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HomeMy WebLinkAbout2013 Crawford-Brownlee Assignment of LeaseKlTTITASCOUNTY DEPARTMENTOF PUBLIC WORKS AGENDA STAFF REPORT AGENDA DATE:February 23,2013 ACTION REQUESTED:Approve &sign an Assignmentof Lease from Tom Crawford to Ritch J Brownlee. BACKGROUND:On January 10,2013,Kittitas County received a letter from Tom Crawford stating that he is selling his private hangar located at Bowers Field to Ritch J Brownlee.The letter also requested that the remainder of his lease term be assigned to Ritch J Brownlee. The letter on February 23,2012 was also signed by Ritch J Brownlee stating he is purchasing Tom Crawford's hangar and requested the County assign Mr.Crawford's lease remainder to him. INTERACTION:Public Works;Tom Crawford;Ritch Brownlee RECOMMENDAT10N:Motion to Approve and Sign the Assignmentof Lease from Tom Crawford to Ritch J Brownlee. HANDLING:Return 2 originals to Public Works ATTACHMENTS:Lease Assignment;Letters of Request;Original Crawford Lease LEAD STAFF:Kelly Carlson Airport Manager ASSIGNMENTOF LEASE This Assignment of Lease (Assignment)is entered into on this 1"day of February,2013, between TOM CRAWFORD (Assignor),RITCH J BROWNLEE (Assignee),and KITTITAS COUNTY,a political subdivision of the State of Washington,Kittitas County. RECITALS Tom Crawford entered into a Lease on the 2nd day of April,1996,with Kittitas County for the lease of Lot H-17 of the Kittitas County Airport Binding Site Plan through April,2021. A copy of said Lease is attached hereto as Exhibit A and is hereinafter referred to as the "Lease". On January 10,2013,Kittitas County received notification from Tom Crawford that he is selling his hanger to Ritch J Brownlee and requested the remainder of his lease term be assigned to Mr.Brownlee.Paragraph 19 of the Lease allows for this. On January 10,2013,Kittitas County received a letter of request from Ritch J Brownlee that the remainder of Tom Crawford's lease be assigned to him since he is purchasing Mr. Crawford's hangar. The Kittitas County Board of Commissioners determine that it was in the best interest of the County to authorize the assignment of the Lease,as extended,to RITCH J BROWNLEE. I.ASSIGNMENT In consideration of the mutual promises and covenants set forth herein,Assignor assigns transfers,and conveys to Assignee all right,title,and interest in the Lease,and Assignee accepts from Assignor all right,title,and interest subject to the terms and conditions set forth in this Assignment. IL ASSUMPTIONOF OBLIGATIONS Assignee hereby accepts this assignment and,for the benefit of Assignor and County, expressly assumes and agrees to perform and fulfill all the terms,covenants,conditions,and obligations of Assignor as lessee under the Lease,including the making of all payments due to or payable on behalf of County under the Lease as they become due and payable. III.INDEMNITY Assignor indemnifies Assignee from and against any loss,cost,or expense,including attorney fees and court costs relating to the failure of Assignor to fulfill Assignor's obligations under the Lease accruing prior to February 1,2013.Assignee indemnifies Assignor from and against any loss,cost,or expense,including attorney fees and court costs relating to the failure of Assignee to fulfill obligations under the Lease accruing subsequent to February 1,2013. IV.CONTINGENCY Notwithstanding anything to the contrary herein,this Assignment shall be contingent upon the receipt of the consent of the County as evidenced by its execution of the Consent of Landlord set forth below. V.SUCCESSORS AND ASSIGNS This Assignment shall be binding on and inure the benefit of the parties hereto,and their respective heirs,successors and assigns. VL COUNTERPARTS. This Agreement may be executed in multiple counterparts,each of which shall be deemed an original. VII.GOVERNINGLAW This Assignment shall be governed by and construed in accordance with laws of the State of Washington. VIII.AUTHORITY