HomeMy WebLinkAboutAgreements/Contracts - New Hope DV/SACOMMERCLkL LEASE AGREEMEENT
THIS LEASE is made and entered into effective the day of July, 2019, by and
between:
MARIO PADILLA and CINDY PADILLA, husband and wife, hereinafter
1�
referred to as `THE LESSOR. 1)
and
GRANT COUNTY, dba NEW HOPE, a not-for-profit crovernmental entity
hereinafter referred to as "THE LESSEE."
RECATTALS
ATHE LESSOR owns the below -described premises and THE LESSEE desires to.
lease the said premises from THE LESSOR.
NOW THEREFORE. for and in consideration of the covenants and conditions herein and
other valuable consideration, THE LESSOR leases to THE LESSEE, who accepts this Lease,, a
portion of 306 Beech St., loses Lake, Washington more particularly described as follows:
Lots I through 71 Guffin Tract No. 2, according to the plat thereof recorded
z!
In Volume 2 of Plats, pacre 107, records of Grant County, Washington.
6
Parcel Nos. 09-15178-000; 09-1.579-000,-09-1580-000 09-1' 1-0o0; 09-158
000; 09-1583-000; 09-1-584-000
More specifically this lease is for Suites A and B, consisting of appromimately
'5
1950 sq. ft.; and the common area (haUways and bathrooms) consisting of
approximately 1025 sq. ft. The bathrooms and hallways are subject to the access
and use by the tenants of Suites C, D, and F.
NLL UPON THE FOLLONNTN-G TERMS AND CONDITIONS:
I .
1. TERM: The term of taus lease shall conmence on July 1, 12-019 and shall terminate on.
May 31, 2022,,and THE LESSEE shall be entitled to possession throughout such term provided
THE LESSEE, continuously complies with the terms and conditions here*
in.
2. RENTAL- THE LESSEE shall pay, as rental, the sum of Two Thousand Six Hundred
and 00/1.00 Dollars ($2,600.00) per month, of which Three Hundred and 00/100 ($300.00) is
being; donated by THE LESSOR, for a net rental of Two Thousand Three Hundred Dollars and
I
00/100 ($2,1300.00), plus additional rent as set forth in Paragraph 5. Beginning on the first day of
Z-7
the 13" month of this lease, the rental shall be increased two percent (2%) per month to Two
Thousand Three Hundred Forty -Six and 00/100 Dollars ($2346,00) per month for 12 months of
which Three Hundred and 0011100 ($300.00) is being donated by THE LESSOR, for a total rental
value of Two Thousand Six Hundred Forty -Three and 00/100 Dollars ($2,643.00). Beginning on
COMMERCIAL LEASE
Pacre I of 13
Z:�
the first day of the 25r11:month of this lease, the rental shall be Mc eased two percent (2%.) per
inonth to Two Thousand Three Hundred Ninety -Two And 00,/ 100 Dollars ($23 92,00P er tilonth
for 1.2 months of which Three :Hundred and 00/100 ($300,00) is being donated b -y THE LESSOR,
for atbtM rental valueofTwo Thousand S-ixHttndredN-'ety-1'
in wo, and 00/100 Dollar,
($26910-0).
Rent is due, in advance, without receipt of a billing -or statement, the first day of each.
month and is to be paid directly to THELE -a -half percent (1.5�/o) s ice
SSOR. A one -nd one ery
charge will. be collected for pcayinents received after the -tenth of the month for the month in which
they -are due. if any
check received by THE LESSOR is returned for any reason,, THE LESSOR
will make can -additional charge of Twenty -Five Dollars ($2_").00),
In the evefat the terra of this Lease sha.l.l. begin or end other than on the first day of a
calendar month, the rental for any such partial month shall -be pro -rated.. Rental for- months other
than partial months shall be paid on the first day of each calendar month, in ad-vance for the
ensuincy' month.
I OTHER TAXES: THE LESSEE shall pay all taxes, licenses, ,.anal fees, which. by law
are imposed. on THE LESSEE by reason of THE LESSEE's operations or upon any of TEE
LESSEE's personal property - situate in or about the leased premises. If other taxes licenses, "or
P
fees, which by law are .imposed on THE LESSEE or assessed upon the pren-iises leased herein
during the term of this Lease by any gover=ental agency, THE LESSEE shall reasonably pay
1 4-W
same.
