HomeMy WebLinkAboutAgreements/Contracts - Sheriff & JailADDENDUM #2
EXTENSION OF CURRENT AGREEMENT
THIS AGREEMENT is Addendum #2 to the Grant County Sheriffs Office
Lease Agreement entered into with Steve and Chris Molitor for the property
known as 391 Limit Street, Ephrata, WA.
1. This amendment (Amendment) is made by Grant County Sheriffs Office
and Steve and Chris Molitor parties to the November 10., 2016
Agreement and November 20, 2017 Addendum, Attached as Exhibit A.
2. The Grant County Sheriff's Office and the Molitors mutually agree to
amend the monthly payment agreement to $1,400.00 per month,,
continuing on a month-to-month basis until such time as either party
desires to terminate the agreement.
3. Grant County Sheriff's Office and the Molitors mutually agree that all
other terms and conditions et forth in tha certain agreement, excepting
the payment as set forth abov e, shall re ain the same.
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BOARD OF COUNTY COMMISSIONERS
LESSORS
:Z
ell Z, 12- >-
Dann Stone, Chair Dat d Steve Molitor Date
07
Rob Jones, Vice Chair Date
Chris Mc(litor Date
r f
Cindy Carter, Member Date
GRANT COUNTY SHERIFF'S
OFFICE
APPROVED AS TO FORM:
Rebekah M-, Kaylor, WSBA 53257
Chief Civil Deputy Prosecuting Attorney
Grant County Prosecutor's Office
Return Address Lessors:
Steve &Chris Molitor
706 C Lost River Road
Maza ma, WA 98833
ATTEST:
Date
Barbara Vasquez Date
Clerk of the Board �/,�� �/��'''
Exhibit A
ADDENDUM#1
EXTENSION OF CURRENT AGREEMENT
THIS AGREEMENT is Addendum #1 to the Grant COLinty Sheriffs Office Lease
Agreement entered into with Steve and Chris Molitor for the property known as 391
Lira Street, Ephrata.
WHEREAS, the Grant Sheriff's office and the Molitors Mutually agree, to amend
the term, of this agreement to payment on a month'to. month basis until sUCh tiMe as
either party desires to terminate the agreemen t.
WHEREAS, Grant Sheriff's Office and the Molitors mist agree that all other
terms and conditions set forth in that certain agreement, excepting duration as set forth
above, shall remain the same.,
BOARD OF COUNTY COMMISSIONERS
Cindy Carter, Chair Date
Richard Stevens, Member Date
Tom Taylor', Merg ber' Date
I---
G1--Z,A1,-�,(T COU1,4TY'Si-iEPNIF17- 7, S
OFFICE:
Tom Jone Date
LESSORS
Steve Moli"Itor Date
...........
Chris Molitor
A A17 E
TT
j
eiBarbar
a J. Vasquez Date
Clerk of the Board
Return Address:
Steve and Chri's Molitor
706 C Lost River Road
Manama, WA. 98833
COMMERCIAL LEASE
Grantor(s) (Lessor),.,. Steve and Chris, Molitor, husba.nd and wife,
Grantee(s) (Lessee): Grant County by and through the Grant County Sheriff's office
Legal Description (abbreviated): A portion of Section 14, Township 21 North, Range 26 E.W.K, Grant
County, Washington..Additional, Legal below.
Assessor's T'a,x Parcel ID#,: Tax # 7808 in NE of' Sec, 14-21-26
q,k
Parties
Less.or/Molitor, Steve and Chris Molitor
I I husband and wife,
husba i'
1.2., Le�see/GCSO: Grant County by and through the Grant County Sheriff's Office.
Agreement
2.2. Agreement to lease, Molitor agrees to lease to, Lessee and Lessee agrees to lease from Molitor
the Property.
Terms
3.1 Re, Pro pertv. The Property is the properly commonly known as 391 Limit Street Nt: Ephrata,
WA. 98823, and more fully described as follows:
THE FENCED AREA AND BUILDING AS SHOWN ON ATTACHED EXHIBIT "All
and loc,,--Ifn�d on a porlinj-1 ciftj-,E-� cj c v..*,
ving deisrxil--ied re -al est,, -0e .Uucaled in 1he Countyt, ol'
Grant, State of Washington:
A portion of the East 1/2 of the Northeast corner of the Northwest 114 Commencing at the
Northeast IX of Section 14, Township 21 North, Range 26 E. W, M., Grant County,
Washington" thence North 89121' East along the North Line
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at said section 14 a distance of 16.62 along feet to an intersection with the Center line of
the Ephrata Airport railway spur line, thence South 6033% East along the center line of
said railway spur a distance of 2194,:40 feet, thence North 83'27' East a distance of 40
feet to the true point of beg -tinning; thence North 831127' East 185,00 feet, thence North
08°33' Fest a distance of 1000,00 feet,- thence South 830271 West a distance of 185,00
feet, thence South 6033* East 1000.00 feet to the true point of beginning.
Subject to Easements., restrictions and reservations of record.
Tax # 7808 in NE of Sec. 14-21-26
3.2. Term of Lease. This lease shall commence on the 1st day of January, 2017. This
lease shall terminate on the 31st day of December, 2017,
3.3. Monthly Rent. For the period beginning January 1, 2017, and ending December 31,
201 T the monthly rental shall be one thousand two hundred forty three and 35/100
($11243-34. All payments shall be. in U.S. currency. Al[ rental payments sfial] be.
payable in advance on or before the, 15thdad of each calendar month.
3.4, Rental Increase, This is a yearly contract with no additional. increases
3.5. Place of' PayL- rents shall be made at:
nent. All payments of
Steve and Chfis Molitor
706 C Lost River Road
Manama, WA.. 98833
or at such other* place as M0111tor may direct in writing.
3. 6, Late Payment Penalk If payment is received later than 5:00 pm, on the 25th day of
the month, there shall be a late payment penalty in addition to the rental payment
due, The late payment penalty shall, be five percent (5%) of the late paiyment.
3.7.As Mi nwent or SgLlettin
A. Lessee may not assign, this Lease or sublet the Property
without the prier consent of Molitor, which shall not be unreasonably withheld.
18. Use, The [eased Property shall be used by Lessee for the purpose of warehousing
and storage, and for no other purpose,
19. Structural chanes or Remod' Lessee shall not make any structural or
rraniodp,[Ung \,ti jtl-IOU[ l700r WN i C1 .,
WC -11-1 - P[tI-'OV,':fl Of 1ADNOr.
I - c u i -i d e. rs-t a n r
any improvements made shall not abate the rent and shall be theproperty of Molitor
at the termination of this Lease, unless otherwiseagreed to in writing by Molitor.
Lessee has permission to change out the man, door on the southwest side of
building.
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3.10. Destruction of Prop ert . In the event the Property is partially or totally destroyed
by fire, the elements or other casualty, Molitor shall nonetheless cause the Property
to be reconstructed as nearly as practicable to its condition prior to the destruction;
but only if.the cost of reconstruction does not exceed the insurance proceeds. Such
reconstruction shall be promptly commenced and diligently prosecuted. Rent shall
be abated during such time as the Property is not tenantable for the purpose
contemplated by this Lease,
311. of Prop,erfx/
U-1
(a) Partial Destruction. In caseof partial destruction or injury to said Property by fire,
the elements or other casualty, Molitor shall have the option to repair the premises
or terminate the Lease. The rent shall be equitably abated until completion of any
repairs.
(b.) Total Destruction. In the event the Property Is substantially or totally destroyed by
fire, the elements or other casualty, Molitor shall' have the option to reconstruct the
property or terminate the Lease. Rent shall be abated duri'hg such time as the
Property is not tenantable for: the purpose contemplated by this Lease.
3.12. ondemnafion of Pr
-P-a-FV-1c9-1-T-a-W-1,nq-, If part of the Property shall be taken by any competent authority for
any public or quasi public use or purpose., the rent shall be equitably abated.
Provided, Lessee shall also have the option to terminate the Lease if the taking
materially interferes with Lessee's use of the Property,
(b) Total TqK[M If the whole of the Property shall' be taken by any competent
authority for any publicor quasi public use or purpose, the term of this Lease shall
end on the date when the possession of the part so taken shall be required for
such Use or purpose.
(c) Entitlement to Damgges. All damages awarded for any taking shall belong to and
be the property of Molitor, but nothing herein shall be construed as precluding
Lessee from asserting any claim Lessee may have against such public authority
for taking of the Property of Lessee, disruption or relocation of Lessee's business,
and: any such damages shall belong to Lessee,
3.13, Service of Notices. All notices shall he in writing. All notices to be given to
Lessee may be served on Lessee personally,, cr on any person of i-najorily at the
demised Property, or by leaving said notice on the demised Property, or by sending
notice by U, S. Mail, postage prepaid, addressed as follows:
Grant County Sheriff's Office
P.O. Box 37
Ephrata, WA, 988,23
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All notices to be given, to Molitor may be served on Molitor personally, or by sending notice by U.
