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HomeMy WebLinkAboutOriginal Land Lease 1978FIXED -BASE LEASE AT AUBURN AIRPORT THIS LEASE AND AGREEMENT made and entered into this 27th day of February 1978, by and between the CITY OF ALIBURN, acting :through the Auburn City Council, its governing board, acting on behalf of the City and with authority to act on behalf of the City to enter into this lease cued agreement (hereafter referred to as "Auburn") and SKY SERVICES, I NC .', cr corpol•at i on, hereinafter referred to as "Lessee"; W I T N E S S E T H I.r RecitaI s. (a) Auburn owns and operates the Auburn Airport located in King County, Washington, hereinafter called -the Airport. (b) The Lessee desires to lease certain premises, facil-ities,'', rigjhts, services and privileges on -the Airport for the purpose of - conducting a f'ix'ed-base operation there, and Auburn is willing to lease the same to -the lessee upon the terms an.d conditions here- after stated in -t-his agreement. (c) As a conditon precedent to this lease, Lessee shall con- struct: a building in accordance with the plans and specifications at,tached hereto as Exhibit B . NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, Arlburn and Lessee agree as follows: 2. Description of Premises. Auburn hereby leases to Lessee the fallowing described property located on the Auburn Airport, King Cor.nty, Washington, more partic- uldrly described in the legal description attached hereto as Exhibit "A" which is incorporated into this lease by reference as if fully set forth herein. 3. Use of the Premises. � l ho Lessee the preio i ses for conducting a fixed -base aircraft operation, maintenance and reps i-r- and for no other pr.Irpose. The fixed -base operation may include any or all of the following uses: (a) The maintenance, construction, repair and salvage of £1C11NUIDER. SMYTHE. GALLEY 8t VAN SICLEN ATTORNaVO AT LAW IIO FIRST OTRIECT NORTIMAST AUBURN. WABNINOTON 98001 T[utnlomu 833-rdeO i 839-R860 / a aircraft engines, air frames, avionics and accessories, together with all ancillary services required thereunder; (b) Sale of new and used aircraft (both retail and wholesale); (c) Sale of aircraft parts and accessories (retail and wholesale); (d) Sale of new and used radios and all other electronic equipment including aircraft instruments; (e) Sale of navigational and airmen's supplies and accessories; (-I:) Flight operations, including flight training, demon- stration of aircraft for sale, charter and air taxi; (g) Towing of- disabled aircraft; (h) Financing, leasing and insuring of aircraft; (i) Loading and unloading of aircraft in any lawful business; (j) The 'installation of a vending equipment and/or coffee bar with the purpose of serving Lessee's employees and customers; (k) Rent -a -car service upon payment to Lessor of additional rental or fees based upon a rate equal to those paid by other car rental agencies operating on similarly situated airports within Lire State o f Washington. The Lessee agrees to furnish these services on a fair, equal and not ur►justly discr•iminatOry basis to all users thereof.' 4. Terin of Lease, The initial term of this lease shall be for a period of forty (40) years, commenc i ng on the 1 st d%-•, of June 1978 and terminating on the 31 st ` day of May 2018 . S. RentaIs, Fees and Charges. SubJect to renegotiation, additions or credits as herein -Provided, -Lite Lessee a©rces to pay Auburn -for -Lite use of the prem- ises, facilities, rights, licenses, services and privileges granted herein, the FoIIowin<j rentals, fees and charges all payable in monthly i n:; t,►1 l ment.s In tidvance, on or before the 20th of each month. (a) (No rental to be due Lessor by Lessee for the first six moni:hc, of the lease term.) ScriNEIDER, SMYTHE, SALLEY & VAN SICLEN ATTORNEYli AT LAW 20 FIRBT OTRBCT NORTHRAGY AUBURN. WASHINGTON 68002 TnArnoHx 899-1660 839-1600 -2- W (b) $421.40 for the second six months of the lease term; (c) $561.88 for the second year of the lease term; (d) $632.10 for the third year of the lease term; (e) $702.35 for the remainder of the lease term, subject to any rental rate adjustments which may be made at the expiration of each five-year• period of the lease term, as provided in Paragraph Six of this Agreement. 6. Rental Rate and Rate Adjustment. The rental rate set forth in Paragraph Five is subject to adjustment at the end of each five-year period of the lease term. For any such adjustment of rental, the rental rate shall be determined in the following manner: (a) Six months before each five-year renegotiation date of the lease term, the Lessee and Lessor shall determine the appraised value of the property of the leased land herein. The rental thereafter shall be at the rate of ten percent (10%) per annum of the appraised value of said land. The appraised shall be only on the land and shall exclude the building improvements. If agreement is not reached within ninety (90) days before the renegotiation (late, the parties shall mutually agree on an arbitrator to fix the forthcoming rental; and if the parties are unable to agree upon an arbitrator, they shall apply to the Superior Court for King County and request the presiding Judge of that Court to appoint an arbitrator to fix the rental. -3- 2-6-78 (a) Within fifteen (15) days after the arbitrator has been selected, both the Lessor and Lessee will submit- to the arbitrator their proposals for the renegotiated rent taking due account of the factors set forth for adjusting the rent. The arbitrator will analyze said proposals and conduct such investigation, interviews and discussions with or without the parties as he feels necessary. (b) At a time not to exceed fifteen (15) days after the submission of the written proposals of the Lessor and Lessee, the respective parties may have representatives appear and argue such matters regarding the renegotiation as the parties deem fit. Within five (5) days after such time the arbitrator shall make a final written determination of the forthcoming rental rate which shall be final and binding on all parties. (c) Lessor and Lessee shall equally share the costs of the arbitrator's fees. 7. Rates, Rentals and Other Charges. Lessee shall furnish the Lessor with a complete schedule of all. prices charged by the Lessee for each service or unit charged to the general public. Lessee agrees to charge fair, reasonable and not unjustly discriminatory prices for each unit or service. 8. Use of Public Airport Facilities. Lessee is granted the nonexclusive use of all public airport facilities including but not limited to taxiways, runways, aprons, navigational aids and facilities relati.ig thereto for the purposes of landings, take -offs and taxiing of Lessee and Lessee's tenants and customers aircraft. All such use shall be in accordance with the laws of the United States of America, the State of Washington, and the rules and regulations promulgated by their authority with reference to aviation and air navagation, and in accordance with all reasonable and applicable rules, regulations and ordinances of the Lessor now in force or here- SCHNLIDER. SMYTHE. SALLEY & VAN SICLEN ATTORNEYS AT LAW 28 FIRST BTRKAT NORTHKAYT AUBURN. WASHINGTON 06002 T¢L*PlfONK 833.1600 630.266O -4- after prescribed or promulgated by ordinance or by law. (a) Lessor agrees during the term of this lease to operate and maintain the airport and its public airport facilities as a public airport: consistent with an pursuant to sponsor's assur- ances given by Lessor to the United States Government under the Federal Airport Act. 9. Maintenance and Reps i:rs. (a) Exterior and Interior Repairs: Lessee shall keep the foundations, adjacent sidewalks, exterior walls, roof and down- spouts in good order and repair. In addition, Lessee shall make structural repairs including (but not limited to) repali-rrs to i n t-ei-i or wa I I s, Floors, wiring, plumbing, heating plant-, air conditioning equipment and Flues and chimneys. If Lessee shall refuse or neglect to commence or complete repairs to the exterior or interior of -the buildings constructed by it on the leased premises, eitl-her promptly or adequately, Lessor may, but shall noL be required to, commence or complete the repairs and Lessee shall pay the costs thereof to Lessor on demand. (b) Maintenance: The Lessee shall keep -the interior of - fie demised premises in good repair, at his own expense, subject to approval of' Lessor,. Lessee may make interior, alterations and additions at its own cost, subject to approval of the Lessor. The Lessee shall replace all window glass and plate glass with the glass of same or• similar qual:'y whenever said glass is broken or destroyed. (c) Ownership of Repairs and Improvements: Lessee shall make such interior and exterior repairs, alterations or, additions af; his own cost and expense and such improvements shall, when made, be deemed Lo have attached to the freehold, but the Lessee Shall retain such property rights herein as may be attributable to the remaining germs of this lease. Signs, electrical equipment, store fixtures and other removable trade fixtures shall not be deemed structural alterations, additions, improvements or interior SCHNEIDER. SMYTHE. SALLEY & VANSICLEN ATTORNEYS AT LAW 29 FIRST STREET NORTHEABT AUBURN. WAS14INGTON 96002 TKLCPNONR 633-1660 639-2660 -5- repairs. At the expiration of the term hereof, the Lessee, if not in default, may remove