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1998 1009491 C0U--y � 98 MAY 20 PM 2: 22
RETURN ADDRESS: _
City of Port Angeles.
CLALLA�i COl1NTY0WA5H.
Attn: Becky Upton, City Clerk 8Y��DEPUTY
P.O. Box 1150
Port Angeles, WA 98362
DOCUMENT TITLE:
Parking Lot Lease Agreement
REFERENCE NUMBERS OF RELATED DOCUMENTS: I
F I E: D
PER
COPY
GRANTOR(S): (last, first and middle initial)
City of Port Angeles (landlord)
GRANTEE(S): (last, first and middle initial)
First Street Plaza L.L.C, a limited liability Company
of State of Washington ;tenant)
LEGAL DESCRIPTION: (abbreviated form)
Lts 2-7 Blk 14 TPR (parking lot A)
N 150' of S 160' Lts 5 & 6 Blk 1 Tidelandslbst
(barking lot B)
EXCEPT the Northwesterly 4.0 feet of Lot 7
U Enl
ASSESSOR'S PROPERTY TAX PARCEUACCOUNT NUMBER:
0630000014050000
0630000791540000
0630000791600000
AMENDMENT TO LEASE AGREEMENT
(Parking Facility)
WHEREAS; on May 19, 1998, the City of Port Angeles, a code city of the State of
Washington ("Landlord"), entered into a Lease Agreement (referred to herein as "Lease Agreement")
with First Street Plaza L.L.C., a limited liability company of the State of Washington ("First Street
Plaza"), relating to "parking facilities" located in the Port Angeles downtown central business
district; and
WHEREAS, Tine Construction Services LLC ("Tine") has succeeded to the business, rights,
title and interests of First Street Plaza;
Tine and Landlord ("the Parties") for valuable consideration enter this Amendment on this
Zj-L'
day of -Atrgnst A009 for the purposes of assigning and extending the Lease Agreement
between the Parties.
It is hereby agreed:
1. Assignment: The Lease Agreement has been assigned by First Street Plaza to Tine
Construction Services LLC. The City consents to such assignment and hereby accepts Tine as its
Tenant. Tine accepts the assignment and agrees that it is a successor in interest to First Street Plaza
L.L.C. and that it is bound by all of the obligations, duties, terms and conditions of the Lease
Agreement as the Tenant.
2. The Lease Agreement is further amended as follows:
A. The parking spaces in Lot A are located within Lots 2-6, Block 14, Townsite
of Port Angeles.
B. The Lease Agreement shall continue through the last day of July, 2014.
C. Rental rate shall be $1,872.00 per month plus leasehold excise tax (currently
12.84%) through July 31, 2010. On August 1, 2010, the rental will increase to $1,928.16 per month
plus leasehold excise tax. On August 1, 2011, the rental shall increase to $1,986.00 per month plus
leasehold excise tax. On August 1, 2012, the rental shall increase to $2,045.58 plus leasehold excise
tax. On August 1, 2013, the rental shall increase to $2,106.94 plus leasehold excise tax through July
31, 2014.
In addition to the monthly rental charge plus leasehold excise tax, the Tenant
agrees to pay the quarterly PBIA assessment.
D. Notice and Payment Addresses:
1. City: City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362
Fax No. (360) 417-4529
2. Tenant: Tine Construction Services LLC
3020 Issaquah -Pine Lake Road
Sammamish, WA 98075
Fax No. (425) 413-7801
3. Except as expressly provided above, the 1998 Lease Agreement is hereby ratified and
confirmed.
IN WITNESS WHEREOF, this lease has been executed the date and year first above written.
CITY OF PORT ANGELES
Kent Myers, Cit Manager
Attest:
City Clerk
J�a, t' uv4
Apr ved as to form:
nni C. ickson,
Senior Assistant City Attorney
Name�f_/Z/C, S &h9tA_ P-esic#ent
By:
Name:
State of Washington )
) ss.
County of Ciallam ) ' I
On this 2- ►>5 day of Aagast, 2009, personally appeared before me Kent Myers and f�}r�--l�tti+r�,
to me known to be the City Manager and City Clerk, respectively, of the City of Port Angeles, the municipal
-2-
corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said municipal 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, if any, is
the corporate seal of said municipal corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year
first above written.
,A0T �y
E)P. &21fp10
F0N1,UBuC
State MSABts )
qq ) ss.
County of rn )
Notary Public in and for the State of Washington
residing at
My commission expires: 5 - Z\ - -Lc>
On this a1 day of Amytmt, 2009, personally appeared before meEr i C -)�g r
and _ . to me known to be the President and Secretary, respectively,
of Tine Construction Services LLC, 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, if any, 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 abov
�G�P• S ' p ao
,`Q` .•pdN. fxA..
ate:• �pTAq y •�9i
0 bAUBL 1Gmoo.
' ' 2
c 1teSaJ_
Notary Public in and for the State of Washington
residing at
My commission expires:3J3 ]`ZA 1 b
- Amend to lease 073109 wpd
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cl( :,> 7
JAMES J. JAMESON, P.S.
ATTORNEY AT LAW
3409 McDougall Ave, Suite 201
Everett, WA 98201
(425)258-8444
June 11, 2009
ATTN City Attorney's Office
City of Port Angeles
P.O Box 1150
Port Angeles, WA 98362-1150
ATTN Gary Braun, Mayor
City of Port Angeles
P O Box 1150
Port Angeles, WA 98362-1150
ATTN. Becky J Upton, City Clerk
City of Port Angeles
P O Box 1150
Port Angeles, WA 98362-1150
Dear Sirs:
ILC
OM
IN l 2 2009
CITY OF PORT ANGELES
CITY CLERK
FAX (425) 258-9412
I have sent two previous letters regarding the lease renewal for the First
Street Plaza Building To date I have received no response. In an effort to try to
get this matter moving prior to the exploration of the current lease on June 30,
2009, Eric Dupar has asked me to forward you this proposed Assignment and
Extension of Lease Agreement. If it is acceptable, please have Mr Braun and Ms
Upton sign where indicated and return a signed copy to my office
If the city wishes any changes, please either make the changes, or notify me
of the changes requested so we may get this extension executed
Thank you for your anticipated prompt attention to this matter
1
Sincerely,
�l
A S JAMESON
Atto e' at Law
JJJlmmh
Enclosure
CC. Mr. Dupar
ASSIGNMENT AND EXTENSION OF LEASE AGREEMENT
(Parking Facility)
WHEREAS, On May 19,1998, the City of Port Angeles, a code city of the State
of Washington ("Landlord"), entered into a Lease Agreement (attached as Exhibit A
and referred to herein as "Lease Agreement") with First Street Plaza L.L C, a limited
liability company of the State of Washington ("First Street Plaza") relating to
"parking facilities" located in the Port Angeles downtown central business district
on the south side of Front Street between Oak and Cherry Streets and on the north
side of Front Street between Laurel and Oak Streets legally described as Lots 2-7,
Block 14, Townsite of Port Angeles, (parking lot "A"), and the North 150 feet of the
South 160 feet of Lots 5 and 6, Block 1, Tidelands west of Laurel Street, Townsite of
Port Angeles, (parking lot "B") and
WHEREAS Tine Construction Services LLC ("Tine") has succeeded to the
business, rights, title and interests of First Street Plaza
Tine and Landlord (the Parties) for valuable consideration enter this
Agreement for the purpose of assigning and extending the Lease Agreement
between the Parties.
It is hereby agreed -
A ASSIGNMENT The Lease Agreement has been assigned by First Street Plaza to
Tine Construction Services LLC The City consents to such assignment and hereby
accepts Tine as its Tenant Tine accepts the assignment and states that it is a
successor in interest to First Street Plaza L L C and is bound by all of the obligations,
duties, terms and conditions of the Lease Agreement as the Tenant
B EXTENSION The Lease Agreement shall continue through the last day of July,
2015. The Tenant is given the option to extend the Lease Agreement for an
additional Ten years through the last day of July, 2025. This option must be
exercised by giving written notice of Tenant's intent to exercise this option to the
City not later than December 31, 2014. This option may be exercised only if the
Tenant is in full compliance and is not delinquent in any respect to in the
performance of obligations under the Lease Agreement.
