HomeMy WebLinkAboutLUA15-000324_Report 1Department of Comm __ .ty and
Economic Development
PLANNING DIVISION
of
TIER 1 TEMPORARY USE PERMIT
PROJECT NUMBER: LUA15-000324, TP
PROJECT NAME: The 12th Dawg Tier 1 Temporary Use Permit
PROJECT MANAGER: Angelea Wickstrom, Assistant Planner
APPLICANT: Marianne Maricic, The 12th Dawg
15910 182nd Pl NE
Woodinville, 98072
OWNER: Tennessee Group LLC
440 Rainier Ave S
Renton, 98057
LOCATION: 440 Rainier Ave S
DATE OF DECISION: May 19, 2015
DATE OF EXPIRATION: May 19, 2020
DESCRIPTION: The applicant proposes to operate a mobile food truck, The 12th Dawg, at the
Mclendon Hardware store located at 440 Rainier Ave S. The mobile food truck
will be open Monday through Saturday from 7am to 8pm, and Sunday from 8am
to 8pm. The food truck would be parked on site during the time of operation.
The applicant requests an extension of the permit to five years.
The Temporary Use Permit is hereby Approved with Conditions• and subject to the following
conditions.
*CONDITIONS OF APPROVAL:
1. A City of Renton Business license must be obtained prior to operation.
2. All requirements, standards, and permits required of the Seattle -King County Public Health
Department must be met and approved prior to operation.
3. The mobile food truck shall not remain at the permitted location between 12:00 a.m. (midnight) and
5:00 a.m. on a daily basis, except for a special event where a unit is allowed at the same location for
up to seventy two (72) hours.
4. The site occupied by the temporary use shall be left free of debris, litter, or other evidence of the
temporary use upon completion of removal of the use, or when the operation of the use ceases to exist
5. The site occupied by the temporary use shall be restored to the original condition when the use
ceases to exist including restoration of site elements such as, but not limited to, landscaping
vegetation and parking stall striping.
City of Renton Department of Community & Economic Development
The 12th Dawg Tier 1 Temporary Use Permit Temporary Use Permit
DECISION DATE: 05/19/2015
SIGNATURE:
Date
Administrative Temporary Use Permit
LUA15·000324, TP
Page 2 of 2
RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be
reopened by the approval body. The approval body may modify his decision if material evidence not
readily discoverable prior to the original decision is found or if he finds there was misrepresentation or
fact. After review of the Reconsideration request, if the approval body finds sufficient evidence to
amend the original decision, there will be no further extension ofthe appeal period. Any person
wishing to take further action must file a formal appeal within the 14-day appeal time frame.
APPEALS: Appeals of the permit issuance must be filed in writing on or before 5:00 p.m. on June 02,
2015. Appeals must be filed in writing together with the required fee with Hearing Examiner c/o City
Clerk, City of Renton, 1055 S Grady Way, Renton, WA, 98057. Appeals to the Examiner are governed by
City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process
may be obtained from the Renton City Clerk's Office, 425-430-6510.
EXPIRATION: A Temporary Use Permit is valid for up to one year from the effective date of the permit,
unless the Community & Economic Development Administrator or designee establishes a shorter time
frame or an applicant can request that a permit be valid beyond the one year expiration, for up to five
years at the time of application or prior to permit expiration .
EXTENSIONS: Extension requests do not require additional fees and shall be requested in writing prior
to permit expiration to the Department of Community & Economic Development Administrator.
The lih Dawg MobilL od Truck EXHIBIT 1
Hours of Operation: Saturday from 7am to 8pm and Sunday from 8am to 8pm
Location : Mclendon Hardware store located at 440 Rainier Ave S
Applicant requests an extension of permit to 5 years.
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EXHIBIT 2
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EXHIBIT 3
Date: 3/23/2015
Dear Potential Food Vendor,
Thank you for your interest in being a food vendor for Mclendon Hardware, Inc. We are always excited to
entertain new ways to attract customers to our stores.
So that our customers are not disappointed, most vendors will be required to be open every day of the week
(unless another schedule is agreed upon) during peak demand times for your particular food products and/or
all-day on the weekends. We have found that if this doesn't happen, our food vendors are not successful. We
are open from 7am -8pm Monday through Saturday and 8am -8pm on Sunday.
We will supply restroom facilities for any food vendor employees but all other amenities will be negotiable
(power, water, electricity, sewer) and may require capital expenditures by the vendor.
Parking is at a premium at most of our locations so there is usually no room for storage trailers or trucks. We
ask that all food vendor employees park in spaces furthest from the store front doors or off of the property.
