HomeMy WebLinkAbout03/01/2016 05C Chartered Airline Service Agreement with TEM Enterprises dba Xtra Airways, LLC 1111111111114 44'
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. S.C.
For Meeting of: March 1, 2016
ITEM TITLE: Resolution authorizing an agreement with TEM Enterprises d/b /a Xtra
Airways, LLC, a Nevada Corporation, to provide chartered airline
service from the Yakima Air Terminal- McAllister Field
SUBMITTED BY: Robert Peterson, Airport Manager
SUMMARY EXPLANATION:
Xtra Airways is one of two airlines that provide chartered airline service from the Yakima Airport to casino
destinations. Recently, Peppermill Casinos awarded the contract to Xtra Airways to provide air service to
and from Wendover, Utah which allows the Yakima community to purchase airline tickets and hotels as a
package to promote attracting passengers to their casinos. The charters are typically scheduled
approximately 5 -8 weeks apart where passengers stay in Wendover for 4 -5 days and return to Yakima.
Resolution: X Ordinance: X
Other (Specify):
Contract: X Contract Term:
Start Date: End Date:
Item Budgeted: Yes Amount:
Funding Source/Fiscal Revenues received: Aircraft Landing Fees, Fuel Flowage Fees, Terminal
Impact: Usage, Vehicle Parking, Equipment Usage, Passenger Facility Charges
Strategic Priority: NA
Insurance Required? Yes
Mail to:
Phone:
APPROVED FOR
SUBMITTAL: City Manager
RECOMMENDATION:
Airport staff recommends the City Manager and City Council approve the agreement to provide Xtra Airways
the ability to operate at the Yakima Air Terminal.
ATTACHMENTS:
Description Upload Date Type
D Resonation 2/17/2016 Resonation
D Lease Agreement 1/28/2016 Contract
D Exhibit 1/28/201€ lExhi
RESOLUTION NO. R -2016-
A RESOLUTION authorizing an agreement with Tem Enterprises d /b /a Xtra Airways, LLC, a
Nevada Corporation, to provide chartered airline service from the Yakima Air
Terminal - McAllister Field.
WHEREAS, City owns and operates Yakima Air Terminal in accordance with applicable
Federal, State and Local regulations; and
WHEREAS, Xtra Airways is engaged in the business of air transportation with respect to
persons and property as an air carrier, and is certificated by the Federal Aviation Administration (FAA)
to furnish such services; and,
WHEREAS, Xtra Airways desires to use certain facilities, rights, licenses and privileges in
connection with and on the airport, and is willing to lease the same upon the terms and conditions
outlined in the non - signatory airline operating agreement; and,
WHEREAS, the City Council has determined that approval of such lease agreement is in the
best interests of residents of the City of Yakima, and will promote the purposes of the Yakima Air
Terminal and the general health, safety and welfare; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute and administer the attached and incorporated non -
signatory airline operating agreement with Tem Enterprises d /b /a Xtra Airways, LLC, a Nevada
Corporation, which lease agreement is attached hereto and incorporated herein.
ADOPTED BY THE CITY COUNCIL this 1 day of March, 2016.
