HomeMy WebLinkAboutR-2017-073 Airport Use Agreement with the United States Air Force (contract not executed. See R-2017-091) RESOLUTION NO. R-2017-073
A RESOLUTION authonzing an airport use agreement with the United States Air Force, to lease
property located at 2300 W Washington Avenue and 2012 S 16' Avenue to
support the 2017 Mobility Guardian military exercise
WHEREAS, The City owns and operates Yakima Air Terminal-McAllister Field in accordance with
applicable Federal, State and Local regulations, and
WHEREAS, the Yakima Air Terminal-McAllister Field has land available for lease within parcel
number 181335-31001, located at 2300 W Washington Avenue and 2012 S 16' Avenue, and
WHEREAS, the City of Yakima and United States Air Force have negotiated terms to lease a
portion of said parcel to the United States Air Force, which lease includes a license to occupy both
properties to participate in the 2017 Mobility Guardian military exercise, all terms and conditions of which
are set forth in the "Airport Use Agreement" attached hereto and incorporated herein by this reference,
and
WHEREAS, the City Council has determined that approval of such lease agreement will promote
the purposes of the Yakima Air Terminal-McAllister Field, will promote increased aviation safety as well
as the general health, safety and welfare of the citizens, and is in the best interests of residents of the
City of Yakima, Now, Therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute and administer the attached and
incorporated Airport Use Agreement with the United States Air Force, for a land lease of Yakima Air
Terminal-McAllister Field property to be used in support of the 2017 Mobility Guardian military exercise,
which lease agreement is attached hereto and incorporated herein by this reference
ADOPTED BY THE CITY COUNCIL this 20th day of June, 2017
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 6.1.
For Meeting of: June 20, 2017
ITEM TITLE: Resolution authorizing an airport use agreement with the United
States Air Force to lease property located at 2300 W. Washington
Avenue and 2012 S. 16th Avenue to support the 2017 Mobility
Guardian military exercise
SUBMITTED BY: Robert K. Peterson, Airport Director, 509-575-6149
SUMMARY EXPLANATION:
Air Mobility Command's first Mobility Guardian readiness exercise is scheduled to be held July
30 to Aug. 12, 2017, at Joint Base Lewis-McChord, Washington. Joint Base Lewis-McChord
and Fairchild Air Force Base, along with the state's Yakima Air Terminal -McAllister Field, Yakima
Training Center and Moses Lake areas, provide ideal locations to train U.S. and international
mobility air forces. More than 2,000 people are expected with members of the U.S. Air Force,
Air Force Reserve, Air National Guard and 11 international partners attending.
The exercise is expected to be the most realistic real-world, scenario -driven exercises the
command has ever undertaken. It was designed to allow the forces to "train like they fight," by
developing and improving techniques and procedures that enhance air mobility operations and
improve interoperability. Aircraft slated to visit the Yakima Air Terminal -McAllister Field are C-17
Globemaster, C-130 Hercules, KC -135 Stratotankers, Blackhawk Helicopters, and Chinook
Helicopters.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: NA
APPROVED FORcllv�
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SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Adopt Resolution
BOARD/COMMITTEE RECOMMENDATION:
N/A
ATTACHMENTS:
Description Upload Date Type
resdution 6/14/2017 Cowr Memo
Use Agreement 6/712017 Contract
AIRPORT USE AGREEMENT
BETWEEN
THE YAKIMA AIR TERMINAL-McALLISTER FIELD AND
THE UNITED STATES AIR FORCE
THIS AGREEMENT, executed this day of , 2017, between the
YAKIMA AIR TERMINAL — McALLISTER FIELD, a department of the City of Yakima,
Washington, hereinafter referred to as "YAT", and the United States Air Force, an agency
of the United States federal government, hereinafter referred to as "USER".
