HomeMy WebLinkAboutR-2023-175 Resolution authorizing the assignment of an Agriculture Lease Agreement to Doug Hartshorn RESOLUTION NO. R-2023-175
A RESOLUTION authorizing the assignment of an Agriculture Lease Agreement.
WHEREAS, Doug Hartshorn, and Hartshorn Ranch, LLC, entered into an Agriculture
Lease Agreement ("Lease") with the City of Yakima to lease certain real property consisting of
approximately 89.0 acres of grazing land adjacent to the Yakima Air Terminal/McAllister Field on
or about September 6, 2017 (hereinafter referred to as "Lease"); and
WHEREAS, the Lessee wishes to assign the lease to Doug Hartshorn and remove the
LLC from the lease agreement; and
WHEREAS, the City finds the assignment of the lessee's rights, interests and obligations
in the Lease to Assignee acceptable; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of
the City and its residents to approve the assignment of the agriculture lease; 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 Agriculture Lease
Agreement attached hereto and incorporated herein.
ADOPTED BY THE CITY COUNCIL this 12 day of December, 2023.
a -t-e- ,era
ATTEST: Janice Deccio, Mayor
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ASSIGNMENT
OF
AGRICULTURE LEASE AGREEMENT
This Assignment of Agriculture Lease Agreement ("Assignment") is entered into by and
between Doug Hartshorn & Hartshorn Ranch, LLC, a Washington state limited liability company
(collectively referred to herein as the "Assignor") and Doug Hartshorn, a married person dealing
with his separate property (referred to herein as the "Assignee"), both of whom agree to be
bound by this Assignment, in consideration of the mutual covenants herein contained.
WHEREAS, Assignor, as lessee, entered into an Agriculture Lease Agreement ("Lease")
with Yakima Air Terminal — McAllister Field, a department of the City of Yakima, as lessor, on or
about September 6, 2017, to lease certain real property consisting of approximately 89.0 acres
of grazing land (hereinafter referred to as "Lease");
WHEREAS, the sole members and owners of Hartshorn Ranch, LLC ("LLC") are Doug &
Rosanne Hartshorn, husband and wife;
WHEREAS, historically the real property subject to the Lease has been leased
personally by Doug Hartshorn and the LLC and its owners now wish to assign all of the LLC's
lessee's interest in the Lease to Doug Hartshorn, individually, as his separate property;
WHEREAS, the City finds the assignment of the lessee's rights, interests and obligations
in the Lease to Assignee acceptable; and
Now, therefore, Assignor and Assignee agree as follows:
1. Assignor hereby assigns all their rights and interest, and delegates all of their
obligations, responsibilities and duties found in the Lease to Assignee.
2. Assignee has a legal right to enter into this Assignment and Assignee hereby
accepts the assignment of all of Assignor's obligations, responsibilities and duties
under the Lease and all of Assignor's rights and interests in the Lease and to the City
under the Lease.
3. Assignee agrees and acknowledges that he is responsible for the payments outlined
in the Lease to the City and shall make timely payments under the Lease.
4. Assignee agrees to receive any notices allowed or required under the Lease as
follows:
Doug Hartshorn
15320 Ahtanum Rd.
Yakima, WA 98903
5. The City consents to assignment of the Lease.
6. A copy of the Lease is attached hereto as Exhibit 1 and is fully incorporated herein.
1
7. The LLC consents and agrees to this Assignment and all members and owners of
the LLC have the full authority to enter into this Assignment on behalf of the LLC and
to legally bind the LLC.
8. Assignor and Assignee agree that the lessee's interest in the Lease is Doug
Hartshorn's separate property and that neither (a) the LLC; (b) Rosanne Hartshorn;
or (c) the marital community of Doug & Rosanne Hartshorn have or will have any
interest the lessee's interest in the Lease.
