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HomeMy WebLinkAboutLAG98-002 - Other - Urban Landmark Corporation (ULC) - Kent Valley Ice Arena Landlord's Agreement Regarding Leasehold Deed of Trust - 09/18/2019 LANDLORD'S AGREEMENT REGARDING LEASEHOLD DEED OF TRUST This Landlord's Agreement Regarding Leasehold Deed of Trust (this "Agreement") is entered into this tg_ day of 0'0r, 2019 by CITY OF KENT, a Washington municipal corporation ("Landlord") in favor of The Bancorp Bank, a Delaware banking corporation ("Lender") with an address of 409 Silverside Road, Suite 105,Wilmington, DE 19809. WHEREAS, Landlord and Urban Landmark Corporation, a Washington corporation ("Borrower" or "Tenant") entered into that certain Land Lease Agreement for Kent Valley Ice Arena, recorded April 19, 2000 under Recording Number 20000419001213, King County, Washington records, as amended pursuant to that certain Addendum One to the Land Lease Agreement for Kent Valley Ice Arena, recorded April 25, 2000 under Recording Number 20000425001213, as further amended pursuant to that certain Addendum Two to the Land Lease Agreement for Kent Valley Ice Arena, recorded December 22, 2003 under Recording Number 20031222002026, as further amended pursuant to that certain Addendum Three to the Land Lease Agreement for Kent Valley Ice Arena, recorded August 13, 2019 under Recording Number 20190813001725 (collectively, the "Lease"), pursuant to which Landlord leased to Tenant that certain property commonly known as 6015 S 240`h St., Kent, WA and more particularly described on the attached Exhibit"A" (the"Premises"); WHEREAS, Lender has or is about to make one or more loans (collectively, the "Loan") to Borrower, which Loan is to be secured by, among other things, a leasehold deed of trust (the "Leasehold Deed")on the Lease and the execution of this Agreement is a condition to Lender making the Loan. NOW, THEREFORE, for and in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Landlord hereby agrees as follows: (a) Mortgage of lease. Landlord hereby consents to the granting of Leasehold Deed on the Lease by Tenant in favor of Lender. (b) Modification of lease. Landlord agrees that Landlord shall not accept any cancellation, surrender, or enter into any modification of the Lease without the Lender's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. (c) Notice of default, cure. Landlord shall, upon serving on Tenant any notice of default or any other notice under the Lease, simultaneously serve a copy of such notice upon the Lender by certified mail, return receipt required, or via recognized overnight courier, and no notice of such default shall be deemed to have been duly given until a copy thereof has been so served. The Lender shall thereupon have ninety (90) days within which to remedy or cause to be remedied the defaults complained of, and Landlord shall accept such performance by or at the instigation of the Lender as if such performance had been accomplished by Tenant, or, alternatively, Lender may pursue foreclosure of the Leasehold Deed during such ninety (90) day period, provided, however, so long as Lender is diligently pursuing foreclosure of the Leasehold Deed, Landlord shall not be permitted to terminate the Lease. Lender shall also have the right to exercise any renewal options contained in the Lease. (d) Termination; New Lease. If, by reason of any default of Tenant, the Lease or any extension hereof is terminated by Landlord before the stated expiration therefor, upon the Lender's request, Landlord shall enter into a new lease for the Premises with the Lender or its assignee for the remainder of the then current Lease term, which new lease shall also contain the same options provided under the Lease, effective as of the date of such termination, at the rent and additional rent set forth in the Lease between Landlord and Tenant, and on the terms therein contained. (e) Assignment of Lease. If Lender, or its nominee or wholly owned subsidiary