C. COMPLIANCE. As of the signing of this Assignment and Extension of Lease
Agreement, the Tenant is in full compliance with and is nai delinquent, in any
respect, regarding its performance and obligations under the Lease Agreement
D Notice and Payment Addresses-
1 Landlord: City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362
Fax No (360) 417-4509
Tenant. Tine Construction Services LLC
3020 Issaquah -Pine Lake Road
Sammamxsh, WA 98075
Email esdupar@msn com
Phone No (425) 413-7800
Cell No (425) 417-8800
Fax No (425) 413-7801
E. RENTAL RATE The monthly rental rates for the Term of the lease shall be as
follows
-
1 June 1. 2009 through July 31, 2010 a rental rate of $1, 790 00 per rnonth.
2 August 1. 2010 through July 31. 2015 a rental rate of $1,969 00 per month.
F NO OTHER CHANGE. Except as expressly provided above, the Lease Agreement
remains the same
IN WITNESS WHEREOF, this lease has been executed the date and year first above
written
CITY OF PORT ANGELES
Gary Braun, Mayor
TINE CONSTRUCTION SERVICES L L C
By
Name Eric Dupar, Manager
Attest
Becky J Upton, MIVIC, City Clerk
State of Washington )
) ss.
County of Clallam ]
On this day of _ 2009, personally appeared before me Gary Braun
and Becky J Upton, to me known to be the Mayor and City Clerk, respectively, of the
City of Port Angeles, 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 municipal 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, if any, is the corporate seal of said municipal
corporation
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public in and for the State of Washington
residing at
My commission expires
State of Washington )
) ss
County of Snohomish)
T�
On this $ day of Jv�l 2009, personally appeared before me
'�'- fI / c - - Ov amp to me known to be the Manager of Tine Construction
Services L L C , the Limited Liability Company that executed the within and
foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said Limited Liability Company, for the uses and purposes
therein mentioned, and on oath stated that he was authorized to execute said
instrument
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the
d and r-first above written
ota lic in and for the State of Washington
residing at J MES J JAMESON
My commission expires 2/7- /"5
VAM OF WASHiNC1-ON
G \Legal_Backup\LEASES\Dupar-Amend to Lease 112305 wpd
NOTARY - • - PUBLIC
KW r-C*AMt9V0N E-XP1M-S 09 02 CO
ORT NGELES
WASH l N GTON, U. S.A.
PUBLIC WORKS & UTILITIES DEPARTMENT
November 15, 2000
Bank of America
Bellevue Private Banking Branch
Bellevue, WA
RE: Assignment of Saving Funds Release First Street Plaza LLC
Pursuant to the terms and provisions of the Assignment of Funds and the Lease Agreement
attached hereto, First Street Plaza obligations under the City of Port Angeles Off-street Parking
Ordinance and Lease Agreement have been met. The deposited amount of $35,000 U.S. into
Bank of America, Bellevue Private Banking Branch, Savings Account No. 687100102 may be
released to First Street Plaza LLC (Assignor) upon receipt of this letter.
Sincerely,
Gary W. toKrthy, P.E.
City Engineer
Deputy Director of Engineering Services
GK:tf
Copy: Building
Trenia
First Street Plaza LLC
N: PWKSENGINEER\BLDGCRSP\dshsprk 1
File: Address
321 EAST FIFTH STREET • P. 0. BOX 1 150 • PORT ANGELES, WA 98362-0217
PHONE: 360-417-4805 • FAX: 360-417-4542 0 TTY: 360-417-4645
E-MAIL: PUBWORKS agCI.PORT-ANGELES.WA.US
AGREEMENT FOR
ASSIGNMENT OF FUNDS
This ASSIGNMENT OF FU:YDS is entered into between FIRST STREET PLAZA
LLC ("Assignor"), the CITY OF PORT ANGELES ("Assignee" or "City"), and Bank of
America with respect to the City's Off -Street Parking Ordinance and that certain LEASE
AGREEMENT (Parking Facility) dated May 19, 1998.
WHEREAS, Assignor has nearly completed construction of the downtown building at
the northwest comer of First and Oak Streets, Port Angeles, ("building'j, which is leased to the
State of Washington Department of Social and Health Services ("DSHS"); and
WMREAS, Assignor bas requested the City's Building Official to grant permission for
temporary occupancy of the building, even though the parking spaces required by the City's Off -
Street Parking Ordinance, Ch. 14.4011AMC, bave not been fully completed; and
WHEREAS, PAMC 14.40.1 50B allows the City to grant temporary occupancy in such
circumstances, provided that an improvement bond acceptable to the City Engineer and City
Attorney as to form and amount is po gted in the amount of the estimated value of the
construction of the facilities; and
WHEREAS, Assignor and Assignee have entered into a Lease Agreement, which at
Paragraph 15 obligates Assignor for barking facilities reconfiguration costs and expenses not to
exceed $35,000; and
WHEREAS, in satisfaction of Assignor's obligations under the City's Off -Street Parking
Ordinance, the City is willing to accept this Assignment of Funds, which provides for Assignor
to deposit $35,000 in a bank account to be assigned to Assignee according to the terms ofthis
Agreement;
KELLMLRotmACk L.L.P.
Sum 3200
1201 THRD A>EWe
SEATILE, Wxsmxrrox 98101-3052
- 1 - (206) 623-1900
NOW, THEREFORE, in consideration of the promises and agreernents stated herein,
the parties agree as follows:
1. Deposit of Funds.
Within 72 hours of the date of full execution of this agreement by the parties,
Assignor shall deposit S35,000 U.S. into Bank of America, Bellevue Private
Banking Branch, Savings Account No. 68710102 to be held for the benefit of
Assignor and Assignee pursuant to the terns and provisions of this Assignment of
Funds and the Lease Agreement attached hereto.
2. Purpose of Deposit.
The purpose of the deposit of funds is to secure Assignor's obligations under the
City's Off -Street Parking Ordinance to provide the required parking spaces to
allow temporary occupancy of the building and under Paragraph 15 of the Lease
Agreement to pay not wore than $35,000 of the costs of reconfiguration of the
parking facilities according to the Lease Agreement.
3. Release of Funds.
a. The funds ($35,000) shall be released by Bank of America to Assignee in
the event Assignor fails to complete the reconfiguration of the parking
facilities in accordance with the terms of the City's Off -Street Parkin
Ordinance and the Lease Agreement. All interest earned with respect to
the deposit of fiends shall be refunded to Assignor.
b. The funds ($35,000) shall be .released to Assignor in the event that the
parking lot configuration is completed in compliance with the City's Off-
K6(,tZILPLOMACK L.L.P_
SurriE 3200
1201 THM AvENUe
SeATci..s, %ASffNGrarf 9&101-3052
- 2 - (206)623-1900
Street Parking Ordinance and the Lease Agreement together with all
interest earned on such account.
4. Excess Costs and Expenses.
The parties understand and agree that Assignor has the obligation under the Lease
Agreement to complete the reconfiguration of the parking facilities in accordance
with the Lease Agreement for a cost not to exceed $35,000. Upon completion of
the reconfiguration of the parking facilities as so defined in the Lease Agreement,
the entire $35,000 plus earned interest is to be released to Assignor. Only the
funds necessary to complete Assignor's obligations under the existing Lease
Agreement shall be available for release to Assignee. If the cost to complete the
reconfiguration project as originally proposed is less than $35,000, the only funds
to be released to Assignee hereunder shall be those necessary to complete the
reconfiguration project according to the Lease Agreement.
5. Binding Obligation.
The parties understand and agree that this Assignment of Funds agreement shall
be binding upon their respective successors and assigns. The Assignment of
Funds *together with tb.- terms of the City's Off -Street Parking Ordinance and the
Lease Agreement constitute the entire understanding and agreement of the parties
regarding the subject matter referred to herein.
6. Temporary Parking Stalb.
The parties have agreol to a temporary plan for restriping the parking stalls at the
existing parking lot as set forth on the attached Exhibit B. Assignor agrees to
restripe the parking lot in accordance with said plan at his sole cost and expense,
KELLER RouR encK L-L-P-
Surre 3200
1201 THRv AVENuH
SEATrLri, WA-qmGToN 98101-3052
- 3 - (206)623-1900
which amounts shall not be applicable to the $35,000 obligation required under
Paragraph 15A of the Lease Agreement. The temporary plan is necessary to
permit issuance of Temporary Certificate of Occupancy to First Street Plaza
LLC (Tenant), which issuance may occur upon notice to the City by the Bank of
America that Assignor has deposited $35,000 in accordance with Paragraph 1 of
this Agreement. In no event shall the temporary plan or this Assig meat of Funds
extend beyond one year from the date hereof.
