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2025/09/24 Council Agenda Packet
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2025/09/24 Council Agenda Packet
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Council Agenda Packet
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9/24/2025
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5 <br />Repairs which are necessary due to Tenant’s negligence or breach of this Lease together with a <br />fee for overhead and administrative expenses equal to 10% of such costs. <br />10. LANDLORD-PROVIDED SERVICES. Landlord shall provide the Leased Premises <br />with services as described in Section 1 of this Lease. Landlord shall in no case be liable for <br />damages (including consequential damages) or in any way be responsible for the loss to Tenant <br />of such services arising from the failure of, diminution of or interruption of such services to the <br />Leased Premises, unless (a) such failure of, diminution of or interruption of any such service was <br />caused by the gross negligence or willful misconduct of Landlord, its agents or contractors, and <br />(b) any such claims are not covered by the business interruption insurance required to be <br />maintained by Tenant pursuant to this Lease, nor will such failure of, diminution of or <br />interruption be deemed an eviction of Tenant or release Tenant from any of Tenant's obligations <br />under this Lease. To the extent that Landlord bears any responsibility for the foregoing, <br />Landlord’s responsibility and Tenant’s remedy shall be limited to an abatement in Base Rent for <br />the period beginning with (i)the day which is five (5) consecutive days after the date on which <br />Tenant delivers notice to Landlord of such interruption, deprivation or reduction and of the fact <br />that Tenant is being deprived of all reasonable use of the Leased Premises and ending on (ii) the <br />date such interruption, deprivation or reduction which is Landlord’s responsibility is no longer <br />causing Tenant to be deprived of all reasonable use of the Leased Premises. <br />11. UTILITIES AND OTHER CHARGES. <br />(a) Utility Charges. With respect to services other than those described as <br />Landlord-provided in Section 1 of this Lease, Tenant shall be responsible for, and pay prior to <br />delinquency, all charges for utilities or services used or consumed on or supplied to the Leased <br />Premises, including the charges, if any, for installing meters. Meter locations and installation <br />methods shall be subject to Landlord's prior written consent, which may be withheld in its sole <br />discretion. <br />(b) Licenses and Taxes. Tenant shall pay when due all license fees, excise taxes, <br />business and occupation taxes and any other fees and taxes pertaining to the business conducted <br />on the Leased Premises and all personal property taxes levied with respect to all personal <br />property located at the Leased Premises. <br />(c) Leasehold Excise Tax. Tenant shall pay Landlord as Additional Rent, all <br />leasehold excise tax, as required by RCW 82.29A or any other Governmental Requirement, in lieu <br />of real property taxes, and any taxes levied or assessed in lieu of the foregoing, in whole or in <br />part (collectively, “Leasehold Excise Tax”). Leasehold excise tax is calculated by the State of <br />Washington using a percentage multiplier of either the rent required under this Lease or an <br />imputed fair market value, and as a result, Tenant shall be responsible for any increases in <br />leasehold excise tax that result from an increase in rent for the Leased Premises over the term of <br />the Lease, or for the increases due to an increase in the statutory rate during the term of this <br />Lease. If Tenant provides Landlord with a proof of exemption from payment of leasehold excise <br />tax issued by the Washington State Department of Revenue, then Tenant shall not be required <br />to pay leasehold excise tax for the period that such exemption is effective. If the exemption is of <br />limited duration, Tenant shall be required to obtain documented renewal of such exemption and <br />provide such to Landlord in order to claim continued exemption under this Lease. To the extent
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