HomeMy WebLinkAboutAdden 01 LAG006-84
'41000 *ow ADDENDUM 1-85
LEASE AGREEMENT
(CITY OF RENTON TO PLANE SPACE INVESTMENTS, INC.)
THIS INDENTURE OF LEASE executed in triplicate, effective as of April
1st 1985, by and between the CITY OF RENTON, a municipal corporation, herein-
after referred to as "Lessor", and PLANE SPACE INVESTMENTS, INC. a Washington
corporation, hereinafter referred to as "Lessee":
WITNESSETH:
WHEREAS THE above parties have heretofore entered into and executed a
certain lease extension agreement, effective as of September I , 1984, namely
LAG 006-84, further reference being had thereto, and
WHEREAS it is necessary and desirable to amend this lease by adding
certain property as hereinbelow described to said Prime Lease to be used by
Lessee for aircraft tie-down space, and
WHEREAS it is necessary and advisable to amend and modify the aforesaid
Lease Agreement upon the terms and conditions herein set forth, and to
provide for such addition and adjustment in the monthly rental necessitated
thereby, NOW THEREFORE it is hereby agreed and covenanted between the parties
as follows:
I . In consideration of the covenants and agreements of the
Lessee hereinafter set forth, Lessor does hereby lease
and demise unto Lessee the following described unimproved
parcel of real estate accepted by the Lessee in their "as
is" condition, Renton, King County, Washington, to-wit:
See Exhibit "A" Legal Description and Exhibit
"B" Lease Map attached hereto and made a part
hereof as if fully set forth herein
SUBJECT to restrictions and reservations of record and
as further set forth herein;
TOGETHER with the privilege of Lessee to use the public
portion of the airport, including runway and other public
facilities provided thereon, on a non-exclusive basis, and
subject to such rules and regulations as now exist or may
hereafter be promulgated by the Lessor from time to time,
and further subject to all such non-discriminatory charges
and fees for such use as may be established from time to
time by Lessor; on the terms and conditions hereinafter set
forth for the period of the Prime Lease, terminating on the
31st day of AUGUST 2006, subject to the conditions, however,
specified in paragraph 17 of the prime lease.
LAG 006-84
*..e ADDENDUM 1-85
2. As rental for the above-described premises during said
initial lease term, Lessee shall and will pay unto Lessor
a monthly rental of $175.78 computed at the annual rate of
$0. 14 per square foot, plus Leasehold Tax; payable promptly
in advance on the first day of each and every month, and as
further set forth in paragraph 17 hereinbelow. All such
payments shall be made to the Director of Finance, Municipal
Building, Renton, Washington.
3. Above-described premises and the structures located thereon
are leased to the Lessee for the purpose of aircraft tie-
down. Lessee covenants that the premises shall be continu-
ously used for those purposes during the term of the lease,
shall not be allowed to stand vacant or idle, and shall not
be used for any other purpose without Lessor's written consent
first having been obtained. Consent of Lessor to other types
of activities will not be unreasonably withheld. No adverti-
sing matter or signs shall be at any time displayed on the
leased premises or the structures thereat without the written
approval of Lessor.
5. As a condition of this lease the Lessee agrees to install
Asphalt Paving on the total tie-down area referenced herein.
Paving to be completed by September 30, 1985.
6. Effective as of April I , 1985, it is hereby further agreed
that if such rental is not paid before the 10th of each month
then there would be added a late payment charge of 5% per
month from the 1st of the month. It is agreed that this late
payment charge is a reasonable estimate of the increased costs
to the City of the staff effort to monitor and collect on late
payments as well as related City expenses due to such late pay-
ment.
ATTORNEY'S FEES AND COLLECTIONS: Should it be necessary to
refer this lease to any attorney for collection, litigation, or
other court action involving breach of lease, occupancy after
termination, enforcement of any other right and duty under this
lease then it is agreed that the prevailing party at litigation
should be entitled to reasonable attorney's fees to be estab-
lished by the Court. If the matter is not litigated or resolved
through a lawsuit, then any attorney's fees expenses for collec-
tion of past due rent or enforcement of any right or duty
hereunder shall entitle the City to recover, in addition to any
late payment charge, any costs of collection or enforcement
including attorney's fees.
7. It is hereby further agreed that the effective date of this
Addendum is December I , 1984.
-2-
LAG 006-84
*low New ADDENDUM 1-85
8. Paragraph 18 of Lease Agreement LAG 006-84 shall be revised
to read as follows:
Said rental payments as specified in Paragraph 3
hereof shall continue until the first day of
SEPTEMBER 1987. Effective as of said date, and
every consecutive three (3) years thereafter, said
rental rate as hereinabove specified shall be re-
adjusted by and between the parties to be effective
for each ensuing three (3) years thereafter.
Minimum base rental for any extended period, that is
after September I , 1987, shall not be less than the
originally specified rental plus the additional
rental shown in Addendum #I-85 to Lease Agreement
LAG 006-84, i .e. $927.77 per month plus L/H Tax.
The balance of Paragraph 18 shall remain the same as in the afore-
mentioned lease.
9. All other terms, conditions and provisions of Lease Agreement LAG
006-84, dated September I , 1984, unless specifically modified and
amended by this agreement and upon it becoming effective, shall
remain in full force and effect.
PLANE SPACE INVESTMENTS, INC. CITY OF RENTON,
a Washington Corporation a Municipal Corporation
k.
& ipo&L
Mayor
City Clerk
LESSEE LESSOR
Apprd as to legal form:
of
City Attorney
-3-
LAG006-84
r Addendum #1-85
(Additional Aircraft
Tie-Down Space)
EXHIBIT "A"
Plane Space Investment Inc.
That portion of the Northeast Quarter of Section 18, Township 23 North,
Range 5 East, W.M. ; and that portion of Henry Tobin Donation Land Claim
No. 37 in said Section 18, described as follows:
Beginning at the intersection of the centerline of Logan Ave. North with
the centerline of Airport Way North said point of intersection lying
N. 87°30 '17" W. a distance of 1318.04' to a point located on the centerline
of Airport Way North;
Thence N. 4°49'43" W. along the runway centerline a distance of 277.26' ;
Thence S. 87°30'17" E. a distance of 250. 17' to the point of beginning;
Thence N. 4°49'43" a distance of 63.55' ;
Thence N. 55°06'52" E. a distance of 55.74' ;
Thence S. 45°57'14" E. a distance of 37.52 ' to the point of beginning of a
curve to the right having radius of 93.80' ;
Thence southeasterly along said curve through a central angle of 56°06'54"
an arc length of 91 .87' ;
Thence S. 10°09'40" W. a distance of 39.63 feet to the point of beginning of
a curve to the right having a radius of 41 .25' ;
Thence southwesterly along said curve through a central angle of 48°51 '27"
an arc length of 35.17' ;
Thence S. 59°01 '07" W. a distanct of 67.90 ' ;
Thence N. 4°49'43" W. a distance of 117.31 ' to the True Point of Beginning.
Containing an area of 15,067.64 S.F.
STATE OF WASHINGTON 1r
r..�
ss
COUNTY OF KING )
This is to certify that on this AVV, day of GG,cc(.,, /9ef5-
before me , the undersigned Notary Public , personally appeared
/44-,(AA,T5(. ,44Voa-cX(i a n d MZ,14c.Z • W774-1.,to me known to be the duly qualified and acting Mayor and City Clerk
respectively , of the City of Renton , Washington , and acknowledged that they
executed the above and foregoing instrument for the City of Renton as the
free and voluntary act and deed of said City for the uses and purposes
therein set forth , and upon oath stated that such execution of said
instrument by them is duly and regularly authorized and that the seal
attached thereto is the corporate seal of the City of Renton .
Given under my hand and official seal this /o.1%4i day of loCi 191
L-09/ J100Le?..--,4,/
Notary P" b4Pc in and for the State
of Washington , residing at Renton
STATE OF WASHINGTON) Note
wrr
) ss
COUNTY OF KING
THIS is to certify that on this 27th day of March 1 9 85
before me, the undersigned Notary Public , personally appeared
Thomas R. Bailey
and
to me known to be the President, Plane Space Investments
and he acknowledged to me that he executed the foregoing instrument for
said Plane Space investments as its free and voluntary act and deed , for
uses and purposes therein stated , and upon oath stated that such execution of
said instrument by him is duly and regularly authorized .
GIVEN under my hand an official seal the date last above stated .
Notary Public in and for the State
of Washington , residing Seattle
STATE OF WASHINGTON) Noe
) ss
COUNTY OF KING )
THIS is to certify that on this 4th day of APRIL 19 85
before me, the undersigned Notary Public , personally appeared
BEN SILVA
and
to me known to be the Secretary
and he acknowledged to me that he executed the foregoing instrument for
said PLANE SPACE INVESTMENTS as its free and voluntary act and deed , for
uses and purposes therein stated , and upon oath stated that such execution of
said instrument by him is duly and regularly authorized .
GIVEN under my hand an official seal the date last above stated .
)17 1( 4)---&,-)"
Notary Public in and for th State
of Washington , residing ' i'