6083375 Agreement, Lease: Community Colleges of Spokane 04/12/2012 09:15:21 AM 6083375
Recording Fee $76.00 Page 1 of 15
Lease DEPARTMENT, OF GEN ADMIN
Spokane County Washington
Department of Enterprise Services 1 1111111 111111111 11111 111 1111111 1111 11111 11111 1111111 111 11111 1111 1111
Real Estate Services
[i\J 1500 Jefferson Street S.E.
Post Office Box 41015
Olympia,Washington 98504-1015
Document Title: LEASE
Lessor: City of Spokane Valley
Lessee: Community Colleges of Spokane
Legal Description: That portion of the East half of Section 10, Township 25 North, Range 44 East, W.M.,
Spokane County,Washington
Assessor's Property Tax Parcel Account Number(s): 45105.9096
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AFTER RECORDING RETURN TO:
IN Department of Enterprise Services
Real Estate Services
P.O.Box 41015
Olympia,Washington 98504-1015
Lease No.SRL 12-0001 (Spokane Valley)RLW/ij
SR 279-09-11
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Page 1 of 14
Date:January 5,2012
LEASE
THIS LEASE is made and entered into between City of Spokane Valley, a municipal corporation whose
address is 11707 East Sprague Avenue,Spokane Valley, Washington 99206. for its heirs,executors,administrators,
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:
Tax Parcel Number:45105.9096
Common Street Address:2426 N.Discovery Place,Room 209, Spokane Valley,Washington 99215
Approximately 2,063 BOMA rentable square feet of classroom space.being approximately 1.269 square feet in
Room 205 and 794 square feet in Room 209(hereafter"Premises")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,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 go
program areas including, but not limited to: English as a Second Language ("ESL"): Adult Basic „f?8
Education;Workforce Training;and cultural and artistic seminars. 1
R.E.Excise Tax Exempt
Date Oa 20 ('
Spokane County Treas.
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Lease No.SRL 12-0001 January 5,2012 Page 2 of 14
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 0,9
governmental authority. A
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Lease No.SRL 12-0001 January 5,2012 Page 3 of 14
Lessee shall not use the Premises for sleeping or cooking or the preparation.manufacture,or mixing of anything that
might emit any objectionable odor,noise,vibration or lights onto other Lessees. If sound 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.
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.
2.1 Lessee shall allow Lessor to use Room 209.when not scheduled for Lessee classes,under
responsible Lessor supervision.
TERM
3. TO HAVE AND TO HOLD the premises with their appurtenances for the term beginning July 1,
2011 and ending June 30.2012.
RENTAL RATE
4. The Lessee shall pay rent to the Lessor for the premises at the following rate:
Room 205: Nine Hundred Fifty-one Dollars and Seventy-five Cents $ 951.75 per month
Room 209: Five Hundred Ninety-five Dollars and Fifty Cents $ 595.50 per month
Total Monthly Payment: One Thousand Five Hundred Forty-seven Dollars
and Twenty-five Cents $1,547.25 per month
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. Lessor will allow Lessee to store their furnishings in
Room 207 for use by Lessor as well.
Payment shall be made at the end of each month upon submission of properly executed vouchers.
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 24,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 oy
payments of rent or other sums due by money order or cashier's check. �`�p
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Lease No.SRL 12-0001 January 5,2012 Page 4 of 14
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 waters
and janitor service. Janitor service includes exterior and interior window washing,restroom supplies and light bulb
replacement and such other items as set forth in Exhibit"C" which is attached hereto and incorporated by reference.
Lessor shall also allow Lessee access to Lessor's network via wife or directly at no cost.
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 clients, agents or
employees. For the purposes of maintaining and repairing the Premises,the Lessor reserves the right at reasonable
times to enter and inspect the Premises and to make any necessary repairs to the Premises and CenterPlace. Lessor's
maintenance and repair obligations shall include, but not be limited to, the mechanical, electrical, interior lighting
(including replacement of ballasts, starters and Iluoreseent 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; inside and outside walls (including windows and entrance and exit doors);
all structural portions of CenterPlace (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.).
ASSIGNMENT/SUBLEASE
7. The Lessee may assign this Lease or sublet the premises with the prior written consent of the
Lessor,which consent shall not be unreasonably withheld. 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.
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.
COMPLIANCE WITH STATE/FEDERAL LAWS
10. Lessor is responsible for complying with all applicable provisions of the Americans With
Disabilities Act of 1990(42 U.S.C. 12101- 12213)and the Washington State Law Against Discrimination,Chapter
49.60 RCW,as well as the regulations adopted thereunder,with respect to the Leased Premises.
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Lease No.SRL 12-0001 January 5,2012 Page 5 of 14
FIXTURES;ALTERATIONS;SIGNAGE
I I. 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 any 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.
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 #ji
must be in writing and signed by both parties.
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Lease No.SRL 12-0001 January 5,2012 Page 6 of 14
ENERGY
16. The Lessor, or authorized representative, in accordance with RCW 43.19.685, has conducted a
walk-through survey of the leased premises with a representative of the Director of the Department of Enterprise
Services. Lessor will undertake technical assistance studies and/or subsequent acquisition and installation of energy
conservation measures identified as cost effective by the survey.
