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HomeMy WebLinkAboutPD11-160 - Original - PWRP Kent LLC - Panther Lake Police Substation - 03/18/2011 r SHOPPING CENTER LICENSE AGREEMENT Panther Lake Kimco Site No SWAK1494A Charge Code:43751SPECRETISPL This License Agreement (the"License Agreement") dated as of March 18, 2011 is made between PK I PANTHER LAKE, LLC (herein called Licensor), whose address is c/o Kimco Realty Corporation, 3333 New Hyde Park Road, Suite 100, New Hyde Park, NY 11042, and KENT POLICE DEPARTMENT (herein called Licensee), whose address is 220 Fourth Avenue South, Kent WA 98032 Licensee hereby leases from Licensor the store premises (the "Licensed Premises")in the Shopping Center known as Panther Lake,situated in the City of Kent,State of Washington depicted as space A2 on the attached Exhibit "A" ar nd ccontain44ngg approximately 1,400 square feet of floor area,upon the following terms and condd ors 4r.cl d(S(p I bed or% kh e. ,44c(,hed &x ,;b4 'A 1 (A)Term and Rent Licensor demises the Licensed Premises to Licensee for a term commencing on the date Licensor tenders the Premises to the Licensee (the "Commencement Date") and terminating on thA is-t day of the calendar month in which occurs the third anniversary of the day immediately preceding the Commencement Date, (the "Termination Date") (the "License Term")(or terminating sooner as provided herein) The annual rental rate ("Base Rent")shall be zero Dollars($0 00), payable in equal monthly installments in the amount of zero, in advance on the first day of each month during the term of this License Agreement Notwithstanding the fEiFegG1Rg, L'SeR6ee Shall pay the r 6t FFIGRth's installment of Base PeRt On the ;i)ieG-A;Gn hereof, which arnount shall be appiled as a credit against the first MoRthly installment of Base ReRt as and when due (and pFGFnpt!5,refunded if-,fGF any reasor; nther thaR Licensee's of it this Agreement should be terminated by "____.. Of Ron _ _.._.,__ Af the,_ Gamn,e17.�.,,„nni Ihin\TIn n.t.1 V�.. 1 .,.. .,.,.. ..V��II rl r .�Av V.n. L..., iG or Rse „� rug .,� �� fee-measured by LiGeRsee's gF& &4ee hl by I � All � &hafl V.n ,nrl..to �.o T�-^„-Payr .. .. LIGerisior at Liiiiieens '.. .._+.__ address—a'—Ct faith ... A.+_I_ 72 h_I_.. to the attention of "AnGillaFy !FlGame" ewever, LiGeRsee hereby authoi:lzes UGensor ta debit Licensee's Ban'.k, -ponni-Int Ar ;Pit f4arth in Exhibit"I"Attached hRrPtA DR the first Clay of each M9Rth­4n-adVaR1;P f N fr6"vS-nrc�.nT.w.." -AEG©llf}} dURRO-the iGe rS Fm to en debit gunh nnnount fGr--�i Rent then due the fall,ire nf which shall cangfiti-itp a default for trio failure-to--pay Rent c.—o,,,, It as;y-�,,/h., I­J9PnrRR shall As Exhibit"i"tagetheF with a voided nheGk fin... l.. (B) Holdover If Licensee or anyone claiming under Licensee remains in possession of the Licensed Premises after the expiration of the License Term,that person shall be a tenant at sufferance During any such holding over, Base Rent shall be two times the rate which was in effect immediately prior to the expiration of the original term of the License Agreement,which Licensor may collect without admission that Licensee's estate is more than a tenancy at sufferance All the other provisions of this License Agreement shall apply insofar as the same are applicable to a tenancy at sufferance (C)Licensor and Licensee each shall have the right to terminate this Agreement at any time upon not less than thirty (30) days written notice to the other party In the event this Agreement is terminated pursuant to this Article, the License Term shall expire on the termination date provided in the notice as if that was the date of expiration originally provided in this Agreement 2 Use. Licensee shall use and occupy the Licensed Premises only for a substation for officers and to use as a general office The Licensed Premises shall be used for no other use or purpose Licensee acknowledges that Licensor has not made any representations or warranties as to whether such use is permitted by the municipality,whether any special permits are required for such use, or whether the Licensed Premises or the Shopping Center is zoned for such use Licensee shall be