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HomeMy WebLinkAboutAgreements/Contracts - New Hope DV/SACOMMERCIAL LEASE AGREEMENT THIS LEASE is made and entered into as of this da of , 2022 b Y Y and between: MARIO PADILLA AND CINDY PADILLA, husband and wife, hereinafter referred to as "THE LESSOR" and GRANT COUNTY, dba NEW HOPE, a governmental entity, hereinafter referred to as "THE LESSEE" RECITALS: A. THE LESSOR owns the below described premises and THE LESSEE desires to lease the said premises from THE LESSOR. NOW THEREFORE, for and in consideration of the covenants and conditions herein and other valuable consideration, THE LESSOR leases to THE LESSEE, who accepts this Lease, a portion of 311 Third Avenue, Moses Lake, WA more particularly described as follows: Lots 1 thru 6, Block 37, Guffin Tract No. 2, according to the plat thereof recorded in Volume 2 of Plats, page 107, records of Grant County, Washington. Parcel Nos. 09-1578-000; 09-1579-000; 09-1580-000 More specifically this lease is for Suites A, B, C, D, E, and F consisting of approximately 3035 sq. ft and the common area (hallways, kitchen, and bathrooms) consisting of approximately 735 sq. ft.; ALL UPON THE FOLLOWING TERMS AND CONDITIONS: 1. TERM: The term of this Lease shall commence on August 1, 2022, and shall terminate on July 31, 2029, and THE LESSEE shall be entitled to possession throughout such term provided THE LESSEE continuously complies with the terms and conditions herein. 2. RENTAL: THE LESSEE shall pay, as rental the sums according to the below schedule of rent: Commercial Lease Page 1 Rent is due, in advance, without receipt of a billing or statement, the first day of each month and is to be paid directly to THE LESSOR. A one and one-half percent (1.5%) service charge will be collected for payments received after the tenth of the month for the month in which they are due. If any check received by THE LESSOR is returned for any reason, THE LESSOR will make an additional charge of Twenty -Five Dollars ($25.00). In the event the term of this Lease shall begin or end other than on the first day of a calendar month, the rental for any such partial month shall be pro -rated. Rental for months other than partial months shall be paid on the first day of each calendar month, in advance for the ensuing month. 3. OTHER TAXES,: THE LESSEE shall pay all taxes, licenses and fees, which by law are imposed on THE LESSEE, by reason of THE LESSEE'S operations or upon any of THE LESSEE'S personal property situate in or about the leased premises. If other taxes, licenses or fees, which by law are ,imposed on THE LESSEE or assessed upon the premises leased herein during the term of this Lease by any governmental agency, THE LESSEE shall reasonably pay same. 4. USE: THE LESSEE shall not use said premises for any other purpose other than the use of general executive office space and the uses resulting thereby without the prior written consent of the Lessor, in which said consent shall not be unreasonably withheld. THE LESSEE agrees that no stock of goods will be carried or anything done in or about the premises which will increase the present rate of insurance. The rental contained herein is predicated on, among other things, THE LESSOR'S existing insurance premiums, and in the event that THE LESSEE'S Commercial Lease Page 2 2 Year Year Year Year Year Year One Two Three Four Five Year Six Seven 8/1/2022 8/1/23- 8/1/24- 8/1/25- 8/1/26- 8/1/27- 811128- 7131123 7/31/22 7/31/25 8/31/26 7131127 7/31/28 7/31/29 New Hope Rent $49013.97 $4,174.51 $4,341.51 $4,515.17 $45695.78 $4,883.61 $55078.95 Landlord Donated Portion $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 Net Amount Due from New Hoe $35713.97 $3,874.53 $4,041.51 $45215.17 $45395.78 $45583.61 $4,778.95 Rent is due, in advance, without receipt of a billing or statement, the first day of each month and is to be paid directly to THE LESSOR. A one and one-half percent (1.5%) service charge will be collected for payments received after the tenth of the month for the month in which they are due. If any check received by THE LESSOR is returned for any reason, THE LESSOR will make an additional charge of Twenty -Five Dollars ($25.00). In the event the term of this Lease shall begin or end other than on the first day of a calendar month, the rental for any such partial month shall be pro -rated. Rental for months other than partial months shall be paid on the first day of each calendar month, in advance for the ensuing month. 