4. USE: THE LESSEE shall not use said premises Bot any -other purpose other than the
use. of.cencral executive office space and the uses resulting thereby -without the prior written.
consent of THE LESSOR I in which said consent shall not be unreasonably withheld. THE
LESSEE agrees that no stock of go.ods will be carried of anytl�ng don'e'in or about the premises
which will increase the present rate of insurance.. The rental contained herein is predicatedon...
amoncr other thi-mys, THE LESSOR's exisftin.cl insurance- premiums and in the event that THE
LESSEE's. usage sha1l cause an increase in the rate or rating then in that event THELES SEE
shall reimburse THE LESSOR for any resulting. increase.
5. OPERATING COSTS: THE LESSEE and THE LESSOR are to be responsible: forthe
qperatincr costs of the Premises in accordance with the followim g, .table:
t�f ...
Operating Costs Paid by
LESSEE
Paid -by Paid by LESSOR
LESSOR Rdimburs'ed by LESSEE
Property Taxes
100%
Buildincrcasualty insurance
t
100%
.business Liceilse100%
COMMERCIAL LEASE
Page 2 of 13-
C)
Water./S wer/Garb atee*
Ele.c.tricity,"G8*
T_
X
X
Telephone
100%
Lia 'bilityIns"urance
100%
Snow, Rernoval/Parking Lot
Cleaniiag*
Landscape'Ma,intenanoe.
X
Premises Janitori-nl
al
.100%
Con im. Area Janitorial
100:/o
Building Interior
Maintenance
X
HVAC Maintenance &
L -Repair I
X
*THE LESSEE reimburses THE LESSOR for thirty percent (30%) of the total expense for the
buildina for these itemsas additional rent.
6. MAINTENANCE AND REPAIR:.
(a) THE LESSOR shall make all necessary repairs to the interior of the leased
preimses, inctudih window and plate'lass and the fixtures: andeqUIDMe nt therein or used in
connection therewith, includin.� the maintenance of all fixtures and equipment. located within the
leased prermises.
which repairs shall be in quality and class equal to the original work, in order -to
maintain said prenuise'.s, fixtures, and equipment in gQod condition and repair; provided, however,
that THE LESSEE shall be responsible for any painting, carpeting, or any repair necessitated by
THE LESSEE's nectlect or omission. THE LESSEE shall at all tinies keep the building, curtilage,
and the comn-ion areas in a neat and clean condition, and shall con=it no waste of any k*
ind. THE
LESSEE acFrees to keep all rubbish and -garbage in containers while' on the teased premises. and
-
shall dispose of -all such. rubbish and crarbacre in the dum ster or other -containers provided. by
P
THE. LESSOR and located on the .Lease premises. THE LESSEE shall . perform and provide for all
of THE LESSEE"s j anitorial services required on the leased premises. THE LESSEE is required
to furnish and use. floor mats' under all chairs behind desks.
(b) THE LES Sod.shall maintain the HVAC, heatingZ, air-conditionin( g- (micluding
recharging of s stem. an, .replacement -f flit and.
y d ep cemento Iters as. required. by the manufactureT), plumb ing,.
heating lines- however, all repairs to the HVAC heating, air-conditioning, plumbing, and heating
lines necessitated by the action of THE LESSEE or THE LESSEE's agents or em-ployees shall be
a the expense of THE LESSEE.
(c) THE LESSEE at its sole cost and expense., shall regularty inorlitor the
premises for the presence of mold or any conditions that reasonably can be. expected togive rise
COMMERCIAL LEASE
11
Paore 3 of ;,u
0
J
to mold and shall pron-i-ptly noffy, THE
LESSOR in writinor if THE LESSEE suspects mold at the.
prelauses.
