Edmonds Lease Signed.pdfST 12-833
PARKING LEASE
This PARKING LEASE (the "Lease") is entered into on the 20'h day of December, 2012,
between SALISH CROSSING LLC, a Washington limited liability company ("Landlord") and
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit
authority organized under the laws of the State of Washington ("Tenant").
FITKOFFEW,
A. Landlord is the owner of that certain improved parcel of real property located in
the City of Edmonds, Snohomish County, Washington commonly known as the Salish Center
located at 190 Sunset Avenue South and legally described on Exhibit A (the "Property").
B. Tenant is a regional transit authority created pursuant to chapters 81.104 and
81.112 RCW with all powers necessary to implement a high capacity transit system within its
boundaries in King, Pierce, and Snohomish Counties.
C. Tenant's Sounder rail station is adjacent to the Property and Tenant desires to
lease parking on the Property to serve its commuter rail patrons and other transit users.
D. Landlord wishes to lease to Tenant and Tenant wishes to lease from Landlord
certain designated parking stalls at the Property as described and under the terms and conditions
set forth in this Lease.
AGREEMENT
1. Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord 103
parking stalls located at the Property, consisting of approximately 37,100 square feet,
substantially in the locations depicted on the attached Exhibit B (the "Premises"). Landlord also
grants to Tenant and its agents, patrons, licensees, and invitees a non-exclusive license for
vehicular and pedestrian ingress, egress, and access over, upon, across, and through the Property
for the benefit of the Premises. This license shall terminate automatically at the expiration or
earlier termination of the Lease.
Term.
a. The term of this Lease shall be for a period of five (5) years, commencing on the
date Landlord completes the Parking Lot Improvements (as defined below) and delivers
possession of the Premises to Tenant (the "Commencement Date") and terminating at 11:59 pm
on the date that is sixty (60) months from the Commencement Date, unless terminated sooner
pursuant to the terms hereof (the "Term").
b. Delayed Commencement. Landlord shall act diligently to complete the Parking
Lot Improvements and deliver possession of the Premises to Tenant by May 1, 2013. If Landlord
does not deliver possession of the Premises to Tenant by July 1, 2013, Tenant may elect to cancel
this Lease by giving notice to Landlord within ten (10) days after such time period ends. If
Tenant gives notice of cancellation, the Lease shall be cancelled, all prepaid rent shall be
refunded to Tenant, and neither Landlord nor Tenant shall have any further obligations to the
other.
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C. Extension Term. The Tenn may be extended by mutual agreement. Tenant shall
notify Landlord by February 1, 2018 of its desire to extend the term and the length of extension
requested (the "Extension Tenn"). Landlord shall have until March 15, 2018 to determine if
Landlord wants to extend the tern for the Extension Tenn. During this period, the parties will
determine the fair market value of the monthly rent, any improvements to be performed by
Landlord for the Premises, and Tenant's share of the improvements, if any. If Landlord does not
agree to the Extension Term or if the parties cannot agree on the terms, this Lease will terminate
on the date that is sixty (60) months from the Commencement Date and neither party shall have
any obligation to the other, except for those provisions surviving termination. If Tenant shall
hold over after the expiration of the Tern, such tenancy shall be on a month-to-month basis,
terminable by either party upon thirty (30) days advance written notice. During such month-to-
month tenancy, the parties agree to be bound by all of the terms, covenants, and conditions of the
Lease.
3. Parkin L�provements. Prior to the Lease Commencement Date, Landlord will at its
expense complete construction of a surface parking lot with parking striped for 103 parking
spaces in the locations shown on the attached Exhibit B (the "Parking Lot Improvements"). The
Parking Lot Improvements include, without limitation, compliance with the requirements of the
Americans with Disabilities Act (ADA), site grading, a storm water drainage system, paving,
landscaping, and lighting. Landlord is responsible for any environmental review, permits or other
approvals required for the Parking Lot Improvements.
4. Use.
a. The Premises shall be used for the purpose of operating thereon a parking lot
for riders of public transportation, public parking, and other transit -related uses and for no other
purpose without Landlord's prior written consent, which consent shall not be unreasonably
withheld or delayed.
b. Tenant, at Tenant's risk and expense, has the right to tow vehicles from the
Premises. Tenant will establish an agreement with a local towing company and arrange for signs
to be installed on one or more of the posts supplied by Tenant for the parking control signs.
C. Sound Transit currently does not charge for parking at Sound Transit parking
facilities. Sound Transit reserves the right to charge for parking in the future if approved by the
Sound Transit Board or its duly authorized designee. If Sound Transit so elects to charge for
parking, it shall have the right to install meters, pay stations or other appropriate technology, and
all necessary utilities to operate the same, at its expense in order to collect, monitor, and enforce
payment.
5. Rent. Tenant shall pay monthly rent in the amount of $15,450.00 (the "Rent") for the
first 12 partial or full months after the Commencement Date (the first "Lease Year"). Thereafter,
on each twelve-month anniversary of the Commencement Date, the Rent shall be increased by
3% each Lease Year. Tenant shall pay the Rent in advance, on or before the first day of each
month to Landlord at the address set forth in Paragraph 27 below, or to such other party or at such
other place as Landlord may hereinafter designate to Tenant in writing. If Tenant is in
possession of the Premises for a portion of a month, the monthly rent shall be prorated for the
number of days of Tenant's possession during that month.
6. Utilities. Landlord, at Landlord's expense, shall provide adequate lighting for Tenant's
patrons who may use the Premises during non -daylight hours.
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7. Repairs and Maintenance. Landlord shall maintain the Premises in good and safe
condition. Landlord shall be responsible for all costs associated with cleaning, maintaining, and
repairing the Premises including, but not limited to, pavement repairs, restriping, providing
sweeping service, snow and ice removal, and trash removal and disposal. Landlord shall
perform such maintenance and repairs on a reasonable schedule and, except as otherwise
provided herein, in no event more than thirty (30) days after notified by Tenant that repairs and
maintenance are required. In cases of emergency (including snow and ice removal) Landlord
shall perform repairs and maintenance as soon as reasonably possible after receiving notification
or becoming aware of the need for maintenance or repair. If repairs and maintenance cannot be
completed within thirty (30) days after Landlord has become aware of the need for repairs or
maintenance, Landlord shall commence such repairs and maintenance within thirty (30) days and
diligently pursue them to completion.
8. Liens. Both Tenant and Landlord shall keep the Premises free from any liens arising out
of any work performed for, materials furnished to, or obligations incurred on their behalf.
Landlord agrees to indemnify Tenant against any liens resulting from Landlord's work.
9. Alterations. Tenant may not make any alterations, additions, or improvements to the
Premises other than signage as described in Section 10 below without obtaining the prior written
consent of Landlord, which consent shall not be unreasonably withheld or delayed.
10. Sims. Tenant shall be permitted to install signage at the Premises at Tenant's expense.
Tenant agrees that upon conclusion of the Term, it will remove all signs or improvements it
placed on the Premises and will repair any damage caused by such removal.
H. Subletting and Assignment. Tenant may sublet the whole or any part of the Premises
without the prior written consent of Landlord. Tenant shall provide a copy of any such sublease
to Landlord. Tenant shall not assign this Lease without the prior written consent of Landlord,
which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, in
the event Tenant is dissolved or ceases to be a regional transit authority under Washington law,
Tenant may assign this Lease without Landlord's consent to a successor agency providing public
transit services of a similar nature to those services provided by Tenant.
12. Access. Tenant shall have twenty-four (24) hour access to the Premises. Landlord shall
have the right to enter the Premises at reasonable times and after seventy-two (72) hours advance
notice (except in the case of an emergency) to Tenant for purposes of inspection, or of making
repairs, additions or alterations. Landlord will use commercially reasonable efforts to schedule
repairs at times and in a manner that will minimize the need to close any part of the Premises for
parking. In the event Landlord needs to schedule major repairs that would require Tenant's loss
of use of all or part of the Premises, Landlord shall provide at least 7 days advance notice to
Tenant to enable Tenant to post signage notifying patrons of the proposed closure. If Landlord
repairs require closure of any part of the Premises for more than twenty four (24) hours, and
Landlord does not temporarily relocate Tenant to another portion of the Property, Tenant may
abate Rent for the portion of the Premises affected and the number of days the closure is in effect.
13. Governmental Char. Landlord shall indemnify and save Tenant harmless from any
taxes, assessments or governmental charges of any kind which may be levied against the
Premises, except for those resulting from Tenant's use of the Premises.
