HomeMy WebLinkAboutRes-2020-217BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION
NO.2020- , I 1
A RESOLUTION AUTHORIZING LEASE EXECUTION
WHEREAS: The county Airport Department requires office space; and
WHEREAS: the Ellensburg Business Development Authority (dba. Centerfuse) has appropriate
space available; and
WHEREAS: at a public hearing, duly noticed, the Board of County Commissioners determined
it to be in the public's best interest to enter into a lease agreement with Centerfuse
for offrce space for the county's Airport Department.
NOW THEREFORE BE IT RESOLVED that the Kittitas County Board of Commissioners
authorizes execution of a lease for office space between the county and
Centerfuse and hereby authorizes the Director of Airport Operations, Mr.
Benjamin West, to sign said deed and execute any other documents necessary to
carry out the transaction.
DArED this 15fr day of rwmlarr 2020, at Ellensburg, Washington.
BOARD OF COUNTY IONERS
KITTITAS
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,2fl Clerk of oard
E Deputy Clerk of the Board
A RESOLUTION AUTHORIZING LEASE AUTHORIZATION
LEASE AGREEMENT
Airport Building (Kittitas County Regional Airport-Bowers Field)
THIS LEASE is made at Ellensburg, Washington, this _ day of December, M-bv and
between the Ellensburg Business Development Authority (dba CenterFuse), a public
development authority acting on behalf of the City of Ellensburg, Owner, and hereinafter
referred to as Landlord, and the Kittitas County Regional Airport-Bowers Field, hereinafter
referred to as Tenant.
WITNESSES THAT:
ln consideration of the mutual promises, covenants, conditions, and terms to be kept and
performed, it is agreed between the parties hereto as follows:
1.. SUMMARY.
a. Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the
Premises. The leased commercial real estate (the "Premises") consists of
approximately three thousand nine hundred twelve (3,9L2) square feet located at
3L10 N. Airport, Ellensburg WA, Unit #1. The Premises do not include, and Landlord
reserves, the exterior walls and roof of the Premises, the land beneath the Premises,
the pipes and ducts, conduits, wires, fixtures and equipment above suspended ceiling
or structural elements of the building in which the Premises are located (the
"Building"). The Building the land upon which is it situated, all other improvements
located on such land and all common areas appurtenant to the building are referred
to herein as the "Property."
b. lnitial Term. The lease shall commence on January 1,,2021. ("Commencement Date"),
or on such date as may be specified by written notice given by Landlord to Tenant
advising Tenant that the Premises are ready for possession and specifying the
Commencement Date. The initial term of this lease is for two (2) years.
c. Extension of Term. Provided that Tenant is not in default as described in Section l-1
herein, Tenant shall have the option to extend the Lease for a second term of two (2)
years ("Option Period"). This option shall permit Tenant to extend the Lease on the
same terms and conditions as those of the initial term, except that the base rent of
the extension period shall be negotiated at the then existing fair market rental rate for
comparable uses in commercial space located at the Kittitas County Airport, but not
less than the base rent of the preceding year, plus annual increases of net less than 3%
per year of the Option Period. lf the parties
are unable to agree upon the then existing fair market rental rate such dispute shall be
determined in accordance with the rules of the American Arbitration Association.
To exercise the option described in this Section, Tenant must notify Landlord in writing
at least ninety (90) days prior to the expiration of the initial Lease term and request a
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EBDA Airport Building Commercial Lease
determination of the Option Period rental rate as provided herein
d. Base Rent. Tenant shall pay to Landlord as Rent due on the first day of each month the
monthly sum according to the following:
Year one Year two Year three
Start January t,2O2t Start January I,2422 Start TBD
End December 31,
2021
End December 3t,2022 End TBD
ss/sF 3,912 sf SS/SF 3,912 sf SS/sr 3,912 sf
So.os 5z,s+z.ao 5o.es 52,s4z.go TBD TBD
Due Date and Late Charge. Rent is due and payable on the first day of each month
beginning on the Commencement Date and continuing through the lease term or any
renewal or extension thereof. ln the event Tenant fails to pay any installment of Rent
or any other sum due on or before the tenth (10th) day of the month for which it is
due, Tenant shall pay to Landlord a penalty of ten percent (L0%) of the amount due
per month.
