13-160.00 Central Valley School DistrictReturn To: City of Spokane Valley
- - -- -- 11707 East Spraoue Avenue, Suite 106
Spokane Valley, Washington 99206
LEASE AGREEMENT BETWEEN CITY OF SPOKANE VALLEY AND CENTRAL
VALLEY SCHOOL DISTRICT REGARDING A PORTION OF CENTERPLACE REGIONAL
EVENT CENTER LOCATED AT 2426 NORTH DISCOVERY PLACE, SPOKANE VALLEY
This Lease Agreement is entered into by the City of Spokane Valley (referred to as "City" or
"Owner "), and Central Valley School District (referred to as "CVSD" or "Tenant "), and jointly referred to
hereinafter as the "Parties "; and
WHEREAS, the City is the owner of certain premises located at 2426 North Discovery Place,
Spokane Valley, Washington, 99216, commonly referred to as CenterPlace Regional Event Center
(referred to as "CenterPlace" or "Premises "); and
WHEREAS, CVSD wishes to lease classroom space at CenterPlace in pursuit of its educational
mission; and
WHEREAS, the City has space available at CenterPlace to lease to CVSD; and
WHEREAS, the Parties desire to enter into a lease agreement for the use of the Premises by
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NOW, THEREFORE, in consideration of the mutual promises set forth herein, the Parties do
hereby agree as follows:
1. PURPOSE. The purpose of this Lease Agreement is to set forth the Parties'
understanding regarding the terms and conditions under which CVSD may occupy a portion of the
Premises.
2. PREMISES. The tenninology "Premises" shall mean that parcel of property located and
any improvements thereon at 2426 North Discovery Place, Spokane Valley, Washington, 99216. The
legal description of the Premises is as follows:
Parcel number 45105.9096
Common Street Address: 2426 North Discovery Place, Spokane Valley, WA 99216.
Approximately 1,456 rentable square feet of classroom space, (room 212) in a building known as
CenterPlace, together with on -site code parking, which address is 2426 North Discovery Place, Spokane
Valley, WA 99216, located in real property legally described as follows: see Exhibit "A" attached hereto.
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Site Plan shown on Exhibit "B."
3. USE. The Premises shall be used by CVSD Monday through Friday during normal
business hours for the following purpose(s): classrooms, educational prograinming and community
education consistent with its mission of providing education for citizens in its geographic boundary.
Further, Tenant understands that CenterPlace is designed for use as a "regional center" encompassing
certain activities. In addition to the activities described above, Tenant will endeavor to make these
Premises available to the City of Spokane Valley, other users of CenterPlace and the third parties who
may wish to use CenterPlace for the following regional uses:
Conference Activities: Breakout and overflow activities and other components of CenterPlace;
activities by smaller groups sponsored by Tenant and other community organizations.
Cultural Activities: Performance 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 ").
Tenant agrees to use its best efforts to make these Premises available for Regional Uses approximately
20% of the time.
Tenant agrees, upon reasonable notice from City, to make available to City the schedules showing use of
the Premises. Under no circumstances shall Tenant's failure to achieve this goal be identified as an event
of default or any other form of breach of this Lease. Tenant shall retain any and all rental income paid
Tenant for use of the Premises by third parties for the uses above described in this paragraph. The
Premises shall be used for no other purpose.
Tenant acknowledges that neither City nor any agent of City has made any representation or warranty
with respect to the Premises or with respect to the suitability of the Premises or CenterPlace for the
conduct of Tenant's business, nor has City agreed to undertake any modification, alteration or
improvement to the Premises or CenterPlace, except as provided in writing in this Lease.
Tenant acknowledges that City may from time to time, at its sole discretion, make such modifications,
alterations, deletions or improvements to the Premises or CenterPlace at City's sole cost and expense as
City may deem necessary or desirable, without compensation or notice to Tenant, provided, however,
City will give Tenant at least 72 hours advance notice for any such modifications, alterations, deletions or
improvements in the Premises.
