Loading...
HomeMy WebLinkAboutAgreements/Contracts - Renewren w runt Behavioral Health 6 Wellness 840 E. Plum Street Moses Lake, WA 98837 Phone: (509) 765-9239 Fax: (509) 765-1582 Consent Agenda Week Week of 7/25/2022 Item Commercial Lease Entity/Contracted Business Moore Furniture, Inc Contract Number n/a Confidential No. Description Our current lease for our office in Ephrata is due to expire in eight months. We would like to make building improvements to the front lobby for safety and security. Extending our lease five years secures our current location and enables us to make the improvements we need. Original Needed? Yes Copies Attached One Contact for Questions Dell Anderson, Ext 5472 X COMMERCIAL LEASE: THIS COMMERCIAL LEASE (this "Lease"), dated July 19, 2022 is made between Moore Furniture, Inc. ("Landlord") and Grant County DBA Renew ("Tenant"). IT IS AGREED: 1. BASIC PROVISIONS AND DEFINITIONS The- fol -lowing- terms, whenever used-- in this- Lease; with --the first letterofeach word capital-ized, will- have the -mean -i -n -g -s- set forth in this Section, and only such meanings, unless expressly contradicted, limited, or expanded in this Lease: 1.1 Premises: Suite located on north side of the Building. 1.2. Building: 124 3rd Ave SW, Ephrata, WA 98823 1.3 Premises Square Footage & Tenant's Proportionate Share: 1.4 Date of Execution: 1.5 Commencement Date (Section 4): 1.6 Initial Term (Section 3): 1.7 Initial Term End Date (Section 3); 1.8 Extended Terms (Section 3): 1.9 Minimum Rent for Initial Term -(Section 7); 1.10 Rent Payment: 1.11 Deposits (Section I: 1.12 Landlord's Notice and Pavrnent Address (Section NOTICE: Moore Furniture Inc. P.O. Box 428 -Ephrata,WA 98823 Initial Approximately 5,000 Square Feet Tenant's Proportionate Share -of the entire net leasab-le -space is approximately 100%. The date of above written, which is the date of full execution hereof. August 1, 2022 5 Years, July 31, 2027 None $3476.13 Monthly, on the first calendar day of each month. Rent Deposit Security Deposit PAYMENT: Moore Furniture Inc. P.O. Box 428 Ephrata, WA 98823 1 $_0_ $_0_ 1.13 Tenant's Billing and Notice Address (ection 24.15): Grant Integrated Services 840 E Plum Moses Lake, WA 98837 765-9239 1.14 PERMITED USES UNDER LEASE: (Section 5): Renew of Grant County 1.15 Riders & Exhibits to the Lease (Section 24 Exhibit Lettered: A Initial V� Rider Numbered: 1 2. PREMISES Landlord hereby leases to Tenant an -d- Tenant hereby I -eases from Landlord, upon the terms and conditions- set forth in this Lease, the Premises as legally described on attached Exhibit A. The Premises are a part of the building which is situated at the Building Address as set out in Sections 1.1 and 1.2. 3. TERM Tenant leases from Landlord the Premises for a lease term which includes the Initial Term of this Lease listed in Section 1.6 and the Extended Terms listed in Section 1.8 (the "Lease Term"). The Initial Term will begin on the Commencement "Date -and end -at midnight -on the Initial Term E -n -d Date- unless'sooner terminated -as -provided -elsewhere in this -Lease. 4. POSSESSION 4.1 Possession. Except as provided elsewhere in this Lease, Tenant will be entitled to possession of the Premises on the Commencement Date. 4.1 Delay of Possession. If Landlord, for any reason, cannot deliver possession of the Premises to Tenant upon the Commencement Date, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resu-Iti-ng from- the- delay, but there- shall- be- a- rent abatement covering- the- period- between - the- Commencement - Date and - the time the Landlord delivers possession to Tenant, and all of the terms and conditions of this Lease shall remain in full force and effect. If Landlord does not deliver possession of the Premises to Tenant within sixty (60) days after Commencement Date (the "Delivery Period"), Tenant may, at its option, (a) cancel this Lease by written notice delivered to Landlord within the ten (10) day period immediately succeeding the final day of the Delivery Period, or (b) receive a credit of two -days Minimum Rent for every one -day past the Delivery Period. 4.3 Early Possession. Landlord and Tenant may agree to Tenant's occupancy of the Premises prior to the Commencement Date. If Tenant occupies the Premises prior to the Commencement Date, the occupancy will be subject to al -I p-rovisions -of this -Lease, the -o-ccu-pan-cy -s-hall -not advance -th-e termination -date -and Tenant -shall -pay -rent throughout the period of early occupancy as set forth in Sections 6 and 8 of this Lease. 4.4 Surrender of Premises. At the expiration or sooner termination of this Lease, Tenant shall return the Premises to Landlord in the same condition in which received or, if altered by Landlord or by Tenant with Landlord's consent, then the Premises may be returned in such altered condition. Broom clean, reasonable wear and tear excepted. Tenant shall remove all personal property, trade fixtures, appliances and equipment ("Fixtures"). Where such removal will require structural changes to the Premises, Landlord will have the option to have same removed at Tenant's expense and under Land -lord's- supervision- 'Tenant shall also- remove- any- an -d --all alterations, which- Land -lord- designates- to- be- removed- pursuant to Section 10.4 below, and shall remove any and all to the condition they were in prior to the installation or construction of said alterations. If Tenant has failed to fully pay all amounts due under this lease, Landlord may, at Landlord's option, designate any or all Fixtures paid for by Tenant and installed on the Premises as Landlord's payment in full or in part of any such unpaid amounts, and Tenant shall provide Landlord with a Bill of Sale correctly evidencing the transfer of ownership. If Tenant fails to remove any fixture, at Landlord's option, Tenant shall agree to designate and permit Landlord to remove the same at Tenant's expense. Tenant shall return all keys to the Landlord within twelve (12) hours following termination of this Lease. Tenant's obligation to perform this covenant shall survive the expiration or termination of this Lease. Landlord -may place -and --maintain "For -Lease" -si-gns-in -conspicuous p -laces -o-n the -Premises fo-r -sixty -(60) -days --prior to the expiration or early termination of this lease, and reserves the right to enter any part of the Premises during the same sixty (60) day period to show the Premises to prospective tenants. 5. USE 5.1 Use. Tenant covenants that at all times during the Lease Term and such other time as Tenant occupies the Premises, Tenant shall use the Premises for the Permitted Uses and for no other purposes without the prior written consent of La-ndlord, asset out in- Section 1.14. 5.2 Uses Prohibited. Tenant shall not do or permit anything to be done in or about the Premises or bring or keep anything therein which will in any way increase or affect the existing rate of any fire or other insurance policy upon the Premises or the Building, or cause a cancellation of any such insurance policy covering said Premises, nor which will in any way obstruct or interfere with the right of other tenants or occupants of the Building or injure or annoy them, nor shall the Initial /X_0 1 Tenant use or allow the Premises to be used for any improper, immoral, unlawful, objectionable or offensive purposes, nor shall Tenant cause, maintain or suffer or permit any nuisance in, on or about the Premises. Tenant shall not commit or allow -to- be- committed anywaste- in -or upo-n-the- Premises- a-nd- shall refrain -from- using o -r permitting the- use- of the Premises or any portion thereof as living quarters or for lodging purposes. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything thereon that is or will constitute or create a hazardous waste or substance or violate any environmental law. Tenant will indemnify and hold the Landlord harmless from any and all damages related to the Tenant's introduction to, or creation of, hazardous waste on the Premises. Landlord represents and warrants to Tenant that, to Landlord's knowledge, the Building, including the Premises, complies with and Landlord is not in violation of any environmental laws. Landlord agrees to indemnify, defend and hold Tenant -harmless from and against ,any ,and all -costs and expenses -(includ-ing reasonable -attorneys' fees), 'fines, suits, claims, actions, damages and liabilities asserted against or sustained by Tenant arising out of Landlord's violation of any environmental laws. 5.3 Building Codes and Zoning. Tenant accepts the Premises "as is", subject to any latent defects and all applicable statutes, ordinances, rules and regulations governing Tenant's use of the Premises. Except as provided in Section 5.4 below, any and all expenses required to comply with all applicable statutes, ordinances, rules, regulations and requirements in effect during the Lease Term or part thereof regulating Tenant's use of the Premises will be borne exclusively by Tenant. Tenant agrees- to- comply- with- allsuch statutes-, ordinances, rules- and regufations- throughout the. Lease -Term. 5.4 Condition of Premises. Landlord shall deliver and maintain the Building and the Premises in compliance with all applicable state and local building codes and laws, including, but not limited to the Americans With Disabilities Act, and all environmental laws and regulations. In addition, the Landlord shall deliver and maintain the following in accordance with Building standards and specifications: (a) mechanical, electrical and plumbing systems, (b) floor loading and structural components, (c) heating, ventilating and air conditioning, (d) window treatment, signs, graphics or other quality appearance or aesthetic considerations, and (e) fire and life safety systems. On or before the Commencement Date, Tenant agrees to ins,pect,the,Premises. -Based -upon that inspection, Tenant -shall -accept the Prem-i-ses "as is", -subject -to -any latent defects, and in the absence of any material change in its condition prior to the Commencement Date or the date the Tenant takes possession of the Premises, whichever is earlier. Tenant acknowledges that neither Landlord nor Landlord's agent has made any representation or warranty as to the present or future suitability of the Premises for the conduct of Tenant's business. 6.1 Areas-. Lan -d -lord- shall- make- available such area -s- and- fa-cilities for the common -use- of all te-n-ants- of the, Bu-il-d-i-n-g (including but not limited to parking areas, driveways, truck ways, delivery passages, truck -loading area, access and egress roads, walkways, and landscaped and planted areas) as Landlord shall reasonably deem appropriate ("Common Areas"). Landlord may, from time to time, change the size, location, nature and use of any Common Area, and make installations therein and move and remove the same, provided that Tenant's access to the Premises is not materially altered. All expenses in connection with the maintenance of Common Areas shall be the responsibility of the Tenant. Tenant shall be responsible for the cleanliness of the Premises including sidewalk areas. The responsibility shall include, but not be limited to, cleaning of windows, collection of garbage and trash, pest control, and snow removal from sidewalks. 6.2 Rights. Tenant and its employees, agents and invitees shall have the non-exclusive right (in common with other tenants of the Building and Landlord) to use the Common Areas, subject to any Rules, as defined in Section 18. Landlord's Rules may include the designation of specific areas in which cars owned by Tenant, its employees and agents must be parked. Landlord may at any time temporarily close any Common Areas due to construction, maintenance, repair or changes to any part of the building or real property upon which the Building is located, with prior notice to Tenant. 7. MINIMUM RENT 7.1 Initial Term-. D -using the Initial Term of this Lease, Tenant agrees to pay to Landlord at Landlord's Payment Address or such other place as designated, the Minimum Rent for the Initial Term of this Lease, in the manner described in Section 7.3. 7.2 Extended Terms. During the Extended Term or Terms, Tenant shall pay the Minimum Rent for the Extended Terms as set out in Section 1.8 and in the manner described in Section 7.3. Initial 7.3 Rent Payment. The Minimum Rent for the Initial Term or any Extended Term shall be paid on the first day of each calendar month of the Initial Term or any Extended Term or any period prior of subsequent thereto while Tenant is in possession -ofthe -Premises-. The -Minimum- Rent for any- partial month -shall be prorated-. The -Minimum- Rent is- exclusive if any sales, franchise, business, occupation or other tax based on rents and should any such taxes apply during the term of this Lease, the Minimum Rent shall be increased by such amount. In the event additional rent is payable by the Tenant under this Lease, it shall be paid in the manner and at the time set forth in the Riders attached hereto and by reference made a part of this Lease. 8. INTENTIONALLY OMITTED 9. . OPERAT-ING EXPEN-SE-S 9.1 Net Lease. The purpose of this Section 9 is to ensure that, in addition to Minimum Rent, Tenant pays its Proportionate Share of all expenses relating to the use, maintenance, ownership, repair and insurance of the Premises, except costs specifically assumed by Landlord according to other terms of this Lease. 9.2 Direct Expense. The expenses listed in Section 9.2 ("Direct Expenses") are to be paid by Tenant: 9.2-J- Utilities-. Tenant agrees -to -pay -before delinquency- and at its- so -le- cost and expense-, all charges -for utilities su-prpfied to the Premises including, without limitation, water, electricity, gas, steam, sewer, waste disposal and security throughout the full Lease Term. Landlord shall not be liable for the failure of any of these services for any reason whatsoever. If charges for any or all such utility services are charged for the Building as a whole, Tenant agrees to pay, upon demand, Tenant's Proportionate Share of such charges. The Landlord and Tenant shall work together to determine the share of charges to be paid by Tenant. In the event that an agreement cannot be reached, the Landlord retains the right to make the final decision. -9.2.2 - I-n-suran-ce, Procured .by Tenant. Th-roug-hout -the Lease Term -and a-ny other period(z) -of -occupancy of the Premises by Tenant, Tenant shall, at Tenant's expense, obtain and maintain the following insurance policies, naming as additional insured, Moore Furniture Inc. a) Liability Insurance. A commercial general liability insurance policy providing coverage for bodily injury liability, property damage liability and personal injury liability with minimum limits of not less than $500,000.00 Combined Single Limit per accident and $500,000.00 General Aggregate. Such insurance policies shall include Blanket Contractual Liability and Owners and Contractors Protective endorsements. Landlord may, in its commercially reasonable discretion, increase- or decrease th-e required .limit as-- it deerns necessary based upon peri-od-i-c i-nsu-ra-nce- reviews. The insurance required by this Section shall be on an occurrence basis, and underwritten by an acceptable insurer licensed to do business in the State of Washington. If Tenant is unable to obtain this .insurance on an occurrence basis, it may be on a claims made basis provided that, in addition, Tenant, at Tenant's expense, obtains an owner's protective policy, issued in the name of Landlord only, which is in an occurrence basis for the limits required by this Section 9.2.2(a). This insurance shall be written as a primary policy not contributing with and not in excess of coverage, which Landlord may carry. Tenant shall obtain the insurance required by Section 9.2.2 from companies reasonably acceptable to Landlord licensed to do business in the State of Washington. Before occupying the Premises, Tenant shall deliver to Land -lord 'or Landlord's -agent -certificates -eviden-ci-ng the -existence -and -amou-nt -of -such insurance. -N-ot later than ten -( 10) days before expiration of these policies, the Tenant shall deliver to Landlord evidence that insurance required by Section 9.2.2 has been continued. Tenant shall provide Landlord, its Agent or its Lender with thirty (30) days' prior written notice in the event Tenant receives notice of cancellation or reduction of coverage from its insurer. b) Accidents. All personal property on the Premises shall be at the risk of Lessee. Landlord or Landlord's agents shall not be liable for any damage, either to person or property, sustained by Lessee or others unless caused by the negligence or willful misconduct of Landlord or Landlord's agents and employees. 9.2.3 Personal Property Taxes. Tenant shall pay, before delinquency, any and all taxes levied or assessed and payable during the Lease Term upon all Tenant's equipment, furniture, fixtures and any other personal property located on the Premises. If any of the same are assessed or taxed with the building or real property upon which the Building is located, Tenant shall pay Landlord the amount of such taxes within ten (10) days after receipt of a written statement setting forth the amount of such taxes that Landlord has determined to be attributable to Tenant's personal property. 1-n itial 9.3 Additional Rent. N/A . 9.4 Interruption of Services. Notwithstanding anything in this Lease to the contrary, should there be an interruption in any essential services to the Premises (including, without limitation, electrical services, heating, ventilation, or air conditioning, water, sewer, or telecommunications) and such interruption continues for a period of two (2) consecutive business days, Tenant shall be entitled to an abatement of all Minimum Rent payable under this Lease for the entire period that such services are not provided to the extent that such interruption interferes with the normal conduct of Tenant's business in the Premises. Should such interruption continue for a period of ninety (90) consecutive calendar days, Tenant shall have the option to cancel and terminate this Lease on ten (10) days' notice to Landlord 9.5 Insurance Procured by Landlord. Landlord shall purchase and keep in force fire, special form "all risk' insurance covering the Building in an amount equal to full replacement value. Landlord may maintain "Loss of Rents" insurance, insuring the Minimum Rent will be paid in a timely manner to Landlord for a period of at least twelve (12) months if the Premises, the Building, or any portion thereof are destroyed or rendered unusable or inaccessible by any cause insured against under the Lease. 10. MAINTENANCE, REPAIRS AND ALTERATIONS 10.1 Landlord's Obligations. Landlord shall maintain and repair the foundations, exterior wall structure, roof structure and roof waterproofing of the Building. Landlord shall be required to pay for repairs to HVAC system as deemed necessary to keep system in good working order. Except as otherwise required by Section 13 regarding subrogation, if any of this maintenance and/or repair is required in whole or in part because of the negligence of the Tenant, its agent or invitees, Tenant shall pay to Landlord the actual and reasonable cost of the repairs incurred by Landlord and only to the extent such repair was required because of Tenant's negligence. 10.2 Tenant's Obligations. Tenant shall, at Tenant's sole cost and expense, keep in good condition and repair all interior surfaces of the Premises (reasonable wear and tear, and damage by fire, the elements, casualty, or acts of god excepted) -not required to -be maintained by Landlord under Section 10.1 and Section 5.4, including, without limitation, the maintenance, repair and replacement of any storefront, all interior walls or partitions and interior portions of exterior wall, ceilings and floors, doors, exterior and interior glass and window frame and casements and all utility systems within the Premises including plumbing, electricity and upkeep of programmable thermostat. Tenant shall, at his own cost and expense, keep all drainage pipes free and open and will protect water heater and other pipes so that they will not become clogged, and will repair all leaks and repair all damage caused by leaks or reaction to Tenant's failure to protect and keep free and open all of the pipes and plumbing in the Premises. Tenant shall, upon expiration or sooner termination of this Lease, surrender the Premises to Landlord in good and clean condition, ordinary wear excepted. Any damage to adjacent premises- caused- by, Tenant's use of the Premises- sh-al-I be repaired at the- sole cost an -d- expense- of Tenant. 10.3 Government Repairs. INTENTIONALLY OMITTED. 10.4 Alterations and Additions. Tenant shall not make or permit any alteration, addition or improvement to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Tenant shall pay any and all actual and reasonable costs incurred by Landlord in reviewing and evaluating any request for the consent required by this Section, Any alteration, addition or improvement consented to by Landlord shall be made in a good workmanlike manner at Tenant's sole -cost and expense and shall comply with all applicable laws, codes, ordinances, rules and regulations. All alterations, additions or improvements (including but not limited to light fixtures, wall and window covering, paneling and built-in cabinet work, but excluding movable furniture and trade fixtures) shall at once become a part of the Premises belonging to the Landlord and shall be surrendered with the Premises at the expiration of this Lease, unless Landlord demands their removal as set forth below. Upon expiration or sooner termination of the Lease term, Tenant shall, at Tenant's sole cost and expense, with all due diligence, remove any alterations, additions or improvements made by Tenant and designated by Landlord to be removed; provided Landlord gave Tenant advance written notice contemporaneously with Landlord's consent to such alteration, addition or improvement. Tenant shall, at its sole cost and expense, repair any - damage -to - the - Premises- caused by, such, removal.- If Tenant fails- to - remove- any - such - alterations-, additions or improvements, Landlord may do the same at Tenant's expense. Anything in this Lease to the contrary notwithstanding, Tenant has the right to make Minor Alterations (as hereinafter defined) to the Premises without Landlord's consent. "Minor Alterations" means minor alterations, additions or improvements in the Premises which (1) are not structural in nature, (2) do not materially and adversely affect any of the main Building systems, and (3) are not visible from outside the Premises; provided, however, that any painting, wall covering installation, Initial carpeting installation and removal of cabling and lighting fixtures will not be deemed visible from outside of the Premises for the purposes of this paragraph. 11. LIENS 11.1 Liens. Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant, and agrees to hold Landlord harmless from the same. 11.2 Encumbrances. The Tenant shall not cause or suffer to be placed, filed or recorded against the title to the Premises, the Building, or any part thereof, any mortgage, deed of trust, security agreement, financing statement or other encumbrances. Further, in no event shall the Tenant lien or mortgage any leasehold improvements, alterations, additions or improvements thereto, except trade fixtures, appliances and equipment which are owned by Tenant and which are not, and which do not become a part of the Premises. The form of any such mortgage, deed, or trust or other security agreement of financing statement which includes a legal description of the Premises or the Building shall be subject to Landlord's prior written approval, which approval shall be subject to such conditions as the Landlord may deem appropriate. 12. HOLD HARMLESS Tenant agrees to indemnify and hold Landlord and its agents harmless from any and all claims to the extent directly arising from Tenant's use of the Premises, from the conduct of Tenant's business, or from any activity, work or things done or permitted to be done by Tenant on the Premises or elsewhere. Tenant further agrees to indemnify and hold Landlord and its agents harmless from any and all claims to the extent directly arising from, in connection with, or related to any default by Tenant in the performance of its obligations under this Lease, or any act, omission or neglect of Tenant, its agents or invitees. Tenant further agrees to indemnify and hold Landlord and its agents harmless from all actual and reasonable costs (including but not limited to attorney's fees) incurred by Landlord in connection with its defense against any claim made against the Landlord as to which Tenant is required to indemnify Landlord pursuant to this Section. Tenant shall give prompt notice to Landlord of any casualty or accident in the Premises. Landlord shall defend, protect, indemnify and hold harmless Tenant and Tenant's agents against and from any and all Losses arising from: (1) from any activity done, permitted or suffered by Landlord or Landlord's agents in or about the Premises or the Building and (2) any act, neglect, fault, willful misconduct or omission of Landlord or Landlord's agents, or from any breach or default in the terms of this Lease by Landlord or Landlord's agents, and (3) any action or proceeding brought on account of any matter in items (1) or (2). If any action or proceeding is brought against Tenant by reason of any such claim, upon notice from Tenant, Landlord shall defend the same at Landlord's expense by counsel reasonable satisfactory to Tenant. The provisions of this Paragraph 12 shall survive the termination of this Lease. The foregoing indemnity shall not relieve any insurance carrier of its obligations under any policies required to be carried by either party pursuant to this Lease, to the extent that such policies cover the peril or occurrence that results in the claim that is subject to the foregoing indemnity. K-vnn& TA I # Uwe a "s Neither Landlord nor Tenant shall be liable to the other or to any insurance company (by way of subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or other tangible property, or any resulting loss of income, or losses under worker's compensation laws and benefits, even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees if any such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance pursuant to this Lease. 14. RECONSTRUCTION 14.1 Effect of Insured Loss. Except as provided below, if the Premises are damaged by fire or other cause, Landlord agrees to repair the same within one hundred eighty (180) days from the date of the casualty, and this Lease shall remain in full force and effect. 14.2 Landlord's Options. In the event the Building or the Premises are destroyed or damaged by fire, earthquake or other casualty in whole or in a substantial part thereof, it shall be optional with the Landlord to rebuild or repair the same Initial 7 within one hundred eighty (180) days from the date of the casualty; after the happening of any such contingency, the Tenant shall give Landlord or Landlord's agent immediate notice thereof. Landlord shall have not more than sixty (60) days after date of such notification, to notify the Tenant in writing of Landlord's intentions to rebuild or repair said Premises, or the part so damages as aforesaid, and if Landlord elects to rebuild or repair said Premises, Landlord shall prosecute the work of such rebuilding or repairing without unnecessary delay and no later than one hundred eighty (180) days from the date of the casualty, and during such period the Minimum Rent and Tenant's Proportionate Share of said Premises shall be abated in the same ratio that that portion of the Premises rendered for the time being inaccessible or unfit for occupancy shall bear to the whole of the Premises. If the Landlord shall fail to give the notice aforesaid, Tenant shall have the right to declare this Lease terminated by written notice served upon the Landlord or Landlord's agent. In the event Landlord fails to complete restoration of the Building or Premises in substantially the same condition within one hundred and eighty (180) days from the date of the casualty, this Lease may be terminated effective as of the date of such damage or destruction upon written notice from either party to the other given not more than ten (10) days following expiration of the one hundred and eighty (180) day period. 14.3 Tenant's Repair Obligations. Landlord shall not be required to repair or replace any leasehold improvements, fixtures or other personal property of Tenant, all of which shall be repaired or replaced promptly by Tenant. 15. EMINENT DOMAIN 16.1 Total or Partial Taking. If any portion of the Premises is taken or appropriated by any public or quasi -public authority under the power of eminent domain, or is purchased by the condemner in lieu of condemnation proceedings, either party shall have the right to terminate this Lease upon thirty (30) days' written notice given to the other party within sixty (60) days after the date that possession is surrendered to the condemner. If neither party elects to terminate, the Minimum rent and any Additional Rent thereafter to be paid shall be equitably reduced. If any part of the Building other than the Premises is so taken or appropriated, or is purchased by the condemned in lieu thereof, Landlord shall have the right at its option to terminate this Lease upon thirty (30) days' written notice to Tenant given within sixty (60) days after the date that possession is surrendered to the condemner. 15.2 Damages. Landlord reserves all rights to the entire damage award or payment for any taking eminent domain and Tenant shall make no claim whatsoever against Landlord for damages for termination of its leasehold interest in the Premises or for interference with its business. Tenant hereby grants and assigns to Landlord any right Tenant may now have or hereafter acquire to damages related to any taking by eminent domain and agrees to execute and deliver such further instruments of assignment thereof as Landlord may from time to time request. Tenant shall, however, have the right to claim from the condemning authority all compensation that may be recoverable by Tenant on account of any loss incurred by Tenant in removing Tenant's merchandise, furniture, trade fixtures and equipment or for damage to Tenant's business provided, however, that Tenant may claim such damages only if they are awarded separately in the eminent domain proceeding and not as part of Landlord damages. 16. ASSIGNMENT AND SUBLETTING 16.1 Restriction. Except as provided in Section 16.3, Tenant shall not, without prior written consent of Landlord: a) Voluntarily, involuntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or otherwise encumber this Lease, or any interest in it, or any right of privilege appurtenant to it; b) Sublet all or any part of the Premises; or C) Allow any other person, except the agents, Affiliates and invitees of Tenant, to occupy or use any portion of the Premises. Landlord's consent shall not be unreasonably withheld, condition or delayed. Landlord shall respond to Tenant's request for assignment no later than 20 -days following the date of Tenant's written request. Any assignment, transfer, encumbrance, subletting or use without Landlord's consent shall be void and shall, at the option of Landlord, constitute a material default under this Lease. An assignment or sublease consented to by Landlord shall not be binding upon Landlord unless the assignee or subtenant delivers to Landlord: a) An original executed assignment or sublease; and Initial 10$ b) An instrument containing said assignee's or sublessee's assumption of all of the obligations of the Tenant under this Lease, in form and substance satisfactory to Landlord. The assignee's or sublessee's failure to execute such a covenant shall not waive, release or discharge the assignee or sublessee from its liability for the performance of the Tenant's obligations under this Lease. Regardless of Landlord's consent, no subletting or assignment shall release Tenant of Tenant's obligations or alter the primary liability of Tenant to pay rent and to perform all the obligations of the Tenant under this Lease. 16.2 Costs. Tenant shall reimburse Landlord for all actual and reasonable attorney's fees and other costs incurred by Landlord in connection with the review of and preparation of documents incident to any request by Tenant for Landlord's consent, which shall not exceed Five Hundred Dollars ($500). Each request for Landlord's consent shall be accompanied by a deposit in the amount of Two Hundred Dollars ($200) to be applied to such costs. Landlord shall return to Tenant any unused balance of the deposit. 16.3 Permitted Transfers. Notwithstanding anything to the contrary set forth herein, Tenant shall have the right, without obtaining Landlord's consent, to: (a) assign this Lease or sublet all or any part of the Premises to (i) any person or entity which, directly or indirectly, controls, is controlled by, or is under common control with, Tenant (an "Affilliate", (ii) to a successor of Tenant or an Affiliate (by merger, reorganization, consolidation, or transfer of all or substantially all of Tenant's (or such Affiliate's) assets, partnership or other equity interests) (b) assign this Lease or sublet all or any part of the Premises to any operating division, group, department, or group of individuals of Tenant or an Affiliate (collectively and "Operating Unit") which has ceased to be an Affiliate as a result of a spin-off from Tenant or otherwise (regardless of whether such assignment or sublet is to a new entity formed by such Operating Unit, or to an existing entity of which the Operating Unit becomes a part); or (c) transfer any interest in Tenant including, without limitation, a majority or controlling interest in Tenant. Tenant shall also have the right to enter into desk -sharing licenses with entities with which it has a business relationship without the consent of Landlord. For purposes hereof, control (and variations thereof) shall mean the ownership of not less than fifty percent (50%) of the equity or other ownership interests of the entity in question or the power to direct or control the management of the entity in question. Any of the foregoing transfers are referred to herein as a "Permitted Transfer." Tenant shall not be released from liability under the Lease as a result of a Permitted Trnasfer except if the Permitted Transfer involves an assignment of the Lease to a party with similar or greater financial strength to that of other Building tenant's leasing premises of comparable size. 16.4 Judicially Imposed Assignment. If the non -assignment provisions of this Section are deemed to be unenforceable in any bankruptcy proceeding, Landlord and Tenant agree that a showing of adequate assurance of future performance by a prospective assignee of this Lease must include, without limitation, clear and convincing evidence that: a) Landlord will receive the full benefit of each and every term of its bargain in this Lease, except for the non - assignment and related termination clauses; b) The Premises will continue to be used solely for the use permitted by this Lease; C) A judicially imposed assignment will not cause an acceleration or increase in the interest rate, or fees in connection with, any indebtedness of Landlord secured by Landlord's interest in the building or this Lease; and d) The prospective assignee has the means, expertise and experience to operate the business to be conducted upon the Premises in a first-class manner. 16.5 Assignment by Landlord. If Landlord shall assign its interest under this Lease, Landlord shall be relieved of any obligation accruing hereunder after the effective date of such assignment or transfer, and such transferee shall thereafter be deemed to be the Landlord under this Lease. Landlord may transfer Tenant's Security Deposit to such transferee and Tenant shall look solely to the transferee for the return of such deposit. 17. REMEDIES IN DEFAULT 17.1 Defaults. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant: a) The vacating or abandonment of the Premises by Tenant without payment of Minimum Rent A? Initial/: � 1 9 b) The failure by Tenant to make when due any payment of rent or any other payment required to be made by Tenant under this Lease, where such failure shall continue for a period of five (5) business days after written notice of default from Landlord to Tenant. In the event that Landlord serves Tenant with a notice to pay rent or vacate pursuant to applicable unlawful detainer statutes, such notice to pay rent or vacate shall also constitute the notice required by this Section. C) The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Tenant, other than those described above, for a period of thirty (30) days after written notice of such default from Landlord to Tenant; provided, however, that if the nature of Tenant's default is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences a cure within that thirty (30) day period and thereafter diligently prosecutes the cure to completion. d) Tenant becomes a "debtor" as defined in the Bankruptcy Code, 11 USC Section 101, or any successor statute, or if trustee or a receiver is appointed to take possession of substantially all of the Tenant's assets located at the Premises or of Tenant's interest in this Lease. 17.2 Remedies. In the event of a material default or breach by Tenant, Landlord may at any time thereafter, with or without notice or demand and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason of such default or breach: a) Terminate Tenant's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In this event, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including, but not limited to: the cost of recovering possession of the Premises; expenses of reletting (including necessary renovation and alteration of the Premises); reasonable attorney's fees and costs and any real estate commission actually paid; the worth at the time of award by a court having jurisdiction of any unpaid rent or other charges owed by Tenant to Landlord which had been earned at the time of termination; the amount by which the unpaid rent or other charges for the balance of the term after the time of such award exceeds the amount of such rental or other loss for the same period that Tenant proves could reasonably be avoided; and that portion of the leasing commission paid by Landlord according to this Lease applicable to the unexpired term of this Lease. b) Pursue any other remedy now or afterwards available to Landlord under the laws or judicial decisions of the state where the Premises are located. C) Landlord will have the obligation to mitigate its damages in the exercise of any of its remedies hereunder. 17.3 Late Charges. Tenant acknowledges that late payment by Tenant to Landlord of Minimum Rent and other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. These costs include, but are not limited to, processing and accounting charges, and late charges, which may be imposed on Landlord by the terms of any mortgage or deed of trust covering the Premises. Accordingly, if any installment of Minimum Rent or other sums due from Tenant shall not be received by Landlord or Landlord's agent within ten (10) days after the amount shall be due or if any rent check should be returned for non -sufficient funds, then without any requirement of notice to Tenant, Tenant shall pay to Landlord a late charge of $50.00 for each month of delinquency. If Minimum Rent is unpaid at end of initial month of delinquency, an additional interest charge of 1 % monthly on the unpaid balance will be made. The parties agree that this late charge plus interest represents fair and reasonable estimate of the cost Landlord will incur by reason of late payment by Tenant. Acceptance of the late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to the overdue amount, nor prevent Landlord from exercising any of the other rights or remedies granted to Landlord under this Lease, or at law or equity. 17.4 Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in any event within thirty (30) days after written notice by certified mail by Tenant to Landlord. Said notice shall specify wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) days period and thereafter diligently prosecutes the same to completion. Tenant further agrees not to invoke any of its remedies under this Lease until said thirty (30) days have elapsed. If Landlord fails to commence curing such default within the thirty (30) days period or fails to thereafter diligently continue curing such default until completion, then Tenant, in addition to all other rights or remedies which Tenant is entitled to under this Lease, at law or in equity, shall have the right to take reasonable measures to cure such Landlord's default and set off against and deduct from Tenant's next monthly installment(s) of Rent an amount equal to the actual and Initial 10 reasonable out-of-pocket cost for curing such default plus interest at the maximum interest rate permitted by law, or if there is no such rate then 18% per annum 18. RULES AND REGULATIONS Tenant shall faithfully observe and comply with all recorded covenants, conditions and restrictions affecting the Premises, all existing rules and regulations, and all rules and regulations that Landlord may from time to time make to facilitate the reasonable operation of the Building of which the Premises are a part or the complex in which it is located or to comply with the requirements of any governmental entity or insurance company (collectively called "Rules"). Landlord reserves the right to modify the Rules from time to time. The Rules and any modifications shall be binding upon Tenant upon delivery of a copy of the Rules to Tenant. Landlord shall not be responsible to Tenant for the failure of any other tenants or occupants to comply with the Rules. 19. HOLDING OVER 19.1 Holding Over. If Tenant remains in possession of the Premises or any part thereof, after the expiration of the Lease Term with the express written consent of Landlord (which consent may be granted, withheld or conditioned at the sole discretion of Landlord), such occupancy shall be a tenancy from month to month at a minimum rent in an amount equal to one hundred twenty percent (120%) of the last monthly Minimum Rent, plus all additional rent and other charges payable hereunder, and upon all the terms hereof applicable to a month-to-month tenancy. 19.2 Abandonment. Tenant agrees not to vacate or abandon the Premises without payment of Minimum Rent at any time during the Lease Term. Should Tenant, without payment of Minimum Rent, vacate or abandon said Premises or be dispossessed by process of law or otherwise, such abandonment, vacation or dispossession shall be deemed a breach of this Lease and, in addition to any other rights which Landlord may have, Landlord may remove any personal property belonging to Tenant which remains on the Premises and store the same, the cost of such removal and storage to be Tenant's liability. 19.3 Voluntary Surrender. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, but shall, at the option of Landlord, terminate all or any subleases or subtenancies, or operate as an assignment to it of any or all such subleases or subtenancies. 20. ENTRY BY LANDLORD Following at least 2 -days advance notice except in the event of an emergency, Landlord reserves the right to enter the Premises to inspect the same, to show the Premises to prospective purchasers or tenants, to perform any alterations, improvements, repairs or maintenance, to provide any services that Landlord may deem commercially necessary and desirable and to do any other act permitted under this Lease. Landlord may retain a key with which to unlock all of the doors in the premises (Excluding Tenant's vaults, safes and files). Such entry and inspections shall be conducted in such a manner as to minimize the interference with Tenant's Permitted Use and, as applicable, such access to the Premises shall be of a nature and scope as shall be reasonably required. 21. ESTOPPEL CERTIFICATE Right to Estoppel Certificates. Tenant, within ten (10) business days after notice from Landlord, shall execute and deliver to Landlord, in recordable form, a certificate stating that this Lease is unmodified and in full force and effect, or in full force and effect as modified and stating the modifications, and that there are no defaults or alleged defaults hereunder. The certificate shall also state the amount of Minimum Monthly Rent, the dates to which Rent has been paid in advance, and the amount of any Prepaid Rent or Security Deposit, whether Landlord has performed all of its obligations under this Lease and such other matters as Landlord may reasonably request. Failure to deliver the certificate within such ten (10) day period shall be conclusive upon Tenant for the benefit of Landlord and any successor to Landlord, that this Lease is in full force and effect and has not been modified except as may be represented by Landlord requesting the certificate. 22. SIGNS Tenant shall not place any signs or symbols in the windows or on the doors of the Premises or upon any part of the Building without the prior written consent of Landlord. Any signs or symbols shall be in conformity with other signs on the Premises and the Building, the Rules, and all applicable laws, ordinances and regulations. Tenant shall maintain any such sign or symbol in good condition and repair at its sole cost and expense. Tenant shall remove such sign or symbol at its sole cost lnitial,,/_Oz�_ - I 11 and expense upon termination of the Lease, and shall repair all damage caused by the removal. If Tenant fails to remove any sign or symbol and/or repair any damage caused by its removal, Landlord may have the same removed and/or repaired at Tenant's expense. 23. AUTHORITY OF PARTIES 23.1 Corporate Authority. If Tenant is a corporation, each individual executing this Lease on behalf of said corporation represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said Corporation. 24. GENERAL PROVISIONS 24.1 Exhibits and Addendums. Any exhibits and addendums attached to this Lease are a part hereof and are fully incorporated in this Lease by this reference. 24.3 Joint Obligations. If there is more than one Tenant, the obligations of the Tenants under this Lease shall be joint and several. 24.4 Section Titles. The section titles of this Lease are not a part of this Lease and shall have no effect upon its construction or interpretations, 24.5 Time. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor, including, but not limited to, Tenant's execution of estoppel certificates and subordinations and Tenant reimbursements to Landlord. 24.6 Successors and Assigns. The covenants and conditions of this Lease apply to and bind the heirs, successors, executors, administration and assigns of all parties of this Lease. 24.7 Recordation. A short form memorandum may be recorded at the request of either party, and at the requesting party's expense. 24.8 Quiet Possession. Subject to all the provisions of this Lease and provided Tenant pays all sums due under this Lease and observes and performs all of the other covenants, conditions and provisions to be observed and performed by Tenant, Tenant shall have quiet possession of the Premises for the entire Lease Term, against any adverse claim of Landlord or any party claiming under Landlord. 24.9 Prior Agreements. This Lease contains the full agreement of the parties with respect to any matter covered or mentioned in this Lease. No prior agreements or understandings pertaining to any such matters shall be effective for any purpose. This Lease may be amended or supplemented only by an agreement in writing signed by the parties or their respective successors in interest. 24.10 Inability to Perform. Except as provided in Sections 13,14 and 17.4, this Lease and Tenant's obligations hereunder, including Tenant's obligation to make payments, shall not be affected or impaired because Landlord is unable to fulfill any of its obligations, or is delayed in doing so, if such inability or delay is caused by reason of weather, strike labor troubles, acts of God, or any other cause beyond the reasonable control of the Landlord. 24.11 Severability. 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, and all other provisions shall remain in full force and effect. 24.12 Cumulative Remedies. No remedy or election under this Lease shall be deemed to be exclusive but shall, whenever possible, be cumulative with all other remedies at law or in equity. 24.13 Choice of Law. This Lease shall be governed by the laws of the State of Washington. 24.14 Attorney's Fees. In the event any action or proceeding is brought by either party against the other arising out of or in connection with this Lease, the prevailing party shall be entitled to recover its cost, including, but not limited to, reasonable attorney's and accountant's fee, incurred in such action or proceedings, including any appeal. Initial 12 .41 24.15 Notices. All notices or demands which are required or permitted to be given by either party to the other under this Lease shall be in writing. Except as otherwise provided in any addendum, all notices and demands to the Tenant shall be either personally delivered or sent by US Mail, registered or certified, postage prepaid, addressed to the Tenant at the Premises and at the address set forth below, or to such other place as Tenant may from time to time designate in a notice to the Landlord. Except as provided in any addendum, all notices and demands to the Landlord shall be either personally delivered or sent by US Mail, registered or certified, postage prepaid, addressed to the Landlord at the address set forth below, or to such other person or place as the Landlord may from time to time designate in a notice to the Tenant. Any notices sent by US Mail as provided above shall be deemed to have been received three (3) days after deposit into the mail as set out in Section 1.12 and 1.13. 24.16 Subordination. At Landlord's option, this Lease shall be subject to and subordinate to the lien of any existing or future mortgages or deeds of trust in any amount or amounts whatsoever, now or hereafter placed in or against the Building or the real property upon which it is located, and to any extensions, renewals or replacements thereof, without the necessity of the execution and delivery of any further instruments on the part of Tenant to effectuate such subordination. Upon Landlord's request, Tenant will execute and deliver such further instruments as may be appropriate to evidence such subordination of this Lease. As long as Tenant is not in default under this Lease, said subordination shall not disturb Tenant's right to possession of the Premises. As a condition to Tenant's subordination of this Lease to any current or future land leases and/or mortgages, Landlord shall deliver to Tenant a non -disturbance agreement in a form reasonable acceptable to Tenant (the "SNDA"). Concurrently with the execution of this Lease, Landlord shall cause any current holders of interests superior to this Lease to execute and deliver an SNDA to Tenant 24.17 Attornment. In the event of foreclosure, or the exercise of the power of sale under any mortgage or deed of trust made by Landlord covering the Premises, or in the event of any sale in lieu thereof, Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as Landlord under this Lease; provided said purchaser expressly agrees in writing that, so long as Tenant is not in default under the Lease, Tenant's possession and occupancy of the Premises shall not be distributed and said purchaser will thereafter perform all of the obligation of Landlord under this Lease. 24.18 Guarantor. In the event that there is a Guarantor of this Lease, the Guarantor shall have the same payment obligations as Tenant under this Lease. 24.19 Compliance with Environmental Laws. The parties acknowledge that there are certain federal, state and local laws, regulations and guidelines now in effect and that additional laws, regulations and guidelines may hereafter be enacted relating to or affecting the Premises and the larger parcel of land upon which the demised Premises may be a part, concerning the impact on the environment of construction, land use, the maintenance and operation of structures, and the conduct of business. Tenant shall not cause, or permit to be caused, any act or practice by negligence, or omission, or otherwise, that would adversely affect the environment or do anything or permit anything to be done that would violate any of said laws, regulations or guidelines. Any violation of this covenant shall be an event of default under this Lease. Tenant shall indemnify and hold Landlord harmless from any and all cost, expense, claims, losses, damages, fines and penalties, including attorneys' fees, that may in any manner arise out of or be imposed because of the failure of Tenant to comply with this covenant. The foregoing shall cover all requirements whether or not foreseeable at the present time and regardless of the expense attendant thereto. If Hazardous Materials are discovered in the Premises or utility system or other facility which serves the Building, whether located in the Premises or in other portions of the Building at any time during the Term hereof, then Tenant shall have the right to vacate the Premises and Landlord shall, at its sole cost and expense, promptly perform all abatement work and repair or replace all improvements damaged by the abatement work. All Minimum Rent and additional rent shall totally abate from the date on which the hazardous materials are discovered until the date on which the abatement work is complete and all damaged improvements are repaired or replaced to the extend that Tenant may reoccupy the entire Premises for the conduct of Tenant's business. Landlord shall indemnify, defend and hold Tenant harmless from and against any and all costs associated with the presence of hazardous materials within the Premises, including the disruption of Tenant's business and its quiet and peaceful possession of the Premises, relation to any hazardous materials in the Premises or utility system or other facility which serves the Building, whether located in the Premises or in other portions of the Building and provided that such hazardous materials were not installed therein by Tenant or Tenant's agents. Landlord shall be solely responsible for and shall comply with all legal requirements with respect to hazardous materials in the Premises, provided that such hazardous materials were not installed thereon by Tenant or Tenant's agents. 24.20 Riders and Exhibits. The Riders and Exhibits referred to in Section 1.18 are attached to this Lease and made part of it. Initial d, �_� 1 13 25. LEGAL DOCUMENT Tenant understands that this is a legally binding contract. Tenant has carefully read each of its provisions, and prior to execution of the Lease, represents and warrants that Tenant has discussed the legal effect of the Lease with Tenant's legal counsel. IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year first above written: By:. Title: Initial 14 TENANT: By: Title: Appro d. as to form: (Printed 071 (Signed) ONIM Prosecuting Attorney O Date: . . EXHIBIT A Lots 1 through 7, inclusive, EXCEPT that portion of lot 7 lying Southwesterly of a line parallel to and distant 10.33 feet Northeasterly (as measured perpendicular), from the boundary line between Lots 7 and 8, ALL in Block 4, Reard's First Addition to Ephrata, according to the plat thereof recorded in Volume 1 of Plats, Page 40, records of Grant County, Washington. 1.4 Initial 15 RIDER 1 PREVIOUS LEASE This lease replaces the previous lease dated February 8, 2021. Landlord will provide snow removal from parking lot. PERMITTED USES: Tenant is not allowed to be in the business of selling retail or wholesale furniture, appliances or floor covering or any other items in relation to furniture, appliances or floor coverings. J 14 IX_ " F_; &I Tenant is to pay all City of Ephrata Utilities and any electricity consumed by Tenant. INFLATION INCREASE (CPI): Rent - Commencing on December 1, 2009, the monthly rent shall be increased by an amount which bears the same relationship to the rent due during the previous twelve-month period of the lease as the Consumer Price Index (CPI) published nearest and preceding any such anniversary date bears to the Consumer Price Index published nearest and preceding the date on which rent first came due during the previous twelve month period of the Lease. However, in no event shall the adjusted rent in any year of the renewal term be less than the rent due during the previous year of the renewal term. The CPI to be used is the Consumer Price Index for All Urban Consumers - All Items for the U.S. City Average now being published monthly by the U.S. Department of Labor, in which 1982-84 equals 100. If the CPI is changed so that the base year is altered from that existing as of the commencement of the initial term of the lease, then said Index shall be converted by conversion tables published by the U.S. Department of Labor to obtain the same result that would have been obtained had the base year not been changed. If no conversion tables are available, or if said Index is otherwise changed, revised or discontinued for any reason, there shall be substituted in lieu thereof the most nearly comparable official price index of the U.S. Government in order to obtain substantially the same result for the adjustment required by this paragraph as would have been obtained had the original CPI not been discontinued, revised or changed. In no event shall the minimum monthly rental be less than any rent previously provided for in this lease. (Current Monthly Rent X CPI for previous 12 months) + Current Monthly Rent =New Monthly Rent Initial 16 LESSOR STATE OF WASHINGTON )ss. CORPORATE ACKNOWLEDGEMENT COUNTY 0 F On this day personally appeared before me kaj) U 14 0 a - , to me known to be the individual who executed the within and foregoing instrument as dul/app"ointed for , and acknowledges that he/she signed the same as his/her free and voluntary act and deed and on oath stating that his/her powers authorizing the execution of this instrument have not been revoked. GIVEN under my hand and official seal the2,).S±day of J%� 20 -Z2'. 7 (-Rev SIGNATURE A PRINTED NAME ,jel UP% Rt Notary Public in and for the State of Washington, residing at AN My Commission Expires: !2, 2,,S --'9W AN of Was'011 jqfi,pires I I q;M4 STATE OF WASHINGTON )ss. CORPORATE ACKNOWLEDGEMENT COUNTY OF 0--� e - On this day personally appeared before me AIJO �7 to me known to be the individual who executed the within and foregoing instrument as duly appointed_ biLla- for ,D0 -L-- , and acknowledges that he/e signed the same as his/* free and voluntary act and deed and on oath stating that his/hr powers authorizing the execution of this instrument have not been revoked. GIVEN under my hand and official seal the day of J(,l.,L�1 20 11 a-� SIGNATURE PRINTED NAME Notaryublic in and for the State of Washington, residing at —O My Commission Expires: le 4"484 My AV"Ut jo-%22I r vw" MMIlAr 4WT Initial 17 pit ,VkB A R 00- 1XV. 409" co a. > C , M &sow -Now ftme H N G'