7. Enforcement.
This Assignment of Funds shall be interpreted and enforced in accordance with
the laws of the State of Washington. In the event of litigation necessary to
interpret or enforce this A.ssigzunent of Funds, the prevailing party shall be
entitled to an award of reasonable attorneys flees, and all costs actually incurred in
such litigation in addition to any judgment or equitable relief awarded in such
proceeding.
Dated this Z'� 'day of 1999.
KELLEP-ROMBACKL.LB.
Sux E 3200
12011HIRD Avenue
SEAr[Le, WAswNGrom 98101-3052
- 4 - (206)623-1900
-Nov-24-99 12:93F P.01
CITY OF PORT ANGEL.ES
E--
FIRST STREET PLAZA LL,C
LIMITRA LIABI- LITY CORPORA -PION
By
Emir A.. �AJ Act
Its .. ff4.A- - - -- - -- -
MANAGfNG AOEW
BANK OF AMERICA
a`Y }
Its J
FJMlAaR'Je1W,%CK I +-C.
. --i-tt 32Ut1
12DI TJURDAvr.M M
SUAM.r; tiYpARMTon 9SLOI-3052
i - MW623.1900
NGELES
t
March 10, 2000
Mr.. Eric S. Dupar,
First Street Plaza L.L.C.
22200 60' Ave., #800
Seattle, WA 98121
Re: Rent Due City of Port Angeles - -
Lease Agreement for Parking Facility
Dear Mr. Dupar:
As a follow-up to our telephone conversation earlier this week; this letter is intended to clarify
the rent due the City of Port Angeles' in conjunction with the parking facility lease agreement
entered. into as of May 19, 1998, and amended as of May 17, 1999.
Arla Holzschuh, Executive Director of the Port Angeles Downtown Association, was kind enough
to assist us in calculating the amount due for parking spaces utilized during construction. A copy
of her letter delineating the leased spaces during construction is attached for your reference.. An
invoice reflecting the amount of $3,252.69 will be forwarded to you under separate cover in the
near future.
In accordance with the lease agreement, you were required to make a prepaid rent payment in the
amount of $1,790.00 to be applied to the rent due for the first month'of the lease. The City
received this payment on January 22, 1999,-and that amount was applied to the first month you
took possession, which was December 1, 1999. You then made a lease payment earlier this week
for the months of January, February, and March, 2000. As you requested, the City will now begin
invoicing you on a monthly basis for the lease payments due no later than the first of each month:
The next payment due, therefore, will be April 1., 2000, and the invoice for that amount will also
be forwarded to you under separate cover in the near future.
Please contact me if I can provide any further assistance. I can be reached at 360-417-4634.
Sincerely yours,
Becky J. Up n, SIC
City Clerk/Management Assistant
32-1 EAST FIFTH STREET a P. O BOX -1 150 • PORT ANGELES, WA 98362-0217
PHONE: 360-417-4500 0 FAX: 360-417-4509 0 TTY: 350-417-4645
E-MA1L: CITYMGR a@CI.PORT-ANGELES.WA.US
PO Box 582
March 8. 2000
3C2IN
CCER�`
Port Angeles Downtown Association
Port Angeles, WA 98362 (360) 457-9614 Fax (360) 457-0138
Becky Upton; City Clerk
City of Port Angeles
PO Box 1150
Port Angeles, WA 98362
RE: First Street Plaza staging area parking
Dear Becky
a R R 9 W1
MAR - 8 2000
CITY OF PORT ANGELES
CITY CLERK
The May 19, 1998 Lease Agreement between the City of Port Angeles and First Street
Plaza LLC, approved by the Port Angeles Downtown Association which has a
cooperative agreement with the City for operation of Downtown parking lots, provides an
agreement of One Thousand Seven Hundred and Ninety Dollars ($1790.00) per month
for lease of 104 parking spaces which includes Two Hundred Three Dollars and Sixty-
eight Cents ($203.68) leaseho'.•d excise tax. According to this agreement each parking
space has a lease rate of $17.2: per month (S15.25 per space plus $1.96 leasehold excise
tax).
To facilitate construction of the First Street Plaza building, an amendment dated May 17,
1999 was added to the original May 19'�, 1998 agreement to provide a leased staging area
during construction. Due to configuration of the staging area, ingress/egress for vehicles
was blocked at the southerly end of the lot requiring a fire lane and turnaround area for
safety. The staging area and the area for safety requirements occupied a total of 27
spaces, located as follows:
2 spaces located in the first parking bay west of Copies Plus (Bay 1), for fire lane.
5 spaces in Bay I for fire vehicle access and turnaround area for parked vehicles-
6 spaces in Bay 1 fenced off for part of the staging area.
14 spaces in Bay 2 fenced for staging area.
The 27 parking spaces were leased from May through November 1999. Each space was
leased at the same rate as the original contract, Seventeen Dollars and Twenty-one Cents
($17.21), per month, which includes One Dollar and Ninety-six Cents ($1.96) leasehold
excise tax.
M
Leasing cost of the 27 spaces is Four Hundred Sixty-four Dollars and Sixty-seven Cents
($464.67) per month, (27 x $17.21). Total for seven months occupancy is Three
Thousand Two Hundred and Fifty-two Dollars and Sixty-nine Cents ($3252.69) which
includes Three Hundred and Seventy Dollars and Forty-four Cents ($370.44) leasehold
excise tax_ This total cost for seven months is only for the area actually used for staging.
The availability and usage of the 104 parking spaces commenced December 1, 1999,
If there are any questions regarding the staging area please do not hesitate to contact me
at 45 7-9614.
Sincerely yours.
41 C� 4� ca
Arla Holzschuh
Executive Director
• ORT NGELES
WASH I N G T O N, U.S.A.
CITY MANAGER'S OFFICE
May 28, 1999
Eric S. Dupar
First Street Plaza L.L.C.
2200 6th Ave., #800
Seattle, WA 98121
Re: Amendment to Lease Agreement for Parking Facility
Dear Mr. Dupar:
Enclosed for your file is a fully executed and recorded Amendment to Lease Agreement for
Parking Facility.
If I can be of any assistance, please feel free to contact me. I can be reached at 360-417-
4634.
Sincerely yours,
Becky J. Upton, CMC
City Clerk/Management Assistant
Enclosure
321 EAST FIFTH STREET • P. O. BOX 1 150 • PORT ANGELES, WA 98362-0217
PHONE: 360-417-4500 • FAX: 360-417-4509 0 TTY: 360-417-4645
E-MAIL: CITYMGR@CI.PORT-ANGELES.WA.US
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8yj�•UEPUTY
RETURN ADDRESS: City of Port Angeles,
P.O. Box 1150
Port Angeles, WA 98362
DOCUMENT TITLE: Amendent to Lease Agreement
Parking Facility
NUMBERS OF RELATED DOCUMENTS:
LEASOR: City of Port Angeles
LEASOR: First Street Plaza L.L.C.
LEGAL DESCRIPTION: Portions of Downtown Parking Lot contained in
the North half Blk 14 TPA
ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER:
AMENDMENT TO
LEASE AGREEMENT
(Parking Facility)
THIS AMENDMENT to the May 19, 1998, Lease Agreement between the City of Port Angeles
and First Street Plaza L.L.C. is entered into this /7L'-- day of No, Sf .1999.
Representations.
The parties have agreed to revise the commencement and termination dates for the term of
the Lease.
2. The parties have also agreed to revise the provision of the Lease dealing with the
reconfiguration of the parking facilities and staging area.
3. State law requires that the amount of the leasehold excise tax be specified in the lease.
Agreements.
In consideration of the above representations and the covenants and agreements set forth below, the
parties hereby agree as follows:
1. Paragraph 3 (Term) of the May 19, 1998, Lease Agreement is hereby amended to read
as follows:
3. Term. The Lease shall be for a term of ten (10) years, commencing on June 1, 1999
and terminating on July 31, 2009.
2. Paragraph 11 (Taxes) of the May 19, 1998, Lease Agreement is hereby amended to read
as follows:
11. Taxes. Landlord shall pay all taxes, including the leasehold excise tax of 12.84%
or $203.68 per month, assessments, liens, and license fees ("taxes") levied, assessed or
imposed by any authority having the direct or indirect power to tax or assess any such liens,
by reason of Tenant's use of the parking facilities, provided that this section shall not apply
to the costs and expenses of the parking facility reconfiguration set forth in Section 13.
