5a Attach

[Stamp] tp3
#23zev N8 U I R H D W K5 Dz_i Vml Y A
Item Number:  _____________
Date of Meeting:  ___________ May 3, 2011
5a Attach
Item Number:     5 :1 Attach
SECOND AMENDMENT TO LEASE
BETWEEN                 ~
Date Of Meetmg'. Mav 3, 2011
PORT OF SEATrLE AND CROWLEY MARINE SERVICES 
PIERS 16/17

THIS SECOND AMENDMENT TO LEASE made as Of
,
2011, by
and between the PORT OF SEATTLE, a Washington municipal corporation, hereinafter called

"the Port," and CROWLEY MARINE SERVICES, INC., a Delaware corporation, hereinafter called

"Lessee."

WITNESSETH:

WHEREAS, the parties entered into a lease agreement dated December 23, 1999,
covering certain premises and activities by Lessee at Piers 16/17, Seattle, Washington; and

WHEREAS, the parties entered into a Reforming Amendment dated November 13, 2001,
to the December 23, 1999, lease agreement, which lease and Reforming Amendment are
collectively referred to as the "Basic Lease;" and

WHEREAS, the parties entered into a First Amendment to the Basic Lease on August 6,
2002, to design and construct a pole cap extension, with a corresponding adjustment to the
Premises boundary, adjustment to use of Premises, adjustment to maintenance and repair
obligations, and adjustment to improvements; and

WHEREAS, the parties now wish to further revise the Basic Lease as previously amended
by reducing the submerged land lease area by 13,100 square feet, effective May 3, 2011, with a
corresponding reduction in rent;

NOW THEREFORE, in consideration of their mutual promises, the parties hereby agree

as follows:


1.     The submerged land lease area referenced in Paragraph 1, LEASED PREMISES,

subsection (a), of the Basic Lease is reduced from 544,347 square feet to 531,247 square feet,

effective May 3, 2011.

2.     The total monthly rental payable by Lessee is reduced from $41,254.14 to
$40,807.32, effective May 3, 2011, based on the following calculations:

Effective May 3, 2011:
531,247  s.f.  Submerged  @  $0.40930/sf/yr = $217,439.40/yr  +  12  II $18,119.95/mo.*
Area
136,097  s.f.  Upland and  @  $2.00040/sf/yr   $272,248.44/yr  -:  12  = $22,687.37/m0.*
Pier Area
Total $40,807.32/mo.*
'plus applicable taxes.

3.     Exhibit "A-2," LEASED PREMISES, is attached hereto and incorporated herein,
superseding Exhibit "A-1

Lease 000262  Crowley Marine Services, Inc, -1 -
2"d Crowley 2nd Amendmentdocx
13/21/201 1

4.     Exhibit "8-2," LEGAL DESCRIPTION, is attached hereto and incorporated herein,
superseding Exhibit B'

5.     This lease may be subject to the applicable provisions of.the Shipping Act of 1984,

the Shipping Act of 1916, the Ocean Shipping Reform Act of 1998 and their respective
implementing regulations. If so, no future amendment or modifications to this lease shall become
effective until the appropriate procedures, if any, have been completed in accordance with the
procedures of the appropriate federal agency that has jurisdiction.

6.     Except as expressly amended herein, all provisions of the Basic Lease (as
previously amended) shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as

of the day and year first above written.

PORT OF SEATTLE,                CROWLEY MARINE SERVICES, INC.,
a municipal corporation                   a Delaware Corporation


By_
lBtsVHS/Rhona                Its
LESSOR                   LESSEE







ORLGHH""L
Lease 000262  Crowley Marine Services, Inc.        - 2 -
2"" Crowley 2nd Amendmentdocx
3/21/2011

Notary to Second Amendment to Lease
with CROWLEY MARINE SERVICES, INC.
at Piers 16/17.

STATE OF WASHINGTON )
) ss.
COUNTY OF KING )

On this      day of               20       before me, the undersigned
,            ,
notary public in and for the State of Washington, duly commissioned and sworn, personally
appeared Tay Yoshitani, to me known to be the Chief Executive Officer of the PORT OF
SEATTLE, a municipal corporation, the corporation that executed the 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 he was duly authorized to
execute the same.

