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Lease Amendment Emory LLC
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09. September
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2018-09-04 10:00 AM - Commissioners' Agenda
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Lease Amendment Emory LLC
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Last modified
9/10/2018 3:32:01 PM
Creation date
9/10/2018 3:31:43 PM
Metadata
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Template:
Meeting
Date
9/4/2018
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
e
Item
Request to Approve an Addendum to a Lease with Emory LLC for Property Located at Bowers Field Industrial Area
Order
5
Placement
Consent Agenda
Row ID
47519
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KITTITAS COUNTY AIRPORT <br />13) <br />( 14 <br />'---> <br />15) <br />16) <br />17) <br />left in such condition, after Lessee received such notice, Lessor may remove <br />improvements and repair the premises and seek reimbursement from Lessee in any <br />manner allowed by law. <br />In consideration for a lease term of thirty (30) years, Lessee promises and agrees to <br />construct the structure(s) described on Exhibit "A" attached hereto and incorporated <br />herein by this reference, as provided for in RCW 36.34.180. Also in accord with RCW <br />36.34.180, Lessee agrees that, should Lessee fail to construct the structure(s) described <br />in Exhibit uA" within the first three years of the term of this lease, this lease shall <br />automatically terminate and Lessee forfeits any and all interest in the premises. No <br />construction may be made without prior obtaining of appropriate permits, the <br />responsibility for which is that of Lessee. <br />COUNTY'S LIABILITY: The County shall not be liable for any damage occasioned <br />by failure to keep said premises in good repair and shall not be liable for any damage <br />done or occasioned by plumbing, water, or sewage, or the breaking, leaking or running <br />of any cistern, tank, water closet, water faucets, or waste pipes in or above or on or <br />about said buildings or premises, nor for damage occasioned by water, snow or ice <br />being upon or coming through the roof, skylight, trapdoor, or otherwise, nor for any <br />damage arising from the accident or n~glect of the Lessee or any of its members or any <br />Lessees or occupants of adjacent or continuous property. <br />ASSIGNMENT: The Lessee shall not assign this lease nor any portion thereof nor <br />~the premises nor any portion thereof, without the written consent of the County, <br />however, the County shall not unreasonably withhold such consent. <br />HOLD HARMLESS: The Lessee shall indemnify and save the County, its officers and <br />employees harmless from all loss, damage, liability, or expense (including expense of <br />litigation) arising out of or resulting from the actual injury to, or death of, any person, or <br />from any actual loss of or damage to property belonging to any person upon or incident <br />to the leased premises. <br />INSURANCE: The Lessee shall carry and maintain for the mutual benefit of the County <br />and the Lessee, general public liability insurance against claims for bodily injury, death, <br />or property damage occurring on, in or about the premises hereinabove described. <br />The limits of liability of said premises liability coverage shall be in an amount not less <br />than $1,000,000 -(each occurrence), throughout the term of this lease. The County <br />reserves the right to increase the amount of coverage stated in order to facilitate future <br />economic growth. The County shall also be named as additional insured. The Lessee <br />shall provide the County a certificate of insurance as evidence of proper insurance <br />coverage at the time of the execution of this lease, and upon each anniversary date of <br />any insurance coverage. The County shall be notified not less than thirty {30} days in <br />advance by a written notice of cancellation. or any change in the insurance policy. <br />DESTRUCTION BY FIRE: In the event that the demised premises shall be damaged <br />by fire or other casualty to such an extent that the same are untenantable, then this <br />lease shall, at the option of either the County or the Lessee, be immediately terminated <br />LAND LEASE -INDUSTRIAL AREA PAGE 4
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