ATTEST: Avina Gutierrez, Mayor
Sonya Claar Tee, City Clerk
UN- SCHEDULED /CHARTER/NON- SIGNATORY AIRLINE OPERATING AGREEMENT
BETWEEN
YAKIMA AIR TERMINAL - McALLISTER FIELD AND
TEM ENTERPRISES d /b /a XTRA AIRWAYS
THIS AGREEMENT, executed this day of , 2016, between the YAKIMA AIR
TERMINAL - McALLISTER FIELD (YAT), a department of the City of Yakima, Washington,
hereinafter referred to as the LICENSOR, and TEM ENTERPRISES d/b /a XTRA AIRWAYS, a
Nevada corporation, hereinafter referred to as LICENSEE:
WITNESSETH:
WHEREAS, LICENSOR operates Yakima Air Terminal - McAllister Field (YAT), located in the
City of Yakima, Yakima County, State of Washington, hereinafter referred to as "AIRPORT "; and,
WHEREAS, LICENSEE is engaged in the business of air transportation with respect to persons and
property as an air carrier, and is certificated by the Federal Aviation Administration (FAA) to furnish
such services; and,
WHEREAS, LICENSEE desires to use certain facilities, rights, licenses and privileges in
connection with and on the AIRPORT, and the LICENSOR is willing to lease the same to
LICENSEE upon the terms and conditions hereinafter stated:
NOW THEREFORE, for and in consideration of the promises made and of the mutual covenants
and agreements herein contained, and other valuable consideration, the LICENSOR does hereby let
unto LICENSEE certain uses, facilities, rights, licenses and privileges in connection with and on the
AIRPORT as follows:
1. TERM: The term of this Agreement shall be for a period commencing on February 1, 2016,
and continue on a month -to -month basis until terminated by either party upon thirty (30) days
prior written notice.
2. RENTALS, FEES AND CHARGES: LICENSEE agrees to pay to the LICENSOR for the
use of the premises, facilities, rights, licenses and privileges granted hereunder the following
rentals, fees and charges, all payable monthly. In addition to the activity fees stated below,
LICENSEE shall be responsible, directly to the provider, for any and all other charges, to
include but not be limited to, ground handlers, fuelers, security screeners, designated ramp
observers, and the like.
A. LANDING FEES: From and after the commencement of the term hereof, fees and
charges for the use of the premises granted hereunder shall be represented by landing
fees as follows:
See attached Rates and Charges, Exhibit A, for LICENSEE's flights landing at the
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AIRPORT as a non - signatory airline.
The landing fee schedule may, from time to time, upon thirty (30) days prior written
notice to the LICENSEE, be amended to increase landing fees or add new fees. The
LICENSEE shall be bound to pay pursuant to the landing fee schedule in effect at the
time of landing.
The term "approved maximum gross landing weight" for any aircraft, as used herein,
shall be the maximum gross landing weight approved by the Federal Aviation
Administration or actual gross landing weight of the aircraft is no such specification
exists.
B. USE FEE: With respect to each of LICENSEE's aircraft trips which boards
revenue passengers through the lobby area of the Terminal Building, LICENSEE
shall pay the then current Terminal Use Fee, Exhibit A. for the use of an aircraft
parking area, holding area and the use, in common with others, of passenger facilities
and baggage claim area.
3. REPORTS AND RECORDS:
A. RECORDS: LICENSEE agrees to keep accurate books, records and accounts and to
submit such monthly statements as may be required to support the payment of such
fees and charges as may be levied or due to by the LICENSOR. The LICENSOR and
its agents shall have the right at all times and at all ordinary business hours of the
day, to inspect and examine such records, accounts, books, contracts, and other data
relating to LICENSEE's operations.
B. REPORTS:
1. Under most circumstances, LICENSEE shall provide written notification of
any pending flight at least seven (7) days in advance of the date of landing. Special
scheduling circumstances will be considered if necessary. The LICENSEE shall
provide the date of landing, the time of landing, the type of aircraft and the
certificated gross landing weight of the aircraft. Said notice shall be delivered to:
Airport Manager's Office, YAKIMA AIR TERMINAL - McAllister Field, 2406 West
Washington Avenue, Suite B, Yakima, Washington 98903, Phone (509) 575 -6149,
Fax (509) 575 -6185, Email: rob.peterson @yakimaairterminal.com.
2. LICENSEE shall, within fifteen (15) days following the end of each calendar
month, transmit to the LICENSOR a statement of the number of landings performed
by LICENSEE's aircraft at AIRPORT, revenue enplaning and deplaning passenger
counts and fees incurred by LICENSEE during said month. The same shall be paid by
LICENSEE within fifteen (15) days after the end of each calendar month. A late fee
of twelve (12 %) percent per annum will be charged on all late payments.
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4. LICENSEE'S RIGHTS AND OBLIGATIONS:
A. Subject to and in accordance with all applicable laws and ordinances and such
reasonable rules and regulations as may be adopted by the LICENSOR for the
regulation thereof, LICENSEE may, together with others, use the AIRPORT and its
appurtenances together with all public use areas /facilities for the purpose of
conducting its business as a scheduled air carrier and to engage in a prompt, efficient,
scheduled air carrier operation at the AIRPORT. The privileges granted hereby shall
be nonexclusive, and include, without limiting the generality thereof:
1. The use of the AIRPORT and its appurtenances for the purpose of landing,
takeoff, loading and unloading, taxiing, and parking of its aircraft or support
equipment.
2. The right to operate a charter air carrier service for the carriage of persons and
property (hereinafter referred to as "air transportation "); LICENSEE shall not conduct
any other business at the AIRPORT without prior approval of the LICENSOR.
3. The sale of LICENSEE's air transportation service for the transport of persons
and property at the AIRPORT.
4. The training at the AIRPORT of persons and testing of aircraft and other
equipment, such training and testing to be limited to such as is incidental to
LICENSEE's scheduled air transportation business.
5. The ground training of personnel in the employ of, under the direction, or
under a service contract with the LICENSEE.
6. LICENSEE shall have the right to purchase or otherwise obtain personal
property of any nature, other than gasoline, fuel and propellants deemed by it to be
required by, or to, LICENSEE's operations, its exercise of the rights herein granted
and its discharge of the obligations herein imposed, from any person, partnership,
firm, association, or corporation it may choose. For charter services, in the event
LICENSEE purchases or takes delivery of gasoline, fuel, or other fluids at the
AIRPORT, LICENSEE expressly agrees to make such purchase from persons
permitted to dispense gasoline, fuel or other fluids at the AIRPORT and to pay all
appropriate fees, including but not limited to, a fuel flowage fee.
7. All repairs, maintenance and overhaul work, testing, washing or storage of
aircraft or other LICENSEE equipment shall be performed only upon those areas
designated by the LICENSOR for such use. LICENSEE may, while its aircraft are
parked on the apron or at the Aircraft Parking Position(s), perform customary fueling
and servicing of aircraft preparatory to loading and takeoff or immediately following
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landing and unloading.
8. LICENSEE, its agents, employees, suppliers, passengers, guests and others
doing business with LICENSEE shall have the right of ingress and egress to and from
the premises and the public use areas /facilities used in connection therewith, over the
AIRPORT property and roadways, subject to rules and regulations governing the use
of the AIRPORT and as same may be promulgated by the LICENSOR from time to
time.
9. LICENSEE agrees for itself, its agents, employees, suppliers, passengers,
guests and other doing business with LICENSEE, that it will not perform any acts or
carry on any practices which would result in the necessity to repair or replace
AIRPORT property, normal wear and tear excluded, or be a nuisance or menace to
other users of the AIRPORT.
10. No motor vehicle(s) shall be operated on any movement area (runway or
taxiway) or on any non - movement area including the service roads, passenger aprons,
cargo aprons, ramps or other non - public areas at the YAT unless approval is obtained
by the Airport Manager.
B. LICENSEE shall observe and comply with any and all applicable Federal, State and
local laws, statutes, ordinances and regulations and shall abide by and be subject to
all reasonable rules and regulations which are now, or may from time to time be,
promulgated by the LICENSOR concerning operation or use of the AIRPORT.
C. LICENSEE shall be responsible for all its expenses in connection with its operation
at the AIRPORT and the rights and privileges herein granted, including without
limitation by reason of enumeration, taxes, permit fees, license fees and assessments
lawfully levied or assessed upon the LICENSEE, and secure all such permits and
licenses.
