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05/04/06 14:19 FAX 6094639349 COLUMBIA BASIN RR 0002
<br />THE DURLTNGTON NORTILERN AND SANTA FE RAILWAY COMPANY
<br />MEFINITE TERM LEASE
<br />LAND # 524313
<br />THIS LEASE made this 20'h day of April, 1999, between The Burlington Northern and Santa Fe Railway
<br />Company, a Delaware corporation, hereinafter called "lessor", and Kittitas County Sheriffs Department, whose post
<br />office address is 205 West 5 Street, Ellensburg, WA 98926, hereinafter called "Lessee
<br />WVNESSETH:
<br />In consideration of the covenants hereinafter contained to be kept and performed by Lessee, Lessor hereby
<br />leases to Lessee upon the terms and conditions hereinafter set forth the following described Property ("Property
<br />situated in the City of Ellensburg, County of Kittitas, State of Washington;
<br />As shown on attached print marked Exhibit "A", dated April 13, 1999 and made a part hereof.
<br />1. This lease shall commence on June 1, 1999, and may be' terminated. by either party, at any time, by
<br />serving at least thirty (30) days' written notice of termination upon the other party, and upon expiration of the tame
<br />specified in such notice, this Lease and all rights of Lessee shall absolutely cease, Upon any such termination,
<br />Lessor shall retain as a charge for use of the Property, a mlmitnum sum equal to three (3) months rental, and any
<br />excess unearned portion of the annual rental paid In advance shall be refunded to Lessee.
<br />2. Lessee shall use and occupy said Property for the sole and exclusive purpose of maintaining and
<br />operating thereon an access road and storage facility. Lessee shall respond to Lessor's reasonable inquiries regarding
<br />tho use or condition of the Property, and Lessor may enter the Property at reasonable times to check on same.
<br />3. (a) Lessee shall pay rent of Six Hundred and N0/100 Dollars ($600.00), in advance, as rental for said
<br />�— property, payable annually. Lessor reserves the right to change rental rates as conditions warrant. Billing or
<br />acceptance by Lessor of any rental shall not imply a definite term or otherwise restrict either party from canceling
<br />this Lease as provided herein. Either party hereto may assign any receivables due It under this .Lease, provided,
<br />however, such assignments shall not relieve the assignor of any of its rights or obligations under this Lease.
<br />(b) Commencing on the fast annual rental anniversary date and continuing on all succeeding annual
<br />anniversaries, the base rental shall be adjusted in accordance with the changes in the Consumer Price Index indicated
<br />in the column'for Urban Wage Earners and Clerical Workers, U.S. city average (hereinafter called the "Index'),
<br />published by the Bureau of Labor Statistics, U.S. Consumer Price Index from the base Index number (Le., the index
<br />number current on the date of this Lcese, or the Index number from the preceding year, whichever. Is more -current) to
<br />the current index number.
<br />If publication of the Consumer Price Index shall be discontinued, the parties hereto shall thereafter use in its
<br />place comparable statistics on the cost of living for Urban Wage Earners and Clerical Workers, as they shall be
<br />computed and published by an agency of the United States or by a responsible financial periodical of recognized
<br />authority then to be selected by the Lessor.
<br />(c) The rental shall be subject to further revision annually or at discretion of Lessor to adjust same to a
<br />Air market value basis.
<br />(d) Lessee acknowledges that Lessor may utilize a rental collection system involving direct deposit of
<br />monies received through financial institution selected by Lessor, which precludes Lessor's ability to exercise
<br />rejection of a rental payment before Lessee's check is cashed, Lessee agrees that as a condition of Lessor granting
<br />this Lease, Lessee hereby waives any right it may have =der law to force continuation of this Lease due to Lessor
<br />having accepted and cashed Lessee's rental remittance. Lessor shall have the option of rejecting Lessee's payment by
<br />refunding to Lessee the rental amount paid by X.ossee, adjusted as set forth in this Lease, and =forcing the
<br />termination provisions of this Lease.
<br />(e) Payment of rental specified herein is subject to a late payment charge of one and one-half percent
<br />(1S%) per month (1896 per annum), or such lesser amount permitted*by law, on balance past due over thirty (30)
<br />days. This shall also apply to any balance due under paragraph 8 hereof.
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