HomeMy WebLinkAboutSoutheastern Washington Aging and Long Term Care - Vehicle Parking AgreementALTCCOG 2018-32
VEHICLE PARKING AGREEMENT
BETWEEN
YAKIMA AIR TERMINAL-McALLISTER FIELD AND
SOUTHEASTERN WASHINGTON AGING AND LONG TERM CARE
THIS VEHICEL PARKING AGREEMENT executed as of the 1ST day of March, 2018, between
the YAKIMA AIR TERMINAL - McALLISTER FIELD, a department of the City of Yakima,
Washington, hereinafter referred to as "AIRPORT," and SOUTHEASTERN WASHINGTON
AGING AND LONG TERM CARE, 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 LESSEE as provided by this
Lease, and LESSEE desires to park vehicles on said property 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:
LESSOR does hereby agree to allow LESSEE to park vehicles on a portion of
LESSOR's parking lot located at 2810 W. Washington Ave, Yakima, WA 98903 in the
City of Yakima, Yakima County, Washington, as a portion of that parking lot is depicted
in yellow 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 parking lot 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 LESSEE may, at any
time hereafter, provide a legal description of the designated portion of the parking lot that
is subject to this Lease Agreement and such description shall become a part of this
vehicle parking agreement.
In the event LESSOR requires said parking spaces within parking lot, LESSOR will notify
LESSEE and provide an alternative location on airport property for vehicle parking.
2. TERM:
The tenancy created by this vehicle parking agreement shall commence on 1st of March
2018, and continue for a period of one (1) year, terminating on February 28, 2019,
unless otherwise terminated as provided for herein.
LESSEE shall have the option, with LESSOR's prior approval in each case, 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.
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3. RENT:
LESSEE promises and agrees to pay the following rent payments 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. Seven (7) Vehicle Parking Permits - $220/month total rent
2. Additional Parking Permits as approved by LESSOR- $25/month additional rent
The vehicle parking permits provided above shall be subject to review and modification
at the annual anniversary of this vehicle parking agreement.
4. INSURANCE:
OPERATOR shall file with LESSOR a certificate of insurance, or other proof of
insurance acceptable to LESSOR, evidencing an insurance policy that names the
Yakima Air Terminal - McAllister Field, the City of Yakima and its elected and appointed
officials, employees and agents 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 OPERATOR'S occupancy of and activities pertaining to the premises.
2. Tenant Legal Liability insurance coverage in an amount of not less than
$100,000.
3. Automobile Public Liability and Property Damage insurance in an amount not
Tess than $1,000,000 combined single limit coverage.
Not less than 30 days advance 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.
5. DAMAGE OR DESTRUCTION:
In the event of damage or destruction of Airport property caused by the LESSEE, its
agents, employees, or LESSEE's 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 of
affected property with due diligence.
6. 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, 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
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Terminal - McAllister Field, the City of Yakima and 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 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 direct control.
C. LESSEE shall keep and hold the Yakima Air Terminal - McAllister Field, the City of
Yakima and 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. 43.21C; 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 there
under, 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.
7 TERMINATION
A. Either party may terminate this Agreement, in whole or in part, if the other party
materially breaches its obligations under this Agreement and is in default through no
fault of the terminating party. However, no such termination may be effected unless the
other party is given: (1) not less than five (5) calendar days written notice delivered by
certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for
consultation and for cure with the terminating party before termination. Notice shall be
considered issued within seventy-two (72) hours of mailing by certified mail to the place
of business of either party as set forth in this Agreement.
B. In addition to termination under subsection A of this Section, LESSOR may terminate
this Agreement for its convenience, in whole or in part, provided the LESSEE is given:
(1) not Tess than five (5) calendar days written notice delivered by certified mail, return
receipt requested, of intent to terminate.
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C. If CITY terminates for default on the part of the LESSEE, an adjustment in the
monthly lease payment shall be made to reflect a prorated allocation of the monthly rent
based upon the total number of days the LESSEE was permitted to park its vehicles in
the LESSOR's parking lot prior to the termination.
8. VENUE, ATTORNEY FEES:
In the event of litigation to enforce the rights and obligations hereunder, venue shall lie 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.
9. AIRPORT SECURITY:
LESSOR does not provide security patrols in and around the parking lot lease area
highlighted in Exhibit A. In the event LESSEE requires security patrols from a private
contractor, LESSEE shall not charge or transfer any costs associated with a security
contract to LESSOR. LESSOR is not responsible for any theft, damages, and/or
destruction of vehicles while they are parked or operating on airport property.
10. 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.
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LESSOR:
YAKIMA AIR TERMINAL - McALLISTER FIELD
2406 West Washington Avenue, Suite B
Yakima, Washington 98903
(509) 575-6149
(509) 575-6185 (fax)
Cliff M•hre, City Manager
-‘191( e
AT
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 they were authorized to execute the instrument and acknowledged it as the City
Manager to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
Date:_&Q l !? ;
By:�t)4a J (' (/ 6C 4
Notary Public)
Appointment -Expires (O )�- 1 6
CITY CONTRACT NO:
RESOLUTION NO:
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ALTCCOG 2018-32
LESSEE:
SOUTHEAST WASHINGTON AGING AND LONG TERM CARE
P.O. Box 8349
Yakima WA 98908
(509) 965-0105
(509) 965-0221 (FAX)
Lori J. Brown, Dir for
a/oiao/�
DATE
STATE OF WASHINGTON
County of Yakima l
I certify that I know or have satisfactory evidence that Ltr, J. Bruen
signed this instrument, on oath stated that they were authorized to execute the instrument and
acknowledged it to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Date u % Ch 19
By: a Ppr\ & r 1
Not ry Public
Appointment Expires a, 6 -Jac)? 2
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Date
ALTCCOG 2018-32
EXHIBIT A
2810 W. Washington Ave, Yakima, WA 98903
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