This will be negotiated with the Store Manager.
There is no smoking (electronic or otherwise) or any other form of tobacco use allowed on company property
by employees or vendors. This includes in our parking lots and in vehicles parked on company property.
Smoking is allowed on the perimeter city sidewalks.
Due to our no solicitation policy, there can be no donation activities on the premises including but not limited
to food drives where customers are asked to donate to a third party. We allow donations by vendors if
vendors run events that sell a particular product and the net proceeds are donated by the vendor to a charity.
Customer contests and giveaways are allowed.
Certificates of Insurance are required, providing $1,000,000 in liability, naming Mclendon Hardware, Inc. as
additional insured. All permits, licenses and business taxes are the responsibility of the food vendor.
If you have any questions about our policies or your lease, please contact me.
Sincerely,
Gail Mclendon
gail .mclendon (al mclendon s.com
425-264-1545 Office
440 Rainier Ave. S • Renton, WA 98057 • Phone (425) 264-1599 • Fax (425) 264-1511
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EXHIBIT 4
City of Renton
LAND USE PERMIT
MASTER APPLICATION
PROPERTY OWNER(S)
If. ,-Jr.)[ 5Sf! {) R.o ~f LL{,
NAME: .
ADDRESS: 440 f ' ' ' ~.(A. IV\ f(, >' j\ v-(_ s
CITY: ' ' I( D ,1..,+ {,Y, ZIP: '1i OS/
TELEPHONE NUMBER: LflS-1{,L\-lSLJ<;.
APPLICANT (if other than owner)
NAME: fv\A '12..i /\rJNc f1.,1 A A, c, c
M,Q~I Le" rtJOD 11'(11(.i: Q;\W;c"t)
COMPANY (if applicable): Th. l1.. ++, I)a_ ,t I lJiL
l,J
ADDRESS: 1 sq 1 0 I 'cl '2. ,WC> PLA ft I .~ N ,t: •
CITYLj · · OOtuJJ, LL; ZIP: cr1r11_
TELEPHONE NUMBER: [ o& qGJ-<)~)..$
CONT ACT PERSON
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T'll Y\A A ,"A. /i,ro CJ'((_
NAME: f....l.A f-,,'I. rJ ,VC. fv\tH2!(il
COMPANY (if applicable):-1 h ! ;ifkd , e . (;.,I/JI r1 •
J
ADDRESS: I Sq ! O ,i 2"'{) PLA(f tJ[.
CITY: lJoub /y,)Jil t f ZIP: 9"8''iJlZ.
TELEPHONE NUMBER AND EMAIL ADDRESS:
' ~Ob qlt~ -Olf';).$ l-\1'1('.141'11/C: C 0
'l.Oi, G~;_i-()231 iO'M
1\.1 e. ! 2-th tAwJ @.AO l-. Com '
....
PROJECT INFORMATION
PROJECT OR DEVELOPMENT NAME:
fl ('.,t.£11.>Cgt.J's, 4Aiet,t,..iAf.£ S"t .{
PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE:
44 o R.A1rJJ E'fc A,J&Ji,E. Sov\JW
R~)·vfvr--l, WA· q 8VS5
KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S):
EXISTING LAND USE(S):
RetAsL '
PROPOSED LAND USE(S):
11\-R.k fi1 OS,/Lf fV'oC TRvvk \/\ r/1))\,+ S1'li€t
EXISTING COMPREHENSIVE PLAN MAP DESIGNATION:
PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION
(if applicable)
EXISTING ZONING: c~
SITE AREA (in square feet):
SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE
DEDICATED: Wah
SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS:
N t!l0t
PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET
ACRE (if applicable) ,J ) fs
NUMBER~ P f ;OSED LOTS (rf applicable)
------l
DWELLING UNITS (if applicable):
~JECT INFORMATION con ed =.=c=, __________ ~
NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE:
SQUARE FOOTAGE OF PROPOSED RESIDENTIAL
BUILDINGS (if applicable):
IS THE SITE LOCATED IN ANY TYPE OF
ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE
SQUARE FOOTAGE (if applicable):
SQUARE FOOTAGE OF EXISTING RESIDENTIAL
BUILDINGS TO REMAIN (if applicable):
SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL
BUILDINGS (if applicable):
SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL
BUILDINGS TO REMAIN (if applicable):
NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if
applicable):
NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW
PROJECT (if applicable):
--------------
D AQUIFIER PROTECTION AREA ONE
D AQUIFIER PROTECTION AREA TWO
D FLOOD HAZARD AREA
D GEOLOGIC HAZARD
D HABITAT CONSERVATION
D SHORELINE STREAMS & LAKES
D WETLANDS
LEGAL DESCRIPTION OF PROPERTY
(Attach lec::ial description on separate sheet with the followinc::i information included)
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
SITUATE IN THE QUARTER OF SECTION __ , TOWNSHIP __ , RANGE __ , IN THE CITY
OF RENTON, KING COUNTY, WASHINGTON
AFFIDAVIT OF OWNERSHIP
C::>Ct\ t i\i\ '-L-i-,v...-
1, (Print Name/s) i\tt i LA,'C',.: ,\ I\,\ c Lf~ , declare under penalty of perjury under the laws of the State of
Washington that I am (please check one) .::K_ the current owner of the property involved in this application or __ the authorized
representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein
contained and the information herewith are in all respects true and correct to the best knowledge and belief.
Signature of Owner/Representative Date ative Date
STATE OF WASHINGTON )
) ss
COUNTYOFKING ) {\J).,Lh.i,e,{ ivFLtv~ 'it
I certify that I know or have satisfactory evidence that G~ a. < / JV/<. L € v, cl., ,·, signed this instrument and
acknowledge it to be his/her/their free and voluntary act for the uses and purpose mentioned in the instrument.
Dated 1
s/11//s·
Notary Public in and for the State of Washington
Notary (Print):
My appointment expires:
2
H :\CED\Data\Fo rms-T emplates\Se If ·Help Handouts\Pla n n i ng\Master Application. doc Rev: 02/2015
Department of Commu .... y and
Economic Development
PLANNING DIVISION
TIER 1 TEMPORARY USE PERMIT
PROJECT NUMBER: LUA15-000324, TP
PROJECT NAME: The 12th Dawg Tier 1 Temporary Use Permit
PROJECT MANAGER: Angelea Wickstrom, Assistant Planner
APPLICANT:
OWNER:
LOCATION:
DATE OF DECISION:
Marianne Maricic, The 12th Dawg
15910 182nd Pl NE
Woodinville, 98072
Tennessee Group LLC
440 Rainier Ave S
Renton, 98057
440 Rainier Ave S
May 19, 2015
CONCURRENCE
DATE S-1'1-15°'
NAME
Jennifer T. Henning
Vanessa Dolbee
DATE OF EXPIRATION: May 19, 2020
DESCRIPTION: The applicant proposes to operate a mobile food truck, The 12th Dawg, at the
Mclendon Hardware store located at 440 Rainier Ave S. The mobile food truck
will be open Monday through Saturday from 7am to 8pm, and Sunday from 8am
to 8pm. The food truck would be parked on site during the time of operation.
The applicant requests an extension of the permit to five years.
The Temporary Use Permit is hereby Approved with Conditions• and subject to the following
conditions.
*CONDITIONS OF APPROVAL:
1. A City of Renton Business license must be obtained prior to operation.
2. All requirements, standards, and permits required of the Seattle -King County Public Health
Department must be met and approved prior to operation.
3. The mobile food truck shall not remain at the permitted location between 12:00 a.m. (midnight) and
5:00 a.m. on a daily basis, except for a special event where a unit is allowed at the same location for
up to seventy two (72) hours.
4. The site occupied by the temporary use shall be left free of debris, litter, or other evidence of the
temporary use upon completion of removal of the use, or when the operation of the use ceases to exist
5. The site occupied by the temporary use shall be restored to the original condition when the use
ceases to exist including restoration of site elements such as, but not limited to, landscaping
vegetation and parking stall striping.
FOOD VENDOR LEASE
McLendon Hardware, Inc. ("Landlord") leases to Marianne Maricic dba The 12th
Dawg("Tenant") and Tenant leases from Landlord space for food vending on the following terms:
1. PREMISES. The leased space is described as that certain portion (the "Premises") of the
McLendon Hardware property located at 440 Rainier AVES, Renton, Washington 98057 (the
"Site"), according to the Site Plan attached as Exhibit A.
2. TERM. The term of this Lease is for Sixty (60) months commencing the date the
Premises are authorized for Tenant's use pursuant to paragraph 11 below (the "Commencement Date")
and terminating Sixty (60) months thereafter (the "Termination Date"). Upon the effective date of any
termination of this Lease all obligations owing by either party to the other shall terminate, except for
those obligations that expressly survive termination.
3. OPTION TO RENEW. If Tenant is not in default, and if Landlord has not given Tenant
at least sixty (60) days written notice of Landlord's election to terminate Tenant's option to renew,
Tenant may renew the Lease for a Sixty (60) month term by giving written notice thereof to Landlord at
least sixty (60) days before the Termination Date.
