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HomeMy WebLinkAbout893 � . . . , . , . • RESOLUTION N0. 8 9 3 A RESOLUTION OF THE CITY COUNCIL OF TfiE CITY OF AUBURN; WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN, TO EXECUTE AN ADDENDUM TO THAT AGREEMENT AUTHORIZED BY AUBURN CITY RESOLUTION N0. 866 (DATED FEBRUARY 21 , 1978) WITH 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, Washington , are hereby authorized to execute,,am addendum to that agreement authorized by Auburn City Resolution No, � 866 (dated F.ebruary 21 , 1978) with Sky Services , Inc. That a copy of said addendum is attached hereto, denominated as Exhibit "A" and made �a .part :hereo.f as; :though set forth in full herein. DATED and SIG�VED this 15th day of �1a,y, 1978. CITY OF AUBURN , M R , ATTEST: � City Gler 1 Resolution No. 893 5-10-78 _ ,, . . . � . . . . __ . . � , � � �. '� � . . . FIXED-.BASE LEASE AT AUBURN AIRPORT TNIS LEASE AND AGREEMENT .made and enteced into this 21th day of February . 1978:, by and between the GITY OF AUBURN, acting �hrough the Aubucn 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, E � 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 Kong County, Washingtori, hereinafter called the Airport. (b� The Lessee desires to lease certain premises, facilities, rights, services and privileges on the Ai.rport 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- str"uct a building in accordance with the plans and specifications attached hereto as Exhibit "B°. , E NOW, THEREFORE, in consideration of tHe mut"ual covenants and agreements herein contained, Auburn and Lessee agree as follows: 2. Description of Premises. Auburn hereby leases to Lessee the following described prop'erty located on the Auburn Airport, King Gounty, Washington, more partic- ularly described in the legal description attached hereto as Exhibit "A" which is incor.porated into this lease by reference as if fully set forth herein . 3 , lJse of the Premises. The Les'see- w,i' Il :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 BCHNHID6R.6MYTHE.BALIEY_6 VAN BICLEN. ATTORNHY9 AT lAW iB PlNaf Bia¢6T NoNn14R wYBURN. �NNBXINOTON 0800t � _ ra�an�o�a eas-t9w � ooa•aseo - I - (b) $421 .40 for the second six months of the lease term; (c) �561 ,88 for the second year of the lease term; (d) $632.10 for the third 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 , 3 five-year period of the lease term, as provided in Paragraph Si.x 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 a raised value of said PP i' land. The appraised shall be only on the land and shall eicclude the I� building improvements. I �i 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 I apply to the Superior Court for King County and request the presiding Judge of I that Court to appoint an arbitrator to fix the rental . � I II I � . I - _ . � i I i� I _3_ I ! 2-6-78 i I aircraft engines� air frames, avionics and accessories, together ' with all ancillary services required thereunder; (b) Sale of new and used aircraft (both retail and wholes.ale� ; (c) Sale of aircraft parts and accessories (retail and wholesale� ; (d� Sale of new and used radios and all other electronic � equipment including aiccraft instruments; �� (e� Sale of navigational and airmen's supplies and accessories; � (f� Flight operations, including flight training, demon- stration of aircraft for sale, charter and air taxi ; (g� Towing of disabled aircraft; (h) Financing, leasing and insuring of ai_rcraft; ( i ) Loading and unloading of airc�aft in any lawful business; (j� The installation of a vending equipment and/or coffee bar with the purpose of serving Lessee�s emp� oyees and customers; (k� Rent-a-car service upon payment to Lessor of additional rental or fees based upon a rate equ�al to those paid by other car 1 rental agencies operating on similarly situated airports w'ithin the State of Washington . The Lessee agrees to furnish these se"rvices 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 d�,�. of June , I9�8 and terminating on the 315t day of Ma.Y . , 2018 . 5. Rentals, Fees and Charqes. 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 f�>Ilowing rentals, fees and charges all payable in monthly inst:�ll.ments 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. � SCHNEIDER.SMYTHE.6ALLEY&VAN 9(CL6N ATTORN6�'9 11T LAW II9 F�Ref BmoeT NoimiGar AUBYRN. WABMIN6TOfl BBOOt . � . Tna.ww�a eaaneoo ' eao. —Z— (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 aualyie said proposals and conduct such investigation, interviews � and discussions with or without the parties as he feels necessary. a • (b) At a time not to exceed fifteen (15) days after the submissioa of the written proposals of the Lessor aad Lessee, the respective parties may have representatives appear and argue such matters .regarding the renegotiation as the parties deem fit. Within f-ive (5) days after such time the arbitrator shall make a final written determinaGion 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, i arbitrator ' s fees . 7 . Rates Rentals and Other Charges . Lessee shall furnish the Lessor with a complete achedule of all prices charged by the Lessee for each service or unit charged to the general public . Lessee agYees to charge fair, reasonable and not unjustly discriminatory prices for each unit or service. � 8 . Use of Public Airport Facilitiea . Lessee is granted the nonexclusive use of all public airport i facilities including but not limited to taxiways , runways, aprona , � navigational aids and facilities relati��g thereto for the purposes of i ilandings, take-offs and taxiing of Lessee and Lessee' s tenants and �i 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- I I I �I SCHNEIDER.BMYTHE. 9ALLEY�B VAN'BICLEN ATTOFN6Y6 AT LAW 29 FIROT BTN[R NORTMCAOT i ��� AUBURN. WABXINOTON Y800i , � TQLLPNOx6 Bii-10lO eao-aeeo i -4- I � 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 5tates Government under the ( Federal Airport Act. , 9 . Maintenance and Repai:rs. ' (a� Exterior and Interior Repairs: Lessee shall keep the foundations, adjacent sidewalks, exterior walls, roof and down- spouts in good order and �epair . In addition, Lessee shall make structura.l repairs including (but not limited to� repair�s to inter�ior walls, floors, wiri.ng, 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 const"ructed by it on the leased premises, either promptly or adequately, Lessor may, but shall not be required 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� 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 qua.l : '.y whenever said glass is broken or destroyed. (c� Ownership of Repairs and Improvements: Lessee shall make such interio� 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 yhall rctain such property rights :+erein 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 SCHNEIDER.,SMYTME. SALLEY&VAN'SICLEN ATTONNEYB AT LAW 28 FIR9T BTlIH6T NOaTXCAYT AUBURN. WABHIN6MN BBOOE 7tLVNOxC 099-1E80 � 889-2880 -5- 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 Propertv Taxes. � Lessee shall pay promptly when due all te�es assessed and levied ajainst its fixture, furnishings� equipment and stock in trade during the term hereof unless such assessment and levy are being protested according to law. 12 . Propertv insurance and Waiver of Subr_oaation . Neither the Lessor nor the Lessee shall be liable to the other for loss arising out of damage or destnuction 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 insurence coverage, if the premises are sprinkled. Such absence of liability shall exist whether or not Y the damage or destruction is caused by the negligence of either Lessor ' or Lessee or their respective agents, servents or employees. It is the intention and agreement of the Ler=or and the Lessee that the rentals reserved by this lease have bee'n 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 Insur�nce. Tfie Lessee agrees to procure and maintain in force for the term of this lease public liability and property damage insur- ance with a minimum coverage of One Million Dollars ($I ,000,000.00� SCHNEIDER.SMYTNE. SALLEY 8 VAN BICLEN ATTDIiNEY6 AT LAW 2B Ft1uT 8'tfIRT'NaRnRwsT ♦UBUiW. WA8NIN6TON BBOOII n�.m�ons esa•+eeo - eaa-xeeo -6- combined single limit, each occurrence . The �policy shal.l also provide that the same shall not be cancelled until a ten-day written notice of cancellation has been served upon the Lessor. Lessor ahall 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 , aibitration as aet forth herein shall be used to settle the issue. 14. HoLd Harmless . Lessee s.hall indemnify and save harmless the Lessor., ita � officers, agents and employees fiom and against all claims, demande , loss or liability which Lessor, ibs 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 persona , 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 includirig the Auburn Airport and its faciIities . 15. Reservations to Lessor. Upon acceptance of fhe leased premises by Lesaee, 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 ;� :ch sanitary sewers, drains, storm water sewers, pipe lines, manholes, . connectiona ; 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 ther�upon for any and all auch pur- poses . Lessor also reserves the right to grant .franchises, easements, rights of way and permits in, over and upon, along or acroas any and all portions of the leased premisea as Lessor may elect to do so, pro- SCMNEIDER. SMYTHE. SALLEY&VAN 8IClEN - wnowners wT uw ae rii�er emsT NomMtwer , AY�Ui7N. WA8NIN6TON BB001 7CL�MOw¢ B9S•16lO aaa-a -7- 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, theu 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 thes�e 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 sha11 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 Leasee. , (a) Lessee shall be solely rvsponeible for all costs or charges for utilities furnish�d 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 l�mited 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. SCNNEIDER. 6MYTHE. SALLEY &VAN 6ICLEN ATTOfiNGYB AT LAW - Y8 FIi1sT BT110[T NoNnli�eT AYBVRN. WABMINOTON OBOOII ' 7$L6PMOMC B8S-18lO ase•ssao -8- (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 rentala 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 ver-ifying 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 servanta shall obey all applicable rules , regulations and ordinancea 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 abaEe 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 9CHNHID6R. BMYTHE..BALLEY &VAN BICLEN � w�NSVS �r uw t9 P�tGr Bms[T HortrwGR AUBURN. WABNIN6TON 08002 TQlOf10M6 Bas•1000 esa-asoo -9- expeditiously by Lessor. 19 . Ri�ht of Entr 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 safe�y and with rules and regulations and ordinancea of the Federal Aviation Administration with aircraft operatione at the ai"rport. 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 ahall 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 daya (10) after Lesaor BCHNEIDER. BMYTNE. BALLEY 6 VAN BICLfiN ATTOAN6Y8 AT LAW IIO PIYI BTN�T NOYfx�AOT - AUBYRN. WABMINOTON 9800i nu..