HomeMy WebLinkAboutLease Agreement With Classic Helicopter Draft V1 11/1/2020
AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF AUBURN AND
CLASSIC HELICOPTER CORP.,
THIS LEASE AGREEMENT (the "Lease") is entered into this
(D4" j{r.eyrbye.h , 2020 by and between the City of Auburn, a Washington municipal
corporation("Landlord," or"City") and Classic Helicopter Corp., a Washington Corporation(the
"Tenant").
RECITALS:
1.The City owns and operates The Auburn Municipal Airport which has space available for lease;
and
2. Classic Helicopter wishes to enter into a lease for space located on airport property for the
purpose of aircraft rentals, flight instruction and helicopter tours; and
3. The City of Auburn is authorized by RCW 14.08.120(1)(d) to lease city owned property to
Classic Helicopter for the common benefit; and
4. The Auburn City Council approved this Lease through its enactment of Resolution 5560.
NOW, THEREFORE, in consideration of their mutual promises set out in this Lease, Classic
Helicopter Corp., and The City of Auburn agree as follows:
ARTICLE 1: PREMISES LEASED
1.1) For and in consideration of the rent and faithful performance by Tenant of the terms and
conditions and the mutual covenants hereof, Landlord agrees lease to Tenant, and Tenant agrees
lease from Landlord,the office building on the Auburn Municipal Airport(the"Airport"), located
at 400 23rd St. NE (commonly referred to as the "400 Building") together with the seven (7)
airplane tie-downs (together "Premises") depicted in Exhibit A attached. Tenant shall also have
the non-exclusive use of the seven (7) automotive parking stalls located directly to the east of the
400 building.The Premises is situated in the City of Auburn,County of King,State of Washington.
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1.2) Tenant acknowledges and agrees that it is relying solely on its inspection and investigation
of the Premises, and accepts the property "AS-IS, WHERE IS" in its present condition with no
warranties of any kind, expressed or implied, either oral or written, made by Landlord or any
employee, agent or representative of Landlord with respect to the physical condition of the
Premises. Tenant shall have determined to its satisfaction upon its execution hereof that the
Premises can be used for the purposes it intends and which are described in Article 4 below and
permitted under this lease. Tenant acknowledges and agrees that neither Landlord nor Landlord's
employees,agents,representatives or otherwise have made,and does not make any representations
or warranties of any kind or character whatsoever, whether expressed or implied, with respect to
the habitability, leaseability or suitability for commercial purposes, merchantability, or fitness for
a particular purpose of the Premises. Landlord makes no warranties to the presence or absence of
any hazardous substances,wastes or materials as defined by State,Federal or Local Law. Landlord
does represent that, to the best of the Landlord's knowledge,without duty of inquiry, there are no
hazardous wastes or materials on, in or under the Premises.
1.3) No building,structure,or improvements of any kind shall be erected,placed upon,operated
or maintained on the Premises, nor shall any business or operation be conducted or carried on in
violation of any ordinance, law, statute, by-law, order, or rule of any governmental agency having
jurisdiction thereover.
ARTICLE 2: TERM
2.1) Initial Term. The initial term of this Lease shall begin on January 1, 2021 (hereinafter
referred to as the "Commencement Date"), and terminate at midnight on December 31, 2024,
unless sooner terminated pursuant to any provision of this Lease (the "Term"). If Landlord, for
any reason whatsoever, cannot deliver possession of the Premises to Tenant on the
Commencement Date, Landlord shall not be subject to any liability nor shall the validity of the
Lease be affected; provided, the Term of this Lease shall commence on the date possession is
actually tendered to Tenant but the Expiration Date shall not be adjusted.
2.2) Extension Options. Provided that Tenant faithfully performs all of the terms and conditions
of this Lease,City grants to Tenant the option to extend the currently effective Lease term for three
(3) years, two consecutive times ("Extension Options"). Each of the Extension Options must
commence immediately following the conclusion of the prior term without interruption or a delay
in the next three year term. Each Extension Option shall be exercisable only by written notice
("Exercise Notice"), which Tenant must deliver to the City in accordance with Article 12 below,
between August 1 and August 31 of the then final term year.
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2.3) Default; Rights Personal. Notwithstanding anything in the foregoing to the contrary, at
City's option, and in addition to all of City's remedies under this Lease, at law or in equity, the
applicable Extension Option shall not be deemed properly exercised if, as of the date Tenant
delivers the applicable Exercise Notice Subtenant has previously been in default under the Lease
beyond all applicable notice and cure periods. In addition, each Extension Option is personal to
the Original Tenant and may not be assigned or exercised, voluntarily or involuntarily, by or to,
any person or entity other than the Original Tenant, and shall only be available to and exercisable
by the Original Tenant when the Original Tenant is in actual and physical possession of the
Premises.
ARTICLE 3: RENT AND LEASEHOLD TAX
3.1) Upon commencement of the Initial Term, Tenant shall pay to the City of Auburn a base
rent of$1,550.00 per month for the Premises. In addition to the Base Rent, Tenant shall pay a
monthly Security Fee of Ten Dollars ($10.00) per door and a statutory leasehold excise tax of
12.84%of the monthly Base Rent and Security Fee imposed by RCW Chapter 82.29A. The Base
Rent, Security Fee and leasehold tax (together "Rent") shall equal $1,749.02 per month for the
first year of the Initial Term. Rent shall be paid in full at the office of the Airport Manager or at
such other office as may be directed in writing by the City, on the 1st calendar day of the month in
advance. Rent shall be paid without notice, demand, offset, abatement or deduction of any kind
and should reference: Airport 400 Bldg.Lease. If commencing or extending on a date other than
the first(1St) day of the month then the Rent shall be prorated on a per diem basis and paid in full
through the end of the current month upon commencement of the Lease.
3.2) Late Charges. Tenant hereby acknowledges that late payments of Rent or any other sums
due hereunder will cause the Landlord to incur costs not otherwise contemplated by this Lease.
Accordingly, if any installment of Rent or any other sum due from Tenant is not received by the
Landlord within ten (10) days after such amount shall be due, then, without any requirement for
notice to Tenant,Tenant shall pay the Landlord a late charge equal to 12%of the overdue amount.
The parties agree that such late charges represent a fair and reasonable estimate of the costs the
Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by the
Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue
amount, nor prevent the Landlord from exercising any of the other rights and remedies granted
hereunder. In addition to the late charges provided for in this section, interest shall accrue on rent,
or any other sums due hereunder, at the rate of one and one-half percent (1 and 1/2%) per month
from the date due until paid in full.
3.3) Option Rent. The annual Base Rent payable by Tenant during the applicable Extension
Option(the"Option Rent") shall be determined by the parties. If the parties cannot agree upon the
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Base Rent amounts prior to November 1 of the then current final term year, the option shall
terminate and this Lease shall terminate on the Expiration Date. In no event shall the Option Rent
be less than the current annual rent.
ARTICLE 4: PERMISSIBLE USES
Tenant shall use the Premises for conducting commercial aeronautical uses only. Tenant
acknowledges and agrees that this lease is not subject to RCW 59.18. All Fixed Base Operators
(FBO's) shall be subject to Auburn City Code (ACC) 12.56, the Airport Rules and Regulations,
and the Auburn Municipal Airport's Minimum Operating Standards,hereby attached for reference.
FBO services authorized to be conducted by Tenant on the Premises may include some or all of
the following:
• Aircraft Leasing or Rental Services
• Flight Training Services
• Helicopter Tours
Additional services may be permitted at the discretion of the Landlord and may be subject to
additional requirements and fees. Tenant agrees to remain compliant with the most current
version of the Auburn City Code, Airport Rules and Regulations and Minimum Operating
Standards as they may be updated and amended during the term and any extended terms of the
lease.
ARTICLE 5: HOLDOVER& ABANDONMENT
5.1) Holdover. If Tenant remains in possession of the Premises beyond the expiration of the
then active Lease, Tenant shall be deemed to be Holding Over the Premises and this shall be
referred to as the ("Holdover Period"). Rent during the Holdover Period ("Holdover Rent") shall
be charged at an amount equal to double the then current monthly Base Rent. The Holdover Rent
shall be subject to the Security Fee and State Leasehold Excise Tax described in Article 3.1. Upon
agreement of an extension or otherwise new Lease between Tenant and Landlord, Landlord shall
pro-rate the Holdover Rent for the Holdover period. If a new agreement cannot be reached and
active negotiations cease to exist then this Lease shall automatically convert to a month-to-month
term with rent continuing at the Holdover Rent amount.
5.2) Abandonment. Abandonment of the leased premises, or vacation or desertion of said
Premises for a period of thirty (30) days shall be deemed a default of this Lease and it shall be
lawful for Landlord, its attorneys or representative to re-enter into and repossess the premises.
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ARTICLE 6: MAINTENANCE
6.1) Landlord's Responsibilities. Landlord shall, at their own cost and expense, be responsible
for repair and maintenance of the following: the exterior of the 400 Building including: Exterior
walls, roof, gutters, downspouts, foundation, exterior doors and windows. Landlord shall also be
responsible for repair and maintenance of all sidewalks, landscaping, parking lots, Airport
perimeter fencing and access gates (vehicular & pedestrian), with the exception of the doorbell
and remote notification and access system that opens the pedestrian gate adjacent to the 400
building.The doorbell system is for the sole benefit of the Tenant and therefore shall be maintained
by Tenant at Tenant's sole cost. Landlord shall not be required to repair damage which results
from the act of negligence by the Tenant, his agents, servants, or employees. If Landlord refuses
or neglects to complete repairs, either promptly or adequately, Tenant may, but shall not be
required to complete the repairs and Landlord shall pay the costs thereof.
6.2) Tenant's Responsibilities. Tenant shall, at their own cost and expense be responsible for
repair and maintenance to the interior of the 400 Building, which shall include but not be limited
to: interior walls, ceiling, flooring, electrical, wiring, electrical fixtures, plumbing, plumbing
fixtures, and heating and air conditioning equipment. Tenant shall further be responsible at their
sole cost and expense, for the repair and maintenance of the remote notification, doorbell and
access system that opens the pedestrian gate adjacent to the 400 building and for their own
janitorial and janitorial supplies. Tenant shall not be required to repair damage which results from
acts of negligence by the Landlord, his agents, servants or employees, or when such damage is
caused by any peril included within the Landlord's property insurance coverage. If Tenant refuses
or neglects to commence or complete repairs within thirty days of written notice by the Landlord,
Landlord may,but shall not be required to commence or complete the repairs and Tenant shall pay
the costs thereof to Landlord on demand.
6.3) Natural Disaster or Act of God. In the event that the Premises is damaged due to a natural
disaster or act of God, if the cost of repairing or reconstructing the Premises to the condition and
form immediately prior to such damage or destruction does not exceed thirty-three percent(33%)
of the then new replacement cost thereof, then Landlord shall effect such repair, restoration, and
reconstruction of the Premises so damaged or destroyed to substantially their condition prior to
said damage or destruction in a timely manner. All such work shall be carried out in accordance
with plans and specifications prepared by a licensed architect or engineer if such an architect or
engineer is reasonably required given the scope and nature of the work. Tenant shall continue to
owe Landlord the rent and other monies due under this lease to the extent that the premises remains
useable to Tenant (pursuant to Article 4 of this lease) during such period of reconstruction and/or
restoration.
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6.4) If the cost of repairing, restoring or reconstructing the Premises to the condition and form
immediately prior to such damage or destruction exceeds thirty-three percent (33%) of the then
new replacement cost thereof, then Landlord, in its sole discretion may elect by written notice to
Tenant given within thirty (30) days after the date of the damage to terminate this Lease. If no
notice of termination is given then all obligations set forth in this Lease shall continue, including
but not limited to Rent obligations of the Tenant. In no event shall Landlord be responsible for
damage to Tenant's personal property located on or within the Premises.
6.5) Damage Due to Fire. If the Premises is damaged or destroyed by a fire that the local fire
authority determines the Tenant did not cause, Sections 6.3 and 6.4 above shall apply. If the local
Fire Authority determines that the Tenant caused such fire (by itself or through a guest, agent,
employee, student or otherwise), then Tenant shall pay the cost of repair, restoration,
reconstruction or replacement of the Premises. Repairs, reconstruction or replacement of the
Premises shall be done in a commercially reasonable manner and with the approval of the Landlord
and all obligations under this Lease, including Rent shall remain in full force during such period
of repair, restoration, reconstruction or replacement.
ARTICLE 7: ENVIRONMENTAL PROVISIONS
7.1) Tenant covenants to defend, indemnify, and hold Landlord harmless from any imposition
or attempted imposition by any person upon Landlord of any obligation or cost ("liability") of
whatever form, including, without limitation, damages; claims; governmental investigations,
proceedings or requirements; attorney fees in investigation, at trial or administrative proceeding,
or on appeal;witness or consultant costs;or any other liability to the extent that such liability arises
from a violation, or from the failure to satisfy a requirement of any environmental or land use law
or regulation, proximately resulting from Tenant's use of the Premises during the term of this
Lease, and without regard to when the liability is asserted.
