Loading...
HomeMy WebLinkAboutAdden 02 . LAG 10-001 n ' Amendment 02-13 AMENDMENT TO LEASE AGREEMENT (City of Renton to The Boeing Company) THIS AMENDMENT No. 2 to Lease Agreement LAG 10-001 is effective as of June 1, 2013. RECITALS: WHEREAS, The Boeing Company has a Lease Agreement with the City of Renton, LAG 10-001, executed on June 1, 2010; and WHEREAS, LAG 10-001 relates to the rental of buildings as well as parcels of land, as shown in the table in Section.4.a. Minimum Monthly Rent; and WHEREAS, on June 1, 2010, the initial monthly building and land rental amount was determined to be $87,750.16, and continuing until the third (3rd) anniversary of the Commencement Date, which is determined to be June 1, 2013; and WHEREAS, on June 1, 2013, and for the ensuing three.(3) year period, the building and land rental amount was adjusted using the Consumer Price Index-Urban, resulting in an increase of six and three tenths percents (6.3%), and continuing until the next Adjustment Date, which is determined to be June 1, 2016; and WHEREAS, The Boeing Company has a Through The Fence Access Agreement, under Lease LAG 10-001, Attachment A; and WHEREAS, on June 1, 2010, the initial Through The Fence Access Fee was determined to be an annual amount of$271,092.52, and continuing until third anniversary of the Commencement Date, which is determined to be June 1, 2013; and WHEREAS, on June 1, 2013, and for the ensuing three (3) year period, the Through The Fence Access Fee was adjusted using the Consumer Price Index-Urban, resulting in an increase of six and three tenths percents (6.3%), and continuing until the next Adjustment Date, which is determined to be June 1, 2016. ORIGINAL Lease Agreement LAG 10-001 1 City of Renton to The Boeing Company • LAG 10-001 Amendment 02-13 NOW,THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND THE BOEING COMPANY AS FOLLOWS: WITNESSETH: 1. Landlord and Tenant agree that the difference between the CPI-U of April 2013, as compared to April 2010, is 6.3% (240.823/226.513 = 1.063 or 6.3%). This results in a ground lease rate increase from $0.62 to $0.66 per square foot per year, and a building lease increase of six and three tenths percent (6.3%). 2. Effective on the date of this Amendment No. 2, Section 4a. of LAG 10-001, is hereby amended to read as follows: 4.a. Minimum Monthly Rent: Landlord and Tenant do hereby agree that Tenant shall pay to Landlord a Minimum Monthly Rent in the sum of ninety three thousand, three hundred forty four dollars and forty five cents ($93,344.45), which amount is one-twelfth of the Total Annual Rent shown in the chart below, PLUS leasehold excise tax as described in Section 5 of lease LAG 10-001, without deduction, offset, prior notice or demand, payable promptly in advance on the first day of each and every month during the Term. All such payments shall be made to the City of Renton, Renton Municipal Airport, 616 West Perimeter Road-Unit A, Renton, Washington 98057. The Minimum Monthly Rent is computed as follows: Lease Agreement LAG 10-001 2 City of Renton to The Boeing Company • LAG 10-001 Amendment 02-13 Exhibit Lease Parcel/Building Leased 2013 Rates Annual Rent Description area (sq ft) Exhibit A 5-08/5-09 Building and Land $379,179.54 $379,179.54 and Aircraft Position A-1 Exhibit B 5-50 Building (See note $163,276.80 $163,276.80 below) Exhibit B Land and Aircraft Positions A- 132,896 $0.66/sq ft/yr $87,711.36 2 &A-3 (including land under 5-50 Building) Exhibit C Aircraft Position A-4 through 467,809 $0.66/sq ft/yr $308,753.94 A-9 and Compass Rose Exhibit D North Bridge Access 16,778 $0.66/sq ft/yr $11,073.48 Exhibit E Apron B 167,829 $0.66/sq ft/yr $110,767.14 Exhibit F Boeing Substation B-1 453 $0.66/sq ft/yr $298.98 Exhibit G 5-45 Building (building only) $21,366.30 $21,366.30 Exhibit G 5-45 Land (land only) 57,130 $0.66/sq ft/yr $37,705.80 Total Annual Rent= $1,120,133.34 plus Leasehold Excise Tax Note relating to Exhibit B: The Parties acknowledge that in 2009 and 2010, the Tenant made a substantial capital investment in improvements to the 5-50 Building, including numerous alterations to the structure as well as improvements within the building. Tenant's financial investment as well as these improvements and Tenant's use of the building as a paint hangar have made this a unique building. Pursuant to provisions in the prior lease, Renton will assume ownership of this building on June 1, 2010. So, while Landlord will charge Tenant rent for its use, the Parties have agreed to treat this building differently from other buildings in certain provisions of this Lease. The rental rate for the 5-50 Building shall adjust according to the terms set out in this Paragraph 4, EXCEPT that in those years when the Minimum Monthly Rent is adjusted to the "then current market rent", pursuant to Paragraph 4.b.2, below, the parties agree that the appraisal (or other form of analysis to determine fair market rental) relating to the 5-50 Building shall evaluate the building as an aircraft hangar, and as if the improvements made by Tenant in 2009-2010, and described in Paragraph 4.d, below, had not been made. However, the Parties agree that the condition of the building, as it is maintained by Boeing, shall be Lease Agreement LAG 10-001 3 City of Renton to The Boeing Company 0 LAG 10-001 Amendment 02-13 considered in the appraisal (or other form of analysis) to determine the fair market rental. 3. Effective on the date of this Amendment No. 2, Section 4. of Attachment A to LAG 10-001, is hereby amended to read as follows: 4. Payment of Access Fee: Boeing shall pay to City an annual Through The Fence Access Fee in the annual amount of Two Hundred Eighty Eight Thousand One Hundred Seventy One Dollars and Thirty Five cents ($288,171.35), payable. in equal monthly installments on the first day of each month during the term of the Lease (including extensions thereof), subject to increases as set out below. 5. All other terms and conditions of the original Lease Agreement and Amendments thereto, insofar as they are not inconsistent herewith, shall remain in full force and effect. The Boeing Company CITY OF RENTON a Washington Corporation a Municipal Corporation Denis Law Steven E. Sahiinger Mayor -.? Authorized SignatDory Title Bonnie Walton City Clerk Date Appr ed as to legal form City Attorney I Lease Agreement LAG 10-001 4 City of Renton to The Boeing Company