19-137.00 Community Colleges of Spokane: CenterPlace Classrooms Lease 61- 137
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STATE OF WASHINGTON
DEPARTMENT OF ENTERPRISE SERVICES
Facilities Division
Real Estate Services
1500 Jefferson Street SE,Olympia,WA 98501
PO Box 41468,Olympia,WA 98504-1468
November 19, 2019
City of Spokane Valley
10210 East Sprague Avenue
Spokane Valley, WA 99206
SUBJECT: Lease SRL 19-0093,Spokane Valley
Enclosed for your records is a fully executed copy of the above-referenced Lease. An original of this
Lease has been forwarded to the county auditor for recording.
According to the terms of the Lease,properly executed monthly rent vouchers must be submitted to
the tenant agency at the end of each month for payment. Please contact the tenant agency to obtain
information and procedures to be used for your submission of your monthly rent vouchers.
Please note: the lease execution portion of this transaction is considered closed and the RES Design
Professional,Harold Brodin,will now be your primary contact for completion of items as referenced
in paragraph 18,ADDITIONAL LEASE PROVISIONS,and any authorities related to completion of
that work. He can be reached at(509) 808-0750.
If you have any questions,please call me at(360)407-9307.
Sincerely,
�"" Yok/47' Contracts Specialist
Real Estate Services
Enclosure
cc: John O'Rourke, CCS
AFTER RECORDING RETURN TO:
Department of Enterprise Services
Real Estate Services
P.O.Box 41468
Olympia,Washington 98504-1468
Lease No. SRL 19-0093 (Spokane Valley)BMPW/cns
SR 1001690 Page 1 of 12
J Date:August 20,2019
GLEASE
(021 O
THIS LEASE is made and entered into between City of Spokane Valley, a municipal corporation whose
�p address is X07 East Sprague Avenue, Spokane Valley, Washington 99206 for its heirs, executors, administrators,
r/71 successors,and assigns,hereinafter called the Lessor,and the STATE OF WASHINGTON,Community Colleges of
Spokane,District 17,acting through the Department of Enterprise Services,hereinafter called the Lessee.
WHEREAS, the Department of Enterprise Services is granted authority to lease property under RCW
43.82.010;
WHEREAS,the Lessor and Lessee deem it to be in the best public interest to enter into this Lease;
NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained
herein,IT IS MUTUALLY AGREED AS FOLLOWS:
LEASED PREMISES
1. The Lessor hereby leases to the Lessee the following described premises:
s Jrax Parcel Number:45105.9096
*C' Common Street Address:2426 N.Discovery Place,-Roont 299; Spokane Valley,Washington 99215
Approximately 794 BOMA rentable square feet of classroom space in a building known as CenterPlace,(hereinafter
"CenterPlace")together with intermittent use of other classrooms on a scheduled basis,together with on site code
parking whose address is:2426 N.Discovery Place,' vrn 09, Spokane Valley,Washington 99216 located on real
property legally described as follows: see Exhibit"A"attached hereto(hereafter"Property").
Site Plan Shown on Exhibit"B"
USE
2. The premises shall be used by the Community Colleges of Spokane,District 17 and/or other state
agencies for the following purpose(s): classrooms,educational programming and community education to all ages of
residents of the City of Spokane Valley and the surrounding area and program areas including, but not limited to:
English as a Second Language("ESL");Adult Basic Education;Workforce Training; and cultural
and artistic seminars. Pi/Z.
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Lease No. SRL 19-0093 August 20,2019 Page 2 of 12
Further,Lessee understands that the CenterPlace is a"regional center"encompassing certain activities. In addition to
the activities described above,Lessee will endeavor to make these Premises available to the City of Spokane Valley,
other users of CenterPlace and third parties who may wish to use the CenterPlace for the following regional uses:
Conference Activities: Breakout and overflow activities and other components of CenterPlace; activities by smaller
groups sponsored by Lessee and other community organizations.
Cultural Activities:Performances of multi-ethnic and community groups;multi-cultural activities and events that lead
to greater involvement in an appreciation of the diversity of the region and the people who live or have lived here;
Community Activities: Teen and youth activities,including such activities as recognition events for figures of regional
and national significance, book-a thons and other academic or cultural competitions or events (all collectively
"Regional Uses").
Lessee agrees to use its best efforts to make these Premises available for Regional Uses approximately twenty percent
(20%)of the time.
Lessee agrees, upon reasonable notice from Lessor, to make available to Lessor the schedules showing use of the
Premises. Under no circumstances shall Lessees failure to achieve this goal be identified as an event of default or any
other form of breach of this Lease. Lessee shall retain any and all rental income paid Lessee for use of the Premises
by third parties for the uses above described. The Premises shall be used for no other purpose.
Lessee acknowledges that neither Lessor nor any agent of Lessor has made any representation or warranty with respect
to the Premises or with respect to the suitability of the Premises or the CenterPlace for the conduct of Lessee's
business, nor has Lessor agreed to undertake any modification, alteration or improvement to the Premises or
CenterPlace,except as provided in writing in this Lease.
Lessee acknowledges that Lessor may from time to time, at its sole discretion,make such modifications, alterations,
deletions or improvements to the Premises or CenterPlace at Lessor's sole cost and expense as Lessor may deem
necessary or desirable,without compensation or notice to Lessee,provided,however,Lessor will give Lessee seventy-
two(72)hours advance notice for any such modifications,alterations,deletions or improvements in the Premises.