7.2) Tenant has inspected the Premises and accepts it in its present condition. Tenant shall not
cause the premises to be contaminated in any way and in the event of contamination shall
immediately report such contamination to Landlord and shall cause any such contamination to be
remedied by that method recognized by Washington State Department of Ecology and shall
indemnify and hold Landlord harmless from all costs involved in implementing the remedy.
7.3) Any other provision of this Lease to the contrary notwithstanding, Tenant's breach of any
covenant contained in this Article 9 shall be an Event of Default empowering Landlord, in addition
to exercising any remedy available at law or in equity or otherwise pursuant to this Lease, to
terminate this Lease and to evict Tenant from the Premises forthwith, or to terminate Tenant's
right to possession only without terminating this Lease.
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7.4) Tenant shall notify Landlord within twenty-four (24) hours of any release of a reportable
quantity of any hazardous substance (as defined by CERCLA, 42 U.S.C. §§9601, et. seq. and/or
RCW 70A.305, the Washington Model Toxics Control Act), or of the receipt by Tenant of any
notices, orders or communications of any kind from any governmental entity which relate to the
existence of or potential for environmental pollution of any kind existing on or resulting from the
use of the Premises or any activity conducted thereon. If Tenant fails to comply with any of the
requirements of this article, Landlord may undertake, without cost or expense to Landlord, any
actions necessary to protect Landlord's interest including steps to comply with such laws.
ARTICLE 8: INSURANCE COVERAGE,INDEMNIFICATION/HOLD HARMLESS
8.1) Insurance. In accordance with Article 4 of the Auburn Municipal Airport Minimum
Operating Standards, as may be amended from time to time, a copy of which can be found at
auburnmunicipalairport.com/documents-and-forms hereby incorporated by this reference,Tenant
shall at all times have in effect the following types of minimum amounts of insurance as applicable
to the business to be conducted:
(I) Commercial General Liability insurance in the amount of$1,000,000 per occurrence
and $1,000,000 annual aggregate. Such insurance shall contain contractual liability
insurance covering applicable leases, licenses,permits, or agreements.
(II) Commercial/business automobile liability insurance for all owned, non-owned and
hired vehicles assigned to or used in performance of commercial aeronautical activities
in the amount of at least$300,000 per occurrence. If any hazardous material,as defined
by any local, state or federal authority, is the subject,or transported, in the performance
of this contract,an endorsement is required providing$1,000,000 per occurrence limits
of liability for bodily injury and property damage.
(III) Special Causes of Loss Property Form covering all improvements and fixtures on the
commercial airport operator's premises in an amount no less than the full replacement
cost thereof, to the extent of the commercial airport operator's insurable interest in the
premises.
(IV) Worker's compensation insurance as required by law and employer's liability
insurance in the amount of $100,000 per accident, $100,000 disease per person,
$500,000 disease policy limit.
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(V) Aircraft liability insurance in the amount of at least $1,000,000 per occurrence single
limit Bodily Injury and Property Damage Liability including Passengers.
(VI) Hangar keeper's liability insurance in the amount of at least$1,000,000 per occurrence,
or more as values or Landlord require.
(VII) Products-completed operations liability insurance in the amount of at least $1,000,000
per occurrence.
(VIII) If applicable, Tenant shall maintain Environmental Impairment Liability coverage for
any underground or aboveground fuel storage facility, tank, underground or
aboveground piping, ancillary equipment, containment system or structure used,
controlled, constructed or maintained by Tenant in the amount of $1,000,000 each
incident, $2,000,000 aggregate. The policy shall cover on-site and off-site third party
bodily injury and property damage including expenses for defense, corrective action
for storage tank releases and tank clean-up for storage tank releases.
8.2) In addition to the types and amounts of insurance required in Article 8.1 above, Tenant
shall at all times maintain such other insurance as the Landlord may reasonably determine to be
necessary for Tenant's airport activities.
8.3) All insurance shall be in a form and from an insurance company with Best's financial rating
of at least a B++. All policies, except worker's compensation policy, shall name the City and its
elected or appointed officials, officers, representatives, directors, commissioners, agents and
employees as "Additional Insured", and the Tenant shall furnish certificates of insurances
evidencing the required coverage cited herein prior to engaging in any commercial aeronautical
activities. Such certificates shall provide for unequivocal thirty (30) day notice of cancellation or
material change of any policy limits or conditions.
8.4) The Tenant's insurance coverage shall be primary insurance as respects Landlord. Any
insurance, self-insurance, or insurance pool coverage maintained by Landlord shall be in excess
of the Tenant's insurance and shall not contribute with it.
8.5) Indemnification/Hold Harmless. The Tenant shall defend, indemnify, and hold harmless
Landlord, its officers, officials, employees and volunteers from and against any and all claims,
suits, actions, or liabilities for injury or death of any person, or for loss or damage to property,
which arises out of Tenant's use of Premises, or from the conduct of Tenant's business, or from
any activity,work or thing done,permitted,or suffered by Tenant in or about the Premises,except
only such injury or damage as shall have been occasioned by the sole gross negligence or willful
misconduct of Landlord. Solely for the purpose of effectuating Tenant's indemnification
obligations under this Lease, and not for the benefit of any third parties (including but not limited
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to employees of Tenant), Tenant specifically and expressly waives any immunity that may be
granted it under applicable federal, state or local Worker Compensation Acts, Disability Benefit
Acts or other employee benefit acts.Furthermore,the indemnification obligations under this Lease
shall not be limited in any way by any limitation on the amount or type of damages, compensation
or benefits payable to or for any third party under Worker Compensation Acts, Disability Benefit
Acts or other employee benefit acts. The parties acknowledge that the foregoing provisions of this
Section have been specifically and mutually negotiated between the parties.
