SECOND AMENDMENT TO LEASE
This SECOND AMENDMENT TO LEASE (this "Second Amendment") is entered into
as of February 1, 1997 by and among WEST VALLEY 29 PARTNERS, a Washington
general partnership ("Landlord"), EAGLE HARDWARE & GARDEN, INC., a Washington
corporation ("Eagle"), and EAGLE HARDWARE & GARDEN DISTRIBUTION SERVICES,
INC., a wholly owned subsidiary of Eagle ("Distribution").
RECITALS
A. West Valley and Eagle are parties to a lease dated February 28,
1993 covering premises located at 0000 Xxxx Xxxxxx Xxxxxxx, Xxxx. "X",
Xxxxxx, Xxxxxxxxxx 00000, as amended on September 15, 1993 (collectively the
"Lease").
B. The parties hereto desire to amend the Lease for the purpose of
including Distribution as a tenant and for the purpose of confirming the
continuing effect of the Lease.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby
acknowledged, the parties agree as follows:
1. The term "Tenant" shall refer to both Eagle and Distribution, each
of which will be jointly and severally liable for all of the Tenant's
obligations set forth in the Lease.
2. Except as required to effectuate or implement this Second
Amendment, all other terms of the Lease shall remain in full force and effect.
Executed as of the date first above written.
EAGLE HARDWARE & GARDEN, INC.
By /s/ Xxxxxxx X. Xxxxxx
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Its President
------------------------------------
EAGLE HARDWARE & GARDEN
DISTRIBUTION SERVICES, INC.
By /s/ Xxxxxxx X. Xxxxxx
--------------------------------------
Its President
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WEST VALLEY 29 PARTNERS, a
Washington general partnership
By J & J PARTNERS, a Washington
general partnership,
Its Managing General Partner
By /s/ Xxxx X. Xxxxxxx
---------------------------------
Xxxx X. Xxxxxxx
Managing General Partner
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Xxxxxxx X.
Xxxxxx is the person who appeared before me, and said person acknowledged
that he/she signed this instrument, on oath stated that he/she was authorized
to execute the instrument and acknowledged it as the President of EAGLE
HARDWARE & GARDEN, INC., to be free and voluntary act of such parties for the
uses and purposes mentioned in this instrument.
DATED: Xxxxx 0, 0000 /x/ Xxxxx X. Xxxx
-------------------- ----------------------------------------
[Notary Signature]
Xxxxx X. Xxxx
----------------------------------------
[Type or Print Name of Notary]
NOTARY PUBLIC for the State of
Washington, residing
at Auburn
-------------------------------------
My appointment expires: 2-14-98
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Xxxxxxx X.
Xxxxxx is the person who appeared before me, and said person acknowledged
that he/she signed this instrument, on oath stated that he/she was authorized
to execute the instrument and acknowledged it as the President of EAGLE
HARDWARE & GARDEN DISTRIBUTION SERVICES, INC., to be the free and voluntary
act of such parties for the uses and purposes mentioned in this instrument.
DATED: Xxxxx 0, 0000 /x/ Xxxxx X. Xxxx
------------------ ----------------------------------------
[Notary Signature]
Xxxxx X. Xxxx
----------------------------------------
[Type or Print Name of Notary]
NOTARY PUBLIC for the State of
Washington, residing
at Auburn
--------------------------------------
My appointment expires: 2-14-98
-----------------
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Xxxx X. Xxxxxxx,
the Managing General Partner of J & J PARTNERS, the Managing General Partner
of WEST VALLEY 29 PARTNERS, a Washington general partnership, is the person
who appeared before me, and said person acknowledged that he signed this
instrument on behalf of the partnership, acknowledged it to be free and
voluntary act of the partnership for the uses and purposes mentioned in this
instrument, and on oath stated that he was authorized to execute this
instrument.
DATED: February 11, 1997 /s/ Xxxxxx X. Xxxxxx
---------------------- ----------------------------------------
[Notary Signature]
Xxxxxx X. Xxxxxx
----------------------------------------
[Type or Print Name of Notary]
NOTARY PUBLIC for the State of
[SEAL] Washington, residing
at Seattle
--------------------------------------
My appointment expires: 5-24-98
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