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Home My WebLink About09-100 Amd H - Segale Properties (La Pianta LLC) - Tukwila South Development AgreementInstrument Number: 20250606000614 Document:AMND Rec: 5310.50 Page -1 of 8 Record Date:6/6/2025 2:26 PM Electronically Recorded King County, WA When Recorded Return to: Nancy Bainbridge Rogers Cairncross & Hempelmann, P.S. 524 Second Avenue, Suite 500 Seattle, WA 98104-2323 FIFTH AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE TUKWILA SOUTH DEVELOPMENT Reference Number(s) of Documents assigned or released: 20100726001100; 20100726001101; 20130228000691; 20130228000692; 20140624000980; and 20250109000508 Grantor: SEGALE PROPERTIES LLC, a Washington limited liability company MAS TUKWILA LLC, a Washington limited liability company LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership H&H ANDOVER PARK, LLC, a Washington limited liability company CONTINENTAL MILLS, INC., a Washington for profit corporation Grantee: CITY OF TUKWILA, a non -charter, optional code Washington municipal corporation Abbreviated Legal: N/A Tax Parcel Nos.: 870021-0050; 870021-0040; 870021-0030; 870021-0020; 870021-0010; 870021-0100; 870021-0090; 870021-0080; 870021-0110; 870021-0120; 870021-0130; 032204-9062; 870040-0200; 870040-0210; 870040-0220; 870040-0230; 870040-0240; 870040-0250; 870040-0260; 870040-0270; 870040-0180; 870040-0190; 870040-0040; 870040-0050; 870040-0060; 870040-0070; 870040-0082; 870040-0090; 870040-0100; 870040-0110; 870040-0120; 870040-0130; 870040-0140; 870040-0150; 870040-0160; 870040-0170; 870040-0010; 870040-0020; 870040-0030; 352304-9109 Instrument Number: 20250606000614 Document:AMND Rec: $310.50 Page -2 of 8 Record Date:6/6/2025 2:26 PM King County, WA 09-100(h) Council Approval 6/2/25 Ordinance No. 2761 FIFTH AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE TUKWILA SOUTH DEVELOPMENT THIS FIFTH AMENDMENT TO TIIE DEVELOPMENT AGREEMENT (the "Fifth Amendment") is made and entered into this —3rd day of June, 2025, by and between the CITY OF TUKWILA, a non -charter, optional code Washington municipal corporation ("City"), SEGALE PROPERTIES LLC, a Washington limited liability company ("Segale"), MAS TUKWILA LLC, a Washington limited liability company ("Mas Tukwila"), LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership ("LIT Industrial"), H&H ANDOVER PARK, LLC, a Washington limited liability company ("H&H Andover Park") and CONTINENTAL MILLS, INC., a Washington for profit corporation ("Continental Mills") (together, the "Parties"). L RECITALS WHEREAS, on June 10, 2009, the City and Segale (formerly known as La Pianta LLC) entered a Development Agreement (the "Original Agreement") regarding the Tukwila South project, then comprising approximately 512 acres of real property, and recorded the Original Agreement at King County recording no. 20100726001100, and the Original Agreement was revised six times, with the First, Third, and Fourth Amendments recorded at King County recording nos. 20100726001101, 20140624000980, and 20250109000508 and two Addenda recorded at King County recording nos. 20130228000691 and 20130228000692, and the Second Amendment, dated November 20, 2012, which remains unrecorded. WHEREAS, Mas Tukwila, LIT Industrial, H&H Andover Park, and Continental Mills have each acquired certain parcels subject to the Original Agreement. WHEREAS, the Original Agreement, as revised, is set to expire on June 23, 2025, and all Parties wish to enter a further extension. NOW, THEREFORE, in consideration of the mutual promises set forth herein and the long-term benefit to the Parties, the Parties hereby agree as follows: IL AGREEMENT 1. The first sentence of Section 9.13 of the Original Agreement is hereby amended to read: "The Term of this Agreement is extended to December 1, 2025." The Parties agree the December 1, 2025 expiration date also applies to Section 5.2.3, Scope of Vesting. [signature pages to follow] 2 Instrument Number: 20250606000614 Document:AMND Rec: $310.50 Page -3 of 8 Record Date:6/6/2025 2:26 PM Mug County, WA CITY OF TUKWILA, a Washington municipal corporation B Thomas McLeod Its: -Agotn'�"' Its: Mayor Date: 0 /3 ATTEST: Sign.d 41jrA11411— Clt—y 2 Me APPROVED AS TO FORM: Signed by, C Clty 0 C72 - STATE OF WASHINGTON ss. COUNTY OF KING On this day personally appeared before me/1( , to me known to be the mayor of CITY OF TUKWILA, a Washington municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Washington municipal corporation for the uses and purposes therein mentioned, and on oath stated that NAQ, is authorized to execute said instrument. 