HomeMy WebLinkAbout2743 (2) Oi
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1 RESOLUTION NO 2 7 4 3
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING LEASE BETWEEN AUBURN AND TAS
4 ENTERPRISES, L L C FOR CERTAIN SPACE AT THE AUBURN MUNICIPAL
AIRPORT
5
6 WHEREAS, a Lease Agreement exists between the City and
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Northwest Propeller Service, Inc for certain space at Auburn
8
9 Municipal Airport ; and
10 WHEREAS, Northwest Propeller Service, Inc have moved and
11 desire to terminate the lease to their space; and
12 WHEREAS, ALAN and LOUSE TURNIDGE operate a business known
13
as "TAS" which purchases, repairs and sells aircraft and
14
15 desire to move that operation to Auburn Municipal Airport ; and
16 WHEREAS, TURNIDGE desires to lease facilities and space
17 at Auburn Municipal Airport; and
18 WHEREAS, TURNIDGE desires to undertake certain tenant
19
improvements which will benefit the property of Auburn
20
21 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
22 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
23 RESOLVES THAT
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25
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Resolution No 2743
May 29, 1996
Page 1
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1 Section 1. The City of Auburn does hereby authorize the
2
entry into a Lease Agreement between Auburn and ALAN and
3
LOUISE TURNIDGE, doing business as TAS
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5 Section 2 . The Mayor and City Clerk are hereby
6 authorized to execute City of Auburn Municipal Airport Lease
7 between the City and ALAN and LOUISE TURNIDGE, and TAS
8
ENTERPRISES, L L C , designated as Exhibit "A" and
9
incorporated by reference in this Resolution
10
11 Section 3 . If any provision of this Resolution is
12 determined to be invalid or unenforceable for any reason the
13 remaining provisions shall remain in force and effect
14
Section 4 . The Mayor is hereby authorized to implement
15
such administrative procedures as may be necessary to carry
16
17 out the directives of this legislation
18 DATED and SIGNED this 4/4( day of i1Q I , 1996
19
CITY OF AUBURN
20
21
22 eLltAawES c)
23 CHARLES A BOOTH
24 MAYOR
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26
Resolution No 2743
May 29, 1996
Page 2
1 ATTEST
2
4 Robin Wohlhueter,
City Clerk
5
6
7
APPROVED AS TO FORM
8 '
9 ' ,
10
Michael Reynolds,
11 City Attorney
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Resolution No 2743
May 29, 1996
Page 3
I
AUBURN MUNICIPAL AIRPORT LEASE
THIS LEASE AGREEMENT made and entered into this CC
day of 9Lit , 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 0 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 [ama3-961
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 [ama3-961
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]
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]
r ,
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 10°% 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]
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]
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 [ama3-96)
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]
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 [ama3-961
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]
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 [ama3-967
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]
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 [ama3-967
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 0 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 [ama3-961
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 fender said premises tenantable by repaired within
Resolution No 2743 Exhibit "A"
Auburn Municipal Airport Lease
City/TAS
May 31, 1996
Page 22 [ama3-96]
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 [ama3-961
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 [ama3-961
(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 5,0, day of 94-LL, 1996
CITY OF AUBURN
CHARLES A BOOTH
MAYOR
ATTEST
41A1/ adtal4C—/
Robin Wohlhueter,
City Clerk
` • ROVED AS TO FORM
4l t
Michael J Reynolds,
City Attorney
Resolution No 2743 Exhibit "A"
Auburn Municipal Airport Lease
City/TAS
May 31, 1996
Page 27 [ama3-961
TAS ENTERPRISES, L L C
BY are
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 / f .
AL` TURNIDGE
.
