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20030040.pdfDATE RECEIVED J CITY OF EDMONDS CONSTRUCTION PERMIT APPLICATION OWNER NAMEtNAME OF BUSINESS Oqp� F-,-md� I - MAILING ADDRESS IL7 I � 1) 1 �- --- It t" 0 CITY TELEPHONE ITP 4j NAME MF-t#Ajli- L,IJ DRESS CITY ZIP TELEPHONE PERMIT EXPIRES USE PERMIT ZONE NUMBER JOB SUITE/APT# ADDRESS 140- 0-) ses PLAT NAME/SUBDIVISION NO. LOT NO. LID NO. LID FEE S PUBLIC RIGHT OF WAY PER OFFICIAL STREET MAP TESCP APPIZV RW Pat. , ", Street Use Peffnit R*q'd EXISTING — PROPOSED Inspection Required Sidewalk Required REQUIRED DEDICATION— FT UndwWound whine required 0 METER SIZE LINE SIZE 0. OF FIXTURES PRV �EQUIRED #3 1 YES;( NO 13 25 ._)_3 15 REMARKS I OWNER/CONTRACTOR RESPONSIBLE FOR EROSION CONTROL/DRAINAGE NAMISA (;BL )" ' KWD IT I Ma 11G, h '-Fr(- I r-) /4 0 - ,d 11 0 ENGINEERING REVIEWED BY Aeo i DATf. muUnt'00 L/ R r;b W, 13 0 III ; - FIRE REVIEWED BY DATE Lu z CITY. LEPHONE ZIP TE '7/w2 M 0 STATE LICENSE NUMBER LATION DATE VARIANCE OR CU INSPEcTibN BOND RSQ'D.,,e POSTED M AJ 13YES KNO $ $EPA REVIEW SIGN AREA HEIGHT =Pq :g PROPERTY TAX ACCOUNT. PARCEL NO. COMPLETE EXEMPT ALLOWED PROPOSED PROPOSE ALLOWED D -2-7 o Igoc> /'J EXP , Ale, M 43 NEW RESIDENTIAL PLUMBING I MECH LOT COVERAGE REQUIRED SETBACKS (Fr.) PROPOSED SETBACKS (W) ALLOWED P OPOSED FRONT SIDE REAR FRONT L/R SIDE REAR M E3 ADDITION 'Q/COMMERCtAL COMPLIANCE OR /Va Ive C_AA--T� 0 C CHANGE OF USE PARKING (Z LOT AREA P REMODEL MULTIFAMILY SIGN I 14 PROM 11 M M GRADING REPAIR 13 CYDS FENCE X_' =KS DEMOLISH 1:1 TANK OTHER 13 oGARAGE -1 RETAINING WALL CARPORT 11 ROCKERY FIRE SPRINKLER FIREALARM las-WIS mSe 4t4f T-e4r, 0 In (TYPE OF USE. BUSINESS OR ACTIVITY) EXPLAIN: Ras GNU 4 CHECKED BY ITYPE=CTION OCCUPAN(/ i! GROUk3 1171 a NUMBER OF NUMBE I R OF DWELL NG STORIES UNITS RZIC AL CAREAS NUMBER SPECIAL INSPECTION [AREA REQUIRED OCCUFAN I LOAD 0 [] YES 0 DESCRIBE WORK TO BE DONE REMARKS C co) PROGRESS INSPECTIONS PER UBC 108/FINAL INSPECTION REG'D C CO) M C) 1115-na, AiwJ I<, Tz-A up Z r- f"A' Of �� @�41L r%~_ Ine, I M& At -I pt /M D ro VC-_ Rar,&rp, C— VALUATION CJ, ri v% 9 t z 'i A III n FEE Description FEE C4 z 0 PM t A -/I rry'y ��F_'Tlu Plan Check I I — I lip I State Surcharge #&V -4 Z5 HEAT SOURCE GLAZING % LOT SLOPE % BuildingPermit City Surcharge — �s 14pod — ITI PLAN CHECK!R og VESTED DATE Plumbing I Mechanical sgttAM THIS PERMIT AUTHORIZES ONLY THE WORK NOTED. THIS PERMIT COVERS WORK TO I= BE DONE ON PRIVATE PROPERTY ONLY. ANY CONSTRUCTION ON THE PUBILIC Grading z DOMAIN (CURBS, SIDEWALKS, DRIVEWAYS, MARQUEES, ETC.) WILL REQUIRE 3 t: SEPARATE PERMISSION. Engr. Review PERMIT APPLICATION: 180 DAYS PERMIT LIMIT I YEAR - PROVIDED WORK IS STARTED WITHIN 180 DAYS Engr. Inspection SEE BACK OF PINK PERMIT FOR MORE INFORMATION 'APPLICANT, ON BEHALF OF HIS OR HER SPOUSE. HEIRS, ASSIGNS AND SUCCESORS Fire Review Plan Chk. Deposit IN INTEREST. AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY OF 2 EDMONDS, WASHINGTON, ITS OFFICIALS. EMPLOYEES, AND AGENTS FROM ANY AND Fire Inspection Receipt # ALL CLAIMS FOR DAMAGES OF WHATEVER NATURE. ARISING DIRECTLY OR INDIRECTLY FROM THE ISSUANCE OF THIS PERMIT. ISSUANCE OF THIS PERMIT SHALL NOT BE DEEMED TO MODIFX WAIVE OR REDUCE ANY REQUIREMENT OF ANY CITY ORDINANCE Landscapelnsp. TotalAmt.Due 0 NOR LIMIT IN ANY WAY THE CITYS ABILITY TO ENFORCE ANY ORDINANCE PROVISION.' z I Recording Fee Receipt # - I HERE13Y ACKNOWLEDGE THAT I HAVE READ THIS APPLICATION: THAT THE INFORMATION APPLICATION APPROVAL GIVEN IS CORRECT; AND THAT I AM THE OWNER, OR THE DULY AUTHORIZED AGENT OF THE OWNER. I AGREE TO COMPLY WITH CITY AND STATE LAWS REGULATING CONSTRUC- CALL This application Is not a permit until signed by the TION; AND IN DOING THE WORK AUTHORIZED THEREBY, NO PERSON WILL BE EMPLOYED Building Official or his/her Deputy: and Fees are paid, and J"IOLATION OF TIJE LABOR CODE OF THE STATE OF WASHINGTON RELATING TO FOR INSPECTION receipt Is acknowledged in space provided. /WOPKMENIS� CSPPEfSATION INSURANCE AND RCW 10.27. OFF�ICIALNAT DATE sl UR( NE "A DATE SIGNED (4 2 5 %, 3__ cc 771-0220 ASED BY /bATE AiTE—NTION Off 1333 all "1 j 5 IT IS UNLAWFUL TO USE OR OCCUPY A BUILDING OR STRUCTURE UNTIL A FINAL INSPECTION HAS BEEN MADE AND APPROVAL OR A CERTIFI- ORIGINAL -FILE - YELLOW: INSPE4OR CATE OF OCCUPANCY HAS BEEN GRANTED. UBC SECTION 109 PINK -OWNER - GOLD -ASSESSOR nA102 A 0 RAAVlklt'-% C f%n0I9: GREEN - ACCOUNTING 1_nr_QQ rim T%J%i A 4 City of Edmonds PERMff NO: 9 SIDE SEWER PERMIT PERMT EXPUMSAIV-49-5- 1 s9ej .14 C. I Address of construction: .2-3 OZ 5 LIOD # Pro perty Tax Account Parcel No._1'70 33 6 001 "3700 Attach copies of all access and utility easements -- Verified and ApproV . ed Ovnier and/or Contractor. 2i 114 .1 t Gets Contractor License 1: L L- S P 6, 010 T K1.--adL-_-,Building Permit 0 Single Family 0 Multi.Family (No. of Units. commercial (No. of Units Public Invasion into City *Right -of Way: 11 Yei No *RW Construction Permit Cross other "Private Pro*erty: Yes No P "Attach legal description and copy of recorded easement, wner or contractor signature and acknowledgement statement: By signing for this permit I certify that I have read the City's public handout entitled Side Sewer Specifications, and shall comply with all City requirements outlined therein. 