HomeMy WebLinkAboutAddendumtoLeaseMitchell2018KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
AGENDA DATE:
ACTION REQUESTED:
AGENDA STAFF REPORT
March 20, 2018
Approve & Sign a Lease Addendum with Ron and
Sonja Mitchell for County property located at
Bowers Field.
BACKGROUND: On September 1, 1998, Ron & Sonja Mitchell
signed a "Consent to Assignment of Lease" with
Kittitas County. The Mitchells assumed the lease of
Chris & Barbara Williams when they purchased
their hangar.
INTERACTION:
Per RCW 36.34.180 the county is required to
renegotiate these long-term leases every 5 years.
As of October 31, 2017, this lease was up for
renegotiation.
According to Paragraph #3 "Adjustment of Rental"
the County has the right to increase rental rates
provided that the annual rental rate shall not
increase more than 5% of the previous years. We
are proposing to increase the rental rate at 5%.
They are currently at $.066 per square foot, and
with the increase will be at $.069 per square foot.
The lease terminates on November 1, 2022 and
thereafter will be negotiated to reflect current
market rate.
Public Works; Ron & Sonja Mitchell
RECOMMENDATION: Approve & Sign the Addendum to Lease with Ron
& Sonja Mitchell for County property located at
Bowers Field.
HANDLING: Return 1 original to Public Works
ATTACHMENTS: Lease Addendum; Original Lease
LEAD STAFF: Mark Cook, Public Works Director
KITTITAS COUNTY AIRPORT
DEPARTMENT OF PUBLIC WORKS
ADDENDUM TO LEASE
THIS ADDENDUM TO LEASE is made and dated this _ day of
2018, by and between Kittitas County, a municipal corporation in the State of Washington,
hereinafter referred to as the LESSOR, and RON MITCHELL AND SONJA MITCHELL, husband
and wife, and hereinafter referred to as the LESSEE.
WITNESSETH:
WHEREAS, LESSOR and LESSEE signed a Consent to Assignment of Lease on
September 1, 1998, a copy of which is attached hereto and by this reference incorporated herein;
and
WHEREAS, according to the original lease Paragraph 3 "Adjustment of Rental", it states
"After the fifth year, the Lessor shall have the right to increase rental rates as outlined above.
After the tenth year, the Lessor shall have the right to increase rental rates, provided that the
annual rate shall not increase to more than 5% of the previous year's annual rental rate, effective
at the beginning of the tenth, fifteenth and twentieth years of this lease.
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties to a change in
rental rates and contract terms as follows:
1) "Paragraph #2 — Rent" — Rental Rates for 11/01/2017 thru 10/31/2022 Term.
11/01/17 thru 10/31/22 Term
Rental Rate
($.069 per Sq. Ft.)
Not Including Leasehold
Tax*
11/01/17 - 10/31/18
$512.61
11/01/18 - 10/31/19
$512.61
11/01/19 - 10/31/20
$512.61
11/01/20 - 10/31/21
$512.61
11/01/21 - 10/31/22
$512.61
11/01/22
Renegotiate
*The current Leasehold Excise Tax Rate is 12.84%, as determined by the State of Washington and is subject to change.
N1 tchCiI Lease AJdcndilin pqs
All other terms and conditions of the aforementioned lease shall remain the same
IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and affixed
their seals the day and year first above written.
ATTEST:
Clerk of the Board
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Laura Osiadacz, Chairperson
Obie O'Brien, Vice -Chair
Paul Jewell, Commissioner
LESSEE
t
Roc1hell, Owner
���
Sonja 4tc Illi I, Owner
anKITTITAS .UNTYAIRPORT
DEPARTMENT OF PUBLIC WORKS
ADDENDUM TO LEASE
THIS ADDENDUM TO LEASE is made and dated this 162flday of
2012, by and between Kittitas County, a municipal corporation in the State of Washington,
hereinafter referred to as the LESSOR, and RON MITCHELL AND SONJA MITCHELL,
husband and wife, and hereinafter referred to as the LESSEE.
WITNESSETH:
WHEREAS, LESSOR and LESSEE signed a Consent to Assignment of Lease on
September 1, 1998, a copy of which is attached hereto and by this reference incorporated herein;
and
WHEREAS, according to the original lease Paragraph 3 "Adjustment of Rental", it states "
After the fifth year, the Lessor shall have the right to increase rental rates as outlined above. After
the tenth year, the Lessor shall have the right to increase rental rates, provided that the annual
rate shall not increase to more than 5% of the previous years annual rental rate, effective at the
beginning of the tenth, fifteenth and twentieth years of this lease.
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties to a change in
rental rates and contract terms as follows:
1) "Paragraph #2 — Rent" — Rental Rates for 11/01/2012 thru 10/31/2017 Term.
11/01/12 thru 10/31/17
Term
Rental Rate ( $.066 per
S Ft
Leasehold TWRP
r
11/01/12 - 10/31/13
488.20
62.68
11/01/13 - 10/31/14
488.20
62.68
11/01/14 - 10/31/15_
488.20
62.68
11/01/15 - 10/31/16
488.20
62.68
11/01/16 - 10/31/17
488.20
62.68
11/01/17
Rene otiate
Renegotiate
Mitchell Lease Addendum PAGE t
KITTITAS COUNTY AIRPORT
All other terms and conditions of the aforementioned lease shall remain the same
IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and affixed
their seals the day and year first above written.
.QOM\SSIOA�F9S•,•
`P G: i
=o, : o_
cn.
of the Board
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
ABSENT
Alan Crankovich, Chairperson
Oble O'Brien, Vice -Chair
L&L - I-- -
Paul Jewell, Commissioner
LESSEE:
Ron Mitchell, Owner
Sonja Mitchell, Owner
Mitchell Lease Addendum PAGE 2
KITTITAS COUN'rY
51(73iTz1i
All other terms and conditions of the aforementioned lease shall remain the same
IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and affixed
their seals the day and year first above written.
ATTEST:
Clerk of the Board
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Alan Crankovich, Chairperson
Obie O'Brien, Vice -Chair
Paul Jewell, Commissioner
LESS E:
Ron Mitchell, Owner1,1
yj & Q
Jonl chell, Owner
fli'.c;,sil Lease Adtfen�um -. PAGE 2
KITTITAS (._JNTY AIRPORT
MM DEPARTMENT OF PUBLIC WORKS
u x,01011 V n t--
ADDENDUM TO LEASE
THIS ADDENDUM TO LEASE is made and dated this c;2-A4/'day of OL-/VbLt i
2007, by and between Kittitas County, a municipal corporation in the State of Washington,
hereinafter referred to as the LESSOR, and RON MITCHELL AND SONJA MITCHELL, husband
and wife, and hereinafter referred to as the LESSEE.
WITNESSETH:
WHEREAS, LESSOR and LESSEE signed a Consent to Assignment of Lease on
September 1,1998, a copy of which is attached hereto and by this reference incorporated herein:
and
WHEREAS, according to the original lease Paragraph 3 "Adjustment of Rental", it states "
After the fifth year, the Lessor shall have the right to increase rental rates as outlined above. After
the tenth year, the Lessor shall have the right to increase rental rates, provided that the annual rate
shall not increase to more than 5% of the previous years annual rental rate, effective at the
beginning of the tenth, fifteenth and twentieth years of this lease.
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties to a change in
rental rates and contract terms as follows:
1) "Paragraph #2 — Rent" — Rental Rates for 11/01/2007 thru 10/31/2012 Tenn
11/01/07 thru 10/31/12
Term
Rental Rate f $.063 per
Sq Ft
Leasehold Tax
Total Per Year
11/01/07 - 10/31/08
466.00
59.84
525.85
11/01/08 - 10/31/09
466.00
59.84
525.85
11/01/09 - 10/31/10
466.00
59.84
525.85
11/01/10 - 10/31/11
466.00
59.84
525.85
11/01/11 - 10/31/12
466.00
$59.84
525.85
11/01/12
Reneotiate
Renegotiate
Rene otiate
2) "Paragraph #5 — Fire Protection Assessment" — will read as follows:
In addition to any rental herein provided, the Lessee shall pay a fee which shall be in
lieu of taxes for fire protection services. The annual rate shall be based upon the
annual fire assessment determined by the Kittitas County Assessor and Fire District #2
to be calculated on January 1s` of the current year. The assessment shall be due and
payable concurrently with the lease payment or through Personal Property Taxes.
All other terms and conditions of the aforementioned lease shall remain the same
IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and affixed their
and year first above written.
,0 -
SEAL I
0'SEALI
7� c
Jerk of� /
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Alan Crankovich, Chairperson
David B. Bowen, Vice -Chair
OPPOSED
Mark McClain, Commissioner
LESSEE: /
Ro_n Mitchell, Owner
Sara Mit h 11 Owner
KITTITA$ r „oi., Y AIRPORT RECEIVED
DEPARTMENT OF PUBLIC WORKS
ADDENDtf VCTQ 4E)@gg
AND CONSENT TO ASSIGNMENT
XIRnAS COUNTY
DEM. OF PUBLIC WORrs
THIS ADDENDUM TO LEASE is made and dated this I qday of Se p+fytt,bl r-
1998,
1998, by and between Kittitas County, a municipal corporation in the State of Washington,
hereinafter referred to as the LESSOR, and CHRIS WILLIAMS and BARBARA R. WILLIAMS,
husband and wife, and hereinafter referred to as the LESSEE.
WITNESSETH:
WHEREAS, LESSOR and LESSEE entered into a Lease on November 6, 1997, a copy
of which is attached hereto and by this reference incorporated herein; and
WHEREAS, said lease contains a provision on Page 6 "Assignment" which provides as
follows:
"The Lessee shall not assign this lease or sublet any portion thereof without first
obtaining the written consent of the Lessor, which written consent will be
evidenced by passage of a resolution assigning the lease."
and;
WHEREAS, LESSEE owns the aircraft hangar located upon the leased property; and
WHEREAS, LESSEE has entered into a sale agreement with Ron Mitchell and Sonja
Mitchell, husband and wife, for the sale of the aircraft hangar, and
WHEREAS, LESSEE is requesting the consent of LESSOR to the assignment of the lease
to Ron Mitchell and Sonja Mitchell, husband and wife.
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties that the
LESSOR consents to an Assignment of the above described Lease to Ron Mitchell and Sonja
Mitchell, husband and wife.
That all other terms and conditions of the aforementioned lease shall remain the same.
IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and affixed
their seals the day and year first above written.
MIDSTATE AVIATION LEASE
PAGE 1
K!TTITAS COUNTY
AIRPORT
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Chai�rperso/
Commissioner
Commissioner
ACC PTED: LESS E:
&tl IA -
Ron Mitchell C !s Williams
r
Sonja Mit h II Barbara R. Williams
CONSENT TO ASSIGNMENT OF LEASE PAGE 2
KITTITAS ITY AIRPORT ORIGINAL
DEPARTMENT OF PUBLIC WORKS
L'cASE
THIS LEASE made and entered into this mac— day of _N ch;ie n,0 ,� , 1997, by and
between Kittitas County, a municipal corporation in the State of Washington, hereinafter
referred to as the LESSOR, and CHRIS WILLIAMS and BARBARA R. WILLIAMS,
husband and wife, or his heirs and assigns, hereinafter referred to as the LESSEE.
WITNESSETH:
The Lessor hereby agrees to lease to the Lessee, and the Lessee hereby
agrees to lease from the Lessor, the real property described as follows:
That portion of the Southwest Y. of the Southeast 'Y, of Section 24, Township
18 North, Range 18 East, W.M., located at the Kittitas County Airport
(Bowers Field), said property being within Kttitas County, State of
Washington, described as: Beginning at the intersection of Bowers and
Piper Roads; thence South 88°12'30" East along the centerline of Bowers
Road 1023.40 feet; thence North 1 °47'34" West 30.00 feet to the northerly
right-of-way of said Bowers Road and the True Point of Beginning; from the
True Point of Beginning North 88°12'30" East for 70.00 feet; thence North
01047'30" West for 105.7 feet; thence South 88012'30" West for 70.00 feet;
thence South 01047'30" East for 105.67 feet to the Point of Beginning.
Containing 7,396.90 sq.ft., more or less
This lease is made in accordance with RCW 36.34.
TERM: The term of this lease shall be for twenty-five (25) years and will commence
on the 1 st day of November, 1997, and terminate on the last day of October, 2022, except
as provided hereunder.
Failure to comply with the terms of this Lease by the Lessee may be sole cause for non-
renewal or termination of this Lease by the Lessor, and such other remedies as are
available to the Lessor.
