HomeMy WebLinkAboutLease RENTON MUNICIP.AT, AIRPORT LEASE (��
INDEX - OUTLINE
Subject Page
Access, by LeSSee to nonleased area 7
Acquisition, from U.S. 6
Deed, Conditions, Limitations 7
Acts of God 10
Additional Area (Witters lease - Building 5-35) 3
Administration
Action to be taken upon nonperformance 15
Invoices 15
Notice 16
Administration Building (5-02)
Use of not specific 3
Airport Director
Airport closure for major repairs, notice to 10
Alterations, improvements may be authorized by 8
Lessee to comply with rules, regulations of
for moving, operating aircraft 6
Airport Perimeter 2
Alterations, improvements - written approval
of Director 8
Area, land, leased to Boeing Ex. B
Additional (Witters Lease) 3
Changes between Exhibits "A" and "B" 2
Total Ex. B
Arbitration, upon nonagreement of rent adjustment 4
Assignment 15
Assigns 15
Buildings
Butler type, portable, right to remove 7, 13, 14
Electronics - see Electronics Building
Leased Ex. B
Removal upon expiration, termination 13,14
Effect of failure to 14
Extension of period for 14
Lessee not responsible for loss by fire, even
if negligent 10
Cash Rental
Amount, annual, monthly Ex. B
Arbitration upon nonagreement for adjustment 4
Readjustment 4
Facilities, Improvements by Lessee not
considered in 5
Damage or Destruction
Repair or replace 11
Election by Lessee 11
Election by Lessor 11
Election by Lessor not to 11
Rent abatement 11
Deed, from U. S. 6, 7
Default
Lessor right to terminate 12
Lessor right to repossess 12
Time within which to remedy 12
Description, legal, of Airport
Conflict with Exhibit "A" 4
Electronics Building (5-14) 7
Reservation of title 7
Right to construct 3
Right to remove 7
Exhibits, title, date, purpose
Differences between "A" and "B" 2
Facilities
Installed by Lessee
Not considered in rental readjustment 4
Right to remove 13, 14
Under Lease Ex. B
Fees 5
Fire, loss of leased buildings - not recover-
able from Lessee 10
Force Majeure 10
Government (Federal) Requirements
Exception to Boeing compliance, runways, et al 91 10
Hold Harmless
Claims by third parties
Lessee in violation of deed from Government 6
Damage or injuries on leased premises 14
For an act or omission to act by Lessee 14
Not for negligence of Lessor 14
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Insurance
Damage or destruction 11
Lessee may insure against 11
Payment as interests appear 11
Lessee may require Lessor to restore 11
Use and maintenance not to increase cost of to
Lessor 14
Invoices, manner and time of making 15
Land
Areas leased by Boeing Ex. B
Maintenance, exceptions 9
Law, co.-apliance with G
Lease, former terminated 1
Legal description of Airport 2
Licenses, fees, taxes, permits 5
Loss of leased buildings by fire
Lessee not responsible 10
Maintenance
As consideration additional to cash 8
Closure of Airport for major 10
Laid 9
Exceptions 9
Land, )uildings and facilities
Exceptions 110
Loss or damage, unavoidable 10
Exception, fire 10
Methods of to be determined by Lessee 10
Structures 8
Exceptions 8
U. S. Government requirements, 8
Runways, aprons, taxiways, exception 10
Utilities and facilities 8
Exceptions 8
M e t es and Bounds, legal description 2
Nonperformance of Obligation 15
Notice, addresses 16
Perimeter, Airport 2
Permits 5
Building Department, general application 5
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Public Areas and Facilities
Maintenance 9
Use by Boeing 2
Use in common
Rates, Cash Rental Ex. B
Arbitration 4
Readjustment 4
Termination, partial 4
Recapture, repossession by Government 7
Regulations of Lessor - Airport Director 6
Removal of buildings, facilities 13,14
Effect of failure to 14
Extension of period for 14
Rental, cash, annual Ex. B
Security for Lessee, Tower area 6
Sublease, upon consent only 15
Successors _ 15
Structures, maintenance, exceptions g
Surrender of Premises
Condition of premises 13
Exceptions 13
Peaceable 13
Removal of structures 14
Tanks, storage, capacity, cash rental Ex. B
Taxes 5
Term 1
Termination '
Lessor right to Area V 13
Lessee retention of right-of-way 13
Ndtice to Lessee i3
Maintenance obligation retained 12
Rates (back-out) , cash rental Ex. B
Right to remove buildings and facilities 13,14
Effect of ronremoval 14
Extension of period for 14
Right to terminate, notice 12
of prior Lease 1
Title, reserved in Electronics Building (5-14) 7
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j United States, deed from 6
Use of leased premises, in general l
