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Robert and Joyce McCormick - All Seasons LLC - Building Lease
Name & Retuuu Address 03-- 12-12,400':15 'Yl'?1Y1� Gr t� J Document ] TWo,1497 .fi r .�i a, Reference Addidottai rcfrrsnoe al's + paw FILE# 7755933 YAKIMA COU TY, WA Dam/2012 03 :16:13PR LEAH PAGES; to VALUED CUSTONO MKIN RIN I'MINk Rewrdttts Fee: 78.84 Exaedite Fee; 54.48 Additional gmiwn on page Document 2 Title: Reference #'s: - Additional xrfumoe # "s on page Grantors: 4 Additional grantors on page additlanat grant= on page additional gra dm an Page T Legal Description (abbreviated form: i.e. lot, bllc, plat or S.T.R quarterlquarter) AddMonal lrgal is on pw 2„w, „_ - GC d' Assessor's Property Tax Parcel/Account Number. ' s,: 0 Emergency nonstandard document recording: i am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document, signature: 224'�E — The AuditoriReeorder+wili mly on tht information provided on the form, no swffwill not road the document W vtrify the ammtacy or completeness oMt indexing itiforni4on provided herein, Yakima County Auditor File # 7755930 Page 7 of 18 i AIRPORT LEASE AGREEMENT T TH ALL SEASONS, ASSOCIATES, L.L.G. THIS LEASE, executed this 'fsh:` ... ,t r 2011, between the YAKIMA AIR "''' •i the CI of Yakima and County of TERMINAL — IV1cALLISTER E(IE- I.-D� att :ag�n.c �J' tY Yakima, Washington, hereinafter referred to as "LESSOR," and All Seasons Associates, L.L.C., a Washington limited liability company hereinafter referred to as "LESSEE," WITNESSETH: WHEREAS, LESSOR operates the Yaldma Air Terminal (YAT) » McAllister Field, underthe authority granted by the Joint Operations Agreement (JOA) signed by the City and County of Yakima, Washington on July 1, („ WHEREAS, LESSOR has approved *roperly4a� 19le for lease as.provided bythis Lease and LESSEE desires to occupy and use sucFpmperty 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: 1. PREMISES: LESSOR does hereby lease and let unto LESSEE, and LESSEE does hereby lease and take from LESSOR, approximately 50,516 square feet of land in the City of Yakima, Yakima County, Woshin" `' r$ ,t property is depicted on the drawing Lea. marked Exhibit "A ", Le, . " }� t ' Y' shed hereto and by this reference made a part hereof, toget,1`. ;'� Tigress to and egress from the leased premises and the public use urea aC (T=ies 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 maybe promulgated by LESSOR from time to time. 2. `PERM: The tenancy crated by this Agreement shall commence September 1, 2019, and terminate September 30, 2024, unless otherwise terminated as provided for herein, LESSEE shall have the optit3r%td:'erm by two ten (10) year periods, to wit, October 1, 2024 through SepteM , er 30, 2034= and October 9, 2034, through September 30, 2044; provided LESSEE delivers to LESSOR not less than three hundred sixty -five days (365 days; one (1) calendar year) before the expiration of the original term or previously executed option written notification of Its intent to extend the term. 3. MORTGAGE: LESSEE and its assigns shall have, and are hereby given, the right to mortgage the leasehold created by this L6 se g ,m% wupt, not to exceed the possessory interest of the LESSEE an eeding beyond the lease term, or AN Seasons Associates, LLC page 1 of 18 Yakima County Auditor File 7755930 Page 2 of 18 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 appropriate advance written notice of such default as defined elsewhere herein is given by the LESSOR, t0'1ESSEE and LESSEE'S mortgagee at the last address provlded.inA *TIti? . tb� EE to LESSOR. The mortgagee is hereby given the . power and. uthvrtk;-.. .9t" rks 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 vthervAse 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 purehaser'of any obligations under this Lease nor relieve if from any terms of this;Le N ps p Any obligation to meet Airport rules, regulations and standandit... sr Y 4 kYS"E 4. RENT; !.+ A. September 1, 2011 through December 31, 2011: LESSEE prornises,and agrees to pay rent to LESSOR at the rate of Eight Hundred Forty -One Dollars and Ninety -Three Cents ($841.93) per month for the leased premises, made on or before the 10th day of each month In which such payment is due. This is the "there current rate" per square foot. of leased property used for "commercial purposes" as set by the Yakima Air Terminal (Yi T):AlrpprtBoard for calendaribudget year 2011. Payments shall be made to the Yakil i A4rlT*"inal - McAllister Field in care of the Airport Manager's office, Ap $ et t ° : ajaumn ; linqncy pstdue shall acme a de levied mcnthiy. charge of eighteen percent,(', S. January 1, 2012: The lease rental rate as provided for above shall be subject to review and modification one an annual basis under the Rates & Charges set and adopted by the YAT Airport Board from this sate forward regardless of the execution date of this agreement. C. Modifications to the rental rate per square foot of airport property shall be based on the then current "Aviation" or "Commercial" Standard Rate as set by LESSOR and the specific propsrtr,being leased. If Lease Area `A` only is leased (Exhibit "A "j, then tie 'W foot shall be the "Commercial" per square foot rate. If Lease,Yi+e;4, .. (Exhibit "A °) are leased, !t oil! be fv recognized by LESSOR the proP16 J g used for direct aeronautical purposes and the rate per square foot shall be reset to the then current "Aviation" use rate, D. If a non - aviation