In witness whereof, the Parties execute this Assignment as follows:
ASSIGNOR(S): ASSIGNEE:
Hartshorn Ranch, LLC
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BY: D g Hartshorn Doug Harorn, a married individual
ITS: ember dealing with his separate property
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BY: Rosanneshorn
ITS: Member
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Doyi /
Ha horn, individually
CONSENT TO ASSIGNMENT:
CITY OF YAKIMA
1
ROBERT HARRISON, City Manager
ATTEST: V r��
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By
Rosa inda Ibarra, City Clerk :it 111ZA7IIWIPPW«I
City Resolution No. -a0a-- 115
City Contract No. d0 —P,P-1---
2
SPOUSAL CONSENT & WAIVER
I, Rosanne Hartshorn, am the spouse of Doug Hartshorn. I have read the above
Assignment and the Lease attached hereto as Exhibit 1. I recognize that the Lease is for
certain real property that is located in the State of Washington and that said State is a
community property state. I understand that the community property laws of the State of
Washington may provide me with certain right in property acquired during marriage. I hereby
declare that my spouse's rights and interest in the Lease are the separate property of my
spouse and that neither I, nor my interest in the marital community, have any interest in the
Lease. To the extent it is found by a court of competent jurisdiction that either I or my interest in
the marital community have any interest in the Lease, I hereby release, waive, and disclaim any
such interest on behalf of myself and my marital community.
� )
Rosanne Hartshorn, individually and on
behalf of her marital community
STATE OF WASHINGTON )
ss
County of Yakima
I certify that I know or have satisfactory evidence that Doug Hartshorn and Rosanne Hartshorn,
the sole members and owners of of Hartshorn Ranch, LLC, signed this instrument, on oath stated
that they were authorized to execute the instrument and acknowledged it to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Date NI ov 2rv\.bz.K."c9.E5 ,409.3
,�,� Notary Public for the State of Washington
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STATE OF WASHINGTON
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County of Yakima
I certify that I know or have satisfactory evidence that Doug Hartshorn, signed this instrument, on
oath stated that they were authorized to execute the instrument and acknowledged it to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Date 12--7CI
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I certify that I know or have satisfactory evidence that Rosanne Hartshorn, signed this instrument,
on oath stated that they were authorized to execute the instrument and acknowledged it to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Date kt f a Ts-1 -3
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.F.
For Meeting of: December 12, 2023
ITEM TITLE: Resolution authorizing the assignment of an Agriculture Lease
Agreement to Doug Hartshorn
SUBMITTED BY: Jaime Vera,Airport Operations and Maintenance Manager
SUMMARY EXPLANATION:
Doug Hartshorn, and Hartshorn Ranch, LLC, entered into an Agriculture Lease Agreement
("Lease")with the City of Yakima to lease certain real property consisting of approximately 89.0
acres of grazing land adjacent to the Yakima Air Terminal/McAllister Field on or about September
6, 2017. The Lessee wishes to assign the lease to Doug Hartshorn and remove the LLC from
the lease agreement.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
D Resolution 12/6/2023 Resolution
D Contract 12/7/2023 Contract
2
RESOLUTION NO. R-2023-
A RESOLUTION authorizing the assignment of an Agriculture Lease Agreement
WHEREAS, Doug Hartshorn, and Hartshorn Ranch, LLC, entered into an Agriculture
Lease Agreement ("Lease") with the City of Yakima to lease certain real property consisting of
approximately 89.0 acres of grazing land adjacent to the Yakima Air Terminal/McAllister Field on
or about September 6, 2017 (hereinafter referred to as "Lease"); and
WHEREAS, the Lessee wishes to assign the lease to Doug Hartshorn and remove the
LLC from the lease agreement; and
WHEREAS, the City finds the assignment of the lessee's rights, interests and obligations
in the Lease to Assignee acceptable; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of
the City and its residents to approve the assignment of the agriculture lease;
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 Agriculture Lease
Agreement attached hereto and incorporated herein.
ADOPTED BY THE CITY COUNCIL this 12 day of December, 2023.
ATTEST: Janice Deccio, Mayor
Rosalinda Ibarra, City Clerk
3
ASSIGNMENT
OF
AGRICULTURE LEASE AGREEMENT
This Assignment of Agriculture Lease Agreement("Assignment") is entered into by and
between Doug Hartshorn & Hartshorn Ranch, LLC, a Washington state limited liability company
(collectively referred to herein as the"Assignor") and Doug Hartshorn, a married person dealing
with his separate property (referred to herein as the"Assignee"), both of whom agree to be
bound by this Assignment, in consideration of the mutual covenants herein contained.
