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HomeMy WebLinkAboutThe Carey Company - Budget Rent-A-Car of Yakima - Lease AgreementLEASE AGREEMENT THE CAREY COMPANY dba BUDGET RENT -A -CAR OF YAKIMA THIS LEASE, executed this day of z2k 1998, between the YAKIMA AIR TERMINAL - McALLISTER FIELD, an ag cy of the City of Yakima and County of Yakima, Washington, hereinafter referred to as "LESSOR," and THE CAREY COMPANY dba BUDGET RENT -A -GAR OF YAKIMA, a Washington corporation, hereinafter referred to as "LESSEE ": W I T N E S E T H: WHEREAS, LESSOR owns and operates the Yakima Air Terminal - McAllister Field, 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 hire and take from LESSOR, approximately 150 sq ft of space in the Airport Terminal Building, 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 over and across common public access ways. 2. TERM: The tenancy created by this Lease shall commence on February Lease \Care98 1, 1998 and continue on a month -to- -month basis until terminated by either party upon thirty (30) days prior written notice, otherwise terminated as provided for herein. 3. RENT: LESSEE promises and agrees to pay rent to LESSOR at the rate of $100.00 per month -'ior the leased premises, made in advance on or before thE�'10th day of each month. Payments shall be made to the:- ,Iakima 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. 4. 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. This deposit shall be adjusted from time to time to reflect adjustments in the rent and /or leasehold tax. 5. TAKES AND LIENS: In addition to the rent reserved above, LESSEE promises and agrees to pay, as the same become due and payable, all licenses, fees and taxes, including but not limited to the leasehold excise, required to be paid by LESSEE by reason of this Lease and by reason of LESSEE's use and occupancy of the leased premises and by reason of LESSEE's construction or ownership of improvements to the leased premises. LESSEE shall neither suffer nor permit the attachment of any lien or other encumbrance on the leased premises by reason of LESSEE EIs �A occupancy thereof. LESSEE agrees to indemnify LESSOR and shall hold LESSOR harmless from any such taxes and liens. 6. 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. Failure of the assignee to comply shall be reasonable cause for LESSOR to withhold approval or consent to assignment. 7. UTILITIES: LESSOR shall supply all power, water, sewer and garbage all without additional cost to the LESSEE. S. JANITORIAL: LESSEE shall furnish all janitorial services at LESSEE's expense. 9. YAKIMA AIR FAIR: LESSEE acknowledges that it may be necessary to curtail some activities during the exercise of the Yakima Air Fair License. LESSEE understands that LESSEE's business may be interrupted during these dates and will not deem this interruption as a breach of contract by LESSOR. 10. PREMISES CONDITION: LESSEE has made a full inspection of the premises, is fully aware of its condition except with respect to environmental 3 conditions and accepts the premises on an "AS -IS" basis. LESSEE agrees to pay for any improvements, repairs and /or modifications necessary to the operation of LESSEE's business. 11. 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, trade fixtures and other improvements, existing and future, in an attractive and usable manner as reasonably determined by the Airport Manager and consistent with other properties at the Airport. 12. 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 Airport without the prior written approval of the Airport Manager, which approval shall not be unreasonably withheld. 13. IMPROVEMENTS: LESSEE agrees to do all redecoration, alterations, upkeep, repair and replacement of the leased premises and facilities therein at LESSEE's expense. All redecoration, alterations, trade fixtures and improvements to the leased premises by LESSEE shall conform to applicable construction codes, and LESSEE shall procure all building and other permits therefor. All redecoration, alterations, trade fixtures and improvements shall be designed with a view toward aesthetic considerations and installation shall not commence until plans and specifications therefor 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. 4 14. REVERSION OF IMPROVEMENTS: Upon expiration or termination of the tenancy for any reason, all improvements on the leased premises shall immediately revert to LESSOR, except for trade fixtures. Prior to the expiration of this Lease, LESSEE shall remove all such trade fixtures and repair any damage to the premises caused by removal of trade fixtures to the reasonable satisfaction of the Airport Manager. Fixtures not removed within thirty (30) days after termination become the property of the LESSOR unless other arrangements have been previously approved in writing by the Airport Manager. LESSEE shall, as additional consideration for grant of this Lease, insure that all liens and 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. 15. REGULATIONS: LESSEE agrees to comply with all laws, ordinances, rules, regulations and policies of all governmental authorities having jurisdiction over the Airport, including 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, including policies adopted by LESSOR. 16. SUBLETTING: 61 There shall be no subletting of this lease. 17. ASSIGNMENT: There shall be no assignment of this lease. 18. MISCELLANEOUS PROVISIONS: A. The parties agree that LESSOR, through its Airport Manager or other person authorized by the Airport Manager, may enter upon the leased premises at any reasonable time to make such inspections as LESSOR may deem necessary to the proper enforcement of any term, provision or condition of this Lease. No such entry or inspection by LESSOR is required by this provision, and the failure of LESSOR to enter and make 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. 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, 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. E. During time of war or national emergency, LESSOR shah. 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 feasiblely permit the continuation of the operation of the facility by LESSEE, 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, 7 employees, agents, invitees, independent contractors 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. B. LESSEE agrees to reimburse LESSOR for any damage to the premises caused by the occupancy of LESSEE, its employees, agents, servants, invitees, independent contractors or any other person acting on behalf of LESSEE or under its direction. C. 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. D. LESSEE shall keep and hold -the Board of the Yakima Air Terminal - McAllister Field, the Yakima Air Terminal - McAllister Field, the City of Yakima and County of Yakima, their elected and appointed officials, agents and employees, free and harmless from any and all claims and actions, loss, damage, expense or cost, including reasonable attorneys fees, incidental to the investigation and defense thereof, resulting from, arising out of, or caused by LESSEE resulting in any liability under the Federal Comprehensive Environmental Response Compensation Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. 1801 et seq.; Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.; the Clean Water Act, 42 U.S.C. 1251 et seq.; the Washington Environmental Policy Act, RCW Ch. 43.21C; the Washington Water Pollution Control Act, RCW Ch. 90.48; the Washington Hazardous Waste Management Act, RCW Ch. 70.105; the Washington Model Toxic Control Act, RCW Ch. 70.105D, and the regulations promulgated thereunder, or under 0 s 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 $1,0 00,000 Combined Single Limit for bodily injury and property damage covering LESSEE's occupancy of and activities pertaining to the leased premises. 2. Tenant legal liability insurance coverage in an amount of not less than $100,000. 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. In the event the construction in accordance with Section 13 - IMPROVEMENTS herein, or improvements thereto, are partially or totally damaged by fire or other casualty, the LESSEE may repair or replace the same at its own expense. The new improvements shall be at least the same size, design and quality as that which existed prior to any damage or destruction. Both parties agree, however, that any insurance proceeds shall be first applied to the cost of repair or Fi replacement of improvements. LESSEE may elect not to repair or replace said construction or improvements. LESSEE shall advise LESSOR of its intent within thirty (30) days of the damage or destruction. If LESSEE elects not to repair or replace the improvements, this Lease shall be terminated. In such event, LESSOR may either accept ownership of the improvements or require LESSEE to remove the improvements and restore the Premises to a condition satisfactory to the LESSOR. The insurance proceeds shall be used for such restoration ar LESSOR and LESSEE as their the depreciation schedule. intent within thirty (30) notification. If LESSOR e improvements, LESSEE shall l B. OTHER AIRPORT PROPERTY d the balance divided between the interest bear in accordance with LESSOR shall notify LESSEE of its days of receipt of LESSEE's Lects to have LESSEE remove the .ave sixty ( 60 ) days to do so. 