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EllensburgPalletsLLCLease
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05. May
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2017-05-02 10:00 AM - Commissioners' Agenda
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EllensburgPalletsLLCLease
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Last modified
1/16/2018 2:53:55 PM
Creation date
1/16/2018 11:49:50 AM
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Meeting
Date
5/2/2017
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
o
Item
Request to Approve a Lease for Lot C-38 of the Kittitas County Airport Amended Binding Site Plan, Along with Buildings Upon said Lot with Ellensburg Pallets, LLC
Order
15
Placement
Consent Agenda
Row ID
36349
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KITTITAs COUNTY <br />being violated. If said failures are not corrected within the ten (10) day period, this lease may be <br />terminated and the Lessor shall be entitled to peaceably retake possession of the premises. <br />22. MODIFICATION OR TERMINATION: Lessee and Lessor agree that Lessor may, at Lessor's <br />sole discretion, modify the terns of this lease in whole or in part, including but not limited to <br />any term or condition of this lease, including cancelling the unexpired portion of this lease and <br />re -letting the property to another tenant, in the event that any regulation governing airports or <br />county property is amended in a way that impacts the Lessor's ability to lease, use, control, <br />protect, or maintain the Property. For the purposes of this section, "regulation" is defined to <br />include, but is not limited to: case law interpreting any rule or regulation; any federal rules and <br />regulations, including Federal Aviation Administration rules and regulations; state rules and <br />regulations; and local rules, regulations and ordinances. <br />In the event that Lessor shall elect to modify or terminate this lease, Lessor shall do so only upon <br />one hundred twenty (120) days written notice, notifying Lessee, at Lessee's address of record, <br />that the lease to which this applied is being so modified or terminated. <br />Upon receipt of such notification, and in the event the notification specified modification of the <br />lease short of termination, Lessee shall have sixty (60) days in which to notify Kittitas County of <br />Lessee's intention to continue the lease as modified or of Lessee's intention to treat the lease as <br />terminated. <br />In the event that Lessee elects to treat the lease as terminated, all rents shall be pro -rated to the <br />date Lessee shall have restored the premises to the Lessor in accordance with the terms of the <br />lease agreement governing Lessee's duties to restore the premises to Lessor upon expiration of <br />the lease term. <br />It is further agreed that neither such modification or termination of this lease nor any subsequent <br />re -letting of the premises, in whole or in part, shall give rise to any cause of action for damages <br />or any other form of relief by Lessee against Lessor or any successor lessee. <br />In the event of such modification or termination, Lessee understands that other than a refund of <br />any unearned rent prorated to the date Lessee has restored the premises to Lessor, Lessee shall <br />have no claim for compensation as occasioned by said modification or termination. <br />23. WAIVER: No assent, express or implied, by the Lessor to any breach of any of Lessee's <br />covenants, agreements, conditions or terns hereof shall be deemed or taken to be a waiver of <br />any succeeding breach of any covenant, agreement, condition or term hereof. <br />24. VENUE. In the event of any litigation between Lessor and Lessee arising out of this lease, the <br />venue for such action shall lie in Kittitas County, notwithstanding any contrary provision of the <br />Revised Code of Washington. <br />25. APPLICABILITY: The covenants, agreements, terms and conditions contained in this lease <br />shall apply to and be binding upon Lessor and Lessee and their respective heirs, executors, <br />administrators, successor and assigns. <br />26. INTEGRATION: Exhibits and Recitals are incorporated herein by this reference. This Lease <br />embodies the entire agreement between the parties with respect to the subject matter herein <br />PAGE 6 <br />
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