WHEREAS, Assignor, as lessee, entered into an Agriculture Lease Agreement ("Lease")
with Yakima Air Terminal—McAllister Field, a department of the City of Yakima, as lessor, on or
about September 6, 2017, to lease certain real property consisting of approximately 89.0 acres
of grazing land (hereinafter referred to as"Lease");
WHEREAS, the sole members and owners of Hartshorn Ranch, LLC ("LLC") are Doug &
Rosanne Hartshorn, husband and wife;
WHEREAS, historically the real property subject to the Lease has been leased
personally by Doug Hartshorn and the LLC and its owners now wish to assign all of the LLC's
lessee's interest in the Lease to Doug Hartshorn, individually, as his separate property;
WHEREAS, the City finds the assignment of the lessee's rights, interests and obligations
in the Lease to Assignee acceptable; and
Now, therefore, Assignor and Assignee agree as follows:
1. Assignor hereby assigns all their rights and interest, and delegates all of their
obligations, responsibilities and duties found in the Lease to Assignee.
2. Assignee has a legal right to enter into this Assignment and Assignee hereby
accepts the assignment of all of Assignor's obligations, responsibilities and duties
under the Lease and all of Assignor's rights and interests in the Lease and to the City
under the Lease.
3. Assignee agrees and acknowledges that he is responsible for the payments outlined
in the Lease to the City and shall make timely payments under the Lease.
4. Assignee agrees to receive any notices allowed or required under the Lease as
follows:
Doug Hartshorn
15320 Ahtanum Rd.
Yakima, WA 98903
5. The City consents to assignment of the Lease.
6. A copy of the Lease is attached hereto as Exhibit 1 and is fully incorporated herein.
1
4
7. The LLC consents and agrees to this Assignment and all members and owners of
the LLC have the full authority to enter into this Assignment on behalf of the LLC and
to legally bind the LLC.
8. Assignor and Assignee agree that the lessee's interest in the Lease is Doug
Hartshom's separate property and that neither(a) the LLC; (b) Rosanne Hartshorn;
or (c)the marital community of Doug & Rosanne Hartshorn have or will have any
interest the lessee's interest in the Lease.
In witness whereof, the Parties execute this Assignment as follows:
ASSIGNOR(S): ASSIGNEE:
Hartshorn Ranch, LLC
B aug artshom Doug ligrtshorn, a married individual
ITS: Member dealing with his separate property
�S n. v7'1
BY: Rosanne Hartshorn
ITS: Member
Doug Ha shorn, individually
CONSENT TO ASSIGNMENT:
CITY OF YAKIMA
ROBERT HARRISON, City Manager
ATTEST:
By
Rosalinda Ibarra, City Clerk
City Resolution No.
City Contract No.
2
5
SPOUSAL CONSENT&WAIVER
1, Rosanne Hartshorn, am the spouse of Doug Hartshorn. I have read the above
Assignment and the Lease attached hereto as Exhibit 1. I recognize that the Lease is for
certain real property that is located in the State of Washington and that said State is a
community property state. I understand that the community property laws of the State of
Washington may provide me with certain right in property acquired during marriage. I hereby
declare that my spouse's rights and interest in the Lease are the separate property of my
spouse and that neither I, nor my interest in the marital community, have any interest in the
Lease. To the extent it is found by a court of competent jurisdiction that either I or my interest in
the marital community have any interest in the Lease, I hereby release, waive, and disclaim any
such interest on behalf of myself and my marital community.
c2 Ji{'tom r f�!.L'r
Rosanne Hartshorn, individually and on
behalf of her marital community
STATE OF WASHINGTON
) ss
County of Yakima
I certify that I know or have satisfactory evidence that Doug Hartshorn and Rosanne Hartshorn,
the sole members and owners of of Hartshorn Ranch, LLC, signed this instrument, on oath stated
that they were authorized to execute the instrument and acknowledged it to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Date 1 k 24/ C29--.
