HomeMy WebLinkAboutR-2024-068 Resolution authorizing an amendment to Airport Lease Agreement with Gene O'Dell d/b/a O'Dell Enterprises RESOLUTION NO. R-2024-068
A RESOLUTION authorizing an Amendment to Airport Lease Agreement between the City
of Yakima and Gene O'Dell d/b/a O'Dell Enterprises.
WHEREAS, the City and Gene O'Dell d/b/a O'Dell Enterprises entered into an Airport
Lease Agreement effective November 1st, 2011 for rental of property and facilities; and
WHEREAS, the parties have agreed to amend that lease to reduce the premise; and
WHEREAS, the parties have agreed to amend that lease regarding the rental amount,
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 Gene
O'Dell d/b/a O'Dell Enterprises, attached hereto.
ADOPTED BY THE CITY COUNCIL this 16th day of April, 2024.
ATTEST: Patricia Byers/;Mayor
ct? Jr , 14
c Iti 0,ath JktOM___ 'S'EAL ji
Rosalinda Ibarra, City Clerk Iy�\,.asZ' ?,A0Y
1ST AMENDMENT TO
LEASE AGREEMENT
BETWEEN
CITY OF YAKIMA
AND
GENE O'DELL
d/b/a O'DELL ENTERPRISES
THIS 1ST AMENDMENT ("Amendment") to Lease between the City of Yakima, the owner and
operator of the Yakima Air Terminal — McAllister Field ("Lessor") and Gene O'Dell, d/b/a O'Dell
Enterprises ("Lessee") is effective this 11 day of 6-1.QY'1 I , 2024.
The Amendment amends and modifies that certain Lease Agreement ("Lease") between Lessor
and Lessee executed the 1st day of November, 2011. Except as expressly modified herein, the
terms of the Lease remain unchanged and in full force and effect. Any capitalized terms that are
not assigned definitions herein shall have the same meaning and definition as used in the Lease.
The terms of the Lease are modified as follows:
Paragraph 1: Paragraph 1 of the Lease is hereby replaced by the following paragraph
and the exhibit referenced therein replaces the exhibit referenced in the original Paragraph 1 of
the Lease:
1. PREMISES: Lessor does hereby lease and let unto Lessee, and Lessee does hereby
lease and take from Lessor, approximately 30,572 sq. feet of space at 2001 Airport Lane
in 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 approximate 30,572 sq. feet
of space referenced herein is comprised of approximately 7,912 of building space with the
remaining sq. footage being a part of the Airport apron.
Paragraph 3: Paragraph 3 of the Lease is hereby replaced by the following paragraph:
3. RENT:
A. Lessee promises and agrees to pay rent to Lessor at the rate of Five-Hundred and
Sixty Dollars and Forty-Nine Cents($560.49) per month for the leased premises, made
in advance on or before the 10th day of each month. Payments shall be made to the
City of Yakima, Accounts Receivable, 129 N. 2nd St., Yakima, WA 98901. Each
payment shall contain the following notation "Rent & Fees for Airport Ground Lease
Agreement." Any rental payments/fees past due shall accrue a delinquency charge of
twelve percent (12% per annum.)
Yakima Airport—McAllister Field Ground Lease Agreement—
Amendment#1 for 2001 Airport Lane "Richardson Hangar"
B. The lease rental rate as provided for above shall be subject to review and modification
on January 1st, 2013 and annually on January 1st each year thereafter to the current
Aviation Land Rate outlined in the Airport Rates and Fees, as established and
approved by the Yakima City Council.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their respective authorized officers or representatives as of the day and year below.
The term of the Lease commences on the date stated on the top of page 1, which is the
date that all parties have executed the Lease.
LESSOR:
CITY OF YAKIMA
Yakima Air Terminal—McAllister Field
2406 W. Washington Avenue, Suite B
Yakima, Washington 98903
(509) 575-6149 - phone
(509) 575-6185 -fax
COPY TO
CITY OF YAKIMA—CITY MANAGER
129 North 2nd Street
Yakima, WA 98901
/By: � /` Date:Ct�()r 1 1.-7 i
Dave Zabe , 11j y'Manager
YA:�i•
-ch xr�R
ATTEST: I ;-
By:
Ro alinda Ibarra, City Clerk 9sy/rJ,o�
CITY CONTRACT N4:0 r
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Rc50LUTIONNO. —4?"0/94( (Qir
Yakima Airport—McAllister Field Ground Lease Agreement—
Amendment#1 for 2001 Airport Lane "Richardson Hangar"
STATE OF WASHINGTON
ss
County of Yakima
I certify that I know or have satisfactory evidence that Dave Zabell signed this instrument, on oath
stated that he is 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 mentionedtin� in the instrument.
