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Lease Addendum
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2018-08-21 10:00 AM - Commissioners' Agenda
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Lease Addendum
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Last modified
8/27/2018 3:39:46 PM
Creation date
8/27/2018 3:39:23 PM
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Meeting
Date
8/21/2018
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
w
Item
Request to Approve a Lease Addendum with Jack Clerf for Property Located at the Kittitas County Airport, Bowers Field.
Order
23
Placement
Consent Agenda
Row ID
47235
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Kil rrr AS COUNTY A!HPORT <br />2) "Paragraph #20 -Modification or Termination -will read as follows: <br />Lessee and Lessor agree that Lessor may, at Lessor's sole discretion, modify the <br />terms of this lease in whole or in part, including but not limited to any term or <br />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 <br />airports or county property is amended in a way that impacts the Lessor's ability to <br />lease, use, control, protect, or maintain the Property. For the purposes of this <br />section, "regulation" is defined to include, but is not limited to: case law interpreting <br />any rule or regulation; any federal rules and regulations, including Federal Aviation <br />Administration rules and regulations; state rules and regulations; and local rules, <br />regulations and ordinances. <br />In the event that Lessor shall elect to modify or terminate this lease, Lessor shall <br />do so only upon one hundred twenty (120) days written notice, notifying Lessee, at <br />Lessee's address of record, that the lease to which this applied is being so <br />modified or terminated. <br />Upon receipt of such notification, and in the event the notification specified <br />modification of the lease short of termination, Lessee shall have sixty (60) days in <br />which to notify Kittitas County of Lessee's intention to continue the lease as <br />modified or of Lessee's intention to treat the lease as terminated. <br />In the event that Lessee elects to treat the lease as terminated, all rents shall be <br />pro-rated to the date Lessee shall have restored the premises to the Lessor in <br />accordance with the terms of the lease agreement governing Lessee's duties to <br />restore the premises to Lessor upon expiration of the lease term. <br />It is further agreed that neither such modification or termination of this lease nor <br />any subsequent re-letting of the premises, in whole or in part, shall give rise to any <br />cause of action for damages or any other form of relief by Lessee against Lessor <br />or any successor lessee. <br />In the event of such modification or termination, Lessee understands that other <br />than a refund of any unearned rent prorated to the date Lessee has restored the <br />premises to Lessor, Lessee shall have no claim for compensation as occasioned <br />by said modification or termination. <br />3) "Paragraph #21 -Nondiscrimination-will read as follows: <br />The (grantee, licensee, permittee, etc., as appropriate) for himself, his <br />heirs, personal representatives, successors in interest, and assigns, <br />as a part of the consideration hereof, does hereby covenant and <br />agree (in the case of deeds and leases add "as a covenant running <br />with the land") that in the event facilities are constructed, maintained, <br />or otherwise operated on the said property described in this (deed, <br />license, lease, permit, etc.) for a purpose for which a DOT program
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