HomeMy WebLinkAboutLease Agreement - OT General - 6/29/1990 LEASE AGREEMENT
THIS AGREEMENT is entered Into this 1st of July. 1990 by and between HARMONY HILL OF
UNION, a Washington not-for-profit corporation, hereinafter called the lessee; and KATHARINE J.
NORDSTROM,a married woman,as her separate estate, hereinafter called the lessor.
The real property which is the subject of this lease is the improved property situated at
East 7362 and East 7360 Highway 106, Union, Mason County, Washington, which property is
more particularly described in Exhibit A, (and exclusion noted in Exhibit C,) which is incorporated
herein as if fully set forth. This real property is hereinafter called the "leased premises."
WHEREAS the lessor is desirous of leasing these premises to the lessee;and
WHEREAS the lessee is desirous of leasing these premises from the lessor;
NOW, THEREFORE, it is hereby agreed by and between the parties that the lessor does
hereby lease to the lessee the leased premises as above described, upon the following terms. This
lease shall be binding according to its terms upon the parties, their legal representatives,
successors,and assigns.
l. TERM OF LEASE. Except as provided in Section 1 i , the initial term of this lease shall
be ten ( 10)years from the date of signing hereof. Lease may be renewed for two (2) consecutive
five(S)year terms upon the approval of both parties to this lease.
2. RENT. Lessee shall, in lieu of paying rent , pay the property taxes due upon said
property referenced in this lease agreement in a timely manner. Said property taxes shall be paid
to the Mason County Property Tax Department and proof of said payment shall be given to the
Lessor prior to the property tax due date each year or half year as paid. Lessee agrees that said
property tax shall not become delinquent or this lease shall become null and void. This payment of
tax in lieu of rent may be reviewed annually by either party to this agreement with thirty (30)
days written notice.
3. UTILITIES. Lessee shall arrange for and shall pay all utilities furnished to the leased
premises during the term of this lease.
4. IDEMNITY. Lessee shall not hold lessor liable in any manner for or on account of any
loss or damage sustained by action of a third party, fire, water, theft or the elements or for loss of
any articles from any cause from the leased premises, nor shall_lessor be liable for any injury to
lessee, lessee's invitees, employees, or directors, or any other person entering the leased
premises. Lessee further agrees to defend, indemnify and hold lessor harmless from and against all
claims and all costs, expenses and liabilities (including reasonable attorneys' fees) incurrred in
connection with all claims, including any action or proceedings brought thereon,arising from or as
a result of the death of, or any accident, injury, loss or damage whatsoever caused to any person, or
to the property of any person, as shall occur on or at the leased premises except for claims caused
by the gross negligence or willful wrongdoing of lessor.
Lease Page: 1
Lessor shall give the lessee notice of any suit or proceeding entitling the lessor to idemnification
pursuant to this Section 4, and lessee shall defend the lessor in said suit or proceeding with counsel
approved by lessor.
5. LESSEE'S LIABILITY INSURANCE. Lessee shall at all times during the term of this
lease, maintain,or cause to be maintained, in full force and effect, comprehensive public liability
insurance covering the leased premises which shall include contractual liability coverage covering
the idemnity under Section 4 and which shall include coverage for any accident resulting in
personal injury to or death of any person and consequential damages arising therefrom, and
comprehensive property damage insurance, each in the amount of Two Million Dollars
($2,000,000.00) per occurrence. Lessee shall furnish to lessor, on or before the effective date of
any such policy, evidence that the insurance referred to in this Section 5 is in force and effect and
that the premiums therefore have been paid. Such insurance shall name lessor as an additional
insured and shall provide that the insurance may not be cancelled or amended without at least thirty
(30) days prior written notice being given by the insurer to lessee and lessor. Such insurance
shall be carried with a financially responsible insurance company.
