HomeMy WebLinkAboutR-2023-143 Resolution authorizing an amendment assigning an airport lease agreement with James Keene to Jose Castaneda and Cecilia Valdivia RESOLUTION NO. R-2023-143
A RESOLUTION authorizing an Assignment of the Airport Lease Agreement, as Amended,
between the City of Yakima and James and T. Darlene Keene to Jose
Castaneda and Cecilia Valdivia.
WHEREAS, the City and James and T. Darlene Keene and the Keene Living Trust entered
into an Airport Lease Agreement effective September 1st, 2018, for rental of property and facilities
at Yakima Air Terminal/McAlister Field; and
WHEREAS, the tenants executed a Bill of Sale with Jose Castaneda and Cecilia Valdivia
for them to purchase the personal property and improvements, and necessarily take over the
lease agreement with the City upon which those improvements and property lie; and
WHEREAS, the City was afforded the right of first refusal, as dictated by the Lease
Agreement and chose not to exercise that right; and
WHEREAS, the tenants are required to obtain approval from the City of Yakima to
assign their lease at Yakima Air Terminal/McAlister Field to a third party; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of
the City and its residents to approve and authorize an assignment of the Airport Lease to the
new tenants; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Assignment of Airport Lease
Agreement Between Yakima Air Terminal-McAllister Field/City of Yakima and James Keene, T.
Darlene Keene and the Keene Living Trust attached hereto, assigning all interest in the Airport
Lease to Jose Castaneda and Cecilia Valdivia.
ADOPTED BY THE CITY COUNCIL this 7th day of November, 2023.
ATTEST. Janice Deccio, Mayor
1C,Ali i
Rosalinda Ibarra, City Clerk `{ -»*"
°tiSHIN�'
ASSIGNMENT
OF
AIRPORT LEASE AGREEMENT, AS AMENDED
BETWEEN
YAKIMA AIR TERMINAL-MCALLISTER FIELD, OWNED BY THE CITY OF YAKIMA
AND
JAMES KEENE
This Assignment of the Airport Lease Agreement, as Amended (hereinafter referred to
collectively as "Assignment") is entered into by and between James and T. Darlene Keene,
husband and wife, and the Keene Living Trust, (hereinafter collectively referred to as the
"Assignor") and Jose Castaneda and Jane Doe Castaneda, individually and as husband and
wife (hereinafter referred to as the "Assignee"), both of whom agree to be bound by this
Assignment of the Airport Lease Agreement between Yakima Air Terminal-McAllister Field and
the City of Yakima, and James Keene and T. Darlene Keene and the Keene Living Trust, as
amended (hereinafter referred to as the "Agreement"), in consideration of the mutual covenants
herein contained.
WHEREAS, the Assignor entered into an Agreement with the City of Yakima on or about
April 2, 2014, to lease property at the Yakima Air Terminal-McAllister Field pursuant to its terms
and conditions, which lease was amended on August 5, 2014, to amend the square footage of
the premises, and amended again on September 1, 2021, to lease a portion of the premises to
Eugene O'Dell and make other changes to the original agreement, including, but not limited to
matters of airport operations, insurance, and indemnification (hereinafter referred to collectively
as "Agreement") and
WHEREAS, the Agreement requires payment to the City of Yakima for use of the
premises as well as other obligations and duties to the City with regards to the use of the
premises and airport operations; and
WHEREAS, Assignor has executed a Bill of Sale with the Assignee and seeks approval
from the City of the assignment of the Agreement pursuant to the requirements of Section 17
thereof; and
WHEREAS, Assignee seeks to operate and maintain the premises under the same
terms and conditions as outlined in the Agreement, and
WHEREAS, the City finds the assignment of the rights, interests and obligations of the
Agreement to Assignee acceptable, now, therefore, Assignor and Assignee agree as follows:
1 Assignor and Assignee hereby agree that the Assignor shall assign all their rights
and interest, and delegate all of their obligations, responsibilities and duties found in
the Airport Lease Agreement, as Amended, to Assignee.
