HomeMy WebLinkAboutD.A. Incorporated - Janet Deatley Leuduc - Building Lease2300 West Washington Ave.. Yakima, Washington 98903 * [509] 575-6150
April 26, 1989
Mr. Al Deatley
P.O. Box 10268
Yakima, WA 99909
Dear Al:
Your lease with the Yakima Air Terminal specifies that: "LESSEE
agrees to comply with all laws, ordinances, rules and regulations
applicable to the use and operation of Yakima Air Terminal
property, facilities and operations as those laws, ordinances,
rules and regulations now exist or may hereafter become effective
so as to apply to the occupancy and use by LESSEE of the leased
premises and the conducting of LESSEE's operations thereon or-
therefrom." Accordingly, the following provisions will be deemed
to be incorporated into and made a part of your existing lease.
(1) In no event shall Lessee make any unlawful use of the
premises or any portion thereof, specifically including
but not limited to violation of any federal, state, or
local statute, regulation, or ordinance of or
concerning the use, discharge, storage, application, or
shipping of any hazardous substance, solid, or
hazardous waste$ or the like. As to all of the
foregoing, Lessee covenants and agrees to defend,
indemnify, and hold harmless Lessor from all costs,
expenses, judgments, fines, remediation costs,
inspections, spills, cleanup costs, penalties, and
damages which might accrue as a result of breach of
this section, whether the same might be incurred,
suffered, or revealed during the term hereof or
subsequent hereto. At the completion of the lease
term, whether upon its scheduled termination date or
upon earlier default or earlier expiration for any.
reason, Lessee shall remove each and every hazardous
substance, solid, or hazardous waste, or the like,
including storage containers for the same. The
covenants and warranties in this section shall survive
the termination of the lease.
(2) Policy - It is the policy of the Department of
Transportation that disadvantaged business enterprises
as defined in 49 CFR Part 23* shall have the maximum
opportunity to participate in the performance of leases
as defined in 49 CFR Section 23.5. Consequently, these
leases are subject to 49 CFR Part as applicable.
N
Lessee Obl:LcL tion - The recipient's lessees, hereby,
assure that no person shall be excluded from
participation in, denied the benefits of or otherwise
discriminated against in connection with the award and
performance of any contract, including leases, covered
by 49 CFR Part 23 on the grounds of race, color,
national origin or sex.
Sub-lease Clause - All lessees, hereby, assure that
they will include the above clauses in all sub-leases
and cause sub-lessees to similarly include clauses in
further sub-leases.
Includes firms owned and controlled by minorities and
firms owned and controlled by women.
If you have any questions, please don't hesitate to call.
Sincerely,
Gary q6bbins
Airport Manager
N
1#
22, 19-RS
Albert and Iva DeAtley
P. O= Box 10268
Yakimo. UP. �917-09
1
Mr. and Mrs. DeAtley:
Enc I o sed is a photocopy of the Conse*,-tt of the Yakima Air Termic)wt1
Board as Lessor, to the Assignment for Security Purposes of
le�:seho Id interests of certain property at the Yakima Air
Terminal which is occupied by Leasing Unlimited, Inc— The
or i g i r1a I consent is being sent with a copy of this ietter
direct].;' to U.S. 9ank and is being accomplished as -a c o u r t e SY, to
and your 5ublessee.
The Consent of Lessor i s; specif ical ly conditioned upon your
agreeme,--it to pay to the Yakima Air Terminal Board, to be retained
by the Board as a security deposit, the sun of �1A1774.58,
su.m shall be paid forthwith, This sum represents one-twSifth Of
the annual leasehold rent of $14,130.96, t%ohich deposit
will be supplemented by as needed, from tiroe to tit"Is in the
future as the annual rent increases, if at all. The inter` of
the parties is, and the deposit shall 4e utilized, if Z_; t all, as
payment against any default in payment -_rf rent, and may be'
transferred from the status of a. deposit to a. paypient agaij-js,, °-
past due rent concurrently with any notice or default in payment
of rent sent out by, the Air Tercainal Board as provided in the,-;,
lease between the parties, the o n 1 y Change in that lease bcing,,'
that there shall be 30 days written notice of the default ii-I
pa-voient of rent given to U.S, Bank rather than the - hurter- per, _i
�-equired under the terms of the lease—
A5 a specific precondition for reinstatement to the lease upon
any default in payment of rent, the deposit of one-twelfth the
zanl')ual t-e,-,t reserve mL,...L:-.t be restored -to the Ai r T e, rti- inal Sc:,ard�
such that at all times during the existence of the as:7.ignment- for
secLn- t r purposes in favor of U.S. Bank, or i�
I c,s .s�iJrr= or
S U c �__ e .�i S a 'S the deposit equal orie- twe I fth of I
the a rinu a I s 1 i m
q U i rad to b e p a Ji d a. =_ g o -,-) n d r.? n t i^ t h e A i r p Co- t
L: t -a I I p,�;r t th- ;I_ 5 letter
tc� the leasc- dat.-Ld Sep"u-ember
b E
I bc- r�eef.tsd to be a�-f
17 h, 11:., 3 7 .
- - - - - ---- - - - --
F. 7 7.7 -------------
YAT Boa -d
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�'
AIRPORT RENTAL AGREEMENT
THIS AGREEMENT, executed this _/7el-day of
1987, by and between the YAKIMA AIR TERMI1,1AL BOARD, an
agency of the City and County of Yakima, Washington (herein-
after "Board") , and ALBERT E. DeATLEY and IVA R. DeATLEY,
husband and wife (hereinafter "Lessees").-
WITNESSETH:
WHEREAS, the Board owns and operates the Yakima Air
Terminal and has approved ground space available for lease
as provided by this Agreement, and Lessees desire to occupy
and use such ground space in accordance with this Agreement:
NOW, THEREFORE, in consideration of the mutual promises
contained herein and the benefit to be derived by each
party, the parties agree as follows:
t
1.' PREMISES. The Board does hereby lease and--),et
unto Lessees, and Lessees do hereby hire and tak . rom the
Board, the ollowing described real prope situated in
Yakima County, State of Washington ( eaf ter "Premises"),
which is more fu ly described as lows:
(a) Lot as show n the attached plat map;
(b) Lot 2 s own on the attached plat map;
(c) A div* right of usage of Lot 3 as shown on
the attached pla map,
(d ) Lot 4 as sho n on the attached plat map,
together ith the right of ress to and egress from the
lease premises over and across common public access ways.
Les ees agree not to hinder aircr ft or vehicle access to
e airfield by other future or exist' g tenants.
