HomeMy WebLinkAbout5463 RESOLUTION NO 5 4 6 3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AMENDMENTS TO
CERTAIN AUBURN MUNICIPAL AIRPORT LAND
LEASES RELATING TO THE IMPLAMENTATION OF
THE 2020 FAIR MARKET VALUE LEASE RATE
ADJUSTMENT
WHEREAS, the City of Auburn has entered into various land leases over
the last several years for land located on the Auburn Municipal Airport; and
WHEREAS, each of the land leases contains a Fair Market Valuation (FMV)
rent escalation clause; and
WHEREAS, the appraisal establishing the FMV rent for the 2020 term
calculated a rent amount that is substantially higher than the current lease rate;
and
WHEREAS, the City and those tenants subject to the 2020 FMV escalation
each desire to increase the rent over two years in an effort to ease the financial
burden on those Airport land tenants.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is authorized to execute lease amendments
to the six Airport land leases subject to the 2020 FMV escalation provided that
each amendment is in substantial conformity to the respective exhibit, attached as
Exhibits "A" , "B," "C," "D," "E," and "F."
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Resolution No 5463.
November 12, 2019
Page 1 of 2
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this 2nd day of December, 2019.
CITY OF AUBURN
s•
ANCYB A 'U , IA OR
ATTEST:
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
911 N.�
Steven L. Gross, City Attorney
Resolution No 5463.
November 12, 2019
Page 2 of 2
EXHIBIT A
CITY OF AUBURN /
Auburn Condo Hangars Association
(FOURTH AMENDMENT)
COVER SHEET
FOURTH AMENDMENT TO THE LEASE AGREEMENT
BETWEEN THE CITY OF AUBURN AND AVIATION PROPERTIES,INC.
THIS AMENDMENT is made and entered into this day of ,
2019, by and between the CITY OF AUBURN, a municipal corporation of the State of
Washington(hereinafter referred to as the"CITY"),and Auburn Condo Hangars Association
(hereinafter referred to as Lessee), as an addendum to the Lease Agreement between the parties
for land located on the Auburn Municipal Airport("Airport")executed on the 8th day of June,
2001.
WITNESSETH:
WHEREAS, the City of Auburn ("CITY"), and Aviation Properties, Inc. ("API") entered
into a Lease Agreement dated June 8, 2001, a memorandum of which was recorded with the
Auditor of King County, Washington, under Auditor's File No. 20020627002407 on the 27th day
of June, 2002; and
WHEREAS,Pursuant to Paragraph 12 of the Lease Agreement between API and the CITY,
API had the right to create a Condominium Association which was created and recorded with the
Auditor of King County, Washington,under Auditor's File No. 20030415000674; and
WHEREAS, Pursuant to Paragraph 12(b) of the Lease Agreement between API and the
CITY,the Lease was automatically assigned to the Auburn Condo Hangars Association("ACHA")
for the assumption of all responsibilities under this Lease Agreement; and
WHEREAS,The Lease Agreement has twice been amended; The first dated November
19, 2002 and the second dated August 3,2016; and
WHEREAS, Sections 5(a) and 5(d)provide for annual periodic rent adjustments
including adjustments based upon"fair market rental value"(FMV)of the Premises;and
WHEREAS, Due to the size and maintenance responsibilities of the tenant this leasehold
has in the past realized a discount rate applied to the FMV appraisal; and
WHEREAS, Resolution 5457 amended the FMV adjustment schedule;
NOW THEREFORE in consideration of their mutual covenants,conditions and promises,
the Parties agree as follows:
The following Paragraph 5(e)is hereby added to the Lease Agreement:
5(e) The 2020 FMV adjustment as defined in Section 5 of this Lease Agreement as
amended will be implemented over two years in the following manner:
Fourth Amendment to Lease Agreement between COA&Aviation Properties, Inc.
Original Lease approved under Resolution NO. 3353
(i) For the 2020 calendar year term the FMV adjustment will be charged at a per square
foot rate of$0.465.
(ii) For the 2021 calendar year term a rate of$0.54 per square foot will be charged in
place of the scheduled CPI adjustment.