4. RENT AND OTHER CHARGES.
A. INITIAL TERM. Tenant will pay Landlord, at Landlord's address for notice, rent
in the amount of One Dollar ($1.00), commencing on the Commencement Date and continuing on the
first day of each month during the initial term of this Lease, without prior notice or offset. If the
Commencement date is other than the first day of the month, rent for that month shall be prorated based
on the percentage of days left in the month. In addition to the monthly rent, Tenant is also responsible
for timely payment of insurance for Tenant's own personal property and comprehensive liability, and
taxes attributable to Tenant's use of the Premises, as set forth in paragraphs 16 and 19 below.
5. LATE PAYMENT AND INTEREST. If any amount due from Tenant hereunder is not
received by Landlord by the date such amount is due, a late charge of five percent (5%) of the amount
due shall be charged for each additional five (5) day period that Tenant is delinquent.
6. SELF-CONTAINED UNIT. Except as otherwise provided herein, Tenant will provide
its own self contained unit from which to operate on the Premises in compliance with local law for the
uses permitted herein. Tenant is responsible for maintaining the unit and its contents in good, clean and
sanitary condition. Upon termination of this Lease, Tenant may relocate the unit at Tenant's expense
and restore the Premises to their condition prior to Tenant's use of the Premises at Tenant's sole
expense, normal wear and tear excepted. Tenant shall contract with a contractor approved by Landlord
for work performed pursuant to this paragraph. All such work shall be completed free of any lien claims.
Alterations may become part of the Premises and belong to Landlord upon tem1ination of the Lease at
Landlord's discretion. If not so made a part of the Premises at such time, the alterations shall be
removed at Tenant's own cost.
7. FACILITIES. At no extra charge, Landlord shall provide Tenant access to a dumpster,
FOOD VENDOR LEASE PAUE I or 10
restrooms and mop sink at the Site during normal business hours of the primary business operating at the
Site. Tenant shall at Tenant's expense maintain the Premises (including sidewalks and garbage cans
within a 20 ft. radius of the food stand) in broom-clean condition and free of litter. Any waste water
cannot be dumped on the sidewalk or in the parking lot.
8. SECURITY. Tenant is solely responsible for properly securing its self-contained if left
unattended at any time. Landlord is not responsible for any losses.
9. DELAY IN DELIVERY OF POSSESSION. If Landlord cannot deliver possession of the
Premises to Tenant on the Commencement Date, this Lease shall not be void or voidable, nor shall
Landlord be liable to Tenant for any loss or damage resulting there from, but there shall be a
proportionate reduction of rent covering the period between the Commencement Date and the time when
Landlord delivers possession. The Lease term shall be extended by such delay.
10. USE OF PREMISES. The Premises may be used only as a food vendor outlet, including
sales of hot dogs, hot links, hamburgers, chili, macaroni and cheese, grilled cheese sandwiches,
potato dishes, egg dishes, soft drinks, coffee, tea, juice, hot chocolate, apple cider, chips, danish and
other related items, and for no other purpose, without Landlord's prior written consent. Tenant shall
promptly comply with all laws, ordinances, orders, and regulations affecting the Premises and their
cleanliness, safety, occupation and use. Tenant will not perform any act or carry on any practice that
may injure the Premises or be a nuisance or menace to adjoining tenants. Upon termination of the Lease,
Tenant shall return the Premises in good condition (normal wear and tear excluded).
11. CONTINGENCY. Tenant's obligations under this Lease are contingent upon Tenant
obtaining all applicable permits or variances required by local, state, or federal law for Tenant's intended
use of the Premises. If Tenant is unable to obtain such permits or variances, or ifat any time during the
term of this Lease Tenant is lawfully prevented from using the Premises for Tenant's intended use, then
Tenant may terminate this Lease by giving Landlord not less than ten (l 0) days written notice of
termination.
12. UTILITIES. Landlord shall not provide Tenant with any utilities (phone, internet, water)
except for one I I Ov and 220v power outlet.
13. ACCEPTANCE OF PREMISES. Prior to taking possession of the Premises Tenant
examined the Premises and accepted them as being in the condition called for by this Lease.
14. ALTERATIONS, MECHANICS' LIENS. Alterations may not be made to the Premises
without the prior written consent of Landlord. Tenant will submit requests to alter the Premises to
Landlord in writing with plans showing the proposed work. If Landlord properly consents to any such
request, Tenant shall contract with a contractor approved by Landlord for construction of the alterations.
