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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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8.4.2 Insurance. Lessee shall provide or shall require Lessee's Associates to provide <br />builder's risk coverage to insure the improvements constructed on the Premises to the extent of not <br />less than one hundred percent ( 100%) of such improvements' full insurable value using the all-risk <br />form of protection, as well as general liability, auto, and workers cornpensation insurance coverage <br />as set forth in Section 7 to cover such work. Lessee shall also require design professionals to <br />provide errors and omissions coverage in an amount not less than one million dollars ($ 1,000,000). <br />All such insurance shall comply with and be subject to Lessor's insurance requirements including, <br />but not limited to, those set forth at Exhibit F. <br />8.4.3 Bonds. If required by Lessor, Lessee shall provide or shall require Lessee <br />Associates, as appropriate, to provide construction payment and perfonnance bonds in amounts <br />covering not less than one hundred ten percent (110%) of the contract price of such improvements <br />and in a form acceptable to Lessor. All such bonds shall name Lessor as a co-obligee. <br />8.5 Lease Applicable to Work. The provisions of this Lease shall apply to all work pursued <br />by Lessee to construct improvements, regardless of whether such work commences or concludes <br />before the Lease Date or after any expiration or termination ofthis Lease, including, but not limited <br />to, Lessee's indemnity, waiver, and insurance obligations under Section 7 and repair obligations <br />under Section 5.8, provisions prohibiting liens, and provisions requiring compliance with all Laws <br />and Regulations. Lessee shall provide for compliance with this Lease's requirements by Lessee's <br />Associates who are performing any work relating to constructing improvements. <br />8.6 Default for Failure to Complete. Lessee shall comply with the construction schedule <br />approved by Lessor. If such construction is not completed materially within any times required <br />by Lessee's approved schedule, or if forany reason Lessee failsto complete construction within <br />cto days of Lessee's approved date for substantial completion, Lessee shall be in <br />default under this Lease and Lessor shall have all of the rights set forth in Section l2 regarding a <br />forfeiture of Improvements in addition to all other remedies. Upon any default, Lessee shall turn <br />over to Lessor copies of all records associated with the work and shall work cooperatively with <br />Lessor. <br />8.7 Final Submittals. Lessee shall submit the following to Lessor within ninety (90) days of <br />beneficial occupancy: <br />8.7.1 Free of Liens. Lessee shall submit a statement that the Premises and Improvements <br />are free and clear of all liens, claims, or encumbrances, except when specifically authorized in the <br />manner permitted under this Lease. <br />8.7.2 As-Built Drawings. Lessee shall submit at its expense a complete set of accurate <br />"as-built" plans and specifications for the Improvements. Such plans and specifications shall <br />include one set of bond paper "record" drawings and electronic drawings that conform to a format <br />and to standards specified by Lessor. <br />LESSBE A-' <br />tMtt^ <br />29 LESSOR T',)
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