Item Number: ___________ 5a Lease Date of Meeting: June _________ THIRD AMENDMENT TO LEASE 28, 2011 BETWEEN PORT OF SEATTLE AND SEAVIEW BOATYARD WEST, INC. SHILSHOLE BAY MARINA THIS THIRD AMENDMENT TO LEASE made as of __________________, 2011, by and between the PORT OF SEATTLE, a Washington municipal corporation, hereinafter called "the Port," and SEAVIEW BOATYARD WEST, INC., a Washington corporation, hereinafter called "Lessee," Un offi Do cia cum l ent W I T N E S S E T H : nto a Term Lease agreement agre agree 3, 1996, WHEREAS, the parties entered into dated July 23, oximately 62,844 square feet of yard space a hereinafter called the "Basic Lease," off approximately at ington, at a monthly ren re .64; and nd Shilshole Bay Marina, Seattle, Washington, rental of $9,860.64; ow wish to amend the t Basic B o increase the he leased ar a WHEREAS, the parties now Lease to area orty one ne (1,541) square feet, effective e July 1, 2011, with wit a by one thousand five hundred forty tal; corresponding increase in rental; E, in consideration of their th mutual promises, omises, s, the parties hereby here her NOW THEREFORE, agree as follows: 1. ased sed area is increased from 62,844 square e feet to 64,385 64,38 square s The leased feet, effective July 1, 2011. 11. 2. The total payable by Lessee al monthly rental re p essee is increased from $9,860.64 to $10,102.44, effective on the following ffective July 1, 2011, based ba b llowing calculations: ations: 64,385 sf yard space ace @ $1.88288 $1 $1.882 88 21,229.22 /yr ÷ 12 = $10,102.44 /mo.* /sf/yr = $121,229.22 *plus applicable applicab taxes. 3. Exhib i attached hereto ereto and incorporated incorpora h Exhibit "A" is herein." 4. Except a d herein, herei alll pro as expressly amended provisions of the Basic Lease (as previously iously amended) shall remain in n full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment as of the day and year first above written. PORT OF SEATTLE a municipal corporation SEAVIEW BOATYARD WEST, INC. By ____ Its _______________________________ LESSOR By_______________________________ Its_______________________________ Un offi Do cia cum l ent Notary to Th Third Amendment to Lease se with SEAVIEW EAVIEW B BOA T, INC. BOATYARD WEST, at Shilshole Bay Marina Ma . STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 20 , before me,, the undersigned ersigned notary notar no shington, on, duly commis commiss worn, personally ersonally appeared appear public in and for the State of Washington, commissioned and sworn, , to me know known to be the of the PORT O OF SEATTLE, E, a municipal unicipal corpora corporatio corporation, the e foregoing ing instrument, and acknowledged edged said aid instrument tto be the corporation that executed the corporation for the uses s and purposes poses therein free and voluntary act and deed of said corporation, ated that he was duly a e the same. mentioned, and on oath stated authorized to execute and nd and official seal hereto he her nd year ar in this Certifica WITNESS my hand the day and Certificate first above written. ___________________ ____________ __________________________________ blic in and for the State of Notary Public on, residing ng at _______ ____ Washington, ______________. ointment nt expires ______________. ______ _____ My appointment (ACKNOW (ACKNOWLE OR CORPORATE ORPORATE LES (ACKNOWLEDGMENT FOR LESSEE) ASHINGTON ) STATE OF WASHINGTON ) ss. NTY OF ___________ __________ ) COUNTY On this _____ _________ _ day of ___________________, _________ ____________ ____________________ 20___, before me, ersonally appeared ared ___________________________________________________ ____ _ ___________________ _____________ personally and __________________ ____________________ ________________, __________, to me known to be the _____________________________________________, __________________ ___________________ sident and d the ___________________________ _______ _________________________ President Secretary, pectively of the corporation cor an foregoing instrument, and respectively that executed the within and edged said iinstrument to be the free and volunta acknowledged voluntary act and deed of said corporation, for oath stated that they were authorized to the uses and purpo purposes therein mentioned, and on o at the seal affixed is the t corporate seal of said corporation. execute said instrument and that OF I have hereunto se IN WITNESS WHEREOF set my hand and affixed my official seal the day and year first above written. ___________________________________________ Notary Public in and for the State of _________________, residing at ________________. My appointment expires _______________________. 2 122-24-29 W 19 28.5 m. 122-24-28 W 122-24-27 W Seaview West, Inc. eaview Boatyard Boa Amendment Premises 122-24-26 W 122-24-26 W Map p center: 47° 40' 36.47" N, 12 122° 24' 27.5" W 122-24 122-24-25 W 122-24-25 W 47-40-35.0 N This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. 9.5 122-24-28 22-24-28 W 122-24-27 W Un of i Do cia cum l ent 122-24-29 W 47-40-36.0 N 47-40-3 0 47-40-37.0 N 47-40-36.0 N 47-40-37.0 N 47-40-35.0 N Seaview Boatyard rd West, W Inc. Inc Scale: 1:325 EXHIBIT A