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HomeMy WebLinkAboutLease `mow' v..r
LAG #001-88
(Replaces LAG 07-79 and LAG
2096-72, plus portion of LAG
001-85)
LEASE AGREEMENT
(City of Renton to BRUCE J. LEVEN)
THIS INDENTURE OF LEASE executed in triplicate, effective as of JANUARY 1, 1988
by and between the CITY OF RENTON, a municipal corporation, hereinafter referred
to as Lessor; and BRUCE J. LEVEN, hereinafter referred to as Lessee:
WITNESSETH:
1 . (a) PREMISES LEASED: 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-1", "A-2", and "A-3" Legal Descriptions
and Exhibits "B-1", "B-2" and "B-3" Lease Maps 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:
(1) West Side Office Property (ref. Exhibits "A-1" and "B-1") - for a
period of 24 years and 10 months commencing on the 1st day of January,
1988 and terminating on the 31st day of October, 2012.
(2) East Side Air Park Tie-down (ref. Exhibits "A-2" and "B-2") - for a
period of 20 years and 7 months commencing on the 1st day of January,
1988 and terminating on the 31st day of July, 2008.
(3) Northwest Hangar Property (ref. Exhibits "A-3" and "B-3") - for a
period of 32 years commencing on the 1st day of January, 1988 and
terminating on the 31st day of December, 2019.
All of the above terms being subject to the conditions, however, specified in
paragraphs 17 and 18 hereinbelow.
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1. (b) APPROVAL CONDITION: Lessor's approval of the portion of the
ground lease described herein as "Northwest Hangar Property" was conditioned upon
provision of easement access by the adjacent tenant, i .e. Boeing Employees Flying
Association (B.E.F.A.) . See Exhibit "C" attached hereto and made a part hereof
as if fully set forth herein, being a mutual agreement between Lessee and
B.E.F.A. covering rights of access for each party.
2. RENTAL PAYMENTS: As rental for the above-described premises
during said initial lease term, Lessee shall and will pay unto Lessor a monthly
rental as 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 Building, Renton,
Washington:
West Side Office Property Area = 71,867.03 sq.ft.
East Side Tie Down Area = 70,715.96 sq.ft.
Northwest Hangar Property Area = 60,186.95 sq.ft.
TOTAL AREA = 202,769.94 sq.ft.
Total Area: = 202,769.94 sq. ft. @ $0.14/sq. ft. per year
Total Rental : = $2,365.65 per month (plus leasehold tax)
LATE PAYMENT CHARGES 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 5% per month from the 1st 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 payment.
ATTORNEY'S FEES AND COLLECTIONS: Should it be necessary 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 expenses for collection of past due rent or enforcement of any right or duty
hereunder shall entitle the City to recover, 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 Lessee for the purpose of construction and
operation of aircraft 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. 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 such Airport so that the leased premises and structures located
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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. TITLE TO IMPROVEMENTS: 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. IMPROVEMENTS: 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. CHARGES PAID BY LESSEE: Lessee further agrees to pay, in addition
to the rentals hereinabove specified and other charges hereinabove 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 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. HOLD HARMLESS: 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,
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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, defend or settle such action or proceeding forthwith.
9. RISK OF DAMAGE 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 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. LIABILITY INSURANCE: 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.
11. ASSIGNMENT:
a. 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.
b. On December 28, 1987, Lessor consented to a partial sublease
arrangement between Lessee and Lake Union Air Service, as described in Lessee's
December 11, 1987 letter to the City's Public Works Director.
12. CONTINGENCIES: It is expressly understood and agreed that Lessor
holds and operates 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
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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 contingen-
cies, 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, regula-
tions, 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 inder
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. RIGHTS OF LESSOR ON LESSEE'S DEFAULT: 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, 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. CONDEMNATION: 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
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the diminution in value to the leasehold or to the fee of the premises herein
leased.
16. NOTICES: 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. RENTAL RENEGOTIATION: Said rental payments as specified in
paragraph 2 hereof shall continue until the 31st day of May, 1990. Effective as
of said date, and every consecutive three (3) years, said rental rate as
hereinabove specified shall be readjusted by and 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 from June 1, 1990, shall not be less than the
aforespecified rental of $2,365.65 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 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, shall be
effective as of the commencement of each such three (3) year rental terms.
18. SURRENDER OF PREMISES: 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 improve-
ments 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. FIRE INSURANCE: 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
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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.
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
covenant, agreement, stipulation or condition of this Lease shall be construed to
be a 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. 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, 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,
then in such event Lessor grants unto Lessee the right and option to renew or
extend this Lease on the terms listed below:
a. West Side Office Property (ref. Exhibits "A-1" and "B-1") - for a
further term of five (5) years.
b. East Side Air Park Tie-down (ref. Exhibits "A-2" and "B-2") - for a
further period of ten (10) years.
c. Northwest Hangar Property (ref. Exhibits "A-3" and "B-3") - for a
further period of ten (10) years.
