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LE SE AGREEMENT LAG 05-73
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( City of Renton to Puget Sound Power & Light Company)
THIS INDENTURE OF LEASE executed in triplicate , effective as
of September 1 , 1973, by and between the CITY OF RENTON , a
municipal corporation , hereinafter referred to as Lessor, acting
by and through the RENTON AVIATION BOARD at the request of which
Board this Indenture is executed by the Mayor and the City Clerk
of the City of Renton ; and PUGET SOUND POWER & LIGHT COMPANY , a
Washington corporation , hereinafter referred to as Lessee :
WITNESSETH :
1 . 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 :
BEGINNING at Station 23+27 .07 on the Westerly
off-set line of said Renton Municipal Airport ,
said off-set line lying 350 feet Westerly of
and parallel to the centerline of said runway ;
thence North 5054 ' 56" West along said off-set
line a distance of 119 . 95 feet ; thence South 84o
05 ' 37" West a distance of 10 feet to the true
point of beginning ; thence continuing
South 84005 ' 37" West a distance of 233 . 77 feet;
thence South 21037 '45" East a distance of 124 .61
feet ; thence North 84005 ' 37" East a distance of
200 . 00 feet to a point 10 feet Westerly of
said off-set line ; thence North 5054 ' 56 " West ,
10 feet Westerly of and parallel to said off-set
line a distance of 119 . 95 feet to the true
point of beginning . Contains 26 ,014. 88 square
feet .
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 nondiscriminatory 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 (20) years commencing on the first day of September ,
1973 , and terminating on the first day of September 1 , 1993 ,
subject to the conditions , however, specified in paragraphs 17
and 18 hereinbelow.
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2 . As rental for the above-described premises during said
initial lease term , Lessee shall and will pay unto Lessor a monthly
rental of One Hundred Fifty-One Dollars and Seventy-Five Cents
($151 . 75) (26 ,014 . 88 square feet @ $ . 07/square foot/year) 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 are leased to the Lessee for
the purpose of constructing and maintaining thereon an aircraft
maintenance and storage facility ; and Lessee covenants as a
condition to continuance of this Lease that said facility shall
be constructed and completed within six (6) months from date
hereof. Lessee further covenants and agrees that said facility
shall be continuously used for maintenance and storage of
aircraft , together with the equipment , accessories and supplies
pertaining thereto , and shall not be used for any other purpose
without Lessor ' s consent in writing first obtained ; that no
advertising matter or signs shall be at any time displayed on
the leased premises or the structures thereon without the approval
of the Lessor in writing .
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 ' s Aviation Board 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
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structures , improvements , and activities in conformity with all
rules , regulations and laws now or hereafter adopted by Lessor
City or its aforesaid Renton Aviation Board or the Civil Aeronautics
Authority or State Aeronautics Board , 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 term of this Lease 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 , 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
charges for any and all license fees , real estate and/or personal
property taxes , and charges now in effect or hereafter levied or
established by Lessor City , or Renton Aviation Board , 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
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include but not be limited to all charges for light , heat , gas ,
power , garbage , water and other utilities or services rendered to
said premises .
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 of any person , persons or corporation
occurring during said term on , in or about the leased premises
and from and against all costs , attorneys ' fees , expenses and
liabilities incurred in or from any such claims or any action or
proceeding brought thereon ; and in case 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 , licensees , or invitees and
Lessee shall keep in full force and effect at all times during
this Lease term adequate public liability and property damage
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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 . 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 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 , then Lessor shall not be barred from
afterwards refusing to consent to any further assignment of
said Lease or subletting of said leased premises .
12 . 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 promulgated
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under any act or legislation adopted by the State of Washington
or by the United States or the Federal Aviation Authority . 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 , improve-
ments 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 , without the 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
intentions to do so . Upon the expiration of said ten ( 10) day
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notice , this Lease ` 'nd 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 provisions 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, except that the Lessee shall be entitled to such
portion of the award which is attributable to the value of any
real property improvements installed on the Leased Premises by
the Lessee , or for that portion of said award attributable to
any diminution in value to the said improvements caused by
said condemnation .
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 .
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17 . In the event , however , that Lessee has not commenced
construction of a building located on the above-described
premises to serve as an aircraft storage and maintenance facility
within a period of sixty (60) days from the date of execution
hereof, then this Lease Agreement and all rights and obligations
of the parties hereunder shall cease and terminate in all respects
and without any further action and notice ; and further provided
all of such work of every type and nature as shown on the plans
and specifications for such construction shall be completed not
later than six (6) months from date hereof. All of such work
including plans and specifications shall have the prior written
approval of Lessor and said documents are attached hereto ,
labeled Exhibit "B " and made a part hereof and incorporated
herein as if fully set forth . All costs and expenses of every
type and nature in connection with or incidental to the
construction and remodeling shall be in full compliance with all
applicable City codes , ordinances and regulations pertaining to
such work . Lessee shall further promptly repair and/or replace
any and all such damage to any utility lines incurred in connection
with any such construction .
18 . Said rental payments as specified in paragraph 2 hereof
shall continue until the first day of September , 1978 . Effective
as of said date , and every consecutive five (5 ) years thereafter ,
said rental rate as hereinabove specified shall be readjusted by
and between the parties to be effective for each ensuing five
(5 ) year period , respectively. Minimum base rental for any
extended period , that is after September 1 , 1978 , shall not be
less than the aforespecified rental of $151 . 75 per month . If,
however, the parties are unable to agree upon such adjusted
rental for the ensuing five (5 ) year period , within thirty ( 30)
days prior to the commencement of each such consecutive five ( 5)
year period , then the parties shall submit the matter of rentals
for such ensuing five (5 ) 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
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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 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 five ( 5) year rental term .
19 . 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 .
20 . 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
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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.
21 . 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 .
22 . 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.
23 . All notices under this Lease shall be in writing and
delivered in person or sent by certified mail or registered mail
unto Lessor at the following address , to-wit :
Airport Director
Renton Municipal Building
Renton , Washington 98055
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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 .
24 . 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 18. Notice of the exercise
of such option shall be given by Lessee unto Lessor at least
ninety (90) 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 .
25 . 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 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 .
26 . Parties hereto agree to the following special terms and
conditions of this Lease Agreement as set forth hereinbelow:
a) Sanitary Sewer System--Lessee hereby agrees to pay
his proportionate share of the total cost of providing sanitary
sewer facilities to the leased premises as herein defined , being
agreed herein that said proportionate share shall not exceed
$5 ,000 . 00 . The cost for providing sewer facilities will be handled
on a Local Improvement District basis and in accordance with
applicable City and State laws .
b) Revision of Lease Boundaries--Upon completion of
the perimeter road the Lease boundaries will be revised to include
that portion between the Lessee ' s west boundary and the east
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right-of-way boundary of the perimeter road, or to exclude that
portion of the leased area which lies west of the east boundary of
the perimeter road , whichever the case may be . Any additional
footage shall be included as part of the leased area . Any portion
of the leased area which might be within the boundaries of the
perimeter road shall be excluded from the leased area . The monthly
payments shall be adjusted accordingly at the stated rate of $ . 07
per square foot.
c) Lessee further agrees to install necessary landscaping
and permanent parking lot paving in accordance with plans approved
by the Planning Commission and the Airport Director . These
improvements will not be required until after the completion of
the perimeter road . Lessee agrees to complete said improvements
within six (6 ) months after written notice to proceed has been
given by the Airport Director .
d) Lessor reserves the right to install perimeter
fencing around proposed parking facilities on this leased property
at its discretion .
IN WITNESS WHEREOF the parties have executed this Agreement
the day and year first hereinabove stated .
PUGET SOUND POWER & LIGHT CITY OF RENTON , a Municipal
COMPANY , a Washington corporation
corporation
BY
V) Yg S, Avery i rrett , Mayor
. c
By t "le'tet4- 1 By t.(i/ 'l %rZ/ ( , 7, , , t
r
e ores A. Mead , City Clerk
$ECRET1 y LESSEE LESSOR
APPROV % BY RE TO AVIATION BOARD
0411P /
"il
AP ,:F
/Po n` . Ko,; 7-ft
Y
APPR(\
VED AS TO FORM:
I\ l \k, cli \
Byk), ,,,,,,,.
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Ci tS Attorney
-12-
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
This is to certify that on this . , i dayof �,,�
r�/ /
6
1973 , before me , the undersigned Notary Publc , per' sdn� ll y
appeared AVERY GARRETT and DELORES A. MEAD , 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 .
GTO/EN under my hand and official seal this . day of
ti.! , 1973 .
((,
otary Public in an . for the tate
of Washington , residing in Renton .
