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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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10.4 Subleasing and Renting. Upon obtaining Lessor's prior written consent and as <br />otherwise provided in this Section, Lessee shall have the right to sublease or rent portions <br />of the Premises forthe storage of Aircraft. Lessor reserves the right to refuse to give such <br />consent if, in Lessor's reasonable business judgment the proposed renter's or sub-lessee's <br />use of the Premises would result in the Premises being used in contravention of the terms <br />of this Lease. Lessee shall impose on all approved renters and sub-lessees the same terms <br />set forth in this Lease to provide for the rights and protections afforded to Lessor hereunder. <br />All such rentals and subleases shall be consistent with and subordinate to this Lease as it <br />is arnended from time to time. Such rentals and subleases shall include the requirement that <br />the renters and sublessees will attorn to and pay rent to Lessor if Lessee ceases to be a party <br />to this Lease or is in default. Lessee shall provide to Lessor a copy of every sublease or <br />rental agreement executed by Lessee. No rental or sublease shall relieve Lessee of any <br />obligations under this Lease. <br />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 undertaken by Lessee, all <br />work shall be performed in accordance with the terms 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 />condemner for the value of the Improvements 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 porlion 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 />terminate under the provisions of Section 12.2 at the time 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 occurrence 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 paft of the <br />as expressly permitted in this Lease; (iv) Lessee files a petition in <br />t7 LEsSoR Br) <br />Premises, except <br />LBSSEEA^- <br />ttu{, N^
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