HomeMy WebLinkAboutLease AddendumKITTITAS COUNTY AIRPORT
DEPARTMENT OF PUBLIC WORKS
ADDENDUM TO LEASE
THIS ADDENDUM TO LE AS E is made and dat ed this 2./ ~day o f JU .. /t--L-v
2016, by and between KITTITAS COUNTY, a municipal corporation in the State of Washington,
hereinafter referred to as the LESSOR, and TERESA ANN SLOAN AND JAMES M. FOODE,
and hereinafter referred to as the LESSEE.
WIT N E SSE T H:
WHEREAS, LESSOR and LESSEE entered into a Assignment of Lease (prior lessee-
Jack Dugan) on January 5, 2010 a copy of which is attached hereto and by this reference
incorporated herein; and
WHEREAS, according to 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 6/01/2016 thru 5/31/2021 Term.
6/01/16 -5/31/21 Previous Rental Rate Rental Rate
Term (i.066 ~er Sg. Ft} (i .069 ~er Sg . Ft.}
Not Including
Leasehold Tax"
$453.32
6/01/16 -5/31/17 $475.99
6/01/17 -5/31/18 $475.99
6/01/18 -5/31/19 $475 .99
6/01/19 -5/31/20 $475 .99
6/01/20 -5/31/21 $475 .99
6/01/21 Reneaotiate Reneaotiate
All other terms and conditions of the aforementioned lease shall remain the same.
FOO D E-S LOAN LEAS E PAGE 1
KITTI T A S COUNT Y A IR POR T
IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and affixed
their seals the day and year first above written.
LESSOR:
Attest:
Li Clerk of the Board-Julie Kjorsvik
Date Signed
FO ODE-S L OAN L EAS E PAG E 2
KITTITAf )UNTY AIRPORT
DEPARll ..... I'lT OF PUBLIC WORKS
ADDENDUM TO LEASE
THIS ADDENDUM TO LEASE is made and dated this 17~ay of \ JIlt, III P
2011, by and between Kittitas County, a municipal corporation in the State of Washington,
hereinafter referred to as the LESSOR, and TERESA ANN SLOAN AND JAMES M. FOODE, and
hereinafter referred to as the LESSEE.
WIT N E SSE T H:
WHEREAS, LESSOR and LESSEE entered into a Assignment of Lease (prior lessee-Jack
Dugan) on January 5, 2010 a copy of which is attached hereto and by this reference incorporated
herein; and
WHEREAS, according to 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 6/01/2011 thru 5/31/2016 Tenn.
6/01/11 thru 5/31/16 Rental Rate , ~.066 Leasehold Tax Total Per Year
Term Der Sa Ftl
6/01/11 -5/31/12 $ 453.32 $ 58.21 $ 511.53
6/01/12 -5/31/13 $ 453.32 $ 58.21 $ 511 ~53
6/01/13 -5/31/14 $ 453.32 $ 58.21 $511.53
6/01/14 -5/31/15 $ 453.32 $ 58.21 $511.53
6/01/15 -5/31/16 $ 453.32 $58.21 $ 511.53
6/01/16 Rene_Qotiate ReneQotiate Reneaotiate
FOODE·SLOAN LEASE PAGE 1
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.
FOODE-SLOAN LEASE
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITIITAS COUNTY, WASHINGTON
~ -= Paul Jewell , Chairperson
Alan Crankovich, Vice-Chair
Obie O'Brien, Commissioner
LESSEE:
Date Signed
PAGE 2
ASSIGNMENT OF LEASE
This Assignment o f Lease (Assignment) is entered into on this ').. (J day of
S ':. ~11S.M~~ ,2009, b etween JACK DUGAN AND HIS SEPARATE ESTATE (Assignor),
TERESA ANN SLOAN AND JAMES M. FOODE (Assignee), and KITTITAS COUNTY, a
political subdivision of the State of Washington (County).
RECITALS
Jack Dugan (Dugan) entered into a Lease on the 2nd day of April, 1996 with Kittitas
County for the lease of certain real property through April 14, 2021. A copy of said Lease is
attached hereto as Exhibit A and is hereinafter referred to as the "Lease".
On ~ \J S t;' P '(#:N0m 2009, Dugan assigned his interest in the Lease to the County, as
authorized by Paragraph 19 of the Lease.
After due notice, a public hearing was held on ~. 5 . 20.0, to consider a
request that the County give written consent to assi gnment pursuant to Paragraph 19 of the Lease
for JACK DUGAN and his separate estate to assign its interest and obligations in the Lease to
TERESA ANN SLOAN AND JAMES M. FOODE.
After consideration of the information presented at the public hearing, the Kittitas
County Board of Commissioners determined that it was in the best interest of the County to
authorize the assignment of the Lease, as extended, to TERESA ANN SLOAN AND JAMES M.
