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RESOLUTION N0. 8 6 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN, TO EXECUTE A
LEASE AND AGREEMENT BETWEEN THE CITY OF AUBURN AND SKY
SERVICES, INC.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AT A REGULAR MEETING
DULY ASSEMBLED, HEREWITH RESOLVES:
THAT the Mayor and City Clerk of the City of Auburn, are hereby authorized
to execute a Lease and Agreement between the City of Auburn and Sky Services,
Inc. , for certain property located at the Auburn Municipal Airport. That a
copy of said Lease is attached hereto, denominated as Exhibit "A-1 " and made
a part hereof as though set forth in full herein.
DATED and SIGNED this 21st day of february, 1978.
CITY OF AUBURN
.
ATTEST:
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// /B-�!'
ity Clerk
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Resolution No. 866
2-21-78
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FIXED-BASE LEASE AT AUBURN AIRPORT
THIS LEASE AND AGREEMENT made and entered into this 2�th day of
Fe6ruary 197:8;; by and between the CITY OF AUBURN, acting through the
Auburn City Council , its governing board, acting on behalf of the City
and with authority to act on behalf of the City to enter into this
lease and agreement (hereafter referred to as ^Auburn°� and SKY SERVICES�
INC. � a corporation, hereinafter referred to as °Lessee°;
W I T N E S S E T H :
1. Recitals.
(a� Auburn owns and operates the Auburn Airport located in
King County, Washington, hereinafter called the Airport.
(b� The Lessee desires to lease certain premises, facilities,
rights, services and privileges on the Airport for the purpose of
conducting a fixed-base operation there, and Auburn is willing to
lease the same to the lessee upon the terms and conditions here-
after stated in this agreement.
(c� As a conditon precedent to this lease, Lessee shall con-
struct a building in accordance with the plans and specifications
attached hereto as Exh.ibit °B°.
NOW, THEREFORE� in consideration of the mutual covenants and
agreements hereiri contained, Auburn and Lessee agree as follows:
2. Description of Premises.
Auburn hereby leases to Lessee the following described property
located on the Auburn Airport, King County, Washington, more partic-
ularly described in the legal description attached hereto as Exhibit
°A° which is incorporated into this lease by reference as if fully set
forth herein .
3. Use of the Premises.
The• Les'see will �use the premises for conducting a fixed-base
aircraft operation, maintenance and repair and for no other purpose.
The fixed-base operation may include any or all of the following uses:
(a) The maintenance, construction, repair and salvage of
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aircraft engines� air frames, avionics and accessories, together
with all ancillary services required thereunder;
(b� Sale of new and used aircraft (both retail and wholesale� ;
(c) Sale of aircraft parts and accessories (retail and
wholesale� ;
(d� Sale of new and used radios and all other electronic
equipment including •aircraft instruments;
(e� Sale of navigational and airmen�s supplies and accessories;
(f� Flight dperations, including flight training, demon-
stration of aircraft for sale, charter and air taxi ;
(g� Towing of disabled aircraft;
(h� Financing, leasing and insuring of aircraft;
( i � Loading and unloading of aircraft in any lawful business;
(j) The installation of a vending equipment and/or coffee
bar with the purpose of serving Lessee�s employees and customers;
(k� Rent-a-car service upon payment to Lessor of additional
rental or fees based upon a rate equal to those paid by other car
rental agencies operating on similarly situated airports within
the State of Washington .
The Lessee agrees to furnish these services on a fair, equal and not
unjustly discriminatory basis to all users thereof.
4. Term of Lease .
The initial term of this lease shall be for a period of forty
(40� years, commencing on the lst day of June � 197$ and
terminating on the 31st day of Ma•Y ,. 2018 .
$. Rentals, Fees and Charcaes.
Subject to renegotiation, additions or credits as herein-
after provided, the Lessee agrees to pay Auburn for the use of the prem-
ises, facilities, rights� licenses, services and privileges granted
herein, the following rentals, fees and charges all payable in monthly
installments in advance, on or before the 20th of each month.
