HomeMy WebLinkAboutAdden 04 LAG-84-006
Addendum #4-94
INTERIM SUBLEASE
This Interim Sublease, dated3,01\*... 2.1 , 1994, is by and among
Plane Space Investments, Inc., a Washington corporation ("Plane Space"); Paul W.
Brendle, II and JoAnne Brendle, husband and wife (the "Brendles"), and Puget
Sound Industries, Inc., a Washington corporation ("Industries"), jointly and
severally, (collectively, "Tenants").
Recitals
A. Plane Space is the lessee under Lease Agreement No. LAG 006-84 (the
"Lease") dated as of September 1, 1984, between Plane Space and the City of
Renton, Washington (the "City"), as lessor, affecting the real property (the
"Leasehold Property") described in the Lease, a copy of which is attached as Exhibit
A.
B. Plane Space and Tenants have entered into a Business Assets
Purchase and Sale Agreement (the "Agreement") dated as of 300-- 21 , 1994,by
which Plane Space has agreed to assign to Tenants all Plane Space's rights under
the Lease and to sell to Tenants the improvements, including trade fixtures, which
are owned by Plane Space and which are annexed to the Leasehold Property and
the personal property which is subject to the Bill of Sale attached as Exhibit B
(collectively, the "Property").
C. The closing for the transaction contemplated in the Agreement has
not yet occurred.
D. Plane Space has agreed to grant Tenants possession of the Property on
the terms of this Interim Lease.
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Agreement
1. Leased Property. Plane Space hereby subleases the Leasehold Property
and leases the Property to Tenants on the terms of this Interim Sublease. Tenants
have inspected the Property and accept it in its present condition.
2. Term.
(a) The term of this Lease shall be for the period commencing
June 15, 1994, and ending on December 31, 1994, unless sooner terminated
pursuant to this Interim Sublease or extended in writing by Plane space and
Tenants.
(b) Notwithstanding any provision to the contrary in this Interim
Sublease, this Interim Sublease shall terminate upon the closing of the transaction
contemplated in the Agreement, and Tenants shall at such closing remain in
possession of the Property under the terms of the Agreement.
3. Rent.
(a) As rent for Tenants' use of the Property, Tenants shall reimburse
Plane Space during the term of this Interim Lease for the following direct expenses
incurred by Plane Space in connection with the Property: (1) all rent payable by
Plane Space to the City under the Lease; (2) expenses for utilities provided to the
Property; and (3) a pro rata share of taxes and insurance expenses which are
obligations of the lessee under the Lease.
(b) The City and Plane Space are involved in an arbitration process to
determine the rent due under the Lease for the period after June 30, 1993; Tenants'
rental obligation under this Interim Lease shall include the obligation to pay the
rent due under the Lease for the period of Tenant's possession of the Property
which is determined to be due in the arbitration, or in any settlement of the
arbitration which is acceptable to the City and Plane Space. Until the arbitration
between the City and Plane Space is resolved, Tenants shall reimburse Plane Space
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for the rent which Plane Space is now paying under the Lease. Upon the
resolution of the arbitration, Tenants shall, within thirty days of their written
notification of the resolution, pay Plane Space any unpaid rent which is due for
the period of Tenants' possession of the Property. No offsets or deductions from
rent shall be permitted except where otherwise provided by this Lease.
(c) Plane Space shall provide Tenants monthly, and as of the
termination date of this Interim Lease, with a written statement setting forth the
rent due under this Interim Lease. Tenants shall make payment to Plane Space of
the rent due within thirty (30) days of Tenants' receipt of Plane Space's invoice.
4. Possession. Plane Space shall provide Tenants with possession of the
Property on the first day of the Lease term. Tenants shall have no rental obligation
until such possession is provided. If Tenants are not provided possession within
ten (10) days after the first day of the Lease term, Tenants may terminate this Lease,
whereupon the parties shall have no further rights or obligations to each other.
5. Lease Provisions Incorporated. Except for the lease term and the
rental due under this Interim Sublease, the terms of the Lease are incorporated by
this reference, and Tenants shall be bound by the terms of the Lease governing the
rights and obligations of the Lessee under the Lease. Tenants shall during the
term of this Interim Lease perform all obligations of the Lessee under the Lease,
including, but not limited to, the obligations to occupy, maintain and insure the
Leasehold Property.