prohibited from seeking a zoning variance, waiver or other change in order to use the Licensed Premises for the above use without first obtaining Licensors'express written consent 3 (A) The Common Areas Subject to the provisions of this License Agreement, Licensee and its employees, agents, and customers shall have the non-exclusive right to the use or benefit of the common areas to the extent and in the manner reasonably designated by Licensor. Licensor may relocate, increase, reduce or otherwise change the number, T U,EASEREP1Kalannllary meomeU494Went PaLce Dept\1494A Kent PDlice Deptdee 1 sg A/vlt Y dimensions, or locations of the parking areas, drives, exits, entrances, walks and other Common Areas or buildings (B) Care and Maintenance of Premises. Licensee acknowledges (t)that it has Inspected and examined the Licensed Premises and the parking lot and common areas of the Shopping Center and is familiar with the physical condition thereof, and (i)that Licensor has not made and does not make any representations as to the physical condition of either the Licensed Premises or the Shopping Center Licensee agrees to accept the Licensed Premises in Its "as is"and "where-is"condition Licensee shall maintain the Licensed Premises in good and safe condition and Licensee shall be required to make all repairs to the Licensed Premises Including, but not limited to all utilities, utility lines and apparatus, plate glass, electrical wiring, plumbing, heating, air conditioning, sprinkler heads, fixtures, equipment, Licensee's personal property and other systems and equipment at the Licensed Premises Licensee shall also keep the sidewalks adjacent to the Licensed Premises broom clean, reasonably free of Ice, snow, and rubbish and In good condition and repair The term "repair" as used herein shall be deemed to Include replacement. Notwithstanding the foregoing, Licensee shall not be required to repair the foundation, roof, exterior of the perimeter demising walls, and load bearing structural columns and beams of the Licensed Premises, unless the need for the repairs arises out of an act or omission of Licensee or Licensee's specific use of the Licensed Premises, in which case Licensee shall promptly make the repairs at Its cost, failure of which shall constitute a default and entitle Licensor to make the repairs at Licensee's cost Upon the expiration of this License Agreement, Licensee shall surrender the Licensed Premises in good condition and repair. 4 Alterations Licensee shall not make any alterations or improvements, in, to or about the Licensed Premises without first obtaining the written consent of Licensor Licensee shall pay promptly when due all charges for labor and materials in connection with any work done by or for Licensee or anyone claiming under Licensee Licensee shall remove, by payment, bonding or otherwise, within ten (10) days after notice, all liens placed on the public record or in any way against Licensor's interest or the Shopping Center resulting from any act of Licensee or from labor or materials being alleged to have been supplied at the request of Licensee or anyone claiming under Licensee,failing which Licensor may remove such lien and collect all expenses incurred from Licensee as additional Rent Licensee shall protect, defend, save harmless and indemnify Licensor and any fee owner of the Shopping Center from and against ail losses, claims, liabilities, injuries, expenses (including legal fees), lawsuits and damages arising out of any lien described above 5 Ordinances and Statutes Prior to Licensee entering the Licensed Premises, Licensee shall obtain a certificate of occupancy, business certificate and any other governmental permits if same are required for Licensee to use and occupy the Licensed Premises, and deliver a copy of same to Licensor Additionally, Licensee shall comply with all laws, rules, regulations, statutes, ordinances and requirements of all local, municipal,state and federal authorities, including, but not limited to, all environmental laws and regulations, pertaining to the Licensed Premises and Licensee's use and occupancy thereof 6 Assignment and Subletting Licensee shall not (i) assign this License