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HomeMy WebLinkAboutAdden 40 ADDENDUM TO LEASE AGREEMENT (City of Renton to Pro - Flight Aviation, Inc.) LAG 99 -002 Addendum #4 -10 THIS ADDENDUM to Lease Agreement LAG 99 -002 is effective as of August 1, 2010. RECITALS: WHEREAS, Pro - Flight Aviation, Inc. has a Lease Agreement with the City of Renton, LAG -99 -002, executed on August 1, 1998; and WHEREAS, on July 31, 2007, the land rental rate for the approximately 35,595 square feet of land area leased by Pro - Flight Aviation, Inc. was determined to be $0.367 per square foot per year and continuing until July 31, 2010; and 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 value. The market appraisal determined the fair market ground lease rate to be $0.62 per square foot per year for all ground leases on the Airport; and WHEREAS, in a letter dated May 24, 2010, Pro - Flight Aviation, Inc. was notified that the lease rate would be readjusted using a means other than the Consumer Price Index- Urban; and WHEREAS, on August 1, 2010, and for the ensuing three (3) year period, the land rental rate was adjusted, using the market appraisal, to a rate of $0.62 per square foot per year for the 35,595 square feet of leased area, resulting in an annual rental amount of $22,068.90 (35,595 x $0.62), and continuing until July 31, 2013. NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND PRO - FLIGHT AVIATION, INC. 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 $22,068.90 (35,595 x $0.62 = $22,068.90), for the 35,595 square feet identified in Lease Agreement LAG 99 -002. 3. Lessor and Lessee do hereby agree that the annual land rent rate in paragraph 2 shall remain in effect until July 31, 2013, and effective as of that date, and for each three Lease Agreement 99 -002 City of Renton to Pro - Flight Aviation, Inc. LAG 99 -002 Addendum # (3) 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 5 below. Minimum base rental for any extended period shall not be less than the current annual rental of $22,068.90. 4. 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. 5. 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 three (3) 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). 6. All other terms and conditions of the original Lease Agreement shall remain in full force and effect. Pro - Flight Aviation, Inc. a Washington Corporation IVAN,CAM '4 % §e5,ld 14ii Title Lease Agreement 99 -002 City of Renton to Pro - Flight Aviation, Inc. CITY OF RENTON a Municipal Corporation Denis Law Mayor Bonnie Walton City Clerk QG�� a6, ao i o Date Approyed as to legal forrjm� , City Attorney