6. Acceptance of Premises. Tenants' taking of possession shall be
deemed Tenants' agreement that the Property is then in a rentable and good
condition based upon their own inspection and not upon any representation by
Plane Space. Plane Space makes no warranty as to the condition of the Property or
its adequacy for Tenants' intended use. Plane Space has no obligation to alter,
remodel, improve, repair, decorate, or paint any part of the Property
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7. Permitted Use.
(a) Without the obtaining prior written consent of Plane Space and the
City, Tenants shall use and occupy the Property only for the purposes of installing
Tenants' equipment and readying the Property for use by Tenants for the operation
of their aviation-related business. Tenants have determined to Tenants'
satisfaction that the Property can be used for the purpose for which Tenants have
leased it. Plane Space has made no representation regarding the suitability of the
Property for any particular use by Tenants.
(b) Tenants shall not use the Property in any manner inconsistent with
the terms of the Lease or for any unlawful or hazardous act, and shall not commit
waste or create any public or private nuisance on the Property.
(c) In using the Property, Tenants shall, at all times and at Tenants' sole
cost and expense, comply with all applicable federal, state, and local laws and
ordinances and with all applicable directions, rules and regulations of state and
local health officers, fire marshals, building inspectors or other government
authorities.
8. Maintenance. Tenants shall keep the Property in good condition and
repair, shall not permit any waste to the Property, and shall promptly restore any
component of the Property which may be damaged or destroyed.
9. Insurance.
(a) Tenants shall continuously insure all structures and
improvements located at the Leasehold Property against loss by fire or other
hazards in an amount not less than the fair market value of the structures and
improvements, shall name Seller as an additional insured under all liability
insurance policies which the lessee is required to maintain under the Lease and
under this Agreement, and shall provide Seller with evidence of such insurance.
(b) Each insurance policy required under the Lease and this
Interim Lease shall provide that both Tenants and Plane Space shall receive a
minimum of ten days' prior, written notice of cancellation, termination,
modification, or lapse of coverage and shall not contain any provision relieving
the insurer of liability for any loss by reason of the existence of other insurance
policies covering the Property against the perils involved, regardless of
collectibility.
10. Taxes, Assessments, Utilities, and Other Charges. All taxes,
assessments, utilities, and other charges applicable to the Property which are the
obligation of the Lessee under the Lease shall be prorated between Plane Space and
Tenants as of the date of Tenants' taking possession of the Property under this
Interim Lease.
11. Entry and Inspection. Tenants shall permit Plane Space to enter upon
the Property at all reasonable times for the purposes of inspecting the Property to
determine Tenants' compliance with the Lease and making necessary repairs.
Plane Space shall also have the right, at any time during the last three months of
the Lease term, to showing the Property to a prospective tenant or purchaser and
to place and maintain on the Property notices for the leasing or selling of the
Property.
12. Assignment and Subletting. Tenants shall not assign, sublease, or
mortgage this Interim Sublease, nor any interest in it, without Plane Space's prior
written consent and without the prior written consent of the City. Plane Space
may in its sole discretion refuse such consent, whether such refusal is reasonable
or not. This Interim Sublease shall not be assignable by operation of law and any
transfer of this Interim Sublease from Tenants by corporate merger, consolidation,
or liquidation, or by any change in the ownership of or power to vote the majority
of Tenants' outstanding voting stock shall constitute an assignment for the
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purposes of this paragraph. Any assignment of this Interim Sublease shall not
extinguish or diminish Tenants' liability under it.
13. Liens and Insolvency. Tenants shall keep the Property and the
improvements thereon free from any liens arising out of any work performed,
materials ordered, or obligations incurred by Tenants. If Tenants becomes
insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee or other
liquidating officer is appointed for Tenants' business, Plane Space may, at its
option, terminate this Interim Sublease without notice.
14. Default and Re-Entry.
(a) If Tenants fail to pay the rent or default in the performance of
its obligations under this Interim Sublease, Plane Space shall give written notice of
such default. If Tenant fails to cure the default within thirty (30) days, Plane Space
may immediately terminate this Lease without further notice to Tenants. Upon
termination, Tenants shall surrender the Property to Plane Space and remove all
of Tenants' personal property. After termination, Plane Space may remove
Tenants from the Property by any lawful means.
