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HomeMy WebLinkAboutAdden 2 sloeI*M01 LAG 14-005 Amendment 2-14 AMENDMENT TO LEASE AGREEMENT (City of Renton to Rainier Flight Service LLC) THIS AMENDMENT to Lease Agreement LAG 14-005 is effective as of the date of execution by THE CITY OF RENTON, a Washington municipal corporation (hereinafter "Landlord") and Rainier Flight Service, LLC, a Washington Limited Liability Company (hereinafter "Tenant"). RECITALS: WHEREAS, Landlord and Tenant entered into a Ground Lease dated November 1, 2014, LAG-14-005 on the premises described in Exhibit "A"; and WHEREAS, Tenant is seeking financing from Pacific Continental Bank; and WHEREAS, Tenant is requesting that the city execute a Landlord Subordination Agreement ("Subordination Agreement") be executed among Pacific Continental Bank, the Landlord, and the Tenant; and WHEREAS, Pacific Continental Bank will not agree to remove, at their expense, Collateral as defined in Exhibit 1 to the Subordination Agreement. And WHEREAS, the Landlord and Tenant desire to have the Tenant take on the responsibility of removing property, at the Landlord's discretion, at the termination of the Lease, NOW,THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE LANDLORD AND TENANT AS FOLLOWS: WITNESSETH: A: Section 18 of Lease Agreement LAG 14-005 is hereby amended to read as follows: Section 18. SURRENDER OF PREMISES: Tenant shall quit and surrender the Premises at the end of the Term in a condition as good as the reasonable use thereof would permit, normal wear and tear excepted. Alterations, additions or improvements which may be made by either of the parties hereto on the Premises, except movable office furniture or trade fixtures put in at the expense of the Tenant, shall be and remain the property of the Landlord and shall remain on and be surrendered with the Premises as a part thereof at the termination of this Lease without hindrance, molestation, or injury. Tenant shall remove from the Premises, upon request of the Landlord, movable office furniture or trade fixtures put in at the expense of Tenant. Tenant shall, at its sole expense, properly and promptly repair to Landlord's reasonable satisfaction any damage Amendment 02-14 to LAG 14-005 City of Renton to Rainier Flight Service LLC ORIGINAL to the Premises occasioned by Tenant's use thereof, or by the removal of Tenant's movable office furniture or trade fixtures and equipment, which repair shall include the patching and filling of holes and repair of structural damage. B. All remaining provisions of LAG 14-005, as previously amended, shall remain in full force and effect, insofar as not inconsistent herewith. Rainier Flight Service, LLC CITY OF RENTON a Washington Limited Liability Corporation a Municipal Corporation I GcVdon Alvord Denis Law Mayor Title \��`y�0Fu�R����/////. City lerk, J son A. Se � O'LoG� 2 _* SEAL Date J, TED �»Illl,'J'If;l i�IlII1'1,yite\. Appr d as to legal form City Attorney STATE OF WASHINGTON ) Amendment 02-14 to LAG 14-005 2 of 3 City of Renton to Rainier Flight Service LLC 4r' *Awe ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and s/he acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of , a , to be the free and voluntary act of such for the uses and purposes mentioned in the instrument. Dated this day of 12014. [Signature of Notary] [Print Name of Notary] Notary Public in and for the State of Washington, residing at My commission expires: Amendment 02-14 to LAG 14-005 3 of 3 City of Renton to Rainier Flight Service LLC za.zsa�wa rx.v.�w r --v:r•.g I - b.,1181HX3 - env - 1 = `t !� Q[1!C► 008 UDWd 3SV37 �II�L I i NOIN321d0 A-UD - — .-a Z r 4 Z f y ` t I ! C 2 �Ih At ce� N I raas•ro•n'E � ti c� 3 ?i :..723:59•- a m,cJ.- y za ,% z �, z g sown*, - � —&3 can i TIE! s wl C c Z C^ U 17 11 F 2 _ ri,"- z r z - F-I µ � o BLAG 14-005 Amendment 03-15 AMENDMENT TO BUILDING LEASE AGREEMENT City of Renton to Rainier Flight Service, LLC THIS AMENDMENT No. 3 to Lease Agreement LAG 14-005 is entered into as of February 1, 2015, by the City of Renton, a municipal corporation (Landlord) and Rainier Flight Service, a limited liability company (Tenant) and amends that certain lease agreement LAG 14-005, dated November 1, 2014. RECITALS: WHEREAS, under BLAG 14-005 dated November 1, 2014, the City of Renton (Landlord) had leased to Rainier Flight Services LLC (Tenant) certain land area and building space on the Renton Municipal Airport, Renton, Washington, until September 30, 2024; and WHEREAS, under BLAG 14-005, Tenant leases 88,601 square feet of land; and WHEREAS, under BLAG 14-005 the land rental rate was set at $0.75/sq. ft./year, and Tenant had paid said rental rate pursuant to lease LAG 14-005; and WHEREAS, after the Lessor and Lessee agreed to the land rental rate an arbitration was conducted; and WHEREAS, on January 8, 2015, a new land rental rate was established, through the lease arbitration process, at a rate of$0.7252 per square foot per year; and WHEREAS, the Lessor and Lessee desire to amend BLAG 14-005 to reflect this new land rental rate, effective retroactively to the commencement of the lease agreement, BLAG 14-005; a n d WHEREAS, the annual difference between 88,601 Sq.Ft. x $0.75 and 88,601 Sq.Ft. x $0.7252 is $2,197.30 ($66,450.75 - $64,253.45). The monthly amount of the differential is $183.11 (2,197.30/ 12). The refund amount is Seven Hundred Thirty Two dollars and Forty Four cents ($732.44) (4 months x$183.11), for the period beginning November 1, 2014 to February 28, 2015. The refund will be deducted from the land rental amount for March 2015. Amendment 03-15 to LAG 14-005 City of Renton to Rainier Flight Service LLC G I n 1 I V AL