EXHIBIT 10.20
AMENDMENT NO. 1
TO GROUND LEASE
AND
GRANT OF EASEMENT
THIS AMENDMENT NO. 1 TO GROUND LEASE AND GRANT OF EASEMENT executed
effective this 27th day of April, 1973, among XXXXXXXXX XXXXXX and XXXXXXX
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BOYSEN, husband and wife, XXX XXXXXX and XXXX XXXXXX, husband and wife
(hereinafter sometimes collectively called "Owner"), and SEA/TAC PROPERTIES, a
limited partnership, Xxxxxx Industries, a California corporation, General
Partner (hereinafter called "Tenant").
WITNESSETH:
WHEREAS, XXXXXXXXX XXXXXX and XXX XXXXXX, acting in the capacity of and
therein described as "Owner". have heretofore entered into a written Ground
Lease dated 15 May 1969 with XXXXXX INDUSTRIES, acting in the capacity of and
therein described as "Tenant" ("Ground Lease"), relating to that certain real
property more particularly described in exhibits attached thereto for the
purposes as therein set forth, as follows:
Exhibit Use of Property
Designation Described in Exhibit
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A Demised premises ("Demised Premises")
under said Ground Lease;
B Option premises to be included under said Ground Lease upon
the occurrence of a condition ("Option Premises");
C Property subject to first right of refusal to lease or
purchase ("First Right of Refusal Property");
a short form of said Ground Lease dated 17 June 1970 was recorded on June 30,
1970, as Instrument No. 6666572 in Volume 396, Pages 90 to 95, inclusive, of
Official Records of King County, Washington; all references in this Amendment to
the Ground Lease shall include the short form Ground Lease with the same force
and effect as if both were mentioned; and
WHEREAS, XXXXXX INDUSTRIES assigned its interests in and under said Ground
Lease to Tenant pursuant to the provisions of an instrument entitled "Assignment
of Lessee's Interest in Lease" dated 31 March 1972; and
WHEREAS, by a conveyance made by XXXXXXXXX XXXXXX to his wife, XXXXXXX
XXXXXX, and by a conveyance made by XXX XXXXXX to his wife, XXXX XXXXXX,
XXXXXXXXX XXXXXX and XXXXXXX XXXXXX are the owners of undivided 1/2 interest in
the Demised Premises, and XXX XXXXXX and XXXX XXXXXX are the owners of an
undivided 1/2 interest in the Demised Premises described in Exhibit A to the
Ground Lease; the real property described in Exhibits B and C attached to the
Ground Lease remains vested in XXXXXXXXX XXXXXX as to an undivided 1/2 interest
and in XXX XXXXXX as to an undivided 1/2 interest;
2
WHEREAS, Owner has acquired a fee interest in an additional parcel of
property easterly of the First Right of Refusal Property and easterly and
southerly of the Demised Premises, which said additional parcel of property is
more particularly described as EXHIBIT D attached to this Amendment and by this
reference thereto incorporated herein; and
WHEREAS, the parties hereto desire to amend the legal description for the
Demised Premises contained in Exhibit A to the Ground Lease for the purpose of
including therein a portion of the addition of the adjacent parcel of property
acquired by Owner described in EXHIBIT D attached hereto; the legal description
for the Option Premises contained in Exhibit B to the Ground Lease would not be
amended and the legal description for the First Right of Refusal Property
contained in the Ground Lease would not be amended; and
WHEREAS, Tenant has constructed a drainage ditch across certain property of
Owner with Owner's permission so to do for the purpose of draining the Demised
Premises and any property subsequently becoming a part of the Demised Premises
pursuant to the Ground Lease, and Tenant desires to acquire and Owner is willing
to grant an easement for such drainage purposes.
NOW, THEREFORE, Owner and Tenant do hereby amend the Ground Lease as
follows:
3
1. The legal description contained in Exhibit A to the Ground Lease
constituting the Demised Premises is hereby amended in its entirety by the
substitution therefor of the legal description contained in EXHIBIT A attached
to this Amendment and by this reference thereto incorporated herein.
2. Owner hereby grants to Tenant and Tenant's successors and assigns an
easement and right of way over, along, across and under that certain strip of
land more particularly described in EXHIBIT E attached hereto and by this
reference thereto incorporated herein for the primary purpose of installation,
emplacement, repair, maintenance and operation of a drainage ditch or structure
or pipe to drain surface or other waters from the Demised Premises and any
property subsequently becoming a part of the Demised Premises pursuant to the
Ground Lease. Tenant shall be solely responsible for the cost and expense of
installation, emplacement, repair, maintenance and operation of such drainage
ditch or structure. This easement in favor of Tenant is subject to the existing
reserved easement contained in the Quitclaim Deed executed by
Bow Lake, Inc. in favor of Owner recorded December 28, 1972 under Receiving
No. 0221, Office of Records and Elections of King County, Washington.
