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HomeMy WebLinkAboutAdden 8 New LAG 001-88 Addendum# 8-10 ADDENDUM TO LEASE AGREEMENT (City of Renton to Bruce J Leven) THIS ADDENDUM to Lease Agreement LAG 001-88 is effective as of June 1, 2010. RECITALS: WHEREAS, Bruce J Leven has a Lease Agreement with the City of Renton, LAG- 001-88, executed on January 1, 1988; and WHEREAS, LAG 001-88 relates to two separate lease parcels; one being located on the east side (East Tiedown Area); the other being located on the southwest end (West Side Office Property); and WHEREAS, on June 1, 2005, the land rental rate for the East Tiedown Area, consisting of approximately 68,138 square feet of land area leased by Bruce J Leven, was determined to be $0.18 per square foot per year and continuing until June 1, 2010; and WHEREAS, on June 1, 2005,the land rental rate for the West Side Office Property, consisting of approximately 70,933 square feet of land area leased by Bruce J Leven, was determined to be $0.368 per square foot per year and continuing until June 1, 2010; a n d WHEREAS, in February 2009, the Airport contracted with Allen Brackett Shedd to conduct an independent market appraisal of all Airport leased areas to determine the fair market. The market appraisal concluded that the current fair market ground lease rate is $0.62 for all ground leases on the Airport; and WHEREAS, in a letter dated March 16, 2010, Bruce J Leven was notified that the lease rate would be readjusted using a means other than the Consumer Price Index- Urban; and WHEREAS, on June 1, 2010, and for the ensuing five (5) year period, the land rental rate for the East Side Tiedown Area was adjusted, using the market appraisal, to a rate of$0.62 per square foot per year for the 68,138 square feet of leased area, resulting in an annual rental amount of$42,245.56 (68,138 x $0.62), and continuing until June 1, 2015; and WHEREAS, on June 1, 2010, and for the ensuing five (5) year period,the land rental rate for the West Side Office Property was adjusted, using the market appraisal, to a rate of$0.62 per square foot per year for the 70,933 square feet of leased area, resulting in an annual rental amount of$43,978.46 (70,933 x$0.62), and continuing until June 1, 2015; and ORIGINAL Lease Agreement 001-88 1 City of Renton to Bruce J Leven `444w LAG 001-88 Addendum# NOW,THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND BRUCE J LEVEN AS FOLLOWS: WITNESSETH: 1. The Lessor and Lessee do hereby agree to the use of a 2009 Market Appraisal, performed by Allen Brackett Shedd, as the basis for establishing a fair market rate. 2. The Lessor and Lessee do hereby agree to an annual land rent of$42,245.56 (68,138 x$0.62 =$42,245.56), for the 68,138 square feet identified as East Side Tiedown Area in Lease Agreement LAG 001-88, Addendum 07-05. 3. The Lessor and Lessee do hereby agree to an annual land rent of$43,978.46 (70,933 x $0.62 = $43,978.46), for the 70,933 square feet identified as West Side Office Property in Lease Agreement LAG 001-88, Addendum 07-05. 4. Lessor and Lessee do hereby agree that the annual land rent rate in paragraphs 2 and 4 shall remain in effect until June 1, 2015, and effective as of that date, and for each five (5) year period thereafter, the rental rate shall automatically be readjusted by and between the parties using the increase of the Consumer Price Index, subject to paragraph 6 below. Minimum base rental for any period shall not be less than the current annual rental of$86,224.02 ($42,245.56 +$43,978.46). 5. Lessor and Lessee do hereby further agree that the Consumer Price Index information to be used for rental adjustments shall be the Consumer Price Index- Urban (CPI-U)then in effect for all urban consumers, as published by the US Department of Labor for the Seattle-Tacoma Metropolitan Area. 6. Lessor and Lessee do hereby further agree that at least thirty (30) days prior to the Rental Adjustment Date either party shall, if they desire to adjust the base land rental rate for the ensuing five (5)year period by a means other than the Consumer Price Index-Urban, provide to the other party a written request for readjustment of the rental rate pursuant to RCW 14.08.120(5). Lease Agreement 001-88 2 City of Renton to Bruce J Leven __ov ',owe LAG 001-88 Addendum# 7. All other terms and conditions of the original Lease Agreement shall remain in full force and effect. Bruce even CITY OF RENTON a Wa ingto Corporation a Municipal Corporation /A , Denis Law Mayor 6611.14,4e; .4 Cckm- Title Bonnie Walton City Clerk 924 1, old/0 Date Appro;, • as to legal form ../ettA..•--.41,..,_,40:17ILL•—••.00,c___,.. City Attorney Lease Agreement 001-88 3 City of Renton to Bruce J Leven