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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
Metadata
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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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m$wEns Fts{-i}KilT? ITAJJ COUFITY AIRPORT <br />in section 20, or sixty (60) days after said notice is given for those breaches not <br />given a cure period in section 20 (provided, howeve,r, if the nature of the default is <br />such that more lhan sixty (60) days are required for performance, the LESSOR <br />may not act under this Section 21.1 so long as the LESSEE commences <br />performance within said srxfy (60) day period and thereafter diligently prosecutes <br />the same to completion): <br />(a) Specific Performance. The subject matters of this Lease are unique and, <br />for this reason, it is stipulated that in the event of an actionable default of <br />this Lease under Section 21.1 above, the LESSOR will have the right to <br />seek equitable relief in the form of specific performance of this Lease's <br />provisions. <br />(b) Termination. ln lieu of seeking specific performance under Section 21 .1(a) <br />above, in the event of an actionable default of this Lease under Section 21 .1 <br />above by the LESSEE, the LESSOR, with prior written notice to the <br />LESSEE of the termination after the expiration of the cure period under <br />Section 20 above (or sixty (60) days for the incidents of breach for which a <br />cure period is not set in section 20), is permitted to terminate this Lease. <br />21.2 LESSOR DEFAULT. <br />ln the event the LESSOR materially breaches the terms of this Lease and said <br />breach is not, in whole or in paft, caused by the wrongful actions or omissions of <br />the LESSEE, the LESSEE may elect and proceed with one of the following <br />EXCLUSIVE remedies , but only if the LESSEE has first given the LESSOR written <br />notice of the specific default(s) alleged by the LESSEE and the default(s) is/are <br />not cured by the LESSOR within sixty (60) days after said notice is given <br />(provided, however, if the nature of the default is such that more than sixty (60) <br />days are required for performance, the LESSEE may not act under this Section <br />21.2 so long as the LESSOR commences performance within said sixfy (60) day <br />period and thereafter diligently prosecutes the same to completion): <br />(a) Specific Performance. The subject matters of this Lease are unique and, <br />for this reason, it is stipulated that in the event of an actionable default of <br />this Lease under Section 21.2 above, the LESSEE will have the right to <br />seek equitable relief in the form of specific performance of this Lease's <br />provisions. <br />(b) Termination. ln lieu of seeking specific performance under Section 21 .2(a) <br />above, in the event of an actionable default of this Lease under Section 21 .2 <br />above by the LESSOR, the LESSEE, with an additional ninety (90) days <br />prior written notice to the LESSOR of the termination after the expiration of <br />the cure period under Section 21.2 above, is permitted to terminate this <br />Lease. <br />t)LESSEE INITIAL LESSOR INITIAL <br />PAGE 15
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