
3
First Amendment
POS Agreement #003786
Washington Maritime Blue
11/6/2026
In addition to Base Rent, Lessee shall pay to the Port as additional Rent, leasehold excise
tax ("LET") on all "Taxable Rent" as determined and required under R.C.W. 82.29A and
the Department of Revenue's implementing regulations, and any subsequent amendments
thereto. Notwithstanding any provision of this Lease to the contrary, following an
assignment or other transfer by the Port of its interest in the Premises (including an
assignment of its interest under this Lease), leasehold excise tax shall not be payable on
Taxable Rent if the assignee is not the State of Washington, a county, city, port district,
municipal corporation, public development authority, or other entity which is exempt from
payment of ad valorem property taxes under Article 7, Section 1 of the Washington State
Constitution or other Legal Requirements (as defined below), or is not required to collect
leasehold excise tax under RCW Chapter 82.29A, as amended from time to time, in which
case, Lessee shall be responsible for payment of all real and personal property taxes
assessed against the Premises as provided in Section 9 of this Lease.
Base Rent for the initial month of the Term shall be paid to the Port in advance on or before
the Rent Commencement Date and, thereafter, on or before the first day of each and every
calendar month during the Term, at such place as the Port may designate, without any prior
demand, and without any abatement, deduction or setoff whatsoever. If the Term
commences on any day other than the first day of a calendar month, Base Rent for any
fractional month shall be escalated or prorated based upon the actual number of days in
such fractional month."
4. Amendment to Section 7.1 (Limitation on Alterations). Section 7.1 of the Original
Lease is hereby deleted in its entirety and replaced with the following:
"7.1. Limitation on Alterations. Other than the Tenant Improvements, Lessee shall make
no changes, alterations, additions, substitutions or improvements (collectively referred to as
"Alterations") to the Premises, unless Lessee shall first deliver to the Port plans and
specifications for, and obtain the Port's prior written approval of, such Alterations. The Port
shall not unreasonably withhold, condition, or delay its approval of any Alterations. All
such Alterations shall be done at Lessee's sole cost and expense and at such times and
subject to such reasonable conditions as the Port may from time to time designate. The Port
shall contribute a "Tenant Improvement Allowance" toward a portion of the Lessee's costs
and expenses associated with Lessee's design and construction of the Tenant Improvements
(defined in Exhibit D). The Tenant Improvement Allowance shall consist of (a) an amount
not to exceed $63.00 per square foot equal to NINE HUNDRED EIGHTY-NINE
THOUSAND ONE HUNDRED AND NO/100 DOLLARS ($989,100.00) for standard
Tenant Improvements, plus (b) an additional reimbursement amount not to exceed THREE
HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00), which $300,000
shall be used solely for the solar panel installation and any associated ancillary work
associated with the solar panel installation to meet the Living Building requirements. The
Tenant Improvement Allowance shall be reimbursable progressively subject to the
terms and conditions provided herein, provided that the total reimbursements do not
exceed the total set forth above. The Port shall process and pay each progressive
reimbursement allocation within forty-five (45) days after Lessee has submitted a