2. TERM. The tenancy created by is Agreement shall
commence October 1, 1.987 and expire September 30,, 2027. All rental
payments shall be made monthly in advance. The first such payment shall be
due on or before October 1, 1987. Any rental payment past due shall accr3e
a delinquency fee of eighteen percent (18%) per annum.-
AIRPORT RENTAL AGREEMENT - 1
L
3. RENTAL.
3.1 Rental Rates.
Ja) Lot 1. The rental for Lot 1 shall,'be at
rate of $O':iO per square foot per year, or $5,,745.50 per
ti
year,, payable in advance in monthly installment�'of $478.79#
(b) The rental 0
,,f' r Lot 2 shall be a&
the rate f $0.06 per'square foot peryear, or $4,155.30 per
year, payab e in advance in monthly"installments of $346.28u,
(if required) an"v)CC
permanent occupancy f;
rental shall increxs�
$5,886.60 per year,," pa
ments of $490.56./
�hen Lot 2 is developed and
i�pancy permit is granted for the
the improvements thereon, the annual
to $0.085 per square foot, or
Viable in advance in monthly install-
Jr!,
the rate of $0,,,/04 per 'sq_�uar
year, payable /in advance in
I
The rental for Lot 4 shall be at
MZfoot per year, or $2,622.00 per
_hly installments of $218.51;
When 1. \Lot 4 is developed and
7;
(if required) an occupancy permit\,,Iis granted for the
perm rent occupancy of the improvements\ thereon, the annual
renal shall increase to $0.075 per\ % square foot, or
$/4/,.916.48 per year, payable in advance in\monthly install-
�ents of $409.71.
(d) Lot 3. Lot 3 actually �� c nsists of an
nsl
\all not be
easement and roadway area. The firmed rental s
subject to adjustment as hereinafter provided for the use of
AIRPORT RENTAL AGREEMENT -- 2
B
Lot 3. It shall be the 0bllQat-iffn of Lessees to pay for all
\ 4r
costs of repair and mai-iTfenamce of the said roadway �.
3.2 Reat.aate Adjustment_--T'K_e rental rates as
provided for above shall b nded every five (5) years to
L
reflect thelindustr' land -rent rate as set by the Yakima
r subject to t
Air Termina oard, subject to th requirements of RCW
14.08.120i-(5).
4. SPECIAL AGREEMENT WITH RESPECT TO LOT 5. As a
part of the additional rental in consideration for this
Rental Agreement, Lessees shall, when requested by the Board
with respect to Lot 5, move the existing fence, pave the lot
and provide drainage to allow for supplemental airport
4mabaj-, parking on said Lot 5, as shown on the attached plat
map. See addendum to this section at page 11.
5. SPECIAL OPTION TO TERMINATE. A special option to
terminate is granted to the Board to terminate this
Agreement with respect to Lots 2 and 4. This right of
termination may only be exercised by the Board if the
Lessees have not made building improvements on the lot or
lots, and at the time of the exercise, there is no valid
building permit outstanding authorizing the construction of
substantial building improvements on the said lot or lots.
In order to exercise this right, the Board shall give
to Lessees eighteen (18) months notice of its intent to
terminate. During that 18-month per.-Lod, Lessees shall have
the right to make a binding commitment to commence construc-
tion of improvements on the lot or lots which are the
subject matter of the notice. Upon the granting of the said
written commitment to construct said building improvements
on said lot or lots, said construction to be commenced
before the end of the expiration of the 18-month period, the
Board's right of termination shall self-terminate, and this
Agreement shall continue for the lot or lots which were the
subject matter of the notice.
AIRPORT RENTAL AGREEMENT -- 3
6. TAXES AND LIENS. In addition to the rental
reserved in section 3 of this Agreement, Lessees promise and
agree to pay, as the same become due and payable, all
license fees and taxes, including, but not limited to, the
leasehold excise tax (RCW 81.20A) required to be paid by
Lessees by reason of this Rental Agreement for Lessees'
construction or ownership of improvements to the leased,
premises. Lessees shall neither suffer nor permit the
attachment of any lien or other encumbrance on the leased
premises by reason of Lessees' occupancy thereof.
7. USE. Les!seeroimise and agree to use the leased
premises for an a anon oriented activity. The use of the
for an a
premises for ny other purpose shall be deemed a material
5
of" breach o his Agreement constituting grounds for its ter-
t opt.
minati at the option of the Board.
8. IMPROVEMENT. All buildings and other improvements
by Lessees to the leased premises shall conform to appli-
cable construction codes as well as all applicable laws,
regulations and directives of jurisdictional governmental
entities, and Lessees shall procure all building and other
permits therefor. All such improvements shall be designed
with a view toward aesthetic considerations and shall
include landscaping features; and work on any improvements
shall not commence until plans and specifications therefor
have been submitted to and approved by the Airport Manager.
Lessees accept the property on an "as is" basis. Lessees
agree to pay for any modifications necessary to the opera-
tion of the Lessees' business. The Board makes no guarantee
as to the suitability of the leased area for construction of
buildings, roads, ramps, etc. and is not responsible for the
costs of excavation and/or removal of any object found
either above or below ground level.
AIRPORT RENTAL AGREEMENT 4
9. MAINTENANCE OF LEASED AREA. Lessees shall be
responsible to maintain all leased areas and improvements,
existing and future, in an attractive and usable manner as
determined by the Airport manager. Maintenance shall
include, but not be limited to weed control, snow removal
and pavement maintenance.
10. AIRPORT SECURITY. Lessees shall construct and
maintain approved temporary fences and/or barriers during
construction to maintain the integrity of the Airport
Security Plan. Upon completion of the construction phase,
permanent security fences and gates shall be constructed as
approved by the Airport Manager.
11. REVERSION OF IMPROVEMENTS UPON TERMINATION. Upon
expiration or termination of the tenancy for any reason, all
structures and other improvements placed upon the leased
premises by the Lessees shall immediately revert to the
Board, except for trade fixtures used in the ordinary course
of business by Lessees or their subtenant, and affixed by
Lessees or the subtenant. Lessees shall, as additional
consideration for grant of the lease, insure that all liens
and encumbrances against said improvements and structures,
whether consensual or involuntary, shall be paid, discharged
or satisfied prior to time for reversion thereof to the
Board; and, in any event, the parties acknowledge that the
Board shall not by virtue of termination of the leasehold
interest nor reversion of the structures or other improve-
ments be liable for any debt or encumbrance associated
therewith.
12. SUBLETTING ASSIGNMENT. Lessees shall not assign
nor otherwise transfer this Rental Agreement nor sublet the
leased premises, or any part thereof, without first
obtaining written consent of the Board; and such consent may
be given or withheld at the discretion of the Board, but
such consent shall not be unreasonably withheld.
AIRPORT RENTAL AGREEMENT - 5
13. BOARD'S OPTION TO PURCHASE. Lessees shall notify
the Board in writing in the event Lessees intend to sell any
leasehold improvement(s) to a third party, which notice
shall contain a copy of a contract for such sale binding the
parties thereto except for the right of the Board to exer-
cise this option. For a period of sixty (60) days after its
receipt of such notice, the Board shall have the first right
and option to buy the improvement(s) on the same terms and
conditions as the intended sale.
14. INDEMNITY AND WAIVER. Lessees shall defend the
Board against, and indemnify and hold the Board harmless
from, every claim of any nature whatsoever made against the
Board based on or arising from the occupancy of the leased
premises by Lessees or from any act or omission of Lessees,
its employees, agents or any other person acting on behalf
of Lessees or under its direction. Lessees shall file with
the Board a certificate of insurance,, or other proof of
insurance acceptable to the Board, evidencing an insurance
policy with the Board, City of Yakima and County of Yakima
as additional insureds providing comprehensive liability
insurance coverage in amounts of not less than $250,000 for
one person and $500,000 for any one accident involving
injury to more than one person, with property damage insur-
ance in the minimum amount of $250,000 for any one accident
covering Lessees' occupancy of and activities pertaining to
the leased premises.
