HomeMy WebLinkAboutMission Support Alliance, LLC - Airport Rental AgreementLESSEE:
LESSOR:
PURPOSE;
LEASE AGREEMENT 47206
AMENDMENT NO. 04
MISSION SUPPORT ALLIANCE, LLC.
1981 SNYDER STREET
RICHLAND, WASHINGTON 99354
YAKIMA AIR TERMINAL-MCALLISTER FIELD
2406 W. WASHINGTON AVE, SUITE B
YAKIMA, WASHINGTON 98903
AMENDMENT NO. 04 TO
AIRPORT RENTAL AGREEMENT
47206 FOR LEASE OF YAKIMA AIR
TERMINAL PROPERTY IN YAKIMA,
WASHINGTON
AIRPORT RENTAL AGREEMENT BETWEEN
YAKIMA A|RTERMUNALMCALUSTER FIELD AND
MISSION SUPPORT ALLIANCE, LLC.
AMENDMENT#O4
THIS YAKIMA A|0 TERMINAL-MCA008TE0 FIELD AND MISSION SUPPORT ALLIANCE, LLC.
AIRPORT RENTAL AGREEMENT AMENDN8ENT#Q4, is executed this 25th day of January, 2031,
between Mission Support Alliance, LLC, (hereinafter called "LESSEE"), with its principal place of
business located in Richland, Washington, and Yakima Air Terminal -McAllister Field, a
department of the City of Yakima, Washington, (hereinafter called "LESSOR") with its principal
place ofbusiness located inYakima, Washington.
WITNESSETH THAT: (REVISED)
WHEREAS, LESSOR operates the Yakima Air Terminal -McAllister Field; and
WHEREAS, the Yakima Air Terminal — McAlister Field, entered Airport Lease Agreement 47206
on the 11t day of December, 1986, between the parties designated therein; and
WHEREAS, Mission Support Alliance, LLC, the current LESSEE identified in said Airport Rental
Agreement 47206, together with the Amendments thereto, has presented a written request to
assign the Rental Agreement to another Department of Energy (DOE) Contractor, to wit, Hanford
Mission Integration Solutions, LLC. (hereafter "HM|S");and
WHEREAS, effective January 25,IO21,Mission Support Alliance, LLCshall assign all interests and
obligations under this lease agreement to HM|S, operating under Prime Contract
89303320DEM000031. This action was taken in accordance with the applicable rental assignment
provision and as directed by the United States Department of Energy as part of the transition of
Mission Support Alliance, LLC.s responsibilities to HM|S, a new Hanford Contractor. No other
changes were made.
NOW THEREFORE, the parties now desire to amend the Lease as set forth below; and in
consideration of the promises herein contained, the Lessee and Lessor agree as follows:
Lessee Mission Support Alliance, LLC., hereby assigns its interest in the Airport Rental Agreement,
City Contract No. 47206, to Hanford Mission Integrated Solutions, LLC., with approval of the Lessor
City of Yakima.
In addition to the assignment, the following Articles of the Airport Rental Agreement 47206 are
amended asfollows:
l' ARTICLE 4—RENEWAL
This Agreement shall renew annually on January 111 of each calendar year, unless either
party shall give the other thirty (30) days prior written notice ofits intent toterminate this
2' ARTUCLEG—RENTAL
LESSEE agrees to pay the annual rental rate of $285.10 for FY21, plus the annual leasehold
tax in the amount of $36.61, for a total annual rental amount of $321.71, which rent
payment shall be made annually, in advance, on or before the last day of January each year.
All other provisions, terms, and conditions of the aforementioned Airport Rental Agreement 47206,
as previously amended by Amendment No.'s 1, 2 and 3, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have signed this Amendment No. 4onthe day and
year written below:
YAN|MA AIR TERMINAL 'McAL0STERFIELD
24O6VV.Washington Avenue, Suite 8
Yakima, Washington 9Q9O8
(SO9)57S-6149'phone
(S09)575'81QS-fax
Bob Harrison, City Manager
STATE C)FVVA5H|NGTON
County of Yakima
CITY CONTRACT °�2012 1-0 10
I certify that I know or have satisfactory evidence that Bob Harrison signed this instrument, on oath
stated that he is authorized to execute this instrument and acknowledged it as the City Manager to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Notary Public (
Appointment Expires 9,
t'a
04
tAOTARY
,1:�°�~VP�
LESSEE:
Elizabeth Wright
Mission Support Alliance, LLC.
1981 Snyder Street
Richland, WA 99354
PHONE: 541-720-6796
elizabeth r wright@JI.gov
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Elizabeth Wright signed this instrument and
acknowledged it to be free and voluntary act for the uses and purposes mentioned in the
instrument.
Date
By: t-i
Notary Public
Appo'ntment Expires
Signature
TE:PpAKE
NOTARY PUBLIC #104876
STATE OF WASHINGTON
COMMISSION EXPIRES
OCT EP20,2O24
Date
AIRPORT RENTAL AGREEMENT
rat--;
THIS AGREEMENT, executed this - day .
1987, by and between the YAKIMA AIR TERMINA- BO RD, an agency of
the City and County of Yakima, Washington, hereinafter called the
BOARD, and Battelle Memorial Institute, a Washington corporation,
herein called the LESSEE:
W I T N E S S E T H:
WHEREAS, the BOARD owns and operates the Yakima Air Terminal and
has approved ground space available for lease as provided by this
Agreement, and LESSEE desires to occupy and use such space 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: The BOARD does hereby lease and let unto
LESSEE, and LESSEE does hereby hire and take from the BOARD,
approximately 225 square feet of ground space at the Yakima Air
Terminal in the City of Yakima, Yakima County, Washington, as
that space 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 over and across common public access ways. LESSEE
agrees not to hinder access to the airfield by other tenants.
2. TERM: The tenancy created by this Agreement shall
commence on December 1, 1986, and expire on November 30, 1987.
r
3. RENEWAL: This agreement shall renew annually through fl,"nri)dtherii
e• -
Novembr----alr; 1996, unless either party shall give the other
..-
thirty (30) days prior written notice of its intent to terminate
the agreement.
4. RENTAL: A. LE SEE promises and agrees to pay rental to
the BOARD at the rate of 22.00 per year for the leased
premises, which payment sh I be made annually, in advance, on or
before the last day of December each year. Payments shall be
made to the Yakima Air Terminal Board, Airport Manager's office
at the Yakima Air Terminal. Any rental payment past due shall
l accrue a deinquency charge of eighteen percent (18%) per annum. 0"erj
,c / '4'0 f-nittft
The annual rental shall be recalculated by the Board each
r PG'
December 1. The new annual rental shall be calculated as Itr•I':19.). 5. Ft$
follows: The base rent is established at $122.00. Annual rent afr-r.„7-',,Q4q,cN
for the renewal terms shall be increased based on the same 14/ ,
percentage rate of increase in the Unites States Bureau of Labor",-, lidO7
afe'd.vr '2,,,y,
Statistics Consumer Price Index for all Urban Conuumers (Seattle- /
Everett area) (1967=100) from the starting date of September 1,
1986, to the immediately preceding September of the renewal year., 3./c,'/e,,,
The base rent shall not be decreased in the event of
in the Consumer Price Index.
,e.
fl,
31. 4gp5, ,
I 77-:r/' /
IC7/
c,', 7 L7..'.-.
a decrease h4cir---2474P1-.0_
5. TAXES AND LIENS: In addition to the rental reserved in
Section 3 of this Agreement, LESSEE promises and agrees to pay,
as the same become due and payable, all license fees and taxes,
including but not limited to the leasehold excise tax (R.C.W.
81.29 A), required to be paid by LESSEE by reason of this lease
Agreement for 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.
6. UTILITIES, MAINTENANCE AND IMPROVEMENTS: LESSEE shall
be responsible for paying for all electrical power and shall also
be responsible for paying for any other utility service to the
leased premises. LESSEE accepts the property "as -is" and shall
also obtain and pay for its own maintenance services and any
improvements to the property required by LESSEE'S operations.
All improvements must be approved in writing by the Airport
Manager prior to affixation.
7. USE: LESSEE promises and agrees to use the leased
premises as an air monitoring site. The use of the premises for
any other purpose shall be deemed a material breach of this
Agreement constituting grounds for its termination.
8. SUBLETTING ASSIGNMENT: LESSEE shall not assign nor
otherwise transfer this lease Agreement nor sublet the leased
premises or any part thereof without first obtaining written
consent of the BOARD; and such consent may be given or withheld
at the discretion of the BOARD, but such consent shall not be
unreasonably withheld.
9. INDEMNITY AND WAIVER: LESSEE shall defend the BOARD
against, and indemnify and hold the BOARD harmless from, every
claim of any nature whatsoever involving Airport property or
facilities made against the BOARD based on or arising from the
occupancy of the leased premises by LESSEE or from any act or
omission of LESSEE, its employees, agents or any other person
acting on behalf of LESSEE or under its direction. LESSEE shall
file with the BOARD a certificate of insurance, or other proof of
insurance acceptable to the BOARD, providing comprehensive
liability insurance coverage in amounts of not less than $ 00,000
combined single limit bodily injury and property damage
liability.
10. REGULATIONS: LESSEE agrees to comply with all laws,
ordinances, rules and regulations applicable to the use and
operation of Yakima Air' Terminal property, facilities and
operations as those laws, ordinances, rules and regulations now
exist or may hereafter become effective so as to apply to the
occupancy and use by LESSEE of the leased premises and the
conducting of LESSEE's operations thereon or therefrom.
11. MISCELLANEOUS PROVISIONS
2
(a) The parties agree that the BOARD through its
Airport. Manager, or other person authorized by either of them,
may enter upon the leased premises at any reasonable time to make
such inspections as the BOARD may deem expedient to the proper
enforcement of any term, provision or condition of this lease
Agreement; provided, no such entry and inspection by the BOARD is
required by this Agreement, and the failure of the BOARD to enter
and make inspection shall not alter the relationship of the
parties and their respective rights and duties provided by this
Agreement.
(b) The BOARD may further develop or improve Yakima Air
Terminal property and facilities as it deems desirable,
regardless of the desire or views of LESSEE in connection with
any such development or improvement, and without interference or
hindrance on the part of LESSEE and without liability to LESSEE.
(c) The BOARD 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) The BOARD reserves the right to take any action
deemed necessary or desirable by the BOARD to protect the aerial
approaches of the airport against obstruction, together with the
right to prevent LESSEE from erecting, or permitting to be
erected, any building or other structure on the Yakima Air
Terminal which, in the opinion of the Airport Manager, would
limit the usefulness of the Yakima Air Terminal or constitute a
hazard to aircraft.
(e) During the time of war or national emergency, the
BOARD shall have the right to lease the landing area or any part
thereof to the United States Government for military use, and, if
any such lease is executed, the provisions of this lease
Agreement shall be suspended insofar as they are inconsistent
with the provisions of the lease Agreement with the United States
Government.
(f) This lease Agreement shall be subordinate to the
provisions of any existing or future agreement between the BOARD
and the United States of America relative to the operation or
maintenance of the Yakima Air Terminal, the execution of which
has been or may be required as a condition precedent to the
expenditure of federal funds for the development of the Yakima
Air Terminal, and is further subordinate to applicable rights of
eminent domain,
12. TERMINATION AND FORFEITURE: The failure by LESSEE to
pay rental 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 Agreement, shall constitute
grounds for termination of this Agreement and the tenancy hereby
3
created and for forfeiture of all rental paid by LESSEE to the
time of termination. This Agreement and tenancy shall terminate
and rental paid shall be forfeited for cause as specified above
on written notice by the BOARD to LESSEE stating the amount of
rental in default or otherwise comply with this Agreement in the
manner specified in the notice within tan (70) days from LES3BE'a
receipt of such notice (except three (3) days notice for default
in payment of rent), otherviso this Agreement and tenancy shall
be terminated and rental forfoited. Such notice shall be given
in writing and personally served on LESSEE in the manner providvd
by law for service of summons and compla1nt, or mailed by
certified mail with return receipt requested addressed to LESSEE
at its address stated below LESGEE/s signature to this &greement.
LE35EB/s obligation to pay the remainder of roots due hereunder
shall abate only to the extent rental income in received from a
succeeding tenant, if at all.
13. NON-DISCRIMINATION CLAUSE: In the event 'LESSEE engages
in service to the public in its business conducted on or from the
leaned Areminas, LESSEE agrees and promises to furnish such
services to the public on o fair, equal and not unjustly
discriminatory basis to all uaora thereof, and to charge fair,
reasonable, and not unjustly discriminatory discounts, rebates or
other similar types of price reductions to volume purchasers of
LE3SEE/s services. LESSEE further promises and agrees that it
will not, on the grounds of race, color, or national origin,
discriminate or p(,rmit discrimination against any person or group
of persons in any manner prohibited by federal law and
regulations. L833OE'o breach of any promise or agreement
contained in this Section shall constitute grounds for the
termination of this Agreement, and in addition thereto, the BOARD
shall have the right to take such nt.ber remedial action as the
United States Government may direct.
14. INSOLVENCY: In the event LESSEE, is declared bankrupt
by g court of competent jurisdiction or in the event LESSEE makes
an assignment for the benefit of creditors, or if s receiver
otherwise is appoiotud for LESSEE, or in the event LESSEB`s
laaoobnId estate is subjected to execution to satisfy any
judgment against LESSEE, then in that event the BOARD 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
Agreement and the tenancy hereby created shall ebsnlutoI-y
terminate, but without prejudice to any remedies which might
otherwise he available to the BOARD for collection of past due or
future rent for any breach by LESSEE of any covenants contained
in this Agreement.
15, VENUE, ATTORNEY FEES: In the event of litigation to
enforce the rights and obligations hereunder` venue shall lia jr,
Yakima County Superior Court, and the prevailing party shall be
entitled to its reasonable attorney feep in addition to court
costo'
4
16. INTEGRATION: This document embodies
Agreement of the parties with respect to the su
herein contained. No amendments or modificatic
enforceable unless in writing, signed by the p
Time is of the essence of this entire Agreemen
Executed as of the day and year first abov
YAKIMA AIR TER -
<7.7-
iam F Alrnon, Chairman
Don Heinen,
STATE OF WASHINGTON)
ss.
County of Yakima )
I certify that I know or have satisfactory evidence that William
F. Almon and Don Heinen signed this instrument, on oath stated
that they were authorized to execute the instrument and
acknowledged it as the Chairman and Secretary of the Yakima Air
Terminal. Board to be the free and voluntary act of such party for
the uses and purposes mentioned in the instrument.
Dated: LT
'
\
Not Public
Business Agent, Yakima Air Terminal
Appointment expires 12-10-90
5
PACIFIC N WEST ABORA.TORIES
BATTEL MEMO'l l NSTITUTE
Title: Tanager, Laboratory Subcontracting
p+ =-e +,1 c S L C I-- K.3 - ,1 1
P 0 Box 999
Richland, Washington 99352
(509) 375-2230
ATTEST:
Title:
STATE OF WASHINGTON)
) ss.
County of Benton
Subcontract Specialist
I certify that I know or have satisfactory evidence that
Dan Raap a n d
Ellen F1cCoy signed
this instrument, on oath stated that they were authorized to
execute the instrument and acknowledged it as the
Manager, Laboratory Subcontracting and Subcontract Specialist
of Pacific Northwest Laboratories, Battelle Memor ai institute
to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated: / / 2
Notary Public
Title:
Appointment expires:
6
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AIRPORT RENTAL AGREEMENT
THIS AGREEMENT, executed this 25th day of November, 1985, by and
between the YAKIMA AIR TERMINAL BOARD, an agency of the City and
County of Yakima, Washington, hereinafter called the BOARD, and
Battelle Memorial Institute, a Washington corporation, herein
called the LESSEE:
WITNESSETH:
WHEREAS, the BOARD owns and operates the Yakima Air Terminal and
has approved space available for lease as provided by this
Agreement, and LESSEE desires to occupy and 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: The BOARDdoes hereby lease and let unto
LESSEE, and LESSEE does hereby -We and take from the BOARD,
certain ground space at the Yakima Air Terminal in the City of
Yakima, Yakima County, Washingtonas that space 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 premisesover and across common
public access ways. LESSEE agrees not( to hinder access to the
airfield by other tenants.
2. TERM: The tenancy created by this Agreement shall
commence on December 1, 1985, and expire off —November 30, 1986.
3. RENTAL: A. LESSEE promises and agrees to pay rental to
the BOARD at the rate of $120.00 per year for tine leased
premises, which payment shall be made annually_in.-advance.
Payments shall be made to the Yakima Air TerminalBoard, Airport
Manager's office at the Yakima Air Terminal. Ansiental payment
past due shall accrue a delinquency charge of eigh'teen percent
(18%) per annum.
4. TAXES AND LIENS: In addition to the rental reserved in
Section 3 of this Agreement, LESSEE promises and agrees to pay,
as the same become due and payable, all license fees and taxes,
including but not limited to the leasehold excise tax (R.C.W.
81.29 A), required to be paid by LESSEE by reason of this lease
Agreement for 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.
5. UTILITIES, MAINTENANCE AND IMPROVEMENTS: LESSEE shall
be responsible for installing a meter and paying for all
electrical power, and shall also be responsible for paying for
any other utility service to the leased premises. LESSEE accepts
the property "as -is" and shall also obtain and pay for its own
maintenance services and any improvements to the property
required by LESSEE'S operations. All improvements must be
approved in writing by the Airport Manager prior to affixation.
6. USE: LESSEE promises and agrees to use the leased
premises as an air monitoring site. The use of the premises for
any other purpose shall be deemed a material breach of this
Agreement constituting grounds for its termination.
7. SUBLETTING ASSIGNMENT: LESSEE shall not assign nor
otherwise transfer this lease Agreement nor sublet the leased
premises or any part thereof without first obtaining written
consent of the BOARD; and such consent may be given or withheld
at the discretion of the BOARD, but such consent shall not be
unreasonably withheld.
8. INDEMNITY AND WAIVER: LESSEE shall defend the BOARD
against, and indemnify and hold ihVryiviNteiSrilapn_DFAR,0 oi fgg„ ypti9).-4„,
claim of any nature whatsoever/made against t e /ease on o
arising from the occupancy of the leased premises by LESSEE or
from any act or omission of LESSEE, its employees, agents or any
other person acting on behalf of LESSEE or under its direction.
LESSEE shall file with the BOARD a certificate of insurance, or
other proof of insurance acceptable to the BOARD, 00a04 WOWXXX
4,12.14,
XXX t 4kov x9obt>txxk 4 444)M; .‘4 ?(Xg 4; XPDXY04 4V: 1 ax xg. 441 4. igt X
)007(x,e0(xxproviding comprehensive liability
insurance coverage in amounts of not less than $250,000 for one
person and $500,000 for any one accident involving injury to more
than one person, with property damage insurance in the minimum
amount of $250,000 for any one accident covering LESSEE'S
occupancy of and activities pertaining to the leased premises.
+0
144:4.
9. REGULATIONS: LESSEE agrees to comply with all laws,
ordinances, rules and regulations applicable to the use and
operation of Yakima Air Terminal property, facilities and
operations as those laws, ordinances, rules and regulations now
exist or may hereafter become effective so as to apply to the
occupancy and use by LESSEE of the leased premises and the
conducting of LESSEE's operations thereon or therefrom.
10. MISCELLANEOUS PROVISIONS
(a) The parties agree that the BOARD through its
Airport Manager, or other person authorized by either of them,
may enter upon the leased premises at any reasonable time to make
such inspections as the BOARD may deem expedient to the proper
enforcement of any term, provision or condition of this lease
Agreement; provided, no such entry and inspection by the BOARD is
required by this Agreement, and the failure of the BOARD to enter
and make inspection shall not alter the relationship of the
parties and their respective rights and duties provided by this
Agreement.
(b) The BOARD may further develop or improve Yakima Air
Terminal property and facilities as it deems desirable,
regardless of the desire or views of LESSEE in connection with
any such development or improvement, and without interference or
hindrance on the part of LESSEE and without liability to LESSEE.
(c) The BOARD 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) The BOARD reserves the right to take any action
deemed necessary or desirable by the BOARD to protect the aerial
approaches of the airport against obstruction, together with the
right to prevent LESSEE from erecting, or permitting to be
erected, any building or other structure on the Yakima Air
Terminal which, in the opinion of the Airport Manager, would
limit the usefulness of the Yakima Air Terminal or constitute a
hazard to aircraft.
(e) During the time of war or national emergency, the
BOARD shall have the right to lease the landing area or any part
thereof to the United States Government for military use, and, if
any such lease is executed, the provisions of this lease
Agreement shall be suspended insofar as they are inconsistent
with the provisions of the lease Agreement with the United States
Government.
(f) This lease Agreement shall be subordinate to the
provisions of any existing or future agreement between the BOARD
and the United States of America relative to the operation or
maintenance of the Yakima Air Terminal, the execution of which
has been or may be required as a condition precedent to the
expenditure of federal funds for the development of the Yakima
Air Terminal, and is further subordinate to applicable rights of
eminent domain.
11. TERMINATION AND FORFEITURE: The failure by LESSEE to
comply with any term, provision or condition of this Agreement,
shall constitute grounds for termination of this Agreement and
the tenancy hereby created and for forfeiture of all rental paid
by LESSEE to the time of termination. This Agreement and tenancy
shall terminate and rental paid shall be forfeited for cause as
specified above on written notice by the BOARD to LESSEE stating
that LESSEE shall comply with this Agreement in the manner
specified in the notice within thirty (30) days from LESSEE'S
receipt of such notice, otherwise this Agreement and tenancy
shall be terminated and rental forfeited. Such notice shall be
given in writing and personally served on LESSEE in the manner
provided by law for service of summons and complaint, or mailed by
certified mail with return receipt requested addressed to LESSEE
at its address stated below LESSEE's signature to this Agreement.
12. NON-DISCRIMINATION CLAUSE: In the event LESSEE engages
in service to the public in its business conducted on or from the
leased premises, LESSEE agrees and promises to furnish such
services to the public on a fair, equal and not unjustly
discriminatory basis to all users thereof, and to charge fair,
reasonable, and not unjustly discriminatory discounts, rebates or
other similar types of price reductions to volume purchasers of
LESSEE's services. LESSEE further promises and agrees that it
will not, on the grounds of race, color, or national origin,
discriminate or permit discrimination against any person or group
of persons in any manner prohibited by federal law and
regulations. LESSEE's breach of any promise or agreement
contained in this Section shall constitute grounds for the
termination of this Agreement, and in addition thereto, the BOARD
shall have the right to take such other remedial action as the
United States Government may direct.
13. 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 the BOARD 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
Agreement and the tenancy hereby created shall absolutely
terminate, but without prejudice to any remedies which might
otherwise be available to the BOARD for collection of past due or
future rent for any breach by LESSEE of any covenants contained
in this Agreement.
14. REPORTS: LESSEE shall provide BOARD with all reports
and other public documents concerning LESSEE's operations and
findings at the Airport.
15. VENUE, ATTORNEY FEES: In the event of litigation to
enforce the rights and obligations hereunder, venue shall lie in
Yakima County Superior Court, and the prevailing party shall be
entitled to its reasonable attorney fees in addition to court
costs.
16. INTEGRATION: This document embodies the entire
Agreement of 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 Agreement.
Executed as of the day and year first above written.
ATTEST
Don Heinen, Secretary
STATE OF WASHINGTON)
) ss.
County of Yakima )
YAKIMA AIR T ,NAL BOARD
William F Almon, Chairman
On this day personally appeared before me William F. Almon and
Don Heinen, to me known to be the Chairman and Secretary
respectively of the Yakima Air Terminal Board, the entity that
executed the within and foregoing Rental Agreement, and
acknowledged the same instrument to be the free and voluntary act
and deed of said BOARD, for the uses and purposes therein
mentioned, and on oath stated that they are authorized to execute
this Lease Agreement on behalf of said BOARD.
under my hand and official seal this ,day of
, 1985 .
Not ry Public ir,a d for the
State of Washington, residing
at Yakima
Attest:
El len McCoy
Title: Subcontract Specialist
State of Washington)
) ss.
County of Benton
PACIFIC „NORTHWE LABORATORIES
BATTE/LE MEMOTUAL INSTITUTE
By:
Dan Raqi
Title: manager, Laboratory Subcontracts
Address:
P . 0 . Box 999
Richland WA 99352
Phone: 509/375-2230
On this day personally appeared before me Dan RaaP
and Ellen McCoy to me known to be the
age r , Laboratory Subcontracts and Subcontract Specialist respectively
of Battelle Memorial Institute, the entity that executed the
within and foregoing Rental Agreement, and acknowledged the same
instrument to be the free and voluntary act and deed of said
Institute, for the uses and purposes therein mentioned, and on oath
stated that they are authorized to execute this Lease Agreement
on behalf of said entity.
Given under my hand and official seal this
December 1985.
13th day of
Notary Public in and for the
State f Washington, residing
at
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usau in Dice Companies
This is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued.
This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy
referred to herein.
Name and Mailing Address of Insured
BATTELLE MEMORIAL INSTITUTE
505 KING AVE.
COLUMBUS, OH 43201-2693
Producer No.:
Office:
Date:
Region:
Type of Insurance
Workers
Compensation *
Comprehensive G1
Liabifi(y
Special Multi -Peril or
Trademark (Section ti onty)
Contractual - Alf Written Contracts ( 0 Included ) Excluded
Products - Completed Operations: 1 Included ( X) Excluded
CO.
NO.
Policy Number
Policy Effective
Date (MO/DY/YR)
Policy Expiration
Date (MOIDWYR)
Owners. Landlords and
Tenants liability
Owners & Contractors
3rotectiye
%uto Liability
) All Owned Autos
) Specified Autos Only
) Hired Autos
) Nonowned Autos
0000
WAUSAU, WI 54401
10 15 90
SAD
*Unless otherwise indicated, this policy affords lull coverage under the
Workers Compensation laws ol all states (except slates where coverage can be
provided only by State Funds, and Canada) and as designated in the policy and
endorsements for Part Two (Employers Liability)
liability Limits In Thousands (ODD Omitted)
3128 00 091475
01 01 88
UNTIL
CANCELED
Imbrella
ability
Bodily Injury - Each Occurrence
- Aggregate
Property Damage - Each Occurrence
- Aggregate
Single Limit - Each Occurrence
- Aggregate
Bodily Injury - Each Occurrence
Properly Damage - Each Ctourronce
- Aggregate
Aggregate
Each Occurrence
500
500
$
Single Unlit
Each Accident
Bodily Injury
Each Person
Each Accident
Properly Damage
Eacti Accident
Each Occurrence
gregate Products - Completed Operations
Retention
pedal Provisions/Locations/Specified Autos:
COVERAGE IS INCLUDED FOR ALL OPERATIONS IN CONNECTION WITH THE U.S. DEPARTMENT OF ENERGY
CONTRACT #EY —76 —C —06 —1830. IT IS AGREED THAT THE YAKIMA AIR TERMINAL IS AN ADDITIONAL INSURED
WITH RESPECT TO ITS LIABILITY ARISING OUT OF THE NAMED INSURED PLACING AN ENVIRONMENTAL
SURVEILLANCE STATION AT THE YAKIMA AIR PORT.
JolwrihstandIng any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by toe policy tgoacies) described
tbove is subject to all of the terms, exclusions and conditions of such policy (policies) during the term(s) thereof,
The entry of a number in this column means that the coverage is afforded try the company designated by the same number.
sued to:
YAKIMA AIR TERMINAL
ATTN: MACILE ZAIS
2300 WEST WASHINGTON AVE.
YAKIMA, WA 98903
* Issuing Company No. 2, EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
3, WAUSAU UNDERWRITERS INSURANCE COMPANY
7. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU
I. WAUSAU LLOYDS
(5) 15-(7738
Signed •..
es ati
Battelle Memorial institute
Dan Raap
P.O. Box 999
Richland, Washington 99352
509-375-2230
Usage: Air Monitoring Site
Effective Date: 12/1/86
Termination Date: 11/30/96 unless 30 prior written notice
Insurance Expiration: until canceled
Insurance Amount: $300,000
Current Annual Rental: $165.16
Leasehold Tax: n/a
Next Adjustment Date: 12/1/96
Adjustment Method: CPI (1994 - 3.3%)
Subletting: None
DATE : q-- -1 Le
LEASE CHECKLIST
BY:
LESSEE:
ADDRESS:
PHONE: V
FAX:
/
TERM: /01 f gc.„ 6'&-.16e-Loi RENT LAST REVIEWED: (:,-ir4
,g-uto Lt./4 / 4141 vof ce '
RENTAL: Li, -eLi 144( c4.-1
AL RENT:
&LFctetc. 61. 0004-h,i_
IMPROV TS APPRO O:
1. tG 34-01PLf_3kfl
2.
LH TAX (12.84%):
/01
/ CP,
CHECK RENT TO INVOICES:
YATB APPROVAL DATE
BO D'S OPTION TO P C SE/REVERSION OF IMPROVEMENTS:
a •
pLexi_sc
SUB -TENANTS APPROVED:
1 . On e
2. ,C)0i)(:::
INS
INS
. ,
CE REQUIREMENTS OF: $.50°,000
CE CERTIFICATE SHOWS:
LESSEE AS N, D INSURED
CITY, COUNTY & AIRPORT AS NAMED INSUREDS
EXPIRATION DATE LAW--11
COMPLETE EXECUTION:
OTHER:
YATB APPROVAL DATE
rns-o.P,
-/
tor—
Ck)txxx K
AMENDMENT #1 - LEASE AGREEMENT
BATTELLE MEMORIAL INSTITUTE
THIS AMENDMENT, executed this /c/i- day of 12..e.<74,2a,k. 1996,
between the YAKIMA INTERNATIONAL AIRPORT - McALLISTER FIELD
(formerly known as the Yakima Air Terminal), an agency of the City
of Yakima and County of Yakima, Washington, hereinafter referred to
as "LESSOR," and BATTELLE MEMORIAL INSTITUTE, a Washington
corporation, hereinafter referred to as "LESSEE":
W I T N E S E T H:
WHEREAS, LESSOR owns and operates the Yakima International Airport
- McAllister Field, hereinafter referred to as "Airport," and
WHEREAS, the Yakima International Airport - McAllister Field, as
LESSOR and Battelle Memorial Institute, as LESSEE, entered into a
Lease effective December 1, 1986, and
WHEREAS, LESSOR has determined it to be in the best interests of
the Airport to modify the following Sections of this Lease:
3. RENEWAL
NOW THEREFORE, in consideration of the mutual promises contained
herein and the benefit to be derived by each party, the parties
agree that SectionS 2 & 3 are amended as follows:
3. RENEWAL
This Agreement shall renew annually through November 30,
2006, unless either party shall give the other thirty
(30) days prior written notice of its intent to terminate
this Agreement.
Except as expressly amended by this document, all provisions, terms
and conditions of the aforementioned Lease agreement effective
December 1, 1986 between these parties shall remain in full force
and effect.
This amendment shall become effective December 1, 1996.
Time is of the essence of this entire Lease.
Batt86#1.1se
3.
YAKIMA INTERNATIONAL AIRPORT - McALLISTER FIELD
2400 W. Washington Avenue
Y. ima, Washington 98903
-575-6149
Uenns
Greg*r '""P. Berndt, Secretary
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Dennis
Byarn and Gregory P. Berndt 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 International Airport - McAllister Field to
be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dat
By:
NotarY{• blic
Appointment Exp " es / '/0 • 478
BATTELLE MEMORIAL INSTITUTE:
Tx e
P 0 Box 999
Richland, Washington
(509) 375-2230
99352
STATE OF WASHINGTON
County of '; inn
I c y that I know or have satisfactory evidence that
signed this instrument, on oath stated
that he/sh-. was authorizedto execute the instrument and
acknowledgeit as the uat& of Battelle Memorial
Institute to be the free and volu Lary act of such party for the
uses and purposes mentioned in the instrument.