3. Owner reserves the right on behalf of Owner and Owner's heirs, personal
representatives, successors and assigns to relocate said drainage easement to
some other location upon the property of Owner described in Exhibit C to the
Ground Lease provided that (i) all costs and expenses relative to the
relocation and maintenance of the drainage ditch and any other drainage
structures as so relocated shall be borne by the party causing the relocation;
and (ii) the functionability and usability of the easement so to be relocated
shall be at least equal to that which existed prior to the relocation.
4
4. Owner and Tenant acknowledge that Tenant did not exercise its option to
terminate the Ground Lease pursuant to paragraph 11 thereof and said paragraph
11 is hereby cancelled and terminated as if it had never existed.
5. An executed and acknowledged counterpart of this Amendment shall be
recorded in King county, Washington.
6. Except as herein modified, all other terms and provisions of said
Ground Lease and short form of Ground Lease shall remain in full force and
effect throughout the remaining term or any extensions of renewals thereof.
Both parties hereto acknowledge that the Ground Lease is in full force and
effect and as of the date of this instrument no default exists thereunder.
IN WITNESS WHEREOF, Owner and Tenant have entered into this Amendment as of
the date first above written.
/s/ Xxx Xxxxxx /s/ Xxxxxxxxx Xxxxxx
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XXX XXXXXX XXXXXXXXX XXXXXX
/s/ Xxxx Xxxxxx /s/ Xxxxxxx Xxxxxx
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XXXX XXXXXX XXXXXXX XXXXXX
"Owner"
SEA/TAC PROPERTIES
a Limited Partnership
BY XXXXXX INDUSTRIES,
a California Corporation,
General Partner
By [Signature]
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By /s/ Xxxxxxxx XxXxxxxx
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"Tenant"
5
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On April 27th, 1973, before me, the undersigned, a Notary Public in and
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for said county and state, personally appeared XXXXXXXXX XXXXXX and XXXXXXX
XXXXXX, known to me to be the persons whose names are subscribed to the within
instrument, and acknowledged that they executed the same.
WITNESS my hand and official seal.
[Signature]
-----------------------------------
Notary Public in and for said
County and State
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On April 27th, 1973, before me, the undersigned, a Notary Public in and for
said county and state, personally appeared XXX XXXXXX and XXXX XXXXXX, known to
me to be the persons whose names are subscribed to the within instrument, and
acknowledged that they executed the same.
WITNESS my hand and official seal.
[Signature]
-----------------------------------
Notary Public in and for said
County and State
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On April 13, 1973, before me, the undersigned, a Notary Public in and for
--------
said county and state, personally appeared Xxxx X. Xxxxxx, known to me to be the
President, and Xxxxxxxx XxXxxxxx, known to me to be the Secretary of Xxxxxx
Industry, the corporation that executed the within instrument, and known to me
to be the persons who executed the within instrument on behalf of said
corporation said corporation being known to me to be the General Partner of
SEA/TAC PROPERTIES, the Limited Partnership that executed the within instrument,
and acknowledged to me that such corporation executed the same as such partner
and that such partnership executed the same.
WITNESS my hand and official seal.
[Signature]
-----------------------------------
Notary Public in and for said
County and State
6
DEMISED PREMISES
PARCEL A
That portion of the Northeast Quarter of the Northeast Quarter of Section 33
Township 23 North, Range 4 East, X.X., in King County, Washington, described as
beginning at the intersection of the East line of Pacific Highway and the
Northerly line of the South 200 feet of said subdivision, as measured along the
East line of said Highway; thence East along said North line a distance of 200
feet to the true point of beginning; thence continuing East along said North
line to the West line of the East 300 feet of said subdivision; thence North
along said West line to an intersection with a line produced Easterly from a
point on the East line of said Pacific Highway and perpendicular thereto; said
point being 836 feet South, as measured along the East line of said Highway from
the intersection of the East right-of-way of Pacific Highway and the South
right-of-way of Xxxxx 000xx Xxxxxx; thence West along said perpendicular line to
a point 200 feet East, as measured along said line from the East line of Pacific
Highway; thence Southerly, parallel with the East line of Pacific Highway, to
the true point of beginning.
PARCEL B
The Southerly 200 feet, as measured along the Easterly line of Pacific Highway,
of that portion of the Northeast Quarter of the Northeast Quarter of Section 00
Xxxxxxxx 00 Xxxxx, Xxxxx 0 Xxxx, X.X. in Xxxx County, Washington, lying Easterly
of Pacific Highway, except the East 300 feet thereof.
