation or abandonment thereof or upon the termination of this Lease for any
cause whatsoever shall conclusively be deemed to have been abandoned and may be
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appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice
to Tenant and without obligation to account therefor, and Tenant shall pay Landlord for all
expenses incurred in connection with the disposition of such property.
21.0 HOLDING OVER: Should Tenant, with Landlord's written consent, hold
over after the termination of this Lease, Tenant shall become a tenant from month to
month only upon each and all of the terms herein provided as may be applicable to such
month to month tenancy and any such holding over shall not constitute an extension of
this Lease. During such holding over, Tenant shall pay rent equal to one hundred twenty
percent (120%) of the last monthly rental rate and the other monetary charges as
provided herein. Such tenancy shall continue until terminated by Landlord or Tenant by a
written notice of its intention to terminate such tenancy given at least twenty (20) days
prior to the date of termination of such monthly tenancy.
22.0 SURRENDER AND NOTICE: Upon the expiration or earlier termination of
this Lease, Tenant shall promptly quit and surrender to Landlord the premises broom
clean, in good order and condition, ordinary wear and tear excepted, and Tenant shall
remove all of its movable furniture and other effects and such alterations, additions and
improvements as Landlord shall require Tenant to remove pursuant to section 9.2. In the
event Tenant fails to vacate the Demised Premises on a timely basis as required, Tenant
shall be responsible to Landlord for all costs incurred by Landlord as a result of such
failure, including, but not limited to, any amounts required to be paid to third parties who
were to have occupied the Demised Premises.
23.0 There is no Section 23 of this Lease.
24.0 There is no Section 24 of this Lease.
25.0 PAYMENTS AFTER TERMINATION No payments of money by Tenant to
Landlord after the termination of this Lease, in any manner, or after giving of any notice
(other than a demand for payment of money) by Landlord to Tenant, shall reinstate,
continue or extend the term of this Lease or affect any notice given to Tenant prior to the
payment of such money, it being agreed that after the service of notice of the
commencement of a suit or other final judgment granting Landlord possession of the
Demised Premises, Landlord may receive and collect any sums of rent due, or any other
sums of money due under the terms of this Lease or otherwise exercise its rights and
remedies hereunder. The payment of such sums of money, whether as rent or otherwise,
shall not waive said notice or in any manner affect any pending suit or judgment
theretofore obtained
26.0 AUTHORITIES FOR ACTION AND NOTICE
26.1 Except as herein otherwise provided, Landlord may act in any matter
provided for herein by its building manager or any other person who shall from time to
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time be designated in writing.
26.2 All notices or demands required or permitted to be given to Landlord
hereunder shall be in writing, and shall be deemed duly served when received, if hand
delivered, or five (5) calendar days after deposited in the United States mail, with proper
postage prepaid, certified or registered, return receipt requested, addressed to Landlord
at its principal office in the Building, or at the most recent address of which Landlord has
notified Tenant in writing. All notices or demands required to be given to Tenant
hereunder shall be in writing, and shall be deemed duly served when received if hand
delivered or within five (5) calendar days after deposited in the United States mail, with
proper postage prepaid, certified or registered, return receipt requested, addressed to
Tenant at its principal office in the Building. Either party shall have the right to designate
in writing served as above provided a different address to which notice is to be mailed.
27.0 SIGNAGE: No sign, advertisement or notice shall be inscribed, painted or
affixed on any part of the inside or outside of the Building unless of such color, size and
style and in such place upon or in the Building, as shall be first designated by Landlord,
but there shall be no obligation or duty on Landlord to allow any sign, advertisement or
notice to be inscribed, painted or affixed on any part of the inside or outside of the
Building A directory in a conspicuous place, with the names of Tenant, not to exceed two
names per 1,000 square feet of space contained in the Demised Premises, shall be
provided by Landlord. Any necessary revision to such directory shall be made by
Landlord at Tenant's expense, within a reasonable time after notice from Tenant of the
change making the revision necessary. Landlord shall have the right to remove all non -
permitted signs without notice to Tenant, and at the expense of Tenant.
28.0 NAME OF BUILDING PROJECT: Landlord presently refers to the Building
Complex as THE TOWER. Landlord hereby reserves the right, at any time and from time
to time, without notice to Tenant, to change the name of the Building Complex at
Landlord's sole discretion.
29.0 ADMITTANCE BY PASS -KEY: Landlord shall not be liable for the
consequence of admitting by pass -key or refusing to admit to the Demised Premises
Tenant or any of Tenant's agents, employees or other persons claiming the right of
admittance
30.0 LANDLORD MAY SHOW PREMISES: Landlord and Landlord's agents
shall have the right at reasonable hours to exhibit the Demised Premises to prospective
purchasers and prospective tenants.
31.0 WINDOWS Tenant shall not allow anything to be placed on the outside
window ledges of the Demised Premises. No awnings shall be attached to the outside of
any windows of the Demised Premises
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32.0 LIGHT AND AIR: This Lease does not grant any right of access to light, air,
or view over the property, and Landlord shall not be liable for any diminution of such light,
air or view by any adjacent structure.
33.0 NOTICES: All notices in this Lease provided to be given by either party
hereto to the other shall be deemed to have been given, when made in writing and
personally delivered to the offices of the Landlord at the address below or to the office of
the City Manager of the Tenant, at the address below, or when deposited in the United
States Mails, Certified or Registered Mail, Return Receipt Requested, postage prepaid,
and addressed as follows:
TO LANDLORD:
J. R. MORRIER, PRESIDENT
YAKIMA MALL SHOPPING CENTER CORPORATION
THE TOWER
402 E YAKIMA AVE STE 1400
YAKIMA WA 98901
TO TENANT:
CITY OF YAKIMA
129 N. 2nd STREET
YAKIMA, WA 98901
The address to which any notice, demand or other writing may be given, made or
sent to either party may be changed by written notice given by such party to the other as
above provided
34.0 MISCELLANEOUS:
34.1 Landlord may make and enforce regulations appropriate for
maintenance and management of the Building including but not limited to regulations for
order, cleanliness and security, but said regulations shall not be inconsistent with the
terms, covenants and conditions of this Lease. Landlord shall not be responsible to
Tenant for the non-performance by any other Tenant or occupant of said rules or
regulations
34.2 The term "Landlord", as used in this Lease, so far as covenants or
obligations on the part of Landlord are concerned, shall be limited to mean and include
only the owner or owners of the Building at the time in question, and in the event of any
transfer or transfers of the title thereto, Landlord herein named (and in the case of any
subsequent transfers or conveyances, the then grantor) shall be automatically released
from and after the date of such transfer or conveyance of all liability in respect to the
performance of any covenants or obligations on the part of Landlord contained in this
Lease thereafter to be performed and relating to events occurring thereafter; provided
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that any funds in the hands of Landlord or the then grantor at the time of such transfer in
which Tenant has an interest shall be turned over to the grantee, and any amount then
due and payable to Tenant by Landlord or the then grantor under any provisions of this
Lease shall be paid to Tenant.
34.3 This Lease shall be construed as though the covenants herein
between Landlord and Tenant are independent and not dependent, and Tenant shall not
be entitled to any set off of the rent or other amounts owing hereunder against Landlord, if
Landlord fails to perform its obligations set forth herein. The foregoing shall in no way
impair the right of Tenant to commence a separate action against Landlord for any
violation by Landlord of the provisions hereof so long as notice is first given to Landlord
and any holder of a mortgage or deed of trust covering the Building Complex or any
portion thereof of whose address Tenant has been notified in writing and an opportunity
granted to Landlord and such holder to correct such violation.
34.4 If any clause or provision of this Lease is illegal, invalid or
unenforceable under present or future laws effective during the term of this Lease, then
and in that event, it is the intention of the parties hereto that the remainder of this Lease
shall not be affected thereby, and it is also the intention of the parties to this Lease that in
lieu of each clause or provisions of this Lease that is illegal, invalid or unenforceable,
there shall be added as a part of the Lease a clause or provision as similar in terms to
such illegal, invalid or unenforceable clause or provision as may be possible and be legal,
valid and enforceable, provided such addition does not increase or decrease the
obligations of or derogate from the rights or powers of either Landlord or Tenant.
34.5 The captions of each section are added as a matter of convenience
only and shall be considered of no effect in the construction of any provision or provisions
of this Lease.
34.6 Except as herein specifically set forth, all terms, conditions and
covenants to be observed and performed by the parties hereto shall be applicable to and
binding upon their respective heirs, administrators, executors and assigns.