(a� (No rental to be due lessor by Lessee for the" first six
months of the lease term.�
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(b) $421 .40 for the second six months of the tease term;
(c) $561 .88 for the second year of the lease term;
(d) $632.10 for the thTrd year of the lease term;
(e) $702.35 for the remainder of the lease term> subject to any
rental rate adjustments which may be made at the expiration of each
five-year period of the lease term, as provided in Paragraph Six of
this Agreement.
6. Rental Rate and Rate Adjustment.
The rental rate set forth in Paragraph Five is subject to adjustment
at the end of each five-year period of the lease term. For any such adjustment
of rental , the rental rate shall be determined in the following manner:
(a) Six months before each five-year renegotiation date of the lease
term, the Lessee and Lessor shall determine the appraised value of the
property of the leased land herein. The rental thereafter shall be at
the rate of ten percent (10%) per annum of the appraised value of said
land. The appraised shall be only on the land and shall exclude the
building improvements. ,
If agreement is not reached within ninety (90) days before the renegotiation
date, the parties shall mutually agree on an arbitrator to fix the forthcoming
rental ; and if the parties are unable to agree upon an arbitrator, they shall
apply to the Superior Court for King County and request the presiding Judge of
that Court to appoint an arbitrator to fix the rental .
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(a) Within fifteen (15) days after the arbitrator has been
selected, both the Lessor and Lessee will submit to the arbitrator
their proposals for the renegotiated rent taking due account of
the factors set forth for ,adjusting the rent. The arbitrator will
analyze said proposals and conduct such investigation, interviews
and discussions witR or without the parties as he feels necessary.
(b) At a time not to exceed fifteen (15) days after the
submission of the written proposals of the Lessor and Lessee,
the respective parties may have representatives appear and argue
such matters regarding the renegotiation as the parties deem fit.
Within five (5) days after such time the arbitrator shall make a
final written determination of the forthcoming rental rate which
shall be final and binding on all parties .
(c) Lessor and Lessee shall equally share the costs of the
arbitrator' s fees .
7. Rates, Rentals and Other Char�es .
Lessee shall furnish the Lessor with a complete schedule of
all prices charged by the Lessee for each service or unit charged to
the general public. Lessee agrees to charge fair, reasonable and not
unjustly discriminatory prices for each unit or service.
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 and Lessee' s tenants and
customers aircraft. All such use shall be in accordance with the laws
of the United States of America, the State of Washington, and the rules
and regulations promulgated by their authority with reference to aviation
and air navagation, and in accordance with all reasonable and applicable
rules, regulations and ordinances of the Lessor now in force or here-
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after prescribed or promulgated by ordinance or by law.
(a� Lessor agrees during the term of this lease to operate
and maintain the airport and its public airport facilities as a
public airport consistent with an pursuant to sponsor's assur-
ances given by Lessor to the United States Government under the
Federal Airport Act.
9 . Maintenance and Reoairs.
(a� Exterior and Interior Repairs: Lessee shall keep the
foundations, adjacent sidewalks, exterior walls, roof and down-
spouts in good order and repair . In addition, Lessee shall make
�
structural repairs including (but not limited to� repa�iFS to
internor walls, floors, wiring, plumbing, heating plant, air
conditioning equipment and flues and chimneys. If Lessee shall
refuse or neglect 'to commence or complete repairs to the exterior
or interior of �the buildings constructed by it on the leased
premises, either promptly or adequately, Lessor may, but shall
not be requ`ired to� commence or complete the repairs and Lessee
shall pay�the costs thereof to Lessor on demand.
(b� � Maintenance: The Lessee shall keep the interior o�F
the demised premises in good repair� at his own expense, subject
to approval of Lessor . Lessee may make interior alterations and
additions at its own cost, subject to approval of the 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.
(c� Ownership of Repairs and Improvements: Lessee shall
make such interior and exterior repairs, alterations or additions
at his own cost and expense 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. Signs, electrical equipment,
store fixtures and other removable trade fixtures shall not be
deemed structural alterations, additions� improvements or interior
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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 upon such
removal , the Lessee will not permit any damage to the premises
10. Cleanliness and Waste.
Lessee shall keep the demised premises and the walks
thereto belonging at all times in a neat, clean and sanitary condition
free from snow, ice, waste or debris and shall neither commit nor
permit any waste thereon.
