HomeMy WebLinkAboutAmazon Parking Agreement Executed 05.20.19LEASE
AGREEMENT
THIS LEASE AGREEMENT (the "Lease"), is made and entered into this ,?Jr day of PUV11y, 2019,
by and between Triton Towers Acquisitions Partners LLC ("Project Manager"), having an address at 555 Sou h Renton
Village Place, Suite 100, Renton, Washington 98057, and Amazon.com Services Inc. having an address at 410 Teny
... Ave, .N.Seattle, .WA 9810915210
RECI'TALS
1. Landlord is the owner of that certain parking lot located at 700 South Renton Village Place, Renton,
Washington 93057 (the "Parking Facility"). The Parking Facilities are part of that certain office project.commonly
known as "Triton Towers" (the "Project").
2. Tenant desires to use Two Hundred Fifty (250) parking spaces in the location depicted oil Exhibit A
attached hereto to be utilized for providing additional parking spaces to Tenant's employees, agents and
contractors in the Parking Facilities and for no other purpose whatsoever (tine "Services").
NOW, THEREFORE, in consideration of the above recitals and the mutual agreement of the parties,
the sufficiency of which is hereby acknowledged, Landlord and Tenant agree as follows:
1. Lease of Premises: Term. As of the Commencement Date (as defined herein), subject to the
terms and conditions contained herein, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord
those portions of the Parking Facilities designated on Exhibit A attached hereto and made a part hereof (the
"Premises"), for the sole purpose of providing additional parking spaces to Tenant's employees, agents and
contractors. Tenant may use the parking spaces located on those portions of the Parking Facilities shown on
Exhibit A for parking of personal cars, vehicles, and van parking. The tern of this Lease shall commence on
June 1, 2019 (tine "Commencement Date") and shall end on August 31, 2019 (the. "Terni"), and shall thereafter
automatically renew as a month4o-month lease terminable by either party upon thirty (30) days' prior written
notice to the other party, unless L''itndlord provides written notice to Tenant by July 31, 2019 that the Tenii cannot
be extended beyond August 31, 2019. Upon the expiration or earlier termination of this Lease, Tenant shall
remove any and all vehicles and personal property from the Premises and shall leave. the Premises in a neat and
clean condition, ordinary wear and tear and casualty excepted. If Tenant shall fail to remove any vehicles or
personal property upon the expiration or earlier termination of this Lease as required by the foregoing sentence,
then, without waiving any of Landlord's rights hereunder, Landlord shall have the right (but not the obligation)
to remove such property fi•om the Premises at Tenant's sole cost and expense (including Landlord's management
fee), without any liability to Landlord. Tenant agrees to maintain the Premises in a neat, clean and safe condition
and in good repair, to Landlord's reasonable satisfaction, and to use the Premises in a manner which does not
create a hazard or unreasonable disturbance to any other tenants or occupants of the Project, or to the public, in
Landlord's reasonable determination. Tenant shall not obstruct access to or the use of surrounding common areas
of time Project. Tenant hereby accepts the Premises in its as -is condition and acknowledges and agrees that neither
the Premises nor the Project have been inspected by a Certified Access Specialist (CAS): Tenant shall not be
permitted to alter, modify or improve the Premises. Upon expiration or earlier termination of this Lease, Tenant
shall surrender the Premises to Landlord in the same condition as provided to Tenant by Landlord (ordinary wear
and tear and casualty excepted), and otherwise in good, clean and vacant condition: Tenant shall be responsible,
at Tenant's sole cost and expense, for providing security in connection with its use of the Premises, for monitoring
the authorized use of the Premises and for removing any unauthorized vehicles or persons from the Premises.
2. Rent. Tenant agrees to pay Landlord a monthly rental charge in the amount of $25,000 per
month for use of the Premises, payable in advance on the first (Ist) day of each month.
