AMENDMENT NO. 2 TO
BUILD TO SUIT
WAREHOUSE AND DISTRIBUTION LEASE
THIS AMENDMENT NO. 2 TO BUILD TO SUIT WAREHOUSE AND DISTRIBUTION LEASE (this
"Amendment") is dated for reference purposes the 12th day of June, 1998, and
is by and between KENT CENTRAL, L.L.C., a Washington Limited Liability
Company ("Lessor") and EAGLE HARDWARE & GARDEN DISTRIBUTION SERVICES, INC., a
Washington corporation ("Lessee").
RECITALS
A. Lessor and Lessee are parties to that certain Built to Suit Warehouse and
Distribution Center Lease dated as of June 18, 1997, (the "Lease") as
amended by Amendment No. 1 dated February 9, 1998.
B. Due to certain requirements related to the development of the Property, a
minor adjustment has been made to the current Legal Description of the
Property.
C. Lessee has requested and Lessor has agreed to incorporate an adjacent and
contiguous property owned by Lessor as a part of the Premises described in
the Lease.
D. Due to circumstances beyond the control of either party, the completion of
construction of the Improvements is likely to be delayed.
Now, therefore, in return the mutual promises of both parties and other good
and valuable consideration the parties hereby agree that the Lease is hereby
modified and amended as follows:
1. The site square footage number referenced in Recital A is hereby changed
from 1,292,000 to 1,381,944.
2. Exhibit A attached to the Lease is hereby deleted and replaced with
Exhibit A attached to this Amendment No. 2.
3. Section 4.1: INITIAL RENT is hereby amended to increase the annual rent
referenced therein from Two Million Four Hundred Thousand Dollars
($2,400,000) to Two Million Four Hundred Sixty Six Thousand Dollars
($2,466,000). Furthermore, the monthly installments referenced therein
will be increased from Two Hundred Thousand Dollars ($200,000) to Two
Hundred Five Thousand Five Hundred Dollars ($205,500).
4. The date referenced in Section 6.2 is hereby changed from December 31,
1998 to February 15, 1999.
5. Except as expressly set forth in this Amendment, the Lease shall remain
in full force and effect and its terms and provisions are hereby
ratified.
In witness whereof, the parties have executed this Amendment No. 2 as of
the date first written above.
LESSOR:
KENT CENTRAL, L.L.C., a Washington Limited
Liability Company.
By: /s/ Xxxxx X. Xxxxxxxx
-----------------------------------------
Xxxxx X. Xxxxxxxx, its Manager
LESSEE:
EAGLE HARDWARE & GARDEN DISTRIBUTION
SERVICES, INC., a Washington corporation
By: /s/ Xxxxxxx X. Xxxxxx
-----------------------------------------
Its: ____________________________
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that the person
appearing before me and making this acknowledgment is the person whose true
signature appears on this document.
On this 18 day of June, 1998, before me personally appeared Xxxxxxx X.
Xxxxxx, to me known to be the President of EAGLE HARDWARE & GARDEN
DISTRIBUTION SERVICES, INC., the corporation that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for the uses and proposes therein
mentioned, and on oath stated that he/she was authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of said
corporation.
WITNESS my hand and official seal hereto affixed the day and year first
above written.
/s/ Xxxxx X. Xxxx
-----------------------------------
Notary Public in and for the State
[SEAL] of Washington, residing at Auburn
My commission expires: 2/14/02
-------------
Xxxxx X. Xxxx
-----------------------------------
[Type or Print Notary Name]
(Use This Space for Notarial
Seal Stamp)
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that the person
appearing before me and making this acknowledgment is the person whose true
signature appears on this document.
On this 18 day of June, 1998, before me personally appeared Xxxxx X.
Xxxxxxxx, to me known to be a member of KENT CENTRAL L.L.C., the limited
liability company that executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of
said limited liability company, for the uses and proposes therein mentioned,
and on oath stated that he was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first
above written.