Lessee shall promptly comply with all laws,ordinances,orders and regulations affecting the Premises(including,but
not limited to,the Americans with Disabilities Act of 1990 and the Fair Housing Act of 1968,as amended, and other
similar laws), including, without limitation, any rules and regulations that may be attached to this Lease and any
reasonable rules and regulations as Lessor may adopt from time to time. Lessee's compliance with the requirements
of this paragraph shall not negate any obligations of Lessor stated in paragraph 6.
Lessee shall not do or permit anything to be done in or about the Premises or bring or keep anything in the Premises
that will in any way increase the premiums paid by Lessor on its insurance related to the CenterPlace or which will in
any way increase the premiums for fire or casualty insurance carried by other Lessees in the CenterPlace. Lessee will
not perform any act or carry on any practices that may injure the Premises or CenterPlace;that may be a nuisance or
menace to other Lessees in the CenterPlace;or that shall in any way interfere with the quiet enjoyment of such other
Lessees. Lessee shall not use the Premises, or any part thereof, for illegal purposes, nor under any circumstances
permit gambling or the illegal sale of alcohol or narcotics upon the Premises;nor permit any act to be done which will
make the Premises subject to abatement by any governmental authority.
Lessee shall not use the Premises for sleeping or cooking or the preparation,manufacture,or mixing of an ' that
might emit any objectionable odor,noise,vibration or lights onto other Lessees. If sound 4"
insulation is required to muffle noise produced by Lessee on the Premises,Lessee at its own cost
shall provide all necessary insulation. Lessee shall not do anything on the Premises which will
overload any existing parking or service to the Premises.
Lease No. SRL 19-0093 August 20,2019 Page 3 of 12
Pets and/or animals of any type shall not be kept on the Premises with the exception of qualified guide dogs and
service animals and dogs required for law enforcement and security purposes.
Any wet lab installed by Lessee or for Lessees benefit in the Premises must be in compliance with occupancy
requirements of the International Building Code adopted by Lessor. Any plans for installation of a wet lab or
modifications of the same must be first approved in writing by Lessor prior to commencement of construction,which
approval will not be unreasonably withheld. Lessor also shall be provided by Lessee,as part of said approval process,
a copy of Lessees hazardous materials management plan. Lessor, in connection with any approval and from time to
time,or reasonable notice,may inspect the lab to insure compliance with the plan.
TERM
3. TO HAVE AND TO HOLD the premises with their appurtenances for the term beginning October
1,2019 and ending September 30,2024.
RENTAL RATE
4. The Lessee shall pay rent to the Lessor for the premises at the following rate:
Seven Hundred Eighteen Dollars and Fifty-seven Cents $718.57 per month
Payment shall be made at the end of each month upon submission of properly executed vouchers.
4.1 Lessee shall pay Lessor for intermittent used space on an hourly basis at the rate of$10.00 per hour
for a small room and$16.00 per hour for a large room.
4.2 Rent Without Offset and Late Charge. All rent shall be paid by Lessee to Lessor monthly on the
last day of every calendar month,at the address shown in Section 28,or such other place as Lessor may designate in
writing from time to time. All rent shall be paid without prior demand or notice and without any deduction or offset
whatsoever. All rent shall be paid in lawful currency of the United States of America. Proration of rent due for any
partial month shall be calculated by dividing the number of days in the month for which rent is due by the actual
number of days in that month and multiplying by the applicable monthly rate. Additionally, all such delinquent rent
or other sums shall bear interest at the rate of 12%per annum If the interest rate specified in this Lease is higher than
the rate permitted by law, the interest rate is hereby decreased to the maximum legal interest rate permitted by law.
Any payments of any kind returned for insufficient funds will be subject to any additional handling charge of$25.00,
and thereafter, Lessor may require Lessee to pay all future payments of rent or other sums due by money order or
cashier's check.
4.3. The Lessee reserves the right to suspend payment of rent effective October 1,2019 if at such time
the work set forth in Additional Lease Provisions paragraph 18 has not been completed by Lessor and accepted by the
Department of Enterprise Services(DES). Upon satisfactory completion of the above mentioned work and acceptance
by DES,Lessee shall pay to Lessor all suspended rent as a single payment within 30 days of such acceptance of work.
EXPENSES
5. During the term of this Lease, Lessor shall pay all real estate taxes, all property assessments,
insurance, storm water, water, sewer, garbage collection, and maintenance and repair as described below, together
with natural gas, electricity, elevator service, exterior and interior window washing, landscape and irrigation water,
1/ and janitor service. . ` :::. . ', .. .• . ,.•
imaferetnecs Janitor service includes exterior and interior window washing,restroom supplies and t14,
fe light bulb replacement and such other items as set forth in Exhibit"C"which is attached hereto and
mcorporated by reference. Lessor shall also allow Lessee access to Lessor's network via wifi or
• directly at no cost.
