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AIRPORT LEASE AGREEMENT
TAIS AGREEMENT, executed this 41'/1-day of 1982,
by and b6tween the YAKIMA AIR TERMINAL BOARD, an agency of the City
and County of Yakima, Washington, hereinafter called the Board, and
the YAKIMA INDIAN NATION,, hereinafter called the Lessee:
W I T N E S S E T H:
WHEREAS, the Board owns and operates the Yakima Air Terminal and
has ground space available for lease as provided by this agreement,
and Lessee desires to occupy and use such ground space in accordance
with this agreement.
NOW, THEREFORE, in sideration of the mutual promises contained
herein and the benefit to. derived by each party, the parties agree as,
follows:
1. Premises: The Board does hereby leai�e' and let unto Lessee,
and Lessee does hereby hire and take from the Board, certain ground
space at the Yakima Air Termi City of Yakima;-Yakima County,
Washington, as that ground space i depicted on the drawing marked
y
Exhibit "A", attached hereto and by, his reference made a part hereof,
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together with the right of ingress to, d egress from the leased premises
over and across common public access ways, together with the right of
access between the leased premises and adjacent taxiway.
2. Term: The tenancy created by th gree nt shall commence on
May 1, 1982 and expire on December 31,, 199 ..
3. Rental; A. Subject to the provisions of sub•paragraph B of
\Ss this paragraph, Lessee promises and agrees t8,,,,,V_ay r atal to the Board
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ay
q� `z_ at the rate of $2,954.70 per year for the leas' P ises, which payment
shall be made in twelve (12) equal monthly inst I \ ments due in advance
on or before the tenth day of each month. Paymen all be made to the
Yakima Air Terminal Board, Airport Manager's Offic 'a . the Yakima Air
Terminal. Any rental payment past due shall accrue %elinqu-ncy charge
of eighteen percent (18%) per annum.
B. The rental rate provided by sub-paragraph A oil, is paragraph
shall be subject to review and modification at two year 1,n rvals during
the term of the tenancy on the second, fourth, sixth and 4i h- year
anniversary of the commencement of the term. For purposes this
section, the lease term shall be deemed to have commenced J ary 1, 1982.
A decision that a rental rate adjustment is necessary shall be'.based on
1 the following criteria:
(a) The original change in the cost of living as measured
by the Seattle/Everett Metropolitan Area Consumer Price7—,_
Index All Urban Consumers;
(b) General changes in the value of real estate having comparable
use; and _V-�
(c) The relationship between revenues and expenditures at the
Yakima Airport.
It is anticipated that the Board and the Lessee will agree as to
the need for, and/or rate of,, any rental adjustment. In the event of
disagreement between the parties as to the need for, or the rate of,
an adjustment, the rental rate shall be adjusted according to the
average fixed base operation land rental rates at the following airports:
Tri-Cities/Pasco; Spokane International; Bowers Field - Ellensburg;
Pullman/Moscow; Walla Walla; Richland; Wenatchee and Grant County
(Moses Lake). The actual amount of adjusted rental shall be computed
according to the following schedule of rates:
The year two adjusted rental shall equal 60 percent of such average
rental rate;
The year four adjusted rental shall equal 70 percent of such average
rental rate;
The year six adjusted rental shall equal 80 percent of such average
rental rate;
The year eight adjusted rental shall equal 90 percent of such average
rental rate; and
The year ten adjusted rental and adjustment for all years thereafter
shall equal 100 percent of such average rental rate.
4. Taxes and Liens: In addition to the rental reserved in paragraph 3
of this agreement, Lessee promises and agrees to pay, as the same become
due and payable, all license fees and taxes, including but not limited to
the leasehold excise tax (R.C.W. 81.29 A), required to be paid by Lessee
by reason of this lease agreement for 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.
5. Utility and Janitorial Service: Lessee shall pay for electrical
power, and shall also be responsible for paying for any other utility
service, to the leased premises. Lessee shall also obtain and pay for
its own janitorial service.
6. Use: Lessee promises and agrees to use the leased premises as a
general aviation fixed base operation. The use of the premises for any
other purpose shall lie deemed a material breach of this agreement
I 'I
constituting grounds for its termination.