corporation, holds a Leasehold Deed upon the Lease and subsequently acquires a leasehold estate, derived either from such Leasehold Deed or from Landlord, and desires to assign the Lease or any new lease obtained from Landlord to an assignee who will undertake to perform Tenant's obligations under such lease, Landlord shall not unreasonably withhold its consent to such assignment and assumption. The Lender,nominee, or subsidiary shall thereafter be relieved of any further liability under such lease. Both the Lender, or its nominee or wholly owned subsidiary corporation, which holds a Leasehold Deed upon the Lease and subsequently acquires a leasehold estate, derived either from such Leasehold Deed or from Landlord or the assignee shall have the right to sublease the Premises. Notwithstanding the foregoing, in the event the Lender assumes the role of Tenant under the Lease, the Landlord acknowledges and agrees that the Lender and it assigns shall have the right, with Landlord's prior consent, to sublet the Premises, and Landlord shall not unreasonably withhold,condition or delay its consent to such sublease. (f) Lender's Rights in Foreclosure. In the event the leasehold estate is made part of a foreclosure sale,the Landlord acknowledges and agrees that the Lender and/or its assignees shall have the right to acquire the leasehold at such foreclosure sale or by assignment. (g) Insurance; Condemnation. The name of the Lender may be added to the loss payable endorsement or mortgagee endorsement of any and all insurance policies carried by Tenant on the Premises and Lender shall be entitled to receive hazard insurance proceeds resulting from damage to the improvements on the Premises to the extent of Lender's interest therein. In the event of any condemnation of part or all of the Premises, Landlord will make available to Lender all condemnation proceeds to which Tenant may be entitled under the Lease to the extent of Lender's interest therein. Landlord acknowledges and agrees that Tenant has title to all improvements upon the Premises during the term of the Lease, and Lender shall succeed to such ownership rights upon any foreclosure of the Lease or execution of new lease pursuant Sections(d)or(e) above. (h) Rights Under Lease. The rights and remedies granted to Lender under this Agreement shall be in addition to, and not in lieu of, any rights and remedies granted to Secured Parties (as that term is defined in the Lease)under the Lease. (i) Authority. The undersigned hereby represents and warrants that they have the power and authority to enter into this Agreement and to cause the Landlord to be bound by the covenants herein contained. [SIGNATURES ON FOLLOWING PAGE] 2 IN WITNESS WHEREOF, Landlord has executed this Agreement to be effective as of the date first set forth above. LANDLORD: CITY OF KENT, a Washington municipal corporation By: ( YJ (SEAL) Name: Its: Mayor APPROVED O FORM: By: (SEAL) Name. Its: City Attorney ATTEST: By: (SEAL) Name: vuvi Its: City Clerk — l lA [ACKNOWLEDGEMENTS ON FOLLOWING PAGE] i STATE OF WASHINGTON COUNTY OF KING 1,the un ersigned,a notary public in and for the State o ashington, y fy that on this day of ,2019,personally appeared before me me known to be the MAYO of the CITY OF KENT,a Washington municipal corporation,that ex uted tic foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said city,for the uses and purposes therein mentioned,and on oath stated that he/she is authorized to execute the said instrument. `-���\\\1t1t{{III GIV t�S Vv,�<iS).official seal this day of ,2019. i -�J- �,c t < m B Notary Public in aW for he �of ` �-j'.,�,P �ht0 � Residing at: %t �''04�a,09-20 s02�= My commission expire7-0 'hi NVASHING������ 1tl�It% STATE OF WAS[11. GTON COUNTY OF KING "01 ,a notary public in and for the State of as in on hereby certify that on this day of2019, personallyappeared before me _ tome known to be the C T e CITYOF KENT, a Washington municipal corporation, tat executed the foregoing i ged