HomeMy WebLinkAbout08-15-2005 ITEM VIII-B-8AIJB"RN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject:
Date:
Resolution No. 3893
August 8, 2005
Department:
Attachments:
Budget Impact:
Finance
Resolution No.
3893 and Addendum
No. IV
Administrative Recommendation:
City Council to adopt Resolution No. 3893.
Background Summary:
Resolution No. 3893 authorizes the Mayor and City
Clerk to execute an amendment to an existing Fixed
Base Lease at the Auburn Municipal Airport with Auburn Flight Service, Inc. The amendment will
relinquish a strip of land along the northern boundary of their lease area. The relinquished strip of land
could then be leased to N. W. Hangars, LLC. (Resolution
No. 3894) to build new hangar buildings.
N0815-1
A3.17, 04.4.9
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
i ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ® Municipal Serv.
® Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board ❑Public Works
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: [-]Yes [:]No
Council Approval: ❑Yes []No
Call for Public Hearing
Referred to Until
Tabled
Councilmember: Cerino
I Staff: Coleman
Meeting Date: August 15, 2005
1 Item Number: VIII.B.8
AUBURN* MORE THAN YOU IMAGINED
RESOLUTION NO. 3 8 9 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING AN AMENDMENT TO
AN EXISTING FIXED BASE LEASE AT AUBURN MUNICIPAL
AIRPORT WITH AUBURN FLIGHT SERVICE, INC. APPROVED
BY RESOLUTION 3181 ADOPTED FEBRUARY 22, 2000
WHEREAS, at a regular meeting of the Auburn City Council held
February 22, 2000, the Council adopted Resolution 3181 providing for Auburn
Flight Services, Inc. to assume the lease of 3.01 acres at the Auburn Municipal
Airport; and
WHEREAS, it is in the interest of the City of Auburn to amend the lease
with Auburn Flight Services, Inc. at the Auburn Municipal Airport;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Purpose. The Mayor and City Clerk of the City of Auburn
are hereby authorized to execute an amendment to the Fixed Base Lease at
Auburn Municipal Airport with Auburn Flight Services, Inc., which is attached
hereto and marked as Addendum No. IV and by this reference incorporated
herein.
Section 2. Implementation. The Mayor of the City of Auburn is hereby
authorized to implement such administrative procedures as may be necessary
to carry out the directions of this resolution.
Section 3. Effective Date. This Resolution shall take effect and be in
full force upon passage and signatures hereon.
Resolution No. 3893
August 8, 2005
Page 1 of 2
DATED and SIGNED THIS DAY OF 2005.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
Dar5iel B. Hsi
City Attorney
Resolution No. 3893
August 8, 2005
Page 2 of 2
ADDENDUM NO. IV
ADDENDUM TO FIXED BASE LEASE AT AUBURN AIRPORT
THIS ADDENDUM made and entered into this day of ,
200_, by and between AUBURN FLIGHT SERVICES, (hereinafter referred to as "AFS") and
the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to
as the "CITY"), is an addendum to the Fixed Base Lease at Auburn Airport, dated February 27, 1978
(recorded under King County Recording Number 7806230483), amended January 3, 1984 and on
October 2, 1989 and assigned June 1, 2000 whereby the lessee's interests were transferred from Sky
Services, Inc. to Auburn Flight Services, Inc.
WITNESSETH:
WHEREAS, Auburn Flight Services, Inc. has assumed the lease of 3.01 acres at the Auburn
Municipal Airport per Resolution 3181 as described in Exhibit A; and,
WHEREAS, Auburn Flight Services, Inc. wishes to relinquish a portion of the leased area
along the Northern boundary for further development at the airport by Northwest Hangars as
described in Exhibit B; and,
WHEREAS, Auburn Flight Services, Inc. will have a revised lease area as described in
exhibit C; and,
WHEREAS, Northwest Hangars is entering into a land lease with the City for the area
relinquished by Auburn Flight Services, Inc and an additional adjacent area which is described in
Exhibit D.
NOW THEREFORE In consideration of their mutual covenants, conditions and promises,
the PARTIES HERETO HEREBY AGREE as follows:
ITEM ONE REVISION TO FIXED BASE LEASE AT AUBURN AIRPORT. That
Section 2 of the Fixed Base Lease at Auburn Airport, dated February 27, 1978, as previously
amended and assigned, is amended to reflect the premises described in Exhibit C hereto, reducing the
total premises of the lease from 130,680 square feet to 120,580 square feet.
ITEM TWO REVISIONS TO FIXED BASE LEASE AT AUBURN AIRPORT. That
Section 5 of the Fixed Base Lease at Auburn Airport, dated February 27, 1978, as previously
amended and assigned, reflects a rental rate of $ —
per square feet of rental premises per
annum computed on the area described in Exhibit C hereto (120,580 square feet); and that the rental
rate shall hereafter be calculated through the formula described in Section 6 of the Fixed Base Lease
as amended and assigned.
