LeaseKRDLookoutMtn - Laserfiche WebLink

Home Browse Search

' � l 8.04 Intemretaton and Numbering. This lease has been submitted to the scrutiny of all parties hereto and their counsel if desired, and shall be given a fair and reasonable interpretation i accordance with the words hereof, without consideration or weight being given to its having been drafted by any party hereto or its counsel. Section numbers or titles are not to be considered in interpreting this lease. 8.65 Notices. Any notice given under this lease shall be deemed as received then delivered by hand or three (3) days after deposit in the United States mail with first class postage affixed addressed as follows: To the County: Kiditas County Public Works, 205 W. Fifth., Room 108, Ellensburg, Washington 9892&3129. To the Lessee: At the address given by the Lessee in the signature block on official documents of record with this lease. Changes of address may be given in accordance with this section after written notfication of such change by either party. 8.06 Liens. Lessee shall not suffer or permit any lien to be filed against Lessee's leasehold interest in the premises or any improvement thereon, by reason of work, labor, services or materials performed or supplied to Lessee or anyone holding the premises, or any part thereof, under lease. It any such lien is filed against Lessee's leasehold interest, or any improvements. thereon, Lessee shall cause the same to be discharged of record within thirty (30) days after the date of Bing the same unless other arrangements are authorized in writing by the County. Lessee shall indemnify the County for any costs, damages or expenses (including attomeye fees) incurred as a result of the filing of such liens, or in obtaining their discharge, whether such costs, damages or expenses were incurred prior or subsequent to lease cancellation. If Lessee suffers or permits any lien to be filed against the Lessee's leasehold interest, the County may, at Its discretion, construe such lien as a default and cancel the lease according to the provisions herein. 8.07 Termination. Either party to this lease may by written 90 day notice to the other party, terminate its obligations under this lease. 8.08 Default. If Lessee violates or defaults on any undertaking, promise of performance called for herein, the County may .cancel this lease provided that the Lessee has been notified of the. violation of default thirty (30) days prior to such cancellatlon and such viotation or default has not been corrected within such time. Upon cancellation, the County shall have the right to re-enter the premises. Upon cancellation, all Improvements on the premises shall become the property of the County subject only to any previously approved security interest. Additionally, the County may seek damages for any such violation of default with or without cancelling this lease. 8.09 CountVs Right to Cure Defaults. If Lessee fails to perform any undertaking or promise contained herein, the County shall have the option to make such performance after giving written notice to the Lessee. The County's expenditures to Correct Lessee's failure to perform shall be reimbursed by Lessee together with interest at the rate of one percent (1%) per month accruing from the date of such expenditure. 8.10 Remedies Cumulative. The specified remedies to which County may resort under the terms of this lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which County may lawfully be entitled in case of any breach or threatened breach of Lessee of any provision of this lease. 8.11 Force Maieure. The County's failure to perform any of its obligations under this lease shall be excused if due to Causes beyond its Control and without the fault or negligence of the County, Including but not restricted to acts of God, acts of the public enemy, acts of any government, vandalism, fires, lightening, floods, epidemics or labor strikes. 8.12 Preservation of Markers. Any legal land subdivision survey comers, reference points or monuments are to be preserved. If such are destroyed or disturbed, the Lessee shall reestablish them by a licensed land surveyor in accordance with U.S. General Land Office standards at their own expense, Comers and/or reference points or monumentsthat must necessarily be disturbed or destroyed in process of carrying out the operations allowed by this lease must be adequately referenced and/or replaced in accordance with R.C.W. 58.24.046 (6). Such references must be approved by the County prior to removal of said comers, reference points or monuments. 8.13 Condamnation. If all of the premises is taken by any public authority under the power of eminent domain, this lease shall terminate as of the date possession was taken by said public authority pursuant to such condemnation. If any part of the premises is so taken and, in the opinion of either County or Lessee, it is not economically feasible to continue this lease in effect, either party may terminate this lease- Such termination by either party shall be made by notice to the LOOKOUT MOUNTAIN LEASE PAGE 4