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Amor
EAG 05-73 - Addendum 01--79
ADDENDUM TO LEASE AGREEMENT
(City of Renton to Puget Sound Power & Light Company)
THIS ADDENDUM TO LEASE AGREEMENT, effective as of September 1 , 1978,
made an entered into this 2nd day of May, 1979.
WITNESSETH:
1. The City of Renton and Lessee have previously entered into a Lease
Agreement dated September 1, 1973.
2. Lessor and Lessee do hereby agree to extend the term of the Lease
for the purpose of determining current rental fee, under the provisions of
Paragraph 18 of the original Lease Agreement, until the 1st day of September,
1983, at a monthly rental of One Hundred and Fifty-Five Dollars and Two Cents
($155. 02), computed at the annual rate of $.085 per square foot.
3. Lessor and Lessee hereby agree that the square footage of the Lessee's
property subject to this lease is 21,884.95 square feet, the same constituting
a change from the square footage in the original. Lease Agreement. The legal
description is as follows:
Beginning at a point located on the Renton Airfield Runway
Centerline referred to as Station 0+00;
Thence N. 4° 49' 43" W. along the Runway Centerline a Distance
of 2,326.96 Feet;
Thence S. 85° 10' 17" W. a Distance of 360 Feet to the True
Point of Beginning;
Thence S. 85° 10' 50" W. a Distance of 163.96 Feet;
Thence N. 21° 55' 07" W. a Distance of 125.53 Feet;
Thence N. 85° 10' 50" E. a Distance of 200.85 Feet;
Thence S. 4° 49' 43" E. a Distance of 119.98 Feet to the True
Point of Beginning. Area = 21,884.95 Square Feet. Lease Map Attached.
4. All other terms and conditions of the original Lease Agreement shall
remain in full force and effect.
PUGET SOUND POWER F LIGHT COMPANY, CITY OF RENTON, a Municipal
a Washington corporation corporation
•
B BY _.- ' O
MANAGER - Barbara Y. Shinpoch , Mayor
REAL ESTATE DIVISION
•
By BY !moi /4 Al /f
De ores A. Mead, ty 1-• k
LESSEE LESSOR
APPROVED AS TO FORM:
7. � --
q
By C_
;i
City Attorney
Inv
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
110
On this 31 S'T" day of up .'4 , 191:9-, before me, the undersigned,
personally appeared Les \:e R . Omrktys,R
to me known to be the Maras ee. - 9oe0.1 Ectake 1).‘V %s io N , respectively
of PUGET SOUND POWER & LIGHT COMPANY, the corporation that executed the foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath
stated that they were authorized to execute the said instrument and that the seal
affixed is the corporate seal of said corporation.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
44eAt i r3
Notary Public in and for t e State of
Washington, residing at Ly v►.nwooc9
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
This is to certify that on this 6th day of February , 1980,
before me, the undersigned Notary Public, personally appeared BARBARA Y. SHINPOCH
and DELORES A. MEAD, 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 6th day of February
1980.
Notary Public in and for the State of
Washington, residing in Renton
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SCALE : I"= 40'
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BASE LINE 350' OFFSET FROM Q OF RUNWAY
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AREA = 21,884.95 SQ. FT.
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— LEASE —
PUGET POWER
R - RENTON MUNICIPAL AIRPORT
APPROVED
DRAWN • RC. DATE • DEC. 1975
AIRPORT DIRECTOR CHECKED J.A. FIELD BOOK 394 _ \
LAG 05-73
Addendum #03-83
ADDENDUM TO LEASE AGREEMENT
(City of Renton to Puget Sound Power & Light Company)
THIS ADDENDUM TO LEASE AGREEMENT LAG 05-73, effective as of September 1 , 1983,
made and entered into this �12/ tt day of ( . e- , 1983.
WITNESSETH:
1 . The City of Renton and Lessee have previously entered into a Lease Agree-
ment dated September 1 , 1973.
2. Lessor and Lessee do hereby agree to extend the term of the Lease for the
purpose of determining current rental fee, under the provisions of Paragraph 18 of
the original Lease Agreement, until the 31st day of August, 1988, at a monthly
rental of Two Hundred Fifty-Five Dollars and Thirty-Two Cents ($255.32) , computed
at the annual rate of $.14 per square foot.