ARTICLE 9: ASSIGNMENT AND SUBLETTING
9.1) Transfers. Tenant shall not (a) voluntarily or by operation of law, assign, encumber or
transfer all of Tenant's interest in this Lease; and(b)without the prior written consent of Landlord,
voluntarily or by operation of law, sublet or license any part of Tenant's interest in this Lease or
in the Premises or permit any part of the Premises to be used or occupied by any person other than
Tenant, its employees, customers and others having lawful business with Tenant (all of the
foregoing under this subsection (b) are hereinafter sometimes referred to collectively as
"Transfers" and any person or entity to whom any Transfer is made or sought to be made is
hereinafter sometimes referred to as a"Transferee"). If Tenant shall desire Landlord's consent to
any Transfer, Tenant shall notify Landlord in writing, which notice (the "Transfer Notice") shall
include: (i) the proposed effective date of the Transfer,which shall not be less than thirty(30) days
nor more than ninety(90) days after the date of delivery of the Transfer Notice; (ii) a description
of the portion of the Premises to be transferred (the "Subject Space"); (iii) all of the terms of the
proposed Transfer and the consideration thereof,the name and address of the proposed Transferee;
and (iv)the nature of Transferee's business operations, proposed uses of the Subject Space and
any other information required by Landlord, which will enable Landlord to determine the
character, and reputation of the proposed Transferee, nature of such Transferee's business and
proposed use of the Subject Space, and such other information as Landlord may reasonably
require. Each time Tenant requests Landlord's consent to a proposed Transfer, whether or not
Landlord shall grant consent, within thirty (30) days after receipt of the Transfer Notice, as
additional rent hereunder, Landlord shall be entitled to receive that amount designated as
Lease/Sublease/Transfer Application Review Fee in the most current City of Auburn Fee
Schedule. Landlord's failure to provide Tenant with a written response to the Transfer Notice
within thirty(30)days shall be deemed to the granting of consent by the Landlord to said Transfer.
Except as provided in the foregoing sentence, any attempted Transfer made without Landlord's
prior consent shall be wholly void and shall constitute a breach of this Lease.
9.2) Landlord's Consent. Upon due consideration of the Permitted Uses, Landlord shall not
unreasonably withhold its consent to any proposed Transfer on the terms specified in the Transfer
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Notice. The parties hereby agree that it shall be reasonable under this Lease and under any
applicable Law for Landlord to withhold consent to any proposed Transfer where one or more of
the following apply, without limitation as to other reasonable grounds for withholding consent:
(i) in Landlord's judgment, the Transferee is of a character or reputation or engaged in business
which is not consistent with the quality of the Airport; (ii)the Transferee intends to use the Subject
Space for purposes which are not permitted under this Lease; (iii) in Landlord's judgement,
Transferee's intended use of the Subject Space do not qualify as an aeronautical use; (iv) the
proposed Transfer would cause Landlord to be in violation of another lease or agreement to which
Landlord is a party, or would give an Airport tenant a right to cancel its lease; (v)the terms of the
proposed Transfer will allow the Transferee to exercise a right of renewal,right of expansion,right
of first offer, or other similar right held by Tenant (or will allow the Transferee to occupy space
leased by Tenant pursuant to any such right);or(vi) either the proposed Transferee, or any person
or entity which directly or indirectly, controls, is controlled by, or is under common control with,
the proposed Transferee, (A) occupies space in the Airport at the time of the request for consent
(B) is negotiating with Landlord to lease space on the Airport at such time, or (C) has negotiated
with Landlord for space on the Airport during the twelve(12)month period immediately preceding
the Transfer Notice.
If Landlord consents to any Transfer pursuant to the terms of this Section 9.2, Tenant may within
ninety (90) days after Landlord's consent, enter into such Transfer of the Premises or portion
thereof, upon substantially the same terms and conditions as are set forth in the Transfer Notice
furnished by Tenant to Landlord pursuant to Section 9.1 above, provided that if there are any
changes in the terms and conditions from those specified in the Transfer Notice (1) such that
Landlord would initially have been entitled to refuse its consent to such Transfer under this
Section 9.2,or(2)which would cause the proposed Transfer to be more favorable to the Transferee
than the terms set forth in Tenant's original Transfer Notice,Tenant shall again submit the Transfer
to Landlord for its approval and other action under this Article 9.Notwithstanding anything to the
contrary in this Lease,if Tenant or any proposed Transferee claims that Landlord has unreasonably
withheld or delayed its consent under Section 9.2 or otherwise has breached or acted unreasonably
under this Article 9, their sole remedies shall be a suit for contract damages (other than damages
for injury to, or interference with, Tenant's business including, without limitation, loss of profits,
however occurring) or declaratory judgment and an injunction for the relief sought, and Tenant
hereby waives all other remedies, including, without limitation, any right at law or equity to
terminate this Lease, on its own behalf and, to the extent permitted under all applicable Laws, on
behalf of the proposed Transferee.
9.3) Effect of Transfer. If Landlord consents to a Transfer, (i) the terms and conditions of this
Lease shall in no way be deemed to have been waived or modified, (ii) such consent shall not be
deemed consent to any further Transfer by either Tenant or a Transferee, (iii) Tenant shall deliver
to Landlord, promptly after execution, an executed copy of all documentation pertaining to the
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Transfer in form reasonably acceptable to Landlord and (iv) no Transfer relating to this Lease or
agreement entered into with respect thereto, whether with or without Landlord's consent, shall
relieve Tenant or any guarantor of the Lease from any liability under this Lease,including,without
limitation, in connection with the Subject Space. In the event that Tenant subleases all or any
portion of the Premises in accordance with the terms of this Article 9, Tenant shall cause such
subtenant to carry and maintain the same insurance coverage terms and limits as are required of
Tenant , in accordance with the terms of Article 8 of this Lease.
9.4) Occurrence of Default. Any Transfer hereunder shall be subordinate and subject to the
provisions of this Lease, and if this Lease shall be terminated during the term of any Transfer,
Landlord shall have the right to: (i) treat such Transfer as cancelled and repossess the Subject
Space by any lawful means, or (ii) require that such Transferee attorn to and recognize Landlord
as its landlord under any such Transfer. If Tenant shall be in default under this Lease after the
expiration of any applicable notice and cure period, Landlord is hereby irrevocably authorized to
direct any Transferee to make all payments under or in connection with the Transfer directly to
Landlord (which Landlord shall apply towards Tenant's obligations under this Lease) until such
default is cured. Such Transferee shall rely on any representation by Landlord that Tenant is in
default hereunder, without any need for confirmation thereof by Tenant. Upon any Transfer the
Transferee shall assume in writing all obligations and covenants of Tenant thereafter to be
performed or observed under this Lease. No collection or acceptance of rent by Landlord from
any Transferee shall be deemed a waiver of any provision of this Article 9 or the approval of any
Transferee or a release of Tenant from any obligation under this Lease, whether theretofore or
thereafter accruing. In no event shall Landlord's enforcement of any provision of this Lease
against any Transferee be deemed a waiver of Landlord's right to enforce any term of this Lease
against Tenant or any other person.
