2007/02/07 Council Agenda Packet

Treasurer City of Everett 2930 Wetmore Everett, WA 98201 or such other place as the Lessor may from time to time designate in writing. All rent payments must be made without deduction or offset. Lessee shall not be subject to surcharges, attorney's fees, interest, penalties or similar fees arising from Lessee's default or otherwise. Lessor may .agree to provide additional improvements to the Premises whereupon Lessor shall be responsible for said construction and costs. Any improvements shall be made in accordance with American with Disabilities Act of 1990. Improvements shall be made only after approval from the Senate Sergeant at Arms and cost of said improvements may be recouped through appropriate increases in the monthly rent to offset the cost incurred by Lessor. Notwithstanding any other provision in this Lease or any amendment, modification or addition hereto, the maximum annual rate that may be paid to the Lessor for rental of the Premises, fees associated with physical modifications, capital improvements, operating costs, or any other fee, rent adjustment or otherwise, shall at no time exceed the highest rate per square foot charged Federal agencies on the first day of the lease of such office by the Administrator of General Services, based upon a 100 percent building quality rating, for office space located in the place in which the Lessee's office is located multiplied by the number of square feet contained in that office used by the Lessee and its employees to perform their duties. The Lessor shall provide for adequate parking for Lessee and staff in accordance with Lessee's needs to include one reserved parking space at the cost of Fifty-Five Dollars ($55) per stall. Neither the Lessee nor Lessee's staff shall be required to provide a security deposit or pay for any parking passes or other identification device for parking facilities. Cost of the parking is included in the monthly rent amount set forth in Section three above. 4. USE.--_The Lessee will use and occupy said.Premises for general office use.. Lessee agrees that -in the-operation -of the -business to be conducted on said Premises and in any occupancy._hereof.Lessee shall_comply_with the laws,.Holes.and.regulations.-af the.governments of the-United States,State of Washington, Snohomish County and City of Everett. Lessee agrees to.maintain_the_Premises-in good_condition_throughout the term ofthe-lease_Lessee agrees not to use any machinery or equipment in the Premises which might be injurious to the building or which might cause-noise-or vibration which would be objectionable to other tenants: Upon termination of the lease, Lessee shall quit and.surrender the Premises in as-good a_state and condition as reasonable use and wear and tear thereof permit, damage by the elements or other actions not caused by Lessee or its employees, agents,_cjstQmers or invitees.excepted. Lessor shall be responsible for any certificate of occupancy as required by state or local entities. - - - 5. HOLD HARMLESS CLAUSE. Lessee agrees to and does hereby indemnify and hold._Lessor.and.the.property.of.Lessor_free_and_harmless_fromand against any and.allclaims, actions, demands, suits, losses or liability resulting at any time from injury to or death of any person or persons, and/or damage to,any-and all property occurring from the negligence or other fault or omission of Lessee, or itsemployees actingwithin their scope of employment,..in._or about the leased site,-or resulting from any non-compliance with any law, ordinance or regulation respecting.the condition, use or occupation of the leased site or,any_partthereof, or arising or resulting-from the exercise by-Lessee of-any of-its-rights under the-terms of this Lease. The indemnification..by..Lessee.of Lessor- shall include__indein iification rom_ariy._actual_-damages. Said indemnification shall not include the obligation of Lessee to appear in and defend any and 2 1 2