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HomeMy WebLinkAbout09/05/2017 06J Property Lease Agreement with Jose Rocha dba Lenchas Hot DogsBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 6.J. For Meeting of: September 5, 2017 ITEM TITLE: Resolution authorizing the execution of a lease agreement with Jose Rocha dba Lenchas Hot Dogs for property located in the Yakima Air Terminal building at 2300 W. Washington Ave. SUBMITTED BY: Robert K. Peterson, Airport Director, 509-575-6149 SUMMARY EXPLANATION: The Yakima Air Terminal -McAllister Field has a variety of concessions/businesses that operate inside the airport terminal to provide passengers and the surrounding community with various options. At the present, time the airport only provides passengers with a few vending machines of which distribute Coke products, snacks, and coffees. Airport staff has been working with Jose Rocha owner of Lenchas Hot Dogs to provide passengers and tenants with fresh hot beverages and pastries during their travels. In order to facilitate his operations, the airport is leasing Mr. Rocha space in the terminal where the previous coffee shop was housed. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: N/A ATTACHMENTS: Description Upload Date D resolution 5'2412017 D Lease Agreement dr15/2017 Type Ccver Menlo Currtrad 2 A RESOLUTION 3 RESOLUTION NO. R -2017 - authorizing the execution of a lease agreement with Jose Rocha dba Lenchas Hot Dogs for property located in the Yakima Air Terminal building at 2300 W. Washington Ave. WHEREAS, the City owns and operates Yakima Air Terminal in accordance with applicable Federal, State and Local regulations; and WHEREAS, the airport has property available for lease within parcel number 181335- 31001, located in the terminal building at 2300 W. Washington Ave, Yakima ,WA 98903; and WHEREAS, the City of Yakima and Jose Rocha, dba Lenchas Hot Dogs have negotiated to lease a portion of such parcel, which includes a license to occupy and operate an espresso shop in the main terminal to provide passengers with concessionaire products, all of which is set forth in the "Airport Lease Agreement" attached hereto and incorporated herein by this reference; and; WHEREAS, the City Council has determined that approval of such lease agreement is in the best interests of residents of the City of Yakima, and will promote the purposes and services offered by the Yakima Air Terminal; 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 Lease Agreement with Jose Rocha, dba Lenchas Hot Dogs to provide concessionaire services within the Yakima Air Terminal. ADOPTED BY THE CITY COUNCIL this 5'h day of September, 2017. ATTEST: Kathy Coffey, Mayor Sonya Clear Tee, City Clerk 4 AIRPORT LEASE AGREEMENT BETWEEN YAKIMA AIR TERMINAL-McALLISTER FIELD AND JOSE ROCHA dba LENCHAS HOT DOGS THIS LEASE, executed this day of 2017, between the YAKIMA AIR TERMINAL - McALLISTER FIELD, a department of the City of Yakima, Washington, hereinafter referred to as "LESSOR," and JOSE ROCHA, a single man dba LENCHAS HOT DOGS, hereinafter referred to as "LESSEE": WITNESSETH: WHEREAS, LESSOR operates the Yakima Air Terminal - McAllister Field, hereinafter referred to as "Airport," and, WHEREAS, LESSOR has approved property available for lease as provided by this Lease, and LESSEE desires to occupy and use such property in accordance with this Lease, NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to be derived by each party, the parties agree as follows: 1. PREMISES: LESSOR does hereby lease and let unto LESSEE, and LESSEE does hereby lease and take from LESSOR, approximately 134 sq ft of space identified as Suite #9 in the Airport Terminal Building 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 over and across common public access ways. The LESSOR provides the LESSEE two parking spaces in the cell phone parking lot, provided customers' occupancy of these spaces does not exceed 30 minutes. 2. TERM: The tenancy created by this Lease shall commence on September 5, 2017, and continue for a period of one (1) year, terminating on September 5, 2018, unless otherwise terminated as provided for herein. LESSEE shall have the option to extend the initial term by four (4) additional one (1) year terms, provided that LESSEE delivers to LESSOR, not less than thirty (30) days before the expiration of the preceding term, written notification of LESSEE's intent to extend the term. Lease: Z:\F- drive\DATA\WORD\LEASE\Espresso in Terminal 1 5 3. RENT: LESSEE promises and agrees to pay the following lease payments/fees on or before the 15th day of each month. Payments shall be made to the City of Yakima, Accounts Receivable, 129 N. 2nd St, Yakima, WA 98901. Any rental payments/fees past due shall accrue a delinquency charge of twelve percent (12%) per annum. 