HomeMy WebLinkAboutLease AgCOMMERCIAL BUILDING LEASE
THIS LEASE, dated for reference purposes only on
is made and entered into, to commence on the 1st day of
the 4 oruhE-,-,20?2
,20 by and
between KITTITAS COUNTY, a subdivision of the State of Washingto( hereinafter referred to as
the LESSOR, and G.R. Wales lnvestments LLG, a Washington Limited Liability Gompany,
hereinafter referred to as the LESSEE,
WITNESSETH:
Lessor does hereby lease to Lessee, and Lessee hereby leases from Lessor, that
certain real property (parcel numbers 18374,133734, 193734, and 043734) legally described
in EXHIBIT *A'n (legal description) annexed hereto and by this reference incorporated herein
(the "Property"). Said Premises are located in the City of Ellensburg, County of Kittitas, State
of Washington.
This Lease is made in accordance with chapters 2.B1KCQ Ch.36.34 RCW; and Ch.
59.12 RCW, and is subject to the terms, covenants and conditions herein set forth. Lessee
covenants as a material part of the consideration for 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 commence on the 1't day
of lenUAlL , 2023 and terminate on the last day of January 2028, except as provided
hereunder.
USE.
a. Lessee, during the term of this Lease, shall use the Premises for a bowling alley,
restaurant, bar and entertainment facility. The Premises includes three (3) tax
parcels; 133734,183734 and 043734. The Lessor shall have the right to use the
parking areas on Parcels 133734 and 043734 (hereinafter the "Parking Lots") during
the term of this lease. Lessor shall not be required to compensate Lessee for the
use of the Parking Lots. This right of use of the Parking Lots will last for the entire
term of the lease and, assuming Lessor exercises the option to purchase set forth
below in section 4, for an additional two (2) years after the termination of this lease.
After the end of the seven (7) years of free use Lessor shall have the first option to
lease the Parking Lots by paying market rent for the lease of the Parking Lots. Any
such lease of the parking lots shall be reduced to writing and shall be for a term not
to exceed 15 years.. The Lessor shall have the right to use the meeting rooms within
the building on Parcel Number 183734 for up to 24 days per year of the lease term.
This right of use of the Meeting Rooms will last for the entire term of the lease and,
assuming Lessor exercises the option to purchase set forth below in section 4, for an
additional two (2) years after the termination of this lease. After the end of the seven
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KITTITAS COUNTY
(7) years of free use Lessor shall have the first option to lease the meeting rooms
on a periodic basis by paying market rent for the lease of the meeting rooms.
3. RENT:
a. Lessee agrees to pay Lessor as Rent, without notice or demand, the annual sum as
described herein in advance, on or before the first day of each and every successive
calendar year during the term hereof, except that the first and last month's rent shall be
paid upon the execution of this Lease. Rent shall be $.20 per square foot for 21,000
square feet, equaling $4,200 per year.
b. Lessee's rent, as set forth in the preceding paragraph, is also subject to a Leasehold
Tax pursuant to lhe Leasehold Tax provisions of the State of Washington set forth in
chapter 82.29A RCW, and so the Lessee shall also be responsible for paying the tax of
12.84 percent of the rent amount in addition to the rental amount described in the
previous paragraph.
c. Said total rent, including the leasehold excise tax amount, 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 Sth, Room 105
Ellensburg, Washington 98926
Or at such other place as Lessor may from time to time designate in writing.
d. Lessor shall receive rent 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 Premises.
4. FIRST RIGHT TO PURCHASE,As a material part of the consideration for the entry
into this Lease, Lessor grants to Lessee the exclusive option to purchase Building
subject to the following terms and conditions:
4.1 Exercise of Option. Lessee may not exercise its option to purchase the
Premises until the fourth year of the Lease Term. Thereafter, Lessee may exercise its
option at any time during the remaining term of this lease subject to the requirements of
this paragraph 4. Lessee must give Lessor notice of Lessee's intent to exercise its
option to purchase in writing.
4.2 Purchase Price. The option purchase price shall be Eight Hundred Sixty
Thousand Dollars ($860,000.00).
4.3 Payment of Purchase Price. In the event Lessee exercises its option to
purchase as provided for above Lessee shall pay the option price in cash at closing.
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KITTITAS CO["INTY
4.4 Glosing. Closing will occur not less than the end of the term of this lease. During
the period between Lessee's exercise of its option to purchase and closing this Lease
shall remain in full force and effect. At closing, Lessor agrees to furnish Lessee with a
policy of title insurance and pay real estate excise tax, if any. Lessor and Lessee shall
each be under an obligation to share in one half of the normal and customary closing
costs. ln the event Lessee exercises its option to purchase, Lessee purchases the
building 'AS lS'and without warranty of any kind from Lessor.
5. LATE CHARGES. Lessee here by 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
installment of Rent or any sum due from Lessee shall not be received by Lessor or
Lessor's designee within ten (10) days after said amount is due, then Lessee shall pay
to Lessor a late charge equal to ten (10%) percent of such overdue amount.
Acceptance 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 payfor all water, sewer service, electrical service, gas service
telephone service, internet service, garbage and trash removal and all other services 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.
USES PROHIBITED. Lessee shall not do or permit 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 fire or other insurance upon the Premise or the contents
of any building thereon, or which would cause a cancellation of any insurance policy
covering any part 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 other tenants or occupants of the Property or injure or annoy such
other tenants or occupants, nor shall Lessee use or allow the Premises to be used for
any improper, immoral, unlawful or objectionable purpose, nor shall Lessee cause,
maintain or permit any nuisance in, on or about the Premises. Lessee shall not commit
or allow to be committed any waste in or upon the Premises.
THIS SECTION INTENTIONALLY LEFT BLANK
MAINTENANCE. REPAIRS AND ALTERATION OF PREMISES.
a. Lessee's Obliqations. Lessee shall, during the term of this Lease, keep the
Premises in good order, condition and repair. Lessee shall keep the Premises free
of all debris, weeds and brush for the term of this Lease. Lessee shall reimburse
b
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8.
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KITTITAS COt,'NTY
Kittitas County 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. 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.
b. Lessee Not to Commit Waste. 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 allthe 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.