WITNESSETH:
WHEREAS, YAT operates the Yakima Air Terminal - McAllister Field, hereinafter referred
to as "YAT"; and
WHEREAS, YAT has approved facilities available for use as provided by this Agreement
and USER desires to use such facilities in accordance with this Agreement,
NOW THEREFORE, in consideration of the mutual promises contained herein and the
benefit to be derived by each party, the parties agree as follows:
1. PREMISES:
YAT does hereby agree to allow USER, and USER does hereby agree to use on an
"as needed basis" as defined herein:
A. approximately 9,805 square feet of land at 2012 S. 16th Ave in the City of
Yakima, Yakima County, Washington, (Exhibit "A") together with the right
of ingress to and egress from these premises and the public use
areas/facilities used in connection therewith, over the roadways and
designated Airport property outlined in Exhibit "B", subject to rules and
regulations governing the use of the Airport as said rules and regulations
now exist and as the same may be promulgated by YAT from time to time.
The YAT may, at any time hereafter, provide a specific legal description
of the premises and such description shall become a part of this
Agreement, and;
B. approximately 7,300 square feet of property on the second floor, main
terminal building located at 2300 West Washington Ave in the City of
Yakima, Yakima County, Washington, (Exhibit "C") together with the right
of ingress to and egress from these premises and the public use
areas/facilities. The YAT may, at any time hereafter, provide a specific
legal description of the premises and such description shall become a part
of this Agreement.
YAT Use Agreement 6/6/2017 page 1 of 14
1. TERM:
The term of this Agreement shall commence on July 31, 2017, and terminate on
August 12, 2017 unless otherwise terminated or extended in writing as provided
for herein. This Agreement will only be activated if the USER needs the facility
to provide access to a suitable storage hangar in support of a brief U.S. military
exercise. USER will receive a key to the building on or after July 30, 2017 at
such time as the Agreement is activated, and USER shall return the key to the
Administration Office during normal business hours upon completion of the
exercise. This agreement shall result in additional fees if the key is not returned
within 2 days of expiration of this Agreement. The key shall not be duplicated.
USER shall have the right to request to extend the original term or any future term
extension by one or more days, provided that USER delivers to YAT, not less than
twenty four (24) hours before the expiration of the current term, written notification
of its intent to extend the term and the specific length of the extension requested.
Each request shall be subject to explicit approval by YAT; if approval is not
received, the original term or latest agreed-upon term shall apply.
2. FEES:
USER promises and agrees to pay $220.00 per day for each day or portion thereof
that they use the premises. Fee payment shall be due within 30 days of use. This
daily rate shall apply whether actual usage is for a complete 24 hour period or any
fraction thereof. All payments shall be made to the City of Yakima, Accounts
Receivable, 129 N. 2nd St, Yakima, WA 98901, and shall identify this Agreement as
the basis for the payment remitted.
3. DEPOSIT:
No deposit is required for this Agreement.
4. TAXES AND LIENS:
YAT is responsible for all taxes and liens associated with premises involved in this
Agreement.
7. USE:
USER agrees to use the premises only for an aeronautical oriented activity or for
any other use that is approved by YAT and is allowed by the Master Plan and the
applicable zoning. The use of the property for any other purpose shall be deemed a
material breach of this Agreement constituting grounds for its termination. USER
further agrees at all times during use of the premises identified in this Agreement to
be courteous and respectful of members of the public when entering, exiting and
YAT Use Agreement 6/6/2017 page 2 of 14
using the lease space in the Yakima Air Terminal.
8. UTILITIES:
YAT shall be responsible for all utility services including, but not limited to, power,
natural gas, water, and sewer. Restrooms in the building identified as Premises A
are connected to a septic system and use should be limited. USER is responsible
for proper disposal of trash or garbage, and for providing adequate porta potties,
showers, and hand wash stations during the conduct of the exercise.
9. PREMISES CONDITION:
USER 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. USER agrees to pay for any improvements, repairs and/or
modifications necessary for USER's use of the premises. USER agrees that no
improvements, repairs and/or modifications to the existing premises shall be
undertaken without prior written approval by YAT.
10. MAINTENANCE:
USER agrees to keep and maintain the premises in a condition at least as good as
the condition of the premises at the beginning of USER's occupancy, normal wear
and tear excluded. USER further agrees that USER shall be responsible to
maintain all areas, buildings, trade fixtures and other improvements included in this
Agreement, existing and future, in an attractive and usable manner as determined
by the Airport Manager and consistent with other properties at the Airport.
