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WAG-98-064, Adden #2 -11
March 25, 2011
Department of the Army
Seattle District, Corps of Engineers
ATTN: Real Estate Division
Post Office Box 3755
Seattle, Washington 98124 -3755
RE: Certification of Lands and Authorization for Entry to the Cedar River Levee located at River
Mile 0.2 on the right bank of the Cedar River in Renton, King County, Washington, Job No. CED -2-
09.
Dear Ladies and Gentlemen:
The City of Renton (hereinafter referred to as the "Public Sponsor ") has assumed full
responsibility to fulfill the requirements of non - federal cooperation specified in a Project
Cooperation Agreement (PCA) dated the 9th day of May 1998, with the United States of
America for Public Law 84 -99 levee rehabilitation effort along the right bank of the Cedar River
at river miles 0.2 in the City of Renton, King County, Washington, Job No. CED -2 -09.
Article II. D.2 and Article III of the PCA requires Public Sponsor to provide all lands
required for operation and maintenance of the entire 10,000 LF Cedar River 205 Levee Project.
This is to certify that the Public Sponsor has sufficient title and interest in the lands
hereinafter shown on Exhibit A, attached, in order to enable the Public Sponsor to comply with
the aforesaid requirements of non - federal cooperation.
Said lands and/or interest therein are owned or have been acquired by the Public Sponsor,
and are to be used for the construction, operation and maintenance of the above referenced
project and include but are not limited to the following specifically enumerated rights and uses,
except as hereinafter noted:
1. Perpetual Flood Protection Levee Easement -- A perpetual and assignable right
and easement in the land delineated on the attached location map, Exhibit A, by this reference
made a part hereof, to construct, maintain, repair, operate, patrol and replace a flood protection
levee, including all appurtenances thereto; reserving, however, to the owners, their heirs and
assigns, all such rights and privileges in the land as may be used without interfering with or,
abridging the rights and easement hereby acquired.
• •
2. Temporary Work Area Easement -- A temporary easement and right -of -way in,
on, over, and across the land delineated on the attached location map, Exhibit A, for a period not
to exceed one (1) year, beginning with date possession of the land is granted to the Grantee for
use by the United States, its - representatives, agents, and contractors as a work area, including the
right to deposit fill, material thereon move, store, and remove equipment and supplies, and erect
and remove temporary structures on the land and to perform any other work necessary and
incident to the construction of the Rehabilitation of Flood Control Works, Cedar River Levee,
Job No. CED -2 -09 together with the right to trim, cut, fell; and remove therefrom all trees,
underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of
the right -of -way; reserving, however, to the landowners, their heirs and assigns, all such rights
and privileges as may be used without interfering with or abridging the rights and easement
hereby acquired; subject however, to existing easements for public roads.
The Public Sponsor does hereby grant to the United States of America, its representatives,
agents and contractors, an irrevocable right, privilege and permission to enter upon the lands
hereinbefore mentioned for the purpose of prosecuting the project.
The Public Sponsor certifies to the United States of America that any lands acquired
subsequent to the execution of the PCA that are necessary for this project have been
accomplished in compliance with the provisions of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, (Public Law 91 -646) as amended by Title IV of the
Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100 -17),
and the Uniform Regulations contained in 49 CFR, Part 24.
CITY OF RENTON, WASHINGTON
By:
DENIS LAW
MAYOR
DATE: l!
Attest:
•D- l�G2J���
Bonnie I. Walton, City Clerk
2
0 -
ATTORNEY'S CERTIFICATE
RE: Certification of Lands and Authorization for Entry to the Cedar River Levee located at River
Mile 0.2 on the right bank of the Cedar River in Renton, King County, Washington, Job No. CED -2-
09.
I, L A -rre o-c-e- J- vJa t-er— , an attorney admitted to practice law in the
State of Wk sJ. , certify that:
I am the attorney for the City of Renton (hereinafter referred to as the "Public Sponsor ").
I have examined the title to (a"Ce C O Z 23 0!9,4) pr, y
[Parcel # (s)] of land identified by the U.S. Army Corps of Engineers as needed for the Cedar
River 205 Levee Project, Renton, Washington and included in the Certification of Lands and
Authorization for Entry document to which this Certificate is appended.
The Public Sponsor is vested with sufficient title and interest in the described lands
required by the United States of America to support the construction, operation, and maintenance
of the Cedar River 205 Levee Project.
There X are (see attached risk analysis) [ ] are no outstanding third party interests of
record that could defeat or impair the title and interests of the Public Sponsor in and to the lands
described, or interfere with construction, operation, and maintenance of the Project. Such
interests include, but are not limited to, public roads and highways, public utilities, railroads,
pipelines, other public and private rights of way, liens and judgments. To the extent, such
interests existed prior to acquisition of the described lands by the Public Sponsor such interests
have either been cleared or subordinated to the title and interests so acquired except as provided
in the attached risk analysis.
The Public Sponsor has authority to grant the Certification of Lands and Authorization
for Entry to which this Certificate is appended; that said Certification of Lands and authorization
for entry is executed by the proper duly authorized authority; and that the authorization for entry
is in sufficient form to grant the authorization therein stated.
DATED AND SIGNED at 004, , Wa , this /94"-day of MA4-ry._ 20 H.
arr=Warren
Attorney at Law
3
RISK ANALYSIS FOR OUTSTANDING
THIRD PARTY INTERESTS
RE: Certification of Lands and Authorization for Entry to the Cedar River Levee located at River
Mile 0.2 on the right bank of the Cedar River in Renton, King County, Washington, Job No. CED -2-
09.
