HomeMy WebLinkAboutRepublic Parking Systems, Inc. - Airport Parking Concessions AgreementsAIRPORT PARKING CONCESSION AGREEMENT
BETWEEN
YAKIMA AIR TERMINAL-MCALLISTER FIELD AND
REPUBLIC PARKING SYSTEM, INC.
AMENDMENT #1
THIS AIRPORT PARKING CONCESSION AGREEMENT BETWEEN YAKIMA AIR
TERMINAL-McALLISTER FIELD AND REPUBLIC PARKING SYSTEM, LLC.
AMENDMENT #1, is executed this 19th day of May, 2020, between the YAKIMA AIR
TERMINAL — McALLISTER FIELD, a department of the City of Yakima, Washington,
hereinafter referred to as "AIRPORT," and REPUBLIC PARKING SYSTEM, INC., a
Tennessee corporation hereinafter referred to as "CONCESSIONAIRE":
WITNESSETH:
WHEREAS, AIRPORT operates the Yakima Air Terminal - McAllister Field; and
WHEREAS, CONCESSIONAIRE manages the public parking facilities serving the airport
passenger terminal building; and
WHEREAS, the parties to this amendment are the parties to the underlying Agreement
dated the 1st day of July, 2012; all terms defined in the Agreement shall have the same
meanings in this Amendment #1; and
WHEREAS, The 2019-20 coronavirus pandemic is an ongoing pandemic of coronavirus
disease 2019 (COVID-19) that has reached more than 190 countries causing economic
distress on all forms of businesses including the transportation industry; and
WHEREAS, in response to significantly reduced use of parking at the airport during the
ongoing pandemic CONCESSIONAIRE has submitted a request to AIRPORT per
Sections 8.4, 8.5, and 9 of the original Agreement to implement changes in the Minimum
Annual Guarantee and excess concession fees required under Section 8.1 of the
Agreement for a period of five months in order to allow passenger and vehicle traffic to
return to typical levels of activity; and
WHEREAS, under Section 9 of the Agreement titled Force Majeure, the Agreement
allows CONCESSIONAIRE and AIRPORT the opportunity to negotiate adjustments in the
terms of the Agreement in the event of a catastrophic occurrence resulting in significant
hardship to CONCESSIONAIRE's ability to meet the terms of the Agreement; and
WHEREAS, on April 4, 2020, the Federal Aviation Administration issued guidance to
Airport Sponsors recommending consideration of certain forbearances or
accommodations, to defer rent payments or other fees owed by Airport contractors to
ensure the terms of the deferral are reasonable and applied fairly to similarly situated
businesses; and
\\yakima_city\ykat\Shared\F- drive\DATA\WORD\LEASE\Parking- Landside\Republic
NOW THEREFORE, in consideration of the mutual benefits to be derived by each party
hereto, the parties mutually agree to eliminate the Minimum Annual Guarantee fee
required by Section 8 of the Agreement, titled Concession Fees, for a period of five (5)
months, beginning April 1, 2020 and extending through August 31, 2020;
CONCESSIONAIRE shall keep the first $1,000.00 of parking revenue each month, and
pay AIRPORT 70% of all parking revenue in excess of $1,000.00 each month.
On August 10, 2020, CONCESSIONAIRE shall meet with AIRPORT to jointly evaluate
and review the terms of this Amendment #1 to determine if extending the amended
terms is necessary moving forward.
Exhibit A
Section 8.1 of the Agreement is amended as specifically described below, in
accordance with the AIRPORT PARKING CONCESSION AGREEMENT BETWEEN
YAKIMA AIR TERMINAL-McALLISTER FIELD AND REPUBLIC PARKING SYSTEM,
INC., AMENDMENT #1.
Pay Schedule
Current Agreement:
• $10,000 dollars (Minimum Annual Guarantee) is remitted to the Airport
• $6,587 dollars of revenue above the Minimum Annual Guarantee is retained by
Concessionaire until such gross revenues reach $16,687 dollars
• Gross revenues above $16,687 dollars the Airport retains 80 percent and
Concessionaire retains 20 percent
April 1, 2020 through August 31, 2020:
• Minimum Annual Guarantee is waived
• Concessionaire retains the first $1,000 dollars in gross revenues received during
this Amendment period
• Of total gross revenues received in excess of the first $1,000 dollars during this
Amendment period, the Airport retains 70 percent and Concessionaire retains 30
percent
Other than the specific amendments stated herein, all other terms, conditions, obligations,
rights and requirements of the underlying agreement shall remain in full force and effect
throughout the agreement term.
2
\\yakima_city\ykat\Shared\F- drive\DATA\WORD\LEASE\Parking- Landside\Republic
LESSOR:
YAKIMA AIR TERMINAL - McALLISTER FIELD
2406 W. Washington Avenue, Suite B
Yakima, Washington 98903
(509) 575-6149 - phone
(509) 575-6185 - fax
Alex Meyer off, Interim CilJ anager
STATE OF WASHINGTO
County of Yakima
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.
Date
IM/2C
By: (
Notary Publi•
Appointme Expires s? j/-9Q/
3
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CONCESSIONAIRE:
REPUBLIC PARKING SYSTEM, LLC.
633 Chestnut Street. Suite 2000
Chattanooga. TN 37450
(423) 756-2771 Office
(423) 595-1977 CeII
Tocrosius
President. Parking Services
STATE OF GEORGIA
County of Fulton
5/18/2020
Date
I certify that I know or have satisfactory evidence that Todd Brosius signed this instrument,
on oath stated that he was authorized to execute the instrument and acknowledged it as
the President. Parking Services of Republic Parking System, LLC of Chattanooga to be
the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Date 5/18/2020 //��
BY: (.X.. %1UntO
Notary Public
Appointment Expires 2/23/2022
•
,`tATE,p,,b TERILYN A GRIMES
Notary Public. Georgia
:*= HenryCounty
Feb uary23 202es
2
4
\\yakima_citylykat\Sharcd\F- dnve\DATA\WORD\LEASE\Parking- Landside\Repubiic
DocuSign Envelope ID: 937C7BFD-DE7D-4A50-8FOB-91AB7D5A2EDA
AIRPORT PARKING CONCESSION AGREEMENT
BETWEEN
YAKIMA AIR TERMINAL-MCALLISTER FIELD AND
REPUBLIC PARKING SYSTEM, INC.
AMENDMENT #2
THIS AIRPORT PARKING CONCESSION AGREEMENT BETWEEN YAKIMA AIR
TERMINAL-McALLISTER FIELD AND REPUBLIC PARKING SYSTEM,
LLC. AMENDMENT #2, is executed this 20th day of October, 2020, between the
YAKIMA AIR TERMINAL — McALLISTER FIELD, a department of the City of
Yakima, Washington, hereinafter referred to as "AIRPORT," and REPUBLIC
PARKING SYSTEM, INC., a Tennessee corporation hereinafter referred to as
"CONCESSIONAIRE":
WITNESSETH:
WHEREAS, AIRPORT operates the Yakima Air Terminal - McAllister Field; and
WHEREAS, CONCESSIONAIRE manages the public parking facilities serving the airport
passenger terminal building; and
WHEREAS, the parties to this amendment are the parties to the underlying Agreement
dated the 1st day of July, 2012 and Amendment No. 1 dated the 19th day of May
2020 (collectively "Agreement"); all terms defined in the Agreement shall have the
same meaninas in this Amendment #2: and
WHEREAS, The 2019-20 coronavirus pandemic is an ongoing pandemic of coronavirus
disease 2019 (COVID-19) that has reached more than 190 countries causing economic
distress on all forms of businesses including the transportation industry; and
WHEREAS, in response to the continued significantly reduced use of parking at the
airport during the ongoing pandemic CONCESSIONAIRE has submitted a request to
AIRPORT per Sections 8.4, 8.5, and 9 of the original Agreement to implement changes
in the Minimum Annual Guarantee and excess concession fees required under Section
8.1 of the Agreement for a period of five months in order to allow passenger and vehicle
traffic to return to typical levels of activity; and
WHEREAS, under Section 9 of the Agreement titled Force Majeure, the Agreement
allows CONCESSIONAIRE and AIRPORT the opportunity to negotiate adjustments in the
terms of the Agreement in the event of a catastrophic occurrence resulting in significant
hardship to CONCESSIONAIRE's ability to meet the terms of the Agreement; and
WHEREAS, on April 4, 2020, the Federal Aviation Administration issued guidance to
Airport Sponsors recommending consideration of certain forbearances or
accommodations, to defer rent payments or other fees owed by Airport contractors to
ensure the terms of the deferral are reasonable and applied fairly to similarly situated
businesses; and
1 C 2020 - 07043
\\yakima_city\ykat\ Shared\ F- drive\DATA\WORD\LEASE\Parking- Landside Republic
DocuSign Envelope ID: 937C7BFD-DE7D-4A50-8F0B-91AB7D5A2EDA
NOW THEREFORE, in consideration of the mutual benefits to be derived by each party
hereto, the parties mutually agree to eliminate the Minimum Annual Guarantee fee
required by Section 8 of the Agreement, titled Concession Fees, for an additional period
of four (4) months, beginning September 1, 2020 and extending through December 31,
2020; CONCESSIONAIRE shall keep the first $1,000.00 of parking revenue each month,
and pay AIRPORT 70% of all parking revenue in excess of $1,000.00 each month.