f. Prepaid Rent. There is no prepaid rent for this lease.
g. Security Deposit. The Landlord holds a security deposit from Tenant in the amount of
52,542.80.lf Tenant breaches any covenant or condition of this Lease, including but
not limited to the payment of Rent, Landlord may apply all or any part of the security
deposit specified above to the payment of any sum in default and any damage
suffered by Landlord as a result of Tenant's breach. ln such event, Tenant shall, within
five (5) days after written demand by Landlord, deposit with Landlord the amount so
applied. Any payment to Landlord from the security deposit shall not be construed as
a payment of liquidated damages for any default and in no way limits Landlord's
remedies or rights to recovery. Landlord may apply all or any part of the security
deposit to repair or replace any missing or damaged fixture or to perform any
unfulfilled obligation of Tenant under the lease.
h. Leasehold Tax Assessments, ln additien te the base rent due per menth; Tenant
Not Applicable
Acceptance. Landlord's acceptance of less than the full amount of any payment due
from Tenant shall not be deemed an accord and satisfaction or compromise of such
payment unless Landlord specifically consents to such in writing.
2. USE OF PREMISES.
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EBDA Airport Building Commercial Lease
a. Represented Use. ln entering into this lease, Landlord is relying upon Tenant's
substantial compliance with the business activities and management as represented
to Landlord by Tenant. lt is agreed that Tenant shall use the premises as a multi-use
facility for office space, training, meetings, and equipment storage and
maintenance.
b. Tenant Acceptance. Tenant agrees that by taking possession of the Premises, Tenant
has determined to its satisfaction that the Premises can be used for the purpose(s)
set forth above. Tenant waives any right to terminate this Lease if the Premises
cannot be used for that purpose. The Premises may not be used for any other
purpose without Landlord's prior written consent.
c. Restrictions on Use. Tenant may not use or occupy the Premises or Property in
violation of any law, ordinance, regulation or the certificate of occupancy issued for
the Property, and may not bring or keep anything in or about the Premises that will
cause an increased premium for or the cancellation of any insurance covering the
Property without express written permission of Landlord. lf the Tenant does cause
any such increase in the insurance premiums, Tenant shall pay or reimburse
Landlord for the entire amount thereof, without regard to whether Landlord elects
to terminate this Lease as a result of Tenant's unauthorized use of the Premises.
Tenant may not use the Premises in any manner that will constitute waste, nuisance,
or unreasonable annoyance to other tenants in the Property, normal wear and tear
excepted, nor may Tenant cause damage to the Property. Tenant may not permit
floor loading in excess of the pounds per square foot limitation, which Landlord
notifies Tenants is the maximum permissible for the Premises.
d. Compliance with Laws. Tenant shall not cause or permit the Premises to be used in
violation of any law, ordinance or governmental regulation or order. Landlord
represents to Tenant, to the best of Landlord's knowledge, that with the exception
of any leasehold improvements, as of the Commencement Date, the Premises shall
be in compliance with all applicable laws, rules, regulations or orders, including,
without limitation, the Americans with Disabilities Act, if applicable, and Landlord
shall be responsible to promptly cure any noncompliance, which existed on the
Commencement Date.
Tenant also shall be responsible for complying with all laws applicable to the
Premises as a result of Tenant's represented use. lf the enactment or enforcement
of any law, ordinance or regulation or code during the Lease Term requires any
change to the Premises during the Lease Term, the Tenant shall perform all such
changes at its expense if the changes are required due to the nature of Tenant's
activities on the Premises, or to alterations that Tenant seeks to make to the
Premises; otherwise Landlord shall perform all such changes at its expense.
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EBDA Airport Building Commercial Lease
3. MAINTENANCE OF PREMISES
a. Tenant's Obligations.
i. By taking possession of the Premises, Tenant accepts the Premises as being in
good and sanitary order, condition and repair. Tenant agrees, at its expense,
during the term of this lease to keep the floor of the Premises and all
appurtenances, i nclud i ng carpet, wa ll -coveri ngs, si gns, windows, doors,
skylights, plumbing and other fixtures, equipment and improvements in a clean
and sanitary condition, to use all necessary safeguards against fire ris[ to
maintain drip pans under its machinery for the purpose of preventing oil, grease,
ink or other wet materials from sinking in to the floor of the premises leased.
