HomeMy WebLinkAboutF M P Enterprises LLC - Carpair LLC - Building LeaseF M P ENTERPRISES, L. L. C.
THIS LEASE, executed this �29 2i, day of 1999, 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 F M P ENTERPRISES, L.L.C., a
Washington limited liability company, hereinafter referred to as "LESSEE":
WI TN E SETH:
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, LESSOR has approved property available for lease as provided by this Lease,
and LESSEE desires to occupy and use such property in accordance with this Lease,
NOW THEREFORE, in consideration of the mutual promises contained herein and the
benefit to be derived by each party, the parties agree as follows:
LESSOR does hereby lease and let unto LESSEE, and LESSEE does hereby lease
and take from LESSOR, approximately 6,000 sq ft of land in the City of Yakima,
Yakima County, Washington, as that property is 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
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. The LESSOR may,
at any time hereafter, provide a legal description of the premises and such
description shall become a part of this Lease.
4IIIIIIIIIIIII11t
The tenancy created by this Lease shall commence on November 1, 1999 and
terminate on October 31, 2039, unless otherwise terminated as provided for herein.
Filename: Lease\FMP#1(P1ath)99 2
LESSEE shall have the option to extend the term by one ten (10) year period (to wit,
October 31, 2049); provided that LESSEE delivers to LESSOR not less than ninety
(90) days before the expiration of the original term written notification of its intent to
extend the term.
K! 6 0 0 V ilei t ffq-1TVT4
LESSEE and its assigns shall have, and are hereby given, the right to mortgage the
leasehold created by this Lease for an amount not to exceed the possessory
interest of the LESSEE and for any term not exceeding beyond the lease term, or
any renewal thereof. LESSOR shall be given written notice thereof of any such
mortgage, including the mortgagee's address and loan number, LESSOR shall have
no right to terminate this Lease or retake possession of the premises or expel
LESSEE unless thirty (30) days' advance written notice of such default is given by
the LESSOR to LESSEE and LESSEE's mortgagee at the last address provided in
writing by LESSEE to LESSOR. The mortgagee is hereby given the power and
authority, at its option, to cure all such events of default, which may be cured by
action of the LESSEE, and in the name, place, and stead of the LESSEE. In the
event a mortgage on the leasehold is foreclosed, the purchaser at the foreclosure
sale may assign, sell, or otherwise dispose of the leasehold interest, subject to
approval by LESSOR of any such assignment and sale and subject to approval by
LESSOR of the assignee or purchaser; such approval shall not be unreasonably
withheld. The assignment or sale of this Lease shall not relieve the assignee or
purchaser of any obligation under this Lease nor relieve it from any terms of this
Lease, nor from any obligation to meet Airport rules, regulations and standards.
4. RENT:
W-C.0
A. LESSEE promises and agrees to pay rent to LESSOR at the rate of $6010-0 per
month for the leased premises, made in advance on or before the 10th day of
March each year. 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 two year anniversary of this Lease and shall be set at the then
current Aviation Rate.
C. In the event the parties are unable to agree upon the fair market rental rate for
the succeeding periods, upon written notice of either party to the other, but no later
Filename: Lease\FMP#1(P1ath)99 2
the succeeding periods, upon written notice of either party to the other, but no later
than thirty (30) days prior to the expiration of the then current rental period, the
matter of establishment of fair market rental shall be referred to arbitration. Within
thirty (30) days of such notice, each party shall select one arbitrator. The two
arbitrators shall jointly select a third arbitrator who shall be a real estate broker with
at least five () years experience in sales or leases of commercial property in the
Yakima Valley. The decision of a majority of the arbitrators as to the fair market
rental value for the property shall be made within forty -five (45) days of said written
notice and shall be binding. Each of the parties shall bear the cost of its designated
arbitrator. The parties shall share equally the expense of the third arbitrator. The
arbitration decision shall be binding upon both parties and shall be enforceable in
accordance with the laws of the State of Washington. The arbitrator's decision shall
relate back to the beginning of the new rental period.