Tenant shall promptly comply with all laws, ordinances, orders and regulations affecting the Premises,
including, without limitation, any rules and regulations that may be attached to this Lease and any
reasonable rules and regulations as City may adopt from time to time. Tenant's compliance with the
requirements of this paragraph shall not negate any obligations of City stated in paragraph 7.
Tenant 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 City on its insurance related to the
CenterPlace, or which will in any way increase the premiums for fire or casualty insurance carried by
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other Tenants in CenterPlace. Tenant 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 Tenants in CenterPlace; or that
shall in any way interfere with the quiet enjoyment of such other Tenants. Tenant shall not use the
Premises, or any part thereof, for illegal purposes, nor under any circumstances permit gambling or illegal
uses upon the Premises; nor permit any act to be done which will make the Premises subject to abatement
by any governmental authority.
Tenant does not have the use of the Premises kitchen, kitchen equipment including water pitchers, coffee
carafes, etc. Tenant is not to bring in any outside food for the group. Tenant can brew coffee utilizing the
kitchenette in the Lounge providing that the Tenant provides all of their own equipment including coffee.
Tenant is responsible to supply all of materials, etc. needed for their use on the Premises. Use of Premise
supplies will result in additional charges. If the tenant wishes to have water, coffee, etc. provided by the
City, then there will be a separate charge for these items.
Tenant 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 Tenants. If sound
insulation is required to muffle noise produced by Tenant on the Premises, Tenant at its own cost shall
provide all necessary insulation. Tenant shall not do anything on the Premises which will overload any
existing parking or services 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.
Any wet lab installed by Tenant or for Tenant's benefit in the Premises must be in compliance with
occupancy requirements of the International Building Code adopted by City. Any plans for installation of
a wet lab or modifications of the same must be first approved in writing by City prior to commencement
of construction, which approval will not be unreasonably withheld. City shall also be provided by
Tenant, as part of said approval process, a copy of Tenant's hazardous materials management plan. City,
in connection with any approval and from time to time, on reasonable notice, may inspect the lab to
ensure compliance with the plan.
4. TERM. The term of this Lease of the premises, with its appurtenances, shall begin on
July 1, 2013 and end June 30, 2016.
5. RENTAL RATE. The Tenant shall pay rent to the City for the premises at the following
rate: $1,274.00 per month for the room. Additionally CVSD agrees to allow the City of Spokane Valley
to use district property, to be determined, for the purpose of programs and events that may require fields
and /or gymnasiums.
Calculated as follows: approximately 1,456 square feet at $10.50 per square foot.
Payment shall be made at the end of each month.
All rent shall be paid by Tenant to City monthly on the last day of every calendar month, at the address
shown in Section 26, or such other place as City 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
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maximum legal interest rate permitted by law. Any payments of any kind returned for insufficient funds
will be subject to additional handling charge of $25.00.
6. EXPENSES. During the term of this Lease, City 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, landscape and irrigation
water, and janitor service. Janitor service includes exterior and interior window washing, restroom
supplies and light bulb replacement, as set forth in Exhibit "C" which is attached hereto and incorporated
by reference.
7. MAINTENANCE AND REPAIR. The City 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 Tenant's clients, agents or employees. For the purposes of maintaining and repairing
the Premises, the City reserves the right at reasonable times to enter and inspect the Premises and to snake
any necessary repairs to the Premises and CenterPlace. City'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; 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.)
8. ASSIGNMENT /SUBLEASE. Tenant may not assign this Lease or sublet the Premises
without the prior written consent of the City. Tenant shall not pen-nit the use of the Premises by anyone
other than the Tenant, such assignee or subtenant, and the employees, agents and servants of the Tenant,
assignee, or subtenant.
9. RENEWAL /CANCELLATION. The Lease may, at the option of the Tenant, be
renegotiated for an additional five years ( "Extended Term "). If Tenant elects to renew, said renewal shall
be exercised by Tenant providing City written notice of its renewal no later than six months prior to the
end of the Tenn. If Tenant 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.
