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HomeMy WebLinkAboutAdden 7LAG 011-85 Addendum # 7-08 ADDENDUM TO LEASE AGREEMENT (City of Renton to Kaynan, Inc.) THIS ADDENDUM to Lease Agreement LAG 011-85 is effective as of the date of execution by the City of Renton, as indicated on the last page of this addendum. RECITALS: WHEREAS, Kaynan, Inc. has a Lease Agreement with the City of Renton, LAG - 011 -85, executed on July 15, 1985; and WHEREAS, in Addendum 01-88, the lessor established a common renegotiation date for all ground leases to June 1, 1990; and WHEREAS, on October 6, 1998, the land rental rate for the approximately 27,885 square feet of land area leased by Kaynan, Inc. was determined to be $0.27 per square foot per year and continuing until June 1, 1999; and WHEREAS, on August 9, 1999, the land rental rate for the approximately 27,885 square feet of land area leased by Kaynan, Inc. was determined to be $0.2931 per square foot per year and continuing until June 1, 2002; and WHEREAS, on August 9, 1999, in Addendum #04-99, the lease for the approximately 27,885 square feet of land area leased by Kaynan, Inc. extended to July 14, 2010; and WHEREAS, on December 2, 2002, the land rental rate for the approximately 27,885 square feet of land area leased by Kaynan, Inc. was determined to be $0.3276 per square foot per year and continuing until June 1, 2005; and WHEREAS, on June 1, 2005, the Lessee reduced the leasing area from 27,885 square feet to 27,085 square feet; and WHEREAS, on June 1, 2005, the land rental rate for the approximately 27,085 square feet of land area leased by Kaynan, Inc. was adjusted using the Consumer Price Index — Urban, to a rate of $0.3385 per square foot per year and continuing until June 1, 2008; and WHEREAS, on March 25, 2005, the lease for the approximately 27,085 square feet of land area leased by Kaynan, Inc. was extended to July 14, 2016; and WHEREAS, in June 2007, the Airport contracted with Allen Brackett Shedd to conduct an independent market appraisal of all Airport leased areas to determine that the fair market value is $0.57 per square foot, per year for all ground leases on the Airport; and Lease Agreement 011-85 ORIGINAL City of Renton Kaynan, Inc. LAG 011-85 N%001Addendum # 7-08 WHEREAS, on February 26, 2008, the Lessee was notified that the land rental rate would be adjusted, using a means other than Consumer Price Index, per item 5 of Addendum #06-07 to LAG 011-85, and WHEREAS, on February 26, 2008, the Lessee was notified by certified letter that the fair market value for all ground leases had been set by the 2007 appraisal at a rate of $0.57 per square foot per year, at the time of renegotiation. NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND KAYNAN, INC. AS FOLLOWS: WITNESSETH: 1. Lessor and Lessee agree that the 2007 market appraisal study determined that the annual ground rate is to be increased from $0.3271 to $0.57 per square foot per year. 2. The Lessor and Lessee do hereby agree to a full increase in the rental rate from $0.3271 to $0.57 per square foot per year for the period June 1, 2008 through May 31, 2011, and an annual land rent of $15,438.45 (27,085 sq. ft. x $0.57 per foot/per year = $15,438.45) for the 27,085 square feet identified in Lease Agreement LAG 011-85. 3. Lessor and Lessee do hereby agree that the rent rate in paragraph 2 shall remain in effect until May 31, 2011, and effective as of that date, and for each three (3) year period thereafter, the rental rate shall automatically be readjusted by and between the parties using the increase of the Consumer Price Index. Minimum base rental for any extended period shall not be less than the current annual land rental of $15,438.45. 4. 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. 5. 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 Index -Urban, provide to the other party a written request for readjustment of the rental rate pursuant to RCW 14.08.120(5). 6. All other terms and conditions of the original Lease Agreement shall remain in full force and effect. Lease Agreement 011-85 City of Renton Kaynan, Inc. ru Kaynan, Inc. a Washington Corporation '2'�i "�'' -L-t- Title Lease Agreement 011-85 City of Renton Kaynan, Inc. LAG 011-85 Addendum # 7-08 CITY OF RENTON a Municipal Corporation Denis Law Mayor Jason A. Seth, Deputy City Clerk tolst-&g Date Appr d as to legal form City Attorney