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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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Lease, Lessee shall be released from any further obligation under the Lease. Provided, in <br />the event of a partial assignment, the Lessee and the assignee shall rernain and be jointly <br />and severally liable for all Lessee obligations under the Lease, and all references to Lessee <br />in the Lease shall then and thereafter be deemed to include any and all partial assignees. <br />10.2 Assignment by Lessor. Lessor shall have the right, in Lessor's sole discretion, to <br />assign any of its rights under this Lease (and in connection therewith, shall be deemed to <br />have delegated its duties), and upon any such assignment, Lessee agrees that Lessee shall <br />perform its obligations under this Lease in favor of such assignee. <br />10.3 Transfer Fee. Each time the right to occupy a hangar unit is transfened by an <br />assignment, sublease or sale, the Lessee shall pay the Lessor a sum of $525.00, as an <br />administration fee. <br />10.4 REET1. Kittitas County reserves the right to impose the REET I tax on all sales <br />of leasehold improvements per RCW 82.46.010). Any city, town, or county may impose a <br />0.25yo real estate excise tax - known as REET I or the "first quarter percent". If a county <br />imposes this tax, it is applied within the unincorporated areas only. <br />10.3 Encumbrances. Lessee shall not encumber or permit the encumbrance of any <br />real property at the Airport but not including the Premises. Lessee shall not encumber or <br />permit the encumbrance of any of Lessee's rights under this Lease without Lessor's prior <br />written consent, which consent shall not be unreasonably withheld or delayed. Any <br />purporled encumbrance of rights in violation ofthis Section 10 shall be void. In connection <br />with Lessor's consent to any encumbrance, ata minimum the following shall apply: (i) <br />such encumbrance shall only encumber Lessee's leasehold interest for the purpose of <br />securing financing for Lessee's authorized improvements and no other encumbrance shall <br />be permitted; (ii) such encumbrance shall be subordinate to Lessor's interests; (iii) the <br />lienholder must agree to maintain current contact information with Lessor and provide <br />Lessor with concurrent copies of any notices or communications regarding a default; (iv) <br />any default relating to such encumbrance shall be a default of this Lease; (v) such <br />encumbrance shall terminate on or before the Expiration Date and the lienholder must agree <br />to promptly remove such encumbrance when the obligation that it secures has been <br />satisfied; and (vi) Lessor shall have no financial or other obligations to lienholder except <br />as provided in this Section 10.3. If, while such encumbrance is in effbct, Lessee defaults <br />under such encumbrance or this Lease and, if such lienholder is in compliance with the <br />provisions set forth in this Section l0 and cures Lessee's defaults ofthis Lease within thirty <br />(30) days after the first such default, Lessor will permit such lienholder to provide a <br />substitute Lessee, which substitute Lessee must be acceptable to Lessor in its sole <br />discretionundertheprovisionsofSection l0.l,solongassuchlienholderfullyperforms <br />this Lease. [f such lienholder fails to comply with any of the foregoing requirements, such <br />failure shall be a default of this Lease and Lessor may at any time and subject to the terms <br />of Section l2 terminate this Lease and exercise any rights hereunder, including, but not <br />limited to, those set forth at Sections 12 and 6.4. Lessor shall have no obligation to provide <br />any other notices to any lienholder, and Lessor shall have no liability of any kind to any <br />lienholder. <br />MIA <br />t6 LESSOR
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