HomeMy WebLinkAboutTerminationofLeaseSloanKITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
AGENDA STAFF REPORT
AGENDA DATE: September 18, 2018
ACTION REQUESTED: Approve a Termination of an Assignment of Lease
with Teresa Ann Sloan and James M. Foode for
Airport property.
BACKGROUND: On January 5, 2010, Teresa Ann Sloan and James M.
Foode assumed the lease of prior tenant Jack Dugan
for Lot H-40 of the Kittitas County Amended Binding
Site Plan.
On August 15, 2018 Teresa Ann Sloan submitted a
letter stating her intention to sell the private hangar
located on said lot. A follow up email was sent on
August 30, 2018, requesting the current lease be
terminated effective October 1. 2018.
The buyer of the private hangar will be entering into a
new lease with Kittitas County for Lot H-40 of the
Kittitas County Amended Binding Site Plan and will be
presented for Board of County Commissioner
consideration.
INTERACTION: Public Works, Teresa Ann Sloan and James M.
Foode
RECOMMENDATION: Move to Approve Termination of the Assignment of
Lease for Lot H-40 of the Kittitas County Amended
Binding Site Plan within the Airport Aeronautical Area
with Teresa Ann Sloan and James M. Foode.
HANDLING: Return one original to Public Works
ATTACHMENTS: Termination of Lease; Original Lease
LEAD STAFF: Mark R. Cook. Director
** TERMINATION OF LEASE**
This Termination of Lease is made and dated this day of , 2018, by and
between KITTITAS COUNTY, a municipal corporation, hereinafter referred to as the Lessor,
and TERESA ANN SLOAN AND JAMES M. FOODE, hereinafter referred to as the Lessee,
WITNESSETH:
That Lessor and Lessee entered into an Assignment of Lease on January 5, 2010, copies
of which are attached hereto and by this reference incorporated herein.
That Lessee has requested to the county to terminate the Assignment of Lease entered
into on January 5, 2010, and be terminated as of October 1, 2018.
That Lessee is requesting termination due to the sale of said private aircraft hangar
located on Lot H-40 of the Kittitas County Amended Binding Site Plan to Blue Yonder Aviation,
LLC.
THEREFORE, both Lessee and Lessor hereby terminate the attached Assignment of
Lease of January 5, 2010, as of October 1, 2018, and Lessee terminates all interest in the
property, which is the subject matter of said lease.
LESSEE KITTITAS COUNTY BOARD OF
COUNTY COMMISSIONERS
;s M. Foode
Power of Attorney — Teresa Ann Sloan)
DATE SIGNED:
Attest:
Clerk of Board
Laura Osiadacz, Chair
Obie O'Brien, Vice Chair
Cory Wright, Commissioner
DATE SIGNED:
1KITTITAS k _ JNTY AIRPORT
DEPARTMENT OF PUBLIC WORKS
"
TZ, ADDENDUM TO LEASE
THIS ADDENDUM TO LEASE is made and dated this 24 d y of
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.
WITNESSETH:
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 Tenn.
6/01/16 — 5/31/21
Previous Rental Rate
($.066 per Sq. Ft)
Rental Rate
($.069 per So. Ft.)
Not Including
Leasehold Tax'
Term
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
147599
6/01/20 — 5/31/21
$475.99
6/01/21
Rene otiate
Rene otiate
All other terms and conditions of the aforementioned lease shall remain the same.
FOODE-SLOAN LEASE 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.
Attest:
Clerk of the Board- Julie Kjorsvik
of the Board- Mandy Buchholz
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Obie Oj3lien, Chairman
LESSEE:
4 / N2
Date Signed
FOODE-SLOAN LEASE PAGE 7
st
_ �A
o:
cb''•••...
.... . •-'c,'�,.
WAS ,.
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Obie Oj3lien, Chairman
LESSEE:
4 / N2
Date Signed
FOODE-SLOAN LEASE PAGE 7
KITTI. IUNTY AIRPORT
DEPAR n.,_NT OF PUBLIC WORKS
ADDENDUM TO LEASE
THIS ADDENDUM TO LEASE is made and dated this i day of gw
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.
WITNESSETH:
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 Term.
6/01/11 thru 5/31/16 _RentalRate ( $.066 Leasehold Tax
Term nar S.n Ff1 Total Per Year
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.
:. „ : „ LESSOR:
CO
� MpA.SS..