Lease No. SRL 19-0093 August 20,2019 Page 4 of 12
MAINTENANCE AND REPAIR
6. The Lessor shall maintain the premises in good repair and tenantable condition during the
continuance of this Lease,except in case of damage arising from the negligence of the Lessee's agents or employees
For the purposes of maintaining and repairing the premises,the Lessor reserves the right at reasonable times upon
reasonable notice to enter and inspect the premises and to make any necessary repairs to the building. Lessor's
maintenance and repair obligations shall include, but not be limited to, the mechanical, electrical, interior lighting
(including replacement of ballasts, starters and fluorescent tubes as required), plumbing, heating, ventilating and
air-conditioning systems (including replacement of filters as recommended in equipment service manual); floor
coverings; window coverings; elevators (including communications systems); inside and outside walls (including
windows and entrance and exit doors); all structural portions of the building (including the roof and the watertight
integrity of same);porches,stairways;sidewalks;exterior lighting;parking lot(including snow removal,cleaning and
restriping as required); wheel bumpers, drainage; landscaping and continuous satisfaction of all governmental
requirements generally applicable to similar office buildings in the area(example: fire,building,energy codes,indoor
air quality and requirements to provide architecturally barrier-free premises for persons with disabilities,etc.).
6.1 Lessor shall as part of maintenance provide de-icing and snow and debris removal service. At a
minimum,Lessor shall treat or remove,before normal business hours and at other times as soon as practical thereafter,
debris,snow and/or ice from the parking lot and all sidewalks and entrances.Without prior notice,Lessor shall apply
de-icer and/or sand as necessary to any sidewalks and entrances to avoid unsafe conditions;snow removal in parking
lots to take place when an excess of 2 inches of snow occurs; provided, any icy or dangerous conditions must be
addressed This provision does not create any third parties beneficiary rights,including but not limited to rights in any
member of the public or state employees,to enforce this provision,rely upon it,or to reference it in any legal action.
ASSIGNMENT/SUBLEASE
7. Except for sublet for use by other State agencies per Paragraph 2(USE),the Lessee may not assign
this Lease or sublet the premises without the prior written consent of the Lessor, which consent shall not be
unreasonably withheld or delayed. Lessor shall respond to approve or disapprove a request for consent within thirty
(30)days of receipt of the request. If such response is not received within thirty days,it will be considered approved
and Lessee will proceed with sublease.Lessee shall not permit the use of the premises by anyone other than the Lessee,
such assignee or sublessee,and the employees,agents and servants of the Lessee,assignee,or sublessee.
RENEWAL/CANCELLATION
8. The Lease may, at the option of the Lessee, be renegotiated for an additional five (5) years
("Extended Term"). If Lessee elects to renew, said renewal shall be exercised by Lessee providing Lessor written
notice of its renewal no later than six(6)months prior to the end of the Term. If Lessee elects to renew,the monthly
base rent provided herein shall be negotiated between the parties;provided, however,the rent shall not, during the
renewal period,be less than the rent for the last month of the original term. If the parties cannot agree upon rent before
the end of the original term,this lease shall terminate unless the parties agree otherwise in writing_
8.1 It is provided, however, that there is expressly reserved to the Lessee the right and option to
terminate this Lease and to relinquish and give up said premises by giving written notice to the Lessor at least one
hundred twenty(120)days prior to the effective date of such termination,in which event rent shall be prorated to the
date of termination.
PAYMENT
9. Any and all payments provided for herein when made to the Lessor by the Lessee
shall release the Lessee from any obligation therefor to any other party or assignee.
Lease No. SRL 19-0093 August 20,2019 Page 5 of 12
COMPLIANCE WITH STATE/FEDERAL LAWS
10. Lessor is responsible for complying with all applicable provisions of the Americans With
Disabilities Act of 1990, and all amendments and regulations thereto and the Washington State Law Against
Discrimination, Chapter 49.60 RCW, as well as the regulations adopted thereunder, with respect to the Leased
Premises
FIXTURES
11. The Lessee shall have the right during the existence of this Lease,subject to the written permission
of the Lessor (such permission shall not be unreasonably withheld), to make alterations, attach fixtures, and erect
additions, structures or signs,in or upon the Premises. Such alterations,fixtures,additions,structures and signs shall
be authorized by the Department of Enterprise Services. Performance of any of the rights authorized above shall be
conducted in compliance with all applicable governmental regulations, building codes, including obtaining any
necessary permits; and will not interfere with use of other portions of CenterPlace or the Property. Any fixtures,
additions,or structures so placed in or upon or attached to the Premises shall be and remain the property of the Lessee
and may be removed therefrom by the Lessee upon the termination of this Lease unless noted otherwise in Lessor's
permission. Any damage caused by the removal of anv of the above items shall be repaired by the Lessee.
ALTERATIONS/IMPROVEMENTS
12. In the event the Lessee requires alterations/improvements during the term of this Lease, any
renewals and/or modifications thereof,the Lessor shall have the right to provide such services. If required by state
law,the Lessor shall pay prevailing rate of wage to all workers,laborers or mechanics employed to perform such work
as well as comply with the rules and regulations of the Department of Labor& Industries. If the Lessee considers
Lessor's proposed costs for alterations/improvements excessive,Lessee shall have the right,but not the obligation,to
request and receive at least two independent bids; and the Lessee shall have the right at its option to select one
alternative contractor whom the Lessor shall allow to provide such services for the Lessee in compliance with the
Lessor's building standards and operation procedures.
PREVAILING WAGE
13. Lessor agrees to pay the prevailing rate of wage to all workers,laborers,or mechanics employed in
the performance of any part of this Lease when required by state law to do so, and to comply with the provisions of
Chapter 39.12 RCW, as amended, and the rules and regulations of the Department of Labor and Industries and the
schedule of prevailing wage rates for the locality or localities where this Lease will be performed as determined by
the Industrial Statistician of the Department of Labor and Industries, are by reference made a part of this Lease as
though fully set forth herein.
DISASTER
14. In the event the leased premises are destroyed or injured by fire, earthquake or other casualty so as
to render the premises unfit for occupancy,and the Lessor(s)neglects and/or refuses to restore said premises to their
former condition, then the Lessee may terminate this Lease and shall be reimbursed for any unearned rent that has
been paid. In the event said premises are partially destroyed by any of the aforesaid means,the rent herein agreed to
be paid shall be abated from the time of occurrence of such destruction or injury until the premises are again restored
to their former condition, and any rent paid by the Lessee during the period of abatement shall be credited upon the
next installment(s)of rent to be paid. It is understood that the terms"abated"and"abatement"mean
a pro rata reduction of area unsuitable for occupancy due to casualty loss in relation to the total
rented area.
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Lease No. SRL 19-0093 August 20,2019 Page 6 of 12
NO GUARANTEES
15. It is understood that no guarantees,express or implied,representations,promises or statements have
been made by the Lessee unless endorsed herein in writing. And it is further understood that this Lease shall not be
valid and binding upon the State of Washington,unless same has been approved by the Director of the Department of
Enterprise Services of the State of Washington or his or her designee and approved as to form by the Office of the
Attorney General. Any amendment or modification of this Lease must be in writing and signed by both parties.
REIMBURSEMENT FOR DAMAGE TO PREMISES;RELEASE
16. The Lessee agrees to reimburse the Lessor for damages caused by Lessee's employees acting
within the scope of their employment and others for whom the Lessee would be vicariously liable under the tort laws
of the state,but in no event shall this paragraph be construed as diminishing the Lessor's duty to make repairs as set
forth in the preceding paragraphs of this Lease,or as making the Lessor responsible for ordinary wear and tear.
HAZARDOUS SUBSTANCES
17. Lessor warrants to his/her knowledge that no hazardous substance, toxic waste, or other toxic
substance has been produced,disposed of,or is or has been kept on the premises hereby leased which if found on the
property would subject the owner or user to any damages, penalty, or liability under any applicable local, state or
federal law or regulation.
Regarding any portion of the Premises used for the wet lab or similar activities,Lessee warrants that it will
not use, store, dispose of or otherwise deal with any hazardous substance in an improper manner or in violation of
applicable law on,under or about the Premises. With respect to the balance of the Premises,Lessee warrants it will
not use, store, dispose of or otherwise deal with any hazardous substance on, under or about the Premises. Lessee
agrees to reimburse Lessor for any loss,liability, cost,expense or fine incurred by Lessor because of the presence of
any hazardous substance on,in,under or about the Premises resulting from Lessee's use,storage, disposal or sale of
such hazardous substances,whether or not expressly permitted hereunder
In the event that a violation of any such laws by the Lessee or the detection of any such violation occurs on
the Premises during the term of this Lease,Lessee shall,at its own expense,promptly commence clean-up and other
remedial actions and shall diligently conduct such actions until such violation is ended and the effects of such violation
have been fully remedied as required by applicable laws. Lessee shall remain fully liable,and shall reimburse Lessor
for any costs or expenses for clean-up, waste disposal, litigation, governmental or administrative action, fines,
penalties, including, without limitation, those costs, expenses, penalties and fines within the meaning of the
Comprehensive Environmental Response, Compensation and Liability Act,42 U.S.C. §9601,et. seq. ("CERCLA"),
and the Model Toxics Control Act of the State of Washington codified as RCW Chapter 70.105D,caused by Lessee's
use and/or occupancy of the Premises during the term of this Lease.
a) Emissions. Lessee shall not:
1) Permit any vehicle owned by Lessee on the Premises to emit exhaust which is in
violation of any governmental law,rule,regulation or requirement;
2) Discharge,emit or permit to be discharged or emitted,any liquid,solid or gaseous
matter,or any combination thereof,into the atmosphere,the ground or any body of water which
matter,as reasonably determined by.Lessor or any governmental entity,does,or may,pollute or
contaminate the same,or is,or may become,radioactive or does,or may,adversely affect the(a)
health or safety of persons,wherever located,whether on the Premises or anywhere else,
(b)condition,use or enjoyment of the Premises or any other real or personal property,
whether on the Premises or anywhere else, or(c)Premises or any of the improvements
thereto or thereon including buildings,foundations,pipes,utility lines,landscaping or
parking areas;
Lease No. SRL 19-0093 August 20,2019 Page 7 of 12
3) Produce,or permit to be produced,any intense glare,light or heat except within an
enclosed or screened area and then only in such manner that the glare, light or heat shall not be
discernible from outside the Premises;
4) Create,or permit to be created,any sound pressure level which will interfere with the
quiet enjoyment of any real property outside the Premises,or which will create a nuisance or violate
any governmental law,rule,regulation or requirement;
5) Create,or permit to be created,any ground vibration that is discernible outside the
Premises;and/or
6) Transnut,receive or permit to be transmitted or received,any electromagnetic,
microwave or other radiation which is harmful or hazardous to any person or property in,or about the
Premises,or anywhere else.
b) Disposal of Waste.
1) Sewage Disposal. Lessee shall properly dispose of all sanitary sewage and shall not use
the sewage disposal system(a)for the disposal of anything except sanitary sewage or(b)in the excess
of the lesser amount(i)reasonably contemplated by the uses permitted under this Lease or(ii)
permitted by any governmental entity.
