HomeMy WebLinkAbout08/01/2022 06.E. Resolution authorizing a Commercial Lease with McCurley Fruitvale Property, LLC to lease the property located at 506 Fruitvale Boulevard, Yakima, Washington Y�'1114'+
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.E.
For Meeting of:August 1, 2022
ITEM TITLE: Resolution authorizing a Commercial Lease with McCurley
Fruitvale Property, LLC to lease the property located at 506
Fruitvale Boulevard, Yakima, Washington
SUBMITTED BY: Sara Watkins, City Attorney
SUMMARY EXPLANATION:
The City is finalizing the purchase of property for future space for bus storage, maintenance, and
enhancement of services and infrastructure at 506 Fruitvale Boulevard. As part of the
negotiations, McCurley Fruitvale Property, LLC will lease the property from the City for a
minimum of 24 months and pay rent in the amount of$33,975.00 per month to the City for the
lease of the property. This is part of the Purchase and Sale negotiations and agreement for the
purchase of the property, and also helps provide funding to the City during the planning of
improvements.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: NA
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description Upload Date Type
0 resolution 7/27/2022 Corer Memo
❑ McCurley Lease Agreement 7/20/2022 Contract
2
RESOLUTION NO. R-2022-
A RESOLUTION authorizing a Commercial Lease between McCurley Fruitvale Property,
LLC and the City of Yakima to lease the property located at 506 Fruitvale
Boulevard, Yakima, Washington.
WHEREAS, the City is purchasing the property at 506 Fruitvale Boulevard from McCurley
Fruitvale Property, LLC; and
WHEREAS, part of the negotiation of the purchase and sale agreement is the option for
McCurley Fruitvale Property to lease back the property from the City for a minimum of 24 months
at a monthly rental amount of$33,975.00 per month with an annual base rent increase; and
WHEREAS, the Transit Division will need at least 24 months to prepare for and plan
improvements to the property so leasing it back to McCurley provides that time as well as income
to the City; and
WHEREAS, the Lease Agreement will be signed at the time of closing of the sale, and
thus is contingent on the sale of the property; and
WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and
its residents to authorize and enter into the Commercial Lease Agreement for the property located
at 506 Fruitvale Boulevard; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Commercial Lease Agreement
between McCurley Fruitvale Property, LLC and the City of Yakima, contingent upon, and at the
time of closing of the sale of the property from McCurley Fruitvale Property, LLC to the City of
Yakima, for the lease of the property at 506 Fruitvale Boulevard, Yakima, Washington, pursuant
to the terms and conditions outlined therein.
ADOPTED BY THE CITY COUNCIL this 1 n day of August, 2022.
Janice Deccio, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
Commercial •Brokers sociatian
LEASE AGREEMENT ALL RIGHTS�E vE.
S�N CBA Form ST_LS Single Tenant Gross Lease
R ETTER B.COMPANY [Single Tenant- Gross Lease]
Rev.9/2020i
Page i,24
THIS LEASE AGREEMENT(the "Lease") is entered into and effective as of this 20th day of July ,
2022 , between, City of Yakima a(n) Public Entity("Landlord"), and McCurley Fruitvale Property,
a(n) LLC("Tenant"). Landlord and Tenant agree as follows:
1. LEASE SUM MARY-
a. Leased Premises.The leased commercial real estate ( "Premises") consists of the real
property legally described on the attached Exhibit A, including all improvements
thereon, and commonly described as 506 W. Fruitvale,Yakima,WA [address).
b- Lease Commencement Date.The term of this Lease shall commence upon (check one):
Substantial completion of(choose one)_Landlord's Work, or_Tenant's Work, as
further described in the attached Exhibit B ("Work Letter"), but in no event later than
,20 -
X September 7,2022 (the "Commencement Date").
c. Lease Termination Date-The term of this Lease shall terminate at midnight on the last
day of the 36th full month following the Commencement Date, or such earlier or later
date as otherwise provided in Section 3 (the "Termination Date").Tenant shall have no
right or option to extend this Lease, unless otherwise set forth in a rider attached to this
Lease (e.g., Option to Extend Rider, CBA Form OR).
d. Base Rent- The monthly base rent shall be (check one): $_, or X according to the
Rent Rider attached hereto ("Base Rent"). Rent shall be payable by wire transfer or at
Landlord's address shown in Section 1(h) below, or such other place designated in
writing by Landlord.
e. Prepaid Rent. Upon execution of this Lease,Tenant shall deliver to Landlord the sum of
$33,975 as prepaid Rent, to be applied to Rent due for the first month of the Lease.
f. Security Deposit. Upon execution of this Lease,Tenant shall deliver to Landlord the sum
of$0 to be held as a security deposit pursuant to Section 5 below. The security deposit
shall be in the form of(check one):_cash,_check or wire transfer, or letter of credit
according to the Letter of Credit Rider[CBA Form LCR) attached hereto.
g. Permitted Use- The Premises shall be used only for Auto Dealership and Related Uses,
subject to applicable zoning and other laws,and for no other purpose without the prior
written consent of Landlord (the "Permitted Use").
h. Notice and Payment Addresses.
Landlord: City of Yakima
Yakima,WA 98901
Phone No.:
Email:
Tenant: Mason McCurley
PO Box 2698
Pasco,WA 99302
Phone No.: 509.544-6450
Email: mason.mccurley.net
2- PREM ISES-
a. Lease of Premises_ Landlord leases to Tenant, and Tenant leases from Landlord the
Premises upon the terms specified in this Lease.
b. Acceptance of Premises_ Except as specified elsewhere in this Lease, Landlord makes
no representations or warranties to Tenant regarding the Premises, including the
structural condition of the Premises or the condition of all mechanical, electrical, and
other systems on the Premises. Except for any tenant improvements to be completed by
Landlord as described in the Work Letter attached as Exhibit B ("Landlord's Work"),
Tenant shall accept the Premises and its improvements in their respective AS-1S,
WHERE-IS condition, and shall further be responsible for performing any work necessary
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to bring the Premises into a condition satisfactory to Tenant. By signing this Lease,
Tenant acknowledges that it has had adequate opportunity to investigate the Premises;
acknowledges responsibility for making any corrections, alterations and repairs to the
Premises (other than Landlord's Work); and acknowledges that the time needed to
complete any such items shall not delay the Commencement Date.
c. Tenant Improvements. The Work Letter attached as Exhibit B sets forth all of Landlord's
Work, if any, and all tenant improvements to be completed by Tenant ("Tenant's Work"),
if any, that will be performed on the Premises. Responsibility for design, payment and
performance of all such work shall be as set forth in the Work Letter.
3. TERM.The term of this Lease shall commence on the Commencement Date and shall end on
the Termination Date, subject to any option to extend the term of this Lease set forth in a rider
attached hereto (the "Term")_
a. Early Possession.Tenant shall have reasonable access to the Premises during the 0
days (D days if not filled in) preceding the Commencement Date for the sole purpose of
installing Tenant's furniture,telecommunications, fixtures,telephone systems and
computer cabling and the performance of Tenant's Work, if any_ Such access shall be
fully coordinated with Landlord in advance and Tenant shall not interfere with Landlord's
Work.All of the terms and conditions of this Lease, including Tenant's insurance and
indemnification obligations, shall apply during such time, except for payment of Base
Rent. If Landlord permits Tenant to possess and occupy the Premises prior to the
Commencement Date specified in Section 1,then such early occupancy shall not
advance or change the Commencement Date or the Termination Date set forth in
Section 1.
b. Delayed Possession. Landlord shall act diligently to make the Premises available to
Tenant; provided, however, neither Landlord nor any agent or employee of Landlord
shall be liable for any damage or loss due to Landlord's inability or failure to deliver
possession of the Premises to Tenant as provided in this Lease. If possession is delayed,
the Commencement Date set forth in Section 1 shall also be delayed_ If Landlord does
not deliver possession of the Premises to Tenant within days (60 days if not filled in)
after the Commencement Date specified in Section 1 (check one): Tenant may elect to
cancel this Lease by giving written notice to Landlord no later than days (10 days if not
filled in) after such time period ends, or_then all Base Rent and Additional Rent
(defined below) shall be abated for each one (1) day after the Commencement Date
during which possession of the Premises has not been delivered to Tenant. if Tenant
gives such notice of cancellation, as Tenant's sole and exclusive remedy,the Lease shall
be cancelled, all prepaid Rent and security deposits shall be refunded to Tenant, and
neither Landlord nor Tenant shall have any further obligations to the other.
Notwithstanding anything in this Paragraph 3(b)to the contrary,to the extent that any
portions of the Landlord's Work or Tenant's Work have not been sufficiently completed
in time for the Tenant to occupy or take possession of the Premises on the
Commencement Date due to the failure of Tenant to fulfill any of its obligations under
this Lease ("Tenant Delays"),the Lease Term and Tenant's obligation to pay Base Rent
and Additional Rent shall nevertheless commence on the Commencement Date set
forth in Section 1, or upon the date that the Commencement Date would have occurred
but for the Tenant Delays.The first "Lease Year"shall commence on the
Commencement Date and shall end on the date which is twelve (12) months from the
end of the month in which the Commencement Date occurs. Each successive Lease Year
during the Term shall be twelve (12) months, commencing on the first day following the
end of the preceding Lease Year.