�ows esa�ieoo , esa.seeo -10- has demanded payment in writing. (d) If Lessee shall fail to perform, keep or observe any of the covenants and conditdons :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. Ia 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 injunct-ion 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 o` the existence of the breach. (d) The assumption by the Federal Government or any � other governmental agency of the control of the airport or � SCMNBIDBR. 9MYTME. 8ALLEY 9 VAN BICLfiN . A7TORN8YB AT LAW tB R�mr B�nan No�e�v► AYBURN. WABNINOTON G8001 rs�a.xene easneao � eao-aaao I -11- � any portion thereof in a manner which would preclude the .Lessee from operating under the terms of this lease or which would substantially restrict its opefation 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 manaei that would substantially preclude, prevent or hinder the Lessee from operation under the terms of tfiis lease. If the lease should be terminated either under this section or the previous section, permitting termination by the Lessor in the eyent of governmental restriction, or sub- stantial interference, and thereafter the site should become available, or a similar site should become avail- i 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 ia its pre- vious condition, alternatively o:. 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 thia 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, r.hen such holding over shall be a tenancy from mnnth to month only and .governed by the same conditions and covenants as 9CMNEIDBR. BMYTHE. 9ALLEY 6 VAN 81CLEN ATTORN[YB AT LAW tY FlROT Oivstl No11TMi11R - AUBYRN. WABNINQTON BBOOt ' � Tu�nows eaa•wso eso•aaeo _12_ , 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 partiea hereto; and all 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 �.� 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 commencement of a:.y 1ega1 action under the pro- visions of this agreement . 23 . Destruction of the Premises . In the event there is any destruction of the premises either BCHNEID6R. BMYTHE, BALL6Y 6 VAN BICLEN � � ATf071N6Y8.AT I.AW CO PIYST BTP�T NOCn@�T' AYBVRN. WAONIN6TON OBOOi ntarMOwa ess.ieeo B00•COOO � - -13- whole or partial due to fire, earthquake, acts of enemy, the elements , casualties , latent 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 .Lesaor 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 , improvements 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-defaultiag party employa an attorney to enforce any right or claim under this agreement, the prevailing party ahall 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 sr111 become the sole property of Lessor and the freehold interest of said structure shall be vested, in fee simple, in the Lessor. I 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 [erms and conditions of this lease, Leasee may elect to renew for an additional thirty years (30) beginning wiCh the expiration of the original term. To exercise SCNNEICER. SMYTHE. 9ALLEY &VAN 81CLEN � � �rronNeve wr uw 10 Pinor Bncn Nonn�s�ar AYBYRN. WABHIN6TON YBOOII ' TtLVINeN[ 875-1680 B�O•2600 -14- this option, the Lessee 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 i the extended term, except the rental to be paid therein, which rental shall be agreed upon by the partiea 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 pereons , one to be selected by the Lessor, one to be selected by the Lessee, and the third to be s,elected 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 .��eir rental termination findings .to the parties hereto not less than three months prior to the commencement of the extension of the lease term. 32. Additional Obligations Assumed by Lesaee. (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 uaer thereof, and SCMNEID6R. SMYTHE. BALLEY d VAN BICL6N wrroaNCre�r uw ao nmm em�r No.n�usT AUBYIIN, WABlIIWOTON YBOG! TCWXONt Ba7+idlO dsao � -15 (ii) To charge for, reasonable, and not unjustly dis- criminatory prices for each unit or service; provided, thaG 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 per"sonal iepresentatives , �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 (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 sub�ected to discrimination in the use of said facilities, (2) That in the construction of any improvements on, over, oi under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded frdm participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) That the Lessee sha11 use the premises in compliance with all 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 ha��� the right to terminate the License, Lease, Permit granted herein, and to re-enter and repoasess said land and the facilities thereon, and pull the same as if said lease had never been made or issued. DATED this o�� day of�� , 1978. C OF AUBURN, WASHIIVGTON SKY SERVICES , INC. � �f/ . .' � �t�/�����:��� r /� Its res ent �� r � • �Executed by Sky Services this day of June, 1978. ) SCHN6IDER. SMYTHE. SALLEY d VAN B�CLEN •rronNere �r uw 10 Fin�r 8rrt[R NoNrnuai 11UBURN. WIIBMINOTON Y0001 � ' T[1ioMOrs 879-1a40 aso•aeeo -16- 33. Additional obligation of_the Lessor. The Airport shall pay related costs to provide culvert and fill for the drainage ditch along the northern edge of the property. DATED and SIGNED this 16th day of May , 1978. CITY OF AUBURN R ATTEST: C6�Q��e � ��1� ��1ti�2/.� City Gle APPR VED AS TO FO��RM: � n kr,.��..- City Attorney The Lessee, SKY SERVICES, INC. , acknowledges and approves the addition af 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 Tun�� , 1978. SKY SERVICES, INC. � �=�"l;� � � resident- --------------------------------- ' , Additional obligation of Lessor City of Auburn - Sky Services , Inc. Page 17 , _ . � � . .+ : . ATTEST: r� � 422%E'.�,� City Cler APPROVED AS TO FORM: C � � Cit ttorney . STATE OF WASHINGTON ) ) ss . COUNTY OF KING ) On this .;l7l� day of ��, 1978 , before me peraonally appeared _�1:.�v,,, Q .via.w_ �-.,?�.�n.�,.., ��i.�e2_� , to me known to be the �j� �x,( � �,Q� / 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.v,,c 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. �'f'J. ,,,� (�..c-�.,.�� flb�Y�L n an or t e tate of Washington, residing at �n�/e SCNNEIDER. BMYTHE. 9ALLEY B VAN 81CLEN ATfOIiN6Y9 AT UW 20 FiRSr Brne¢r Nonrhusr - AUBURN. WA6NINOTON 98002 Te�o■s aas-�eeo OiOR680 -�8- . '• e . - •_ : . • STATE OF WASHINGTON) ' )55 COUIVTY OF KING ) On this �� day of % � , 1978, before me personally appeared l� , to me known to be the _ of the corporation that executed—tfie 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 u ic in and for t e of%- Washington , residing at _ Page 19 and Last � � • ` • ' • - 1 . • � .� ".J: � 4 ...�3 V ��' �r � � EXHIBIT ��A�� . ,�}�� , �G,_ers � _ � .. � . ., y ��5� ?hat portion of the J. Brannan Dbnation Cla�m No. 3B s�tuate tn Sectton .�, '�'�;�;i � ,' , 7bnnshtp 21 .North, Range 5 6ast, W.M. described as follava ':� 4 �,,�� -i Y.� F� '�. .i.� . .,. ' ..' .. � .i�.N`I�{ � �� • �I ` Seglinting at thp �qrtheast corner of the J. Brai�nan ¢4tration C1ai�p N/o: .3Bf ` ` � r� � t{ . thBnCe N B8°49'S?"'fr 430.01 feet; thence' S 0°52!?5" W 1370.4? f8ei [o:t1iB ��a,:4 � ?�'�� ': Ti11�e'POitf't Of Htlg3t�.ingJ thence' continuing S 0°52'75� :W ?60.00 'Pea�� theno9 'r��i,f . � r �a N '8B°53'43" W 530.00 'faet�. thence N 0°5?'25" 8. 260 00 'feet) thetjce 8� BB°$3'�09'r� t �,�" '� � 8 530 00 feat co ph'e True Point of Begtnn�ng L6SS th� eaet ?5 f9et fo,r s4rmeb, ,,:�� ,�'y ,' � e�iiiete'3n the q3ty`vP; Au7�ui�, Kfng Coonty, Waah�ngton ' �7 �' � , � i � , . , � �r r,r„ : , . ,, �9 a? .