HomeMy WebLinkAboutYakima Roche Fruit, LTD. - Warehouse Lease AgreementWAREHOUSE LEASE AGREEMENT
BETWEEN
CITY OF YAKIMA AND ROCHE FRUIT, LTD.
This Commercial Lease Agreement ("Lease")is entered into between Roche Fruit, Ltd.
("L8nd|ord').and the City DfYakima ('7eO8DY).
BASIC LEASE PROVISIONS
Premises: Commercial Warehouse 2tthe address below, including the use ofone bathroom and
one office
Address: S01.9O3.and 9O9yJ. 1stAve, Yakima, VVA989D2
Tenant's Building Percentage: Approximately 2/3. or2O'OOO sq. ft.
Base Rent: $4000per month, inclusive ofall taxes, power, and basic utilities.
Lease Period: December 1.2O21through May 31.2O22.
Address for Notices:
Landlord: 8O1 N.1mAve, Yakima, VVA9OQO2
Tenant: 200 S. 31 Street, }'okinna. WA 98901. Attn: Lt. Ira Cavin
In consideration of the mutual promises herein contained and other good and valuable
consideration, the receipt of which is hereby acknowledged, each of the parties intending to be
legally bound hereby, agrees aefollows:
1. Grant of Lease. Landlord hereby leases to Tenant the Premises and the Building and
improvements situated thereon, UpOD and subject to the tS[[nS. COveO8D1S and conditions
contained inthis Lease tobeperformed byeach party.
2. Delivery of Possession. Tenant is already in possession of the Premises.
3.Lease Term.
3.1. Term. The Term shall be the period of six months, commencing on the Commencement
Date and ending at midnight on the last day of such period, unless the Term is extended or
sooner terminated upon agreement ofthe parties.
3.2. Commencement Date. Commencement Date shall beDecember 1.2021.
4.Rent.
4.1.Monthly Rent. Tenant shall pay toLandlord monthly rent Of$4DOO.due inadvance Dfthe
first day of each calendar month during the lease term, except for the month of December 2021,
which shall bedue within 1Obusiness days ofthe date oflast signature of this Lease.
5. Property Taxes. Landlord shall beresponsible for all property taxes.
6.1. Permitted Use. Tenant shall use the property for the storage, commission, and
decommission of Yakima Police Department vehicles, and all activities incidental to the same.
7. Repairs and Maintenance
7.1. Tenant's Obligations. Tenant will, at Tenant's sole expense, keep the Premises in good,
clean and sanitary condition during the term of this Lease and any renewal.
7.2. Landlord's obligation. Landlord shall maintain and repair property of normal wear and tear
and damage by accidental fire or other casualty not occurring through the negligence of the
Tenant or those employed by or acting for the Tenant.
8. Alterations and Improvements.
8.1. Prior Consent. Tenant shall not make any alterations, additions or improvements to the
demised Premises without the prior written consent of Landlord, which consent shall not be
unreasonably withheld.
8.2. Manner of Construction. All alterations, additions or improvements by Tenant shall be
performed in a good and workmanlike manner, in compliance with all government laws,
ordinances, rules and regulations
8.3. Landlord's Property. All additions, alterations and improvements made to the Premises
shall become the property of Landlord and be surrendered with the Premises upon the
expiration of the Term.
9. Utilities.
9.1. Landlord's Payment. Landlord shall pay all charges for water, sewer, gas, electricity, and
other basic utilities used by Tenant on the leased Property during the term of this Lease.
10. Building Rules. Landlord shall not impose any building rules which unreasonably interfere
with the conduct of Tenant's business operations. Tenant will comply with the rules of the
Building adopted and altered by Landlord and delivered to Tenant by Landlord from time to time
and will cause all of its agents, employees, invitees and visitors to do so; all changes to such
rules will be sent by Landlord to Tenant in writing.
11. Covenant and Conditions
11.1. Compliance with Laws. The Tenant shall at all times for the duration of the Lease Period
observe and comply with all applicable laws, statuary, municipal, other by-laws and regulations.
11.2. Quiet Enjoyment. Landlord covenants and warrants that upon performance by Tenant of
its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable
and undisturbed and uninterrupted possession of the leased Property during the term of this
Lease.
11.3. Environmental Matters. Tenant shall not keep on the Premises any item of a dangerous,
flammable or explosive character that might unreasonably increase the danger of fire or
explosion on the Premises or that might be considered hazardous or extra hazardous by any
responsible insurance company. This provision shall not prohibit the possession of service
weapons by Yakima Police Department officers.
12. Entry. Landlord shall have the right to enter upon the leased Property at reasonable hours
to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's
business on the leased Property.
13. Insurance.
13.1. Tenant Insurance. Tenant maintains commercial property insurance with Affiliated FM
Insurance Company with a policy limit amount of $100,000,000. Tenant maintains general
commercial liability insurance with Safety National Insurance with a per occurrence limit of
$2,000,000 and a $4,000,000 aggregate limit. Tenant agrees to maintain insurance with
minimum limits in the stated amounts for the duration of the Lease.
13.2. Landlord's Insurance. Landlord agrees to maintain and provide the City with a certificate
of insurance and additional insured endorsement as proof of commercial liability insurance with
a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single
limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general
aggregate. This insurance requirement can be satisfied with a combination of commercial
general liability insurance and excess or umbrella liability insurance coverage. If Lessee carries
higher coverage limits, such limits shall be shown on the Certificate of Insurance and
Endorsements. The certificate shall clearly state who the provider is, the coverage amount, the
policy number, and when the policy and provisions provided are in effect. Said policy shall be in
effect for the duration of this Lease. The policy and additional insured endorsement shall name
the City of Yakima and its elected and appointed officials, officers, agents, employees, and
volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or
change the insurance without first giving the City thirty calendar days prior written notice. The
insurance shall be with an insurance company or companies rated A VII or higher in Best's
Guide and admitted in the State of Washington.
14. Damage and Destruction.
14.1. Total Destruction. If at any time during the term hereof there is damage, whether or not
an Insured Loss (including destruction required by any authorized public authority), this Lease
shall automatically terminate as of the date of such damage.
14.2. Partial Destruction- Insured Loss - In the event of a partial destruction of the premises,
Tenant may elect to terminate the Lease early and shall be entitled to a prorated refund of any
lease payment already remitted to Landlord.
15. Event of Default. It shall be an event of default under this lease if.
15.1. Tenant's Default. A default under this Lease by Tenant shall exist if any of the following
events shall occur (as applicable, a Default).
(a) Payment. If Tenant fails to pay Rent or any other sum required to be paid within five days
after the date of Tenant s receipt of written notice from Landlord that such amount was not
received when due; or
(b) Performance. If Tenant fails to comply with any of the material provisions of this Agreement,
other than the covenant to pay rent, or of any present rules and regulations or any that may be
hereafter prescribed by Landlord, or
15.2. Landlord's Default.
Landlord shall be in default if Landlord fails to perform any of its obligations and non-
performance continues beyond five days after notice by Tenant.
16. Condemnation. If any legally constituted authority condemns the Building or such part
which shall make the leased Property unsuitable for leasing then
16.1. this Lease shall cease when the public authority takes possession.
16.2. the Landlord and Tenant shall account for rental as of that date.
16.3. such termination shall be without prejudice to the rights of Landlord to recover
compensation from the condemning authority for any loss or damage caused by the
condemnation.
16.4. only Landlord shall have the right to pursue any claim against a condemning authority for
damages to or taking of the Property.
17. Indemnity. Tenant shall indemnify and hold harmless Landlord for any and all demands,
liabilities and expenses arising from or relating to loss or damage to all property of the City or
injuries to City employees or invitees occurring within the Premises, except to any extent said
injury, loss, or damage is the result of the negligence or intentional acts of Landlord.
Landlord shall indemnify Tenant from and against any and all demands, liabilities and expenses
for or relating to injuries to persons or damage to the Premises except to any extent said loss or
damage is the result of the negligence or intentional acts of Tenant.
The duties to indemnify contemplated herein include the duty to pay all reasonable and
necessary attorneys' fees and costs incurred by the indemnitee in connection with any such
proceedings and shall survive the termination of the Lease.
18. Surrender of Premises. Upon the expiration or other termination of the term of this Lease,
Tenant shall quit and surrender the Demised Premises in good order and condition, and shall
remove all its property therefrom, except as otherwise provided in this Lease. Tenant's
obligation to observe or perform this covenant shall survive the expiration or other termination of
the term of this Lease.
19.1. Waiver. The waiver by either party of any breach of any term, covenant or condition of this
Lease shall not be deemed to be a waiver of such provision or any subsequent breach of the
same or any other term, covenant or condition of this Lease.
19.2. Successors. The provisions of this Lease shall extend to and be binding upon Landlord
and Tenant and their respective legal representatives, successors and assigns.
19.3. Entire Agreement. This Agreement terminates and supersedes aU priorunderatondings
or agreements on the subject matter hereof. This Agreement may be modified only by a further
writing that ieduly executed byboth parties.
19.4. Governing Law and Venue. This Contract shall begoverned bvand construed in
accordance with the laws 0fthe State OfWashington. The venue for any action k}enforce Or
interpret this Contract shall lie in the Superior Court of Washington for Yakima County,
Washington.
19.5. Severabillity. A determination by a court of competent jurisdiction that any provisionOfthis
Lease is invalid or UDeAfD[C8@b|e will not invalidate the remainder of that provision Or any other
provision of this Lease, which will remain in full force and effect.
19.6. Binding Effect. The terms, provisions and covenants and conditions contained in this
Lease oh@U apply to, inure tQthe benefit of, and be binding upoO, the parties hereto and upon
their respective heirs, legal repraeentaUvae, successors and permitted onoiQno.
19.7. Amendments. This Lease may be modified only in writing, signed by the Parties in
interest at the time of the modification.
19.8. Counterparts. This Lease may be executed in multiple counterparts, each of which shall
constitute an original instrument, but all of which shall constitute one and the same agreement.
19.S.Time mf the Essence. Time ioofthe essence inthe performance ofall the covenants,
conditions and agreements contained in this Lease.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their respective authorized officers or representatives as of the day and year below.
City of Yakima
Bob Harrison, City Manager
AtteG
Contract Nu
Name and Title:
"Wl"AM