S. Mail, postage prepaid, addressed to Molitor at:
Steve and Chris Molitor
706 C Lost River Road
Mazania, WA, 98833
OF such other! place Molitor may direct. in writing. Notice shall be deemed delivered on the date of delivery
if personally,delivered or on the date of postmark if malted., All notice periods shall begin and end on
rnidnight,
3.14. Vacatim Upon Termination. Lessee further covenants and agrees that Upon the
expiration of said term, or upon the termination of the Lease for any cause, Lessee
w4l at once peacefully surrender and deliver up the whole of the above-described
Property together with all improvements (except any surveillance or alarm systems
installed by Lessee) thereon to Molitor, Molitor's agents or assigns igns unless Lessee
shall have acquired the right to remain through another written agreement or written
extension of this Lease. Lessee will return the Property in like condition as it was at
the beginning of the term, reasonable wear and tear excepted
3.1 5, Insurance.
(a). E[ogerty Insurance. Lessor shall, at Lesson's expense, maintain on the Property
and contents a policy of standard fire insurance with extended coverage in a.h
amount equal to replacement value.
(b). Liability Insurance, Lessee shall at Lessee's expense maintain comprehensive
liability insurance on, the Property in an 2Mount not less than One Million Dollars
($1000,000.0. Molitor shall be, an, additional insured on such policy,,
(c). Delivery of Poligy., Lessee shall deliver to Molitor a copy of the policies and the
declaration pages prior to entry on the Property.,
3.16, . Lessor shall pay all real property taxes on the Property. Lessee will pay
all applicable. personal property taxes for equipment or inventory maintained on the
Property and will pay all: other taxes arising from Lessee's use of the Property,
117, Maintenance and hepar by Mo[itor. M*olitor shall be responsible' for maintaining
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the roof, the outside appearance of the building, the structural integrity of the
building, and the parking, lot; provided, the Lessee shall be responsible for the day-
tc--dcaly r-naintenance-, of the p-arking loll, including Fill snow nnd ice r(:-irrinval ancl,
,.i
removal of any other, obstructions constituting a h . azard,
3,18. Maintenance and Rgpair bv Lessee. Lessee accepts said Property in its present
condition and agrees to keep said Property in a gqod clean condition, to commit no
waste thereon and to obey all laws and ordinances affecting said Property, Lessee
shall be responsible for all maintenance and repair necessitated by vandalism or
negligence of any party other than Molitor. Lessee shall be responsible for ala interior
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maintenance or repair, including paint, carpet., plumbing, electrical and mechanical.
Lessee shall keep the Property free of weeds or other debris.
3.19. Utilities. Lessee shall make arrangements for and pay all utilities, including, but
not limited to water, sewer, garbage, gas and electricity.
3.20, Inspection. Molitor shall have the right to enter and inspect the leased Property
during business hours after giving Lessee not less than 48 hours written notice of
the date and t1m:e of any such inspection.
3.21, Indemnity/bold Harmless. Lessee agrees that at the sole option of Molitor,
Lessee shall either indemnify or shall defend and hold Molitor . and its officers,
employees, contractors and agents harmless from all claims for damages to persons
or property occurring on the Property during the term of the Lease arising as a result
of Lessee' negligence, Including claims by agents or employees of Lessee. Lessee
waives its immunity under industrial 'insurance., ritle 51 RCWj to the extent
necessary to effectuate this Indemnification/hold harmless agreement.
3, 22. Lessee's Environs gntal'Ind�eniti!!.fication/Ho,ld !jqrmless. Lessee agrees that at
the sole option of the Molitor, Lessee shall either Indemnify or shall defend and hold
Molitor and it officers, employees, contractors, and agents harmless from all costs or
liabilities arising from any envilronmental contamination or noncompliance with any
applicable federal, state or local environmental law, regulation or ordinance now or
hereafter in force, pesultino from rthe operatigns of Le3seo, its a.genfs, employees,
contractors or invitees, This indernnification/hold harmless Includes, without
limitation, all claims *udgments, damages
claims~ I (including natural resource damages),
penalties, fines and costs incurred in connection with any site *investigation to
determine the presence or extent of any contamination', as well as the costs of any
cleanup, removal or remedial work, whether or not it is required by any regulatory
agency. Such costs shall include reasonable environmental consultants and attorney
fees. This indernnIfication/ ' hold harmless clause shall survive the expiration or earlier
termination of this lease.