L/1,
Date ( 1 /
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sio�y F �C'�', By:0 • R t � ,
: F10TARy ,;.... Notary Publi f r the State of Washington
• Nu. 107265 N = Residing at: L •'.L.4•C�-A--
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Appointment Ex Tres (.c"� c
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LESSEE: /sat W.AS.kA. ����•
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GENE O'DELL
Gene O'Dell Enterprises
2106 West Washington Avenue, #4
Yakima, WA 98903
Phone: 509-453-2685
Fax: 509-453-2685
Cell: 509-952-6028
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Signatur Dat
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Gene O'Dell signed this instrument, on oath
stated that they are authorized to execute the instrument on behalf of himself and Gene O'Dell
Enterprises a d/b/a of Gene O'Dell and to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
moo M.
Eti i By: y M-6i,r
� �k ,w et"" 99 !,�' Not Pu c for the State of Washington
• Residing at: yotrrnti IV7
NOTAgI,
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Yakima Airport—McAllister Field Ground Lease Agreement—
Amendment#1 for 2001 Airport Lane "Richardson Hangar"
EXHIBIT A- PREMISE
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Yakima Airport—McAllister Field Ground Lease Agreement—
Amendment#1 for 2001 Airport Lane "Richardson Hangar"
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.1.
For Meeting of:April 16, 2024
ITEM TITLE: Resolution authorizing an amendment to Airport Lease Agreement
with Gene O'Dell d/b/a O'Dell Enterprises
SUBMITTED BY: Jaime Vera,Airport Operations and Maintenance Manger
SUMMARY EXPLANATION:
The City of Yakima and Gene O'Dell d/b/a O'Dell Enterprises entered into an Airport Lease
Agreement effective November 1st, 2011 for rental of property and facilities. The parties have
agreed to amend the lease to reduce the premise and amend that lease regarding the rental
amount.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
❑ 3/28/2024 Resolution
❑ 3/28/2024 Contract
LEASE AGREEMENT
Between
GENE O'DELL
d /b /a O'DELL ENTERPRISES
and
The Yakima Air Terminal (YAT)
THIS LEASE, executed this 1st day of November l 2011, between the YAKIMA AIR TERMINAL —
McALLISTER FIELD, an agency of the City of Yakima and County of Yakima, Washington,
hereinafter referred to as "LESSOR," and GENE O'DELL, d /b /a O'DELL ENTERPRISES hereinafter
referred to as 'LESSEE':
VIVASALNE
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, LESSOR has approved property available for lease as provided by this Lease; and,
WHEREAS, 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:
I . PREMISES: LESSOR does hereby lease and let unto LESSEE, and LESSEE does hereby
lease and take from LESSOR, approximately 65,300 sq ft of building space at 2009 Airport
Lane 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.
2. TERM: The tenancy created by this Lease shall commence on November 1, 2011, and
continue on a month -to -month basis until terminated by either party, unless otherwise
terminated as provided for herein.
A. LESSEE promises and agrees to pay rent to LESSOR at the rate of Five - Hundred
Dollars {$500.00} 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 Managers office. Any rental payment past due shall accrue a delinquency
charge of twelve percent (12 %) per annum.
Filename: Lease /O'Dell 2001 Airport Lane 11 -1 -11
B. The lease rental rate as provided for above shall be subject to review and modification on
January I't, 2013 and annually on January 1St each year thereafter.
4. 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 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.
5. USE: LESSEE is authorized to use the leased premises for aeronautical and non-
aeronautical oriented activity, i.e. vehicle/equipment storage and/or office space, at LESSEE'S
discretion. The use of the property for any other purpose shall be deemed a material breach of
this Lease constituting grounds for its termination.
6. UTILITIES: LESSEE shall be responsible for all utility services including, but not limited to,
power, natural gas, water, sewer, and garbage.
