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Home My WebLink About2738 1 2 RESOLUTION NO 2 7 3 8 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 4 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE 5 MASTER GROUND LEASE BETWEEN THE CITY OF AUBURN AND THE DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, 6 TO INCORPORATE CURRENT EXISTING LAND LEASE AGREEMENTS PROVIDING FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF 7 GOVERNMENT OWNED NAVIGATIONAL AID SYSTEMS AT THE AUBURN 8 MUNICIPAL AIRPORT 9 WHEREAS, the City and the Government have entered into 10 11 land lease agreements providing for the construction, 12 operation and maintenance of Government owned navigational aid 13 systems on the City' s land at the Auburn Municipal Airport; 14 and 15 WHEREAS, the parties now wish to incorporate the current 16 17 existing leases into one Master Ground Lease and provide a 16 mechanism for adding or deleting leased parcels to and from 19 the Master Lease as other navigational aid systems are 20 required at the airport or existing navigational aid systems 21 and decommissioned and removed 22 23 24 25 26 Resolution No 2738 June 10, 1996 Page 1 i 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 2 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 3 RESOLVES AS FOLLOWS 4 5 Section 1 . The Mayor and City Clerk of the City of 6 Auburn are hereby authorized to execute Master Ground Lease 7 No DTFA11-96-L-15971 between the City and Department of 8 Transportation, Federal Aviation Administration (FAA) , to 9 incorporate current existing land lease agreements providing 10 11 for the construction, operation and maintenance of Government 12 owned navigational aid systems at the Auburn Municipal 13 Airport A copy of said Lease is attached hereto, designated 14 as Exhibit "A" and incorporated by reference in this 15 Resolution 16 17 Section 2 . The following leases, attached as Exhibits 18 "B" and "C" between the City and FAA, are superseded by said 19 Master Ground Lease and shall expire upon the execution of 20 this document by the Government 21 22 Lease No DOT-FA79NW-1340 , authorized by 23 City of Auburn Resolution No 971, dated April 16 , 1979 ; and 24 25 26 Resolution No 2738 June 10, 1996 Page 2 1 Lease No DTFA11-86-L-00156, authorized by 2 City of Auburn Resolution No 1698, dated 3 July 7, 1986 4 5 Section 3 . The Mayor is hereby authorized to implement 6 such administrative procedures as may be necessary to carry 7 out the directives of this legislation $ DATED and SIGNED this f1 Iday of , 1996 9 // 10 CITY OF AUBURN 11 12 L 4Ka r{es N 13 CHARLES A BOOTH MAYOR 14 15 ATTEST 16 17 le ' r//C/a -1tat1e- vv 18 Robin Wohlhueter, City Clerk 19 20 APPROVED AS TO FORM 21 22 I /4A 23 Michael J Reynolds, 24 City Attorney 25 26 Resolution No 2738 June 10, 1996 Page 3 ORIGINAL DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION NORTHWEST MOUNTAIN REGION 1601 LIND AVENUE S.W RENTON, WASHINGTON 98055-4056 MASTER GROUND LEASE NO DTFA11-96-L-15971 BETWEEN THE CITY OF AUBURN AND THE UNITED STATES OF AMERICA THIS LEASE is made and entered into by the City of Auburn, P O Box 989 , Auburn, WA 98002, for itself, its successors and assigns, hereinafter referred to as the Lessor, and the United States of America, hereinafter referred to as the Government WHEREAS, in the past the Lessor and the Government have entered into land lease agreements providing for the construction, operation and maintenance of Government owned navigational aid systems on the Lessor' s land at the Auburn Municipal Airport; and; WHEREAS, the parties now wish to incorporate the current existing leases into one Master Ground Lease and provide a mechanism for adding or deleting leased parcels to and from the Master Lease as other navigational aid systems are required at the airport or existing navigational aid systems are decommissioned and removed NOW THEREFORE, the parties do hereby enter into this Master Ground Lease W I T N E S S E T H The parties hereto for the consideration hereinafter mentioned covenant and agree as follows 1 TERM AND DES : • ON OF LEASED P•EMISES • Beginning upon the effective date the lease, and continuing until such time as the Government terminates this lease, the Lessor hereby leases to the Government the following described property, hereinafter referred to as the "Leased Premises" viz Page 1 of 10 r Certain parcels of land at