HomeMy WebLinkAboutAgreements/Contracts - Sheriff & JailI►�
GRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
REQUESTING DEPARTMENT:Sheriffs Office
REQUEST suennirTED BY:Sheena Ohl
CONTACT PERSON ATTENDING ROUNDTABLE:JO@ Kriete
CONFIDENTIAL INFORMATION: ❑YES ONO
DATE: 1/17/2024
PHONE:ext: 2012
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Port of 1 I 1 (Po- District Small Office Lease 20140 I I SW Suite
G, Mattawa, WA 99349. Terms of agreement are rental of $350.00 per month January 1, 2024
through December 31, 2024.
DATE OF ACTION:
APPROVE: DENIED ABSTAIN
D1.
D2:
D3:
DEFERRED OR CONTINUED TO:
®Agreement / Contract
❑AP Vouchers
❑Appointment / Reappointment
❑ABPA Related
❑ Bids / RFPs / Quotes Award
❑ Bid Opening Scheduled
❑ Boards / Committees
❑ Budget
❑Computer Related
❑County Code
❑Emergency Purchase
El Employee Rel.
❑ Facilities Related
❑ Financial
❑ Funds
❑ Hearing
❑ Invoices / Purchase Orders
❑ Grants — Fed/State/County
❑ Leases
❑ MOA / MOU
❑ Minutes
❑ Ordinances
❑Out of State Travel
❑ Petty Cash
❑ Policies
❑ Proclamations
❑ Request for Purchase
❑ Resolution
El Recommendation
❑Professional Sery/Consultant
❑Support Letter
❑Surplus Req.
❑Tax Levies
❑Thank You's
❑Tax Title Property
❑WSLCB
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:�:
Port of 1 I 1 (Po- District Small Office Lease 20140 I I SW Suite
G, Mattawa, WA 99349. Terms of agreement are rental of $350.00 per month January 1, 2024
through December 31, 2024.
DATE OF ACTION:
APPROVE: DENIED ABSTAIN
D1.
D2:
D3:
DEFERRED OR CONTINUED TO:
K24-012
PORT OF MATTAWA
(PORT DISTRJCT NO. 3 OF GRANT COUNTY)/
GRANT COUNTY SHERJFR,
SMALL OFFICE LEASE
S LEASE is dated this 1st day of Jan ® and is
between Port of Mattawa, (Port District No. 3 of Grant County), a Washington municipal corporation
("Lessor"), whose address is 20140 Road 24 SW Suite G, Mattawa WA 99349, and Grant County
Sheriff, ("Lessee"), whose address is Grant County Courthouse P.O. Box 37,
Ephrata, WA 98823.
WITNESSETH:
ON AND SUBJECT TO the covenants, terms, conditions and agreements herein contained,
Lessor herewith leases to Lessee and Lessee herewith leases from Lessor that certain real property
situated in Grant County, Washington, legally described as follows:
Lessee desires to rent Unit D of approximately 100 square foot space in said Port of
Mattawa Incubator Building from Lessor, located at 20140 Road 24 SW, Mattawa
WA 99349. Refer to Exhibit B.
Physical address of the premise is 20140 Road 24 SW STE D, Mattawa, WA 99349.
Grant County Assessor's Tax Parcel No. 313508000.
TOGETHER WITH all franchises, privileges, pen -nits, licenses and easements, if any,
that are on, connected with or usually had and enjoyed in connection with the above-
described real property.
SUBJECT TO rights reserved and federal patents or state deeds, all easements and
rights-of-way of record or in apparent use, all encumbrances, reservations,
restrictions, land use and zoning laws, plat dedications, restrictive and protective
covenants of record and existing or future municipal, county, state or other
governmental or quasi -governmental assessments, if any.
INCLUDING all reasonable rights-of-way of ingress and egress which are
appurtenant to the above-described real property or in which Lessor has rights.