Each person signing hereunder warrants that they have the capacity and the authority to sign this Assignment on behalf of the respective person or entity which is being represented. IX.MODIFICATION This Assignment may be modified only by a written agreement signed by all the parties. X.WAIVER If any party waives any term or provision of this Assignment at any time,that waiver will only be effective for the specific instance and specific purpose for with the waiver was given.If any party fails to exercise or delays exercising any of its rights or remedies under this Assignment,that party retains the right to enforce that term or provision at a later time. XI.SEVERABILITY If any court determines that any provision of Assignment is invalid or unenforceable,any invalidity or unenforceability will affect only that provision and will not make any other provision of this Assignment invalid or unenforceable and shall be modified,amended or limited only to the extent necessary to render it valid and enforceable. Executed as of the date first above written. ASSIGNOR: TOM CRAWFORD ASSIGNEE: RITCH J BROWNLEE CONSENT OF LANDLORD Kittitas County,as Landlord under the Lease,hereby consents to the within and foregoing Assignment pursuant to the terms and conditions therein set forth. KITTITASCOUNTY By: Obie O'Brien,Chairman Title: Date: M KITTITAS COUNTY AIRPORT DEPARTMENT OF PUBLIC WORKS AMENDMENTTO LEASE THIS AMENDMENTTO LEASE is made and dated this /Z day of ¢Á..,,,_, 2011,by and between Kittitas County,a municipal corporation in the State of Washington, hereinafter referred to as the LESSOR,and TOM CRAWFORD AS HIS SEPARATE ESTATE, and hereinafter referred to as the LESSEE. WITNESSETH: WHEREAS,LESSOR and LESSEE entered into a Lease on April 2,1996,a copy of which is attached hereto and by this reference incorporated herein;and WHEREAS,according to Paragraph 3 "Adjustment of Rental",it states "After the fifth year,the Lessor shall have the right to increase rental rates as outlined above.After the tenth year,the Lessor shall have the right to increase rental rates,provided that the annual rate shall not increase to more than 5%of the previous years annual rental rate,effective at the beginning of the tenth,fifteenth and twentieth years of this lease. NOW,THEREFORE,IT IS HEREBY AGREED by and between the parties to a change in rental rates and contract terms as follows: 1)"Paragraph #2 -Rent"-Rental Rates for 4/01/2011 thru 3/31/2015 Term. 04/01/11 thru 3/31/15 Rental Rate ($.066 per Leasehold Tax Total Per YearTermBO_Sq,Ft_1 04/01/11 -3/31/12 g 165.00 §21.19 §186.19 4/01/12 -3/31/13 (165.00 $21.19 §186.19 4/01/13 -3/31/14 (165.00 $21.19 §186.19 4/01/14 -3/$1/15 11_6§..,9.0 Q1.19 $,186.19 4/01/15 Benegotilet;Beneg.gtia.te Ree_e.qatiate All other terms and conditions of the aforementioned lease shall remain the same CRAWFORD LEASE PAGE 1 KiTTITAS COUNTY AIRPORT IN WITNESS WHEREOF,the Lessor and Lessee have signed their names and affixed their seals the day and year first above written. sSio LESSOR: ASŒCO NU WCASMH GSIOONERS '"uno Paul hairperson lerk of the ard Approved as to Form: Alan Crankovich,Vice-Chair Prosecuting Attorney Obje O'brien,Cornmissioner LESSEE: Tom Crawford CRAWFORD LEASE PAGE 2 KITTITAS L-JNTY AlRPORT JR I GI NA LDEPARTMENTOFPUBLICWORKS ADDENDUM TO LEASE THIS ADDENDUM TO LEASE is made and dated this 6"'day of November,2007,by and between Kittitas County,a municipal corporation in the State of Washington,hereinafter referred to as the LESSOR,and TOM CRAWFORD AS HIS SEPARATE ESTATE,and hereinafter referred to as the LESSEE. WITNESSETH: WHEREAS,LESSOR and LESSEE entered into a Lease on April 2,1996,a copy of which is attached hereto and by this reference incorporated herein;and WHEREAS,LESSEE is requesting to construct an addition onto his existing hangar.He plans to construct an additional 1,000 square feet.The LESSEE currently leases only the footprint of the existing hangar so an addendum is needed to increase his lease