All such work shall be completed free of any lien claims. Alterations may become part of the Premises
and belong to Landlord upon termination of the Lease at Landlord's discretion. If not so made a part of
the Premises at such time, the alterations shall be removed at Tenant's own cost.
15. QUIET CONDUCT AND POSSESSION. Neither Tenant nor Landlord shall commit or
suffer any waste upon the Premises or any nuisance or other act or thing which may disturb the quiet
FOOD VENDOR LEASE PAGE2m 10
enjoyment of any business on the Site. Tenant's right to quiet possession of the Premises shall not be
disturbed if Tenant is not in default, unless this Lease is otherwise terminated pursuant to its terms.
Landlord shall not interfere with Tenant's customers' use of the Premises.
16. INSURANCE. Nothing shall be done at the Premises that will increase the existing rate
of insurance upon the Site or violate the terms of any insurance policy covering the Site. Tenant will
pay Landlord the amount of any such increase caused by Tenant. Tenant, at its own expense, shall
maintain with companies acceptable to Landlord, insurance for the benefit of Landlord and Tenant
jointly in the amount of at least One Million Dollars ($1,000,000) per occurrence for liability from
injuries to or death ofa person, and in the amount ofat least One Hundred Thousand Dollars ($100,000)
per occurrence for fire legal liability from damage to property. Tenant shall furnish Landlord with a
certificate of such policy within 30 days of the Commencement Date and whenever required shall satisfy
Landlord that such policy is in full force and effect. Such policy shall: (a) name Landlord as an
additional insured; (b) be primary and non-contributing with any insurance carried by Landlord; ( c)
provide that it shall not be canceled or altered without twenty (20) days prior written notice to Landlord;
and (d) provide that the insurer waives all right of recovery by way of subrogation against Landlord in
connection with any damage covered by such policies.
17. INDEMNIFICATION BY TENANT. Tenant shall indemnify and hold harmless
Landlord against and from any claims arising from the conduct of Tenant's business or from anything
permitted by Tenant at or about the Premises and shall further indemnify and hold harmless Landlord
against and from any claims arising from a default by Tenant of this Lease, or arising from any act or
omission of Tenant, or of its agents or employees, and from and against all costs, attorney's fees, and
liabilities, incurred in or because of such claim or any action or proceedings brought against Landlord by
reason of any such claim. Tenant, upon notice from Landlord shall defend the same at Tenant's expense
by counsel reasonably satisfactory to Landlord. Tenant assumes all risk of damage to property or injury
to persons in or about the Premises from any cause whatsoever except that which is caused by the failure
of Landlord to observe any of the terms and conditions of this Lease and such failure has persisted for an
unreasonable period of time after written notice to Landlord of such failure. The obligations of Tenant
under this paragraph arising by reason of any occurrence taking place during the term of this Lease shall
survive termination of this Lease. Notwithstanding the above, Tenant does not indemnify Landlord from
claims arising from Landlord's negligent acts.
18 SIGNS. Tenant may place signs on the Premises and the Site only with the prior written
consent of Landlord, which consent shall not be unreasonably withheld. Tenant will pay for its own
signage. Any signs not in conformity with this Lease may be immediately removed and destroyed by
Landlord, and Tenant shall reimburse Landlord for the cost of such removal and destruction.
19. TAXES. Tenant shall pay before delinquent any tax, assessment, fee, or public charge
payable for any time during the Lease term because of Tenant's sales or Tenant's fixtures, furniture,
appliances and personal property installed or located at the Site. Tenant will pay all taxes imposed
because of the rent payable hereunder, whether as a so-called sales tax, transaction privilege tax, excise
tax, or otherwise (but no income or real property taxes shall be paid by Tenant). If such taxes are
assessed to Landlord, they shall be due and payable from Tenant at the same time as and in addition to
each payment ofrent.
FOOD VENDOR LEASE PAGE 3 OF 10
20. ABANDONMENT. Tenant shall not permit the Premises to remain unoccupied for a
period longer than fifteen (15) consecutive days during the term of this Lease. If Tenant shall abandon,
vacate, or surrender the Premises, or be dispossessed by process of law, or otherwise, any personal
property belonging to Tenant and left on the Premises shall, at the option of Landlord, be deemed
abandoned.
21. ASSIGNMENT, SUBLETTING AND ENCUMBERING.
A. BY LANDLORD. Landlord may assign all or any part of its interest in this
Lease, including the rental herein provided, to any person, partnership, corporation, or bank, and Tenant
agrees when notified in writing by the assignee of such assignment to make the rental payments to
assignee under the terms of said assignment.
