2021 Ag Lease Final Draft - Laserfiche WebLink

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KITTITAS COUNTY AIRPORT AGRICULTURAL LEASE PAGE 8 and Lessee shall promptly pay to Lessor all costs incurred by Lessor for such performance, together with interest and service fees for any past due amounts (as provided in Section 3) and an administrative charge equal to twelve percent (12%) of the cost incurred by Lessor which the parties agree is a reasonable estimate of and liquidated damages for Lessor’s overhead expenses associated with such performance; (ii) terminate Lessee's rights under this Lease upon delivering a written notice of termination; and (iii) re-enter and take possession of the Premises by any lawful means with or without terminating this Lease. Lessee shall pay all costs and damages arising out of Lessee’s default, including, but not limited to, the cost of recovering possession of the Premises, the cost of improving and reletting the Premises, including, but not limited to, any real estate broker fees or marketing costs, and attorneys’ fees and costs regardless of whether formal action is commenced or concluded. No action by Lessor or Lessor’s Associates shall be construed as an election by Lessor to terminate this Lease or accept any surrender of the Premises unless Lessor provides Lessee with a written notice expressly stating that Lessor has terminated this Lease or accepted a surrender of the Premises. Following a default by Lessee under this Lease, Lessor shall exercise commercially reasonable, good faith efforts to mitigate its damages as required by applicable law. 27.) 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: 1. If to Lessor, addressed to: Kittitas County Airport Department, 3110 N. Airport Rd. Suite 1, Ellensburg, WA 98926. 2. If to Lessee, addressed to: _____________________________________________ Notice shall be deemed to have been received three days after having been sent as above described whether actually received or not. 28) JURISDICTION & VENUE: Avenue for any action to enforce lawsuit will be held in either Kittitas County or Yakima County.