Additional 2,3
Limited
2,6
i Public areas 2
Restrictive 6
Use and maintenance, insurance rates 14
Utilities and Facilities
Maintenance, replacement, exceptions g
Utilities, services, use in common 5
Witters' Hangar Area
Lessee right to 3
Notice 4
Rent to be negotiated 4
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L E A S E
THE CITY Or RENTON
ALvD
THE BOEING COMPANY
RENTON MtiNICIPAL AIRPORT
June It 1965
Renton, Washington
RENTON MUNICIPAL AIRPORT LEASE
CONTENTS
Clause Title Page
1. Term, Use 1
1.1 Term, Use 1
1.2 Public Areas - Use in Common 2
1.3 Specific Use of Land Areas - 2
Additional and Restrictive
12 . Option to Lease Additional Area 3
(Witters Lease)
3. Cash Rental and Termination Rates 4
3.1 Cash Rental and Termination Rates 4
3.2 Rental Rate Readjustment 4
3.3 Arbitration 4
4. Utilities, Services 5
5. Licenses, Fees, Taxes, Permits 5
6. Law, Regulations - Compliance 6
7. Security for Lessee 6
B. Reservations by Lessor 6
9. Reservations by Lessee - Title 7
10. Lessee Access 7
11. Alterations, Improvements 8
12. Maintenance 8
12.1 Structures 8
12 .2 Utilities and Facilities 8
12.3 Land 9
12.4 Force Majeure 10
12.5 Exceptions 10
13. Damage, Destruction 11
14. Default, Repossession 12
15. Termination. Partial, Entire-Rates 12
15.1 Lessee Right to Terminate, in Whole 12
or Part
15.2 Maintenance Obligation Retained 12
15.3 Lessor Right to Terminate Part of Area V.13
15.4 Surrender, Condition - Removal of 13
Structures
16. Hold Harmless 14
17. Assignment, Sublease 15
18. Successors, Assigns 15
19. Administration 15
19.1 Failure to Perform Obligation 15
19.2 Invoices 15
2&6 Notice 16
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L E A S E
Between
THE CITY OF RENTON and THE BOEING COMPANY
RENTON MUNICIPAL AIRPORT
LEASE executed the 1st day of June, 1965, by and
between THE CITY OF REIV`TON, a municipal corporation, act-
ing by and tizrough the Renton Aviation Board, and at the
request of said Board, the City being hereinafter referred
to as "Lessor", and THE BOEING COMPANY, a Delaware corpor-
ation, hereinafter referred to as "Lessee".
1. TERM, USE
1. 1 Term; Use. In consideration of the covenants
and agreements of -"--he Lessee hereinafter set forth and
the rentals hereinafter provided to be paid, the Lessor
does hereby lease, let and demise unto Lessee, for a period
and teem of forty-rive (45) years commencing June 1, 1965,
and terminating May 31, 2010, the land areas, buildings
and facilities hereinafter described in this clause (and
sometimes in this Lease called the "Leased Property") , for
the purpose of conducting thereat, in a lawful manner,
storage, repair, assembly, modification, testing and main-
tenance of airplanes, including the storage, maintenance
and use of tools and equipment necessary thereto, and
storage and movement of other products of Lessee ' s design
and/or manufacture. It is understood that the uses and
purposes of the land areas, buildings and facilities leased
hereunder, and the use of the Renton Airport air navigation
facilities granted to Lessee in clause 1.2, shall include
the operation of jet engines and jet aircraft. It is ex-
pressly understood and agreed that all land areas, build-
ings and facilities demised under this Lease shall, except
as specified in clause 1.3, be used by Lessee only for the
aforesaid purposes. It is agreed that the Indenture of
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Lease entered into by the parties hereto as of the lst day
of June 1955, as amended by First, Second, Third, Fourth,
Fifth, and Sixth Supplemental Agreements thereto, dated
October 1, 1955, August 13 , 1956, February 5, 1957, April 1,
1957, February 1, 1960, and May 15, 1962, respectively,
relating to various property, rights and interests now
covered by this Lease, is terminated as of the date of
commencement of the term of this Lease.
The land areas, buildings and facilities leased
hereunder , being portions of the Renton Airport situated
in the City of Renton, County of King, State of Washington,
the various leasehold interests, areas of maintenance re-
sponsibility, and the cash rental rates applicable thereto
under this Lease are designated on a map marked Exhibit
"A" , titled "Renton Municipal Airport", dated June 1, 1965,
and a schedule marked Exhibit "B", dated June 1, 1965, both
attached to this Lease and by this reference incorporated
in this Lease (hereinafter "Exhibit A" and "Exhibit B" ) .