Tenant shall not cause any holes to be made in said floor or walls for the
purpose of anchoring machinery, shelving, office partitions or for any other
reason whatsoever, without written authorization from Landlord. Tenant shall
not garage or store overnight any motor vehicle, except for forklifts, in the
Premises.
ii. Tenant shall pay the cost of electricity, natural gas, water, sewer, and waste
disposal consumed or generated by Tenant. All utilities are metered separately.
Upon occupancy, Tenant will transfer utilities to its name and shall begin
responsibility. Waste disposal is Tenant's responsibility. Tenant shall be entitled
to signage as agreed by Tenant and Landlord and in compliance with city design
standards and codes.
iii. Tenant further agrees that it will not encumber or obstruct the sidewalk in front
of or adjacent to said Building and that no goods, material or machinery or other
articles shall be stored on said sidewalk of the Building, or left there for a longer
period than shall be absolutely necessary to transport them to or from the
Premises of Tenant. Tenant is responsible for exterior maintenance and outside
lighting of Premises including keeping sidewalk free of snow and ice and
otherwise maintained in a safe condition for pedestrian and vehicular traffic.
b. Landlord's Obligations. Landlord shall perform (or have performed) at its expense all
necessary repairs not arising from Tenant's, agents, employees, or invitees
negligence; replacements; and required maintenance with respect to all structural
facilities of the Building to include roof, supporting structural members, and heating
with the exception of leasehold improvements of the Tenant at or serving the
Premises. Landlord shall have no obligation to repair or maintain any leasehold
improvements installed by Tenant in the Building or Premises.
4. IMPROVEMENTS AND ALTERATIONS BY TENANT. Tenant shall not make any
improvements or alterations to the Premises without the prior written consent of
Landlord. After obtaining Landlord's consent, Tenant shall be entitled to make such
leasehold improvements as it may require, at its own expense, provided that such
leasehold improvements comply with all applicable laws, rules, and regulations, that they
4
EBDA Airport Building Commercial Lease
do not breach the structural integrity of the Building walls, and do not significantly
penetrate the floor, such that they could endanger imbedded plumbing, wiring, and
conduit under the floor. Tenant may, after such initial leasehold improvements, make
additional alterations to the Premises at its own expense, provided such alterations do
not impair the structure in which the Premises are situated. Tenant shall reimburse
Landlord for any cost incurred by Landlord in the event Landlord is required to assist in
obtaining any approvals.
lf requested by Landlord, Tenant shall post a bond or other security reasonably
satisfactory to Landlord to protect Landlord against liens arising from work performed by
or for Tenant. All work performed must be done in a workmanlike manner and with
material (when not specifically described in the specifications approved by Landlord) of
the quality and appearance customary in the trade for first-class construction of the type
of building in which the Premises are located.
At the termination of this lease, and with prior written consent of Landlord, Tenant may
remove any alterations which it has made pursuant to this Section 4, provided such
removal can be and is done without damaging the Premises or the structure in which it is
situated (i.e. Building) and the Premises are left in, or brought back to, its previous
condition. Any alterations left after termination of the tenancy shall become the property
of Landlord. Landlord will not charge Tenant for any improvements made by Landlord
prior to the Commencement Date of this lease or improvements made by Landlord after
the Commencement Date this lease agreement unless agreed to by both parties in
writing.
5. LIENS. Tenant shall keep the Premises and the real property upon which the Premises are
situated free from any liens arising out of any work performed, materials furnished or
other obligations incurred by Tenant. Landlord has the right at all reasonable times to
post any notices on the Premises which it deems necessary for Landlord's protection from
such liens.
lf any such liens are filed, Landlord may, without waiving its rights and remedies for
breach and without releasing Tenant from its obligations, require Tenant to post security
in form and amount satisfactory to Landlord or cause such liens to be released by any
means Landlord deems proper, including payment in satisfaction of the claim giving rise to
the lien. Tenant shall pay to Landlord upon demand any sum paid by Landlord to remove
the liens, together with interest from the date of payment by Landlord, at the lesser of 1-
I/2% per month or the maximum rate permissible by law.