the said instrument to be the free and voluntary act and deed of said city,for the uses and purposes therein mentioned and on oath stated that he/she is authorized to execute the said instrument. `�SN�\\\N1111III GIVEN�4� �� $yy,,��,' ial seal this�day of 019. i -•• t By: x Nota Public i and fort state of �,4 h0 ' Residing at: _ 3��09" C9! My commission ex r sZeD STATE OF WASHINGTON COUNTY OF KING I,th ndersigned,a notary public in and for the State of t n here that on this day of • 2019, personally appeared before me me known to be the CIT CLERK of the CITY OF KENT,a Washington municipal rporation, executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said city, .for the uses and purposes therein mentioned,and on oath stated that he/she is suthoriz to execute the said instrument. GIVEN MY HAND and official seal this day of ,201, M, By: ;y Notary ublic in d fo th ate of �ir 70 R% esiding at: t!t% q z My commission exptr -- - r y '% &a L% �C 09-20 O `GA; F WA SW"``\` EXHIBIT"A" The land referred to is situated in the County of King, City of Kent, State of Washington, and is described as follows: That portion of Section 23,Township 22 North, Range 4 East,W.M., in King County, Washington, described as follows: Commencing at the Northeast corner of said Section 23; THENCE North 88"59'15" West along the North line of said Section 2001.90 feet to the Northeast corner of the Frances Stewart Tract as recorded under Auditor's File No. 629612; THENCE South 00039'38" West, 33.00 feet along the Easterly boundary of said Tract to the True Point of Beginning; THENCE South 00°39'38" West along said Easterly boundary of the Frances Stewart Tract, 351.01 feet to Point "B"; THENCE North 88°59'15" West 444.17 feet; THENCE North 00°39'38" East, 351.01 feet to Point"A"; THENCE South 88°59'15" East 444.17 feet to the True Point of Beginning; (Also known as Parcel B, City of Kent Lot Line Adjustment#LL2000-5, recorded under Recording Number 20000412006199) TOGETHER WITH an Easement for ingress,egress and signage described as follows: Beginning at aforementioned Point "A"; THENCE North 88°59'15" West, 50.00 feet; THENCE South 00°39'38" West, 381.01 feet; THENCE South 88°59'15" East, 50.00 feet; THENCE North 00°39'38" East, 381.01 feet to Point"A" and the True Point of Beginning; AND TOGETHER WITH an Easement for ingress, egress and utilities described as follows: Beginning at aforementioned Point "B"; THENCE South 00039'38" West, 30.00 feet; THENCE North 88°59'15" West, 444.17 feet; THENCE North 00°39'38" East 30.00 feet; THENCE South 88°59'15" East,444.17 feet to Point "B" and the Point of Beginning. SITUATE in the County of King, State of Washington. ABBREVIATED LEGAL Portion of the Northwest quarter of the Northeast quarter Section 23,Township 22 North, Range 4 East, W.M. Tax Account No. 232204-9048-08 DocuSign Envelope ID:4A3509C6-02BB-4CB2-9B21-6F8C26FA9465 LANDLORD'S WAIVER AND CONSENT THIS LANDLORD'S WAIVER AND CONSENT (the "Agreement") dated effective Ste, 2019 is entered into by and among Urban Landmark Corporation ("Borrower") whose address is 6015 240th St., Kent, WA, The Bancorp Bank ("Lender") whose address is 8801 Fast Park Drive, Suite 105, Raleigh, NC 27617. and CITY OF KENT, a Washington municipal corporation_ ("Landlord"), whose address is 220 Fourth Avenue South, Kent, WA 98032. RECITALS A. Borrower and Lender have entered into, or intend to enter into, one or more loan transactions (collectively, the "Loan") pursuant to which Borrower has granted or will grant to Lender a security interest or other interest in and to all of Borrower's business assets, including without limitation, Borrower's Equipment, Fixtures, Accounts, and all other personal property (the "Collateral") which may, from time to time be located at or upon the premises (the "Property") described in that certain Land Lease Agreement for Kent Valley Ice Arena dated April 19, 2000 (as heretofore amended, the "Lease"). B. Lender has required and Borrower has agreed