ARTICLE 10: UTILITIES
10.1) Tenant shall be responsible for establishing and maintaining direct accounts with the City
of Auburn and any other public or private providers of utilities used in or charged against the
Premises as appropriate and to hold the Landlord harmless from any such charges. Such utilities
shall include but not be limited to: power, water, sewer, storm, phone and internet. Trash and
recycling service is expressly excluded from this requirement. As part of their Rent, Tenant is
entitled to use Airport trash receptacles to dispose of office related refuse.
10.2) Except to the extent caused by the gross negligence or intentional misconduct of Landlord
or its agents, employees or contractors, failure by Landlord to any extent to furnish or cause to be
furnished the utilities or services described in this Lease, or any cessation or interruption thereof,
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resulting from any cause, including without limitation, mechanical breakdown, overhaul or repair
of equipment, strikes, riots, acts of God, shortages of labor or material, compliance by Landlord
with any voluntary or similar governmental or business guidelines,governmental laws,regulations
or restrictions, or any other similar causes, shall not render the Landlord liable in any respect for
damages to either person or property, for any economic loss or other consequential damages
incurred by Tenant as a result thereof,be construed as an eviction of Tenant,result in an abatement
of rent, or relieve Tenant from its obligation to perform or observe any covenant or agreement
contained in this Lease.
ARTICLE 11: ESTOPPEL
11.1) Estoppel Certificate. At the request of the Tenant in connection with a transfer of its
interest in this Lease, Landlord shall execute and deliver a written statement identifying it as the
Landlord under this Lease and certifying:
(I) The documents that then comprise this Lease
(II) That this Lease is in full force and effect
(III) The then current annual amount of rent and the date through which it has been paid
(IV) The expiration date of this Lease
(V) That no amounts are then owed by Tenant to Landlord (or, if amounts are owed,
specifying the same)
(VI) To the knowledge of Landlord,there are no defaults by Tenant under this Lease or any
facts which but for the passage of time, the giving of notice or both would constitute
such a default
(VII) Remaining rights to renew the term of this lease to the extent not theretofore exercised
The party acquiring Tenant's interest in the Lease shall be entitled to rely conclusively upon such
written statement.
ARTICLE 12: NOTICES
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Resolution 5560 Page 12 of 25
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Any notice, consent, approval or other communication given by either party to the other relating
to this Lease shall be in writing, and shall be delivered in person, sent by certified mail, return
receipt requested,sent by reputable overnight courier,or sent by other approved forms of electronic
communication(with evidence of such transmission received)to such other party at the respective
addresses set forth below (or at such other address as may be designated from time to time by
written notice given in the manner provided herein). Such notice shall, if hand delivered or
personally served, be effective immediately upon receipt. If sent by certified mail, return receipt
requested, such notice shall be deemed given on the third business day following deposit in the
United States mail, postage prepaid and properly addressed; if delivered by overnight courier,
notice shall be deemed effective on the first business day following deposit with such courier; and
if delivered by electronic communication, notice shall be deemed effective when sent.
The notice addresses of the parties are as follows:
To the City: Real Property Management
Attn: Josh Arndt/Property Manager
25 West Main St.
Auburn, WA 98001
253.931.3000
Jarndt@auburnwa.gov
With Copies to: Airport Management
Attn: Tim Mensonides/Airport Manager
2143 E Street NE
Auburn, WA 98002
253.333.6821
Tmensonides@auburnwa.gov
To the Tenant: Classic Helicopter Corp.
Attn: Dan Dolan/Owner
400 23r1 St NE
Auburn, WA 98002
360.840.9544
Dan@Seattleairtaxi.com
ARTICLE 13: INSPECTION, ACCESS AND POSTED NOTICES
Landlord and any of its agents shall at any time upon seventy-two (72) hours advance, written
notice to Tenant,have the right to go upon and inspect the Premises provided, however,that in the
event the Landlord determines, in its sole and absolute discretion, that an emergency situation
exists on or adjacent to the Premises, no advance notice to Tenant is required and Landlord may
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Airport 400 Bldg.Lease
Resolution 5560 Page 13 of 25
Draft V1 11/1/2020
immediately go upon and inspect the Premises. Landlord shall have the right to serve, or to post
and to keep posted on the Premises, or on any part thereof, any notice permitted by law or by this
Lease, any other notice or notices that may at any time be required or permitted by law or by this
Lease. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of
business, or other damages arising out of Landlord's entry on the Premises as provided in this
Section except for such damage that is caused directly by, or through the gross negligence of,
Landlord, their employees, agents, or representatives.
ARTICLE 14: DEFAULT AND REMEDIES
14.1 Tenant shall be in default under this Lease if any rent or other payment due from Tenant
hereunder remains unpaid for more than thirty(30) days after the date it is due; (ii)Tenant files a
voluntary petition in bankruptcy or makes a general assignment to the benefit of, or a general
arrangement with, creditors; (iii) there is an involuntary bankruptcy filed against Tenant that has
not been dismissed within thirty (30) days of filing; (iv) Tenant becomes insolvent; or (v) a
receiver,trustee, or liquidating officer is appointed for Tenant's business; or(vi) if Tenant violates
or breaches any of the other covenants, agreements, stipulations or conditions herein, and such
violation of breach shall continue for a period of thirty (30) days after written notice of such
violation or breach is sent to Tenant,then Landlord shall have the rights and remedies provided in
this Article 14, in addition to any other right or remedy available at law or equity (all notice and
cure periods set forth above are in lieu of and not in addition to any notice required pursuant to
applicable unlawful detainer/eviction statutes).
14.2 Upon any default under this Lease, Landlord may reenter the Premises in the manner then
provided by law,and remove or put out Tenant or any other persons found therein.No such reentry
shall be construed as an election on Landlord's part to terminate this Lease unless a written notice
of such intention is given to Tenant.
14.3 Upon default the Landlord may elect to re-let the Premises or any part thereof upon such
terms and conditions, including rent, term and remodeling or renovation, as Landlord in its sole
discretion may deem advisable.To the fullest extent permitted by law,the proceeds of any reletting
shall be applied: first, to pay Landlord all costs and expenses of such reletting (including without
limitation,costs and expenses incurred in retaking or repossessing the Premises,removing persons
or property therefrom, securing new Tenants, and, if Landlord maintains and operates the
Premises, the costs thereof); second, to pay any indebtedness of Tenant to Landlord other than
rent; third, to the rent due and unpaid hereunder; and fourth, the residue, if any, shall be held by
Landlord and applied in payment of other or future obligations of Tenant to Landlord as the same
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Resolution 5560 Page 14 of 25
Draft V1 11/1/2020
may become due and payable, and Tenant shall not be entitled to receive any portion of such
revenue.