6. INSURANCE.
a. Tenanfs Obligations.
i. Tenant, an agency of the State of Washington, warrants that it is self-insured
against liability claims in accordance with the risk management and tort
claims statutes, including chapter 4.92 RCW and RCW 43.79.760 et seq. The
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EBDA Airport Building Commercial Lease
tort claims procedure, RCW 4.92.100 et seq., provides the fundamental
remedy for all tort liability claims against the Tenant and its officers,
employees, and agents acting as such, and all such claims must be filed and
processed as provided therein.
b. Landlord's Obligations.
i. During the Term, Landlord shall maintain all-risk property insurance on the
Building against "special form perils" (to the extent such coverage is
available) with responsible insurers, insuring the Building in an amount equal
to at least eighty percent (80%)of the replacement cost thereof, excluding
land, foundations, footings and underground installations.
ii. Landlord shall also obtain and keep in force during the Term a policy or policies
in the name of Landlord, with loss payable to Landlord and any Lender(s),
insuring the loss of the full rental and other charges payable by all tenants of
the Building to Landlord for one year (including all Real Property Taxes,
insurance costs, all Common Area Operating Expenses and any scheduled
rental increases).
7. INDEMNIFICATION. Each party to this Agreement will be responsible for the acts or
omissions of its own employees, volunteers, officers, or agents in the performance of this
lease agreement. Neither party will be considered the agent of the other nor does either
party assume any responsibility to the other party for the consequences of any act or
omission of any person or entity not a party to this lease agreement.
8. DAMAGE/DESTRUCTION OF PREMISES. ln case of fire, earthquake or other casualty,
Tenant shall immediately notify Landlord, who shall cause the damages to that portion of
the Building hereby leased to be repaired, but if the Premises are so damaged that
Landlord shall decide not to rebuild, the term shall cease and the accrued rent shall be
paid up to the time of said casualty. ln the event the Premises are destroyed or injured by
fire or earthquake or other casualty, to the extent that they are un-tenantable in whole or
in part, then Landlord may, at Landlord's option, proceed with reasonable diligence to
restore the Premises or such part thereof, provided that within 60 days after such
destruction or injury Landlord shall notify Tenant in writing of Landlord's intention to do
so. During the period from destruction or damage to restoration, Rent will be abated in
the same ration as that portion of the Premises which Landlord determines is unfit for
occupancy bears to the whole Premises.
9. CONDEMNATION. lf all or part of the Premises are taken under power of eminent
domain, or sold to a condemning authority in lieu thereof, this Lease will terminate as to
the part so taken as of the date the condemning authority takes possession. ln case of a
taking of part of the Premises, or a portion of the Property not required for Tenant's
reasonable use of the Premises, this Lease will continue in full force and effect and the
Rent will be reduced based on the proportion by which the rentable square feet of the
EBDA Airport Building Commercial Lease
6
Premises is reduced. Any Rent reduction will be effective as of the date of possession of a
portion of the Premises is delivered to the condemning authority.
Any award for the taking of all or part of the Premises under the power of eminent
domain, including payments received for a sale to the condemning authority in lieu
thereof, will be the property of Landlord, whether made as compensation for diminution
in value of the leasehold, for the taking of the fee, or for severance damages. Tenant may
make a separate claim for loss of or damage to Tenant's trade fixtures and removable
personal property and Tenant's moving expenses, so long as Tenant's claim does not
result in any reduction to the amount of the award otherwise payable to Landlord.
