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HomeMy WebLinkAboutAmendment to Lease 10.16.18KITTITAS f UNTY AIRPORT DEPARTM.(OF PUBLIC WORKS AMENDMENT TO LEASE THIS AMENDMENT TO LEASE is made and dated this ay of , 2018,by and between KITTITAS COUNTY,a municipal corporation in the State of Washington, hereinafter referred to as the LESSOR,and LEROY MILLER,d/bla MILLER REFRIGERATION,and hereinafter referred to as the LESSEE. WITNESSETH: WHEREAS,LESSOR and LESSEE entered into a Lease on October 1,2008,a copy of which is attached hereto and by this reference incorporated herein;and WHEREAS,according to Paragraph 3 "Adjustment of Rental",it states "the rental rate shall be re-adjusted and fixed by the Board of County Commissioners every five years as required in RCW 36.34.180"; WHEREAS,it has been agreed between LESSOR and LESSEE that the following CPI Index will be used for future rental increases. "CPI -AII Cities-AII Items Size Class D Under 50,000" NOW,THEREFORE,IT IS HEREBY AGREED by and between the parties to a change in rental rates and contract terms as follows: 1)"Paragraph #1 -Term"-The term of this lease shall be for five (5)years and will commence on the 1"day of October,2018,and shall terminate on the last day of September,2023. 2)"Paragraph #2 -Rent"-Rental Rates for 10/01/18 thru 9/30/23 Term. Lot C-24 -- .27 Acres --11,900 sq.feet Previous Rate Rental Rate Per Year ($.066 per ($.067 per Sq Ft)Term Sq Ft)Not includinq Leasehold Tax* $785.57 10/01/18 --09/30/19 $795.14 10/01/19 -09/30/20 $795.14 10/01/20 -09/30/21 $795.14 10/01/21 -09/30/22 $795.14 10/01/22 -09/30/23 $795.14 10/01/23 Renegotiate *The current Leasehold Excise Ta× Rate is 12.84%,as deterrnined by the State of Washington and is subject to change. 3)"Paragraph #27 -Modificationor Termination-will read as follows: Lessee and Lessor agree that Lessor may,at Lessor's sole discretion,modify the terms of this lease in whole or in part,including but not limited to any term or condition of this lease,including cancelling the unexpired portion of this lease and re-letting the property to another tenant,in the event that any regulation governing airports or county property is amended in a way that impacts the Lessor's ability to lease,use,control, protect,or maintain the Property.For the purposes of this section,"regulation"is defined to include,but is not limited to:case law interpreting any rule or regulation;any federal rules and regulations,including Federal Aviation Administration rules and regulations;state rules and regulations;and local rules,regulations and ordinances. In the event that Lessor shall elect to modify or terminate this lease,Lessor shall do so only upon one hundred twenty (120)days written notice,notifying Lessee,at Lessee's address of record,that the lease to which this applied is being so modified or terminated. Upon receipt of such notification,and in the event the notification specified modification of the lease short of termination,Lessee shall have sixty (60)days in which to notify Kittitas County of Lessee's intention to continue the lease as modified or of Lessee's intention to treat the lease as terminated. In the event that Lessee elects to treat the lease as terminated,all rents shall be pro- rated to the date Lessee shall have restored the premises to the Lessor in accordance with the terms of the lease agreement governing Lessee's duties to restore the premises to Lessor upon expiration of the lease term. It is fudher agreed that neither such modification or termination of this lease nor any subsequent re-letting of the premises,in whole or in part,shall give rise to any cause of action for damages or any other form of relief by Lessee against Lessor or any successor lessee. In the event of such modification or termination,Lessee understands that other than a refund of any unearned rent prorated to the date Lessee has restored the premises to Lessor,Lessee shall have no claim for compensation as occasioned by said modification or termination. 4)"Paragraph #28 -Nondiscrimination-will read as follows: The (grantee,licensee,permittee,etc.,as appropriate)for himself,his heirs,personal representatives,successors in interest,and assigns,as a part of the consideration hereof,does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land")that in the event facilities are constructed,maintained,or otherwise operated on the said property described in this (deed,license, lease,permit,etc.)for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits,the (grantee,licensee,lessee,permittee,etc.)shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation,and as said Regulations may be amended. The (grantee,licensee,lessee,permittee,etc.,as appropriate)for himself,his heirs,personal representatives,successors in interest,and assigns,as a part of the consideration hereof,does hereby covenant and agree (in the case of deeds and leases add "as a covenantrunning with the land")that:(1)no person on the grounds of race,color,or national origin shall be excluded from participation in,denied the benefits of,or be otherwise subjected to discrimination in the use of said facilities,(2)that in the construction of any improvementson,over,or under such land and the furnishing of services thereon,no person on the grounds of race,color,or national origin shall be excluded from participation in,denied the benefits of,or otherwise be subjected to discrimination,(3)that the (grantee,licensee,permittee,etc.)shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21,Nondiscrimination in Federally Assisted Programs of the Department of Transportation,and as said Regulations may be amended. AII 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 KITTITASCOUNTY,WASHINGTON ARAFNT Laura Osiadacz,Chairman Attest: Clerk of the Board-Julie Kjorsvik Obie O'Brien,Vice-Chairman k of the Board-Mandy Buchholz Cory Wright,Commissioner LESSEE: Ebroy MiÑqr d/blé Miller Refrigeration