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HomeMy WebLinkAboutEugene O'Dell - O'Dell Enterprises - T Hangar LeaseLEASE AGREEMENT, THIS AGREEMENT, executed this day of 199r, between .the YAKIMA AIR TERMINAL BOARD, an agency of the City of Yakima and County of Yakima, Washington, hereinafter referred to as "LESSOR," and Eugene O'Dell, dba O'Dell Enterprises hereinafter referred to,as "LESSEE": WITNESETH: WHEREAS, LESSOR owns approved property available for lease as provided by this Agreement, and LESSEE desires to occupy and use such property 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: 1 PREMISES: LESSOR does hereby lease and let unto LESSEE, and LESSEE does hereby hire and take from LESSOR, certain property in the City of Yakima, Yakima County, Washington, as that property is depicted on the drawing marked Exhibit 'A", Section "2", attached hereto and by this reference made a part hereof, together with the right of ingress to and egress from the [eased premises over and across common public access ways. The above described premises together with lessee of Section "I" are subject to:, 1 an easement for ingress and egress identified as EASEMENT on Exhibit "A", and 2, an easement for the Yakima Air Terminal and its agents, invitees or contractors, across the premises. 2. TERM, The tenancy created by this Agreement shall commence on May.1, 1905 and terminate on April 30, 1996. This lease agreement shall automatically renew annually, through April 30, 2000, unless written notice is received by either party of intent to terminate the Agreement prior to January 31 of each year. 3. RENTAL: A. LESSEE promises and agrees to pay rental to LESSOR at the rate of ",2&:-2-7 pezr�Ah for the leased premises, made in advance on or before the 1 Oth day of the each month. Payments shall be made to the Yakima Air.Terminal in care ofthe Airport Manager's-r 1—tO office. Any rental payment past due shall accrue a delinquency charge of eighteen percent (18%) per annum. B. The monthly rent shall be recalculated by LESSOR on the annual anniversary of this, Agreement, The Second Half of the Year United. States Bureau of Labor Statistics Consumer Price Index for all Urban Consumers (Seattle-Everett Area) shall be used to calculate the increase of monthly rent, . At the time of renewal, rent shall be increased, the same amount as the Consumer Price Index may have increased compared to the Consumer Price Index from the date of the previous increase.. . The rent shall not be decreased in the event of a decrease in the Consumer Price Index. YAKIMA AIR TERMINAL 2400 West Washington Ave. - Yakima, Washington 98903 (509) 575-6149 (509) 575-61 e5 Fax 0000050 4. SECURITY DEPOSIT: Before occupying or using the leased premises, LESSEE shall deposit with LESSOR the amount of one month's rent plus leasehold tax as a guarantee of LESSEE's performance of this Agreement and the timely payment of the rental provided for herein; and in the event LESSEE shall fail to pay the rental as provided herein,. or. otherwise breach this Agreement, then the Airport Manager may apply such deposit, or any part thereof as may be necessary to the payment of rental or to the payment of damages .for such breach, 5. TAXES AND LIENS: In addition to the rental reserved in Section 3 of this Agreement, LESSEE promises and, agrees to pay, as the same become due and payable, all license's; fees and taxes, including but not limited to the leasehold excise (R.C.W. 81.29 A), required to be paid by LESSEE by reason of this Lease and by reason of LESSEE's use and occupancy of the leased premises and by reason of LESSEE's construction or ownership of improvements to the leased premises. LESSEE shall neither suffer nor permit the attachment of any lien or other encumbrance on the leased premises byreason of LESSEE's occupancy thereof. LESSEE agrees to indemnify LESSOR and shall hold. LESSOR harmless from any such taxes and liens. 6. USE: LESSEE promises and agrees to use the leased premises solely for operations acceptable to LESSOR. Such use shall include aircraft storage. The ..use of the property for purposes not expressly approved by LESSOR shall be deemed a material breach of this Agreement constituting grounds for its termination. 