HomeMy WebLinkAboutDennis and Doreen Klingele - Lease AgreementDENNIS G. & DOREEN A. KLINGELE
THIS LEASE, executed this day .of 39 between
the YAKIMA AIR TERMINAL - McALLISTER VI D, an agency of the City
of Yakima and County of Yakima, Washington, hereinafter referred to
as "LESSOR," and DENNIS G. & DOREEN A. KLINGELE, a married couple,
hereinafter referred to as "LESSEE":
W I T N E S E T H:
WHEREAS, LESSOR operates the Yakima Air Terminal - McAllister
Field, under the authority granted by the Joint Operations
Agreement signed by the City and County of Yakima, July 1, 1982,
hereinafter referred to as "Airport," and
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:
LESSOR does hereby lease and let unto LESSEE, and LESSEE does
hereby lease and take from LESSOR, approximately 6,645.50 sq
ft of land 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
Filename: Lease\Klingele99 1
description shall become a part of this Lease.
The tenancy created by this Lease shall commence on April 1,
1999 and terminate on March 31, 2039, unless otherwise
terminated as provided for herein.
3. MORTGAGE:
LESSEE and its assigns shall have, and are hereby given, the
right to mortgage the leasehold created by this Lease for an
amount not to exceed the possessory interest of the LESSEE and
for any term not exceeding beyond the lease terra., or any
renewal thereof. LESSOR shall be given written notice thereof
of any such mortgage, including the mortgagee's address and
loan number. LESSOR shall have no right to terminate this
Lease or retake possession of the premises or expel LESSEE
unless thirty (30) days' advance written notice of such
default is given by the LESSOR to LESSEE and LESSEE's
mortgagee at the last address provided in writing by LESSEE to
LESSOR. The mortgagee is hereby given the power and
authority, at its option, to cure all such events of default,
which may be cured by action of the LESSEE, and in the name,
place, and stead of the LESSEE. In the event a mortgage on
the leasehold is foreclosed, the purchaser at the foreclosure
sale may assign, sell, or otherwise dispose of the leasehold
interest, subject to approval by LESSOR of any such assignment
and sale and subject to approval by LESSOR of the assignee or
purchaser; such approval shall not be unreasonably withheld.
The assignment or sale of this Lease shall not relieve the
assignee or purchaser of any obligation under this Lease nor
relieve it from any terms of this Lease, nor from any
obligation to meet Airport rules, regulations and standards.
A. LESSEE promises and agrees to pay rent to LESSOR at the
rate of $6 5 per month for the leased premises, made in
advance on or before the 10th day of each month. Payments
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5.
shall be made to the Yakima Air Terminal - McAllister Field in
care of the Airport Manager's office. Any rental payment past
due shall accrue a delinquency charge of twelve percent (12%)
per annum.
B. The lease rental rate as provided for above shall be
subject to review and modification on every two year
anniversary of this Lease and shall be set at the then current
Aviation Rate.
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.
Upon execution of this lease by both parties, LESSEE shall
deposit with LESSOR the amount of one (1) month's rent plus
leasehold tax plus utilities 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
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rim
7.
8,
remedies provided herein. This deposit shall be adjusted from
time to time to reflect. adjustments in the rent and/or
leasehold tax.
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.
USE:
LESSEE agrees to use the Leased premises only for an
aeronautical oriented activity or for any other use allowed by
the Master Plan and the zoning of the property by the
appropriate jurisdiction as approved by the LESSOR. The use
of the property for any other purpose 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.
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.
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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.
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, buildings, trade
fixtures and other improvements, existing and future, in an
attractive and usable manner as determined by the Airport
Manager and consistent with other properties at the Airport.
Maintenance shall include, but not be limited to weed control,
garbage and debris removal, painting, snow removal and
pavement maintenance.
11. SIGNS:
LESSEE, at LESSEE I s own expense, m
type, number and location suitable
other advertising matter or devices s
in or about the leased premises or
Airport without the prior written
Manager, which approval shall not be
12. IMPROVEMENTS:
ay erect a sign (s) of a
to LESSOR. No signs or
hall be used or displayed
upon any portion of the
approval of the Airport
unreasonably withheld.
All buildings, trade fixtures and other improvements to the
leased property by LESSEE shall conform to applicable rules,
regulations and codes, and LESSEE shall procure all building
and other permits therefore. All buildings trade fixtures and
other improvements shall be designed with a view toward
aesthetic considerations and installation shall not commence
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until plans and specifications therefore have been submitted
to and approved in writing by the Airport Manager, which
approval shall not be unreasonably withheld. Approval of
LESSEE's improvements shall be deemed granted twenty (20) days
after submission in writing to the Airport Manager if no
response has been received by LESSEE. 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.
In the event this Lease is terminated due to default by LESSEE
or upon expiration of this Lease, LESSOR may, at its option,
either accept ownership of the improvements constructed or
installed on the Premises, except for trade fixtures, or
require LESSEE to remove such improvements within one hundred
twenty (120) days of such cancellation or expiration. LESSOR
shall notify LESSEE of its intent within sixty (60) days of
the cancellation or expiration.
Prior to the expiration of this Lease, 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. Fixtures not removed
within thirty (30) days after termination become the property
of the LESSOR unless other arrangements have been previously
approved in writing by the Airport Manager.
LESSEE shall, as additional consideration for grant of this
Lease, insure that all liens, security interest and other
encumbrances against said improvements and structures except
those created or suffered by LESSOR, whether consensual or
involuntary, shall be paid, discharged or satisfied prior to
time for reversion thereof to LESSOR; and, in any event, the
parties acknowledge that LESSOR shall not by virtue of
termination of the leasehold interest nor reversion of the
structures or other improvements be liable for any debt or
encumbrance associated therewith.
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14. LESSOR'S OPTION TO PURCHASE:
LESSEE shall notify LESSOR in writing in the event LESSEE
intends to sell any leasehold improvement(s) to a third party.
The notice shall contain a copy of the contract for such sale
binding the parties thereto, except for the right of LESSOR to
exercise this option, discounted by the LESSOR'S reversionary
interest in the premises. For a period of sixty (60) days
after its receipt of such notice, LESSOR shall have the first
right and option to buy the improvement-(s) on the same terms
and conditions as the intended sale minus the LESSOR's
reversionary interest.
15. 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.
16. 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
consider the extent
on the premises.
or not to approve
of the aeronautical
a sub-lease, shall
activities performed
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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.
According to the policy on SUB-LEASING INCOME in effect at the
time of this Lease, there is no requirement to share sub-lease
income because this Lease is for land only.
Should LESSEE exercise a renewal option, income derived from
sub-leasing in the renewal term shall be distributed to LESSOR
in accordance with its policy on SUB-LEASING INCOME in effect
at the time of renewal. LESSEE hereby assumes an affirmative
duty to inquire at the time of renewal to comply with the SUB-
LEASING INCOME policy in effect at that time.
17. ASSIGNMENT:
LESSEE shall not assign this Lease without the prior written
approval of LESSOR, such approval not to be unreasonably
withheld. Such assignment shall be in conformance with all
applicable Airport Board, 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, 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.
18. 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
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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 by LESSOR to protect the operations of the Airport
against obstruction, or any other activity interfering with
the efficient operation of the Airport, together with the
right to prevent LESSEE from erecting, or permitting to be
erected, any building or other structure on the Airport which,
in the opinion of the Airport Manager, would limit the
usefulness of the Airport or constitute a hazard to aircraft.
Lessee shall limit the building area to that portion of the
property which is north of the building restriction line as
defined by the Airport Layout Plan and to a height not to
exceed thirty five (35) feet.
E. During time of war or national emergency, LESSOR shall
have the right to lease the landing area or any part thereof
to the United States of America for military use, and, if any
such lease is executed, the provisions of this Lease shall be
suspended insofar as they are inconsistent with the provisions
of the lease agreement with the United States of America.
F. This Lease shall be subordinate to the provisions of any
existing or future agreement between LESSOR and the United
States of America relative to the operation or maintenance of
the Airport, the execution of which has been or may be
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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 feasibley 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.
A. At no expense to LESSOR, LESSEE shall defend against and
indemnify fully and save harmless the Board of the Yakima Air
Terminal - McAllister Field, the Yakima Air Terminal -
McAllister Field, the City of Yakima and Yakima County and
their elected and appointed officials, employees and agents,
from any and all liability, damages, suits, claims, actions,
judgements or decrees, made against the Board of the Yakima
Air Terminal - McAllister Field, the Yakima Air Terminal -
McAllister Field, the City of Yakima or Yakima County 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.
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B. 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.
C. LESSEE shall keep and hold the Board of the Yakima Air
Terminal - McAllister Field, the Yakima Air Terminal -
McAllister Field, the City of Yakima and County 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.
20. INSURANCE:
LESSEE shall file with LESSOR a certificate of insurance, or
other proof of insurance acceptable to LESSOR, evidencing an
insurance policy with the Board of the Yakima Air Terminal -
McAllister Field, the Yakima Air Terminal -McAllister Field,
the City of Yakima and County 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 LESSEE's
occupancy of and activities pertaining to the leased
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premises.
LESSEE specifically agrees that insurance limits shall be
reviewed at least every five (5) years and that LESSOR may
make reasonable adjustments to the required limits.
Not less than 30 days written notice, or other such time
period as may be acceptable to LESSOR, must be supplied to
LESSOR in the event of cancellation, material change to the
policy or non-renewal of any or all policies. Certificate
shall be issued by carrier(s) with a minimum A.M. BEST rating
of A-VII which are admitted in the State of Washington or
other such carriers as shall be acceptable to LESSOR.
A. TENANT IMPROVEMENTS: In the event the construction in
accordance with Section 12-IMPROVEMENTS herein, or
improvements thereto, are partially or totally damaged by fire
or other casualty, the LESSEE shall repair or replace the same
at its own expense. 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 Board. LESSOR shall
notify LESSEE of its intent within thirty (30) days of receipt
of LESSEE's notification. If LESSOR elects to have LESSEE
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remove the improvements, LESSEE shall have sixty (60) days to
do so.