Maintenance shall include, but not be limited to weed control, garbage and debris
removal, painting, snow removal and pavement maintenance. USER agrees to
leave the premises in a clean and neat condition upon vacation thereof.
11. SIGNS:
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.
12. IMPROVEMENTS:
All buildings, construction, trade fixtures and other improvements made to the
premises by USER shall conform to applicable rules, regulations and codes, and
USER shall procure all necessary building and other applicable permits therefore.
All buildings, trade fixtures and other improvements shall be designed with a view
toward aesthetic considerations and installation shall not commence until plans and
specifications therefore have been submitted to and approved in writing by the
Airport Manager, which approval shall not be unreasonably withheld. YAT makes
no representation or guarantee as to the suitability of the premises for construction
YAT Use Agreement 6/6/2017 page 3 of 14
of buildings, roads, ramps, etc., and is not responsible for the costs of excavation
and/or removal of any object found either above or below ground level except for
hazardous materials and archaeological artifacts existing prior to tenancy.
13. REVERSION OF IMPROVEMENTS:
In the event this Agreement is terminated due to default by USER or upon
expiration, or any extension of this Agreement as provided in Section 2 hereof, YAT
may, at its option, either accept ownership of the improvements constructed or
installed on the Premises, except for trade fixtures, or require USER to remove such
improvements within ten (10) 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 YAT.
Prior to the expiration of this Agreement, USER 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 ten (10)
days after termination become the property of the YAT unless other arrangements
have been previously approved in writing by the Airport Manager.
15. REGULATIONS:
USER 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 YAT, 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.
16. SUBLETTING:
USER shall not sublet any part of the premises.
17. ASSIGNMENT:
USER shall not assign this Agreement.
18. MISCELLANEOUS PROVISIONS:
A. The parties agree that YAT, through its Airport Manager or other person
authorized by the Airport Manager, may enter upon the premises at any reasonable
time to make such inspections as YAT may deem necessary to the proper
enforcement of any term, provision or condition of this Agreement. No such entry or
inspection by YAT is required by this provision, and the failure of YAT to enter and
make inspection shall not alter the relationship of the parties and their respective
rights and duties provided by this Agreement. USER shall be granted the right of
quiet enjoyment upon performance of all terms of this Agreement.
B. YAT may further develop or improve Airport property and facilities, regardless
YAT Use Agreement 6/6/2017 page 4 of 14
8
of the desire or views of USER regarding any such development or improvement,
and without interference or hindrance on the part of USER and without liability to
USER, provided the operations of the USER are not unreasonably interrupted.
C. YAT reserves the right, but shall not be obligated to USER, 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 USER in that
regard.
D. YAT reserves the right to take any action necessary or desirable by YAT 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
USER 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. USER 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, YAT 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 Agreement shall be
suspended insofar as they are inconsistent with the provisions of the lease
agreement with the United States of America.
F. This Agreement shall be subordinate to the provisions of any existing or
future agreement between YAT 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 Agreement shall terminate as to such portion as
may be taken. If the portion taken does not feasibly permit the continuation of the
USER's operations, USER shall have the right to terminate this Agreement. Such
termination shall be effective as of the date USER's operations cease. USER shall
be entitled to a portion of the award representing its interest in the premises. YAT
shall be entitled to the remainder of the award.
19. INDEMNITY/DUTY TO DEFEND:
A. At no expense to LESSOR, LESSEE shall defend against and indemnifyfully
and save harmless the Yakima Air Terminal - McAllister Field and its employees,
the City of Yakima and its elected and appointed officials, employees and agents,
from any and all liability, damages, suits, claims, actions, judgments or decrees,
made against the Yakima Air Terminal - McAllister Field and its employees, the City
of Yakima or its elected and appointed officials, employees and agents, including all
expenses incidental to the investigation and defense thereof, including reasonable
YAT Use Agreement 6/6/2017 page 5 of 14
attorney fees, based on or arising from the occupancy or use of the leased
premises by USER or as a result of USER'S operations at the Airport or from any
other act or omission of USER, its servants, employees, agents, invitees,
independent contractors or any other entity, person, firm or corporation acting on
behalf of USER or under its direction, whether such claim shall be by USER or a
third party; provided, however, that USER shall not be liable for any injury, damage
or loss occasioned solely by the sole negligence of YAT, its agents or employees.
YAT shall give to USER prompt and reasonable notice of any such claims or actions
and USER shall have the right to investigate, compromise and defend the same to
the extent of its interest.
B. YAT agrees to defend, indemnify and hold USER 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 premises at the inception of this Agreement
and the introduction to the premises of such materials solely due to YAT'S activities.
C. USER shall keep and hold the Yakima Air Terminal - McAllister Field and its
employees, the City of Yakima, its 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 USER resulting in
any liability under the Federal Comprehensive Environmental Response
Compensation Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq.;
Hazardous Materials Transportation Act, 49 U.S.C. 1801 et seq.; Resource
Conservation and Recovery Act, 42 U.S.C. 6901 et seq.; the Clean Water Act, 42
U.S.C. 1251 et seq.; the Washington Environmental Policy Act, RCW Ch. 43.21 C;
the Washington Water Pollution Control Act, RCW Ch. 90.48; the Washington
Hazardous Waste Management Act, RCW Ch. 70.105; the Washington Model Toxic
Control Act, RCW Ch. 70.105D, and the regulations promulgated thereunder, or
under any applicable local or state environmental ordinance, statute, law, rule or
regulation. The provisions of this Sub -section shall survive the termination of this
Agreement.
20. INSURANCE:
Not applicable.
21. DAMAGE OR DESTRUCTION:
A. TENANT IMPROVEMENTS: In the event the premises defined herein, or
improvements thereto, are partially or totally damaged by fire or other casualty, the
USER 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
insurance proceeds shall be first applied to the cost of repair or replacement of
improvements.
YAT Use Agreement 6/6/2017 page 6 of 14
HE
B. OTHER AIRPORT PROPERTY: In the event of damage or destruction of
Airport property caused by the USER, its agents, employees, aircraft or other
equipment, USER 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. USER further agrees to cause such repair,
reconstruction or replacement of affected property with due diligence.
22. DEFAULT, TERMINATION & FORFEITURE:
A. The failure by USER to pay fees in the amounts and at the times specified
herein, or the failure by USER to otherwise comply with any term, provision or
condition of this Agreement, shall constitute grounds for termination of this
Agreement and forfeiture of all fees paid by USER to the time of termination. This
Agreement and tenancy shall terminate and fees paid shall be forfeited for cause as
specified above on written notice by YAT to USER stating the amount of fee in
default or otherwise stating accurately the manner in which USER fails or has failed
to comply with this Agreement. USER shall make full payment or otherwise comply
with this Agreement in the manner specified in the notice within three (3) days from
USER's receipt of such notice, otherwise this Agreement and tenancy shall be
terminated and fees forfeited. Such notice shall be given in writing and served on
USER by personal delivery or mailed by certified mail with return receipt requested
addressed to USER at its address stated below USER's signature to this Agreement
or such other address as the parties may advise each other in writing. It is further
agreed that after receipt of notices and as an additional condition to avoid forfeiture,
USER shall pay YAT's costs and expenses, including attorney's fees, for the
preparation and service of such notice. Nothing contained herein shall release or
diminish USER's obligation to pay fees for the full term of this Agreement. Notices
shall be deemed received three (3) days after mailing to USER at the address below
USER's signature to this Agreement or such other address as the parties may
advise each other in writing.
B. As additional and not alternative remedy, optional with YAT and upon thirty
(30) days written notice to USER, should USER be in default hereunder other than
default in the payment of fees, YAT may cure or correct the same and the cost of
such action by YAT shall immediately become due and payable from USER,
together with late fees on said sum at a rate of twelve percent (12%) per annum,
and the non-payment of said sum by USER shall be adequate grounds for YAT to
invoke the other remedies as provided in this Agreement.
C. Upon termination of this Agreement for any reason, USER shall immediately
surrender the premises to the YAT in good condition and repair, ordinary wear and
usage excepted; and USER shall remove all of USER'S personal property, trade
fixtures, equipment or improvements removable by prior agreement with YAT from
the premises and shall repair any damage to the premises caused by such removal.