3. Paragraph 15 (Reconfiguration of Parking Facilities and Staging) of the May 19, 1998,
Lease Agreement is hereby amended to read as follows:
15. Reconfiguration of Parking Facilities and Staying.
A. Tenant shall, at Tenant's sole cost and expense, be responsible for the work
involved to reconfigure the parking facilities to allow for the parking and necessary lighting
under this lease. Upon completion of such work, all the expenses to maintain the spaces shall
be the sole cost of the Landlord. The reconfiguration shall be in accordance with a mutually
agreed upon detailed plan and bid; provided, however, that the bid to reconfigure the parking
facilities shall not exceed $35,000.
.1
B. Tenant shall have the right to use a portion of parking lot "A" for the staging
of construction equipment and materials during Tenant's renovation and addition to the
existing former J.C. Penney building located south of parking lot "A"; provided, however, that
this right shall be conditioned upon the following:
1. Tenant must have executed a binding agreement and/or lease with DSHS
for the above -referenced office building development; and
2. Tenant's staging of construction equipment and materials shall be for a
period of not to exceed 90 days from the beginning of construction unless the parties have
mutually agreed to an extension of said 90-day period; and
3. Tenant shall not impede the existing tenant's parking in portions of Parking
Lot "A" that are not designated and being used for staging of equipment and materials; and
4. Tenant's staging shall be limited to the east one-third of the portion of
parking lot "A" that is shaded and designated "RESERVED FOR D.S.H.S." on the attached
Exhibit "A" plus a 35 x 50 foot area lying north and east of the southeast corner of the area
described above as shown on the attached Exhibit "A".
C. In the event that Tenant or any entity working on behalf of Tenant damages
any portion of the parking facilities and does not reconstruct the damaged area during the
parking facility reconfiguration set forth in Section 15, Tenant shall repair the damage to the
same or better condition.
D. Tenant shall defend and hold Landlord and its agents harmless from any claim,
action, and/or judgment for damages to property or injury to persons suffered or alleged to be
suffered during said reconfiguration or staging, and Tenant shall provide for owner's and
contractor's protective insurance and commercial general liability insurance against claims for
injuries to persons or damage to property, which may arise from or in connection with said
reconfiguration or staging, with minimum limits of $1,000,000 for each injury and $1,000,000
for all injuries from a single accident, with the Landlord and PADA named as additional
insureds.
IN WITNESS WHEREOF, this Lease Amendment has been executed the date and year first
above written.
CITY OF PORT ANGELES
By 4
Gary' Braun; ay r
-wana! 4,
ME W�_.Nfflnmft.
FIRST ST T PLAZA L.L.C.
By
5 d ,Pmstden
,Secretary
K
PORT ANGELES DOWNTOWN
ASSOCIATION
By A�Z�
Eileen Knight resident
State of Washington )
) ss.
County of Clallam )
On this day of , 1999, personally appeared before me Gary Braun and Becky
J. Upton, to me known to be the klayor and City Clerk, respectively, of the City of Port Angeles, 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 municipal 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, if any, is the corporate seal of said municipal corporation.
IN WITNESS WHEREOF�� i iy hand and affixe& my official, seal the day and year
first above written.
NpTAR yc
Notary Pu lic in and for the State of Washington
m : OUBLIG a
00
•!'�,� eq �0 residing at ¢
//�F ••Yak •� �so��� My commission expi es: 7
//i,,p PW i
State of Washington )
) ss.
County of Clallam
On this day of 1999, personally appeared before me
�Er i c. S .,D"ah and , to me known
to be the and respectively, of First Street
Plaza L.L.C., 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, if any, 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.
Va
V: �10TaR�
B� PUBLIC 4 a-
00
poi
i
Notary Pu ' for the State of Washington
residing at S
My commission expir
V 14,
'C
State of Washington )
) ss.
County of Clallam )
On this day of m , 1994, personally appeared before me Eileen Knight, to me
known to be the President of the P(-t Angeles Downtown Association, the association that executed the
within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and
deed of said association, for the uses and purposes therein mentioned, and on oath stated that she was
authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said
association.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year
first above written.
ooaeo•°
O �O °�°�'SSION FAA o�jOA '
•`'
p
b U tAOTARy �Ne i11 o Q otary Public forth tate of Washington
9
4 o: PUBLIC ; � residingat w
a1 •0� 0-2My commission expires' v a D
AAAWKG.2 OP O SN a .
4
r19 PUBLIC SPACES
® I I 34 1st FED. SPACES
67 D.S.H.S. SPACES
I 88 EXISTING
COPIES PLUS
L120 PROPOSED
S I z
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c—�— — — — — — — ---� ----
I I I
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CITY OF PORT ANGELES SCALE
PUBLIC WORKS
0 40 PARKING LOT A
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,ot i.ntP 0_ / / av c nn nta. ;i / / o D1
LEGAL
DEPARTMENT
William E. Bloor
City Attorney
[4531 ]
Dennis Dickson
Sr. Assistant City
Attorney
[4532]
Heidi L. Greenwood
Assistant City Attorney
[4562]
Candace Kathol
Legal Assistant
[4536]
Diana Lusby
Legal Administrative
Assistant
[45301
Jeanie DeFrang
Legal Administrative
Assistant
[45301
Randi Felton
Legal Records
Specialist
[4576]
0+1. 5V
i -, P ORT NGELES,
WASH I N G T O N, U.S.A.
TO: Becky Upton, City Clerk
FROM: Dennis C. Dickson, Senior Assistant City Attorney
DATE: July 18, 2008
RE: First Street Plaza. LLC (Dupar) Parking Lot Lease
Attached for your records is a copy of the re -recorded parking lot lease. As we
discussed, the legal description has been amended to include an exception as to
the northwesterly 4.0 feet of Lot 7.
iL-0�
nnis C. Dickson
Senior Assistant City Attorney
Attachment
DCD\dl
G \LEGAUN EMOS 2008\Up[on 071808 Dupar Lease wpd
o+ - ::) V
CLALLAM TITLE COMPANY
July 16, 2008
City of Port Angeles
Attn: Dennis Dickson
P.O. Box 1150, 321 E. 5t' Street
Port Angeles, WA 98362
Re: Order 102475
City of Port Angeles/Cherry Hill Associates
Dear Dennis:
JUL 1 7 2008
PORTANGELESLEGAL OEPART4,
With reference to the above mentioned order, I have attached a copy of the re -recorded
Parking Lot Lease Agreement. Please keep this copy for your records and if you have
any questions do not hesitate to contact me.
Thank you for your assistance with this transaction.
Sincerely,
Clallam Title Company
Tracey 1V
Title Off]
Enc.
P.O. Box 248 •204 South Lincoln, Port Angeles, WA 98362
Phone (360) 457-2000 Fax (360) 457-9330 1-800-822-5758
;>-r TF
2008-1223818 i
Page 1 of 11 Agreement
Clallam Title Company
Clallam County Washington 07/14/2008 10 58 25 AM
■III MI. I411 vy. N 11111
WHEN RECORDED RETURN TO:
City of Port Angeles
Attn: Becky Upton, City Clerk
P.O. Box 1150
Port Angeles, Wa 98362
IMWII -lid
DOCUMENT TITLE(S):
Parking Lot Lease Agreement
REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED:
Re-record of Auditor's File No. 1998 1009491 to amend the legal description
GRANTOR:
City of Port Angeles, a municipal corporation
GRANTEE:
First Street Plaza, LLC, a limited liability company
ABBREVIATED LEGAL DESCRIPTION:
Lots 2 — 7 Blk 14 TPA EXCEPT the Northwesterly 4.0 feet of Lot 7 ( parking lot A)
N 150 ` of S 160 ` Lts 5 & 6 BLK 1 Tidelands West ( Parking Lot B)
TAX PARCEL NUMBER(S):
063000 001405 ( EXC the NW 4 feet of Lot 7 )
063000 079154
063000 079160
LPB 01-05
H' :.U,-Lh Kc�Ur,E, .:1 id: nL !,.L.3f
Ct3"2m 1998 1009491 98 MAY 20 PM 2: 22
co��
RETURN ADDRESS: c�._�___
ii C h F OS' L' R. AUDITOR
City of Port Angeles. CLALLAM COUNTY. WASH.
