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HomeMy WebLinkAboutAddendum to Lease_DNR_2020KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS AGENDA STAFF REPORT AGENDA DATE: March 3, 2020 ACTION REQUESTED: Request to Approve & Sign Lease Addendum with Department of Natural Resources for County Property located at the Bowers Field Airport. BACKGROUND: On May 11, 1977, the Department of Natural Resources entered into a 50 -year lease with Kittitas County for approximately 8 acres. The Department of Natural Resources requested to lease an additional 5.04 acres to construct a storage building in 2015. This Lease Addendum is for five (5) years with the next increase scheduled for July 1, 2024. The increase for the 8.12 acres will be to $0.42 per square foot and the rate of $0.14 per square foot for the 5.02 acres will be used. INTERACTION: Public Works; DNR RECOMMENDATION: Move to approve and sign the Lease Addendum with the Department of Natural Resources. HANDLING: Return 1 Original to Public Works ATTACHMENTS: Lease; Addendum LEAD STAFF: Mark Cook Director of Public Works KITTITAS COUNTY AIRPORT DEPARTMENT OF PUBLIC WORKS ADDENDUM TO LEASE THIS ADDENDUM TO LEASE is made and dated this _day of , 2020 by and between Kittitas County, a municipal corporation in the State of Washington, hereinafter referred to as the LESSOR, and Department of Natural Resources, hereinafter referred to as the LESSEE. WITNESSETH: WHEREAS, LESSOR and LESSEE entered into a Lease on May 11, 1997, a copy of which is attached hereto and by this reference incorporated herein, and WHEREAS, according to Paragraph 2 "Rent', it states "DNR herewith agrees that the rentals for every five-year period after the initial five-year period of the term of this lease may be readjusted by the Board of County Commissioners not to exceed the fair rental value of such lease premises not including any improvements made by lessee: provided, that in no event shall such rental adjustment be greater than 40% of the rental for the previous five-year period, and WHEREAS, from 7/01/2019 thru 6/30/2024 the increase will be $0.042 per square foot per the negotiated amount between the Lessor and Lessee for the lease of 8.12 acres (353,707.20 sq. ft.); and WHEREAS, from 7101/2019 thru 6/30/2024 the increase will be $0.14 per square foot per the negotiated amount between the Lessor and Lessee for the lease of the 5.02 acres (218,671.20 sq. ft.). ADDENDUM TO LEASE - DNR `;iA6E 1 KITTITAS COUNTY AIRPO>2 41 NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties to a change in rental rates and contract terms as follows: "Paragraph #2 — Rent" — Rental Rates for 7/01/19 thru 6/30/24 Term. Terms and Rental Rates — 8.12 acres (353,707.20 sq. ft.) 7/01/19— 6/30/24 Term Rental Rate ($.042 per Sq. Ft Leasehold Tax Total Per Year 7/01/19 — 6/30/20 $14,855.70 Exem t $14,855.70 7/01/20 — 6/30/21 114,855.70 Exempt t $14855.70 7/01/21 — 6/30/22 $14,855.70 Exempt LA,855.70 7/01/22-6/30/23 $14,855.70 Exempt t $14,855.70 7/01/23 — 6/30/24 14 855.70 Exempt $14,855.70 7/01/24 Rene otiate I Rene otiate Terms and Rental Rates — 5.02 acres (218,671.20 sq. ft.) 7/01/19— 6/30/24 Term Rental Rate ($.14 per Sq. Ft Leasehold Tax Total Per Year 7/01/19 — 6/30/20 $30,613.97 Exempt JK,6l3.97 7/01/20 — 6/30/21 $30,613.97 Ex t $30,613.97 7/01/21 —6130/22 $30,613.97 Exempt $30,613.97 7/01/22— 6/30/23 $30,613.97 Exem t 130,613.97 7/01/23 — 6/30/24 $30,613.97 Exempt $3Q613.97 7/01/24 Rene otiate Renegotiate A. July 1, 2019 through June 30, 2024. LESSEE promises and agrees to pay rent to LESSOR at the rate of ($0.14 per square foot) per year for the leased premises, made on or before the 10th day of each month in which such payment is due. This is the "then current rate" per square foot of leased property used for "aeronautical purposes" and "non - aeronautical