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514 Yelm Ave SE 062102City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458 -3144 June 21, 2002 Johnny's at Yelm 2920 Gael Court SE Olympia, WA 98501 Re: Outdoor display of Merchandise Dear Mr. & Mrs. West: As you are aware, you are operating a business in the City of Yelm without a City Business License. At the time you applied for your business license on December 19, 2001, you received a letter from the City with conditions of approval. As of today, those conditions have not been met. I understand that you are leasing the building, and the property owner may be responsible for completion of the conditions of approval, however, operating a business in the City of Yelm without a current business license is a violation of the Yelm Municipal Code. One of the conditions of approval was to restripe the parking lot in order to provide at least 9 parking stalls with the stall on the southwest corner of the building, nearest the main entrance door designated and marked Van Accessible Handicap. In February the Community Development Department received a letter from Tom Jensen, Northwest Properties, stating that the parking lot striping would be completed as soon as the weather permits. To this date we have enjoyed many days of good weather. The City cannot approve your business license until the striping is completed. You are also displaying merchandise on the outside of your business, which is in violation of Yelm Municipal Code Chapter 17.57.060. That chapter states: In the conduct of any business, the storage of merchandise, raw materials, equipment, fixtures, scraps or solid wastes shall comply with the following requirements: Every reasonable effort shall be made by persons operating a business to store all materials within an enclosed building, with the following exceptions: 1. Where such inside storage is not practical or desirable for reasons related to health, fire or safety codes; The City of Yet", is an Equal OPl+artunit y Provide+ CITY OF YELM OFFICIAL USE ONLY PO Box 479 Dale Received Yelm WA 98597 By (360) 458 -3244 CITIZEN ACTION REQUEST NAME: V, L-e s r— 1.",,. / PHONE: , C�L— i t (— GOYS b-O Home Business 360-711-6M5- ADDRESS: �LgJf) l` d CT ij -J4 qkr,) MAILING ADDRESS (If different than above): DATE: In TIME: 1:S V SITUATION DESCRIPTION: kti ,,e i eeM 0PS.e,kJ Awl- !v �t f4-1,-4 SJJ w✓ J L) e (v pp Ilg e,sa- ii-e � QPIL✓c.ct 64 c,,Y4 e� 4T_ TJr c`, iJ',J)x-rsfes iFti 42iw. CJf! IJ.Jft �dJJs l�,`+'�ra„� �� rte „ IJ' ✓r,xellPj ��7 � �� flrJ✓1a1 ttie c 114 cF �el� S �t IINcPJJHdt Wlh &L 6ILe.r .5/✓51.,¢SSeSqq int Yef� ��PM TrJ� O- S/11�- .�_/�.2fcL5�cJJSQ 1N T`f✓ti -f 010 YL-e if l8i 1 ,C51es (L-/ AL fo✓rf cJr GJ +L, Se,..+ -/-o ye /.w c34:4 Wf;KeZeS 'ilo Pw FJrce -/'4eJr ()ems J�iK Jr- }Let/' S £rv,— /M fn—.l JF fteJ�— QA ��.iSJrtPIjPS l //1 _/1 �JA(�P C�..l( /(��I.�PS'S J� lukeM fieSP Ooco, C-� G ✓c•� lwt IP lni.✓kh Iu/ 1/2Wtk- CITY OF YELM POLICY NO. 9101 C .WyFiles%FORMSVtlzeneclbnreq.wpd Pape 1 of 2 June 21, 2002 Johnny's at Yelm 2920 Gael Court SE Olympia, WA 98501 Re: Outdoor display of Merchandise Dear Mr. & Mrs. West: As you are aware, you are operating a business in the City of Yelm without a City Business License. At the time you applied for your business license on December 19, 2001, you received a letter from the City with conditions of approval. As of today, those conditions have not been met. I understand that you are leasing the building, and the property owner may be responsible for completion of the conditions of approval, however, operating a business in the City of Yelm without a current business license is a violation of the Yelm Municipal Code. One of the conditions of approval was to restripe the parking lot in order to provide at least 9 parking stalls with the stall on the southwest corner of the building, nearest the main entrance door designated and marked Van Accessible Handicap. In February the Community Development Department received a letter from Tom Jensen, Northwest Properties, stating that the parking lot striping would be completed as soon as the weather permits. To this date we have enjoyed many days of good weather. The City cannot approve your business license until the striping is completed. You are also displaying merchandise on the outside of your business, which is in violation of Yelm Municipal Code Chapter 17.57.060. That chapter states: In the conduct of any business, the storage of merchandise, raw materials, equipment, fixtures, scraps or solid wastes shall comply with the following requirements: Every reasonable effort shall be made by persons operating a business to store all materials within an enclosed building, with the following exceptions: 1. Where such inside storage is not practical or desirable for reasons related to health, fire or safety codes; 2. Where the outside storage of merchandise, manufactured products or raw materials is normal and standard practice, such as in the sale of automotive equipment, mobile homes, lumber, gardening materials, nursery stock and the like, or on the site on construction projects; 3. When materials or products are temporarily stored outside incidental to shipping, delivery, loading or unloading thereof. In regards to signage for your business, any signs other than your current wall or freestanding sign are not allowed and will need to be removed. To avoid further action by the City, please comply with the above mentioned items by June 30, 2002. After that date, the matter will be forwarded to Code Compliance for further action.. If you have any questions, please feel free to call at (360) 458 -8496. This letter has also been sent to the property owner, and the property manager. Sincerely, Tami Merriman Planning Technician cc: Gary Carlson, Building Official, Code Compliance Officer Tom Jensen, Northwest Properties Hoa Tu Vuong, Owner DRAFT June 21, 2002 Johnny's at Yelm 2920 Gael Court SE Olympia, WA 98501 Re: Outdoor display of Merchandise Dear Mr. & Mrs. West: 17P-'�'Ag As you are aware, you perating a business in the City of Yelm without a City Business License. -1A/hemyou applied for your business license, you received a letter from the City with conditions of approval. As of today, those conditions have not been met. I understand that you are leasing the building, and the property owner may be responsible for completion of the conditions of approval, however, operating a business in the City of Yelm without a current business license is a violation of the Yelm Municipal Code. 1 One of the conditions of approval was to restripe the parking lot, to provide at least 9 parking stalls with the stall on the southwest corner of the building, nearest the main entrance door designated and marked Van Accessible Handicap. a00 In February we received a letter from Tom Jensen, Northwest Properties, stating that the parking lot striping would be completed as soon as the weather permits. To this date we have enjoyed many days of good weather. The City cannot approve your business license until the striping is completed. 'tlz t �6u are cumorkly displaying merchandise on the outside of your business, which is in violation of Yelm Municipal Code Chapter 17.57.060. That chapter states: In the conduct of any business, the storage of merchandise, raw materials, equipment, fixtures, scraps or solid wastes shall comply with the following requirements: Every reasonable effort shall be made by persons operating a business to store all materials within an enclosed building, with the following exceptions: 1. Where such inside storage is not practical or desirable for reasons related to health, fire or safety codes; 2. Where the outside storage of merchandise, manufactured products or raw materials is normal and standard practice, such as in the sale of automotive equipment, mobile homes, lumber, gardening materials, nursery stock and the like, or on the site on construction projects; 3. When materials or products are temporarily stored outside incidental to shipping, delivery, loading or unloading thereof. In regards to signage for your business, any signs other than your current wall or freestanding sign are not allowed and will need to be removed. To avoid further action by the City, please comply with the above mentioned items by June 30, 2002. If yoc do not comply._ the ap plication-will be given tothe£kyef -Yelm Af> SNr+r O.n� -1'h- -n+.v� 3s f ;'n rla,o -w ?b CADS fF� f�n Oftlnaj . If you have any questions, please feel free to call at (360) 458 -8496. This letter has also been sent to the property owner, and the property manager. Sincerely, Tami Merriman Planning Technician cc: Gary Carlson, Building Official, Code Compliance Officer Tom Jensen, Northwest Properties Hoa Tu Vuong, Owner June 18, 2002 Johnny's at Ychn , 2920 Gael Ct SE Olympia, WA 98501 Attn.: John and Tara West Re: Outdoor display of Merchandise k Dear Mr.