4. RENT.
a. Payment of Rent.Tenant shall pay Landlord without notice, demand, deduction, or
offset, in lawful money of the United States, the base monthly rental stated in Section 1
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above in advance on or before the eighth day of each month during the Term beginning
on [check one): X the Commencement Date, or_ [if no date
specified,then on the Commencement Date), and shall also pay any other additional
payments due to Landlord ("Additional Rent"and together with Base Rent,the "Rent")
when required under this Lease_ Payments for any partial month during the Term shall
be prorated.All payments due to Landlord under this Lease, including late fees and
interest, shall also constitute Additional Rent, and upon Tenant's failure to pay any such
costs, charges or expenses, Landlord shall have the same rights and remedies as
otherwise provided in this Lease for the failure of Tenant to pay Rent.
b. Late Charges; Default Interest. if any sums payable by Tenant to Landlord under this
Lease are not received within five [5) business days after their due date,Tenant shall pay
Landlord an amount equal to the greater of$100 or 5c.of the delinquent amount for the
cost of collecting and handling such late payment in addition to the amount due and as
Additional Rent.All delinquent sums payable by Tenant to Landlord and not paid within
five [5) business days after their due date shall, at Landlord's option, bear interest at the
rate of 15, per annum, or the highest rate of interest allowable by law,whichever is less
[the "Default Rate"). Interest on all delinquent amounts shall be calculated from the
original due date to the date of payment.
c. Less Than Full Payment. Landlord's acceptance of less than the full amount of any
payment due from Tenant shall not be deemed an accord and satisfaction or
compromise of such payment unless Landlord specifically consents in writing to
payment of such lesser sum as an accord and satisfaction or compromise of the amount
which Landlord claims.Any portion that remains to be paid by Tenant shall be subject to
the late charges and default interest provisions of this Section.
5. SECURITY DEPOSIT. Upon execution of this Lease,Tenant shall deliver to Landlord the security
deposit specified in Section 1 above. Landlord's obligations with respect to the security deposit
are those of a debtor and not of a trustee,and Landlord may commingle the security deposit
with its other funds. If Tenant defaults in the performance of any covenant or condition of this
Lease, Landlord shall have the right, but not the obligation,to use or retain all or any portion of
the security deposit for the payment of; [i] Base Rent,Additional Rent, or any other sum as to
which Tenant is in default; or[ii)the amount Landlord spends or may become obligated to
spend, or to compensate Landlord for any losses incurred by reason of Tenant's default.Tenant
acknowledges, however, that the security deposit shall not be considered as a measure of
Tenant's damages in case of default by Tenant, and any payment to Landlord from the security
deposit shall not be construed as a payment of liquidated damages for Tenant's default. If at
any time during the Lease the security deposited delivered by Tenant becomes insufficient to
cover the amounts required under this Section 5,whether or not due to Landlord's application
of all or a portion of the security deposit as contemplated by this Section,Tenant shall,within
five [5) days after written demand therefor by Landlord, deposit with Landlord an amount
sufficient to replenish the security deposit to the amount required in Section 1 above. If Tenant
is not in default of any covenant or condition of this Lease at the end of the Term, Landlord
shall return any unused portion of the security deposit without interest within 30 days after the
surrender of the Premises by Tenant in the condition required by Section , of this Lease.
6. USES.The Premises shall be used only for the Permitted Use,and for no other business or
purpose without the prior written consent of Landlord_Tenant shall not do or permit any act to
be done on or around the Premises that violates any law, ordinance, governmental regulation
or order or that will increase the existing rate of insurance on the Premises, or cause the
cancellation of any insurance on the Premises.Tenant shall not commit or allow to be
committed any waste upon the Premises, or any public or private nuisance.
7 COMPLIANCE WITH LAWS. Landlord represents to Tenant that, as of the Commencement Date,
to Landlord's knowledge, but without duty of investigation, and with the exception of any
Tenant's Work,the Premises comply with all applicable laws, rules, regulations, and orders,
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R ETTER&COMPANY (Single Tenant- Gross Lease) Re Page 4,24
including without limitation,the Americans With Disabilities Act and Landlord shall be
responsible to promptly cure at its sole cost any noncompliance which existed on the
Commencement Date_Tenant shall be responsible for complying with all laws applicable to the
Premises as a result of the Permitted Use, and Tenant shall be responsible for making any
changes or alterations as may be required by law, rule, regulation, or order for the Permitted
Use at its sole cost and expense. Otherwise, if changes or alterations are required by law, rule,
regulation, or order unrelated to the Permitted Use, Landlord shall make such changes and
alterations at its expense.
8. UTILITIES AND SERVICES_ Landlord shall not be responsible for providing any utilities or
services to the Premises and shall not be liable for any loss, injury or damage to person or
property caused by or resulting from any variation, interruption, or failure of utilities due to any
cause whatsoever, and Rent shall not abate as a result thereof, except to the extent due to the
intentional misconduct or gross negligence of Landlord.Tenant shall be responsible for
determining the availability of utilities and for determining the adequacy of their capacities for
Tenant's needs.Tenant shall install and connect, as necessary, and directly pay for all water,
sewer, gas,janitorial, electricity, garbage removal, heat, telephone, Internet, cable services, and
other utilities and services used by Tenant on the Premises during the Term, as the same may
be extended,whether or not such services are billed to Landlord for reimbursement by Tenant.
Tenant will also procure, or cause to be procured, without cost to Landlord, all necessary
permits, licenses or other authorizations required for the lawful and proper installation,
maintenance, replacement, and removal on or from the Premises of wires, pipes, conduits,
tubes, and other equipment and appliances for use in supplying all utilities or services to the
Premises. Landlord, upon request of Tenant, and at the sole expense and liability of Tenant,
shall cooperate with Tenant in any reasonable applications required for obtaining or continuing
such utilities or services.
9. TAXES AND ASSESSMENTS_ Tenant shall pay all taxes, assessments, liens and license fees
("Taxes") levied, assessed or imposed by any authority having the direct or indirect power to
tax or assess any such bens, related to or required by Tenant's use of the Premises as well as
all Taxes on Tenant's personal property located on the Premises. Landlord shall pay all Taxes
with respect to the Premises.
10.ALTERATIONS. Tenant may make alterations, additions or improvements to the Premises (the
"Alterations"), only with the prior written consent of Landlord,which consent, with respect to
Alterations not affecting the structural components of the Premises or utility systems therein
or for which the aggregate cost and expense does not exceed $10,000, shall not be
unreasonably withheld, conditioned, or delayed_ Landlord shall have 30 days following Tenant's
request for Landlord's consent to Alterations to respond to such request, provided that
Tenant's request includes the name of Tenant's contractors and reasonably detailed plans and
specifications therefor_The term "Alterations"shall not include: (i) any of Tenant's Work
approved by Landlord pursuant to Exhibit B, (ii)Tenant's Signage (as further provided in Section
13), or(iii) the installation of shelves, movable partitions, or Tenant's equipment, and trade
fixtures that may be installed and removed without damaging existing improvements or the
structural integrity of the Premises.Tenant shall perform all work within the Premises at
Tenant's expense in compliance with all applicable laws and shall complete all Alterations in
accordance with plans and specifications approved by Landlord, using contractors approved by
Landlord.Tenant shall pay when due, or furnish a bond for payment of(as set forth in Section
18), all claims for labor or materials furnished to or for Tenant at or for use in the Premises,
which claims are or may be secured by any mechanics'or materialmens' liens against the
Premises or any interest therein. Except as otherwise provided in the Work Letter attached as
Exhibit B with respect to Tenant's Work, any improvements installed as part of Tenant Work's or
Alterations performed or caused to be performed by Tenant (check one): X shall become the
property of Landlord, or_shall be removed by Tenant at its sole cost and expense upon the
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expiration or earlier termination of the Term, (unless Landlord conditioned its consent upon
Tenant leaving a specified Alteration at the Premises, in which case Tenant shall not remove
such Alteration and it shall become Landlord's property).Tenant shall immediately repair any
damage to the Premises caused by removal of improvements performed as part of Tenant's
Work and/or Alterations.
11. REPAIRS AND MAINTENANCE;SURRENDER.Tenant shall, at its sole cost and expense,
maintain the entire Premises, including without limitation,the roof surface and routine repairs
and maintenance to all heating,ventilation, and air conditioning ("HVAC") equipment at the
Premises, in good condition and promptly make all repairs and replacements,whether
structural or non-structural, necessary to keep the Premises in safe operating condition,
including all utilities and other systems serving the Premises, but excluding the roof structure,
subfloor, foundation, exterior walls,and capital replacements to the HVAC system (collectively,
"Landlord's Repair Items"),which Landlord shall maintain in good condition and repair at
Landlord's expense.Tenant shall not damage any Landlord's Repair Items and shall promptly
repair any damage or injury done thereto caused by Tenant or its employees, officers, agents,
servants, contractors, customers, clients,visitors, guests, or other licensees or invitees.
Notwithstanding anything in this Section to the contrary,Tenant shall not be responsible for
any repairs to the Premises made necessary by the negligence or willful misconduct of
Landlord or its employees, officers,agents, servants, contractors, customers, clients,visitors,
guests, or other licensees or invitees therein. If Tenant fails to perform Tenant's obligations
under this Section, Landlord may at Landlord's option enter upon the Premises after 10 days'
prior notice to Tenant and put the same in good order, condition and repair, and the cost
thereof,together with interest thereon at the Default Rate set forth in Section 4, shall be due
and payable as Additional Rent to Landlord together with Tenant's next installment of Base
Rent. Upon expiration or earlier termination of the Term,Tenant shall promptly and peacefully
surrender the Premises to Landlord,together with all keys, in materially as good condition as
when received by Tenant from Landlord or as thereafter improved (but subject to any
obligations to remove any Tenant's Work and Alterations and/or restore the same as provided
elsewhere in this Lease), reasonable wear and tear and insured casualty excepted. However,
tenant reserves the right to decommission as outlined in exhibit B.