3. Insurance. Tenant shall, at all times during the Tenn of this Lease, and at its own cost and
expense, maintain insurance policies, with responsible companies licensed to do business in the state where the
Project is located and reasonably satisfactory to Landlord, all risk (or "special causes of loss form") property
insurance which shall be primary. on Tenant's personal property, including its cart, goods, equipment and
inventory, in an amount adequate to cover their replacement cost; and (ii) commercial general liability insurance
ori an occurrence basis with limits of liability in an amount not less than One Million Dollars ($1,000,000)
combined single limit for each occurrence, and Two Million Dollars ($2,000,000) in the annual aggregate, and
(iii) Worker's Compensation Coverage as required by law, and (iv) Comprehensive automobile liability
0AE NI AL -1-
4816-8109-0967v3 0100019.000002
insurance covering all owned, non -owned and hired automobiles used by Tenant and Tenant's employees, agents
and contractors, with limits of liability of not less than $1,000,000 each occurrence combined single limit bodily
injury and property damage. Tenant shall name Landlord, Landlord's Project Manager (Hines Interests Limited
Partnership), and any mortgagee of Landlord, as additional insureds on Tenant's commercial general liability
and automobile liability insurance policies required to be held by Tenant hereunder.
Tenant hereby delivers its online Memorandum of Insurance (available at www.anlazon.com/moi) as
evidence of the insurance coverage set forth above.and in lieu of any -certificate -of insurance._Tenatit
shall give Landlord (30) days' notice prior to the expiration of the insurance policies required to be held
by Tenant hereunder.
Landlord and Tenant each agree that neither Landlord nor Tenant will have any claim against the other
for third -party liability and any loss or damage that may occur to the Premises, or any improvements
thereto, or any personal property of such party therein, by reason of fire, the elements, or any other cause
to the extent that such rights of recovery, claim, action or cause of action is or would be covered by
insurance required to be carried by either party under this Lease and for which recovery from such
insurer is made, notwithstanding the negligence of either party in causing the loss, and each agree to
have their respective insurers issuing the insurance described in this Section 3 waive any rights of
subrogation that such companies may have against the other party. This release shall be valid only if the
insurance policy in question permits waiver of subrogation or if the insurer agrees in writing that such
waiver of subrogation will not affect coverage under said policy. Each party agrees to use commercially
reasonable efforts to obtain such an agreement from its insurer if the policy does not expressly permit a
waiver of subrogation.
4. INDEMNITY. EXCEPT TO THE EXTENT RESULTING FROM THE GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OF A LANDLORD PARTY (DEFINED BELOW), TENANT
AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE LANDLORD AND LANDLORD'S
AGENTS, MEMBERS, PARTNERS, REPRESENTATIVES, OFFICERS, AFFILIATES, SHAREHOLDERS,
CONTRACTORS, LENDERS, AND EMPLOYEES (EACH, A "LANDLORD PARTY", AND
COLLECTIVELY, THE "LANDLORD, -PARTIES") FROM ALL SUITS, ACTIONS, CLAIMS, DEMANDS
DAMAGES OR LOSSES, EXPENSES AND/OR COSTS OF ANY KIND AND DESCRIPTION TO WHICH
THE LANDLORD MAY BE SUBJECTED TO BY REASON OF INJURY (INCLUDING DEATH) TO
PERSONS OR DESTRUCTION OF PROPERTY, INCLUDING THE LOSS OF USE RESULTING
THEREFROM, IN CONNECTION WiTH OR RESULTING FROM USE OF THE PREMISES OR THE
COMMON AREAS OF THE PROJECT BY TENANT OR TENANT'S AGENCTS, CONTRACTORS,
EMPLOYEES, LICENSEES, REPRESENTATIVES, CUSTOMERS, GUESTS AND INVITEES (EACH, A
"TENANT PARTY" AND COLLECTIVELY, THE "TENANT PARTIES") OR OUT OF THE ACTS,
OMISSIONS OR WILLFUL MISCONDUCT OF TENANT OR ANY TENANT PARTY, OR ARISING OUT
OF TENANT'S BREACH OF ANY COVENANT CONTAINED IN THIS LEASE. TENANT AGREES TO
OBTAIN ALL REQUIRED PERMITS AND APPROVALS (IF ANY) WITH RESPECT TO TENANT'S USE
OF THE PREMISES, AND TO COMPLY WITH ALL APPLICABLE LAWS, CODES AND ORDINANCES
PERTAINING TO THE PREMISES OR REQUIRED FOR THE CONDUCT OF TENANT'S BUSINESS.
