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HomeMy WebLinkAboutR-2004-186 Yakima Air Terminal Use AgreementRESOLUTION NO. R 2004 - 186 A RESOLUTION authorizing and directing the City Manager to execute a Use Agreement between the City of Yakima and the Yakima Air Terminal for Police Department work space. WHEREAS, the City of Yakima Police Department desires to establish additional work space at the Yakima Air Terminal; and WHEREAS, the Yakima Air Terminal is willing to provide such space in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached use agreement with the Yakima Air Terminal for Police Department work space, 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 "Use Agreement" with the Yakima Air Terminal for work space for the Yakima Police Department. ADOPTED BY THE CITY COUNCIL this 7th day of December, 2004. ATTEST: Paul P. George, Mayor City Clerk AIRPORT USE AGREEMENT %100 THIS AIRPORT USE AGREEMENT ("Use Agreement") is between the YAKIMA AIR TERMINAL — McALLISTER FIELD ("THE AIRPORT"), an agency of the City of Yakima and County of Yakima, Washington, and the City of Yakima ("THE CITY"), a Washington municipal corporation. WITNESETH: WHEREAS, THE AIRPORT 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,and WHEREAS, THE AIRPORT has approved property available for use and THE CITY desires to occupy and use such property in accordance with this Use 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 AIRPORT does hereby allow THE CITY to occupy and use approximately 800 sq ft of building space (Suite B), 336 sq ft (Suite C), 132 sq ft (Suite D), and 528 sq ft (Suite E) (together, the "premises") 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", "D", and "E", attached hereto and by this reference made a part hereof, together with the right of ingress to and egress from the 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 THE AIRPORT from time to time. 2. TERM: This Use Agreement shall commence on December 1, 2004, and terminate on February 28, 2009, unless otherwise terminated as provided for herein. 3. RENT: A. THE CITY promises and agrees to pay THE AIRPORT $1025.00 per month for the premises, made in advance on or before the 10th day of each 1 month. Payments shall be made to the Yakima Air Terminal - McAllister Field in care of the Airport Manager's office. Any payment past due shall accrue a delinquency charge of twelve percent (12%) per annum. B. The payment provided for above shall be subject to review and modification by the parties each March 1 during the term of this Use Agreement. In the event the parties are unable to agree upon the fair market rate, upon written notice of either party to the other, but no later than thirty (30) days prior to March 1, the matter of establishment of fair market rental value 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 March 1. 4. TAXES AND LIENS: In addition to the payment due above, THE CITY promises and agrees to pay, as the same become due and payable, all licenses, fees and taxes required to be paid by THE CITY by reason of this Use Agreement and by reason of THE CITY's use and occupancy of the premises and by reason of THE CITY's construction or ownership of improvements to the premises. THE CITY shall neither suffer nor permit the attachment of any lien or other encumbrance on the premises by reason of THE CITY's occupancy thereof. THE CITY agrees to indemnify THE AIRPORT and shall hold THE AIRPORT harmless from any such taxes and liens. 5. USE: THE CITY agrees to use the 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 Use Agreement constituting grounds for its termination. This provision shall apply to any assignment of this Use Agreement, 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 THE AIRPORT to withhold approval or consent to assignment. 2 6. UTILITIES: Costs for electrical power, water, sewer, and garbage service shall be reasonably determined by THE AIRPORT. THE CITY shall be invoiced monthly for the prior month's usage and such amounts shall be due and payable immediately. THE CITY shall contract privately with a local utility for natural gas service. 7. JANITORIAL: THE CITY shall furnish all janitorial services at THE CITY's expense. 8. PREMISES CONDITION: THE CITY 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. THE CITY agrees to pay for any improvements and/or modifications necessary to the operation of THE CITY's business. THE AIRPORT agrees to make the following improvements 1) paint, 2) replace carpet. 9. MAINTENANCE: THE CITY agrees to keep and maintain the premises in at least as good a condition as the condition of the premises at the beginning of THE CITY's occupancy, normal wear and tear excepted. THE CITY further agrees that THE CITY shall be responsible to maintain all 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. 10. SIGNS: THE CITY, at THE CITY's own expense, may erect a sign(s) of a type, number and location suitable to THE AIRPORT. No signs or other advertising matter or devices shall be used or displayed in or about the premises or upon any portion of the Airport without the prior written approval of the Airport Manager, which approval shall not be unreasonably withheld. 3 11. REVERSION OF IMPROVEMENTS: Prior to the expiration of this Use Agreement, THE CITY 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 THE AIRPORT unless other arrangements have been previously approved in writing by the Airport Manager. THE CITY shall, as additional consideration for grant of this Use Agreement, insure that all liens, security interest and other encumbrances against said improvements and structures except those created or suffered by THE AIRPORT, whether consensual or involuntary, shall be paid, discharged or satisfied prior to time for reversion thereof to THE AIRPORT; and, in any event, the parties acknowledge that THE AIRPORT shall not, by virtue of termination of the Use Agreement 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: THE CITY 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 THE AIRPORT, 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. THE CITY further agrees to accept responsibility for not allowing unauthorized persons access to the Airport Operations Area (AOA). 13. SUBLETTING: There shall be no subletting of the premises without the prior approval of THE AIRPORT. 14. ASSIGNMENT: THE CITY shall not assign this Use Agreement without the prior written approval of THE AIRPORT, 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. THE CITY shall give preference to aeronautical activities and all assignees shall comply with all laws, ordinances, rules, regulations and policies applicable to the use and 4 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 THE AIRPORT shall not be construed to be a consent to any subsequent assignment. 15. MISCELLANEOUS PROVISIONS: A. The parties agree that THE AIRPORT, through its Airport Manager or other person authorized by the Airport Manager, may enter upon the premises to make such inspections as THE AIRPORT may deem necessary to the proper enforcement of any term, provision or condition of this Use Agreement provided that THE AIRPORT has either the consent of THE CITY or has provided THE CITY with at least forty-eight hours written notice. No such entry or inspection by THE AIRPORT is required by this provision, and the failure of THE AIRPORT to enter and make inspection shall not alter the relationship of the parties and their respective rights and duties provided by this Use Agreement. THE CITY shall be granted the right of quiet enjoyment upon performance of all terms of this Use Agreement. B. THE AIRPORT may further develop or improve Airport property and facilities, regardless of the desire or views of THE CITY regarding any such development or improvement, and without interference or hindrance on the part of THE CITY and without liability to THE CITY, provided the operations of the THE CITY are not unreasonably interrupted. C. THE AIRPORT reserves the right, but shall not be obligated to THE CITY, to maintain and keep in repair the landing area of the Airport and all publicly owned facilities of the Airport. D. THE AIRPORT reserves the right to take any action necessary or desirable by THE AIRPORT to protect the operations of the Airport against obstruction, or any other activity interfering with the efficient operation of the Airport, together with the right to prevent THE CITY 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, THE AIRPORT 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 Use Agreement shall be suspended insofar as they are inconsistent with the provisions of the lease agreement with the United States of America. 5 F. This Use Agreement shall be subordinate to the provisions of any existing or future agreement between THE AIRPORT 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 premises or any interest therein is taken as a result of the exercise of the right of eminent domain, this Use Agreement shall terminate as to such portion as may be taken. If the portion taken does not feasibly permit the continuation of the THE CITY's operations, THE CITY shall have the right to terminate this Use Agreement. Such termination shall be effective as of the date THE CITY's operations cease. THE CITY shall be entitled to a portion of the award representing its interest in the premises. THE AIRPORT shall be entitled to the remainder of the award. 16. INDEMNITY/DUTY TO DEFEND: A. At no expense to THE AIRPORT, THE CITY 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 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, 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 premises by THE CITY or as a result of THE CITY'S operations at the Airport or from any other act or omission of THE CITY, its servants, employees, agents, invitees, independent contractors or any other entity, person, firm or corporation acting on behalf of THE CITY or under its direction, whether such claim shall be by THE CITY or a third party; provided, however, that THE CITY shall not be liable for any injury, damage or loss occasioned solely by the sole negligence of THE AIRPORT, its agents or employees. THE AIRPORT shall give to THE CITY prompt and reasonable notice of any such claims or actions and THE CITY shall have the right to investigate, compromise and defend the same to the extent of its interest. B. THE CITY agrees to reimburse THE AIRPORT for any damage to the premises caused by the occupancy of THE CITY, its employees, agents, servants, invitees, independent contractors or any other person acting on behalf of THE CITY or under its direction. 6 17. INSURANCE: THE CITY shall file with THE AIRPORT a certificate of insurance, or other proof of insurance acceptable to THE AIRPORT, evidencing an insurance policy with the Board of the Yakima Air Terminal - McAllister Field, the Yakima Air Terminal - McAllister Field and the 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 THE CITY's occupancy of and activities pertaining to the 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 THE AIRPORT 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 THE AIRPORT. 