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HomeMy WebLinkAboutAgreements/Contracts - RenewK21-043 COMMERCIAL LEASE AGREEMENT 840 E. Plum Street, Moses Lake, Washington THIS LEASE, by and between GRANT COUNTY (LESSOR), and GRANT COUNTY HEALTH DISTRICT (LESSEE), provides for office space. RECITALS: WHEREAS, LESSOR is a third-class county, duly organized and operating under and by virtue of the Constitution and the laws of the State of Washington; and WHEREAS, LESSEE is a health district organized pursuant to chapters 70.05 and 70.46 RCW; and WHEREAS, LESSOR is the owner of office buildings located at 840 East Plum Street, located in Moses Lake, Washington; and WHEREAS, the Board of County Commissioners found and determined it to be within the best interest of the public to permit LESSEE to utilize ap ortion of the Plum Street office building for its day to day business; and WHEREAS, the parties desire to enter this lease agreement (Lease) between the parties, defining their rights, duties and liabilities relating to the Premises. WITNESSETH: For and in consideration on the mutual covenants contained herein, the parties agree as follows: 1. PREMISES: LESSOR does hereby lease to LESSEE, a cornerp ortion of the office space located at 840 East Plum Street, Moses Lake, Washington, 98837 collectively hereinafter called the Premises. Use of the Premises includes access to County Wi-Fi, keys for access, items of furniture, cleaning services, and other available maintenance services. 2. TERM: The term of this Lease shall be for one (1) year commencing February 22 Y 202 1, and shall terminate December 31, 202 1. 3. .RENT: LESSEE covenants and agrees to pay LESSOR, at the offices of LESSOR, PO Box 37, Ephrata, WA 98823-0037, or to such other party or at such otherp lace as LESSOR may hereafter designate, monthly rent in the amount of Five Hundred and No/100 Dollars ($500.00), by the first of each lease month. COMMERCIAL LEASE AGREEMENT — GRANT COUNTY HEALTH DISTRICT Page - 1 I V E�_rj HAR - 5 2021 E GRANT G0UMP ��t�MISSI0�� Ap 4. UTILITIES AND FEES: LESSOR agrees to pay all charges for light, heat water, sewage, garbage, janitorial, snow removal and lawn care, to the Premises during the full term of this Lease. All costs associated with telephone, fiber optics and ISP services, are the sole responsibility of LESSEE. 5. COMMON AREAS: If the Premises are part of a building occupied b other p Y tenants, LESSEE agrees to conform to rules and regulations of LESSOR and/or the Ivy Street Professional Center, pertaining to the parts of the building that are in common use by tenants. 6. REPAIRS AND MAINTENANCE: LESSEE shall, at its own expense and at all times, keep the Premises neat, clean, and in a sanitary condition, and keep and use the Premises in accordance with applicable laws, ordinances, rules, regulations, and requirements of governmental authorities. LESSEE shall permit no waste, damage or injury to the Premises; keep all drain pipes free and open; protect water, heating, gas and other pipes to prevent freezing or clogging, except for the roof, exterior walls and foundation, which are the responsibility of LESSOR. 7. SIGNS: All signs or symbols placed by LESSEE in the windows and doors of the Premises, or upon any exterior part of the building, shall be subject to LESSOR's prior written approval. LESSOR may demand the removal of signs which are not so approved, and LESSEE's failure to comply with said request within forty-eight (48) hours will constitute a breach of this paragraph and will entitle LESSOR to terminate this Lease or, in lieu thereof, to cause the sign to be removed and the building repaired at the sole expense of LESSEE. At the termination of this Lease LESSEE shall remove all signs placed by it upon the Premises, and will repair any Y damage caused by such removal. All signs must comply with sign ordinances and be placed in accordance with required permits, as appropriate. 8. ALTERATIONS: After prior written consent of LESSOR, LESSEE may make alterations, additions and improvements in said Premises, at LESSEE's sole cost and expense. In the performance of such work, LESSEE agrees to comply with all laws, ordinances, rules and regulations of any proper public authority, and to save LESSOR harmless from damage, loss or expense. Upon termination of this Lease and upon LESSOR's request, or LESSOR's approval, LESSEE shall remove such improvements and restore the Premises to its original condition not later than the termination date, at LESSEE's sole cost and expense. Any improvements not so removed shall be removed at LESSEE's expense provided that LESSEE shalla pY for any damage caused by such removal. 9. CONDEMNATION: In the event a substantial part of the Premises is taken or damaged by the right of eminent domain, or purchased by the condemner, in lieu thereof, so as to render the remaining Premises economically untenantable then this Lease shall be cancelled as of the time of taking at the option of eitherart . p Y In the event of a partial taking which does not render the Premises economically untenantable, the rent shall be reduced in direct proportion to the leasedro ert p p Y COMMERCIAL LEASE AGREEMENT — GRANT COUNTY HEALTH DISTRICT Page -2 taken. LESSEE shall have no claim to any portion of the compensation for the taking or damaging of the land or building. Nothing herein contained shallp revent the LESSEE from his entitlement to negotiate for his own moving costs and his leasehold improvements. 