(b) Upon Tenants' default in the performance of any obligation
under this Interim Sublease or the Lease involving the payment of a tax,
assessment, or other charge to a government authority or other third party or
involving the performance of repairs or maintenance to the Property, Plane Space,
on reasonable notice or without notice in the event of an emergency, shall cure
the default at Tenants' expense. The amount of that expense, including the related
charges and fees, shall be additional rent to be paid on demand.
15. Notices Any notice under this Lease shall be in writing and shall be
effective when actually delivered to Tenants, or if mailed, on the third day
following deposit of the notice in certified United States Mail, postage prepaid,
return receipt requested, directed to the addresses for the parties set forth adjacent
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to their signatures below, or to such other addresses for which notice has been
provided to the party giving the notice.
16. Successors. All terms, covenants and conditions contained in this
Interim Lease shall bind and benefit both Plane Space and Tenants and their
respective successors and assigns.
17. Entire Agreement. This Lease constitutes the entire agreement of the
parties. This Lease may not be modified or amended except by means of a written
document signed by Tenants and Plane Space.
18. General Provisions.
(a) Waiver by either party of strict performance of any Lease
provision shall not waive or prejudice the party's right otherwise to require strict
performance of the same provision or of any other provision.
(b) Interest shall accrue at the annual rate of eighteen percent
(18%) on all rent and other charges or payments required of Tenants under this
Lease which is not paid within thirty (30) days of the due date.
(c) Upon expiration or termination of the Lease, Tenants shall
promptly surrender the Property and all keys for the Property to Plane Space.
IN WITNESS WHEREOF, the parties have signed this Interim Lease:
PLANE SPACE INVESTMENTS, INC.
ADDRESS:
t o3 a. MN2U\riAL u L 50
By: , , .5E7rc-t I= Lk ( \-4 G$t b
Its: i
ADDRESS:
Paul W. Brendle, II
148I,-1 SF 421-,c1 St .
lssc dual\ wi:: 98n2rl
oQmmQ.q)nemc
J nne Brendle
PUGET SOUND INDUSTRIES, INC.
' n ADDRESS:
COQftV ' &, l 8ILI SF 92nd St .
t,y: : i e, • • e isSaupA LOA gZ027
Its: resici er,"l
The City of Renton, Washington, hereby consents to the foregoing Interim Lease.
CITY OF RENTON, WASHINGTON
ADDRESS:
By: Earl C ymer 200 Mill Avenue South
Its: Ma or Renton, WA 98055
ATTEST Mgrgilir.c—,- ,
Marilyn J. ' - ersen, City Clerk
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
/e w,e J A'. A0.4 is the individual who personally appeared before
me, and said individual acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the instrument and
acknowledged it as the trr;cie+..f of Plane Space Investments,
ORIG/Nt'J
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Inc., to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
seo,,4asoeutIe,.,
Dated: Z...# . 1 /99Y. •Ss\2'.A; �C44N
:�o4 NOTARY a
Ado: *....
ed Name: ?o.Ke% riic � .l0
N ARY PUBLIC in and for to 51•••
Washington, residing at /h r.e,.'•,t441;s P
My appointment expires: .�t/V 96
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Paul W. Brendle, II, is
the individual who personally appeared before me, and said individual
acknowledged that he/she signed this instrument as his/her free and voluntary
act for the uses and purposes mentioned in the instrument.
Dated: -NtV,: - 2\ \Gtcki.
, \ C ' ') ri i, \\,/
,A'c t‘\
'I, 1447 ------
Printed Name: V--q-Ac--
=q , -
NOTARY PUBLIC in and for the State of
Washington, residing at ` kVI
My appointment expires: Tsai?\("1 _
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that JoAnne Brendle is the
individual who personally appeared before me, and said individual acknowledged
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that he/she signed this instrument as his/her free and voluntary act for the uses
and purposes mentioned in the instrument.
Dated: 1 k k '\, � .
k\*\. . \ --
Prikted ame: *iN. ` - \k.6" ',5"4i.....d
NOTARY PUBLIC in and for the State of
Washington, residing at c .(k,,\
My appointment expires: t i�2� .1
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
ti C.Czis the individual who personally appeared before
me, and said individual acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the instrument and
acknowledged it as the e' CsNC of Puget Sound Industries,
Inc., to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated: ;) . c.\ ,\A(1-1.