10. ASSIGNMENT OR SUBIEASE. The Tenant shall not assign this Lease or sublease the
Premises or any part thereof without prior written consent of Landlord. This Lease is not
assignable by operation of law. lf Tenant is a corporation, any transfer of this Lease by
merger, consolidation or liquidation, or any change in ownership, or power to vote the
majority of the outstanding vote stock of Tenant, constitutes an assignment for purposes
of this section. lf Tenant is a partnership or proprietorship, a transfer or controlling
interest in such partnership or proprietorship constitutes an assignment for purposes of
this section.
lf Tenant at any time desires to assign this Lease or to sublet the Premises, it must first
notify the Landlord in writing and offer Landlord the right to recapture all or any part of
the Premises which tenant desires to sublet or assign. Landlord has the option, which may
be exercised within sixty (60) days from the date of receipt of notice, to require Tenant to
execute an assignment to Landlord of this Lease or a sublease to the Landlord of the
Premises (or such portion of either as Tenant desires to sublet or assign, as the case may
be) with the right of Landlord to assign or sublet to anyone.
lf Landlord exercises this option and such assignment or sublease is at or above the rental
rate specified in this Lease, then Tenant will be released from all further liability after the
effective date of the assignment or sublease, with respect to the portion of the Premises
subject thereto. lf Landlord does not exercise its option to recapture within 60 days from
the date of receipt of notice, then Tenant may thereafter assign this Lease or sublet the
Premises as proposed, provided Landlord has consented in writingthereto.
No inaction by Landlord in connection with its rights under this Section will constitute an
approval of a proposed assignment or sublease. Whether Landlord shall grant consent to
an assignment or subletting, Tenant shall pay Landlord the reasonable legal fees Landlord
incurs to review the proposal.
11. DEFAULT- REMEDIES.
a. Default by Tenant. The occurrence of any one or more of the following events
constitutes a default under this Lease by Tenant:
i. Vacation or abandonment of Premises;
EBDA Airport Building Commercial Lease
7
ii. Failure by Tenant to make any payment of Rent when due, or failure to make
any other payment required hereunder when due when that failure continues
for a period of five (5) days after written notice from Landlord;
iii. Failure by Tenant to observe or perform any of the covenants, conditions or
provisions of this Lease, other than making of any payment, where that failure
continues for a period of thirty (30) days after written notice from Landlord;
provided, that if the nature of Tenant's obligation is such that more than thirty
(30) days are reasonably required for cure, Tenant will not be in default if Tenant
commences to cure within thirty (30) days of Landlord's notice and thereafter
diligently pursues completion and completes performance within a reasonable
time;
iv. Either (i) the making by Tenant of any general assignment or general
arrangement for the benefit of creditors; (ii) the filing by or against Tenant of a
petition in bankruptcy, including reorganization or arrangement, except in the
case of a petition filed against Tenant when the same is dismissed within thirty
(30) days after filing; or (iii) the appointment of a trustee or receiver to take
possession of substantially all of Tenant's assets located at the Premises or of
Tenant's interest in this Lease;
v. Cancellation of a guaranty of Tenant's obligations by a guarantor;
vi. Tenant's failure to comply with the same Lease term or covenant on three
occasions during the Term, even if such breach is cured within the applicable
cure period; or
vii. Tenantls failure to comply with the Lease Conditions, unless such failure is cured
within five (5) days after notice.
b. Remedies for Default byTenant. ln the event of any default, Landlord may, at any
time, without waiving or limiting any other right or remedy, re-enter and take
possession of the Premises, terminate this Lease, accelerate all Rent payments due
hereunder which payment will then become immediately due and payable, or
pursue any other remedy allowed by law. Tenant shall pay Landlord the costs of
recovering possession of the Premises, the expenses of re-letting, and any other
costs or damages arising out of Tenant's default. Notwithstanding any re-entry or
termination, Tenant will remain liable for all sums Tenant is obligated to pay
hereunder for the balance of the Term, and Tenant shall compensate Landlord for
any deficiency arising from re-letting the Premises, provided, however, that Landlord
shall use reasonable efforts to mitigate its damages. Unless the Landlord elects to
accelerate the Rent owed hereunder, Tenant shall pay such deficiency each month
as the amount thereof is ascertained by Landlord.
c. Default by landlord. Landlord will not be in default unless Landlord fails to perform
or cause to be performed an obligation within 30 days after notice by Tenant, which
notice must specify the alleged breach; provided, that if the nature of Landlord's
obligation is such that more than 30 days are reasonably required for cure, Landlord
will not be in default if Landlord commences to cure within 30 days of Tenant's
EBDA Airport Building Commercial Lease
8
notice and thereafter diligently pursues completion and completes performance
within a reasonable time.
