The URL can be used to link to this page

Home My WebLink AboutA 197905250697NON -DISTURBANCE AND ATTORNMENT ` AGREEMENT lk:.�ITLZ. AGREEMENT, dated the 14 day of April lg 79 between McDonald's Corporation 0 (hereinafter referred to as Sublessee) and Ln N Anton and Millie Althoff O (hereinafter referred to as Fee Owner). PRELIMINARY STATEMENTS Sublessee has executed a Sublease dated January 1979 with McDonald's Corporation hereinafter referred to as Sublessor), which lease is incorporated herein by reference, for the premises described in Exhibit "A" attached hereto. The Fee Owner has leased the demised premises to the Sublessor by Head Lease dated . The Fee Owner and Sublessee desire hereby to establish certain rights, safeguards, obligations, and priorities with respect to their respective interests by mean: of the following non -disturbance and attornment agreements. NOW THEREFORE, the parties hereto covenant and agree as follows: 1. Fee Owner hereby consents to the execution and delivery of the Sublease. 2. Provided the Sublease is in full force and effect and there are no Hefaults thereunder, then: (a) The right of possession of Sublessee to the Subleased premises and Sutlessee's rights, duties and obligations arising out of the Sublease between Sublessee and Sublessor shall not be disturbed, modified, enlarged, or otherwise affected by the Fee Owner in the exercise of his rights or in the performance of his obligations, or in any other manner under the Head Leese between Fee Owner and Sublessor; nor shall Sublessee be named as a party defendant to any proceedings on account of a default of the Sublessor nor in any other way be deprived of his rights under the Sublease between Sublessor and Sublessee. (b) If the current term of the Head Lease, or any renewal thereof, shall terminate before the expiration of the term of the Sublease, as the Sublease may be renewed in accordance with the terms thereof, the Sublease, if then in existence, shall continue as a lease between Fee Owner, as lessor, and Sublessee, as lessee, with the same force and effect as if Fee Owner, as lessor and Sublessee, as lessee, had entered into a lease as of the date of termination of the Head Lease, containing the same terms. covenants and conditions as those contained in the Sublease. including the rights of renewal thereof, for a term equal to the unexpired term of the Sublease. (c) In the event that any term. provision, covenant or condition of the sublease is or shall be contrary, contradictory, conflicting or silent with respect to any term, condition, provision, covenant or condition of the Head Lease. except as provided above. the Sublease shall control and determine Subiessee's rights, duties and obligations with respect to Sublessee's possession. use and enjoyment of the subleased premises. Mc0-nDFO-2/7E LOIJBIT B Page 1 r` ON U N C 011 r- (d) In the event that the Fee Owner exercises any of his remedies in the event of a default by the Sublessor, as provided for in the Head Lease between Sublessor and Fee Owner, the Sublease between Sublessee and Sublessor shall not be terminated or affected by said default or actions thereunder. The Sublessee covenants and agrees to attorn to the r-te Owner as its new lessor if the Sublessor's rights under the Head Lease between Fee Owner and Sublessor are terminated, and the Sublease between Sublessee and Sublessor shall continue in full force and effect as a direct lease between Sublessee and Fee Owner, upon all the terms, covenants, conditions, and agreements set forth in the lease between Sublessor and Sublessee. However, in no event shall the Fee Owner be: (i) liable for any act or omission of the Sublessor; (ii) subject to any offsets or deficiencies which Sublessee might be entitled to assert against Sublessor; or (iii) bound by any payments of rent or additional rent made by Sublessee to Sublessor for more than one month in advance. 3. The foregoing provisions shall be self -operative and effective without execution of any further instruments on the part of either party hereto. However, Sublessee agrees to execute and deliver to the Fee Owner or to any other person to whom Sublessee herein agrees to attorn such other instruments as either shall request in order to effectuate said provisions. This agreement may not be modified other than by agreement in writing signed L, the parties hereto or by their respective successors in interest. This agreement shall run with the land and in6re to the benefit of and be binding upon the parties hereto and their heirs, administrators, mortgagees, assigns. and successors in title and interest. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed on the day and year first above written. FEE OWNER: ATTEST: WITNESS: SUBLESSEE: FS�DONAL 'S RPORATION 4BY rec or 0 e e Legal uepar-UjW-fit (APPEND ACKNOWLEDGEMENT AND EXHIBIT A) E)GUBIT B Page 2 LEGAL DESCRIPTION That portion of the southwest quarter of the southwest quarter of Section 3, Township 23 North, Range 5 East, W.M., in King County Washington, described as follows: CY*1 Beginning at the southwest corner of said Section 3; thence ® South 88039'01" East along the south line of said southwest 0 quarter of the southwest quarter a distance of 1278.53 feet N to a point 40 feet westerly of the east line of said subdivision; C thence North 1011139" East parallel with the east line of said O` subdivision, and 40 feet westerly of said east line, a distance r of 280.01 feet to the TRUE POINT OF BEGINNING; thence continuing North 1011'39" East 317.84 feet to the southeasterly margin of State Highway SR 900 as conveyed to the State of Washington by deed recorded under Auditor's File No. 7201270090; thence South 70017'03" West along said southeasterly margin a distance of 125.69 feet; thence South 64055'45" West along said southeasterly margin 36.34 feet; thence South 1011'39" West parallel with the east line of said subdivision 256.50 feet; thence South 880391C1" East parallel with the south line of said subdivision 150 feet to the TRUE POINT OF BEGINNING. Situate in City of Renton, County of King, State of Washington. r O, 0 N LO C O1� r11- PARCEL 2 Lessor also grants to Lessee a non-exclusive easement, appurtenant to Parcel 1, throughout the term of this lease and any extension thereof, to cut and/or fill slopes over, upon and across Lessor's adjoining property for a length and at a horizontal to vertical foot ratio acceptable to Lessee to provide lateral support for Lessee's property and the improvements which may, from time to time, be constructed thereon. Lessee agrees to release this easement when the adjoining property of Lessor has bei- de- veloped and improved to approximately the grade elevation of Lessee's property, and when the need for such slope ease- ment becomes unnecessary. Said release shall not be unreason- .1,1- _irhhalA - (Initial) (Initial) (ACKNOWLEDGMENT) STATE OF ILLINOIS COUNTY OF DUPAGE SS: f, Sandra K. Wi 1 I i s , a Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY that Michael .1. Sise, Director of Re_•i listate/Lc iL Dept. and Sempur Cre(.,un:ut Assistant Secretary,of,'k-IX)-K\I.D'S CORPOPNI]ON a Delamire corporation, who are personally known to me to CT be the same persons whose names are subscribed to the foregoing instrument as such Michael J. Sise, Director of Real Estate/Legal., and Seyour Crecnnan ,Assistant Secretary, Ltd respectively, appeared befor6 me this day in person and acknowledged that they signed, seal z f1m delivered the said instrument as their free and voluntary act and as such Di rector of Real a e/Legal C Assistant Secretary, respectively, and as the free and voluntary act of said corporation for the uses Q. and purposes therein set forth. r- Given under my hand and notarial seai, this 7th day of May 19 79 Notary Pubic My commission expires: 5/9/81 (ACKNOWLEDGMENTdNDIVIDUAL) STATE OF COUNTY OF SS: 1, _ 2"Fy_27 ?0 !L a Notary Public in and for the count and state aforesaid, DO HEREBY CERTIFY that Awre,p1 A and + 6.sw� of who (is) (are) personally known to me to be the same person(s) whose name(s) (is) (are) subscribed to the foregoing instrument appeared before me this day in person and acknowledged that (he) (they) signed, sealed and delivered the said insjT"Pt as (h ) (their) free and voluntary act for the uses and purposes therein set forth. ;��I �f! Given under my hand and notarial seal, this day of Mww Nbtary Public (ACKNOWLEDGMENT -CORPORATE ) STATE OF COUNTY OF SS: I. , a Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY that Vice President, and Assistant Secretary of an corporation, who are personally known to me to be the persons whose names are subscribed to the foregoing instrument such Vice President and Assistant Secretary, respectively, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act and as such Vice President and Assistant Secretary, respectively, and as the free and volur.tsry act of said corporation for the uses and purposes therein set forth. Given under my hand and notarial seal, this day of i9__ Notary Public r` (71 ID ) L 7 N O (7` N Im ux" Dip, _ RECORD& & C^V% 1 i