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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
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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fiOWtrR$ FilHg-D XBTTSTA$ CCICJ hITY AIRPORT <br />LESSEE intends to obtain a Phase I Environmental Site Assessment (a "Phase I <br />ESA") for the Premises. lf the Phase I ESA indicates that hazardous substances <br />may be located on the Premises or if the Phase I ESA recommends further <br />environmental testing, LESSEE may, at LESSEE's expense, obtain a Phase ll <br />Environmental Site Assessment (a "Phase Il ESA") for the Premises as <br />recommended by the Phase I ESA. Written copies of all such assessments, <br />together with all exhibits and supporting documentation, to be provided to LESSOR <br />at no cost within ten (10) days of receipt by LESSEE. <br />The Due Diligence Contingency will be deemed satisfied unless LESSEE gives <br />written notice to LESSOR of LESSEE's termination of this Lease under this Section <br />4.1 on or before April 1 ,2022.. <br />From and after the Commencement Date of this Lease, LESSEE and LESSEE's <br />authorized agents, employees, contractors, and invitees shall have the right at <br />reasonable times to enter upon the Premises for the purpose of conducting the due <br />diligence review described in this Section 4.1; provided, however, LESSEE shall <br />keep the Premises free and clear of any liens resulting from such investigation and <br />inspection by LESSEE or any of LESSEE's agents, employees, contractors, or <br />invitees and LESSEE agrees to indemnify, defend, and hold harmless LESSOR the <br />Premises from all injuries, deaths, claims, losses, damages, and/or other liabilities <br />(collectively "Claims") caused by the negligent acts or omissions or intentional <br />misconduct of LESSEE or LESSEE's agent(s), employee(s), or representative(s) <br />while present on the Premises under this Section 4.1', provided, however, that in no <br />event shall such indemnity extend to any (a) release of pre-existing hazardous <br />substances present on the Premises as of the Commencement Date; (b) any pre- <br />existing conditions on or about the Premises, or (c) any Claims to the extent resulting <br />from the negligent act or omission or intentional misconduct of LESSOR or any <br />agent, contractor, employee, representative, or invitee of LESSOR. <br />4.2 EFFECT OF TERMINATION <br />lf this Lease is terminated as permitted under Section 4.1 above as a result of the <br />non-satisfaction of the Due Diligence Contingency, and neither LESSOR nor <br />LESSEE will have any further rights, duties, and obligations under the Lease. <br />5. PURPOSE OF LEASE. <br />5.1 FACILITY DESIGN AND DEVELOPMENT <br />The intent of this agreement is to allow LESSEE, at LESSEE's sole expense, to <br />design and construct a fence separating the lot adjacent to the north, allow grading <br />for parking of rental vehicles along with installing a secured drop box for <br />customers, all of which will be located on the Premises to house LESSEE's <br />operations (the"Facility''). All construction of the Facility shall be completed within <br />thirty (30) days of the Commencement Date of this Lease (the "Development <br />LESSEE INITIAL LESSOR IN <br />PAGE 5
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