HomeMy WebLinkAboutR-2018-091 Airport Land Lease Agreement with PocketiNet, Inc.RESOLUTION NO. R-2018-091
A RESOLUTION authorizing an Airport Lease Agreement with PocketiNet, Inc for property located
at 2400 West Washington Avenue, Yakima Air Terminal -McAllister Field
WHEREAS, City owns and operates Yakima Air Terminal -McAllister Field in accordance with
applicable Federal, State and Local regulations; and
WHEREAS, the airport has property available for lease within parcel number 181335-24018,
which property is located on the Southwest corner of 24th Avenue and West Washington Avenue and is
identified as 2400 West Washington Avenue, and
WHEREAS, the City of Yakima and PocketiNet, Inc have negotiated a lease for a portion of said
parcel, which lease includes a license to occupy and operate an internet company within a airport owned
building to provide the community with reliable internet service, all of which is set forth in the "Airport
Land Lease Agreement" attached hereto as Exhibit "A" and incorporated herein by this reference, and
WHEREAS, the City Council has determined that approval of the attached lease agreement is in
the best interests of the City of Yakima and will promote the purposes of the Yakima Air Terminal -
McAllister Field, 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 Land Lease Agreement with PocketiNet for the lease of Yakima Air Terminal property
located at 2400 West Washington Avenue in accordance with the terms set forth therein
ADOPTED BY THE CITY COUNCIL this 21st day of August, 2018.
ATTEST
Sonya
ar Tee, City Cler
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AIRPORT LEASE AGREEMENT
BETWEEN
YAKIMA AIR TERMINAL-McALLISTER FIELD AND
POCKETiNET COMMUNICATIONS, INC.
THIS LEASE, executed this 1st day of September, 2018, between the YAKIMA AIR
TERMINAL — McALLISTER FIELD, a department of the City of Yakima, Yakima,
Washington, hereinafter referred to as "LESSOR," and PocketiNet Communications,
Inc., hereinafter referred to as "LESSEE."
WITNESSETH:
WHEREAS, LESSOR operates the Yakima Air Terminal - McAllister Field, hereinafter
referred to as "Airport," and,
WHEREAS, LESSOR has 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 4,350 square feet of covered space
(3,214 sq ft "garage" and 1,136 sq ft "office) and the property on which this
building is located, including the vehicle parking lot on the south side of the
building, all of which is located in the City of Yakima, Yakima County,
Washington, as that property is depicted on the drawing marked Exhibit "A" and
also identified as 2400 West Washington Avenue, Yakima, Washington 98903,
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.
2. TERM: The tenancy created by this Agreement shall commence September 1,
2018, and terminate August 31, 2020, unless otherwise terminated as provided
for herein.
LESSEE shall have the option to extend the term by three (3) additional one (1)
year terms, to wit, September 1, 2020, through August 31, 2021, and so forth,
provided LESSEE delivers to LESSOR not Tess than ninety calendar days (90
days) before the expiration of the original term or most recent extension thereof,
written notification of LESSEE's intent to extend the term.
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3. RENT:
A. September 1, 2018, through August 31, 2019: LESSEE promises and
agrees to pay rent to LESSOR at the rate of One Thousand Seven Hundred Fifty
Dollars and No Cents ($1,750) per month for the leased premises, made on or
before the 10th day of each month in which such payment is due. Payments shall
be made to the City of Yakima, Accounts Receivable, 129 N. 2nd St, Yakima, WA
98901. Any rental payment past due shall accrue a delinquency charge of
eighteen percent (18%) per annum, levied monthly.
B. September 1, 2019: Effective this date, the monthly lease payment shall
be increased by two percent (2.0%) as a set lease rate increase. The lease rate
shall increase by 2% each year thereafter, i.e. September 1, 2020, 2021, 2022
and 2023, if extensions are utilized.
C. All rates set above are rental rates of property only and do not include any
taxes of any sort. All applicable taxes shall be paid by LESSEE and will be
computed on the lease rate in effect at that time. (See paragraph 5, below).
4. DEPOSIT:
Upon execution of this lease by both parties, LESSEE shall deposit with
LESSOR the amount of one month's rent plus applicable leasehold tax, as a
guarantee of LESSEE's performance of this Lease and the timely payment of the
rental provided for herein; 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
rent or to the payment of damages for such breach, as well as pursue any other
remedies provided herein. If the deposit funds are applied to cure a default,
LESSEE must replenish the applied funds within three (3) days of the application
of the funds, regardless of the reason for the default. The deposit amount
required may 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 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.