On or about December 10, 2020, CONCESSIONAIRE shall meet with AIRPORT to
jointly evaluate and review the terms of this Amendment #2 to determine if extending
the amended terms is necessary moving forward.
Exhibit A
Section 8.1 of the Agreement is amended as specifically described below, in
accordance with the AIRPORT PARKING CONCESSION AGREEMENT BETWEEN
YAKIMA AIR TERMINAL-McALLISTER FIELD AND REPUBLIC PARKING SYSTEM,
INC., AMENDMENT #1.
Pay Schedule
Current Agreement:
• $10,000 dollars (Minimum Annual Guarantee) is remitted to the Airport
• $6,587 dollars of revenue above the Minimum Annual Guarantee is retained by
Concessionaire until such gross revenues reach $16,687 dollars
• Gross revenues above $16,687 dollars the Airport retains 80 percent and
Concessionaire retains 20 percent
April 1, 2020 throuqh December 31, 2020:
• Minimum Annual Guarantee is waived
• Concessionaire retains the first $1,000 dollars in gross revenues received during
this Amendment period
Of total gross revenues received in excess of the first $1,000 dollars during this
Amendment period, the Airport retains 70 percent and Concessionaire retains 30
percent
Other than the specific amendments stated herein, all other terms, conditions, obligations,
rights and requirements of the underlying agreement shall remain in full force and effect
throughout the agreement term.
2 C 2020 - 07043
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DocuSign Envelope ID: 937C7BFD-DE7D-4A50-8F0B-91AB7D5A2EDA
LESSOR:
YAKIMA AIR TERMINAL - McALLISTER FIELD
2406 W. Washington Avenue, Suite B
Yakima, Washington 98903
(509) 575-6149 - phone
(509)75-6185 - fax
CITY CONTRACT NO: NIO'001eAmi,J'
RESOLUTION NO:
Bob Harrison, City Manager
STATE OF WASHINGTON
County of Yakima
1J1-
I certify that I know or have satisfactory evidence that Bob Harrison signed this
instrument, on oath stated that he is authorized to execute this 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.
Ovoutinutullik
/11
Dat
By:
Notary Pub
Appointment xpires
3 C 2020 - 07043
1\yakima_cityVkat\Shared\F- drive \DATAMORDLEASETarking- Landside\Republic
DocuSign Envelope ID: 937C7BFD-DE7D-4A50-8F0B-91AB7D5A2EDA
CONCESSIONAIRE:
REPUBLIC PARKING SYSTEM, LLC.
633 Chestnut Street, Suite 2000
Chattanooga, TN 37450
(423) 756-2771 Office
(423) 5g-1p77 Cell
r-- ocu ,goodbw
124,61, bittStiAS
A 7Aal,CIAN5,4r1
Todd Brosius
President, Parking Services
STATE OF GEORGIA
County of Fulton
10/19/2020
Date
I certify that I know or have satisfactory evidence that Todd Brosius signed this instrument,
on oath stated that he was authorized to execute the instrument and acknowledged it as
the President, Parking Services of Republic Parking System, LLC of Chattanooga to be
the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
10/19/2020
Date
By: lerilyn urimes
Notary Public
Appointment Expires
4 C 2020 - 07043
\\yakima cityVkat\Shared\F- drive\DATMWORD\ LEASE \Parking- Landside\Republic
DocuSign Envelope ID: 8F4731DF-8F93-439B-9FC9-8BBO1B598696
I
AIRPORT PARKING CONCESSION AGREEMENT
BETWEEN
YAKIMA AIR TERMINAL-MCALLISTER FIELD AND
REPUBLIC PARKING SYSTEM, INC.
AMENDMENT #3
THIS AIRPORT PARKING CONCESSION AGREEMENT BETWEEN YAKIMA AIR
TERMINAL-McALLISTER FIELD AND REPUBLIC PARKING SYSTEM, LLC.
AMENDMENT #3, is executed this 15th day of March, 2021, between the YAKIMA AIR
TERMINAL — McALLISTER FIELD, a department of the City of Yakima, Washington,
hereinafter referred to as "AIRPORT," and REPUBLIC PARKING SYSTEM, INC., a
Tennessee corporation hereinafter referred to as "CONCESSIONAIRE":
WITNESSETH:
WHEREAS, AIRPORT operates the Yakima Air Terminal - McAllister Field; and
WHEREAS, CONCESSIONAIRE manages the public parking facilities serving the airport
passenger terminal building; and
WHEREAS, the parties to this amendment are the parties to the underlying Agreement
dated the 1st day of July, 2012; all terms defined in the Agreement shall have the same
meanings in this Amendment #3; and
WHEREAS, The 2019-20 coronavirus pandemic is an ongoing pandemic of coronavirus
disease 2019 (COVID-19) that has reached more than 190 countries causing economic
distress on all forms of businesses including the transportation industry; and
WHEREAS, in response to significantly reduced use of parking at the airport during the
ongoing pandemic CONCESSIONAIRE has submitted a request to AIRPORT per
Sections 8.4, 8.5, and 9 of the original Agreement to implement changes in the Minimum
Annual Guarantee and excess concession fees required under Section 8.1 of the
Agreement for a period of five (5) months in order to allow passenger and vehicle traffic
to return to typical levels of activity; and
WHEREAS, under Section 9 of the Agreement titled Force Majeure, the Agreement
allows CONCESSIONAIRE and AIRPORT the opportunity to negotiate adjustments in the
terms of the Agreement in the event of a catastrophic occurrence resulting in significant
hardship to CONCESSIONAIRE's ability to meet the terms of the Agreement; and
WHEREAS, on April 4, 2020, the Federal Aviation Administration issued guidance to
Airport Sponsors recommending consideration of certain forbearances or
accommodations, to defer rent payments or other fees owed by Airport contractors to
ensure the terms of the deferral are reasonable and applied fairly to similarly situated
businesses; and
1
\\yakima_city\ykat\Shared\F- drive \DATA\WORD\LEASE \Parking- Landside\Republic
DocuSign Envelope ID: 8F4731DF-8F93-439B-9FC9-8BBO1B598696
NOW THEREFORE, in consideration of the mutual benefits to be derived by each party
hereto, the parties mutually agree to eliminate the Minimum Annual Guarantee fee
required by Section 8 of the Agreement, titled Concession Fees, for a period of six (6)
months, beginning December 30, 2020 and extending through June 30, 2021;
CONCESSIONAIRE shall keep the first $1,000.00 of parking revenue each month, and
pay AIRPORT 70% of all parking revenue in excess of $1,000.00 each month.
On June 10th, 2021, CONCESSIONAIRE shall meet with AIRPORT to jointly evaluate
and review the terms of this Amendment #3 to determine if extending the amended
terms is necessary moving forward.
Exhibit A
Section 8.1 of the Agreement is amended as specifically described below, in
accordance with the AIRPORT PARKING CONCESSION AGREEMENT BETWEEN
YAKIMA AIR TERMINAL-McALLISTER FIELD AND REPUBLIC PARKING SYSTEM,
INC., AMENDMENT #3.
Pay Schedule
Current Agreement:
• $10,000 dollars (Minimum Annual Guarantee) is remitted to the Airport
• $6,587 dollars of revenue above the Minimum Annual Guarantee is retained by
Concessionaire until such gross revenues reach $16,687 dollars
• Gross revenues above $16,687 dollars the Airport retains 80 percent and
Concessionaire retains 20 percent
April 1, 2020 through June 30, 2021:
• Minimum Annual Guarantee is waived
• Concessionaire retains the first $1,000 dollars in gross revenues received during
this Amendment period
• Of total gross revenues received in excess of the first $1,000 dollars during this
Amendment period, the Airport retains 70 percent and Concessionaire retains 30
percent
Other than the specific amendments stated herein, all other terms, conditions, obligations,
rights and requirements of the underlying agreement shall remain in full force and effect
throughout the agreement term.
2
\\yakima_city\ykat\Shared\F- drive\DATA\WORD\LEASE\Parking- Landside\Republic
DocuSign Envelope ID: 8F4731DF-8F93-439B-9FC9-8BB01B598696
LESSOR:
YAKIMA AIR TERMINAL - McALLISTER FIELD
2406 W. Washington Avenue, Suite B
Yakima, Washington 98903
(509) 575-6149 - phone
(509)57T5-6185 - fax
Bob Harrison, City Manager
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Bob Harrison signed this instrument,
on oath stated that he is authorized to execute this 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
B: (y e(
Y V1.�/!�
Notary Public
Appointment Expires (0
CITY CONTRACT CONTRACT NO:
RESOLUTION NO:
Notary Public
State of Washington
SONYA CLAAR TEE
COMM. EXPIRES. OCT. 25, 2022
COMM. # 33005
3
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DocuSign Envelope ID: 8F4731DF-8F93-439B-9FC9-8BBO1B598696
CONCESSIONAIRE:
REPUBLIC PARKING SYSTEM, LLC.
633 Chestnut Street, Suite 2000
Chattanooga, TN 37450
(423) 756-2771 Office
(423) ;7,.CeII
% I Carlo'
ACDO/C.LAD431.1...
3/26/2021
Leonard Carder Date
President, Real Estate Services
STATE OF GEORGIA
County of Fulton
I certify that I know or have satisfactory evidence that Leonard Carder signed this
instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the President, Real Estate Services of Republic Parking System,
LLC of Chattanooga to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Date
By:
3/26/2021
p DocuSigned by:
fit,Yi(,tiln, Q. GVtwtc,S
"-D65F1DDA2CE1464...
Notary Public
Terilyn A. Grimes
2/23/2022
Appointment Expires
4
\\yakima_city\ykat\Shared\F- drive\DATA\WORD\LEASE\Parking- Landside\Republic
DocuSign Envelope ID: 0D641983-E2B8-4FC6-ABB8-49A02579A167
AIRPORT CONCESSION RENT CREDIT
BETWEEN
YAKIMA AIR TERMINAL-MCALLISTER FIELD AND
REPUBLIC PARKING SYSTEM, LLC. dba REEF PARKING
THIS AIRPORT CONCESSION RENT CREDIT BETWEEN YAKIMA AIR TERMINAL-
McALLISTER FIELD AND REPUBLIC PARKING SYSTEM, LLC., dba REEF PARKING, is
executed this ti 1h- day of June, 2021, between the YAKIMA AIR TERMINAL —
McALLISTER FIELD, a department of the City of Yakima, Washington, hereinafter
referred to as "AIRPORT," and REPUBLIC PARKING SYSTEM, LLC., dba REEF
PARKING, a Tennessee corporation hereinafter referred to as "CONCESSIONAIRE":
WITNESSETH:
WHEREAS, AIRPORT operates the Yakima Air Terminal - McAllister Field; and
WHEREAS, CONCESSIONAIRE manages an airport parking concession business at the
airport passenger terminal building; and
WHEREAS, on Sunday, December 27, 2020, the President of the United States signed
the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) (H.B.
133) to provide continued funding for the federal government throughout the FY 2021 and
to minimize the economic impacts and assist Cities throughout the nation with their
response to the ongoing COVID-19 virus; and
WHEREAS, Title IV, Department of Transportation of the CRRSAA (H.B. 133) provides
approximately $2 Billion Dollars to support U.S. airports experiencing severe economic
disruption caused by the COVID-19 public health emergency; the funds will be distributed
to airports to prevent, prepare for, and respond to the COVID-19 public health emergency;
and
WHEREAS, the CRRSAA (H.B. 133) also provides an additional $200 million to primary
airports based on enplanements "to provide relief from rents and minimum annual
guarantee to on -airport car rental, on -airport parking, and in -terminal airport concessions";
and
DocuSign Envelope ID: 0D641983-E2B8-4FC6-ABB8-49A02579A167
WHEREAS, in accordance with the Act airport sponsors receiving the additional relief
funding would be required to provide relief to airport concessioners from the date of
enactment until the sponsor has provided an amount equal to the grant amount
specifically allocated for concessions "to the extent practicable and to the extent
permissible under state laws, local laws, and applicable trust indentures"; and
WHEREAS, only airport concessionaires that have certified they have not received a
"second draw or assistance for a covered loan" under the Payroll Protection Program that
has been applied towards rent or minimum annual guarantees is eligible for the relief; and
WHEREAS, the CONCESSIONAIRE has provided proper notice to the AIRPORT by
submitting the airport concession rent relief certification form indicating the desire to
receive rent relief under the Airport Coronavirus Response Grant Program and
CONCESSIONAIRE has certified at the time this agreement is entered into that they meet
the criteria outlined in the correspondence labeled: Federal Grant Funding Related To
The Coronavirus Response and Relief Supplemental Appropriations Act, as evidenced
by the Certification signed by CONCESSIONAIRE, copies of which are attached hereto
as Exhibit A and fully incorporated into this agreement;
NOW THEREFORE, in consideration of the mutual benefits to be derived by each party
hereto, the parties mutually agree to provide the following rent relief:
Rent Relief:
$4,028.68 dollars will be credited to the CONCESSIONAIRES account to be
applied to future monthly rent charges. Once the rent relief credit is fully
expended, the CONCESSIONAIRE will be responsible for ensuring all future
lease payments are provided as outlined within the airport lease agreement.
