HomeMy WebLinkAboutCalvary Chapel of Yakima - Lease Agreement LEASE AGREEMENT BETWEEN
CITY OF YAKIMA AND CALVARY CHAPEL OF YAKIMA
This Commercial Lease Agreement ("Lease") is entered into between the City of Yakima
("Landlord") and the Calvary Chapel of Yakima ("Tenant"). It shall become effective upon final
signature.
BASIC LEASE PROVISIONS
Premises: Approximately four square feet for the placement of an FM radio transmitter at the
address below.
Premises Address: 511 N 40th Ave, Yakima, WA 98908.
Base Rent: $70 per month during the first term, $80 per month during any renewal period,
inclusive of electricity.
Lease Period: 3 years, with optional 2-year renewal.
Address for Notices:
Landlord: 401 North Front Street, 2nd Floor, Yakima, WA 98901, Attn: Fire Chief
Tenant: 1021 S 40th Ave, Ste 7, Yakima, WA 98908
The parties agree as follows:
1. Grant of Lease. Landlord hereby leases to Tenant the Premises subject to the terms of this
Lease.
2. Delivery of Possession. Tenant is already in possession of the Premises.
3. Lease Term.
3.1. Term. The Term shall be a period of 3 years commencing on the effective date and
ending at 11:59 p.m. on the last day of such period, unless the Term is extended or sooner
terminated. The Lease shall renew for one additional term of 2 years upon written notice to
Landlord no later than 30 days before the expiration of the initial 3-year term.
3.2. Effective Date. Effective Date shall be the date of final signature of this agreement.
4. Rent.
4.1. Monthly Rent. Tenant shall pay to Landlord monthly rent as specified above, due in
advance of the 5th day of each calendar month during the lease term, except for the initial
month of this Lease, which shall be due within 10 business days of the date of last signature of
this Lease.
5. Taxes and Liens. In addition to rent, Tenant agrees to pay all licenses, fees and taxes,
required to be paid by Tenant by reason of this Lease. Tenant shall neither suffer nor permit the
attachment of any lien or other encumbrance on the leased premises by reason of Tenant's
occupancy thereof. Tenant agrees to indemnify Landlord and shall hold Landlord harmless from
any such taxes and liens.
6. Use. Tenant shall only use the property for the placement of a single FM transmitter with an
output no greater than 100 watts and all activities incidental to the same. Tenant staff, subject to
conditions as approved by Landlord, may access the Premises for the purpose of maintaining,
replacing, or otherwise operating the FM transmitter. The use of the property for any other
purpose shall be deemed a material breach of this Lease constituting grounds for its
termination.
7. Maintenance.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.
8. Alterations and Improvements.
8.1. Prior Consent. Tenant shall not make any alterations, additions or improvements to
the Premises without the written approval of Landlord.
8.2. 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. Landlord shall pay all charges for electricity and other basic utilities on the leased
Property during the term of this Lease.
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. 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.
11.3 Other Conditions. Tenant agrees to abide by any other conditions of use
requested by the Landlord, and Tenant's sole remedy, should Tenant disagree with any such
conditions, shall be termination of this Lease.
12. Insurance. Tenant 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 $4,000,000 per occurrence combined single limit bodily injury and property
damage, and $4,000,000 general aggregate. The policy shall be primary and non-contributory,
and must contain an explicit waiver of subrogation. This insurance requirement can be satisfied
with a combination of commercial general liability insurance and excess or umbrella liability
insurance coverage. If Tenant 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.
13. Event of Default. A default under this Lease by Tenant shall exist if any of the following
events occur.
(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 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
14. Termination. Either party may terminate this Lease for convenience with 30-day written
notice to the other party.
In the event Tenant breaches this Lease, Landlord may terminate the Lease without notice, in
which event Tenant shall immediately surrender the Premises to Landlord. If Tenant fails to do
so, Landlord may without notice and without prejudice to any other remedy Landlord may have,
enter upon and take possession of the Premises and expel or remove Tenant and its effects
without being liable to prosecution or any claim for damages therefor.
15. Indemnity. Tenant shall indemnify, release, defend, and hold harmless Landlord and
Landlord's officials, employees, agents, and/or volunteers for any and all demands, damages,
liabilities and expenses arising from or relating to this Lease.
16. 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. Any property of Tenant, or anyone claiming under Tenant, which shall
remain upon the premises at the expiration or termination of this Lease shall be deemed to have
been abandoned and may be retained by Landlord as Landlord's property or disposed of by
Landlord in such manner as Landlord sees fit without compensation to any party.
17. General Provisions.
17.1. 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.
17.2. Successors. The provisions of this Lease shall extend to and be binding upon
Landlord and Tenant and their respective legal representatives, successors and assigns.
17.3 No Assignment. Tenant shall not assign, transfer, mortgage or encumber this
Lease or sublet the Premises without obtaining prior written consent of Landlord, nor shall any
assignment or transfer of this Lease be effectuated by operation of law or otherwise without the
prior written consent of Landlord, which may be withheld in the sole and absolute subjective
discretion of Landlord.
17.4. Entire Agreement. This Agreement terminates and supersedes all prior
understandings or agreements on the subject matter hereof. This Agreement may be modified
only by a further writing that is duly executed by both parties.
17.5. Governing Law and Venue. This Contract shall be governed by and construed in
accordance with the laws of the State of Washington. The venue for any action to enforce or
interpret this Contract shall lie in the Superior Court of Washington for Yakima County,
Washington.
17.6. Severability. A determination by a court of competent jurisdiction that any
provision of this Lease is invalid or unenforceable will not invalidate the remainder of that
provision or any other provision of this Lease, which will remain in full force and effect.
17.7. Binding Effect. The terms, provisions and covenants and conditions contained in
this Lease shall apply to, inure to the benefit of, and be binding upon, the parties hereto and
upon their respective heirs, legal representatives, successors and permitted assigns.
17.8. Amendments. This Lease may be modified only in writing, signed by the Parties in
interest at the time of the modification.
17.9. 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.
17.10. Time of the Essence. Time is of the essence in the performance of all 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.
Landlord:
City of Yakima
By:
Bob Harrison, City Manager __,.•....
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Date: ( t i ( Dr 3 .0*
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Attest: lo :)rl ��tL��1°L4 v % *— 'Cy Clerk '� ��, �. .0
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Contract Number: 903-- 18"
Tenant:
By:
Nam itle:
Date: 7 d .3