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The rental for each three (3) year period (or partial 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. NON-DISCRIMINATION: Lessee covenants and agrees not to discriminate
against any person or class of persons by reason of race, color, creed, national
origin, 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.
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J. LEV'N CIT'rii RENTON, a Municipal
Ili I ,... --
Byrp: -ati ik ''''',,\ ,\,..
V
ik Mayor
lirLESSEE By.A - ..AP -
,3-io -cfer City Clerk
Approve as to legal rm:
CIROAAA,Acvt4P 41-7-410,---
City
vet--:- ,---City Attorney
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Nor
LAG 001-88
STATE OF WASHINGTON)
)ss
COUNTY OF KING )
THIS is to certify that on this .11»1 day of e��KA� 19e%
before me, the undersigned Notary Public, personally appeared
and to me known to be the N`^'41-k
and ke_ acknowledged to me that IAx executed the foregoing instrument for
said rea�c p.-k9 o -i 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 h,,, 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
cwowwcfrus . 41y191
Nte. 'New
LAG 001-88
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
This is to certify that on this /t day of dtcvcit, /988
before me, the undersigned Notary Public, personally appeared
.r( OP n1eX-- -and (/1006 ne, Ao-Mr
to me 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
corporate seal of the City of Renton.
Given under my hand and official seal this /PH` day of —Aare 19 E B
Notary Public in and for the State
of shington, r siding at 1inq (Ot
rave
LAG 001-88
EXHIBIT "A-1"
Bruce J. Leven
West Side Office Property
That portion of the Northeast Quarter of Section 18, Township North
Range 5 East W.M. described as follows:
Commencing at a point 10 feet northerly of the intersection of the
West Margin of 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
Records of King County Washington) ;
Thence South 87°30' 17" East on a 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;
Thence along said runway centerline North 04°49'43" West a distance
of 294.74 feet to a point referred to as Runway Station 0+00;
Thence North 04°49'43" West a distance of 210.27 feet;
Thence South 85°10 ' 17" West a distance of 375.00 feet to the True
Point of Beginning;
Thence South 85°18'00" West a distance of 178.47 feet;
Thence South 05°04'03" East a distance of 224.82 feet;
Thence South 40°06' 57" East a distance of 47.48' to the beginning of
a tangent curve to the left having a radius of 118.81 feet;
Thence along said curve through a central angle of 53°50 '24" an arc
distance 111 .64 feet to a point of tangency;
Thence South 89°24'31 " East a distance of 214.37 feet;
Thence North 28°10 '41" West a distance of 179.38 feet;
Thence South 85°10 ' 17" West a distance of 83.13 feet;
Thence North 04°49'43" West a Distance of 176.29 feet to the True
Point of Beginning.
AREA: 71 ,867.03 Square Feet
1F.04.WJA:mf 5/10/88
Now '41.10 LAG 001-88
EXHIBIT "A-2"
Bruce J. Leven
East Side Air Park Tie-down
That portion of the Southeast Quarter of Section 7, Township 23 North
Range 5 East, W.M. described as follows:
Commencing at a point 10 feet northerly of the intersection of the
West Margin of 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
Records of King County Washington) ;
Thence South 87°30' 17" East on a 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;
Thence along said runway centerline North 04°49'43" West a distance
of 294.74 feet to a point referred to as Runway Station 0+00;
Thence North 04°49'43" West a distance of 2644 feet;
Thence North 85°10' 17" East a distance of 350 feet to the True Point
of Beginning;
Thence continuing North 85°10'17" East a distance of 169.75 feet;
Thence South 13°55'07" East a distance of 361 .24 feet;
Thence South 85°12 '02" West a distance of 226.82 feet;
Thence North 04°49'43" West a distance of 356.59 feet to the True
Point of Beginning.
