HomeMy WebLinkAboutR-2015-074 Yakima Air Terminal Property Lease Agreement with H. E. MaggardA RESOLUTION
RESOLUTION NO. R-2015-074
authorizing the City Manager to execute Lease Agreement with H E. Maggard for
parcel of property located on northwest corner of intersection of South 24th
Avenue and West Washington Avenue, Yakima Air Terminal property.
WHEREAS, City owns and operates Yakima Air Terminal in accordance with applicable
Federal, State and Local regulations; and
WHEREAS, the airport has land available for lease within parcel number 181335-24018 which
is located on the Northwest corner of 24th Avenue and West Washington Avenue; and
WHEREAS, the City of Yakima and H E Maggard, an individual, have negotiated a lease of a
portion of such parcel, which includes a license to occupy the remaining portion of such parcel in
consideration of lessee's obligation to install and maintain landscaping and irrigation improvements
upon and within the parcel, all of which is set forth in the "Airport Land Lease Agreement" attached
hereto as Exhibit "A" and incorporated herein by this reference, and
WHEREAS, the City Council has determined that approval of such lease agreement is in the
best interests of residents of the City of Yakima, and will promote the purposes of the Yakima Air
Terminal and the general health, safety and welfare, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute and administer the attached and incorporated Airport
Land Lease Agreement with H E Maggard, which lease agreement is attached hereto and incorporated
herein.
ADOPTED BY THE CITY COUNCIL this 2nd day of June, 2015
ATTEST.
ony. laar Tee, City Clerk
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Micah Cawley, M . yor
AIRPORT LAND LEASE AGREEMENT
WITH H. E. `JERRY' MAGGARD
THIS LEASE, executed this r.�' . day of AP/10. , 2015, between the YAKIMA
AIR TERMINAL — McALLISTER FIELD, a department of the City of Yakima, a
Washington municipal corporation, hereinafter referred to as "LESSOR," and H. E.
'JERRY' MAGGARD, a .Q('r,1. 11.1'r1hMl, hereinafter referred to as 'LESSEE':
I J
WITNESETH:
WHEREAS, LESSOR operates the Yakima Air Terminal — McAllister Field, a
department of the City of Yakima; and
WHEREAS, LESSOR has airport property available for lease as identified in the terms
of 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 4,200 sq ft 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. The LESSOR may, at
any time hereafter, provide a legal description of the premises and such
description shall become a part of this Lease.
If, for any reason, it is found that the lease description of the property is in error
the airport will write a new lease description for the property that insures that the
leased property description is accurately identified.
2. TERM:
The tenancy created by this Lease shall commence on June 2, 2015 and
terminate on May 31, 2020, unless otherwise terminated as provided for herein.
The term of this Lease may be extended by one additional five (5) year term (to
wit, June 1, 2020 to May 31, 2025), subject to the termination provisions of the
lease, upon LESSEE's written request for extension provided to LESSOR in
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writing no Tess than thirty (30) days before the contract termination date set forth
herein.
3. RENT:
A. LESSEE promises and agrees to pay rent to LESSOR at the rate of $
0.20 per square foot annually for the leased premises, paid in advance on the
first day of the leasehold occupancy and on each anniversary thereof for the term
of the lease, and as said lease may be extended as provided herein. Payments
shall be made to the City of Yakima Finance Department, identifying the lease
contract number on each payment submittal. Any rental payment past due shall
accrue a delinquency charge of twelve percent (12%) per annum until paid in full.
B. The lease rental rate as provided for above shall be subject to review and
modification on the anniversary date of this Lease and shall be set at the then
current prevailing Aviation Rate.
4. ARBITRATION SECTION
In the event the parties are unable to agree upon the fair market rental rate for
the succeeding periods, upon written notice of either party to the other, but no
later than thirty (30) days prior to the expiration of the then current rental period,
the establishment of fair market rental shall be referred to arbitration. Within
thirty (30) days of such notice, each party shall select one arbitrator. The two
arbitrators shall jointly select a third arbitrator who shall be a real estate broker
with at least five (5) years' experience in sales or leases of commercial property
in the Yakima Valley. The decision of a majority of the arbitrators as to the fair
market rental value for the property shall be made within forty-five (45) days of
said written notice and shall be binding. Each of the parties shall bear the cost of
its designated arbitrator. The parties shall share equally the expense of the third
arbitrator. The arbitration decision shall be binding upon both parties and shall
be enforceable in accordance with the laws of the State of Washington. The
arbitrator's decision shall relate back to the beginning of the new rental period.
5. DEPOSIT:
Upon execution of this lease by both parties, LESSEE shall deposit with
LESSOR the amount of one month's rent, together with applicable 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 the lease debt then owing or to the payment of damages for such
breach, or may pursue any other remedies provided herein. This deposit amount
shall be maintained by LESSEE at all times during the lease term, and may be
adjusted from time to time to reflect adjustments in the rent and/or leasehold tax.
Maggard Land Lease Page 2
6. TAXES AND LIENS:
In addition to the rent payable above, LESSEE promises and agrees to pay, as
the same shall 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.