14.4 Landlord may also elect to terminate the Lease and all rights of Tenant by giving notice to
Tenant of such election. If Landlord elects to terminate the Lease, Landlord shall have the right to
reenter the Premises and remove all persons, and to take possession of and remove all equipment
and fixtures of Tenant in the Premises, in the manner then provided by law. Tenant hereby waives
all damages that may be caused by Landlord's reentering and taking possession of the Premises or
removing or storing the property thereof, and Tenant shall save Landlord harmless therefrom, and
no such reentry shall be considered a forcible entry. If Landlord so elects to terminate the Lease,
Landlord may also recover from Tenant :
(I)The worth at the time of the award of the unpaid rent which had been earned at the time
of termination;
(II)The worth at the time of the award of the amount by which the unpaid rent which would
have been earned after termination until the time of the award exceeds the amount of rental
loss that the Tenant proves could have been reasonably avoided;
(III) The worth at the time of the award of the amount by which the unpaid rent for the
balance of the term after the time of the award exceeds the amount of rental loss that the
Tenant proves could be reasonably avoided;
(IV) Any other amount necessary to compensate the Landlord for all the detriment
proximately caused by the Tenant 's failure to perform its obligations under the Lease or
which in the ordinary course of things would be likely to result therefrom; and
(V) At Landlord's election, such other amounts in addition to or in lieu of the foregoing
that may be permitted from time to time by applicable law.
The "worth at the time of the award" of the amounts referred to in paragraphs (I) and (II)
above is computed by allowing interest at twelve percent (12%). The "worth at the time of the
award"of the amount referred to in paragraph(III)above is computed by discounting such amount
at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one
percent (1%).
14.5) Nothing in this Article 14 shall be deemed to affect Landlord's right to indemnification for
liability or liabilities arising prior to termination of this Lease for personal injury or property
damage under the indemnification provisions or other provisions of this Lease.
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Resolution 5560 Page 15 of25
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ARTICLE 15: RETENTION OF AIRSPACE
15.1) Landlord retains the public and private right of flight for the passage of aircraft in the
airspace above the surface of the property hereinbefore described, together with the right to cause
in said airspace such noise as may be inherent in the operation of aircraft, now known or as
hereinafter used, for navigation of or flight in said airspace and for use of said airspace for taking
off from, landing on or operating at Auburn Municipal Airport.
15.2) Landlord reserves the right to further develop or improve the landing area of the Auburn
Municipal Airport as it sees fit, regardless of the desires or view of the Tenant and without
interference or hindrance.
15.3) Landlord reserves the right to maintain and keep in repair the landing area of the Auburn
Municipal Airport and all publicly-owned facilities of the Airport,together with the right to direct
and control all activities of the Tenant in this regard.
15.4) This Lease shall be subordinate to the provisions and requirements of any existing or future
agreement between the Auburn Municipal Airport and the United States, relative to the
development, operation, and maintenance of the Airport.
15.5) Tenant agrees to comply with the notification and review requirements covered in 14
C.F.R. Part 77 in the event any construction is planned for the Premises, or in the event of any
planned modification or alteration of any present or future Improvements or structure situated on
the Premises.
15.6) Tenant agrees that it will not erect nor permit the erection of any structure or object, nor
permit the growth of any tree on the Premises to exceed the established height contours. In the
event the aforesaid covenants are breached, Landlord shall give written notice to the Tenant
specifying the breach. If Tenant does not take action to correct the breach within ten (10) days of
receipt of said notice, the Landlord reserves the right to enter upon the Premises hereunder and to
remove the offending structure or object and cut the offending tree, all of which shall be at the
expense of Tenant.
15.7) Tenant, by accepting this Lease, agrees that it will not make use of the Premises in any
manner which might interfere with the landing and taking off of aircraft from Auburn Airport or
otherwise constitute a hazard. In the event the aforesaid covenant is breached, Landlord reserves
the right to enter upon the Premises hereby leased and cause the abatement of such interference at
the expense of Tenant.
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Resolution 5560 Page 16 of 25
Draft VI 11/1/2020
15.8) It is understood and agreed that nothing herein contained shall be construed to grant or
authorize the granting of an exclusive right within the meaning of Section 308a of the Federal
Aviation Act of 1958 (49 U.S.C. Section 1349a).
15.9) This Lease and all the provisions hereof shall be subject to whatever right the United States
Government now has or in the future may have or acquire, affecting the control, operation,
regulation, and taking over of the Auburn Airport by the United States during the time of the war
or national emergency.
15.10) Landlord reserves the right to take any action it considers necessary to protect the aerial
approaches of the Auburn Airport against obstructions, together with the right to prevent Tenant
from erecting or permitting to be erected any building or other structure on the Premises which, in
the opinion of Airport or the Federal Aviation Administration, would limit the usefulness of the
Auburn Airport or constitute a hazard to aircraft.
15.11) Tenant, as well as Tenant's assignees and subleases, and the agents, employees and
customers thereof,shall have the rights of access to and use of all areas and facilities of the Auburn
Airport which are intended for the common use of all Tenants and occupants of the Auburn
Airport, including but not limited to the take-off and landing areas, taxi areas, reasonable access
thereto from the Premises, and air control facilities.
ARTICLE 16: FEDERAL AVIATION ADMINISTRATION
16.1) Tenant agrees:
(I) to prevent any operation on the Premises which would produce
electromagnetic radiations of a nature which would cause interference with
any existing or future navigational aid or communication aid serving
Auburn Municipal Airport, or which would create any interfering or
confusing light or in any way restrict visibility at the Airport; and
(II)to prevent any use of the Premises, which would interfere with landing or
taking off of aircraft at Auburn Municipal Airport, or otherwise, constitute
an aviation hazard.
16.2) Landlord reserves the right during the term of this Lease or any renewal and/or extension
thereof to install air navigational aids including lighting, in, on, over, under, and across the
Premises in the exercise of any of the rights hereof. Landlord agrees to give Tenant no less than
ninety(90) days'written notice of its intention to install such air navigational aids.