Any personal property of USER, or anyone claiming under USER, which shall
remain upon the premises at the expiration or termination of this Agreement shall be
YAT Use Agreement 6/6/2017 page 7 of 14
m
deemed to have been abandoned and may be retained by YAT as YAT's property
or disposed of by YAT in such manner as YAT sees fit without compensation to any
party.
23. NON-DISCRIMINATION CLAUSE:
To the extent required by law, USER, 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 USER's
personnel policies and practices or in the use or operation of USER's services or
facilities.
B. USER 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. USER 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 Agreement is subject to 49 CFR Part 23 as applicable.
USER 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.
24. NON -WAIVER:
The failure by one party 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 breach or default of this Agreement
constitute a waiver of any subsequent breach or default or a waiver of the
provision itself.
25. INTEGRATION:
YAT Use Agreement 6/6/2017 page 8 of 14
12
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.
26. JURISDICTION AND VENUE
This Agreement shall be administered and interpreted underthe laws of the State of
Washington. Jurisdiction of litigation arising from this Agreement shall be in
Washington State. If any part of this Agreement is found to conflict with applicable
laws, such part shall be inoperative, null, and void insofar as it conflicts with said
laws, but the remainder of this Agreement shall be in full force and effect. Venue
for all disputes arising under this Agreement shall be in a court of competent
jurisdiction in Yakima County, State of Washington.
27. DISPUTE RESOLUTION
In the event that any dispute shall arise as to the interpretation of this agreement, or
in the event of a notice of default as to whether such default does constitute a
breach of the contract, and if the parties hereto cannot mutually settle such
differences, then the parties shall first pursue mediation as a means to resolve the
dispute. If the afore mentioned methods are either not successful then any dispute
relating to this Agreement shall be decided in the courts of Yakima County, in
accordance with the laws of Washington. If both parties consent in writing, other
available means of dispute resolution may be implemented.
Time is of the essence of this entire Agreement.
YAT Use Agreement 6/6/2017 page 9 of 14
13
YAT:
City of Yakima
YAKIMA AIR TERMINAL - McALLISTER FIELD
2406 W. Washington Avenue, Suite B
Yakima, Washington 98903
(509) 575-6149 - phone
(509) 575-6185 - fax
Cliff Moore, City Manager Date
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Cliff Moore signed this instrument, on
oath stated that he was authorized to execute the instrument and acknowledged it as the
Interim City Manager respectively of the City of Yakima to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Date
By:
Notary Public
Appointment Expires,
YAT Use Agreement 6/6/2017 page 10 of 14
USER:
United States Air Force
Mailing Address:
Telephone:
Signature
Printed Name
STATE OF
County of _
Date
14
I certify that I know or have satisfactory evidence that signed
this instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Interim City Manager respectively of the City of Yakima to be the
free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Date
Bv:
Notary Public
Appointment Expires,
YAT Use Agreement 6/6/2017 page 11 of 14
Exhibit "A"
Exhibit '"A" to Lease Agri ernevit between
and the 'Yakirna.AiFT-effiff[Rat �-Mc�NhsteMiaid
Leased area: Building and oarkinq at 2012 Sm f6th AvenUE
Lease effective date:
Leased dr ss 2012 So. 16th Avenue
Approx. 1,450 sq, ft bulding 11
Approx. 9,ws sq, ft, parldng
G"W* Asphalt Paricing.
PuMe Picnic Are*
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YAT Use Agreement 6/6/2017 page 12 of 14
Exhibit "B"
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ashington Ave
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YAT Use Agreement 6/6/2017 page 13 of 14
YAKIMA AIR TERMINAL
2400 W. WASHINGTON AVE.
YAKIMA, WA. 98903
(509) 575-6149
RESTAURANT FACILITY - 2ND FLOOR
OF PASSENGER TERMINAL BUILDING
APPROXIMATE AREA 7,300 SQ FT.
Exhibit "C"
17
YAT Use Agreement 6/6/2017 page 14 of 14