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HomeMy WebLinkAboutWashington State Military Department - ArmoryWASHINGTON MILITARY DEPARTMENT LEASE AGREEMENT THIS LEASE, executed this day of �� , 20 D, 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 WASHINGTON STATE MILITARY DEPARTMENT, an agency of the State of Washington, hereinafter referred to as "LESSEE ": WITNESSETH: WHEREAS, LESSOR, as authorized in the July 1, 1982 Joint Agreement of the City and County of Yakima, 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: i_ ll LESSOR does hereby lease and let unto LESSEE, and LESSEE does hereby lease and take from LESSOR, approximately 435,600 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, and further described as: That portion of northwest quarter of Section 2, Township 12 North, Range 18 East, W.M., in the City of Yakima, Yakima County, Washington, described as follows: Commencing at the west quarter corner of Section 2, Township 12 North, Range 18 East, W.M,; thence N 00 37'25" E, 1552.92 feet; thence N 89 22'35" E, 30 feet to the northwest corner of the property; said point being the true point of beginning, thence N 89 22'35" E, 1014.84 feet; thence Lease\Armory(WaStDeptMilitary) S 00 3725" W 513.47 feet; thence N 79 57'28" W, 1028.71 feet; thence N 00 37'25" E, 345.13 feet to the point of beginning. Containing 10 acres more or less. (Premises is included in Yakima County Tax Parcel # 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. 2. TERM: The tenancy created by this Lease shall commence on the first day of actual construction and continue for a period of seventy -five (75) years from that date. If construction has not commenced before April 30, 2003, this lease shall be considered null and void. 3. RENT: LESSEE agrees to fund the entire cost, including pre - design, design, construction, inspection and all related administration, of bringing water and sewer to the premises as full payment of rent for the entire term. 4. 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, 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's occupancy thereof. It is understood and agreed that according to RCW 82.29A, LESSEE is not subject to leasehold tax at the inception of this lease. LeasetArmory(WaStDeptMilitary) 2 5. USE: LESSEE agrees to use the leased premises in accordance with RCW 38.20.010 for purposes not inconsistent with the Master Plan and the zoning of the property by the appropriate jurisdiction. 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 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. 6. UTILITIES: LESSEE shall be responsible for all utility services including, but not limited to, power, natural gas, water, sewer, and garbage. 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 -IS" basis. LESSEE agrees to pay for any improvements, repairs and/or modifications necessary to the operation of LESSEE's business. 8. 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, snow removal and pavement maintenance. 9. SIGNS: LESSEE, at LESSEE's own expense, may erect a 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 Lease\Armory (WaStDeptMilitary) 3 Airport without the prior written approval of the Airport Manager, which approval shall not be unreasonably withheld. ftCJ�1►�iI2C 60-4Nf #►�i 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 L.ESSEE'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. 11. REVERSION OF IMPROVEMENTS: Upon termination of this lease for any reason, LESSOR shall accept ownership of the improvements constructed or installed on the Premises, 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 sixty (60) 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, 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, In no event will LESSEE impose, or cause to be imposed, any security interests in the Premises or improvements built or installed thereon Lea se\Armory(WaStDeptMllitary) 4 12. 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, unless preempted by superior authority, 13. 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 -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. 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, For purposes of this Lease, Subletting shall mean any agreement whereby the LESSEE surrenders care, custody and control of any part of the premises or improvements for a period of at least thirty (30) calendar days. 14. 