purposes" as set by Bowers Field. Payments shall be made to Kittitas County Department of Public Works. Any rental payment past due shall accrue a delinquency charge of eighteen percent (18%) per annum, levied monthly. B. For that area only used for storage, manufacturing, warehousing and/or other business uses associated with Regional State Land Management and Wildland Fire Related Services, LESSEE promises and agrees to pay ADDENDUPA TO LEASE - D"�R PAGE 2 KITTITAS COUNTY AIRPORT rent to LESSOR at the rate of ($0.14 per square foot) per year for the leased premises, made on or before the 10"' day of each month in which such payment is due. The rate for this square footage shall be in lieu of the rate established in Paragraph A above, and is not additive for that square footage that is used. ADJUSTMENT OF RENTAL: Effective July 1, 2020, the annual lease payment shall be minimally increased by one and one-half percent (1.5%) as a set lease rate increase. The lease rate shall increase by 1.5% each year of this lease amendment and compared against the Consumer Price Index as follows: Effective January 1, 2024, the United States Bureau of Labor Statistics Consumer Price Index (CPI), Seattle -Everett Metropolitan Area, All Urban Consumers - Base Year 1984 average shall be computed for the years 2019 through 2023. If the CPI average is higher for the previous five (5) years than the 1.5% per year used the previous five (5) years, the rate increase applicable January 1, 2024, shall be this average CPI increase. This new average rate increase shall be used for the next five (5) calendar years, i.e. January 1, 2024 through 2028. This methodology shall be used throughout the remaining years of the agreement. Modifications to the rental rate per square foot of airport property shall be based on the then current "aviation" (direct aeronautical) or "commercial' (non -aeronautical) standard rate as set by LESSOR and the specific property areas being leased. KIT TITAS COUNT" 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. Attest: Clerk of the Board Approved as to form: Prosecuting Attorney WSBA # LESSOR BOARD OF COUNTY COMMISSIONERS Chairman Vice Chairman Commissioner LESSEE LfiGi �`�•y Z�y�Zo 2 a Department of Natural Resources - Representative ADDERIDUA? TO LEASE - DNR Pf,�:E _. �.. _f KITTITAS COUNTY AIRPORT ;J -bp y DEPARTMENT OF PUBLIC WORKS ADDENDUM TO LEASE THIS ADDENDUM TO LEASE is made and dated this of U,i1L. 20L, by and between IGttitas County, a municipal corporation in the State of Washington, hereinafter referred to as the LESSOR, and Department of Natural Resources, an agency of the State of Washington, and hereinafter referred to as the LESSEE. WITNESSETH: WHEREAS, LESSOR and LESSEE entered into a Lease on May 11, 1977, a copy of which is attached hereto and by this reference incorporated herein; and WHEREAS, according to Paragraph 2 "Rent", it states "DNR herewith agrees that the rentals for every five-year period after the initial five-year period of the term of this lease may be readjusted by the Board of County Commissioners not to exceed the fair rental value of such lease premises not including any improvements made by lessee: provided, that in no event shall such rental adjustment be greater than 40% of the rental for the previous five-year period; and WHEREAS, it has been agreed between LESSOR and LESSEE that the following CPI Index will be used for the time periods 7/01/2012 thru 6/30/2014 rental increases. The CPI Index to be used: "CPI — All Cities -All Items Size Class D Under 50,000" WHEREAS, from 7/01/2017 thru 6/30/2019 the increase will be 50.03 per square foot per the negotiated amount between the Lessor and Lessee for the lease of 8.12 acres (353,707.20 sq. ft.). The next increase will require a Lease Amendment to be drafted on or before July 1, 2019 for the next lease term for said 8.12 acres (353,707.20 sq. ft.). DNR Lease Addendum PAGE 1 K11111AS COUNTY AIRPORT WHEREAS, the term and rental rate for the 5.02 acres (218,671.20 sq. ft.) will remain at the rate of $0.12 per square foot with the renegotiation date to be at the end of said two year period. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties to a change in rental rates and contract temis as follows: 1) "Paragraph #2 - Rent" - Rental Rates for 7/01/2017 thru 6/30/2019 Term. Terms and Rental Rates - 8.12 acres (353,707.20 sg. ft.) 1) "Paragraph 42 - Rent" - Rental Rates for 7/01/2017 thru 6/30/2019 Term. Lease Periods: 7/01/17 thru 6/30/19 Rental Rate ($0.03 ger Sq. F11 Rental Rate Per Acre Total Per Year: 07/01/17-06/30/18 $10;611.22 $1,306.80 $10,611.22 7/01/18-06/30/19 $10.611.22 $1,306.80 $10.611.22 07/01/19 To Be Negotiated To Be Negotiated To Be Negotiated Terms and Rental Rates - 5.02 acres (218,671.20 sg. ft.) 1) "Paragraph 92 - Rent" - Rental Rates for 7/01/2017 thru 6/30/2019 Term. Lease Periods: Rental Rate ( $0.12 Rental Rate Per Acre Total Per Year: 07/01/17 thru 06/30/19 per Sq. Ft) 07/01/17-06/30/18 $26.240.54 $5,227.20 $26,240.54 07/01/18 - 06/30/19 $26,240.54 $5,227.20 $26,240.54 07/01/19 To Be Negotiated To Be Negotiated To Be Negotiated DNR Leasc Addendum PAGE 2 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 seats the day and year first above written. GQut�1TY ' ASH NGS �•• Berk of theI�oar� d LESSOR: BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON st cz. an Approved as to Form: r Obie O'Brien, Vice -Chair Prosecuting Attorney — Jul �"-IrCommissioner LESSEE: DNR - Representat• e DNR Lease Addendum PAGE 3 -� KITTITAS COUNTY AIRPORT DEPARTMENT OF PUBLIC WORKS ADDENDUM TO LEASE THIS ADDENDUM TO LEASE is made and dated this 1" day of May, 2015, by and between Kittitas County, a municipal corporation in the State of Washington, hereinafter referred to as the LESSOR, and Department of Natural Resources, an agency of the State of Washington, and hereinafter referred to as the LESSEE. WITNESSETH: WHEREAS, LESSOR and LESSEE entered into a Lease on May 11, 1977, a copy of which is attached hereto and by this reference incorporated herein; and WHEREAS, on May 1, 2012 Addendum No. 1 was executed to set the rental rates as agreed upon by the parties and as described below in Terms and Rental Rates — 8.12 acres; and WHEREAS, the LESSEE requested from LESSOR to lease an additional 5.2 acres abutting the current acreage being leased; and WHEREAS, a Binding Site Plan Amendment was completed to accommodate the request and has been approved, and WHEREAS, the legal description for said parcel is attached as Exhibit "A" to said Amendment; NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties that this Addendum to Lease is to address the rental rates and contract terms as follows for the additional 5.2 acres and the current rental rates and contract terms for the 8.12 acres: Terms and Rental Rates — 8.12 acres (353,707.20 so ft.) 1) "Paragraph #2 — Rent" — Rental Rates for 7/01/2012 thru 6/30/2017 Term. Lease Periods: thru 6/30117 Current Rate CPI — 2.3% Lease 40% Incr. New Rate LejPeriods:ds:7/01112 7/01/12 — 6/30/13 $3,430.00 $78.89 $3,508.89 7/030/137/01/13 — 6/30/14 $3430.00 $78.89 $3508.89 7/030/147101/14 — 6130/15 $3,430.00 Per Lease 40% Inc. $4,802.00 7/001157/01/15 — 6/30/16 $3,430.00 Per Lease 40% Inc. $4,802.00 7/001167/01/16 — 6/30117 $3,430.00 Per Lease 40% Inc. $4,802.00 7100/177101/17 To Be Ne otiated To Be Ne otiated DNR Lease Addendum PAGE i KITTITAS COUNTY Terms and Rental Rates — 5.02 acres (218.671.20 so. ft.) 1) "Paragraph #2 - Rent" - Rental Rates for 6/0112015 thru 613 012 01 7 Term. AIRPORT Lease Periods: 05/01/15 thru 06/30117 Rental Rate 1 $0.12 per Rental Rate Per Acre Total Per Year: §R --Fit 05/01/15 --06/30/15 $4,373.42 $5,227.20 $4,373.42 07/01/15 - 06/30/16 $26,240.54 $5,227.20 $26,240.54 07/01/16 - 06130/17 —$2-6,240 —54 $5,227.20 $26,240.54 07/01/17 To Be Negotiated To Be Negotiated To Be Negotiated 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: BOARD OF COUNTY COMMISSIONERS ,y-�,,,����'""'����„ KITTITAS COUNTY, WASHINGTON `(y`.. GOMA.. � l ..'