15. REGULATIONS. Lessees agree to comply with all
laws, ordinances, rules and regulations applicable to the
use and operation of Yakima Air Terminal property, facil-
ities and operations as those laws, ordinances, rules and
regulations now exist or may hereafter become effective so
as to apply to the occupancy and use by Lessees of the
leased premises and the conducting of Lessees' operations
thereon or therefrom.
16. MISCELLANEOUS PROVISIONS.
(a) The parties agree that the Board through its
Airport Manager, or other person authorized by either of
them, may enter upon the leased premises at any reasonable
time to make such inspections as the Board may deem expedi-
ent to the proper enforcement of any term, provision or
condition of this Rental Agreement; provided no such entry
and inspection by the Board is required by this Agreement,
and the failure by the Board to enter and make inspection
shall not alter the relationship of the parties and their
respective rights and duties provided by this Agreement,
The Lessees agree to provide the Airport Fire Station #4
with two (2) master keys to each of the Lessees' buildings
to be used by Airport Police or Fire personnel in case of
emergency during periods the building is unattended.
(b) The Board may further develop or improve
Yakima Air Terminal property and facilities as it deems
desirable, regardless of the desire or views of Lessees in
connection with any such development or improvement, and
without interference or hindrance on 'the part of Lessees and
without liability to Lessees.
(c) The Board reserves the right, but shall not
be obligated to Lessees, to maintain and keep in repair the
Landing area of the airport and all publicly owned facil-
ities of the airport, together with the right to direct and
control all activities of Lessees in that regard.
(d) The Board reserves the right to take any
action deemed necessary or desirable by the Board to protect
the aerial approaches of the airport against obstruction,
together with the right to prevent Lessees from erecting, or
permitting to be erected, any building or other structure on
the Yakima Air Terminal which, in the opinion of the Airport
Manager, would limit the usefulness of the Yakima Air
Terminal or constitute a hazard to aircraft.
AIRPORT RENTAL AGREEMENT - 7
(e) During the time of war or national emergency,
the Board shall have the right to lease the landing area or
any part thereof to the United States Government for mili-
tary use, and, if any such lease is executed, the provisions
of this Rental Agreement shall be suspended insofar as they
are inconsistent with the provisions of the lease agreement
with the United States Government.
(f) This Rental Agreement shall be subordinate to
the provisions of any existing or future agreement between
the Board and the United States of America relative to the
operation or maintenance of the Yakima Air Terminal, the
execution of which has been or may be required as a condi-
tion -precedent to the expenditure of federal funds for. the
development of the Yakima Air Terminal, and is further
subordinate to applicable rights of eminent domain.
17. TERMINATION AND FORFEITURE. The failure by Les-
sees to pay rental in the amounts and at the times specified
herein, or the failure by Lessees to otherwise comply with
any term, provision or condition of this Agreement shall
constitute grounds for termination of this Agreement and the
tenancy hereby created and for forfeiture of all rental paid
by Lessees to the time of termination. This Agreement and
tenancy shall terminate and rental paid shall be forfeited
for cause as specified above on written notice by the Board
to Lessees stating the amount of rental in default or other-'
wise comply with this Agreement in the manner specified in
the notice within thirty (30) days from Lessees' receipt of
such notice (except three (3) days' notice for default in,�
payment of rent), otherwise this Agreement and tenancy may,
at Board's option, be terminated and rental forfeited. Such
notice shall be given in writing and personally served on
Lessees in the manner provided by law for service of summons
and complaint, or mailed by certified mail with return
AIRPORT RENTAL AGREEMENT -- 8
r". " �
receipt requested, addressed to Lessees at their address
stated below Lessees' signature to this Agreement. Lessees'
obligation to pay the remainder of rents due hereunder shall
abate only to the extent rental income is received, from a
succeeding tenant, if at all.
18. NONDISCRIMINATION CLAUSE. In the event Lessees
engage in service to the public in its business conducted on
or from the leased premises, Lessees agree and promise to
furnish such services to the public on a fair, equal and not
unjustly discriminatory basis to all users thereof, and to
charge fair, reasonable and not unjustly discriminatory dis-
counts, rebates or other similar types of price reductions
to volume purchasers of Lessees' services. Lessees further
promise and agree that it will not, on the grounds of race,
color or national origin, discriminate or permit discrimina-
tion against any person or group of persons in any manner
prohibited by federal law and regulations. Lessees' breach
of any promise or agreement contained in this section shall
constitute grounds for the termination of this Agreement,
and in addition thereto, the Board shall have the right to
take such other remedial action as the United States
Government may direct.
19. INSOLVENCY. In the event Lessees are declared
bankrupt by a court of competent jurisdiction or in the
event Lessees make an assignment for the benefit of
creditors, or if a receiver otherwise is appointed for
Lessees, or in the event Lessees' leasehold estate is
subject to execution to satisfy any judgment against
Lessees, then in that event, the Board may immediately or at
any time thereafter, without notice or demand, enter into
and upon the premises, or any part thereof, and repossess
the same and expel Lessees or any person upon the premises
and remove their effects, and thereupon this Rental
AIRPORT RENTAL AGREEMENT - 9
Agreement shall terminate, but without prejudice to any
remedies which might otherwise be available to the Board for
collection of past due or future rent for any breach by
Lessees of any covenants contained in this Agreement.
20. VENUE., ATTORNEY'S FEES. In the event of litiga-
tion to enforce the rights and obligations hereunder, venue
shall lie in Yakima County Superior Court, and the prevail-
ing party shall be entitled to its reasonable attorney's
fees in addition to court costs.
21. INTEGRATION. This document embodies the entire
agreement of the parties with respect to the subject matter
herein contained. No amendments or modifications hereof
shall be enforceable unless in writing, signed by the party
to be charged. Time is of the essence of this entire Agree-
ment.
EXECUTED the day and year first above written.
LESSEES:
,Z7
Albert E. De�A. 1 y
2&tsi I a 'j'D. a-
Iva R. DeAtlq' ,
Address:
P. 0. Box 10268
Yakima, Tin. 98909
STATE OF WASHINGTON
ss.
County of Yakima
LESSOR:
YAKIMA AIR 'RNI'N
WilliaA F. Alton,
Don Heinen, Secretary
Address:
2300 W. Washing-ton Avenue
Yakima, Washington. 98903
(509) 575-6149
qfl�@
-I certify that I know or have satisfactory evidence
that William F. Almon and Don Heinen signed this instrument,
and on oath stated that they were authorized to execute this
instrument and acknowledged it as the Chairman and Secretary
AIRPORT RENTAL AGREEMENT - 10
of Yakima Air Terminal Board to be the free and voluntary
act of such party for the uses and purposes mentioned in the
instrument.
DATED this day Of
1987.
"--Notary Tubli c in. 'a*nd for the State
of Washington, residing at-'L Z
Commission expires,,,
STATE OF WASHINGTON
ss.
County of Yakima
I certify that I know or have satisfactory evidence
that ALBERT E. DeATLEY and IVA R. DeATLEY signed this
instrument and acknowledged it to be their free and volun-
tary act for the uses and purposes mentioned in the instru-
ment.
