HomeMy WebLinkAboutRes 2003 - 9-21-891
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HLbE;ifa Ttils Dar
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f' RESOLUTION NO. 2 0 0 3
A"+!RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AMENDMENT II TO LEASE AGREEMENT BETWEEN THE CITY OF AUBURN
AND SKY SERVICES, INCORPORATED.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN
A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS
Section 1. The Mayor and City Clerk of the City of
Auburn, Washington, are herewith authorized to execute
Amendment II to Lease Agreement between the City of Auburn
and SKY SERVICES, INCORPORATED. A copy of said Agreement is
attached hereto, denominated as Exhibit "A", and made a part
hereof as though set forth in full herein.
Section 2. Upon the passage of this Resolution, the
City Clerk of the City of Auburn shall cause this Resolution
and attached Exhibit "A" to be recorded in the office of the
King County Records and Elections Division.
Section 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation,.,,
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26 Resolution No. 2003
Page 1
September 21, 1989
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DATED and SIGNED this 0�a day of October, 1989.
ATTEST:
Deputy City Clerk
APPROVED AS TO FORM:
-------------------
Resolution No. 2003
Page 2
September 21, 1969
, City Attorney
AMENDMENT II
TO LEASE AGREEMENT BETWEEN THE CITY OF AUBURN
AND SKY SERVICES, INC.
THIS AMENDMENT II made and entered into this day of
19�, by and between the CITY OF AUBURN, a municipal corporation of the
State of Washington, hereafter referred to as "CITY" and SKY SERVICES,
INCORPORATED, a
corporation organized under the laws of the
State of
Washington, 1725
"E" Street N.E., Auburn, Washington 98002,
hereafter
i�
Q
referred to as "SKY
SERVICES, INC."
WHEREAS, the
CITY and SKY SERVICES, INC. entered into a
Lease Agreement
"0
(the "original Lease
Agreement") on February 27, 1978, for
the lease of real
`r
property in the
City of Auburn, Washington, located at the
Auburn Airport;
and
WHEREAS, pursuant to that original Lease Agreement, the rental rate is
subject to adjustment at the end of each designated five (5) year period of
the lease term; and
WHEREAS, the CITY and SKY SERVICES, INC, entered into a Rental Rate and
Rate Adjustment to the original Lease Agreement on January 3, 1984, pursuant
to the original Lease; and
WHEREAS, in accordance with Section 6 of the original Lease Agreement,
the second five (5) year period of the lease term has ended and it is time
to readjust the rental rate;
---------------------------
Amendment II -Sky Services
Page One -Agreement Disc #7
8/8/89
Resolution No. 2003
NOW, THEREFORE, in consideration of the mutual covenants of this
Amendment II, and the terms of the original Lease Agreement, the parties
agree as follows:
1. PURPOSE
The purpose of this Amendment II is provide for an amendment of the
rental adjustment procedures set forth in Sections 6 and 31 of the original
Lease Agreement.
2. RENTAL RATE ADJUSTMENT
The parties agree and understand that during the five (5) year
period commencing on the effective date of this Amendment II, the applicable
rental rate shall be as follows:
Rent
$1,295.80
In addition to the specified rental rate, SKY SERVICES,
INC. shall pay to the CITY the Washington State Leasehold
Excise Tax at the current tax rate.
3. RENTAL RATE AND RATE ADJUSTMENT
Section 6 of the original Lease Agreement is amended in its entirety
and replaced by the following:
6. Rental Rate and Rate Adustment
The rental rate for each five (5) year period shall be
subject to adjustment as follows:
(a) Six months before each five-year anniversary date of
the lease term, the Lessee and Lessor shall determine the
appraised rental value of the leased land herein. The
---------------------------
Amendment II -Sky Services
Page Two
8/8/89
Resolution No. 2003
appraisal shall be only of the land and shall exclude the
building improvements. The appraisal will be conducted
by a qualified MAI appraiser agreed upon by both the CITY
and SKY SERVICES, INC. in accordance with the following
procedures:
(i) The appraisal shall be based upon land values and
rates of comparison of property from those airports
selected by the appraiser with similar facilities and
attributes as those existing at Auburn Municipal Airport.
The appraiser shall make the final determination on the
list of comparable airports and this list will be binding
upon the parties.
(ii) The appraiser shall further consider any proposals
or memoranda submitted by either party pertaining to the
CQ
appraisal and will analyze said proposals and conduct such
{�
investigation, interviews and discussions with or without
the parties as the appraiser feels necessary; and,
(iii) The appraiser shall make a written determination of
R-1
the rental rate within 75 days of being appointed.
0
(b) In the event either party objects to the appraiser's
determination of the rental rate, the party may apply to
the King County Superior Court to have the rental rate
determined by arbitration. The arbitration will be con-
ducted in accordance with the rules and procedures for
mandatory arbitration of civil actions in King County
Superior Court. The arbitrator shall take due account of
the factors for adjusting the rent which are set forth in
paragraph (a) above.
(c) The final decision entered in the Superior Court pro-
ceeding shall be effective as of the scheduled commencement
date of the five-year lease period.
(d) During the interim of each five-year lease period,
the rental rate in effect at the start of the period (the
"base rent") shall be adjusted beginning with the thirty-
first (31st) month by taking the percentage of increase or
decrease since the start of the period in the Consumer
Price Index ("CPI") of the Department of Labor for the
Seattle -Tacoma Metropolitan Area multiplied by the base
rent.
-------------------------
Amendment II -Sky Services
Page Three
8/8/89
Resolution No. 2003
4. OPTION TO RENEW - RATE ADJUSTMENT
Section 31(b) of the original Lease Agreement is amended and is
replaced by the following:
(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 the
extended term, including the rental rate adjustment proce-
dure set forth in Paragraph 6, as amended by Amendment II.
5. EFFECTIVE DATE
The effective date of this Amendment II shall be as of June 1, 1988.
6. ORIGINAL LEASE AGREEMENT
All other terms and conditions of the Lease Agreement between the
CITY and SKY SERVICES, INC. entered into on February 27, 1978, shall remain
in full force and effect.
DATED this � day of
CITY OF AUBURN
M A 0 R.
ATTEST:
'-/ .
Gayle Butcher, Deputy City Clerk
---------------------------
Amendment II -Sky Services
Page Four
8/8/89
APPROVED AS TO FORM:
ar uerite $cTie lentrager, City Attorney
SKY SERVICES, INCORPORATED
By.
TITLE
BY:
C� TITLE:
M
STATE OF WASHINGTON)
)ss
COUNTY OF KING )
On this Al ct- day of 1988, before me, the
undersigned, a Notary Publd��i�a�d>,th State of Washington, personally
appeared BOB ROEGNER and , to me known to be the Mayor and DEPk'�
City Clerk, respectively, of the CITY OF AUBURN, WASHINGTON, the municipal
corporation that executed the foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and deed of said municipal
corporation, for the uses and purposes therein mentioned, and on oath stated
that they are authorized to execute the said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal on the date hereinabove set forth.
Amendment II -Sky Services
Page Five
8/8/89
Resolution No. 2003
NOTAfaY PUBLIC in and for`the State
of Washington, residing at Q,cli�
My Commission expires:
STATE OF WASHINGTON)
)ss
COUNTY OF KING )
On this day of 1988, before me, the under-
signed, a Notary Public in and for the State of.�W ash'ngton, duly commissioned
and sworn, personally appeared
and , respectively, of SKY SERVICES,
INCORPORATED, the corporation that executed the within and foregoing instru-
ment, 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 they was authorized to execute the said instrument.
IN WITNESS WHEREOF, I have
seal on the date hereinabove set
Amendment II -Sky Services
Page Six
8/8/89
Resolution No. 2003
hereunto set my hand and affixed my official
forth.
cc,,,
NOTARY PUBLIC in and fortheState of Washington, residing at
My Commission expires: `7—) j
STATE OF WASHINGTON)
ss.
COUNTY OF KING )
I, Robin.Wohlhueter, the duly appointed', qualified City
Clerk of the.City-of Auburn, a Municipal Corporation and
Code, City, situate :in the County of King, State of
Washington, do hereby certify that the foregoing is a full,
true and correct copy of Resolution No. 2003 of the
resoluti:on`of the City of Auburn, entitled "A RESOLUTION."
I`certify that said Resolution No. 2003 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn, on the 2nd day of October A.D., 1988.
Witness my hand and the official seal of the City of
Auburn this January 4, 1990, A.D.
Robin Wohlhueter
City Clerk
City of Auburn
25 West Main, Auburn, WA 98001-4998 (206) 931-3000