D. To the extent of its capabilities, LICENSEE agrees to cooperate with the LICENSOR
and /or any other air carrier in dealing with aircraft or airline related emergencies at
the AIRPORT. LICENSEE further agrees to provide the LICENSOR with its current
emergency procedures and to fully cooperate with the LICENSOR and assist in
implementation of the current "Airport Emergency Plan."
E. LICENSEE shall assume all responsibility for the safety and security of all
passengers during operations or while enplaning and deplaning.
F. LICENSEE shall be permitted to negotiate directly with the scheduled airlines to
retain the services of those airline's employees to assist LICENSEE in the operation
of its scheduled air transportation business.
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5. ADDITIONAL RIGHTS AND OBLIGATIONS OF LICENSOR:
A. LICENSOR covenants and agrees that it is in lawful possession of the property
demised hereby and has good and lawful authority to execute this Agreement.
B. Except as herein provided, the LICENSOR agrees that it will, with reasonable
diligence and in a manner consistent with that of a reasonably prudent operator of an
airport of comparable size, develop, operate, maintain and keep in good repair and
order the AIRPORT and all common use and public appurtenances, facilities and
equipment provided by the LICENSOR as the same relates to LICENSEE's scheduled
air transportation business. The LICENSOR agrees that it will operate the AIRPORT
in a manner consistent with standards established by the Federal Aviation
Administration, or any successor Federal agency exercising similar powers for
airports of comparable size and in accordance with rules and regulations of the
Federal Aviation Administration and any other governmental agency having
jurisdiction thereof.
C. The LICENSOR shall have the right to adopt, with agreement from LICENSEE and
enforce reasonable rules and regulations not in conflict with Federal rules and
regulations with respect to the use of the AIRPORT which LICENSEE agrees to
observe and obey.
6. UTILITIES AND MAINTENANCE: LICENSOR shall be responsible for the utilities and
maintenance of the facilities and premises to be used by LICENSEE. In the event
maintenance and /or repairs are necessitated by misuse, abuse, or negligence of the
LICENSEE, its agents or employees; LICENSEE shall be responsible for the cost of such
repairs and /or maintenance.
7. SECURITY:
A. LICENSEE recognizes its obligations for security on the airport as prescribed by the
Department of Homeland Security (DHS)- Transportation Security Administration
(TSA) Regulations, and agrees to employ such measures as are necessary to prevent
or deter the unauthorized access of persons or vehicles on the aircraft operations area.
B. LICENSEE further agrees to abide by reasonable rules and regulations adopted by the
LICENSOR in carrying out the LICENSOR's obligations under TSA Regulations and
other security measures the LICENSOR deems necessary from time to time, for the
proper identification of persons and vehicles entering the aircraft operations area. All
persons entering a sterile area of the AIRPORT must either be screened by security
personnel /devices or be a person authorized by the LICENSOR to enter such area.
C. LICENSEE shall reimburse the LICENSOR in full for any fines or penalties levied
against the LICENSOR for security violations as a result of any action or omissions
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on the part of the LICENSEE, its agents, suppliers, or employees.
8. SPECIAL SECURITY:
A. LICENSOR shall provide during the term hereof, special security in the air
operations area if necessary to meet the obligations of LICENSOR in accordance
with the provisions of the TSA, as amended from time to time, or the corresponding
future provision of any such regulation promulgated by the TSA.
B. The costs and expenses of LICENSOR in providing special AIRPORT security shall
be the responsibility of all scheduled and charter passenger air transportation
companies which now or may hereafter have valid agreements at the AIRPORT or
which serve Yakima on a regular basis, and which are required to utilize, or who
actually utilize said special security services.
C. LICENSEE, in conjunction with other scheduled and charter passenger air
transportation companies which now or may hereafter have valid agreements at the
AIRPORT or which serve Yakima on a regular basis shall be obligated for such costs
and costs shall be computed on the basis of each company's percentage of enplaned
passengers.