12. WAIVER. Failure of Landlord to promptly enforce its rights hereunder will not waive such
rights. Landlord's acceptance of Rents subsequent to a Tenant breach will not waive such
breach.
13. ACCESS. Landlord, its employees or agents, shall have the right to emergency access to
the Premises in the event of fire or similar casualty, or in the event that there is an
immediate threat to the safety of persons or the Building the Premises are in, or to the
adjacent spaces. Otherwise, upon not less than twenty-four (24) hours prior notice, and
during normal business hours unless otherwise arranged, Landlord and Landlord's agents
and representatives shall have the right to enter and inspect any part ofthe aforesaid
premises for the purpose of examining same or making any necessary repairs or changes
in plumbing, electric wiring, or pipes, gas pipes, heating or other alterations and repairs in
any part of the Premises hereby leased.
Landlord may also enter the Premises, with proper notice given to Tenant, to show the
Premises to prospective purchasers or tenants. Landlord shall have the right to erect on
the Premises a suitable sign indicating the Premises are available. Tenant shall ensure that
Landlord at all times has a key with which to unlock all doors and gates in the Premises,
excluding Tenant's vaults and safes. No re-keying of the doors or gates may be done
without Landlord's prior written approval.
14. HAZARDOUS MATERIAE. Tenant shall not cause or permit any Hazardous Material (as
defined below) to be brought upon, kept or used in or about, or disposed of on the
Premises by Tenants, its agents, employees, contractors or invitees, except in strict
compliance with all applicable federal, state, and local laws, regulations, codes and
ordinances. lf Tenant breaches the obligations stated in the preceding sentence, then
Tenant shall hold harmless, protect, indemnify, and defend Landlord from and against any
damage, loss, claim or liability resulting from any damages or injury caused as a result of
such materials on the Premises, including attorneys' fees and costs incurred. This
indemnity will survive the termination of this Lease, whether by expiration of the Term or
otherwise.
As used herein, the term "Hazardous Material" means any hazardous, dangerous, toxic, or
harmful substance, material or waste which is or becomes regulated by any local
governmental authority, the State of Washington or the United States Government, due
to its potential harm to the health, safety or welfare of humans or the environment.
1-5. NOTICES. All notices, requests, demands, and other communications hereunder shall be in
writing and shall be deemed given if personally delivered or mailed, certified mail, return
receipt requested, to the following addresses:
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EBDA Airport Building Commercial Lease
lf to TENANT, to:lf to LANDLORD, to:
Benjamin West Carolyn Honeycutt
Kittitas County Regional Airport-Bowers
Field
Ellensburg Business Development
Authority, dba CenterFuse
205 West 5th Ave. Suite 105 501 N. Anderson
Ellensburg, WA 98926 Ellensburg, WA 98926
Email : benjamin.west@co.kittitas.wa.us Email : honeycuttc@ci.ellensburg.wa.us
16. ENTIRE AGREEMENT. This Lease constitutes all of the agreements of the parties with
respect to any matter covered or mentioned in the Lease and with no prior agreement,
letter of intent or understanding pertaining to any such matter will be effective for any
purpose. There are no representations or understandings of any kind not set forth herein.
No provisions of this Lease may be amended or added to, except by an agreement in
writing, signed bythe parties or their respective successors in interest.
17. ATTORNEY'S FEES AND COSTS. ln the event either party requires the services of an
attorney in connection with enforcing the terms of this Lease, or in the event suit is
brought for the recovery of any sums due under this Lease or for the breach of any
covenant or condition of this Lease, or for the restitution of the Premises to Landlord or
eviction of Tenant during the Term or after the expiration thereof, the substantially
prevailing party is entitled to reasonable attorney fees and all costs incurred in connection
therewith, including, without limitation, the fees of accountants, appraisers and other
professionals, whether at trial, on appeal or without resort to suit.