2) Disposal of Other Waste. Lessee shall properly dispose of all other waste or matter
delivered to,stored upon,located upon or within,used on,or removed from,the Premises in such a
manner that it does not,and will not,adversely affect the(a)health or safety of persons,wherever
located,whether on the Premises or elsewhere:(b)condition,use or enjoyment of the Premises or any
other real or personal property,wherever located,whether on the Premises or anywhere else,or(c)
Premises or any of the improvements thereto or thereon including buildings,foundations,pipes,utility
lines,landscaping or parking areas.
c) Information. In the event of any accident,spill or other incident involving hazardous or
toxic matter,Lessee shall immediately report the same to Lessor and supply Lessor with all
information and reports with respect to the same.
d) Compliance with Law. Notwithstanding any other provision in this Lease to the contrary,
Lessee shall comply with all laws,statutes,ordinances,regulations,rules and other governmental
requirements in complying with its obligations under this Lease.
e) Reimbursement. In addition to any other remedy Lessor may have under this Lease or at
law or in equity,if Lessee breaches the provisions of Section 17,Lessee shall reimburse Lessor for
any costs,fees,penalties,loss,claim,liability or expense,(including,without limitation, diminution in
the value of the Premises,CenterPlace or the Property for damages for the loss or restriction on use of
rentable or usable space or of any amenity of the Premises or any part of the Property,and sums paid
in settlement of claims,attorneys' fees,consultant fees and expert fees)arising during or after the
Lease term as a result of such breach. This obligation of Lessee to Lessor includes,without
limitation,any and all costs incurred in connection with any investigation of site conditions and any
cleanup,remedial,removal or restoration work required by any federal,state or local governmental
agency or political subdivision. Lessee's obligations under this Section 17 shall continue
notwithstanding termination of this Lease for any reason whatsoever
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ADDITIONAL LEASE PROVISIONS
18. It is agreed that the Lessor shall, at Lessor's sole cost and expense,on or before October 1, 2019.
complete in a good and workmanlike manner,the following items:
NOTE: Where work may disrupt and/or negatively impact Lessee's staff and their work, please contact Lessee at
least sixty(60)days prior to anticipated start date in order to minimize disruptions.
INTERIOR:
a. Paint: Provide touch-up paint using solvent-free,non-VOC paint products where marks are visible on the wall
(near white boards etc.) Touch-up paint shall be from corner to corner. Lessor shall remove and re-install all
furniture and partitions Lessee shall remove all personal items,computers and associated Lessee equipment.
b. Flooring: Professionally clean all flooring surfaces to restore them to like-new finished appearance. In the
event the existing surface materials cannot be successfully restored,provide new materials,to replace existing.
Lessor to remove and re-install all furniture and partitions. Lessee shall remove all personal items,computers
and associated Lessee equipment
MECHANICAL:(Division 15 -Mechanical)
c. Grilles,and Diffusers: Clean all HVAC supply and return air diffusers,and grilles.
CANCELLATION/SUPERSESSION
19. This Lease cancels, supersedes, or replaces SRL 13-0021 dated August 19, 2013, and all
modifications thereto effective October 1,2019.
DUTY TO CURE
20. Upon receiving notice of a condition requiring a cure, the party obligated to effect the cure shall
initiate and complete cure or repair of such condition within a reasonable time. A condition requiring cure includes,
without limitation: (1) a condition for which the Lease requires either party to undertake repair/replacement and/or
other maintenance of the Premises, (2)a condition where either has failed to maintain a service or utility account in
good standing as required by the Lease,and (3)any other condition resulting from a party's failure to carry out any
obligation under the Lease, including without limitation obligations for rent, charges, improvements, alterations,
and/or deferred maintenance,and remediation of damages for which a party is responsible under the Lease. Premises
include all fixtures and equipment provided within the Premises by the Lessor.
The term"reasonable time"as used within this paragraph of the Lease shall mean as soon as reasonably possible but
no longer than thirty (30) days, unless either (I) an emergency condition exists requiring an immediate cure to
promptly begin without delay, usually within hours and to be complete within 24 hours to the extent reasonably
possible in light of the nature of the condition and circumstances,or(2)a non-emergency condition exists that is not
reasonably possible to cure within 30 days with due diligence and the breaching party provides the level of cure or
preparation for cure that is reasonably possible to do with due diligence within 30 days.
If an emergency or non-emergency condition exists that is not reasonably possible to completely cure within 24 hours
or 30 days, respectively, the party obligated to cure shall so notify the other party within 24 hours or 30 days,
respectively. Such notice shall explain why the cure is not reasonably possible with due diligence to complete within
24 hours (if an emergency) or 30 days (if a non-emergency) and provide the earliest date that the work can be
completed as soon as reasonably possible. It is not a justifiable ground for delay that the party
obligated to effect the cure does not have available funding to accomplish the cure or that a preferred
contractor has limited availability if other contractors can satisfactorily perform the work sooner at LI
reasonable cost. 4
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Lease No. SRL 19-0093 August 20,2019 Page 9 of 12
The term"emergency condition"shall mean a condition requiring a cure that(i)prevents or substantially disrupts the
Lessee from using all or a substantial part of the premises, or(ii) causes or substantially threatens to cause injury to
persons or damage to property or raises a substantial danger to the health or safety of any persons on or using the
premises. Notice under this paragraph may be by the means allowed in the Notice paragraph,but in addition includes
actual notice/awareness that Lessor or Lessee has of a condition independent of any such notice.