the auburn Municipal_Airport which are more particularly described in the "Exhibits" attached hereto and made a part hereof (a) Together with a right-of-way for ingress to and egress from the premises; a right-of-way for establishing and maintaining a pole line or pole lines for extending electrical power and/or telecommunication lines to the premises; and a right-of-way for subsurface power, communication and/or water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the Lessor, and unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government The Lessor shall have the right to review and approve plans covering access and utility rights-of-way as permitted under this paragraph Lessor ' s approval shall not be unreasonably withheld (b) And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of Government facilities The Lessor shall have the right to review and approve plans covering work permitted under this paragraph Lessor' s approval shall not be unreasonably withheld (c) And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the date of expiration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures, additions, structures, or signs The Lessor shall have the right to review and approve plans covering work permitted under this paragraph Lessor' s approval shall not be unreasonably withheld (d) And the right to park, without cost, all official and privately owned vehicles used for the maintenance and operation of the air navigational facilities Parking shall be provided adjacent to the facilities Page 2 of 1 0 Ai/0223 g 2 RUPERSEDED TEASES . The following leases between the parties hereto are superseded by this Master Ground Lease and shall expire upon the date of execution of this document by the Government The existing leased sites are incorporated into this Master Ground Lease under the exhibit number referenced below Associated restrictive easements and unique conditions of use, if any, relating to each individual navigational aid system are also set forth under the referenced exhibit, or have been incorporated into the Master Lease J'ease No. Navigational aid GSA Cont . Exhibit No. No. DOT-FA79NW-1340 VASI, R/W 16 53269 1 DTFA11-86-L-00156 VASI, R/W 34 53353 2 3 LEASE nR FXHTRIT C ANGES . Changes to the terms and conditions of the Master Lease shall be made by supplemental lease agreement and approved by both the Lessor and the Government Changes to the lease exhibits shall not require a supplemental lease agreement but will be accomplished instead by approval of the new, revised or deleted exhibit itself Exhibit changes must be approved by both the Lessor and the Government 4 PURPOSE. It is understood and agreed that the use of the herein described premises shall be directly related to the Government ' s activities in support of the operation of the Auburn Municipal Airport 5 C NSIT) RATION. The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in its establishment, operation, and maintenance of facilities upon the premises hereby leased Page 3 of 10 a /s 6 TITLE TO IMPROVEMENTS . Title to the improvements constructed for use by the Government during the term of this lease or any renewal thereof shall be in the name of the Government 7 TERMINATION. The Government may terminate this lease, in whole or in part, at any time by giving at least thirty (30) days notice in writing to the Lessor Said notice shall be sent by certified or registered mail 8 •ESTORATION. Upon termination of the Government ' s occupancy of the leased site (s) , the Lessor and the Government shall enter into an agreement, under mutually acceptable terms, whereby the Government may abandon in place any or all structures and equipment owned by the Government Such abandoned structures and equipment, at the option of the Lessor, shall become the property of the Lessor Notice of abandonment and conveyance of title by the Government to the Lessor shall be in writing, 60 days prior to conveyance of title In the event the Lessor does not accept such conveyance of title, the Government shall remove such abandoned structures and equipment and return the leased premises to their original condition 9 HAZARDOUS SUBSTANCE CONTAMINATION The Government agrees to remediate, at its sole cost, all hazardous substance contamination on the leased premises that is found to have occurred as a direct result of the installation, operation, and/or maintenance of the