B. BY TENANT. Tenant shall not assign or encumber any interest in this Lease;
and shall not further lease any part of the Premises, or allow any other persons (agents and servants of
Tenant excepted) to occupy or use any portion of the Premises without the prior written consent of
Landlord, which consent shall not be unreasonably withheld. Consent to one assignment, subletting,
occupation, or use by any other person shall not be deemed to be consent to any subsequent assignment,
subletting, occupation, or use by another person.
C. OTHER. The voluntary or other surrender of this Lease by Tenant, or mutual
cancellation thereof, may, at the option of Landlord, terminate all or any existing sub tenancies, or may,
at the option of Landlord, operate as an assignment to it of any or all of such sub tenancies.
22. INSOLVENCY OF TENANT. Either (a) the appointment of a receiver to take
possession of all or substantially all of the assets of Tenant, (b) a general assignment by Tenant for the
benefit of creditors, or (c) any action taken or suffered by Tenant under any insolvency or bankruptcy
act shall, if any such appointments, assignments or action continues for a period of thirty (30) days,
constitute a breach of this Lease by Tenant and Landlord may without notice, terminate this Lease and
be entitled to immediate possession of the Premises and damages as provided below.
23. DEFAULT. The following shall be events of default:
A. DEFAULT IN RENT. Failure of Tenant to pay any rent or other charges within
ten (I 0) days after \l,Titten notice that such payment was not received when it is due.
B. DEFAULT IN OTHER COVENANTS. Failure of Tenant to comply with any
obligation of the Lease after written notice from Landlord of such default and a reasonable cure period
( e.g. thirty (30) days with additional time for those events of default not reasonably subject to cure
within thirty (30) days).
24. REMEDIES ON DEFAULT. Tenant may terminate this Lease after ten (10) days =itten
notice to Landlord if Landlord fails to cure a default by Landlord in the Lease following thirty (30) days
written notice to Landlord of such default. Should Landlord at any time terminate this Lease for any
breach by Tenant, in addition to any other remedy it may have, it may recover from Tenant all damages
it may incur by reason of such breach.
FOOD VENDOR LEASE PAGE40f 10
25. ATTORNEYS' FEES AND COLLECTION CHARGES. In the event of any legal action
or proceeding between the parties hereto, reasonable attorney's fees and expenses of the prevailing party
in any such action or proceeding may be added to the judgment therein.
26. CONDEMNATION. If any part of the Premises shall be taken or condemned for a public
or quasi-public use, Tenant may terminate this Lease with not less than thirty (30) days written notice to
Landlord. If Tenant chooses not to terminate the Lease, then the rent payable hereunder shall be
adjusted so that the Tenant shall be required to pay for the remainder of the term only such portion of
such rent as the number of square feet in the part remaining after the condemnation bears to the number
of square feet in the Premises at the date of condemnation. If a part or all the Premises be taken or
condemned, all compensation awarded for such condemnation or taking shall be apportioned to
Landlord and Tenant based on the ratio of Tenant's expense to relocate its business on the Premises
divided by the value of the Premises with the business on it.
27. NOTICES. All notices, statements, demands, requests, consents, approvals,
authorizations, offers, agreements, appointments, or designations under this Lease by either party to the
other shall be in writing and shall be sufficiently given and served upon the other party, if sent by
certified mail, return receipt requested postage prepaid to the addresses below their respective signatures
below.
28. NO WAIVER. The failure of any party to enforce any breach of this Lease by the other
party shall not be a waiver of any subsequent such breach.
29. HOLDING OVER. If Tenant remains in possession of the Premises after the expiration
of the Lease term without executing a new Lease, then such holding over shall be construed as a tenancy
from month to month, subject to all the conditions of this Lease insofar as the same are applicable to a
month-to-month tenancy; provided, however, that the rental shall be equal to one hundred fifty percent
(150%) of the highest regular monthly rental payable by Tenant during the term of this Lease, including
any renewals. If a month-to-month tenancy results from a holdover by Tenant under this paragraph, the
tenancy shall be terminable at the end of any monthly rental period on written notice from Landlord not
less than thirty (30) days prior to the termination date specified in the notice. Tenant waives any notice
otherwise required by law with respect to a month-to-month tenancy.
30. LANDLORD'S RIGHT TO PERFORM. If Tenant fails to comply with any of the terms
of this Lease to be performed by Tenant, Landlord may perform such obligation for Tenant, and
thereafter demand from Tenant repayment for the same, with interest thereon at the rate of twelve
percent ( 12%) per annum from the date of the performance of such obligation by Landlord until the date
of the making of the payment to Landlord by Tenant.