1. Espresso Bar - $270/month The lease rental rate provided for above shall be subject to review and modification whenever the Airport Rates & Charges are set/reset by the City of Yakima. The rate per square foot shall be set at the then current First Floor Terminal Rate as published in the Airport Rates & Charges. 4. DEPOSIT: Upon execution of this lease by both parties, LESSEE shall deposit with LESSOR the amount of one month's rent plus leasehold tax as a guarantee of LESSEE's performance of this Lease and the timely payment of the rental provided for herein; and in the event LESSEE shall fail to pay the rental as provided herein, or otherwise breach this Lease, then the Airport Director may apply such deposit, or any part thereof as may be necessary, to the payment of rental or to the payment of damages for such breach. This deposit shall be adjusted from time to time to reflect adjustments in the rent and/or leasehold tax. 5. TAXES AND LIENS: In addition to the rent reserved above, LESSEE promises and agrees to pay, as the same become due and payable, all licenses, fees and taxes, including but not limited to the leasehold excise tax, 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. Lease: Z:\F- drive\DATA\WORD\LEASE\Espresso in Terminal 2 6 6. USE: LESSEE agrees to use the leased premises as an Espresso Bar and to provide other related miscellaneous services as approved by Airport Director. Hours of operation shall be approved in writing by the Airport Director. Failure to adhere to approved hours shall be basis for termination. The use of the property for any other purpose shall be deemed a material breach of this Lease constituting grounds for its termination. This provision shall apply to any assignment of this Lease, whether voluntary or due to mortgage foreclosure. Failure of the assignee to comply shall be reasonable cause for LESSOR to withhold approval or consent to assignment and/or to terminate the lease. 7. UTILITIES: LESSOR shall supply all power, water and sewer without additional cost to the LESSEE. 8. JANITORIAL: LESSEE shall furnish all janitorial services at LESSEE's expense. 9. HOURS OF OPERATION: LESSEE agrees to maintain minimum hours of operation. The normal business hours shall be Monday thru Sunday 4:OOam-6:OOam; 10:OOam-3:45pm, 5:30pm- 7:30pm. Hours are subject to alteration based on changes in airline departure schedule. 10. 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. 11. MAINTENANCE: LESSEE agrees to keep and maintain the premises in at least as good a condition as the condition of the premises at the beginning of LESSEE's occupancy, normal wear and tear excepted. LESSEE further agrees that LESSEE shall be responsible to maintain all of the leased area, trade fixtures, wall air conditioning unit, and other improvements, existing and future, in an attractive, sanitary and usable manner as reasonably determined by the Airport Director, consistent with other properties at the Airport and in compliance with Department of Health requirements. Lease: Z:\F- drive\DATA\WORD\LEASE\Espresso in Terminal 3 7 12. SIGNS: No signs or other advertising matter or devices shall be used or displayed in or about the leased premises or upon any portion of the Airport without the prior written approval of the Airport Director and in conformity with any applicable local codes, which approval shall not be unreasonably withheld. 13. IMPROVEMENTS: LESSEE agrees to do all redecoration, alterations, upkeep, repair and replacement of the leased premises and facilities therein at LESSEE's expense. All redecoration, alterations, trade fixtures and improvements to the leased premises by LESSEE shall conform to applicable construction codes, and LESSEE shall procure all necessary building and other permits therefor. All redecoration, alterations, trade fixtures and improvements shall be designed with a view toward aesthetic considerations and installation shall not commence until plans and specifications therefor have been submitted to and approved in writing by the Airport Director which approval shall not be unreasonably withheld. Approval of LESSEE's improvements shall be deemed granted twenty (20) days after LESSEE's submission in writing to the Airport Director if no response has been received by LESSEE. 