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K23-008
PORT OF MATTAWA
(PORT DISTR-1CT NO. 3 OF GRANT COU-NTY) I
GRANT COUNTY SHERIFF
SMALL OFFICE LEASE
THIS LEASE is dated this dayof
20 '1 and is
between Port of Mattawa, (Port District No. 3 of Grant County), a Washington municipal coq)oration
("Lessor"), whose address is 20140 Road 24 SW' Suite G, Mattaw-a WA. 99349, and Grant County
Sheriff, ("Lessee"), whose address is Grant County Courthouse P.O. Box 37,
Ephrcata,'WA 98823.
WITNESSETH:
ON AND SUBJECT'"I"O the covenants, terms, conditions and agreements herein contained,
Lessor herewith leases to Lessee and Lessee herewith leases fromLessor that certain real property
situated iii Grant County, Wash'
In ton, legally described as follows:
Lessee desires to rent Unit D of approximately 100 square foot space in said Port of
Matt .° Incubator Building from Lessor, located at 20140 Road 24 SW, Mattawa
WA 99349. Refer to Exhibit .13.
Phys,leal, address of the premise is 20140 Roa d 24 SW STE D, Mattawa, W'A 99349.
Grant County Assessor's Tax Parcel No. 313508000.
1`0GETHER W1.11 I all fi-anchises, privileges, pen -nits, licenses and easernents,if any,
that are on, connected w1th or usually hc,,ld, and en. oyed -in. conn I
described real property. J ection. with the
SU .QCT TO rights reserved and federal, patents or state deeds, all easements and
rl,(.rht' -of-wa of record or
,7 S y in apparent use, all enew nbrances, reservations,
restricti.ons, land use and zonling laws, plat dedicationsrestr*ctive and protective
i
covenants of record and existing or future municipal, county, state or other
government,al or quasi -goverrunental. assessments, if any.
INCILUDING all reasonable rIghts-of-way of ingress and egress which. are
appurtenant to the above-descr*b'
i ed real property or in which Lessor has rights.
INCLUDINGrecess to cornmon areas (.lobby, hallway, and two public
bathrooms),- parking (avaflable on a. first -come -first -serve basis); access to
Lessor's office and conference room t'
.or Lessee's business activities subject to pre -
approval by Lessor; and one locked mailbox if Lessee requests one.
The phrase "the Property" shall 'Include, in addition to the above real property
any encumbrances and benefitsabove described, allmpents and fix
irovemtures
hereafter located thereon'Unless hereinafter specifically provided.
L TER.M. The tenij
.. of thisLease shallcommence on January 1, 2023 ("the
Corn-mencement Date"), and shall terniinate al midn.l.ght on December 31, 2023, (the
"Termination Date"), unless sooner terminated in any in.anner hereinafter provided.
2. RENT. Lessee shall. pay Lessor rent of $350.00 per month, below in advance
and without demand with the first monthly 'Installment of rent due on. January 1, 2023,
and subsequent monthly Installrnents of rent due on the I st day of each. successi ve month
during the terni of the Lease.
3. LATE CHARGE. In the event. of nonpayment of rent by Lessee -to Lessor in
-the Full arnotint and at, the tlme(s) required by this Lease, wilb such nollpic
yment
continuing for more than ten, (10) days after due, then Lessee shall pay Lessor a late
charge equivalent to ten percent (10%) of the delinquent rent for each nionth, or any
portion thereof, of delinquency froni the due date(s) until paid in hill. No defiault on
account of del-mquent rent payment(s) shall be cured until. the latecharge req,uired by this
section is paid in addition to the delinquent rent payment(s).
4'7! M AXES. Lessee shall, pay before d.eli,nq,uen.cy all taxes, assessment icense
fees and other charges levied or assessed against Lessee'spersonal property Installed or
located. on the property during the Lease term.
5. tLtSE!)F PROPERTY.
5.1 Lessee shall use tie 'Property only for Grant County Sheril"Y'
l
associa, 4
yaw enforcement duties and other uses ted therewith.. No other use of the
Property shall be made wilhOLIt the prior written, consent of the Lessor.
5.2 Consent, if gIvenjor any change in use shall be expressed'in,
wnting and may- include an adi -t of the rent in accordance with the change,
justmen
5.3 Lessee shall not use or allow the Property to be used, for any
im-proper, immonal, unlawful or objectionable purpose. Lessee shall not do or
pennif anythin gto be done in, on, about or from the Pr'ope.qy which wIll
constitute a nuisance or trespass or will in any way obstnict or interfere wIth the
Page 2 of 17
rights of other tenants of the Property or their invitees or licensees, or injure or
an.n.oy theni.