Tenant to have all responsibility for service, maintenance, repair of HVAC system if needed.
Landlord will only be responsible for replacement of HVAC system, if needed.
12. ACCESS AND RIGHT OF ENTRY.After twenty-four (24) hours' notice from Landlord (except in
cases of emergency,when no notice shall be required),Tenant shall permit Landlord and its
agents, employees and contractors to enter the Premises at all reasonable times to make
repairs, inspections, alterations or improvements, provided that Landlord shall use reasonable
efforts to minimize interference with Tenant's use and enjoyment of the Premises.This Section
shall not impose any repair or other obligation upon Landlord not expressly stated elsewhere
in this Lease.After reasonable notice to Tenant, Landlord shall have the right to enter the
Premises for the purpose of(a) showing the Premises to prospective purchasers or lenders at
any time, and to prospective tenants within 180 days prior to the expiration or sooner
termination of the Term; and, (b) posting "for lease"signs within 180 days prior to the
expiration or sooner termination of the Term.
13. SIGNAGE.Tenant shall obtain Landlord's written consent as to size, location, materials, method
of attachment, and appearance, before installing any signs upon the Premises.Tenant shall
install and maintain any approved signage ("Signage") at Tenant's sole expense and in
compliance with all applicable laws. Unless as otherwise provided in Exhibit B with respect to
any Tenant Work, any Signage installed by Tenant shall be removed from the Premises at
Tenant's expense upon the expiration or earlier termination of the Lease term.Tenant shall not
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damage or deface the Premises in installing or removing Signage and shall repair any injury or
damage to the Premises caused by such installation or removal_
14. DESTRUCTION OR CONDEMNATION.
a. Damage and Repair_ If the Premises are partially damaged but not rendered
untenantable, by fire or other insured casualty, then Landlord shall diligently restore the
Premises to the extent required below and this Lease shall not terminate.Tenant may,
however,terminate the Lease if Landlord is unable to restore the Premises within six [6)
months of the casualty event by giving 20 days' notice of termination.
The Premises shall not be deemed untenantable if 25, or less of the Premises are
damaged. If insurance proceeds are not available or are not sufficient to pay the entire
cost of restoring the Premises, or if Landlord's lender does not permit all or any part of
the insurance proceeds to be applied toward restoration,then Landlord may elect to
terminate this Lease and keep the insurance proceeds, by notifying Tenant within 60
days of the date of such casualty.
If 50,or more of the rentable area of the Premises are destroyed or damaged and
rendered untenantable, by fire or other casualty, Landlord may, at its option: [a)
terminate this Lease as provided herein, or[b) restore the Premises to their previous
condition to the extent required below; provided, however, if such casualty event occurs
during the last six [6) months of the Lease term [after considering any option to extend
the term timely exercised by Tenant)then either Tenant or Landlord may elect to
terminate the Lease. If,within 60 days after receipt by Landlord from Tenant of written
notice that Tenant deems the Premises untenantable, Landlord fails to notify Tenant of
its election to restore the Premises, or if Landlord is unable to restore the Premises
within six (6) months of the date of the casualty event, then Tenant may elect to
terminate the Lease upon 20 days'written notice to Landlord unless Landlord, within
such 20 day period, notifies Tenant that it will in fact restore the Premises or actually
completes such restoration work to the extent required below, as applicable.
If Landlord restores the Premises under this Section 14, Landlord shall proceed with
reasonable diligence to complete the work, and the Base Rent shall be abated in the
same proportion as the untenantable portion of the Premises bears to the whole
Premises, provided that there shall be a Rent abatement only if the damage or
destruction of the Premises did not result from, or was not contributed to directly or
indirectly by the act,fault or neglect of Tenant,or Tenant's employees, officers, agents,
servants, contractors, customers, clients,visitors, guests, or other licensees or invitees.
No damages, compensation or claim shall be payable by Landlord for inconvenience,
loss of business or annoyance directly, incidentally or consequentially arising from any
repair or restoration of any portion of the Premises. Landlord shall have no obligation to
carry insurance of any kind for the protection of Tenant; any Alterations or
improvements paid for by Tenant; any Tenant Work identified in Exhibit B [regardless of
who may have completed them); Signage;Tenant's furniture; or on any fixtures,
equipment, improvements or appurtenances of Tenant under this Lease,and Landlord's
restoration obligations hereunder shall not include any obligation to repair any damage
thereto or replace the same_
d. Condemnation. If the Premises are made untenantable by eminent domain, or conveyed
under a threat of condemnation,this Lease shall automatically terminate as of the
earlier of the date title vests in the condemning authority or the condemning authority
first has possession of the Premises and all Rents and other payments shall be paid to
that date. If the condemning authority takes a portion of the Premises that does not
render the Premises untenantable, then this Lease shall continue in full force and effect
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and the Base Rent shall be equitably reduced based on the proportion by which the
floor area of any structures is reduced_The reduction in Base Rent shall be effective on
the earlier of the date the condemning authority first has possession of such portion or
title vests in the condemning authority. Landlord shall be entitled to the entire award
from the condemning authority attributable to the value of the Premises and Tenant
shall make no claim for the value of its leasehold estate or the Tenant's Work or any
Alterations.Tenant shall be permitted to make a separate claim against the condemning
authority for moving expenses, provided that in no event shall Tenant's claim reduce
Landlord's award.
15_ INSURANCE.
a_ Tenant's Liability Insurance_ During the Term,Tenant shall pay for and maintain
commercial general liability insurance with broad form property damage and contractual
liability endorsements_This policy shall (i) contain an endorsement identifying Landlord,
its property manager(if any), and other parties designated by Landlord as additional
insureds using an endorsement form acceptable to Landlord, (ii) insure Tenant's
activities and those of Tenant's employees, officers, agents, servants, contractors,
customers, clients,visitors, guests, or other licensees or invitees with respect to the
Premises against loss,damage or liability for personal injury or bodily injury(including
death) or loss or damage to property with a combined single limit of not less than
$2,000,000 per occurrence, and a deductible of not more than $10,000, and (iii) contain
a provision requiring the insurer to deliver or mail written notice of cancellation to the
named insureds at least 45 days before the effective date of the cancellation _Tenant's
insurance will be primary and noncontributory with any liability insurance carried by
Landlord. Landlord may also require Tenant to obtain and maintain at Tenant's sole cost
business income coverage for at least six (5) months, business auto liability coverage,
and, if applicable to the Permitted Use, liquor liability insurance and/or warehouseman's
coverage.
b_ Tenant's Property Insurance. During the Term,Tenant shall pay for and maintain special
form clauses of loss coverage property insurance (with coverage for earthquake if
required by Landlord's lender and, if the Premises are situated in a flood plain, for flood
damage)for all of Tenant's personal property,fixtures, and equipment,Tenant's Work,
and Alterations in the amount of their full replacement value,with a deductible of not
more than $10,000.
c. Miscellaneous.Tenant's insurance required under this Section shall be with companies
rated A-/VII or better in Best's Insurance Guide, and which are admitted in the State of
Washington. No insurance policy shall be cancelled or reduced in coverage and each
such policy shall provide that it is not subject to cancellation or a reduction in coverage
except after 45 days prior written notice to Landlord.Tenant shall deliver to Landlord
prior to Tenant's first taking possession of or occupying the Premises, and from time to
time thereafter, copies of the insurance policies or evidence of insurance and copies of
endorsements required by this Section. In no event shall the limits of such policies be
considered as limiting the liability of Tenant under this Lease_ If Tenant fails to acquire or
maintain any insurance or provide any policy or evidence of insurance required by this
Section, and such failure continues for three (31 days after written notice from Landlord,
Landlord may, but shall not be required to, obtain such insurance for Landlord's benefit
and Tenant shall reimburse Landlord for the costs of such insurance upon demand. Such
amounts shall be Additional Rent payable by Tenant hereunder and in the event of non-
' payment thereof, Landlord shall have the same rights and remedies with respect to
such non--payment as it has with respect to any other non-payment of Rent hereunder.
d. _
(including their shell and core) in th-c a-mount of their full replacement value, and such
CBA Text..cfaimer.-rest dale[ed try IicQnsee indicated by strike_ ■ k-TJ)r
New text inserted trY licensee indicated try small capital letters
AVSVN LEASE AGREEMENT Commercial Brokers S RESERVEn
ALL RIGHTS RESEI2VEQ
ross Lease
R ETTER 8 COMPANY"
[Single Tenant- Gross Lease] CBA Form sr_Ls[Sing,.TertarttRev.9,0201
Page.24
other i-nsurance of s-u-ch types and s as L -4.I, i-n its d-iscretio-n, shall deem
e. Waiver of Subrogation. Notwithstanding any other provision of this Lease to the
contrary, Landlord and Tenant hereby release each other and any other tenant, their
agents or employees,from responsibility for, and waive their entire claim of recovery for
any loss or damage arising from any cause covered by insurance required to be carried
or otherwise carried by each of them. Each party shall provide notice to the insurance
carrier or carriers of this mutual waiver of subrogation and shall cause its respective
insurance carriers to waive all rights of subrogation against the other.This waiver shall
not apply to the extent of the deductible amounts to any such policies or to the extent
of liabilities exceeding the limits of such policies_
16. INDEMNIFICATION.
a. Indemnification by Tenant.Tenant shall defend, indemnify, and hold Landlord harmless
against all liabilities, damages, costs, and expenses, including attorneys'fees, for
personal injury, bodily injury[including death] or property damage arising from any
negligent or wrongful act or omission of Tenant or Tenant's employees, officers, agents,
servants, contractors, customers, clients,visitors, guests, or other licensees or invitees
on or around the Premises, or arising from any breach of this Lease by Tenant.Tenant
shall use legal counsel reasonably acceptable to Landlord in defense of any action
within Tenant's defense obligation.
b_ Indemnification by Landlord_ Landlord shall defend, indemnify and hold Tenant
harmless against all liabilities, damages, costs, and expenses, including attorneys'fees,
for personal injury, bodily injury[including death) or property damage arising from any
negligent or wrongful act or omission of Landlord or Landlord's employees, officers,
agents, servants, contractors, customers, clients, visitors, guests, or other licensees or
invitees on or around the Premises, or arising from any breach of this Lease by Landlord.