7. USE:
LESSEE agrees to use the leased premises only for an aeronautical oriented
activity or for any other use allowed by the Master Plan and the zoning of the
property by the appropriate jurisdiction, as approved by the LESSOR. LESSEE
and LESSOR agree that LESSEE shall improve the subject lease property with
attractive landscaping, to include irrigation necessary to maintain the healthy
condition thereof. LESSEE agrees to maintain the landscaping with all
necessary mowing, trimming, fertilizing, clearing and attention necessary to make
the lease property presentable at all times. LESSEE further agrees to extend the
landscaping, irrigation and maintenance required for the leasehold property to
the remainder of the parcel of which the leasehold is a part (approximately 4,200
additional square feet) for the duration of the lease term. In consideration of this
agreement to extend the landscaping to the entire parcel LESSOR agrees to
remove the existing structure and asphalt from the parcel to permit the
landscaping identified herein. The use of the property for any other purpose shall
be deemed a material breach of this Lease constituting grounds for its
termination. This provision shall apply to 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, or to immediately terminate the
lease.
8. UTILITIES:
LESSEE shall be responsible for all utility services including, but not limited to,
power, natural gas, water, sewer, irrigation and garbage.
9. 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 meet and maintain the use of the lease premises
identified herein.
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10. MAINTENANCE:
LAND LESSEE agrees to keep and maintain the premises in good and attractive
condition. LESSEE further agrees that LESSEE shall be responsible to maintain
all leased areas and improvements in an attractive and usable manner as
determined by the Airport Manager. Maintenance shall include the requirements
stated in paragraph 7, together with general weed control, garbage and debris
removal and snow removal as necessary to provide safe pedestrian passage.
11. SIGNS:
No signs or other advertising matter or devices shall be used or displayed in or
about the leased premises without the prior written approval of the Airport
Manager.
12. IMPROVEMENTS:
All improvements to the leased property by LESSEE shall conform to applicable
rules, regulations and codes, and LESSEE shall procure all required permits prior
to initiating construction. All 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. Approval of
LESSEE's improvements shall be deemed granted twenty (20) days after
submission in writing to the Airport Manager if no response has been received by
LESSEE.
LESSOR makes no representation or guarantee as to the suitability of the leased
area for landscaping purposes, and is not responsible for the costs of topsoil or
landscaping supplies and/or removal of any object found either above or below
ground level following LESSOR's removal of the existing building and asphalt
surfaces, except for hazardous materials and archaeological artifacts existing
prior to tenancy.
13. REVERSION OF IMPROVEMENTS:
Upon termination of this lease for any reason, LESSOR may, at its option, either
accept ownership of the improvements installed on the Premises, except for
trade fixtures, or require LESSEE to remove such improvements within sixty (60)
days of such termination. Such removal shall include removing foundations or
structures installed by LESSEE, utilities and other land improvements and
restoring the land to grade level. LESSOR shall notify LESSEE of its intent
within twenty (20) days of the effective termination date.
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
sixty (60) days after termination become the property of the LESSOR unless
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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, whether now existing or hereafter incurred, levied or
attached.
14. LESSOR'S OPTION TO PURCHASE:
LESSOR shall have the right of first refusal on all improvements or structures on
the demised premises as hereinafter set forth. If at any time during the term,
LESSEE shall receive a bona fide offer from a third person for the purchase of
any or all improvements or structures on the demised premises, which offer
LESSEE shall desire to accept, LESSEE shall promptly deliver to LESSOR a
copy of such offer and LESSOR may, within thirty (30) days thereafter, elect to
purchase the demised premises on the same terms as those set forth in such
offer.
If LESSOR shall not accept such offer with the time herein specified, said right of
refusal shall cease to exist, but this lease shall continue otherwise on all the
other terms, covenants, and conditions in this lease set forth.
15. 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.
16. SUBLETTING:
LESSEE shall not sublet any part of the premises without the prior written
approval of LESSOR. 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 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.
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17. ASSIGNMENT:
LESSEE shall not assign this Lease without the prior written approval of
LESSOR. Such assignment shall be in conformance with all terms of this lease,
as well as all applicable Airport, 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.
18. 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.
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.
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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.
19. INDEMNITY/DUTY TO DEFEND:
A. At no expense to LESSOR, LESSEE shall defend against and indemnify fully
and save harmless the Yakima Air Terminal - McAllister Field, the City of Yakima
and its elected and appointed officials, employees and agents, from any and all
liability, damages, suits, claims, actions, judgements or decrees, made against
the Yakima Air Terminal - McAllister Field, the City of Yakima 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.
E. 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 activities or under its control.
C. LESSEE shall keep and hold the Yakima Air Terminal - McAllister Field, the
City of Yakima and its 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
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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.
20. INSURANCE:
LESSEE shall file with LESSOR a certificate of insurance, or other proof of
insurance acceptable to LESSOR, evidencing an insurance policy with the City of
Yakima as additional insureds providing:
1. 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 limits.
