HomeMy WebLinkAbout17-132 - Tukwila Village Associates LLC - The Commons and Plaza Lease Option for Tukwila Village17-132(p)
Council Approval N/A
SIXTEENTH AMENDMENT TO LEASE OPTION AGREEMENT
THIS SIXTEENTH AMENDMENT TO LEASE OPTION AGREEMENT
("Amendment") is made as of this 27th day of May, 2022, by and between TUKWILA VILLAGE
DEVELOPMENT ASSOCIATES, LLC, a Washington limited liability company, ("TVDA"), and
the CITY OF TUKVVILA, a municipal corporation operating under the laws of the State of
Washington as a non -charter code city ("Tukwila").
Recitals
A. TVDA and Tukwila are the parties to that certain Lease Option Agreement dated as of July
19, 2017 for reference purposes, which grants Tukwila the Option to lease the Commons
Premises and the Plaza Premises as described therein (the "Option Agreement").
B. The Option Agreement was previously amended by the First Amendment to Lease Option
Agreement dated February 8, 2018, the Second Amendment to Lease Option Agreement
dated May 24, 2018, the Third Amendment to Lease Option Agreement dated July 30,
2018, the Fourth Amendment to Lease Option Agreement dated September 20, 2018, the
Fifth Amendment to Lease Option Agreement dated October 31, 2018, the Sixth
Amendment to Lease Option Agreement dated December 12, 2018, the Seventh
Amendment to Lease Option Agreement dated February 28, 2019, the Eighth Amendment
to Lease Option Agreement dated April 17, 2019, the Ninth Amendment to Lease Option
Agreement dated June 25, 2019, the Tenth Amendment to Lease Option Agreement dated
September 27, 2019, the Eleventh Amendment to Lease Option Agreement dated January
31, 2020, the Twelfth Amendment to Lease Option Agreement dated August 5, 2020, the
Thirteenth Amendment to Lease Option Agreement dated June 30, 2021, the Fourteenth
Amendment to Lease Option Agreement dated December 21, 2021, and the Fifteenth
Amendment to Lease Option Agreement dated March 31, 2022. TVDA and Tukwila desire
to further amend the Option Agreement on the terms and conditions set forth herein.
Agreement
NOW, T EREFORE, in consideration of the foregoing and the mutual agreements set
forth herein, and for good and valuable consideration, the receipt the receipt and sufficiency of
which are acknowledged, TVDA and Tukwila agree as follows:
1. Definitions. Capitalized terms used but not defined or amended herein shall have the
meaning given to such terms in the Option Agreement.
2. Extension of Termination Date. The Termination Date referenced in Section 2 of the
Option Agreement is hereby extended from May 31, 2022 to July 31, 2022.
Full Force and Effect. Except as specifically amended herein, all of the terms, conditions
and covenants in the Option Agreement are ratified and restated herein as if set forth in
full, and shall continue in full force and effect.
4. Counterparts, This Amendment may be executed in several counterparts and all so
executed shall constitute one Agreement, binding on all the parties hereto even though all
the parties are not signatories to the original or the same counterpart. Delivery of a
facsimile, scanned, or other copy of a signed version of this Amendment has the same
effect as delivery of an original. Delivery by electronic transmission such as email or
facsimile shall be deemed effective delivery of.. a copy.
2
IN 'WITNESS 'WHEREOF, this Amendment is executed as of the day and year first above
written.
Tukwila:
CITY OF TUKWILA, a municipal
corporation
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By: Key RF,0,1,-OaC7a,61,1.10r0c2aab
Name: Allan ;Ekberg
Z7e-t5)Title: Mayor
Date: 6/1/2022
eSignecl via SeamlessDocs.com
Attest: Oktede (19(;,72(€2.4e -e
By: Key .,,aa,OU3bcca4c101,..!225c1c1,74a1D000,
Name: Christy O'Flaherty
Title: City Clerk
Approved as to form:
By:
Name: .lelTa.y 1. Hawkinson
Title: City Attorney
TV DA:
TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES., iLC, a Washington corporation.
/2
By:
Name: Bryan M. Park
Title: Manager
Date:
17-132(o)
Council Approval N/A
FIFTEENTH AMENDMENT TO LEASE OPTION AGREEMENT
THIS FIFTEENTH AMENDMENT TO LEASE OPTION AGREEMENT
("Amendment") is made as of this day of March, 2022, by and between TUKWILA VILLAGE
DEVELOPMENT ASSOCIATES, LLC, a Washington limited liability company, ("TVDA"), and
the CITY OF TUKWILA, a municipal corporation operating under the laws of the State of
Washington as a non -charter code city ("Tukwila").
Recitals
A. TVDA and Tukwila are the parties to that certain Lease Option Agreement dated as of July
19, 2017 for reference purposes, which grants Tukwila the Option to lease the Commons
Premises and the Plaza Premises as described therein (the "Option Agreement").
B. The Option Agreement was previously amended by the First Amendment to Lease Option
Agreement dated February 8, 2018, the Second Amendment to Lease Option Agreement
dated May 24, 2018, the Third Amendment to Lease Option Agreement dated July 30,
2018, the Fourth Amendment to Lease Option Agreement dated September 20, 2018, the
Fifth Amendment to Lease Option Agreement dated October 31, 2018, the Sixth
Amendment to Lease Option Agreement dated December 12, 2018, the Seventh
Amendment to Lease Option Agreement dated February 28, 2019, the Eighth Amendment
to Lease Option Agreement dated April 17, 2019, the Ninth Amendment to Lease Option
Agreement dated June 25, 2019, the Tenth Amendment to Lease Option Agreement dated
September 27, 2019, the Eleventh Amendment to Lease Option Agreement dated January
31, 2020, the Twelfth Amendment to Lease Option Agreement dated August 5, 2020, the
Thirteenth Amendment to Lease Option Agreement dated June 30, 2021, and the
Fourteenth Amendment to Lease Option Agreement dated December 21, 2021. TVDA
and Tukwila desire to further amend the Option Agreement on the terms and conditions set
forth herein.
A2reement
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements set
forth herein, and for good and valuable consideration, the receipt the receipt and sufficiency of
which are acknowledged, TVDA and Tukwila agree as follows:
1. Definitions. Capitalized terms used but not defined or amended herein shall have the
meaning given to such terms in the Option Agreement.
2. Extension of Termination Date. The Termination Date referenced in Section 2 of the
Option Agreement is hereby extended from March 31, 2022 to May 31, 2022.
Full Force and Effect. Except as specifically amended herein, all of the terms, conditions
and covenants in the Option Agreement are ratified and restated herein as if set forth in
full, and shall continue in full force and effect.
4. Counterparts. This Amendment may be executed in several counterparts and all so
executed shall constitute one Agreement, binding on all the parties hereto even though all
the parties are not signatories to the original or the same counterpart. Delivery of a
facsimile, scanned, or other copy of a signed version of this Amendment has the same
effect as delivery of an original. Delivery by electronic transmission such as email or
facsimile shall be deemed effective delivery of a copy.
2
IN WfTr ESS WHEREOF, this Amendment is executed as of the day and year first above
written
Tukwila: TVDA:
CITY OF TUKWILA, a municipal
corporation
ame: Allan Ekberg
Title: Mayor
Date: 03/11/2027
Attest:
By:
aSIgne, SeamleEsUoce.com
C?/(%1&J C...16?taitett9
Name: Christy O'Flaherty
Title: City Clerk
Approved as to form:
By:
Name: ic rey . Hawkinson
Title: City Attorney
TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, I. a: Washington corporation
By:
Name: Bryan M, Park
Title: Manager
Date:
17-132(n)
Council Approval N/A
FOURTEENTH AMENDMENT TO LEASE OPTION AGREEMENT
THIS FOURTEENTH AMENDMENT TO LEASE OPTION AGREEMENT ("Amendment")
is made as of this 211 day of December, 2021, by and between TUKWILA VILLAGE
DEVELOPMENT ASSOCIATES, LLC, a Washington limited liability company, ("TVDA"), and the
CITY OF TUKWILA, a municipal corporation operating under the laws of the State of Washington as
a non -charter code city ("Tukwila").
Recitals
A. TVDA and Tukwila are the parties to that certain Lease Option Agreement dated as ofJuly 19,
2017 for reference purposes, which grants Tukwila the Option to lease the Commons Premises
and the Plaza Premises as described therein (the "Option Agreemen(').
B. The Option Agreement was previously amended by the First Amendment to Lease Option.
Agreement dated February 8, 2018, the Second Amendment to Lease Option Agreement dated
May 24, 2018, the Third Amendment to Lease Option Agreement dated July 30, 2018, the
Fourth Amendment to Lease Option Agreement dated September 20, 2018, the Fifth
Amendment to Lease Option Agreement dated October 31, 2018, the Sixth Amendment to
Lease Option Agreement dated December 12, 2018, the Seventh Amendment to Lease Option
Agreement dated February 28, 2019, the Eighth Amendment to Lease Option Agreement dated
April 17, 2019, the Ninth Amendment to Lease Option Agreement dated June 25, 2019, the
Tenth Amendment to Lease Option Agreement dated September 27, 2019, the Eleventh
Amendment to Lease Option Agreement dated January 31, 2020, the Twelfth Amendment to
Lease Option ,Agreement dated August 5, 2020, and the Thirteenth Amendment to Lease
Option Agreement dated June 30, 2021. TVDA and Tukwila desire to further amend the
Option Agreement on the terns and conditions set forth herein.
Agreement
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements set forth
herein, and for good and valuable consideration, the receipt the receipt and sufficiency of which are
acknowledged, TVDA and Tukwila agree as follows:
Definitions. Capitalized terms used but not defined or amended herein shall have the meaning
given to such terms in the Option Agreement.
2. Extension of Termination Date. The Termination Date referenced in Section 2 of the Option
Agreement is hereby extended from December 31, 2021 to March 31, 2022.
Full Force and Effect. Except as specifically amended herein, all of the terms, conditions and
covenants in the Option Agreement are ratified and restated herein as if set forth in full, and
shall continue in full force and effect.
4, Counterparts. This Amendment may be executed in several counterparts and all so executed.
shall constitute one Agreement, binding on .all. the parties hereto even though all the parties are,
not signatories to the original or the same counterpart. Delivery of a facsimile, scanned, or
other copy ofa signed version of this Amendment has the same effect as delivery of an original.
Delivery by electronic transmission such as email or facsimile shall be deemed effective
delivery of a copy..
IN W TNESS WHEREOF, this Amendment is executed as or the day and year first above
written..
Tukwila:
CITY OE TUKWILA,. a municipal corporation
z7e,t5Name: Allan Ekberg
Inle: Mayor
Date: 01/05/2022
Attest: 0,4„1
By:
Name:
Title: at Clerk
Approved as
'Fide: City Attorney
TVDA:
TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, 1..1 C„ a Washington corporation
By:
Name: .3ryan M. Park
Title: Manager
Date:
17-132(m)
Council Approval N/A
THIRTEENTH AMENDMENT TO LEASE OPTION AGREEMI,NT
THIS THIRTEENTH AMENDMENT TO LEASE OPTION AGREEMENT ("Amendment')
is made as of this 30th day of June, 2021, by and between TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, LLC, a Washington limited liability company, ("TVDA'), and the CITY OF
TUKWILA, a municipal corporation operating under the laws of the State of Washington as a non -
charter code city ("Tukwila").
Recitals
w„ TVDA and Tukwila are the parties to that certain Lease Option Agreement dated as of July i9,
2017 for reference purposes, which grants Tukwila the Option to lease the Commons Premises
and the Plaza Premises as described therein (the '`Option Agreement").
S. The Option Agreement was previously amended by the First Amendment to Lease Option
Agreement dated February 8, 2018, the Second Amendment to Lease Option Agreement dated
May 24, 2018, the Third Amendment to Lease Option Agreement dated July 30, 2018, the
Fourth Amendment to Lease Option Agreement dated September 20, 2018, the Fifth
Amendment to Lease Option Agreement dated October 31, 2018, the Sixth Amendment to
Lease Option Agreement dated December 12, 2018, the Seventh Amendment to Lease Option
Agreement dated February 28, 2019, the Eighth. Amendment to Lease Option Agreement dated.
April 17, 2019, the Ninth Amendment to Lease Option Agreement dated June 25, 2019, the
Tenth Amendment to Lease Option Agreement dated September 27, 2019, the Eleventh
Amendment to Lease Option Agreement dated January 31, 2020, and the Twelfth Amendment
to Lease Option Agreement dated August 5, 2020. TVDA and Tukwila desire to further amend
the Option Agreement on the terms and conditions set forth herein.
