Loading...
HomeMy WebLinkAboutAdden 03 LAG-10-001 Amendment No. 3 AMENDMENT TO LEASE AGREEMENT (City of Renton to The Boeing Company) THIS AMENDMENT No.3 to Lease Agreement LAG-10-001("Amendment No. 3") is entered into by the City of Renton and The Boeing Company with reference to that certain lease designated as LAG-10-001 (the"Agreement")between the same parties and is effective as of the "Effective Date" as defined in Section 1. of this Amendment No 3. RECITALS: 1. WHEREAS, under LAG-10-001 dated May 19, 2010,the City of Renton (Landlord) had leased to The Boeing Company (Tenant) certain land area, facilities and buildings on the Renton Municipal Airport, Renton, Washington; until May 31, 2030; and 2. WHEREAS,Tenant desires to realign aircraft parking stalls B-1 through B-5 in Apron B, from a ninety degree angle to a forty five degree angle to the runway in order to accommodate Boeing 737s; and 3. WHEREAS,to accommodate the realignment of Aircraft positions,the Tenant desires to increase the size of the rented premises on Apron B from 167,829 square feet as shown in "Exhibit E" of LAG 10-001 to 174,073 square feet as shown on the "Revised Exhibit E" (dated 11/13/12) which is an additional 6,244 square feet; and 4. WHEREAS, Tenant desires to install a new utility corridor without the Tenant's leased area for power, communications and compressed air beginning from the north end of Apron A, running beneath Taxiway Bravo, Runway 16/34, and then heading south parallel to Taxiway Alpha, crossing Taxiway Alpha at the south end to service the Tenant owned facilities on Apron B; and 5. WHEREAS, an easement for the new utility corridor without the Tenant's existing leased area is attached hereto and made a part of this Amendment as "Exhibit I—Utility Installations Easement Agreement" (hereinafter"Utility Easement"); and 6. WHEREAS, the utility easement is 10 feet wide and 2,214.75 feet long for a total area of 22,147.74 square feet as shown on "Exhibit I—Utility Installations Easement Agreement"; and 7. WHEREAS,Tenant and Landlord agree to a ground lease rate for the utility easement that is thirty-three percent of the then current ground rate established a) in Lease LAG 10-001, and b) in all future amendments thereto; and 8. WHEREAS,the ground rate is $0.62 per square foot per year until May 31, 2013; and Page.1 � A oRIG L LAG -10-001 Amendment No. 3 9. WHEREAS,the ground rate shall be $0.66 per square foot per year beginning June 1, 2013 and is in effect until the next rental adjustment period as established in Lease LAG 10-001; and 10. WHEREAS, the rental amount for the Utility Easement is thirty three percent of the current ground leased rate or four thousand five hundred thirty one dollars and forty three cents (33%X$0.62/sq. ft./yr. x 22,147.74 sq. ft. = $4,531.43) per year plus Leasehold Excise Tax and is in effect until May 31, 2013; and 11. WHEREAS, beginning June 1, 2013, the rental amount for the Utility Easement is thirty three percent of the current ground leased rate or four thousand five hundred thirty one dollars and forty three cents (33%X$0.66/sq. ft./yr. x 22,147.74 sq. ft. _ $4,872.50) per year plus Leasehold Excise Tax and is in effect until the next rental adjustment period as established in Lease LAG 10-001; and 10. WHEREAS,the address in Section 4 RENTS AND FEES of LAG-10-01 for payment of fees needs to be amended to reflect that all rents and fee payments shall be made to the City of Renton, Airport Administration Office, Renton Municipal Airport, 616 West Perimeter Road, Unit A, Renton, Washington 98057; and 11. WHEREAS, in Amendment 1 of LAG-10-001, the date of the initial lease term within the Recitals portion of Lease Amendment 1 to LAG 10-001 was incorrectly stated as May 31, 2050, rather than May 31, 2030. NOW,THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE LANDLORD AND THE TENANT AS FOLLOWS: WITNESSETH: Landlord and Tenant agree to amend the original Lease Agreement, LAG-10-001, in the following respects: 1. The Effective Date of this Amendment No 3 is December 1, 2012. 2. Effective on the date of this Amendment No. 3, Section 1.a. of LAG 10-001 is amended to read as follows: 1. GRANT OF LEASE 1.a.Legal Description and Reservation of Easement: Landlord hereby leases to Tenant, and Page 2 LAG -10-001 Amendment No. 3 Tenant leases from Landlord for the Term described in Section 3 below,the parcels of land and, where applicable, the buildings and other improvements associated therewith, shown on the following Exhibits with the Lease Maps and Legal Descriptions and Boeing Building Numbers: Exhibit"A"—Lease Parcel 5-08/5-09,as Amended by Amendment No. 1 Exhibit"B"—Lease Parcel 5-50 and 5-50 Building Exhibit"C'—Lease Parcel Aircraft Positions A-4 through A-9&Compass Rose Exhibit"D"—Lease Parcel North Bridge Access Revised Exhibit"E"—Amended Apron B Exhibit"F"—Boeing Substation B-1 Exhibit"G"—Lease Parcel Fuel Farm/Building 5-45 Exhibit "I"—Utility Installations Easement Agreement 3. The ground area known as Apron B and as shown in "Revised Exhibit E—Amended Apron B" dated 11/13/12 which is attached to this lease amendment, and incorporated by this reference, is now 174,073 square feet as reflected in the schedule in Section 4.a. Minimum Monthly Rent, below. 4. Effective on the date of this Amendment No. 3, Section 4.a. Minimum Monthly Rent, of LAG 107001 is amended to read as follows: 4. RENT AND FEES: 4.a. Minimum Monthly Rent: Tenant shall pay to Landlord a Minimum Monthly Rent in the sum of eighty eight thousand, four hundred fifty dollars and thirty eight cents ($88,450.38), which amount is one-twelfth of the Total Annual Rent shown in the chart below, PLUS Leasehold Excise Tax as described in Section 5, below 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, Airport Administration Office, Renton Municipal Airport, 616 West Perimeter Road, Unit A, Renton, Washington 98057. The Minimum Monthly Rent is computed as follows: Page 3 L LAG -10-001 Amendment No. 3 Exhibit Lease Parcel/Building Leased 2010 Rates Annual Rent Description area (sq ft) Exhibit A 5-08/5-09 Building and $356,707 $3561707.00 Land and Aircraft Position A-1 Exhibit B 5-50 Building (See note $153,600 $153,600.00 below) Exhibit B Land and Aircraft 132,896 $0.62/sq $82,395.52 Positions A-2 &A-3 ft/yr (including land under 5- 50 Building) Exhibit C Aircraft Position A-4 467,809 $0.62/sq $290,041.58 through A-9 and ft/yr Compass Rose Exhibit D North Bridge Access 16,778 $0.62/sq $10,402.36 ft/yr Revised Amended Apron B 174,073 $0.62/sq $107,925.26 Exhibit E ft/yr Exhibit F Boeing Substation B-1 453 $0.62/sq $280.86 ft/yr Exhibit G 5-45 Building (building $20,100 $20,100 only) Exhibit G 5-45 Land (land only) 57,130 $0.62/sq $35,420.60 ft/yr Exhibit I Utility Installations 22,147.74 33%of $4,531.43 Easement Agreement $0.62/sq ft/yr Total Annual Rent=$1,061,404.61 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 Page 4 LAG -10-001 Amendment No. 3 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 considered in the appraisal (or other form of analysis) to determine the fair market rental. 