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HomeMy WebLinkAboutR-2013-095 Yakima Air Terminal Buildings Lease Agreement with Gene ODell dba O'Dell EnterprisesRESOLUTION NO. R-2013-095 A RESOLUTION authorizing the City Manager to execute a Lease Agreement with Eugene O'Dell dba O'Dell Enterprises WHEREAS, City owns and operates Yakima Air Terminal in accordance with applicable Federal, State and Local regulations, and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into a Lease Agreement with Eugene O'Dell dba O'Dell Enterprises for, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the attached and incorporated Lease Agreement with Eugene O'Dell dba O'Dell Enterprises ADOPTED BY THE CITY COUNCIL this 6th day of August, 2013. ATTEST: ,,�Micah Cawley, Mayor Sony Claar Tee, Ci AIRPORT LEASE AGREEMENT EUGENE O'DELL dba O'DELL ENTERPRISES THIS LEASE, executed thisday of ' , 2013, between the YAKIMA AIR TERMINAL — McALLISTER FIELD, a departm nt of the City of Yakima, Washington hereinafter referred to as "LESSOR," and EUGENE O'DELL, a single man, hereinafter referred to as 'LESSEE': WITNESETH: WHEREAS, LESSOR has approved property available for lease as provided by this Lease, and LESSEE desires to occupy and use such property in accordance with this Lease, NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to be derived by each party, the parties agree as follows: 1. PREMISES: LESSOR does hereby lease and let unto LESSEE, and LESSEE does hereby lease and take from LESSOR, approximately 17,782 sq ft of land and 12,602 sq ft 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. The LESSOR may, at any time hereafter, provide a legal description of the premises and such description shall become a part of this Lease. 2. TERM: The tenancy created by this Lease shall commence on September 1, 2013 and terminate at twelve o'clock midnight on August 31, 2018 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. Filename: Lease/O'Dell 2013 1 3. RENT: A. LESSEE promises and agrees to pay rent to LESSOR at the current CPI rate of $2,959.36 per month for the leased premises, made in advance on or before the 10th day of each month. Payments shall be made to the City of Yakima, Accounts Receivable, 129 N. 2"d St, Yakima, WA 98901. Any rental payment past due shall accrue a delinquency charge of twelve percent (12%) per annum. B. The rental rates as provided for above shall be amended by LESSOR on every annual anniversary of this Lease. The Second Half of the Year United States Bureau of Labor Statistics Consumer Price Index, Seattle -Everett Metropolitan Area, All Urban Consumers - Base Year 1984 shall be used to calculate the increase of rent. The rent shall be increased the same amount as the Consumer Price Index increase compared to the Consumer Price Index from the date of the previous rent increase. The rent shall not be decreased in the event of a decrease in the Consumer Price Index. C. In the event the parties are unable to agree upon the fair market rental rate for the succeeding periods, upon written notice of either party to the other, but no later than thirty (30) days prior to the expiration of the then current rental period, the matter of establishment of fair market rental shall be referred to arbitration. Within thirty (30) days of such notice, each party shall select one arbitrator. The two arbitrators shall jointly select a third arbitrator who shall be a real estate broker with at least five (5) years' experience in sales or leases of commercial property in the Yakima Valley. The decision of a majority of the arbitrators as to the fair market rental value for the property shall be made within forty-five (45) days of said written notice and shall be binding. Each of the parties shall bear the cost of its designated arbitrator. The parties shall share equally the expense of the third arbitrator. The arbitration decision shall be binding upon both parties and shall be enforceable in accordance with the laws of the State of Washington. The arbitrator's decision shall relate back to the beginning of the new rental period. Filename: Lease/O'Dell 2013 2 4. DEPOSIT: Upon execution of this lease by both parties, LESSEE shall deposit with LESSOR the amount of one month's rent plus leasehold tax as a guarantee of LESSEE's performance of this Lease and the timely payment of the rental provided for herein; and in the event LESSEE shall fail to pay the rental as provided herein, or otherwise breach this Lease, then the Airport Manager may apply such deposit, or any part thereof as may be necessary, to the payment of rental or to the payment of damages for such breach or pursue any other remedies provided herein. This deposit shall 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 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: Utility costs (including but not limited to electrical power, natural gas, water, sewer, and garbage service) shall be reasonably determined by LESSOR. LESSEE shall be invoiced monthly for the prior month's usage and such amounts shall be due and payable immediately. Filename: Lease/O'Dell 2013 3 8. JANITORIAL: LESSEE shall furnish all janitorial services at LESSEE's expense. 9. PREMISES CONDITION: LESSEE has made a full inspection of the premises, is fully aware of its condition except with respect to environmental conditions and accepts the premises on an "AS -IS" basis. LESSEE agrees to pay for any improvements, 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. 10. MAINTENANCE: LESSEE agrees to keep and maintain the premises in at least as good a condition as the condition of the premises at the beginning of LESSEE's occupancy, normal wear and tear excepted. LESSEE further agrees that LESSEE shall be responsible to maintain all leased areas, trade fixtures and other improvements, existing and future, in an attractive and usable manner 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. 