D. The pro rata schedule so established shall remain in effect until such time as
LICENSOR issues a revised schedule of the pro rata special security charge binding
upon all such users which revised schedule shall remain in effect until similarly
modified.
9. INDEMNITY/DUTY TO DEFEND:
A. At no expense to LICENSOR, LICENSEE 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 LICENSEE or as a result
of LICENSEE'S operations at the Airport or from any other act or omission of
LICENSEE, its servants, employees, agents, invitees, independent contractors or any
other person acting on behalf of LICENSEE or under its direction, whether such
claim shall be by LICENSEE or a third party; provided, however, that LICENSEE
shall not be liable for any injury, damage or loss occasioned solely by the sole
negligence of LICENSOR, its agents or employees. LICENSOR shall give to
LICENSEE prompt and reasonable notice of any such claims or actions and
LICENSEE shall have the right to investigate, compromise and defend the same to
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the extent of its interest.
B. LICENSOR agrees to defend, indemnify and hold LICENSEE 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 Agreement and the introduction to the premises of such materials due to
LICENSOR'S activities or under its control.
C. LICENSEE shall keep and hold the LICENSOR 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 LICENSEE 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 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 Agreement.
10. INSURANCE: LESSEE shall file with LICENSOR a certificate of insurance, or other proof
of insurance acceptable to LICENSOR, evidencing an insurance policy with the Board of the
YAKIMA AIR TERMINAL - McAllister Field, the YAKIMA AIR TERMINAL - McAllister
Field, the City of Yakima and County of Yakima as additional insured providing:
Comprehensive general liability insurance coverage in amounts of not less than
$10,000,000 Combined Single Limit for bodily injury and property damage covering
LICENSEE's occupancy of and activities pertaining to the Airport.
Not less than 30 days written notice, or other such time period as may be acceptable to
LICENSOR, must be supplied to LICENSOR 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 is admitted in the State of Washington or
other such carriers as shall be acceptable to LICENSOR.
11. DAMAGE OR DESTRUCTION: In the event of damage or destruction of Airport
property caused by the LICENSEE, its agents, employees, aircraft or other equipment,
LICENSEE agrees to repair, reconstruct, or replace the affected property to the condition
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which existed prior to such damage or destruction, to the extent that same is not covered
insurance required under this Agreement. LICENSEE further agrees to cause such repair,
reconstruction or replacement or affected property with due diligence.
12. DEFAULT: LICENSEE shall be in default for any of the following:
A. Any failure to make any payment within time required;
B. Any breach of the obligations of this Agreement;
C. Abandonment or vacation of demised premises during the term of this Agreement.
In the event of default by LICENSEE continuing for thirty (30) or more days, (except three
(3) days in the event of failure to make payment of any sum due when required), after receipt
of written notice from LICENSOR to remedy the same, which notice must specify the
deficiency with reasonable particularity, the LICENSOR, at its option may do any or a
combination of any of the following:
A. Terminate this Agreement at any time;
B. Recover damages for default, whether or not this Agreement is terminated.
Other than any failure to make any payment within the time required, no right granted to or
action on the part of the LICENSOR as above provided shall be of any force and effect if
LICENSEE shall have remedied the default or is diligently proceeding to remedy same, and
if LICENSEE pays LICENSOR'S fees and expenses in attending to preparation for service
and notice, including but not limited to, attorney's fees.
The foregoing remedies shall be in addition to, and shall not exclude, any other remedy
available to either party under law or equity, such as for, but not limited to, business
interruption. The receipt and acceptance by the LICENSOR of rental payments, fees, and
charges as they become due from LICENSEE shall not be construed as a waiver of any right
or remedy the LICENSOR may have under this Agreement.
