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HomeMy WebLinkAbout2743'[" r 4 II T r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 i 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. 2 7 4 3 ~ y a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING LEASE BETWEEN AUBURN AND TAS ENTERPRISES, L.L.C. FOR CERTAIN SPACE AT THE AUBURN MUNICIPAL AIRPORT. WHEREAS, a Lease Agreement exists between the City and Northwest Propeller Service, Inc. for certain space at Auburn Municipal Airport; and WHEREAS, Northwest Propeller Service, Inc. have moved and desire to terminate the lease to their space; and WHEREAS, ALAN and LOUSE TURNIDGE operate a business known as "TAS" which purchases, repairs and sells aircraft and desire to move that operation to Auburn Municipal Airport; and WHEREAS, TURNIDGE desires to lease facilities and space at Auburn Municipal Airport; and WHEREAS, TURNIDGE desires to undertake certain tenant improvements which will benefit the property of Auburn. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: ---------------------- Resolution No. 2743 May 29, 1996 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 1. The City of Auburn does hereby authorize the entry into a Lease Agreement between Auburn and ALAN and LOUISE TURNIDGE, doing business as TAS. Section 2. The Mayor and City Clerk are hereby authorized to execute City of Auburn Municipal Airport Lease between the City and ALAN and LOUISE TURNIDGE, and TAS ENTERPRISES, L.L.C., designated as Exhibit "A" and incorporated by reference in this Resolution. Section 3. If any provision of this Resolution is determined to be invalid or unenforceable for any reason the remaining provisions shall remain in force and effect. Section 4. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. ~'" DATED and SIGNED this _~~ day of _.~~ 1996. CITY OF AUBURN ~,k~.w~~ 1`.~ . ~cc~ 1 ~ CHARLES A. BOOTH MAYOR Resolution No. 2743 May 29, 1996 Page 2 ~` , t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: ~- Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Michael 'J. Reyno City Attorney ---------------------- Resolution No. 2743 May 29, 1996 Page 3 r , r ~ `~ ' t r AUBURN M[TNICIPAL AIRPORT LEASE r ~ t , THIS LEASE AGREEMENT made and entered into this _L~ C,,, day of 1996, by and between the CITY OF AUBURN, a municipal corporation organized under Title 35A RCW, (hereafter referred to as "AUBURN" or "LESSOR"), and TAS ENTERPRISES, L.L.C., P.O. Box 5527, Bellevue, WA 98006 (hereafter referred to as "LESSEE"). W I T N E S S E T H: 1. RECITALS• A. AUBURN owns and operates the Auburn Municipal Airport located in King County, Washington, hereinafter call the "AIRPORT" B. LESSEE desires to lease certain premises on the AIRPORT for the purpose of conducting an aircraft repair, recondition, and sales outlet, and AUBURN is willing to lease for such uses and upon the terms and conditions hereafter stated in this Agreement. --------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 1 [ama3-96] L ~ ~ I Y ~ Lessee TAS ENTERPRISES will use the premises to operate its business for the purchase, sale, preparation, maintenance, or refurbishment of aircraft or any component part, and related business activities. Without further approval of Lessor AUBURN, Lessee may arrange for sub- contractors, independent parties, and others to provide services or goods at the premises which are consistent with airport activities and the needs of customers. C. LESSEE shall make any building modifications in accordance with Auburn City Building Code and Fire Department. D. All building modifications shall be coordinated with, and. approved by, AIRPORT management. E. All costs associated with necessary building modifications will be the responsibility of LESSEE. This will include structural modifications as well as sewer, water, electrical or fencing modification or installation. -------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 2 [ama3-96] ~ , F. LESSEE has supplied AUBURN with certain financial information which AUBURN has relied upon and which LESSEE warrants is accurate, true and correct. G. This Lease has been reviewed and approved by the Airport Advisory Committee and the Council Planning and Community Development Committee. H. The cancellation of the Lease between LESSOR and NORTHWEST PROPELLER SERVICE, INC. shall be a condition precedent to this Lease. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, AUBURN and LESSEE agree as follows: 2. DESCRIPTION OF PREMISES: AUBURN hereby leases the LESSEE the following described property located on the Auburn Municipal Airport, King County, Washington, more particularly described in the legal description attached hereto as Exhibit "A" which is incorporated by reference as if fully set forth herein, togetherwith with a grassy area and ramp to the grassy area --------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 3 [ama3-96] r for parking aircraft, which is described on Exhibit "B" which is incorporated by reference as if fully set forth herein. AUBURN agrees to mow said grassy area, however, LESSEE agrees upon request by AUBURN to move all aircraft or other equipment parked or located on the grassy area prior to the time scheduled for mowing. 3. CONDITION OF PREMISES: LESSEE accepts the above described property in the present condition and is not relying upon any representations of LESSOR as to condition or usability, except LESSOR'S right to grant a lease of the premises. 4. USE OF THE PREMISES: The LESSEE will use the premises for conducting an aircraft repair, recondition and sale facility. 5. TERM OF LEASE: The initial term of this Lease shall be for a period of two and one-half (2-1/2) years commencing on the 1st day of July, 1996 and terminating on the 31st day of December, 1998. -------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 4 [ama3-96] 6. RENTALS, FEES AND CHARGES: A. subject to additions or credits hereinafter provided, the LESSEE agrees to pay AUBURN the sum of $776.00 plus Washington State Leasehold Tax. LESSEE agrees to install a minimum of two (2) new hangar doors, which doors and method of installation are to be specifications approved by the Airport Manager as well as Public Works prior to installation. Upon installation and approval of the installation by the Airport Manager then LESSEE may reduce the monthly rental amount to amortize out the cost, not to exceed .$2500 per hangar door, equally over the months of lease payments due before December 31, 1998. In the event LESSEE installs a third hangar door the lease amount shall be reduced $2500 by equal amortization over the 12 months following the approval by the Airport Manager of the installation of the third door. LESSOR will grant approval with any condition to comply with codes within 30 days of receipt of design and LESSOR agrees not to substantially change design. --------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 5 [ama3-96] f ~ ~ 3 7. OPTION TO RENEW: A. If this Lease shall be in force and effect on the date of expiration of the original terms, and the LESSEE on the date of notice shall have fully complied with the terms and conditions of this Lease, it is agreed that LESSEE shall have the option to renew ten (10) additional one (1) year periods. B. It is agreed that if the LESSEE elects to exercise its option to renew this lease for the additional one (1) year period, that the rental rate shall be adjusted for this period. The new monthly rental rate will be determined by taking the percentage of increase or decrease in the Consumer Price Index (CPI), of the Department of Labor, for the Seattle-Tacoma Metropolitan Statistical Area, times the average base monthly rental rate of the first year of $776.00. i.e .: CPI increases by 10%, the rental rate would increase by 100. The first adjustment to rent based on Consumer Price Index (CPI) shall occur after exercise of the first annual renewal, using a comparison of the ,March -------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 6 [ama3-96] r ~ 1998 CPI and the March 1999 CPI indicators. Washington State Leasehold Tax will then be applied to the base rate. C. LESSEE shall notify LESSOR in writing at least two (2) months in advance, their intent to exercise options. 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 relating thereto for the purposes of landings, take-offs and taxiing of LESSEE'S and LESSOR'S customers aircraft. All such use shall be in accordance with the laws of the United State of America, the State of Washington, and the rules and regulations promulgated by their authority with reference to aviation and air navigation, and in accordance with all reasonable and applicable rules, regulations and ordinances of the LESSOR now in force or hereafter prescribed or promulgated by ordinance or by law. --------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 7 [ama3-96] A. LESSOR agrees during the term of this lease to operate and maintain the airport and facilities as a public airport consistent with and pursuant to Federal Airport Act. B. The LESSEE shall keep the interior of the demised premises in good maintenance and repair, at his own expense. LESSEE may make interior alterations and additions at its own cost, subject to approval of LESSOR. The LESSEE shall replace all window glass and plate glass with the glass of same or similar quality whenever said glass is broken or destroyed. However, LESSEE has the right to remove glass for remodel. C. OWNERSHIP OF REPAIRS AND