HomeMy WebLinkAboutRF Properties, LLC - Lease Warehouse Space for Police Vehicles LEASE
THIS LEASE is made this 9th day of October, 2013, by and between and RF
PROPERTIES, LLC, a Washington limited liability company, hereinafter referred to as
"LESSOR," and the CITY OF YAKIMA, a municipal corporation of the State of
Washington, hereinafter referred to as "TENANT," on the following terms and
conditions:
1. Parties. The parties are as follows:
A. Lessor: RF Properties, LLC is a limited liability company duly formed and
existing under the laws of the State of Washington, with offices at Roche Fruit, Ltd., 601
North 1 Avenue, Yakima, Washington 98902.
B. Tenant: City of Yakima, a municipal corporation of the State of Washington,
with City Hall located at 129 North 2 Street, Yakima, Washington 98901. The Yakima
Police Department is a department of the city.
C. Purpose of Lease. TENANT, on behalf of the Yakima Police Department,
has acquired new police vehicles. Such vehicles must be outfitted with police vehicle
equipment such as light bars, on -board systems and similar equipment. TENANT will
receive shipment of police vehicles, and needs a suitable facility in which to store such
vehicles and install the additional equipment. LESSOR owns warehouse facilities
located at 315 North 3rd Avenue (North 3rd Avenue/West D Street), and has warehouse
space suitable for storage of TENANT's police vehicles described above, together with
installation of such equipment. TENANT and LESSOR understand that the warehouse
facilities referenced above and described below are currently listed for sale and /or lease
through LESSOR's realtor. The parties have determined that the property described in
Section 2 below is sufficient to provide a suitable staging and storage area for storage
of the new police vehicles, and installation of police equipment within such vehicles.
2. Property Leased. LESSOR hereby leases to TENANT space within LESSOR's
warehouse facilities upon the following described real property owned by Printing Press
Properties, LLC, within the City of Yakima, Washington, with street address of 315
North 3 Avenue, Yakima, Washington, legally described as follows:
Lots 9, 10 and 11 of Charlton Addition Plat, Section 24, Township 13 North,
Range 18 E.W.M; ALSO, Beginning 123 feet Easterly on the North line of said
Lot 9 Yakima, thence Westerly 123 feet, thence Southerly to the Southwest
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corner of Lot 16, thence Easterly to the Southeast corner, thence Northerly along
the East line 160 feet, thence Westerly at right angle 17 feet, thence Northerly to
Point of Beginning.
Situate in Yakima County, State of Washington
Yakima County Assessor's Parcel No. 181324 -11440
The parties will mutually designate space within such warehouse facilities to stage,
equip and store the police vehicles. Such designated space shall hereafter be referred
to as the "Leased Premises."
3. Term. The term of this Lease shall commence October 9, 2013 and continue
month to month thereafter through April 1, 2014, unless earlier terminated pursuant to
Section 5 below.
4. Rent. LESSOR and TENANT agree that no rental shall be charged by LESSOR
or payable by TENANT during the term of this Lease, and that the parties otherwise
each receive benefit and valuable consideration pursuant to this Lease.
5. Termination of Lease. This Lease may be terminated at any time by either
party upon delivery of thirty (30) days advance written notice of termination to the other
party. It is the intention and understanding of the parties that the term of this Lease
shall correspond to the term of work necessary to equip the new police vehicles as
described above. Upon conclusion of the police vehicle upgrades and installation of
equipment, this Lease shall terminate on a date agreed by the parties, which date shall
be determined sufficient to allow TENANT to remove all its equipment, business fixtures
and property from the Leased Premises, shall restore such premises to its original
condition (normal wear and tear excepted), and shall return all keys and premises alarm
codes to LESSOR.