5. Effective June 1, 2013, Section 4.a. Minimum Monthly Rent, of LAG 10-001 is amended to read as follows: 4. RENT AND FEES: 4.a. Minimum Monthly Rent: Tenant shall pay to Landlord a Minimum Monthly Rent in the sum of ninety four thousand ninety three dollars and ninety one cents ($94,093.91), which amount is one-twelfth of the Total Annual Rent shown in the chart below, PLUS Leasehold Excise Tax as described in Section 5, below 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, Airport Administration Office, Renton Municipal Airport, 616 West Perimeter Road, Unit A, Renton, Washington 98057. The Minimum Monthly Rent is computed as follows: Exhibit Lease Leased 2010 Rates Annual Rent Parcel/Building area (sq Description ft) Exhibit 5-08/5-09 $$379,179.54 $379,179.54 A Building and Land and Aircraft Position A-1 Exhibit 5-50 Building $163,276.80 $163,276.80 B (See note below) Exhibit Land and 132,896 $0.66/sq ft/yr $87,711.36 B Aircraft Page 5 LAG -10-001 Amendment No. 3 Positions A-2 & A-3 (including land under 5- .50 Building) Exhibit Aircraft 467,809 $0.66/sq ft/yr $308,753.94 C Position A-4 through A-9 and Compass Rose Exhibit North Bridge 16,778 $0.66/sq ft/yr $11,073.48 D Access Revised Amended 174,073 $0.66/sq ft/yr $114,888.18 Exhibit Apron B E Exhibit Boeing 453 $0.'66/sq ft/yr $298.98 F Substation B-1 Exhibit 5-45 Building $20,100 $21,366.30 G (building only) Exhibit 5-45 Land (land 57,130 $0.66/sq ft/yr $37,705.80 G only) Exhibit Utility 22,147.74 33% of$0.66/sq ft/yr $4,872.50 1 Installations Easement Agreement Total Annual Rent= 1,129,126.88 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 Page 6 LAG-10-001 Amendment No. 3 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 considered in the appraisal (or other form of analysis)to determine the fair market rental. 5. Landlord shall grant to Tenant an easement for utility installations in the form of The Utility Easement as shown in "Exhibit I—Utility Installations Easement Agreement" which is attached to this lease amendment, and incorporated by this reference. The area subject to said easement is 22,147.74 square feet. 6. Prior to the Effective Date of this Amendment No. 3, Landlord shall have executed the Utility Easement in recordable form and shall have delivered the Utility Easement to Tenant with a written authorization to record the Utility Easement in the records of.King County, Washington, such recordation to take place no earlier than the date on which Landlord and Tenant have executed and delivered this Amendment No. 3. Upon termination of the Utility Easement,the Tenant shall execute and record a release of the Utility Easement. 7. The parties hereby acknowledge that Recital 1 of Amendment No. 1 to Lease Agreement LAG-10-001 ("Amendment No. 1") contains a typographical error; the date of the initial lease term within the Recitals portion of Lease Amendment 1 to LAG 10- 001 was incorrectly stated as May 31, 2050, rather than May 31, 2030. 8. Miscellaneous Provisions Applicable to this Amendment No:,3. 8.1. All terms used in this Amendment No. 3 that are defined in the Agreement are used in this Amendment No. 3 as they are defined in the Agreement. 8.2. This Amendment No. 3 may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. 83. This Amendment No. 3 supersedes any prior agreements, negotiations, and communications, oral or written,with respect to the subject matter of this Amendment No. 3 and contains the entire agreement between, and the final expression of, Landlord and Tenant with respect to the subject matter of this Amendment No. 3. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of either Page 7 t LAG -10-001 Amendment No. 3 party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 8.4. Status of Agreement: As amended by.this Amendment No. 3,the Agreement continues in full force and effect in accordance with its terms. On and after the date of this Amendment No. 3, the Agreement shall be deemed amended by this Amendment No. 3 and all references in the Agreement to "this Agreement" "this Lease" "herein" "hereof" and the like shall be deemed to be references to the Agreement as amended by Amendment No. 1, Amendment No. 2 and this Amendment No. 3. TENANT: LANDLORD: THE BOEING COMPANY CITY OF RENTON a Delaware Corporation a Municipal Corporation Mayor, Denis Law StAV�en E SshlinAg�_ ;��• * • nutnorizsd s.91na>rory ;_A-�: y Cl�/Cad 1,3 ATTEST: C3• ;tr Date On City Clerk, Bonnie Walton A?-140/3 Date I App ed astolegalform: Lawrence J.Warren City Attorney Page 8 LAG -10-001 Amendment No. 3 Revised Exhibit E — Amended Apron B Page 9 I � LAG -10-001 Amendment No. 3 tp va v ..` W LANE HARCAR ICA.SE � t 473 s3 ,.._ 0$5 At3kE5 3 � yr "yy SCALE st y 1 FEET� i B-5 Mar #rs �w r 4� zza� st 1/4 t�s�T t x.A W 37,451 souNSv 23 0 VAST, Wv 3f4 k9S(C CTfL73TY i1A 3dl7`",.O AS PtXLQS}` A7 TN£'NORM iWAR'fE? Nt-R Or S4'D _ S SE'CYiiT` to HtZ WARS.afi S€S4 ,..2#319 FEET My '707*' so;'24`4S W Awwc Tat£N{�fim/sov'N cmTrNt,0114 a(San? g 5M?.ON Ta MA2(#g F' TWXCE SSSUS15T Ot,E5 Ft T To d`* A C?NC 25700(EuT its r of.Am PARAUU 'W THE , IXCN",'504'-"43i ALONG SAfD PA4A4fE OVE.4-f 2S tat., S a TKNCE N45 O'17"C 0,00 FEET TO A LY'4s$800 f$E'r,KIST Of SAtP C.:E'NTC 0Nr Of-TAXI*AY A Mr FEE sN*'r43 w A=LONO 5RO 4fW. MIC;$F£E'3 "iFi IJCE SSS's II7 Y1.16323 T2 x 7. "` .33.963;43 It m i FEET. MCNCE SWWWK M,0 MIT`?Fi A LWr 2S7. t3 T& a" FEET W,,-!,T 01 ANP,PARAC,Ct;'3.VOf SAlo CENTERtI'�C4' t 2A5�,39' 1$ ?A)0W dY A.' TN.ENCCC S k;'43 E*XNC SAID 040.54317f t FEET to TH r 'scawt# ....„� £ L A 174V'3 SC"�JA,Pk'MET 3:4,00 ACRES) �'l �tPs7"Nt E E a i 5 ; 8— m ' sp a "A 'f9 (/{. �N 7 W #7195 k9 4R ° WA.iYrSm' TCtdw CpORbgwr:Sys-To wo$3 apm)i NORM tow, 4q ft § � E f i f 1 a� y i GMs€o DMISI°F-APRON e � Page 10 LAG-10-001 Amendment No. 3. Exhibit I — Utility Installations Easement Agreement Page 11 i EXHIBIT I- UTILITY INSTALLATIONS EASEMENT AGREEMENT THIS UTILITY INSTALLATIONS EASEMENT AGREEMENT(this "Utility Easement") is made and entered into as of,�,�7� X23 , 20L3_, by and between THE CITY OF RENTON, as the owner of the land described in ATTACHMENT A("Grantor"), and THE BOEING COMPANY, a Delaware corporation, as the tenant of the land described in ATTACHMENT B ("Grantee"), RECITALS : A. Grantor is the owner of that certain parcel of land located within the City of Renton (the "City"), lying within the boundaries of the City of Renton Airport (the "Servient Estate") as described in ATTACHMENT A. B. Grantee is the tenant of land owned by the Grantor that requires additional utility services (the "Dominant Estate") as described in ATTACHMENT B. C. Grantee wishes to.install on the Servient Estate utility lines, vaults, and other installations(the "Utility Installations")that will benefit the Dominant Estate. Grantee wishes to obtain and Grantor is willing to grant an easement, under, and through the portion of the Servient Estate legally described and depicted on ATTACHMENT C attached hereto and incorporated herein (the "Easement Area") for the Utility Installations. Said easement shall continue for as long as the Grantee leases any portion of Apron B under Lease Agreement LAG 10-001 and amendment thereto. AGREEMENT NOW, THEREFORE, for and in consideration of annual rent payments as established in Amendment No. 3 to LAG 10-001 and other valuable consideration,the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants, declares, reserves and conveys to Grantee, and its successors and assigns in title to the Dominant.Estate,the right to retain the Utility Installations, as defined in Section 1—Purpose (below), and an easement, under, and through the Easement Area so long as the Grantee leases any portion of the Amended Apron B area, subject to and conditioned upon the following terms, conditions and covenants which Grantor and Grantee, respectively, hereby promise to ' faithfully and fully observe and perform. 