3. OTHER TAXES,: THE LESSEE shall pay all taxes, licenses and fees, which by law are imposed on THE LESSEE, by reason of THE LESSEE'S operations or upon any of THE LESSEE'S personal property situate in or about the leased premises. If other taxes, licenses or fees, which by law are ,imposed on THE LESSEE or assessed upon the premises leased herein during the term of this Lease by any governmental agency, THE LESSEE shall reasonably pay same. 4. USE: THE LESSEE shall not use said premises for any other purpose other than the use of general executive office space and the uses resulting thereby without the prior written consent of the Lessor, in which said consent shall not be unreasonably withheld. THE LESSEE agrees that no stock of goods will be carried or anything done in or about the premises which will increase the present rate of insurance. The rental contained herein is predicated on, among other things, THE LESSOR'S existing insurance premiums, and in the event that THE LESSEE'S Commercial Lease Page 2 2 usage shall cause an increase in the rate or rating, then in that event, THE LESSEE shall reimburse THE LESSOR for any resulting increase. 5. OPERATING COSTS: Tenant and Landlord to be responsible for the operating costs of the Premises in accordance with the following table: Operating Costs Paid by LESSEE Paid By LESSOR Paid by LESSOR; Reimbursed by LESSEE Property Taxes 100% Building Casualty Insurance 100% Business License 100% Water/Sewer/Garbage X Electricity/Gas X Telephone 100% Liability Insurance 100% Snow Removal/Parking Lot Cleaning * X Landscape Maintenance * X Premises Janitorial 100% Comm. Area Janitorial 100% Building Interior Maintenance * X HVAC Maintenance & Repair * X *Tenant reimburses the Landlord for 100% of the total expense for the building for these items as additional rent. 6. MAINTENANCE AND REPAIR: (a) THE LESSOR shall make all necessary repairs to the interior of the leased premises, including window and plate glass and the fixtures and equipment therein or used in connection therewith, including the maintenance of all fixtures and equipment located within the leased premises, which repairs shall be in quality and class equal to the original work, in order to maintain said premises, fixtures, and equipment in good condition and repair, provided, however, that THE LESSEE shall be responsible for any painting, carpeting, or any repair necessitated by THE LES SEE's neglect or omission. THE LESSEE shall at all times keep the building, cartilage, and the common areas in a neat and clean condition, and shall commit no waste of any kind. THE LESSEE agrees to keep all rubbish and garbage in containers while on the leased premises and shall dispose of all of such rubbish and garbage in the dumpster or other containers located on the lease premises. THE LESSEE shall perform and provide for all of THE LESSEE's Commercial Lease Page 3 janitorial services required on the leased premises. THE LESSEE is required to furnish and use floor mats under all chairs behind desks. (b) THE LESSOR shall maintain the HVAC, heating, air-conditioning (including recharging of system and replacement of filters as required by the manufacturer), plumbing, and heating lines; however, all repairs to the HVAC, heating, air-conditioning, plumbing, and heating lines necessitated by the action of THE LESSEE or THE LESSEE's agents or employees shall be at the expense of THE LESSEE. (c) THE LESSEE, at its sole cost and expense, shall regularly monitor the premises for the presence of mold or any conditions that reasonably can be expected to give rise to mold and shall promptly notify THE LESSOR in writing if THE LESSEE suspects mold at the premises. (d) The costs of maintenance and repairs are allocated according to Paragraph 5 herein. If THE LESSEE fails to perform its obligations of maintenance or repair hereunder, THE LESSOR is authorized to come onto the leased premises, make such repairs and perform such maintenance, and upon billing to THE LESSEE by THE LESSOR, THE LESSEE shall reimburse THE LESSOR for the costs of such repairs plus interest thereon at the rate of Twelve Percent (12%) per annum. Upon the expiration of or prior termination of this Lease, THE LESSEE shall remove all property of THE LESSEE from the premises, except plumbing and other fixtures and leasehold improvements which may have been installed by THE LESSEE and except as otherwise provided in this Lease, and surrender the leased premises to THE LESSOR "broom clean" in as good order and condition as they were upon THE LESSEE commencing business, or were placed by THE LESSEE thereafter, ordinary wear and tear and damage by fire excepted. Any property left on the premises after the expiration or other termination of this Lease may be disposed of by THE LESSOR in any manner and without any liability to the Lessee. 