FOODE.
I. ASSIGNMENT
In consideration of the mutual promises and covenants set forth herein, Assignor assigns
transfers, and conveys to Assignee all right, title, and interest in the Lease, and Assignee accepts
from Assignor all right, title, and interest subject to the terms and conditions set forth in this
Assignment.
II. ASSUMPTION OF OBLIGATIONS
Assignee hereby accepts this assignment and, for the benefit of Assignor and County,
expressly assumes and agrees to perform and fulfill all the terms, covenants, conditions, and
obligations of Assignor as lessee under the Lease, including the making of all payments due to or
payable on behalf of County under the Lease as they become due and payable.
III. INDEMNITY
Assignor indemnifies Assignee fr om and aga in st an y Joss, co t, or expense, in clud ing
<1ttomey fees 'and court cosJs relating to the fail ure of A signor to , fulfiU Assi gno 's obligati.ons
und er the Lease a ccrujng p r ior to ~M/}. fj ,2odrP. Ass ignee ~denm:ifies Assignor from
an d against any loss, cost, or exp se Incl udmg attorney fees and court costs r~ to the
fai lure of A ssignee t o fu'lfi ll ob li gat ions un der the Lease accruing sub sequent to ~ S ,
20Ql.
IV. CONTINGENCY
Notwithstanding anything to the contrary herein, this Assignment shall be contingent
upon the receipt of the consent of the County as evidenced by its execution of the Consent of
Landlord set forth below.
V. SUCCESSORS AND ASSIGNS
This Assignment shall be binding on and inure the benefit of the parties hereto, and their
respective heirs, successors and assigns.
VI. COUNTERPARTS.
This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original.
VII. GOVERNING LAW
This Assignment shall be governed by and construed in accordance with laws of the State
of Washington .
VIII. AUTHORITY
Each person signing hereunder warrants that they have the capacity and the authority to
sign this Assignment on behalf of the respective person or entity which is being represented.
IX. MODIFICATION
This Assignment may be modified only by a written agreement signed by all the parties.
X. WAIVER
If any party waives any term or provision of this Assignment at any time, that waiver will
only be effective for the specific instance and specific purpose for with the waiver was given. If
any party fails to exercise or delays exercising any of its rights or remedies under this
Assignment, that party retains the right to enforce that term or provision at a later time.
XI. SEVERABILITY
If any court detennines that any provision of Assignment is invalid or unenforceable, any
invalidity or unenforceability will affect only that provision and will not make any other
provision of this Assignment invalid or unenforceable and shall be modified, amended or limited
only to the extent necessary to render it valid and enforceable.
Executed as of the date first above written.
ASSIGNOR:
ASSIGNEE:
TERESA ANN SLOAN
~~-------
Its: kJ.~~
By: r= 7+1 3=..t
Its: J~JL
CONSENT OF LANDLORD
Kittitas County, as Landlord under the Lease, hereby consents to the within and
foregoing Assignment pursuant to the terms and conditions therein set forth.
KITTITAS COUNTY
BY :17~
Its : ct-.~-pP~
J1MW~ 51WiO
KITIITAS COUNTY AIRPORT
DEPARTMENT OF PUBLIC WORKS
LEASE
ORIGINAL
THIS LEASE made and entered into this 2nd day of April, 1996, by and between
Kittitas County, a municipal corporation in the State of Washington, hereinafter referred to
" as the LESSOR, and JOHN DUGAN aAd as hj s separate estate ,
hereinafter referred to as the LESSEE.
WIT N E SSE T H:
The Lessor hereby agrees to lease to the Lessee, and the Lessee hereby agrees to
lease from the Lessor , the following described reaJ property situated at the Kittitas Coun ty
Airport (Bowers Field), Kittitas County , Washington, to~wit
That portion of the Southwest 1/4 of the Southeast 1/4 of Section 24,
Township 18 North, Range 18 East, W . M. J located at the Kittitas County
Airport (Bowers Field), said property being within Kittitas County, State of
Washington, and described as follows :
Beginning at the intersection oJ Bowers Road ~nd Piper Road ; thence North
88 0 12'30" East along the centerline of Bowers Road 1503 .40 feet; thence
North 10 47'30 I 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 0 12'30" East for 65.00 feet ; thence
North 01 0 47'30" West for 105.67 feet; thence South 88 0 12'30" West for 65.00
feet; thence South 01 0 47'30" East for 1 05 .67 feet to the Point of Beginning .
Containing 6868.55 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 15th day of April, 1996, and terminate on the 14t/1 day of April, 2021, except as
prov ided hereunder.
This lease may be extended in five year increments following completion of the 25th y'ear
subject to . the such terms and conditions as may be establish'ed by, and at the sole
discretion of, the Lessor. Failure to comply with the terms of this Lease by the Lessee may
be soJe cause for non-renewal or termination of this Lease by the Lessor, and ~uch other
remedies as are available to the Lessor.
