The URL can be used to link to this page

Home My WebLink AboutRes-2022-049BOARD OF COLINTY COMMISSIONERS COTINTY OF KITTITAS STATE OF WASHINGTON RESOLUTTON No. 2022]w AUTHORIZING A LEASE WITH THE CITY OF'CLE ELUM F,OR THETEMPORARY RELOCATION OT'THE KITTITAS COUNTY SHERItr'F'SOF'FICE SEARCTI AND RESCUE PROGRAM WHEREAS: Kittitas county and the city of cle Elum completed a land exchange in2021 providing land for long term relocation of the Search and Rescueprogram within the Kiuitas county sherifrs office; and WHEREAS: The City of Cle Elum is offering to temporarily house the Search andRescue program within the old Public Works-shop facility io, t*o y.u*while the Kittitas county Sheriffs office finalles o"u"top-"nt of apermanent facility for Search and Rescue; and WHEREAS: The.Kittitas County Sheriffs office has agreed to rental terms that rentshall be paid in advance on an annual basis, *itn trr. rtrt p"y-""t due on orbefore the lst day of March of each year and continuing thereafter untiltermination of this lease. The rentai rate for each yei is trventy-fiveh*9t"-0 dollars ($2,500.00) per month plus leasehold tax of twelve- andone-half percent (12.5%) and the Lessee shall pay ror uir utiliry servicessupplied to the premises; and wHEREAS: The Kittitas County Sheriff s office desires relocating search and Rescueeffective March l, 2022. Now' THEREFORE BE IT RESOLVED: The Board of County Commissioners, afterdue consideration, does hereby authorize the lease with the city of cre Elum totemporarily house the Search and Rescue program pursuant to lease terms (attached); and Now' BE IT FURTHER RESOLVED: That the Board of County Commissioners doesauthonze the Kittitas county Sheriffs signature on lease Jocu*"rrt.. DATED this 15th day of February 2022,at Ellensburg, Washington. n Deputy Clerk of the Board- Mandy Buchholz WK J,,!,, BOARD OF COI-]NTY COMMISSIONERS KITTITAS COLINTY, WASHINGTON Chairman Wright, Vice-Chairman Brett th, Commissioner lltln t s&,4,1-{FF{*/ 70 - Julie Kjorsvik LEASE TIIIS LEASE is made and entered gffective the lst day of March2022 by and between The City of CleElurn, hereinafter refened to as the LESSO& and Kittitas County Sheri{Ps Ofrtce herBinafter refenei 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 roal property: Lots 2! through 27 of Block ll, Hazelwood Addition to the Town of Cle Elurno as recorded May lg, 1888, in Book I of Plats, Page 45. Kittitas county Assessor Farcel Numbers 7537351759795 and 763735 in clc Elumn wA, Kittitas County, State of Washington. Tqf4s of Said Lesse are as follows: l. TERM: The term of this lease shall be for one (l) year and ten (10) months and wiil commence on thels day of March 2022 andterminate on the 31st day of December 2023, exceptas provided hercunder. (a)f-egsee and Lessor agree that the parties may modifu the terms of this lease, in whole or in part, including but not limited to modifuing the area of land covered by this lease, the renal due, the term of duration of this lease and/or any other term of condition of this lease, but only upon such terms as are mufually agreed upon in uniting. In the event that Lessor finds it-necessary to terminate this lease for reasons not reasonably anticipated at the time 9f ente{ng into the lease, Lessor shall do so only upon one hundred t*oty (,120) days written notice, notifuing Lesseo at Lessee's address of record that the lease to which this applied is being terminated. In the event that the lease is terminated, all rents shall be pro-rated to the date Lessee shall have restored the premises to the Lessor in acnordance with the terms of the lease agreement goveming Lessee's duties to restore the premises to Lessor upon expiration of the lease term. It is flrrther agreed that any modification or termination of this lease pursuant to the terms of the lease shall not give rise to any cause of astion for damages or any other form of relief by Lessee against Lessor or any successor lsssee, In the event of such termination, Lesses 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. o) (c) (d) (e) 2. J 4. BEM: Rent shall be paid in advance on an annual basis, with the first payment due on or before tho lst day of January of each year and continuing thereafter until termination of this leasc, The rentalrate for each year is twenty-five hundred dollars ($2,500.00) per month plus leasehold tax of twelve_ and one_half percent (125W, UJ&lrES: The Lessee shallpay for all utility services suppried to thepremises. LESSOR'S INFORMATION TECHNOLOGY EOUIPMENT; Lesso.r maintains Information Technology equipment on the premises. Lessee will allow Lessor access to said Information Technology City