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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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along with those that are applicable to a tenancy at sufferance, and reasonable rent for the <br />Premises shall be deemed to be the highest rate then charged at the Airport for ground rent <br />plus rent for the Improvements at its then fair market value based on Lessor's survey of <br />rent for similarly situated facilities at the Airport and at other similar, tertiary airports in <br />the Westem United States, which Lessor shall determine in its reasonable discretion. <br />13. General Provisions. <br />13.1 No Exclusive Rights. Nothing in this Lease shall be construed to grant to Lessee <br />any exclusive right or privilege for the conduct of any activity on the Airport, except to <br />lease the Premises for Lessee's exclusive use as provided herein. <br />13.2 Lease Preserves Authority's Compliance. This Lease shall be interpreted to <br />preserve Lessor's rights and powers to comply with Lessor's Federal and other <br />governmental obl igations. <br />13.3 Subordination to Authority's Government Commitments. This Lease is <br />subordinate to the provisions of any Lease between Lessor and the United States or other <br />governmental authority (regardless of when made) that affects the Airport, including, but <br />not limited to, leases governing the expenditure of Federal funds for Airport improvements. <br />In the event that the Federal Aviation Administration or other governmental authority <br />requires any modification to this Lease as a condition of Lessor entering any lease or <br />participating in any program applicable to the Airport, including, but not limited to, those <br />providing funding, Lessee agrees to consent to any such modification. If a governmental <br />authority determines that any act or omission of Lessee or Lessee's Associates has caused <br />or will cause Lessor to be noncompliant with any of Lessor's government commitments, <br />including, but not limited to, any assurances or covenants required of Lessor or obligations <br />imposed by law, Lessee shall immediately take all actions that may be necessary to <br />preserve Lessor's compliance with the same. Lessor shall have the right to terminate this <br />Lease and reenter and repossess any portion of the Premises if the U.S. Department of <br />Transportation or other governmental authority having jurisdiction expressly requires any <br />such action, subject to any review that may be afforded to Lessee by such authority. <br />Lessee's remedy shall be against the U.S. Depaftment of Transportation or other <br />governmentalauthority having jurisdiction that required such action in the same means as <br />an event of condemnation as provided above in section 1 1.2. <br />13.6 Subordination to Financing and Matters of Record. This Lease is subordinate to <br />the provisions of any leases or indentures entered by Lessor(regardless of when entered) <br />in connection with any debt financing applicable to the Airport and is subordinate to any <br />matter of record affecting the real property of the Airport. <br />13.7 Notices. Any notice, demand, written consent, or other communication required to <br />be in writing under this Lease shall be given in writing by personal delivery, express mail <br />(postage prepaid), nationally recognized overnight courier with all fees prepaid (such as <br />Federal Express or UPS), or certified mail (return receipt requested and postage prepaid) <br />when addressed to the respective parties as follows: <br />LESSEB ,IV <br />MilA <br />l9 LESSOR 7',)
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