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Home My WebLink AboutR-2023-109 Resolution authorizing an amendment to a lease agreement with theYakima Air Terminal-McAllister Field and PocketiNet Communications, Inc. RESOLUTION NO. R-2023-109 A RESOLUTION authorizing an amendment to an Airport Lease Agreement between the City of Yakima and PocketiNet Communications, Inc. WHEREAS, the City and PocketiNet Communications entered into an Airport Lease Agreement effective September 1st, 2018 for rental of property and facilities; and WHEREAS, the parties have agreed to amend that lease for an additional term; and WHEREAS,the parties have agreed to amend that lease regarding early termination, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the attached Amendment to Airport Lease Agreement Between Yakima Air Terminal-McAllister Field/City of Yakima and PocketiNet Communications, attached hereto. ADOPTED BY THE CITY COUNCIL this 15th day of August, 2023. ‘-.A) .0 ;d _ ATTEST: "".,,uy�\ Janice Deccio, Mayor soNKlly,4 i r J,h2ziAA fr—____- li , Rosalinda Ibarra, City Clerk -< ,):., �t7iN�co AMENDMENT T0 AIRPORT LEASE AGREEMENT BETWEEN THE YAKYMA AIR TERMINAL — AWCALLISTER FIELD, CITY OF YAKI00A AND POCKETI0WET COMMUN!CATIO04S, INC. THIS AMENDMENT TO THE AIRPORT LEASE AGREEMENT is made and entered into by and between the City of Yakima, the owner and operator odYakima Air Terminal- McAllister Fie|d, hereinafter referred to for the purposes of this Amendment as the "LESSOR", and PmckeUyJet Communications, Inc., hereinafter referred to as the "LESSEE". WHEREAS. the LESSOR and the LESSEE entered into an Airport Lease Agreement effective @mptennber1m. 2O18and ~ WHEREAS, the parties have agreed to amend that lease for an additional term; and WHEREAS, the parties have agreed bo amend that lease regarding early termination; NOW, THEREFORE, in consideration of the mutual cov*nanto, pronnimen, and agreements set forth herein, it ie agreed by and between the LESSOR and LESSEE amfo(|ows.- Section 2. TERM, dated September 131, 2018. snail be supplemented with the following language: LESSEE shall have the option to extend the term by one (1)year extensions annually, to wit. September 1. 2023. through August 31. 2024. and so forth, unless otherwise terminated as provided for herein. These extensions will continue to be an option until either the LESSOR mr LESSEE decides to terminate the lease agreement. Section 19 pmrmgraphC Default, Ternminohon & Forfeituns, shall be replaced with the following language: C. If LESSEE wishes to terminate this Lease for any reason, the LESSEE shall provide a thirty day(30 days) written nnhoa to the LESSOR of their inbent to vacate the pnernina, immediately surrender the prmrninmm to the LESSOR in good condition and mypair, ordinary wear and usage excepted; and LESSEE shall remove all of LESSEE'S personal property, trade fixturea, equipment or improvements removable by prior agreement with LESSOR from the premises and shall repair any damage to the premises caused by such removal. |f LESSOR wishes to terminate this Lease for any reason, the LESSOR shall provide a thirty day (30 days) written notice to the LESSEE to vacate the premnimm, 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, trade fixtures, equipment orimprovements removable by prior agreement with LESSOR from the premises and nhmU repair any damage hm the pnmrnismo caused by such removal. Any personal property ofLESSEE, 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 oeao fit without compensation to any party. /n the event of termination before the end of the expiration of the original term or the most recent extension thereof there will b* no early termination fee for the LESSEE tupay. ' LESSOR CITY OF YAKIMA AIRPORT YAKIMA AIR TERMINAL — MCALLISTER FIELD 2406 W. Washington Avenue, Suite B Yakima, Washington 98903 (509) 575-6149—phone (509) 575-6185—fax By: Date: Robert Harrison, City Manager 0.atIO LI5Arremot• CITY CONTRACT x,i23.... P1/4 I 111 RESOLUTION NO:l< f t ATTEST: 10 By: A * */ Ro arnda Ibarra, City Clerk ‘• I INvt‘l I N,STATE OF WASHINGTON ) ss County of Yakima i certify that I know or have satisfactory evidence that Robert Harrison signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the City Manager of the City of Yakima, Washington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date // By: R PA0 • Notary Public r the. state of Washington . ••4 s Residing at: rYL.),.. - • 014F41,- • -- Appointment xpires .D- 11 ti iO 107265 ; PUBLIC 1 5 120••e iitlisio,00 LESSEE Marshall Keymer Chief Operating Officer PocketiNet Communications, Inc. 2919 Isaacs Ave Walla Walla, Washington 99362 (509) 526-5026- phone By: Date: 4g`3 ' 3 Marshall Keymer, Chie perating Officer STATE OF WASHINGTON ) Tt-Et-e-r5 ) ss County of-Walla-Wella ) I certify that I know or have satisfactory evidence that Marshall Keymer signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Chief Operating Officer, Pocket'Net Communications, Inc., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date CV. • 3 • a }33 y: .