HomeMy WebLinkAboutKim, Su and Christine - Airport Lease Agreement Amendment #1 AMENDMENT #1
TO
AIRPORT LEASE AGREEMENT
BETWEEN
YAKIMA AIR TERMINAL - McALLISTER FIELD
AND
SU AND CHRISTINE KIM
THIS AMENDMENT #1, executed this /Z day of �firi / , 2015, between
the YAKIMA AIR TERMINAL - McALLISTER FIELD, A department of the City of
Yakima, Washington, hereinafter referred to as "LESSOR," and SU AND CHRISTINE
KIM a married couple in the State of Washington hereinafter referred to as "LESSEE" is
intended to extend the period of the Lease that expired March 31, 2015 per prior written
notice from Lessor to Lessee.
The parties intend by this Amendment #1 to extend the term of the Lease for thirty (30)
additional days, to expire at 5:00 p.m. on April 30, 2015, to satisfy Lessee's request for
additional time necessary to vacate the Lease property.
NOW THEREFORE, in consideration of the mutual promises contained herein and the
benefit to be derived by each party, the parties agree as follows:
The term of the Lease as set forth in paragraph 2 of the Lease is amended, effective
March 31, 2015, to provide as follows:
2. TERM:
The tenancy created by this Lease was initiated on April 1, 2011, and by prior
written notice to Lessee dated September 9, 2014, was to terminate on April 1,
2015. The Parties hereto mutually agree to extend the term of this agreement
for thirty (30) additional days, establishing a new termination time and date of
5:00 p.m. on April 30, 2015.
Except as expressly modified herein, all other terms and conditions of the Lease shall
remain in full force and effect.
Filename: G: \F- drive \DATA \WORD \LEASE \Kim
1
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) 575 .085 - fax
/7-/s
Tony "ourk7, City Manager Date
STATE OF WASHINGTON arrcoNrRacrNO. Oi S -
—
County of Yakima RESOLUTION NO:
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 – / -/
By: - �� �✓ �L� KAARRE ALLYN
Notary Public
Notary Public f State of Washington
Appointment Expires i /1 Q My Commission Expires
•ri1 11, 2016
Filename: G: \F- drive \DATA \WORD \LEASE \Kim
2
Su Kim and Christine Kim
808 N 51 Ave
Yakima, WA 98908
509 - 895 -7155
Su Kim � Christine Kim
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Su and Christine Kim signed this
instrument, on oath stated that they were authorized to execute the instrument and
acknowledged it to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Date — � / S'
B y: • L"��it�i / .0‘1
�
Notary P .% i / c y JO Yq''%
Appointment Expires //— " ; �`S�ssloti •�O�'%
Tg A 'p p n
o NO
S RO1 ,Z•'�
/I,,,, llltl \\
Filename: G: \F- drive \DATA \WORD \LEASE \Kim
3
AIRPORT LEASE AGREEMENT OR 9 a - /
SU AND CHRISTINE KIM
THIS LEASE, executed this 1st day of April, 2011, between the YAKIMA AIR TERMINAL —
McALLISTER FIELD, an agency of the City of Yakima and County of Yakima, Washington,
hereinafter referred to as "LESSOR," and SU AND CHRISTINE KIM a married couple in
the State of Washington hereinafter referred to as "LESSEE."
WITNESSETH:
WHEREAS, LESSOR operates the Yakima Air Terminal - McAllister Field, under the
authority granted by the Joint Operations Agreement signed by the City and County of
Yakima, Washington on July 1, 1982, and
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,
NOW THEREFORE, in consideration of the mutual promises contained herein and the
benefit to be derived by each party, the parties agree as follows:
1. PREMISES:
LESSOR does hereby lease and let unto LESSEE, and LESSEE does hereby lease
and take from LESSOR, approximately 9,488 sq ft of land and 1,183 sq ft of building
space (main floor) at 1816 S 24 Ave 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.
2. TERM:
The tenancy created by this Lease shall commence on April 1, 2011, and continue
on yearly basis, unless otherwise terminated as provided for herein.
3. RENT:
A. LESSEE promises and agrees to pay rent to LESSOR at the rate of $ 650.00
per month for the leased premises, made on or before the 10th day of each month
in which such payment is due. The rent shall begin April 1, 2011. Payments shall
be made to the Yakima Air Terminal - McAllister Field in care of the Airport
Manager's office. Any rental payment past due shall accrue a delinquency charge
of twelve percent (12 %) per annum, levied monthly.
YAT:LEASE KIM2011 page 1 of 12
B. The lease rental rate as provided for above shall be subject to review and
modification on every anniversary of this Lease, and any modifications shall be
based on the then current Commercial Standard Rate as set by Lessor and the
specific property being leased.
4. DEPOSIT:
Upon execution of this lease by both parties, LESSEE shall deposit with LESSOR
the amount of one month's rent plus leasehold tax as a guarantee of LESSEE's
performance of this Lease and the timely payment of the rental provided for herein;
and in the event LESSEE shall fail to pay the rental as provided herein, or otherwise
breach this Lease, then the Airport Manager may apply such deposit, or any part
thereof as may be necessary, to the payment of rental or to the payment of
damages for such breach or pursue any other remedies provided herein. If the
deposit funds are applied to cure a default, those applied funds must be replenished
within 3 days regardless of the reason for the default. The deposit amount required
may be adjusted from time to time to reflect adjustments in the rent and /or
leasehold tax.
5. TAXES AND LIENS:
In addition to the rent payable above, LESSEE promises and agrees to pay, as the
same become due and payable, all licenses, fees and taxes, including but not
limited to the leasehold excise, required to be paid by LESSEE by reason of this
Lease and by reason of LESSEE's use and occupancy of the leased premises and
by reason of LESSEE's construction or ownership of improvements to the leased
premises. LESSEE shall neither suffer nor permit the attachment of any lien or
other encumbrance on the leased premises by reason of LESSEE's occupancy
thereof. LESSEE agrees to indemnify LESSOR and shall hold LESSOR harmless
from any such taxes and liens.
6. USE:
LESSOR agrees that LESSEE will use the leased premises for a non- aeronautical
oriented activity or for any other use that is approved by the LESSOR and is allowed
by the Master Plan and the zoning of the property by the appropriate jurisdiction.
The use of the property for any other purpose shall be deemed a material breach of
this Lease constituting grounds for its termination. As a non - aviation use for the
leased property is approved by LESSOR, and subsequently an aviation use for the
same leased property becomes available during the term of the lease, LESSOR has
the right to cancel this lease with no penalty or cancellation charges as long as 120
days notice of cancellation is given. These provisions shall apply to, and shall be
included in the agreements for, any assignment of this Lease, whether voluntary or
due to mortgage foreclosure or for any other reason. Failure of the assignee to
comply with this Section shall be reasonable cause for LESSOR to withhold
approval or consent to assignment.
YAT:LEASE KIM2011 page 2 of 12
7. UTILITIES:
LESSEE shall be responsible for all utility services including, but not limited to,
power, natural gas, water, sewer, and garbage.
8. PREMISES CONDITION:
LESSEE has made a full inspection of the premises, is fully aware of its condition
except with respect to environmental conditions and accepts the premises on an
"AS -IS" basis. LESSEE agrees to pay for any improvements, repairs and /or
modifications necessary to the operation of LESSEE's business.
9. MAINTENANCE:
LESSEE agrees to keep and maintain the premises in a condition at least as good
as the condition of the premises at the beginning of LESSEE's occupancy, normal
wear and tear excluded. LESSEE further agrees that LESSEE shall be responsible
to maintain all leased areas, buildings, trade fixtures and other improvements,
existing and future, in an attractive and usable manner as determined by the Airport
Manager and consistent with other properties at the Airport. Maintenance shall
include, but not be limited to weed control, garbage and debris removal, painting,
snow removal and pavement maintenance. The LESSOR will mow the grass.
10. SIGNS:
LESSEE, at LESSEE's own expense, may erect sign(s) of a type, number and
location suitable to LESSOR. No signs or other advertising matter or devices shall
be used or displayed in or about the leased premises or upon any portion of the
Airport without the prior written approval of the Airport Manager, which approval
shall not be unreasonably withheld.