of Cle Elum/trilttitas County SheriffLease CITY OF CtE ELUM equipment, which may require twenty-four (24) hours, seven (?) days a week accpss with no notioe. [t is Lessee's responsibility to safeguard the Infonnation Technology equipment from damage caused by Lessee or other third parties. The Lessee shall be responsible to coneit or puy for any damage caused tb the Information Technology Equipment that may oceur during the term of the lease unless sueh darnage is caused by Lessor. PURPOSE: The Lessee shall utilize the premises primarily for Sheriffs Office purposes supporting Search and Rescue operations. IMPROVEMENTS: Upon termination of this lease, premises shall be left in a neat and orderly condition and without debris. Should the premises not be Ieft in such oonditiono after Lessee receivei such notice, Lgssor may remove debris left and seek reimbursement from Lossee in any manner allowed by law. REPAIRS: The Lessor shall maintain and repair the structural and exterior portion of the facility, including without limitation roofing and eovering materials, foundations, exterior walls, plumbing, fire suppression systems, heating, ventilation and eleckical systems installed or fumished by the Lessor, rinless such repairs or maintenance is required in whole or in part because of any negligcnt or wrongfui act or omission of the Lessee, its agents, employees or invitees, in which case theLesiee shallpay to th, t,osro, the cost of such repairs and maintenance. 5 6. 7 I 9. (a) The Lessee agrees that it will not cornmit waste and that it wiil keep said premises in a safe, sanitary, neat presentable, and otherwise good condition, and in general stratt compty with all the applicable govemmental rules, ordinances and regulations as may be required or imposed by such authorities on said premises and shall comply with any direction pursuant tolaw of any public offi""' o, officers who shall be ernpowered to enforce local, skk and federal rules, regulations ani ordinanees upon the Lessee with respect to the said premises or the use, occupancy, or control thereof and shall not sulfer any improper or offensive use of said premises. AR'EA MAINT-ENANCE: Lessee shall, during the term of this lease, maintain the leased area to the satisfaction of the Lessor. The area shall be kept free of all debris, weeds, and brush for the term of this lease. NOTICES: Any notioe given by one parly to the other in connection with rhis agreement shall be in writing and shall be sent by certified or registered mail, return receipt requested as follows: (a) Ifto Lessor, addressed to: City of Cle Elum I l9 West First Cle Elum, Washington 98922 (b) Ifto Lessee, addressed to: Kittitas County Sheriffs Office 307 W. Umptanum Ellensburg, Washington 98926 Notice shall be deemed to have been received on the date of receipt as shown on the retum receip, PAGE 2 CITY OF €LE ELUM 10. t1, ATSSIQNMENT: The Lessee shall not assign this lease nor sublet any portion thereof without firstobtaining the written consent of the Lessor. INDEMNIFICATION : The Lessee hereby agrees to defendindemnifu, and hold harmless the Lessor from any anJatt "tairs or demands whatsoeve.-r arising out oiany loss, damage, 9r injury to persons or properly resulting from the Lessec's use or occupancy of saidpremises and leased alea, or caused by the acts or negloct of the Lessee, his agents or employees.It is further specifically and expressly understood that the indemnification prJvided herein constitutes theLess€e's waiver of immunity under Indu$rtal l-nsurance. Titb , solely for the pu{poses of thisindemnification' This waiver has been mutually n"gotiat bV thr Lessee and Lessor. Theprovisions of this section shall survive the expiration or termination of this ir"r., (a) InsuranceTerm The l,essee shall procure and maintain for the duration of the Lease, insurance against claims for injuriesto persons or damage to properly which may arise from or in connection with thI Lessee,s operatio-n anduse ofthe leased Premises. (b) NoLimitation The Lessee's maintenance of insurance as required by the Lease shall not be construed to lirnit the liabilityof the Lessee to the coverage provided by such insuiance, or otherwise limit the Lessor,s recourse to unyremedy available at law or in equity. (c) Minimum Scope of Insurance Washington Counties Risk Fool. Kittitas County certifies that it is a member of the Washington Counties Risk Pool (the "Pool'), as provided by RCW 4g.62.031, and that it is covered by the Pool's Joint Self-Insurance Memorandum oil,iubility Coverage Document. Claims submitted under Chapter 4.96 Rcw_("Actions against political subdiiisions, municipal and quasi-rnunicipal coqporations") against Lessee, its employi"r, ofticers, uotunt.