7. SAFETY AND HEALTH REGULATIONS: THE LESSEE shall maintain the leased area in accordance with the latest regulations of OSHA, WISHA and the Uniform Fire Code. THE LESSEE shall provide adequate fire extinguishers to the leased area in accordance with WISHA, and the Uniform Fire Code, and shall be responsible for maintenance and associated costs of said fire extinguishers and all other safety requirements as prescribed by WISHA and the Uniform Fire Code. Commercial Lease Page 4 l�d� 8. STORAGE AND HANDLING OF MATERIALS: THE LESSEE will be responsible for the handling and storing of all materials in accordance with the Uniform Fire Code and all applicable federal, state, county and municipal regulations relating thereto, and that all manufacturing processes and procedures will comply with said codes and governmental regulations. No outdoor storage of materials and supplies or equipment, or outside operations or pursuits shall be allowed, unless THE LESSEE first obtains approval for such storage in writing from THE LESSOR. 9. THE LESSOR'S ACCESS FOR INSPECTION: LESSEE will allow THE LESSOR or THE LESSOR'S agents, free access to said premises at all reasonable times, subject to LESSEE'S security requirements and twenty four (24) hours notice, for the purpose of inspections, including without limitations fire and safety inspections or of making repairs, additions or alterations to the premises or any property owned by or under the control of THE LESSOR, but this right shall not be construed as an agreement on the part of THE LESSOR to make any repairs, all of such repairs to be made by THE LESSEE except as provided in Paragraph 6 hereof. THE LESSOR shall have the right to place and maintain "For Rent" signs in a conspicuous place on said premises for Thirty (30) days prior to the expiration of this Lease. 10. INSPECTION AND RELIANCE: THE LESSEE agrees that it has made full inspection of said described premises and that neither THE LESSOR nor its successors shall be held to any covenant respecting the condition of said premises or improvements nor to any agreement for alterations, improvements or repairs unless the agreement relied on be in writing and attached and made a part of this Lease. THE LESSEE relies solely upon the inspection and familiarity with the premises in entering into this Agreement. THE LESSEE acknowledges that THE LESSEE does not rely upon any statement or representation of THE LESSOR or any person in THE LESSOR'S behalf in entering into this Lease. THE LESSEE further acknowledges that this Agreement is accepted and executed on the basis of THE LESSEE'S own examination and personal knowledge of the property and opinion of the Lease value thereof. 11 _ FTRF. CSR CAgTTAT.TV T)AMAC-rF.- (a) Should the building facilities be damaged by fire or other casualty, THE LESSEE shall immediately notify THE LESSOR of such damage and if the damage is repairable within Six (6) weeks working time (with the repair work and the preparations therefore to be done Commercial Lease Page 5 during regular working hours on regular work days), the damage shall be repaired with due diligence by THE LESSOR, and in the meantime, the monthly rental shall cease. (b) Should the building be completely destroyed by fire or other casualty, or should the building and the parking area be damaged to such extent that the damage cannot be repaired within Six (6) weeks working time, THE LESSOR shall have the option to terminate this Lease on Thirty (30) days notice, effective as of any date not more than Sixty (60) days after the occurrence. In the event that this paragraph shall become applicable, THE LESSOR shall advise THE LESSEE within Thirty (30) days after receiving notice of the damage whether THE LESSOR has elected to continue the Lease in effect or to terminate it. If THE LESSOR shall elect to continue this Lease in effect, it shall commence and prosecute with due diligence any work necessary to restore or repair the premises. 