such signs, equipment and trade fixtures which constitute its property, provided that upon such removal, the Lessee will not permit any damage to the premises 10. Cleanliness and Waste. Lessee shall keep the demised premises and the walks -thereto belonging at all times in a neat, clean and sanitary condition free from snow, ice, waste or debris and shall neither commit nor 1 permit any waste thereon. II. Personal Property Taxes. Lessee shall pay promptly when due all teases assessed and levied against its Fixture, furnishings, equipment and stock in tirade during the term hereof unless such assessment and levy are being protested according to law. 12. pr,c�t`, insurance and Waiver, of Subrogation. Neither the Lessor nor the Lessee shall be liable to -the other for loss arising out of damage or destruction of the leased premises or, tile contents thereof when such loss is caused by any of t:he pev i I s i nc I tided in -the standard form of fire and extended coverage insurance, and sprinkler leakage insurance coverage, if the premises at.e sprinkled. Such absence of liability shall exist whether or not the damage: or destruction is caused by the negligence of either Lessor 1 or- Lessee or their respective agents, servants or employees. It is the intention and agreement of the Ler=or and the Lessee that the rentals reserved by this lease have been provided in contemplation that Lessee shall.carry the foregoing insurance protection at- its own expense and Lessee shall look to its insurance carrier for reimbursrrrent of any such loss and further that the insurance carrier or carriers involved shall not subrogate against either party to this agreement. 13. Pub I i c L. i ab i I i ty 1 n sur.,nce . Tire Lessee agrees to procure and maintain in force For the term of this Ieaee public liability and property damage insur- once with a minimum coverage of One Million Dollars ($1,000,000.00) SCHNEIDER, SMYTHE. SALLEY & VAN SICLEN ATTORNEYS AT LAW 29 FIRST STREET NORTHEAST AUBURN. WASHINGTON 90002 T[LWPHONC 833-1660 839-2660 -6- combined single limit, each occurrence. The policy shall also provide that the same shall not be cancelled until a ten-day written notice of cancellation tias been served upon the Lessor. Lessor shall be named as an additional.. insured on such policy, and Lessee will furnish writ- ten evidence of this coverage to Lessor. The limits of liability in- surance coverage herein shall be reviewed, negotiated and modified during each five-year (5) renegotiation period of the lease and if no agreement is reached on said limits, arbitration as set forth herein shall be used to settle the issue. 14. Bold Harmless. Lessee shall indemnify and save harrhless the Lessor, its officers, agents and employees from and against all claims, demands, loss or liability which Lessor, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, or damage to property arising out of or connected with any negligence or lack of care of the Lessee, its officers, agents or employees in use of the demised premises including the Auburn Airport and its facilities. 15. Reservations to Lessor. Upon acceptance of the leased premises by Lessee, the ac- ceptance shall be subject to any and all existing easements or other encumbrances; and Lessor shall have the right to install, lay, con- struct, maintain, repair and operate :--.ch sanitary sewers, drains, storm water sewers, pipe lines, manholes, connections; water, oil and gas pipe lines; and telephone and telegraph power lines and such other appliances and appurtenances necessary or convenient to use in connection therewith over, in, upon, through, across and along the leased premises or any part thereof as will not interfere with Lessee's operations hereunder and to enter thereupon for any and all such pur- poses. Lessor also reserves the right to grant franchises, easements, rights of way and permits in, over and upon, along or across any and all portions of the leased premises as Lessor may elect to do so, pro- SCHNEIDER, SMYTHE, SALLEY & VAN SICLEN ATTORNEYS AT LAW 20 FIRGT STRRtT N ORTH[AOT AUBURN, WASHINGTON 08002 TaL motiQ 833-1680 039.2600 -7- vided, however, that no right of the Lessor provided for in this Paragraph shall be so exercised as to interfere unreasonably with Lessee's operations hereunder or impair the security of any secured creditor of Lessee. Lessor agrees that any right as set forth in this clause shall not be exercised unless the prior written notice of sixty days (60) is given to Lessee; however, if such right must be exercised by reason of emergency, then Lessor will give Lessee such notice in writing as is reasonable under the existing circumstances. Lessor agrees that it will cause the surface of the demised premises to be restored to its additional condition upon the com- pletion of any construction. Lessee further agrees that should the granting of these rights temporarily interfere with the use of any or all of the demised premises, the rental shall be reduced in a proportion to the amount said interference bears to the total use of the demised premises. 16. Water Facilities. Lessor shall. provide to the property site adequate water facilities. Any requirement for streets, curbs, sidewalks and sewers will be furni_slied by the Lessor. Lessee shall be responsible for the installation and maintenance of its own septic tank facilities. 17. Duties of the Lessee. (a) Lessee shall be solely r.Psponsible for all costs or charges for utilities furnished to or required by Lessee during the term of this agreement. (b) Lessee agrees at its own expense to cause the premises and improvements to be maintained in a presentable condition consistent with good business practices. This shall include, although not be Limited to, the obligation of the i..essee to maintain the premises in a clean, neat and orderly condition and to do such interior repainting as is necessary to keep the premises in a clean, neat and attrac- t 1ve coed i. t i.on . SCHNEIDER, SMYTHE. SALLEY & VAN SICLEN ATTORNEYS AT LAW 29 FIRST 9TRQ[T NORTII[ABT AUBURN, WASHINGTON 98002 TiLQPHON[ 893-1660 039-2660 -8- (c) Lessee agrees to furnish good, prompt and efficient service adequate to meet all reasonable de- mands for its services at the airport. The Lessee shall. reveal upon the request of Auburn its general schedule of rates, fees and rentals or other charges for services it: may render under this lease. Lessor shall. have the right to inspect Lessee's books and records for the purposes of verifying such charges. (d) Lessee shall not erect, install or operate or cuase or permit to be erected, installed or opera- ted upon the premises herein any sign or other adver- tising device without first having obtained Auburn's consent thereto to the size, construction, location and general appearance. Auburn shall not unreasonably with Bold permission to the Lessee to erect any sign, provided said sign is in keeping with the nature of the business and conforms to the standards of good business and commercial practice. (e) In the conduct of its business at Auburn Air- port the Lessee, its employees, agents and servants shall obey all appli-cable rules, regulations and ordinances and laws that may from time to time be promulgated by the Lessor or any federal, state or local government or agency thereof. (f) Lessee shall exercise due and reasonable caution to prevent fire and accidents on the premises. Should Lessee fail to remove or abate a fire hazard after direction to do so, the Lessor may remove the hazard and charge the costs of removal thereof to the Lessee. 18. Assignment. Lessee shall. not assign this lease or sublease any part of the premises without the prior written approval of Lessor. Such ap- proval shall not be unreasonably withhold and shall be acted upon SCHNEIDER. SMYTHE. SALLEY & VAN SICLEN ATTORNEYS AT LAW RO FIRDT BTRILT NORTHSAGT AUBURN. WASHINGTON 98001 TRUWHON[ 833-1860 6394 680 -9- II expeditiously by Lessor. 1.9. Ri;;ht of Entry and Inspection of the Premises. Auburn reserves the right at any reasonable time to enter upon said premises through its designated agents or employees for the purpose of inspecting the leased premises. 20. Rules and Regulations. Auburn has the right to adopt and enforce reasonable rules and regulations with respect to the use of the airport and its appur- tenances, provided that such rules and regulations shall not be incon- sistent with safety and with rules and regulations and ordinances of the Federal Aviation Administration with aircraft operations at the airport. 21. Lessor's Right of Cancellation. In addition to other remedies available to the Lessor, this agreement shall be subject to cancellation by the Lessor should any one or more of the following events occur: (a) If the Lessee should file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against it, and it is thereafter adjudicated a bankrupt pur- scant to such proceedings, or if a Court shall take juris- diction of the Lessee and its assets pursuant to proceedings brought under the provision for reorganization under the Bankruptcy Act, or if a receiver for. Lessee's assets is appointed, or if Lessee shall be divested of its rights, powers and privileges under this contract by other operation of law. (b) If the Lessee shall abandon or discontinue for thirty ('10) consecutive days the conduct and operation of said fixed base operation. (c) If Lessee fails to pay when due the whole or any part of the amount agreed upon herein for rent and charges and such default continues for ten days (10) after Lessor SCHNEIDER. SMYTHE. SALLEY & VAN SICLEN ATTORNEYS AT LAW 22 FIRST STREET NORTHEAST AUBURN. WASHINGTON 86002 T[I.uHON[ 833-1660 , 010-2660 -10- has demanded payment in writing. (d) If Lessee shall fail to perform, keep or observe any of the covenants and .conditions contained in this contract to be performed, kept and observed by it, provided that upon the happening of any con- tingency recited in this subparagraph, the Lessee shall be given written notice to correct or cure such default, failure to perform or breach, and if, within thirty days (30) from the date of such notice, the default, breach or complaint shall have not been cor- rected in a manner satisfactory to the Lessor then, and in such event, the Lessor shall have the right, at once, to declare this contract terminated. 22. Lessee's Right of Cancellation. In addition to any other remedies available to the Lessee, this agreement shall be subject to cancellation by the Lessee should any one or more of the following events occur: (a) The permanent abandonment of the airport as an air terminal. (b) The issuance of any Court of competent jurisdic- tion of an injunction which in any way prevents or re- stri.cts the use of the airport and the injunction or restriction remains in force for nt least thirty (30) days. (c) The breach by the Lessor of any of the cove- nants, terms or conditions of this agreement to be kept, performed and observed by the Lessor and the failure to remedy such breach for a period of sixty days (60) after written notice from the Lessee o4' the existence of the breach. (d) The assumption by the Federal Government or any other governmental. agency of the control of the airport or SCHNEIDER, SMYTHE. SALLEY & VAN SICLEN ATTORNRY6 AT LAW 39 FIRIT 6TRzzT N ORTHRANT AU6URN. WAGHINOTON 66002 T[tsrHONs 633-1660 636.3660 -11- any portion thereof in a manner which would preclude the Lessee from operating under the terms of this lease or which would substantially restrict its operation under the terms of this lease. If such an event should occur, an adjustment shall be paid to I..essee to fairly compensate Lessee for its investment costs incurred in the construction of its building. If the parties hereto cannot agree upon a fair compensation, the matter shall be arbitrated with the arbitration method being established as set forth in Paragraph 32 herei.nbelow. (e) If the Lessor should develop, change or alter the development of the airport in such manner that would substantially preclude, prevent or hinder the Lessee from operation under the terms of this lease. If the lease should be terminated either under this section or the previous section, permitting termination by the Lessor in the event of governmental restriction, or sub- sLantial interference, and thereafter the site should become available, or a similar site should become avail- able, the Lessee shall have the right to lease the site on the same terms and conditions as contained in this lease, or, if the same site is unavailable in its pre- vious condition, alternatively oI. the same terms and conditions as offered to any prospective Lessee. This right shall be effective only if the Lessee has faith- fully performed all of the terms and conditions of this lease and if land and premises are available at the Auburn Airport for development. 23. Bolding Over. In the event Lessee shall hold over after the first term herein created, then such holding over shall be a tenancy from month Lo nionLh only and governed by the same conditions and covenants as SCHNEIDER. SMYTHE, SALLEY & VAN SICLEN ATTORNEYS AT LAW IIY FIROT YTRKIET N011TNRAST AUBURN. WASHINGTON ODOOA TR►.srNoNR 833A AGO !iY-2E00 -12- contained in this lease. 24. Notices.. All notices given or to be given by either party to the other shall be given in writing and shall be addressed to the party at the addresses hereafter set forth or such other address as the parties may by written notice hereafter designated. Notices and payments to Lessor and notices to Lessee shall be addressed as follows: Lessor Lessee City of Auburn Sky Services, Inc. 20 "A" Street Northwest 400-23rd Northeast Auburn, Washington 98002 Auburn, Washington 98002 25. Amendments to be in Writing. This lease sets forth all of the agreements and under- standings of the parties and is not subject to modification except in writing signed by both parties. 26. Successors in Interest. The covenants herein contained shall, subject to the pro- visions as to assignment, apply to and bind the heirs, successors, administrators, executors and assigns of all the parties hereto; and all of the parties hereto shall be jointly and severally liable here- under. 