to grant to Lender a first lien and security interest in and to the Collateral. C. In order to provide assurance to Lender that Lender's lien and Security interest in and to the Collateral is not subject to any prior lien or protection granted to a landlord under any state statute, common law or otherwise, Borrower has requested that Landlord acknowledge, consent and agree to the terms and conditions set forth in this Agreement. AGREEMENT To induce Lender to extend a loan to Borrower and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. ACKNOWLEDGEMENT OF SECURITY INTEREST AND SUBORDINATION. Landlord acknowledges that Borrower has granted to Lender a security interest in the Collateral and agrees that the Collateral is and shall remain the personal property of the Borrower at all times. Until such time as the Loan is paid in full, Landlord disclaims any and all interest, liens and claims which Landlord now has or may hereafter acquire in and to the Collateral. Landlord agrees that any lien or claim Landlord now has or may acquire in or to the Collateral will be, at all times, subject and subordinate to Lender's security interest in the Collateral. Urban Landmark Corporation LOAN 44615000179 and 4615000179B DocuSign Envelope ID:4A3509C6-02BB-4CB2-9B21-6F8C26FA9465 2. LEASE DEFAULTS. Landlord represents that, to the best of their knowledge, there is no existing breach or offset under the Lease. If a default or event of default occurs under the Lease, Landlord will provide Lender with notice* of the default or event of default to the address set forth in the first paragraph of this Agreement. Upon receipt by Lender, as required in this Section, of a notice of a default or an event of default under the Lease or any notice of a termination of the Lease, Borrower and Landlord each grant the Lender the right to enter the Property for the purpose of removing the Collateral. Lender's right to remove the Collateral from the Property in accordance with this Section shall continue for a period equal to the greater of(i) 60 days after receipt of notice from Landlord that the Lease will be terminated on a date specified in such notice and (ii) fifteen days after the day on which the Lease actually terminates. Lender shall also have the right to cure the default during the applicable cure period provided to Borrower under the Lease. *LENDER'S NOTICE TO BE DELIVERED TO THE ADDRESS BELOW: The Bancorp Bank SBL Loan Operations 409 Silverside Road Suite 105 Wilmington, DE 19809 3. ENTRY ONTO PROPERTY. In the event that Lender, for any reason, has the right to take possession of the Collateral or the right to sell the Collateral, Landlord and Borrower each grant to Lender the right to enter the Property for the purpose of removing the Collateral from the Property. 4. REMOVAL OF COLLATERAL. If Lender enters the Property and removes the Collateral, Lender agrees that Lender will not remove any Collateral in such a way that results in damage to the Property without either repairing any damage caused by Lender or reimbursing Landlord for the cost of repairing damage to the Property. 5. COLLATERAL ASSIGNMENT. Landlord consents to a collateral assignment of the Lease by Borrower to Lender. 6. SUCCESSORS AND ASSIGNS. This Agreement extends to and binds the respective heirs, personal representatives, successors and assigns of the Borrower, Landlord and Lender. 7. ASSIGNMENTS. If, in connection with a transfer or assignment of the Loan, Lender transfers, assigns or endorses over any claim or obligation to which this Urban Landmark Corporation LOAN #4615000179 and 4615000179B DocuSign Envelope ID:4A3509C6-02BB-4CB2-9B21-6F8C26FA9465 Agreement applies, this Agreement will be enforceable by any such transferee, assignee or endorsee. Lender may make such transfer, assignment or endorsement without the consent of either the Borrower or the Landlord. 8. APPLICABLE LAW. This Agreement is governed by and is to be construed under the laws of the State of Washington and venue for all matters shall be in the Superior Court of King County, Washington. 