HomeMy WebLinkAbout07/18/2017 06C Airport Use Agreement with the US Air ForceBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
1
Item No. 6.C.
For Meeting of: July 18, 2017
ITEM TITLE: Resolution authorizing an airport use agreement with the United
States Air Force to lease property located at 2300 W. Washington
Avenue and 2012 S. 16th Avenue to support the 2017 Mobility
Guardian military exercise July 31, 2017 -August 12, 2017
SUBMITTED BY: Robert K. Peterson, Airport Director, 509-575-6149
SUMMARY EXPLANATION:
Original Use Agreement was introduced to City Council on June 20th, 2017, of which was
adopted under Resolution #2017-073. Since the approval, the United States Air Force
requested a few alterations to the agreement to further align their mission needs as well as
federal language. Alterations from original agreement include the following sections:
• Term, Use, Utilities, Maintenance, Reversion of Improvements, Indemnity, Damage or
Destruction, Default, Termination & Forfeit, Non -Discrimination Clause, Jurisdiction and
Venue, and Dispute Resolution.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
Adopt Resolution
BOARD/COMMITTEE RECOMMENDATION:
N/A
City Manager
NA
NA
ATTACHMENTS:
Description Upload Date Type
2
O Resolution 7!5/2017 Resolution
O Use Agreement 7/72017 Contract
O June 20th Council Meeting Summary 7/5/2017 Backup Material
A RESOLUTION
3
RESOLUTION NO. R -2017 -
authorizing the City Manager to execute an airport use agreement with the
United States Air Force, to lease property located at 2300 W. Washington
Avenue and 2012 S. 16th Avenue to support the 2017 Mobility Guardian military
exercise.
WHEREAS, The City owns and operates Yakima Air Terminal -McAllister Field in accordance
with applicable Federal, State and Local regulations; and
WHEREAS, the Yakima Air Terminal -McAllister Field has land available for lease within parcel
number 181335-31001, located at 2300 W. Washington Avenue and 2012 S. 16th Avenue; and
WHEREAS, the City of Yakima and United States Air Force have negotiated terms to lease a
portion of said parcel to the United States Air Force, which lease includes a license to occupy both
properties to participate in the 2017 Mobility Guardian military exercise, all terms and conditions of
which are set forth in the "Airport Use Agreement" attached hereto and incorporated herein by this
reference; and
WHEREAS, the City Council has determined that approval of such lease agreement will
promote the purposes of the Yakima Air Terminal -McAllister Field, will promote increased aviation
safety as well as the general health, safety and welfare of the citizens, and is in the best interests of
residents of the City of Yakima; Now, Therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute and administer the attached and
incorporated Airport Use Agreement with the United States Air Force, for a land lease of Yakima Air
Terminal -McAllister Field property to be used in support of the 2017 Mobility Guardian military exercise,
which lease agreement is attached hereto and incorporated herein by this reference.
ADOPTED BY THE CITY COUNCIL this 18th day of July, 2017.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
4
AIRPORT USE AGREEMENT
BETWEEN
THE YAKIMA AIR TERMINAL-McALLISTER FIELD AND
THE UNITED STATES AIR FORCE
THIS AGREEMENT, executed this day of , 2017, between the
YAKIMA AIR TERMINAL — McALLISTER FIELD, a department of the City of Yakima,
Washington, hereinafter referred to as "YAT", and the United States Air Force, an agency
of the United States federal government, hereinafter referred to as "USER".
WITNESSETH:
WHEREAS, YAT operates the Yakima Air Terminal - McAllister Field, hereinafter referred
to as "YAT"; and
WHEREAS, YAT has approved facilities available for use as provided by this Agreement
and USER desires to use such facilities in accordance with this Agreement,
NOW THEREFORE, in consideration of the mutual promises contained herein and the
benefit to be derived by each party, the parties agree as follows:
1. PREMISES:
YAT does hereby agree to allow USER, and USER does hereby agree to use on an
"as needed basis" as defined herein:
A. approximately 9,805 square feet of land at 2012 S. 16th Ave in the City of
Yakima, Yakima County, Washington, (Exhibit "A") together with the right
of ingress to and egress from these premises and the public use
areas/facilities used in connection therewith, over the roadways and
designated Airport property outlined in Exhibit "B", subject to rules and
regulations governing the use of the Airport as said rules and regulations
now exist and as the same may be promulgated by YAT from time to time.