Government ' s facilities The Lessor agrees to remediate, at its sole cost, any and all other hazardous substance contamination found on the leased premises The Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the leased premises not directly attributable to the installation, operation and/or maintenance of the Government ' s facilities Page 4 of 10 10 INTERFERENCE WITH GOVERNMENT OPERATIONS . The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature on the site or adjoining land within the airport boundaries that may interfere with the proper operation of the facilities installed by the Government under the terms of this Lease unless consent hereto shall first be secured from the Government in writing Such consent shall not be unreasonably withheld by the Government 11 FUNDING RESPONSIBILITY FOR GOVERNMENT FA The Lessor agrees that any relocation, replacement, or modification of any existing or future Government facilities covered by this Lease during its term or any renewal thereof made necessary by airport improvements or changes which in the Government ' s opinion interfere with the technical and/or operational characteristics of the Government facilities will be at the expense of the Lessor, except when such improvements or changes are made at the written request of the Government In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Lessor or the Government, funding responsibility shall be determined by mutual agreement between the parties 12 CLAUSES IN OR O AT D BV R R N This lease incorporates the following Federal Acquisition Regulation (48 CFR, Chapter 1) clauses by reference, with the same force and effect as if they were given in full text Upon request, the Contracting Officer will make their text available 52 203-3 GRATUITIES (APR 1984) 52 203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984) 52 203-7 ANTI-KICKBACK PROCEDURES (JUL 1995) 52 233-1 DISPUTES (OCT 1995) 13 NOTICES . All notices shall be in writing and sent by United States Certified or Registered mail, return receipt requested, and shall be addressed as follows (or to such other address as either party may designate from time to time by notice to the other) Page 5 of 10 bid./ / 3 TO LESSOR City of Auburn ATTN John Anderson 400 23rd Street N E Auburn, WA 98002 Tel (206) 931-3000 TO GOVERNMENT Federal Aviation Administration Northwest Mountain Region, ANM-56 1601 Lind Avenue S W Renton, Washington 98055-4056 Tel (206) 227-2056 General correspondence may be forwarded to the above address via first class mail 14 CONCURREN E . The Lessor and the Government hereby agree to the provisions of this Master Lease as indicated by the signatures herein below of their duly authorized representative (s) This Master Lease is effective upon the date of execution by the last party thereof CITY OF AUBURN /� UNITED STATES OF AMERICA By l �O.wl,I- .�a��- & BY g1,ik rn, �.. Q _O CHARLES A BOOTH Title Mayor Title LEAD REALTY SPECIALIST Date Date S G IQ (i, ATTEST (/{4WALia>4 — Robin Wohlhueter, Auburn City Clerk v PROVED S T FORM Michael J. Reynolds, Auburn City Attorney Page 6 of 10 a901 SIGNATURE CERTIFICATION i I, L r�� lT ' >� (.K/ certify that I am the //Ill / /�/ of the City •f Aub rn n ed -s Le sor in the attac document ; and that ,/,Gril f 4% o signfd said document on behalf of the Lessor, was then / of said City of Auburn and that said document was duly s✓ned for and in behalf of said City of Auburn by authority of is governing body, and is within the scope of its powers Done this A/ day of , 19 7-je -'7 BY AsLAC ' / L/ Title a! %f Page 7 of 10 eet 2 List of Exhibits Exh. Exhibit GSA Cant of Date No . Facility Description No. Fxh. Change 1 VASI, R/W 16 Legal 53269 Description 2 VASI, R/W 34 Legal 53353 Description 2A VASI, R/W 34 Sketch 53353 3 4 5 6 7 8 Page 8 of 10 Twhibit I Visual Approach Slope Indicator (VASI) Legal Description GSA Control #53269 Land, situated on the Auburn Municipal Airport, required for the installation, operation, and maintenance of the Visual Approach Slope Indicator (VASI) located on the right-hand side of the runway and consisting of the following a Downwind bar, approximately 500 feet from threshold, 62 feet from the edge of the runway, an area of 12 feet by 24 feet b Upwind bar, approximately 1 , 000 feet from the threshold, 62 feet from the runway edge, an area of 12 feet by 24 feet c Meter post and cable installation as necessary Page 