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In the event that Lessor shall elect to modify or terminate this lease, Lessor <br />shall do so only upon one hundred twenty (120) days written notice, notifying <br />Lessee, at Lessee's address of record, that the lease to which this applied is <br />being so modified or terminated. <br />Upon receipt of such notification, and in the event the notification specified <br />modification of the lease short of termination, Lessee shall have sixty (60) <br />days in which to notify Kittitas County of Lessee's intention to continue the <br />lease as modified or of Lessee's intention to treat the lease as terminated. <br />In the event that Lessee elects to treat the lease as terminated, all rents <br />shall be pro -rated to the date Lessee shall have restored the premises to the <br />Lessor in accordance with the terms of the lease agreement governing <br />Lessee's duties to restore the premises to Lessor upon expiration of the <br />lease term. <br />It is further agreed that neither such modification or termination of this lease <br />nor any subsequent re -letting of the premises, in whole or in part, shall give <br />rise to any cause of action for damages or any other form of relief by Lessee <br />against Lessor or any successor lessee. <br />In the event of such modification or termination, Lessee understands that <br />other than a refund of any unearned rent prorated to the date Lessee has <br />restored the premises to Lessor, Lessee shall have no claim for <br />compensation as occasioned by said modification or termination. <br />DISCUSSION: <br />Public Works has amended existing leases in the past incorporating current language such <br />as adding "fire inspection" requirements to existing leases. Staff suggests adding the <br />language of our existing land leases (Condition 22 — listed above) to all old leases as they <br />come up for renewal. This will allow continued use of the CPI escalation provision until <br />such time that the Board understands implications from rate studies anticipated in the <br />next several months. <br />FISCAL IMPACTS: <br />Addition of the notice condition to existing leases is not expected to have any immediate <br />fiscal impact on lessees. <br />ATTACHMENTS: <br />None <br />Page 2 of 2 <br />PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT <br />