DUGAN LEASE PAGE 1
KITTITAS COUNTY . AIRPORT
RENT: Rent shall be paid in advance on an annual basis, with the first payment due
on or before the 1 st day of July of each year b~ginning in 1995, and continuing thereafter
until termination of this lease. The rental for each year shall be as follows:
Rental Periods An(lual Monthly
07/01/96 to 6130101
07/01/01 to 6130106
07/01/06 to 6130111
07/01/11 to 6130116
07/01/16 to 6130121
$343.44
$412.11
To be negotiated
To be negotiated
To be negotiated
$28.62
$34.34
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 t-.Nentleth 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, and 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 Chap1er 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 charge'd 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. In the event the premises are
leased for only a portion of a year, the amount shall be prorated.
DUGAN LEASE PAGE 2
04 ('\;(\("· 28-. ,-,.....,,' \, ....
KITTITAS COUNTY AIRPORT
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 Les.sor.
PURPOSE: The Lessee shall utilize the pre~ises primarily for an aircraft hangar for
non-commercial aircraft storage and maintenance at least seven (7) mo.nths out of each
calendar year. The land and any improvements are for non-cornmercial uses only, Lessee
shall not conduct any type elf 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 presenUy 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
construct and maintain an aircraft hangar and a concrete apron between the structure and
the existing asphalt apron. Any structure constructed in the leased area shall have a
minimum setback of 15-feet from the west leased line, and 5 feet from the east leased line
and at least 10 feet from the north and south leased lines. 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 I in writing, by the Lessor's Director of Public Works and
the Dire,ctar of the Buildihg Department. (Building color to be approved by the Dept. of
Public Works. Lessee has prior approval to use "white".)
All buildings and other improvements made upon the leased property shall belong to
and become the property of the County at the expiration of the term of this lease, except
that in the event of the termination of this lease, the lessee may remove said building and
other improvements at the Lessee's option, or shall remove the said buildings and other
improvements if directed in writing by 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 exercises such option or is otherwise directed to remove
said building and improvements, the work shall be completed within thirty (30) days Of the
termjnation of the lease. The Lessee shall provide the Lessor notice in writing at least 30
days prior to the termination of the Lessee'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 remova l
costs shall be assessed the Lessee.
REPAIRS: The maintena nce and repair of the proposed hangar structure and other
improvements shall be the responsibility of the Lessee, including utilities within the leased
area.
DUGAN LEASE PAGE 3
040~'~129
KITIITAS COUNTY AIRPORT
The lessee further ~grees 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 s.uch authorities on said premises and shall comply wi1h
any direction pursuant to law of any ptJblic 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 ~aid 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 debr:is, weeds and brush for the term of this lease.
Lessee shall reimburse the Kittitas County Weed AuthO rity or .Kittltas County Department of
Public Works for any costs incurred in the event that the County Weed Authority or Kitt itas
County Department of Public Works undertak!3s noxious weed or vege tation 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 Lessee 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 Cln 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 in advance a written notice to Kittitas
County regarding any material change of 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 claus,es 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 pres'ently constructed . Lessee
shall comply with all rules and regulations of the Federal Aviation Administration ,
DUGAN LEASE PAGE 4
C4~·:·r130
KITTITAS COUNTY AIRPORT
,uq
Washington State Department of Transportation Aeronautics Division, and the Kittitas
County Airport Standards.
HUNTING : Hunting or discharging of firearrQs will not be permitted on or from said
premises or leased area.
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:
John Dugan
1906 Dry Creek Road
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 partiCipat ing 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
DUGAN LEASE PAGE 5
04C'~~131
KITrIT AS COUNTY AIRPORT
services or benefits of, any program or activ~y 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
assurances from their suborganizations as requiredby 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 con!,ent of the Lessor.
HOLD HARMLESS: The Lessee hereby indemnifies and agrees to hold harmless
the Lessor from any and all claims or demands whatsoever arising 'out of any loss , damage,
or injury to persons or property res,ulting from the Lessee's use or occupancy of said
pre mises and leased area, or caused by the acts or n~glect 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 Less.ee shall have the right to remove
improvements as herein provided.
WAIVER: No assent, express or impli ed, by the Lessor to any breach of any of
Lessee 's covenants, agreements, conditions or terms hereof shall be deemed or taken to
be '8 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 respectfve heirs,
executors, administrators, successor and assigns.
DUGAN LEASE
KlnlTAs COUNTY AIRPORT
f e . e
IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and
affixed their seals the day and year first above Wtitten.
Approved as to form :
10/28/93
Prosecuting Attorney
DUGAN LEASE
,
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Commissioner
co~
1906 Dry Creek Road
Ellensburg, WA 98926
PAGE 7