Business Service Center
OF BELLEVUE
LEASE AGREEMENT
PARTIES
This lease made this seventh day of June 1 between Certus Corporation, dba
Business Service Center of Bellevue1 hereinafter referred to as Landlord, and
CybeRecord. Inc. hereinafter referred to as Tenant.
TERM
The term of this lease shall be three months, commencing on the first day of
July 1999, and terminating on the last day of the third month, September 1999 If
Tenant shall occupy the premises for permitted uses prior to the date set forth
herein, the commencement date for rent purposes shall be prorated and charged
accordingly as part of the first month's rent. The termination date shall not be
affected by early occupancy. If either Landlord or Tenant desires to terminate
the lease at the end of the term1 the party desiring to terminate shall, 30 days
prior to the expiration date, give the other written notice of its intention to
do so. Should written notice of intention to terminate not be given by either
party, the lease shall be extended under the same terms and conditions for a
like period of time. The lease shall continue to renew itself under the same
terms and conditions until one party notifies the other, as set forth above, of
its intent to terminate.
PREMISES
Premises shall consist of Suite No.915 & 916 on the ninth/tenth floor of the
Xxxxx Xxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxxxxxxx. In addition to Suite No. 915&916.
Tenant shall have use of the common area on the ninth/tenth floor, Including the
conference moms on a reasonable and shared basis with other ninth/tenth floor
tenants as outlined under the Conference Room section. Tenant agrees to abide by
the prevailing conference room rules.
RENT
The rent amount for the term of this lease shall be $1300.00 per month. Tenant
shall pay Landlord the monthly rent, In advance, on the first day of each
calendar month during said term. Rent shall be delivered to the Landlord's
office in the Plaza Center Building. If the monthly rent is not paid by the
tenth of the month in which it is due, a late charge of ten percent of the rent,
including prorations, will be payable by the Tenant as a special handling
charge. Delinquent rent shall be cause for termination of this agreement at the
discretion of the Landlord. Acceptance of late rent and forbearance of
collection and/or eviction action on the part of the Landlord shall not
constitute a waiver of any of Landlord's rights under the lease.
DEPOSIT AND FIRST MONTH'S CHARGES
Concurrent with the execution of this Agreement, Tenant shall deliver to
Landlord the sum of $3185.00 in payment of the first month's charges and
deposits as follows: First month's rent $1300.00. rent deposit $1300.00;
telephone installation fee $200.00; first month telephone service $285.00; and
telephone service and long distance deposit $100.00.
REPAIRS AND ALTERATIONS
Tenant agrees by taking possession of premises that premises are then in a
tenantable and good condition; that Tenant will take good care of premises, and
the same will not be altered or changed without written consent of the Landlord.
Tenant shall not make changes to locks on doors or add or in any way change any
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10900 NE 0xx Xxxxxx, (Xxxxx Xxxxxx Xxxxxxxx),
Xxxxx 000, Xxxxxxxx, XX 00000 (425) 454-3077
Email address: xxxxxx@xxxxxxx.xxx
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shelving, wall covering, or any fixtures without first obtaining written consent
of Landlord. Any wall hangings should be carefully hung with small nails, first
applying scotch tape to the wall so the paint will not chip when the nail is
removed.
Any repairs of the walls necessary because of damage caused by wall decorations
installed by Tenant shall be paid for by Tenant. All damage or injury done to
premises by Tenant or by any persons who may be In or upon premises with the
consent of Tenant, shall be paid for by Tenant, and Tenant shall pay for all
damage to the building caused by Tenant's misuse of premises or the
appurtenances thereto. Tenant shall pay for the replacement of doors or windows
of premises which are cracked, broken or damaged by Tenant, its employees, agent
or Invitee and Tenant shall not put any curtains, draperies, or other hangings
on or beside the windows In premises without first obtaining Landlord's consent.
All alterations, additions, and improvements, except fixtures Installed by
Tenant and which are removable without damage to the building, shall become the
property of Landlord. Tenant shall, at the termination of this lease by the
expiration of time or otherwise, surrender and deliver up premises to Landlord
in as good a condition as when received by Tenant from Landlord. Tenant agrees
that if they move out prior to one year from date of this lease, Landlord shall
be entitled to add a One Hundred Dollars ($100) charge to Tenant's closing
statement to cover the expense of Landlord's repainting Tenant's office.
