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131-22 - Hillstrom Holdings - Contract Amendment 2SECOND AMENDMENT TO COMMERCIAL LEASE AGREEMENT THIS SECOND AMENDMENT TO COMMERCIAL LEASE AGREEMENT ("Amendment") is entered into and effective upon mutual execution ("Effective Date") by and between Hillstrom Holdings, LLC, a Washington limited liability company ("Landlord"), and the City of Port Orchard, a Washington municipal corporation ("Tenant"). Landlord and Tenant may be referred to herein individually as a "Party" and collectively as the "Parties". RECITALS A. Landlord and Tenant entered into the certain Commercial Lease Agreement, dated December 28, 2022, including the First Amendment to Commercial Lease dated December 28, 2022 (together, the "Lease"), for lease of the Premises commonly known as Suite 101 ("Premises") located at the property commonly known as the Greenwood Building, 600 Kitsap St. Port Orchard, WA 98366. B.' The Parties desire to acknowledge their intent to increase the base rental rate by 2% on an annual basis, beginning on January 1, 2024, and annually for the duration of the agreement. herein. C. Landlord and Tenant desire to amend the Lease upon the terms and conditions set forth AGREEMENT NOW, THEREFORE, incorporating the foregoing Recitals herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Amendment. Section V., Base Rent, of the Lease is hereby amended in part as follows: The net monthly payment shall be dollars ($ 1,900), payable monthly with the first payment due upon the commencement of the Lease and each monthly installment payable thereafter on the lst day of each month ("Base Rent"). Rent payment for any period during the term hereon, which is for less than 1 month shall be a pro-rata portion of the monthly rent. Beginning on January 1, 2024, the Base Rent shall increase by 2% annually on January 1st of each subsequent year of the initial term and any renewal period(s). 2. Counterparts. This Amendment may be executed in counterparts and transmitted via facsimile or electronic mail, all of which taken together will constitute one and the same instrument, and any party executing this Amendment may do so by signing any such counterpart. 3. Severability. If any provision of this Agreement or the application thereof to any person or circumstances shall, for any reason and to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected but rather shall be enforced to the extent permitted by law. 4. Full Force and Effect. Except as specifically amended herein, all of the terms, provisions, covenants and conditions of the Lease as previously amended shall remain unmodified and in full force and effect. This Amendment may not be amended or modified in any manner other than in a writing signed by the Parties hereto, or their respective successors or assigns. Second Amendment to City of Port Orchard Lease — 600 Kitsap St Lease Page 1 of 3 IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the date set out below. (Landlord) Hillstrom Holdings; LLC, A Washing n limited Iiabili co Maly By: Keith Hillstrom Its Manager Date: /- /o - Z g LANDLORD ACKNOWLEDGMENT STATE OF WASHINGTON ) ss. COUNTY OF t- t ( L t _. . . This record was acknowledged before me -,2023 (date), by Keith Hillstrom as Manager of Hillstrom Holdings, LLC. ` Notary Public State of Washington ANGIE VOELPEL k 169994 MY COMMISSION EXPIRES 7anua, 11,9 . (An�. lk�q-vor iV ame: Notary Public in and for the State of Washington Residing at My appointment expires: Second Amendment to City of Port Orchard Lease - 600 Kitsap St Lease Page 2 of 3 (Tenant) City of Port Orchard, A Washington municipal corporation By: _ Rob Putaansuu, Its Ma or _. Date: Reviewed and approved: Charlotte Archer City Attorney STATE OF WASHINGTON COUNTY OF KITSAP ��kjI$iII111)1111,l A"I"� 1 RT OR I, 'Rlry0R,4• r'�r A 'r111r1dlllill �� TENANT ACKNOWLEDGMENT This record was acknowledged as Mayor of the City of Port Orchard. .`�lttl lililli•rill Pgy P ;'` Q Commission Number 'co Jenine Floyd Z± -7 NY Appointment Fxpires Q =11/15/2026 A. +iliVil„ ss. before me or 023 (date), by Rob Putaansuu C1 ftoltabileman fie) orSh td=ti or t a f ashington Residing at f-P P My appointment expires: P 1 I G iv Second Amendment to City of Port Orchard Lease — 600 Kitsap St Lease Page 3 of 3 DocuSign Envelope ID: 5752CF86-57EC-440D-9306-C48A19F7DE39 (Tenant) City of Port Orchard, A Washington municipal corporation By. — — - Rob Putaansuu, Its Major Date: _ Reviewed ;and approved: Docu5k0nnl by: - 2f1 701 F25520451 . Charlotte Archer City Attorney TENANT ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) This record was acknowledged before me on as Mayor of the City of Port Orchard. , 2023 (date), by Rob Putaansuu Name: Notary Public in and for the State of Washington Residing at My appointment expires: Second Amendment to City of Port Orchard Lease — 600 Kitsap St Lease Page 3 of 3