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03. March
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2022-03-01 2:00 PM - 2:00pm Public Hearing
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Last modified
3/15/2022 1:17:49 PM
Creation date
3/15/2022 1:17:29 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
Fully Executed Version
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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BOYI'ER$ F!Ffl-D I{ITTITAS EOU NTY'\I RPORT <br />time to time carried by LESSOR shall be cancelled or about to be cancelled by the <br />insurer by reason of the use or occupation of the Premises by LESSEE or any of <br />LESSEE's employees, or anyone permitted by LESSEE or such other parties to be <br />upon the Premises and LESSEE after receipt of notice in writing from LESSOR shall <br />have failed to take such immediate steps as shall enable LESSOR to reinstate or <br />avoid cancellation (as the case may be) of such policy of insurance. <br />20.3 PERMITTED USE DEFAULT <br />The Premises shall, without the prior written consent of LESSOR, be used (i) by any <br />persons other than LESSEE or its permitted assigns or sub lessees (ii) for any <br />purpose other than a Permitted Use, or (iii) by any persons whose occupancy is <br />prohibited by this LEASE. <br />20.4 FAILURE TO DEVELOP <br />After the Development Period, the Premises shall be vacated or abandoned, or <br />remain unoccupied without the prior written consent of LESSOR, for Ninety (90) or <br />more consecutive days while capable of being occupied. <br />20.5 NON-APPEALABLE JUDGEMENT <br />The balance of the Term of this LEASE or any of the goods and chattels of LESSEE <br />located in the Premises shall at any time be seized in execution pursuant to a non- <br />appealable judgment. <br />20.6 INSOLVENCY <br />LESSEE fails to obtain the dismissal, within Ninety (90) days after the <br />commencement thereof, of any bankruptcy, reorganization or insolvency <br />proceeding, or other proceeding under any law for the relief of debtors, instituted <br />against it by one or more third parties or fails actively to oppose any such proceeding, <br />or, in any such proceeding, defaults or files an answer admitting the material <br />allegations upon which the proceeding was based or alleges its willingness to have <br />an order for relief entered or its desire to seek liquidation, reorganization or <br />adjustment of any of its debts. <br />21. REMEDIES <br />21.1 LESSEE DEFAULT <br />ln the event the LESSEE materially breaches the terms of this Lease and said <br />breach is not, in whole or in part, caused by the wrongful actions or omissions of <br />the LESSOR, the LESSOR may elect and proceed with one of the following <br />EXCLUSIVE remedies, but only if the LESSOR has first given the LESSEE written <br />notice of the specific default(s) alleged by the LESSOR and the default(s) is/are <br />not cured by the LESSEE within the time periods set forth for the specific breaches <br />LESSEE INITIA LESSOR INITIA <br />PAGE 14
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