(d) The costs of maintenance and repairs are allocated according toPari gnaph 5
herein, If THE LESSEE fails-,: to perforn! its Obligations of n1ainte-nance and rop Airs he re -under,
THE LESSOR is authorized to come onto the leased preft ists, make such repairs and perform
such maintenance and upon billing to THE LESSEE by THE LESSOR, THE LESSEE. shall
reiMbUrs.e . THE LESSOR for the costs of such rs, p
tepii n interest thereoat. the, rate of Twelve
r
Percent (12%) per aimum. Upon the expiration of or prior teimffiation of thds lease, THE LESSEE
shall remove all property of THE LESSEE from the pren-E*ses, except. Plumbing and other fixtur'es
and leasehold improvements which may ha-ve been installed by THE . LESSEE and.,except as
other-vvise provided in, this Lease, and surrender the leased premises to THE LESSOR "broom.
clean" in as food order and condition as they Were upon THE LESSEE collunencing busiiiess, or
were placed by THE LESSEE thereafter, ordinary wear and -tear and damage by fire. excepted,
AhY Property left on the premises after the ex *ration or other ternEhation of this Lease may be
.
disposed of by THE LESSOR in any manner and without any liability to THE LESSEE.
7. SAFETY AND HEALTH REGULATION S: THE LESSEE shall -maintain: the leased
area in accordance with the latest. regulations off'' OSHA., WISHA ,and the 'Unifonn Fire Code,
THE LESSEE shall provide, adequate fire extingmishers to the leased area in accordance., Nvith
NVISHA, and the Unifonn Fire Code, and shall be -responsible for maintenance and associated
costs of said fire extincruishers and all other safety requirement's, as prescribed by WI HA and the
4�
Unifonr,, Fire Code.
8.S'TOR.-A-GE-AiNDHNDLINGCE NIATERLALS.- THE LESSEE will be responsible
for the ha-ndlfficr and storing of all materials in accordance with the Uniform Fire Codeand all
applicable federal,. state., caunty, and Municipal recrulations felating thereto..a'nd that all
manufacturing processes and procedures will comply Nvith said codes and goven=ental
regulations. No outdoor storage of materials and supplies- or equipment, or outside operations or
pursuits shall. be allowed, --mess THE LESSEE. first obtains approval in writ intyfor such storage
from THE LESSOR.
9. THE LE OR" ACCESS FOR INSPECTION: THE LESSEE will allow -THE
LESSOR or THE LESR's free access to said premises at all reasonable times,, 8U . bj �act
agents,
to LESSEE `s security requirements and twenty-four (24) hours' notice, for the purpose of
inspctio sy including wft.h6ut linn*tatiohs fire and 'safety inspQctions r- of making repairs,,
additions, or alterations to the premises or any property owned by or under the control of'THE
LESSOR, but this riGht. shall not be construed as an agreement on the I ""THE LESSOR to
t_1 part orl
COMMERCV,�L LEASE
Page 4 of I J
make any repairs, all of such repairs to be made by THE LESSEE except as provided in
paragraph 6 herein. THE LESSOR shall have the ricrht*.to.pla.ce:and maintain"For Rent" signis in
a conspicuous place on -the preliu*ses for Thirty (30) days prior t6 the expiration of this Lease.
10. INSPECTION AND RELIANCE.'I"HE LESSEE agrees that it has made fall
inspection of the described premises and that neither THE LESSOR nor its successors shrill be
held to any covenant respecting the condition of said premises or improvements .nor or to any
agreement. for alterations
improveinents, orre�pairs unless the a.green. ebt. re.1 ed on he. in wniting,
and attached to and made a part of this Lease. THE LESSEE relies. solely- upon the inspection and
familiarity with the prermises in enteringr into this Ag' t
reement. THE. LESSEE acknowledges that
THE LESSEE does not rely upon. any statement or representation of THE LESSOR or any person
on THE LESSOR's behalf in entering into this Lease. THE LESSEE .further acknowledges that
4:�
this Agreement is accepted and executed on the basis of THE LESSEE's own examination ation aiid
personal 'knowledge of the property and opinion of the lease value thereof.
A
FIRE OR CASUALTY. DAMAGE E.
(a:) Should the buildin( facilities be damaged by fire or other casualty., THE
LESSEE shall immediately :notify THE LESSOR of such damage and if the damage is repairable.
within Six (6) weeks working time (wifl-1 -the, repair and th . -par i
I e pn, at'ons therefore to be done
dun"ncregular working hours on, regular work days), the damage shall be repal"red with due
Zy � Z:� ?-"-
diligence by THE LESSOR, and in the nicantime the monthlyrentalshall cease.
