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AddendumtoLeaseMiller
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2018-10-16 10:00 AM - Commissioners' Agenda
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AddendumtoLeaseMiller
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Last modified
10/11/2018 12:21:48 PM
Creation date
10/11/2018 12:21:18 PM
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Meeting
Date
10/16/2018
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
k
Item
Request to Approve an Addendum to a Lease with Leroy Miller, d/b/a Miller Refrigeration
Order
11
Placement
Consent Agenda
Row ID
48517
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2) "Paragraph #2 — Rent" — Rental Rates for 10/01/18 thru 9/30/23 Term. <br />Lot C-24 —.27 Acres — 11,900 sq. feet <br />Term <br />Previous Rate <br />Per Year ($.066 per <br />Sq Ft) <br />Rental Rate <br />($.067 per Sq Ft) <br />Not Including <br />Leasehold Tax` <br />$785.57 <br />10/01/18 — 09/30/19 <br />$795.14 <br />10/01/19 - 09/30/20 <br />$795.14 <br />10/01/20 - 09/30/21 <br />$795.14 <br />10/01/21 - 09/30/22 <br />$795.14 <br />10/01/22 — 09/30/23 <br />$795.14 <br />10/01/23 <br />Renegotiate <br />'The current Leasehold Excise Tax Rate is 12.84%, as determined by the State of Washington and is subject to change. <br />3) "Paragraph #27 — 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 condition <br />of this lease, including cancelling the unexpired portion of this lease and re -letting the <br />property to another tenant, in the event that any regulation governing airports or county <br />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 <br />defined to include, but is not limited to: case law interpreting any rule or regulation; any <br />federal rules and regulations, including Federal Aviation Administration rules and <br />regulations; state rules and 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 <br />only upon one hundred twenty (120) days written notice, notifying Lessee, at Lessee's <br />address of record, that the lease to which this applied is being so modified or <br />terminated. <br />Upon receipt of such notification, and in the event the notification specified modification <br />of the lease short of termination, Lessee shall have sixty (60) days in which to notify <br />Kittitas County of Lessee's intention to continue the lease as modified or of Lessee's <br />intention to treat the lease as terminated. <br />In the event that Lessee elects to treat the lease as terminated, all rents shall be pro- <br />rated to the date Lessee shall have restored the premises to the Lessor in accordance <br />with the terms of the lease agreement governing Lessee's duties to restore the <br />premises to Lessor upon expiration of the lease term. <br />It is further agreed that neither such modification or termination of this lease nor any <br />subsequent re -letting of the premises, in whole or in part, shall give rise to any cause <br />of action for damages or any other form of relief by Lessee against Lessor or any <br />successor lessee. <br />
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