l 1,
46(6) V
"4.(-1,___
a
Printed Name: \ki c-- \C- °
NOTARY PUBLIC in and for the State of
Washington, residing at =; `mN-\ /° �.,,k
My appointment expires: 1A ,.,)
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certifythat I know or have satisfactory evidence that
awl Clymer & Mavllyn I P€4erseh islhe individua who personally appeared before
me, and said individuals acknowledged that l e signed this instrument, on
oath stated that } `�" authorized to execute the instrument and
acknowledged it as the Mayor & GTI Ci.ERx of the city of Renton,
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Washington, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated: juM 21 1994 .
co a�
P
Printed Name. A STE HENS
NOTARY PUBLIC in and for the State of
Washington, residing at Renr A
My appointment expires: /0-19— 97
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LAG006-84
LEASE AGREEMENT
(CITY OF RENTON TO PLANE SPACE INVESTMENTS, INC. )
THIS INDENTURE OF LEASE executed in triplicate, effective as
of September I , 1984 , by and between the CITY OF
RENTON, a municipal corporation , hereinafter referred to as Lessor; and
PLANE SPACE INVESTMENTS , INC. , A Washington Corporation, hereinafter
referred to as Lessee:
WITNESSETH:
WHEREAS Lessee has negotiated with AERO DYNE Corporation to
purchase certain assets and to operate an Aircraft Repair and Maintenance
Facility at Renton Municipal Airport (Operator to be BENAIR Aviation ,
Inc . ) ; and ,
WHEREAS Lessor has agreed to the transfer of that certain
ground lease area related to the Repair and Maintenance Facility from
AERO DYNE Corporation to Lessee; and ,
WHEREAS a ground-space rental rate has been negotiated and
approved for a three (3 ) year term, NOW THEREFORE;
I . In consideration of the covenants and agreements of the
Lessee hereinafter set forth , Lessor does hereby lease and demise unto
Lessee the following described unimproved 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:
See Exhibit "A" Legal Description and Exhibit "B"
Lease Map attached hereto and made a part hereof as
if fully set forth herein
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 now exist or may hereafter be promulgated by the Lessor
from time to time, and further subject to all such non-discriminatory
charges and fees for such use as may be established from time to time by
Lessor; on the terms and conditions hereinafter set forth for a period of
twenty-two (22) years commencing on the 1st day of SEPTEMBER 1984 and
terminating on the 31st day of AUGUST 2006 , subject to the conditions ,
however , specified in paragraphs 17 and 18 hereinbelow.
2. As rental for the above-described premises during said initial
lease term, Lessee shall and will pay unto Lessor a monthly rental of
$ 751 .99 computed at the annual rate of $0 . 11 per square
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LAG006-84
foot, 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 Building ,
Renton , Washington
3 . Above-described premises and the structures located
thereon are leased to the Lessee for the purpose of construction and
operation of aircraft repair, maintenance and storage facilities . 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 be used for any other purpose without Lessor 's
written consent first having 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 without the written approval of Lessor .
4 . 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 such Airport so that the leased premises and
structures located thereon shall be kept and operated in a reasonable
harmony with other structures and color schemes on said Airport. Lessee
further covenants to keep and operate the leased premises and all
structures , improvements , and activities in conformity with all rules ,
regulations and laws now 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 . As further consideration for this Lease, it is stipulated
and agreed that at the expiration of the renewed term of this Lease as
provided in paragraph 1 herein contained or at any other termination of
this Lease , all 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 and title thereto shall pass and revert to
Lessor City at such termination , and none of such improvements now or
hereafter placed on the leased premises shall be removed therefrom at any
time without Lessor 's written consent . The Lessor shall 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 . Lessor shall not be called upon to make any improvements .
alteration or repair of any kind upon said premises and Lessee covenants
that 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 . Lessee further agrees to pay, in addition to the rentals
hereinabove specified and other charges hereinabove defined, all fees and
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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 Lessee of ,
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
utilities or services rendered to said premises . Lessee hereby agrees
and covenants to pay unto Lessor that certain Leasehold Excise Tax as
established by Chapter 61 , Laws of 1765-76, 2nd EX Session (44th
Legislative Session ) which said tax shall be in addition to the
stipulated monthly rental and be paid separately to the Director of
Finance, City of Renton , at the same 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 then
Lessee agrees and covenants to pay said tax or charge, when due. Such
tax or charge shall be in addition to the regular monthly rentals .
8 . Lessee covenants to indemnify and save harmless Lessor
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 improvements or equipment thereof during said Lease term,
or arising from any act or negligence of the Lessee or any of its agents ,
contractors , patrons , customers or employees , or arising from any
accident, injury or damage whatsoever, however caused , 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 or defend such action or proceeding
forthwith .
