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HomeMy WebLinkAbout2.62 Original ContractOctober 8, 2012 Mr. Steve Romberg City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 RE: Notice to Vacate. Dear Mr. Romberg: MICHELLE R AHRENS ATTORNEY AT LAW, P. S. 2850 SW Yancy St., M124 Seattle, WA 98126 360- 775 -4205 It is with regret that I must inform you that this is your notice to vacate the premises located at 405 So. Peabody, Suite B, Port Angeles, WA. I need you to vacate the premises by November 15, 2012. As you know, I am in the process of selling my properties. The building you are occupying is set to close on or about October 31, 2012. The new owners are willing to honor the provisions of my lease with you through November 15, 2012. Renn.for the month of November shall be pro -rated to half your normal payment amount. Your rental check should continue to be made out to me. I apologize for any inconvenience this may cause you. If you have any questions you may call me at the number listed above. Thank you for being an excellent tenant. Very truly yours, Michelle R. Ahrens 2.62 AMENDMENT 1 c:<. u~ REAL EST ATE LEASE . This Lease Agreement (this "Lease") is dated /..'. ~ (J , by and between Michelle R. and Kenneth E. Ahrens ("Landlord" and CIty of Port Angeles ("Tenant"). The parties agree as follows: PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant 405 South Peabody, Suite B, identified on the attached Floor Plan as Unit A of the Almond Group Condominium (the "Premises") located at 405 South ,Peabody, Port Angeles, Washington, W A 98362. LEGAL DESCRIPTION. A sketch of the Premises subject to this Lease is attached as an exhibit. TERM. The lease term will begin on October 1, 2006 and will continue on a month to month basis. LEASE PAYMENTS. Tenant shall pay to Landlord monthly installments of $700.00, payable on or postmarked by the first Friday of each month. Landlord may increase the lease payments upon 30 days written notice. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term ofthis Lease, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted. USE OF PREMISES. Tenant may use the Premises only for Office Space. The Premises may be used for any other purpose only with the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence. PROPERTY INSURANCE. Landlord and Tenant shall each maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. Landlord shall be named as an additional insured in such policies. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force issued by companies reasonably satisfactory to Landlord. Landlord shall receive advance written notice from the insurer prior to any termination of such insurance policies. Tenant shall also maintain any other insurance which Landlord may reasonably require for the protection of Landlord's interest in the Premises. Tenant is responsible for maintaining casualty insurance on its own property. LIABILITY INSURANCE. Tenant shall maintain liability insurance on the Premises with personal injury limits of at least $250,000.00 for injury to one person, and $500,000.00 for anyone accident, and a limit of at least $50,000.00 for damage to property. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force issued by companies reasonably satisfactory to Landlord. Landlord shall receive advance written notice from the insurer prior to any termination of such insurance policies. MAINTENANCE. Landlord shall have the responsibility to maintain the Premises in good repair at all times. UTILITIES AND SERVICES. Landlord shall be responsible for the following utilities and services in connection with the Premises: water and sewer garbage and trash disposal - janitorial services for the restrooms and common area on a weekly basis Tenant shall be responsible for the following utilities and services in connection with the Premises: electricity heating - janitorial services telephone services Tenant acknowledges that Landlord has fully explained to Tenant the utility rates, charges and services for which Tenant will be required to pay to landlord (if any), other than those to be paid directly to the third-party provider. TAXES. Taxes attributable to the Premises or the use of the Premises shall be allocated as follows: REAL ESTATE TAXES. Landlord shall pay all real estate taxes and assessments .for the Premises. PERSONAL TAXES. Tenant shall pay all personal taxes and any other charges which may be levied against the Premises and which are attributable to Tenant's use of the Premises, along with all sales and/or use taxes (if any) that may be due in connection with lease payments. TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provision of this Lease, Landlord may terminate this lease upon 40 days' written notice to Tenant that the Premises have been sold. DESTRUCTION OR CONDEMNATION