WITNESS my hand and official seal hereto the day and year in this Certificate first above
written.

Notary Public in and for the State of
Washington, residing at
My appointment expires


(ACKNOWLEDGMENT FOR CORPORATE LESSEE)

STATE OF WASHINGTON )'
) ss.
COUNTY OF [S "16" )

On this  {           day of  ,9 P2211.         2011  before me,
,                                                       ,
personally appeared                                         and
to me known to be the
,
President and the                       Secretary,
respectively of the 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 they were authorized to
execute said instrument and that the seal affixed is the corporate seal of said corporation.

IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the
day and year first above written.
[(7 .
I'
Notary Public in and fo:;8i:ita;<: W2 5 smg/zgwl.'
My appointment expires '3   '
.















Lease 000262  Crowley Marine Services, Inc.       - 3 -
2"" Crowley 2nd Amendmentdocx
3/21/201 1

[Stamp] tp3
#23 L S Q X6y Io G- K6e_b F6q M7 X D
Exhibit A2
PORTION OF THE
SECTION 7 TWN. 24 N., RNG. 4 E., W.M.
KING COUNTY, WASHINGTON


--_25 27 00 _


POINT OF BEGINNING
PER EXCEPTION
,
AREA BEING REMOVED
209.80'  525'19'44"w  FROM LEASE;
13,100 sq. t
'
=

N13'17'47"w
3

62'5"
_\
MEAN HIGH WATER

TRUE  OINT OE BEGINNING
if
UPLA  AREA         I

TRUE  OINT OF BEGINNING.
SUBM  GED AREA



CROWLEY MARINE
LEASED PREMISES

[Stamp] tp3
#23e Dyy Pt5e3 W27 Rgc W O_1 M G C
Exhibit B2
[Stamp] tp3
#23 Cbfm A U1 Ldd D J E Y Yg O S X B Z B
Legal Description
Pier 17 
Lease Area 
PORTIONS OF BLOCKS A, G AND H OF THE PLAT OF FRANK'S WATERFRONT ADDITION
TO THE CITY OF SEATTLE, BLOCK 396, PLAT OF SEATTLE TIDE LANDS, INCLUDING
VACATED 11TH AVENUE SW, VACATED SW MASSACHUSETTS STREET AND ADJOINING
HARBOR AREA LYING IN THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 24
NORTH, RANGE 4 EAST, W.M. IN THE CITY OF SEATTLE, KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS: 
UPLAND AREA 
BEGINNING AT THE SOUTHWEST CORNER OF THE EASTERLY 60.00 FEET, AS
MEASURED ALONG THE NORTHERLY LINE OF SW MASSACHUSETTS STREET, OF LOT
2, BLOCK "H" OF THE PLAT OF FRANK'S WATERFRONT ADDITION TO THE CITY OF
SEATTLE; THENCE SOUTH 76 42' 13" WEST ALONG SAID NORTHERLY MARGIN OF SW
MASSACHUSETTS STREET, A DISTANCE OF 186.62 FEET TO AN INTERSECTION WITH A
LINE WHICH IS PARALLEL TO THE WEST BOUNDARY OF SAID LOT 2, BLOCK "H" AND
DISTANT 2.98 FEET THEREFROM, AS MEASURED ALONG SAID MARGIN, THENCE
NORTH 00 00' 00" EAST ALONG SAID PARALLEL LINE A DISTANCE OF 68.58 FEET TO
THE LINE OF MEAN HIGH WATER; ALONG SAID LINE OF MEAN HIGH WATER EASTERLY
AND NORTHEASTERLY TO IT'S INTERSECTION WITH THE BULKHEAD UNDER THE PIER
17 APRON; THENCE NORTH 00 00' 00" EAST ALONG SAID BULKHEAD A DISTANCE OF
356.88 FEET; THENCE NORTH 58 21' 37" EAST A DISTANCE OF 214.82 FEET TO THE
EASTERLY SIDE OF A CONCRETE BARRIER; THENCE SOUTH 00 07' 16" EAST ALONG
SAID BARRIER A DISTANCE OF 211.44 FEET TO A POINT OF CURVATURE; THENCE
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET; THROUGH A
CENTRAL ANGLE OF 25 27' 00", A DISTANCE OF 177.67 FEET; THENCE SOUTH 25 19'
44" WEST A DISTANCE OF 209.80 FEET TO A POINT OF CURVATURE; THENCE ALONG A
CURVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL
ANGLE OF 16 22' 42", A DISTANCE OF 85.76 FEET; THENCE SOUTH 41 42' 26" WEST A
DISTANCE OF 207.48 FEET; THENCE SOUTH 90 00' 00" WEST A DISTANCE OF 46.00
FEET; THENCE NORTH 00 00" 00" EAST A DISTANCE OF 75.95 FEET TO THE
SOUTHERLY MARGIN OF SW MASSACHUSETTS STREET; THENCE NORTH 76 42' 12"
EAST ALONG SAID MARGIN A DISTANCE OF 23.76 FEET TO THE WESTERLY MARGIN OF
THE VACATED PORTION OF SAID STREET; THENCE NORTH 13 17' 47" WEST ALONG
SAID MARGIN A DISTANCE OF 80.00 FEET TO THE NORTHERLY MARGIN OF 
SAID STREET AND THE POINT OF BEGINNING. 
CONTAINING: 140,185 SQUARE FEET (3.22 ACRES) 
SUBMERGED AREA 
BEGINNING AT A POINT OF INTERSECTION WITH A LINE WHICH IS PARALLEL TO THE
WEST BOUNDARY OF SAID LOT 2, BLOCK "H" AND DISTANT 2.98 FEET THEREFROM, AS
MEASURED ALONG SAID MARGIN, AND THE NORTHERLY MARGIN OF SW 
MASSACHUSETTS STREET; THENCE NORTH 00 00" 00" EAST ALONG SAID LINE A
DISTANCE OF 68.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 00 00' 00" EAST A DISTANCE OF 1226.56 FEET TO THE OUTER HARBOR LINE, 
AS RELOCATED IN 1969; THENCE NORTH 76 42' 13" EAST ALONG SAID LINE A
DISTANCE OF 548.63 FEET; THENCE SOUTH 00 00' 00" EAST A DISTANCE OF 645.76

