HomeMy WebLinkAboutARLS LLC - Avis Car RentalCAR RENTAL AGREEMENT
ARLS,LLC
dba AVIS CAR RENTAL
THIS AGREEMENT, executed this day of 2013, between the
YAKIMA AIR TERMINAL - McALLISTER FIELD, A 'department of the City of Yakima,
Washington, hereinafter referred to as "LESSOR," and ARLS, LLC dba AVIS CAR
RENTAL, a Washington corporation hereinafter referred to as "OPERATOR":
W I T N E S S E T H:
WHEREAS, car rental services at the LESSOR are essential for proper ground
transportation of passengers arriving at and departing from the LESSOR,
NOW THEREFORE, in consideration of the concession rights granted herein and the
mutual covenants and agreements hereinafter contained, the parties hereto agree, for
themselves, their successors and assigns, as follows:
OPERATOR is hereby awarded a concession to operate a rental car business at the
LESSOR in common with others having similar agreements with the LESSOR for
the sole purpose of arranging and providing rental car services. OPERATOR shall
not conduct any other business at the LESSOR without the prior written consent of
the LESSOR.
OPERATOR shall conduct said rental car business in a first-class manner
continuously during the entire term of the Agreement. OPERATOR agrees it will not
disturb the LESSOR or any other tenant, or person using the LESSOR, make or
permit any disturbance or any unusual noise, vibration or other condition on or at
the LESSOR.
It is understood and made a specific condition of this Agreement that the
OPERATOR is the holder of a license, franchise, agency agreement or other form
LeaseIARLS-AVIS 2013 — Car Rental Agreement
of consent from Avis Car Rental and shall do business at the LESSOR under the
trade name and style of that company.
2. DEFINITIONS:
The following terms and phrases shall have the following meanings for purposes of
this Concession and Agreement:
"Gross Revenues" shall mean all monies paid or payable to the OPERATOR as
time and mileage charges, or like charges, for cars or other vehicles supplied by the
OPERATOR to its customers whenever any such vehicle is delivered to a customer
at a point on the LESSOR without regard to the manner or place at which the
OPERATOR has received the order for the vehicle or whether the vehicles are
returned to the LESSOR or some other location.
"Location" shall mean a place where motor vehicles owned or leased by
OPERATOR for commercial rental are delivered, parked, stored, fueled, washed or
maintained by OPERATOR or its employees; or, where OPERATOR'S employees
or officials are present to transact OPERATOR'S business and/or do transact such
business; or, where OPERATOR'S logo is displayed; or that is advertised for the
transaction of OPERATOR'S business; or, that is equipped for the transaction of
business by an OPERATOR computer terminal, business telephone, FAX or telex-,
or, where commercial rental car transactions are conducted in any manner
whatsoever. The subject of this Agreement is the "LESSOR Location".
"Rental Car" or "Motor Vehicles" shall mean motor vehicles designed primarily for
the carriage of passengers and commonly classified as sedans, coupes,
convertibles, station wagons, four-wheel drive vehicles, passenger vans, sports
utility vehicles, 15 passenger vans, moving trucks. OPERATOR shall not park,
store on or lease from the LESSOR premises any vehicles except motor vehicles as
defined herein that it owns or leases and are properly available for rental as
provided herein; except for bona fide employee vehicles.
"Transaction" shall mean the execution of a contract for the rental of a motor
vehicle; or, the payment of funds or completion of a credit transaction for payment
for such rental of a motor vehicle; or, delivery of a motor vehicle to a commercial
customer for rental use.
3. PREMISES:
Lease\ARLS-AVIS 2013 — Car Rental Agreement 2
A. COUNTER SPACE: LESSOR hereby grants to OPERATOR counter space
in the LESSOR Terminal Building as that property is depicted on the drawing
marked Exhibit "A" attached hereto and by this reference made a hart hereof.
B. PARKING AREA — EAST OF TERMINAL: LESSOR hereby makes
available to OPERATOR, in common with all other car rental tenants, the Rental
Car Parking Area as that property is depicted on the drawing marked Exhibit "B"
attached hereto and by this reference made a part hereof.
C. PARKING AREA — 2106 W. WASHINGTON: LESSOR hereby makes
available to OPERATOR, in common with all other car rental tenants, the Rental
Car Parking Area as that property is depicted on the drawing marked Exhibit "C"
attached hereto and by this reference made a part hereof.
The term of this Agreement shall commence on July 1, 2013 and terminate on June
30, 2018, unless otherwise terminated as provided for herein.
OPERATOR promises and agrees to pay the following in advance on or before the
15th 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.
1. Counter Space — $275 Month
2. Concession Fee — (All vehicles and non -owned trucks) - Ten percent
(10 %) of the Gross Revenues for the preceding calendar month.
3. Car Rental Parking east of terminal. Current commercial sq ft land rate.
4. Overflow car rental NW of Airport Admin Office. 10 spaces included each
additional is $5 per space per month.
6. ADDITIONAL OBLIGATIONS OF OPERATOR:
The OPERATOR hereby covenants and agrees:
A. To furnish prompt, efficient, first -class rental car service which is adequate to
meet all reasonable demands for its operation at the LESSOR.
Lease\ARLS AVIS 2013 — Car Rental Agreement 3
B. That the rental cars used by the OPERATOR at the LESSOR shall be
maintained, at the OPERATOR'S sole expense, in good, safe and operative order,
free from known mechanical defects, and in a clean, neat and attractive condition,
inside and outside.
C. That the facilities and services to be provided by the OPERATOR for the
purpose of providing rental car service at the LESSOR shall remain open and
staffed for such periods during each day, and such days during each week, as may
be necessary to meet reasonable demands for said service.
D. That the personnel performing services at the LESSOR shall be neat, clean and
courteous. The OPERATOR shall not permit its agents, servants or employees to
conduct business in a loud, noisy, boisterous, offensive or objectionable manner, or
to solicit business at the LESSOR in any manner whatsoever except through the
use of approved signs as defined in Section 15.
E. That it shall observe and comply with any and all applicable Federal, state and
local laws, statutes, ordinances, regulations and standards and shall abide by and
be subject to all reasonable rules and regulations which are now, or may, from time
to time, be promulgated by the LESSOR concerning management, operation or use
of the LESSOR. The OPERATOR shall obtain and keep in force all permits
required by law for operation of the rental car business.
F. That it will meet all expenses in connection with its operation at the LESSOR,
and the rights and privileges herein granted, including, without limitation by reason
of enumeration, taxes, permit fees, license fees and assessments lawfully levied or
assessed upon the OPERATOR, and that it will secure all such permits and
licenses.
G. That it shall not engage in any business or other activity that will divert
customers from the LESSOR to an off-site office, parking lot, garage, etc., for any
purpose whatsoever, including, but not limited to, writing of sales agreements off the
LESSOR premises. If the LESSOR believes, in its opinion, that the OPERATOR is
engaging in such diversion business or other activity described hereinabove, it
reserves the right to inspect off-LESSOR office records. Failure to permit such
inspection or rectify any violations provided herein shall be subject to the LESSOR's
right to terminate as specified in Section 24, herein. In addition, the LESSOR shall
have the right to include such business or other activity within the definition of gross
revenues and the right to recover any revenues lost as a result of any diversion of
business from the LESSOR.
Lease\ARLS-AVIS 2013 — Car Rental Agreement 4
H. That it will comply with the rules and practices as set forth in the current Yakima
Air Terminal Security Plan as amended from time to time. Any fines assessed
against the LESSOR by the TSA as a result of the OPERATOR's failure to comply
with the provisions of this paragraph or other intentional or negligent acts or
omissions of OPERATOR, its employees or agents will be paid promptly upon
demand to the LESSOR by the OPERATOR.
I. The LESSOR shall be the sole and final judge of the quality and the adequacy of
the services furnished by the OPERATOR as specified herein. In the event the
LESSOR determines that OPERATOR has failed to comply with the requirements
hereunder with respect to the duality and adequacy of its services, the LESSOR
may, upon thirty (30) days written notice, exercise its right to terminate this
Agreement as per Section 24, contained herein. However, the LESSOR may, in its
discretion, extend the time for compliance if, in its opinion, the OPERATOR is
making reasonable progress in complying with the requirements of this Agreement.
i. TAXES AND LIENS:
In addition to the rent and fees payable above, OPERATOR 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 OPERATOR by
reason of this Agreement and by reason of OPERATOR's use and occupancy of the
premises and by reason of OPERATOR's construction or ownership of
improvements to the premises. OPERATOR shall neither suffer nor permit the
attachment of any lien or other encumbrance to the premises by reason of
OPERATOR's occupancy thereof. OPERATOR agrees to indemnify LESSOR and
shall hold LESSOR harmless from any such taxes and liens.
- V
OPERATOR shall use and occupy the premises solely for the purpose of
maintaining and conducting a non - exclusive commercial rental car, van and truck
operation, as defined herein. Any occupancy, use, activity, display or product not
specifically permitted herein shall be and is hereby prohibited. The use of the
property for any other purpose shall be deemed a material breach of this Agreement
constituting grounds for its termination. This provision shall apply to any
assignment of this Agreement, whether voluntary or due to mortgage foreclosure or
for any other reason. Failure of the assignee to comply with this Section shall be
LeaseiARLS -AVIS 2013 -- Car Rental Agreement 5
reasonable cause for LESSOR to withhold approval or consent to assignment.
9. UTILITIES:
LESSOR shall supply all power, water, sewer and garbage without additional cost to
the OPERATOR.
10. JANITORIAL:
OPERATOR shall furnish all janitorial services at OPERATOR'S expense.
11. PREMISES CONDITION:
OPERATOR 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. OPERATOR agrees to pay for any improvements, repairs
and/or modifications necessary to the operation of OPERATOR'S business.
12. MAINTENANCE:
OPERATOR agrees to keep and maintain the premises in at least as good a
condition as the condition of the premises at the beginning of OPERATOR'S
occupancy, normal wear and tear excepted. OPERATOR further agrees that
OPERATOR shall be responsible to maintain all areas, trade fixtures and other
improvements, existing and future, in an attractive and usable manner as
reasonably determined by the LESSOR Manager and consistent with other
properties at the LESSOR. Maintenance shall include, but not be limited to weed
control, garbage and debris removal, painting, snow removal and pavement
maintenance.
13. SIGNS:
OPERATOR, at OPERATOR'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 premises or upon any portion of the
LESSOR without the prior written approval of the LESSOR Manager, which
Lease\ARLS-AVIS 2013 — Car Rental Agreement 6
approval shall not be unreasonably withheld.
14. IMPROVEMENTS:
OPERATOR agrees to do all repair, remodeling, alterations, upkeep, and
replacement of the premises and facilities therein at OPERATOR'S expense. All
repair, remodeling, alterations, trade fixtures and improvements to the premises by
OPERATOR shall conform to applicable rules, regulations and codes, and
OPERATOR shall procure all building and other permits therefor. All repair,
remodeling, alterations, trade fixtures and improvements shall be designed with a
view toward aesthetic considerations and installation shall not commence until plans
and specifications therefor have been submitted to and approved in writing by the
LESSOR Manager which approval shall not be unreasonably withheld.
15. REVERSION OF IMPROVEMENTS:
Upon termination of this agreement for any reason, LESSOR may, at its option,
either accept ownership of the improvements constructed or installed on the
Premises, except for trade fixtures, or require OPERATOR to remove such
improvements within sixty (60) days of such termination. LESSOR shall notify
OPERATOR of its intent within twenty (20) days of the termination.
Prior to the expiration of this Agreement, OPERATOR 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 LESSOR Manager. Fixtures not removed
within sixty (60) days after termination become the property of the LESSOR unless
other arrangements have been previously approved in writing by the LESSOR
Manager.
OPERATOR shall, as additional consideration for grant of this Agreement, 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.
16. REGULATIONS:
Lease\ARLS-AVIS 2013 — Car Rental Agreement 7
OPERATOR agrees to comply with all applicable laws, ordinances, rules,
regulations and policies of all governmental authorities having jurisdiction over the
LESSOR, including policies adopted by LESSOR, as such laws, ordinances, rules,
regulations and policies apply to the use and operation of LESSOR property,
facilities and operations as those laws, ordinances, rules, regulations and policies
now exist or may hereafter become effective. OPERATOR further agrees to accept
responsibility for not allowing unauthorized persons access to the LESSOR
Operations Area (AOA).
17. SUBLETTING:
There shall be no subletting of this agreement.
OPERATOR shall not assign this Agreement without the prior written approval of
LESSOR, such approval not to be unreasonably withheld. Such assignment shall
be in conformance with all applicable LESSOR, local, state and federal laws,
ordinances, rules, regulations and policies. OPERATOR shall give preference to
aeronautical activities and all assignees shall comply with all laws, ordinances,
rules, regulations and policies applicable to the use and operation of LESSOR
property, facilities and operations as those laws, ordinances, rules, regulations and
policies now exist or may hereafter become effective. Consent to assignment by
LESSOR shall not be construed to be a consent to any subsequent assignment.
A. The parties agree that LESSOR, through its LESSOR Manager or other person
authorized by the LESSOR Manager, may enter upon the 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 Agreement. 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 Agreement. OPERATOR
shall be granted the right of quiet enjoyment upon performance of all terms of this
Agreement.
Lease\ARLS-AVIS 2013 — Car Rental Agreement 3
LWOUIR
arm la It
not unreasonably interrupted.
D. LESSOR reserves the right, but shall not be obligated to OPERATOR, to
maintain and keep in repairthe landing area of the LESSOR and all publicly owned
facilities of the LESSOR, together with the right to direct and control all activities of
OPERATOR in that regard.
E. LESSOR reserves the right to take any action necessary or desirable by
LESSOR to protect the operations of the LESSOR against obstruction, or any other
activity interfering with the efficient operation of the LESSOR, together with the right
to prevent OPERATOR from erecting, or permitting to be erected, any building or
other structure on the LESSOR which, in the opinion of the LESSOR Manager,
would limit the usefulness of the LESSOR or 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 Agreement shall be
suspended insofar as they are inconsistent with the provisions of the lease
agreement with the United States of America.
F. This Agreement shall be subordinate to the provisions of any existing or future
agreement between LESSOR and the United States of America relative to the
operation or maintenance of the LESSOR, the execution of which has been or may
be required as a condition to the expenditure of federal funds for the development
of the LESSOR.
G. If the premises or any interest therein is taken as a result of the exercise of the
right of eminent domain, this Agreement shall terminate as to such portion as may
be taken. If the portion taken does not feasibly permit the continuation of the
OPERATOR's operations, OPERATOR shall have the right to terminate this
Agreement. Such termination shall be effective as of the date OPERATOR's
operations cease. OPERATOR 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.
20. INDEMNITY/DUTY TO DEFEND:
Lease\ARLS-AVIS 2013 -- Car Rental Agreement 9
A. At no expense to LESSOR, OPERATOR shall defend against and indemnify
fully and save harmless the LESSOR, the City of Yakima and their elected and
appointed officials, employees and agents, from any and all liability, damages, suits,
claims, actions, judgements or decrees, made against the LESSOR the City of
Yakima ortheir 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 premises by
OPERATOR or as a result of OPERATOR'S operations at the LESSOR or from any
other act or omission of OPERATOR, its servants, employees, agents, invitees,
independent contractors or any other entity, person, firm or corporation acting on
behalf of OPERATOR or under its direction, whether such claim shall be by
OPERATOR or a third party; provided, however, that OPERATOR shall not be liable
for any injury, damage or loss occasioned solely by the negligence of LESSOR, its
agents or employees. LESSOR shall give to OPERATOR prompt and reasonable
notice of any such claims or actions and OPERATOR shall have the right to
investigate, compromise and defend the same to the extent of its interest.
B. OPERATOR agrees to reimburse LESSOR for any damage to the premises
caused by the occupancy of OPERATOR, its employees, agents, servants, invitees,
independent contractors or any other person acting on behalf of OPERATOR or
under its direction.
C. LESSOR agrees to defend, indemnify and hold OPERATOR harmless against
and from any claim or liability arising from or alleged to arise from the presence of
hazardous material or toxic waste on the subject premises at the inception of this
Agreement and the introduction to the premises of such materials due to LESSOR'S
activities or under its control.
D. OPERATOR shall keep and hold the LESSOR 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 OPERATOR 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
Lease\ARLS-AVIS 2013 — Car Rental Agreement
10
promulgated thereunder, or under any applicable local or state environmental
ordinance, statute, law, rule or regulation. The provisions of this Sub-section shall
survive the termination of this Agreement.
21. INSURANCE:
OPERATOR 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 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 OPERATOR'S occupancy of and activities pertaining to the
premises.
2. Tenant Legal Liability insurance coverage in an amount of not less than
$100,000,
3. Automobile Public Liability and Property Damage insurance in an amount
not less than $1,000,000 combined single limit coverage.
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-Vil which are
admitted in the State of Washington or other such carriers as shall be acceptable to
LESSOR.
a gy twi a
A. The failure by OPERATOR to pay rent and fees in the amounts and at the times
specified herein, or the failure by OPERATOR to otherwise comply with any term,
provision or condition of this Agreement, shall constitute grounds for termination of
this Agreement and forfeiture of all rent paid by OPERATOR to the time of
termination. This Agreement and tenancy shall terminate and rent paid shall be
forfeited for cause as specified above on written notice by LESSOR to OPERATOR
stating the amount of rent in default or otherwise stating accurately the manner in
which OPERATOR fails or has failed to comply with this Agreement. OPERATOR
shall make full payment or otherwise comply with this Agreement in the manner
Lease\ARLS-AVIS 2013 — Car Rental Agreement
11
specified in the notice within thirty (30) days (except three (3) days for payment of
rent) from OPERATOR's receipt of such notice, otherwise this Agreement and
tenancy shall be terminated and rent forfeited. Such notice shall be given in writing
and served on OPERATOR by personal delivery or mailed by certified mail with
return receipt requested addressed to OPERATOR at its address stated below
OPERATOR's signature to this Agreement or such other address as the parties may
advise each other in writing. It is further agreed that after receipt of notices and as
an additional condition to avoid forfeiture, OPERATOR 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 OPERATOR's obligation
to pay rent for the full term of this Agreement save such amount as LESSOR
recovers from any subsequent Operator during the term of this Agreement. Notices
shall be deemed received three (3) days after mailing to OPERATOR at the address
below OPERATOR's signature to this Agreement or such other address as the
parties may advise each other in writing.
B. As additional and not alternative remedy, optional with LESSOR and upon thirty
(30)days written notice to OPERATOR, should OPERATOR 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 OPERATOR, together with late fees on said sum at a rate of twelve percent
(12%) per annum, and the non-payment of said sum by OPERATOR shall be
adequate grounds for LESSOR to invoke the other remedies as provided in this
Agreement.
C. Upon termination of this Agreement for any reason, OPERATOR shall
immediately surrender the premises to the LESSOR in good condition and repair,
ordinary wear and usage excepted; and OPERATOR shall remove all of
OPERATOR'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
OPERATOR, or anyone claiming under OPERATOR, which shall remain upon the
premises at the expiration or termination of this Agreement 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.
23. INSOLVENCY:
In the event OPERATOR is declared bankrupt by a court of competent jurisdiction
Lease\ARLS-AVIS 2013 — Car Rental Agreement
12
or in the event OPERATOR makes an assignment for the benefit of creditors, or if a
receiver otherwise is appointed for OPERATOR, or in the event OPERATOR'S
leasehold estate is subjected to execution to satisfy any judgement against
OPERATOR, then in that event LESSOR may immediately or at anytime thereafter
without notice or demand enter into and upon the premises or any part thereof and
repossess the same and expel OPERATOR or any person upon the premises and
remove their effects, and thereupon this Agreement 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.
24. 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.
25. NON-DISCRIMINATION CLAUSE:
To the extent required by law, OPERATOR, 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 OPERATOR's
personnel policies and practices or in the use or operation of OPERATOR's services
or facilities.
B. OPERATOR agrees that in the construction of any improvements on, over or
under LESSOR 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. OPERATOR 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
Lease\ARLS-AVIS 2013 — Car Rental Agreement
13
07-10=404k
D. It is the policy of the Department of Transportation that minority business
enterprise as defined in 49 CFR Part 23, i.e., firms owned and controlled by
minorities; firms owned and controlled by women and firms owned and controlled by
financially disadvantaged persons; shall have the maximum opportunity to
participate in the performance of leases as defined in 49 CFR Section 23.5.
Consequently, this Agreement is subject to 49 CFR Part 23 as applicable.
OPERATOR 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.
OPERATOR hereby assures that it will include the above clauses in all sub-leases
and cause SUB-OPERATORS to similarly include clauses in further sub-leases.
26. DISADVANTAGED BUSINESS ENTERPRISES:
A. CONCESSIONAIRE OBLIGATION: This Agreement 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 owners 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: OPERATOR agrees to include the above
statements in any and all sub-leases.
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 Agreement.
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14
City of Talkima
YAKIMA AIR TERMINAL - McALLISTER FIELD
240• W. Washington Avenue, Suit-
• • 98903
(50• ) 575-•14• - phone
(50 9) 575-485 - fax A7"v ,Aj
Tony O'Rourke, City Manager
STATE OF WASHINGTON
County of Yakima
Date
- �- 13 61-
CITY CONTRAC r N()1 li - ,1 k
RESOLUTIONNOtf' ( ZZ
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 res .\N pfwti"�y of the City of Yakima to be the free and
I
voluntary act of such party for the us W s mentioned in the instrument.
P
0
Date _C�q Co.-
By: 25,2014 :Z=-
Notary Publj'6
Appointment Expires
Lease\ARLS-AVIS 2013 — Car Rental Agreement
15
ARCS, LAC dba AVIS CAR RENTAL
2300 W. Washington Avenue #6
Yakima, Washington 98903
(509) 248-6767 Counter
(509) 248-0487 Fax
(800) 5 7-0700 World Wide
Z-1
Robert A. Meyer, Geheiral Manager Date
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Robert A. Meyer signed this
instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the General Manager of ARLS, LLC dba Avis Car Rental of Yakima to
be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
off I 11-2-m • 111 Oil
Lease\ARLS-AVIS 2013 — Car Rental Agreement
16
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Exhibit A.
Lease agreement between
AILS, LLC dba Avis car rental and the
Yakima Air Terminal - McAllister Field
Effect7 e, Date -
v / �?
2300 West Washington Ave, Suite 6
Lease agreement between ARLS, LLC dba Avis Car Rental
and the Yakima Air Terminal - McAllister Field
Effective Date:
Circle Drive
Terminal
Republic Parking (Long Term Parking)
Aircraft Ramp
Rent-A-Car Parking Lot
Approximately 12,130 sq. ft.
40 Parking Spaces (used in common with other
rental car tenants)
Con
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This C, NT OF A&PO 7, C
O-q Ste'
C, gent Assignmen CONCWSS�IQN A �GRE.E�WNT
2 am t ASST.
ont'ngellt Assignment of concession ON A Cft
201-r QN—CE
9 , by 4�nd among the oement
c9r,1,3_� I the W;-,- A P A
'�V following gi`eement ("Agre,,Met,,),S NT
parties:
C0lVC.8SSJ0JV Made this
Aft.- day of
LICEIVSEER APLS, LLC
3204 F r
Ya,kiru Uit-Vale Blvd
a, WA 989027'
AVIS:
Avis ROW A Car Syster
6 Sylvan way 11 ) LLC
Parsippa�;" New Jersey 07054
I WITAL
WMREAS, Under the terms
Exhibit A -
)11 - ' Concessionaires °f the
OW .. g address: )�IUZ a a*s agreed to I Concession A
,n Oil 2300 ease to LI greement (the ff-
W. censec certain prmi %-Oncessionji)
business S -Washm Dtou Suite Uite attached h
sub' 'lite 7, SOS (the -p
see has rend hereto as
I
a 9890 ses
Yect to the accepter the ZA 9 8 q 3. located at the
Agre'ent") and fi,,the, Provisions Of a
subject to the t license Ses as a Suitable
erms and condition,
NOW agreement between A location fO Liccrle
and valuable ' set forth herein. and Licensee (the Is AR-AC
business, the cOnsiderati consideration 0 erem. Iticense
Parties hereboy"' inclu ding the ace f the mutual
agree as follo acre bv Lice Covenants herein
business use o i, WS: Mee of the contained d
Pursuant to - _prernses Premises as a I other good
Its License 11 Licensee Will Use the Premises onj Ocation for an RAC-
2. Si Agreement and forto other Y for the
Premis, 1917age, etc. Con,e Purposes whatsoever.
and decor Of Such 'Ssiona Operation Of an RAC
requirements cor as are currer'Or and Interior signs Ire hereby consents
Tern entlY re required I posters, Prot
ents ate changed in the future, not,
COnSent to L' 9ulred by Av' S Pursuant 1. to Licensed s use and d-
Iona] mate"als and , -
requirenIents Licensee compliance Concession 'he License I 'splay
with aire agree. Agreement NUIP122ent & On the
prohibit the wi ., nent
to the Modification Of its S Use Of Avi , Such changes, that it will In the rn'shings
tandards- Avis In the I event that
not UnreasOnabl Such'
S19nage, Avis , event that local Ordman Y wit
hhOld its
Ignage to comply with such rweIll not unxeasona CIS or z ,
quirements, bly Withhold its on'ng
consent
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3.
to Licensee lVot!
Nita* � ces co ncessiona.
mailer as any S Ining to any default 're agree, t
such notice - by Licensee ' R472ish Avis
any and all e IS sent to '. coPies of an
no amendments L Under the Concess,o Y and all letters an notices
, waivers "ensee. Licensee same t.
notices here amendments, n at the sar
to time by any p r will be mail extensions, d
Or delivered 'me and in the sar
arty through
written reue agrees to furrush As prompt written noti, ne
jjtten noti,, d.to the addresses Or Other Mod -e Of
4. mailed Or deli ses set IfIcat'Ons Of the
forth above,
License Agre 'lssigDtnent delivered to the otherparties. Concession. All
. concessi unless cha fror
Men Onalre 49ed n time
Concession. L' t that, In the
Lie 'Lice will . . hereby acknowledge,
Cone event Of terinination> for any reason
Lice in the Con, at Avis,
essionaire be., ession, includin Optlon, assign
by consents to S 9 any rights to to A th,'OrLiLeicne'nese, has agreed under he
V's Or Avis' designee O's default r
such assignment, renew the Concess. SIgnee any Under the
and an interest of
(a) Avis will subject to the folio Ion or to sublease
tertnination or expiration wing cOnditions: the PreniSes; and
Licensee notify concessionaire
Under the c Of the License failure to accept ... Oncess' * OD if A w
oncession ignin V's elects to ri'ing Within adaY (30) days C 4greemc'nt Or Aids,
event of accept ,gl, ys aft.,
ent Of the Conce receipt of any notice of default b
W" not be deemed ssion U
any future default O(L,, VISI rut ent Of the Conces y
a Waiver of A Pon any default of , .
