HomeMy WebLinkAbout4614 Contract Number 4614
Vendor MENTOR COMPANY (dba of ESTATE OF JOSEPH E MENTOR)
Sub�ect Parking Lot - 831 Pacific Avenue
Department Econ Devel
File Class LEG 12-1
Begin Date 2/22/2007
End Date 8/31/2010
Review Date
Vault Date 9/1/2012
Comments Municipal Court vacated property at 900 Pacific Avenue
on 8/31/10
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July 30, 2010
Mentor Company
9481 Silverdale Way #210
Sdverdale, WA 98383
To Whom it May Concem
Per our previous conversations, the Bremerton Municipai Court has purchased a
permanent property for the court at 550 Park Ave Bremerton, WA 98337 As of
thls date we have received not�fication that, bamng no ma�or catastrophes, we
w�ll obtain an occupancy perm�t on August 27, 2010
Please take this letter as formal notification that the Bremerton Municipal Court
intends to vacate the property located at 900 Pac�ic Ave, Bremerton, WA 98337
by August 31, 2010 and will no longer have need for the parking spaces you
have provided !f you have any questions or concerns, please feel free to contact
,
me at 360-473-5242
Respectfully,
Theresa Ewing
Court Adm�nistrator
Bremerton Murncipal Court
cc Judge James Docter
Mayor Patti Lent
City Attorneys Office
Contrast Number:
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4614
MENTOR COMPANY (dba of ESTATE OF JOSEPH E MENTOR)
Parking Lot - 831 Pacific Avenue
PW Admin
LEG 16-3
02/10/2007
12/31/2009
11/01/2009
Month-to-month - Termination w/30 days written notice
End & Review dates reflect Municipal Court lease term
at 900 Pacific Avenue
);"
LEASE
1. PARTIES. This Lease is entered into thisolcimday of ~b(,^<.t(~, 2007, by and
between THE CITY OF BREMERTON, a Washington municipal corporation (" enant"), and the
ESTATE OF JOSEPH E. MENTOR, dba MENTOR COMPANY ("Landlord").
2. PREMISES. In consideration of the terms and conditions hereinafter set forth,
Landlord hereby leases to Tenant and Tenant hereby leases from Landlord upon the terms and
conditions herein set forth the property commonly know as 831 Pacific Avenue, Bremerton,Kitsap
County, Washington, tax parcel number 132401-3-142-2005 ("Premises"), which is legally described
in Exhibit A attached hereto and incorporated herein by this reference.
3. LEASE TERM. This Lease shall commence on February 10, 2007 and shall
continue on a month-to-month basis until terminated. Either party may terminate this lease at any
time by providing at least thirty (30) days prior written notice to the other party. In the event Tenant
occupies the Premises prior to the commencement ofthe telm, such occupancy shall be subject to all
of the provisions of this Lease.
4. CONSIDERATION. During the term of this Lease, Tenant agrees to pay to
Landlord, without deduction, offset, notice or demand, the sum of Five Hundred Dollars and no cents
($500.00) per month ("Lease Payment") on or before the first day of the each calendar month of the
lease term to Landlord or to such other party or at such place as Landlord hereafter designates.
5. LATE PAYMENT & PAST DUE AMOUNTS. If Tenant fails to pay any monthly
installment of rent by the 10th day ofthe month such installment is due, a late charge equal to 10% of
the monthly Lease Payment (or the maximum rate allowed by law) or $50, whichever is greater, shall
be assessed as liquidated damages. The parties hereby agree that such late charges represent a fair
and reasonable estimate ofthe cost that Landlord will incur by reason of the late payment by Tenant.
In addition to such late charge, any past due balance shall bear interest from the due date until paid
at the rate of 12% per year (or the maximum rate allowed by law). Such late charges and/or interest
shall be paid by Tenant to Landlord without demand. Further, any payment made by a check
retumed for non-sufficient funds will be charged $50.aO. If Landlord receives more than 2 payments
from Tenant that are retumed for non-sufficient funds, Landlord has the option to require all future
payments be made by cash or cashier's check.