All other terms and conditions of this Lease Agreement as amended shall remain the
same.
[SIGNATURES ON THE FOLLOWING PAGES]
Fourth Amendment to Lease Agreement between COA&Aviation Properties, Inc.
Original Lease approved under Resolution NO. 3353
,
Dated and Signed on this Atai day of Oc..j ger , 2019
Auburn Condo Hangars Association
P�¢e57 ir—
Name: Title:
STATE OF WASHINGTON )
) ss.
County of )
The undersigned Notary Public hereby certifies: That on this of r day of A • ,
20 // ,personally appeared before me 4a.u�j� ��Q.�O-ems (name),
�) (title),to e known to b the individual(s)described in
and who executed the within instrument, and acknowledged that he/she signed and sealed the same
as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on
oath stated that he/she was duly authorized to execute said document on behalf of
(4424 rvvrt.Gror-e Ate> 441-74441._ ASsee..._,
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
( '41".6.111114\
Notary Public in and for the State of Washington,
+s fbe Residing at b()A-
toofilsOcv j My commission expires /O— 69' —,::?\_
Vpillaip
Fourth Amendment to Lease Agreement between COA&Aviation Properties, Inc.
Original Lease approved under Resolution NO. 3353
Y
Dated and Signed on this a day of „_ ,A,....__N, , 2019
City of Auburn
Yi.: _"- Ile litsw
Mayor: Nancy I''•. us
14,
Approve+s to fo I•
11
City Attorney: Steven L. Gross
STATE OF WASHINGTON )
ss.
County of \`‘', r„ )
The undersigned Notary Public hereby certifies: That on thisoll- day of Th„,c,,.,,,,v.,_,
20`S , personally appeared before me .(-N,„,__\ ,-1..,,\L�\L s (name),
�-�� ,-._....,,o k (title),to me known to be the individual(s)described in
and who executed the within instrument, and acknowledged that he/she signed and sealed the same
as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on
oath stated that he/she was duly authorized to execute said document on behalf of
C .\-
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
` \.\\‘\\\1\1111!
,� l CAMPQ�i'i�/ _
/ - -
-
'^gooµEXP,4;4„�e /�, Notary Public in and for the State of Washington,
�'l o'sARy �`n�% i
a i r , Z 5 Residing at `-.-- „,,•,_„..,,, \__c_,+ , , ,,.v Q
u r .� /o � My commission expires oy c./a._,a.,
_
Fourth Amendment to Lease Agreement between COA&Aviation Properties, Inc.
Original Lease approved under Resolution NO. 3353
EXHIBIT B
CITY OF AUBURN /
JAMES E. JACOBSEN
(SECOND AMENDMENT)
COVER SHEET
SECOND AMENDMENT TO THE LEASE AGREEMENT
BETWEEN THE CITY OF AUBURN AND JAMES E.JACOBSEN.
THIS AMENDMENT is made and entered into this day of ,
2019,by and between the CITY OF AUBURN, a municipal corporation of the State of
Washington(hereinafter referred to as the"CITY"), and JAMES E.JACOBSEN (hereinafter
referred to as Lessee), as an amendment to the Lease Agreement between the parties for land
located on the Auburn Municipal Airport("Airport") dated the 3rd day of June, 2002.
WITNESSETH:
WHEREAS, the City of Auburn and James E. Jacobsen entered into a Lease Agreement
dated June 3, 2002 authorized under resolution 3474; and
WHEREAS, Sections 5(a) and 5(d)provide for annual periodic rent adjustments
including adjustments based upon"fair market rental value"(FMV) of the Premises,
WHEREAS, Resolution 5457 amended the FMV adjustment schedule;
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
the Parties agree as follows:
The following Paragraph 5(e) is hereby added to the Lease Agreement:
5(e) The 2020 FMV adjustment as defined in Section 5 of this Lease Agreement as
amended will be implemented over two years in the following manner:
(i) For the 2020 calendar year term the FMV adjustment will be charged at a per square
foot rate of$0.715.