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Resolution 5560 Page 17 of 25
Draft VI 11/1/2020
ARTICLE 17: NON-DISCRIMINATION
17.1) Tenant for himself, his heirs, personal representatives, successors in interest, and assigns,
as a part of the consideration hereof,does hereby covenant and agree that in the event facilities are
constructed, maintained, or otherwise operated on the Premises described in this lease agreement
for a purpose for which a Department of Transportation ("DOT") program or activity is extended
or for another purpose involving the provision of similar services or benefits, the Tenant shall
maintain and operate such facilities and services in compliance with all other requirements
imposed by 49 C.F.R. Part 21 as now enacted or as hereafter amended.
17.2) Tenant for themselves, their personal representatives, successors in interest, and assigns,
as a part of the consideration hereof, does hereby covenant and agree that: 1) no person on the
grounds of race, color, sex, or national origin shall be excluded from participation in, denied the
benefits of, or be otherwise subjected to, discrimination in the use of said facilities, 2) that in the
construction of any improvements on, over, or under the Premises and the furnishing of services
thereon, no person on the grounds of race, color, sex, or national origin shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination, and 3)that the
Tenant shall use the Premises in compliance with all other requirements imposed by 49 C.F.R.
Part 21 as now enacted or as hereafter amended.
17.3) If the tenant breaches any of the above non-discrimination covenants, Landlord shall have
the right to terminate this Lease agreement and to re-enter and repossess said Premises and the
facilities thereon, and hold the same as if said lease agreement has never been made or issued.
This provision does not become effective until the procedures of 49 C.F.R. Part 21 are followed
and completed, including expiration of appeal rights.
17.4) Tenant shall furnish its accommodations and/or services on a fair, equal, and not unjustly
discriminatory basis to all users thereof and it shall charge fair, reasonable, and not unjustly
discriminatory prices for each unit or service, provided that Tenant may be allowed to make
reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to
volume purchasers.
17.5) Noncompliance with Article 17 above shall constitute a material breach thereof and, in the
event of such noncompliance, Landlord shall have the right to terminate this Lease and the estate
hereby created without liability therefor or, at the election of the Landlord or the United States,
either or both said Governments shall have the right to judicially enforce the provisions of said
Article 17.4.
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Airport 400 Bldg.Lease
Resolution 5560 Page 18 of 25
Draft VI 11/1/2020
17.6) Tenant agrees that it shall insert Articles 17.1 — 17.5 in any lease, license, or sublease
agreement by which said Tenant grants a right or privilege to any person, firm, or corporation to
render accommodations and/or services to the public on the Premises herein leased.
17.7) The Tenant assures that during this tenancy it will undertake an Affirmative Action
program as required by 14 C.F.R. Part 152,Subpart E to ensure that no person shall on the grounds
of race, creed, color, national origin, or sex, be excluded from participating in any covered
employment activities. . The Tenant assures that no person shall be excluded on these grounds
from participating in or receiving the services or benefits of any program or activity covered by
this Sub-part E. The Tenant assures that it will require that its covered suborganizations provide
assurances to the Tenant that they similarly will undertake Affirmative Action programs, and that
they will require assurances from their suborganizations, as required by Sub-part E, to the same
effort.
ARTICLE 18: ATTORNEY'S FEES AND COSTS
If by reason of default on the part of either party to this Lease agreement it becomes
necessary to employ an attorney to recover any payments due hereunder or to enforce any
provision of this Lease, the prevailing party, whether such party be the successful claimant or the
party who successfully defended against the claim of the other party, shall be entitled to recover a
reasonable attorney's fee and to be reimbursed for such costs and expenses as may have been
incurred by such prevailing party.
ARTICLE 19: MISCELLANEOUS
19.1 Signage. Tenant shall have the right at their sole cost and expenses to install and maintain
two wall mounted, illuminated or non-illuminated signs on the 400 building. Any additional wall
mounted or free standing signage shall be subject to separate cost considerations and will be
addressed in a separate addendum to this Lease. All signage shall be subject to and in accordance
with the ACC18.56, and Airport design standards, if any. No sign will be allowed that may be
confusing to aircraft pilots or automobile drivers or other traffic.
19.2) Security. Landlord shall have no obligation to provide security to the Premises. If
reasonably required by Landlord, Tenant shall provide adequate lighting to provide for all-night
illumination of the Taxilane apron of all buildings on the Premises, including aprons, aircraft
tiedown areas,vehicular parking lots, and pedestrian walkways surrounding the Premises. Tenant
may,but need not,employ security persons. If at any time during the term of this Lease,additional
security requirements are imposed on the Auburn Municipal Airport by the FAA or any other
Classic Helicopter Corp/COA
Airport 400 Bldg.Lease
Resolution 5560 Page 19 of 25
i
Draft V1 11/1/2020
agency having jurisdiction, and such additional security requirements apply to the Premises,
Tenant agrees to comply with said security requirements that affect the Premises, at Tenant's sole
expense, upon being notified of such requirements in writing by Landlord. If Landlord is fined by
FAA for a security violation caused by negligence of Tenant , or any of Tenant's sub-Tenants,
Tenant shall immediately reimburse Landlord upon demand.
19.3) No Brokers. Tenant represents and warrants to Landlord that it has not engaged any broker,
finder or other person who would be entitled to any commission or fees in respect of the
negotiation, execution or delivery of this Lease and shall indemnify and hold harmless Landlord
against any loss, cost, liability or expense incurred by Landlord as a result of any claim asserted
by any such broker, finder or other person on the basis of any arrangements or agreements made
or alleged to have been made by or on behalf of Tenant.
19.4) Regulatory Compliance. The Tenant agrees, at its sole cost and expense, to conform to,
comply with and abide by all lawful rules, codes, ordinances, requirements, orders, directions,
laws,regulations and standards of the United States,the State of Washington, and City of Auburn
or agency of any of said entities, including rules and regulations of Landlord, including without
limitation those relating to environmental matters, and regulations set forth by the Environmental
Protection Agency, now in existence or hereafter promulgated, applicable to the Tenant's use and
operation of said Premises, including the construction of any improvements thereon, and not to
permit said Premises to be used in violation of any of said rules,codes, laws or regulations.Tenant
shall pay all costs, expenses, liabilities, losses, damages, fines, penalties, claims, and demands,
including reasonable counsel fees, that may in any manner arise out of or be imposed because of
the failure of Tenant to comply with the covenants of this section.
19.5) Liens & Insolvency. Tenant shall keep the Premises free from any liens. In the event
Tenant becomes insolvent,voluntarily or involuntarily bankrupt, or if a receiver,assignee or other
liquidating officer is appointed for the business of the Tenant, then the Landlord may cancel this
Lease at Landlord's option.