1. Purpose Grantee shall have the right to retain the Utility Installations (hereafter defined as and limited to: power, communications and compressed air) in the Easement Area and the PAGE 1 of 13 right of access, ingress and egress, over, under, and through the Easement Area for the purposes of repairing, replacing and maintaining the Utility Installations with Grantee gaining prior permission from the Grantor with at least 30 days' prior notice. Grantee understands that the easement area is within the Aircraft Operation Area and therefore, the Grantor reserves the right to place conditions on any of the Grantee's actions needed to repair, replace or maintain the Utility Installations. 2. Compliance with Laws and Rules Grantee shall at all times exercise its rights herein in accordance with the requirements (as from time to time amended) of any public authority having jurisdiction and all applicable statutes, orders, rules and regulations. 3. Grantee's Use and Activities Grantee shall exercise its rights under this Easement Agreement so as to avoid to the extent practical material interference with Grantor's, or other Tenants' use of the Easement Area. 4. Grantor's Use of the Easement Area Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted; provided, that Grantor shall not erect, construct or maintain any structures or building improvements or landscaping in the Easement Area. S. Grantor's Covenants and Warranties Grantor covenants with Grantee that it shall not disturb or sever the Utility Installations, or tap into the Utility Installations, or disrupt the Utility Installations service to Grantee or relocate the Utility Installations. Grantor warrants that it is the owner of legal title in fee simple to the Easement Area and that for as long as Grantee performs its obligations under this Easement Agreement, Grantee shall have the quiet use, possession, and enjoyment of the Easement Area and its rights hereunder. i 6. Indemnity Grantee shall hold Grantor, its directors, officers, elected officials, employees, invitees, contractors, and agents harmless from and against any and all claims or liability for bodily injury to or death of any person or loss of or damage to any property or business interest arising out of the Grantee's use of the Easement Area or from any activity, work or thing done, permitted or suffered by the Grantee, its employees, agents, contractors or invitees in or about the Easement Area, except claims and liabilities to the extent caused by PAGE 2 of 13 I any negligence or willful misconduct on the part of the Grantor, its agents, elected officials, employees, contractors or invitees. 7. Termination of Easement The rights herein granted shall continue until such time as (1) Grantee gives ninety (90) day's prior written notice to Grantor of Grantee's intention to terminate the easement described in this Easement Agreement. Upon the termination of the easement granted herein at Grantors option, Grantor shall have the right to accept the Utility Installations in their"AS IS" condition. Alternatively, Grantor may, at its option, require Grantee to remove any and all improvements and structures installed by Grantee from the Utility Easement shown in Attachment C, and repair any damage caused thereby at Grantees expense with the exception that Grantee will not be obligated to remove any improvements and structures installed by Grantee from the area under the runway. Grantee shall not be required to perform any cleanup or remediation of any contamination of the soil or groundwater in, on or under the Easement Area except for contamination released by Grantee on the Easement Area during the term of this Easement Agreement. Grantee shall execute a release of the easement and record such release. 