9. AUTHORITY. Each of the parties to this Agreement represent that the individual executing this Agreement on such party's behalf has the full power and authority to enter into and execute this agreement. 10. WAIVERS AND MODIFICATIONS. Any waiver of any condition or requirement set forth in this Agreement must be in writing. Any modification to the terms or conditions of this Agreement must be in writing and must be signed by the party against whom enforcement is sought. No delay or omission on the part of Lender in exercising any right under this Agreement or under the Loan will operate as a waiver of such right or any other right. Unless specifically agreed by Lender in writing, a waiver of any provision of this Agreement will not prejudice or constitute a waiver of Lender's right to demand strict compliance with any such provision or any other provision of this Agreement and no prior waiver or course of dealing between Lender and Landlord will be deemed or construed as constituting a waiver of any of Lender's rights as to any future transaction. 11. MODIFICATION OF LOAN. Lender may, without any notice to or consent from Landlord, take any action that Lender deems to be appropriate, necessary or desirable with respect to the Loan, including without limitation, make modifications, waivers, alterations, renewals, extensions or accelerations of the Loan indebtedness. 12. NONDISTURBANCE. Landlord agrees that no foreclosure (whether judicial or nonjudicial), deed-in-lieu of foreclosure, or other sale of the Property in connection with enforcement of the Security Instrument or otherwise in satisfaction of a loan between Landlord and Landlord's lender (if any) shall operate to terminate: (1) this Landlord's Waiver and Consent; or (2) the Lease or Tenant's rights thereunder to possess and use the Leased Space provided, however, that at the time of such foreclosure, deed-in-lieu of foreclosure, or other sale of the Property (a) the term of the Lease has commenced, (b) Tenant is in possession of the Property, and (c) the Lease is in full force and effect and no uncured default exists under the Lease. 13. CONSOLIDATION. This Agreement constitutes the entire understanding and agreement of Landlord and Borrower with respect to the matters set forth in this Agreement. Urban Landmark Corporation LOAN 44615000179 and 4615000179B DocuSign Envelope ID:4A3509C6-02BB-4CB2-9B21-6F8C26FA9465 14. SEVERABILITY. If a court of competent jurisdiction finds that any provision of this Agreement is illegal, invalid or otherwise unenforceable for any reason,the Agreement will be deemed to be modified so as to remove the offending provision from this Agreement but only so far as is necessary to make this Agreement a legal, valid and enforceable agreement. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement. 15. NO AMENDMENT TO OTHER AGREEMENTS. This Agreement is not intended to be and shall not be construed as an amendment or modification of the Lease or any other agreement between or among Landlord, Borrower and Lender, or any combination of such parties. BY EXECUTING THIS AGREEMENT IN THE SPACE PROVIDED BELOW, BORROWER, LANDLORD AND LENDER ACKNOWLEDGE HAVING READ ALL OF THE PROVISIONS OF THIS AGREEMENT AND AGREE TO ITS TERMS. LANDLORD: CITY OF KENT,a Washington municipal corporation By: k Its BORRC c-C"aw:Landmark Corporation l vOln,t,V' By: President Its LENDER: THE BANCORP BANK Do Signed by: l IQ QN.Q.VV By: y 628863107EF949E Lucia Guerra DIR. SBA Closing Manager 8801 Fast Park Drive Suite 105 RETURN COPY TO: Raleigh,NC 27617 ATTN: Summer Meade smeade@thebanco!T.com Urban Landmark Corporation LOAN #4615000179 and 4615000179B Docu1�. Sa C U A a a Certificate Of Completion Envelope Id:4A3509C602BB4CB29B216F8C26FA9465 Status:Completed Subject:Please DocuSign:Urban Landmark--Landlord Waiver Test:test Source Envelope: Document Pages:4 Signatures:2 Envelope Originator: Certificate Pages:5 Initials:0 Summer Meade AutoNav:Enabled 409 Silverside Rd Ste 105 Envelopeld Stamping:Enabled Wilmington,DE 19809 Time Zone:(UTC-05:00)Eastern Time(US&Canada) smeade@thebancorp.com IP Address:204.77.161.23 Record Tracking Status:Original Holder:Summer Meade Location: DocuSign 9/10/2019 12:37:46 PM smeade@thebancorp.com Signer Events Signature Timestamp Lexi Doner &11­S1g_df1by Sent:9/10/2019 12:41:11 PM lexi@kentvalleyicecentre.net )�t ,/b� Viewed:9/10/2019 12:48:21 PM President 46868426D064E6_ Signed:9/10/2019 1:11:45 PM Security Level:Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address:73.254.180.138 Electronic Record and Signature Disclosure: Accepted: 9/10/2019 12:48:20 PM ID:bd082302-2ecf-404f-8564-83bb73587861 Lucia Guerra °0 51gnedby Sent:9/10/2019 12:41:11 PM luguerra@thebancorp.com 1062—B863107EF949E '" 4.. Viewed:9/10/2019 12:52:34 PM Dir,SBA Closing Manager _ Signed:9/10/2019 12:52:39 PM The Bancorp Bank Security Level:Email,Account Authentication Signature Adoption: Pre selected Style (None) Using IP Address:204.77.161.1 Electronic Record and Signature Disclosure: Accepted:6/6/2016 5:17:11 PM ID:67dla493-77a8-4c30-ad9f-5cfcdc58b481 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/10/2019 12:41:11 PM Certified Delivered Security Checked 9/10/2019 12:52:35 PM Signing Complete Security Checked 9/10/2019 1:11 45 PM Completed Security Checked 9/10/2019 1:11:45 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure After recording return to: Bendich, Stobaugh& Strong, P.C. 126 NW Canal Street, Suite 100 Seattle WA 98107 CONSENT TO ASSIGNMENT OF LEASE, DEED OF TRUST, AGREEMENT TO GIVE NOTICE OF DEFAULT AND ESTOPPEL CERTIFICATION Grantor: City of Kent Grantee: Evergreen Business Capital Legal description: Portion of the Northwest quarter of the Northeast quarter Section 23, Township 22 North, Range 4 East, W.M. Tax Parcel ID 4: 232204-8948-08 CONSENT TO ASSIGNMENT OF LEASE, DEED OF TRUST, AGREEMENT TO GIVE NOTICE OF DEFAULT AND ESTOPPEL CERTIFICATION DEFINITIONS CDC ----Evergreen Business Capital SBA-----Small Business Administration, an agency of the United States of America. LESSOR—City of Kent LESSEE-----The Urban Landmark Corporation INDEBTEDNESS ----A promissory note in the amount of$1,366,000.00 executed by Lessee and payable to CDC. THE LEASE -----Ground Lease between Lessor and Lessee fully executed on or about January 7, 1999, First Addendum to said Lease fully executed on or about April 24, 2000, a Second Addendum to said Lease fully executed on or about December 18,2003, and Third Addendum to said Lease fully executed on or about November 10, 2016, and covering the premises described at attached Exhibit"A". LEASEHOLD ESTATE-----Lessee's rights and obligations under the Lease. LEASEHOLD MORTGAGEE-----Holder of the Indebtedness and Leasehold Security Instruments. LEASEHOLD SECURITY INSTRUMENTS----Assignment of Interest in Lease as Security and Deed of Trust executed by Lessee to secure repayment of the Indebtedness. AGREEMENT In order to induce CDC to make a loan in the original principal amount of$1,366,000.00 to Lessee, Lessor, and Lessee agree as follows: 1. LESSOR'S CONSENT Lessor consents to Lessee assigning its interest in the Lease and mortgaging its Leasehold Estate to CDC as security for the Indebtedness. Lessor also consents to CDC assigning the Indebtedness and Leasehold Security Instruments to SBA and to any subsequent assignment of the Indebtedness and Leasehold Security Instruments. 2 2. NOTICE OF DEFAULT The Leasehold Mortgagee are CDC and SBA. CDC and SBA are"Secured Party Assignee" as that term is defined under Section 10 of the Lease Agreement and are entitled to the notice described in Section 13(B) of the Lease. The Notice of Default must be mailed to CDC at the following address or such other address as CDC may designate in writing to the Lessor. Evergreen Business Capital Attn: Servicing Department 13925 Interurban Ave. South Suite 100 Seattle WA 98168 The Notice of Default must be mailed to SBA at the following address or such other address as SBA may designate in writing to the Lessor: Small Business Administration Fresno Commercial Loan Service Center 2719 North Air Fresno Drive, Suite 107 Fresno CA 93727 In the event that SBA assigns the Indebtedness and Leasehold Security- Interests to another person, Lessor agrees to send the Default Notices to the new holder provided it is notified in writing of that person's address. 