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HomeMy WebLinkAboutAdden 1 LAG 09-006 AMENDMENT 01-11 AMENDMENT TO LEASE AGREEMENT (City of Renton to Renton Gateway Center LLC) THIS AMENDMENT to Lease Agreement LAG 09-006 is effective as of July 7, 2011. RECITALS: WHEREAS, Renton Gateway Center LLC (hereinafter "Tenant") has a Lease Agreement with the City of Renton (hereinafter"Landlord"), LAG 09-006, executed on October 7, 2009; and WHEREAS, in Lease Agreement, LAG 09-006,the Landlord approved the construction of an aircraft hangar building, subject to review and approval by the Landlord; and WHEREAS, from approximately April 2010 to July 2011,the Tenant proceeded with diligence in the construction of an aircraft hangar building located at 750 West Perimeter Road; and WHEREAS, Section 3b of Lease Agreement, LAG 09-006 provides, in pertinent part, that the initial term of the lease would be for a thirty-five (35) year period commencing on the date that is forty-five (45) days after Tenant receives a certificate of occupancy for the improvements to be constructed on the Premises, and terminating on the last day of the month in which the thirty-fifth (35th) annual anniversary of such date occurs, and WHEREAS, on July 7, 2011, the Landlord granted a final occupancy permit to Tenant for occupancy of the aircraft hangar building, establishing August 20, 2011 as the "Commencement Date" of the initial term of the lease as defined in Section 3.b. of Lease LAG 09-006 which is forty five (45) days after the Tenant received a certificate of occupancy for the aircraft hangar building; and WHEREAS, the initial term of the lease, as established in Lease Agreement LAG 09-006, is for a thirty-five (35) year period, commencing on August 21, 2011, and terminating on the last day of the month, being August 31, 2046; and WHEREAS, the leased area (as shown in Exhibit A, Lease Map and Legal Description) consists of 136,846 square feet; and WHEREAS, the private sewage pump station which only serves the Tenant's building located at 750 West Perimeter Road is provided with 480/208 electrical service via an electrical meter (meter number KZG0041591242 with serial number Z04159124) which is located on the 760 leased area; and ORIGINAL LAG 09-006 AMENDMENT 01-11 WHEREAS, the electrical meter providing power to the sewage pump may need to be relocated in the future if the 760 West Perimeter Road leased area is redeveloped for another use; and WHEREAS, electrical power serving Gate V-4 (next to the Tenant's hangar building) comes from the Tenant's building. NOW,THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND RENTON GATEWAY CENTER LLC AS FOLLOWS: WITNESSETH: 1. Landlord and Tenant do hereby agree to amend Section 3 Term, of LAG 09-006 to establish that the Commencement Date of Lease Agreement LAG 09-006, is August 21, 2011, and that the initial term of the lease shall be for a period of thirty five (35) years, with an Expiration Date of August 31, 2046. 2. Landlord and Tenant do hereby agree to amend Section 4 Rent, of LAG 09-006 to establish that the annual land rent for the 136,846 square feet identified in Exhibit A, Lease Map and Legal Description, attached hereto, will be $78,002.22 (136,846 x$0.57 = $78,002.22), subject to increase pursuant to Paragraph 5, below. 3. Landlord and Tenant do hereby agree that Landlord can remove the electrical service meter which provides electrical power to the Tenant's private sewage pump station at any time with three (3) months' prior written notification from Landlord to Tenant. In that event,Tenant agrees to repower the Tenant's private sewage pump station at Tenant's cost and expense using the existing underground conduit from the 750 West Perimeter Road hangar building to the sewage pump station. 4. Landlord and Tenant do hereby agree that Tenant will provide electrical service to Gate V-4 at no charge to Landlord for the duration of the Tenant's ground lease. 5. All other terms and conditions of the original Lease Agreement shall remain in full force and effect. **Moe LAG 09-006 AMENDMENT 01-11 Renton Gateway Center LLC CITY OF RENTON a Washington Limited Liability a Municipal Corporation Company Diane Paholke Denis Law /O Mayor Managing Po0w+m ei1t�&-- �Y�-l.t�.Q• Gl/� Title Bonnie Walton City Clerk 0gb&& o2�� 02411 Date Approved as to legal form City Attorney H-... MRS-99058 990580 .001=,1 ......... .. ....__....... ^ .,. N 371!ONHIYNO 'ON 10.D`ONd :37Y�,^� _ -'s *Aft 1M, NO1N]N W-wo. .Vu 1181HX.9 '" --- _....._. �jj amaxwmaleour JRP—d Ak OSL -1908/d 3Sf/37 m �¢ AB ter° uoTrzTsc vra Ana" � ira�isn NO.LN-'w do iwo arr ue cap a3 n erx AOV V brs 1f 1C"�, 105. 4a t ��85'1017"W ti , L ae t u ..C'u < ��4 ^W 1= � v�•'�f ,�. N 44 1f- :I S", ..,t;`, k >• t¢-. 4 m o ¢ zLn, n 1 i (� Fi ¢ W kk ? 1 �e, f-•-••. 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