(ii) For the 2021 calendar year term a rate of$0.825 per square foot will be charged in
place of the scheduled CPI adjustment.
All other terms and conditions of this Lease Agreement as amended shall remain the
same.
[SIGNATURES ON THE FOLLOWING PAGES]
Second Amendment to Lease Agreement between COA &James E.Jacobsen
Original Lease approved under Resolution NO. 3474
Dated and Signed on this _V/-day of4441‘40-V' , 2019
James E. Jacobsen
.•-� b SC-
Name: Title:
STATE OF WASHINGTON
) ss.
County of )
The undersigned Notary Public hereby certifies: That on thiso�l day f
20 /9 , personally appeared before me f. (name),
(title) o me known to e the individual(s) described in
and who executed the within instrument, and acknowledged that he/she signed and sealed the same
as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on
oath stated that he/she was duly authorized to execute said document on behalf of
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
• A, Sr) °I 4-l.�4.t .A- 1
t,„
€8108''ti, .y'e Notary ublic in and for the State of Washington,
N oA1�y Cr"%r Residing at
(i_40%G "DUBUC ro My commission expires /U -6Q_
•
�q, c<• '+i,,F'RES� �,/,‘—).7'
Second Amendment to Lease Agreement between COA&James E.Jacobsen
Original Lease approved under Resolution NO. 3474
Dated and Signed on this a4- day of , 2019
City of Auburn
May r: Nancy I us
Approvi;s to fu•
Pik
1.0
City Attorney: Steven L. Gross
STATE OF WASHINGTON
) ss.
County of \A'. �� )
The undersigned Notary Public hereby certifies: That on this a day of C>��,, �+-`, ,
20 \ , personally appeared before me ���„`� �����5 (name),
(title), to me known to be the individual(s) described in
and who executed the within instrument, and acknowledged that he/she signed and sealed the same
as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on
oath stated that he/she was duly authorized to execute said document on behalf of
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
`\‘‘‘‘\\\t1t1
i
Ii
,• N K. Cq i��,
= ��i� Notary Public in and for the State of Washington,
c° °TA�'�m',r Residing at
• �
4 5 My commission expires c,-y c -7
•
,/��,���IWAS\`N
Second Amendment to Lease Agreement between COA&James E.Jacobsen
Original Lease approved under Resolution NO. 3474
EXHIBIT C
CITY OF AUBURN /
AUBURN HANGARS OWNERS ASSOCIATION
(THIRD AMENDMENT)
COVER SHEET
THIRD AMENDMENT TO THE LEASE AGREEMENT
BETWEEN THE CITY OF AUBURN AND HU, INC.
THIS AMENDMENT is made and entered into this '2,( day of c"ct-a f'A°2
2019,by and between the CITY OF AUBURN, a municipal corporation of the State of
Washington(hereinafter referred to as the"CITY"), and Auburn Hangars Owners Association
(hereinafter referred to as Lessee), as an addendum to the Lease Agreement between the parties
for land located on the Auburn Municipal Airport("Airport") dates the 14th day of September,
2001.
WITNESSETH:
WHEREAS, the City of Auburn, and HU, Inc., doing business as Hangars Unlimited
("HU") entered into a Lease Agreement dated September 14, 2001, a memorandum of which was
recorded with the Auditor of King County,Washington,under Auditor's File No 20030512000474
on the 12th day of May, 2003; and
WHEREAS, Pursuant to Paragraph 12 of the Lease Agreement between HU, Inc. and the
CITY, HU, Inc. had the right to create a Condominium Association which was created and
recorded with the Auditor of King County, Washington, under Auditor's File No.
20030416002595; and
WHEREAS, Pursuant to Paragraph 12(b) of the Lease Agreement between HU, Inc. and
the CITY, the Lease was automatically assigned to the Auburn Hangars Owners Association for
the assumption of all responsibilities under this Lease Agreement; and
WHEREAS, The Lease Agreement was previously amended on April 23, 2002; and
WHEREAS, Sections 5(a) and 5(d)provide for annual periodic rent adjustments
including adjustments based upon"fair market rental value" (FMV) of the Premises,
WHEREAS, Resolution 5457 amended the FMV adjustment schedule
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
the Parties agree as follows:
The following Paragraph 5(e) is hereby added to the Lease Agreement:
5(e) The 2020 FMV adjustment as defined in Section 5 of this Lease Agreement as
amended will be implemented over two years in the following manner:
(i) For the 2020 calendar year term the FMV adjustment will be charged at a per square
foot rate of$0.715.