3. INDEMNIFICATION Leasehold Mortgagee shall not be liable to Lessor under Section 16. Indemnification of the Lease for any injury or loss that occurred prior to the Leasehold Mortgagee acquiring ownership of the Leasehold Estate. 4. TERMINATION OF LEASE In the event that the Leasehold Mortgagee acquires the Lessee's Leasehold Estate, Leasehold Mortgagee may terminate the Lease at any time by informing the Lessor in writing that it wishes to terminate the Lease. Leasehold Mortgagee will not be personally liable for the performance of any obligation that would have accrued after the date of termination, such as the payment of future rent. This termination will not release Lessee from its obligations under the Lease. 5. MODIFICATION OF SECTION 10. ASSIGNMENT OR SUBLEASE. Section 10. C. of the Lease is modified to provide that the City shall provide to Assignee sixty(60)days written notice inquiring whether Assignee wishes to perform the obligations of ULC under the Lease after rejection of the Lease is approved by appropriate federal or state court. 6. ESTOPPEL CERTIFICATION The Lease is in full force and effect and there are no defaults by either party to the Lease. 7. EXECUTION IN COUNTERPART. This agreement may be executed in counterpart. Lessor: CITY OF KENT (0 0-0x� By: j Name Tit1CQ— State of Washington ) ss. County of King ) is record w cl ov lodged befQre me on C� , 2019 by as of the City of Kent. i +_ _~ Notary Public in and for the State of - S 9t, a,&09-Z� �"` — My commission expires: `i r Ofi Consent to Assignment of Lease, Etc. p. 4 Lessee: The Urban Landmark Corporation By: Lexi Doner, President State of Washington ) S*P%C�-0^',5 ss. County of Kira- ) This record was acknowledged before me on �e 2019 by Lexi Doner, President of The Urban Landmark Corporation. LISA lOHN5ON Notary Public State of Washington Notary i li in and for t Lee State of My Appointment Expires May 24,2021 My commission expires: Zy Z,7Z� EXHIBIT"A" LEGAL DESCRIPTION OF LEASE AREA FOR That portion of Section 23, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the Northeast corner of said Section 23; THENCE North 88059'15" West along the North line of said Section 2001.90 feet to the Northeast corner of the Frances Stewart Tract as recorded under Auditor's File No. 629612; THENCE South 00039'38" West, 33.00 feet along the Easterly boundary of said Tract to the True Point of Beginning; THENCE South 00039'38" West along said Easterly boundary of the Frances Stewart Tract, 351.01 feet to Point "B"; THENCE North 88059'15" West 444.17 feet; THENCE North 0003938" East, 351.01 feet to Point "A"; THENCE South 88059'15" East 444.17 feet to the True Point of Beginning; (Also known as Parcel B, City of Kent Lot Line Adjustment #LL2000-5, recorded under Recording Number 20000412006199) TOGETHER WITH an Easement for ingress, egress and signage described as follows: Beginning at aforementioned Point "A"; THENCE North 88059'15" West, 50.00 feet; THENCE South 00039'38" West, 381.01 feet; THENCE South 88059'15" East, 50.00 feet; THENCE North 00039'38" East, 381.01 feet to Point "A" and the True Point of Beginning; AND TOGETHER WITH an Easement for ingress, egress and utilities described as follows: Beginning at aforementioned Point "B"; THENCE South 00039'38" West, 30.00 feet; THENCE North 88059'15" West, 444.17 feet; THENCE North 00039'38" East 30.00 feet; THENCE South 88059'15" East, 444.17 feet to Point "B" and the Point of Beginning. SITUATE in the County of King, State of Washington. fi