10. PARKING: LESSEE understands that all parking is apportioned in conformity with controlling zoning ordinances, and that LESSOR shall have the right to make such regulations as LESSOR deems desirable for the control of parking motor vehicles on the real property described herein or property under LESSOR's control including the right to designate certain areas for parking of LESSEE, employees of LESSEE, customers and other lessees of said building. 11. LIENS AND INSOLVENCY: LESSEE shall keep the Premises free from any liens arising out of any work performed for, materials furnished to, g or obligations incurred by LESSEE and shall indemnify and hold LESSOR harmless against the same. In the event LESSEE becomes insolvent, bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of LESSEE, LESSOR may cancel this Lease at its option. 12. SUBLETTING OR ASSIGNMENT: LESSEE shall not sublet the whole or any part of the Premises, nor assign this Lease without the advance, written consent of LESSOR. This Lease shall not be assignable by operation of law. Any assignment shall not release the LESSEE from liability under this Lease unless the assignment states such and is approved by LESSOR. 13. ACCESS: LESSOR shall have the right to enter the Premises at all reasonable times for the purpose of inspection or of making repairs, additions or alterations. 14. DAMAGE OR DESTRUCTION: In the event the Premises are rendered untenantable in whole or in part by fire, the elements, or other casualty, LESSOR may elect, at its option, not to restore or rebuild the Premises and shall so notify LESSEE, in which event LESSEE shall vacate the Premises and this Lease shall be terminated; or, in the alternative, LESSOR shall notify LESSEE, within thirty days after such casualty, that LESSOR will undertake to rebuild or restore the Premises, and that such work can be completed within one hundred eighty g Y days from date of such notice of intent. If LESSOR is unable to restore or rebuild the Premises within the said one hundred eighty (180) days, then the Lease may be terminated at LES SEE's option by written ten (10) day notice to LESSOR. 15. ACCIDENTS AND LIABILITY: COMMERCIAL LEASE AGREEMENT — GRANT COUNTY HEALTH DISTRICT Page - 3 15.1 LESSEE agrees to maintain public general liability insurance on the Premises with broad form property damage and contractual liability endorsements and in the minimum combined single limit of One Million and No/100 Dollars ($1,000,000.00) and deductible of not more than Five Thousand and No/100 Dollars ($5,000.00) for bodily injuries and death, and shall name LESSOR as an additional insured. LESSEE shall furnish LESSOR a certificate indicating that the insurance policy is in full force and effect, LESSOR has been named as an additional insured, and that the policy may not be cancelled unless ten (10) days prior written notice of the proposed cancellation has been given to LESSOR. 15.2 EACH PARTY to this Lease will be responsible for the negligent acts or omissions of its own employees, officers or officials, in connection with or incidental to the performance of this Lease. Neither party will be considered the agent of the other. Neither party assumes any responsibility to the other party, for the consequences of any act or omission of any person, firm and/or corporation not a party to this Lease. 16. HAZARDOUS WASTE: 16.1 LESSEE agrees that LESSEE has sufficiently inspected and accepts the land, buildings, improvements, environmental condition, and all other aspects of the Premises in their present condition, and has asked and had all questions about such answered to LESSEE's satisfaction or has waived such inquiry. LESSEE accepts the said Premises "AS IS", including an latent y defects, without representation or warranties, express or implied, by anyone. p 16.2 LESSEE shall not store, spill, release, dispose of, generate, or keep or allow to be kept, any hazardous substances or materials (whether dominated sewage, toxic, pollutant, oxidizing, or any other description or substance on or about the Premises without the prior written consent of LESSOR and containing a precise description of the substance consented to. In the event of LESSOR's written consent, LESSEE shall comply with all federal state local and other laws, regulations and directives regarding the use safe ty,keeping and transport of such substances. 16.3 LESSEE shall indemnify and hold harmless and defend LESSOR from any and all claims, demands, losses, expenses, damages, clean-up costs attorneys fees and all related costs and expenses including court costs, and other expenses arising out of or in any way related to the use, storage, safety, g � y, transport, or disposal (or as otherwise provided herein) of such substances by LESSEE or by any of LESSEE's agents, employees, representatives or p assigns, including subtenants. 16.4 The provisions of this paragraph 17 shall survive the expiration of this Lease and any extension or holdover thereof as to any conduct or occurrences or COMMERCIAL LEASE AGREEMENT — GRANT COUNTY HEALTH DISTRICT Page - 4 events occurring prior to such expiration of extension of holdover termination. 17. DEFAULT AND RE-ENTRY: If LESSEE shall fail to keep and perform any of the covenants and agreements herein contained, other than the payment of rent, and such failure continues for thirty (30) days after written notice from LESSOR, unless appropriate action has been taken by LESSEE in good faith to cure such failure, LESSOR may terminate the Lease and re-enter the Premises. 