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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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6.3 Title to Improvements: <br />During the term of this Lease, provided LESSEE is not in default, all portions of the <br />Improvements shall be and remain the property of the LESSEE regardless of its status for <br />tax purposes as being real or personal property. <br />6.4 Disposition of Improvements upon Termination: <br />Upon termination of this lease, except as stated in sections 6.4.1,6.4.2, all improvements <br />remaining upon the leased premises become the property of LESSOR, free and clear, <br />without any liability of LESSOR to LESSEE. The following disposition is at the option <br />of Kittitas County. <br />6.4.1 Lessee's Ability to Sell Improvements <br />A Lessee who has constructed improvements upon the leased premises and has at <br />least one (l) year of the lease term remaining before the termination of his/her <br />lease, may, after giving notice to the Airport Director of his/her desire to sell, hire <br />and pay for the services of an appraiser of mutual acceptance. The appraiser shall <br />detennine the remaining useful life of the improvement, and the County may, if <br />the potential new lease and tenant appear to be in the County's best interest, lease <br />the premises (land) to this new Lessee (improvement purchaser) for fifty (50%) <br />percent of the remaining useful life of the improvement. This provision is <br />additional to the tenant's ability to simply sell the improvement and assign or <br />sublet the lease for the remainder of the lease term. <br />6.4.2 Lessee's first right to release: <br />In the event the county elects to release, tenant has first right to lease the <br />property and improvements. For expiring leases with no options to extend the <br />tenant should have the first right to relet the property and improvements under a <br />new lease at the then current rent, terms, and conditions. <br />6.4.3 Removal of Improvements: <br />Should LESSOR desire the removal of LESSEE's improvements upon the date of <br />LEASE termination, LESSOR shall give LESSEE written notice to remove all <br />improvements and return the premises to its state as before the LEASE at least <br />thifty (30) days prior to the termination date for the LEASE. Upon removal, the <br />premises shall be left in a neat and orderly condition, without debris and shall be <br />graded level. <br />6.4.4 Failure to Remove Improvements as requested: <br />Should the premises not be left in such condition, after LESSEE received such <br />notice, LESSOR may remove improvements and repair the premises and seek <br />reimbursement from LESSEE in any manner allowed by law. <br />LESSEE il*8 <br />'(/U4M <br />LESSOR
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