14. REVERSION OF IMPROVEMENTS: Upon expiration or termination of the tenancy for any reason, all construction and improvements on the leased premises shall immediately revert to LESSOR, except for trade fixtures. Prior to the expiration of this Lease, LESSEE shall remove all such trade fixtures and repair any damage to the premises caused by removal of trade fixtures to the reasonable satisfaction of the Airport Director. Fixtures not removed within thirty (30) days after lease expiration or termination shall become the property of the LESSOR unless other arrangements have been previously approved in writing by the Airport Director. LESSEE shall, as additional consideration for grant of this Lease, insure that all liens and encumbrances against said improvements and structures except those created or suffered by LESSOR, whether consensual or involuntary, shall be paid, discharged or satisfied prior to time for reversion thereof to LESSOR; and, in any event, the parties acknowledge that LESSOR shall not by virtue of termination of the leasehold interest nor reversion of the structures or other improvements be liable for any debt or encumbrance associated therewith. Lease: Z:\F- drive\DATA\WORD\LEASE\Espresso in Terminal 4 8 15. LESSOR'S OPTION TO PURCHASE: LESSEE shall notify LESSOR in writing in the event LESSEE intends to sell any leasehold improvement(s) to a third party, which notice shall contain a copy of the contract for such sale binding the parties thereto, except for the right of LESSOR to exercise this option, discounted by the LESSOR'S reversionary interest in the premises. For a period of thirty (30) days after its receipt of such notice, LESSOR shall have the first right and option to buy the improvement(s) on the same terms and conditions as the intended sale. 16. REGULATIONS: LESSEE agrees to comply with all laws, ordinances, rules, regulations and policies of all governmental authorities having jurisdiction over the Airport, including LESSOR, as such laws, ordinances, rules, regulations and policies apply to the use and operation of Airport property, facilities and operations as those laws, ordinances, rules, regulations and policies now exist or may hereafter become effective, including policies adopted by LESSOR. 17. SUBLETTING: LESSEE shall not sublet the lease premises without the prior written approval of LESSOR. Such sublet shall be in conformance with all applicable Airport, local, state and federal laws, ordinances, rules, regulations and policies. LESSEE shall give preference to aeronautical activities and all subleases 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 sublet by LESSOR shall not be construed to be a consent to any subsequent sublet. 18. ASSIGNMENT LESSEE shall not assign this Lease without the prior written approval of LESSOR. 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 terms of this Lease together 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. Lease: Z:\F- drive\DATA\WORD\LEASE\Espresso in Terminal 5 9 19. MISCELLANEOUS PROVISIONS: A. The parties agree that LESSOR, through its Airport Director or other person authorized by the Airport Director, may enter upon the leased premises at any reasonable time to make such inspections as LESSOR may deem necessary to the proper enforcement of any term, provision or condition of this Lease. No such entry or inspection by LESSOR is required by this provision, and the failure of LESSOR to enter and make inspection shall not alter the relationship of the parties and their respective rights and duties provided by this Lease. LESSEE shall be granted the right of quiet enjoyment. B. LESSOR may further develop or improve Airport property and facilities, regardless of the desire or views of LESSEE regarding any such development or improvement, and without interference or hindrance on the part of LESSEE and without liability to LESSEE, provided the operations of the LESSEE are not unreasonably interrupted. C. LESSOR reserves the right, but shall not be obligated to LESSEE, to maintain and keep in repair the landing area of the Airport and all publicly owned facilities of the Airport, together with the right to direct and control all activities of LESSEE in that regard. D. LESSOR reserves the right to take any action necessary or desirable by LESSOR to protect the operations of the Airport against obstruction, 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 Director, would limit the usefulness of the Airport or constitute a hazard to aircraft. 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. G. If the leased premises or any interest therein is taken as a result of the exercise Lease: Z:\F- drive\DATA\WORD\LEASE\Espresso in Terminal 6 10 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 operation of the facility by LESSEE, LESSEE shall have the right to terminate this Lease. Such termination shall be effective as of the date LESSEE's operations cease. LESSEE shall be entitled to a portion of the award representing its interest in the premises. LESSOR shall be entitled to the remainder of the award. 20. LESSOR REPRESENTATIONS: A. As of the date hereof, there are no laws, regulations, rules, or polices adopted or approved, or under consideration for adoption or approval, by the Airport or the City which would prohibit LESSEE's intended use and business activities on the premises. B. As of the date hereof, to the best of the LESSOR's knowledge, there are no laws, regulations, rules or policies adopted and in effect or under consideration by any other federal, state, county, city or other governmental body which would prohibit LESSEE's intended use and business activities on the premises. C. As of the date hereof, the premises are free and clear of all liens and encumbrances of whatever kind or nature, and there are no claims, suits or actions, whether actual or threatened, which will or could result in any such liens or encumbrances or other impairments, restrictions, or prohibitions on LESSEE's use of the premises. D. As of the date hereof, LESSOR has the full power and authority to enter into this Lease and to fully comply with all of its terms and provisions, and this Lease will be valid and binding against LESSOR upon execution by the Airport Board. 21. INDEMNITY/DUTY TO DEFEND: A. At no expense to LESSOR, LESSEE shall defend against and indemnify fully and save harmless the Yakima Air Terminal - McAllister Field and its employees, the City of Yakima and its elected and appointed officials, employees and agents, from any and all liability, damages, suits, claims, actions, judgements or decrees, made against the Yakima Air Terminal - McAllister Field and its employees, the City of Yakima or its 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 Lease: Z:\F- drive\DATA\WORD\LEASE\Espresso in Terminal 7 11 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 person acting for or on behalf of LESSEE or under its direction, whether such claim shall be by LESSEE or a third party; provided, however, that LESSEE shall not be liable for any injury, damage or loss occasioned solely by the sole negligence of LESSOR, its agents or employees. LESSOR shall give to LESSEE prompt and reasonable notice of any such claims or actions and LESSEE shall have the right to investigate, compromise and defend the same to the extent of its interest. B. LESSEE agrees to reimburse LESSOR for any damage to the premises caused by the occupancy of LESSEE, its employees, agents, servants, invitees, independent contractors or any other person acting on behalf of LESSEE or under its direction. C. LESSOR agrees to defend, indemnify and hold LESSEE harmless against and from any claim or liability arising from or alleged to arise from the presence of hazardous material or toxic waste on the subject leased premises at the inception of this Lease and the introduction to the premises of such materials due to LESSOR'S activities or under its control. D. LESSEE shall keep and hold the Yakima Air Terminal - McAllister Field and its employees, the City of Yakima, its elected and appointed officials, agents and employees, free and harmless from any and all claims and actions, loss, damage, expense or cost, including reasonable attorneys fees, incidental to the investigation and defense thereof, resulting from, arising out of, or caused by LESSEE resulting in any liability under the Federal Comprehensive Environmental Response Compensation Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. 1801 et seq.; Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.; the Clean Water Act, 42 U.S.C. 1251 et seq.; the Washington Environmental Policy Act, RCW Ch. 43.21 C; 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. 22. INSURANCE: LESSEE shall file with LESSOR a certificate of insurance, or other proof of insurance acceptable to LESSOR, evidencing an insurance policy with the City of Lease: Z:\F- drive\DATA\WORD\LEASE\Espresso in Terminal 8 12 Yakima as additional insureds providing: 1. Comprehensive general liability insurance coverage in amounts of not less 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. 