IMPROVEMENTS: LESSEE shall make such interior and exterior repairs, alterations or addition at his own costs and expense as LESSEE determines are required and such improvements shall, when made, be deemed to have attached to the freehold, but the LESSEE shall retain such property rights herein as may be attributable to the remaining terms of this lease. -------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 8 [ama3-96) ' e ~ I , ~ Signs, electrical equipment, store fixtures- and other removable trade fixtures shall not be deemed structural alterations, additions, improvements or interior 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 such removal, the LESSEE will not permit any damage to the premises. 9. MAINTENANCE AND REPAIRS: A. LESSOR shall keep the foundations, adjacent sidewalks, exterior walls, roof and downspouts, hangar doors installed by LESSEE, in good order. 10. CLEANLINESS AND WATER: LESSEE shall keep the demised premises and the walks thereto belonging at all times in a neat, clean and sanitary condition free from waste or debris and shall neither commit nor permit any waste thereon. 11. TAXES• A. LESSEE shall promptly pay and discharge, in addition to the rental herein before provided, all taxes or --------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 9 Lama3-96] T ~ ~ r charges which may be taxed, changed or imposed upon the leasehold premises, and all taxes which are or may be imposed upon the leasehold interest hereby created, as long as LESSEE, its successors or assigns shall occupy said premises. In the event LESSOR is required to pay same, LESSEE will reimburse LESSOR therefor. 12. PUBLIC LIABILITY INSURANCE AND AUTO INSURANCE: The LESSEE agrees to procure and maintain in force for the term of this lease public liability and property damage insurance (standard provisions) with a minimum coverage of One Million Dollars ($1,000,000) combined single limit, each occurrence. The policy shall also provide that the same shall not be cancelled until a 30-day written notice of cancellation has been served upon the LESSOR. LESSOR shall be named as an additional insured on such policy, and LESSEE will furnish written evidence of this coverage to LESSOR. -------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 10 [ama3-96] 13. HOLD HARMLESS• LESSEE shall save and hold the LESSOR and LESSOR's officers, employees and agents harmless from all damages of every kind and nature whatsoever that may be claimed or accrued by reason of any accident in or about the lease. premises or from the LESSEE'S use or occupation of the leased premises and areas adjacent thereto or caused by the acts or neglect of the LESSEE or any agent of LESSEE. In case LESSOR shall, without fault on its part, be made a party to any litigation related to any accident in or about the leased premises, LESSEE'S use or occupation of the leased premises or any act or omission of LESSEE or its agents commenced by or against LESSEE, then LESSEE shall protect and hold LESSOR harmless and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by LESSOR in connection with such litigation. All personal property kept on the leased premises shall be at the risk of LESSEE. --------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 11 [ama3-96] ~ t , ~ 14. RESERVATIONS TO LESSOR: Upon acceptance of the leased premises by LESSEE, the acceptance shall be subject to any and all existing easements or other encumbrances; and LESSOR shall have the right to install, lay, construct, maintain, repair and operate such sanitary sewers, drains, storm sewer lines, 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 purposes. 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, provided, however, that no right of the LESSOR provided for in this paragraph shall be so exercised as to -------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 12 [ama3-96] ~ , 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 (60) days 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. 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 proportion to the amount said interference bears to the total use of the demised premises, and rent shall be abatable if premises cannot be used for LESSEE purposes. 