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17-022.00 Christina Perroux: Carnahan Rd Lease Agreement -022- LEASE 2 -LEASE AGREEMENT This Lease is made between the CITY OF SPOKANE Valley, a Washington State municipal corporation, as ("City or Lessor") and Christina Perroux, whose address is 707 S. Carnahan Rd.Spokane Valley WA 99212,as("Lessee). WHEREAS,the City recently made an offer to acquire the property identified in Section 1 below and WHEREAS, Lessee wishes to lease the property back from the City for a period of two weeks following the City's acquisition of the subject property.. NOW, THEREFORE„ in consideration of the mutually agreed terms, conditions and covenants the parties agree as follows: 1. DESCRIPTION OF PREMISES. The City leases to Lessee the following described property and improvements,legally described as(hereinafter referred to as"Premises"): IAT 7, BLOCK 6, CAROLINE,AS PER PLAT RECORDED IN VOLUME"S" OF PLATS,PAGE 12,RECORDS OF SPOKANE COUNTY; SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OP SPOKANE, STATE ©lx WASHINGTON 2. TERM. This Lease shall commence upon the close of escrow between the parties on or about January 6th,2017 and shall terminate two weeks from said close of escrow,but no later than January 27th,2017,unless terminated earlier as provided elsewhere In this Lease("initial Term"). 3. RENT. Lessee shall pay no rent to the City for the use and occupancy of the Premises, as agreed to as part of the settlement between the parties on the acquisition cost of the Premises from Lessee to Lessor. 4. AsECURITY DEPOSI'1,. No security deposit Is required on this Lease. 5. COMPLIANCE WITH LAWS. Use of the Premises shall be in compliance with all federal, state,local laws and regulations. Lessee shall not use the Premises or permit their use for any unlawful purpose. 6. ME OF PREMISES. Lessee shall use the Premises in the same ihshion as it has in the past. Lessee is expected to be moving its equipment and personal property off of the -of-way during the duration of this Lease. i 7. INSURANCE. During the term of this Lease, Lessee shall maintain homeowner's Insurance with a minimum liability limit of$200,000,at its own expense.Lessee shall furnish its insurance carriers) with a copy of this Lease to Insure proper coverage. As evidence of the insurance coverages required by this Lease,Lessee shall furnish acceptable insurance certificates to the City no later than 10 days after Lessee signs this Lease. The certificates shall specify all of the parties who are additional insured,will include applicable policy endorsements,and will include the 30-day cancellation clause. If Lessee fails to perform any of its obligations under this Section 7,the City may perform the same and the cost thereof shall be payable upon the City's demand. The City I makes no representations that the types or amounts of coverage required to be carried by Lessee pursuant to this Section are adequate to protect Lessee. If Lessee believes that any of such • insurance coverage is inadequate, Lessee will obtain, at Lessee's sole cost and expense, such additional Insurance coverage as Lessee deems appropriate. 8. WAIVER OF SUBROGATION. Lessee waives all rights of recovery against the City, Its subtenants, agents, and employees of the City, for loss or damage to the property of Lessee located on or about the Premises,resulting from fire or other causes which are normally covered by fire and extended coverage insurance,regardless of whether the loss or damage is due to negligence or otherwise, to the extent insurance proceeds ere actually obtained from third party insurance companies. Lessee shall cause its insurance carriers to consent to such waiver and to waive all rights of subrogation against the City. 9. JNDEMNIFICATION. Lessee shall indemnify and hold the City harmless from any loss, liability or claim for injury or damage to persons or property arising on the Premises by reason of the acts, omissions, negligence or carelessness of Lessee, its agents, servants, employees, customers, licensees or contractors. The City shall not be liable for any loss or damage to person or property sustained by Lessee, or other persons,which may be caused by the Premises, or any appurtenances thereto,being out of repair, or by the bursting or leakage of any water,gas,sewer or steam pipes,or by theft or by any act of neglect of any tenant or occupant of the Premises, or of any other entity authorized to use and occupy the Premises, or of any other persons, or by any other cause of whatsoever nature, unless and to the extent caused by the negligence of the City. 10. ASSIGNMENT. The Lease,or any interest therein,shall not be assigned,or sublet in whole or in part, without the prior written consent of the City, which consent shall not be unreasonably withheld.This Lease shall be binding upon the parties and also upon their successors. 