HomeMy WebLinkAbout18-202 - Deja Vu - Commercial Lease AgreementCOMMERCIAL LEASE
CITY OF TUKWILA, LANDLORD
DEJA VU TUKWILA, INC., TENANT
November 1, 2018
18-202
Council Approval 4/2/18
5 0 0A_S
COMMERCIAL LEASE
CITY OF TUKWILA TO DEJA VU TUKWILA INC.
TABLE OF CONTENTS
Page
1. GRANT 1
2. PERMITTED USE 1
3. TERM.
4. RENT. 2
5. ALTERATIONS AND IMPROVEMENTS 2
6. REPAIRS AND MAINTENANCE. 2
7. [DELETED] 3
8. UTILITIES AND SERVICES. 3
9. COMPLIANCE WITH LAWS 3
10. LEASEHOLD EXCISE TAX; PERSONAL PROPERTY TAXES 3
11. INDEMNIFICATION/HAZARDOUS MATERIALS. 3
12. INSURANCE 4
13. ACCESS. 4
14. WAIVER OF SUBROGATION. 5
15. NONWAIVER OF BREACH 5
16. SUCCESSORS. 5
17. GOVERNMENTAL FEES. 5
18. LIENS. 5
19. ASSIGNMENT, SUBLETTING OR SUBSTITUTION OF LESSEES. 6
20. DAMAGE OR DESTRUCTION OF PREMISES. 6
21. DEFAULTS; REMEDIES. 6
22. ESTOPPEL CERTIFICATES. 7
23. BROKER. 7
24. SUBORDINATION 7
25. SURRENDER. 8
26. GENERAL PROVISIONS. 8
EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 13
ii
COMMERCIAL LEASE
CITY OF TUKWILA TO DEJA VU TUKWILA INC.
This Lease is made this 1st day of November, 2018, by and between the City of Tukwila,
a municipal corporation operating under the laws of the State of Washington as a non -charter code
city ("Landlord"), and Deja vu Tukwila Inc. ("Tenant").
Recitals
A. Landlord is in the process of acquiring King County Tax parcel no. 004100-0516,
located in Tukwila, Washington (the "Property") through its powers of eminent domain, from
property owners Hee-Yeol Kang and See Jee Kang (the "Kangs"). The Property is legally
described as set forth on Exhibit A attached hereto.
B. Tenant have leased from the Kangs a commercial building having the address of
15011 Tukwila International Boulevard, and Units 6 and 7 in an adjoining building having the
address of 15013 Pacific Highway South, both located on the Property (together, the "Premises").
The Property also contains a building with the address of 15015 Tukwila International Boulevard,
leased by the Kangs to YSJ, Inc., d/b/a Riverton Heights Grocery (YSJ"). Tenant's and YSJ's
leases with the Kangs also included non-exclusive rights to use portions of the Property in common
for parking.
C. Landlord's acquisition of title to the Property through eminent domain will cause
the termination of Tenant's leases with the Kangs. Landlord and Tenant desire to provide for the
continued occupancy and use of the Premises by Tenant from Landlord's acquisition of title until
not later than March 31, 2019. After that date, Landlord intends to demolish the improvements on
the Property to make way for its Justice Center project.
Landlord and Tenant accordingly agree as follows:
1. GRANT.
Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises
described above, for the Lease Term set forth below.
2. PERMITTED USE.
Tenant shall use the Premises only as an adult entertainment establishment and related
office and storage purposes, and for no other use or purpose without the prior written consent of
Landlord. Tenant is already in possession of the Premises through its leases with the Kangs, is
familiar with the Premises and acknowledges that the Premises are suitable for Tenant's use.
Tenant and its customers shall have the right to nonexclusive use of the mutual use parking area
on the Property with other tenants of the Landlord.
3. TERM.
The term of this Lease ("Lease Term") shall commence on the Commencement Date, and
shall terminate on March 31, 2019, unless terminated sooner pursuant to this Lease.