10. PAYMENT. Any and all payments provided for herein when made to the City by the
Tenant shall release the Tenant from any obligation therefore to any other party or assignee.
H. INSURANCE. Tenant shall procure and maintain for the duration of the Lease
Agreement, insurance against claims for injuries to persons or damage to Premises which may arise from
or in connection with Tenant's operation and use of the Premises.
Tenant's maintenance of insurance as required by the Lease Agreement shall not be construed to limit the
liability of the Tenant to the coverage provided by such insurance, or otherwise limit the City's recourse
to any remedy available at law or in equity.
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a) Minimum Scope of Insurance - Tenant shall obtain insurance of the types described
below:
1) Commercial General Liability insurance or endorsement providing equivalent
coverage and shall cover premises and contractual liability. The City shall be named as an insured on
Tenant's Commercial General Liability insurance policy using ISO Additional Insured - Managers or
Cities of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage.
2) Property insurance shall be written on an all risk basis.
3) Tenant shall maintain the following insurance limits:
i. Commercial General Liability insurance shall be written with limits no
less than $1,000,000 each occurrence, $2,000,000 general aggregate.
ii. Property insurance shall be written covering the full value of Tenant's
personal property and improvements with no coinsurance provisions.
b) Other Insurance Provisions - The insurance policies are to contain, or be endorsed to
contain, the following provisions for Commercial General Liability insurance:
1) The Tenant's insurance coverage shall be primary insurance with respect to the
City. Any insurance, self - insurance pool coverage maintained by the City shall be excess of the Tenant's
insurance and shall not contribute with it.
2) The Tenant's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City.
C) Acceptability of Insurers - Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII or with a risk pool.
d) Verification of Coverage - Tenant shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Tenant.
e) Waiver of Subrogation - Tenant and City hereby release and discharge each other from
all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or
in connection with the premises or said building. This release shall apply only to the extent that such
claim, loss or liability is covered by insurance.
f) City's Property Insurance - City shall purchase and maintain during the teen of the
lease all -risk property insurance covering the Building for their full replacement value without any
coinsurance provisions.
12. INDEMNIFICATION AND HOLD HARMLESS.
a) City shall indemnify and hold harmless Tenant and its officers, agents, and employees from all
claims, actions, suits, liability, loss, costs, expenses, and damages of any nature, by any reason of or
arising out of any negligent act or omission of the City, its officers agents, and employees relating to or
arising out of its obligations under the terms of this Lease Agreement. In the event that any suit based
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upon such claim, action, loss, or damages is brought against Tenant, City shall defend the same at its sole
cost and expense; provided that Tenant reserves the right to participate in said suit if any principle of
governmental or public law is involved; and if final judgment in said suit be rendered against Tenant, and
its offices, agents, and employees or jointly against Tenant and City and/or their respective officers,
agents and employees, City shall satisfy the same.
b) Tenant shall indemnify and hold harmless City and its officers, agents, and employees from all
claims, actions, suits, liability, loss, costs, expenses, and damages of any nature, by any reason of or
arising out of any negligent act or omission of the Tenant, its officers agents, and employees relating to or
arising out of its obligations under the terms of this Lease Agreement. In the event that any suit based
upon such claim, action, loss, or damages is brought against City, Tenant shall defend the same at its sole
cost and expense; provided that City reserves the right to participate in said suit if any principle of
governmental or public law is involved; and if final judgment in said suit be rendered against CITY, and
its offices, agents, and employees or jointly against Tenant and City and /or their respective officers,
agents and employees, Tenant shall satisfy the same.
c) The foregoing indemnity is specifically intended to constitute a waiver of each Party's
immunity under Washington's Industrial Insurance Act, RCW 51, respecting the other Party only, and
only to the extent necessary to provide the indemnified Party with a full and complete indemnity of
claims made by the indemnitor's employees. The Parties acknowledge that these provisions were
specifically negotiated and agreed upon by them.
13. COMPLIANCE WITH STATE /FEDERAL LAWS. City is responsible for complying
with all applicable provisions of state and federal law with respect to the Property.
14. FIXTURES; ALTERATIONS. Tenant shall have the right during the existence of this
Lease, subject to the written pennission of the City (such permission shall not be unreasonably withheld),
to make alterations, attach fixtures, and erect additions, or structures, in or upon the Premises. Such
alterations, fixtures, additions, and structures shall be authorized in writing by the City Parks and
Recreation Director. Performance of any of the rights authorized above shall be conducted in compliance
with all applicable governmental regulations (including public bidding requirements), 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 Tenant and may be removed therefrom by the Tenant upon the
termination of this Lease unless noted otherwise in City's permission. Any damage caused by the
removal of any of the above items shall be repaired by the Tenant.
15. DISASTER. In the event the leased Premises are destroyed or damaged by fire,
earthquake or other casualty so as to render the premises unfit for occupancy, and the City neglects and /or
refuses to restore said Premises to their former condition, then the Tenant may terminate this Lease and
shall be reimbursed for any unearned rent that has been paid. In the event said Premises are partially
destroyed or damaged 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 damage until the Premises are again restored to their
fonner condition, and any rent paid by the Tenant during the period of abatement shall be credited upon
the next install nent(s) of rent to be paid. It is understood that the terns "abated" and "abatement" mean a
pro rata reduction of area unsuitable for occupancy due to casualty loss in relation to the total rented area.
16. NO GUARANTEES. It is understood that no guarantees, express or implied,
representations, promises or statements have been made by the Tenant or City unless endorsed herein in
writing. Any amendment or modification of this Lease must be in writing and signed by both parties.
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17. REIMBURSEMENT FOR DAMAGE TO PREMISES; RELEASE. Tenant hereby
agrees to reimburse the City for damages caused by the negligence of its employees, clients and agents,
but in no event shall this paragraph be construed as diminishing the City's duty to make repairs as set
forth in preceding paragraphs of this Lease, or as making Tenant responsible for the repair of normal wear
and tear. As material consideration to City, Tenant agrees that neither City nor its agents, contractors or
employees shall be liable to Tenant for any damage to Tenant or Tenant's property from any cause, and
Tenant waives all claims against City and its agents, contractors and employees for damage to persons or
property arising for any reason, except for damage resulting from City's negligence or breach of its
express obligations under this Lease which City has not cured within a reasonable time after receipt of
written notice of such breach from Tenant.
18. HAZARDOUS SUBSTANCES. City warrants to its 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 City or Tenant 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, Tenant 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,
Tenant warrants it will not use, store, dispose of or otherwise deal with any hazardous substance on, under
or about the Premises. Tenant agrees to reimburse City for any loss, liability, cost, expense or fine
incurred by City because of the presence of any hazardous substance on, in, under or about the Premises
resulting from Tenant'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 Tenant or the detection of any such violation occurs
on the Premises during the term of this Lease, Tenant 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. Tenant shall
remain fully liable, and shall reimburse City 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 Tenant's use and /or
occupancy of the Premises during the term of this Lease.
a) Emissions. Tenant shall not:
1) Permit any vehicle owned by Tenant 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 City 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;
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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) Refuse Disposal. Tenant shall not keep any trash, garbage, waste or other refuse on
the Premises except in sanitary containers and shall regularly and frequently remove same from the
Premises. Tenant shall keep containers or other equipment used for storage or disposal of such materials
in a clean and sanitary condition.
2) Sewage Disposal. Tenant shall properly dispose of all sanitary sewage and shall not
use the sewage disposal system for the disposal of anything except sanitary sewage.
