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HomeMy WebLinkAboutLease I i 1 `ewe LE SE AGREEMENT LAG 05-73 Not ( City of Renton to Puget Sound Power & Light Company) THIS INDENTURE OF LEASE executed in triplicate , effective as of September 1 , 1973, by and between the CITY OF RENTON , a municipal corporation , hereinafter referred to as Lessor, acting by and through the RENTON AVIATION BOARD at the request of which Board this Indenture is executed by the Mayor and the City Clerk of the City of Renton ; and PUGET SOUND POWER & LIGHT COMPANY , a Washington corporation , hereinafter referred to as Lessee : WITNESSETH : 1 . 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 parcels of real estate accepted by the Lessee in their "as-is " condition , being located within the confines of the Renton Airport , Renton , King County, Washington , to-wit : BEGINNING at Station 23+27 .07 on the Westerly off-set line of said Renton Municipal Airport , said off-set line lying 350 feet Westerly of and parallel to the centerline of said runway ; thence North 5054 ' 56" West along said off-set line a distance of 119 . 95 feet ; thence South 84o 05 ' 37" West a distance of 10 feet to the true point of beginning ; thence continuing South 84005 ' 37" West a distance of 233 . 77 feet; thence South 21037 '45" East a distance of 124 .61 feet ; thence North 84005 ' 37" East a distance of 200 . 00 feet to a point 10 feet Westerly of said off-set line ; thence North 5054 ' 56 " West , 10 feet Westerly of and parallel to said off-set line a distance of 119 . 95 feet to the true point of beginning . Contains 26 ,014. 88 square feet . 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 nondiscriminatory 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 a period of twenty (20) years commencing on the first day of September , 1973 , and terminating on the first day of September 1 , 1993 , subject to the conditions , however, specified in paragraphs 17 and 18 hereinbelow. -1 - 2 . As rental for the above-described premises during said initial lease term , Lessee shall and will pay unto Lessor a monthly rental of One Hundred Fifty-One Dollars and Seventy-Five Cents ($151 . 75) (26 ,014 . 88 square feet @ $ . 07/square foot/year) payable promptly in advance on the first day of each and every month , and as further set forth in paragraph 18 hereinbelow. All such payments shall be made to the Director of Finance , Municipal Building , Renton , Washington . 3 . Above-described premises are leased to the Lessee for the purpose of constructing and maintaining thereon an aircraft maintenance and storage facility ; and Lessee covenants as a condition to continuance of this Lease that said facility shall be constructed and completed within six (6) months from date hereof. Lessee further covenants and agrees that said facility shall be continuously used for maintenance and storage of aircraft , together with the equipment , accessories and supplies pertaining thereto , and shall not be used for any other purpose without Lessor ' s consent in writing first obtained ; that no advertising matter or signs shall be at any time displayed on the leased premises or the structures thereon without the approval of the Lessor in writing . 4 . The leased premises and all the improvements or structures thereon shall be used and maintained by Lessee in a neat, orderly , and sanitary manner ; and shall be kept well painted by Lessee in such prevailing color scheme as may be from time to time established and required by Lessor ' s Aviation Board for such Airport so that the leased premises and structures located thereon shall be kept and operated in a reasonable harmony with other structures and color schemes on said airport. Lessee further covenants to keep and operate the leased premises and all -2- structures , improvements , and activities in conformity with all rules , regulations and laws now or hereafter adopted by Lessor City or its aforesaid Renton Aviation Board or the Civil Aeronautics Authority or State Aeronautics Board , or other duly constituted governmental authority , all at Lessee ' s cost and expense . 5 . As further consideration for this lease , it is stipulated and agreed that at the expiration of the term of this Lease or at any other termination of this Lease , all structures and any and all improvements of any character whatever installed on the leased premises shall be and become the property of the Lessor City and title thereto shall pass and revert to Lessor City at such termination , and none of such improvements now or hereafter placed on the leased premises shall be removed therefrom at any time without Lessor ' s written consent. The Lessor shall have the alternative , at its option , to require Lessee to remove any and all improvements and structures from the demised premises , at Lessee ' s expense . 6 . Lessor shall not be called upon to make any improvements , alteration or repair of any kind upon said premises and Lessee covenants that he will not permit any waste , damage or injury to the premises or improvements , nor to allow the maintenance of any nuisance thereon , nor the use thereof for any illegal purposes or activities , nor for any purpose or operation preventing the maintenance of fire insurance on the said improvements or activities . 7 . Lessee further agrees to pay , in addition to the rentals hereinabove specified and other charges hereinabove defined , all charges for any and all license fees , real estate and/or personal property taxes , and charges now in effect or hereafter levied or established by Lessor City , or Renton Aviation Board , or its successors , or by any other governmental agency or authority , being or becoming levied or charged against the premises , structures , business operations or activities conducted by or use made by Lessee of, on and from the leased premises which shall -3- include but not be limited to all charges for light , heat , gas , power , garbage , water and other utilities or services rendered to said premises . 