"Commencement Date" means the later of: (a) the date that this Lease has been executed,
acknowledged and delivered by each of Landlord and Tenant; and (b) the date that Landlord has
acquired title to the Property. Tenant may terminate the lease by providing the Landlord at least
fifteen (15) days' prior written notice, which notice shall designate the termination date.
4. RENT.
Tenant shall be entitled to free rent throughout the Lease Term.
5. ALTERATIONS AND IMPROVEMENTS.
5.01 Remodeling Improvements and Other Alterations. Tenant shall make no
remodeling improvements, alterations or additions in or to the Premises without Landlord's prior
written consent, which shall not be unreasonably withheld or delayed. The Landlord's prior
consent shall not be required if the total cost of the remodeling improvement, alteration or addition
is less than One Thousand Dollars ($1,000.00). All costs of such work shall be Tenant's sole
responsibility and will not be reimbursed for any reason. Tenant shall perform all remodeling,
improvements, alterations, and additions in compliance with all applicable governmental laws,
ordinances, codes, and regulations. Upon the termination of this Lease, fee title to all
improvements then located upon the Premises shall pass to and vest in Landlord.
5.02 Removal of Fixtures/Personal Property. At any time prior to the termination or
expiration of this Lease, Tenant may remove its personal property and trade fixtures and may
remove any other equipment, fixtures and improvements from the Premises so long as the removal
of such items does not compromise the structural integrity or security of the building. Any Tenant
personal property or fixtures left behind at the Premises after the termination of this Lease will be
removed and disposed of by the Landlord, at Landlord's expense.
6. REPAIRS AND MAINTENANCE.
Tenant leases the Premises in "as -is" and "where is" condition. During the Lease Term,
Tenant will not take any action that compromises the structural integrity or security of the building,
and will promptly make any repairs necessary to protect the life and safety of its customers and
the public. Any maintenance to the Premises deemed necessary or desirable by Tenant during the
Lease Term will be performed by Tenant at its expense. Tenant shall maintain and repair the
Premises, and Tenant agrees to keep the parking lots and areas and sidewalks adjacent to the front
and rear of the Premises clean and free of debris and obstructions. Tenant acknowledges that
Landlord shall have no responsibility to maintain, repair, restore or replace any portion of the
Premises or any buildings or structures located thereon during the Lease Term.
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7. [DELETED].
8. UTILITIES AND SERVICES.
Tenant agrees to pay for, when due, all water, storm, sewer, heat, gas, electricity, garbage
collection and all other utility services consumed or used at the Premises during the Lease Term.
Tenant shall be responsible for contracting directly for all utilities, and for the collection of its
garbage from the Premises. Tenant agrees to pay, when due, all interest, penalties, late -payment,
cancellation or other changes arising out of or relating to Tenant's use of, and termination of, all
such services.
9. COMPLIANCE WITH LAWS.
The Premises shall at all times be kept and used in accordance with the laws of the State
of Washington and the rules, regulations, orders, and directive of the State of Washington, King
County, and the City of Tukwila having jurisdiction over said Premises and in accordance with all
directives, rules and regulations of the health officer, fire marshal, building inspector or other
proper official of the State of Washington, King County, and the City of Tukwila, at the expense
of Tenant. Notwithstanding the foregoing, Landlord will not contend that Tenant's use of the
Premises as an adult entertainment establishment constitutes a violation of City of Tukwila zoning
requirements or land use restrictions. Tenant will permit no waste, damage, or injury to the
Premises.
10. LEASEHOLD EXCISE TAX; PERSONAL PROPERTY TAXES.
10.01 Leasehold Excise Tax. Tenant shall be responsible for the payment of any
leasehold excise tax due on the Property with respect to the Lease Term.
10.02 Personal Property Taxes. All taxes levied or assessed directly against Tenant or
its business or property, including income, business and occupation taxes, and use taxes on
Tenant's personal property, shall be paid by Tenant.
11. INDEMNIFICATION/HAZARDOUS MATERIALS.
11.01 Limitation of Liability. Neither Landlord nor any agent or employee of Landlord
shall be liable for damage to property or injury to persons sustained by Tenant or others resulting
from any act or omission other than the gross negligence or willful misconduct of Landlord or its
agents or employees.
Landlord and Tenant each agree to indemnify and hold the other harmless from all claims,
actions, causes of action, judgments, liabilities, damages, expenses, costs and reasonable attorneys'
fees arising out of any act, omission, or neglect on the part of the indemnifying party (including
its employees, agents and officers) during the Lease Term in connection with use or occupancy of
the Premises or default under or breach of this Lease. This indemnity shall survive the termination
of this Lease as to any act alleged to have occurred during the Lease Term, and shall survive until
the expiration of the applicable statute of limitations.
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11.02 Hazardous Materials. Tenant shall not dispose of or otherwise allow the release
of any hazardous waste or materials in, on or under the Premises, or any adjacent property, or in
any improvements placed on the Premises. Tenant represents and warrants to Landlord that
Tenant's use of the Premises does not involve the use, production, disposal or bringing on to the
Premises of any hazardous waste or materials. As used herein, the term "hazardous waste or
materials" includes any substance, waste or material defined or designated as hazardous, toxic or
dangerous (or any similar term) by any federal, state or local statute, regulation, rule or ordinance
now or hereafter in effect, and shall include all forms of waste/debris generated by Tenant's use
of the Premises. Tenant shall comply at all times with all statutes, regulations and ordinances, and
with all orders, decrees or judgments of governmental authorities or courts having jurisdiction,
relating to the use, collection, treatment, disposal, storage, control, removal or cleanup of
hazardous waste or materials in, on or under the Premises or any adjacent property, or
incorporation in any improvements, at Tenant's sole expense.
Tenant shall indemnify and hold Landlord harmless against any and all losses, liabilities,
suits, obligations, fines, damages, judgments, penalties, claims, charges, cleanup costs, remedial
actions, costs and expenses (including, without limitation, attorneys' fees and disbursements)
which may be imposed on, incurred or paid by, or asserted against Landlord or the Premises by
reason of the acts or omissions of Tenant, or any subtenant or other person for whom Tenant would
otherwise be liable, resulting in the release of any hazardous waste or materials or the violation of
any law, rule, regulation or order pertaining to hazardous waste or materials.
Landlord shall indemnify and hold Tenant harmless against any and all losses, liabilities,
suits, obligations, fines, damages, judgments, penalties, claims, charges, cleanup costs, remedial
actions, costs and expenses (including, without limitation, attorneys' fees and disbursements)
which may be imposed on, incurred or paid by, or asserted against Tenant in connection with the
release of any hazardous waste or materials or the violation of any law, rule, regulation or order
pertaining to hazardous waste or materials related to actions outside of Tenant's control.
12. INSURANCE.
During the Lease Term, 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
$2,000,000 general aggregate. Each such policy shall: (a) name Landlord as an additional insured;
(b) be written as primary policies, not contributing with and not in excess of coverage that
Landlord may carry; (c) contain an endorsement providing that such insurance may not be
cancelled with respect to Landlord except after 30 days' prior written notice from insurance
company to Landlord (10 days for nonpayment of premium); and (d) be written by insurance
companies having a A.M. Best's rating of "A- VII" or better. Notwithstanding the foregoing,
Tenant may terminate such liability insurance without notice to or the consent of Landlord,
provided that the termination date of coverage is on or after the termination of the Lease Term.
13. ACCESS.
Upon two days' advance notice to Tenant's representative Eric Forbes, Landlord and its
agents have the right to enter the Premises and adjoining parking areas at reasonable times for the
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purpose of conducting surveys, building assessments and other inspections, so long as they do not
materially interfere with the normal operation of Tenant's business.
