2003/11/19 Council Agenda Packet

5 • CONFERENCE CENTER BUILDING LEASE This Lease is made this day of 2003, between the City of Everett, a municipal corporation under the laws of the State of Washington, hereinafter referred to as the "Lessor", and the Everett Area Chamber of Commerce, hereinafter referred to as "Lessee". WITNESS 1. PREMISES. The Lessor does hereby lease to Lessee, and Lessee does hereby lease from Lessor, those certain premises located within a building commonly known as the Conference Center located on the 2nd floor at 2000 Hewitt Avenue, Everett, Washington legally described as: A portion of Block 687, Plat of Everett, according to the plat thereof recorded in Volume 3 of Plats, page 32,records of Snohomish County, Washington. • together with rights of ingress and egress over common areas incorporated herein by this reference, which space is approximately 2000 leaseable square feet in size and is referred to herein as the "Premises". Lessor cannot assign Lessee different space within the Conference Center without Lessee's prior written approval. 2. TERM. The term of this Lease shall be for four (4) years and, provided there has been full compliance with Section 3 of this Lease, shall commence on the later of the following dates ("the commencement date"): (i) November 1, 2003; or (ii) the date which is 15 days after the date the Lessor gives the Lessee notice that the Premises is ready for occupancy. 3. TENANT IMPROVEMENTS. Lessee is obligated to pay Lessor Fifty Thousand Dollars ($50,000) for the tenant improvements to the Premises as identified in the Lessor's bid package and contract with PCL. This obligation shall be fulfilled by the Lessee providing Lessor, on or before the date that the lease in executed by the City: (a) a written receipt evidencing payment in-full to Botesch, Nash and Hall for the design services for said tenant improvements; and (b) payment to the Lessor in the amount which is determined by subtracting the amount paid to Botesch, Nash and Hall by Lessee for the tenant improvement design services from Fifty Thousand Dollars ($50,000). The amount paid by Lessee to Botesch, Nash and Hall for the tenant improvement design services plus the amount paid to the Lessor shall equal Fifty Thousand Dollars ($50,000). 4. ACKNOWLEDGMENT. The Lessee acknowledges that the Premises is in a facility interconnected and operated by the Everett Public Facilities District (referred to • herein as "EPFD"). Lessee agrees to cooperate with the EPFD in its use of the Premises and not use the Premises in any manner detrimental to the operation of the facility. 31