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HomeMy WebLinkAboutR-2004-049 Yakima Air Terminal Lease Agreement (re: police work space)RESOLUTION NO. R 2004 - 4A A RESOLUTION authorizing and directing the City Manager to execute a Lease between the City of Yakima and Yakima Air Terminal - McAllister Field for Police Department work space. WHEREAS, the City of Yakima Police Department desires to establish work space in an area west of the downtown part of the City; and WHEREAS, the Yakima Air Terminal - McAllister Field has workspace available and is willing to lease such space in accordance with the terms and conditions of the attached Lease; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached Lease with the Yakima Air Terminal - McAllister Field for Police Department workspace, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "City of Yakima Yakima Police Department Lease" with the Yakima Air Terminal - McAllister Field for work space for the Yakima Police Department. ADOPTED BY THE CITY COUNCIL this 16 day of March , 2004. ATTEST: City Clerk 3,7 Paul P. George, Mayor CITY OF YAKIMA YAKIMA POLICE DEPARTMENT LEASE THIS LEASE, executed this 2-5 day of , 2004, 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 CITY OF YAKIMA - POLICE DEPARTMENT, hereinafter referred to as 'LESSEE': WITNESETH: WHEREAS, LESSOR operates the Yakima Air Terminal — McAllister Field, hereinafter referred to as "Airport" under the authority granted by the Joint Operations Agreement signed by the City and County of Yakima, July 1, 1982, and WHEREAS, LESSOR has approved property available for lease as provided by this Lease, and LESSEE desires to occupy and use such property in accordance with this Lease, NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to be derived by each party, the parties agree as follows: 1. PREMISES: LESSOR does hereby lease and let unto LESSEE, and LESSEE does hereby lease and take from LESSOR, approximately 800 sq ft of building space(Suite B), 336 sq ft(Suite C), and 132 sq ft(Suite D) at 2406 West Washington Ave, Yakima, Washington 98903 in the City of Yakima, Yakima County, Washington, as that property is depicted on the drawings marked as Exhibits "B", "C", and "D", attached hereto and by this reference made a part hereof, together with the right of ingress to and egress from the leased premises and the public use areas/facilities used in connection therewith, over designated Airport property and roadways, subject to rules and regulations governing the use of the Airport and as the same may be promulgated by LESSOR from time to time. 2. TERM: The tenancy created by this Lease shall commence on March 1, 2004 and terminate on February 28, 2009, unless otherwise terminated as provided for herein. Filename: Lease/YPD04 1 3. RENT: A. LESSEE promises and agrees to pay rent to LESSOR at the rate of $800.00 per month for the leased premises, made in advance on or before the 10th day of each month. Payments shall be made to the Yakima Air Terminal - McAllister Field in care of the Airport Manager's office. Any rental payment past due shall accrue a delinquency charge of twelve percent (12%) per annum. B. The lease rental rate as provided for above shall be subject to review and modification by the parties on each anniversary of this Lease. C. In the event the parties are unable to agree upon the fair market rental rate for the succeeding periods, upon written notice of either party to the other, but no later than thirty (30) days prior to the expiration of the then current rental period, the matter of establishment of fair market rental shall be referred to arbitration. Within thirty (30) days of such notice, each party shall select one arbitrator. The two arbitrators shall jointly select a third arbitrator who shall be a real estate broker with at least five (5) years' experience in sales or leases of commercial property in the Yakima Valley. The decision of a majority of the arbitrators as to the fair market rental value for the property shall be made within forty-five (45) days of said written notice and shall be binding. Each of the parties shall bear the cost of its designated arbitrator. The parties shall share equally the expense of the third arbitrator. The arbitration decision shall be binding upon both parties and shall be enforceable in accordance with the laws of the State of Washington. The arbitrator's decision shall relate back to the beginning of the new rental period. 4. TAXES AND LIENS: In addition to the rent payable above, LESSEE promises and agrees to pay, as the same become due and payable, all licenses, fees and taxes, including but not limited to the leasehold excise, required to be paid by LESSEE by reason of this Lease and by reason of LESSEE's use and occupancy of the leased premises and by reason of LESSEE's construction or ownership of improvements to the leased premises. LESSEE shall neither suffer nor permit the attachment of any lien or other encumbrance on the leased premises by reason of LESSEE's occupancy thereof. LESSEE agrees to indemnify LESSOR and shall hold LESSOR harmless from any such taxes and liens. Filename: Lease/YPD04 2 5. USE: LESSEE agrees to use the leased premises only for a use allowed by the Master Plan and the zoning of the property by the appropriate jurisdiction. The use of the property for any other purpose shall be deemed a material breach of this Lease constituting grounds for its termination. This provision shall apply to any assignment of this Lease, whether voluntary or due to mortgage foreclosure or for any other reason. Failure of the assignee to comply with this Section shall be reasonable cause for LESSOR to withhold approval or consent to assignment. 6. UTILITIES: Costs for electrical power, water, sewer, and garbage service shall be reasonably determined by LESSOR. LESSEE shall be invoiced monthly for the prior month's usage and such amounts shall be due and payable immediately. LESSEE shall contract privately with a local utility for natural gas service 7. JANITORIAL: LESSEE shall furnish all janitorial services at LESSEE's expense. 8. PREMISES CONDITION: LESSEE has made a full inspection of the premises, is fully aware of its condition except with respect to environmental conditions and accepts the premises on an "AS -IS" basis. LESSEE agrees to pay for any improvements and/or modifications necessary to the operation of LESSEE's business. LESSOR agrees to make the following improvements 1) paint, 2) replace carpet. 9. MAINTENANCE: LESSEE agrees to keep and maintain the premises in at least as good a condition as the condition of the premises at the beginning of LESSEE's occupancy, normal wear and tear excepted. LESSEE further agrees that LESSEE shall be responsible to maintain all leased areas, trade fixtures and other improvements, existing and future, in an attractive and usable manner consistent with other properties at the Airport. Maintenance shall include, but not be limited to, garbage and debris removal, painting, and snow removal. Filename: Lease/YPD04 3 10. SIGNS: LESSEE, at LESSEE's own expense, may erect a 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. 11. REVERSION OF IMPROVEMENTS: Prior to the expiration of this Lease, LESSEE shall remove all such trade fixtures and repair any damage to the premises caused by removal of trade fixtures to the reasonable satisfaction of the Airport Manager. Fixtures not removed within sixty (60) days after termination become the property of the LESSOR unless other arrangements have been previously approved in writing by the Airport Manager. LESSEE shall, as additional consideration for grant of this Lease, insure that all liens, security interest and other encumbrances against said improvements and structures except those created or suffered by LESSOR, whether consensual or involuntary, shall be paid, discharged or satisfied prior to time for reversion thereof to LESSOR; and, in any event, the parties acknowledge that LESSOR shall not, by virtue of termination of the leasehold interest nor reversion of the structures or other improvements, be liable for any debt or encumbrance associated therewith, whether now existing or hereafter incurred, levied or attached. 12. REGULATIONS: LESSEE agrees to comply with all applicable laws, ordinances, rules, regulations and policies of all governmental authorities having jurisdiction over the Airport, including policies adopted by LESSOR, as such laws, ordinances, rules, regulations and policies apply to the use and operation of Airport property, facilities and operations as those laws, ordinances, rules, regulations and policies now exist or may hereafter become effective. LESSEE further agrees to accept responsibility for not allowing unauthorized persons access to the Airport Operations Area (AOA). Filename: Lease/YPD04 4 13. SUBLETTING: There shall be no subletting of this Lease without the prior approval of LESSOR. 14. ASSIGNMENT: LESSEE shall not assign this Lease without the prior written approval of LESSOR, such approval not to be unreasonably withheld. Such assignment shall be in conformance with all applicable Airport Board, local, state and federal laws, ordinances, rules, regulations and policies. LESSEE shall give preference to aeronautical activities and all assignees shall comply with all laws, ordinances, rules, regulations and policies applicable to the use and operation of Airport property, facilities and operations as those laws, ordinances, rules, regulations and policies now exist or may hereafter become effective. A consent to assignment by LESSOR shall not be construed to be a consent to any subsequent assignment. 15. MISCELLANEOUS PROVISIONS: A. The parties agree that LESSOR, through its Airport Manager or other person authorized by the Airport Manager, may enter upon the leased premises to make such inspections as LESSOR may deem necessary to the proper enforcement of any term, provision or condition of this Lease provided that LESSOR has either the consent of LESSEE or has provided LESSEE with at least forty-eight hours written notice. No such entry or inspection by LESSOR is required by this provision, and the failure of LESSOR to enter and make inspection shall not alter the relationship of the parties and their respective rights and duties provided by this Lease. LESSEE shall be granted the right of quiet enjoyment upon performance of all terms of this Lease. B. LESSOR may further develop or improve Airport property and facilities, regardless of the desire or views of LESSEE regarding any such development or improvement, and without interference or hindrance on the part of LESSEE and without liability to LESSEE, provided the operations of the LESSEE are not unreasonably interrupted. C. LESSOR reserves the right, but shall not be obligated to LESSEE, to maintain and keep in repair the landing area of the Airport and all publicly owned facilities of the Airport. 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 Filename: Lease/YPD04 5 activity interfering with the efficient operation of the Airport, together with the right to prevent LESSEE from erecting, or permitting to be erected, any building or other structure on the Airport which, in the opinion of the Airport Manager, would limit the usefulness of the Airport or constitute a hazard to aircraft. E. During time of war or national emergency, LESSOR shall have the right to lease the landing area or any part thereof to the United States of America for military use, and, if any such lease is executed, the provisions of this Lease shall be suspended insofar as they are inconsistent with the provisions of the lease agreement with the United States of America. F. This Lease shall be subordinate to the provisions of any existing or future agreement between LESSOR and the United States of America relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition to the expenditure of federal funds for the development of the Airport. G. If the leased premises or any interest therein is taken as a result of the exercise of the right of eminent domain, this Lease shall terminate as to such portion as may be taken. If the portion taken does not feasibly permit the continuation of the LESSEE's operations, LESSEE shall have the right to terminate this Lease. Such termination shall be effective as of the date LESSEE's operations cease. LESSEE shall be entitled to a portion of the award representing its interest in the premises. LESSOR shall be entitled to the remainder of the award. 16. INDEMNITY/DUTY 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, the City of Yakima and Yakima County and their elected and appointed officials, employees and agents, from any and all liability, damages, suits, claims, actions, judgements or decrees, made against the Board of the Yakima Air Terminal - McAllister Field, the Yakima Air Terminal - McAllister Field, the City of Yakima or Yakima County or their elected and appointed officials, employees and agents, including all expenses incidental to the 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, Filename: Lease/YPD04 6 however, that LESSEE shall not be liable for any injury, damage or loss occasioned solely by the sole negligence of LESSOR, its agents or employees. LESSOR shall give to LESSEE prompt and reasonable notice of any such claims or actions and LESSEE shall have the right to investigate, compromise and defend the same to the extent of its interest. B. LESSEE agrees to reimburse LESSOR for any damage to the premises caused by the occupancy of LESSEE, its employees, agents, servants, invitees, independent contractors or any other person acting on behalf of LESSEE or under its direction. 17. INSURANCE: LESSEE shall file with LESSOR a certificate of insurance, or other proof of insurance acceptable to LESSOR, evidencing an insurance policy with the Board of the Yakima Air Terminal - McAllister Field, the Yakima Air Terminal -McAllister Field, the City of Yakima and County of Yakima as additional insureds providing: 1. Comprehensive general liability insurance coverage in amounts of not less than $1,000,000 Combined Single Limit for bodily injury and property damage covering LESSEE's occupancy of and activities pertaining to the leased premises. 2. Tenant legal liability insurance coverage in an amount of not less than $100,000. Not less than 30 days written notice must be supplied to LESSOR in the event of cancellation, material change to the policy or non -renewal of any or all policies. Certificate shall be issued by carrier(s) with a minimum A.M. BEST rating of A -VII which are admitted in the State of Washington or other such carriers as shall be acceptable to LESSOR. 18. DAMAGE OR DESTRUCTION: In the event of damage or destruction of Airport property caused by the LESSEE, its agents, employees, aircraft or other equipment, LESSEE agrees to repair, reconstruct, or replace the affected property to the condition which existed prior to such damage or destruction, to the extent that same is not covered by insurance required under this Lease. LESSEE further agrees to cause such repair, reconstruction or replacement or affected property with due diligence. Filename: Lease/YPD04 7 1 19. TERMINATION: A. Either party may terminate this Lease, with or without cause, by giving the other party written notice of termination at least ninety (90) calendar days prior to March 1 of each year during the term of this Lease. B. Upon termination of this Lease for any reason, LESSEE shall immediately surrender the premises to the LESSOR in good condition and repair, ordinary wear and usage excepted; and LESSEE shall remove all of LESSEE'S personal property, trade fixtures, equipment or improvements removable by prior agreement with 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 any party. 20. VENUE: In the event of litigation to enforce the rights and obligations hereunder, venue shall lie in Yakima County Superior Court. 21. NON-DISCRIMINATION CLAUSE: To the extent required by law, LESSEE, for itself, its personal representative, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as follows: A. No person, on the grounds of race, color, religion, sex, age, marital status, handicap or national origin, shall be unreasonably excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in LESSEE's personnel policies and practices or in the use or operation of LESSEE's services or facilities. B. LESSEE agrees that in the construction of any improvements on, over or under Airport land and the furnishing of services thereon, no person, on the grounds of race, color, religion, sex, marital status, handicap, age or national origin, shall be unreasonably excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. Filename: Lease/YPD04 8 C. LESSEE shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49. Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally Assisted Programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. D. It is the policy of the Department of Transportation that minority business enterprise as defined in 49 CFR Part 23, i.e., firms owned and controlled by minorities; firms owned and controlled by women and firms owned and controlled by financially disadvantaged persons; shall have the maximum opportunity to participate in the performance of leases as defined in 49 CFR Section 23.5. Consequently, this Lease is subject to 49 CFR Part 23 as applicable. Lessee hereby assures that no person shall be excluded from participation in, denied the benefits of or otherwise discriminated against in connection with the award and performance of any contract, including leases, covered by 49 CFR Part 23 on the grounds of race, color, national origin or sex. Lessee hereby assures that it will include the above clauses in all sub -leases and cause sub -lessees to similarly include clauses in further sub -leases. 22. INTEGRATION AND SUPERSESSION: This document embodies the entire Lease between the parties with respect to the subject matter herein contained and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect. No amendments or modifications hereof shall be enforceable unless in writing, signed by the party to be charged. 