RENT: Rent shall be paid in advance on an annual basis, with the first payment due
on or before the 1 st day of November of each year beginning in 1997, and continuing
thereafter until termination of this lease. The rental for each year shall be as follows:
WILLIAMS LEASE - - --
PAGE 1
KITTITAS COUNTY AIRPORT
Rental Periods
Annual Monthly
11/01/97 to 10/31/02
$378.00 $31.50
11/01/02 to 10/31/07
$441.00 $36.75
11/01/07 to 10/31/12
To be negotiated
11/01/12 to 10/31/17
To be negotiated
11/01/17 to 19/31/22
To be negotiated
Alternatively, the lease payment may be paid in monthly installments equal to 1/12
of the annual lease amount. Said monthly installments shall be paid in advance and are
due no later than the 25th day of each foregoing month.
ADJUSTMENT OF RENTAL: After the fifth year, the Lessor shall have the right to
increase rental rates, as outlined above. After the tenth year, the Lessor shall have the
right to increase rental rates, provided that the annual rental rate shall not increase to more
than 5% of the previous year's annual rental rate, effective at the beginning of the tenth,
fifteenth and twentieth year of this lease..
The appraised value of land and improvements shall be as determined by the
Kittitas County Assessor according to the last previous appraisal.
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, but the arbitrator cannot reduce the rate. Both parties
shall be bound by the decision of the arbitrators. The cost of arbitration shall be borne by
the Lessee.
LEASEHOLD TAX: In addition to any rental herein provided, the Lessee shall pay
to the Lessor the leasehold tax as set forth by the State of Washington in Chapter 61, Laws
of 1976, Second Executive Session (R.C.W. 82.29A) or as amended. The tax shall be due
and payable at the same time the rental charged herein is due and payable.
FIRE PROTECTION ASSESSMENT: In addition to any rental herein provided, the
Lessee shall pay an annual fee which shall be in lieu of taxes for fire protection services, a
sum equal to $1.00 (plus any special levies of the Fire District which has received voter
approval) per $1,000.00 of appraised value of land and improvements of the leased
premises. The value of the leased premises shall be determined by the Kittitas County
Assessor. This fee shall be due annually each and every year during the term and shall be
due and payable on the 1 st day of March of each year.
UTILITIES: The Lessee shall pay for extension of and all utility services supplied to
the premises. Any such extensions shall be subject to the advance review of the Lessor.
WILLIAMS LEASE
PAGE 2
KITTITAS COUNTY AIRPORT
PURPOSE: The Lessee shall utilize the premises primarily for an aircraft hangar for
non-commercial aircraft storage and maintenance at least seven (7) months out of each
calendar year. The land and any improvements are for non-commercial uses only, Lessee
shall not conduct any type of commercial activity from said premises, without first obtaining
the prior written approval of the Department of Public Works.
RULES AND REGULATIONS: The Lessee agrees to comply with all pertinent rules
and regulations of the federal, state and local governments, as well as the rules,
regulations, ordinances, and minimum standards of the Kittitas County Airport (Bowers
Field), as are presently in effect and may in the future be adopted. The rules, regulations,
ordinances and minimum standards of the Kittitas County Airport (Bowers Field) are made
a part of this Agreement and shall have the same effect as though written herein. A copy of
the Kittitas County Airport Standards is on file in the office of the Kittitas County Department
of Public Works.
CONSTRUCTION: The Lessee shall have the right, during the term of this lease, to
maintain and/or improve the Lessee's existing aircraft hangar. Any additions to the structure
shall conform to required minimum setbacks as determined by the Kittitas County Building
Department. Prior to construction, the Lessee shall submit a written plan and specifications
for the construction work, including any proposed extension of utilities, and said
improvements shall not be constructed without said plans having first been approved, in
writing, by the Lessor's Director of Public Works and the Director of the Building
Department.
The existing improvements and any future improvements (except for fencing,
surfacing and utility lines) upon the leased premises shall belong to the Lessee and shall
be removed within thirty (30) days at the expiration of the term of this lease or any
subsequent term of this lease. Failure to remove shall cause said improvements to become
the property of the Lessor. All costs for such removal, including costs to remove debris
from the site, repair any damages, and provide tie offs for utility connections to the
satisfaction of the Lessor, shall be the sole responsibility of the Lessee.