Third Amendment to Lease Agreement between COA & HU, Inc.
Original Lease approved under Resolution NO. 3364
(ii) For the 2021 calendar year term a rate of$0.825 per square foot will be charged in
place of the scheduled CPI adjustment.
All other terms and conditions of this Lease Agreement as amended shall remain the
same.
[SIGNATURES ON THE FOLLOWING PAGES]
Third Amendment to Lease Agreement between COA& HU, Inc.
Original Lease approved under Resolution NO. 3364
Dated and Signed on this day of c c2 v P e/'` , 2019
Auburn Hangars Owners Association
p Sipe
Name: Title::
STATE OF WASHINGTON
ss.
County of K (-,1
The undersigned Notary Public hereby certifies: That on this c){ day of OC*e1crc r
20 )01 , personally appeared before me R A,u o 1 L[- 5"5e) G tkA SS (name),
P 2 H S;o.7- (title), to me known to be the individual(s) described in
and who executed the within instrument, and acknowledged that he/she signed and sealed the same
as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on
oath stated that he/she was duly authorized to execute said document on behalf of
AK Bu 2N liq,1i4C9ce;.v eeS A SScCi.► Tick
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
JARED GARRIDO Notar ublic in and for the State of Washington,
NOTARY PUBLIC
STATE OF WASHINGTON Residi at Aolov.f r-
MyCommissionExpiresDecember13,2021 My commission expires d-° 1
Third Amendment to Lease Agreement between COA& HU, Inc.
Original Lease approved under Resolution NO. 3364
Dated and Signed on this day of , 2019
City of Auburn
CVN ?::: Calk145-
M or: Nanc ckus
Approved as to fo :
City Attorney: Steven L. Gross
STATE OF WASHINGTON
) ss.
County of "k. �� )
The undersigned Notary Public hereby certifies: That on this ate' day of Qe_c_.. ,
20 \C-\ , personally appeared before me (name),
(title), to me known to be the individual(s) described in
and who executed the within instrument, and acknowledged that he/she signed and sealed the same
as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on
oath stated that he/she was duly authorized to execute said document on behalf of
•
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
y,1NK. Cq�14
cc= tip Notary�i, Notary Public in and for the State of Washington,
° `'°TA,01 73 r Residing at �� � \•
My commission expires A/ pct./
fit VASH\N \�.
Third Amendment to Lease Agreement between COA& HU, Inc.
Original Lease approved under Resolution NO. 3364
EXHIBIT D
CITY OF AUBURN /
AUBURN FLYERS CONDO I
(SECOND AMENDMENT)
COVER SHEET
SECOND AMENDMENT TO THE LEASE AGREEMENT
BETWEEN THE CITY OF AUBURN AND NW HANGARS,LLC.
THIS AMENDMENT is made and entered into this 2-5 day of 001-0(7Cr ,2019,
by and between the CITY OF AUBURN, a municipal corporation of the State of Washington
(hereinafter referred to as the"CITY"), and Auburn Flyers Condo I (hereinafter referred to as
Lessee), as an addendum to the Lease Agreement between the parties for land located on the
Auburn Municipal Airport("Airport")executed on the 17th day of June, 2002.
WITNESSETH:
WHEREAS, the City of Auburn ("CITY"), and NW Hangars, LLC. ("Lessee") entered
into a Lease Agreement dated June 17, 2002, recorded with the Auditor of King County,
Washington,under Auditor's File No. 20021212002550 on the 12th day of December, 2002; and
WHEREAS, Pursuant to Paragraph 12 of the Lease Agreement between Lessee and the
CITY, Northwest Hangars LLC had the right to create a Condominium Association which was
created and recorded with the Auditor of King County, Washington, under Auditor's File No.