PINEEPT420-11N
Upon execution of this lease by both parties, LESSEE shall deposit with LESSOR
the amount of one month's rent plus leasehold tax as a guarantee of LESSEE's
performance of this Lease 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 Lease, 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 or pursue any other remedies provided herein. This
deposit shall be adjusted from time to time to reflect adjustments in the rent and/or
leasehold tax.
i ;'V,
In addition to the rent payable above, LESSEE promises and agrees to pay, as the
same become due and payable, all licenses, fees and taxes, including but not
limited to the leasehold excise, 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 by reason of LESSEE's occupancy
thereof. LESSEE agrees to indemnify LESSOR and shall hold LESSOR harmless
from any such taxes and liens.
7. USE:
Filename: Lease\FMP #1(P1ath)99 3
LESSEE agrees to use the leased premises only for an aeronautical oriented
activity or for any other use allowed by the Master Plan and the zoning of the
property by the appropriate jurisdiction as approved by the LESSOR. The use of
the property for any other purpose shall be deemed a material breach of this Lease
constituting grounds for its termination. This provision shall apply to any
assignment of this Lease, whether voluntary or due to mortgage foreclosure or for
any other reason. Failure of the assignee to comply with this Section shall be
reasonable cause for LESSOR to withhold approval or consent to assignment.
LESSEE shall be responsible for all utility services including, but not limited to,
power, natural gas, water, sewer, and garbage.
9. PREMISES CONDITION:
LESSEE has made a full inspection of the premises, is fully aware of its condition
except with respect to environmental conditions and accepts the premises on an
"AS-IS" basis. LESSEE agrees to pay for any improvements, repairs and/or
modifications necessary to the operation of LESSEE's business.
10. MAINTENANCE:
LESSEE agrees to keep and maintain the premises in at least as good a condition
as the condition of the premises at the beginning of LESSEE's occupancy, normal
wear and tear excepted. LESSEE further agrees that LESSEE shall be responsible
to maintain all leased areas, buildings, trade fixtures and other improvements,
existing and future, in an attractive and usable manner as determined by the Airport
Manager and consistent with other properties at the Airport. Maintenance shall
include, but not be limited to weed control, garbage and debris removal, painting,
snow removal and pavement maintenance.
11. SIGNS:
LESSEE, at LESSEE's own expense, may erect sign(s) of a type, number and
location suitable to LESSOR. No signs or other advertising matter or devices shall
be used or displayed in or about the leased premises or upon any portion of the
Airport without the prior written approval of the Airport Manager, which approval
shall not be unreasonably withheld. I
Filename: Lease\FMP#1(P1ath)99 4
All buildings, trade fixtures and other improvements to the leased property by
LESSEE shall conform to applicable rules, regulations and codes, and LESSEE
shall procure all building and other permits therefore. All buildings trade fixtures and
other improvements shall be designed with a view toward aesthetic considerations
and installation shall not commence until plans and specifications therefore have
been submitted to and approved in writing by the Airport Manager, which approval
shall not be unreasonably withheld. Approval of LESSEE's improvements shall be
deemed granted twenty (20) days after submission in writing to the Airport Manager
if no response has been received by LESSEE. LESSOR makes no representation
or 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 except for hazardous
materials and archaeological artifacts existing prior to tenancy.
In the event this Lease is terminated due to default by LESSEE or upon expiration
of this Lease, or any extension of this Lease Agreement as provided in Section 2
hereof, LESSOR may, at its option, either accept ownership of the improvements
constructed or installed on the Premises, except for trade fixtures, or require
LESSEE to remove such improvements within one hundred twenty (120) days of
such cancellation or expiration. LESSOR shall notify LESSEE of its intent within
sixty (60) days of the cancellation or expiration.
Prior to the expiration of this Lease, LESSEE shall remove all such trade fixtures
and repair any damage to the premises caused by removal of trade fixtures to the
reasonable satisfaction of the Airport Manager. Fixtures not removed within thirty
(30) days after termination become the property of the LESSOR unless other
arrangements have been previously approved in writing by the Airport Manager.
