8c attachment 2
Item No. 8c attach 2 Meeting Date: January 09 2018 Tenant will pay rent equal to THREE THOUSAND TWO HUNDRED SlX'l'lil-ZN AND NO."'00 DOLLARS ($3216.00) per month. Post Construction Phase: Beginning at Substantial Completion of the Project or August 1. 2019. whichever is earlier. and continuing tlu-ough tlte Tenn. Tenant will pay rent equal to TWELVE THOUSAND EIGHT HUNDRED SIXTY- FOUR AND NOllOtl DOLLARS (Sl 2.86-1.00)" -'l. Section 6.1 of the Ground Lease is hereby deleted in its entirety and replaced with the following: "6.1 Security. l'enant shall, upon execution ot'this Agreement. obtain. maintain and deliver to the Port :1 good and sutlicient corporate surety company bond. irrevocable shard-by letter ol'etedit. cash deposit or other security in an tunotutt equal to ONE HUNDRED SEVENTY FIVE THOUSAND AND .V'Or'ltl ($l 75.000.00) (hereinafter referred to as "Security"), to secure Tenant '5 full perfomtanee ofthis Agreement. including the payment of all fees and other amounts now or hereaer payable to the Pon hereunder. The amount. form. provisions and nature of the Security. and the identity of the surety or other obligor thereunder, shall at all times be subject to the Ports approval. '[lte Security shall remain itt place at all times throughout the full term of this Agreement and throughout! any ltoldover period. No interest shall be paid on the Security and the P011 shall not be required to keep the Security separate from its other accounts. No trust relationship is created with respect to the Security." 5. Section 8.] ofthc Ground Lease is hereby deleted in its entirety and replaced with the following: "SJ. Construction of the Project. Subject to Force Majeurc. on or before August I. 2018, Tenant shall commence the construction ot'lhc Project designed for the uses permitted by Section 10. The Project shall he of reproof construct ion according to the standards and ratings ofthe local n: insurance rating organization. lt shall be constructed in good and workmanlike manner and in accordance with the Shilshole Bay Marina Renewal and Replatxment Design Guidelines. all Legal Requirements. and with the requirements oftlie foregoing rating organization. Tenant shall obtain all necessary permits, including any discretionary permits. The plans and specications shall be prepared by a duly qualied architect (and engineer. it' necessary) licensed in the State of Washington and employed by Tenant." 6. Section 8.9 ot'the Ground lease is hereby deleted in its entirety and replaced with the following: "8.9. Diligent Prosecution ol'Construction. Alter construction is commenced. it shall be prosecuted diligently. itt accordance "ill! the Final Plans. in good worlunanlila: manner and in compliance with all Legal Requirements and pursuant to the conditions of the goyemmental appmvals. Subject only to Force Majeute. Tenant agrees on or before August I. 2019 the Project shall be substantially completed. Substantial completion ("Substantial Completion") of the Project shall be deemed to have occurred when all of the following conditions have been met" 7. Exhibits Bl. C-l. D-l and E-l are attached hereto and incorporated herein. superseding Exhibits [3, C. D and E of the Ground Lease. 8. Except as expressly amended herein. all provisions of the Ground [Jase shall remain in full Toto: and elTect. First Animation Is) PCS Agrarian moms Duke's Subunit: BI) Chowder Hans. U.L' 0|.l0220l8 IN WITNESS WHEREOF, [I'm panics heme have excoutad this" First Amondmantm oftho day and year rst above Miam- LESSOR IESSEE PORTOFSEATTLE DUKE'S SHILSHOLB BAY CHOWDER HOUSE, LIE By: By: ELWOOD INVESTMENTS LLC. 115: By: DUKE'S CHOWDER HOUSE, INC. Its: Member By 6. Duke Mona-iv, Pmidant By: J. WILLY ENTERPRISES. INC. Its; Mcmber By? John Mosu'ip, President Fa: Ann-am 3' 1105wanmm Dulw's mum: Buy cumin llomt. LLL' ammo" Notary to First Amdment to Lem With Duke's Shilsholc Bay Chowdorllousc. LLC at Shilmole Bay Marina STATE OF WASHINGTON ) comm: OF KING 355 On this before me personally appeared . 