INCLUDING access to common areas (lobby, hallway, and two public
bathrooms) parking (available on a first -come -first -serve basis); access to
Lessor's office and conference room for 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 benefits above described, all improvements and fixtures
hereafter located thereon unless hereinafter specifically provided.
1. TERM. The term of this Lease shall commence on January 1, 2024 ("the
Commencement Date"), and shall terminate at midnight on December 31, 2024, (the
"Termination Date"), unless sooner terminated in any manner 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, 2024,
and subsequent monthly installments of rent due on the Pt day of each successive month
during the term of the Lease.
3. LATE CHARGE. In the event of nonpayment of rent by Lessee to Lessor in
the full amount and at the time(s) required by this Lease, with such nonpayment
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 month, or any
portion thereof, of delinquency from the due date(s) until paid in full. No default on
account of delinquent rent payment(s) shall be cured until the late charge required by this
section is paid in addition to the delinquent rent payment(s).
4. TAXES. Lessee shall pay before delinquency all taxes, assessment, license
fees and other charges levied or assessed against Lessee's personal property installed or
located on the property during the Lease term.
5. USE OF PROPERTY.
5.1 Lessee shall use the Property only for Grant County Sheriff
law enforcement duties and other uses associated therewith. No other use of the
Property shall be made without the prior written consent of the Lessor.
5.2 Consent, if given, for any change in use shall be expressed in
writing and may include an adjustment of the rent in accordance with the change.
5.3 Lessee shall not use or allow the Property to be used for any
improper, immoral, unlawful or objectionable purpose. Lessee shall not do or
permit anything to be done in, on, about or from the Property which will
constitute a nuisance or trespass or will in any way obstruct or interfere with the
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rights of other tenants of the Property or their invitees or licensees or injure or
annoy them.
6. HAZARDOUS SUBSTANCES/ENVIRONMENT.
6.1 Lessee shall not cause, permit or allow any hazardous
substance to be brought upon, kept or used in, on or about the Property by
Lessee, or Lessee's agents, employees, contractors, licensees, invitees or lessees,
except for such hazardous substances as may be reasonably necessary for
Lessee's possession and use of the Property pursuant to the terms of this Lease.
Any hazardous substances which by the foregoing provision are permitted to be
brought upon, kept or used in, on or about the Property and all containers
therefor, shall be used, kept, stored and disposed of in a manner that complies
strictly in all respects with all federal, state and local laws or regulations
applicable to the handling, use, storage, treatment and transportation of
hazardous substances, including but not limited to the Comprehensive
Environmental Response, Compensation and Liability Act ("CERCLA") 42
U.S.C. 9601, et seq.; the Super Fund Amendments and Reauthorization Act of
1986; the Resource Conservation and Recovery Act ("RCRA") 42 U.S.C. 960 I,
et seq.; the Clean Water Act, 33 U.S.C. * 1317, § 1321; the Clean Air Act, 42
U.S.C. 7412; the Toxic Substances Control Act, 15 U.S.C. 2606; the Washington
Model Toxics Control Act ("MTCA"), RCW Ch. 70.1050; the State
Environmental Policy Act ("SEPA"), RCW Ch. 43.216; and the Hazardous
Waste Management Act, RCW Ch. 70.105, including all amendments and.
recodifications thereof, all regulations promulgated thereunder and all future
laws and regulations enacted by any governmental authority respecting the
handling, use, storage, treatment and transportation of hazardous substances. The
tern "hazardous substance(s)" as used herein means and includes any
"hazardous waste" as defined by RCRA and the Hazardous Waste Management
Act, as amended from time to time and regulations promulgated thereunder; any
"hazardous substance" as defined by CERCLA, the Hazardous Waste
Management Act and SEPA, as amended from time to time and any regulations
promulgated thereunder; any oil, petroleum products and their byproducts; and
any substance or waste with respect to which the handling, use, storage, treatment and
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transportation thereof on crops, soil, water and equipment is or becomes regulated by
any federal, state or local government authority.