6. CASUALTY INSURANCE. Effective upon the commencement of the lease term and
thereafter during the term of this lease, lessee will carry or cause to be carried broad form
all-risk casualty insurance in an amount at least equal to one hundred percent ( 100%) of the
replacement cost (exclusive of the cost of excavation, foundations and footings) of all improvements
on the leased premises insuring against "all risk" (except loss or damage by war or nuclear
incident), including, but not limited to: loss or damage by fire, earthquake, windstorm, cyclone,
tornado, hail, explosion, riot, riot attending a strike, civil commotion, malicious mischief,
vandalism, aircraft, vehicle, smoke damage and sprinkler leakage. Lessee shall furnish to lessor,
on or before the effective date of any such policy, evidence that the insurance referred to in this
Section 6 is in force and effect and that the premiums therefore have been paid. Such insurance
shall name lessor as an additional insured and shall provide that the insurance may not be cancelled
or amended without at least thirty (30) days prior written notice being given by the insurer to
lessee and lessor. Such insurance shall be carried with a financially responsible insurance
com pang.
7. USE OF THE PREMISES. The leased premises shall be used only for the purposes
stated in the Harmony House Mission Statement, a copy of which is attached to this agreement as
Exhibit B, and for no other purposes. Any amendment to the Harmony Hill Mission Statement shall
not amend this Section 7 or Exhibit B, unless such amendment is approved in writing by lessor.
Lessee shall not allow any waste or nuisance on the leased premises, or use or allow the leased
premises to be used for any unlawful purposes.
Lease Page: 2
8. REPAIRS AND MAINTENANCE. Lessee has inspected the leased premises and accepts
them in their current condition. Lessee, at its sole cost and expense, at all times shall keep the
leased premises in good repair and in a neat and clean condition including repair and replacement of
in on the leased remises.
all buildings, structures,and landscaping p
9. ALTERATIONS AND IMPROVEMENTS. Lessee will make no alterations, additions or
improvements in or to the premises without prior written approval of lessor, which approval shall
not be unreasonably withheld. All alterations, additions or improvements shall be made in a
workmanlike manner and at the sole cost and expense of lessee and shall become the property of
lessor at the termination of this lease.
10. ASSIGNMENT AND SUBLETTING. The lessee may not assign or sublet the premises
without the prior written consent of the lessor, which consent may be withheld in the sole and
absolute discretion of lessor. At the time of the signing of this agreement, GRETCHEN SCHODDE,
GAIL BAKER FORREY, and OAIL BAKER FORREY'S minor children occupy the leased premises, and
this is acknowledged and approved by lessor. The temporary and transient occupancy of the
premises by guests pursuant to the stated mission of the lessee shall not be deemed a sublease or
lease.
11. EARLY TERMINATION OF LEASE. In the event that GRETCHEN A. SCHODDE ceases to be
Executive Director of lessee or ceases to reside at the leased premises, this lease shall terminate as
of the date of such event. Lessee shall have Ninety (90) days to vacate the leased premises.
12. ENTRY ON PREMISES BY LESSOR. Lessor reserves the right to enter on the leased
premises at reasonable times to inspect them, perform maintenance and repairs,or make additions,
alterations or modifications to any part of the leased premises, and lessee shall permit lessor to do
so.
13. SURRENDER OF PREMISES. At the expiration of the lease term, lessee shall
surrender the leased premises in the same condition as when lessee took possession, reasonable use
and wear excepted. Before redelivery, lessee shall remove all business signs and trade fixtures
placed on or in the leased premises and shall restore the portion of the leased premises from which
the removals were made.
14. DEFAULT. The appointment of a receiver to take possession of the assets of lessee, a
general assignment for the benefit of creditors of lessee, the actual or constructive rejection of this
lease by a bankruptcy trustee, the abondonment of the leased premises by lessee, or the failure of
lessee to comply with the terms and conditions of this lease shall constitute a default. Lessee shall
have fourteen ( 14) days after receipt of written notice from lessor of any default to correct the
conditions specified in the notice.
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15. NOTICES. An notices required or permitted in this lease shall be made y eq p by certified
mail, return receipt requested, postage prepaid, to the parties at the addresses set forth below,or
to such other address as the parties may from time to time advise by written notice.