Landlord shall use legal counsel reasonably acceptable to Tenant in defense of any
action within Landlord's defense obligation.
c. Waiver of Immunity. Landlord and Tenant each specifically and expressly waive any
immunity that each may be granted under the Washington State Industrial Insurance
Act,Title 51 RCW. Neither party's indemnity obligations under this Lease shall be limited
by any limitation on the amount or type of damages, compensation, or benefits payable
to or for any third party under the Worker Compensation Acts, Disability Benefit Acts or
other employee benefit acts.
d_ Exemption of Landlord from Liability. Except to the extent of claims arising out of
Landlord's gross negligence or intentional misconduct, Landlord shall not be liable for
injury to Tenant's business or assets or any loss of income therefrom or for damage to
any property of Tenant or of its employees, officers, agents,servants, contractors,
customers, clients,visitors, guests, or other licensees or invitees, or any other person in
or about the Premises.
e. Survival_The provisions of this Section 16 shall survive expiration or termination of this
Lease.
17. ASSIGNMENT AND SUBLETTING_ Except for assigning or subletting to McCurley of Yakima, LLC,
Tenant shall not assign, sublet, mortgage, encumber or otherwise transfer any interest in this
Lease [collectively referred to as a "Transfer"] or any part of the Premises,without first
obtaining Landlord's written consent which shall not be unreasonably withheld, conditioned, or
delayed. Except for assigning or subletting to McCurley of Yakima, LLC, no Transfer shall relieve
Tenant of any liability under this Lease notwithstanding Landlord's consent to such Transfer.
Except for assigning or subletting to McCurley of Yakima, LLC, consent to any Transfer shall not
operate as a waiver of the necessity for Landlord's consent to any subsequent Transfer. Except
for assigning or subletting to McCurley of Yakima, LLC, in connection with each request for
CHA Text Disclatmer.Text deteted 4Y licensee indicated by strike C33,
hlew terC in sc-rted by lirensce En dicatcd 4y small cap...letters
j_WSVN LEASE AGREEMENT Comrnerciai Br+okers,4slociation
LS Single enantGIGHTSR sEleVse CBA Form ST_
BETTER&CDMPANY [Single Tenant-Gross Lease) g Rev.9,0201
Page 9,24
consent to a Transfer,Tenant shall pay the reasonable cost of processing the same, including
attorneys'fees, upon demand of Landlord, up to a maximum of$1,250.
Any transfer of this Lease by merger, consolidation, redemption or liquidation of Tenant, or any
change in the ownership of, or power to vote,which singularly or collectively represents a
majority of the beneficial interest in Tenant, shall constitute a Transfer under this Section.
Except for assigning or subletting to McCurley of Yakima, LLC, as a condition to Landlord's
approval, if given, any potential assignee or sublessee otherwise approved by Landlord shall
assume all obligations of Tenant under this Lease and shall be jointly and severally liable with
Tenant and any guarantor for the payment of Rent and performance of all obligations of
Tenant under this Lease. In connection with any Transfer,Tenant shall provide Landlord with
copies of all assignments, subleases and assumption agreements and related documents.
18. LIENS.Tenant is not authorized to subject the Landlord's assets to any liens or claims of lien.
Tenant shall keep the Premises free from any liens created by or through Tenant.Tenant shall
indemnify, defend, and hold Landlord and the Premises harmless from liability for any such
liens including,without limitation, liens arising from any of Tenant's Work or Alterations. If a lien
is filed against the Premises by any person claiming by, through or under Tenant,Tenant shall
have the right to contest the correctness or validity of the lien, provided, however, within 10
days after Landlord's demand, at Tenant's expense,Tenant shall either remove the lien or shall
procure a lien release bond issued by a surety satisfactory to Landlord in form and amount
sufficient to satisfy the statutory requirements for satisfaction and release of the subject lien[s)
from the Premises.Tenant shall indemnify Landlord and the Premises from and against all
liabilities, costs and expenses, including attorneys'fees, which Landlord could reasonably incur
as a result of such lien.
19. DEFAULT. Each of the following events shall be an "Event of Default" by Tenant under this
Lease:
a. Failure To Pay. Failure by Tenant to pay any sum, including Rent, due under this Lease
following five [5) days'notice from Landlord of the failure to pay.
b. Vacation/Abandonment. Vacation by Tenant of the Premises [defined as an absence for
at least 15 consecutive days without prior notice to Landlord), or abandonment by
Tenant of the Premises [defined as an absence of five [5) days or more while Tenant is in
breach of some other term of this Lease).Tenant's vacation or abandonment of the
Premises shall not be subject to any notice or right to cure.
c. Insolvency.Tenant's insolvency or bankruptcy[whether voluntary or involuntary); or
appointment of a receiver, assignee or other liquidating officer for Tenant's business;
provided, however,that in the event of any involuntary bankruptcy or other insolvency
proceeding, the existence of such proceeding shall constitute an Event of Default only if
such proceeding is not dismissed or vacated within 60 days after its institution or
commencement_
d. Levy or Execution.The taking of Tenant's interest in this Lease or the Premises, or any
part thereof, is taken by execution or other process of law directed against Tenant, or
attachment of Tenant's interest in this Lease by any creditor of Tenant, if such
attachment is not discharged within 15 days after being levied.
e. Other Non-Monetary Defaults.The breach by Tenant of any agreement, term or
covenant of this Lease other than one requiring the payment of money and not
otherwise enumerated in this Section or elsewhere in this Lease, which breach
continues for a period of 30 days after notice by Landlord to Tenant of the breach,
provided that, if the nature of such default is such that it cannot be cured within such 30
day period, no Event of Default shall occur so long as Tenant commences such cure
within 30 days of notice by Landlord and diligently pursues such cure to completion, but
in no event longer than 60 days from the date of Landlord's notice.
C.A Text Disclaimer.Text deleted by tice nsee:..:cited try strike C334,'
New tact insert.,dy licensee indices bed dY small caplYal iet[ers_
4.1PSVN LEASE AGREEMENT Commercial Brokers RESERVEn
ALL Frokers RESERVED
R ETTER&COMPANY
(Single Tenant Gross Leased C8A Form sr—is[Sing[e TenantGross9/20201
Page 70{24
f. Failure to Take Possession. Failure by Tenant to take possession of the Premises on the
Commencement Date following five [5] days' notice from Landlord of Tenant's failure to
take possession.
Landlord shall not be in default unless Landlord fails to perform obligations required of
Landlord within 30 days after notice by Tenant to Landlord, provided that, if the nature of such
default is that it cannot be cured within such 30 day period, Landlord shall not be in default if
Landlord commences such cure within 30 days of notice by Tenant and diligently pursues such
cure to completion. If Landlord fails to cure any such default within the allotted time,Tenant's
sole remedy shall be to seek actual money damages (but not consequential or punitive
damages)for loss arising from Landlord's failure to discharge its obligations under this Lease.
Nothing herein contained shall relieve Landlord from its duty to perform any of its obligations
to the standard prescribed in this Lease.
Any notice periods granted herein shall be deemed to run concurrently with and not in addition
to any default notice periods required by law.
20.REMEDIES. Landlord shall have the following remedies upon an Event of Default. Landlord's
rights and remedies under this Lease shall be cumulative and non-exclusive.
a. Termination of Lease_ Landlord may terminate Tenant's interest under the Lease, but no
act by Landlord other than notice of termination from Landlord to Tenant shall terminate
this Lease_The Lease shall terminate on the date specified in the notice of termination.
