HomeMy WebLinkAboutMcCormick, Robert E. & Joyce L. - Assignment and Assumption of Lease Agreement #2ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT #2 BETWEEN
THE YAKIMA AIR TERMINAL-McALLISTER FIELD AND ROBERT E. &
JOYCE L. McCORMICK
This ASSIGNMENT AND ASSUMPTION OF LEASE ("Assignment") is entered
into this /0 day of , 2017, by and between Robert McCormick and
Joyce McCormick, husband' and wife, (jointly referred to as "Assignor") and
McCormick Aircraft Hangars, LLC, a Washington limited liability company
("Assignee").
RECITALS
A. Assignor is a tenant under a ground lease ("Lease") with the City of
Yakima, fka Yakima Air Terminal — McAllister Field, an agency of
the City of Yakima and County of Yakima, Washington, as landlord.
The Lease is dated August 26, 2004, and the initial term of the
Lease is forty years. The property subject to the Lease is
described in said Lease, a copy of which is attached hereto as
Exhibit 1.
B. The Assignor owns One Hundred Percent (100%) of the Assignee.
The Assignee is a hangar rental business and owns airplane
hangars that are rented to third parties for storage of their airplanes
and other equipment in connection with aeronautical activities.
C. The Assignor desires to assign the Lease to the Assignee in
exchange for the Assignee's promise to assume the Assignor's
obligation under the Lease and indemnify and hold harmless the
Assignor from any and all claims concerning the same.
D. The Lease requires the written approval of the City of Yakima for
any assignment of the Lease.
E. In connection with this Assignment, the Assignor and Assignee
desire to obtain the consent of the City of Yakima to this
Assignment.
AGREEMENT
Accordingly, in consideration of the foregoing recitals which by this reference are
incorporated herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Assignor and Assignee agree and
represent as follows:
1. Upon the parties' execution of this Assignment and the signed
consent from City of Yakima to this Assignment, the Assignor does
ASSIGNMENT AND ASSUMPTION OF LEASE- 1
5371-11\mjf\McCormick Rob\McCormick Aircraft Hangars\Assignment &
Assumption (Airport Prop- FINAL)
Law Offices
LYON WEIGAND & GUSTAFSON PS
Lyon Law Offices - 222 North Third Street
P.O. Box 1689
Yakima, Washington 98907
Telephone (509) 248-7220
Fax (509) 575-1883
hereby assign all of its rights and interests in the Lease to the
Assignee. The Assignee does hereby agree to indemnify, defend
and hold the Assignor harmless from any and all claims and causes
of action pertaining or relating to said Lease.
2. It is understood by Assignor that despite Assignee's assumption of
the Lease, the Assignor is not relieved from its obligations under
the Lease and shall remain liable to the City of Yakima while the
Lease remains in full force and effect.
3. By the City of Yakima's signature hereto, the City of Yakima
authorizes Assignee to rent its hangars situated or to be situated on
the property subject to the Lease to individuals and businesses as
long as the Assignee does not lease the entirety of the property
subject to the Lease to another third party. If the Assignee desires
to lease the entirety of the property subject to the Lease to a third
party, then the Assignee shall submit such lease to the City of
Yakima for approval in accordance with the terms of the Lease.
Further, the City of Yakima's consent to this Assignment shall not
be deemed a consent to any future assignment of the Lease.
4. Each signatory to this Assignment represents that he or she has
the authority to execute and deliver the same on behalf of the party
hereto for which such signatory is acting.
5. This Assignment may be executed in counterparts and shall
constitute an agreement binding on all parties notwithstanding that
all parties are not signatories to the original or the same counterpart
provided that all parties are furnished a copy or copies thereof
reflecting the signature of all parties hereto.
IN WITNESS WHEREOF, the Assignor and Assignee have executed this
Assignment on the day and year first above written.
ASSIGNOR: Robert and Joyce McCormick ASSIGNEE: McCormick Aircraft
Hangars, LLC
ROBERT McCORMICK
-
-alcCORMICK
Obert McCormick, Manager
ASSIGNMENT AND ASSUMPTION OF LEASE- 2
5371-11\mjf\McCormick Rob\McCormick Aircraft Hangars\Assignment &
Assumption (Airport Prop- FINAL)
Law Offices
LYON WEIGAND & GUSTAFSON PS
Lyon Law Offices - 222 North Third Street
P.O. Box 1689
Yakima, Washington 98907
Telephone (509) 248-7220
Fax (509) 575-1883
CONSENT BY CITY OF YAKIMA
The City of Yakima, by and through the undersigned, who is its authorized
representative, does hereby acknowledge that pursuant to the terms of the
Lease, the Assignor and Assignee has requested the City of Yakima, as Landlord
under said Lease to, agree and consent to the terms of this Assignment. By the
undersigned's signature hereto, the City of Yakima does hereby agree and
consent to the terms of this Assignment.
DATED this/41-4 day of vk« 7
STATE OF WASHINGTON )
) ss.
County of Yakima
, 2017.
CLIFF RE, City Manager
0/6
CITY CONTRACT NO: 2 —06
RESOLUTION NO: n ((( G
On- this day personally appeared before me ROBERT McCormick and
Joyce McCormick, to me known to be the individual described in and who
executed the within and foregoing instrument, and acknowledged that they
signed the same as their free and voluntary act and deed, for the uses and
purposes therein mentioned.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this/per day of
avNit47 , 2017.
❑nuunnnunullllununnnulunnno
Notary Public F.
State of Washington
LYNNI M. SERRATA
MY COMMISSION EXPIRES
DECEMBER 01, 2019 F.
Cl t1IIl11tt1I11III111111IIIII11111IIIIIItit1111❑
LyfrIHI rt1 �9 ercc.l
(Print Name)
Notary Public in and for the State .
of Washington, residing in
My Commission Expires: /a. o/•ao/ 9
ASSIGNMENT AND ASSUMPTION OF LEASE- 3
5371-11\mjf\McCormick Rob\McCormick Aircraft Hangars\Assignment &
Assumption (Airport Prop- FINAL)
Law Offices
LYON WEIGAND & GUSTAFSON PS
Lyon Law Offices - 222 North Third Street
P.O. Box 1689
Yakima, Washington 98907
Telephone (509) 248-7220
Fax (509) 575-1883
STATE OF WASHINGTON )
ss.
County of Yakima
On this day personally appeared before me Robert McCormick, to me
known to be the Manager of McCormick Aircraft Hangars, LLC, the limited liability
company that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the
uses and purposes therein mentioned, and on oath stated that he was authorized
to execute the said instrument.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this /0 dday of
acv. ly , 2017.
urirtliilri3liitIIIINHHIHHIHIHIHIuu
Notary Public =
Ei State of Washington
-LYNNI M. SERRATA
MY COMMISSION EXPIRES
E DECEMBER 01, 201$
aHlllt111HHIH1111I11H 111B IHHIIIUIIO
STATE OF WASHINGTON )
ss.
County of Yakima
Lvt144 SPC ct+ci
(Pr(nt Name)
Notary Public in and for the State
of Washington, residing at y; ,,,,, G .
My commission expires /6t•o i•Ao/.
On this day personally appeared before me Cliff Moore to me known to be
the City Manager for the City of Yakima, and that he executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary
act and deed of said City, for the uses and purposes therein mentioned, and on
oath stated that he was authorized to execute the said instrument.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this (V day of
J-1iL , 2017.
C,a(Lvk YI'IC2�
(Print Nan e)
Notary Public in and for the State
of Washington, residing at
My commission expires 03
ASSIGNMENT AND ASSUMPTION OF LEASE- 4
5371-11 \mjf\McCormick Rob\McCormick Aircraft Hangars\Assignment &
Assumption (Airport Prop- FINAL)
Law Offices
LYON WEIGAND & GUSTAFSON PS
Lyon Law Offices - 222 North Third Street
P.O. Box 1689
Yakima, Washington 98907
Telephone (509) 248-7220
Fax (509) 575-1883
M�1�1D L_k. FCL__ WiScg--1 PTS
LEASE AGREEMENT #2
oat7/--(.4
ROBERT E. & JOYCE L. McCORMICK
THIS LEASE, executed this day of � z , 2004, 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 Joint Operations Agreement signed by the City and County of
Yakima, July 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:PEL 1°S t H9 OZ___
LESSOR does hereby lease and let unto LESSEE, and LESSEE does hereby
lease and take from LESSOR, approximately 271,010 sq ft of land and at 3202-
3210 W Washington Ave 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 legal description of the premises and such description shall
become a part of this Lease.
Filename: Lease/McCo04 1
7615239
Pa2 18
06/18/2ge: 888 of 11 448
VALLEY TITLE COMPANY LE $59.08 Yakima Co, WA
2. TERM:
The tenancy created by this Lease shall commence on September 1, 2004 and
terminate on August 31, 2044, unless otherwise terminated as provided for
herein.
The term of this Lease shall extend by one Ten (10) year period (to wit, August
31, 2054); unless either party delivers to the other written notification of the intent
to terminate prior to August 31, 2044.
3. 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 the lease term, or any
renewal thereof. LESSOR shallbe 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 unless30 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 interest, subject to approval by LESSOR
of any such assignment and 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.
4. RENT:
A. LESSEE promises and agrees to pay rent to LESSOR at the rate of"
$ 3,161.78 per month for the leased premises, made in advance on or before the
10th day pf 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.
Filename: Lease/McCo04
100111
111111111111 76152339
Page'
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LE $59.00 Yakima Co, WR
B. 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.
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.
6. 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 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.
Filename: Lease/McCo04 3
IRMO I 1111 1111 VALLEYTITLEC P6154318
OPIPANY LE X59.00
06
/18/2008 101:44A
8. UTILITIES:
LESSEE shall be responsible for all utility services including, but not limited to,
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 -IS" 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, ash removal, painting, snow removal and
pavement maintenance.
11. 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 Airport without the prior written approval of the Airport Manager, which
approval shall not be unreasonably withheld.
12. 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
Filename: Lease/McCo04 4
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$59,98 Yakima Co, WA
and other improvements shallbe 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.
13. REVERSION OF IMPROVEMENTS:
Upon termination of this lease for any reason Lease, LESSOR may, at its option,
either accept ownership of the improvements constructed or installed on the
Premises, except fortrade fixtures, or require LESSEE, to remove such
improvements within sixty (60) days of such termination. Such removal shall
include removing the foundation, utilities and otherland improvements and
restoring the land to grade level. LESSOR shall notify LESSEE of its intent
within sixty (60) days of the cancellation or expiration. LESSOR shall notify
LESSEE of its intent within twenty (20) days of the termination.
Prior to the expiration of this Lease, LESSEE shall remove all such trade fixtures
and repair any damage to thepremises 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, whether now existing or hereafter incurred, levied or
attached.
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LE $59.00 Yakima Co, WA
14. LESSOR'S OPTION TO PURCHASE:
LESSOR shall have the right of first refusal on all improvements or structures on
the demised premises as hereinafter set forth. If at any time during the term,
LESSEE shall receive a bona fide offer from a third person for the purchase of
any or all improvements or structures on the demised premises, which offer
LESSEE shall desire to accept, LESSEE shall promptly deliver to LESSOR a
copy of such offer and LESSOR may, within thirty (30) days thereafter, elect to
purchase the demised premises on the same terms as those set forth in such
offer.
If LESSOR shall not accept such offer with the time herein specified therefor,
said right of refusal shall cease to exist, but this lease shall continue otherwise on
all the other terms, covenants, and conditions in this lease set forth. This right of
refusal shall be inapplicable to a transfer, by way of sale, gift or device, including
a trust, to or for a party related to a LESSEE , or to any transfer, in whole or in
part, from one such related party to another, but shall apply to any subsequent
transfer to a third person. For the purpose of this Article, if the then LESSEE
shall be an individual, a related party shall include a spouse, lineal descendant or
spouse of such descendant, ancestor or sibling (whether by the whole or half
blood), a partnership or limited liability company of which such owner is a
member, a joint ownership or ownership in common, which includes the then
LESSEE, or a corporation, the majority of whose shares is owned by the
LESSEE, or any one or more of the foregoing parties. If the then LESSEE shall
be a corporation, a related party shall include an affiliate, subsidiary or parent
corporation, a successor by merger or consolidation, or the holder or holders of
the majority of the shares of such corporation.
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. LESSEE further agrees to accept
responsibility for not allowing unauthorized persons access to the Airport
Operations Area (AOA).
Filename: Lease/McCo04 6
111111111111111111111111111111111111 7615239
Page. 7 0£ 4A 18
VALLEY TITLE COMPANY LE 3$9`.69 Yakima2Co, WA 448
16. 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.
Any income to LESSEE derived from sub -leasing shall be distributed to LESSOR
in accordance with its policy on SUB -LEASING INCOME in effect at the time of
the final execution of this Lease.
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.
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 may deem necessary to
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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.
Filename: Lease/McCo04 8
111111111111111111111111110
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 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,
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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 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
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
Tess 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:
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A. TENANT IMPROVEMENTS: In the event the construction in accordance
with Section 12 - IMPROVEMENTS herein, or improvements thereto, is 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.
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, 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 and the balance divided between the
LESSOR and LESSEE' as their interest bear in accordance with a straight line
depreciation schedule. The straight line depreciation schedule shall be over the
initial term of the lease and shall begin to run on the lease effective date. The
amount so depreciated shall vest in 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.
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
Filename: Lease/McCo04 11
mom um ma.
7615239
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VALLEY TITLE;COMPANY' LE x.59.. YakimaBCos WR 4 A
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 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.
C. Upon termination of this Lease for any reason, LESSEE shall immediately
surrender the premises to the LESSOR 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 LESSOR from the premises and shall repair any damage to the
premites 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 LESSOR as LESSOR'S property or disposed of by
LESSOR in such manner as LESSOR sees fit without compensation to any
party.
23. 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
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'VALLEY TITLE COMPANY LE 159.06 Yakima Co, 11:44A
o, 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.
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
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111111 1111111111 111 7615214 o39
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VALLEY T TLE COMPANY LE $58.00 Yakima Co, WA
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 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 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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1111111111111111111111111111111111111 7615239
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/11111!
92008 44A
VALLEY TITLE COMPANY LE 459.09YYakiAWA rm. WA
LESSOR:
YAKIMA AIR TERMINAL - McALLISTER FIELD
2400 W. Washington Avenue
Yakima, Washington 98903
(509) 575-6149 - phone
(509) 575-6185 - fax
Dougla
hairman
Fre • J. Iran :,Secretary
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Douglas C. Hahn 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.
Date
By:
Notary Publi
Appointment Expires /1- 1 -0 7
`g,•*piAn'•.p-
- :xpires : _
. My Comm.cmm
7.77.(124'. November 1, 2007 ::Z =
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Filename: Lease/McCo04 15
11 11 111 111 111
1111LEY TITLE COMPAN
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761523
Page 169 of 18
06/18/2688 11:44R
359.88 Yakima Co, WR
LESSEE:
ROBERT E. & JOYCE L. McCORMICK
191 Mapleway Road
Selah, Washington 98942
(509) 6°7-5230 (home)
(501(cellular
cr-.2 -or
Date
nf -oV
McCORMt
Date
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.
Date:
By:
Notary Pub!'
Appointme Expires // '. - %
STATE OF WASHINGTON
County of Yakima
.�`%\'_iJO YolOi'�i
• -.0.
: My comm.
: November 1.2007 '2z
'�'F • AVBL1Ci �t�:
4,i : WAS ‘
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.
Date: ?" s- O y
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By: of ..-e°/2� R%C/j" .\ 30Appointment p
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Filename: Lease/McCo04 16
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$59.88 Yakima Co, WA
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