20. __ day of .mmelmownwhotlu ofthePORT OF SEATTLE. the mtmicmal corporation that executed the within and foregoing instrumem. and acknowledged said instrument to be the free and voluntary act and deed of aid corporation. for the us: and mums therein mentioned. and on oath stated that she was"9mm to extract: said instntment In WmmMIeroufl luv: hmo set my hand and afxed my ofcial seal the thy and year lint above written (Signature) (Pl int Name) Notary hiblic. in and i'or the State ofWashiwm melding at My Commissmn expires: i sun; or WASHINGTON ) ) as comm! OE KING ) On this day of .2U before me personally appeared , .tomeknowntubothc ofthc tho iixtividmt/muy that "and the within and ransom; instmmem . "Lessee, and acknowledged said nstrtunent ll) be the [rec and volumary act and deed of said mdividual/entity, for the use: and [names therein mattiorrd. and on oath stated thatsthc was atlhorizod to execute said twin-0mm. ln Witness Whom" lave hemmes'et my handand alTixed my ofcial ml the dayand year rst above writtan (Signature) CPrint Name) Notary Biblic. in and for the State ofWashitgton. raiding at My Commission expires: STATE OF \VASl-HNG'ION ) ) so COUNTY OF KING ) On this day of 20 before me personally appeared . . to me known to be the at the . the irividual/emity that scouted the within and fo-mgoing instrument _ _____ as Lessee. and acknowledged said hstmmenttn be the free andwhom act and dead ofsaid indit-ithial/entity. for the tau and puposes therein manicured. and or. out}: stated that s/he was atlhoriud to meme mid imminent. tn Wiuasa wtmear l have hereunto set my haul and mixed my ofcial seal the shy and your first above written. (Signature) (Print Name) Notary Public, in and for tho State of Washington residing at My Commission expires: Fir: Nnmmml 4 msmummom Duke's Siiblmte Bay crowds: Haas. LLL' 01502220" EXHIBIT B-l EXHIBIT 3-] PROPERTY LEGAL DESCRIPTION THAT PORTION OF LOT 12, BLOCK 18 AND VACATED WATERWAY NO, 1, REPLAT OF BALLARD TIDE LANDS ACCORDING TO THE OFFICIAL MAP ON FILE IN THE DEPARTMENT OF NATURAL RESOURCES, OLYIV'IA, WASHINGTON, SITUATED IN A PORTION OF THE NORTHWEST QUARTER OF TI-Hi SOUTHEAST QUARTER OF SECTION 3, TOWNSI-IEP 25 NORTH: RANGE 3 EAST, W.M., KING COUNTY, WASHINGTON, THE PROPERTY DESCRIBED AS FOLLOWS: COMIMENCENG AT A 4 INCH BRASS DISC FOUND-INAPLACE, STAMPED "PORT OF SEATTLE TRAVERSE STATION" HAVTNG PORT OF SEATTLE COORDINATES OF N 5334880, E 15537.29; THENCE SOUTH 04 12' 58" WEST, 603.14 FEET TO A 4 INCH BRASS DISC FOUND-IN"PLACE, STAMPED "PORT OF SEATTLE TRAVERSE STATION" HAVING PORT OF SEATTLE COORDINATES OF N 5274729, E 15492.94; THENCE SOUTH 29 53' 55" WEST, 1223.46 FEET TO THE NORTHWEST CORNER OF SAID PROPERTY AT COORDINATE POINT N 51686.66, E 14883.09; THENCE SOUTH 68 20' 55" EAST, 58.88 FEET; THENCE SOUTH 21 39= 05" WEST, 116,94 FEET; THENCE NORTH 68 21' 22" WEST, 72.96 FEET; THENCE NORTH 21 39' 05" EAST, 73.01 FEET; THENCE NORTH 63 56' 20" EAST, 20.93 FEET; THENCE NORTH 21 39' 05" EAST, 28146 FEET TO TI-E POINT OF BEGINNING, CONTAINING 8,022 SQUARE FEET, MORE OR LESS. First Amendment Exhibit B-l, p-l POS Agreemmmww Duke' 5 Shilshole Bay Chowder House, LLC 01/072018 c.9600"........... $5 .6 mum-n magm W:wewmnmw: om" EXHIBIT D-l MAI-nun Exhibit 0-1. M wasmumps w.w.Bvcbu-humw: emu: . mmWammmm
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