11. TAXES. Not applicable. 12. MAIMISANCZAERAIMEAMOM. Lessee shall keep the entire Premises well maintained in a good repair and prevent any waste of the Premises. Lessee shall be responsible for all snow and ice removal from the Premises. At the end of the term,Lessee shall turn the Premises back to the City in as good a condition as they were at the beginning of the Lease tam,reasonable wear and tear excepted. 2 13. JMPROVEMENTS. Lessee shall be allowed to occupy the existing buildings for the duration of thts Lease. The buildings are conStderetreatpropertyarstwiltbe main satek. 14. INSPECTION. The City,after giving Lessee reasonable notice,shall have the right to make inspections of the Premises to ensure compliance with this Lease. 15. NOTICE. All notices made pursuant to the term of this Lease shall be in writing and may be served personally by certified mail,return receipt requested. Notice to the City shall be given to: Christine Bainbridge,City Clerk 11707 East Sprague,Suite 106 Spokane Valley,WA 99206 Notice to Lessee shall be given to: Christina Perroux 707 South Carnahan Road Spokane Valley,WA 99212 • 16. UTILITIES. Lessee shall pay for all utilities furnished to the Premises during the lease term, including but not limited to electricity, gas, heat, water and sewer. THB LESSEE SHALL PROMPTLY PAY ALL UTILITY BILLS. 17. DESTRUCTION OF PREMISES. If the Premises are destroyed by fire, or other casualty so as to render them unfit for occupancy,the City will elect not to restore the building or Premises to their former condition, in which event this Lease shall be terminated as of the date of the casualty. 18. WAIVER. Any waiver by either party of any breach or any failure to enforce a term of this Lease shall not be construed or considered to be a waiver of any future similar breach. 19. TEERIATION. Not applicable with regard to the 14 days the lease is valid, with the exception that the City may Immediately terminate the lease in the event Lessee is engaged in a use of the Premises that constitutes a felony under state or federal law. In such a circumstance, Lessee agrees that it shall immediately surrender the Premises to the City within 24 hours. 20. SURRENDER OP POSSESSION. At the expiration of the term of this Lease,or If terminated earlier as provided herein, Lessee shall immediately mer possession of the leased premises to the City, the leased premises to be In as good condition as the same were in at the beginning of the term of this Lease, or the condition to which they may be improved,reasonable wear and tear and damage by elements excepted. 21. ACCEPTANCE OF PREMISES. Lessee has inspected the Premises, accepts their condition and agrees that there are no repairs,changes or modifications to be made to the Prem1 es by the City. Lessee accepts the Premises "as is," subject to all existing liens, encumbrances and other matters of record and all zoning and building regulations which affect the Premises. Lessee acknowledges that the City its agents, officers or employees have not made any representations or warranty with respect to the Premises or the suitability for Lessee's intended use and that no representations or warranty have been made as to the state of construction or repair of the Premises. 22. NUISANCE. Lessee shall not create or permit the existence of any nuisance on the Premises; shall keep any space Lessee is exclusively in control of in clean and safe condition and free of any explosive, flammable or combustible material which would increase the risk of fire; shall not store in any space Lessee is exclusively in control of any potentially dangerous,hazardous or toxic materials;and shall not permit the accumulation of junk,debris or other similar materials. 23. LIENS AND ENCUMBRANCES. Lessee shall keep the leased premises free and clear of any lien or encumbrance arising or growing out of the use and occupancy of the premises by Lessee hereunder. At the City's request,Lessee shall furnish the City with written proof of the payment of any lien which would or might constitute the basis for a lien on the premises if not paid. 24. CONDEMNATION. Not applicable. 