HomeMy WebLinkAboutIL056 Interlocal Agreement LEASE AGREEMENT
This Lease Agreement is entered into this day of •
.Zt,C'Co ,between Skagit County Fire Protection District No. 11,a municipal corporation,
referred to as "Landlord"and i�� o4 Anax S
referred to as "Tenant".
The Landlord owns and operates a station facility located at 14825 Deception Road.
Anacortes,Washington that contains sufficient available space that Tenant desires to
Use for commercial purposes.
It is the purpose of this Lease to provide the terms and conditions under which the Landlord will
lease the necessary space to Tenant.
1. Lease Area and Use of Buildings. The area of the buildings covered by this Lease Agreement
which may be used and occupied by Tenant consists of Building 1 tJ EA-51
located at 14825 Deception Rd Anacortes,Washington 98221Tenant's authorization is to use
a limited space within the buildings and at no time shall the buildings themselves be under the
care, custody or control of Tenant. Tenant shall also have the non-exclusive use of the area
adjacent to the buildings for ingress and egress and for reasonable parking of Tenant
employee vehicles.
2. Rent, Tenant agrees to pay to Landlord a monthly rent of / (aOs` CA-I'M/VI" y
in advance, on or before the first day of each month_ In the event the monthly rent
on any Unit is not paid by the fifth of the month, a$50.00 service fee shall be due and payable. In
addition to the monthly rent,Tenant agrees to ay Leasehold Excise Tax in the amount of twelve
percent of the monthly rent for the amount of b I el zS: for a total of 1 7
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Funds are to be made payable and mailed to: Skagit County Fire District 11 14825 Deception Rd.
Anacortes Washington 98221
3. Alterations. Tenant agrees that it will not make structural alterations or
additions in or to the premises without the written consent of the Landlord.
Tenant may,however,make nonstructural alterations and install trade
fixtures on the premises,provided that such alterations and installations
shall not adversely effect the use of the remainder of the buildings by the
Landlord. In the event of the termination of this Lease,Tenant agrees that it
will remove all alterations and trade fixtures installed during the term of
this Lease and shall restore the portion of the premises used by Tenant to the condition it was at
the beginning of the term of this Lease, reasonable wear
and tear excepted;provided,however,that if Tenant shall make permanent
improvements to the buildings,with the Landlord's consent, such improvements shall remain
in the buildings in the event of the termination Lease.
4. Liability. Tenant agrees to indemnify,defend and hold the Landlord
harmless from all damages of every kind or nature that may be claimed or
accrue that arise out of Tenant's use and occupation of the portion of the
buildings and the actions of Tenant's personnel conducted on the premises
under the terms of this Lease;provided,however,Tenant shall not be liable
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for actions, damages or injuries arising out of the actions of the Landlord or
its personnel in the occupation and use of the buildings or for any actions,
damages or injuries arising out of latent defects in the buildings themselves.
5. Insurance. Tenant agrees to provide evidence of commercial general liability
insurance with at least one million dollar per occurrence,combined single
limit coverage for all activities conducted by Tenant on the premises.
6. Maintenance. Tenant agrees to maintain the area of the buildings used by
Tenant in a clean and orderly condition.
7. Hazardous Materials. In the event it shall be necessary for Tenant to use or
store hazardous materials in the buildings, such storage shall be conducted in
accordance with the statutes and regulations of the State of Washington
relating to the use and storage of hazardous materials. Storage of such materials shall be limited to
a quantity sufficient to meet the requirements from the premises on termination of this Lease.
8. Building Access. Authorized personnel of Tenant shall have access to the
building on a twenty-four hour per day, seven day per week basis. Tenant
agrees that if Tenant or Tenant personnel are negligent in the use and
occupation of the premises and if such negligence is the cause of damage to
the facility or damage to or loss of Landlord equipment,tools or supplies
located in the premises that Tenant shall be responsible for such damages or
loss.
9. Term. The term of this Lease shall begin on 4rc.1 3 LOQ
and end on Mesch 3 L 7 Loo`j
10. Attorney's Fees. In the event it shall be necessary for either party to employ
an attorney to enforce any provisions of this Lease, the non-prevailing party
agrees to pay all reasonable costs and attorney's fees incurred by the prevailing
party in such action.
11. Modification. This Lease represents the entire agreement between the parties.
No change, termination or attempted waiver of any of the provisions of this Lease shall be binding
on either of the parties unless executed in writing by authorized representatives of each of the
parties. The Lease shall not be modified,supplemented or otherwise affected by the course of
dealing between the parties.