2. Assignee has a legal right to enter into this Assignment for the premises outlined in
the Airport Lease Agreement, as Amended, and Assignee hereby accepts the
assignment of all of Assignors' obligations, responsibilities and duties under the
Airport Lease Agreement, as Amended, and all of Assignor's rights and interests in
the Airport Lease Agreement, as Amended and to the parties of the Agreement and
any of its Amendments.
3. Assignee agrees and acknowledges that it is responsible for the payments outlined
in the Airport Lease Agreement, as Amended, to the City and shall make timely
payments under the Airport Lease Agreement, as Amended.
4. Assignee will receive notices as follows:
Jose Castaneda
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5. The City consents to assignment of the Airport Lease Agreement, as Amended.
6. A copy of the Airport Lease Agreement, and the amendments thereto, is attached
hereto and fully incorporated herein.
In witness whereof, the Parties execute this Assignment as follows:
ASSIGNOR: ASSIGNEE:
JAMES KEENE JOSE CASTANEDA
50 Dalton Lane Address: iLit S 0-4-0C
Zill , WA 98953 \Okiiw WA 489oz
f75r'
James Keene t Jose Castaneda
y50DARLENE KEENE SPOUSE
Dalton Lane
Zillah, WA 98953
IC6UdeAtZ /CvelAl&
T. Dal-tone Keene Print Name:
KEENE LIVING TRUST
James Keene and T. Darlene Keene as Trustees
g 1/4 (---C.4:19""---\/1/4----,
ieene
T. Darlhe Keene
CONSENT TO ASSIGNMENT:
CITY OF YAKIMA
ROBERT HARRISON, City Manager
ATTEST: ypKlMq `‘‘t
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Rosalinda Ibarra, City Clerk yo *"
City Resolution No. k' ,2�-(�,� v
City Contract No. A( (0 1 �l" tart ,
STATE OF WASHINGTON
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County of Yakima
I certify that I know or have satisfactory evidence that James Keene and T. Darlene Keene signed
this instrument, on oath stated that they are authorized to execute this instrument and
acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the
instrument.
Date iO - 2l - 1-3
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I certify that I know or have satisfactory evidence that Jose Castaneda and Cep,I
(spouse)signed this instrument, on oath stated that they are authorized to execute this instrument
and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in
the instrument.
Date / 4 - AO ,. 09.3
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I certify that I know or have satisfactory evidence that James Keene and T. Darlene Keene,
Trustees of the Keene Living Trust, signed this instrument, on oath stated that they are authorized
to execute this instrument on behalf of the Keene Living Trust, and acknowledged it as the
Trustees to be the free and voluntary act of the Keene Living Trust for the uses and purposes
mentioned in the instrument
Date \ 0 -2 - 213227
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I certify that I know or have satisfactory evidence that Robert Harrison, signed this instrument, on
oath stated that he is authorized to execute the instrument on behalf of the City of Yakima, and
acknowledged it as the City Manager to be the free and voluntary act of the City of Yakima for the
uses and purposes mentioned in the instrument.
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Notary Public the Sate of Washington
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.D.
For Meeting of: November 7, 2023
ITEM TITLE: Resolution authorizing an amendment assigning an airport lease
agreement with James Keene to Jose Castaneda and Cecilia
Valdivia
SUBMITTED BY: Jaime Vera,Airport Operations and Maintenance Manager
SUMMARY EXPLANATION:
The City and James and T. Darlene Keene and the Keene Living Trust entered into an Airport
Lease Agreement effective September 1st, 2018, for rental of property and facilities at Yakima Air
Terminal/McAlister Field. The tenants executed a Bill of Sale with Jose Castaneda and Cecilia
Valdivia for them to purchase the personal property and improvements, and necessarily take over the
lease agreement with the City upon which those improvements and property lie. The City was afforded
the right of first refusal, as dictated by the Lease Agreement and chose not to exercise that right. The
tenants are required to obtain approval from the City of Yakima to assign their lease at Yakima Air
Terminal/McAlister Field to a third party.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Economic Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
❑ Resolution 11/2/2023 Resolution
0 Lease Amendment 10/24/2023 Contract