HomeMy WebLinkAboutFinnriver North, LLC - 110215SUBLEASE AGREEMENT
THIS SUBLEASE is made and effective this 15th day of April, 2015, by and between Finnriver
North, LLC a Washington limited liability company as "Finnriver North", and, Jefferson County
on behalf of Jefferson County Cooperative Extension, as "Tenant". Finnriver North and Tenant
agree as follows_
1. Provisions Constituting Sublease. This Sublease is subject to all the terms and
conditions of a lease dated April 1, 2015, between Finnriver North and Chimacum Dairy, LLC
(the "Master Lease"). This Sublease may be modified unilaterally if required to maintain
Finnriver North's compliance with the terms of or amendments to the Master Lease. In the event
of the termination of Finnriver North's interest under the Master Lease for any reason, then this
Sublease shall terminate simultaneously without any liability of Finnriver North to Tenant.
2. Premise. Under the Master Lease Finnriver North has leased the "Property"
which consists of the land and improvements located at 9165 Rhody ,Drive, Chimacum
Washington, 98325. Finnriver North agrees to sublease to Tenant for the Term, at the rent and
upon all of the terms and conditions set forth herein, a portionof the office space located within
the building commonly known as the Farmhouse (the "Subleased Premises"). The parties agree
that the Subleased Premises is a space is an upstairs office room of approximately 258 square
feet, commonly referred to as "the White room" and is accessed by the common lobby area
shared with Finnriver North, Finnriver Cidery, and other tenants leasing space in the Farmhouse
or on the Property. Tenant shall be deemed to have accepted and taken possession of the
Subleased Premises in "as -is" condition. Finnriver North has made no representation or warranty
to Tenant, express or implied, respecting the condition of the Subleased Premises or Property.
3. Cooperation and Collaboration. Tenant acknowledges- that it is one of a
number of tenants occupying space in the Farmhouse. As such Tenant agrees to participate
collaboratively, along with Finnriver North and other tenants, in the establishment of a
formalized and agreed to list of norms of collaborative behavior so as to ensure the safety,
comfort, and productivity of all other parties involved in this collaborative effort. Tenant agrees
to follow such guidelines as they are set forth, and at all times to act in a manner respectftd and
considerate of other users of the space.
4. Use. Tenant shall use the Subleased Premises only for the purpose of general
office use and meetings, and for no other purposes without Fininiver North's written. consent.
Tenant shall:
Conform to all applicable laws and regulations of any public authority affecting the
Subleased Premises or the Property and the use, and correct at Tenant's own expense
any failure of compliance created through Tenant's fault or by reason of Tenant's use,
but Tenant shall not be required to make any structural changes to effect such
compliance (unless such changes are required because of Tenant's specific use).
Refrain from any use that would be reasonably offensive to other tenants or owners or
users -of the Property or neighboring premisesor that would tend to create a nuisance
or damage the reputation of the same.
7. Gross Rent. Rent is inclusive of reasonable levels of basic utilities (power, heat,
water, sewer, intemet/data), taxes, and other expenses associated with maintaining the premises.
Per section 4.1 above, during renewal negotiations, Finnriver North may adjust Rent as needed to
cover unexpected fluctuations in cost of those items included in Rentor in the event that Tenant
incurs unusual or excessive use of utilities.
S. Finnriver North Obligations. During the term, Finnriver North will provide the
following:
• Utilities such as water, heat, garbage, electricity, sewer and data/intemet connectivity
(but not phone service).
• Repairs to the Subleased Premises. In the event that any repair is required on
Subleased Premises totaling over $50.00; Tenant shall notify Fimiriver North and
Tenant and Finnriver North shall mutually inspect the needed repair to jointly
determine the method and repair and allocation of costs.
9. Tenant Obligations. By taking possession of the Subleased Premises; Tenant
accepts the Subleased Premises as being in good- working and sanitary order, condition and
repair. During the Term, Tenant agrees to abide by the following stipulations:
• Maintain the Subleased Premises and all common areas at Tenant's sole expense in a
clean and sanitary condition and repair including; without limitation, an carpet, wall
coverings, floor coverings, signs, windows, doors and other fixtures, equipment and
improvements.
• Purchase and maintain all tools necessary for the conduct of its trade.
• Properly dispose of garbage/waste regularly in appropriate garbage/waste containers.
• Comply with all municipal, county, state and federal codes, statutes and ordinances
including keeping and maintaining all professional and business certificates and
licenses required by the city, state and federal government to conduct its business and,
upon demand, Tenant will provide copies of said certificate(s) and/or licenses to
Finnriver North.