3) Disposal of Other Waste. Tenant 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, Tenant shall immediately report the same to City and supply City with all information and reports
with respect to the same.
d) Compliance with Law. Notwithstanding any other provision in this Lease to the contrary,
Tenant 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 City may have under this Lease or at law or
in equity, if Tenant breaches the provisions of Section 18, Tenant shall reimburse City 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 Tenant to City 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. Tenant's
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obligations under this Section 18 shall continue notwithstanding termination of this Lease for any reason
whatsoever.
19. CONDEMNATION. 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 Tenant 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 Tenant'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. City reserves all rights to damages and awards in connection
therewith, except Tenant shall have the right to claim from the condemning authority the value of its
leasehold interest and any relocation benefits, if allowed to Tenant by law.
20. SURRENDER OF PREMISES; HOLDING OVER. Upon expiration of the term,
Tenant shall surrender to City the Premises and all Tenant improvements and alterations in good
condition, except for ordinary wear and tear and alterations Tenant has the right or is obligated to remove
under the provisions of Section 14 herein. Tenant shall remove any personal property including, without
hinitation, all decorative improvements or fixtures and shall perform all restoration made necessary by the
removal of any alteration or Tenant'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. City can
elect to retain or dispose of in any manner Tenant's personal property not removed from the Premises by
Tenant prior to the expiration of the tern. Tenant waives all claims against City for any damage to
Tenant resulting from City's retention or disposition of Tenant's personal property. Tenant shall be liable
to City for City's cost for storage, removal or disposal of Tenant's personal property.
If Tenant remains in possession of the Premises after the expiration or termination of the Lease term, or
any extension thereof, such possession by Tenant shall be deemed to be a inonth -to -month tenancy,
terminable as provided by law. During such month -to -month tenancy, Tenant 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 tern and option to extend.
21. VENUE STIPULATION. This Lease Agreement has been and shall be construed as
having been made and delivered within the State of Washington and it is mutually understood and agreed
by each Party that this Lease Agreement shall be governed by the laws of the State of Washington both as
to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the
enforcement of this Lease Agreement, or any provision hereto, shall be instituted only in courts of competent
jurisdiction within Spokane County, Washington.
22. SEVERABILITY. The Parties agree that if any parts, terns or provisions of this Lease
Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be
affected and the rights and obligations of the Parties shall not be affected in regard to the remainder of the
Lease Agreement. If it should appear that any part, tern or provision of this Lease Agreement is in conflict
with any statutory provision of the State of Washington, then the part, tern or provision thereof that may be
in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this
Lease Agreement shall be deemed to modify to conform to such statutory provision.
23. RECORDS. All public records prepared, owned, used or retained by the City in
conjunction with this Lease Agreement shall be deemed City property and shall be made available to the
Tenant upon request, subject to the attorney client and attorney work product privileges set forth in statute,
court rule or case law.
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24. TIME OF ESSENCE FOR LEASE AGREEMENT. Time is of the essence for this
Lease Agreement, and in case either Party fails to perform the obligations on its part to be performed at
the time fixed for the performance of the respective obligation by the terms of this Lease Agreement, the
other Party may, at its election, hold the other Party liable for all costs and damages caused by such delay.
25. NO WAIVER. No officer, employee, or agent of the City or Tenant has the power,
right, or authority to waive any of the conditions or provisions of this Lease Agreement. No waiver of
any breach of this Lease Agreement shall be held to be a waiver of any other or subsequent breach. All
remedies afforded in this Lease Agreement at law shall be taken and construed as cumulative, that is, in
addition to every other remedy provided herein or by law. The failure of either Party to enforce, at any
time, any of the provisions of this Lease Agreement or to require, at any time, performance by the other
Party of any provisions shall not, in any way, affect the validity of this Lease Agreement or any part
hereof, or the right of either Party to hereafter enforce each and every such provision.