LESSOR: KatharineJ. Nordstrom LESSEE: Andy Bell,Chairman
2000 43rd East Harmony Hill of Union
Seattle,Washington 98112 East 7362 and East 7360
Highway 106
Union,Washington 98592
With a copy to:
David L. Mackie
Nordstrom, Inc.
1501 Fifth Avenue
Seattle,WA 98101
Executed on the day first above written.
166y DATED:
LESSOR: Katharine J. Nordstrom
DATED:_ z — 5 C
LESSEE: Andy B 11,Chairman, Harmony Hill of Union
State of Washington )
�,1 )ss. Lessee(s) Acknowledgement
County of , )
IN:"n
On this day personally appeared before me - o m4nown
to be the individual d scroiP i nd who executed the it�i�n orpgoing instrument,and
acknowledged tha i ed the same executed
and voluntary act and deed,
for the uses and purposes therein mentioned.
GIVEN Und& My Hand and Official Seal this -2 tNoryy
o
Public n and for the State of Washington
Residing in w A
State of Washington )
)ss. Lessor(s) Acknowledgement
County of
On this day personally appeared before m to me known
to be the individual ribed bed in,and who executed the within and foregoing instrument, and
acknowledged that_ 'gne�ihe me as LAT�Q-s�c free and voluntary act and deed,
for the uses-and:purpc aes therein mentioned.
GIVEN Under My Han"ind.Official Seal this 1990:
Notary Public in and for the State of Washington
- Residing in w
EXHIBIT 'A'
DESCRIPTION: Order No. : Q-85516
The West one-half of Government Lot 1 , Section 33, Township 22 North, Range 3 West,
W.M. , in Mason County, Washington.
EXCEPTING THEREFROM the following described:
BEGINNING at a point on the shore of Hood Canal, South 84° 09 ' 46" West, 671.31
feet distant from the Meander Corner to fractional Sections 33 and 34, Township 22
North, Range 3 West, W.M. , in Mason Count Washington;
y, s ington; thence South 0 50 East
273.04 feet; thence South 81° 29' West 50.56 feet; thence North 0° 50' West, 272.53
feet; thence *forth 800 54 ' East 50.64 feet to the POINT OF BEGINNING.
EXCEPTING THEREFROM right of way 60 feet in width for Navy Yard Highway, as the
same is now located and in use; the foregoing land being also known and described
as Tracts lettered U and V and the East 50 feet of Tract No. 12 of the unrecorded
Plat of Callison's Olympic View Tracts , being a subdivision, of the West one-half of
Government Lot 1 , Section 33, Township 22 North, Range 3 West, W.M. , in Mason
County, Washington.
TOGETHER WITH all tidelands of, the second class heretofore conveyed by the State of
Washington, lying in front of a portion of Government Lot 1, Section 33, Township
22 North, Range 3 West, W.M. , in Mason County, Washington, described as follows:
All tidelands of the second class extending to the line of extreme low tide,
situated in front of, adjacent to or abutting upon said Government Lot 1, and lying
to the East of the Easterly Boundary, extended Northerly, of Tract No. 18 of the
recorded Plat of Sunny Beach and lying Westerly of the West line of Tract "U" of
the unrecorded Plat of Callison's Olympic View Tracts; said tidelands being also
known as Tax No. 669-G, EXCEPT C-1-2-3, and Tax 683-C, EXCEPT C-1-2-3.
Note: land outlined in red ink on Ex.hibi+_ "c" is excluded rro!^ the lease herein
described.
' ' 'A NY :MLL: OF:UNION : : ::
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Harmony Hill of Union is a Wellness
Learning Center which provides a supportive
environment for individuals and small groups
through the provision of programs and services
For educational and therapeutic purposes.
As educators of healthful living, we are
committed to,
Positive Living Strategies
Stress Management/Burnout Prevention
Active Aging
Recovery enhancement/Relapse Prevention
Welness' Educabon' ;,"-
Empowerment of the Physically Challenged
Paradigm Changes -
Right Relationship with the Earth
Spiritual Discoveries
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