The perimeter of the Renton Airport is described by metes
and bounds on Exhibit "A", and a typewritten legal descrip-
tion of the Renton Airport is set forth on Exhibit "A".
In the event of any conflict between this typewritten legal
description and the perimeter of Renton Airport described
by metes and bounds on Exhibit "A", the latter description
shall prevail-.
1.2 Public Areas - Use in Common. In connection
with this Lease of specific land areas, buildings and
facilities, Lessee shall also have the right to use, in
a lawful manner appropriate to the Renton Airport and
in common with the public and other users thereof, the
air navigation facilities of said Renton Airport, includ-
ing landing areas, runways, aprons and taxiways, for the
purpose of conducting flights and movements of airplanes
and tests in readying airplanes for flight.
1. 3 Specific Use of Land Areas - Additional and Re-
strictive. Notwithstanding the stated uses of land areas
and buildings leased hereunder in clause 1. 1, it is agreed
that use of the following land areas and buildings shall
be enlarged or restricted by the following conditions :
Page 2 of 17
low
Lease Area
Item Designation Use
5. Area V For vehicle parking only
6. Area VI and Lessee may construct a build-
"Old Road" ing thereon as an additional
use
8. Area VIII Western terminus of a Cedar
River bridge permitted as
an additional use
8. Area VIII No storage permitted without
prior consent of Airport
Director
10. Area X Lessee may construct an oil
storage house as an additional
use
21. Oil House Area Lessee may construct an oil
storage house as an additional
use
23. West Perimeter Lessee may construct a build-
Rd. & adjoining ing thereon as an additional
areas of Lease use
items 18 and 22
24. Administration Use of rooms is not limited
Building to purposes specified in
clause 1. 1
2. OPTION TO LEASE ADDITIONAL AREA (WITTERS LEASE)
Lessee is hereby granted the option and privilege of
adding to the land areas, buildings and facilities leased
hereunder, that area of approximately 23 , 000 square feet
(including a hangar thereon of approximately 10, 000 square
feet) presently leased by Lessor to Max J. Witters under
lease expiring June 30, 1967, but subject to the following
conditions:
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2.1 That on or before June 30, 1967, or, in the
event of earlier termination of the lease to Max J. Witters
the thirtieth (30th) day after Lessor shall have given no-
tice to Lessee of such earlier termination, Lessee shall
give notice to Lessor of its election to exercise the fore-
going option; and
2.2 That such additional area (including the hangar)
shall come under this Lease effective as of the date of
exercise of such option, at a rental rate then to be agreed
upon by the parties.
3. CASH RENTAL AND TERMINATION FATES
3.1 Cash Rental and Termination Rates. The leased
land areas, buildings and facilities, cash rental rates
applicable thereto, and termination rates for land are in-
dicated on Exhibits "A" and "B". In the event of any con-
flict between Exhibits "A" and "B", Exhibit "A" shall control.
Annual cash rentals payable by Lessee pursuant
to Exhibit "B" are payable monthly in advance in twelve (12)
equal installments, as provided in clause 19.2 of this Lease.
3.2 Rental Rate Read,ustment. On the first day of
June of the years 1970, 1975, 1980, 1985, 1990, 1995, 2000
and 2005, the cash rental rates applicable to the leased
land creast buildings and facilities shall be readjusted
for application to the ensuing" five (5) year period, if
written request for such readjustment is given by. either
party to the other at least thirty (30) days before the
commencement of such period.
3.3 Arbitration. If the parties cannot agree upon
the cash rental rates for such period, they shall submit
to have the disputed rental rate for such period adjusted
by arbitration. The Lessee shall pick one arbitrator and
the Renton Aviation Board one, and the two so chosen shall
select a third, and such board of arbitrators, after a
Page 4 of 17
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review of all pertinent facts, may increase or decrease
such cash rental rate or continue the previous cash rental
rate. Property, buildings, installations, improvements
or equipment hereafter constructed, installed or owned by
Lessee (except such as have been constructed or installed
by Lessee pursuant to its obligations under clause 12
hereof) shall not be considered as part of the Leased
Property in the event of any future readjustment of cash
rental rates.
4. UTILITIES, SERVICES
All utilities, services and charges for the same,
such as heat, electricity, water, garbage collection, gas
and sewer service furnished to the Leased Property or in-
curred in the performance of maintenance, repair or replace-
ment activities of Lessee, shall be at the expense of and
be the responsibility of Lessee; provided, that where such
services are furnished or measured through common meters,
such as electricity and water, Lessee' s portion of charges
for the same shall be that portion of the actual cost of
the total of such services to Lessor which Lessee ' s use
thereof bears to the total use, such as may be reasonably
calculated or estimated; all such charges to be paid
monthly as incurred.
