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