6. IIAZA,R.DOIT!�,q'l'-JBSTA'N'CES/ENVIRON.M,ENT.
6., 1 Lessee shall not cause, peen It or allow any hazardous
substance to be brought upon, kept or used in, on, or about the Property by
Lessee, or Lessee's agents, employeescontractors, licensees, invitees or lessees,
except for such hazar dows substances as may be reasonably necessary for
Lessee's possession and use of the Property pursuant to the terrns of this Lease.
Any hazardous substances which by the foregoing provisi.on are pern.iitted to be
broUght upon, kept or used. in, on or about the Property and al I containers
there -for, shall be used, kept, stored and disposed of in a tnanner that cw�npfi
strictly in all respects with all 'federal, state and local laws or regulations les
applicable to the handling, use, storage, treatment and transportatioii of
hazard-OLIS substances,fnCltiding but not limi.ted, to the Coinprehensive
Environmental Response, ("ornpen.sation and Liability Act ("CERCLA") 42
'U.S.C. 9601, et seq.; the Super Fund Aniendments and ReauthoHzatton Act of
1986; the Resource Conservation and Recovery Act ("RCRA") 42 U.S.C. 960 1
et seq.; the Clean Water Act, 33 U.S.C. * 1317, §1321 the Clean At, 42
I
U.S.C. 7412; the To Substances Control Act, 15 U.S.C. 2606; the Wa.sIl'
i. n to n
Model Toxics Control Act ("MTCA."), RCW'Ch,, 70,1050; the State 91
Environni.ental Policy Act ("SEPA"), RCW Ch. 43.2161; and the Hazardous
Waste Management Act, RCW CK 70.105, includi.n.g all. amendments and
recodifications thereof, all regulations promulgated thereunder and all ftiture
laws and regulations enacted by any governmental authon'tyrespecting the
handling, use,, storage, treatment and transportation of hazardous substances. The
term "hazardous substance(s)" as used herein means and includes any
"hazardous waste" as defined by R.CRA and the Hazardous Waste Management
Act, as amended from time to time and, regulations promulgated thereunder,; any
"hazardous substance" as definedby CERCLA, the Hazardous Waste
Management Act and SEPA, as amended frorn time to time and zcniyregulations
promulgated thereunder; any oil, petroleum products and. their byproducts; and
any substance or waste with respect to which the handling, use, storage, tref,.utnent and
Pa .w w 3 of t 7
tr" risport-ation thereof 011 crops., soil, water and equipment is or becomes mgulated by
Cant' federal., state or local government authority.
6.2 Lessee sha-11 defend, indemni.fy and hold Lessor completely
harmless from ally breach or violation Of the prohibitions iniposed upon Lessee
by this section. Indeinnificat.i.on Includes,, without limitation, any and a-11 costs or
expenses (including all clalni.sl darna,ges, fines, udgments, penalties, liabiii,t*
loss, attorneys, fees and consultant and expert fees) of any kind or nature
incurred becallse of any teston
i gj assessnients or investIgation s of the Property, or
any clea.11.11p, removal, remediation orrestorati.o,1.1 of the Property mandated or
threatened by any federal, state or local cagency or political subdivision or
I
voluntarily undertaken and spe6fically includes any and all such costs or
expenses dile to hazardous substances that flow, diffuse, migrate or percolate
into, onto orunder the Property after the date of thitl s Lease..
7. ALTFRATIC)NS AND ADDITI -..Lessee shall not make or allow to be
made any alterations, additions or improvernentsto or of the Property, or any part thereof,
without the prior Written consent of Lessor and, except as is otherwise provided hereinafter
W
Inthis sect*
ioti, any alterations, additions or improvements to or of the Property, including
but not limited to, structures,buildi
I Ings, wall cov
but except' ering, paneling and built -In cabinet work,
Ing movable furniture as well as trade filXtUres wh.,Ich shall at once become a part
of the Property and belong to Lessor and shall be surrendered with the Property on the
termination of this Lease sub' ct to Section 18 of this Agreement, Upon the exptrat'
Ion. or
sooner termination. of the Lease term., Lessee shall upon written demand ofLessor giveniat
least thirty (30) days, prior to the end of the Lease term.,, -forthwith and with all, due diligence,
r move any alterations, additions, or improvements by Lessee designated by Lessor to be
removed and repair any damage to the Property caUsed by such removal.
K RETURN QF THE PROPERTY. On
the date of termination of this Lease,
Lessee shall ret -urn the Property to Lessor in as good a conditi-on as the same was atthe t*
Lessee took possession hereunder ime
natural deten'oration., depreciation, reasonable wear and
tear due to reasonable use and occupancy in con-forman-ce with the provisions of this Lease
and Acts of God alone excepted. Notwi.th standing any provision In this Leaserelating to the
exception of natural deterlortationi depreciation and reasonable wear and tear due t0se and
occupancy, Lessee shall, at Lessee's own cost and expense, at all hTnes keep the Propeiiy i
in
Page 4 of 17
a neat, clean and sanitary condition. keep the glass of all windows and doors clean and
presentable, inimediately replace any glass as may becorne cracked and broken With. glass of
a like, kind and quality, and, at all tinles maintatn the Property in such a state and conditioll
as is cons i steti.t with the operation of ca clean,, san.itary property.