``„,gip NYtK ii r% Notary P is for the Stat of Washington ''e �oT,at e:?) ; Appointment Expires @� 1 D0Q3 s "21o1oa28" 4 G r e 74 4 01- ,64)5 l'1lliiOp WASH`r�... i 1 ot `Y ? . s `'°,.,'tea BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.J. For Meeting of:August 15, 2023 ITEM TITLE: Resolution authorizing an amendment to a lease agreement with the Yakima Air Terminal-McAllister Field and PocketiNet Communications, Inc SUBMITTED BY: Jaime Vera,Airport Operations and Maintenance Manager SUMMARY EXPLANATION: The LESSOR (Yakima Airport)and the LESSEE (PocketiNet) entered into an Airport Lease Agreement effective September 1st, 2018 and the parties have agreed to amend that lease for an additional term and have agreed to amend that lease regarding early termination if needed. ITEM BUDGETED: NA STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type D Resolution 8/8/2023 Resolution D Contract 8/9/2023 Contract 2 RESOLUTION NO. R-2023- A RESOLUTION authorizing an Amendment to Airport Lease Agreement between the City of Yakima and PocketiNet Communications, Inc. WHEREAS, the City and PocketiNet Communications entered into an Airport Lease Agreement effective September 1St, 2018 for rental of property and facilities; and WHEREAS, the parties have agreed to amend that lease for an additional term; and WHEREAS, the parties have agreed to amend that lease regarding early termination, Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the attached Amendment to Airport Lease Agreement Between Yakima Air Terminal-McAllister Field/City of Yakima and PocketiNet Communications, attached hereto. ADOPTED BY THE CITY COUNCIL this 15th day of August, 2023. ATTEST: Janice Deccio, Mayor Rosalinda Ibarra, City Clerk 3 AMENDMENT TO AIRPORT LEASE AGREEMENT BETWEEN THE YAKIMA AIR TERMINAL— MCALLISTER FIELD, CITY OF YAKIMA AND POCKETINET COMMUNICATIONS, INC. THIS AMENDMENT TO THE AIRPORT LEASE AGREEMENT is made and entered into by and between the City of Yakima, the owner and operator of Yakima Air Terminal- McAllister Field, hereinafter referred to for the purposes of this Amendment as the "LESSOR", and PocketiNet Communications, Inc., hereinafter referred to as the "LESSEE". WHEREAS, the LESSOR and the LESSEE entered into an Airport Lease Agreement effective September 1st, 2018; and WHEREAS, the parties have agreed to amend that lease for an additional term; and WHEREAS, the parties have agreed to amend that lease regarding early termination; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the LESSOR and LESSEE as follows: Section 2. TERM, dated September .1', 2018, shall be supplemented with the following language: LESSEE shall have the option to extend the term by one (1)year extensions annually, to wit, September 1, 2023, through August 31, 2024, and so forth, unless otherwise terminated as provided for herein. These extensions will continue to be an option until either the LESSOR or LESSEE decides to terminate the lease agreement. Section 19. paragraph C. Default, Termination & Forfeiture, shall be replaced with the following language: C. If LESSEE wishes to terminate this Lease for any reason, the LESSEE shall provide a thirty day (30 days) written notice to the LESSOR of their intent to vacate the premise, 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, trade fixtures, equipment or improvements removable by prior agreement with LESSOR from the premises and shall repair any damage to the premises caused by such removal. If LESSOR wishes to terminate this Lease for any reason, the LESSOR shall provide a thirty day (30 days)written notice to the LESSEE to vacate the premise, 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, trade fixtures, equipment or 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. In the event of termination before the end of the expiration of the original term or the most recent extension thereof, there will be no early termination fee for the LESSEE to pay. 4 LESSOR CITY OF YAKIMA AIRPORT YAKIMA AIR TERMINAL— MCALLISTER FIELD 2406 W. Washington Avenue, Suite B Yakima, Washington 98903 (509) 575-6149— phone (509) 575-6185—fax By: Date: Robert Harrison, City Manager ATTEST: By: Rosalinda Ibarra, City Clerk STATE OF W A SHINGTON ) ss County of Yakima ) I certify that I know or have satisfactory evidence that Robert Harrison signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the City Manager of the City of Yakima, Washington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date By: Notary Public for the State of Washington Residing at: Appointment Expires 5 LESSEE Marshal! Keyser Chief Operating Officer PocketiNet Communications, Inc. 2919 Isaacs Ave Walla Walla, Washington 99362 (509) 526-5026 - phone 14 By: Date: g 3 ‘p2-42 Marshall Keymer, Chie Operating Officer STATE OF WASHINGTON ) S2-0-ex-son ) ss County of-Wage-Walla ) l certify that I know or have satisfactory evidence that Marshall Keymer signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Chief Operating Officer, PocketiNet Communications, Inc., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date 0 3 • 01�0?3 y: /C .�`,..‘•\\NY 1111$1rrr Notary P is for the Stat of Washington r ?oT k\t<41 � Appointment Expires & -�} e a&43 far2101092e:1; c,1180 9 'h3 0 - FJa yVASo�G`