9 CALL DIAL -A -DIG (1-800-421.f-5555) BEFORE ANYP - - - ---- . . - S� Date VATION 2 � SIX-fim .911"A - - - - - . - - 24 IROUR NOTICE REQUIRED FOR ALL INSPECTION REOUES" j,i.V-,bldV,fbrmK"Pemhjl.94ffi0 U� FtK1V11 I IVIUO I L)F- r-wQ I &` 'Ia "' "" - — - While CoW. File Green Copy: I 13P I d 11 Od Copf. Appliwd Z, -n M m 0 lc� M > In M In. M� js 11 CITY -OF EDMONDS Grease Interceptor Sizing Worksheet Zt)07Z'-- Business: Date: — Side Sewer Permit# Address: NUTYIBER OF MEALS SERVED AT PEAK HOUR A Calculation: # seau WASTE FLOW RATE (ADD ALL THAT • With Dishwashing Machine ....... 6 gallon flow • Without Dishwashing Machine ...... 5 gallon now • Single Service Kitchen* ......... 2 gallon now • Food Waste Disposer .......... I gallon now TOTAL B X RETENTION TIMES (Choose one) • Commercial Kitchen Dishwasher ...... 2.5 hours • Single Service Kitchen* ............ 1.5 hours C TOTAL STORAGE FACTORS (Choose one) • Full Service Kitchen 8 hour operation: ... I • Fall Service Kitchen 16 hour operation: ... 2 • Fall Service Kitchen 24 hour operation: ... 3 • Single Service IGtchen*: ........... 1.5 5 TOTAL D A x B x C x D Y **Interceptor Size (liquid capacity) Checked by A single service kitchen refers to a fast food type of restaurant where all plates, cups, knives, forks, and spoons, etc. used for serving and consuming food products are used only one time and then discarded **Per City Ordinance 3401 the minimum size interceptor is 500 gallons. A separate Grease Interceptor permit is required, fee $155.00. IT PL R% tz�� I ft D 1) P, �' I., LMM 0 Legal Description: (A) 1/4 OF THE NE 1/4 OF SECTION PORT 4 OF THE NW /4 OF THE SW 1/ ION OF NW H Co., WA AST, SNOHOMIS RANGE 3 E 36, TOWNSHIP 27 NORTH 2 of document 20 Additional legal description is on page(s) -001-135-00 270336 Parcel Account Number(s): Is Property Tax Assessor Legal Description: (13) NW 1/4 OF THE NE 1/* OF SECTION OF THE SW 1/4 OF THE PORTION OF NW 1/4 1. ST, SNOHOMISH Co., WA WNSHip 27 NORTH, RANGE 3 EA 36, TO escription is on page(s) 3 of document 2. Additional legal d -137-00 . . . . . . . . . . . . 270336-001 el Account Number(s) r's Pr perty Tax Parc Assesso 0 Legal Description: (C) OF THE WEST 40 FEET OF PARCEL A G THE SOUTH 20 FEET LICENSE AFFECTIN ABOVE description is on page(s) 3 of document 2. Additional legal s): 270336-001-135-00 ty Tax Parcel Account Number( Assessor's Proper Page - I f LICENSE AGREEMENI THIS LICENSE AGREEMENT is made and entered into as of this day -757(401 U I of UeGeBmer, 200;, by and between RONALD R. ANDERSON and LYNNE M. 'S ANDERSON, husband and wife, Grantors, and WOO FAMILY INVESTMENT, L.L.C.j Grantee. RECITALS GRANTORS RONALD R. ANDERSON and LYNNE M. ANDERSON are the owners of that certain parcel of real property legally described as follows, and hereinafter referred to as PARCEL "A": N OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER THAT PORTIO OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36 ANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, TOWNSHIP 27 NORTH, R WASHINGTON, DESCRIBED AS FOLLOWS: E SUBDIVISION; COMMENCING AT THE NORTHWEST CORNER OF THE ABOV THENCE SOUTH, A DISTANCE OF 30.00 FEET; THENCE SOUTH 89050'44" EAST, A DISTANCE OF 180.00 FEET TO THE TRUE POINT OF BEGINNING. OF THE SCRIBED; THENCE CONTINUING SOUTH 89050'44" TRACT OF LAND HEREIN DE EAST, A DISTANCE OF 150.71 FEET, TO THE EAST LINE OF THE ABOVE SAID SUBDIVISION; THENCE SOUTH 0030124" EAST, ALONG SAID EAST LINE, A DISTANCE OF 170.00 FEET; THENCE NORTH 89050,44" WEST, A DISTANCE '44" WEST, A DISTANCE OF 170.00 OF 151.24 FEET; THENCE NORTH 0`19 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF -EDMONDS CONVEYED TO THE STATE OF WASHINGTON FOR HIGHWAY (SR1 04 WAY) By DEED RECORDED UNDER RECORDING No. 2267197. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. 2. GRANTEE WOO'S FAMILY INVESTMENT, L.L.C. is the owner of that certain parcel of real property legally described as follows, and hereinafter referred to as PARCEL "B": Page - 2 THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER ER OF SECTION 36f OF THE NORTHWEST QUARTER OF THE NORTHEAST QUART ISH COUNTY, TOWNSHIP 27 NORTH, RANGE 3 EAST, W-M-, IN SNOHOM WASHINGTON, DESCRIBED AS FOLLOWS: R OF THE SAID NORTHWEST QUARTER BEGINNING AT THE NORTHWEST CORNE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE ARTER; THENCE EAST 30 FEET TO THE EAST LINE OF 100TH NORTHEAST OU T LINE OF 1 OOTH AVENUE 6 THE EAS AVENUE WEST; THENCE SOUTH ALON F BEGINNING; THENCE EAST PARALLEL WEST 180 FEET TO THE TRUE POINT 0 1-W (EDMONDS WITH THE SOUTH LINE OF SECONDARY STATE HIGHWAY NO THENCE SOUTH 0 0 19'44" EAST 100.00 FEET TO A POINT WAY) 150 FEET ID SUBDIVISION; THENCE WEST OF SA 49.86 FEET FROM THE SOUTH LINE HIGHWAY 150 FEET TO THE EAST LINE PARALLEL TO THE SOUTH LINE OF SAID RTH ALONG THE EAST LINE OF 1 OOTH OF 100TH AVENUE WEST; THENCE NO F BEGINNING; EXCEPT THE WEST 10 AVENUE WEST TO THE TRUE POINT 0 0 THE CITY OF EDMONDS FOR PUBLIC ONVEYED T FEET OF SAID PROPERTY C ENO. 1880714. ROAD BY QUIT CLAIM DEED RECORDED UNDER AUDITOR'S FIL SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. -exclusive License for ingress and 3. GRANTORS desire to grant a non he benefit of the owners of er a portion of PARCEL "A" in favor and for t egress ov STAURANT, its business customers, agents and PARCEL "B", d/b/a CHOPSTICKS RE conditions and restrictions hereinafter set employees on all of the terms, covenants which is the subject of this License is as forth. The legal description of the area ICENSE PARCEL"). follows (hereinafter referred to as the "L THE SOUTH 20 FEET OF THE WEST 40 FEET OF THE DESCRIBED PARCEL "A". ants and agreements NOW, THEREFORE, in consideration of all of the coven hereinafter contained, the parties hereto agree as follows: GRANTORS do hereby grant to GRANTEE, d/b/a GgA IT OF LICEN-SE. Page - 3 10 z UV M.