August 9, 2005
Resolution No. 3893
UM
ITEM THREE REMAINING TERMS UNCHANGED: That all other provisions ofthe Fixed
Base Lease at Auburn Airport, dated February 27, 1978, as previously amended and assigned, 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.
AUBURN FLIGHT SERVICES
By:
Jamelle Garcia, President
August 9, 2005
Resolution No. 3893
CITY OF AUBURN
IN
Peter B. Lewis, Mayor
Attest:
Danielle E. Daskam. City Clerk
tA#4 ♦M -LI
Page 2
EXHIBIT "All
?ehAv Portion of the J. Brannan Donation Claim No. 38 situate in S
ection 7
5East,, W.M. described as f62j.ows,.
npQrtheas t
1E ng at the corner of the J.
Bxannan-Ddnatjon Claim No: 381
th n0e N 89049'52 '�V 4jO.N.f6ot; th
apce'S 0052.125.11 P7.jJ20.42'ldet to
'the
t''P61tit of
g :VL n91 th0hC6'C6htlnuin9 S 0*52925
88°53•:.43".,W
r 10 260-00 feet:i thenc�i
536AI -fe t:;.'
Od. e t6nce IV, 0652'25" E 260,00'feet, thehai 8.''8805314301:
:9 SJO.Op feet to the true Point ofBeginning LESS the
eas6.25 hiet fo�r street
situate In the
Atzh6.in' Kiny Co4nty' Washingtgg
3.61 Acres
Exhibit B
THAT PORTION OF THE J. BRANNAN DONATION CLAIM NO. 38 SITUATED IN
SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE J. BRANNAN DONATION
CLAIM NO. 38:
THENCE NORTH 88 DEGREES 49'52" WEST 430.01 FEET;
THENCE SOUTH 0 DEGREES 52'25" WEST 1320.42 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 0 DEGREES 52'25" WEST 20.00 FEET;
THENCE NORTH 88 DEGREES 53'43" WEST 530.00 FEET;
THENCE NORTH 0 DEGREES 52'25" EAST 20.00 FEET;
THENCE SOUTH 88 DEGREES 53'43" EAST 530.00 FEET TO THE TRUE POINT
OF BEGINNING:
LESS THE EAST 25 FEET FOR STREET;
TOGETHER WITH AND INCLUDING SPECIFIC SUBSURFACE RIGHTS
CONSISTING OF THE RIGHT TO CONSTRUCT OR DEMOLISH FOUNDATION
STRUCTURES BENEATH THE SURFACE, SUCH FOUNDATIONS TO SUPPORT
HANGARS ON THE ADJOINING PARCEL DESCRIBED ABOVE, AND TO
VERTICAL AND LATERAL SUPPORT FOR SUCH STRUCTURES BUT NOT
INCLUDING MINERAL RIGHTS, IF ANY, AND INCLUDING THE RIGHT TO
DISTURB THE SURFACE FOR THE LIMITED TIME NECESSARY FOR
PURPOSES OF CONSTRUCTION OR DEMOLITION OF SUCH STRUCTURES,
PROVIDED THAT THE SURFACE IS RESTORED TO ITS PREVIOUS CONDITION
WHEN CONSTRUCTION OR DEMOLITION OF STRUCTURES IS COMPLETED,
FOR THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE NORTHEAST CORNER OF THE J. BRANNAN DONATION
CLAIM NO. 38:
THENCE NORTH 88 DEGREES 49'52" WEST 430.01 FEET;
THENCE SOUTH 0 DEGREES 52'25" WEST 1340.42 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 0 DEGREES 52'25" WEST 3.00 FEET;
THENCE NORTH 88 DEGREES 53'43" WEST 530.00 FEET;
THENCE NORTH 0 DEGREES 52'25" EAST 3.00 FEET;
THENCE SOUTH 88 DEGREES 53'43" EAST 530.00 FEET TO THE TRUE POINT
OF BEGINNING:
LESS THE EAST 25 FEET FOR STREET.
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF
WASHINGTON.
