HomeMy WebLinkAboutEmpire Airways - Airport Use AgreementAGREEMENT, made
-L)h&h-e-jL� `_______, 198B
Board, an agency of
hereinafter celled the
called the Licensee:
WITNESSETH;
til
and entered into this _/-Z ... day of
by and between the Yakima Air Terminal
the City of Yakima and County of Yakima,
Board and Empire Airways, hereinafter
WHEREAS* the Board operates an airport known as the Yakima Air
Termlnalp 2300 West Washington Avenue, Yakima, Washington 98903;
and
WHEREAS, Licensee is engaged in the business of air
transportation with respect to property and cargo, and
WHEREAS, Licensee desires to use certain facilities, rights,
licenses, services and privileges in connection with and on the
Airport" and the Board is willing to lease the same to Licensee
upon the terms and conditions hereinafter stated,
NOW THEREFORE, for and in consideration of the premises and of
the mutual covenants and agreements herein contained, and other
valuable considerations, the Board does hereby let unto Licensee
certain uses, facilities� rights, licenses, services and
privileges in connection with and on the Airport as follows:
A. USE OF AIRPORT: The use* in common with others authorized
so to do, of the Airport and appurtenances, together with all
facilities, equipment° improvements and services which have been
or may hereafter be provided at or in connection with the Airport
from time to time including without limiting the generality
hereof, the landing field and any extensions thereof or additions
thereto, roadways, runways, aprons» taxiways, flood lights,
landing lights, beacons, signals and all other conveniences for
flying, landings and takeoff* of aircraft of Licemsee° which use,
without limiting the generality hereof, shall include:
1) The right to operate a transportation system by aircraft
for the carriage of property and cargo (hereinafter referred to
as "air transportation");
2) The right to train, subject to rules and regulations= as
promulgated under Article VIII hereof, on the Airport, personnel
in the employ of or to be employed by Licensee, provided that
such right shall not be construed as authorizing the conduct of
separate business by Licensee, but shall permit Licensee to
perform such functions as incident to its conduct of air
transportation;
8> The right to land, take-affv fly, taxi, tow, park, load
and unload Licensee's aircraft and other equipment used in the
operation of scheduled* shuttle, test, training and emergency
flights, including without limiting the generality hereof, the
right to load and unload Licensee's aircraft at locations
specified by the Airport Manager and subject to all applicable
rates and charges.
ARTICLE II - TERM
The term of this Agreement shall be for a period commencing on
June 1° 1988 and continue on a month-to-month basis until
terminated by either party upon thirty (30) days prior written
notice.
ARTICLE III - RENTALS, FEES AND REPORTS
Licensee agrees to pay to the Board for the use of the premises,
facilities: rights, licenses, services and privileges granted
hereunderr, the following rentals' fees and charges, all payable
monthly. Licensee shall, following the end
month, transmit to the Board a statement
landings performed by Licensee's aircraft at
incurred by Licensee during said month and the
by Licensee within fifteen (15) days after
calendar month. A late charge of eightee/
annum will be charged on all late payments.
of each calendar
of the number of
airport and fees
same shall be paid
the end of each
1 (18%) percent per
A. Activity Fees: From and after the commencement of the term
hereof, rentals, fees and charges for the use of all the
premisesr facilities, rights, licenses, services and privileges
granted hereunder shall be represented by landing fees as
,/follows:
^7
Landing-fees for Licensee's flights landing at the
Airport c uted at the rate of $.36 per thousand pounds of
appro maximum gross weight, with a minimum of Two
D o s and 50/100 ($2.50) per landing. Fees may be
�op r �Oar __
d justed upon sixty (60) days prior written notice by the
16)The term "approved maximum gross weight" for any aircraft, as
used herein, shall be the maximum gross weight approved by the
Federal Aviation Administration (per A.C. 150/5325-5 latest
edition) for operating such aircraft at the Airport.
B. Reports and Records: The Licensee agrees to keep accurate
books, records and accounts and to submit such monthly statements
if W,
as may be required to support the payment of such fees and
levied by the Airport. The Board and its
charges as may be
agents shall have the right at all times and at all ordinary
business hours of the day, to inspect and examine such records,
accounts, books, contracts, and other data relating to Licensee's
operations, Licensee shall furnish, upon request of the Board,
arrival and departure schedules at the Yakima Air Terminal, and
other information that the Board may from time to time reasonably
request.
ARTICLE IV - RIGHT TO LEASE PROPERTY
The Board represents that it has the right to lease the demised
premises licenses, services and privileges herein granted and
that Licensee has full power and authority to enter this
agreement.
ARTICLE V - RIGHT TO PURCHASE SUPPLIES AND MATERIALS
Licensee shall have the right to purchase or otherwise obtain
personal property of any nature, other than gasolinen fuel and
propellants, deemed by it to be required by, or to, Licensee's
operations, its exercise of the rights herein granted and its
discharge of the obligations herein imposed, from any person,
partnership, firm, association, or corporation it may choose. In
the event Licensee purchases or takes delivery of gasoline, fuel,
or other propellant at the Airport, Licensee expressly agrees to
make such purchase from persons permitted to dispense gasoline,
fuel or other propellants at the Airport.
ARTICLE VI - LICENSES, FEES AND TAXES
Licensee agrees to procure any licenses or permits that may be
required in connection with Licensee's activities on the Airport
and to pay any and all real and personal property taxes levied
from time to time upon improvements and/or personal property
placed upon the demised premises promptly, and not allow the same
to become delinquent. It is the mutual intention of the parties
that the Board shall not be required to pay any taxes on either
real or personal property by reason of permitting Licensee to use
said premises as hereinbefore described.
The Board, during the term of this lease, shall operate, maintain
and keep in good repair the Airport, including without limiting
the generality thereof, all field lighting and other
appurtenances, facilities and services which the Board has agreed
to furnish and supply hereunder.
Licensee and its employees, agents and servants will obey such
rules and regulations as may from time to time be promulgated by
the Board or its authorized agents in charge of the Airport to
ensure the safe and orderly conduct of operations and traffic to,
from, or upon the demised premises, and Licensee and its
employees, agents, and servants will obey such rules and
regulations as may from time to time be promulgated by the United
States or any department or agency thereof and by the State of
Wa5hington for like purposes.
The Board shalI have no control whatsoever over the rates, fares,
or charges that Licensee may prescribe for any of its services
to, from, through or at the Airport, or between the Airport and
Licensee's stopping places.
In any of the following events, the Board, at any time hereafter,
shall have the right at the Board's election immediately to
terminate this lease and agreement:
A. Failure to Pay Fees: In the event Licensee shall fail to pay
the rentals, fees and other charges in the amounts and at the
time and in the manner herein provided and such failure shall
continue for ten (10) or more days after written notice thereof
shall have been given to Licensee.
B. Violation of Covenant: In the event Licensee shall fail to
keep or perform or shall violate any of the terms, covenants, and
conditions of this lease and agreement and Licensee shall not
have cured or corrected such failure or violation within thirty
(30) days after written notice thereof shall have been given to
Licensee, or three (3) days in the case of default in payment of
C. Insolvency: If Licensee shall make an assignment for the
benefit of creditors, or shall file a petition of bankruptcy or
shall be adjudged a bankrupt, or the interest of Licensee under
this lease be levied upon and sold upon execution or shall by
operation of law become vested in another person, firm, or
corporation, because of the insolvency of Licensee; or, in the
event that a receiver or trustee shall he appointed for Licensee
or the interest of Licensee under this lease.
D. Abandonment by Licensee: In the event Licensee shall vacate
or abandon use of the Air Terminal facilities.
ARTICLE XI - CANCELLATION BY LICENSEE
This agreement shall be subject to cancellation by Licensee in
the event of any one or more of the following events:
A. The permanent abandonment of the Airport as an air terminal.
B. The lawful assumption of the United States government, or any
authorized agency thereof, of the operation, control or use of
the airport and facilities in such a manner and to such an extent
as to materially interfere with Licensee's operation thereon for
a period of at least ninety (90) days.
O. Issuance by any court of competent jurisdiction of any
injunction in any way preventing or restraining the use of the
airport in such a manner and to such an extent as to materially
interfere with the operation of Licensee's air transportation
operationsp and the remaining in force of such injunction for a
period of at least niney (90) days.
D. The default by the Board in the performance of any covenant
or agreement herein required to be performed by the Board and
the failure of the Board to remedy such default for a period of
forty-five (45) days after receipt from Licensee of written
notice to remedy the same.
E. Inability of Licensee to use, for a period in excess of sixty
(60) days, any leased premises because of fire, explosion,
earthquakep other casualty or acts of God, provided that the same
is not caused by intentional or negligent acts of the Licensee,
its servants, agents or employees.
ARTICLE XII - INDEMNITY
Licensee agrees to indemnify, defend and hold the Board harmless
from and against all liability for injuries to persons or damage
to property caused by Licensee's use or occupancy of the demised
premises; provided however, that Licensee shall not be liable for
any injury, damager or loss occasioned by the negligence of the
Board, its agents, or employees; and provided further° that the
Board shall give to Licensee prompt and timely notice of any
claim made or suit instituted which in any way directly or
indirectly, contingently or otherwise affects, or might affect
the Board and Licensee shall have the right to compromise and
defend the same to the extent of its own interest. The Board
shall not be liable to the Licensee for claims or damages arising
from any defect in the construction of or the present condition
of the Airport, whether known or unknown, or for damage by storm,
rain, ash fall, flood or leakage or other natural causes.