- its business customers, ESTAURANT, owners of PARCEL "B", CHOPSTICKS R -exclusive License to pass over and across that portion employees and agents, a non of PARCEL "A" lying within the LICENSE PARCEL, for ingress and egress. 2. &.UT. Rent for this License shall be payable from GRANTEE to Hundred Twenty -Five ($125.00) Dollars per month GRANTORS in the sum of One p ayable on the first (ist) day of each month during the term of this License commencing January Neither GRANTORS nor GRANTEE shall construct or 3. NQ 14TERFEREMU nent in nature, which limits the obstruction, whether temporary or perma erect any he LICENSE PARCEL, nor shall GRANTORS or GRANTEE free and unimpeded use of t other's use of the t or interfere with the or its customers in any manner block, obstruc f this License. LICENSE PARCEL described above during the term o greement shall be one (1) year f this License A DUBAILQhl. The term o 4. 2003, inclusive, subject to mencing January 1, 2003 and ending December,31, com the same terms and being extended for five (5) additional one (1) year terms on conditions at the option of the GRANTEE for the consideration as agreed between the ANTEE shall exercise these options in writing prior to sixty (60) parties in writing. GR of each successive one year term. Failure to exercise this option days before the end it is agreed that in the to renew shall terminate this License at the end of the term event GRANTEE's Parking Lot Lease with Jerry Eilert (J.E. Sign Design) is terminated this License Agreement shall terminate concurrently. pAFtKING CONFLI In order to avoid the parking of vehicles by 5. Page -4 t Z customers of GRANTEE on the property of GRANTORS, GRANTEE shall Post a warning sign, at a location to be mutually agreed between the parties, warning GRANTEE's customers they are not authorized to. park in GRANTORS' (Ivar's) parking lot. GRANTORS or representatives of Ivar's may give such customers a written warning, and upon a second violation a fine of Twenty -Five ($25.00) Dollars per violation. In the event more than five (5) such parking violations occur in any f this License Agreement, this Agreement shall be calendar year during the term o TORS, by written notice to GRANTEE. subject to termination by GRAN . 6. The License granted hereby and the rights of the parties hereto shall be subject to all encumbrances and other matters of record including, without limitation, conditions, easements, covenants and restrictions of record. 7. i1m. Nothing contained in this Agreement shall be deemed to be a gift or dedication of all or any portion of the LICENSE PARCEL granted hereunder for or to the general public or for any public purpose whatsoever, Agreement be strictly limited to it being the intention of the p I arties hereto that this the purposes expressed herein. 8. MgpjE1Q6J1M. This Agreement may be terminated, extended, modified or amended with the consent of GRANTORS and GRA I NTEE, and any such termination, extensions, modification or amendment shall be effective only upon the execution by both parties or their successors or assigns in writing. 9. Aah eement shall be governed by and interpreted 9LEIL6NEM. This Agr under the laws of the State of Washington. Titles and headings of paragraphs contained herein are for reference purposes only and shall not affect the construction Page - 5 6 or Interpretation of any provision of this Agreement. Whenever possible, each provision of this Agreement shall be Interpreted In such manner so as to be valid under applicable law, but If any shall be ineffective to the extent of such invalidity without affecting the validity or enforceability of the remainder of this Agreement. GRANTORS Date: Z,01.4 RnNAM R. ANDERSON Date: 14.:3 4N I- MLt LAJNZID�CFISO GRANTEE WOWS-1FAA IN E$T:M _�NT, L.L.C. r....... By: M -K H. G WbO, Mornbor By: SI XIANG YAT�,ernber By: #O,--YVLIN-G WOO, Member 13y: A) #U-0'o' Mo dmber Page - 6 Date: Date; Date.. . / 16 --C) -3 Date: i - 16 - Ef�5 T 0 N M � �J. j' A MM (Print Name) NOTARYPU di tor the State of Washington, residing at my appointment expires: Page - 7 M� g'.. WE STATE OF WASHINGTON) )ss. County of —<A/0*jVMLS1+ On this day personally appeared before me CHUCK HONG WOO, to me known ted the within and foregoing to be the individual described in and who execu A instrument, and acknowledged to me that he signed the same as "Is voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this — Z /a day of Z4eember, 2001. SH 0 XAOTA R y .0 X PMUC dk 9 9 STATE OF WASHINGTON) )ss. County of (Print Name) NOTARY PUBLIC in and for the State of Washington, residing at E—D'-V� -S My appointment expires: On this day personally appeared before me S1 . XIANG YAUN, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged to me that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. 6 GIVEN under my hand and official seal this day of Deeemb&—, 200%. 