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2017
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05. May
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2017-05-02 10:00 AM - Commissioners' Agenda
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Lease DPW
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Last modified
6/13/2018 12:01:20 PM
Creation date
6/13/2018 12:00:54 PM
Metadata
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Template:
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
Fully Executed Version
Supplemental fields
Alpha Order
q
Item
Request to Approve a Lease for Lots C-5 and C-6 of the Kittitas County Airport Amended Binding Site Plan with Kittitas County Public Works Equipment Rental and Revolving Fund
Order
17
Placement
Consent Agenda
Row ID
36349
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KITTITAS COUNTY AIRPORT <br />imposition or attempted imposition by any person upon the County of any liability, <br />obligation , or cost of whatever form arising from or related to the environmental condition <br />of the Premises or from a violation, or alleged violation by the Lessee, of from a failure, <br />or alleged failure of the Lessee, to satisfy a requirement of any environmental or land <br />use law or regulation (other than environmental losses that arise from the negligence or <br />willful misconduct of the County). The County acknowledges and agrees that the Lessee <br />shall have no liability whatsoever arising out of pre-existing contamination, to which the <br />Lessee's indemnification set forth herein shall not apply, except to the extent of any <br />release or exacerbation of pre-existing contamination caused by the activities of the <br />Lessee or anyone acting by, through , or under the Lessee that results in a violation of or <br />liability under applicable environmental law. <br />8) INSPECTIO~ <br />Lessee agrees that the County and its employees, and agents from the Department of <br />Ecology , Environmental Protection Agency, and any other governmental agency <br />involved in environmental protection, have the right to make inspections any time during <br />normal operating hours, without notice. If it is determined that Lessee has violated <br />federal or state environmental control laws or regulations, upon ten (10) days written <br />notice, Lessee must immediately commence and diligently pursue a permanent solut ion <br />to the satisfaction of federal, state or local agencies, or vacate the premises (as <br />specifically provided for in the Default Section herein). All costs required to remedy the <br />problem shall be at the expense of the Lessee . <br />9) LEASEHOLD IMPROVEMENTS: <br />Upon termination of this lease , for whatever reason and under whatever circumstances , <br />all improvements remaining upon the leased premises become the property of Lessor, <br />free and clear, without any liability to Lessee. Should Lessor desire the removal of <br />Lessee's improvements upon the date of lease termination, Lessor shall give Lessee <br />written notice to remove all improvements and return the premises to its state as before <br />the lease at least thirty (30) days prior to the termination date for the lease. Upon <br />removal , the premises shall be left in a neat and orderly condition, without debris and <br />shall be graded level. Should the premises not be left in such condition, after Lessee <br />received such notice, Lessor may remove improvements and repair the premises and <br />seek reimbursement from Lessee in any manner allowed by law. <br />10) C O UN TY'S LIABI LI TY : <br />The County shall not be liable for any damage occasioned by failure to keep said <br />premises in good repair and shall not be liable for any damage done or occasioned by <br />plumbing, water, or sewage, or the breaking, leaking or running of any cistern, tank , <br />water closet, water faucets, or waste pipes in or above or on or about said buildings or <br />premises, nor for damage occasioned by water, snow or ice being upon or coming <br />through the roof, skylight, trapdoor, or otherwise, nor for any damage arising from the <br />accident or neglect of the Lessee or any of its members or any Lessees or occupants of <br />adjacent or continuous property. <br />LAND LEASE -IN DUSTRIAL AREA PAGE 4
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