2 r• , BOARD OF COUNTY COMMISSIONERS
o; / KITTITAS COUNTY, WASHINGTON
'sem •..... ..... o�- �.� _
(Paul Jewell, Chairperson
lark of the Boa
Alan Crankovich, Vice -Chair
Obie O'Brien, Commissioner
LESSEE:
_j�4, -M q-�.4
�m�� ode, Lessee
Teresa A. Sloan, Lessee
Date Signed
FOODE-SLOAN LEASE PAGE 2
ASSIGNMENT OF LEASE
_ This Assignment of Lease (Assignment) is entered into on this �, () day of
Lst+�G��.a� , 2009, between JACK DUGAN AND HIS SEPARATE Assi ESTATE
( gnor),
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 !I o S r'_ P t*.n 1" 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 , 2019, to consider a
request that the County give written consent to assignment 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 from and against any loss, cost, or expense, including
attorney fees -and court costs relating to -the -failure of Assignor to -fulfill- Assignor -'s obligations
under the Lease accruing prior tojAj 20410 Assignee indemnifies Assignor from
and against any loss, cost, or exp se, including 1 d ng attorney fees and court costs relating to the
failure of Assignee to fulfill obligations under the Lease accruing subsequent to,}'d,! L . S
20(1®. U__ '
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 determines 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
JA
M FOODE
Y�
Its:
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:�
Its:
5,Lt� i0
imm KITTITAS COUNTY AIRPORT ORIGINAL
DEPARTMENT OF PUBLIC WORKS
LEASE
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
hereinafter referred to as the LESSEE. h' ` `Pnarata PGt�to
WITNESSETH:
The Lessor hereby agrees to lease to the Lessee, and the Lessee hereby agrees to
lease from the Lessor, the following described real property situated at the Kittitas County
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., 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 of Bowers Road and Piper Road; thence North
88°12'30" East along the centerline of Bowers Road 1503.40 feet; thence
North 1047'30" 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 88012'30" East for 65.00 feet; thence
North 01 °47'30" West for 105.67 feet; thence South 88°12'30" West for 65.00
feet; thence South 01 °47'30" East for 105.67 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 14th day of April, 2021, except as
Provided hereunder.
This lease may be extended in five year increments following completion of the 25th year
subject to the such terms and conditions as may be established by, and at the sole
discretion of, the Lessor. 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.
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 1st day Of July of each year bEginning in 1995, and continuing thereafter
until termination of this lease. The rental for each year shall be as follows:
Rental Periods Annual Monthly
07/01/96 to 6/30/01 $343.44 $28.62
07/01/01 to 6/30/06 $412.11 $34.34
07/01/06 to 6/30/11 To be negotiated
07/01/11 to 6/30/16 To be negotiated
07/01/16 to 6/30/21 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 incre
than 5% of the previous year's annual rental rate, effective at the beginnse to more
ing ase
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, and both parties shall be bound by the decision of the
arbitrators. The cost of arbitration shall be borne by the Lessee.
LEASE�LD 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. In the event the premises are
leased for only a portion of a year, the amount shall be prorated.
DUGAN LEASE
PAGE 2
- ----- C4^ y28
KITTITAS COUNTY
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.
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,
a part of ordinances and minimum standardl h s of the Kittitas County Airport (Bowers Field) are made
ave the
effect as though written herein. A copy of
the Kittit s ICo Agreement ty Airport Sta dards is n file in the office of the Kittit s County Department
of Public Works.
CONST ---RUQ: 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 existing asphalt apron. Any structure n the leased area shall have a
minithe structure and
constructed imum 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, in writing, by the Lessor's Director of Public Works and
the Director of the Building 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
termination 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 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, i
area. ncluding utilities within the leased
PAGE 3
G� "�'i29
KITTITAs COUNTY
AIRPORT
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
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 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 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 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 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,
DUGAN LEASE
PAGE 4
04�--''430
KITTITAs COUNTY
AIRPORT
Washington State Department of Transportation Aeronautics Division, and the Kittitas
County Airport Standards.
HUNTING: Hunting or discharging of firearrgs 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 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
DUGAN LEASE
PAGE 5
04.x^131
KITTITAS COUNTY
AIRPORT
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
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.
HOLD the Lessor from any HARMLESS: d Lessee hereby
ll claims ordemandswha indemnifies
arising out of any losls, 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.
DUGAN LEASE
0 R PAGE 6
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.
Approved as to form:
10/28/93
Prosecuting Attorney
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
� �Chairper n
Commissioner
i
C 0
1906 Dry Creek Road
Ellensburg, WA 98926
DUGAN LEASE
PAGE 7
042 33