15. DUTIES OF THE LESSEE: A. Agree to pay for all public utilities which shall be used in or charged against- the premises, and to hold LESSOR harmless from such charges. LESSOR represents premises is separately metered, and has adequate service for --------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 13 [ama3-96] sewer, water and electricity to meet LESSEE'S intended use. LESSEE shall arrange and pay for all utility connections and distribution of such utilities within its leased premises, and hold LESSOR harmless from the cost thereof. B. LESSEE agrees at its 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 LESSEE to maintain the premises in a clean, neat and attractive condition. C. LESSEE agrees to furnish good and reasonably prompt service adequate to meet majority of requests for its services at the airport. D. LESSEE shall not erect, install or operate or cause or permit to be erected, installed or operated upon the premises herein any sign or other advertising device without first having obtained AUBURN's consent thereto to the size, construction, location and general appearance. -------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 14 [ama3-96] t AUBURN shall not unreasonably withhold 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 and to City zoning standards. E. In the conduct of its business at Auburn Airport, the LESSEE, its employees, agents and servants shall obey all applicable 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 by Airport Manager to do so, the LESSOR may remove the hazard and charge the costs of removal thereof to the LESSEE. LESSEE shall not store any hazardous materials on the premises. --------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 15 [ama3-96] 16. ASSIGNMENT• LESSEE shall not assign this Lease or sublease the premises without the prior written approval of LESSOR, however, LESSEE may sublease part of the premises provided sublessee or LESSEE shall maintain the liability insurance described in Section 2 of the Lease LESSEE may rent the tie down and hangar space and arrange or provide flight instruction at the premises. 17. RIGHT 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. 18. 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 appurtenances, provided that such rules and regulations shall not be inconsistent with safety and with rules and regulations and ordinances of the Federal -------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 16 [ama3-96] Aviation Administration with aircraft operations at the Airport 19. LESSOR'S RIGHT OR 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 pursuant to such proceedings, of if a Court shall take jurisdiction of the LESSEE and its assets pursuant to proceedings brought under the provision for reorganization under the Bankruptcy Act, or if 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.. --------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 17 [ama3-96] a B. If the LESSEE shall abandon or discontinue for thirty (30) consecutive days the conduct and operation of said facility. 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 charges and such default continues for ten (10) days after LESSOR 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 contingency in this sub-paragraph, the LESSEE shall be given written notice to correct or cure such default, failure to perform or breach, if any, within thirty (30) days from the date of such notice, the default, breach or complaint shall not have been corrected, or if correction takes longer than 30 days it shall be commenced and diligently prosecuted in a manner satisfactory to the LESSOR then, and in such event, the -------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 18 [ama3-96] LESSOR shall have the right, at once, to declare this contract terminated. 20. 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 jurisdiction of an injunction which in any way prevents or restricts the use of the Airport and the injunction or restriction remains in force for at lease thirty (30) days. C. The breach by the LESSOR of any of the covenants, 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 (60) days after written notice from the LESSEE of the existence of the breach. --------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 19 [ama3-96] D. The assumption by the Federal Government or any other governmental agency of the control of the Airport or any portion thereof in a manner which would preclude the LESSEE from operating under the terms of this Lease which would substantially restrict its operation under the terms of this Lease. E. The inability of LESSEE to use premises due to occupation or disruption of the airport by war, invasion, terrorist activities, acts of God, or other unanticipated cause. 21. NOTICE• All notices given or to be given to 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 address as the parties may be written notice hereafter designate. Notices and payments to LESSOR and notices to LESSEE shall be addressed as follows: -------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 20 [ama3-96] LESSOR LESSEE CITY OF AUBURN TAS ENTERPRISES, L.L.C. P.O. BOX 5527 ATTN: ALAN TURNIDGE 25 West Main St. P.O. BOX 5527 Auburn, WA 98001 Bellevue, WA 98006 ATTENTION: Airport Manager Planning & Community Development Director City Attorney 22. AMENDMENTS TO BE IN WRITING: This Lease sets forth all of the agreements and understandings of the parties and is not subject to modification except in writing signed by both parties. 