03-009.00 Northwest Christian Schools: City Hall Lease Redwood PlazaSpokane ey Contract
No. CO3-6.
Approved: Sa..n wary l (a ,aocz
COMMERCIAL• LEASE WITHIN
CLOCK TOWER PROFESSIONAL BUILDING
TIIIS LEASE, made and entered this Al�:/' day of January, 2003, by and between
Northwest Christian Schools, a non-profit corporation, whose mailing address is 5104 13.
Fernhill ltd., Colbert, WA 99005 hereinafter referred to as 'Lessor; and the City of Spokane
Valley, whose mailing address is 11707 East Sprague, Spokane Valley, Washington 99206,
hereinafter referred to as Lessee.
WITNESSETH:
For and in consideration of the mutual promises contained herein, the parties covenant
and agree as follows:
L LEASED PREMISES. Lessor does hereby demise, let and lease into the
Lessee, the following described property or portion of property hereinafter referred to as "Leased
Premises":
Suites 101, 105 and 106 situated in the West portion and East One -
Half of the first floor as shown on Exhibit "A", being part of the
Clock Tower Professional Building at Redwood Plaza shown as
the building together with the non-exclusive right to use the
parking areas in common with the owner, occupants, users and
visitors of the building premises, at 11707 Last Sprague Avenue,
Spokane Valley, Washington 99206. Suite 101 consisting of
approximately 1,924 square feet of net rentable area, Suite 105
consisting of approximately 3,350 square feet of net rentable area,
and Suite 106 consisting of 10,666 square feet of net rentable arca.
"Total net rentable area is approximately 15,940 square feet.
Said building is situated on a portion of the East One -Half of Tract
153 and the West One-l-falf of Tract 154 of SPOKANE VALLEY,
in the County of Spokane, State of Washington.
Said Premises shall also include the parking lot area located north
of the Clock Tower Professional Building that is presently
surrounded by a fence, hereinafter "Restricted Parking."
2. TERM. The term of this Lease shall be four (4) years and four (4) months,
commencing on November 1, 2002 and ending February 28, 2007. In the event occupancy
occurs in the middle of any month, rent for the first month shall be prorated to the first day of the
next succeeding month and thereafter, all rental payments shall be due and payable on the first
(l st) day of each month.
CO3-09
3. RENT. Lessee covenants and agrees to pay to the Lessor at WEB Properties, llic.
140 S. Arthur, Suite 510, Spokane, WA 99202, or to such other place as the Lessor may
hereafter designate, monthly rental in the amount of and due and payable on the first (1 st) day of
each month as noted. A late fee of five percent (5%) of rental amount will be added should
payment not be received by the tenth (10th) day of each month. This is a gross lease and
includes all costs for the subject Leased Premises and common areas.
Rent for the Leased Premises shall be as follows:
A. The rental for the first four (4) months of this Lease shall be at no
charge.
B. The rental for the twelve (12) month period commencing March 1,
2003 and expiring February 29, 2004 shall be Eighteen Thousand
Eight Hundred Ninety Tour and 21/100 Dollars ($18,894.21), per
month payable in advance on the first (1st) day of each month.
C. The rental for the twelve (12) month period commencing March 1,
2004 and expiring February 28, 2005 shall be Twenty Thousand
Eight Hundred Eighty Six and 71/100 Dollars ($20,886.71) per
month payable in advance on the first (1 st) day of each month.
D. The rental for the twelve (1.2) month period commencing March 1,
2005 and expiring February 28, 2006 shall be Twenty Two
Thousand Eight Hundred Seventy Nine and 21/100 Dollars
($22,879.21) per month payable in advance on the first (1 st) day of
each month.
E. The rental for the twelve (12) month period commencing March 1,
2006 and expiring February 28, 2007 shall be Twenty Four
Thousand Fight Hundred Seventy One and 71/100 Dollars
($24,871.71) per month payable in advance on the first (1st) day of
each month.
F. For the first 12 months of this lease there shall be no charge for the
use of the Restricted Parking. Thereafter, if Lessee elects to use
the Restricted Parking, Lessee shall pay an additional one hundred
dollars ($100.00) per month for use of the Restricted Parking.
4. USE OF PREMISES. The Leased Premises shall be used for commercial
business purposes as permitted within a commercial business zone in Spokane County,
Washington and all activities incident thereto and for no other purpose without the prior written
consent of the Lessor first obtained. Lessee shall not use or allow the use of the Ceased Premises
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in any manner that causes damage to the real property or improveanents, nor shall Lessee use or
allow use of the Leased Premises in any manner for any illegal purpose. Lessee shall comply
with all governmental rules, orders, regulations, or requirements relating to the use and
occupancy of the Leased Premises.