use Is made of the property by any sub- LESSEE of the LESSEE, LESSEE shall pay to LESSOR five percent (5%) of the grass rent charged the sub - LESSEE for the non - aeronautical use of the property. Property in this case Includes any office space, hangar space, parking space (vehicle and /or aircraft) or any combination thereof. This - payment shall be in addition to the square All Seasons Associates, LLG page 2 of 16 Yakima County Auditor RIB 0 ?755930 Page 3 of Is S: footage of airport property being leased at that time, I.e. Lease Area "A" and/or Lease Area "a ". The responsibii r the payment of any sub -lease rent rests solely with the LESSEE W. cae from the LESSOR, The sub -lease rent payment(s) shall ba ri; Slily (ease payment under the same schedule, paragraph A..aoj E. All rates set above are rental rates of property only and do not include any taxes of any sort. Ail applicable taxes shall be paid by LESSEE and will be computed on the lease rate in effect at that time, (See paragraph 6. below) 5. DEPOSIT: Upon execution of this lease by both parties, LESSEE shall deposit with LESSOR the amount of one month's rent pl „.lea` tax as a guarantee of LESSEE's F l S performance of this Lease an'O.4 raji f ' ent of the rental provided for herein; and in the event LESSEE,. llfditnae rantai as provided herein, or otherwise breach this Lease, then the A r-p6rt t eager 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. if the deposit funds are applied to cure a default, those applied funds must be replenished within three (3) days regardless of the reason for the default. The deposit amount required may be adjusted from time to time to reflect adjustments in the rent and /or leasehold tax. 6. TAXES AND LIENS. In addition to the rent payaf... ,; .Y� .. piomises and agrees to pay, as the same become due and pile aN}Fs~aeises, 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 ether 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.. i. USE: LESSEE agrees to use the leased -p only for an aeronautical oriented activity or for any other use that Is approved by the LESSOR and Is allowed by the Master flan and the zoning of the property by the appropriate jurisdiction, if a non - aviation use for the leased property is approved by LESSOR, and subsequently an aviation use for the'same leased property becomes available during the term of the lease, LESSOR has the right to consider canceling this lease with no penalty or cancellation charges as long as three hundred sixty -five calendar days (365 days /one (1) calendar year) notice .. cellation is given. These provisions shall ,� for, any assignment of this Lease, apply to, and shall be inciude�f, : #j�, ,. � ,: . whether voluntary or due X0 ; ,t . l�re or for any other reason. l= allure of All Seasons Associates, LLC v 09-01 -2611 page 3 of 16 yak[ma County Auditor File 0 7755980 Page 4 of 18 S' the assignee to comply with this Section sh ll be reasonable cause for LESSOR to withhold approval or consent to assigrrr1'ia S. UTILITIES: - 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 Including all envlronmentaJ conditions and accepts the premises on an "AS -IS" basis. LESSEE agrees to pay.fo any improvements, repairs and /or modifications necessary to the operatiort,rf' 10. MAINTENANCE: LESSEE agrees to keep and maintain the premises in a condition at least as good as the condition of the premises at the beginning of LESSEE's ocxupancy, normal wear and tear excluded. 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 tc weetl:: , arbage and debris removal, painting, snow removal and pavemedt,rMalntene 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.• 12. IMPROVEMENTS: E _ All buildings, trade fixtu ents to the leased property b y LESSEE shall conform to`a ;, egulations and codes, and LESSEE shall procure all building an" or perriilts"'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 wrlting by the Airport Manager, which approval shall not be unreasonably withheld. 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 abject found'efhep*ve or below ground level except for hazardous materials and arch&ev!©gicalyrlifacts existing prior to tenancy. All Seasons Assodates, LLC V 09. 01-2011 Yakima County Auditor File # 7755930 Page 5 of 18 page 4 of 16 13. REVERSION OF IMPROVEMENTS: In the event this Lease is te; ` : fa,Dlt b y LESSEE or u po n exp !ra #Ion Of this Lease, or any exEsiT 'J .lbw'Agre ®ment as provided in Section 2 hereof, LESSOR may, a# 1 ts4a pp 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. Such removal shall Include removing the foundation, utilities, and other land improvements and restoring the land to grade level, unless otherwise directed by LESSOR. LESSOR shell notify LESSEE of its intent within sixty (60) days of the cancellation or expiration. Prior to the expiration of this [,ease 4 ;4% shall remove all such trade fixtures at / and repair any damage to th0.,�rer id by removal of trade fixtures to the reasonable satisfaction of the'AlrportVi� Gager, 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 patties acknowledge that LESSOR shall not by virtue of termination of the lea r.. version, of the structures or other improvements be liable far':" ance'associated therewith. 14. LESSOR'S OPTION TO LESSEE shall notify LESSOR In writing in the event that 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,Qpt nR jq.buy the Improvement(s) on the same terms and conditions as the Inters'' 4; minus the LESSOR'S reversionary Interest. : =,wr' *;�;5�?fi,.