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HomeMy WebLinkAbout5463 RESOLUTION NO 5 4 6 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AMENDMENTS TO CERTAIN AUBURN MUNICIPAL AIRPORT LAND LEASES RELATING TO THE IMPLAMENTATION OF THE 2020 FAIR MARKET VALUE LEASE RATE ADJUSTMENT WHEREAS, the City of Auburn has entered into various land leases over the last several years for land located on the Auburn Municipal Airport; and WHEREAS, each of the land leases contains a Fair Market Valuation (FMV) rent escalation clause; and WHEREAS, the appraisal establishing the FMV rent for the 2020 term calculated a rent amount that is substantially higher than the current lease rate; and WHEREAS, the City and those tenants subject to the 2020 FMV escalation each desire to increase the rent over two years in an effort to ease the financial burden on those Airport land tenants. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is authorized to execute lease amendments to the six Airport land leases subject to the 2020 FMV escalation provided that each amendment is in substantial conformity to the respective exhibit, attached as Exhibits "A" , "B," "C," "D," "E," and "F." Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No 5463. November 12, 2019 Page 1 of 2 Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this 2nd day of December, 2019. CITY OF AUBURN s• ANCYB A 'U , IA OR ATTEST: Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: 911 N.� Steven L. Gross, City Attorney Resolution No 5463. November 12, 2019 Page 2 of 2 EXHIBIT A CITY OF AUBURN / Auburn Condo Hangars Association (FOURTH AMENDMENT) COVER SHEET FOURTH AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF AUBURN AND AVIATION PROPERTIES,INC. THIS AMENDMENT is made and entered into this day of , 2019, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington(hereinafter referred to as the"CITY"),and Auburn Condo Hangars Association (hereinafter referred to as Lessee), as an addendum to the Lease Agreement between the parties for land located on the Auburn Municipal Airport("Airport")executed on the 8th day of June, 2001. WITNESSETH: WHEREAS, the City of Auburn ("CITY"), and Aviation Properties, Inc. ("API") entered into a Lease Agreement dated June 8, 2001, a memorandum of which was recorded with the Auditor of King County, Washington, under Auditor's File No. 20020627002407 on the 27th day of June, 2002; and WHEREAS,Pursuant to Paragraph 12 of the Lease Agreement between API and the CITY, API had the right to create a Condominium Association which was created and recorded with the Auditor of King County, Washington,under Auditor's File No. 20030415000674; and WHEREAS, Pursuant to Paragraph 12(b) of the Lease Agreement between API and the CITY,the Lease was automatically assigned to the Auburn Condo Hangars Association("ACHA") for the assumption of all responsibilities under this Lease Agreement; and WHEREAS,The Lease Agreement has twice been amended; The first dated November 19, 2002 and the second dated August 3,2016; and WHEREAS, Sections 5(a) and 5(d)provide for annual periodic rent adjustments including adjustments based upon"fair market rental value"(FMV)of the Premises;and WHEREAS, Due to the size and maintenance responsibilities of the tenant this leasehold has in the past realized a discount rate applied to the FMV appraisal; and WHEREAS, Resolution 5457 amended the FMV adjustment schedule; NOW THEREFORE in consideration of their mutual covenants,conditions and promises, the Parties agree as follows: The following Paragraph 5(e)is hereby added to the Lease Agreement: 5(e) The 2020 FMV adjustment as defined in Section 5 of this Lease Agreement as amended will be implemented over two years in the following manner: Fourth Amendment to Lease Agreement between COA&Aviation Properties, Inc. Original Lease approved under Resolution NO. 3353 (i) For the 2020 calendar year term the FMV adjustment will be charged at a per square foot rate of$0.465. (ii) For the 2021 calendar year term a rate of$0.54 per square foot will be charged in place of the scheduled CPI adjustment. All other terms and conditions of this Lease Agreement as amended shall remain the same. [SIGNATURES ON THE FOLLOWING PAGES] Fourth Amendment to Lease Agreement between COA&Aviation Properties, Inc. Original Lease approved under Resolution NO. 3353 , Dated and Signed on this Atai day of Oc..j ger , 2019 Auburn Condo Hangars Association P�¢e57 ir— Name: Title: STATE OF WASHINGTON ) ) ss. County of ) The undersigned Notary Public hereby certifies: That on this of r day of A • , 20 // ,personally appeared before me 4a.u�j� ��Q.