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HomeMy WebLinkAboutAdden 3 LAG 03-002 Addendum#03-10 ADDENDUM TO LEASE AGREEMENT (City of Renton to AirO, Inc.) THIS ADDENDUM to Lease Agreement LAG 03-002 is effective as of November 1, 2009. RECITALS: WHEREAS, AirO, Inc. has a Lease Agreement with the City of Renton, LAG-03- 002, executed on November 1, 2003; and WHEREAS, LAG-03-002 relates to the rental of a building as well as a parcel of land, which have different rental rates; and WHEREAS, on November 1, 2006, the building rental rate for the approximately 22,746 square feet of building space leased by AirO, Inc. was determined to be$0.103 per square foot per month and continuing until November 1, 2009; and WHEREAS, on November 1, 2009, and for the ensuing three(3) year period, the building rental rate was adjusted,using the Consumer Price Index-Urban, to a rate of $.112 per square foot per month for the 22,746 square feet of leased building area, resulting in an annual rental amount of$30,570.62 (22,746 x $.112 x 12), and continuing until November 1, 2012; and WHEREAS, on November 1, 2006, the land rental rate for the approximately 93,001 square feet of land area leased by AirO, Inc. was determined to be $0.57 per square foot per year and continuing until November 1, 2009; and WHEREAS, in June 2008, a vehicle drive-lane striping project was completed for the purpose of establishing a vehicle drive-lane along the west side of the Airport. The northern-most portion of the vehicle drive-lane was positioned partially inside AirO, Inc.'s leased area, due to distance and height restrictions; and WHEREAS, as a result of the vehicle drive-lane striping project, AirO, Inc.'s lease area was re-surveyed to determine the new square footage of leased ground area; and WHEREAS, the lease survey map (see Attachment 1) determined that the leased area was decreased from 93,001 square feet to 88,601 square feet; and WHEREAS, on November 1, 2009, and for the ensuing three(3) year period, the land rental rate was adjusted, using the Consumer Price Index-Urban,to a rate of$.62 per square foot per year for the 88,601 square feet of leased area, resulting in an annual rental amount of$54,932.62 (88,601 x $.62), and continuing until November 1, 2012. ORIGINAL Lease Agreement 03-002 1 City of Renton and AirO,Inc. • • LAG 03-002 Addendum#03-10 NOW,THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND AIRO, INC. AS FOLLOWS: WITNESSETH: 1. Lessor and Lessee agree that the difference between the CPI-U of August 2009, as compared to August 2006, is 8.36% (227.138—209.6/209.6 = 0.0836 or 8.36%). This results in a monthly building rate increase from $0.103 to $0.112 per square foot (0.103 x 1.0836 = $0.112). 2. The Lessor and Lessee do hereby agree to an annual building rent of$30,570.62 (22,746 x 0.112 =2,547.55 x 12 = 30,570.62) for the 22,746 square feet identified in Lease Agreement LAG 03-002. 3. Lessor and Lessee do hereby agree that the monthly building rent rate in Paragraph 1 shall remain in effect until November 1, 2012, and effective as of that date the rental rate shall automatically be readjusted by and between the parties using the increase of the Consumer Price Index, and for each three(3) year period thereafter, subject to Paragraph 8,below. Minimum base rental for any period shall not be less than the current annual rental of$30,570.62. 4. Lessor and Lessee agree that the difference between the CPI-U of August 2009, compared to August 2006, is 8.36% (227.138 —209.6/209.6 =0.0836 or 8.36%). This results in an annual ground rate increase from$0.57 to $0.62 per square foot (0.57 x 1.0836 = $0.62). 5. The Lessor and Lessee do hereby agree to an annual ground rent of$54,932.62 (88,601 x 0.62 = 54,932.62) for the 88,601 square feet identified in Lease Agreement LAG 03-002. 6. Lessor and Lessee do hereby agree that the annual ground rent rate in Paragraph 4 shall remain in effect until November 1, 2012, and effective as of that date the rental rate shall automatically be readjusted by and between the parties using the increase of the Consumer Price Index, and for each three(3) year period thereafter subject to Paragraph 8,below. Minimum base rental for any period shall not be less than the current annual rental of$30,570.62. 7. Lessor and Lessee do hereby further agree that the Consumer Price Index information to be used for rental adjustments shall be the Consumer Price Index-Urban(CPI-U) then in effect for all urban consumers, as published by the US Department of Labor for the Seattle-Tacoma Metropolitan Area. 8. Lessor and Lessee do hereby further agree that at least thirty(30) days prior to the Rental Adjustment Date either party shall, if they desire to adjust the base land rental rate for the ensuing three(3)year period by a means other than the Consumer Price Lease Agreement 03-002 2 City of Renton and AirO,Inc. • LAG 03-002 Addendum#03-10 Index-Urban,provide to the other party a written request for readjustment of the rental rate pursuant to RCW 14.08.120(5). 9. All other terms and conditions of the original Lease Agreement shall remain in full force and effect. AirO, Inc. CITY OF RENTON a Washington Corporation a Municipal Corporation IC Denis Law Mayor Pyle Attest:St��e a Y/ Title Bonnie Walton City Clerk 3•/g- eyWo Date Appro as to legal form City Attorney C:`• r Lease Agreement 03-002 3 City of Renton and AirO,Inc. Fw ° .4 2 Oo�i bWZ�`Q �A'. i$ftZi 4 p o{qf v.. .N3 pN 20o� Lt "� F'2 o Zy z y �rq # o f? a -ac Aa z�n .79 E8 vFi °a 1 t� IA y vAn _ _ .98•ttl M.09.0LOS co GA zXp isa `0 uk�"I g y O 1A tZj�w tb'•C�V 1j +O SA �C)fit � , icNon�^k �'Z 9079C�g —M.trrt%s9s � x ta CO ta '► Iw �000� �vl I mb �s f2�y� �+ f�C •� I IT as ��� 1 i m 9S v '• 9 I a C c� 6£gL ,•T Nbt,zt•.t9 (aNt � 1 ti� AII+ff °xr�`I.Z ff09U? (' o "'z 00'68 dt.LtA1 S8S °N,SYZL A °a M.LO,11.98S ,00-= .>tSot f a. ZA C�j A6Lt,Ot m z°o rn aran ai 1 A. t,OlMN y ¢ Io ' w o a m° co a � a z h rid S v� 00'68 M.OS,OSL* m a !Ad z I o� z sue exn Mw a ou et •PMM ar C/TYOFRENTON i LASE 9V' en+n�os nor CAR COA- - LEASE PARCEL 800 a e. 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