� " ,� ' , ', ., � fj� , . . , - � � ^i � , . �,,a Y 3.O1 Acrea' '���r y� ' t*""���� }� (I ' s.; , it . '� � . ,� . . . �,�� � . � � ' .. . . . . . .. . . . ,� yi�y�. ;,. ��� . ' , . . ,�_ , :t; I �Art.J � ' _ " ' J�f,l; � ' \ . � ` . � �� nl � � , . .. i ' . . ���''• 4ae . ! � y �, . . , - . ' . . . ' $ r ..; , i rS � 5t , � iLtl � i a.: ( � y� y ' L t ��7. ;� � '1 . . . . , . - .'.�� J; �. .:'.. . . . .. . �.. . � �f,,:, , � , ! s � �6 � . . ' � ' r y tj1 1:: ' . . ,. I !nl,' � . . . . ' . . 1 , , , � . 1 l�4�q.4� � � ' . , „ . � 4✓!� � . :� ,: r � +1{�..'. �ft 11. � � . �� a�,�� 4 � ,.. I yi '3. � ' . . �Y. A t,}. � ;�j y i m ..'. i° ... . . , , . - .. ' . . .. , I�J•��;�,' ` r A: '} � , � . . � � . � � . " . }:,.�, y . .. ' . . . . ' ' ' Fh','�, �� . , ' . . � , . .. - x . . . , .. . ,. '. � . � � . �; � . . , . . .. . � ' � ' ' ' . � �• j�.', ,.: � � , � . . . . ,. Y Y1� �� � � . ' . - � , . '�:,. '.1:. � ,.. � 0 y x. � <a,� . �r �.::: �y �t<��',',: h , �. ,y,�e ,; �.:•.. . _ . _.. � . -.-, ' . . ,. . . . � . }' , • - ' . � : � � �,.. RESOLUTION N0. 8 6 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASH.INGTON, AUTHORIZING ' THE MAYOR AND GITY_GLERK OF THE CITY OF AUBURN, TO EXECUTE A LEASE AND AGREEMENT _BETWEEN_ THE CITY OF AUBURN AND SKY SERVICES, ING: � THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, 11T A REGULAR MEETING DULY ASSEMBLED, HEREWITH RE50LVES: 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 5ky Services. Inc. , for certain property located at the Auburn Mun9cipal Airport. That a copy of said Lease is attached hereto, denominated as Ezhibit "A-1 " and made a part hereof as though set forth in full herein. DATED and SIGNED this 21st day of February, 1978. - ' CITV OF AUBURN � � , • ATTEST: ���� o�. 6=i�C�� ity Glerk i ------------------ Resolution No. 866 2-21-78 � . a; , r .. MS'r il r � -: �i wr i.nxc+M1'•8f?'Wrg:i( ��;*�t�y ;. i ' ' ii . '. ; ,,. -� ^�I..r 6 � � ' 1 . _ ��< 0��, ,t� � � � „ ' . . , . . , ' � . � • .. ' ( �. . ' , . . ' . '. . ' ' � . , t:p-.i< ? - . ' . . , .. � � ' , . . . 1.:%. (��c' ' . ' . ' � . . x Rainier National Bank - . ` `' Fics[ Souih Stacy' Office _ ' ( 2255 ].at Aye. South �„''� : " Seattle; Waehing[on 98134 , ' ` ;t•, �. , ,.� �:. When P,ecorded' Ma il.to c r'' , f , ;� �' ` . ' Rai.nier _National �.Bnnk � -?"s',; Fizs[ 'South Stacy Office , ' ' - ` �A L.�. ` 2265 'lst Ave. ' Scuth , � ,:. � Seat[l:e, Washington 98134 Reser.ved for Au�litor's Use Only , , -- _. .. _ - � - - -- . ;�,.`. , MEMORANDUM OF LEASE `� . ".;:.- - 7'N.IS MEMORA?IDUM OF LEASE ("Memorandian") i� uia3e on this 16th �lay of June, 1979 • ~ , be*_ween the City of Auburn as ("Lessor") and Slcy Services, Ipc. , a Wasl.�ington Cor- . ..a;, � .. poration, ("Lessee") . ' ,(.��. 1. For, goo3 an� valuable consideration, r_he receipt of• which, is hereby ' ' ac<nowledged, Lessor has 1�_ased to Lessee for a period of 40 years., cormnencing on or about the .ist day June, 1978, and terminating on or about the 3�.st i3ay of. May, - 2018, upon the L-erms and cunditions of said lease, on certain pre�niises in King county, Waslzington and as more particularly descr.ibed in F�chibit "A" attached hereto. `� 2.. The sp: 'cific terms and conditiqns of Che aforementioned lc�ase are fully ' ' set forth in: certain lease agreement dated Februaiy 27, 1978, between L-he parties '" hereto. ' Referer.ce is here5y made to 'said leases and, by the reference', are made a part�. . .,.," hereof as though more fully set forth herein. 3. Lessor and axid Leasee, ,by these presents, do. hereby ackno��ledge the `�� execution of said leases. • µc. IA' WITNESS WHrREOF, tnis Meworandwn is execut_d. as of the dap and �year first .above written. City of u urn BY ',' BY C'�rt�cP�Z �. ���Ca�' iz�J;�. Sky Services Inc. BY , ITS � ' � . , ' BY � . . " ITS " � _ ,gr.n ` r t ",�5r"T .'