There are outstanding third party interests of record in and to the lands required
for the Project. An evaluation of those interests is as follows:
1. IDENTIFICATION OF THIRD PARTY INTERESTS:
Please see attached.
2. ASSESSMENT: .(Discuss whether the exercise of that interest is
likely to physically impair the Project. Discuss the legal implications
if the interest is not cleared or subordinated. Discuss the practical
impediments to the exercise of the interest such as any required
permits, land use restrictions, or compensation.)
Please see attached.
3. PLAN TO RESOLVE: (Discuss recourse available to protect the
Project in the event the outstanding interest is exercised).
Please see attached.
Signe
DATE .3 — /IF
't 1
ARRY WARR
Attorney for City of Renton, Washington
11
RISK ANALYSIS FOR OUTSTANDING
THIRD PARTY INTERESTS
Re: Certification of Lands and Authorization for Entry to the Cedar River Levee located at River
Mile .02 on the right bank of the Cedar River in Renton, King County, Washington, lob No. CED-
2-09.
There are third party interests of record in and to the lands required for the Project. An
evaluation of those interests is as follows:
1. Identification of Third Party Interest
2. Assessment
3. Plan to Resolve
Exception 4: Recording Number 8711300018
1. Boeing Employees Flight Association Inc. lease.
2. Relates to property on the Airport, on the West side of the Cedar River.
3. No action necessary.
Exception 7: Recording Number 5450401
1. Easement granted to Municipality of Metropolitan Seattle for sewer line and facilities,
under Lake Washington, from Foss Launch & Tug.
2. Relates to property not within the Project area.
3. No action necessary.
Exception 8: Recording Number 5450402
1. Easement granted to Municipality of Metropolitan Seattle for sewer line and facilities,
under Lake Washington.
2. Relates to property not within the Project area.
3. No action necessary.
1
Exception 9: Recording Number 5514905
1. Easement granted to Municipality of Metropolitan Seattle for sewer line and facilities.
2. Relates to property not within the Project area; retains rights to use the surface area.
3. No action necessary.
Exception 10: Recording Number 6188147
1. Exceptions and reservations in deed from the State of Washington of all oil, gas, coal,
ores, minerals, fossils, etc., and right of entry of Block A.
2. No action pending to exploit the rights.
3. The City will negotiate with the State to delay any exploration or exploitation of the
right should it appear to be starting.
Exception 11: Recording Number 6364405
1. Exceptions and reservations in deed from the State of Washington of all oil, gas, coal,
ores, minerals, fossils, etc., and right of entry of Block B.
2. No action" pending to exploit the rights.
3. The City will negotiate with the State to delay any exploration or exploitation of the
right should it appear to be starting.
Exception 12: City of Renton Ordinance Number 2988
1. Annexation ordinance.
2. No impediment to the Project is contained in the ordinance.
3. No action required.
Exception 13: Recording Numbers 9209171541, 9606110277 and 9609040765
1. Recreational trail easement.
2. Relates to property outside the Project area.
3. No action required.
2
Exception 14: Recording Number 9209171553
1. Bridge permit for Boeing Commercial Airplane Group and Amendment to Bridge Permit.
2. Relates to property outside the Project area.
3. No action required.
Exception 16: Recording Number 20040907001717
1. Easement to King County for utilities /sewer interceptor and appurtenances.
2. Relates to property not within the Project area. As builts show the sewer line in the
Project area is within the right of way to Riverside Drive. The staging area has fencing
that might be adjacent to or over the sewer line. However, the sewer line is covered by
soil and pavement.
3. No action is necessary. If the contractor feels any need to protect the area, it may cover
the area with metal sheets.
Exception 18: Recording Number 20051208000280
1. Restrictive covenant to Washington State Department of Ecology.
2. Imposes institutional controls on the subject property incident to remedial actions listed
in the document. The covenant specifically allows excavation and emergency repairs for
levee protection and allows actions to preserve and maintain the levees as directed by
the Army Corps of Engineers under the subject May 9, 1998 contract between the Army
Corps of Engineers and the City.
3. No action required.
Exception 20: Recording Number 20070419001710
1. Easement to King County for utility /sewer interceptor and appurtenances.
2. Apparent rerecording of Exception 16 with same date, language and exhibits.
3. No action necessary per comment to Exception 16.
3
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CEDAR RIVER 205 LEVEECED -2 -09 u .s.ARMY ENGINEER DISTRICT. SEATTLE
CORPSOFENGINEERS
SEATTLE. WASHINGTON
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TECHNICAL RESOURCES
CADASTRAL
KING COUNTY PN: 322"0 WASHINGTON
VI
VARIOUS MODIFICATIONS PER J. FITZGERALD 0141:11 N
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• Pacific Northwest Title Company is
215 Columbia Street
Seattle, WA 98104
Title Officer, Curtis Goodman (curtisgoodman@pnwt.com)
Assistant Title Officer, Rob Chelton(robchelton@pnwt.com)
Unit No. 12
FAX No. (206)343 -1330
Telephone Number (206)343 -1327
City of Renton Legal Department
100 South 2nd Street
Renton, WA 98055
Attention: Stephanie Rary
LIMITED LIABILITY CERTIFICATE
SCHEDULE A
Effective Date: March 03, 2011 at 8.00 a.m.