5. LICENSES, TEES, TAXES, PERMITS
In addition to rentals and charges provided for in
this Lease, it is covenanted and agreed that Lessee shall
pay any and all other lawful fees, licenses or charges
generally applicable to business operations in the City
of Renton now or hereafter in effect, levied or established
by Lessor or its Renton Aviation Board or by any govern-
mental agency, department or authority, which may become
charges against the business, operations or activities at
any time conducted on the Leased Property by Lessee. Pro-
vided, however, that no fees or permit charges shall be
required by Lessor or its Aviation Board for work to be
Page 5 of 17
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performed in the discharge of Lessee' s obligation with
respect to repair and maintenance under this Lease; and
provided, further, that Lessee shall not be obligated to
pay any license, fee or tax (other than Renton Business
and Occupation license fees and taxes) to the City of
Renton or its Renton Aviation Board where such licenser
fee or tax is measured or based solely on the exercise
of Lessee' s rights of use and occupancy granted or acquired
by Lessee under this Lease.
6. LZW, REGULATIONS — COMPLIANCE
It is specifically stipulated and agreed that Lessee
assumes all burdens of compliance with Ordinances and Reg—
ulations of the City of Renton and its Building Department
cf general application. All movements and operations of
aircraft by Lessee to, on, and from the Leased Property
and the Airport shall conform to rules and regulations
established by Lessor' s Airport Director. Lessee in its
use of the demised premises shall at all times comply
with all applicable laws and regulations of all duly
constituted governmental authorities.
7. - SECURITY FOR LESSEE
Lessor shall provide appropriate signs and police
measures to assure adequate security for Lessee' s opera—
tions on areas of Apron Extension F and West Compass Rose
and Area XII adjoining the Airport Tower Areas shown on
Exhibit "A".
8. RESERVATIONS BY LESSOR
It is understood and agreed that Lessor holds the
Renton Airport under a Deed from the United States of
America (hereinafter in this clause 8 "Government") ;
reference being had to said Deed as recorded in the
Office of the Auditor of King County, Washington, and
Page 6 of 17
A
that said Deed contains certain conditions, restrictions,
limitations of use and reservations of right to the Govern-
ment and to the public. Lessee takes this Lease and the Leased
Property subject to said conditions, restrictions, limita-
tions and rights contained in said Deed or arising -there-
from, and shall hold the Lessor harmless from liability or
loss by reason of any claim by third parties arising from
any alleged violation thereof in the giving of this Lease
or in Lessee' s use of the Airport premises, provided
Lessee shall be given notice of such claims and opportun-
ity to defend such actions at its expense. In the event
o any recapture, repossession, or taking of the Renton
Airport or any portion thereof by the Government, or any
agency thereof, pursuant to its reserved rights or in any
ocher manner, or the termination or abridgement in any
manner of Lessor' s interest or rights in the Renton Airport
premises by the Government or its agency, thereupon this
Lease shall automatically terminate without notice as of
the time any such recapture, repossession, taking, termin-
ation or abridgement of Lessor' s interest or rights by the
Government or its agency becomes effective and all rents
and other charges paid or payable hereunder shall be ad-
justed and prorated between the parties as of such time,
and the balance in favor of one party shall be promptly
paid to it by the other party.
9. RESERVATIONS BY LESSEE - TITLE
The building constructed by Lessee upon the land areas
designated as West Perimeter Road together with adjoining
areas designated as Apron C and/or Area West of Apron C,
shall be deemed to be personal property not affixed to the
realty and may be removed by Lessee at the expiration or
termination of the Lease to the same extent, and under the
same terms and conditions as are specified in clause 15.4
hereof with respect to Butler type structures and portable
buildings.
10. LESSEE ACCESS
Lessee is hereby granted access for inspection and
maintenance purposes to the utilities in the Airport Tower
Page 7 of 17
Area, which include, but are not limited to, one pressure-
reducing valve station (175 psi to 80 psi) and one air
filter and drain pit, such station and pit being approxi-
mately 100 feet south of the north boundary, and about 10
feet east of the west boundary of the Airport Tower Area.
11. ALTERATIONS, IMIPROVEMENTS
Subject to first obtaining written approval of Lessor 's
Airport Director, alterations or improvements of the Leased
Property as so mutually agreed upon may be made by Lessee
at its own expense.
12. MAINTENANCE
As further consideration for this Lease and for the
use of Renton Airport granted in clause 1.2 (being in addi-
tion to cash rentals stipulated in clause 3) , Lessee shall
at its own cost and expense be responsible for and perform
maintenance, repair and/or replacement' of, or make improve-
ments to, the following portions of the Renton Airport,
(which responsibilities Lessee likewise assumes for the
period June 1, 1955 to May 31, 1965) , with the limitations
and exceptions set forth below, to-wit:
12. 1 Structures. Lessee shall perform maintenance,
repair and upkeep on the buildings, structures, and rooms
therein, which are leased by it under this Lease, so that
same are- at all times in good condition substantially equal
to their condition as at June 1, 1955, except for ordinary
wear ; excepting, however, the roof, exterior walls, foundations,
and structural portions thereof. Lessee shall not be re-
sponsible for maintenance, repair or upkeep of buildings or
rooms therein which are not leased by it under this Lease.
12.2 Utilities and Facilities. Lessee shall perform
maintenance, upkeep, repair and replacement of utilities
and facilities such as exist upon and in all land areas
of the Renton Airport in its entirety within the perimeter
thereof described in Exhibit "A", excepting those areas at
any time held under lease by other tenants and excepting other
Page 8 of 17
areas designated on Exhibit "A" as "areas leased and/or
maintained by others" ; also Lessee shall perform such
maintenance, repair and replacement of utilities and facil-
ities within the buildings leased by it, but not within
other buildings, rooms, or gasoline facilities which are
not leased by it under this Lease; ail to such extent that
the same are maintained and kept at all times in as good
and efficient operating condition, as at June 1, 1955,
except for ordinary wear ; such work to be performed
in accordance with applicable requirements of any cogni-
zant U. S. Governmental agency (hereinafter in this
clause i2 "Agency") . Included in such utilities and facil-
ities, without limitation hereby, are electric power lines,
lights, conduits, transformers with appurtenances, runway
markers, obstruction lights, rotating beacon with its
controls, water and sewer systems and drainage systems;
also, any communication systems, i. e. , radio, electronics
gear and equipment installed by Lessee, but excluding
_ communication systems of Lessor. Known utilities which
Lessee is obligated to maintain under this clause 12. 2 are
identified on Exhibits "A-i", "A-2 ", and "A-3 ", drawn
4-26-65 which by this reference are incorporated within
this '.,ease and are made a part hereof.
12. 3 Lane. Lessee shall perform maintenance, upkeep,
_ repair and/or replacement of all land areas of the Renton
Airport in its entirety within the perimeter thereof de-
scribed in Exhibit "A" ; excepting such areas as are at
any time held under lease by other tenants and excepting
the seaplane ramp and adjacent park area, which excepted
areas are designated on Exhibit "A" as "areas leased and/or
maintained by others ". In respect to field areas, parking
areas, lawns, decorative areas, and roadways, the mainte-
nance and upkeep thereof shall include cutting of grass and
weeds, watering and maintaining drainage and surfaces , so
as to keep same in normal, clean, sanitary and serviceable
condition as heretofore maintained and used. In respect
to airplane runways, taxiways and aprons, the maintenance,
upkeep, repair and/or replacement or reconstruction thereof
hereunder shall be such that the same are at all times kept
in good and serviceable operating condition as required for
use thereof by heavy aircraft of the types placed, moved or
operated on said Airport by Lessee, and so that the same
at all times conform to any applicable requirements of
the cognizant Agency, other than such Agency requirements
Page 9 of 17
a
as to increasing length, width and thickness of existing
runways, taxiways and aprons. she methods of accomplish-
ing such repairs and/or -replacements hereunder shall be
determined by Lessee, subject to compliance with any
applicable specifications and requirements of such Agency
and with the end-result requirements hereof. Any major
repair or replacement of a runway or taxiway which will
necessitate closing down of the airfield or of such runway
or taxiway shall not be commenced by Lessee without first
giving notice to Lessor ' s Airport Director (which notice
except in immediate emergency shall be ten (10) days'
written notice of the date when such work will be commenced)
and making mutually satisfactory arrangements with such
Airport Director (and through him with such Agency when
required) as to the period and extent of such closure of
the Airport or portions thereof.
12.4 Force Naie ure. Lessee shall not be responsible
for repair or replacement in the case of damage resulting
from act of God or of the public enemy, fires, f]cnds, or
other unavoidable casualties beyond control of Lessee. In
respect to buildings occupied in whole or in part by Lessee,
Lessee shall not be responsible for loss or damage to such
buildings from fire even though the fire results from the
negligence of Lessee, its agents or employees.
12.5 Exceptions. Notwithstanding any other provisions
of this Lease, Lessee shall be relieved of all responsibil-
ity for maintenance, upkeep, repair and replacement of the
following:
12.5.1 That portion of the West Perimeter Road
lying between the north end of the Oil House Area and
the north end of Area XII.
12.5.2 The Airport Tower Area shown on Exhibit
..A
12.5.3 That portion of the Renton Airport lying
west of the southerly ten (10) feet of Area XII.