8. Lessee covenants to indemnify and save harmless Lessor City against any and all claims arising from the conduct and management of, or from any work or thing whatsoever done in or about , the demised premises or the improvements or equipment thereof during said Lease term , or arising from any act or negligence of the Lessee or any of its agents , contractors , patrons , customers or employees , or arising from any accident , injury or damage whatsoever, however caused , to any person or persons or to the property of any person , persons or corporation occurring during said term on , in or about the leased premises and from and against all costs , attorneys ' fees , expenses and liabilities incurred in or from any such claims or any action or proceeding brought thereon ; and in case any action or proceeding be brought against the Lessor City by reason of any such claim , Lessee , on notice from Lessor , shall resist or defend such action or proceeding forthwith . 9 . It is further agreed that all personal property in said demised premises shall be at the risk of Lessee only and that Lessor or Lessor ' s agents shall not be liable for any damage , either to personal property , sustained by Lessee or other persons , due to the buildings or said demised premises or any part or appurtenance thereof becoming out of repair . 10 . Lessee covenants and agrees to hold harmless and indemnify the Lessor and its agents against any liability , loss , claim or damage from any cause directly or indirectly resulting from Lessee ' s use or occupancy of the demised premises or of any structures , activities or business placed on or conducted thereat , by Lessee , its agents , assigns , licensees , or invitees and Lessee shall keep in full force and effect at all times during this Lease term adequate public liability and property damage -4- vw insurance , written by a company authorized to do business in the State of Washington , with limits of not less than $300 ,000/ $500 ,000 and $100 ,000 respectively , and Lessee shall promptly furnish unto Lessor evidence of such insurance by furnishing unto Lessor a copy of each policy of insurance or a certificate thereof evidencing such coverage . 11 . This lease or any part hereof shall not be assigned by Lessee , or by operation of law , or otherwise , nor said premises or any part thereof sublet without the written consent of Lessor endorsed thereon ; and in the event such written consent shall be so given , no other subsequent assignment , assignments or subletting , shall be made by such assignee or assignees , or sublessee , without previous consent of Lessor first had and obtained in writing . It is expressly agreed that if consent is once given by the Lessor to the assignment of this Lease or any interest therein or to the subletting of the whole or any part of said leased premises , then Lessor shall not be barred from afterwards refusing to consent to any further assignment of said Lease or subletting of said leased premises , then Lessor shall not be barred from afterwards refusing to consent to any further assignment of said Lease or subletting of said leased premises . 12 . It is expressly understood and agreed that Lessor holds and operates said Airport and the demised premises under and subject to a grant and conveyance thereof to Lessor City from the United States of America , acting through its Reconstruction Finance Corporation , and subject to all the reservations , restrictions , rights , conditions and exceptions of the United States therein and thereunder , which grant and conveyance has been filed for record in the office of the County Auditor of said King County , Washington , and recorded in Volume 2668 of Deeds , Page 386 ; and further that Lessor holds and operates said Airport and premises under and subject to the State Aeronautics acts of the State of Washington (Chapter 165 , Laws of 1947 ) , and any subsequent amendments thereof or subsequent legislation of said State and all rules and regulations lawfully promulgated -5- +rr under any act or legislation adopted by the State of Washington or by the United States or the Federal Aviation Authority . It is expressly stipulated and agreed that the Lessee also accepts and will hold and use this Lease and the respective demised premises subject thereto and to all contingencies , risks and eventualities of or arising out of the foregoing , and if this Lease or the period thereof or any terms or provisions thereof be or become in conflict with or impaired or defeated by any such legislation , rules , regulations , contingencies or risks , the latter shall control and if necessary modify or supersede any provision of this Lease affected thereby , all without any liability on the part of or recourse against the Lessor in favor of Lessee . Nothing in this Lease contained shall operate or be construed to prevent or hinder the future development , improve- ments or operation of said Renton Airport by Lessor , its agents , successors , or assigns , or any department or agency of the State of Washington or of the United States , or the consummation of any loan or grant of Federal or State funds in aid of the development , improvement or operation of said Renton Airport . 