HomeMy WebLinkAboutJames C. and Judy A. Linn - Lease Amendment #2 to 2010 Lease Agreement LEASE AMENDMENT #2
To 2010 LEASE AGREEMENT
BETWEEN
YAKIMA AIR TERMINAL - McALLISTER FIELD
and
JAMES C. & JUDY A. LINN
THIS SECOND A END ENT TO 2010 LEASE AGREEMENT, executed this
day of _ • j a,z., , 2013, between the YAKIMA AIR TERMINAL -
McALLISTER FIELD, a department of the City of Yakima, Washington,
hereinafter referred to as "LESSOR," and James C. & Judy A. Linn, a married
couple, hereinafter referred to as "LESSEE ":
WITNESETH:
WHEREAS, LESSOR operates the Yakima Air Terminal - McAllister Field,
hereinafter referred to as "Airport," and
WHEREAS, the Yakima Air Terminal — McAllister Field, as LESSOR and James
and Judy Linn as LESSEE, entered in to a Lease Agreement effective May 1,
2010, and previously amended by the First Amendment to the 2010 Lease
Agreement dated May 1 , 2011; and
WHEREAS, LESSEE has requested that LESSOR amend the following Sections
of the 2010 Lease Agreement, Section 3A of which was previously amended by
the First Amendment to the 2010 Lease:
PREMISES: 1
RENTAL:. 3A;
NOW THEREFORE, in consideration of the mutual promises contained herein
and the benefit to be derived by each party, the parties agree that Sections 1 and
3A are amended as follows:
1. PREMISES:
LESSOR does hereby lease and let unto LESSEE, and LESSEE does
hereby lease and take from LESSOR, approximately t045 sq ft of land
and 745 sq ft of building space (main floor) at 2406 W Washington Ave #A
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
Lease /Linn2010 Amendment#2 Page 1
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.
3. RENT:
A. LESSEE promises and agrees to pay rent/fees to LESSOR at the
rate of $427.17 per month, payable on or before the 15th day of each
month, effective January 1, 2014. Payments shall be made to the City of
Yakima, Accounts Receivable, 129 N. 2 " St, Yakima, WA 98901. Any
rental payments /fees past due shall accrue a delinquency charge of
twelve percent (12 %) per annum
All terms of this Second Amendment shall become effective January 1, 2014. All
other terms and conditions of the First Amendment to the 2010 Lease Agreement
and the 2010 Lease Agreement not otherwise amended by this Second
Amendment to the 2010 Lease Agreement shall remain in full force and effect.
Lease /Linn2010 Amendment#2 Page 2
LESSOR:
City of Yakima
YAKIMA AIR TERMINAL - McALLISTER FIELD
2406 W. Washington Avenue, Suite B
Yakima, Washington 98903
(509) 575 -6149 - phone
(509) 575 -6185 - fax
-t -13 4.1Ir
Manager Date
STATE OF :SHIN(' ON
County of Yakima
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 uses and purposes mentioned in the instrument.
Date d a__ e- i > ,\O c - t L I STFA i, ,
By: 666 StV 11CktS ‘ 0 '0 0 T4 . :,<(% CITY CONTRACTNO G / ? ' 4
Nota ublic • 9 1. ' • , 2
�- . N �
Appointment Expire , )/1 =rn: ' RESOLUTION NO:
�o —
D� N1ar�h ?O�g •
LESSEE: 0
WA S H W‘o.•
JAMES C. & JUDY A. LINN
2406 West Washington Avenue #A
Yakima, Washington 98903
Phone: 509 - 452 -8131
lames C. L
,, / dy A. Linn Date
•TATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that James C. Linn & Judy A. Linn
signed this instrument and acknowledged it to be his free and voluntary act for the uses
and purposes mentioned in the instrument. ymm o
\`` JO f",,
Date � ; �ss�oti•
By: � _ : i _ � y : NO '
Notary Public r � �n 7D =
Appointment ' I / —/ "/ S it tiic
/ / /17ASHING`‘
Lease /Linn2010 Amendment#2 Page 3
• \
Leased Area Calculations Exhibit "A"
Linn
Improved ( Total = 745 sq ft)
Office Area 2 = 600 sq ft •
Lay 2 = 40 sq ft
E/W Hallway (50 %) = 36.8 sq ft
N/S Hallway (50 %) = 68.6 sq ft .