II . Personal Proaertv Taxes.
' Lessee shall pay promptly when due all ta�es assessed
and levied against its fixture, furnishings, equipment and stock in
trade during the term hereof unless such assessment and levy are
being protested according' to law.
12. Proaertv insurance and Waiver of Subro4ation.
Neither tke Lessor nor the Lessee shall be liable to
the other for loss arising out of damage or destruction of the leased
premises or the contents thereof when such loss is caused by any of
the perils included in the standard form of fire and� extended coverage
insurance, and sprinkler leakage insurance coverage, if the premises
are sprinkled. Such absence of liability shall exist whether or not
the damage or destruction is caused by the negligence of either Lessor
or Lessee or. their respective agents, servants or employees. It is
the intention and agreement of the Lessor and the Lessee that the
rentals reserved by this lease have been provided in contemplation
that Lessee shall . carry the foregoing insurance protection at its own
expense and Lessee shall look to its insurance carrier for reimbursment
of any such loss and further that the insurance carrier or carriers
involved shall not subrogate against either party to this agreement.
13. Public Liabilitv Insurance,
The Lessee agrees to procure and maintain in force
for the term of this lease public liability and property damage insur-
a�ce with a minimum coverage of One Million Dollars ($I ,000,000.00�
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combined single limit, each occurrence. The policy shall also provide
that the same shall not be cancelled until a ten-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 writ-
ten evidence of this coverage to Lessor. The limits of liability in-
surance coverage herein shall be reviewed, negotiated and modified
during each five-year (5) renegotiation period of the lease and if no
agreement is reached on said limits, arbitration as set forth herein
shall be used to settle the issue.
14. Hold Harmless.
Lessee shall indemnify and save harmless the Lessor, its
officers, agents and employees from and against all claims, demands,
loss or liability which Lessor, its officers, agents and employees
may sustain or incur or which may be imposed upon them or .any of :them
for injury to or death of persons, or damage to property arising out
of or connected with any negligence or lack of care of the Lessee, its
officers, agents or employees in use of the demised premises including
the Auburn Airport and its facilities .
15. Reservations to Lessor.
Upon acceptance of the leased premises by Lessee, the ac-
ceptance shall be subject to any and all existing easements or other
encumbrances; and Lessor shall have the right to install, lay, con-
struct, maintain, repair and operate such sanitary sewers, drains,
storm water sewers, 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 pur-
poses . 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, pro-
SCNNEIDER.SMYTNE.SALLEY&VAN SICLEN
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vided, however, that no right of the Lessor provided for in this
Paragraph shall be so exercised as to 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 days (60)
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.
Lessor agrees that it will cause the surface of the demised
premises to be restored to its additional condition upon the com-
pletion of any construction. 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 a
proportion to the amount said interference bears to the total use
of the demised premises .
16. Water Facilities .
Lessor shall provide to the property site adequate water
facilities . Any requirement for streets, curbs , sidewalks and sewers
will be furnished by the Lessor. Lessee shall be responsible for the
installation and maintenance of its own septic tank facilities .
17. Duties of the Lessee.
(a) Lessee shall be solely responsible for all costs
or charges for utilities furnished to or required by Lessee ,
during the term of this agreement.
(b) Lessee agrees at its own 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
orderly condition and to do such interior repainting as is
necessary to keep the premises in a clean, neat and attrac-
tive condition.
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(c) Lessee agrees to furnish good, prompt and
efficient service adequate to meet all reasonable de-
mands for its services at the airport. The Lessee
shall reveal upon the request of Auburn its general
schedule of rates , fees and rentals or other charges
for services it may render under this lease. Lessor
shall have the right to inspect Lessee's books and
records for the purposes of verifying such charges.
(d) Lessee shall not erect, install or operate
or cuase or permit to be erected, installed or opera-
ted upon the premises herein any sign or other adver-
tising device without first having obtained Auburn' s
consent thereto to the size, construction, location
and general appearance. Auburn shall not unreasonably
with hold 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 co�ercial practice.