6.2 Lessee shall defend, indemnify and hold Lessor completely
harmless from any breach or violation of the prohibitions imposed upon Lessee
by this section. Indemnification includes, without limitation. any and all costs or
expenses (including all claims, damages, fines, judgments, penalties, liabilities,
loss, attorneys' fees and consultant and expert fees) of any kind or nature
incurred because of any testing, assessments or investigations of the Property or
any cleanup, removal, remediation or restoration of the Property mandated or
threatened by any federal, state or local agency or political subdivision or
voluntarily undertaken and specifically includes any and all such costs or
expenses due to hazardous substances that flow, diffuse, migrate or percolate
into, onto or under the Property after the date of this Lease.
7. ALTERATIONS ANIS ADDITIONS. Lessee shall not make or allow to be
made any alterations, additions or improvements to or of the Property, or any part thereof,
without the prior written consent of Lessor and, except as is otherwise provided hereinafter
in this section, any alterations, additions or improvements to or of the Property, including
but not limited to, structures, buildings, wall covering, paneling and built-in cabinet work,
but excepting movable furniture as well as trade fixtures which 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 subject to Section 18 of this Agreement. Upon the expiration or
sooner termination of the Lease term, Lessee shall, upon written demand of Lessor given at
least thirty (30) days prior to the end of the Lease term, forthwith and with all due diligence,
remove any alterations, additions, or improvements by Lessee designated by Lessor to be
removed and repair any damage to the Property caused by such removal.
8. RETURN OF THE PROPERTY. On the date of termination of this Lease,
Lessee shall return the Property to Lessor in as good a condition as the same was at the time
Lessee took possession hereunder, natural deterioration, depreciation, reasonable wear and
tear due to reasonable use and occupancy in conformance with the provisions of this Lease
and Acts of God alone excepted. Notwithstanding any provision in this Lease relating to the
exception of natural deterioration, depreciation and reasonable wear and tear due to use and
occupancy, Lessee shall, at Lessee's own cost and expense, at all times keep the Property in
Page 4 of 17
a neat, clean and sanitary condition, keep the glass of all windows and doors clean and
presentable, immediately replace any glass as may become cracked and broken with glass of
a like kind and quality, and at all times maintain the Property in such a state and condition
as is consistent with the operation of a clean, sanitary property.
9. FORCE MAJEURE. If either of the parties hereto shall be delayed or
prevented from the performance 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 fault
and beyond the control of the party obligated (financial inability or difficulties of Lessee
excepted), then performance of such act shall be excused for the period of the delay and the
period of the performance of any such act shall be extended for a period equivalent to the
period of such delay; provided that nothing in this section shall excuse Lessee from the
prompt payment of rent or other charges required of Lessee hereunder, unless expressly
provided otherwise elsewhere in this Lease; and provided further that nothing in this section
shall extend the term of this Lease beyond the termination date hereinabove set forth.
10. GOVERNMENTAL AUTHORITY. Lessee shall comply with all rules,
ordinances and regulations of the County of Grant, State of Washington, the federal
government and its agencies and all other governmental or quasi -governmental authorities
with jurisdiction as may be required or imposed by any such authorities on Lessee, the
Property, or Lessee's use, occupancy or control thereof; and shall comply with any direction
pursuant to law of any public official or officer who shall impose any duties upon Lessee
with respect to the Property or the use, occupancy or control thereof, or the conduct of any
business therein. Further, if as a result of the imposition or enforcement of any
governmental rules, ordinances or regulations it is required the Property be repaired,
remodeled or altered on account of any acts or omissions 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 damages resulting therefrom or
approximately caused thereby.
11. WASTE. Lessee shall not commit or permit spoil or waste of or to any of the
Property and shall peacefully sun -ender possession of the Property on the date of
termination of this Lease in a clean and neat condition, free and clear of all refuse and
debris.
Page 5 of 17
12. MAINTENANCE AND REPAIR BY LESSEE. Lessee shall throughout the
Lease term and so long as Lessee remains in possession of the Property, keep and maintain
the entire Property, including all improvements and components thereof, in good operating order
and repair, reasonable wear and usage and Acts of God excepted.
13. UTILITIES. Except as may otherwise be specifically provided herein, Lessee
shall pay all charges for utilities and services to the Property, which shall include but not be
limited to, charges for water, sewer, heat, light, gas and refuse disposal, and any other
charges assessed against the Property as a result of Lessee's use and/or occupation thereof as
the same become due and payable and shall not permit liens, executions or attachments to
exist against the Property by reason of nonpayment thereof.
14. INDEMNITY. Lessee covenants to defend indemnify and hold Lessor
harmless from and against all claims, liabilities and damages of whatsoever cause and
whatsoever kind arising out of or in connection with the possession, use or operation of the
Property, by Lessee or Lessee's agents, employees, independent contractors, successors,
assigns, family, invites, licensees, or any third persons either lawfully or unlawfully on the
Property, excepting only claims, liabilities and damages proximately caused by or resulting
from the failure of Lessor to properly perform any of Lessor's obligations with respect to the
Property required by the provisions of this Lease.
15. INSURANCE.
15.1 Lessee shall procure and maintain in force, without cost or expense to
Lessor, on the commencement date of this Lease and throughout— the Lease term or as long
as Lessee remains in possession of the Property, with insurance carriers licensed to do
business in the State of Washington, a policy or policies of insurance providing the
following coverages with respect to the Property and the use and occupancy of the Property
by Lessee:
Broad form comprehensive general liability insurance covering
bodily injury and property damage, with liability limits of not
less than $ J,000,000, per occurrence.
11. Special form or risks of direct physical loss coverage, insuring
all equipment, fixtures, improvements, structures and buildings
which are now or hereafter part of the Property in amounts equal
to the full replacement value of all buildings and improvements
and the actual cash value of all equipment.
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 modified for any reason without fifteen (15) days
prior written notice to Lessor. In connection 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 this
Lease and with renewal certificates within ten ( I 0) days of the annual renewal of each such
policy. If requested by Lessor, all policies required under this section shall name any
mortgagee 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 such policy shall be deposited
with such loss payee.
15.2 Notwithstanding the foregoing provisions of this section, in the event
Lessee is not able to procure the special form or risks of direct physical loss coverage
insurance required by paragraph I 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 insurance proceeds from the policy of
insurance required by this section 15 resulting from physical loss of equipment, fixtures,
improvements, structures and buildings which are now or hereafter become part of the
Property, all such insurance proceeds shall be applied to the complete rebuilding and
restoration of the Property or any such damaged part thereof. In the event there are any
insurance proceeds remaining after the complete rebuilding 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.
16.1 If the whole of the Property should be taken under government power
of eminent domain 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 refund to Lessee
of any unused 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 full force and effect.
Page 7 of 17
The rent shall be adjusted if Lessee's business is reduced because of the taking and the
amount of any adjustment shall be agreed upon between Lessor and Lessee. If the parties
are unable to agree whether or not the remaining portion of the Property remains tenantable
for Lessee's purposes or as to the amount of rent adjustment, either Lessor or Lessee may
for a period of thirty (3 0) days following the taking, terminate this Lease 'by giving ten (10)
day's notice to the other. On termination, Lessor shall refund to Lessee any unused rent paid
in advance.
16.3 All damages awarded for taking under the power of eminent domain
or private condemnation, whether for the whole or a part of the Property, shall be the
property of Lessor, whether such damages be awarded as compensation for diminution in
value of the leasehold or to the fee of the Property and Lessee hereby expressly waives any
claim to any part thereof; provided that Lessee shall have the right to claim and recover
from the condemning authority, but not from Lessor, such compensation as 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 condemnation and for or on account of any
cost or loss to which Lessee might be put in removing Lessee's merchandise, furniture,
fixtures, leasehold improvements and equipment, including any loss of goodwill and
securing a new leasehold.. Notwithstanding anything to the contrary contained herein, in the
event of any total or partial condemnation, Lessee shall not have any claim against Lessor
for the value of any unexpired term of this Lease.