BY . %QQt ?U_�C
LOUIS T RNIDG
Resolution No 2743 Exhibit "A"
Auburn Municipal Airport Lease
City/TAS
May 31, 1996
Page 29 [ama3-961
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this / day of AC/ , 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
NOTARY PUBLIC in and for the •tate
_ _ of Washington, residing in /. ./ f �LI�,/ n
MY COMMISSION expires 17 91
_ - ^11° -
Resolution No 2743 Exhibit "A"
Auburn Municipal Airport Lease
City/TAS
May 31, 1996
Page 30 [ama3-96]
EXHIBIT "A"
Authorized by Resolution No 2743
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
TOGETHERWITH
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 F , 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 PO8, th S 00-52-25 W 92 00 ft to the
PO8.
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"
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"
Oty of
ire BOOTH, lark \ AUBURN CITY CLERK
Robes Wohlhueter,City City C A J1 25 West Main, (206)9,WA 98001
Dani Daskam, Deputy City Clerk City Clerk:(206)931-3039
Tamie Bothell, Records/License Clerk Miry, Business Registration:(206)931-3007 Fax:(206)931-3053
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. 2743 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO "
I certify that said Resolution No 2743 was duly passed by the Council and
approved by the Mayor of the said City of Auburn, on the 3rd day of June, 1996
Witness my hand and the seal of the City of Auburn this 19th day of September, 1996
etaN,A0Mithekty
Robin Wohlhueter
City Clerk
City of Auburn
z : ..:04 .96 02 40PN HHH — —
w j 1 ollins Hudig Hall of Kansas, Inc.s A
�v r>vnenttirpon,P.O.Box 9210,Wichita,Kansas 67277 111 ROLLINS .ET1_IDIG_HAT
a � Telephone 316-943.93331 or(toll free) 600.136.2677
`. FAX 316.942.6713
i CERTIFICATE OF INSURANCE •
APP
Policy Effective ti Effective Date JUNE 1, 1996
Policy ExpiratioDDat JUNE 1, 1996
Policy ExplratlonDeta JUNE 1, 1997
Policy or Certificate No, BD195860
Insurance Co,or Underwriting Mgrs. : AM.ERICAN EAGLE INSURANCE COMPANY
This is to certify to. that the above policies/certificates •,
CITY OF AUBURN, WASHINGTON TAS ENTERPRISES, LLC. 1
25 WEST MAIN STREET P.0 BOX 5527
AUBURN, WASHINGTON 98001 BELLEVUE, WASHINGTON 98006
This Cerlllicele does not amend,extend or otherwise altar the terms and conditions of the policies referred to herein.
LEGAL LIABILITY COVERAGE
Kind of Insurance Coverage Limits
Each Person Each Occurrence
Aircraft Liability
Bodily Injury except Passengers. $ $
Property Damage,
Passenger Bodily Injury
Single Limit Bodily injury and Property
damage_eluding Passengers' X X X X
'the Limit or Liability for eny one Peeaenger Shall Nol Sneed
Airport Liability
Bodily Injury
Property Damage_
Single Limit Bodily Injury I Properly Damage X X X X $1,000,000.
Products Liability
Bodily Injury
Property Damage X X X X
Single Limit Bodily Injury & Property Damage.
Workers Compensation Employers Liability
AIRCRAFT HULL COVERAGE
Aircraft Description Typo of Amount Deductibles
Registration
Identification Coverage of Insurance Not In motion In motion
I•'0 Ground IS Flight "H Ground risks not In motion
Llenholdar ATM El Loss Payable
Address 0 Breach ol Warranty s
Cancellation Notice 30 days
Additional Agreements
ADDITIONAL INSURED.
CITY OF AUBURN, WASHINGTON Rolil dig Hall of Kansas, Inc.
e.
— 'i `
N 9` / ~ / - dar0 /.
R
ill en 'mu RITA E 4' ' E
r7
Naar Is hereby given the[Rdllna Hudy Hall et NOW 1 not the Inwrer hereunder end emit not be hob Male to any pee Or damage nor tot 7e■1u10 b provme NOVA of Coverage Concordia
04 '96 02.40PM RHH P 2
t“.‘4';'';',t s Hudfg Hall of Kansas, Inc. �:-..
,,,., .,r!, Rollin [ ;j ROLLINS HUDIGT
`Fis Airport,P.O.BOX 9210,Wichita,Kansas 67277
▪ Fsd eieph ne 316-943-9331 or(toll free) 800.835.2677 -''.
" FAX 316-942-6713 J G
i CERTIFICATE OF INSURANCE 1 " (YI ''�
JUNE 1, 1996 ��� l/
Policy Effective Date JUNE 1, 1996 y � i
Policy Effective Date
policy Expiration Date JUNE 1, 1997 ,ILL,,:,,.
Policy orCertificate No. BD195860 ri �L )
Insurance Co.or Underwriting Mgrs. AMERICAN EAGLE INSURANCE COMPANY f u� ay
t C
This IS AO certify to: that the above policies/certificates nave I l�i in
CITY OF AUBURN, WASHINGTON TAS ENTERPRISES, LLC.
25 WEST P.O BOX 5527 y
AUBURN,, WASHINGTON 98001
MAIN STREET BELLEVUE, WASHINGTON 9800E
This Certificate does not amend, extend or otherwise alter the terms and conditions of tha policies referred to herein.
LEGAL LIABILITY COVERAGE
Coverage Limits
Kind of Impotence Each Person Each Occurrence
Aircraft Liability
Bodily Injury except Passengers
Properly Damage
Passenger Bodily Injury
Single Limit Bodily Injury and Property X X X X
damage__eluding Passengers'
•Tne Limit or Liability for any one Passenger Shall Not aneeed
Airport Liability
Bodily Injury
Property Damage. X X X X $1,000,000.
Single Limit Bodily Injury & Property Damage
Products Liability
Bodily Injury
Property Damage X X X X
Single Limit Bodily Injury & Property Damage
Workers Compensation Employers Liability
AIRCRAFT HULL COVERAGE
Type of Amount Deductibles
Registration AlreralI Deserlpllon Coverage of insurance Not in motion in motion
Identification
14•C3 Ground&Flight ••H Ground risks not In motion
ATTN: Loss Payable
Addressor 0 Breach of Warranty S _
Address ,aICancellation Notice 30 days
Additional Agreements
ADDITIONAL INSURED.
CITY OF AUBURN, WASHINGTON ROI11 . f dig Hall of Kansas, Inc.`
/
By w co . -rgeeamn RITA ETF.R'I E
.....-_�e..Inuits,hereunder NO Oneii rot be hale aflle M,any load of damage mar Mr hyIUrO lo pru.ue N ddw Or Cc ort.a cv: niv
A7512
CERTIFICATE OF INSURANCE
Date: JULY 3 1996
Descriptive Schedule
Named Insured: TAS ENTERPRISES, LLC&ALAN TURNIDGE
Address of Insured: P O. BOX 5527
BELLEVUE, WA 98006
Company. AMERICAN EAGLE INSURANCE COMPANY
Policy Number AFE 0278419-00
Effective Date: JUNE 01 1996
Expiration Date: JUNE 01 1997
Insured Premises: AUBURN MUNICIPAL. AUBURN, WA
COVERAGES LIMITS OF LIABILITY
Premises Liability-- Single Limit $ 1,000,000. each occurrence
Bodily Injury and Property Damage
This Certificate CITY OF AUBURN, WASHINGTON
is issued to: 25 W MAIN STREET
AUBURN, WA 98001
WITII RESPECT TO LIABILITY COVERAGES ONLY,IT IS UNDERSTOOD AND AGREED THAT CITY
OF AUBURN, WASHINGTON SHALL BE AN ADDITIONAL INSURED INCLUDED HEREUNDER
SOLELY WITH RESPECT TO OPERATIONS OF TIIE NAMED INSURED. THE INCLUSION OF MORE
THAN ONE INSURED SHALL NOT OPERATE TO INCREASE TIIE LIMITS OF THE COMPANY'S
LIABILITY
With whom we agree, if possible, to notify 30 days before the date of cancellation if the policy should be
canceled, but the Company shall not be liable in any way for the failure to give such notice.
The above coverages are subject to all policy terms,conditions and exclusions.
Approved: American Eagle Group
get //CAI
I
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