SELF HELP
21. If the party obligated to effect the cure does not cure within the time required by this Lease, the
other party may cure all or part of the default after providing notice to the party obligated to effect the cure of its intent
to perform such cure,and, if applicable,recover the costs incurred in curing the default. If the nonbreaching party is
the Lessee, the Lessee may deduct all reasonable costs incurred from rent or other charges owed to Lessor. If the
nonbreaching party is the Lessor,Lessor will submit properly executed vouchers and proof of payment to Lessee and
Lessee shall remit payment to Lessor within thirty(30)days or as soon as is practicable. A party's costs incurred to
cure include, but are not limited to, all reasonable out-of-pocket expenses, payment of unpaid utility or services
charges for which the other party is responsible,and all administrative costs the non-breaching party reasonably incurs
and documents in performing or arranging for performance of the cure.
The nonbreaching party is under no obligation to cure some or all of the default of the breaching party. To the extent
that the nonbreaching party does not cure the default, the nonbreaching party may pursue its legal and contractual
remedies against the breaching party. The nonbreaching party's failure to cure the breaching party's default does not
waive the nonbreaching party's rights to relief. Nothing herein removes or lessens either party's obligation to mitigate
damages.
If the Lessee elects to cure using self-help in part or whole,the Lessor shall defend,save,and hold harmless the Lessee,
its authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever
arising out of or in connection with such cure,except where RCW 4.24.115 is applicable and injuries and/or damages
are caused by the sole negligence of the Lessee,its agents,or employees. If RCW 4.24.115 is applicable and liability
for damages arises out of bodily injury to persons or damages to property and is caused by or results from the
concurrent negligence of the Lessee,its agents,or employees,Lessor's liability,including the duty and cost to defend,
hereunder shall apply only to the extent of the negligence of Lessor,its agents,or employees.
DEFAULT LEADING TO TERMINATION
22. If either party fails to initiate and complete cure of a condition requiring cure within a reasonable
time after receiving notice of such condition,the nonbreaching party may initiate a default leading to termination of
the Lease by providing written notice to the breaching party of the continuing breach. If the breaching party does not
complete the cure of the breach within 60 days after receiving such written notice initiating default leading to
termination,the nonbreaching party may at such time,or at a later date if the cure has still not been completed,declare
a termination by default by so notifying the breaching party. Cure of a condition after a valid notice of termination
by default is provided,but before termination,shall void a valid notice of termination of the Lease.
If a termination by default is declared or a court so orders,the date of termination shall be determined based on the
earliest reasonable date that the Lessee may move and relocate from premises or as agreed by the parties. The
determination shall be made in light of available funding for the move,the date at which suitable replacement premises
can be fully available,and the time reasonably needed to plan and complete the move.
CONDEMNATION
23. If all the Premises or such portions of CenterPlace or the Property as may be
required for the reasonable use of the Premises, are taken by eminent domain, this Lease shall
automatically terminate as of the date Lessee is required to vacate the premises and all rentals shall
be paid to that date. In case of a taking of a part of the Premises, or a portion of CenterPlace not
Lease No. SRL 19-0093 August 20,2019 Page 10 of 12
required for the reasonable use of the Premises,at Lessee's determination,then the Lease shall continue in full force
and effect and the rental shall be equitably reduced based on the proportion by which the floor area of the Premises is
reduced, such rent reduction to be effective as of the date possession of such portion is delivered to the condemning
authority. Lessor reserves all rights to damages and awards in connection therewith,except Lessee shall have the right
to claim from the condemning authority the value of its leasehold interest and any relocation benefits, if allowed to
Lessee by law.
SURRENDER OF PREMISES;HOLDING OVER
24. Upon expiration of the term, Lessee shall surrender to Lessor the Premises and all Lessee
improvements and alterations in good condition,except for ordinary wear and tear and alterations Lessee has the right
or is obligated to remove under the provisions of Section 12 herein. Lessee shall remove any personal property
including,without limitation,all decorative improvements or fixtures and shall perform all restoration made necessary
by the removal of any alteration or Lessee's personal property before the expiration of the term,including for example,
restoring all wall surfaces to their condition prior to the commencement of this Lease. Lessor can elect to retain or
dispose of in any manner Lessee's personal property not removed from the Premises by Lessee prior to the expiration
of the term. Lessee waives all claims against Lessor for any damage to Lessee resulting from Lessor's retention or
disposition of Lessee's personal property. Lessee shall be liable to Lessor for Lessor's cost for storage,removal or
disposal of Lessee's personal property.
If Lessee remains in possession of the Premises after the expiration or termination of the Lease term,or any
extension thereof,such possession by Lessee shall be deemed to be a month-to-month tenancy,terminable as provided
by law. During such month-to-month tenancy, Lessee shall pay all rent provided in this Lease or such other rent as
the parties mutually agree in writing and all provisions of this Lease shall apply to the month-to-month tenancy,except
those pertaining to term and option to extend.
SUBORDINATION
25. So long as Lessor has fully performed under the terms of this Lease,Lessee agrees to execute,within
ten(10)days of written request by Lessor,the state's standard Tenant Estoppel and Subordination Agreements which
have been approved as to form by the Office of the Attorney General. A$400.00 processing fee will be assessed for
processing these documents.
