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HomeMy WebLinkAboutBLD10-045CITY OF PORT TOWNSEND PERMIT ACTIVITY LOG PERMIT #_BLDIO- OAS DATE RECEIVED O2. - @S— 10 SCOPE OF WORK: Inslatl Mon- Vevmiarjyerat VOSS DID DATE ACTION INITIALS 2? -2s- 10 ENTERED INTO CHET Aw ct a ae tae CHECKED FOR COMPLETENESS Mo Zoning: Setbacks OK? Lot Size: Building Size: Lot Coverage: FAR OK? Height OK? Parking OK? Critical Area? Demo? Historic Rev? Notice to Title? Lots of Record? Development Services CITY OF PORT TOWNSEND 250 Madison Street, Suite 3 - Port Townsend WA 98368 Phone: 360-379-5095 Fax: 360-344-4619 www.cityofpt.us __Commercial Building-Permit Application Project Address & Zoning District: Legal Description (or Tax #): Office Use Only 39 Water cveet Addition: Pror Permit Block: Y 10 = oe Parcel # Q 4 oO 100 W \\ Lot(s): gry Associated Permits: Project Description: Non- per / este mn | = aa 2 = > Applications accepted by mail must include a check for initial plan review fee of $150 > See the “Commercial Building Permit Application Checklist” for details on plan submittal requirements. Address: City/St/Zip: To Phone: G06) SBS — 3103 Email_ wite(@ Samar. Con Property Owner-<_ JER AM Name:_/ 035 binter Stef tart Townsend, LUA TAF Lender Information: Lender information must be provided for projects over $5,000 in valuation per RCW 19.27.095. Name: a e Project Valuation: $ Contact/Representative: ne ean cs GM Address: (0397 [later Trae t- City/St/Zip: Phone: Email: Contractor, — . Name: Nghty Fue bets Address: City/St/Zip: Phone: CP >) 30(—- 5322. Email: State License #: Exp: City Business License #: Construction Type: Occupancy Rating: _ AZ. Building Information (square feet): 1" floor 3@(Y __ Restrooms: 2" floor | 700 Deck(s):_ ZZ ‘3 floor Storage, Basement:____ Is it finished? Yes (No) Other: New 0 Addition Remodel/Repair 0 ChangeofUseO OJHER Le NCA PERMANENT VESTIBULE Total Lot Coverage (Building Footprint): Square feet: % Impervious Surface: Square feet: | hereby certify that the information provided is correct, that | am either the owner or authorized to act on behalf of the owner and that all activities associated with this permit will be in accordance with State Laws and the Port Townsend Municipal Code. Date: zfasfi COMMERCIAL BUILDING PERMIT APPLICATION CHECKLIST This checklist is for new construction, additions, and remodels O Commercial building permit application. O Non-Residential Energy Code forms: x Lighting Xt Mechanical x Envelope O Three (3) sets of plans with North arrow and scaled, no smaller than %” = 1 foot: O Title Page/Cover Sheet: 1. Project identification 2. Project address, legal description, location map, tax parcel number(s) 3. All design professionals identified including addresses and phone numbers 4. Name, address, and phone number of person responsible for project coordination 5. Design criteria, including occupancy group, construction type, allowed floor area vs. proposed, occupant loads, height and number of stories, deferred submittals, etc. Designate compliance with all applicable codes LJ A site plan showing: Legal description and parcel number (or tax number), Property lines and dimensions Setbacks from front, sides and rear in accordance with a pinned boundary line survey On-site parking and driveway with dimensions Street names and any easements or vacations Location and diameter of existing trees Utility lines If applicable, existing or proposed septic system location Delineated critical areas boundaries and buffers O Foundation plan: 1. Footings and foundation walls 2. Post and beam sizes and spans 3. Floor joist size and layout 4. Holdowns 5. Foundation venting O Floor plan: Room use and dimensions Braced wall panel locations Smoke detector locations Attic access Plumbing and mechanical fixtures Occupancy separation between dwelling and garage (if applicable) Window, skylight, and door locations, including escape windows and safety glazing O Wall section: Footing size, reinforcement, depth below grade Foundation wall, height, width, reinforcement, anchor bolts, and washers Floor joist size and spacing Wall stud size and spacing Header size and spans Wall sheathing, weather resistant barrier, and siding material Sheet rock and insulation Rafters, ceiling joists, trusses, with blocking and positive connections Ceiling height 10. Roof sheathing, roofing material, roof pitch, attic ventilation O Exterior elevations with existing slope of the land in relation to all proposed structures O If architecturally designed, one set of plans must have an original signature O If engineered, one set of plans must have one original signature O For new dwelling construction, Street & Utility or Minor Improvement application co p ) OA O A N D A K R W N > NO O k O N = OO N A A A R W N > Parcel Details Home County Info = Departments ~ Search Parcel Number: 989700611 SEARCH | Parcel Number: 989700611 Printer Friendly See Owner Mailing Address: WATER STREET CORPORATION INC 635 WATER ST PORT TOWNSEND