9 of 10 //,// /..73■J Exhibit II Visual Approach Slope Indicator (VASI) Legal Description GSA Control #53353 Parcels of land to be used for the installation, operation, and maintenance of a Visual Approach Slope Indicator (VASI) , are described as follows Beginning at a point located on the centerline and at the threshold of Runway 34 , Auburn Municipal Airport, Auburn, WA, proceed N 00 ° 52 ' 25" E 480 feet along the runway centerline to a point, thence N 89 ° 07' 35" W 50 feet to the Point of True Beginning of Plot #1, thence N 89 ° 07' 35" W 60 feet to a point, thence N 00 ° 52 ' 25" E 40 feet to a point, thence S 89 ° 07' 35" E 60 feet to a point, thence S 00 ° 52 ' 25" W 40 feet to a POINT OF BEGINNING of Plot #1, thence N 00 ° 52' 25" E 530 feet to the POINT OF BEGINNING of Plot #2 , thence N 89 ° 07' 35" W 60 feet to a point, thence N 00 ° 52 ' 25" E 40 feet to a point , thence S 89 ° 07' 35" E 60 feet to a point, thence S 00 ° 52 ' 25" W 40 feet to a POINT OF BEGINNING of Plot #2 , containing a total of 0 11 acres, more or less, all located in the NW 1/4 of section 7, T21N, R5E, Willamette Meridian, King County, Washington All bearings are true See attached sketch labeled "Exhibit II A" Page 10 of 10 EXHIBIT II A 6o x40 Piet Z-, 'to vASt EAR STA 10+30 NOO°SZ'ZS"E 530 Fee{ - m MS1°Q7' 3.STMW' SC (eet VAS% OW BAR e • ,( 1 STA 4+9z I U PI 0+ NO 0°32:25" 4S0 art POINT OF 6EGINNtn/(„ Att-A 73r PREPARED BY CHECKED BY DATE 4// r /SG SUBJECT A6urt_ ASH ti'IG TON — VAs 1 ewy .34 FILE NO. u r' �( Es{-a-k. r r SHEET __- OF SHEETS List of Exhibits Exh. Exhibit C;. A Cont Type of Date No . Facility peso iption No . Exh. Change 1 VASI , R/W 16 Legal 53269 Description 2 VASI, R/W 34 Legal 53353 Description 2A VASI, R/W 34 Sketch 53353 3 4 5 6 7 8 Page 8 of 10 ji ?7 • Exhibit I Visual Approach Slope Indicator (VASI) Legal Description GSA Control #53269 Land, situated on the Auburn Municipal Airport, required for the installation, operation, and maintenance of the Visual Approach Slope Indicator (VASI) located on the right-hand side of the runway and consisting of the following a Downwind bar, approximately 500 feet from threshold, 62 feet from the edge of the runway, an area of 12 feet by 24 feet b Upwind bar, approximately 1, 000 feet from the threshold, 62 feet from the runway edge, an area of 12 feet by 24 feet c Meter post and cable installation as necessary Page 9 of 10 P Y3av Exhibit II Visual Approach Slope Indicator (VASI) Legal Description GSA Control #53353 Parcels of land to be used for the installation, operation, and maintenance of a Visual Approach Slope Indicator (VASI) , are described as follows Beginning at a point located on the centerline and at the threshold of Runway 34 , Auburn Municipal Airport, Auburn, WA, proceed N 00 ° 52' 25" E 480 feet along the runway centerline to a point, thence N 89 ° 07' 35" W 50 feet to the Point of True Beginning of Plot #1, thence N 89 ° 07' 35" W 60 feet to a point, thence N 00 ° 52 ' 25" E 40 feet to a point, thence S 89 ° 07' 35" E 60 feet to a point, thence S 00 ° 52 ' 25" W 40 feet to a POINT OF BEGINNING of Plot #1, thence N 00 ° 52 ' 25" E 530 feet to the POINT OF BEGINNING of Plot #2, thence N 89 ° 07' 35" W 60 feet to a point, thence N 00 ° 52' 25" E 40 feet to a point, thence S 89 ° 07' 35" E 60 feet to a point, thence S 00 ° 52' 25" W 40 feet to a POINT OF BEGINNING of Plot #2 , containing a total of 0 11 acres, more or less, all located in the NW 1/4 of section 7 , T21N, RSE, Willamette Meridian, King County, Washington All bearings are true See attached sketch labeled "Exhibit II A" Page 10 of 1001231 4 in W 1 N co F `` 1V"- `C � I 27. 4 ci N t s tu z W 'I ' 0 O ? o W �� cr- h z a z w to M IL :)- a 1 ii 6 —../ i. Ka—. "J-) VI H -‹ -It A,Ma ) terl )- 1-I I m o H (� 1u ac .