14. 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 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 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.
15. NONWAIVER OF BREACH.
Neither the acceptance of rent nor any other act or omission of Landlord at any time or
times after the happening of any event authorizing cancellation or forfeiture of this Lease shall
operate as a waiver of any past or future violation, breach, or failure to keep or perform any
covenant, agreement, term or condition hereof, or to deprive Landlord of its right to cancel or
forfeit this Lease, upon the notice required by law, at any time that cause for cancellation or
forfeiture may exist, or be construed so as to at any future time estop Landlord from promptly
exercising any other option, right, or remedy that it may have under any term or provision of this
Lease.
16. SUCCESSORS.
Subject to the provisions of this Lease restricting assignment or subletting, all covenants,
agreements, terms and conditions contained in this Lease shall apply to and be binding upon
Landlord and Tenant and their respective successors and/or assigns.
17. GOVERNMENTAL FEES.
Any fee due any governmental entity arising out of or as a result of Tenant's business
conducted on the Premises shall be paid by Tenant.
18. 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, such failure shall constitute a default
herein. 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.
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19. ASSIGNMENT, SUBLETTING OR SUBSTITUTION OF LESSEES.
19.01 No Assignments By Tenant. Tenant shall not voluntarily or by operation of law
assign, mortgage, sublet, or otherwise transfer or encumber this Lease or the Premises or all or any
part of Tenant's interest in this Lease or in the Premises.
19.02 No Release of Tenant. No subletting or assignment releases Tenant of its
obligations or alters the primary liability of Tenant to pay the rent and to perform all Tenant's other
obligations under this Lease, except as specifically provided herein. Acceptance of rent by
Landlord from any other person is not a waiver of any Lease provision.
19.03 Landlord's Interest. Landlord may assign, encumber or dispose of all or any part
of its interest in the Premises or this Lease without affecting this Lease or Tenant's obligations.
Tenant agrees to accept and attorn to such transferee, provided that such transferee has accepted,
by written agreement, all of Landlord's responsibilities and obligations under this Lease.
20. DAMAGE OR DESTRUCTION OF PREMISES.
If the Premises are damaged or destroyed in whole or part, Tenant acknowledges that
Landlord has no responsibility to rebuild or restore any damage or destruction of the Premises, and
Tenant's sole remedy shall be the exercise of its right to terminate the Lease.
21. DEFAULTS; REMEDIES.
21.01 Defaults. Each of the following is a material default and breach of this Lease by
Tenant:
(a) Abandoning the Premises, provided that cessation of Tenant's business
operations and the process of removing Tenant's personal property and fixtures shall not constitute
"abandonment" as long as such activities continue;
(b) Failure to make any required payment within ten (10) days of when due.
(c) Failure to comply with any of the covenants or provisions of this Lease,
other than those described in subparagraph (b), if the failure continues for a period of thirty (30)
days after written notice from Landlord.
(d) Tenant's making any general assignment or arrangement for the benefit of
creditors; the filing by or against Tenant of a petition to have it adjudged a bankrupt or a petition
for reorganization or arrangement under any bankruptcy law (unless any petition filed against
Tenant is dismissed within sixty (60) days); the appointment of a trustee or receiver to take
possession of substantially all of Tenant's assets at the Premises or its interest in this Lease, if
possession is not restored to Tenant within thirty (30) days; or the attachment, execution or other
judicial seizure of substantially all of Tenant's assets at the Premises or its interest in this Lease,
if that seizure is not discharged within thirty (30) days.
21.02 Remedies. Upon the occurrence of any material default or breach by Tenant,
Landlord may terminate the Lease and Tenant's right to possession by written notice to Tenant.
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In addition, Landlord may collect from Tenant any amounts due and owing by Tenant to Landlord
under the terms of this Lease.