6. Use of Premises. The Leased Premises shall be used by TENANT for the
purpose of storing newly acquired police vehicles pending installation of police vehicle
equipment; for installation of such equipment and vehicle upgrades to enable such
vehicles to be introduced into the Yakima Police Department's vehicle fleet for use in
law enforcement activities; and for storage of TENANT "s equipment and parts,
associated assembly and distribution, staging of TENANT "s employees and vehicles,
and other purposes related to TENANT "s performance of such vehicle storage and
installation of police vehicle equipment. The storage of flammable materials is
prohibited, except for fuel contained within the police vehicle gasoline tanks and
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incidental flammable materials necessary for the efficient performance of TENANT "S
work installation work. Any such flammable materials shall be stored in a manner
compliant with applicable provisions of building and fire codes. TENANT shall also
have right of ingress and egress during the term of this Lease to the Leased Premises
along and upon access routes to and from the Leased Premises to Longfibre Road.
7. Insurance. TENANT shall, during the entire term of the Lease, maintain in full
force and effect a policy or policies of public liability or property damage insurance with
respect to the leased premises, sidewalks and business operated by TENANT and any
subtenant of TENANT in the leased premises. The limits of said policy shall not be less
than $1,000,000.00 per occurrence and $2,000,000.00 aggregate as respects public
liability, and property damage liability shall not be less than $100,000.00. The Policy
shall name the LESSOR, together with its agents and employees, as an additional
named insured, and shall contain a clause that the insurer will not cancel or change the
insurance without first giving LESSOR twenty (20) days prior written notice. The
insurance shall be issued by a responsible insurance company or companies chosen by
TENANT, and shall be licensed to do business in the State of Washington.
It is understood between the parties that the procurement of customary fire /property
insurance on the structure and improvements is the sole responsibility of LESSOR.
8. Operating Expenses — Utilities. TENANT shall reimburse LESSOR for costs of
water, sewer and power arising from and attributed to TENANT's use and occupation of
the Lease Premises. It is the intention of the parties and they hereby agree that this
obligation to reimburse shall be limited to costs incurred by LESSOR for provision of
such utility services that are directly attributed to TENANT's use and occupation of the
Leased Premises. The parties shall cooperate to individually meter TENANT's utility
usage if deemed practicable and appropriate. If such individual metering is not
practicable or appropriate, the portion of such utility bills that exceeds the normal
amount of utility costs for the Leased Premises, for a comparable period during which
the premises were unused or unoccupied, shall be presumed to be the amount of
reimbursement to be paid by TENANT, subject to proration as necessary or appropriate
to correspond to the actual square footage of the Lease Premises as compared to the
square footage of LESSOR's entire warehouse facility. LESSOR shall timely provide
TENANT with copies of all applicable utility bills and shall denote the requested amount
of reimbursement. LESSOR shall provide supporting documentation deemed necessary
or appropriate by TENANT to support such request. TENANT shall thereafter process
payment of reimbursement in accordance with its invoice payment procedures.
9. Care of Property. TENANT agrees that it has inspected the premises and
knows the condition thereof, and the same are now in good condition, and it agrees and
warrants that it will at all times keep the same in as good, clean, and satisfactory
condition as the premises are now in, or the condition to which they may be improved,
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and upon termination of this Lease, it will return the same to LESSOR in as good a
condition as the same are now in, or the condition to which they may be improved, less
reasonable wear and tear thereof by ordinary use. TENANT further warrants and
agrees that it will not commit any waste on said premises nor damage same, nor permit
waste or damage by others. It is recognized that TENANT may make certain
improvements to the property, with prior written approval of LESSOR, and any such
improvements made to the leased property shall remain thereon, and LESSOR shall
own all such improvements upon the termination or other expiration of this Lease.
10. Assignment — Subletting. TENANT shall have the right to assign or sublease
the Leased Premises but only after receiving the LESSOR'S prior written consent. In
the event that TENANT assigns or subleases the Leased Premises pursuant to this
section, TENANT shall remain primarily liable for performance of the covenants
contained in this Lease.
11. Inspection. LESSOR shall have the right, at all times, to enter upon the Leased
Premises at reasonable times for the purposes of inspecting the Leased Premises.
TENANT hereby grants to the LESSOR an irrevocable license and right of access, by
LESSOR's agents and employees, through, over, and across the Leased Premises for
such purposes.