11. IMPROVEMENTS:
All buildings, trade fixtures and other improvements to the leased property by
LESSEE shall conform to applicable rules, regulations and codes, and LESSEE
shall procure all building and other permits therefore. All buildings, trade fixtures
and other improvements shall be designed with a view toward aesthetic
considerations and installation shall not commence until plans and specifications
therefore have been submitted to and approved in writing by the Airport Manager,
which approval shall not be unreasonably withheld. LESSOR makes no
representation or guarantee as to the suitability of the leased area for construction
of buildings, roads, ramps, etc., and is not responsible for the costs of excavation
and /or removal of any object found either above or below ground level except for
hazardous materials and archaeological artifacts existing prior to tenancy.
12. REVERSION OF IMPROVEMENTS:
In the event this Lease is terminated due to default by LESSEE or upon expiration
of this Lease, or any extension of this Lease Agreement as provided in Section 2
YAT:LEASE KIM2011 page 3 of 12
hereof, LESSOR may, at its option, either accept ownership of the improvements
constructed or installed on the Premises, except for trade fixtures, or require
LESSEE to remove such improvements within one hundred twenty (120) days of
such cancellation or expiration. Such removal shall include removing the
foundation, utilities, and other land improvements and restoring the land to grade
level, unless otherwise directed by LESSOR. LESSOR shall notify LESSEE of its
intent within sixty (60) days of the cancellation or expiration.
Prior to the expiration of this Lease, LESSEE shall remove all such trade fixtures
and repair any damage to the premises caused by removal of trade fixtures to the
reasonable satisfaction of the Airport Manager. Fixtures not removed within thirty
(30) days after termination become the property of the LESSOR unless other
arrangements have been previously approved in writing by the Airport Manager.
LESSEE shall, as additional consideration for grant of this Lease, insure that all
liens, security interest and other encumbrances against said improvements and
structures except those created or suffered by LESSOR, whether consensual or
involuntary, shall be paid, discharged or satisfied prior to time for reversion thereof
to LESSOR; and, in any event, the parties acknowledge that LESSOR shall not by
virtue of termination of the leasehold interest nor reversion of the structures or other
improvements be liable for any debt or encumbrance associated therewith.
13. LESSOR'S OPTION TO PURCHASE:
LESSEE shall notify LESSOR in writing in the event that LESSEE intends to sell
any leasehold improvement(s) to a third party. The notice shall contain a copy of the
contract for such sale binding the parties thereto, except for the right of LESSOR to
exercise this option, discounted by the LESSOR'S reversionary interest in the
premises. For a period of forty -five (45) days after its receipt of such notice,
LESSOR shall have the first right and option to buy the improvement(s) on the same
terms and conditions as the intended sale minus the LESSOR'S reversionary
interest.
14. REGULATIONS:
LESSEE agrees to comply with all applicable laws, ordinances, rules, regulations
and policies of all governmental authorities having jurisdiction over the Airport,
including policies adopted by LESSOR, as such laws, ordinances, rules, regulations
and policies apply to the use and operation of Airport property, facilities and
operations as those laws, ordinances, rules, regulations and policies now exist or
may hereafter become effective.
15. SUBLETTING:
LESSEE shall not sublet any part of the premises without the prior written approval
of LESSOR, such approval not to be unreasonably withheld. Subleases shall give
preference to aeronautical activities and shall comply with all laws, ordinances,
rules, regulations and policies applicable to the use and operation of Airport
YAT:LEASE KIM2011 page 4 of 12
property, facilities and operations as those laws, ordinances, rules, regulations and
policies now exist or may hereafter become effective. A consent to sub -lease by
LESSOR shall not be construed to be a consent -to any subsequent sub- lease. The
LESSOR, in determining whether or not to approve a sub - lease, shall consider the
extent of the aeronautical activities performed on the premises.
16. ASSIGNMENT:
LESSEE shall not assign this Lease without the prior written approval of LESSOR,
such approval not to be unreasonably withheld. Such assignment shall be in
conformance with all applicable Airport Board, local, state and federal laws,
ordinances, rules, regulations and policies. LESSEE shall give preference to
aeronautical activities and all assignees shall comply with all laws, ordinances,
rules, regulations and policies applicable to the use and operation of Airport
property, facilities and operations as those laws, ordinances, rules, regulations and
policies now exist or may hereafter become effective. A consent to assignment by
LESSOR shall not be construed to be a consent to any subsequent assignment.