B. OTHER AIRPORT PROPERTY: In the event of damage or
destruction of Airport property caused by the LESSEE, its
agents, employees, aircraft or other equipment, LESSEE agrees
to repair, reconstruct, or replace the affected property to
the condition which existed prior to such damage or
destruction, to the extent that same is not covered by
insurance required under this Lease. LESSEE further agrees to
cause such repair, reconstruction or replacement or affected
property with due diligence.
22. DEFAULT, TERMINATION & FORFEITURE:
A. The failure by LESSEE to pay rent in the amounts and at
the times specified herein, or the failure by LESSEE to
otherwise comply with any term, provision or condition of this
Lease, shall constitute grounds for termination of this Lease
and forfeiture of all rent paid by LESSEE to the time of
termination. This Lease and tenancy shall terminate and rent
paid shall be forfeited for cause as specified above on
written notice by LESSOR to LESSEE stating the amount of rent
in default or otherwise stating accurately the manner in which
LESSEE fails or has failed to comply with this Lease. LESSEE
shall make full payment or otherwise comply with this Lease in
the manner specified in the notice within thirty (30) days
(except three (3) days for payment of rent) from LESSEE's
receipt of such notice, otherwise this Lease and tenancy shall
be terminated and rent forfeited. Such notice shall be given
in writing and served on LESSEE by personal delivery or mailed
by certified mail with return receipt requested addressed to
LESSEE at its address stated below LESSEE's signature to this
Lease or such other address as the parties may advise each
other in writing. It is further agreed that after receipt of
notices and as an additional condition to avoid forfeiture,
LESSEE shall pay LESSOR's costs and expenses, including
attorney's fees, for the preparation and service of such
notice. Nothing contained herein shall release or diminish
LESSEE's obligation to pay rent for the full term of this
Lease save such amount as LESSOR recovers as rent from any
subsequent lessee during the term of this Lease. Notices
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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 additional and not alternative remedy, optional with
LESSOR and upon thirty (30) days written notice to LESSEE,
should LESSEE be in default hereunder other than default in
the payment of rent, LESSOR may cure or correct the same and
the cost of such action by LESSOR shall immediately become due
and payable from LESSEE, together with late fees on said sum
at a rate of 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 BOARD 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 BOARD from the premises and shall repair any
damage to the premises caused by such removal. Any personal
property of LESSEE, or anyone claiming under LESSEE, which
shall remain upon the premises at the expiration or
termination of this Lease shall be deemed to have been
abandoned and may be retained by BOARD as BOARD'S property or
disposed of by BOARD in such manner as BOARD sees fit without
compensation to any party.
23. 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
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,
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without prejudice to any remedies which might otherwise be
available to LESSOR for collection of past due or future rent.
It is understood and agreed that the mortgagee (ref. Section
3) shall have the option to cure any default under this
Section.
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, 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.
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
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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.
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.
27. 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
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in writing, signed by the party to be charged.
Time is of the essence of this entire Lease.
Filename: Lease\Klingele99 17
LESSOR:
YAKIMA AIR TERMINAL - McALLISTER FIELD
2400 W. Washington Avenue
Yakima, Washington 98903
(509) 575-6149 - phone
(509) 575-6185 - fax
owl
a, Secretary
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that William K.
Elkins and Fred Iraola 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 / :
No aryy�
Appoin blic tment Ex es a
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Filename: Lease\Klingele99 18
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DENNIS G. & DOREEN A. KLINGELE
5106 West Viola Avenue
Was ng
Yakima , QL 98908
DENNIS �KLIN'GELE
DOREEN A. KLITMWMV�
(509) 966-4868 home
(509) 966-5300 office
(509) 966-8002 (fax)
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Dennis G.
Klingele signed this instrument and acknowledged it to be his free
and voluntary act for the uses and purposes mentioned in the
instrument.
4
B-�\, k k , , A 1-f fil", 1,-\ C, x ,
Nomty Public - I
Appointment Expires
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Doreen A.
Klingele signed this instrument and acknowledged it to be his free
and voluntary act for the uses and purposes mentioned in the
instrument.
Date
By:
Notari,911 lic
Appointment Expires
Filename: Lease\Klingele99 19
Exhibit "A" to Lease Agreement between
Dennis G. and Doreen A. Klingele and the
Yakima Air Terminal - McAllister Field
Lease Site Area - 6,646.5 sq-ft.
Lease Effective Date: April 1, 1999
------- -------- ----
Cit,. Well Hjuse
I
i a v
Lease Site rea
Notes: The Yakima Air Terminal does not
guarantee the availability of or suitability of
utility services to the lease site area, Utilities
include, but are not limited to: electrical power;
water; sewer; gas; fire protection; telephone; -cable, etc. =Existing bungs
Set-back distances shall be per City of Yakima Code regulations.