HomeMy WebLinkAboutEugene O'Dell dba O'Dell Enterprises - Amendment #2 to Lease AgreementAMENDMENT #2 TO LEASE AGREEMENT
This agreement is an amendment to the April 27, 1995 lease agreement between the City of
Yakima ("the City") and Eugene O'Dell, d/b/a, O'Dell Enterprises (collectively, "O'Dell"),
including all attachments thereto and Amendment #1 executed April 27, 2000 (hereafter,
collectively, the "lease"). This agreement shall be effective upon the date of last signature.
WHEREAS, the current term of the lease is month -to -month; and
WHEREAS, the City on January 24, 2023 served O'Dell with a Notice to Terminate
Lease and Quit Premises effective 11:59 p.m. on May 31, 2023;
WHEREAS, the parties agree to instead terminate the lease on June 30, 2023 at 11:59
p.m.; now, therefore,
In consideration of the promises contained herein, the parties agree:
1. The lease shall terminate by operation of law, with no further notice required, on June
30, 2023 at 11:59 p.m.
2. The Notice to Terminate Lease and Quit Premises served on January 24, 2023 is
rescinded.
3. O'Dell agrees to vacate the premises that are the subject of the lease on or before the
above termination date, otherwise, eviction proceedings may be initiated immediately.
4. Except as expressly amended by this document, all terms of the lease shall remain in full
force and effect.
CITY OF YAKIMA
By
Bob Harrison, City Manager
CITY CONTRACT NO:
RESOLUTION NO:
Z.* :
LESSEE
Date:
.40**
41,111tAi
OTAR
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witnessed FPf9C/LL (%7LC sign the attached documented titled,
(Print Name)
AMENDMENT #2 TO LEASE AGREEMENT, on 5.12.0„,
NO Y P
Residing At:
My Commission Expires:
Print Name:
e, , witnessed
(Print Name)
AMENDMENT #2 TO LEASE AGREEMENT, on
IN AND FOR THE STATE OF WASHINGTON,
(Print Name)
NOTARY PUBLrIN AND F R THE STATE OF WASHINGTON,
Residing At:
My Commission Expires:
Print Name:
sign the attached documented titled,
`
`
LEASE AGREEMENT
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THIS AGREEMENT, executed th|o »�/ ''day of 1B9�, between the YAK|K4A AIR
TERMINAL BOARD, an agency of the City of Yakima and County ofYakima, Washington, hereinafter
referred to as "LESSOR'" and Eugene O'Dell, dbm O'Dell Enterprises hereinafter referred to ea
W|TNESETH:
WHEREAS' LESSOR owns approved property available for lease as provided by this Agreement, and
LESSEE desires to occupy and use such property in accordance with this Agreement,
NOW THEREFORE' /n 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 hire and take
from LESSOR, certain property in the City of Yakima, Yakima County, Washington, as
that property imdepicted onthe drawing marked Exhihit^A"' Section "2^' attached
horntc, and by this reference mode a part hereof, together With the right of ingress to
and egress from the [eased premises over and across common public access vvayo.
The above described premises together with lessee of Section "1" ena subject to:
1. aneasement for ingress and egress identified asEASEMENT onExhibit
2. on easement for.thoYakima Air Terminal and its agents, invitees or
uontnactpremises.',across the premises.
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2. TER8N- '
ThetonancynroatodbythimAgreernontuhoUoornnmenoeonK4a1'1905mndtenn>nate
on April 30' /996. This /eono egnaennnnt snax automatically nanovv annually, through
April 30, 2000' unless vvMttexn notice is received by either party of intent mtenninate
the Agreement phortoJanuary 31 of each year'.
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3. RENTAL: ' '` ��/
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^x. ������pponnmooenUagroeeYo�eynantr|mnLESSORmtthe rate nf$72E723per *hth
for the leased premises, made in advance on or before the 1 Oth day of the each month.-1--/-
Payments shall be made to the 'Yakima Air.Terminal in care ofthe Airp, ort Manager' ss-/-(
office. Any rental payment past due shall accrue o delinquency charge of eighteen
percent 08Y6) pnrannum.