12.5.4 The Discontinued Control Tower.
Page 10 of 17
13. DAMAGE., DESTRliCTION
In the event of damage to or destruction of the Teased
Property or structures, or of other essential facilities
or portions of the Renton Airport, rendering the Leased
Property untenantable or unsuitable for use for Lessee ' s
purposes, occurring from a cause by reason of which Lessee
is not obligated to repair or replace the same, then:
13.1 Lessor may elect to repair or replace -the same,
in which event the. work shall be prosecuted with reasonable
diligence.
13.2 Lessor may elect not to repair or replace the
same, in which event Lessee at its election may exercise
its rights of partial or entire termination of this Lease
as provided in clause 15, as of date of such damage or
destruction; or Lessee may at its election and at its
own cost and expense accomplish the repairs and/or re-
placements; provided, that Lessee may at its expense
insure any of the Leased Property or structures, or such
other essential facilities or portions of the Renton Air-
port, against such risks ani; in such amounts as Lessee
shall determine, with loss payable to Lessor and Lessee
as their respective interests may appear; provided, fur-
ther, that Lessee, upon written notice to Lessor, may
require that any and all amounts paid to Lessor pursuant
to such insurance be turned over to Lessee to be used for
the purpose of repairing, restoring, or otherwise improv-
ing the :,eased Property, structures, or other essential
facilities or portions of the Renton Airport so damaged
or destroyed.
13:3 If either Lessor or Lessee elects to repair or
replace the same and if such damaged or destroyed property
or structures are subject to rental charge under clause 3
of this Lease, then the rental payable thereunder shall
abate proportionately to the area thus rendered untenant-
able, for such period as the same is untenantable.
Page '11 of 17
14. DEFAULT, REPOSSESSION
Time is of the essence of this Agreement. If Lessee
defaults in the making of any payments falling due here-
under promptly when duet or in the timely performance of
any covenant, condition or undertaking to be performed by
Lessee hereunder, then in addition to any other rights and
remedies available to Lessor, and without prejudice thereto,
Lessor may give Lessee written notice sent by registered
mail of its intention to terminate this Lease, together
with the reason therefor and if the default be not remedied
prior to the expiration of twenty (20) days, or if the de-
fault requires more than twenty (20) days to remedy, upon
the expiration of the reasonable time required to cure such
default Lessor may promptly thereupon enter and repossess
the Leased Property and remove all persons and things there-
from.
15. TERMINATION. PARTIAL, ENTIRE-RA^1ES
15.1 Lessee Right to Terminate, in Whole or Part.
Lessee shall have the right to terminate this Lease in its
entirety, or as to any building or portion of the land areas,
as of the end of any month by giving Lessor thirty (30) days'
written notice of such termination.
15 .2 Maintenance Obligation Retained. Ia the event
of any partial termination releasing any leased land area
from this Leaser the total rental stipulated in clause 3
of this Lease for land areas shall be reduced in an amount
determined by multiplying the square feet of area released
by the per square foot termination rate applicable to the
area released. In the event of any partial termination re-
leasing any building, or a portion of the Administration
Building, from this Lease, the rentals thereof shall be
reduced proportionately on the basis of the rental -rates
stipulated in clause 3 . of this Lease for such buildings,
respectively; provided, however, that any partial termin-
ation of this Leaser or the release of any land areas,
building or facility from this Lease, shall not in any
Page 12 of 17
manner or respect or to any extent affect, modify or re-
lease the provisions and obligations of clause 12 of this
Lease for maintenance, repair and/or replacement by Lessee
of portions of the Renton Airport as therein stipulated;
but all the provisions and obligations of said clause 12
of this Lease shall nevertheless remain in full force
and effect notwithstanding any such partial termination ar
release of areas from this Lease, other than full termin-
ation of this entire Lease; the provisions and obligations
of said clause 12 remaining effective also in respect to
any land areas, embraced therein, even though such land
areas or portions thereof be released from this Lease by
such partial termination, except when same be held under
lease by another tenant.
15.3 Lessor Right to Terminate Part of Area V. In
the evert that Lessor shall desire to construct buildings,
or have buildings constructed, on that part of the land
area designated Area V having a depth of 90 feet northerly
from Airport Way, Lessor may terminate this Lease as to
such part effective upon the lst day of January or July of '
any year of the term„ of this Lease upon giving notice
thereof to Lessee not less than, six (6) months prior to
the intended termination date; provided, that in the
event of such termination as to suQh part, Lessee shall
have a non-exclusive right-of-way over and upon the north-
erly thirty (30) feet of such part for access to the park-
ing area in the part of Area V not so terminated, such
right-of-way to continue so long as any such part of Area
V shall remain under this Lease.
