DNR H-1 Lease Agenda Staff Report

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so paid on or before the first day of each renewal year. All Rent shall be paid to LESSOR, without deduction or offset, in lawful money of the United States of America, at 411 North Ruby Suite #1, Ellensburg, WA 98926, or at such other place as LESSOR may from time to time designate in writing. If the Lease Term commences or expires on a day other than the last day of a calendar day of the year, the Rent for such year shall be prorated based upon a 365-day year. 4.2.3 LESSOR shall first apply any sum paid to past due rent (beginning the most recent amount due), including late fees and interest as provided herein. No statement on any check or elsewhere shall be deemed to create an accord and satisfaction. LESSOR may accept any payment (including but not limited to, past due amounts and related charges) without prejudice to LESSOR’s rights to any default under this Lease. If any check paid on behalf of LESSEE is dishonored by a bank, LESSEE shall pay all charges that the bank may assess to LESSOR plus a service charge of Fifty Dollars ($50.00) per occurrence. LESSEE shall make payments to LESSOR at the address set forth in Section 13.7 (or such other address as LESSOR may designate in writing from time to time. 4.3 Past Due Amounts: If LESSEE fails to pay the annual rent when due under this Lease, such unpaid amount shall bear interest at the rate of twelve percent (12%) per annum from the due date of such amount to the date of payment in full, with interest. 4.4 Rent Adjustments: Rent shall be adjusted throughout the Term and Option Terms of this Lease as follows: 4.4.1 1. Annual Rent Adjustment (Inflation Indexing): Beginning on the first anniversary of the Lease Commencement Date, Annual Ground Rent shall be increased 3.5% (three and one-half percent) each year from the previous year rent amount. 5. USE: LESSEE agrees that it shall use the Premises for the purposes of operating all associated tasks relating to the business of the Washington State Department of Natural Resources. 5.1 No Unauthorized Use: LESSEE and LESSEE’s Associates, shall use the PREMISES and the Airport only for purposes that are expressly authorized by this LEASE and not prohibited by state, federal and local laws and regulations. LESSEE AND LESSEE’S associates shall not engage in any unauthorized uses, including, but not limited to: engaging in or knowingly allowing any unsafe or hazardous activity, practice or condition to exist on or about the PREMISES. All uses must be consistent with airport policy and county code as currently existing or hereafter amended.