8. Notices i Notices required to be in writing under this Easement Agreement shall be personally served or sent by U.S. mail or sent by nationally recognized overnight courier with all charges for next business day delivery prepaid. Any notice given by hand or by courier shall be deemed given when delivered and any notice sent by mail shall be deemed to have been received when three days have elapsed from the time such notice was deposited in the U.S. mail, postage prepaid, and addressed as follows: To Grantor: City of Renton Attn: Airport Manager Airport Administration Office 616 West Perimeter Road, Unit A Renton, WA 98057 To Grantee: Boeing Planning& Real Estate 10-80 Building; M/C 6X5-13 635 Park Ave N Renton, WA 98055 Attn: Director - 425-373-2109 PAGE 3 of 13 I I I With a copy to: Boeing Law Department Attn: Real Estate Counsel M/C 11-XT 7755 E. Marginal Way South Seattle, WA 98108 Either party may change the address to which notices may be given by giving notice as above provided. 9. Title The rights granted herein are subject to permits, leases, licenses and easements, if any, heretofore granted by Grantor affecting the Easement Area. 10. Covenants Running with the Land/Successors and Assigns The Easement granted herein, only for the duration identified herein, shall be a covenant running with the land, and shall burden and benefit Grantor, Grantee and their respective successors and assigns in interest of the Servient Estate and the Dominant Estate, respectively. 11. No Termination of Prior Liability No termination of this Easement Agreement shall release Grantee from any liability or obligation with respect to any matter occurring prior to such termination. 12. Attorneys' Fees In the event either party brings a legal action against the other party to enforce its rights hereunder,the substantially prevailing party shall be entitled to receive reimbursement from the other party of such prevailing party's costs incurred in such legal, action (including the costs of appeal), including the reasonable fees'and disbursement of the prevailing party's attorneys, in addition to all other rights and remedies available to the prevailing party at law or in equity. 13. No Merger of Estates The easement granted herein shall not extinguish or terminate by operation of the doctrine of merger or otherwise due to the existing or future common ownership of the real property described herein. PAGE 4 of 13 14.. Complete Agreement This Easement Agreement contains the entire agreement of the parties with respect to this subject matter and supersedes all prior or contemporaneous writings or discussions relating to the easement provided for herein. This Easement Agreement may not be amended except by a written document executed after the date hereof by the duly authorized representatives of Grantor and Grantee. This Easement Agreement includes ATTACHMENTS A, B and C, which by this reference are incorporated into this Easement Agreement. 15. Choice of Law This Easement Agreement shall be governed by the law of the State of Washington, exclusive of its choice of law rules. PAGE 5 of 13 IN WITNESS WHEREOF,the parties have executed this Easement Agreement as of the date first above written. Grantor: THE CITY OF RENTON, WASHINGTON B Y Q Its: Authorized Signatory— Denis Law, Mayor Grantee: THE BOEING COMPANY, a Delaware corporation, in its capacity as the owner of the land described in ATTACHMENT B /.� Its: A thorized Signatory On this a3 day of'j4g226d , 20O L8 before me, the undersigned,the City Clerk of the City of Renton, personally appeared )0-01� lazli , to me known to be the person who signed as 7}?¢�,sdr• of THE CITY OF RENTON,the municipality that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipality for the uses and purposes therein mentioned, that was authorized to execute said instrument and that the seal affixed is the municipal seal of the City of Renton, King County, Washington. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. OF REf :;G�'C-• T� ' ATTEST: Bonnie Walton, City Clerk s EA L * Z Date: STATE OF j.