Attn: Becky Upton, City Clerk 8Y_ K�-f DEPUTY
P.O. Box 1150
Port Anqeles, VIA 98362
DOCUMENT TITLE:
Parking Lot Lease Agreement
REFERENCE NUMBERS OF RELATED DOCUMENTS: ,� 7 IFIED
COPY
GRANTOR(S): (last, first and middle initial)
City of Port Angeles (landlord)
GRANTEE(S): (last, first and middle initial)
First Street Plaza L.L.C, a limited liability Company
of State of Washington (tenant)
LEGAL DESCRIPTION: (abbreviated form)
Lts 2-7 Blk 14 TPA?"(parking lot A)
N 150' of S 160' Lts 5 « 6 Blk 1 Tideland0bst
(barking lot B)
-; EXCEPT the Northwesterly4.0 feet of Lot 7 �+
1rr � �'1
ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER:
0630000014050000
0630000791540000
0630000791600000
LEASE AGREEMENT
(Parking Facility)
THIS LEASE AGREEMENT ("Lease") is entered into this ��day of 1998, between
the City of Port Angeles, a code city of the State of Washington ("Landlord") and First Street Plaza L.L.C.,
a limited liability company of the State of Washington ("Tenant").
1. The Landlord owns and operates "parking facilities" located in the Port Angeles downtown
central business district on the south side of Front Street between Oak and Cherry Streets and on the north
side of Front Street between Laurel and Oak Streets legally described as Lots 2-7, Block 14, Townsite of
Port Angeles, (parking lot "A"), and the North 150 feet of the South 160 feet of Lots S and 6, Block 1,
Tidelands west of Laurel Street, Townsite of Port Angeles, (parking lot "B"). �-
*EXCEPT the Northwesterly 4.0 feet of Lot 7 7yj��(
2. The Tenant desires to lease one hundred and four (104) parking spaces ("spaces") in the parking
facilities in order to promote parking for an adjacent downtown building at the northwest comer of First
and Oak Streets, which Tenant is developing as offices for the State of Washington Department of Social
and Health Services ("DSHS").
3. The Tenant only needs the described property spaces during weekday business hours from 7:00
a.m. to 6:00 p.m.
4. This Lease has been approved by the Port Angeles Downtown Association ("PADA"), which
has a cooperative agreement with the City of Port Angeles for the operation of downtown parking facilities.
Awls.
In consideration of the above representations and the covenants and agreements set forth below, the parties
hereby agree as follows:
1. 1.eased Soaces. Landlord agrees to lease to Tenant the one hundred and four (104) parking
spaces in parking lots "A' and "B" as shaded and designated "reserved for DSHS" on the attached site plan,
which is attached hereto as Exhibit A and is incorporated herein by this reference. The spaces shall be
leased for weekday business hours from 7:00 a.m. until 6:00 p.m. and shall not be leased during all other
periods including state holidays. The spaces are to be reserved for Tenant or for Tenant's subtenant as set
forth herein. If the DSHS parking requirements are reduced, then the number of spaces reserved to Tenant
shall be reduced on a pro rats basis and the rental amount set forth in Section 5A shall be reduced on a pro
rats basis.
2. R la 6o s ip to DSHS Lease. This lease shall not take effect unless Tenant and DSHS have
executed a binding agreement and/or lease for the above -referenced office building development.
3. Term. The Lease shall be for a term of ten (10) years, commencing on August 1, 1998 and
terminating on July 31, 2008 or on such earlier or later dates as may be specified by written notice by
Tenant to Landlord advising Landlord that the spaces are ready for possession in accordance with Section
13 and specifying the revised commencement date, which shall not be more than thirty (30) days following
the date of such notice.
4. Option to Renew. Tenant shall have the right to renew this lease for one additional five (5)
year period, provided, however, that such renewal is necessary for parking associated with the DSHS offices
as set forth in Section 4; provided further that the rental amount for the five year renewal shall be subject
to renegotiation; and provided further that Tenant shall provide written notice of intent to renew to Landlord
within ninety (90) days of the termination date.
5. R§M
A. The monthly rent ("Rent") shall be One Thousand Seven Hundred Ninety Dollars
($1,790.00) for a yearly total of $21,480. Rent shall be payable in advance or on the first day of each month
of the Lease term in United States currency to Landlord at Landlord's address shown in Section 7 or such
other place designated in writing by Landlord. Payments for any partial month at the beginning or end of
the Lease term shall be prorated. If any rent payable by Tenant to Landlord under this Lease is not received
by the fifth (5th) day of each month, Tenant shall pay Landlord in addition to the amount due an amount
equal to the greater of One Hundred Dollars ($100.00) or five percent (5%) of the delinquent amount.
B. Upon execution of this Lease, Tenant shall deliver to Landlord the sum of One
Thousand Seven Hundred Ninety Dollars ($1,790.00) as prepaid rent to be applied to the rent due for the
first month of the Lease.
6. Permitted Use. The spaces shall be used only for parking associated with the DSHS offices
that Tenant is developing in the adjacent downtown building at the northwest comer of First and Oak Streets
and for no other purpose without the prior written consent of Landlord, which consent may be granted or
denied based on Landlord's sole discretion. Landlord shall have the right to use such spaces for any other
purpose that does not interfere with Tenant's permitted use.
r .� . 5.W. OR :.,r:r
A. Landlord: City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362-1150
Fax No. (360) 417-4509
B. Tenant: First Street Plaza L.L.C.
2200 8th Avenue, Suite 800
Seattle, WA 98121
Fax No. (206) 728-9006
8. Operating -osts/Ingr ss and Egress. It shall be the sole responsibility and at the sole cost
of the Landlord to maintain the spaces being leased under this agreement and to provide for the
unobstructed ingress and egress on and/or into the parking facilities and each of the spaces during the term
of this lease and any subsequent extension, revision, and/or renewal thereof.
2
A. If Tenant shall materially breach any of the covenants or agreements herein contained,
and such failure continues for thirty (30) days after written notice from Landlord, unless appropriate action
has been taken by Tenant in good faith to cure such failure, Landlord may terminate the lease and may lease
or otherwise transfer the premises, and Tenant shall forfeit all improvements made to the premises by
Tenant and shall be liable to Landlord for all unpaid rent up to the date of termination. Rent being
delinquent more than thirty (30) days shall constitute a material breach of this Lease.
B. If Landlord shall materially breach any of the covenants or agreements herein
contained, and such failure continues for thirty (30) days after written notice from Tenant, unless
appropriate action has been taken by Landlord in good faith to cure such failure, Tenant may terminate the
lease and Landlord shall be liable for all rent paid by Tenant on a pro-rata basis from the date of notice of
default, or in the alternative, Tenant may rectify any such breach that Landlord has failed to cure within said
thirty (30) day period and Landlord shall reimburse Tenant for all necessary and reasonable costs associated
therewith within thirty (30) days of receiving notice from Tenant to do so, provided that Tenant shall obtain
three bids and award the work to the lowest responsible bidder.
10. Assignment and Subletting. Tenant's right to assign, sublet, or otherwise transfer any of
Tenant's interest in this lease or any part of these spaces shall be exercised only with the prior written
consent of the Landlord, which consent may be granted or denied based on the Landlord's sole discretion-,
provided, however, that it is understood and Landlord acknowledges that the Tenant has the right to assign,
sublet, or otherwise transfer any of Tenant's interest in this lease to the State of Washington for the purpose
set forth in Section 4. Any assignee, sublessee, or transferee shall assume all obligations of Tenant under
this lease.
I I - Tom. Landlord shall pay all taxes, assessments, liens, and license fees ("taxes") levied,
assessed or imposed by any authority having the direct or indirect power to tax or assess any such liens, by
reason of Tenant's use of the parking facilities, provided that this section shall not apply to the costs and
expenses of the parking facility reconfiguration set forth in Section 13.
12. Utilities and Services. Landlord shall, at Landlord's sole cost and expense, provide and pay
for electricity to the parking facility lighting.
13. Insures. Landlord shall provide for commercial general liability insurance against claims
for injuries to persons or damage to property, which may arise from or in connection with the Landlord's
responsibilities under this lease, with minimum limits of $1,000,000 for each injury, S1,000,000 for all
injuries from a single accident, $50,000 property damage, and no deductible. The policy shall name Tenant
as an additional insured.
14. Damage and Repair. If the portion of the parking facilities that includes Tenant's spaces is
partially damaged but not rendered untenantable, Landlord shall diligently restore the premises necessary
for Tenant's occupancy and this lease shall not be terminated; provided, however, that Tenant may
terminate this lease if Landlord is unable to restore the affected spaces within thirty (30) days of the casualty
event. The rent shall be abated by the percent of the spaces that is untenantable.
A. Tenant shall, at Tenant's sole cost and expense, be responsible for the work involved
to reconfigure the parking facilities to allow for the parking and necessary lighting under this lease. Upon
3
completion of such work, all the expenses to maintain the spaces shall be the sole cost of the Landlord. The
reconfiguration shall be in accordance with a mutually agreed upon detailed plan and bid; provided,
however, that the bid to reconfigure the parking facilities shall not exceed $35,000.