21.03 Default by Landlord. Landlord is not in default unless Landlord fails to perform
obligations required of it herein, and such failure continues for more than thirty (30) days after
delivery of written notice by Tenant to Landlord and to the holder of any first mortgage or deed of
trust covering the Premises whose name and address has been furnished to Tenant in writing,
specifying Landlord's failures to perform its obligations, provided that if Landlord's obligation
reasonably requires more than thirty (30) days for performance or cure, Landlord is not in default
if it commences performance or cure within the 30 -day period and thereafter diligently pursues its
completion. In the event of default by Landlord, Tenant may pursue all remedies available to it at
law or in equity.
22. ESTOPPEL CERTIFICATES.
Tenant shall at any time upon ten (10) business days prior written notice from Landlord
execute, acknowledge and deliver to Landlord a statement in writing (i) stating the commencement
date and certifying that this Lease is unmodified and in full force (or, stating the nature of any
modification and certifying that this Lease, as modified, is in full force), and (ii) acknowledging
that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord (or
specifying any defaults claimed). This statement may be conclusively relied upon by any
prospective purchaser or encumbrancer of the Premises. Tenant's failure to deliver this statement
within ten (10) business days may be considered by Landlord as a material default by Tenant under
this Lease.
23. BROKER.
Tenant represents and warrants to Landlord that Tenant has had no dealings with any real
estate broker or agents in connection with the negotiation of this Lease and it knows of no real
estate broker or agent entitled to a commission in connection with this Lease. Tenant agrees to
indemnify and hold harmless Landlord for any payment, loss or liability resulting from Tenant's
breach of the foregoing representation and warranty.
24. SUBORDINATION.
This Lease, at Landlord's option, shall be subordinate to any ground lease, mortgage, deed
of trust, any other hypothecation for security or encumbrance upon the real property of which the
Premises are a part and to any and all advances made on that security and to all renewals,
modifications, consolidations, replacements and extensions thereof, provided, however, that the
holder of any such security shall agree to recognize the Lease in the event of foreclosure so long
as Tenant is not in default. If any mortgagee, trustee, or ground lessor prefers to have this Lease
prior to the lien of its mortgage, deed of trust or ground lease, and gives written notice to Tenant,
this Lease shall be prior to that mortgage, deed of trust, or ground lease, whether this Lease is
dated prior or subsequent to the date of the mortgage, deed of trust or ground lease or its recording
date. Tenant will execute any documents required to effectuate subordination or to make this
Lease prior to any mortgage, deed of trust or ground lease, as provided in the preceding paragraph,
within ten (10) business days after Landlord's written request.
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25. SURRENDER.
Tenant agrees that at the expiration of this Lease it will quit and surrender said Premises
without notice, and will deliver up all keys belonging to said Premises to Landlord.
26. GENERAL PROVISIONS.
26.01 Severability. The invalidity of any provision of this Lease as determined by a court
of competent jurisdiction will not affect the validity of any other provision.
26.02 Time of Essence. Time is of the essence of this Lease.
26.03 Notices. Any notice given under this Lease shall be in writing and may be given
by personal delivery, by overnight courier, or by certified mail, return receipt requested, postage
prepaid, addressed to Tenant or to Landlord at their addresses set forth above their signatures
below, and shall be effective when received. Notices personally delivered or delivered by
overnight courier are considered received upon delivery. Mailed notices are considered received
five (5) days after deposit in the mail or such other courier. Either party may by notice under this
section change its address for notice purposes. A copy of all notices given to Landlord shall be
concurrently transmitted to any person designated in writing by Landlord.
26.04 Waiver. Waiver by Landlord of the breach of any provision of this Lease is not a
waiver of any subsequent breach by Tenant of the same or any other provision. Landlord's consent
to or approval of any act does not make Landlord's consent to or approval of any subsequent act
unnecessary. Acceptance of rent by Landlord is not a waiver of any preceding breach of any
provision of this Lease, other than Tenant's failure to pay the rent so accepted.
26.05 Holding Over By Tenant.
(a) This Lease shall terminate without further notice at the expiration of the
Lease Term, as the same may be extended under Section 3.02. Any holding over by Tenant without
the express written consent of Landlord shall not constitute the renewal or extension of this Lease
or give Tenant any rights in or to the Premises. In the event of such a holding over by Tenant
without the express written consent of Landlord and pursuant to the terms of the settlement
agreement between the parties dated September 12, 2018, Tenant shall not receive the remaining
$50,000 due under such agreement and the City, in its sole discretion, may seek repayment of the
$300,000 previously paid to Tenant. In the event Landlord shall give its express written consent
to Tenant occupying the Premises beyond the expiration of the Lease Term, such occupancy shall
be construed to be a tenancy for month-to-month on all the same terms and conditions as set forth
herein unless modified by Landlord in such written consent, insofar as they are applicable to a
month-to-month tenancy.
(b) If Tenant fails to vacate the premises by March 31, 2019 and Landlord has
to take enforcement or other legal action to evict Tenant from the property, Tenant shall pay
reasonable attorneys' fees and expenses incurred by the City in such action.
26.06 Covenants and Conditions. Each provision of this Lease which is performable by
Landlord or Tenant is both a covenant and a condition.
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26.07 Authority. If Tenant is a corporation, limited liability company, or other business
entity, Tenant represents and warrants to Landlord as follows: (a) Tenant is 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) no consent or approval of any other person is necessary
for the effectiveness of Tenant's obligations under this Lease, and (c) Tenant has all the requisite
right, power, and authority to enter into this Lease and to perform all of its obligations hereunder.
26.08 Attorneys Fees. Except as expressly provided herein and pursuant to the terms of
the settlement agreement between the parties dated September 12, 2018, 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.
26.09 Signs. Tenant may not place any new signs upon the Premises without Landlord's
prior written consent, which may be granted or withheld in Landlord's sole discretion. Landlord
shall not object to existing signs.
26.10 Quiet Possession. Upon observing and performing all of its covenants and
conditions, Tenant shall have quiet possession of the Premises for the entire Lease Term subject
to all of the provisions of this Lease.
26.11 [Deleted].
26.12 Relationship of Parties/Liability. For the purposes of this Lease, the relationship
of the parties hereto is strictly that of landlord and tenant. Nothing herein shall be construed so as
to create a partnership, joint venture, or agency. Neither party hereto shall be liable for the debts
and obligations of the other.
26.13 Personal Property. Except as set forth in this Lease, Landlord has no interest in
any personal property, equipment, furniture, or fixtures installed by Tenant upon the Premises.
Landlord will furnish Tenant, upon request, any landlord's waiver or similar document reasonably
required by an institutional lender or equipment lessor in connection with Tenant's acquisition or
financing of its personal property.
26.14 Landlord's Liability. Notwithstanding anything in this Lease to the contrary,
covenants, undertakings and agreements herein made on the part of Landlord in this Lease are
made and intended not as personal covenants, undertakings and agreements for the purpose of
binding Landlord personally or the assets of Landlord (except Landlord's interest in the Premises),
but are made and intended for the purpose of binding only the Landlord's interest in the Premises,
as the same may from time to time be encumbered. No personal liability or personal responsibility
is assumed by Landlord, nor shall at any time be asserted or enforceable against Landlord or its
heirs, legal representatives, successors or assigns on account of the Lease or on account of any
covenant, undertaking or agreement of Landlord in this Lease.
26.15 Exhibits. Any exhibits referenced herein or attached hereto are incorporated as a
part of this Lease.
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26.16 Governing Law. The validity of this Lease, the interpretation of the rights and
duties of the parties hereunder and the construction of the terms hereof shall be governed in
accordance with the internal laws of the State of Washington. Venue in the event of any dispute
shall be King County, Washington.