WA983685726 Site Address: 639 WATER ST PORT TOWNSEND 98368 Section: 1 School District: Port Townsend (50) Qtr Section: SW1/4 Fire Dist: Port Townsend (8) Township: 30N Tax Status: Taxable Range: 1W Tax Code: 100 Planning area: Port Townsend (1) Sub Division: PORT TOWNSEND O.T. Assessor's Land Use Code: 5100 - MULTI-FLOOR BUILDINGS (APTS/OFFICES UPSTAIRS, FIRST FLOOR RETAIL) Property Description: PORT TOWNSEND O.T. | BLK 6, | LOTS 6(TX 19),8(LS TX 20) TL D 30 | | Click on photo for larger image. ge No Permit Data Assessor Bldg Data |Tax, A/V, Sales Info Map Parcel Plats & Surveys Available te, Jefferson County a: HOME | COUNTY INFO | DEPARTMENTS | SEARCH é Best viewed with Microsoft Internet Explorer 6.0 or later http://www.co.jefferson.wa.us/assessors/parcél/parceldetail.asp?PARCEL_NO=98970061 1 Page | of 2 2/24/2010 W A T E R S T R E E T — _ i F s F b y o e e r e 4 4 - 6 C A P F L O O R A N C H O L . P O I N T S ( B O T H SI D E : 5 ) QUINCY ST a TH E R M A L J AU D I O IN S U L A T I O N SS m4 a. MO D I F T CA T I O N NO T E S £ QA L L AP L I T I O N S Wi L L BE NE O N - PE R M A N E N T AN D FA S T E N E D 70 TH E EX T E N T KE G X I R E D 70 ME E T SE ( S 0 ” U C RE Q U I R E M E N T S . le 4- 6 Ge @A L L GL A S S FA N S YW i l t BE SI N G L E l. CL fe v u i e w * QA L L EN S T I N G WI N B O U S WI L BE DO U B L E Su Fi r e . he e “ PA N E D TH E LO W E R /0 ’ ON L Y . Be G@ DR w k r S To RE M A I N UN L O C K E D (W o T Lo c k - eS De d e ne e ) = M. S A M O D U R G / P A G E [ | O F Ol W NS TY OF PORT TOWNSEND NOTES PANE M. SAMODUKEY . ‘| — i S—:~ r Sit [ Z path - i 4 f February 25, 2010 Mr. Fred Slota FEB 25 2010 Building Official City of Port Townsend CITY OF PORT TOWNSEND Development Services Department DSD 250 Madison Street, Suite 3 Port Townsend, WA 98368 Re: Project: Non-Permanent Vestibule Dear Fred, It was a pleasure meeting you and Meg this Wednesday and discussing our Vestibule project for the Water Street Brewery. Along with a completed application | attached a copy of our lease which details in Section 7 what we, as Tenants, can do without prior written consent of our landlords. After our meeting, | then spoke with our attorney again and he requested that the city’s attorney contact him directly to discuss the matter further if necessary. It is our attorney’s belief that this project does not require written prior consent of any kind from our landlords to proceed. His contact information is: Mr. Chris Riffle at Platt Irwin Law Firm, (360) 457-3327, cjriffle@plattirwin.com Again, | would like to stress the non-permanent design of this Vestibule system and its intended purpose: 1. The primary purpose of this non-permanent vestibule is to reduce heat loss during the winter and to keep the building cool as possible during the hotter months. 2. The secondary purpose of this vestibule is to reduce sound levels at the street side(s) of the building when we have live entertainment. 3. The vestibule’s method of attachment to the premises will be non-permanent as well but adequate to assure proper rigidity, strength and seismic considerations. All attachment points will be removed and refinished, if necessary, when the premises is vacated. 4. The vestibule design features will allow it to be easily assembled and disassembled for storage if not needed. The Brewery management will be glad to demonstrate the assembly / disassembly process to prove its non-permanent design. Once again your spirit of cooperation is appreciated and | look forward to a speedy permitting process. Please feel free to contact me at anytime if | can help in anyway to make your job easier. Cheers, General Manager — Water Street Brewing & Ale House (206) 883-3103 mike@samov.com copy: Chris Riffle — Attorney at Law, Platt Irwin Law Firm file Mar 13 09 01:19 ‘Triple Mash Co.) (= 2 36 -3-6438 p.4 LAA ANAM 223= argon County, WA JEFFERGON TITLE co thar Stren’ NO REAL ESTATE Retum Addrees: EXC CISET, REQUIRED Lidat S l { C - L JEFFERS AW £25 uUvater Street 0 - a AB (plese print leat name firet) Addl‘. on pg Addl’.on pg ___ a Addl’, legal {s on pg THIS LEASE made this 28 day ot__Aore C ZO0K iw end between (Names and Addremee:_ Later Street cpocation (hereinnt called Lessor), and Trials. THB stt Cor 2: Ciiecel neta called Loaspe): WITNESSETH: 4. PREMISES: Lessor doos hereby lease to Leaseo, those certaln promises commonly known as 639 Water Stree: 126 CUiINncY Street Port Townsend 5 Wa, 13368 636 Waderfrent Plac : _ aren eeee = Dimensions described tn Echibit B Space as bhown on Exbibit 8 attached hereto, heceinchat called “premises"), being situated upon land described in Exhibit A attached hereto. 