7. Improvement: All buildings and other improvements by Lessee to
the leased premises shall conform to applicable construction codes, and
Lessee shall procure all building and other permits. therefrom. All such
improvements shall be designed with a view toward aesthetic considerations
and shall include landscaping features; and work on any improvements shall
not commence until plans and specifications therefor have been submitted
to and approved by the Airport Manager as to aesthetic considerations and
landscaping features.
8. Ownership and Removal of Buildings: The parties agree that
ownership of the buildings now existing or later constructed by Lessee
on the leased premises shall remain in Lessee; provided electrical and
other utility service facilities and connections shall constitute realty
owned by the Board and shall not be subject to removal on the expiration
or termination of the tenancy.
Subject to the rights and options of the Board as provided in para-
graph 9 of this agreement, upon the expiration or termination of the
tenancy, Lessee may remove its buildings from the premises, with such
removal to be accomplished within thirty (30) days from such expiration
or termination. Lessee, in its removal of the buildings, shall use care
so as to minimize damage to the premises, including the electrical and
utility services thereto and the taxi ramp constructed thereon.
In the event Lessee fails to remove its buildings from the premises
within thirty (30) days from such expiration or termination, the buildings
shall then become part of the real estate and title thereto shall vest in
the Board. Time is of the essence with respect to this provision.
9. Board's Option to Purchase: During the tenancy or anytime there-
after before the removal of the building(s) from the leased premises, as
contemplated by paragraph 8 of this agreement, Lessee shall notify the
Board in writing in the event Lessee intends to sell any such building(s)
to a third party, which notice shall contain a copy of a contract for such
sale binding the parties thereto except for the right of the Board to
exercise this option. For a period of fifteen days after its receipt of
such notice, the Board shall have the first right and option to buy the
building(s) on the same terms and conditions as the intended sale.
Further, the Board shall have the absolute right and option to purchase
any or all of Lessee's buildings on the leased premises on the termination
or expiration of the tenancy, regardless of whether terminated by either
party giving notice to the other at the end of the ten year term, or
whether the tenancy expires at the conclusion of the six year renewed term,
all as contemplated by paragraph 16 of this agreement. This option may be
exercised by the Board after such notice of termination is given by either
party, but written notice of the Board's intent to exercise this option
must be given no later than sixty (60) days prior to the termination or
expiration date, whether at the end of the ten year or sixteen year term.
Further, in the event of termination of this agreement and forfeiture
of rental as provided by paragraph 14 of this agreement, the Board shall
have the absolute right and option to purchase any or all of Lessee's
buildings on the leased premises upon the Board's giving written notice
to Lessee of the Board's intent to exercise this option, which.notice must
be given simultaneously with the notice of termination and forfeiture.
In the event the Board exercises any of its optional rights pursuant
to this paragraph, it is contemplated that the parties shall negotiate in
an effort to agree on a mutually satisfactory purchase price. However,
in the event the parties cannot agree on a purchase price, the price shall
be determined by an appraisal performed by an appraiser who shall be chosen
by mutual agreement of the parties, and the cost of such an independent
appraisal shall be borne equally by the parties.
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10. Subletting -- Assignment: Lessee shall not assign or otherwise
transfer this lease agreement nor sublet the leased premises or any part
thereof without first obtaining written consent of the Board; and such
consent may be given or withheld at" the discretion of the Board, but such
consent shall not be unreasonably withheld.
11. Indemnity _and Waiver: Lessee shall: defend the Boara against,
and indemnify and hold the Board harmless from, every claim of any nature
whatsoever made against the Board based . on or arising from the occupancy
of the leased premises by Lessee or from any act or omission of Lessee,
its employees, agents or any other person acting on behalf of Lessee or
under its direction. Lessee shall file with the Board a certificate of
insurance, or other proof of insurance acceptable to the Board, evidencing
an insurance policy with the Board, City of Yakima and County of Yakima
as additional insureds providing comprehensive liability insurance coverage
in amounts of not less than $250,000 for one person and $500,000 for any
one accident involving injury to more than one person, with property damage
insurance in the minimum amount of $250,000 for any one accident covering
Lessee's occupancy of and activities pertaining to the leased premises.
12. Regulations:- Lessee agrees to comply with all laws, ordinances,
rules and regulations applicable to the use and operation of Yakima Air
Terminal property, facilities and operations as those laws, ordinances,
rules and regulations now exist or may hereafter become effective so as
to apply to the occupancy and use by Lessee of the leased premises and the
conducting of Lessee's operations thereon or therefrom.