5. RULES AND REGULATIONS. Lessor reserves the right to promulgate such
reasonable rules and regulations ("Rules and Regulations") relating to the use of parking areas as
it may deem appropriate and for the best interest of the tenants, and Lessee agrees to abide by
such rules and to cooperate in the observance 'thereof. Such Rules and Regulations shall be
binding upon Lessee upon delivery of a copy thereof to Lessee provided the Rules and
Regulations may not change or modify terms or covenants in this Lease. If the terms of the
Rules and Regulations contradict any provision of this Lease, the terms of the Lease shall
prevail. Said Rules and Regulations may be amended by Lessor from time to time with sixty
(60) days' advance notice to Lessee. Any material violation of such rules and regulations by
Lessee, its officers, agents, employees or subtenants will constitute a breach of this Lease and
entitle the Lessor to claim a default thereunder in the same matter and to the same extent as any
other default under the Lease. A copy of the Rules and Regulations, current as of the date of this
Lease, is attached hereto as Exhibit "C" and by this reference incorporated herein.
6. REAL ESTATE TAXES. To the extent imposed, the Lessor shall pay all real
property taxes due or falling due on said Leased Premises during the term of this Lease.
7. LESSOR TO CONU'LETE ALL LEASEHOLD EMPROVE1V ENTS. The
Lessor shall complete all leasehold improvements in a first-class, workmanlike manner
substantially in accordance with the plans and specifications which have been displayed to and
shall be agreed upon between the parties to this Lease ("Leasehold Improvements"). The
preliminary plans and specifications are set forth on Exhibit 13". All alterations, physical
additions or improvements in or to the Leased Premises shall, when made, become the property
of Lessor and shall be surrendered to Lessor upon termination of the Lease, either by lapse of
time or otherwise, provided, however, this clause shall not apply to fixtures, equipment or
furniture owned by Lessee and as otherwise provided in Section 18.
8. MAINTENANCE. Lessor shall maintain in good condition, the improvements
on the real property, including the parking lot, leased pursuant to this Lease. This shall include
any and all maintenance required to keep the improvements on the real property, including the
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parking lot, which is the subject matter of this Lease, in the same condition, less normal wear and
tear, casualty, condemnation and repairs required to be made by Lessee, as of the date of
commencement of this Lease.
9. PARICINTG AND PARKING LOT MAINTENANCE. The Lessor shall keep
and maintain the parking lot, landscaping and Restricted Parking in a neat and clean condition
and repair at all times including snow removal during the winter season. Lessee agrees that there
shall be no vehicles left overnight in the parking lot area by Lessee or any employee of the
Lessee in order to prevent interference with the cleaning, maintaining and snow removal of the
parking lot area. Lessor shall reserve for exclusive use by Lessee ten (10) parking spaces on the
north side of the Clock Tower Professional Building.
10. UTILITIES. The Lessor agrees to pay all charges for light, heat, water, sewer,
garbage and all other utilities and services furnished to the Leased Premises except telephone.
Lessor agrees to provide janitorial services sufficient to keep said Leased Premises and common
area neat, clean and free of garbage and debris at all times.
11. ACCIDENTS AND LIABILITY.
A. Neither Lessor nor its agents shall be liable for any injury or damage to
persons or property sustained by Lessee or any others, in and above the Leased Premises. Lessee
agrees to defend and hold Lessor and its agents harmless from any claim, action and/or judgment
for damages to property or injury to person suffered or alleged to be suffered on the Leased
Premises by any person, firm or corporation, unless caused by Lessor's negligence.
B. Lessor and Lessee each agree to maintain bodily injury and property
damage comprehensive public liability insurance on the Leased Premises in the minimum single
limit of One Million and 00/100 Dollars ($1,000,000.00) and shall name Lessor as an additional
insured. Lessee shall furnish Lessor with a certificate indicating that the insurance policy is in
full force and effect and listing Lessor as an additional insured on the policy.
C. Lessee shall, at its sole cost and expense, cause to be placed in effect
immediately upon coi nmencement of the term of this Lease, and shall maintain in full i.'orce and
effect during such term, a fire and extended coverage insurance policy covering all Lessee's
improvements, and its futures, equipment, furniture and inventory in the Leased Premises, on a
full replacement cost basis (no deductions for depreciation), insuring against risks covered by an
extended coverage form policy.