(e) In the conduct of its business at Auburn Air-
port 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 pr.emises . Should
Lessee fail to remove or abate a fire hazard after direction
to do so , the Lessor may remove the hazard and charge the
costs of removal thereof to the Lessee.
18. Assignment.
Lessee shall not assign this lease or sublease any part of
the premises without the prior written approval of Lessor. Such ap-
proval shall not be unreasonably withhold and shall be acted upon
SCMNEIDER.SMYTHE. SALLEY 8�VAN SiCLEN
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expeditiously by Lessor.
19. 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 .
20. 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 appur-
tenances , provided that such rules and regulations shall not be incon-
sistent with safety and with rules and regulations and ordinances of
the Federal Aviation Administration with aircraft operations at the
airport.
21. Lessor' s Right of 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 pur-
suant to such proceedings, or if a Court shall take juris-
diction of the Lessee and its assets pursuant to proceedings
brought under the provision for reorganization under the
Bankruptcy Act, or if a 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.
(b) If the Lessee shall abandon or discontinue for
thirty (30) consecutive days the conduct and operation of
said fixed base operation.
(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 default continues for ten days (10) after Lessor
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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 con-
tingency recited in this subparagraph, the Lessee
shall be given written notice to correct or cure such
default, failure to perform or breach, and if, within
thirty days (30) from the date of such notice, the
default, breach or complaint shall have not been cor-
rected in a manner satisfactory to the Lessor then, and
in such event, the Lessor shall have the right, at once,
to declare this contract terminated.
22. 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 jurisdic-
tion of an injunction which in any way prevents or re-
stricts the use of the airport and the injunction or
restriction remains in force for at least thirty (30)
days.
(c) The breach by the Lessor of any of the cove-
nants , 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 days (60) after
written notice from the Lessee of the existence of the
breach.
(d) The assumption by the Federal Governatent or any
other governmental agency of the control of the airport or
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any portian thereof in a manner which would preclude
the Lessee from operating under the terms of this lease
or which would substantially restrict its operation
under the terms of this lease. If such an event should
occur, an adjustment shall be paid to Lessee to fairly
compensate Lessee for its investment costs incurred in
the construction of its building. If the parties
hereto cannot agree upon a fair compensation, the matter
shall be arbitrated with the arbitration method being
established as set forth in Paragraph 32 hereinbelow.
(e) If the Lessor should develop, change or alter
the development of the airport in such manner that would
substantially preclude, prevent or hinder the Lessee
from operation under the .terms of this lease. If the
lease should be terminated either under this section or
the previous section, permitting termination by the
Lessor in the event of governmental restriction, or sub-
stantial interference,- and thereafter the site should
become available, or a similar site should become avail-
able, the Lessee shall have the right to lease the site
on the same terms and conditions as contained in this
lease, or, if the same site is unavailable in its pre-
vious condition, alternatively on the same terms and
conditions as offered to any prospective Lessee. This
right shall be effective only if the Lessee has faith-
fully performed all of the terms and conditions of this
lease and if land and premises are available at the
Auburn Airport for development.
23. Holding Over.
In the event Lessee shall hold over after the first term
herein created, then such holding over shall be a tenancy from mnnth
to month only and governed by the same conditions and covenants as
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contained in this lease.
24. Notices .
All notices given or to be given by 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 other address as the
parties may by written notice hereafter designated. Notices and
payments to Lessor and notices to Lessee shall be addressed as
follows :
Lessor Lessee
City of Auburn Sky Services, Inc.
20 "A" Street Northwest 400-23rd Northeast
Auburn, Washington 98002 Auburn, Washington 98002
25. Amendments to be in Writing.
This lease sets forth all of the agreements and under-
standings of the parties and is not subject to modification except
in writing signed by both parties .
26. Successors in Interest.
The covenants herein contained shall, subject to the pro-
visions as to assignment, apply to and bind the heirs , successors,
administrators, executors and assigns of all the parties hereto; and
a11 of the parties hereto shall be jointly and severally liable here-
under.
27 . Waiver. The acceptance of rental, landing fees or any other
payment by the Lessor for any period or periods after a default by the
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 co�encement of any legal action under the pro-
visions of this agreement.
28 . Destruction of the Premises .
