HomeMy WebLinkAbout2.63 Amendment 4jlC
FOURTH AMENDMENT
TO LEASE AND MANAGEMENT AGREEMENT
WHEREAS, on September 7, 2006, the City of Port Angeles, a municipal corporation
and non -charter code city of the State of Washington ("City"), entered into a Lease and
Management Agreement (referred to herein as "Agreement") with Heckman Motors, a
corporation of the State of Washington ("Heckman"), relating to the occupancy of the property at
111 E Front Street in the City of Port Angles; and
WHEREAS, the Agreement was amended in the First Amendment to the Agreement, the
Second Amendment to the Agreement, and the Third Amendment, which amendments are
hereby incorporated; and
WHEREAS, the City is currently negotiating with the Lower Elwha Klallam Tribe for the
sale of 111 E Front Street property as part of a downtown Port Angeles revitalization; and
WHEREAS, the negotiations began in March 2017 and have extended beyond the
anticipated time due to environmental contaminants found on the property, and these extended
impacted the Heckman Motors business through uncertain and unpredictability; and
WHEREAS, Heckman Motors is relocating its business to a blighted property with
potential environmental contamination in the City of Port Angeles that has remained vacant for
over ten years; and
WHEREAS, it is in the City's best interest that Heckman reinvest in this property.
The City and Heckman for valuable consideration enter this Amendment effective
as of the 1St day of January 2018, for the purposes of revising the Agreement between the Parties.
It is hereby agreed:
1. Paragraph 3 of the Agreement is amended to add:
(c) As of January 1, 2018, Heckman's shall pay a monthly rent of $0.00 of the
December 2017 rent for Parcel 1 together with 100% of the December 2017 leasehold excise tax.
This reduced rent will continue for the first three calendar months of 2018, or until the closing
date of the sale of 111 E Front Street, or until the Lower Elwha Klallam Tribe withdraws its
purchase offer, whichever is sooner. During the same period, Heckman will reduce any tenants'
rental amounts by the same proportion.
2. Paragraph 4 of the Agreement is amended to add:
(c) As of January 1, 2018, Heckman's shall pay a monthly fee for tho licensdi-lo
occupy, use and manage Parcel 2 of $0.00 of the December 2017 rate for thejJqqn§e Parcel 2
together with 100% of the December 2017 leasehold excise tax. This reducedli nse fee will
-1-
continue for the first three calendar months of 2018, or until the closing date of the sale of 111 E
Front Street, or until the Lower Elwha Klallam Tribe withdraws its purchase offer, whichever is
sooner.
3. Except as expressly provided above, the 2006 Lease Agreement and its
Amendments are hereby ratified and confinned.
IN WITNESS WHEREOF, this lease amendment has been executed the date and year
first above written.
CITY OF PORT ANGELES
Dan McKeen, City Manager
Attest:
'Ah 1 i`
Jennifer' Veneklasen, City Clerk
State of Washington )
) ss.
County of Clallam )
HECKMAN MOTORS
Jack H ckrnan�'President
Approved as to fonn: ,
ft
1 `
William Bloor, City Attorney
On this _j )— day of r(?- J)CO, ("0 , 2018, personally appeared before
me Dan McKeen and Jennifer Veneklasefi, to me known to be the City Manager 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.
0EK4 "e-1®� N t ry Public in and for the State of Washington
�"`��,.• C*Nora'Ai;� .'L''� residing at G��<i �1?T �(` �%'_�
Z01P`�Y `P My commission expires: j'�'0 Z
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State of Washington )
) ss.
County of Clallam )
On this day of t _ r 1,cl c d , 2018, personally appeared before me
Jack Heckman, to me known to be the P esident of the Heckman Motors, that executed the
within and foregoing instrument, and acknowledged said instrument to be the free and voluntary
act and deed of said agency for the uses and purposes therein mentioned, and on oath stated that
he is authorized to execute the said instrument.
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 �'' % \ % �taf , A rt lQl ''
My commission expire<-Lta �010
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