3,2 3. Lessee's Com fiance with Environmental Laws. Lessee shall not use, or permit
the premises to be used,. In a manner that violates any applicable federal, state or
local law, regulation or ordinance now or hereafter in force. This includes, but is not.
limited to, any law, regulation, or ordinance pertaining to air or waterquality or
emissions ; the handling, transportation, storage, treatment, usage or disposal of
toxic or hazardous substances; or any other environmental matters. Compliance
shall be at the sole cost and expense of the Lessee, its agents, employees,
cor-iii-actors ur invite -es. LE,'SS e -E-,', Shelli ii-nmediately notify lvlolft,or of any spills,
releases, or other potential failures to comply with applicable environmental law and
regulations, and of any inspections, notices, orders, fines or communications
originating from environmental regulatory agencies, Molitor, its officers, employees,
contractors, or agents, shall have the right, but not the duty, to inspect the premises,
including Lessee's records pertaining to environmental compliance with applicable
environmental laws and regulations and this lea'se agreement. If Lessee is found to
be in violation of this lease agreement or any applicable environmental law or
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regulations, or if environmental contamination Is detected, Lessee shall be
responsible for all costs associated with such contamination or noncompliance,
3-24. PJtorngyfees. In the event any party employs legal counsel to enforce any
covenant of this lease, Or to Pursue any other remedy on default as provided herein,
or by law, the substantially prevailing party shall be entitled to recover all reasonable
attorneys' fees, appraisal fees, title search fees, other necessary expert witness fees
and all other costs and expenses notlimited to court action. Such sum Shall be
included in any judgment or decree entered.
3.25, VenUe, The venue ofany action instituted to collect on this lease Or any portion
thereof, shall be in, Grant County, Washington.
3.26., Cancel],ation. Termi ation. or Default. If Lessee defaLlItS in thepaynient of rent
and such default shall not have been cured within thirty (30) days after such default,
Molitor may', upon obtaining court urt approval,, re-enter and takePossession of the
Property, remove .all persons and property and Molitor may at Molitor S option,
terminate this Lease, Molitor may at Molitor's option, be entitled to recover from
Lessee any rents and charges equivalent to rent reserved In this Lease until
vacation, of the Property and removal of all Lessee's, equipment, inventory and other
personal property,
If Lessee defaults In the payment of any other Item to be paid by Lessee or in the
Performance of any other term or covenant and such default shall not have been
cured within thirty (30) days after such default, Molitor May,, upon obtaining court
approval, re-enter and take possession of the Property, removeall persons and
property and Molitor may at Molitor's options, terminate this Lease. Molitor may
at Moltior's option, b,,e entitled to recover from Lessee any rents and charges
equivalent to rent reserved in this Lease until vacation of the Property and
removal of all Lessee's equipment, inventory and other personal property.
3,27.Elight, to Mortgage. Molitor may encumber the Property by Mortgage, se uring
such sum or sums and upon such terms and Conditions as Molitor may desire., but
any such mortgage or mortgages so given shall be subject to the rights ofLesseeherein, and shall not affect this Lease.
3.28. Quiet Enioyment.. Molitor covenants and agrees that Lessee, upon performance
of all the Lessee's obligations under this Lease, shall lawfully andquietly hold,
occupy and enjoy the premises during the term of this Lease without disturbance by
Mol"Itor or hy any p�:avi
son hno kif-1, parean-tount to Molitor's iifle or 11- cawly person
claiming under Molitor,
3.29.
s Clause. Nothing in this Agreement shall be construed so as to require
the commission of any act contrary to law, and wherever there is any conflict
between any provision of this Agreement and any material statute, law, public
regulation or ordinance, the latter shall prevail, but in such event, the provisions of
this Agreement affected shall be curtailed and limited only to the extent necessary to
bring it within legal requiremehts,
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3,30, Number; Gender; Permissive Versus Mandatory Usage, Where the context
Permits, references to the singular shal.1 include the plural and vice verse, and to the
neuter gender shall include the feminine and masculine. Use of the word H may" shall
denote an option, or privilege and shall impose no obligation upon theparty,which
may exercise such option or privilege; use of the word shall" shall denote a duty or
an obligation.
3-31, Qaptions and Construction. The captions in this Lease are for the conv nience of
the.reader and are not to be considered in the Interpretation of terms.
3,32. Facsimile CODIeS. T'he, parties agree. that this agreement may be transmitted
-between them by facsimile machine, The parties intend that faxed signatures
constitute original s-gnaturesand that a faxed agreement containing the s ,,natures
(original or faxed) of all the parties is binding on the parties.
3,33. Entire Agreemeni
t, This Lease contains the entire agreement between theparties
hereto, 'and there are no verbal or other agreements which modify or affect this
Lease except as referenced herein.
Date., /( -- / 0 — 2,C1 / 6
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