1-3 y N 0, 1� r OW - ?11A dA CF1A1,J 40, 0 .5; (Print Name) nd for the State of Washington, NOTARY PUBLIC in ai -0-29-0 4'�' residing at OP WN50 My appoint m-ent expires: Page - 8 ; r low 0 10 9 I STATE OF WASHINGTON) )ss. County of On this day personally appeared before me BOYD LING WOO, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged to me that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. 6 day of GIVEN under my hand and official seal this 2002. y 1AA1A A/ ZOAI� 01A, Ile Ott OW (Print Name) 40 NOTARY PUBLIC in and for the State of Washington, M6 residing at SecdYig_ 4 - 2-9 04 S* My appointment expires: STATE OF WASHINGTON) )ss. County oi On this day personally appeared before me PUI PING WO, to me known to be the individual described In and who executed the within and foregoing instrument, and acknowledged to me that,.Ihe signed the same as h= free and voluntary act and deed for the uses and purposes therein mentioned. 'Tel —day of Dbeembur GIVEN under my hand and official seal this 2001. L% fit (Print Name) NOTARY PUBLIC inland for le State of Washington, 00 residing at 11,;V4 My appointment expires: OP WA Page - 9 WE STATE OF WASHINGTON) )ss- County of On this day personally appeared before me ZHUO HONG HU, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged to me that he signed the same a's his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 200% It \3 Yo -4V 11, X A-� Q AAIA -1.29 b (Print Name) NOTARY PUBLIC in and for th State of Washington, OPW residing at My appointment expires: STATE OF WASHINGTON) )ss. County of On this day personally appeared before me BAO LAN HU, to me known to be the individual described in and who executed the within and foregoing Instrument, and acknowledged to me that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. 16� day of Dibember, GIVEN under my hand and official seal this 20OZ .0 (Print Name) V do OWO NOTARY PUBLIC in and for the St e of Washington, $5 I residing at 4. fit d My appointment expires: 1, 41 ap V1 Page - 10 M CONSENT eal this day of GIVEN under my hand and official s 2002m (Print Name) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: r Page - 11 F ... ... .. ... if GARBAGE ENCLOSURE IVAF;VS AGJ� .,4M=NT HXIZL) SIGN (T i! *AnVW 1111 Ilk A,! go= MOM-.. F %D OWE= Ell < 0 a. z J.E. SIGN DESIGN INC in�N 13920 EDMONDS WAY Lemm El Ark 'Pow. cl co .. . . . . . . . . . . . . . t.;c-r TOM. --rFWlts F77 I da AFTER RECORDING RETURN TO: COPY CONFORMED DEAN P. SHEPHERD, ATTORNEY 200301211475 )homish Sn, -47 pM P.O. BOX 416 County 01/21/2003 02. EDMONDS, WA 98020-0416 p.00js RECORDED RECEIVED JAN 2 3 2003 PERMIT COUNTER (LEASE) Reference numbers of related documents: N/A Grantor(s): EILERT, Jerri, a single woman Grantee(s): 1. WOO'S FAMILY INVESTMENT, L.L.C., a Washington Limited Liability Company vnji Legal Description: A PORTION OF NW 1/4 OF THE SW 1/4 OF THE NW 1/4 OF THE NE 1/4 OF SECTION 36, TOWNSHIP 27 NORTH, RANGE 3 EAST, SNOHOMISH Co., WA 2. Additional legal description is on page(s) 16 of document Assessor's Property Tax Parcel Account Number(s): 270336 00113900 PARKING LOT LEASE � TMS LEASE is made in duplicate effective the between JERRI EILERT, a single woman, hereinafter referre FAMILY INVESTMENT, LLC, a Washington limited liability "Chopsticks Restauranf' hereinafter referred to as "Lessee." REC][TALS day of /V"a* 2003, to as "Lessor" and WOUS doing business as 1. Premises. Lessor hereby leases to Lessee, and Lessee h reby leases from Lessor, those certain premises (a portion of the parking lot) situated in the City of Edmonds, Snohomish County, Washington, legally described as follows: See attached Exhibit "A". incorporated herein by this reference and made a part hereof hereinafter called the "premises", upon -the terms and conditions herein set forth and as shown in that attached Exhibit "A-111 map of parking area); Subject to, (a) Reduction in Size of Premises. If the Lessor or its tenant� (whomever that may be, (currently Lessor's tenant is, J.E. Sign Design, Inc.), should enlarge the building now occupied by Lessor's tenant, then the premises and affected parking stalls shall be reduced accordingly, i. y e area covered by an enlargement of the building. The Lessor shall make every reasonable effort to relocate any displaced parkingsitalls within the boandaries of the Lessor's land. 2. Business Purpose. The premises are to be used for the urpose of providing parking for patrons of the restaurant owned and operated by the Lessee, i.e., "Chopstick's Restauranf' " and all activities related thereto. 3. Term and Extensions. The term of this lease shall be ne (1) year, cornmencing on or about the I st day of January, 2003, and ending on the 3 1 th da: of December, 2003, inclusive, UL/real estate/Eilert Parking Lease/Parking lot lease agreement/ I 1/ 15/02 Page I rn!, ; �111N I subject to being extended for five (5) additional one (1) year terms on the same terms and conditions at the option of the Lessee for monthly rental payments at the amount as agreed between the parties, in writing. Lessee shall exercise these options in writing prior to sixty (60) days before the end of each successive lease term. Failure to exercise this option to renew shall terminate the lease at the end of the term. Early Termination upon Sale of Land. If the Lessor comp (a) letes a sale or a period of Lessoes land to a bona fide purchaser for value, the purchaser may f of one (1) year afler the closing of such sale terminate this lease. To so terminate, the purchaser must, any time within said one (1) year period, give ninety (90) days' notice to Lessee. For clarification purposes, the earliest that purchaser could terminate this lease would be ninety-one (91) days after the closing of the purchase. If said purchaser fails to give such notice within one (1) year from this date, then said purchaser is bound by the continuing terms of this lease. 