HomeMy WebLinkAboutTerminationofLeasePaceKITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
AGENDA STAFF REPORT
AGENDA DATE: October 16, 2018
ACTION REQUESTED: Approve a Termination of Lease with William R. Pace,
III for Lot H-36 of the Kittitas County Amended
Binding Site Plan within the Aeronautical Area.
BACKGROUND: On November 2, 1993, William R. Pace, III entered
into a lease for Lot H-36 of the Kittitas County
Amended Binding Site Plan.
INTERACTION:
On September 12, 2018, William R. Pace, III via
electronic mail noticed the County of his intention to
sell the private hangar located on said lot.
The buyer of the private hangar will be entering into a
new lease with Kittitas County for Lot H-36 of the
Kittitas County Amended Binding Site Plan and will be
presented for Board of County Commissioner
consideration and approval.
Public Works; William R. Pace, III
RECOMMENDATION: Move to Approve Termination of Lease for Lot H-36 of
the Kittitas County Amended Binding Site Plan within
the Airport Aeronautical Area with William R. Pace, III.
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 WILLIAM R. PACE, III, hereinafter referred to as the Lessee,
WITNESSETH:
That Lessor and Lessee entered into a Lease on November 2, 1993, a copy of which is
attached hereto and by this reference incorporated herein.
That Lessee has requested to the county to terminate the Lease entered into on November
2, 1993, and be terminated as of October 31, 2018,
That Lessee is requesting termination due to the sale of said private aircraft hangar
located on Lot H-36 of the Kittitas County Amended Binding Site Plan to Kenneth H. Lindsey
and Leslie H. Lindsey, husband and wife.
THEREFORE, both Lessee and Lessor hereby terminate the attached Lease of November
2, 1993, as of October 31, 2018, and Lessee terminates all interest in the property, which is the
subject matter of said lease.
LESSEE
William ace, III
DATE SIGNED: (' O /
Attest:
Clerk of Board
KITTITAS COUNTY BOARD OF
COUNTY COMMISSIONERS
Laura Osiadacz, Chair
Obie O'Brien, Vice Chair
Cory Wright, Commissioner
DATE SIGNED:
KITTITA: )UNTY AIRPORT
DEPARI%aNT OF PUBLIC WORKS
ADDENDUM TO LEASE
THIS ADDENDUM TO LEASE is made and dated this ii - �' day of
2013by and between Kittitas County, a municipal corporation in the State of Washington,
hereinafter referred to as the LESSOR, and WILLIAM R. PACE, 111, and hereinafter referred to as
the LESSEE.
WITNESSETH:
WHEREAS, LESSOR and LESSEE entered into a Lease on November 2, 1993, 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 for one or more years effective at the
beginning of the fifth, tenth, fifteenth and twentieth year 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 11/01/13 thru 10/31/18 Term.
11/01/13-10/31/19 Term Previous Rate Per Year
Rental Rate
15.09 per Sq Ft)
q.12 per So Ft)
Plus Leasehold Tax
11/01/13-10/31/14 475.52
634.02
11/01/14-10/31/15
634.02
11/01/15-10/31/16
634.02
11/01/16-10/31/17
634.02
11/01/17-10/31/18
634.02
10/31/18
Renegotiate
PACE 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.
Approved as to Form:
Prosecuting Attorney
WSBA #
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
� V
Obie O'Brien, Chair
(au ewell, Vice -Chair
130fry Bem , Commissioner
LESSEE:/
Willia , Pace, I I - Lessee
PO Box 839
Ellensburg, WA 98926
PACE LEASE _ -PAGE 2
S.
.1 EST
Orerk
of the BoardJ
Approved as to Form:
Prosecuting Attorney
WSBA #
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
� V
Obie O'Brien, Chair
(au ewell, Vice -Chair
130fry Bem , Commissioner
LESSEE:/
Willia , Pace, I I - Lessee
PO Box 839
Ellensburg, WA 98926
PACE LEASE _ -PAGE 2
AiKITTITAS C^-.4TY AIRPORT
DEPARTM OF PUBLIC WORKS
ADDENDUM TO LEASE
THIS ADDENDUM TO LEASE is made and dated this � day of f I uye lly) L -e -,
2008, by and between Kittitas County, a municipal corporation in the State of Washington,
hereinafter referred to as the LESSOR, and WILLIAM R. PACE, III, and hereinafter referred to as
the LESSEE.