9. FOR.CF, MAJE -URE. If either of the, parties here-to shall be delayed or
prevented. from the per-formance of any act requIred hereunder by reason of Acts of God,
strikes, lock-outs or Other labor troubles, inability to procure materials, restrictive
governmental -laws, ordinances regulations or requirements or other cause without the Eault
and beyond the control of the party obligated. (fin-ancial inability or diffiCt ies0-'*f
exce T Lessee
pted), then peribrmance Of StIch act shall be excused forthe period of the delay and the
period of the performance of any stich act shall be extended,for a period eqUivalent to the
period of such delay; Provided that nothing in this section shall excuse Lessee ftomthe
prompt paynient. of rent or other charges rc-,-,quired. of Lessee hereunder
uille-ss expressly
,Provided otherwise elsewhere in this 1,ease; and provided
her that noth-lig in this section
shall extend the term of this Lease beyond the termination date hereinabove set forth.
10. GOVERNMENTAL NUTHORI. TYLessee shall cot ply wit 1 a,
------ I— 'rules
ordinances and regUlations of the County of Grant, Stalte of Washingtoll, the -federal
government and its agencies and all other governmental or qUasi-governmental aUthori'oes
Witti. Jurisdiction as nikv be required or
imposed by any such. authorities on Lessee, the
Property, or Lessee's Use, occLlpancy or control thei.-eof; and shall comply with any direction
pursuant to law of any public official or officer who shall "
impose any duttes'Upon Lessee
with respect, to the Property or th.0 LISC, occupancy or control. thereof, or the condLICt of 3,11y
business therein. Further, If as a result of the imposition. or enfbrcement of any
governmental rules, ordinances or.regulations
it is required. the Property be repaired,
remodeled or altered on account of any acts or om*ss'ons of Lessee, Lessee shall promptly
and at the sole cost and expense of Lessee effect any SUch repair, remodel or addition and
shall be fully responsible to Lessor -for claims, liabilities or darnages resulting therefrom or
approximately caused thereby,,
IL W.A,.S_".rE . Lessee shall not cornmit or perini
t Spoil or waste of or to any of the
Property and shall peacefully stirrender possession of the Property on the date of
terni,ination of t4ls Lease 'in a, cle.ran and neat 'Condit 'Ion, firee and c - lear of al1refuse and
debris.
Page 5 of 17
12. MAI. TIEKANCE AL AND
-------- �PAJR
�D—Y—I,E�SE
E. Lessee shall throUghout the
Lease temi and so long as Lessee remains in possession o'f the Property, keep and maintain
the entire Property, including all improvements and coni. onents thereof, in good operating
order and repair, reasonable wear and Usage and Acts of G,od excepted.
13. UTILITTE
L-4xcept as may otherwise be specifically provided herein, Lessee
shall pay all charges for ti.tilities and service's, to the Property, Which shall include but not be
l4inited to, charges for water,
sewer, heat, light, gas and, refuse disposal, and any other
charges assessed against the Pro
perty as a, reSL11t of Lessees Use andlor OCCLIpafion ther of as
the sain.e become. due and payable and shall not permit liens, executions or attachments to
exist against the Property by reason. of 1.10n thereof
14. INDFMNT
NT Lessce covenants to defend, indernnify and hold Lessor
harnfless from and against all claims, fiabilitles and damages of whatsoever cause and
whatsoever kind arising OUt of or'
in connect'lorl with the possession, use or opercitioll of the
Property, by Lessee or Lessee's agents, el,Ylployees, independent contractors,
SUCcessors,
assigns, family, frivileS.1 licensees, or any third persons either lawfiLifly or unlawfully oil the
I I I I I I V ftp
Property, excepOng only claims, fiab H 'ties and damages Proximately caused. b - or resu ting
'from the failure ofLessor to properly perform any of Lessor's obligations with respect to the
Propert
y required by the provisions of this Lease.