B. Tenant shall have the right to use a portion of parking lot "A" for the staging of
construction equipment and materials during Tenant's renovation and addition to the existing former J.C.
Penney building located south of parking lot "A", provided, however, that this right shall be conditioned
upon the following:
1. Tenant must have executed a binding agreement and/or lease with DSHS for the
above -referenced office building development; and
2 Tenant's staging of construction equipment and materials shall be for a period
of not to exceed 90 days from the beginning of construction unless the parties have mutually agreed to an
extension of said 90-day period; and
Tenant shall not impede the existing tenant's parking; and
4. Tenant's staging shall be limited to the south half of the portion of parking lot
"A" that is shaded and designated "reserved for DSHS" on the attached Exhibit "A".
C. In the event that Tenant or any entity working on behalf of Tenant damages any portion
of the parking facilities and does not reconstruct the damaged area during the parking facility
reconfiguration set forth in Section 15, Tenant shall repair the damage to the same or better condition.
D. Tenant shall defend and hold Landlord and its agents harmless from any claim, action,
and/or judgment for damages to property or injury to persons suffered or alleged to be suffered during said
reconfiguration or staging, and Tenant shall provide for owner's and contractor's protective insurance and
commercial general liability insurance against claims for injuries to persons or damage to property, which
may arise from or in connection with said reconfiguration or staging, with minimum limits o J,000,
for each injury and $1,000,000 for all injuries from a single accident, with the Landlord` amend as
additional insured. ' 9b
16. Agency Disclosure. Landlord acknowledges that Landlord was given notice that hric
Dupar is a licensed real estate agent with the State of Washington.
17. One Year Exclusivity Period. Landlord shall not lease the parking spaces that are the subject
of this lease to anyone other than Tenant, in connection with the occupancy by the State of Washington of
DSHS office space in the former J.C. Penny's building in downtown Port Angeles, for a period of one year
from the execution of this Lease, provided that said one year period may be extended by mutual written
agreement of the parties.
IN WITNESS WHEREOF, this lease has been executed the date and year first above written.
CITY OF PORT ANGELES FIRST STRW PLAZA L.L.C.
By , By
Gary Braun, ayor f'2 �4esides3t
4
By i, 1. ,Odft.•»•.
Becky J. Al
State of Washington )
) ss.
County of Clallam )
By
Secretary
On this tl, day of gatgatr 1998, personally appeared before me Gary Braun and Becky I
Upton, to me known to be thd Mayor and City Clerk, respectively, of the City of Port Angeles, the
municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument
to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed,
if any, is the corporate seal of said municipal corporation.
IN WITNESS WHEREOF I hav fijfunto set my h
first above written. xJ` XV�s�`kAS ►iii��i
_ RY N
z-
affixed my official seal the day and year
Public i and i the State of Washington
o_ residing at l h ! L r J
P13��'`C ?a Z My commission expires:0 94
State of Washington ) '��iOF1`N*���`�'•
) 55.
County of Clallam )
On this -M'day of AM-$
' j 1998 personally appeared before me
f ri c S - .DL'yar and , to me known to
be the and , respectively, of First Street Plaza
L.L.C., the rporation 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,
if any, 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. ,��111111t/I���i
--Q. NOT:;yp _
"4"" Notary Pu lic in and for the State of Washington
o PUBLIC z�
. G� 100: A. residing at
���'� My commission expir s. O 3
'11l111111%
State of Washington )
) ss.
County of Clallam )
On this a — day of �D f; 1998, personally appeared before me Terry Roth, to me known
to be the President of the Port Angeles Downtown Association, the association that executed the within and
foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
association, for the uses and purposes therein mentioned, and on oath stated that he was authorized to
execute said instrument and that the seal affixed, if any, is the corporate seal of said association.
IN WITNESS WIEREOF I have h affiWel set my hand and affixed my official seal the day and year
first above written.
V
PUBLIG v z: NotaryPu lic in and for the State of Washington
l y 1. %a A. residing at 6DUt+. 6�64�
�� 1 i I i 1► ���`; My commission 3 expires: D'7 I jqq
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CITY OF PORT ANGRFS SCALE
PUBLIC WORKS 40 I PARKING LOT A
® 20
o . . , evision Dote- x de: M
• 4.8 PARLI
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CITY OF PORT ANGELES SCALE
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15
L
PARKING LOT B
COUNTY OF CLALLAM
Mato of wcwWngton Auditor of said County
I Patricla Ro and, County
ao hereby certify that the above and foregoing is a
true and correct copy of the document as the same
aappppeears in the records of Clallam County.
IE iNIOh"Y W}IEREOF, I have hereunto set my
r
hand and affixed the seal of said Count)' tbi zoo S
day of �7
��T�sf°Q� ����►� Auditor
Deputy
v L{1T0 FIELi
CUPY
IL
Clallarn
RETURN ADDRESS:
DOCUMENT TITLE:
City of Port Angeles;
Attn: Becky Upton, City Clerk
P.O. Box 1150
Port Anaeles, WA 98362
Parking Lot Lease Agreement
REFERENCE NUMBERS OF RELATED DOCUMENTS:
GRANTOR(S): (last, first and middle initial)
City of Port Angeles (landlord)
GRANTEE(S): (last, first and middle initial)
oC.:.Jo-f
ILt'Q Ln R
�� �1NP.£CO!'�S/CIALlAt1C8.
98 MAY 20 PM 2: 22
AUDI
CLALL air coUUTY WASH.
8Y�_DEPUTY
First Street Plaza L.L.C, a limited liability Company
of State of Washington (tenant)
LEGAL DESCRIPTION: (abbreviated form)
Lts 2-7 Blk 14 TPA (parking lot A)
N 150' of S 160' Lts 5 0 6 Blk 1 Tidelandslbst
(parking lot B)
ASSESSOR'S PROPERTY TAX PARCEUACCOUNT NUMBER:
0630000014050000
0630000791540000
0630000791600000
tir
LEASE AGREEMENT
t (Parking Facility)
THIS LEASE AGREEMENT ("Lease") is entered into this I q4-day of , 1998, between
the City of Port Angeles, a code city of the State of Washington ("Landlord") and First Street Plaza L.L.C.,
a limited liability company of the State of Washington ("Tenant").
Representations.
1. The Landlord owns and operates "parking facilities" located in the Port Angeles downtown
central business district on the south side of Front Street between Oak and Cherry Streets and on the north
side of Front Street between Laurel and Oak Streets legally described as Lots 2-7, Block 14, Townsite of
Port Angeles, (parking lot "A"), and the North 150 feet of the South 160 feet of Lots 5 and 6, Block 1,
Tidelands west of Laurel Street, Townsite of Port Angeles, (parking lot "B").
2. The Tenant desires to lease one hundred and four (104) parking spaces ("spaces") in the parking
facilities in order to promote parking for an adjacent downtown building at the northwest corner of First
and Oak Streets, which Tenant is developing as offices for the State of Washington Department of Social
and Health Services ("DSHS").
3. The Tenant only needs the described property spaces during weekday business hours from 7:00
a.m. to 6:00 p.m.
4. This Lease has been approved by the Port Angeles Downtown Association ("PADA'), which
has a cooperative agreement with the City of Port Angeles for the operation of downtown parking facilities.
Agreements.
In consideration of the above representations and the covenants and agreements set forth below, the parties
hereby agree as follows:
1. Leased Ste. Landlord agrees to lease to Tenant the one hundred and four (104) parking
spaces in parking lots "A" and `B" as shaded and designated "reserved for DSHS" on the attached site plan,
which is attached hereto as Exhibit A and is incorporated herein by this reference. The spaces shall be
leased for weekday business hours from 7:00 a.m. until 6:00 p.m. and shall not be leased during all other
periods including state holidays. The spaces are to be reserved for Tenant or for Tenant's subtenant as set
forth herein. If the DSHS parking requirements are reduced, then the number of spaces reserved to Tenant
shall be reduced on a pro rata basis and the rental amount set forth in Section 5A shall be reduced on a pro
rats basis.
2. Relationship to DSHS Lease. This lease shall not take effect unless Tenant and DSHS have
executed a binding agreement and/or lease for the above -referenced office building development.