27. Waiver. The acceptance of rental, landing fees or any other payment by the Lessor for any period ,-, periods after a default by the Lessee shall not be deemed a waiver of such default unless the Lessor shall so advise the Lessee in writing. No waiver by the Lessor of any default hereunder shall be construed to be a waiver of any subsequent default by either party. After any default shall have been cured by either party, it shall not thereafter be used by the other party as the grounds for the commencement of a-.Ly legal action under the pro- visions of this agreement. 28. Destruction of the Premises. In the event there is any destruction of the premises either SCHNEIDER. SMYTHE. SALLEY 61 VAN SICLEN ATTORNQY6 AT LAW =o FIRST STRIMT NORTHEAST AUBURN. WASHINGTON 9e00A T[u►HON[ 633.1660 113946e0 -13- whole or partial due to fire, earthquake, acts of enemy, the elements, casualties, latent or patent defects in the construction of the prem- ises or any other similar matter beyond the reasonable contraol of the parties so that the Lessee cannot fully enjoy the premises, improve- ments and equipment thereon, and Lessee shall notify the Lessor to that effect, the rental payable hereunder shall be equitably abated from the date of such notification until such time as the Lessee shall repair and restore said premises, improvements and equipment to a suitable condition. Lessee shall make restoration of the leased prem- ises within 150 days of its damage or destruction. 29. Defaults. If, after default under the terms of this Lease by either party, the non-defaul.ti.ng party employs an attorney to enforce any right or claim under this agreement, the prevailing party shall be entitled, in addition to any other damages, to recover a reasonable attorney fee and a reasonable accountant fee if such accountant is necessary for the determination of any sums or damages due under the provisions of this lease. 30. Ownership Reversion. Subject to Paragraph 18, and subject to the right of Lessee's building finance institution to assume the Lessee's rights and obligations herein in the event of Lessee's default to said finance institution. At any time this lease shall terminate, the building, alterations and additions st-.tll become the sole property of I..essor and the freehold interest of said structure shall be vested, in fee simple, in the Lessor. 31. Option to Renew. (a) If this lease shall be in force and effect on the date of expiration of the original term, and the Lessee on that - date shall have fully complied with the terms and conditions of this lease, Lessee may elect to renew for an additional thirty years (30) beginning with the expiration of the original term. To exercise SCHNEIDER. SMYTHE. SALLEY & VAN SICLEN ATTORNEYS AT LAW 2D FIRST STRi6T NORTHRAST AUBURN. WADHINGTON 98002 T[L"HONL 833-1660 O3P-Y680 -14- this option, Elie Lessee shall give the Lessor at least one year's (1) advance notice in writing. (b) In the event Lessee shall exercise its option to extend the initial lease term as hereinabove provided, all terms and conditions of this lease shall apply during Elie extended term, except the rental to be paid therein, which rental shall be agreed upon by the parties at the time of the exercise of said lease extension. In the event the parties are unable to agree upon the amount of the rental to be paid. for the (_,-tension of the l f n,,c term, the same shall be fixed by an arbitration committee con- sisting of three persons, one to be selected by the Lessor, one to be selected by the Lessee, and the third to be selected by the two persons selected by the Lessor and Lessee. The decision of a majority of said arbitrators shall be binding upon Lessor and Lessee as the amount of Elie rental for said lease term extension; provided, how- ever, that the rental rate shall be subject to readjust- ment at the expiration of each five-year period of the extended lease term in the manner provided in Section Six of this agreement. The arbitrators shall be appointed not less than six months of the commencement of the lease term extension and shall submit -Leir rental termination findings to the parties hereto not less than three months prior to the commencement of the extension of the lease term. 32. Additional. Obligations Assumed by Lessee. (a) Lessee agrees to operate the premises leased for Elie use and benefit of the public and (i) To furnish said services on a fair, equal and not unjustly discriminatory basis to all user thereof, and SCHNEIDER. SMYTHE. SALLEY & VAN SICLEN ATTORNEYS AT LAW So FIRST STRttT N ORTHtA@T AUBURN. WASHINGTON 98002 TWURPHONt 5334660 Sao -Soso -15 (ii.) To charge for, reasonable, and