- i 1 W Z L• _ Li G to% c n° = +- J �° M w — O y .D Q j p A u i cv x Q � ¢ M a0 � 0O 0 `Ad OD > J Z > Z st --4-G t. al C a 0 o O W F ft 4C W O. in . Y In A. N RESOLUTION NO 9 7 1 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 BETWEEN THE CITY OF AUBURN AND THE DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, FOR THE INSTALLATION OF A VISUAL APPROACH SLOPE INDICATOR ON LAND SITUATED AT THE AUBURN MUNICIPAL AIRPORT WHEREAS, the Department of Transportation, Federal Aviation Administration, has proposed to enter into a lease agreement with the City of Auburn for the installation of Visual Approach Slope Indicator on land situated at the Auburn Municipal Airport; and WHEREAS, in a letter dated March 2, 1979, to Auburn Airport Manager Randall D Berg, Mr R.E Waiblinger, Chief, Facilities Establishment Branch, Department of Transportation, Federal Aviation Administration, made the following commitment. "This is to advise you that the Federal Aviation Administration will have full responsibility for"the installation, maintenance, and operation of the Auburn Runway 16 VASI", NOW, THEREFORE, 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 agreement between the City of Auburn and the Department of Transportation, Federal Aviation Administration, for the installation of a Visual Approach Slope Indicator on land situated at the Auburn Municipal Airport. A copy of said lease is attached hereto, denominated as Exhibit "A" and made a part hereof as though set forth in full herein DATED and SIGNED this 16th day of April, 1979 CITY OF AUBURN t 'Fi A Y 0 R Ii ATTEST TE th City/lerk Resolution No 971 4-12-79 4-16-79 Resolution No 2738 ,a13J Exhibit "B" DEPARTMENT OF TRANSPORTATION 1EEDERAL AVIATION ADMINISTRATION NORTHWEST REGION FAA BUILDING KING COUNTY INT'L AIRPORT SEATTLE, WASHINGTON 98108 Ti7_ A V, �O 2 APR 2 5 1979 ;''�IS'TRP�'G Mrs Coralee McConnehey City Clerk 25 West Main Auburn, WA 98002 Dear Mrs McConnehey_ s Enclosed is an executed copy of Lease Contract No DOT-FA79NW-1340 for the VASI site at the Auburn Municipal Airport Thank you for your cooperation Sincerely, `IELDA MANLEY (Mrs / Contracting Officer Enclosure /egay,2l3 • DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Northwest Region FAA Building, Boeing Field Seattle, Washington 98108 Lease No. DOT-FA79114-1340 • VASI, RN 16 Auburn, WA • LEASE, between THE CITY OF AUBURN and THE UNITED STATES OF AMERICA ,. This LEASE,made and entered into this .52 4 �� day of ( LA n in the year one thousand nine hundred and seventy-wine 7 by and between The City of Auburn P. 0. Box 989 whose address is Auburn, WA 98002 for itself and its XItBQ llUag successors,and assigns,hereinafter called the Lessor and the UNITED STATES of AMERICA,hereinafter called the Government: WITNESSETH:The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. For the term beginning Feb. 1, 1979, and ending September 30, 1979, the Lessor hereby leases to the Government the following described property,hereinafter called the premises,viz: Land, situated on the Auburn Municipal Airport, required for the installation, operation, and maintenance of the VASI (Visual Approach Slope Indicator) to be located on the right-hand side of the runway and will consist of the following: a. Downwind bar, approximately 500 feet from threshold, 62 feet from the edge of the runway, on area of 12 feet by 24 feet. b. Upwind bar, approximately 1,000 feet from the threshold, 62 feet from the runway edge, an area of 12 feet by 24 feet. c. Meter post and cable installation as necessary. • • FAA FORM 4423-2 Pg. 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Should a mutually acceptable settlement be made hereunder,the parties shall enter into a supplemental agreement hereto effecting such agreement. Failure to agree to any such equitable adjustment shall be a dispute concerning a question of fact within the meaning of Clause 6 of this lease. 6. (a) Except as otherwise provided in this Lease, any dispute concerning a question of fact arising under the Lease which is not disposed of by agreement shall be decided by the Contracting Officer who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Lessor. The decision of the Contracting Officer shall be final and conclusive unless within 30 days from the date of receipt of such copy, the Lessor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Secretary, Department of Transportation. The decision of the Secretary or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary; or so grossly erroneous as necessarily to imply bad faith,or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Lessor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending fmal decision of a dispute hereunder,the Lessor shall proceed diligently with the performance of the Lease and in accordance with the Contracting Officer's decision. (b) This clause does not preclude consideration of law questions in connection with decisions provided for in paragraph(a)above;PROVIDED, That nothing in the Lease shall be construed as making fmal the decision of any administrative official,representative,or board on a question of law 7 No Member of Congress or Resident Commissioner shall be admitted to any share or part of this lease, or to any benefit to arise therefrom. 