In the event the Lessee is directed to remove said building and improvements, the
work shall be completed within thirty (30) days of the termination of the lease. The Lessor
shall provide the Lessee notice in writing at least 30 days prior to the termination of the
Lessor's intent for such removal. In the event notice is not given, or the Lessee fails to
complete such removal within the prescribed time limits, the building and other
improvements shall become the property of the Lessor and any removal costs shall be
assessed the Lessee.
REPAIRS: The maintenance and repair of the proposed hangar structure and other
improvements shall be the responsibility of the Lessee, including utilities within the leased
area.
The Lessee further agrees that it will not commit waste and that it will keep said
premises in a safe, sanitary, neat, presentable, and otherwise good condition, and in
general shall comply with all the applicable governmental rules, ordinances and regulations
as may be required or imposed by such authorities on said premises and shall comply with
WILLIAMS LEASE
PAGE 3
KITTITAS COUNTY AIRPORT
any direction pursuant to law of any public officer or officers who shall be empowered to
enforce local, state and federal rules, regulations and ordinances upon the Lessee with
respect to the said premises or the use, occupancy, or control thereof and shall not suffer
any improper or offensive use of said premises.
AREA MAINTENANCE: Lessee shall, during the term of this lease, maintain the
area between the building and boundary line of said lease to the satisfaction of the Lessor.
The area shall be kept free of all debris, weeds and brush for the term of this lease.
Lessee shall reimburse the Kittitas County Weed Authority or Kittitas County Department of
Public Works for any costs incurred in the event that the County Weed Authority or Kittitas
County Department of Public Works undertakes noxious weed or vegetation control
measures.
INSURANCE: The Lessee shall obtain and maintain in force during the term of this
agreement a liability insurance policy, which provides protection for bodily injury (including
death) and -property damage. Said insurance shall provide coverage by the Lessee to any
employees or permittees of the Lessee, and shall name the Lessor as coinsured.
Pursuant to Resolution No. 88-73, or as may be amended hereafter, liability
insurance policy shall have the following provisions, at a minimum:
1. Premises and leased area liability coverage in an amount not less than
$100,000 - bodily injury; $300,000 - property damage; $300,000 - each occurrence.
2. Provide for not less than thirty (30) days advance written notice to Kittitas
County regarding any material change or termination of the policy.
Lessee hereby releases Lessor of and from every and all right, claim and demand
that Lessee may hereafter have against Lessor, its successors or assigns, arising out of or
in connection with any loss or losses occasioned by fire and such items as are included
under the normal extended coverage clauses of insurance policies, and does hereby waive
all rights of subrogation in favor of insurance carriers against Lessor arising out of any
losses occasioned by fire and such items as are included under the normal extended
coverage clauses of fire insurance policies, and sustained by Lessee in or to the said
premises and leased area.
The Lessee shall provide the Lessor with a copy of said policy.
AIRPORT TRAFFIC: It is understood and agreed that the Lessee's use of said
premises and leased area shall not in any manner interfere or restrict the use of aircraft
landings, take -offs, or storage of aircraft as the airport is presently constructed. Lessee
shall comply with all rules and regulations of the Federal Aviation Administration,
Washington State Department of Transportation Aeronautics Division, and the Kittitas
County Airport Standards.
HUNTING: Hunting or discharging of firearms will not be permitted on or from said
premises or leased area.
WILLIAMS LEASE
PAGE 4
KITTITAS COUNTY
AIRPORT
NOTICES: Any notice given by one party to the other in connection with this
agreement shall be in writing and shall be sent by certified or registered mail, return receipt
requested as follows:
1. If to Lessor, addressed to:
Kittitas County Department of Public Works
205 W. Fifth, Room 108
Ellensburg, Washington 98926
2. If to Lessee, addressed to:
Chris Williams
P.O. Box 36
Ellensburg, WA 98926
(Physical address is Angford Drive, Ellensburg, WA 98926)
Notice shall be deemed to have been received on the date of receipt as shown on
the return receipt.
Notice need be sent to but one Lessee where the Lessee is more than one person.
