2021-10-25-minutes-public-works-study-session

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UIGINAL THIS LEASE is made and dated this 1" day of December, 2011, by and between KITTITAS COUNTY, a municipal corporation in the State of Washington, hereinafter referred to as the LESSOR, and TWIN CITY FOODS, INC., hereinafter referred to as the LESSEE. The LESSOR herewith agrees to let unto the LESSEE, and the LESSEE herewith agrees to lease from the LESSOR, the following described real property situated at the Hanson Pit, Kittitas County, Washington, to -wit: Beginning at the southeast comer of county owned land in the southwest 1/4 of Section 13, Township 17 North, Range 18 East, W.M.; thence north 25'36' west 1047.5 feet; thence south 71" 00' west 1307,8 feet; thence south 21'40' west 237.7 feet; thence south 60' 36' east 159.8 feet; thence south 49' 21' east 274.5 fret; thence south 88` 26' east 1428.6 feet to the true point of beginning. Area described contains 25 acres more or less 1) TERM: That the term of this lease shall be for TEN (10) years, but will require re negotiation at the end of five (5) years, and will commence on the 1st day of December, 2011, and shall terminate on the 30" day of November, 2021. 2) RENT: That as rental for said premises the LESSOR shall receive and the LESSEE shall pay for each lease year plus all applicable taxes, assessments and utilities, payable as follows: $3585.40 plus leasehold tax, payable in advance on the first day of December each year. 3) ADJUSTMENT OF RENTAL: Pursuant to RCW 36.34.180 after the fifth year, the Lessor shall have the right to readjust the rent on or before November 30" of the fifth year of this lease; provided, however that any increase shall NOT EXCEED THE CUMULATIVE EFFECT OF THE CPI INDEX OVER THE PREVIOUS FIVE YEARS. If the Lessee does not agree with the proposed rental rates for the subsequent five-year term, the Lessee may request arbitration. If the Lessee elects to arbitrate, the Lessee shall select one arbitrator and the Lessor shall select one arbitrator and the two so chosen shall select a third arbitrator. The arbitrators shall have the authority to increase the rent or continue the previous rental rate, and both parties shall be bound by the decision of the arbitrators. The cost of arbitration shall be home by the Lessee. It is understood by Tenant that this lease is for a ground lease for Agricultural production only. 4) LEASE TERMINATION: It is understood and agreed that the real property, which is the subject matter of this lease, is presently zoned Agricultural — "Ag -20" — under the Kittitas County Zoning Code. it is also understood that Kittitas County is presently evaluating use of the subject land whether within the present or any revised zoning code and that such evaluation may determine a higher and better use for subject real property. Pd8E1