2. TERM: The term of thia Lease shal] be for Live. (5 yea rScommencing the 3 Oo day of ec l LOO and eball lerminate on the 30 day of Aare Z Zo0?. $. RENT: Lessee cov: men to pay Lessor, at the officos oftewor 625 Water Street, Q a t+ Taumns to such other pacty or at such other place as Lessor may hereafter designate, monthly rent {n the amourt of rei wr Ya Ee seven hundred voltarsts 5,700-2¢2 J Anistsrs ativancepontlie fiat Cay OF ekeh monthof the'lesso term. Lessor hereby acknowledges receipt o&_Cleyed ni ters (8 1 Ly LOO, C2 J, for--the first and : ¥_, mamtharént. if Lessee ts in possession of tbe premisss for a portion of « month, the monthly rent shal) ba prorated for thé eae of days of Lessve’s possession during that month. Any rantal payments recelved five or more Se after the beginning date of oach rental period will be subject to a service charge of s_One... Auadred titty Dollars (s /SO-CO ) to cover additional accounting, notices, inistrativa and handling costs, and loss af uso of funds. Lassae_ has deposited tho sum of $ five. CARLSEAL Be: fo. Dollars ich sur 15 e8c {s escurity for Lessee’s full perfcrmance of Washingtan, or as such may de subsequently -—% LF Moy F/ CLL.67 ne2G9, Woy FY 644.4%? | OEVER s_S,0Q00: CO ___), recaipt of which is hereby acknowledge the obligations hereun: those pursuant to Chapter 59 Ravised Cod; te Ber Lease saent {Lo CPI Clauss ° Pegs 1 of OWashiagton Lagan) Blank, Inc. lssaquas, WA Form No. 430 10/98 de MATERIAL MAY NOT BE REPRODUCED PN WHOLE OR IN PART IN ANY PO! ‘Mar 13' 09 01:19p Triple Mash C 3 79-6438 p.5 oe: QA AAA MN 2=2= Jatfarion County, UA JS*FERBON TITLE COL LEASE 91,00 The above bese monthly rental rate plus changes, If any, provided In Paragraph 5, “Taxes”, shall ba adjusted annually in the follawing manner The monthly rental rate shall be adjusted at each yearly anniversary date by using the revised Consumer Price Index (CPI) for All Urban Consumers as published by the United States Dapartment of Labor for the Seattle-Everett Motropoliten area. The indexes used shatl be these published for tha nearest period preceding the month in which the initial lease year begins and the some perlod proceding the anniversary date. The percentage of change from the carlier index to the later index ehall bo multiplied by the ront rate al the beginning of each louse year und the result added to that beginning rate to arrive at the adfusted rete which will apply to each of the twelve months of the succecding lense year, except in no event shall rent rate be less than the origina! monthly tate, When, this paragraph becomes effoctive upon renewal, the frat two (2) sud-paragrephs of Paragraph 5, “Taxes”, do not further apply for the reason that taxes ars included in the Consumer Prica Index calculations. Should the components of the CPI change or be discantinued after inception of this lease, lessor shal] notify leasce of a substitute {ndex which In tha Lossor’s discration approximates the resulf of the CPI and such {ndex shall be utilized for aubsequent adjustments. 4. UTILITIES AND FEES: Losses agrees lo pay all chargos for light, beat, watar, sewage, garbage, dralnago, metro and all other utilittes and sorvices to the premises during the full term of thig lease. e1 , if any, included in the rent payment are, ro, (aealed Conken Zz , All other items including all license fees and other governmenta} es levied on the operation GE Lesses's business on the premises will be paid directly by Lessee. In the event the leased promises are a part of a building or larger Premises to which such charges ars charged as a whole, with the consent of tho Lessor, thon Lessee agraes to pay, upon demand, « propor and fair share of said charges. 5. TAXES: In addition to the rent provided in paragraph 3, Lessee agrees lo pry any increase over basa yoar Iu the portion of the real eatate Llaxes and assessments applicabie to the promises which sre due and payable during the term of this Lease or any extension hereof, Lessas shail pay tts portion of the Increase of the taxos on the building equal to the percentage of the total net rentable area in the bullding leased to Lessee, plus the portion of the taxes applicable to the land desorlbed In Exhibit A which is equal to the ratio of the aquare feel of the premises to the total squars feet of net rentabJe area of buildings on said land. Lessor shall submit to Lessec a copy of the actual statements rocaived from the taxing authority as they become dus and skall tavoice Lessee for tts portion according to the provisions of this paragraph. Lassea aball pay such invoice within fifteen (15) days. If the term of this Lease commences and terminates on dates other than January 1 and December 31, respeciivaly, taxes payabje shall be prorated {n the first and last calender years of the term of the Lease. Should there presently bs tn effect or shouid there ba snacted during the term of this Lease any law, statute or ardinanco levying any tex (other than Federal or State income taxes) upon rents, Lessee shall pay such lax or shall reimburse Lessor on demand for any such taxce paid by Lessor. 5. COMMON AREAS: If the promises are part of a building occupted by other tenants, Lesses agrees to conform to Lessor's rules and regulations pertaining to the parts of the building that are in common use. by tenants. 