` 115. LESSEE'S OPTION TO LEASE AREA W (Exhibit'A') If LESSEE is not leasing Lease Area 'B', Exhibit 'A', and if LESSOR Is made an offer by any other party to bring the Exhibit 'A`, Lease Area 'B' into direct aeronautical use, LESSEE shall be offered to the "first right of refusal for a period of thirty calendar days (30) to the terms and conditions offer made by any other party. AA Seasons Associates, LLC Yakima county Auditor �f File # 7755330 Page 6 of 18 Pegs 5 of ie 16. REGULATIONS: LESSEE agrees to comply vrlth sil:app.lid4ble 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 these laws, ordinances, rules, regulations and policies now exist or may hereafter become effective. 17. SUBLETTING: LESSEE shail not sublet any ps ip ,pmises without the prior written approval of LESSOR, such approval;,, " i i'' "' U., ` ''r 66ly withheld. Subleases shall give preference to aeronautic; ,b�'li comply with all laws, ordinances, rules, regulations and ,polici ,a ppll , 14 bie to the use and operation of Airport property, facilities and operations as those lays, 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 sublease, shall consider the extent of the aeronautical activities performed on the premises. 16. ASSIGNMENT: LESSEE shall not assign thiseas;►i ; he prior written approval of LESSOR, such approval not to be unr, a '' "np, held. Such assignment shadl be in conformance with all applicable Airpl' tf 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. 99. MISCELLANEOUS PROVISIONS:, s, r° ' , . A. The parties agree" t%�'� 9 p, _� + :hits Airport Manager or other person authorized by the Afro" age ,-- 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 peormance of all:terms of this Lease, S. LESSOR may further, 00el'o.�.("fW6ve Airport property and facilities, regardless of the tfesfre`' ''r ie of LESSEE regarding any such development or improvement, and'without interference or hindrance on the All Seasons Associates, LLC v 09- 07.2014 page 6 of 16 Yakima County Auditor File # 7,�5�53`%I Page 7 of 18 part of LESSEE and t �l, bi ity; a.LESSEE, provided the operations of the LESSEE are no b. , ` ° "rrupted, C. LESSOR reserves�j all 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. 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 I. with the right to prevent LESSIFF r-r tin erecting, or permitting to be erected, any building or other ti7,# ,44. ` "';Airport which, -in the opinion of the Airport Manager, woiil�i iti�f►fi =���i� fulness of the Airport or constitute a hazard to aircraft. LESSEE shall-limit the building area to that portion of the property which is outside 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 pease shall be suspended insofar as they are inconsistent with the provisions of the lease agreement with, e's'Wpl tss,,�?f Amer, F. This Lease shall b,� ` �,f, .. :, ,s, r- , prov #,ions of any existing or future agreement between ° s 3. a United States of America relative to the operation or m 6 nee, ie Airport, the execution of which has been or may be required as a condition to the expenditure of federal Rands 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 LESSE',, c?(i>'ons, LESSEE shall have the right to terminate this Lease- :gSiiejon. shall be effective as of the date LESSEFs operatiorts;I4eas6t-46 'S E shall be entltled to a portion of the award representing its interest In the premises. LESSOR shall be entitled to the remainder of the award. o. INDEMN TY/DU T`Y TO DEFEND: 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 and Its employees, the City of Yakima and Yakima ffieir elected and appointed officials, employees and agent `;.' :' ." i..all 11ability, damages, suits, claims, actions, judgments "' : ° gainst the Board of the Yakima Air Terminal - McAilisteh; - -kima Air Terminal - McAllister field or its All Seasons Aswelates, LLC v 09-01 -2011 page 7 of 16 Yakima County Auditor File # 77559X '4 ?age 8 of 18 employees, the City .Q Y c' skime County or their elected and appointed officials, employees an agents, including all expenses incidental to the 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 qr�i �,i slpRn solelyby.the sole negligence of LESSOR, Its agentsy .' a �bR shall give to LESSEE prompt and reasonable nail` ims oractions and LESSEE shall have the right to lnvestigata, � ro. `nd 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 LESSORS, activities or under its control. C. LESSEE shall keep- airl .,hiriiard of the Yakima Air Terminal - w McAllister Field, the, rria i�r l - McAllister Field and Its employees, 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 LWbilityAct of 1980, as amended, 42 U.S.C. 9801 et seq.; Hazardous Materials Transportation Act, 49 U.S. 1 0.1 .et seq.; Resource Conservation and Recovery Act, 42 U. 6::Qlean Water Act, 42 U.S.C. 1251 et seq.; the Washri I'Policy Act, RCW Ch. 43.21C; the Washington Water ., rc#, RCw Ch. 90.48; the Washington Hazardous Waste ltllarfagemen,x ct, RCW Ch. 70-105; the Washington Model Toxic Control Act, RCW Ch. 70.10510, and the regulations promulgated thereunder, or under any applicable local orstate environmental ordinance, statute, law, rule or regulation. The provisions of this Sub - section shall survive the termination of this Lease. 21. INSURANCE. LESSEE shall provide LEq$,PF 3,�44- ', to of Insurance or other proof of insurance acceptable to LESS :an insurance policy naming the Board of the Yakima Air Terminal - MacAllister Field; Yakima Air Terminal - McAllister Field; the City of Yakima and County of Yakima; as additional insureds. Limits of Comprehensive General Liability Insurance coverage not less than $1,000,000 per All Seasons Associates, LLC v QS-01 -2411 page a of 16 Yakima Cou ty Auditor i ifeta!` ���Pmge 9 of 78 X � occurrence for bodily injury and pp covering LESSEE's occupancy of and activities pertaining to,th `�c^ LESSEE specifically agree. ; '�imits shalt be reviewed at least every five (5) years and that LES make reasonable adjustments to the required limits. Not less than 30 days written notice, or other such time period -as may be acceptable to LESSOR, must be supplied to LESSOR in the event of canceflation, material change to the policy or non - renewal of any or all policies. Certificate shall be Issued by carrier(s) with a minimum A.M. BEST rating of A -VII which are admitted in the State of Washington or other, :such carriers as shall be acceptable to LESSOR. DAMAGE OR DESTRUC"TI0 TENANT IMPRO'VEMEN'TS. In the event the construction in accordance with SECTION 42- IMPROVEMENTS herein, or improvements thereto, are partially or totally damaged by fire or other casualty, the LESSEE shall repair or replace the same at its own expense with due diligence. The new improvements shall be at least the same.size, design and quality as.that which existed prior to any damage or destruction. Both parties agree, however, that any insuran,, ds shall be first .applied to the cost of repair or replacemeCita LESSEE may el or replace said construction or Improvements. LESS ° "1 ad se LESSOR of Its Intent within thirty (30) days of the damage or destruction. If LESSEE elects not to repair or replace the improvements, this Lease,shall be terminated. In such event, LESSEE shall restore the Premises to substantially the same condition as existed prior to LESSEE constructing its improvements on the property. S, OTHER AIRPORT PROPERTY: In the event of damage or destruction of Airport property caused by the. LE §$EE, its agents, employees, aircraft or other equipment, LESSE. age. repair, reconstruct, or replace the affected property to ,ther'cQ�i1,0. ch 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, In such case, LESSEE shall be entitle to retain the insurance proceeds. 23. DEFAULT, TERMINATION & FORFEITURE. A. The (allure by LESSEE to pay rent in the amounts and at the times specified herein, orthe failure by LESSEE o otherwise comply with any term, provision or condition of this Le., to grounds for termination of this Lease and forfeiture!'`s '� �-ESSEE to the time of termination. This Lease and ter►acr,. and rent paid shall be forfeited for All Seasons Associates, LLC Yakima County Auditor V 09 -01 -2011 page 9 of 16 File #7755930 f �+ � ~ Page io Of 18 cause as specified "8dve oW.vM n' notice, by LESSOR to LESSEE stating the amount of rent in defabit or otherwise stating accurately the manner in which LESSEE fails car 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 wfthin thirty (30) days (except ten calendar (10) days for payment of rent) from LESSEES receipt of such notice, otherwise this Lease and tenancy shell.be terminated and rent forfeited. Such notice shall be given In writing and serves! on LE'S'SEE by personal delivery or mailed by osrtilted mail with retum,,r t nested addressed to LESSEE at its address stated bei, attire to- this Lease or such other address as the pa,, �„ `h'..other In writing, It is further agreed that�after receipt of rt :additional condition to avoid forfeiture, LESSEE shall pay LESSOR's,cosis and expenses, Including attorneys fees, for the preparation and service of such notice. Nothing contained herein shall release or diminish LESSEESs 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 terra of this Lease. notices shall be deemed recel led three (3) days after mailing to LESSEE at the address below LESSEES signature to. this Lease or-.such other address as the parties may advise each other in wiri#ing; ''15 S. As additional and riatr medy, 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 eighteen percent (18°x6) per annum, and the non-payment of said sum by LESSEE shall be adequate grounds for LESSOR to invoice the other remedies as provided in this Lease. C.. Upon termination oft son, LESSEE shall immediately surrender the prem'! a Irk food condition and repair, ordinary wear and usage 1e z " a t shall remove all of LESSEE'S personal property, tra" e f rss; equipment or improvements removable by prior agreement with LESSOR 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 LESSOR as LESSOR's property or, disposed of by LESSOR in such manner as LESSOR sees fit without compensation to anypa4A `E:,: 24. 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 AN SeasonsAssoclefes, LLC Y09-01-2011 ..Li{N� f �. .ice � ,• . ?.1 � . Yakima County Auditor Ftle-C, �; ?Page 91 of 18 page 90 of 96 n subjected to execution to ent 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:m2win. ages (ref. SECTION 3) shall have the option to cure any default under this Ss, 26. 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, 26. NON- DISCRIMINATION CLAUSE: To the extent required by law, LESSEE, for itself, Its personal representative, successors in interest and alai `j "':t;of the consideration hereof, does hereby covenant and agi�a°`" r1 „” A. No person, on the gr r ,n , 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, rellgloo,`sA ?arital status, handicap, age or national origin, shall be unrea(nadly� ooded from participation in, denied the benefits of, or other ise be'isul jaded 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 I-Ole VI of the Civil Rights Act of 1964, and as said Regulations may be amended. D. It Is the policy of the Departrraprit, of Transportation that minority business enterprise as defined . tr y ; LESSEE hereby assures1tMit rid "" 'n shall be excluded from participation �4' w 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. 27, AIRPORT•SECURITY AND ACCE; . CONTROL A. Acgess to lJon- o - and E ress. LESSEE is granted only that vehicular and?c ,%. .} mess which is reasonably necessary to allow LESSEE access fa the hangar ramp /apron once LESSEE is can Airport property. Vehicular mess to and egress from Airport by the LESSEE shall be made Into and out of only Airport Gate No.3112, vehicle gate, and Airport Gate No. 3112A, pedestrian gate. Vehicular or pedestrian access to any and/or ail movement areas, whether active or inactive, is expressly prohibited by this Agreement. For the purpose of this Agreement, a movement area Is any runway or taxiway utilized for.-taxiing, takeoffs, and landings of aircraft, exclusi ' of aircraft lowing ramps';, `ir raft parking areas, and aircraft; aprons and tie down spaces={ t,;n-EL"%, B. There will be one Authorized Signatory for airport security, airport ID, and access control for the entire lease area. C. Access Identification t1). Airport Administration will( assign one (1) Yakima Air Terminal (YAT) Identification card to the LESSEE's Authorized Signatory only, The cost of the badge is dependent on costs associated with the requisite and mandated background check. D, A request by the L tonal card(s) shall be made in writing stating through the 4 typroviding the reason(s) or rationale why an additional car s° ra "required. Any request for an additional card may or may not be approved by the Airport Manager at his/her sole discretion. The minimum information required for the issuance of any additional card will Include the name, local address, and contact phone number of the individual. The same fees outlined above are applicable for any additional badge. if any card Is lost, stolen, or made unusable for any reason, the LESSEE will pay the applicable fire and costs associated with the Issuance of a new or replacer ligk..badge in effect at that time, ,N E. The control and moniflorin ot;access is paramount to Airport security. Accordingly, only authorized users with access to the Airport granted pursuant to this Agreement may hold an ID card to access the Airport. Lost All Seasons Associates, l.t_C Yak[ma County Auditor V09-01-2011 ,t Fife 13 Of 18 page 12 of 16 .,r� "i3�r � ✓ . rte.' �.• 4',•:�; , or stolen Airport - issue access cards shadl be resorted immediately by any means possible to Airport Administration, whereupon the foss or theft W11 be recorded, and the card will be made "inactive". 'Reported immediately" means within twenty -four (24) hours or the next business day, not including weekends or holidays. A new card may then be issued by Airport Administration bearing a number different from the one lost or stolen. F. i=raud and tntentiggal Falsificat ds, (1) No person may make ari� fraudulent or intentionally false statement in any application for any security program, access medium, or identification medium. (2) No person may make any fraudulent or intentionally false entry in any record or report that is kept, made or used to show compliance or exercise any privileges. G, Sgarhy Reslaonsibliit,ti s. A[d,. b n may; (1) Tamper or iriterf'c t promise, modify, attempt to circumvent, or cause a person to tamper or interfere with, compromise, modify, or attempt to circumvent any security system, measure, or procedure, (2) Eater, or be present within a secured area without complying with the systems, measures, or procedures being applied to control access to, or presence or movement in such areas. 3 Use, allow to be"Wa66 br ' ", (} �:. . �i�e to be used, any Airport - issued or Airport- approVe�1 idontiflca�, medium that authorizes the access, presence, or movement D Persons or vehides in secured areas in any other manner than that for which it was used by the appropriate authority. H. "Note - Movement Area Certification of Traininc - _Avo- 11cation for Permit to Op_erate Ground Vehicles at the Ya ima Air Te nal °. Any person given vehicular access to the Airport shall be required to read, apply for and pass the test associated with. thj cr n .edition of the Airport Driving Rules & Regulations docume WN it Airport to qualify for access to the F Airport. A copy of th Y NI ` st al be kept In the LESSEE's File. W. 1. Airport Safety and Securit , In the' interest of Airport safety and security, in the event LESSEE fails to abide by this Agreement, the Airport Manager of YAT is authorized by the Airport's Governing Authority, to immediately declare this Lease void, to cancel the same without any legal proceeding and All Seasons Assoc#afes, LLC v Q9- 01.2011 qR � 7,x•1 �G.r ,yi?dr�•;���'•�'i;, Yakima County Auditor File # 77559$0 Page 14 of 18 page 13 of 16 take possession of the tie down. 28. NON - WAIVER. The failure by one parry to require performance of any provision of this Agreement shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any bretach or default of this Agreement constitute a waiver of any su . +' , 6r,deNult or a waiver of the prevision itself. bs 29_ INTEGRATION: This document embodies the entire Agreement 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. 