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B. The monthly rant shall be recalculated by LESSOR on thaannuo{ anniversary of this,
Agreement, The Second Half of the Year United States Bureau of Labnr Statistics
Consumer Price Index for all Urban Consumers (Spotde'EvniettArea) shall he used to
calculate the increase ofmonthly rent Atthe time of renewal, rent shall be increased
the same amount as thoConaumnnr Prize Index may have increased compared to the
Consumer Price Index from the date nfthe previous inoroaoe. The rent shall not be
decreased in the event of a decrease in the Consumer Price Index.
Y4K|MA AIR TERMINAL
24OOWest Washington Ave. ` Yakima, Washington BBBQ] ~ [509]575-6149 ^[5O3]575-61B5Fax
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4. SBC080FY DEPOSIT: `
Befuraoccupymgorusingthe|oasedpremben,LESSEEohoUdnpoobvvhtLESSOQtho
amount of one month's rent plus leasehold tax as a guarantee of LESSEE's performance
of this Agreement and the timely payment of the rental provided for herein; and inthe
event LESSEE shall fail topay the rental as provided herein, orotherwise breach this
Agreement, then the Airport Manager may apply such deposit, or any part thereof as
may be necessary to the payment of ranta|:ortb the payment of dmnoagmoJor such
G. TAXES AND LIENS:
inaddition tothe rental reserved inSection 3ofthis Agreement, LESSEEprumismsand
agrees to pay, as the oorno b000nno duoand payable, all |ioonae'm/ fees and taxes,
including but not limited to the leasehold excise (R.C.VV. 81.29A)' required to be paid
hyLESSEE byreason ofthis Lease and by reason ofLESSEE'ouse and occupancy of
the |aauod premises and by reason of LESSEE'u construction or ownership of
improvements to the leased premises. LESSEE shall neither suffer nor permit the
attachment ofany lien orother encumbrance on the leased prmnnionn byre/son of
LESSEE'm occupancy thereof, LESSEE agrees to indemnify LESSOR and nheU hold.
LESSOR harmless from any such taxes and liens.
6. USE.
LESSEE promises and agrees to usethe kmand premises solely for operations
acceptable to LESSOR. Such use shall include aircraft storage, Tho'une ofthe
property for purposes not expressly approved by LESSOR shall be deemed a nnotorio|
breach of this Agreement constituting grounds for its termination.
7. UTILITIES/JANITORIAL SERVICES: '
LESSEE shall pay for electrical power (as determined from the area's electrical meter)
and ahoU be responsible for any other utility services, including but hot limited to,
natural gas, water, sewer, and garbage service. LESSEE shall boinvoiced monthly for
the prior nnnnth's ohyuthca| usage and such amounts shall be dub and payable
immediately. LESSEE shall furnish all janitorial services atLES3EE'aexpense.
8. YAJKIK0A AIR FAIR,
LESSEE acknowledges that it may be necessary to curtail some operations during the
exercise ofthe Yakima Air Fair License. LESSEE understands that LESSEE' .bmsineaa
may be interrupted during these dates and will not deem this interruption as a breach
ofcontract by LESSOR.
9. STRUCTURAL CONDITION:
LESSEE has made afull inspection of the property, is fully aware of its condition,
accepts the property on "AS -IS" basis and agrees to pay for any necessary boik6.
repairs and/or modifications necessary to the operation of LESSEE's business.
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A. Special Notice: /naddition tuthe above, LESSOR gives specific notice ofthe following
a. LESSEE understands availability ofelectricity iolimited and there isnot
on immediate water supply,
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YAKiMA A/RTEHM!NAL
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18. MAINTENANCE:
LESSEE agrees to keep and maintain the premises in at least as good a condition as the
condition of the premises at the beginning of LES3EE'a occupancy, normal wear and
tear excepted. LESSEE agrees to do all redecorating, alterations, upkeep, repair and
replacement of the leased premises and facilities therein at LESSEE's own expense;
subject, however, to the Airport Manager's written approval as to any redecoration or
alteration, which approval shall not be unreasonably withheld.