13. Miscellaneous Provisions:
(a) The parties agree that the Board, through its Airport Manager,
or other person authorized by either of them, may enter upon the leased
premises at any reasonable time to make such inspections as the Board may
deem expedient to the proper enforcement of any term, provision or condi-
tion of this lease agreement; provided, no such entry and inspection by
the Board is required by this agreement, and the failure of the Board to
enter and make inspection shall not alter the relationship of the parties
and their respective rights and duties provided by this agreement.
(b) The Board may further develop or improve Yakima Air Terminal
property and facilities as it deems desirable, regardless of the desire
or views of Lessee in connection with any such development or improvement,
and without interference or hindrance on the part of Lessee and without
liability to Lessee.
(c) The Board reserves the right,�but shall not b.e 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
dir'ect and control all activities of Lessee in that regard.
(d) The Board reserves the right to take any action deemed necessary
or desirable by the Board to protect the aerial approaches of the airport
against obstruction, together with the right to prevent Lessee from
erecting, or permitting to be erected, any building or other structure an
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the Yakima Air Terminal which, in the opinion of the Airport Manager,
would limit the usefulness of the Yakima Air Terminal or constitute a
hazard to aircraft.
(4) During the time of war or national emergency, the Board shall
have the right to lease the landing area or any part thereof to the United
States Government for military use, and, if any such lease is executed,
the provisions of this lease agreement shall be suspended insofar as they
are inconsistent with the provisions of the lease agreement with the
United States Government.
This lease agreement shall be subordinate to the provisions of
any existing or future agreement between the Board and the United States
of America relative to the operation or maintenance of the Yakima Air
Terminal, the execution of which has been or may be required as a condition
precedent to the expenditure of federal funds for the development of the
Yakima Air Terminal, and is further subordinate to applicable rights of
eminent domain.
14. Termination and Forfeiture: The failure by Lessee to pay rental
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 agreement,
shall constitute grounds for termination of this agreement and the tenancy
hereby created and for forfeiture of all rental paid by Lessee to the time
of termination. This agreement and tenancy shall terminate and rental
paid shall be forfeited for cause as specified above on written notice by,
the Board to Lessee stating the amount of rental in default or stating
the breach by Lessee on which the termination is based, and that Lessee
shall pay the rental in default or otherwise comply with this agreement in
the manner specified in the notice within thirty (30) days from Lessee's
receipt of such notice (except three (3) days notice for default in payment
of rent), otherwise this agreement and tenancy shall be terminated and
rental forfeited. Such notice shall be given in writing and personally
served on Lessee in the manner provided by law or service of summons and
complaint, or mailed by certified mail with return receipt requested
addressed to Lessee at its address stated below Lessee's signature to this
agreement. Lessee's obligation to pay the remainder of rents due hereunder
shall abate only to the extent rental income is received from a succeeding
tenant, if at all.
In the event of such termination and forfeiture, the Board may
exercise its right and option to buy any or all of Lessee's buildings on
the leased premises, as provided by paragraph 9 of this agreement.
15. Non-Discrimination Clause: In the event Lessee engages in
service to the public in its business conducted on or from the leased
premises, Lessee agrees and promises to furnish such services to the public
on a fair, equal, and not unjustly discriminatory basis to all users
thereof, and to charge fair, reasonable, and not unjustly discriminatory
prices for each unit of service, provided, that Lessee may make reasonable
and not discriminatory discounts, rebates or other similar types of price
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reductions to volume purchasers of Lessee's services. Lessee further
promises and agrees that it will not, on the grounds, of race, color,
or national origin, discriminate or permit discrimination against any
person or group of persons in any manner prohibited by federal law and
regulations. Lessee's breach of any promise or agreement contained in
this paragraph shall constitute grounds for the termination of this
agreement, and in addition thereto, the Board shall have the right to
take such other remedial action as the United States Government may
direct.
16. Automatic Renewal: This lease, and the tenancy hereby created,
shall be automatically renewed for one six (6) year term following its
initial expiration date of December 31, 1991, unless either party gives
written notice of termination to the other party no less than 90 days
prior to the lease expiration date. During that renewed term, the provi-
sions, terms and conditions of this agreement shall apply, except that the
rental rate shall be subject to adjustment at that time to reflect 100 per-
cent of the average rental, as computed by the formula set out in sub
paragraph 3B of this agreement; and rental rates will continue to be subject
to review during the renewed term at two (.2) year intervals on the twelfth
and fourteenth anniversary of the commencement of the original term.
17. 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 ekecu-
tion to satisfy any judgment against Lessee, then in that event the Board
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 agreement and the tenancy hereby created shall abso-
lutely terminate, but without prejudice to any remedies which might other-
wise be available to the Board for collection of past due or future rent
for any breach by Lessee of any covenants contained in this agreement.
18. Removal Finangin&: In the event of any termination of this
lease by the Board, by reason of the implementation of the expansion program
under the Yakima Municipal Airport Master Plan as now existing or as the
same shall be amended, and in the further event that federal funding pro-
vides financing for the removal of improvements and facilities, it is
agreed and understood that the Board shall take all steps reasonably
necessary to obtain financial assistance for the removal of Lessee's
building to a new location within the boundary of the Yakima Air Terminal.
19. In the event of litigation to enforce the rights and obligations
hereunder, venue shall lie in Yakima County Superior Court, and the pre-
vailing party shall be entitled to its reasonable attorney fees in addition
to court costs.
Executed the day and year first above written.
YAKIMA AIR TERMINAL BOARD
e ro�L_
Chairman
Secretary
STATE OF WASHINGTON
ss.
County o f Yakima
LESSEE:
YAKIMA INDIAN NATION
By.
ibal Council Member
Address of Lessee:
On this day personally appeared before me William F. Almon, and Don
Heinen, to me known to be the Chairman and Secretary respectively of the,
Yakima Air Terminal Board, the entity that executed the within and fore-
going Lease Agreement, and acknowledged the same instrument to be the
free and voluntary act and deed of said Board, for the uses and purposes
therein mentioned, and on oath stated that they are authorized to execute
this Lease Agreement on behalf of said Board.
GIVEN under my hand and official seal this �� day of,�
1982.
A
Notary Public in and for the State
of Washington, residing at Yakima
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April 26, 1989
Cub Crafters
Mr. Jim Richmond
P.O. Box 9823
Yakima, WA 98909
Dear Jim:
Your lease with the Yakima Air Terminal specifies that: * "LESSEE
agrees to comply with all laws, ordinances, rules and regulations
applicable to the use and operation of Yakima Air Terminal
property, facilities and operations as those laws, ordinances,
rules and regulations now exist or may hereafter become effective
so as to apply to the occupancy and use by LESSEE of the leased
premises and the conducting of LESSEE's operations thereon or
therefrom." Accordingly, the following provisions will be deemed
to be incorporated into and made a part of your existing lease.
(1) In no event shall Lessee make any unlawful use of the
premises or any portion thereof, specifically including
but not limited to violation of any federal, state, or
local statute, regulation, or ordinance of or
concerning the use, discharge, storage, application, or
shipping of any hazardous substance, solid, or
hazardous waste, or the like. As to all of the
foregoing, Lessee covenants and agrees to defend,
indemnify, and hold harmless Lessor from all costs,
expenses, judgments, fines, remediation costs,
inspections, spills, cleanup costs, penalties, and
damages which might accrue as a result -of breach of
this section, whether the same might be incurred,
suffered, or revealed during the term hereof or
subsequent hereto. At the completion of the lease
term, whether upon its scheduled termination date or
upon earlier default or earlier expiration for any
reason, Lessee shall remove each and every hazardous
substance, solid, or hazardous waste, or the like,
including storage containers for the same. The
covenants and warranties in this section shall survive
the termination of the lease.
(2) Eo Iil c It is the policy Of the Department of
Transportation that disadvantaged business enterprises
as defined in 49 CFR Part 23* shall have the maximum
opportunity to participate in the performance of leases
as defined in 49 CFR Section 23.5. Consequently, these
leases are subject to 49 CPR Part as applicable.
S_
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IN WIT WHEREOF the parties have hereunto set their hands
this llZZA- day of 1986.
4 04
VERNIFIEM, IMPAU
illiam
airman
Don Heinen, Secretary
State of Washington
County of Yakima
I certify that I know or have satisfactory evidence that William
F. Almon and Don Heinen signed this instrument, on oath stated
that they were were authorized to execute the instrument and
acknowledged it as the Chairman and Secretary of the Yakima Air
Terminal Board to be the free and voluntary act of such party for
the uses and purposes mentioned in the instrument.
