HomeMy WebLinkAboutWickkiser International Companies Inc - Bellair Airporter ShuttleLICENSE TO OPERATE AT AIRPORT
WICKKISER INTERNATIONAL COMPANIES, /INC.
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THIS LICENSE TO OPERATE AT AIRPORT is by and between YAKIMA AIR
TERMINAL - McALLISTER FIELD, an agency of the City of Yakima and Yakima
County, Washington ( "Airport"), as Licensor, and WICKKISER INTERNATIONAL
COMPANIES, INC., a Washington corporation, d /b /a AIRPORTER SHUTTLE
( "Wickkiser "), and is with respect to the grant of authority by Airport to Wickkiser to
conduct business within Yakima Air Terminal - McAllister Field, in Yakima, Washington.
In consideration of the mutual covenants herein contained, the parties AGREE:
Airport hereby grants unto Wickkiser a non - exclusive license to operate a ground
transportation service at Yakima Air Terminal - McAllister Field.
2. This License shall be deemed to have commenced June 1, 2003, and shall
terminate at midnight, May 31, 2004; provided, however, that the said License
shall automatically extend year -to -year unless either party provides written notice
to the other of intent not to renew, said notice to be provided to the other party
not less than thirty (30) days prior to the expiration of the then current term.
Notwithstanding the foregoing, Airport may propose to Wickkiser, not less than
thirty (30) days prior to expiration of the then current term, increases in license
fees which, if not objected to by Wickkiser prior to expiration of the said term,
shall be deemed accepted and serve to amend this License as of the
commencement of the succeeding term.
3. Wickkiser shall pay to Airport, without demand, on or before the tenth (10th) day
of each calendar month during the term hereof, or any extensions hereof, a
license fee equivalent to $1.50 per passenger transported by Licensee, or on
Licensee's behalf, from or within Yakima Air Terminal - McAllister Field for the
immediately preceding calendar month. The first such payment shall be due not
later than July 10, 2003, for the month of June, 2003.
4. Wickkiser shall, on or before the tenth (10th) day of each calendar month during
the term hereof, and not later than the date upon which payment for the
preceding month is made, submit to Airport a detailed statement showing activity
and accounting of fees due for the preceding month. Such reports shall show
Filename: Lease /2003Airporter License
such reasonable detail and breakdowns as may be required by Airport to the
Airport address shown below, or as the same shall be changed hereafter by
notice to Wickkiser.
5. Wickkiser shall at all times during the term of this License keep complete and
accurate books of accounts and other records pertaining to all of its business
conducted at or from Yakima Air Terminal - McAllister Field.
6. Airport shall have the right, at Airport's initial expense, to audit Wickkiser's books
and records of receipts at any time for the purpose of verifying the fees collected
or due hereunder. If, as a result of such audit, it is established that Wickkiser has
understated the fees paid by three percent (3 %) or more, the entire expense of
said audit shall be borne or reimbursed by Wickkiser. Any additional fee due
shall be paid forthwith by Wickkiser, together with interest from date originally
due at the rate of twelve percent (12 %) per annum.
7. Wickkiser shall be permitted to display a sign announcing its availability at such
place within Airport's terminal as shall be determined by Airport's manager, who
shall also have the authority to approve or disapprove the sign's content and
format.
8. Wickkiser shall file with Airport a certificate of insurance, or other proof of
insurance acceptable to Airport, evidencing an insurance policy with the Yakima
Air Terminal - McAllister Field, the City of Yakima and County of Yakima as
additional insureds providing comprehensive general liability insurance coverage
in amounts of not less than $1,000,000 per occurrence.
Not less than 30 days written notice must be supplied to Airport 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 Airport.
Notwithstanding the availability of said insurance, Wickkiser agrees to defend,
indemnify and save harmless the Airport, City of Yakima, Yakima County and the
Airport Board of Directors from and against all claims, suits, judgements and
costs arising from accident, injuries, intentional act or other occurrences, whether
occasioned by the neglect of Wickkiser or those holding under Wickkiser, its
agents, employees or passengers, regardless of who the injured party or
claimant may be, except those damages arising solely out of Airport's
Filename: Lease /2003Airporter License 2
negligence.
9. Wickkiser understands and agrees that the only type of business or activity to be
conducted on the airport premises is that of operating a ground transportation
service. Failure of Wickkiser to perform this type of business, or cessation of
such business, or carrying on other activities without first obtaining written
approval or modification of License by Airport shall constitute cause for default
under the terms of this License.
Wickkiser further agrees to properly and fairly serve the public, providing
reasonable hours of operation, suitable services, equipment and tariff charges, in
keeping with recognized standards of the trade. Wickkiser shall conduct its
business in accordance with the most current Rules and Regulations of the
Airport, the Federal Aviation Administration, and Transportation Security
Administration and shall utilize the loading and unloading areas and procedures
as specified from time -to -time by Airport Manager. Failure of Wickkiser to so
serve the public shall be considered a breach of this clause and thereby
constitute a default hereunder.
10. Wickkiser is prohibited from either assigning or subletting all or any portion of the
privileges included in this License. Wickkiser shall conform to and abide by all
lawful rules, codes, laws and regulations in connection with the use of Airport
premises and the operation of Wickkiser's business thereon and therefrom, and
not permit said premises to be used in violation of any lawful rule, code, law,
regulation or other authority.
11. In the event of declaration of default hereunder by Airport, which declaration shall
be in writing sent by certified mail, return receipt required and by facsimile
transmission (except in the event of an emergency, in which event it can be
made by personal or telephonic contact with one or more employees or agents of
Wickkiser), Wickkiser shall have ten (10) days (except three days in the event of
default in payment of fees due), to remedy each default set forth in said
declaration; provided, that if the default is one of a safety issue or of violation of
law or duly adopted regulation, it may be enforced immediately, without
opportunity to continue to operate prior to cure.
Filename: Lease /2003Airporter License 3
To the extent required by law, Wickkiser, for itself, its successors in interest and
permitted assigns, as a part of the consideration hereof, does hereby covenant
and agree as follows:
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 Wickkiser's personnel policies and
practices or in the use or operation of Wickkiser's services or
facilities.
13. This License shall be subordinate to the provisions of any existing or future
agreement between Airport 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.
14. Time is of the essence of this agreement.
15. This instrument sets forth the entire agreement of the parties as to the subject
matter hereof. No additions to nor modifications hereof shall be enforceable,
unless in writing, signed by the parties. In the event of litigation to enforce the
rights and obligations hereunder, venue shall lie in Yakima County, Washington,
and the prevailing party shall be entitled to an award of reasonable attorney fees
against the non - prevailing party, in addition to costs of suit.
DATED as of June 1, 2003.
Filename: Lease /2003Airporter License 4
YAKIMA AIR TERMINAL- McALLISTER FIELD
By: n,
Bob Clem, Airport Manager
2400 W. Washington Avenue
Yakima WA 98903
(509) 575 -6185 fax
Ratified by Yakima Air Terminal Board
Chairma _
see�etar
Date o �;
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LICENSEE: WICKKISER INTERNATIONAL COMPANIES,
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President
1416 Whitehorn Street
Ferndale WA 98248
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INC.
Filename: Lease /2003Airporter License 5