3? REPAIRS AND MAINTENANCE: Premises have boon inspected and are accepted by Lessee in their present condition. Lessee shall, ut its own oxpensa and at all times, keep the premises neat, cloan and in a sanilary condition, and keep and use the premises in accordance with applicable laws, ordinances, rules, regulations and requirerrients of governmental authorities. Lessee shal] permit no waste, damage or injury te the premises; koap al] drain pipes fee and opsn; protect water, beating, gas and other Pipes lo prevent freazing or clogging; repsir all Joaks and damage caused by leaks; replace all glass in windows and doors: of thie pretmidas whieh may become cracked ar broken; and remove ive and snow from sidewalks adjoining the premises. Except for the roof, exterior wells and foundation, which are the responsibility of the Lessor, Lesrea shall make such repairs as necassary to maintain the premises Ln as good condition as they now ere, reasonable use and wear and damage by fire and other casualty excepted. Lease Agrevesent (Commercial!) whh CPI Clause Page ioft CWaeakingvos Legal Bhunk, loc. seaquak, WA Form No. (30 10/06 MATERIAL MAY NOT BE REPRODUCED IN WHOLE OR IN PART IN ANY FORM WHATSOEVER Mar 13 09 01:20p Triple Mash Cc 3t '9-6438 p.6 aoe ARAL NRT 422232 of 13 Jeffarton County, WA JEFFERSON TITLE Gol LERSE ne 8. SIGNS: All signs or symbols placad by Lesace in the windows and doors of the premises, or upon any exterior part of the building, shall be subject to Lessor‘s prior written approval. Ledsor may demand the removal of signs which ere nol so xpproved, and Lesses's failure to comply with sald request within forty-eight (48) bours will constitute a breach of this paragraph and will entitle Lessor to terminate this Lease or, in lleu thereof, to cause ths sign to be removed and the building repaired at the sole expense of the Lesese. At the termination of this Lenao, Lessee will remove al) signs placed by it upon the premises, and will repair any damago caused by such remaovel, All signs must comply with sign ordinances and be placed in accordance with required permits. 8. ALTERATIONS: Aflor priot writlen consent of Lessor, Lesses may make alterations, additions and improvoments in said premises, at Lessee's sole cost and exponsa. In the performance of such work, Luesee agrees to comply with all laws, ordinances, rules and regulstians of any proper public authority, and to save Lessor harmless from damage, Joss or expense. Upon termination of this Lease and upon Lessor’s request, or Lessor’s approval, Lessee shall remove auch |mprovements and restore the premises to its original condition not later than the termination dats, at Lassee’s sole cost and expense. Any improvements not so removed shall be removed at Leasoo's expense provided that Lesses shal] pey for any damage caused by such removal. 10, CONDEMNATION: In the event a subetantlal part of the promises is taken or damaged by the right of eminent domain, or purchased by the condemuer, In lieu thereof, so as to render the remaining promises economically untenantable, then this Lease shall be cancelled as of the time of taking at the option of elther party. In the avent of a partial taking which doss not render tha premises economically untenantable, the rent shall be reduced In direct proportion to the leased property taken. Lessee shal] have no claim to any portion of the compensation for the taking or damaging of the land or building. Nothing herein contained shall prevent the Lessee from his entitlement to negotiate for his own moving costs and bis leasehold improvernents. 11. PARKING: Lessee understands that parking Is apportioned in conformity with controlling zoning ordinances and that Lessor shel] bave the right to make such regulations as Lessor dvems desirable for the control of parking automobiles on tho real property described in Exhibit “A” or property undsr Leesor’s control, including the right to designate certain areas for parking of the Lessoo. employees of Lessee, his customers and other Lessees of said bulidings. 12. LIENS AND INSOLVENCY: Lessee shall keep the premises free from any liens arising out of any work performed for, materials furnished to, or obligations incurred by Lessea and shal] indemnify and bold Lessor harmless against tbe same. In the event Lesses becom t, bankrupt, or ife recalver, assignes or other liquidating officer {s appointed for the business of Lessee; rf ray cancal this Lease at Its option. 13. SUBLETTING OR ASSIGNMENT: Lessee shall not sublet the whole or any part of ths premises, nor assign this Lease without the written consent of Lessor, which will nat be unreasonably withbald, This Lease shall not he assignable by operation of Jaw. Any assignment shall not release the Lessee from }lability under this Jease unlasa the assignmont states such. _.. 