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Home My WebLink About04/16/2024 07.I. Resolution authorizing an amendment to Airport Lease Agreement with Gene O'Dell d/b/a O'Dell Enterprises 1 ,,` .. ! ga a, < :. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.1. For Meeting of:April 16, 2024 ITEM TITLE: Resolution authorizing an amendment to Airport Lease Agreement with Gene O'Dell d/b/a O'Dell Enterprises SUBMITTED BY: Jaime Vera,Airport Operations and Maintenance Manger SUMMARY EXPLANATION: The City of Yakima and Gene O'Dell d/b/a O'Dell Enterprises entered into an Airport Lease Agreement effective November 1st, 2011 for rental of property and facilities. The parties have agreed to amend the lease to reduce the premise and amend that lease regarding the rental amount. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Partnership Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type ❑ 3/28/2024 Resolution ❑ 3/28/2024 Contract 2 RESOLUTION NO. R-2024- A RESOLUTION authorizing an Amendment to Airport Lease Agreement between the City of Yakima and Gene O'Dell d/b/a O'Dell Enterprises WHEREAS, the City and Gene O'Dell d/b/a O'Dell Enterprises entered into an Airport Lease Agreement effective November 1St, 2011 for rental of property and facilities; and WHEREAS, the parties have agreed to amend that lease to reduce the premise; and WHEREAS, the parties have agreed to amend that lease regarding the rental amount, Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the attached Amendment to Airport Lease Agreement Between Yakima Air Terminal-McAllister Field/City of Yakima and Gene O'Dell d/b/a O'Dell Enterprises, attached hereto. ADOPTED BY THE CITY COUNCIL this day of , 20_. ATTEST: Patricia Byers, Mayor Rosalinda Ibarra, City Clerk 3 1ST AMENDMENT TO LEASE AGREEMENT BETWEEN CITY OF YAKIMA AND GENE O'DELL d/b/a O'DELL ENTERPRISES THIS 1ST AMENDMENT ("Amendment") to Lease between the City of Yakima, the owner and operator of the Yakima Air Terminal — McAllister Field ("Lessor") and Gene O'Dell, d/b/a O'Dell Enterprises ("Lessee") is effective this_day of_ , 2024. The Amendment amends and modifies that certain Lease Agreement ("Lease") between Lessor and Lessee executed the 1st day of November, 2011. Except as expressly modified herein, the terms of the Lease remain unchanged and in full force and effect. Any capitalized terms that are not assigned definitions herein shall have the same meaning and definition as used in the Lease. The terms of the Lease are modified as follows: Paragraph 1: Paragraph 1 of the Lease is hereby replaced by the following paragraph and the exhibit referenced therein replaces the exhibit referenced in the original Paragraph 1 of the Lease: 1. PREMISES: Lessor does hereby lease and let unto Lessee, and Lessee does hereby lease and take from Lessor, approximately 30,572 sq. feet of space at 2001 Airport Lane in 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 approximate 30,572 sq. feet of space referenced herein is comprised of approximately 7,912 of building space with the remaining sq. footage being a part of the Airport apron. Paragraph 3: Paragraph 3 of the Lease is hereby replaced by the following paragraph: 3. RENT: A. Lessee promises and agrees to pay rent to Lessor at the rate of Five-Hundred and Sixty Dollars and Forty-Nine Cents($560.49) 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. 2nd St., Yakima, WA 98901. Each payment shall contain the following notation "Rent & Fees for Airport Ground Lease Agreement." Any rental payments/fees past due shall accrue a delinquency charge of twelve percent (12% per annum.) Yakima Airport—McAllister Field Ground Lease Agreement— Amendment#1 for 2001 Airport Lane "Richardson Hangar" 4 B. The lease rental rate as provided for above shall be subject to review and modification on January 1st, 2013 and annually on January 1st each year thereafter to the current Aviation Land Rate outlined in the Airport Rates and Fees, as established and approved by the Yakima City Council. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective authorized officers or representatives as of the day and year below. The term of the Lease commences on the date stated on the top of page 1, which is the date that all parties have executed the Lease. LESSOR: CITY OF YAKIMA Yakima Air Terminal—McAllister Field 2406 W. Washington Avenue, Suite B Yakima, Washington 98903 (509) 575-6149 - phone (509) 575-6185—fax COPY TO CITY OF YAKIMA—CITY MANAGER 129 North 2nd Street Yakima, WA 98901 By: Date: Dave Zabel, Interim City Manager ATTEST: By: Rosalinda Ibarra, City Clerk rf� - - Yakima Airport—McAllister Field Ground Lease Agreement— Amendment#1 for 2001 Airport Lane "Richardson Hangar" 5 STATE OF WASHINGTON ) ) ss County of Yakima ) I certify that I know or have satisfactory evidence that Dave Zabell signed this instrument, on oath stated that he is 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 By: Notary Public for the State of Washington Residing at: Appointment Expires LESSEE: GENE O'DELL Gene O'Dell Enterprises 2106 West Washington Avenue, #4 Yakima, WA 98903 Phone: 509-453-2685 Fax: 509-453-2685 Cell: 509-952-6028 2g02 ySignatur DaOS STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that Gene O'Dell signed this instrument, on oath stated that they are authorized to execute the instrument on behalf of himself and Gene O'Dell Enterprises a d/b/a of Gene O'Dell and to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. M.BA R�%��f y. .,� .• MEror '•. �.� - TAB .� s Nvta Pu lic for the State of Washington y Na ay Residing at: �C9m GW r..•s Appointment Expires 42 Ca PuBL►G Yakima Airport—McAllister Field Ground Lease Agreement— 3 Amendment#1 for 2001 Airport Lane "Richardson Hangar" 6 EXHIBIT A- PREMISE I fir;,-.•-• T , n �— K`-- j, . Or. f, k. / rE -"�.6 ]i I r I r 1 vt — nI < ]2C'- .---- --I Y `q d Ably 17) 911 5f, (f rl I /' / C C4/3 Total sq.ft.30,572 Yakima Airport—McAllister Field Ground Lease Agreement— Amendment#1 for 2001 Airport Lane "Richardson Hangar"