HomeMy WebLinkAboutLeaseKRDLookoutMtnKTITITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
STAFF REPORT
AGENDA DATE: September 3, 2019
ACTION REQUESTED: Request to Approve a Lease with Kittitas Reclamation
District for Communications Equipment Space located
within the Lookout Mountain Communications
Building.
BACKGROUND: On July 31, 2019 the existing lease with Kittitas
Reclamation District (KRD) for communications
equipment space within the Lookout Mountain
Communications Building expired. Staff contacted
KRD to inquire on the need to continue the lease with
the previous terms and conditions from the original
lease approved in 1994. KRD agreed to the same
terns and conditions and the lease was reviewed and
approved by the Prosecuting Attorney's office for use.
INTERACTION:
Public Works
RECOMMENDATION: Approve the Lease with Kittitas Reclamation District
for Communications Equipment Space located within
the Lookout Mountain Communications Building.
HANDLING: Return one (1) original to Public Works
ATTACHMENTS: New Lease, Approved Lease from 1994
LEAD STAFF: Mark Cook, Director
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
THIS LEASE made and entered into this 1" day of by and
between Kittitas County, a municipal corporation acting by and through its duly elected
Board of County Commissioners, hereinafter referred to as "County", and Kittitas
Reclamation District hereinafter referred to as the "Lessee".
That the County leases to the Lessee space within an existing Kittitas County Department
of Public Works communications building located within the following described premises
in Kittitas County, Washington.
The northeast quarter of the northeast quarter of Section 11, Township 19 North, Range
16 East, W.M., Kittitas County, State of Washington.
Latitude — 47°09'55"
Longitude - 120047'20"
More commonly known as: Lookout Mountain Communications Building.
This Lease is subject to the terms and conditions hereinafter set out.
SECTION 1 — OCCUPANCY
1.01 Term:
This lease shall be for twenty-five (25) years and shall commence on August 1,
2019 and terminate on July 31, 2044.
SECTION 2 — USE OF SITE
2.01 Permitted Use:
The nonexclusive use of the premises shall be to maintain, repair and operate
communications equipment only.
1. In the event Lessee desires to change frequencies or add units, authorization must
be obtained in writing from the County. Rent will be adjusted accordingly for any
additional units authorized.
The Lessee is hereby authorized to maintain, repair and operate one (1) unit(s)
within the above described premises.
3. A unit is defined as a transmitter/receiver with coaxial or wave guide connection
between the transmitter and antenna or combiner.
PAGE t
Lookout Mountain Lease
KIi TIT AS COUNTY
2.02 Electronic Rights:
The Lessee shall comply with the practices or procedures in the "Minimum
Standards for Communication Sites", attached as Exhibit "A" and by this reference
made a part thereof. The County reserves the right to amend the standards set
forth in Exhibit "A". The Lessee shall be informed of such amendments by written
notice.
SECTION 3 — PAYMENT
3.01 Payment:
Payments made hereunder will be as follows:
1. The minimum annual rent shall be $100.00 and shall be payable on or before
June 1 of the ensuing year.
2. Utility Service. The Lessee shall pay for all utility service to and serving the
Lessee's equipment.
3.02 Leasehold Tax Compliance:
If the County must pay any taxes, penalties or interest because of the failure of the
Lessee to pay such taxes, penalties or interest, such obligations shall be
considered a debt to the County.
3.03 Place of Payment:
All payments shall be paid to the Kittitas County Department of Public Works, 411
North Ruby Street, Suite 1, Ellensburg, Washington 98926.
3.04 Late Payment Charge:
Any late payment of rents or other payments due under this lease shall be subject
to an additional charge of the highest interest rate permitted by RCW 19.52.020 per
month on the unpaid balance. Acceptance of the late rent payment, or of any other
payment, by the County from the Lessee after any default by Lessee shall not
constitute a waiver of any such default or any other default.
SECTION 4- RESERVATIONS
4.01 Compliance:
The County reserves the right to access the premises at all times to insure
compliance with the terms of this lease.
Lookout Mountain Lease PAGr 2
K11T11 AS COUNTY
4.02 Restrictions on Use:
1. The Lessee shall conform to all applicable laws and regulations of any public
authority affecting the premises and the use thereon and correct, at the
Lessee's sole expense, any costs of such compliance including any fines or
penalties. The Lessee shall obtain all federal, state and local permits and
licenses necessary to operate under this lease;
2. The Lessee shall not allow debris or refuse to accumulate on the premises;
3. The Lessee upon notification shall immediately take remedial action to eliminate
interference caused by its operations to senior priority rights. Senior Priority
Rights are defined as follows: The County reserves the right to disconnect
power to any transmitters causing interference: (a) immediately if it affects
emergency services or public safety; or (b) after 48 hours of discovery of the
interference.
4. Senior priority rights is defined as any communications or microwave equipment
currently existing and/or operating in and around the general vicinity.
5. Lessee's installations shall conform with the approved Technical Data Sheet(s)
attached hereto and marked as Exhibit "B". Additional approved Technical Data
Sheets may be added to Exhibit "B" upon approval by the County.
6. The Lessee shall not change or add additional transmitting or receiving
frequencies or equipment without submitting a new Technical Data Sheet for
approval. If unauthorized units are located on the premises, a penalty of triple
annual unit rent may be charged for each such unit. Unauthorized units are
also subject to removal at the option of the County.
7. The Lessee shall not cause, at any given time, effected radiated power beyond
that of the total of effected radiated power in the sum of the Technical Data
Sheets.
8. When Lessee changes or adds additional transmitting or receiving frequencies,
the priority right for new frequencies will be the date of approval shown on the
Technical Data Sheet.
SECTION 5 — REQUIREMENTS
5.01 Assignment:
No rights created by this lease may be assigned, sublet, or transferred without
written approval from the County. Approval of the proposed assignment may be
conditioned by charging additional rents to reimburse the County for any additional
costs of management or losses of rentals resulting from the assignment. The
County may deny the approval of a proposed assignment based upon its opinion of
the financial and management capability of the proposed assignee.
Lookout Mountain Lease PAGE 3
hal II IAS COUNTY
5.02 Indemnity by Lessee:
Any and all claims which may be made by Lessee, or third parties, arising out of or
resulting from the condition of the premises and any improvements thereon, or act
or omission on the part of the Lessee, shall be the Lessee's obligation. Lessee
agrees to indemnify the County and hold harmless from all losses, damages and
expenses (including attorney fees) which may arise out of or result from such
claims.
5.03 Assessments:
The Lessee shall pay all assessments that may be charged against the premises.
5.04 Insolvency of Lessee:
If the Lessee becomes insolvent, bankrupt, or has a receiver appointed, the County
may cancel this lease at its option. Insolvency as used herein will mean the inability
of the Lessee to meet obligations as they come due.
SECTION 6 — ACCESS ROADS AND ROAD MAINTENANCE
6.01 Access:
Provisions for the use of the existing rights of way for access to and including the
premises are as follows:
A non-exclusive right to use the existing county road (Hart Road) over and across
the location shown on the map marked Exhibit "C" attached hereto and by this
reference made a part hereof, for the purposes of gaining access to the
communication site,
6.02 Road Maintenance:
The County shall perform all routine maintenance including snow removal to the
communications building. The Lessee shall repair, or cause to be repaired, at its
sole cost and expense that damage to said road occasioned by it which is in excess
of that which it would cause through normal and prudent usage of said road.
SECTION 7 — IMPROVEMENTS AND/OR FIXTURES
7.01 Unauthorized Improvements:
All improvements and/or fixtures made on the premises without the written consent
of the County are unauthorized and shall either be removed by the Lessee,
removed by the County at the cost of the Lessee, or become the property of the
County at the County's option. The County may, at its discretion, construe any
unauthorized improvements and/or fixtures as a default by Lessee and cancel the
lease according to the provisions herein.
Lookout Mountain Lease PACF 4
KITTITAS COUNTY
7.02 Maintenance and Repair of Improvements:
Lessee shall maintain and repair its improvements and/or fixtures at its own cost.
The County shall maintain and repair its improvements and/or fixtures at its own
costs.
7.03 Removal of Improvements:
All improvements and/or fixtures, upon expiration or cancellation of this lese shall
become the property of the County. At the County's option, Lessee may be
required to remove said improvements and/or fixtures at its costs, or the County
may remove said improvements and/or fixtures and charge Lessee for its costs.
SECTION 8 — MISCELLANEOUS
8.01 No Partnership:
The County is not a partner nor a joint venturer with the Lessee in connection with
the business carried on under this lease and shall have no obligation with respect
to the Lessee's debts or other liabilities.
8.02 Non -Waiver:
Waiver by either party of strict performance, or any provisions of this lease, shall
not be a waiver of, nor prejudice either party's right to require strict performance of
the same provision in the future or any other provision.
8.03 Attorney Fees and Venue:
Each part shall be responsible for its own attorney fees in the event of a dispute
arising out of this agreement except as set forth in Sections 5-5.02 and 8-8.06.
Venue for resolving such disputes shall be in Kittitas County Superior Court,
8.04 Interpretation and Numbering:
This lease has been submitted to the scrutiny of all parties hereto and their counsel
if desired, and shall be given a fair and reasonable interpretation in accordance with
the words hereof, without consideration or weight being given to its having been
drafted by any party hereto or its counsel. Section numbers or titles are not to be
considered in interpreting this lease.
8.05 Notices:
Any notice given under this lease shall be deemed as received then delivered by
hand or three (3) days after deposit in the United States mail with first class postage
affixed addressed as follows: To the County: Kittitas County Public Works, 411
North Ruby Street, Suite 1, Ellensburg, Washington 98926. To the Lessee: At the
address given by the Lessee in the signature block on official documents of record
Lookout Mountain Lease PACs 5
KIT111AS COUNTY
with this lease. Changes of address may be given in accordance with this section
after written notification of such change by either party.
8.06 Liens:
Lessee shall not suffer or permit any lien to be filed against Lessee's leasehold
interest in the premises or any improvement thereon, by reason of work, labor,
services or materials performed or supplied to Lessee or anyone holding the
premises, or any part thereof, under lease. If any such lien is filed against Lessee's
leasehold interest, or any improvements thereon, Lessee shall cause the same to
be discharged of record within thirty (30) days after the date of filing the same
unless other arrangements are authorized in writing by the County. Lessee shall
indemnify the County for any costs, damages or expenses (including attorneys'
fees) incurred as a result of the filing of such liens, or in obtaining their discharge,
whether such costs, damages or expenses were incurred prior or subsequent to
lease cancellation. If Lessee suffers or permits any lien to be filed against the
Lessee's leasehold interest, the County may, at its discretion, construe such lien as
a default and cancel the lease according to the provisions herein.
8.07 Termination:
Either party to this lease may by written ninety (90) day notice to the other party,
terminates its obligations under this lease.
8.08 Default:
If Lessee violates or defaults on any undertaking, promise of performance called for
herein, the County may cancel this lease provided that the Lessee has been
notified of the violation of default thirty (30) days prior to such cancellation and such
violation or default has not been corrected within such time. Upon cancellation, the
County shall have the right to re-enter the premises. Upon cancellation, all
improvements on the premises shall become the property of the County subject
only to any previously approved security interest. Additionally, the County may
seek damages for any such violation of default with or without cancelling this lease.
8.09 County's Right to Cure Defaults:
If Lessee fails to perform any undertaking or promise contained herein; the County
shall have the option to make such performance after giving written notice to the
Lessee. The County's expenditures to correct Lessee's failure to perform shall be
reimbursed by Lessee together with interest at the rate of one percent (1 %) per
month accruing from the date of such expenditure.
8.10 Remedies Cumulative:
The specified remedies to which County may resort under the terms of this lease
are cumulative and are not intended to be exclusive of any other remedies or
Lookout Mountain Lease PAGr 6
KIT'lRAS COUNTY
means of redress to which County may lawfully be entitled in case of any breach or
threatened breach of Lessee of any provision of this lease.
8.11 Force Majeure:
The County's failure to perform any of its obligations under this lease shall be
excused if due to causes beyond its control and without the fault or negligence of
the County, including but not restricted to acts of God, acts of the public enemy,
acts of any government, vandalism, fires, lightening, floods, epidemics or labor
strikes.
8.12 Preservation of Markers:
Any legal land subdivision survey corners, reference points or monuments are to be
preserved. If such are destroyed or disturbed, the Lessee shall reestablish them by
a licensed land surveyor in accordance with U.S. General Land Office standards at
their own expense. Corners and/or reference points or monuments that must
necessarily be disturbed or destroyed in process of carrying out the operations
allowed by this lease must be adequately referenced and/or replaced in
accordance with RCW 58.24.040 (6). Such references must be approved by the
County prior to removal of said corners, reference points or monuments.
8.13 Condemnation:
If all of the premises is taken by any public authority under power of eminent
domain, this lease shall terminate as of the date possession was taken by said
public authority pursuant to such condemnation. If any part of the premises is so
taken and, in the opinion of either County or Lessee, it is not economically feasible
to continue this lease in effect, either party may terminate this lease. Such
termination by either party shall be made by notice to the other given not later than
thirty (30) days after possession is so taken, the termination to be effective as of the
later of 30 days after said notice or the date possession is taken. If part of the
premises is so taken and neither County nor Lessee elects to terminate this lease,
or until termination is effective, as the case may be, the rental shall be abated in the
same proportion as the portion of the premises so taken bears to the whole of the
premises, or County -owned improvements thereon, shall belong to and become the
property of the County and Lessee hereby assigns to the County any and all claims
to such award. However, County shall not claim any interest in or to personal
property or authorized improvements belonging to Lessee.
Signed this day of
Lookout Mountain Lease PAGE 7
KIT71TAS COUNTY
WITNESSETH:
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
❑ Deputy Clerk of the Board- Mandy Buchholz
Approved as to Form:
Prosecuting Attorney
LESSOR:
BOARD OF COUNTY
COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Cory Wright, Chairman
Brett Wachsmith, Vice -Chairman
Laura Osiadacz, Commissioner
LESpSEE: f/
Kittitas Reclamation District
Lookout Mountain Lease rncr L
STATE OF WASHINGTON )
ss.
County of Kittitas )
I certify that I know or have satisfactory evidence that Urban Eberhart is the person who appeared
before me, and said person acknowledged that they signed this instrument, and on oath stated that
they are authorized to execute the instrument and acknowledged it as the Secretary of the Kittitas
Reclamation District, an Irrigation District organized pursuant to Chapter 87.03 RCW, to be the
free and voluntary act of the Kittitas Reclamation District for the uses and purposes mentioned in
the instrument.
GIVEN under my hand and official seal this 1 S day of 11q�4�� , 2019
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Printed Name: S(t} 0. 1 i Cyto VS
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Notary Public in and for the State of Washington
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March 25, 2023
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ORIGINAL
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
205 West 5th, Room 108
Ellensburg, WA 98926
ciecem6e
THIS LEASE is made pursuant to RCW 39 33.010 on this a�, day of*rogesk 1994,
between KITTITAS COUNTY, Washington, a municipal corporation acting by and through its duly
elected Board of County Commissioners hereinafter called the "County", and KITTITAS
RECLAMATION DISTRICT, hereinafter casted "Lessee".
That the County leases to the Lessee space within an existing Mttitas County Department
of Public. Works communications building located within the following described premises in KMas
County, Washington.
The northeast quarter of the northeast quarter of Section 11, Township 19 North, Range 16
East, W.M., Kittitas County, State of Washington
Latitude - 47° 09'55"
Longitude - 120° 4720"
More commonly known as: Lookout Mountain Communications Building.
This lease is subject to the terms and conditions hereinafter set out
SECTION I -OCCUPANCY
1.01 Term, This lease shall be for twenty-five (25) years and shall commence on August 1,
1994, and terminate on Jury 31, 2019.