13 . It is expressly understood and agreed that in case the demised premises shall be deserted or vacated , or if default be made in the payment of the rent or any part thereof as herein specified , or if , without the consent of the Lessor , the Lessee shall sell , assign or mortgage this Lease , or if default be made in the performance of any of the covenants and agreements in this Lease contained on the part of the Lessee to be kept and performed , or if Lessee shall fail to comply with any of the statutes , ordinances , rules , orders , regulations and requirements of the Federal , State and City government , or if Lessee shall file a petition for bankruptcy or be adjudicated a bankrupt , or make assignment for the benefit of creditors or take advantage of any insolvency act , the Lessor may , if it so elects , at any time thereafter terminate this Lease and the term hereof , on giving to the Lessee ten ( 10) days notice in writing of the Lessor ' s intentions to do so . Upon the expiration of said ten ( 10) day -6- notice , this Lease ` 'nd the term hereof together'"with any and all other rights and options of Lessee herein specified , shall expire and come to an end on the day fixed in such notice , except that Lessee ' s obligation and liability for any unpaid rentals or other charges heretofore accrued shall remain unabated . Lessor may thereupon re-enter said premises with or without due process of law, using such force as may be necessary to remove all persons or chattels therefrom, and Lessor shall not be liable for damages by reason of such re-entry or forfeiture . 14 . All terms , conditions and provisions of this Lease agreement shall be binding upon Lessee , his successors and assigns , if any. 15 . If the whole or any substantial part of the premises hereby leased shall be condemned or taken by any County , State or Federal authority for any purpose , then the term of this Lease shall cease on the part so taken from the day the possession of that part shall be required for any purpose and the rent shall be paid up to that date , and from that day the Lessee or Lessor shall have the right to either cancel this Lease and declare the same null and void , or to continue in the possession of the remainder of the same under the terms herein provided , except that the rent shall be reduced in proportion to the amount of the premises taken for such public purposes . All damages awarded for such taking for any public purpose shall belong to and be the property of the Lessor, except that the Lessee shall be entitled to such portion of the award which is attributable to the value of any real property improvements installed on the Leased Premises by the Lessee , or for that portion of said award attributable to any diminution in value to the said improvements caused by said condemnation . 16 . Any notice required to be given or served in accordance with the provisions of this Lease shall be sufficiently given and served if delivered in writing to a party , or if sent by registered mail , postage prepaid , to the other party ' s last known mailing address . -7- 17 . In the event , however , that Lessee has not commenced construction of a building located on the above-described premises to serve as an aircraft storage and maintenance facility within a period of sixty (60) days from the date of execution hereof, then this Lease Agreement and all rights and obligations of the parties hereunder shall cease and terminate in all respects and without any further action and notice ; and further provided all of such work of every type and nature as shown on the plans and specifications for such construction shall be completed not later than six (6) months from date hereof. All of such work including plans and specifications shall have the prior written approval of Lessor and said documents are attached hereto , labeled Exhibit "B " and made a part hereof and incorporated herein as if fully set forth . All costs and expenses of every type and nature in connection with or incidental to the construction and remodeling shall be in full compliance with all applicable City codes , ordinances and regulations pertaining to such work . Lessee shall further promptly repair and/or replace any and all such damage to any utility lines incurred in connection with any such construction . 18 . Said rental payments as specified in paragraph 2 hereof shall continue until the first day of September , 1978 . Effective as of said date , and every consecutive five (5 ) years thereafter , said rental rate as hereinabove specified shall be readjusted by and between the parties to be effective for each ensuing five (5 ) year period , respectively. Minimum base rental for any extended period , that is after September 1 , 1978 , shall not be less than the aforespecified rental of $151 . 75 per month . If, however, the parties are unable to agree upon such adjusted rental for the ensuing five (5 ) year period , within thirty ( 30) days prior to the commencement of each such consecutive five ( 5) year period , then the parties shall submit the matter of rentals for such ensuing five (5 ) year period to arbitration . Lessee shall select one arbitrator and Lessor likewise select one and the two so chosen , if unable to agree within a period of thirty ( 30) days after such appointment , shall select a third one and -8- the decision of the majority of such arbitrators shall be final and binding upon the parties hereto . The arbitrators shall be experienced real estate appraisers and be knowledgeable in the field of comparable rentals and use charges in King County and shall likewise give due consideration to any change in economic conditions from the preceding rental period . Each party shall pay for and be responsible for the fees and costs charged by the arbitrator selected by him and the fee of the third arbitrator , if any , shall be shared equally between them. Leasehold improvements made by Lessee shall not be considered as part of the leased premises for the purpose of future adjustments or readjustments of the aforesaid rental rates . The arbitrator shall make the decision in writing within sixty ( 60) days after their appointment , unless the time is extended by the agreement of both parties . The readjusted rental in each case , whether determined by arbitration or by agreement of the parties themselves , shall be effective as of the commencement of each such five ( 5) year rental term . 19 . Lessee shall quit and surrender the premises at the end of the term in as good a condition as the reasonable use thereof would permit and shall not make any alterations , additions or improvements to the premises without the prior written consent of the Lessor; all alterations , additions or improvements which may be made by either of the parties hereto on the premises , except movable office furniture or trade fixtures , put in at the expense of Lessee , shall be and remain the property of the Lessor and shall remain on and be surrendered with the premises as a part thereof at the termination of this Lease without hindrance , molestation , or injury . 20 . Lessee further agrees in addition to the insurance requirements herein set forth , to take out and keep in full force and effect during the full term of this Lease , or any extension or renewal thereof , a policy or policies of fire insurance , together with extended coverage , in standard form , in a company or companies acceptable to and approved by Lessor and in an -9- amount at least equal to the replacement cost of such improvements ; such policy or policies shall name the Lessor as an additional insured as its interest may appear , and true copies of such policy or policies or a certificate of insurance evidencing such coverage shall be promptly furnished unto Lessor at all times . Such policy shall not be canceled or voided unless at least ten ( 10) days ' written notice prior thereto has been furnished unto Lessor. 21 . If, without execution of any extension or renewal , Lessee should remain in possession of the premises after expiration or termination of the terms of this Lease , then Lessee shall be deemed to be occupying said premises as a tenant from month to month . All the conditions , terms and provisions of this Lease , insofar as applicable to a month-to-month tenancy , shall likewise be applicable during such period . 22 . It is further covenanted and agreed between the parties hereto that no waiver by Lessor of a breach by Lessee of any covenant , agreement , stipulation , or condition of this Lease shall be construed to be a waiver of any succeeding breach of the same covenant , agreement , stipulation , or condition or a breach of any other covenant , agreement stipulation , or condition ; also that all covenants , conditions , and agreements herein contained shall extend to and be binding on the heirs , executors , administrators , successors and assigns of the parties hereto . The acceptance by the Lessor of rent after any breach by the Lessee of any covenant or condition by Lessee to be performed or observed shall be construed to be payment for the use and occupation of the demised premises and shall not waive any such breach or any right of forfeiture arising therefrom. 23 . All notices under this Lease shall be in writing and delivered in person or sent by certified mail or registered mail unto Lessor at the following address , to-wit : Airport Director Renton Municipal Building Renton , Washington 98055 -10- and in case of any notice unto Lessee , then to the premises leased hereunder; or such address as may hereafter be designated by either party in writing . 24 . In the event that Lessee has fully and faithfully complied with all the terms and conditions of this Lease Agreement, then in such event Lessor grants unto Lessee the right and option to renew or extend this Lease for a further term of ten ( 10) Years . The rental for each five (5) year period shall be ascertained as set forth in paragraph 18. Notice of the exercise of such option shall be given by Lessee unto Lessor at least ninety (90) days prior to the expiration of the original term of this Lease , which notice must be in writing; and it is expressly agreed by and between the parties hereto that time is of the essence in the giving of said notice . 25 . Lessee covenants and agrees to not discriminate against any person or class of persons by reason of race , color , creed or national origin in the use of any of its facilities provided for the public in the Airport . Lessee further agrees to furnish services on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory basis for each unit of service , provided that Lessee may make reasonable and non-discriminatory discounts , rebates or other similar types of price reductions to volume purchasers . 26 . Parties hereto agree to the following special terms and conditions of this Lease Agreement as set forth hereinbelow: a) Sanitary Sewer System--Lessee hereby agrees to pay his proportionate share of the total cost of providing sanitary sewer facilities to the leased premises as herein defined , being agreed herein that said proportionate share shall not exceed $5 ,000 . 00 . The cost for providing sewer facilities will be handled on a Local Improvement District basis and in accordance with applicable City and State laws . b) Revision of Lease Boundaries--Upon completion of the perimeter road the Lease boundaries will be revised to include that portion between the Lessee ' s west boundary and the east -11 - imp, sie right-of-way boundary of the perimeter road, or to exclude that portion of the leased area which lies west of the east boundary of the perimeter road , whichever the case may be . Any additional footage shall be included as part of the leased area . Any portion of the leased area which might be within the boundaries of the perimeter road shall be excluded from the leased area . The monthly payments shall be adjusted accordingly at the stated rate of $ . 