Agreement
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements set forth
herein, and for good and valuable consideration, the receipt the receipt and sufficiency of which are
acknowledged, TVDA and Tukwila agree as follows:
l . Definitions. Capitalized terms used but not defined or amended herein shall have the meaning
given to such terms in the Option Agreement.
2. Extension of Termination Date. The Termination Date referenced in Section 2 of the Option
Agreement is hereby extended from June 30, 2021 to December 31, 2021.
3. Full Force and Effect. Except as specifically amended herein, all of the terms, conditions and
covenants in the Option Agreement are ratified and restated herein as if set forth in full, and
shall continue in full force and effect.
4. Counterparts. This Amendment may be executed in several counterparts and all so executed
shall constitute one Agreement, binding on all the parties hereto even though all the parties are
not signatories to the original or the same counterpart. Delivery of a facsimile, scanned, or
other copy of a signed version of this Amendment has the same effect as delivery of an original.
Delivery by electronic transmission such as email or facsimile shall be deemed effective
delivery of a copy.
IN WITNESS WHEREOF, this Amendment Os executed as of the day and year first above
written.
Tukwila:
CITY OF TUKWILA, a inunicipal corpora'.
By:
Z7 Name: 'Allan Ekberg t5'Title: Mayor
Date: DRIn3002 t
eSigned via SeamlessDocs.com
C71(1u/t Soe/tg
Key: ,JesSce0,163521,1,157.JSeSeffa,
e'sIgned via SeamlessDocs.com
Attest: C-Ph4zVe-9 676;21aheAz"g
By:
Key: 002,121,15,,,ccISIDSelLIc,,,cs'abf,10c
Name: Christy O'Flaherty
Tide: City Clerk
Approved as to for :
By:
Name: JeFrey Hawkinson
Tide: City Attorney
TVDA:
TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, LLC, a Washington corporation
13y:
Name: Bryan M. Park
Title: Manager./
r
Date:
17-132(1)
Council Approval N/A
TWELFTH AMENDMENT TO LEASE OPTION AGREEMENT
THIS TWVILFTH AMENDMENT TO LEASE OPTION AGREEMENT ("Amendment") is
made as of this 5-Iday of August, 2020, by and between TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, LLC, a Washington limited liability company, ("TVDA"), and the CITY OF
TUKWILA, a municipal corporation operating under the laws of the State of Washington as a non -
charter code city ("Tukwila").
Recitals
A. TVDA and Tukwila are the parties to that certain Lease Option Agreement dated as ofJuly 19,
2017 for reference purposes, which grants Tukwila the Option to lease the Commons Premises
and the Plaza Premises as dcscribcd therein (the "Option Agreement").
B. The Option Agreement was previously amended by the First Amendment to Lease Option
Agreement dated February 8, 2018, the Sccond Amendment to Lease Option Agreement dated
May 24, 2018, the Third Amendment to Lease Option Agreement dated July 30, 2018, the
Fourth Amendment to Lease Option Agreement dated September 20, 2018, the Fifth
Amendment to Lease Option Agreement dated October 31, 2018, the Sixth Amendment to
Lease Option Agreement dated December 12, 2018, the Seventh Amendment to Lease Option
Agreement dated February 28, 2019, the Eighth Amendment to Lease Option Agreement dated
April 17, 2019, the Ninth Amendment to Lease Option Agreement dated June 25, 2019, the
Tenth Amendment to Lease Option Agreement dated September 27, 2019, and the Eleventh
Amendment to Lease Option Agreement dated January 31, 2020. TVDA and Tukwila desire
to further amend the Option Agreement on the terrns and conditions set forth herein.
Agreement
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements set forth
herein, and for good and valuable consideration, the receipt the receipt and sufficiency of which are
acknowledged, TVDA and Tukwila agree as follows:
1. Definitions. Capitalized terms used but not defined or amended herein shall have the meaning
given to such terms in the Option Agreement.
2. Extension of Termination Date. The Termination Date referenced in Section 2 of the Option
Agreement is hereby extended from August 31, 2020 to June 30, 2021.
3. Full Force and Effect. Except as specifically amended herein, all of the terms, conditions and
covenants in the Option Agreement are ratified and restated herein as if set forth in full, and
shall continue in full force and effect.
4. Counterparts. This Amendment may be executed in several counterparts and all so executed
shall constitute one Agreement, binding on all the parties hereto even though all the parties are
not signatories to the original or the same counterpart. Delivery of a facsimile, scanned, or
other copy of a signed version of this Amendment has the same effect as delivery of an original.
Delivery by electronic transmission such as email or facsimile shall be deemed effective
delivery of a copy.
IN WITNESS WFIEREOF, this Amendment is executed as of the day and year first above
written.
Tukwila:
CITY OF TUKWILA, a municipal corporation
S- By:
Name: Allan Ekberg
Title: Maypr
Date: 8 113 d•-.0
Attest:
By:
Name:
ko9y $01t.4-1,1
Title: City Clerk
By:
Name: Jeffry M. awkinson
Title: City Attorney
TVDA:
TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, LLC, a Washington corporation
By:
Name: 'ryan M. Park
Title: Manager
Date:
2
17-132(k)
Council Approval N/A
ELEVENTH AMENDMENT TO LEASE OPTION AGREEMENT
THIS ELEVENTH AMENDMENT TO LEASE OPTION AGREEMENT ("Amendment') is
made as of this ar rday of January, 2020, by and between TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, LLC, a Washington limited liability company, ("TVDA"), and the CITY OF
TUKWILA, a municipal corporation operating under the laws of the State of Washington as a non -
charter code city ("Tukwila").
Recitals
A. TVDA and Tukwila are the parties to that certain Lease Option Agreement dated as ofJuly 19,
2017 for reference purposes, which grants Tukwila the Option to lease the Commons Premises
and the Plaza Premises as described therein (the "Option Agreement").
B. The Option Agreement was previously amended by the First Amendment to Lease Option
Agreement dated February 8, 2018, the Second Amendment to Lease Option Agreement dated
May 24, 2018, the Third Amendment to Lease Option Agreement dated July 30, 2018, the
Fourth Amendment to Lease Option Agreement dated September 20, 2018, the Fifth
Amendment to Lease Option Agreement dated October 31, 2018, the Sixth Amendment to
Lease Option Agreement dated December 12, 2018, the Seventh Amendment to Lease Option
Agreement dated February 28, 2019, the Eighth Amendment to Lease Option Agreement dated
April 17, 2019, the Ninth Amendment to Lease Option Agreement dated June 25, 2019, and
the Tenth Amendment to Lease Option Agreement dated September 27, 2019. TVDA and
Tukwila desire to further amend the Option Agreement on the terms and conditions set forth
herein.
Agreement
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements set forth
herein, and for good and valuable consideration, the receipt the receipt and sufficiency of which are
acknowledged, TVDA and Tukwila agree as follows:
1. Definitions. Capitalized terms used but not defined or amended herein shall have the meaning
given to such terms in the Option Agreement.
2. Extension of Termination Date. The Termination Date referenced in Section 2 of the Option
Agreement is hereby extended from January 31, 2020 to August 31, 2020.
3. Full Force and Effect. Except as specifically amended herein, all of the terms, conditions and
covenants in the Option Agreement are ratified and restated herein as if set forth in full, and
shall continue in full force and effect.
4. Counterparts. This Amendment may be executed in several counterparts and all so executed
shall constitute one Agreement, binding on all the parties hereto even though all the parties are
not signatories to the original or the same counterpart. Delivery of a facsimile, scanned, or
other copy of a signed version of this Amendment has the same effect as delivery of an original.
Delivery by electronic transmission such as email or facsimile shall be deemed effective
delivery of a copy.
IN WITNESS WHEREOF, this Amendment is executed as of the day and year first above
written.
Tukwila:
CITY OF TUKWILA, a municipal corporation
Da By:
Name: Allan Ekberg
Title: Mayor
Date; — — oz...c,
Attest:
By:
N am e : °leafy
Title: City Clerk
Approved as to form:
By:
Name: Jeffrey N4. Ilawkinson
Title: City Attorney
TVDA:
TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, LLC, a Washington corporation
By:
Name: Bryan M. Park
Title: Manager
Date: January 30, 2020
2
17-132(j)
Council Approval N/A
TENTH AMENDMENT TO LEASE OPTION AGREEMENT
THIS TENTH AMENDMENT TO LEASE OPTION AGREEMENT ("Amendment") is
made as of this 2.3.1day of September, 2019, by and between TUKWILA VILLAGE
DEVELOPMENT ASSOCIATES, LLC, a Washington limited liability company, ("TVDA"), and
the CITY OF TUKWILA, a municipal corporation operating under the laws of the State of
Washington as a non -charter code city ("Tukwila").
Recitals
A. TVDA and Tukwila are the parties to that certain Lease Option Agreement dated as ofJuly
19, 2017 for reference purposes, which grants Tukwila thc Option to lease the Commons
Premises and the Plaza Premises as described therein (the "Option Agreement").
B. The Option Agreement was previously amended by the First Amendment to Lease Option
Agreement dated February 8, 2018, the Second Amendment to Lease Option Agreement
dated May 24, 2018, the Third Amendment to Lease Option Agreement dated July 30,
2018, the Fourth Amendment to Lease Option Agreement dated September 20, 2018, the
Fifth Amendment to Lease Option Agreement dated October 31, 2018, the Sixth
Amendment to Lease Option Agreement dated December 12, 2018, the Seventh
Amendment to Lease Option Agreement dated February 28, 2019, the Eighth Amendment
to Lease Option Agreement dated April 17, 2019, and the Ninth Amendment to Lease
Option Agreement dated June 25, 2019. TVDA and Tukwila desire to further amend the
Option Agreement on the terms and conditions set forth herein.
Agreement
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements set
forth herein, and for good and valuable consideration, the receipt the receipt and sufficiency of
which are acknowledged, TVDA and Tukwila agree as follows:
1, Definitions. Capitalized terms used but not defined or amended herein shall have the
meaning given to such terms in the Option Agreement.
Extension of Termination Date. The Termination Date referenced in Section 2 of the
Option Agreement is hereby extended from September 30, 2019 to January 31, 2020.
3 Full Force and Effect. Except as specifically amended herein, all of the terms, conditions
and covenants in the Option Agreement are ratified and restated herein as if set thrth in
full, and shall continue in full force and effect.
4, Counterparts. This Amendment may be executed in several counterparts and all so
executed shall constitute one Agreement, binding on all the parties hereto even though all
the parties are not signatories to the original or the same counterpart. Delivery of a
facsimile, scanned, or other copy of a signed version of this Amendment has the same
effect as delivery of an original. Delivery by electronic transmission such as email or
facsimile shall be deemed effective delivery of a copy,
IN WITNESS WHEREOF, this Amendment is executed as of the day and year first above
written.
Tukwila:
CITY OF TUKWI „A, a municipal
corporation
By:
Name: Allan E
Title: Mayor
Date:
Attest:
By:
Name:
Ti -City Clerk
Approved as o form:
By:
Name: Jeffrey M. Hawkinson
Title: City Attorney
TVDA:
TUKWILA VILLAGE DEVUOPMENT
ASSOCIATES, LLC, a Washington corporation
By:
Name: Bryan M. Park
Title: Manager
Date:
2
17-132(1)
Council Approval NIA.
NINTH AMENDMENT TO LEASE OPTION AGREEMENT
THIS N1NTJLAMENDMENT TO LEASE OPTION AGREEMENT ("Amendment") is
made as of this?f ay of June, 2019, by and between TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, LLC, a Washington limited liability company, ("TVDA"), and the CITY OF
TUKWILA, a municipal corporation operating under the laws of the State of Washington as a non -
charter code city ("Tukwila").
Recitals
A. TVDA and Tukwila are the parties to that certain Lease Option Agreement dated as ofJuly
19, 2017 for reference purposes, which grants Tukwila the Option to lease the Commons
Premises and the Plaza Premises as described therein (the "Option Agreement").
13. The Option Agreement was previously amended by the First Amendment to Lease Option
Agreement dated February 8, 2018, the Second Amendment to Lease Option Agreement
dated May 24, 2018, the Third Amendment to Lease Option Agreement dated July 30,
2018, the Fourth Amendment to Lease Option Agreement dated September 20, 2018, the
Fifth Amendment to Lease Option Agreement dated October 31, 2018, the Sixth
Amendment to Lease Option Agreement dated December 12, 2018, the Seventh
Amendment to Lease Option Agreement dated February 28, 2019, and the Eighth
Amendment to Lease Option Agreement dated April 17, 2019. TVDA and Tukwila desire
to further amend the Option Agreement on the terms and conditions set forth herein.
Agreement
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements set
forth herein, and for good and valuable consideration, the receipt the receipt and sufficiency of
which are acknowledged, TVDA and Tukwila agree as follows:
1. Definitions. Capitalized terms used but not defined or amended herein shall have the
meaning given to such terms in the Option Agreement.
Extension of Termination Date. The Termination Date referenced in Section 2 of the
Option Agreement is hereby extended from June 30, 2019 to September 30, 2019.
3. Full Force and Effect. Except as specifically amended herein, all of the terms, conditions
and covenants in the Option Agreement are ratified and restated herein as if set forth in
full, and shall continue in full force and effect.
4. Counterparts. This Amendment may be executed in several counterparts and all so
executed shall constitute one Agreement, binding on all the parties hereto even though all
the parties are not signatories to the original or the same counterpart. Delivery of a
facsimile, scanned, or other copy of a signed version of this Amendment has the same
effect as delivery of an original. Delivery by electronic transmission such as email or
facsimile shall be deemed effective delivery of a. copy.
1
IN WITNESS WHEREOF, this Amendment is executed as of the day and year first above
written.
Tukwila:
CITY OF TUKWILA, a municipal
corporation
By:
Name: A Ian Ekberg
Title: Mayor
Date: —I
Atte
By:
Name
Title: City Clerk
Approved as to form:
Name: Jeffrey M. Hawkinson
Title: City Attorney
TVDA:
TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, LLC, a Washington corporation
By:.
Name: Bryan M. Park.
Title: Manager
Date:
2
17-132(h)
Council Approval N/A
EIGHTH AMENDMENT TO LEASE OPTION AGREEMENT
['IIS EIGHTH AMENDMENT TO LEASE OPTION AGREEMENT (:"mendmni") is
made as of this 17`x' day of April, 2019, by and between TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, LLC, a Washington limited liability company, ("TVDA "), and the CITY OF
TUKWILA, a municipal corporation operating under the laws of the State of Washington as a non -
charter code city ("Tukwila").
Reei
A. 'TDA and Tukwila are the parties to that certain Lease Option Agreement dated as of July
19, 2017 for reference purposes, which grants Tukwila the Option to lease the Commons
Premises and the Plaza Premises as described therein (the "Option Agreement).
B. The Option Agreement was previously amended by the First Amendment to Lease Option
Agreement dated February 8, 2018, the SecondAmendment to Lease Option Agreement
dated May 24, 2018, the Third Amendment to Lease Option Agreement dated July 30,
2018, the Fourth Amendment to Lease Option Agreement dated September 20, 2018, the
Fifth Amendment to Lease Option Agreement dated October 31, 2018, the Sixth
Amendment to Lease Option Agreement dated December 12, 2018, and the Seventh
Amendment to Lease Option Agreement dated February 28, 2019. TVDA and Tukwila
desire to further amend the Option Agreement on the terms and conditions set forth herein.
NOW, THEREFORE., in consideration of the foregoing and the mutual agreements set
forth herein, and for good and valuable consideration, the receipt the receipt and sufficiency of
which are acknowledged, TVDA and Tukwila agree as follows:
Definitions. Capitalized terms used but not defined or amended herein shall have the
meaning given to such terms in the Option Agreement.
Extension of Termination Date. The Termination Date referenced in Section 2 of the
Option Agreement is hereby extended from April 30, 2019 to June 30, 2019.
3. Full Force and Effect. Except as specifically amended herein, all of the terms, conditions
and covenants in the Option Agreement are ratified and restated herein as if set forth in
full, and shall continue in full force and effect.
4. Counterparts. This Amendment may be executed in several counterparts and all so
executed shall constitute one Agreement, binding on all the parties hereto even though all
the parties are not signatories to the original or the same counterpart. Delivery of a
facsimile, scanned, or other copy of a signed version of this Amendment has the same
effect as delivery of an original. Delivery by electronic transmission such as email or
facsimile shall be deemed effective delivery of a copy.
2.
1
IN 'WITNESS WHEREOF, this Atnendment is executed as of the day and year first above
written.
Tukwila:
CITY OF TUKMIlLA, a municipal
corporation
(.5
By:
Name: Allan Ekberg
Title: Mayor
Date:
Attest:
By:
Name:
Title: City Clerk
Approved as to form:
By:
-;)
Name: Jeffrey
. I lawlunson
Title: City Attorney
TVDA:
TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, LLC, a Washington corporation
By:
Name: Bryan M. Park
Title: Manager
7
Date:
17-132(g)
Council Approval N/A
SEVENTH AMENDMENT TO LEASE OPTION AGREEMENT
TI -IIS SE\=1 N"11I .AlILNDMENT TO LEASE OPTION AGREEMENT ("Amendment")
is made as of this 28`h day of February. 2019. by and between TUKWILA VILLAGE
DI \r1=1 OP \IEN"1, ASSOCIATES. LLC a 'Washington limited liability company. ("TI D;4 "). and
the CITY OF TUKWILA. a municipal corporation operating under the laws of the State of
Washington as a non -charter code cite ("Tukl�iIu"j.
A.
Recitals
1'VDA and Tukkila are the parties to that certain Lease Option Agreement dated as of July
19.
2017 for reference purposes, which grants Tukwila the Option to lease the Commons
Premises and the Plaza Premises as described therein (the "Option Agreement").
B. The Option Agreement was previously amended by the FirstAmendment to Lease Option
,Agreement dated February 8, 2018. the Second Amendment to Lease Option Agreement
dated Ma 24, 2018. the Third Amendment to Lease Option Agreement dated July 30,
2018. the Fourth Amendment to Lease Option Agreement dated September 20, 2018. the
Fifth Amendment to Lease Option Agreement dated October 31, 2018, and the Sixth
Amendment to Lease Option .Agreement dated December 12, 2018. TVDA and Tukwila
desire to further amend the Option Agreement on the terms and conditions set forth herein.
Agreement
N( ERF1=ORI . in consideration of the foregoing and the mutual agreements set
ierein, and for good and valuable consideration, the receipt the receipt and sufficiency of
are acknowledged, TVDA and Tukwila agree as follows:
Definitions. Capitalized terms used but not dclined or amended herein shall have the
meaning given to such terms in the Option Agreement.
Extension of Termination Date. The Termination Date referenced in Section 2 of the
Option \ treemcnt is hereby extended from February 28. 2019 to April 30, 2019.
Full Force and Effect. Except as specifically amended herein_ all of the terms, conditions
and covenants in the Option Agreement are ratified and restated herein as if set forth in
full, and shall continue in full force and effect.
4. Counterparts. "Phis Amendment mai be executed in several counterparts and all so
executed shall constitute one Agreement, binding on all the parties hereto even though all
the parties are not signatories to the original or the same counterpart. Delivery of a
facsimile. scanned, or other copy of a signed version of this Amendment has the same
effect as delivery of an original. Delivery by electronic transmission such as entail or
facsimile shall be deemed effective delivery of a copy.
VAC,
IN WITNESS WHEREOF, this Amendment is executed as of the day and year first above
written.
Tukwila:
CITY OF TUKWILA, a municipal
corporation
By:
Name: an Ekberg
"Title: Mayor
Date: 3-7—��
Attest:
By:
Name:
Title: City Clerk
Approved as to form:
By:
Name: Jef
Title: City Atto
Hawkinson
TVDA:
TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, LLC, a Washington corporation
Name: Bryan M. Park
Title: Manager
Date: 2--/Z d i�
17-132(0
Council Approval N/A
six-rn .A.NIENDMEN't TO LEASE OPTION AGREEMENT
1111S SIX111 AMENDNILlN 1,1 i\s1 optR)N AGRELNEN (-Amendinent-) is
made as of this 12th day of Deeenther, 2018, b) and between T1 VILLAGP:
1)L.VF1OPMEN1 ASSOCLA [LS, LLC, a Washington limited liahilitv company, (-TVDA"), and
the C11 Y OF IIIKW1LA, a municipal corporation operating under the laws of the State of
Washington as a non-chartcr codc city ("Tukivi/a").
Recitals
1V1)A and '1 ukwila are the parties to that certain Lease. Option Agreement dated as of Ju y
19, 2017 for reference purposes, which grunts Tukwila thc Option to lease the Commons
Premises and the Plaza Premises as described therein (the -Option Agreement'
14. The Option Agreement was previouslyamended by the First Amendment to I ease Option
Agreement dated February 8, 2018„ the Second Amendment to Lease Option Agreement
dated May 24, 21118, the 1 hird Amendment to Lease Option Agreement dated July 30,
2018, the Fourth Amendment to Lease Option Agreement dated September 20„. 2018, and
the Fifth Amendinent to Lease Option Agreement dated October 31, 2018. TVDA and
ukwila desire to further amend the Option Agreement on the terms and conditions set
Forth herein.
1gs-cement
NOW, l'IlLINFORL. in consideration of the foregoing and the mutual agreements sci
forth herein, and for good and \ ',linable consideration, the receipt the receipt and sufficiency of
which are acknowledged, 1A/DA and Tukwila agree as s:
1, Definitions. Capitalized terms used but not defined or amended herein shall have the
meaning given to such terms in the Option Agreement.
3.
Extension of Termination Date. The '1 ermination Date referenced in Section 2 ol the
Option Agreement is hereby extended from December 15, 2018 to Februar) 28, 2019.
Full Force and Effect. l'..xeept as specifically amended herein, all of the terms, conditions
and covenants in the Option Agreement are ratified and restated herein as if set forth in
ul!1114 sikdleontinue in 11111 force and efteet.
Counterparts. This Amendment may he executed in several counterparts and all so
executed shall constitute one Agreement, binding on all the parties hereto even though all
the parties are not signatories to the original or the same counterpart. Delivery of a
facsimile, scanned, or other copy of a signed version of this Amendment has the same
effect as delivery of an original. f)elivery by electronic transmission such as email or
facsimile shall be deemed effective delivery of a copy.
(L)
IN VIINL`.iS \\ II 's Arrienclinent is executed as
written.
l'Y l I UKW1IA. a nininicipal
corporation
t,irne: 2\ 1",kberL,'
I itle:
1)ttite: 1
Allk2Sti
Name:
1 tile: Cit) e11<
ii\optimed as to lorin:
Je.111'C M: 1 la \VkillS011
fide: City iii\twrricv
TVDA:
11(1
cur first t.
1 ilcWILA \ILIA(i1)1. \111,()1)\11i,N I
ASSOCIA1T,S, LI,C, a VVashington comoratiori
13y:
Br\i'all M. 1)M'k
1 itle: Vlarra,i„ier
1)atc:
/2,_ /.)- .20/8
17-132(e)
Council Approval N/A
FIFTH AMENDMENT TO LEASE OPTION AGREEMENT
THIS FIFTH AMENDMENT TO LEASE OPTION AGREEMENT ("Amendment") is
made as of this 31* day of October, 2018, by and between TUKWILA VILLAGE
DEVELOPMENT ASSOCIATES, LLC, a Washington Iimited liability cornpany, ("TVDA "), and
the CITY OF TUKWILA, a municipal corporation operating under the laws of the State of
Washington as a non -charter code city ("Tukwila").
Recitals
A. TVDA and Tukwila are the parties to that certain Lease Option Agreement dated as ofJuly
19, 2017 for reference purposes, which grants Tukwila the Option to lease the Commons
Premises and the Plaza Premises as described therein (the "Option Agreement").
B. The Option Agreement was previously amended by the First Amendment to Lease Option
Agreernent dated February 8, 2018, the Second Arncndrnent to Lease Option Agreement
dated May 24, 2018, the Third Amendment to Lease Option Agreement dated July 30,
2018, and the Fourth Amendment to Lease Option Agreement dated September 20, 2018.
T\/[}/\ and Tukwila desire to further amend the Option Agreement on the terms and
conditions set forth herein.
Agreement
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements set
forth herein, and for good and valuable considcration, the receipt the receipt and sufficiency of
which arc acknowledged, TVDA and Tukwila agree as follows:
1. Definitions. Capitalized terms used but not defined or amended herein shall have the
meaning given to such terms in the Option Agreement.
2. Extension of Termination Date. The Termination Date referenced in Section 2 of the
Option Agreement is hereby extended from October 31, 2018 to December 15, 2018.
3. Full Force and Effect. Except as specifically amended herein, all ofthe terms, conditions
and covenants in the Option Agreement are ratified and restated herein as if set forth in
full, and shall continue in full force and effect.
4. Counterparts. This Amendment may be executed in several counterparts and all so
executed shall constitute one Agreement, binding on all the parties hereto even though all
the parties are not signatories to the original or the same counterpart. Delivery of a
facsimile, scanned, or other copy of a signed version of this Amendment has the same
effect as delivery of an original. Delivery by electronic transmission such as email or
facsimile shall be deemed effective delivery of a copy.
T
IN WITNESS WHEREOF, this Amendment is executed as of the day and year first above
written.
Tukwila:
CITY OF TUKWILA, a municipal
corporation
Title: Mayor
Date: it- i6
Attest:
By: /1,k,
Name:
Title: City Clerk
Approved as to form:
TVDA:
TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, LLC, a Washington corporation
By:
Name. Bryan M. Park
Title: Manager
Date:
By: eet x
HI:Pr rtz-.) *,r
Name: Jeffrey M. Hawkinson
Title: City Attorney
2
I[ VI IFRNOL., this Amendment is executed as olthe day Lind ..ear First above
l'iltC11.
Tukwila:
VDA:
(.11y or Tt. K \VILA, a inunicipal 11..1K \VILA VILLAGE IANIA,UPN/IENT
corporation ASSOC1A1 kS. I.1 C. i 'Washington corp..)ration
,...7
.
Name: Allafi 'ikber,g Name: livin Nd. Park
Tide: M'a> or Title: 'i,r,K/inager
1)Li 1)Lae.
Attest:
NMC:
itle..„.4?fiy Clerk
Approved as to form:
131:
J
,
Nallle: re\
1 Ilk: Cil \ At l(
ki\amson
17-132 (d)
Council Approval N/A
FOURTH AMENDMENT TO LEASE OPTION AGREEMENT
THIS FOURTH AMENDMENT TO LEASE OPTION AGREEMENT ("Amendment") is
made as of this 20th day of September, 2018, by and between TUKWILA VILLAGE
DEVELOPMENT ASSOCIATES, LLC, a Washington limited liability company, ("TVDA"), and
the CITY OF TUKWILA, a municipal corporation operating under the laws of the State of
Washington as a non -charter code city ("Tukwila").
Recitals
A. TVDA and Tukwila are the parties to that certain Lease Option Agreement dated as of July
19, 2017 for reference purposes, which grants Tukwila the Option to lease the Commons
Premises and the Plaza Premises as described therein (the "Option Agreement").
The Option Agreement was previously amended by the First Amendment to Lease Option
Agreement dated February 8, 2018, the Second Amendment to Lease Option Agreement
dated May 24, 2018 and the Third Amendment to Lease Option Agreement dated July 30,
2018. TVDA and Tukwila desire to further amend the Option Agreement on the terms and
conditions set forth herein.
B.
Agreement
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements set
forth herein, and for good and valuable consideration, the receipt the receipt and sufficiency of
which are acknowledged, TVDA and Tukwila agree as follows:
1. Definitions. Capitalized terms used but not defined or amended herein shall have the
meaning given to such terms in the Option Agreement.
2. Extension of Termination Date. The Termination Date referenced in Section 2 of the
Option Agreement is hereby extended from September 28, 2018 to October 31, 2018.
3. Full Force and Effect. Except as specifically amended herein, all of the terms, conditions
and covenants in the Option Agreement are ratified and restated herein as if set forth in
full, and shall continue in full force and effect.
4. Counterparts. This Amendment may be executed in several counterparts and all so
executed shall constitute one Agreement, binding on all the parties hereto even though all
the parties are not signatories to the original or the same counterpart. Delivery of a
facsimile, scanned, or other copy of a signed version of this Amendment has the same
effect as delivery of an original. Delivery by electronic transmission such as email or
facsimile shall be deemed effective delivery of a copy.
IN WITNESS WHEREOF, this Amendment is executed as of the day and year first above
written.
Tukwila:
CITY OF TUKWILA, a municipal
corporation
By:
Name: A
Title: Mayor
Date: Gr,.fnb.e-r
Attest:
By:
Name:
Title: City Clerk
Approved as to form:
By:
Name: Jeffrey M. Hawkinson
Title: City Attorney
TVDA:
TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, LLC, a Washington corporation
By:
Name: Bryan M. Park
Title: Manager
Date:
2
off
17-132(c)
Council Approval N/A
THIRD AMENDMENT TO LEASE OPTION AGREEMENT
THIS THIRD AMENDMENT TO LEASE OPTION AGREEMENT ("Amendment") is
made as of this 30th day of July, 2018, by and between TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, LLC, a Washington limited liability company, ("TVDA"), and the CITY OF
TUKWILA, a municipal corporation operating under the laws of the State of Washington as a non -
charter code city ("Tukwila").
Recitals
A. TVDA and Tukwila are the parties to that certain Lease Option Agreement dated as of July
19, 2017 for reference purposes, which grants Tukwila the Option to lease the Commons
Premises and the Plaza Premises as described therein (the "Option Agreement").
B. The Option Agreement was previously amended by the First Amendment to Lease Option
Agreement dated February 8, 2018 and the Second Amendment to Lease Option
Agreement dated May 24, 2018. TVDA and Tukwila desire to further amend the Option
Agreement on the terms and conditions set forth herein.
Agreement
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements set
forth herein, and for good and valuable consideration, the receipt the receipt and sufficiency of
which are acknowledged, TVDA and Tukwila agree as follows:
1. Definitions. Capitalized terms used but not defined or amended herein shall have the
meaning given to such terms in the Option Agreement.
2. Extension of Termination Date. The Termination Date referenced in Section 2 of the
Option Agreement is hereby extended from July 31, 2018 to September 28, 2018.
3. Full Force and Effect. Except as specifically amended herein, all of the terms, conditions
and covenants in the Option Agreement are ratified and restated herein as if set forth in
full, and shall continue in full force and effect.
4. Counterparts. This Amendment may be executed in several counterparts and all so
executed shall constitute one Agreement, binding on all the parties hereto even though all
the parties are not signatories to the original or the same counterpart. Delivery of a
facsimile, scanned, or other copy of a signed version of this Amendment has the same
effect as delivery of an original. Delivery by electronic transmission such as email or
facsimile shall be deemed effective delivery of a copy.
1
IS� °� a Dro,_)� nal S
IN WITNESS WHEREOF, this Amendment is executed as of the day and year first above
written.
Tukwila:
CITY OF TUKWILA, a municipal
corporation
By:
Name: Allan Ekberg
Title: Mayor
Date:
Attest:
By:
Name:
Title: City Clerk
Approved as to form:
By:
Name: Jet rey 1 I-Iawkinson
Title: City Attorney
TVDA:
TUKWILA VILLAGE, DEVELOPMENT
ASSOCIATES, LLC, a Washington corporation
13y:
Name: Bryan M. Park
Title: Manager
Date: 0 /
A 61
17-132 (b)
Council Approval N/A
SECOND AMENDMENT TO LEASE OPTION AGREEMENT
THIS SECOND AMENDMENT TO LEASE OPTION AGREEMENT ("Amendment") is
made as of this 24 day of May 2018, by and between TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, LLC, a Washington limited liability company, ("TVDA"), and the CITY OF
TUKWILA, a municipal corporation operating under the laws of the State of Washington as a non -
charter code city ("Tukwila").
Recitals
A. TVDA and Tukwila are the parties to that certain Lease Option Agreement dated as of July
19, 2017 for reference purposes, which grants Tukwila the Option to lease the Commons
Premises and the Plaza Premises as described therein (the "Option Agreement").
B. The Option Agreement was previously amended by the First Amendment to Lease Option
Agreement dated February 8, 2018. TVDA and Tukwila desire to further amend the Option
Agreement on the terms and conditions set forth herein.
Agreement,
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements set
forth herein, and for good and valuable consideration, the receipt the receipt and sufficiency of
which are acknowledged, TVDA and Tukwila agree as follows:
1. Definitions. Capitalized terms used but not defined or amended herein shall have the
meaning given to such terms in the Option Agreement.
2. Extension of Termination Date. The Termination Date referenced in Section 2 of the
Option Agreement is hereby extended from May 31, 2018 to July 31, 2018.
3. Full Force and Effect. Except as specifically amended herein, all of the terms, conditions
and covenants in the Option Agreement are ratified and restated herein as if set forth in
full, and shall continue in full force and effect.
4. Counterparts. This Amendment may be executed in several counterparts and all so
executed shall constitute one Agreement, binding on all the parties hereto even though all
the parties are not signatories to the original or the same counterpart. Delivery of a
facsimile, scanned, or other copy of a signed version of this Amendment has the same
effect as delivery of an original. Delivery by electronic transmission such as email or
facsimile shall be deemed effective delivery of a copy.
o -F 02_ 0 r4
1
IN WITNESS WHEREOF, this Amendment is executed as of the day and year first above
written.
Tukwila:
CITY OF TUKWILA, a municipal
corporyto
13)
Name: Allan Ekberg
Title: Mayor
Date: m1 ti d y log
5/21/6
Attest:
By:
Name: r I'S +1
Title: City Clerk
Approved as to form:
Di— Mu/
By:
Name: Jef -ey Hawkinson
Title: City Attorney
TVDA:
TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, LLC, a Washington corporation
49,1
Name: Bryan M. Park •
Title: Manager /
Date: -C/ /r/01 / g
2
17-132(a)
Contract Approval N/A
FIRST AMENDMENT TO LEASE OPTION AGREEMENT
THIS FIRST AMENDMENT TO LEASE OPTION AGREEMENT ("Amendment") is
made as of this pi day of February, 2018, by and between TUKWILA VILLAGE
DEVELOPMENT ASSOCIATES, LLC, a Washington limited liability company, ("TVDA"), and
the CITY OF TUKWILA, .a municipal corporation operating under the laws of the State of
Washington as a non -charter code city ("Tukwila").
Recitals
A. TVDA and Tukwila are the parties to that certain Lease Option Agreement dated as of July
19, 2017 for reference purposes, which grants Tukwila the Option to lease the Commons
Premises and the Plaza Premises as described therein (the "Option Agreement").
B. TVDA and Tukwila desire to amend the Option Agreement on the terms and conditions
set forth herein.
Agreement
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements set
forth herein, and for good and valuable consideration, the receipt the receipt and sufficiency of
which are acknowledged, TVDA and Tukwila agree as follows:
1. Definitions. Capitalized terms used but not defined or amended herein shall have the
meaning given to such terms in the Option Agreement.
2. Extension of Termination Date. The Termination Date referenced in Section 2 of the
Option Agreement is hereby extended from February 15, 2018 to May 31, 2018.
3. Full Force and Effect. Except as specifically amended herein, all of the terms, conditions
and covenants in the Option Agreement are ratified and restated herein as if set forth in
full, and shall continue in full force and effect.
4. Counterparts. This Amendment may be executed in several counterparts and all so
executed shall constitute one Agreement, binding on all the parties hereto even though all
the parties are not signatories to the original or the same counterpart. Delivery of a
facsimile, scanned, or other copy of a signed version of this Amendment has the same
effect as delivery of an original. Delivery by electronic transmission such as email or
facsimile shall be deemed effective delivery of a copy.
1st Amendment to Lease Option Agreement Page 1
IN WITNESS WHEREOF, this Amendment is executed as of the day and year first above
written.
Tukwila:
CITY OF TUKWILA, a municipal
corporation
By:
Name: A 11 be(
Title: ten ou./ or
Date: O?/O//
Attest:
By:
Ck6530 OF1a , City Clerk
Approved as to form:
By:
Jeffrey M. I ..awkinson
City Attorney
TVDA:
TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, LLC, a Washington corporation
By:
Name. Bryan M. Park
Title: Manager
Date: ./7 4? Dr�
Oa_
1 Amendment to Lease Option Agreement Page 2
17-132
Council Approval N/A
Reference 12-129
LEASE OPTION AGREEMENT
("Me
;CS A6 1 (
THIS LEASE OPTION AGREEMENT is made as of this 19`h day of July, 2017, by and
between TUKWILA VILLAGE DEVELOPMENT ASSOCIATES, LLC, a Washington limited
liability company, ("TVDA"), and the CITY OF TUKWILA, a municipal corporation operating
under the laws of the State of Washington as a non -charter code city ("Tukwila").
Recitals
Tukwila is the owner of real property legally described on Exhibit A attached (the
"Property"). Pursuant to (i) that certain Disposition and Development Agreement dated as of
October 30, 2012 entered into by and between the City of Tukwila and Tukwila Village
Development Associates, LLC, and amended by that certain First Amendment to the Disposition
and Development Agreement dated as of May 18, 2015 (as amended, the "Disposition
Agreement"), and (ii) that certain Real Estate Purchase and Sale Agreement (Tukwila Village
Phase 1) dated August 15, 2016, as amended by Addendum #1 dated January 30, 2017 and by
Addendum #2 dated June 12, 2017 (as amended, the "Purchase Agreement'), Tukwila has
agreed to convey the Property to TDVA. As a condition to the closing of the purchase and sale
of the Property in accordance with the 'Disposition Agreement and the Purchase Agreement,
TVDA has agreed to grant Tukwila an option to lease a portion of the Property as provided
herein.