17. MISCELLANEOUS PROVISIONS:
A. The parties agree that LESSOR, through its Airport Manager or other person
authorized by the Airport Manager, may enter upon the leased premises at any
reasonable time to make such inspections as LESSOR may deem necessary to the
proper enforcement of any term, provision or condition of this Lease. No such entry
or inspection by LESSOR is required by this provision, and the failure of LESSOR to
enter and make inspection shall not alter the relationship of the parties and their
respective rights and duties provided by this Lease. LESSEE shall be granted the
right of quiet enjoyment upon performance of all terms of this Lease.
B. LESSOR may further develop or improve Airport property and facilities,
regardless of the desire or views of LESSEE regarding any such development or
improvement, and without interference or hindrance on the part of LESSEE and
without liability to LESSEE, provided the operations of the LESSEE are not
unreasonably interrupted.
C. LESSOR reserves the right, but shall not be obligated to LESSEE, to
maintain and keep in repair the landing area of the Airport and all publicly owned
facilities of the Airport, together with the right to direct and control all activities of
LESSEE in that regard.
D. LESSOR reserves the right to take any action necessary or desirable by
LESSOR to protect the operations of the Airport against obstruction, or any other
activity interfering with the efficient operation of the Airport, together with the right to
prevent LESSEE from erecting, or permitting to be erected, any building or other
structure on the Airport which, in the opinion of the Airport Manager, would limit the
usefulness of the Airport or constitute a hazard to aircraft. Lessee shall limit the
building area to that portion of the property which is outside of the building
restriction line as defined by the Airport Layout Plan and to a height not to exceed
YAT:LEASE KIM2011 page 5 of 12
thirty five (35) feet.
E. During time of war or national emergency, LESSOR shall have the right to
lease the landing area or any part thereof to the United States of America for
military use, and, if any such lease is executed, the provisions of this Lease shall be
suspended insofar as they are inconsistent with the provisions of the lease
agreement with the United States of America.
F. This Lease shall be subordinate to the provisions of any existing or future
agreement between LESSOR and the United States of America relative to the
operation or maintenance of the Airport, the execution of which has been or may be
required as a condition to the expenditure of federal funds for the development of
the Airport.
• G. If the leased premises or any interest therein is taken as a result of the
exercise of the right of eminent domain, this Lease shall terminate as to such
portion as may be taken. If the portion taken does not feasibly permit the
continuation of the LESSEE's operations, LESSEE shall have the right to terminate
this Lease. Such termination shall be effective as of the date LESSEE's operations
cease. LESSEE shall be entitled to a portion of the award representing its interest
in the premises. LESSOR shall be entitled to the remainder of the award.
18. INDEMNITY /DUTY TO DEFEND:
A. At no expense to LESSOR, LESSEE shall defend against and indemnify fully
and save harmless the Board of the Yakima Air Terminal - McAllister Field, the
Yakima Air Terminal - McAllister Field and its employees, the City of Yakima and
Yakima County and their elected and appointed officials, employees and agents,
from any and all liability, damages, suits, claims, actions, judgements or decrees,
made against the Board of the Yakima Air Terminal - McAllister Field, the Yakima
Air Terminal - McAllister Field or its employees, the City of Yakima or Yakima
County or their elected and appointed officials, employees and agents, including all
expenses incidental to the investigation and defense thereof, including reasonable
attorney fees, based on or arising from the occupancy or use of the leased
premises by LESSEE or as a result of LESSEE'S operations at the Airport or from
any other act or omission of LESSEE, its servants, employees, agents, invitees,
independent contractors or any other entity, person, firm or corporation acting on
behalf of LESSEE or under its direction, whether such claim shall be by LESSEE or
a third party; provided, however, that LESSEE shall not be liable for any injury,
damage or loss occasioned solely by the sole negligence of LESSOR, its agents or
employees. LESSOR shall give to LESSEE prompt and reasonable notice of any
such claims or actions and LESSEE shall have the right to investigate, compromise
and defend the same to the extent of its interest.
B. LESSOR agrees to defend, indemnify and hold LESSEE harmless against
and from any claim or liability arising from or alleged to arise from the presence of
hazardous material or toxic waste on the subject leased premises at the inception of
this Lease and the introduction to the premises of such materials due to LESSOR'S
YAT:LEASE KIM2011 page 6 of 12
activities or under its control.
C. LESSEE shall keep and hold the Board of the Yakima Air Terminal -
McAllister Field,..the Yakima. Air Terminal - McAllister Field and its employees, the
City of Yakima and County of Yakima, their elected and appointed officials, agents
and employees, free and harmless from any and all claims and actions, loss,
damage, expense or cost, including reasonable attorneys fees, incidental to the
investigation and defense thereof, resulting from, arising out of, or caused by
LESSEE resulting in any liability under the Federal Comprehensive Environmental
Response Compensation Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq.;
Hazardous Materials Transportation Act, 49 U.S.C. 1801 et seq.; Resource
Conservation and Recovery Act, 42 U.S.C. 6901 et seq.; the Clean Water Act, 42
U.S.C. 1251 et seq.; the Washington Environmental Policy Act, RCW Ch. 43.21C;
the Washington Water Pollution Control Act, RCW Ch. 90.48; the Washington
Hazardous Waste Management Act, RCW Ch. 70.105; the Washington Model Toxic
Control Act, RCW Ch. 70.105D, and the regulations promulgated thereunder, or
under any applicable local or state environmental ordinance, statute, law, rule or
regulation. The provisions of this Sub- section shall survive the termination of this
Lease.
19. INSURANCE:
•
LESSEE shall file with LESSOR a certificate of insurance or other proof of
insurance acceptable to LESSOR, evidencing an insurance policy with the Board of
the Yakima Air Terminal - McAllister Field, the Yakima Air Terminal - McAllister Field,
the City of Yakima and County of Yakima as additional insureds providing
Comprehensive General Liability insurance coverage in amounts of not less than
$1,000,000 Combined Single Limit for bodily injury and property damage covering
LESSEE's occupancy of and activities pertaining to the leased premises.
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
III I Zits.
Not less than 30 days written notice, or other such time period as may be
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 of A -VII which are
admitted in the State of Washington or other such carriers as shall be acceptable to
LESSOR.
20. DAMAGE OR DESTRUCTION:
A. TENANT IMPROVEMENTS: In the event the construction in accordance
with SECTION 12- IMPROVEMENTS herein, or improvements thereto, are partially
or totally damaged by fire or other casualty, the LESSEE shall repair or replace the
same at its own expense with due diligence. The new improvements shall be at
least the same size, design and quality as that which existed prior to any damage or
YAT:LEASE KIM2011 page 7 of 12
1
y 9
destruction. Both parties agree, however, that any insurance proceeds shall be first
applied to the cost of repair or replacement of improvements.
LESSEE may elect not to repair or replace said construction or improvements.
LESSEE shall advise LESSOR of its intent within thirty (30) days of the damage or
destruction. If LESSEE elects not to repair or replace the improvements, this Lease
shall be terminated. In such event, LESSEE shall restore the Premises to
substantially the same condition as existed prior to LESSEE constructing its
improvements on the property.
B. OTHER AIRPORT PROPERTY: In the event of damage or destruction of
Airport property caused by the LESSEE, its agents, employees, aircraft or other
equipment, LESSEE agrees to repair, reconstruct, or replace the affected property
to the condition which existed prior to such damage or destruction, to the extent that
same is not covered by insurance required under this Lease. LESSEE further
agrees to cause such repair, reconstruction or replacement or affected property with
due diligence.
