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Home My WebLink AboutRES 2023-085BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2023- O B 5 A RESOLUTION AMENDING 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 Kittitas County Sheriffs Office Search and Rescue Program; and WHEREAS, The City of Cle Elum offered to temporarily house the Search and Rescue Program within the old Public Works shop facility for two years while the Kittitas County Sheriff's Office finalizes development of a permanent facility for Search and Rescue; and WHEREAS, The Kittitas County Sheriff's Office agreed to rental terms which included the rental rate for each year of twenty-five hundred dollars ($2,500.00) per month plus leasehold tax of twelve and one harf percent (12.5%); and WHEREAS, The Washington State Department of Revenue notified the City of Cle Elum on July 19,2022 that due to the lease being from one government to another government, the Kittitas County Sheriff's Office is not subject to leasehold tax; and WHEREAS, The City of Cle Elum refunded to Kittitas County that sum allocated as leasehold tax in 2022; and WHEREAS, The Kittitas County Auditor's Office has requested the lease be amended to remove the leasehold tax language; and NOW, THEREFORE, BE lT HEREBY RESOLVED, that the Board of County Commissioners of Kittitas County, Washington, by this writing, amends the lease between the City of Cle Elum and Kittitas County Sheriff's Office to remove the "leasehold tax" provision in section 2 pursuant to RCW 39.34.040. ADOPTED this /Lafr d ay of 2023 BOARD OF COUNTY COMMISSIONERS KITTI RESOLUTION Cory Wright, Chairman HINGTON L , Vice-Chairman La S acz, Commissioner APPROVED AS TO FORM: t 1L'J 7) Douglas R. Mitchell,Deputy Prosecuting Attorney frClerk of the Board- Julie Kjorsvik n Deputy Clerk of the Board- Mandy Buchholz RESOLUTION BOARD OF COLINTY COMMISSIONERS COT'NTY OF KITTITAS STATE OF WASHINGTON RESOLUTTON NO. 2022-:w AUTHORIZING A LEASE WITH THE CITY OF CLE ELUM F,OR THETEMPORARY RELOCATION OF THE KITTITAS COUNTY SIIERIFF,S OFF'ICE SEARCH AND RESCUE PROGRAM WHEREAS: Kittitas County and the City of Cle Elum completed a land exchange in2021ptoviding land for long term relocation of the Search and Rescue program within the Kittitas County Sheriffs 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 yearswhile the Kittitas County Sheriffs Office finalLes development of apermanent facility for Search and Rescue; and WHEREAS: The-Kittitas County SherifPs office has agreed to rental terms that rent shall be paid in advance on an annual basis, with the fust puy*"niau. on o,before the lst day of March of each year and continuing tt"r"aner untittermination of this lease. The rental rate for each yei is twenty-five hundred dollars ($2,500.00) per month plus leasehold tax of twelve- andone-$t{ pelcent (125W and the Lessei shall pay for all utility services supplied to the premises; and WHEREAS: The Kittitas County Sherifls office desires relocating Search and Rescueeffective March 1,2022. NOW' THEREFORE BE IT RESOLYED: The Board of County Commissioners, afterdue consideration, does hereby authorize the lease with the city of cle Elum totemporarily house the Search and Rescue program pursuant to iease terms(attached); and NOW' BE IT FURTHER RESOLVED: That the Board of County Commissioners doesauthorize the Kittitas county Sheriffs signature on lease documents. DATED this 15th day of Februwy 20z2,at Ellensburg, washington. n Deputy Clerk of the Board- Mandy Buchholz ih'b r'r! Brett BOARD OF COI-INTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Chairman Wright, Vice-Chairman Commissioner Julie Kjorsvik IIIIS LEASE is made and entered effectiv_e_ttr9 l$ day oftvfarch2}zzby and between The City of CleElum, hereinaftcr rpfened to as the LES$O& and Kittitas County Sherilfs Ofii"e hr*i".ft.r refened to asthe LESSEE. LEASE WITNESSETII: The Lessor hereby