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'
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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

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EXHIBIT D-l

























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