FURTHER, LANDLORD SHALL NOT BE LIABLE TO TENANT FOR ANY DAMAGE BY OR FROM ANY
ACT OR NEGLIGENCE OF ANY CO -TENANT OR OTHER OCCUPANT OF THE BUILDING, OR BY
ANY OWNER OR OCCUPANTS OF ADJOINING OR CONTIGUOUS PROPERTY. LANDLORD SHALL
NOT BE LIABLE FOR ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY RESULTING IN
WHOLE OR IN PART FROM (A) THE CRIMINAL ACTIVITIES OR WILLFUL MISCONDUCT OF
OTHERS; (B) FiRE, BREACH OF SECURITY, ACT OF GOD, ACTS OF THE PUBLIC ENEMY, ACTS OF
TERRORISTS, RIOT, STRIKE, INSURRECTION, WAR, COURT ORDER, REQUISITION OR ORDER OF
GOVERNMENTAL BODY OR AUTHORITY, WHETHER OR NOT THE NEGLIGENCE OF LANDLORD
WAS A PARTIAL CAUSE OF OR CONTRIBUTED TO SUCH LOSS, DAMAGE OR INJURY, (C) THE
ACTS OR OMISSIONS OF TENANT OR TENANT PARTIES, OR (D) MAINTENANCE, REPAIR OR
ALTERATION OF ANY PART OF THE PREMISES OR FAILURE TO MAKE ANY SUCH REPAIR
EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN TI -IIS LEASE. TENANT SHALL BE LIABLE FOR
ALL DAMAGE TO THE PROJECT, AS WELL AS ALL DAMAGE TO PERSONS OR PROPERTY OF
OTHER TENANTS OR OCCUPANTS THEREOF, TO THE EXTENT CAUSED BY THE NEGLIGENCE,
FRAUD OR WILLFUL MISCONDUCT OF TENANT OR ANY OF iTS AGENTS, CONTRACTORS,
EMPLOYEES, CUSTOMERS AND INVITEES.
5. Landlord's Termination Right. Notwithstanding the Term, Landlord shall have the option, at
any time, to terminate this Lease upon ten (10) days written notice to the Tenant in the event Landlord deems
CONFIDENTIAL -2-
4816-8109.0967v.3 0100019-000002
Tenant's use to create a legal nuisance at the Parking Facilities, or if Tenant's use of die Premises is in violation
of any applicable laws or rules, regulations, covenants, conditions or restrictions governing the Project; provided
that if Tenant cures such nuisance or violation within such ten (10) day period then Landlord's right to terminate
for said nuisance or violation pursuant to this section shall be void. Upon any such termination, Landlord shall
have tine right to remove Tenant's property at Tenant's expense if Tenant fails to promptly remove same. Upon
such termination, Tenant agrees to immediately discontinue the use permitted by this Lease.
---6.---- --- ----- Electricity;-.Intemiption LandlordwiH,-at.its,sole cost,_pxovide-electricity to the Premises for
the proposed use limited to lighting. Landlord does not represent or warrant that any of the services referred to
above, or any other services which Landlord may supply, will be sufficient for Tenant's proposed use or free
from interruption. Tenant acknowledges that the existing lighting in the Premises is sufficient for Tenant's use,
and Tenant further acknowledges that any one or more of such services may be suspended by reason of accident,
repairs, inspections, alterations or improvements necessary to be made, or by strikes or lockouts, or by reason of
operation of law, or causes beyond the reasonable control of Landlord. Any interruption, reduction or
discontinuance of service shall not be deemed an eviction or disturbance of Tenant's use and possession of the
Premises, or any part thereof, nor, except as otherwise set forth herein, render Landlord liable to Tenant for
damages, nor relieve Tenant from performance of Tenant's obligations under this Lease. Landlord shall,
however, exercise commercially reasonable diligence to restore any service so interrupted, to the extent within
Landlord's reasonable control.