Liability:
$ 5,000.00
Charge:
$ 500.00
Tax:
$ 47.50
Title Order No.: 1151515
Customer Ref: 072305 -9096
1. The estate or interest in the land described herein and which is covered by this certificate is:
FEE SIMPLE
2. The estate or interest referred to herein, according to the public records, is at Date of Certificate vested in:
City of Renton, a municipal corporation
3. The land referred to in this certificate is situated in the State of Washington, and described as follows:
SEE EXHIBIT A ATTACHED
Page 1 - Order No. 1151515
Sacific Northwest Title Company is
EXHIBIT A
Order No.: 1151515
Legal Description:
PARCEL 1:
That portion of the East half of Section,7, Township 23 North, Range 5 East, W.M., in King County, Washington
known as the former Cedar River Waterway (Commercial Waterway No. 2) and depicted on Record of Survey
recorded January 10, 2005 under recording no. 20050110900004 (2005 Survey);
EXCEPT that portion lying westerly of the west line of Lease Areas 1 through 6, depicted on said 2005 Survey by
dotted line approximately 70 feet easterly of and parallel to the centerline of Commercial Waterway No. 2 (surveyed
by H.W. Rutherford, 1944) and said centerline produced southeasterly, as shown on said 2005 Survey;
AND EXCEPT that portion lying southerly of the following described line:
Beginning at a concrete and brass monument in the centerline of North 6th Street marked "370 Reset 1999 ", shown
on said 2005 Survey;
thence northwesterly in a straight line to a point marked by concrete and brass monument "32429" shown on said
2005 Survey, which point is distant 150 feet from, and opposite Commercial Waterway No. 2 centerline survey
station 85 +03.3, said point also being the TRUE POINT OF BEGINNING of this line description;
thence southwesterly in a straight line to said survey station 85 +03.3, and the terminus of line description.
PARCEL 2:
Blocks A and B, Third Supplemental Map of Lake Washington Shore Lands, according to the official maps thereof
on file in the Office of the Commissioner of Public Lands in Olympia, Washington.
Tax Account Number:
072305- 9096 -07
* ** END OF EXHIBIT A * **
Page 2 - Order No. 1151515
Oacific Northwest Title Company •
LIMITED LIABILITY CERTIFICATE
SCHEDULE B
Page 3
A. GENERAL EXCEPTIONS
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be
ascertained by an inspection of said land or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a
correct survey would disclose, and which are not shown by the public records.
5. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter
furnished, imposed by law and not shown by the public records.
6. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the
issuance thereof, (C) Water rights, claims or title to water; whether or not the matters excepted
under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations,
Indian Treaty or Aboriginal Rights, including easements or equitable servitudes.
Any service, installation, connection, maintenance, construction, tap or reimbursement charges /costs for
sewer, water, garbage or electricity.
B. SPECIAL EXCEPTIONS: As on Schedule B, attached.
Page 3 - Order No. 1151515
Oacifle Northwest Title Company 0
SCHEDULE B - continued
Order No.: 1151515
SPECIAL EXCEPTIONS:
1. This report is restricted to the use of the addressee, and is not to be used as a basis for closing any transaction
affecting title to said property. The liability of the Company is limited to $5,000.00.
2. The property herein described is carried on the tax rolls as exempt; however, it will become taxable from the date of
transfer to a taxable entity.
Tax Account Number: 072305- 9096 -07
3. Special taxes and charges for the year 2011. The first half becomes delinquent after April 30th. The second half
becomes delinquent after October 31 st.
Tax Account No.: 072305- 9096 -07
Levy Code: - 2100
2011 Total Tax Principal: $ 13.75
1st Half
Amount Billed: $ 6.88
Amount Paid: $ 0.00
Amount Due: $ 6.88
2nd Half
Amount Billed: $ 6.87
Amount Paid: $ 0.00
Amount Due: $ 6.87
2011 Remaining Balance: $ 13.75
4. A lease and the terms and conditions thereof.
Lessor: City of Renton, a municipal corporation
Lessee: Boeing Employees Flying Association, Inc.
Term: 33 years, together with the option to renew for an additional term of 10
years
Dated: January 01, 1987
Recorded: January 13, 1987
Recording Information: 8711300018
Affects: A portion of Parcel 2 and other property
5. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants,
and secured parties to remove trade fixtures at the expiration of the term.
6. Any question as to the exact area and boundary of the property herein described. The west line of said premises is
depicted on, but not described by, Survey recorded January 10, 2005 under recording no. 20050110900004.
Page 4- Order No. 1151515
Oacific Northwest Title Company •
Easement, including terms and provisions contained therein:
Recording Information: 5450401
In Favor of Municipality of Metropolitan Seattle
For: Sewer line and facilities
Affects: A 10 -foot strip through Parcel 2, as described and/or delineated in
document
Easement, including terms and provisions contained therein:
Recording Information: 5450402
In Favor of Municipality of Metropolitan Seattle
For: Sewer line and facilities
Affects: A 10 -foot strip through Parcel 2, as described and/or delineated in
document
9. Easement, including terms and provisions contained therein:
Recording Information: 5514905
In Favor of Municipality of Metropolitan Seattle
For: Sewer line and facilities
Affects: A 10 -foot strip through Parcels 1 and 2, as described and/or delineated
in document
10. Exceptions and reservations contained in deed from the State of Washington, whereby the Grantor excepts and
reserves all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working
the same and providing that such rights shall not be exercised until provision has been made for full payment of all
damages sustained by reason of such entry; recorded under Recording Number 6188147.
NOTE: No examination has been made to determine the present record owner of the above minerals, or mineral
lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved.
Right of State of Washington or its successors, subject to payment of compensation therefor, to acquire rights of
way for private railroads, skid roads, flumes, canals, water courses or other easements for transporting and moving
timber, stone, minerals and other products from this and other property, as reserved in deed referred to above.
Affects: A portion of Parcel 2
11. Exceptions and reservations contained in deed from the State of Washington, whereby the Grantor excepts and
reserves all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working
the same and providing that such rights shall not be exercised until provision has been made for full payment of all
damages sustained by reason of such entry; recorded under Recording Number 6364405.
NOTE: No examination has been made to determine the present record owner of the above minerals, or mineral
lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved.
Right of State of Washington or its successors, subject to payment of compensation therefor, to acquire rights of
way for private railroads, skid roads, flumes, canals, water courses or other easements for transporting and moving
timber, stone, minerals and other products from this and other property, as reserved in deed referred to above.
Affects: A portion of Parcel 2
Page 5 -Order No. 1151515
12.
13.
14
15
Oacific Northwest Title Company •
Ordinance No. 2988 of the City of Renton Annexing Certain Territory to the City of Renton
Recorded:
Recording No.
Affects:
August 4, 1977
7708040615
Parcel 2
Terms, conditions and restrictions regarding the use of Block B, Third Supplemental Map of Lake Washington
Shore Lands, contained in agreement and amendments thereto recorded under recording nos. 9209171541,
9606110277 and 9609040765.
Unrecorded Bridge Permit and the terms and conditions thereof.
Disclosed by instrument
Recorded:
Recording No.:
September 17, 1992
9209171553
Amendment to Bridge Permit and the terms and conditions thereof:
Recorded: September 17, 1992
Recording No.: 9209171553
Conditions, notes, easements, provisions and/or encroachments contained or delineated on the face of the
Survey recorded under Recording Number 20000314900001, in King County, Washington.
16. Easement, including terms and provisions contained therein:
Recording Information: 20040907001717
In Favor of. King County
For: Utilities /sewer interceptor with necessary appurtenances
Affects: Portions of said premises, as described and/or delineated in document
17. Conditions, notes, easements, provisions and/or encroachments contained or delineated on the face of the
Survey recorded under Recording Number 20050110900004, in King County, Washington.
18. Declaration of Restrictive Covenants
Recorded: December 8, 2005
Recording No.: 20051208000280
19. Conditions, notes, easements, provisions and/or encroachments contained or delineated on the face of the
Survey recorded under Recording Number 20060209900003, in King County, Washington.
20. Easement, including terms and provisions contained therein:
Recording Information: 20070419001710
In Favor of King County
For: Utilities /sewer interceptor with necessary appurtenances
Affects: Portions of said premises, as described and/or delineated in document
21. Rights of the public to use any portion of said premises dedicated to the use of or set aside for airport purposes,
roadways, recreational trails and facilities or other public purposes.
Page 6 - Order No. 1151515
*adfic Northwest Title Company •
22. Any unrecorded permits, licenses, leases, easements and agreements entered into by the City of Renton pertaining to
the use of North Riverside Drive by other parties for water, sewer, gas and petroleum pipelines, electric lines and
other utilities, telephone, or communications services and equipment.
23. Right of the State of Washington in and to that portion, if any, of the property herein described which lies below the
line of ordinary high water of the Cedar River.
24. Any prohibition of or limitation of use, occupancy or improvement of the land resulting from the rights of the public
or riparian owners to use any portion which is now or has been formerly covered by water.
25. Paramount rights and easements in favor of the United States for commerce, navigation, fisheries and the production
of power.
* ** END OF SCHEDULE B * **
Page 7 -Order No. 1151515
NOTES:
pacific Northwest Title Company
The vestee(s) herein acquired title by instrument(s) recorded under Recording Number(s) 6188147 and 6364405,
and by decree entered in King County Superior Court Cause No. 494024.
2. An examination of the record disclosed no record perimeter legal description for the property under search.
The legal description shown in Schedule A is made in reliance upon Survey recorded under recording no.
20050110900004 and should be examined and approved by the parties to this transaction prior to recording.
JM/JM
Page 8 -Order No. 1151515
LAC #001 -87
•
LEASE AGR£EPOW -r _-
' (City of Renton to Boeing Employees Flying Association; Inc.).
r).
<�
co THIS INDENTURE OF.LEASE executed in triplicate, effective as of
January 1, 1987, by and betwe6% the CITY OF REWW a municipal corporation,
hereinafter referred to as Lessor; and BOEING EMPLOYEES FLYING ASSOCIATION,
INC. hereinafter referred to as Lessee:
WITHESSETH-
(h 1. PREMISES LEASED: In consideration of the covenants and
to agreements of the Lessee hereinafter set forth. Lessor does hereoy lease and
l demise unto Lessee the following described unimpro.,2d parcels of real estate
accepted by the Lessee in their 'as is' condition, being located within. the
confines of the Renton Airport, Renton, King County, Washington, to -wit:
S n See Exhibit " ' Legal Description and Exhibit "B" Lease
�V Map attached hereto and made a part hereof as if fully
set forth herein, describing: basic ground lease area
and Parking Lot B.
SUBJECT to restrictions and reservations of record and as further set
forth herein;
Together with the privilege of Lessee to use the public portion of
the airport, including runway and other public facilities provided thereon, on
a non - exclusive basis, and subject to such rules and regulations as pow exist
or may hereafter be eror-lgated by the Lessor from.time to time, and further
subject to all such non - ,.incriminatory charges and fees for such use as may be
-
I established from time to ti,:e by lessor; on the terms and conditions herein -
a`ter set forth for a period of thirty -three years commenciro on the lrt day of
January, 1987 and terminating on the 31s'. day of December Z019, subject to the
conditions, uewever, specified in paragraphs 17 and 18 hereinbeiow.
2. RENTAL PX-AMS: As rental fee the above- described premises
curing said initial lease term, Lessee shall and will pay unto Lessor a monthly
rertal z detailed below, payable promptly in advance on the first day of each
and every month, and as further set forth in paragraph 18 hereinbelow. All
such payments shall,be made to the Director of Finance, Municipal 8,61ding,
: Renton, Washington. Initial lease 'erm for Rates listed below shall be
JANUARY 1, 1987 through •' .Y 31, 1990.
REdTAL PAvMr "!jT A,IHEDULE
s
3asic Ground Lease Area - 124,837.90 sq. ft.
Parking Lot A 7.200.00 sq. ft.
SUBTOTAL 132,037.90 sq. ft. 2 $.14 sq.ft.per year
$ 1,540.44 per month, plus
Szaplane Ramp Rcrtal = J 138.13 per ewnth
TOTAL - $ 1,578.57 per month (plus Leasehold Tax)
LAG /00I -87
LATE PAYMENT DUNES It is hereby further agreed that if such .
rental- is not paid before the 10th of each month then there would be added a
late payment charge of S% per month from the Ist of the month- It is agreed
that this late payment charge is a reasonable estimate of the increased cost to
the City of the staff effort to monitor and collect on late payments as well as
related City expenses due to such late Pzrment.,
ATTORNEY'S FEES AND COLLECTIONS: Should i� V 'fit^ - -sary to refer
this lease to any attorney for collection, litigation, or other court action
involving breach or lease occupancy after termination, enforcement of any other
right and duty under this lease then it is agreed that the prevailing party at
litigation should be entitled to reasonable attorney's fees to be established
by the Court. If the matter, is not litigated or resolved through a lawsuit,
then any attorney's fees exenses for collection of past due rent or
enforcement of any right or duty hereunder shall entitle the City to recover,
8 in addition to any late payment charge, any costs of collection or enforcement
including attorney's-fees.
-- 3. PURPOSE OF USE: Above - described premises and the structures
located thereon are leased to the LeSseL for the following described purposes:
co
Operation of Flight Training and Aircraft Storage
Facilities, together with aircraft repair and mainten-
ance, management of leased Seaplane Ramp, and fuel service_
Lessee covenants that the premises shall be continuously used for those
purposes during the term of the lease, shall not be allowed to stand vacant or
idle, and shall not he used for any other purpose without Lessor's written
consent first !saving been obtained. Consent of Lessor to other types of
activities will not be unreasonably withheld. No advertising matter or signs
shall be at any time displayed on the leased premises or the structures thereat
witha••t the written approval of Lessor.
4. MAINTENANCE OF PREMISES: The leased premises and all the
improvements or structures thereon shall -be used and maintained by Lessee in a
neat, orderly and sanitary manner; and shall be kept well painted by Lessee in
such prevailing color scheme as may be from time to time established and
required by Lessor for suctr Airport so that the leased premises and structures
located thereon shall be kept and operated in a reasonable harmony with other
;tri-ctures and color schemes on said Airport. Lessee further covenants to keep
and operate the leased premises and all structures, improvements, and
activities .in•coiiformity with all rules, regulations and laws njw or.hereafter
adopted by Lessor City or the Civil Aeronautics Authority or State Aeronautics
Commission, or other duly constituted governmental authority, all at Lessee's
cost and expense:
5. TITLE TO IMPROYEIIENe'S: As further consideration for this Lease,
it is stipuiated and agreed that at the expiration of the renewed term of this
Lease as provided in paragraph I herein contained or at any other termination,
of this lea -e, ail structures and any and all improvements of any character
whatever installed on the leased premises shall be and become the property of
the Lessor City ai:. tftle thereto shall pass and revert to Lessor City at such
termination, and none of such improvements now or hereafter placed on the
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LAS 100I -87
leased premises shall be removed therefrom at any time without Lessor's written
cca5ert. The Lessor shaii have the alternative, at its option, to require
Lessee to remove any and all. improvements and structures from the demised
premises and repair any damage caused thereby, at Lessee's expense.
6. IiLPROVELIEWS: Lessor shall 'not be called upon to make any
improvements. alteration or repair of any kind upon said premises. and Lessee
covenants Shat he will not permit any waste, damage or .injury to the premises
or improvements, nor to allow the maintenance of any nuisance thereon, nor the
use thereof for any illegal purposes or activities, nor for any purpose or
operation preventing the maintenance of fire insurance on the said improvements
or activities.
7. CHARGES PAID BY LESSEE: Lessee further agrees to pay, in
addition to the rentals hereinabove specified and other charges hereinabove
co defined, all .fees and charges now in effect or hereafter levied or established
by Lessor City; or its successors, or by any other governmental agency or
authority, being or becoming levied or charged against the premises,
structures, business operations or activities conducted by or use made by
CS Lessee cr, on and from 'the leased premises which shall include but not be
limited to all charges for light, heat, gas, power, garbage, water and other
1` utilities or services rendered to said premises. Lessee hereby agrees and
CD covenants to pay unto Lessor that certain Leasehold Excise Tax as established
by Chapter 51, Laws of 1765 -76, 2nd EX Session (44th Legislative Session) which
said tas :'call be in addition to the stipulated monthly rental and be, paid
separately to the Director of Finance, City of Renton, at the saw time the
monthly rental is due. In the event that the State 'of Washington or any other
governmental authority having jurisdiction'thereover shall hereafter levy or
impose any similar tax or 'charge on this, Lease or the leasehold estate th -In
Lessee agrees and covenants to pay s-A d tax or charge, when due. Such tax or
charge shall be in addition to the regular monthly rentals.
B. HOLD HARMLESS: Lessee covenants to indemnify and save harmless
_essor City against any and all claims arising from the conduct and management
of, or from any work or thing whatsoever done in or about, the demised premises
or the improverents or equipment thereof during said Lease term, or arising
from any act or negligence of the Lessee or any of its agents, contractors,
patrons,.cestomers or employees, or arising from any accident, injury or . damage
whatsoever, however raused, to any person or persons, or to the property or any
person, persons or corporation occurring during said term on, in or about the
leased premises and from and against all costs, attorney's fees, expenses and
liabilities incurred in or from any such claims or:any action or proceeding be
brought against the Lessor City by reason of any such claim, Lessee, on notice
from Lessor, shall resist, defend or settin such action or proceeding
forthwith.
9. RISK OF DAMAfE OR LOSS: It is further agreed that all personal'
property in said demised premises shall be at the risk of Lessee only and that
Lessor or Lessor's agents 'shall not be liable for-any damage either t, personal
property, sustained by Lessee or other persons, due to the buildings or said
demised premises or any part or appurtenance thereof becoming out of repair.
10. LIA21LITY INSURANCE: Lessee shall keep in full force and effect
at all times during this Lease term adequate public liability and property
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•
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I
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LAC #OGI -87
of any of the covenants and agreements in this Lease contained on the part of
the Lessee to be kepi and performed, or if Lessee shall fail to comply with any
of the statutes, ordinances, rules, orders, regulations and requirements of the
Federal, State and City Government, or if Lessee shall file a petition for
bankruptcy or be adjudicated a bankrupt, or make assignment for the benefit of
creditors or take advantage of any insolvency act, the Lessor may. if it so
elects, at any time thereafter terminate this Lease and the term hereof, on
giving to the Lessee tea (10) days notice in writing of the Lessor's intention
so to do. Upon the expiration of said ten (10) day notice, this Lease and the
term hereof together with any and all other rights and options of Lessee herein
specified, shall expire and come to an end on the day fixed in such notice,
except that Lessee's obligation and liability for any unpaid rentals or other
charges heretofore accrued shall remain unabated. Lessor say thereupon re-
enter said premises with or without due process of law, using such force as may
be necessary to :-emove all persons or chattels therefrom, and Lessor shall not
CD be liable for damages by reason of such re -entry or forfeiture.
O
shall be 14. All terms, conditions and provision of this lease agreement
binding upon Lessee, his successors and assigns, if any.
15. CONDOWTION: If the whole or any substantial part of the
n premises hereby leased shall be condemned or taken by any County, State or
co federal authority for any purpose, then the term of this Lease shall -ease on
the part so taken from the day the possession of that part shall be req_ired
fr^ any ourpose and the rent shall be paid up to that date, and from that day
the Lessee or Lessor shall have the right to either cancel this Lease and
declare the same ncll ar.! void; or to continue ip. the possession of the
remainder of the same under the terms herein provided, except that the rent
shall be reduced in proportion to the amount of the premises taken for such
public purposes. All damages awarded for such taking for any public - urFose
shall belong to and be the property of the Lessor, whether such danage shall be
awarded as compensation for the dimin tion in value to the leasehold or to the
fee of the premises herein leased.
16. NOTICES: Any notice required tc be given or served in
accordance with the provisions of this Lease shall be sufficiec'ly given and
served if delivered in writing to a party, or if sent by registered marl,
postage prepaid, to the other party's last Known mailing address.
17. RENTAL RENEGOTIATION: Said rental payments as specified in
paragraph 2 hereof shall continue until the thirty -first day of May 1990.
Effective as of said date, and every consecutive three (3) years , said r ital
rate as hereinabove specified shall be readjusted by ar,d between. the Parties to
be effective for each ensuing three (3) However, the City retains the option
of renegotiating every five (5) years, at its sole discretion. Minimum base
rental for any extended period, that is after May 31, 1990, shall not be less
than the aforespecified rental of $1,678.57 per month. If, however, the
parties are unable to agree upon such adjusted rental for the ensuing three
(3) five period, within thirty (30) days prior to the commencement of each
such consecutive three (3) year period, then the parties shall submit the
matter of rentals for such ensuing three (3) year period to arbitration.