07 per square foot. c) Lessee further agrees to install necessary landscaping and permanent parking lot paving in accordance with plans approved by the Planning Commission and the Airport Director . These improvements will not be required until after the completion of the perimeter road . Lessee agrees to complete said improvements within six (6 ) months after written notice to proceed has been given by the Airport Director . d) Lessor reserves the right to install perimeter fencing around proposed parking facilities on this leased property at its discretion . IN WITNESS WHEREOF the parties have executed this Agreement the day and year first hereinabove stated . PUGET SOUND POWER & LIGHT CITY OF RENTON , a Municipal COMPANY , a Washington corporation corporation BY V) Yg S, Avery i rrett , Mayor . c By t "le'tet4- 1 By t.(i/ 'l %rZ/ ( , 7, , , t r e ores A. Mead , City Clerk $ECRET1 y LESSEE LESSOR APPROV % BY RE TO AVIATION BOARD 0411P / "il AP ,:F /Po n` . Ko,; 7-ft Y APPR(\ VED AS TO FORM: I\ l \k, cli \ Byk), ,,,,,,,. �) ... Ci tS Attorney -12- STATE OF WASHINGTON ) ) ss COUNTY OF KING ) This is to certify that on this . , i dayof �,,� r�/ / 6 1973 , before me , the undersigned Notary Publc , per' sdn� ll y appeared AVERY GARRETT and DELORES A. MEAD , 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 . GTO/EN under my hand and official seal this . day of ti.! , 1973 . ((, otary Public in an . for the tate of Washington , residing in Renton . -13- Amor EAG 05-73 - Addendum 01--79 ADDENDUM TO LEASE AGREEMENT (City of Renton to Puget Sound Power & Light Company) THIS ADDENDUM TO LEASE AGREEMENT, effective as of September 1 , 1978, made an entered into this 2nd day of May, 1979. WITNESSETH: 1. The City of Renton and Lessee have previously entered into a Lease Agreement dated September 1, 1973. 2. Lessor and Lessee do hereby agree to extend the term of the Lease for the purpose of determining current rental fee, under the provisions of Paragraph 18 of the original Lease Agreement, until the 1st day of September, 1983, at a monthly rental of One Hundred and Fifty-Five Dollars and Two Cents ($155. 02), computed at the annual rate of $.085 per square foot. 3. Lessor and Lessee hereby agree that the square footage of the Lessee's property subject to this lease is 21,884.95 square feet, the same constituting a change from the square footage in the original. Lease Agreement. The legal description is as follows: Beginning at a point located on the Renton Airfield Runway Centerline referred to as Station 0+00; Thence N. 4° 49' 43" W. along the Runway Centerline a Distance of 2,326.96 Feet; Thence S. 85° 10' 17" W. a Distance of 360 Feet to the True Point of Beginning; Thence S. 85° 10' 50" W. a Distance of 163.96 Feet; Thence N. 21° 55' 07" W. a Distance of 125.53 Feet; Thence N. 85° 10' 50" E. a Distance of 200.85 Feet; Thence S. 4° 49' 43" E. a Distance of 119.98 Feet to the True Point of Beginning. Area = 21,884.95 Square Feet. Lease Map Attached. 4. All other terms and conditions of the original Lease Agreement shall remain in full force and effect. PUGET SOUND POWER F LIGHT COMPANY, CITY OF RENTON, a Municipal a Washington corporation corporation • B BY _.- ' O MANAGER - Barbara Y. Shinpoch , Mayor REAL ESTATE DIVISION • By BY !moi /4 Al /f De ores A. Mead, ty 1-• k LESSEE LESSOR APPROVED AS TO FORM: 7. � -- q By C_ ;i City Attorney Inv STATE OF WASHINGTON) ) ss COUNTY OF KING ) 110 On this 31 S'T" day of up .'4 , 191:9-, before me, the undersigned, personally appeared Les \:e R . Omrktys,R to me known to be the Maras ee. - 9oe0.1 Ectake 1).‘V %s io N , respectively of PUGET SOUND POWER & LIGHT COMPANY, the corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, 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. WITNESS my hand and official seal hereto affixed the day and year first above written. 44eAt i r3 Notary Public in and for t e State of Washington, residing at Ly v►.nwooc9 STATE OF WASHINGTON) ) ss COUNTY OF KING ) This is to certify that on this 6th day of February , 1980, before me, the undersigned Notary Public, personally appeared BARBARA Y. SHINPOCH and DELORES A. MEAD, 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 6th day of February 1980. Notary Public in and for the State of Washington, residing in Renton 0 t SCALE : I"= 40' / BASE LINE 350' OFFSET FROM Q OF RUNWAY m . E t0 m �0 LO • N N 7 {- M NN N 4° 49' 43" W 4 /Ctl I ® 54 49 3 E 119.98 AREA = 21,884.95 SQ. FT. W o .. In Cr) _ in M -..9- to co � o – o g . up o m o0 N N CO Z — — \25-y3 e �� 07 w N 2‘ i — LEASE — PUGET POWER R - RENTON MUNICIPAL AIRPORT APPROVED DRAWN • RC. DATE • DEC. 1975 AIRPORT DIRECTOR CHECKED J.A. FIELD BOOK 394 _ \ LAG 05-73 Addendum #03-83 ADDENDUM TO LEASE AGREEMENT (City of Renton to Puget Sound Power & Light Company) THIS ADDENDUM TO LEASE AGREEMENT LAG 05-73, effective as of September 1 , 1983, made and entered into this �12/ tt day of ( . e- , 1983. WITNESSETH: 1 . The City of Renton and Lessee have previously entered into a Lease Agree- ment dated September 1 , 1973. 