12. Forfeiture. Time is of the essence of this Lease. In the event TENANT fails to
pay any installment of utility reimbursement or fails to comply with any other covenant,
term or condition of this Lease, the LESSOR may, in addition to any other remedy
authorized by law, forfeit this Lease; PROVIDED, however, the LESSOR shall give the
TENANT written notice specifying the breach claimed and give the TENANT:
(i) Three (3) days to remedy the breach if it involves failure to pay any
installment of utility reimbursement or portion thereof, or vacate the property; or
(ii) Three (3) days to quit the property if the breach involves the committing or
permitting of waste upon the property, setting up or carrying on any unlawful
business on the property, or erecting, suffering, permitting or maintaining any
nuisance on the property; or
(iii) Ten (10) days to remedy the breach if it involves failure or neglect of
TENANT to keep or perform any other covenant, term or condition of the Lease.
13. Indemnification of Lessor. TENANT shall protect, defend, indemnify, and
hold LESSOR harmless from and against any and all claims, demands, damages,
losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and costs and
expenses (including attorneys' fees and disbursements), which accrue to or are incurred
by LESSOR and arise directly or indirectly from or out of, related to, or in any way
connected with (1) any activities on the Leased Premises during TENANT's possession
or use of the property which directly or indirectly result in the property or any other
property becoming contaminated with hazardous substances or wastes, (2) the
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presence, discovery, or cleanup of any hazardous substances released or existing on or
under the leased property at any time during the TENANT's possession or use of the
property, and (3) any third -party claims resulting from TENANT's use or occupancy of
the Leased Premises, or any acts or omissions of TENANT in connection therewith.
When used in this Lease, the term "hazardous substance" shall be defined to mean any
substance or material defined or designated as hazardous or toxic waste, hazardous or
toxic material, a hazardous, toxic or radioactive substance, or other similar term, by the
federal, state, or local environmental statute, regulation, or ordinance presently in effect
or that may be promulgated in the future, as such statutes, regulations, and ordinances
may be amended from time to time, including but not limited to, the federal Resource
Conservation Recovery Act of 1976, 42 U.S.C. Section 6901 et seq., the Federal
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42
U.S.C. Section 9601 et seq., the Federal Toxics Substances Control Act, 15 U.S.C.
Section 2601 et seq., the Washington Solid Waste Management- Recover and Recycling
Act, Chapter 70.95 RCW, and the Washington Model Toxics Control Act, Chapter
70.105D RCW.
14. Effect. This Lease, and all the terms, conditions and covenants thereof, shall
inure to the benefit of LESSOR, its successors and assigns, and shall run and be
binding upon TENANT, its successors and assigns.
15. Interpretation. The paragraph headings used herein are for identification
purposes only, and shall not be construed as modifying or limiting the actual language
and content of the paragraphs or sections themselves.
16. Attorney Fees — Venue. In the event of any litigation arising out of this Lease,
the prevailing party shall be entitled to a reasonable attorney fee, and venue for any
claim shall lie in Yakima County, Washington.
17. Operational Contact Person. For purposes of day -to -day operations and
communication regarding the TENANT's use and occupation of the Leased Premises,
TENANT shall designate an Operational Contact Person. This person shall retain
control of all keys and alarm codes for the Leased Premises. At the initiation of this
Lease, TENANT designates the following person as Operational Contact Person:
Jim Yates, YPD Canine Officer
Address: City of Yakima Police Department
200 South 3 Street
Yakima, Washington 98901
Phone: (509) 575 -6200
FAX: (509) 575 -6007
18. Official Notices. All notices to be given by the parties are to be in writing and
may be either served personally or may be deposited in the United States Mail, postage
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prepaid, either registered or certified mail, with certificate of mailing obtained, and shall
be given to the last known address of the party to whom the notice is addressed. The
effective date of the giving of the notice, or the day from which any time period shall run,
shall be the day notice is deposited in the United States Mail, or the date notice is
personally served. The parties have designated the following persons as persons
entitled to receive notice hereunder:
For TENANT: For LESSOR:
City Manager ,Michael Roche, Manager
City of Yakima RF properties, LLC
129 North 2 Street 601 North 1 Avenue
Yakima, Washington 98901 Yakima, Washington 98902
19. Entire Agreement. This lease agreement constitutes the entire agreement of the
parties regarding the Leased Premises and the parties' rights and obligations pertaining
to the lease of such premises. This lease agreement shall not be modified or amended
except in writing signed by both parties.