15.4 Surrender Condition — Removal of Structures.
At the expiration or termination of this i,easo, or upon the
termination and release of any land area, bailding, rooms
or facility 'from the operation of this Lease, Lessee shall
peaceably surrender the Leased Property in as good state
or condition as the same were in at the commencement of
Lessee's possession thereof, except for ordinary wear and
damage by fire or other unavoidable casualties beyond
Lessee's control; and the other portions of the Renton
Airport to which Lessee's responsibilities for maintenance,
Page 13 of 17
repair and/or replacement under clause 12 of this Lease
are applicable shall at the expiration or termination of
this Lease be in, or shall then be placed by Lessee in,
such state or condition of maintenance and repair as is
required of the Lessee by the provisions of said clause
12 of this Lease, excepting however damage resulting from
act of God or of the public enemy, fires, floods, or other
unavoidable casualties beyond the control of Lessee, and
excepting ordinary wear and tear that is not incumbent
upon Lessee to repair or replace under the provisions of
said clause 12 of this Lease. Lessee shall not be respon-
sible to Lessor for loss or damage to buildings and facil-
ities of which the Leased Property constitute a part nor
for loss or damage to other property of Lessor situated
in said buildings and facilities, where such loss or damage
results from fire, whether caused by the negligence of the
Lessee, its agents or employees, or otherwise; however,
Lessee agrees that its use and maintenance of such build-
ings and facilities will be- such as not to increase the
present rate of insurance thereon. Lessee shall, upon
expiration or termination of this Lease, have the right
but not the obligation to remove any and all Butler type
structuress portable buildings, trade fixtures, or equip-
ment placed on the property by it; and in event of such
-removal Lessee shall restore the Leased Property to sub-
stantially the same condition it was in at the time Lessee
took possession thereof. Any of such structures, buildings,
fixtures and equipment, or parts thereof, which shall not
have been removed from the Leased Property within ninety
(90) days after such termination or expiration shall become
the property 'of Lessor; provided, however, that Lessee,
by written notice given by it to Lessor before expiration
of such ninety-day period, may extend such period for an
additional ninety days.
16. HOLD HARMLESS
It is further understood and agreed as part of this
Lease that Lessee will save Lessor harmless from any damage
or injury caused to the person or property of any person on
Page 14 of 17
1
•-
J
the Leased Property or by any act or omission to act of
any agent, employee or customer of Lessee on or about
the Renton Airport on which the property herein covered
by this Lease is located; provided, however, that Lessee
shall not, under any circumstances, indemnify or hold
harmless Lessor if said damage or injury is caused in whole
or in part by the negligence of Lessor, its officers,
agents or employees.
17. ASSIGN.NMNT, SUBLEASE
This Lease shall not be assigned, nor any portion of
the demised premises be sublet, by the Lessee nor by oper-
ation of law in any manner, without Lessor ' s written con-
sent first obtained.
18. SUCCESSORS, ASSIGNS
All the terms, conditions and provisions of this Agree-
ment shall be binding upon the parties, their successors
and assigns, if any.
19. ADMINISTRATION
19.1 Failure to Perform Obligation. Whenever one
party, being of the opinion that the other party has failed
properly to perform one of its obligations-with respect to
the maintenance, repair and/or replacement of any property
leased hereunder, shall so advise such other party in writ-
ing, submitting therewith a summary of the evidence, if any,
supporting such opinion, such other party shall within
sixty days thereafter reply in writing setting forth its
position with respect thereto, together with a summary of
the evidence, if any, supporting such position.
19.2 Invoices. Lessor shall, on or before the first
day of each month prepare and furnish to Lessee aninvoice
setting forth the monthly rent due for (1) land, (2) build-
ings, and (3) facilities, with the total cash rental due
Page 15 of 17
for the month, together with a statement of proper charges
for utilities, if any, for the preceding month. Lessee
will pay the rent due and proper charges for utilities, if
any, within ten (10) days of the receipt of such invoice.
20. NOTICE
Any notice for which provision is made in this Lease
shall be deemed delivered if deposited in the United States
mail, postage prepaid, addressed to Lessor c/o City Clerk,
City Hall, Renton, Washington, or to Lessee at its offices
at 7755 East Marginal Way, Seattle, Washington.
IN WITNESS WHLREOF, the parties hereto have caused
this Lease to be executed in duplicate originals as of and
effective June 1, 1965.
