2010/05/26 Council Agenda Packet

FIXTURES ,shall have the 12. The Lessee, right during the existence of this Lease with tach fixtures'and erect additions, strctures or signs, inlor upon the unreasonably withheld), to make alterations, premises hereby leased.additions, .Performance of any of the rights authorized above shall be conducted in DepaAnjent-ef General Admincompliance with all applicable governmental regulations, building codes, including obtaining any necessary permits. Any fixtures, additions, or structures so placed in or upon or attached to the premises shall be and remain the property of the Lessee and may be removed there from by the Lessee upon the termination of this Lease. Any damage caused by the removal of any of the above items shall be repaired by the Lessee. ALTERATIONS/IMPROVEMENTS 13. In the event the Lessee requires alterations/improvements during the term of this Lease, any renewals and/or modifications thereof, the Lessor shall have the right to provide such services. If required by state law, the Lessor shall pay prevailing rate of wage to all workers, laborers or mechanics employed to perform such work as well as comply with the rules and regulations of the Department of Labor & Industries. If the Lessee considers Lessor's proposed costs for alterations/ improvements excessive, Lessee shall have the right, but not the obligation, to request and receive at least two independent bids; and the Lessee shall have the right at its option to select one alternative contractor whom the Lessor shall allow to provide such services for the Lessee in compliance with the Lessor's building standards and operation procedures. PREVAILING WAGE 14. Lessor agrees to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this Lease when required by state law to do so, and to comply with the provisions of Chapter 39.12 RCW, as amended, and the rules and regulations of the Department of Labor and Industries and the schedule of prevailing wage rates for the locality or localities where this Lease will be performed as determined by the Industrial Statistician of the Department of Labor and Industries, are by reference made a part of this Lease as though fully set forth herein. DISASTER 15. In the event the leased premises are destroyed or injured by fire, earthquake or other casualty so as to render the premises unfit for occupancy, and the Lessor(s) neglects and/or refuses to restore said premises to their former condition, then the Lessee may terminate this Lease and shall for ransy the rent unearned r enn agreed to at has been paid. In the event said premises are partially destroyed by any of the aforesaid be paid shall be abated from the time of occurrence of such destruction or injury until the premises are again restored to their former condition, and any rent paid by the Lessee during the period of abatement shall be credited upon the next installment(s) of rent to be paid. It is understood that the terms "abated" and "abatement" mean a pro rata reduction of area unsuitable for occupancy due to casualty loss in relation to the total rented area. Except as otherwise expressly provided by this Lease. Lessor shall not be liable to Lessee for any damages, including, but not limited to consequential damages, for all events, actions, or inaction that are beyond Lessor's reasonable control, including but not limited to, interruption or loss of business due to acts of war or terrorism, strikes or labor unrest, weather, disaster, catastrophe, flood or earthquake. NO GUARANTEES 16. It is understood that no guarantees, express or implied, representations, promises or statements have been made by the Lessee unless endorsed herein in writing. And it is further understood that this Lease shall not be valid and binding, unless same has been approved by the CEO of Workforce Development Council Snohomish County or his or her designee. Any amendment or modification of this Lease must be in writing and signed by both parties. 39