11. IMPROVEMENTS: �
All trade fixtures and improvements byLESSEE tothe leased property shaUconformto
the applicable construction codes, and LESSEE shall procure ail building and other
permits therefore. All such trade fixtures and irn ' emantmahaU be designed with
view toward aesthetic considerations and installation nhoU not commence until plans
and specifications therefore have been submitted to and approved by the Airport
Manager inwriting, which approval shall not beunreasonably withheld, LESSEE further
agrees that LESSEE will maintain in good operating condition all trade fixtures and
improvements during its occupancy of the premises under this Agreement. Atthe
termination of the Lease, for any cause, the improvementsahaU' at no cost, became
the property of the Yakima Air Terminal, except LESSEE aha||,prior tnthe expiration
of this Agreement, remove any trade fixtures and shall repair, to the satisfaction ofthe
Airport Manager, any damage t# the premises caused by ,omnnvnl of the trade fixtures.
12. REGULATIONS.
LESSEE agrees to comply. with all laws, ordinances, rules, rogu|atiommmnd policies
applicable to the use and operation of Yakima Air Terminal property, facilities and
operations as those laws, ordinances, rules, regulations and policies now exist or may
hereafter become effective onootnapply 10the occupancy and use byLESSEE ofthe
leased propertyand the conduct of LESSEPs operations thereon or therefrom..
13. SUBLETTING/ASSIGNMENT: '
LESSEE shall not assign this Agreement or sublease any part of the Premises without
the prior written approval of LESSOR' such approval not to be unreasonably withheld.
All assignments and subleases shall conform with all applicable lawsi ordinances, rules,
nsgu|odona and policies which now exist nrmay hereafter become effective uoaato
apply to the occupancy.and use of the leased premises and the conduct of business
thereon ortherefrom. Aconsent noassignment orsub-leasing byLESSOR shall not be
construed to be a consent toany subsequent assignment ornub'|om/e. Any income
derived from sub -leasing shall be distributed toLESSOR 1naccordnnoe.vvith its policy
on SUB -LEASING INCOME in effect on theeffective date of this agreement. Should.
LESSEE exercise any renewal option, income derived from sub -leasing in the nanexva|
term shall be distributed to LESSOR in accordance with its policy on SUB -LEASING
INCOME in effect atthe time of renewal. LESSEE hereby assumes an affirmative duty
atthe time of renewal to inquire as to what policy on sub -leasing income is in effect
atthat time, All sub -leases will comply with all |axvo, ordinances, rulmu'n»gu|aiunsend
policies applicable tothe use and operation nfYakima Air Terminal pno|o ,fac||hieo
and operations no those |evvs, ordinances, rules, regulations and po|ioiao now exist or
may hereafter become effective so as to apply to the occupancy and use by any.SUB-
LESSEE of the leased property and the conduct of SUB-LE3SEE'o operations thereon
or therefrom.
Richardson r*"ng"� 3
YAK|NK\AIR TERMINAL `
24O0West Washington Ave. ~ Yakima, Washington 98903 ^ O509}57546149 . (9)575-6185Fax '
14. SIGNS:
No signs or other advertising matter ordevices ohm|| be used ordisplayed inorabout
the |nmmad premises or upon any portion of the Yakima Air Terminal without the prior
written approval pfthe Airport Manager.
15. MISCELLANEOUS PROVISIONS: `
A. The parties agree that LESSOR through its A4 orty0anaoar,nrotherparaonauthorized
by either party, may enter upon the leased property etany nsanoneh|etime to make
such inspections, as LESSOR may deem expedient to the proper enforcement of any
term, provision or condition of this Agreement; provided, no such entry and inspection '
by LESSOR is required by this Agreement, and the failure of LESSOR to enter and rna ke
inspection nhnU not alter the relationship of the parties and their respective rights and
duties provided by this Agreement.
B. LESSOR may, within it discretion, further develop or improve Yakima Air Terminal
property and facilities, rngenj|eos ofthe desire or views of LESSEE regarding
' any such
development or improvement, and without interference orhindrance onthe part of �
LESSEE and without liability to LESSEE.
