2020-02-24-minutes-public-works-study-session

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KITTITAS COUNTY AIRPORT USE AGREEMENT 14. NOTICES: Any notice given by one party to the other in connection with this agreement shall be in writing and shall be sent by certified or registered mail, return receipt requested as follows: a. If to the County, addressed to: Kittitas County Department of Public Works 411 N. Ruby, Suite #1 Ellensburg, Washington 98926 b. If to Airpac, addressed to: Airpac Airlines Mailing Address: 7277 Perimeter Road South #106 5005 E Anderson Ave Seattle, Washington 98108 Fresno CA 93727 Notice shall be deemed to have been received on the third day after the date of mailing. 15. ATTORNEY FEES: In the event that the County shall bring suit to recover any usage fees due hereunder, or for breach of any provision of this Agreement, or if Airpac shall bring any action for any relief against County, declaratory or otherwise, arising out of this Agreement, the prevailing party shall recover reasonable attorney fees and costs which shall be determined and taxed by the court as part of the costs of such action. 16. RIGHTS OF THE U.S. GOVERNMENT: The County holds title to the Kittitas County Bowers Field Airport partially by virtue of a deed from the United States Government. A copy of said deed is available for inspection at the office of the Kittitas County Department of Public Works, hereto and made a part of this instrument as though fully set forth herein. Airpac agrees that it will do nothing which will cause the County to be in violation of the terms of said deed. Airpac fiu-thermore agrees that it has had ample opportunity to review said deed and is aware of all of the terms and conditions therein. 17. ASSIGNMENT: This Agreement is for Airpac only and cannot be transferred or assigned without first obtaining the written consent of the County, 18. BANKRUPTCY: It is further agreed and understood that in case of the insolvency or bankruptcy of Airpac, or any assignment for the benefit of creditors or the appointment of a receiver for the Airpac, this Agreement shall be immediately terminated and shall be of no further force and effect, and that the Trustee in Bankruptcy, Receiver, or Assignee for the benefit of creditors shall not have any rights whatsoever in the Airport premises. 19. DEFAULT: In the event that one of the parties herein fails to comply with any commitments, duties or responsibilities under this Agreement, or any of its conditions or terms as herein stated, the non -breaching party must give written notice to the breaching party of the breaching party's failure to comply. If such condition is not corrected within ten (10) days from the date of notice, the non -breaching party may choose to terminate this Agreement. PAGE 4