3. Term. The Lease shall be for a term of ten (10) years, commencing on August 1, 1998 and
terminating on July 31, 2008 or on such earlier or later dates as may be specified by written notice by
Tenant to Landlord advising Landlord that the spaces are ready for possession in accordance with Section
13 and specifying the revised commencement date, which shall not be more than thirty (30) days following
the date of such notice.
r
4. Option to Renew. Tenant shall have the right to renew this lease for one additional five (5)
year period; provided, however, that such renewal is necessary for parking associated with the DSHS offices
as set forth in Section 4; provided further that the rental amount for the five year renewal shall be subject
to renegotiation; and provided further that Tenant shall provide written notice of intent to renew to Landlord
within ninety (90) days of the termination date.
A. The monthly rent ("Rent") shall be One Thousand Seven Hundred Ninety Dollars
($1,790.00) for a yearly total of $21,480. Rent shall be payable in advance or on the first day of each month
of the Lease term in United States currency to Landlord at Landlord's address shown in Section 7 or such
other place designated in writing by Landlord. Payments for any partial month at the beginning or end of
the Lease term shall be prorated. If any rent payable by Tenant to Landlord under this Lease is not received
by the -fifth (5th) day of each month, Tenant shall pay Landlord in addition to the amount due an amount
equal to the greater of One Hundred Dollars ($100.00) or five percent (5%) of the delinquent amount.
B. Upon execution of this Lease, Tenant shall deliver to Landlord the sum of One
Thousand Seven Hundred Ninety Dollars ($1,790.00) as prepaid rent to be applied to the rent due for the
first month of the Lease.
6. Permitted Use. The spaces shall be used only for parking associated with the DSHS offices
that Tenant is developing in the adjacent downtown building at the northwest corner of First and Oak Streets
and for no other purpose without the prior written consent of Landlord, which consent may be granted or
denied based on Landlord's sole discretion. Landlord shall have the right to use such spaces for any other
purpose that does not interfere with Tenant's permitted use.
7. Notice and Payment Addresses.
A. Landlord: City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362-1150
Fax No. (360) 417-4509
B. Tenant: First Street Plaza L.L.C.
2200 8th Avenue, Suite 800
Seattle, WA 98121
Fax No. (206) 728-9006
8. Operating_Costs/Ingress and Egress. It shall be the sole responsibility and at the sole cost
of the Landlord to maintain the spaces being leased under this agreement and to provide for the
unobstructed ingress and egress on and/or into the parking facilities and each of the spaces during the term
of this lease and any subsequent extension, revision, and/or renewal thereof.
2
T
9. Default.
A. If Tenant shall materially breach any of the covenants or agreements herein contained,
and such failure continues for thirty (30) days after written notice from Landlord, unless appropriate action
has been taken by Tenant in good faith to cure such failure, Landlord may terminate the lease and may lease
or otherwise transfer the premises, and Tenant shall forfeit all improvements made to the premises by
Tenant and shall be liable to Landlord for all unpaid rent up to the date of termination. Rent being
delinquent more than thirty (30) days shall constitute a material breach of this Lease.
B. If Landlord shall materially breach any of the covenants or agreements herein
contained, and such failure continues for thirty (30) days after written notice from Tenant, unless
appropriate action has been taken by Landlord in good faith to cure such failure, Tenant may terminate the
lease and Landlord shall be liable for all rent paid by Tenant on a pro-rata basis from the date of notice of
default, or in the alternative, Tenant may rectify any such breach that Landlord has failed to cure within said
thirty (30) day period and Landlord shall reimburse Tenant for all necessary and reasonable costs associated
therewith within thirty (30) days of receiving notice from Tenant to do so, provided that Tenant shall obtain
three bids and award the work to the lowest responsible bidder.
10. Assignment and Subletting. Tenant's right to assign, sublet, or otherwise transfer any of
Tenant's interest in this lease or any part of these spaces shall be exercised only with the prior written
consent of the Landlord, which consent may be granted or denied based on the Landlord's sole discretion;
provided, however, that it is understood and Landlord acknowledges that the Tenant has the right to assign,
sublet, or otherwise transfer any of Tenant's interest in this lease to the State of Washington for the purpose
set forth in Section 4. Any assignee, sublessee, or transferee shall assume all obligations of Tenant under
this lease.
11. Taxes. Landlord shall pay all taxes, assessments, liens, and license fees ("taxes") levied,
assessed or imposed by any authority having the direct or indirect power to tax or assess any such liens, by
reason of Tenant's use of the parking facilities, provided that this section shall not apply to the costs and
expenses of the parking facility reconfiguration set forth in Section 13.
12. Utilities and Services. Landlord shall, at Landlord's sole cost and expense, provide and pay
for electricity to the parking facility lighting.
13. Insurance. Landlord shall provide for commercial general liability insurance against claims
for injuries to persons or damage to property, which may arise from or in connection with the Landlord's
responsibilities under this lease, with minimum limits of $1,000,000 for each injury, $1,000,000 for all
injuries from a single accident, $50,000 property damage, and no deductible. The policy shall name Tenant
as an additional insured.
14. Damage and Repair. If the portion of the parking facilities that includes Tenant's spaces is
partially damaged but not rendered untenantable, Landlord shall diligently restore the premises necessary
for Tenant's occupancy and this lease shall not be terminated; provided, however, that Tenant may
terminate this lease if Landlord is unable to restore the affected spaces within thirty (30) days of the casualty
event. The rent shall be abated by the percent of the spaces that is untenantable.
15. Reconfiguration of Parking Facilities and Staging.
A. Tenant shall, at Tenant's sole cost and expense, be responsible for the work involved
to reconfigure the parking facilities to allow for the parking and necessary lighting under this lease. Upon
3
completion of such work, all the expenses to maintain the spaces shall be the sole cost of the Landlord. The
reconfiguration shall be in accordance with a mutually agreed upon detailed plan and bid; provided,
however, that the bid to reconfigure the parking facilities shall not exceed $35,000.
B. Tenant shall have the right to use a portion of parking lot "A" for the staging of
construction equipment and materials during Tenant's renovation and addition to the existing former J.C.
Penney building located south of parking lot "A"; provided, however, that this right shall be conditioned
upon the following:
1. Tenant must have executed a binding agreement and/or lease with DSHS for the
above -referenced office building development; and
2. Tenant's staging of construction equipment and materials shall be for a period
of not to exceed 90 days from the beginning of construction unless the parties have mutually agreed to an
extension of said 90-day period; and
Tenant shall not impede the existing tenant's parking; and
4. Tenant's staging shall be limited to the south half of the portion of parking lot
"A" that is shaded and designated "reserved for DSHS" on the attached Exhibit "A".
C. In the event that Tenant or any entity working on behalf of Tenant damages any portion
of the parking facilities and does not reconstruct the damaged area during the parking facility
reconfiguration set forth in Section 15, Tenant shall repair the damage to the same or better condition.
D. Tenant shall defend and hold Landlord and its agents harmless from any claim, action,
and/or judgment for damages to property or injury to persons suffered or alleged to be suffered during said
reconfiguration or staging, and Tenant shall provide for owner's and contractor's protective insurance and
commercial general liability insurance against claims for injuries to persons or damage to property, which
may arise from or in connection with said reconfiguration or staging, with minimum limits o�U,000,
for each injury and $1,000,000 for all injuries from a single accident, with the Landlorname'd as
additional insured.
16. Agency Disclosure. Landlord acknowledges that Landlord was given notice that Eric
Dupar is a licensed real estate agent with the State of Washington.
17. One Year Exclusivity Period. Landlord shall not lease the parking spaces that are the subject
of this lease to anyone other than Tenant, in connection with the occupancy by the State of Washington of
DSHS office space in the former J.C. Penny's building in downtown Port Angeles, for a period of one year
from the execution of this Lease, provided that said one year period may be extended by mutual written
agreement of the parties.
IN WITNESS WHEREOF, this lease has been executed the date and year first above written.
CITY OF PORT ANGELES
FIRST STMT PLAZA L.L.C.
BY BY
Gary i3raun, ayor
,-Pre2 i�t
4
Becky J. �q
State of Washington )
) ss.
County of Clallam )
Secretary
On this I ftl, day of -K&,,- , 1998, personally appeared before me Gary Braun and Becky J.
Upton, to me known to be'th� Mayor and City Clerk, respectively, of the City of Port Angeles, 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 .municipal 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,
if any, is the corporate seal of said municipal corporation.
IN WITNESS WHEREOF I hav &[&unto set my hand„and affixed my official seal the day and year
first above written.
