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Home My WebLink AboutJ. R. Land Enterprises, LLC - Airport Lease Agreement, Amendment #1AMENDMENT #1 TO AIRPORT LEASE AGREEMENT BETWEEN YAKIMA AIR TERMINAL- McALLISTER FIELD AND J.R. LAND ENTERPRISES, LLC THIS AMENDMENT #1, executed this i I day of the YAKIMA AIR TERMINAL - McALLISTER FIELD, Yakima, Washington, hereinafter referred to as ENTERPRISES, LLC, a Limited Liability. Company in referred to as "LESSEE." WITNESETH: 2013, between A department of the _City of "LESSOR," and J:R. LAND Washington State, hereinafter WHEREAS, LESSOR has approved property available for lease as provided by this . Lease, and LESSEE desires to occupy and use such property in accordance with this Lease; and, NOW THEREFORE, in consideration of the mutual promises, contained herein and the benefit to be derived by each party, the parties agree as follows: This is an Amendment to the Land Lease dated October 1, 2012, between the LESSOR and the LESSEE. 9. PREMISES: LESSOR does hereby lease and let unto LESSEE, and LESSEE does hereby lease and take from LESSOR, approximately 51,081 square feet of land in the City of Yakima, Yakima County, Washington, as that property is depicted on the drawing marked Exhibit "A ", attached hereto and by this reference made a part hereof, together with the right of ingress to and egress from the 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. The LESSOR may, at any time hereafter, provide a legal description of the premises and such description shall become a part of this Lease. 18. H. "Hazardous Substance" means any substance which now or in the future becomes defined or-regulated under any federal, state, or local statute, ordinance, rule, regulation, or other law relating to human health, environmental protection, contamination or cleanup, including, but not limited to, the Filename: JR Helo 2013:Amend #1.doc Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C. 9601 et seq., and Washington's Model Toxics Control Act (MTCA), RCW 70.1050.010 et seq. LESSEE covenants and agrees that Hazardous Substances will not be used, stored; generated, processed, transported, handled, released., or disposed of on, in, under, or above the Premises, except in accordance and compliance with all applicable laws, permits or licenses. LESSEE shall exercise the utmost care with respect to both Hazardous Substances in', on, under, or above the Premises as of the Commencement Date, and any Hazardous Substances that come to be located in, on, under, or above the Premises during the Term of this agreement, along with the foreseeable acts or omissions of third parties affecting those Hazardous Substances, and the foreseeable consequences of those acts or omissions. The obligation to exercise utmost care under this Subsection includes, but is not limited to, the following requirements: (i.).LESSEE shall not undertake. activities that will cause, contribute to, or exacerbate contamination of the Premises; (2) If-requested., LESSEE shall allow reasonable access to the Premises by employees and authorized agents of the Environmental Protection Agency, the Washington State Department of Ecology, or other similar environmental agencies; and Notification and Reporting (a) LESSEE'shall immediately notify LESSOR if LESSEE becomes, aware of any ,of the .following: (1) A release or threatened release of Hazardous Substances in, on, under, or above the, Premises or adjoining property; (2) Any problem or liability related to, or derived from, the presence of any Hazardous Sub_ stance in, on, under, or above the Premises or adjoining property; (3) Any actual or alleged violation of any federal, state, or local statute, ordinance, rule, regulation, or other law pertaining to Hazardous Substances with respect to the Premises or adjoining property; (4) Any lien or action with respect to any of the foregoing; 'or, (5) Any notification from the US Environmental Protection Agency (EPA) or the Washington State bepartment of Ecology (DOE) that remediation or removal of Hazardous Substances is or may be required at the Premises. Indemnification and Burden of Proof. Notwithstanding any permit or.license that authorizes the discharge or release of Hazardous Substances or other deleterious substances, LESSEE shall fully indemnify, defend, and hold LESSOR harmless from ,and against any and all claims; demands, damages, natural Filename: JR Helo 2013 Amend #1.doc resource damages, response costs, remedial