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HomeMy WebLinkAboutMission Support Alliance - Building LeaseAIRPORT RENTAL AGREEMENT THIS AGREEMENT, executed this S day I 1987, by and between the YAKIMA AIR TERMINA'--r �BG RD, an agency of the City and County of Yakima, Washington, hereinafter called the BOARD, and Battelle Memorial Institute, a Washington corporation, herein called the LESSEE: W I T N E S S E T: WHEREAS, the BOARD owns and operates the Yakima Air Terminal and has approved ground space available for lease as provided by this Agreement, and LESSEE desires to occupy and use such 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: 1. PREMISES: The BOARD does hereby lease and let unto LESSEE, and LESSEE does hereby hire and take from the BOARD, approximately 225 square feet of ground space at the Yakima Air Terminal in the City of Yakima, Yakima County, Washington, as that space is depicted on the drawing marked Exhibit "A," attached hereto and by this reference made a part hereof, together with the ri.ght of ingress to and egress from the leased premises over and across common public access ways. LESSEE agrees not to hinder access to the airfield by other tenants. 2. TERM: The tenancy created by this Agreement shall commence on December 1, 1986, and expire on November 30, 1987, 3. RENEWAL: This agreement shall renew , w a n n ua I ly h ro bgh /irne^ Novemb.16,r---~3 , 1996, unie5a either party shall give the other thirty (30) days prior written notice of its intent to terminate the agreement. - 4. RENTAL rate A. LE SEE promises and agrees to pay rental to It" the BOARD at the a t of -12 2.00 per year for the leased premises, which payment sha�l be made annually, in advance, on or before the last day of December each year. Payments shall be j made to the Yakima Air Terminal Board, Airport Manager's office at the Yakima Air Terminal. Any rental payment past due shall accrue a delinquency charge of eighteen percent (18%) per annum. la-l-l" The annual rental shall be recalculated by the Board each j 6 q December 1. The new annual rental shall be calculated as follows: The base rent is established at $122.00. Annual rent, 4 for the renewal terms shall be increased based on the same percentage rate of increase in the Unites States Bureau of Labor Statistics Consumer, Price Index for all Urban Conjumers (Seattle;7 Everett area) ( 1967=100) from the starting date of September I 1986, to the immediately preccding September of the renewal year.-/ilj -The base rent shall not be decreased in the event of a decrease in the Consumer Price Index. �'7 57, S"- 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 fees and taxes, includi-ng but not limited to the leasehold excise tax NtR.C.W. 81.29 A), required to be paid by LESSEE by reason of this lease Agreement for 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. 6. UTILITIES, MAINTENANCE AND IMPROVEMENTS: LESSEE shall be responsible for paying for all electrical power and shall also be responsible for paying for any other utility service to the leased premises. LESSEE accepts the property "as-is" and shall also obtain and pay for its own maintenance services and any improvements to the property required by LESSEE'S operations. All improvements must be approved in writing by the Airport Manager prior to affixation. 7. USE: LESSEE promises and agrees to use the leased premises as an air monitoring site. The use of the premises for any other purpose shall be deemed a material breach of this Agreement constituting grounds for its termination. 8. SUBLETTING ASSIGNMENT: LESSEE shall not assign nor otherwise transfer this lease 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. 9. INDEMNITY AND WAIVER: LESSEE shall defend the BOARD against, and indemnify and hold the BOARD harmless from, every claim of any nature whatsoever involving Airport property or facilities made against the BOARD based on or arising from the occupancy of the leased premises by LESSEE or from any act or omission of LESSEE, its employees, agents or any other person acting on behalf of LESSEE or under its direction. LESSEE shall file with the BOARD a certificate of insurance, or other proof of insurance acceptable to the BOARD, providing comprehensive liability insurance coverage in amounts of not less than comprehensive rA combined single limit bodily injury and property damage liability. 