& Ms. West, Around the 1" of February we rece d a letter from Tom Jensen, Northwest Properties, in regards to the parking lot striping hat "This will happen as soon as the weather permits." To this date we have enjoyed nice weather without any action. I cannot approve your business license until the striping is completed. Please resolve this issue by " T1 June 30, 2002. Z)-+- o a It has also come to my attention that you are currently displaying merchandise on the out side of your business. City Zoning Ordinance does not allow for the outside display of merchandise, 17.57.060 Storage, for your type of retail business. Also note that any signs other then your current wall or freestanding sign are not allowed and need to be removed. Thank you for your assistance. If I can be of any help or answer any questions please contact me at 458 -8407. Sincerely Gary Carlson Building Official Cc: Tom Jensen DRAFT Hoa Tu Vuong — 0,A) s! �— Tamf Mer lman Planning Technlcian M City of Yelm 105 Yelm Are. W. Olfitt: (360) 458 -3835 P.O. Box 479 Fax: (360) 458 -3144 Yehn, WA 98597 emafl: trnmirnm@ywave.com December 21, 2001 John & Tarra West 2920 Gael Ct. SE Olympia, WA 98501 City of Yelm 105 Yelm Aveme West P.O. Box 479 Yelm, Washington 98597 (360) 458 -3144 Re: Conditions of Approval for Business License Application for 514 Yelm Ave. Dear Mr. & Mrs. West: The City has reviewed your business license application, and requires that the following conditions be met, prior to opening your business. The espresso stand in the parking lot had an agreement with the previous owner to have the espresso stand there, and to use both storage and restroom facilities in the building. We need a written statement from the new owner, verifying that these agreements are still valid. The nine (9) parking stalls located on site are needed to meet code requirements. However, the parking lines are faded, and not visible. The existing parking areas adjacent to the front, side, and rear of the building will need to be restriped. The stall on the southwest corner of the building, nearest the main entrance door will need to be designated and marked Van Accessible Handicap parking. _ If you have any questions, please contact me. I can be reached at (360) 458 -8496. Sincerely, Tam! Merriman Planning Technician cc: Tom Jensen, South Bay Homes Gary Carlson, Building Official Northwest Properties 115 North McCormick Olympia, 1 Washington 98506 City of Yelm Attention Ms. Tami Merriman, The owner of the building located at 514 Yelm Avenue will be restriping the parking lot as request in your letter dated December 21, 2001. This will happen as soon as the weather permits. Thank you for your attention to this matter. Since ^relyl i �L C Thomas 0. Jensen Owner, Northwest Properties. y CITY OF YELM OFFICIAL USE ONLY PO Box 479 Data ReceNee Vf' Yelm WA 98597 Sy (360) 458 -3244 ELM CITIZEN ACTION REQUEST NOTE: Information provided on this request form Is subject to public disclosure, and is available to Individuals upon request. If you wish to remain anonymous, the City of Yelm reserves the right to not follow -up on the request. NAME: -5 OLi1 L-VST- PHONE: 36J- d36 - 043 4 1&0- 74(- Wir Home business ADDRESS: )-.q 1,) 6� & I T D Ly L JA S kSJ I S V w e, ir, Ad MAILING ADDRESS (If different than above): DATE: O TIME: /0: 3Y SITUATION DESCRIPTION: 1 Re!, --sr A L- e -44-eI, _mw fL .•aJ 1..,.,1 T A ,n (4i A1u/'t1,wG SJ ✓/N/Jar erf T7 clam!b�. T -fL' e L? I 64u-'e ?J f' K S /z Sfr10�S CJ rk:4 SI-OTC D_rf::,. Lot Tke ogi, <kPF n CJw,r'Nl4 0-e.jeLjR -. ,,.a ;s C-W-Pe W wl e tos LcJk/ Ww ae'le,.e,l O,sVCJ \'ir C-J �Le-� L--ere +Le 0^-Les wt,o w Je eL-e wL"' e LW LR Lzi-iC/ -a -v gZ CITY OF YELM POLICY NO. 91 -01 C:Wfles \FORMS \cilrzenacbonreq wpd Page i of CITY OF YELM OFFICIAL USE ONLY PO Box 479 Date Received Yelm WA 98597 By (360) 458 -3244 CITIZEN ACTION REQUEST NAME: O s 7 PHONE: 74(- 6QYS _ Home Business („} 711- S ADDRESS: r; 9 d Coc-e( eL4_ w� C[rS'S'Ji ,CT MAILING ADDRESS ('d different than above): DATE:. n TIME: I I " S v SITUATION DESCRIPTION: love Lwe„ ✓)e�,eti -.J /t(&o Jet hy9t�r. ��r.Jt✓ W 7I,, A L.Jjj d L) tie 'w / I)C gJESa- "ILC iJl(J�11 KC OPlU✓[.(f o4 C/i OI' 4T fJ/` L,w.u„� �j.JJ.�aSSCS l., 4QIw. CJ4!; yJdJ 5 11 H4 cej .r- f4 1/ h ✓r,,.OfjPS —Z r 7✓r -Ir fiJ.uw e_,i5- of C� !:4. JO.,_he +S fllJJ1H1 (.� .F 4 e l ti s ',( On1ce.)J4 L✓'h 41 .5/✓,Slr,e3sE,5 i M 4z(, )j,, L1..1 45 49 r Ike T r), 4,,q of, -tl-C 6JStneSSC'$. &L rya4-# at cJ44 ✓]tkJ,.c -Is Se,+ -I-e Yela., cJL:, v' (1✓1 ;.tCSS�eS 4-o Au Force -fkeJr' RCAJJ 1 n.. JP }Le I / A 6} 1'r% S h RJ'�- , - iiJ..t !j tle: /' T tit P)SPS A !�, // JKP Ch (( A�� &jj,erf l✓ W ,,., iL SP c ✓,•�.. �� G ✓H;IMP lu/ � ✓QWIk CITY OF YELM POLICY NO. 91 -01 C:V. Hes1FORMS'cltizenactfores9.wed Page 1 of 2 City of Yelm 105 Yetm Awnue West P.O. Box 479 Yelm, Wmhington 98597 (360) 458 -3244 June 21, 2002 Johnny's at Yelm 2920 Gael Court SE Olympia, WA 98501 Re: Outdoor display of Merchandise Dear Mr. & Mrs. West: As you are aware, you are operating a business In the City of Yelm without a City Business License. At the time you applied for your business license on December 19, 2001, you received a letter from the City with conditions of approval. As of today, those conditions have not been meta I understand that you are leasing the building, and the property owner may be responsible for completion of the conditions of approval, however, operating a business in the City of Yelm without a current business license is a violation of the Yelm Municipal Code. One of the conditions of approval was to restripe the parking lot in order to provide at least 9 parking stalls with the stall on the southwest corner of the building, nearest the main entrance door designated and marked Van Accessible Handicap. In February the Community Development Department received a letter from Tom Jensen, Northwest Properties, stating that the parking lot striping would be completed as soon as the weather permits. To this date we have enjoyed many days of good weather. The City cannot approve your business license until the striping is completed. You are also displaying merchandise on the outside of your business, which is in violation of Yelm Municipal Code Chapter 17.57.060. That chapter states: In the conduct of any business, the storage of merchandise, raw materials, equipment, fixtures, scraps or solid wastes shall comply with the following requirements: Every reasonable effort shall be made by persons operating a business to store all materials within an enclosed building, with the following exceptions: 1. Where such inside storage is not practical or desirable for reasons related to health, fire or safety codes; The City of Yelm is an Equal Opportunity Provides Thurston GeoDATA Center/Interactive Map Thurston GcoData Center Click here to view results of search. Search By: Address: Do not use road suffix (is St. or Rd.) Street Number (le 921): Street Name (is 5th or Evergreen Park): FOuadrant (is NW or SE): F-11 digit Parcel Number: Section (is 05182,): Survey Target#/Name: F-CAPCOM Grid# (is V -14): Return to lop of page Assessor Data Page 1 of 3 Map to: )o e:F-- be a Parcel be a Layer Ire Dlelance ire Area S@y N Yew PAN' O Display Aerial Photos ❑ Display Parcel Text Show other man lavers? Inone B Label Parcels WIth7 http:// www. geodata .orglscriptslesrimap.dll? name =TGCM" &Left= 1111856.93116054 &Bot... 6/21/02 Thurston GeoDATA Center/Interactive Map OWNER: VUONG, BOA TU (Due to space restrictions only 1 J owner is listed) Address: 5909 55TH WAY SE City: LACEY State: WA,98513 Parcel8: 21724141502 Site Addreee: 514 BE YELM AVE Site City: YELM Site Sip: 98597 Section: 924171E Legal Description: 24 -17 -1E PT SE NE BEG AT INTER NW BURY SOLBERGE FIRST ADD 9/31 WITH RELY MARGIN YELM AVE; N52 -04W 30OF TPOB:N37 -56E 125F; N52 -04W 10OF TO SELY MARGIN LONGMIRE ST; S37 -56W 125F TO INTER NELY MARGIN Usecode: 69 - SRV- MISCELNS Tax Code Area: 170 Taxable: Y Property Type: CON Total Acres: 0.29 Land Value: 49100 Building Value: 170200 Total Value: 219300 Current Use: N Exemptions: None Last Sale Recorded 4: 3384981 Last Sale Date: 2001 -10 -04 Last Sale Price: 190000 Transaction includes additional properties: No Last Sellers Name: BOYD REAL ESTATE INVESTMENTS INC I J Return to top of page Spatial Data Page 2 of 3 http: //w .geodata.org /scripts /esrimap.dlI ?name= TGCMAP &Left = 1111856.93116054 &Bot... 6/21/02 Thurston GeoDATA Center/Interactive Map etlands: No loodzone: No lood of 1996: Unknown inter Flooding of 1996: No igh Groundwater Flood Hazards: Unknown almon Creek Basin: No 999 Carlyon Beach Landslide Hazard: None ing: C -1 toric Site: No indiction: YELM rmwater Rate: No Shooting Zone: No .al Control Zone: Yea I Containment Area: No ip Slopes: No itive Areas: No Natural Heritage Data: No ical Bufferee No 'eline Management: No rbody L Wetland Buffers: No lhead Prot. Area: Unknown a of Groundwater Concern: No voted Nitrates: No 1 Type: Spanaway gravelly sandy loam, 0 to 38 elopes ric Soil: No arched: THOMPSON CREEK, YELM CREEK or Service Area: YELM, CITY OF ool Service District: YELM e Response District: YELM nning Region: 3 Page 3 of 3 Comly Ordinances I Data Descriptions Hlo I What's New I T6C Home I Helpful Info Assessor Gluestions Ecology Shoreline Photographs I Thurston County CPS Basestation API You are visitor 428,164 with map request 5,543,160 since. April 24, 1998 WARNING: Parcel Data was last updated on Sunday, Jun 16, 2002 DISCLAIMER: Thurston GeoData Center makes no guarantee of data accuracy and assumes no liability for the data represented here. If questions arise regarding accuracy please contact Thurston County staff. Please do not bookmark this page! Bookmark our home page instead! htt p:// www. geodata .orglscriptslesrimap.dll? name= TGCMAP &Left= 1111856.93116054&Bot... 6/21/02 Agnes, Gary Carlson From: Agnes Bennick [agnesb@yelmtel.cemj Sent: Wednesday, May 08, 2002 6:38 PM To: Gary Carlson Cc: Todd Stencil Subject: Re: Business 1-mence Page 1 of 2 Gary, 1 couldn't open the attachment. However, our Business License ordinance (5.03.010) requires that every business obtain a business license. However, I don't find anything tied to that specific subsection that allows us to do anything about it. However in another subsection of this chapter at 5.04.090 Failure or refusal to make a return, there is a rather broad statement that "anyone who violates or refuses or fails to comply with this chapter (NOTE - NOT SUBSECTION) is guilty of a misdemeanor. We have used this successfully in the past to send the PD to close a business that reaches a certain delinquency level. I'm sending this to Todd also to see what kind of citations, if any, can be issued in this kind of case. Might want to run it by Brent also. The Business License provisions probably aren't the best recourse for this as they don't really have much to back them. What kind of business is this? There might he a better route if they require some additional kind of licensing. Agnes Taking another twist hem... "any person who fails or refuses to make a tax return or to pay the tax when due, or who makes false statemenNrepmsentation in connection to a tax return - - - -- Original Message - - - -- From: Gary Carlson To: Agnes Bernick Sent: Wednesday, May 08, 2002 2:50 PM Subject: Business Liscence ITo: Agnes Bennlck Cc: Tami; Cathie Carlson Subject: Business License Agnes, As a condition to opening their business Johnny's was required to stripe their paved parking lot and provide a handicap parking stall. Tami had asked the Leasing agent to resolve this issue by March 20, 2002. To date no action has been taken and that is the purpose of the draft letter attached. At our staff meeting yesterday Shelly asked me to discuss with you the strength of our business ordinances. If we deny them their business license and they continue to operate, do we have the teeth to do something about it? If not she felt there was no sense in going down this path. Thank you Gary Carlson 5/9/02 Gary Carlson To: Agnes Bennick Subject: Business Liscence Agnes, As a condition to opening their business Johnny's was required to stripe their paved parking lot and provide a handicap parking stall. Other conditions were imposed on the Mo Jo's stand which have been met. Tami had asked the Leasing agent to resolve this issue by March 20, 2002. To date no action has been taken and that is the purpose of the draft letter attached. At our staff meeting yesterday Shelly asked me to discuss with you the strength of our business ordinances. If we deny them their business license and they continue to operate, do we have the teeth to do something about it? If not she fell there was no sense in going down this path. Thank you Gary Carlson Building Official December 21, 2001 John & Tarra West 2920 Gael Ct. SE Olympia, WA 98501 Re: Conditions of Approval for Business License Application for 514 Yelm Ave. Dear Mr. & Mrs. West: The City has reviewed your business license application, and requires that the following conditions be met, prior to opening your business. The espresso stand in the parking lot had an agreement with the previous owner to have the espresso stand there, and to use both storage and restroom facilities in the building. We need a written statement from the new owner, verifying that these agreements are still valid. The nine (9) parking stalls located on site are needed to meet code requirements. However, the parking lines are faded, and not visible. The existing parking areas adjacent to the front, side, and rear of the building will need to be restriped. The stall on the southwest corner of the building, nearest the main entrance door will need to be designated and marked Van Accessible Handicap parking. If you have any questions, please contact me. I can be reached at (360) 458 -8496. Sincerely, Tami Merriman Planning Technician cc: Tom Jensen, South Bay Homes Gary Carlson, Building Official May 1, 2002 John and Tara West 2920 Gael Ct SE Olympia, WA 98501 Re: Johnny's at Yelm Dear Mr. & Mrs. West On March 1, 2002 Tami Merriman contacted, via a letter, Northwest Property Management giving them until March 20, 2002 to resolve outstanding issues regarding the conditions of your Business License Approval. The time has past with out any action. This leaves the City no recourse but to deny your application for a Business License, which puts you in violation of Yelm Municipal Code Chapter 5.04.10 and subject to penalties stated there in. Official denial will occur within 15 days of receipt of this letter. We trust you will resolve this problem and remain a valued business in the City of Yelm. For your reference I have received complaints about the outside display of merchandise and the sandwich board sign on your premises. We had discussed these items at your opening. Our Ordinances do not allow the outside display of furniture merchandise and the special display of the sign has exceeded the permitted 8 weeks. Please remove the displayed merchandise and sandwich board sign. Thank you. If I can be of help or answer any questions please call m0360) 458.8407. Sincerely Garry Carlson Building Official of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458 -3144 March 1, 2002 Northwest Property Management Tom Jensen 115 N. McCormick Street Olympia, WA 98506 Re: 514 Yelm Ave. Dear Mr. Jensen: At this time, The businesses located at 514 Yelm Ave. are in violation of City codes and requirements. In December 2001, 1 provided both Mr. West and your company a letter approving his business license with conditions. At this time, those conditions have not been met. On February 6, 2002, 1 received a letter from you stating that the parking area would be painted as weather permits. As of today, that has not been done. As I stated previously, the original agreement with Mo' Joes Espresso, and conditions of their business license approval, is that Mo' Joes Espresso and its employees have access to storage and a restroom in the existing building. The sanican located on the site is not allowed, and does not fulfill this requirement. It must be removed immediately. A written agreement must be provided to the City, showing the storage and restroom facilities agreement. These conditions must be resolved and approved by