The URL can be used to link to this page

Home My WebLink About3562RESOLUTION NO. 3 5 6 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FIVE YEAR LEASE AGREEMENT WITH AUBURN FLIGHT SERVICE FROM APRIL 6, 2002 TO APRIL, 2007 WHEREAS, the City of Auburn is engaged in various municipal functions, including operation of its Auburn Municipal Airport; and WHEREAS, in order to provide for such services, it is appropriate that the City of Auburn and Auburn Flight Service execute a Five Year Lease Agreement; and WHEREAS, in order to provide for those services, the City has negotiated an update Agreement with Auburn Flight Service for such services, and the City has determined that Auburn Flight Service is able and qualified to provide the services necessary, at a cost that is acceptable to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor and the City Clerk are authorized to execute an agreement in substantial conformity with the Agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution 3562 January 2, 2003 Page 1 ] I Dated and Signed this 'Z.V-~- day of, )OA~3,)/(A, 2003. ATTEST: CITY OF AUBURN MAYOR City Clerk City Attorney Resolution 3562 December 30, 2002 Page 2 ADDENDUM TO THE AUBURN FLIGHT SERVICE LEASE AGREEMENT THIS ADDENDUM is made and entered into this day of , 200 ~.~ , by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "City"), and AUBURN FLIGItT SERVICE, whose address is 506 23rd Street, Auburn, Washington 98002, (hereinafter referred to as "Tenant") as an addendum to the Lease Agreement executed on the 22nd day of March, 1972, assigned to he Tenant by agreement dated the 12th day of April, 1982, authorized bY Resolution No. 1305, dated the 15th day of March, 1982, and amended by agreement authorized by Resolution No. 2205, dated the 17th day of June, 1991, and extended by agreement authorized by Resolution No. 2298, dated the 6th day of April, 1992, and amended by agreement authorized by Resolution No. 2348, dated the 2nd day of November, 1992, and amended by agreement author/zed by Resolution No. 2932, dated the 6th day of April, 1998. WlTNESSETH: WHEREAS, the City owns and operates the AUBURN MLrNICIPAL AIRPORT wittfin the city limits of Auburn, King County, Washington; and WHEREAS, the Tenant has a fixed-based operation there and has entered into a Lease Agreement with the City, and the parties have agreed on a five (5) year market adjustment for the compensation to be paid under the Lease Agreement, which periodic adjustment is provided for in the Lease Agreement; and WHEREAS, it is mutually beneficial to both panics hereto that this Lease Agreement Addendum be executed. NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the PARTIES HERETO HEREBY AGREE as follows: ITEM ONE REVISION TO LEASE AGREEMENT: That Section 5 of the Lease Agreement, along with any prior amendments thereto, is amended to read as follows: Rentals~ Fees and Charges. Subject to renegotiation, additions or credits and hereina~er provided, the Tenant agrees to pay the CITY for the use of the premises, facilities, rights, licenses, services and privileges granted herein, the following rentals, fees and charges all Resolution No. 3562 Addendum to Auburn Flight Service Lease Agreement February 19, 2003 Page 1 payable in monthly installments in advance, on or before the l0th of each month except that any tie down fees shall be for the preceding calendar month. In the event the grant of a particular right becomes effective or terminates any other date than the first of each month, the charge for such grant shall be prorated according to the number of days during which such grant was enjoyed. The rent so paid shall be all-inclusive. $2,418.75 per month (calculated at $10.75 per square foot times 2700 square feet), plus applicable leasehold taxes and security fees per City Codes, which rental rates, taxes and fees shall be computed using the above rental rates and current tax and fee rates, retroactive to and as of April 6, 2002. The balance owing, as of the date of execution of this Agreement (the difference between the mounts paid as rental since April 6, 2002 and the amounts due since April 6, 2002, with the new monthly rental rate) shall be paid contemporaneous with the execution of this Agreement. Thereafter, all current amounts shall be paid on the monthly due date set forth above. ITEM TWO REVISION TO LEASE AGREEMENT: That Section 6 of the Lease Agreement, along with any prior amendments thereto, is amended to read as follows: Rental Rate Adinstment. The above Rental Rate shall be adjusted effective October 6, 2004, based in the Consumer Price Index for Seattle, Tacoma, Bremerton, as determined by the City from statistics of the Bureau of Labor Statistics for the period of April 2002 through April 2004. The amount of any such adjustment shall be provided to the Tenant not less than thirty (30) days in advance of the effective date of the adjustment. ITEM TI-IKEE REVISION TO LEASE AGREEMENT: That the Lease Agreement is further amended to read as follows: Tenant Imnrovements and Offsets. The Tenant shall make and provide, at its sole expense, and shall maintain in good working order, the following improvements: Installation of a new roof on the Building which is subject of this Lease Agreement per the proposal and specifications, a copy of which is attached here to and incorporated in by this reference (which shall include a warranty of not less than ten [10] years), which improvements shall be completed not later than July 1, 2003. Installation of a new HVAC system for the Building which is subject of this Lease Agreement per the attached proposal and specifications, a copy of which is attached here to and incorporated in by this reference, which improvements shall be completed not later than July 1, 2003. Resolution No. 3562 Addendum to Auburn Flight Service Lease Agreement February 19, 2003 Page 2 The above improvements shall become property of the City at the conclusion of the Lease Agreement. In connection with the above improvements, all warranties and rights shall inure to the City upon termination or expiration of this Lease Agreement. The Tenant shall be authorized to deduct fi.om its monthly rental payments, as set forth below, its actual contract expenses in making the above improvements, per approval by the City's Planning Director, not to exceed the following amounts: New Roof- up to $19,000.00 New HVAC system - up to $15,000.00 The Tenant shall be responsible for paying not less than one-half of the monthly rental amount as provided for herein, applying up to the other one-half of the monthly rental amount toward the above improvement costs. The Tenant shall be responsible for providing to the City, at its request, accounting information and documentation regarding the costs of the improvements and the deductions provided for herein. ITEM FOUR REMAINING TERMS UNCHANGED: That all other provisions of the Lease Agreement executed on the 22nd day of March, 1972, assigned to he Tenant by agreement dated the 12th day of April, 1982, authorized by Resolution No. 1305, dated the 15th day of March, 1982, and amended by agreement authorized by Resolution No. 2205, dated the 17~ day of June, 1991, and extended by agreement authorized by Resolution No. 2298, dated the 6th day of April, 1992, and amended by agreement authorized by Resolution No. 2348, dated the 2nd day of November, 1992, and amended by agreement authorized by Resolution No. 2932, dated the 6th day of April, 1998, not in conflict with the amendments herein provided shall remain unchanged, and in full force and effect. II'q WITNESS WItEREOF the parties hereto have executed this Agreement as of the day and year first above written. Peter B. Lewis Mayor AUBURN FLIGHT SERVICE Jaffi'elle Garcia President Resolution No. 3562 Addendum to Auburn Flight Service Lease Agreement February 19, 2003 Page 3 ATTEST: Dan~elle Daskam City Clerk APP VED AS O FORM: kl~aiel B. Hel'd~ - - Auburn City Attorney Resolution No. 3562 Addendum to Auburn Fright Service Lease Agreement February 19, 2003 Page 4 · STATE OF WASHINGTON) ) ss COUNTY OF KING ) On this/ff~ day o~f/Q~.~..) ,2003, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared Jamelle Garcia, to me known to be the President of Auburn Flight Services, and acknowledged said instrument to be his free and voluntary act, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument on behalf of said Auburn Flight Services. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth. _-~--'-~_"x~xxx '*~ ~9~''.~o- 2 s '~..'i~(°j NOTARY PUBLIC in and~or the State of 'h~/~;~:~x~g--Washington, residingat [~ MY COMMISSION expires /d- ~ ff-a 3 Resolution No. 3562 Addendum to Auburn Flight Service Lease Agreement February 19, 2003 Page 5