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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 11 <br />23. WAIVER. No assent, express or implied, by the Lessor to any breach of any of Lessee's <br />covenants, agreements, conditions or terms hereof shall be deemed or taken to be a <br />waiver of any succeeding breach of any covenant, agreement, condition or term hereof. <br />The subsequent acceptance of Rent by Lessor shall not be deemed to be a waiver of any <br />preceding default by Lessee of any term, covenant, condition or term of this Lease, other <br />than the failure of Lessee to pay the particular Rent so accepted, regardless of Lessor’s <br />knowledge of such preceding default at the time of the acceptance of such rent. <br /> <br />24. VENUE AND CHOICE OF LAW. This Lease shall be governed by the laws of the State of <br />Washington and in the event of any litigation between Lessor and Lessee arising out of <br />this Lease, the venue for such action shall lie in Kittitas County, notwithstanding any <br />contrary provision of the Revised Code of Washington. <br /> <br />25. GENERAL PROVISIONS. <br /> <br />a. Signs. Lessee may affix and maintain upon the glass panes and supports of the <br />show windows and upon the exterior walls of the Premises only such signs, <br />advertising placards, names, insignia, trademarks, and descriptive material as shall <br />have first received the written approval of Lessor as to type, size, color, location, <br />copy nature and display qualities. <br /> <br />b. Auctions. Without the express written prior authorization and consent of Lessor, <br />Lessee shall not conduct or allow to be conducted any sales by auction in, upon or <br />from the Premises, whether said auction be voluntary, involuntary, pursuant to any <br />assignment for the payment of creditors or pursuant to any bankruptcy or other <br />insolvency proceeding. <br /> <br />c. Joint Obligation. If there be more than one Lessee, the obligations hereunder <br />imposed shall be joint and several. <br /> <br />d. Marginal Headings. The marginal headings and article titles to the articles of this <br />Lease are not a part of this Lease and shall have no effect upon the construction or <br />interpretation of any part hereof. <br /> <br />e. Time. Time is of the essence of this Lease and each and all of its provisions in <br />which performance is a factor. <br /> <br />f. Successors and Assigns. The covenants and conditions, obligations and <br />privileges herein contained, subject to the provisions as to assignment, apply to and <br />shall be binding upon the heirs, successors, executors, administrators and assigns <br />of the parties hereto. <br /> <br />g. Quiet Possession. Upon payment by Lessee of the Rent reserved hereunder and <br />upon Lessee’s observation and performance of all the covenants, conditions and <br />provisions on Lessee’s part to be observed and performed, Lessee shall have quiet
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