The YAT may, at any time hereafter, provide a specific legal description
of the premises and such description shall become a part of this
Agreement, and;
B. approximately 7,300 square feet of property on the second floor, main
terminal building located at 2300 West Washington Ave in the City of
Yakima, Yakima County, Washington, (Exhibit "C") together with the right
of ingress to and egress from these premises and the public use
areas/facilities. The YAT may, at any time hereafter, provide a specific
legal description of the premises and such description shall become a part
of this Agreement.
YAT Use Agreement 6/6/2017 page 1 of 13
5
1. TERM:
The term of this Agreement shall commence on July 31, 2017, and terminate on
August 12, 2017 unless otherwise terminated or extended in writing as provided
for herein. This Agreement will only be activated if the USER needs the facility
to provide access to a suitable storage hangar in support of a brief U.S. military
exercise. USER will receive a key to the building on or after July 30, 2017 at
such time as the Agreement is activated, and USER shall return the key to the
Administration Office during normal business hours upon completion of the
exercise. If the key is not returned within 2 days of the expiration of this
Agreement USER shall be charged a twenty five dollar ($25.00) key
replacement fee. The key shall not be duplicated.
USER shall have the right to request to extend the original term or any future term
extension by one or more days, provided that USER delivers to YAT, not less than
twenty four (24) hours before the expiration of the current term, written notification
of its intent to extend the term and the specific length of the extension requested.
Each request shall be subject to explicit approval by YAT; if approval is not
received, the original term or latest agreed-upon term shall apply.
2. FEES:
USER promises and agrees to pay $220.00 per day for each day or portion thereof
that they use the premises. Fee payment shall be due within 30 days of use. This
daily rate shall apply whether actual usage is for a complete 24 hour period or any
fraction thereof. All payments shall be made to the City of Yakima, Accounts
Receivable, 129 N. 2nd St, Yakima, WA 98901, and shall identify this Agreement as
the basis for the payment remitted.
3. DEPOSIT:
No deposit is required for this Agreement.
4. TAXES AND LIENS:
YAT is responsible for all taxes and liens associated with premises involved in this
Agreement.
7. USE:
USER agrees to use the premises only for an aeronautical oriented activity or for
any other use that is specifically approved by YAT and is allowed by the Master
Plan and the applicable zoning. The use of the property for any other purpose shall
be deemed a material breach of this Agreement constituting grounds for its
termination. USER further agrees at all times during use of the premises identified
YAT Use Agreement 6/6/2017 page 2 of 13
6
in this Agreement to be courteous and respectful of members of the public when
entering, exiting and using the lease space in the Yakima Air Terminal.
8. UTILITIES:
YAT shall be responsible for all utility services including, but not limited to, power,
natural gas, water, and sewer. Restrooms in the building identified as Premises A
are connected to a septic system and use should be limited. USER is responsible
for proper disposal of trash or garbage, and for providing adequate porta potties,
showers, and hand wash stations during the conduct of the exercise.
9. PREMISES CONDITION:
USER 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. USER agrees to pay for any improvements, repairs and/or
modifications necessary for USER's use of the premises. USER agrees that no
improvements, repairs and/or modifications to the existing premises shall be
undertaken without prior written approval by YAT.