14._ACCESS: Lossor shall have the gbt to entor the premises al all reasonable times for the purpose of inspectian or of making repairs, additions or alterations, and to show the premises to prospeciive tenants for one hundred oighty (180} days prior to the expiration of the Lease term. 15. POSSESSION: if for any treason Lessor is unable to deliver possession of the premises at the commencement of the term of tha Laase, Lesses may give Lessor written notice of Its intentlan ta cancal this Laase If possession fs not deliverod within thisty (30) days after receipt of such nolice by Lessor, Lessor shal] not be liable for any damages caused by delay, and Lessea shall not be Mable for any rant until euch Umes at Lessor delivers poesession. A delay of possession shall not extend the term of tho termination dato. If Lessor offers possession of the premises prior to the commencement date of the term of th{s Lease, and If Lossee accapts such sarly possession, then both parties shal] be bound by all of the covenants and tarms conlained herein, Including the paymont of rent during such period of eurly possession. 18, DAMAGE OR DESTRUCTION; In Lhe event the premisas are rendered untenantable in whole or fn part by Lense Agenevst (Com morcial} with CPL Clause 6 DWaabingtos Lege! Blank, Loc., lassquah, WA Form No. 430 10/06 MATEALAL MAY NOT BE REPRODUCED IN WHOLE OR IN PART IN ANY FORM WHATSOEVER ‘Mar 13'09 01:20p Triple Mash C 79-6438 p.7 ALC deflarnoy County, WA JREFINHON TITLE Cor LERSE 31.08 | 483816 Pose: 4 af fire, the elemants, or other casualty, Lessor may elect, at its option, not to restore or rebuild the Premises and shai] 80 notify Leases, in which event Lessee shall vacate the premises and this Lease shall be terminated; or, iu the alternative, Lessor shal] notlfy Lossee, within thirty (30) days alter such casualty, thal Lessor wil! undertake to rebulld or restore the premises, and thal such work can be completed within one hundred alghty (180) days fom dats of such notice of Intent. if Lessor Is unable to restore or rebuild the premises within the said one hundred eighty (180) days, then the Lease may be terminated at Lessea’s option by written ten (10) day notice to Lessor. During the period of untenuntabllity, rent shall abate in the same ralfo as the portion of the premises rendered untenantable beers to the whole of the premises. 17, ACCIDENTS AND LIABILITY: Lessor or its agant shall not ba Hable for any Injury or damage to persons or proparty sustained by Lesses or othor, in and about the premises. Lessee agrees ta defand and hold Lassor and its agents harmless from any claim, aotion and/or judgment for damages to property or injury to persons suffered or alleged to be suffored on the premises by any person, flrm or corporation, ualess caused ‘by Lessor’s negligence. Lesaes agrees to maintain public general Mabilily insurance on the premises with broad form properly damage and contractua) ability endorsements and in the minimum combined single Jimit of $1,000,000 and ‘deductible of not more than $5,000 for bodily infuries end death, and shall name Lessor as an additional insured. Lessee shall furnish Lessor a certificate Indicating that the insurance policy Is in full forca and effect, the Lessor has been named as an rdditlonal insured, and that the policy mey not be cancslled unless ten (10) days prior written notice of the proposed cancellation has been given to Lessor. 18. SUBROGATION WAIVER: Lessor and Lessea each herewith end bereby releases and relieves tha olber and waives its entire right of recovery against the other for loss or damage arising out of or incident to the perils described in standard fire insurance. policies and all perils described.in the “Extended Coverage” Insurance endorsement approved for use In tho state where the promises are Jocated, which ocaurs in, on or about the Promises, unless duc to the negligonce of sither party, thoir agents, employees or otherwise. 18. DEFAULT AND RE-ENTRY; Sf Lessea shall fail to keap and parform any of the cavenants and agresments berein contained, other than the payers of rent, and such faflure continues for thirty (30) days efter written notice from Lessor, unless appropriate actlon bas Bedh taken by Lossan In good faith to cure euch failure, Lossor may terminate the Lease and re-enter the premises, ot Lessor may, without terminating this Leass, re-enter said promises, and sublet the whole or any part thereof for the account of the Lessos upon as favorable terms and conditions as the market will allow for the balance ofthe term of this Lease and Lessee covenants and egroes to pay to Lessor any deSclancy arising from a re-letting of the premises at a losser amount than herein agreod to. Lessee shal! pay such deficiency each month as the amount thereof is ascertained by Lessor. However, the ability of Lessor to re-enter and sublet shal} not Impose upon Lessor the obligatian ta da so. 20. REMOVAL OF PROPERTY: In the avent Lassor lawfully re-enters the promises a2 provided bereln, Lessor shall heve the right, but not the obligation, to remove al] the personal property located therein and to place such property in storage at the expense and risk of Lessee. Lossae agroes that a landlord's Lien: shall continue to attach to the property whether or not removed from the leased premises. 