EXHIBIT 10.9
AGREEMENT
This Agreement (the "Agreement") is entered into as of the _____ day of
January, 1998, between Briazz, Inc., a Washington corporation ("Briazz") and
Stusser Realty Group Limited Partnership, a Washington limited partnership
("SRG").
BACKGROUND
SRG owns certain real property located in King County, Washington, legally
described in Exhibit A attached hereto (the "SRG Property"). SRG entered into
an Agreement with Andover Investment Company ("Andover") dated April 25, 1996
(the "SRG-Andover Agreement"), whereby, SRG agreed to allow Andover to occupy
the south 1/2 of vacated South Bradford Street, which is a portion of the SRG
Property, so long as Andover held a leasehold interest in the adjacent property
to the north, which property is legally described in Exhibit B (the "Spear
Property"), and so long as Andover complied with the other terms and conditions
of the SRG-Andover Agreement.
Briazz is currently the tenant occupying the Spear Property and the south
1/2 of vacated Xxxxx Xxxxxxxx Xxxxxx pursuant to a sublease with Stusser
Electric Company (the "Sublease"). Briazz and SRG want to assure that Briazz's
occupancy and rights under the Sublease are not disturbed upon any possible
termination of Andover's leasehold interest in the Spear Property.
THE PARTIES THEREFORE AGREE AS FOLLOWS:
1. SRG consents to the terms of the Sublease and agrees that Briazz may
occupy the south 1/2 of vacated Bradford Street, in accordance with the terms of
the Sublease, without disturbance by or compensation to SRG, so long as Briazz,
its successors, assigns, or subtenants holds a leasehold interest in the Spear
Property.
2. SRG Acknowledges that a portion of the improvements erected by Andover
on the south 1/2 of vacated Xxxxx Xxxxxxxx Xxxxxx may lie slightly to the south
of the south line of vacated Xxxxx Xxxxxxxx Xxxxxx. SRG hereby agrees that such
encroachment may remain, and waives any claim against Briazz, its successors,
assigns and subtenants relating to such fact.
3. This Agreement is to be governed by and construed in accordance with
the laws of the State of Washington.
4. This Agreement may be executed in counterparts, each of which shall be
fully effective as an original and which together shall constitute one and the
same instrument.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as
of the day and year first above written.
BRIAZZ, INC.
By:/s/ XXXXX X. MEDERME
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Its:President
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STUSSER REALTY GROUP LIMITED PARTNERSHIP
By:/s/ XXXXXXX X. XXXXXXX
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Its:General Partner
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this 7 day of January, 1998, before me personally appeared Xxxxxxx X.
Xxxxxxx, to me known to be the General Partner of the Partnership that executed
the within and foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said Partnership, for the uses and purposes
therein mentioned, and on oath stated that 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.
/s/ XXXXXXX X. XXXX
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(Signature)
/s/ XXXXXXX X. XXXX
---------------------------------------
(Name legibly printed or stamped)
(Seal or stamp) Notary Public in and for the State of
Washington, residing at Bellevue.
My appointment expires 0-00-00
XXXXX XX XXXXXXXXXX )
) ss.
COUNTY OF KING )
On this 27th day of February, 1998, before me personally appeared XXXXX X.
XxXXXXXX, to me known to be the President of the 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 he was authorized to execute said
instrument and that the seal affixed is the corporate seal of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal
the day and year first above written.
/s/ XXXXXXX XXXXX
---------------------------------
(Signature)
Xxxxxxx Xxxxx
---------------------------------
(Name legibly printed or stamped)
(Seal or stamp) Notary Public in and for the State of
Washington, residing at Seattle .
My appointment expires 4-15-2001
EXHIBIT A
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LEGAL DESCRIPTION OF SRG PROPERTY
Lots 1 through 12, inclusive, Block 8, South Seattle, according to the plat
thereof recorded in Volume 1 of plats, Page 35, records of King County,
Washington;
Together with alley vacated by Ordinance No. 89700 as would attach to said
property by operation of law
Together with the south 1/2 of vacated South Bradford Street
Situate in the County of King, State of Washington
EXHIBIT B
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LEGAL DESCRIPTION OF SPEAR PROPERTY
Xxxx 0, 0, 0, 00, 00 xxx 00, Xxxxx 7, South Seattle, according to the plat
thereof recorded in Volume 1 of Plats, Page 35, records of King County,
Washington;
Except that portion of said Lot 10 lying within the plat of Seattle Tide Lands;
Together with that portion of alley vacated by Ordinance No 7258 adjoining said
lots; and
Together with that portion of Xxxxx Xxxxxxxx Xxxxxx vacated under City of
Seattle Ordinance No. 109425 as would attach by operation of law;
Also Xxx 00, Xxxxx 000, Xxxxxxx Xxxx Xxxxx, in King County, Washington
Situate in County of King, State of Washington