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6. USE:
LESSEE agrees to use the leased premises for its business activity only or for
any other use that is approved by the LESSOR and is allowed by the Master
Plan and the zoning of the property by the appropriate jurisdiction.
7. UTILITIES:
LESSEE shall be responsible for all utility services including, but not limited to,
power, natural gas, sewer, and garbage. All communications, i.e. telephone,
computer network support, etc remains the responsibility of LESSEE, and
LESSEE is free to install any system and/or type of service it desires in the
furtherance of its business.
8. PREMISES CONDITION and MAINTENANCE:
LESSEE agrees to keep and maintain the premises in a condition at least as
good as the condition of the premises at the beginning of LESSEE's occupancy,
normal wear and tear excluded. 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 Director and consistent with other properties at the
Airport. Maintenance shall include, but not be limited to garbage and debris
removal and snow removal. Outside landscaping maintenance shall be
appropriately and regularly accomplished by the LESSOR on LESSOR's
schedule.
PocketiNet is responsible for the "ordinary and customary maintenance" required
to keep the property essentially "in present condition". Replacement of major
components, such as roof, water pump, electric garage door and/or motor,
HVAC, etc will be at airport's expense. However, if airport does not want to take
on a one-time expense greater than $1,500 for such replacement of components,
the agreement may be terminated by either party upon 60 -days notice to the
other. "Ordinary and customary maintenance" is further defined to include
painting, carpet replacement, minor repairs, HVAC and roof repairs not
exceeding $250/occurrence or $1,500 per year.
9. SIGNS:
LESSEE, at LESSEE's own expense, may erect 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 Director, which
approval shall not be unreasonably withheld.
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10. 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
and other improvements shall be designed with a view toward aesthetic
considerations; installation shall not commence until plans and specifications
therefore have been submitted to and approved in writing by the Airport Director,
which approval shall not be unreasonably withheld. 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.
11. REVERSION OF IMPROVEMENTS:
Ninety (90) days prior to the expiration of this Lease, including any renewals,
LESSEE shall provide written notice to the Airport Director of one of the following
intents of the LESSEE:
A. Revert the improvements constructed or installed on the Premises to the
LESSOR at no cost or encumbrance to the Airport, City or County;
B. Negotiate a new land lease agreement with the approval of the LESSOR;
12. 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.
13. SUBLETTING:
LESSEE shall not sublet any part of the premises without the prior written
approval of LESSOR. 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 sub -lease by
LESSOR shall not be construed to be a consent to any subsequent sub -lease.
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14. ASSIGNMENT:
LESSEE shall not assign this Lease without the prior written approval of
LESSOR. Such assignment shall be in conformance with all applicable Airport
regulations, local, state and federal laws, ordinances, rules, regulations and
policies. 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,
15. 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 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 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. LESSEE 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, 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
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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 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.
16. 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 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
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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. 43.21C; 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.
17. INSURANCE:
LESSEE shall provide LESSOR a certificate of insurance or other proof of
insurance acceptable to LESSOR, evidencing an insurance policy naming the
City of Yakima and the Yakima Air Terminal - McAllister Field as additional
insureds. Limits of Comprehensive General Liability insurance coverage not less
than $2,000,000 Two Million Dollars per occurrence 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 is admitted in the State of Washington or other such carriers as shall be
acceptable to LESSOR.
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18. DAMAGE OR DESTRUCTION:
A. TENANT IMPROVEMENTS: In the event the construction in accordance
with SECTION 12 -IMPROVEMENTS herein, or improvements thereto, are
partially or totally damaged by fire or other casualty, the LESSEE shall 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, LESSEE shall restore the Premises to
substantially the same condition as existed prior to LESSEE constructing its
improvements on the property.
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. In such case, LESSEE shall be entitled to
retain the insurance proceeds.
19. 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 comply with this Lease in the manner specified in the notice within
thirty (30) days (except ten (10) calendar 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
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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 eighteen percent (18%) 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
premises 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.
20. 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 judgment 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.
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21. 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.
22. 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
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.
23. AIRPORT SECURITY AND ACCESS CONTROL. Access to movement/non-
movement area/ingress and egress is not permitted under any circumstances.