Rent relief is to be provided on the 1st day of the following month of this
agreement's execution and the CONCESSIONAIRE will be obligated to pay any
and all other applicable rates and charges as outlined in the airport lease
agreement.
Other than the specific amendments stated herein, all other terms, conditions, obligations,
rights and requirements of the underlying agreement shall remain in full force and effect
throughout the agreement term.
2
DocuSign Envelope ID: OD641983-E2B8-4FC6-ABB8-49A02579A167
EXHIBIT A
Yakima -Air -Terminal -McAllister -Field!
Airport-Concession-Rent-Relief-CertificationForml
[liminess -Legal -Name°
DBA
amelif-applicableyt
Authorized-Representativeo
Business -Phone°
Email -Address°
Business-Qualifies-as•an-Airport•
Concession-Disadvantaged-Business-
Enterprise(ACOBE)°
Paycheck-Protection-Program(PPP).
First-DraveLoan-Number-lif-tyiplicable)o
Have•you-applied-ordo-you-intend-to-
apply-for-a-PPP-Second-Drave°
PPP- Second-Draw-SBA-Loan-Nurnber•
(if-applicablek}
Purpose -of -PPP- Second-Draw-Loan-(f-
applicable)A
Republic Parking, •SystenttLGA
ReetcarSava
rt-Linehart, Jr.A
R
I
423-756-2771/-423-595-1977A
Boblinehartireelparking.com°
Yes-. A .Nori
El •Yes-. e Non
I
0.PayrotiCosis. 0.Covered-Sup
Ottlilittes ------- • 0,Covered-Pr
ORe ortgage-Interest El -Covered -Pr
Covered-Operations-E -nditures
Covered-VVerkerProteclion-Expenditureso
Other .14
• -
ier
rtyDam
rtyDam
I cerlitythal— R t bcP ng-SystemALC ,-norany our-subsidades has-nol received -a second-
draw-orassisiance-for a -covered loan -under -section 7(aX37) ofthe,SmllaEusiness-Act-(1511.5 C
636(a)(37))•lhathas been -applied -toward rerd-or ninimum-arsmal guarantee -costs --11
I -also «- ifythat_-Republic-Parking•Syslem-LLG., -nor-any-of-our subsidiaries- mil1notappty-fer•a•
coveredlean-u - ion.7(a)(37)-ofthe-Smalt Business-Act.(15-US C..636(a)(37))-for-rentor-minorntim.
annual-guaranlee-cests
Signature-of-Authorized-Representattve--.-11
Roberi-V.-Linehart-Jr -•
Print -Name
11
Certification fom7-must-bepromfed via-UPS,-FedEx, or-Certffied-Mal-by-Unoted-StatesPostal-
Service - Han&delivered, regular rnail, ore :lied-forms-MP/IV-be-accepted -¶
5125/2021
Datel
Executive VP Air art Sewices-4
DocuSign Envelope ID: 0D641983-E2B8-4FC6-ABB8-49A02579A167
LESSOR:
YAKIMA AIR TERMINAL - McALLISTER FIELD
2406 W. Washington Avenue, Suite B
Yakima, Washington 98903
(509) 575-6149 - phone
(509) 575-6185 - fax
Bob Hardson, City Manager
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Bob Harrison signed this instrument,
on oath stated that he is authorized to execute this 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 tk.