10. MAINTENANCE:
USER agrees to keep, maintain and return the premises to YAT upon conclusion of
the Use in a condition at least as good as the condition of the premises at the
beginning of USER's occupancy, normal wear and tear excluded. USER further
agrees that USER shall be responsible to maintain all areas, buildings, trade fixtures
and other improvements included in this Agreement, 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, painting, snow removal and pavement
maintenance. USER agrees to leave the premises in a clean and neat condition
upon vacation thereof.
11. SIGNS:
No signs or other advertising matter or devices shall be used or displayed in or
about the premises or upon any portion of the Airport without the prior written
approval of the Airport Manager.
12. IMPROVEMENTS:
All buildings, construction, trade fixtures and other improvements made to the
premises by USER shall conform to applicable rules, regulations and codes, and
USER shall procure all necessary building and other applicable 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
YAT Use Agreement 6/6/2017 page 3 of 13
7
Airport Manager, which approval shall not be unreasonably withheld. YAT makes
no representation or guarantee as to the suitability of the premises 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:
In the event this Agreement is terminated due to default by USER or upon
expiration, or any extension of this Agreement as provided in Section 2 hereof, YAT
may, at its option, either accept ownership of the improvements constructed or
installed on the Premises, except for trade fixtures, or require USER to remove such
improvements within ten (10) days of such termination or expiration. Such removal
shall include removing the foundation, utilities, and other land improvements and
restoring the land to grade level, unless otherwise directed by YAT.
Prior to the termination or expiration of this Agreement, USER 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 ten (10) days after termination or expiration shall become the property of the
YAT unless other arrangements have been previously approved in writing by the
Airport Manager.
15. REGULATIONS:
USER 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 YAT, 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.
16. SUBLETTING:
USER shall not sublet any part of the premises.
17. ASSIGNMENT:
USER shall not assign this Agreement.
18. MISCELLANEOUS PROVISIONS:
A. The parties agree that YAT, through its Airport Manager or other person
authorized by the Airport Manager, may enter upon the premises at any reasonable
time to make such inspections as YAT may deem necessary to the proper
enforcement of any term, provision or condition of this Agreement. No such entry or
inspection by YAT is required by this provision, and the failure of YAT to enter and
make inspection shall not alter the relationship of the parties and their respective
rights and duties provided by this Agreement. USER shall be granted the right of
YAT Use Agreement 6/6/2017 page 4 of 13
8
quiet enjoyment upon performance of all terms of this Agreement.
B. YAT may further develop or improve Airport property and facilities, regardless
of the desire or views of USER regarding any such development or improvement,
and without interference or hindrance on the part of USER and without liability to
USER, provided the operations of the USER are not unreasonably interrupted.
C. YAT reserves the right, but shall not be obligated to USER, 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 USER in that
regard.
D. YAT reserves the right to take any action necessary or desirable by YAT 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
USER 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. USER shall limit the building area to
that portion of the property which is outside 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, YAT 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 Agreement shall be
suspended insofar as they are inconsistent with the provisions of the lease
agreement with the United States of America.
F. This Agreement shall be subordinate to the provisions of any existing or
future agreement between YAT 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 premises or any interest therein is taken as a result of the exercise of
the right of eminent domain, this Agreement shall terminate as to such portion as
may be taken. If the portion taken does not feasibly permit the continuation of the
USER's operations, USER shall have the right to terminate this Agreement. Such
termination shall be effective as of the date USER's operations cease. USER shall
be entitled to a portion of the award representing its interest in the premises. YAT
shall be entitled to the remainder of the award.
19. INDEMNITY/DUTY TO DEFEND:
Not Applicable.
20. INSURANCE:
Not Applicable.
YAT Use Agreement 6/6/2017 page 5 of 13
9
21. DAMAGE OR DESTRUCTION:
A. TENANT IMPROVEMENTS: In the event the premises defined herein, or
improvements thereto, are partially or totally damaged by fire or other casualty, the
USER shall be responsible for the restoration of the premises to as good or better a
condition as it had existed prior to the Use by USER.