26. NOTICES. 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.
CITY: City of Spokane Valley
11707 East Sprague Avenue, #106
Spokane Valley, Washington 99206
TENANT: Central Valley School District #356
19307 E. Cataldo Avenue
Spokane Valley, Washington 99016
27. MISCELLANEOUS.
a) Personal Property Taxes. Tenant shall pay before delinquency all taxes, assessments, license
fees and public charges levied, assessed or imposed upon its business operations as well as upon all trade
fixtures, leasehold improvements, merchandise and other personal property in or about the Premises if
any.
b) Parking. Tenant parking shall comply with rules and regulations set forth by City, as may be
modified from time to time, including the right to designate certain areas for parking of the Tenant and its
employees, agents, students and others. City reserves the right to review and restrict parking to assure
parking for all users. Overnight parking is prohibited and any vehicle violating this or any other vehicle
regulation adopted by City is subject to removal at the owner's expense; provided, however, Tenant may
overnight park Tenant owned vehicles, operated by Tenants personnel, and used only in conjunction with
activities at Premises. This authorization is limited to a maximum of twelve (12) vehicles per night and
said vehicles shall park in spaces designated by City. Tenant shall regularly provide City a list of the
vehicles (with sufficient information about each one to be able to identify it by exterior observation) to be
overnight parked. Tenant further agrees City and its agents, contractors and employees shall not be liable
to Tenant for damage to persons or property arising out of Tenants overnight parking or Tenants vehicles
above described being in CenterPlace parking lots.
Page 10 of 14
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names.
City of Spokane Valley
STATE OF Washington
Cer
By:
Title
Dat(
ss.
County of Spokane ) (- (�
On this 10-tt\ day of 'c1W J /2 2013, before me personally appeared
,17 C Sjrcyl / to me known to be the `'l < / �I �� / «��'l -�of the governmental entity that
executed the within and foregoing instrument and acknowledged the said instrument to be the free and
voluntary act and deed of said 1 entity, for the uses and purposes therein mentioned, and on
oath stated that /�tQ� t� cute said instrument.
In Witness
first above written.
— 4o —
PUBLIC
STATE OF Washington STS
ss.
County of Spokane )
my hand and affixed my offs ial seal the day
10YAW7)(1w
Notary Public 'n ancJ'fo
Residing at I
My commissiod expires
On this �)'L) day of -'4 L 2013, before me personally appeared
cha'eSdo-a_ to me known to be the v/Cr ie�!j of the governmental entity that
executed the within and foregoing instrument and act wledged t9e said instrument to be the free and
voluntary act and deed of said governmental entity, for the uses and purposes therein mentioned, and on
oath stated that h! was authorized to execute said instrument.
In Witness Whereof I have hereunto set my hand and ed my official seal the day and year
first above written. /G �, _
11 1!/
BAllye
leve r 0S,
8- 29.'x= C9
//f.9'�,�OF�.W Psj\
1111 \ \
Page 11 of 14
Mary Public in nd fo the Sta e f �� hington
Residing at
My commission txpires -�
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 DOSTAMCE PF 673.00 FEET; THENCE ALONG SAID WESTERLY RIGHT OF WAY
LINE AND CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 21 006'30 ". 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 89056'11 " 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, 323.45 FEET, TO THE BEGINNING OF A CURVE TO THE RIGHT THE RADIUS OF WHICH BEARS
SOUTH 89048'27' 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 °56'19" 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 WHICI -1 BEARS NORTH 37 °28'02" WEST. A
DISTANCE OF 62.50 FEET; 5) ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL OF
201 029742 ". AN ARC DISTANCE OF 219.80 FEET TO THE EASTERLY LINE OF THE YMCA PROPERTY.,
THENCE NORTH 25 022'25" 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 MIRABEAU PARKWAY THE FOLLOWING 8 COURSES: 1) ALONG A CURVE
TO THE RIGHT THE RADIUS OF WHICH BEARS SOURTH 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; 46338 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 01= WHICH ANGLE BEARS SOUTH 65 °5728"
WEST, A DISTANCE OF 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 CURVET 0 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 °3608 AN ARC DISTANCE OF
489.81 FEET TO A POINT OF TANGENCY: 7) SOUTH 42 009'36" EAST, 26.61 FEET TO THE BEGINNING
OF A CURVE 1'0 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.