/s/ Xxxxx X. Xxxx
-----------------------------------
Notary Public in and for the State
[SEAL] of Washington, residing at Auburn
My commission expires: 2/14/02
-------------
Xxxxx X. Xxxx
-----------------------------------
[Type or Print Notary Name]
(Use This Space for Notarial
Seal Stamp)
Exhibit A
LEGAL DESCRIPTION FOR NEW LOT "A"
THAT PORTION OF TRACT 2 OF KENT FIVE ACRE TRACTS, ACCORDING THE PLAT THEREOF
RECORDED IN VOLUME 10 OF PLATS, PAGE 19, IN KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 2;
THENCE NORTH 88 DEG. 26' 13" WEST ALONG THE SOUTH LINE OF SAID TRACT 2, A
DISTANCE OF 315.00 FEET;
THENCE NORTH 01 DEG. 14' 06" EAST PARALLEL WITH THE EAST LINE OF SAID
TRACT 2, A DISTANCE OF 288.18 FEET TO THE SOUTH LINE OF THE NORTH 50 FEET OF
SAID TRACT 2;
THENCE SOUTH 88 DEG. 25' 58" EAST ALONG SAID SOUTH LINE OF THE NORTH 50
FEET OF TRACT 2, A DISTANCE OF 315.00 FEET TO THE EAST LINE OF SAID TRACT 2;
THENCE SOUTH 01 DEG. 14' 06" WEST ALONG SAID EAST LINE, A DISTANCE OF
288.16 FEET TO THE POINT OF BEGINNING;
EXCEPT THE EAST 12 FEET THEREOF FOR 00XX XXXXXX XXXXX;
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
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LEGAL DESCRIPTION FOR NEW LOT "B"
ALL OF TRACT 5 AND THOSE PORTIONS OF TRACT 1 AND THE UNPLATTED TRACT "A,"
KENT FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 10
OF PLATS, PAGE 19, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 12, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN,
IN KING COUNTY, WASHINGTON;
THENCE WEST ALONG THE SOUTH LINE OF SAID SUBDIVISION 30 FEET TO A POINT ON
THE WEST MARGIN OF PRIMARY STATE HIGHWAY NO. 5 (84TH AVENUE SOUTH), SAID
POINT BEING THE SOUTHEAST CORNER OF SAID UNPLATTED TRACT "A" AND THE TRUE
POINT OF BEGINNING;
THENCE NORTH ALONG THE WEST LINE OF PRIMARY STATE HIGHWAY NO. 5, A DISTANCE
OF 30 FEET;
THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID TRACTS 1 AND "A," A DISTANCE
OF 320 FEET;
THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID TRACTS 1 AND "A," 291.7
FEET, MORE OR LESS, TO THE NORTH LINE OF SAID TRACT 1;
THENCE WEST 328.5 FEET, MORE OR LESS, TO THE XXXXXXXXX XXXXXX XX XXXX XXXXX 0;
THENCE SOUTH 321.7 FEET, MORE OR LESS, TO THE XXXXXXXXX XXXXXX XX XXXX XXXXX
0;
THENCE EAST ALONG THE SOUTH LINE OF SAID TRACTS 1 AND "A," 648.5 FEET, MORE
OR LESS, TO THE TRUE POINT OF BEGINNING;
EXCEPT THE EAST 12 FEET OF THE SOUTH 30 FEET OF TRACT "A," CONVEYED TO THE
CITY OF KENT FOR STREET BY DEED RECORDED UNDER RECORDING NO. 7209150092; AND
EXCEPT THAT PORTION CONVEYED TO XXX XXXX XX XXXX XXX XXXXXX BY DEED RECORDED
UNDER RECORDING NO. 7908130086;
EXCEPT THE EAST 12 FEET THEREOF FOR 00XX XXXXXX XXXXX;
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
AND
XXXXXX 0, 0 XXX 0, XXXX XXXX XXXX TRACTS, ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 10 OF PLATS, PAGE 19, IN KING COUNTY, WASHINGTON;
EXCEPT THAT PORTION OF TRACT 2 OF KENT FIVE ACRE TRACTS, ACCORDING THE PLAT
THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 19, IN KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 2;
THENCE NORTH 88 DEG. 26' 13" WEST ALONG THE SOUTH LINE OF SAID TRACT 2, A
DISTANCE OF 315.00 FEET;
THENCE NORTH 01 DEG. 14' 06" EAST PARALLEL WITH THE EAST LINE OF SAID
TRACT 2, A DISTANCE OF 288.18 FEET TO THE SOUTH LINE OF THE NORTH 50 FEET OF
SAID TRACT 2;
THENCE SOUTH 88 DEG. 25' 58" EAST ALONG SAID SOUTH LINE OF THE NORTH 50
FEET OF TRACT 2, A DISTANCE OF 315.00 FEET TO THE EAST LINE OF SAID TRACT 2;
THENCE SOUTH 01 DEG. 14' 06" WEST ALONG SAID EAST LINE, A DISTANCE OF
288.16 FEET TO THE POINT OF BEGINNING;
EXCEPT THE WEST 20 FEET OF SAID TRACT 9, CONDEMNED FOR DRAINAGE DITCH BY
DRAINAGE DISTRICT NO. 1, IN KING COUNTY SUPERIOR COURT CAUSE NO. 329121; AND
EXCEPT THE EAST 12 FEET OF TRACT 2, CONVEYED TO THE CITY OF KENT FOR STREET
BY DEED RECORDED UNDER RECORDING NO. 7209150101; AND
EXCEPT THAT PORTION CONVEYED TO XXX XXXX XX XXXX XXX XXXXXX BY DEED RECORDED
UNDER RECORDING NO. 7908130086.