Lessee shall select one arbitrator and Lessor likewise select one and the two
so chosen, if unable to agree within a period of thirty (30) days after such
appointment, shall select a third one and the decision of the majority of such
-5-
LAG !001_87
arbitrators-shall be final and binding upon the parties hereto. The
arbitrators shall be experienceu real esLatP appraisers and be knoviedgeable in
the field of comparable rentals and use charges in King County and shall
likewise give due consideration to any change in economic conditions from the
preceding rental-period. Each party shall pay for and be responsible for the
fees and costs charged by the arbitrator selected by hip. and the fee of the
third arbitrator, if any, shall be shared equally between them. Leasehold
improvements made by the L_ssee shall not be considered as part of the leased
premises for the purpose of future adjustments or readjustments of the
aforesaid rental rates. The arbitrate, shall make the decision in writing,
within sixty (60) days after their appointment, unless the time is extended by
the agreement of both parties. The readjusted rental in each case, whether
determined by arbitration or by agreement of the parties themselves, shall be
effective as of the co!mnencement of each such three (3) year rental terms.
co
18. SURRENDER OF PREMISES: Lessee shall quit and surrender the
c2�=55{ premises at the end of the term in as good a condition as the reasonable use
ther--of would permit and shall not make any alterations, additions or
improvements to the premises without the prior written consent of the Lessor;
all alterations, additions or improvements which may be made by either of the
r` parties hereto on the premises, except movably office furniture or trade
N fixtures, put in at the expense of Lessee, shall be and remain the property of
the Lessor 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.
19. FIRE INSURANCE: Lessee further agrees ir. add4tion to the
insurance requirements herein set forth, to take out and keep in full force and
effect during the full term ,f this Lease, or any extension or renewal thereof,
a policy or policies of fire insurance, together with extended coverage, in
standard form, in a company or companies acceptable to and approved by Lessor
and in an amount at least egral to the replacement cost of such improvements;
such policy or policies shah; name the Lessor as an additional insured as its
interest may appear, and true copies of such policy or policies or a
certificate of insurance evidencing such coverage shall be promptly furnished
unto Lessor at all times. Such policy shalt not be canceled or voided unless
at least ten (10) days' written notice pricy thereto has been furnished unto
Lessor.
20. HOLDING OVER: If, without execution of any extension or
renewal; Lessee should remain in possession of the premises after expiration or
termination of the terms of this Lease, then Lessee shall be deemed to be
occupying said premises as a tenant from month to month. All the conditions,
terms and provisions of this Lease, insofar as applicable to a month -to -month
tenancy, shall likewise be applicable during such period.
21. WAIVER OR BREACH: It is further covenanted and agreed between
the parties hereto that no waiver by Lessor of a breach by Lessee of any
,:ovenart, agreement, stipulation or condition of this Lease shall be construed
to be a waiver of any succeedinc breach of the same covenant, agreement,
stipulation or condition or a breach of any other covenant, agreement,
stipulation, or condition; also that all covenants, conditions, and agreements
herein contained shall extend to and be binding on the heirs, executors,
administrators, successors and assigns of the parties hereto. The acceptance
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4.4 a - -, .. ' ..
LAG #901 -87
by the Lessor of rent after any breach by the Lessee of any covenant or
condition by Lessee to be performed or obseeved shall be construed to be
payment for the use and occupation of the demised premises and shall not waive
any such breach or any right of forfeiture arising therefrom'.
22. NOTICES: All notices under this Lease shall be in writing and
delivered in person or sent by certified or registered mail unto Lessor at the
following address, to-wit-
Airport Director
Renton Municipal Building
Renton, Washington 98055
and in case of any notice unto Lessee, then to the premises leased hereunder,
�p or such address as may hereafter be designated by either party in writing.
23. OPTION TO RENEW: In the event that Lessee has fully and
faithfully complied with -all the terms and conditions of this Lease Agreement,
n then in such event Lessor grants unto Lessee the right and option to renew or
extend this Lease for a further term of ten (10) years. The rental for each
three (3) year period (or partial period) shall be ascertained as set forth in
co paragraph 17. Notice of the exercise of such option shall 'be given by Lessee
unto Lessor zt least ninety days prior to'the expiration of the original term
of this Lease, which notice must be in writing; and it is expressly agreed by
and between the parties hereto that time is of t'te essence in the giving of
said notice.
24. NON- DISCRIMINATION: Lessee covenants and agrees not to
'discriminate against any person or -class of persons by reason of race, color,
creed, national or ?gin, mental sensory or physical handicap in the use of any
of its facilities provided for the public in the Airport. Lessee further
agrees to furnish services on a fair, equal and not unjustly discriminatory
basis to all users thereof, and to charge fair, reasonable and not unjustly
discriminatory basis for each unit of service, provided that Lessee may make
reasonable and non - discriminatory discounts, rebates or other similar types of
price reductions to volume purchasers.
CITY OF RENTON, A Municipal
C'oorrp orrAtion
BOEING EMPLOYEES FLYING ASSOC_ -INC. Mayor
Pro tem
�L
LpeSEE LESSOR 7 —17--,,1"7 City Clerk
APPR05(" AS TO LEGAL, ,y '
tV��1
City Attorney
.7-
LAG #001 -81
STATE Of WASHINGTON)
)ss
CCUM OF KIM
THIS is to certify that on this-day of _I9$7
before me, the undersigned Notary Public, personally appeared
and to me known to be the -tV _
U C !`
Z and _,4— acknowledged to me that -k� executed the foregoing instrument for
said as its freezand voluntary act and deed, for
uses and purposes therein stated, and upon oath stated that such execution of
said instrument by _b..M is duly and regularly authorized.