Agreement or sublet any portion of the Licensed Premises, (II) allow anyone else to use or occupy the Licensed Premises or any portion thereof, or (iii) assign, transfer, pledge or sublicense this Agreement If any person other than Licensee shall pay rent for the Licensed Premises, Licensor may accept the rent as having been paid on behalf of Licensee and not be deemed to have consented to that person occupying the Licensed Premises 7. Utilities. All applications and connections for utility services on the Licensed Premises shall be made in the name of Licensee only, and Licensee shall pay all utility charges as they become due,including, but not limited to,all charges for sewer,water,gas(if available), electricity,and telephone services 8 Entry and Inspection Licensor and Licensor's agents may enter the Licensed Premises at any reasonable time to a)inspect or repair the same, b)place upon the Licensed Premises Licensor's "For Lease" signs; and c)permit persons desiring to lease the same to inspect the Licensed Premises 9. Possession If Licensor is unable to deliver possession of the Licensed Premises at the commencement hereof, Licensor shall not be liable for any damage caused thereby, however, Licensee's obligation to pay Base Rent shall not commence until possession is delivered. TV.WEREP\KManallary income1149AKent Police Dept\1494A Kent Police Dept.doc 2 sg ersrn 5 10. Indemnlrication of Licensor.Licensee shall protect,defend,save harmless and indemnify Licensor and any fee owner of the Shopping Center from and against all losses, claims,liabilities,Injuries,expenses (Including reasonable legal fees),lawsuits and damages of whatever nature either(1)claimed to have been caused by or resulted from any act, omission or negligence of Licensee or Its subtenants,concessionaires,employees,contractors and invitees no matter where occurring, or (it) occurring in the Licensed Premises except If caused by Licensor's negligence. Licensor shall not be liable under any circumstances for any injury or any loss or damage to or Interference with any merchandise, equipment, fixtures, furniture, furnishings or other personal property or the business operations of Licensee or anyone in the Licensed Premises occasioned by(I)the act or omission of persons occupying other premises, or(11) any defect, latent or otherwise, in any building or the equipment, machinery, uIllitles, or apparatus, or(tit) any breakage or leakage of the roof,walls, Poor, pipes or equipment, or (Iv) any backing up,seepage or overflow of water or sewerage;or(v)flood,rain,snowfall or other h elements or Acts of God � 11. Insurance. Licensee shall maintain: 1}�late-gfass iflsuranee and 2) puhfic �1 f liability Insurance (including bodily injury and property damage) insuring Licensee and Licensor t14 1E,(1 1f C "r with minimum coverage of$1,000,000 combined single limit with a nationally known insurance J company having a 'Best Rating" of A-Vlll or better Licensee shall provide Licensor with a Certificate of Insurance which names Licensor and Kimco Realty Corporation as additional V insureds and provides for a thirty (30) day written notice to Licensor prior to cancellation or material change of coverage. Each of Licensor and Licensee hereby releases the other to the extent of the Insurance it is required to carry under this License Agreement and, in addition,to the extent of any other Insurance It actually carries. Each Insurance policy shall include a waiver of subrogation clause. Licensee's failure to deliver the policies or certificates, within thirty(30)days after receipt of written notice from Licensor, shall constitute a default and shall entitle Licensor, at Llcensor's option, to purchase the above required insurance at then prevailing market rates, and Licensee shall pay Licensor on demand the costs thereof plus a twenty percent (20%) administrative fee. All policies of Insurance required of Licensee shall have terms of not less than one(1)year. 12 Eminent Domain. If any part of the budding housing the Licensed Premises shall be taken by eminent domain, this License Agreement shall terminate on the date when title vests pursuant to such taking. Base Rent,and any additional rent,shall be apportioned as of the termination date Licensee shall not be entitled to any part of the award for such taking or any payment in lieu thereof, but Licensee may file a claim for any taking of fixtures and Improvements owned by Licensee and for moving expenses, 13, Destruction of Premises. In the event the Licensed Premises are materially damaged during the term of this License Agreement by fire or other casualty, Licensor shall have the right to terminate the License Agreement upon thirty(30)days notice. 14. Licensor's Remedies on Default if Licensee defaults In the payment of Base Rent, or any additional rent, of if Licensee defaults In the performance of any of the other covenants or conditions hereof and the non-monetary default continues for more than fifteen (15)days after written notice from Licensor then,In either case, Licensor shall have the right to enter the Licensed Premises and dispossess Licensee and all other occupants and their property by legal prgceedings, use of reasonable force or otherwise. Licensee hereby waives any claim It might have for trespass or conversion or other damages if Licensor exercises such remedies. Notwithstanding any re-entry, dispossession or termination of the License Agreement by Licensor,Licensee will remain liable for damages to Licensor in an amount equal to the aggregate of all rents and other charges required to be paid up to the time of such re- entry, dispossession or termination, and for Licenser's damages arising out of the failure of Licensee to observe and perform Licensee's covenants. In addition, for each month of the period which would otherwise have constituted the balance of the License Term,Licensee shall pay any deficiency between the monthly Installment of Base Rent plus all additional rent that would have been payable, less the net amount of the rents actually collected by Licensor from a new tenant, if any. Licensee will not be entitled to any surplus. No failure to enforce any provision of the License Agreement shall be deemed a waiver. Furthermore, Licensee will be liable to Licensor for all the expenses Licensor incurs for: legal fees related to obtaining possession and making a new lease with another tenant; brokerage commissions In obtaining another tenant; and expenses incurred In putting the Licensed Premises in good order and preparing for re-rental. In addition, Licensor may relet the Licensed Premises, or any part thereof,for a term which may he less or more than the period which would have constituted the balance of the License Term and may grant reasonable concessions or free rent to a new tenant Licenser's refusal or failure to relet the Licensed Premises to a new tenant shall not 1 TLLEASEEEP1KHl3aad1uy inwme114941Kent Pollee Dep111494A Kent PoNee DaPtdM 3 Sg 415111 release or affect Licensee's liability,and Licensor shall not be liable for failure or refusal to relet, or for failure to collect rent under such reletting 15. Secunty Deposit. INTENTIONALLY DELETED 16. Attorneys' Fees In case suit should be brought by either party to enforce any provision of this License Agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable costs and expenses incurred by the prevailing party in the performance of this License Agreement including reasonable attorneys'fees. 17. Subordination (A) This License Agreement is and shall be subject and subordmate to (i) all ground or underlying leases and all mortgages or other security Instruments now or hereafter affecting such leases, (u) all mortgages or other security instruments now or hereafter affecting the fee title of the Shopping Center, (iii) all documents and agreements of record affecting the Shopping Center, and (liv) all renewals, modifications, consolidations, replacements, and extensions of any such ground or underlying leases, mortgages, security instruments and other documents of record This clause shall be self- operative and no further instrument of subordination shall be required by any ground or underlying lessee or by any mortgagee In confirmation of such subordination,Licensee agrees to execute promptly any instrument that Licensor may request (B) If Licensor transfers its interest