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`�'S\vvIA1Ciii%l�'r By: lui a C'-
Notary Public for the State of Washington
g 1,v 27o2A Residing at: '-�6i.k+.1-v- L
NOTA.Rk Appointment Expires o!l -7/
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STATE OF WASHINGTON )
) ss
County of Yakima
I certify that I know or have satisfactory evidence that Doug Hartshorn, signed this instrument, on
oath stated that they were authorized to execute the instrument and acknowledged it to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Date \ (a--d aO9-
Cj`''"• -01ENr A iris -+ IC + G'7 f `
•nQ 9•. = By: S t i v�`r,� C'- Crry O-r-9ti—
NOT"RY '• ; S. Notary Public for the State of Washington
PUBLIC Residing at:
Appointment Expires 1:17I-D._-/
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STATE OF WAS � „ ;;.�``e
) ss
County of Yakima )
I certify that I know or have satisfactory evidence that Rosanne Hartshorn, signed this instrument,
on oath stated that they were authorized to execute the instrument and acknowledged it to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Date 11 is-g 17 -3
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��ieti►titiln��ri�p��� By: i I.i�c_ , Can rs ��
' +co. 9"r1� Notary Public for the State of Washington
. �121"2 ??c� Residing at: `- r9-le-+ - -7 a p / 7
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Exhibit 1
AIRPORT LEASE AGREEMENT
BETWEEN
YAKIMA AIR TERMINAL-McALLISTER FIELD AND
DOUG HARTSHORN
dba HARTSHORN RANCH, LLC
AGRICULTURE LEASE AGREEMENT
THIS LEASE, executed this (o — day of 041,1--• , 2017, between the YAKIMA
AIR TERMINAL — McALLISTER FIELD, a department of the City of Yakima,
Washington, hereinafter referred to as "LESSOR," and DOUG HARTSHORN, a married
man dba HARTSHORN RANCH, LLC, hereinafter referred to as "LESSEE":
WITNESSETH:
WHEREAS, LESSOR operates the Yakima Air Terminal - McAllister Field, hereinafter
referred to as "Airport," and,
WHEREAS, LESSOR has approved property available for lease as provided by 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 89.0 acres of Grazing land
including any buildings or improvements on said 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, over designated Airport
property and roadways, subject to rules and regulations governing the use of the
Airport and as the same may be promulgated by LESSOR from time to time. The
LESSOR may, at any time hereafter, provide a legal description of the premises
and such description shall become a part of this lease.
Filename:Z:\F-drive\DATA\WORD\LEASE\Ag Leases\Current Ag Leases\Hartshorn
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2. TERM:
The tenancy created by this Lease shall commence on October 1, 2017, shall
have an initial term of one (1) year and three (3) month, to wit, December 31,
2018, and shall renew on a year-to-year basis until terminated by either party,
unless otherwise terminated as provided for herein. LESSOR reserves the right
to terminate this lease at any time with 30 days advance notice.
3. RENT:
A. LESSEE promises and agrees to pay rent to LESSOR at the rate of
$275.00 per quarter for the leased premises, paid in advance on or before the 1st
day of the quarter. As used herein, "quarter" is defined as a three-month period
beginning on October 1, January 1, April 1, or July 1. Payments shall be made to
the City of Yakima, Accounts Receivable, 129 N. 2nd St, Yakima, WA 98901.
Any rental payments/fees past due shall accrue a delinquency charge of twelve
percent (12%) per annum.
B. The lease rental rate as provided for above shall be subject to review and
modification on January 1 yearly and shall be set at a mutually agreeable
agriculture 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 matter of 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 Washington
State licensed and certified general real estate appraiser with at least five (5)
years' experience in sale or leases and appraisals 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.
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5. TAXES AND LIENS:
In addition to the rent payable above, LESSEE promises and agrees to pay, as
the same become due and payable, all licenses, fees and taxes, including but not
limited to the State 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.
6. USE:
LESSEE agrees to use the leased premises only for grazing livestock and
growing crops. The use of the property for any other purpose not expressly
approved by the LESSOR in writing shall be deemed a material breach of this
Lease constituting grounds for its termination.
