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HomeMy WebLinkAboutAgreements/Contracts - Renew� y K23-075 REAL ESTATE LEASE This Lease .A regiment (this "Lease") is dated April 10, 2023, by and betw een Jose M Rodriguez M ("Landlord"), and Grant County dba Renew ("Tenant"). The parties agree as follows: PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant Unit C with 4 offices (the "Premises") located at 221 Government Rd, Mattawa, Washington 99349, TERM. The lease term will begin on May 01, 2023 and will terminate on April 30, 2025. LEASE PAYMENTS. Tenant shall pay to Landlord monthly installments of $1 400,00, payable in advance on the first day of each month, for a total lease payment of $33,600,00, Lease payments shall be made to the Landlord at Columbia Bank al # de cuenta 1102686617 101 Government Rd, Mattawa, WA 99349, which address may be changed from time to time by the Landlord, POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in wn'ting. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield �p the Premises to Landlord inas good a condition as when delivered to Tenant, ordinary wear and tear excepted. USE OF PREMISES, Tenant may use the Premises only for behavioral health services. The Premises may be used for any other purpose only with the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence. PARKING. Tenant shall be entitled to use 4 parking space(s) for the parldng of the Tenant's customers'/guests' motor vehicle(s), PROPERTY INSURANCE, Landlord and Tenant shall each maintain. appropriate insurance for their respective interests in the Premises and.d--property located on the Premises. Landlord shall be named as an additional insured in such policies. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force issued by companies reasonably satisfactory to Landlord. Landlord shall receive advance written notice from the insurer prior to any termination of such -insurance policies. Tenant shall also maintain any other insurance which Landlord may reasonably require for the protection of Landlord's interest in the Premises. Tenant is responsible for maintaining casualty 'insurance on its own property, LIABILITY INSURANCE. Tenant shall maintain liability insurance on the Premises in a total aggregate sum of at least $1000,000.00. Tenant shall del' I evidence to Landlord .1 deliver appropriate as proof that adequate insurance is in force issued by companies reasonably satisfactory to Landlord. Landlord shall receive advance written notice from the insurer prior to any termination of such insurance policies. MAINTENANCE, Landlord's obligations for maintenance shall include: - the roof, outside walls, and other structural parts of the building - the sewer, water pipes, and other matters related to plumbing - the electrical wiring the air conditioning system the parking lot, driveways, and sidewalks all other items of maintenance not specifically delegated to Tenant under this Lease. Tenant's obligations for maintenance shall include: - maintain cleanliness and provide snow and ice removal of four designated parking spaces, sidewalk in front of Unit and outside the back door of unit UTILITIES AND SERVICES, Landlord shall be responsible for the following utilities and services in connection with the Premises: - water and sewer - garbage and trash disposal Tenant shall be responsible for the following utilities and services in connection with the Premises: - electricity - gas - heating -janitorial services - telephone service Tenant will pay Landlord $100 a month for the utility rates, charges, and services listed under 4, 4 the Landlord responsibilities. TAXES. Taxes attributable to the Premises or the use of the Premises shall be allocated as follows: REAL ESTATE TAXES, Landlord shall pay all real estate taxes and assessments for the Premises. PERSONAL TAXES, Landlord shall pay all personal taxes and any other charges which may be levied against the Premises and which are attributable to Tenant's use of the Premises, along with all sales and/or use, taxes (if any) that may be due in connection with lease payments. TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provision of this Lease, Landlord may terminate this lease upon 180 days' written notice to Tenant that the Premises have been sold. DESTRUCTION OR CONDEMNATION OF PREMISES. If the Premises are partially destroyed by fire or other casualty to an extent that prevents the conducting of Tenant's use of the Premises in a normal manner, and if the damage is reasonably repairable within sixty days after the occurrence of the destruction, and if the cost of repair is less than $10,000-00, Landlord shall repair the Premises and a just proportion of the lease payments shall abate during the period of the repair accordinp, to th6 extent to which the Promises have been rendered untenantable, However, 'if the damage is not repairable within sixty days, or 'if the cost of repair is $ 1 %000,00 or more, or if Landlord is prevented from repairing the damage by forces beyond Landlord's control, or if the property is condemned, this Lease shall terminate upon twenty days' written notice of such event or condition by either party and any unearned rent paid in advance by Tenant shall be apportioned and refunded to it. Tenant shall give Landlord, immediate notice of any damage to the Premises. DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within 5 days or any other obligation Rhin 10 days) after written i notice of such default s provided by Landlord to Tenant, Landlord wl may take possession of the Premises without farther notice (to the extent permitted by law), and without prejudicing Landlord's rights to damages. In the alternative, Landlord may elect to cure any default and the cost of such action shall be added to Tenant's financial obligations under this Lease. Tenant shall pay all costs, damages, and expenses (including reasonable attorney fees and expenses) suffered by Landlord by reason of Tenant's defaults. All sums of money or changes required to be paid by Tenant under this Lease shall be additional runt, whether or not such suns or charges are designated as "additional rent". The fights provided by this paragraph are cumulative iat I ive in nature and are in addition to any other rights afforded by law. LATE PAYMENTS. For any payment that is not paid within 5 days after its due date, Tenant shall pay a late fee Of $100.000 HOLDOVER. If Tenant maintains possession of the Promises for any period after the termination of this Lease ('"Holdover Period'"), Tenant shall pay to Landlord lease payment(s) pay during the Holdover Period at a rate equal to the most recent rate preceding the Holdover Period. Such holdover shall constitute a month-to-month extension of this Lease. CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law. NON -SUFFICIENT FUNDS. Tenant shall be charged $45.00 for each check that is returned to Landlord for lack of sufficient funds, REMODELING OR STRUCTURAL IMPROVEMENTS. Tenant shall have the obligation 0 to conduct any construction or remodeling (at Tenant's expense) that may be required to use the Premises as specified above. Tenant may also construct such fixtures on the Premises (at Tenant's expense) that appropriately facilitate its use for such purposes., Such construction shall be undertaken and such fixtures may be erected only with the prior written consent of the Landlord which shall not be unreasonably withheld. Tenant shall not install awnings or advertisements on any part of the Premises without Landlord's prior written consent. At the end of the lease term, Tenant shall be entitled to remove (or at the request of Landlord shall remove) such fixtures, and shall restore the Premises to substantially the same condition of the Premises at the commencement of this Lease, I ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections, p Wenecessary services, show the unit to prospective buyers, mortgagees, tenants or pro ices,or workers. However, Landlord does not assume any liability for the care or supervision of the Premises, As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent. During the last three months of this Lease, or any extension of this Lease, Landlord shall be allowed to display the usual "To Let" signs and show the Premises to prospective tenants. INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the Premises, except Landlord's act or negligence. DAN GE ROUS MATERIALS. Tenant shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Landlord is obtained and proof of adequatei insurance protection is provided by Tenant to Landlord,, COMPLIANCE WITH REGULATIONS. Tenant shall promptly comply with all law's, ordinances, requireindits and regulations of the federal, state,, county, municipal and other authorities, and the fire insurance under ' writers. However, Tenant shall not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature, MECHANICS LIENS, Neither the Tenant nor anyone clairn'ing through the Tenant shall have the right to file mechanics liens or any other kind of lien on the Premises and the filing of this Lease constitutes notice that such liens are invalid. Further, Tenant agrees to (1) give actual advance notice to any contractors, subcontractors or suppliers of goods, labor, or services that such liens will not be valid,, and (2) take whatever additional steps that are necessary in order to keep the premises free of all liens resulting from construction done by or for the Tenant. SUBORDINATION OF LEASE. This Lease is subordinate to any mortgage that now exists, or may be given later by Landlord, with respect to the Premises. ASSIGNABILITY/SUBLETTING. Tenant may not assign or sublease any interest in the Premises nor effect a change in the majori.ty ownership of the Tenant (from the ownership n existing at theinception of this lease), nor assign, mortgage or pledge this Lease, without the prior written consent of Landlord, which shall not be unreasonably withheld, NOTICE. Notices under this Lease shall not be deemed valid unless given. or served in Vm"ting and forwarded by mail, postage prepaid, addressed as follows: I I —KAI! " 9 0TR Jose M Rodriguez M 407 Cooper St Mattawa, WA 99349 E T• Grant County dba Renew 1840 E Plum St Moses Lake, Washington 98837 Such addresses may be changed from time to time by either party by providing notice as set forth above. Notices mailed in accordance with the above provisions shall be deemed received on the third day after posting, GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of Washington. ENTIRE AGREEMENUAMENDMENT. This Lease Agreement contains the entire # -1 F. * agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease.* This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written,* construed, and enforced as so limited, WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or Ifinitation of that party's ri[aht to subsequelitly enforce and compel strict compliance with every provision of tWs Lease. BINDING EFFECT. The provisions of this Lease shall be bindin upon n and inure to the benefit of both parties and their respect i 0. ve legal representatives,, successorsassigns, LANDLORD: Jose M Rodriguez M By: Jose M Rodriguez, JROD INVESMENTs TENANT, 0 Grant County dba Renew FOS] Date-, lop Approved as to form.4 {Prig (Sped) Deputy PrOS-6cuting MtOrn9y`��' 0 Date: