HomeMy WebLinkAboutShane Groenig - Groenig Vending - Vending AgreementVENDING AGREEMENT
SHANE GROENIG
DBA: GROENIG VENDING
THIS AGREEMENT, executed this 10 day of Ah�46k , 2013, between the
YAKIMA AIR TERMINAL — McALLISTER FIELD, an agency of the City of Yakima and
County of Yakima, Washington, hereinafter referred to as "BOARD," and SHANE
GROENIG DBA GROENIG VENDING, a (single man) hereinafter referred to as
"COMPANY ":
WIT NESETH:
WHEREAS, BOARD 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, BOARD has approved property available for use as provided by this
Agreement, and COMPANY desires to occupy and use such property in accordance
with this Agreement,
NOW THEREFORE, in consideration of the mutual promises contained herein and the
benefit to be derived by each party, the parties agree as follows:
I . PREMISES:
BOARD grants unto COMPANY the right to operate up to two (2) massage chairs
in the Terminal Building at the Yakima Air Terminal - McAllister Field at a location
to be determined by the Airport Manager.
2. TERM:
The tenancy created by this Lease shall commence on February 1, 2013 and
continue on a month -to -month basis until terminated by either party, unless
otherwise terminated as provided for herein.
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the property for any other purpose shall be deemed a material breach of this
Agreement constituting grounds for its termination. This provision shall apply to
any assignment of this Agreement, whether voluntary or due to mortgage
foreclosure or for any other reason. Failure of the assignee to comply with this
Section shall be reasonable cause for BOARD to withhold approval or consent to
assignment.
8. UTILITY SERVICE:
BOARD shall provide all electrical power without additional cost to the
COMPANY. The COMPANY shall pay any and all costs related to the
installation, repair, operation or removal of machine(s), and the cost of installing
additional electrical outlets and other items necessary for the operation of the
vending machine concession.
9. MACHINES/MAINTENANCE:
A. COMPANY shall provide types of vending machines as determined by
agreement between COMPANY and the Airport Manager.
B. COMPANY agrees to keep vending machines clean and in working condition,
and shall encase machines in a finished presentation area at their expense.
COMPANY further agrees that COMPANY's machines and services shall at all
times be subject to inspection by any person or persons designated by the
BOARD.
C. COMPANY agrees to provide competent service and maintenance personnel
operating from the local office on a 24 -hour, 7 day week basis. COMPANY
agrees to post emergency repair telephone numbers on each piece of equipment
and repairman shall be on the job within 24 hours from receipt of emergency call.
10. SIGNS:
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 Yakima Air Terminal -
McAllister Field without the prior written approval of the Airport Manager.
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facilities of the Airport, together with the right to direct and control all activities of
COMPANY in that regard.
D. BOARD reserves the right to take any action necessary or desirable by
BOARD 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 COMPANY 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.
E. During time of war or national emergency, BOARD 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 Agreement is executed, the provisions of this
Agreement shall be suspended insofar as they are inconsistent with the
provisions of the agreement with the United States of America.
F. This Agreement shall be subordinate to the provisions of any existing or future
agreement between BOARD 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 Agreement shall terminate as to
such portion as may be taken. If the portion taken does not feasibly permit the
continuation of the COMPANY's operations, COMPANY shall have the right to
terminate this Agreement. Such termination shall be effective as of the date
COMPANY`s operations cease. COMPANY shall be entitled to a portion of the
award representing its interest in the premises. BOARD shall be entitled to the
remainder of the award.
INDEMNITYIDUTY TO DEFEND.
A. At no expense to BOARD, COMPANY 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
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17.
INSURANCE:
COMPANY shall file with BOARD a certificate of insurance, or other proof of
insurance acceptable to BOARD, evidencing an insurance policy with 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 COMPANY's occupancy of and activities pertaining to
the leased premises.
Not less than 30 days written notice, or other such time period as may be
acceptable to BOARD, must be supplied to BOARD 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 BOARD.
DEFAULT, TERMINATION & FORFEITURE:
A. The failure by COMPANY to pay rent in the amounts and at the times
specified herein, or the failure by COMPANY to otherwise comply with any term,
provision or condition of this Agreement, shall constitute grounds for termination
of this Agreement and forfeiture of all rent paid by COMPANY to the time of
termination. This Agreement and tenancy shall terminate and rent paid shall be
forfeited for cause as specified above on written notice by BOARD to COMPANY
stating the amount of rent in default or otherwise stating accurately the manner in
which COMPANY fails or has failed to comply with this Agreement. COMPANY
shall make full payment or otherwise comply with this Agreement in the manner
specified in the notice within thirty (30) days (except three (3) days for payment
of rent) from COMPANY's receipt of such notice, otherwise this Agreement and
tenancy shall be terminated and rent forfeited. Such notice shall be given in
writing and served on COMPANY by personal delivery or mailed by certified mail
with return receipt requested addressed to COMPANY at its address stated
below COMPANY's signature to this Agreement or such other address as the
parties may advise each other in writing. It is further agreed that after receipt of
notices and as an additional condition to avoid forfeiture, COMPANY shall pay
BOARD's costs and expenses, including attorney's fees, for the preparation and
service of such notice. Nothing contained herein shall release or diminish
COMPANY's obligation to pay rent for the full term of this Agreement save such
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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.
20. NON - DISCRIMINATION CLAUSE:
To the extent required by law, COMPANY, 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
COMPANY's personnel policies and practices or in the use or operation of
COMPANY'S services or facilities.
B. COMPANY 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. COMPANY shall use the Premises in compliance with all other
requirements imposed by or pursuant to Title 49. Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-
discrimination in Federally Assisted Programs of the Department of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations may 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 Agreement is subject to 49 CFR Part 23 as applicable.
COMPANY 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.
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LESSOR:
YAKIMA AIR TERMINAL - McALLISTER FIELD
2406 W. Washington Avenue, Suite B
Yakima, Washington 98903
(509) 575 -6149 - phone
(509) 575 -'J& - tax
Les Flue, Cha
Don Baumbac refary
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STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Les Flue and Don Baumbach
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:
Notary Pubi
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