Item No.              8l_attach1 
Date of Meeting          November 9, 2021 
FOURTH AMENDMENT TO GROUND LEASE AGREEMENT
BETWEEN
PORT OF SEATTLE
AND
DUKE'S SHILSHOLE BAY CHOWDER HOUSE LLC
AT
SHILSHOLE BAY MARINA

THIS FOURTH AMENDMENT TO GROUND LEASE AGREEMENT is made as of
_______________, 20_____, by and between the PORT OF SEATTLE, a Washington municipal
corporation, hereinafter called "the Port," and DUKE'S SHILSHOLE BAY CHOWDER
HOUSE LLC, a limited liability company, hereinafter called "Tenant,"
W I T N E S S E T H :
WHEREAS, the parties entered into a ground lease agreement dated May 11, 2017, hereinafter
called "Ground Lease," covering certain premises and activities by Tenant at Shilshole Bay
Marina, Seattle, Washington, which was subsequently amended by the First Amendment dated
January 10, 2018, the Second Amendment dated November 12, 2019, supplemented by the
Deferred Payment Plan Agreement dated May 12, 2020, and the Third Amendment dated
December 28, 2020; and
WHEREAS, the parties now wish to amend the Ground Lease to increase the size of the
Premises, Project and Property, effective December 1, 2021, with a corresponding increase in
both Construction Phase Monthly Rent and Post-Construction Monthly Rent;
NOW THEREFORE, in consideration of their mutual promises, the parties hereby agree as
follows:
1.    The Project, as defined in Section 1.23 of the Ground Lease, is hereby deleted in its entirety
and replaced with the following:
"Project" shall mean and refer to the restaurant building, kitchen, seating areas, and all
other improvements, fixtures structures, and appurtenances related thereto to be built on the
Property leased hereunder to Tenant of approximately 7,822 square feet of perimeter area
("Perimeter Area"), effective December 1, 2021, as depicted in future exhibits.
2.    Base Rent, as defined in Section 4.1 of the Ground Lease is amended effective December 1,
2021, as follows:
Construction Phase: Beginning on December 1, 2021, and until March 31, 2023, Tenant will
pay rent equal to THREE THOUSAND FIVE HUNDRED FIFTY-NINE AND 01/100                                                      Unofficial
DOLLARS ($3,559.01) per month, as calculated below:
$5.46 per SF  7,822 SF = $42,708.12 per YR  12 = $3,559.01 per MO
Post Construction Phase: Beginning on April 1, 2023, and continuing through the Term,
Tenant will pay rent equal to TWELVE THOUSAND FIVE HUNDRED FORTY-ONE AND
27/100 DOLLARS ($12,541.27) per month, as calculated below:                       Document
$19.24 per SF  7, 822 SF = $150,495.28 per YR  12 = $12,541.27 per MO
3.    All Exhibits may be replaced with exhibits that update the legal description, property
description, and revised square footage. Such exhibits and final square footage shall be provided
by Tenant to the Port by written notice in accordance with Section 28.1 no later than April 1,
2023, and subject to the Port's review and written approval.
4.    Nothing in this Fourth Amendment shall be deemed a waiver or relinquishment of any
obligations of a surety or other obligor ("Surety") under a letter of credit, bond, guaranty, or
other financial instrument (each, a "Surety Agreement") provided to the Port to secure Tenant's

obligations under the Ground Lease, and future compliance therewith, and said terms, conditions
and provisions shall remain in full force and effect. The Port expressly reserves any and all rights
against and with respect to the Surety and Surety Agreement.
5.    Except as expressly amended herein, all provisions of the Ground Lease (as previously
amended) shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment as of the
day and year first above written.
LESSOR                            TENANT
PORT OF SEATTLE                     DUKE'S SHILSHOLE BAY CHOWDER
HOUSE LLC

By _________________________________      By _________________________________
Its_______________________________         Its_______________________________

Notary to Fourth Amendment to Lease

STATE OF WASHINGTON    )
) ss 
COUNTY OF KING          )
On this _____ day of ___________________, 20_____, before me personally appeared
____________________________, to me known to be the _________________________________ of the PORT
OF SEATTLE, the municipal corporation that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that s/he was authorized to execute said instrument.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above
written.




STATE OF WASHINGTON    Unofficial)) ss                           COUNTY OF KING          )

On this _____ day of ___________________, 20_____, before me personally appeared
____________________________, to me known to be the _________________________________ of the
___________________________________, the individual/entity that executed the within and foregoing instrument
as Tenant, and acknowledged said instrument to be the free and voluntary act and deed of said individual/entity, for
the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said instrument.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above                                                              Documentwith Duke's Shilshole Bay Chowder House LLCat Shilshole Bay Marina._____________________________________________(Signature)_____________________________________________(Print Name)Notary Public, in and for the State of Washington,residing at _____________________________________My Commission expires: _________________________
written.

_____________________________________________
(Signature)
_____________________________________________
(Print Name)
Notary Public, in and for the State of Washington,
residing at _____________________________________
My Commission expires: _________________________

Fourth Amendment                                          2
POS Agreement #002989
Duke's Shilshole Bay Chowder House LLC
10/25/2021