9 . 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 to 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 . Lessee covenants and agrees to hold harmless and
indemnify the Lessor and its agents against any liability, loss claim or
damage from any cause directly or indirectly resulting from Lessee's use
or occupancy of the demised premises or of any structures , activities or
business placed on or conducted thereat, by Lessee, its agents, assigns ,
licenses or invitees and Lessee shall keep in full force and effect at
all times during this Lease term adequate public liability and property
damage insurance , written by a company authorized to do business in the
State of Washington , with limits of not less than $300,000/$500,000 and
$ 100,000 respectively , and Lessee shall promptly furnish unto Lessor
evidence of such insurance by furnishing unto Lessor a copy of each
policy of insurance or a certificate thereof evidencing such coverage .
Since the Lessee functions as the Financial Backer of its assigned
Airport Fixed Base Operator , viz : BENAIR AVIATION, INC . , the Lessor
agrees that the required insurance defined in this section of the lease
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shall be provided by BENAIR AVIATION , INC .
II . This lease or any part hereof shall not be assigned by
Lessee, or by operation of law, or otherwise, nor said premises or any
part thereof sublet without the written consent of Lessor endorsed
thereon; and in the event such written consent shall be so given , no
other subsequent assignment , assignments or subletting, shall be made by
such assignee or assignees , or sublessee , without previous consent of
Lessor endorsed thereon; and in the event such written consent shall be
so given , no other subsequent assignment, assignments or subletting ,
shall be made by such assignee or assignees , or sublessee, without
previous consent of Lessor first had and obtained in writing . It is
expressly agreed that if consent is once given by the Lessor to the
assignment of this Lease or any interest therein or to the subletting of
the whole or any part of said leased premises, then Lessor shall not be
barred from afterwards refusing to consent to any further assignment of
said Lease or subletting of said leased premises . The Lessor shall not
unreasonably withhold its consent .
12. 11 is expressly understood and agreed that Lessor holds
andoperates said Airport and the demised premises under and subject to a
grant and conveyance thereof to Lessor City from the United States of
America, acting through its Reconstruction Finance Corporation , and
subject to all the reservations , restrictions, rights conditions and
exceptions of the United States therein and thereunder, which grant and
conveyance has been filed for record in the office of the County Auditor
of said King County , Washington , and recorded in Volume 2668 of Deeds ,
Page 386; and further that Lessor holds and operates said Airport and
premises under and subject to the State Aeronautics acts of the State of
Washington (Chapter 165 , Laws of 1947 ) , and any subsequent amendments
thereof or subsequent legislation of said State and all rules and
regulations lawfully promulgated under any act or legislation adopted by
the State of Washington or by the United States or the Federal Aviation
Administration . It is expressly stipulated and agreed that the Lessee
also accepts and will hold and use this Lease and the respective demised
premises subject thereto and to all contingencies , risks and
eventualities of or arising out of the foregoing , and if this Lease or
the period thereof or any terms or provisions thereof be or become in
conflict with or impaired or defeated by any such legislation , rules,
regulations , contingencies or risks , the latter shall control and if
necessary modify or supersede any provision of this Lease affected
thereby, all without any liability on the part of or recourse against the
Lessor in favor of Lessee . Nothing in this Lease contained shall operate
or be construed to prevent or hinder the future development, improvements
or operation of said Renton Airport by Lessor , its agents , successors , or
assigns , or any department or agency of the State of Washington or of the
United States , or the consummation of any loan or grant of Federal or
State funds in aid of the development, improvement or operation of said
Renton Airport .
13 . It is expressly understood and agreed that in case the
demised premises shall be deserted or vacated, or if default be made in
the payment of the rent or any part thereof as herein specified or if,
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LAG006-84
without consent of the Lessor, the Lessee shall sell , assign or mortgage
this Lease, or if default be made in the performance of any of the
covenants and agreements in this Lease contained on the part of the
Lessee to be kept 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 ten
( 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 may thereupon re-enter said premises with or without due process
of law, using such force as may be necessary to remove all persons or
chattels therefrom, and Lessor shall not be liable for damages by reason
of such re-entry or forfeiture .
14 . All terms , conditions and provision of this lease
agreement shall be binding upon Lessee , his successors and assigns , if
any .