23. SUCCESSORS IN INTEREST: The covenants herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, administrators, executors and of all the parties hereto shall be jointly and severally liable hereunder. 24. WAIVER• The acceptance of rental, or any other payment by the LESSOR for any period or periods after a default by the --------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 21 [ama3-96] i 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 any legal action under the provisions of this Agreement. 25. DESTRUCTION OF THE PREMISES: In the event that during this lease term, there is any destruction of the premises either whole or partial due to fire, earthquake, acts of enemy, the elements, casualties, latent or patent defects in the construction of the premises or any other similar matter, so that the LESSEE cannot fully enjoy the premises, improvements and equipment thereon, and the results shall render the premises, improvements and equipment thereon, and the results shall render the premises untenantable, the LESSOR shall have the right to render said premises tenantable by repaired within -------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 22 [ama3-96] ~ t 60 days therefrom. If said premises are not rendered tenantable within said period, it shall be optional with either party to declare in writing the cancellation of this Lease and the obligations of the LESSEE to pay rent thereafter and his rights to possession shall at once cease. During any period the premises are in part or in total untenantable, the rent shall be proportionately abated. 26. DEFAULTS• If after default under the terms of this Lease by either party, the non-defaulting 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 fee if an accountant is necessary for the determination of any sums or damages due under the provisions of this Lease. 27. ADDITIONAL OBLIGATIONS ASSUMED BY LESSEE TO EXTENT REQUIRED BY FEDERAL GOVERNMENT ON CONTRACT WITH FEDERAL GOVERNMENT: --------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 23 [ama3-96] A. LESSEE agrees to operate the premises leased for the use and benefit of the public; and (i) To furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof, and (ii) To charge for, reasonable, and not unjustly discriminatory 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 reduction to volume purchasers. B. The LESSEE, for himself, his 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 (i) No persons on the grounds of race, color, creed, handicap, martial status, -------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 24 [ama3-96] age, ethnic or national origin, or presence of non-job related physical, sensory or mental handicaps shall be excluded from participation in, denied the benefit of, or be otherwise subjected to discrimination in the use of said facilities, (ii) That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, creed, handicap, marital status, age, ethnic or national origin, or presence of non-job related physical, sensory or mental handicaps shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, --------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 25 [ama3-96] ~ < 9 (iii) That the LESSEE shall use the premises in compliance with all other requirements imposed by 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 preceding non-discrimination covenants, after notice provided, Section 19.D., and a failure of LESSEE to cure, LESSOR shall have the right to terminate the LESSEE and/or Business License granted herein and to re-enter and repossess said premises and possess the same as if said Lease had never been made or issued. D. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right, forbidden by Section 308 -------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 26 (ama3-96] .~ ' ~ ~ ~ of the Federal Aviation Act of 1958 or for aeronautical activities as described in Paragraph 3 of said Agreement. E. This Lease shall be subordinate to the provisions of any existing or future Agreement between LESSOR and the United States, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds for the development of the Airport. DATED this -~~~-~- day of 1996. CITY OF AUBURN C ~- - ~~ CHARLES A. BOOTH MAYOR ATTEST: ~~.