15. INS UR ANCT.
15.1 Lessee shall procure and maintain in. -forcei
wthout cost or expense to
i
Lessor, on the commencement date of thIs Lease and, thrOL1ghOUt. the Lease terlm or as long
as Lessee remains, in, possession of the Property, with. insurance carriers licensed to do
bt.tsiness in the State of Washington, a pol'
icy or p i
oficies of i
insurance pro,viding the
following coverages with respect to the Property and the Use and occupancy of the Property
by Lessee:
Broad form Comprehensive general liability i
bodily injury and i inSUrance covering
property damage with liability limits of not
less than $]�000,0001,per occurrence,
Special form or risks of direct physical loss cove -rage, insuring
all equipment, fixture"
s, im-provements,', structures and buildings
which are now or hereafter part of the Property in amounts equal
to the ftillreplacernent value of all buildings and. i
and the actual cash value of all equipment. improvements
Page 6 of 17
Lessor shall be named as additional insured on all such Policies, which. policies shall
provide that they may not be canceled or mod ified for any reason without fifteen. ( 15) days
prior �vritten notice to Lessor. In comlection with all such insurance,, Lessor shall apply to
the insurer -to have the insurer waive in writing all rights and SUbrogation.'s which the insurer
might have otherwise acquired, if at all, against Lessor and/or Lessee. Lessee shall furnish
Lessor with certificates of each policy of insurance required by this section within ten, (10)
day of the execution of thi
is
Lease and with renewal certificates -within ten (10) days of the. annual renewal of each such
Policy. If requested by Lessor Ilk a,ll policies required Under this section shall name any
mortga.gee or deed of trust beneficiary and/or any assignee thereof, as -their respective
interests may appear, as a loss payee and a certificate of each stich policy shall be deposited
with such loss payee.
15.2 Notwithstanding the foregoing provisions of thi's section, in the event
Lessee is not able tO P'rocurethe special -forni or risks of direct pbysica] loss coverage
insurance required by paragraph I �] above, Lessor shall procure SUch insurance and Lessee
shall pay the annual (or other periodic) premiums therefore immediately on demand of
Lessor,
15.3 In the event of the receipt of 0
insurance proceeds from the policy of
inst:trance required. by this section 1, 5 resulting E 1.
rom phys'cal loss of equipment, fixtures,
improvements, structures and buildings which are now or hereafter become part of the
Proper(v, all such insurance proceeds shall be a plied to the com
P 1. le ebuildtng and
restoration of the Property or any such darnaged part thereof, In the event there are any -
insurance proceeds rem,,ainnig after the complete rebui.1ding and restoration of the Property
or such damaged portion. thereof, such remaining insurance proceeds shall be distributed to
Lessee free. and clear of any claim of Lessor.
16. EMINENT DOMAIN.
1.6.1 If the whole of the Property should be taken Linder government power
,of eminent dornain or by private condemnation, the Lease term shall cease as of the day
possession be taken and rent shall be paid. to the date of termination with a, reffind to Lessee
of any untised rent paid in advance.
16.2 If only part of the Property should be taken and the balance thereof
.remains tenantable for Lessee's purposes, this Lease shall continue in ffill force and effect.
Page 7 of 17
The rent shall be adjusted if Lessee's business is reduced because of the taking aTid tile
amount of any adjustment shall. be agreed upon between Lessor and Lessee. If the ar ies
are unable to a -gree her or not the remaining portion oft Property renian,is tenantable
for Lessee's purposes or as to the amount ofrent adjustment, either Lessor or Lessee niay
for a period of thirty (30) days following the taking, teniiinate this Lease by t-;* '
day's notice to the other. OnDvIng ten (10)
0 . termination, Lessor shall refund to Lessee any unused rent pald
in advance,,
16.3 All da
" m4ages awarded fior taking under the power of eminent don.i-ain
or private condenination, whether for the whole or a part of the Property, shall be the
property of Lessor, whether such damages be awarded as corn.pensiation, for diminution
in
value of the leasehold or to the fee of the Property and Lessee hereby expressly waives any
clairn to any part thereof,- provided that Lessee shall have the right to claim and recover
ft -0111 the condenining authority, but not from Lessor, Such compensation cas may be
separately awarded or recoverable by Lessee In Lessee's own right on account of any and all
damage to Lessee's business by reason Of the condem-nafion and For or on account- of any -
cost or loss to which Lesseemight be put in removing Lessee's merchandise, furniture,
fixtures, leasehold it"PrOVements and equipment, including any loss of goodwill and,
securing a new leasehold. Notwithstanding anyth' %.-
frig to the contrary contained herein, 11-1 the
event of any total or partial condemnation, Lessee shal I not have any clairn. aga, .
for the va,lue of ally U11.eXp . ired term of this Lease. inst Lessor -
IT DAMAGE TO THE PKOPERTY Notwithstanding anything to the, contrary
cont,tained herein with respect to Force Majeure, if the Property 'is destroyed or damaged by
fire, earthqUake, or other castialty to such. an extent as to renderthe Property wholly or
partially u.n..-fit for Occupancy then Lessee may exercise an election, at Lessee's exclusive
.Option, to cancel and terminate this Lease by notice given within thIrty (30) days of the date
of such damage or destructioil. Upon the giving of such notice, this Lease shall be deerned.
to have terminated on the date Of SUCh damage or destruction and all rent paid by Lessee in
advance, If any, shall be Immediately refunded by Lessor to Lessee. On the other hand, in
the event Lessee does not elect to cancel this Lease, then Lessor shall rebuild or restore the
Property as soon as is reasonably practicable considering the extent of the darnage or
destruct
ion and the availability of workiiien and supplies and during such period of
rebuilding or restorration, this Lease shall continue in full force and effect, except for
Page 8 of 17
obligations of Lessor or Lessee hereunder which because of the damage cannot be
performed, and except for rent which shall be reduced equitably or suspended entireiv on
W
the basi's of the diminution of the business of Lessee caused by the loss of area, and/or
restoration.