In the event there is any destruction of the premises either
, SCHNEIDER.SMYTHE. SALLEY &VAN SICLEN
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whole or partial due to fire, earthquake, acts of enemy, the elements,
casvalties , lateat or patent defects in the construction of the prem-
ises or any other similar matter beyond the reasonable contraol of the
parties so that the Lessee cannot fully enjoy the premises , improve-
ments and equipment thereon, and Lessee shall notify the Lessor to
that effect, the rental payable hereunder shall be equitably abated
from the date of such notification until such time as the Lessee shall
repair and restore said premises, inprovements and equipment to a
suitable condition. Lessee shall make restoration of the leased prem-
ises within 150 days of its damage or destruction.
29 . 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 accountant fee if such accountant is
necessary for the determination of any sums or damages due under the
provisions of this lease.
30. Ownership Reversion.
Subject to Paragraph 18, and subject to the right of
Lessee' s building finance institution to assume the Lessee' s rights
and obligations herein in the event of Lessee' s default to said
finance institution. At any time this lease shall terminate, the
building, alterations and additions shall become the sole property
of Lessor and the freehold interest of said structure shall be vested,
in fee simple, in the Lessor.
31. Option to Renew.
(a) If this lease shall be in force and effect on
the date of expiration of the original term, and the .
Lessee on that date shall have fully complied with the
terms and conditions of this lease, Lessee may elect
to renew for an additional thirty years (30) beginning
with the expiration of the original term. To exercise
SCHNEIDER.SMYTME.SALLEY&VAN SICLEN
A77'ORNEYB AT LAW
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AUBURN. WASXIN6TON 98002
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this option, the Less•ee shall give the Lessor at least
one year ' s (1) advance notice in writing.
(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, except the rental to be paid therein,
which rental shall be agreed upon by the parties at the
time of the exercise of said lease extension. In the
event the parties are unable to agree upon the amount of
the rental to be paid for the extension of the lease term,
the same shall be fixed by an arbitration committee con-
sisting of three persons , one to be selected by the Lessor,
one to be selected by the Lessee, and the third to be
selected by the two persons selected by the Lessor and
Lessee. The decision of a majority of said arbitrators
shall be bi.nding upon Lessor and Lessee as the amount of
the rental for said lease term extension; provided, how-
ever, that the rental rate shall be subject to readjust-
ment at the expiration of each five-year period of the
extended lease term in the manner provided in Section Six
of this agreement. The arbitrators shall be appointed
not less than six months of the commencement of the lease
term extension and shall submit their rental termination
findings to the parties hereto not less than three months
prior to the co�encement of the extension of the lease
term.
32. Additional Obligations Assumed by Lessee.
(a) Les�ee 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 user thereof, and
BCNNEIDER.SMYTNE. SALLEY&VAN SICL6N
ATMitN6Y9 AT LAW
II9 IM1aR BiNQT NORMeAer
AUB,UAN. WA8}71liCJ(ON 98004
. TCLi/MOxL 688�1880
.' 889•2680
-15
. : , ' ; . 1 � .� ' .s '
. •� .
(ii) To charge for, reasonable, and not unjustly dis-
criminatory 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 reductions
to volume purchasers.
(b) The Lessee, for himself, is personal representatives,
successors in interest, and assigns, as a part of the consideration
hereof, does hereby covena�t and agree, as a covenant running with
the land, that (1) No person on the grounds of race, color, or
national origin shall be excluded from participation in, denied
the benefits of, or be otherwise subjected to discrimination in
the use of said facilities, (2) 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, or national
origin shall be excluded from participation in, denied the benefits
of, or otherwise be subjected to discrimination, (3) That the Lessee
shall use the premises in compliance with a11 other requirements
imposed by her persuant to 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 preceeding non-discrim-
ination covenants, Lessor shall have the right to terminate the
License, Lease, Permit granted herein, and to re-enter and repossess
said land and the facilities thereon, and pull the same as if said
lease had never been made or issued.
DATED this �(.�(/ day of`Jf� , 1978.
C OF AUB/UR�N, WASHINGTON SKY SERVICES , INC.