LESSEE agrees not to place cattle feed areas in the runway approach areas and
not to plant and grow grain type crops that attract birds and other wildlife.
Agriculture operations have a potential for attracting birds and other wildlife which
may pose a hazard to aircraft. If birds or other wildlife become a problem
because of agriculture operations on the airport, LESSOR may initiate remedial
action as required by FAR Part 139.337.
7. UTILITIES:
LESSEE shall be responsible for all utility services including, but not limited to,
power, natural gas, water, sewer, and garbage.
8. 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 the operation of LESSEE's business.
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9. IMPROVEMENTS:
LESSEE agrees to do all repair, remodeling, alterations, upkeep, and
replacement of the leased premises and facilities therein at LESSEE's expense.
All repair, remodeling, alterations, trade fixtures and improvements to the leased
premises by LESSEE shall conform to applicable rules, regulations and codes,
and LESSEE shall procure all building and other permits therefor. All repair,
remodeling, alterations, trade fixtures and improvements shall be designed with a
view toward aesthetic considerations and installation shall not commence until
plans and specifications therefor have been submitted to and approved in writing
by the Airport Director, which approval shall not be unreasonably withheld.
LESSOR makes no representation or guarantee as to the suitability of the leased
area for construction of buildings, roads, ramps, etc., and is not responsible for
the costs of excavation and/or removal of any object found either above or below
ground level except for hazardous materials and archaeological artifacts existing
prior to tenancy.
10. REVERSION OF IMPROVEMENTS:
Upon termination of this lease for any reason Lease, LESSOR may, at its option,
either accept ownership of the improvements constructed or installed on the
Premises, except for trade fixtures, or require LESSEE to remove such
improvements within one hundred twenty (120) days of such termination. Such
removal shall include removing the foundation, utilities and other land
improvements and restoring the land to grade level, unless otherwise directed by
LESSOR. LESSOR shall notify LESSEE of its intent within sixty (60) days of the
cancellation or expiration.
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 Director. Fixtures not removed within
sixty (60) days after termination become the property of the LESSOR unless
other arrangements have been previously approved in writing by the Airport
Director. Any fixtures or "junk" unusable by the LESSOR will be removed at the
expense of the LESSEE.
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
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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.
11. CARE OF PROPERTY
LESSEE agrees to remove all unsightly and noxious weeds now growing on the
leased premises and prevent the growing of such weeds during the term of this
Agreement. LESSEE is responsible for the maintenance of the leased premises
and all improvements, existing and future, and shall do so in a good and
responsible manner during the entire term of the Agreement.
LESSEE further agrees to use all reasonable means to prevent hunting or
fishing, including the posting of signs upon the leased premises, and to prevent
any other use by any other person.
LESSEE further agrees to keep all fences on the leased premises in good repair
and to keep any livestock grazing upon the leased premises from straying off the
leased premises. All such repairs shall maintain or improve the quality and
usefulness of the fence compared to its quality and usefulness prior to the
needed repair. LESSOR may at its option make necessary repairs to fences;
however, LESSEE shall reimburse LESSOR for all expenses incurred by
LESSOR for repairs to fences if said repairs are necessary for airfield security
and safety or, if LESSEE fails to keep the fences in good repair.
12. 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. LESSEE further agrees to accept
responsibility for not allowing unauthorized persons access to the Airport
Operations Area (AOA).
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13. SUBLETTING:
LESSEE shall not sublet any part of the premises.
14. ASSIGNMENT:
LESSEE shall not assign this Lease.
15. SIGNS:
No signs or other advertising matter or devices shall be used or displayed in or
about the leased premises or upon any portion of the Yakima Air Terminal
without the prior written approval of the Airport Director. LESSEE shall post and
maintain in legible condition NO TRESPASSING/NO HUNTING signs around the
perimeter of the leased property and the distance between signs shall not be
greater than 150 feet.
16. MISCELLANEOUS PROVISIONS:
A. The parties agree that LESSOR, through its Airport Director or other person
authorized by the Airport Director, 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
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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,
crane, or other structure on the Airport which, in the opinion of the Airport
Director, 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.