12. DAMAGE TO LES SEE' S PROPERTY OR PREMISES: (a) THE LESSOR and its agents shall not be liable in damages, by abatement in rent or otherwise, for any damage either to the person or the property of THE LESSEE, or for the loss of or damage to any property of THE LESSEE by theft or from any other cause whatsoever, whether similar or dissimilar to the foregoing. THE LESSOR or its agents shall not be liable for any injury or damage to persons or property, or loss or interruption to business resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, snow, or leaks from any part of the building, or from the pipes, appliances, or plumbing works, or from the roof, street, or subsurface, or from any other place, or by dampness, or by any cause of whatsoever nature; nor shall THE LESSOR or its agents be liable for any damage caused by other tenants or persons in said building, or caused by operations in construction of any private or public or quasi -public work. None of the limitations of the liability of THE LESSOR or its agents provided for in this subsection (a) shall apply if such loss, injury, or damages are proximately caused by the gross negligence or breach by THE LESSOR, its agents, employees, or independent contractor. (b) THE LESSEE shall be liable for any damage to the building or property therein which may be caused by its act or negligence, or the acts of his agents, employees, or customers, and THE LESSOR may, at its option, repair such damage, and the said Lessee shall thereupon reimburse and compensate THE LESSOR as additional rent, within 30 days after rendition of a statement by THE LESSOR, for the total cost of such repair and damage. 13. INSURANCE: Commercial Lease Page 6 (a) THE LESSEE hereby indemnifies and agrees to hold THE LESSOR harmless and free from damages sustained by person or property, and against all claims of third persons for damages arising out of THE LESSEE's use of the leased premises, and for all damages and monies paid out by THE LESSOR in settlement of any claim or judgments, as well as for all expenses and attorney's fees incurred in connection therewith. (b) THE LESSEE shall, during the entire term of this Lease and any renewal hereof, keep in full force and effect a policy of public liability and property damage insurance with respect to the leased premises, and the business operated by THE LESSEE. (c) THE LESSOR, at its sole cost and expense, agrees to keep the building and improvements (including the leased premises) insured against loss or damage by fire or other casualty insurable under standard fire and extended coverage insurance in an amount equal to the full current replacement cost of said building(s). 14. ASSIGNMENT OR SUB -LETTING: THE LESSEE shall not assign this Lease in whole or in part nor shall THE LESSEE sub -let any or all of the premises, except with written consent of THE LESSOR first had, which said consent shall not be unreasonably withheld. Any attempted assignment or sub -lease without such consent shall be voidable at the option of THE LESSOR and no assignment or sub -lease shall relieve THE LESSEE of its obligations hereunder. Notwithstanding, LESSEE may sub -let to any of its wholly owned subsidiaries, companies or enterprises. 15. ALTERATION OF PREMISES: No construction shall be carried on by THE LESSEE without the written consent of THE LESSOR and any construction shall be in accordance with plans and specifications which have been approved in writing, in advance, by THE LESSOR. THE LESSEE shall perform all such construction in accordance with all state and local building and electrical codes and obtain all necessary permits and inspections as are required. It is agreed that any improvements and new construction, alterations and remodeling undertaken on the leased property shall be at no cost to THE LESSOR, and THE LESSOR shall be held harmless from any costs thus incurred in providing for said alterations, modifications or remodeling, unless specifically otherwise agreed to in writing. In the event of removal of such structure or improvement, THE LESSEE shall restore the premises to its original condition and configuration, unless such restoration is waived in writing by THE LESSOR. Any improvement Commercial Lease Page 7 installed on the leased premises and permanently affixed to the premises, will become a part of THE LESSOR'S property at the termination of the Lease. THE LESSEE will be responsible to pay all taxes on such personal property improvements prior to termination of the Lease. THE LESSEE will be responsible for notifying those taxing agencies that would be responsible for collecting the appropriate taxes for those improvements that are considered permanent in nature. Personal property items affixed to the premises with intent that such items be removed at the termination of the Lease and trade fixtures may be removed at the termination of the Lease if such removal can be accomplished without damage to the premises. THE LESSOR shall have the right to assess additional leasehold tax to any improvements by LESSEE that at the LESSOR'S discretion are considered permanent in nature. 