HomeMy WebLinkAboutR-2018-083 Airport Land Lease Agreement with Gene O'Dell dba O'Dell Enterprises RESOLUTION NO. R-2018-083
A RESOLUTION authorizing an Airport Lease Agreement with Gene O'Dell dba O'Dell
Enterprises for property located at 2106 West Washington Avenue, Yakima
Air Terminal-McAllister Field
WHEREAS, City owns and operates Yakima Air Terminal-McAllister Field in accordance
with applicable Federal, State and Local regulations; and
WHEREAS, the airport has property available for lease within parcel number 181335-
24018, which property is located east of the Air Traffic Control Tower and is identified as 2106
West Washington Avenue, and
WHEREAS, the City of Yakima and Gene O'Dell dba O'Dell Enterprises have negotiated
a lease for a portion of said parcel, which lease includes a license to occupy and operate an
ambulance company within a airport owned building to provide the community with reliable
ambulance service, all of which is set forth in the"Airport Land Lease Agreement" attached hereto
and incorporated herein by this reference, and
WHEREAS, the City Council has determined that approval of the attached lease
agreement is in the best interests of the City of Yakima and will promote the purposes of the
Yakima Air Terminal-McAllister Field, 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 Land Lease Agreement with Gene O'Dell dba O'Dell Enterprise for the lease
of Yakima Air Terminal property located at 2106 West Washington Avenue in accordance with
the terms set forth therein
ADOPTED BY THE CITY COUNCIL this 6th day of August, 2018
ATTEST Ka y Coff y Mays" l ,
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Sonya, C1aar Tee, City Clerk— : J'. ''w '' z
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AIRPORT LEASE AGREEMENT
BETWEEN
YAKIM AIR TERMINAL-McALLISTER FIELD AND
EUGENE O'DELL dba O'DELL ENTERPRISES
THIS LEASE, executed this 1st day of September, 2018, between the YAKIMA AIR
TERMINAL — McALLISTER FIELD, a department of the City of Yakima, Yakima,
Washington, hereinafter referred to as "LESSOR," and EUGENE O'DELL, a single man,
hereinafter referred to as "LESSEE."
WITNESSETH:
WHEREAS, LESSOR operates the Yakima Air Terminal - McAllister Field, hereinafter
referred to as "Airport," and,
WHEREAS, LESSOR has 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 17,782 square feet of land and
12,602 square feet of building space at 2106 W Washington Ave, in the City of
Yakima, Yakima County, Washington, as that property is depicted on the drawing
marked Exhibit "A", attached hereto and by this reference made a part hereof,
together with the right of ingress to and egress from the leased 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 Agreement shall commence September 1,
2018, and terminate August 31, 2023, unless otherwise terminated as provided
for herein. Prior to the termination of this Lease, the LESSEE and LESSOR may
agree to negotiate an extension of the term of this Lease provided the LESSOR
does not have a use for terminal expansion
3. RENT:
A. September 1, 2018, through August 31, 2019: LESSEE promises and
agrees to pay rent to LESSOR at the rate of Three Thousand Two Hundred
Dollars and No Cents ($3,200.00) per month for the leased premises, made on or
before the 10th day of each month in which such payment is due. Payments shall
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be made to the City of Yakima, Accounts Receivable, 129 N. 2nd St, Yakima, WA
98901 Any rental payment past due shall accrue a delinquency charge of
eighteen percent (18%) per annum, levied monthly.
B. September 1, 2019: Effective this date, the monthly lease payment shall
be increased by one and one half percent (1.5%) as a set lease rate increase.
The lease rate shall increase by 1 5% each year thereafter, i.e. September 1,
2020, 2021, 2022 and 2023.
C. All rates set above are rental rates of property only and do not include any
taxes of any sort All applicable taxes shall be paid by LESSEE and will be
computed on the lease rate in effect at that time (See paragraph 5, below).
4. DEPOSIT:
Upon execution of this lease by both parties, LESSEE shall deposit with
LESSOR the amount of one month's rent plus applicable leasehold tax, as a
guarantee of LESSEE's performance of this Lease and the timely payment of the
rental provided for herein; in the event LESSEE shall fail to pay the rental as
provided herein, or otherwise breach this Lease, then the Airport Director may
apply such deposit, or any part thereof as may be necessary, to the payment of
rent or to the payment of damages for such breach, as well as pursue any other
remedies provided herein. If the deposit funds are applied to cure a default,
LESSEE must replenish the applied funds within three (3) days of the application
of the funds, 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.
5. 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.
6. USE:
LESSEE agrees to use the leased premises only for an aeronautical oriented
activity or only as specifically approved and authorized by LESSOR, for any other
use allowed by the Master Plan and the zoning of the property by the appropriate
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jurisdiction. The use of the property for any other purpose than that specifically
authorized and approved by LESSOR 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.
7. UTILITIES:
LESSEE shall be responsible for all utility services including, but not limited to,
power, natural gas, water, sewer, and garbage. All communications, i e
telephone, computer network support, etc remains the responsibility of LESSEE,
and LESSEE is free to install any system and/or type of service it desires in the
furtherance of its business as long as it does not interfere with airfield navigation
equipment or penetrates the Part 77 airspace.
8. PREMISES CONDITION and MAINTENANCE:
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, repairs and/or
modifications necessary to the operation of LESSEE's business. LESSEE further
agrees to maintain the premises, including all associated land therewith, in a
manner befitting and appropriate to a municipal airport, free of unsightly
structures, debris and/or non-aviation related materials, vehicles, trailers and
similar objects
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 as
reasonably determined by the Airport Manager and consistent with other
properties at the Airport.
Maintenance shall include, but not be limited to, garbage and debris removal, ash
removal, painting, and snow removal
9. 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 Director and if
required, the City of Yakima Codes Department, which approval shall not be
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unreasonably withheld.
10. IMPROVEMENTS:
All buildings, trade fixtures and other improvements to the leased property by
LESSEE shall conform to applicable rules, regulations and codes, and LESSEE
shall procure all building and other permits therefore All buildings, trade fixtures
and other improvements shall be designed with a view toward aesthetic
considerations; installation shall not commence until plans and specifications
therefore have been submitted to and approved in writing by the Airport Director,
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 object found either above or below ground
level except for hazardous materials and archaeological artifacts existing prior to
tenancy.
11. REVERSION OF IMPROVEMENTS:
Upon termination of this Lease for any reason, LESSOR may, at its option, either
accept ownership of the improvements constructed or installed on the Premises,
excepting trade fixtures, or require LESSEE to remove such improvements within
sixty (60) days of such termination. Such removal shall include removing the
foundation, utilities and other land improvements and restoring the land to grade
level. LESSOR shall notify LESSEE of its intent within twenty (20) days of the
termination. Fixtures not removed within sixty (60) days after termination shall
become the property of the LESSOR unless other arrangements have been
previously approved in writing by the Airport Manager.
Prior to the expiration or cancellation of this Lease, if LESSOR elects not to
retain ownership of improvements 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. LESSOR shall notify
LESSEE of its intent within sixty (60) days of the cancellation or expiration.
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
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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
13. SUBLETTING:
LESSEE shall not sublet any part of the premises without the prior written
approval of LESSOR, such approval not to be unreasonably withheld. 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. 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 sub-lease, shall consider the extent of the aeronautical activities performed on
the premises
Any income to LESSEE derived from sub-leasing shall be distributed to LESSOR
in accordance with its policy on SUB-LEASING INCOME in effect at the time of
the final execution of this Lease.
14. ASSIGNMENT:
LESSEE shall not assign this Lease without the prior written approval of
LESSOR. Such assignment shall be in conformance with all applicable Airport
regulations, local, state and federal laws, ordinances, rules, regulations and
policies 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 Director or other
person authorized by the Airport Director, 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
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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, 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 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 LESSEE from erecting or permitting to be erected, any building or other
structure on the Airport which, in the opinion of the Airport Director, would limit
the usefulness 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 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.
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16. INDEMNITY/DUTY TO DEFEND:
A. At no expense to LESSOR, LESSEE shall defend against and indemnify fully
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, judgements 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 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 person acting
for or 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 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.
C. 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 LESSOR'S activities or under its control
D. LESSEE 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
LESSEE 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. 43.21C, the Washington Water Pollution Control Act, RCW Ch.
90.48, the Washington Hazardous Waste Management Act, RCW Ch. 70.105;
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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 Lease.
17. INSURANCE:
LESSEE shall provide LESSOR a certificate of insurance or other proof of
insurance acceptable to LESSOR, evidencing an insurance policy naming the
City of Yakima, its elected and appointed officials, officers, employees, agents
and volunteers, together with the Yakima Air Terminal - McAllister Field, as
additional insureds. Limits of Comprehensive General Liability insurance
coverage not less than $2,000,000 (Two Million Dollars) per occurrence for bodily
injury and property damage covering LESSEE's occupancy of and activities
pertaining to the leased premises. Furthermore, LESSEE shall provide tenant
legal liability insurance coverage in the amount of not less than $100,000 (One
Hundred Thousand Dollars).
LESSEE specifically agrees that insurance limits shall be reviewed at least every
five (5) years and that LESSOR may 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
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 is admitted in the State of Washington or other such carriers as shall be
acceptable to LESSOR.
18. DAMAGE OR DESTRUCTION:
A. TENANT IMPROVEMENTS: In the event the construction in accordance
with SECTION 10-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 insurance
proceeds shall be first applied to the cost of repair or replacement of
improvements.
LESSEE may elect not to repair or replace said construction or improvements
LESSEE shall advise 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. The insurance proceeds shall be used for such
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restoration and the balance divided between the LESSOR and LESSEE as their
interest bear in accordance with a straight line depreciation schedule. The
straight line depreciation schedule shall be over the initial term of the lease and
shall begin to run on the lease effective date. The amount so depreciated shall
vest in the LESSOR. LESSOR shall notify LESSEE of its intent within thirty (30)
days of receipt of LESSEE's notification. If LESSOR elects to have LESSEE
remove the improvements, LESSEE shall have sixty (60) days to do so.
B. OTHER AIRPORT PROPERTY: 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. In such case, LESSEE shall be entitled to
retain the insurance proceeds.
19. DEFAULT, TERMINATION & FORFEITURE:
A. The failure by LESSEE to pay rent in the amounts and at the times
specified herein, or the failure by LESSEE to otherwise comply with any term,
provision or condition of this Lease, shall constitute grounds for termination of
this Lease and forfeiture of all rent paid by LESSEE to the time of termination.
This Lease and tenancy shall terminate and rent paid shall be forfeited for cause
as specified above on written notice by LESSOR to LESSEE stating the amount
of rent in default or otherwise stating accurately the manner in which LESSEE
fails or 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 within
thirty (30) days (except ten (10) calendar days for payment of rent) from
LESSEE's receipt of such notice, otherwise this Lease and tenancy shall be
terminated and rent forfeited. Such notice shall be given in writing and served on
LESSEE by personal delivery or mailed by certified mail with return receipt
requested addressed to LESSEE at its address stated below LESSEE's
signature to this Lease 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, LESSEE shall pay LESSOR's costs and
expenses, including attorney's fees, for the preparation and service of such
notice. Nothing contained herein shall release or diminish LESSEE's 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 term of this Lease. Notices shall
be deemed received three (3) days after mailing to LESSEE at the address
below LESSEE's signature to this Lease or such other address as the parties
may advise each other in writing.
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B. As additional and not alternative remedy, 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%) per annum, and the non-payment of said sum by
LESSEE shall be adequate grounds for LESSOR to invoke the other remedies as
provided in this Lease
C. 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. INSOLVENCY:
In the event LESSEE is declared bankrupt by a court of competent jurisdiction or
in the event LESSEE makes an assignment for the benefit of creditors, or if a
receiver otherwise is appointed for LESSEE, or in the event LESSEE's leasehold
estate is subjected to execution to satisfy any judgment against LESSEE, then in
that event 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.
21. VENUE, ATTORNEY FEES:
In the event of litigation to enforce the rights and obligations hereunder, venue
shall lie in a court of competent jurisdiction in Yakima County, Washington and
the prevailing party shall be entitled to its reasonable attorney fees in addition to
court costs.
22. NON-DISCRIMINATION CLAUSE:
To the extent required by law, LESSEE, for itself, its personal representative,
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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
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.
23. AIRPORT SECURITY AND ACCESS CONTROL.
A. Access to Non-Movement Area/Ingress and Egress. LESSEE is granted only
that vehicular and/or pedestrian access which is reasonably necessary to allow
LESSEE access to the hangar ramp/apron once LESSEE is on Airport property.
Vehicular access to and egress from Airport by the LESSEE shall be made into
and out of only Airport Gate No. S2106, vehicle gate
B. Vehicular or pedestrian access to any and/or all movement areas, whether
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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, exclusive of aircraft loading ramps, aircraft
parking areas, and aircraft aprons and tie down spaces.
C. There will be one Authorized Signatory for airport security, airport ID, and
access control for the entire lease area.
D. Access Identification (ID) 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.
E. A request by the LESSEE for an additional card(s) shall be made in writing
stating through the Authorized Signatory providing the reason(s) or rationale why
an additional card(s) is/are 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
fine and costs associated with the issuance of a new or replacement badge in
effect at that time.
F. The control and monitoring of 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 or stolen Airport-
issued access cards shall be reported immediately by any means possible to
Airport Administration, whereupon the loss or theft will 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.
G. Fraud and Intentional Falsification of Records.
(1) No person may make any 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
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H. Security Responsibilities No person may:
(1) Tamper or interfere with, compromise, 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) Enter, 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 used, or cause to be used, any Airport-issued or
Airport-approved identification medium that authorizes the access,
presence, or movement of persons or vehicles in secured areas in any
other manner than that for which it was used by the appropriate authority.
I. "Non-Movement Area Certification of Training — Application for Permit to
Operate Ground Vehicles at the Yakima Air Terminal" Any person given
vehicular access to the Airport shall be required to read, apply for and pass the
test associated with the current edition of the Airport Driving Rules & Regulations
document provided by the Airport to qualify for access to the Airport. A copy of
the application and test will be kept in the LESSEE's File
J. Airport Safety and Security 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 take
possession of the tie down.
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25. OFFICIAL NOTIFICATIONS: All notices, requests and other communication
under this Agreement shall be effectively given only if in writing and sent by
United States certified mail, returned receipt requested, postage prepaid, or by
nationally recognized and receipted overnight courier service (e.g. FedEx, UPS,
DHL, or Airborne Express) guaranteeing next business day delivery, addressed
as follows:
If to LESSOR.
Robert K. Peterson, Airport Director
Yakima Air Terminal-McAllister Field
2406 W. Washington Ave, Suite B
Yakima, WA 98903
(509) 575-6149
Rob.Peterson(a�yakimawa.gov
(509) 575-6260
If to LESSEE:
EUGENE O'DELL
O'Dell Enterprises
2106 West Washington Avenue #4
Yakima, Washington 98903
(509) 453-2685
26. 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.
27. 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
Time is of the essence of this entire Lease.
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LESSOR:
YAKIMA AIR TERMINAL - McALLISTER FIELD
2406 W. Washington Avenue, Suite B
Yakima, Washington 98903
(509) 575-6149 - phone
(509) 575-6185 - fax
(' . 7 ,�(s;
Cliff Moo , City Manager Date
CITY CONTRACT NO:
STATE OF WASHINGTON �/�`' �-�lG'
RESOLUTION NO: 2. 0111-. l6i -5
County of Yakima
I certify that I know or have satisfactory evidence that Cliff Moore signed this instrument,
on oath stated that they were authorized to execute the instrument and acknowledged it
as the City Manager with the City of Yakima to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
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LESSEE:
EUGENE O'DELL
O'Dell Enterprises
2106 West Washington Avenue #4
Yakima, Washington 98903
(509) 453-2685
�V 7—zG- /
Eugen 'Dell Date
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Mr. Eugene O'Dell signed this
instrument, on oath stated that they were authorized to execute the instrument and to
be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
1
Item No. 6.G.
For Meeting of: August 6, 2018
ITEM TITLE: Resolution authorizing an Airport Lease Agreement with Gene
O'Dell dba O'Dell Enterprises for property located at the Yakima Air
Terminal -McAllister Field
SUBMITTED BY: Robert K. Peterson, Airport Director, 509-575-6149
SUMMARY EXPLANATION:
The Yakima Air Terminal -McAllister Field owns and manages a variety of properties, buildings,
and hangars located at the airport. Depending on the size and location of the building the airport
allows various corporations the ability to lease these buildings in order to support the company's
operations. Leases involving airport buildings traditionally fall under 5 year agreements to assure
consistency with services provided on airport property. This proposed agreement with O'Dell
Enterprises allows both aviation and non -aviation uses depending on which side of the building
faces the airport. The south -side of this building provides ample aircraft storage for
approximately 6 small General Aviation aircraft where as the north -side provides ample office
space forALS ambulance services. The lease will generate $38,400 per year in revenue to
support Airport operations.
ITEM BUDGETED:
Yes
STRATEGIC PRIORITY: Economic Development
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
Adopt Resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description
O Resdution
O Lease Agreement
Upload Date
7/20/2018
7/23/2018
2
Type
Res ol ution
tract
Extension of Contract No. YAT-R-2018-136/2018-083
For
Contract Lease Agreement Between Yakima Air Terminal-McAllister field
and Eugene O'Dell dba O'Dell Enterprises
This Extension of the existing Contract No. YAT-R-2018-136/2018-083 entitled"Contract
Agreement Between Yakima Air Terminal-McAllister field and Eugene O'Dell dba O'Dell
Enterprises," and entered into on September 1, 2018 (hereafter the "Contract") with Eugene
O'Dell dba O'Dell Enterprises (hereafter "Contractor") is between the City of Yakima (hereafter
the "City") and Contractor.
Whereas, the City entered into City Contract Resolution YAT-R-2018-136/2018-083 with
Contractor for the purpose of Airport Lease Agreement; and
Whereas, the original term of said Contract, including extensions thereunder, currently
terminates on August 31, 2023; and
Whereas, the parties agree to a 60-day extension to allow for negotiations for a new lease
agreement;
Now, therefore, the City and Contractor agree to the following contract extension of the
existing Contract, under the conditions set forth:
The term of Contract No. YAT-R-2018-136/2018-083 is hereby extended for 60
days from August 31, 2023, THROUGH October 30, 2023, or until a new lease
agreement is executed, whichever comes first, at which time Contract No. YAT-R-
2018-136/2018-083 shall terminate, unless sooner terminated by either party in
accordance with the terms of the Contract.
Except as expressly modified herein, all other terms and conditions of the above-
referenced Contract No. YAT-R-2018-136/2018-083 between the City of Yakima and Eugene
O'Dell dba O'Dell Enterprises shall remain in full force and effect.
�'.A(;1.:
Contract No. YAT-R-2018-136/2018-083 Extension 1
LESSOR
CITY OF YAKIMA
AIRPORT
YAKIMA AIR TERMINAL — MCALLISTER FIELD
2406 W. Washington Avenue, Suite B
Yakima, Washington 98903
(509) 575-6149 — phone
(509) 575-6185 —fax
elkitZ0/3
By: Date:
Robert Harrison, CityQQManager
CITY CONTRACT N / G'/3(aea.14
RESOLUTION NO. �m -0 ,Ap,KIMq`41%
ATTEST: %; * ••
By: ;h��
_ a I s* %SEAL
Rosalinda Ibarra, City Clerk 'ii ry••.. •, o?:
vv.::G-_•
STATE OF WASHINGTON )
ss
County of Yakima )
I certify that I know or have satisfactory evidence that Robert Harrison 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, Washington to be the free
and voluntary
/act of such party for the uses and purposes mentioned in the instrument.
Date r'1—ts . ( W
GOrL io P'9%��''% By: �A Jt
•. N 0 Notary Public wr the St4te of Washington
: NO TAR), 9. Residing at: tketti Ma
No. 107265 = Appointment Exi5ires 7-1,1 Sr
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PAGE 2
Contract No. YAT-R-2018-136/2018-083 Extension 1
LESSEE
Eugene O'Dell
O'Dell Enterprises
2106 W. Washington Ave, #4
Yakima, WA 98903
(509) 952-6028 — Cell Phone
By: Date -- / C- 2U 7-3
Eugen Dell
STATE OF WASHINGTON )
ss
County of Yakima )
I certify that I know or have satisfactory evidence that Eugene O'Dell signed this
instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Owner of O'Dell Enterprises, to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Date $its-!a3
By: ! ,(�tirr
0��11111111114., Nota ublicLfor the State of Washington
��•• Residing at: yil/6sflh#Y Wig
Appointment Expires jh%I,GO a(p
NOTARY P .• _
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- UBLIG
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Contract No. YAT-R-2018-136/2018-083 Extension 1