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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. \\yakima_c #m xaremF- dric\Lina \omce Lease 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: \\yakima_city\ykat\Shared\F- drive\DATA ORD\LEASE\Linn\O ce Lease 4 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 yakima_city\ykat\Shared\F- drive DATA\WORM LEASE\LinnAOfficeLease 5 Exhibit A t A Airport Leased Area 10 It 9114 12 g 1 1519211322. 19 Re 4 *143 9443,9494r3 la SE /Mate C.449 19 234 4er Ars oh otic22 1 e k 1\yakima_city\ykat\Shared\F- drive\DATA ORD\LEASE\Linn\Office Lease 6