7, Default/Remedies. Should Tenant default in tine performance of any covenant or undertaking
hereunder and should such defatiltnot be cured within ten (10) days from the date of written notice from Landlord
to Tenant, Tenant shall be in default hereunder. In the event of default, Landlord shall have the right to terminate
this Lease and exercise all rights and remedies available to Landlord under this Lease, at law or inequity to
recover its damages therefor, including, without limitation, attorneys' fees and costs.
8. Limitation of Liability. Notwithstanding any other provision in this Lease to the contrary,
Tenant specifically agrees to. look solely to the Landlord's interest in the Parking Facility for the payment or
perforrnance•of any of Landlord's obligations hereunder, and Landlord, its partners, shareholders and other direct
or indirect equity owners of Landlord, shall have no pousonal liability hereunder. In no,event shall Landlord be AL
liable for special, consequential or punitive damages.
9. Brokers. Landlord and Tenant represent and warrant to each other that neither has dealt with
any broker, finder or agent, and that no commissions, fees, or compensation of any kind are due and payable in
connection herewith, agent commission salesperson, or other person. Each party agrees to defend, indemnify and
hold harmless the other party, its agents, members, partners, representatives, officers, affiliates, shareholders,
employees, successors and assigns from and against any and all loss, liabilities, claims, suits, or judgments
(including, without limitation, reasonable attorneys' fees, and court costs incurred in connection with any such
claims, suits, or judgments, or in connection with the enfrcement of this indemnity) for any fees, commissions,
or compensation of any kind which arise out of or are in any way connected with any claimed agency relationship
not referenced herein.
10. Hazardous Materials. Tenant shall not transport, use, store, maintain, generate, manufacture,
handle, dispose, release or discharge any Hazardous Materials. However, the foregoing provisions shall not
prohibit the transportation to and fi•om, and use, storage, maintenance and handling within the Premises of
Hazardous Materials customarily used in the business or activity expressly permitted to be undertaken in the
Premises under this Lease, provided: (a) such Hazardous Materials shall be used and maintained only in such
quantities as are reasonably necessary for such permitted use of the Premises and the ordinary course of Tenant's
business therein, strictly in accordance with applicable law, (b) such Hazardous Materials shall not be disposed
of, released or discharged in the Project, and shall be transported to and from the Premises in compliance with
all applicable laws (c) if any applicable law or Landlord's trash removal contractor requires that any such
Hazardous Materials. be disposed of separately from ordinary trash, Tenant shall make arrangements, at Tenant's
expense, for such disposal directly with a qualified and licensed disposal company at a lawful disposal site
(subject to scheduling and approval by Landlord), and (d) any remaining, such Hazardous Materials shall be
completely, properly and lawfully removed from the Project ippon expiration or earlier termination of this Lease.
Any clean tip, remediation and removal work shall be subject to Landlord's prior written approval (except in
emergencies) to ensure compliance with all applicable laws, and shall include, without limitation, any testing,
investigation, and the preparation and implementation of any remedial action plan required by any governmental
body having jurisdiction. If Landlord or any Lender or governmental body arranges for any tests or studies
showing that this. Section has been violated by Tenant, Tenant shall pay for the costs of such tests. The tenn
"Hazardous Materials" for purposes hereof shall mean any chemical, substance, materials or waste or component
CONFIOEN7IAL -3-
4816-8109-0967v.3 0100019.000002
thereof which is now or hereafter listed, defined or regulated as a hazardous or toxic chemical, substance,
materials, pollutant, or waste or component thereof by any federal, state or local governing or regulatory body
having jurisdiction, or which would trigger any employee or community "right -to -know" requirements adopted
by any such body, or for which any such body has adopted any requirements for the preparation or distribution
of a materials safety data sheet. Tenant shall defend, indemnify and hold Landlord harniless from any claims,
damages, losses, risks, liabilities, and expenses (including attorney's fees and costs) arising from or related to
the presence of any Hazardous Materials in the Project as a result of (lie use of the Premises by any Tenant or
-any -Tenant-Party-and/or-brought-upon the -Premises by—Tenant and/or -any Tenant -Party. -Tenant's indemnity - — - --
obligations hereunder shall survive the expiration or earlier termination of this Lease.