•. �n s •. y �_ '-t !!1' Gary Berndt, hairperson ABSENT FiF/F11 UYCu r4R� hYi it iwi,,. Obie O'Brien, Vice -Chair Prosecuting Attomey WSBA # PauQJeweCommtssIoner LESSEE: 01� Representativ DMR Lease Addendum PAGE 2 KITTITAS COUNTY AIRPORT EXHIBIT "A" Lot H -1A, Kittitas County Airport Amended Binding Site Plan (BS -15-00001), as delineated on Book 39 of Surveys, at Pages 192 and 193, recorded under Auditor's File No. 201506290003, Records of Kittitas County, Washington; being a portion of the Southeast Quarter of Section 23, and of the Southwest Quarter of Section 24, all in Township 18 North, Range 18 East, W.M., in the County of Kittitas, State of Washington. DNR Lease Addendum PAGE 3 KITTITAS COUNTY AIRPORT DEPARTMENT OF PUBLIC WORKS ADDENDUM TO LEASE THIS ADDENDUM TO LEASE is made and dated this 1" day of May, 2012, by and between Itittitas County, a municipal corporation in the State of Washington, hereinafter referred to as the LESSOR, and Department of Natural Resources, an agency of the State of Washington, and hereinafter referred to as the LESSEE. WITNESSETH: WHEREAS, LESSOR and LESSEE entered into a Lease on May 11, 1977, a copy of which is attached hereto and by this reference incorporated herein; and WHEREAS, according to Paragraph 2 "Rent', it states "DNR herewith agrees that the rentals for every five-year period after the initial five-year period of the term of this lease may be readjusted by the Board of County Commissioners not to exceed the fair rental value of such lease premises not including any improvements made by lessee: provided, that in no event shall such rental adjustment be greater than 40% of the rental for the previous five-year period; and WHEREAS, it has been agreed between LESSOR and LESSEE that the following CPI Index will be used for the time periods 7/01/2012 thru 6/30/2014 rental increases. The CPI Index to be used: "CPB —All Cities -All Items Size Class D Under 50,000" From 7/01/2014 thru 6/30/2017 the increase will be based upon the 40% increase per the DNR existing lease. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties to a change in rental rates and contract terms as follows: DNR Lease Addendum PAGE 1 1) "Paragraph #2 - Rent" - Rental Rates for 7/01/2012 thru 6/30/2017 Term. Lease Periods: 7101112 thru 6/30117 Current Rate CPI - 2.3% Lease 40% Incr. New Rate Lease Periods: 7/01/12 - 6/30/13 $3.430.00 $78.89 3,508.89 7/01/12 - 6/30113 7/01/13 - 6130/14 $3.430.00 $78.89 3,508.89 7/01/13-6/30114 7/01/14 - 6/30115 $3,430.00 Per Lease 40% Inc. $4,802.00 7/01114 - 6/30115 7/01/15 - 6/30/16 $3,430.00 Per Lease 40% Inc. $4,802.00 7/01/15 - 6/30116 7/01/16 - 6/30/17 $3,430.00 Per Lease 40% Inc. $4,802.00 7101116 - 6/30/17 7/01/17 1 To Be Negotiated To Be Negotiated 7/01117 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. `\,,,...%%I 1l I I 111111„„ri w5soolve, 2r .� Z I`_ST: j ter= "X, rk o � e and'ly Jerk of the Approved as to Form LESSOR: BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Alan Crankoki.ch, Chairman 511 //a Obie O'Brien, Vice -Chairman Prosecuting Attorney ASSENT WSBA # Paul Jewell, Commissioner LESS William J. Frare engineering Division Manager resentative 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 ' 20 21 22 23 24 25 26 27 29 29 30 nPD L E A S E THIS ,LEASE made and dated this 0 day of May, 1977, by and between Nittitas County, a municipal corporation in the State of Washington, hereinafter referred to as the County, and the Department of Natural Resources, an agency