Tit
Date
My appointment expires
YAKIMA INDIAN NATION
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wenand""It"
State of Washingtgn
County of
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I certify that I know or have satisfactory evidence that
W-Aef � signed this instrument, on oath stated
tha-F—fi-e--w-as were autboriged to execute the instrument and
acknowledged it as of the Yakima Indian
Nation to be the free and voluntary act of such party for
the uses and purposes mentioned in the instrument.
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EXHIBIT *A-/-
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THIS AMENDMENT, executed this day of 1996, by and between the YAKIMA AIR
TERMINAL BOARD, an agency of the City of Y ma �and Yakima County, Washington, hereinafter called
LESSOR and Jim Richmond and Susan Richmond, Z sband and wife, referred to as LESSEE:
W I T N E S S E T H-
WHEREAS,
the Yakima Air Terminal Board and the Yakima Indian Nation, entered into a rental agreement effective
May 1, 1982, amended June 1, 1986, and, assigned to Jim Richmond and Susan Richmond effective
12131/86, and,
WHEREAS,
LESSOR has determined
it to be in the best interests of the Airport to modify or add the following terms
of the rental Agreement:
1.
Premises
2.
Tenn
3.
Rental
6.
Use - Aviation Manufacturing
to.
Sub-Letting
It.
Indemnity and Wavier
20.
Civil Rights Provision
21.
Department of Transportation Title VI Assurances
and,
WHEREAS,
Jim and Susan Richmond agree to said modifications or additions,
NOW THEREFORE,
in consideration of the mutual promises contained herein and the benefit to be derived by each party, the
parties agree that the following sections of the aforementioned Lease Agreement are hereby amended to read
as follows:
1. PREMISES:
LESSOR does hereby lease and let unto LESSEE, and LESSEE does hereby hire and take from LESSOR,
certain property at the Yakima Air Terminal in the City of Yakima, Yakima County, Washington, as that
property is depicted on the drawing marked Exhibit "A2, " attached hereto and by this reference made a part
hereof, together with the right of ingress to and egress from the leased property over and across common
public access ways.
2. TERM:
The tenancy created by this Amendment shall commence on January 1, 1996, and expire on December 31,
2036. This Agreement may be renewed for one additional ten year period by written notice to LESSOR
by LESSEE and received prior to September 31, 2036.
3. RENTAL- 9.2(.,)o /-/ -0,( :7 / 'h'? 1, �'7 1 -1 - /1 11
A LESSEE promises and agrees to pay rental to LESSOR at the rate of $51 per month for the
leased property, made in advance on or before the loth day of the eachAonth. The monthly rent
is determined by multiplying the number of square feet of the property as depicted by Exhibit
"A2 ", by $0.10; then dividing the resultant by twelve (months). Payments shall be made to the
1
0 0 D 0 2 9
Yakima Air Terminal in care of the Airport Manager's office. Any rental payment past due shall
accrue a delinquency charge of eighteen percent (18 %) per annum.
B, On January 1. 2001, the lease rental rate for five years shall be 15
- P6�
�.53 an increase of fifteen
percent (15
C. The lease rental rate for each subsequent five year period provided for above shall be adjusted to
reflect the fair market value of the leased property as set by the Yakima Air Terminal Board,
subject to the requirements of RCW 14.08.120(5). Fair market value shall take into consideration,
but not exclusively limited to, the following criteria:
a. The general change in the cost of living as measured by the United States Bureau of
Labor Statistics Consumer Price Index for all Urban Consumers (Seattle-Everett Area).
b. General changes in the value of Airport property having comparable use as established and
recorded by the Yakima County Assessors Office.
C The relationship between revenues and expenditures of the Yakima Air Terminal.
d. In the event the parties are unable to agree upon the fair market rental rate for any
succeeding periods, then, upon written notice of either party to the other, the matter of
establishment of fair market rental shall be referred to arbitration.
Each party shall have the right to select one arbitrator, the two of whom shall jointly
select a real estate sales person with at least five (5) years experience in sales of leases
of commercial property as the third arbitrator. The decision of a majority of the
arbitrators as to the fair market rental value of the property shall be binding. The parties
shall each bear the cost of its designated arbitrator, the parties shall equally pay 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.