11. Office of Foreign Asset Control (OFAC). Pursuant to United States Presidential Executive
Order 13224 (`Executive Order"), U.S. companies are required to ensure that they do not transact business with
persons or entities determined to have committed, or to pose a risk of committing or supporting, terrorist acts
and those identified on the list of Specially Designated Nationals and Blocked Persons ("List"), generated by the
Office of Foreign Assets Control of the U.S. Department of the Treasury. The names or aliases of these persons
or entities (`Blocked Person") are updated from time to time. Tenant hereby acknowledges and agrees that
Tenant's inclusion on the List at any time during the Term shall result in the delay of services contemplated by
this Lease. If it is determined that Tenant is a Blocked Person, this Lease shall be terminated. The provisions of
this paragraph will survive termination of this Lease.
12. Miscellaneous.
a. In no event will Tenant assign this Lease or sublet the Premises to any party.
b. The conditions, covenants and agreements contained herein shall be binding upon and inure
to the benefit of the parties hereto and their respective heirs, executors, administrators,
successors and assigns.
c. This Lease shall be governed by the law of the State where the Project is located.
Jurisdiction and venue shall be proper only in the state and federal courts in the county
where the Project is located.
d. The captions and headings used in this Lease are for convenience only and in no way define
or limit the scope, interpretation or content of this Lease.
e. This Lease may be executed in one (1) or more counterparts, each of which shall be deemed
an original, but all of which together shall constitute one and the same instrument.
f. Each covenant herein is a condition and time is of the essence with respect to the
performance of every provision of this Lease.
g. If the Premises is damaged by fire or other casualty, Landlord and Tenant shall each have
the right to tenninate this Lease with fifteen (15) days' prior written notice to the other.
h. Landlord is hereby permitted to relocate the Premises to a location to be designated by
Landlord within the Project, upon ten (10) days' prior written notice to Tenant, provided
that such relocation shall not substantially diminish the number ofparking spaces originally
leased to Tenant'hereunder.
i. Tenant's use of the Premises and the Parking Facilities are subject to rules, regulations,
covenants, conditions and restrictions governing the Project.
j. Tenant shall not be permitted to post signs or distribute advertisements within the Parking
Facilities or any other portion of the Project for Tenant's business without Landlord's prior
written consent.
k. Notwithstanding anything in this Lease to the contrary, Tenant shall not at any time conduct
its business or use or occupy or allow any one to use or occupy the Premises, or do or
permit anything to be done or kept in the Premises, in any manner which (i) violates any
certificate of occupancy in force for the Premises, the Parking Facilities or the Project; (ii)
CONFIDENTIAL -4-
4816-8109-0967v.3 0100019-000002
causes or is liable to cause damage to the Project, the Premises, the Parking Facilities or
any equipment, facilities or other systems therein; (iii) constitutes a violation ofapplicable
law (including, without limitation, any laws relating to Hazardous Materials or toxic
substances); (iv) impairs or tends to impair the character, reputation, image or appearance
of the Project as a first-class institutional quality office project; (v) constitutes or is liable
to constitute a legal nuisance, unreasonable annoyance or unreasonable inconvenience to
tenants or guests of the Project, or unreasonably interferes or tends to unreasonably
-- ---- - - ---_-- uiterfere with. Landlord's operation of the. ParkingTacilities.and/or_the use or_occupancy-_of-any area of the Project by tenants or guests of the Project; (vi) constitutes or is liable to
constitute an unlawful, immoral or objectionable Occurrence or condition; (vii) would in
any way increase the premiums (above that which is customary for similar projects in the
surrounding area) of or otherwise affect or cause a cancellation of any insurance policies
obtained with respect to the Project; (viii) involves the use or disposal of any hazardous or
toxic substances (which substances are hereby expressly prohibited), except as permitted
by Section 10 above; (ix) involves or allows water runoff to storm drains; or (x) involves
any vehicle washing, or automotive mechanical, repair and/or maintenance work,
