2010/04/21 Council Agenda Packet

6 • greater quality than materials in Suite 3A. Lessee shall be responsible for controlled door access,telecommunications and data wiring, and installation of all personal property including cubicle furniture, shelving and wall mounted projection screen. Commencement of rent for Suite 4D and the 2 parking spaces provided in Amendment No. 2 (Government SLA#3)will occur upon acceptance of Suite 4D by the Lessee and this commencement date will be set forth by execution of a Supplemental Lease Agreement. Lessee shall not unreasonably refuse to accept Suite 4D after the work described in the preceding paragraph is completed. The acceptance process shall include the following: Lessor shall notify Lessee 5 days prior to the completion of tenant improvement work. Upon notification,the Government shall have 5 days to inspect and either accept or reject the space. Substantially completed space will be accepted by the Government subject to the Lessor completing any minor punchlist items. The monthly rent for all Premises(including Suite 3A and Suite 4D) during any subsequent lease extension will increase annually at the same rate described in Amendment No. 1. 3. Section 25. LEASE TAX. The leasehold interest of Lessee in the Premises is not subject to the Leasehold Excise Tax(Chapter 82.29A RCW), and therefore Section 25 of the Lease should not have been included in the Lease. Section 25 of the Lease is hereby deleted and is deemed to have never been part of the Lease. The parties also agree that the rental amounts contained in Section 3 of the Lease do not include Leasehold Excise Tax. All remaining provisions of the Lease shall remain the same and shall remain in full force and effect. IN WITNESS WHEREOF,THE PARTIES hereto have executed this Amendment No. 2 (Government SLA No. 3) the day and year first above written. LESSOR: CITY OF EVERETT RAY STEPANSON,MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Page 3 of 4 ®8e 38