• Not maintain or allow animals/pets on the Subleased Premises or Property of any kind.
• Not permit a nuisance or common waste nor intentionally or negligently damage,
destroy or remove any part of the Subleased Premises or the. Property.
Not install wires, antermas, ropes, electrical extension cords on the building; roof or
other parts of Subleased Premises or Property without written consent of Finnriver
North.
• Not install or construct any type of variation, addition; or alteration of the Subleased
Premises or Property without written consent of Finnriver North.
• Not place any signs anywhere outside or inside the Subleased Premises or Property
without Finnriver North' prior written consent.
• Keep the Subleased Premises or Property free from any liens arising out of any work
performed for, materials furnished to, or obligations incurred by Tenant and shall hold
Finwiver North harmless against the same. In the event Tenant becomes insolvent,
consequential damages, either in contract or tort, to Tenant if this Sublease is modified or
terminated as set forth in this paragraph.
14. Defaults-aud-Remed"-
14.1 Defaults. The occurrence of any one or more of the following events shall
constitute a default and breach of this Sublease by Tenant:
(a) The abandonment of the Subleased Premises by Tenant.
(b) The failure by Tenant to make any payment of rent or any other
payment required to be made by Tenant hereunder, as and when due where such failure.shall
continue for a period of five (5) days after written notice hereof from Finnriver North to Tenant.
(c) The failure by Tenant to observe or perform any of the covenants,
conditions, or provisions of this Sublease to be observed or performed by Tenant, other than
described in Section (b) above, where such failure shall continue for a period of thirty (30) days
after written notice thereof from Finnriver North to Tenant.
14.2 Remedies in Default. In the event of any such default or breach by Tenant,
Finnriver North may at any time thereafter, with such notice as required by law and without limiting
Fitu river North in the exercise of any right or remedy which Finnriver North may have by reason of
such default or breach.-
(a)
reach:
(a) Terminate Tenant's right to possession of the Subleased Premises by
any lawful means, in which case this Sublease shall terminate and Tenant shall immediately
surrender possession of the Subleased Premises to Finnriver North.
(b) Maintain Tenant's right to possession, in which case this Sublease
shall continue in effect whether or not Tenant shall have abandoned the Subleased Premises. In
such event, Finnriver North shall be entitled to all of Finnriver North' rights and remedies under this
Sublease including the right to recover the rent as it becomes due hereunder.
(c) Pursue any other remedy now or hereafter available to Finnriver
North under the laws or judicial decisions of the state of Washington.
14.3- Default by P'iuuriver Nor& Finnriver North shall not be irr default unless
Finnriver North fails to perform obligations required of Finnriver North within a reasonable time,
but in no event later than thirty (30) days after written notice by Tenant to Finnriver North;
provided, however, that the nature of Finnriver North's obligation is such that more than thirty (30)
days are required for performance, then Finnriver North shall not be in default if Finnriver North
commences performances within such thirty (30) day period and thereafter diligently pursues the
same to completion.
hundred ten percent (110%) of the last monthly rental plus all other charges payable hereunder, and
upon the terns hereof applicable to month to month tenancy.
14.5 Interest on -Past Due Obligation.- Except as expressly herein provided, any
amount due to Finnriver North not paid when due shall bear interest at twelve percent (12%) per
annum from the due date. Payment of such interest shall not excuse or cure any default by Tenant
under this Sublease.
16.6 Locks and Keys. No additional locks shall be placed upon any doors of the
Subleased Premises without the written consent of Finnriver North LLC. Keys or access code will
be furnished to accommodate entrance to the premises. At the termination of the Lease, Tenant
shall surrender all keys to the Subleased Premises and to any other facilities or common areas
whether paid. for or not.. If Tenant fails, to. surrender all keys, Tenant shall. be_ liable to Finnriver
North for the costs of rekeying as necessary. Finnriver North or other authorized agents may retain
a pass key to the Subleased Premises to enable them to examine the Subleased Premises from time
to time with reference to any emergency or to the general maintenance of said Subleased Premises.
16.7 Waiver, Severability and Construction. No waiver by Fiimriver North of
any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent
breach by Tenant of the same or any other provision. Finnriver North' consent to or approval of any
act shall not be deemed to render unnecessary the obtaining of Finnriver North' consent to or
approval of any subsequent act by the Tenant. The acceptance of rent hereunder by Finnriver North
shall not be a waiver of any preceding breach by Tenant or any provision hereof, other than the
failure of Tenant to pay the particular rent so accepted regardless of Finnriver North' knowledge of
such preceding breach at the time of acceptance of such rent. The invalidity of any provision of this
Sublease, as determined by a court of competent jurisdiction, shall in no way affect the validity of
any other provision hereof. Section and Section headings are for convenience only and not a part
hereof. Exhibits are an integral part hereof.