V • 6�/ r!.��
r /]� ts resi ent
U �
�Executed by Sky Services this �
day of June, 1978. )
SCHNEIDER. SMYTHE. SALLEY&VAN SICLEN
A7TORN6V8 AT LAW
29 flasi STII¢CT Nomm¢�eT
AUBURN. WASXINGTON 98002
7a�xOt�s 893-fee0
899-2860
-I6-
, j. r . 1 � . � .
. •� .
33. Additional obligation of the Lessor.
The Airport shatl pay related costs to provide cutvert and fill
for the drainage ditch along the northern edge of the property.
DATED and SIGNED this 16th day of May , 797g,
CITY OF AUBURN
Y
ATTEST:
C���� U. //1C ���;��?2�,t��
City Cler
APPR VED AS TO FORM:
� 4��
City Attorney
The Lessee, SKY SERVICES, INC. , acknowled9es and approves the addition of
paragraph 33 to that certain Fixed-Base Lease at Auburn Airport Agreement at the
Auburn Airport, as authorized by Auburn City Resolution No. 866, dated February
21 , 1978.
s
DATED this � day of TUNE , �97g,
SKY SERVICES, INC.
��ff,ll�`/� �/���'22�
President
---------------------------------
pdditional obligation of Lessor
City of Auburn - Sky Services , Inc.
Page 17
}' ..' l � w , ,. V '
• " �
ATTEST:
�� � G�4ic-riy
City Cler
APPROVED AS TO FORM:
, u
Cit ttorney
STATE OF WASAINGTON )
) ss.
COUNTY OF KING )
On this el� day 'of ��,,,�r , 1978, before me personally
_�—
appeared �",d,.,�,,,,� ��_ .�,,.,��,�,,., � }y/�� , to me known to
be the }��� e� �,(/(/,s,� / of the corporation that executed the
within and foregoing instrument, 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 �he�
w.(J�,�.J authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year first above written.
�� . . ..� r�..�..r-�,�.,
�b���i`�-in an or t e tate
of Washington, residing at �nrn�f�
$CMNEIDBR. SMYTHE. 9ALLEY$VAN SICLEN
ATIDRN6Y8 AT LqW
2Y P�pBT BrpRT NoRrNGSs
11UBURN. WASNIN6MN 98002
T[talloNS 89a•1680
&18-2680
-�8-
• � . .,, . , _ .� � V '
„ ,
STATE OF WASHINGTON)
)ss
COUNTY OF KING )
On this �� day of , 1978, before me personally
appeared � , to me known to
be the of the corporation that executed—the within and
foregoing instrument, and acknowledgedthe said instrument to be the free and
voluntary act and deed for said corporation for the uses and purposes therein
mentioned, and on oath stated that he is authorized to execute said instru-
ment.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
�,���_ .
Notary ub ic in and for � St � e of
Washington, residing at _
Page 19 and Last
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, r� . " . EXHIBIT ��p�� . , , .,�;�::.
; _ . ,1=.
'�+°.
r T1�8t portion of the J. Brannan Donation Clatm No. 38 Situate in SeCtiOn 7,, � -"
� ' : ibanship ?1 North, Range 5 Sast, W.M. descr�bed as foZlo�.s: „x'_w`
tY�
k�� �� i �Beg�rm�[ag at the' nprtheast rnrner of ehe T. Brannan Dpneti.on C2aim 1Vo. 3Bj, r,,��'
� tbente N 88°49'S2° 1� 430.01 feet; thence S 0°52'25" W 13Z0.41 feet to the ���y�.
;�" : �' 4R'ae Po3t�t of Beginal'rig: thetiee eomtinuing S 0°52�T5" W 260.OD feet.` thenee ' '
� � N 88°53�43" W 530.00 feet; thp,Tlog N 0°52'25" E 260.00 feet; tlmrlCB S• B8°$3'43'! � `7� �t�.