7. 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.
8. 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 LESSEE's occupancy, normal
wear and tear excepted. LESSEE further agrees that LESSEE shall be responsible to
maintain all leased areas, trade fixtures and other improvements, existing and future, in an
attractive and usable manner as reasonably determined by the Airport Manager and consistent
with other properties at the Airport.
9. SIGNS: LESSEE, at LESSEE's expense, may erect a sign(s) of a type, number and location
suitable to LESSOR. 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 Airport without the prior
written approval of the Airport Manager, which approval shall not be unreasonably withheld.
10. 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.
Filename: Lease/O'Dell 2041 Airport Lane 11 -1 -11 2
11. REGULATIONS: LESor-E agrees to comply with all apps cable 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.
12. SUBLETTING: LESSEE may sublet the premises at his discretion,
13. ASSIGNMENT: There will be no assignment of this Lease.
A. The parties agree that LESSOR, through its Airport Manager or other person authorized by
the Airport Manager, 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 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 or other structure on the Airport which, in the opinion
of the Airport Manager, 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
Filenarne: Lease/O'Dell 2001 Airport Lane 11 -1 -11 3
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.
A. At no expense to LESSOR, LESSEE shall defend against and indemnify fully and save
harmless the Board of the Yakima Air Terminal - McAllister Field, the Yakima Air Terminal -
McAllister Field, 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 Board of the Yakima Air Terminal - McAllister Field,
the Yakima Air Terminal - McAllister Field, the 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 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. 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 Board of the Yakima Air Terminal - McAllister Field, the
Yakima Air Terminal - McAllister Field, the City of Yakima and County of Yakima, 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 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. 43.21 C; the Washington Water Pollution Control Act,
RCW Ch. 90.48; the Washington Hazardous Waste Management Act, RCW Ch. 70.105; the
Filename: Lease/O'Dell 2001 Airport Lane 11 -1 -11
'Washington Model Toxic Control Act, RCW Ch. 70.105D, and the regulations promulgated
thereunder, 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.
16. A. 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.
B. Tenant legal liability insurance coverage in an amount of not less than $100,000.
C. Not less than 30 days written notice, or other such time period as may be acceptable to
LESSOR, must be supplied to LESSOR in the event of cancellation, material change to the
policy or non-renewal of any or all policies. Certificate shall be issued by carrier(s) with a
minimum A.M. BEST rating of A-VII which are admitted in the State of Washington or other
such carriers as shall be acceptable to LESSOR.
17. DAMAGE OR DESTRUCTION:
A. TENANT IMPROVEMENTS: In the event the construction in accordance with Section
10 - IMPROVEMENTS herein, or improvements thereto, is partially or totally damaged by fire
or other casualty, the LESSEE and LESSOR shall cooperate equally to demolish any
remnants of the facility, haul off and dispose of the remnants, and bring the ground back to a
developable condition.
S. OTHER AIRPORT PROPERTY: In the event of damage or destruction of Airport property
caused by the LESSEE, its agents, employees, aircraft or other equipment, LESSEE agrees to
repair, 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.
18. DEFAULT, TERMINATION & FORFEITURE: 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
Filename: Lease/O'Dell 2001 Airport Lane 11 -1 -11 5
avoid forfeiture, LESSEL_ shall pay LESSOR's costs and exposes, 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.
19. 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 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.
20. AIRPORT SECURITY AND ACCESS CONTROL
A. Access to Non-Movement Area/ingress and Egress. LESSEE is granted only that
Filename: Lease/O'Dell 2001 Airport Lane 11 -1 -11 6
vehicular and/or pedestrian access which is reasonably necessary to allow LESSEE access to
the hangar ramp/apron once LESSEE is on Airport property. Vehicular access to and
egress from Airport by the LESSEE shall be made into and out of only Airport Gate S2001 B,
vehicle gate. Vehicular or pedestrian access to any and/or all movement areas, whether active
or inactive, is expressly prohibited by this Agreement. For the purpose of this Agreement, a
movement area is any runway or taxiway utilized for taxiing, takeoffs, and landings of aircraft,
exclusive of aircraft loading ramps, aircraft parking areas, and aircraft aprons and tie down
spaces.