16.8 Entire Agreement. This Sublease and Exhibits contain the entire agreement
of the parties with respect to the subject matter hereinand supersedesallprior representations and
understandings, whether oral or written. This Sublease may be modified only by writing signed
by both parties.
16.9 Notices. Notices required or permitted under this Agreement will be
considered given if delivered in person or by mail, delivery service or facsimile transmission that
obtains written confirmation of receipt. Notices by mail, delivery service or facsimile will be
addressed to Finnriver North and to Tenant at the address set forth below:
Landlord,
Finnriver North, LLC
PO Box 178
Chimacum, WA 98325
Phone:.
Fax:
TENANT:
STATE OF WASHINGTON )
)ss.
COUNTY OF JEFFERSON
I certify that I know or have satisfactory evidence that Philip -Morley signed this instrument and that he is
authorized to execute the instrument and acknowledged it to be the free and voluntary act of such entity for
the uses and purposes mentioned in the instrument.
WITNESS my hand and official seal the date and year in this cert ficate written above.
(print nota s name)
Notary Public in and for the State of Washington,
%yev
T J. 1 �O = residing at E vSZh �u��fZ/
h'"" Cs My commiss on. pare
gIIf1jilt WAgN\a�•� _s-2
STATE OF WASHINGTON )
)ss.
COUNTY OF JEFFERSON )
On this J- _ day of personally appeared before me Of tuber
of FINNRIVER NORT11, LLC, known to me to be the individual described in and fho executed the
foregoing and on oath stated that he was authorized to execute the instrument and acknowledged it to be the
free and voluntary act of such entity for the uses and purposes mentioned in the instrument.
WITNESS my hand and official seal the date and year intht ertificate written above.
Notary Public
atate of Washington (print notary's name)
'I CANDICE R. C0T7ERILL Notary Publi m and for State of Washington,
MY COMMISSION EktPIRES residing at�-
-
June 24
. eommiSSlDti expires;
�o A vy, 7J -I 7,al:7 `j
Consent Agenda
Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
Philip Morley
FROM: Su Tipton, WSU Jefferson County Cooperative Extension
DATE: November 2, 2015
RE: Sublease of Meeting/Office Space
STATEMENT OF ISSUE: Sublease Meeting/Office space from Finnriver North and
Chimacum Dairy, LLC
ANALYSIS: Sublease of Meeting/Office space in the Chimacum area affords accessability
with our agricultural community for meetings and workshops.
FISCAL IMPACT: $3,360 Lease + $400.00 Refundable Damage Deposit
RECOMMENDATION: We recommend the Commissioners to approce this Agreement.
DEPARTMENT CONTACT: Su Tipton; 360.379.5610 ext. 206
REVIEWED BY:
Phiip Morley, ounty dministrator Date
CONTRACT REVIEW FORM
/Sw
CONTRACT WITH: Finnriver North, LLC RC C COVED
CONTRACT FOR: Sublease ofineeting/office space W 0 C T
11"V 11155 4/15/15 thru12/31/15
JEFFr SON COUN
PROSECUTIN
COUNTY DEPARTMENT: WSU Jefferson Count Coo erati r 1 xteYtsi777 "
For More Information Contact: Su Tipton
Contact Phone #: 360.379.5610 x 206
4 p+if YS ,y Y
RETURN TO: 5u Tipton RETURN BY: 10/8/15 °.i
(Perann in T]enarfmrntl lTlafrl a a!
AMOUNT: $ 3 3to PROCEE/SSf-
lrlPstY
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
Exempt from Bid Proce
Consultant Selection Pr
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Other
Step 1: REVIEW ENT
Review by: lD�
J Date Reviewed:
.1�J-f11 APPROVED FORM El Returned for revision (See Comments)
Comments
Step 2: REVIEW BY PROS CUTING A RNEY
Review by: rx'
Date Reviewed:
APPROVED AS TO FORM ❑ Returned r r vision (See Comments)
Comments
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO
RISK MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 6 copies of Contract, Review Form, and Agenda Bill to BOCC Office.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
Step 2: REVIEW BY PROS CUTING A RNEY
Review by: rx'
Date Reviewed:
APPROVED AS TO FORM ❑ Returned r r vision (See Comments)
Comments
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO
RISK MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 6 copies of Contract, Review Form, and Agenda Bill to BOCC Office.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO
RISK MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 6 copies of Contract, Review Form, and Agenda Bill to BOCC Office.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)