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14. Relocation of Premises and Landlord Redevelopment. After the Commencement Date,
Landlord may elect to redevelop the Property and reconfigure the parking stalls on the Property.
In the event of such redevelopment, Landlord may temporarily or permanently relocate some or
all of parking stalls on the Premises to another area or areas on the Property provided Tenant
maintains the right to use the same number of parking stalls allocated to it under this Lease. If the
relocation is temporary, Landlord shall proceed diligently to complete the construction to enable
Tenant to return to the Premises in a timely manner. If Landlord's redevelopment plans include
temporary or permanent relocation of ten (10) or more parking stalls or materially impede ingress
and egress to the Premises, Landlord shall submit its plans and a construction schedule to Tenant
for its review. Tenant shall have the right to propose reasonable changes to Landlord's plans,
including the location of replacement parking, within 30 days of their receipt. Failure to respond
within such period shall constitute Tenant's approval. Landlord and Tenant shall work in good
faith to agree on a plan of relocation to pen -nit Landlord to accomplish its redevelopment while
accommodating Tenant's use. Following Tenant's approval, Landlord shall provide Tenant 30
days advance written notice before relocating the Premises to another portion of the Property.
Landlord shall reimburse Tenant for expenses incurred by Tenant to relocate or replace Tenant's
signage at the Premises.
15. Condemnation. In the event more than 20% of the parking stalls located on the Premises
are taken or damaged by the right of eminent domain, or purchased by the condemnor in lieu
thereof ("condemned parking stalls"), then Landlord shall have the right to replace the
condemned parking stalls with other parking stalls located on the Property and this Lease shall
remain in full force and effect. In the event Landlord elects not to replace such parking stalls, then
this Lease shall be terminated as of the time of the taking at the option of either Tenant or
Landlord. In the event such taking amounts to less than 20% of the parking stall on the Premises,
then the Rent shall be reduced in direct proportion to the portion of the Premises taken. Tenant
shall have no claim to any portion of the compensation for the taking or damaging of the land or
building. Nothing herein contained shall prevent the Tenant from its entitlement to negotiate for
moving costs and leasehold improvements.
16. Accidents and Liability, Insurance. Landlord or its agent shall not be liable for any injury
or damage to persons or property sustained by Tenant or Tenant's invitees in and about the
Premises or Property, except to the extent such injury or damage is caused by Landlord's or its
agent's negligence or breach of this Lease. Tenant agrees to indemnify, defend and hold
Landlord and its agents harmless from any claim, action, expenses, costs, fees (including
attorneys' fees) and/or judgment for damages to property or injury to persons suffered or alleged
to be suffered on the Premises, or for damages to property or injury to persons suffered or alleged
to be suffered on the Property resulting from Tenant's negligence or breach of this Lease, except
to the extent caused by Landlord's negligence or breach of this Lease. Landlord and Tenant each
agree to maintain commercially reasonable liability insurance on the Premises and to name the
other as an additional insured.
17. Subrogation Waiver. Each of Landlord and Tenant release and relieve the other and
waive their entire right of recovery against the other for loss or damage arising out of or incident
to the perils described in standard fire insurance policies and all perils described in the "Extended
Coverage" insurance endorsement approved for use in Washington state, that occurs in, on, or
about the Premises or Property, whether due to the negligence of either party, their agents,
employees, or otherwise,
18. Damage or Destruction. In the event the Premises are rendered untenantable in whole or
in part by the elements, or other casualty, Landlord shall promptly and diligently restore and
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rebuild the Premises, subject to reasonable delays for insurance adjustment or matters beyond
Landlord's control. Notwithstanding the foregoing, in the event repairs cannot reasonably be
completed within ninety (90) days from the date of damage, the damage occurs within the last six
(6) months of the Term, or there are insufficient insurance proceeds to complete such repairs,
Landlord may elect, at its option, not to restore or rebuild the Premises, and shall notify Tenant of
such election. In such event, the Lease may be terminated at Tenant's option by a written notice
to Landlord, effective upon receipt. During any period of untenantability, Rent shall abate in the
same ratio as the portion of the Premises rendered untenantable bears to the whole of the
Premises.