30. Time is of the essence of this entire Lease, LESSOR: YAKIMA AIR TERMINAL - McALLISTER FlEib 2400 W. Washington Avenue Yakima, Washington 98903 (509) 575 -6749 - phone (509) 575-6785 - fax William A. Wheeler, Chairman MPH , .,�,� ' �• _'�"'' it`d j'i'lt l�,e � �F�,,. titG,e C c� l r STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that William A. Wheeler and Dm, Baumbach signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as ft 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. Date By, Notary Pit Appointment Expires Ail Seasons Assocfates, LLC Itin 01ITMI ME 4V%J111i181E 30 Y-41��Oee F "AW �y • °fiber t ;:�`� �{� i% ~ ti �l+✓J ,tWA 110ttil�� page 14 of 16 Yakima County Auditor Fie 775S930 Page 15 of 1a LESSEE: (official notifications address for all written communications concerning this Lease) �jitlitillij,>/� ,�, jO YA1 ��i +wri Mon e ck"0 w y Q 21 P Hill Road OTW Selah, Washington 98942 UC (cell) (509) 845 -7160 %,..• :±'o �o �'©�= STATE OF WASHINGTON County of Yakima I certify that 1 know or have satisfactory evidence that Mr. V1~m K. Larson signed this instrument, on oath stated that they were authorized to execute the instrument and acknowiedged it to be the free and voluntary pet of such party for the uses and purposes mentioned in the instrument. Date By: go Notary Public Appointment Expires����� Attch: Exhibit "A ", pease Exhibit. (Lease Area `A' & Lease Area g') MI: � an ,:s•.•i j! All Seasons Associates, LLC v 09.01.27 page 15 Of 16 Yakima Cou Auditor He # 7755930 .� Page 16 of 18 Y Y m •x m 0 .o c D ,o F '-n ro -i a , 'E1 m M m n Y lma AtlrTemttnal Lea%et Ntrit -- Marquis Hanger- MA Pr*IW * 101015 i'dovetytber 311, 20111 Geese Area W That portim of th0 Southeast Quarter of the Northeast Quarter of Section 34, Towrighfp 13 Horth, Range 18 East, W.M., described as follows: con+mendng at the East Qtimim owtar or said Seclion 34: Thence tdorth 00'18'22' East along G+a Eemt lone thereof 6'i. 4.91 feet; Thence Math 79'OTZB' West 8724 feet to the Poled of Beginning; Thence conMuAng North 7'TO T28' Wit 158.80 feet Thence North 11'10'17' East 372.4D feel to the SouthrWy right of way the of Washhrgfon Avenue- Thenoe South 79'03'38' East along said right a way 5na 14270 feet to a point that is 1-50 Wesferly of ft Est Ina of said Section 34, n%asured perpendicular thereto: Thence South OW18'W West paratiei with said keel line 65.41 feet to a line bearing North 11 "1017 East rmm the Point of Seuhining; Thence South 11"10'17 West 238.37 feet to the Pohtt M Bonning- rAuale iriYaktrna County, Washington, Lepae Area 13' :That portion d the Southeast Quarter of tfje;# rtbeast Quarter of SaWon 34, Tawtmbip 13, - North. Range 18 East, W.M., dascnhed l•i glows: Commenting aL the East vueriar rnrnat ut' Yitt:Sa'ctlort 34: lhenod North 00'18'22' East Mang the E4a rTN. ieteof 834.91 teat Thence North 79'D52B" West 4-114 feet b*ie P'olkt of Begun W, Ttteitoe continuing North 79'D5?8' Wssi�Q075 lest r. "Thence South 12'2128' West 13186 tee�fiti t}le fy edge of the Airport Service Roadt:. . Themm South 69'56'08' East along said edge 205.97 feet to d 8rta itearvtg SuWj. � 11'10'cr West hom tha Point of Beginnln }`t ll , Thence North 11'10'1 T East 165.59 feet to Me- or BogMntrs Mate in Yakima County, Washington. '3 "Ay 11 W.y4 LOW Dt—. L turn ��:. n:. �m: s» r;.. �.,,;.,..,, r- �..,,, er t<: n... y�rp.;.. w,;„-. a,••<. x�.•,,:;,>-, n..- aa,,,: � .,.•.. >..a,n•..,n „.�rr.,.unm „,, :..: o-... m.: ,,•r.,�no �,.....,�...,� .. ... ...... ... ......... ... .... . „.. .. ., .., ,.. ... .. ,., .., ,... .. -. ,.,... ., .. ..... ..- . „...,......... ,_ - .. ., -..... t 'tom, 0 4- "r4•.f... s S.�'• {fl. • r i S' ��:. n:. �m: s» r;.. �.,,;.,..,, r- �..,,, er t<: n... y�rp.;.. w,;„-. a,••<. x�.•,,:;,>-, n..- aa,,,: � .,.•.. >..a,n•..,n „.�rr.,.unm „,, :..: o-... m.: ,,•r.,�no �,.....,�...,� .. ... ...... ... ......... ... .... . „.. .. ., .., ,.. ... .. ,., .., ,... .. -. ,.,... ., .. ..... ..- . „...,......... ,_ - .. ., -..... t e , CAM IIOM Ffl1Aip t (SEE R t) 5 i76 €5062) TA t: , R 3!, u R.M. HM NS7TE0 W e ) {j, �• � t;1G5QU ttOk FouH ixlS11H0 BilILDIHII J 2" ' 'miry v" ^I i {.•✓ >,�4� *� � ' 6 E7G57YdE BLM.DfF�t: �I ExlsnNO eurtmHO LEASE AREA 'A' b0,516t SF P 2e.s` l TOTAL AREA ('A' 80,881* SF R 1� 7p� y7 i Y Y••� ! "wL LAip 2 L6 1 a , _ f TAM., RAM . W PC FOUND E. 1/4 COR. SEC. 34, SF.L LCR IN -.1190 T,1 R.�6E, WA. H 90,01"op' W �. tRQFI E FOUND 26 B.O5� c .c;',S •,' n� ;'.::.,. SEE LCR W -1345 YAKIMA AJR TERMINAL ��!lQf58i �AIlfSiaG I�5S8[�BLtQSx @Gr.�f`N ' t ' .i►t wwcc xavn nytsw+w. wro can cxr�c.iwiNi .•H , t3 +, b::1 tatea,.aw CITY Or YAKIMA, soi aaa a.....,raw.