of the State of Washing ton, hereinafter referred to as DNR. The county hereby agrees to lease to DNR, and DNR hereby agrees to lease from the County, the following described real property situated in Rittitas County, Washington, to -wit: All that portion of the SE 1/4 SE 1/4, Section 23 and SW 1/4 SW 1/4, Section 24, Township 18 North, Range 18 East, W.M., Eittitas County, Washington, described as follows: Beginning at the Southwest corner of Section 24, Township 18 North, Range 18 West, W.M., thence North 0°35' West along the West section line said Section 24 a distance of 60.0 feet to a true point of beginning. From the true point of beginning, thence North 87.-3gj-pe3f East a distance of 4,7,73 feet, thence North 2°43'45" �f West a distance of 3$7.19 feet, thence South'87°34'45" West a distance of 1,029.25 feet, thence North 47025130" West a distance of 391.35 feet, thence South 870341 West a distance of 91.63 feet, thence South 0"411 ,] East a distance of 386.78 feet, thence North 870^ East a distance of 923.07 feet, thence South 0035'0011 East a distance of 261.53 feet, thence North 87035100" East a distance of 29.04 feet which point is the true point of beginning. TERM: The term of this lease shall commence on the 1st day of June, 1977, and shall terminate on the lst day of June, 2027. RENT: The DNR shall pay the following rent on June 1, 1977, and each year thereafter during the term in advance the sum of LEASE PAGE ONE JOSEPH PANATTONI #�T TI T/.8 COY NTY pp08 [CYTOB P.O. 8O# 8Tf [LLWee Yl, e. W,.e MINOTON eeeaB ♦[LCpMON[ ]OBI P38.9]BB 1 2 9 4 5 6 7 8 9 10 11 12 19 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 $ �Sd, �D per annum. DNA herewith agrees that the rentals for every five-year period after the initial five-year period of the term of this lease may be readjusted by the Board of County Commissioners not to exceed the fair rental value of such lease premises not including any improvements made by lessee: PROVIDED, That in no event shall such rental adjustment be greater than 40% of the rental for the previous five-year period. In the event the County and DNR cannot agree upon the rentals for said five-year period, the parties shall submit to have the disputed rentals for the subsequent period adjusted by arbitration. The County shall pick one arbitrator, and DNR one, and the two so chosen shall select a third. No board of arbitrators shall reduce the rentals below the sum fixed or agreed upon for the last preceding period. Each party shall bear the expense of the arbitrator selected by it. The costs and expenses of the third arbitrator shall be shared equally by the lessee and lessor. UTILITIES: There presently exists a water system at the Rittitas County Airport, and DNR shall be entitled to free water from said system. All other utilities shall be paid by DNR. In the event that the existing water system should fail and extensive repairs should become necessary or it should become necessary to install a new water system, DNR agrees at that time to commence paying a reasonable charge for domestic water. hSSIGNMENT: DNR shall not assign nor sublet this lease nor any LEASE ?AGE TWO JOSEPH PANATTONI XITTITAE COVNry apoCLC VTO0. [LL CIiEBVpB. W�6NIN GTON •ea as Ta LpNop[ ,vo[, uaaXu 7 3 4 5 6 7 8 9 10 11 12 19 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 so Portion thereof without first having obtained the written consent of the County therefor. PROPERTY DAMAGE AND BODILY INJURY: The DNR hereby agrees to indemnify and hold harmless the County from any and all claims or demands of whatsoever nature arising out of loss, damage or injury to persons or property resulting from DNR'S use or occupation of the leased premises and areas adjacent thereto caused by the tortious acts or neglect of the DNR, its agents or employees to the extent allowed by law. QUIET