Date /2-f it
By:
Notary Pub
Appointment
Batt86#1.lse
2
AMENDMENT #2 - LEASE AGREEMENT
BATTELLE MEMORIAL INSTITUTE
4). ,
THIS AMENDMENT, executed this -1-AAday of Pg. 2006, between the YAKIMA
AIR TERMINAL-MCALLISTER FIELD, an agency of the City of Yakima and County of
Yakima, Washington, hereinafter referred to as "LESSOR," and BATTELLE MEMORIAL
INSTITUTE, a Washington corporation, hereinafter referred to as "LESSEE":
WITNESETH:
WHEREAS, LESSOR owns and operates the Yakima Air Terminal - McAllister Field,
hereinafter referred to as "Airport," and
WHEREAS, the Yakima Air Terminal - McAllister Field, as LESSOR and Battelle Memorial
Institute, as LESSEE, entered into a Lease effective December 1, 1986, and Amended
December 1, 1996 and
WHEREAS, LESSOR has determined it to be in the best interests of the Airport to modify
the following Sections of this Lease:
3. RENEWAL
NOW THEREFORE, in consideration of the mutual promises contained herein and the
benefit to be derived by each party, the parties agree that SectionS 2 & 3 are amended as
follows:
3. RENEWAL
This Agreement shall renew annually November 30, unless either party shall
give the other thirty (30) days prior written notice of its intent to terminate this
Agreement.
Except as expressly amended by this document, all provisions, terms and conditions of the
aforementioned Lease agreement effective December 1, 1986 between these parties shall
remain in full force and effect.
Batt86#2,1se 1
This amendment shall become effective December 1, 2006.
Time is of the essence of this entire Lease.
YAKIMA AIR TERMINAL - McALLISTER FIELD
2400 W. Washington Avenue
Yakima, Washington 98903
509-575-6149
William VVheeler
an
iP-)10
Date
Les Flue, Secretary Date
STATE OF WASHINGTON
County of Yakima
certify that I know or have satisfactory evidence that William Wheeler and Les Flue 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
By:
Notary Pub
Appointment Expires /if-
Batt86#2,1se 2
BATTELLE MEMORIAL INSTITUTE:
Date
Title:
P 0 Box 999
Richland, Washington 99352
(509) 375-2230
STATE OF WASHINGTON
County of I eii.-ton
I certify that I know or have satisfactory evidence that 7'/ . e
signed this instrument, on oath stated that he/she was authorized to execute the
instrument and acknowledged it as the (Milt e typrecnie ()live of Battelle Memorial
Institute to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Date f'
By:
Notary Public
Appointment Exp
Batt86#2.1se 3
AMENDMENT #3 - LEASE AGREEMENT
BATTELLE MEMORIAL INSTITUTE
THIS AMENDMENT, executed this VI) day of "T(... 2011, between the YAKIMA
AIR TERMINAL-MCALLISTER FIELD, an agency of th City of Yakima and County of
Yakima, Washington, hereinafter referred to as "LESSOR," and BATTELLE MEMORIAL
INSTITUTE, a Washington corporation, hereinafter referred to as "LESSEE:
WITNESETH:
WHEREAS, LESSOR owns and operates the Yakima Air Terminal - McAllister Field,
hereinafter referred to as "Airport;" and,
WHEREAS, the Yakima Air Terminal McAlister Field, as LESSOR and Battelle Memorial
Institute, as LESSEE, entered into a Lease effective December 1 1986, and Amended
December 1, 1996; and,
WHEREAS, LESSEE has made a written request to assign the Agreement from Battelle
Memorial Institute to another Department of Energy (DOE) Contractor, to wit, Mission
Support Alliance (MSA); and,
WHEREAS, LESSOR has determined it to be in the best interests of the Airport to modify
the following Sections of this Lease:
Term
Renewal
Rental
Reassignment of Lease
NOW THEREFORE, in consideration of the mutual promises contained herein and the
benefit to be derived by each party, the parties agree that the lease be amended as
follows:
2. TERM
Change to read: "The tenancy created by this Agreement shall commence on July
1, 2011."
3. RENEWAL
Change to read: "This Agreement shall renew annually on January lst of each
calendar year, unless either party shall give the other thirty (30) days prior written
notice of its intent to terminate this Agreement."
Battle:86#3
4. RENTAL
Delete the first sentence of this section. Change the first sentence to read:
"LESSEE agrees to pay the rate of $244.55 per year plus the leasehold tax charged
to the annual rental amount, such amount to be computed annually, which payment
shall be made annually, in advance, on or before the last day of January each year."
8. SUBLETTING ASSIGNMENT
Reassign Lease from Battelle Memorial Institute to Mission Support Alliance (MSA)
Except as expressly amended by this document, all provisions, terms and conditions of the
aforementioned Lease agreement effective December 1, 1986, between these parties shall
remain in full force and effect.
This amendment shall become effective July 1, 2011.
Time is of the essence of this entire Lease.
LESSOR
YAKIMA AIR TERMINAL - McALLISTER HELD
2400 W. Washington Avenue
Yakima, Washington 98903
509-575-6149
Carl L. Remrn , AAE
Title: Airport Manager
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Carl L. Remmel signed this instrument, on
oath stated that he was authorized to execute the instrument and acknowledged it as the as Airport
Manager of the Yakima Air Terminal - McAllister Field to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Date
By:
Notary Publi
Appointment Expires hi- /-11/
LESSEE
Battle:86#3
ittittIttof
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Itlittiltt‘-
Mission Support Alliance, LLC
PO Box 650
Richland, WA 99352
(509) 376-3456
A n: ssa Demiter MSIN H7-10
Title:
STATE OF SHiNTON
County of . .+
I certify that I know or have satisfactory evidence that ...4./•'',4 772 signed this
instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged
it as the 4Mf_.c.J D4 E.e>7-- of Mission Support Alliance to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Date
By,
Not Public
Appointment Expires.
Battle:86#3
Exhilait A to Lease as reemevut betweevi,
the yaiR,Lvika Ar rervulwaL IAA
missLovt, support A9 reemetAt
effeattve date:
Lease Tdpe:
Ltased Area:
RAM
EXIT
Airport
Atd mi.vastratio
1M.41.101.46.0
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AIRPORT LEASE AGREEMENT
BE EEN
CITY OF YAKIMA
YAKIMA AIR TERMINAL-McALLISTER FIELD AND
HANFORD MISSION INTEG TED SOLUTIONS L.L.C.
AMENDMENT #5
THIS AMENDMENT, executed this 'Oday of 3aw1"1 , 2023, between the CITY OF
YAKIMA and YAKIMA AIR TERMINAL — McALLISTER FIELD, a department of the City
of Yakima, Washington, hereinafter referred to as "LESSOR," and HANFORD MISSION
INTEGRATED SOLUTIONS, L.L.C., a Washington limited liability company, hereinafter
referred to as "LESSEE":
WITNESETH:
WHEREAS, LESSOR owns and operates the Yakima Air Terminal — McAllister
Field, hereinafter referred to as "Airport," and
WHEREAS, the Yakima Air Terminal — McAllister Field, as LESSOR, and Battelle
Memorial Institute, a Washington corporation, as LESSEE, entered into a Lease effective
March 5, 1987; and,
WHEREAS, said lease was amended on December 19, 1996, to provide for
additional renewal years; and
WHEREAS, said lease was amended on December 21, 2006, to amend the terms
of renewal to have the lease renew annually on November 30th; and
WHEREAS, said lease was amended on July 27, 2011, to amend the terms of
renewal to have the lease renew annually on January 1st, increase the rental amount and
assign the lease to Mission Support Alliance (MSA); and
WHEREAS, said lease was amended on or about January 12, 2021, to amend the
rental amount and assign the lease to Hanford Mission Integrated Solutions, L.L.C.; and
WHEREAS, the previous amendment has some scrivenor's errors that should be
addressed and the rental amount has increased pursuant to the terms and conditions of
the original lease; and
WHEREAS, the City and LESSEE agree that it is in the best interests of the parties
to modify the following Sections of the Airport Lease Agreement;
NOW, THEREFORE, in consideration of the mutual promises contained herein and the
benefit to be derived by each party, the parties agree to amend Section 2 of the lease as
follows:
1. Renewal
Article 3 (mistakenly referred to as Article 4 in Amendment #4) of the Agreement,
entitled "Renewal" shall be amended to state as follows:
3. Renewal. This agreement shall renew annually on January 1st of each calendar
year, unless either party shall give the other thirty (30) days prior written notice of
its intent to terminate this Agreement.
2. Yearly Rental Payment
Article 4 (mistakenly referred to as Article 5 in Amendment #4) of the Agreement,
entitled "Rental" shall be amended to state as follows:
4. Rental. LESSEE agrees to pay rent to the LESSOR at the rate of $319.78 plus
leasehold tax per year for the leased premises, which payment shall be made
annually, in advance, on or before the last day of December each year. Any rental
payment past due shall accrue a delinquency charge of eighteen percent (18%)
per annum.
The annual rental shall be recalculated by the LESSOR each December 1st. The
new annual rental shall be calculated as follows: The base rent is established as
the rent from the previous year (base rent for 2023 is $319.78). Annual rent for
each renewal term shall be increased based on the same percentage rate of
increase in the United States Bureau of Labor Statistics Consumer Price Index for
all Urban Consumers (Seattle -Everett area) calculated yearly. The base rent shall
not be decreased in the event of a decrease in the Consumer Price Index.
Except as expressly amended by this document, all other terms, conditions, obligations,
rights and requirements of the underlying Lease Agreement and its amendments shall
remain in full force and effect throughout the Lease term.
Time is of the essence of this entire Lease and its Amendments.
LESSOR:
CITY F YAKI A
YA I. A AIR TERMINAL - GALLISFIELD
2406 Wiest Washington Avenue, Suite
Yakima, Washington 98903
575-6149
5 ) 5 5-5 55 (fax)
Bob Harrison, City' anaer
STATE OF WASHINGTON
County of Yakima
) ss,
NT;T
Rt SMUT ION 4O
I certify that I know or have satisfactory evidence that Bob Harrison signed this instrument,
on oath stated that they were authorized to execute the instrument and acknowledged it
as the City Manager of the City;of Yakima, to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.,
DATED this day of
IITAR
NO./0726
PUBLIC
A
VO
NOTARY PURL IN AND FOR THE aTA E of
'AHINTON, Residing At
IV iy CommissionExpires:
Print Nae:�.,
LESSEE:
HANFORD MISSION INTEGRATION SOLUTIONS, L.L.C.
1981 Snyder Street
Richland, WA 99354
Phone:
Email:
HAN RD MISSION INTEGRATION SOLUTIONS
By: (print name) UP 140, Ki-
lts:
STATE OF WASHINGTON
) ss.
County of
I certify that I know or have satisfactory evidence thati,11 igned this
instrument, on oath stated that he was authorized to execute the in rument and
acknowledged it as the . of Hanford Mission Integration Solutions,
L.L.C. to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
DATED this day of
TE I PA KE
NOTARY PUBLIC #104876
STATE OF WASHINGTON
COMMISSION EXPIRES
OCTO ER 20, 2024
NOTARY PUBLIC IN AND FO
WASHINGTON, Residing At:
My Commission Expires:
Print Name: L
HE STATE 0
1.0