17. DAMAGE TO THE PROPERTY". Notwithstanding anything to the contrary
contained herein with respect to Force Majeure, if the Property is destroyed or damaged by
fire, earthquake, or other casualty to such an extent as to render the Property wholly or
partially unfit 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 destruction. Upon the giving of such notice, this Lease shall be deemed
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 damage or
destruction and the availability of workmen and supplies and during such period of
rebuilding or restoration, 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 entirely on
the basis of the diminution of the business of Lessee caused by the loss of area and/or
restoration.
18. FIXTURES AND EQUIPMENT. Any fixtures or equipment of any kind
whatsoever placed upon the Property by Lessee shall remain the property of Lessee and be
at the sole risk of Lessee, unless provided otherwise herein. On or prior to the termination of
this Lease such fixtures or equipment may be removed by Lessee if removal will not result
in damage to the Property. If such fixtures or equipment can only be removed by damaging
the Property, then Lessee has the option of removing the same or allowing said fixtures or
equipment to remain in place and become part of the Property and the property of Lessor. In
the event Lessee exercises Lessee's option to remove said fixtures and equipment and
removal will result in damage to the Property, then Lessee shall pay Lessor for the repair of
the damage to be caused in an amount 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 free of any claims or interest of Lessee.
19. INSPECTION. During the Lease term, Lessee shall permit Lessor, and
Lessor's agents, representatives and designees free and unlimited access to the Property at
al[ reasonable times for the purpose of inspection or of making repairs, additions or
alterations required. of Lessor by this Lease or to portions of the Property under the control
of Lessor, if any; provided that this right to enter and make repairs shall not be construed as
an agreement or requirement on the part of Lessor to make any repairs, additions or
alterations to the Property unless specifically required of Lessor in this Lease. Lessor shall
have the right to place and maintain "For Sale" and/or "For Rent" signs in conspicuous
places on the borders of Property.
20. FAILURE TO PAY OR PERFORM. If Lessee fails to pay any sums required
to be paid to any third parties by this Lease in the full amount and precisely at the times
required or fails to provide or maintain insurance or to perform any other act(s) herein
required, Lessor may (but shall have no obligation) make any such payment, effect such
insurance or to perform any such act(s) and all sums paid or expenses incurred by Lessor
thereby, including attorneys' fees and interest on all of said sums at the rate of ten percent
(10%), per annum, from the dates of payment or expenditure until repaid, shall be payable
Page 9 of 17
by Lessee to Lessor immediately on Lessor's demand, all without prejudice to any other
rights Lessor may have by reason of such defaults.
21. ABANDONMENT. Should Lessee abandon the Property while in default,
Lessor may take immediate possession of the Property and all improvements and equipment
thereon for the purpose of protecting and preserving the Property and may mitigate damages
by renting or operating the Property during the period of enforcement of Lessor's rights
under this Lease without prejudicing Lessor's rights or remedies under this Lease or by law
or in equity.
22. ASSIGNMENT. Lessee shall not assign, convey or transfer this Lease or any
interest herein, nor sublet the Property or any part thereof; nor shall this Lease be assigned,
conveyed or transferred or the Property sublet by operation of law, without the prior written
consent of Lessor.
23. EVENTS ®F DEFAULT. Each of the following events shall constitute an
"Event of Default":
i) If Lessee shall make a general assignment or general arrangement for
the benefit of creditors; or a receiver is appointed to take
possession of substantially all of Lessee's assets located on the
Property or of Lessee's interest in the Property or this Lease,
where possession is not restored. to Lessee within thirty (30) days
free of any such claims; or the attachment, execution or other
judicial 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
(3 0) days;
ii) If Lessee shall fall to pay Lessor any rent or other payment required
of Lessee precisely when the same shall become due and shall
not make such payment within ten (10) days after notice thereof
by Lessor to Lessee;
iii) If Lessee shall fail to perform or comply with any of the other
covenants, conditions or agreements of this Lease to be performed by
Lessee (other than payment of rent) and if the non-performance shall
continue for a period of twenty (20) days after notice thereof by
Lessor to Lessee; and
iv) If Lessee shall vacate or abandon the Property.
Page 10 of 17
24. REMEDIES. In the case of any Event of Default, Lessor shall be entitled to
exercise any, all or any combination of the following remedies including any other right or
remedy granted by law or in equity:
i) Lessor shall have the right to cancel and terminate this Lease as
well as all the right, title and interest of Lessee hereunder and
in the Property by so notifying Lessee. Upon the giving of such
notice, this Lease and the right, title and interest of Lessee
hereunder and. in the Property shall terminate in the same
manner and with the same force and effect, except as to
Lessee's liability for rent or damages for breach of a covenant,
term or condition of this Lease as if the date fixed in the notice
of cancellation and termination were the end of the term herein
originally determined.; and/or
Lessor may elect, but shall not be obligated, to make any
payments required of Lessee herein or comply with any
agreement, term or condition required hereby to be performed
by Lessee and Lessor shall have the right to enter the Property
for the purpose of correcting or remedying any such default and
to remain until the default has been corrected or remedied, but
any expenditure for correction or remedy by Lessor shall be at
the expense of Lessee and. not be deemed to waive or release the
default of Lessee or the right of Lessor to take any action as may
be otherwise permissible hereunder in the case of any default;
and/or
Lessor may reenter the Property immediately and remove the
personal property and personnel of Lessee and store the
personal property in a public warehouse or at a place selected
by Lessor, at the expense of Lessee. After reentry, Lessor shall
not be required but may terminate this Lease on giving twenty
(2O) days Written notice of termination to Lessee. On such
termination Lessor may recover from Lessee all damages
proximately resulting from the breach, including attorneys'
fees, the costs of recovering the Property, and the worth of the
balance of this Lease over the reasonable rental value of the
Property for the remainder of the Lease term, which sum shall
be immediately due Lessor from Lessee. Without notice,
reentry will not terminate this Lease. After reentry without
notice of termination, Lessor may relet the Property or any
part thereof for any term, for the rent and on such other terms
as Lessor may choose. Lessor may make alterations and
repairs to the Property; and/or
iv) Lessor may institute suit to specifically enforce any of Lessee's
covenants and agreements hereunder and/or seek damages for
breach of this Lease.
Page 11 of 17
25. CUMULATIVE REMEDIES. All the foregoing remedies are cumulative and
are given. without impairing any other rights or remedies of Lessor given by law, equity, in
other provisions of this Lease or otherwise.
26. CURJNG AN EVENT OF DEFAULT. In order to remedy any Event of
Default for which notice is 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 for the expenses incurred by Lessor for the
preparation of any necessary notice and its delivery, whether or not attorneys' fees or other
professional fees are actually incurred; and shall in addition pay to Lessor all expenses
reasonably incurred by Lessor and specified in said notice for any special reports or costs in
connection with the preparation of said notice. No Event of Default shall be deemed cured
and Lessee shall continue in default until any payments required to be made pursuant to the
provisions of this section are made in addition to payment or actions required of Lessee as
specified in said notice.
27. CONVEYANCE OF THE PROPERTY BY LESSOR. In the event of
conveyance of the Property by Lessor, Lessor shall upon such conveyance be entirely freed
and relieved of all liability under any and all covenants, conditions and agreements
contained or derived from this Lease binding upon Lessor arising out of any acts,
occurrences or omissions occurring after the consummation of the conveyance; and the
purchaser at such conveyance and any subsequent conveyance of the Property 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 be bound by all
of the covenants, conditions and agreements binding upon Lessor under this Lease, and
Lessee shall look only to such purchaser for performance of such covenants, conditions and
agreements.