ENJOYMENT: The County covenants with DNR.that on payment of the rent herein required to be paid and performance of the covenants herein contained, DNR and those holding under it may peaceably and quietly have, hold and enjoy the premises for the term hereof, for the purpose of conducting its business in the usual and customary manner. WAIVER: No assent, express or implied, by the County to any branch of any of DNR'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. INSPECTION: At all times during the term of this lease or any extension thereof, the County shall have the right to enter into and upon the demised premises during reasonable business hours for the purpose of examining and inspecting the same and determining .EASE 'AGE THREE JOSEPH PANATTONI Nlnirwc couxn ggocccuroa no. W SMI RL[xSbVq G..W/.]NINGTON •Op30 TR CrNON[ IBB]) b]].b]SB y i 1 2 3 whether DNR shall have complied with all of its obligations here- 4 under in respect to the care and maintenance of the premises and al: 5 other terms and conditions hereof. 6 7 WATER: DNR agrees to pay all water charges to the Kittitas County Reclamation District. 8 9 SPECIAL CONDITIONS: Irrigation ditches must not be rerouted without 10 written approval from the Board of Kittitas County Commissioners. 11 Irrigation water utilized by the DNR will not be allowed to run off 12 on runways. 13 14'FENCES AND DITCHES: The DNR shall care for and maintain all fences, 15 irrigating and drainage ditches upon said property or appurtenances 18 thereto in a state of good repair and condition during the term of this lease. 17 18 WASTE: The DNA shall not commit waste of the leased property and 19 shall comply with all the regulations of the weed district within 20 which said leased property is included and shall use all reasonable 21 efforts to eradicate and prevent the growth Of noxious weeds. 22 23 AIRPORT TRAFFIC: It is understood and agreed that the DNR's use of 24 the leased premises shall not in any manner interfere or restrict 25 the use of aircraft landings, take offs, or storage of aircraft as 26 the airport is presently constructed. DNR shall comply with all rules and regulations of the Federal Aeronautics Administration. 27 28 29 30 LEASE PAGE FOUR JOSEPH PANATTONI _ _ KITTITAi COUNT PK06[LNTOP II P.O. 601f a)) RLCNS GIIA O, WpSKIryOTOK •e[aa ravnorye Ieoop [xe.ean c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27' 28 29 3o RIGHTS OF U. S. GOVERNMENT: The County holds title to the property herein leased, partially by virtue of a deed from the United States government. A copy of said deed is attached hereto and made a part of this instrument as though fully set forth herein. DNR agrees that it will do nothing which will cause the County to be in violation of the terms of said deed. DNR further herewith agrees that it has had ample opportunity to review said deed and is aware of all the terms and conditions therein. USE OF PREMISES: DNR agrees that it will use the premises only for the purpose of conducting the operations of the Department of Natural Resources. IMPROVEMENTS: It is understood and agreed between tl}•,7{e pLarties that d Pd a A. e/1.- /PS DNR will use said premises to construct officesAfor DNA. It is 24 C further agreed that before such construction commences, that the - plans and specifications for said construction shall be submitted to the County's Board of County Commissioners for their approval and to FAA for their approval, and no construction shall commence until said approval is received by DNR from each of said agencies in writing. All buildings or other improvements made upon property leased shall belong to and become the property of the County at the expiration of the term. In the event that there is an extension of the term of this Lease, or in the event that the parties hereto agree to another Lease whose term commences immediately following the expiration of '.EASE 'AGE FIVE JOSEPH PANATTON7 KITT,TAa COVNT 1pOi[G VTOp 1. 