15 . If the whole or any substantial part of the premises
hereby leased shall be condemned or taken by any County, State or Federal
authority for any purpose, then the term of this Lease shall cease on the
part so taken from the day the possession of that part shall be required
for any purpose 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 null and void , or to continue in 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 purpose shall belong to and be the property of the Lessor,
whether such damage shall be awarded as compensation for the diminution
in value to the leasehold or to the fee of the premises herein leased .
16 . Any notice required to be given or served in accordance
with the provisions of this Lease shall be sufficiently given and served
if delivered in writing to a party, or if sent by registered mail ,
postage prepaid , to the other party 's last known mailing address .
17 . Said rental payments as specified in paragraph 2 hereof
shall continue until the first day of SEPTEMBER 1987 . Effective as of
said date, and every three (3) years or such greater period of time as
may be agreed upon between the parties thereafter , said rental rate as
hereinabove specified shall be readjusted by and between the parties to
be effective for each three (3 ) year period . Minimum base rental for any
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LAG006-84
extended period, that is after SEPTEMBER I , 1987, shall not be less than
the aforespecified rental of $751 .99 per month . If, however,
the parties are unable to agree upon such adjusted rental for the ensuing
three (3) year period , within thirty (30) days prior to the commencement
of each such 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 arbitrators shall be final and binding upon the parties
hereto. The arbitrators shall be experienced real estate appraisers and
be knowledgeable 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 him and the fee of the third arbitrator, if any,
shall be shared equally between them . Leasehold improvements made by the
Lessee shall not be considered as part of the leased premises for the
purpose of future adjustments or readjustments of the aforesaid rental
rates . The arbitrator 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 ,
-hall be effective as of the commencement of such three (3) year rental
erms .
18 . Lessee shall quit and surrender the premises at the end
of the term in as good a condition as the reasonable use thereof 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
parties hereto on the premises , except movable office furniture or trade
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 . Lessee further agrees in addition to the insurance
requirements herein set forth , to take out and keep in full force and
effect during the full term of 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 equal to the replacement
cost of such improvements; such policy or policies shall 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 shall not be canceled or voided unless at least ten ( 10) days '
written notice prior thereto has been furnished unto Lessor .
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• LAG006-84
•
20 . 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 . It is further covenanted and agreed between the parties
hereto that no waiver by Lessor of a breach by Lessee of any covenant,
agreement, stipulation or condition of this Lease shall be construed to
bea waiver of any succeeding 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 by the Lessor of rent after any breach by the Lessee of
any covenant or condition by Lessee to be performed or observed 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. 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 , or such address as may hereafter be designated by either party
in writing .
23 . In the event that Lessee has fully and faithfully
complied with all the terms and conditions of this Lease Agreement, 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 five ( 5) year period shall be ascertained as set forth in paragraph
17 . Notice of the exercise of such option shall be given by Lessee unto
Lessor at 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 the essence in
the giving of said notice .
24 . Lessee covenants and agrees to not discriminate against
any person or class of persons by reason of race, color, creed or
national origin in the use of any of its facilities provided for the
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LAG006-84
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
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Corporation
Lt) jittAV3 Y. capt_Lpt:E-s)
y
"Mayor
S2Ctc / By
/
City Clerk
LESSEE LESSOR
Approved as to legal form:
.(2?1-44-0-'4""-`?
City Attorney
•
•
•
Now
Niro
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
This is to certify that on this 22ND day of OcrooE►2 q 89
before me, the undersigned Notary Public, personally appeared I
(bQ24AQA '( S {+►NV0ci4 and /'SAX ,NE. E /40ro•c
to me _ known _ to be the duly qualified and acting Mayor and City Clerk
respectively, of the City of Renton , Washington , and acknowledged that the
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 corporate seal of the City of Renton.
Given under my hand and official seal this 2.2.H0 day of Oc-t-oi3ek. 1984
• Q,444Y-)ox,__O
Notary Public in and for the State
of Washington, residing at Renton
•
LAG006-84
STATE OF WASHINGTON)
) ss
COUNTY OF RING )
THIS is to certify that on this 8th day of October 1984
before me , the undersigned Notary Public , personally appeared
Thomas R. Bailey
and
to me known to be the President of Plane Space Investments, Inc.
and he acknowledged to me that he executed the foregoing instrument for
said Plane Space Investments, Inc. as -its free and voluntary act and deed , for
uses and purposes therein stated , and upon oath stated that such execution of
said instrument by him is duly and regularly authorized .
GIVEN under my hand an official seal the date last above stated .
Notary Public in and for the State
of Washington, residing
G" 4710 Beach Drive S.W.
Seattle, WA 98116
STATE OF WASHINGTON )
ss.
COUNTY OF RING )
This is to certify that on this / Z day of October, 1984,
before me,_ the undersigned notary public, personally appeared
C. Carey Donworth, to me known to be the Secretary of Plane Space
Investments, Inc. , and he acknowledged to me that he executed the
foregoing instrument for said Plane Space Investments, Inc. , as
its free and . voluntary act and deed, for uses and purposes
therein stated, and upon oath stated that such execution of said
instrument by him is duly and regularly authorized.
GIVEN under my hand and official seal the date last above
stated.
Ca .
Notary Public in a for the
State f Washington, residing
at
Ione
vow
EXHIBIT "A"
LAG 1006-84
PLANE SPACE INVESTMENT, INC.
BEGINNING at the intersection of the centerline of Shattuck Avenue North
with the centerline of Airport Way said point of intersection lying N .
87030 ' 17" W . a distance of 862.23 feet from the centerline intersection of
_ Logan AvenueNorthand Airport Way
Thence N . 02029143" E . along the northerly extension of the centerline of
Shattuck Avenue North a distance of 275 .00 feet;
Thence N . 87030 ' 17" W . a distance of 61 .45 feet;
Thence N . 02029 ' 43" W . a distance of 25 . 17 feet to the True Point of
Beginning ;
Thence N . 43048 '05" W . a distance of 84 .35 feet to the P.C. of a tangent
curve to the right;
Thence northeasterly along a tangent curve to the right, having a radius of
55 .00 feet an arc distance of 76 . 12 feet through a central angle of
79018 '03" to a point of tangency;
Thence N . 35029 ' 58" E . a distance of 83 .99 feet;
Thence N . 04049 ' 43" W. a distance of 281 .00 feet;
Thence N . 85012 ► 15" E . a distance of 19 .00 feet;
Thence S . 04049 '43" E . a distance of 22.95 feet;
Thence S . 87005 '36" E . a distance of 37 .68 feet;
Thence N . 85012 ' 15" E . a distance of 72.92 feet;
Thence S . 04041 '30" E . a distance of 79 .71 feet;
Thence N . 85018 '30" E . a distance of 32.47 feet;
Thence N . 83003124" E . a distance of 29 . 16 feet;
Thence S . 02029 '43" W . a distance of 144.59 feet;
Thence N . 87030 ' 17" W. a distance of 175 .81 feet to the True Point of
Beginning .
(Containing an area of 42,936 S .F .
TOGETHER WITH:
BEGINNING at the intersection of the centerline of Shattuck Ave . North with
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the centerline of Airport Way, said point of intersection lying North
87°30 ' 17" W. a distance of 862.23 feet from the centerline intersection of
Logan Avenue North and Airport Way;
Thence N . 02029 '43" E . along the northerly extension of the centerline of
Shattuck Avenue North a distance of 195.00 feet;
Thence N . 87030 ' 17" W . a distance of 30 .00 feet;
Thence N . 02029 ' 43" E . a distance of 19.00 feet to the True Point of
Beginning ;
Thence continuing N . 02°29 '43" E . a distance of 20.00 feet;
Thence S . 87°30 ' 17" E . a distance of 78.37 feet;
Thence S . 56°54'50" E . a distance of 27 .51 feet;
Thence S . 87030 ' 17" E . a distance of 42.32 feet;
Thence S . 42011 '53" E . a distance of 158.66 feet;
Thence S . 02°29 ' 43" W . a distance of 32.23 feet;
Thence N . 87°30 ' 17" W. a distance of 39.89 feet;
Thence N . 02°29 '43" E . a distance of 0.59 feet;
Thence N . 87°30 ' 17" W . a distance of 10.00 feet;
Thence N . 34°47 ' 58" W . a distance of 139.01 feet;
Thence N . 56°54 '50" W . a distance of 54.71 feet;
THENCE N . 87°30 ' 17" W . a distance of 74.74 feet to the True Point of
Beginning .
Containing an area of 11 .093 sq . ft .
Together with Parking Area "A" containing an area of 10,427 s .f . (Area to be
verified by survey)
TOTAL LEASED AREA 64,456 S .F .
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