Page 12 of 14
Exhibit "B"
Site Plan
209 212
,
213
235
Page 13 of 14
Exhibit "C"
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 wall.
• 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
Page 14 of 14
aal lnsrn+ Aa t�
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OF COVERAGE (MOC) BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
............... .: ..:...:..::.::...::::::::::::::..:..::..:.:......::..... ............................... ,:.::::::::::::.............. -,..::: ......... .::::::....::::::::::::::::::::::::::::::::::::::.:,::::::::::::::: ::::::::...........::,,........
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED the MOC must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the MOC, certain coverage may
Central Valley School District #356
19307 E. Cataldo
Spokane Valley, WA 99206
COVERAGES«::':
CRIME 1 PUBLIC EMPLOYEE DISHONESTY
SIAW /Munich Re
THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT,
TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE MOC DESCRIBED
HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MOC. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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Mfl _ _:::::; :...........
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............ . ...:.::::::.::....:::::::::::. .:..:.:.:::i ::::>:::::::;>::>::<:`>:<:::>::::>:<::: >::r:;:::::::.i::::i::;:: >::>::
.:.::::.. , .., :: f:::.:::<: >::?:: <:i:: >::a:>: <:::i::::i::::
>:::: <::: i::::>: :::>:::<::::......:....:`::::;: e <;" :
GENERAL LIABILITY
COMMERCIAL GENERALLIABILITY SIAW131434013, 09/01/2013
09/01/2014.
GENERAL AGGREGATE
$31- ,000,000
OCCURRENCE FORM
PRODUCT- COMP /OPAGG
$31,000,000_
PERSONAL & ADV. INJURY
$25,000,000
EACH OCCURRENCE ,:
(LIABILITY IS SUBJECT TO A 100,000SIR PAYABLE FROM PROGRAM FUNDS)
ANNUAL PROGRAM AGGEGATE ..
$150,000,000
AUTOMOBILE LIABI LITY
ANY AUTO SIAW131434013 09/01/2013
09/01/2014
COMBINED SINGLE LIMIT
$25,000,000
LIABILITY IS SUBJECT TO A 100,000 SIR PAYABLE FROM PROGRAM FUNDS
ANNUAL PROGRAM AGGREGATE
NONE
PROPERTY ..
-
SIAW131434013 09/01 /2013
09/01/2014
ALL RISK PER OCC EXCL EQ & FL
$150,000,000
VARIOUS
EARTHQUAKE PER OCC
$25,000,000
FLOOD PER OCC (Except FZ ABV, which is $1MM)
$25,000,000
(PROPERTY IS SUBJECT TO A 250,000 SIR PAYABLE FROM PROGRAM FUNDS)
ANNUAL PROGRAM AGGREGATE
NONE
CRIME/PUBLIC :EMPLOYEE DISHONESTY
(CRIME SUBJECT TO A$250,000 PROGRAM SIR) SIAW131434013 09/01/2013
09/01/2014
PER LOSS
$1000000
DESCRIPTION OF OPERATIORS / LOCATIONS:! VEHICLES I- SPECIAL _ITEMS -
Lease classroom space at CenterPlace. The City of Spokane Valley is named as Additional Insured; subject to coverage terms,
conditions and exclusions. Additional Insured endorsement is attached.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED COVERAGE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE PROVISIONS OF
THE MOC.
City of Spokane Valley
11707 East Sprague Ave., Suite 106
Spokane Valley, WA 99206
2762020
ADDITIONAL INSURED ENDORSEMENT
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE
FOLLOWING:
GENERAL LIABILITY COVERAGE PART
How Coverage is Changed
It is agreed that the interest of any Additional Insured is recognized as their
interests may appear, providing the certificate of insurance that this is
attached to has been issued and is on file with the Company.