B. OTHER AIRPORT PROPERTY: In the event of damage or destruction of
Airport property caused by the USER, its agents, employees, aircraft or other
equipment, USER agrees to repair, reconstruct, or replace the affected property to
the condition which existed prior to such damage or destruction. USER further
agrees to cause such repair, reconstruction or replacement of affected property with
due diligence.
22. DEFAULT, TERMINATION & FORFEITURE:
A. The failure by USER to pay fees in the amounts and at the times specified
herein, or the failure by USER to otherwise comply with any term, provision or
condition of this Agreement, shall constitute grounds for termination of this
Agreement and forfeiture of all fees paid by USER to the time of termination. This
Agreement and tenancy shall terminate and fees paid shall be forfeited for cause as
specified above on written notice by YAT to USER stating the amount of fee in
default or otherwise stating accurately the manner in which USER fails or has failed
to comply with this Agreement. USER shall make full payment or otherwise comply
with this Agreement in the manner specified in the notice within three (3) days from
USER's receipt of such notice, otherwise this Agreement and tenancy shall be
terminated and fees paid to the point of termination forfeited. Such notice shall be
given in writing and served on USER by personal delivery or mailed by certified mail
with return receipt requested addressed to USER at its address stated below
USER's signature to this Agreement or such other address as the parties may
advise each other in writing. It is further agreed that after receipt of notices and as
an additional condition to avoid forfeiture, USER shall pay YAT's costs and
expenses, including attorney's fees, for the preparation and service of such notice.
Nothing contained herein shall release or diminish USER's obligation to pay fees for
the full term of this Agreement. Notices shall be deemed received three (3) days
after mailing to USER at the address below USER's signature to this Agreement or
such other address as the parties may advise each other in writing.
B. As additional and not alternative remedy, optional with YAT and upon thirty
(30) days written notice to USER, should USER be in default hereunder other than
default in the payment of fees, YAT may cure or correct the same and the cost of
such action by YAT shall immediately become due and payable from USER,
together with late fees on said sum at a rate of twelve percent (12%) per annum,
and the non-payment of said sum by USER shall be adequate grounds for YAT to
invoke the other remedies as provided in this Agreement.
C. Upon termination of this Agreement for any reason, USER shall immediately
YAT Use Agreement 6/6/2017 page 6 of 13
10
surrender the premises to the YAT in as good a condition and repair as exited prior
to the Use, ordinary wear and usage excepted; and USER shall remove all of
USER'S personal property, trade fixtures, equipment or improvements removable by
prior agreement with YAT from the premises and shall repair any damage to the
premises caused by such removal. Any personal property of USER, or anyone
claiming under USER, which shall remain upon the premises at the expiration or
termination of this Agreement shall be deemed to have been abandoned and may
be retained by YAT as YAT's property or disposed of by YAT in such manner as
YAT sees fit without compensation to any party.
23. NON-DISCRIMINATION CLAUSE:
To the extent required by law and not in conflict with USER's specifically authorized
personnel policies and practices, USER, 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 USER's
personnel policies and practices or in the use or operation of USER's services or
facilities.
B. USER 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. USER shall use the Premises in compliance with all other requirements
imposed by or pursuant to Title 49. Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in
Federally Assisted Programs of the Department of Transportation -Effectuation of
Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
D. It is the policy of the Department of Transportation that minority business
enterprise as defined in 49 CFR Part 23, i.e., firms owned and controlled by
minorities; firms owned and controlled by women and firms owned and controlled by
financially disadvantaged persons; shall have the maximum opportunity to
participate in the performance of leases as defined in 49 CFR Section 23.5.
Consequently, this Agreement is subject to 49 CFR Part 23 as applicable.
24. NON -WAIVER:
The failure by one party to require performance of any provision of this
Agreement shall not affect that party's right to require performance at any time
thereafter, nor shall a waiver of any breach or default of this Agreement
YAT Use Agreement 6/6/2017 page 7 of 13
11
constitute a waiver of any subsequent breach or default or a waiver of the
provision itself.
