HomeMy WebLinkAboutResolution No. 5912 Executed Exhibit A Docusign Envelope ID:5FF3E7D3-E5C0-8121-83A6-B4F1 BC4BC575
FIRST AMENDMENT TO THE
AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF AUBURN AND
RAINIER FLIGHT SERVICE, LLC
THIS FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment") is entered into
this , 2026, ("First Amendment Date") by and between the City of
Auburn, a Washington municipal corporation("Landlord," or"City") and Rainier Flight Service,
LLC, a Washington Limited Liability Company( "Tenant").
RECITALS:
1. The Parties entered a Lease Agreement on October 7, 2024 (the "Lease") for office space
in the Auburn Municipal Airport's "Administration Building" located on the Auburn
Municipal Airport(the "Airport") authorized through the ratification of Resolution 5786.
2. The Parties mutually desire to amend the Lease under the following terms.
3. This Amendment is authorized by the Auburn City Council through the ratification of
Resolution 5912
NOW THEREFORE, the Parties agree to amend the Lease as follows, effective August 1,
2026 (the "Amendment Effective Date"):
1. Article 1.1 of the Lease is replaced in its entirety with the following:
1.1) In consideration of the rent and performance by Tenant of the terms and conditions and the
mutual covenants in this Lease, Landlord agrees to lease to Tenant, and Tenant agrees to lease
from Landlord, the "East Room", Office 1, and Office 2 located within the Auburn Airport
Administration Building at 2143 E Street NE,Auburn,WA 98002 ("Administration Building") as
depicted in Exhibit A. The East Room, Office 1, and Office 2 are individually and collectively the
"Premises". The Premises is a portion of King County parcel number 000080-0009, located in the
City of Auburn, Washington, at the Auburn Municipal Airport(the "Airport").
2. Exhibit A to the Lease (depicting the Premises) is replaced with the following
new Exhibit A (Airport Administration Building):
Rainier Flight Services/COA
Lease Agreement dated October 7th,2024(RES 5786)
First Amendment RES 5912 Page 1 of 4
Docusign Envelope ID:5FF3E7D3-E5C0-8121-83A6-B4F1 BC4BC575
Exhibit A
Airport Administration Building
Auburn Airport Administration Building
Floor Plan
1
1
AUBURN
MUNICIPAL
Office#1 Office#2 Uti. Office 43 Kitchen '
IL
East Roorr
1. :', '
E _1
LA AUBURNMUNICIPAL
Lobby
Conference Room 1
E
Bathroom m I
rr l I .
Rainier Flight Services Administration Building Lease Premises
3. Article 2.2 of the Lease is replaced in its entirety with the following:
2.2) Extension Options. Provided Tenant is not in default under this Lease and has faithfully
performed all terms and conditions of this Lease, Tenant may request to extend the then-current
Lease term for up to two (2) additional consecutive periods of five (5) years each (each, an
"Extension Option"). Each Extension Option shall commence immediately upon expiration of the
preceding Lease term,without interruption or delay.
Tenant may exercise an Extension Option only by delivering written notice to the City
("Exercise Notice") in accordance with Article 12 between August 1 and August 31 of the final
year of the then-current Lease term. Tenant's delivery of an Exercise Notice shall constitute a
request to extend the Lease term and shall not automatically extend the Lease. Any Extension
Option shall be subject to the City's sole review and written approval, which approval may be
granted, conditioned, or denied in the City's sole and absolute discretion.
Landlord shall provide Tenant with written notice within ten(10) business days after receipt of
Tenant's Exercise Notice, stating whether Landlord approves, denies, or conditions approval of
Tenant's request(the "Notice Response"). If Landlord fails to provide a Notice Response within
such ten(10)business day period, Tenant's request shall be deemed approved, subject only to
the Extension Option Rent provisions set forth in Article 3.4.
Each Extension Option is personal to Tenant and may not be assigned or exercised,voluntarily or
involuntarily, by or to any other person or entity. In addition, each Extension Option shall be
available only to and exercisable by Tenant while Tenant is in actual physical possession of the
Premises.
Rainier Flight Services/COA
Lease Agreement dated October 7th,2024(RES 5786)
First Amendment RES 5912 Page 2 of 4
Docusign Envelope ID:5FF3E7D3-E5C0-8121-83A6-B4F1 BC4BC575
4. Article 3.1 of the Lease is replaced in its entirety with the following:
3.1) Effective upon the Amendment Effective Date, the Tenant agrees to pay to the City of
Auburn a "Base Rent" of$2,185.46 per month. The Base Rent is inclusive of all common area
maintenance and usage fees, and security fees. In addition to the Base Rent, Tenant agrees to pay
a statutory leasehold excise tax of 12.84% of the monthly Base Rent imposed by RCW 82.29A.
The Base Rent plus leasehold excise tax (together "Rent") at the Amendment Effective Date, is
$2,466.07 per month. Tenant shall pay Rent in full at the office of the Airport Manager or at such
other office as may be directed in writing by the Landlord, on the 1st calendar day of each month.
Rent shall be paid without notice,demand,offset,abatement or deduction of any kind.If this Lease
commences or terminates on a date other than the first or last day of the calendar month,then Rent
shall be pro-rated on a 30-day per diem basis.
5. A new Article 3.5 is added to the Lease and reads as follows:
3.5) Lease Deposit. Immediately upon execution of this Amendment, Tenant shall deposit with
Landlord a"Lease Deposit" of$4,000 which shall be held by Landlord as security for the faithful
performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and
performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage
in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease,Landlord
may use any part of the Lease Deposit for the payment of any rent or any other sum in default, or
for the payment of any amount which Landlord may spend or become obligated to spend by reason
of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may
suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days
after written demand therefor, deposit with Landlord an amount sufficient to restore the Lease
Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease.
Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep
the Lease Deposit separate from its general funds, and Tenant shall not be entitled to interest on
such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be
performed by it,the Lease Deposit or any balance thereof shall be returned to Tenant at such time
after termination of this Lease when Landlord shall have determined that all of Tenant's obligations
under this Lease have been fulfilled.
10. The following contact is added to Article 12 — Notices:
Bradley Donaldson
2143 E Street NE, Ste 1
Auburn, WA 98002
206.851.2624
Bradley@Rainierflight.com
Rainier Flight Services/COA
Lease Agreement dated October 7th,2024(RES 5786)
First Amendment RES 5912 Page 3 of 4
Docusign Envelope ID:5FF3E7D3-E5C0-8121-83A6-B4F1 BC4BC575
SIGNATURES
By signing below, the TENANT ACKNOWLEDGES HAVING READ AND UNDERSTOOD
THE CONTENTS OF THIS AMENDMENT, AND AGREES TO IT.
TENANT LANDLORD
RAINIER FLIGHT SERVICE, LLC CITY OF AUBURN
rDocoSigned by.
oriaw gluari,
Gordon Alvord, Owner Nancy Backus, Mayor
DowSigned by:
Bradley Donaldson, Owner Approved as to Form:
Jason Whalen, City Attorney
Rainier Flight Services/COA
Lease Agreement dated October 7th,2024(RES 5786)
First Amendment RES 5912 Page 4 of 4