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Home My WebLink AboutYakima Airpark, LLC - Airport Lease Agreement AIRPORT LEASE AGREEMENT BETWEEN YAKIMA AIR TERMINAL-McALLISTER FIELD AND YAKIMA AIRPARK, LLC. AMENDMENT #9 THIS YAKIMA AIR TERMINAL-McALLISTER FIELD AND YAKIMA AIRPARK, LLC. AMENDMENT #9, is executed this 1st day of APRIL, 2020, between the YAKIMA AIR TERMINAL — McALLISTER FIELD, a department of the City of Yakima, Washington, hereinafter referred to as "LESSOR," and YAKIMA AIRPARK, LLC., hereinafter referred to as "LESSEE": WITNESSETH: WHEREAS, LESSOR owns and operates the Yakima Air Terminal - McAllister Field; and WHEREAS, the parties to this amendment are the parties to the underlying property lease agreement dated the 1st day November 2005. All terms defined in the lease and prior amendments shall have the same meanings in this amendment; and WHEREAS, LESSOR has approved property available for lease and LESSEE has constructed improvements on the Premises as provided in the lease; and WHEREAS, on the 19th day of March, 2012, LESSEE amended the lease agreement in order to relinquish approximately 23,924 square feet of leased property formally known as "C" to JR Land Enterprise, LLC. which subdivided the property into two sections where LESSEE continued its lease with a new parcel designated as "C-2", which consisted of approximately 10,480 square feet of undeveloped property; and WHEREAS, an updated Exhibit was incorporated into lease amendment #8 of the approximate square footage that "C-2" occupies but an official metes and bounds survey was not provided in order to accurately illustrate the leased area; and WHEREAS, under Section 1 Premises of the original lease agreement, LESSEE may at any time, provide a legal description of the premises and such description shall become a part of the lease agreement; and WHEREAS, on the 24th day of February, 2020, LESSEE provided an official metes and bounds survey including an updated exhibit illustrating area "C-2" which occupies 6,662 square feet; and WHEREAS, the Parties agree to provide a rent credit to LESSEE beginning the 1st day of April, 2012, through the 1st day of March 1, 2020, the difference between the established 2012 approximate square footage of 10,480 square feet and 6,662 square feet as indicated within the new metes and bounds; and \\yakima_city\ykat\Shared\F-drive\DATA\WORD\LEASE\Yakima Airpark\Lease\Amendments 1 WHEREAS, the rent credit difference has been determined to be $6,221.80, which includes state leasehold excise tax and shall be applied as a credit to the LESSEE's April 1, 2020 invoice NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to be derived by each party, the parties agree to amend the Lease Premises, Rent, and Exhibit sections of the Lease as follows: 1. PREMISES: LESSOR does hereby lease and let unto LESSEE, and LESSEE does hereby hire and take from LESSOR, approximately 6,662 square feet of land in the City of Yakima, Yakima County, Washington, as that property is depicted on 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. 4. RENT: D. LESSEE promises and agrees to pay rent to LESSOR at the current aeronautical land lease rate per month for the leased premises depicted in Exhibit A, made in advance on or before the 10th day of each month. Payments shall be made to the City of Yakima at 129 N. Second Street, Yakima, WA, 98903. Rental rates identified 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 the time the tax is imposed. \\yakima_city\ykat\Shared\F-drive\DATA\WORD\LEASE\Yakima Airpark\Lease\Amendments 2 i Exhibit A LEASE AREA "C-2" \ \•• ... . 1 . _._ ---- !III . . 