7. UTILITIESIJANITORIAL SERVICES: LESSEE shall pay for electrical power Jas determined from the area's electrical meter) and shall be responsible for any other utility services, including but not limited to, natural gas, water, sewer, and garbage service. LESSEE shall be invoiced monthly for the prior month's electrical usage and such amounts shall be dud and payable immediately. LESSEE shall furnish all janitorial services at LESSEE's expense. 8. YAKIMA AIR FAIR: LESSEE acknowledges that it may be necessary to curtail some operations during the c exercise of the Yakima Air Fair License, LESSEE understands that LESSEE's business may be interrupted during these dates and will not deem this interruption as a breach of contract by LESSOR. 9. STRUCTURAL CONDITION: LESSEE has made a full inspection of the property, is fully aware of its condition, accepts the property on "AS-IS" basis and agrees to pay for any necessary building repairs and/or modifications necessary to the operation of LESSEE's business, A. Special Notice: In addition to the above, LESSOR gives specific notice of the following conditions: a. LESSEE understands availability of electricity is limited and there is not an immediate water supply. Richardson T4iorvgors 2 YAKIMA AIR TIERMINAL 2400 West Washington Ave, Yakima, Washington 9B903 (509) 575-6140 (509) 575-6185 Pax 0000051 10. : LESSEE agrees to keep and maintain the premises inat least an good a condition omthe condition of the premises at the beginning of LESSEE'o occupancy, normal wear and tear excepted. LESSEE agrees toduall redecorating, alterations, upkeep, repair and replacement of the leased premises and facilities therein at LESSEE'a own expense} subject, however, to the Airport Manager's written approval as to any redecoration $r alteration, which approval shall not be unreasonably withheld. 11. : � All trade fixtures and improvements by LESSEE to the leased property ` shal|conform to the applicable construction codes , and LESSEE shall procure all building and other permits therefore. All such trade fixtures and |nnpnaveMnenty,ahoUbe designed with a view toward aesthetic considerations and installation shall not commence until plans and specifications therefore have been submitted to,and approved by the Airport Manager in writing, which approval shall not be unreasonably withheld, LESSEE further agrees that LESSEE will maintain in good operating condition all trade fixtures and improvements during its occupancy of the premises under this Agreement. At. the termination of the Laasg' for any cause, the improvements, shaU, at no cost, become the property of the Yakima Air Terminal, except LESSEE shall, prior to the expiration of this Agreement, remove any trade fixtures and shall repair, to the satisfaction of the Airport Manager, any, damage 1othe premises caused by removal of the trade fixtures. LESSEE agrees td comply. with all |ovvs, ordinances, rules, regulations and policies applicable to the use and operation of Yakima Air Terminal property, faoO��o and gpa/a�onaas those |avvs,'ordinances, ru|e�rggu| | andpo|k�esnovv exist ormay hereafter become effective soosto apply to the occupancy and use by LESSEE ofthe leased propertyand the conduct of LESSEE's operations thereon or therefrom.. 13. ' LESSEE shall not assign this Agreement or sublease any part uf the Promises without the prior written approval of LESSOR, such approval not to be tin reasonably withheld. All assignments and subleases shall conform with all applicable |axvs, ordinances, rules, regulations and policies which now exist or may hereafter become effective so as to apply to the occopanoy end use of the leased premises and the conduct of business thereon urtherefrom. A consent toassignment or sub-leasing by LESSOR shall not ba construed nobe a consent to any subsequent assignment or sub-lease. Any income derived from sub-leasing shall be distributed to LESSOR in accordance with its policy on SUB-LEASING INCOME in effect on the effective date of this agreement. Should. LESSEE exercise any renewal option, income derived from sub-leasing in the renewal term shall he distributed to LESSOR in accordance with its policy on SUB-LEASING INCOME in effect at the