20021212000129; and
WHEREAS, Pursuant to Paragraph 12(b) of the Lease Agreement between NW Hangars
LLC and the CITY, the Lease was automatically assigned to the Auburn Flyers Condo I ("AFC
I") for the assumption of all responsibilities under this Lease Agreement; and
WHEREAS, Sections 5(a) and 5(d) provide for annual periodic rent adjustments
including adjustments based upon"fair market rental value"(FMV)of the Premises,
WHEREAS,Resolution 5457 amended the FMV adjustment schedule;
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
the Parties agree as follows:
The following Paragraph 5(e)is hereby added to the Lease Agreement:
5(e) The 2020 FMN adjustment as defined in Section 5 of this Lease Agreement as
amended will be implemented over two years in the following manner:
(i) For the 2020 calendar year term the FMV adjustment will be charged at a per square
foot rate of$0.715.
(ii) For the 2021 calendar year term a rate of$0.825 per square foot will be charged in
place of the scheduled CPI adjustment.
All other terms and conditions of this Lease Agreement as amended shall remain the
same.
Second Amendment to Lease Agreement between COA & NW Hangars, LLC.
Original Lease approved under Resolution NO. 3484
Dated and Signed on this 25 day of 6 C 6 e , 2019
Auburn Flyers Condo I
P(e5tde��
Name: I Title:
Nichol S 2f}155/5
STATE OF WASHINGTON
) ss.
County of k�� )
The undersigned Notary Public hereby certifies: That on this 25 day of Oe ,
20 I? ,personally appeared before me /V 4, AG/55/`S (name),
Pre-S)`dg4+ (title), to me known to be the individual(s)described in
and who executed the within instrument, and acknowledged that he/she signed and sealed the same
as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on
oath stated that he/she was duly authorized to execute said document on behalf of
ubu rA flyers Cbo .
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
/ Notary Public
State of Washington , 0—T IV/j
DONALD J BAILEY ,
COMMISSION#205813 Notary Public i fpre Stat of Washington,
�nrCF COMMISSION EXPIRES Residing at ICS n f/1/4.
February 25 '02
My commission expires 7c.z.b 25- . .3
Second Amendment to Lease Agreement between COA & NW Hangars, LLC.
Original Lease approved under Resolution NO. 3484
City of Auburn
PC; '�
Mayor: Nancy Bs
Approved as to fo• •
City Attorney: Steven L. Gross
STATE OF WASHINGTON
)ss.
County of \c . �� )
The undersigned Notary Public hereby certifies: That on this day of moo U 0-c
20 \ , personally appeared before me \ Q - c , � c c��L� S (name),
k (title), to me known to be the individual(s) described in
and who executed the within instrument, and acknowledged that he/she signed and sealed the same
as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on
oath stated that he/she was duly authorized to execute said document on behalf of
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
Pek; Notary Public in and for the State of Washington,
_,�'�. \\\\\\\\\\\\\\\s P, ,,, 'i�� Residing atr.
3_h OtPRY s �'%.71-%
My commission expires z�-\ o`\/a��o
Q —Z`x 5-2 = • i . i l
Pus`'
.o sz
/"li is•,11‘‘‘‘‘‘,,,,\‘‘',.O\\" ` •;-
Second Amendment to Lease Agreement between COA& NW Hangars, LLC.
Original Lease approved under Resolution NO. 3484
EXHIBIT E
CITY OF AUBURN /
AUBURN FLYERS CONDO II
(SECOND AMENDMENT)
COVER SHEET
SECOND AMENDMENT TO THE LEASE AGREEMENT
BETWEEN THE CITY OF AUBURN AND NW HANGARS,LLC.
THIS AMENDMENT is made and entered into this tk...day of Nd vit-Ji 4a- ,
2019,by and between the CITY OF AUBURN, a municipal corporation of the State of
Washington(hereinafter referred to as the"CITY"), and Auburn Flyers Condo II (hereinafter
referred to as Lessee), as an addendum to the Lease Agreement between the parties for land
located on the Auburn Municipal Airport("Airport") dated the 23rd day of January, 2004.