Surrender. Upon the Termination Date or earlier termination of this Lease and in
the event of the acquisition of the lmprovements by Lessor, Lessee, at Lessee's sole
cost, shall (i) promptly and peaceably surrender to Lessor the Premises and
lmprovements clean and free of debris and in good order and condition; (ii) repair in
a good and workmanlike manner any damage to the Premises or the Airport by the
removal of Lessee's personal property; (iii) deliver to Lessor all keys and other items
integral for access and operation of the lmprovements; and (iv) remove all movable
personal property and trade fixtures and signage that are not owned by Lessor;
provided that Lessee must obtain Lessor's prior written consent to remove any such
property if Lessee is in default under this Lease or if such removal may impair the
structure of any building. Upon the Termination Date or earlier termination of this
Lease, including, but not limited to, termination for abandonment of the Premises, all
property that Lessee leaves on the Premises shall conclusively be deemed to have
been abandoned and may be appropriated, sold, stored, destroyed, or othenruise
disposed of by Lessor without notice. and without any obligation to account, to
Lessee or any other person, provided that the disposition of lmprovements shall be
as provided in herein. Lessee shall pay to Lessor all expenses incurred in
connection with the disposition of such property in excess of any amount received by
Lessor from such disposition.
d. Lessor's Rights. lf Lessee fails to perform Lessee's obligations under this Article 9,
Lessor 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 (12Yo) percent per annum shall become due and payable as additional rental
to Lessor together with Lessee's next rental installment.
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KITTITAS COUNTY
e. Alterations and Additions.
(1) During the term of the Lease, Lessee is to proceed diligently with the
improvements and business plan outlined in Lessee's Request For Proposals
which is attached hereto and incorporated herein by this reference; provided ,
however the timeline in that proposal is hereby modified to provide for a grand
opening of the facility within 18 months of January 1,2023
(2) Lessee, at Lessee's sole cost and expense, shall pay any and all costs
necessary to construct any facilities to be used on the Premises by Lessee.
(3) Before commencing any work relating to alterations, additions and
improvements affecting the Premises or Common Areas, Lessee shall notify
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 notices as Lessor reasonably deems necessary to protect
the Premises and Lessor from mechanic's liens, materialmen's liens or any
other liens. In 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
furnished 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) 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 surrendered with the Premises at
the expiration of the Lease term unless the purchase option provided for in
paragraph 4 is exercised.
10. DAMAGE AND DESTRUCTION.
a. ln the event that currently existing improvements on the Premises are damaged by
over 50% or destroyed, by any cause whatsoever, whether or not such damage or
destruction is covered by any insurance, this Lease shallterminate.
b. All property and improvements placed upon or made to the Premises shall be at
Lessee's sole risk. Any property remaining on or about the Premises after Lessee's
vacation thereof may be disposed of by Lessor as Lessor determines.
LIENS. Lessee shall keep the Premises, Common Areas, Property, and the building(s)
in which the Premises are situated, free from any liens arising out of any work
11.
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KIfiITAS COUNry
performed, materials furnished, or obligation incurred by Lessee. Lessor may require,
at Lessor's sole option, that Lessee shall provide to Lessor, at Lessee's sole cost and
expense, a lien and completion bond in an amount equalto one and one-half (1-112)
times the estimated cost of any improvements, additions, or alterations in the Premises
which Lessee desires to make, to insure Lessor against any liability for mechanic's and
materialmen's liens and to insure completion of the work.
12.ASSIGNMENT AND SUBLETTING.
a. By Lessee. Lessee shall neither voluntarily nor by operation of law, assign,
transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest
therein, and shall not sublet said Premises or any part thereof, or any right or
privilege appurtenant thereto, or allow any other person (the officers, employees,
agents, servants, and invitees of Lessee excepted) to 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. Bv Lessor. Lessor reserves the right to assign this Lease and/or all rights of Lessor
for any purpose to any third party whereupon Lessee shall then and thereafter
render all performance 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 agreqment
a comprehensive liability insurance policy, which provides protection for bodily injury
(including death) and property damage. Said insurance shall provide coverage by the
Lessee to any officers, agents, employees, invitees or permiftees of the Lessee, and shall
name the Lessor as co-insured. Lessee shall provide the Lessor with a copy of said
insurance policy.
a. The Lessee's liability insurance policy shall at a minimum have the following provisions:
(1) Premises and leased area liability 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.
13,
(2)Provision for not less than thirty (30) days advance written notice to Kittitas County
regarding any material change or termination of the policy. lf Lessee shall fail to
maintain said insurance, Lessor may, but shall not be required to, procure and
maintain the same, but at the expense of Lessee.
b. The limit of any such insurance shall not, however, limit the liability of Lessee
hereunder.
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KITTITAS COUNTY
c. Proof of insurance shall be in a form acceptable to and approved by the County as
Lessor. A certificate of insurance naminq the Countv, its elected officers and
employees as additional insureds. and naming the Gounty as a certificate
holder shall accompany this Lease for signature.
d. No contract shall form until and unless a copv of the certificate of insurance.
in the amount required. is attached hereto.
e. Lessee hereby releases Lessor of and from every and all right, claim and demand that
Lessee may hereafter 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 rights of subrogation in favor of insurance carriers against Lessor arising out
of such losses sustained by Lessee in or to the said Premises and leased area.
14. HOLD HARMLESS.
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 allclaims or
demands whatsoever arising out of any loss, damage, or injury to persons or property
resulting from the Lessee's use or occupancy of the Premises, Leased Area and
Common Areas. lt is further expressly provided that no liability shall attach to the
County by reason of entering into this Lease, except as expressly provided herein.
b. This hold harmless and indemnification provision shall extend to any and all claims
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 about the Premises. This hold harmless and
indemnification provision shall further apply to any and all claims arising from any
breach or default or performance of any obligation on Lessee's part to be performed
under the provisions of this Lease arising from any negligence by Lessee or any of
its officers, agents, contractors, employees or invitees, and from any and all costs,
attorney's fees, 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 all claims in respect
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 damage to the goods, wares, merchandise or
other property 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
employees, agents, customers or other invitees, whether such damage or injury is
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KITTITAS COUNTY
caused by or results 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 injury
results 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 injury 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.
t. Concurrent Negligence: Notwithstanding the provisions above, in the event of the
concurrent negligence of the Lessee and Lessee's Associates on the one hand and
that of Lessor and Lessor's Associates on the other hand, which @ncurrent negligence
results in injury or damage to persons or property and relates to the use, occupation,
construction, alteration, repair, addition to, subtraction from, improvement to or
maintenance of the Premises, then: Lessee's obligation to indemnify Lessor as set
forth herein shall be limited to the extent of Lessee's negligence, and that of Lessee's
Associates, including Lessee's proportional share of costs, attomeys'fees, and
expenses incurred in connection with any claim, action or proceeding brought with
respect to such injury or damage; and Lessor's obligation to indemnify Lessee as set
forth herein shall be limited to the extent of Lessor's negligence, and that of Lessor's
Associates, including Lessor's proportional share of costs, attorneys'fees, and
expenses incurred in connection with any claim, action or proceeding brought with
respect to such injury or damage.