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: A. It is agreed that the full and prompt performance of the terms and conditions of this Lease is of the essence, and shall LESSEE be in default of any of the same and such default has continued for thirty (30) days (except three (3) days notice for default in payment of rent) after receipt of written notice by LESSOR setting forth the particular default claimed, this Lease shall at the option of LESSOR, be forfeited and in such event it is expressly agreed that LESSOR may enforce such forfeiture pursuant to the unlawful detainer statutes of the State of Washington, and, LESSEE hereby waives all defenses as to the non - applicability of such statutes. It 10 is further agreed that after receipt of notices and as an additional condition to avoid forfeiture, LESSEE shall pay LESSOR's costs and expenses, including attorney's fees, for the preparation and service of such notice. Nothing contained herein shall release or diminish LESSEE's obligation to pay rent for the full term of this Lease save such amount as LESSOR recovers as rent from any subsequent lessee during the term of this Lease. Notices shall be deemed received three (3) days after mailing to LESSEE at the address below LESSEE's signature to this Lease or such other address as the parties may advise each other in writing. B. As additional and not alternative remedy, optional with LESSOR and upon thirty (30) days written notice to LESSEE, should LESSEE be in default hereunder other than default in the payment of rent, LESSOR may cure or correct the same'and the cost of such action by LESSOR shall immediately become due and payable from LESSEE, together with late fees on said sum at a rate of twelve percent (12%) per annum, and the non- payment of said sum by LESSEE shall be adequate grounds for LESSOR to invoke the other remedies as provided in this Lease. 23. TERMINATION AND 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 11 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. 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. B. Upon termination of this Lease, LESSEE shall peaceably and quietly vacate the premises occupied by LESSEE and shall restore the premises to LESSOR in the same condition as when originally occupied, normal wear and tear excepted. If LESSEE fails to remove its personal property and effects upon the termination of this Lease for any cause, LESSOR shall have the right to remove and store all of said property and effects at the expense of LESSEE. 24. 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. 25. 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. 26. NON - DISCRIMINATION CLAUSE: 12 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, Nbn- discrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1954, 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 participation discriminated performance of CFR Part 23 on assures that no person shall be excluded from in, denied the benefits of or otherwise against in connection with the award and any contract, including leases, covered by 49 the grounds of race, color, national origin or 13 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. 27. INTEGRATION: This document embodies the entire Lease between the parties with respect to the subject matter herein. contained. No amendments or modifications hereof shall be enforceable unless in writing, signed by the party to be charged. Time is of the essence of this entire Lease. 14 LESSOR: YAKIMA AIR TERMINAL - MCALLISTER FIELD 2400 W. Washington Avenue Yakima, Washington 98903 509- 575 -5149 Will K. 1i� ns, Chairman Iralla, Secretary STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that William K. Elkins and Fred Iraola signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Chairman and the Secretary respectively of the Board of the Yakima Air Terminal -- McAllister Field to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date- -=' V -- — 1�79 B No ry P lic Appointment Expi D - q 15 LESSEE: THE CAREY COMPANY dba BUDGET RENT -A -CAR OF YAKIMA 2300 W Washington Ave Yakima, Washington 98903 (509) 248 -6767 Counter (509) 248 -0487 Fax (800) 527 --0700 World wide Date Woert A. M;e3Aer, Ge al Manager STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that Robert A. Meyer signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as General Manager of The Carey Company dba Budget Rent -A -Car to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Da- 1 N�V � -tryPblic Appointment Expires W E-dribit "A" Lease Agrecraent Befivpe'n: The Carey Company dba Budget Rent—A—Car of Yakima And: Yakima International Air -port Effective Date: Febmary 1, 1.998 Arew 150 sq,ft. office space. ......... .. AMENDMENT #1 - LEASE AGREEMENT THE CAREY COMPANY dba BUDGET RENT -A-CAR OF YAKIMA THIS AMENDMENT, executed this VY Zk day of_, 19 _4, 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 THE CAREY COMPANY dba BUDGET RENT -A -CAR OF YAKIMA, a Washington corporation, hereinafter referred to as "LESSEE ": WITNESETH: WHEREAS, LESSOR owns and operates the Yakima Air Terminal - McAllister Field, hereinafter referred to as "Airport," and WHEREAS, the Yakima Air Terminal - McAllister Field, as LESSOR and The Carey Company, as LESSEE, entered into a Lease effective February 1, 1998, and WHEREAS, LESSOR has determined it to be in the best interests of the Airport to modify the following Sections of this Lease: 1. PREMISES 2. , RENT NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to be derived by each party, the parties