C. LESSOR reserves the right, but shall not bmobligated tnLESSEE, tomaintain 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 deemed naoossa,/ ordesirable by
LESSOR to protect the aerial approaches of the Airport against obstruction, together
with the right to prevent LESSEE from erecting, or permitting to be erected,any
building or other structure on the Yakima Air Terminal which, in the opinion,of the
Airport Manager, would limit the usefulness of the Yakima Air Tmrniina| u, constitute
a hazard to aircraft,
E. During the time of war or national emergency, LESSOR shall have the right to lease the
landing area or any part thereof to the United States Government for military use, and,
if any such lease is executed, the provisions nfthis Agreement shall be suspended
insofar as they are inconsistent with theprovisions of the Lease Agreement vviththe
United States Government,
F. This Agreement shall be subordinate to the provisions of any existing or future
Agreement hotvveon LESSOR and United States of Anmoriom relative to the operation or
maintenance nfthe Yakima Air Ternnino| the execution b . y e
required an n condition precedent to the expenditure of federal funds for the
development of the Yakima Air Terminal, and is further subordinate to applicable rights
of eminent domain.
16. INDEMNITY/DUTY T0DEFEND: `
A. At no expense to LESSOR' LESSEE shall defend against and indemnifyfu||y and save
hnmn|oms the YaMno& Air Terminal Board, the Yakima Air Terminal, 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 Yakima Air Terminal Board orthe Yakima Air Terminal orthe 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
m"ha"ds" rx"ng"rs 4
YAKIMAAIR TERMINAL
24OOWest Washington Ave. ^ Yakima, Washington 98903 ^ (5091575-6149 ~ (509) 7 � 185Fex
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premises by LESSEE or from any act or omission of LESSEE, its emp|nyomm' agents or
any other person acting on behalf of LESSEE or under its direction, whether such claim
nhmU be byLESSEE o,athird party; provided, how/ever' that LESSEE shall not ||ab}a
for any injury, damage or loss occasioned soiely by the sole negligence of LESSOR, its
agents oremployees. LESSOR shall give toLESSEE prompt and reasonable notice nf
any such claims Dractions and LESSEE shall have the right to investigate, compromise
and defend the nnnno to the extent of its interest. LESSEE shall file with LESSOR a
certificate ofinsurance, orother proof ofinsurance acceptable tuLESSOR'evidenning
aninsurance policy with the Yakima Air Terminal Board, City ofYakima and County of
Yakima as additional named insureds providing comprehensive liability insurance
coverage |namounts nfnot less than $1,0UO,OOOCombined Single Limit for personal
injury and property damage covering LEGSEE'o occupancy ofand dotivit'es pa. aining
to the leased premises, IfLESSEE store's airzraft.)nthe hanger(s)'then onaddit|pna!
certificate ofinsurance shall besupplied forHongarKeapons Liability insurance inon'
amount acceptable byLESSOR. Not less than 30days written notice must bemupp/i/d
to LESSOR in the event ofcancellation, material change tnthe policy ornpnfenevva|
nfany orall policies. Certificate shall be issued bycwrher(o)with a minimum A.M.
BEST rating ofA,VUwhich are admitted lntheState of Washington and acceptable to�
LESSOR,
B. LESSEE agrees to reimburse LESSOR for any damage tothe premises caused by the
occupancy of LESSEE or employees of LESSEE, in the performance of theirduties.
C. LESSEE shall keep and hold the Yakima 4h7ernmhml Board, the Yakima Air Tomninm|'
the City ofYakima and County ofYakima, 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
dafenoothoroof, resulting from, arising out of, or caused by'any|iabU|ty under the.
Federal Comprehensive Environmental Response Compensation Liability Act of1980,�
on amended, 42U.8.C. 9001 etoeq.; Hazardous Materials Transportation Ant 48
U.S.C. 1801 et seq.; Resource Conservation and Recovery Act, 42'U.S.C.8901 et
seq.; the Clean Water 42U.S.C. 1251 et seq.; the Washington Environmental
Policy Act, RCVVCh. 4321C;the Washington Water Pollution Control Act, RCVy(Ch.
90.48.010 et noq.;the Washington Hazardous VVnsta Management Act, RC\�Ch.