THE LESSOR AND LESSEE SPECIFICALLY AGREE THAT THE PROVISIONS OF
THIS SECTION 8 ALSO APPLY TO ANY CLAIM OF INJURY OR DAMAGE TO THE
PERSONS OR PROPERry OF THE LESSOR AND LESSEE'S RESPECTIVE
EMPLOYEES, AND LESSOR AND LESSEE, AND EACH OF THEM, SEPARATELY
ACKNOII/LEDGES AND AGREES THAT, AS TO SUCH CLAIMS, EACH AS TO THE
OTHER DOES HEREBY WAIVE ANY RIGHT OF IMMUNITY WHICH THEY MAY HAVE
UNDER INDUSTRIAL INSUMNCE (TITLE 51 RCW AS AMENDED AND UNDER ANY
SUBSTITUTE OR REPLACEMENT STATUTE). THIS WAIVER AND AGREEMENT WAS
SPECIFICALLY NEGOTIATED BY LESSOR AND LESSEE AND IS SOLELY FOR THE
BENEFIT OF LESSOR AND LESSEE AND THEIR SUCCESSORS AND ASSIGNS AND
IS NOT INTENDED AS A WAIVER OF EITHER'S RIGHTS OF IMMUNITY UNDER SAID
INDUSTRIAL INSURANCE FOR ANY OTHER PURPOSE.
15.NON-DISCRIMINATION: To the extent required by law, Lessee, for itsell its personal
representative, successors in interest and assigns, as a part of the consideration hereof,
does hereby covenant and agree as follows:
a. No person, on the grounds of race, color, religion, sex, age, marital status, handicap or
national origin, shall be unreasonably excluded from participation in, denied the
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KITTITAS COUNTY
benefits of, or be otherwise subjected to discrimination in Lessee's personnel policies
and practices or in the use or operation of Lessee's services or facilities.
b. Lessee agrees that in the construction of any improvements on, over or under the
premises and the furnishing of services thereon, no person, on the grounds of race,
color, religion, sex, maritalstatus, handicap, age or national origin, shall be
unreasonably excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination.
c. Lessee hereby assures that no person shall be excluded from participation in, denied
the benefits of or othenryise discriminated against in epnnection with the award and
performance of any contract, including leases and agreements, covered by 49 CFR
Part 23 on the grounds of race, color, national origin or sex.
16. NOTICES. Any notice or demand given by one party to the other in connection with this
agreement shall be in writing and shall be sent postage prepaid by United States certified
or registered mail, return receipt requested, to the addresses hereinbelow stated, orto such
other place as may from time to time be otherwise designated, as follows:
(a) lf to Lessor, addressed to:
Kittitas County Auditor
205 West Sth, Room 105
Ellensburg, Washington 98926
(b)lf to Lessee, addressed to:
C.R. Wales lnvestments LLC
c/o Ryan Wales
PO Box 1681
Ellensburg WA 98926
Upon a change of address, the party whose address has changed shall notify the other party
in writing within Ten (10) days of the date the change is to become effective. Notice shall
be deemed to have been received on the date of receipt as shown on the return receipt.
Notice need be sent to but one Lessee where the Lessee is more than one person.
17.ATTORNEY FEES. ln case Lessor shall bring suit to recover any Rent or other charges
due hereunder, or for 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, declaratory
or othenryise, arising out of this Lease, the prevailing party shall recover reasonable attorney
fees which shall be 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 of the term herein with the express written consent of Lessor, such
occupancy shall become a tenancy from month to month at a rental in the amount of the
last monthly Rent, plus all other charges payable hereunder, and upon all other terms
18.
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KITTITAS COUNTY
hereof applicable to a month to month tenancy, until such time as the parties may enter
into another Lease agreement under such agreement's stated terms and conditions.
19. ENTRY BY LESSOR. Lessor reserves and shall at any and all reasonable times have
the right to enter the Premises to inspect the same and to submit the Premises to
prospective purchasers or tenants and post notices of non-responsibility and for any other
purpose that Lessor, in its sole discretion, deems necessary; PROVIDED, however, that
the 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 Lessor 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, without liability 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 otheruvise,
shall 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 occuffence of any one or more of the following events shall
constitute a default and breach of this Lease by Lessee.
20.
a. Lessee's abandonment of the Premises.
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 default 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 commences
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 the filing by or against Lessee of a petition to have Lessee adjudged
a bankrupt, or the filing of a petition for reorganization or arrangement under any law
relating to bankruptcy, unless, in the case of a petition filed against Lessee, the
same is dismissed within Sixty (60) days.
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KITTITAS COUNTY
e The appointment of a trustee or a receiver to take possession of substantially all of
Lessee's assets located at the Premises or of Lessee's interest in this Lease, where
possession is not restored to Lessee within Thirty (30) days.
f . 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.
21. LESSOR'S REMEDIES IN DEFAULT.
a. ln the event that 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, Lessee shall be in default or breach of this agreement. At any time
thereafter, Lessor may terminate this Lease by giving Thirty (30) days written notice of
the conditions or terms being violated. lf 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. ln 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.
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 entitled
to recover from Lessee all damages incurred by Lessor by reason of Lessee's
default, including but not Iimited to the following:
a. Costs of recovering possession of the Premises;
b. Expenses of reletting, 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 adjustments) for
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KITTITAS COUNTY
22.
23
24
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 leasing 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 (1OTo) percent per annum.
(2) In the 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,
(3) Lessor may pursue any other remedy now or hereafter available to Lessor
under the laws or judicial decisions of the State of Washington.
DEFAULT BY LESSOR. Lessor shall not be in default unless Lessor fails to perform
obligations required of Lessor within a reasonable time, but in no event later than Thirty
(30) days after written notice by Lessee to Lessor specifying wherein Lessor has failed
to perform such obligation; PROVIDED, however, that if the nature of Lessor's
obligation is such that more than Thirty (30) days are required for performance, then
Lessor shall not be in default if Lessor commences performance within such Thirty (30)
day period and thereafter diligently prosecutes the same to completion. ln no event
shall 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.
SALE OF PREMISES BY LESSOR. ln the event of any sale of the Property or
Premises leased by Lessor, Lessor shall be and is hereby entirely freed and relieved of
all liability 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.