OF PREMISES. If the Premises are partially destroyed by fire or other casualty to an extent that prevents the conducting of Tenant's use of the Premises in a normal manner, and if the damage is reasonably repairable within 60 days after the occurrence of the destruction, and if the cost of repair is less than $25,000.00, Landlord shall repair the Premises and a just portion of the lease payments shall abate during the period of the repair according to the extent to which the Premises have been rendered untenantable. However, if the damage is not repairable within 60 days, or if the cost of repair is $25,000.00 or more, or if Landlord is prevented from repairing the damage by forces beyond landlord's control, or if the property is condemned, this Lease shall terminate upon 20 days written notice of such even or condition by either party and any unearned rent paid in advance by Tenant shall be apportioned and refunded to it. Tenant shall give Landlord immediate notice of any damage to the Premises. DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within 5 days (or any other obligation within 10 days) after written notice of such default is provided by Landlord to Tenant, Landlord may take possession of the Premises without further notice (to the extent permitted by law), and without prejudicing Landlord's rights to damages. In the alternative, Landlord may elect to cure any default and the cost of such action shall be added to Tenant's financial obligations under this Lease. Tenant shall pay all costs, damages, and expenses (including reasonable attorney fees and expenses) suffered by Landlord by reason of Tenant's default. All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent". The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law. LATE PAYMENT. For any payment that is not paid within 5 days after its due date, Tenant shall pay a late fee of$50.00. CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law. NON-SUFFICIENT FUNDS. Tenant shall be charged $25.00 for each check that is returned to Landlord for lack of sufficient funds. ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections, provided necessary services, or show the unit to prospective buyers, mortgagees, tenants or workers. However, Landlord does not assume any liability for the care or supervision of the Premises. As provided by law, in the case of an emergency, landlord may enter the Premises without Tenant's consent. During the last three months of this Lease, or any extension of this Lease, Landlord shall be allowed to display the usual "To Let" signs and show the Premises to prospective tenants. INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the Premises, except Landlord's act or negligence. DANGEROUS MATERIALS. Tenant shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of landlord is obtained and proof of adequate insurance protection is provided by Tenant to landlord. COMPLIANCE WITH REGULATIONS. Tenant shall promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Tenant shall not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature. ASSIGNABILITY/SUBLETTING. Tenant may not assign or sublease any interest in the Premises, nor effect a change in the majority ownership of the Tenant (from the ownership existing at the Inception of this lease), nor assign, mortgage or pledge this Lease, without the prior written consent of Landlord, which shall not be unreasonably withheld. NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail postage prepaid, addressed as follows: LANDLORD: Michelle and Ken Ahrens 405 South Peabody, Suite A Port Angeles, W A 98362 TENANT: Mark Madsen City Manager City of Port Angeles 325 E. Fourth St. Port Angeles, W A 98362 Such addresses may be changed from time to time by either party by providing notice as set for the above. Notices mailed in accordance with the above provision shall be deemed received on the third day after posting. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of Washington. ENTIRE AGREEMENT /AMENDMENT. This Lease Agreement contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provision shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver oflimitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. BUILDING EFFECT. The provisions of this Lease shall be binding upon and inured to the benefit of both parties and their respective legal representatives, successors and aSSIgns. LANDLORDS: Michelle R. and Kenneth E. Ahrens By: Utdoitt1( Ju~ MICHELLE R. AHRENS By: _~ r~A~ NNETH E. AHRENS Date: Cjk~/o~ ?- z9 -of; Date: TENANT: City of Port Angeles By: ?ll-a~~'rfa~ Mark adsen, City anager Date: 1 h-.ejt: I t ::;?;:o;~ Willam E. Bloor, City Attorney ATTEST: \. v , r , /' . .I By:..,A; ~Je a. ~" Becky J. U~n, C Clerk .\ '. , " . ), Self-Insured Coverage Document #CT -2006 ;.