WITNESSETH:
WHEREAS, LESSOR and LESSEE entered into a Lease on November 2, 1993, 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 for one or more years effective at the
beginning of the fifth, tenth, fifteenth and twentieth year 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 11/01/08 thru 10/31/13 Term.
11/01/08-10/31113
Rental Rate ($.09
Leasehold Tax
Total Per Year
Term
er S Ft
11/01/08- 0/31 /09
475.52
61.06
$536.58
11/01/09-10/31/10
475.52
61.06
536.58
11/01!10-10131111
475.52
61.06
536.58
11/01/11-10/31/12
475.52
61.06
536.58
11/01/12-
475.52
61.06
536.58
10/31/13
Rene otiate
Rene otiate
PAPAGE 1
CE LEASE
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.
of the Board
Approved as to Form:
rrose6uting Attorney
WSBA# ( 2
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Mak McClain, Chairperson
Alan Crankovich, Vice -Chair
LESSEE:
Williarrf R. Pe6e, III L€s�si
700 E. Manitoba, Ste. #105
Ellensburg, WA 98926
PACE LEASE PAGE
THIS ADDENDUM TO LEASE is made and dated this _LMY of o vp4�
x003, by and between Kittitas County, a municipal corporation in the State of Washington,
hereinafter referred to as the LESSOR and WILLIAM R PACE, III, and hereinafter referred to
as the LESSEE.
WITNESSETH:
WHEREAS, LESSOR and LESSEE entered into a Lease on November 2, 1993 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 for one or more years effective at the
beginning of the fifth, tenth, fifteenth and twentieth year 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 11/01/03 thru 10/31/03 Term.
�r raragrapn, 90 — Fire Protection Assessment,? — will read as follows,
In addition to any rental herein provided, the Lessee shah 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 Fire District #2
to be calculated on January 10 of the current year. The assessment shall be due and
payable concurrently with the lease payment or through Personal Property Taxes.
All other terms and conditions of the aforementioned lease shall remain the same
PACE LEAKY=
PAGE 9
DEAR'
:KTo UBLIC WORKS
J R I G I NA Lo
ADDENDUM TO LEASE
THIS ADDENDUM TO LEASE is made and dated this _LMY of o vp4�
x003, by and between Kittitas County, a municipal corporation in the State of Washington,
hereinafter referred to as the LESSOR and WILLIAM R PACE, III, and hereinafter referred to
as the LESSEE.
WITNESSETH:
WHEREAS, LESSOR and LESSEE entered into a Lease on November 2, 1993 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 for one or more years effective at the
beginning of the fifth, tenth, fifteenth and twentieth year 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 11/01/03 thru 10/31/03 Term.
�r raragrapn, 90 — Fire Protection Assessment,? — will read as follows,
In addition to any rental herein provided, the Lessee shah 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 Fire District #2
to be calculated on January 10 of the current year. The assessment shall be due and
payable concurrently with the lease payment or through Personal Property Taxes.
All other terms and conditions of the aforementioned lease shall remain the same
PACE LEAKY=
PAGE 9
KITTTTAB coURTy
�s
AIRPORT
IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and affixed
their seals the day and year first above written
GOgAMISg�10
A� Za
erk of the Board /\
BOARD OF COUNTY COMMISSIONERS
KITTITA3 COUNTY, WASHINGTON
Max A. Goiladay, Chairperson
±erry,Huston,Vice Chair
��---
Bruce Coe, Commissioner
iam ace, I
PACE LEASE-.--
�s
PAGE 2
TH)S LEASE made and entered into
between K)tthas Coun this 2nd day of November,
hereinafter referred to as the LESSORnici, corporation In 1983, by and
to as the LESSEE WILLIAM R, p the State of Washington,
ACE, III, hereinafter referred
WITNESSETH:
The Lessor hereby agrees to lease to the Lessee, and the
to lease from the Lessor, the following described real prone
County Airport the Field Lessee hereby agrees
)i. Kittitas County, Washington, to -wit ed at the Kittitas
That portion of the Southwest 1
Township 18 .North, Range 18 East of the Southeast 1
Airport (Bowers Field W M•, located at /4 of Section 24
Washington, and described as follows:Prollbeing within Kittitas ittitas County
County, State of
Beginning at the intersection of Bowers Road and Piper
88012'30" East along the centerline of Bowers Road 1213 Road; 0f encs North
Road and the OTrue Point est of Beginning. northerly right_of-
feet; thence
way of said Bowers
From the True Point of Beginning Nom 88012'30-
47 East for 50.
North 01°'30" West for 105.670 feet, thence South °
60.00 feet; thence South 01 °q7� fest; thence
Beginning. 30 East for 105.67 feet 1 o the
West for
the Point of
Containing 5283.500 sq.ft., mord or less
This lease is made in accordance with RCW 36.34.