(JQSA�' �^ �s PAGE 6 of 13 WASHINGTON j )ss. COUNTY OF C' ) On this day of keC , 20_S before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared 1'�viz r� c�� 1 t��l c,,��,� ,to me known to be the person who signed as 4tA-jj--)r7rl�:r,�, S�C.►�tz r`t -;of THE BOEING COMPANY, the corporation that executed the within and 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 r, was duly elected, qualified and acting as said officer of the corporation,that b was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. Notary Public w State of Washington (Signature of Notary) ARLENE C RICE W App6in0nent Expires Aug 15,•2016 . (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: a h I CE PAGE 7 of 13 ATTACHMENT A Legal Description of Servient Estate RENTON MUNICIPAL AIRPORT LEGAL DESCRIPTION Portions of sections seven(7)and eighteen(18)township twenty-three(23)north,range five(5)east,W.M., and certain shorelands,more particularly described as follows: Beginning at a point on the inner harbor line of Lake Washington as shown upon sheet No.26 of the plat of Lake Washington Shore Lands Survey 1921,as said plat was filed with the auditor of King County, Washington, Sept. 19, 1921,under auditor's file No. 1552504,which point bears north 350 00'west 92.62 feet from the angle point in said inner harbor line designated"862"on said plat,and running thence south 350 00' 00"east,along said inner harbor line,92.62 feet to said angle point;thence east,along said inner harbor line, 403.70 feet;thence south 130 53'28"east 924.67 feet;thence south 760 06'32"west 50.00 feet;thence south 130 53'28"east 318.15 feet;thence south 140 08'28" east 3239.00 feet;thence south 150 12'50"east 99.52 feet;thence south 180 16'25"east 100.01 feet;thence south 210 39'45"east 100.45 feet;"thence south 240 31' 35"east 104.68 feet;thence south 280 13'20" east 100.79 feet;thence south 310 11'40"east 100.27 feet;thence south 340 18'30"east 100.02 feet;thence south 37014'05"east 100.05 feet;thence south 400 03' 10"east 100.33 feet;thence south 420 53'30"east 100.87 feet;thence south 450 39'20"east 101.62 feet to a point on a line which is a production northerly of the east line of lot twenty-three(23),block four(4),Renton Real Estate Co's 1 st addition to Renton;thence south 00 31'47"west,along said produced line and the east line of lots twenty-three(23)and eighteen(18),block four(4)of said plat,254.62 feet to the intersection of the north line of Dixie Avenue as now located and established with the east line of lot eighteen(18),block four(4)of the said addition;thence along the north line of said Dixie Avenue,north 880 34'43"west 1486.84 feet to the west line of Lake Street;thence north 00 31'47" east,along said west line, 10.00 feet;thence north 880 34'43"west, along the north line of said Dixie Avenue,225.49 feet to an angle point in said line;thence north 710 29' 12" west,along said north line, 152.58 feet,more or less,to the easterly right-of-way line of Primary State Highway No. 5 as now fixed and established;thence northerly along said right-of-way line,following the tangent and curving courses thereof,to an intersection with a line which is 5 feet south of and parallel to the line between lots seven(7)and eight(8),block eighteen(18),of the plat of Bryn Mawr,King County, Wash.,produced easterly,according to plat thereof recorded in volume 5 of plats,page 58,records of said county;thence south 880 27'28"east,along said parallel line,89.23 feet to a point which is 540.00 feet west,measured along said parallel line,from the west line of Black River Waterway as shown upon sheet No.5 prepared by Udo Hesse, Court Commissioner,and filed in King County Superior Court Case No. 156371;thence north 50 16'5 1"east 438.90 feet to an intersection with a line which is 2 feet south of and parallel to the line between lots one(1)and two(2),block seventeen(17),of said plat