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HomeMy WebLinkAboutAdden 06 LAG-10-001 AMENDMENT NO. 6 AMENDMENT NO.6T0 LEASE AGREEMENT LAG-10-001 (City of Renton to The Boeing Company) THIS AMENDMENT No.6 t Lease Agreement LAG-10-001 ("Amendment No. 6") is entered into as of April 1,2015, by the City of Renton, a Municipal Corporation (Landlord) and The Boeing Company, a Delaware corporation (Tenant)and amends that certain lease agreement LAG-10- 001 dated June 1, 2010 as amended to the date hereof (the "Lease"). RECITALS: 1. WHEREAS, the Tenant is leasing the 760 and 770 Parcels under lease, LAG 10-001 as amended by Amendment No. 4; and 2. WHEREAS, under Amendment No.4, Landlord provides an annual discount for Current Tenant Rental Income of$44,689, as defined in Section 5 of Amendment No. 4; and 3. WHEREAS, the Tenant has granted the Landlord use of the 760 Parcel and the 770 Parcel under lease Amendment No. 4, until March 31,2015; and 4. WHEREAS, the Tenant and the Landlord have agreed to extend Landlord's use of the 760 Parcel and the 770 Parcel to a date no earlier than 120 days after the delivery of a notice by Tenant, which date shall be no earlier than August 20, 2015 and no later than October 1, 2015; and 5. WHEREAS, Landlord agrees to continue providing an annual discount for Current Tenant Rental Income of$44,689, as defined in Section 5 of Amendment No.4, until the end of the Current Tenant Lease Period. NOW,THEREFORE, INCONSIDERATION OF THE TERMS AND CONDITIONS HEREIN CONTAINED AND FOR OTHER GOOD AND VALUABLE CONSIDERATION,THE RECEIPTAND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, LANDLORD AND TENANT AGREE TO AMEND THE LEASE AS SET FORTH BELOW: WITN ESSETH: Landlord and Tenant agree to amend the Lease, in the following respects: A. Section 1.b. Landlord's Right to Continue Leasing the 760&770 Parcels, amended under Amendment No.4 of the Lease is amended to read as follows: "Landlord shall continue leasing the 760 Parcel and the 770 Parcel to the Current Tenants (who shall be treated as tenants of Landlord and not subtenants of Tenant for purposes of the Lease, and who shall pay their rents directly to Landlord) until such time as Tenant provides written notice to Landlord that Tenant requires use of said ORIGINAL LAG-10-001 AMENDMENT NO. 6 parcels, which notice shall be provided to Landlord no later than 120 days prior to the date of Tenant's required use(the "Current Tenant Lease Period"), PROVIDED that the Current Tenant Lease Period shall end pursuant to the foregoing no earlier than August 20, 2015 and no later than October 1, 2015. During the Current Tenant Lease Period, Tenant shall have the right to enter the 760 Parcel and the 770 Parcel from time to time for the purpose of making soil borings and taking soil samples, conducting survey work, and performing other tasks preliminary to Tenant's future occupancy and development of the 760 Parcel and the 770 Parcel, PROVIDED that Tenant shall not leave any equipment or installations on the 760 Parcel or 770 Parcel and Tenant shall schedule its entries and its activities during the Current Tenant Lease Period so as not to interfere with the business of the Current Tenants on the 760 Parcel or the 770 Parcel. Tenant shall, at Tenant's cost, have the right to conduct an environmental assessment (in addition to the soil borings provided for above) of the Apron C Parcels after the Current Tenants have been relocated to establish the environmental condition of the 760 and 770 Parcels prior to Tenant's occupancy. At the end of the Current Tenant Lease Period, Landlord shall ensure that the Current Tenants are no longer in possession of the 760 Parcel and 770 Parcel." B. Section 4.a.l. Rental offset for the Apron C Parcels, as amended under Amendment No.4 of the Lease is amended to read as follows: "Beginning on the commencement of the Term for the Apron C Parcels and ending on September 30, 2015,or when Tenant takes possession of the 760 and 770 Parcels, whichever is earlier, Landlord shall apply a credit of Three Thousand Seven Hundred Twenty Four dollars and zero cents ($3,724.00) per month, which amount is one-twelfth of the Current Tenant Rental Income, toward the Minimum Monthly Rent paid by the Tenant under the Lease,as amended herein." C. Section F Miscellaneous as amended under Amendment No. 4 of the Lease is amended to read as follows: "This Amendment No. 6 will be effective on April 1, 2015. This Amendment No. 6 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. This Amendment No. 6 shall be governed by the law of the State of Washington, without reference to its choice of law rules. This Amendment No.6 supersedes any prior agreements, negotiations and communications, oral or written, with respect to the addition of the 760 Parcel and the 770 Parcel to the Premises under the Lease and contains the entire agreement between, and the final expression of, the Landlord and Tenant with respect to the addition of the 760 Parcel and the 770 Parcel to the Premises. No subsequent agreement, representation, or LAG-10-001 AMENDMENT NO. 6 promise made by either party hereto, or by or to an employee, officer, agent or representative of either party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. As amended by this Amendment No. 6, the Lease continues in full force and effect in accordance with its terms. On and after the date of this Amendment No.6,the Lease shall be deemed amended by this Amendment No. 6 and all references in the Lease to "this Agreement" "this Lease" "herein" "hereof" and the like shall be deemed to be references to the Lease as amended by this Amendment No. 6." 3 LAG-10-001 AMENDMENT NO. 6 D. Except as modified herein,all terms of the Ground and Building Lease (LAG 10-001)and Addenda, thereto, shall remain unchanged and shall remain in full force and effect. Executed by Landlord and Tenant as of the date first written above. The Boeing Company CITY OF RENTON a Delaware Corporation a Municipal Corporation ji/V12._,-- 4/5c)//---- 11__ ) wx. .. __ , / Denis Law Mayor ddiftiki3af-Lryvk Fj/ L-i/ , ) Title Jaso eth n ,f City Clerk '' j''' ",,:', A 0,/. ..% It q is-- ,,c., '1 SEAL Date '/i/!ilii;li i11di`t,\\ Approved as to legal form OfetAAJ-mii........e74/26—•—"s.,_ City Attorney 4