Upon termination of this Lease,Tenant will remain liable to Landlord for damages in an
amount equal to Rent and other sums that would have been owing by Tenant under this
Lease for the balance of the Term, less the net proceeds, if any, of any re- letting of the
Premises by Landlord subsequent to the termination, after deducting all of Landlord's
Reletting Expenses [as defined below]. Landlord shall be entitled to either collect
damages from Tenant monthly on the days on which Rent or other amounts would have
been payable under the Lease, or alternatively, Landlord may accelerate Tenant's
obligations under the Lease and recover from Tenant: (0 unpaid Rent which had been
earned at the time of termination; [ii]the amount by which the unpaid Rent which would
have been earned after termination until the time of award exceeds the amount of Rent
loss that Tenant proves could reasonably have been avoided; [iii]the amount by which
the unpaid Rent for the balance of the term of the Lease after the time of award
exceeds the amount of Rent loss that Tenant proves could reasonably be avoided
(discounting such amount by the discount rate of the Federal Reserve Bank of San
Francisco at the time of the award, plus 1,); and [iv] any other amount necessary to
compensate Landlord for all the detriment proximately caused by Tenant's failure to
perform its obligations under the Lease, or which in the ordinary course would be likely
to result from the Event of Default, including without limitation Reletting Expenses
described below.
b. Re-Entry and Reletting. Landlord may continue this Lease in full force and effect, and
without demand or notice, re-enter and take possession of the Premises or any part
thereof, expel the Tenant from the Premises and anyone claiming through or under the
Tenant, and remove the personal property of either. Landlord may relet the Premises, or
any part of them, in Landlord's or Tenant's name for the account of Tenant, for such
period of time and at such other terms and conditions, as Landlord, in its discretion, may
determine. Landlord may collect and receive the rents for the Premises.To the fullest
extent permitted by law,the proceeds of any reletting shall be applied:first,to pay
Landlord all Reletting Expenses (defined below]; second,to pay any indebtedness of
Tenant to Landlord other than Rent;third,to the Rent due and unpaid hereunder; and
fourth,the residue, if any, shall be held by Landlord and applied in payment of other or
future obligations of Tenant to Landlord as the same may become due and payable, and
Tenant shall not be entitled to receive any portion of such revenue. Re-entry or taking
possession of the Premises by Landlord under this Section shall not be construed as an
CBA Texf E]isciaimer.Text deleted try licensee indicated try strike_ CM('
Newt.,inserted try ii.ensee indicated try small capital letters_
itivSVN LEASE AGREEMENT Commercial Brokers RESERVon
ALL RIGHTS RESERVE.
Gross Lease
R ETTER 8.COMPANY
(Single Tenant Gross Lease) CBA Form sr_Ls J Single TenantRev 9,02.1
Page 11,24
election on Landlord's part to terminate this Lease, unless a notice of termination is
given to Tenant. Landlord reserves the right following any re-entry or reletting, or both,
under this Section to exercise its right to terminate the Lease. Tenant will pay Landlord
the Rent and other sums which would be payable under this Lease if repossession had
not occurred, less the net proceeds, if any, after reletting the Premises and after
deducting Landlord's Reletting Expenses. "Reletting Expenses"is defined to include all
expenses incurred by Landlord in connection with reletting the Premises, including
without limitation, all repossession costs, brokerage commissions and costs for securing
new tenants, attorneys'fees, remodeling and repair costs, costs for removing persons or
property, costs for storing Tenant's property and equipment, and costs of tenant
improvements and rent concessions granted by Landlord to any new Tenant, prorated
over the life of the new lease.
c. Waiver of Redemption Rights. Tenant,for itself, and on behalf of any and all persons
claiming through or under Tenant, including creditors of all kinds, hereby waives and
surrenders all rights and privileges which they may have under any present or future
law,to redeem the Premises or to have a continuance of this Lease for the Term or any
extension thereof.
d. Nonpayment of Additional Rent.All costs which Tenant is obligated to pay to Landlord
pursuant to this Lease shall in the event of nonpayment be treated as if they were
payments of Rent, and Landlord shall have the same rights it has with respect to
nonpayment of Rent.
e. Failure to Remove Property_ if Tenant fails to remove any of its property from the
Premises at Landlord's request following an uncured Event of Default, Landlord may, at
its option, remove and store the property at Tenant's expense and risk_ If Tenant does
not pay the storage cost within five (5) days of Landlord's request, Landlord may, at its
option, have any or all of such property sold at public or private sale (and Landlord may
become a purchaser at such sale), in such manner as Landlord deems proper,without
notice to Tenant. Landlord shall apply the proceeds of such sale: [i)to the expense of
such sale, including reasonable attorneys'fees actually incurred; Di)to the payment of
the costs or charges for storing such property; Din to the payment of any other sums of
money which may then be or thereafter become due Landlord from Tenant under any of
the terms hereof; and (iv)the balance, if any,to Tenant. Nothing in this Section shall limit
Landlord's right to sell Tenant's personal property as permitted by law or to foreclose
Landlord's lien for unpaid Rent, if any.
21. MORTGAGE SUBORDINATION AND ATTORNMENT This Lease shall automatically be
subordinate to any mortgage or deed of trust created by Landlord which is now existing or
hereafter placed upon the Premises including any advances, interest, modifications, renewals,
replacements or extensions ("Landlord's Mortgage").Tenant shall attorn to the holder of any
Landlord's Mortgage or any party acquiring the Premises at any sale or other proceeding under
any Landlord's Mortgage provided the acquiring party assumes the obligations of Landlord
under this Lease.Tenant shall promptly, and in no event later than 15 days after request,
execute, acknowledge and deliver documents which the holder of any Landlord's Mortgage
may reasonably require as further evidence of this subordination and attornment.
Notwithstanding the foregoing,Tenant's obligations under this Section to subordinate in the
future are conditioned on the holder of each Landlord's Mortgage and each party acquiring the
Premises at any sale or other proceeding under any such Landlord's Mortgage not disturbing
Tenant's occupancy and other rights under this Lease, so long as no uncured Event of Default
by Tenant exists.
22.NON-WAIVER. Landlord's waiver of any breach of any provision contained in this Lease shall
not be deemed to be a waiver of the same provision for subsequent acts of Tenant.The
acceptance by Landlord of Rent or other amounts due by Tenant hereunder shall not be
deemed to be a waiver of any previous breach by Tenant.
CBIText DFscfaimer_Tex[deleted by R�nsee indicated by str9lc_
New tact iriserted by licensee indices,-d try small capital letters_
wSVN LEASE AGREEMENT Commercial Brokers.TS RESERVED
ALL RIGHTS RESERVED
BETTER S COMPANY
[Single Tenant-Gross Lease] CBAForn,ST_LS SingleTenant Rev.9/Lease
Page 12124
23.HOLDOVER. If Tenant shall,without the written consent of Landlord, remain in possession of
the Premises and fail to return them to Landlord after the expiration or termination of this
Lease, the tenancy shall be a holdover tenancy at sufferance,which may be terminated
according to Washington law. During such tenancy,Tenant agrees to pay to Landlord 150, of
the rate of rental last payable under this Lease, unless a different rate is agreed upon by
Landlord.All other terms of the Lease shall remain in effect other than any options to extend
the Term_Tenant acknowledges and agrees that this Section does not grant any right to Tenant
to holdover, and that Tenant may also be liable to Landlord for any and all damages or
expenses which Landlord may have to incur as a result of Tenant's holdover_
24.NOTICES.All notices under this Lease shall be in writing and effective [i] when delivered in
person or via overnight courier to the other party, or DO three [3] days after being sent by
registered or certified mail to the other party at the address set forth in Section 1.The
addresses for notices and payment of Rent set forth in Section 1 may be modified by either
party only by written notice delivered in conformance with this Section.
25.COSTS AND ATTORNEYS' FEES. If Tenant or Landlord engage the services of an attorney to
collect monies due or to bring any action for any relief against the other, declaratory or
otherwise, arising out of this Lease, including any suit by Landlord for the recovery of Rent or
other payments or possession of the Premises,the losing party shall pay the prevailing party a
reasonable sum for attorneys'fees in such action,whether in mediation or arbitration, at trial,
on appeal, or in any bankruptcy proceeding.
26.ESTOPPEL CERTIFICATES.Tenant shall,from time to time, upon written request of Landlord,
execute, acknowledge and deliver to Landlord or its designee a written statement specifying
the following, subject to any modifications necessary to make such statements true and
complete: [i]the total rentable square footage of the Premises; DO the date the Term
commenced and the date it expires; [iii]the amount of minimum monthly Rent and the date to
which such Rent has been paid; [iv]that this Lease is in full force and effect and has not been
assigned, modified, supplemented or amended in any way; [v]that this Lease represents the
entire agreement between the parties; [vi] that all obligations under this Lease to be performed
by either party have been satisfied; Nil)that there are no existing claims, defenses or offsets
which the Tenant has against the enforcement of this Lease by Landlord; [viii)the amount of
Rent, if any,that Tenant paid in advance; [ix]the amount of security that Tenant deposited with
Landlord; [x] if Tenant has sublet all or a portion of the Premises or assigned its interest in the
Lease and to whom; [xi) if Tenant has any option to extend the Term of the Lease or option to
purchase the Premises; and [xii] such other factual matters concerning the Lease or the
Premises as Landlord may reasonably request.Tenant acknowledges and agrees that any
statement delivered pursuant to this Section may be relied upon by a prospective purchaser of
Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the
Premises. If Tenant shall fail to respond within 10 days to Landlord's request for the statement
required by this Section, Landlord may provide the statement and Tenant shall be deemed to
have admitted the accuracy of the information provided by Landlord.
2, TRANSFER OF LANDLORD'S INTEREST.This Lease shall be assignable by Landlord without the
consent of Tenant. In the event of any transfer or transfers of Landlord's interest in the
Premises, other than a transfer for collateral purposes only, upon the assumption of this Lease
by the transferee, Landlord shall be automatically relieved of obligations and liabilities accruing
from and after the date of such transfer, including any liability for any retained security deposit
or prepaid Rent,for which the transferee shall be liable, and Tenant shall attorn to the
transferee.
