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R2023-050
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2023
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04. April
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2023-04-04 10:00 AM - Commissioners' Agenda
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R2023-050
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Last modified
4/24/2026 11:01:52 AM
Creation date
4/24/2026 11:01:38 AM
Metadata
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Meeting
Date
4/4/2023
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Request to Approve a Resolution Authorizing Lease Execution between Kittitas County and Pautzke Co. LLC
Order
7
Placement
Consent Agenda
Row ID
101486
Type
Resolution
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COMMERCIAL BUILDING LEASE <br />BUILDING LEASE (hereinafter refened to as the "Lease") is made and entered into <br />as of 2023,by and between PAUTZKE BAIT CO., INC., a Washington <br />corporation (hereinafter referred to as the "Landlord"), <br />Washington (hereinafter referred to as the "Tenant''). <br />and KITTITAS COUNTY, a political subdivision of the State of <br />WIIEREAS, Landlord is the owner of the property described below in Section I and Landlord desires to lease <br />said propeily to Kittitas County. <br />NOW THEREFORE, for and in consideration of the rents reserved hereunder and the terms and conditions <br />hereo{ the Landlord hereby rents, demises and leases to Tenang and Tenant takes and leases from Landlord, the following <br />described Leased Premises all upon the following terms and conditions: <br />1. PREMISES Al{D DEI{ISE. Landlord hereby leases, rents and demises to Tenant, and Tenant hereby accepts <br />from Landlord, subject to and with the benefit of the terms and provisions of ttris Lease, that portion of the Premises located <br />at 201 West Seventh Avenue and203 West Seventh Avenue, Ellensburg Washinglon and legally described on Exhibit <br />A. Tenant acknowledges that Landlord is constructing Tenant's improvements as described in Section 7.2, on the Premises <br />by Tenant once the improvements are completg which is unknown but estimated to be on or before <br />2023. <br />2. TERMANDPOSSESSION. <br />2.1 Lease Commencement Date. As set forth in Section l, Landlord is constructing alterations on the <br />building which will comprise the premises described herein, and the exact date of completion is unknown at the present <br />time. Landlord and Tenant wish to establish the terms and conditions under which the Tenant will take possession of the <br />premises upon completion of the improvements on the Premises and Landlord desires to ensure ttrat once the Premises are <br />iompleted,as provided for herein, that Tenant takes possession ofthe Premises and begins paying rent and other financial <br />obligations olthe Tenant consistent with this lease. When used in this Agreement, the term "Effective Date" (also <br />refened to herein as the ftase Commencement Date) is the date the last party to execute this Agreement executes it as <br />disclosed by the respective date appearing below each party's signature. This lease and all its terms are specifically <br />enforceable by Landlord and by Tenant on and after the Effective Date. <br />2.2 Lease Term. The Lease Term shall conmence on the Possession Date. <br />2.2.1 Possession. Subject to the provisions of S ectionT .2, Landlord shall deliver to the Tenant, and <br />the Tenant agrees to accept from the Landlord, possession of the Premises fourteen (14) days after a certificate of <br />occupancy is issued by the City ofEllensburg or ifno certihcate ofoccupancy is required, then fourteen (14) days after <br />the lural inspections by Landlord and Tenant are completed on the improvements as described herein (ttre "Possession <br />Date"). Possession shall be deemed given when Landlord has delivered keys to the Premises to Tenant. <br />2.2.2 <br />on the Possession Date <br />Rent Commencement Date. Rent shall be paid pursuant to Section 3.2 below commencing <br />2.2.3 Lease Termination Date. Unless extended as provided herein, this Lease shall terminate at <br />midnight (hereinafter referred to as the "Termination Date"), ten (10) years from the Possession Date. In the event <br />Landlord elects to release the property at the expiration ofthe term ofthis Lease, then Tenant shall have flrst right to lease <br />the property and improvements from Landlord under terms then to be negotiated. Tenant may request an early termination <br />of tttis Leaie at anylime after the commencement of ttre 8s year of the Lease term. Tenant shall request early termination <br />by giving the Landlord eight (S) months' written notice of the Tenant's intended early termination. <br />2.3 Surrender of Possession. Tenant shall promptly yield and deliver to Landlord possession of the <br />Premises at the expiration or prior termination of this Lease. Landlord may place and maintain a "For Lease" sign in <br />conspicuous places on the Premises for ninety (90) days prior to the expiration or prior termination of this Lease. <br />Commercial Building Lease <br />Page I of26
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