19. Default and Remedies. Tenant shall be in default of the Lease if. (a) Tenant fails to pay
any Rent or other charge under this Lease within five (5) days after the date when due. An
additional charge of five percent (5%) of any past due payment shall be added to any late
payment for each month such rental payment(s) are late; or (b) Tenant fails to perform any of the
requirements or agreements in this Lease, other than the payment of Rent, and such failure
continues for thirty (30) days after written notice from Landlord, unless Tenant has taken
appropriate action in good faith to cure such failure and diligently pursues the same.
In the event of such a default, Landlord may terminate this Lease and re-enter the
Premises with due process of law, Landlord may, without terminating this Lease, re-enter the
Premises with due process of law, and sublet the whole or any part thereof for Tenant's account
upon as favorable terms and conditions as the market will allow for the balance of the Term and
Tenant shall pay to Landlord any deficiency arising from a re -letting of the Premises at a lesser
amount than the Rent (Tenant shall pay such deficiency each month as the amount is ascertained
by Landlord); or Landlord may pursue any additional remedies available at law or equity.
If Landlord fails to perform any of the requirements or agreements in this Lease, and such
failure continues for thirty (30) days after written notice from Tenant, unless Landlord has taken
appropriate action in good faith to cure such failure, Tenant may cure such default at its own
expense and deduct the reasonable costs of such cure from future Rent payments until recovered
in full or seek reimbursement from Landlord.
20. Removal of Property. In the event Landlord lawfully re-enters the Premises as provided
herein, Landlord shall have the right, but not the obligation, to remove all the personal property
located therein and to place such property in storage at the expense and risk of Tenant.
21. Costs and Attorney's Fees. If, by reason of any default or breach on the part of either
party in the performance of any of the provisions of this Lease, and legal action is instituted, the
non -prevailing party agrees to pay all reasonable costs and attorney's fees in connection
therewith. The venue of any legal action brought under the terms of this Lease shall be
Snohomish County, Washington.
22. Quiet Enjoyment. Tenant shall be entitled to quiet enjoyment of the Premises.
23. No Waiver. Any waiver by either party of any breach of this Lease by the other shall not
be considered a waiver of any future similar breach. This Lease contains all of the agreements
between the parties and there shall be no modification of this Lease except by written
amendment.
24. Surrender of Premises. Tenant agrees, upon termination of this Lease to peacefully quit
and surrender the Premises without notice, leaving the Premises neat and clean (including the
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removal of any improvements to the Premises that Tenant has installed), reasonable wear and tear
excepted.
25. Holding Over. If Tenant, with the implied or express consent of Landlord, holds over in
the Premises after the expiration of the Term, the parties shall remain bound by all of the
covenants and agreements herein, except that the tenancy shall be from month to month.
26. Binding on Heirs, Successors and Assigns. The covenants and agreements of this Lease
shall be binding upon the heirs, executors, administrators, successors and assigns of both parties
hereto, except as may be provided otherwise in this Lease.
27. Notice. Any notice required to be given by either party to the other shall be deposited in
the United States mail, postage prepaid, delivered in person, or sent by certified mail or overnight
mail service. Notices delivered in person and by overnight mail service shall be deemed received
upon delivery. Notices sent by regular or certified mail shall be deemed received three (3) days
after deposit in the mail. Such notices shall be delivered to the following addresses or to such
other addresses as either party may designate to the other in writing from time to time:
Landlord:
Salish Crossing LLC
c/o The Echelbarger Company
22833 Bothell -Everett Highway, Suite 207
Bothell, WA 98021
Attn: Nicholas Echelbarger
Tenant:
Sound Transit
401 S. Jackson Street
Seattle, WA 98104
Attn: Property Management Manager
28. Exhibits. The Exhibits referenced herein are incorporated into this Lease.
29. Time. Time is of the essence of this Lease.
30. Memorandum of Lease. Tenant may record a memorandum of this Lease in substantially
the form attached as Exhibit C in the real property records of Snohomish County.
31. Landlord Covenant. Landlord covenants that Landlord holds fee simple title to the
Premises and has full right to enter into this Lease for the uses and purposes herein provided.
32. Compliance with Laws. Landlord shall keep and use the Premises at all times in
accordance with the laws of the City of Edmonds and the State of Washington and shall not cause
or permit to be caused any waste, damage, or injury to the Premises. Landlord shall comply with
laws, rules, orders, ordinances, regulations and requirements now or hereafter enacted or
promulgated which are applicable to the Premises.
33. Nondisturbance. Provided Tenant is not in default of the Lease beyond any applicable
cure period, Tenant's rights and privileges under this Lease or under any extensions or renewals,
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shall not be diminished or interfered with by any mortgage procured by Landlord, and Tenant's
occupancy shall not be disturbed by mortgagee during the term of the Lease or any such
extensions or renewals thereof. In addition, in the event that the Premises are sold, Landlord shall
require any buyer to be bound by the terms and conditions of this Lease.
34. Broker. Landlord and Tenant each represent to the other that neither is represented by
any broker, agent, or finder with respect to this Lease. Each party agrees to indemnify and hold
the other party harmless from and against any and all liability, costs, damages, causes of action or
other proceedings instituted by any broker, agent or finder, licensed or otherwise, claiming
through, under or by reason of the conduct of the indemnifying party in any manner whatsoever
in connection with this Lease.
35. Authori . Each individual signing this Lease represents that he or she has been duly
authorized to execute and deliver this Lease on behalf of the signing party and that this Lease is
binding upon the party in accordance with its terms.
36. Counterparts. This Lease may be executed in counterparts, each of which shall constitute
an original, but all of which shall constitute one document.
LANDLORD:
SALISH CROSSING LLC
BY
Name:
Its: �.. ..,
Salish Parking Lease Final.docx
TENANT:
CENTRAL PUGET SOUND REGIONAL
TRANSIT AUTHORITY
a
By:'����o ':......
m
Its:o`.
AS TO
Transit Legal Counsel
STATE OF WASHINGTON
COUNTY OF
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument, and
acknowledged it as a ."j,", of SALISH CROSSING LLC, a
limited liability company, to be the free and voluntary act of such party for the uses and purposes
therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this
/0- ") day of .« 6f1k..46V4 2011.
I
STATE OF WASHINGTON
COUNTY OF KING
Signature: -'*J!�an-bory7�
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Notary Public in and for the State of Washington
Notary (print name) 5061
Residing at "-iOC)d"l I,"'/ �
My appointment expires:
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On this day of__ -signed notary
2012, before me, the undei
public un and for the State of Washington, duly commissioned and sworn, personally appeared
/'77 67
. to me known to be the
. .. . .........
of CENTRAL PUGET SOUND REGIONAL TRANSIT
AUORITY, a regional transit authority, the authority that executed the foregoing instrument,
and acknowledged said instrument to be the free and voluntary act and deed of said authority, for
the uses and purposes therein mentioned, and on oath stated that he/she was duly authorized to
execute the same.
WITNESS my and and official seal hereto the day an„d_yar inthis Certificate first above
written.
SignaturL
Notary Public in and for the State of Washington
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Notary (print name) (`)n pill illl
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e Residing at
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My appointment expires:.
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THE PROPERTY
PARCEL NO. 27032300104500
LEGAL DESCRIPTION:
ALL THAT PORTION OF GOVERNMENT LOTS 2 AND 3 IN SECTION 23, TOWNSHIP 27
NORTH, RANGE 3 EAST, W.M., SNOHOMISH COUNTY, WASHINGTON, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID GOVERNMENT
LOT 3 WITH THE NORTH MARGIN OF DAYTON STREET;
THENCE SOUTH 89055'00" WEST, ALONG THE NORTH MARGIN OF DAYTON STREET,
A DISTANCE OF 105.00 FEET TO THE WEST MARGIN OF FRONT STREET AS
CONVEYED TO THE CITY OF EDMONDS, BY DEED RECORDED UNDER AUDITOR'S
FILE NO. 1868728, TO THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND
HEREIN DESCRIBED;
THENCE CONTINUING SOUTH 89055'00" WEST ALONG THE NORTH MARGIN OF
DAYTON STREET, A DISTANCE OF 498.26 FEET TO AN INTERSECTION WITH THE