6. SECURITY DEPOSIT. Upon execution of this Lease, Tenant shall deposit with
Landlord the sum of Five Hundred and No/lOO Dollars ($500.00) to be held by Landlord during
the lease tenn as security for the faithful performance by Tenant of its responsibilities under the
Lease. Landlord shall notbe required to keep this security deposit separate from its general funds,
and Tenant shall not be entitled to interest on such deposit. If Landlord uses any portion of the
Security Deposit, Tenant shall, within 5 days after demand, restore the Security Deposit to its
original amount. If Tenant fully and faithfully performs all its responsibilities under the Lease, the
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security deposit or any balance thereof shall be returned to Tenant within thirty (30) days following
expiration of the lease term.
7. USE OF PREMISES. Tenant's use and occupancy of the Premises shall be for
parking for Municipal Court Staff Employees, and for no other business or purpose, without the prior
written consent of Landlord. Further, no use shall be made of the Premises, or any act done in or
about the Premises in violation of any applicable law, rule, regulation, ordinance or governmental
decree, or which will increase the existing rate of insurance upon the land. Tenant shall not commit
or allow to be committed any waste upon the Premises or any public or private nuisances. If Tenant
engages in any such prohibited activities, which shall increase insurance rates or cause Landlord
damages or cost, Tenant shall pay such increase, damages or cost to Landlord
8. ACCEPTANCE OF PREMISES. By taking possession, Tenant shall be deemed to
have inspected the Premises, accepted the Premises in its present condition ("as is") without any
obligation whatsoever by Landlord to improve the Premises, acknowledged that the Premises are in
good and tenantable condition and agreed that Landlord has completed any work agreed to be
accomplished by Landlord to prepare the Premises for Tenant.
9. CARE OF PREMISES. Tenant agrees at all times to maintain the Premises in a
neat, clean and sanitary condition. All damage or injury done to the Premises by Tenant, by any
persons who may be in or upon the Premises with Tenant's consent, shall be paid for by Tenant. At
the termination ofthis Lease, Tenant shall without notice surrender and deliver up the Premises to
Landlord in as good a condition as when received by Tenant from Landlord, reasonable wear and tear
and insured damage by fire or other casualty excepted.
10. MAINTENANCE AND REPAIRS. Tenant shall provide maintenance to the
Premises as necessary to keep the Premises suitable for parking at Tenant's sole expense. Tenant
hereby waives any right to make repairs at Landlord's expense. Tenant shall not make any
alterations, additions or improvement to the Premises without Landlord's prior written consent. If
Tenant performs work, Tenant agrees to comply with all applicable laws, ordinances, rules and
regulations. Tenant further agrees to hold Landlord free and harmless from damage, loss or expense
arising out of said work.
11. SIGNS. Tenant shall be permitted at its sole expense to install signage, including
Tenant's name and logo, subject to Landlord's approval, which shall not be withheld unreasonably,
and in compliance with all applicable codes and ordinances.
12. LIENS. Tenant shall keep the Premises and Tenant's leasehold interest therein free
from any liens arising out of any work performed, materials furnished, or obligations incurred by
Tenant. Tenant hereby agrees to indemnify and hold Landlord hanl1less from any loss, cost or
liability resulting from any such lien or claim of lien.
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13. HOLD HARMLESS. Landlord shall not be liable for any damage to, or loss of,
property on the Premises belonging to Tenant, its employees, agents, visitors, licensees or other
persons on or about the premises or for damage or loss suffered by Tenant or its business from any
cause whatsoever, whether the damage results from conditions arising upon the Premises or from
other sources. Landlord shall not be liable in any manner to Tenant, its agents, employees, invitees
or visitors, or their property, caused by the criminal or intentional misconduct of or by any act of
neglect of third parties or of Tenant's, its agents, employees, invitees or visitors or of any other
tenant of Landlords. Further, Tenant agrees to hold Landlord, its agents, and employees harmless
from and against all loss, damage, liability or expense (including without limitation attorneys' fees
and costs) by reason of the use or occupancy of Tenant, its agents, employees, invitees or visitors
unless caused solely by Landlord's negligence.
