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HomeMy WebLinkAboutAgreements/Contracts - GRISK20-007 LEASE AGREEMENT COMMERCIAL PREMISES This lease, by and between Grant County, by and through Grant Integrated Services, 840 E. Plum Street, Moses Lake, WA 98837 (Lessee), and Pablo and Elsa Cedillo, husband and wife, (Lessors) 1. Lessors hereby lease to lessee, a portion of those certain premises located at 130 Camelia Street, Royal City, Washington, 99357 (Premises); such premises described as one-half more of less of the structure currently standing and maintained at 130 Camelia Street, Royal City, Washington. 2. The term of this lease shall be for: (choose one option) a. (1) year commencing on the 11' day of February, 2020, and shall terminate on the 31st day of January 2021. b. (2) years commencing on the 11t day of February, 2020, and shall terminate on the 31't day of January 2022. 63) years commencing on the V day of February, 2020, and shall terminate on the 31s` day of January 2023. 3. Lessee agrees to pay Lessors the monthly sum of Eight Hundred and Fifty Dollars and No Cents ($850.00), with such monthly rent to be paid in advance on the 11t day of each month during the term of this lease. Provided: Lessee shall tender the final month's rent as contemplated within this Lease at the time of complete Lease execution. The parties may renegotiate the rent January 31, 2021 (if option (a) chosen above), January 31, 2022 (if option (b) chosen above), and January 31, 2023 (if option (c) chosen above) upon at least sixty (60) days written notice. 4. Lessor shall pay all charges for light, heat, water, sewage, garbage, and all other utilities and services to the premises during the full term of this lease. If the premises are part of a building occupied by other tenants, Lessee agrees to conform to Lessors' rules and regulations pertaining to the parts of the building that are in common use by tenants. Premises have been inspected and are accepted by the Lessee in their present condition, Lessee shall, at its own expense and at all times, keep the premises in 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 to waste, damage or injury to the premises. Provided, Lessor at all times during the lease term and at Lessor's expense, shall keep the premises and all improvements now or hereafter located thereon, and all facilities and equipment thereon, signs and lighting, and the adjoining sidewalks, curbs, vaults, and vault space, if any, streets and ways, asphalt surfaces, landscaping, and all appurtenances to the Premises, in a good and clean order and conditions, reasonable wear and use expected. Notwithstanding the foregoing, Lessor shall keep the Premises in such condition as may be required by all legal requirements and insurance requirements and shall promptly make all necessary or appropriate repairs, replacements and renewals thereof, whether interior or exterior, structural or non- structural, ordinary, ordinary or extraordinary, foreseen or unforeseen. Lessor shall be responsible for repairing the roof and structural elements of the Premises and any damage to the Premises caused by structural deficiencies. At all times material herein, Lessor warrants that the Premises fully comply with all applicable provisions as set forth in the Americas with Disabilities Act, 42 U.S.0 §12101 et seq. 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 Lessors' prior written approval. At the termination of this lease, Lessee will remove all signs placed by it upon the Premises, and will repair any damage caused by such removal. All signs must comply with sign ordinances and be placed in accordance with required permits. After prior written consent of Lessors, 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's harmless from damage, loss, or expense. Upon termination of this Lease and upon Lessor's request or Lessor's approval, Lessee shall remove such improvement 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 shall pay for any damage caused by such removal. In the event a substantial part of the Premises is taken or damaged by the right of eminent domain or purchased by 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 either party. 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 leased property 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 shall prevent the Lessee from his entitlement to negotiate for his own moving costs and his leasehold improvement. 4. Lessee understands that all parking is apportioned in conformity with controlling zoning ordinances and that Lessors shall have the right to make such regulations as Lessors deem desirable for the control of parking automobiles on the real property described herein or property under Lessors' control, including the right to designate certain areas for parking of Lessee, employees of the Lessee, his/her customers and other lessees of said building. Provided: At all times material herein, Lessee shall be entitled to parking in amount which does not unreasonably disrupt the Lessee's operations. If the Premises are not occupied by other tenants, Lessee shall control all parking on the Premises. S. Lessee shall keep the Premises free from any liens arising out of any work performed for, materials furnished to, or obligations incurred by Lessee and shall indemnify and hold Lessors 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, Lessors may cancel this Lease at their option. 6. Lessee shall not sublet the whole or any part of the Premises, nor assign this Lease without the written consent of Lessors, which will not be unreasonably withheld. 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. 7. 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, and to show the Premises to prospective tenants for one hundred eighty (180) days prior to the expiration of the Lease term. 8. If for any reason Lessors are unable to deliver possession of the Premises at the commencement of the term of the lease, Lessee may give Lessors written notice of its intention to cancel this Lease if possession is not delivered within (30) days after receipt of such notice by Lessor. Lessor shall not be liable for any damages caused by delay, and Lessee shall not be liable for any rent until such times as Lessors deliver possession. A delay of possession shall not extend the term of the termination date. If the Lessor offers possession of the Premises prior to the commencement date of the term of this lease, and if lessee accepts such early possession, then both parties shall be bound by all covenants and terms contained herein, including the payment of rent during such period of early possession. 9. 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, Lessors shall notify Lessee within (30) days after such casualty, that Lessors will undertake to rebuild or restore the Premises, and that such work can be completed within one hundred eighty (180) days from the 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 Lessee's option by written ten (10) day notice to Lessor. During the period of untenantability, rent shall abate in the same ratio as the portion of the Premises rendered untenantable bears to the whole of the Premises. 9.1 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 the Lease. Neither Party will be considered the agent of the other. Neither parry 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. 10. Lessors and Lessee each herewith and hereby releases and relieves the other and waives its entire right of recovery against the other for loss or damage arising out of or incident to the perils described in standard fire insurance policies and all perils described in the Extended Coverage insurance endorsement approved for use in the state where the Premises are located, which occurs in, on or about the Premises, unless due to the negligence of either party, their agents, employees or otherwise. 11. 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 for Lessors, unless appropriate action has been taken by Lessee in good faith to cure such failure, Lessors may terminate this Lease and re-enter the Premises, or Lessors may, without terminating this Lease, re-enter said Premises, and sublet the whole or any part thereof for the account of the Lessee upon as favorable terms and conditions as the market will allow for the balance of the term of this Lease and Lessee covenants and agrees to pay Lessors any deficiency arising from a re -letting of the premises at a lesser amount than herein agreed to, Lessee shall pay such deficiency each month as the amount is ascertained by Lessors. However, the ability of Lessors to reenter and sublet shall not Impose upon Lessors the obligation to do so. 12. In the event Lessors lawfully re-enter the Premises as provided herein, Lessors 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 lien shall continue to attach to the property whether or not removed from the leased Premises. 13. Lessee agrees that this Lease shall be subordinate to any mortgages or deeds of trust placed on the property described herein, provided that in the event of foreclosure; if Lessee is not then in default and agrees to attorn to the mortgagee beneficiary under Deed of Trust, such mortgage beneficiary shall recognize Lessee's right of possession for the term of this Lease. 14. No conduct of any party shall constitute accord and satisfaction unless contained in 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. 15. Tenancy beyond the expiration of the extended Lease term will be considered (1) month to month tenancy, and (2) monthly rent shall be at the rate of $850.00 unless otherwise negotiated under this agreement. Provided: Any further lease extension or holdover tenancy may be exercised only by the Lessee giving the Lessor irrevocable written notice thereof at least three (3) months prior to the commencement of any additional extended term or holdover tenancy, and Lessor's agreement to any additional term. Provided Further: Unless the parties otherwise agree, in writing, to any additional extended term, any holdover tenancy shall be subject to termination by Lessor upon not less than thirty (30 days advance written notice, or by Lessee at any time upon not less than thirty (30) days advance written notice. 16. Lessee agrees, upon termination of this Lease as set forth herein, to peacefully quit and surrender the premises, leave the Premises neat and clean, and to deliver all keys to the Premises to Lessors. 17. 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. 18. Lessee shall use the Premises for purposes of office space and public meeting areas for other uses as determined by Lessee, without written consent of Lessors. 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 Premise are a part, Lessee agrees to pay for such increase. 26. Any notice required to be given by either party to the other shall be deposited in the Unites States mail, postage prepaid, addressed as follows: Lessors: Pablo and Elsa Cedillo P.O. Box 593 Royal City, WA 99.357 Lessee: Uc 1 1 Dry -,ole v Slur% , Grant Integrated Services 840 E Plum Street Moses Lake, WA 98837 eXtGL4'Wgd1' t irectov 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. 27. Time is of the essence on this Lease. Dated this &"* day o lzo 20 BOARD OF COUNTY COMMISSIONERS Tom Taylor, Chair Cindy Carte , Vice -Chair Richard Stevens, Member ATTEST GRANT INTEGRATED SERVICES Barb Vasquez, Clerk of the Board q e Dell Anderson, Ri &V.ec w ve' Dirtt r Date: Date: I42-4. Approves as to form: By Kevin McCrae, Deputy Prosecuting Attorney Date: LESSORS: Pablo Cedillo Date: Elsa Cedillo Date: 1-Z-'30-19