70.105; the Washington Model Toxic Control 'RCVV Ch. 70.105[\and the
regulations promulgated thurnunder, or under any applicable local or state
environmental ordinance, statute law, rule or regulation.
D. LESSOR will hold LESSEE harmless from every dakn of any nature, resulting from the
toxic nhmnmiom| contamination of the property as further described by State of
Washington Department mfEcology Agreed Order No. DE91TC'C455.
17, DEFAULT/
A. It is agreed that the full and prompt performance of the terms and condit , ions of this
Agreement is of the essence, and shall LESSEE be in default of any of the same and
such default has continued for thirty (30) days after written notice (except three(3)
days notice for default in payment or nmn1) by LESSOR setting forth the particular
default claimed, this Agreement shall at the option Of LESSOR, be forfeited and in such
event it is expressly agreed that LESSOR may enforce such forfeiture pursuant to the
unlawful detainer statutes of the State of Washington, and, LESSEE hereby waives all
defenses as to the non -applicability of such statutes. It is further agreed that after
service of notices as above set forth, an additional condition to avoid forfeiture shall
5
YAK|K44AIR TERMINAL
2400West Washington Ave. ~ Yakima, Washington BB803(509)575-8148~ (509) 575-6185Fax `
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be payment by LESSEE of LESSOR's costs and expenses, including attorney's fees,for
the preparation and service of such notice. Nothing oontminodhanein shall release or
diminish LESSEE'oobligation topay rent for the full term ofthis Agreement save such
amount as LESSOR recovers as rent from any subsequent LESSEE during the term of
this Agreement,
B. As additional and not alternative remedy, optional with LESSOR, should LESSEE be in
default hereunder other than default in the payment ofrent, LESSOR may cure or
correct the same and the cost of such action by LESSOR shall immediately become due
and payable from LESSEE' together with late fees on said sum at m rate of eighteen
percent (18Y6)per onnurn' and the non-payment of said sum by LESSEE shall be
adequate grounds for LESSOR to invoke the other remedies as provided i this
�rox n n
18. TERMINATION AND FORFEITURE:
A. The failure by LESSEE to pay rental in the amounts and at the tinnou specified herein,
orthe failure by LESSEE tootherwise comply with any term, provision or condition of
this Agreement, shall constitute grounds for termination ofthis Agreement and. the
tenancy hereby created and forfeiture of all rental paid by LESSEE to the time of
term/notion. This Agreement and tenancy mhmU terminate. and rental paid shall be
forfeited for cause as specified above on written notice by LESSOR to LESSEE stating
the amount ofrental in default or otherwise stating the nnanno, inwhich, LESSEE fails
or has failed to comply with this Agreement. LESSEE shall make full payment or
otherwise comply with this Agreement inthe manner specified in the notice within
rn/oy (30) days from LEuuEE'o nynm/pt of such no1|oo (except three (3)days notice, for
default in payment of rent), otherwise this Agreement and tenancy shall be terminated
and rental forfeited. Such notice shall be given in writing and personally served on
LESSEE in the manner provided by |avvfor service of summons and complaint, or
nna||od by certified mail with return receipt requested addressed to LESSEE at its
address stated above LE55EE'usignature tothis Agreement. LE8SFE'sobligation 'tn
pay the remainder of rents due hereunder shall abate only t#tho extent rental income
is received from a succeeding tenant, if at all.
0. Upon termination of this Agreement, LESSEE ohaU ucsb . and quietly vacate all
parts of the premises occupied byLESSEE and whmU restore the premises to LESSOR
in the same condition as when originally occupied, normal wear and tear excepted. If
LESSEE fails to remove its property andeffects upon the termination of this Agreement
for any cause, LESSOR shall have the right tmnanmoxe_nndstore all ofsaid property and
effects at the expense of LESSEE.