EASTERLY MARGIN OF THE GREAT NORTHERN RAILROAD COMPANY RIGHT-OF-
WAY;
THENCE NORTH 41012'54" EAST, ALONG THE EASTERLY MARGIN OF THE GREAT
NORTHERN RAILROAD COMPANY RIGHT-OF-WAY, A DISTANCE OF 435.88 FEET;
THENCE NORTH 48047'06" WEST, ALONG SAID EASTERLY MARGIN, A DISTANCE OF
50.00 FEET;
THENCE NORTH 41012'54" EAST, ALONG SAID EASTERLY MARGIN, A DISTANCE OF
325.09 FEET TO AN INTERSECTION WITH THE SOUTHERLY MARGIN OF JAMES
STREET;
THENCE SOUTH 60059'00" EAST ALONG THE SOUTHERLY MARGIN OF JAMES
STREET, A DISTANCE OF 182.55 FEET TO AN INTERSECTION WITH THE WESTERLY
MARGIN OF FRONT STREET AS WAS DEEDED TO THE CITY OF EDMONDS BY DEED
FILED FOR RECORD UNDER AUDITOR'S FILE NO. 725561, RECORDS OF SNOHOMISH
COUNTY, WASHINGTON;
THENCE SOUTH 29001'00" WEST, ALONG THE WESTERLY MARGIN OF FRONT
STREET, A DISTANCE OF 95.49 FEET TO THE POINT OF A CURVE TO THE LEFT
HAVING A RADIUS OF 630.00 FEET;
THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT AND
CONSUMING A CENTRAL ANGLE OF 29008'00", AN ARC DISTANCE OF 320.34 FEET;
THENCE SOUTH 0007'00" EAST, A DISTANCE OF 125.70 FEET TO THE TRUE POINT OF
BEGINNING.
EXCEPT THAT PORTION IN THE SOUTHEAST CORNER CONVEYED TO THE STATE
OF WASHINGTON FOR HIGHWAY SR -104, BY WARRANTY DEED RECORDED
MARCH 24,197 1, UNDER AUDITOR'S FILE NUMBER 2189320.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
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EXHIBIT B
THE PREMISES
i,i.0 i. r
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MEMORANDUM OF LEASE
After recording mail to:
Sound Transit
401 S. Jackson Street
Seattle, WA 98104
Attn: Property Management Manager
Landlord: Salish Crossing LLC, a Washington limited liability company
Tenant: Central Puget Sound Regional Transit Authority
Abbr. Legal Description: Ptn. Gov. Lots 2 and 3, Sec. 23, T27N, R3E, W.M., Snohomish
County. Complete legal description on attached Exhibit A.
Parcel No: 27032300104500
This Memorandum of Lease (this "Memorandum") is executed as of
between Salish Crossing LLC, a Washington limited liability
company ("Landlord") and the Central Puget Sound Regional Transit Authority, a
regional transit authority organized under the laws of the State of Washington ("Tenant).
RECITALS
A. Landlord and Tenant are parties to a certain Lease for parking dated as of
December 20, 2012 (the "Lease").
B. The parties have entered into this Memorandum for the purpose of recording
notice of the Lease among the real property records of Snohomish County,
Washington.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises contained in the
Lease, Landlord and Tenant agree as follows:
1. Description of the Premises. The Premises consists of a portion of the real
property described in Exhibit A attached hereto, located at 190 Sunset Ave S.,
Edmonds, Washington.
2. Tenn of Lease. The Lease commences on and terminates five (5)
years from the date Landlord completes the Parking Lot Improvements and
delivers the Premises to Tenant, as further described in the Lease.
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3. Release of Memorandum. Following the expiration or earlier termination of the
Term of the Lease, Tenant shall upon written request from Landlord, execute a
release of this Memorandum or such other written acknowledgment of the
expiration or termination of the Lease reasonably acceptable to Landlord. In the
event the Lease is terminated and Tenant refuses or fails to execute a recording
within ten (10) days of a request by Landlord to do so certifying that the Lease
has been terminated, Landlord may file a recording certifying that the Lease has
been terminated, whereupon this Memorandum of Lease shall terminate of
record.
4. Binding Effect. This Memorandum shall be binding upon Landlord and Tenant
and their respective successors and assigns. If any inconsistency exists or arises
between the terms of this Memorandum and the teens of the Lease, the terms of
the Lease shall prevail.
Counterparts. This Memorandum may be executed in counterparts, each of
which shall constitute an original, but all of which shall constitute one document.