H:\!Pos\Incoming\!WF\PIER 16 & 17\legal\Proposed Amended Pier 16 and 17 Legal Description\Proposed Amended P-17 Lease Area.docx

FEET; THENCE SOUTH 58 03' 34" WEST A DISTANCE OF 213.21 FEET TO THE
INTERSECTION WITH THE NORTHERLY PROJECTION OF THE BULKHEAD UNDER 
THE PIER 17 APRON; THENCE SOUTH 00 00' 00" EAST ALONG SAID BULKHEAD AND
IT'S PROJECTION, A DISTANCE OF 449.49 FEET TO THE LINE OF MEAN HIGH WATER;
THENCE ALONG SAID LINE OF MEAN HIGH WATER SOUTHWESTERLY TO THE TRUE
POINT OF BEGINNING. 
EXCEPT: 
THAT PORTION OF SAID SUBMERGED AREA DESCRIBED AS FOLLOWS: 
COMMENCING AT THE INTERSECTION OF SAID OUTER HARBOR LINE AND THE
EASTERLY MARGIN OF SAID SUBMERGED AREA ALSO BEING THE MOST 
NORTHEASTERLY CORNER OF SAID SUBMERGED AREA; THENCE SOUTH 00 00' 00"
EAST ALONG SAID EASTERLY MARGIN, A DISTANCE OF 320.20 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 58 03' 34" WEST, A DISTANCE OF 127.80 FEET, THENCE
SOUTH 31 56' 26" EAST, A DISTANCE OF 205.00 FEET TO SAID EASTERLY MARGIN;
THENCE NORTH 00 00' 00" WEST ALONG SAID EASTERLY MARGIN, A DISTANCE OF
241.57 TO THE POINT OF BEGINNING. 
CONTAINING: 532,130 SQUARE FEET OR 12.22 ACRES MORE OR LESS 












H:\!Pos\Incoming\!WF\PIER 16 & 17\legal\Proposed Amended Pier 16 and 17 Legal Description\Proposed Amended P-17 Lease Area.docx

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