6, USE: Lessee promises and agrees to use the leased premises for aviation manufacturing.
The use of the premises for any other purpose shall be deemed a material breach of
this agreement constituting grounds for its termination.
1P SUBLETTING /ASSIGNMENT: I S'(
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LESSEE shall not assign the Agreement or sublease any part of the Premises without
the prior written approval of the LESSOR, such approval not to be unreasonably
withheld. All assignments and subleases shall conform with all applicable laws,
ordinances, rules, regulations and policies which now exist or may hereafter
become effective so as to apply. 16 the occupancy and use of the leased premises and
the conduct of business thereon or therefrom. LESSORS consent to particular
assignment or sub-lease,shall not be construed as consent to any subsequent
assignment or sui?7-r6ase. Any income to LESSEE derived from sub-leasing shall
be distributed tp-LESSOR in accordance with its policy on SUB-LEASING INCOME in
effect on Ja
,nida'ry 1, 1996, Should LESSEE exercise any renewal option, income
derived *6ni 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 what policy on sub-leasing income is in effect at that time. All sub-
leases shall comply with all laws, ordinances, rules, regulations and policies applicable to
the use and operation of Yakima Air Terminal Property, facilities and operations
'011
as those laws, ordinances, rules, regulations and policies now exist or may hereafter
become effective so as to apply to the occupancy and use by any SUB-LESSEE of the
leased property and the conduct of SUB-LESSEE's operations thereon or therefrom.
11. INDEMNITY AND WAIVER:
A. At no expense to LESSOR, LESSEE shall defend against and indemnify fully and save harmless
the Yakima Air Terminal Board, the Yakima Air Terminal, 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 Yakima Air Terminal
Board or the Yakima Air Terminal or 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 property by LESSEE or from any act or omission of LESSEE, its employees, agents
or any other person 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. LESSEE shall file with LESSOR a certificate of insurance, or other proof of insurance
acceptable to LESSOR, evidencing an insurance policy with the Yakima Air Terminal Board, City
of Yakima and County of Yakima as additional named insureds providing comprehensive liability
insurance coverage in amounts of not less than $ 1,000,000 Combined Single Limit for personal
injury and property damage covering LESSEE's occupancy of and activities pertaining to the leased
property. Not less than 30 days written notice 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 and acceptable to LESSOR.
B. LESSEE agrees to reimburse LESSOR for any damage to the property caused by the occupancy
of LESSEE or employees of LESSEE.
C. LESSEE shall keep and hold the Yakima Air Terminal Board, the Yakima Air Terminal, 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 actions of 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,&C. 6901 et seq.; the Clean Water Act, 42 U.S.C, 1251 et seq.; the
Washington Environmental Policy Act, RCW Ch. 43.21 C; the Washington Water Pollution Control
Act, RCW Ch. 90.48.010 et seq.; the Washington Hazardous Waste Management Act, RCW Ch.
70.105; the Washington Model Toxic Control Act, RCW Ch. 70.1051), and the regulations
promulgated thereunder, or under any applicable local or state environmental ordinance, statute law,
rule or regulation.
20. CIVIL RIGHTS PROVISION:
LESSEE assures that it will comply with pertinent statutes, Executive Orders and such rules as are
promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age,
or handicap be excluded from participating in any activity conducted with or benefiting from Federal
assistance. This Provision obligates LESSEE or its transferee for the period during which Federal assistance
is extended to the airport program, except where Federal assistance is to provide, or is in the form of
3
. . ... ... ............ ...
personal property or real property or interest therein or structures or improvements thereon. In these cases,
the provision obligates the party or any transferee for the longer of the following periods,
A. the period during which the property is used by the sponsor or any transferee for a purpose for
which Federal assistance is extended, or for another purpose involving the provision of similar
services or benefits; or
B the period during which the airport sponsor or any transferee retains ownership or possession of
the property. In the case of contractors, this Provision binds the contractors from bid solicitation
period through the completion of the contract.
21. DEPARTMENT OF TRANSPORTATION TITLE VI ASSURANCES:
LESSEE for himself, personal representatives, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree as a covenant running with the land, that,
A. no person on the grounds of race, color, or national origin shall be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities,
B. that in the construction of any improvements on, over, or under such land and the furnishing of
services thereon, no person on the grounds of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be subjected to discrimination,
C. that LESSEE shall use the premises in compliance with all other requirements imposed by or
pursuant to 40 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department
of Transportation, and as said Regulation may be amended.