not unjustly dis- criminatory prices for each unit or service; provided, that the Lessee may be allowed to make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. (b) The Lessee, for himself, is personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that (1) No person on the grounds of race, color, 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 tinder such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) That the Lessee shall use the premises in compliance with all other requirements imposed by tier persuant to Title 49, Code of Federal Regulations, Department of Transportation, Sub -Title A, Office of the Secretary, Part 21 Non -Discrimination and Federally -Assisted Programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. (c) In the event of breach of any of the preceeding non-discrim- ination covenants, Lessor shall have the right to terminate the License, Lease, Permit granted herein, and to re-enter and repossess said land and the facilities thereon, and pull the same as if said lease had never been made or issued. DATED this day of 1978. C OF AUBURN, WASHINGTON SKY SERVICES, INC. 00 r Its President (Executed by Sky Services this day of June, 1978.) _ SCHNEIDER. SMYTHE. SALLEY & VAN SICLEN ATTORNEYS AT LAW 29 FIRST STREET NORTHEAST AUBURN. WABHINOTON 96002 TULSPHON& 633-1660 839-2660 -16- 33. Additional obligation of the Lessor. The Airport shall pay related costs to provide culvert and fill for the drainage ditch along the northern edge of the property. DATED and SIGNED this 16th day of May , 1978. CITY OF AUBURN ATTEST: City Cler AP7,0 EDAS TO FORM: o rney The Lessee, SKY SERVICES, INC., acknowledges and approves the addition of paragraph 33 to that certain Fixed -Base Lease at Auburn Airport Agreement at the Auburn Airport, as authorized by Auburn City Resolution No. 866, dated February 21, 1978. DATED this day of 1-TU/L'oE , 1978. SKY SERVICES, INC. President --------------------------------- Additional obligation of Lessor City of Auburn - Sky Services, Inc. Page 17 ATTEST: -. Z. City Cler APPROVED AS TO FORM: �u- Cit ttorney STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of ,�.i _, 1978, before me personally appeared 4-1 _- to me known to be the ,yj7�,..Q �� �h� (��.� ��Qt4 / of the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that _.�t he wcauthorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set nay hand and affixed my official seal the day and year first above written. �AOTAI-R TC in and for -t-h e �t a t e of Washington, residing at SCHNEIDER. SMYTHE. SALLEY Bc VAN SICLEN ATTORNEYS AT LAW 20 FIRGT STR91T N ORTH[AST AUBURN. WASHINGTON 68002 T[LSrHONK 033-1660 839-2660 -18- STATE OF WASHINGTON) )ss COUNTY OF KING ) On this 2 3— day of - 1978, before me personally Wappeared;_ Z1,U,4-X , to me known to be the y,�� _ of the corporation that executed the within and foregoing instrument, and acknowledgedthe said instrument to be the free and voluntary act and deed for said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instru- ment. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. PJotary u is in and for St e of Washington, residing at ��c-• �__ Page 19 and Last RESOLUTION NO. 8 6 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN, TO EXECUTE A LEASE AND AGREEMENT BETWEEN THE CITY OF AUBURN AND SKY SERVICES, INC. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AT A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES: THAT the Mayor and City Clerk of the City of Auburn, are hereby authorized to execute a Lease and Agreement between the City of Auburn and Sky Services, Inc., for certain property located at the Auburn Municipal Airport. That a copy of said Lease is attached hereto, denominated as Exhibit "A-l" and made a part hereof as though set forth in full herein. DATED and SIGNED this 21st day of February, 1978. ATTEST: ity Clerk ------------------ Resolution No. 866 2-21-78 RESOLUTION NO. 8 9 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN, TO EXECUTE AN ADDENDUM TO THAT AGREEMENT AUTHORIZED BY AUBURN CITY RESOLUTION NO. 866 (DATED FEBRUARY 21, 1978) WITH SKY SERVICES, INC. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AT A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES: THAT the Mayor and City Clerk of the City of Auburn, Washington, are hereby authorized to execute an addendum to that agreement authorized by Auburn City Resolution No. 866 (dated February 21, 1978) with Sky Services, Inc. That a copy of said addendum is attached hereto, denominated as Exhibit "A" and made a part hereof as though set forth in full herein. DATED and SIGNED this 15th day of May, 1978. CITY OF AUBURN ATTEST: 0 City 4Cler ------------------- Resolution No. 893 5-10-78