REIMBURSEMENT FOR DAMAGE TO PREMISES;RELEASE
17. 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.
HAZA RDO US SUBSTANCES
18. 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 Lessor or Lessee to any damages, penalty, or liability under an 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. :19601, 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 ��J')
improvements thereto or thereon including buildings,foundations,pipes,utility lines,
landscaping or parking areas;
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Lease No.SRL 12-0001 January 5,2012 Page 7 of 14
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) Transmit,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 18,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 19 shall continue
notwithstanding termination of this Lease for any reason whptsoever
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Lease No.SRL 12-0001 January 5,2012 Page 8 of 14
CONDEMNATION
19. 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 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
20. 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
21. So long as Lessor has fully performed under the terms of this Lease,Lessee agrees to execute,
within twenty(20)days of written request by Lessor,the state's standard Lessee Estoppel and Subordination
Agreements which have been approved as to form by the Office of the Attorney General
CANCELLATION/SUPERSESSION
22. This Lease cancels,supersedes.or replaces SRL 10-0068 dated June 7,2010,and all modifications
thereto effective July I,2011.
WITHHOLDING OF RENT PAYMENTS
23. If the Lessor fails to maintain, repair and/or improve the premises as set forth herein, the Lessee
may, if authorized by the Department of Enterprise Services,withhold ten percent(10%)of rent payments until such
time as Lessor completes deficient maintenance, repair and/or improvements. Upon receipt of
documentation of Lessor's noncompliance with maintenance,repair and/or improvement provisions
and a written request to withhold rent payments from the Lessee, the Department of Enterprise
Services shall provide Lessor with a list of deficient maintenance,repair and/or improvement items A ti V1»
and notify Lessor that Lessee has been authorized to withhold rent payment until deficient ""
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Lease No.SRL 12-0001 January 5,2012 Page 9 of 14
maintenance, repair and/or improvements have been completed. Lessee shall place all withheld rent payments in an
interest bearing account. Withheld rent payments plus accrued interest will be remitted to Lessor after the
Department of Enterprise Services verifies that Lessor has satisfactorily completed all maintenance, repair and/or
improvements and authorizes Lessee to remit the withheld rent. Nothing in this provision shall limit other remedies
which may be available to Lessee under this Lease.
MONTH TO MONTH TENANCY
24. 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.
NOTICES
27. 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
11707 East Sprague Avenue
Spokane Valley,Washington 99206
LESSEE: Department of Enterprise Services SRL 12-0001
Real Estate Services
210- 11th Avenue SW.,Room 230
Post Office Box 41015
Olympia,Washington 98504-1015
Lease No.SRL 12-0001 January 5,2012 Page 10 of 14
IN WITNESS WHEREOF,the parties subscribe their names.
City of Spokane Valley STATE OF WASHINGTON
�
f ,,e / Community Colleges of Spokane,District 17
By:
L��I�'�
Acting through the Department
Title: 6 f-hi 1-1,741/1 4 of Enterprise Services
Date: ,2.....1:9.F112.-.jam- .. -:
Ai Shenon L.Po ,Le ng Operations Manager
Real Estate Services
Date: .'
Z _ ' 1�
�R s D.IF9jP' 'OVAL:
I/` f
'on Wall, •roperty and Acquisition Specialist
Real Estate Services
Date: 3"/1:)-12.
APPROVr TO FORM:
By: 4---42--'a-----'1._....-
Assistant At ey General
Date: )"3(02
STATE OF , d _ .
/ i )ss.
County of A .i,:.c:
On this ,_,__day of i, 1L/ f/� ,AD.,20 t, , before me personally
appeared f l�l l ti.e_ 31?c S'Cla o me known to be the
of the corporation that executed the within and foregoing instrument and acknowledg d the said instnt ent to be the free
an voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that
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 affixed my official seal the day and year first above
written. '
NE M lb_ II tail tury Public i .nd fp the State a '�', hin•to ,
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Lease No.SRL 12-0001 January 5,2012 Page 11 of 14
STATE OF WASHINGTON )
)ss.
County of Thurston )
I, the undersigned, a Notary Public, do hereby certify that on this day of MO lQ id\
20 1 a. ,personally appeared before me SHENON L.PORTER,Leasing Operations Manager, 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.
ATWOOD
�� ` '\ 'L�
NOTARY PUBLIC ► Notary Public in and for the S to of W shington,
t > Residing at 1 Jll i'��)l ,Al
STATE OF WASHINGTON ,
4 COMMISSION EXPIRES My commission expires j( '/y
>
NOVEMBER 24, 2014
•
Lease No.SRL 12-0001 January 5,2012 Page 12 of 14
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°4877"EAST,A
DISTANCE OF 673.00 FEET;2)ALONG SAID CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 27°52'08"
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: I)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 24°02'32"EAST,255.31 FEET,TO THE BEGINNING OF A CURVE TO THE RIGHT THE RADIUS OF WHICH
ANGLE BEARS SOUTH 65°5728"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°26'31"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.
l)1'
•
Lease No.SRL 12-0001 January 5,2012 Page 13 of 14
Exhibit"B"
Site Plan
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Lease No.SRL 12-0001 January 5,2012 Page 14 of 14
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 finger 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