19. INSOLVENCY:
|nthe event LESSEE iadeclared bankrupt byo courtofoompe1antjudodictioncxinthe
event LESSEE makes on assignment for the benefit of uradhurm' or if e receiver
otherwise is appointed for LESSEE, or in the event LESSEE'o|easeho|d estate is
subjected to execution to satisfy any judgement against LESSEE' then in that event
LESSOR may immediately oratanytime thereafter without notice ordennnnden 'rin10
and upon the property orany part thereof and repossess the same and expel LESSEE
or any person upon the property and remove their effects, and thereupon this
Agreement and the tenancy hereby created shall absolutely terminate, but without
prejudice to any remedies which might otherwise be available to LESSOR for collection.
of past due or future rent for any breach by LES , SEE of any covenants contained in this .
Richardson T-Hangers
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YAK|NkAAIR TERMINAL '
24C0West Washington Ave. ^ Yakima, Washington BBQO3 ^ (509)575-614B,(5O8)575-61B5Fax
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20. VENUE, ATTORNEY FEES:
In the event of litigation to enforce the rights and obligations hereunder, venue shall fie
in 9mWmm County Superior Court and the prevailing party shall be entitled to its
reasonable attorney fees inaddition tncourt costs.
21. NON -DISCRUM|NATION CLAUSE: �
|nthe event LESSEE engages in service tothe public in its business conducted on or
from the leased premises, LESSEE agrees and promises to furnish such services to the
public onmfair'
equal and not unjustly discriminatory basis tueUusers thereof, and to
charge fair, reaoonaWeand not unjustly discriminatory prices for eouhunit ofservice,
provided, that LESSEE may be allowed tomake reasonable and nondiscriminatory
discounts, rebates or other similar types of price reductions tovolume purchasers of
LESSEE'anerv|rea. LESSEE further promises and agrees that i1will not`onthe grounds
of race, color or national origin, discriminate or permit discrimination against any person
or group of persons in any manner prohibited byfederal |ovv and nogu/atio.o. LESSEE's
breach of any promise or agreement contained in this Section shall constitute grounds
for the termination of thioAAnaonmont' and in addition thereto, LESSOR shall have the
right to take such other remedial action as the United States Government may direct.
22. CIVIL RIGHTS PROVISION: .
LESSEE assures that itwill comply with pertinentmtatuteo' Executive Orders and such
rules as are promulgated toassure that nn person shall, nnthe grounds of race, creed,
color, national origin, sax, ago, or handicap be excluded from norbci tiin any
activity conducted with nrbenefiting from Federal assistance. This Provision obligates
LESSEE nrits transferee for the period during which Federal assistance imextended
'to
the airport program, except where Foderm}:000intanneiutoprovide, ori'inthoform wf
personal property or real property y or interest therein or structures o, im
provements
thereon. In these rmsao' the provision obligates the party orany transferee for. the
longer of the following periods:
A. the period during which the property is used by the sponsor or any transferee for a
purpose for which Federal assistance isextended, urfor another purpose involving the
provision of similar services or benefits; or
B. the period during which the airport sponsor or any transferee retains ownership or
possession of the property. In the case of contractors, thio Proximimhbindotha
contractors from hid solicitation period through the completion of the contract.
23. DEPARTMENT OF TRANSPORTATION TITLE V1ASSU0ANCES: '
LESSEE for himself, personal representatives, successors in interest, and assigns, as a part of
the consideration hereof, does hereby covenant and agree anocovenant running with the land,
A. no person on the grounds of race, color, or national origin shall boexcluded from
participation in, denied the benefits of, orbeotherwise subjected todiscrimination in
the use of said facilities,
Richardson T-Hangars
that in the construction of any improvements on, over, or under such land and the
furnishing of services thereon, no person on 1hngrounds of race, onln` or national
origin ahoU be excluded from participation in, denied the benefits of, or otherwise be.
subjected to discrimination,
Y4K|MAAIR TERMINAL
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C. that LESSEE shall use the premises incompliance with all other requirements imposed
by or pursuant to 40 CFR Port 21' Nondiscrimination in Federally Assisted Pnognmnnu
of the Department of Transportation, and as said Regulation may be amended.
24. INTEGRATION:
This document embodies the entire Agreement of the parties With
' respect, to the
subject matter herein containad. No amendments or modifications hereof shall be
enforceable unless in vvhting, signed by the party to be charged.