SIGNS
No sign, picture, sticker, advertisement, or notice shall be displayed,
inscribed, painted or affixed to any of the glass, wails, sign plaques, or
woodwork of the office or build-outs without the prior written consent of
Landlord. Tenant agrees that if they decide to have their name displayed on the
office directory, or outside their door, Tenant's name display shall be on a
sign approved, built, and installed by Landlord. The total charge for the
design, construction, and installation of Tenant's directory sign and office
sign shall be In conformity with prevailing prices for signs at time of ordering
said signs. Should Tenant decide to order a directory sign or office sign,
Tenant will indicate such affirmative decision and the exact wording to appear
on the sign order form. Tenant further agrees that Landlord shall be entitled to
xxxx Tenant for said sign(s) on Tenant's first monthly statement following the
installation of the sign(s), and that Tenant shall pay Landlord for said sign(s)
on the same date the rent is next paid.
ENTRY AND INSPECTION
Tenant will permit Landlord and its agents to enter into and upon premises at
all reasonable times for the purpose of inspecting the same or for the purpose
of cleaning, repairing, altering or improving premises or building. The Landlord
shall have the right to enter premises for the purpose of showing premises to
prospective tenants for a period of 30 days prior to the expiration of the
Rental Agreement term.
ACCIDENTS. INDEMNITY AND WAIVER OF SUBROGATION
Tenant shall defend and indemnify Landlord and save it harmless from and against
any and all liability, damages, costs, or expenses, Including attorneys' fees,
arising from any act, omission, or negligence of Tenant, or the officers,
contractors, licensees, agents, servants, employees, guests, invitee, or
visitors of Tenant in or about the premises, or arising from any accident,
injury, or damage, howsoever and by whomsoever caused, to any person or
property, occurring in or about the premises. Whether the loss or damage is due
to the negligence of either Tenant or Landlord, their agents or employees, or
any other cause, Landlord and Tenant do each herewith and hereby release and
relieve the other from responsibility for, and waive their entire claim of
recovery for (i) any loss or damage to the real or personal property of either
located anywhere in the building and including the building itself, arising out
of or incident to the occurrence of any of the perils which may be covered by
fire and lightning insurance policy, with extended coverage endorsement, in
common use in the Bellevue locality, and policies covering any loss by theft or
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water damage, and ~i) loss resulting from business interruption at premises
arising out of or incident to the occurrence of any of the perils which may be
covered by the business Interruption insurance policy in common use in the
Bellevue locality; to the extent that such risks under (1) and (1i) are, in
fact, covered by Insurance, each party shall cause its insurance carriers to
consent to such waiver and to waive all rights of subrogation against the other
party.
DEFAULT AND RE-ENTRY
If Tenant fails to pay any installment of rent within ten (10) days after it is
due, or to perform any other covenant under this Rental Agreement within ten
(10) days after written notice from Landlord stating the nature of default,
Landlord may cancel this Rental Agreement and re-enter and take possession of
premises using all legal means to do so; provided, however, that if the nature
of such default other than for nonpayment of rent is such that the same cannot
reasonably be cured within such ten-day period, Tenant shall not be deemed to be
In default if Tenant shall within such period commence such cure and thereafter
diligently prosecute the same to completion. Notwithstanding such retaking of
possession by Landlord, Tenant's liability for the rent provided herein shall
not be extinguished for the balance of the term of this Rental Agreement
SUPPORT SERVICES
Complete administrative support services are provided by Business Service Center
of Bellevue at the rates indicated on the price list which will be provided by
Business Service Center of Bellevue. These rates are subject to change. Services
include telephone answering, voice mail, word processing, personal computer data
entry, secretarial, dictation, facsimile, mail handling, and other
administrative services. Tenant will be assigned a copier access code and
charged for copies made at published rates.
Support services and telephone answering service are dosed on those holidays
normally observed by the business community.