The Licensee hereby agrees to carry single limit public liability
insurance covering bodily injury and property damage in e minimum
amount of $500,000.
All said policies shall provide for a minimum of thirty (30) days
notice to the Board in the event of cancellation or material
change in the terms thereof. It is further agreed that the
Licensee shall file a certificate of insurance with the Board
showing the existence and validity of said insurance. Licensee
shall cause the City of Yakima, County of Yakima and the Yakima
Air Terminal Board to be shown as additional named insureds on
its liability policy.
In the event Licensee or any sublicensee, employee, invitee~ or
agent commit5 any act or omission that results in a penalty or
fine imposed upon the Board, Licensee agrees to pay such fine or
penalty and hold the Board harmless from costs and expenses in
connection therewith.
ARTICLE XIII - ASSIGNMENT AND SUBLETTING
Licensee shall not at any time assign this agreement or any part
thereof without the consent in writing of the Board; provided,
that the foregoing shall not prevent the assignment of this
agreement to any corporation with which Licensee may mereege or
consolidate or which may succeed to the business of Licensee or
to the United States government or any agency thereof. No such
subletting, however, shall release Licensee from its obligations
to pay any and all rentals, charges and fees provided herein.
ARTICLE XIV - NOTICES
Any notice required by the terms and provisions of this agreement
shall be deemed given when placed in the United States mail as
either certified or registered mail addressed as follows.
To Boardr Yakima Air Terminal
2300 W. Washington Ave.
Yakima° Washington 98903
To Licensee: Empire Airways
1101 Airport Drive
Hayden Lake, Idaho 83835
All cove*mantsp stipulations and agreements in this agreement
shall extend to and bind the legal representatives, successors
and assigns of the respective parties hereto. Nothing in this
provision shall be deemed to waive the restrictions on assignment
and subletting contained in Article XIII above.
Waiver by either party of strict performance of any provision of
this lease shall not be a waiver of or prejudice the party15
right to require strict performance of the same provision in the
future or of any other provision.
ARTICLE XVII - ATTORNEY FEES
If suit or action is instituted in connection with any
controversy arising out of this lease, the prevailing party shall
be entitled to recover in addition to costs, such sums as the
Court may adjudge reasonable as attorney fees for any litigation
herein' and venue of any such action shall lie in Yakima County,
Washington, Superior Court.
ARTICLE XVIII - NONDISCRIMINATION
The Licensee in the operation and use of the premises and of the
facilities of the Yakima Air Terminal shall not discriminate an
the grounds of race, color, national origin or sexx discriminate
nor permit discrimination against any person or group of persons
in any manner prohibited by applicable law and shall abide by the
provisions of part 21 of the Rules and Regulations of the Office
of the Secretary of Transportation, effectuating Title VI of the
Civil Rights Act of 1964.
This lease shall be subordinate to the pro
or future agreement between the Board
relative to the operation or maintenance
execution of which has been or which
condition precedent to the expenditure of
development of the Airport.
STATE OF WASHINGTON)
) ss^
County of Yakima >
vision of any existing
and the United States
of the Airport, the
may be required as a
federal funds for the
YAKIMA AIR TERMINAL
____~_ _____________________
Gary S.��obbin5, Airport Manager
On this day personally appeared before me Gary S. Robbins, to me
known to be the Airport Manager of the Yakima Air Terminal, the
entity that executed the within and foregoing Airport Use
Agreement, and acknowledged the same instrument to be the free
and voluntary act and deed of said Board, for the use and
purposes therein mentioned, and on oath stated that he has
authority to execute this Lease Agreement on behalf of said
Board~
G der my hand and
________, 1988.
official sea this daY
Nrtary Public in and for the State
of Washington, residing at Yakima
IIMPZBE AIRWAYS
Title:
Address: 11101 A* �t ���_________
Phone:__ ___________
STATE OF IDAHO
� ss^
County of _)
On this 57 day of - A ------------------ 1989" before me
the undersigned, a notary public in and for the State of Idaho
duly commissioned and sworn* personally appeared
_____________� to me known to b� the _____
individual descrdbed in '&nd who executed the foregoing document*
and acknowledged said instrument to be his/her free and voluntary
act and deed for the uses and purposes therein mentioned.
Witness my hand and official seal hereto affixed the day and year
first above written. ,
�____________________
Notary 4lic �" in and for the
State of Idaho
residing a