(b) Should the- buildiner be completely destroyed by fire or other casualty, or
should the building and. the parking area be damacred to such an extent that the damage cannot be
repaired within Six. (6) weeks work nor time THE LESSOR. shall have the option to terminate this
Lease on. Thirty. (3o days notice, effective as of any date not more. than Sixty X60) days after the
occurrence. h -i the eivent that this paragraph shall be' applicable, THE L.E, S S OR shall advise-
come ap_
THE LES SEE within Thirty ('_30) days after receiving nonce of the damage whether THE
LESSOR has elected to continue the Lease in effect or to tern-ftate it. If THE LESSOR SHALL
ELECT TO CONTRqM. THIS Lease in effect, i shall comm with due
it ence and prosecute
diligence any worknecessary to restore or repair the prelnuses.
12, DAMAGE TO LES SEE' PROPERTY OR PREMISES:
THE LESSOR and its agents shall -not be liable 'in
1� damages, by abate eilt in
rent. or otherwise, -for any damage either to the person, or the property of THE LESSEE. .or for the
loss of or damage to any property of THE LESSEE by theft or -
W from any other cause whatsoever,
whether similar or dissirni'lar to the foregoing. -THE LESSOR or its agents shall not be liable for
any injury or damage to persons or property, or loss orinterruption to business resulting from
COMMERCIAL LEASE
Page 5 of 1.3
explosion, falling plaster, steam, gas.., electricity, water, rain, snow-, or leaks from any part of 'the
bu*ildir1g-,orf rbni the pipes, ap iances, orplunbin6 vorks off- the roof, street or subsurface
or fi-om any other place, or by dampness, or by any cause of whatsoever nature,;.nor shall THE
LESSOR or its agents- be liable for any damage caused by other tenants, or persons. in said,
b4ilding, or caused b structi -11 -public or qLiasi- W
y operations. in con o of any private or I
public. ork.
None of the lin-riCations of the: liability of THE LESSOR or -it's agents provided -for in this
sLibsection (a) shall apply if such loss, injury or damages are e proxi�ately caused by the gross.
negligence or breach by THE LESSOR., its agents, employee8, or independent contractor.
(b) THE LESSEE shall be liable for any damage to the building or property
-therein which may be caused by its act or ents,
neogligenc'e, or the acts of its ag employees, or
4-1 .--
customers, and THE LESSOR niay, at its option, repair such damage, and THE LESSEE shall
thQre'upo.PI reimburse and compensate THE LESSOR as- additional rent, within Thirty
0). days
after rendition of a statement by THE LES SOR forthe total cost of'such repair and damacre.
13. INSURANCE:
(a) THE LESSEE hereby inde-nunfies, and agrees to hold THE LESSOR han-nless
and free from damages sustained by person or
Z:7 property, and against all 61aims of third persons for
damages arisiho,_r out of THE LES-SEE's use of the leased an
premises, -' d for all damages, a -t -id
enu s
monies paid out by THE LESSOR in settlement of any claim orJudgments, as well as for all
expenses and attorney's fees in comiectilon. therewith.
(b) THE LESSEE, shall, during the entire tetim of the Lease and any renewal
hereof, keep in full force and effect a policy of public liability and property" damage insurance
with.respect to the leased prelmises and the business operated by THE LESSEE.
Y
(c) THE LESSOR, -at its sole cost and expense,- agTees to keep the. buildi and
.improvements (including the. leased prermises).insured against .loss: or damage by fire or other
casualty insurable under standard fire and. extend -ed coverage insurance in an amount equal to the
full current replacement cost of said buildinor(s).
14. ASSIGNMENT OR SUB-LETTLNG.: THE LESSEE sha'11 not assigm this Lease in
whole or in part nor shall THE LESSEE sub -let any or all of the premises, except with written
consent of THE LESSOR first had, which said. consent shall not be unreasonably Withheld. Any
attempted. assignment. or sub -lease withou't.such consent shall beV 'o'dableat.theoiption of THE
1
LESSOR and no assiggment of sub -lease shall relieve THE LESSEE of -its obligations hereunder..