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, unless preempted by a Lease\Armory(WaStDeptMilitary) 5 superior authority. A consent to assignment by LESSOR shall not be construed to be a consent to any subsequent assignment. 15. 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. For purposes of this section, reasonable time shall mean when the property is generally open to the public. 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. WASHINGTON STATE MILITARY DEPARTMENT 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 WASHINGTON STATE MILITARY DEPARTMENT regarding any such development or improvement, and without interference or hindrance on the part of WASHINGTON STATE MILITARY DEPARTMENT and without liability to WASHINGTON STATE MILITARY DEPARTMENT, provided the operations of the WASHINGTON STATE MILITARY DEPARTMENT are not unreasonably interrupted. C. LESSOR reserves the right, but shall not be obligated to WASHINGTON STATE MILITARY DEPARTMENT, 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 WASHINGTON STATE MILITARY DEPARTMENT 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 WASHINGTON STATE MILITARY DEPARTMENT 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. WASHINGTON STATE MILITARY DEPARTMENT shall construct all buildings and improvements in accordance with the Airport Layout Plan. E. WASHINGTON STATE MILITARY DEPARTMENT, during time of war or national emergency, LESSOR shall have the right to lease the landing area or any Lease\Armory(WaStDeptMilitary) 6 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 permit the continuation of the WASHINGTON STATE MILITARY DEPARTMENT's operations, WASHINGTON STATE MILITARY DEPARTMENT shall have the right to terminate this Lease. Such termination shall be effective as of the date WASHINGTON STATE MILITARY DEPARTMENT's operations cease. WASHINGTON STATE MILITARY DEPARTMENT 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. 16. HOLD HARMLESS: LESSEE and its successors or assigns will protect, save and hold harmless the LESSOR, its authorized agents and employees, from all claims, action, costs, damages or expenses of any nature whatsoever arising out of or in connection with any acts or activities authorized by this Lease. The LESSEE further agrees to defend the LESSOR, its agent or employees, in any litigation, including payment of any costs or attorney's fees for any claims or actions commenced thereon, arising out of or in connection with acts or activities authorized by this Lease. These obligations shall not include such claims, costs, damages or expenses which may be caused by the sole neglect of the LESSOR or its authorized agents or employees. Provided that if the claims or damages are caused by or result from the concurrent neglect of (a) the LESSOR, its agents or employees and (b) the LESSEE, its agents or employees and involves these actions covered by RCW 4.24.115. This indemnity provision shall be void and enforceable only to the extent of the neglect of the LESSEE or LESSEE's agents or employees. 17. INSURANCE; Lease\Armory(WaStDeptMilitary) 7 LESSEE agrees to provide certificate of liability insurance showing Yakima Air Terminal — McAllister Field, City of Yakima and Yakima County as additional insureds as respects the leased premises. 18. DAMAGE OR DESTRUCTION: A. TENANT IMPROVEMENTS: In the event the construction in accordance with Section 10 - 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 which existed prior to any damage or destruction. 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. LESSOR shall notify LESSEE of its intent within thirty (30) days of receipt of LESSEE's notification. If LESSOR elects to have LESSEE remove the improvements, LESSEE shall have sixty (60) days to do so. 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. 19. DEFAULT, TERMINATION & FORFEITURE: A. The failure by LESSEE to comply with any material term, provision or condition of this Lease shall constitute grounds for termination of this Lease. This Lease and tenancy shall terminate for cause as specified above on written notice by LESSOR to LESSEE stating accurately the manner in which LESSEE fails or has failed to comply with this Lease. LESSEE shall comply with this Lease in the manner specified in the notice within sixty (60) days from LESSEE's receipt of such notice, or other time period as is reasonable under the circumstances, provided, however, that if the nature of LESSEE's default is such that more than sixty (60) days are reasonably required for its cure, then LESSEE LeaseiArmory(WaStDeptMilitary) 8 shall not be deemed to be in default if LESSEE commences such cure within said sixty (60) day period and thereafter diligently prosecutes such cure to completion, otherwise this Lease and tenancy shall be terminated. 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. 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. In addition to the provisions hereinabove, and/or as an alternative or cumulative remedy, LESSOR may, at its sole election, pursue any other action, redress, or remedy now or hereafter available to LESSOR under the laws of the State of Washington, including its Landlord - Tenant laws. B. As respects land and land improvements only, and not the building, as additional and not alternative remedy, optional with LESSOR and upon thirty (30) days written notice to LESSEE, should LESSEE be in default hereunder, 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. 20. VENUE, ATTORNEY FEES: In the event of litigation to enforce the rights and obligations hereunder, venue shall be in accordance with appropriate provision of Washington State law. and the prevailing party shall be entitled to its reasonable attorney fees in addition to court costs. 21. 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. Lease\Armory(WaStDeptMilitary) 9 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 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 26, 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 26.5. Consequently, this Lease is subject to 49 CFR Part 26 as applicable. Lessee 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 26 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. 22. NOTICES: All notices to be given by the parties are to be in writing and may be either served personally or may be deposited in the United States mail, postage prepaid, either registered or certified mail, with certificate of mailing obtained, and shall be addressed to the party of receive at the following address or at such other address as the party may from time to time direct in writing. LESSOR; Yakima Air Terminal - McAllister Field Attention: Airport Manager 2400 West Washington Avenue Yakima, Washington 98903 LESSEE: Washington State Military Department Lease\Armory(WaStDeptMilitary) 10 Camp Murray, Building #3 Tacoma, Washington 98430 -5000 23. 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. Lease\Armory(WaStDeptMilitary) 11 LESSOR. YAKIMA AIR TERMINAL - McALL1STER FIELD 2400 W. Washington Avenue Yakima, Washington 98903 (509) 575 -6149 - phone (509) 575 -6185 - fax STATE OF WASHINGTON County of Yakima r) a I certify that I know or have satisfactory evidence that Gregory P. Berndt and Fred J. 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. t!:� x tary Pu lic Appointment 'zl �'. PUBLIC o.. 1w,,WA \A Lea se\Armory(WaStDeptM il itary) 12 LESSEE: WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Building #1 Tacoma, Washington 98430 -5000 Phone: (253) 512 -8201 Fax: (253) 512 -8497 Timothy J. LoNkenUerg, The Adj ant General APPROVED AS TO LEGAL FORM: Attorney General STATE OF WASHINGTON County of �� " Date: /1'Q Date: t This is to certify that on this day personally appeared before me Timothy J. Lowenberg to me known to be THE ADJUTANT GENERAL of the WASHINGTON STATE MILITARY DEPARTMENT, and who executed the within and foregoing document, and stated on oath that he was authorized to execute the instrument and signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. Date 1 I By, Notary Public Appoiniment Expires LeaseiArmory(WaStDeptMilitary) 13 5 -/ Wa. St. Military Department Armory Site Wa. St. Military Dept. Lease Option Approx- 265,564 sq.ft. (6.09 Ac.) Exhibit "A" to Option for Land Lease between the Yakima Air Terminal and the WASMNG ®N STATE MILITARY DEPARTMENT Lease Option ]Effective Date: , 2000 Lease Option Area approx. 265,564 sq.ft. (6.09 Ac.) ,r 3j C •..•,.• I! Wa. St. Military Department Armory Site Wa. St. Military Dept. Lease Option Approx- 265,564 sq.ft. (6.09 Ac.) Exhibit "A" to Option for Land Lease between the Yakima Air Terminal and the WASMNG ®N STATE MILITARY DEPARTMENT Lease Option ]Effective Date: , 2000 Lease Option Area approx. 