4. Rent. Lessee covenants and agrees to pay the Lessor as rental for said premises a monthly rental of $600/mo payable on the I" day of each calendar month for the first three (3) months of the lease term, then S900/mo payable on the V day of each calendar month for the next three (3) months of the lease term, then $1200.00/mo. during the balance of the initial lease term (which is 6 months) conu-nencing on or about the Ist day of July 2003, to the end of the lease term. Said amounts to be payable to Lessor at 9920 Edmonds Way, Edmonds, WA 98020. Rent shall be payable monthly by the lease which is due no later than the I st day of each month. Rent shall be paid at the address indicated below for giving notices to the Lessor. Rent shall be delinquent if not received by the 3rd day of each month and, after that time, shall automatically bear interest at a rate of twelve percent (12%) per annum, compounded monthly. A late charge of $50.00 will automatically be due for each month that a payment is not received by the 3rd day on Page 2 klh/real estate/Eilee. Parking Lease/Parking lot lease agreement/ 11/15/02 - 77 A Fn -4 V V� _GV_ the month. Unpaid late charges shall also automatically bear interest at a rate of twelve (12%) per annurn compounded monthly. Rental Summaa & Increases for Renewal Periods. The rent shall increase by 5% for each year during any renewal periods as follows: January 2003 thru March 2003 $600 for first 3 months April 2003 thru June 2003 $900 for 3 months July 2003 thru December 2003 $1,200 for the next 6 months. January 2004 thru December 2004 $1260.00 per month. January 2005 dim December 2005 $1323.00 per month. January 2006 thru December 2006 $1389.15 per month. January 2007 thru December 2007 $1458.60 per month. January 2008 thru December 2008 $1531.53 per month Early Occullancy In December of 2002. In the event that Lessee opens its restaurant (and therefore uses the parking stalls) prior to January 1, 2002 (i.e. in December of 2002) then the rent shall be pro -rated based on a $900 per month base rent ($29.03 per day). 5. Exclusive Use, Hours of Use. (a) General Rules. The parties recognize that Lessor's tenant� currently, J.E. Sign Design, Inc. occupies adjacent land and also leases the premises for parking of vehicles of its employees and customers during certain daytime hours. Lessor's tenant� or its assignee, or Lessor, shall have the exclusive right to use the premises at all times that Lessee does not have the exclusive right to use the premises, all in accordance with and subject to the schedule and exceptions outlined below. (b) Schedule of Exclusive Hours. 11:00 a.m. on Mondays to 8:00 a.m. Tuesday. klh/real estate/Eilert Parking Lease/Parking lot lease agreement/ I 1/ 15/02 Page 3 I the parking lot free from unauthorized use, and not by way of limitation of that duty, Lessee agrees further as follows: (1) Notice, Waming and No Parkingg and Towing Signs. To discourage unauthorized use, Lessee shall, at a minimum, place warning and towing signs at the locations as indicated on the attached diagram, which are marked with the letter "S" stating parking shall be only for customers of J.E. Si gn Design and Chopstick s Restaurant. The signs shall be of appropriate size and shall contain the basic information as indicated, herein. Such signs must be approved by Lessor (which shall not be unreasonably withheld), and paid for by Lessee. Lessee shall also be responsible for maintaining these signs, and other signs already on the premises, at Lessee!s cost which shall mean, but not be limited to, replacing vandalized signs, repainting signs, replacing stolen signs and the Me. 6. The Lessee!s exclusive weekday use of these spaces (marked with "i") shall commence at the end of Lessor's tenant's business hours, as stated above (subject to change by Lessor with reasonable advance notice given to Lessee). 7. Lessor and ifs tenant the tenanfs employees and the tenanes customers are allowed the joint use of these and/or any four (4) spaces on a "first come, first served" basis, with Lessee and its customers at any time Lessor and its tenant the tenanfs customers and the tenanes employees have a legitimate business need. 8. Delive Trucks., Lessee shall keep its delivery trucks from parking in the subject area during unauthorized times. This also pertains to any other businesses trying to park in the area. Ile area in front of J.E. Sign Design, Inc. needs to be kept clear for access at all times during business hours, prior to die authorized times for use. Lessee shall see to it that its vendors who klh/real estate/Eilert Parking Lease/Parking lot lease agreement/ I 1/ 15/02 Page 5 C G L A deliver by truck are aware of where to legally park during unauthorized hours. A designated person(s) for Lessee shall be in charge of informing such truck drivers and deliverymen, and policing for the same, as indicated below. All delivery companies of Lessee must be notified of this Lease and of these provisions. 