agrees to lease to the Lessee, and tlre l,essee hereby agr€€s to lease fum t6e Lessor,the following described real property: Lote 2I through 27 of Block ll, Hazelwood Addition to the Town of Cle Elum, as recorded May lg, 1E88, in Book I of plats, page 45. Kittitas county Assefsor Parcel Numbers 7537gsr7sg73sand 763735 in clc Elum, wA, KittitasCounty, Stste of Washington. Terms of $sid Lesse are a$ follows: TERM: The term of this lease shall be for one (l) year and ten (10) months and wiil commenc€ on the 1 d day of lvlarch 2022 and'terminate on the 3 I st day of December iv23, exenpt* prouiiJ hereunder. (a) kssoe and Lessor.agree that the parties may modiS the terms of this lease, in whole or in part,including but not tjrytt4 to modifying the area of land covered by this lease, the renal due, theterm of duration of this lease and/or any other term of condition oitt,ir r*r", L"t o"ly upon suchterms as are mufirally agreed upon in uriting.O) In the event that Lessor findi it necesssfy to terminate this lease for reasons not reasonablyanticipated at the tirne of entering into the tcase, Lessor shalt do *-*t upon "". rt*a*a Nenty (t^20) day-s nnitfen notice, notifring Lossec at i,essee's address or r"ciru, th.a till** to whichthis applied is being terrninated.(c) In the event that the lease is terminated, all rents shall be pro-rated ro the date Lessee shalt haver€stored the premiscs to the Lessor in accordance with the terms of the tease;grrr;;nt govemingLessee's duties to resore the premises to Lessor upon expiration of the lease -term. - (d) It is firrdre.r agreed that any modification or termination 6r*,it t.";";;;il';. r,erms of thelease shall not give rise to any cause of action for damages or any other form orretierUy Lesseeagainst Lessor or any succ€ssor lessee.(e) In dre ovent of such termination, Lcssec undershnds that other than a reftnd of any unearned rcntprorated to the date Lessee has rcstored the premises to [.essor, kssee shall have no claim forcompensation as occasioned by said modification or tennination. 2' REM: Rent shall be-paid in advance on an annual basis, with the frst payment due on or before the I stday of January of each year and continuing thercafter untit termination ofutis leasc. The rental rate foreach year is twenty-five hundred doilars ($i,SOO.OO; per month plus fear"nofO ta* oit*ulnr_ and one-halfpercnrft(125Te. 3' UTILITIES: The Lessee shatl pay for all utility services supplied to the premises. 4. Lesso.r maintains InformationTechnolory equipment on the premis"s. Lissee wiil ffiffissor accsss to said Information TechnotogT City of Cle ElumlKinitas County SheriffLease equipment' which may require twenty-four (24) hours, seven (7) days a week access with no notice. It isLessee's reqponsibility to safeguard 0re Information tecnnotogo;q;ipto;;ftr damage caused byl'essee or other third parties. The Lessee_shall be responsible to6.tit o.p"y * *, damage caused tothe Information Technology Equipment that may occur during the term ortn" teas" unless sich ;;;A;is caused by Lessor. 5' PURPOSE: The Lessee shall utilize the premises primarily for Sheriffs oflice purposes supportingSearch and Rescue operations. 6' IMPRO\IEMENTS: upon termination of this lease, premises shall be left in a neat and orderlyoondition and without debris. should the prernises not b; left in such oondition, after Lessee receivedsuch notice, Lessor may remove debris left and seek reimbursem€nt rro- L"rrr" in any mannerallowed by law. 7 ' REPAIRS: The Lessor shatl maintain and rcpair the sfuchrral. and exterior portion of the facilify,including without limitation rooling and covering materiats, foundations, exterior walls, plurnbing, firesuppression systems, heating, ventilationand elecnical systems installed or frrtni.n"a Uy tt "i;;r;fi;h;;suoh repairs or maintenance is required in whole or in part because of any ""tG* or wrongfiil act orornission of the