of Bryn Mawr,produced easterly,said point of intersection being 520.00 feet west,measured along said parallel line, of the west line of said waterway;thence north 400 09'47" east 188.55 feet;thence north 60.00 feet;thence north 290 00'40"west 197.07 feet to a point on a line which is 300 feet north,measured at right angles thereto,of and parallel to the north line of Bowling Street(formerly Emerson Avenue)produced easterly;thence south 880 27'28"east,along said parallel line, 355.00 feet to the place of beginning,containing 161.83 acres,more or less; PAGE 8 of 13 ATTACHMENT B Legal Description of Dominant Estate PAGE 9 of 13 i i t6 a i�till 50 loc. t 1 WCH c 100 F3. May ,, rL(rT PCPTCt4 Or a'.+ tW 1/4 C.OF N£'t/4 CST FC IPi IS APC HC SW t14 OF Psi£�114 ba S£Cr,1h T ALL N + r3 Y£9hte-tsP sL WMIM PAP)M'Ct LA 941,W"41 I'VAre i { E I LIISAIEWI+ AS THE krR'rH QUAgT.,?C.rP,,14F7 0 SAa3' 5EtrQV r,a04,,E1f BEARS SSa,3 tf r-24&303,4 rEET RDW '� i1 7k r.G "•u GY7+t#`�"#Cfi Zat a.'Ct'CY'1t `3--tcC 4 AO NI;' THE ft�aiF+/�rAr�s r,Cru7ur.xr�'�SA E j' M 24n 54 FIE7 VVz I"z S 6'F 91 sS re-,r 7 9 1 VKhM fi.i i443 E A GNZ 4.€A3 PARAt6E L.�t'£ 4;9;tS Ft � i ' TIKII W'tLM!:s. TE3 PC Fur V A 1XIr S'P,t Ur pert Kst i Gti S:VP zk,c{?Wr 07 TAXIWAY A TSsc k�,`F,A*4 34'43,41 AL Gs4c sm,L�< 103m FUT, rrs i2 7 ¢'3t t4{' a 32353 ti F'r£T,' T4M, c-3.35 W 36.03 FC,C'T d A UNIC r IMI - 'Ca3 SS fir46,3 r i- . <_r_ { FECt K"3'C AMP PARNUI WW SAV tE?11 X�r� F C 1 T,- 4 YJkXWAr.0 Y•i":ir..� ,.5n6<S"1S"L rC rA-. LgTf,543:F or uavw;z I E C,CoN,".tWfC P14,9T7 5rVARC F£`c7(+t CC AM,) a_.3 R s 3s;>tediai, €.a.e:FG�a hie 4A 4:S ag c&rf7T zt,' esF s k n U181 aq!? F'i5WWGTCW CWRV.}ASE S'!�P_At Jk3 SI(S�9'?a<qrH 3iAt;§:: { t o ALCiea Ssn Pai:. P M3"c;;Y ai3Yv4?i fsY NYMI'r PDV n "V B"2 YIS 4 7 E } I ? 4 I i a 1 F £ Z € S � S f ' i Apron B —NM A WI ttachment 8 N ATTACHMENT C Legal Description of Easement Area PAGE I1 of 13 4 1 j. APRON A 1 A UTILITY CORRIDOR EASEMENT i VER, LtNDI ER, ALONG, ACROSS AND THROUGH THE F04-LO 1144 ssr DESCRrdED REAL PROPERTY LvW?- VAT IN A PORIIC14 Of THE NORTH HALF OF SECnOta I$ AND THE SWTM HALF Or SECTION 7, TOWNSHIP 23 ? NORTH. RANGE 45 EAST. W.M, IN KING COUNTY, L14 THE REN7014 MUNJOJPAL AJRPCOT; SAID UTILITY EASEMENT BEING A STRIP OF LAN ZI 10 FEET IN WIUTK,r�� LY'NG 5 J-EET ON EACH SIDE OF THE - 1 7 rT•# 7 � s FxLL10AING DESCRIBED CENTERLINE.B �� is 4aE QUENClt G AT THE NORTH QUARTER CORNER Or vi SAID 5EC70N t1, WHIC-i SEARS Wa'31`14"E, sa s4'„ a a 24&I :R ET FRCS THE o l s3 (us TER SAID SECMON 19 THENCE SOT'24"45'W ALONG THE NORT14fSOUfiTH C€°NTEFUNE OF SAJO SECTION t$ A O� . DISTANCE 246A9 FEET: THENCE SHFf35`15RE A 81.65 D157ANCG OF 91,65 MT TO A LINE 257.Do FEET S&8iT5"T5 'A.cST OF AND PARALLEL WITH THE CENT RLINC CF IP t TAYIWAY ; THENCE SO449'43 7E ALONG SA.I e 1 PARALLEL LINE A DISTANCE OF 445.26 MET TO c o THE SWTH WEST COR."r OF THE APRON E3 LEASE }�f' AREA; THENCE NE5'10*trE A DISTANCE OF 169:Cfir h - VEEET TO A LINE SS.00 FEET WEST Of SAO s .04E; z GENTEFVI.NE OF TAY WAY "A' AND THE SOUTHEAST' e CORNER OF THE APRON B EEASE AREA; THENCE NOI4q*43-W XONG SAID UNE A DISTANCE OF in 1 fg yxra � 5&43 FEET TO THE TRUE PONT OF 9ECt#1IIAG. t4R59u17.6 ° THENCE FROM SAID TRUE POINT CF 'EEGENNING, `'n S.BB'47'47*E A DISTANCE OF 156.99.FEET; THENCE t N477541'5=4yE A DISTANCE C7 55.969 FEET. THENCE I CQ 7 G*3T 20 W k DISTANCE Or 1423.75 FEET: TTiE tam `� tv$735'4S E A DISTANCE CF 314.30 FEET; THENCE q w 04"20'43`E A DISTANCE OF 171.52 FEET; THENCE N86'37"30"E A DISTANCE OF A.15 FEET T tT E PONT ON THE VF—STERLY SOLNOARY OF APRON A, —�--—•a— SAO POINT SUNG S4449'44 E A DISTANCE OF u4 441.34 FEET FROM THE NORTHWEST CORVErR Of OFETA 5 ON A,LEASE AND AREA THE TERIAIT,Am Ca'IRTAWINGs 22,147.74 SO FT, (,51 ACRIFS Attachment C 371444 1 OF 1 _ upd Utility Easement i PAGE 12 of 13