LANDLORD:
SALISH CROSSING LLC
By: _
Name:
Its:
Approved as to Form:
Sound Transit Legal Counsel
Salish Parking Lease Final.docx
TENANT:
CENTRAL PUGET SOUND REGIONAL
TRANSIT AUTHORITY
By: _
Name:
Its:
12 Please Initial
STATE OF WASHINGTON
COUNTY OF
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument, and
acknowledged it as a of SALISH CROSSING LLC, a
limited liability company, to be the free and voluntary act of such party for the uses and purposes
therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this
day of 2012.
S ignature:
Notary Public in and for the State of Washington
Notary (print name)
Residing at
My appointment expires:
STATE OF WASHINGTON
COUNTY OF KING
On this - day of , 2012, before me, the undersigned notary
public in and for the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the
of CENTRAL PUGET SOUND REGIONAL TRANSIT
AUTHORITY, a regional transit authority, the authority that executed the foregoing instrument,
and acknowledged said instrument to be the free and voluntary act and deed of said authority, for
the uses and purposes therein mentioned, and on oath stated that he/she was duly authorized to
execute the same.
written.
WITNESS my hand and official seal hereto the day and year in this Certificate first above
Signature:
Notary Public in and for the State of Washington
Notary (print name)
Residing at
My appointment expires:
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EXHIBIT A
TO MEMORANDUM OF LEASE
THE PROPERTY
PARCEL NO. 27032300104500
LEGAL DESCRIPTION:
ALL THAT PORTION OF GOVERNMENT LOTS 2 AND 3 IN SECTION 23, TOWNSHIP 27
NORTH, RANGE 3 EAST, W.M., SNOHOMISH COUNTY, WASHINGTON, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID GOVERNMENT
LOT 3 WITH THE NORTH MARGIN OF DAYTON STREET;
THENCE SOUTH 89055'00" WEST, ALONG THE NORTH MARGIN OF DAYTON STREET,
A DISTANCE OF 105.00 FEET TO THE WEST MARGIN OF FRONT STREET AS
CONVEYED TO THE CITY OF EDMONDS, BY DEED RECORDED UNDER AUDITOR'S
FILE NO. 1.8687281
TO THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND
HEREIN DESCRIBED;
THENCE CONTINUING SOUTH 89055'00" WEST ALONG THE NORTH MARGIN OF
DAYTON STREET, A DISTANCE OF 498.26 FEET TO AN INTERSECTION WITH THE
EASTERLY MARGIN OF THE GREAT NORTHERN RAILROAD COMPANY RIGHT-OF-
WAY;
THENCE NORTH 41012'54" EAST, ALONG THE EASTERLY MARGIN OF THE GREAT
NORTHERN RAILROAD COMPANY RIGHT-OF-WAY, A DISTANCE OF 435.88 FEET;
THENCE NORTH 48047'06" WEST, ALONG SAID EASTERLY MARGIN, A DISTANCE OF
50.00 FEET;
THENCE NORTH 41012'54" EAST, ALONG SAID EASTERLY MARGIN, A DISTANCE OF
325.09 FEET TO AN INTERSECTION WITH THE SOUTHERLY MARGIN OF JAMES
STREET;
THENCE SOUTH 60059'00" EAST ALONG THE SOUTHERLY MARGIN OF JAMES
STREET, A DISTANCE OF 182.55 FEET TO AN INTERSECTION WITH THE WESTERLY
MARGIN OF FRONT STREET AS WAS DEEDED TO THE CITY OF EDMONDS BY DEED
FILED FOR RECORD UNDER AUDITOR'S FILE NO. 725561, RECORDS OF SNOHOMISH
COUNTY, WASHINGTON;
THENCE SOUTH 29001'00" WEST, ALONG THE WESTERLY MARGIN OF FRONT
STREET, A DISTANCE OF 95.49 FEET TO THE POINT OF A CURVE TO THE LEFT
HAVING A RADIUS OF 630.00 FEET;
THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT AND
CONSUMING A CENTRAL ANGLE OF 29008'00", AN ARC DISTANCE OF 320.34 FEET;
THENCE SOUTH 0007'00" EAST, A DISTANCE OF 1.25.70 FEET TO THE TRUE POINT OF
BEGINNING.
EXCEPT THAT PORTION IN THE SOUTHEAST CORNER CONVEYED TO THE STATE
OF WASHINGTON FOR HIGHWAY SR -104, BY WARRANTY DEED RECORDED
MARCH 24, 1.971, UNDER AUDITOR'S FILE NUMBER 2189320,
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
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