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D. Lessor shall cause to be placed in effect immediately upon commencement
of the term of this Lease, and shall maintain in full force and effect during such term, a fire and
extended coverage insurance policy covering all improvements, structures and their contents in
the entire property of which the Leased Premises are a part, but not including Lessee's leasehold
improvements, equipment, fixtures, furniture and inventory, on a basis satisfactory to Lessor's
permanent lender or the holder of any first lien mortgage or deed of trust on the land and
building, insuring against risks covered by an extended coverage form policy.
12. LIENS AND INSOLVENCY. Except as otherwise provided herein, Lessee shall
keep the premises free from any liens arising out of any labor performed or materials furnished
to, or any obligations incurred by Lessee, and shall hold Lessor harmless against same. In the
event Lessee becomes insolvent., bankrupt, or a receiver, assignee or other liquidating officer is
appointed for the business of Lessee, Lessor may cancel this Lease at its option.
13. SUBLETTING OR ASSIGNMENT. Except as otherwise provided herein,
Lessee may not assign or sublet all or any part of this Lease, without Lessor's prior written
consent, which consent will not be unreasonably withheld.
14. ACCESS. Lessor shall have the right to enter the Leased Premises at all
reasonable times and upon three (3) days' written notice, except for emergencies for the purpose
of inspection or of making repairs, maintenance or alterations, or to show the Leased Premises to
prospective tenants sixty (60) days prior to the expiration of the term of this Lease. Lessor shall
have the right to place a For Rent sign in connection with the premises for the sixty (60) days
prior to the end of the term of this Lease.
15. POSSESSION AIND OWE]' EN.10M.ENT. The Lessee shall be entitled to
possession of the Leased Premises as soon as the same are ready for occupancy as hereinabove
described and shall be entitled to continued quiet enjoyment of the Leased Premises during all
periods under the term of this Lease, provided that the Lessee shall be in good standing and shall
have paid all rent reserved under the Lease and performed all covenants agreed to be performed
by the Lessee under the term of the Lease.
16. DAMAGE OR DESTRUCTION. In the event the Leased Premised are
rendered untenantable in whole or in part by fire, the elements, or other casualty, Lessor may
elect at its option, within ten (10) days of the event not to restore or rebuild the premises and
shall so notify Lessee, in which event Lessee shall vacate the Leased Premises and this Lease
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shall be terminated; or in the alternative, Lessor shall notify Lessee within ten (10) days after
receiving notice of such casualty that the Lessor will undertake to rebuild or restore the Leased
Premises, and that such work can be completed within ninety (90) days from the date of such
notice of intent. If Lessor cannot restore or rebuild the Leased Premises within the said ninety
(90) days, except for delays which are not the fault of the Lessor, then the Lease may be
terminated at the Lessee's option by ten (10) days' written notice to Lessor. During the period
that the Leased Premises are not tenantable, rent shall abate in its entirety.
17. SiGNS. The Lessee shall be permitted to have signage in connection with the
occupancy of the Leased Premises. All signs or symbols placed by Lessee shall be subject to
Lessor's prior written approval, which will not be unreasonably withheld or delayed. All signs
shall be non -illuminated and shall be consistent with other signage placed upon the building or
on any sign post established for the general use of all tenants within the building or using other
building on the property common to the area. Signs shall generally conform to the size and type
of sign currently used currently on the exterior of the Clock Tower Professional Building at the
Redwood Plaza. At the termination of the Lease, the Lessee shall remove all signs, at Lessee's
expense, placed in, on or about the Leased Premises and will repair any damage caused by the
removal of said signs. If the Lessee has a sign in a common use sign post or board, Lessee shall
place plastic in the sign at the termination of the Lease.
18. ALTERATIONS. Lessee may make alterations, additions and improvements in
said Leased Premises, at its sole cost and expense after obtaining prior written consent of Lessor,
which such consent will not be unreasonably withheld, and employing a contractor approved by
Lessor. Lessor's consent and approval of contractor shall not be required for cosmetic repairs
such as painting and carpeting. In the performance of such work, Lessee shall comply with all
laws, ordinances, rules and regulations of any applicable public authority, and shall save Lessor
harmless from any damage, except for Lessor's negligence.
Upon termination of this Lease and upon Lessor's request or with Lessor's approval,
Lessee shall remove such improvements and restore the Leased Premises to their original
condition, except Lessee shall not be required to remove the leasehold improvements provided
for herein under Sections 7 and 38 and Exhibit "B". Any improvements not so removed shall
remain in and be surrendered with the Leased Premises as a part thereof. "Trade fixtures may be
removed at Lessee's expense, provided that Lessee shall pay for any damage caused by such
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removal. Nothing contained herein shall prevent or restrict Lessee's right to remove the Dias,
related fixtures, sound and electronic system, and cabinets which are installed on the Leased
Premises. Upon removal of the above items, Lessee shall repair any damage caused by the
removal of the above items, reasonable wear and tear excepted.
19. ADA REOU.IREMENTS. Throughout the term or any extended term of this
Lease, Lessee shall be responsible for compliance with 'Title I11 of the Americans with
Disabilities Act, 42 U.S.C., Section 1200, et seq. (as amended), as it applies to Lessee's use and
occupancy of the Premises. In the event compliance shall be required, all alterations to the
Premises shall be accomplished pursuant to Section 18 herein.
20. CONDEMNATION. In the event that any government, or any agency or
instrumentality having the power of eminent domain shall, by condemnation or deed in lieu
thereof, take title, possession or the right to possession of the Leased Premises or any part
thereof, Lessor may, at its option, terminate this Lease as of the date of such taking, and if Lessee
is not in default under any of the provisions of this lease on said date, any rental prepaid by
Lessee shall, to the extent allocable to any period subsequent to the effective date of the
termination, be promptly refunded to Lessee, provided Lessee shall be entitled to seek
compensation for any Lessee improvements which are so taken by eminent domain.
21. HAZARDOUS WASTE. Lessor represents and warrants to Lessee that there are
no asbestos, asbestos containing material, radon gas, PCB's, lead paint or hazardous, dangerous,
regulated toxic wastes, substances or materials, as such tenns are defined or regulated by any
applicable laws, rules, regulations or ordinances (collectively, "Hazardous Materials"), in, on,
under or about the Leased Premises or the real property in which the Leased Premises are
situated. Landlord shall, at :Landlord's sole cost and expense and in compliance with applicable
laws, rules, regulations and ordinances, remove any Hazardous Materials discovered by Lessor
or Lessee at the Leased Premises during the term of this Lease, unless such Hazardous Materials
were caused by or brought to the Leased Premises by Lessee or any party for whom Lessee is
legally responsible. Lessor shall indemnify and hold Lessee harmless for all losses, liabilities,
claims, damages and demands, including reasonable attorneys' fees and costs litigation, arising
out of or in any way connected with the existence of any Hazardous Materials, and for all costs
of inspection and removal of such Hazardous Materials. The indemnification and hold harmless
provision stated in this Section 21 shall not apply to any Hazardous Materials that were caused or
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brought to the Leased Premises by Lessee or any party for whom Lessee is legally responsible.
Lessee shall be solely responsible for the removal and clean-up of any Hazardous Materials that
were caused or brought to the Leased Premises by Lessee or any party for whom Lessee is
legally responsible.
22. COINFIRIMATION BY LESSEE. Lessee agrees, from time to time during the
lease term, upon not less than fifteen (15) days' prior written request by the Lessor, to sign and
make available to the Lessor, a confirmation stating that the Lease is in full force and effect and
wunodified as of the date of the signing of the confirmation. The purpose of such confirmation
shall be to entitle the Lessor to provide said confirmation to a mortgagee or prospective
mortgagee providing financing for the subject real property and the improvements thereon.
23. EXIUBITS. The exhibits attached to this Lease are made a part hereof and by
this reference incorporated herei.n.
24. DEFAULT AND RE-ENTRY. If the 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 this Lease and
re-enter said Leased Premises, or in the alternative, Lessor may, without terminating this Lease,
re-enter said Leased Premises, sublet the whole or any part thereof for the account of the Lessee
for the balance of the term of this Lease, and Lessee covenants and agrees to pay to Lessor the
fair rental value of any deficiency arising from the re -letting of the Leased Premises at a lesser
amount than herein agreed. Lessee shall pay such deficiency each month as the amount thereof
is ascertained by Lessor, or at the Lessor's option, shall pay the present value (discounted at the
rate of seven (7) percent per annum) of the balance of the rent for the remainder of the term of
the Lease less the present value (discounted at the same rate) of the fair market value of the
Leased Premises for said -period.
