EXHIBIT 10.25
SEA/TAC OFFICE CENTER
Seattle, Washington
SEA/TAC PROPERTIES LTD.,
A California General Partnership
Lessee
BOW LAKE, INC.,
A Washington Corporation
Lessor
AMENDMENT NO. 2 TO GROUND LEASE
DATED FOR REFERENCE PURPOSES: MARCH 21, 1991
AMENDMENT NO. 2 TO GROUND LEASE
THIS AMENDMENT NO. 2 TO GROUND LEASE ("Amendment No. 2") is made this
21st day of March, 1991, by and between BOW LAKE, INC., a Washington
Corporation (hereinafter referred to as "Lessor") and SEA/TAC PROPERTIES,
LTD., a California General Partnership (hereinafter referred to as "Lessee"),
who agree as follows:
1. RECITALS
--------
1.1 Lessor, acting in the capacity of and therein referred to as
Lessor, has heretofore entered into a Lease, dated as of April 1, 1980 (the
"Lease"), with Xxxxxx Industries, a California corporation and SEA/TAC
Properties, Ltd., a California Limited Partnership, collectively predecessor-
in-interest to Lessee (both acting in the capacity of and therein collectively
referred to as "Lessee"), of certain property comprised of approximately
thirty-four thousand nine hundred eighty-one (34,981) square feet and located
adjacent to and southeast of the SEA/TAC Office Center (referred to in the Lease
and hereinafter referred to as the "Premises").
1.2 A short form Memorandum of Lease similarly dated April 1, 1980
was recorded on June 30, 1980 as Instrument No. 8007300668 in the Official
Records of King County, Washington.
1.3 The Lease was amended by an instrument entitled Amendment No. 1
to Ground Lease, dated September 17, 1990 ("Amendment No. 1"), between Lessor
and Lessee whereby (a) the Premises was increased by the addition of the
Additional Premises, comprised of approximately Fifty-Three Thousand Four
Hundred Fifteen (53,415) square feet, as described in Amendment No. 1 and (b)
the term of the Lease was extended until December 31, 2032, subject to an
option of earlier termination. The Lease and Amendment No. 1 are hereinafter
collectively referred to as the "Lease."
1.4 The entire interests of Xxxxxx Industries and SEA/TAC
Properties, Ltd ., as the original lessee under the Lease, were assigned to
Sea/Tac Properties Ltd., a California General Partnership, as the lessee under
Amendment No. 1 to Lease and predecessor-in-interest to Lessee, by means of an
Assignment dated as of January 1, 1987.
1.5 Pursuant to paragraphs 1 and 6 of Amendment No. 1, the
Additional Premises were to be delivered on the ninety-first (91st) day after
the date of Amendment No. 1 ("Amendment Effective Date"). However, the
Additional Premises were delivered to Lessee on the eighty-ninth (89th) day
after the Amendment Effective Date and Lessor and Lessee wish to confirm said
delivery in accordance with the provisions of said paragraphs 1 and 6 of
Amendment No. l.
1.6 Lessor and Lessee have agreed that Lessor shall be permitted to
utilize an approximate 10'x 10' area for an above-ground storage tank.
1.7 Lessor and Lessee desire to acknowledge the foregoing and
to amend the Lease as hereinafter provided.
NOW, THEREFORE, Lessor and Lessee do hereby agree as follows.
1. Effective Date
--------------
Lessor and Lessee hereby confirm that the Additional Premises were
delivered by Lessor to Lessee on December 15, 1990, the eighty-ninth (89th)
day after the Amendment Effective Date. All references in Amendment No. 1 to
the "ninety-first (91st) day" or "ninety-one (91) days" after the date of
Amendment No. 1 are hereby revised to reflect delivery of the Premises on
the Amendment Effective Date.
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2. Acceptance of Premises
----------------------
Lessee hereby confirms that the Additional Premises were delivered in
satisfactory condition pursuant to paragraph 6 of Amendment No. 1 and Lessee
has and shall accept the Additional Premises in the present "as-is" condition
thereof.
3. Legal Description of Premises
-----------------------------
Lessor and Lessee hereby confirm that as of the Amendment Effective Date,
the legal description of the entire Premises (which includes the Additional
Premises), as set forth on Exhibit "A" attached hereto, supercedes and replaces
in its entirety the prior legal description of the Premises.
4. Above-Ground Storage Tanks
--------------------------
Paragraph 9 of Amendment No. 1 is hereby modified to provide that an
additional 10'x 1O' area of land (approximately one hundred (100) square feet),
located adjacent to the area reserved for above-ground storage tanks pursuant
to said paragraph 9, and shown on Exhibit "B" attached hereto, shall be
reserved by Lessor for an above-ground storage tank for storage of natural gas,
for the exclusive use of Lessor, pursuant to and subject to the provisions of
said paragraph 9.