34.7 There is no Section 34.7 of this Lease
34.8 No act or thing done by Landlord or Landlord's agent during the term
hereof, including, but not limited to, any agreement to accept surrender of the Demised
Premises or to amend or modify this Lease, shall be deemed to be binding upon Landlord
unless such act or things shall be by an officer of Landlord or a party designated in writing
by Landlord as so authorized to act. The delivery of keys to Landlord, or Landlord's
agent, employees or officers shall not operate as a termination of this Lease or a
surrender of the premises No payment by Tenant, or receipt by Landlord, of a lesser
amount than the monthly rent herein stipulated, shall be deemed to be other than on
account of the earliest stipulated rent, nor shall any endorsement or statement on any
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check or any letter accompanying any such, or payment as rent, be deemed an accord
and satisfaction, and Landlord may accept such check or payment without prejudice to
Landlord's right to recover the balance of such rent or pursue any other remedy available
to Landlord.
34.9 Landlord shall have the right to construct other buildings or
improvements in any plaza, or other area designated by Landlord for use by tenants or to
change the location, character, or make alterations of, or additions to, any of said plazas,
or other areas.
34.10 Tenant acknowledges and agrees that it has not relied upon any
statements, representations, agreements or warranties except such as are expressed in
this Lease.
34.11 Time is of the essence hereof.
34.12 Tenant represents to Landlord that the party executing this Lease is
authorized to do so by requisite action of the Board of Directors, or partners, as the case
may be, and agree upon request to deliver to each other a resolution or similar document
to that effect.
35.0 GOVERNING LAW; ATTORNEYS'S FEES; VENUE: This Lease
Agreement shall be construed in accordance with the laws of the State of Washington. In
the event of any action arising hereunder, the prevailing party shall be granted its
attorney's fees and court costs. Venue for any such action shall be in the County of
Yakima.
36.0 ENTIRE AGREEMENT: This Lease, together with the exhibits attached
hereto, contains the entire agreement of the parties and may not be amended or modified
in any manner except by an instrument in writing signed by both parties
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease the day
and year first above written.
YAKIMA MALL SHOPPING CENTER
CORPORATION
B
-Joseph R. Morrier
Its President
0�---- By
LANDLORD
CITY OF YAKIMA
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' 6
enn Rice, Acting
Its City Manager
TENANT
a� Y I WTMct MQ ,2f /l V- 79
unmegrorta if- Rao 9-97
STATE OF WASHINGTON)
) ss.
COUNTY OF YAKIMA )
LANDLORD'S
ACKNOWLEDGMENT
I certify that I know or have satisfactory evidence that JOSEPH R. MORRIER
signed this instrument, on oath stated that he was authorized to execute the instrument,
and acknowledged it as the President of YAKIMA MALL SHOPPING CENTER
CORPORATION to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
DATED:94/„Eit
/4, ao64
as1E D R4'
o�\gS%ONF�A��®
NOTARY
cn , PUBLIC 0,
OpWAstk
STATE OF WASHINGTON)
) ss.
COUNTY OF YAKIMA )
Notary Public in ancYfor the State of
Washington, residing at Ogioato !.C/!'7
My appointment expires: jet agar
TENANT'S
ACKNOWLEDGMENT
I certify that I know or have satisfactory evidence that g/e,1r A21 c6 signed
this instrument, on oath stated that he/she was authorized to execute the instrument, and
acknowledged it as the A-c-rincj C.r Pv"16,.l of CITY OF YAKIMA to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED: 7 -
Nota ryf Public in and for the State of ,
Washington, residing at
My appointment expires: -i67--e�
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. J
For Meeting of: July 6, 2004
ITEM TITLE: A resolution authorizing the execution of a lease with the Yakima Mall
Shopping Center Corporation for temporary Capitol Theatre workspace.
SUBMITTED BY: Michael Morales, Economic and Community Affairs Specialist
CONTACT PERSON/TELEPHONE: Michael Morales, 575-3533
SUMMARY EXPLANATION:
The attached resolution authorizes and directs the City Manager to execute a lease with the Yakima
Mall Shopping Center Corporation for temporary workspace for the Capitol Theatre Committee.
This workspace is necessary while the Theatre is renovated.
Resolution X Ordinance _ Other (Specify) Contract X Mail to (name
and address):
Funding Source: CTED Grant
APPROVED FOR SUBMITTAL(.... ---—g-, City Manager
STAFF RECOMMENDATION: Adopt the resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2004-97.