GIVEN under my hand an official seal the date last above stated.
Notary Public in and for th;"�State
of Washington, residing
-9-
LAG #001 -E7
STATE Of VASNINGTOK )
-ss
COUNTY OF KI%G i
This is to certify that cn this day of J LI(y
befoorre[ ■e, the undersigned Notary Public, personally appe'Sred
InarhgS �t�- '—Fr;mryl and Maxlhe- k4or
to we known to be the duly qualified and acting Mayor and City Clerk
respectively, of the City of Renton, Washington, and acknowledged that they
executed the above and foregoing instrument for the City of Renton as the free
and voluntary act and deed of said City for the uses and purposes therein set
forth, and upon oath stated that such execution of said instrument by them is
duly and regularly authorized and that the seal attached thereto is the
CO corporate seal of the City of Renton.
Given under my hand and official. seal this day of Jw Ig 8%
co J
Notary Pufiin and for ti.e Sta *.e
of Vashinesiding at lteat=4")I �scvciy
LAC 001 -87
EXHIBIT "A"
BOEIMC EMPLOT'fFS FLMTyC, 4cennTeTT9a
1. BASIC GRO0110 LEASE AREA:
That portion of the Northwest Quarter Of Section 17, Township North
Range 5 East K.M. described as follows:
Commencing at a point 10 feet northerly of the intersection of the
West Hergin o! Lake Avenue South (formerly Lake Street) with the
centerline of Airport Way S. (formerly Dixie Avenue According to the plat
of Renton Real Estate First Addn. as recorded in Volume 21, Page 50
Q Records of King County Washington);
Thence South 87 *30'171 Zast on 5 line 10 feet North of and parallel
—' to the centerline of Airport Way South a distance of 286.31 feet to its
Intersection with the southerly extension of the centerline of the
existing runway of the City of Renton Airport-,
Then.: along said runway centerline North 4'49'43' West a distance of
294.7A feet to a ;point referred to as Runway Station 0 +00;
Thence North 4'49143' West a distance of 4272.63 feet;
Thence South 85'10'17" West a distance cf 375.00 feet to the True
Point of Beginning;
Thence r7uth 84'50.50" West a distance of 373.0: feet;
Thence North 2'05.50" East a distance of 109.17 feet;
Thence North 00'10'25" East a distance or YO.06 feet;
Thence North 1'31'17" West a ...:a^ce of 159.48 feet;
Thence North 4'53'45" East a distance of 14.99 feet;
Thence North-85'10'17' East a distance of 170.00 feet;
Thence South 4'49'43^ East a distance of 40.00 feet;
Thence North 85'10 17" East a distance of I70.18 feet;
Thence South 4'49143" East a distance of 330.07 feet to the True
Point of Beginning.
TOTAL BASIC GROUND LEASE AREA: 124,837.90 sq:lare feet.
LAG 001 -87
EXHIBIT •A•
Boeing E#ployees Flying Association
Page Two
2. PARKING LOT A:
Beginning at a point located on the Renton Airfield Runway Centerline
referred to as STA 0.00;
Thence North 4'49'43' Kest along the-runway centerline a distance Of
4,443.19 feet;
Thence South 85'10117• Westerly a distance of 770.72 feet to a point
Intersecting the center line of Perimeter Road; thence continuing along t.ke
centerllne of Perimeter Road South 1'34102" Easterly a distance of 220.00
�p feet;
Thence South 88'25'58" Westerly a distance of 14.00 feet to the True
Point of Beginning;
Thence South 88'15'58 Westerly a distance of 45.00 feet;
f` Thence North 1- 34102" Westerly a distance of 160.00 feet;
CO Thence North 88'25138" Easterly a distance of 45.00 .feet;
Thence South 1'34102• Easterly a distance of 160.00 feet to the True
Point of Beginning.
TOTAL AREA PARKING LOT A: 7,200.00 square feet.
3. KILL. ROGERS -wiLEY POST SEAPLANE BASE RAMS AREA, oescri0ed as follows:
Beginning at a point located on the Renton Rirfield Runway centerline
referred to as STA 0.00;
Thence North 4'49'43" West along the'runway centerline a distcZe of
5,262.50 feet;
Thence South 85'10'17" West a distance of 300 feet;
Thence North 4'49'43" West a distance of 143.98 feet to the T.P.O.B.,
said poSnt also being the Northeast corner of the Airport Restaurant;
Thence Nort1 87'20.55" west along the Northerly property line of the
Airport Restaurant a distance of 161.50 feet;
QQ_00
l.J
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Co
LAG 001-87
EXNIBIT.-A•
Boeing Employees Flying Association
Page Three
3. WILL ROGERS -WILEY POST SEAPLANE BASE RAMP AREA Continued
Thence North 02'39'45" East a distance of 20.00 feet;
Thence South 87'20'55• East a distance of 223.18 feet;
Thence South 02'39.05" West a distance of 20.00 feet;
Thence North 87'20 55" West a distancc of 61.68 feet to the True
Point of Beginning.
TOTAL AREA SEAPLANE BASE RAMP: 4,463.66 square feet.
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