Agreement
NOW, THEREFORE, for good and valuable consideration, the receipt the receipt and
sufficiency of which are acknowledged, TVDA and Tukwila agree as follows:
Grant of Option. TVDA hereby grants Tukwila an option (the "Option") to lease a
portion of the Property (defined as the "Premises" in the form of Lease attached hereto as
Exhibit B), for the term and upon all of the terms and conditions as provided in the form
of Lease attached hereto as Exhibit B (the "Lease").
2. Term of Option. The Option granted to Tukwila herein shall commence on the date
hereof and shall expire on February 15, 2018 ("Termination Date").
3. Exercise of Option. Tukwila may exercise this Option by giving written notice to
TVDA by the Termination Date. If Tukwila does not give such written notice by the
Termination Date, this Option shall terminate.
4. Execution of Lease. If Tukwila or a Permitted Assignee exercises the Option by giving
written notice to TVDA by the Termination Date, TVDA and Tukwila or a Permitted
Assignee shall each cause the Lease in the form attached as Exhibit B to be fully
executed, acknowledged and delivered within ten (10) days thereafter.
5. Operations Prior to Commencement Date. Between the closing date under the
Purchase Agreement and the Commencement Date under the Lease, TVDA shall operate
the Property in a commercially reasonable manner and in accordance with Section 2.8A.
of the Disposition Agreement and the Statements of Purpose and Design for the Property
subsequently attached to and incorporated by reference into the Disposition Agreement as
Exhibit N and Exhibit 0 thereto, respectively, and shall not default in any of its
obligations under any other agreement affecting the Property.
6. Notices. All notices required or permitted hereunder shall be in writing and shall be
given as follows:
If to TVDA:
If to Tukwila:
With a copy to:
Tukwila Village Development Associates, LLC
c/o Pacific Northern Construction Company, Inc.,
Manager
201 — 27th Avenue SE, Building A, Suite 300
Puyallup, WA 98374
ATTN: Bryan M. Park, Manager
Email: bryanp@housing4seniors.com
Office: (253) 231-5001
Fax: (253) 231-5010
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
Pepple Cantu Schmidt PLLC
1000 Second Avenue, Suite 2950
Seattle, Washington 98104
Attn: Jeffrey M. Hawkinson
Email: jhawkinson@pcslegal.com
Office: (206) 625-2302
Fax No. (206) 625-1627
Any such notices shall be (a) sent by certified mail, return receipt requested, in which
case notice shall be deemed delivered three business days after deposit, postage prepaid
in the U.S. mail, or (b) sent by a nationally recognized overnight courier, in which case
notice shall be deemed delivered one business day after deposit with such courier; or (c)
served personally, in which case notice shall be deemed given on the date of such service.
The above addresses may be changed by written notice to the other party; provided that
no notice of a change of address shall be effective until actual receipt of such notice.
7. Assignment. Tukwila may .assign this Option or the Lease to a "Community
Organization" (the "Permitted Assignee") as defined in Section 2.8F. of the Disposition
Agreement and in Section 1.2 of the Lease for the purposes set forth in Section 2.8 of the
Disposition Agreement.
8. General Provisions. TVDA and Tukwila agree as follows:
(a) If TVDA defaults hereunder, Tukwila may seek specific performance, damages or
rescission.
(b) This Agreement may be modified or amended only by a writing signed by TVDA
and Tukwila.
(c) This Agreement shall be binding upon and shall inure to the benefit of the
respective successors and assigns of the parties, including without limitation any
transferee of fee simple title to the Property.
(d) This Agreement shall be governed by the laws of the State of Washington.
(e) Time is of the essence of this Agreement.
(f) In the event of any claim or dispute arising out of this Agreement, the party that
substantially prevails shall be awarded, in addition to all other relief, all legal fees
and other costs and expenses incurred in connection with such claim or dispute;
including without limitation those fees, costs, and expenses incurred with or
without suit, and in any appeal, any proceedings under any present or future
bankruptcy act or receivership, and any post judgment proceedings.
IN WITNESS WHEREOF, this Agreement is executed as of the day and year first above
written.
Tukwila:
CITY OF TUKWILA, a municipal
corporation
By:
Name: T1 6
Title: Mayor
Date:
4,111":"11111" .11111r --..mw
ay.) Pfr"
9 -t9 -n
Approved as to form:
TVDA:
TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, LLC, a Washington corporation
By:
Name: Bryan M. Park
Title: Manager
Date: 7//7 /oI7
EXHIBIT A
TO
LEASE OPTION AGREEMENT
LEGAL DESCRIPTION OF PROPERTY
The Property which is subject to this Agreement is situate in the County of King, State of
Washington, and legally described as follows:
Parcel C, City of Tukwila Lot Consolidation No. L13-021, recorded under King County
Recording No. 20150428900001.
EXHIBIT B
TO
LEASE OPTION AGREEMENT
FORM OF LEASE
LEASE
between
TUKWILA VILLAGE ASSOCIATES (1) LIMITED PARTNERSHIP, as LANDLORD
and
CITY OF TUKWILA, as TENANT
Dated , 201_
For a portion of The Commons and Plaza at Tukwila Village
Tukwila, Washington
LEASE
TABLE OF CONTENTS
1. EXHIBITS, DEFINITIONS AND CONDITIONS. 4
1.1 Exhibits. 4
1.2 Definitions 4
2. PREMISES AND TERM 6
2.1 Premises and Demise. 6
2.2 Term 6
2.3 Surrender of Premises. 6
3. RENT. 6
3.1 Rent. 6
3.2 No Deduction or Offset 7
4. TITLE AND USE. 7
4.1 Title and Authority of Landlord 7
4.2 Hazardous Substances 7
4.3 Quiet Enjoyment. 7
4.4 Use of the Premises 8
4.5 Signs 8
5. ALTERATIONS. 8
5.1 'Trade Fixtures; Alterations. 8
5.2 Structural Alterations. 8
5.3 Standard of Work 8
5.4 Liens. 9
6. TAXES, ASSESSMENTS & UTILITIES 9
6.1 Real Estate Taxes and Assessments 9
6.2 Personal Property Taxes. 9
6.3 Utilities 9
7. LANDLORD'S MAINTENANCE AND REPAIR OBLIGATIONS 9
7.1 Maintenance of Building 9
7.2 Maintenance of Plaza 10
8. TENANT'S MAINTENANCE OBLIGATIONS 10
8.1 Maintenance of Commons Premises 10
8.2 Maintenance of Plaza Premises. 10
9. INDEMNITY AND INSURANCE. 10
9.1 indemnity By Tenant. 10
9.2 Indemnity By Landlord 10
9.3 Property Insurance. 11
9.4 Liability Insurance. 11
9.5 General. 11
9.6 Waiver of Subrogation 12
9.7 Certificates of Insurance. 12
10. DAMAGE BY CASUALTY. 12
10.1 Repair and Restoration 12
10.2 Rental Abatement 12
Commons Lease (Tukwila Villaee) 071917
Page 2
11. CONDEMNATION AND GOVERNMENTAL ACTION.
11.1 Total Taking
1 1.2 Partial Taking
11.3 Restoration.
11.4
12. DEFAULT
12.1 Tenant's Default
Proceedings.
12.2 Landlord's Remedies.
12.3 Landlord's .Defaults.
12.4 Tenant's Remedies
12.5 Other Remedies
13. GENERAL PROVISIONS.
13.1 Attorney Fees.
13.2 Assignment and Subletting.
13.3 Subordination; Recognition.
13.4 Estoppel Certificate
13.5 Sale by Landlord.
13.6
13.7
13.8
13.9
13.10
13.11
13.12
13.13
13.14
13.15
13.16
13.17
13.18
13.19
13.20
EXHIBIT A
EXHIBIT B
EXHIBIT C
Trade Fixtures and Personal Property
Memorandum of Lease.
Notices.
Rights of Successors.
Holdover.
Interest
Severability.
Time of Essence.
Commercial .Reasonableness.
Amendments.
Entire Agreement.
Force Majeure.
Relationship of Parties.
No Brokerage Commission
Prevailing Law.
LEGAL DESCRIPTION OF PROPERTY
VISUAL DEPICTION OF PREMISES
MEMORANDUM OF LEASE
Commons Lease (Tukwila Village) 071917
Page 3
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LEASE
THIS LEASE is entered into as of this day of , 201_, between TUKWILA
VILLAGE ASSOCIATES (1) LIMITED PARTNERSHIP, a Washington limited partnership,
("Landlord") whose address 201 — 27th Avenue SE, Building A, Suite 300, Puyallup, WA
98374, and the CITY OF TUKWILA, a municipal corporation operating under the laws of the
State of Washington as a non -charter code city [or the "Community Organization" defined
below] ("Tenant"), whose address is 6200 Southcenter Boulevard, Tukwila, WA 98188 [or
address of the Community Organization].
1.
EXHIBITS, DEFINITIONS AND CONDITIONS.
1.1 Exhibits.
The following exhibits are attached and made a part of this Lease:
Exhibit A
Exhibit B
Exhibit C
1.2 Definitions.
Legal Description of the Property
Visual Depiction of Premises
Memorandum of Lease
The following terms used in this Lease shall have the definitions as set forth below:
"Building": means the community center building located on the Property, commonly
known as the "Commons at Tukwila Village," consisting of approximately 4,253 square feet.
"Commencement Date": The first date on which all of the following have occurred:
(a) Landlord has completed construction of the Building and the Premises in accordance with
City of Tukwila Permit No. D14-0178 and the Statement of Purpose and Design subsequently
attached as Exhibit 0 to the Disposition Agreement; (b) Landlord's architect has provided a
certificate of substantial completion to Landlord and Tenant with respect to the Building;
(c) .Landlord has delivered possession of the Premises to Tenant for Tenant's exclusive use in
accordance with Section 2.8 of the Disposition Agreement and the Statement of Purpose and
Design subsequently attached as Exhibit 0 to the Disposition Agreement; (d) the City of Tukwila
has issued a certificate of occupancy for the Building; (e) Tenant has exercised the Option in
accordance with the Option Agreement dated July _, 2017 between Landlord and Tenant; and
(0 Landlord has provided Tenant with commercially reasonable SNDA(s) with respect to any
Master Lease or Mortgage in accordance with Section 13.3 of this Lease.
"Common Area": Those portions of the Building which are available for the common
use, convenience, and benefit of all tenants of the Building, and not intended for lease to anyone,
including without limitation the reception area, the restrooms, and the mechanical room as
depicted on Exhibit B.
Commons Lease (Tokmvila Village) 071917 Paee 4
"Commons Premises": the portion of the Building consisting of the Community Room,
the Catering Kitchen, and the Storage Room adjacent to the Community Room, as depicted on
Exhibit B.
"Community Organization": A non-profit corporation formed with the mutual approval
of Landlord and the City of Tukwila to serve the purpose and function of the "Community
Organization" under Section 2.8F. of the Disposition Agreement.
"Disposition Agreement": Disposition Agreement shall mean that certain Disposition
and Development Agreement dated as of October 30, 2012 entered into by and between the City
of Tukwila and Tukwila Village Development Associates, LLC, and amended by that certain
First Amendment to the Disposition and Development Agreement dated as of May 18, 2015.
"Environmental Law": Any federal, state or local law, statute, ordinance, or regulation
pertaining to health, industrial hygiene, or environmental conditions, including, without
limitation, the Comprehensive Environmental Response, Compensation and Liability Act of
1980, 42 U.S.C. § 9601, et seq.; the Resource Conservation and Recovery Act of 1976, 42
U.S.C. § 6901, et seq.; the Toxic Substances Control Act of 1976, 15 U.S.C. § 2601, et seq.; the
Superfund Amendments and Reauthorization Act of 1986, Title III, 42 U.S.C. § 1101, et seq.; the
Clean Air Act, 41 U.S.C. § 7401, el seq.; the Federal Water Pollution Control Act, 33 U.S.C.
§ 1251, et seq_; The Safe Drinking Water Act, 41 U.S.C. § 300f, et seq.; the Solid Waste
Disposal Act, 42 U.S.C. § 3251, et seq.; and any other federal, state or local law, statute,
ordinance, or regulation now in effect or hereinafter enacted which pertains to health, industrial
hygiene, or the regulation or protection of the environment, including without limitation, ambient
air, soil, groundwater, surface water, or land use.
"Hazardous Substances": Any material, waste, substance, pollutant, or contaminant
which may or could pose a risk of injury or threat to health or the environment, including,
without limitation: (i) those substances included within the definitions of "hazardous substance",
"hazardous waste", "hazardous material", "toxic substance", "solid waste", or "pollutant or
contaminant" in or otherwise regulated by, any Environmental Law; (ii) those substances listed
in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. 17.10I,
including appendices and amendments thereto), or by the Environmental Protection Agency (or
any successor agency) as hazardous substances (40 C.F.R. Part 302 and amendments thereto);
(iii) such other substances, materials, or wastes which are or become regulated or classified as
hazardous or toxic under any Environmental Law; and (iv) any material, waste, or substance
which is (A) petroleum or refined petroleum products; (B) asbestos in any form;
(C) polychlorinated biphenyls; (D) flammable explosives; or (E) radioactive materials.
"Interest": Interest shall mean 2% per annum above the rate of interest publicly
announced by Bank of America, N.A., or its successors in interest, as its "prime rate", adjusted
simultaneously with each adjustment in such "prime rate". If Bank of America, N.A. no longer
publicly announces its "prime rate", the rate of interest designated by Citibank, N.A. or its
successors in interest as its "prime rate" shall be used.
"Lease Year": The first Lease Year shall be the period beginning on the Commencement
Date and terminating twelve (12) months from the last day of the calendar month in which the
Commons Lease (Tukwila Village) 071917 Page 5
Commencement Date occurs (except that if the Commencement Date occurs on the first day of a
calendar month, the first Lease Year shall terminate on the day prior to the first anniversary of
the Commencement Date), and in the case of each subsequent Lease Year, means each twelve
(12) month period following the first Lease Year.
"Plaza Premises": The outdoor plaza on the Property, consisting of all of the real
property Iegally described on Exhibit A except for (i) the portion on which the Building is
situated; and (ii) the outdoor cafe seating area located north of the Building, as depicted on
Exhibit B.
"Premises": the Commons Premises and the Piaza Premises, together with the non-
exclusive use of the Reception area, Restrooms, and Mechanical Room, as depicted on Exhibit
B.
"Property": The real property legally described on Exhibit A attached, the Building, all
other improvements located on the real property, and appurtenant easements and rights.
2.
PREMISES AND TERM.
2.1 Premises and Demise.
Landlord leases the Premises to Tenant, and Tenant leases the Premises from Landlord, subject
to the terms and conditions of this Lease.
2.2 Term.
The term ("Term") of this Lease shall commence on the Commencement Date, and shall
terminate at 11:59 P.M. on the last day of the month which is forty (40) Lease Years after the
Commencement Date.
2.3 Surrender of Premises.
Upon expiration or earlier termination of this Lease, Tenant shall surrender possession of the
Premises to Landlord in good condition, as modified by any repairs, alterations or improvements
made by Tenant in accordance with this Lease, subject to ordinary wear and tear, and subject to
the provisions of Article 10 and Article 11.
3.
RENT.
3.1 Rent.
Beginning on the Commencement Date, Tenant agrees to pay annual rent ("Rent") of One Dollar
($1.00) for each Lease Year of the Term. The annual Rent for each Lease Year of the Term shall
be payable in advance on the first day of each Lease Year.
Commons Lease (Tukwila Village) 071917 Paae 6
3.2 No Deduction or Offset.
All Rent due under this Lease shall be paid without deduction or withholding, and except as
specifically provided in this Lease, without offset.
4.
TITLE AND USE.
4.1 Title and Authority of Landlord.
Landlord represents and warrants to Tenant as follows, which representations and warranties
shall be true on the date hereof and on the Commencement Date: (a) Landlord is a limited
partnership duly organized and validly existing under the laws of the State of Washington, and is
duly authorized to conduct its business in the State of Washington; (b) Landlord has fee simple
title to the Premises and has all the requisite right, power, title and authority to enter into this
Lease and to perform its obligations hereunder; and (c) no consent or approval of any other
person is necessary for the effectiveness of Landlord's obligations under this Lease.
4.2 Hazardous Substances.
(a) Tenant's Obligation to Comply with Law. Tenant will at all times operate its
business on the Premises in compliance with all Environmental Laws. Tenant will immediately
notify Landlord if Tenant becomes aware of (i) any actual or alleged violation of any
Environmental Laws on the Premises or (ii) any actual or alleged violation of any Environmental
Laws on other properties resulting from activities on or contamination of the Premises.
(b) Tenant's Indemnity for Contamination Caused by Tenant. Tenant will hold
harmless, protect, indemnify and defend Landlord from and against any claims, demands,
penalties, fees, liens, damages, losses, expenses, or liabilities (including the cost of investigation,
clean-up and all legal fees and costs), incurred by Landlord as a result of the presence or release
of any Hazardous Substance on the Premises (i) resulting from Tenant's use of the Property or
(ii) caused by Tenant, its employees, agents or contractors. This indemnity shall survive
tennination of this Lease.
(c) Landlord's Indemnity. Landlord will hold harmless, protect, indemnify and
defend Tenant from and against any claims, demands, penalties, fees, liens, damages, losses,
expenses, or liabilities (including the cost of investigation, clean-up and all legal fees and costs),
incurred by Tenant as a result of (i) the presence or release of any Hazardous Substance on the
Premises which existed prior to the Commencement Date, or (ii) the presence or release of any
Hazardous Substance on the Premises or any adjoining property to the extent caused by
Landlord, its employees, agents or contractors. This indemnity shall survive termination of this
Lease.
4.3 Quiet Enjoyment.
Landlord warrants that Tenant shall have quiet enjoyment of the Premises and all of the rights
granted hereunder without interference by Landlord, anyone acting by, through or under
Landlord, or anyone having title or any lien or interest paramount to Landlord.
Commons Lease (Tukwila V illaee) 071917 Page 7
4.4 Use of the Premises.
The Premises shall be used for the purposes set forth in the Statements of Purpose and Design
subsequently attached as Exhibit N and Exhibit 0, respectively to the Disposition Agreement and
in accordance with Section 2.8A. of the Disposition Agreement, and for such community, civic
and recreational purposes, and ancillary uses, consistent with the foregoing. Tenant shall comply
with all governmental rules and regulations (including, without limit, all Environmental Laws)
applicable to the conduct of its business in the Premises or applicable to its use or occupancy of
the Premises.
4.5 Signs.
Tenant may at its own expense erect, illuminate, and maintain such illuminated and non -
illuminated signs on the Premises, provided that such signs are reasonable approved by Landlord
and conform with all applicable regulations and building and sign codes of the applicable public
authority. Landlord will, at no cost to Landlord, cooperate with Tenant's applications for sign
permits and will do nothing to impair or impede such applications. At the termination of this
Lease, all signs, symbols and advertising matter attached to the Premises, whether the exterior or
interior thereof, shall be promptly removed by Tenant at its own expense, and any damage or
injury to the Premises caused thereby shall be promptly repaired by Tenant.
5.
ALTERATIONS.
5.1 Trade Fixtures; Alterations.
Tenant, at its sole cost and expense, without need for Landlord's approval, may make such non-
structural repairs, alterations, and improvements to the Premises as Tenant deems desirable in its
sole discretion. Tenant may install necessary trade fixtures, equipment and furniture in the
Premises, provided that such items are installed and are removable without structural or material
damage to the Building.
5.2 Structural Alterations.
Tenant shall not construct, nor allow to be constructed, any structural alterations or additions in,
about or to the Premises or Building without obtaining the prior written consent of Landlord,
which consent may be conditioned upon Tenant's compliance with Landlord's reasonable
requirements regarding construction of improvements and alterations but such consent otherwise
shall not be unreasonably withheld, conditioned or delayed:
5.3 Standard of Work.
All work to be performed by or for Tenant pursuant hereto shall be performed in a good and
workmanlike manner, and in compliance with all applicable laws, ordinances, regulations and
rules of any public authority having jurisdiction over the Premises. Landlord shall have the
right, but not the obligation, to inspect periodically the work on the Premises.
Commons Lease (Tukwila Village) 071917 Page 8
5.4 Liens.
Tenant shall not permit any liens to be filed against the Premises for work done, materials
furnished or obligations incurred by or on behalf of Tenant. Tenant covenants and agrees that
any liens filed against the Premises for work claimed to have been done for or materials claimed
to have been furnished to, or obligations incurred by, Tenant, shall be discharged by Tenant, by
bond or otherwise, within thirty (30) days after the filing of such lien, at the sole cost and
expense of Tenant. Should Tenant fail to timely discharge any such lien, Landlord may, at
Landlord's election, pay such claim or post a bond or otherwise provide security to eliminate the
lien as a claim against title and the cost thereof shall be immediately due from Tenant.
6.
TAXES, ASSESSMENTS & UTILITIES.
6.1 Real Estate Taxes and Assessments.
Landlord shall be responsible to pay, prior to delinquency, all real estate taxes and assessments
levied upon the Building or Property, including all assessments for Common Expenses under the
Declaration of Covenants, Conditions, Restrictions and Easements for Tukwila Village.
Landlord acknowledges that Tenant is not responsible for payment of any portion of the real
estate taxes or assessments levied upon the Premises, Building or Property.
6.2 Personal Property Taxes.
Tenant shall pay prior to delinquency all personal property taxes assessed during the term of this
Lease upon Tenant's fixtures, furnishings, and equipment or upon any other personal property of
Tenant situated in or upon the Premises.
6.3 Utilities.
Landlord `shall separately meter electricity, water/sewer and gas to the Commons Premises.
Tenant agrees to pay for, when due, all water, sewer, heat, gas, electricity, garbage collection and
all other utility services consumed or used at the Commons Premises during the Term of this
Lease. Nothing contained herein shall be deemed to render Tenant liable for any charges
incurred after the termination or expiration of this Lease, all such charges being solely for the
account of Landlord. Landlord agrees to pay for, when due, all water, electricity and other utility
services for the Plaza Premises.
7.
LANDLORD'S MAINTENANCE AND REPAIR OBLIGATIONS
7.1 Maintenance of Building.
Except for Tenant's obligations under Section 8, Landlord agrees, at its own expense, to operate
and maintain all aspects of the Building and the Plaza in good order, condition and repair,
including without limitation making all necessary repairs and replacements to: (a) the interior of
the Building, including interior walls and floor coverings; (b) the exterior of the Building,
including exterior doors, exterior windows and door glass; (c) all structural portions of the
Commons Lease (Tukwila Village) 071917 Page 9
Building, including foundation and all load bearing wails; (d) the roof of the Building, including
the roof membrane, structure, parapets, flashings, copings, and roof drains; and (e) all heating,
ventilation, air conditioning, electrical, plumbing and life safety systems serving the Building.
7.2 Maintenance of Plaza.
Except for Tenant's obligations under Section 8, Landlord agrees, at its own expense, to
maintain the Plaza in good order, condition and repair, including without limitation: (a) remove
snow and ice and apply salt as necessary; (b) maintain, repair and replace grass, landscaping,
plantings, trees and shrubs within the Plaza in an attractive and healthy condition, trimmed and
weed -free; (c) maintain, repair and replace irrigation systems within the Plaza; (d) operate, keep
in repair and replace all Plaza lighting facilities, including light standards, wires, conduits, lamps,
bulbs, ballasts and lenses, time clocks and circuit breakers; and (e) operate, keep in repair and
replace all Plaza art, fountains and water features.
8.
TENANT'S MAINTENANCE OBLIGATIONS.
8.1 Maintenance of Commons Premises.
Tenant, at its sole expense, shall be responsible for keeping the Commons Premises in a neat,
clean and orderly condition, including sweeping or vacuuming the Commons Premises and the
removal of all papers, debris, filth, and refuse.
8.2 Maintenance of Plaza Premises.
In connection with any events or gatherings organized or permitted by Tenant on the Plaza
Premises, Tenant, at its sole expense, shall be responsible to clean and restore the Plaza Premises
to a neat, clean and orderly condition, including the removal of all papers, debris, filth, and
refuse.
9.
INDEMNITY AND INSURANCE.
9.1 Indemnity By Tenant.
During the Term of this Lease, Tenant agrees to hold harmless, protect, indemnify and defend
Landlord from all demands, claims, damages, causes of action or judgments, and all reasonable
expenses incurred in investigating and defending the same (including reasonable attorney fees
and costs) for injury to person or property occurring to or on or about the Premises or Property
and arising out of the negligence or willful misconduct of Tenant or its agents, employees or
contractors, except to the extent caused by the negligence or willful misconduct of Landlord or
its agents, employees or contractors.
9.2 Indemnity By Landlord.
During the Term of this Lease, Landlord agrees to hold harmless, protect, indemnify and defend
Tenant from all demands, claims, damages, causes of action or judgments, and all reasonable
Commons Lease (Tukwila Village) 071917 Page 10
expenses incurred in investigating and defending the same (including reasonable attorney fees
and costs) for injury to person or property occurring to or on or about the Premises or Property
and arising out of the negligence or willful misconduct of Landlord or its agents, employees or
contractors, except to the extent caused by the negligence or willful misconduct of Tenant or its
agents, employees or contractors.
9.3 Property Insurance.
During Term of this Lease, Landlord shall maintain in full force and effect, at its sole cost and
expense, one or more policies of "Special Form" casualty insurance, insuring the Building and
Plaza against loss or damage for the full replacement cost of the Building and Plaza.
9.4 Liability Insurance.
(a) During the Term of this Lease, Landlord shall keep in full force and effect, at its
sole cost and expense, a policy or policies of liability insurance for property damage and bodily
injury, with minimum coverage amounts of $2,000,000 per occurrence within or about the
Building or Plaza, and in an aggregate coverage amount of not less than $5,000,000 which
amount may be achieved through the use of umbrella liability insurance. Each such policy shall
name Tenant as an additional insured.
(b) During the Term of this Lease, Tenant shall keep in full force and effect, at its
sole cost and expense, a policy or policies of liability insurance for property damage and bodily
injury, with minimum coverage amounts of $1,000,000 per occurrence within or about the
Premises, and in an aggregate coverage amount of not less than $2,000,000 which amount may
be achieved through the use of umbrella liability insurance. Each such policy shall name
Landlord as an additional insured.
9.5 General.
Landlord shall provide to Tenant certificates of insurance promptly upon the request of Landlord.
All policies of insurance required under shall: (a) be written as primary policies not contributing
with and not in excess of coverage that Tenant may carry; (b) contain an endorsement providing
that such insurance may not be cancelled with respect to Tenant except after 30 days' prior
written notice from insurance company to Tenant (10 days for nonpayment of premium); and
(c) be written by insurance companies having a A.M. Best's rating of "A- VII" or better.
Commons Lease (Tukwila Villa_c) 071917 Page 11
9.6 Waiver of Subrogation.
Landlord and Tenant hereby release each other from any and all liability or responsibility (to the
other or anyone claiming through or under the other by way of subrogation or otherwise) for any
loss or damage to real or personal property on the Premises or Property caused by fire or any
other insured peril, even if such fire or other casualty shall have been caused by the fault or
negligence of the other party or anyone for whom such party may be responsible. All insurance
policies procured by Landlord or and Tenant that relate to the Premises shall include a waiver of
subrogation and a clause or endorsement to the effect that the foregoing release shall not
adversely affect or impair such policies or prejudice the right of the releaser to recover
thereunder.
9.7 Certificates of Insurance.
Certificates issued by an authorized representative of the insurance carrier for each policy of
insurance required to be maintained by Landlord hereunder shall be delivered to Tenant before
the Commencement Date, and thereafter at least ten (10) days prior to the expiration of the term
of each such policy.
10.
DAMAGE BY CASUALTY.
10.1 Repair and Restoration.
During the Tenn of this Lease, if the Building is damaged or destroyed by fire or other insured
casualty, subject to availability of sufficient insurance proceeds, Landlord shall promptly rebuild
and restore the Building to its pre-existing condition unless it is mutually agreed in writing
between Landlord and Tenant that the Building will not be rebuilt.
10.2 Rental Abatement.
In the event of damage or destruction to the Building, Tenant's obligation to pay .Rent shall
entirely abate from the date of such damage or destruction until the damage or destruction has
been repaired or restored.
11.
CONDEMNATION AND GOVERNMENTAL ACTION.
11.1 Total Taking.
In the event of a total taking of the Premises by condemnation or eminent domain or under the
threat thereof ("Total Taking"), this Lease shall automatically terminate as of the date of any
final condemnation judgment or as of the date possession is taken by the condemning authority,
whichever is earlier, and Tenant shall be released from any liability arising thereafter under this
Lease except for any payments due Landlord by Tenant arising prior to the date of termination
set forth above.
Commons Lease (Tukwila Villaec) 071917 Page 12
11.2 Partial Taking.
If any portion of the Premises is taken by condemnation or eminent domain or under the threat
thereof ("Partial Taking"), and such Partial Taking in Tenant's sole judgment, renders the
Premises unsuitable for Tenant's business operations, then Tenant may terminate this Lease by
written notice to Landlord given no more than thirty (30) days following the earlier of (i) the date
of any final condemnation judgment, or (ii) the date possession is taken by the condemning
authority (such earlier date, the "Taking Date"). In the event of such termination, Tenant shall
be released from any liability arising thereafter under this Lease except for any payments due
Landlord by Tenant arising prior to the Taking Date.
11.3 Restoration.
If this Lease is not so terminated upon condemnation or eminent domain, Landlord shall
promptly restore the Premises to a unit architecturally and functionally comparable to the unit
existing just prior to such taking or damage, and this Lease shall continue.
11.4 Proceedings.
Nothing contained herein shall prevent Landlord and Tenant from prosecuting claims in any
condemnation proceedings for the value of their respective interests. Tenant reserves all rights to
an award for a taking of the Building to the extent of the investment in the Building by Tenant
and/or Tenant's affiliates, and Landlord reserves aII rights to an award for a taking of the real
property. Tenant reserves all rights to receive compensation for the value of improvements,
trade fixtures and personal property in the Premises and any award for Tenant's interruption of
business and moving expenses shall be the property of Tenant. Neither Landlord nor Tenant
shall have the right to claim any portion of the condemnation award separately allocated to the
other party.
12.
DEFAULT.
12.1 Tenant's Default.
Any one or more of the following is an "Event of Default" by Tenant:
(a) Tenant fails to make any payment of Rent when due, and such failure is not cured
within ten (10) calendar days after Landlord's notice to Tenant. The notice shall specify the
amounts past due.
(b) Tenant fails to observe or perform any other covenant, condition or provision of
this Lease (other than the payment of Rent) to be observed or performed by Tenant, and such
failure is not cured within thirty (30) calendar days after Landlord's notice to Tenant. The notice
shall specify the covenant, condition or provision of this Lease that Tenant has failed to observe.
However, if Tenant's default is such that more than thirty (30) calendar days are reasonably
required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such
cure within said thirty (30) calendar day period and thereafter diligently prosecutes such cure to
completion.
Commnns Lease (Tukwila Village) 071917 Page 13
(c) A petition to have Tenant adjudged a bankrupt, or a petition for reorganization or
arrangement under any law relating to bankruptcy is filed against Tenant (unless, in the case of a
petition filed against Tenant, it is dismissed within sixty calendar days of filing), or a trustee or
receiver is appointed to take possession of substantially all of Tenant's assets located on the
Premises or of Tenant's interest in this Lease, and such possession is not released in thirty (30)
calendar days after appointment of said trustee or receiver, or the filing of the petition for the
appointment of the same, whichever occurs first.
12.2 Landlord's Remedies.
Upon the occurrence of an Event of Default by Tenant, Landlord may thereafter exercise any
right and obtain any remedy available to it at law or in equity including, without limit, the
following remedies:
(a) Terminate the Lease and Tenant's right to possession of the Premises by any
lawful means and upon such notice as may be required hereunder and by law, in which case this
Lease shall terminate and Tenant shall surrender possession of the Premises to Landlord.
OR
(b) Upon written notice to Tenant, continue the Lease in effect whether or not Tenant
shall have abandoned the Premises. In such event Landlord shall be entitled to enforce all
Landlord's rights and remedies under this Lease, including the right to recover Rent as it
becomes due. In such event, Landlord shall use reasonable diligence to relet the Premises. Any
rental or other amounts realized by Landlord from such reletting, after deducting all expenses
incurred by Landlord to put the Premises in tenantable condition and to obtain a new tenant shall
be applied against amounts due from Tenant hereunder.
12.3 Landlord's Defaults.
It is an "Event of Default" by Landlord if (a) there is a breach of any covenant or warranty of
Landlord, or (b) Landlord fails to perform its obligations under this Lease, and in either such
event, such breach or failure is not cured within thirty (30) calendar days after Tenant's notice to
Landlord and, if Tenant has agreed in writing to attom to a first lienholder on the Premises,
Tenant's notice to such first lienholder. The notice shall specify Landlord's breach or failure to
perform such obligation. If the nature of Landlord's breach or obligation is such that more than
thirty (30) calendar days are required for cure or performance, then Landlord shall not be in
default if it commences performance to cure within said thirty (30) calendar day period and
thereafter diligently prosecutes the same to completion. Any Mortgagee or any Master Lessee
whose contact information has been provided to Tenant in writing shall be afforded the same
opportunity to cure Landlord's defaults as is given Landlord hereunder. For so long as the
Landlord is Tukwila Village Associates (1) Limited Partnership, the following entity shall be
entitled to notice of default and shall have the same cure rights as provided to Landlord:
U.S. Bancorp Community Development Corporation, its successors and assigns
c/o U.S Bank Community Development Corporation
ATTENTION: Director of LIHTC Asset Management
Commons Lease (Tukwila Village) 071917 Page 14
1307 Washington Avenue, Suite 300
St. Louis. MO 63103
12.4 Tenant's Remedies.
Upon the occurrence of an Event of Default by Landlord, then at the option of Tenant and
without limiting any other available legal or equitable remedy, Tenant may terminate this Lease.
Upon any Event of Default by Landlord, Tenant shall have the right, but not the obligation, to
incur any cost or make any expenditure reasonably necessary to remedy Landlord's default, in
which case Landlord shall reimburse Tenant for any expenditure made or cost incurred and
Tenant shall have the right to withhold Rent. if, as the result of Landlord's default or failure to
perform, immediate action is necessary to avoid potential injury to Tenant's customers or
employees or actual injury to Tenant's business or property, Tenant may, but shall not be
required, to take such action immediately and withhold Rent or seek recovery from Landlord.
12.5 Other Remedies.
Except as provided herein, Landlord and Tenant shall have all other remedies provided by law or
statute to the same extent as if fully set forth herein. No remedy herein conferred upon or
reserved to Landlord or Tenant shall exclude any other remedy herein or by law provided,
including termination of this Lease, but each shall be cumulative.
13.
GENERAL PROVISIONS.
13.1 Attorney Fees.
If legal action is necessary to enforce or interpret this Lease, the prevailing party in such
litigation shall be entitled to be reimbursed by the other party for reasonable attorney fees,
litigation expenses, and statutory costs as awarded by the court. Such fees, costs and expenses
shall include those incurred in the enforcement and collection of any judgment, the litigation of
any right under bankruptcy law, and any appeal from any proceeding.
13.2 Assignment and Subletting.
Tenant may assign this Lease or sublease the entirety of the Premises to a Community
Organization. If Tenant assigns this Lease to a Community Organization, Tenant shall be
released from all duties, obligations and liabilities hereunder upon the effective date of such
assignment. Landlord may, in connection with Landlord's conveyance of' its fee simple title to
the Property, assign this Lease to the successor owner of the Property.
13.3 Subordination; Recognition.
If Landlord desires to place a mortgage or deed of trust on the Property ("Mortgage"), or to place
a master lease on the Property ("Master Lease"), and the holder of such Mortgage
("Mortgagee") or the lessor under such Master Lease ("Master Lessor") requires that this Lease
be subordinate thereto, Tenant, upon the written request of Landlord, agrees to execute a
commercially reasonable subordination, non -disturbance and attomment agreement ("SNDA")
Commons Lease (Tukwila Villaec) 071917 Paee 15
with such Mortgagee or Master Lessor, provided that the Mortgagee or Master Lessor, as
applicable, executes an agreement with Tenant, as follows: (a) that in the event of foreclosure of
such Mortgage, the Mortgagee shall not join Tenant in any foreclosure action and Tenant's
possession of the Premises shall remain undisturbed and Tenant's rights under this Lease shall be
recognized and shall not be adversely affected so long as there is no Event of Default by Tenant
hereunder; and (b) that in the event of the termination of any such Master Lease, this Lease shall
not be terminated, but shall continue as a direct Lease between the Master Lessor and Tenant,
and that Tenant's possession of the Premises shall remain undisturbed and Tenant's rights under
this Lease shall be recognized and shall not be adversely affected so long as there is no Event of
Default by Tenant hereunder; (c) that Tenant may remove Tenant's fixtures from the Premises in
accordance with the provisions of this Lease; and (d) the form is otherwise reasonably acceptable
to Tenant. In the event that, as of the date this Lease is executed, the Premises is then subject to
any Mortgage or any Master Lease, Landlord agrees to use commercially reasonable efforts to
obtain and deliver to Tenant SNDAs with such Mortgagee and/or Master Lessor, which are in
commercially reasonable form and comply with the provisions of this Section 13.3. Landlord
acknowledges that the Commencement Date will not be deemed to have occurred unless or until
such SNDAs are provided or this condition is waived by Tenant.
13.4 Estoppel Certificate.
Whenever requested in writing by Landlord, Tenant shall execute and deliver within twenty (20)
days an estoppel certificate stating: (a) the Commencement Date and the expiration date of the
Lease; (b) the amount of Rent and the date to which such Rent has been paid; (c) that this Lease
is in full force and effect and has not been assigned, modified, supplemented or amended in any
way (or specifying the date and terms of agreement so affecting this Lease); (d) that this Lease
represents the entire agreement between the parties as to this leasing; (e) that there are no
existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease
by the Landlord (or specifying any existing claims, defenses or offsets); (0 that no Rent has been
paid more than one month in advance; and (g) the amount of any security which has been
deposited with Landlord.
13.5 Sale by Landlord.
If Landlord sells or otherwise transfers or assigns all or part of its interest in the Premises in a
bona fide transaction where the proposed purchaser or transferee of such interest is an unrelated
third party who shall assume Landlord's obligations under this Lease and agree that so Fong as
such purchaser or transferee retains any interest in the Premises such purchaser or transferee will
be bound by the provisions of the Lease, then Landlord shall be relieved of any obligation
hereunder arising after the effective date of such transfer, to the extent assumed by such
purchaser or transferee, other than any continuing Event of Default by Landlord. However the
foregoing requirements of Landlord shall not apply to any transfer of only a part of the Premises
to any municipality or other governmental or similar authority or utility supplier, including,
without limitation, for road widenings, utility easements, easements for access, grade, pipes,
poles, transformers, wires, or other like purposes. Nothing herein shall prevent the partners or
members of Landlord from selling or otherwise transferring or assigning their ownership
interests in the Landlord entity.
Commons Lease (Tukwila Village) 071917 Page 16
13.6 Trade Fixtures and Personal Property.
Any trade fixtures, equipment and other property installed in or attached to the Premises by and
at the expense of Tenant shall remain the property of Tenant, except in any case where Tenant is
the lessee of any trade fixtures, equipment or other property,in which case the lessor of such
property shall retain title. Notlater than the last day of the Term Tenant shall remove any and all
of its trade fixtures, equipment and other property which it may have stored, attached to, or
installed in the Premises; provided, however, that Tenant will repair all damage to the Premises
occasioned by such removal.
13.7 Memorandum of Lease.
On the Commencement Date, or as soon thereafter as practical, Landlord and Tenant shall each
sign a Memorandum of Lease substantially in the form attached as Exhibit C which may be
recorded by either Landlord or Tenant.
13.8 Notices.
Any notice provided for herein shall be delivered personally, by a reputable overnight courier
service or by certified United States mail, postage prepaid, addressed as set out in the opening
paragraph of this Lease. The person and the place to which notices are to be mailed may be
changed by either party by written notice to the other. For so long as the Landlord is Tukwila
Village Associates (1) Limited Partnership, a copy of any notices to Landlord shall be sent to:
U.S. Bancorp Community Development Corporation, its successors and assigns
c/o U.S Bank Community Development Corporation
ATTENTION: Director of LIHTC Asset Management
1307 Washington Avenue, Suite 300
St. Louis, MO 63103
13.9 Rights of Successors.
All rights and obligations under this Lease shall bind. and inure to the benefit of, the parties
hereto and their successors and assigns.
13.10 Holdover.
If Tenant shall hold over following the expiration of the Term of this Lease, such holding over
shall be deemed to be a month-to-month tenancy under the terms of this Lease and any non -
conflicting terms of this Lease shall apply to the holdover tenancy.
13.11 Interest.
Except as otherwise provided herein, any sum which remains due and owing from either
Landlord or Tenant to the other after the date on which it should have been paid in accordance
with the provisions of this Lease shall bear Interest.
Commons Lease (Tukwila Village) 071917 Page 17
13.12 Severability.
If any term or provision of this Lease or the application thereof to any person or circumstances
shall to any extent be invalid and unenforceable, the remainder of this Lease or the application of
such term or provision to persons or circumstances other than those as to which it is invalid or
unenforceable shall not be affected thereby, and each remaining term and provision of this Lease
shall be valid and be enforced to the extent permitted by law.
13.13 Time of Essence.
Time is of the essence. The failure of a party to insist upon a strict performance of any of the
terms, conditions and covenants herein shall not be deemed a waiver of any rights or remedies
that said party may have and shall not be deemed a waiver of any subsequent breach or default in
the terms, conditions and covenants herein contained.
13.14 Commercial Reasonableness.
Every consent or approval of either Landlord or Tenant required or contemplated under this
Lease (except those that, by their express terms, may be made in the "sole discretion" of the
party giving such consent or approval) implies a covenant of commercial reasonableness and
shall not be unreasonably withheld or delayed.
13.15 Amendments.
No provision of this Lease may be amended, waived, terminated or supplemented except by a
non -electronic writing or a facsimile document transmission, in either case bearing the hand
signature for the party against whom enforcement of the amendment, waiver, termination or.
supplement is sought.
13.16 Entire Agreement.
There is no verbal or other agreement (unless attached hereto or specifically referred to herein)
which modifies or affects this Lease. This Lease supersedes any and all prior agreements
executed by or on behalf of the parties hereto regarding the Premises.
13.17 Force Majeure.
Notwithstanding anything in this Lease to the contrary, Landlord and Tenant shall not be deemed
to be in default in respect of the performance of any term, covenant or condition of this Lease if
any failure or delay in such performance is due to any strike, lockout, civil commotion, warlike
operation, invasion, rebellion, hostilities, terrorism, military or usurped power, sabotage,
governmental regulations or controls, act of God, or other cause beyond the reasonable control of
Landlord or Tenant; provided, however, that this provision shall not excuse any obligation of
Landlord or Tenant to make any payment due to the other, including, but not limited to, Rent.
Commons lease (Tukwila Village) 071917 Paee 18
13.18 Relationship of Parties.
Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third
party, as creating the relationship of principal and agent or of partnership or of joint venture
between the parties hereto and nothing in this Lease is intended or shall be construed to benefit
anyone not a party to this Lease.
13.19 No Brokerage Commission.
Landlord and Tenant each represent and warrant to the other that, to its knowledge, no broker,
agent or finder (a) negotiated or was instrumental in negotiating or consummating this Lease on
its behalf, or (b) is or might be entitled to a commission or compensation in connection with this
Lease. Landlord shall promptly indemnify, protect, defend and hold Tenant harmless from and
against any and all claims, damages, judgments, suits, causes of action, losses, liabilities,
penalties, fines, expenses and costs (including attorneys' fees and court costs) that may be
asserted or brought by any broker, agent or finder alleging representation of or agreement with
Landlord in connection with this Lease. Tenant shall promptly indemnify, protect, defend and
hold Landlord harmless from and against any and all claims, damages, judgments, suits, causes
of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and
court costs) that may be asserted or brought by any broker, agent or finder alleging
representation of or agreement with Tenant in connection with this Lease. The foregoing
indemnities shall survive the expiration or earlier termination of this Lease.
13.20 Prevailing Law.
This Lease shall be governed exclusively by the provisions hereof and by the laws of the State of
Washington as they exist from time to time.
Commons Lease (Tukx%ila Village) 071917 Pace 19
IN WITNESS WHEREOF, Landlord and Tenant have signed this Lease as of the date first above
written.
"Landlord"
TUKWILA VILLAGE ASSOCIATES (I)
LIMITED PARTNERSHIP, a Washington limited
partnership
By: Tukwila Village Development Associates,
LLC, its Sole General Partner
By:
Name: Bryan M. Park
Title: Manager
Date:
"Tenant"
CITY OF TUKWILA, a municipal corporation
By:
Name: Allan Ekberg
Title: Mayor
Date:
Attest:
By:
, City Clerk
Approved as to form:
By:
City Attorney
Commons Lease (Tukwila village) 071917 Page 20
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I HEREBY CERTIFY that on this day of , 201 , before me, the
undersigned, a notary public in and for the State of Washington, duly commissioned and sworn,
personally appeared Bryan M. Park, to me known to be the Manager of Tukwila Village
Development Associates, LLC, a Washington limited liability company, the Sole General Partner
of TUKWILA VILLAGE ASSOCIATES (1) LIMITED PARTNERSHIP, a Washington limited
partnership, the company that executed the within and foregoing instrument, and acknowledged
the said instrument to be the free and voluntary act and deed of said company for the uses and
purposes therein mentioned, and on oath stated that he or she was authorized to execute said
instrument on behalf of said company.
WITNESS my hand and official seal the day and year certificate first above written.
(Print Name)
Residing at
My appointment expires
Commons Lease (Tukwila Villaac) 071917 Pagc 21
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
1 HEREBY CERTIFY that on this day of July, 2017, before me, the undersigned, a
notary public in and for the State of Washington, duly commissioned and sworn, personally
appeared Allan Ekberg, to me known to be the Mayor of the CITY OF TUKWILA, a
Washington non -charter optional municipal code city, the municipal code city that executed the
within and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said municipal code city for the uses and purposes therein mentioned,
and on oath stated that he or she was authorized to execute said instrument on behalf of said
municipal code city.
WITNESS my hand and official seal the day and year certificate first above written.
(Print Name)
Residing at
My appointment expires
Commons Lease (Tukwila Village) 071917 Paec 22
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Parcel C, City of Tukwila Lot Consolidation No. L13-021, recorded under King County
Recording No. 20150428900001.
Commons Lease (Tukwila Village) 071917 Page 23
EXHIBIT B
VISUAL DEPICTION OF PREMISES
Commons Lease (Tukwila Vi Haile) 071917 Pace 24
EXHIBIT C
MEMORANDUM OF LEASE
After Recording Mail To:
City of Tukwila
Attn: City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
MEMORANDUM OF LEASE
GRANTOR: TUKWILA VILLAGE ASSOCIATES (1) LIMITED
PARTNERSHIP
GRANTEE: CITY OF TUKWILA
LEGAL Parcel C of City of Tukwila Lot Consolidation No.
DESCRIPTION L13-021, King County Rec. No. 20150428900001
The complete legal description is on Exhibit A.
ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBERS:
1523049096
Reference is made to the lease ("Lease") dated , 201_, between TUKWILA
VILLAGE ASSOCIATES (l) LIMITED PARTNERSHIP, a Washington limited partnership
("Landlord") and the CITY OF TUKWILA, a municipal corporation operating under the laws of
the State of Washington as a non -charter code city ("Tenant"), whereby Landlord leased to
Tenant and Tenant leased from Landlord the certain premises ("Premises") on land legally
described on the attached Exhibit A.
Tenant and Landlord hereby agree as follows:
(I) The Commencement Date is , 201_.
(2) The Term of the Lease is forty (40) years from the Commencement Date.
Commons Lease (Tukwila Vrllace) 071917 Pave 25
IN WITNESS WHEREOF, this Memorandum of Lease is executed this _ day of
20
"Landlord"
TUKWILA VILLAGE ASSOCIATES (I)
LIMITED PARTNERSHIP, a Washington limited
partnership
By: Tukwila Village Development Associates,
LLC, its Sole General Partner
By:
Name: Bryan M. Park
Title: Manager
Date:
"Tenant"
CITY OF TUKWILA, a municipal corporation
By:
Name: Allan Ekberg
Title: Mayor
Date:
Attest:
By:
Approved as to form:
, City Clerk
By:
City Attorney
Commons Lease (Tukwila Villasc) 071917 Page 26
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I HEREBY CERTIFY that on this day of , 201 , before me, the
undersigned, a notary public in and for the State of Washington, duly commissioned and sworn,
personally appeared Bryan M. Park, to me known to be the Manager of Tukwila Village
Development Associates, LLC, a Washington limited liability company, the Sole General Partner
of TUKWILA VILLAGE ASSOCIATES (1) LIMITED PARTNERSHIP, a Washington limited
partnership, the company that executed the within and foregoing instrument, and acknowledged
the said instrument to be the free and voluntary act and deed of said company for the uses and
purposes therein mentioned, and on oath stated that he or she was authorized to execute said
instrument on behalf of said company.
WITNESS my hand and official seal the day and year certificate first above written.
(Print Name)
Residing at
My appointment expires
Commons Leusc (Tukwila Villaee) 071917 Page 27
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
I HEREBY CERTIFY that on this day of , 201 , before me, the
undersigned, a notary public in and for the State of Washington, duly commissioned and sworn,
personally appeared Allan Ekberg, to me known to be the Mayor of the CITY OF TUKWILA, a
Washington non -charter optional municipal code city, the municipal code city that executed the
within and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said municipal code city for the uses and purposes therein mentioned,
and on oath stated that he or she was authorized to execute said instrument on behalf of said
municipal code city.
WITNESS my hand and official seal the day and year certificate first above written.
(Print Name)
Residing at
My appointment expires
Commons Leasc (Tukwila Villuee) 071917 Pace 28