8. The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, brokerage, percentage or contingent fee,except bona fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this lease without liability, or in its discretion to deduct from amounts otherwise due under this lease or other considera- tion,the full amount of such commission,brokerage,percentage,or contingent fee. 9 All notices sent to the parties under the lease shall be addressed as follows: To the Lessor The City of Auburn, P. 0. Box 989, Auburn, WA 98002 To the Government: Federal Aviation Administration, Procurement Branch, ANW-55, FAA Building, Boeing Field, Seattle, Washington 98108 FAA FORM 4423-2 Pg. 3 (8-76)Supersedes Previous Edition /o?2,361 Lease No. DOT-FA79NW-1340 10. This lease is subject to the addition provisions set forth below,or attached hereto and incorporated herein. These additional provisions are identified as follows: a. Irrelevant wording in the first paragraph on Page 1 and in Articles 2 and 3 was deleted prior to execution of this lease. Article 4 was deleted in its entirety. b. In the event the relocation, replacement, or modification of FAA air traffic control and air navigation facilities or components thereof are made necessary by airport improvement or changes, the lessor agrees to the provisions of FAA Advisory Circular No. 150/5300-78, dated 11/8/72. c. Provisions 10a, b, and c were added prior to the signing of this lease by either party. IN WITNESS WHEREOF,the parties hereto have hereunto subscribed their names as of the date first above written. As the holder of a mortgage,dated__________—__ THE CITY OF AUBURN S / ''"" �/ Mayor __------__ ,pages --.----•---. �r/J�� / . Cif/Vent against the above-described premises,the undersigned __( ('U__!••_-/_L! ( ) hereby consents to the foregoing lease and agrees that, if while the lease is in force the mortgage is _____ —_ _______(Lessor) foreclosed,the foreclosure shall not void the lease. ----- ---- ----------- ----------------- --- ---- –- ------------------------ ---------- ((Lessor) (Mortgagee) THE UNITED STATES OF AMERICA Title _antr�cting_Officer-________ L ft``=(� ./ _491,7y,- --- FAA FORM 4423-2 Pg.4(8-76)Supersedes Previous Edition '_ w /to LL-1 • Z � 0 < cc a Cw s ' m V � z z frThrl OM ___I U-;. ' ,.c e IIIII I M r T C a -{C7-II v e4 - I Lv� a 4W I r i e0 L ; a of '^ y a J 0 ii--- --Ji}-- -1!1 `__ 1 • 1 RESOLUTION NO 1 6 9 8 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE BETWEEN 3 THE CITY OF AUBURN AND THE FEDERAL AVIATION ADMINISTRATION FOR THE INSTALLATION OF A VISUAL APPROACH SLOPE INDICATOR (VASI), 4 AT THE AUBURN MUNICIPAL AIRPORT 5 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING 6 DULY ASSEMBLED, HEREWITH RESOLVES 7 THAT the Mayor and City Clerk of the City of Auburn, Washington, are 8 herewith authorized to execute a Lease between the City of Auburn and the 9 Federal Aviation Administration for the installation of a visual approach 10 slope indicator (VASI), at the Auburn Municipal Airport A copy of said Lease 11 is attached hereto and incorporated by reference herein and denominated as 12 Exhibit "A" 13 THE Mayor is hereby authorized to implement such administrative procedures 14 as may be necessary to carry out the directions of this legislation 15 DATED and SIGNED this 7th day of July, 1986 16 17 CITY OF AUBURN 18 19 C ' a.� 20 DO' KU' E Mayor Pro Tem 21 22 23 ATTEST 24 2EILILAULd 1 25 City Clerk 26 27 28 29 30 31 32 Resolution No 1698 6/30/86 or Resolution No 2738 73 Exhibit "C" oncinsportation Federal Aviation Administration Northwest Mountain Region 17900 Pacific Highway South, ANM-56E Lease No. DTFA11-86-L-00156 C-68966 Seattle, Washington 98168 LEASE between THE CITY OF AUBURN and THE UNITED STATES OF AMERICA This LEASE, made and entered into this ca.q 6AA day of in the year one thousand nine hundred and eighty-six by and between The City of Auburn, Auburn Municipal Airport 400 23rd Street N E whose address is Auburn, Washington 98002 for itself and its ineto(x/tte.CS,successors,and assigns, hereinafter called the Lessor and the UNITED STATES OF AMERICA, hereinafter called the Government: WImEssETN: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: I. For the term beginning June 1, 1986 and ending September 30, 19 86 the Lessor hereby leases to the Government the following described property, hereinafter called the premises, viz: Parcels of land to be used for the installation, operation, and maintenance of a visual approach slope indicator (VASI ), are described as follows Beginning a a point located on the centerline and at the threshold of Runway 34, Auburn Municipal Airport, Auburn, WA, proceed N 00° 52' 25" E 480 feet along the runway centerline to a point, thence N 89° 07' 35" W 50 feet to the POINT OF BEGINNING of Plot #1 , thence N 89° 07' 35" V! 60 feet to a point, thence N 00° 52' 25" E 40 feet to a point, thence S 89° 07' 35" E 60 feet to a point, thence S 00° 52' 25" W 40 feet to a POINT OF BEGINNING of Plot #1 , thence N 00° 52' 25" E 530 feet to the POINT OF BEGINNING of Plot #2, thence: N 89° 07 ' 35" W 60 feet to a point, thence N 00° 52' 25" E 40 feet to a point, thence S 89° 07' 35" E 60 feet to a point, thence S 00° 52' 25" V1 40 feet to the POINT OF BEGINNING of Plot #2, containing a total of 0 11 acres, more or less, all located in the NW 1/4 of section 7, T21N, R5E, Willamette Meridian, King County, Washington All bearings are true See attached sketch labeled Attachment "A" FAA FORM 4423-2 Pg. 1 (8-81) Supersedes Previous Edition , a2 Lease No. DTFA11'-86-L-00156 a. Together with a right-ot-way for ingress to and egress from the premises, a right-ot-way or rights-of-way fog establishing and maintaining a pole line or pole lines for extending electric power and telecommunications facilities to the premises;and right-of-way for subsurface power communication and water lines to the premises,all rights-of-way to be over the said lands and adjoining lands of the lessor and unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government. b And the right of grading.conditioning.and installing drainage facilities.and seeding the soil of the premises,and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of air navigation and telecommunications facilities. c. And the right tomake'alterat ions.attach fixtures.and erect additions,structures,or signs,in or upon the premises hereby leased. which alterations, fixtures, additions, structures or signs so placed in or upon. or attached to the said premises shall be and remain the property of the Government. and may be removed upon the date of expiration or termination of this lease, or within ninety(90) days thereafter by or on behalf of the Government. or its grantees, or purchasers of said alterations, fixtures,additions, structures. or signs. 2. This lease may at the option of the Government.be renewed from year to year and otherwise upon the terms and conditions herein specified.The Governments option shall be deemed exercised and the lease renewed each year for one (I)year unless the Government gives the Lessor thirty(30)days written notice that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED that no renewal shall extend this lease beyond the 30th day of September CAX *' ANIMMX94DDC2( SIYd #K>tx;s litiXta tErA-raxiawsg>ixaax axxtexra»t eetX09MWeite lxtymenxwRxemxx *2006 3. the invthemtonrmh000 erental,in coeingemu ally au e ob(iat cne tignnumeedxtent?d tove�rnmenttion in its establishment, operation, and maintenance of facilities upon the premises for the term set forth in Article I above, and RSsaX for each annual renewal exercised by the Government hereafter kg xiga>iri xnuatotxxDOUxt6 xxin74 xviaxxc xbtxshu z odISmamkioxxbcxxxxxambrat t xl<xlactiZzxoanmemegatxxcmisnot hisAxatxxixmvixatosni gxrexxx,t,x1txxis .414, v.xxxiotx xtwgxmaiat�6oawwzaoQlttreafxixssoxrxabmmcceaa 4xxaaicxotxrseaa7etxbteca or xXxcerdfx& falsxaxX)StAntoti&KM19%b* wxxabyc itaihxdttaxxegisoudxtaaik 5. The Government shall surrender possession of the premises upon the date of expiration or termination of this lease.If the Lessor by written notice at least thirty (30) days before the date of expiration or termination requests restoration of the premises,the Government at its option shall within ninety(90)days after such expiration or termination, or within such additional time as may be mutually agreed upon,either(I)restore the premises to as good condition as that existing at the time of the Government's initial entry upon the premises under this lease or any preceding lease(changes to the premises in accordance with paragraph I.