B. There will be one Authorized Signatory for airport security, airport ID, and access
control for the entire lease area.
C. Access Identification (ID } }. Airport Administration will assign one (1) Yakima Air
Terminal (YAT) identification card to the LESSEE's Authorized Signatory only. The cost of
the badge is dependent on costs associated with the requisite and mandated background
check.
D. A request by the LESSEE for an additional card(s) shall be made in writing stating
through the Authorized Signatory providing the reason(s) or rationale why an additional card(s)
is/are required. Any request for an additional card may or may not be approved by the Airport
Manager at his/her sole discretion. The minimum information required for the issuance of any
additional card will include the name, local address, and contact phone number of the
individual. The same fees outlined above are applicable for any additional badge. If any card
is lost, stolen, or made unusable for any reason, the LESSEE will pay the applicable fine and
costs associated with the issuance of a new or replacement badge in effect at that time.
E. The control and monitoring of access is paramount to Airport security. Accordingly, only
authorized users with access to the Airport granted pursuant to this Agreement may hold an ID
card to access the Airport. Lost or stolen Airport-issued access cards shall be reported
immediately by any means possible to Airport Administration, whereupon the loss or theft will
be recorded, and the card will be made "inactive". "Reported immediately" means within
twenty-four (24) hours or the next business day, not including weekends or holidays. A new
card may then be issued by Airport Administration bearing a number different from the one lost
or stolen.
F. Fraud and Intentional Falsification of Records.
(1) No person may make any fraudulent or intentionally false statement in any
application for any security program, access medium, or identification medium.
(2) No person may make any fraudulent or intentionally false entry in any record or
report that is kept, made or used to show compliance or exercise any privileges,
G. Security Responsibilities. No person may:
Filename: Lease/O'Dell 2001 Airport Lane 11 -1 -11 7
(1) Tamper or oterfere with, compromise, modify, attempt to circumvent, or cause a
person to tamper or interfere with, compromise, modify, or attempt to circumvent any
security system, measure, or procedure.
(2) Enter, or be present within a secured area without complying with the systems,
measures, or procedures being applied to control access to, or presence or movement
in such areas.
(3) Use, allow to be used, or cause to be used, any Airport-issued or Airport-
approved identification medium that authorizes the access, presence, or movement of
persons or vehicles in secured areas in any other manner than that for which it was
used by the appropriate authority.
H. "Non-Movement Area Certification of Training — Application for Permit to Operate
Ground Vehicles at the Yakima Air Terminal". Any person given vehicular access to the
Airport shall be required to read, apply for and pass the test associated with the current edition
of the Airport Driving Rules & Regulations document provided by the Airport to qualify for
access to the Airport. A copy of the application and test will be kept in the LESSEE's File.
I. Airport Safety and Security. In the interest of Airport safety and security, in the event
LESSEE fails to abide by this Agreement, the Airport Manager of YAT is authorized by the
Airport's Governing Authority, to immediately declare this Lease void, to cancel the same
without any legal proceeding and take possession of the tie down.
21. 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.
22. Time is of the essence of this entire Lease.
Filename: Lease/O'Dell 2001 Airport Lane 11 -1 -11 8
:=a
YAKIMA AIR TERMINAL - McALLISTER FIELD
2400 W. Washington Avenue
Yakima, Washington 98903
Phone: (509) 575-6149
FAX: (509) 575
A
Carl L. Remmel, AA7E, Airport Manager
STATE OF WASHINGTON, County of Yakima
I certify I know or have satisfactory evidence that Carl L. Remmel signed this instrument, on oath stated that he
is authorized to execute the instrument and acknowledges it as the YAT Airport Manager on behalf of the YAT
Airport 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.
r.
LESSEE:
GENE O'DELL
Gene O'Dell Enterprises
2106 West Washington Avenue, #4
Yakima, Washington 98903
Phone: 509-453-2686
Fax: 509-453-2685
Cell: 509-952-6028
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Signature
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STATE OF WASHINGTON, County of Yakima
I certify I know or have satisfactory evidence that Gene O'Dell signed this instrument and acknowledged it to
be his free and voluntary act for the uses and purposes mentioned in the instrument.
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Filename: Lease/O'Dell 2001 Airport Lane 11 -1 -11 9
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