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LEGAL DESCRIPTION FOR NEW LOT "B" (CONTINUED)
AND
UNPLATTED TRACT "B," AS SHOWN AND DELINEATED ON THE PLAT OF KENT FIVE ACRE
TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 10 OF PLATS, PAGE
19, IN KING COUNTY, WASHINGTON;
EXCEPT THE WEST 20 FEET THEREOF CONDEMNED FOR DRAINAGE DITCH BY DRAINAGE
DISTRICT NO. 1, IN KING COUNTY SUPERIOR COURT CAUSE NO. 329121; AND
EXCEPT THAT PORTION THEREOF LYING NORTH OF THE WESTERLY EXTENSION XX XXX
XXXXXXXXXX XX XXXXX 000XX XXXXXX; AND
EXCEPT THAT PORTION THEREOF CONVEYED TO XXX XXXX XX XXXX XXX XXXXXX BY DEED
RECORDED UNDER RECORDING NO. 7908130086.
AND
THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 12,
TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTH HALF OF THE SOUTHEAST
QUARTER;
THENCE WEST ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE SOUTHEAST QUARTER,
30 FEET TO AN INTERSECTION WITH THE WEST MARGIN OF PRIMARY STATE HIGHWAY NO.
5 (84TH AVENUE SOUTH) AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING WEST ALONG SAID NORTH LINE TO THE EASTERLY MARGIN OF THE
RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY;
THENCE SOUTHEASTERLY ALONG SAID EASTERLY MARGIN TO THE NORTHWEST CORNER OF
TRACT 8, XXXXX'X VALLEY HOME ADDITION TO KENT, ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 7 OF PLATS, PAGE 22, IN KING COUNTY, WASHINGTON;
THENCE EAST ALONG THE NORTH LINE OF SAID ADDITION TO AN INTERSECTION WITH A
LINE PARALLEL WITH AND 320 FEET WEST OF THE WEST MARGIN OF PRIMARY STATE
HIGHWAY NO. 5;
THENCE NORTH PARALLEL WITH THE WEST MARGIN OF PRIMARY STATE HIGHWAY NO. 5 TO
AN INTERSECTION WITH A LINE 30 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE
OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 12;
THENCE EAST ALONG SAID PARALLEL LINE TO THE WEST MARGIN OF PRIMARY STATE
HIGHWAY NO. 5;
THENCE NORTH ALONG SAID WEST LINE 30 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THE WESTERLY 20 FEET THEREOF CONDEMNED FOR DRAINAGE DITCH BY DRAINAGE
DISTRICT NO. 1, IN KING COUNTY SUPERIOR COURT CAUSE NO. 329121; AND
EXCEPT THE EAST 12 FEET CONVEYED TO XXX XXXX XX XXXX XXX XXXXXX BY DEED
RECORDED UNDER RECORDING NO. 7209150092;
TOGETHER WITH THAT PORTION OF SOUTH 218TH STREET ADJOINING AS VACATED BY CITY
OF KENT ORDINANCE NO. 3293 RECORDED UNDER RECORDING NOS. 9608080143 AND
9701280976 WHICH WOULD ATTACH BY OPERATION OF LAW.
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