14. LIABILITY INSURANCE. Tenant shall, at Tenant's expense, obtain and keep in
force during the term of this Lease, for the protection of Landlord and Tenant, a policy of
comprehensive public liability insurance insuring against liability arising out of the Tenant's, its
representatives, agents, employees, visitors, guests and customer's use, occupancy, or maintenance
ofthe Premises. Such insurance shall have a combined personal injury and property damage limit of
not less than $1,000,000 in the aggregate, with respect to injuries to or death of persons, and/or
destruction of or damage to property. Landlord shall be named as an additional insured. Tenant
agrees to provide a certificate of insurance to Landlord within twelve (12) days after execution ofthis
Lease. If Tenant fails to procure and maintain said insurance, Landlord may, but is not require to,
procure and maintain insurance at Tenant's expense as additional rent.
15. ENTRY BY LANDLORD. At any and all reasonable times during regular business
hours, upon one (1) day's prior notice to Tenant, Landlord reserves and shall have the right to enter
the Premises to inspect the same a reasonable number oftimes, to submit the Premises to prospective
purchasers or tenants, to repair the Premises and any portion ofthereof that Landlord may deem
necessary or desirable, provided that the business of Tenant shall not be interfered with
unreasonably. Landlord shall have the right to use any and all means which Landlord may deem
proper to obtain access to the Premises in an emergency, without liability to Tenant except for any
failure to exercise due care for Tenant's propeliy, and any entry to the Premises obtained by Landlord
shall not under any circumstances be construed or de~med to be forcible or unlawful entry into the
Premises or an eviction of Tenant from the Premises br any portion thereof.
16. ASSIGNMENT AND SUBLETTING. Tenant shall not either voluntarily or by
operation of law assign, transfer, mortgage, pledge, hypothecate, or encumber this Lease or any
interest therein and shall not sublet the Premises or any part thereof or any right or privilege
appurtenant thereto without the prior written consent of Landlord, which consent by Landlord shall
not be unreasonably withheld. In the event of any assignment or subletting so consented to, a
minimum charge of 50% of one month's rent shall be made by Tenant to Landlord for the services
received in transferring or assigning this Lease. Any attempt to assign, mortgage, encumber or
sublease any portion of the Premises without Landlord's prior written consent shall be voidable at
the Landlord's option.
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17. TENANT'S DEF AUL T. The occurrence of anyone or more of the following events
shall constitute a default and breach of this Lease by Tenant.
(a) Failure to Pay Lease Payments. Tenant fails to pay any lease payment when
due, or any other payment or reimbursement to Landlord when due, and such failure continues for a
period of three (3) days after written notice from Landlord;
(b) Abandonment. Tenant vacates or abandons the Premises or any substantial
portion thereof;
(c) Failure to Observe Other Covenants. Tenant fails to observe or perform
any ofthe covenants, conditions, or provisions ofthis Lease to be observed or performed by Tenant
where such failure shall continue for a period of fifteen (15) days after written notice thereof by
Landlord to Tenant; provided, however, that ifthe nature of Ten ant's default is such that more than
fifteen (15) days are reasonably required for such cure, then Tenant shall not be deemed to be in
default if Tenant commences such cure within said fifteen (15) days and thereafter, diligently
prosecutes such cure to completion.
18. REMEDIES ON DEFAULT. In the event of any default or breach by Tenant,
landlord may, at any time thereafter with or without notice or demand in the exercise of a right or
remedy which Landlord may have be reason of such default or breach, tem1inate this Lease by
written notice to Tenant or seek any other remedy provided by law.
