HomeMy WebLinkAboutAmendment To Lease BrazitisKITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
AGENDA STAFF REPORT
AGENDA DATE: May 3, 2016
ACTION REQUESTED: Approve and Sign an Amendment to Lease with
Stephen P. Brazitis for Road Right of Way
along Vantage Highway.
BACKGROUND:
On June 23, 1981, Kittitas County entered into a
Lease Agreement with Stephen P. Brazitis for a hay
shed which mistakenly encroached five feet upon
the County's right of way on Vantage Highway
when built. This Amendment to Lease establishes a
new lease term with the Lessee for another 20 year
term and puts a verbal agreement between previous
Public Works Director, Paul Bennett and Lessee,
Stephen P. Brazitis into Lease form.
INTERACTION:
Public Works
RECOMMENDATION:
Move to approve & sign the Amendment to
Lease with Stephen P. Brazitis.
HANDLING:
Return 1 Original to Public Works
ATTACHMENTS:
Amendment to Lease
LEAD STAFF: Mark Cook
Public Works Director
KITTITAS COUNTY AMENDMENT TO LEASE
DEPARTMENT OF PUBLIC WORKS
THIS AMENDMENT TO LEASE is made and dated this _ day of
, 2016, by and between Kittitas County, a municipal corporation in the State
of Washington, hereinafter referred to as the LESSOR, and Stephen P. Brazitis, and hereinafter
referred to as the LESSEE.
WITNESSETH:
WHEREAS, LESSOR and LESSEE entered into a Lease on June 23, 1981, a copy of
which is attached hereto and by this reference incorporated herein; and
WHEREAS, said lease expired on June 30, 2001 and at that time a verbal agreement was
made and Lessee has continued to make lease payment at a rate of $15.00 per year.
WHEREAS, it has been agreed between LESSOR and LESSEE that the lease term will be
for 20 years, expiring on October 31, 2021 and at such time the lease can be amended and/or the
building removed from said property.
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties to a change in
rental rates and contract terms as follows:
1) Lease Rates for 07/01/01 thru 10/31/21 Term for the legal description attached as
Exhibit "A" is as follows:
The Lessee shall pay as rental the sum of $15.00 per annum, to be paid in advance
on July 1st of each year during the term.
All other terms and conditions of the aforementioned lease shall remain the same.
Brazitis
Lease Addendum
'TiTAS COUNTY
IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and affixed
their seals the day and year first above written.
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Obie O'Brien, Chairman
Attest:
❑ Clerk of the Board- Julie Kjorsvik
Paul Jewell, Vice -Chairman
❑ Deputy Clerk of the Board- Mandy Buchholz
Laura Osiadacz, Commissioner
Prosecuting Attorney
WSBA #
M,
P. Brazitis
Lease Addendum
KITTITAS COUNTY
EXHIBIT "A"
Legal Description:
The South five (5) feet of the right of way of Vantage Highway, in the East Yz of the
East % of Lot 4, Section 4, Township 17 North, Range 19 East, W.M., Kittitas County,
Washington.
Brands
Lease Addendum
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L E A S E
THIS LEASE, made and dated this C-a� day of
1981, by and between KITTITAS COUNTY, hereinafter r red
to as the Lessor, and .Stephen P. Brazitis hereinafter
referred to as the Lessee. ,
W I T N E S S E T H:
The Lessor herewith grants to the Lessee a lease to
the following described property:
The South Five feet of the right of way of the
Vantage Road, in the East 1/2 of the East 1/2
of Lot 4, Section 4, Township 17 North, Range
19 East, W.M., Kittitas County, Washington,
for a period of twenty (20) years, commencing July 1, 1981,
,and expiring on June 30, 2001.
The Lessee shall pay as rental the sum of $10.00 per
annum, to be paid in advance on July 1st of each year during\
the term.
The Lessee shall be permitted to use the property only
for the purpose of maintaining the present structure, being
a hay shed, which is located thereon. The Lessee shall not
be permitted in any way to improve the present structure, and in
the event the structure is destroyed by fire or otherwise,
the Lessee shall not be permitted to reconstruct the structure
m the leased premises.
The Lessee herein has a grazing permit from the Lessor
,overing that portion of the Vantage Road which is excess. to
.EASE
AGE ONE
(C 00 F
JOSEPH PANATTONI
FITTITAS COUNTY PgOBECU,OB
NITTITAS COUNTY COURT NOOSE - AO 211
ELLENSBURG. WASMINOTON OSS]S
TELEPHONE M .-.
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4 the Road and lying in the East 1/2 of the East 1/2 of Lot
5 4. The Lessee herein owns property south of said description,
6 and has mistakenly encroached five feet upon the County's right
7 of way on the Vantage Road. It is agreed between the parties
8 that the Vantage Road right of way extends 75 feet from
9 the center line to the South boundary of the right of way.
10 It is agreed that this lease may be terminated by the
11 Lessor, upon thirty (30) days written notice to the Lessee, when
12 it is determined by the Lessor that the right of way herein above
13 described is required for road purposes.
14 At the end of the term, if this lease is not renewed,
15 the hay shed shall be removed if so requested by the Lessor.
16 It is agreed between the Lessor and the Lessee that if
17 the Lessee shall at any time be in default in the payment of
18 rent herein reserved, or in the performance of any of the
19 covenants, terms, or conditions of this lease, and the
20 Lessee shall fail to remedy such default within Thirty (30)
21 days after written, notice thereof from the Lessor to the Lessee
22 ac this address written below, the Lessor may, at its option,
23 re-enter the premises and remove theLessee therefrom.
24 DATED thiscac_ day of , 1981.
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26 L E S S O R
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29 Chairman, - o/�
ofili✓s30
County Commissioners
LEASE
PAGE TWO
h�-J / (VI L J JOSEPH PANATTONI
NITTITAS COUNTY PROSECUTOR
RITTITNS COUNTY COURT HOUSE - ROOM 313
ELLENSBURG. WASHINGTON SIU M
TELEPHONE 503 92S969
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STATE OF WASHINGTON
as.
COUNTY OF KITTITAS
16 rL T! SS�.A-7o//Acs/
Memb Board of .ft" as
County Commissioners
Mem �=
bet, Board of Kittitas
County Commissioners
L E S S E E
Address: RF.��// pp,
I, the undersigned, a Notary Public in and for the State of
Washington, do hereby certify that on this day of
, 1981, before me personally appeared BOB
JAMMERMAN, ROY LUMACO, ELIZABETH MCCUNE, each one to me known
to be one of the duly elected, qualified and acting County
Commissioners of Kittitas County, that executed the within
and foregoing instrument and acknowledged the said instrument
to be the free and'voluntary act and deed of said Kittitas
County, Washington, for the uses and purposes therein mentioned,
and each on oath stated that he was authorized to execute said
instrument by resolution of the Board of County Commissioners
of Kittitas County, Washington, and that thgg -,eal affixed is
the official seal of Kittitas Coln
WITNESS my hand and official e 1 hreto £fixed the day
and year first above written.
of
LEASE
?AGE THREE f' /'1. !'� °.`..,,7
�1
residing in Ellensburg
JOSEPH PANATTONI
RITTITAE COUNTY PROSECUTOR
NITTITAS COUNTY COURT HOUSE - ROON 213
ELLENSBURG, WASHINGTON SHIN
TELEPHONE M 92$3368