�O-ems (name), �) (title),to e known to b the individual(s)described in and who executed the within instrument, and acknowledged that he/she signed and sealed the same as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on oath stated that he/she was duly authorized to execute said document on behalf of (4424 rvvrt.Gror-e Ate> 441-74441._ ASsee..._, In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. ( '41".6.111114\ Notary Public in and for the State of Washington, +s fbe Residing at b()A- toofilsOcv j My commission expires /O— 69' —,::?\_ Vpillaip Fourth Amendment to Lease Agreement between COA&Aviation Properties, Inc. Original Lease approved under Resolution NO. 3353 Y Dated and Signed on this a day of „_ ,A,....__N, , 2019 City of Auburn Yi.: _"- Ile litsw Mayor: Nancy I''•. us 14, Approve+s to fo I• 11 City Attorney: Steven L. Gross STATE OF WASHINGTON ) ss. County of \`‘', r„ ) The undersigned Notary Public hereby certifies: That on thisoll- day of Th„,c,,.,,,,v.,_, 20`S , personally appeared before me .(-N,„,__\ ,-1..,,\L�\L s (name), �-�� ,-._....,,o k (title),to me known to be the individual(s)described in and who executed the within instrument, and acknowledged that he/she signed and sealed the same as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on oath stated that he/she was duly authorized to execute said document on behalf of C .\- In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. ` \.\\‘\\\1\1111! ,� l CAMPQ�i'i�/ _ / - - - '^gooµEXP,4;4„�e /�, Notary Public in and for the State of Washington, �'l o'sARy �`n�% i a i r , Z 5 Residing at `-.-- „,,•,_„..,,, \__c_,+ , , ,,.v Q u r .� /o � My commission expires oy c./a._,a., _ Fourth Amendment to Lease Agreement between COA&Aviation Properties, Inc. Original Lease approved under Resolution NO. 3353 EXHIBIT B CITY OF AUBURN / JAMES E. JACOBSEN (SECOND AMENDMENT) COVER SHEET SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF AUBURN AND JAMES E.JACOBSEN. THIS AMENDMENT is made and entered into this day of , 2019,by and between the CITY OF AUBURN, a municipal corporation of the State of Washington(hereinafter referred to as the"CITY"), and JAMES E.JACOBSEN (hereinafter referred to as Lessee), as an amendment to the Lease Agreement between the parties for land located on the Auburn Municipal Airport("Airport") dated the 3rd day of June, 2002. WITNESSETH: WHEREAS, the City of Auburn and James E. Jacobsen entered into a Lease Agreement dated June 3, 2002 authorized under resolution 3474; and WHEREAS, Sections 5(a) and 5(d)provide for annual periodic rent adjustments including adjustments based upon"fair market rental value"(FMV) of the Premises, WHEREAS, Resolution 5457 amended the FMV adjustment schedule; NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the Parties agree as follows: The following Paragraph 5(e) is hereby added to the Lease Agreement: 5(e) The 2020 FMV adjustment as defined in Section 5 of this Lease Agreement as amended will be implemented over two years in the following manner: (i) For the 2020 calendar year term the FMV adjustment will be charged at a per square foot rate of$0.715. (ii) For the 2021 calendar year term a rate of$0.825 per square foot will be charged in place of the scheduled CPI adjustment. All other terms and conditions of this Lease Agreement as amended shall remain the same. [SIGNATURES ON THE FOLLOWING PAGES] Second Amendment to Lease Agreement between COA &James E.Jacobsen Original Lease approved under Resolution NO. 3474 Dated and Signed on this _V/-day of4441‘40-V' , 2019 James E. Jacobsen .•-� b SC- Name: Title: STATE OF WASHINGTON ) ss. County of ) The undersigned Notary Public hereby certifies: That on thiso�l day f 20 /9 , personally appeared before me f. (name), (title) o me known to e the individual(s) described in and who executed the within instrument, and acknowledged that he/she signed and sealed the same as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on oath stated that he/she was duly authorized to execute said document on behalf of In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. • A, Sr) °I 4-l.�4.t .A- 1 t,„ €8108''ti, .y'e Notary ublic in and for the State of Washington, N oA1�y Cr"%r Residing at (i_40%G "DUBUC ro My commission expires /U -6Q_ • �q, c<• '+i,,F'RES� �,/,‘—).7' Second Amendment to Lease Agreement between COA&James E.Jacobsen Original Lease approved under Resolution NO. 3474 Dated and Signed on this a4- day of , 2019 City of Auburn May r: Nancy I us Approvi;s to fu• Pik 1.0 City Attorney: Steven L. Gross STATE OF WASHINGTON ) ss. County of \A'. �� ) The undersigned Notary Public hereby certifies: That on this a day of C>��,, �+-`, , 20 \ , personally appeared before me ���„`� �����5 (name), (title), to me known to be the individual(s) described in and who executed the within instrument, and acknowledged that he/she signed and sealed the same as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on oath stated that he/she was duly authorized to execute said document on behalf of In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. `\‘‘‘‘\\\t1t1 i Ii ,• N K. Cq i��, = ��i� Notary Public in and for the State of Washington, c° °TA�'�m',r Residing at • � 4 5 My commission expires c,-y c -7 • ,/��,���IWAS\`N Second Amendment to Lease Agreement between COA&James E.Jacobsen Original Lease approved under Resolution NO. 3474 EXHIBIT C CITY OF AUBURN / AUBURN HANGARS OWNERS ASSOCIATION (THIRD AMENDMENT) COVER SHEET THIRD AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF AUBURN AND HU, INC. THIS AMENDMENT is made and entered into this '2,( day of c"ct-a f'A°2 2019,by and between the CITY OF AUBURN, a municipal corporation of the State of Washington(hereinafter referred to as the"CITY"), and Auburn Hangars Owners Association (hereinafter referred to as Lessee), as an addendum to the Lease Agreement between the parties for land located on the Auburn Municipal Airport("Airport") dates the 14th day of September, 2001. WITNESSETH: WHEREAS, the City of Auburn, and HU, Inc., doing business as Hangars Unlimited ("HU") entered into a Lease Agreement dated September 14, 2001, a memorandum of which was recorded with the Auditor of King County,Washington,under Auditor's File No 20030512000474 on the 12th day of May, 2003; and WHEREAS, Pursuant to Paragraph 12 of the Lease Agreement between HU, Inc. and the CITY, HU, Inc. had the right to create a Condominium Association which was created and recorded with the Auditor of King County, Washington, under Auditor's File No. 20030416002595; and WHEREAS, Pursuant to Paragraph 12(b) of the Lease Agreement between HU, Inc. and the CITY, the Lease was automatically assigned to the Auburn Hangars Owners Association for the assumption of all responsibilities under this Lease Agreement; and WHEREAS, The Lease Agreement was previously amended on April 23, 2002; and WHEREAS, Sections 5(a) and 5(d)provide for annual periodic rent adjustments including adjustments based upon"fair market rental value" (FMV) of the Premises, WHEREAS, Resolution 5457 amended the FMV adjustment schedule NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the Parties agree as follows: The following Paragraph 5(e) is hereby added to the Lease Agreement: 5(e) The 2020 FMV adjustment as defined in Section 5 of this Lease Agreement as amended will be implemented over two years in the following manner: (i) For the 2020 calendar year term the FMV adjustment will be charged at a per square foot rate of$0.715. Third Amendment to Lease Agreement between COA & HU, Inc. Original Lease approved under Resolution NO. 3364 (ii) For the 2021 calendar year term a rate of$0.825 per square foot will be charged in place of the scheduled CPI adjustment. All other terms and conditions of this Lease Agreement as amended shall remain the same. [SIGNATURES ON THE FOLLOWING PAGES] Third Amendment to Lease Agreement between COA& HU, Inc. Original Lease approved under Resolution NO. 3364 Dated and Signed on this day of c c2 v P e/'` , 2019 Auburn Hangars Owners Association p Sipe Name: Title:: STATE OF WASHINGTON ss. County of K (-,1 The undersigned Notary Public hereby certifies: That on this c){ day of OC*e1crc r 20 )01 , personally appeared before me R A,u o 1 L[- 5"5e) G tkA SS (name), P 2 H S;o.7- (title), to me known to be the individual(s) described in and who executed the within instrument, and acknowledged that he/she signed and sealed the same as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on oath stated that he/she was duly authorized to execute said document on behalf of AK Bu 2N liq,1i4C9ce;.v eeS A SScCi.► Tick In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. JARED GARRIDO Notar ublic in and for the State of Washington, NOTARY PUBLIC STATE OF WASHINGTON Residi at Aolov.f r- MyCommissionExpiresDecember13,2021 My commission expires d-° 1 Third Amendment to Lease Agreement between COA& HU, Inc. Original Lease approved under Resolution NO. 3364 Dated and Signed on this day of , 2019 City of Auburn CVN ?::: Calk145- M or: Nanc ckus Approved as to fo : City Attorney: Steven L. Gross STATE OF WASHINGTON ) ss. County of "k. �� ) The undersigned Notary Public hereby certifies: That on this ate' day of Qe_c_.. , 20 \C-\ , personally appeared before me (name), (title), to me known to be the individual(s) described in and who executed the within instrument, and acknowledged that he/she signed and sealed the same as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on oath stated that he/she was duly authorized to execute said document on behalf of • In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. y,1NK. Cq�14 cc= tip Notary�i, Notary Public in and for the State of Washington, ° `'°TA,01 73 r Residing at �� � \• My commission expires A/ pct./ fit VASH\N \�. Third Amendment to Lease Agreement between COA& HU, Inc. Original Lease approved under Resolution NO. 3364 EXHIBIT D CITY OF AUBURN / AUBURN FLYERS CONDO I (SECOND AMENDMENT) COVER SHEET SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF AUBURN AND NW HANGARS,LLC. THIS AMENDMENT is made and entered into this 2-5 day of 001-0(7Cr ,2019, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the"CITY"), and Auburn Flyers Condo I (hereinafter referred to as Lessee), as an addendum to the Lease Agreement between the parties for land located on the Auburn Municipal Airport("Airport")executed on the 17th day of June, 2002. WITNESSETH: WHEREAS, the City of Auburn ("CITY"), and NW Hangars, LLC. ("Lessee") entered into a Lease Agreement dated June 17, 2002, recorded with the Auditor of King County, Washington,under Auditor's File No. 20021212002550 on the 12th day of December, 2002; and WHEREAS, Pursuant to Paragraph 12 of the Lease Agreement between Lessee and the CITY, Northwest Hangars LLC had the right to create a Condominium Association which was created and recorded with the Auditor of King County, Washington, under Auditor's File No. 20021212000129; and WHEREAS, Pursuant to Paragraph 12(b) of the Lease Agreement between NW Hangars LLC and the CITY, the Lease was automatically assigned to the Auburn Flyers Condo I ("AFC I") for the assumption of all responsibilities under this Lease Agreement; and WHEREAS, Sections 5(a) and 5(d) provide for annual periodic rent adjustments including adjustments based upon"fair market rental value"(FMV)of the Premises, WHEREAS,Resolution 5457 amended the FMV adjustment schedule; NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the Parties agree as follows: The following Paragraph 5(e)is hereby added to the Lease Agreement: 5(e) The 2020 FMN adjustment as defined in Section 5 of this Lease Agreement as amended will be implemented over two years in the following manner: (i) For the 2020 calendar year term the FMV adjustment will be charged at a per square foot rate of$0.715. (ii) For the 2021 calendar year term a rate of$0.825 per square foot will be charged in place of the scheduled CPI adjustment. All other terms and conditions of this Lease Agreement as amended shall remain the same. Second Amendment to Lease Agreement between COA & NW Hangars, LLC. Original Lease approved under Resolution NO. 3484 Dated and Signed on this 25 day of 6 C 6 e , 2019 Auburn Flyers Condo I P(e5tde�� Name: I Title: Nichol S 2f}155/5 STATE OF WASHINGTON ) ss. County of k�� ) The undersigned Notary Public hereby certifies: That on this 25 day of Oe , 20 I? ,personally appeared before me /V 4, AG/55/`S (name), Pre-S)`dg4+ (title), to me known to be the individual(s)described in and who executed the within instrument, and acknowledged that he/she signed and sealed the same as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on oath stated that he/she was duly authorized to execute said document on behalf of ubu rA flyers Cbo . In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. / Notary Public State of Washington , 0—T IV/j DONALD J BAILEY , COMMISSION#205813 Notary Public i fpre Stat of Washington, �nrCF COMMISSION EXPIRES Residing at ICS n f/1/4. February 25 '02 My commission expires 7c.z.b 25- . .3 Second Amendment to Lease Agreement between COA & NW Hangars, LLC. Original Lease approved under Resolution NO. 3484 City of Auburn PC; '� Mayor: Nancy Bs Approved as to fo• • City Attorney: Steven L. Gross STATE OF WASHINGTON )ss. County of \c . �� ) The undersigned Notary Public hereby certifies: That on this day of moo U 0-c 20 \ , personally appeared before me \ Q - c , � c c��L� S (name), k (title), to me known to be the individual(s) described in and who executed the within instrument, and acknowledged that he/she signed and sealed the same as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on oath stated that he/she was duly authorized to execute said document on behalf of In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Pek; Notary Public in and for the State of Washington, _,�'�. \\\\\\\\\\\\\\\s P, ,,, 'i�� Residing atr. 3_h OtPRY s �'%.71-% My commission expires z�-\ o`\/a��o Q —Z`x 5-2 = • i . i l Pus`' .o sz /"li is•,11‘‘‘‘‘‘,,,,\‘‘',.O\\" ` •;- Second Amendment to Lease Agreement between COA& NW Hangars, LLC. Original Lease approved under Resolution NO. 3484 EXHIBIT E CITY OF AUBURN / AUBURN FLYERS CONDO II (SECOND AMENDMENT) COVER SHEET SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF AUBURN AND NW HANGARS,LLC. THIS AMENDMENT is made and entered into this tk...day of Nd vit-Ji 4a- , 2019,by and between the CITY OF AUBURN, a municipal corporation of the State of Washington(hereinafter referred to as the"CITY"), and Auburn Flyers Condo II (hereinafter referred to as Lessee), as an addendum to the Lease Agreement between the parties for land located on the Auburn Municipal Airport("Airport") dated the 23rd day of January, 2004. WITNESSETH: WHEREAS, the City of Auburn, and NW Hangars, LLC. entered into a Lease Agreement dated January 23, 2004, recorded with the Auditor of King County, Washington, under Auditor's File No. 20040202001780 on the 2nd day of February, 2004; and WHEREAS, Pursuant to Paragraph 12 of the Lease Agreement between Lessee and the CITY, Northwest Hangars LLC had the right to create a Condominium Association which was created and recorded with the Auditor of King County, Washington, under Auditor's File No. 20040202002409; and WHEREAS, Pursuant to Paragraph 12(b) of the Lease Agreement between Northwest Hangars LLC and the CITY, the Lease was automatically assigned to the Auburn Flyers Condo II ("AFC II") for the assumption of all responsibilities under this Lease Agreement; and . WHEREAS, Sections 5(a) and 5(d)provide for annual periodic rent adjustments including adjustments based upon"fair market rental value" (FMV)of the Premises, WHEREAS, Resolution 5457 amended the FMV adjustment schedule; NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the Parties agree as follows: The following Paragraph 5(e) is hereby added to the Lease Agreement: 5(e) The 2020 FMV adjustment as defined in Section 5 of this Lease Agreement as amended will be implemented over two years in the following manner: (i) For the 2020 calendar year term the FMV adjustment will be charged at a per square foot rate of$0.715. (ii) For the 2021 calendar year term a rate of$0.825 per square foot will be charged in place of the scheduled CPI adjustment. All other terms and conditions of this Lease Agreement as amended shall remain the same. Second Amendment to Lease Agreement between COA & NW Hangars, LLC. Original Lease approved under Resolution NO. 3681 Dated and Signed on this ,,t day of MI v-L2-)t/? - , 2019 Auburn Flyers Condo II (0 SNG-C4AX-r-6177/V644 U Le:A' Name: Title: 1 STATE OF WASHINGTON ) ss. County of 1 ) The undersigned Notary Public certifies: That,orlthis day of )\ J\I€� 20 l ,personal ap seared before meh i( >CUYI �� (name), (E3- t, r , (title), to me known to be the individual(s) described in and who exe :e the within instrument, and acknowledged that he/she signed and sealed the same as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on oath stated that he/she w dul auth zed to execute said document on behalf of -Flyers In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. TANYA KOCH Notary PUblic N ry Pu.lic in a d f.r the State f shington, State of Washington esiding at au/ 4/.44.e._ Commission# 145121 My Comm. Expires Sep 20, 2023 My commission expires 6//,O Second Amendment to Lease Agreement between COA& NW Hangars, LLC. Original Lease approved under Resolution NO. 3681 City of Auburn Mayor: Nanc Backus C�� Approved as to form: City • ttorney: Steven L. Gross STATE OF WASHINGTON ss. County of \L • r.� ) The undersigned Notary Public hereby certifies: That on this tsl, day of T\o,,, , 20 V c-\., personally appeared before me c cwt �� ���s (name), (title), to me known to be the individual(s) described in and who executed the within instrument, and acknowledged that he/she signed and sealed the same as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on oath stated that he/she was duly authorized to execute said document on behalf of In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. \"i ,r,,,CA ��� AAfA 'IIi, Notary Public in and for the State of Washington, i \y9�Ot014, F( ', Residing at • o ° Rh �", My commission expires ��j o5v .% • -v .. 2 % N '/i VB' O �� S 4 ng O1 W Acs Second Amendment to Lease Agreement between COA& NW Hangars, LLC. Original Lease approved under Resolution NO. 3681 EXHIBIT F CITY OF AUBURN / AUBURN FLYERS CONDO III (SECOND AMENDMENT) COVER SHEET SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF AUBURN AND NW HANGARS,LLC. THIS AMENDMENT is made and entered into this day of N oV QOM 19eAr- , 2019,by and between the CITY OF AUBURN, a municipal corporation of the State of Washington(hereinafter referred to as the"CITY"), and Auburn Flyers Condo III(hereinafter referred to as Lessee), as an addendum to the Lease Agreement between the parties for land located on the Auburn Municipal Airport("Airport") dated the 14TH day of September, 2005. WITNESSETH: WHEREAS,the City of Auburn, and NW Hangars, LLC. entered into a Lease Agreement dated September 14, 2005, recorded with the Auditor of King County, Washington, under Auditor's File No. 20060724001167 on the 24th day of July,2006; and WHEREAS, Pursuant to Paragraph 13 of the Lease Agreement between Lessee and the CITY, Northwest Hangars LLC had the right to create a Condominium Association which was created and recorded with the Auditor of King County, Washington, under Auditor's File No. 20060724001166; and WHEREAS, Pursuant to Paragraph 13(b) of the Lease Agreement between NW Hangars LLC and the CITY, the Lease was automatically assigned to the Auburn Flyers Condo III ("AFC III") for_the assumption of all responsibilities under this Lease Agreement; and WHEREAS,Sections 6(a) and 6(d)provide for annual periodic rent adjustments including adjustments based upon"fair market rental value"(FMV)of the Premises, WHEREAS,Resolution 5457 amended the FMV adjustment schedule NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the Parties agree as follows: The following Paragraph 6(e)is hereby added to the Lease Agreement: 6(e) The 2020 FMV adjustment as defined in Section 5 of this Lease Agreement as amended will be implemented over two years in the following manner: (i) For the 2020 calendar year term the FMV adjustment will be charged at a per square foot rate of$0.715. (ii) For the 2021 calendar year term a rate of$0.825 per square foot will be charged in place of the scheduled CPI adjustment. All other terms and conditions of this Lease Agreement as amended shall remain the same. Second Amendment to Lease Agreement between COA& NW Hangars, LLC. Original Lease approved under Resolution NO. 3894 Dated and Signed on this day of 7 v ,i^n k€ , 2019 Auburn Flyers Condo III RanmOn M cfa✓lanPi re r uc- 5v 112 sS t Ccvurii o.(40 -ri Name: Title: STATE OF WASHINGTON ) ss. County of I tr ) The undersigned Notary Public hereby certifies: .t on this day of KO\f-ei 20 personally appeared before mel N a h . A J (name), i�.a . 4-it -} - In� ;! a 'title), to me known to be the individual(s)described in and who executed the within i f.trusnent, and acknowledged that he/she signed and sealed the same as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on hath.stated that he/she m as y a zed to execute said document on behalf of yUyv►�0`� In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Ali Notary-Public in and for th- Stat W of shington, TANYA KOCH %c Residing at il -L ( Sta eotary of W shinigton My commission expires 197b. Commission#145121 ( My Comm. Expires Sep 20, 2023 Second Amendment to Lease Agreement between COA& NW Hangars, LLC. Original Lease approved under Resolution NO.3894 City of Auburn WW Ma or: Nancy kus Approve,s to fo vab City Attorney: Steven L. Gross STATE OF WASHINGTON )ss. County of \•, c•cx The undersigned Notary Public hereby certifies: That on this—'J-day 20 \\,personally appeared before me rcLA 5 (name), (title), to me known to be the individual(s)described in and who executed the within instrument, and acknowledged that he/she signed and sealed the same as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on oath stated that he/she was duly authorized to execute said document on behalf of In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. CAMp 1/6 Notary Public in and for the State of Washington, g1oN e"11,, 4�/ Residing at = � �'.ir r_�a OjAR/- pfi e My commission expires off/1aQ :o ? G t Z •z- ii, wlkS\ Second Amendment to Lease Agreement between COA& NW Hangars, LLC. Original Lease approved under Resolution NO. 3894