HomeMy WebLinkAboutCommercial Building LeaseCOiN MERUIAL BUILDING LEASE
THIS LEASE, dated for reference purposes only on tne Zbtn Oay of June . 2019, is made
and entered into, to commence on the 1st day of JulV. 2019, by and between KlfilTAS
COUNTY, a subdivision of the State of Washington, hereinafter refened to as the LESSOR, and
First and Last Ghance Tavern LLC, hereinafter refened to as the LESSEE.
WITNESSETH:
Lessor does hereby lease to Lessee, and Lessee hereby leases from Lessor, a that
certain realproperty legally described as CD. 571; TWN. EBURG; SHOUDYS 2ND ADD'
LOTS 4 THROiJGH 11-& PTN. VACATED gTH BLOCK 78 and cD. 568; TWN. EBURG;
sHouDys 2ND ADD. TAX NO, 1 0F LOTS 1,2 & 16 BLOCK 77. Said Premises are located
in the City of Ellensburg, County of Kittitas, State of Washington.
This Lease is made in accordance with chapters 2,81KCC and 36'34 RcW, and is
subject to the terms, covenants and conditions herein set forth. Lessee covenants as a
material part of the consideration fpr this Lease to keep and perform each and all of the said
terms, covenants and conditions by it to be kept and performed,
1. TERM. The term of this Lease shall be for Five (5 years and will crmmence on the -flOay
otlqlt2gtg_ and terminate on the last day of June,2024, except as provided hereunder.
2. u*s-E
Lessee shall use the Premises for the retail sale of beverages and food items and
storage and shall not use or perrnit the Premises to be used for any other purpose without the
prior written consent of the Lessor,
BENI:
a. Lessee agrees to pay Lessor as Rent, without notice or demand, the mgnthly qum of
One ThousanU ftriee Hundred Fifty Four and 50/100 Dollars ($1,3!4.50) in
advance, on or before the first day of each and every successive calendar month
during the term hereof, except that the first and last month's rent shall be paid upon the
execution of this Lease.
b. Annual increases of 5%will take effect January 1't each year.
c. ln the event of a percentage increase in the Leasehold Tax amount owing to the State
Department of Revenue, then Lessee's base rent amount shall increase accordingly,
commencing on the first day of the month in which said increase shall come into effect
as payable to the Department of Revenue,
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KITTITAS COUNTY
4.
d, Said total rent, including the leasehold excise tax arnount, shall be paid to Lessor,
without deduction or offset, in lawful money of the United States of America, at the
following location:
Kittitas CountY Auditor
205 West 5th,-Room 105
Ellensburg, Washington 98926
Or at such other place as Lessor may from time to time designate in writing,
e. Lessor shall receive renl as stated above and shall be responsible for real estate
taxes, Property liability insurance and maintenance, subject to the Lessee's
obligations for insurance and basic maintenance as set out below, incurred by
reason of Lessee's ownership and/or operation of the Prernises.
LATE CHARGES. Lessee hereby acknowledges that late payment by Lessee of Rent
or other sums due hereunder will cause Lessor to incur costs not contemplated by this
Lease, the exact amount of which may be difficult to ascertain. Such costs include, but
are not limited to, processing, accounting, and late charges' Accordingly' if any
jnstallment of Reni or any sum due from Lessee shall not be received by Lessor or
Lessor,s designee within ten (10) days after written notice that said amount is past due,
then Lessee stralt pay to Lessor a late charge equal to ten (10%) percent of such
overdue amount. Acieptance of such late charges by Lessor shall in no event constitute
a waiver of Lessee's default with respect to such overdue amount, nor shall it prevent
Lessor from exercising any of the other rights and remedies granted hereunder.