� w.laiex• mot- w YAKIMA COUNTY, WASHINGTON n ta�F Olta -fu w w-3m LEASE EXHIBIT — VAROUIS HANGER" Yakima County AudjtQr .... ... _. Ef1o_ 7 ;�,SA q Page 17 of 18 i .. AMENDMENT NO. 1 TO AIRPORT LEASE AGREEMENT WITH ALL SEASON ASSOCIATES, L.L.C. This Amendment No. 1 to Airport Lease Agreement with All Seasons Associates, L.L.C. dated September 1 2011, ( "Amendment No. 1 "), executed this day of Flo di-U 40 T, 201„ , between the YAKIMA AIR TERMINAL — McALLISTER FIELD, an agencyof the City of Yakima and County of Yakima, Washington, hereinafter referred to as "LESSOR ", and ALL SEASONS ASSOCIATES, L.L.C., a Washington limited liability company, hereinafter referred to as "LESSEE ". WITNESSETH: 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, dated July 1, 1982; and, WHEREAS, the Parties entered into an Airport Lease Agreement with All Seasons Associates, L.L.C. dated September 1, 2011, ( "Lease Agreement ") whereby LESSEE leased certain premises, namely Lease Area 'A', from LESSOR for commercial purposes; and, WHEREAS, LESSEE has notified LESSORS it has changed its use of Lease Area 'A' to direct aeronautical purposes and, therefore, LESSEE desires to enlarge the leased premises to provide for direct access from Lease Area 'A' to LESSOR'S taxiways, ramps and runways; and, WHEREAS, the Parties desire to amend the provisions of the Lease Agreement to provide for and include Lease Area `B' in the premises LESSOR leases to LESSEE; and, LESSEE desires to occupy and use Lease Area 'A' and Lease Area 'B' in accordance with said Lease Agreement and this Amendment No. 1; NOW, THEREFORE, in consideration of the mutual promises contained herein and the benefits to be derived by each Party, the Parties agree as follows. 1. Each Party acknowledges this is an amendment to the underlying Lease Agreement between the LESSOR and the LESSEE. No prior amendments to this Lease Agreement have been made at this time and except as amended herein, the Parties affirm and agree that all provisions of the Lease Agreement shall remain in full force and effect as provided in the Lease Agreement. The Lease Agreement, this Amendment No. 1 and any and all subsequent amendments thereto, shall be construed as a whole. 2. Paragraph 1, PREMISES, shall be amended to provide that the leased premises includes approximately 80,696 square feet of land in the City of Yakima, Yakima County, Washington, depicted as Lease Area 'A' and Lease Area 'B' on the drawing marked Exhibit 'A' to the Lease Agreement. 3. Paragraph 2, TERM, shall be amended to provide that the tenancy created for Leased Area 'B' shall commence November 1, 2011, and terminate September 30, Amend t to Lease dtd 09- 01- 2011.doc.A11 Seasons, LLC page 1 of 5 2024. LESSEE's option to extend the term of the Lease Agreement as provided in said Paragraph 2 shall be for and shall include Lease Area 'A' and Lease Area `B'. 4. Paragraph 4, RENT, shall be amended as follows: Subparagraph A of Paragraph 4 shall be amended to provide as follows: Effective November 1, 2011, LESSEE promises and agrees to pay rent to LESSOR at the rate of One Thousand Two - Hundred Ten Dollars and Forty -Four Cents ($1,210.44) per month for Lease Areas `A' and `B' as depicted on Exhibit "A ". Payment shall be made on or before the 10th day of each month in which such payment is due, with or without notification invoice from the LESSOR. This is the "then current rate" per square foot of leased property used for "direct aeronautical purposes" as set by the Yakima Air Terminal (YAT) Airport Board for calendar /budget year 2011. Payments shall be made to LESSOR in care of LESSOR's Manager's office. Any rental payment past due shall accrue a delinquency charge of eighteen percent (18 %) per annum, levied monthly. 5. Paragraph 15, LESSEE'S OPTION TO LEASE AREA `B' (Exhibit `A'), shall be deleted in its entirety and replaced with the following captioned paragraph; OPTION TO TERMINATE LEASE OF LEASE AREA `B' Exhibit "A" At any time during the term of this Lease Agreement, or any subsequent renewal periods, LESSEE may terminate its lease of Lease Area `B' by providing a 90- day written notice to LESSOR through its Airport Manager on the condition that LESSEE's use of Lease Area `A' no longer constitutes "direct aeronautical purposes ". Upon verification that LESSEE's use of Lease Area 'A' no longer constitutes "direct aeronautical purposes ", LESSEE's lease of Lease Area 'B' shall terminate and the rate for leasing Lease Area 'A' shall revert to the "then current rate" per square foot of leased property used for "commercial purposes" as set by the Yakima Air Terminal (YAT) Airport Board. 6. Paragraph 17, SUBLETTING, shall be deleted in its entirety and replaced with the following paragraph: LESSEE shall not sublet, sublease or rent any portion of the leased premises without the prior written approval and consent of LESSOR, such approval and consent not to be unreasonably withheld. The meaning of "sublet" shall be ail - inclusive and shall not be restricted to the lease or rental to any third party of all or part of a leased premises as defined under this Lease Agreement, including any all or portion of the building structure as well as all or any portion of the leased premises as defined in Exhibit "A ". The request by LESSEE to sublet must be made in writing and approved in writing by LESSOR prior to any subletting of any portion of the leased premises. 