25. FORFEITURE. Not applicable. 26. ,AT'TORNEY'S IDES. In the event any suit or action should be instituted to enforce this Lease or any part thereof, the prevailing party in such suit or action shall be entitled to such reasonable attorneys fees as may be allowed by the court. 27. TRANSFER OF C„ITY'S INTEREST. Not applicable. 28. REPRESENTATIONS. Lessee acknowledges that this Lease does not bind the City until the City Manager executes this Lease. Lessee represents and warrants to the City that it has full right,power and authority to enter into this Lease and to perform in accordance with its terms and provisions. Lessee further represents that the person signing this Lease on behalf of Lessee has the authority to bind Lessee and to enter into this Lease, including having taken all requisite notion and steps to authorize the execution,delivery,and performance of this Lease. 29. ENVIRONMENTAL AND HAZARDOUS MATERIALS. Lessee will comply with all environmental laws during the term of the Lease. Leasee (hereafter the indemnifying party), its successors and assigns,shall indemnify and hold harmless from and against any and all losses, liabilities (including strict liability), damages, injuries, expenses, and costs, including, without limitation,reasonable attorney's fees,of any settlement or payment,or any judgment of any and every kind whatsoever paid, incurred or suffered by the City, its successors and assigns by any w person or entity or governmental agency,for, with respect to,or as a direct or indirect result of the escape, seepage, leakage, spillage, emission, discharge or release ofany tfazardbus Sruhsfance (as defined hereinbelow) on or under the Premises, resulting directly or indirectly from Lessee's activities on the Premises, or those of Lessee's employees, agents, and/or contractors, including, without limitation any losses, liabilities (including strict liability), damage, injuries, expenses, and costs, Including, without limitation, reasonable attorney's fees, of any settlement or judgment arising under, as amended, without limitation, the Comprehensive Environmental Responses, Compensation and Liability Act,the Superfund Amendment and Reauthorization Act,the Resource Conservation Recovery Act, the Federal Water Pollution Control Act,the Federal Environmental Pesticides Act,the Clean Water Act,the Model Toxic Control Act of the State of Washington,any so-called federal, state or local "Superfund" or "Superlien" statute, or any other statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or Imposing liability (including strict liability),or standards of conduct concerning any Hazardous Substance. The term"Hazardous Substance"as used herein shall include but not be limited to asbestos, flammable explosives, dangerous substances, pollutants, contaminants, hazardous wastes, toxic substances, and any other chemical, material or related substance, exposure to which is prohibited to regulated by any governmental authority having jurisdiction over the Premises, any substances defined as "hazardous substances," "hazardous materials" or "toxic substances" in the Comprehensive Environmental Response Compensation and Liability Act of 1980,as amended,by Superfund Amendments and Reauthorization Act 42 U.S.C. §6901, et seq.; the Hazardous Materials Transportation Act, 42 U.S.C. §6901, et seq.; Clean Air Act, 42 U.S.C. §7901, et seq.; Toxic Substances Control Act, 15 U.S.C. §2601,et seq.;Clean Water Act,33 U.S.C.§1251,et seq; the laws,regulations or rulings of the state in which the Premises is located or any local ordinance affecting the Premises; or the regulations adopted in publication promulgated pursuant to any of such laws and ordinances. 30. pIGNS. Not applicable. 31. ARBITRATION. Not applicable. 32. pOVERNING LAW. This Lease shall be governed by and construed in accordance with the laws of the State of Washington, and venue for any action shall be in Spokane County Superior Court. 33. INTEGRATION. This Lease supersedes all previous written and oral communications between the parties and is intended to be a complete embodiment of all agreements made between the parties regarding use of the property following the purchase by the City. This Lease may not be amended except by a mutual written agreement executed by the parties hereto. Signed this �QS day of January,2017. CITY OF SPOKANE VALLEY SikBy: ( ho- AtrnL Jv - 1 - P Approved as _ rm: office a the city Attorney Signed this 5' day ofJanuary,2017 Christina Perroux • By: -14-•;:ii-iu0 viz