31. ESTOPPEL CERTIFICATES. Within ten (10) days following any written request from
Landlord, Tenant shall deliver to Landlord a statement certifying (a) the date of commencement of this
Lease, (b) the fact that this Lease is unmodified and in full force and effect (or, if there have been
modifications hereto, that this Lease is in full force and effect, as modified, and stating the date and
nature of such modification); (c) the date to which the rent and other sums payable under this Lease have
been paid; ( d) the fact that there are no current defaults under this Lease by either Landlord or Tenant
FOOD VENDOR LEASE PAGE 5 OF 10
except as specified in Tenant's statement; and ( e) such other matters requested by Landlord.
32. OWNER'S CONSENT. A written consent of the owner of the Site ("Owner") is attached
as Exhibit "B". If Landlord's lease of the Site is terminated, this Lease shall continue with Owner
taking over as Landlord as defined herein.
33. MISCELLANEOUS.
A. Whenever the singular number is used in this Lease and when required by the
context, the same shall include the plural. Whenever the masculine gender is used in this Lease the same
shall include the feminine and neuter genders. Whenever the word "person" is used in this Lease the
same shall include corporation, firm, or association. If there be more than one Tenant, the obligations
imposed upon Tenant under this Lease shall be joint and several.
B. The headings or titles to paragraphs of this Lease are not a part of this Lease and
shall have no effect upon the construction or interpretation of any part of this Lease.
C. This instrument contains all of the agreements and conditions made between the
parties to this Lease and may not be modified orally or in any other manner than by agreement in writing
signed by all parties to this Lease.
D. Time is of the essence of each term of this Lease.
F. Where the consent of a party is required, such consent will not be unreasonably
withheld.
G. This Lease is subject to all state, county, city, and municipal codes.
FOOD VENDOR LEASE PAGE60f 10
IN WI1NESS WHEREOF, Landlord and Tenant have executed this Lease as of the day and year
set forth below next to their respective names.
LANDLORD:
McLendon Hardware, Inc.
A:ttl,fll)'.] I~
Gail Mc endon, President
Dated:
Address: 440 Rainier Avenue South
Renton, WA 98057
425-264-1545
moo VENDOR LEASE
TENANT:
dba The 12th Dawg
Address: 15910 182nd Place N.E.,
Woodinville, WA 98072
Phone: 206 962-0425
Tom Amato@206 962-0837
Email: the12thdawg@aol.com
PAGE 7 OF 10
State of Washington )
)ss
County of fr'"/-,_ c )
On this day personally appeared before me Gail McLendon and Michael McLendon, to me known
to be the President and Vice President ofMcLendon Hardware, Inc., the company described herein and
that executed the within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated
that they are authorized to execute said instrument on behalf of said company.
Dated: ;;'//S//s
State of Washington )
)ss
County of l~l"j )
P~f~~~~~-'
Notary Public in and for ~;., s & ...-,
Residing at 'B, c ..-,, h '°"
Commission expires f / ;l.. 'i(/5
On this day personally appeared before me Marianne Maricic, to me known to be the sole
proprietor of The 12•h Dawg, the company described herein and that executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of said company,
for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said
instrument on behalf of said company.
Dated: o~/11/t~l'>
Notary Public
State of Washington
COREY J BARKER
--
My Appointment Expires Jun 11, 2018
--
FOOD VENDOR LEASE
Pri ame:
Notary Public in and for --'W----=---c. __ _
Residing at \.\)~oe\.,.,~\\~
Commission expires 01,,/ 11/ 1,<018
PAGE80F 10
EXHIBIT "A"
Site Plan
Outside portion of the front sidewalk apron located south of the main entrance doors.
FOOD VENDOR LEASE PAGE90F 10
EXHIBIT "B"
Property Owner's Consent to Lease
We, Gail McLendon and Michael McLendon, as authorized representatives of Tennessee Group, L.L.C.,
the owner of the real property located at 440 Rainier AVE S, Renton, Washington 98057 declare that
Tennessee Group, L.L.C. consents to the lease between The 12 1h Dawg as Tenant and McLendon
Hardware Inc. as Landlord, dated S/ 11-/ 10 \ .$ .
TENNESSEE GROUP, L.L.C.
By: Gail M4endon, Manager
L~
By:
Date: ----'=S'--'-l '----11...-_,J-=-'W-=--.!.:\5"'--. ___ _
Address: 440 Rainier Avenue South
Renton, WA 98057
State of Washington )
)ss
County of J< 1-"l f )
On this day personally appeared before me Gail Mc Lendon and Michael McLendon, known to me
to be the Managers of Tennessee Group, L.L.C., the company described in and that executed the within
and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of
said company, for the uses and purposes therein mentioned, and on oath stated that they are authorized to
execute said instrument on behalf of said company.