time ofrenewal. LESSEE hereby assumes a0 affirmative duty at the time of renewal to inquire as to what policy on sub-!easing income is in effect at that time, All sub-leases will comply with all laws, ordinances, ruleg,regu|a|ionoand policies applicable to the Use and operation of Yakima Air Terminal propert V, Jac|1ities and operations mn those laws, ordinances, rules, regulations and po|icigs now exist or may hereafter become effective aoestmapply to the occupancy and use by any.SUB- LESSEE of the leased property and the conduct of SUB-LESSEE'soperatons thereon or therefrom. � 3 YAK|MA AIR TERMINAL ' 24OO West VVashhl�onAve. ~ Yakima, Washington B8BO3 ^ (509157 5-6149 15K09) 575-6105Fax ��fli�M��x�� �w�xu`��x� � 14` SIGNS: No signs or other advertising matter ordevices shall be used urdisplayed in or about the leased prennisoso« upon any portion pf the Yakima Air Terminal without the prior written approval of the Airport Manager. 15. MISCELLANEOUS PROVISIONS: ` A. The parties agree that LESSOR through its /Urport Manager, Vr other person authorized by either party, may enter upon the leased property at any reasonable time to make such inspections, as LESSOR may deem expedient to the proper enforcement of any term, provision or condition of this Agreement, provided, no such entry and inspection by LESSOR ia required bythis Agreement, and the failure of LESSOR 10 enter and make inspection shall not alter the relationship Vf the parties and their respective rights and duties provided by this Agreement. � B. LESSOR may, within it discretion, further develop or improve Yahknn /\h Terminal property and facilities, regardless of the desire or views ofLESSEE regarding ' any such development orimprovement, and without interference or hindrance on the part of LESSEE and without liability to LESSEE. C. LESSOR reserves the right, but shall not bm obligated to LESSEE, to maintain and keep in repair the landing area of the Airport and all publicly owned facilities of the Airport, together with the right to direct and control all activities mf LESSEE in that regard. D. LESSOR reserves the eight to take any action deemed necessary or desiraNe by LESSOR to protect the aerial approaches of the Airport against obntrucdon,together with the right to prevent LESSEE 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 theYohima Air Terminal or constitute a hazard to aircraft, E. During the time of war or national emergency, LESSOR shall have the right to lease 1he landing area or any part thereof to the United States Government foe military use, and, if any such lease is executed, the provisions mf this Agreement shall be suspended insofar aa they are inconsistent with theprovsionobf the Lease Agreement vviththc United States Government. ' F. This Agreement shall bg subordinate t8 the provisions nf any existing or future ' Agreement between LESSOR and United States nf America relative to the operation or maintenance of the �Yakima /4irTernmina|,the axecudonofvvbichhas been orom be required as a condition precedent to the expenditure of federal funds for the development of the Yakima Air Terminal, and io further subordinate to applicable rights of eminent domain, 16. INDEMNITY/DUTY TO DEFEND/ ` A. At no expense to LESSOR, LESSEE shall defend against and indemnify and save harmless the Yakima Air Terminal Board, the Yakima Air Terminal, the City of Yakima and Yakima County and their elected and appointed officials, employees and agents, ' from any and all claims, actions, judgements or decrees, made against the Yakima Air Terminal Board orthe Yakima Air Terminal or the City ofYakima or Yakima County or their elected and appointed officials, employees and including all expenses incidental toAhe investigation and defense thereof, including reasonable attorney fees, based on or arising from the occupancy or use of the leased Richardson T-14angars F51 YAK3MA AIR TERMINAL � 2400 West Washington Ave ^ Yakima, Washington 98903 ^ [508)575-6149 ~ (509) 57 . 1B5 Fax � ���� OJ} 'm^�°~- ^� u � premises by LESSEE or from iany act or omission nf LESSEE, its employees, ag ents or any other person acting on behalf of LESSEE or under its direction, whether such claim shall be by LESSEE ure third party; provided, hovvever, that LESSEE shall not be |!mb}e for any injury, darnage or loss occasioned solely bythe sole neQl|gonoaof LESSOR, its agents oremployees. LESSOR shall give to LESSEE prompt and reasonable notice bf any such claims ormot|ona and LESSEE shall have the right toinvestigate, compromise and defend the same to the extent of its interest. LESSEE shall f||o with LESSOR a certificate of insurance, orother proof ofinsurance acceptable to LESSOR, evidencing an insurance policy with the Yakima Air Terminal Board, City of Yakima and County nf Yakima as additional named insureds providing comprehensive liability insurance coverage in amounts of not less than $1,DOO,QOD Combined Single Limit for personal injury and property damage covering LESSEE's occupancy of and activities /a/ ainin0 To the leased promises, /f LESSEE stmre'aainrmo{t.|n the hangar(m)'then an.addidpna! certificate of insurance shall be supp|iedforHangarKeepena Liability insurance in:an' amount acceptable byLESSOR. Not less than 30 days vvdt nnoiioe must be suppU/d to LESSOR in the event ofcancellation, material change to the policy ornon-renewal of any or all policies. CnmL/fiooto shall be issued by oarher(o)vvith a minimum A.M. BEST rating ofA-VU which are admitted |nt he State of Washington and acceptable to� LESSOR. B. LESSEE agrees to reimburse LESSOR for any damage to the premises caused by the occupancy of LESSEE or employees of LESSEE, in the performance of theirduties. C. LESSEE shall keep and hold the Yakima Air Terminal Board; the Yakima Air Terminal, the City of Yakima and County. of Yakima, their elected and appointed officials, agents � and employees, free and harmless from any and all claims and actions, loss, damage, ' expense or cost, including reasonable attorneys fees, incidental to the investigation and defense thereof, resulting from, arising out of, or 'caused by'ony UabUby under the. Federal Comprehensive Environmental Response Cnnmpmos at|on Liability Act of 1980, as amended, 42 U.G.C. 9661 et seq.; Hazardous Materials Transportation Act, 48 U.S.C. 1801 otseq,; Resource Conservation and Recovery Act, 42 U.S.C. 6801 at seq.; the Clean Water Act, 42 U.S.C. 1251 et seq.; the Washington Environmental Policy Act, RCVVCh. 43.21C;the Washington Water. Pollution Control Act, ACVy C h. 90.48.010 et seq.; the Washington Hazardous VVnsfe Management A ct RCVV Ch. 70.105; the Washington Model Toxic Comtr0|ACt, RCW, Ch. 70.105D\ and the ` regulations promulgated thereunder, or under any applicable local or state ` environmental ordinance, statute hav4 ru/eor/egnlation. D. LESSOR will hold LESSEE harmless from every claim of any nature, resulting from the toxic chemical contamination of the property as further described by State of . Washington Department of Ecology Agreed Order No, DE31TC-C4U. 17, DEFAULT: A. It is agreed that the full and prompt performance of the terms and conditions of th is Agreement isof the essence, and shall LESSEE beh?default of any mf the aonmaand such default has continued for thirty (30) days after written notice (except ` three (3) deYm notice for default |n payment or rent) by LESSOR setting forth the particular default claimed, this Agreement shall at the option of LESSOR, be forfeited and in such event it is expressly uQn*ed that LESSOR may enforce such forfeiture pursuant to the � unlawful detainer statutes of the State of Washington, and, LESSEE hereby waives all defenses as to the non-applicability of such statutes. It is further agreed that after � service of notices as above set forth, an additional condition to avoid forfeiture shall m=hamsovT-xanoar, 5 YAKIWA AIR TERMINAL 2400 West Washington Ave. Yakima, Washington 98903 ^ (509)575-6149 ° (509) 575-61e5 Fax 0000054- be payment by LESSEE of LESSOR's costs and expenses, including attorney's fees, for the preparation and service of such notice. Nothing contained, herein shall release ov diminish LESSEE's obligation to pay rent for the full term of this Agreement save such amount as LESSOR recovers as rent from any subsecluent LESSEE during the term of this Agreement, B. As additional and not alternative remedy, optional with LESSOR, should LESSEE be in ' default hereunder other than default in the payment of rent, LESSOR may cure or correct the same and the cost of such action by LESSOR shall immediately become due and payable from LESSEE, together with late fees on said sum ata rate of eighteen percent (18%) per annum, and the non-payment of said sum by LESSEE shall be adequate grounds for LESSOR to invoke the other remedies aa id�d i this �rpv n m paragraph. � 18. TERMINATION AND : A. The failure by LESSEE to pay rental |n the amounts and ot the times specified herein, ' ov the failure by LESSEE to otherwise comply with any term, provision this Agreement, shall constitute grounds for termination of this AgneemnantAnd.the , tenancy hereby created and fbrfnburo of all rental paid by LESSEE to the time of termination. This Agreement and tenancy mhmUJonninate. and rental paid shall be forfeited for cause ea specified above on written notice by LESSOR to LESSEE stating � the amount ofrental in default or otherwise stating the manner in which, LESSEE fails . or has failed to comply with this Agreement. LESSEE shall make full payment or otherwise oonnp|v with this Agreement in the manner specified in the notice within thirty (3O) days from LESSEE'm receipt of such notice (except three (3) days notice for default in payment mfnemU,nthenwisathisAgroernentandtenoncysbaUbetannimated ` and rental forfeited. Such oodna nhe|( be given in writing and personally served on LESSEE in the manner provided by law for service of summons and complaint, or ' mailed by certified mail with mdwmn receipt requested addressed to LESSEE at its address stated above LESSEE'a signature to this Agreement. LEGSFE's obligation 'to pay the remainder of rents due hereunder shall abate only to th e extent rental income is received from a succeeding tenant, if at all. B. Upon termination of this Agreement, LESSEE shall peaceably and quietly vacate / parts ofthe premises occupied by LESSEE and shall restore the premises to LESSOR iu the same condition an when originally occupied, normal wear and tear excepted. If LESSEE fails ta remove its property andeffectm upon the termination of this /\gnaement for any cause, LESSOR shall have the right toromoxe'and store all ofs aid property and effects atthe expense of LESSEE. ' ' 19. INSOLVENCY: |n the event LESSEE iS declared bankrupt competent jurisdiction cxinthe ' event LESSEE makes an assignment for the benefit of creditors, or if a receiver otherwise is appointed for LESSEE, or in the event LESSE2's leasehold estate is subjected ho execution to satisfy any judgement against LESSEE, then in that event LESSOR may immediately ^rat any time thereafter without notice or demand enter into and upon the property or any part thereof and repossess the same and expel LESSEE or any pan*qn upon the property and remove their effects, and thereupon this Agreement and the tenancy hereby created shall absolutely terminate, but without prejudice to any remedies which might otherwise be available to LESSOR for collection. nf past due orfutura rent for any breach by LESSEE mf any covenants contained inthis . M YAK|MA/\|R TERMINAL ' 2400 West Washington Ave. ^ Yakima, Washington 9BBO3^ (5]B)575-G14B,(5OB) 575-B1B5Fax �����Q�»� up��v�~~° 20. VENUE, ATTORNEY FEES: In the event of litigation to enforce the rights and obligations hereunder, venue shall fie in Yakima County Superior Court, and the prevailing party shall be entitled to its reasonable attorney fees in addition to court costs. 21. NON - DISCRIMINATION CLAUSE: In the event LESSEE engages in service to the public in its business conducted on or from the leased premises, LESSEE agrees and promises to furnish such services to the public on a fair, equal and not unjustly discriminatory basis to 611 users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit of service, provided, that LESSEE may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers of LESSEE's services. LESSEE further promises and agrees that it will not, on the grounds of race, color or national origin, discriminate or permit discrimination against any person or group of persons in any manner prohibited by federal law and regulations. LESSEE's breach of any promise or agreement contained in this Section shall constitute grounds for the termination of thisAgreement, and in addition thereto, LESSOR shall have the right to take such other remedial action as the United States Government may direct. 22. CIVIL RIGHTS PROVISION: LESSEE assures that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participatingJn any activity conducted with or benefiting from Federal assistance. This Provision obligates LESSEE or its transferee for the period during which Federal assistance is extended to the airport program, except where Federalassistance is to provide, or is inthe form of personal property or real property or interest therein or structures or improvements thereon. In these cases, the provision obligates the party or any transferee for. the longer of the following periods: A. the period during which the property is used by the sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or B. the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, .this .Provision binds the contractors from bid solicitation period through the completion of the contract. 23. DEPARTMENT OF TRANSPORTATION TITLE VI ASSURANCES: LESSEE for himself, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that: A. no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, B. that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, fthardson 7- Hangars F9 YAKIMA AIR TERMINAL 2400 West Washington Ave. - Yakima, Washington 9B9O3 - (509) 575-6149 - (5091575-6 e5 Fax C. that LESSEE shall use the premises in compliance with all other requirements imposed by or pursuant to 40 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulation may be amended. 24. 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. FUchardson T-Hangars 8 YAKIMA AIR TERMINAL 2400 West Washington Ave. Yakima, Washington 98903 s (509) 575-6149 s (509) 575-6185 Fax 0000057 Time is of the essence of this entire Agreement YAKIMA AIR TERMINAL BOARD 2400 W. Washington Avenue Yakima, Washington 98903 50a-575-6149 j,. Chairman STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that Dennis Byarn and Helga B. Braman 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 Yakima Air Terminal Board to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date 7 J� By: Notary Pub� Appointment Expires /1P - d '79 LESSEE: Eugene O'Dell, dba O'Dell Enterprises ADDRESS: 2106 West Washin ton Avenue #4 Yakima, Washington 98903 TELEPHONE: 509-453-2685 SIGNATURE: Title: V DATE: Richardson T-Hangars 9 YAKIMA AIR TERMINAL 2400 West Washington Ave. Yakima, Washington 98903 A (509) 575 -6149 (509) 575-6195 Fax TIM 4p AMENDMENT #1 - LEASE AGREEMENT EUGENE O'DELL THANGARS I THIS AMENDMENT, executed this �:7- �4'� day of 2000, between the YAKIMA AIR TERMINAL - McALLJSTER FIELD, an agent" f the City of Yakima and County of Yakima, Washington, hereinafter referred to as "LESSOR," and EUGENE O'DELL, a single man, 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 Eugene O'dell,, as LESSEE, entered into a Lease effective May 1, 1995, 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 3. RENT NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to be derived by each party, the parties agree that Sections 2 and 3 are amended as follows: 2. TERM: Effective May 1, 2000 the Lease will continue on a month-to-month basis until terminated by either party, unless otherwise terminated as provided for herein. 3. RENT: J-- I,k '140;tso j--1 -11 /08'0*Xj LESSEE promises and agrees to pay rent to LESSOR at the rate of $ 8'04 .04 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 Rename: Lease\0de11\0de1T95#1 YAKIMA AIR TERMINAL - McALLISTER FIEL 2400 W. Washington Avenue Yakima, Washington 98903 (509) 575-6149 - phone (509) 575-6185 - fax I STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that Gregory P. Berndt and Fred 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, By: J0 ary Pu ary Pu lic Appointment Exp� U Rename: Lease\0de1A0de1T95#1 LESSEE: Eugene O'dell 2106 W Washington Ave, #4 Yakima, Washington 98903 (509) 453-2•85 Hangar (509) 697-1770 Pager 12 z Eugene 0' -vcll 7 STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that Eugene Odell signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. Date: By: Notary t5u@lic Appointment Expires R /Zo /0( Rename: Lease\0de1110de[T95#1