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Mitchell Airport Lease
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2023
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01. January
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2023-01-17 2:00 PM - 2:00pm Public Hearing
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Mitchell Airport Lease
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Last modified
2/2/2023 8:41:35 AM
Creation date
2/2/2023 8:41:08 AM
Metadata
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Meeting
Date
1/17/2023
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
Item
Public Hearing to Consider a Request to Approve Ron Mitchell's Aeronautical Lease
Order
1
Placement
2:00pm Public Hearing
Row ID
98252
Type
Hold Public Hearing
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11. Damage, Destruction, and Condemnation. <br />11.1 Damage or Destruction of Premises. If any portion of the Premises or the <br />Improvements is damaged in any manner, Lessee shall promptly remove from the Airport <br />all damages and debris and timely cause repairs to be made to restore the Premises and <br />Improvements to an orderly and safe condition; provided the Lessee shall not be required <br />to restore the Improvements. In the event new Improvements are undeftaken by Lessee, all <br />work shall be performed in accordance with the tenns of this Lease, and Lessee shall not <br />receive any abatement of Lessee's rent obligations. <br />ll.2 Condemnation. In the event of any condemnation proceeding in which all or any <br />part of the Premises or Improvements is taken, Lessee may pursue a claim against the <br />condetnner for the value of the Itnprovements and Lessee's leasehold interest condemned, <br />and any sub-Lessees may pursue a claim against the condemner for the value of their sub <br />tenancy interests. In the event of a partial taking, Lessor shall reduce the ground rent <br />payable by Lessee on a pro rata basis for portions of the Premises so taken. If Lessor <br />determines in its sole discretion that all or a material portion of the Premises will be, or has <br />been rendered, not reasonably subject to lease as a result of such taking, Lessor may <br />terminate this Lease by giving Lessee a written notice of termination, and this Lease shall <br />tern'rinate under the provisions of Section 12.2 at the tirne specified in the notice, which <br />shall not be less than thirty (30) days after the date of such notice. <br />12. Default. <br />l2.l Lessee's Default. The occurence of any of the following events shall constitute a <br />default by Lessee under this Lease unless cured within thirty (30) days following written <br />notice of such violation from Lessor: (i) Lessee fails to timely pay any installment of rent <br />or any additional rent; (ii) Lessee violates any requirement under this Lease, including, but <br />not limited to, abandonment of the Premises; (iii) Lessee assigns or encumbers any right in <br />this Lease, delegates any performance hereunder, or subleases or rents any part of the <br />Premises, except as expressly permitted in this Lease; (iv) Lessee files a petition in <br />bankruptcy or has a petition filed against Lessee in bankruptcy, insolvency, or for <br />rcorganization or appointment of a receiver or trustee which is not dismissed within sixty <br />(60) days; (v) or Lessee petitions for or enters into an arrangement for the benefit of <br />creditors, or suffers this Lease to become subject to a writ of execution and such writ is not <br />released within thirty (30) days. If the nature of Lessee's obligation is such that more than <br />thirty (30) days are reasonably required for performance or cure or a different time for <br />perfonnance is specified, Lessee shall not be in default if Lessee conlmences performance <br />within such thirty (30) day or specified period and thereafter diligently prosecutes the same <br />to completion. <br />12.2 Remedies. Upon any default by Lessee under this Lease and subject to Section 12, <br />Lessor may at any time pllrsue any or all remedies available to Lessor, including, but not <br />limited to, the following: (i) perform in Lessee's stead any obligation that Lessee has failed <br />to perform, and Lessee shall promptly pay to Lessor all costs incurred by Lessor for such <br />LESSEE 9nq t7 LESSOR
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