Notary Public land 7n,
residing at m- t
My commission expires:
State of Washington
County of Clallam
the State of Washington
-iL
On this o2 $ 'day of Ni- 1998, personally appeared before me
ri C S • Du Act;,- and , to me known to
be the AgAAg i" xteyk bri- and respectively, of First Street Plaza
L.L.C., the &rporation 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,
if any, 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.
`,xVn rn1,,1,�
C�•' 0TA1?y G
.., PUBLIC
G 0;
1Z* W' 1, I���
Notary PA 1c in and for the State of Washington
residing at A
My commission expir s: O
5
t
State of Washington )
) ss.
County of Clallam )
On this a $-1% day of —N f i 1998, personally appeared before me Terry Roth, to me known
to be the President of the Port Angeles Downtown Association, the association that executed the within and
foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
association, for the uses and purposes therein mentioned, and on oath stated that he was authorized to
execute said instrument and that the seal affixed, if any, is the corporate seal of said association.
IN WITNESS WHEREOF, I have ker"jW2 set my hand and affixed my official seal the day and year
first above written.
A\IMURK.LSE
Notary Pu lic in and for the State of Washington
residing at 610--k,
My commission expires : 07 / 3 ! 1 R
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CITY OF PORT ANGELES SCALE
PUBLIC WORKS
AN 0 40 PARKING LOT A
t1asp 20
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2.54
AMENDMENT TO LEASE AGREEMENT
(Parking Facility)
WHEREAS, on May 19, 1998, the City of Port Angeles, a code city of the State of
Washington ("Landlord"), entered into a Lease Agreement (referred to herein as "Lease
Agreement") with First Street Plaza L.L.C., a limited liability company of the State of
Washington ("First Street Plaza"), relating to "parking facilities" located in the Port Angeles
downtown central business district; and
WHEREAS, Tine Construction Services LLC ("Tine") succeeded to the business, rights,
title and interests of First Street Plaza, including the Lease Agreement;
Tine and Landlord ("the Parties") for valuable consideration enter this Amendment for
the purposes of extending the Lease Agreement between the Parties.
It is hereby agreed:
1. The Lease Agreement is further amended as follows:
A. The Lease Agreement shall continue through the last day of July 2025.
B. Rental rate shall be $2,750.00 per month plus leasehold excise tax
(currently 12.84%) beginning on November 1, 2015 and the quarterly PBIA assessment.
C. City reserves the right to use all or a portion of Lot A for the construction
of a parking garage or any other purpose approved by City Council. To exercise this right, the
City shall give 90 days prior written notice to Tenant. The City will provide an equal number of
spaces in other City lots within one block. Tenant shall have the right of first refusal for the
purchase of Lot A provided that Tenant will construct a parking garage and other improvements
on the property. Such garage and improvements will comply with all zoning and City codes and
shall provide an equivalent number of public three-hour and permit spaces as those currently
available. Completion of the parking garage shall not exceed 18 months.
D. In additional to monthly rent, Tenant shall reimburse the City for its
proportionate share of maintenance costs to Lots A and B. Tenant's proportionate share shall be
determined by dividing the square footage of Tenant's leasehold by the total square footage of
Lots and B times the amount paid by the City. That amount will be due and payable upon billing
by the City.
E. Parking allocation within lots A and B are identified in exhibits A and B to
this Amendment.
Deee*"ber 31 30��d7
2. As of 9efe4er-14, 2015, Tenant owes the City in outstanding rent and fees.
This Amendment will be void and the Tenant must vacate the premises if the City does not
-1-
receive payment of outstanding rent within sixty days of signing the Amendment.
3. Except as expressly provided above, the 1998 Lease Agreement is hereby ratified
and confirmed.
IN WITNESS WHEREOF, this Amendment has been executed the date and year of the
last signature affixed below.
CITY OF PORT ANGELES
Dan McKeen, City Manager
Date:
Attest:
c Q�l/1l mausal
J inifer cncklascn, City Clerk
App oved as to for
William Bloor,
City Attorney
-2-
TINE CONSTRUCTION SERVIC LLC
Name:v;''
Title:
Date: ZtS
State of Washington )
) ss.
County of Clallam )
On this 2-7— day of (X:DbQC 2015, personally appeared before me Dan McKeen tome
known to be the City Manager of the City of Port Angeles, 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 municipal 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, if any, is the corporate seal of
said municipal corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year
first above written.
2ry P blic in and for the State of Washington
residing at
My commission expires:.,--)X(�2TO I({
State of Washington )
) ss.
County of ElaUam k-0- )
On this 20 "rhday of D-o- c -p- r-A,"' , 2015, personally appeared before me
C-P-1 L S D.') P:A--R _ , to me known to be the President of Tine Construction Services
LLC, 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, if any, 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
PHYLIS D. GORAYA
STATE OF WASEMNGTON
NOTARY PUBLIC
MY COMMISSION EXPIRES
05-M I9
10a LEASES\2015 leases\Dupar - Amcnd to Lcasc wpd
b 4-ycs,4
Notary Public;' n and for th tate Washington
residing at c 5,19 )<&t'
My commission expires: oS- ' 8' iq,
-3-
AMENDMENT NO. 2 TO LEASE AGREEMENT
(Parking Facility)
WHEREAS, on May 19, 1998, the City of Port Angeles, a code city of the State of
Washington ("Landlord"), entered into a Lease Agreement (referred to herein as "Lease
Agreement") with First Street Plaza L.L.C., a limited liability company of the State of
Washington ("First Street Plaza"), relating to "parking facilities" located in the Port Angeles
downtown central business district; and
WHEREAS, Tine Construction Services LLC ("Tine) succeeded to the business, rights,
title and interests of First Street Plaza, including the Lem Agreement;
WHEREAS, the parties amended the Lease Agreement in November 2015;
Tine and Landlord ("the Parties") for valuable consideration enter this Amendment No.
It is hereby agreed:
I The Lease Agreement and Amendments are attached hereto and incorporated herein by
this reference.
In addition to all other of Tenant's obligations established in the Lease Agreement, as
amended, Tenant shall reimburse the City for its proportionate share of yearly ordinary
maintenance costs to Lots A and B. Tenant's proportionate share shall be determined by
dividing the square footage of Tenant's leasehold by the total square footage of Lots A and B
times the amount paid by the City. That amount will be due and payable upon billing by the
City.
In lieu of paying the Tenant's proportionate share of yearly ordinary maintenance costs,
Tenant may perform yearly ordinary maintenance, including, but not limited to, striping,
sweeping, and repairing minor pavement defects in Lots A and B. Tenant will coordinate with
the City prior to performing any ordinary maintenance. The City may deny the Tenant's request
to perform yearly ordinary maintenance in lieu of payment.
3. Except as expressly provided above, the 1998 Lease Agreement, as amended, is hereby
ratified and confirmed.
IN VOTNESS MI I I E It EOR this Aniendment Ims bmn cxmumd le WaW 5*w of le
Wm sQnmwv Mal blo"',
CTFY OF PORTANGELF"S
EGA NkKem Cly
Date; 13 1 t I 1 -1
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ppro Aas to f6ml:
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Chy Almnw�
SS,
County of (1,111arn
TINIH CONSMI'RUCTION SFRVICI'S. 1-1-C'
Name:
H 0 C: 11LA4,
Date:
()n taus day of,me Dan McKeen �o
,, , 2017. permmtAy appcaw-ed betbre
inn kno" n to bu to Ely Manager of theMy of Pon Angden Te mukjpd awpmdhn Im cxaWed
Te whNn mid tRegoNg insu,utnem,and uknoledgtA said instrurnew to be dw firecand wkiwary act
mW deed uhAd munIMA cmpwMQn. Or tho uscs and pwpuscs ttwr6n mentionect and on oath italed
Ta My wac mWiawded unneme saW Knumem and Ownhe W aMKA. W a", N UIC corporate scap
ofsaid Inunicip"d um-p(wauMl
IN WITNESS WHEREOF I We haumm stA my hmd aW aAixvd my WWI seal the day mul year Av
above written,
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CouniN, ofOaHam
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tatimi that executed the xiihin and foregoing instrument, and acknmk�edgsai
illstrument to be the free and vohmlary aO and deed (A'sal'd corporallon. for the uscs and purposes therein
rnemioned, and on oath sued thaw they were awhorized w vxccute said mstrumcm WILI that tile sea�
affixed, d'any. is the corporate seah ol , said corp"anOrl,
IN W1 I'NESS WHEREOF I have hereunto set my hand and,,,,fffixed my officid sefl the da� and year first
above whtlefl,
...... .... 11
Notary PubkC
State of Washington
June 29, 2019
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