18. DAMAGE OR DESTRUCTION: In the event of damage or destruction of Airport property caused by the THE CITY, its agents, employees, aircraft or other equipment, THE CITY 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 Use Agreement. THE CITY further agrees to cause such repair, reconstruction or replacement or affected property with due diligence. 19. TERMINATION: A. Either party may terminate this Use Agreement, 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 Use Agreement. B. Upon termination of this Use Agreement for any reason, THE CITY shall immediately surrender the premises to the THE AIRPORT in good condition and repair, ordinary wear and usage excepted; and THE CITY shall remove all of THE CITY'S personal property, trade fixtures, equipment or improvements removable by prior agreement with THE AIRPORT from the premises and shall repair any damage to the premises caused by such removal. Any personal 7 property of THE CITY, or anyone claiming under THE CITY, which shall remain upon the premises at the expiration or termination of this Use Agreement shall be deemed to have been abandoned and may be retained by THE AIRPORT as THE AIRPORT'S property or disposed of by THE AIRPORT in such manner as THE AIRPORT 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, THE CITY, 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 THE CITY's personnel policies and practices or in the use or operation of THE CITY's services or facilities. B. THE CITY 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. C. THE CITY 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 Use Agreement is subject to 49 CFR Part 23 as applicable. 8 The City 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 covered by 49 CFR Part 23 on the grounds of race, color, national origin or sex. 22. INTEGRATION AND SUPERSESSION: This document embodies the entire Use Agreement between the parties with respect to the subject matter herein contained and supersedes any and all former agreements with respect to the subject matter herein 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 Use Agreement 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 Use Agreement did not contain the particular provision held to be invalid. If any provision of this Use Agreement 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. 24. NON -WAIVER. The waiver by THE AIRPORT or THE CITY of the breach of any provision of this Use Agreement 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 Use Agreement. 9 YAKIMA AIR TERMINAL - McALLISTER FIELD 2400 W. Washington Avenue Yakima, Washington 98903 (509) 575-6149 - phone (509) 575-6185 - fax s .Hahn, Chairman n William Wheeler, Secretary STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that Douglas C. Hahn and William Wheeler 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/ - 6� -p �j By. �� .rtz.)/ Notary Publi_ Appointment Expires 1 /- / -® \`\��111111PIP///, `�'l 39 ............. CoOp. Ates Z• PAY • N NOVembet • 2p07 PUBO •••�C?: /�/`OF 111;1,00`�\ 10 THE CITY: CITY OF YAKIMA 129 North Second Street Yakima, Washington 98901 Phone: 509-575-6040 Signed Richard Zais STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that Richard Zais signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the City Manager of the City o akima to be the free and voluntary act of such party for the uses and purposes e instrument. Date (a — 9 - 0 By: fin¢.,,.., ,.e Notary Public Appointment Expires 5-1 . --o5 (Note: Questions regarding agreement may b CITY CONTRAC r NO: °°y' 13 `f RESOLUTION NO: aooy_ 186 11 o Greg Copeland — 575-3032) zea 41 LJ , Gc ) Ta AJ YAx/A4A 1.3 E74170 " ,e 00 Sr FT.121 `iICI 'rt • Runt►► 22'7' Observation 12oorn 22'7" • C•7 (A rzj 47 ('J Trrl( Slop . / Mir: Office 3 i4 /7'-/0" • o • N 3(. 3 V s`,c 0 I ipi -72-7 / • '9. o 6,- - , ,1 ...r 7 -4.7.:4/e; 5A/62 v/.NQ //c:E. ,/ )4 :3;'/ 776W \ C V7 '-5'4_ tEr 1 f= ar.:on...... /I 4 "5.)-• ,S44 C k'S/3.3 3 Y s F QVoc 41 `.YTE.4' 5/;' %/.NQ //e5. w f:'/J,e7-/ 776/Y Q (Ay, L -L/01 n,c7 Tv J1 1 /1 C:474( roX I DI / 0 ci • •-.••••• • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. * 11 For Meeting of 12/7/04 ITEM TITLE: A resolution authorizing the execution of a Use Agreement between the City of Yakima and the Yakima Air Terminal for additional Police Department work space. SUBMITTED BY: Chief Sam Granato Captain Greg Copeland CONTACT PERSON/TELEPHONE: Chief Granato-575-6211 Captain Greg Copeland -575-3032 SUMMARY EXPLANATION: The Yakima Police Department requests that the City Council authorize execution of an agreement increasing the amount of space used by the Police Department at the Airport. Since June 1, 2004, the Yakima Police Department has had a substation located at an office building at the Yakima Airport. The substation has allowed the Department to better serve the citizens of West Yakima. Recently, there has been some additional space that has become available, which would allow for officers using the substation to have a muster room. The space is reasonable in cost. The attached agreement contains the terms and conditions of the original agreement and adds the additional space, which is depicted in Exhibit "E" to the agreement. The cost of the additional space is an additional $225.00 per month. Resolution X Ordinance Contract X Other (Specify) Funding Source General Fund - Police Budget APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: