03-009.07 Northwest Christian Schools: City Hall Clocktower Bldg LeaseD3-dL17.c�
LEASE AMENDMENT
THIS AGREEMENT made this _f ""day of-A�Qj�-6[_ 2016, by and between the CITY OF
SPOKANE VALLEY, which mailing address is 11707 East Sprague, Spokane Valley, Washington 99206,
(hereinafter referred to as "Lessee"), and NORTHWEST CHRISTIAN SCHOOLS, INC. a nonprofit
corporation, (hereinafter referred to as "Lessor");
WHEREAS, The City of Spokane Valley, as Lessee, and Northwest Christian Schools, Inc., as
Lessor, entered into Lease Agreements and renewals all of which expire March 31, 2017 for Suites 101,
102, 103, 104, 105, 106, 304, and B-4 warehouse space as noted below, copies of which are attached hereto
as Exhibit "A" (all hereafter referred to as the Lease); and
WHEREAS, Lessee and Lessor desire herein to provide for a six-month extension and the terms
thereof,
NOW, THEREFORE, for and in consideration of the recitations set forth, the terms and provisions
herein contained, and the mutual benefits to be derived here from, the parties do hereby contract, covenant
and agree as follows:
1. Lease Extension. The Lease shall be modified to extend the Lease until September 30,
2017, according to the terms and conditions herein. The Lessee agrees to comply with all of the terms and
conditions of the Lease, as amended by this Lease Amendment.
2. Premises Leased. Lessee leases 25,950 square feet within the Clocktower Building, noted
as follows: Suites 101,102, 103, 104, 105, 106 and 304, as well as B-4, 2,300 square feet of warehouse
space in the west wing building. All as shown on Exhibit `B" attached hereto (referred to as "Premises").
3. Amendments to Lease. Lessee and Lessor hereby agree to amend certain provisions
under the Lease as follows:
a. Lease Expiration Date. The Lease shall be extended for a period of Six (6)
Months, which extended Lease term shall expire on September 30, 2017.
Rent.
Monthly rent for the period of April 1, 2016 through March 31, 2017 shall be as
follows:
Clocktower Suites:
$35,470.87
B-4 (base rate)*:
$ 750.88
Total Monthly Rent:
$36,221.75
Monthly rent for the period of April 1, 2017 through September 30, 2017 shall
be as follows:
Clocktower Suites:
$53,206.31
B-4 (base rate)*:
$ 1.126.32
Total Monthly Rent:
$54,332.63
*NNN Charges for Suite B-4 shall
also be paid according to the terns of the
Lease
C. Expiration of Lease and Termination of Possession. Lessee agrees and
acknowledges that Lessor is relying upon Lessee's agreement to timely vacate the premises no
later than the expiration of the term of the Lease, September 30, 2017. Lessee acknowledges that
Lessor may incur substantial expenses and suffer significant economic harm in the event Lessee
does not fully vacate the premises by that date. Accordingly, Lessee agrees and acknowledges that
Lessee has no right to retain possession of the Premises, or any part thereof, beyond September 30,
2017. If Lessee fails to fully vacate the Premises by September 30, 2017: (a) Lessee shall be in
default under the terms of the Lease; (b) Lessee shall have no right to continued possession of the
Premises; (c) Lessee shall pay to Lessor an amount equal to 200% of the rent applicable during
the month immediately following such default, and this amount shall be assessed for each month,
or portion thereof following September 30, 2017 until Lessee vacates the Premises; (d) Lessee
shall pay all costs, expenses, attorneys' fees and damages, including consequential damages
sustained by Lessor, directly or indirectly, by reason of Lessee's failure to deliver possession of the
Premises by September 30, 2017; (e) all of Lessee's obligations to Lessor under the terms of the
Lease, including the obligation to pay rent and all other sums owing to Lessor, shall continue to
apply: (f) Lessor shall have all other Lessor's rights and remedies provided under the terms and
conditions of the Lease; and (e) there shall be no renewal or extension of the Leases by operation
of any law. Nothing contained herein shall be construed as a consent by Lessor to any holding
over by Lessee. Additionally, Lessee shall protect, indemnify, defend, and hold Lessor harmless
from and against any and all claims, demands, actions, losses, damages, obligations, costs, and
expenses, including, without limitation, attorneys' fees incurred or suffered by Lessor by reason of
Lessee's failure to surrender the Premises on the expiration or earlier termination of this Lease in
accordance with the provisions of this Lease.
d. Paragraphs 3(c) and 3(d) of the Lease Extension and Expansion Agreement dated
March 22, 2013 and Paragraphs 3(c), 3(d) and 3(e) of the Lease Amendment dated November 11,
2014, shall all be stricken.
4. Waivers. Modification or Amendment. No waiver, modification or further amendment of
any term or condition of this Lease Amendment or the Lease shall be effective unless in writing, and no
waiver or indulgence by either party or any deviation by the other party from full performance of this
Agreement shall be a waiver of the right to subsequent or other full, strict, and timely performance.
5. Merger Clause. This Lease Amendment and the Lease attached as Exhibit A express the
full and final purpose and agreement of the parties and will not be qualified, modified or supplemented by
course of dealing, usage of trade, or course of performance. There are no verbal agreements which qualify,
modify or supplement this Lease Amendment or the Lease.
6. Counterparts. This Agreement may be executed in two or more parts, each of which shall
be deemed an original, but all of which together shall constitute one and the same instrument.
Except as specifically modified by this Lease Amendment, the terms and conditions of the Lease
remain in full force and effect. ff�
IN WITNESS WHEREOF, the parties hereto have set their hands this day of
2016.
LESSOR
NORTHWEST CHRISTIAN SCHOOLS, INC.
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BY:
ITS:
Executed On •� ��
LESSEE
CITY OF SPOKANE VALLEY
BY: A04
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