.i.�: � T' r " { zFVxr.. . . � . ,, r . � 1 � ty`�.Kr a '' x l., ' "1 ' k + '�" ` t .' { , ! "�'l (3�'1'�' C� ti a . .J. � �vi . ! $, !� 1 � .��j i §���.�,;i t c ' . - ,^. . . t ,�� 4 r 4 Y .' t�, � . , - ' , . . 'n:;. : ; . . T :S'•: , . � . � ,. . ,�: �i.. ' � ' ' . , ' . . h:; ,.� . . . � ' °. . . , , • - - . , , � r..' ' '� ',; t . . . . _ ` . . , . . o . . . , . , , . . . :i:i,yi ,`'f_: . . . . � . . . . , . . ' . . . . . , t � , . . _ .. ,!:f�.. J - . . . . . _ . , . _ . ' . . _ �Il''``i � �✓��. J k � . . . ' �, t, . , , _ . ' . . � � � . � ' 1��u,,� i • �. . . . � .. . �' ���a'�� t ' � ':.' ' Sta[e of [�ashington )` SS. ' ' ' =,. _' � ,�1 i County of King ) : : ,;`: I� ; � ;,: , , , �.., � On this �U� day;�of June 1978,. befoYe me pereonally�appeared � ; �, . ';�' _.P ` /� y,� }�; � and�(iT.'o/.c.. ` � �,:. �{ ..� - ? ,. � . �e� . � > -; • to me knoc.�. to be the. . and - t _.,. ,,4!4 - - . ,� .�,';i: of the: corporation that executed the within and foregoing in- ��, , ';';b�� str�xment, and acknowledged said instrument eo be the free and , [�;ii>'+' .;,,,. ivoluntary act and deed of said corpoiation, for Ehe'uses and pur- ' - ,. ` . . . . _ ..1 !�A:, i� poses' therein mentioned, and on. oath stated that 'they were authorized � to execute said ins[rument and that the seal affixed is Che cor- • '�'r;°" ' � porate seal of said corporation. „ • :�-�r .as; . In. Witnes.s Whereof I have hereunto set my hand and affi:ced my � . �'<' official seal the day and year first aboye written. � ''�': �i�ti..-,.�JCh�h:�,C�-.�/ Notary Public in and for the State , . of Washi.ngton, xesiding at - � � .. . .'t, ' in said county i , :'��' . . . , . � - � r - ' . .: � _ . . . , . . ' . . . . . . . .�� .�, �" iY'�i'N'r°�°6����,� .� 1: r `K a�s�°�._ �� ar 7� :�(`�m4 ti�„ .t 8 TaT � ; N � uh p'Z , I. x . ,. i . eu n� �� ��3% {��,� T ��-,�r�� , ', A � ,'. � F t. 1 _ . �`'� �. . �Lrf51Y'^( te f 1 � 1 e .w 4� � � �-• ' � ��/'")i.. ( i � . " ' - � - �� ` L " ' , ' . . � � ' �_�r . . . , ' ry, l;S�t�i�. f}:. . . � • � . . � , , . ;�,i�•; 1 ' . . � , . � ' . lbti;�� � a ' � � � ' ' �- r- , . . . . � . ',:r r .t3:{�r Fr ' ' - - - s ��-�' �y U' . � . � . , ' ,. � , . .��'� ' i,r�; � .. . ; , . ,. . _ 1'` ! i �. 7' i �,�' .� - � ('�� . . � r- . , , � . „ " ' - 'L �;uiY'.. �n � � t=' . ._ . 'ryyl. 1 . . . . � . � ' , . - � � e .. E7CHIISIT nA" >>E,�' kc - . h�, ��; A , �t;,t�s. � � ` . . .- � . � � � � - 7i;,,. � x That oort :i6n,�of' the J. Brannan' I'iona[ion Claim No. 38 ,sicuatEd ' ,,S + + 4� �•,' } in Sectimi 7,: Township 21 Nor.th, Range 5 Eaet,': W:M: Desr.iibrrd , t, , ".�c'�� � ` as foilnw:3: . , �;qi ir� ; � � ; � � i `a:. �� ii BeginninG at thc northeaet carner of the J. Rrannan, DoraUion' � n�+ Glaim No. 38; thence. N: ,Q8 de�rees 49'S2" 11. 430:O1 feet. ; [hence ' '�`'` S 0 dagre.as�.52'25" W. 1320.42 feet eo the True Point of Beginning;' . ;;' ; ' - thence continuing S. 0 :degrees' S2'25" k'. 260.00 feet; thence N. �' ' � :;''J> 88 degress 53'43" W. 530;00 feec ; thence N. O,degrees 52'25" E i;'� ` 260.00 feet; thence S 88 Hegrees 53`43' E. 530.00 .feet t:o tlie Triie " ;;;, r�: ;-, ' Point of 8eginn;ing less the east 25 feet for street', sicuated 'in ' ' L��; i ' the City of Auburn, King. County, Washington. " ,r l, 3.01 acre; �";: ;'".;`� . ;�, ,�, s;'i �;. . . . .� . . , � . , '�;•,_-�:. . . . . . . �r•.. . . . . t, . . . „ . . . _ . . ;':�- �' ' . . , � . � . � - . . , . . �'i;: " . , . . � ' . ; � ..;i'.::I;� f: � . . , . � � . . ' � - - .r � ' - _ ' . . e . . � . . _ '.x; ' � , . , i , ' '. � '�. . � ;�- � , � ' , - 'i f. , ; � .' , ,,,� .` , � - . ,� ' � , . ,;,!,>,,�': �r'�?i i' , ;'-;:; z _�_,.< ly.f 1 rnU�, �- . .. . . � , . � . . ,.