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First and Last Chance Lease2
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2019
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08. August
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2019-08-06 2:00 PM - 2:00pm Public Hearing
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First and Last Chance Lease2
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Last modified
8/6/2019 8:37:30 AM
Creation date
8/6/2019 8:37:18 AM
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Meeting
Date
8/6/2019
Meeting title
2:00pm Public Hearing
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
b
Item
Public Hearing to Lease Kittitas County Owned Property at 1200 E. University Way, Ellensburg, WA, CD. 571; TWN. EBURG; SHOUDYS 2ND ADD. LOTS 4 THROUGH 11 & PTN. VACATED 9TH BLOCK 78 and CD. 568; TWN. EBURG; SHOUDYS 2ND ADD. TAX NO. 1 OF LOTS 1, 2 & 16 BLOCK 77.
Notes
Added new language regarding snow removal and parking.
Order
2
Placement
2:00pm Public Hearing
Row ID
55555
Type
Hold Public Hearing
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<br /> <br />KITTITAS COUNTY <br /> <br /> <br /> <br /> PAGE 10 <br />to recover from Lessee all damages incurred by Lessor by reason of Lessee’s <br />default, including but not limited to the following: <br /> <br />a. Costs of recovering possession of the Premises; <br />b. Expenses of reletting, including necessary renovation and alteration of the <br />Premises; <br />c. Reasonable attorney’s fees; <br />d. The worth (at the time of award by the court having jurisdiction) of the <br />amount by which the unpaid Rent (and other charges and adjustments) for <br />the balance of the term after the time of the court’s award which exceeds <br />the amount of such loss for the same period that Lessee proves could be <br />reasonably avoided; and that portion of any leasing commission paid by <br />Lessor and applicable to the unexpired term of this Lease. <br />e. Unpaid installments of rent or other sums shall bear interest from the date <br />due at the rate of ten (10%) percent per annum. <br /> <br />(2) In the alternative, Lessor may maintain Lessee’s right to possession, in which <br />case this Lease shall continue in effect whether or not Lessee shall have <br />abandoned the Premises. In such event Lessor shall be entitled to enforce all <br />of Lessor’s rights and remedies under this Lease, including the right to recover <br />the Rent and any other charges and adjustments as may become due <br />hereunder; or, <br /> <br />(3) Lessor may pursue any other remedy now or hereafter available to Lessor <br />under the laws or judicial decisions of the State of Washington. <br /> <br />21. DEFAULT BY LESSOR. Lessor shall not be in default unless Lessor fails to perform <br />obligations required of Lessor within a reasonable time, but in no event later than Thirty <br />(30) days after written notice by Lessee to Lessor specifying wherein Lessor has failed <br />to perform such obligation; PROVIDED, however, that if the nature of Lessor’s <br />obligation is such that more than Thirty (30) days are required for performance, then <br />Lessor shall not be in default if Lessor commences performance within such Thirty (30) <br />day period and thereafter diligently prosecutes the same to completion. In no event <br />shall Lessee have the right to terminate this Lease as a result of Lessor’s default and <br />Lessee’s remedies shall be limited to damages and/or injunction. <br /> <br />22. SALE OF PREMISES BY LESSOR. In the event of any sale of the Property or <br />Premises leased by Lessor, Lessor shall be and is hereby entirely freed and relieved of <br />all liability under any and all of its covenants and obligations contained in or derived <br />from this Lease arising out of any act, occurrence or omission arising after <br />consummation of such sale. The purchaser at such sale or any subsequent sale of the <br />Property or leased Premises shall be deemed, without any further agreement between <br />the parties or their successors in interest or between the parties and any such <br />purchaser, to have assumed and agreed to carry out any and all of the covenants and <br />obligations of Lessor under this Lease. <br />
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