WITNESSETH:
WHEREAS, the City of Auburn, and NW Hangars, LLC. entered into a Lease Agreement
dated January 23, 2004, recorded with the Auditor of King County, Washington, under Auditor's
File No. 20040202001780 on the 2nd day of February, 2004; and
WHEREAS, Pursuant to Paragraph 12 of the Lease Agreement between Lessee and the
CITY, Northwest Hangars LLC had the right to create a Condominium Association which was
created and recorded with the Auditor of King County, Washington, under Auditor's File No.
20040202002409; and
WHEREAS, Pursuant to Paragraph 12(b) of the Lease Agreement between Northwest
Hangars LLC and the CITY, the Lease was automatically assigned to the Auburn Flyers Condo II
("AFC II") for the assumption of all responsibilities under this Lease Agreement; and
. WHEREAS, Sections 5(a) and 5(d)provide for annual periodic rent adjustments
including adjustments based upon"fair market rental value" (FMV)of the Premises,
WHEREAS, Resolution 5457 amended the FMV adjustment schedule;
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
the Parties agree as follows:
The following Paragraph 5(e) is hereby added to the Lease Agreement:
5(e) The 2020 FMV adjustment as defined in Section 5 of this Lease Agreement as
amended will be implemented over two years in the following manner:
(i) For the 2020 calendar year term the FMV adjustment will be charged at a per square
foot rate of$0.715.
(ii) For the 2021 calendar year term a rate of$0.825 per square foot will be charged in
place of the scheduled CPI adjustment.
All other terms and conditions of this Lease Agreement as amended shall remain the
same.
Second Amendment to Lease Agreement between COA & NW Hangars, LLC.
Original Lease approved under Resolution NO. 3681
Dated and Signed on this ,,t day of MI v-L2-)t/? - , 2019
Auburn Flyers Condo II
(0 SNG-C4AX-r-6177/V644 U Le:A'
Name: Title: 1
STATE OF WASHINGTON
) ss.
County of 1 )
The undersigned Notary Public certifies: That,orlthis day of )\ J\I€�
20 l ,personal ap seared before meh i( >CUYI �� (name),
(E3- t, r , (title), to me known to be the individual(s) described in
and who exe :e the within instrument, and acknowledged that he/she signed and sealed the same
as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on
oath stated that he/she w dul auth zed to execute said document on behalf of
-Flyers
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
TANYA KOCH
Notary PUblic N ry Pu.lic in a d f.r the State f shington,
State of Washington esiding at au/ 4/.44.e._
Commission# 145121
My Comm. Expires Sep 20, 2023 My commission expires 6//,O
Second Amendment to Lease Agreement between COA& NW Hangars, LLC.
Original Lease approved under Resolution NO. 3681
City of Auburn
Mayor: Nanc Backus C��
Approved as to form:
City • ttorney: Steven L. Gross
STATE OF WASHINGTON
ss.
County of \L • r.� )
The undersigned Notary Public hereby certifies: That on this tsl, day of T\o,,, ,
20 V c-\., personally appeared before me c cwt �� ���s (name),
(title), to me known to be the individual(s) described in
and who executed the within instrument, and acknowledged that he/she signed and sealed the same
as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on
oath stated that he/she was duly authorized to execute said document on behalf of
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
\"i ,r,,,CA ���
AAfA 'IIi, Notary Public in and for the State of Washington,
i
\y9�Ot014, F( ', Residing at
• o ° Rh �", My commission expires ��j o5v .%
• -v
..
2
% N '/i VB' O �� S
4 ng
O1 W Acs
Second Amendment to Lease Agreement between COA& NW Hangars, LLC.
Original Lease approved under Resolution NO. 3681
EXHIBIT F
CITY OF AUBURN /
AUBURN FLYERS CONDO III
(SECOND AMENDMENT)
COVER SHEET
SECOND AMENDMENT TO THE LEASE AGREEMENT
BETWEEN THE CITY OF AUBURN AND NW HANGARS,LLC.
