HomeMy WebLinkAboutAmendment 1AMENDMENT 1 TO THE LEASE BETWEEN THE PACIFIC NORTHEWEST
MARINE COMPANY dba FREEDOM BOAT CLUB ("Lessee") AND THE CITY OF
BREMERTON ("Lessor")
WHEREAS, the City and Lessee (or its predecessor -in -interest) entered into that certain
Facilities Lease Agreement dated January 17th, 2018 (as the same may have been amended from
time to time, collectively, the "Lease"); and
WHEREAS, the City and Lessee desire to amend the Lease to exercise the right to renew the
term thereof and to otherwise modify the Lease as expressly provided herein.
NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants set
forth herein and other good and valuable consideration, the receipt, adequacy, and sufficiency of
which are hereby acknowledged, the Parties hereby agree as follows:
1) Section 2. TERM. Shall be amended with the addition of the following:
Lessee shall exercise the right to renew with an extension to the lease term. The renewal
lease term shall commence on January 1, 2021 (the new "Commencement Date") and shall end
on December 31, 2023 (the new "Termination Date"). Lessee and Lessor shall each respectively
have the right to terminate this Lease at any time after one (1) year from new Lease
Commencement Date upon sixty (60) days written notice. Lessee shall be extended an additional
renewal term and have the right to renew the Lease for a second renewal term of three (3) years
with written notice of intent to renew ninety (90) days prior to the termination date and dependent
on the written acceptance and approval of the City.
2) Section 3. CONSIDERATION. Shall be removed and replaced with the following:
(a) Rent. Lessee agrees to pay Lessor as Rent, without notice or demand, the
sum of eight hundred fifty-three and 57/100 dollars ($853.57) per month ("Rent"), in advance,
on or before the first day of the first full calendar month of the term hereof and a like sum on or
before the first day of each and every successive calendar month thereafter during the term hereof.
Effective January 1, 2021, January 1, 2022 and January 1, 2023, the Lease will be increased based
upon 100% of the Seattle/Tacoma/Bremerton CPI-W, but in no event shall the Rent be less than
eight hundred fifty-three dollars and 57/100 dollars ($853.57) per month. In addition, Lessee is
responsible for paying leasehold excise tax as set forth in Subsection (b) below.
3) Section 4. USE OF PREMISES. Shall be removed and replaced with the
following:
Lessee's use and occupancy of the Premises shall be for general office purposes, as well as
use of the Premises needed to conduct the Lessee's corporate activities. No other use shall be
allowed without the express written consent of the Lessor.
Lessee shall not use said Premises or any part thereof for any illegal purpose.
Lessee at its sole cost agrees to conform to municipal, county, and state codes, statutes, ordinances,
Pacific Northwest Marine Co. dba Freedom Boat Club Page I of 4
Lease Agreement
and regulations concerning the use, occupation and maintenance of said Premises, and concerning
the operation of its business. Lessee shall not introduce or allow any hazardous waste in or upon
the Premises.
At the expiration of the Lease, Lessee shall:
(a) Remove all trade fixtures and personal property from the Premises;
(b) Remove all fixtures, additions, alterations, modifications or other
improvements installed in or made to the Premises by or at the request of Lessee, and restore the
Premises as they existed immediately prior to the making of the improvements; provided that
Lessee shall not be required to remove any improvements if Lessor, in its sole discretion, agrees
in writing; and
(c) Surrender the Premises to Lessor in as good condition and state of
repair as Lessee is required to keep and maintain them pursuant to the Lease, reasonable wear and
tear accepted. If Lessee fails to remove any improvements or restore the Premises pursuant to (b)
of this Paragraph 4, Lessor may provide written notice to Lessee, and after fifteen (15) days Lessor
may, at Lessee's sole risk and expense, perform such removal or restoration (by contract or
otherwise) by the most expeditious means available to Lessor. Lessee shall reimburse Lessor for
cost and expenses incurred by Lessor to accomplish such removal and restoration. Further, if
Lessee fails to remove all personal property from the Premises upon the expiration of the term,
Lessor may remove and store such property in any place selected by Lessor at the sole risk and
expense of the Lessee.
Lessee shall not park on the boardwalk without prior documented City
authorization but will make arrangement for all patrons and employees to utilize local parking
options.
This document will become a supplement of the Agreement and all provisions will apply
hereto. All other terms of the Agreement not specifically amended herein shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first
above written.
LESSOR
CITY OF BREMERTON
By: Gr eeler
Its: Mayor
Approved as to Form:
o,�3AV6
Roger Lubovich, City Attorney
Pacific Northwest Marine Co. dba Freedom Boat Club
Lease Agreement
LESSEE
PACIFIC NORTHWEST MARINE CO.
BY:.s.�.�.�
Its: 2rosidesit
Attest: p n
V `
Ang a oover, City Clerk
Page 2 of 4
[NOTARY SIGNATURES ON NEXT PAGE]
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Lease Agreement
STATE OF WASHINGTON )
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Greg Wheeler 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 Mayor of
the City of Bremerton to be the free and voluntary act of such City for the uses and purposes
mentioned in the instrument.
DATED: � - . -,;-o-r-�-d
ANGELA E HOOVER
NOTARY PUBLIC #130025
STATE OF WASHINGTON
COMMISSION EXPIRES
SEPTEMBER 8, 2023
STATE OF WASHINGTON )
COUNTY OF KITSAP )
POT0PUBLIC in rnd for the State of
Washington, residing at(� ,
My commission expires 142/
I certify that I know or have satisfactory evidence that Y\ C� ap,*d E,,� is the
person who appeared before me, and said person acknowledged that i she signed this instrument,
on oath st ted thathe was authorized to execute the instrument, and acknowledged it as the
of the jj&L�to be the free and voluntary act of such corporation
for the uses and p6moses mentioned in the instrument.
DATED: �6;�`,y,��
�� GAlkV ►ti
�AR� N '* , NOTARY P BLIC in and for the State of
p� ?� i
Washington, residing at �n�C^r �
My commission expires ni,/
ii'/lot of ill"�WASN�e��```
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Lease Agreement