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Kittitas County, Washington <br />BOARD OF COUNTY COMMISSIONERS <br />District One District Two District Throe <br />KITTITAS COUNTY Cory Wright Laura Osiadacz Brett Wachstnith <br />June 10, 2019 <br />Mr. Jeff Duncan <br />FISH Operations Director <br />1407 North B Street <br />PO Box 85 <br />Ellensburg, WA 98926 <br />RE: Elmview Building <br />Dear Mr. Duncan: <br />The Kittitas County Board of County Commissioners (Board) has scheduled a public hearing for <br />July 2, 2019. The Board will hear public testimony regarding the FISH request to lease the <br />Elmview Building (804 Elmview Road) supporting food warehousing and associated uses. It is <br />our understanding that FISH has begun limited use of the building as allowed by Elmview <br />(current building tenant). The Board desires alleviating Elmview and the County of any liability <br />associated with FISH use of the building prior to the scheduled public hearing and any potential <br />subsequent lease to FISH of the facility. To this end, we propose having FISH waive and <br />indemnify the County and Elmview of liability associated with FISH limited use of the building <br />ahead of the pending lease decision. Please review the waiver below, sign acknowledging our <br />request and we will prepare a draft lease for Board consideration. Please sign this document and <br />return to the Board of County Commissioners no later than 1:00 PM on June 1061, 2019. <br />We anticipate that a final lease decision will be made no later than mid July, 2019. Please <br />provide the Airport Manager appropriate tenant improvement costs anticipated supporting FISH <br />use of the Ehnview Building and he will prepare a draft lease for use at the public hearing. <br />FISH AGREES TO HOLD HARMLESS: <br />FISH shall indemnify and save the County and Elmview, its officers and employees harmless <br />from all loss, damage, liability, or expense (including expense of litigation) arising out of or <br />resulting from the actual injury to, or death of, any person, or from any actual loss of or damage <br />to property belonging to any person upon or incident to the premises for any use of the Elmview <br />Building prior to having a duly executed lease in place from the Kittitas County Board of County <br />Commissioners. <br />Page ' 1 <br />