the City by March 20, 2002. If they are not, both Mr. West's business and the Espresso business will be In code violation, and this matter will be forwarded to the Code Compliance Officer for further action. If you have any questions, please contact me. I can be reached at (360) 458 -8496. Sincerely, Tami Merriman Planning Technician cc: Cathie Carlson, Community Development Director Gary Carlson, Building Official, Code Compliance Officer City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458 -3144 January 22, 2002 Northwest Property Management Tom Jensen 115 N. McCormick Street Olympia, WA 98506 Re: 514 Yelm Ave Dear Mr. Jensen Thank you for forwarding to me a copy of the lease agreement with Mo' Joes Espresso, located at 514 Yelm Ave. However, to approve Mr. West's business license for the use of the existing building, I need additional information. The original agreement with Mo' Joes Espresso, and conditions of their business license approval, is that Mo' Joes Espresso and its employees have access to storage and a restroom in the existing building. This is a requirement from the Thurston County Health Department. The lease agreement you sent does not refer to either of these stipulations. An addendum to the lease agreement, signed by both parties will fulfill this requirement. As stated in my letter dated December 21, 2001, as a condition of approval for Mr. West's business license, or any commercial use in that building, the parking stalls located on site need to be restriped, and designating the stall on the southwest comer of the building, nearest the door, as "Van Accessible Handicap Parking ". These conditions will need to be resolved before I can approve the business license for Mr. West. If you have any questions, please contact me. I can be reached at (360) 458 -8496. Sincerely, Tami Merriman Planning Technician cc: Gary Carlson, Building Official City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458 -3144 December 21, 2001 John & Tarra West 2920 Gael Ct. SE Olympia, WA 98501 Re: Conditions of Approval for Business License Application for 514 Yelm Ave. Dear Mr. & Mrs. West: The City has reviewed your business license application, and requires that the following conditions be met, prior to opening your business. The espresso stand in the parking lot had an agreement with the previous owner to have the espresso stand there, and to use both storage and restroom facilities in the building. We need a written statement from the new owner, verifying that these agreements are still valid. The nine (9) parking stalls located on site are needed to meet code requirements. However, the parking lines are faded, and not visible. The existing parking areas adjacent to the front, side, and rear of the building will need to be restriped. The stall on the southwest corner of the building, nearest the main entrance door will need to be designated and marked Van Accessible Handicap parking. If you have any questions, please contact me. I can be reached at (360) 458 -8496. Sincerely, Tami Merriman Planning Technician cc: Tom Jensen, South Bay Homes Gary Carlson, Building Official o� s r Taml Merriman Planning Technician City of Yelm 105 Yehn Ave. W. MCC: (360) 458 - P.O. Box 47g 3835 Yelm, WA 96597 Pax: (360) 458 -3144 ema16 tmerrlmaaQayrvave.mm December 21, 2001 John & Tarra West 2920 Gael Ct. SE Olympia, WA 98501 City of Yelm 105 Yehn Avenue West P.O. Box 479 Yehn, Washington 98597 (360) 458 -3244 RFCFI V ED JAN 1 5 2002 BY. Opp Re: Conditions of Approval for Business License Application f2r 514 Yelm Ave. Dear Mr. & Mrs. West: The City has reviewed your business license application, and requires that the following conditions be met, prior to opening your business. The espresso stand in the parking lot had an agreement with the previous owner to have the espresso stand there, and to use both storage and restroom facilities in the building. We need a written statement from the new owner, verifying that these agreements are still valid. The nine (9) parking stalls located on site are needed to meet code requirements. However, the parking lines are faded, and not visible. The existing parking areas adjacent to the front, side, and rear of the building will need to be restriped. The stall on the southwest corner of the building, nearest the main entrance door will need to be designated and marked Van Accessible Handicap parking. If you have any questions, please contact me. I can be reached at (360) 458 -8496. Sincerely, Tami Merriman Planning Technician cc: Tom Jensen, South Bay Homes Gary Carlson, Building Official NORTHWEST PROPERTY MANAGEMENT 115 N. McCormick St. Olympia, WA 98506 (360) 943 -3233 Office MONTH -TO- MONTH RENTAL AGREEMENT . 1. PERSONS AND PREMISES: N hWest Property Management herein referred to as "Lessor" hereby rents to �%irecSt0 herein referred to as "Lessee" those cerup premises herein referred to as "Said Premises" and further described as V5tQr *JrA KVP on the following terns and conditions: 2. TERM: This rental agreement is a month -to- month tenancy and shall terminate upon written notice by either party to the other, received 20 days or more before the end of a rental period. Each rental period shall begin on the I' day of each month and end on the last day of the month. If proper notice is not given, tenant forfeits entire deposit. 3. RENT: The rent is $ 15m- n0 per month, PAYABLE IN ADVANCE, without demand. The DUE DATE is the BEGINNING DAY of each month. Rent that is mailed or put into the rent box at the apartment complex will be considered late if received by the lessor after the due date. ! 610 4. DELIQUENT RENT: Rent is due the 4f every month If circumstances are such that the tenant must change payment date, you must make arrangements with the office by the f the month in order to avoid being assessed LATE FEES. LATE FEES are charged 16 as follows: 1': RENT DUE, 5'": $10.00 and a "3 -Day Pay or Vacate Notice" is delivered, 80': $20.00, 151°: $40.00, 20'": $60.00 and 25'": "3 Day Eviction Notice' delivered. Checks which do not clear and are returned by the bank, regardless of the reason, are not considered as "PAID" rent and Lessee must pay the delinquent rent late fee described above. A $25.00 NSF Fee will be charged for any returned checks. 5. ABANDONMENT: The determination of abandonment shall exist when Lessee defaults in payment of rent, is not responsive to Lessor's attempt to communicate with Lessee, and/or reasonably indicates, by words or actions, the intention to not resume tenancy. Lessor may then immediately enter and take possession of any property in and on premises in accordance with the Landlord- Tenant Act for the State of Washington. 6. SECURITY DEPOSIT: Lessee agrees to pay prior to occupancy a deposit of h $�� as security for the performance of Lessee's obligations under this 500 °" PAGE -2- Agreement. The deposit shall be held at the following depository: First Community Bank P.O.Box 3800 Lacey, WA 98509. Lessee agrees that all or a portion of the Deposit may be retained by the Lessor upon termination of the tenancy and that a refund of any portion of the deposit is conditioned as follows: a) Lessee shall have cleaned and restored the premises to its condition at the commencement of this tenancy (less normal wear and tear). b) Lessee will provide Lessor evidence that all of Lessee's bills for utilities and services related to the premises are paid and current. c) Lessee who have outside faucets on their patio will use due precaution against freezing of water. Pipes will be wrapped during winter months to prevent pipes from freezing and breaking. Lessee will be responsible for all costs to repair outside faucets if due caution is not taken and damage to the pipes happen. d) Lessee will properly dispose of rubbish, garbage and waste in a clean and timely manner. Dumpsters on site are provided for your convenience. Lessee will be responsible for all of charges of fumigation or extermination for infestation caused by Lessee's neglect. e) Lessee will maintain smoke detector in proper working order. f) Lessee will immediately notify Lessor of any defects, dilapidation or dangerous condition (s) and failure to do so shall be considered neglect and Lessee will be charged for damage. g) Lessee will promptly reimburse Lessor for the cost of any repairs to said premises or the equipment or personal property subject to this Agreement caused by Lessee's negligence or misuse by any of Lessee's invitees or guests. - h) Lessee shall return to Lessor all keys and opening devices provided during the tenancy. i) Lessee shall forfeit all rights to any deposits for failing to properly terminate rental agreement. 7. NON - REFUNDABLE FEE: The sum of S 960 is a non - refundable cleaning fee to be retained by the Lessor. This is in addition to the above mentioned refundable deposit. 8. UTILITIES: Lessee shall pay for service and utilities supplied to said premises, except which will be furnished by Lessor. 9. NOTICES: Except as otherwise expressly provided by law, any and all notices or other communication required or permitted by this Agreement or by law to be served PAGE -3- on or given to either party hereto by the other party hereto shall be in writing and shall be deemed duly served and given when personally delivered to the party, left with a person of suitable age at the residence or posted in a conspicuous place at the residence. 10. LESSOR OBLIGATIONS: Lessor shall: a) Maintain all structural components in good repair. b) Keep common areas reasonably clean and safe from defects increasing the hazards of fire and accident. c) Maintain all electrical, plumbing, heating and other facilities and appliances supplied by Lessor in reasonably good working order. 11. USE: The said premises shall be used only as a single - family residence and Lessee shall not permit said premises or any part thereof to be used for: a) The conduct of any offensive, noisy or dangerous activity that would increase the premiums for fire insurance on said premises. b) The creation or maintenance of a public nuisance. c) Anything which is against the laws or rules and regulations of any public authority at any time applicable to said premises d) Any purpose or in any manner which shall obstruct, interfere with or infringe on the rights of other persons. e) Any drug - related activity. Please see accompanying "Addendum for Drug -Free Housing" 12. ACCESS TO SAID PREMISES BY LESSOR: Lessor reserves the right of access to said premises for the purpose of: a) Inspection b) Repairs, alterations or improvements. c) To supply services. d) To exhibit or display said premises to prospective or actual purchases, mortgages, tenants, workmen or contractors. Access shall be at reasonable times with Lessor providing 48 hour notice to Lessee, except in case of emergency or abandonment. e) Emergency Access: No notice needed. 13. PARKING PRIVILEGES: Lessee agrees to use the areas designated as parking spaces. One parking space is available for each apartment. The second vehicle will need to be parked either on the street or in an unnumbered parking space. REPAIRS ON VEHICLES ( which includes oil changes, grease jobs and other like activities) ON OR NEAR SAID PREMISES WILL NOT BE ALLOWED! PAGE -4- 14. ALTERATIONS AND IMPROVEMENTS: Lessee shall make no alterations or improvements to said premises without the written consent of Lessor. Should Lessee make any improvements to said premises or do any painting or redecorating of said premises without the written consent of Lessor fast, or should Lessee damage or depreciate said premises, then the full cost of restoring said premises to their prior condition shall be home by Lessee and promptly paid, on written demand, to Lessor. Any and all alterations and improvements made to said premises by Lessee with the consent of Lessor, including any wall -to -wall carpeting and draperies installed by Lessee, shall become the property of Lessee and remain on said premises on the expiration or sooner termination of this agreement, unless otherwise agrees upon by the parties hereto. ` 15. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this agreement or sublet all or any portion of said premises without the prior written consent of Lessor. Any assignment or subletting without prior written consent of Lessor shall be void and shall, at the option of the Lessor, terminate this agreement. 16. DEFAULT BY LESSEE: Should Lessee be in default for more than 5 days on payment of any rent payable under this agreement or in the performance of any other provisions of this agreement, Lessor may terminate this agreement and immediately regain possession of said premises. 17. ACTS CONSTITUTING BREACH BY LESSEE: Lessee shall be guilty of a material breach of this agreement if Lessee: a) Fails to pay any rent or other sum becoming payable under this agreement on the date it becomes due. b) Defaults in the performance of or breaches any provision, Lessor may enforce all the available rights and remedies under this agreement including the right to recover rent as it becomes due. ATTORNEY'S FEES: Should any litigation be commenced between the parties to this agreement concerning said premises, this agreement or the rights and duties of either in relation thereto, the party, Lessor or Lessee, prevailing in such litigation shall be entitled to, in addition to such other relief as may be granted, a reasonable sum and for attorney's fees to be determined by the court in such litigation or in a separate action. 20. DESTRUCTION OF PREMISES: Should any part of said premises be destroyed by fire, casualty, or other cause not the fault of Lessee, Lessor shall promptly repair and restore said premises to their former condition at Lessor's sole cost and expense. During the making of the repairs and the restoration work, the rent payable under this agreement shall be abated for the time and to the extent that Lessee is prevented from fully occupying and enjoying said premises under this agreement in Lessee's usual and PAGE -5- normal manner. However, in lieu of making such repairs and performing such restoration work, Lessor may terminate this agreement where either (a) the necessary repair or restoration work cannot reasonably be completed under applicable laws and regulations within 30 working days after it is commenced, or (b) the loss is not covered by Lessor's then existing fire and extended coverage insurance policies, provided that such policies are of an adequate and reasonable nature. If Lessor chances to terminate this agreement under the provision of this paragraph, any deposits and/or unused rent shall promptly be returned to the Lessee. ` 21. MISCELLANEOUS COST: Lessee agrees that if Lessor terminated this agreement due to Lessee being in default, Lessee will be responsible for all cost incurred by Lessor, to include, but not limited to, cost of three day pay or vacate notice and attorney consultation fees. 22. AUTHORIZED OCCUPANTS: The Lessee shall not assign this agreement sublet the premises, give accommodation to any roomers or lodgers, or permit use of the premises for business or any purpose other than a private dwelling solely for the Lessee and his/her immediate family, consisting of the following persons: NAME SOCIAL SECURITY NUMBER Lessee agrees to allow no other person(s) to live in or on premises without prior written approval of Lessor. 23. GUEST: Guests are persons not identified by Lessee in paragraph 22 of this agreement. Lessee agrees to pay Lessor $15.00 per day (after the second week) for each guest occupying premises without Lessors written permission. 24. TERMINATING MONTH TO MONTH RENTAL AGREEMENT: When Lessor or Lessee wants to end a month to month rental agreement, written notice must be given by the Lessee to Lessor, or Lessor to Lessee, so it is received by the Lessee or Lessor 20 days before the end of the rental period(the day before the rent is due). 25. CLEANING FEE: Lessee agrees to pay Lessor $35.00 an hour for cleaning or repairs made by Lessor on said premises after said premises are vacated by Lessee. However, if Lessor chooses to use professionals to clean or repair said premises, Lessee agrees to pay their costs. PAGE -6- 26. PETS: NO PETS ALLOWED!!! If a pet has been allowed in the apt/house, you will forfeit the entire Security Deposit! NO EXCEPTIONS!!! 27. INSURANCE: Lessee understands Lessor's insurance does not cover Lessee for loss of personal property, injury or any other claim. Lessor recommends that Lessee obtain "Renter's Insurance" to protect Lessee's property. 