10. REGULATIONS: 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. MISCELLANEOUS PROVISIONS .1 2 (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 expedient to the proper enforcement of any term, provision or condition of this lease Agreement; provided, no such entry and inspection by the BOARD is required by this Agreement, and the failure of 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. (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 LESSEE in connection with any such development or improvement, and without interference or hindrance on the part of LESSEE and without liability to LESSEE. (c) The BOARD 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 that regard. ( d) The BOARD reserves the right to takc 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 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 the Yakima Air Terminal or constitute a hazard to aircraft. ( 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 military use, and, if any such lease is executed, the provisions of this lease Agreement shall be suspended insofar as they are inconsistent with the provisions of the lease Agreement with the United States Government. (f) This lease 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 condition 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. 12. TERMINATION AND FORFEITURE: The pay rental in the amounts and at the times the failure by LESSEE to otherwise comply provision or condition of this Agreement, grounds for termination of this Agreement 3 failure by LESSEE to specified herein, or with any term, shall constitute and the tenancy hereby created and for forfeiture of all rental paid by LESSEE 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 LESSEE stating the amount of rental in default or otherwise comply with tn-1-s Agreemen t 4 in the manner specified in the notice within ten ( 10) days from LESSEE's receipt of such notice (except three ( 3 ) days notice for default in payment of rent), othervise this Agreement and tenancy shall be terminated and rental forfeited. Such notice shall 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 return receipt requested addressed to LESSEE at its address stated below LESSEE's signature to this Agreement. LESSEE's 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. 13. 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 all users thereof, and to charge fair, reasonable, and not unjustly discriminatory discounts, rebates or other similar types of price re6uctions 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, In, discriminate or permit discrimination against any person or group C> 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 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. 14. INSOLVENCY: In the event LESSEE Jis 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 judgment against LESSEE, '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 LESSEE or any person upon the premises and remove their effects, and thereupon this lease Agreement and the tenancy hereby created shall absolutely 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 LESSEE of any covenants contained in this Agreement. 15. 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. 4 16. INTEGRATION: This c Agreement of the parties with herein contained. No amendmer enforceable unless in writing, Time is of the essence of thi—ti Executed as of the day ar STATE OF WASHINGTON) ) ss. County of Yakima on Heinen, Secretary I certify that I know or have satisfactory evidence that William F. Almon and Don Heinen signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Chairman and Secretary of the Yakima Air Te'rminal Board to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated:'7—Z ef . I—A Notar Public Business Agent, Yakima Air Terminal Appointment expires 12- 10-90 I PACIFIC N WEST ABORATORIES BATTED, MEMO' I L INSTITUTE Title: Manager, Laboratory Subcontracting P 0 Box 999 Richland, Washington 99352 (509) 375-2230 ATTEST: Title: Subcontract Specialist STATE OF WASHINGTON) ) ss. County of Benton I certify that I know or have satisfactory evidence that Dan Raap and Ellen McCoy signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Manager, Laboratory Subcontracting a n Subcontract Specialist of Pacific, Northwest Laboratories, Battelle Memorial Institute to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated. //f ,'/P7 Notary Public Title: Appointment expires: N r 1 s f r" t wY,Y �{,•Fi�ifi �� P .