~~~~~~~s~ Robin Wohlhueter, City Clerk P ROVED S TO FORM: Michael J. Reynolds, City Attorney --------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 27 [ama3-96] TAS ENTERPRISES, L.L.C. __---- AL RN GE Manager STATE OF WASHINGTON ) ss COUNTY OF KING ) On this day of 1996, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared ALAN TURNIDGE, Manager of TAS ENTERPRISES, L.L.C., who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said business for the uses and purposes therein mentioned, and on oath stated he is authorized to execute said instrument on behalf of said business. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth. NOTARY PUBLIC in and for the State of Washington, residing in MY COMMISSION expires: -------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 28 [ama3-96] GUARANTEE: ALAN TURNIDGE and LOUISE TURNIDGE, as their separate and marital community, hereby agree to guarantee the payment and performance of TAS ENTERPRISES, L.L.C. to the foregoing Assignment of Lease and the Lease Agreement referred by it. This guarantee is continuing, may not be canceled so long as TAS ENTERPRISES, L.L.C. is a Lessee under the Lease or Assignment, and ALAN TURNIDGE and LOUISE TURNIDGE agree to waive any separate notice or surety defense, provided that proper notices have been given to TAS ENTERPRISES, L.L.C. BY. AL TURNIDGE ~.,_ BY : 'C LOUIS T NID --------------------------------- Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 29 [ama3-96] STATE OF WASHINGTON ) ss COUNTY OF KING ) On this ,~l~L! ~ day of ~ 1996, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared ALAN TURNIDGE and LOUISE TURNIDGE, his wife, who executed the within and foregoing instrument, and acknowledged said instrument to be their free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth. Ko-twz~~'i G ~f~E! r~~,L NOTARY PUBLIC in and for the gate _,_ - ~ of Washington, residing in ~~~~. MY COMMISSION expires: -~~ ~ - - - _ - i j Resolution No. 2743 Exhibit "A" Auburn Municipal Airport Lease City/TAS May 31, 1996 Page 30 [ama3-96] r . EXHIBIT "A" i ~., , Authorized by Resolution No. 27 43 . LEGAL DESCRIPTION That Portion of Hangar #H-2 for TAS ENTERPRISES, L.L.C. That portion of the J. Brannan D.L.C. #38 situate in Section 7, Twp 21, Range 5 East in the City of Auburn, County of King, State of Washington, described as follows: Beginning at the NE cor of J.A. Lake DLC #41; thence S 0-52-25 W along Easterly boundary of said J.A. Lake DLC #41, 2309.89 feet; thence N 88-49-52 West, 430.01 feet; thence S 0-52-25 W, 507.41+ feet; thence N 89-07-35 W, 35.91 feet to the TPOB, said TPOB being the NE corner of Hangar #H-2; thence N 89-07-35 W along the north side of said hangar, 97.5 feet; thence S 0-52-25 W, 16.0 feet; thence S 89-07-35 E, 12.0 feet; thence S 0-52-25 W, 16.0 feet to the South side of said Hangar #H-2; thence S 89-07-35 E along the south side of said hangar, 85.5 feet to the SE corner of said hangar; thence N 0-52-25 E along east side of said hangar #H-2 to the TPOB. TOGETHFRWITH: Begin at the above-described SE corner of Hangar #H-2; th S 89-07-35 E to the W ROW In of "E" Street N.E.; th Nly alg sd W ROW In 92.00 ft; th N 89-07-35 W tap bearing N 00-52-25 E, 92.00 ft from the POB; th S 00-52-25 W 92.00 ft to the POB. TOGETHERWITH: The exclusive right to the use of the two tie-down spaces situate just north of the above-described shop area, said tie-down spaces are designated as Space "A" and Space "B". --------------------- Resolution No. 2743 Exhibit "A" 1t~ A) ~ ~ ~ LEGAL DESCRIPTION FOR AIRPORT LEASE HANGER AND TIE DOWN AREA NEAR 22nd AND "E" NE THAT PORTION OF THE NORTH HALF OF THE JOSEPH BRANNAN DONATION LAND CLAIM No. 38 IN SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, WM., SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE EXISTING MONUMENT AT THE CENTERLINES OF 22nd STREET NE AND "E" STREET NE; THENCE NORTH 00-39-41 EAST ALONG THE CENTERLINE OF SAID "E" STREET NE, 34.26 FEET; THENCE NORTH 89-25-34 WEST, 55.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89-25-34 WEST, 198.76 FEET; THENCE SOUTH 38-41-11 WEST, 51.68 FEET; THENCE SOUTH 89-25-34 EAST, 85.38 FEET; THENCE SOUTH 00-39-41 WEST, 89.32 FEET; THENCE SOUTH 89-38-39 EAST, 105.37 FEET; THENCE NORTH 00-35-44 EAST, 68.78 FEET; THENCE NORTH 89-02-26 WEST, 15.86 FEET; THENCE NORTH 01-29-27 EAST, 60.62 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 15541 SQUARE FEET MORE OR LESS. TOGETHER WITH: BEGINNING AT THE ABOVE DESCRIBED EXISTING MONUMENT; THENCE SOUTH 00-39-41 WEST ALONG THE CENTERLINE OF "E" STREET NE, 95.09 FEET; THENCE NORTH 89-47-32 WEST, 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89-47-32 WEST, 98.22 FEET; THENCE SOUTH 00-12-28 WEST 15.65 FEET; THENCE SOUTH 89-47-32 EAST, 12.30 FEET; THENCE SOUTH 00-12-28 WEST, 16.00 FEET; THENCE SOUTH 89-38-39 EAST, 85.93 FEET; THENCE NORTH 00-12-28 EAST, 31.87 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2921 SQUARE FEET MORE OR LESS. -------------------------------- Resolution No. 2743 Exhibit "B"