HomeMy WebLinkAboutLease BrazitisAGENDA DATE:
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
AGENDA STAFF REPORT
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:
INTERACTION:
RECOMMENDATION:
HANDLING:
ATTACHMENTS:
LEAD STAFF:
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.
Public Works
Move to approve & sign the Amendment to
Lease with Stephen P. Brazitis.
Return 1 Original to Public Works
Amendment to Lease
Mark Cook
Public Works Director
KITTITAS COUNTY AMENDMENT TO LEASE
DEPARTMENT OF PUBLIC WORKS
THIS AMENDMENT TO LEASE is made and dated thiS ~ay 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.
WIT N E SSE T H:
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 1 st of each year during the term.
All other terms and conditions of the aforementioned lease shall remain the same.
Brazitis
Lease Addendum PAGE 1
KITTITAS COUNTY
IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and affixed
their seals the day and year first above written .
Prosecuting Attorney
WSBA # ______ _
Brazitis
Lease Addendum
LESSOR:
Paul Jewell, Vi -airman
~SSioner
PAGE 2
KITTITAS COUNTY
Brazitis
EXHIBIT "A"
Legal Description:
The South five (5) feet of the right of way of Vantage Highway, in the East % of the
East % of Lot 4, Section 4, Township 17 North, Range 19 East, W.M., Kittitas County,
Washington.
Lease Addendum PAGE 3
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LEA S E
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THIS LEASE, made and dated this ~ day of ~'''''''
1981, by and between KI~ITAS COUNTY, hereinafter r red
7 to as the Lessor, and . Stephen P. Brazitis , hereinafter
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referred to as the Lessee.·
WIT N E SSE 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 durin~
the term.
The Lessee shall be permitted to use the property only
for the purpose of maintaining the gresent structure, being
a hay shed, which is located thereon •. The Lessee shall not
be pe'rmitted in any way to improve the present structure, and in
the event the structure is destroyed by fire or otherwise,
the ~essee shall not be permitted to reconstruct the structure
on the leased premises.
The Lessee herein has a grazing permit from the Lessor
covering that portion of the Vantage Road which is excess to
LEASE
PAGE ONE
JOSEPH PANATTQNI
IIITTIT AS COUNTY 'IIOSECUTOR
KITTITAS COUNTY COI,JRT HOUSE· ROOIoI 213
ELLENSBURG, WASHINGTON ... 21
TELEPHONE 5C)II 125-53Iie
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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'sright
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 f~om the Lessor to the Lessee
22 ac this address written below, the Lessor may, at its option,
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re-enter the premises and remove
DATED this ~ day of
L~SE
PAGE TWO
the Lessee therefrom.
-"T~=->"';;;;-'='--'-==---' 1981.
L E S S 0 R
Kittitas County
Cha~rman, Bo ~ Kittitas
County Commissioners
JOSEPH PANATTONI
KITTITAS COUNTY PROSECUTOR
KITTITAS COUNTY COURT HOUSE · ROOM 213
elLENSBURG, WASHINGTON 8B826
TELEPHONE 508 825·5369
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STATE OF WASHINGTON
ss.
COUNTY OF KITTITAS
~ltd~ Memb; Board· of K~ t1 ttas
County Commissioners
L E SSE E
hatr2
Address: /t13 fa.?'? I?.£)~
44-,.,.6df'U l?S #/}?5/i
I, the undersigned, a Notary Public in and for the State of
Washington, do hereby certify that on this ~~D day of .J Wt......JE-, 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 the eal affixed is
the official seal of Kittitas Count •
WITNESS my hand and official e 1 h ffixed -the day
and year first above written.
~n and tor the State
, residing in Ellensburg.
30 LEASE
PAGE THREE
JOSEPH PANATTONI
KITTITAS COUNTY PROSECUTOR
KITTITAS COUNTY COURT HOUSE -ROOM 213
ellENSBURG, WASHINGTON 18926
TELEPHONE 5011 '25-5369