Exhibit A
Page 1
PARCEL C
That portion of the Southeast Quarter of the Northeast Quarter of Section 33
Township 23 North, Range 4 East, X.X., in Xxxx County, Washington, described as
follows:
Beginning at the Northeast corner of said subdivision; thence North 88 degrees,
31 minutes, 34 seconds West along the North line of said subdivision 20 feet to
the West line of 32nd Avenue South; thence South 3 degrees, 04 minutes, 28
seconds West along said West line 8.50 feet; thence North 88 degrees, 31
minutes, 34 seconds West 249.20 feet to the true point of beginning of this
description; thence due South 241.50 feet, more or less to the South line of the
North 250 feet of said subdivision, said 250 feet to be measured along a line
parallel with the East line of the Pacific Highway; thence North 88 degrees, 31
minutes, 34 seconds West 650 feet, more or less to the East line of said Pacific
Highway; thence Northerly along said East line 250 feet to the North line of
said subdivision; thence South 88 degrees, 31 minutes, 34 seconds East 660 feet,
more or less to a point due North from the true point of beginning; thence due
South to true point of beginning.
PARCEL D
That portion of the East one-half of the Northeast Quarter of Section 33
Township 23 North, Range 4 East, X.X., in King County, Washington, described as
follows:
Beginning at the intersection of the East line of the Pacific Highway, having a
right angle width of 150 feet, with the South line of South 176th Street, having
a right angle width of 60 feet; thence Southerly along said East line 636 feet;
thence Easterly at right angles to Pacific Highway 100 feet; thence Northerly at
right angles to said South 176th Street 180 feet; thence Easterly parallel with
said South 000xx Xxxxxx to the
Exhibit A
Page 2
West line of the East 300 feet of said East one-half and the true point of
beginning of this description; thence continuing Easterly along said parallel
line 280 feet, more or less to the West line of the East 20 feet of said East
one-half; thence South 3 degrees, 04 minutes, 28 seconds West along said West
line, 810 feet, more or less to the South line of the Northeast Quarter of the
Northeast Quarter of said Section 33; thence South 3 degrees, 04 minutes, 28
seconds West 8.50 feet; thence North 88 degrees, 31 minutes, 34 seconds West
parallel with the South line of the Northeast Quarter of the Northeast Quarter
of said Section 33 a distance of 249.20 feet; thence due North 8.50 feet to the
South line of the Northeast Quarter of the Northeast Quarter of said Section 33;
thence North 88 degrees, 31 minutes, 34 seconds West 30 feet more or less to the
West line of the East 300 feet of said East one-half; thence North 3 degrees, 04
minutes, 28 seconds East 810 feet, more or less to the true point of beginning.
Exhibit A
Page 3
THERE IS NO EXHIBIT B TO THIS
INSTRUMENT
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THERE IS NO EXHIBIT C TO THIS
INSTRUMENT
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LEGAL DESCRIPTION
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ADDITIONAL PARCEL
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ACQUIRED BY BOYSENS
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That portion of the Southeast quarter of the Northeast quarter of Section 33
Township 23 North, Range 4 East, X.X., in Xxxx County, Washington, described as
follows:
Beginning at the Northeast corner thereof; thence North 88 degrees, 31 minutes,
34 seconds West 20 feet to the West margin of 32nd Avenue South and the true
point of beginning of this description; thence South 3 degrees, 04 minutes, 28
seconds West along said West margin 8.50 feet; thence North 88 degrees, 31
minutes, 34 seconds West 249.20 feet; thence due South 466 feet, more or less,
to a point 15 feet South of the North shore line of Bow Lake; thence Westerly
parallel with the North line of said Southeast quarter of the Northeast quarter
to the West line of the East 300 feet thereof; thence North 3 degrees, 04
minutes, 28 seconds East along said West line to the North line of said
subdivision; thence South 88 degrees, 31 minutes, 34 seconds East 280.12 feet,
more of less, to the true point of beginning.
EXHIBIT D
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LEGAL DESCRIPTION
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EASEMENT PARCEL
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The Easterly 43.86 feet of the following described property lying Southerly of
the Southerly line of the Northerly 250.00 feet of the Southeast quarter of the
Northeast quarter of Section 33, Township 23 North, Range 4 East, X.X., in Xxxx
County, Washington.
Beginning at the Northeast corner thereof; thence North 88 degrees, 31 minutes,
34 seconds West 20 feet to the West margin of 32nd Avenue South and the true
point of beginning of this description; thence South 3 degrees, 04 minutes, 28
seconds West along said West margin 8.50 feet; thence North 88 degrees, 31
minutes, 34 seconds West 249.20 feet; thence due South 466 feet, more or less,
to a point 15 feet south of the North shoreline of Bow Lake; thence Westerly
parallel with the North line of said Southeast quarter of the Northeast quarter
to the West line of the East 300 feet thereof; thence North 3 degrees, 04
minutes, 28 seconds East along said West line to the North line of said
subdivision; thence South 88 degrees, 31 minutes, 34 seconds East 280.12 feet,
more or less, to the true point of beginning.
EXHIBIT E
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