ATTORNEY FEES: In case Lessor shall bring suit to recover any rent due
hereunder, or for breach of any provision of this lease, or to recover possession of the
leased premises, or if Lessee shall bring any action for any relief against Lessor,
declaratory or otherwise, arising out of this lease, the prevailing party shall recover
reasonable attorney fees which shall be determined and taxed by the court as part of the
costs of such action.
RIGHTS OF THE U.S. GOVERNMENT: The Lessor holds title to the property
herein leased, partially by virtue of a deed from the United States Government. A copy of
said deed is available for inspection at the office of the Kittitas County Department of Public
Works, hereto and made a part of this instrument as though fully set forth herein. Lessee
agrees that it will do nothing which will cause the Lessor to be in violation of the terms of
said deed. Lessee furthermore agrees that it has had ample opportunity to review said
deed and is aware of all of the terms and conditions therein.
AFFIRMATIVE ACTION: The Lessee assures that it will undertake an affirmative
action program as required by 14 CFR Part 152, Subpart E., to insure that no person shall,
on the grounds of race, creed, color, national origin or sex, be excluded from participating in
any employment activities covered in 14 CFR Part 152, Subpart E. The Lessee assures
that no person shall be excluded on these grounds from participating in, or receiving the
services or benefits of, any program or activity covered by this subpart. The Lessee
assures it will require that its covered suborganizations provide assurance to the Lessor
that they similarly will undertake affirmative action programs and that they will require
WILLIAMS LEASE --- -
PAGE 5
KITTITAS COUNTY AIRPORT
assurances from their suborganizations as required by 14 CFR Part 152, Subpart E, to the
same effect.
ASSIGNMENT: The Lessee shall not assign this lease nor sublet any portion
thereof without first obtaining the written consent of the Lessor, which written consent will
be evidenced by passage of a resolution assigning the lease.
HOLD HARMLESS:- The Lessee hereby agrees to indemnify and hold harmless the
Lessor from any and all claims or demands whatsoever arising out of any loss, damage, or
injury to persons or property resulting from the Lessee's use or occupancy of said premises
and leased area, or caused by the acts or neglect of the Lessee, his agents or employees.
BANKRUPTCY: It is further agreed and understood that in case of the insolvency or
bankruptcy of the Lessee, or any assignment for the benefit of creditors or the appointment
of a receiver for the Lessee, this lease shall be immediately forfeited and shall be of no
further force and effect, and that the Trustee in Bankruptcy, Receiver, or Assignee for the
benefit of creditors shall not have any rights whatsoever in the demised premises.
DEFAULT: In the event the Lessee shall fail to comply with any of Lessee's
commitments, duties or responsibilities under this lease, or any of its conditions or terms as
herein stated, the Lessor may terminate this lease by giving thirty (30) days written notice of
the conditions or terms being violated. If said failures are not corrected within the thirty (30)
day period, this lease may be terminated and the Lessor shall be entitled to peaceably
retake possession of the premises, provided the Lessee shall have the right to remove
improvements as herein provided.
WAIVER: No assent, express or implied, by the Lessor to any breach of any of
Lessee's covenants, agreements, conditions or terms hereof shall be deemed or taken to
be a waiver of any succeeding breach of any covenant, agreement, condition or term
hereof.
VENUE. In the event of any litigation between lessor and lessee arising out of this
lease, the venue for such action shall lie in Kittitas County, notwithstanding any contrary
provision of the Revised Code of Washington.
APPLICABILITY The covenants, agreements, terms and conditions contained in
this lease shall apply to and be binding upon Lessor and Lessee and their respective heirs,
executors, administrators, successor and assigns.
WILLIAMS LEASE
PAGE 6
Kr TITAS COUNTY
AIRPORT
IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and
affixed their seals the day and year first above written.
Approved as to form:
Prosecuting Attorney
LESSOR:
60ARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Com issioner
Commissioner
LESSEE:
Ute' v
Chfiswimants
Barbara R. Will ams
WILLIAMS LEASE PAGE 7
KITTITAS COUNTY
AIRPORT
IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and
affixed their seals the day and year first above written.
ATTEST:
Clerk of the Board
D OF COUNTY COMMISSIONERS
AS COUNTY, WASHINGTON
Commissioner
LESSEE:
Chris Williams
Barbara R. Williams
WILLIAMS LEASE - --
PAGE 7