* und agents and/or aotions in connection with or incidental to thc performance of this Lease Agreement which Lessee and/or its employees, officers, volunteers, and agents are found to d liable for will be paid by the Pool and/or Lessee. The Pool's liability limits of $10,000,000, per occumence, exceed limits required by the Lease Agreement and provide coverage for commercial general liability, auto liability, and professional liability and shall respond to the same extent as if a commerciat insurance policy hadieen purchased naming Lessor as additional insured. (d) Minimum Amounts of Insurance Property insurance shall be written covering the full value of Lessee's property and improvements withno coinsurance provisions. r '- PAGE 3 CITY OF CI.E ELUM t2. (e) Other Insurnnce provisions Kittitas county self-insures losses incurred by Lessee that are determined not within,coverage (occurrence iate or exclusion) ofthe pool's Joint Self-InsuranceMemorandum of Liability Coverage Document (f) Verification of Covorage Kittitas county shall issue a "Letter of RiskPool Liability coverage" to Lessor regarding Lessee,s liabilitycoverage forthis Lease Agreement. A Pool Memorandum orLiabTtity c"u.*g;-OAtj will also be issuedto Lessor, identifuing the Lease Agreement and naming Lessor as certificate Holder. ($ Waiver of Subrogation Lessee and Lessor hereby release and discharge each oflrer from all claims, losses and liabilities arisingfrom or caused by any hazardcovsred by property insuranoe on or in connection with the premises or said i"X.ll#; This release shall apply only'to the-extent that such craim, Ioss or ii"uility is covered by (h) Notice of Cancellation lhe Les9e9 shall provide the Lessor with written notice of any policy cancellation within two businessdays of their receipt of such notice. (i) Failure to Mainfain Insurance Failure on the part of the Lessee to maintain the insurance as required shall constitutc a material b*ach oflease, upon which the Lessor may, after giving five business iuyr' notice to the Lessee to correct thebreach, terminate the Leaso o., ui itr aiscretioi, prorrr. ;;;;;* such insurance and pay any and allpremiums in connection therewith, with any sums so expended to be repaid to the Lessor on demand. fi) Lessor Full Availability of Lessee Limits If the Lessee maintains higher insurance limits than the minimums shown above, the Lessor shall beinsured for the full available limits of commercial General and Excess or umbrella liability maintainedby ttre Lessee, inespective ofwhether such limits maintain;l;y ttre.tesse. "r, gr*t.rihan those requiredby this Lease or whether any certificate of insurance fumi*rej to th. L"rro, "iid"nr". limits of liabilitylower flran those maintained by the Lessee. DEFAULT: In the event the Lessee shall fail to,comply with any of Lessee,s commitments, duties orresponsibilities under this lease, or any of its condition, o.ir.rn. as herein stated, tlr" i.rr* *ay terminatethis lease by givingthirty (30) days wiitt"n notice ofthe conditions orterms being violated. If said failuresare not corrected within the thirty p0) day period, this lease may be terminatei un6 ;h; Lessor shall beentitled to peaceably retake poss"tsiott of tire premises, provided tie Lessee shall have the right to removeimprovements as herein prwided. In addition to the prlvisions hereinabove, and/or as an alternative orcumulative remedyo Lessor may, alits soleelection,_pursue unr 91rtq.u"ti;";r;;;r;;, or remedy nowor hereafter available to Lessor under the laws or ihe state oi washington, inoluding its Landlord-Tenant laws. PAGE 4 CITY OF CLE ELUM l3 14, t5. wAI\{ER: No assent, express or implied,.by the Lessor to any lrreach 9f *y of Lessee,s covenants,agrcement$, conditions, or terms hereoishall be deemed or turci L be a waiver ofany succeeding breachof any covenant, agreement, condition, or term hereof &PL"IC4B&ITY: The covenants, agreements, tenns and conditions contained in this lease shall applyto and be binding upon Lessor and Leisee and their respective heirs, executors, adminisnators, successorand assigns. INTEGRATION: &hibits and Recitals are incorporated herein by this reference. This Lease embodiesthe entire agrcement belveen the parties with respect to trr" *u;"ct matter herein contained. No :ffi:}!ilt"o or modifications hereof shall be enforceabte u;i;r; i" *iiti"e, .l;ffi; the parry to be q, ""0 ,*HrynHAf*#. *oF' the Lessor and Lessee have signed their names and affixed their sears the day LESSOR: CITY OF CLE ELUM c A/\ Jay Mayor LESSEE: KITTTTAS COUNTY SFMRIFF Clayton Elum PAGE 5