11. SIGNS: LESSEE, at LESSEE's own expense, may erect a sign(s) of a type, number and location suitable to LESSOR. No signs or other advertising matter or devices shall be used or displayed in or about the leased premises or upon any portion of the Airport without the prior written approval of the Airport Manager and if required, the City of Yakima Codes Department, which approval shall not be unreasonably withheld. Filename: Lease/O'Dell 2013' 4 12. IMPROVEMENTS: LESSEE agrees to do all repair, remodeling, alterations, upkeep, and replacement of the leased premises and facilities therein at LESSEE's expense. All repair, remodeling, alterations, trade fixtures and improvements to the leased premises by LESSEE shall conform to applicable rules, regulations and codes, and LESSEE shall procure all building and other permits therefor. All repair, remodeling, alterations, trade fixtures and improvements shall be designed with a view toward aesthetic aviation related considerations and installation shall not commence until plans and specifications therefor have been submitted to and approved in writing by the Airport Manager 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. 13. 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 Filename: Lease/O'Dell 2013 - 5 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. 14. REGULATIONS: LESSEE agrees to comply with all applicable laws, ordinances, rules, regulations and policies of all governmental authorities having jurisdiction over the Airport, including policies adopted by LESSOR, as such laws, ordinances, rules, regulations and policies apply to the use and operation of Airport property, facilities and operations as those laws, ordinances, rules, regulations and policies now exist or may hereafter become effective. LESSEE further agrees to accept responsibility for not allowing unauthorized persons access to the Airport Operations Area (AOA). 15. 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. 16. ASSIGNMENT: LESSEE shall not assign this Lease without the prior written approval of LESSOR, such approval to specifically include consideration of the purpose for which the proposed assignee intendeds to use the premises in accord with paragraph 6 of this agreement, and will not be unreasonably withheld. Such assignment shall be in conformance with all applicable local, state and federal laws, ordinances, rules, regulations and policies. LESSEE shall give preference to aeronautical activities and all assignees shall comply with all laws, ordinances, Filename: Lease/O'Dell 2013 6 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. 17. MISCELLANEOUS PROVISIONS: A. The parties agree that LESSOR, through its Airport Manager or other person authorized by the Airport Manager, may enter upon the leased premises 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 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, undesirable objects or structures, or any other activity interfering with the efficient operation of the Airport, together with the right to prevent LESSEE from placing and/or erecting, or permitting to be placed and/or erected, any building, object or other structure on the Airport which, in the opinion of the Airport Manager, would limit the usefulness, efficiency or attractiveness of the Airport or otherwise constitute a hazard to aircraft. E. During time of war or national emergency, LESSOR shall have the right to lease the landing area or any part thereof to the United States of America for military use, and, if any such lease is executed, the provisions of this Lease shall Filename: Lease/O'Dell 2013 7 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. 18. 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 the City of Yakima and their 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, the City of Yakima or their elected and appointed officials, employees and agents, including all expenses incidental to the investigation and defense thereof, including reasonable attorney fees, based on or arising from the occupancy or use of the leased premises by LESSEE or as a result of LESSEE'S operations at the Airport or from any other act or omission of LESSEE, its servants, employees, agents, invitees, independent contractors or any other entity, person, firm or corporation acting on behalf of LESSEE or under its direction, whether such claim shall be by LESSEE or a third party; provided, 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. Filename: Lease/O'Dell 2013 8 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, the City of Yakima, their 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; 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. 19. INSURANCE: LESSEE shall file with LESSOR a certificate of insurance, or other proof of insurance acceptable to LESSOR, evidencing an insurance policy with the Yakima Air Terminal -McAllister Field, the City of Yakima, its elected officials, officers, agents, employees, and volunteers. as additional insureds providing: 1. Comprehensive general liability insurance coverage in amounts of not less than $1,000,000 Combined Single Limit for bodily injury and property damage covering LESSEE's occupancy of and activities pertaining to the leased premises. 2. Tenant legal liability insurance coverage in an amount of not less than $100,000. 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. Filename: Lease/O'Dell 2013 9 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. Certificates of Insurance shall be issued by carrier(s) with a minimum A.M. BEST rating of A -VII which are admitted in the State of Washington or other such carriers as shall be acceptable to LESSOR. 20. DAMAGE OR DESTRUCTION: A. TENANT IMPROVEMENTS: In the event the construction in accordance with Section 12 - IMPROVEMENTS herein, or improvements thereto, is partially or totally damaged by fire or other casualty, the LESSEE shall repair or replace the same at its own expense. 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, LESSOR may either accept ownership of the improvements or require LESSEE to remove the improvements and restore the Premises to a condition satisfactory to the LESSOR. The insurance proceeds shall be used for such 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, sub lessees, assignees, aircraft or other equipment, LESSEE agrees to repair, reconstruct, or replace the affected property to the condition which existed prior to such damage or destruction, to the extent that same is not covered by insurance required under this Lease. LESSEE further agrees to cause such repair, reconstruction or replacement or affected property with due diligence. Filename: Lease/O'Dell 2013 10 21. 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 upon LESSOR's written notice 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 (three (3) days for failure to timely pay 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 notice 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. B. As an additional and not alternative remedy, at LESSOR's sole option 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 twelve percent (12%) 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 Filename: Lease/O'Dell 2013 11 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. 22. INSOLVENCY 4 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 judgement 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. 23. 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. 24. NON-DISCRIMINATION CLAUSE: To the extent required by law, LESSEE, for itself, its personal representative, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as follows: A. No person, on the grounds of race, color, religion, sex, age, marital status, handicap or national origin, shall be unreasonably excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in LESSEE's personnel policies and practices or in the use or operation of LESSEE's services or facilities. B. LESSEE agrees that in the construction of any improvements on, over or under Airport land and the furnishing of services thereon, no person, on the grounds of race, color, religion, sex, marital status, handicap, age or national origin, shall be unreasonably excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. Filename: Lease/O'Dell 2013 12 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. 25. DISADVANTAGED BUSINESS ENTERPRISES: A. CONCESSIONAIRE OBLIGATION: This Lease is subject to the requirements of the U. S. Department of Transportation's regulations, 49 CFR Part 23, Subpart F. LESSOR agrees that it will not discriminate against any business owner because of the owner's race, color, national origin or sex in connection with the award or performance of any concession agreement covered by 49 CFR Part 23 Subpart F. B. SUB -TENANT OBLIGATION: LESSEE agrees to include the above statements in any and all sub -leases. 26. INTEGRATION: This document embodies the entire Lease 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 Filename: Lease/O'Dell 2013 13 LESSOR: City of Yakima YAKIMA AIR TERMINAL - McALLISTER FIELD 2406 W. Washington Avenue, Suite B Yakima, Washington 98903 (509) 575-6149 - phone r (509) 575. 85 - fax v � b J 1 Ton- ourke, City Manager Date STATE OF WA HINGTON County of Yakima I certify that I know or have satisfactory evidence that Tony O'Rourke signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the 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.S-DvoChrILT t Notary Publib Appointment Expiresla >,-S P s �011111, \\`‘ sONY, '/, Q.. -'c' •ocfo= CITY CONTRACT N RESOLUTION NOy i?Of 5 6 Filename: Lease/O'Dell 2013 14 EUGENE O'DELL O'Dell Enterprises 2106 West Washington Avenue #4 Yakima, Washington 989+03 (509) 453-2685 STATE OF WASHINGTON County of Yakima Date 2-3/-.Z6/ I certify that I know or have satisfactory evidence that Eugene O'Dell signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. Datef•,—'/—o By: Notary �/ Publi / Appointment Expires Filename: Lease/O'Dell 2013 15 eh( 67-- 141,7) EXHIBIT ‘A D BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5 For Meeting of: 8/6/2013 ITEM TITLE: Resolution authorizing agreement with Gene O'Dell dba O'Dell Enterprises with the Yakima Air Terminal. SUBMITTED BY: Robert K. Peterson, Interim Airport Manager 509-575-6260 SUMMARY EXPLANATION: The Yakima Air Terminal 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 house their 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 southside of this building provides ample aircraft storage for approximately 6 small General Aviation aircraft where as the northside provides ample office space for ALS ambulance services. Resolution: X Other (Specify): Contract: X Start Date: September 1, 2013 Item Budgeted: NA Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? Yes Mail to: Phone: APPROVED FOR SUBMITTAL: Ordinance: Contract Term: 5 years End Date: August 31, 2018 Amount: Provides revenues for the airport when agreement is established. NA City Manager RECOMMENDATION: Airport staff recommends the City Manager and City Council to approve the airport's agreement with O'Dell Enterprises to provide space for aircraft storage and office space. ATTACHMENTS: Name: Description: El 114 - 0 dell Lease Resolution docx Resolution YAT-0 Dell 5 yr Lease Renewal -7-2013 FINAL.doc O'Dell Enterprise Lease