HomeMy WebLinkAbout2nd adden to ACHA leaseReturn Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information
SECOND ADDENDUM TO THE LEASE AGREEMENT
BETWEEN THE CITY OF AUBURN AND AVIATION PROPERTIES, INC.
THIS ADDENDUM is made and entered into this day of
2016, 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.
WITNES SETH:
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; and
WHEREAS, a formal Condominium Association Declaration was 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 Condominium Association and a novation
was to occur such that the Condominium Association become absolutely and for all purposes
substituted for the original Lessee under this Lease, and the original Lessee shall have no further
liability under this Lease; and
WHEREAS, Auburn Condo Hangars Association ("ACHA") has assumed all
responsibilities under this Lease Agreement; and
Second Amendment to Lease Agreement between COA & Aviation Properties, Inc.
Original Lease approved under Resolution No. 3353 Page I
WHEREAS, Paragraph l (a) of the original Lease between API and the CITY gives a
Premises square footage of 147,766 square feet; and
WHEREAS, the CITY' S survey team has verified that the legal description attached to
the original Lease as Exhibit A-1 accurately describes the Site Plan attached to the Lease as
Exhibit A-2 and that the amount of square footage legally described in Exhibit A-1 and shown in
Exhibit A-2 equals 149,175 square feet.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
the PARTIES HERETO HEREBY AGREE as follows:
ITEM ONE REVISION TO Paragraph 1 — Property Subject To This Lease Agreement,
subsection "a": That Section, Paragraph 1(a) of the Lease Agreement is amended to read as
follows:
1. PROPERTY SUBJECT TO THIS LEASE AGREEMENT
a. For and in consideration of the rent and faithful performance by Lessee of the
terms and conditions and the mutual covenants hereof, Lessor does hereby Lease
to Lessee, and Lessee does hereby Lease from Lessor, the property legally
described on Exhibit A-1 (hereinafter referred to as the "Premises"), which
Premises consists of 149,175 square feet of land as calculated and depicted on the
Site Plan attached hereto as Exhibit A-2. Exhibit A-1 and Exhibit A-2 are hereby
incorporated into this Lease by this reference. The Premises are situated in the
County of King, State of Washington, and are located at the Auburn Airport (the
"Airport").
ITEM TWO REMAINING TERMS UNCHANGED: That all other provisions of the
Lease Agreement between the parties for land located on the Auburn Airport, executed on the 8th
day of June, 2001, shall remain unchanged, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
[Signatures on the following pages]
Second Amendment to Lease Agreement between COA & Aviation Properties, Inc.
Original Lease approved under Resolution No. 3353 Page 2
Dated and Signed this4 % day of G2 c_ 52016.
Auburn Condo Hangars Association:
STATE OF WASHINGTON )
) ss.
County of K r, )
The undersigned Notary Public hereby certifies: That on this 21"day of aul q,
20_L(,,L_, personally appeared before me c . {� . 2 Z C'- (name),
r�� SLti�2 ✓ (title), ancY
(name), (title), to me known to be the individual(s)
described in and who executed the within instrument, and acknowledged that he/she/they signed
and sealed the same as his/her/their free and voluntary act and deed, for the purposes and uses
therein mentioned, and on oath stated that he/she/they was/were duly authorized to execute said
document on behalf of Qu'barr\ Cv��IO �c�n���✓S QSsc�•
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
SWAT /
Vr;'a,, i Notary Public in and for the State of Washington,
ot'''R�.'atiy Residing at
L��u� ►x /c�v
u - • ' z My commission expires
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Second Amendment to Lease Agreement between COA & Aviation Properties, Inc.
Original Lease approved under Resolution No. 3353 Page 3
?Vc(
Dated and Signed this 3 day of i' , 2016.
CITY OF AUBURN:
N NCY FK'US, Mayor
STATE OF WASHINGTON )
ss.
County of )
The undersigned Notary Public hereby certifies: That on this , `6k day of U,c f— ,
20 1 (,-) , personally appeared before me tiaC� ibLG --�, (name),
a (title), and 9Da.v, 0-ej ct
(name), P�{ ,� ✓j (title), to me known to be the individual(s)
described in and—wto-executed the within instrument, and acknowledged that he/she/they signed
and sealed the same as his/her/their free and voluntary act and deed, for the purposes and uses
therein mentioned, and on oath stated that he/she/they was/were duly authorized to execute said
document on behalf of CIL� ' f P 6v✓
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
EY PAYS 1►ry� � �
Notary Public in and r the State of Washington,
? Residing at
.oU — My commission expiresy y
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Second Amendment to Lease Agreement between COA & Aviation Properties, Inc.
Original Lease approved under Resolution No. 3353 Page 4