THIS AMENDMENT is made and entered into this day of N oV QOM 19eAr- ,
2019,by and between the CITY OF AUBURN, a municipal corporation of the State of
Washington(hereinafter referred to as the"CITY"), and Auburn Flyers Condo III(hereinafter
referred to as Lessee), as an addendum to the Lease Agreement between the parties for land
located on the Auburn Municipal Airport("Airport") dated the 14TH day of September, 2005.
WITNESSETH:
WHEREAS,the City of Auburn, and NW Hangars, LLC. entered into a Lease Agreement
dated September 14, 2005, recorded with the Auditor of King County, Washington, under
Auditor's File No. 20060724001167 on the 24th day of July,2006; and
WHEREAS, Pursuant to Paragraph 13 of the Lease Agreement between Lessee and the
CITY, Northwest Hangars LLC had the right to create a Condominium Association which was
created and recorded with the Auditor of King County, Washington, under Auditor's File No.
20060724001166; and
WHEREAS, Pursuant to Paragraph 13(b) of the Lease Agreement between NW Hangars
LLC and the CITY, the Lease was automatically assigned to the Auburn Flyers Condo III ("AFC
III") for_the assumption of all responsibilities under this Lease Agreement; and
WHEREAS,Sections 6(a) and 6(d)provide for annual periodic rent adjustments
including adjustments based upon"fair market rental value"(FMV)of the Premises,
WHEREAS,Resolution 5457 amended the FMV adjustment schedule
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
the Parties agree as follows:
The following Paragraph 6(e)is hereby added to the Lease Agreement:
6(e) The 2020 FMV adjustment as defined in Section 5 of this Lease Agreement as
amended will be implemented over two years in the following manner:
(i) For the 2020 calendar year term the FMV adjustment will be charged at a per square
foot rate of$0.715.
(ii) For the 2021 calendar year term a rate of$0.825 per square foot will be charged in
place of the scheduled CPI adjustment.
All other terms and conditions of this Lease Agreement as amended shall remain the
same.
Second Amendment to Lease Agreement between COA& NW Hangars, LLC.
Original Lease approved under Resolution NO. 3894
Dated and Signed on this day of 7 v ,i^n k€ , 2019
Auburn Flyers Condo III
RanmOn M cfa✓lanPi re r uc- 5v 112 sS t Ccvurii o.(40 -ri
Name: Title:
STATE OF WASHINGTON
) ss.
County of I tr )
The undersigned Notary Public hereby certifies: .t on this day of KO\f-ei
20 personally appeared before mel N a h . A J (name),
i�.a . 4-it -} - In� ;! a 'title), to me known to be the individual(s)described in
and who executed the within i f.trusnent, and acknowledged that he/she signed and sealed the same
as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on
hath.stated that he/she m
as y a zed to execute said document on behalf of
yUyv►�0`�
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
Ali
Notary-Public in and for th- Stat W of shington,
TANYA KOCH %c
Residing at il -L
( Sta eotary of W shinigton My commission expires 197b.
Commission#145121
( My Comm. Expires Sep 20, 2023
Second Amendment to Lease Agreement between COA& NW Hangars, LLC.
Original Lease approved under Resolution NO.3894
City of Auburn
WW
Ma or: Nancy kus
Approve,s to fo
vab
City Attorney: Steven L. Gross
STATE OF WASHINGTON
)ss.
County of \•, c•cx
The undersigned Notary Public hereby certifies: That on this—'J-day
20 \\,personally appeared before me rcLA 5 (name),
(title), to me known to be the individual(s)described in
and who executed the within instrument, and acknowledged that he/she signed and sealed the same
as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on
oath stated that he/she was duly authorized to execute said document on behalf of
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
CAMp 1/6 Notary Public in and for the State of Washington,
g1oN e"11,, 4�/ Residing at
= � �'.ir
r_�a OjAR/- pfi e My commission expires off/1aQ
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Second Amendment to Lease Agreement between COA& NW Hangars, LLC.
Original Lease approved under Resolution NO. 3894