Except as expressly amended by this document, all provisions, terms and conditions of the aforementioned Airport
Lease Agreement effective May 1, 1982, and amended June 1, 1986, between these parties shall remain in full force
and effect.
0
This amendment shall become effective January 1, 1996,
Time is of the essence of this entire Lease Agreement.
Executed as of the day and year first above written.
Yakima Air Terminal Board
2400 West Washington Avenue
Yakima, Washington 98903
5OA575-6149
Braman, Secretary
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Dennis Byarn and Helga Braman signed this instrument, on
oath stated that they were authorized to execute the instrument and acknowledged it as the Chairman and Secretary
respectively of the Yakima Air Terminal Board to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
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Appointment Expires /0 V6
LESSEE:
TELEPHONE
DATE:
1920 South 16t� Ave-nue
Yakima, Washington •8903
P.O. Box 9823
Yakima, Washington 98909
509-248-9491
9
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Jim Richmond dba Cub Crafters, Inc.
1920 South 16th Avenue
CKN
Yakima, Washington 98903
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pr im lately 62,246.5 sql ft,
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5/1/82
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AMENDMENT #3 - LEASE AGREEMENT
JAMES R. & SUSAN Y. RICHMOND
THIS AMENDMENT, executed this f 1997, day of Ql-��
between the YAKIMA INTERNATIONAL AIRPORT - M LISTER FIELD
(formerly known as the Yakima Air Terminal), an agency of the city
of Yakima and County of Yakima, Washington, hereinafter referred to
as "LESSOR," and JAMES R. & SUSAN Y. RICHMOND, hereinafter referred
to as "LESSEE ":
W I T N E S E T H:
WHEREAS, the City of Yakima and the Yakima Indian Nation entered
into a rental agreement effective May 1, 1982, the City's interests
were assigned to the Airport effective July 1, 1982, the Yakima
Indian Nation's interests were assigned to James R. and Susan Y.
Richmond effective January 1, 1987, which agreement includes
Amendment #1 effective June 1, 1986 and Amendment #2 effective
January 1, 1996
WHEREAS, LESSOR owns and operates the Yakima International Airport
- McAllister Field, hereinafter referred to as "Airport," and
WHEREAS, LESSOR has determined it to be in the best interests of
the Airport to modify the following Sections of this Lease:
10. SUBLETTING/ASSIGNMENT
NOW THEREFORE, in consideration of the mutual promises contained
herein and the benefit to be derived by each party, the parties
agree that Section 10 is amended as follows:
10. SUBLETTING/ASSIGNMENT:
A. 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 - .ease by LESSOR shall not be
Rich82#3.lse 1
construed to be a consent to any subsequent sub-lease. The
LESSOR, in determining whether or not to approve a sub-lease,
shall consider the extent of the aeronautical activities
performed on the premises.
Any income to LESSEE derived from sub-leasing shall be
distributed to LESSOR in accordance with its policy on SUB-
LEASING INCOME in effect at the time of the final execution of
thiS Amendment.
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.
B. 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.
Except as expressly amended by this document, all provisions, terms
and conditions of the aforementioned Lease agreement effective May
1, 1982, Amendment #1 effective June 1, 1986 and Amendment #2
effective January 1, 1996 shall remain in full force and effect.
This amendment shall become effective
Time is of the essence of this entire
q Y.
Lease.
Rich82#3.lse 2
YAKIMA INTERNATIONAL AIRPORT McALLISTER FIELD
2400 W. Washington Avenue
Yakima, Washington 98903
5oA-575-6149
-319
STATE OF WASHINGTON
County of Yakima
ry
I certify that I know or have satisfactory evidence that Dennis
Byam and Gregory P. Berndt 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 International Airport - McAllister Field to
be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument. .
Dat
By
Not Public
Appointment Expi('-)S/-�- . l.o
4CILE
\ssion
Cp,�OT Al?
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PUBLIC
10
Rich82#3.lse 3
1920 South 16th Avenue
Yakima, Washington 98903
(509) 248-9491
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that James R.
Richmond and Susan Y. Richmond signed this instrument and
acknowledged it to be their free and voluntary act for the uses and
purposes mentioned in the instrument.
Appointment Expi es
Rich82#3.lse 4