iew

Item No. 7a_attach
Meeting Date: October, 8, 2019

THIRD AMENDMENT TO LEASE
BETWEEN

PORT OF SEATTLE
AND

CITY OF SEATTLE

unde
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THIS THIRD AMENDMENT TO LEASE is made as of _______________, 20_____, by and
between the PORT OF SEATTLE, a Washington municipal corporation, hereinafter called "the
Port," and THE CITY OF SEATTLE, a Washington municipal corporation ("the City"),
hereinafter called "Lessee,"
W I T N E S S E T H :

WHEREAS, the parties entered into a lease agreement dated September 29, 2017 ("Lease")
covering certain premises on Port property commonly known as the Tsubota property, Seattle
Washington; and which was subsequently amended by First Amendment dated November 16,
2017 and Second Amendment dated February 28, 2019; and
WHEREAS, the parties now wish to further amend the Lease to extend the lease term by one
year.
NOW THEREFORE, in consideration of their mutual promises, the parties hereby agree as
follows:
1.
Lease Term. Lease section 2.1 as amended by the Second Amendment is deleted in its
entirety and is replaced with the following:
"2.1
Lease Term. The lease shall be for a term of three (3) years, expiring on
November 16, 2020.
2.
Except as expressly amended herein, all provisions of the Lease as previously amended
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment as of the day
and year first above written.
Port:

City:

City of Seattle,
a Washington municipal corporation

By _________________________________
Its_______________________________

By _________________________________
Its_______________________________

Draft

Port of Seattle,
a Washington municipal corporation

3rd Amendment
POS Agreement #003059
City of Seattle
09/27/2019

1

iew

Notary to Third Amendment to Lease
with the City of Seattle
at the Tsubota property.
STATE OF WASHINGTON
COUNTY OF KING

)
) ss
)

unde
r Rev

On this _____ day of ___________________, 20_____, before me personally appeared
____________________________, to me known to be the _________________________________ of the PORT
OF SEATTLE, the municipal corporation that executed the within and foregoing instrument, and acknowledged 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 s/he was authorized to execute said instrument.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above
written.

_____________________________________________
(Signature)
_____________________________________________
(Print Name)
Notary Public, in and for the State of Washington,
residing at _____________________________________
My Commission expires: _________________________

STATE OF WASHINGTON
COUNTY OF KING

)
) ss
)

On this _____ day of ___________________, 20_____, before me personally appeared
____________________________, to me known to be the _________________________________ of the
___________________________________, the individual/entity that executed the within and foregoing instrument
as Lessee, and acknowledged said instrument to be the free and voluntary act and deed of said individual/entity, for
the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said instrument.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above
written.

Draft

_____________________________________________
(Signature)
_____________________________________________
(Print Name)
Notary Public, in and for the State of Washington,
residing at _____________________________________
My Commission expires: _________________________

3rd Amendment
POS Agreement #003059
City of Seattle
09/27/2019

2

SECOND AMENDMENT TO LEASE
BETWEEN
PORT OF SEATTLE
AND
CITY OF SEATTLE

ORIGINAL

THIS SECOND AMENDMENT TO LEASE ("Second Amendment") made as of
V\C\(
. 2019 by and between the PORT OF SEATTLE, a Washington municipal
corporation (the "Port") and the CITY OF SEATTLE, a Washington municipal corporation (the
"City").