including, without limitation, oil change and brake services. i
1. Tenant shall promptly forward to Landlord any notice it receives of the violation of any
law involving the conduct of Tenant's business or the use and occupancy of the Premises
by Tenant. Tenant shall, at Tenant's sole cost and expense, comply and shall cause all
agents, employees, contractors, and invitees using or occupying any part of the Premises
to comply, with all laws and all recorded covenants, conditions and restrictions that impose
any obligation, order or duty on Landlord or Tenant, arising from or related to (i) Tenant's
use of the Premises; (ii) the manner of conduct of Tenant's business or operation of its
installations, equipment or other property therein; (iii) any cause or condition created by or
at the instance of Tenant; or (iv) breach of any of Tenant's obligations hereunder. Tenant
shall pay all the costs, expenses, fines, penalties and damages which may be imposed upon
Landlord by reason. of or arising out of Tenant's failure to fully and promptly comply with
and observe the provisions of this paragraph. Where Tenant's compliance as required by
this paragraph necessitates actions by Tenant for which this Lease requires Landlord's
consent, Tenant shall obtain Landlord's consent before taking such actions.
m. Landlord represents and warrants that it has all rights necessary to execute and deliver this
Lease and perfornn Landlord's obligations under this Lease, including the consent of any
third party with a security interest in the Premises. If Tenant is a corporation or limited
liability company or partnership, then in any such case, each individual executing this Lease
on behalf of such corporation, limited liability company, or partnership represents and
warrants that he or she is duly authorized to execute and deliver this Lease oil behalf of said
corporation, limited liability company and/or partnership, as the case may be.
n. This Lease (including exhibits) constitutes the complete and final agreement of the parties
pertaining to the Premises and supersedes the parties' prior agreements, understandings and
discussions relating to the Premises. No modification of this Lease is binding unless it is in
writing and signed by Tenant and Landlord.
o. Landlord and Project Manager will not use any trade name, trademark, service mark, logo,
commercial symbol, or any other proprietary rights of Tenant or any of its affiliates in any
manner (including any use in any .client list, press release, advertisement, or any other
marketing or promotional material). Landlord and Project Manager will not issue press
releases, publicity, or make any other public disclosures relating to this Lease or Tenant's
use of the Premises.
p. The recitals above are correct and are hereby incorporated as if fully stated in the main body
of this Lease.
B. Attorneys' Fees. In the event there is any legal action or proceeding between Landlord and
Tenant to enforce any provision of this Lease or to protect or establish any right or rennedy of either Landlord or
Tenant hereunder, the non -prevailing party to such action or proceeding will pay to the prevailing party all costs
and expenses, including reasonable attorneys' fees at all tribunal levels (including allocated costs of Landlord's
in-house attorney), incurred by such prevailing party in such action or proceeding and in any appearance in
connection therewith, and if such prevailing party recovers a judgment in any such action, proceeding or appeal,
such costs, expenses and attorneys' fees will be determined by the court handling the proceeding and will be
CONFIDENTIAL 5"
4816-8109-0967v.3 0100019-000002
included in and as a part of such judgment.
14. Anti -Terrorism Representation.
Tenant certifies that:
It is not acting, directly or indirectly, for or on behalf of any person, group, entity, or nation named
-- - —
byanyExecutive Order or—the United StatesTreasuryDepartment as . a. terrorist, "Specially._
Designated National and Blocked Person," or other banned or blocked person, entity, nation, or
transaction pursuant to any law, order, rule, or regulation that is enforced or administered by the
Office of Foreign Assets Control; and
It is not engaged in this transaction, directly or indirectly on behalf of, or instigating or facilitating
this transaction, directly or indirectly on behalf of, any such person, group, entity, or nation.
The breach by Tenant of any of its representations, warranties and/or covenants contained in this
Section 14 shall constitute a material breach of this Lease in addition to a default under Section 7.
Notwithstanding anything to the contrary in this Lease, Tenant shall not be entitled to cure a breach
of the Lease or default under this Section 14.
In the event Landlord has reason to believe that a breach of any of the representations, warranties or
covenants in this Section 14 has occurred or will occur, Landlord may withhold any payments due
Tenant until such time as it is satisfied that no breach has occurred or will occur. Landlord shall not
be liable to Tenant for any claim, losses or damages whatsoever related to its decision to withhold
payments under this provision.
15. Notwithstanding anything in this Lease to the contrary, Landlord acknowledges that Tenant is
a wholly owned subsidiary of a publicly traded company, and Tenant makes no representation with respect to
any person or entity that acquired its interest in Tenant through the purchase of securities listed on a national
securities exchange,'unless Tenant has knowledge thereof.
16. Notices. All notices under this Lease shall be in writing and will be deemed sufficiently given
for all purposes if, to Tenant, by delivery to Tenant by certified mail, return receipt requested or by overnight
delivery service (with one acknowledged receipt), to Tenant at the addresses set forth below or such other address
from time to time established by Tenant, and if to Landlord, by certified mail, return receipt requested or by
overnight delivery service (with one acknowledged receipt), at the addresses set forth below, or at such other
address from time to time established by Landlord.
If to Landlord: Triton Towers Acquisitions Partners LLC
c/o Hines Interests Limited Partnership
555 South Renton Village Place, Suite 100
Renton, Washington 98057
If to Tenant: c/o Amazon.com, Inc.
410 Terry Ave. N
Seattle, WA 98109-5210
Attn: Real Estate Manager (NA Ops: DSE50
With a copy to: c/o Amazon.com, Inc.
4 10 Terry Ave. N
Seattle, WA 98109-5210
Attn: General Counsel (Real Estate: DSE5)
[SIGNATURES ON FOLLOWING PAGE]
CONFIDENTIAL
-6-
4816-8109-0967v.3 0100019.000002
IN WITNESS WHEREOF, the parties hereto have executed tHs Lease to be effective as of the date set forth
above.
_ __.______._.._..LANDLORD:
TRITON TOWERS ACQUISITIONS PARTNERS LLC
By: HINES TRITON TOWERS ACQUISITIONS PARTNERS LLC, its managing
member
By: HINES TRITON TOWERS ASSOCIATES LIMITED PARTNERSHIP, its
sole member
By: HINES INVESTMENT MANAGEMENT HOLDINGS LIMITED
PARTNERSHIP, its general partner
By: HIMH GP LLC, its general partner
By: HINES REAL ESTATE HOLDINGS LIMITED
PARTNERSHIP, its sole member
By: JCH INVESTMENTS, INC.,
TENANT:
AMAZON.COM SERVI ES, 1
By:
Name: Crai randt
Authorized Representative
Date: May 20, 2019
C�IFIDENTIAL -7-
4816-8109-0967v.3 0100019.000002
Exhibit A
CONFIDENTIAL - 9-
4816-8109-0967v.2 0100019-000002
Parking Addendum
By signing below, the parties agree that to the extent any of the tenns of this Addendum (this "Addendum") conflict with any terms
of the agreement between the parties (the "Agreement") related to the use of the parking lot located at 555 South Renton Village Place,
Suite 100, Renton, Washington 98057 (the "Project"), the terms of this Addendum will control. Additionally, Amazon's acceptance of
the terms of such Agreement is subject to Landlord's acceptance of the terms of this Addendum.
-----1 Limitation of Liability. Neither Amazon nor Landlord will be liable under any circumstances for conseduential;-speeiali- punitive;
or indirect damages, such as lost profits or interruption of either party's business.
ACKNOWLEDGED AND AGREED:
Amazon.com Services. Inc.
"Amazon" R
By: rJ
Name: Crai randt
Title: Authorized Representative
Date Signed: May 20, 2019
CONFIDENTIAL Parking Addendum
"Landlord"
By;
Name:
Title:
Date Signed:
1�
M