UTILITIES: The Lessee shall pay for all sewer seNice, telephone service, garbage and
trash re-mov.l and all other seruices and utilities supplied to the Premises, together with
any taxes thereon. Any utility extensions requested by the Lessee shall be subject to
advance review bY the Lessor,
6. USES Lessee shall not do or perrnit anything to be done in or about the
Premises nor shall Lessee bring or keep anything therein which will in any way increase
the existing rate of or affect any ftre or other insurance upon the Premise or the contents
of any building thereon, or which would cause a cance llation of any insurance policY
covenng any pa rt of said Premises or its contents. Lessee shall not do or permit
anything to be done in or about the Premises which will in any way obstruct or interfere
with the rights of oth er tenants or occupants of the Property or injure or annoy such
other tenants or occupants,nor shall Lessee use oI allow the Premises to be used for
any improper, immoral, unlaMul or objecti onable purpose, nor shall Lessee cause,
maintain or permit any nuisance in, on or about the Premises. Lessee shall not commit
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or allow to be committed any waste in or upon the Premises.
RULES AND REGULATIONS. The Lessee agrees to faithfully observe and comply with
all pertinent rules and regulations of the federal, state and local govemments, as are
presently in effect and may in the future be adopted, Lessee shall also faithfully observe
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KITTITAS COUNry
and comply with the rules and regulations that Lessor shallfrom time to time promulgate
and/or rnodify. The latter such rules and regulations shall be binding upon the Lessee
upon delivery of a copy of such rules and regulations by Lessor to Lessee, Lessor shall
not be responsible to Lessee for the nonperformance of any of said rules and regulations
by any other tenants or occupants.
8. MAINTENANCE, RE PAIRS AND ALTERATION OF PREMISES.
a. Lessea's Obllgationg. Lessee shall, during the term of this Lease, keep the
Piemises in good order, condition and repair. Lessee shall keep the Premises free of
alldebris, weeds and brush for the term of this Lease. Lessee shall reimburse
Kittitas Goung 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. Lessor shall incur no expense nor have any obligation of any kind
whatsoever in connection with maintenance of the Premises. Lessee accepts the
Premises in 'AS lS" condition and expressly waives the benefits of any statute now
or hereafter in effect which would otherwise afford Lessee the right to make repairs at
Lessor's expense or to terminate this Lease because of Lessot"s failure to keep the
Premises in good order, condition and repair. Any improvements to the Premises
which are necessary for the Lessee to demise, occupy and use the Premises for the
purposes set forth in this Lease shall be done at Lessee's sole cost and expense in
accordance with the terms of this Lease, Lessee shall, in removing snow, not place
snow upon adjacent property nor upon utility meters or in any way that blocks either
vehicular or pedestrian rights of way. Parking by guests/customers of Lessee shall
not block residentialaccess to the adjacent mobile home park.
b. Lessee Not to lQs!0mjl!,Vas'lg. Lessee agrees that it will not commit waste and that it
wiltt<eep said premises in a safe, sanitary, neat, presentable, and otherwise good
condition, and in generalshall comply with allthe applicable govemmental rules,
ordinances and regulations as may be required or imposed by such authorities on said
premises and shall mmply with any direction pursuant to law of any public officer or
officers who shallbe 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,
c. S.urrender. On the last day of the term hereof, or on any sooner termination, Lessee
siiall surrender the Premises to Lessor in good condition broom clean, ordinary wear
and tear excepled. Lessee shall repair any damage to the Premises occasioned by
iis use thereof, or occasioned by the removal of Lessee's buildings, trade fixtures,
furnishings and equipment pursuant to Article 8(e)(4), which repair shall include the
patching and filling of holes and repair of structural damage'
d, Lessor's Rights. lf Lessee fails to perform Lessee's obligations under this Article 8,
tessor at its option may (but shall not be required to) enter upon the Premises, after
ten (10) days prior written notice to Lessee, and put the same in good order,
condition and repair, and the cost thereof together with interest thereon at the rate of
twelve (12%) percent per annum shall become due and payable as additional rental
KITTITAS COUNTY
e, Alterationg rnd icldillgns..
(1) Lessee shall not, without Lessor's prior written consent, make any alterations,
improvements, or additions in, on or about the Premises, except for non-
structural alterations not exceeding $1,000,00 in cost. As a condition to giving
such consent, Lessor may require that Lessee remove any such allerations,
improvements, additions or utility installations at the expiration of the Lease term,
and restore the Premises to its prior condition.
(2) Lessee, at Lessee's sole cost and expense, shall pay any and all costs
necessary to construct any facillties to be used on the Premises by Lessee'
Lessee shalt share equalty with other tenants the cost of creating, segregating
and securing any Common Areas to which Lessee has access,
(3) Before commencing any work relating to alterations, additions and improvemen'ts
affecting the Premises or Common Areas, Lessee shall notifu Lessor in writing of
the expected date of commencement thereof. Lessor shall then have the right at
any time and from time to time to post and maintain on the Premises such
nolices as Lessor reasonably deems necessary to protect the Premises and
Lessor from mechanic's liens, rnaterialmen's liens or any other liens, ln any
event, Lessee shall pay, when due, all claims for labor or materials furnished to
or for Lessee at or for use in the Premises. Lessee shall not permit any
mechanic's or materialmen's liens to be levied against the Premises for any labor
or material furnished to Lessee or claimed to have been fumished to Lessee or to
Lessee's agents or contractors in connection with work of any character
performed or claimed to have been performed on the Premises or at the direction
of Lessee. Lessee shall not undertake any alterations or additions to the
premises without first obtaining the appropriate permits from any governmental
agency having jurisdiction over improvements to the building.
(4) Unless Lessor requires their removal, as set forth in Article 8(e)(1), all alterations,
improvements or additions which may be made on the Premises subsequent to
Lessee's first occupation of the Premises, shall become the property of Lessor
and remain upon and be sunendered with the Premises at'the explration of the
Lease term. i.lotwithstanding the provisions of this Article e(e)(4), Lessee's
machinery, affixed to the Premises so that it cannot be removed without material
damage to the Premises, shall remain the property of Lessee and may be
removed by Lessee subject to the provisions of Article 8(c).
DAMAGE ANO DESTRUCTION.
a, ln the event that improvements on the Premises are damaged or destroyed, partially
or totally, from any cause whatsoever, whether or not such damage or destruction is
covered by any insurance, this Lease shallterminate.
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KITTITAS COUNTY
10.
11, ASSIGNMENT AND SU NG.
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a. By Lessee, Lessee shall neither voluntarily nor by operation of law, assign,
trinsfer, mortgage, pledge, hypothecate or encumber this Lease or any interest
therein, and shail not sublet said Premises or any part thereof (other than the
storage unit to the east of the tavern), or any right or privilege appurtenant thereto,
or allow any other person (the officers, employees, agents, servants, and invitees of
Lessee exiepted) io occupy or use said Premises or any portion thereof, without the
prior written consent of Lessor. Any assignment or subletting done without Lessor's
written approval shall be void, and shall, at the option of the Lessor, constitute a
default under the terms of this Lease.
b. Eyr Lesso_r_. Lessor reserves the right to assign this Lease and/or all rights of Lessor
foiani purpose to arry third party whereupon Lessee shall then and thereafter
rendei ill perfonnance under this Lease to such assignee except as to any and all
residual obligations to Lessor.
INSURANCE. Lessee shall obtain and maintain in force during the term of this agreement
tcomprehelsive liability insurance policy, which provides protection for bodily injury
finduding death) and property damage. Said insurance shall provide coverage by the
L"*see to any oificers, agents, employees, invitees or permittees of the Lessee, and shall
name the Leisor as co-insured. Lessee shall provide fre Lessorwith a copy of said
insurance policy.
a. The Lessee's liability insurance policy shall at a minimurn have the following
provisions:
(1) Premises and leased area llability coverage in an amount not less than $1,000,000' each occurrence. Lessee may provide this insurance under a blanket policy,
provided that said insurance shall have a Lessor's protective liability
endorsement attached thereto.
b, All property and improvements placed upon or rnade to the Premises shall be at
Lessee's iole risk. Any properly remaining on or about the Premises after Lessee's
vacation thereof may be disposed of by Lessor as Lessor determines,
LIENS. Lessee shallkeep the Premises, Property, and the building(s) in which the
Premlses are situated, free from any liens arising out of any work performed, materials
furnished or obligation incurred by Lessee. Lessor may require, ai Lessor's sole option,
that Lessee shali provide to Lessor, at Lessee's sole cost and expense, a lien and
completion bond in an amount equal to one and one-half (1'11/) times the.estimated
cost of any improvernents, additions, or alterations in the Premises which Lessee
desires to-make, to insure Lessor against any llability for mechanic's and materialmen's
liens and to insure completion of the work.
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KITTITAS COUNTY
(2) provision for not less than thirty (30) days advance written notice to Kittitas County' ' regarding any malerial change or termination of the policy. lf Lessee shall fail to
rniintairlsaid insurance, Leisor may, but shall not be required to, procure and
rnaintain the same, but at the expense of Lessee,
b, The limit of any such insurance shall not, however, limit the liability of Lessee
hereunder.
c. proof of insurance shalt be in a form acceptable to and approved by the Gounty as
Lessor. A certificate of insurance namlng the Countv, its elected officers and
employees as additional insureds, and naming the County a.g a certificate
holder shall accompany this Lease for signature.
d. No contractshall form-until and unless a copv of the certificate of ins[t4n-Qe.
in the. amount required. ls attached hereto'
e. Lessee hereby releases Lessor of and from every and all right, claim and demand that
Lessee may h-ereafter 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 included
under the normal extended coverage clauses of insurance policies, and does hereby
waive all righls of subrogation in favor of insurance carriers against Lessor adsing out
of such losies sustained by Lessee in or to the said Premises and leased area.
13. HOLD HARMLEgS-
a. Lessee hereby agrees to defend, indemnify and hold harmless the County (Lessor), its
elective and appointed officers and employees, from and against any and all claims or
demands whaisoever arising out of any loss, damage, or injury to persons or property
resul1ng from the Lessee's use or occupancy of the Premises, Leased Area and
Common Areas. lt is further expressly provided that no liability shallattach to the
County by reason of entering into this Lease, except as expressly provided herein.
b. This hold harmless and indernnification provision shallextend to any and allclaims
arising from Lessee's use of the Premises and Leased and Common Areas or from
the conduct of its business or from any activity, work or things which may be
permitted or suffered by Lessee in or ibout the Premises. This hold harmless and
indernnification provision shall further apply to any and all claims arising from any
breach or defauit or pedormance of any obligation on Lessee's part to be performed
under the provisionsof this Lease arising from any negligence by Lessee or any of
its officers, agents, contractors, ernployees or invitees, and from any and all costs,
attorney's feis, expenses and liabilities incurred in the defense of any such claim or
any action or proceeding brought thereon.
c. Lessee hereby assumes all risk of damage to the property or injury to persons in or
about the premises from any cause and Lessee hereby waives allclaims in respect
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KITTITAS COUNTY
thereof against Lessor except for when the said damage or injury arises out of the
sole negligence of Lessor.
d. Lessee hereby agrees that Lessor shall not be liable for injury to Lessee's business
or any loss of income therefrom or for darnage to the goods, wares, merchandise or
otheiproperty of Lessee, Lessee's officers, agents, employees, invitees, customers
or any other person in or about the Premises; nor, unless through its own
negligence, shall Lessor be liable for injury to the person of Lessee, Lessee's
emlloyees, agents, customers or other invitees, whether such damage or injury is
cadsei by or iesults from fire, steam, electricity, gas, water or rain or from the
breakage, leakage, obstruction or other defects of pipes, sprinklers, wires,
applianceS, plumbing, or from any other cause, whether said damage or iniury
risults from'conditions arising upon the Premises or upon other portions of the real
Property of which the Premises are a part or from other sources or places, and
regardless of whether the cause of such damage or iniury or the means of repairing
the same is inaccessible to Lessor or Lessee.
e. Lessor shall not be liable for any damages arising from any act or negligence of any
other Tenant, if any, of the Property of which the Premises are a part,
NOTIGES. Any notice or demand given by one party to the other in connection with this
"greem""t
shail be in writing and shall be sent postage prepaid by United States certified
oI registered mail, retum receipt requested, to the addresses hereinbelow stated, or to
such other place as may from time to tirne be otherwise designated, as follows:
(a) lf to Lessor, addressed to;
Kittltas County Auditor
205 West Sth, Room 105
Ellensburg, Washington 98926
(b) lf to Lessee, addressed to:
16.
Upon a change of address, the party whose address has changed shall notify the other
pirty in writing within Ten (10) days of the date the change is to become effective, Notice
shali be deeried to have been received on the date of receipt as shown on the retum
receipt. Notice need be sent to but one Lessee where the Lessee is more than one
person.
ATTORNEY FEES. ln case Lessor shall bring suit to recover any Rent or other charges
Oue freretrnOer, or tor 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,
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KITTITAS COUNTY
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19.
declaratory or othenrvise, arising out of this Lease, the prevailing party shall recover
reasonabll attorney fees which itratt Ue determined and taxed by the court as part of the
costs of such action.
HOLDING OVER. lf Lessee remains in possession of the Premises or any part thereof
after expiration? the term herein with the express written consent of Lessor, such
o""rp"n"y shall become a tenancy from month to month at a rental in the amount of the
last monthly Rent, plus all other iharges payable hereunder, and upon all other terms
hereof applicable to a month to month tenancy, until such tim.e as the parties may enter
into anoih'er Lease agreement under such agreement's stated terms and conditions.
ENTRY By LESSOR. Lessor reserves, and shall at any and all reasonable times have
@PremisestoinspectthesameandtosubmitthePremisesto
prosfEctive purchasers or tenants and post notices of non-responsibility 39.fT .nV
6tnui putpoie that Lessor, in its sole discretion, deems necessary; PROVTDED'
however, it at tne business of Lessee shall not be interfered with unreasonably.
a, Upon entry by Lessor, Lessee hereby waives any claim for damageS, injury,
inconvenience to or interference with Lessee's business, any loss of occupancy or
quiet enjoyment of the Premises and any other loss occasioned thereby.
b. For each of the aforesaid purposes, Lessor may have and retain a key with which to
unlock all doors in, upon and' about the Premises, excluding Lessee's vaults, safes
and files, and Lessoi shall have the right to use any and all means which Lessor
may deem proper to open said doors in an emergency in order to obtain entry to the
premises, wittrbut tiaOility to Lessee except for any failure by Lessor to exercise due
care for Lessee's ProPertY.
c. Any entry to the Premises obtained by Lessor by any of said means, or otherwise,
snail under no circumstances be construed or deemed to be a forcible or unlawful
entry into, or a detainer of, the Premises, nor shall such entry be deemed an eviction
of Lessee from the Premises or any portion thereof.
LESSEE'S DEFAULT. The occurrence of any one or more of the following events shall
constitute a default and breach of lhis Lease by Lessee.
a. Lessee's abandonment of the Prernises.
b. Lessee's failure to make any payment of Rent or any other payment required
hereunder, as and when due,
c, Lessee's failure to observe or perform any of the covenants, conditions or provisions
of this Lease to be observed or performed by the Lessee, other than failure to pay
Rent, where such failure shall continue for a period of Fifteen (15) days after written
notice thereof by Lessor to Lessee; PROVIDED, however, that if the nature of
Lessee's defauli is such that more than Fifteen (15) days are reasonably required for
its cure, then Lessee shall not be deemed to be in default if Lessee comrnences
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KITTITA$ COUNTY
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such cure within said Fifteen (15)day period and thereafter diligently pursues such
cure to comPletion.
d, Lessee's making of any general assignment or general arrangement for the benefit
of creditors, or 6e filing by or against Lessee of a petition to have Lessee adiudged
a bankrupt, or the filing of a petition for reorganization or arrangement under any law
relating tb bankruptcy, unless, in the case of a petition filed against Lessee, the
same is dismissed within Sixty (60)days-
e. The appointment of a trustee or a receiver to take possession of substantially all of
Lesseds assets located at the Premises or of Lessee's interest in this Lease, where
possession is not restored to Lessee within Thirty (30) days.
t. The attachment, execution or other judicial seizure of substantially all of Lessee's
interest in this Lease, where such seizure is not discharged within Thirty (30)days.
g. ln the case of Lessee's insolvency or bankruptcy, 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 no further force and effect, and the Trustee in
Bankruptcy, Receiver, or Assignee for the benefit of creditors shall have no rights
whatsoever in the Lease or in the demised Premises.
LESSOR'S REI,IEDIES IN DEFAUIT.
a. ln the event that Lessee shall fail to comply with any of Lessee's comrnitments,
duties or responsibilities under this Lease or any of its conditions or terms as herein
stated, Lessee shallbe in default or breach of this agreement. At any time
thereafter, Lessor may terminate this Lease by giving Thirly (30) days written notice of
the conditions or termi being violated, lf said failures are not mnected within the
Thirty (30) day period, this L-ease may be terminated and the Lessor shall be entitled to
peaceiny retafe possession of fte premises, provided the Lessee shall have the right
io remove improvements as herein provided. ln addition to the provisions
hereinabove, and/or as an alternative or cumulative remedy, Lessor may, at'tts sole
election, pursue any other action, redress, or rernedy now or hereafter available to
Lessor under the laws of the State of Washington, including its Landlord-Tenant
laws.
b, Notwithstanding the foregoing, at any time after Lessee's default, when in accord
with Washington law and with or without notice or demand, and without limiting
Lessor in the exercise of a right or remedy which Lessor may have by reason of
such default or breach, Lessor may take the following actions:
(1) Terminate Lessee's right to possession of the Premises by any lawful means, in
which case Lease shall terminate and Lessee shall immediately surrender
possession of the Premises to Lessor, In such event, Lessor shall be entitlad
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KITTITAS COUNTY
(2)
to recover from Lessee all damages incurred by LeSsor by reason of Lessee's
default, including but not limited to the following:
a. Costs of recovering possession of the Premises;
b. Expenses of reletling, including necessary renovation and alteration of the
Premises;
c. Reasonable attorney's fees;
d, The worth (at the time of award by the court having jurisdiction) of the
amount by which the unpaid Rent (and other charges and adiustrnents) for
the balance of the term after the time of the court's award which exceeds
the amount of such loss for the same period that Lessee proves could be
reasonably avoided; and that portion of any leaslng commission paid by
Lessor and applicable to the unexpired term of this Lease.
e. Unpaid installments of rent or other sums shall bear interest from the date
due at the rate of ten (10%) percent per annum.
ln lhe alternative, Lessor may maintain Lessee's right to possession, in which
case this Lease shall continue in effect whether or not Lessee shall have
abandoned the Premises. ln such event Lessor shall be entitled to enforce all
of Lessor's rights and remedies under this Lease, including the right to recover
the Rent and any other charges and adjustments as may become due
hereunder; or,
Lessor may pursue any other remedy now or hereafter available to Lessor
under the laws or judicial decisions of the State of Washington.
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(3)
DEFAULT BY LESSOR. Lessor shall not be in default unless Lessor fails to perform
obligat'tons requireO of Lessor within a reasonable time, but in no event later than Thirly
(Sgfdays after written notice by Lessee to Lessor specifying wherein Lessor has failed
io ierform such obligation; PROVIDED, however, that if the nature of Lessot's
obiigation is such that more than Thirty (30) days are required for performance, then
Lesior shall not be in default if Lessor commences performance within such Thirty (30)
day period and thereafter diligently prosecutes the same to cornpletion. ln no event
shili Lessee have the right to terminate this Lease as a result of Lessor's default and
Lessee's remedies shall be limited to damages and/or injunction.
SAL_E OF PREMISES BY LESSQR. ln the event of any sale of the Property or
premises teaseO UV t-essor, Lessor shall be and is hereby entirely freed and relieved of
all liabili$ under any and all of its covenants and obligations contained in or derived
from this Lease arising out of any act, occurrence or omission arising after
consummation of such sale, The purchaser at such sale or any subsequent sale of the
property or leased Premises shall be deemed, without any further agreement between
the parties or their successors in interest or between the parties and any such
purchaser, to have assumed and agreed to carry out any and all of the covenants and
obligations of Lessor under this Lease,
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KITTITAS COUNTY
23 WAIVER. No assent, express or implied, by the Lessor to any breach of any of Lessee's
covenants, agreernents, mnditions or terms hereof shall be deemed or taken to be a
waiver of any succeeding breach of any covenant, agreement, condition or term hereof.
The subsequent acceptance of Rent by Lessor shall not be deemed to be a waiver of any
preceding default by Lessee of any term, covenant, mndition or term of this Lease, other
ihan the iailure of L-essee to pay the particular Rent so accepted, regardless of Lessor's
knowtedge of such preceding default at the time of the acceptance of such rent'
24.AND CHOICE OF
Washington and in the event of
this Lease, the venue for such
contrary provision of the Revised
This Lease shall be governed by the laws of the State of
any litigation between Lessor and Lessee arising out of
action shall lie in Kittitas Coun$, notwithstanding any
Gode of Washington.
25. GENERALPROVISIONS,
a. Signs, Lessee may atfix and maintain upon the glass panes and supports of the
shor,rl. windows and upon the exterior walls of the Premises only such signs,
advertising placards, names, insignia, trademarks, and descriptive material as shall
have first received the written approval of Lessor as to type, size, color, location,
copy nature and display qualities.
b, Auctionq. Without the express written prior authorization and consent of Lessor,
t-essee snall not conduct or allow to be conducted any sales by auction in, upon or
from the Premises, whether said auction be voluntary, involuntary, pursuant to any
assignment for the payment of creditors or pursuant to any bankruptcy or other
insolvencY Proceeding'
c. Joint Obtigation. lf there be more than one Lessee, the obligations hereunder
imposed shall be joint and several.
d. Mefg1n_41HeAdtngg. The marginal headings and article titles to the articles of this
Lease are not a part of ttris Lease and shall have no effect upon the construction or
interpretation of any part hereof'
e. Time. Tirne is of the essence of this Lease and each and all of its provisions in
which pedormance is a factor,
f. Successors and Assigns. The covenants and conditions, obligations and
pri\rileges herein coilained, subject to the provisions as to assignment, apply to and
siralt Oe binding upon the heirs, successors, executors, administrators and assigns
of the parties hereto.
g. euiet Possesslqn. Upon payment by Lessee of the Rent reserved hereunder and- upon Lesseeb observation and performance of all the covenants, conditions and
piovisions on Lessee's part to be observed and performed, Lessee shall have quiet
PAGE 1t
KITTITAS COUNTY
possession of the Premises for the entire term hereof, subject to allthe provisions of
this Lease.
h. lnability to Perform. This Lease and the obligations of the Lessee hereunder shall
not ne affected or impaired due to the inability by Lessor to fulfill any of its
obligations hereunder, or by reason of Lessor's delay in doing so, by reason of
strike, labor troubles, acts of God, or any other cause beyond Lessor's reasonable
control,
i. Partial lnvalidity. Any provision of this Lease which shall prove to be invalid, void,
ffi-gal snall in no way affect, impair or invalidate any other provision hereof and
such other provisions shall remain in full force and effect.
j. Gumulative Remedies, No remedy or election hereunder shall be deemed-
eiclusive but shall, wherever possible, be cumulative with all other remedies at law
or in equity.
k. prior Agreements. This Lease contains all of the agreements of the parties hereto
*itn resFeCt to any rnatter covered or mentioned in this Lease, and no prior
agreernents or understandings pertaining to any such matters shall be effective for
any purpose. No provision of this Lease may be amended or added to, except by an
agieement in writing signed by the parties hereto or their respective successors in
lnterest. This Lease shall not be effective or binding on any party untilfully executed
by both parties hereto.
l. Applicability. The covenants, agreements, terms and conditions contained in this
Leasishallapply to and be binding upon Lessor and Lessee and their respective
hei rs, executors, administrators, successor and assigns.
m. lntegration. Exhibits and Recitals are incorporated herein by this reference. This
Leaie 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 parties.
lN WTNESS WHEREOF, Lessor and Lessee have signed their names and affixed their
seals the day and year first above written.
tlllll ll
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KTTTITAS COUNTY, WASHI NGTON
PAGE 12
KIT"NTAS COUNTY
Clerk of the Board
Approved as to form:
Prosecuting Aftomey
LE$SEE:
za>t I
Address: c I I
fiilens
7l/"ru4hpr- 6 l? l)
b'T V4', q$fLh
PAGE 13