74.65' . I ,1 ! i! . . . . , ' ' : , ;I' 1 ' ,,6 1•:-. . - 0 AREA C2 t.... . ,v) • in 6,662 sq.ft. N • .1 1 -------- 831 52 ? 1 ,' 1/ / S 73 1 8'5 '00. ... .... 01 1eA ? /1 i c•. 1 1 i / ' -.--- 0, 1 , I 1 , 1 1 I 1 1 , i ' / , / / I / 1 I + / 10 1-g vi r nt- YAKIMA AIR PARK DATE C2 LEASE AREA 2/20/20 CIVIL -•••••PITPARID Val. ..... EXHIBIT YAKIMA AIR PARK DRAWN BY ..................sHEET. PLSA T.S.K. JOB NO, ENCINBERING-SURVSYING-PLANNING C — 0 1 19219/04278 iti M.211TH AVH TAMA.WASHDICION OHO fin-AMPO 1 \\yakima_city\ykat\Shared\F-drive\DATA\WORD\LEASE\Yakima Airpark\Lease\Amendments 3 LEGAL DESCRIPTION OF "C-2" LEGAL DESCRIPTION PROPOSED LEASE PARCEL That portion of the Southeast quarter of the Northwest quarter of Section 2,Township 12 North, Range 18 East.W.M. described as follows: Beginning at the Southeast corner of said Subdivision: thence North 90°00'West.along the South line thereof, 598.01 feet:thence North 0°15'15"West 333.29 feet to the Northwest corner of Lot lA of City of Yakima Binding Site Plan No. 1-99.as recorded under Auditor's File No. 7169990.records of Yakima County.Washington: thence continuing North 0°15'15"West 538.83 feet:thence North 90°00'East 260.77 feet to the True Point of Beginning:thence South 73°55'East 83.52 feet:thence North 19°19'18"East 20.11 feet:thence North 0°05' East 73.74 feet:thence North 89°35'33"West 74.65 feet to a point bearing North 10°00'26"East from the True Point of Beginning:thence South 10°00'26"West 71.19 feet to the True Point of Beginning. Other than the specific amendments stated herein, all other terms, conditions, obligations, rights and requirements of the underlying Lease shall remain in full force and effect throughout the Lease term. \\yakima_city\ykat\Shared\f:-drive\DATA\WORD\LEASE\Yakima Airpark\Lease\Amendments 4 LESSOR: YAKIMA AIR TERMINAL - McALLISTER FIELD 2406 W. Washington Avenue, Suite B Yakima, Washington 98903 (509) 575-6149 - phone (509) 575-6185 - fax kl4 Interim City Manager, A Meyerhoff STATE OF WASHING ON CITY CONTRACT No.a02()-03q County of Yakima RESOLUTION NO: n Cw I certify that I know or have satisfactory evidence that Alex Meyerhoff signed this instrument, on oath stated that he is authorized to execute this instrument and acknowledged it as the Interim City Manager to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. `oo miiiimitio�� 9 By. r i �� `o 4OTAR ‘1' _ Notary Publ(c /' = _ -_ Appointment Expires /(2f O Di tv...42:1/BLIC '> %9j•: •9 /5t 2o,L ti. ,(3F'WASH\ :•,�:T \\yakima_city\ykat\Shared\F-drive\DATA\WORD\LEASE\Yakima Airpark\Lease\Amendments 5 LESSEE: YAKIMA AIRPARK, LLC 9407 Ridgeway Road Yakima, WA 98903 Phone: (509) 952-2468 ,L___ -},k Jj1--'s (,)/ ...(3 Steve Sundquost ,/ at :3 A0 Mime ) Ola estad Date STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that Ste •r: ..\\. signed this instrument and acknowledged it to be his free and voluntary. -''` _t.; .It.ii purposes mentioned in the instrument. its% `'�'• .OTAR i Date �� .�� i : ''•''Y • i i By: it, ?. �t'..N U., �i 44,•.• PiJB��G�.: Notary Publi� 41194•?;18 2 'I = . Appointme � (i,2n 2 / ' OF S`r_- 4;2C------- • T ,,f70.1 . 0 Sign Date STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that Ola Vestad s'% ,=, •Nki_ instrument and acknowledged it to be his free and voluntary act for the uses 7.••u�p �':i:ntioned in the instrument. % getON i;.1/411 ;.•. 'tt'+ i : OTA/,j j, ,: 1 Date — �� _� i ." -40..— �': i : Notary PubIfc 1 1%.4?;� p'L..*•A Appointment Expires / ',-aQ:2- �k‘ Op 6'2,•.•� . �‘\`\Wes_ - 4 -,2Q:24 S. tur Date \\yakima_city\ykat\Shared\F-drive\DATA\WORD\LEASE\Yakima Airpark\Lease\Amendments 6