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BowlingAlleyLease12292022 (2)
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2023-01-03 10:00 AM - Commissioners' Agenda
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BowlingAlleyLease12292022 (2)
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Last modified
12/29/2022 12:06:40 PM
Creation date
12/29/2022 12:06:13 PM
Metadata
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Meeting
Date
1/3/2023
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve a Lease Agreement with Ryan Wales for the Bowling Alley Property
Order
8
Placement
Consent Agenda
Row ID
97607
Type
Agreement
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KITTITAs COUNTY <br />e. The appointment of a trustee or a receiver to take possession of substantially all of <br />Lessee's assets located at the Premises or of Lessee's interest in this Lease, where <br />possession is not restored to Lessee within Thirty (30) days. <br />f. The attachment, execution or other judicial seizure of substantially all of Lessee's <br />interest in this Lease, where such seizure is not discharged within Thirty (30) days. <br />g. In the case of Lessee's insolvency or bankruptcy, or any assignment for the benefit <br />of creditors or the appointment of a receiver for the Lessee, this Lease shall be <br />immediately forfeited and shall be of no further force and effect, and the Trustee in <br />Bankruptcy, Receiver, or Assignee for the benefit of creditors shall have no rights <br />whatsoever in the Lease or in the demised Premises. <br />21. LESSOR'S REMEDIES IN DEFAULT. <br />a. In the event that Lessee shall fail to comply with any of Lessee's commitments, <br />duties or responsibilities under this Lease or any of its conditions or terms as herein <br />stated, Lessee shall be in default or breach of this agreement. At any time <br />thereafter, Lessor may terminate this Lease by giving Thirty (30) days written notice of <br />the conditions or terms being violated. If said failures are not corrected within the <br />Thirty (30) day period, this Lease may be terminated and the Lessor shall be entitled to <br />peaceably retake possession of the premises, provided the Lessee shall have the right <br />to remove improvements as herein provided. In addition to the provisions <br />hereinabove, and/or as an alternative or cumulative remedy, Lessor may, at its sole <br />election, pursue any other action, redress, or remedy now or hereafter available to <br />Lessor under the laws of the State of Washington, including its Landlord -Tenant <br />laws. <br />b. Notwithstanding the foregoing, at any time after Lessee's default, when in accord <br />with Washington law and with or without notice or demand, and without limiting <br />Lessor in the exercise of a right or remedy which Lessor may have by reason of <br />such default or breach, Lessor may take the following actions: <br />(1) Terminate Lessee's right to possession of the Premises by any lawful means, in <br />which case Lease shall terminate and Lessee shall immediately surrender <br />possession of the Premises to Lessor. In such event, Lessor shall be entitled <br />to recover from Lessee all damages incurred by Lessor by reason of Lessee's <br />default, including but not limited to the following: <br />a. Costs of recovering possession of the Premises; <br />b. Expenses of reletting, including necessary renovation and alteration of the <br />Premises; <br />c. Reasonable attorney's fees; <br />d. The worth (at the time of award by the court having jurisdiction) of the <br />amount by which the unpaid Rent (and other charges and adjustments) for <br />PAGE 11 <br />
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