25. BREACH OF LEASE. If the Lessee breaches this Lease after written notice and
grace periods, then this Lease may be terminated by the Lessor in the following manner. The
Lessor shall serve upon the Lessee, by registered or certified mail, at the Lessee's last known
address, a notice in writing of the fact of said breach or breaches and a detailed description of
said breaches. From and after the mailing of said notice, the Lessee shall have ten (10) days to
cure any breach for the nonpayment of rent and thirty (30) days to cure any other breach of the
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Lease. Failure of the Lessee to remedy said breaches within said period shall result in Lessee's
total forfeiture of all its right, title and interest under this Lease, and the Lessor shall have the
right to enter said premises and remove the Lessee and her property therefrom, take immediate
possession for the purpose of protecting said property and cancel this Lease in its entirety and re -
let the Leased Premises. In all cases of such forfeiture, Lessor shall make a good -faith effort to
mitigate its damages. Lessee shall be liable only for reasonable deficiencies, which do not
exceed the fair market value of rent resulting from re -letting.
26. REMOVAL OF PROPERTY. In the event Lessor lawfully re-enters the Leased
Premises as provided herein, Lessor shall have the obligation to remove all of the personal
property located therein and to place such property in storage at the expense and risk of Lessee.
27. SUBROGATfNTG WAIVER. Lessor and Lessee each 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, all perils described in the fire and extended coverage insurance policy approved for
use in the State of Washington, which occurs in, on or about the Leased Premises, whether due to
the negligence of either party, their agents or employees or otherwise.
28. SUBORDINATION, Except as otherwise provided herein, Lessee agrees that
this Lease shall be subordinate to any mortgages or deeds of trust placed on the property
provided that in the event of foreclosure, if Lessee is not then in default and agrees to attorn to
the mortgagee or beneficiary under deed of trust, or purchaser at a foreclosure sale, such
mortgagee or beneficiary or purchaser shall recognize Lessee's right of possession for the full
term of this Lease. Lessor agrees to use Lessor's best efforts to obtain allon-Disturbance
Agreement from any mortgagee, beneficiary or purchaser.
29. NO WAIVER OF COVENANTS. Any waiver by either party of any breach
hereof by the other shall not be considered a waiver of any future similar breach.
30. ENTIRE AGREEMENT. This Lease contains all the agreements between the
parties and no modifications shall be effective except by written instrument, signed by both
parties.
31. SURRENDER OF PREMISES. Lessee agrees, upon termination of this Lease,
to peacefully quit and surrender the Leased Premises to Lessor without notice, to leave the
Leased Premises neat and clean, well maintained, in good condition, normal wear and tear
excepted, and to deliver all keys to the Leased Premises to Lessor.
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32. 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
monthly rent shall be otherwise agreed upon.
33. BINDING ON HFiRS, SUCCESSORS AND ASSIGNS. This Lease shall be
binding upon the heirs, executors, administrators, successors and assigns of both parties hereto,
except as hereinabove provided. This Section 33 shall not constitute a consent to assignment on
the part of i.,essor.
34. NOTICE. Any notice required or allowed to be given by either party to the other
shall be deposited in the United States mail, registered or certified, return receipt requested,
postage prepaid, addressed to Lessor or to the Lessee at their addresses stated below, or at such
other address as either party may designate to the other by notice given as herein provided.
Lessor at: Northwest Christian Schools
C/O WEB Properties Inc.
140 S. Arthur Suite 510
Spokane, WA 99202
Lessee at: City of Spokane Valley
Attn: City Manager
11707 E. Sprague Suite 106
Spokane Valley, WA 99206
35. NON-SMOKING BUILDING POLICY. It is agreed between Lessor and
Lessee the Clock Tower Professional Building is a smoke-free office complex. There is to be no
smoking at any time inside of the office building. Smoking is not permitted near any exterior
entrance door to the Clock Tower Professional Building. If smoking within or outside this
complex becomes a problem, the Lessor has the right to cancel this Lease pursuant to Section 25
herein.
36. FRONT DOOR SECURITY. For the safety of all tenants and the janitor all
exterior doors must be locked after 7:00p,m. Monday through Friday. On the weekends all doors
must be locked at the time of entering and at the time of exiting. Notwithstanding the above,
Lessor recognizes that the City may occupy and use the Leased Premises after the above hours
for meetings and other City activities. The parties shall make arrangements that permit the City
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to unlock exterior doors after 7:00 p.m. Monday through Friday and to use the Leased Premises
on Saturdays for the purpose of engaging in City business.
37. TEME OF ESSENCE. Time is of the essence in all provisions of this Lease.
38. IMPROVEMEINTS. Lessor shall complete, at I-essee's sole cost, those
improvements as noted in Exhibit "B". The rental amount includes an estimate of the costs noted
in Exhibit "B" (except for Suite 105) plus a Construction Management Fee of five percent (5%).