Tenant may employ his/her own secretary; however, Tenant shall not offer for
sale/trade to any other tenants of Business Service Center of Bellevue, any of
the administrative support services offered by Business Service Center.
MAIL
Mail is delivered to Tenant's mailbox each day at no additional charge to
Tenant. Outgoing mail should be deposited in the mail basket prior to 4:30 p.m.
for posting that evening. Outgoing mail service will be charged at the cost of
postage plus 20% processing fee (minimum fee $2.50) or at rates specified on the
price list.
CONFERENCE ROOMS
The conference rooms on the ninth and tenth floors may be used by all Tenants
for up to ten hours per month, per office at no charge. These conference rooms
are assigned on a first-come, first-served basis. Reservations may be made by
contacting the receptionist at the front desk.
In addition, the Plaza Center Building conference room, which will accommodate
up to 60 people, is located on the second floor. This conference room may be
rented for an hourly charge of $20. Reservations are made through the Business
Service Center receptionist.
Page 4
TELEPHONE
Landlord agrees to rent to Tenant a telephone instrument(s) and line(s) for
Tenant's use at rates published on a separate telephone service agreement Tenant
agrees that Business Service Center of Bellevue will be the sole supplier of
telephone lines for all offices at its location.
Should any of Tenant's telephone instruments become defective in the normal
course of business, Landlord shall, upon notification by Tenant and at the
earliest opportunity, replace or repair the Instrument at no charge to Tenant
Tenant agrees to exercise reasonable care of rented telephone Instrument Should
the telephone instrument fail due to abuse and/or misuse, tenant will be charged
for repair or replacement. Should Tenant develop any problems with their
telephone lines, they shall ImmedIately notify Landlord of the same, after which
Landlord shall take immediate action to correct the problem. Tenant agrees that
telephone instrument or line failure shall not relieve Tenant of their
obligations under this Lease Agreement, provided Landlord takes reasonable steps
to correct the same. Tenant shall purchase their long-distance service through
Landlord, which shall be at a rate competitive with that charged by AT&T.
Tenant agrees to pay Landlord any and all telephone instrument rental charges
and telephone line charges in advance under the same terms as stated for rent
under the paragraph entitled rent and to pay telephone long-distance charges,
and telephone instrument/line installation charges within ten business days of
being blued by Landlord for the same. Should Tenant fail to do so, Landlord
shall be entitled, without notice or liability to Tenant, to terminate the
Tenant's telephone service and Landlord shall not be required to reconnect the
same until Tenant's account has been brought current and Tenant pays Landlord a
reconnection fee of $50.00 per line. In addition, at the Landlord's sole option,
such failure to pay may be deemed to be an event of default of this Lease
Agreement. Tenant acknowledges that there will be a charge associated for taking
their telephone number with them, if they desire, upon terminating their
tenancy. in such event, Tenant shall pay to Business Service Center of Bellevue
a service charge of $125.00 and pay to the applicable vendor(s) any service
charges which they may impose therefor.
Tenant shall be responsible for their own directory listings and advertising and
shall arrange for direct billing to Tenant regarding the same.
PARKING
Parking is available to tenants in the Plaza Center parking garage. Tenants may
park in any available space, except space designated "visitor," on a first-come,
first-served basis. One parking permit will be issued per office at a reduced
rate.
KEYS
Tenant will receive one key to the individual office suite for each person who
occupies the office up to two keys. Additional keys may be issued at Tenant's
expense. Any keys issued shall be returned at the end of the rental period, or
the Tenant will be charged $5.00 for each key that is not returned. In addition,
each occupant of the office will receive a card key which allows access to the
building front door and elevator after hours. If the card keys are lost or
broken, a replacement card key can be obtained at Tenant's expense from the
Building Manager.
SPECIAL IMPROVEMENTS
Any special improvements requested by the Tenant shall be made in writing to the
Landlord. Performance of said special improvements shall be at the discretion of
the' Landlord. In the event Landlord makes special improvements on behalf of
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Tenant, Tenant shall reimburse Landlord for Landlord's costs of making said
special improvements requested by Tenant within ten days of receipt of statement
from Landlord for special Improvements.
COSTS AND ATTORNEYS' FEES
Tenant agrees that all payments for any rent or other services or other products
provided under the terms of this agreement by Landlord are the sole
responsibility of Tenant. Tenant understands all payments are due ten (10)
calendar days after date of Invoice. Tenant agrees to pay a late fee of 1.5% per
month on all past due amounts. Tenant also agrees to pay all collection agency
fees In the event Tenant's past due accounts are assigned to a collection agency
to enforce payment by Tenant.
If Tenant or Landlord shall engage the services of an attorney to collect monies
due or to bring any action for any relIef against the other, declaratory or
otherwise, arising out of this lease, including any suit by Landlord for
recovery of rent, additional rent or other payments hereunder or possession of
the premises, each party shall, and hereby does, to the extent permitted by law,
waive trail by jury and the losing party shall pay the prevailing party a
reasonable sum for attorneys1 fees in such suit, at trial and on appeal, and
such attorneys' fees shall be deemed to have accrued on the commencement of such
action.
NOTICE
Any notice required to be given by either party to the other pursuant to the
provisions of this lease or any law, present or future, shall be In xxxxxxx and
shall be deemed to have been duly given or sent if either delivered personally
or deposited in the United States mail, postage prepaid, registered or
certified, return receipt requested, and addressed to the Landlord or Tenant at
their respective office addresses in the Xxxxx Xxxxxx Xxxxxxxx, Xxxxxxxx,
Xxxxxxxxxx.
ENTIRE AGREEMENT
it is expressly understood and agreed by Landlord and Tenant that there are no
promises, agreements, conditions, understandings, induces, warranties or
representations, oral or written, express or Implied, between them, other than
as herein set forth and that this Lease shall not be modified in any manner
except by an instrument in writing executed by the parties.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Agreement on the day
and year first above set forth.
LANDLORD:
CERTUS CORPORATION, dba
Business Service Center of Bellevue TENANT:CYBERECORD, INC.
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By By: X. Xxxxxxxx
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Title: Title: Executive Vice President
Leasing and Client Services Manager
ADDENDUM A
TELEPHONE SERVICE AGREEMENT
As agreed in the Lease Agreement subsection Telephone page 3), the Lessor agrees
to rent the Lessee telephone instruments and lines as defined in this addendum.
QTY. UNIT PRICE TOTAL
_1_ Initial telephone port and Instrument,
with telephone answering service and one
voice mailbox $142.50 142.50
___ Additional line appearances of the same $10.00
phone number
___ Additional line appearances of an additional
phone number $40.00
_1_ Additional telephone port with one voice mailbox $72.50 72.50
_1_ Telephone ports for wild lines (modems & fax) $45.00 45.00
___ Additional Directory Listings $5.00
ADDITIONAL TELEPHONE ANSWERING & VOICE MAIL OPTIONS
_X_ Call Announcing $25.00 25.00
___ Voice Mail Paging $2.00
___ Automatic Message Delivery $6.00
___ Additional Voice Mailboxes $10.00
___ Message storage capacity increased
from 35 to 50 messages $2.00
___ Other
Monthly Telephone Service Fee 285.00
INSTALLATION SERVICE
_1_ First telephone port, instrument and telephone
answering and voice mailbox $100.00 100.00
_1_ Additional telephone ports, instruments and
voice mail configuration $50.00 50.00
_1_ Wild line ports for modems and fax $50.00 50.00
Total One-time Installation Fee 200.00
DEPOSITS
X Monthly Telephone Service Fee Deposit $100.00
Estimated Intralata (within 425) long distance
Estimated Interlata (outside 425) long distance
Telephone Service Deposit 100.00
The undersigned agrees to all terms and conditions stated in the Lease Agreement
under subsection Telephone (page 3). The lessee understands that telephones will
not be installed until the appropriate first month's Telephone Fee, Installation
Fees, and Telephone Service Deposits are paid In accordance with the Lease
Agreement subsection Deposits and First Month's Charges (page 1).
/s/ X. Xxxxxxxx June 7, 1999
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X. Xxxxxxxx Date
Tenant Signature
