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Home My WebLink About2003 1:9D , -. , . 2 3 4 5 6 N 7 írJ ~ 8 0 (J') 9 ~ 0 10 ~ O"J 11 í1) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RtCEI'f.J'HIIS DAY .+ MW OCI,9 113ë(f~'ß~ 1 HY RESOLUTION NO. 2 0 0 3 (..; r,:,,~ ; 'il.:'_ :'. j.c~ AriIRÈSOL'UTION 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 FOLLOWS: 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. Seci:ion 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation~~:'3 1:< 13 #¡"'¡~:"e? ::,¡:~: ,....:: ::::::: .._" ·::c! .-.- -, .-'.- ...._M._'.. ", ~ ...-.., -. -. .... . :1'..20::(- - .~. _. ... '_:!-'-;::;;'::""='l_ ~.; 't,A. '-.¡, ,1 .::- ~. --------------------- ~cßOy ~ß,1)J~~;.1)¢. øo.co~ Resolution No. 2003 Page 1 September 21, 1989 . . '. 1 2 3 4 5 6 7 8 N 00 9 ~ 0 10 (J') ~ 11 0 ~ 12 0") íJJ 13 1 15 16 17 18 19 20 21 22 23 24 25 26 DATED and SIGNED this o?~ day of October, 1989. ATTEST: G~e~ APPROVED AS TO FORM: Clerk -rt\\, M)~--' ç,-~_ ,\)0 . _+-- Marguerite Schellentrager; City Attorney --------------------- Resolution No. 2003 Page 2 September 21, 1989 "dJ \'0 ' ' N 00 ~ o O"J ~ o ~ OJ C!'J 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 referred to as "SKY SERVICES, INC.· WHEREAS, the CITY and SKY SERVICES, INC. entered into a Lease Agreement (the "original Lease Agreement") on February 27, 1978, for the lease of real 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 fi ve (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 ori9inal N Lease Agreement. írJ ~ 2. RENTAL RATE ADJUSTMENT o ~ The parties agree and understand that during the five (5) year ~ period commencing on the effective date of this Amendment II, the applicable O"J r:rJ rental rate shall be as foll ows: 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 , , N írJ ~ o (J') ~ o ~ 0') (,1) '. - .' appraisal shall be only of the land and shall exclude the building improvements. The appraisal will be conducted by a qualified MAl 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 existin9 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 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 the rental rate within 75 days of being appointed. (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 takin9 the percentage of increase or decrease since the start of the period in the Consumer Pri ce 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 · ~, N írJ ~ o "" ~ o ~ (J') (J') " . 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 thi s eR d- day of c1l ~ ,1981-. CITY OF AUBURN ø-~r< M A 0 R ../ ATTEST: ~~~.~ Gayle utcher, Deputy City Clerk --------------------------- Amendment II-Sky Services Page Four 8/8/89 . " N r;r) ~ " (J') ~ o ...t ~ rJ) . APPROVED AS TO FORM: '-- ~ ~~,,~~ \~)\á¡- Marifuerlte che entrager, City Attorney SKY SERVICES, INCORPORATED BY: ~ Û -?.ý " /' ~~(,-Æ'~#" TITL E : /) / J 4¿"ø,c'P7 BY: TITLE: STATE OF WASHINGTON) )ss COUNTY OF KING ) On this 2.d-- day of ~ , 1988, before me, the undersi9ned, a Notary Pub1i~u\nMalld.lQr.,~h~ State of Washington, personally appeared BOB ROEGNER and ~~~to me known to be the Mayor and ð6P~~ City Clerk, respectively, of the CITY OF AUBURN, WASHINGTON, the municipal r 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 affix~d my official seal on the date hereinabove set forth. ~) NOTA PUBLIC in and ot the State of Washington, residfngat' ~ My Commission expire.~:,·.~..(~ ('1'1d --------------------------- Amendment II-Sky Services Page Fi ve 8/8/89 Resolution No. 2003 i.... '.... , . N írJ ~ o ~ ,-4 " ~ (J') írJ J , . , " . STATE OF WASHINGTON) )ss COUNTY OF KING ) On this \q day of S.)~ ' 1988, before me, the under- signed, a Notary Public in and for.,the State of. ashington, ,duly commissioned and sworn, personally appeared W~\\'" C c C1U. .À and , respective y, 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 instr.ument. IN WITNESS WHEREOF, I have hereunto set my hand and a ffi xed my offi ci al seal on the date hereinabove set fort~h. _SJ~ D· CGM-"^\ " NO RY PUBLIC in and for the' State " of Washington, residing at Çid. \;J('\~.r\ - - ¡ My Commi ss i on expi res: -::-':>-1 c¡ .Eì ~ --------------------------- Amendment II-Sky Services Page Six 8/8/89 Resolution No, 2003 ·- . . , - STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, RObin,.Wt;>hlhueter, the duly appointed, qualified City Clerk of the C:ity"of Auburn, a Municipal corpc;>ration and Code,Clty, situate in the County of King, state of ;,. .,'< "'x washin::Jton, do hereby certify that the foregoing is a full, correct copy of Resolution No. 2003 of the resolutiç:m of the City of Auburn, entitled "A RESOLUTION." I 'cêrt-i'fy that said Resolution No. 2003 was duly passed by the Cóunòi~ and approv~d by the Mayor of th~ said City of Auburn, on the 2nd day of October .D., 1988. witness my hand and tþ.e official seal of the City of Auburn this January 4, 1990, A.D. ~ ¿JtljjUl!:Ã.j Robin Wohlhueter City Clerk city of Auburn :;, -- 25 West Main, Auburn, WA 9800]-4998 (206) 93]-3000