(a) Removal of Personal Property. In the event of a retaking of possession of
the Premises by Landlord, Tenant shall remove all personal property located thereon and upon failure
to do so upon demand of Landlord, Landlord shall have the right but not the obligation to remove
" and store the same in any place selected by Landlord, including but not limited to a public
warehouse, at the expense and risk of Ten ant. If Tenant shall fail to pay the cost of storing any such
property after it has been stored for a period ofthirty (30) days or more, Landlord may sell any or all
of such property at a public or private sale and shall apply the proceeds of such sale first to the cost
of such sale, secondly to the payment ofthe charges for storage, if any, and thirdly to the payment of
any other sums of money which maybe due from Tenant to Landlord under the terms of this Lease,
and the balance, if any, to Tenant. Tenant hereby waives all claims for damages that may be caused
by Landlord's lawfully reentering and taking possession of the Premises or lawfully removing and
storing the property of Tenant as herein provided a.l1d will save Landlord harmless from loss or
damages occasioned by Landlord thereby, whether 'such lawful reentry shall be considered or
construed to be a forcible entry.
19. LANDLORD'S DEFAULT. Landlord fails to observe or perfonn any of the
covenants, conditions, or provisions ofthis Lease to be observed or performed by Landlord, where
such failure shall continue for a period of thirty (30) days after written notice thereof by Tenant to
Landlord; provided, however, that if the nature of Landlord's default is such that more than thirty
(30) days are reasonably required for such cure, then Landlord shall not be deemed to be in default if
Landlord commences such cure within said thirty (30) days and thereafter, diligently prosecutes such
cure to completion. In the event Landlord fails to cure such default, Tenant may, at any time
thereafter with or without notice or demand in the exercise of a right or remedy which Tenant may
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have be reason of such default or breach, terminate this Lease by written notice to Tenant or to seek
any other remedy provided by law.
20. SURRENDER AND HOLD-OVER. Upon termination of this Lease, whether by
lapse oftime or otherwise, Tenant shall promptly and peacefully surrender Premises to Landlord. If
Tenant fails to surrender all or any part ofthe Premises at the termination ofthis Lease, occupancy of
the Premises "after termination" shall be that of a tenancy at sufferance. Tenant's occupancy shall be
subj ect to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month
basis without reduction for partial months during the holdover) equal to 150% ofthe Lease Payment
due for theyeriod immediately preceding the holdover. No holdover by Tenant or payment by
Tenant after termination of this Lease shall be constmed to extend the Term or prevent Landlord
from immediate recovery of possession of the Premises by summary proceedings or otherwise. If
Landlord is unable to deliver possession ofthe Premises to a new tenant or to perform improvements
for a new tenant as a result of Tenant's holdover and Tenant fails to vacate the Premises within 15
days after notice from Landlord, Tenant shall be liable for all damages that Landlord suffers from the
holdover.
21. COMMISSIONS. Landlord and Tenant represent to the other that they have not
employed any broker in connection with this matter. No party shall be liable for any brokerage fees
or similar commissions as may be claimed or incurred by the other, and each party hereto shall hold
the other harmless from any such claims, including costs and attorney's fees, should it become
necessary for such party to defend an action for commissions based upon representations ofthe other
party.
22. DAMAGE AND RECONSTRUCTION. Should the Premises be damaged during
the term of this Lease, Tenant shall immediately notify Landlord. In the event the Premises are
damaged as the result of fire or other perils, whether or not covered by fire and extended coverage
insurance, then Landlord shall have the option (a) to repair or restore such damage, this Lease
continuing in full force and effect, or (b) to give notice to Tenant at any time after such damage,
terminating this Lease as of the date specified by Landlord.
23. EMINENT DOMAIN. If the whole, of the Premises (or the whole or part of the
Building) shall be acquired or condemned by eminent"domain for any public or quasi-public use, or
if a part of the Premises is so taken so that the Premises are rendered unsuitable for the business of
Tenant, then the term of this Lease shall ternlinate as of the date title or possession shall be
transferred in such proceeding, whichever shall occur first. In the event of a partial taking or
condemnation which is not extensive enough to render the Premises unsuitable for the business of
Tenant, then Landlord shall restore the Premises to a condition comparable to its condition
immediately prior to such taking less the portion lost in the taking, and this Lease shall continue in
full force and effect. Landlord shall have the right to receive the compensation of damages awarded
upon either such total or partial taking and Tenant shall have no claim thereto; provided that Tenant
may independently pursue an award or compensation to Tenant for the taking of Tenant's personal
property or fixtures or for the intermption of or damage to Tenant's business and for any other
interest of Tenant.
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24. GENERAL PROVISIONS. Landlord and Tenant agree to the following general
provIsIOns:
(a) N on-Waiver. Landlord's failure to insist upon strict performance of any part
of this Lease, or to exercise any option herein conferred in anyone or more instances, shall not be
construed to be a waiver or relinquishment of any such option or part and the same shall be and
remain in full force and effect.
(b) Time Is Of The Essence. All times, whenever stated in this Lease, are declared to
be of the essence in this Lease.
(c) Paragraph Headings. The paragraph headings ofthis Lease are not a part of
this Lease and shall have no effect upon the construction or interpretation of any part hereof.
(d) Successors aud Assigns. The covenants and conditions herein contained,
subject to the provisions as to assignment, apply to bind the heirs, successors, executors,
administrators, and assigns of the parties hereto.
( e) Recordation. Neither Landlord nor Tenant shall record this Lease, but a short
form memorandum hereof may be recorded at the request of Landlord.
(f) Quiet Possession. Upon Tenant paying the Rent reserved hereunder and
performing all of the covenants, conditions, and provisions on Tenant's part to be observed and
performed hereunder, Tenant shall have quiet possession ofthe Premises for the entire term hereof,
subject to all the provisions of this Lease. The Premises are leased subject to any and all existing
encumbrances, conditions, rights, covenants, easements, restrictions, rights-of-way, and any matters
of record, applicable zoning and building laws, and such matters as may be disclosed by inspection
or survey.
(g) Prior Agreements. This Lease contains all ofthe agreements ofthe parties
lhereto with respect to any matter covered or mentioned in this Lease and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose. No provision of
this Lease may be amended or added to except by agreement in writing signed by the parties hereto
or their respective successors in interest. This Lease shall not be effective or binding upon any party
until fully executed by both parties hereto.
(h) Inability to Perform. The time period within which any party is to fulfill an
obligation of such the party under this Lease shall be extended by such time period that any party is
unable to fulfill any of its obligations hereunder or is 4elayed in doing so, if such inability or delay is
caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable
control of such party.
(i) Severability. Any provisions of this Lease which shall prove to be invalid,
void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other
provision shall remain in full force and effect.
U) Cumulative Remedies. . No remedy or election hereunder shall be deemed
exclusive but shall whenever possible be cumulative with all other remedies at law or in equity.
(k) Choice of Law. This Lease shall be governed by the laws of the State of
Washington. The parties agree that venue for any action hereunder shall properly lie in Kitsap
County, Washington.
(I) Execution. This Lease may be executed in several counterparts, each of
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which shall be deemed an original instrument, all of which together shall constitute one and the same
instrument
. (m) Notices. All notices to be given hereunder shall be in writing and shall be
personally delivered and receipt acknowledged, sent by United States certified mail, return receipt
requested, sent by facsimile, with original delivered within three (3) days, or sent by overnight
delivery through public or private service, delivery charge prepaid, and addressed to the party at the
respective mailing address as herein set forth.
To Landlord at:
Estate of Joseph P. Mentor
9330 Silverdale Way, Ste. 201
Silverdale, W A 98383
To Tenant at:
City of Bremerton
Attn:
345 6th Street, Suite 600
Bremerton, W A 98337
It is understood that each party may change the address to which notice may be sent by giving a
written notice of such change to the other party hereto in the manner herein provided.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first
above written.
TENANT
CITY OF BREMERTON
~€~ Mayor
LANDLORD
ESTATE OF JOSEPH P. MENTOR dba
MENTOR COMPANY
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