13. CANCELLATION BY THE LICENSOR: This Agreement shall be subject to cancellation
by LICENSOR upon the occurrence of any one of the following events:
A. The filing of LICENSEE of a voluntary petition in bankruptcy.
B. The institution of bankruptcy proceedings against LICENSEE and the adjudication of
LICENSEE as a bankrupt pursuant to such proceedings conditional upon such
proceedings being instituted after the effective date of this Agreement.
C. The taking by a court of competent jurisdiction of LICENSEE and its assets pursuant
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to proceedings brought under the provisions of any Federal reorganization act.
D. The appointment of a receiver of LICENSEE's assets.
E. The divestiture of LICENSEE's estate herein by other operation of law.
F. The abandonment of LICENSEE of its conduct of air transportation at the AIRPORT
for a period of ninety (90) days.
G. The lawful assumption by the United States Government or any authorized agency
thereof of the operation, control or use of the AIRPORT and facilities, or any
substantial part or parts thereof, in such a manner as substantially to restrict
LICENSEE, for a period of at least ninety (90) days, from operating thereon for the
carrying of passengers, cargo, and property.
H. In addition to the foregoing, all rights, privileges, or interests acquired hereunder by
LICENSEE may, at the option of LICENSOR and following written notice of thirty
(30) days, be suspended or finally terminated if such suspension or termination is
found by LICENSOR, acting in good faith, to be necessary to secure federal financial
aid for the development of the AIRPORT or for the development or promotion of
aeronautical operation thereon.
In any of the aforesaid events, LICENSOR may take immediate possession of the Premises
and remove LICENSEE's effects. Any rental due hereunder shall be payable to the date of
termination.
It is agreed that failure to declare this Agreement terminated upon the default of LICENSEE
for any of the reasons set forth above shall not operate to bar or destroy the right of
LICENSOR to declare this Agreement null and void by reason of any subsequent violation of
the terms of this Agreement.
14. LEGAL CLAIMS AND ATTORNEY'S FEES:
A. Each party hereto shall promptly report to the other any claim or suit against it arising
out of or in connection with the operation of the LICENSEE's air transportation
service at the AIRPORT. The LICENSEE is an independent contractor in every
respect, and not the agent of the LICENSOR.
B. If any legal action is instituted by the parties hereto to enforce this Agreement, or any
part thereof, the prevailing party shall be entitled to recover reasonable attorney's fees
and court costs. Venue of any such legal action shall be commenced and maintained
in Yakima County Superior Court, Yakima, Washington, regardless of LICENSEE's
residence or place of business.
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15. MISCELLANEOUS PROVISIONS:
A. The parties agree that the LICENSOR through its Airport Manager, or other person
authorized by either of them, may enter upon the leased property at any reasonable
time to make such inspections as the LICENSOR may deem expedient to the proper
enforcement of any term, provision or condition of this Agreement; provided, no such
entry and inspection by the LICENSOR is required by this Agreement, and the failure
of the LICENSOR to enter and make inspection shall not alter the relationship of the
parties and their respective rights and duties provided by this Agreement.
B. The LICENSOR may further develop or improve AIRPORT property and facilities as
it deems desirable, regardless of the desire or views of LICENSEE in connection with
any such development or improvement, and without interference or hindrance on the
part of LICENSEE and without liability to LICENSEE.
C. The LICENSOR reserves the right, but shall not be obligated to LICENSEE, 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
LICENSEE in that regard.
D. The LICENSOR reserves the right to take any action deemed necessary or desirable
by the LICENSOR to protect the operations of the AIRPORT against obstruction,
together with the right to prevent LICENSEE 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 the time of war or national emergency, the LICENSOR shall have the right to
lease the landing area or any part thereof to the United States Government for military
use, and, if any such lease is executed, the provisions of this Agreement shall be
suspended insofar as they are inconsistent with the provisions of the agreement with
the United States Government.
F. This Agreement shall be subordinate to the provisions of any existing or future
agreement between the LICENSOR 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 precedent to the expenditure of federal funds for the
development of the AIRPORT, and is further subordinate to applicable rights of
eminent domain.
