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Industrail Park LeaseU-Haul2.docx-132888352118129687. (1)
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Industrail Park LeaseU-Haul2.docx-132888352118129687. (1)
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Last modified
2/24/2022 2:16:11 PM
Creation date
2/24/2022 2:15:23 PM
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Meeting
Date
3/1/2022
Meeting title
2:00pm Public Hearing
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
a
Item
Public Hearing to consider a New Airport Industrial Lease with Western Investments, LLC.
Order
1
Placement
2:00pm Public Hearing
Row ID
86547
Type
Hold Public Hearing
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<br /> <br />BOWERS FIELD KITTITAS COUNTY AIRPORT <br /> <br /> <br /> <br />LESSEE INITIAL__________ LESSOR INIT IAL__________ <br /> <br /> PAGE 6 <br />completed within the Development Period, LESSOR may elect to terminate this <br />Lease upon ninety (90) days prior written notice to LESSEE. LESSEE shall have <br />the right, without further consent or approval from LESSOR, to construct facilities, <br />conduct renovations, and make alterations to the Premises, Acquired <br />Improvements, and the Facility, when and as determined by LESSEE, provided <br />that said construction, renovations, and alterations are (a) for Permitted Uses <br />under Section 5.2 this Lease; and (b) in compliance with all applicable laws, <br />regulations, and requirements, including without limitation, all zoning and <br />construction permit requirements. <br /> <br /> <br />5.2 USES OF PROPERTY. <br /> <br />5.2.1 Permitted Uses. <br /> <br />LESSEE shall be permitted to use the PREMISES for U-Haul vehicle rental <br />purposes that include the construction and operation of secured fencing, gates <br />and appropriate client drop box for a vehicle rental business, and all reasonably <br />related business and/or incidental operations/activities, and for no other use <br />unless and until LESSOR consents in writing to the other use, which consent may <br />not be unreasonably withheld (the “Permitted Use”). LESSEE is expressly <br />prohibited from using the Premises as a shelter (overnight or otherwise) for <br />persons experiencing homelessness. LESSEE is also expressly prohibited from <br />using the Premises as a residence. <br /> <br />5.2.2 Easements, Restrictions, Etc. <br /> <br />LESSEE’s lease of the Premises under this Lease is together with all rights of and <br />appurtenances to the Premises (including, but not limited to, all rights to withdraw <br />water for the Permitted Uses, access, utility, and other easements that benefit the <br />Premises) and is subject to the following (collectively the “Restrictions”): (a) all <br />easements, covenants, restrictions, and other agreements of record as of the <br />Commencement Date of this Lease; and (b) all zoning and building laws applicable <br />to the Premises (each of which is subject to LESSEE’s review and approval during <br />the Due Diligence Contingency Period). LESSOR represents and warrants that it <br />has no knowledge that any of the Restrictions would prevent or unreasonably <br />interfere with LESSEE’s use and occupancy of the Premises for the Permitted <br />Uses as set forth in this Lease. Moreover, from the Commencement Date of this <br />Lease and until the conclusion of LESSEE’s rights hereunder, LESSOR covenants <br />that LESSOR will not encumber the Premises with any new easement, covenant, <br />restriction, agreement, or other encumbrance that limits or otherwise affects the <br />title to or use of the Premises after the Commencement Date of this Lease unless <br />and until LESSEE consents thereto in a signed and acknowledged writing reco rded <br />in the records of Kittitas County, Washington. <br /> <br />5.2.3 UTILITY USAGE
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