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HomeMy WebLinkAboutTermination of Lease** TERMINATION OF LEASE** hi , emrinati n of Lea is ma Je a:11d dated this J 81h day of J!,!r[t 1 , 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 ~all' Obie O'Brien, Vice Chair ~I ,.,;, ; :g ,t, om m IS 10ner DATE SIGNED : OJ /I 8 / I 8 ____ __,__ ____ _ KITTITAS~ _JNTY AIRPORT 1 DEPARTMENT OF PUBLIC WORKS ~=~ ADDENDUM TO LEASE THIS ADDENDUM TO LEASE is made and dated this 2-JsJday of .)id.J~ , 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. WI T N E S S ETH: 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 eer Sg. Ft} fl .069 eer 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. FOODE-SLOAN LEASE PAGE 1 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. LESSOR: Attest: Q Clerk of the Board-Julie Kjorsvik LESSEE: Date Si.ghed FOODE-SLOAN LEASE PAGE 2 . ·, itl11 1) KITTI'. 1UNTY AIRPORT DEPARTh, .. tH OF PUBLIC WORKS ADDENDUM TO LEASE THIS ADDENDUM TO LEASE is made and dated this i 7~ay of l ,,f/([,U:1. 1f"") 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. W I T N E S S ET 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 Term. 6/01/11 thru 5/31/16 Re.ntal Rate { l.066 Leasehold Tax_ Total Per Year Term oer Sa Ft) 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 Reneaotiate Reneaotiate Rene aotiate 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 . ,,,11111 111 ,q,,,, ,,, s ,,,, ,,,,,, ~"11\S 'Otv ,,,,, .::.,.::., 00 ............. ~-:;, ,,,, ~ .L~ •• ••• ····~ Jl ,~ '........ . .. ... ~ . _,,,,,. . , ~~... ,~, ... :. ~ 0 { ..........-:~A~-l t ~ -O • ~Ira''. -; t ., :e i ~ ... ',/' / . .:!£ % 1; ·•,,. ..•·-;:, .. l . , •.. ' .. ~ ... ,. I?\:."•, •• ••• -~ ...... ' • ,,,. '~lffl ' ... ,,,,, ~ ,,.,, b . ,~ I I ' .-)'I lJ::J lerkofthe sfair7 FOODE-SLOAN LEASE LESSOR: BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON ~ Paul Jewell, Chairperson Alan Crankovich, Vice-Chair Obie O'Brien, Commissioner LESSEE: Teresa A. Sloan, Lessee 1// ;l. '1/;).__o I I Date Signed PAGE 2 ASSIGNMENT OF LEASE This Assignment of Lease (Assignment) is entered into on this),_ CJ day of S ~ ~ 1 1sM~rJ:s , 2009, between 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 (Coun.ty). 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 Exmbit A and is hereinafter referred to as the "Lease". On ?. c, S.t;P l~Nf\~{) 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 , 2060, to consider a request that the County give written consent to assi ent 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 c.onsid~rat.ion of the information presented at the public hearing, the Kittitas County Board of CemmissioI).ers 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 cons-ider~1ion of the mutual promises and covenants set forth herein, Assignor assigns transfers1 and conveys to Assignee all right, title, and interest Jn t he Lease, and Assignee accepts :from Assignor all righti title. and interest subject to the tem1s and conditions set forth in this Assignment II. ASSUMPTION OF OBLIGATIONS Assignee hereby accepts this assignment an~ for the benefit of Assignor and County, expressly assumes and agrees to perform and fulfill all the terms, covenants, conditions, and obligation s 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 oblig-ations under the Lease accruing prior to~ • ':) , 20d0. Assignee indemnifies Assignor from and against any loss, cost, or eo<p s; including attorney fees and ccmrt costs rep to the failure of Assignee to fulfill obligations under the Lease accruing subsequent to • '? , 20()f. IV. CONTINGENCY Notwithstanding anythfog t o 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. VITI. AUTHORITY Each person signing hereunder warrants that they have the capacity and the authority to sign this Assignment on behalf of the respective p rson 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 pecific 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 tenn 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. ASSIGNEE: TERESA ANN SLOAN ~ Its:~ By: r= '7-t<1<J--..--.,, ,-t Its: __./~.,ll_ 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: 7zve-------- Its: d,...,iz..,--pE?' ~ <l14A~ 5,UJIO· iii KITTITAS COUNTY AIRPORT DEPARTMENT OF PUBLiC WORKS· ... ORIGINAL LE ASE 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 his se,parate estate , hereinafter referred to as the LESSEE. WITN ESSETH: The Lessor hereby agrees to lease to the Lessee , and the Lessee hereby agrees to lease from the Lessor, the following described real propf)rty 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 Ajrport (Bowers Field), said property being within Kittitas County, Slate of Washington, and described a~ 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 1 °4T30" 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 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, exce~t 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 eaeh y,ear b~ginning in 1995, and continuing thereafter until termination of this lease. The rental for each year shall be as follows: Rental Periods Anoual Monthly 07/01/96 to 6/30/01 07 /01 /01 to 6/30/06 07/01/06 to 6/30/11 07/01/11 to 6/30/16 07/01/16 to 6/30/21 $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 shalt be paid in advance and are · due no later than the 25th day of each foregoing month. ADJUSTMENT OF RENT AL: After the frft:h 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 ann·uat 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, 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 Chapter 61 , Laws of 1976, Second Executive Session (RC. W . 82.29A) or as amended . The tax shall be due and payable at the same time the rental charged herein is duei 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 1st 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 f':/\('..f2g '-"·~•4..,...&. g KITTITAS COUNTY AIRPORT UTILITIES : The Lessee shall pay for extension of and all utility services supplieci:I to the premises . Any such extensions shall be subject to the advance review of the Lessor. PURPOSE: The Lessee shall utilize the prel'{lises 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 acti:,.,ity 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 govemme·nts , 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 adepted. The rules, regulations, ordinances .and minimum standards of the Kittitas County Airport (Bowers Field) are maee 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 mainta in 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 sha ll 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 LE?ssor. 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 tho Lessee exercises -such option or is otherwise directed to remove said building and improvements, the work shall be compl.eted 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 presc:ribed 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 repa ir of the proposed hangar structure and other improvements shall be the responsibility of the Lessee, including uti liti es with in the leased area. DUGAN LEASE PAGE 3 04~/\J'·• 29 ,.., '-" " J.. KITTITAS COUNTY AIRPORT The lessee further agrees that it will not commit waste and that il 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 autllorities on said premise1s and shall comply with any direction pursuant to law of any public officer 0r 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 tern, 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 insurancei shall provide coveragei 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 po.licy. Lesse.e hereby releases Lessor of and from every and all right, claim and demand that Lessee may hereafter have against Le·ssor, 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 a ll 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 teased 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 Adrninistration , DUGAN LEASE PAGE 4 C4~•:.r130 :, KITTITAS COUNTY AIRPORT 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, R0om 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 ~hall bring suit to recover any rent due hereunder, or for breath 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 04C·~:131 ., KITTITAS COUNTY AIRPORT services or benefits ofi 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 affinnative action programs and that they will require assurances from their suborganizations as requiredl.>y 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 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 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 c1nd 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 rnay tenninate 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, th is 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 tenns 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 ~vent 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 PAGE 6 04~:!'13.~ KITTITAS COUNTY AIRPORT 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 COMMISS IONERS KITTITAS COUNTY , WASHINGTON Commissioner Co~~ 1906 Dry Creek Road Ellensburg, WA 98926 PAGE 7