area and adjust his rental; and WHEREAS,the total square footage for this lease is currently 1,500 square feet,this will be increased to 2,500 square feet;and WHEREAS,the rental rates for the increase in square footage of airport propelty will be amended as follows: 4/01/06 thru 10/31/07 Rental Rate ($.063 per Leasehold Tax Total Per YearTermSqFt-150_0 Sq Ft) 4/01/06 -3/31/07 $B.50 §12.13 §19M34/01/07 -10/31/07 $94.50 $12.13 $106.63 11/01/07 thru 3/31/08 Rental Rate ($.063 per Leasehold Tax Total Per YearTermSqFt-250_0 Sq Ft) 11/01/07 -3/31/08 $15.7j50 §2022 §.177,7_24/01/08 -3/31/09 §_1_5L50 §_2022 $_.177224/01/09 -3/31/10 §157.50 g 20.22 $.177.724/01/10 -3/31/11 $177_724/01/12 gengggD:Begegot e Beamo.tjate NOW,THEREFORE,IT IS HEREBY AGREED by and between the padies to a change in rental rates and contract terms as described above: All other terms and conditions of the aforementioned lease shall remain the same IN WITNESS WHEREOF,the Lessor and Lessee have signed their names and affixed their seals the day and year first above written. B SASRD F COUNTY COMMISS10NERSo.K TTITAS COUNTY,WASHINGTON A r h Ch rman David B.Bowen Vice-Chair Mark Mc ain,Commissioner LESSEE: ORIGlNALKITTITASJUNTYAlRPORT DEPARTMENT OF PUBLIC WORKS ADDENDUM TO LEASE THIS ADDENDUM TO LEASE is made and dated this day of p 6 I , 2006,by and between Kittitas County,a municipal corporation in the State of Washington, hereinafter referred to as the LESSOR,and TOM CRAWFORD AS HIS SEPARATE ESTATE, and hereinafter referred to as the LESSEE. WITNESSETH: WHEREAS,LESSOR and LESSEE entered into a Lease on Apri 2,1996,a copy of which is attached hereto and by this reference incorporated herein;and WHEREAS,according to Paragraph 3 "Adjustment of Rental",it states "After the fifth year, the Lessor shall have the right to increase rental rates as outlined above.After the tenth year,the Lessor shall have the right to increase rental rates,provided that the annual rate shall not increase to more than 5%of the previous years annual rental rate,effective at the beginning of the tenth, fifteenth and twentieth years of this lease. NOW,THEREFORE,IT IS HEREBY AGREED by and between the parties to a change in rental rates and contract terms as follows: 1)"Paragraph #2 -Rent"--Rental Rates for 4/01/2006 thru 3/31/2011 Term. 4/01/06 thru 3/31/11 Rental Rate ($.063 Leasehold Tax TotaOer Year Ty.m_p_e_r_Sg] 4/01/06 -3/31/07 $94.50 $12.13 _ $106.634/01/07 --3/31/08 $94.50 $12.13 $106.63 4/01/08 -3/31/09 L4y M.$106.63 4/01/09 -3/31/10 $94.50 L2 g $106.634/01/10 -,3/31/11 (94g $12.13 $106.63 4/01/11 Renegotiate Ryqotiate _ Renegotiate 2)"Paragraph #5 --Fire Protection Assessment"-will read as follows: In addition to any rental herein provided,the Lessee shall pay a fee which shall be in lieu of taxes for fire protection services.The annual rate shall be based upon the annual fire assessment determined by the Kittitas County Assessor and Fire District #2 to be calculated on January 16 of the current year.The assessment shall be due and payable concurrently with the lease payment or through Personal Property Taxes. All other terms and conditions of the aforementioned lease shall remain the same 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 COMMISSlONERS KITTITAS COUNTY,WASHINGTON kf B David B.Bowen Chairperson Approved as to Form: Alan Crankovich Vice-Chair Prosecuting Attorney Perry D.Huston Commissioner LESSEE: .KITTITAS wUNTY AIRPORT 0 RI GINA LDEPARTMENTOFPUBLlCWORKSLEASE THIS LEASE made and entered into this 2nd day of April,1996,by and between Kittitas County,a municipal corporation in the State of Washington,hereinafter referred to as the LESSOR,and TOM CRAWFORD and as'his separate estate ,hereinafter referred to as the LESSEE. WITNESSETH: The Lessor hereby agrees to lease to the Lessee,and the Lessee hereby agrees to lease from the Lessor,the following described real property: All that portion of the SE 1/4 SW 1/4,Sec.24,T 18 N,R 18 E,W.M.,located at Kittitas County Airport (Bowers Field),Ellensburg,Washington said property situated within Kittitas County,Washington,described as follows: Beginning at the southwest corner of Sec.24,T 18 N,R 18 E.,W.M.;thenœ N 0°35'W.along the west line of said Sec 24,a distance of 30.00 feet; thence 87°35'E,a distance of 1511.20 feet;thence N 2°22'W,a distance of 200.50 feet;thenœ N 87°38'E,a distance of 92.00 feet to the True Point of Beginning. From the True Point of Beginning;thence N 87°38'E,a distance of 50.00 feet;thence S.2°22'E,a distance of 30.00 feet;thence S 87°38'W,a distance of 50.00 feet;thence N 2°22'W,a distance of 30.00 feet to the True Point of Beginning. Containing 1,500 sq.ft.,more or less This lease is made in accordance with RCW 36.34. TERM:The term of this lease shall be for twenty-five (25)years and will commence on the 15th day of April,1996,and terminate on the 14th day of April,2021,except as provided hereunder. This lease may be extended in five year increments following completion of the 25th year subject to the such terms and conditions as may be established by,and at the sole discretion of,the Lessor.Failure to comply with the terms of this Lease by the Lessee may be sole cause for non-renewal or termination of this Lease by the Lessor,and such other remedies as are available to the Lessor. CRAWFORD LEASE PAGE 1 KITTITAS COUNTY AIRPORT RENT:Rent shall be paid in advance on an annual basis,with the first payment due on or before the ist day of April of each year and continuing thereafter until termination of this lease.The rental for each year shall be as follows: Rental Periods Annual 04/01/96to 3/31/01 $75.00 04/01/01 to 3/31/06 $90.00 04/01/06 to 3/31/11 To be negotiated 04/01/11 to 3/31/16 To be negotiated 04/01/16 to 3/31/21 To be negotiated Alternatively,the lease payment may be paid in monthly installments equal to 1/12 of the annual lease amount.Said monthly installments shall be paid in advance and are due no later than the 25th day of each foregoing month. ADJUSTMENTOF RENTAL:After the fifth year,the Lessor shall have the right toincreaserentalrates,as outlined above.After the tenth year,the Lessor shall have the right to increase rental rates,provided that the annual rental rate shall not increase to more than 5%of the previous year's annual rental rate,effective at the beginning of the tenth,fifteenth and twentieth year of this lease.. The appraised value of land and improvements shall be as determined by the Kittitas County Assessor according to the last previous appraisal. If the Lessee does not agree with the proposed rental rates for the subsequent fiveyearterm,the Lessee may request arbitration.If the Lessee elects to arbitrate,the Lessee shall select one arbitrator and the Lessor shall select one arbitrator and the two so chosenshallselectathirdarbitrator.The arbitrators shall have the authority to increase the rent or continue the previous rental rate,and both parties shall be bound by the decision of thearbitrators.The cost of arbitration shall be borne by the Lessee. It is understood by Tenant that this lease is not for commercial purposes and that the lease rate is for a ground lease for a private T-hangar.In the event Tenantapplies toKittitasCountyforacommercialoperationonthissite,it is understood between the partiesthattheleaserateshallberenegotiated.In addition,Tenant understands that there must be adequate availablespace to conform with current airport standards for the proposed commercial operation.Tenant understands that there is availableground space adjacent to this lease at the execution of this lease. CRAWFORD LEASE PAGE 2 KlTT]TAS COUNTY AIRPORT LEASEHOLD TAX:In addition to any r&ntal herein provided,the Lessee shall pay to the Lessor the leasehold tax as set forth by the State of Washington in Chapter 61,Laws of 1976,Second Executive Session (R.C.W.82.298 or as amended.The tax shall be due and payable at the same time the rental charged herein is due and payable. FIRE PROTECTlONASSESSMENT:In addition to any rental herein provided,the Lessee shall pay an annual fee which shall be in lieu of taxes for fire protection services,a sum equal to $1.00 (plus any special levies of the Fire District which has received voter approval)per $1,000.00 of appraised value of land and improvements of the leased premises.The value of the leased premises shall be determined by the Kittitas County Assessor.This fee shall be due annually each and every year during the term and shall be due and payable on the 1st day of March of each year.In the event the premises are leased for only a portion of a year,the amount shall be prorated. UTILITIES:The Lessee shall pay for extension of and all utility services supplied to the premises.Any such extensions shall be subject to the advance review of the Lessor. PURPOSE:The Lessee shall utilize the premises primarily for an aircraft hangar for non-commercial aircraft storage and maintenance at least seven (7)months out of each calendar year.The land and any improvementsare for non-commercial uses only,Lessee shall not conduct any type of commercial activity from said premises,without first obtaining the prior written approval of the Department of Public Works. RULES AND REGULATIONS:The Lessee agrees to comply with all pertinent rules and regulations of the federal,state and local governments,as well as the rules, regulations,ordinances,and minimum standards of the Kittitas County Airport (Bowers Field),as are presently in effect and may in the future be adopted.The rules,regulations, ordinances and minimum standards of the Kittitas County Airport (Bowers Field)are made a part of this Agreement and shall have the same effect as though written herein.A copy of the Kittitas County Airport Standards is on file in the office of the Kittitas County Department of Public Works. IMPROVEMENTS:All buildings and other improvements made upon the leased propedy shall belong to and become the property of the County at the expiration of the term of this lease,except that in the event of the termination of this lease,the Lessee may remove said building and other improvements at the Lessee's option,or shall remove the said buildings and other improvements if directed in writing by the Lessor.All costs for such removal,including costs to remove debris from the site,repair any damages,and provide tie offs for utility connections to the satisfaction of the Lessor,shall be the soleresponsibilityoftheLessee. In the event the Lessee exercises such option or is otherwise directed to remove said building and improvements,the work shall be completed within thirty (30)days of the termination of the lease.The Lessee shall provide the Lessor notice in writing at least 30 days prior to the termination of the Lessee's intent for such removal.In the event notice is not given,or the Lessee fails to complete such removal within the prescribed time limits,the CRAWFORD LEASE PAGE 3 KlTTITAS COUNTY AIRPORT building and other improvements shall become the property of the Lessor and any removal costs shall be assessed the Lessee. REPAIRS:The maintenance and repair of the proposed hangar structure and other improvements shall be the responsibility of the Lessee,including utilities within the leased area. The Lessee further agrees that it will not commit waste and that it will keep said premises in a safe,sanitary,neat,presentable,and otherwise good condition,and in general shall comply with all the applicable governmental rules,ordinances and regulations as may be required or imposed by such authorities on said premises and shall comply with any direction pursuant to law of any public officer or officers who shall be empowered toenforcelocal,state and federal rules,regulations and ordinances upon the Lessee with respect to the said premises or the use,occupancy,or control thereof and shall not sufferanyimproperoroffensiveuseofsaidpremises. AREA MAINTENANCE:Lessee shall,during the term of this lease,maintain the area between the building and boundary line of said lease to the satisfaction of the Lessor.The area shall be kept free of all debris,weeds and brush for the term of this lease.Lessee shall reimburse the Kittitas County Weed Authority or Kittitas County Department of Public Works for any costs incurred in the event that the County Weed Authority or Kittitas County Department of Public Works undertakes noxious weed or vegetation control measures. INSURANCE:The Lessee shall obtain and maintain in force during the term of this agreement a liability insurance policy,which provides protection for bodily injunj (including death)and property damage.Said insurance shall provide coverage by the Lessee to any employees or permittees of the Lessee,and shall name the Lessee as coinsured. Pursuant to Resolution No.88-73,or as may be amended hereafter,liabilityinsurancepolicyshallhavethefollowingprovisions,at a minimum: 1.Premises and leased area liability coverage in an amount not less than $100,000 -bodily injury;$300,000 -property damage;$300,000 -each occurrence. 2.Provide for not less than thirty (30)days in advance a written notice to KittitasCountyregardinganymaterialchangeofterminationofthepolicy. Lessee hereby releases Lessor of and from every and all right,claim and demand that Lessee may hereafter have against Lessor,its successors or assigns,arising out of or in connection with any loss or losses occasioned by fire and such items as are includedunderthenormalextendedcoverageclausesofinsurancepolicies,and does hereby waive all rights of subrogation in favor of insurance carriers against Lessor arising out of any losses occasioned by fire and such items as are included under the normal extended coverage clauses of fire insurance policies,and sustained by Lessee in or to the said premises and leased area. The Lessee shall provide the Lessor with a copy of said policy. CRAWFORD LEASE PAGE 4 KITTITAS COUNTY AIRPORT AIRPORT TRAFFIC:It is understood and agreed that the Lessee's use of said premises and leased area shall not in any maPiner interfere or restrict the use of aircraft landings,take-offs,or storage of aircraft as the airport is presently constructed.LesseeshallcomplywithallrulesandregulationsofJheFederalAviationAdministration,Washington State Department of Transportation Aeronautics Division,and the Kittitas County Airport Standards. HUNTING:Hunting or discharging of firearms will not be permitted on or from said premises or leased area. NOT1CES:Any notice given by one party to the other in connection with this agreement shall be in writing and shall be sent by certified or registered mail,return receiptrequestedasfollows: 1.If to Lessor,addressed to: Kittitas County Department of Public Works 205 W.Fifth,Room 108 Ellensburg,Washington 98926 2.If to Lessee,addressed to: Tom Crawford 5051 Weaver Road Ellensburg,WA 98926 Notice shall be deemed to have been received on the date of receipt as shown on the return receipt. Notice need be sent to but one Lessee where the Lessee is more than one person. ATTORNEY FEES:In case Lessor shall bring suit to recover any rent duehereunder,or for breach of any provision of this lease,or to recover possession of the leased premises,or if Lessee shall bring any action for any relief against Lessor,declaratory or otherwise,arising out of this lease,the prevailing party shall recover reasonable attorney fees which shall be determined and taxed by the court as part of the costs of such action. RIGHTS OF THE U.S.GOVERNMENT:The Lessor holds title to the property herein leased,partially by vidue of a deed from the United States Government.A copy of said deed is availablefor inspection at the office of the Kittitas County Department of Public Works,hereto and made a part of this instrument as though fully set forth herein.Lessee agrees that it will do nothing which will cause the Lessor to be in violation of the terms of said deed.Lessee fudhermore agrees that it has had ample opportunity to review