18. FIXTURFq j-�ND EOUIPME Any fixtures or eqUipMent of any- kind
whatsoever placed upon the Property by Lessee sha.11 remain the property of Lessee and be
V
at the sole r1sk of Lessee, unless provided othenArise herel.n. On or priorto the termincation of
this Lease SUchfiXtUres or equipment may be removed by Lessee if removal will not result
M damage to the Property. If Stich fixtures or equipment can only be removed by damag.,ing
the Property, then Lessee has the option of removing the same or allo' #1 df�
i
equipment to rem ' ' wing sa.jct Int or
al.11,111 place and become part of tile Property and the property of Lessor. In
the event Lessee exercises Lessee's option to remove said fiXtUrCS and equipment and
removal will result in dani,,age to the Property, then Lessee shall pay, Lessor -for the repair of
the darnage to be caused in ati arnoUTIt agreed Upon between Lessor and Lessee prior to
removal. All fixtures and equipment remaining on the Property after the termination of this
Lease. shall be the property of Lessor fir of any cla*
ims or interes-t of Lessee.
19. IN SPECTION, During the Lease term, Lessee shall permit Lessor, and
Lessor's agentsrepresentatives and designees free and unlimited access to the Property at
alb' reasonable times, for the purposeof inspect*
ion or of making repairs, addt'
i ions or
alterationsrequ'red of Lessor by th*s Lease or to porfions of the Property Linder th. contro
I 1.0
of Lessor, -if any provided that th.'s right to enter and make repairs shall not be constrUed as
an agreement or requ.irement on the part of Lessor to make any repairs, additions or
p p
alterations to the Pro erty tin -less s e6fically reqU'red of Lessorin this Lease. Le'ssor sha.
have the right to place and maintain "For Sale" and/or "For Rent" signs in co
places on the borders of Property. nspicuotis
20. __�gEQEM
FAILURE TO 11, Y OR PERFO If Lessee fails to pay any sums required
to be paidto any third parties by this Lease in. the ffill arnourit and precisely at the time's
required or Ealls to provide or maintain insurance or to perform any other act(s) herein
tj
requ� red,Lessor may (but shall have no oblig'at'on.) make ally such payment, eff-ect s ch
insurance or to perform any such act(s) and all sums paid or expenses incurred by Lessor
thereby, in-cluding attorneys' fees and interest on all of said stims at the rate of ten percent
0 0%), per annum, from the dates of payment or expenditure untl I n�paid, shall be payable
Page 9 of 1, 7
by Lessee to Lessor im.medlately on. Lessor's demand, all Without prejudice to any other
rights Lessor may have breason of such defaults.
Y
21. ABAND - ONMENT. Should Lessee abandon the Property while in default,
Lessor may take h-finiediate possession of the Property and all improvements and equIp'llient
thereon -for the purpose of protecting and preserving the Property and ni.ay mitigate damag C- s
by rentin,g or operating the Property during the period of enforcenlent of Lessor's rights
under thisLease Without pre Udic*ng Lessor's rights or remedies Under this Lease or by law
or in, equity.
22. ASS fGNMENT". Lessee shall not assign, convey or transfer this [,ease, or ally
interest herein, nor sublet the.Pl'operty ot - any part thereof; nor shall this Lease be assigned,
conveyed or transferreid or the Property sublet by operation of lavv, without the prior written
consent of Lessor.
23, EVENTSOFDEFAU Each of the following events shall. constitute all
"Event of Default":
1f Lessee shall make a general assignment or gene ral ,arrangetnent for
the beriefit of creditors,- or a receiver is appointed to take
possession Of SUbsiAntially all of Lessee's assets located on the
Property or of Lessee's interest in the Property or this [.,ease,
where possession is not restored to Lessee within thirty ('30) days
ee of any Such claims* or the attachment,exeCUti0n. or other
judi.cial. Seizure of substantially all of Lessee's assets located on.
the Property or of Lessee's interest in this Lease, where such
attachment, execution or seizure is not discharged within thirty
(30) days-,
If Lessee shaIl fail to pay Lessor any rent or other p- ymen 1. required
of Lessee precisely when the sanie shall bec a
I orne due and shall
not, make such payment within ten (10) days after notice thereof
by Lessor to Lessee,-
If Lessee shall Ec"11 to perform. or com,
ply with any. of the other
covencants, conditions or agreements of this Lease to be perform.ed by
Lessee (other than payment of rent) and if the non-performance shall
conti.nue -for a per1od of twenty (20) days after notice thereof by
Lessor to Lessee; and
0
jv) If Lessee shall vacate or abandon. the Property.
Page 10of 1.7
429 4. REM
"'.LELMES, In the case Of a,ny Event of Default, Lessor sha-11 be entitled to
exercise an , y, all or any combinatiODof the following remedies including any other
right or
remedy granted by law or in equity:
Lessor shall have the right to cancel and term'nate this ,ease as
well as all the right, title and interest of Lessee hereunder and
in the Property by so notifying Lessee. Upon. the giving of suell
notice, this Lease and the right, title and interest of Lessee
hereunder and in the Property shall tempi at in'the same
manner and with the same force and eftect, except as to
Lessee's liability Bor rent or danicages for breach of a. covenant,
term or condiflon of thi's Lease as if the date fixed In the notice
of cancellation and tern-lination were the end. of the term. herein
originally determined; and/or
Lessor n-iay elect, bit shall not be obl Igc 'Ited, to make any
payments required of [,Cssee herein or comply with any
agreenjer, t
, term Or conditionrequired hereby, to be per"ort ned,
by'Lessee and. Lessor shall have the right to enter the Property
fOr the Purpose of correct'
IIng or remedying any such defaUlt and
to remain 'L111t,* I the de_ffiUlt has been corrected or remend ed, bUt
any expenditu* re for correction or remedy by Lessor shal I be at
the expense of Lessee and not be deemed to waive or release the
dei'ault of Lessee or the right of Lessor to take any act*
jon as may
be otherwise permissible hereunder in the case. of any CletaLlIt'
and/or
Lessor may reenter the Property immed'ately and reni,ove the
personal property and personnel of .lessee and store the
personal, property in a publ'
,IC WE"Irehouse ot - at a place selected
by Lessor, at the expense of -Lessee. After reentry, Lessor shall
not be required but may terill 4 4
(20) days wr' . inate this Lease on giving twentv
itten. notice of ternnination to Lessele. On stich
terminatlion Lessor mayrecover -frorn Lessee all darnages
proximately resLjlt'ing 1:rom the breach,,lncluding aftorn
, eys'
fees, thcov
e Costs of reering Prop the Prrty, and the worth of the
balance of this Lease over the reasonable rental vallie of the
V
Property for the remainder of theLease term, which surri shall
be M.,imediately due Lessor -C
reentry will not tr
er. rorn. Lessee. Without notice,,
ninate this Lease. After reentry without
notice of termination, Lessor may relet the, Property or any
part thereof for any temi, -for the rent and on such other terms
as Lessor may choose. Lessor may makealterat"
Jons and
repa"Irs, to the Property; and/or
Lessorrnay institute suit to specifiically enforce any of Lessee's
covenants and agreements hereunder and/or seek damages for
breach of this Lease.
Page I I of 17
Pv—'U-L-ALILI-V—E—R—L,�Ajf--"DIES. All the forego
are given wit1jout ing remedies are cumulative and
S
impairing any other rig*hts or remedies of Les, or given by law, equity, in
other provisions of this Lease or otherwise.
26. C"URING AN EVENT OF DEFAU
LT. In order to remedy any Event of
De. -fault for Which notice i
I.s given. by Lessor to Lessee, Lessee shall in addition. to the
payment of any SUm required or the performance of any act required, pay to Lessor the
agreed and reasonable sum of $500 as and forthe expenses incurred by Lessor for the
Preparation of any necessary . notice and its delivery, whether ornot attorneys, fees Or other
Profiessional fees are actually, incurred; and shall j.,n addition p<,:Iy to Lessor all expenses
I
reason -ably incurred by Lessor and S if
Pec jed in. said notice or any specia,l reports or costs -11
connection with the preparation of said notice, No Eve -tit of Do -fault shal I be deemed CUred
and Lessee shall contintie In defiaLdt Until any payments required to be made pLirsuant to the
provisions of this section are made In add*t*
s p if I I.on to paynient or actions reqUired of Lessee ,is
cc led *n said notice.
CON �EYANCI OF T.M PROPEKI"'Y BY FF_os,
In the event of
conveyance of t1l,e Property by Lessor, Lessor slia.11 upon such conveyance be entirely -freed
and relieved of all liability Linder any and all covenants, condit'
ions and agreements
.Contained or derived Froil l tills Lease bind*
Ing upon Lessor ansing OUtof any acts,
occurrences or onl.'ss' n
I Ions occurring after the co suffn, afion of the conveyance and the
purchaser at such, conveyance and any subsequent Conveyance of the Property shall be
deem.ed, Without any ftirther agreement between the parties or their SUccessors in interest., or
between the parties and any SLI -Ch purchaser, to have assumed and agreed to be bound by all
of the covenants, conditions and. agreements bin -ding upon Lessor tinder th*
is Lease., and
Lessee shall look only to such purchaser forperfiormance of sty , covenants, conditions and
agreements.