LESSEE shall, as additional consideration for grant of this Lease, insure that all
liens, security interest and other encumbrances against said improvements and
structures except those created or suffered by LESSOR, whether consensual or
involuntary, shall be paid, discharged or satisfied prior to time for reversion thereof
to LESSOR; and, in any event, the parties acknowledge that LESSOR shall not by
virtue of termination of the leasehold interest nor reversion of the structures or other
improvements be liable for any debt or encumbrance associated therewith.
Filename: Lease\FMP#1(P1ath)99
14. LESSOR'S OPTION TO PURCHASE:
LESSEE shall notify LESSOR in writing in the event LESSEE intends to sell any
leasehold improvement(s) to a third party. The notice shall contain a copy of the
contract for such sale binding the parties thereto, except for the right of LESSOR
to exercise this option, discounted by the LESSOR'S reversionary interest in the
premises. For a period of forty-five (45) days after its receipt of such notice,
LESSOR shall have the first right and option to buy the improvement(s) on the same
terms and conditions as the intended sale minus the LESSOR'S reversionary
interest.
15. REGULATIONS:
LESSEE agrees to comply with all applicable laws, ordinances, rules, regulations
and policies of all governmental authorities having jurisdiction over the Airport,
including policies adopted by LESSOR, as such laws, ordinances, rules, regulations
and policies apply to the use and operation of Airport property, facilities and
operations as those laws, ordinances, rules, regulations and policies now exist or
may hereafter become effective.
LESSEE shall not sublet any part of the premises without the prior written approval
of LESSOR, such approval not to be unreasonably withheld, 'provided no such
approval shall be required with respect to subleases to affiliated entities of the
LESSEE, provided use does not change. Subleases shall give preference to
aeronautical activities and shall comply with all laws, ordinances, rules, regulations
and policies applicable to the use and operation of Airport property, facilities and
operations as those laws, ordinances, rules, regulations and policies now exist or
may hereafter become effective. A consent to sub-lease by LESSOR shall not be
construed to be a consent to any subsequent sub-lease. The LESSOR, in
determining whether or not to approve a sub-lease, shall consider the extent of the
aeronautical activities performed on the premises.
LESSEE agrees that all sublease agreements with non-aviation oriented tenants will
contain a provision that said agreements would be canceled upon 120 days prior
written notice, should an aviation oriented subtenant be secured.
According to the policy on SUB-LEASING INCOME in effect at the time of this
Lease, there is no requirement to share sub-lease income because this Lease is for
Filename: Lease\FMP#1(P1ath)99 6
R $* MI
Should LESSEE exercise a renewal option, income derived from sub-leasing in the
renewal term shall be distributed to LESSOR in accordance with its policy on SUB-
LEASING INCOME in effect at the time of renewal. LESSEE hereby assumes an
affirmative duty to inquire at the time of renewal to comply with the SUB-LEASING
INCOME policy in effect at that time.
17. ASSIGNMENT:
LESSEE shall not assign this Lease without the prior written approval of LESSOR,
such approval not to be unreasonably withheld. Such assignment shall be in
conformance with all applicable Airport Board, local, state and federal laws,
ordinances, rules, regulations and policies. LESSEE shall give preference to
aeronautical activities and all assignees shall comply with all laws, ordinances,
rules, regulations and policies applicable to the use and operation of Airport
property, facilities and operations as those laws, ordinances, rules, regulations and
policies now exist or may hereafter become effective. A consent to assignment by
LESSOR shall not be construed to be a consent to any subsequent assignment.
18. MISCELLANEOUS PROVISIONS:
A. The parties agree that LESSOR, through its Airport Manager or other person
authorized by the Airport Manager, may enter upon the leased premises at any
reasonable time to make such inspections as LESSOR may deem necessary to the
proper enforcement of any term, provision or condition of this Lease. No such entry
or inspection by LESSOR is required by this provision, and the failure of LESSOR
to enter and make inspection shall not alter the relationship of the parties and their
respective rights and duties provided by this Lease. LESSEE shall be granted the
right of quiet enjoyment upon performance of all terms of this Lease.
B. LESSOR may further develop or improve Airport property and facilities,
regardless of the desire or views of LESSEE regarding any such development or
improvement, and without interference or hindrance on the part of LESSEE and
without liability to LESSEE, provided the operations of the LESSEE are not
unreasonably interrupted.
C. LESSOR reserves the right, but shall not be 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 of LESSEE in
Filename: Lease\FMP#1(P1ath)99
ME]=
D. LESSOR reserves the right to take any action necessary or desirable by
LESSOR to protect the operations of the Airport against obstruction, or any other
activity interfering with the efficient operation of the Airport, together with the right
to prevent LESSEE from erecting, or permitting to be erected, any building or other
structure on the Airport which, in the opinion of the Airport Manager, would limit the
usefulness of the Airport or constitute a hazard to aircraft.
Lessee shall limit the building area to that portion of the property which is north of
the building restriction line as defined by the Airport Layout Plan and to a height not
to exceed thirty five (35) feet,
E. During time of war or national emergency, LESSOR shall have the right to lease
the landing area or any part thereof to the United States of America for military use,
and, if any such lease is executed, the provisions of this Lease shall be suspended
insofar as they are inconsistent with the provisions of the lease agreement with the
United States of America,
F. This Lease shall be subordinate to the provisions of any existing or future
agreement between LESSOR and the United States of America relative to the
operation or maintenance of the Airport, the execution of which has been or may be
required as a condition to the expenditure of federal funds for the development of
the Airport.
G. If the leased premises or any interest therein is taken as a result of the exercise
of the right of eminent domain, this Lease shall terminate as to such portion as may
be taken. If the portion taken does not feasibly permit the continuation of the
LESSEE's operations, LESSEE shall have the right to terminate this Lease. Such
termination shall be effective as of the date LESSEE's operations cease. LESSEE
shall be entitled to a portion of the award representing its interest in the premises.
LESSOR shall be entitled to the remainder of the award.
i P11IIIIIIIIIIIIII I'Ll I Q -41 & I IN, I
A. At no expense to LESSOR, LESSEE shall defend against and indemnify fully
and save harmless the Board of the Yakima Air Terminal - McAllister Field, the
Yakima Air Terminal - McAllister Field, the City of Yakima and Yakima County and
their elected and appointed officials, employees and agents, from any and all
liability, damages, suits, claims, actions, judgements or decrees, made against the
Board of the Yakima Air Terminal - McAllister Field, the Yakima Air Terminal -
McAllister Field, the City of Yakima or Yakima County or their elected and appointed
officials, employees and agents, including all expenses incidental to the
Filename: Lease\FMP#1(P1ath)99 8
investigation and defense thereof, including reasonable attorney fees, based on or
arising from the occupancy or use of the leased premises by LESSEE or as a result
of LESSEE'S operations at the Airport or from any other act or omission of
LESSEE, its servants, employees, agents, invitees, independent contractors or any
other entity, person, firm or corporation acting on behalf of LESSEE or under its
direction, whether such claim shall be by LESSEE or a third party; provided,
however, that LESSEE shall not be liable for any injury, damage or loss occasioned
solely by the sole negligence of LESSOR, its agents or employees. LESSOR shall
give to LESSEE prompt and reasonable notice of any such claims or actions and
LESSEE shall have the right to investigate, compromise and defend the same to the
extent of its interest.
B. LESSOR agrees to defend, indemnify and hold LESSEE harmless against and
from any claim or liability arising from or alleged to arise from the presence of
hazardous material. or toxic waste on the subject leased premises at the inception
of this Lease and the introduction to the premises of such materials due to
LESSOR'S activities or under its control.
C. LESSEE shall keep and hold the Board of the Yakima Air Terminal - McAllister
Field, the Yakima Air Terminal - McAllister Field, 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 LESSEE resulting in any liability
under the Federal Comprehensive Environmental Response Compensation Liability
Act of 1980, as amended, 42 U.S.C. 9601 et seq.; Hazardous Materials
Transportation Act, 49 U.S.C. 1801 et seq.; Resource Conservation and Recovery
Act, 42 U.S.C. 6901 et seq.; the Clean Water Act, 42 U.S.C. 1251 et seq.; the
Washington Environmental Policy Act, RCW Ch. 43.21C; the Washington Water
Pollution Control Act, RCW Ch. 90.48; the Washington Hazardous Waste
Management Act, RCW Ch. 70.105; the Washington Model Toxic Control Act, RCW
Ch. 70.105D, and the regulations promulgated thereunder, or under any applicable
local or state environmental ordinance, statute, law, rule or regulation. The
provisions of this Sub-section shall survive the termination of this Lease.
Kf�] I! RIU 711 LICA
LESSEE shall file with LESSOR a certificate of insurance, or other proof of
insurance acceptable to LESSOR, evidencing an insurance policy with the Board
of the Yakima Air Terminal - McAllister Field, the Yakima Air Terminal -McAllister
Field, the City of Yakima and County of Yakima as additional insureds providing:
Filename: Lease \FMP #1 (P1ath) 99 9
1. Comprehensive general liability insurance coverage in amounts of not
less than $1,000,000 Combined Single Limit for bodily injury and property
damage covering LESSEE's occupancy of and activities pertaining to the
leased premises.
LESSEE specifically agrees that insurance limits shall be reviewed at least every
five (5) years and that LESSOR may make reasonable adjustments to the required
limits.
Not less than 30 days written notice, or other such time period as may be
acceptable to LESSOR, must be supplied to LESSOR in the event of cancellation,
material change to the policy or non-renewal of any or all policies. Certificate shall
be issued by carrier(s) with a minimum A.M. BEST rating of A-VII which are
admitted in the State of Washington or other such carriers as shall be acceptable
to LESSOR.
A. TENANT IMPROVEMENTS: In the event the construction in accordance
with SECTION 12-IMPROVEMENTS herein, or improvements thereto, are partially
or totally damaged by fire or other casualty, the LESSEE shall repair or replace the
same at its own expense. The new improvements shall be at least the same size,
design and quality as that which existed prior to any damage or destruction. Both
parties agree, however, that any insurance proceeds shall be first applied to the
cost of repair or replacement of improvements.
LESSEE may elect not to repair or replace said construction or improvements.
LESSEE shall advise LESSOR of its intent within thirty (30) days of the damage or
destruction. If LESSEE elects not to repair or replace the improvements, this Lease
shall be terminated. In such event, LESSEE shall restore the Premises to
substantially the same condition as existed prior to LESSEE constructing its
improvements on the property.
tell
a* 00
't; d I
ue Me alle(Aeu prop,
01 Iv e IWOMIN111
to the condition which existed prior to such damage or destruction, to the extent that
same is not covered by insurance required under this Lease. LESSEE further
agrees to cause such repair, reconstruction or replacement or affected property with
due diligence.
Filename: Lease \FMP #1 (P1ath) 99 10
A. The failure by LESSEE to pay rent in the amounts and at the times specified
herein, or the failure by LESSEE to otherwise comply with any term, provision or
condition of this Lease, shall constitute grounds for termination of this Lease and
forfeiture of all rent paid by LESSEE to the time of termination. This Lease and
tenancy shall terminate and rent paid shall be forfeited for cause as specified above
on written notice by LESSOR to LESSEE stating the amount of rent in default or
otherwise stating accurately the manner in which LESSEE fails or has failed to
comply with this Lease. LESSEE shall make full payment or otherwise comply with
this Lease in the manner specified in the notice within thirty (30) days (except three
(3) days for payment of rent) from LESSEE's receipt of such notice, otherwise this
Lease and tenancy shall be terminated and rent forfeited. Such notice shall be
given in writing and served on LESSEE by personal delivery or mailed by certified
mail with return receipt requested addressed to LESSEE at its address stated below
LESSEE's signature to this Lease or such other address as the parties may advise
each other in writing. It is further agreed that after receipt of notices and as an
additional condition to avoid forfeiture, LESSEE shall pay LESSOR's costs and
expenses, including attorney's fees, for the preparation and service of such notice.
Nothing contained herein shall release or diminish LESSEE's obligation to pay rent
for the full term of this Lease save such amount as LESSOR recovers as rent from
any subsequent lessee during the term of this Lease. Notices shall be deemed
received three (3) days after mailing to LESSEE at the address below LESSEE's
signature to this Lease or such other address as the parties may advise each other
in writing.
B. As additional and not alternative remedy, optional with LESSOR and upon thirty
(30) days written notice to LESSEE, 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 at a rate of twelve percent (12%) per
annum, and the non-payment of said sum by LESSEE shall be adequate grounds
for LESSOR to invoke the other remedies as provided in this Lease.
C. Upon termination of this Lease for any reason, LESSEE shall immediately
surrender the premises to the BOARD in good condition and repair, ordinary wear
and usage excepted; and LESSEE shall remove all of LESSEE'S personal property,
trade fixtures, equipment or improvements removable by prior agreement with
BOARD from the premises and shall repair any damage to the premises caused by
such removal. Any personal property of LESSEE, or anyone claiming under
LESSEE, which shall remain upon the premises at the expiration or termination of
this Lease shall be deemed to have been abandoned and may be retained by
BOARD as BOARD'S property or disposed of by BOARD in such manner as
Filename: Lease\FMP#1(P1ath)99 11
23. INSOLVENCY:
In the event LESSEE is declared bankrupt by a court of competent jurisdiction or
in the event LESSEE makes an assignment for the benefit of creditors, or if a
receiver otherwise is appointed for LESSEE, or in the event LESSEE's leasehold
estate is subjected to execution to satisfy any judgement against LESSEE, then in
that event LESSOR 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 LESSEE or any person upon the premises and remove their
effects, and thereupon this Lease and the tenancy hereby created shall absolutely
terminate, without prejudice to any remedies which might otherwise be available to
LESSOR for collection of past due or future rent.
It is understood and agreed that the mortgagee (ref. SECTION 3) shall have the
option to cure any default under this Section.
24. VENUE, ATTORNEY FEES:
In the event of litigation to enforce the rights and obligations hereunder, venue shall
lie in Yakima County Superior Court, and the prevailing party shall be entitled to its
reasonable attorney fees in addition to court costs.
25. NON- DISCRIMINATION CLAUSE:
To the extent required by law, LESSEE, for itself, its personal representative,
successors in interest and assigns, as a part of the consideration hereof, does
hereby covenant and agree as follows:
A. No person, on the grounds of race, color, religion, sex, age, marital status,
handicap or national origin, shall be unreasonably excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in LESSEE's
personnel policies and practices or in the use or operation of LESSEE's services or
facilities.
B. LESSEE agrees that in the construction of any improvements on, over or
under Airport land and the furnishing of services thereon, no person, on the grounds
of race, color, religion, sex, marital status, handicap, age or national origin, shall be
unreasonably excluded from participation in, denied the benefits of, or otherwise be
Filename: Lease\FMP#1(P1ath)99 12
subjected to discrimination.
C. LESSEE shall use the Premises in compliance with all other requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in
Federally Assisted Programs of the Department of Transportation-Effectuation of
Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
D. It is the policy of the Department of Transportation that minority business
enterprise as defined in 49 CFR Part 23, i.e., firms owned and controlled by
minorities; firms owned and controlled by women and firms owned and controlled
by financially disadvantaged persons; shall have the maximum opportunity to
participate in the performance of leases as defined in 49 CFR Section 23.5.
Consequently, this Lease is subject to 49 CFR Part 23 as applicable.
Lessee hereby assures 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.
Lessee hereby assures that it will include the above clauses in all sub-leases and
cause sub-lessees to similarly include clauses in further sub-leases.
This document embodies the entire Lease between 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 Lease,
Filename: Lease\FMP#1(P1ath)99 13
LESSOR:
YAKIMA AIR TERMINAL - McALLISTER FIELD
2400
Yakima, Washington • 8•03
(509) 575-6149 - phone
(509) 575-6185
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,
Da�-7�
B1
rlc
"'Notary
Appointment Ex
�lic /0 - e,
4z.
W A
Filename: Lease\FMP#1(P1ath)99 14
F M P ENTERPRISES, L.L.C.
• 0 BOX 1588
YAKIMA, WASHINGTON 98907
PHONE - (509) 457-6177
FAX - (509) 457-3675
red M. W-P-lai-h Date/
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Fred M. Plath signed this instrument,
on oath stated that he was authorized to execute the instrument, and acknowledged it as
the managing partner of the F M P Enterprises, L.L.C. to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Date: oo Ig Act
B
Notary Public
Appointment Expires
Filename: Lease\FMP#1(P1ath)99 15
LEASE EXHIB...I...T... FO.R FMP ENTERPRISE,
L L C Revised 10-6-99
HLA # 99093
AMENDMENT #ITO
LEASE AGREEMENT #1 (BUILDING)
F M P ENTERPRISES, L. L. C.
THIS LEASE AMENDMENT, executed this day of 2012, between
the YAKIMA AIR TERMINAL - McALLISTER FIELD, an agency of t6e City of Yakima
and County of Yakima, Washington, hereinafter referred to as "LESSOR," and F M P
ENTERPRISES, L.L.C., a Washington limited liability company, hereinafter referred to
as "LESSEE":
VITA A& ki M 0 A k
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 F M P
ENTERPRISES, L.L.C, as LESSEE, entered into a Lease effective November 1, 1999,
and,
WHEREAS, LESSOR has determined it to be in the best interests of the Airport to
modify the following Sections of this Lease:
Assignment of Lease
NOW THEREFORE, in consideration of the mutual promises contained herein and the
benefit to be derived by each party, the parties agree that the lease be amended as
follows:
17. ASSIGNMENT
Reassign Lease from FMP Enterprises, LLC. to Carpair, LLC
Except as expressly amended by this document, all provisions, terms and conditions of
the aforementioned Lease agreement effective November 1, 1999, between these
parties shall remain in full force and effect.
This amendment shall become effective March 1, 2012.
Time is of the essence of this entire Lease.
Fmp:#2amend#1 2012
YAKIMA AIR TERMINAL - McALLISTER FIELD
2400 W. Washington Avenue
Yakima, Washington 98903
Title: Airport Manager
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Carl L. Remmel signed this instrument, on
oath stated that he was authorized to execute the instrument and acknowledged it as the as
Airport Manager 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.
Nota y Pubfc///'/-/—
Appointment ffxpires
SNt�9ttliilll/it
JO y
of
A'
Fmp:#2amend#1 2012
2
This is the official mailing address for notices, certifiedlregistered mail delivery, etc.
CARPAIR, L.L.C.
P 0 BOX 1588
YAKIMA, WASHINGTON 98907
PHONE - (509) 457-6177 FAX - (509) 452-8520
Minor/routine communications
Emails:.rick@w.a.s.hfruit.com and cliff@,wa.shfruit.com
Street Address:
401 N I st Ave
Yakima, WA 98902
Roderick G. Plath, Date
Member of FMP Enterprises, LLC
Manager of Carpair, LLC
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Roderick C. Plath signed this
instrument, on oath stated that he was authorized to execute the instrument, and
acknowledged he is a managing-member of FIVIP ENTERPRISES, LLC and a manager
of CARIPAIR, L.L.C. and further acknowledged this instrument to be the free and
voluntary act of such entities for the uses and purposes mentioned in the instrument.
0 N 6
tiOTARY
P U 183 1 C Z Z
1p 0
0
ER
0'r W A'
Fmp:#2amend#1 2012
3