2018-09-24-minutes-public-works-study-session

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KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: September 24, 2018 TOPIC: ELN Lease Language ACTION REQUESTED: Direct Staff Incorporate Revised Lease Language LEAD STAFF: Mark R. Cook RECOMMENDATION: Incorporate suggested new lease language into all ELN leases. BRIEFING SUMMARY: • Commissioner O'Brien requested legal review current ELN lease language and suggest changes to the "Modifications and Termination" clause of our leases. • Legal is proposing revised language for consideration. • The revised language is likely to fail addressing the financial plan generated to fund an Airport Manager. BACKGROUND: Current lease language: MODIFICATION OR TERMINATION: Lessee and Lessor agree that Lessor may, at Lessor's sole discretion, modify the terms of this lease in whole or in part, including but not limited to any term or condition of this lease, including cancelling the unexpired portion of this lease and re -letting the property to another tenant, in the event that any regulation governing airports or county property is amended in a way that impacts the Lessor's ability to lease, use, control, protect, or maintain the Property. For the purposes of this section, "regulation" is defined to include, but is not limited to: case law interpreting any rule or regulation; any federal rules and regulations, including Federal Aviation Administration rules and regulations; state rules and regulations; and local rules, regulations and ordinances. In the event that Lessor shall elect to modify or terminate this lease, Lessor shall do so only upon one hundred twenty (120) days written notice, notifying Lessee, at Lessee's address of record that the lease to which this applied is being so modified or terminated. Page 1 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT