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Amendment to Lease 10.16.18
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2021-10-19 10:00 AM - Commissioners' Agenda
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Amendment to Lease 10.16.18
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Last modified
10/14/2021 1:49:15 PM
Creation date
10/14/2021 1:49:07 PM
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Meeting
Date
10/19/2021
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
b
Item
Request to Approve a Lease Termination between Kittitas County and Leroy Miller d/b/a Miller Refrigeration
Order
2
Placement
Consent Agenda
Row ID
82499
Type
Resolution
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2)"Paragraph #2 -Rent"-Rental Rates for 10/01/18 thru 9/30/23 Term. <br />Lot C-24 -- <br />.27 Acres --11,900 sq.feet <br />Previous Rate Rental Rate <br />Per Year ($.066 per ($.067 per Sq Ft)Term Sq Ft)Not includinq <br />Leasehold Tax* <br />$785.57 <br />10/01/18 --09/30/19 $795.14 <br />10/01/19 -09/30/20 $795.14 <br />10/01/20 -09/30/21 $795.14 <br />10/01/21 -09/30/22 $795.14 <br />10/01/22 -09/30/23 $795.14 <br />10/01/23 Renegotiate <br />*The current Leasehold Excise Ta× Rate is 12.84%,as deterrnined by the State of Washington and is subject to change. <br />3)"Paragraph #27 -Modificationor Termination-will read as follows: <br />Lessee and Lessor agree that Lessor may,at Lessor's sole discretion,modify the <br />terms of this lease in whole or in part,including but not limited to any term or condition <br />of this lease,including cancelling the unexpired portion of this lease and re-letting the <br />property to another tenant,in the event that any regulation governing airports or county <br />property is amended in a way that impacts the Lessor's ability to lease,use,control, <br />protect,or maintain the Property.For the purposes of this section,"regulation"is <br />defined to include,but is not limited to:case law interpreting any rule or regulation;any <br />federal rules and regulations,including Federal Aviation Administration rules and <br />regulations;state rules and regulations;and local rules,regulations and ordinances. <br />In the event that Lessor shall elect to modify or terminate this lease,Lessor shall do so <br />only upon one hundred twenty (120)days written notice,notifying Lessee,at Lessee's <br />address of record,that the lease to which this applied is being so modified or <br />terminated. <br />Upon receipt of such notification,and in the event the notification specified modification <br />of the lease short of termination,Lessee shall have sixty (60)days in which to notify <br />Kittitas County of Lessee's intention to continue the lease as modified or of Lessee's <br />intention to treat the lease as terminated. <br />In the event that Lessee elects to treat the lease as terminated,all rents shall be pro- <br />rated to the date Lessee shall have restored the premises to the Lessor in accordance <br />with the terms of the lease agreement governing Lessee's duties to restore the <br />premises to Lessor upon expiration of the lease term. <br />It is fudher agreed that neither such modification or termination of this lease nor any <br />subsequent re-letting of the premises,in whole or in part,shall give rise to any cause <br />of action for damages or any other form of relief by Lessee against Lessor or any <br />successor lessee.
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