2010/05/26 Council Agenda Packet

8 Lease No. SRL 10-0034 April 26, 2010 Page 5 of 12 General Administration. Performance of any of the rights authorized above shall be conducted in compliance 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 therefrom 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. REMODEL 12. The Lessor shall at Lessor's sole cost and expense on or before June 1 2010 complete in a good and workmanlike manner alterations as noted on the attached plan #258-11-09 (Exhibit "Al,approved by the Design Manager on January 26 2010 also with attached specifications approved by the Design Manager on January 26 2010 initialed by both parties hereto and incorporated herein by reference. Lessor shall be reimbursed $26,246.81, which includes Washington. State sales tax upon satisfactory completion of the above mentioned alterations as verified by the Design Manager. Lessee shall make such payment in cash or state warrant upon receipt of Authority to Pay from the Design Manager. 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 be reimbursed for any unearned rent that has been paid. In the event said premises are partially destroyed by any of the aforesaid means, the rent herein agreed to 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 instalhi ent(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 gxpressly provided by this Lease Lessor shall not be liable to Lessee for any damnes including but not limited to consequential damages for any 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 f or earthquake. 52