3. Lessor and Lessee hereby agree that the square footage of the Lessee' s
property subject to this lease is 21 ,884.95 square feet, the same constituting the
square footage previously established by Addendum #01-79. The legal description is
as follows:
Beginning at a point located on the Renton Airfield Runway Centerline
referred to as Sta. 0+00:
Thence North 4°49'43" West along the runway centerline a distance
of 2,326.98 ft. ; thence South 85°10'17" West a distance of 375 ft.
to the true point of beginning; thence South 85°10' 50" West a
distance of 163.96 ft. ; thence North 21 °55'07" West a distance of
125.53 ft. : thence North 85°10"50" East a distance of 200.85 feet;
thence South 4°49'43" East a distance of 119.98 feet to the true
point of beginning. AREA = 21 ,884.95 sq. ft.
4. All other terms and conditions of the original Lease Agreement shall
remain in full force and effect.
PUGET SOUND POWER & LIGHT COMPANY, CITY OF RENTON, A Municipal
a Washington Corporation Corporation
BY 'GrD. Y � ,'S4�n
'e
Mayor
Director Real Estate e Ga
City Clerk
APPROVED AS TO LEGAL FORM
City Attorney
'www `ftwt
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this 0 day of )C712$0 , 1983, before me, the undersigned
personally appeared WM. K. ARTHUR
to me know to be the Director Real Estate of
PUGET SOUND POWER & LIGHT COMPANY, the corporation that executed the foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath
stated that they were authorized to execute the said instrument and that the seal
affixed is the corporate seal of said corporation.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
trifk
Notary Publi yin and for the,, .State
of Washingt n`�" residing X�a
STATE OF WASHINGTON )
)SS
COUNTY OF KING )
This is to certify that on the ,--)...2)--i4 day of (:c, ,,-{a, , 19813,
before me, the undersigned Notary Public, personally appeared{ y-L1 . tn. : `1 ;: nr%1t-`;
and b1C.,4, y, . -�. J) t::16 t; , to me known to be the duly qualified MAYOR and
CITY CLERK, respectively, of the City of Renton, Washington, and acknowledged that
they executed the above and foregoing instrument for theCity 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 .1L/4-4 day of d ",..1,__/::
1983.
rLe, LL. ( _e �e
ota-ry Pub' i c i n and for the St to
of Washington, residing .ey (1Ce, t
v j
volvw r..r LAG 05-73
ADDENDUM #04-88
LEASE AGREEMENT
CITY OF RENTON TO PUGET SOUND POWER & LIGHT COMPANY
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, PUGET SOUND POWER & LIGHT COMPANY, a Washington Corporation,
hereinafter referred to as Lessee:
WITNESSETH
1. RENTAL RENEGOTIATION
WHEREAS the Lessor has established a common renegotiation date for all ground
leases, specifically June 1, 1990, and
WHEREAS it is necessary for individual lease dates to be revised to conform with
that common date,
THEREFORE IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
Lessor does hereby revise the Rental Renegotiation effective date to
JUNE 1, 1990
2. APPLICABILITY OF ORIGINAL LEASE
All other terms, conditions, and provisions of Lease Agreement LAG 05-73 dated
September 1, 1973 and supplements thereto, unless specifically modified and
amended by this agreement and upon becoming effective, shall remain in full force
and effect.
PUGET SOUND POWER & LIGHT CO. CITY OF RENTON, a Municipal
a Washington Co poration Cir oration 0
Mayor z
(16-24NK i37 S? g&:779F-.)/
LESSEE City Clerk LESSOR
APPROV AS TO LEGAL FORM:
+i¢-v1,c�P GL-..407,----
City
—.-civCity Attorney
*r' ® wt`
STATE OF WASHINGTON)
)ss
COUNTY OF KING )
THIS is to certify that on this 1)t) day of bPi PA 19 D I
before me, the undersigned Notary Public, personally appeared
kVA. diehe
to me known to be the (PYyDYAI/ XII t" (igyk4uiw QOlikW-�� LIN-
and `�.,� acknowledged to me that executed th foregoing instrumfor
said (,cftWAlsov. 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 6., 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 &f" 44 -
vie ,ftiow
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
This is to certify that on this 44kday of jinrv.ci before
me, the undersigned Notary Public, personally appeared
Eo W.( Ci yy me r and /hax to me
known to 5e 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 ;)--8' day of :370.n.LLo rtj 1988
Notary Public in and for the State
of Wahington, residing t 4
IS
I
Imre vr.rc
LAG 05-73
Addendum #05-92
ADDENDUM TO LEASE AGREEMENT
(City of Renton to Puget Sound Power & Light Company)
THIS ADDENDUM to Lease Agreeme 2t LAG 05-73, is effective as of January
1, 1992 and entered into this /74 , day of /I2Q/te%i , 1992.
RECITALS:
WHEREAS, the City of Renton and the Lessee previously entered into Lease
Agreement 05-73 dated September 1, 1973, with a term of twenty (20) years
commencing on September 1, 1973 and terminating on September 1, 1993, for the lease
of 26,014.88 square feet of uninproved real estate in an "as is" condition, said Lease
establishing the monthly rental of One Hundered Fifty-One Dollars and Seventy-Five
Cents ($151.75), and
WHEREAS, the City of Renton and the Lessee agreed to and executed Addendum
01-79 dated May 2, 1979, which addendum extended the term of the Lease in
accordance with the terms of Paragraph 18 of the original Lease Agreement until
September 1, 1983, said Addendum establishing the monthly rental of One Hundred and
Fifty-Five Dollars and Two Cents ($155.02), computed at the annual rate of Eight and
One-Half Cents ($0.085) per square foot, and
WHEREAS, under the terms of Addendum 01-79 the City of Renton and the
Lessee also agreed that the square footage of the Lessee's property subject to the Lease
was, as of May 2, 1979, reduced from the 26,014.88 square feet leased by the Lessee in
the Lease Agreement 05-73 dated September 1, 1973, to a new total square footage of
21,884.95 square feet, and
WHEREAS, there is no Addendum 02 recorded, and
WHEREAS, the City of Renton and the Lessee agreed to and executed Addendum
03-83, which addendum extended the term of the Lease for the purpose of determining
current rental fee, under the provisions of Paragraph 18 of the original Lease
Agreement, until August 31, 1988, said Addendum establishing the monthly rental of
Two Hundred Fifty-Five Dolars and Thirty-Two Cents ($255.32), computed at the
annual rate of Fourteen Cents ($0.14) per square foot, and
WHEREAS, the City of Renton and the Lessee agreed to and executed Addendum
04-88 executed by the Mayor and City Clerk on January 28, 1988, which addendum
revised the Rental Renegotiation effective date to June 1, 1990, and
WHEREAS, on November 12, 1991, Puget Sound Power & Light agreed to a
rental rate increase establishing the monthly rental of Five Hundred Forty-Seven Dollars
and Twelve Cents ($547.12), computed at the annual rate of Thirty Cents ($0.30) per
square foot, said rental rate to be retroactive to the Rental Renegotiation Effective Date
of June 1, 1990, established by Addendum 04-88.
\Oia/S
*we low
NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND
BETWEEN THE CITY OF RENTON AND PUGET SOUND POWER & LIGHT
COMPANY AS FOLLOWS:
WITNESSETH:
1. The Lessor and Lessee do hereby agree to a rental rate of Five Hundred
Forty-Seven Dollars and Twelve Cents ($547.12), computed at the annual rate of Thirty
Cents ($0.30) per square foot, said rental rate to be retroactive to the Rental
Renegotiation Effective Date of June 1, 1990.
2. Lessor and Lessee do hereby agree that the annual rate of Thirty Cents
($0.30) per square foot shall remain in effect until September 1, 1993, the date of
termination of the Lessee's lease.
3. Lessor and Lessee do hereby agree that the minimum base rental for any lease
extension, new lease executed on or before the September 1, 1993 lease expiration date
or any other continuation of the lease as agreed by the parties, shall not be less than the
aforespecified rental of $547.12 per month.
4. The Lessor and Lessee do hereby agree that the square footage of the Lessee's
property subject to this lease is 21,884.95 square feet, the same constituting the square
footage as described by the legal description in Addendum 01-79.
5. All other terms and conditions of the original Lease Agreement shall remain
in full force and effect.
PUGET SOUND POWER & LIGHT COMPANY CITY OF RENTON
a Washington Corporation a Municipal Corporation
Nth
BY BY111, AJ
� . AA
_ J
Director Real Estate Mayor '
City ifar
Approved as to legal form
410°
AAA ' %/P
City Attor"
Leasee
PSP&LAdd
/G/NAL LAG 05-73
Addendum #06-93
ADDENDUM TO LEASE AGREEMENT
(City of Renton to Puget Sound Power & Light Company)
THIS ADDENDUM to Lease Agreement LAG #00555-73 is effective as of
September 1, 1993, and entered into this AS.a., day of , 1993.
