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HomeMy WebLinkAboutOriginal Resolution & LeaseBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2022- 0 AUTHORIZING A LEASE WITH THE CITY OF CLE ELUM FOR THE TEMPORARY RELOCATION OF THE KITTITAS COUNTY SHERIFF'S OFFICE SEARCH AND RESCUE PROGRAM WHEREAS: Kittitas County and the City of Cle Elum completed a land exchange in 2021 providing land for long term relocation of the Search and Rescue program within the Kittitas County Sheriff's Office; and WHEREAS: The City of Cle Elum is offering to temporarily house the Search and Rescue program within the old Public Works shop facility for two years while the Kittitas County Sheriffs Office finalizes development of a permanent facility for Search and Rescue; and WHEREAS: The Kittitas County Sheriffs Office has agreed to rental terms that rent shall be paid in advance on an annual basis, with the first payment due on or before the 1 st day of March of each year and continuing thereafter until termination of this lease. The rental rate for each year is twenty-five hundred dollars ($2,500.00) per month plus leasehold tax of twelve- and one-half percent (12.5%) and the Lessee shall pay for all utility services supplied to the premises; and WHEREAS: The Kittitas County Sheriffs Office desires relocating Search and Rescue effective March 1, 2022. NOW, THEREFORE BE IT RESOLVED: The Board of County Commissioners, after due consideration, does hereby authorize the lease with the City of Cle Elum to temporarily house the Search and Rescue program pursuant to lease terms (attached); and NOW, BE IT FURTHER RESOLVED: That the Board of County Commissioners does authorize the Kittitas County Sheriffs signature on lease documents. DATED this 15d' day of February 2022, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON \\0" -4 comm" SEa cz, Chairman Julie Kjorsvik ory Wright, Vice -Chairman ❑ Deputy Clerk of the Board- Mandy Buchholz n s a Brett Wachsmith, Commissioner LEASE THIS LEASE is made and entered effective the I' day of March 2022 by and between The City of Cie Elum, hereinafter referred to as the LESSOR, and Kittitas County Sheriffs Office, 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: Lots 21 through 27 of Block 11, Hazelwood Addition to the Town of Cie Elum, as recorded May 18, 1888, in Book 1 of Plats, Page 45. Kittitas County Assessor Parcel Numbers 753735, 753735 and 763735 in Cie Elum, WA, Kittitas County, State of Washington. Terms of Said Lease are as follows: TERM: The term of this lease shall be for one (1) year and ten (10) months and will commence on the 1 a day of Manch 2022 and terminate on the 31 st day of December 2023, except as provided hereunder. (a) Lessee and Lessor agree that the parties may modify the terms of this lease, in whole or in part, including but not limited to modifying the area of land covered by this lease, the rental due, the term of duration of this lease and/or any other term of condition of this tease, but only upon such terns as are mutually agreed upon in writing. (b) In the event that Lessor finds it necessary to terminate this lease for reasons not reasonably anticipated at the time of entering into the 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 terminated. (c) 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 accordance with the terms of the lease agreement governing Lessee's duties to restore the premises to Lessor upon expiration of the lease term. (d) It is further agreed that any modification or termination of this lease pursuant to the terms of the lease shall not give rise to any cause of action for damages or any other form of relief by Lessee against Lessor or any successor lessee. (e) In the event of such 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. 2.N : Rent shall be paid in advance on an annual basis, with the first payment due on or before the I st day of January of each year and continuing thercafter until termination of this lease. The rental rate for each year is twenty-five hundred dollars ($2,500.00) per month plus leasehold tax of twelve- and one-half percent (12.5%). 3. UTIUTIES: The Lessee shall pay for all utility services supplied to the premises. 4. LESSOR'S INFORMATION TECHNOLOGY EQUIPMENT: Lessor maintains Information Technology equipment on the premises. Lessee will allow Lessor access to said Information Technology City of Cie Elum/Kittitas County Sheriff Lease CITY OF CLE ELUM equipment, which may require twenty-four (24) hours, seven (7) days a week access with no notice. It is Lessee's responsibility to safeguard the Information Technology equipment from damage caused by Lessee or other third parties. The Lessee shall be responsible to correct or pay for any damage caused to the Information Technology Equipment that may occur during the tern of the lease unless such damage is caused by Lessor. PURPOSE: The Lessee shall utilize the premises primarily for Sheriff's Office purposes supporting Search and Rescue operations. 6. IMPROVEMENTS: Upon termination of this lease, premises shall be left in a neat and orderly condition and without debris. Should the premises not be left in such condition, after Lessee received such notice, Lessor may remove debris left and seek reimbursement from Lessee in any manner allowed by law. 7. REPAIRS: The Lessor shall maintain and repair the structural and exterior portion of the facility, including without limitation roofing and covering materials, foundations, exterior walls, plumbing, fire suppression systems, heating, ventilation and electrical systems installed or furnished by the Lessor, unless such repairs or maintenance is required in whole or in part because of any negligent or wrongful act or omission of the Lessee, its agents, employees or invitees, in which case the Lessee shall pay to the Lessor the cost of such repairs and maintenance. (a) The Lessee 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 to enforce local, 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 suffer any improper or offensive use of said premises. 