• t - r SRAM EXIT yf Y« u aims eaaaaaf9 *gas Bass a9a988 Issas 996 Issas 88 86 ao 14slit &9668 @�6Qis':>>:50;35�s" b *o, 8�: s4a� ii i� AIRPORT RENTAL AGREEMENT THISAGREEMENT, executed this 25th day of November, 1985, by and between the YAKIMA AIR TERMINAL BOARD, an agency of the City and County'of Yakima, Washington, hereinafter called the BOARD, and Battelle Memorial Institute, a Washington corporation, herein called the LESSEE: W I T N E S 3 E I H: WHEREAS, the BOARD owns and operates the Yakima Air Terminal and has approved space available for lease as provided by this Agreement, and LESSEE desires to occupy and use such facilities 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: The BOARD does hereby lease and let unto LESSEE, and LESSEE does hereby-P ' re and take from the BOARD, certain ground space at the Yakima Air Terminal in the City of Yakima, Yakima County, Washington,-as that space 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 premisgs..pver and across common public access ways. LESSEE agrees not(to hinder access to the airfield by other tenants. .2. TERM: The tenancy created by this Agreement shall commence on December 1, 1985, and expire on—November 30, 1986. 3. RENTAL: A. LESSEE promises and agr6es*to pay rental to the BOARD at the rate of $120.00 per year for--rhe leased premises, which payment shall be made annually--in...advance. Payments shall be made to the Yakima Air Terminal_. oard, Airport Manager's office at the Yakima Air Terminal. Any - rental payment past due shall accrue a delinquency charge of eighteen percent (18%) per annum. 4. 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 fees and taxes, including but not limited to the leasehold excise tax (R.C.W. 81.29 A), required to be paid by LESSEE by reason of this lease Agreement for 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. 5. UTILITIES, MAINTENANCE AND IMPROVEMENTS: LESSEE shall be responsible for installing a meter and paying for all electrical power, and shall also be responsible for paying for any other utility service to the leased premises. LESSEE accepts the property "as-is" and shall also obtain and pay for its own maintenance services and any improvements to the property required by LESSEE'S operations. All improvements must be approved in writing by the Airport Manager prior to affixation. 6. USE: LESSEE promises and agrees to use the leased premises as an air monitoring site. The use of the premises for any other purpose shall be deemed a material breach of this Agreement constituting grounds for its termination. 7. SUBLETTING ASSIGNMENT: LESSEE shall not assign nor otherwise transfer this lease 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. 8. INDEMNITY AND WAIVER: LESSEE shall defend the BOARD against, and indemnify and hold k���rgot fg�ielri�dies de agains ase claim of any nature whatsoeverMa e on or arising from the occupancy of the leased premises by LESSEE or from any act or omission of LESSEE, its employees, agents or any other person acting on behalf of LESSEE or under its direction.- LESSEE shall file with the BOARD a certificate of insurance, or other proof of insurance acceptable to the BOARD, o(Vj3b=xX&qxxx 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 insurance in the minimum amount of $250,000 for any one accident covering LESSEE's occupancy of and activities pertaining to the leased premises. 9. REGULATIONS: 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. 10. 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 expedient to the proper enforcement of any term, provision or condition of this lease Agreement; provided, no such entry and inspection by the BOARD is required by this Agreement, and the failure of 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. (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 LESSEE in connection with any such development or improvement, and without interference or hindrance on the part of LESSEE and without liability to LESSEE. (c) The BOARD 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 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 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 the Yakima Air Terminal or constitute -tute a hazard to aircraft. (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 military use, and, if any such lease is executed, the provisions of this lease Agreement shall be suspended insofar as they are inconsistent with the provisions of the lease Agreement with the United States Government. (f) This lease 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 condition 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. 11. TERMINATION AND FORFEITURE: The failure by LESSEE to 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 LESSEE 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 LESSEE stating that LESSEE shall comply with this Agreement in the manner specified in the notice within thirty (30) days from LESSEE's receipt of such notice, otherwise this Agreement and tenancy shall be terminated and rental forfeited. Such notice shall 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 return receipt requested addressed to LESSEE at its address stated below LESSEE's signature to this Agreement. 