28. SPECIAL AGREEMENTS: 29. SOLE AND ONLY AGREEMENT: This instrument constitutes the sole and only agreement between Lessor and Lessee respecting said premises or the leasing of said premises and any equipment or personal property subject to this agreement to Lessee by Lessor. It correctly sets forth the obligations of Lessor and Lessee to each other as of its date. 30. Lessor and Lessee fully agree to all of the terms and conditions of t ' Rental Agree menj and have been received and executed copy thereof, on this day of �VOY 201x. NORTHWEST PROPERTY MANAGEMENT 115 N. McCORMICK ST. OLYMPIA, WA 98506 943 -3233 OFFICE RECEIVED March 5, 2002 MAR 06 2007 City of Yelm Tami Merriman 105 Yelm Ave W P.O.Box 479 Yelm, WA 98597 Dear Mrs. Merriman, Regarding the businesses located at 514 Yehn Ave and your concerns, we will be correcting the problems at this location: 1) The sanican will be removed immediately. 2) Enclosed you will find a copy of contracts for both businesses and I have highlighted on both about the restroom facilities. 3) The storage area is locked separately and the espresso stand has constant access to this area. 4) The stripping will be done ASAP (weather permitting). If you have any further questions, please contact Tom Jensen at (pager #) 360 - 971 -4713 or (cell #) 360 - 280 -2020. NorthWest Property Management COMMERCIAL LEASE This lease is made between NorthWesl Property' Management of 115 N. McCormick St. Olympia, WA 98506, herein called Lessor and Maureen Hartsell, herein called Lessee. lessee hereby offers to lease from Lessor the premises situated in the City of Yelm, County of Thurston, State of Washington described as: a portion of the Northeast corner of the parking lot of 514 Yelm Ave SE. upon the following TERMS and CONDITIONS: 1. Term and Rent: Lessor shall lease the above premises for a term of Mouth to Month at the monthly rental of Five Hundred and No/100 Dollars (S500.00), payable in equal installments in advance on the fifth day of each month for that month's rental and late on the 110. All rental payments shall be made to Lessor, at the address specified above. Rent is to be made payable and sent to: North West Property Management 115 N. McCormick St. Olympia, WA 98506 (360) 9433233 Late Fee $20.00 if rent not received by I I° 2. Use: Lessee shall use and occupy the northeast comer of the parking lot for an 8' x 12' espresso stand. The area shall be used for no other purpose. Lessor makes no representations that the premises may lawfully be used for such purpose. Lessee shall provide to lessor all approvals from the Iota) authority that they are in and maintain compliance with all local laws. Minimal storage of no mare than several boxes will be allowed in the building. Lessee shall hold Lessor harmless for any damage, theft, or destruction of stored items. Lessor carries no insurance on stored items. Items will be requires to be removed within 3 days of notice of Lessor. 3. Can and Maintenance of Premise: Lessee shall keep the premises in and around the parking area of all sides of the building free from litter and debris. Lessee shall also maintain the bathroom area and will be responsible fm cleaning and any repairs to keep the bathroom operational while they are in sole possession of this area. 4. Alterations: Lessee shall not, without first obtaining the written consent of Lessor, make any alterations, additions or improvements, in, to or about the premises. 5. Ordinances and Statutes: Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the premises, occusioted by or affecting the use thereof by Lessee. 6. Assignment and Subletting: Lessee shall not assign this lease or sublet any portion of the premises without prior written consent of the Lessor, which shall not be unreasonably withheld. Any such assignment or subletting without consent shall be void and. at the option of the Lessor, may terminate this lease. 7. Utilities: All applications and connections for necessary utility services or the leased premises shall be made in the time of Lessee of the furniture stone and Lessee shall be solely liable for utility charges if any as they become due, including those for gas, electricity and telephone services. Water, garbage and sewer shall be paid by Lessee. & Entry and Use of Bothr000: Lessee shall be permitted by lessor to enter the premises during the hours that the espresso stand is open for the sole purpose of having the use of the bathroom facility by their employes only. No bathroom access will be permitted for their patrons. No access to the building is allowed while the espresso stand is closed. The employees will be responsible for keeping the building locked and secured at all times. Use of the bathroom facilities is ncnt clusive and if new tenant or owner takes possession of the building, the use of the bathroom may be restricted to the terms of the new owner /lessee. 9. Possession: If lessor is unable to deliver possession of the premises at the conmrncemrnt hereof Lessor shall not be liable for any damage caused thereby, nor shall this lease be void or voidable, but Lessee shall not be liable for any rent until possession is delivered. Lessee may terminate this lease if possession is not delivered within 60 days of the commencement of the torn thereof. 10. Indemnification of Lessor: Lessor shall not be liable for any damage or injury to Lessee, or any other person, or to any property, occurring on the leased premises or any part thereof, and Lessee agrees to hold Lasso harmless from any claims for damages, no matter how caused. Tenant agrees to defend and hold Lessor and its agents harmless from any claim, action and/or judgement for damages to property or injury to persons suffered or alleged to be suffered on the premises by any person, firm or corporation, unless caused by Lessor's negligence. 11. losunuce: Lessee. at their expense, shall maintain public liability insurance including bodily injury and property damage inswing Lessee and Lessor with minimum coverage as follows: Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional insured. The certificate shall provide for a ten-day written notice to Lessor in the event of mediation ar material change of coverage. To the maximum extent permitted by insurance policies which may be owned by Lessor or Lessee. Lessee and Lessor, for the benefit of each other, waive any and all rights of subrogation, which might otherwise exist. 12. Eminent Domain: If the premises or any part thereof or any estate therein, or any other part of the building materially affecting Lessee's use of the premises, shall be taken by eminent domain, this lease shal I terminate on the dale when title vests pursuant to such taking. The rent, and any additional rent, shall he apportioned as of the termination date, and any rent paid for any period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any part of award for such taking or any payment in lieu therco( but Lessee may file a claim for any taking of fixtures and improvements owned by lessee and for moving expenses. 13. Destruction of Premises: In the event of a partial destruction of the premises during the term hereof, from any cause, lessor shall forthwith repair the same, provided that such repairs can be made within sixty (60) days under existing governmental laws and regulations, but such partial destruction shall not terminate this lease, except that lessee shall be entitled to a proportionate reductions of rent while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business of Lessee on the premises. If such repairs canna be made within said sixty (60) days, Lessor, at his option, may make the same within a reasonable time, this lease continuing in effect with the rent proportionately abated as aforesaid, and in the event that Lessor shall not elect to make such repairs which cannot be made within sixty (60) days, this lease may be terminated at the option of either party. In the event that the building in which the leased premises may be situated is destroyed to an extent of not less than one -third of the replacement costs thereof, Lessor may elect to terminate this lease whether the demised premises be injured or not. A total destruction of the building in which the premises may be situated shall terminate this lease. 