CAPTIONS
26. The captions and paragraph headings hereof are inserted for convenience purposes only and shall
not be deemed to limit or expand the meaning of any paragraph
INTEGRATED DOCUMENT
27. This Lease and the exhibits hereto constitute the entire agreement between the parties with respect
to the lease of Premises and supersedes all prior and contemporaneous agreements and understandings between the
parties hereto relating to the subject matter hereof.
NOTICES
28. Wherever in this Lease written notices are to be given or made,they will be sent by certified mail
to the address listed below unless a different address shall be designated in writing and delivered to the other party.
LESSOR: City of Spokane Valley ���
1023 0 1-P0-7-East Sprague Avenue
Spokane Valley, Washington 9920614.
l _
Lease No. SRL 19-0093 August 20,2019 Page 11 of 12
LESSEE. Department of Enterprise Services SRL19-0093
Real Estate Services
1500 Jefferson Street S.E.,2nd Floor
Post Office Box 41468
Olympia,Washington 98504-1468
IN WITNESS WHEREOF,the parties subscribe their names.
City of Spokane Valley STATE OF WASHINGTON
ACommunity Colleges of Spokane,District 17
By: ��
MctrK
C4huc\
Ac ' g through the Department
Printed Name: of terpris ervices
Title: C4y
y/2.1
S Wallace,Assistant Director
Date: "G19448e--- Real Estate Servic s
Date: t ` 1 1
RECOMMENDED FOR APPROVAL:
c).159 .41W COMO
Bria erry, Pr• i • cquisition Specialist
Real Estate Service
Date: 10 Ci34) (7)1CD1
APPROVED AS TO FORM:
By: ef4.44/
Assistant Attome General
Date: lO B
•
L4tl
1
Lease No. SRL 19-0093 August 20,2019 Page 12 of 12
STATE OF
/1 )ss.
County of I /., I > )
On this day of ,r. , . / it ,A D.,20 , bee me personally
appeared a., "r(111.1.-s-‘ to me known to be the
of the corporation that executed the within and foregoing instrument and acknowledged th said instrumen, to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on o stated that
/74. was authorized to execute said instrument and that the seal affixed thereto is the corporate seal of said
corporation.
In Witness Whereof I have hereunto set my hand and affi d my official seal the day and year first above
written. \\‘‘\\\\111 i i I ' n
/4 idi:t-j7K4 /1/ /30,1.;.' .4‘
Notary Public inand or t e tate of pliingto
Residing at u 4,7
5" 94683 % My commission expires , 9 -4
.,�� .o(la °G = Z
fill
STATE OF WASHINGTON )
)ss.
County of Thurston )
I, the undersigned, a Notary Public, do hereby certify that on this ig4f,day of ,
201° ,personally appeared before me SETH WALLACE,Assistant Director, Real Estate Services,Department
of Enterprise Services,State of Washington,to me known to be the individual described in and who executed the within
instrument, and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the
Department,for the purposes and uses therein mentioned,and on oath stated that he was duly authorized to execute said
document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above
written.
Val"'
R L ATWOOD ( Notary Public in and for the State f Washington,
Notary Public \ ( Residing at ,(/( d1k„) C�
State of Washington My commission expires 11 /a-D---
Commission # 123195 P
My Comm. Expires Nov 24, 2022 fiy
l _ _
St2L 1°I -
Exhibit
Please Initial
_--
Exhibit"A"
Legal Description
THAT PORTION OF THE EAST HALF OF SECTION 10,TOWNSHIP 25 NORTH,RANGE 44 EAST,W.M,IN SPOKANE
COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 10;THENCE NORTH 89°56'11"WEST,ALONG
THE CENTERLINE OF SAID SECTION 10, 1013.95 FEET TO THE WESTERLY RIGHT OF WAY LINE OF MIRABEAU
PARKWAY THE POINT OF BEGINNING OF THIS DESCRIPTION;SAID POINT OF BEGINNING BEING ON A CURVE
TO THE RIGHT THE RADIUS OF WHICH BEARS NORTH 69°10'22"WEST,A DISTANCE OF 673 00 FEET;THENCE
ALONG SAID WESTERLY RIGHT OF WAY LINE AND CURVE TO THE LEFT,THROUGH A CENTRAL ANGLE OF
21°06'30",AN ARC DISTANCE OF 247.94 FEET TO A POINT OF TANGENCY;THENCE SOUTH 41°56'08°WEST,
ALONG SAID WESTERLY RIGHT OF WAY LINE,3.18 FEET;THENCE NORTH 89°56'11"WEST,519 45 FEET,TO THE
EASTERLY RIGHT OF WAY LINE OF DISCOVERY PLACE;THENCE ALONG THE EASTERLY AND NORTHERLY
RIGHT OF WAY LINE OF DISCOVERY PLACE THE FOLLOWING 5 COURSES; 1)NORTH 00°11'33"EAST,323.56
FEET,TO THE BEGINNING OF A CURVE TO THE RIGHT THE RADIUS OF WHICH BEARS SOUTH 89°48'27"EAST,
