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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 ilk U S• tpti N42, yo omik WA gggD2. 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 'i re*se. /? ' /' ' ' SEAL Rosalinda Ibarra, City Clerk yo *" City Resolution No. k' ,2�-(�,� v City Contract No. A( (0 1 �l" tart , STATE OF WASHINGTON ) ss 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 1111/ ",„ Ex°% ' v). Notar 'ubll. e the State of Washington z Residing at: yo,klVYYlct a ; Afaiv* 0 ' p Appointment Expires t- osi t1 ,,4 5_11. e!I OF\\N S i 1F STATE OF WASHINGTON ss County of Yakima 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 `\.\�\111111/Ji��� �g •....�v. m7' °� .08 •yo �_ By: tLt i, Q • - Not y Public for the State of Washington ,'i•, �' Residing at: ` eL, ; m�� 9 Appointment Expires V-/7 •-2G�4' h,�NGTON \\`. STATE OF WASHINGTON ss County of Yakima ) 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 „\\\\\\tt4j. tilOrn 'Go if N Ct ON EXpllir �' l/ By: Q_.�OC"k��Fr//%" Notary P • c for the,State of Washington so ; z Residing at: Cjkk A i d o 9 s C7 ;;,: 1114 ��� : , Appointment Epires � y 1( \ a®ay pue a 0 Is 1//, 5_11'y se: 111111����������5 �1111q l"OF k‘v\\ 4°„S- 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 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. Date I l ) '1D0D3 ��111111111111/0/' �` YRp / / By:2 Notary Public the Sate of Washington c, NOTA/ 9N. r Residing at: VW'ma No.107265 = Appointment Ex r:f (5j/i Dih ) PUBLIC .. '�O�• ��,,,,/ 1WASH`�C)\ 1 .4. ! a, 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