RECITALS:
WHEREAS, the City of Renton and the Lessee previously entered into Lease
Agreement 05-73 dated September 1, 1973, with a term of twenty (20) years
commencing on September 1, 1973 and terminating on September 1, 1993, and
WHEREAS, rental payments were established to continue from September 1, 1973
to September 1, 1978, and every consecutive five (5) years thereafter rental rates were to
be readjusted by and between the parties to be effective for each ensuing five (5) year
period, resulting in rental rate adjustment dates of September 1, 1978, 1983, 1988 and
1993, and
WHEREAS, on November 12, 1991, Lessee agreed to an increase of the annual
rental rate to $0.30 per square foot per year, said rental rate to be retroactive to the
June 1, 1990, and
WHEREAS, upon expiration of the lease in 1993, Lessee has the right and option
to renew or extend the lease for a further term of ten (10) years upon notice, by the
Lessee to the Lessor, of the exercise of such option at least ninety (90) days prior to the
expiration of the original term of the lease, i.e., June 1, 1993, and
WHEREAS, Lessee did by letter dated May 25, 1993, delivered by certified mail
to the Airport Manager, notify the Lessor of Lessee's intent to exercise its option to
extend the term of the lease for an additional ten (10) year period beginning September
1, 1993, and
WHEREAS, the extended term of the lease will begin September 1, 1993 and
expire September 1, 2003, with no additional rights or options to renew or extend the
lease, and
WHEREAS, the current rental payments, as specified in Addendum #05-92 to
this lease, shall continue until the first day of September 1995. Effective as of that
date, and every consecutive five (5) years thereafter, said rental rate shall be readjusted
by and between the parties to be effective for each ensuing five (5) year period,
respectively, as specified in paragraph 18 of said lease, and
WHEREAS, upon expiration of this extended term of the lease on September 1,
2003, 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 and title thereto shall
pass and revert to the Lessor City upon September 2, 2003, unless Lessor exercises its
option to require Lessee to remove any and all improvement and structures at Lessee's
expense,
1;ktials
061111j
/411,
100"` Noe
Addendum #06-93 (Continued)
NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND
BETWEEN THE CITY OF RENTON AND PUGET SOUND POWER & LIGHT
COMPANY AS FOLLOWS:
WITNESSETH:
1. The Lessor and Lessee do hereby agree to an extension of the lease term
effective September 1, 1993 and expiring September 1, 2003.
2. The Lessor and Lessee do hereby agree to a rental rate of Five Hundred
Forty-Seven Dollars and Twelve Cents ($547.12) per month, computed at the annual rate
of Thirty Cents ($0.30) per square foot per year.
3. Lessor and Lessee do hereby agree that the annual rate of Thirty Cents
($0.30) per square foot shall remain in effect until September 1, 1995, and effective as
of that date the rental rate shall be readjusted by and between the parties as specified in
paragraph 18 of the lease.
4. All other terms and conditions of the original Lease Agreement shall remain
in full force and effect.
PUGET SOUND POWER & LIGHT COMPANY CITY OF RENTON
a Washington Corporation a Municipal Corporation
1111
BY BY
Director Real state Mayor
Age
City 0-7
Approved as to legal form
Date: 4 -ate-73
C7eAmV/AjdAltit01,--
City Attorney
Files/Lessees
PugetPwr/Lease
Adden06.doc
'Noe `ow LAG 05-73
Addendum#07-98
ADDENDUM TO LEASE AGREEMENT
(City of Renton to Puget Sound Energy, Inc.)
THIS ADDENDUM to Lease Agreement LAG 05-73 is effective as of the date of
execution by the City of Renton, as indicated on the last page of this addendum.