16. NOTICES: Any notice to be given or served for any reason whatsoever, whether pursuant to the terms of this Lease or any provision of law, shall be sent by certified mail to the parties hereto as follows: THE LESSOR: Mario Padilla and Cindy Padilla 10281 Baseline E Road Moses Lake, WA 98837 THE LESSEE: Grant County dba New Hope c/o Grant County Commissioners P.O. Box 37 Eprhata, WA 98823 If, for any reason, a change of address is made, then the party making said change shall notify, by certified mail, or personally serve, the other party of the new address. 17. DEFAULT: If any rents reserved, or any part thereof, shall be and remain unpaid when the same shall become due, or if THE LESSEE shall violate or default in any of the covenants and agreements herein contained, then THE LESSOR may cancel this Lease upon giving Thirty (30) days notice for failure to pay or for any other violation, and THE LESSOR shall have the right, after expiration of the notice period to re-enter and take possession of said premises. Notwithstanding such re-entry by THE LESSOR, the liability of THE LESSEE for the rent, taxes and utilities provided for herein shall not be extinguished for the balance of the term of this Lease. THE LESSEE shall continue to pay the rent, taxes and utilities as they become Commercial Lease Page 8 due, and covenants and agrees to make good to THE LESSOR any deficiency each month as the amount thereof is ascertained by THE LESSOR. No action of THE LESSOR in terminating this Lease or taking possession of the premises shall impair or reduce THE LESSOR'S rights under any bond or other security. 18. ACTS OF DEFAULT: The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by THE LESSEE: (a) The vacating or abandonment of the premises by THE LESSEE; (b) The failure of THE LESSEE to make any payment of rent or any other payment required to be made by THE LESSEE hereunder, as and when due, where such failure shall continue for a period of Thirty (30) days after written notice thereof from THE LESSOR to THE LESSEE; (c) The failure by THE LESSEE to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by THE LESSEE, other than described in paragraph (b) above, where such failure shall continue for a period of Thirty (30) days after written notice thereof from THE LESSOR to THE LESSEE; provided, however, that if the nature of THE LESSEE'S default is such that more than Thirty (30) days are reasonably required for its cure, then THE LESSEE shall not be deemed to be in default if THE LESSOR determines that THE LESSEE has commenced such cure within said Thirty (30) day period and thereafter diligently prosecutes such cure to completion. (d) The making by THE LESSEE of any general assignment or general arrangement for the benefit of creditors; (e) The filing by or against THE LESSEE of a petition to have THE LESSEE adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against THE LESSEE, the same is dismissed within Twenty (20) days); (f) The appointment of a trustee or receiver to take possession of substantially all of THE LESSEE'S assets located at the premises or of THE LESSEE'S interest in this Lease where possession is not restored to THE LESSEE within Thirty (30) days; or (g) The attachment, execution or other judicial seizure of substantially all of THE LESSEE'S assets located at the premises or of THE LESSEE'S interest in this Lease where seizure is not discharged within Thirty (30) days. Commercial Lease Page 9 19. REMEDIES IN EVENT OF DEFAULT: If a default occurs: THE LESSOR shall have any one or more of the following remedies at its election: (a) Without barring later election of any other remedy, THE LESSOR, without taking possession of the demised premises, may require strict performance of all of the covenants and obligations hereof as the same shall respectively accrue and shall have the right of action therefore; (b) Without barring later election of any other remedy, THE LESSOR may take possession of the demised premises through suit or otherwise, for the purpose of reletting them for the account of THE LESSEE, and in that event may relet the premises, or any part thereof, at such rental and upon such terms and conditions as THE LESSOR may deem proper, for any term not exceeding the then unexpired term of this Lease. In such event, THE LESSEE shall be liable for any and all expenses incurred by THE LESSOR in or about such reletting, including agents' or brokers' commissions and attorney fees. THE LESSEE shall be entitled to credit for the net amount of rental so received after deducting such expenses and any other items properly chargeable against THE LESSEE under the terms hereof, and shall pay THE LESSOR such sums as may be required from time to time to