�.' ' : ` . 8 530.00 feet to #.he True Point of Beglnning LESS the east 15 feet fo,r atreet,., � �';� �s=
,�,a,�,,, ; .; sttuete tn the City,of AuAurn, Ktng County. Washi.ngtart. ' .,�;!�;«
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FIRST RENTAL RATE AND RATE ADJUSTlffNT TO LEASE AT AUBURN AIRPORT
_ This First Rental Rate and Rate Ad3ustmeot Lease is made and entered irito
this ,3� day of I����C�.y . 198f by and between the City of Auburn,
—�---
a municipal corporation, organized under the optional municipal code,
hereinafter referred to as "Lessor" and Sky Services, Inc., a corporation,
hereinafter referred to as °Lessee".
YIHEREAS. Lessor and Lessee entered into a Lease Agreement dated February
. 27, 1978 including certain real property in the city of Auburn, King County,
Washington legally described in said lease as Exhibit °A and such legal
description incorporated by reference; and
– WHEREAS, pursuant to page Lhree, paragraph six of that lease the rental
rate is sub�ect to adjustment at the end of each five year period of the lease
term, and
WHEREAS, the Lessor has arrived at a rental rate to be established for the
next five year term, which rate was established by Lessor, the appraised value
:.
- of the land is 52.50 per square foot x 130,680 square feet, equalling
5326,700.00 x 5% per annum equalling E16,335.00 per annum for a monthly rate
of $1,361..25, which amount shail constitute $1,206.35 for rent and 5154.90 for
Washington State Leasehold Tax; and
WHEREAS, the parties have agreed at a method of adjusting the rental rate
to reflect the changes in the' economic environment in the following five
years.
_1_
,:. .
r .
- � � . � • . . . . .
Y. •
.r i , .
;
NOW, THEREFORE, BASEU.UPON MUTUAL COVENANTS TO BE DERIVEO, THE PARTIES
AGREE AS FOLLOWS:
, 1. That page two, paragraph five of that Lease Agareement between Lessor and
, Lessee entered into February 27, 1978 be amended to provide that on .the
date above written the amount of total compensation paid from Lessee to
Lessor shall be E1,361.25, which shall include the Washington State
Leasehold Tax.
2. That the amount referred to in paragraph one above shall be reviewed and ,
,. adjusted at the end of the second year and the fourth year from the date
written above by taking the percentage of increase or decrease in the
_ Consumer Price Index, of the Department ofi Labor, for the Seattle Tacoma
Metropolitan Statistical Area, times the base rental rate of ,$1,206:35.
i .e.: C.P.I. increase from 5,� to 6%, the rental rate would increase by
�.
3. All other terms and conditions of that Lease Agreement between Lessor and
Lessee of February 27, 1978 will r�nain in force and effect.
DATED this ,� day of , 19 .
' o
N
City of Auburn
ATTEST:
L 7
ora ee McConnehey
City Clerk
SKY SERVICES, INC. SKY SERVICES, INC.
� � .�/
� �,,le:- ' �!a �;- �,,-„ •
resident Secret
-2_
. ' ) . ' � � , ' '
STATE OP WASNINGTON) - -
) ss.
� COUNTY OF KING ) - � .
I, Coralce R�. McConnehey, the duly appointed, qualified. Ci�ty C1erk � �
nf the City of Auburn, a Municipal Cocporation and Code City, situate in
thc Coanty �of Kitty, St.�te of Wa.shinyton, do hereby certify that the fore-
- yoinq is a fu11, true and correct copy oF Resolut3on No. 866 enti�tled,
. : � "A RESOLUTI"ON OF THE CZTY COUNCIL OF THE� CITY OF AUBURN, WASHZNGTON, .
. � AU2710RIZING THE�MAYOR AND CITY CLERK OF THE �CZTY OF AUBURN, TD EXECUTE
. A LEASE. AND AGREEMENT BE2WEEN THE CITY OF A[JBURN AND SKY SERVICES, INC."
I fur.ther cert.ify that said Resnlution No. 866 was� duly passc:d
by thc Council and approved by the Mayor of thc said City of Auburn, on
the 2Z, day of £ebruai� ____, A.U. , 19 78 _-
� W71'NL'SS my hanr/ and the official sc.l] of L'hn C.ity of Auburn, th.is
19 day of April _:__ , A.D. , 19 78 .
-- ����ZiSd�� —
� � CITY CLERK OF THE CITY OF BURN