(Licensee; S1012; Avis,
deliver (b) If Avis elect future right to accept Licensee Lind the
to Concessionair S to ace t such assignment under
cop ep assignment in the
concession , n fees) concession of Conce
j as the con., . s
containing the sale terms n, Avis
to any defaults , cl - sslon; Provided
aims that may then I however, that Avis, conces Will execute and
Of the pre (c) If Avis elect. to en exist bet and condit' - Ons (including
mises within Ween Concessona.111on interest
accept as Ire and Licensee;
not be
thirty (30) 1 see;
days aftei. notice Of such election to , Aids will t,,k
(d) Iment Of the Concession
sIgt
and all lV0thlg herein
amounts due Will affect Concessio Concessionaire.7 Possession
under as Provide Under the Concession naire,
rider the Concessi d under the Concession, or to exercise right to recover 5. on. nor Will Avis any rights of Ve--' from Licensee any
as Assigam be responsible Concessionaire
third Of the nt To Third P for Licensees against
rd party. Cone Concession3 Avis arlY. At 3 default
Sublease On th cessionaire agrees may request to all '. time after
cons e same terms not to U ass, . cone Vmg notice of its
ent to such as the co nreasonably assign Its ession, election to accept
assign, ncession, Withhold - Or sublease the Prenlises to pt
assignment Of the nt or sublease by A - , Provided, how, Its consent to any such assignme, a
' Concession and "'ill ha v1s, Avis - ler, that if any -
K. n lie no filrther have the right to re, onaire ref, nt or
agreed under the - -by Avis. C igatIon' thercUnder. oke its acceptance t ses to
location License Agreeme Oncession P ance Of
by r - aire and Licensee inspections, operated J-1 nt that Avis and cc hereby acknowledge that
correcting tecti censee at the P
ng Avis, remises its
de iciencies employees 01 agents
Premises y
Prevent at an reasonable t, Will have the ri Licensee has
Of Licensee. trade
such entry by Avis, its employ Concession , names, logos time for th ght
A and similar e to enter the
alre and L' PUrPose of Conducting
the 7• De-Iden ees or agents. 'censee hereby Propri't-7 interest,
tif, - agree not to interfere nd
rf a
License Agree, ere
certain steps to ent expires With or
de-identily not
and License
take ca""
the is to L hereby
he lo Lice
obligated clonOwledge that In
"ion as a' "A 'is " bu Is 'gat under the he event
business operated by e 1-1cense Agreement t
Licensee. concession i 0
a re
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1--f
agrees to cooperate fully with Avis in enforcing such provisions of th(ke License Agreement against
Licensee, including allowing Avis, its employees and agents to enter the w2 Premises and -remove signs,
decor and materials bearing or displaying any marks, designs or logos Of A Avis; Provided, however, that
Concessionaire will not be required to bear any expense thereof. Licens e agrees th at if it f ails to d c
-
identify the Premises promptly upon termination or expiration as required Winder the License Agreement,
Avis may cause all required de-identification to be completed at Licensee's e _°xpense.
8. General Provisions.
(a) This Agreement will be binding upon the parties hereto and their successors,
assigns, heirs, executors, and administrators.
(b) Any party hereto may seek equitable relief, in',cluding, without limitation,
injunctive relief or specific performance, for actual or threatened vi -
O-lation or non-performance of
this Agreement by any other party. Such remedies will be in additiO"bn to all other rights provided
for under law or other agreements between any of the parties, The P",)revailing party in any action
will be entitled to recover its legal fees together with court costs and Qexpenses of litigation.
(c) Nothing contained in this agreement will affect army term or condition in the
License Agreement between Licensee and Avis. Nothing herein wi,11 be deemed to constitute a
guaranty or endorsement by Avis of the terms and conditions (Z3f the Concession between
Concessionaire and Licensee. In the event that Avis, in its sole d4scretion, determines not to
accept assignment of the Concession as permitted hereunder, neither concessionaire nor Licensee
will have any claims against Avis. No terms or conditions contained in the Concession will be
binding on Avis unless it elects to accept assignment of the Concessio,11 hereunder.
IN WITNESS WIIEREOF, the parties hereto have executed this AliMcment as of the date first
above written.
ARL
By:
C:
Patrick J. Cp�'j
Its:
M e
Date:
!I.
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