CBA Text Qisclaimer.Text deleted by licensee indicated by strike
New ter,inserted by llcen see indicated try snrnall capital levers.
dPSVN LEASE AGREEMENT Commercial BmkHTS RESERVEn
ALL RIGHTS RESERVED
CBA Form ST�LS I Single Tenant Gross Lease
RETTER&COMPANY [Single Tenant Gross Lease] Rev_9,0201
Peg.13I24
28.LANDLORD'S LIABILITY. Notwithstanding anything in this Lease to the contrary, covenants,
undertakings and agreements herein made on the part of Landlord are made and intended not
as personal covenants, undertakings and agreements for the purpose of binding Landlord
personally or the assets of Landlord but are made and intended for the purpose of binding only
the Landlord's interest in the Premises, as the same may from time to time be encumbered. In
no event shall Landlord or its partners, shareholders, or members, as the case may be, ever be
personally liable hereunder.
29.RIGHT TO PERFORM_ If Tenant shall fail to timely pay any sum or perform any other act on its
part to be performed hereunder, Landlord may make any such payment or perform any act on
Tenant's behalf.Tenant shall,within 10 days of demand, reimburse Landlord for its expenses
incurred in making such payment or performance. Landlord shall (in addition to any other right
or remedy of Landlord provided by law) have the same rights and remedies in the event of the
nonpayment of sums due under this Section as in the case of default by Tenant in the payment
of Rent.
30-HAZARDOUS MATERIAL.As used herein,the term "Hazardous Material" means any hazardous,
dangerous, toxic or harmful substance, material or waste including biomedical waste which is
or becomes regulated by any local governmental authority,the State of Washington or the
United States Government, due to its potential harm to the health, safety or welfare of humans
or the environment. Both parties acknowledge and agree that they have had access to
environmental and hazardous material information at the time of entering into this Lease.
Neither party makes any assertions, representations or warrants any other hazardous
materials on the property_ If there is any Hazardous Material on, in, or under the Premises as of
the Commencement Date which has been or thereafter becomes unlawfully released in excess
of reportable quantities through no fault of Tenant,then Landlord shall indemnify, defend and
hold Tenant harmless from any and all claims,judgments, damages, penalties,fines, costs,
liabilities or losses including without limitation sums paid in settlement of claims, attorneys'
fees, consultant fees and expert fees, incurred or suffered by Tenant either during or after the
Term as the result of such contamination.
Tenant shall not cause or permit any Hazardous Material other than those used in the day to
day operation of an auto dealership to be brought upon, kept, or used in or about, or disposed
of on the Premises by Tenant, its employees, officers, agents, servants, contractors, customers,
clients,visitors, guests, or other licensees or invitees, except with Landlord's prior consent
(except in de minimis quantities typical of the Permitted Use, such as in office supplies and
household cleansers) and then only upon strict compliance with all applicable federal, state
and local laws, regulations, codes, ordinances, and product labels. If Tenant b-reache-s the
obligations stated in the preceding sentence,th-ert Tenant shall indemnify, defend and hold
Landlord harmless from any and all claims,judgments, damages, penalties,fines, costs,
liabilities or losses including,without limitation, diminution in the value of the Premises;
damages for the loss or restriction on use of rentable or usable space or of any amenity of the
Premises, or elsewhere; damages arising from any adverse impact on marketing of space at
the Premises; and sums paid in settlement of claims, attorneys'fees, consultant fees and
expert fees incurred or suffered by Landlord either during or after the Term.These
indemnifications by Landlord and Tenant include, without limitation, costs incurred in
connection with any investigation of site conditions or any clean-up, remedial, removal or
restoration work,whether or not required by any federal, state or local governmental agency or
political subdivision, because of Hazardous Material present in the Premises, or in soil or
ground water on or under the Premises.Tenant shall immediately notify Landlord of any
inquiry, investigation or notice that Tenant may receive from any third party regarding the
actual or suspected presence of Hazardous Material on the Premises.
CHA Text Disclaimer_Tract deleted by licensee indicated by strlke_ C:134V
New t0ct inserted by licensee indicated by small capital letters.
SVN LEASE AGREEMENT Commercial Brokers�aSERVan
ALL Rrokers RESERVED
BETTER 8.COM PANV
[Single Tenant Gross Lease] CBA Form ST_LS'Single Tenant Rev.Gross/20201
Page i.1 4
Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or
used in or about the Premises by Tenant, its employees, officers, agents,servants, contractors,
customers, clients, visitors, guests, or other licensees or invitees, results in any unlawful
release of any Hazardous Material on the Premises or any adjacent property,Tenant shall
promptly take all actions, at its sole expense, as are necessary to return the Premises or any
other property to the condition existing prior to the release of any such Hazardous Material;
provided that Landlord's approval of such actions shall first be obtained,which approval may
be withheld at Landlord's sole discretion.The provisions of this Section shall survive expiration
or earlier termination of this Lease.
31. QUIET ENJOYMENT Provided Tenant pays the Rent and performs all of its obligations in this
Lease,Tenant's possession of the Premises will not be disturbed by Landlord or anyone
claiming by, through or under Landlord.
32-MERGER_ The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation
thereof, shall not work a merger and shall, at the option of Landlord,terminate all or any
existing subtenancies or may, at the option of Landlord, operate as an assignment to Landlord
of any or all of such subtenancies.
33.GENERAL.
a_ Heirs and Assigns.This Lease shall apply to and be binding upon Landlord and Tenant
and their respective heirs, executors, administrators, successors and assigns.
b. Brokers' Fees_Tenant represents and warrants to Landlord that except for Tenant's
Broker, if any, described or disclosed in Section 35 of this Lease, it has not engaged any
firm, finder or other person who would be entitled to any commission or fees for the
negotiation, execution or delivery of this Lease and shall indemnify and hold harmless
Landlord against any loss, cost, liability or expense incurred by Landlord as a result of
any claim asserted by any such firm, finder or other person on the basis of any
arrangements or agreements made or alleged to have been made by or on behalf of
Tenant. Landlord represents and warrants to Tenant that except for Landlord's Broker, if
any, described and disclosed in Section 35, it has not engaged any firm, finder or other
person who would be entitled to any commission or fees for the negotiation, execution
or delivery of this Lease and shall indemnify and hold harmless Tenant against any loss,
cost, liability or expense incurred by Tenant as a result of any claim asserted by any
such firm,finder or other person on the basis of any arrangements or agreements made
or alleged to have been made by or on behalf of Landlord.
c. Entire Agreement.This Lease contains all of the covenants and agreements between
Landlord and Tenant relating to the Premises. No prior or contemporaneous agreements
or understanding pertaining to the Lease shall be valid or of any force or effect and the
covenants and agreements of this Lease shall not be altered, modified or amended
except in writing signed by Landlord and Tenant.
d_ SeverabiEity_Any provision of this Lease which shall prove to be invalid, void or illegal
shall in no way affect, impair or invalidate any other provision of this Lease.
e. Force Majeure-Time periods for either party's performance under any provisions of this
Lease [excluding payment of Rent] shall be extended for periods of time during which
the party's performance is prevented due to circumstances beyond such party's control,
including without limitation,fires,floods, earthquakes, lockouts, strikes, embargoes,
governmental regulations, acts of God, public enemy, war or other strife; provided in no
event shall any of the foregoing events operate to extend the Term of this Lease.
f_ Governing Law.This Lease shall be governed by and construed in accordance with the
laws of the State of Washington.
g. Memorandum of Lease. Neither this Lease nor any memorandum or"short form"
thereof shall be recorded without Landlord's prior consent_
CBA Text Oiscla[mer_Text deleted by licensee indicated by strike_ C�
New text inserted by hoensee indicated dY small capital le[ters
LEASE AGREEMENT Commercial Brokers RESERVED
APSVN ALL RnantS RESERVED
ross Lease
RETTER&COMPANY
[Single Tenant- Gross Lease] CBA Form sr_is Single TenantRev_9,0201
Page 15�24
h. Submission of Lease Form Not an Offer. One party's submission of this Lease to the
other for review shall not constitute an offer to lease the Premises.This Lease shall not
become effective and binding upon Landlord and Tenant until it has been fully executed
by both parties.
i. No Light,Air or View Easement.Tenant has not been granted an easement or other
right for light, air or view to or from the Premises.Any diminution or shutting off of light,
air or view by any structure which may be erected on or adjacent to the Premises shall in
no way affect this Lease or the obligations of Tenant hereunder or impose any liability
on Landlord.
j. Authority of Parties_ Each party to this Lease represents and warrants to the other that
the person executing this Lease on behalf of such party has the authority to enter into
this Lease on behalf of such party, that the execution and delivery of this Lease has
been duly authorized, and that upon such execution and delivery this Lease shall be
binding upon and enforceable against such party_
k. Time. "Day" as used herein means a calendar day and "business day" means any day on
which commercial banks are generally open for business in the state where the
Premises are situated_Any period of time which would otherwise end on a non-business
day shall be extended to the next following business day.Time is of the essence of this
Lease.