265,564 sq.ft. (6.09 Ac.) ,r 0 Mq X 3j C 0 Mq X j Exhibit "A" to Lease Agreement between the Yakima Air Terminal - McAllister Field and the WASHINGTON STATE MILITARY DEPARTMENT Lease Effective Date: 2000 Lease Site Area: Approximately 10.0 Acres (Refer to legal description of property in Agreement) \'X 11 sl rr" "Al T Leased Area Approx 10.0 AMENDMENT #1 -LEASE AGREEMENT WASHINGTON STATE MILITARY DEPARTMENT THIS AMENDMENT, executed this /,�6�_ day of i— 2001, between the YAKIMA AIR TERMINAL - McALLISTER FIELD, an agency of fhe City of Yakima and County of Yakima, Washington, hereinafter referred to as "LESSOR," and the WASHINGTON STATE MILITARY DEPARTMENT, an agency of the State of Washington, hereinafter referred to as "LESSEE ": WITNESSETH: WHEREAS, LESSOR 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, the Yakima Air Terminal - McAllister Field, as LESSOR and the Washington State Military Department, as LESSEE, entered into a Lease effective upon the first day of actual construction and WHEREAS, LESSOR has determined it to be in the best interests of the Airport to amend the following Sections of this Lease: 16. HOLD HARMLESS 19. DEFAULT, TERMINATION & FORFEITURE NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to be derived by each party, the parties agree that the Lease is amended as follows: 16, HOLD HARMLESS: LESSEE and its successors or assigns will protect, save and hold harmless the LESSOR, its authorized agents and employees, from all claims, action, costs, damages or expenses of any nature whatsoever arising out of or in connection with Filename: Lease /Armory /ArmoryAmend #1 1 any acts or activities authorized by this Lease. The LESSEE further agrees to defend the LESSOR, its agent or employees, in any litigation, including payment of any costs or attorney's fees for any claims or actions commenced thereon, arising out of or in connection with acts or activities authorized by this Lease. These obligations shall not include such claims, costs, damages or expenses which may be caused by the sole neglect of the LESSOR or its authorized agents or employees. Provided that if the claims or damages are caused by or result from the concurrent neglect of (a) the LESSOR, its agents or employees and (b) the LESSEE, its agents or employees and involves these actions covered by RCW 4.24.115, this indemnity provision shall be void and enforceable only to the extent of the neglect of the LESSEE or LESSEE's agents or employees. 19. DEFAULT, TERMINATION & FORFEITURE: A. LESSOR acknowledges full payment of the base rent for the term of this lease. The failure by LESSEE to comply with any other material term, provision or condition of this Lease shall constitute grounds for termination of this Lease. This Lease and tenancy shall terminate for cause as specified above on written notice by LESSOR to LESSEE stating accurately the manner in which LESSEE fails or has failed to comply with this Lease. LESSEE shall comply with this Lease in the manner specified in the notice within sixty (60) days from LESSEE's receipt of such notice, or other time period as is reasonable under the circumstances, provided, however, that if the nature of LESSEE's default is such that more than sixty (60) days are reasonably required for its cure, then LESSEE shall not be deemed to be in default if LESSEE commences such cure within said sixty (60) day period and thereafter diligently prosecutes such cure to completion, otherwise this Lease and tenancy shall be terminated. 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. 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. In addition to the provisions hereinabove, and/or as an alternative or cumulative remedy, LESSOR may, at its sole election, pursue any other action, redress, or remedy now or hereafter available to LESSOR under the laws of the State of Washington, including its Landlord - Tenant laws. B. As respects land and land improvements only, and not the building, as additional and not alternative remedy, optional with LESSOR and upon thirty (30) days written notice to LESSEE, should LESSEE be in default hereunder, LESSOR may cure or correct the same and the cost of such action by LESSOR shall immediately become Filename: Lease /Armory/ArmoryAmend #1 2 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. Except as expressly amended by this document, all provisions, terms and conditions of the aforementioned Lease agreement between these parties shall remain in full force and