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. Amend 1 to Lease dtd 09- 01- 2011.doc.All Seasons, LLC page 2 of 5 A consent to sublet by LESSOR shall not be construed to be a consent to any subsequent sublet. The LESSOR, in determining whether or not to approve a sublet request, shall consider the extent of the aeronautical activities performed on the premises. Notwithstanding the foregoing, prior written consent by LESSOR is not required under the following specific and limited circumstances and conditions: (1) The subletting of any interior hangar floor space or ramp space for the storage /maintenance of aircraft only subject to the following: (a) LESSEE shall provide LESSOR with a list of aircraft stored in the hangar or on the ramp space concurrently with the execution of this Amendment No. 1. The list shall include (a) the aircraft registration number, (b) the type /model of aircraft, (c) the name, address and telephone number of the registered owner of the aircraft, and (d) the name, address and telephone number of the actual operator of each aircraft. (b) LESSEE shall immediately provide LESSOR with a updated and current list of aircraft and information specified in the previous subparagraph at such times as said list of aircraft and /or other information changes. (c) The above referenced list and information provided by LESSEE shall be included in and made part of the Lease Agreement "by reference" and as a part of and condition of the execution by LESSEE of this Amendment No. 1. (d) Failure of LESSEE to provide LESSOR with the above referenced list and information or to provide LESSOR with such updated and current listing of aircraft and information herein specified shall be a material breach of the Lease Agreement and shall be subject to default, termination and forfeiture pursuant to the provisions of Paragraph 23 of the Lease Agreement. (e) With at least one business day's notice, the Airport Manager, or his /her designated representative, may inspect the leased premises, including the interior of hangar building, to verify and confirm the currency and completeness of LESSEE's listing of aircraft submitted to LESSOR. (2) The subletting of any interior hangar floor space and /or office /shop for the maintenance /support of aircraft only. Amend 1 to Lease dtd 09- 01- 2011.doc.AII Seasons, LLC LESSOR: YAKIMA AIR TERMINAL - McALLISTER FIELD 2400 W. Washington Avenue Yakima, Washington 98903 (509) 575 -6149 - phone (509) 575 -6185 - fax t- Carl L. Rem I, AAE, Airport Manager LESSEE: ALL SEASONS ASSOCIATES, LLC 1621 Pleasant Hill Road Yakima, WA 98942 (cell) 509 - 945 -7160 ay rn K. ran ATE OF WASHINGTON } ss. County of Yakima } On this day personally appeared before me Carl L. Remmel to me known to be the Airport Manager of Yakima Air Terminal - McAllister Field, the agency that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said agency, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Given under my hand and official seal this 1 day of a , 201 ;,. ti1te11111111 Yj _Ca o Hong j$-.C) Amend 1 to Lease dtd 09- 01- 2011.doc.All Seasons, LLC Notary Public in and for the tate of Washington, residing aj eMl�, ,--7 My commission expires ff— — �° STATE OF WASHINGTON ) ) ss. County of Yakima ) On this day personally appeared before me Vern K. Larson to me known to be a member of All Seasons Associates, LLC, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Given under my hand and official seal thisA day of _ vv q1L , 201).— .` °`�` •`` � ENO T `��i'�': —i • ore Fxof�s 2pr-0� (Print Name) Notary Public in and for the S ate of Washington, residing at sr My commission expires Amend 1 to Lease did 09- 01- 2011.doc.Al# Seasons, LLC page 5 of 5 AMENDMENT #2 ORVINW TO LEASE AGREEMENT #6 (Old All Seasons) ROBERT E. & JOYCE L. McCORMICK THIS LEASE, executed this I r day of a/-G 4 , 2012, 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 ROBERT E. & JOYCE L. McCORMICK a married couple, hereinafter referred to as "LESSEE." WITNESETH: WHEREAS, LESSOR operates the Yakima Air Terminal — McAllister Field, under the authority granted by the Joint Operations Agreement signed by the City and County of Yakima, July 1, 1982, hereinafter referred to as "Airport "; and, WHEREAS, 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, t NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to be derived by each party, the parties agree as follows: Paragraph 2. TERM. Delete the second paragraph and replace with the following: LESSEE shall have the option to extend the term by three ten (10) year periods, to wit, October 1, 2024 through September 30, 2034; October 1, 2034, through September 30, 2044; and October 1, 2044 through September 30, 2054, provided LESSEE delivers to LESSOR not less than three hundred sixty -five days (365 days; one (1) calendar year) before the expiration of the original term or previously executed option written notification of its intent to extend the term. This amendment shall become effective April 1, 2012. Time is of the essence of this entire lease. Lease /McCo12 Ise #6 amd #2 Y ' LESSOR: YAKIMA AIR TERMINAL - McALLISTER FIELD 2400 W. Washington Avenue Yakima, Washington 98903 (509) 575 -6149 - phone (509) 575 -6185 - fax W14& William A. Wheeler, ChairmanT STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that William A. Wheeler and Don Baumbach 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. Date T7- Notary Puli Appointment Expires LeaselMcCo12 Ise #6 amd #2 Nip}. w,x F S LESSEE: ROBERT E. & JOYCE L. MCCORMICK 191 Mapleway Road Selah, Washington 98942 (509) 697 -5230 (home) (50 9 5} /{�je11 ) I E. MCCD CK Date V)rpg L. McCORMICK Date STATE OF WASHINGTON County of Yakima I certify that I know of have satisfactory evidence that Robert E. McCormick signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. Dater �2— 11Stt13f11f // By: Notary Publi Appointment Expires f� `� "'f- -� x:¢ 'f ;ecor� ©: AIOESS� STATE OF WASHINGTON '!tr1,©;,,�y��\, County of Yakima I certify that I know of have satisfactory evidence that Joyce L. McCormick signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. Date:'"` Notary ic rY Pub y. cnand Appointment Expires Wiz; 4ZV os �. r • it Lease /McCo12 Ise #6 amd #2 3