kssee, itsagents, emptoyees or invitees, in which."se ttr" t ."oJrn* puv "fi. f"rr",.the cost of such repairs and maintenance. (a) The Lrssee agrces that it will not commit waste and that it will keep said premises in a safe,sanitary, nea! presentable, and otherwise good condition, and in general shall comply with all theapplicable gov€mmental rules, ordinances and regulations u, m"y-be required or imposed by suchauthorities on said premises and shall :ompry with any direction pursuant toiu* or*y pruiL "ifi"r. ",officers who shall be empowered to enforce local, statpand federairulas, regulations ano ordinances uponthe Lessee wittr respect to ttre said promises or the use, oocupancy, or contol thereof and shall not sufferany improper or offensive use of said premises- 8' AREA MAINTENANCE: Lessee shall, during the term of this lease, maintain the leased area to thesatisfaction of the Lessor. The area shall be t"pt rt r of atl debris, *""dr, anJ urusrr for the term of thislease. 9' NOTICES: Any notice given by one party to ttre ofter in connection wirh this agreement shall be inwriting and shall be sent by certified or registered mail, rehrn recerp reques6 as follows: (a) Ifto lrssor, addressed to: CITY OF GLE ELUM City of Cle Elum I l9 West First Cle Elunl Washington 98922 (b) Ifto Lessee, addressed to: Kittitas County Sheriffs Office 307 W. Umptanum EI lensburg Washington 98926 Notice shall be deemed to have bcen received on the date of receipt as shown on the retum receipt, PAGE 2 t0. ll CITY OF CLE ELUM The Lessee's maintenance of insurance of tlre Lessee to the coverage provided remedy available at law or in equity AsslqN .MEMI: The Lessec shall not assign this lease nor sublet any portion thereof without firstobtaining the writen consent of the Lessor. INDEMNIFICATI0N, H9LD II$'MLESS. AI\ID IN:SIJI,ANCE: The Lcssee hereby agrees to defendindemniff,andholdharmlesstt'etr'@ordemands*',d;arisingoutof any loss, damage, or injury to perso_ns 9r property resulting t"rn tr," frssec,s ;;;;;p""cy of saidpremises and leased al9s, oI caused by the acG ornaglect oitlr.Irrro, rris ug"ntr oi "*proyr.r.- It is furlher sperifically and expressly understood thi't rtre inaemnincation provided herein constitutes theLessee's waiver of immunity uncer Inaustria!.lnsurange. ritrc ji RcW, ior"ry ioitrr" furpor., of thisindemnification' This waiver trar u"r@ to by the Lessee and Lessor. Theprcvisions of this s'ection shall survive the expiiation-or terminatioi of this i.rr.. (a) InguranceTerm The Lesses shallprocure and maintain for the duration of the Lease, ipuralce against claims for injuriesto persons or damage to properly which may arise from or in conne,ction with th; L.;d;, operation anduse ofthe Ieased Premises. (b) No Limitation as required by the Lease shall not be consfued to limit the liability by such insurance, or othenruise limit the Lessor's rccourse b ;;y (c) Minimum Scope of Insurance Washington Counties Rick Pool. Kittitas Counry certifies that it is a member ofthewashinglon counties }i$ l"-r! (the *Poof), as irovided by RCW 4g.62.031,and that it is 19v9ted by the Pool's Joint Self-Insuranos Memorandum of uuuitity Coveraje no.u1n.nl.claims submitted under chapter 4.96 Rcw f'Actions agaTst potiticat subdivisions, municipaland.quasi-rnunicipalcorporations') ryainstl4ssee-, its eitprovJ*li"m""rs, "olunL-o uiJ "g*oand/oractions in connection with or incidenal to trt.purr6#*.r of 6,ir G;gr;;;;;which Lessee and/or its em_ployces, offic€rs, voluntcers, .nd "g"nts are found to be liablc for willbe paid by the Pool and/or Lessee. The Pool's liability limits of $10,000,000, per occur€noe, exceed limits required by the LeaseAgr-eementand provide coverage for commercial-genenliiability, "uto ri*ility, *ip.rrrri"""lliability S t$t respond to thJ same extent as if i commerpiat i'n*.