Notary Public,
Appointment Expires
CITY CONTRACT NO:
RESOLUTION NO:
4
DocuSign Envelope ID: 0D641983-E2B8-4FC6-ABB8-49A02579A167
CONCESSIONAIRE:
LEONARD CARDER
PRESIDENT REAL ESTATE SERVICES
REPUBLIC PARKING SYSTEM, LLC. DBA REEF PARKING
633 CHESTNUT STREET, SUITE 2000
CHATTANOOGA, TENNESSEE 37450
(423) 736-2771 OFFICE
l—DocuSigned by:
()Auld, Cadtx
Leonard Carder
President Real Estate Services
STATE OF
Georgia
Walton
County of
6/1/2021
Date
I certify that I know or have satisfactory evidence that Leonard Carder signed this
instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the President Real Estate Services to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
6/2/2021
Date
NotaryBy:
pu " 4
May 23, 2025
Appointment Expires
(rnalinCUSIgne
5
DocuSign Envelope ID: CC1BEB2C-5E21-4E92-8EFD-8B9E2D81A18E
Extension of Contract No. YAT-R-2 0 12-022 / 2020-086
For
Yakima Air Terminal -McAllister Field Airport Parking Concession
Agreement
This Extension of the existing Contract entitled Airport Parking
Concession Agreement, and entered into on lst day of July, 2012 (hereafter the
"Contract") with Republic Parking System, LLC., dba Reef Parking (hereafter
"Contractor") is between the City of Yakima (hereafter the "City") and Contractor.
Whereas, the City entered into City Contract per Resolution YAT-R-2012-
022/2020-086 with Contractor for the purpose of Airport Parking Concessions;
and
Whereas, the original term of said Contract, including extensions
thereunder, currently terminates on June 30, 2022; and
Whereas, negotiations over the terms of a new contract relating to Request
for Proposal ("RFP") No. for Airport Parking Concessions are ongoing; and
Whereas, the parties want the existing contract to remain in effect during
the pendency of negotiations, and until a new contract is signed; and
Now, therefore, the City and Contractor agree to the following extension of
the existing Contract, under the conditions set forth:
The term of Contract is hereby extended for 45 days from July 1st,
2022 THROUGH August 15th, 2022, or until a new Contract is
executed, whichever comes first, at which time Contract No. YAT-R-
2012-022/2020-086 shall terminate, unless sooner terminated by
either party in accordance with the terms of the Contract.
1
DocuSign Envelope ID: CC1BEB2C-5E21-4E92-8EFD-8B9E2D81A18E
Except as expressly modified herein, all other terms and conditions of the
above -referenced Contract No. YAT-R-2012-022 /2020-086 between the City of
Yakima and Republic Systems, LLC., dba Reef Parking shall remain in full force
and effect.
CITY OF Y
Republic Parking System, LLC, dba Reef
Parking
1k:ebb:gout by:
By: By- tututrel, Carekr
-* KJ Carder
ity Man ger Name:
Title: President Real Esta
7/5/2022
Date: Date:
EST:
City erk
Contract No. YAT-R-2012-022/2020-086
2
AIRPORT PARKING CONCESSION AGREEMENT
BETWEEN
YAKIMA AIR TERMINAL-MCALLISTER FIELD AND
REPUBLIC PARKING SYSTEM, INC.
AMENDMENT #5
THIS AIRPORT PARKING CONCESSION AGREEMENT BETWEEN YAKIMA AIR
TERMINAL-McALLISTER FIELD AND REPUBLIC PARKING SYSTEM, LLC.
AMENDMENT #5, is executed this 10th day of January, 2023, between the YAKIMA AIR
TERMINAL — McALLISTER FIELD, a department of the City of Yakima, Washington,
hereinafter referred to as "AIRPORT," and REPUBLIC PARKING SYSTEM, LLC., dba
REEF PARKING a Tennessee corporation hereinafter referred to as
"CONCESSIONAIRE":
WITNESSETH:
WHEREAS, AIRPORT operates the Yakima Air Terminal - McAllister Field; and
WHEREAS, CONCESSIONAIRE manages the public parking facilities serving the airport
passenger terminal building; and
WHEREAS, the parties to this amendment are the parties to the underlying Agreement
dated the 1st day of July, 2012; all terms defined in the Agreement shall have the same
meanings in this Amendment #5; and
WHEREAS, The 2019-20 coronavirus pandemic is an ongoing pandemic of coronavirus
disease 2019 (COVID-19) that has reached more than 190 countries causing economic
distress on all forms of businesses including the transportation industry; and
WHEREAS, in response to significantly reduced use of parking at the airport during the
ongoing pandemic CONCESSIONAIRE has submitted a request to AIRPORT per
Sections 7 of the original Agreement to implement changes in the Lease Term
Agreement for a period of twelve months ending June 30th, 2023 in order to allow
passenger and vehicle traffic to return to typical levels of activity; and
WHEREAS, under Section 9 of the Agreement titled Force Majeure, the Agreement
allows CONCESSIONAIRE and AIRPORT the opportunity to negotiate adjustments in the
terms of the Agreement in the event of a catastrophic occurrence resulting in significant
hardship to CONCESSIONAIRE's ability to meet the terms of the Agreement; and
WHEREAS, on April 4, 2020, the Federal Aviation Administration issued guidance to
Airport Sponsors recommending consideration of certain forbearances or
accommodations, to defer rent payments or other fees owed by Airport contractors to
ensure the terms of the deferral are reasonable and applied fairly to similarly situated
businesses; and
NOW THEREFORE, in consideration of the mutual benefits to be derived by each party
hereto, the parties mutually agree to amend the Yakima Air Terminal -McAllister Field
Airport Parking Concession Agreement dated July 1, 2012, as follows:
1. Extension of Agreement. The term of the July 1, 2012 Agreement, as outlined In
Section 7 of said Agreement, shall be extended for a period of twelve (12)
months, beginning July 1st, 2022 and extending through June 30th, 2023.