effect. This amendment shall become effective on the first day of actual construction. Time is of the essence of this entire Lease. Filename: Lease /Armory /ArmoryAmend #1 3 LESSOR: 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 Macile Zais, Finance Officer signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Finance Officer 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 Sy: } Notary Public Appointment Expires 8L311!) ()4 Filename: Lease /Armory /ArmoryAmend #1 P� J. P 0 bN w� ©° 'ao 0350C 0 o � OFW� 0 LESSEE: WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Building #1 Tacoma, Washington 98430 -5000 Phone: (253) 512 -8201 Fax: (253) 512 -8497 Timothy J. Lo en erg, The A "utan General APPROVED AS,, D. EGAL FORM: Attorney General STATE OF WASHINGTON County of'"� Date: A, IX4 ,9 Date: 3 o This is to certify that on this day personally appeared before me Timothy J. Lowenberg to me known to be THE ADJUTANT GENERAL of the WASHINGTON STATE MILITARY DEPARTMENT, and who executed the within and foregoing document, and stated on oath that he was authorized to execute the instrument and signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. Date 4 /'7P, 2 �� By: Notary Public Appointment Expires lO 6X 7" � Filename: Lease /Armory/ArmoryAmend #1 5 AMENDMENT #2 - LEASE AGREEMENT WASHINGTON STATE MILITARY DEPARTMENT r� THIS AMENDMENT, executed this 69 day of , 2001, between the YAKIMA AIR TERMINAL - McALLISTER FIELD, an agency of to City of Yakima and County of Yakima, Washington, hereinafter referred to as "LESSOR," and the WASHINGTON STATE MILITARY DEPARTMENT, an agency of the State of Washington, hereinafter referred to as "LESSEE ": WITNESSETH: WHEREAS, LESSOR 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, the Yakima Air Terminal - McAllister Field, as LESSOR and the Washington State Military Department, as LESSEE, entered into a Lease effective upon the first day of actual construction, which Lease was amended effective upon the first day of actual construction, and WHEREAS, LESSOR has determined it to be in the best interests of the Airport to amend the following Section of this Lease: 19. DEFAULT, TERMINATION & FORFEITURE NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to be derived by each party, the parties agree that Section 19 is replaced in its entirety and the Lease is amended as follows: 19. DEFAULT: LESSOR acknowledges full payment of the base rent for the term of this lease. If the LESSEE fails to comply with any other material term, provision or condition of this Lease, the LESSOR shall provide written notice to LESSEE stating Filename: Lease /Armory/ArmoryAmend #2 YAKIMA AIR TERMINAL - McALLISTER FIELD 2400 W. Washington Avenue Yakima, Washington 98903 Phone 509 - 575 -6149 Fax 509- 575 -6185 Date: 6 acile ais, Finr cer STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that Macile Zais, Finance Officer signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Finance Officer 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 At Appointment Expires (�- '-O�. PUSLIC y ASH a7l-A 7c�� OVI- �C- Filename: Lease /Armory/ArmoryAmend #2 3 STATE OF "WASHINGTON, MILITARY DEPARTMENT Date: .257 State of 1 o ) ss. County of On this A ,�- -- - -— day of 2001 before me person l[y appeared (n o h F J-'01'0'e ;'yL)bjWC1 to me known to be the ` ,ti i l of t9e agency that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said agency, for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the S of Washington, .. � Residing at ��R�H•A• �s��R� My commission expires 14-23,C i�gSiO/y'•• �l ©� 140TA U -- �r e % APPROVED AS TO FORM PUBUC i eat N g-29 -D5 By _ pfi Assistant Attorney General Date: p% __ -_ LESSEE: WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Building #1 Tacoma, Washington 98430 -5000 Phone: (253) 512 -8201 Fax: (253) 512-8,&67 Timothy J. Lowers erg, 01 _0 WIN Attorney STATE OF WASHINGTON County ofp.t'G General This is to certify that on this day personal( appe re me known to be THE ADJUTAythwithin RAL of DEPARTMENT, and who execu and fc that he was authorized to execstrument voluntary act and deed, for the purposes Date By: By: � Notary Public Appointment gyp« BUNG 4''r �, ♦�eN !ltttlt t �� !/i ►• Date: Date: before me Timothy J. Lowenberg to WASHINGTON STATE MILITARY going document, and stated on oath signed the same as his free and er 'n mentioned. Filename: LeaseiArmory/ArmoryAmend #2 4