A DISTANCE OF 673 00 FEET;2)ALONG SAID CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF
27°5T08"AN ARC DISTANCE OF 327.35 TO THE BEGINNING OF A CURVE TO THE RIGHT THE RADIUS OF WHICH
BEARS SOUTH 61'5619"EAST,A DISTANCE OF 37 50 FEET;3)ALONG SAID CURVE TO THE RIGHT,THROUGH A
CENTRAL ANGLE OF 24°28'17",AN ARC DISTANCE OF 16.02 FEET TO A POINT OF TANGENCY;4)NORTH
52°31'58"EAST,75.56 FEET,TO THE BEGINNING OF A CURVE TO THE LEFT THE RADIUS OF WHICH BEARS
NORTH 37°28'02"WEST,A DISTANCE OF 62 50 FEET,5)ALONG SAID CURVE TO THE LEFT,THROUGH A
CENTRAL OF 201°29'42",AN ARC DISTANCE OF 219.80 FEET TO THE EASTERLY LINE OF THE YMCA PROPERTY;
THENCE NORTH 25°22'25"WEST,ALONG SAID EASTERLY LINE,249 28 FEET TO THE NORTHEAST CORNER OF
THE YMCA PROPERTY;THENCE NORTH 89°56'11" WEST,ALONG THE NORTH LINE OF THE YMCA PROPERTY,
740.00 FEET TO THE EAST LINE OF THE WEST 200.00 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 10;
THENCE NORTH 00°06'27"EAST,ALONG SAID EAST LINE 1560 16 FEET TO'THE SOUTH LINE OF THE NORTH
300 00 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 10;THENCE SOUTH 89°27'33"EAST,ALONG SAID
SOUTH LINE,693.58 FEET TO THE WESTERLY RIGHT OF WAY LINE OF MIRABEAU PARKWAY;THENCE ALONG
THE WESTERLY RIGHT OF WAY LINE OF MIRABBAU PARKWAY THE FOLLOWING 8 COURSES 1)ALONG A
CURVE TO THE RIGHT THE RADIUS OF WHICH BEARS SOUTH 56°'54'22"WEST,A CURVE DISTANCE OF 673 00
FEET,THROUGH A CENTRAL ANGLE OF 17°12'18",AN ARC DISTANCE OF 202.09 FEET TO A POINT OF
TANGENCY;2)SOUTH 15°53'21"EAST,463.38 FEET,TO THE BEGINNING OF A CURVE TO THE LEFT THE RADIUS
OF WHICH BEARS NORTH 74°06'39"EAST,A DISTANCE OF 727.00 FEET,3)ALONG SAID CURVE TO THE LEFT,
THROUGH A CENTRAL ANGLE OF 08°09'11",AN ARC DISTANCE OF 103.45 FEET TO A POINT OF TANGENCY;4)
SOUTH 24002'32"EAST,255 31 FEET,TO THE BEGINNING OF A CURVE TO THE RIGHT THE RADIUS OF WHICH
ANGLE BEARS SOUTH 65°57'28"WEST,A DISTANCE OE 673.00 FEET;5)ALONG SAID CURVE TO THE RIGHT,
THROUGH A CENTRAL ANGLE OF 20°29'03",AN ARC DISTANCE OF 240 61 FEET TO THE BEGINNING OF A
CURVE TO THE LEFT THE RADIUS OF WHICH BEARS NORTH 86°2631"EAST,A DISTANCE OF 727 00 FEET;6)
ALONG SAID CURVE TO THE LEFT,THROUGH A CENTRAL ANGLE OF 38°36'08",AN ARC DISTANCE OF 489.81
FEET TO A POINT OF TANGENCY;7)SOUTH 42°09'36"EAST,26.61 FEET TO THE BEGINNING OF A CURVE TO
THE RIGHT THE RADIUS OF WHICH BEARS SOUTH 47°50'24"WEST,A DISTANCE OF 673.00 FEET,8)ALONG
SAID CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 62°59'14",.AN ARC DISTANCE OF 739.85 FEET TO
THE POINT OF BEGINNING OF THIS DESCRIPTION;
EXCEPT THAT PORTION CONVEYED TO SPOKANE COUNTY FOR DISCOVERY PLACE,ROAD FILE NO.2666,BY
DEED,UNDER AUDITOR'S FILE NO.447291.
•
Exhibit
Please Initial
Exhibit"B"
Site Plan
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Exhibit C
Please Initial
Exhibit"C"
Janitor Services
DAILY:
• General cleaning 5-7 days a week after 5pm or after the last group/event leaves the building
• Vacuum all carpet areas nightly(spot clean when necessary)
• Doors,main entry doors and windows will be cleaned daily
• Empty waste cans&recycle bins(clean when necessary)
• Wipe down all surfaces within normal reach will be dusted and kept
clean daily including counters,tables and sink areas
• Sweep outside entrances,stairs and walkways
• Clean windows as needed
• All walls will be spot cleaned as necessary,so long as the removal of forger marks, etc., does not
spoil the general appearance of the walls.
• Walls switch cover plates clean when needed
• Elevator doors will be cleaned and polished daily
WEEKLY:
• Clean and Dust as required(workstations surfaces,file cabinets,table
tops,partition edges,walls,ceiling,ledges,baseboards,rails,
stairways,banister,display cases,bookcases and corners)
• Dust blinds as necessary
• Carpets cleaned including corners weekly
• Chair mats cleaned weekly
• Waste containers will be cleaned and disinfected daily
• All woodwork shall be cleaned and dusted weekly
QUARTERLY(January,April,July,October):
• Clean all windows inside and out
• Door hardware will be polished quarterly
• Remove light fixtures covers(where applicable)and thoroughly clean
BI-ANNUAL(April,September):
• Shampoo all carpeted areas
• Dust and clean blinds(both sides); spot clean when necessary