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.
17. 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, judgments or decrees, made against the
Yakima Air Terminal - McAllister Field, the City of Yakima and its 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.
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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.
B. 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
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 there under, 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.
18. INSURANCE:
LESSEE shall file with LESSOR a certificate of insurance, or other proof of
insurance acceptable to LESSOR, evidencing an insurance policy with the
Yakima Air Terminal -McAllister Field, the City of Yakima and County 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.
19. DAMAGE OR DESTRUCTION:
In the event of damage or destruction of Airport property caused by the LESSEE,
its agents, employees, animals or equipment, LESSEE agrees to repair,
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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.
20. 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
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 personal
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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
and any expense of said disposal will be paid by LESSEE.
21. 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.
22. 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.
23. 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.
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
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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.
24. 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.
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LESSOR:
YAKIMA AIR TERMINAL - McALLISTER FIELD
2406 W. Washington Avenue, Suite B
Yakima, Washington 98903
(509) 575-6149 - phone 7
(509) 575-6185 -fax CITY CONTRACT NO: -'Q/ V(a
.7�.
RESOLUTION NO: -)Q/7-/Q7
CLIFF M E Date
City Manager
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that CLIFF MOORE signed this
instrument, on oath stated that he is authorized to execute this instrument and
acknowledged it as the City Manager to be the free and voluntary act of such party for
the uses and purposes mentioned in the instrument.
Date q - 6, - -c r '7
BY: � — " - Notary Public
Notary P blic State of Washington
Appointment Expires KAARRE ALLYN
MY COMMISSION EXPIRES
January 12, 2020
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LESSEE:
DOUG HARTSHORN
Dba HARTSHORN RANCH, LLC
15320 AHTANUM RD
YAKIMA, WA 98903
509-949-5661 — cell phone
a- 4 141
Signatu Date
STATE OF WASHINGTON, County of Yakima
I certify that I know or have satisfactory evidence that DOUG HARTSHORN signed this
instrument and acknowledged it to be his free and voluntary act for the uses and
purposes mentioned� in the instrument.
Date —r 7'-/
By:
Notary Publi y� l , °.0 3O ykQh� ,
Appointment Expires! 4v //d o/7 .�`,�-`�••••••. y -,
•
I
f•
' •
NOTARY PUBLIC ••
COMM.EXPIRES
•
NOV.1,2019 • w
•
•
ORwAS1 10'..
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EXHIBIT A
- Yakima Arr ermmal kMr Allister F.ieldJ , ,;
1.
Leased Land : Approximately 89 acres '. " .
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RESOLUTION NO. R-2017-107
A RESOLUTION authorizing the execution of a land lease agreement with Doug Hartshorn
dba Hartshorn, LLC, for agricultural grazing property located north of
Airport Lane at 2501 Airport Lane on Yakima Air Terminal-McAllister Field
property.
WHEREAS, City owns and operates Yakima Air Terminal-McAllister Field in accordance
with applicable Federal, State and Local regulations; and
WHEREAS, the airport has agricultural grazing property available for lease within parcel
number 181335-31001 which is located north of Airport Lane at 2501 Airport Lane on Yakima Air
Terminal-McAllister Field property; and
WHEREAS, the City of Yakima and Doug Hartshorn, dba Harshorn LLC, have negotiated
to lease a portion of such parcel, which includes a lease to occupy 89 acres of property and to
use the leased premises only for grazing livestock and growing crops, all of which is set forth in
the "Airport Lease Agreement" attached hereto 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 the City of Yakima, and will promote the purposes of the Yakima Air Terminal;
now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute and administer the attached and
incorporated Airport Lease Agreement with Doug Hartshorn dba Hartshorn LLC, to allow the use
of approximately 89 acres of Yakima Air Terminal property for agricultural grazing.
ADOPTED BY THE CITY COUNCIL this 5th day of September, 2017.
/s/ Kathy Coffey
ATTEST: Kathy Coffey, Mayor
/s/Sonya Claar Tee
Sonya Claar Tee, City Clerk