26.17 Police Powers. Nothing in this Lease shall affect Landlord's police power authority
or the authority of the City to adopt and enforce ordinances necessary to the health, safety, and
welfare of the public.
In witness whereof, the parties have executed this Lease the date set forth above.
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"Landlord"
CITY OF TUKWILA, a municipal corporation Notice Address:
City of Tukwila
By: Attn: City Clerk
Name: A.l.lacleteeg 6200 Southcenter Blvd.
Title: Mayer Cc rMultf tc4i Tukwila, WA 98188
Attest:
By:
C
Approved as to fo
+, City Attorney
City — erk
STATE OF WASHINGTON )
ss.
COUNTY OF KING
I HEREBY CERTIFY that on this (per day of O1iel►1 bf / , 2018, before me, the
undersigned, a notary public in and for the State of Washington, duly commissioned and sworn,
personally appeared A.l.1a�g, to me known to be the Mayui of the CITY OF TUKWILA, a
1�w1A . c/: C. ,�alm� r
Washington non -charter optional municipal code city, the min{. nicipal'�co e 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.
l�CO.1A-A\
Van 0- A (nnbe-r,e1 (Print Name)
Residing at 'T' a -c,: rv-
My appointment expires la -1. 5 -11
11
"Tenant"
Deja Vu - Tukwila, Inc.
a Washington corporation,
by Eric F6rbes,its President
[Tenant's Acknowledge — Entity]
STATE OF WASHINGTON
COUNTY OF KING
) ss.
Notice Address:
1 certify that I know or have satisfactory evidence that Eric Forbes is the person who appeared
before me, and said person acknowledged that s/he signed this instrument, on oath stated that s/he
was authorized to execute the instrument and acknowledged it as the President of Deja Vu - Tukwila,
Inc., to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated this '5 ay of ! (}, ! yr. `: 2018.
Notary Public
State of Washington
ROMAN BELOUSOV
MY COMMISSION EXPIRES
February 17, 2022
Notary blic for as4ingion
KoAtati. JtlS9./
(Printed or Stam of Nccg�ary)
Residing at tn/ 1y
My appointment expires: 'at 1 7Jt_
12
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
THAT PORTION OF LOTS 1 AND 4 IN BLOCK 4 OF ADAMS HOME TRACTS FIRST
ADDITION, ACCORDING TO PLAT IN VOLUME 12 OF PLATS AT PAGE 50, IN KING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1:
THENCE NORTH 04°36' WEST, ALONG THE WESTERLY LINE THEREOF, 116.36
FEET;
THENCE SOUTH 88°01'58" EAST 190.92 FEET;
THENCE NORTH 01°05'55" EAST 36.00 FEET;
THENCE SOUTH 88°01'58" EAST 89.30 FEET;
THENCE SOUTH 69°52'10" EAST 95.09 FEET TO THE WESTERLY MARGIN OF
PACIFIC HIGHWAY SOUTH; THENCE SOUTH 20°07'50" WEST, ALONG SAID HIGHWAY
MARGIN, 167.80 FEET TO THE SOUTHEASTERLY PROJECTION OF THE SOUTHERLY
LINE OF THE CLINIC BUILDING;
THENCE NORTH 69°54'05" WEST, ALONG SAID BUILDING LINE AND THE
SAME PRODUCED TO ITS INTERSECTION WITH THE WEST LINE OF SAID LOT 4, A
DISTANCE OF 69.83 FEET;
THENCE NORTH 01°05'55" EAST, ALONG SAID WEST LINE, 15.96 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 1;
THENCE NORTH 88°04'55" WEST, ALONG THE SOUTH LINE OF SAID LOT 1, A
DISTANCE OF 238.36 FEET TO THE POINT OF BEGINNING;
EXCEPT THE SOUTH 90 FEET OF THE WEST 150 FEET THEREOF.
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