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.
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, condition or term of this Lease, other
than the failure of Lessee to pay the particular Rent so accepted, regardless of Lessor's
knowledge of such preceding default at the time of the acceptance of such rent.
PAGE 12
KITTITAS COUNTY
25. VENUE AND CHOICE OF LAW. This Lease shall be governed by the laws of the State of
Washington and in the event of any litigation between Lessor and Lessee arising out of this
Lease, the venue for such action shall lie in Kittitas County, notwithstanding any contrary
provision of the Revised Code of Washington.
26.GENERAL PROVISIONS.
a. Signs. Lessee may affix and maintain upon the glass panes and supports of the show
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. Auctions. Without the express written prior authorization and consent of Lessor,
Lessee shall 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 Obliqation. lf there be more than one Lessee, the obligations hereunder
imposed shall be joint and several.
d. Marqinal Headinqs. The marginal headings and article titles to the articles of this
Lease are not a part of this Lease and shall have no effect upon the construction or
interpretation of any part hereof.
e. Time. Time is of the essence of this Lease and each and all of its provisions in which
performance is a factor.
f. Successors and Assigns. The covenants and conditions, obligations and privileges
herein contained, subject to the provisions as to assignment, apply to and shall be
binding upon the heirs, successors, executors, administrators and assigns of the
parties hereto.
g. Quiet Possession, Upon payment by Lessee of the Rent reserved hereunder and
upon Lessee's observation and performance of all the covenants, conditions and
provisions on Lessee's part to be observed and performed, Lessee shall have quiet
possession of the Premises for the entire term hereof, subject to all the provisions of
this Lease.
h. lnabilitv to Perform. This Lease and the obligations of the Lessee hereunder shall
not be 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.
PAGE 13
KITTITAS COUNry
i. Partial Invaliditv. Any provision of this Lease which shall prove to be invalid, void, or
illegal shall in no way affect, impair or invalidate any other provision hereof and such
other provisions shall remain in full force and effect.
i. Gumulative Remedies. No remedy or election hereunder shall be deemed exclusive
but shall, wherever possible, be cumulative with all other remedies at law or in equity.
k. Prior This Lease contains all of the agreements of the parties hereto
with respect to any matter covered or mentioned in this Lease, and no prior
agreements 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
agreement in writing signed by the parties hereto or their respective successors in
interest. This Lease shall not be effective or binding on any party untilfully executed
by both parties hereto.
l. Applicabilitv. The covenants, agreements, terms 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.
m. lnteqration. 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 parties.
lN WTNESS WHEREOF, Lessor and Lessee have signed their names and affixed their
seals the day and year first above written.
LESSOR:
BOARD OF COMMISSIONERS
K
Chair
rd
Approved as to form:
Prosecuting Attomey
PAGE 14
K|TT|TAS CO|,.'NTY
LESSEE
c.R.
By:Wales
o,\e S
Its ager
Address: c/o Ryan Wales
PO Box 1681
Ellensburg WA 98926
LLC
srATE OF WASHTNGTON )
couNTY oF KTTTTTAS )
) ss:
On
me
ofis zohercre me personally appeared to
own to be the duly elected, qualified
and g Commissioners of Kittitas County, Washington, who executed the within and
foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed
of said County, for the uses and purposes therein mentioned, and he on oath stated that he was
authorized to execute said instrument by resolution of the Board of County Commissioners of said
county, and that the seal affixed is the official seal of said County.
Given under my hand and official seal the day gnd year last above written.
in and for ngton
Residing at
tle Ct0 My Appointrflent Expires
ilt
ilt
ilt
ilt
a
lil
ilt
ilt
ilt
PAGE 15
KITTITAS COUNTY
STATE OF WASHTNGTON )
couNTY oF KTTTTTAS )
) ss:
On this aSth day of T)p6on"rtr-er 2}Abefore me personally appeared to
me Ryan Wales, known to be the qualified and acting Manager of G.R. Wales lnvestments LLC,
who executed the within and foregoing instrument and acknowledged said instrument to be the free
and voluntary act and deed of said company, for the uses and purposes therein mentioned, and he
on oath stated that he was authorized to execute said instrument.
Given under my hand and official sealthe day and year last above written.
[?*u- ///w//a
Nota{.FuOtic in inO for thHstate of Washington
Residing at
My Appointment tlu S taf,Uq)
REGAN TORRIS
l{otary Public
Strte of Washinlton
Commisslon f 20105910
lly Comm. Explrer Jul 8, 2024
PAGE 16
I.
Kittitas County proposal
For Development/Rehabilitation of the Bowling {Rodeo Bowt}
located on Kittitas county parcel Numberc: tg3t4,L3g73F.rtg}tyl&cl13zl4
August 3'd,2A22
Project Contact lnformation:
Ryan Wales
PO Box 1681 Ellensburg, WA 98926
{s09} 306-3232
wales.ryan@gmail.com
To Whom lt May Concern:
I would like to start off by saying thank you for the opportunity to work with Kittitas
County on this great and necessary project. I believe that we can provide a great place
for the community while following the guidelines of the Kittitas Valley Event Center
master plan.
Propose/s Objective:
Our goal with the bowling alley is to turn it into a thriving bowling alley that supports
our community- We will provide much needed fun and safe entertainment for friends
and family allyear round. In addition, we will provide meeting and gathering places for
the county as well.
Propose/s Organization, Team & Similar properties:
The structure of the business that will be carrying out this project will be an LLC owned
and managed by Ryan Wales. lcurrently own and operate Ellensburg Solar LLC which is
Washington state's largest solar installation contractor with offices in Ellensburg and
Liberty [ake' My wife and lalso own approximately 150 rental units in the Ellensburg
area and a few commercial properties in Spokane county that we operated with a small
group of employees. My wife and t also have about 15 years of combined hospitality and
resta urant management experience.
Development Proposal
our plans to redevelop Rodeo Bowl wilr be broken down into three steps:
1) lnterior- a complete remodel of the inside. This includes will include new bowling
lane equipment, flooring, business equipmen! lighting plumbing, electrical, etc.
The final product will be a bowling alley with a full restaurant, two meeting
rooms, and arcade area.
2) Building exterior- The exterior of the building will be redone with a new parapet
wallto increase curb appealfrom University Way. A wainscotting will be added to
the bottom three feet of the building and the rest of the cinderblock walls will be
covered with stucco
3) Parking lots & landscaping- The existing parking tots will be either overlayed with
new asphalt or seal coated depending on the contracto/s recommendation.
Parking lot lights will be added for security and appeal. Existing landscaping will
be cleaned up and/or replaced with new.
These improvements will be entirely funded from personal funds and existing lines of
credit. This project will not be subject to loan approvals or grants.
Financial Proposal
Our proposal to Kittitas County for taking over this property is:
o Five-year lease to own option
r Lease rate of.20 cents per square foot
r Purchase price for all three properties at the end of five years for $SS0,OOO
Timeline
As we own a general contracting business we willoversee our own schedule, and we do
not have to wait on funding. Our proposed schedule is:
o september 2o22: close lease transaction with Kittitas countyo FalUEarly winter 2O22: Permitting remodel demolition, material ordering and
redesign of interior
o Winter/early spring 20ZZ/2O23: lnterior remodeling. Spring/early summ er 2O23: parking lot and landscaping worko Late summer 2023: Grand opening
KVEC Use Agreement
We will provide KVEC the parking lots on parcels 139734 and 043734 for Rodeo week at
no cost for the first seven year. After the first seven years I(VEC will be offered to lease
those parking lots at a reasonable market-based tease rate. Additionally for the first
seven years KVEC or Kittitas County will be offered meeting rooms free of charge up to
24 times per year.
One of our main goals with this project is to give back to the community that takes care
of our family. We feel that taking this vacant bowling alley and getting it back to life will
give families, individuals and CWU students a ptace to enjoy and play. This will benefit
both Kittitas County and the City of Ellensburg with tax revenues, increased event space,
a more appealing building on a main arterialroad, and creating more jobs.
Again, I thank you for this opportunity and if you should have any questions at all please
feel free to contact me at the above contact information.
Sincerely,
Ryan Wales
0*
a8/L912A22
Ryan Wales
PO Box 1581
Ellensburg, WA 98926
(soe) 306-3232
wales.ryan@gmail.com
Rodeo BowlRehabilitation Follow Up Questions
Thank you for your time in reviewing our proposal. Below are the answers to the follow-up
questions that were requested:
1) Ryan Wales will be in charge of and responsible for all renovations and construction.
We will use our general contractors license to hire subcontractors and use our
existing crew as appropriate. We have completed projects in this manner numerous
times for building out commercialand residential rental spaces.
As for startup of the actual bowling alley and restaurant business, we will be hands
on for startup and then a general manager with two assistant managers will be put
into place to successfully run and operate the business.
2) The total budget for this rehabilitation project will be 52,085,000.00. This breaks
down into the following categories:
a. lnterior of building: lncludes complete remodel of the inside. This includes
new bowling lane equipment, flooring, business equiprnent, lighting
plumbing electrical, etc. Total budget for this is S1,575,000.
b. Building exterior: The exterior of the building will be redone with a new
parapet wall to lncrease curb appealfrom University Way. A wainscotting will
be added to the bottom three feet of the building and the rest of the
cinderblock walls will be covered with stucco. Total budget for this is
5285,000
c. Parking lot: The existing parking lots will be either overlayed with new asphalt
or seal coated depending on the contractor/s recommendation. Parking lot
lights will be added for security and appeal. Parking lots will also be equipped
with EV charging for electric vehicles. Total budget for this is 5150,000.
d. Landscaping: Existing landscaping will be cleaned up and replaced with new.
Total budget for this is 575,000.
3) Financing: The construction improvements will be financedlguaranteed with cash
funding and a line of credit through Cashmere Valley Bank. Approximately
S1,000,000 will be funded through existing cash funds. The remaining funds can be
guaranteed through the line of credit at Cashmere Valley bank but most likely will
funded through cash by the time those funds are necessary. We will provide bank
statements and line of credit details upon request.
4) The annual marketing, operations, and other management costs of Rodeo Bowl will
depend on the total revenue that is generated. Assuming an annual revenue of 52
million to start, the operating costs should be approximately 5600,000-5800,000.
This cost would be covered by the revenue that is brought in by the business.
a. More detailed operating projections will be made upon approval of our
proposal and the county is welcome to review these.
b. The business should cover these operating costs but if there was a deficit this
would be covered by personalfunds from other businesses that we own.
Personal and business tax returns provided to the county would provide this
assurance and are available upon request provided it stays confidential.
5) After the 5-year period and exercising a lease to purchase agreement:
a. The long-range plan for the building is for it to operate as a bowling alley and
restaurant as in the original proposal. There should not be any reason that
the originalproposal becomes unfeasible but if there was, we would work
with the county to find a solution in both parties' best interests.
b. Our original proposal conforms to the Event Center Master Plan and if
anything were to change, we would expect to work with the county to insure
it still conforms to the master plan.
c. A deed restriction or something similar to guarantee it continues to conform
with the Master Plan is acceptable. The only idea on that would be to possibly
but an expiration date on the restriction 20-30 years out in case something
out of our control changes the market or neighborhood. I am sure we can
make this work and agreeable for both the county and us.
6) This was not a question but a possible concern that we heard may arise. The concern
was that we would create competition with the county for event/meeting space at
the fairgrounds. This is not our intent, and we would like to help were needed and
benefit everyone involved. lf a noncompete agreement would ease any fears of
these we would be happy to entertain the idea.
Thank you again for the opportunity and if you have any questions at all please feel free to
reach out to me and we will get them answered right away.
Sincerely,
Ryan Wales
Kittitas County
Request for Proposals (RFP)
Development of the Bowling Alley/Festival Hall Structure
and Properties located on the Kittitas Valley Event Center in
Ellensburg, Washington
Proposals due August 3, by 5 pm PST care of:
Patti Stacey, Director
Kittitas County Solid Waste & Facilities Maintenance
c/o County Commissioners' Office
205 West Fifth Street, Suite 108
Ellensburg, WA 98926
patti. stacey@co.kittitas.wa. us
K
.r-'t
i (KVEC)
Central Washington Univdsity
Kittibs County FairgDund
O.A O.5 1 Mil€s
Request for Proposals (RFP)
Kittitas County Bowling Alley/Festival Hall Development
Kittitas County issues this Request for
Proposals (RFP) for a lease, lease with option
to buy, or purchase for remodeling or
redeveloping the Bowling Alley (Rodeo Bowl)
structure and properties to be a multi-use
facility in accordance with the Kittitas Valley
Event Center (KVEC) Master Plan.
Potential
Kittitas County purchased the Bowling Alley
in 2015 as it was within the "footprint" of the
possible expansion of the KVEC Fairgrounds
property. The adopted 2016 KVEC Master Plan
describes the structure as a future Festival
Hall, intended to provide meeting/conference
room space that can be used for a wide
variety of events during the Fair and also
during the rest of the year, with related
supporting amenities including a kitchen to
allow use as a banquet and party hall, and
any other reasonably compatible uses.
The Bowling Alley properties straddle the
boundaries of the KVEC (Kittitas County Fair
and Ellensburg Rodeo) and Central
Washington University (CWU), both of which
offer significant potentials.
Kittitas Vallev Event Center (KVEC)
From the first organized Kittitas County Fair
in 1885 to the modern 5-day event held each
Labor Day weekend, the Fair has always been
about agriculture. Each year, as in 1923, the
KVEC hosts agricultural exhibits and
competitions, a 4-day rodeo, and a gathering
of Yakama Indians on the grounds.
The Ellensburg Rodeo opens every Labor Day
weekend along with the Kittitas County Fair.
The Ellensburg Rodeo has grown from a local
competition among ranch hands to the
professional event of today with over 500
contestants and prize money in excess of
$250,000. Within the Pacific Northwest the
Ellensburg Rodeo is second in size only to the
Calgary Stampede in Calgary, Alberta, and is
considered to be one of America's top 25
rodeos.
KVEC facilities are used year-round for a
variety of other activities including
equestrian competitions, arts and crafts
shows, parties and banquets, lectures and
presentations, and commercial promotions.
Major transportation corridors including I-90,
US-2, and US-12 to the west and east, and I-
82, l-182, and US-97 to the north and south,
defines KVEC's market influence area.
I-90 is the primary market corridor since a
survey of attendees indicated 27% came from
western Washington and 4% from eastern
Washington. Central Washington's 64% share
of attendees, by comparison, came from
Yakima, Kittitas, and Chelan Counties as well
as an extended draw from Grant, Douglas,
and Benton. The remaining5% came from
Canada, California, Oregon, Idaho, and other
areas.
Fair and Rodeo attendance in 2019 was an
estimated 63,000 persons ranking KVEC 12th
in attendance statewide.
The population of the 9 counties in KVEC's
primary market area will increase from
4,380,684 persons in 2015 to 5,362,956
persons by 2O4O or by 982,27 2 persons or
22%.
KVEC can expect to increase its annual Fair
and Rodeo attendance by similar percentages
over the forecast period if it's activities and
programs remain attractive to event-goers,
competitive with other Washington fairs and
rodeos, and it's facilities increase capacity,
functionality, and amenities in accordance
with the adopted 2016 KVEC Master Plan.
Central washinston University (CwU)
CWU's 2OI9-2O2O enrollment was 14,918 full
and part-time students including 900 post-
graduate degree students.
Kittitas County Bowling Alley RFP 1
CWU academics include more than 135
majors in nationally and/or regionally
distinguished programs in music,
geology, paramedicine, physics, and
education with regionally and nationally
recognized faculty for collegiate teaching in
mathematics, physics, geology, music, and
chemistry.
CWU's 5 top majors and awarded degrees
include Elementary Education and Teaching,
General Psychology, Criminal Justice/Safety
Studies, Business Administration, and Social
Sciences.
Approximately 93% of all CWU students are
from Washington State including I,224 from
Kittitas County and 893 from Yakima County
as well as 1,960 from King County, 1,217
from Pierce County, and 722 from Snohomish
County.
Student activities include more than 125
clubs, organizations, and associations, and 13
varsity athletic teams including 6 men's
varsity sports, and 7 women's varsity sports
in nationally ranked football, basketball, and
rugby teams that compete in the Great
Northwest Athletic Conference (GNAC).
More than 3O% of CWU students participate in
intramural sports including 500 students in
23 sports clubs.
CWU housing includes 2,800 on-campus
residents living in 17 residence halls, 5
apartment complexes, and 14 Living Learning
and Theme communities.
Bowlins Alley,/Festival Hall - the adopted
2016 KVEC Master Plan acquires property,
reworks existing fair and rodeo structures,
expands on-site parking and pedestrian
amenities, develops new facilities including
an indoor arena, exposition hall, and RV park.
Subject to results of this RFP, the adopted
Master Plan proposed to retrofit the Bowling
AIIey's commercial kitchen, lounge, meeting
room, and bowling alleys to provide a large
meeting, presentation, banquet, and party
hall for use year-round and during the KVEC
Fair and Rodeo.
The concept envisioned something along the
Iines of a western heritage themed 'Planet
Hollywood' that markets local residents,
college students and their families, and
tourists year-round as well as participants
and attendees during the annual Fair and
Rodeo.
Properties
The Bowling Alley offering includes 3
separate properties that Kittitas County
purchased in March of 2015 for $550,000
Bowlinq Alley Tax Parcel ID 183734 &
L93734 - are located at 830 North Poplar
Street in Shoudy's Second Addition, Lots 1-3,
Block 67 that is 150 feet wide by 140 feet
deep or 21,000 square feet or 0.48 acres. The
property is bound on the west by North
Poplar Street, on the north by East 9th
Avenue, on the east by a residential property,
and the south by an alley.
The 15,221 square foot concrete block
masonry bearing wall structure was built in
1958 to house a bowling alley with a
commercial kitchen, sales store, office, and
party room. The building is 1-story, 10 feet
tall Class C construction in fair to average
condition.
The County repaired the roof in 2016 and
otherwise secured the structure. All original
equipment, including the bowling alleys, pin
sorting equipment, kitchen equipment, and
furniture, remains in the building. The
building was partially remodeled (925 square
feet) in April of 2008 for $82,011.
The building is accessed from North Poplar
Street and East gth Street with 13 on-street
90-degree parking stalls provided along North
Popular Street and 10 stalls on East 9th
Avenue frontage, and 1 1 stalls of 30-degree
off street one-way angled parking lot along
the east side of the building or 44 stalls in
total.
2 Kittitas County Bowling Alley RFP
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llowllng lanes reusable for
activYies O[f rtrcet parkinS
Existing Bowling Alley Floorplan
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Kittitas County Borvling z\iley ttFP
Existing interior conditions
4 Kittitas County Bowling Alley RFP
The property is zoned Highway Commercial
(c-H) thar is intended to accommodate
diversified commercial establishments
including a broad range of commercial uses
that serve the community with retail,
personal and general services, and office uses
but excluding super scale retail over 60,000
square feet of floor area.
Permitted uses include restaurants, bars, and
brewpubs, coffee houses, and espresso bars,
hotels and motels, and conference centers.
The zone includes standards and guidelines
to enhance appearance and functional
compatibility with surrounding uses.
The C-H zone has no minimum lot area,
frontage, or base density standards but a
maximum height of 35 feet. The minimum
setbacks are 10 feet for the front yard, none
for rear yard, and none feet for side yard.
Offices must provide 1.0 off-street stall per
300 square feet, restaurants and bars 1.0 off-
street stall per 200 square feet of gross floor
area (GFA), hotels and motels 1.0 off-street
stall per guest room, and conference facilities
0.25 off-street stall per person of maximum
occupancy established by the fire marshal.
Off-street Parkine Lot Tax Parcel O43734 -
is located on North Poplar Street in Shoudy's
Second Addition, Lot 16, BIock 67 that is 50
feet wide by 140 feet deep or 7,000 square
feet or 0.16 acres. The property is south and
across the alley from the Bowling Alley bound
on the west by North Poplar Street, on the
north by the alley, on the east by a residential
single family property, and on the south by
East 8th Avenue.
The property has been improved with 34
parking stalls (17 stalls on each side) of 90-
degree alignment on an asphalt surface
accessed from East 8th Avenue and the alley
The property, and the remainder of the
blocks between East 8th and 9th from North
Poplar to North Maple Street, is zoned
Residential Office by the City of Ellensburg
(R-O) that is intended to serve as a transition
zone separating more intensive uses from
single-family residential districts by allowing
a variety of housing types including detached
single-family dwellings, cottage housing,
townhouses, and multifamily; and office uses
that are compatible in scale and character
with permitted residential uses.
Permitted uses include restaurants, bars, and
brewpubs, coffee houses, and espresso bars if
located adjacent to a street corner and within
a mixed-use building.
The zone provides standards and guidelines
to ensure new infill development will be
compatible with the scale and character of
existing development.
The R-O zone has no minimum lot area,
frontage, or base density standards but a
maximum height of 35 feet that can be
increased by 2 feet if 50o/o of the roof area is
devoted to a green roof. The minimum
setbacks are l5 feet for the front yard, 20
feet for rear yard, and 10 feet for side yard.
Off-street parking requirements vary
depending on the number of bedrooms where
1.2 off-street stalls are required for studios,
1.5 per 1-bedroom units, and 1.0 per
bedroom for 2-bedroom units and larger.
Offices must provide 1.0 off-street stall per
300 square feet, and restaurants and bars 1.0
off-street stall per 200 square feet of gross
floor area (GFA).
Off-street Parking Lot Parcel 133734 - is a
triangular parcel located north across East
gth Avenue from the Bowling Alley Shoudy's
Second Addition in a Portion of Lot 9, Block
68. The property is bound on the northwest
by East University Way, on the northeast by
the original right-of-way of the Chicago
Milwaukee St Paul & Pacific (CMSP&P) Railroad
that was abandoned for the Iron Horse/John
Wayne Trail, and on the south by East 9th
Avenue.
The property is 17,7lO square feet or 0.41
acres. The property is currently used as a 41-
stall parking lot accessed from East 9th
Avenue.
5Kittitas County Bowling Alley RFP
n
Bowling Alley Properties
6 Kittitas County Bowling Alley RFP
The east portion of the property is zoned
Highway Commercial (C-H) with the same use
authorizations and development regulations
described above.
The west portion of the property is zoned
Public Reserve (P-R) that is a special use
classification established to provide existing
and future areas where public uses, such as,
but not limited to, governmental, educational,
recreational, cultural, and other public uses
operated by a public entity like the KVEC may
be allowed to develop. P-R uses may be
unique and may involve a combination of
uses not permitted outright in any other
zoning districts and may include viable
options for the adaptive reuse of surplus
public facilities provided new uses can be
integrated with the surrounding communities
in a compatible manner.
The P-R zone does not have a minimum lot
area, maximum density, but a maximum
height of 35 feet within 100 feet of the
Residential Office (R-O) zone south of East
9th Avenue that can be increased by 2 feet if
5O% of the roof area is devoted to a green
roof. The minimum setbacks are 10 feet for
the front yard but none for side or rear yard
across from the Bowling Alley C-H zone and
15 feet for the front yard, 20 feet for rear
yard, and 10 feet for side yard across East 9'n
Avenue from the R-O zone.
P-R parking requirements for a public use
would be the same as the C-H zone where
offices must provide 1.0 off-street stall per
300 square feet, restaurants and bars 1.0 off-
street stall per 200 square feet of gross floor
area (GFA), hotels and motels 1.0 off-street
stall per guest room, and conference facilities
0.25 off-street stall per person of maximum
occupancy established by the fire marshal.
The three properties - include 0.48 acres in
the Bowling Alley parcels, 0.16 acres in the
off-street parking lot on North Poplar Street,
and 0.41 acres in the triangular parking lot on
East gth Avenue or 1.05 acres in total.
The three properties include the 44 stalls
provided on the Bowling Alley property, the
34 stalls provided in the off-street parking lot
on North Poplar Street, and the 41 stalls
provided on the triangular property on East
gth Avenue or a of total I 19 stalls or 1 stall
per 128 square feet of gross building area
(GBA) of the Bowling Alley structure.)
All three properties can enter into a
development agreement with the City of
Ellensburg that may vary permitted uses,
densities, intensities, heights, building sizes,
setbacks, design standards, and other
particulars.
All three properties are in a Seismic Category
C, FIRM Zone C, and subject to FEMA Flood
Map 5302340002C. All three properties are
within Hospital District 1, Ellensburg School
District, Kittitas Valley Fire & Rescue District
(#2), and PUD Commercial District 3.
Submittal requirements
Pronosals must meet all of the followins
RFP requirements - failure to do so may
result in a proposal's disqualification, as will
be determined by the Selection Committee at
the Committee's sole discretion.
1. Cover letter - including contact person,
company name, address, telephone, and
email.
2. Proposer's organization - including
method of ownership, management structure,
years in business, list of properties and
businesses, capital assets, financial
capabilities.
3. Proposer's team - including resumes
with references and responsibilities of your
team such as; owners, project manager,
architect, contractor, business operator, and
other staff especially who will be
responsible for ensuring the proposer
adheres to the implementation of the
7Kittitas County Bowling Alley RFP
development and financial proposals, and
operating use agreement with KVEC.
4. Similar properties or businesses - if any,
to that proposed for the Bowling Alley
properties including date of purchase,
development, or operation, ownership and
method of financing, physical and financial
condition, photos of the exterior and interior
furnishings and improvements, and any
criminal or civil complaints. Specify whether
the organization retained ownership of each
property's development or sold to third
parties - if sold to third parties, identify what
percentage of all developments.
5. Development pronosal - including_
conceptual descriptions and illustrations
(and not architectural working drawings) for
retrofitting the existing Bowling Alley
structure and,/or redeveloping the property
including uses and activities, site and parking
plans, building plans and elevations, and
Iandscape buffers with existing neighboring
single-family residential properties. The
proposal may as an option and if the
proposer is interested, retain some or all of
the existing bowling alley for bowling
activities instead and,/or along with meeting,
presentation, banquet, and party spaces and
activities envisioned in the Festival Hall
concept
6. Financial proposal - including the
proposer's terms for a lease, lease with
option to buy, or purchase of portions or all
of the Bowling Alley properties. The Board of
County Commissioners have set the
minimum lease price at $.16/sqft per year of
ground area. In addition, at no time will the
sale price of the property be less then the
County has invested in the property.
7. KVEC use aqreements - including the
proposed terms for making the Bowling
Alley/Festival Hall parking Iot and meering
room space available during the annual Fair
and Rodeo.
8. Timeline- including time schedules and
calendar dates for completing financial
lending packages, zoning and development
code approvals, design and bid documents,
construction, occupancy, and business
startup necessary to implement the proposal.
9. Voiding a proposal selection - the BOCC
reserves the right to void the proposal
selection and award the project to another
proposing party or cancelling the RFP
altogether if the selected proposal is not
implemented within the assured or a
reasonable time schedule or calendar date.
Submittal format
The proposal must be organized in the order
listed in the submittal requirements listed
above in at least 1l-point font comb bound
on 8.5x11 inch paper without dividers or
separators.
The proposal may imbed images or photos of
proposal designs or illustrations, or photos of
comparable projects within the text or in a
separate attachment on 8.5x11 inch paper.
Submission method
One, I hard copies of the proposal submitted
by mail or delivery to Patti Stacey, Director,
Kittitas County Solid Waste & Facilities
Maintenance, c/o County Commissioners'
Office, 205 West Fifth Street, Suite 108,
Ellensburg, WA 98926 by the date and time
listed on the front cover of this RFP.
In addition digital copy (pdf) of the proposal
is to be submitted by email attachment to
Patti Stacey, Director, Kittitas County Solid
Waste & Facilities Maintenance, Following
business day of the date listed on the front
cover of this RFP in care of:
patti. stacey@co. kittitas. wa. us
8 Kittitas County Bowling Alley RFP
The County will not accept proposals
submitted by facsimile. Responses to this RFP
shall be prepared at the sole cost of the
proposer and do not obligate the county in
any form.
Selection criteria
Proposals will be judged by the Selection
Committee and ultimately by the Board of
County Commissioners (BOCC) based on the
extent to which a proposal meets the
following criteria:
1. Development proposal - equals or exceeds
the amount of meeting, conference, party
room, and assembly space currently provided
in the 15,221 square foot Bowling Alley.
2. Financial proposal - At no time shall the
proposal be less than the minimums set
forth by the Board of County
Commissioners.
3.Ugc-Bfalgsal - guarantees the proposed
Festival Hall or proposed facility space will
be available for KVEC events during the
annual Fair and Rodeo, and on a first come
first serve basis to KVEC during the rest of
the year with advanced notice and agree
rental terms.
4. Proposal qualitv - including description
or plans of the design of improvements or
constructions, market theme of the business
operation, and promotional enhancement as
it relates to the KVEC site and brand.
5. Svnereies - including the extent to which
the proposal implements KVEC's Master Plan,
supports CWU student and resident interests,
adheres to City of Ellensburg's
Comprehensive Plan, buffers or compliments
available property uses, and otherwise
realizes sufficient public benefits.
Selection process
The Board of County Commissioners has
appointed a Selection Committee. Based on
the results of the review of the proposal
materials that are submitted, the Selection
Committee will make a recommendation to
the Kittitas County Board of Commissioners
(BOCC) who, at their sole discretion, will decide if
and who satisfies RFP requirements.
The BOCC reserves the right to reject all
proposals, if in the BOCC's opinion none of
the proposals meet RFP requirements and/or
promote the public benefits envisioned for
the Bowling Alley property in accordance with
the KVEC Master Plan.
Eligibility
This RFP is available to all private, nonprofit,
or public parties that demonstrate, in
accordance with RFP requirements, that the
party has the experience and ability to
implement their proposal.
Kittitas County Board of Commissioners
(BOCC), KVEC staff, and Selection Committee
members and their immediate families are
not eligible.
Contact and questions
Proposers should register their interest in
this RFP with Patti Stacey, Director, Kittitas
County Solid Waste & Facilities Maintenance,
patti.stacev@co.kittitas.wa.us to be kept
informed of any addendums or questions.
Questions can only be submitted bv email to
the party named above at least 5 business
days before the proposal due date listed on
the front cover of this RFP. Answers to all
questions will be emailed to all parties who
register with the party identified above.
No communication shall occur regarding this
RFP, including requests for information, with
any County representative other than the
nartv named above. Failure to comply with
Kittitas County Bowling Alley RFP 9
this provision may result in the proposer's
submittal being removed from consideration.
Property tour
Proposers must email Patti Stacey, care of
email above, if they want to physically tour
the Bowling Alley building.
Public records
washingron state Law (RCW42.56 - Public
Records Act) requires public agencies in
Washington to promptly make public records
available for inspection and copying unless
they fall within the specified exemptions in
the Act. Proposals made to this RFP are
considered public records. Subject to the
following paragraph, submittals will be
available for inspection and copying by the
public on conclusion of the Jurying process
and BOCC selection.
If a proposer considers any portion of their
proposal to be protected under the law, the
proposer shall clearly identify on the page(s)
affected such words as "confidential" or
"proprietary" or "business secret". The
proposer shall identify the affected page
number(s) and location of any material to be
considered confidential.
If a request is made for the disclosure to such
material, the County will determine whether
the material to be considered is confidential
under the law. If the material is not exempt
from public records law, the County will
notify the proposer of the request and allow
the proposer 10 days to take whatever action
it deems necessary to protect its interests. If
the proposer fails or neglects to take such
action within the 10 days, the County will
release the portion of the proposal deemed
subject to disclosure.
By submitting a proposal, the proposer
assents to the procedure outlined above and
shall have no claim against the County on
account of action taken under this procedure.
1t I rittitas County Bowling Alley RFP