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YAK}MAAIR TERMINAL
24OOWest Washington Ave. ^ Yakima, Washington BBBO3^ [5091575-6149` [ 09}575-6185Fex
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Time is of the essence of this entire Agreeme
YAKIMA AIR TERMINAL BOARD
2400 W. Washington Avenue
Yakima, Washington 98903
50 -575-6149
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Dennis Byam and Helga B. Braman signed this
instrument, on oath stated that they were authorized to execute the instrument and acknowledged it
as the Chairman and the Secretary respectively of the Yakima Air Terminal Board to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Date
By:
Notary Pub-ic..-7.
Appointment Expires
7 -
LESSEE: Eugene O'Dell, dba O'Dell Enterprises
ADDRESS: 2106 West Washington Avenue #4
Yakima, Washington 98903
TELEPHONE: 509-453-2685
SIGNATURE:
Title:
DATE:
Mchardson T-Hangers 9
YAKIMA AIR TERMINAL
2400 West Washington Ave. Yakima, Washington 98903 (509) 575-6149 • [509) 575-6185 Fax
0000058
645'
e
Orrin
Approx. 62.5 x 70'
Sec, on
Approx. 65,300 Sq..FL
(Taxiway "C" Safety Area).
Taxiway
466'
310'
T — Hangar, Approx 227' x 27.5'
Section 2
Approx 71,25Q SQ. Ft.
T — Hangar, Approx
e c on
rope ml
10.0 feet (fence 'to edge
of leased property)
p944-0.4"`"
44,
Exhibit "A"
202'. ' ems.:
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Ie..va se,,..fproperty
AMENDMENT #1 - LEASE AGREEMENT
EUGENE O'DELL
T HANGARS
THIS AMENDMENT, executed this }1-' day of , 2000, between the YAKIMA
AIR TERMINAL - McALLISTER FIELD, an agencff the City of Yakima and County of
Yakima, Washington, hereinafter referred to as "LESSOR," and EUGENE O'DELL, a single
man, hereinafter referred to as "LESSEE":
WITNESETH:
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, July 1, 1982, hereinafter referred to as "Airport," and
WHEREAS, the Yakima Air Terminal - McAllister Field, as LESSOR and Eugene O'dell.,
as LESSEE, entered into a Lease effective May 1, 1995, and
WHEREAS, LESSOR has determined it to be in the best interests of the Airport to modify
the following Sections of this Lease:
2. TERM
3. RENT
NOW THEREFORE, in consideration of the mutual promises contained herein and the
benefit to be derived by each party, the parties agree that Sections 2 and 3 are amended
as follows:
2. TERM:
Effective May 1, 2000 the Lease will continue on a month -to -month basis until terminated
by either party, unless otherwise terminated as provided for herein.
RENT: 0) 4
oaso
.37.r
LESSEE promises and agrees to pay rent to LESSOR at the rate of S 8,16.04 per month
for the leased premises, made in advance on or before the 10th day of each month.
Payments shall be made to the Yakima Air Terminal - McAllister Field in care of the Airport
Filename: LeaselOdell\OdelT95#1
LESSOR:
YAKIMA AIR TERMINAL - McALLISTER FIELD
2400 W. Washington Avenue
Yakima, Washington 98903
(509) 575-6149 - phone
(509) 575-6185 - fax
Greg
Fr lraola, S. cretary
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Gregory P. Berndt and Fred lraola
signed this instrument, on oath stated that they were authorized to execute the instrument
and acknowledged it as the Chairman and the Secretary respectively of the Board 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.
Pu
Appointment Exp
Filename: Lease\Odell\OdelT95#1
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LESSEE:
Eugene O'dell
2106 W Washington Ave, #4
Yakima, Washington 98903
(509) 453-2685 Hangar
(509) 697-1770 Pager
Eugene 0'
STATE OF WASHINGTON
County of Yakima
Date X—
I certify that I know or have satisfactory evidence that Eugene Odell signed this instrument
and acknowledged it to be his free and voluntary act for the uses and purposes mentioned
in the instrument.
Date:
By:
Notary
Appoin
11 0
(9-,(
ublic
ment Expires
Filename: LeaselOdell\OdelT95#1