In the Licensed Premises, or proceedings are brought for foreclosure of any such mortgage or in case of sale in lieu thereof, or termination of any such ground or underlying lease, Licensee shall, if requested, aftom to the transferee, mortgagee,ground or underlying lessor and deliver,without charge,instruments acknowledging the attornment 18. Relocation. Notwithstanding any other provision contained in this License Agreement, Licensor, in its absolute discretion, shall have the option at any time to require Licensee to relocate from the Licensed Premises (the "Present Premises") into another storeroom in the Shopping Center(the"New Premises"),on giving Licensee at least fifteen(15) days advance notice of the date Licensee is to move to the New Premises. Licensee shall accept the New Premises"as is" If the New Premises is of a size or in a condition that would frustrate Licensee's Use of the New Premises, Licensee shall have the right to terminate this License Agreement Licensor shall pay for moving Licensee's inventory, fixtures, equipment and storefront sign to the New Premises Licensee agrees to cooperate with Licensor, and to move its business operations to the New Premises promptly The New Premises will become the Licensed Premises (instead of the Present Premises) and all of Licensee's monetary obligations to Licensor under the License Agreement and all the other terms and provisions of this License Agreement shall be apply,without interruption,to the New Premises from and after the date Licensee is required to move. 19 Sianage Licensee may not place any sign in the windows or on the exterior of the Licensed Premises without Licensor's prior written consent If Licensee obtains this consent and also obtains Licensor's approval of Licensee's sign drawings, Licensee may install a canopy sign over the Licensed Premises, Licensee's sign drawings must include the dimensions, color, style and types of materials to be used Once approved, the sign shall be placed in the designated area in such a manner that it does not extend above (or below) the parapet or facade and does not exceed 213 of Licensee's storefront Flashing, neon or moving lights on signs are prohioitee Ali the provisions of this License Agreement shall apply to said sign, insofar as said provisions are applicable, including but not limited to Licensee's duty to repair and insure the sign, and the sign shall comply with all laws. The sign shall not be placed in such a manner that it extends above the parapet or facade and shall be in the designated area 20. Broker Licensee represents that no broker,finder, or other person entitled to compensation was involved in this License Agreement, and that no conversations or prior negotiations were had with any broker, finder or other possible claimant concerning the renting of the Licensed Premises Licensee shall defend, indemnify and hold Licensor harmless against any claims for compensation (including legal fees incurred by Licensor) arising out of any conversations or negotiations had by Licensee with anyone 21. Estoppel Certificates From time to time,within ten (10)days following written notice, Licensee shall deliver to Licensor a signed and acknowledged written statement certifying the date of this License Agreement and that this License Agreement is in full force and effect and unmodified except as stated,the monthly Base Rent payable during the License Term, the date to which the rent and other payments have been paid, whether Licensor is in T\LEASEREPHB\ancdlwy mcome11494TK t Police Dep111494A Ken[Police Deptdoc 4 sg 415111 default, or if there are any offsets, defenses, or counterclaims claimed by Licensee, and If a default, offset, defense, or counterclaim is claimed, specifying the specific nature and default, and stating any additional matters requested by Licensor or a mortgagee 22 Rules and Regulations Licensee shall observe and comply with,and cause its employees, agents, subtenants and concessionaires, and their employees and agents, to observe and comply with all reasonable rules and regulations promulgated by Licensor by notice to Licensee, and such rules and regulations shall have the same force and effect as if