LEASE
Page 7
TERM: The term of this lease shall be for twenty-five (25) years and will commence
on the first day of November, 1993, and terminate on the 31st day of October, 2018,
except as provided hereunder.
This lease may be in five
25th year subject o the such termsandonditions asnmay be estabiis
g completion of the
Year
the sole discretion of, the Lessor. Failure to comply with the terms is hedthis Lease by
the Lessee may be sole cause for non -renewal or termination of this Lease by the
and at
Lessor, and such other remedies as are available to the Lessor.
ENT: Rent shall be paid in advance on an annual basis, with the firsta
on or, before the 31st day of October of each year beginning in 1993, and continuing
thereafter until termination of this leas®, p Vment due
The rental for each year shall be as follows:
Renta
11/01 /93 to 10/31/98 Annual m2mbby
11/01/98 to 10131/2003 $264.00 $ 22.00
11/01/03 to 10/31/2008 leftted.S17,011%4al
11/01/08 to 10/31/2013 To be negotiated 3 rno.
uu l
11/01113 to 10/31/2018 To be negotiated lbo 1e 91' n7
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
October, 1993. month, beginning the 25th day of
ADJUSTMEFVT OF RPNTA, .
+ncrease rental rate— �® or After a yethe as effective at the beginningll have
Year, the Lessor shall have the right to
tenth, fifteenth and twentieth year of this lease. If the Lessee does nt agreee tiwfith'
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
arbitrator. The arbitrators shall have the authority to increase the rent or contia third
nue 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.
1EA -M—D TAX: in addition to.any rental herein provided, the Lessee shall a
the Lessor the leasehold tax as set forth by the State of Washington in Cha
Laws of 1976, Second Executive Session (R,C,yy, g h Y to
82.29A) oras amended, Chapter 61,
shall be due and payable at the same time the rental charged herein Is due and
payable. The tax
LFASE
Page 2
I
SIRE PROTFrr�ne i A
Lessee shall pay an annual fee
NT: In addition to any rental herein provided, the services, which shall be in lieu of taxes for fire protection
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
of the leased premises. The value of the teased premises shall be dend termined b ants
Kitt! County Assessor. This fee shall be due annually each and eve
the term and shall be due and Y the
payable on the 1st day of March of each year during
event the premises are leased for only a portion of.a year, the amount shall be
prorated. Year: in the
e Lessee shall pay for extension of
the premises. h Any such extensions s all be subject cttolithela services supplied to
Lessor,dvance review of the
F11�: The Lessee shall utilize the premises only for the
Purpose of an aircraft
hangar for non-commercial aircraft storage and maintenance.
R AND RF�l1LATIONS;
Of the federal
The Lessee agrees to comply with all pertinent rules and
state
regulations . , and local
regulations, ordinances, and minimum standardsOfthe Kittitas well
Coun
(Bowers Field), as are presently in effect and the rules,
regulations, ordinances and minimum standards of the Kitdtas Countye Airportty les,
may in the future be adopted. The rules,
Field) are made a part of this Agreement and shall have the same effect as though
written herein. A co A1rPort (Bowers
copy of the Kittt of County Airport Standards is on file in th® office
of the Ktttitas County Department of Public Works.
CONSTR �r.Tinn�amu.
—. The Lessee shall have the right, during the term of this lease to to
construct and maintain an aircraft hangar and a concrete apron between the structu
and the existing asphalt apron. Any structure constructed in the leased are shall have
a minimum setback of 10 -feet from the north and east leased lines, and 5 feet from
the west' and south leased lines. Prior to construction, the LesSe® shall submit a
written plan and specifications for the construction .work, inclusio
extension of utilities, and said improvements shall not be constructed without said
plans having first been a g any Proposed
and the Director of the Building Department.nriling, by the Lessor's Director of Public Works
Building
All buildings and other improvements made upon the leased property
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 b
y the Lessor, such removal, including costs to remove debris from the site, paiir any damages, and
provide tie offs for utility connections to the satisfaction of All costs for
sole responsibility of the Lessee. lite Lessor, shall be the
LEASE
Page 3
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.
P I ? The maintenance and repair of the. proposed hangar structure and other
improvements shall be the responsibility of the Lessee, including utilities within the
leased area.