Dated: $ ,'(/)/;_)
FOOD VENDOR LEASE
~~-,~
Notary Public in and for }(/-,., /!o
Residing at 'l? c ---. fi:, rt 1
Commission expires '2/;2 $ (/ 5
PAGE 10 OF 10
DEPARTMENT OF COM MU 'f
AND ECONOMIC DEVELOPMENT
ABATEMENT AGREEMENT
TEMPORARY USE
City of Renton Planning Division
1055 South Grady Way, Renton, WA 98057
Phone: 425-430-7200 Fax: 425-430-7231
I, _M~~A~~~1~fW __ r,J~t~"-----,M,____.~A~6~l~f~A~C~----being the Applicant for the Temporary Use Permit at
the Location of:
IU c f£ klD ol\/-',, ld.ARD..,J'Afl£ , LJ Liv RA ,rJ1~~ P:N(;}JIJii: ;i;I R1:-f\Jlt},v LvA q ~S-J ·. ~ } .
Hereby authorize the City of Renton to summarily eliminate the Temporary Use and all evidence of the use if it
has not been removed as required by the terms of the permit. I also agree to reimburse the City for any expense
incurred in abating this Temporary Use.
Signature: -----rr1aA,I Ati M '111 :JYlaN ~ (_
Print Name: MAR1A,,.JrJ'E /l1, rvlAR1 CA t
Date:
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that /1t'\o,c,'l\n0e M1J.c ,c.·1.;, signed this instrument
and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated: 5"-ll.-1:>
----
Notary Public
State o! Washington
COREY J BARKER
/
1
Notary (Print): __,(n""'-",.""~4----__.~..,:.r,.____,,W""'---------
My Appointment Expires Jun 11, 2018
j -----------""My appointment expires: __,O'--'l."'l/'---'1----'1__._/--=z.:=-o,..;I i',._ __ --
-2 -
H:\CED\Data\Forms-Templates\Setf-Help ~andouts\Planning\Temporary Use Tier 1.doc 08112
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I
Public Healthl~fl
Seattle & King County L'tl
PERMIT NO.
PIE
PR0084684
6783
Permanent Food -Risk Based
PERMIT
Mobile Food Unit -Risk Category
III
GRANTED TO THE 12 DA WG @ 18660 WOODINVILLE DUVALL RD
LOCATION 15634 NE 96TH PL
REDMOND, WA 98052
FORAPERIODBEGINNING 4/1/2015 ANDENDING 3/31/2016
MAILING ADDRESS
THE 12TH DA WO
C/0 MARlANNE MARICIC
15910 182ND PL NE
WOODINVILLE, WA 98072
DATED 5/8/2015 BY
SUBJECT TO ALL ST A TE LAWS, COUNTY BOARD OF HEAL Tl! RULES AND REGULA IONS, AND/OR CITY OR COUNTY
ORDINANCES PERT A IN ING TIIBRIITO. IBIS PERMIT MAY BE SUSPENDED OR REVOKED UPON VIOLATION BY THE
HOLDER OF ANY OF Tiffi TERMS OF THESE KEGUIATIONS. TI-US PERMIT IS NOT TRANSFERABLE AND MUST BE POST.ED
IN A CONSPICUOUS PLACE. THIS PERMIT IS NOT V ALJD UNLESS SIGNED BY OPERA TOR. NEW OWNERS MJJ::,.T APPi ,Y
AND PAY FOR A NEW PERMIT BEFORE BEGINNING OPERATION
X1,,,A
, . ' I/ o ,'.) 1. jyf)-,.,,;:])'.\.G " .1 c , ,
~ -OPERATOR SIGNATURE
BUSINESS LICENSE
sole Proprietorship
unified Business ID#: &OJ 391 927
Business ID#: 1
MARIANNE MARIE MARICIC
THE 12TH DAWG
15910 1B2ND PL NE
WCXJDINVILLE ~A 98072
TAX REGISTRATION
REGISTERED TRADE NAMES,
THE 12TH DAWC
This document lists the registrations, endorsements, and licenses .authorized for the business
named abcwe. By accep(ingthisdocument, the licenseecertifiesfle nform.dionon the-applkal:ion
was complete, true, and accurate tothebe;tof hisor her know-ledge, and that business will be
conducted in compli.nce with •II applicable Washington state, COlfflty, and city regula1ions.
LocaLion: 1
Director, ~ment of Revenue