WHEREAS, the parties entered into a lease agreement dated September 29, 2017 ("Lease")
covering certain premises on Port property commonly known as the Tsubota property, Seattle
Washington; and
WHEREAS, the parties now wish to further amend the Lease as previously amended by the First
Amendment dated November 16, 2017 ("First Amendment"), where certain provisions - Term,
Commencement Date and emergency access to the Premises - were amended; and
WHEREAS, with the November 27, 2018 Hearing Examiner affirmation of the DNS, the parties
now wish to amend the Lease to enlarge the Premises from 11,314 square feet to 17,994 square
feet.
NOW THEREFORE, in consideration of their mutual promises, the parties agree as follows:
1. Revision to Premises. Section 1.1 as amended in the First Amendment is deleted in its
entirety and is replaced with the following:
"L1 Premises. The Port hereby leases to the City and the City leases from the
Port, 17,994 square feet of vacant land, located on Port property commonly
known as the Tsubota property, legally described on the attached Exhibit A-2,
replacing Exhibit A-1 in the First Amendment (the "Premises") and depicted on
the attached Exhibit B-3 replacing Exhibit B-1 in First Amendment. In addition,
the Port hereby grants the City a non-exclusive license to use the Port property
depicted on the Site Plan attached as Exhibit C-2 ("Common Area") showing
the layout of tiny homes and supporting services and features, and replacing
Exhibit B-2 in the First Amendment. Exhibits A-2, B-3 and C-2 are incorporated
herein by this reference.
2. Lease Term. Lease section 2.1 as amended in the First Amendment is deleted in its
entirety and is replaced with the following:
"2.1 Lease Term. The Lease shall be for a term of two (2) years, expiring on
November 16, 2019.
3. Use of Premises. Lease sections 4.1 and 4.1.1 are deleted in their entirety and replaced
with the following:
"4.1 Use of Premises. The City shall use the Premises for operating Tent City 5,
including the placement of forty-three (43) tiny structure houses ("tiny homes")
and additional tents, all of which will provide residential housing to no more than
one hundred (100) residents and their pets, where applicable.
4.1.1 Use of Common Area. The City shall use the Common Area
depicted on Exhibit C-2 solely for the following purposes:
4.1.1.1 load/unload area for delivery of donations;
4.1.1.2 trash pick-up; and

2"* Amemiment
POS Agreemcni #003059
City of Seattie

ORIGINAL
4,1.1.3 placing no more than (a) three, four-yard trash dumpsters
and (b) one, propane tank storage platform.
4. Exhibits.
a. Exhibit A-1 to the First Amendment is deleted and is replaced with the attached
Exhibit A-2.
b. Exhibit B-1 to the First Amendment is deleted and is replaced with the attached
Exhibit B-3.
c. Exhibit B-2 to the First Amendment is deleted and is replaced with the attached
Exhibit C-2.
d. Exhibits A-2 and B-3 and C-2 are incorporated by this reference.

5. Full Force and Effect: Capitalized Terms: and Effective Date. Except as provided for
in this Second Amendment, the Lease as modified by the First Amendment is in full force
and effect. Any capitalized term used but not defined herein has the meaning ascribed to
it in the Lease as modified by the First Amendment. When used in this Second
Amendment, the term ^Effective Date" is the date this Second Amendment is first fullyexecuted as evidenced by the dates in the signature blocks. Each party authorizes the
endorsement of such date for administrative reference in the space provided for in the
heading of this Second Amendment.
IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the Effective
Date.
Port:

City:

Port of Seattle, a Washington municipal
corporation

City of Seattle, a Washington municipal
corporation

By:
Printed Name:
Its:
Date:

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Hdlnda Hiiier
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Economic Devekwnent DMston

By:
Printed Name:
Its:
Date:

[Notary page and exhibits follow]

2*^ Amendment
POS Agieemem #003059
City of Seattle

ORIGINAL
PORT ACKNOWLEDGMENT
STATE OF WASHINGTON

)

) ss.
)

COUNTY OF KING

I certify that I know or have satisfactory evidence that^"/l(^.^^lA^I(C

the

person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated_thaL(he/she) was authorized to execute the instrument and
acknowledged it as the^//^S^^€g^
of the PORT OF SEATTLE, a
Washington municipal corporation, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
day of

JBSCRIBED AND SWORN to before me this
2019.

I rs^.- '^1^5

Notary Public in ^jd for the State of
.
residing at
Q>/
___________________
ress-/
ly commission expiress^
\Q>(UK AUrggjiQK J
[Type or Print Notary Name]

Of

(Use This Space for Notarial Seal Stamp)
CITY ACKNOWLEDGMENT
STATE OF WASHINGTON
) ss.
COUNTY OF KING

is the
I certify that I know or have satisfactory evidence that
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated t^t (he/she) was authorized to execute the instrument and
acknowledged it as the
& Q^OCiof the CITY OF SEATTLE, a
Washington municipal corporation, to be the free and voluntary act of such parly for the uses and
purposes mentioned in the instrument.
__

SUBSCRIBED AND SWORN to before me this
. 2019.

lyday of

Notary Public in and
>
nd fcr
for the
the State
State of lAJ/\
residing at______ ^
My,comnnssion expires:
,v3
// . ^

y\a_

M-

/T) Cu^a

5

"I I

[Type or Print Notary Name]

Xf^VAS<
(Use This Space for Notarial Seal Stamp)