8. AREA MAINTENANCE: 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 tern of this lease. 9. NOTICES: 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 receipt requested as follows: (a) If to Lessor, addressed to: City of Cie Elum 119 West First Cie Elum, Washington 98922 (b) If to Lessee, addressed to: Kittitas County Sheriff's Office 307 W. Umptanum Ellensburg, Washington 98926 Notice shall be deemed to have been received on the date of receipt as shown on the return receipt. PAGE 2 CITY OF CLE ELUM 10. ASSIGNNffiNT: The Lessee shall not assign this lease nor sublet any portion thereof without first obtaining the written consent of the Lessor. 11. INDEMNIFICATION, HOLD HARMLESS, AND INSURANCE: The Lessee hereby agrees to defend, indemnify, and hold harmless the Lessor from any and all claims or demands whatsoever arising 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. It is further specifically and expressly understood that the indemnification provided herein constitutes the Lessee's waiver of immunity under Industrial Insurance. Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated and agreed to by the Lessee and Lessor. The provisions of this section shall survive the expiration or termination of this Lease. (a) Insurance Term The Lessee shall procure and maintain for the duration of the Lease, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the leased Premises. (b) No Limitation The Lessee's maintenance of insurance as required by the Lease shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the Lessor's recourse to any remedy available at law or in equity. (c) Minimum Scope of Insurance Washington Counties Risk Pool. Kittitas County certifies that it is a member of the Washington Counties Risk Pool (the "Pool'), as provided by RCW 48.62.031, and that it is covered by the Pool's Joint Self -Insurance Memorandum of Liability Coverage Document. Claims submitted under Chapter 4.96 RCW ("Actions against political subdivisions, municipal and quasi -municipal corporations') against Lessee, its employees, officers, volunteers and agents and/or actions in connection with or incidental to the performance of this Lease Agreement which Lessee and/or its employees, officers, volunteers, and agents are found to be liable for will be paid by the Pool and/or Lessee. The Pool's liability limits of $10,000,000, per occurrence, 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 commercial insurance policy had been 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 with no coinsurance provisions. PAGE 3 CITY OF CLE ELUM (e) Other Insurance Provisions Kittitas County self -insures losses incurred by Lessee that are determined not within coverage (occurrence date or exclusion) of the Pool's Joint Self -Insurance Memorandum of Liability Coverage Document (f) Verification of Coverage Kittitas County shall issue a "Letter of Risk Pool Liability Coverage" to Lessor regarding Lessee's liability coverage for this Lease Agreement. A Pool Memorandum of Liability Coverage (NEC) will also be issued to Lessor, identifying the Lease Agreement and naming Lessor as Certificate Holder. (g) Waiver of Subrogation Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. (h) Notice of Cancellation The Lessee shall provide the Lessor with written notice of any policy cancellation within two business days of their receipt of such notice. (1) Failure to Maintain Insurance Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five business days' notice to the Lessee to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Lessor on demand. () Lessor FuR Availability of Leasee Limits If the Lessee maintains higher insurance limits than the minimums shown above, the Lessor shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Lessee, irrespective of whether such limits maintained by the Lessee are greater than those required by this Lease or whether any certificate of insurance furnished to the Lesser evidences limits of liability lower than those maintained by the Lessee. 12. 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 thirty (30) days written notice ofthe conditions or terms Ding 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. In addition to the provisions hereinabove, and/or as an alternative or cumulative remedy, Lessor may, at its sole election, pursue any other action, redress, or remedy now or hereafter available to Lessor under the laws of the State of Washington, including its Landlord - Tenant laws. PAGE 4 CITY OF CLE ELUM 13. 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 14. APPLICABILITY: The covenants, agreements, teens 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. 15. INTEGRATION: Exhibits and Recitals are incorporated herein by this reference. This Lease embodies the entire agreement between the parties with respect to the subject matter herein contained. No amendments or modifications hereof shall be enforceable unless in writing, signed by the party to be charged. IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and affixed their seals the day and year first above written. LESSOR: CITY OF CLE ELUM Jay Uwan, Mayor LESSEE: KITTITAS COUNTY SHERIFF ezeL-= 222tz z:!!!3 Clayton Myers, S ieriff PAGE 5