The total actual cost of Leasehold improvements plus an eight percent (8%) annual interest rate
thereon will be amortized over 48 months commencing March 1, 2003. Should the actual
amounts paid for improvements be less than those costs outlined in Exhibit "B", the rent shall be
adjusted accordingly. Noted costs as outlined in Exhibit "B" are based upon current building
standard improvement materials. Should changes be made to the building standard improvement
materials that increase the cost of Exhibit "B", the rents shall be adjusted accordingly. Upon
execution of this Lease, the Leasehold Improvements shown on Exhibit "B" and as otherwise
agreed shall be immediately commenced.
39. OPTION TO EXPAND. During the lease term, Lessor shall provide Lessee the
option to expand into any available space at the then current lease rate and remaining term the
Lessee is obligated.
40. FURNITURE. During the lease term and at no additional cost to Lessee, Lessee
is allowed the use of approximately 22 cubicles, 1 reception cubicle and all seating available of
Technion furniture currently in Suites 101 and 106. In addition, Lessee shall be given the use of
all other available furniture as needed on an as -available basis.
4.1. RENT DEFERRMENT. Lessee is hereby allowed to defer payment of rent for a
period of five (5) months beginning March 1, 2003 to July 31, 2003, with deferred and current
rent due by August 10, 2003. Late charges shall only apply if said rent is not paid by August 10,
2003.
42. ARBITRATION. In the event of a disagreement arising under this Lease, all
matters shall be submitted to arbitration as follows:
A. The party seeking arbitration shall submit, in writing, to the other party, a
statement of the issue(s) to be arbitrated and shall designate a party to act as arbitrator on behalf
of the party seeking arbitration. The responding party shall supply a statement of any counter or
additional issues) to be arbitrated and shall nominate an arbitrator to act for the responding
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party. This process shall be accomplished within fourteen (14) days after the party seeking
arbitration has deposited in the United States mail, postage prepaid, the initial notice of intent to
arbitrate, addressed to the other party at the address hereinabove shown.
13. The two (2) arbitrators selected shall immediately select a third arbitrator.
The arbitrators thus convened shall, within a time established by a majority vote of the
arbitrators, conduct a hearing on the issues submitted to them and render a decision on each
issue, in writing, to each of the parties to the dispute. Any decision as to procedure or substance
made by a majority of: the arbitration panel shall be binding. A decision by a majority of the
arbitrators on any issues submitted shall be the decision of the arbitration panel as to that issue.
The arbitrators shall have authority to award costs and attorneys' fees to either party in
accordance with the merits and good faith of the position asserted by the parties. Said final
decision of the arbitration may be submitted to the Spokane County Superior Court to be entered
in the form of a judgment therein.
C. In lieu of appointing three (3) arbitrators in the manner set forth above, the
parties may, by written agreement, designate a single arbitrator.
D. Except as provided herein, the arbitration proceedings shall be conducted
in accordance with the rules of the American Arbitration Association and the statutes of the State
of Washington pertaining to binding arbitration.
IN WITNESS WHEREOF, the parties hereto have executed this instrument at Spokane
Valley, Washington, on the day and year first above written.
LESSOR:
NORTHWE T CHRISTIAN SCHOOLS
By:
Its: r;,Z
By:
It: V"c Gka yw4+j., Fb00bN-00&)
Q(AJ L
LESSEE:
CITY OF SPOKAN ALLEY
By:
LE 1 ALTON
Its: Interim City Manager
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STATE OF WASHINGTON )
ss.
County of Spokane )
I certify that I know or have satisfactory evidence that ik the person
who appeared before me, and said personeackno wl edged thatiho{signed this instrument, on oath
stated that iheI was authorized to execute tlhe„ nrit�umcnt and acknowledged it as the
of Northwest Christian Schoolrrl Nthe free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
DATED this cQ94'day of January, 2003.
0;
7
r r t STATE r; .
STATE OF WA�K]NGTON )
) ss.
County of Spokane )
Print Name: A.GLlAm4&
NOTARY PUBLIC in and for the State of
Washington, residing at
MyCommission expires: 1-616610q
I certify that I know or have satisfactory evidence that Lee Walton is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the Interim City
Manager of the City of Spokane Valley, to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
DATED thisday of January, 2003.
Print Name: i?tt k /7'14,/ler
NOTARY PUBLIC in and for the State of j '
Washington, residing at LQ lee Fi r eP Park,
My Commission expires: /d / S /D-73
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EXHIBIT "A"
Redwood Plaza/Clocker Suite 101
1,924 Rentable Square Feet
EXHIBIT "A"
CLOCKTOWER BUILDINGIREDWOOD PLAZA
SUITE 106 FIRST FLOOR 109666 SQ. FT.