2. Tenant legal liability insurance coverage in an amount of not less than $100,000. Not less than 30 days written notice shall be supplied to LESSOR in the event of cancellation, material change to the policy or non -renewal of any or all policies. Certificates shall be issued by carrier(s) admitted in the State of Washington, or other such carriers as shall be acceptable to LESSOR, and having a minimum A.M. BEST rating of A -VII. 23. DAMAGE OR DESTRUCTION: A. In the event the construction in accordance with SECTION 13 - IMPROVEMENTS herein, or improvements thereto, are partially or totally damaged by fire or other casualty, the LESSEE may repair or replace the same at its own expense with due diligence. 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 the depreciation schedule. 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, Lease: Z:\F- drive\DATA\WORD\LEASE\Espresso in Terminal 9 13 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 of affected property with due diligence. 24. DEFAULT: A. It is agreed that the full and prompt performance of the terms and conditions of this Lease is of the essence, and shall LESSEE be in default of any of the same and such default has continued for thirty (30) days (except three (3) days notice for default in payment of rent) after receipt of written notice by LESSOR setting forth the particular default claimed, this Lease shall at the option of LESSOR, be forfeited and in such event it is expressly agreed that LESSOR may enforce such forfeiture pursuant to the unlawful detainer statutes of the State of Washington, and, LESSEE hereby waives all defenses as to the non -applicability of such statutes. It 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, at LESSOR's sole discretion 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. 25. TERMINATION AND FORFEITURE: A. The failure by LESSEE to pay rent/fees 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 fully comply with this Lease in the Lease: Z:\F- drive\DATA\WORD\LEASE\Espresso in Terminal 10 14 manner specified in the notice within thirty (30) days (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 and 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, or as otherwise required by RCW 59.12. LESSEE's obligation to pay the remainder of rents due hereunder shall abate only to the extent rental income is received from a succeeding tenant, if at all. B. Upon termination of this Lease, LESSEE shall peaceably and quietly vacate the premises occupied by LESSEE and shall restore the premises to LESSOR in the same condition as when originally occupied, normal wear and tear excepted. If LESSEE fails to remove its personal property and effects upon the termination of this Lease for any cause, LESSOR shall have the right to remove and store all of said property and effects at the expense of LESSEE. 26. INSOLVENCY: In the event LESSEE is declared bankrupt by a court of competent jurisdiction or in the event LESSEE makes an assignment for the benefit of creditors, or if a receiver otherwise is appointed for LESSEE, or in the event LESSEE's leasehold estate is subjected to execution to satisfy any judgement against LESSEE, then in that event LESSOR may immediately or at any time thereafter without notice or demand enter into and upon the premises or any part thereof and repossess the same and expel LESSEE or any person upon the premises and remove their effects, and thereupon this Lease and the tenancy hereby created shall absolutely terminate, without prejudice to any remedies which might otherwise be available to LESSOR for collection of past due or future rent. 27. VENUE, ATTORNEY FEES: In the event of litigation to enforce the rights and obligations hereunder, venue shall he in a court of competent jurisdiction in Yakima County, Washington and the prevailing party shall be entitled to its reasonable attorney fees in addition to court costs. 28. 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: Lease: Z:\F- drive\DATA\WORD\LEASE\Espresso in Terminal 11 15 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 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. 29. 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: Z:\F- drive\DATA\WORD\LEASE\Espresso in Terminal 12 16 LESSOR: 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 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 Lease: Z:\F- drive\DATA\WORD\LEASE\Espresso in Terminal 13 17 LESSEE: JOSE ROCHA dba: LENCHAS HOT DOGS 3153 SELAH LOOP ROAD SELAH, WA 98903 509-910-9526 JOSE ROCHA Date STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that JOSE ROCHA signed this agreement and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. Date By: Notary Public Appointment Expires Lease: Z:\F- drive\DATA\WORD\LEASE\Espresso in Terminal 14 18 EXHIBIT A a'. Err II 117F1 m• LL/0L/8 031V.11 smo �w 11X3 A3N3a131A13 031,0V1V PIe!J Je;slllt13U11 - IBUILLUal'!Y ewp eA Lease: Z:\F- drive\DATA\WORD\LEASE\Espresso in Terminal 15