21. COST AND ATTORNEY'S FEES: If, by reason of any default or breach on tha of either party In the performance of any of the provisions of this Lease, a legal action Is instituted, the losing party agrees to pay all reasonable costs and attorney's feed in connection therewith, including cost and fees to collect any judgment It is agreed thai the venus df any logel action brought undar the terms of thia Loasa may be In the county in which Promises are situated, Interost on unpaid swms shall accrue et the rate of 12 percant per annum from due dats, even If unliquidated at that time. 22. SUBORDINATION: Lessee agrees that this Lease shall bo aubordinate to any mortgages or deods of trust, placed on the property described In Exhibit A, provided, that in the event of fareclosure, if Losses ts not thon {n default and agrees to attorn to the mortgagee or beneficiary under Deed of Trust, such mortgagoo or beneficlary shall tecognize Lesseo's right of possession for the term of this Laase, 23. NO WAIVER OF COVENANTS: No conduct of u party shall constitute accord and satisfaction unless contained in a writing to such effect and signed by the parties. Any waiver by aither party of any breach hereof poeze Agree ws (Commercial) with Of] Clavew 40th ‘oh Bi toc. WA Porm No. 430 10/98 MAT ay cate pine heruoniced IN WHOLE OR IN PART IN ANY FORM WHATSOEVER 12 84/29/2004 B3;92P Mar 13 99 01:20p Triple Mash Cc 3t "9-6438 p.8 a DT LL eae ay +: aaP Jafferton County, WA JEFFERSON TITLE CO 1 by the other shell not be considered a waiver of any future sim{lar breach. This Lease contains all ths agranments between the parties; and thore shall be no modification of the agreements contained herain except by written instrument, 24. SURRENDER OF PREMISES: Leases agrans, upon termination of this Leasa, to peacefully quit and surrender the premises without notice, leave the premi{sas neat and clean and to deliver afl keys to the promisca to Lessor. 25. HOLDING OVER: If Lessoo, with the implied or express consent of Lessor, shall hold over afler the expiration of tho term of this Lease, Leaseo she]! romain bound by ai] tha covenants and agreements herein, except that the tenancy shal! be from month to month and shall be for e monthly rate of 128 percent of the last rental rate under the Jease. ze. BINDING ON HEIRS, SUCCESSORS AND ASSIGNS: The covenants and agreements of thix Lauss shal) be binding upon the heirs, executors, administrators, successors and asalgns of both parties hereto, except as hereinabove provided. 27. USE: Lasses shall use the promises for the purposes of Brew file L alters bréuser / ery / _Kesta wr ant and for no other purposes, without written consent of Lessor. In event Lassee‘s use of the premises increases the fire and extended coverage or ability insurancs rates on the building of which the premises are a part, Lessea agrees to pay for such Increase. or to the Lessea at WMS CIN address as either party may ie to the other In writing $rom time to time. A precio transmission will suffice In lieu of mail {f recelpt !s coniirmed as to date and timo. 22. RIDERS: Riders, if any, attached hereto, are made a part of this Joase by reference and are described as follows: Option to Renew Decibel Levels ALlowe utilities Live Entertainment Cammon Areas Oetion for Additional Basement Space 30, TIME IS OF THE ESSENCE OF THIS LRASE. 31, If Lessee is a corporation, each individual executing this Lease on bebalf of said corporation represents and warrants that he is duly authorized to execute and dellvor this Longe on behalf of sald corporation in accordance with a duly adopted resolution of the Board of Directors of said corporation or in accardunce with the By-laws of said corporation, and that this Lease is binding upon sald corporation in accordance with its terms. If Lassee is a corporation, Lessee shall, within thirty (20) days efter oxeoution of this Lease, daliver to Lessor a certified capy of a resolution of the Board of Directars of said corporation authorizing or ralifying the execution of this Lease. IN WITNESS WHEEEOF, the parties bereto bave hereunto set their hands and seals the date first abave written. “7 Cor poca bi Cor poca tion LESSEE{(S): nt Lede dea Sy decors fay. PAK -, FRB IPEAK on PSudlawo _ Md AA- LAW sail at (Cotomercial} with CPI Clause Page ees inpon age! Bien Inc. lanaquah, WA Form No. 430 10/ MATERIAL MA BE REPRODUCED IN WHOLE OR IN PART IN ANY FORM WHATSOEVER Mar 13 09 01:21p Triple Mash Cc 3t 79-6438 p.9 LA ET nee Jefferson County, WA JEFFERSON TITLE CO ! ATE OF WASHINGTON, «= {INDIVIDUAL ACKNOWLEDGEMENT) COUNTY OF I certify that I know or have satisfactory evidence is the p 2 who appeared before mB; sald person avian that __he signed fnstrument and acknowledged ito be h___ free and voluntary act for ses and purposes mentioned in the instrument. Print name —— Notary Public in and