Other terms:
All other terms of your Memorandum of Coverage remain the same.
t.1 < :glI <::>::;::<:<:»`:::5i51tio. :s» : s.:; > :; 1 . .g:: > :g ::><:» ::::>:> >::::>:::;::»
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...................................
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.-THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OF COVERAGE(MOC) BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
'ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT If the certificate holder is an ADDITIONAL INSURED the MOO must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the MOC,certain coverage may
require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such GEendorsement(s).
PRODUCER
CANFIELD GENERAL LIABILITY
SIAW/Munich Re
451 Diamond Drive SIAW/Torus Specialty Insurance Company
Ephrata,WA 98823 AUTOMOBILE LIABILITY
Phone: 509-754-2027 Fax: 509-754-3406 SIAW/Munich Re
SIAW/Torus Specialty Insurance Company
..... .
' PROPERTY
SIAW/Munich Re et al.
Central Valley School District#356
19307 E. Cataldo CRIME I PUBLIC EMPLOYEE DISHONESTY
Spokane Valley, WA 99206
SIAW/Munich Re
COVERAGE
THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED,NOT WITHSTANDING ANY REQUIREMENT,
TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE MOC DESCRIBED
HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH MOC.LIMITS SHOWN MAY HAVE*. N R
REDUCED BYtPTPAID CLA:. IMS.
URANCE..
BEE.....;..CiESCJOid..:::.:.::::::::::::..:.:::::::::::::::._:::::::..:...:. _.._.
.f}ATE :
GENERAL L'IABILJT;Y
COMMERCIAL GENERAL LIABILITY • SIAW141534013 09/01/2014 09/01/2015 GENERAL AGGREGATE $31,000,000
OCCURRENCE FORM f r • "t - • ' . -' PRODUCT-COMP/OP.AGG
$31,000;000
" •, PERSONAL&ADV.INJURY $25,0,00,000
EACH OCCURRENCE $25,000,000
(LIABILITY IS SUBJECT TO A 100,000SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE $150,000,000
AUTOMOBILE LIABILITY
ANY AUTO SIAW141534013 09/01/2014 09/01/2015 COMBINED SINGLE LIMIT $25,000,000
(LIABILITY IS SUBJECT TO A 100,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE
:PROPERTY
SIAW141534013 09/01/2014 09/01/2015 ALL RISK PER OCC EXCL EQ&FL $150,000,000
VARIOUS EARTHQUAKE PER OCC $25,000,000
FLOOD PER OCC(Except FZ A&V,which is 51MM)$255,000,000
(PROPERTY IS SUBJECT TO A 250,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE
:CRIMEIPUBLIC EMPLOYEE DISHONESTY
(CRIME SUBJECT TO A$250000 PROGRAM SIR) SIAW141534013 09/01/2014 09/01/2015 PER LOSS $1,000,000
DESCRIPTION OF.OPERATIONS f LOCATlONSiVEHiCLES?::SPECIAL;JTEMS
......................................................:
Lease classroom space at CenterPlace on designated dates during the coverage term. The City of Spokane Valley is named as
Additional Insured regarding this contract only and is subject to coverage terms,conditions,and exclusions. Additional
Insured endorsement is attached.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED COVERAGE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WTH THE PROVISIONS OF
THE MOC.
City of Spokane Valley '
11707 East Sprague Ave., Suite '106
Spokane Valley, WA 99206 A/littiCtt. Ric2aZC---
2876509
e/C313-leo
ADDITIONAL INSURED ENDORSEMENT
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE
FOLLOWING:
GENERAL LIABILITY COVERAGE PART
How Coverage is Changed
It is agreed that the interest of any Additional Insured is recognized as their
interests may appear, providing the certificate of insurance that this is
attached to has been issued and is on file with the Company.
Other terms:
All other terms of your Memorandum of Coverage remain the same.