14. Lessor's Remedies on Default: If lessee defaults in the payment of rent, or any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default and if Lessee does not care any such default within 3 days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cued within such period, if lessee does not commence such curing within such 20 days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this lease an net less than 20 days notice to Lessee. On the date specified in such notice the term of this lease shall terminate and lessee shall then quit and surrender the building being used to Lessor, but Lessee shall remain liable as hereinafter provided. If this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the premises by any lawful means and remove Lessee or other occupants and their effects. No failure to enforce any term shall be deemed a waiver. 15. Security Deposit: Lessee shall deposit with Lessor on the signing of this lease the sum of Five Hundred Dollars (5500.00) as security far the performance of Lessee's obligations under this lease, including without limitation the surrender ofpossession ofthe premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default of lessee, Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term ofthis lease .Lessor acknowledges that the sum of Two Hundred Fifty Dollars ($250.00) of the above security deposit is not refundable and will not be paid back to Lessee under any circumstance. 16. Liens and Solvency: Tenant shall keep the property on which the leased Remises are situate, free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant and hold Lessor harmless therefrom, including all costs and attorneys fees. In the event Tenant becomes insolvent, voluntarily or involuntarily bankrupt, or ifa receiver, assignee or other liquidating officer is appointed for the business ofTenanl, then Lessor may cancel this lease at Lessor's option and Tenant shall nevertheless be liable for any further losses or damages sustained by Lessor so caused by Tenant. 17. Taxes: Lessor shall pay all real estate taxes. IS. Anoney's Fees: In case suit should be brought for recovery of the premises, or for any sum due hereunder, or because of any act which may wise out of the possession of the premises, by either party, the prevailing party shall be entilled to all costs incurred in connection with such action, including a reasonable attorney's foe. The venue of any legal action brought under the terms of this lease shall be in the county in which the premises are situated. 19. Removal of Property: In the event of any reentry or taking possession of the leaved Premises for default, lessor shall have the right, but not the obligation, to remove from the leased Premises all personal property located therein, and may store the same in any place selected by Lessor, including but not limited to a public warehouse, at the expense and risk of the owners thereof with the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first to the cost of such sale, second to the payment of the charges for the storage, if any, and third to the payment of any other stuns of money which may then be due from Tenant to Lessor under any of the terms hereof, and the balance, if any, without interest to be paid to Tenant. Tenant hereby waives all claims for damages that may be caused by Lessor's reentering and taking possession of the Premises or removing and storing the property of Tenant as provided in this lease, and will hold Lessor harmless from loss, costs or damages occasioned Lessor thereby. No such reentry shall be considered or construed to be a forcible entry. 20. Waiver: No failure of Lessor to enforce any term thereof shall be deemed to be a waiver. 21. Notices: Any notice which either party may or is required to give, shall be given by mailing the same, postage prepaid, to Lessee at the premises, or Lessor at the address specified above, or at such other places as may be designated by the parties from time to time. 22. Hein, Assigas, Successors: Th is lease is binding upon and inures to the benefit of the heirs, assigns and successors in interest to the parties. 23. Subordination: This lease is and shall be subordinated to all existing and future liens and encumbrances against the property. 24. Transfer by Landlord: If Lessor shall assign its interest under this lease or transfer its interest in the Premises, Lessor shall be relieved of any obligation accruing hereunder after such assignment or transfer, and such transferee shall thereafter be deemed to be Lessor heramder. Lesser shall transfer Tenants security to such transferce and Tenant shall look solely to such transferee for the return of such deposit. 25. Entire Atimment: The foregoing constitutes the entire agreement between the parties and may be modified only by writing signed by both parties. The following Exhibits, if my, have been made a pan of this lease before the parties execution hereof: Signed this day of Doceraber, 2001. By: Maureen Hartsell, Lesser BF Nat6Wea hoperty Management. lessor COMMERCIAL LEASE This lease is made between NorthWest Property Management of 115 N. McCormick SL Olympia, WA 98506, herein called Lessor and John West, herein called Lessee. Lessee hereby offers to lease from Lessor the premises situated in the City of Yelm, County of Thurston, State of Washington described as: 514 Yelm Ave SE. upon the following TERMS and CONDITIONS: 1. Term and Rent: Lessor shall lease the above premises for a taro of two years, commencing January 1, 2002 and terminating m December 31, 2003, or sooner as provided herein at the monthly rental of Eight Hundred and N000 Dollars (5800.00), payable in equal installments in advance on the first day of each month for that month's rental, during theterm of this lease. All rental payments shall be made to Lessor, at the address specified above. Rent is to be made payable and sent to: NorthWest Property Management 115 N. McCormick SL Olympia, WA 985% (360) 90.13233 Late Fee $40.00 if rent not received by 56. Lease will terminate Wool paid by 20. 2. Use: Lessee shall use and occupy the building located at 514 Yelm Ave SE. The area shall be used as a furniture store. The area shall be used for no other purpose. Lessor makes no representations that the premises may lawfully be used for such purpose. Lessee shall provide to Lessor all approvals from the local authority that they are in and maintain compliance with all local laws. Minimal storage of no more than several boxes will be allowed in die building. Lessee shall hold Lessor harmless for any damage, theft, or destruction of stored items. Lessor carries no insurance on stored items. Items will be requires to be removed within 3 days of notice of lessor. 3. Can and Maintenance of Premises: Lessee shall keep the premises in and around the parking area of all sides of the building five from litter and debris. Lessee shall also maintain the bathroom area and will be responsible for cleaning and any repairs to keep the bathroom operational while they are in sole possession of this area. 4. Alterations: lessee shall not, without first obtaining the written consent of Lessor, make any alterations, additions or improvements, in, to or about the premises. 5. Ordinances and Statutes: Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the premises, occasioned by or affecting the use thereof by Leslie. 6. Assignment and Subletting: Lcssce shall not assign this lease or sublet any portion of the premises without prim written consent of the Lessor, which shall not be unreasonably wifhheld. Any such assignment or subletting without consent shall be void and, at the option of the Lessor, may terminate this lease. 7. Utilities: All applications and connections for necessary utility services on the leased premises shall be made in the name of Lessee only, and Lessee shall be solely liable for utility charges if any as they become due, including those for gas, electricity and telephone services. Water, garbage and sewer shall be paid by Lessee. 8. Entry and Use of Bathroom: Lessee shall permit the operator of the espresso stand and any employees to enter the premises during the hours that the furniture store is opened, for the sole purpose of having the use of the bathroom facility by their employees only. No bathroom access will be permitted for their patrons. No access to the building is allowed while the furniture store is closed. The employees will be responsible for keeping the building locked and secured at all times. 