Loading...
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 \\yakima_city\ykat\Shared\F- drive\DATA\WORD\LEASE\Parking- Landside\Republic 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 \\yakima_cityVkat\Shared\F- drive\DATA\WORDTEASETarking- Landside\Republic 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 \\yakimacity\ykat\Shared\F- drive\DATA\WORD\LEASE\Parking- Landside\Republic 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