costs, cleanup costs, losses, liens, liabilities, penalties, fines, lawsuits, other proceedings, costs, and expenses (including attorneys' fees and disbursements), that arise out of or are in any way related to: (1) The use', storage, generation, processing, transportation, handling,. or disposal of any Hazardous Substance by LESSEE, its sub LESSEES, contractors, agents, employees, guests, invitees, or affiliates in, on, under, or above the Premises during the term of this Easement; (2) The release or threatened release of any Hazardous Substance in, on, under, or above the Premises, which release or threatened release occurs or occurred during the term of this Easement and as-a result of any act or omission of LESSEE, its sub LESSEES, contractors, agents, employees, guests, invitees, or affiliates. (3) A breach of the obligations of this Subsection by LESSEE,. its sub LESSEES, contractors, agents, employees, guests, invitees, or affiliates. Cleanup. If a release of'.Hazardous Substances occurs on, in, under, or above the Premises or any LESSOR -owned property arising out of any action or inaction described or referred to above, LESSEE shall, at its sole expense, promptly take all actions. necessary or advisable to clean up the Hazardous Substances. These actions shall. include, without limitation, removal, containment and remedial actions and shall be performed in accordance with all applicable laws, rules, ordinances, and permits. LESSEE -shall also be solely responsible for all cleanup, administrative, and enforcement costs of governmental agencies, including natural resource damage claims for cleanups required on, in, under or above the Premises arising from any action or inaction described or. referred. to in this Subsection. Any cleanup shall be performed in a manner approved in advance- in writing by LESSOR, except that in emergency situations LESSEE may "take reasonable and appropriate actions without advance approval, but in such emergency event shall notify LESSOR as soon as is reasonably possible. Filename: JR. Helo 2013 Amend #1.doc LESSOR: YAKIMA AIR - TERMINAL - McALLISTER FIELD A DEPARTMENT OF THE CITY OF YAKIMA 2406 W. Washington Avenue, Suite B Yakima, Washington 98903 (509) 575 -6149 - phone (509) 576185 - fax Tony"QAourkV, City Manager STATE OF WASHINGTON County of Yakima. Date it) I certify that I know or have satisfactory evidence that Tony O'Rourke signed this 'instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the ':City Manager respectively of the City of Yakima to be the free and voluntary act of such party for the and purposes mentioned in the instrument. Dat Notary Public Appointment Expires i a S' �o ,��s ,•,�\- CITYCONTRAcrN RESOLUTION NO:. Filename: A Helo 2013 Amend #1.doc 4 i a J.R. HELICOPTERS, L.L.C. 2035 Airport La Yakima, WA 9 03 509 - 945-2803 Gam- Jason Rubright,pwner STATE OF WASHINGTON County of Yakima � -It -�3 Date I certify that I know or have satisfactory evidence that Jason Rubright signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. Date. z —/ — Notary Public TAR' Appointment Expires 9 - My Comm. Expires _ N :September 06, 2013: Z jt�" 'OUSO�+ '�`�`` ,1 WASN,�� Filename: JR Helo 2013 Amend #1.doc 5 J.R. HELICOPTER REVISED LEGAL DESCRIPTION That portion of the Southeast quarter of the Northwest quarter of Section 2, Township 12 North, Range 19.East, W.M. described as follows: Beginning at the Northwest corner of Lot 1A of Binding Site Plan recorded under Auditor's. File No. 71.69990, records of,YAima County, Washington; thence North.0 °15'15" West along the Easterly right of way line of South 21" Avenue as dedicated thereon, 60.00 feet; thence North 89 °23' East 383.00 feet; thence North 0 °37' West 76.00 feet; thence North 21'03' West 112.29 feet; thence North 0 °37' West 225.79 feet to the True Point of Beginning; thence South 89 °23' West 183.00 feet; thence North 0 °37' West 19.00 feet; thence South 89 °23' West 155.00 feet; thence North 0 °37' West 169.00 feet; thence North 89 °23' East 266.00 feet; thence South 0 °37' East 121.40 feet; thence South '73 °55' East 75.17 feet to a point bearing North 0 °37' West from the True Point of Beginning;, thence South 0 °37' East 45.00 feet to the Point of Beginning. J.R. Helicopter ' #12055 Date 04 -24 -2013 i N 89*23' E 89*23' W 15 14 L2 b - . c, O Lo r7 01 AD NW CORNER LOT I SHORT PLAT 7137496 JOB NUMBER 12055 DATE 04-24 -2013, S 89'23' VI S 89'23' W 17 18 19 20 i ............. 10 Z- :l Il 12 3] 10 1 N 89'2S E 4