Land (Total= 1045 sq ft)
Improved = 745 sq ft
Parking = 300 sq ft
I 2 Parking Spaces I
1
9' Wide Sidewalk I
14 " 40 2 I
2 t i
17' Airport o Y 1 = 1
36' s-- - -- $ y I u_
a
C
N 1
Office Kitchen / 4 . v I m
Area 3 20 Lounge o
43 E-
Area � I o
:5 V'rl l_�tativoaYI
3 i II
72 'rav5 Office Area 1
L g ! 30.5'
eo Lev i`
� 11' 6, 29'
9' Wide Sidewalk
f
17' 15 Parking Spaces
163'
Leased Area = — — —
AIRPORT LEASE AGREEMENT
BEEEN
YAKI&MA AIR TERMINAL-McALLISTER FIELD AND
JAMES C. LINN AND JUDY A. LINN
AMENDMENT #2
THIS YAKIMA AIR TERMINAL-McALLISTER FIELD AND JAMES C. LINN AND JUDY A. LINN
AMENDMENT #2, is executed this 1st day of November 2019, between the YAK/MA AIR
TERMINAL — McALLISTER F|ELO, a department of the City of Yakima, \8/oshington, hereinafter
referred to as "LESSOR," and JAMES C. LINN AND JUDY A. LINN, hereinafter referred to as
WITNESSETH:
WHEREAS, LESSOR operates the Yakima Air Terminal - McAllister Field; and
WHEREAS, the parties to this Amendment No. 2 are the parties to the underlying property Lease
dated the 12mday May 2O1O. All terms defined in the Lease shall have the same meanings in
this Amendment; and
WHEREAS. LESSOR has property available for lease and has leased office space and property
to James C. Linn and Judy A. Linn as provided in the Lease; and
WHEREAS, LESSEE has provided proper notice and indicated the desire to reduce the amount
of office space and property provided by LESSOR; and
WHEREAS, LESSOR is willing to occupy approximately 316 square feet of additional office space
currently leased by LESSEE and LESSEE desires to relinquish said space to LESSOR under this
Amendment No. 2; and
WHEREAS, upon the execution of this Amendment No. 2 LESSEE will remove all personal
belongings from the space being relinquished and will return the office space to its original
configuration, minus normal wear and tear which includes the installation of a locking mechanism
on the pedestrian door in order to provide secure separation between the spaces LESSEE and
LESSOR will occupy; and
NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to
be derived by each portv, the parties agree to amend the Lease Premises, Rent, and Notice
Sections of the Lease, together with Exhibit A of the Lemne, as follows:
xrm'ima_corVkut«»ureo\F'urivmoxrx\woxo\Ls*ueuinvx/ff^Lease
1
1. PREMISES:
A. LESSOR does hereby lease and let unto LESSEE, and LESSEE does hereby lease
and take from LESSOR, approximately 1,330 square feet of land and 769 square feet
of building space (main floor) at 2406 West Washington Avenue, Suite A, in the City
of Yakima, Yakima County, VVaahington, 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 and egress from the leased premises and use of the public
areas and facilities associated therewith, including the designated Airport property and
roadways, subject to all 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 legal description of the premises and such description shall
become a part of this lease.
RENT:
A. LESSEE promises and agrees to pay rent to LESSOR at the rate of $446.07 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 at 129 N.
Second Stnest, Yakinne, WA, 90003. Any rental payment past due shall accrue a
delinquency charge of twelve percent (1 2%) per annum.
B. The lease rental rate provided for in A above, shal/be subject to review, modification
and/or reset whenever the Airport's Rates and Charges are set/reset by the City of
Yakima.