28. NOTR-4r- . Any notice, declaration, demand or communication to be given by a party
to this Lease to the other shall be in writing and trans-initted to the other party bNy certified
US,, mall, return receipt requested, postagc ffilly prepaid, addressed as follows:
To Lessor.- Port of Mattawa.
201401toad 24 SW* STE G
Mattawa, Washington 99349
To Lessee.- (Irant Coun.v Sheriff
P.0, Box 37
Page 12 of 17
Ephrata, WA 98823
The rn.ailing and certifying of any such notice as herein provided shall be sufficient service
thereof. All notices give,, is Conipliance wItI, this sections
hall be deemed effective two (2)
1 #
busoness days following the deposit thereof in the U.S. mail, irrespective of the date of actual
rece.1pt of such notice by the addressee. Either party may by notice change its address for
notice,
29, ATTORNf-�-,YS' FEES. If e*ther
Lease, thenon-del"a.ultin patty shall be in breach or default of this
.. g party shall have, the right at the de fiaultitig party's expense, to
retain all. attorney or collection agency to make any demand, enforce any'rernedy, or
otherwise protect or enforce su,ch party's rights under this Lease. The au ting party, shall
pay all costs and expenses so hICUrred by the non -de faulting party, including bUt WithotIt
li'llitit ion.
arbitration and, court costs, tion agency charges, 110tice expenses, title
search expenses, and reasonable attorneys, fees (With or without arbItration or litigafion),
and the failure of the defiaulting party to promptly p.-cly the same shall cause a ff.Iihire of cure
of the specified default and shall In itself constitute a further and additional defirtUlt of this
Lease. fn. the event either party hereto inst' 1
ItUtCs any action (*i1cluding arbitration) to enforce
the provisions of this Lease or for any ca *s'
adjudication or determination of use arl lng OLIt of this Lease, or to procure an
the rights of the parties hereto, the losi
ing party shcall pay or
reimburse the prevailing party for al I Of its court costs and reasonable o
attrneys' fees and
1_ I
fees or costs normally chal-ged or advanced by such attorneys for items such as title reports,
Photocoplesi telephone tolls, mileage, travel, boarding, expert fees, accourifilig
I -feies or other
advanced costs and fees, Including such costs and t'ees that are 1*11CUrred on. appeaal and in -the,
enforcement in any'judgment. In the event *t
i is necessary for either party to employ counsel
or inCUr expense, - A
in or out of court in any bankruptcy or reorganization proceed.tngss, to
enforce, establish or protect suchparty's ights hereunder, such party who
prevails there -in or
so protects or establishes such party's rights hereUnder I's entitled to recover from the other
party all reasonable attorneys, fiees aease
nd ex s so '
P incurred. All payments and
reimbursements required by this section shall be due and payable on d-emand.'and may be
offset against any sums owed to the party so liable in order of mattirity, and shall bear
interest at the rate of twelve pereent (1,2%), per annurn, from the date of demand to and
W
including the, date of collection or the dtie date of any sum against which the same is offiset,
as the case may be.
Page 13 of 17
30. TIM . EOF ESSENCE. Tinieis 'specifically declared to be of the essence of
this Lease and of the payment of all SUMS and the performance of a1l acts required to be
on and performed by the parties hereto.
31., SECT' ION' m,,E,Ar) i.,NGS. The capital zed and underscored word or words
appearing at the Con-iniencem.ent of sections -tnd, parkrraphs of this Lease are included on"y
as a guide to the contents thereof and arenot to be considered as controlling, enlarging or
0
restricting the lalIgUage or meaning cithose sections or paragraphs.
32, NUMRr�R A'r\f'n G-E',NDER. The.. use of any gender or neutral term. shall
include all genders, and the use of any nunibershall be construed, as singular or plura], as
the case m.ay require. The terms "Lessor" and "Lesseell refer to either the singular or -the
plural, as the case rnay be.
33. INVA HT)TTV. '11, the event any portion of this U,,,ase should be held tobe
invalid by any, cot,11, of co,.t Is 'npetentitir'diction., such holding shall not affect the remaining
Provisions hereof. In all provisioll,s of thi's Lease where Lessee may be obligated -to pa -
interest to Lessor ieinenn of y
Lessor to charge a lawful rate of interest, and in the
event -it is dete-rill. i,ined by AL any court of competent Jurisdiction -that any rate herein provided
for exceeds the maxinium perml-tted by la'w for a transaction of the character evidenced by
'these presents, the arnount so determined to be above the legal rate all beapplied against
rincip
piIncipal due hereunder or, if such P al has been p,,ald, or otherwise at the discretion of
the then holder of thisLease, sald excess shall be refunded, to Lessee on, demandwithOUt
interest, and the interest rates specified heret'inder shall be reduced to the maxiMUrn, rate
then permItted by law for the type of trarisact'011 to which this Lease pertains.
0
34. DEFENSE AND LNDEMNITY. All covenants Promises, conditions and
agreements m.ade herein by each party to this Lease shall include as a spec".-fic p,,clrt thereof a
covenant to defend, Indemnify and hold harmless the other party to tflis Lease from and
against . any and all clalmsliabilities or da,mages resultIng from. a breach or de -fault in the
performance of such, covenant, prom"
ise, cfiond'
ex i ion or agreement. Further, all cost and
a r pense required for or occasioned by corn.phance with a covenant, Promise, condition or
greement by wh1ch either party hereto is bound shall be at the sole cost and expense of the
party so bound unless this Lease specifically provides otherwise.
35* 'WA_1V_E_iR.. No assent.
, express or Implied, by Lessor to any breach in the
perfomiance by Lessee of any of Lessee's COVC11ants,,, agrreementsconditions or terms hereof
Page 14 of 17
shall be deemed or taken to be a waiver of any Succeeding breach of any covenant,
agreejnentcondition or term hereof
36. LEGAV RFqLATIONSHIP. The parties to his Lea execute the same solely
as a landlord and a tenant. No partnersh' * '
ip,joint venture orjoint u-ndertaking shall be
construed from these presents, and except as herein specifically provided, neither party shall
have the right to make any representations for, act on behalf of, or be liable fior the acts or
liabilit.1 es of the other. All terms, covenants and conditions to be observed andperfornled by
either of the parties hereto shall be joint and several if entered
On behalf of such party, and a, defci,ult by any one or moreinto by more than one person
Of such persons shall be deemed a
d(--,-Ea-ult on the part of the party,with whom said person or persons are identified. Unless
otherwise specifically provided herein, no third party isintended tobe bevnefitted by this
Lease. Any married person eXeCLIting this Lease hereby pledges his or her separate Property
and marital cormIlUnities 1.
*n satisfaction hereof.
37. APPL.IC'AR1'_,E LAW/CO'N"STRU"('./'TIO'NN'E'NtJE. ThIsLease shall be
governed and inter,preted in accordance, with the laws of the State of Washington. 'In the event
Of con-flict between this Lease and, any exhibits or documents attached hereto, 'the terrns of
this Lease shall be controlling. In the event'this Lease is in C011flict with the provisions of any
laws or statUteS, governing tht sub'
ject inatter hereof, -such laws or statules, only to the extent
Of such con-flict shall. be controlling, The venUe, of any action brought to *
111terpret or enforce
any provision of thIs Lease all be laid in, the county I
"I which the Property issituated. All
sums herein referred to shall be calcLilated by and payable in the lawful currency of the United
State s,,
1
38, ENTIRE AGREE I MENT. This Lea,se contains the entiore agreement . of the
parti * es hereto and, except for any agree, ments or warranfies otherwise stated 'in writing to
stu-vive the execution, and deH 4
'very of this Lease, supersedes all of their previous
understandings and,,agreements, written. and oral, with respect to the subject nicatter hereof.
Neither Lessor nor Lessee shall be liable to the, other for any representations made by any
person concerning the Property or regarding the terms of this Lease, except tothe extent
that the saine are expressed In this Lease. Thi's Lease may be am. ended only by written
instrument executed by Lessor andLessee or their lawfu.1 successors and a's'signs subse uent
to the date -hereof.
Page 15 of 1, 7
All sig.awres below are representative
Signatures provided in each Signatory's representative capacity.
40. HEIR S A Nin_A:�S
. _�S
.IGNS
this f pn f=11 1.114 . The terms, covenants, agreements and condit Ions of
fAlk.0 "Ll"1911pon and shall'Inlire to the benefit ordetrinientof thelegal
representatives
I assigns and successorY s in interest totheparties hereto.
L_E�SSOR
Port Distrwt No. 3 of Grant County, a Wash,*
IngtOD Municipal Corpor,,j,tiojj:
Z
GG
. .. .......
Executive Director Date
S EL4
Board. of County COMMISsioners of('j'ran't COunty Washingtoll
Rob Jones., Chair
Cindy Carter, Vice -Chair
Dannv E. Stone,, -M— ember
ATT, ST—
Ierk of the Board
Page 16 of 17
Dated this of 520
Sheriff of Grant County Sheriff s Office, a Washington law enforcement department of Grant
Co y
0 6 Te ,Sheriff Date
Approved as to form:
,---b , r e-
WSBA # Date
Grant County Prosecutor's Office
P.O. Box 37
Ephrata, WA 98823
509-754-2011
Page 17 of 17