23. SEVERABILITY. If a court of competent jurisdiction holds any part, term or provision of this Lease to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Lease did not contain the particular provision held to be invalid. If any provision of this Lease is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. Filename: Lease/YPD04 9 24. NON -WAIVER. The waiver by LESSOR or LESSEE of the breach of any provision of this Lease by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 25. Notices Notices shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified below. Time is of the essence of this entire Lease. YAKIMA AIR TERMINAL - McALLISTER FIELD 2400 W. Washington Avenue Yakima, Washington 98903 (509) 575-6149 - phone (509) 575-6185 - fax Ar o .1 0rBer i f, Chairman Gre Fre J. Iraol. , Secretary STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that Gregory P. Berndt and Fred J. Iraola signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Chairman and the Secretary respectively of the Board of the Yakima Air Terminal - McAllister Field to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date. S / / By: k, C�.e�r Notary Public Appointment Expires / / " / 00 7 Filename: Lease/YPD04 10 LESSEE: CITY OF YAKIMA- POLICE DEPARTMENT 200 South 3rd Street Yakima, Washington 98901 Phone: 509-575-6200 Signed`' �, L Date: k3» 7/a Richard A. Zais, Jr. STATE OF WASHINGTON Cbunty of Yakima CITY CONTRACT NO RESOLUTION NO. ,9f-'270-44-71/97 certify that I know or have satisfactory evidence that Richard A. Zais, Jr. signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the City Manager of the City of Yakima to be the free and voluntary act of such party for the uses and purposes mentionestrument. ptt40 - tO N WA p"ids NOTARY Date -/37--() V By: „'1rk. Cil- -(.1i�e,n42.) Notary ublic Appointment Expires k3-/.SDS� PUBLIC iz w. q� goo,, (Note: Questions regarding lease may be directed to'leffr Sbbneider - 575-6151) Filename: Lease/YPD04 11 ,•• 29O4p LJ; • GO Als /-1 7-4 Al S7 6' Yit3sX/mA 4. CisL ns Rs r m Iilet: n ie) 1 1.6" • • --II. • •• • • . •• • .• • • • 4'.0o Sc P"--. '1. 4)I2• Hoot es 22.7" Observation Room • Tovii Shop 1 12'5 — ..... ...., Hie Office 1.,........,..: ) ('1 Teletypes • , • 125" • "7-. /1• J, ;41' • i-4 /7/--/C4 �'•� 3C•35'fo S� 1_...____ __... F -m.._.^..,_1 .---._..� r I 1�- d '7-\ .,r r 4' 2 S./Ez /iiVQ 7-7.f.,/ \ j4/c: w /- 4,.:t 'i ricyy \ I _.._I • Ex it I .. • r/ /42 311 — 7'— "3" 4 ca / .."/: • • s 4 5/41: re C 3, /33C.3 F 0 1 Lt./ ajJiij)oLt D x Z, 5,Vez v//VQ ,• /16:11/ r/e../Y 1 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /5" -- For 5 For Meeting of March 16, 2004 ITEM TITLE: Consideration of a Resolution Authorizing the City Manager to Enter into a Lease Agreement with the Yakima Airport for a Police Substation. SUBMITTED BY: Sam Granato, Chief of Police CONTACT PERSON/TELEPHONE: Chief Granato - 575-6211 SUMMARY EXPLANATION: Currently the Yakima Police Department leases a small office at the Yakima Airport. Since the West Valley annexation has the Department would like to have a more substantial presence in the Southwest Yakima Area. This presence would decrease response times in emergencies and allow officers to stay in a more centralized area when processing paperwork and other routine chores, as they would not have to return to the downtown station. At present the Department is considering basing two detectives and a contingent of patrol officers at the station. The Sheriffs Department also intends to base some deputies in this office. The Police Department currently pays $200 a month for the existing small office space. The proposed lease for approx. 1250 sq feet is $800 per month (plus 12.84 tax, total $903), or $703 more a month than currently budgeted, for a total of $9,300 in 2004 ($7,300 unbudgeted). The Sheriffs office has agreed to reimburse the Department for any office space they may use which will somewhat offset this expense. The Department proposes to use a combination of budgeted equipment money and grants to fund this expenditure. Resolution XX Ordinance Contract Other (Specify) Funding Source General Fund APPROVED FOR SUBMITTAL: ity Manager STAFF RECOMMENDATION: It is recommended the Council enact the resolution authorizing the City Manager to enter into the Lease for a Police Sub -Station. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R 2004-49.