2. Pay Schedule Amendment. The pay schedule of the Agreement found under the
2012 Agreement, Section 8.1, and as amended, shall be replaced with and now
read as follows:
Pay Schedule
Current Agreement:
• $10,000 dollars (Minimum Annual Guarantee) is remitted to the Airport
• $6,587 dollars of revenue above the Minimum Annual Guarantee is retained by
Concessionaire until such gross revenues reach $16,687 dollars
• Gross revenues above $16,687 dollars the Airport retains 80 percent and
Concessionaire retains 20 percent
January 1, 2023 through June 30, 2023:
• $0.00 dollars (Minimum Annual Guarantee) is remitted to the Airport (i.e. the
Minimum Annual Guarantee is hereby removed)
• Concessionaire shall remit 45°/c, of gross revenues to the Airport and
Concessionaire shall retain 55%
3. Paragraph 14: Insurance is amended to read as follows:
INSURANCE: Concessionaire shall provide, at its own expense, Comprehensive
Automobile, Bodily Injury and Property Damage Liability Insurance covering all
vehicles owned, hired or non -owned operated by, or on behalf of, the
Concessionaire in the performance of this contract and in the following limits
except that if Concessionaire carries higher coverage limits than the limits stated
below, such higher limits shall be shown on the certificate of insurance and
additional insured endorsement:
Bodily Injury
Property Damage
$1 000,000 per occurrence
$1 000,000 per occurrence
Concessionaire shall obtain and pay premiums for the following insurance in
addition to the above:
2
Bodily Injury
Property Damage
$1,000,000 per occurrence
$1,000,000 per occurrence
Concessionaire shall obtain and pay premiums for the following insurance in
addition to the above:
Workman's Compensation Washington Statutory Limits
Comprehensive General Liability in an amount not less than $1,000,000
(Combined Personal injury and/or Property Damage per occurrence
subject to $1,000,000 aggregate).
All insurance required herein shall be obtained from an insurance company that is
rated Best's "A" or better. Prior to the effective date of this Agreement, and for each
extension of the Agreement a Certificate of Insurance shall be provided to the City of
Yakima. Concessionaire shall be required to provide prior written notice of a
material decrease or loss of insurance coverage to the City.
Certificates of insurance shall include the City of Yakima, Yakima Air Terminal —
McAllister Filed, and the City's elected and appointed officials, officers, employees,
agents, attorneys, and volunteers as additional insureds. The certificate shall state
clearly who the provider is, the coverage amount, the policy number, and when the
policy and provisions are in effect. Said policy shall be in effect for the duration of
the Contract.
Notwithstanding the insurance coverage obtained, the Concessionaire will be
responsible for any damage incurred while fulfilling the terms of the Agreement.
4. No other amendments. Other than the specific amendments stated herein, all
other terms, conditions, obligations, rights and requirements of the underlying
agreement and its amendments shall remain in full force and effect throughout
the agreement term.
Signatures Continued on Next Page
3
LESSOR:
YAKIMA AIR TERMINAL - McALLISTER FIELD
2406 W. Washington Avenue, Suite B
Yakima, Washington 98903
(509) 575-6149 - phone
(509) 575-6185 - fax
Bob Harriison,City Manager
CITY CONTRACT NO aS
RESOLUTION NO:
CONCESSIONAIRE:
REPUBLIC PARKING SYSTEM, LLC.
633 Chestnut Street, Suite 2000
Chattanooga, TN 37450
(423) 756-2771 Office
(423) 595-1977 Cell
--19 u9{gned by:
mksarw0
Aliogfu
Director
4
1/13/2023
Date