Not Tess 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.
21. DAMAGE OR DESTRUCTION:
A. TENANT IMPROVEMENTS: In the event the construction in accordance
with Section 12 - IMPROVEMENTS herein, or improvements thereto, is partially
or totally damaged by fire or other casualty, the LESSEE shall repair or replace
the same at its own expense. The new improvements shall be at least the same
size, design and quality as that which existed prior to any damage or 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, LESSOR may either accept ownership
of the improvements or require LESSEE to remove the improvements and
Maggard Land Lease Page 8
restore the Premises to a condition satisfactory to the LESSOR. The insurance
proceeds shall be used for such restoration and the balance divided between the
LESSOR and LESSEE as their interest bear in accordance with a straight line
depreciation schedule. The straight line depreciation schedule shall be over the
initial term of the lease and shall begin to run on the lease effective date. The
amount so depreciated shall vest in the LESSOR. LESSOR shall notify LESSEE
of its intent within thirty (30) days of receipt of LESSEE's notification. If LESSOR
elects to have LESSEE remove the improvements, LESSEE shall have sixty (60)
days to do so.
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.
22. 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 and the cost of such action by LESSOR shall immediately
Maggard Land Lease Page 9
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 shall 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 trade
fixtures, equipment or improvements from the premises as required in
accordance with any prior written agreement with LESSOR, and shall repair any
damage to the premises caused by such removal. Any personal property and
improvements 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.
23. 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.
24. VENUE, ATTORNEY FEES:
In the event of litigation to enforce the rights and obligations hereunder, 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.
25. 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.
Maggard Land Lease Page 10
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.
26. INTEGRATION:
This document embodies the entire Lease 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.
Maggard Land Lease Page 11
LESSOR:
CITY OF YAKIMA
129 N. 2nd Street
Yakima, Washington 98901
(509) 575-6040 - phone
Tony O'R
rke, City Manager
arf coNTRACT NO. / 5' /7-2
RESOLUTION NO:
STATE OF WASHINGTON
County of Yakima
Date
I certify that I know or have satisfactory evidence that Tony O'Rourke signed this
instrument, on oath stated that he is authorized to execute the instrument and
acknowledged it as the Yakima City Manager to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Date, (0 -,
By: (*O.!V_ (!aC
Notary Public
Appointment Expires
Notary Public
State of Washington
SONYA R CLAAR TEE
MY COMMISSION EXPIRES
OCTOBER 25, 2018
Maggard Land Lease Page 12
LESSEE:
H. E. `Jerry' Maggard
421 N. 20th Ave
Yakima, WA 98901
(509) 952-1616 - Phone
STATE OF WASHINGTON
County of Yakima
Date
I certify that I know or have satisfactory evidence that H. E. `Jerry' Maggard signed this
instrument and acknowledged it to be his free and voluntary act for the uses and
purposes mentioned in the instrument.
Notary
Appoin
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Maggard Land Lease Page 13
.24th Ave
Exhibit A
Lease Agreement
Between the Yakima Air
Terminal and H.E.
Maggard.
•t
E may„
Lease Effective Date:
Approx 4,200 sq ft
West Washington
Ave
4. •.
Imagery Date:''7/9/2013 46°34'17.43" N 120°32'28.09" W elev 1070 ft `eye alt 1748 ft 0
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.D.
For Meeting of: June 2, 2015
ITEM TITLE: Resolution authorizing a lease agreement with H.E. Maggard for
property located on the northwest corner of intersection of South
24th Avenue and West Washington Avenue, Yakima Air Terminal
property
SUBMITTED BY: Robert Peterson, Airport Manager 509-575-6149
SUMMARY EXPLANATION:
The Yakima Air Terminal owns and manages a variety of properties, buildings, and land located within
the airport's property. Although the majority of the airport's property available is utilized for aeronautical
activities there's specific areas of which are leased out to tenants to further develop their businesses.
The parcel located at the Northwest corner of 24th Avenue and West Washington is adjacent to a recent
strip mall development. The property owner, Jerry Maggard, is interested in leasing land from the
airport to landscape and beautify the corner. This will provide better visibility for the adjacent business as
well as the airport's Terminal Building as passengers approach from 24th Avenue.
Resolution: X Ordinance:
Other (Specify):
Contract: X Contract Term: 5 years (option 5 year extension)
Start Date: June 2, 2015 End Date: May 31, 2020
Item Budgeted: NA Amount:
Funding Source/Fiscal Impact: Lease will provide the Yakima Air Terminal with revenues on land
which is not developed for aeronautical uses.
Strategic Priority: Partnership Development
Insurance Required? Yes
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
City Manager
RECOMMENDATION:
Airport staff recommends the City Manager and City Council approve attached lease agreement which
will be a benefit for the community and surrounding businesses.
ATTACHMENTS:
Description Upload Date Type
❑ Resolution 5/14/2015 Resolution
❑ Lease Agreement 5/13/2015 Contract
❑ ExhibitA 5/13/2015 Exhibit