9. Policine Parking Lot and Designation of Person(s). Lessee must designate a person(s) and/or employees(s) whose job is to police the parking lot for violations on a regular daily basis ore authorized times commence, during the unauthorized times, especially within the last hour bef and in the morning of the next day before unauthorized times begin. Such designated person shall remove all vehicles in violation, i.e., call for a truck to tow away the violator at violatoes cost. Lessee shall keep Lessor informed as to whom has been so designated. Though Lessor has no duty to do so, Lessor may, at its option, call the authorized tow truck company, and does not need to give notice to Lessee prior to calling for the tow. 10. Lessor's Use of Parking Lot. From time to time, Lessor or its tenant, needs to park its customer vehicles in the parking lot for tenant's company business, and this is permitted under this Parking Lot Lease. 11. Default. Regular and continued unauthorized use constituting violations of this lease, shall be grounds for Lessor to declare this lease to be in default and Lessor may elect, at its option, to terminate this lease in its entirety. ises: Lessee shall generally maintain in good repair, at its 12. Maintenance of Prem exclusive expense, the parking lot and all associated components, including but not limited to, asphalt surfacing, drainage, lighting, signs, striping, curbing, front end tire stops, speed bumps and all adjacent landscaping and gardens. With respect to keeping these items in good repair, or after being repaired or improved, Lessee, without limiting the other duties, agrees to do the following: k1li/real estatelEilert Parking Lease/Parking lot lease agreement/I 1/15/02 Page 6 (a) Lighting. With respect to die lights that exist for the parking lot now (currently, the lights are located on the attached diagram marked "L") some of which are on the Lessee!s property, and/or that are added, Lessee agrees to regularly inspect the lights and to replace bulbs immediately to keep the parking lot safe and Well lit at night and, if necessary, repair and/or replace light fixtures. This maintenance shall be done within a reasonable time, which shall be deemed to be three (3) days after a maintenance problem with the lights arises. (b) Planter Area and Hillside Landscaping. The planter areas and shrubs and plants need to be regularly maintained and watered throughout the year, including but not limited to, replacing shrubs that die or are vandalized. This includes, but is not limited to, using beauty bark at least once per year. Weeds and blackberry bushes should be sprayed no less than at least once per year. 'Me hillsides need to be maintained, i.e., weeded and growth cut back. The shrubs need to be regularly maintained. (c) Drain Basin. Lessee agrees to maintain the drain basin as needed for repairs and/or replacement. (d) Fence. Lessee shall maintain and repair all damaged areas and posts of chainlink and wood fences surrounding Lessoes property, i.e., paint, repair, etc. Lessor shall have inspections, and the maintenance and repairs shall be to his personal satisfaction, which will not be unreasonably withheld. (e) Lot Clean-up. Lessee agrees to keep parking areas, including, but not limited to, all planter areas, hillsides area, and around dumpsters, clean from debris, including but not limited to, litter cans, cigarette butts, bottles an d other trash. Lessee shall designate a qualified person to perform this task. Lessor shall be kept reasonably informed as to whom has been so designated. This area must klh/real estate/Eilert Parking Lease/Parking lot lease agreement/ I 1/ 15/02 Page 7 t be inspected and cl eaned as indicated, prior to 8:00 a.m. each day, to the Lessor's personal satisfaction, which shall not be utreasonably withheld. If this work is not c ompleted then Lessor will hire a third party to perform the work and will advance the costs and then add such amounts to Lessee's rental amount. Any bill so incurred and submitted shall be paid by Lessee with 30 days of such submittal. (f) Parldng Area Maintenance. Lessee shall maintain the asphalt parking surface in a reasonable fashion at his cost which shall mean, at a minimum, and Mv not be of limitation, that the surface shall be kept clean and free of cracks, o il and other material. All parking stall stripes shall be regularly inspected and re- to Lessor's satisfaction, which painted when reasonably necess; ary and personal shall not be unreasonably withheld. Speed bumps shall be maintained and Z- repaired when necessary. Lessee shall hire qualified professionals, where needed, to perform maintenance functions to do so. (g) Curbing and Tire Stops. Lessee shall maintain, at its cost, the concrete curbing and tire stops on the premises, which will mean hiring professionals to do so if necessary. (h) Lessee's Building. Lessee shall be keep the east side of the Lessee!s building clean, painted and maintained to the personal satisfaction of Lessor, which shall not be unreasonably withheld. (i) Time Frame for Repairs. Except as otherwise provided herein or otherwise agreed to between parties, once lessee has knowledge of something in need of repairs as described herein, then Lessee shall have three (3) days to repair the same. Disputes Regarding Maintenance and Repairs. Any disputes regarding the repairs or maintenance as provided in this Lease shall be resolved �i U It klli/real estate/Eilert Parking Lease/Parking lot lease agreement/ I 1/ 15/02 I Page 8 by AAA. Arbitration, pursuant to its Commercial Rules, or other mutually agreeable arbitration procedures, but in no event shall there be more than one arbitrator. 13. Utility Costs. Lessor shall pay all sewer and water charges which constitutes liens against real estate of which the premises are a part. Lessee shall pay all garbage, lighting and maintenance charges associated with the premises. 14. Dumuster. As additional compensation for this Lease, the Lessee agrees to allow the Lessor and its tenant J.E. Sign Design, Inc., reasonable use of any dumpster that is either owned or rented by the Lessee, without cost to Lessor or Lessor's tenant. 15. Assignment and Sub -Letting. Lessee shall not assign, mortgage or pledge this Lease or any interest therein, and shall not sublet the premises or any right or privilege appurtenant thereto without the written consent of the Lessor first being obtained , which consent the Lessor agrees not to unreasonably withhold. Requests for assignment, subletting, or any type of transfer of an interest in the Parking Lot Lease while Lessee is not in complete compliance with the terms of the 'Lease will be deemed to be unreasonable, at the option of the Lessor, and consent need not be given. 16. Liability Insurance. Lessee shall procure and maintain at its expense, during the term of this Lease and any extension thereof, public liability insurance with insurers approved by Lessor in the minimum amount of $1,000, for bodily injury and death, and $25..000 for property damage. Such policies shall name the Lessor, Lessor's tenant, J.E. Sign Design, Inc. as additional insureds. If such insurance is not kept in force during the terms of this Lease and any extension thereof, the Lessor may, but is not obligated to, procure the necessary insurance and the premium o r other cost of such insurance shall repaid by the Lessee as additional rent due in full the month following the month in which the Lessor pays for such insurance. Lessor may terminate this lease for lapse of insurance coverage upon giving the Lessee thirty (30) days notice of default and klh/real estatetEilert Parking Lease/Parking lot lease agreement/I 1/ 15/02 Page 9 A C W M, .0 z 0 -n*!. Cho, M NNe e"'1111 intent to terminate for this reason. Lessee shall then have thirty (30) days to reinstate requir insurance coverages and avoid termination of this Lease. Lessee shall provide a current copy the insurance binder and/or declarations page to Lessor for review at lease once every six months. A binder for such insurance shall also be provided. 17. Hold Harmless and Non -Liability of Lessor. Lessor shall not be liable to Lessee others for any damage, loss or injury to the premises being out of repair or due to any defects the premises or to any other cause which the Lessor is not responsible for under this lea, However, the Lessor shall remain liable for affmnative negligent acts on its part or of any of agents or employees. Lessee agrees to indemnify and hold harmless Lessor from any and all lo liability, claims, demands and actions of any kind arising from the failure of the Lessee to k the premises in good condition and repair resulting from a breach or the non -performances of covenant of this Lease by the Lessee. 11 of 6) or in e. its W.. 0 Mp iny 18. Lessee's Right to Make changes- in the Premises. The Lessee shall have the right to V OPZA Z--'�-�'J"' make changes, alterations or improvements to the premises, at its expense, subject to the following conditions: shall be done which will weaken or impair the (a) No Harmfui Changes. Nothing structural soundness of any improvement on the premises, nor which will materially dirninish or hann its value. r. No such changes, or alterations, can be made without the (b) Cons nt of Lesso Ji Lessoes approval in writing. (c) Title to Improve ents. Any additions or improvements to the premises made by die Lessee shall become the property of the Lessor. of good quality and (d) Quality of the Imurovements. All construction Aall be �,g 0 workmanship of the first class. klli/real estatefEilert Parking Lease/Parking lot lease agreement/I 1/15/02 Page 10 L 4 19. Notiggs. All notices to be given by the parties hereto shall be in writing and may either be served personally or may be deposited in the United State Mail, postage prepaid, by either registered mail or by regular mail with certificate of mailing obtained; and it to be given to Lessor, to be addressed to the Lessor, or Lessor's agent or, if to be given to Lessee, may be addressed to Lessee at the leased premises, as follow: (a) To Lessor: Jerri Eilert "T 9920 Edmonds Way :0'.