20. INSURANCE:
A. At all times during performance of the Lease, the Lessee shall secure and maintain in
effect insurance to protect the City and the Lessee from and against all claims,
damages, |osoes, and expenses arising out of or resulting from the performance of
this Lease. Lessee shall provide and maintain in force insurance in Iimits no Iess than
that stated be|oxv, as applicable. The City reserves the right to require higher limits
should it deem it necessary in the best interest of the public.
B. Commercial Liability Insurance. LESSEE shall provide the City with a certificate of
insurance as proof of commercial liability insurance with a minimum liability limit of
Two Million Dollars ($2.000.000.00) per occurrence combined single limit bodily injury
and property damage, and Two Million Dollars ($2.000.000.00) general
aggregate. This insurance requirement can be satisfied with a combination of
commercial general liability insurance and excess or umbrella liability insurance
coverage. If Lessee carries higher coverage limits, such limits shall be shown on the
Certificate of Insurance and Endorsements and the City of Yakima and the Yakima Air
Ternnina|, its elected and appointed officia|o, offioere, agento, and employees shall be
named as additional insureds for such higher Iimits. The certificate shall clearly state
who the provider is, the coverage amount, the policy number, and when the policy and
provisions provided are in effect. Said policy shall be in effect for the duration of this
Lease. The policy and Endorsements shall name the City of Yakima and the Yakima
Air Terminal -McAllister Fie|d, its elected and appointed officia(e, offioere, agento, and
employees as additional ineunedo, and shall contain a clause that the insurer will not
cancel or change the insurance without first giving the City thirty (30) calendar days
prior written notice. The insurance shall be with an insurance company or companies
rated A-Vll or higher in Best's Guide and admitted in the State of Washington.
C. 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 nodce, or other such time period as maybe 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 ofA4/|/ which are admitted in the State of
Washington or other such carriers as shall be acceptable to LESSOR.
28. NOTICE:
All notices allowed or required hereunder shall be effective if delivered by mail, return
receipt requested at the address shown below unless a different address is designated by
a party in writing:
If to LESSOR:
|f1oLESSEE:
City Manager
City of Yakima
City Hall — First Floor
129 N. Second Street
Yakima, WA 98901
and
YAKIMA AIR TERMINAL-MCALLISTER FIELD
2406 WWashington Avenue, Suite B
Yakima, Washington 98903
PHONE: (509) 575-6149
FAX: (509) 575-6185
James C Linn & Judy A. Linn
2406 W. Washington Ave. Suite A
Yakima, WA, 98903
509-452-8131 (Office)
Other than the specific amendments stated herein, all other terms, conddbons, obligations, rights
and requirements of the underlying Lease shall remain in full force and effect throughout the
Lease term.
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LESSOR:
YAKIMA AIR TERMINAL - McALLISTER FIELD
2406 W. Washington Avenue, Suite B
Yakima, Washington 98903
(509) 575-6149 - phone
(509) 57;= .185 - fa
Cynthia a nez, In erim itManager
STATE 0 WASHINGTON
County of Yakima
Date
I certify that I know or have satisfactory evidence that Cynthia Martinez 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. ,,\�W IIIHhli,,,
��� w0-Y•.R.P s``'.,
\SSIOM&
NOTAR'
Da
By:�:.
Notary Pub
Appointmen
CITY CONTRACT NO:
RESOLUTION NO:
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LESSEE:
JAMES C. LINN
2406 West Washington Ave, Suite A
Yakima, WA 98903
PHONE: 509-452-8131 (Office)
JAM
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that James C. Linn is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Sign;;.
JUDY A. LINN
2406 West Washington Ave, Suite A
Yakima, WA 98903
PHONE: 509-452-8131 (Office)
STATE O"' WASHINGTON
County of Yakima
I certify that l know or have satisfactory evidence that Judy A. Linn is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that
he was authorized to execute the instrument to be the free and voluntary act of such party for
the uses and purposes mentioned in the instrument.
Date v
BY: /C 1-t ✓i7 `Ta l iovi
Notary Public
Appo tm-nt Expires
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Exhibit A
t A
Airport Leased
Area
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