19.6) Non Waiver. Waiver by Landlord of any term, covenant or condition herein contained or
any breach thereof shall not be deemed to be a waiver of such term, covenant, or condition or of
any subsequent breach of the same or any other term, covenant, or condition herein contained.
19.7) Force Majeure. Except for the payment of Rent,Additional Rent or other sums payable by
Tenant to Landlord,time periods for Tenant's or Landlord's performance under any provisions of
this Lease shall be extended for periods of time during which Tenant's or Landlord's performance
is prevented due to circumstances beyond Tenant's or Landlord's control, including without
limitation, strikes, embargoes, shortages of labor or materials, governmental regulations, acts of
God,war or other strife.
Classic Helicopter Corp/COA
Airport 400 Bldg.Lease
Resolution 5560 Page 20 of 25
Draft V1 11/1/2020
19.8) Severability. If any term, covenant, or condition of this Lease (or part thereof) or the
application thereof to any person or circumstance is, to any extent, invalid or unenforceable, the
remainder of this Lease (and/or the remainder of any such term, covenant or condition), or the
applicability of such term, covenant or condition to persons or circumstances other than those to
which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or
condition (or part thereof) of this Lease shall be valid and be enforced to fullest extent permitted
by law.
19.9) Choice of Law, Integration, and Interpretation. This Lease and the rights of the parties
hereunder shall be governed by and interpreted in accordance with the laws of the State of
Washington and venue for any action hereunder shall be in King County,Washington.This Lease,
together with any subsequent amendments or addendums, constitutes the entire agreement of the
parties and no other understandings, oral or otherwise, regarding this Lease shall exist or bind any
of the parties.All captions,headings or titles in the paragraphs or sections of this Lease are inserted
for convenience of reference only and shall not constitute a part of this Lease or act as a limitation
of the scope of the particular paragraph or sections to which they apply. Construction of this Lease
shall not be affected by any determination as to who is the drafter of this Lease, this Lease having
been drafted by mutual agreement of the parties.
19.10) Gate Cards. Tenant shall coordinate with the Airport Manager upon Commencement of
the Lease to determine and checkout the appropriate number of gate cards needed for sufficient
operations at the Airport. Tenant shall be responsible for the management of the gate cards issued
and responsible for the actions of any person that gains access using the cards and shall not make
the gate cards available to anyone not affiliated with Tenants operations. Tenant shall promptly
report any gate cards that have been lost, stolen or not returned to the Airport Office and must
obtain replacement cards per the current fee schedule prices. Upon termination or expiration of the
Lease without any extensions thereof, Tenant shall immediately and without notice or demand
return the gate cards to the Office of the Airport Manager.
19.11) Gate Codes. Gate codes will be provided for personnel gate access onto the Airport. Gate
codes are subject to change as determined and in the sole discretion of the Landlord. Tenant shall
be notified prior to changing of the gate codes and it shall be the responsibility of the Tenant to
notify their customers and employees of said change.Tenant shall immediately notify the Landlord
and the office of the Airport Manager if the codes need to be changed to prevent access from a
customer or employee to maintain security.
19.12) Authority. Each party hereto warrants that it has the authority to enter into this Lease and
to perform its obligations hereunder and that all necessary corporate action to authorize this
transaction has been taken, and the signatories,by executing this Lease,warrant that they have the
authority to bind the respective parties.
Classic Helicopter Corp/COA
Airport 400 Bldg.Lease
Resolution 5560 Page 21 of 25
Draft V1 11/1/2020
19.13) Airport Rules and Regulations. Tenant, Tenant's customers, guests, representatives,
directors, officers and employees, are subject to and shall at all times abide by the Airport Rules
and Regulations as may be amended from time to time. A copy of which are located at
auburnmunicipalairport.com/documents-and-forms and are hereby incorporated by this reference.
ARTICLE 20: SIGNATURE
By signing in the space below, the TENANT ACKNOWLEDGES HAVING READ AND
UNDERSTOOD AND AGREES TO THE CONTENTS OF THIS AGREEMENT.
[Signatures on following page]
Classic Helicopter Corp/COA
Airport 400 Bldg.Lease
Resolution 5560 Page 22 of 25
Draft VI 11/1/2020
Dated and Signed this 1 It day of V.e cenjj el ,20 2.0.
Classic Helicopter Corp.,:
• -451.40, -
Dan D+,4= 'resident
STATE OF WASHINGTON )
)ss.
County of*-1111/%11:51\1
The undersigned Notary Public hereby certifies:That on this l't day of Wt rtesa-
202¢ ,personally appeared before me Txtt•I tactAt (name),
t AGN (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 voluntary act and deed,for the purposes and uses therein mentioned,and on
oath stated that elshe was duly authorized to execute said document on behalf of
1j&cctc, tk ALO?1 -cry'
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
Notary Public �+iVtt.
State of Washington NoPublicin`atnd for the State of Washington,
Aubrey Sathem Residing at '41.4A, \jv
My Commission Expires. My commission expires W\1'{`-j 'l,2,0 V.4
May 7,2024
Classic Helicopter Corp/COA
Airport 400 Bldg.Lease Page 23 of 25
Resolution 5560
...._____.....___..
Draft VI 11/1/2020
Dated and Signed this 1(1) day of kroner , 20 010 .
CITY OF AUBURN:
ANCY KUS, Mayor
Approved as to form:
City Attorney: Kendra Comeau
STATE OF WASHINGTON )
) ss.
County of V-Mn, )
The undersigned Notary Public hereby certifies: That on this I day of lte, bo ,
11 appeared before me 1s Gt (name),
20 10,personallyil�
Mau�OY o& A-4Ctk pF Weikatitle),to me own to be the individual(s)described in
and w o 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
The. C o ALLbc xn .
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
\``•\‘‘‘\\\1111111 '
P H S0 #,, r1 �� 1,
4
�/�
��* oT� +,,0,,�� e• Notary Public in and for State of Washington,
v `' R� , Residing at RU ��1 w
ss oI 1a-22
2021 05 '
My commission expires
N 4&80G = I
/,1110 11WA SN\�.�``..
Classic Helicopter Corp/COA
Airport 400 Bldg.Lease
Resolution 5560 Page 24 of 25
Draft V1 11/1/2020
EXHIBIT A
Premises
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Classic Helicopter Corp/COA
Airport 400 Bldg.Lease—Exhibit A
Page 25 of 25
Resolution 5560