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2021-195-resolution
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2023-04-04 10:00 AM - Commissioners' Agenda
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2021-195-resolution
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Last modified
3/30/2023 12:11:13 PM
Creation date
3/30/2023 12:10:20 PM
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Meeting
Date
4/4/2023
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 Resolution Authorizing an Amendment of the Merrill Lease to Reflect the Correct Legal Description and Annual Lease Price of the Real Property Leased at the Bowers Field Airport
Order
18
Placement
Consent Agenda
Row ID
101486
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6.4.5 Intergovernmental and Public Purpose Lease Improvements: <br />Where Lessee is a governmental entity that would otherwise qualify for an <br />Intergovernmental Transaction under KCC 2.81.090(2), or a bona fide non-profit <br />organization that would otherwise qualify for a Public Purpose Lease under KCC <br />2.81.090(9), and that Lessee, after termination of the initial lease term (and <br />applicable extensions), during which time improvements were made to the <br />Lessor's real estate, enters into a second lease term, the improvements will remain <br />property of such a Lessee forthe initial ten (10) years of that second lease term, <br />after which they will revert to the Lessor and the Lessee shall also enter into a <br />building lease with the Lessor for the remainder of the term for the underlying <br />second ground lease term. <br />6.4.6 Surrender of Premises <br />Upon the expiration of this Lease and in the event of the acquisition of the <br />Improvements by Lessor, Lessee, at Lessee's sole cost, shall (i) promptly and <br />peaceably surrender to Lessor the Premises and Improvements clean and free of <br />debris and in good order and condition; (ii) repair in a good and workmanlike <br />manner any damage to the Premises, reasonable wear and tear excepted, or the <br />Airyort by the removal of Lessee's personal propefty; (iii) deliver to Lessor all <br />keys and other items integral for access and operation of the Improvements; (iv) <br />perform Lessee's environmental obligations as provided in Section 7; and (v) <br />remove all movable personal property and trade fixtures and signage that are not <br />owned by Lessor; provided that Lessee must obtain Lessor's prior written consent <br />to remove any such property if such removal may impair the structure of any <br />building. Upon any expiration or temination of this Lease, including, but not <br />limited to, termination for abandonment of the Premises, all property that Lessee <br />leaves on the Premises shall conclusively be deemed to have been abandoned and <br />may be appropriated, sold, stored, destroyed, or otherwise disposed of by Lessor <br />without notice. and without any obligation to account, to Lessee or any other <br />person, provided that the disposition of Improvements shall be as provided in <br />Section 6.4. Lessee shall pay to Lessor all expenses incurred in connection with <br />the disposition of such property in excess of any amount received by Lessor from <br />such disposition. <br />6.5 Failure to construct Improvements: <br />LESSEE agrees that, should LESSEE fail to construct the structure(s) described in Exhibit <br />"D" as outlined in the negotiated construction schedule and in conformity with airport <br />standards (also part of Exhibit D), this lease shall automatically terminate, and LESSEE <br />forfeits any and all interest in the premises. Proposed improvements must have a negotiated <br />construction schedule and be determined in conformity with applicable airport standards <br />prior to making application for a building permit. General construction requirements are <br />attached hereto as Exhibit E and incorporated herein by this reference. Lessor approval is <br />required for all such building permit applications. <br />I <br />vua4 <br />LESSoR 13^)
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