2** Amendment
POS Agreement #003059
City of Seattle

Exhibit A-2
Legal Description of the Premises
EXCLUSIVE LEASE AREA
KING COUNTY PARCEL NUMBERS 766620-1560 AND 766620-1601

THE EAST 21 FEET OF LOT 8 AND THE WEST 123.5 FEET OF LOT 9, BLOCK 131.
SEATTLE TIDELANDS, ACCORDING TO THE OFFICIAL MAPS ON FILE IN THE OFFICE OF
THE COMMISSIONER OF PUBLIC LANDS, OLYMPIA, WASHINGTON: TOGETHER WITH
THAT PORTION OF VACATED ALLEY, FORMERLY KNOWN AS 16t h AVENUE WEST.
ADJOINING SAID LOTS 8 AND 9.
SITUATED IN A PORTION IN THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 23, TOWNSHIP 25 NORTH, RANGE 3 EAST, W.M., KING COUNTY,
WASHINGTON.
CONTAINING 17,994 SQUARE FEET OR 0.41 ACRES MORE OR LESS.

2*^ Amendment
POS Agreement #003059
City of Seattle

Exhibit B-3
ApDroximatelv 17.994 Square Feet of Lease Area at Tsubota Site

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2^ Amendment
POS Agreement #003059
City or Seattle

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Magnolia Bridge
Ramp

Exhibit C-2
Site Plan Depicting Layout and Common Area

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2^ Amendment
POS Agreement #003059
City of Seattle

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STEAREA 1T.1M7

FIRST AMENDMENT TO LEASE
BETWEEN
PORT OF SEATTLE
AND
CITY OF SEATTLE
THIS FIRST AMENDMENT TO LEASE made as of November 16, 2017, by and
between the PORT OF SEATTLE, a Washington municipal corporation ("Pott"), and the CITY
OF SEATTLE, a Washington municipal corporation ("City").
WHEREAS, the parties entered into a lease agreement dated September 29, 2017( "Lease")
covering certain premises on Port property commonly known as the Tsubota Property, Seattle,
Washington; and
WHEREAS, the parties now wish to revise the Lease to clarify the following provisions: Term,
Commencement Date, and emergency access to the Premises.
NOW THEREFORE, in consideration of their mutual promises, the parties hereby agree as
follows:
1.

Section 1.1 of the Lease is deleted in its entirety and replaced with the following:

1.1
Premises. The Port hereby leases to the City and the City hereby leases from the
Port, 11,314 square feet of vacant land, located on Port property commonly known as the
Tsubota Property, and legally described on Exhibit A-1 attached hereto ("Premises") and
depicted on attached Exhibit B-1. In addition, the Port hereby grants the City a non-exclusive
license to use the Port property depicted on attached Exhibit B-2 ("Common Area") solely for
the purposes set forth in Section 4.1.1 of the Lease, as amended by this First
Amendment. Exhibit A-1. Exhibit B-1. and Exhibit B-2 are incorporated herein by this
reference.
1.1.1. Limited Exclusive License. The Port hereby grants the City a limited
exclusive license to use the Premises commencing November 1,2017, and ending on the
Commencement Date ("License Period"). During the License Period the City shall use the
Premises solely for the purpose of storing twenty-four (24) tiny homes (defined below) and other
equipment. No occupation of the tiny homes is permitted during the License Period.
2.

Section 2.1 of the Lease is deleted in its entirety and replaced with the following:

2.1.
Lease Term. This Lease shall be for a term of one (1) year, beginning the day
after the City installs the fence on the Premises pursuant to Section 2.1.1 below
("Commencement Date").
2.1.1. Prior to the Commencement Date, the City shall move the fence located
north of the northern boundary of the Premises to the northern Premises boundary. The Port shall

inspect the Premises prior to the Commencement Date to establish the placement of the fence
and shall thereafter notify the City in writing of the Lease Commencement Date.
2.1.2. The City shall have the right to terminate the Lease ("Termination Option")
at any time upon providing not less than fourteen (14) days prior written notice to the Port.
3.

Section 4.1 of the Lease is deleted in its entirety and replaced with the following:

4.1.
Use of Premises. The City shall use the Premises for the operation of Tent City 5,
including the placement of twenty-four (24) tiny structure houses ("tiny homes") and additional
tents to provide residential housing to not to exceed sixty (60) residents and their pets, where
applicable.
4.1.1. Use of Common Area. The City shall use the Common Area depicted on
Exhibit B-2 solely as a load/unload area for delivery of donations and trash pick-up during the
term of this Lease. The City shall place a total of three (3) 4-yard trash dumpsters, and one (1)
used propane tank storage platform in the Common Area to serve the Premises. No other
activities or uses are permitted on the Common Area.
4.

