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HomeMy WebLinkAboutTerminationofLeaseRobertsonKITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS AGENDA STAFF REPORT AGENDA SESSION DATE: May 1, 2018 ACTION REQUESTED: Approve Termination of Lease with Charlie Robertson for T -Hangar No. 8. BACKGROUND: In August of 2010, Kittitas County entered into a lease for T -Hangar No. 8 with Charlie Robertson. In January of this year staff conducted inspections of the T -Hangar units for compliance. Notices of non-compliance were sent out to Lessees whom were in default of the lease terms for storage of non -aeronautical items. Mr. Robertson was sent notice to clean out items of non-compliance and another inspection was to be conducted. No response was made by Mr. Robertson. Staff conducted follow-up inspections in February of this year and said T -Hangar was not cleared of non -aeronautical items. A certified letter was sent to Mr. Robertson, with the letter being returned unclaimed. Mr. Robertson also has a history of maintaining an outstanding balance on his account, making payments on a sporadic basis. His account has not been current since 2016 and at the time of eviction his balance owing is approximately $660.00. INTERACTION: Public Works RECOMMENDATION: Approve the Termination of Lease with Charlie Robertson for T -Hangar No. 8. HANDLING: Return one (1) original to Public Works ATTACHMENTS: Termination of Lease; Lease LEAD STAFF: Mark Cook Director of Public Works **TERMINATION OF LEASE** This Termination of Lease is made and dated this 1 st day of May, 2018, by and between KITTITAS COUNTY, a municipal corporation, hereinafter referred to as the Lessor, and CHARLIE ROBERTSON, hereinafter referred to as the Lessee, WITNESSETH: That Lessor and Lessee entered into a Lease on August 1, 2010, a copy of which is attached hereto and by this reference incorporated herein. That Lessee has failed to adhere to the terms of said lease, specifically chronic Failure to Promptly Pay Rent and Rules and Regulations for T -Hangar 48. That Lessor exercises said rights to terminate the attached lease as stated in the lease terms. THEREFORE, Lessor hereby terminates the attached lease of August 1, 2010, as of April 11, 2018, and Lessee terminates all interest in the property, which is the subject matter of said lease. Dated on this I" day of May, 2018, at Ellensburg, Washington. Attest: ❑ Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Laura Osiadacz, Chairman Obie O'Brien, Vice -Chairman Paul Jewell, Commissioner TEE -HANGAR LEASE KITTITAS COUNTY AIRPORT (BOWERS FIELD) THIS LEASE, entered into this 1st day of August, 2010, between the Kittitas County Airport (Bowers Field), hereinafter referred to as the LANDLORD, and Charlie Robertson, hereinafter referred to as the TENANT. WITNESSETH: 1. DESCRIPTION: The LANDLORD leases unto the TENANT the following premises, hereinafter referred to as the TEE -HANGAR, located at the Kittitas County Airport (Bowers Field) in Kittitas County, State of Washington: T -Hangar Number 08. 2. TERM: The term of this lease shall be one month commencing August 1, 2010, and shall continue from month to month thereafter unless either party gives thirty (30) days notice of termination. 3. RENTAL: The TENANT shall pay monthly, in advance, on the first day of each month, the sum of $125.00. The LANDLORD, as part of this rent, will furnish a padlock and keys to the TENANT. The TENANT will assume liability for any and all leasehold taxes assessed by the County or State. From time to time, the Board of County Commissioners may review the rental charges for the tee -hangar and may establish new rates as the situation dictates. The rent shall be paid to the Department of Public Works without notice or demand. 4. FAILURE TO PROMPTLY PAY RENT: If the TENANT fails to promptly pay his rent when it becomes due, this lease shall be subject to default. Failure of the LANDLORD to send a notice of default for late rental payment shall not be deemed a waiver of said default. Notwithstanding any forbearance of a declaration of default by the LANDLORD, all overdue rent shall bear interest at eighteen (18%) percent per annum or the highest legal rate permissible. 5. FIRE PROTECTION ASSESSMENT In addition to any rental herein provided, the TENANT 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 Kittitas Valley Fire & Rescue to be calculated on January 1st of the current year. The assessment shall be pro -rated monthly, due and payable concurrently with the monthly lease payment. TEE HANGAR NO. 08 6. RULES AND REGULATIONS: The TENANT 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, and may be inspected in the office of the Department of Public Works, 411 N. Ruby, Ste. #1, Ellensburg. In addition, the TENANT specifically agrees to abide by the following tee -hangar rules and regulations: (a) To use the tee -hangar only for aircraft storage purposes. (b) To not store gasoline, explosives, or other inflammable material in the tee - hangar. (c) To use only U.S. Approved electrical tools and equipment in or about the tee - hangar. (d) To not use any open flame devices inside the tee -hangar. (e) To keep the tee -hangar clean and free of debris. (f) To not attach to any part of the tee -hangar any part of a hoisting or holding mechanism. (g) To not paint, remove, modify, bend, drill, cut or otherwise alter or modify any part of the tee -hangar without prior written permission of the Director of Public Works. (h) To not park or leave an aircraft or automobile on the pavement adjacent to the tee -hangar in a manner which unduly interferes with or obstructs adjacent tee -hangars or taxiways. (i) To not conduct any charter, rental, repair or instructional service, or any other commercial activity in or from a tee -hangar without first obtaining permission from the Department of Public Works and obtaining a license to do business on the Kittitas County Airport (Bowers Field). Q) To not lock the tee -hangar with any lock other than the one supplied by the LANDLORD. (k) To not use, or permit the tee -hangar to be used, for any unlawful or offensive purpose which might constitute a nuisance. 7. HOLD HARMLESS: The TENANT agrees to hold the LANDLORD and its agents harmless from any and all claims, liens, penalties, judgements or liability for any injury or death to persons, or damage to property caused by or arising from the use or occupancy of the premises by the TENANT, its agents or representatives. 8. ASSIGNMENT: The TENANT shall not assign this lease or sublet the tee -hangar, or any part thereof, without prior written permission of the LANDLORD. 9. TENANT'S INSPECTION: The TENANT has carefully examined the tee -hangar and accepts it in its present condition. The TENANT assumes the risk of any K TEE HANGAR NO. 08 personal injury or property damages resulting from the condition of, or any patent defects in the premises which could be disclosed by careful inspection. 10. MAINTENANCE AND REPAIR: The maintenance and repair of the tee -hangar structure necessitated by ordinary wear and tear shall be the responsibility of the LANDLORD. Any maintenance or repair of the tee -hangar necessitated by acts of negligence caused by the TENANT, its agents or representatives, shall be the responsibility of the TENANT. The TENANT agrees to promptly notify the Director of Public Works in writing of any unsafe or hazardous conditions which may exist in the tee -hangar. Unless such written notification is given in advance by the TENANT. the LANDLORD will not be responsible to the TENANT for any injuries loss or damage caused by a lack of maintenance or repair, if such maintenance or repair could have cured the patent hazardous condition. Any improvement or alterations made by the TENANT, will become part of the tee -hangar and shall belong to the LANDLORD at time of termination. 11. LANDLORD'S INSPECTION: The Director of Public Works and/or Fire Department personnel will periodically inspect the tee -hangars. A written report will be submitted to the TENANT of any violations, or safety or fire hazards noted. 12. INSURANCE: THE PARTIES HERETO AGREE THAT THIS LEASE IS A LEASE OF STORAGE SPACE ONLY. IT SHALL BE THE TENANT'S RESPONSIBILITY TO INSURE ANY CONTENTS HE ELECTS TO STORE IN THE TEE -HANGAR, INCLUDING BUT NOT LIMITED TO AIRCRAFT, FOR SUCH LIMITS AND COVERAGE AS HE, THE TENANT, MAY DESIRE. THE PARTIES FURTHER AGREE THAT THE CONTENTS STORED IN THE TEE -HANGAR SHALL BE DEEMED TO BE IN THE FULL AND EXCLUSIVE CARE, CUSTODY, CONTROL AND POSSESSION OF THE TENANT AND NOT THE LANDLORD. The TENANT shall provide aircraft liability insurance coverage in an amount not less than: $100,000 - Bodily Injury $300,000 - Property Damage $300,000 - Each Occurrence The TENANT agrees to provide and maintain proof of aircraft liability insurance requirements throughout the term of the lease. The TENANT further agrees that he has received a copy of Resolution No. 88-73 establishing minimum liability insurance requirements at the Kittitas County Airport (Bowers Field) dated September 20, 1988. 13. DEFAULT: If the TENANT shall fail to timely pay his rent, or the TENANT violates any of the terms or covenants of this lease in any manner whatsoever, the LANDLORD may, after giving thirty (30) days written notice of such default, declare this lease cancelled and all the TENANT'S rights therein forfeited. Such notice of 3 TEE HANGAR NO. 08 default shall be given to the TENANT by first-class U.S. Mail, at his last known address, or by posting said notice inside the leased tee -hangar. After a declaration of cancellation and forfeiture has been made, the LANDLORD may immediately, without other notice, re-enter and take possession of the premises, using such force as may be reasonably necessary to remove all persons and property therefrom. The LANDLORD shall not be liable for any loss or damage to property by reason of said forfeiture and re-entry. The TENANT agrees to pay to the LANDLORD a reasonable attorney's fee and costs incurred for the purposes of enforcing any of the provisions of this lease. 14. TERMINATION: This lease may be unilaterally canceled or terminated by either party without reason only after giving the other party thirty (30) days advance notice of such termination. 15. SEVERABILITY: If any provisions of this lease shall be declared invalid or unenforceable, the remainder of the lease shall continue in full force and effect. 16. SURRENDER: Upon termination of this lease by any method, the TENANT will yield up the tee -hangar to the LANDLORD in as good a condition and repair as it is now, ordinary wear and tear accepted. 17. ENTIRE AGREEMENT: This lease contains the entire agreement between the parties and cannot be changed or terminated orally. DATED this day of A",J— 2010. KITTITAS COUNTY �` 6 i / K Carl n irport Hager n TEE HANGAR NO. 08 I have read and understand the foregoing, and acknowledge that copies of all Kittitas County Airport (Bowers Field) rules, regulations, ordinances and minimum standards are available for my inspection in the office of the Department of Public Works, 411 N. Ruby, Ste. #1, Ellensburg, Washington. I will notify the Landlord, or its representatives, of any changes in my address. I acknowledge receipt of lock number KC - together with key. (Lock is already placed at hangar). Address: 201 E. Washington Ave. Ellensburg, WA 98926 (509)859-3616 REQUIRED INFORMATION: Aircraft Registration No. Aircraft Type: '' I /-�- W44:: I � UGC Charlie Robertson, Tenant 5 /-�Z72*6 L-1 r'5�-/�-Y/Ceo Lo