LESSOR: CITY OF RENTON, a Municipal
Corporation of Washington
ATTEST: By
ri MAYOR
LESSEE: THE BOEING COMPANY, a
Delaware Corporation
r
ATTEST: By
It6 Director of-Vi
ities
Page 16 of 17
STATE OF WASHINGTON )
ss
COUN'T'Y OF K I N G )
On this Z � day of 196®,r before met the
undersigned, a Notary Paalic in and for the State of Wash-
ington, duly commissioned and sworn, personally appeared
7/ and
to me known to be the Mayor and City Clerk, respectively,
o the CITY OF R NTONt the corporation that executed the
foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said corpora-
tion, for the uses and purposes therein mentioned, and on
oath stated that they were authorized to execute the said
instrument, and that the seal affixed is the corporate
seal of said corporation.
GIVE�� UNDER MY HAND AND OFFICIAL SEAL the day and
year first above written.
Nvftary Public in and for the State
of Washington, residing
STAT: OF WASHINGTON )
ss
COUNTY 02 N I N G )
On this c.2/ Stday of 196tr, before me, the
undersigned, a Notary Public in and for the State of Wash-
ington dul20 co missioned and sw , ersonally appeared
and ._ r
to me nown to e the and
respective " of THE BOEING COMPANY,
the corpor tion that executed the foregoing instrument, and
acknowledged the said instrument to be the free and volun-
tary act and deed of said corporation, for the uses and pur-
poses therein mentioned, and on oath stated that they were
authorized to execute the said instrument, and that the seal
affixed is the corporate seal of said corporation.
GIVEN UNDER MY HAND AND OFFICIAL SEAL the day and
year first above written.
Notary Publ ' in and for t e
of W 't-to
Washing nt residing a _
Page 17 of 17
w'
EXHIBIT "B"
Lease between the City of Renton and The Boeing Compal
Renton Municipal Airport
A. Land Termination Complete
Size in Rate Per Termination
Item Area Designation Sq. Ft. Sq. Ft. Amount $
1 • I 16,914 .003787 $ 64.05
2. II 5,428 .003737 20.56
3. III 17,530 .003787 66.39
4. IV 55,812 .003787 211 .35
Old Road 31 ,U-83 .003787 120.74
5. V 75,689 .019671 1 ,488.87
6. VI 57,794 .019671 1 , 136.86
7. VII 30,646 .003787 116.06
3. VIII 21 ,O63 .003737 79.77
I
9. No Area
10. X (unimproved portion) 5, 103 .019671 100.38
X (improved portion) 7,253 .029507 214,00
11 . XI 11 ,458 .019671 . 225.39
12. XII 22,0.56 .0119671 433.85
XII "G" 25,374 .029507 748.70
XII "H" 15,932 .029507 470. 10
13. Fuel Truck Parking Apron 22,326 .021117 471 ,45
Including Misc. Bldg. & Structures
(improved portion)
Including Misc. Bldg. and 30,544 .003787 115.67
Structures (unimproved portion) •
14. Apron "A" including Compass Rose 227,941 .021117 4,813.42
and Approach (improved portion)
Compass Rose (unsurfaced portion)' 207,969 .003787 787.57
15. Apron Extension "D" 7,983 .003787 30.23
16. Apron "B" 98,449 .021117 2,078.94
17. Apron Extension "E" 36,416 .021117 769.00
18. Apron "C" (improved portion) 139,262 .021117 2,940.80
Apron "C" (unimproved portion) 86, 195 .003787 326.42
Page 1 of 2
Termination Complete
Size in Rate Per Termination
Item Area Designation Sq• Ft• Sq. Ft, Amount $
19, Apron Extension "F" (improved portion) 23,600 .021117 498.35
Apron Extension "F" (unimproved) 55,902 .003787 211 .70
20. West Compass Rose (improved) 45,718 .0,21117 965.42
West Compass Rose (unimproved) 71 , 121 .003787 269.34
21 . Oil House Area 4,789 .019671 94.20
22. Area West of Apron "C" 45,867 .003787 173,70
23. West Perimeter Road 8,600 .029507 253.76
TOTAL LAND AREA 1 ,512,617
TOTAL ANNUAL CASH RENT FOR LAND $20,297•.04
i
1/12 ANNUAL CASH RENT (MONTHLY INSTALLMENT) $ 1 ,691 .42
B. Buildinqs
24. Administration 6,203.08
25. Triple "X" Hangar on Area West of Apron "C" 933.24
C. Facilities
26. Two 12,000 Gallon Underground Fuel . 690.00
Storage Tanks
TOTAL ANNUAL CASH RENT FOR BUILDINGS AND FACILITIES 7,876.32
1/12 ANNUAL CASH RENT (MONTHLY INSTALLMENT) 656.36
TOTAL ANNUAL CASH RENT LAND, BUILDINGS AND FACILITIES 28, 173.36
1/12 TOTAL ANNUAL CASH RENT (MONTHLY INSTALLMENT) 2,347.78
DATED: June 1 , 1965
Page 2of2