25. INTEGRATION:
This document embodies the entire Agreement 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.
26. JURISDICTION AND VENUE
This Agreement shall be administered and interpreted under the laws of the State of
Washington and under applicable federal law provisions. Jurisdiction of litigation
arising from this Agreement shall be in Washington State. If any part of this
Agreement is found to conflict with applicable state and federal laws, such part shall
be inoperative, null, and void insofar as it conflicts with said laws, but the remainder
of this Agreement shall be in full force and effect. Venue for all disputes arising
under this Agreement shall be in the federal court in Yakima County, State of
Washington.
27. DISPUTE RESOLUTION
In the event that any dispute shall arise as to the interpretation of this agreement, or
in the event of a notice of default as to whether such default does constitute a
breach of the contract, and if the parties hereto cannot mutually settle such
differences, then the parties shall first pursue mediation as a means to resolve the
dispute. If the afore mentioned methods are either not successful then any dispute
relating to this Agreement shall be decided in the federal court in Yakima County, in
accordance with the laws of Washington and of the United States, as shall be
applicable. If both parties consent in writing, other available means of dispute
resolution may be implemented.
Time is of the essence of this entire Agreement.
YAT Use Agreement 6/6/2017 page 8 of 13
12
VAT:
City of Yakima
YAKIMA AIR TERMINAL - McALLISTER FIELD
2406 W. Washington Avenue, Suite B
Yakima, Washington 98903
(509) 575-6149 - phone
(509) 575-6185 - fax
Cliff Moore, City Manager Date
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Cliff Moore signed this instrument, on
oath stated that he was authorized to execute the instrument and acknowledged it as the
Interim City Manager respectively of the City of Yakima to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Date
By:
Notary Public
Appointment Expires
YAT Use Agreement 6/6/2017 page 9 of 13
13
USER:
United States Air Force
Mailing Address:
Telephone:
Signature Date
Printed Name
STATE OF
County of
I certify that I know or have satisfactory evidence that signed
this instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Interim City Manager respectively of the City of Yakima to be the
free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Date
By:
Notary Public
Appointment Expires
YAT Use Agreement 6/6/2017 page 10 of 13
14
Exhibit "A"
Exhibit "'A" t0 Lease ASlreeemelit between
and the Yakima r Terminal - McAllister Field 1
Leased area: adding and parking at 2012 So, 16th Avenue
Lease effective date.
Leased Area:
Address. 2012 So, 16th Avenue
Approx. 1.450 sq. ft. building
Approx. 9,805 sq. ft. parking
Omar
YAT Use Agreement 6/6/2017
Asphalt Parlong
Public Picnic Area
Lease Area
Bounday
page 11 of 13
15
Exhibit "B"
.�._
Yakima Aerospo
Cuh Craliers
s
•TENTS
Measure distance
Click on the map to add to your path
Total distance: 374.03 ft (114.00 m)
Orange USAF Play Area
YAT Use Agreement 6/6/2017
page 12 of 13
Exhibit "0"
16
EXTERIOR
DEM
wAwIMP ewvxCLAN
ADA DINING
AREA
DISHNASIBN
NT
SEATRIG
LOUNGE
SEATR1G
uM�
LOUNGE BAR
UDUOR LOUNGE
STORAGE SEATING
SERVING
RAISED
RESTAURANT
SEATRA
UPPER
LOUNGE
SEATING
OFFICE
/STORM
PREP
CORRIDOR
8
k affll
00STORAG
:0
a
UEAS
YVOM
YAKIMAAIR TERMINAL
2400 W. WASHINGTON AVE.
YAKIMA, WA 98903
(509) 575-6149
RESTAURANT FACIUTY - 2ND FLOOR
OF PASSENGER TERMINAL BUILDING
APPROXIMATE AREA 7,300 SQ. FT.
YAT Use Agreement 6/6/2017
DWIO91 TRIC1141213TAIANIIVHITI
page 13 of 13