20. Effective Date — Date of Occupancy. This Lease shall be effective on the date
first referenced above, and TENANT shall be entitled to occupy the premises
commencing (0 ` , 2013.
TENANT — CITY OF YAKIMA LESSOR — RF PROPERTIES, LLC
O
B r/ By: / 11- ' 7L1 -- L.
• '4'Rol , Thy Manager Michael Roche, Manager
ATTEST:
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CITY CONTRACT NO.
RESOLUTION NO:
6
ATTESTATION
STATE OF WASHINGTON )
) ss.
County of Yakima )
This is to certify that on this day personally appeared before me Michael Roche,
personally known to me to be the authorized manager of RF PROPERTIES, LLC, 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.
GIVEN UNDER my hand and official seal this y day of jf;,— , 2013.
NOTARY P in Arid for
the State of (AAA,
Residing
My commission expires: - -I
STATE OF WASHINGTON )
) ss.
County of Yakima )
This is to certify that on this day personally appeared before me TONY O'ROURKE,
personally known to me to be the City Manager of the CITY OF YAKIMA, 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.
ha nd and official seal this day my %
GIVEN UNDER m da of 4/10 , 2013.
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9 : M ch 0,4,' = the State of Washington, for
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FIRST AMENDMENT TO LEASE
This is the FIRST AMENDMENT to the LEASE that was effective on the 9th day of
October, 2013, by and between and RF PROPERTIES, LLC, a Washington limited
liability company, hereinafter referred to as "LESSOR," and the CITY OF YAKIMA, a
municipal corporation of the State of Washington, hereinafter referred to as "TENANT ".
WITNESSETH:
WHEREAS, the parties hereto executed the Lease on October 9, 2013 on a month to
month term that was to end on April 1, 2014; and
WHEREAS, the parties now find that they wish to continue the lease relationship in
effect on a month to month basis that would apply retroactively from April 1, 2014
through December 31, 2014; and
WHEREAS, all other terms and conditions of the underlying Lease shall continue in full
force and effect during the Term of the retroactively extended Lease;
NOW, THEREFORE, in consideration of the mutual promises contained herein and the
benefit to be derived by each party, the parties agree that Section 3 of the Lease is
retroactively amended as follows:
3. Term. The term of this Lease shall commence October 9, 2013 and continue
month to month thereafter through December 31, 2014, unless earlier terminated
pursuant to Section 5 below.
All other terms and conditions set forth in the underling Lease shall remain in full force
and effect throughout the term of this FIRST AMENDMENT TO LEASE.
TENANT — CITY OF Y LESSOR — RF PROPERTIES, LLC
B .I A By:
ony 0' ke, City Manager Michael Roche, Manager
ATTEST: qq
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CITY CONTRAC r NO: - 3-16 I
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RESOLUTION NO: / //�
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'S1-111,16
ATTESTATION
STATE OF WASHINGTON )
ss.
County of Yakima )
This is to certify that on this day personally appeared before me Michael Roche,
personally known to me to be the authorized manager of RF PROPERTIES, LLC, 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.
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GIVEN UNDER my hand and official seal this 3 day of J k , 2013.
ootioistroo,_ tvtatio 4 / 14
� 'r•A'S NOTARY PUBLIC in and for
.t the State of (,)ks � 1 k
= Residing at yak,' 1J /1
WOW �.� My commission expires: t o -i6 -Leo
. 0 Wfik4t.
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STATE OF WASHINGTON )
ss.
County of Yakima )
This is to certify that on this day personally appeared before me TONY O'ROURKE,
personally known to me to be the City Manager of the CITY OF YAKIMA, 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.
GIVEN UNDER my hand and official seal this 30 - day of TA Az- , 2013
aip/Le
4 KAARRE ALLYN NOTA Y PUBLIC in and for
Notary Public the State of Washington,
6 State of Washington Residing at d // fir
My Commission Expires
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April 11, 2016 My commission pires: SO •