2010/05/26 Council Agenda Packet

Date: April 28, 2010 LEASE THIS LEASE is made and entered into between City of Everett, a municipal corporation whose address is 2930 Wetmore Avenue, Suite 10-A, Everett, Washington 98201, for its heirs, executors, administrators, successors, and assigns, hereinafter called the Lessor, and WORKFORCE DEVELOPMENT COUNCIL SNOHOMISH COUNTY, hereinafter called the Lessee. WHEREAS, the Lessor and Lessee deem it to be in the best public interest to enter into this Lease; NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, IT IS MUTUALLY AGREED AS FOLLOWS: LEASED PREMISES I. The Lessor hereby leases to the Lessee the following described premises: Tax Parcel Number: 4390744013008 Common Street Address: 3201 Smith Avenue, Everett, Washington 98201 Approximately 3,012 square feet of office space on the fourth floor of a four-story building, in the building commonly known as "Everett Station" (hereinafter referred to as the' Building") and as generally shown hachured on the attached 0 Floor Plan at Everett Station drawing. The legal description for the building is: That portion of Blocks 744 and 759 in the Everett Land Company's First Addition to the City of Everett. According to the plat thereof recorded in Volume 3 of Plats, Page 20, vacated 32"" Street and the east half of the northwest• quarter of Section 29, Township 29 North, Range 5 East W.M. in Snohomish County, Washington, described as follows: Beginning at the southwest corner of Lot 3, said Block 759: thence northwesterly along the northeasterly right -or - way line of Smith Avenue, according to the recorded plat thereof, in Volume 3 of Plats, Page 20, to the northwest comer of Lot 13, said Block 744; thence northeasterly along the northwest line of said Lot 13 and the northeasterly extension of said line to the point of intersection with a line drawn parallel with, and distant 40.0 feet southwesterly of Burlington Northern Railroad Company's Main Track centerline, as now located and constructed: extension of the southeasterly line of said Lot 3, Block 759; thence southwesterly along said southeasterly line to the point of beginning. USE 2. The premises shall be used by Lessee for the following purpose(s): office space. ("Permitted Use") and for no other purpose without the prior written consent of Lessor, which consent shall not be unreasonably withheld, Lessor's withholding of consent shall be deemed reasonable if Lessor determines that any proposed use is either (i) inconsistent with the maintenance and operation of the Building, or (ii) inconsistent with the conditions, covenants, restrictions and any reasonable Rules and Regulations to be established applicable to the Building. No act shall be done in or about the Premises that is unlawful. Lessee shall not commit any act that will increase the then existing rate of insurance (primary or excess) on the Building without Lessor's consent. Lessee shall promptly pay upon demand the amount of the increase in insurance caused by such act or acts done by Lessee. Lessee shall not commit 36