12. Utilities. The Tenant shall pay all charges for gas, electricity,light,heat,
power,and telephone used in or supplied to the Leased property,provided,however,that the
Landlord shall pay all charges for water used in the Leased property,provided,however,
that the water consumption by Tenant shall be reasonable.
13. Default.
13.1 Termination of Lease. Upon occurrence of any Event of Default,
Landlord may,at Landlord's option,in addition to any other remedy or
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Right given by this Lease or by the law,
(a) Give notice to Tenant that this Lease shall terminate upon the
date specified in the notice,which date shall not be earlier than
five (5) days after the giving of such notice, or
(b) Immediately or at any time after the occurrence of such Event of
Default, and without notice or demand, enter on the premises or
any part of the premises,
and upon the date specified in such notice, or in any other notice
pursuant to law, or upon such entry, this Lease and the term of the
Lease shall terminate.
13.2 Event of Default Defined. Each of the following shall be deemed an
Event of Default:
(a) Default in the payment of rent or other payments required by this
Lease;
(b) If Tenant shall default in the performance or observance of any
other covenant or condition of this Lease to be performed or
observed by the expiration of the period of fifteen (15) days after
giving notice of such default or failure to Tenant by Landlord;
(c) Abandonment of the premises;
(d) The filing or execution or occurrence of:
(1) A petition in bankruptcy by or against the Tenant;
(2) A petition or answer seeking a reorganization,arrangement,
composition,readjustment,liquidation,dissolution, or other
relief of the same or different kind under any provision of The
Bankruptcy Act;
(3) .Adjudication of Tenant as a bankrupt or insolvent;or
insolvency in the bankruptcy or equity sense;
(4) An assignment for the benefit of creditors,whether by trust
mortgage or otherwise;
(5) A petition or other proceeding by or against the Tenant for, or the
appointment of, a trustee,receiver,guardian,conservator or
liquidator of Tenant with respect to all or substantially all
Of Tenant's property.
(6) A petition or other proceeding by or against the Tenant for
Tenant's dissolution or liquidation,or the taking of
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possession of the property of the Tenant by any governmental
authority in connection with dissolution or.liquidation;
(7) The taking by any person of the Leasehold created by this Lease
or any part thereof upon execution,attachment of other process of law
or equity.
13.3 Repossession. Upon termination of this Lease as provided above,or pursuant to
statue, or by summary proceeding or otherwise, the Landlord may enter the
premises immediately without further demand or notice,if Landlord has not
previously done so, and resume possession either by summary proceedings,or by
action at law or in equity or by force or otherwise, and remove Tenant's signs and
other evidence of tenancy and all other property of Tenant therefrom without
being deemed in any manner guilty of trespass, eviction or forcible entry or
detainer, and without incurring any liability for any damage resulting therefrom,
Tenant,waiving any right to claim damages for such re-entry and expulsion, and
without relinquishing Landlord's right to rent or any other right given to Landlord
under this Lease or by operation of law. In no event shall such re-enty or
resumption of possession or reletting as provided below be deemed to be an
acceptance or surrender of this Lease or waiver of the rights or remedies or
remedies of Landlord under this Lease.
13.4 Damages. Upon termination of this Lease in any manner provided above, or by
Summary proceeding or otherwise,Tenant shall immediately pay to Landlord
without demand or notice the sum of the following:
(a) All rent, additional rent and other payments accrued to the date of such
termination and a proportionate part of the rent otherwise payable for the
month in which such termination occurs;
(b) The cost of making all repairs, alterations and improvements required to be
made by the Tenant under this Lease, and of performing all covenants of the
Tenant relating to the condition of the premises during the term and upon
expiration or sooner termination of this Lease, such cost to be deemed prima
facie to be the cost estimated by a reputable architect or contractor selected by
the Landlord or the amounts actually expended or incurred thereafter by the
Landlord.
(c) An amount equal to "liquidation damages"or"indemnity payments"whichever is
larger, determined and payable as set forth below.
'Liquidation damages"means an amount equal to the excess of the rent,
additional rent and other payments reserved in this Lease for the portion of
the term remaining after termination of the Lease (referred to as the
":unexpired term") over the then fair and reasonable rental value of the
premises for such period of the term.