2. Lessor and Lessee do hereby agree to extend the term of the Lease for the purpose of determining current rental fee, under the provisions of Paragraph 18 of the original Lease Agreement, until the 31st day of August, 1988, at a monthly rental of Two Hundred Fifty-Five Dollars and Thirty-Two Cents ($255.32) , computed at the annual rate of $.14 per square foot. 3. Lessor and Lessee hereby agree that the square footage of the Lessee' s property subject to this lease is 21 ,884.95 square feet, the same constituting the square footage previously established by Addendum #01-79. The legal description is as follows: Beginning at a point located on the Renton Airfield Runway Centerline referred to as Sta. 0+00: Thence North 4°49'43" West along the runway centerline a distance of 2,326.98 ft. ; thence South 85°10'17" West a distance of 375 ft. to the true point of beginning; thence South 85°10' 50" West a distance of 163.96 ft. ; thence North 21 °55'07" West a distance of 125.53 ft. : thence North 85°10"50" East a distance of 200.85 feet; thence South 4°49'43" East a distance of 119.98 feet to the true point of beginning. AREA = 21 ,884.95 sq. ft. 4. All other terms and conditions of the original Lease Agreement shall remain in full force and effect. PUGET SOUND POWER & LIGHT COMPANY, CITY OF RENTON, A Municipal a Washington Corporation Corporation BY 'GrD. Y � ,'S4�n 'e Mayor Director Real Estate e Ga City Clerk APPROVED AS TO LEGAL FORM City Attorney 'www `ftwt STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this 0 day of )C712$0 , 1983, before me, the undersigned personally appeared WM. K. ARTHUR to me know to be the Director Real Estate of PUGET SOUND POWER & LIGHT COMPANY, the corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, 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. WITNESS my hand and official seal hereto affixed the day and year first above written. trifk Notary Publi yin and for the,, .State of Washingt n`�" residing X�a STATE OF WASHINGTON ) )SS COUNTY OF KING ) This is to certify that on the ,--)...2)--i4 day of (:c, ,,-{a, , 19813, before me, the undersigned Notary Public, personally appeared{ y-L1 . tn. : `1 ;: nr%1t-`; and b1C.,4, y, . -�. J) t::16 t; , to me known to be the duly qualified MAYOR and CITY CLERK, respectively, of the City of Renton, Washington, and acknowledged that they executed the above and foregoing instrument for theCity 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 .1L/4-4 day of d ",..1,__/:: 1983. rLe, LL. ( _e �e ota-ry Pub' i c i n and for the St to of Washington, residing .ey (1Ce, t v j volvw r..r LAG 05-73 ADDENDUM #04-88 LEASE AGREEMENT CITY OF RENTON TO PUGET SOUND POWER & LIGHT COMPANY THIS INDENTURE OF LEASE, executed in triplicate, effective as of JANUARY 1, 1988 by and between the CITY OF RENTON, a municipal corporation, hereinafter referred to as Lessor; and, PUGET SOUND POWER & LIGHT COMPANY, a Washington Corporation, hereinafter referred to as Lessee: WITNESSETH 1. RENTAL RENEGOTIATION WHEREAS the Lessor has established a common renegotiation date for all ground leases, specifically June 1, 1990, and WHEREAS it is necessary for individual lease dates to be revised to conform with that common date, THEREFORE IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE PARTIES AS FOLLOWS: Lessor does hereby revise the Rental Renegotiation effective date to JUNE 1, 1990 2. APPLICABILITY OF ORIGINAL LEASE All other terms, conditions, and provisions of Lease Agreement LAG 05-73 dated September 1, 1973 and supplements thereto, unless specifically modified and amended by this agreement and upon becoming effective, shall remain in full force and effect. PUGET SOUND POWER & LIGHT CO. CITY OF RENTON, a Municipal a Washington Co poration Cir oration 0 Mayor z (16-24NK i37 S? g&:779F-.)/ LESSEE City Clerk LESSOR APPROV AS TO LEGAL FORM: +i¢-v1,c�P GL-..407,---- City —.-civCity Attorney *r' ® wt` STATE OF WASHINGTON) )ss COUNTY OF KING ) THIS is to certify that on this 1)t) day of bPi PA 19 D I before me, the undersigned Notary Public, personally appeared kVA. diehe to me known to be the (PYyDYAI/ XII t" (igyk4uiw QOlikW-�� LIN- and `�.,� acknowledged to me that executed th foregoing instrumfor said (,cftWAlsov. 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 6., 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 &f" 44 - vie ,ftiow STATE OF WASHINGTON ) ) ss COUNTY OF KING ) This is to certify that on this 44kday of jinrv.ci before me, the undersigned Notary Public, personally appeared Eo W.( Ci yy me r and /hax to me known to 5e 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 ;)--8' day of :370.n.LLo rtj 1988 Notary Public in and for the State of Wahington, residing t 4 IS I Imre vr.rc LAG 05-73 Addendum #05-92 ADDENDUM TO LEASE AGREEMENT (City of Renton to Puget Sound Power & Light Company) THIS ADDENDUM to Lease Agreeme 2t LAG 05-73, is effective as of January 1, 1992 and entered into this /74 , day of /I2Q/te%i , 1992. RECITALS: WHEREAS, the City of Renton and the Lessee previously entered into Lease Agreement 05-73 dated September 1, 1973, with a term of twenty (20) years commencing on September 1, 1973 and terminating on September 1, 1993, for the lease of 26,014.88 square feet of uninproved real estate in an "as is" condition, said Lease establishing the monthly rental of One Hundered Fifty-One Dollars and Seventy-Five Cents ($151.75), and WHEREAS, the City of Renton and the Lessee agreed to and executed Addendum 01-79 dated May 2, 1979, which addendum extended the term of the Lease in accordance with the terms of Paragraph 18 of the original Lease Agreement until September 1, 1983, said Addendum establishing the monthly rental of One Hundred and Fifty-Five Dollars and Two Cents ($155.02), computed at the annual rate of Eight and One-Half Cents ($0.085) per square foot, and WHEREAS, under the terms of Addendum 01-79 the City of Renton and the Lessee also agreed that the square footage of the Lessee's property subject to the Lease was, as of May 2, 1979, reduced from the 26,014.88 square feet leased by the Lessee in the Lease Agreement 05-73 dated September 1, 1973, to a new total square footage of 21,884.95 square feet, and WHEREAS, there is no Addendum 02 recorded, and WHEREAS, the City of Renton and the Lessee agreed to and executed Addendum 03-83, which addendum extended the term of the Lease for the purpose of determining current rental fee, under the provisions of Paragraph 18 of the original Lease Agreement, until August 31, 1988, said Addendum establishing the monthly rental of Two Hundred Fifty-Five Dolars and Thirty-Two Cents ($255.32), computed at the annual rate of Fourteen Cents ($0.14) per square foot, and WHEREAS, the City of Renton and the Lessee agreed to and executed Addendum 04-88 executed by the Mayor and City Clerk on January 28, 1988, which addendum revised the Rental Renegotiation effective date to June 1, 1990, and WHEREAS, on November 12, 1991, Puget Sound Power & Light agreed to a rental rate increase establishing the monthly rental of Five Hundred Forty-Seven Dollars and Twelve Cents ($547.12), computed at the annual rate of Thirty Cents ($0.30) per square foot, said rental rate to be retroactive to the Rental Renegotiation Effective Date of June 1, 1990, established by Addendum 04-88. \Oia/S *we low NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND PUGET SOUND POWER & LIGHT COMPANY AS FOLLOWS: WITNESSETH: 1. The Lessor and Lessee do hereby agree to a rental rate of Five Hundred Forty-Seven Dollars and Twelve Cents ($547.12), computed at the annual rate of Thirty Cents ($0.30) per square foot, said rental rate to be retroactive to the Rental Renegotiation Effective Date of June 1, 1990. 2. Lessor and Lessee do hereby agree that the annual rate of Thirty Cents ($0.30) per square foot shall remain in effect until September 1, 1993, the date of termination of the Lessee's lease. 3. Lessor and Lessee do hereby agree that the minimum base rental for any lease extension, new lease executed on or before the September 1, 1993 lease expiration date or any other continuation of the lease as agreed by the parties, shall not be less than the aforespecified rental of $547.12 per month. 4. The Lessor and Lessee do hereby agree that the square footage of the Lessee's property subject to this lease is 21,884.95 square feet, the same constituting the square footage as described by the legal description in Addendum 01-79. 5. All other terms and conditions of the original Lease Agreement shall remain in full force and effect. PUGET SOUND POWER & LIGHT COMPANY CITY OF RENTON a Washington Corporation a Municipal Corporation Nth BY BY111, AJ � . AA _ J Director Real Estate Mayor ' City ifar Approved as to legal form 410° AAA ' %/P City Attor" Leasee PSP&LAdd /G/NAL LAG 05-73 Addendum #06-93 ADDENDUM TO LEASE AGREEMENT (City of Renton to Puget Sound Power & Light Company) THIS ADDENDUM to Lease Agreement LAG #00555-73 is effective as of September 1, 1993, and entered into this AS.a., day of , 1993. RECITALS: WHEREAS, the City of Renton and the Lessee previously entered into Lease Agreement 05-73 dated September 1, 1973, with a term of twenty (20) years commencing on September 1, 1973 and terminating on September 1, 1993, and WHEREAS, rental payments were established to continue from September 1, 1973 to September 1, 1978, and every consecutive five (5) years thereafter rental rates were to be readjusted by and between the parties to be effective for each ensuing five (5) year period, resulting in rental rate adjustment dates of September 1, 1978, 1983, 1988 and 1993, and WHEREAS, on November 12, 1991, Lessee agreed to an increase of the annual rental rate to $0.30 per square foot per year, said rental rate to be retroactive to the June 1, 1990, and WHEREAS, upon expiration of the lease in 1993, Lessee has the right and option to renew or extend the lease for a further term of ten (10) years upon notice, by the Lessee to the Lessor, of the exercise of such option at least ninety (90) days prior to the expiration of the original term of the lease, i.e., June 1, 1993, and WHEREAS, Lessee did by letter dated May 25, 1993, delivered by certified mail to the Airport Manager, notify the Lessor of Lessee's intent to exercise its option to extend the term of the lease for an additional ten (10) year period beginning September 1, 1993, and WHEREAS, the extended term of the lease will begin September 1, 1993 and expire September 1, 2003, with no additional rights or options to renew or extend the lease, and WHEREAS, the current rental payments, as specified in Addendum #05-92 to this lease, shall continue until the first day of September 1995. Effective as of that date, and every consecutive five (5) years thereafter, said rental rate shall be readjusted by and between the parties to be effective for each ensuing five (5) year period, respectively, as specified in paragraph 18 of said lease, and WHEREAS, upon expiration of this extended term of the lease on September 1, 2003, all structures and any and all improvements of any character whatever installed on the leased premises shall be and become the property of the Lessor and title thereto shall pass and revert to the Lessor City upon September 2, 2003, unless Lessor exercises its option to require Lessee to remove any and all improvement and structures at Lessee's expense, 1;ktials 061111j /411, 100"` Noe Addendum #06-93 (Continued) NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND PUGET SOUND POWER & LIGHT COMPANY AS FOLLOWS: WITNESSETH: 1. The Lessor and Lessee do hereby agree to an extension of the lease term effective September 1, 1993 and expiring September 1, 2003. 2. The Lessor and Lessee do hereby agree to a rental rate of Five Hundred Forty-Seven Dollars and Twelve Cents ($547.12) per month, computed at the annual rate of Thirty Cents ($0.30) per square foot per year. 3. Lessor and Lessee do hereby agree that the annual rate of Thirty Cents ($0.30) per square foot shall remain in effect until September 1, 1995, and effective as of that date the rental rate shall be readjusted by and between the parties as specified in paragraph 18 of the lease. 4. All other terms and conditions of the original Lease Agreement shall remain in full force and effect. PUGET SOUND POWER & LIGHT COMPANY CITY OF RENTON a Washington Corporation a Municipal Corporation 1111 BY BY Director Real state Mayor Age City 0-7 Approved as to legal form Date: 4 -ate-73 C7eAmV/AjdAltit01,-- City Attorney Files/Lessees PugetPwr/Lease Adden06.doc 'Noe `ow LAG 05-73 Addendum#07-98 ADDENDUM TO LEASE AGREEMENT (City of Renton to Puget Sound Energy, Inc.) THIS ADDENDUM to Lease Agreement LAG 05-73 is effective as of the date of execution by the City of Renton, as indicated on the last page of this addendum. RECITALS: WHEREAS, on November 12, 1991, Lessee agreed to an increase of the annual rental rate to $0.30 per square foot per year, said rental rate to be retroactive to June 1, 1990, and continuing until the first day of September 1995, and WHEREAS, effective as of September 1, 1995, the rental rate of$0.30 per square foot per year was continued as the rental rate for the period September 1, 1995 through August 31, 2000, and WHEREAS, during 1997 the Puget Sound Power and Light Company changed its name to Puget Sound Energy, Inc., and WHEREAS, during July 1997, new land lease rates had been established by arbitration, and WHEREAS, the land rental rate for the land area leased by the Puget Sound Energy, Inc. was determined to be $0.28 per square foot per year, and Puget Power and Light.Company was refunded $0.02 per square foot per year for the period June 1, 1993 through December 31, 1997, and WHEREAS, the land rental rate of$0.28 per square foot per year shall continue until the first day of September 2000. Effective as of that date, said rental rate shall be readjusted by and between the parties to be effective for the remaining three(3) year period of the lease, and WHEREAS, upon expiration of the extended term of the lease on September 1, 2003, all structures and any and all improvements of any character whatever installed on the leased premises shall be and become the property of the Lessor and title thereto shall pass and revert to the Lessor City upon September 2, 2003, unless Lessor exercises its option to require Lessee to remove any and all improvements and structures at Lessee's expense. LEASE AGREEMENT 05-73 l City of Renton to Puget Sound Energy,Inc. (formerly Puget Sound Power and Light Company) Now New LAG 05-73 Addendum#07-98 NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND PUGET SOUND ENERGY, INC., AS FOLLOWS: WITNESSETH: 1. All leases and addenda bearing the name of Puget Sound Power and Light Company shall be read as applying to Puget Sound Energy, Inc. 2. The Lessor and Lessee do hereby agree to a land rental rate of Twenty Eight Cents ($0.28)per square foot per year. 3. Lessor and Lessee do hereby agree that the annual rate of Twenty Eight Cents ($0.28) per square foot per year shall remain in effect until September 1, 2000, and effective as of that date the rental rate shall be readjusted by and between the parties as specified in paragraph 18 of the lease. 4. All other terms and conditions of the original Lease Agreement shall remain in full force and effect. PUGET SOUND ENERGY, INC. CITY OF RENTON a Washington Corporation a Municipal Corporation Asni P'rector -Real-Estee-ifcj�'lvlayoi e s e a (OKPOCAT (AUULES OA/4 - Approved as to legal form City Clerk 'Ma4lyn J. Petersen City Attorney LEASE AGREEMENT City of Renton to Puget Sound Energy,Inc. (formerly Puget Sound Power and Light Company) 1 ✓ � LAG 05-73 Addendum#08-00 ADDENDUM TO LEASE AGREEMENT (City of Renton to Puget Sound Energy, Inc) THIS ADDENDUM to Lease Agreement LAG 05-73 is effective as of the date of execution by the City of Renton, as indicated on the last page of this addendum. RECITALS: WHEREAS, effective September 1, 2000, the land rental rate of$0.28 per square foot per year was readjusted for the remaining three year period of the lease, and WHEREAS, the Lessor proposed by letter, dated August 14, 2000, that the land rental rate be adjusted utilizing the Consumer Price Index-Urban for the Seattle-Tacoma area, and WHEREAS, the proposed adjustment would result in a land rental rate increase of the $0.28 land rental rate to $0.3271 per square foot per year, and WHEREAS, the proposed adjustment would result in an annual rent increase from $6,127.79 to $7,158.57, and WHEREAS, on August 21, 2000, Lessee responded by letter that the proposed increase was satisfactory NOW, THEREFORE,IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND PUGET SOUND ENERGY, INC., AS FOLLOWS: WITNESSETH: 1. The Lessor and Lessee do hereby agree to a land rental rate of Thirty Two Point Seven One Cents ($0.3271) per square foot per year, effective September 1, 2000. 2. Lessor and Lessee do hereby agree that the annual land rental rate of Thirty Two Point Seven One Cents ($0.3271) per square foot per year shall remain in effect until September 1, 2003. 3. All other terms and conditions of the original Lease Agreement shall remain in full force and effect. C& 6iii # LEASE AGREEMENT 05-73 i City of Renton to Puget Sound Energy,Inc. Ite **se LAG 05-73 Addendum#08-00 PUGET SOUND ENERGY, INC. CITY OF RENTON a Washington Corporation a Municipal Corporation 1 /i" IiirectorxCorporate Faciries ayor 411 City Cl/k Approved as to legal form City Attorney &rIJTh LEASE AGREEMENT 05-73 2 City of Renton to Puget Sound Energy,Inc.