Section 4.2 of the Lease is deleted in its entirety and replaced with the following:
4.2.

Standards Regarding Use.

4.2.1. The City shall occupy and use the Premises only for the purposes set forth in
Section 4.1 during the term of this Lease.
4.2.2. The City shall not use or occupy or permit the Premises or any part thereofto be
used or occupied, in whole or in part, in a manner which would in any way: (i) violate any
present or future Legal Requirements, (ii) violate any of the covenants, agreements, provisions
and conditions of this Lease, or (iii) constitute a public or private nuisance. For purposes of this
Lease, the term "Legal Requirements" shall mean and refer to all laws, statutes and ordinances
including building codes and zoning regulations and ordinances and the orders, rules,
regulations and requirements of all federal, state, county, city or other local jurisdiction
departments, agencies, bureaus, offices and other subdivisions thereof, or any official thereof, or
of any other governmental, public or quasi-public authority, which may be applicable to or have
jurisdiction over the Premises, or the sidewalks or streets adjacent thereto and all requirements,
obligations and conditions of all instruments of record at any time during the term of this Lease.
4.2.3. Parking of vehicles is not permitted on the Premises.
4.2.4. Portable toilets are permitted on the Premises. The City may build shower
facilities as needed on the Premises.

2 -

4.2.5. The Premises shall be cleared of weeds and a layer of gravel spread across the
Premises prior to residential occupancy of the tiny homes and tents. No digging, grading or
modification into the soil on the Premises is permitted.
4.2.6. Removal of the fence on the Premises is not permitted.
4.2.7. The City shall install an emergency access/egress gate ("Emergency Gate")
controlled by a panic bar, on the fence located on the south side of the Premises exiting below
the Magnolia Bridge. Tlie City, its employees, agents, contractors, subcontractors, licensees and
invitees shall not use the Emergency Gate except in the event of an emergency. Provided it can
remain securely locked, the Emergency Gate can remain on the Premises at the expiration or
sooner termination of the Lease.
4.2.8. No later than ten (10) days after expiration or sooner termination of the Lease,
the City shall remove the two (2) Seattle City Light ("SCL") poles installed on the Common
Area and on the Premises (one on each), as depicted on Exhibits B-1 and B-2 to improve
electrical services during the term of this Lease. Notwithstanding the foregoing, the City may
obtain the Port's prior consent to leave the SCL poles on the Premises and/or the Common Area
at the end of the Lease term.
5.
Except as provided in this First Amendment, all provisions of the Lease shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the day
and year first above written.
PORT OF SEATTLE
a Washington municipal corporation

CITY OF SEATTLE
a Washington municipal corporation

^ Jeffrey Utterback
Director Real Estate

Name
Its

3 •

5£

ACKNOWLEDGMENT OF PORT

STATE OF WASHINGTON
COUNTY OF KING

)
: ss.
)

I certify that I know or have satisfactory evidence thatPAfiO
is the
person who appeared before me. and said person acknowledged that (Efe/she) signed this
instrument, on oath stated thaC^K/she) was authorized to execute the instrument and
acknowledged it as theiy^p^Ai^^yi/.^
of the PORT OF SEATTLE, a municipal
corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
SUBSCRIBED AND SWORN to before me this

Nfrti-,2o :Q7

5^^\

/m i<^

i

NOTARY PUBLIC in and for the State
of Washington, residing at
My Commission Expires:
-7-0*2^
Print Name: Vk >

X

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day of

i.

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4 -

ACKNOWLEDGMENT OF CITY

STATE OF WASHINGTON
COUNTY OF KING

)
: ss.

I certify that I know or have satisfactory evidence that
_____ is the
person who appeared before me, and said person acknowledged that^e/she) signed this
instrument, on oath stated that^/she) was authorized to execute the instrument and
acknowledged it as the 0\'e£c.-mg-of FA&______ of the CITY OF SEATTLE, a municipal
corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
SUBSCRIBED AND SWORN to before me this
.20^

0%
pu b O^

day of

NOTARY PUBLIC in and for the State
of Washington, residing at
My Commission Expires: ^
Print Name: WlLI-irtiw

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