RECITALS:
WHEREAS, on November 12, 1991, Lessee agreed to an increase of the annual
rental rate to $0.30 per square foot per year, said rental rate to be retroactive to June 1,
1990, and continuing until the first day of September 1995, and
WHEREAS, effective as of September 1, 1995, the rental rate of$0.30 per square
foot per year was continued as the rental rate for the period September 1, 1995 through
August 31, 2000, and
WHEREAS, during 1997 the Puget Sound Power and Light Company changed its
name to Puget Sound Energy, Inc., and
WHEREAS, during July 1997, new land lease rates had been established by
arbitration, and
WHEREAS, the land rental rate for the land area leased by the Puget Sound
Energy, Inc. was determined to be $0.28 per square foot per year, and Puget Power and
Light.Company was refunded $0.02 per square foot per year for the period June 1, 1993
through December 31, 1997, and
WHEREAS, the land rental rate of$0.28 per square foot per year shall continue
until the first day of September 2000. Effective as of that date, said rental rate shall be
readjusted by and between the parties to be effective for the remaining three(3) year
period of the lease, and
WHEREAS, upon expiration of the extended term of the lease on September 1,
2003, 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 and title thereto shall
pass and revert to the Lessor City upon September 2, 2003, unless Lessor exercises its
option to require Lessee to remove any and all improvements and structures at Lessee's
expense.
LEASE AGREEMENT 05-73 l
City of Renton to Puget Sound Energy,Inc.
(formerly Puget Sound Power and Light Company)
Now New LAG 05-73
Addendum#07-98
NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND
BETWEEN THE CITY OF RENTON AND PUGET SOUND ENERGY, INC., AS
FOLLOWS:
WITNESSETH:
1. All leases and addenda bearing the name of Puget Sound Power and Light
Company shall be read as applying to Puget Sound Energy, Inc.
2. The Lessor and Lessee do hereby agree to a land rental rate of Twenty Eight
Cents ($0.28)per square foot per year.
3. Lessor and Lessee do hereby agree that the annual rate of Twenty Eight Cents
($0.28) per square foot per year shall remain in effect until September 1, 2000, and
effective as of that date the rental rate shall be readjusted by and between the parties as
specified in paragraph 18 of the lease.
4. All other terms and conditions of the original Lease Agreement shall remain in
full force and effect.
PUGET SOUND ENERGY, INC. CITY OF RENTON
a Washington Corporation a Municipal Corporation
Asni
P'rector -Real-Estee-ifcj�'lvlayoi e s e a
(OKPOCAT (AUULES
OA/4 -
Approved as to legal form City Clerk 'Ma4lyn J. Petersen
City Attorney
LEASE AGREEMENT
City of Renton to Puget Sound Energy,Inc.
(formerly Puget Sound Power and Light Company)
1
✓ �
LAG 05-73
Addendum#08-00
ADDENDUM TO LEASE AGREEMENT
(City of Renton to Puget Sound Energy, Inc)
THIS ADDENDUM to Lease Agreement LAG 05-73 is effective as of the date of
execution by the City of Renton, as indicated on the last page of this addendum.
RECITALS:
WHEREAS, effective September 1, 2000, the land rental rate of$0.28 per square
foot per year was readjusted for the remaining three year period of the lease, and
WHEREAS, the Lessor proposed by letter, dated August 14, 2000, that the land
rental rate be adjusted utilizing the Consumer Price Index-Urban for the Seattle-Tacoma
area, and
WHEREAS, the proposed adjustment would result in a land rental rate increase of
the $0.28 land rental rate to $0.3271 per square foot per year, and
WHEREAS, the proposed adjustment would result in an annual rent increase from
$6,127.79 to $7,158.57, and
WHEREAS, on August 21, 2000, Lessee responded by letter that the proposed
increase was satisfactory
NOW, THEREFORE,IT IS HEREBY AGREED AND COVENANTED BY AND
BETWEEN THE CITY OF RENTON AND PUGET SOUND ENERGY, INC., AS
FOLLOWS:
WITNESSETH:
1. The Lessor and Lessee do hereby agree to a land rental rate of Thirty Two
Point Seven One Cents ($0.3271) per square foot per year, effective September 1, 2000.
2. Lessor and Lessee do hereby agree that the annual land rental rate of Thirty
Two Point Seven One Cents ($0.3271) per square foot per year shall remain in effect until
September 1, 2003.
3. All other terms and conditions of the original Lease Agreement shall remain in
full force and effect.
C& 6iii #
LEASE AGREEMENT 05-73 i
City of Renton to Puget Sound Energy,Inc.
Ite
**se LAG 05-73
Addendum#08-00
PUGET SOUND ENERGY, INC. CITY OF RENTON
a Washington Corporation a Municipal Corporation
1 /i"
IiirectorxCorporate Faciries ayor
411
City Cl/k
Approved as to legal form
City Attorney
&rIJTh
LEASE AGREEMENT 05-73 2
City of Renton to Puget Sound Energy,Inc.