0. BOC !Tf ClL[H6lVpG. WASNIN6TDH esu® rnveoNz ,vos, pzcszu s) 4 5 0 18 17 is 19 20 21 22 23 24 25 26 27 .28 29 30 this lease, it is agreed that for the first ten years of said extended term or term of a new lease that DNR shall not be required to pay any rental for any buildings or other improvements made u_oon i the leased property during the original term by DNR. F APPROVAL:: This lease shall be of/no effect and h 4^1 be void % v)iless, prior to commencement of theterm,he lease., s approved iq Lease iting by the Federal Aeronautics Admini� tration. �Furthher, thee shall have the right to terminate or requi� readjustment of the terms of this lease in the event FAA does not approve any proposed construction or modification of improvements proposed by the"DNR. DEFAULT: In the event that DNR shall violate this lease, or any of its conditions or terms as herein stated, the County may terminate this lease by giving sixty (60) days written notice of the condi- tions or terms being violated, and if said violations are not 'corrected within the sixty-day period, this lease may be cancelled and the County shall be entitled to peaceably retake possession of the premises: PROVIDED, the lessee shall have the right to remove all improvements if such termination is prior to the thirtieth (30th) anniversary of the date of this lease. Notice to the DNR under this section or any other section shall be in writing and addressed to the Department of Natural Resources, State of Washing- ton, Olympia, Washington, by registered or certified mdil with LEASE PAGE SIX JOSEPH PANATTONI NmrtAs wuNTT pp. ... U.l .17 [LLWLSUNO. WA."INOTON Dl770 TM.INON[ (".) •11.7101 1 2 9 4 5 6 7 8 9 10 11 12 is 14 15 16 17 18 19 20 21 22 2s 24 25 26 27 28 29 SO Ilpostage prepaid, and the parties herewith agree that such notice shall be sufficient. IN WITNESS WHEREOF, the County and DNR have executed this lease on the day and year first above written. Approved as..,to o,/F�orm Only ././T777dey of---2-.J...iw_.19.7. PAGE SEVEN General HITTITAS COUNTY i ATTEST: Aittitas County Auditor DEPARTMENT OF NATURAL RESOURCES, STATE OF WASHINGTON APPROVED: �Fe era Aeronautics A minisrattion JOSEPH PANATTONI KITTIiAi COUNTY iRDitGViDR r.D. e0I tTT [LLFM[lVK4. WAS NIX DTDN ceras Taowane u4n rza-san 4 n 1 2 3 4 5 8 7 8 9 10 11 12 13 14 15 10 17 le 10 20 21 22 23 24 25 26 27 2e 2s 3o STATE OF WASHINGTON ) ) ss. COUNTY OF KITTITAS ) I, the undersigned, a notary public in and for the State of Washington, do hereby certify that on this // day of May, 1977, before me personally appeared Frank Gregerich, Jr., known to me to be the duly elected, qualified and acting Chairman of the Board of Kittitas County Commissioners, and executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said Kittitas County, Washington, for the uses and purposes therein mentioned, and he on oath stated that he was authorized to execute said instrument by resolution of the Board of County Commissioners of Kittitas County Washington, and that the seal affixed is the official seal of Kittitas County. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. LEASE PAGE EIGHT NOTARY PUBLIC in and for t e State of Washington, residing at Ellensburg. JOSEPH PANATTONI KMIL.[ COUNW P[0[[CUTOO P. o. sol 47, RL 26" 2 d3[UMIN 4TOH •n as TnuaoN[ <soq [a [.van O a C G a a u 3 H a m ; M u 04 c' N „Sh.fJ7.ZN L^ F w q F' F F F N Y IJ C W U Q , A P z C ri 4 ao . 'aa in - iaoda�y e ro Gi 3, e N °vl a O u r u w w h m a cc c x3 -v m U Z C v u 3 o my+v N V N pp w b G eJ O O M u f+ r{ O N j N O N X N W y/ v: • 3 C u- v n 4l O N +1 V] {sl N W u 9 Z rl G W W O 4 Y N Q V W OO V Z b m 3 a r ro5 0 ° z v vcpvc 3 aroQ �.a N J m F 17 O of N N � +9i y n 10 v G 3 co 4 u v e �m.i C