18. REMOVAL OF PROPERTY: In the event LESSOR lawfully re-enters the Premises as provided herein, LESSOR shall have the right, but not the obligation, to remove all the personal property located therein and to place such property in storage at the expense and risk of LESSEE. LESSEE agrees that a landlord's lien shall continue to attach to the property whether or not removed from the leased Premises. 19. NO WAIVER OF COVENANTS: No conduct of a party shall constitute accord and satisfaction unless contained in a writing to such effect and signed by the parties. Any waiver by either party of any breach hereof by the other shall not be considered a waiver of any future similar breach. This Lease contains all the agreements between the parties; and there shall be no modification of the agreements contained herein except by written instrument. 20. SURRENDER OF PREMISES: LESSEE agrees, upon termination of this Lease, to peacefully quit and surrender the Premises without notice, leave the Premises neat and clean and to deliver all keys to the Premises to LESSOR. 21. HOLDING OVER: If LESSEE, with the implied or express consent of LESSOR, shall hold over after the expiration of the term of this Lease, LESSEE shall remain bound by all the covenants and agreements herein, except that the tenancy shall be from month to month and shall be for a monthly rate of one hundred twenty-five percent (125%) of the last rental rate under the Lease. 22. BINDING ON HEIRS, SUCCESSORS AND ASSIGNS: The covenants and agreements of this Lease shall be binding upon the heirs, executors, administrators, successors and assigns of both parties hereto, except as hereinabove provided. 23. USE: LESSEE shall use the Premises for the purposes of office space and public meeting areas and for other uses as determined by LESSEE, without written consent of LESSOR. In the event LESSEE's use of the Premises increases the fire and extended coverage or liability insurance rates on the building of which the Premises are a part, LESSEE agrees to pay for such increase. 24. NOTICE: Any notice required to be given by either party to the other shall be deposited in the United States mail, postage prepaid, addressed as follows: COMMERCIAL LEASE AGREEMENT GIANT COUNTY HEALTH DISTRICT Page - 5 LESSEE: Grant County Health District 840 E. Plum Street Moses Lake, WA 98837 LESSOR: Board of County Commissioners PO Box 37 Ephrata WA 98823-0037. or at such other address as either party may designate to the other in writing from time to time. A facsimile transmission will suffice in lieu of mail if receipt is confirmed as to date and time. 25. TERMINATION: By written notice, LESSOR may terminate the Lease, in whole or in part, for failure of LESSEE to perform any of the provisions hereof. The rights and remedies of LESSOR provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Lease. 26. WAIVERS: The failure of LESSOR to insist on the strict performance of any of the terms and conditions hereof shall be deemed a waiver of the rights or remedies that LESSOR may have regarding that specific instance only, and shall not be deemed a waiver of any subsequent breach or default in any terms and conditions. 27. INVALIDITY: Any provision of this Lease which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any of the other provisions hereof and such other provisions shall remain in full force and effect despite such invalidity or illegality. 28. ENTIRE AGREEMENT: This Lease constitutes the entire agreement of the parties, and supersedes all prior agreements, contracts and understandings, written or oral. This Lease cannot be terminated, amended or modified except by a written instrument executed by LESSOR and LESSEE, except as set forth herein. 29. APPLICABLE LAW: This Lease shall be governed by and construed in accordance with the laws of the State of Washington. COMMERCIAL LEASE AGREEMENT — GRANT COUNTY HEALTH DISTRICT Page -6 30, TIME IS OF THE ESSENCE- Time is of the essence in performance of any and all obligations Pursuant to this Lease, IN WITNESS WHE ROF, the parties have exeQuted this Lease thisdof �ay 2021. BOARD OF COUNTY COMMISSIONERS GRA,NT COUNTY, WASHINGTON I hereby certify that I know or have satisfactory evi encQ that Theresa id Atkinson signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Administrator of the Grant County Health Dis riot and acknowledged it to be their free and volmit ary act of such party for the uses and p Lu -poses mentioned in this I'llstrument, VERONI.CA R PEREZ Notary Public: State Of Washington COMMission # 20118421 My COMM. Expires Oct 30, 2024 COMMERCIAL LEASE AGREEMENT GRANT COUNTY HEALTH DISTRICT Page - 7 Notq't'P 011c for Washington State, Residing in Grant County. 4 m My Commission expir. l0- 30 -2'0z'f'f 3 0. TIME IS OF THEESSENCE: Time is of the essence in performance obligations pursuant p mance of any and. all g p nt to this Lease. IN WITNESS WHEREOF the arties p have executed this Lease this March, 2021, day of Bo OF CO�I�TY COMMISSION � s ERS r ATTEST: Ci nd arter, Chair Barbara J. Vasquez, Clerk of the Board- ard Danny E. S ne, ice Chair Approved as to form: Date- , 2021, Kevin McCrae WSBA #43087 Chief Civil DeputProsecutin Attorney y g Rob Jones, Member GRANT COUNTY HEALTH DISTRICT Theresa Adkinson, Administrator State of Wa.shin ton g ) ss. County of Grant T hereby certify that I know o signed y r have satisfactory evidence that Theresa Ad signed this instrument, on oath stated thatkinson they were authorized to execute the instrument acknowledged it as the Administrator of the and Grant County Health District and acknowledged ' be their free and voluntary act of such art ged it to • party for the uses and purposes mentioned in this instrument. COMMERCIAL LEASE AGREEMENT GRANT COUNTY HEALTH DISTRICT Page.-