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`2demnity payments"means all the rent, additional rent and other payments
reserved under this Lease which would have become due and owing under the
Lease from time to time during the unexpired term less,to the extent not
previously deducted or credited,the rent, additional rent and other payments
actually collected and allocable to the premises or to the extent not previously
deducted or credited, the costs and expenses,including but not limited to
reasonable attorneys' and brokers' fees and expenses,paid or incurred by
Landlord in connection with:
(1) Obtaining possession of the premises;
(2) Removal and storage of Tenant's or other occupant's property;
(3) Cate,maintenance and repair of the premises while vacant,
(4) Reletting the whole or any part of the premises which reletting may be for
a period or periods of time less than the unexpired term of this Lease or
extending beyond the term of this Lease;
(5) Repairing,altering,renovation,partitioning,enlarging,remodeling or
otherwise putting the premises, either separately or as part of larger
premises,into condition acceptable to, and reasonably necessary to obtain,
new Tenants.
Such costs and expenses shall be deemed prima facie to be the amounts
invoiced to the Landlord or actually expended or incurred by the Landlord.
The Tenant shall,without prior demand or notice,make indemnity payments
monthly in arrears with respect to such portion thereof as includes rent(as
distinguished from additional rent and other payments) and upon the
respective dates provided in the Lease with respect to additional rent and
other payments. The Landlord may sue for all such indemnity payments as
they accrue without waiting until the date fixed in the Lease as the expiration
date of the Lease. Any action or proceeding to recover liquidated damages
shall not be waiver of Landlord's right to recover indemnity payments and
vice versa but in any action to recover indemnity to the extent that they
include rent (as distinguished from additional rent and other payments),
brought contemporaneously with or after an action or proceeding to recover
liquidated damages which has not been discontinue, there shall be deducted
from the claim for indemnity payments (to the extent not previously deducted
or credited) such portion of the liquidated damages as is in the same
proportion to such liquidated damages as the portion of the unexpired term
for which monthly indemnity payments have accrued bears to the unexpired
term.
14. Security
14.1 To secure the payment of all rentals and other sums of money
becoming due from Tenant under this Lease,Landlord shall have and
Tenant grants to Landlord a first lien upon the leasehold interest of
Tenant under this Lease,which lien may be enforced in equity,and a
continuing security interest upon all goods,wares, equipment, fixture,
furniture,inventory,accounts, contract rights,chattel paper and other
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personal property of Tenant situated on the premises,and such
property shall not be removed therefrom without the consent of
Landlord until all arrearages in rent as well as any and all other sums of
money then due to Landlord under this Lease shall first have been
paid and discharged. In the event of a default under this Lease,
Landlord shall have,in addition to other remedies provided in this
Lease or by law,all rights and remedies under the Uniform
Commercial Code,including without limitation the right to sell the
property described in this Section 14.1 at public sale upon five (5)
days'notice to Tenant. Tenant shall execute all such financing
statements other instruments as shall be deemed necessary or desirable
in Landlord's discretion to perfect the security interest hereby created.
14.2 Any and all property which may be removed from the premises by
Landlord pursuant to the authority of this Lease or of law,to which
Tenant is or may be entitled,may be handled,removed and/ or stored, as the
case may be,by or at the direction of Landlord but at the risk,cost and
expense of Tenant, and Landlord shall in no event be responsible for the
value,preservation or safekeeping thereof. Tenant shall pay to Landlord,
upon demand,any and all expenses incurred in such removal and all storage
charges against such property so long as the same shall be in Landlord's
possession or under Landlord's control. Any such property of Tenant not
retaken by Tenant to Landlord under this Lease as by a bill of sale without
further payment or credit by Landlord to Tenant.
15. Right of Entry. The Landlord and its representatives may enter the Leased property,at
any reasonable time, for the purpose of inspecting the Leased property,performing any
work which the Landlord elects to undertake made necessary by reason of the Tenant's
default under the terms of this Lease, exhibiting the Leased property for sale or Lease.
16. Fire or Casualty Loss. In the event of damage by fire or other casualty to the building in
which the Leased property is located,without the fault of the Tenant,if the damage is so
extensive as to amount practically to the total destruction of the Leased property, this Lease
shall cease, and the rent shall be apportioned to the tune of the damage. In all other cases
where the Leased property is damaged by fire or other casualty without the fault of the
Tenant, the Landlord shall repair the damage with reasonable dispatch, and if the damage
has rendered the Leased property untenable,in all or in part,there shall be an apportionment
of the rent until the damage has been repaired.
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17. Notices. Any notice under this Lease must be in writing and must be sent by certified mail
to the last address of the party to whom notice is to be given, as designated by such party in
writing. The landlord designates its address as 14825 Deception Road Anacortes,WA
98221. The Tenant designated its address as
DATED this 1�1C� day of
TENANT L
By By
Chairman
By By . � �'� C'.
Secretary
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