for the State of =. My appointment expires - STATE OF WASHINGTON, = (CORPORATE ACKNOWLEDGEMENT) COUNTY OF = On this if , ZoAk before ma personally appeared to me known to be LC4 Veoh of the corporation that executed the within and foregoing instrument, eee sald instrument to be the free and volun! act and decd of said corporation, for the uses and purposes therein mentioned, and on cath stated that he was authorized to execute said instrument and that the seal affixed, if any, {s the corporate seal of said corporntion. IN WITNESS WHEREOF I have hereunto sat my hand and affixed my official seal the day and year first above written. OFFICIAL SEAL DION E. WEIDNER NOTARY PUBLIC-STATE OF WASHINGTON Natery Public in and for the State of My Commission Expires January 15, 2007 My appointment oxpires _ /- iS Lease Agrees et [Commmercha!) wih CPI Clancy até CA ecinge Se NE Lend mareontod WA Form No. 430 10/95 REPRODUCED IN WIHOLE OR IN PART IN ANY FORM WHATSOBYER Mar 13 09 01:21p Triple Mash Co 3 '9-6438 p.10 Le A hc defferion County, WA HIFFERSON TITLE Co STATE OF WASHINGTON ) County of Br) ; Z.c0 On this day of. , re P personally appeared QAd. to me known to be the individual described in and who executed the within and foregoing instrument, and on oath stated that 6% was authorzed execpte / the instrument and howledged ra as the Lr fora Lact. of Th DLL he Corp. to be the free and voluntary act 6f Huch party fox the uses and purposes mentioned in the instrument, GIVEN under my hand and official seal the day and year Last above written. OFFICIAL SEAL tary Public in and for the OION E. WEIDNER atejof abi ay esiding NOTARY PUBLIC-STATE OF WASHINGTON, Lad My Commission Expires January 15, 2007aqb abpoi fbdab expires: 1-16-2007 Mar 13°09 01:21p Triple Mash C K 79-6438 p.11 TAT esse sap faaoe | 3, 42P Jsfteruon County, WA JEFFEREON TITLE CO ft LEABE 3 “EXHIBIT A" That portion of Lots 6 and BG, Block 6 of the original Townsite «! the City of Port Townsend, as per plat recorded in Volume i ci Plats, page 1, records of Jefferson County, Washington,- descr ibec as follows: Beginning at the Northwest corner of Lot 8, Block thence Easterly on the South Line of Water galock ©, eforesaia: thence at a right angle Southerly, 52.4 feet; thence at a right angle Westerly, 12.2 feet: thence at a right angle Southerly, 57.6 feet, the South Line of said Lot 8s; thence at a right angle Westerly, 48.7 feet, mere or less, to th East line of Quincy Street; thence North, along said East line of Quincy Street, 110 feet t the Point of Beginning. more or less, t: Situate in the County of Jefferson, State of Washington. End of legal description Mar 13°09 01:21p Triple Mash C ¢ 79-6438 p.12 SO | UT 483816 Page; 8 oa aa oats 4 ob .92F aU Jalfarton County, WA JEFFERION TITLE Co! RIDERS TO LEASE DATED BETWEEN WATERSTREET CORP., LESSOR AND Tciat Mash. Locee _, UESSEE OPTION TO RENEW : The tenant is given the option to extend the term on all the provisions contained in this lease, except for the minimum monthly rent, for three (3 ), five (5 ) year options - following the expiration of the initial term by giving notice of excise of the option ( Option Notice ) to Landlord not more than two hundred seventy (270 ) days and not Jess than one hundred eighty ( 180 ) days before the expiration of the term, provided that if the Semin ip dctaulton the date of giving option notice, the option notice shall be ineffective, or if the Tenant is in default on the day the extended term is to commence, the extended term shall not coramence and this lease shall expire at the end of the initial term or the extended term then in effect. In the event Tenant does not notify Landlord of Option to Renew by one hundred eighty ( 180) days before the expiration of the term, Landlord agrees to notify Mariner Bank in writing. Mariner Bank shall have 30 days from date of receipt of this notice to exercise option. This shall apply only to the first option to renew. The parties shall have thirty ( 30 } days after the Landlord receives option notice in which to agree on minimum monthly rent during the extended tert. : In the event that the parties are unable to agree upon the amount of said increase, than the matter of the amount shall be determined by y eppraisal, each party at each persons expense is to appoint an appraiser ta appraise rental income properties of the same type as the leased premises, and if the two so designated are unable to agree, then they shall select a third appraiser and a decision of the majority of them shall be binding upon the parties in the absence of fraud or manifest error. The appointment of such appraisers shall be at least sixty ( 60 ) days prior to the commencement of any such period of the lease for which the minimum rent is to be adjusted and the decision of such appraisers shall be arrived at and made in writing not less than thirty ( 30) days prior to the commencement of any such period. . UTILITIES : Electric: Paid by Lessor Water / Sewer : Paid by Lessor