EXHIBIT "B"
KOFN&E- , INTC
P_O. BOX 14721
SPOKANE, WA. 99214
(509)'839-2749 FAX (509) 838-2586
.,
NAME/ADDRESS d
1411 J. t\rmtir 3URU IJ IV
Spokane WA 99202
ITEM
L'2
I
.1
0.3
10.0
3.16
3.55
6.1
9.8
9.4
6.4
6.2
9.6
100
300.1
DESCRIPTION
Demoltion
Demising walls patch & rep-.ur
Floor Preparation
Ceiling Rcpair
Electrical & Lighting
HVAC
Interior walls
PaiaUng I&M
Baseboard
Cabinetry
Doors & Trim & finish work
Floor covering repair
Profit & Overbead
Plan check and permit fees
WSST
Thank you for your business.
Ed wC!z?-:Z0 ME ET 'upl
P.O. NO. TERMS
City of Spoken Val -
QTY ` COST
j .630.00
165.00
40.00
315.00
1,370.00
440.00
840.00
5,838.00
44.00
9,877.00
?85.00
175.00
2,438.00
460.00
8- two I
Estimate
DATE
ESTIMATF_ NO.
1/13/2003
111
PROJECT
Rick
TOTAL
630 -OOT
165.00T
40.00T
315.00T
1,570.00T
440.00T
840.00T
5,838.00T
44.00T
9.877.00T
385.00T
175.00T
7,438,90T
460.00
1,843.32
TOTAL 525.06032
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PM
ENTRY
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OFFICE
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FLOOR PLAN
EXHIBIT "B"
KM EBL INC
P.O. BOX 14721
SPOKANE, W.A. 99214
(509) 838-2749 FAX (509) 838-2586
NAME/ADDRESS
Web Properties
140 S. Arthur Suitc 4510
Spokane WA 99202
l ; Tf /, 0
Estimate
DATE ESTIMATE NO.
12/1612002 109
c•+:ssd 1-1v—,zo3
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P.O. NO.
TERMS
Rid.
Valley City Chambers i
ITEM
DESCRIPTION
QTY
COST
PROJECT
TOTAL
12
Damltion -� _
980.00
980.007'
6.1
Dauising walls cut bole for dour
246.00
246.00T
8.8
i:n doors
585.00
585.00T
93
Floor Prcparadon
265.00
265.00T
110
Drapery budget
2.343.00
2343.00T
3.16
Electrical & Lighting
1,000.00
1,000.001'
6.2
Raised platform step and ramp
2,800.00
2,800.00T
9.4
Baseboard
190.00
190.00T
6.4
Cabinetry
9,955.00
9,955.00T
6.2
Display board and projection scr= budget
1,285.00
1,285.00T
9.6
Floor ouvering budget
2,520.110
2,520.00T
100
P1ofit & Overhead
2,217.00
2,217.007
360
Plan chock & Permit
475.00
,475.00
WSST
8.10%
1,975 �7
Thank you fo your
business. -- . ----
_
—._....�...TOTAL
_.......
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EXHIBIT "B"
HALLWAY
EW DOOR AND FRAME
I�II�II frll I I�Iltli� l� I�il�llrl
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I�Ilrll�ll�ll�ll�ll�ll�l
ILII, i�ll�lirl ISI �Il�llrl� Ili �I
.0 -armI ill l�litll�ll�l l Ili
I�II�II�II� I��'lir Ili Iirll�
LECTERN PRESS
EXHIBIT �—
DISPLAY
BOARD ~
RECOR ING ST.
SECRETARY
PERMANENT
EXHIBIT
SPACE RAM PP
RAISED PLATFORM +14"
Suite 101 - COUNCIL CHAMBERS
20' 12' 8' 4' 1' 0
Clocktower Bldg.
�■ o •••� WEB PROPERTIES
3E desi9n9roup REDWOOD PLAZA
SttilYrttititiT�lti'iL'��r�?tititi1�111titil1111 11707 E. SPRAGUE
SPOKANE, WA 99206
SUITE 101
Clocktower Bldg.