N'otw ithstan -ding, THE LESSEE. n.iay sublet to any of its wholly-owned subsidiaries, companies,
or enterprises..
COMNERC IAL LEASE
Page 6 Of 13
I 2"S. ALURATION OF PREMISES: No construction shall be carried on bar
TFIE
LES SEE without the -written consent of THE LESS OR and any construction shall be in
accordance -with plans and specifications w-hich ha! vee been -P a -proved in Nvritin�, in advance, by:
THE LESSOR. THE LESSEE shall per all such canstruction in accordance with
P -all state and
loc,al bufldin.a aftd electi-Ical codes and obtain all n alts and ins .as are
ecessary permi p ions.
required.. It is agreed that any improvements* and new construction, alterations, and remodeling
undertaken on the leased property shall beat no cost to THE LESSOR,. and THE LESSOR shall
be held harmless from any costs thus .incurred in providing -for said alterations,, mod . 'ifications or
.
remodelinc,r, urdess, specifically otherwise aggeed in wn'ting. In the event of -removal of' -such
structure or improvement, THE LESSEE shall .restore the preMis's to its onicrinal condition -and
configuration, unless such restoration i's waived. in writing by THE LESSOR, Any iniprovement
installed on. the leased pre n.-dsesand permanent affixed to the prenuse,<
. will become a part. of
THE LE ..'s property at the t.emunation of the Lease.
THE LESSEE will -be responsible to pay all taxes on -such personal property
iniprbvem e*bts prior to termination. of Lease. THE LES EE wi.11 be responsible for notifyincr
those taxincr acTencies that would be responsible for collect' ate taxes for those
Z:t 11 In collecting the. appropriate
im.proveaments that are considered pen-nanent in nature.
Personal property items affixed to the premises with intent that such items be removed at
the terrmination of the Lease and trade fixtures nay be ren-ioved at the termination of the Lease if
such removal can be accomplished without damage to the premises. THE LESSOR. shall have the
right to assess additional leasehold tax to any improvements by THE LESSEE that at THE
LE OR's discretion are considered peimanent in nature..
16. NOTICES..- Ariy notice to. be given or. sere edfar any reason whatsoe-ver, whether
pursuant tothe terins of this Lease or any-provisian. of law shall besent by certified mail to the
parties. hereto as follows:
THE LESSOR Marie .Rqdilla and Cindy P-adilla
1028-1 Baseline E Road
Moses Lake, WA 98837
THELESSEE Grant Cbunty, dba New Hdpe
Suzi Fode, Director
c/o Grant County Admi.n.1-strative. Services
PO Box 37
Ep:h,rata, WA 988.23
COMMERCIAL LEASE -
Page 7 of'I 3
It for any reason, a C'11�iige of address is made, tSm -the party making said. chalage Shall
notify the other -party by certified mail or personalservIce,
17. DEFAULT.- If any rents reserved, or any part thereof, shall be andrenirainunpaid
when. the same- shall become due,. or if THE' LES S EE shall Violate or. default in any of the
covenants and agreements herein' contained, the�n THE LESSOR may .canal this Lease upon
x
glvin,& Thirty (30) days notice for failure to pay or any other violad n herein, and THE LESS -OR
shall have the right, after expiration of the notice period, to re-enter and take possession. of the
premises. Notwithstanding such re-entry by THE LESSOR the liability of THE LESSEE for -the
rent, taxes, and utilities provided for herein shall not be extinguished for the. balance of term of
this lease. THE LESSEE shall continue to they pay the rent, taxes, and utilities as become due
f "Y'
and covenants and agrees to make good to THE LESSOR any deficiency each month as the
aniount thereof is ascertained by THE'LESSOR. No action of THE LESSOR in terinincatingor this
'Lease or -takiner poss'ession -of the premises shall impair or reduce THE LESSOR'S rights under
any bond. or other security.
18. ACTS OFDEFAULT: The occurrence of any one or more of the Bollbwi n*( -,j, events
Z>
shall constitute a default and breach of this lease by THE LESSEE;
4�
(a) The. vacating or abandormient of the premises by TFIE LESSEE;
(b) The fallure of THE LESSEE to make any payment of rent or any other
Payment requIred to be made by THELESSEE here -under,
as and when due, where such failure
shall continue for a period of Ten (10.) days after Nvn*tten notice thereof from THE LESSOR to
THE LESSEE;
(c). The: failure by THE LESSEE -to observe or perform any of the covenants,
co-nditions-,, or provisio'ns of this Lease to be obsen,ed or perfornied by THE LE'SSEE., other than
described in paragraph (b) above where such failure shall continue for a period of Thirty (3.0)
days after wn'-tfenanoftice thereof from THE- LESSOR to THE LESSEE
provided hbwever. that if
the nfature of THE LESS E'Es default is such that more, than Thirty X30) days are reasonably -
required for its cure, they: THE LESSEE shall not be de%emed to be -'in default if T.E. LESSOR
determines that THE LESSEE'has corm-nenced such cure within said Thirty (3,0) day period 'and
thereafter diligently prosecutes such -cure to completi
ion,,
(d) The making by THE LES -SEE of any general assigiu-nent or general.
arrangement for the. benefit of creditors
(e) The filing by or against THE LESSEE of a petition to have THE LESSEE
adjudged. bankrupt or a petition for reorganization or arrangement under any law - latinto g
ge re
COMITMERCIAL LEASE
Page S. of 13
bankruptcy (unless,, in the case of a petition filed against T. L'
ESSEEP the same is dismissed
within Twenty (20) days);
(f) The appointment of a trustee or.feceiv& to take- po 0 ssessio-
n of substantially all
of THE LESSEES assets located at. the premises or of THE LESSEEs interest in this Lease
where poss-es'sion is not restored to THE LESSEE within Thirty (3Q) days; � ''or
.-
(g) Thi attachment, execution, or other j udirial seizure, of substantially all of
THE LESSEE ..s. assets- located. at the prenu'ses or of THE LESSEE s interest in this Lease where
seizure is not discharged within Thirty (30) day,8..
19. REMEDIES INI EVENT OF DEF AULT: If a default occurs THE, LES S OR shall
have any one or M* ore of the folloW11101remedies at its el
ection:
(a) Without barring later election of any other remedy, THE LESSOR, without
tai ingpossession
Z:of the den-iised prtn�i.ses, may require strict performance of all the coveAants
and obligations hereof as the same.. shall respectively acrue and shall have the, right of action
therefore;.
(b) Without bam 4n2 later of any other remedy, THE LESSOR may take,
possession of the de-mised premises through suit or othemrise ., for the purpose of relettingr thein
for the ac -count of THE LESSEE", and in that event -may relet the pren-dses, or any part thereof, at
such rental and upon Such terms and conditions as THE. LESSOR nay deem proper, fofany terms
not. exceeding the then -unexpired tear of this Lease. In such event, THE LESSEE shall be liable
for any: and all expenses inourred. by THE LESSOR in or about such reletting includincr agents,'
or brokers,con=s-sions: and attorney fees. TI4E. LESSEE shall be entitled to credit for the net
amount of rental so received after deducting such expenses and any other items properly
charcre-able against THELES SEE under -the terms hereof, and shall pay THE LESSO.R'ucb sums
as may be required from time to time 'to make. up the rental provi ded for in this- Lease, and THE
LESSEE 'shall I lkewice c - o n
..tinue to be liable for the performance and observance of all other
covenants and conditions hereof THE LESSOR shallbavie, fro -in time- to time a8 the same accrue
or at any longer intervals., or at or after the expiration of said term,right of action. against. THE
LESSEE for all 'sa m*e so . accruing, and the, statute of-litnitations shall not commence to ruff against
such right of action until the expiration of the term of thi's- Lease,,
(c) THE LESS -OR may take possession of the demised 'remises, through suit o
P i r
othel-Wise and may relet the same. for the entire r
emqmintenn.of this Lease or for any.lon�er
tern:. In. such. event, at the option of THE LESS -OR, THE LESSEE shall be forthwith liable, and
THE LESSOR shall .have the right of actionimmediately or at .any later time, for difference
between the aggre�rate of the i sums then accrued and thereafter to accrue tinder the terms
. I 1;1� e unpaid
COMMERCIALLEASE
Page 9 of 13
hereo-j". and the net amounts actually or presumptively to be realized (during; the unexpired teen of
this- Lease) through such. reletting after deductin.cr brokers' commissions, attorney fees, and any
other 'expenses chargeable a,,,a'nst THE LESSEE.