originally contained in this License Agreement 23 Notices Any notice which either party may or is required to give, shall be given by mailing the notice certified, return receipt requested, postage prepaid, or by sending the notice by nationally recognized overnight courier service (e g Federal Express or UPS) to Licensee or Licensor at the address shown below, or at such other place designated by the parties by written notice Notice shall be effective on the earlier of(i)the third day after it was sent,or(u)on the date received To Licensor Kimco Realty Corporation 3333 New Hyde Park Road New Hyde Park, NY 11042 Attn Regional Director of Ancillary Income Fax 516-336-2167 To Licensee. Kent Police Department 220 Fourth Avenue South Kent, WA 98032 Attn P J Lawery Fax 253-856-6800 24 Heirs, Assigns, Successors This License Agreement is binding upon and Inures to the benefit of the heirs,assigns and successors in interest to the parties. 25 Exculpation Licensee agrees it will look solely to Licensoe's estate in the Shopping Center, subject to the rights of the holder of any mortgage thereon, as the sole asset for collection of any claim,judgment or damages or enforcement of any other judicial process requiring payment of money Licensee agrees that no other assets of Licensor shall be subject to levy,execution or other procedures for satisfaction of Licensee's rights or remedies 26 Authon . If Licensee is not an individual, the person signing this document on behalf of Licensee represents (by such signature) that he or she has been duly authorized by Licensee to execute this document and that such signature creates a binding obligation of Licensee 27 Entire Agreement The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties 28 Percentage Rent INTENTIONALLY DELETED 29 Miscellaneous. l- (a) Licensee shall not do anything that will cause a public or private nuisance (b) Licensee shall at all times use, and conduct all activities on, the Licensed Premises as an independent contractor engaged in transacting its own business and not as agent of Licensor Nothing contained in this Agreement shall be construed to create the relationship of principal and agent, landlord and tenant, partnership,joint venture or any other relationship between Licensor and Licensee other than that of Licensor and Licensee for the term of this Agreement only and nothing herein shall be deemed to grant to Licensee any additional rights with respect to the Licensed Premises. (c) Licensee shall not be entitled to any condemnation award or insurance proceeds,except insurance proceeds recovered for damage to Licensee's personal property (d) Licensee covenants that it shall not record this Agreement or a memorandum thereof T\LEASEREP\B�anallary mcome11494\Kent Police Dept%1494A Kent Police Dept.doc 5 Sg (a) This Agreement contains the entire and only agreement among the parties hereto with respect to the subject matter hereof No oral statements or representations or written matter not contained in this Agreement with respect to the subject matter hereof shall have any force or effect This Agreement cannot be modified except by a writing signed by all parties to this License Agreement. (f) Wherever in this Agreement provision is made for the doing of any act by any person, it is agreed that said act shall be done by such person at its own cost and expense unless a contrary intent is expressed (g) The headings and captions contained in this Agreement are for convenience only and shall not be used to construe or interpret this Agreement (h) This Agreement shall be governed by,and construed under,the laws of the state in which the Licensed Premises are located (Q The Rent provided hereunder shall be absolutely net to Licensor, and Licensee shall be responsible for any rent or occupancy tax payable with respect thereto Nothing contained in this subparagraph shall be deemed to obligate Licensor to pay any taxes relating to the Licensed Premises or Licensee's personal p•operty 0) The exhibits attached to this Agreement are hereby made a part of this Agreement (k) OFAC Licensee represents and warrants to Licensor that neither Licensee nor any affiliate or representative of Licensee (i)is listed on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Asset Control, Department of the Treasury ("OFAC") pursuant to Executive Order number 13224, 66 Federal Register 49079 (September 25, 2001) (the "Order"), (u) is listed on any other list of terrorists or terrorist organizations maintained pursuant to the Order, the rules and regulations of the OFAC or any other app'icable requirements contained in any enabling legislation or other executive orders in respect of the Order (the Order and such other rules, regulations, legislation or orders are collectively called the"Orders"), (uQ is engaged in activities prohibited in the Orders,or(tv) has been convicted, pleaded nolo contendere, indicted, arraigned or detained on charges involving money laundering or predicate crimes to money laundering IN WITNESS WHEREOF, the parties have executed this License Agreement as of the day and year first above written LICENSEE WITNESSES KE POLICE EPARTM T — y u z Title o Date LICENSOR WITNESSES OIY--' I PANTHER LAKE LLC, a a Delaware limited liability company By KIM-BIG 2 JV LP, its sole member By, KIM-BIG 2 JV GP, Inc, its general partner By ^ Title:- R4mond Date T U,EASEREPUC191annllery mcome114941Kent Pohce Dcpt11494A Kent Poki:DePU09 6 sg d/Sill EXHIBIT A-1 Legal Description Panther Lake,Kent,WA SWAK14941 _ -- Rm;prup"In the Oty of Kerd,County of KIM Stain of Washln9Ntn4 desW led 05 Tollwm PARCEL A.- THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OFSECrION 5, TOWNSHIP 22 NORTH,RANGE 5 EAST,W M.,IN KING COUNTY,WASMNGION,DESCRIBED AS FOLLOWS' COMMENCING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED SUBDIVISION; THENCE ALONG THE SOUTH LINE OF SAID SUBDIVISION SOUTH 84956'4V FAST LBO 00 FEET THENCE NORTH C0'54'S4"EAST 42.00 MET TO THE NORTH MARGIN OF SOUTHEAST 209M STREET AND THE TRUE POINT OF BEGINNING, THENCE NORTH 00'54'54-EAST 231.03 W,, THENCE SOUTH 09'0506"EAST 00 FEET THENCE NORTH 00°54'S4'EAST 15454 FEET) THENCE SOUTH 09'05TS'PAST 146 50 FEET THENCE SOUTH 00-SW54'WEST 9799 FEET THENCE NORTH 89'54'27'WEST31.60 FEET THENCE SOUTH 01-03TT WEST 17833 FEET, THENCE NORTH 8B'5641"WEST 156 00 FEET, THENCE SOL"01'03'06'WEST IIO.OD FEET TO THE NORTH W GIN OF SOUTtIMT 208TH STREET) THENCE ALONG SAID NORTH MARGIN NORTH 99456'41•WES'105 21 FEETTO THETRUE POINT OF BEGINNING PARCEL B. THAT PORTION OFTHE SOUTHWEST QUARTER OFTHE SOUTHEASTPUARTER OF SECTION 5, TOWNSHIP 22 NORTH,RANGE 5 EAST,W M,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS' - COMMENCING ATTHE SOUTHWEST CORNER OFTHE ABOVE DESCRIBED SUBDIVISION, THENCE ALONG THE SOUTH LINE OF SAID SUBDIVISION SOUTH BrS6'41"EA5T 26911 FEET. THENCE NORTH 01'03'08"EAST 42 00 FEET TO THE NORTH MARGIN OF SOUTHEAST 20M STREET AND THE TRUE POINT OF BEGINNING, THENCE NORTH 01'03'OB"EAST 110 DO FEET THENCE SOUTH SB'S6'42"FAST 156 EO FEET, THENCE SOUTH OS°03'08'WEST 110 00 FEET TO THE SAID NORTH MARGIN OF SOUTHEAST 209M STREET; THENCE ALONG SAID NORTH MARGIN BB'56141"wEs T 156 CO FEET TO THE TRUE POINT OF BEGINNING. PARCEL C: THAT PORTION OFTHE SOUTHWEST QUARTER OF THE SOUTH FAST QUARTER OF SECTION 5, TOWNSHIP 22 NORTH,RANGE 5 EAST,W M,IN KING COUNTY,WA5HINGTON,DESCRIBED AS FOLLOWS. COMMENCING ATTHE SOUTHWEST CORNER OF THE ABOVE DESCRIBED SUBDIVISION, THENCE NORTH 00°54'W'EAST 537 24 FEETALONG THE WEST LINE OF SAID SUBDIVISION, THENCE SOUTH 39'05'D6"EAST A0 00 FEET TO THE EAST MARGIN OF 108TH AVENUE SOUTHEAST(BENSON HIGHWAY)AND THE TRUE POINT OF BEGINNING, THENCE NORTH 00°54S4"FAST ALONG SAID HST MARGIN 44137 FEETTO APOINT OPPOSITE HIGHWAY ENGINEERS STATION 179+30; THENCE SOUTH B9^OS'06-EAST 1S.00 FEET; THENCE NORTH 00°54'S4"FAST 39 10 FEET, THENCE SOUTH 88"ST14"TIST 505 73 FEETTO THE HST LINE OF THE SAID SUBDIVISION, THENCE SOUTH 01°BSA"WEST 97563 FEETTO THE NORTH MARGIN OF SOUTHEAST 20M STREET; THENCE ALONG SAID NORTH MARGIN NORTH 38"56141'WEST 3D 00 PEEP, THENCE NORTH 01-0552"FAST 600 29 FEET, THENCE NORTH 89'D5'06'WEST 1DD 09 FEET, THENCE SOUTH 01°05?52"WEST 7 OD FEET, THENCE NORTH 69-DSID V WEST 18100 FETE, THENCE NORTH 00'54'54"EAST 67 77 FEES THENCE NORTH 89°05 06"WEST 16170 FEET THENCE SOUTH 00°54'W WEST 16433 FEET, THENCE NORTH SM5'06"WEST 126 BD FEETTO THE SAID EAST MARGIN