3
J
PROJECTION
SCREEN
PERMANENT
EXHIBIT
SPACE
NEW DRAPERY
POW= no.: cc11
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s-'et uo,
/�
1
or
a.te1 UA7.02
oaan er: It
CRt o
or: od
EXHIBIT "C"
RULES AND REGULATIONS
1. Lettering upon the directory board and the doors as required by Tenant shall be
subject to Lessor's reasonable approval, and shall be made by the sign company approved by
Lessor. The cost of the directory board and one (1) door sign shall be borne by Lessor but all
other lettering shall be paid by 'Tenant. The directories of the Clock Tower Professional Building
(hereinafter "Building") will be provided exclusively for the display of the name and location of
tenants and Lessor reserves the right to exclude any other names therefrom.
2. No additional locks shall be placed upon any doors of Premises, and 'Tenant
agrees not to have any duplicate keys made without the consent of Lessor. If more than two keys
for any door lock are desired, such additional keys shall be paid for by Tenant. Upon termination
of this Lease, Tenant shall surrender all keys.
3. Lessor shall have the right to limit the weight and size and to designate the
position of all safes and other heavy property brought into the building. Such furniture, freight,
equipment, safes and other heavy property shall be moved in or out of the Building only at the
times and in the manner permitted by Lessor. Lessor will not be responsible for loss of or
damage to any of the items above referred to, and all damage done to Premises or the Building or
property by moving or maintaining any of such items shall be repaired at the expense of Tenant.
Any merchandise not capable of being carried by hand shall utilize hand trucks equipped with
rubber tires and rubber side guards and shall only enter the building from the north entrance.
4. The entrances, corridors, stairways and elevators shall not be obstructed by
Tenant, or used for any purpose other than ingress or egress to and from the Premises. Tenant
shall not bring into or keep any animal (service animals excepted), or any bicycle or other type of
vehicle within the Building.
5. Tenant shall not disturb other occupants of the Building by making any undue or
unseemly noise, or otherwise, nor shall Tenant allow objectionable odors to disseminate into the
Building; common areas or the Building HVAC system. Tenant shall not, without Lessor's
written consent, install or operate in or upon the Premises any machine or machinery causing
noise or vibration perceptible outside the Premises, electric heater, stove, or machinery of any
kind or carry on any mechanical business thereon, or keep or use thereon oil, burning fluids,
camphene, kerosene, naphtha, gasoline, or other combustible materials. No explosives shall be
brought into the building.
6. Tenant shall not mark, drive nails, screw or drill into woodwork or plaster, or in
any way deface the Building, the Premises, or any part thereof, or fixtures therein; except that
pictures and similar decorations may be hung by means approved by Lessor. The expense of
remedying any breakage, damage or stoppage resulting from a violation of this rule shall be
borne by Tenant.
Mcmail attacLments\Cowmercial Lease 31,final city hall.doc
7. The requests -of tenants will be attended to only upon application at the office of
the building. Building employees shall not perform any work or do anything outside of their
regular duties, except on issuance of special instructions from the office of the Building. If the
Building employees are made available for the assistance of any tenants, Lessor shall be paid for
their services by such tenants at reasonable hourly rates. No Building employee will admit any
person (Tenant or otherwise) into any office without specific instructions from the office of the
Building.
8. Lessor reserves the right to close and keep locked all entrance and exit doors of
the Building on Sunday and legal holidays and between the hours of 7:00 p.m. of any day and
7:00 a.m. of the following day and during such further hours as Lessor may deem advisable for
the adequate protection of the Building and the property of the tenants.
9. Lessor assumes no responsibility for and shall not be liable for any damage
resulting from any error in regard to any identification of Tenant or its employees.
10. Lessor shall, at its cost and expense, operate the air conditioning system from
7:00 a.m. until 7:00 p.m, on business days, except on Saturdays, when the hours shall be from
8:00 a.m. until 1:00 p.m.
11. Tenant shall exercise care and caution to insure that all water faucets or water
apparatus, electricity and gas are carefully and entirely shut off before Tenant or its employees
leave the Building, so as to prevent waste or damage. Tenant shall be responsible for any damage
to the Premises or the Building or property and for all damage or injuries sustained by other
tenants or occupants of the Building arising from "tenant's failure to observe this rule, except if
such damage or injury is caused by Lessor or Lessor's agents including but not limited to the
janitors retained by Lessor.
12. Lessor reserves the right to exclude or expel from the Building any person who, in
the judgment of Lessor, is under the influence of liquor or drugs, or who shall in any manner,
do any act in violation of any of the rules and regulations of the Building.
13. Lessor reserves the right to make such other and further reasonable regulations as
in its judgment may from time to time be needed or desirable for the safety, care and cleanliness
of the Premises or the Building or property and the preservation of good order therein.
R;Ncmail attachmentsTanmcrial Lease 3l Anal city halLdoc