EXMbitB-073105.doc
Exhibit C
THAT PORTION OF THE J. BRANNAN DONATION CLAIM NO. 38 SITUATED IN
SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE J. BRANNAN DONATION
CLAIM NO. 38:
THENCE NORTH 88 DEGREES 49'52" WEST 430.01 FEET;
THENCE SOUTH 0 DEGREES 52'25" WEST 1340.42 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 0 DEGREES 52'25" WEST 240.00 FEET;
THENCE NORTH 88 DEGREES 53'43" WEST 530.00 FEET;
THENCE NORTH 0 DEGREES 52'25" EAST 240.00 FEET;
THENCE SOUTH 88 DEGREES 53'43" EAST 530.00 FEET TO THE TRUE POINT
OF BEGINNING:
LESS THE EAST 25 FEET FOR STREET;
SUBJECT TO SPECIFIC SUBSURFACE RIGHTS CONSISTING OF THE RIGHT TO
CONSTRUCT OR DEMOLISH FOUNDATION STRUCTURES BENEATH THE
SURFACE, SUCH FOUNDATIONS TO SUPPORT HANGARS ON THE ADJOINING
PARCEL LOCATED TO THE NORTH, AND TO VERTICAL AND LATERAL
SUPPORT FOR SUCH STRUCTURES BUT NOT INCLUDING MINERAL RIGHTS,
IF ANY, AND INCLUDING THE RIGHT TO DISTURB THE SURFACE FOR THE
LIMITED TIME NECESSARY FOR PURPOSES OF CONSTRUCTION OR
DEMOLITION OF SUCH STRUCTURES, PROVIDED THAT THE SURFACE IS
RESTORED TO ITS PREVIOUS CONDITION WHEN CONSTRUCTION OR
DEMOLITION OF STRUCTURES IS COMPLETED, FOR THE FOLLOWING
DESCRIBED PROPERTY:
BEGINNING AT THE NORTHEAST CORNER OF THE J. BRANNAN DONATION
CLAIM NO. 38:
THENCE NORTH 88 DEGREES 49'52" WEST 430.01 FEET;
THENCE SOUTH 0 DEGREES 52'25" WEST 1340.42 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 0 DEGREES 52'25" WEST 3.00 FEET;
THENCE NORTH 88 DEGREES 53'43" WEST 530.00 FEET;
THENCE NORTH 0 DEGREES 52'25" EAST 3.00 FEET;
THENCE SOUTH 88 DEGREES 53'43" EAST 530.00 FEET TO THE TRUE POINT
OF BEGINNING:
LESS THE EAST 25 FEET FOR STREET.
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF
WASHINGTON.
ExliibitG073105.doc
Exhibit D
THAT PORTION OF THE J. BRANNAN DONATION CLAIM NO. 38 SITUATED IN
SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE J. BRANNAN DONATION
CLAIM NO. 38:
THENCE NORTH 88 DEGREES 49'52" WEST 430.01 FEET;
THENCE SOUTH 0 DEGREES 52'25" WEST 1320.42 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 0 DEGREES 52'25" WEST 20.00 FEET;
THENCE NORTH 88 DEGREES 53'43" WEST 530.00 FEET;
THENCE NORTH 0 DEGREES 52'25" EAST 53.00 FEET;
THENCE SOUTH 88 DEGREES 53'43" EAST 530.00 FEET;
THENCE SOUTH 0 DEGREES 52'25" WEST 33.00 FEET TO THE TRUE POINT OF
BEGINNING:
LESS THE EAST 25 FEET FOR STREET;
TOGETHER WITH AND INCLUDING SPECIFIC SUBSURFACE RIGHTS
CONSISTING OF THE RIGHT TO CONSTRUCT OR DEMOLISH FOUNDATION
STRUCTURES BENEATH THE SURFACE, SUCH FOUNDATIONS TO SUPPORT
HANGARS ON THE ADJOINING PARCEL DESCRIBED ABOVE, AND TO
VERTICAL AND LATERAL SUPPORT FOR SUCH STRUCTURES BUT NOT
INCLUDING MINERAL RIGHTS, IF ANY, AND INCLUDING THE RIGHT TO
DISTURB THE SURFACE FOR THE LIMITED TIME NECESSARY FOR
PURPOSES OF CONSTRUCTION OR DEMOLITION OF SUCH STRUCTURES,
PROVIDED THAT THE SURFACE IS RESTORED TO ITS PREVIOUS CONDITION
WHEN CONSTRUCTION OR DEMOLITION OF STRUCTURES IS COMPLETED,
FOR THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE NORTHEAST CORNER OF THE J. BRANNAN DONATION
CLAIM NO. 38:
THENCE NORTH 88 DEGREES 49'52" WEST 430.01 FEET;
THENCE SOUTH 0 DEGREES 52'25" WEST 1340.42 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 0 DEGREES 52'25" WEST 3.00 FEET;
THENCE NORTH 88 DEGREES 53'43" WEST 530.00 FEET;
THENCE NORTH 0 DEGREES 52'25" EAST 3.00 FEET;
THENCE SOUTH 88 DEGREES 53'43" EAST 530.00 FEET TO THE TRUE POINT
OF BEGINNING:
LESS THE EAST 25 FEET FOR STREET.
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF
WASHINGTON.
ExhibitD-073105.doc