DATED this day f
P-510 FIX 1110—t- t
W�M
voz,ar eu ii-c -in and tor the ,State
f 11
'47
0 h ton, residing al
Col Fi sssion expires
ADDENDTH M SECTION 4. - SPECIAL AGREEMENT WITH RESPECT TO LOT 5.
The actual cost to Lessees of such development (which sha-11 be equivalent
to the cost thereof to Superior Asphalt or another entity controlled
by Lessees, and not retail cost) shall be reimbursed by the Board to L
Titre years following completion of the im-
Lessees over a period of J_ /.
provements, at no interest. Said reimbursement shall be in the foam of
equal monthly installments allowed as a deduction 1-fram, or credit
against, the monthly rental payments required here-Linder.
AIRPORT RENTAL AGREEMENT - 11
AVENUE
1-11
LOT
69. 255 SO. FT.
t
PAivam
4c
PAOVJM
Poeaso
K~
WFUC
LOT
57,455 SO. FT.
- LOT
3
12.411 SQ. FT.
LOT
4
65,553 SO, FT.
12�2�1
I 24TH I
AVENUEI
AMENDMENT #1 - LEASE AGREEMENT
ALBERT E. AND IVA R. DEATLEY
dba:82 COMPANY
cy S-5, ( 9 4 't
THIS AMENDMENT, executed this -�2 day of 2001,
between the YAKIMA AIR TERMINAL - McALLISTER FIELD, an agency of
the City of Yakima and County of Yakima, Washington, hereinafter
referred to as "LESSOR," and ALBERT E. AND IVA R. DEA,1jjEY dba 82
COMPANY, a married couple, hereinafter referred to as "LESSEE":
W I T N E S E T H:
WHEREAS, LESSOR operates the Yakima Air Terminal. - McAllister
Field, under the authority granted by the Joint Operations
Agreement signed by the City and County of Yakima, July 1, 1982,
hereinafter referred to as "Airport," and
WHEREAS, the Yakima Air Terminal - McAllister Field, as LESSOR and
Albert E. and Iva R. Deatley dba 82 Company, LESSEE, entered into
a Lease effective October 1, 1987, and
WHEREAS, LESSOR has determined it to be in the best interests of
the Airport to modify the following Sections of this Lease:
2. TERM
NOW THEREFORE, in consideration ref f the mutual promises contained
herein and the benefit to be derived by each party, the parties
I -
agree that Section 2 is amended as follows:
2. TERM:
The tenancy created by this Agreement shall commence October 1,
1987 and expire September 30, 2042. All rental payments shall be
made monthly in advance. The first such payment shall be due on or
before October 1, 1987. Any rental payment past due shall accrue
FILENAME: LEASE/DEATLEY01#1
0
a delinquency fee of twelve percent (12%) per annum.
Except as expressly amended by this document, all provisions, terms
and conditions of the aforementioned Lease agreement effective
October 1, 1987 between these parties shall remain in full force
and effect.
This amendment shall become effective February 1, 2001.
Time is of the essence of this entire Lease.
FILENAME: LEASE/DEATLEY01#1
YAKIMA AIR TERMINAL - McALLISTER FIELD
2400 W. Washington Avenue
Yakima, Washington 98903
Phone 509-575-6149
Fax 509-575-6185
Fred J. Irao
V
Chairman
. Secretary
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Gregory P.
Berndt and Fred J. Iraola signed this instrument, on oath stated
that they were authorized to execute the instrument and
acknowledged it as the Chairman and the Secretary respectively of
the Board of the Yakima Air Terminal - McAllister Field to be the
free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
I
Notaiv "Pub 'l-ic
Appointment Expxaxe)� -- /0- 10 Z-
FILENAME: LZASE/DRATLEY01#1
�,\OT A/? fit c*
P 1C
10,
WAS
N
L4;M8z*4
Albert E. and Iva R. Deatley
dba: 82 Company
PO Box 10268
Yakima, WA 98909
N"
STATE OF K7kSHINGTON
County of Yakima
ra ='�
I certify that I know or have satisfactory evidence that Albert E.
Deatley signed this instrument and acknowledged it to be his free
and voluntary act for the uses and purposes mentioned in the
instrument.
Date - /0
�
By:
Notary ublic
Appointment Expires
STATE OF WASHINGTON
County of Yakima
STATE OF WASHINGTON 1
JOHN F. 13ENSON
NOTARY PUBLIC
COMMISSION EXPIRES
JUNE 11 200-A
I certify that I know or have satisfactory evidence that Iva R.
Deatley signedthis instrument and acknowledged it to be her free
and voluntary act for the uses and purposes mentioned in the
instrument,
Date: STATE OF WASHINGTON
Z JON
JOHN F. BENSON
I
By: 140
Notary Public NOTARY PUBLIC
'. P
COMMISSION EXPIRES
Appointment Expires JUM13 1,
JUNE 1, 2003
FILENAME: LEASE/DEATLEY01#1
4
AMENDMENT #2 - LEASE AGREEMENT
JANET DEATLEY LEDUC
THIS AMENDMENT, executed this V � day of t om, 2002, between the YAKIMA
AIR TERMINAL - McALLISTER FIELD, an agency of the City of Yakima and County of
Yakima, Washington, hereinafter referred to as "LESSOR," and JANET DEATLEY LEDUC,
hereinafter referred to as "LESSEE":
W I T N E S E T H:
WHEREAS, LESSOR operates the Yakima Air Terminal - McAllister Field, under the
authority granted by the Joint Operations Agreement signed by the City and County of
Yakima, July 1, 1982, hereinafter referred to as "Airport," and
WHEREAS, the Yakima Air Terminal - McAllister Field, as LESSOR and Janet Deatly
Leduc, LESSEE, entered into a Lease effective October 1, 1987, amended February 1,
2001 which lease was assigned to LeDuc from Albert and Iva Deatley July 1, 2001 and
WHEREAS, LESSOR has determined it to be in the best interests of the Airport to modify
the following Sections of this Lease:
ljt--1;aj 41811100 n rR 7 MIS
.91114MOV.- 0 9
1. PREMISES: amtii a/ 4r�
LESSOR does hereby lea and let unto LESSEE, and LESSEE does hereby
"' does hereby lea
lease and take from L OR, approximately 52,385 square feet of real property
f S '
at 2520 W Washin on Ave in the City of Yakima, Yakima County, Washington,
I
(hereinafter "P ises"), as depicted on the drawing marked Exhibit "A-1,"
attached h to and by this reference made a part hereof, together with the right
of ingre to and egress from the [eased premises and the public use
FILENAME: LEASE/LEDUCO2#2
area s/facif ities used in connection therewith, over designated Airport property
and roadways, subject to rules and regulations governing the use of the Airport
and as the same may be promulgated by LESSOR from time to time.