AREA: 70,715.96 Square Feet
1F.06.WJA:mf 5/10/88
Nue `iro LAG 001-88
EXHIBIT "A-3"
Bruce J. Leven
Northwest Hangar Property
That portion of the Northwest Quarter of Section , Township 23 North
Range 5 East W.M. described as follows:
Commencing at a point 10 feet northerly of the intersection of the
West Margin of 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
Records of King County Washington) ;
Thence South 87°30' 17" East on a 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;
Thence along said runway centerline North 04°49'43" West a distance
of 294.74 feet to a point referred to as Runway Station 0+00;
Thence North 04°49'43" West a distance of 4602.70 feet;
Thence South 85°10' 17" West a distance of 375 feet to the True Point
of Beginning;
Thence continuing South 85°10 ' 17" West a distance of 170.18 feet;
Thence North 04°49'43" West a distance of 40.00 feet;
Thence South 85°10 ' 17" West a distance of 170.00 feet;
Thence North 04°53'45" East a distance of 134.27 feet;
Thence North 09°41 ' 17" East a distance of 89.27 feet;
Thence North 57°51 '56" West a distance of 1 .96 feet;
Thence North 47°47'54" West a distance of 11 .96 feet;
Thence North 10°21 '02" East a distance of 20.40 feet;
Thence North 11°36' 50" East a distance of 1 .69 feet;
Thence North 85°10' 17" East a distance of 13.48 feet;
Thence South 31 °38'39" East a distance of 112.05 feet;
Thence North 85°10' 17" East a distance of 235.00 feet;
Thence South 04°49'43" East a distance of 190.00 feet to the True
Point of Beginning.
AREA: 60,186.95 Square Feet
lf.07.WJA:mf 5/10/88
LAG 001-87
""•0" Exhibit C
For City of Renton
AGREEMENT
THIS AGREEMENT, made and entered into this e-7J-i 3'-day of
January, 1988 , by and between BRUCE J. LEVEN ( hereinafter referred
to as "Leven" ) and the BOEING EMPLOYEES FLYING ASSOCIATION, INC. ,
(hereinafter referred to as "BEFA" ) ;
WITNESSETH, that ,
WHEREAS , Leven and BEFA respectively intend to lease and
currently lease from the City of Renton adjoining parcels on the
Renton Municipal Airport ; and
WHEREAS , [ even and BEFA have been encouraged by the City of
Renton to resolve by agreement mutual rights of access respecting
their ad join i nq parcels ; and
WHEREAS , (,even and BEFA desire to resolve by agreement_ other
matters of mutual interest ;
NOW THEREFORE, the parties hereto, declaring their intention
to enter into and to be bound by this AGREEMENT, and for the good
and valuable consideration set forth below, hereby covenant and
agree as follows :
1 . Mutual Easements . Leven and BEFA agree that the City of
Renton incorporate into the respective leases of the parties the
following rights of access which shall be fully assignable to
successors of the parties subject to the terms and conditions of
the leases :
a . A nonexclusive easement for BEFA across Parcel A ( see
Exhibit 1 , attached) for ingress and egress of aircraft ,
automotive vehicles and line equipment . Aircraft , automotive
vehicles and line equipment shall not park for any extended period
of time on the easement areas except to load or unload fuel , or to
test , or service the fuel farm. Aircraft shall not taxi under
power into or out of their parking position when any south side
hangar doors are open of the 850 Building located on Parcel A.
b. A nonexclusive easement for Leven across Parcel B ( see
Exhibit 1 , attached) for ingress and egress of aircraft ,
automotive vehicles and line equipment . Aircraft, automotive
vehicles and line equipment shall not park for any extended period
of time on the easement areas . Leven or his successor shall use
their best efforts to assure that aircraft on Parcel A are not
operated in such a manner so as to disturb or damage aircraft
parked on the property occupied by BEFA or its successors .
- 1 -
Now ., ,, LAG 001-87
Exhibit C
2 . Mutual Indemnification. Leven and BEFA each hereby agree
to indemnify, defend and hold the other party harmless from any
and all loss , claims ( including, without limitation , claims
involving strict and absolute liability, tort, damage, injury,
death , liability and third party claims ) , demands , costs and
expenses of every nature, including reasonable attorneys ' fees ,
arising directly or indirectly from or in connection with the use
or operation of vehicles or aircraft, the conduct of aircraft
maintenance operations or the transfer and storage of aircraft
fuel , except when arising from the fault or negligence of the
other party. In the event that liability for damages arise out of
bodily injury to persons or damage to property caused by or
resulting from the concurrent negligence of ( i ) one party or its
agents or employees , and ( ii ) the other party or its agents or
employees , then each party' s foregoing duty of indemnification
shall apply only to the extent of that party ' s negligence or the
negligence of its employees or agents .
3 . Assignment. This Agreement, and either party ' s interest
therein , shall be assignable subject to the other party' s prior
written consent , which consent shall not be unreasonably with-
held.
4 . Modification. This Agreement constitutes the entire
Agreement and may be amended or modified by, and only by, a
written instrument executed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first written above . The
persons signing below warrant their authority to sign .
By: BRUCE J . LEVEN By: BOEING EMPLOYEES FLYING
ASSOCIATION, INC.
Clyde
E. Carlson Its j' cs '')/ 7�-_
HisAgent
- 2 -
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LAG 001-87
Exhibit C
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RENTON MUNICIPAL AIRPORT
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