5. Miscellaneous
-------------
Words used herein which are defined in the Lease shall have the same
meaning when used in this Amendment No. 2. The Exhibits attached hereto are by
this reference incorporated herein. Lessor and Lessee each hereby acknowledge
that to their best information and belief no default exists under the
provisions of the Lease. Except as herein amended the Lease is hereby
ratified, affirmed and approved. All references to the Premises in the Lease
shall mean the Additional Premises as a part of the Premises, as described in
Exhibit "A," attached hereto, subsequent to the Amendment Effective Date.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2
to Lease as of the date and year first above written.
BOW LAKE, INC., SEA/TAC PROPERTIES, LTD.,
A Washington Corporation A California Limited
Partnership
By: /s/ Xxxxxx X. Xxxxxxx By: XXXXXX INDUSTRIES
-------------------------- A California Corporation
doing business in
Title: Treasurer Washington as XXXXXX
----------------------- INDUSTRIES, INC., General
Partner
By: /s/ Xxxxx Xxxxxxx
--------------------------
By: /s/ Xxxxxxxx X. XxXxxxxx
Title: Secretary-Treasurer ------------------------------
----------------------- Title: Xxxxxxxx X. XxXxxxxx
Executive Vice President
"LESSOR" and Secretary
------------------------------
"LESSEE"
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LEGAL DESCRIPTION
OF
TOTAL PREMISES
XXXXXX INDUSTRIES
BOW LAKE PROPERTIES
LEGAL DESCRIPTION
COMBINED PARCEL
---------------
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33,
TOWNSHIP 23 NORTH, RANGE 4 EAST, X.X., KING COUNTY WASHINGTON DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER FROM WHENCE THE NORTHEAST CORNER OF SAID SECTION 33 BEARS NORTH
03(degrees) 04' 28" EAST; THENCE NORTH 88(degrees) 31' 34" WEST 20.00 FEET TO
THE WESTERLY MARGIN OF 32ND AVENUE SOUTH; THENCE SOUTH 03(degrees) O4' 28" WEST
ALONG SAID WESTERLY MARGIN 8.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL
------------------
HEREIN DESCRIBED; THENCE NORTH 88(degrees) 31' 34" WEST 249.20 FEET TO THE
EASTERLY LINE OF THAT TRACT OF LAND DESCRIBED IN INSTRUMENT RECORDED UNDER KING
COUNTY RECEIVING NO. 7212280221; THENCE SOUTH ALONG SAID EASTERLY LINE 398.65
FEET; THENCE NORTH 82(degrees) 13' 07" EAST 102.00 FEET; THENCE NORTH
14(degrees) 11' 41" WEST 2.67 FEET; THENCE NORTH 57(degrees) 16' 42" EAST 39.31
FEET; THENCE NORTH 59(degrees) 54' 15" EAST 112.28 FEET; THENCE NORTH
08(degrees) 04' 33" EAST 48.05 FEET TO A POINT OF CURVATURE OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 125.00 FEET; THENCE NORTHERLY AND NORTHEASTERLY ALONG
SAID CURVE 58.45 FEET TO A POINT FROM WHICH THE RADIUS POINT BEARS SOUTH
55(degrees) 07' 54" EAST, AND SAID POINT ALSO BEING ON THE EAST LINE OF SAID
SECTION 33; THENCE NORTH 05(degrees) 21' 43" WEST 136.32 FEET; THENCE NORTH
12(degrees) 25' 03" EAST 43.00 FEET; THENCE NORTH 17(degrees) 21' 15" WEST 7.85
FEET TO THE SOUTHERLY MARGIN XX XXXXX 000XX XXXXXX; THENCE ALONG SAID SOUTHERLY
MARGIN NORTH 88(degrees) 31' 34" WEST 4.24 FEET TO A POINT ON THE WESTERLY
MARGIN OF 32ND AVENUE SOUTH; THENCE ALONG SAID WESTERLY MARGIN NORTH 03(degrees)
O4' 28" EAST 11.51 FEET TO THE POINT OF BEGINNING.
CONTAINING 88,396 SQUARE FEET MORE OR LESS.
PREPARED BY XXXXXX XXXXXX AND ASSOCIATES, INC. SEPTEMBER 5, 1990
IOB NUMBER 8748.00
[SEAL OF XXXXXX XXXXXX
AND ASSOCIATES]
/s/ Xxxxxx X. Xxxxx
XXXXXX X. XXXXX
Professional Land Surveyor
EXHIBIT "A"
PAGE 1 of 1 Page
LOCATION OF ADDITIONAL
ABOVE-GROUND
TANK STORAGE AREA
[LOGO OF BOW LAKE INC.]
ECOLOGY BLOCKS OR
ROCKERY SET IN
HILLSIDE
EXISTING ROCKERY
1 - MIXER
2 - VAPORIZER
3 - PROPANE TANK
100'(plus/minus) TO NORTH
PROPERTY LINE
EXHIBIT "B"
Page 1 of 1 Page