Premises Legal Description:
That portion of the northwest quarter of Section 35, Township 13 North, Rangg
• East, described as follows:
Commencing at the southeast corner of said northwest quarter;
Thence south 891,45'12" west along the south line thereof 475.64 feet;
Thence north 00003'19" west 30.00 feet to the point of beginning;
Thence south 89045'12" west parallel with the south line of said northwest
quarter 195.0 feet;
Thence north 00003'19" west 268.65 feet;
Thence north 89045'12" east 195.00 feet,
Thence south 00003'19" east 268.65 feet to the point of beginning,
Together with an easement for ingress and egress purposes said easement
being a strip of land 40.00 feet in width and lying 20.00 feet on each side of the
following described centerline;
Commencing at the southeast comer of said northwest quarter;
Thence south 89045'12" west along the south line thereof 458.64 feet;
Thence north 00 °03'19" west 30.00 feet to the point of beginning of said
centerline;
Thence north 00003'19" west 369.95 feet to the point of curvature of a curve to
the right having a radius of 90.00 feet;
Thence northeasterly along said curve consuming a central angle of 45011'00"
an arc length of 80.97 feet;
Thence north 45 °07'41" east 11.45 feet to the southerly right of way of West
Washington Avenue and the terminus of said centerline.
Situate in the Count of Yakima, State of Washington.
3. RENT: Y<< cc o-) tJ 1� d9 - ?-V -07
A. LESSEE promises and agrees to pay rent to LESSOR at e rate of $ 698-47
per month for the leased premises, made in advance or before the 10th day
of each month. Payments shall be made to e Yakima Air Terminal -
I f
McAllister Field in care of the Airport Mana s office. Any rental payment
FILENAME: LEASE/LEDUCO2#2
2
past due shall accrue a delinquency charge of twelve percent (12%) per
annum.
B. The lease rental rate as provided for above shall be subject to review and
modification on every five year anniversary of this Lease and shall be set at the
then current Commercial Rate.
This amendment shall become effective October 1, 2002.
Time is of the essence of this entire Lease,
FILENAME: LEASE/LEDUCO2#2
3
YAKIMA AIR TERMINAL - MCALLISTER FIELD
2400 W. Washington Avenue
Yakima, Waghington 98903
Phone 5,C6-575-6149
Fax 509ffi-6185
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that-6Mer�.-Bemdt and Fred J. I raola
signed this instrument, on qath stated that they were authorized to execute the instrument
%�n and the Secretary respectively of the Board of the
and acknowledged it as thgtPair
Yakima Air Terminal - McAllister Field to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
Date
By'
Notary Pub4ic
Appointment Expikes /0 - (D Z--
FILENAME: LEASE/LEDUCO2#2
4
Janet Deatley Leduc
PO Cox 10268
Yakima, WA • 8909
ME
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Janet Deatley Leduc signed this
instrument and acknowledged it to be her free and voluntary act for the uses and purposes
mentioned in the instrument.
Date:
By: (a STATE OF WASHINGTON
Notary Publi JOHN F. BENSON
Appointment Expires 61 o ? NOTARY PUBLIC
COMMISSION EXPIRES
JUNE 1, 2003
FILENAME: LEASEILEDUCO2#2
AMENDMENT #3 - LEASE AGREEMENT
JANET DEATLEY LEDUC
THIS AMENDMENT, executed this r4 -- day of August, 2007, between the YAKIMA
AIR TERMINAL - McALLISTER FIELD, an agency of the City of Yakima and County of
Yakima, Washington, hereinafter referred to as "LESSOR," and JANET DEATLEY
LEDUC, hereinafter referred to as "LESSEE ":
WITNESETH:
WHEREAS, LESSOR operates the Yakima Air Terminal - McAllister Field, under the
authority granted by the Joint Operations Agreement signed by the City and County of
Yakima, July 1, 1982, hereinafter referred to as "Airport," and
WHEREAS, the Yakima Air Terminal - McAllister Field, as LESSOR, and Albert and Iva
DeAtley, as LESSEE, entered into a Lease effective October 1, 1987, and amended
February 1, 2001, which lease was assigned to Janet DeAtley Leduc from Albert and Iva
DeAtley on July 1, 2001, and
WHEREAS, LESSOR has determined it to be in the best interests of the Airport to modify
the following Sections of this Lease:
1. PREMISES
2. RENT
7. USE
NOW, THEREFORE, in consideration of the mutual promises contained herein and the
benefit to be derived by each party, the parties agree that Sections 1, 3 and 7 are
amended as follows:
1. PREMISES:
LESSOR does hereby lease and let unto LESSEE, and LESSEE does hereby
lease and take from LESSOR, approximately 31,888 square feet of real property
at 2520 W. Washington Avenue in the City of Yakima, Yakima County,
Washington (hereinafter "Premises "), as depicted on the drawing marked Exhibit
"A" attached hereto and by this reference made a part hereof, together with the
right of ingress to and egress from the leased premises and the public use
FILENAME: LEASEILEDUCO2 #3
areas/facilities used in connection therewith, over designated Airport property
and roadways, subject to rules and regulations governing the use of the Airport
and as the same may be promulgated by LESSOR from time to time. More
specifically, as a result of eliminating LESSEE's parking rights on Parcel C and
the north 20 feet of Parcel B, Parcel D has been added to the leased premises to
be used by LESSEE for parking.
1 RENT:; Mq 10-1-ta- /
A. LESSEE promises and agrees to pay rent to LESSOR at the rate of $ 4?5-,-17
per month for the leased premises, made in advance on or before the 10th day
of each month. Payments shall be made to the Yakima Air Terminal -
McAllister Field in care of the Airport Manager's office. Any rental payment past
due shall accrue a delinquency charge of twelve percent (12%) per annum.
B. The lease rental rate as provided for above shall be subject to review and
modification on every five year anniversary of this Lease and shall be set at the
then current Commercial Rate.
A. LESSEE agrees to dedicate and allow to have marked the south 20 feet of the
north parking area for a fire lane on Parcel B.
B. LESSEE agrees to allow a 20-foot electronic gate to be installed at the
northwest corner of the existing building for security and limited access to taxi
lane.
C. LESSOR to mitigate an area of 20'x 184' on the east edge of the access lane
for 18 parking spaces, this mitigation being in the form of adding Parcel D to the
leased premises. LESSEE agrees to pave and maintain the parking area
(Parcel D) in a good state of repair and maintenance, ordinary wear and tear
excepted.
D. LESSOR and LESSEE agree that the taxi-lane (Parcel C) will be a private
common use of the tenants (of Parcels A and B) and the tenants shall share
equally, one-half each, in all asphalt maintenance (including crackseal and snow
removal). It is understood that there are now an electrical transformer and light
standards on Parcel C. If these items or fixtures are required to be modified or
removed for the purpose of using the taxi-lane, tenant shall have no
responsibility for such removal or modification and either LESSOR, or its other
FILENAME: LEASE/LEDUCO2#3
tenants, shall be responsible for such modifications and;/or removal of
improvements.
CONSENT TO LEASE. LESSOR does hereby consent to the Commercial Sublease made
by LESSEE with Granite Northwest, Inc., a Washington corporation, as subtenant, dated
May 29, 2007, and also to LESSOR leasing temporary office space for SUPR Co., a
Washington corporation.
This amendment shall become effective August 1, 2007.
Time is of the essence of this entire Lease.
LESSOR:
YAKIMA AIR TERMINAL - McALLISTER FIELD
2400 W. Washington Avenue
Yakima, Washington 98903
(509) 575-6149 - phone
(509) 575-6185 - fax
By:
William Wheeler, Chairman
By: E nd
Vice-Chairman
f or,,7q—r RO 1 /-001<'
STATE OF WASHINGTON
) ss.
County of Yakima
,AtliIIIIIIlt�jt
J 0
T
to Vy Comm
U13LIC
0
I certify that I know or have satisfactory evidence that William Wheeler and Jim
Adams signed this instrument, on oath stated that they were authorized to execute the
Instrument and acknowledged it as the Chairman and the 2nd Vice-Chairman, respectively,
of the Board of the Yakima Air Terminal - McAllister Field, to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
FILENAME: LEASE/LEDUCO2#3
3
LESSEE:
Janet DeAtley Leduc
P.O. Box 10147
Yakima, WA 98909
Phone: 206-285-0514
2M 1491�
JA LEDUC
STATE OF WASHINGTON
County of Yakima
ss.
DATE
I certify that I know or have satisfactory evidence that Janet DeAtley Leduc signed
this instrument and acknowledged it to be her free and voluntary act for the uses and
purposes mentioned in the instrument.
"x'
V A
FILENAME. LEASE/LEDUCO2#3
I A10411-W901
STOKES LAWRENCE
VELIKANJE, MOORE & SHORE
Attention: Dustin E. Yeager
120 N. Naches Avenue
Yakima, Washington 98901-2757
.;� 7 dllVIIIVIIIVIIIlilulllllIIII�IIIIi111III!
FILE# 7822594
YAKIMA COUNTY, WA
1013112013 03:10:27PM
AGREENEKT
PAGES: 9
FIDELITY TITLE CONPANY
Recording fee: 80.00
AGREEMENT re ASSIGNMENT OF LEASES AND CONSENT
Reference No(s). of related documents:
Grantor(s): (1) CITY OF YAKIMA
(2) LEDUC, JANET DEATLEY
(3) D.A. ARTHUR, INCORPORATED
Grautee(s): (1) CITY OF YAKIMA
(2) LEDUC, JANET DEATLEY
(3) D.A. ARTHUR, INCORPORATED
Assessor's Tax Parcel ID No(s).: 181335-24900;181335-24033
Sri NW 11q Lag T1
CD*kNR "QA M C1W07;F
EFFECTIVE DATE: 3t--; --50 2013
PARTIES: JANET DEATLEY LEDUC,
an individual
(referred to in this Agreement as "LeDue)
D.A. ARTHUR, INCORPORATED,
a Washington corporation
(referred to in this Agreement as "D.A. -4rthye')
CITY OF YAKIMA,
a municipality
(referred to in this Agreement as the
AGREEMENT. FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND ADEQUACY HEREBY
ACKNOWLEDGED, THE UNDERSIGNED PARTIES AGREE AS FOLLOWS:
I Definitions.
1.1 Subject PSA. The term "Subject PSA," when used in this Agreement, means and refers to the
Purchase and Sale Agreement dated September 20, 2013, by and between LeDuc and D.A. Arthur
for LeDuc's sale, assignment, and transfer of the Airport Lease, MedAssets Lease, ArgenTech
Lease, and the Subject Building to D.A. Arthur.
Error! Reference source not fuund.\ 1215839,docx I
1.2 Airport Lease. The term "Akport Leas " when used in this Agreement, means and refers to the
Airport Rental Agreement dated September 17, 1987, by and between the Yakima Air Terminal
Board (as lessor)' and Albert E. DeAtley and Iva R. DeAtley (as lesseeS)2 and each amendment
thereto, to wit; Amendment #1 dated February 22, 2001, Amendment #2 dated September 26,
2002, Amendment #3 dated August 23, 2007, and Addendum to Amendment #3 of Airport Lease
Agreement dated October 22, 2013.
1.3 MedAssets Lease. The term `MedAssets Lease," when used in this Agreement, means and refers
to the Sublease Agreement dated June 30, 2010, Commencement Date Agreement dated
September 17, 2010, Consent to Sublease dated the _ day of _, 2012, 2012 Sublease
Amendment dated May 9, 2012, Resolution No. YAT-R-2012-019 adopted by the Airport Board
May 21, 2012, and 2012 Sublease Second Amendment dated September 14, 2012.
1.4 ArgenTech Lease. The term "Ar,&_en&ch Lease," when used in this Agreement, means and refers
to the Sublease Agreement dated August 14, 2012, Addendum to Sublease Agreement dated
August 15, 2012, Consent to Sublease dated August 27, 2012 and 2012 Sublease Amendment
dated September 17, 2012.
1.5 Subject Building. The term "Subject Building," when used in this Agreement, means and refers to
all of LeDue's transferable right, title, and interest in and to the structures and other improvements
placed upon the Yakima County, Washington, real estate leased under the Airport Lease by LeDuc
(and LeDuc's predecessors-in-interest under the Airport Lease), including, without limitation, the
approximate 10,109 square foot building now situated on said real estates.
Assignment and Assumption. Simultaneously with their execution of this Agreement, LeDuc and D.A.
Arthur will also execute the Bill of Sale and Assignment of Leases attached as Exhibit A (the
"Assip_nmen ). LeDuc and D.A. Arthur will cause a copy of this Agreement and the Assignment to be
delivered to the City after they are fully executed and D.A. Arthur's purchase of the Subject Building has
closed.
3. Consent and Release. Pursuant to Section 12 of the Airport Lease and subject to LeDuc and D.A. Arthur
executing this Agreement and the Assignment, the City hereby (a) consents to the assignment of all of
LeDuc's right, title, interest and obligations in and under the Airport Lease, MedAssets Lease, and
ArgenTech Lease to D.A. Arthur and (b) releases LeDuc from all obligations owed under the Airport Lease
and in connection with the MedAssets Lease and ArgenTech Lease.
4, Waiver,. Subject to LeDuc and D.A. Arthur executing this Agreement and the Assignment, the City hereby
consents to LeDuc's sale of the Subject Building to D.A. Arthur under the terms of the Subject PSA and
waives the City's right under Section 13 of the Airport Lease to purchase the Subject Building as a result of
said contemplated transaction.
5. Confirmation of Term. The undersigned parties acknowledge and confirm that the tenancy created and
existing under the Airport Lease, as set forth in Section2 of Amendment #1 of the Airport Lease, expires on
Septmber 30, 2042.
6. General Terms.
6.1 Exhibits. There are no attachments to this Agreement except for the exhibit(s) expressly
referenced in this Agreement, each of which constitutes a part of this Agreement as if set forth in
full herein.
1 The City is the successor-in-interest to all of the Yakima Air Terminal Board's right title, and interest in and under
the Airport Lease.
2 LeDuc is the successor-in-interest to all of Albert E. DeAtley and Iva R. DeAtley's right, title, and interest in and
under the Airport Lease.
'The Subject Building is located on Yakima County Assessor Parcel No. 181335-24900,
Error! Reference source not found. \ 1215839.docx 2
I
6.2 Amendment. This Agreement may be amended only by the written agreement of each of the
parties to this Agreement.
6.3 Binding Effect. All of the provisions of this Agreement will inure to the benefit of and be binding
on the successors and assigns of the parties to this Agreement.
6.4 Entire Agreement. This Agreement constitutes the entire understanding and agreement of the
parties to this Agreement with respect to its subject matter. All prior agreements, understandings,
or representations with respect to this Agreement's subject matter are hereby canceled in their
entirety and are of no further force or effect. It is expressly acknowledged that there are no oral or
other agreements which modify or affect this Agreement.
EXECUTED effective as of the Effective Date first stated above.
D.A. ARTHEP
., INCORPORATED
B-A
Daniel A. Day,
1_
A
JANE'OtATLEY LEDUC, inddually
Errorl Reference source not found. \ 1215839.docx 3
LO "d
STATE OF WASHINGTON
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that DANIEL A. DAY is the person who appeared
before me and said person acknowledged that said person is authorized to execute the instrument, and acknowledged
as President for D.A. ARTHUR, INCORPORATED it to be the free and voluntary act of such party for the uses
and purposes mentioned in this instrument.
Given under my band and official seal this �ar20
'51
ArArr. of
STATE OF WASHINGTON
k., -If, ) ss.
COUNTY OF YLAKU"
N 0" the state of Washington, residing
f
0 �U
Lt
My expir�es
On this day personally appeared before me JANET DEATLEY LEDUC, to me known to be the
individual described in and who executed the within and foregoing instrument, and acknowledged that the person
signed the same as the person's free and voluntary act and deed, for the uses and purposes therein mentioned.
Given under my band and official seal this 30 day of 0A1-,<' 20__Ll .
[PRIWE]
F1
M" is 2014
P 010jisoco.
NOTARY PUBLIC for the state of Washington, residing
at z, tt e-am-A-.Z
My appomiment expires: 0.,.- IS. Z0,16
Error! Reference source not found, \ 1215839.docx 4
STATE OF WASHINGTON
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that TONY OIROLTRKE is the person who appeared
before me and said person acknowledged that said person is authorized to execute the instruments and acknowledged
as the City Manager for the CITY OF YAKLVIA it to be the free and voluntary act of such party for the uses and
purposes mentioned in this instrument.
Given under my hand and official seal thisaf day of 201: 2�-
P
'` [PRINT NAa'VLEJ
PuBlic
Error! Reference source not found. \ 1215839.docx
NOT' P LIC for thq of Washington, residing
at lux
My a intment expires:
I so 1 1.13 y
EFFECTIVE DATE: 2013
PARTIES: D.A. ARTHUR, INCORPORATED,
a Washington corporation
220 W. Yakima Avenue
Yakima, Washington 98902
(referred to in this Bill of Sale as "By
yql)
JANET DEATLEY LEDUC,
an individual
1602 Bigelow Avenue N.
Seattle, Washington 98109
(referred to in this Bill of Sale as "Seller ")
SUBJECT PSA. The term "SubLect PSA," when used in this Bill of Sale, means and refers to the Purchase and Sale
Agreement dated September 20, 2013, by and between Buyer and Seller for the sale, assignment, and transfer of the
below-described Airport Lease, MedAssets Lease, ArgenTech Lease, and the Subject Building.
AIRPORT LEASE. The term "khrpwrt,L " when used in this Bill of Sale, means and refers to the Airport
Rental Agreement dated September 17, 1987, Amendment #1 dated February 22, 2001, Amendment #2 dated
September 26, 2002, and Amendment #3 dated August 23, 2007, attached as Exhibit A to the Subject PSA, and
Addendum to Amendment #3 of Airport Lease Agreement, dated October 22, 2013.
MEDASSETS LEASE. The term "MedAssets Lease," when used in this Bill of Sale, means and refers to the
Sublease Agreement dated June 30, 2010, Commencement Date Agreement dated September 17, 2010, Consent to
Sublease dated the _ day of 2012, 2012 Sublease Amendment dated May 9, 2012, Resolution No. YAT-R-
2012-019 adopted by the Airport Board May 21, 2012, and 2012 Sublease Second Amendment dated September 14,
2012, attached as Exhibit B to the Subject PSA.
ARGENTECH LEASE. The term "Arg_enTech Lease," when used in this Bill of Sale, means and refers to the
Sublease Agreement dated August 14, 2012, Addendum to Sublease Agreement dated August 15, 2012, Consent to
Sublease dated August 27, 2012 and 2012 Sublease Amendment dated September 17, 2012, attached as Exhibit C to
the Subject PSA,
SUBJECT BUILDING. The term "Sub
iegg Building," when used in this Bill of Sale, means and refers to all of
Seller's transferable right, title, and interest in and to the structures and other improvements placed upon the Yakima
County, Washington, real estate leased under the Airport Lease by Seller (and Seller's predecessor(s)-in-interest
under the Airport Lease), including, without limitation, the approximate 10,109 square foot building now situated on
said real estate4.
ASSIGNMENT AND TRANSFER. For and in consideration of Ten and No1100 Dollars ($10.00) and other good
and valuable consideration, the receipt and adequacy being acknowledged, Seller hereby assigns, transfers, and
delivers to Buyer and Buyer hereby assumes and receives from Seller the Subject Building and all of Seller's right,
title, interest, and obligations in and under the Airport Lease, MedAssets Lease, and ArgenTech Lease in accordance
with and subject to the following terms and conditions and those terms and conditions set forth in the Subject PSA:
4 The Subject Building is located on Yakima County Assessor Parcel No. 181335-24900. However, Buyer
acknowledges that not all of Parcel No. 181335-24900 is leased under the Airport Lease.
Error! Reference source not found. \ 1215839.docx 6
IM,
0
(a) The Airport Lease, MedAssets Lease, ArgenTech Lease, and Subject Building are assigned and
transferred by Seller to Buyer "AS IS" and WITHOUT ANY WARRANTY OF QUALITY,
WARRANTY OF MERCHANTABILITY, OR WARRANTY OF FITNESS FOR ANY
PURPOSE; and
(b) Seller represents and warrants that (a) Seller is the lawful owner of the Subject Building, and (b) the
Subject Building is free of all claims and encumbrances; provided, however, Buyer and Seller
acknowledge that the Subject Building is located on real property owned by a third party that is now
leased under the Airport Lease and subject to the terms of the Airport Lease, MedAssets Lease, and
ArgenTech Lease.
EXECUTED as of the Effective Date first written above.
Error! Reference source not found. \ 1215839.doex
11 '111110, to 4
f IWIVII-I .11
Le al Description "Parcel R"
That portion of the Northwest Quarter of Section 35, Township 13 North Range 18 East W.M. described as
follows:
Commencing at the Southeast comer of said Northwest Quarter;
Thence South 8945'12" West along the south line thereof 475.64 feet,
Thence North 00'03'19" West 30.00 feet to the Point of Beginning;
Thence South 8945'12" West 106.10 feet,
Thence North 00'03'19" West 265.86 feet;
Thence North 89 °45' 12" East 106.10 feet,
Thence South 00'03'19" East 265.86 feet to the Point of Beginning.
Situate in Yakima County, Washington and containing 28,208 Square Feet.
Legal Description "Parcel D"
That portion of the Northwest Quarter of Section 35, Township 13 North, Range, 18 :East, W.M. described as
follows:
Commencing at the Southeast comer of said Northwest Quarter;
Thence South 89045'12" West along the south line thereof 438.64 feet;
Thence North 00103'19" West 40.00 feet to the Point of Beginning;
Thence North 89045'12" East 20.00 feet;
Thence North 00'03'19" West 184.00 feet;
Thence South 8945'12" West 20.00 feet;
Thence South 00'03'19" East 184.00 feet to the Point of Beginning.
Situate in Yakima County, Washington and containing 3,680 Square Feet.
53069-0011 1215647.dorx 4
will 111111111111111111111111111111111111111111111111
* 7 8 2 2 5 9 3 4 *
RETURN TO:
STOKES LAWRENCE
VELIKANJE, MOORE & SHORE
Attention: Dustin E. Yeager
120 1x1. Naches Avenue
Yakima, Washington 98901-2757
(TINVITM
WAR1011141 -1jay-IT-30 00
74T" NDJZJI�
FILE# 7822593
YAKIMA CUNTY, WA
10/31/2013 03:10:26PH
AGREEMENT
PAGES: 4
FIDELITY TITLE COMPANY
Recording Fee: 75.00
1 Reference No(s). of related documents:
Grantor(s): (1) CITY OF YAKIMA
(2) LEDUC, JANET DEATLEY
Grantee(s): (1) CITY OF YAKIMA
(2) LEDUC, JANET DEATLEY
Abbreviated Legal Description: Ptn. NWI/4 S35 T13N R18 EWM. Complete legal description is on Exhibit
A of this document.
Assessor's Tax Parcel ID No(s).: 181335-24900; 181335-24033
EFFECTIVE DATE: October 22, 2013
PARTIES: JANET DEATLEY LEDUC,
an individual
(referred to in this Addendum as "LeDue)
CITY OF YAKIMA,
a municipality
(referred to in this Addendum as the 112M�11)
AIRPORT LEASE. The term when used in this Addendum, means and refers to the
Airport Rental Agreement dated September 17, 1987, by and between the Yakima Air Terminal Board (as
lessor) and Albert E. DeAtley and Iva R. DeAtley (as lessees)2 and each amendment thereto, to wit.
Amendment #1 dated February 22, 2001, Amendment #2 dated September 26, 2002, and Amendment #3
dated August 23, 2007.
The City is the successor-in-interest to all of the Yakima Air TernMnal Board's right, title, and interest in
and under the Airport Lease,
2 LeDac is the successor-in-interest to all of Albert E. DeAtley and Iva R. DeAtley's right, title, and interest
in and under the Airport Lease,
53069-W11 1215647.docx 1
BACKGROUND. In Amendment #3 of the Airport Lease, LeDuc and the City's predecessor-in-interest
under the Airport Lease, among other things, amended and restated the real estate that was leased by LeDuc
under the Airport Lease, which is described therein as "Parcel B' and "Parcel D" and generally depicted on
Exhibit A of said Amendment #3. This Addendum is now entered into for the purpose of legally describing
the location of said "Parcel B" and "Parcel D."
ADDENDUM. FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND ADEQUACY HEREBY
ACKNOWLEDGED, THE UNDERSIGNED PARTIES AGREE AS FOLLOWS:
1. Effect of Addendum. This Addendum amends, supplements, and is made part of Amendment #3
of the Airport Lease. In the event of a conflict between the provisions of this Addendum and
Amendment #3 of the Airport Lease, the provisions of this Addendum will control. Nevertheless,
except as expressly amended or supplemented by this Addendum, the provisions of the Airport
Lease, and specifically Amendment #3 of the Airport Lease, remain in full force and effect.
2. Legal Description of Parcel B and Parcel D. The "Premises" described in Section I of
Amendment #3 of the Airport Lease consists of "Parcel B" and "Parcel D" as described therein and
depicted on Exhibit A thereof. Moreover, the locations of "Parcel B" and "Parcel D" are legally
described as set forth on attached Exhibit I of this Addendum.
3. General Terms.
3.1 Exhibits. There are no attachments to this Addendum except for the exhibit(s) expressly
referenced in this Addendum, each of which constitutes a part of this Addendum as if set
forth in full herein.
3.2 Amendment. This Addendum may be amended only by the written agreement of each of
the parties to this Addendum.
3.3 Winding Effect All of the provisions of this Addendum will inure to the benefit of and be
binding on the successors and assigns of the parties to this Addendum.
3.4 Entire Agreement, This Addendum constitutes the entire understanding and agreement of
the parties to this Addendum with respect to its subject matter. All prior agreements,
understandings, or representations with respect to this Addendum's subject matter are
hereby canceled in their entirety and are of no finther force or effect It is expressly
acknowledged that there are no oral or other agreements which modify or affect this
Addendum.
EXECUTED effective as of the Effective Date first stated above.
CITY OF YAKIMA
rA/1 IM111
Tony OI&F,ke, City Manager JANET PEATLEY LEDUC, individually
53069-001% 1215647.doex
STATE OF WASHINGTON
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that TONY 01ROURICE is the person who
appeared before me and said person acknowledged that said person is authorized to execute the instrument,
and acknowledged as the City Manager for the CITY OF YAKD1A it to be the free and voluntary act of
such party for the uses and purposes mentioned in this instrument.
A34
Given under my hand and official sea] thisCrN-- � day of Oe--+ 20ff>
C-Q-1
gn IN/1,
[PRINTNAME]
I `,t4OTARY
P(Wj h�r:= NOTARY n,
Li state of W hingto
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residing at
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My appointment expires-
STATE OF WASHINGTON
COUNTY OF
On this day personally appeared before me JANET DEATLEY LEDUC, to me known to be the
individual described in and who executed the within and foregoing instrument, and acknowledged that the
person signed the same as the person's free and voluntary act and deed, for the uses and purposes therein
mentioned.
Given under my hand and official seal this 36 day of-QA;.6;r<- -, 20 t3
Z0
JP R[1� AMEN % 0TA4
MW 16 2016 NOTARY PUBLIC for the state of Washington,
residing at kl-N
My appointment —expires: IS, 246
53069-0011 1215647-doex
[ON 14,11 0.1
LeZal Description "Parcel B"
That portion of the Northwest Quarter of Section 35, Township 13 North, Range 18 East, W.M. described as
follows:
Commencing at the Southeast comer of said Northwest Quarter;
Thence South 89045'12" West along the south line thereof 475.64 feet;
Thence North 00003'l 9" West 30.00 feet to the Point of Beginning;
Thence South 8945'12" West 106.10 feet;
Thence North 00'03'19" West 265.86 feet;
Thence North 89045'12" East 106.10 feet;
Thence South 00'03'19" East 265.86 feet to the Point of Beginning.
Situate in Yaldma County, Washington and containing 28,208 Square Feet.
Leizal Description "Parcel D"
That portion of the Northwest Quarter of Section 35, Township 13 North, Range 18 East W.M. described as
follows:
Commencing at the Southeast comer of said Northwest Quarter;
Thence South 89'45'12" West along the south line thereof 438.64 feet;
Thence North 00'03'19" West 40.00 feet to the Point of Beginning;
Thence North 89'45'12" East 20.00 feet;
Thence North 00'03'19" West 184.00 feet;
Thence South 89'45'12" West 20,00 feet;
Thence South 00'03'19" East 184.00 feet to the Point of Beginning.
Situate in Yaldma County, Washington and containing 3,680 Square Feet.
53064-0011 1215647,docx