� Edmonds, WA 98020 (b) To Lessee: Terry Woo, Managing Member 0. Woo's Family Investment LLC 23025 — 100" Ave. W. Edmonds, WA 98020 20. Default and Re -En if any rents above reserved, or any part thereof, shal I be and remain unpaid when the same shall become due, or if Lessee shall violate *or default in any of the covenants and agreements herein contained, then the Lessor may cancel this lease upon giving the notice required by law, and re-enter said premises, but notwithstanding such re-entry but the Lessor, the liability of the Lessee for the rent provided for herein shall not be extinguished for the balance of the term of this lease, and Lessee covenants and agrees to make good to the Lessor any Fk deficiency arising from a re -entry and re -letting of the premises at a lesser rental than herein 04 agreed. The Lessee shall pay such deficiency each month as the amount thereof is ascertained by the Lessor. 21. Costs and Attorn2ys Fees. If by reason of any default on the part of th e Lessee it becomes necessary for the Lessor to employ an attorney, or in case Lessor shall being suit to recover any rent due hereunder, or for breach of any provision of this lease or to recover possession of the leased premises, or if Lessee shall bring any action for any relief against Lessor, declaratory or otherwise, arising out of this lease, the prevailing party shall have and recover against die other party, in addition to die cost allowed by law such stun as the court may adjudge klh/real estate/Eilert Parking Lease/Parking lot lease agree ment/ I 1/ 15/02 Page I I �j, to be a reasonable attorney's fee. In the event die Lessee defaults in the payment of the rental amounts stated herein, the Lessee agrees to pay for the cost of any collection agency or attorney employed by Lessor. 22. Non -Waiver of Breach. 'Me failure of the Lessor to insist upon strict performance of any of the covenants and agreements of this lease, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 23. Damme to Lessor's Vehicles or its Customer's Vehicles. Lessee agrees to notify its insurance carrier immediately, should it appear that any of Lessoes vehicles or Lessoes customers' vehicles have been damaged by Lessee or its customers. 24. Heirs and Successo Subject to the provisions hereof pertaining to assignment and subletting, the covenants and agreements of this lease shall be binding upon the heirs, legal representatives, successors and assigns of any or all of the parties hereto. 25. Holdover. If the Lessee shall, with the written consent of Lessor, hold over after the expiration of the term of diis lease, such tenancy shall be for indefinite period of time on a month - to -month tenancy, which tenancy may be terminated as provided by the laws of the State of Washington. During such tenancy, Lessee agrees to pay to the Lessor the same rate of rental as set forth herein, unless a different rate is agreed upon, and to be bound by all of the terms, covenants, and conditions as herein specified, so far as applicable. 26. Subordinate. This lease is subject to and is herby subordinated to all present and future mortgages, deeds and trusts and other encumbrances affecting the dernised premises or the property of which said premises are a part. I'lie Lessee agrees to execute, at no expense to the Lessor, any instrument which may be deemed necessary or desirable by the Lessor to further effect the subordination of this lease to any mortgage, deed of trust or encunibrances. k1h/real estate/Eilert Parking Lease/Parking lot lease agreement/ I 1/ 15/02 Page 12 I . . ... .... . 0 ID. 0) 11� e�) 27. Mutual Release -and Waiver. Lessor and Lessee do each herewith and hereby release and relieve the other, and waive their entire claim of recovery for loss or damage to property arising out of or incident to fire, lightning and perils included in the extended coverage endorsement in, on or about the said premises, whether due to the negligence of any of said parties, their agents or employees or otherwise. 28. Lessor's Warrant-y of Leasehold Interest. Lessor, in addition to any warranties implied by law, expressly warrants to Lessee that the leasehold interest being granted Lessee hereunder is free and clear of any claims by any prior lessee of the premises or of any prior or higher interests in the premises than that granted Lessee hereunder. IN WITNESS WHEREOF, the parties hereto have executed this lease the day and year first above written. e- rN, and INDIVIDUALLY as GUARANTOR of this lease. Date: Ll 0 M, klh/real estate/Eilert Parking Lease/Parking lot lease agreementt 11/15/02 Page 13 Z�' STATE OF WASHINGTON ss COUNTY OF SNOHOMISH I certify that I know or have satisfactory evidence that JERRI L. EILERT signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. DATED this ('0 day of 2003. PETER "A'BENNETT STATE OF WASHINGTON NOTARY —,,— PUBLIC MY COMMISSION EVIRES 2-05-OG . ... — ... I STATE OF WASHINGTON ss COUNTY OF SNOHOMISH V A Notaiy Public sixd or the-gi-ate of . hington Residing at My commission expires: I certify that I know or have satisfactory evidence that TERRY WOO is t he person who appeared before me, and said person acknowledged that he signed this instrument� on oath stated that he was authorized to execute the instrument and acknowledged it as the Managing Member or other authorized agent of WOO'S FAMILY DIVESTMENT, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this 0 _�'-day of Lg=,jVW,—r 2003. 'd f Notary Public in an or tHe State of Washington N Residing at F—D,,ryo-7k, 1) 5 VARY to.. My commission expires: C9 el n q & :0 A Pueoc' OFW klh/real estate/Eilert Parking Lease/Parking lot lease agreement/ 11/15/02 Page 14 .7 A -0 0: , P