12. NON-DISCRIMINATION CLAUSE: In n 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 all users thereof, and to charge fair, reasonable, and not unjustly discriminatory 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 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. 13. 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 judgment against LESSEE, 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 LESSEE or any person upon the premises and remove their effects, and thereupon this lease Agreement and the tenancy hereby created shall absolutely 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 LESSEE of any covenants contained in this Agreement. 14. REPORTS: LESSEE shall provide BOARD with all reports and other public documents concerning LESSEE's operations and findings at the Airport. 15. 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, 16. 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 Agreement. Executed as of the day and year first above written. YAKIMA AIR I NAL BOARD F. Almon, Chairman ATTEST Don Heinen, Secretary STATE OF WASHINGTON) ) ss. County of Yakima On this day personally appeared before me William F. Almon and Don Heinen, to me known to be the Chairman and Secretary respectively of the Yakima Air Terminal Board, the entity that executed the within and foregoing Rental Agreement, and acknowledged the same instrument to be the free and voluntary act and deed of said BOARD, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute this Lease Agreement on behalf of said BOARD. under my hand and official seal this day of 1985. NotAry Public it d for the State of Washington, re--iding at Yakima Attest: A., Ellen McCoy Title: Subcontract Specialist State of Washington) ) ss. County of Benton PACIFIC,�WHW!��f LABORATORIES BATTE LE ME,�,OTIAL INSTITUTE By Dan Ra46 Title: Manager, Laboratory Subcontracts Address: P. 0. Box •9• Richland WA 99352 Phone- 5091375-2230 On this day personally appeared before me Dan Raap and Ellen McCoy , to me known to be the anager,- Laboratory Su5contracts and Subcontract Specialist respectively of Battelle Memorial Institute, the entity that executed the within and foregoing Rental Agreement, and acknowledged the same instrument to be the free and voluntary act and deed of said Institute, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute this Lease Agreement on behalf of said entity. Given under my hand and official seal this 13th day of December 1985. Notary Public in and for the State Qf Washington, residing at e. w m r r m R r LU '.._ e �1 a O ##### Big ######### ## Ir4 X mw ..3& rwMklw.. w Wausau ins ince Companies IWO This is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued. This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy referred to herein. Name and Mailing Address of Insured BATTELLE MEMORIAL INSTITUTE 505 KING AVE. COLUMBUS, OR 43201-2693 L —1 Producer No.: 0000 office: WAUSAU, WI 54401 Date: 10 15 90 Region: SAD Type of Insurance CO. NO, Policy Number Policy Effective Date (MO/DY/YR) Policy Expiration Date (MO/DY/YR) - - Unless otherwise indicated, this policy affords full coverage under the Workers Compensation laws of all slates (except slates where coverage can be provided Only by State Funds, and Canada) and as designated in the policy and endorsements for Part Two (Employers Liability). Workers Compensation Liability Limits In Thousands (000 Omitted) Comprehensive General 02 3128 00 091475 Liability — Special Multi-Perif or Trademark (Section if only) Contractual - Alf Written Contracts )[7—Included Excluded Products - Completed Operations: )Included( X) Excluded 01 01 88 UNTIL CANCELED Bodily Injury -Each Occurrence - Aggregate $ Property Damage - Each Occurrence - Aggregate $ $ Single Limit - Each Occurrence - Aggregate $500 Owners; Landlords and Tenants Liability Bodily injury - Each Occurrence $ Property Damage - Each occurrence Aggregate $ $ Owners & Contractors Protective Aggregate $ Each Occurrence Auto Liability Ll All Owned Autos Specified Autos Only Hired Autos Nonowned Autos Single Limit Each Accident Bodily Injury Each person $ Each Accident $ Property Damage Each Accident $ Umbrella Liability Each Occurrence $ Aggregate Products - Completed Operations $ Retention $ Special Provisions/Locations/Specified Autos: COVERAGE IS INCLUDED FOR ALL OPERATIONS IN CONNECTION WITH THE U.S. DEPARTMENT OF ENERGY CONTRACT #EY-76-C-06-1830. IT IS AGREED THAT THE YAKIMA AIR TERMINAL IS AN ADDITIONAL INSURED WITH RESPECT TO ITS LIABILITY ARISING OUT OF THE NAMED INSURED PLACING AN ENVIRONMENTAL SURVEILLANCE STATION AT THE YAKIMA AIR PORT. Nolwilhatandfrig any requirement term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy (po,icies) described above is subject to all of the terms, exclusions and conditions of such policy (policies) during the term(s) thereof. * The entry of a number in this column means that the coverage is afforded by the company designated by the same number. Issued to: . * Issuing Company No. 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company YAKIMA AIR TERMINAL 3, WAUSAU UNDERWRITERS INSURANCE COMPANY ATTN. MACILE ZAIS I. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU 2300 WEST WASHINGTON AVE. 1. WAUSAU LLOYDS YAKIMA, WA 98903 Signed Adild6rized Representative 288 (S) 15-r736 Battelle Memorial Institute Dan Raap P.O. Box 999 Richland, Washington 99352 509-375-2230 Usage: Air Monitoring Site Effective Date: 12/1/86 Termination Date: 11/30/96 unless 30 prior written notice Insurance Expiration: until canceled Insurance Amount: $300,000 Current Annual Rental: $165.16 Leasehold Tax: n/a Next Adjustment Date: 12/1/96 Adjustment method: CPI (1994 - 3.3) Subletting: None <- —kD LEASE CHECKLIST DATE:-'?- ? -I Y: BY:. QL'. u LESSEE.* - ADDRESS. * , = 0 1 - rt `' PHONE :Z'Q�j - �""' - f t ti FAX: 4-701 TERM: RENT LAST REVIEWED: c}) RENTAL: q��ELLJ A L,1 L 4-1 LH TAX (12.84%): 6L I dt I ANNUAL. RENT: CHECK RENT TO INVOICES: IMPROVEMENTS APPROkED: YATB APPROVAL DATE 2. BOARD'S OPTION TO PURCHASE/REVERSION OF IMPROVEMENTS: S e eqc()C- i - on o 6- 2. /,)12 t ) f� INSURANCE REQUIREMENTS OF: $Ziqo'oo'q INSURANCE CERTIFICATE SHOWS: LESSEE AS NAMED INSURED CITY, COUNTY & AIRPORT AS NAMED INSUREDS EXPIRATION DATE ,44 COMPLETE EXECUTION: . anaAqt'pfl-lftpA qs AMENDMENT #1 - LEASE AGREEMENT BATTELLE MEMORIAL INSTITUTE THIS AMENDMENT, executed this 1�4k day of 1996, between the YAKIMA INTERNATIONAL AIRPORT - McALLISTER FIELD (formerly known as the Yakima Air Terminal), an agency of the City of Yakima and County of Yakima, Washington, hereinafter referred to as "LESSOR." and BATTELLE MEMORIAL INSTITUTE, a Washington corporation, hereinafter referred to as "LESSEE": W I T N E S E T H: WHEREAS, LESSOR owns and operates the Yakima International Airport - McAllister Field, hereinafter referred to as "Airport," and WHEREAS, the Yakima International Airport - McAllister Field, as LESSOR and Battelle Memorial Institute, as LESSEE, entered into a Lease effective December 1, 1986, and WHEREAS, LESSOR has determined it to be in the best interests of the Airport to modify the following Sections of this Lease: 3. RENEWAL 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 & 3 are amended as follows., This Agreement shall renew annually through November 30, 2006, unless either party shall give the other thirty (30) days prior written notice of its intent to terminate this Agreement. Except as expressly amended by this document, all provisions, terms and conditions of the aforementioned Lease agreement effective December 1, 1986 between these parties shall remain in full force and effect. This amendment shall become effective December lf 1996. Time is of the essence of this entire Lease. Batt86#1.lse 1. YAKIMA INTERNATIONAL AIRPORT - McALLISTER FIELD 2400 W. Washington Avenue 5ma, Washington 98903 575-6149 P irman Greq&jr�"P. Berndt, secretary STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that Dennis Byam and Gregory P. Berndt 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 International Airport - McAllister Field to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. By: Notary Public Appointment Exp es BATTELLE MEMORIAL INSTITUTE: P 0 Box 999 Richland, Washington 99352 (509) 375-2230 STATE OF WASHINGTON County of &A= Date I certify that I know or have satisfactory evidence that ---TMR signed this instrument, on oath stated that he/she/was authorized to execute the instrument and i acknowledged t as the 5a4 i,Ll 'sf of Battelle Memorial institute to be the free and vole tart' act of such party for the uses and purposes mentioned in the instrument. Date /:PL 1 IT By: CA4;4 Notary Pub Appointment Expires I Batt86#1.lse 2 Timm BATTELLE MEMORIAL INSTITUTE THIS AMENDMENT, executed this 1) 7�day of d, 2006, between the YAKIMA AIR TERM INAL-MCALLI STER FIELD, an agency of the City of Yakima and County of Yakima, Washington, hereinafter referred to as "LESSOR," and BATTELLE MEMORIAL INSTITUTE, a Washington corporation, hereinafter referred to as "LESSEE": VITIN9,1L] M-I[4kwj WHEREAS, LESSOR owns and operates the Yakima Air Terminal - McAllister Field, hereinafter referred to as "Airport," and WHEREAS, the Yakima Air Terminal - McAllister Field, as LESSOR and Battelle Memorial Institute, as LESSEE, entered into a Lease effective December 1, 1986, and Amended December 1, 1996 and