saiddeedandisawareofallofthetermsandconditionstherein. CRAWFORD LEASE PAGE 5 KITTITAS COUNTY AIRPORT AFFIRMATIVE ACTION:The Lessee assures that it will undertake an affirmative action program as required by 14 CFR Part 1527 Subpart E.,to insure that no person shall, on the grounds of race,creed,color,national origin or sex,be excluded from participating in any employment activities covered in 14 CFR Part,152,Subpart E.The Lessee assures that no person shall be excluded on these grounds from participating in,or receiving the services or benefits of,any program or activity covered by this subpart.The Lessee assures it will require that its covered suborganizations provide assurance to the Lessor that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations as required by 14 CFR Part 152,Subpart E,to the same effect. ASSIGNMENT:The Lessee shall not assign this lease nor sublet any portionthereofwithoutfirstobtainingthewrittenconsentoftheLessor. HOLD HARMLESS:The Lessee hereby indemnifies and agrees to,hold harmless the Lessor from any and all claims or demands whatsoeverarising out of any loss,damage, or injury to persons or property resulting from the Lessee's use or occupancy of said premises and leased area,or caused by the acts or neglect of the Lessee,his agents or employees. BANKRUPTCY:It is further agreed and understood that in case of the insolvency or bankruptcy of the Lessee,or any assignment for the benefit of creditors or the appointment of a receiver for the Lessee,this lease shall be immediately forfeited and shall be of nofudherforceandeffect,and that the Trustee in Bankruptcy,Reœiver,or Assignee for the benefit of creditors shall not have any rights whatsoever in the demised premises. DEFAULT:In the event the Lessee shall fail to comply with any of Lessee's commitments,duties or responsibilities under this lease,or any of its conditions or terms as herein stated,the Lessor may terminate this lease by giving thidy (30)days written notice of the conditions or terms being violated.If said failures are not corrected within the thirty (30) day period,this lease may be terminated and the Lessor shall be entitled to peaceably retake possession of the premises,provided the Lessee shall have the right to remove improvements as herein provided. WAIVER:No assent,express or implied,by the Lessor to any breach of any of Lessee's covenants,agreements,conditions or terms hereof shall be deemed or taken to be a waiver of any succeeding breach of any covenant,agreement,condition or term hereof. VENUE.In the event of any litigation between lessor and lessee arising out of this lease,the venue for such action shall lie in Kittitas County,notwithstanding any contrary provision of the Revised Code of Washington. APPLICABILITY The covenants,agreements,terms and conditions contained in this lease shall apply to and be binding upon Lessor and Lessee and their respective heirs, executors,administrators,successor and assigns. cRAWFORD LEASE PAGE 6 KITTITAS COUNTY AIRPORT IN WITNESS WHEREOF,the Lessor and Lessee have signed their names and affixed their seals the day and year first above written. LESSOR: BOARD OF COUNTYCOMMISSIONERS KITTlTAS COUNTY,WASHINGTON fteB Chairpefon Approved as to form:Commissioner 10/28/93 Prosecuting Attorney Commissi er LESSEE: Tom Crawford Address: 5051 Weaver Road Ellensburg,WA 98926 CRAWFORD LEASE PAGE 7 REASSIGNMENTOF HANGAR LEASE I,Tom Crawford,hereby authorize Kittitas County Department of Public Works to reassign the current lease on my Aircraft Hangar at Bowers Field,Ellensburg Washington to Rich Brownlee.This is in consideration of a payment of $7500.00. This represents one half of the hangar value and will be applied to the final purchase of said hangar on June 15,2013.Assumption of this lease assigns all liabilities including,but not limited to Taxes,lnsurance,Lease fees,and Utilitiesassociated with this hangar to the Lessee. Thom W.Crawford (Owner) Ri h Brownlee (Lessee) JAN 10 2013 N î lilAb GUtml Y)EPTOmmm0RIO