The Lessee further agrees that it will not commit waste and that it will keep
said premises 11 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 to the event that the County Weed
Authority or Kittites 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; $300,000 -each
occurrence.
SSE
1896 4
1
i
2. Provide for not less than thirty (30) days in advance a written notice to
Kittitas County regarding any material change of termination of the
policy.
Lessee hereby releases Lessor of and from every and all right, claim and
demand that Lessee may hereafter have against Lessor, its successors or assigns,
arising out of or in connection with any loss or losses occasioned by fire and such
items as are included under the normal extended coverage clauses of insurance
Policies, and does hereby waive all rights of subrogation In favor of insurance carriers
against Lessor arising out of any losses occasioned by fire and such items as are
included under the normal extended coverage clauses of fire insurance policies, and
sustained by Lessee in or to the said premises and leased area.
The Lessee shelf provide the Lessor with a copy of said policy.
AiRPOR_ T T_RAFFM; It is understood and agreed that the Lessee's use of said
premises and leased area shall not in any manner interfere or restrict the use id
aircraft landings, take -offs, or storage of aircraft as the airport isof
constructed. Lessee shall comply wine all rules and regulations of the Federal presently
Aviation
Administration, Washington State Department of Transportation Aeronautics Division,
and the Kittitas County Airport Standards.
NTI : Hunting or discharging of firearms will not be permitted on or from said
premises or leased area.
NOS: Any notice given by one party to the other in connection with this
agreement shall be in writing and shall be sent by certified or registered mail, return
receipt requested as follows:
1. If to Lessor, addressed to:
Kittitas County Department of Public Works
205 W. Fifth, Room 108
Ellensburg, Washington 98926
2. If to Lessee, addressed to:
William R. Pace, III
700 East hatitoba Ste 105
Elletsburr. WA 98946
LEASE
Pa$® 5
Notice shall be deemed to have been received on the date of receipt as shown
on the return receipt.
person. Notice need be sent to but one Lessee where the Lessee is more than one
ATTORNEY AEU: 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
or otherwisepremises, or if Lessee shaft bring any. action for any relief against Lessor, declaratory
is
attorney fees which shall f his lease the prevailing Party shall recover reasonable
determined and taxed b
of such action. y the court as part of the costs
tle to the
leased, partially by virtue of a dead from the LUnited Statesessor holds Go ern pro r co
said deed is available for inspection at the office of the Kittitas CountyParty herein
of Public Works, hereto and made a part of this Instrument as thoughm of
set forth
herein. Lessee agrees that it will do nothing Department
violation of the terms of said deed. Lessee furthermore will cause the Lessor fully to be in
Opportunity to review said deed and is awe a of all Ofgthestermstand conditions
ample
therein.
-AEEM 9 ATIYE TIQN: The Lessee assures that it will undertake an affirmative
action program as required by 14 CFR Part 152, Subpart E., to insure that no
shall, on the -grounds of race, creed, color, national origin or sex; be excluded from
participating in any employment activities covered in 14 CFR Person
The Lessee assures that no person shall be excluded n Part 152
Participating in, or receiving the services or benefits of, an Subpart E.
these grounds from
covered by this subpart. The Lessee assures it will require tha mics covered
suborganizations provide assurance to the Lessor that they similarly will undertake
affirmative action programs and that they will require assurances
from suborganizations as required by 14 CFR Part 152, Subpart E, to the same
their
effect.
without first obtaining the written consent of the Lessor.
ASSIG— NMMENI: The Lessee shall not assign this lease nor sublet an
y P°mon thereof
HOLD HARl1n aS; The Lessee hereby indemnifies and agrees to hold harmless the
Lessor from any and all claims or demands whatsoever arising
damage, or injury to persons or property resulting from the Lessees use or Occupancy
of said premises and leased area, or caused by the acts or neglect of the Lessee,°h sI
agents or employees.
IXASE
page 6
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.
®—€F1+ULD 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.
LEASE
Page 7
IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and
affixed their seals the day and year first above 1—l"
LESSOR:
A TTEST.-
A roved as to form.�p%e
v, • 1117/.
700 East Manitoba Ste 105
Ellensburg, WA 98926
Address
LEASE
n en.
BOARD OFCOUNTYCOMAfISSIONERS
KITTITAS COUNTY, WASHINGTON
Chem son
r
LEW EY
WiAlam R. PaCS, III
Telephone.,
Page 8
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