WHEREAS, LESSOR has determined it to be in the best interests of the Airport to modify the following Sections of this Lease: 3. RENEWAL 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 & 3 are amended as follows: 3. RENEWAL This Agreement shall renew annually November 30, unless either party shall give the other thirty (30) days prior written notice of its intent to terminate this Agreement. Except as expressly amended by this document, ail provisions, terms and conditions of the aforementioned Lease agreement effective December 1, 1986 between these parties shall remain in full force and effect. Batt86#2,1se 1 This amendment shall become effective December 1, 2006. Time is of the essence of this entire Lease. YAKIMA AIR TERMINAL - McALLISTER FIELD 2400 W. Washington Avenue Yakima, Washington 98903 509-575-6149 -)/-o 6 William Wheelerfha Am Les Flue, Secretary Date STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that William Wheeler and Les Flue 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. P.- Notary Pub' Appointment Expires Batt86#2,1se 2 BATTELLE MEMORIAL INSTITUTE: STATE OF WASHINGTON County of. I certify that I know or have satisfactory evidence that lAe"Syz signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the qqh,r',-ie of Battelle Memorial Institute to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date By: Notary Public Appointment Expires Batt86#2.1se 3 AMENDMENT #3 - LEASE AGREEMENT BATTELLE MEMORIAL INSTITUTE THIS AMENDMENT, executed this day of 2011, between the YAKIMA f AIR TERM I NAL-MCALLI STE R FIELD, an agency of of Yakima and County of Yakima, Washington, hereinafter referred to as "LESSO and BATTELLE MEMORIAL INSTITUTE, a Washington corporation, hereinafter referred to as "LESSEE": W I T N E S E T H: WHEREAS, LESSOR owns and operates the Yakima Air Terminal - McAllister Field, hereinafter referred to as "Airport;" and, WHEREAS, the Yakima Air Terminal - McAllister Field, as LESSOR and Battelle Memorial Institute, as LESSEE, entered into a Lease effective December 1, 1986, and Amended December 1, 1996; and, WHEREAS, LESSEE has made a written request to assign the Agreement from Battelle Memorial Institute to another Department of Energy (DOE) Contractor, to wit, Mission Support Alliance (MSA); and, WHEREAS, LESSOR has determined it to be in the best interests of the Airport to modify the following Sections of this Lease: Term Renewal Rental Reassignment 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: Change to read: "The tenancy created by this Agreement shall commence on July 1, 2011." 3. RENEWAL Change to read: "This Agreement shall renew annually on January 1st of each calendar year, unless either party shall give the other thirty (30) days prior written notice of its intent to terminate this Agreement." 4. RENTAL Delete the first sentence of this section. Change the first sentence to read. "LESSEE agrees to pay the rate of $244.55 per year plus the leasehold tax charged to the annual rental amount, such amount to be computed annually, which payment shall be made annually, in advance, on or before the last day of January each year," 8. SUBLETTING ASSIGNMENT Reassign Lease from Battelle Memorial Institute to Mission Support Alliance (MSA) Except as expressly amended by this document, all provisions, terms and conditions of the aforementioned Lease agreement effective December 1, 1986, between these parties shall remain in full force and effect. This amendment shall become effective July 1, 2011, Time is of the essence of this entire Lease. LESSOR YAKIMA AIR TERMINAL - McALLISTER FIELD 2400 W. Washington Avenue Yakima, Washington 98903 509-575-6149 , /-111 Carl L. Remme'$- AAE Date 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. Date Dc..,Jv 0 7, "-) C / Notary Publi Appointment Expires LESSEE Battle:86#3 014111111111 'i A L 0 O O� =..C: Z:: tJ>*'- ()PLmW x OF NO WN -,1 1111111X Mission Support Alliance, LLC PO Box 650 Richland, WA 99352 (509) 376-3456 Attn: Melissa Derniter MSIN H7-10 Title: STATE OF.T"SHINGTON County of _:9 ,A) 2:]Q k) I certify that I know or have satisfactory evidence that j=eEeV12Y1 L_ signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged itasthe 44X"W)PIXSEA-)17_ -of Mission Support Alliance to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument, Date ?Ire // By-, A. kf 111111,1 Notary 4.0" /1" ry 40A 'tQ"" Appointment Expires._ 0'?# OTA# 7-Y OP IAJ fiC Battle: 86#3 ,—Xht"bit A to Lemse aoreemevut betweco, the Yalo-i'ma A'V rermilvuaL and I M�Ssl',Om support Aqreemcmt lFffe.c.tilve clate: Ltase Type: Ltascol Area: Azrport Ao(mLkl.Egty4tLDK 1�kUdto.n A . . . . . . . . . . . . . . . . . mr 40� o rs RAM xrisxxs EXIT ffi RAMP