OF 10BTH AVENUE SOUTHEAST(BENSON HIGHWAY)AND THE TRICE POINT OF BEGINNING PARCEL D- A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS BY VEHICULAR AND PEDESTRIAN TRAFFIC AND VEk;TCULAR PAWNS AS GRANTED UNDER THAT DECIMATION OF RESTRICTIONS AND GRANT OF EASE14EM DATED SEPTEMBER 25,1988,RECORDED SEF'"BER 26,ME,UNDER RECORDING NO 9BO926125B SITUATE IN THE COUNTY OF KING,STATE OF WASHINGTON. t m EXfIIBIT A This site plan is intended to be an approximate depiction of the 5hoppm6j Center No representation or warranty is made with respect to the actual location, number or configguration of Buildmgs, Curb Cuts, Abutnng Thoroughfares, Parkmg Areas,Traffic Patterns, or of tfie Tenants intended to be within the 5hoppmg Center The landlord specifically reserves the right to change the content and configuration of the Shopping Center from time to time and at any time the landlord desires in its sole and absolute discretion, or as is required to conform to Local Governing Agencies _ The leased premises shall be the area identified below tu r � G D ^' v I 1 I I I 3 I N I I I 1 W I I I M 0 — — litI I 0 I 1 C1 I I I N 0 I 1 11 I , 0 A 1 I a+/0' I N I 1 1 I � g I I I I 1 1 _ — PADAt I — — PADA2 PADA7 — — SE 208th Street �r 411 4 K I M C O Site#1404 EXHIBIT A PD 11 REALTY ) j } KIMCO REALTY Anna Marie Schmidt Writer's Direct Dial: 516-869-7194 Lease Administrator Writer's Direct Fax: 516-869-7165 RECEIVED May 9, 2011 MAY 12 2011 City of Kent Office of the Mayor Ms Suzette Cooke Kent Police Department 220 Fourth Avenue South Kent, WA 98032 Re License Agreement Licensee Kent Police Department Premises Panther Lake, Kent, WA Kimco Site No 1494A Dear Ms Cooke Enclosed is one (1) fully executed counterpart of the License Agreement for the Licensee located at the above referenced premises Please feel free to call Kim Wheeler at 516-869-7152 should you have any questions Very truly yours, Anna Marie Schmidt Enclosure cc Kim Wheeler 519/11 C 1SEAICLIENTJEMPWNCILLARY LTR DOC AS 3333 New Hyde Park Road, P. O. Box 5020, New Hyde Park, NY 11042-0020 REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes WASHINGiGN Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator L) Phone (Originator). Date Sent -;t3I l Date Required l Retui n Signed Document to-j 1�L lu ,�` CONTRACT TERMINATION DATE: VENDOR NAME:), DATE OF COUNCIL APPROVAL: Ccf� I 1 Brief Explanation of Document y_ �p ,I All Contracts Must Be Routed Through the Law Department (This Area to be Completed 6y the Law Department) DIVED Received: Approval of Law De DP "_ 7 Law Dept. Comme _ h p NT LAW DEPT r j,,t;;e or the ",I-ayot Date Forwarded to Mayor- q -?V I Shaded Areas to Be Completed by Administration Staff Received Recommendations & Comments: Disposition: i/ Date Returned. �z Cr aA �CC a r` age5870 • 1105 PWRP - KENT LLC January l$, 2019 ��� Kent Police Department � � �"y 1J 220 4th Avenue SE 4 Kent, WA 99032 Re: Lease of Space at Panther Lake Shopping Center, Kent, WA (the 1 "Shopping Center") Dear Tenant: The undersigned is the owner of the Shopping Center and the landlord under your lease of space in the Shopping Center(your "Lease"). By this letter, you are hereby directed (1)continue to make all checks, in payment of rent and other sums due to the landlord under your Lease, payable to the order of"PWRP — Kent LLC", and (2) to deliver such checks or otherwise make such payments to the following address: By U.S. Mail ONLY: PWRP—Kent LLC PO Box 399143 San Francisco, CA 94139-9143 Ely.OvernightCourlerService: Lockbox Services Box #207318 PWRP— Kent LLC 3440 Walnut Avenue, Building A, Window H Fremont, CA 94538 By, Wire Transfe, Clearing Bank: Wells Fargo Bank,N.A. San Francisco, California Clearing Account: 4236925533 ABA Number: 121000248 Account Name: PWRP—Kent LLC for the benefit of LoanCorc Capital Credit REIT LLC The foregoing direction is irrevocable, except with the written consent of our mortgagee, 7efferies LoanCore LLC, a Delaware limited liability company (or its successors or assigns), notwithstanding any future contrary request or direction from the undersigned or any $743 Corsa Avenue,Suite 215•Westlake Village,CA 91362 Tel.828.575.6006 1 Fax 805.435.7482 www.usrpartners.com