HomeMy WebLinkAboutRE 06-15-17_ Quick Legal OpinionFrom:Jessica Leiser
To:Josh Arndt
Subject:RE: Quick Legal Opinion
Date:Thursday, June 15, 2017 2:00:31 PM
Good Afternoon Josh,
I am in agreement that the notification letter is sufficient, so long as they are in compliance with all
other terms and conditions of the agreement.
I do not think you need to execute an amendment. Instead, I recommend sending a confirming letter
that (1) acknowledges receipt of their timely exercise of the extension option, (2) provides the new
termination date of the lease term, and (3) reminds them that the agreement will require mutual
negotiation by both parties for any subsequent three-year extensions.
Jess
From: Josh Arndt
Sent: Wednesday, June 14, 2017 4:22 PM
To: Jessica Leiser <jleiser@auburnwa.gov>
Subject: Quick Legal Opinion
Jessica, I need your quick legal opinion on something. AirTech leases space out on our Airport. Their
initial term commenced on 8/6/12 and runs through 8/5/2017. Section 2.5.2 of the lease states that
Tenant, if they have fully complied with the terms and conditions of the lease (which they have),
may at its discretion, renew this lease for one five-year term with at least 180 days advance written
notice. On 1/11/17 the Tenant provided the City a letter stating they wished to exercise their 5 year
renewal term.
My question – Does the letter provided by the tenant (attached) satisfy all requirements to extend
the lease or do we need an additional amendment? My thoughts are what we have fully
suffice……..but I’m not legal council J
Thank you
Josh Arndt
City of Auburn
Office of Economic Development
Real Property Analyst
O: 253.288.4325
C: 253.561.1235
Jarndt@Auburnwa.gov