(a), I.(b)and I.(c)above,ordinary wear and tear damage by natural elements and by circumstances over which the Government has no control,excepted)or(2)make an equitable adjustment in the lease amount for the cost of such restoration of the premises or the diminution of the value of the premises if unrestored, whichever is less.Should a mutually acceptable settlement be made hereunder the parties shall enter into a supplemental agreement hereto effecting such agreement.Failure to agree to any such equitable adjustment shall be a dispute concerning a question of fact within the meaning of Clause 6 of this lease. FAA Form 4423-2 Pg.2(11-82)Supersedes Previous Edition — _ • v U S. Department Northwest Mountain Region 1601 Lind Avenue, S W of Transportation Colorado, Idaho, Montana Renton,Washington 98055 Federal Aviation Oregon, Utah,Washington, Administration Wyoming February 26, 1996 City of Auburn ATTN John Anderson 400 23rd Street N E Auburn, WA 98002 Dear Mr Anderson Subject Master Land Lease for Auburn Municipal Airport in Auburn, WA Lease No DTFA11-96-L-15971 As we discussed on February 23, 1996, this office is going to the use of the master leases at airports throughout our region in an effort to reduce both FAA's and our Lessor's administrative costs Once the master lease is in place at Auburn Municipal Airport, we will be able to add additional navigational aid sites by the use of a lease exhibit and delete sites the same way when a navigational aid is decommissioned Since we anticipate operating and maintaining the navigational aids for as long as the airport is operational there is no fixed termination date in the lease I have enclosed five copies of the proposed master lease for your review If it is acceptable to you please have the appropriate official (s) sign it and return four of the copies to me A fully executed copy will be returned to you The existing land leases for Auburn Municipal Airport are referenced in Paragraph No 2 of the master lease and, as provided in the master lease, will automatically be terminated upon the date the Government executes the master lease Please call me at (206) 227-2056 if you have any questions regarding this matter Sincerely, i�� ,,L0 Nora Landers Contracting Officer Real Estate and Utilities Branch Enclosures f) o 23! • GiU!ph CHARLES d BOOTH. MAYOR 4 i1 " , AUBURN CITY ATTORNEY M chael J Reynolds.C tY Attorney ;4'4,_ t 'y2 .,>s° ' as m c.,w.m,n.A,,cant c�.Attorney . 25 Wcst Main, Auburn,WA 98001 Karon c cull tet Prosecutor a` e Civil(206)931 3030 Criminal:(206)804-3108 lames S Otrem:ey,Prosecutor ', -" Fax.(206)931-3053 July 29, 1996 Ms. Nora Landers, Contracting Officer Real Estate and Utilities Branch US Department of Transportation Federal Aviation Administration 1601 Lind Avenue, S W Renton, WA 98055 Re. Auburn Municipal Airport Master Land Lease No DTFA11-96-L-15971 Dear Ms. Landers: The City of Auburn adopted Resolution No 2738 authorizing a Master Ground Lease between the City of Auburn and the Department of Transportation, Federal Aviation Administration to incorporate existing land lease agreements. A copy of Resolution No. 2738 with five original Exhibits A, Master Ground Lease No. DTFA11-96-15971, B, a copy of Resolution No. 971, and C, a copy of Resolution No. 1698 are enclosed. Once the land leases have been executed by the appropriate official(s), please return a fully executed original document to the City Clerk's Office at 25 West Main Street, Auburn, WA 98001-4998. Thank you for your assistance. Sincerely, Q\iq L lid Charles A. Booth Mayor cc: Paul Krauss, Planning & Community Development Director John Anderson, Airport Manager i CHARLES A.BOOTH,MAYOR AUBURN CITY CLERK Robin Wohlhueter,City Clerk /�� „ JI 25 West Main, Auburn,WA 98001 Dani Daskam,Deputy City Clerk Auburn b Lll n City Clerk:(206)931-3039 Tamie Bothell, Records/License Clerk �� / Business Registration:(206)931-3007 Fax:(206)931-3053 71Il STATE OF WASHINGTON) ) ss. COUNTY OF KING I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2738 of the resolutions of the City of Auburn, entitled "RESOLUTION NO " I certify that said Resolution No. 2738 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 17th day of June, 1996 Witness my hand and the seal of the City of Auburn this 30th day of October, 1996. l-te"- ji J/.0M-A��i�,rp/-r� Robin Wohlhueter City Clerk City of Auburn - f -