HomeMy WebLinkAboutRobert and Joyce McCormick - Building LeaseLEASE AGREEMENT #3
ROBERT E. & JOYCE L. McCORMICK
THIS LEASE, executed this day ofL.,M 6t�— , between
the YAKIMA AIR TERMINAL -- McALLISTER FIELD, an agency of the City of
Yakima and County of Yakima, Washington, hereinafter referred to as
"LESSOR," and ROBERT E. & JOYCE L. McCORMICK a married couple,
hereinafter referred to as "LESSEE."
WITNESETH:
WHEREAS, LESSOR operates the Yakima Air Terminal - McAllister Field, under
the authority granted by the .point Operations Agreement signed by the City and
County of Yakima, .duly 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:
1. PREMISES:
LESSOR does hereby lease and let unto LESSEE, and LESSEE does
hereby lease and take from LESSOR, approximately 60,794.5 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 iegal description of the
premises and such description shall become a part of this Lease.
2. TERM:
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4.
The tenancy created by this Lease shall commence on January 1, 2002
and continue for a period of forty (40) years, and terminate on December
31, 2041, unless otherwise terminated as provided for herein.
LESSEE shall have the option to extend the term by one ten (10) year
period (to wit, January 1, 2042 through December 31, 2051), provided that
LESSEE delivers to LESSOR not less than ninety (90) days before the
expiration of the original term written notification of its intent to extend the
term.
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 term, 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.
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RENT:
A. LESSEE promises and agrees to pay rent to LESSOR at the rate of
$§33-28 per month for the leased premises, made in advance on or before
the 10th day of each month. Payments 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.
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D. 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 arbitrators 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.
5. DEPOSIT:
Upon execution of this lease by both parties, LESSEE shall deposit with
LESSOR the amount of one month's rent plus leasehold tax 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 remedies provided herein. This deposit
shall be adjusted from time to time to reflect adjustments in the rent and /or
leasehold tax.
fin 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
Filename: Lease /MCCormick2001 Lease #3 3
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.
7. 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.
8. UTILITIES:
LESSEE shall be responsible for all utility services including, but not
limited fo, power, natural gas, water, sewer, and garbage.
9. PREMISES CONDITION:
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 -1S" 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.
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W
ER
13.
SIGNS:
LESSEE, at LESSEE'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 leased premises or
upon any portion of the Airport without the prior written approval of the
Airport Manager, which approval shall not be unreasonably withheld.
IMPROVEMENTS;
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
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.
REVERSION OF IMPROVEMENTS:
In the event this Lease is terminated due to default by LESSEE or upon
expiration of this Lease, or any extension of this Lease Agreement as
provided in Section 2 hereof, 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 (1 20) 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
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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.
14. LESSOR'S OPTION TO PURCHASE:
LESSEE shall notify LESSOR in writing in the event that 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 forty -five
(45) 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.
15. SUBLETTING:
LESSEE shall not sublet any part of the premises without the prior written
approval of LESSOR, such approval not to be unreasonably withheld,
provided no such approval shall be required with respect to subleases to
affiliated entities of the LESSEE, provided use does not change.
Subleases shall give preference to aeronautical activities and shall comply
with all laws, ordinances, rules, regulations and policies applicable to the
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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 or not to approve a sub - lease, shall
consider the extent of the aeronautical activities performed on the
premises.
LESSEE agrees that all sublease agreements with non - aviation oriented
tenants will contain a provision that said agreements would be canceled
upon 120 days prior written notice, should an aviation oriented subtenant
be secured.
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
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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
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 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 feasibly
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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.
19. INDEMNITY /DUTY TO DEFEND:
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.
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
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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. 43.21 C;
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 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.
21. DAMAGE OR DESTRUCTION:
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
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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,
LESSEE shall restore the Premises to substantially the same condition as
existed prior to LESSEE constructing its improvements on the property.
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
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23.
subsequent lessee during the term of this Lease. Notices shall be
deemed received three (3) days after mailing to LESSEE at the address
below LESSEES 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.
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,
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.
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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 Transportation - Effectuation of Title VC 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
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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.
26. 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 in writing, signed by the
party to be charged.
Time is of the essence of this entire Lease.
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LESSOR.
YAKIMA AIR TERMINAL s McALLISTER FIELD
2400 W. Washington Avenue
Yakima, Washington 98903
(509) 575 -6149 - phone
(509) 575 -6185 - fax — —
Grego6pWBerndt, 'Chairman
Fred`Iraoia, Secretary
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Gregory P. Berndt and
Fred Iraoia 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.
�dote
' & a ry P u c f s -r. '.✓•
Appointment Expir s_ /a. o2_
o A�
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LESSEE:
ROBERT E. & JOYCE L. McCORMICK
194 Mapleway Road
Selah, Washington 98942
(509) 697-5230 (home)
(509 5- 219 (cellula
BERT E. McCOFWICK
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J C . cCORMICK
STATE OF WASHINGTON
County of Yakima
I certify that I know of have satisfactory evidence that Robert E. McCormick
signed this instrument and acknowledged it to be his free and voluntary act for
the uses and purposes mentioned in the instrument.
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Appointment Expires
STATE OF WASHINGTON
County of Yakima
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I certify that I know of have satisfactory evidence that Joyce L. McCormick signed
this instrument and acknowledged it to be her free and voluntary act for the uses
and purposes mentioned in the instrument.
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Filename: $ease /McCormick2001 Lease #3 16
Building Restriction Line
"A" Taxiway
Exhibit "A" to Lease Agreement lumber 3
between Robert E & Joyce L. McCormick and the
Yakima Air Terminal - McAllister Field
Lease Effective Date: Janurary 1, 2002
Lease Site Area. 60,794.5 sq. f.
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