13M GIVEN under my hand and official seal this - 3L QO� day of ��A.Q (Print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at WN My commission expires Iq Instrument Number: 20250606000614 Document:AMND Rec: $310.50 Page -4 of 8 Record Date:6/6/2025 2:26 I'M Mug County, WA SEGALE PROPERTIES LLC, a Washington limited liability company By: Metro Land Its: Manager By: _JZ_ " ?' Name: Mark `A.' Its: President Date: CE, STATE OF WASHINGTON ss. COUNTY OF KING On this day personally appeared before me Mark A. Segale, to me known to be the person who signed as President of Metro Land Development, Inc., the manager of SEGALE PROPERTIES LLC, a Washington limited liability company, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that said individual is authorized to execute said instrument. GIVEN under my hand and official seal this 5�day of 2025. R ot --------- . .......... �0 4� (Print name of notary) NOTARY PUBLIC in and for Lte State of 2 NOTARY Washington, residing at My commission expires PUBLI S Instrument Number: 20250606000614 Document:AMND Rec: $310.50 Page -5 of 8 Record Date:6/6/2025 2:26 I'M King County, WA MAS TUKWILA LLC, a Was1flngton tin)"te liability company By: � Brett Jaco Manager STATE OF WASHINGTON ss. COUNTY OF KING On this day personally appeared before me BRETT jACOBSEN, to me known to be a manager of the MAS TUKWILA Limited Liability Company, the limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that said individual is authorized to execute said instrument. GIVEN under my hand and official seat this ti day of �A!Z( 2025. �Angela Te—an—o vi-rf,-6M0- Notary Public (Print nAmc of notary) State of Washington NOTARY PUBLIC in and fi the State of State Appointment Expires 812112027 Washington, residing at I , r 3 Irfli, i b r 3 6426 My commission expires • Z%. 2.011-1 5 Instrument Number: 20250606000614 Document:AMND Rec: $310.50 Page -6 of 8 Record Date:6/6/2025 2:26 I'M Mug County, WA LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership By: LIT Holdings GP, LLC, a Delaware limited liability company Its: General Partner By: Name: DConWklin nV Its: _M29agLina Director Date: 5/8/2025 STATE OF Tty-wb ss. COUNTY OF _D On this day personally appeared before me - o me known to be a of LIT I loldings GP, LLC, a Dila �rc limited liability company, the general pa INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited partnership, for the uses and purposes therein mentioned, and on oath stated that said individual is authorized to execute said instrument. GIVEN under my hand and official seal this _May of 2025. BRITTANY MCCARTHY Notary Public, State of Texas (Print name of nota) Comm. Expires 10-07-2028 NOTARY PUBLIC in and for the State of D 135120198 "OF" Notary I Tey-oS -%sh4%4e* residing at My commission expires 0 Instrument Number: 20250606000614 Document:AMND Rec: $310.50 Page -7 of 8 Record Date:6/6/2025 2:26 I'M Mug County, WA H&H ANDOVER PARK, LLC, a Washington limited liability company By: Peter HaIloinon Director Date: lvav STATE OF WASHINGTON COUNTY OF KING On this day personally appeared before me PETER HOLLOMON, to n -le known to be a member of the H&H ANDOVER PARK Limited Liability Company, the limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and or, oath stated that said individual is authorized to execute said instrument. GIVEN under and official seat this Y day of 140Y' 2025. T A 00 0 oelillOO (Print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at My commission expires Instrument Number: 20250606000614 Document:AMND Rec: $310.50 Page -8 of 8 Record Date:6/6/2025 2:26 I'M Mug County, WA CONTINENTAL MILLS, INC., a Washington for profit corporation By: Robert Dilworth CFO Date: May 8th, 2025 STATE OF WASHINGTON ss. COUNTY OF KING On this day personally appeared before me ROBERT DILWORTH, to me known to be CFO of CONTINENTAL MILLS, INC., the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that is authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN Under my hand and official seal this �"' day of NO 2025. ASHLEY ASHLEY SUSANNA NYAL HENDERSON Notary Public State of Washington Commission # 20103646 My Comm. Expires Feb 75, 2028 U (Print name 6f notary) NOTARY PUBLIC in and for the State of Washington, residing at i AU My commission expires