agree that Sections 2 & 3 are amended as follows: 1. PREMISES: LESSOR does hereby lease and let unto LESSEE, and LESSEE does hereby hire and take from LESSOR, approximately 150 sq ft of space dipicted on the drawing marked Exhibit "A" and 214 sq ft (storage space) dipicted on the drawing marked Exhibit "B" in the Airport Terminal Building, City of Yakima, Yakima County, Filename:Lease\Care98 #1 Washington, and attached hereto and by this reference made a part hereof, together with the right of ingress to and egress from the leased premises over and across common public access ways. [!0 3. RENT; �. LES EE promises and agrees o pay rent to LESSOR at the rate of $ 19D- -0Tper month for Exhibit "A" and $99-06 month for Exhibit "B" for the leased premises, made in advance on 6i 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. Except as expressly amended by this document, all provisions, terms and conditions of the aforementioned Lease agreement effective February 1, 1998 between these parties shall remain in full force and effect. This amendment shall become effective October 1, 1999. Time is of the essence of this entire Lease. Filename: Lease\Care98 #1 2 YAKIMA AIR TERMINAL - McALLISTER FIELD 2400 W. Washington Avenue Yakima, Washington 98903 Phone 509 -575 -6149 Fax 509 -575 -6185 STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that Gregory P. Berndt and Fred fraola 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. , N ary lic Appointment Ex 're5 _. Pu nkc, Filename: Lease\Care98 #1 3 LESSEE: THE CAREY COMPANY dba BUDGET Rent -A -Car OF YAKIMA 2300 W Washington Ave Yakima, WA 98903 (509) 248 -6767 Counter (509) 248 -0487 Fax (800) 527 -0700 World Wide STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that Robert A. Meyer signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as General Manager of The Carey Company dba Budget Rent -A -Car to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. 'bate 9 By: otary Public Appointment Expi Filename: Lease\Care98#1 � ®'* . • ��,���.'on � *� . `+gyp,,. Q�. •° AT PUBUG 21 c� Lease Agreement Between: The Carey Company dba Budget Rent —A —Car of Yakima And: Yakima Air Terminal — McAllister Field Effective Date: October t, 1999 Area: 214 sq.ft. office /storage space. U r AMENDMENT #2 -- OFFICE /STORAGE LEASE AGREEMENT CAREY /ARLS, LLC dba BUDGET /AVIS, CAR AND TRUCK RENTAL THIS AMENDMENT, executed this day of G-� , 2011, 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, CAREY /ARLS, LLC dba BUDGET /AVIS, CAR AND TRUCK RENTAL a Washington corporation, hereinafter referred to as "LESSEE ": WITNESSETH: WHEREAS, Yakima Air Terminal 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, car rental services at the Airport are essential for ground transportation of passengers arriving at and departing from the Airport, and, WHEREAS, the Yakima Air Terminal - McAllister Field, as LESSOR and The Carey Company dba Budget Rent -A -Car of Yakima, entered into a entered into a Lease effective May 1, 2003, and WHEREAS, LESSOR has determined it to be in the best interests of the Airport to amend the following Section to this Lease: NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to be derived by each party, the parties agree to: Name Change NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to be derived by each party, the parties agree to Change name From: THE CAREY COMPANY dba BUDGET RENT -A -CAR OF YAKIMA To: CAREY /ARLS, LLC dba BUDGET /AVIS, CAR AND TRUCK RENTAL Except as expressly amended by this document, all provisions, terms and conditions of the aforementioned Lease agreement effective May 1, 2008 between these parties shall remain in full force and effect. This amendment shall become effective October 4, 2011. Time is of the essence of this entire Lease, Filename:LeaselCareyOFC98 #2 LESSOR: YAKIMA AIR TERMINAL - McALLISTER FIELD 2400 W. Washington Avenue Yakima, Washington 98903 Phone 509 -575 -6149 Fax . 509 - 57:.6185 � f Remmel, A.A.E STATE OF WASHINGTON County of Yakima Date 01111tltlll,f�� 30 Y44 '% 4 " "�• o�' C� . -Z 0 h10TAgy p ;-� U). .X. 40 'Z ..c) BE 01 AS1 I certify that I know or have satisfactory evidence that Carl L. Remmel signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Airport Manager 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 Public I/ Appointment Expires_,,,,,,, / LESSEE: 0/4/1 Robert A. -ye-'r, Gen-461 Manager Datd I CAREY /ARLS, LLC dba BUDGET /AVIS, CAR AND TRUCK RENTAL 2300 W Washington Ave Yakima, WA 98903 (509) 248 -6767 Counter (509) 248 -0487 Fax (800) 527 -0700 World Wide STATE OF WASHINGTON County of Yakima xssto;v� C) PAU N O �ASN1N`��l I certify that I know or have satisfactory evidence that Robert A. Meyer signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as General Manager of CAREY /ARLS, LLC dba BUDGET /AVIS, CAR AND TRUCK RENTAL to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date By: k' �. ✓�� Nota ry Public Appointment Expires. Filenamelease\CareyOFC98 #2 2