9. Possession: If lessor is unable to deliver possession of the premises at the commencenenl hereof, Lessor shall not be liable for any damage caused thereby, nor shall this lease be void or voidable, but Lessee shall not be liable for any rent until possession is delivered. Lessee may terminate this lease if possession is no delivered within 60 days of the commencement of the term thereof. 10. Indemnification of Lector. Lessor shall not be liable far any damage or injury to Lessee, or any other person, or to any property, occurring on the leased premises or any part therco( and Lessee agrees to hold lessor harmless from any claims for damages, no matter how mused. Tenant agrees to defend and hold lessor and its agents harmless from any claim, action and/or judgement for damages to property or injury to persons suffered or alleged to be suffered on the premises by any person, firm or corporation, unless mused by Lessor's negligence. 11. Insurance: Lessee, at their expense, shall maintain public liability insurance including bodily injury and property damage insuring Lessee and Lessor with minimum coverage as follows: Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional insmed. The certificate shall provide for a ten -day written notice to Lessor in the event of cancellation or material change of coverage. To the maximum extent permitted by insurance policies which may be owned by lessor or Lessee, Lessee and Lessor, for the benefit of each other, waive any and all rights of subrogation, which might otherwise exist. 12. Eminent Domain: If the premises or any part thereof or any estate therein, or any other part of the building materially affecting Lessee's use of the premises, shall be taken by eminent domain, this lease shall terminate on the date when title vests pursuant to such taking. The rent, and any additional rent, shall be apportioned as of the termination date, and any rent paid for any period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any part of the award for such taking m any payment in lieu thereof, but Lessee may file a claim for any taking of fixtures and improvements owned by Lessee and fa moving expenses. 13. Destruction of Premises: In the event of partial destruction of the premises during the term herco$ from any cause, Lessor shall forthwith repair the same, provided that such repairs can be made within sixty (60) days under existing governmental laws and regulations, but such partial dmUUCtion shall not terminate this lease, except that Lessee shall be entitled to a proportionate reductions of rent while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business of Lessee on the premises. If such repairs cannot be made within said sixty (60) days, Lessor, at his option, may make the same within a reasonable time, this Imm continuing in effect with the rent proportionately abated as aforesaid, and in the event that Lessor shall not elect to make such repairs which cannot be made within sixty (60) days, this lease may be terminated at the option of either party. In the event that the building in which the leased premises may be situated is destroyed to an extent of not less than one -third of the replacement costs thereof, Lessor may elect to terminate this lease whether the demised premises be injured or not. A total destruction of the building in which the premises may be situated shall lenminate this lease. 14. Lessor's Remedies an Default: If Lessee defaults in the payment of rent, or any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default and if Lessee does not cure any such default within 3 days, aft" the giving of such notice (a if such other default is of such nature that it cannot be completely cured within such period, if Lessee does not commence such curing within such 20 days and thereafter proceed with reasonable diligence and in goal faith to cure such default), then Lessor may terminate this lease on not has than 20 days notice to Lessee. On the date specified in such notice the term of this ]use shall terminate and Lessee shall then quit and surrender the building being used to Less", but Lessee shall remain liable as hereinafter provided. If this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the premises by any lawful mcans and remove Lessee or other occupants and their effects. No failure to enforce any term shall be deemed a waiver. 15. Security Deposit: Lessee shall deposit with Lessor on the signing of this lease die sum of Eight Hundred Dollars ($800.00) as security for the paformmm of Lessee's obligations under this lease, including without limitation the surrender of possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default of Lessee, Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term of this Imse .Lessee acknowledges that the sum of porn Hundred Dollars ($400.00) of the above security deposit is not refundable and will not be paid back to Lessee order any circumstance. 16. Liens and Solvency: Tenant shall keep the property on which the leased Premises are situate, free from any liens arising out of any work performed, mater ials famished or obligations incurred by Tweet and hold Lessor harmless therefrom, including all costs and attorneys' fees. In the event Tenant becomes insolvent, voluntarily or involuntarily bankrupt, or if receiver, assignee or other liquidating officer is appointed for the business of Tenant, then lessor may cancel this lease at Lessor's option and Tenant shall nevertheless be liable for any further losses or damages sustained by Lessor so caused by Tenant. 17. Taxes: Lessor shall pay all real estate taxes. 18. Attorney's Fees: in case suit should be brought for recovery of the premises, or for any sum due hereunder, or because of any a" which may arise out of the possession of the premises, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee. The venue of any legal action brought under the terms of this Imse shall be in the county in which the premises are situated. 19. Removal of Property: In the event of any reentry or taking possession of the leased Premises for default, Lessor shall have the right, but not the obligation, to remove from the leased Premises all personal property located therein, and may store the same in any place selected by Lesser, including but not limited to a public warehouse, at the expense and risk of the owners thereof with the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first to the cost of such sale, second to the payment of the charges for the storage, if any, and third to the payment of any other sums of money which may than be due from Tenant to Lessor under any of the terms hereof, and the balance, if any, without interest to be paid to Tenant. Tenant hereby waives all claims for damages that may be caused by Lessor's reentering and taking possession of the Premises or removing and storing the property of Tenant as provided in this lease, and will hold Lessor harmless from loss, costs or damages occasioned Lessor thereby. No such reentry shall be considered or construed to be a forcible entry. 20. Waiver: No failure of Lessor to enforce any term thereof shall be deemed to be a waiver. 21. Notices: Any notice which either party may or is required to give, shall be given by mailing the same, postage prepaid, to Lessee at the premises, or Lessor at the address specified above, or at such other places as may be designated by the parties from time to time. 22. Heirs, Assigns, Successors: This lease is binding upon and inures to the benefit of the heirs, assigns and successors in interest to the parties. 23. Subordination: This lease is and shall be subordinated to all existing and future liens and encumbrances against the property. 24. Transfer by Landlord: If Lessor shall assign its interest wider this lease or transfer its interest in the Premises, Lessor shall be relieved of any obligation seeming hereunder after such assignment or transfer, and such transferee shall thereafter be deemed to be Lessor hereunder. Lessor shall transfer Tenants security to such transferee and Tenant shall look solely to such transferee for the return of such deposit. 25. Addendum: Please note addendum dated for December 13, 2001 as part of the lease agreement. 26. Entire Agreement: The foregoing constitutes the entire agreement between the parties and may be modified only by writing signed by both parties. The following Exhibits, if any, have been made a part of this lease before the parties execution hereof: Signed this, ) s day of December, 2001. By: john est, essce - sy No est Property Management, Less