make up the rental provided for in this Lease, and THE LESSEE shall likewise continue to be liable for the performance and observance of all other covenants and conditions hereof. THE LESSOR shall have, from time to time as the same accrue, or at any longer intervals, or at or after the expiration of said term, right of action against THE LESSEE for all same so accruing, and the statute of limitations shall not commence to run against such right of action until the expiration of the term of this Lease. (c) THE LESSOR may take possession of the demised premises, through suit or otherwise, and may relet the same for the entire remaining term of this Lease or for any longer term. In such event, at the option of THE LESSOR, THE LESSEE shall be forthwith liable, and THE LESSOR shall have the right of action, immediately or at any later time, for any difference between the aggregate of the unpaid sums then accrued and thereafter to accrue under the terms hereof, and the net amounts actually or presumptively to be realized (during the unexpired term of this Lease) through such reletting, after deducting brokers' commissions, attorney fees and any other expenses chargeable against THE LESSEE. Commercial Lease Page 10 The right and remedies of THE LESSOR under this Lease shall be cumulative and in addition to any other rights given to THE LESSOR by law, and the exercise of any right or remedy shall not impair THE LESSOR'S right to any other remedy; provided by law or in equity. 20. WAIVER OF RIGHTS: The failure of THE LESSOR to insist upon strict performance of any of the covenants and agreements of this Lease, or to exercise any option or right herein conferred, shall not be construed to be a waiver or relinquishment of any such option or right, or any other covenants or agreements, but the same shall be and remain in full force and effect. 21. REMOVAL OF PROPERTY: In the event of any entry in, or taking possession of, the leased premises, as aforesaid, THE LESSOR shall have the right, but not the obligation, to remove from the leased premises all personal property located therein, and may store the same in any place selected by THE LESSOR, including but not limited to a public warehouse, at the expense and risk of the owners thereof, with the right to sell such stored property, after it has been stored for Thirty (30) days or more, without notice to THE LESSEE. The proceeds of such sale shall be applied first to the cost of such sale, second to the payment of the charges for storage, if any, and third, to the payment of any other sums of money which may then be due from THE LESSEE to THE LESSOR under any of the terms hereof. The balance, if any, shall be paid to THE LESSEE. 22. TRANSFER OF OBLIGATION: The covenants and agreements of this Lease shall be binding upon heirs, legal representatives, successors and assigns of any or all of the parties hereto. 23. NON-DISCRIMINATION: THE LESSEE agrees not to discriminate against any person or class of persons by reason of race, color, creed, national origin or sex in the use of the premises herein demised. 24. ATTORNEY FEES: It is understood and agreed that in the event it is necessary for either party to engage the services of an attorney to enforce any provision of this Lease, the prevailing party in such action shall be entitled to reasonable attorney fees in any state or federal court, including attorney fees and costs on appeal, in addition to the statutory attorney fees, even though said suit results in the forfeiture of this Lease. At THE LESSOR'S option, the venue of any court proceedings shall lie in Grant County, Washington. Commercial Lease Page 11 0 In the event that THE LESSOR employs an attorney for the purpose of sending a notice to THE LESSEE for the defaults or covenant violations of THE LESSEE, then THE LESSEE shall pay a reasonable attorney fee for the preparation and costs of delivery of the said notice. 25. TIME OF ESSENCE: Time is of the essence of each and every condition of this Lease and the failure of THE LESSOR to insist upon strict performance of any of the covenants and agreements of this Lease, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 26. CONDEMNATION: If the premises or any portion thereof are taken under the power of eminent domain or sold by THE LESSOR under the threat of exercise of such power (all of which is herein referred to as "condemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever occurs first. 27. HOLDING OVER: If THE LESSEE shall, with the consent of THE LESSOR or THE LESSOR'S agent, hold .over after the expiration of the term of this Lease, such tenancy shall be for an indefinite period of time on a month-to-month tenancy, which tenancy may be terminated as provided by the laws of the State of Washington. During such tenancy THE LESSEE agrees to pay to THE LESSOR the same rental sum as was due prior to the expiration of the lease. 28. SIGNS: THE LESSEE shall not install nor maintain any sign anywhere on the property constituting the leased premises whether neon, translucent, plastic, or otherwise, unless plans and specifications shall first be submitted to THE LESSOR in writing, and THE LESSOR shall have the right to direct and determine the size, content, design, construction, and location of such sign on the premises. 29. GENERAL LEASE TERMS: (a) Time: Time is of the essence of this Lease and of each covenant and condition to be performed hereunder. (b) Interpretation: Except where the context of this Lease clearly requires another interpretation, plural words have been used to include the singular, and masculine, feminine and neuter words have been used interchangeably. Use of the word "may", shall denote an option or privilege and shall impose no obligation upon the party, which may exercise such option or Commercial Lease Page 12 privilege; use of the word "shall", shall denote a duty or an obligation. The paragraph headings used herein are for convenience only and shall not be resorted to for interpretation. (c) Binding: This Lease shall inure to and be binding on all parties, their estates, heirs, personal representatives, successors in interest and assigns. (d) Entire Agreement: It is expressly agreed that this is an integrated Lease and embodies the full, entire and integrated agreement of the parties hereto and supersedes all prior negotiations and agreements and that there are no other representations or warranties, express or implied, concerning this Lease, except as specifically stated herein. All prior representations, conversations or preliminary negotiations shall be deemed to be merged in this Lease or to be refected. (e) Extension of Time: Any extension of time in payments or acceptance of part thereof, or failure of THE LESSOR to enforce promptly any other breach of this Lease by THE LESSEE shall not be construed as a waiver on the part of THE LESSOR of the strict performance of all of the covenants and conditions herein, and shall not prejudice any of THE LESSOR'S remedies. (f) Applicable Law: This Lease shall be governed by and construed under the laws of the State of Washington. (g) Invalidity: If any provision of this Lease, or portion thereof, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. (h) Remedies Cumulative: All remedies provided in this Lease are distinct and cumulative to any other right or remedy under this Lease or afforded by law or equity, and may . be exercised concurrently, independently or successively. (i) Authority: THE LESSEE warrants and represents to THE LESSOR that THE LESSEE'S execution of this Lease has been duly authorized by THE LESSEE. 30. SECURITY DEPOSIT. THE LESSEE has previously tendered the sum of Two Thousand Seven Hundred and 00/100 Dollars ($2,700.00), the receipt of which is acknowledged by THE LESSOR, as a Security Deposit for the performance of THE LESSEE's obligations hereunder. THE LESSEE hereby agrees, acknowledges and understands that all or a portion of the Security Deposit may be retained by THE LESSOR upon termination of the Commercial Lease Page 13 tenancy and/or that a refund or any portion of the Security Deposit to THE LESSEE is conditioned as follows: (1) THE LESSEE shall have complied with all of the conditions of this Lease. (2) THE LESSEE shall clean and restore the leased premises to its condition at the commencement of this Lease, less wear and tear from normal usage. (3) THE LESSEE shall replace or repair any missing or damaged personal property by THE LESSOR, including keys. Within fourteen (14) days after the termination of the tenancy and vacation of the Premises, THE LESSOR shall mail to THE LESSEE, at such address as specifically set out herein, a full specific statement on the basis for retention of any or all of the Security Deposit, together with payment of any refund due to THE LESSEE. // REMAINDER OF PAGE INTENTIONALLY LEFT BLANK // Commercial Lease Page 14 DATED this day of Xldt",r- , 2022. ATTEST: THE LESSOR THE LESSEE GRANT COUNTY dba NEW HOPE EXECUTED BY: BOARD OF COUNTY COMMISSIONERS GRANT COUNTY WASHINGTON Danny E. tone, Chair Rob Jon�,-ce-Chair ,Barbara J. Va)'q7uez, Clerk of the Board Cindy CaVer, Member Commercial Lease Page 15 Approved as to form: t, eo Rebekah Kayldf,WS-BA #'.5.=3257 Civil Deputy Prosecuting Attorney Date: 111PI22,