SECTION 2 - USE OF SITE
2.01 Permitted Use. The nonexclusive use of the premises shall be to maintain,. repair and
operate communications equipment only.
ly In the event Lessee desires to change frequencies or add units, authorization must
be obtained in writing from the County. Rent will be adjusted accordingly for any
additional units authorized.
2) The Lessee ishereby authorized to maintain, repair and operate t unit(s)
within the above described premises.
3) A unit is defined as a transmittertreceiver with coaxial or wave guide connection
between the transmitter and antenna or combiner.
2.02 Electronic Rights. The Lessee shall comply with the practices or procedures in the
"Minimum Standards for Communication Sites", attached as Exhibit A and by this reference made a
part thereof. The County reserves the tight to amend the standards set forth in Exhibit A. The
Lessee shall tae informed of such amendments by written notice.
SECTION 3 - PAYMENT.
3.01 Payment. Payments made hereunder will be as follows:
1) The minimum annual rent shall be $100,00 and shall be payable on or before June
I of the ensuing year.
LOOKOUT MOUNTAIN LEASE
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♦ma�yr `i rr
PRGE 7
2) Utility Service. The Lessee shall pay for all utility service to and serving the Lessee's
equipment ,
3.02 Leasehold Tax Compliance. If the County must pay any taxes, penalties or interest
because of the failure of Lessee to pay such taxes, penalties or interest, such obligations shall be
considered a debt to the County.
3.03 Place of Payment. All payments shall be paid to the IGttitas County Department of Public
Works, 205 W. Fifth, Room. 108, Ellensburg; Washington 989263129.
3.04 Late Payment. Charge. Any late payment of rents or other payments due under this lease
shall be subject to an additional charge of the highest interest rate permitted by R.C.W_ 19.52.020
per month on the unpaid balance. Acceptance of late rem payment, or of any other payment, by
the County from Lessee after any default by Lessee shall not constitute a waiver of any such
default or any other default
SECTION 4 - RESERVATIONS
4,01 Compliance. The County reserves the right to access the premises at all times to insure
compliance with the terns of this lease.
4.02 Restrictions on Use.
1) The Lessee shall conform to all applicable laws and regulations of any public
authoniy, affecting the premises and the use thereon and correct, at the Lessee's
sole expense, any costs of such compliance including any fines or penalties. The
Lessee shall obtain all federal, state and local permits and licenses necessary to
operate under this lease;
2) The Lessee shall not allow debris or refuse to accumulate on the premises;
3) The Lessee upon notification, shall immediately take remedial action to .elute
interference caused by its operations to senior priority rights. Senior Priority Rights
are defined as follows: The County reserves the right to disconnect power to any
transmitters causing interference: (a) Immediately if it affects emergency services or
public safety, or (b) after 48 hours of discovery of the interference.
4) Senior priority rights is defined as any communications or microwave equipment
currently existing and/or operating in and around the general vicinity.
5) Lessee's installations shall conform with the approved Technical Data Sheet(s)
attached hereto and marked as Exhibit B. Additional approved Technical Data
Sheets may be added to Exhibit B upon approval by the County.
5) The Lessee shalt not change or add additional transmitting or receiving frequencies
or equipment without submitting a new Technical Data Sheet for approval. If
unauthorized units are located on the premises, a penalty of triple annual unit rent
may be charged for each such unit. Unauthorized units are also subject to removal
at the option of the Counly.
7) The Lessee shall not cause, at any given time, effected radiated power beyond that
of the total of effected radiated power in the sum of the approved Technical Data
Sheets.
8) When Lessee changes or adds additional transmitting or receiving frequencies, the
priority right for new frequencies will be the date of approval shown on the Technical
Data Sheet.
SECTION 5 - REQUIREMENTS
5.01 Assicnmen#. No rights created by this lease may be assigned, sublet or transferredwithout
written approval from the County. Approval of a proposed assignment may be conditioned by
charging additional rents to reimburse the County for any additional casts of management or losses
of rentals resulting from the. assignment The County may deny the approval of a proposed
LOOKOUT MOUNTAIN LEASE PAGE 2
�l l
assignment based upon its opinion of the financial and management capability of the proposed
assignee.
5.02 Indemnity by Lessee. Any and all claims which may be made by Lessee, or third parties,
arising out of or resulting from the condition of the premises and any improvements thereon, or ad
or omission an the part of the Lessee, shall be Lessee's obligation. Lessee agrees to indemnify the
County and hold harmless from all losses, damages and expenses (including attorney fees) which
may arise out of or result from such claims.
5.03 Assessments. The Lessee shall pay all assessments that may be charged against the
premises.
5.04 Insolvency of Lessee. If the Lessee becomes insolvent, bankrupt, or has a receiver
appointed, the County may cancel this lease at its option. Insolvency as used herein will mean the
inability of the Lessee to meet obligations as they come due.
SECTION 6 - ACCESS ROADS AND ROAD MAINTENANCE
6.01 Access. Provisions for the use of the existing rights-of-way for access to and including the
premises, are as follows:
A nonexclusive right to use the existing county road (Hart Road) over and across the
location shown on the map marked as Exhibit C attached hereto and by this reference
made a part hereof, for the purpose of gaining access to the communication site.
6.02 Road Maintenance. The County shall perform all routine maintenance including snow
removal to the communications building, The Lessee shall repair, or cause to be repaired, at its
sole cost and expense that damage to said road occasioned by it which is in excess of that which it
would cause through normal and prudent usage of said road
SECTION 7 - IMPROVEMENTS AND/OR FOff URES
7.01 Unauthorized Improvements. All improvements and/or fixtures made on the premises
without the written consent of the County are unauthorized and shag either be removed by the
Lessee, removed by the County at the cost of the Lessee, or become the property of the County at
the Countys option. The County may, at its discretion, construe any unauthorized improvements
and/or fixtures as a default by Lessee and cancel the lease according to the provisions herein.
7.02 -Maintenance and Repair of Imorovemenis. Lessee shall maintain and repair its
improvements andfor fixtures at its own cost. The County shall maintain and repair its.
improvements and/or fixtures at its own cost
7.03 Removal-pLimprovements. All improvements ancUor fixtures, upon expiration or
cancellation of this lease shall become the property of the County. At the County's option, Lessee
may be required to remove said improvements andior fixtures at its cost, or the County may remove
said improvements and/or fixtures and charge Lessee for its costs.
SECTION 8 - MISCELLANEOUS
8.01 No Partnership. The County is not a partner nor a joint venturer with the Lessee in
connection with the business carried on under this lease and shall have no obligation with respect
to the Lessee's debts or other liabilities.
8.02 Non -Waiver. Waiver by either party of strict performance, or any provisions of this tease,
shall not be a waiver of, nor prejudice either party's right to require strict performance of the same
provision in the future or of any other provision.
8.03 Attorney Fees and Venue. Each part shall be responsible for its own attorney fees in the
event of a dispute arising out of this agreement except as set forth in Sections 5 - 5.02 and 8 - 8.06.
Venue for resolving such disputes shall be in Kittitas County Superior Court.
LOOKOUT MOUNTAIN LEASE PAGE 3
' � l
8.04 Intemretaton and Numbering. This lease has been submitted to the scrutiny of all parties
hereto and their counsel if desired, and shall be given a fair and reasonable interpretation i
accordance with the words hereof, without consideration or weight being given to its having been
drafted by any party hereto or its counsel. Section numbers or titles are not to be considered in
interpreting this lease.
8.65 Notices. Any notice given under this lease shall be deemed as received then delivered by
hand or three (3) days after deposit in the United States mail with first class postage affixed
addressed as follows: To the County: Kiditas County Public Works, 205 W. Fifth., Room 108,
Ellensburg, Washington 9892&3129. To the Lessee: At the address given by the Lessee in the
signature block on official documents of record with this lease. Changes of address may be given
in accordance with this section after written notfication of such change by either party.
8.06 Liens. Lessee shall not suffer or permit any lien to be filed against Lessee's leasehold
interest in the premises or any improvement thereon, by reason of work, labor, services or materials
performed or supplied to Lessee or anyone holding the premises, or any part thereof, under lease.
It any such lien is filed against Lessee's leasehold interest, or any improvements. thereon, Lessee
shall cause the same to be discharged of record within thirty (30) days after the date of Bing the
same unless other arrangements are authorized in writing by the County. Lessee shall indemnify
the County for any costs, damages or expenses (including attomeye fees) incurred as a result of
the filing of such liens, or in obtaining their discharge, whether such costs, damages or expenses
were incurred prior or subsequent to lease cancellation. If Lessee suffers or permits any lien to be
filed against the Lessee's leasehold interest, the County may, at Its discretion, construe such lien as
a default and cancel the lease according to the provisions herein.
8.07 Termination. Either party to this lease may by written 90 day notice to the other party,
terminate its obligations under this lease.
8.08 Default. If Lessee violates or defaults on any undertaking, promise of performance called
for herein, the County may .cancel this lease provided that the Lessee has been notified of the.
violation of default thirty (30) days prior to such cancellatlon and such viotation or default has not
been corrected within such time. Upon cancellation, the County shall have the right to re-enter the
premises. Upon cancellation, all Improvements on the premises shall become the property of the
County subject only to any previously approved security interest. Additionally, the County may seek
damages for any such violation of default with or without cancelling this lease.
8.09 CountVs Right to Cure Defaults. If Lessee fails to perform any undertaking or promise
contained herein, the County shall have the option to make such performance after giving written
notice to the Lessee. The County's expenditures to Correct Lessee's failure to perform shall be
reimbursed by Lessee together with interest at the rate of one percent (1%) per month accruing
from the date of such expenditure.
8.10 Remedies Cumulative. The specified remedies to which County may resort under the terms
of this lease are cumulative and are not intended to be exclusive of any other remedies or means of
redress to which County may lawfully be entitled in case of any breach or threatened breach of
Lessee of any provision of this lease.
8.11 Force Maieure. The County's failure to perform any of its obligations under this lease shall
be excused if due to Causes beyond its Control and without the fault or negligence of the County,
Including but not restricted to acts of God, acts of the public enemy, acts of any government,
vandalism, fires, lightening, floods, epidemics or labor strikes.
8.12 Preservation of Markers. Any legal land subdivision survey comers, reference points or
monuments are to be preserved. If such are destroyed or disturbed, the Lessee shall reestablish
them by a licensed land surveyor in accordance with U.S. General Land Office standards at their
own expense, Comers and/or reference points or monumentsthat must necessarily be disturbed
or destroyed in process of carrying out the operations allowed by this lease must be adequately
referenced and/or replaced in accordance with R.C.W. 58.24.046 (6). Such references must be
approved by the County prior to removal of said comers, reference points or monuments.
8.13 Condamnation. If all of the premises is taken by any public authority under the power of
eminent domain, this lease shall terminate as of the date possession was taken by said public
authority pursuant to such condemnation. If any part of the premises is so taken and, in the opinion
of either County or Lessee, it is not economically feasible to continue this lease in effect, either
party may terminate this lease- Such termination by either party shall be made by notice to the
LOOKOUT MOUNTAIN LEASE PAGE 4
other given not later than 30 days after possession is so taken, the termination to be effective as of
the later of 30 days after said notice or the date possession is taken. If part of the premises is so
taken and neither County nor Lessee elects to terminate this lease, or until termination is effective,
as the case may be, the rental shall be abated in the same proportion as the portion of the
premises so taken bears to the whole of the premises, or County -owned improvements thereon,
shall belong to and become the property of the County and Lessee hereby assigns to the County
any and all claims to such award. However, County shall not daim any interest in or to personal
property or authorized improvements belonging to Lessee.
ofirem6ei
SIGNED this.; day of August 1994.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
c
Donald E. Sorenson, Chairperson
LESSEE
KITTITAS RECLAMATION DISTRICT
Paul A.DavenpoR, Marta Bran
Secretary to Board
P.O. Box 276
Ellensburg, WA 98926
(509) 925-6156
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