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24. ACCESS ACROSS LEASED PROPERTY. Lessee acknowledges and permits
the customers and employees of Budget Rent A Truck to pass on and off of the
dirt truck storage lot immediately adjacent to and west of the garage across the
paved parking lot leased to the Lessee. Budget Rent A Truck vehicles will not be
allowed to ,parked on the asphalt parking: lot. Violations of this policy will be
reported to airport administration who will request the movingof a parked truck
by Budget as soon as possible. Lesseeshall not.have rental trucks towed from
the parking lot without the prior knowledge of approval by airport .management.
If/when the leased parking lot is adequately signed and marked by Lessee as a
`no parking/tow zone', Lessee is permitted to have any other vehicle towed at
owner's expense.
25. OFFICIAL NOTIFICATIONS: All notices, requests and other communication
under this Agreement shall be effectively given only if in writing and sent by
United States certified mail, returned receipt requested, postage prepaid, or by
nationally recognized and receipted overnight courier service (e.g. FedEx, UPS,
DHL, or Airborne Express) guaranteeing next business day delivery, addressed
as follows:
If to LESSOR:
If to LESSEE:
Robert K. Peterson, Airport Director
Yakima "Air Terminal -McAllister Field
2406 W. Washington Ave; Suite B
Yakima, WA 98903
(509) 575-6149
Rob. Peterson(a�yakimawa.gov
(509) 575-6260
Marshall Keymer
VP of Operations
PocketiNet Communications, Inc.
45 Terminal Loop Road, Suite 210
Walla Walla, Washington 99362
26. 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
constitute a waiver of any subsequent breach or default or a waiver of the
provision itself.
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27. 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.
Time is of the essence of this entire Lease.
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LESSOR:
YAKIMA AIR TERMINAL - McALLISTER FIELD
2406 W. Washington Avenue, Suite B
Yakima, Washington 98903
(509) 575-6149 - phone
(509) 575-6185 - fax
, City Manager
STATE OF WASHINGTON
County of Yakima
CITY CONTRACT NO'
91 )-a
(J Date
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RESOLUTION NO: ^' �p/ 699j
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 with the City of Yakima to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Date . at . 9 1 ��
By:
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Notary Public'J
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LESSEE:
Marshall Keymer
VP of Operations
PocketiNet Communications, Inc.
45 Terminal Loop Road, Suite 210
Walla Walla, Washington 99362
(509) 526-5026 - phone
Marshallqm,eu Pitio,(9,1
Keymer Date
Date
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Mr. Marshall Keymer signed this
instrument, on oath stated that they were authorized to execute the instrument and
acknowledged it as the Vice President of Operation for PocketiNet Communications,
Inc., to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
Date g 1 1 k7 J IS
By: Li1 *:-A ►,,l
Notary PA -tic
Appointment Expires. Ic4 051aJ
14
Z.\F- drive\DATA\WORD\LEASE\Pocket INET (Arpt Admin Bldg)
Exhibit "A" lease agreement
between Yakima Air Terminal
and PocketiNet
Effective Date:
September 1, 2018
Lease Area:
Office 1,136 sq ft
Garage 3,214 sq ft
TOTAL. 4.350 SO FT
X
Exhibit A
2400 W. Washington Ave
Yakima, WA 98903
Garage: 3,214 sq ft
Pocket:Net
Parking
15
Z:\F- drive\DATA\WORD\LEASE\Pocket INET (Arpt Admin Bldg)
Office: 1,136 sq ft
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
1
Item No. 6.1.
For Meeting of: August 21, 2018
Resolution authorizing an Airport Lease Agreement with
PocketiNet, Inc. for property located at the Yakima Air Terminal -
McAllister Field
SUBMITTED BY: Robert K. Peterson, Airport Director, 509-575-6149
SUMMARY EXPLANATION:
The Yakima Air Terminal -McAllister Field owns and manages a variety of properties, buildings,
and hangars located at the airport. Depending on the size and location of the building, the Airport
allows various corporations the ability to lease these buildings in order to facilitate the company's
operations. Leases involving airport buildings traditionally fall under 5 year agreements to assure
consistency with services provided on airport property. This proposed agreement with
PocketiNet allows the company to continue to provide the Yakima Valley with high-speed Internet.
ITEM BUDGETED:
Yes
STRATEGIC PRIORITY: Economic Development
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
Adopt Resolution
BOARD/COMMITTEE RECOMMENDATION:
N/A
ATTACHMENTS:
Description
D Resolution
0 Lease Agreement
Upload Date
8/9/2018
8,`912018
Type
Resol ution
ac