28. NOTICE. Any notice, declaration, demand or communication to be given by a party
to this Lease to the other shall be in writing and transmitted to the other party by certified
U.S. mail, return receipt requested, postage fully prepaid, addressed as follows:
To Lessor: Port of Mattawa
20140 Road 24 SW STE G
Mattawa, Washington 99349
To Lessee: Grant County Sheriff
P.O. Box 37
Page 12 of 17
Ephrata, WA 98823
C__
The mailing and certifying of any such notice as herein provided shall be sufficient service thereof.
All notices given in compliance with this section shall be deemed effective two (2) business days
following the deposit thereof in the U.S. mail, irrespective of the date of actual receipt of such
notice by the addressee. Either party may by notice change its address for notice.
29. ATTORNEYS' FEES. If either patty shall be in breach or default of this
Lease, the non -defaulting party shall have the right at the defaulting party's expense, to
retain an attorney or collection agency to make any demand, enforce any remedy, or
otherwise protect or enforce such party's rights under this Lease. The defaulting party shall
pay all costs and expenses so incurred by the non -defaulting party, including but without
limitation, arbitration and court costs, collection agency charges, notice expenses, title
search expenses, and reasonable attorneys' fees (with or without arbitration or litigation),
and the failure of the defaulting party to promptly pay the same shall cause a failure of cure
of the specified default and shall in itself constitute a further and additional default of this
Lease. In the event either party hereto institutes any action (including arbitration) to enforce
the provisions of this Lease or for any cause arising out of this Lease, or to procure an
adjudication or determination of the rights of the parties hereto, the losing party shall pay or
reimburse the prevailing party for all of its court costs and reasonable attorneys' fees and
fees or costs normally charged or advanced by such attorneys for items such as title reports,
photocopies, telephone tolls, mileage, travel, boarding, expert fees, accounting fees or other
advanced costs and fees, including such costs and fees that are incurred on appeal and in the
enforcement in any judgment. In the event it is necessary for either party to employ counsel
or incur expense, in or out of court in any bankruptcy or reorganization proceedings, to
enforce, establish or protect such party's rights hereunder, such party who prevails therein or
so protects or establishes such party's rights hereunder is entitled to recover from the other
party all reasonable attorneys' fees and expenses so incurred. All payments and
reimbursements required by this section shall be due and payable on demand, and may be
offset against any sums owed to the party so liable in order of maturity, and shall bear
interest at the rate of twelve percent (12%), per annum, from the date of demand to and
including the date of collection or the due date of any sum against which the same is offset,
as the case may be.
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30. TIME OF ESSENCE Time is specifically declared to be of the essence of
this Lease and of the payment of all sums and the performance of all acts required to be
done and performed by the parties hereto.
31. SECTION HEADINGS. The capitalized and underscored word or words
appearing at the commencement of sections and paragraphs of this Lease are included only
as a guide to the contents thereof and are not to be considered as controlling, enlarging or
restricting the language or meaning of those sections or paragraphs.
32. NUMBER AND GENDER. The use of any gender or neutral term shall
include all genders, and the use of any number shall be construed as singular or plural, as
the case may require. The terms "Lessor" and "Lessee" refer to either the singular or the
plural, as the case may be.
33. INVALIDTTY. In the event any portion of this Lease should. be held to be
invalid by any court of competent jurisdiction, such holding shall not affect the remaining
provisions hereof. In all provisions of this Lease where Lessee may be obligated to pay
interest to Lessor, it is the intention of Lessor to charge a lawful rate of interest, and in the
event it is determined by any court of competent jurisdiction that any rate herein provided
for exceeds the maximum permitted by law for a transaction of the character evidenced by
these presents, the amount so determined to be above the legal rate shall be applied against
principal due hereunder or, if such principal has been paid, or otherwise at the discretion of
the then holder of this Lease, said excess shall be refunded to Lessee on demand without
interest, and the interest rates specified hereunder shall be reduced to the maximum rate
then permitted. by law for the type of transaction to which this Lease pertains.