Garbage : Paid by Lessor Propane : Separately metered and paid by lessee direct to propane supplier. OPTION FOR ADDITIONAL BASEMENT SPACE: Lessce shall have the first option to rent additional basement space. COMMON AREAS : All common areas are each tenants responsibility to keep their part clean, orderly and free of any obstructions or hazards. ‘Mar 13° 09 01:24p Triple Mash C ‘ 79-6438 p.i3 OT LUT | Beae Jefferson County, WR OKFFERRON TITLE CO 1 or sal RIDERS TO LEASE DATED _ Aer: lL 2g 2004 BETWEEN WATERSTREET CORP., LESSOR and_Triehe Mass Cone. , LESSEE DECIBEL LEVELS ALLOWED : The decibel level of music live or canned shail not exceed 85. . decibels as measure at the door with decibel meter ( hearing damage begins at 85 decibels with prolonged exposure ). Each measured occurrence over 85 decibels shall result in a one hundred fifty doliar ( $ 150.00 ) surcharge for each occurrence, due within Five (5 ) day of written notice. Lf there are more than six (6 ) measured occurrences jn a calendar year, this lease shal] be iramediately null and void. LIVE ENTERTAINMENT : The lessee agrees to make available a schedule of Live Entertainment on or before the 10th of each month for the following month, so that all the tenants in the building may be notified. AD live entertainment shall cease by 1 a.m, on Saturday and Sunday mornings,and by 12 a.m. on Monday thru Fridays. 4 ’ Fred Slota From: Chris Riffle [cjriffle@plattirwin.com] Sent: Wednesday, March 03, 2010 10:54 AM To: John Watts Cc: Fred Slota; mike@samov.com Subject: RE: Water Street Brewing - Port Townsend John: Thank you for your email. While you express that the City does not involve itself in lease interpretation, it appears that this is precisely what you have done in reaching your decision on this matter. The relevant lease requires landlord approval only if the lessee seeks to make “alterations, additions and improvements” (see Section 9 of the Lease). Each of these terms contemplates physical changes to a building which are permanent in nature — not the addition of a non-permanently affixed structure (such as the vestibule) that may be easily removed whenever necessary. Thus, in this instance, Triple Mash is authorized by the Lease to add the vestibule without owner consent. Triple Mash would likewise be considered an “authorized agent” under Section 105 of the IBC. I value and respect your position on this matter, but would appreciate some information from you on how my client may appeal your decision if it chooses to do so. Best regards, Chris CONFIDENTIALITY: This message is from the Platt Irwin law firm. and contains information which may be confidential and legally privileged. If you have received this message in error, you are strictly prohibited from reading it and from disclosing or using its contents in any manner, and you should immediately delete it. The unauthorized disclosure or use of confidential or privileged information inadvertently transmitted to you may result in criminal and/or civil liability. REQUIRED IRS CIRCULAR 230 NOTICE: Any advice expressed as to tax matters was neither written nor intended to be used, and cannot be used, by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law or for the purpose of complying with IRS Circular 230. Christopher J. Riffle Platt Irwin Law Firm 403 South Peabody Street Port Angeles, WA 98362 Phone: (360) 457-3327 Fax: (360) 452-5010 From: John Watts [mailto:jwatts@cityofpt.us] Sent: Tuesday, March 02, 2010 3:57 PM To: Chris Riffle (cjriffle@plattirwin.com) Cc: Fred Slota; 'mike@samov.com’ Subject: Water Street Brewing - Port Townsend Chris — City Building Official Fred Slota gave me a copy of Mike Samodurov’s Feb. 25 letter requesting that | contact you on the issue of whether the lease does or does not allow the tenant to perform the proposed vestibule improvements and/or whether owner consent is required. The City does not get involved in interpreting private leases. Section 105 of 1 Ad » the International Building Code (which the City has adopted) says “the owner or authorized agent who intends to construct,...repair...[ matters regulated by the IBC — under the IBC the vestibule requires a permit] shall make application ... and obtain the required permit.” Because the application is by the tenant, and Mr. Samodurov indicated to Fred that the owner might not approve, the City is not in a position to issue a permit for the vestibule improvements. If Mr. Mr. Samodurov can provide a document showing owner consent to the proposed improvements, he should do so. The lease does not do this. As an aside, it would appear that the proposed improvements clearly constitute “alterations,” and are not “repair and maintenance. But this is not the City’s issue to resolve. If you have further information on this matter or wish to discuss it further, please let me know. Thanks. John Watts City Attorney - City of Port Townsend 250 Madison Street, Suite 2 Port Townsend, WA 98368 Telephone: 360/379-5048 Fax: 360/385-4290