34-EXHIBITS AND RIDERS.The following exhibits and riders are made a part of this Lease, and the
terms thereof shall control over any inconsistent provision in the sections of this Lease:
Exhibit A: Legal Description of the Premises
Exhibit B: Tenant Improvement Schedule
Exhibit C: Decommissioning
CHECK THE BOX FOR ANY OF THE FOLLOWING THAT WILL APPLY. CAPITALIZED TERMS USED IN
THE RIDERS SHALL HAVE THE MEANING GIVEN TO THEM IN THE LEASE
X Rent Rider
Arbitration Rider
Letter of Credit Rider
Guaranty of Tenant's Lease Obligations Rider
Option to Extend Rider
X Addendum
35_AGENCY DISCLOSURE_At the signing of this Lease, Landlord is represented by Ken Davis SVN I
Cascades(Firm Lic. #: Broker Lic. #: ) (the "Landlord's Broker"); and Tenant is
represented by Rob Ellsworth SVN I Ratter Company (Firm Lic. #: 20279 Broker Lic. #:
17790) (the "Tenant's Broker").
This Agency Disclosure creates an agency relationship between Landlord, Landlord's Broker[if
any such person is disclosed], and any managing brokers who supervise Landlord's Broker's
performance (collectively the "Supervising Brokers"). In addition,this Agency Disclosure creates
an agency relationship between Tenant,Tenant's Broker(if any such person is disclosed), and
any managing brokers who supervise Tenant's Broker's performance (also collectively the
"Supervising Brokers"). If Tenant's Broker and Landlord's Broker are different real estate
licensees affiliated with the same Firm,then both Tenant and Landlord confirm their consent to
that Firm and both Tenant's and Landlord's Supervising Brokers acting as dual agents_ If
Tenant's Broker and Landlord's Broker are the same real estate licensee who represents both
parties, then both Landlord and Tenant acknowledge that the Broker, his or her Supervising
Brokers, and his or her Firm are acting as dual agents and hereby consent to such dual agency.
If Tenant's Broker, Landlord's Broker,their Supervising Brokers, or their Firm are dual agents,
Landlord and Tenant consent to Tenant's Broker, Landlord's Broker and their Firm being
compensated based on a percentage of the rent or as otherwise disclosed on an attached
CBA Text Disclaimer Text deleted by licensee indicated by strikeCBitv
-
New trct inserted 6Y licensee indicaI.e•d by srna11�pita!letters.
SVN LEASE AGREEMENT Commercial BrokHTS RESERVE.
Al, tion
RIGHTS RESERVED
ss Lease
RET-TER&COMPANY
[Single Tenant Gross Lease] CBA Form sr_Ls I Single Tenant
Re�9/20201
Page i.1.4
addendum. Neither Tenant's Broker, Landlord's Broker nor either of their Firms are receiving
compensation from more than one party to this transaction unless otherwise disclosed on an
attached addendum, in which case Landlord and Tenant consent to such compensation.
Landlord and Tenant confirm receipt of the pamphlet entitled "The Law of Real Estate Agency"
36.COMMISSION AGREEMENT. If Landlord has not entered into a listing agreement [or other
compensation agreement with Landlord's Broker], Landlord agrees to pay a commission to
Landlord's Broker(as identified in the Agency Disclosure paragraph above) as follows:
X O , of the gross rent payable pursuant to the Lease
Other
$ per square foot of the Premises
Landlord's Broker shall X shall not (shall not if not filled in) be entitled to a commission
upon the extension by Tenant of the Term pursuant to any right reserved to Tenant under the
Lease calculated as provided above or as follows (if no box is checked, as provided
above).
Landlord's Broker shall X shall not (shall not if not filled in) be entitled to a commission
upon any expansion of the Premises pursuant to any right reserved to Tenant under the Lease,
calculated as provided above or as follows (if no box is checked, as provided above).
Any commission shall be earned upon execution of this Lease, and paid one-half upon
execution of the Lease and one-half upon occupancy of the Premises by Tenant.
Landlord's Broker shall pay to Tenant's Broker(as identified in the Agency Disclosure paragraph
above)the amount stated in a separate agreement between them or, if there is no agreement,
$ or O , (complete only one) of any commission paid to Landlord's Broker, within five (5)
days after receipt by Landlord's Broker.
If any other lease or sale is entered into between Landlord and Tenant pursuant to a right
reserved to Tenant under the Lease, Landlord shall shall not(shall not if not filled in) pay an
additional commission according to any commission agreement or, in the absence of one,
according to the commission schedule of Landlord's Broker in effect as of the execution of this
Lease. Landlord's successor shall be obligated to pay any unpaid commissions upon any
transfer of this Lease and any such transfer shall not release the transferor from liability to pay
such commissions.
3, BROKER PROVISIONS. LANDLORD'S BROKER,TENANT'S BROKER AND THEIR FIRMS HAVE
MADE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE PREMISES,THE MEANING OF
THE TERMS AND CONDITIONS OF THIS LEASE, LANDLORD'S OR TENANT'S FINANCIAL
STANDING, ZONING, COMPLIANCE OF THE PREMISES WITH APPLICABLE LAWS, SERVICE OR
CAPACITY OF UTILITIES, OPERATING COSTS, OR HAZARDOUS MATERIALS. LANDLORD AND
TENANT ARE EACH ADVISED TO SEEK INDEPENDENT LEGAL ADVICE ON THESE AND OTHER
MATTERS ARISING UNDER THIS LEASE.
CBA Text Disclaimer:Th.,deleted by licensee indicated by striice_ CB41.r
New text inserted dY licensee indicated by small capital letters_
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LEASE AGREEMENT Commercial Brokers 2.1sociation
ALL RIGHTS RESrose LeaE.
se
[Single Tenant-Gross Lease]
BETTER&COMPANY
CBA Form sr_Ls l Single TenantRev_9,0201
Page 19,24
STATE OF WASHINGTON
COUNTY OF ss_
This record was acknowledged by me on ,2022, by
as of
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
[Signature of Notary)
[Legibly Print or Stamp Name of Notary)
Notary public in and for the state of Washington,
residing at
My appointment expires
STATE OF WASH I NGTON
CO NTY OF ss.
This record was acknowledged by me on ,2022, by
as of _
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
[Signature of Notary)
[Legibly Print or Stamp Name of Notary)
Notary public in and for the state of Washington,
residing at
My appointment expires
CEIA Teed Disclaimer-_Team deleted by licensee indicated by strike (=BAy
Mew text inserted by licensee indicated by small capital letters_
�SVN LEASE AGREEMENT Commercial BrokersS RESERVED
ALL RIGHTS RESERVED
C' CBA Form ST_LS Single Tenant Gross Lease
R ETTER S.COMPANY (Single Tenant- Gross Lease) ReV_9,02.
Page 20�Z4
EXHIBIT Q
[Legal Description of the Premises]
Yakima County Tax Parcel[s) #: 181313-42525
Legally Described As:
Section 13 Township 13 Range 18 Quarter SE: Plat LEAMING'S ADDITION TO NORTH YAKIMA[A--71):
The West 270 feet of Lots 1, 2 8.3 TOGETHER WITH that portion of vacated Quince Street acurring
thereto, disclosed by Ordinate No. 2005-01 under Auditor's File No.7453667 EXCEPT that portion
of said Lot 3, lying Northerly and Easterly of the Southerly and westerly right of way of State
highway as established on the ground on November 25, 1940,Together with that portion of the
Yakima Water, Light and Power Co.'s right of way, as shown on the plat of Learning's Addition to
North Yakima, lying Westerly of the West right of way line of North 5th Avenue and Easterly of the
right of way line of North 6th Avenue, EXCEPT that portion of the above described parcel described
as follows: Beginning at the Southwest corner of said parcel,thence North 13 feet along the West
line thereof,thence Southeasterly to a point on the South line of said parcel, said point being 26
feet East of the Point of Beginning as measured along the South line thereof,thence West along
said South line to the Point of Beginning,AND EXCEPT the South 3 feet as measured perpendicular
to the South line thereof
CBA Text...awn.,Text deleted try licensee endl�ted try strike. C:130('
New test inserted try licensee indicated try small capital letters
`�SVN LEASE AGREEMENT Commercial Brokers
TS RESERVE.
ALL RIGHTS RESERVE.
' CBA Form ST_LS Single Tenant Gross Lease
RETTER&COMPANY [Single Tenant-Gross Lease) Rev_9,02.1
Page 2,24
EXHIBIT B
[Work Letter]
CHECK IF APPLICABLE:
7. Improvements to be Completed by Landlord
A. Performance of Improvements. Subject to the terms and conditions of this Lease and any
Improvement Allowance provided herein, Landlord's obligations to improve the Premises shall
be limited to the work ("Landlord's Work") described below.All other work shall be performed
by Tenant at its sole expense or, if performed by Landlord, shall be promptly reimbursed by
Tenant. Landlord's Work shall be deemed to be "substantially complete"on the date that
Landlord's notifies Tenant that Landlord's Work is complete, except for punch list items that do
not impair the use or operations thereof,would not prevent Tenant from occupancy and/or
performing Tenant's Work, and except for that portion of Landlord's Work, if any, which cannot
be feasibly performed before Tenant completes Tenant's Work, fixturing, or decorating.
The work to be done by Landlord in satisfying its obligation to complete Landlord's Work under
the Lease shall be limited to the following [check one):
As identified below[check and describe all that apply;
FLOOR:
WALLS:
CEILING:
LIGHTING:
WASHROONI(S):
ELECTRICAL:
HVAC:
OTHER:
As mutually agreed upon between Landlord and Tenant as follows:
a. Within days [10 days if not filled in) after mutual acceptance of the Lease,Tenant
shall prepare and submit for Landlord's review a preliminary sketch of the improvements
to be performed by Landlord ("Preliminary Landlord Plan"). Landlord and Tenant shall
cooperate in good faith to adopt a mutually acceptable Preliminary Landlord Plan.
b_ Upon Landlord's approval of the Preliminary Landlord Plan, Landlord shall promptly
prepare (or cause to be prepared) construction documents [i.e., those plans used for
submittal to the appropriate governmental bodies for all necessary permits and
approvals for Landlord's Work, if any] for Tenant's review and approval, which approval
shall not be unreasonably withheld, conditioned or delayed,The construction
documents, once approved, shall then constitute "Landlord's Improvement Plans"
c. Landlord shall submit the Landlord's Improvement Plans to the appropriate
governmental body for plan checking and issuance of necessary permits and approvals,
as applicable. Landlord and Tenant shall cooperate and use commercially reasonable
efforts to cause to be made any changes in the Landlord's Improvement Plans
necessary to obtain such permits and approvals; provided, however, any costs and
expenses resulting from the foregoing changes to Landlord's Work that exceed the
Improvement Allowance shall be borne at Tenant's sole cost and expense_
B. Defects in Landlord's Work. If Tenant fails to notify Landlord of any defects in the Landlord's
Work within 30 days of delivery of possession of the Premises to Tenant,Tenant shall be
deemed to have accepted the Premises in their then-existing condition. If Tenant discovers any
major defects in the Landlord's Work during this 30-day period that would prevent Tenant from
using the Premises for the Permitted Use,Tenant shall notify Landlord and the Commencement
Date shall be delayed until after Landlord has notified Tenant that Landlord has corrected the
...Text Disclaimer_Tact deleted by licensee indicated try sirilce_ aittV
New text Inserted try licensee indicated try small capita4 letters
LEASE AGREEMENT Brokers RIGHTS
Commercial R i
��� _ ALL F RESERVED
Gross Lease
RETTER S COMPANY
[Single Tenant- Gross Lease) CBA Form ST is I Single TenantRev.9/2o2a1
Page 22,24
major defects and Tenant has had five (5) days to inspect and approve the Premises.The
Commencement Date shall not be delayed if Tenant's inspection reveals minor defects in the
Landlord's Work that will not prevent Tenant from using the Premises for the Permitted Use.
Tenant shall prepare a punch list of all minor defects in Landlord's Work and provide the punch
list to Landlord,which Landlord shall promptly correct.
2. Improvements to be Completed by Tenant
A. Performance of Improvements. Subject to the terms and conditions of the Lease and any
Improvement Allowance provided herein,Tenant shall complete, at its sole cost and expense,
the work identified in the Tenant Improvement Plans (as such term is defined below) adopted
by Landlord and Tenant in accordance with the provisions below["Tenant's Work").Tenant's
Work shall be performed lien free and in a workmanlike manner,without interference with
other work, if any, being done in the Premises, including any of Landlord's Work, and in
compliance with all laws and reasonable rules promulgated from time to time by Landlord, its
property manager, architect, and contractors.
The work to be done by Landlord in satisfying its obligation to complete Landlord's Work under
the Lease shall be limited to the following [check one):
As identified below(check and describe all that apply);
FLOOR:
WALLS:
CEILING:
LIGHTING:
WASHROOM(S):
ELECTRICAL:
HVAC:
OTHER:
As mutually agreed upon between Landlord and Tenant as follows:
a. Within days (10 days if not filled in) after mutual acceptance of the Lease,Tenant
shall prepare and submit for Landlord's review a preliminary sketch of the improvements
to be performed by Landlord ["Preliminary Landlord Plan"). Landlord and Tenant shall
cooperate in good faith to adopt a mutually acceptable Preliminary Landlord Plan.
b. Upon approval of the Preliminary Tenant Plan by Landlord,Tenant shall promptly
prepare construction documents [i.e.,those plans used for submittal to the appropriate
governmental bodies for all necessary permits and approvals for the Tenant's Work, if
any) for Landlord's review and approval.The construction documents, once approved,
shall then constitute the "Tenant Improvements Plans."
c. Upon approval by Landlord,Tenant shall submit the Tenant Improvements Plans to the
appropriate governmental body for plan checking and issuance of necessary permits
and approvals.Tenant,with Landlord's approval, shall cause to be made any changes in
the Tenant Improvements Plans necessary to obtain such permits and approvals.
d. Landlord makes no warranty or representation of any type or nature with respect to the
adequacy or sufficiency of the Tenant Improvements Plans for any purpose. Landlord
makes no warranty or representation of any type or nature with respect to the quality,
suitability, or ability of contractor or the quality of the work or materials supplied or
performed with respect to the Tenant Improvements by contractor,the subcontractors,
Tenant's agents, or any other person or entity.
c-Text.isclaimer.Text deleted by licensee Indicated by sYrlke_ �
New text d inserte by Licensee indicated by small capital letters_
LEASE AGREEMENT Commercial 8rokeTS RES E ED
S�N ALL
CBA Form ST_LS!Single Te antG oss RV ase
R ETTER&COMPANY [Single Tenant-Gross Lease] Rev_9J20207
Page 23,24
B. General Requirements.Tenant shall submit to Landlord, prior to the commencement of the
construction of Tenant's Work,the following information for Landlord's review and approval
[check all that apply):
The names, contact names, addresses, and license numbers of all general contractors and
subcontractors Tenant intends to use in the construction of Tenant's Work.
A reasonably detailed schedule for Tenant's performance of Tenant's Work (including,
without limitation,the date on which Tenant's Work will commence,the estimated date of
completion of Tenant's Work, and the date on which Tenant expects to open for business in the
Premises).
Evidence of insurance as required in the Lease and any other insurance usual and
customary for performance of Tenant's Work and requested by Landlord.
Copies of all required governmental permits.
C. Contractor Qualifications.All contractors and subcontractors to perform Tenant's Work shall be
licensed contractors, capable of performing quality workmanship and working in harmony with
Landlord's general contractor on the Premises, if any. Upon notice from Landlord,Tenant shall
stop using for cause contractor or any subcontractor to stop using) any person or entity
disturbing labor harmony with any work force or trade engaged in performing Tenant's Work or
other work, labor, or services in or about the Premises.All work shall be coordinated with any
on-going construction work on the Premises. Landlord shall have the right to disapprove, in
Landlord's reasonable discretion, any contractor or subcontractor which Tenant desires to
engage for Tenant's Work.
3. Improvement Allowance
Provided there is no uncured Event of Default by Tenant under the Lease, upon completion of
Landlord's Work or Tenant's Work, as applicable, Landlord shall provide an allowance
("Improvement Allowance")toward the costs and expenses associated with improvements to the
Premises in accordance with the following [check one):
$ per rentable square foot of the Premises.The Improvement Allowance shall be
used only for[choose one): Landlord's Work, or Tenant's Work,excepting . If
costs associated with completing Tenant's Work exceed the Improvement Allowance, or if any
costs of Tenant's Work are not to be paid out of the Improvement Allowance,then the excess or
excluded amount shall be paid directly by Tenant.
X None;Tenant shall be obligated to pay all costs, expenses and fees associated with
completing the Tenant's Work in accordance with the Tenant Improvement Plans.
None; Landlord shall be obligated to pay all costs, expenses and fees associated with completing
the Landlord's Work in accordance with the Landlord Improvement Plans, however, excepting any
costs related to Tenants'furniture, cabling,fixtures and equipment, Signage, design services, and
and in no event in an amount exceeding $
4. Removal of Improvements/Surrender.The following scope of Tenant's Work[check one):
shall become the property of Landlord
shall be removed by Tenant at its sole cost and expense
5. X Other Conditions:
Tenant to be responsible for insuring the building and property with Landlord named as additional
insured.
CBA Text Oisciairner Text deleted by licensee indicted by strike.
New text inserted by licensee indicated by small capital letters.
APSVN LEASE AGREEMENT Commercial Brokers oc;atioi,
ALL RIGHTS SERVED
R ETTER li COMPANY
CBA Form sT_ls Single Tenant RGross,Lease[Single Tenant-Gross Leasej01
Page 24l24
EXHIBIT C
[Decommissioning]
Seller provided Subaru Retail Facility Decommissioning Guidelines. All items listed belong to
McCurley Subaru of Yakima LLC and will be removed at the termination of the lease.
CBA Text Disclaimer.Text deleted tyr licensee indicated by strike-
Flew text inserted by licensee indicated by small capital Letters.
�1. �, FZgerat Rider Gv.----a[8ro..... Ass...,-.ort 2017
11,1 ALL RIGI-TTS RESERVEQ
..BA Form RR.Rer1t Rider,Rav_Olf20l"1
R ETTER 8.COMPANY' Pag-7p7
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X -I- BASE M4..am,HI_Y RENT SGHEQ[JLE_ TenaI,t shall pay Landlord base r.or-.th1 rerit during the
Lease Term accorciirIg to the folio ,,ii, schedt_ile:
Term-, Ar-irival Gross Rath[ sf] .4arit In.I Fri=r-it
Year l $16.09 33_9-75.00
Yea r, 'I 6.5. 1;34_994_ZS
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