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Original Resolution & Lease
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05. May
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2023-05-16 10:00 AM - Commissioners' Agenda
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Original Resolution & Lease
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Last modified
5/11/2023 12:11:39 PM
Creation date
5/11/2023 12:11:01 PM
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Meeting
Date
5/16/2023
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 amending the lease between the City of Cle Elum and the Kittitas County Sheriff’s Office for the old Public Works shop facility, removing leasehold tax language.
Order
20
Placement
Consent Agenda
Row ID
103113
Type
Resolution
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CITY OF CLE ELUM <br />(e) Other Insurance Provisions <br />Kittitas County self -insures losses incurred by Lessee that are <br />determined not within coverage (occurrence date or exclusion) of the Pool's Joint Self -Insurance <br />Memorandum of Liability Coverage Document <br />(f) Verification of Coverage <br />Kittitas County shall issue a "Letter of Risk Pool Liability Coverage" to Lessor regarding Lessee's liability <br />coverage for this Lease Agreement. A Pool Memorandum of Liability Coverage (NEC) will also be issued <br />to Lessor, identifying the Lease Agreement and naming Lessor as Certificate Holder. <br />(g) Waiver of Subrogation <br />Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising <br />from or caused by any hazard covered by property insurance on or in connection with the Premises or said <br />building. This release shall apply only to the extent that such claim, loss or liability is covered by <br />insurance. <br />(h) Notice of Cancellation <br />The Lessee shall provide the Lessor with written notice of any policy cancellation within two business <br />days of their receipt of such notice. <br />(1) Failure to Maintain Insurance <br />Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of <br />lease, upon which the Lessor may, after giving five business days' notice to the Lessee to correct the <br />breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all <br />premiums in connection therewith, with any sums so expended to be repaid to the Lessor on demand. <br />() Lessor FuR Availability of Leasee Limits <br />If the Lessee maintains higher insurance limits than the minimums shown above, the Lessor shall be <br />insured for the full available limits of Commercial General and Excess or Umbrella liability maintained <br />by the Lessee, irrespective of whether such limits maintained by the Lessee are greater than those required <br />by this Lease or whether any certificate of insurance furnished to the Lesser evidences limits of liability <br />lower than those maintained by the Lessee. <br />12. DEFAULT: In the event the Lessee shall fail to comply with any of Lessee's commitments, duties or <br />responsibilities under this lease, or any of its conditions or terms as herein stated, the Lessor may terminate <br />this lease by giving thirty (30) days written notice ofthe conditions or terms Ding violated. If said failures <br />are not corrected within the thirty (30) day period, this lease may be terminated and the Lessor shall be <br />entitled to peaceably retake possession of the premises, provided the Lessee shall have the right to remove <br />improvements as herein provided. In addition to the provisions hereinabove, and/or as an alternative or <br />cumulative remedy, Lessor may, at its sole election, pursue any other action, redress, or remedy now <br />or hereafter available to Lessor under the laws of the State of Washington, including its Landlord - <br />Tenant laws. <br />PAGE 4 <br />
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