- .. WCIA Coveraqe Document #CT-2006 Paqe 2 WASHINGTON CITIES INSURANCE AUTHORITY Self-Insured Coverage Document CT-2006 January 1,2006, to January 1, 2007 12: 01amf>>acific-StandardTime LlMITS/ULT!MATE NET LOSS: SELF-INSURED LAYER LIMIT: $3,000,000 PER OCCURRENCE REINSURED EXCESS LAYER LIMIT: $12,000,000 PER OCCURRENCE TOTAL LIMIT: $15,000,000 PER OCCURRENCE, subject to aggregates and sub-limits below and in Section 1.0, (Coverage Limits) in the WCIA Joint Protection Program. AGGREGATE LIMITS/SUB-LIMITS: Above $4,000,000 Per Occurrence $10,000,000 annual aggregate Product Liability coverage per Member, $10,000,000 Public Official Liability annual aggregate per Member, $10,000,000 Employment Practice Liability annual aggregate per Member and a $25,000,000 annual aggregate per Member for Law Enforcement Liability arising out of Member owned jails or holding facilities with overnight or greater length of stay for the confinement of inmates. $3,000,000 per occurrence limit and $3,000,000 annual aggregate per Member applying to Terrorism. $1,000,000 per occurrence limit and $1,000,000 annual aggregate limit per Member applying for the release, discharge or backup of liquids and/or effluents from waste water and/or sanitary sewer lines owned, leased, maintained or operated by a "Member". DESCRIPTION OF COVERAGE: General Liability, Automobile Liability, Stop-Gap Coverage, Errors or Omissions Liability and Employee Benefits Liability. LIMITS OF LIABILITY FOR ALL COVERAGE. The Limits/Ultimate Net Loss stated herein and the rules below set the maximum the Authority will pay regardless of the number of: a. members; b. claims made or lawsuits brought; or c. persons or organizations making claims or bringing lawsuits TERRITORY: This coverage applies to General Liability, Automobile Liability, Stop-Gap Coverage, Errors or Omissions Liability and Employee Benefit Liability occurring anywhere in the United States of America, its territories and possessions or Canada. MEMBERS COVERED BY THIS AGREEMENT: Aberdeen Anacortes A Regional Coalition for Housing Arlington Auburn Bainbridge Island Battle Ground Benton County Emergency Services Kenmore Kent Kirkland Lacey La Conner Lake Forest Park Lake Stevens Leavenworth Pullman-Moscow Regional Airport Pullman Metropolitan Park District Puyallup Renton Richland Ridgefield Sammamish Shelton . WCIA Coveraqe Document #CT-2006 Bonney Lake Bothell Burien Camas .Cashme(e Centralia Chehalis Cheney Chelan Clark Regional Emerg. Servo Ag. (CRESA) Clarkston Cle Elum Clyde Hill Coupeville Covington Des Moines Eastside Public Safety Communications eCity Gov Alliance Edgewood Edmonds Elma Emergency Services Coordinating Agency Enumclaw Fife George Goldendale Grandview Grays Harbor 911 Communications Hoquiam Issaquah Kelso Long Beach Longview LOTI Alliance Mabton Maple ValleY Marysville Marysville Fire District McCleary Medical Lake Medina Mercer Island Metropolitan Park District of Tacoma Mill Creek Milton Monroe Monroe Fire District Montesano Moses Lake Mountlake Terrace Mount Vernon Mukilteo Newcastle Normandy Park North Bonneville Northshore Utility District Oak Harbor Ocean Shores Olympia Pasco PEN COM . Port Angeles Port Townsend Pullman PaDe 3 Shoreline Skagit 911 Snohomish Snohomish Co. Emergency.Radio Sys. SNO_CQMilyteJJic 7 SNOPAC Snoqualmie Soap Lake Spokane Valley Stanwood Steilacoom Spokane Valley Sumner Three Rivers Reg. Wastewater Auth. Thurston Regional Planning Council Toppenish Tukwila Tumwater Union Gap University Place Valley Communications Walla Walla WA Cities Insurance Authority Washougal Water Operating Board Westport Woodinville Woodway Yakima Valley Conference of Govern. Yarrow Point Zillah This document is not an insurance policy. The Washington Cities Insurance Authority (Authority) is not an insurance company. This document is an agreement by the Authority and its members to pay all covered losses subject to the limits and other terms and conditions of this Agreement and any addenda attached. Inconsideration of the assessments paid by the members, this Agreement provides the following coverages: I. COVERAGE AGREEMENTS 1. Coverage A. GENERAL & AUTOMOBILE LIABILITY COVERAGE In consideration of the assessment herein provided, the Authority hereby agrees, subject to the limitations, terms and conditions hereinafter mentioned, to pay on behalf of the member all sums which the member shall be obligated to pay by reason of liability: a. imposed upon the member by law; or b. assumed under contract or agreement by the member and/or any officer, director, official, or employee of the member, while acting in his or her capacity as such: for damages, direct or consequential and expenses, all as more fully defined by the term "ultimate . net loss" on account of: i. personal injury, ii. property damage, iii. advertising liability,