18. VACATION OF PREMISES - HOLDING OVER. Upon 9O-days' written notice from Landlord
given at any time prior to the expiration of the Term, Tenant shall promptly vacate the
Premises on or before the last day of the Term, leaving the Premises in the condition
described in section (4). lf Tenant holds over after the expiration or earlier termination of
the Term without the express written consent of Landlord, Tenant will be a Tenant at
sufferance only and otherwise subject to the terms, covenants and conditions herein
specified, insofar as applicable. During such tenancy, Tenant agrees to pay Landlord One
Hundred Fifty percent (LsO%l of the Base Monthly Rent in effect upon the date of such
expiration or termination, unless a different rate is agreed upon by Landlord.
19. SURRENDER OF PREMISES. The voluntary or other surrender of this Lease by Tenant, or
by mutual cancellation thereof, will not work a merger and will, at the option of Landlord,
operate as an assignment to it of all subleases or sub tenancies. Upon the expiration or
earlier termination of this Lease, Tenant shall peaceably surrender the Premises and all of
the alterations and additions thereto, leave the Premises broom clean, in as good order,
repair and condition as was provided to Tenant on the Commencement Date, reasonable
wear and tear excepted, and Tenant shall comply with the provision of Section (a). The
delivery of keys to any employee of Landlord or to Landlord's agent or any employee
thereof shall not be sufficient to constitute a termination of this Lease or surrender of the
EBDA Airport Building Commercial Lease
10
Premises.
20. PERFORIVIANCE BY TENANT. Except as otherwise expressly provided hereunder, all
covenants and agreements to be performed by Tenant under this Lease will be performed
by Tenant at Tenant's sole cost and expense and without any abatement of Rent. lf
Tenant fails to pay any sum of money owed to any party other than Landlord for which
Tenant is liable hereunder, or if Tenant fails to perform any other act on its part to be
performed hereunder, and such failure continues for 1-0 days after notice thereof by
Landlord, Landlord may, without waiving or releasing Tenant from its obligations, make
any such payment or perform any such other act to be made or performed by Tenant.
Tenant shall pay Landlord, on demand, all sums so paid by Landlord and all necessary
incidental costs, together with interest thereon at the lesser of 1,-1,/2% per month or the
maximum rate permissible by laq from the date of such payment by Landlord.
21. NONDISCRIMINATION. Tenant agrees not to discriminate against any client, employee or
applicant for employment or for services because of race, color, religion, se& marital
status, disability, national origin or age, with regard to, but not limited to, employment;
employment upgrading; demotion or transfer; recruitment or recruitment advertising;
layoffs or termination; rates of pay or other forms of compensation; selection for training;
rendition of services. Tenant must also comply with any applicable Affirmative Action
Programs.
22. IDENTIFICATION OF TENANT. lf more than one person executes this Lease as Tenant: (i)
Each of them is jointly and severally liable for performing all of the terms of this Lease to
be performed byTenant, and (ii)the term'Tenant" as used in this Lease means and
includes each of them jointly and severally. The act of or notice from, or notice or refund
to, or the signature of any one or more of them, with respect to the tenancy of this Lease,
including, but not limited to, any renewal, extension, expiration, termination or
modification of this Lease, is binding upon each and all of the persons executing this lease
as Tenant with the same force and effect as if each and all of them had so acted or so
given or received such notice or refund or so signed.
23. SEVERABILITY. lf any term of this Lease is found to be void or invalid, such invalidity shall
not affect the remaining terms of this Lease, which shall continue in full force and effect.
24. GOVERNING LAW; VENUE. This lease shall be governed by and construed in accordance
with the laws of the State of Washington and venue of any action brought to enforce or
interpret any term of this Lease shall be in Kittitas County, State of Washington.
25. RIGHT OF FIRST REFUSAL. ln the event that Landlord decides to sell the premises, tenant
shall have a right offirst refusal to purchase. Tenant shall have 90 days to exercise that
right by providing notice of such exercise and an offer to purchase. Should such notice
and offer not be given, of should Tenant affirmatively indicate its intent not to exercise
such right, Landlord is free to sell the premises to another purchaser.
EBDA Airport Building Commercial Lease
11,
lN WITNESS WHEREOF, the parties hereto execute this lease as of the date first above
Signed and Acknowledged
Ellensburg Business Development Authority, dba CenterFuse
Executive Director Date Chair
Kittitas County Regional Ai rport-Bowers Field
Director of Airport Operations Date
Date
EBDA Airport Building Commercial Lease
t2