34. DEFENSE AND INDEMNITY. All covenants, promises, conditions and
agreements made herein by each party to this Lease shall include as a specific part thereof a
covenant to defend, indemnify and hold harmless the other party to this Lease from and
against any and all claims, liabilities or damages resulting from a breach or default in the
performance of such covenant, promise, condition or agreement. Further, all cost and
expense required for or occasioned by compliance with a covenant, promise, condition or
agreement by which 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. WAIVER. No assent, express or implied, by Lessor to any breach in the
performance by Lessee of any of Lessee's covenants, agreements, conditions or terms hereof
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shall be deemed or taken to be a waiver of any succeeding breach of any covenant,
agreement, condition or term hereof.
36. LEGAL RELATIONSHIP. The parties to this Lease execute the same solely
as a landlord and a tenant. No partnership, joint venture or joint undertaking 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 for the acts or
liabilities of the other. All terms, covenants and conditions to be observed and performed by
either of the parties hereto shall be joint and several if entered into 'by more than one person
on behalf of such party, and. a default by any one or more of such persons shall be deemed a
default on the pal i of the party with whom said person or persons are identified. Unless
otherwise specifically provided herein, no third party is intended to be benefitted by this
Lease. Any married person executing this Lease hereby pledges his or her separate Property
and marital communities in satisfaction hereof.
37. APPLICABLE LAW/CONSTRUCTION/VENUE. This Lease shall be
governed and interpreted in accordance with the laws of the State of Washington. In the event
of conflict between this Lease and any exhibits or documents attached hereto, the terms of this
Lease shall be controlling. In the event this Lease is in conflict with the provisions of any laws
or statutes governing the subject matter hereof, such laws or statutes only to the extent of such
conflict shall be controlling. The venue of any action brought to interpret or enforce any
provision of this Lease shall be laid in the county in which the Property is situated. All sums
herein referred to shall be calculated by and payable in the lawful currency of the United States.
38. ENTIRE AGREEMENT. This Lease contains the entire agreement of the
parties hereto and, except for any agreements or warranties otherwise stated in writing to
survive the execution and delivery of this Lease, supersedes all of their previous
understandings and agreements, written and oral, with respect to the subject matter 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 to the extent
that the same are expressed in this Lease. This Lease may be amended only by written
instrument executed by Lessor and Lessee or their lawful successors and assigns subsequent
to the date hereof.
Page 15 of 17
39. EFFECT OF SIGNATUR.ES. All signatures below a representative
signatures provided in each signatory's representative capacity.
40. HEIRS AND ASS[GNS. The terms, covenants, agreements and conditions of
this Lease are binding upon and shall inure to the benefit or detriment of the legal
representatives, assigns ssigns and successors in interest to the parties hereto.
Page 16 of 17
Port of Mattawa 2024 Small Office Lease
BOARD OF COUNTY
COMMISSIONERS
G - -NZ COUNTY, HINGTON
A
Cindy Carte O Chair
ATTEST: Danny Stone, Vice -Chair
Barb ra J. Vasq e R. Jon er
Cler of the Boar,/
Approved as to form:
Rebekah kl'9"Ior, WSBA #63'��
Civil Deputy Prosecuting Attorney
11
Dated this of , 20
signature
-'I
.,ounty Sheriff s Office, a Washington law enforcement department of Grant County
Approved as to form:
Date
SBA#
Date
Grant County Prosecutor's Office
Civil Appellate Division
P.O. Box 37
Ephrata, WA 98823
509-754-2011
Email
Page 17 of 17