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HomeMy WebLinkAbout2.54 Amendment 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. Dee,e," 31 %* 30,-70-7 2. As of OetebeP43, 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 TINE CONSTRUCTION SERVIC LLC Name:. r 6, Dan McKeen, City Manager Title: �`� C •� Date: 10 811 Date: Attest: J lnife►' eneklascn, City Clerk App•oved as to fora William Bloor, City Attorney -2- State of Washington ) ss. County of Clallam ) On this_�day of atUO2C 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. vm w. .t';ON e4;;%. ;p .� otary P blic in and for the State of Washington ���y�� residing at =o�a•-" My commission expires:�"� (j OTC{ i tr %I q/A rN OF JJ�irtttuttt����� State of Washington ) ss. County of C—lall k-0— ) On this 20"1 day of j)-r`c-e���rr 2015,personally appeared before me Pt C 5 1'A-1R —, 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 F"YLI8 D. GMAYA STATE OF WASOMTON NOTARY PUBLIC � ° Notary Public 'n and for th tate Washington MY COMMISSION EXPIRES residing at - 0S-- 05'! �<&\/t' 054)S-19 My commission expires:__ os- C V,)I, . 119a LEASES\2015 leases\Dupar•Amend to Lease.wpd E- -3-