21. DEFAULT, TERMINATION & FORFEITURE:
A. The failure by LESSEE to pay rent in the amounts and at the times specified
herein, or the failure by LESSEE to otherwise comply with any term, provision or
condition of this Lease, shall constitute grounds for termination of this Lease and
forfeiture of all rent paid by LESSEE to the time of termination. This Lease and
tenancy shall terminate and rent paid shall be forfeited for cause as specified above
on written notice by LESSOR to LESSEE stating the amount of rent in default or
otherwise stating accurately the manner in which LESSEE fails or has failed to
comply with this Lease. LESSEE shall make full payment or otherwise comply with
this Lease in the manner specified in the notice within thirty (30) days (except three
(3) days for payment of rent) from LESSEE's receipt of such notice, otherwise this
Lease and tenancy shall be terminated and rent forfeited. Such notice shall be
given in writing and served on LESSEE by personal delivery or mailed by certified
mail with return receipt requested addressed to LESSEE at its address stated below
LESSEE's signature to this Lease or such other address as the parties may advise
each other in writing. It is further agreed that after receipt of notices and as an
additional condition to avoid forfeiture, LESSEE shall pay LESSOR's costs and
expenses, including attorney's fees, for the preparation and service of such notice.
Nothing contained herein shall release or diminish LESSEE's obligation to pay rent
for the full term of this Lease save such amount as LESSOR recovers as rent from
any subsequent lessee during the term of this Lease. Notices shall be deemed
received three (3) days after mailing to LESSEE at the address below LESSEE's
signature to this Lease or such other address as the parties may advise each other
in writing.
B. As additional and not alternative remedy, optional with LESSOR and upon
thirty (30) days written notice to LESSEE, should LESSEE be in default hereunder
other than default in the payment of rent, LESSOR may cure or correct the same
YAT:LEASE KIM2011 page 8 of 12
and the cost of such action by LESSOR shall immediately become due and payable
from LESSEE, together with late fees on said sum at a rate of twelve percent (12 %)
per annum, and the non - payment of said sum by LESSEE s hall be adequate
grounds for LESSOR to invoke the other remedies as provided in this Lease.
C. Upon termination of this Lease for any reason, _LESSEE shall - immediately
surrender the premises to the LESSOR in good condition and repair, ordinary wear
and usage excepted; and LESSEE shall remove all of LESSEE'S personal property,
trariP fixtures equipment nr improvements removable by prior agreement with
LESSOR from the premises and shall repair any damage to the premises caused by
such removal. Any personal property of LESSEE, or anyone claiming under
LESSEE, which shall remain upon the premises at the expiration or termination of
this Lease shall be deemed to have been abandoned and may be retained by
LESSOR as LESSOR's property or disposed of by LESSOR in such manner as
LESSOR sees fit without compensation to any party.
22. INSOLVENCY:
In the event LESSEE is declared bankrupt by a court of competent jurisdiction or in
the event LESSEE makes an assignment for the benefit of creditors, or if a receiver
otherwise is appointed for LESSEE, or in the event LESSEE's leasehold estate is
subjected to execution to satisfy any judgement against LESSEE, then in that event
LESSOR may immediately or at any time thereafter without notice or demand enter
into and upon the premises or any part thereof and repossess the same and expel
LESSEE or any person upon the premises and remove their effects, and thereupon
this Lease and the tenancy hereby created shall absolutely terminate, without
prejudice to any remedies which might otherwise be available to LESSOR for
collection of past due or future rent.
23. VENUE, ATTORNEY FEES:
1... 1L... event f litigation 1.. .....J:.. th tilts ......J ..b1:.....t:....... hereunder, L...11
111 11 IC Cvel IL of iiLlyciLlUI l LU Cl IIUrL.e the I IgI (Lb and obligations IJ I ICICUI IUCI venue shall
lie in Yakima County Superior Court, and the prevailing party shall be entitled to its
reasonable attorney fees in addition to court costs.
24. NON - DISCRIMINATION CLAUSE:
To the extent required by law, LESSEE, for itself, its personal representative,
successors in interest and assigns, as a part of the consideration hereof, does
hereby covenant and agree as follows:
A. No person, on the grounds of race, color, religion, sex, age, marital status,
handicap or national origin, shall be unreasonably excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in LESSEE's
personnel policies and practices or in the use or operation of LESSEE's services or
facilities.
YAT:LEASE KIM2011 page 9 of 12
B. LESSEE agrees that in the construction of any improvements on, over or
under Airport land and the furnishing of services thereon, no person, on the grounds
of race, color, religion, sex, marital status, handicap, age or national origin, shall be
unreasonably excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination.
C. LESSEE shall use the Premises in compliance with all other requirements
imposed by or pursuant to Title 49. Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non - discrimination in
Federally Assisted Programs of the Department of Transportation- Effectuation of
Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
D. It is the policy of the Department of Transportation that minority business
enterprise as defined in 49 CFR Part 23, i.e., firms owned and controlled by
minorities; firms owned and controlled by women and firms owned and controlled by
financially disadvantaged persons; shall have the maximum opportunity to
participate in the performance of leases as defined in 49 CFR Section 23.5.
Consequently, this Lease is subject to 49 CFR Part 23 as applicable.
LESSEE hereby assures that no person shall be excluded from participation in,
denied the benefits of or otherwise discriminated against in connection with the
award and performance of any contract, including leases, covered by 49 CFR Part
23 on the grounds of race, color, national origin or sex.
LESSEE hereby assures that it will include the above clauses in all sub - leases and
cause sub - lessees to similarly include clauses in further sub - leases.
25. NON- WAIVER:
The failure by one party to require performance of any provision of this
Agreement shall not affect that party's right to require performance at any time
thereafter, nor shall a waiver of any breach or default of this Agreement
constitute a waiver of any subsequent breach or default or a waiver of the
provision itself.
26. INTEGRATION:
This document embodies the entire Agreement between the parties with respect to
the subject matter herein contained. No amendments or modifications hereof shall
be enforceable unless in writing, signed by the party to be charged.
Time is of the essence of this entire Lease.
YAT:LEASE KIM2011 page 10 of 12
LESSOR:
YAKIMA AIR TERMINAL - McALLISTER FIELD
2400 W. Washington Avenue
Yakima, Washington 98903
(509) 575 -6149 - phone
- - fax
Carl L. Repine!, AAE, Airport Manasger
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Mike Redmond signed this
instrument, on oath stated that he is authorized to execute the instrument and
acknowledged it as the Airport Manager of the Yakima Air Terminal - McAllister Field to be
the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Date — 1
` � . 0 0 T Y'a '��,
By: 1 1 /T�E' •- coonMis � y ! tl
Notary Pulpit / _ c • f. o
Appointment Expires ' // = ' o 1°G� r 9 � pr tr. n
c -
LESSEE: ' •
Su Kim and Christine Kim '�i S N1NGIG
808 N 51 Ave
Yakima, WA 98908
509 - 895 -7155
Su Kim Christine IVn
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Su and Chrisine Kim signed this
instrument, on oath stated that they were authorized to execute the instrument and
acknowledged it to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Date 3— et —
By: . ieMilr,WINFIF N . 0 K ' R '7
Notary Publi f ; ° . °' °' ' - c ° M '�0 r'1 ,,
Appointment Expires ° y
�
�ms .o
YAT:LEASE KIM2011 C �l
;3 i � � = page 11 of 12
(Add Exhibit A)
q a (
}
}
YAT:LEASE KIM2011 page 12 of 12
Exhibit " . .
To Lease Agreement between the X
\Yakima Air Termi al - McAllister Field -
and S ria' CA r-j' J ./) -e. A-122"..._ -
South 241:h Ave
Lease Effecti.e Date: / -- I d l O
N� West Washington Avenue Fenced Yard •
',''� Office - 1,183 sq. ft.
.� \ Street AI dress: • .
1816 So. 24th Avenue
�'`' �\,, H 70.0 ' l .
,',' , /, , , ,f Lawn
. / /',' / ,' ++ ; �, ; / Total land, 9,488 sq.ft. (0.22 ac.)
/7',47///w////,/,'. . . , \ ir °' �" ' ././.......:/,,,,z,„9„,/,.
. / , i
/ / / // / /
N ,/ ��',, Parking
N
. N. Airport Administration Office
7 • l
.
s � O.' i i'.O �
DO �i
t A . / A '4' 444:4 10114 .
- - - • - - ' 7 - - - - • - - - - - - - • - • I A 4 2.49.trat. • . . g. . . F . :4 /
...._. __ ._._...-._______- -- -___ -__ --- _.___ -. _- -