*r. policy had bcenpurchased naming kssor as additional insured. (d) Minimum Amounts of rnsuralgg Property insurance shall be written covering the full value of Lessee's property and improvements withno coinsurance provisions. PAGE 3 CITY OF CLE ELUM 12. (e) Other Insurance provisions Strit r county self-insures rosses incuned by Lessee that are determined not within coverage (occunrnce iate or exclusion) ofthe pool's Joint self-InsurianoeMemorandum of Liability Coverage Document (l) Verification of Coverage Kifiitas County shall issue a "Letter ofRiskPool Liability Cgverasg" tllessor regarding Lessee,s liabilirycoverage forthisrease Agreement. A Pool Memorandum oft iabiiry c"";;;6fl,Ci";llalso be issuedto Lossor, identifying the Lease Agreement and naming Lessor as Grtincute-lloru"r. ' G) Waiver of Subrogation Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arisingfnnn or caus99 by "ny Wgcovered u_v nronerrv insurance on or in connection with the premises or said [XlHi This release shall apply onl-y'to the-extent that such ctaim, rorr o, iiuiiiti is covered by (h) NoticeofCancellation Jhe llsgee shallprovide the Lessor with written notice of any policy cancetlation within rwo businessdays oftheir tecolpt of such notice. (i) Failure toMaintain Insurance Failure on the part ofthe kssee to maintain tfe inluralce as required shall constitutc a material breach oflease, upon wfrich the Lessor may, after grving five business aays' notioe to the Lessee to co,,€ct thebreaoh, terminate the Lease or, ai its oiscretiort procure or t"n"* such insuranceil p"y any and allpremiums in connection therewith, with any sumsso expended to be repaid to the Lessor on demand. (i) Lessor X'ull Availability of lessee Linih If the Lessee maintains higher insurance limits than the minimums shown above, the Lessor shall beinsurpd for the full available limits of Commercial General and Excess or umbrella liability maintainedby ttre l'esseg inespective ofwhether such limits maintained uy trre Lse" are greater than *o." requiredby fiis Lease or whether any certificate of insunnce furnishej to the Lessor riid"nr", ti-it, ogi.uititylower than those maintained by the Lessee. DEFAULT: In the event the Lessee shall fail to.comply with any of Lesseo's commitnents, duties orresponsibilities under this leaw, or any ofits conditio* orlrmr * ii.*in stated, the Le;;;;;ry terminarethis lease by giving thirty (30) days nnitten notice ofthc conditionr oit"..r being violated. If said faituresare not conpoted withinthe thirty (30) 9y p"ri4 this leasc may be terminarci -a tt. r"r*r shall beentitled to peaceably reake n9;slssion of tire premises, providcd ril, i"* shall have ttre right to removeimprovements as herein provide.d. In additionto the provisio"r tr"*i""u""-.'i";d;;itemarive orcumulative remedy, Lessor may' at its sole election,.puryu" utry oirt.t action, redrpss, or rcmedy nowor hareafter available to Lessoi under the laws of ihe sate oi w"stringto;; ;;;ffiil its Landlord-Tenant laws. PAGE 4 CITYOFCLE ELUM l3 t4 t5. WAIVER: No assent, e)press 9r imp^lid !v g" kssor to any breach of any of Lessee,s covenants,agrtaments, conditions, or tetms hereof shall be deemed or taken -to be a waiver of;t;;"ding breachof any covenant, agreement, conditio4 or tetm hereof APPLICABILITY: The-covenants, agreements, terms and conditions contained in tlris lease shallapplyto and bc binding upon l.essor and kssee and treir respective heirs, executors, administators, successorand assigns. IN wITNEss WHEREOF, the Lcssor and Lessee have signed their names and affixed their seals dre dayand ycar frrst above writtcn. LESSOR: CITY OF CLE ELUM 4.ITEGMTION: Exhibits and Recitals are incorporated herein by this reference. This Lease embodiesthe entire agreement FY""n the parties with respect to ttre su6ject mafter herein contained. Noamendments or modifioations hereof shsll bo enforceable unless in r*iting,.lgA;i;; party to beoharged, q,a A.\ Jai 'an, Mayor LESSEE: KITffTAS COLINTY SITERIFF Clayton Elum PAGE 5