16. NON - DISCRIMINATION CLAUSE: To the extent required by law, LICENSEE, for
itself, its personal representative, successors in interest and assigns, as a part of the
consideration hereof, does hereby covenant and agree as follows:
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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 LICENSEE's personnel
policies and practices or in the use or operation of LICENSEE's services or facilities.
B. LICENSEE 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
subj ected to discrimination.
C. LICENSEE 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
subj ect to 49 CFR Part 23 as applicable.
LICENSEE 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.
LICENSEE 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.
17. NOTICES: Notice shall be deemed received three (3) days after mailing to either
LICENSOR or LICENSEE at the address below their respective signatures to this Agreement
or such other address as the parties may advise each other in writing.
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18. INTEGRATION: This document embodies the entire Agreement of 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.
19. TIME OF ESSENCE: Time is of the essence of this Agreement.
NOTHING FOLLOWS
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LICENSOR
YAKIMA AIR TERMINAL - McALLISTER FIELD
2406 W. Washington Avenue, Suite B
Yakima, Washington 98903
(509) 575 -6149 - phone
(509) 575 -6185 - fax
Jeff Cutter, Interim City Manager
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that Jeff Cutter 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
By:
Notary Public
Appointment Expires
13
G: \F- drive\ DATA \WORD \LEASE \Charter Airlines -Non Signatory\Xtra Airways
LICENSEE
TEM ENTERPRISES d /b /a XTRA AIRWAYS
121 Alhambra Plaza, Suite 1700
Coral Gables, FL 33134
Phone: 1- 305- 764 -3200
FACSIMILE: 1- 305 -529 -6686
By: Date:
President and Chief Executive Officer
STATE OF
County of
I certify that I know or have satisfactory evidence that Frank J. Visconti signed this instrument, on
oath stated that he was authorized to execute the instrument and acknowledged it as the President
and Chief Executive Officer of TEM Enterprises d /b /a Xtra Airways to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
Date Notary Public
By: Appointment Expires
14
G: \F- drive\ DATA \WORD \LEASE \Charter Airlines -Non Signatory\Xtra Airways
2406 W. Washington Ave, Suite B Yakima, Washington 98903 (509) 575 -6149 (509) 575 -6185 FAX
Rates and Charges
(effective January 1, 2012)
Commercial Scheduled Air Service (signatory airline)
Landing Fee (per 1000 Ibs MLVV) $1.29
Terminal Use (per square foot per year) $24.95
Charter Air Service or Non - signatory airline
Landing Fee (per 1000 Ibs MLVV) $1.65
Terminal Use (per flight) $250.00
Terminal Use (per square foot per year) 32.00
Freight Air Service
Landing Fee (per 1000 Ibs MLVV) $1.29
Other Aircraft - Related Uses
Touch & Go Landings (non -YKM resident) (each) $70.00
Unscheduled Landings (Diversions) (each) $300.00
Terminal Usage (unscheduled landings) (per flight) $250.00
Fuel Flowage (per gallon) $0.090
Land Lease (per square foot per year)
Undeveloped Land — Aeronautical Use $0.18
Undeveloped Land — Non - Aeronautical Use $0.20
Tiedown(monthly) $45.00
Overnight parking (airport ramp) (per night) (`honor box') $3.00
Boarding stairs /equipment usage (each /per flight)
Manual $50.00
Truck $60.00
Per Hour $40.00
ADA lift $60.00
Yat Employee Rate (per hour) $55.00
Terminal Rates (per sq foot per year)
2nd floor $8.50
3rd floor $5.00
Note: MLW is defined as the FAA maximum certificated gross landing weight.
Land lease rate for improved land, ie, YAT owned property and facilities, is determined by appraisal.
The above rates are subject to change; additional charges sich as taxes and assessment may also apply.
The above rates are subject to change. Additional charges such as taxes and assessments may also apply.
Word:budget:rates letter