The right and remedies of THE LESSOR under this, Lease shall he cumulative and -in
rem.edy shall not impair" THE LESSOR' S right to y the remedy provided by I'' or in equity.
an other aw i qu
20. WAIVER OF RIGEI-TS: The fail -Lire of THE LESSOR to insist upon strict-
perfonnance of any of the covenants and agoTeements of this Lease,, or to exercise any option or
ncrht herein conferred, shall not be consti-Lied to be a wa'
Z� iver or rel inquislunent of any such option
or right, or any other covenants or agreements, but the sanie shall be and rernain in full force and
,effect.
21. REMOVAL OF PROPERTY: In the event of any entry in, or taping possession of,
the leased prernises as aforesaid, THE LESSOR shall have the right, but not the oblic-ration, to
remove from the teased prep all personal property located. therein, and may store the same in
any place selected by THE LESSOR, including but not'llmited to a public warehouse, at the
expense and risk of the owners thereof, with the ricrht to sell such stored property., after it has been
stored for Thirty (30) days or more, without notice to THE LESSEE. The proceeds of such sale
shall be applied first to the cost of such -salte second to the payinent of the charges for storage, I
any, and third, to the payz aent. of any other sums of money which. may then be due from THE
LESSEE to THE, LESSOR under any of the terms hereof The balance, if any, shall be paid to
THE LESSEE.
22. TRAINSFER OF OBLIGAMON: The covenant's and agreements of this .ease shall
be binding upon heirs,leggal representatives, successors and assigns of any or all of the parties
hereto,
13-, NON-DISCPJNIATION: THE. LESSEE agrees not. to discriminate ac,,ainst any
person. or class of person b of race, national brigin, g,.ender, or- sexual
y reason r creed m
preference in tne use of the premises herein dermise.d.
24, ATTORNEY FEES: It. is understood. and agreed that in the event it is necessary for
either part to encrage the *Se*rV1C-es of attbmey t6 enforce
Y any provis.ion of this 'Lease, the
prevallina party in such action sball be entitled to reasonable attorney fees in any state or federal
court, inclu'ding attorney fees and costs on appeal, in addition to the statutory attorney fees., even
though said suit results in the for-feitur'e of this Lease.. At THE LESS'OR's option, the venue of
any, court proceedings shall lie in Grant Count -
9 y-, Washingaon.
COMMERCIAL LE ASE
Paas 10 of 1 13
In the event that'THE LESSOR employs an attorney for the purpose ofsendinCy a notice
to THE LESSEE for the defaults or covc�nant violations of THELES SEE, then THE LESSEE
sh -all pay a. re�asonable Attorne-y fee for the pr"ep, aration and costs of delivery of the sa-d notice.
2-5. TLME OF ESSENCE: -Time isof the, essence.. of eachandevery condition of this
Lease and the failure of THE LESSOR to insist upon strict perforn-iance of any of the covenAnts
and agreements of this .Lease,. or to exercise any option herein conferred in any one :ornone
instances, shall not be construed to be a waiver- or relinquislunent of any such, or any other
covenants or agre e-ments but the -,mmc shall be and remain in full -force and effect.
26. CONDEMNATION: If the premises or any portion thereof are taken under the
power of erninent domain or sold. by THE LESSOR under the thredt of exercise of such P -Ower
(all of whiuhls herein referred to as"condenmation"), this Lease sluall temiinate as to the part so
taken as of the date the conden-mina authority takes title or possession, whl�hever oc.curs-first.
27. HOLDING OVER:-IfTHE, LESSEE shall, with the consent of THE LESSOR or
THE LESSOR's aorent hold over after the expiration of the tenii of this Lease- such tenancy shall
be for an indefinite pen`od of time on a month -t -month tenancy, wl-:ch tenancy .ma be.
te=`nated as provided by the laws- of'the State of Washin5on. During such tenancy THE
LESSEE agrees to pay to THE LESSOR the same rental sum as was due prior to the expiration of
g
the Lease,,
28.GENTERAL LEASE TERMS:
(a) Time- Time is of the essence of this Lease and of each covenant and condition
to -be performed hereunder,
(b) Interpretation. Except where the content of this Lease- clearly requires another
i nterpretafion, plural words have. been used to include the singular, and masculi4e fernin-ined
an
neuter words have. been used. interchancreably. Use of the word "may" shall denote all option or
priv`le'e and shad in p se inno obligation upoti the party, which maye , Xerc e such o' tion o
-is r
privilege- use of -the word "shall" shall denote a duty or an obliaation. The paragraph headings
used herein are f6r convenience only and shall not be resorted to for interpretation.
(c.)- Bine ink: This Lease shall inure to and be- bftidM`& on all parties, their estates,
heirs, personal representatives, successors in interest, and assigns.
-I.. Iti
(d-) Entire Aggeernem. s express.lv: agreed that this is an integrated Lease and
ernbodies the full., entire,. and integrated agreement of the parties 1acreto and supersedes all
prior
negotiations and agreements and that there are no other representations or warranties, express or
implied, concerning this Lease', e_ cep. t as specifically stated herein. All prior, representations,
COMMERcrAL LEASE
Page I I of 13
conversations, or preliminary negotiations -sha-11 be deemed to* be merged in tliis tease, or to be
rej ected.
(e) Extension of Tim- e: Any.exteiission of time in payments or acceptance of past
thereof, or fa-flure. of THE LESSORto enforce -promptly other ther breach of this Lease by THE
LESS'E-*.E- shall -not. be construed as a waiver on the part. of THE. LESSOR of the stnet perfon-nance
of all of the covencuits and conditions horein.-and, shall not
I prej dice any of THE LESS DR's
reanedies.
(D Applicable' Law: This lease shall be 'ovem'ed by and construed unde"r the laws
9
of the. State of Washington.
(g) Invalidity: If any provision of this Lease, or portion thereof,. or the application
thereof to any, person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Lease shall not be affected. thereby., and -each provision of this. Lease shall -be
valid and: enforceable to the fullest extent per fatted by law.
(h) Remedies Cumulative-. All remedies provided in this Lease are, distinct and
Cumu ive to any other rig
tat' -rht or remedy under this Lease or afforded by law or equity, and may,
be ercis d concurrently, independently, or successively
29. DAMAGE DEPOSIT: THE LESSEE shall tender the stern of Two Thousand Three
Hundred and 00/100 Dollars ($2300) as a Darnage Deposit for the performance of THE
LESSEE'S oblications hereunder. THE LESSEE hereby agrees, acknowledges, and understands
that all or a Portion of the. Damacre Deposit may be retained by THE LESSOR upon ten-nination
of the tenancy ancVor that a refund of any portion of the Damage Deposit to. THE LESSEE IS
Z__
conditioned as follows:
(a) THE LESSEE shall have complied with all Of the Conditiolls of this Lease;
(b) THE LESSEE shall restore the premises to its condition at the
co=iencement of this tenancy.. les.s wear and tear from norm,91 usage
(c) THE LESSEE shall rep*lace or repair any naissing or daniacred personal
property provided by THE LESSOR; and
(d) THE LESSOR. shall mail to THE LES, SEE, Within Fou'rtee- n (14) days after
the termination of the tenancy and vacation of the premises, at such address as specifically set out
herein, a full and specific statement of the basis for retention of any or all 11 -of the Damage. Deposit,
together with payment of any. Tef und. due to THE LESSEE.
COMMERCLU, LEASE
Page 12 of 13
DATED tl-dsday of
3C 2019
THE LESSOR�
K4ARJ0'PADrhLA
/Aft E S T
J AAARA J. UjEZ,-, OeAju
R. VA-�
"ler' of Board
COMMERCIAL LEASE
Pacr4:�,e 13 of 13
I
THE LE.8S-EE.-
G'R'ANT eOUNTY DBA NEW H . ORE
Suz.fFODE, DIRECTOR
YOPROVED this c�
. 157rclayof4vx�,1019
BY: u
BO. -,\.RD, OF COUNTY COMMISSIONERS
RICHARD STEL,TNS, MEMBER