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Hold PHearing_Lease_CraigClerf
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2024-02-20 2:00 PM - 2:00pm Public Hearing
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Hold PHearing_Lease_CraigClerf
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Last modified
2/15/2024 12:11:27 PM
Creation date
2/15/2024 12:07:44 PM
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Meeting
Date
2/20/2024
Meeting title
2:00pm Public Hearing
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Public Hearing to consider a Lease with Craig Clerf for Property located at the Kittitas County Airport, Bowers Field.
Order
1
Placement
2:00pm Public Hearing
Row ID
114596
Type
Hold Public Hearing
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LESSEE hereby assures that it will include the above clauses in all sub -leases and cause <br />sub -tenants to similarly include clauses in further sub -leases or partial assignments. <br />10. ASSIGNMENT, SUBLEASING AND RENTING. <br />Except as provided in this Section 10, Lessee shall not sell, assign, sublet, transfer, <br />mortgage, pledge, hypothecate or encumber this Lease or any interest therein, nor rent or <br />sublet the whole or any part of the Premises, nor shall this Lease or any interest hereunder <br />be assignable or transferable by operation of law or by any process or proceeding of any <br />court, or otherwise, without the prior written consent of Lessor, which consent shall not be <br />unreasonably withheld or delayed. Month -to -Month leases are not assignable. <br />10.1 Assignment by Lessee. Upon receipt of Lessor's prior written consent and as <br />otherwise provided in this Section 10, Lessee shall have the right to fully or partially assign <br />its rights under the Lease. Lessor reserves the right to refuse to give such consent if, in <br />Lessor's reasonable business judgment the proposed assignee is not financially or <br />otherwise reasonably capable of fully performing the obligations of Lessee under this <br />Lease; or that the proposed assignee's use of the Premises would result in the Premises or <br />Improvements being used in contravention of the terms of this Lease. The proposed <br />assignee/purchaser must meet all county requirements then existing for a new tenant and <br />assume the existing lease as tenant. In the event an assignee is approved by Lessor in <br />writing and upon such assignee's written acceptance of all terms and conditions of the <br />Lease, Lessee shall be released from any further obligation under the Lease. Provided, in <br />the event of a partial assignment, the Lessee and the assignee shall remain and be jointly <br />and severally liable for all Lessee obligations under the Lease, and all references to Lessee <br />in the Lease shall then and thereafter be deemed to include any and all partial assignees. <br />10.2 Assignment by Lessor. Lessor shall have the right, in Lessor's sole discretion, to <br />assign any of its rights under this Lease (and in connection therewith, shall be deemed to <br />have delegated its duties), and upon any such assignment, Lessee agrees that Lessee shall <br />perform its obligations under this Lease in favor of such assignee. <br />10.3 Transfer Fee. Each time the right to occupy a hangar unit is transferred by an <br />assignment, sublease or sale, the Lessee shall pay the Lessor a sum of $525.00, as an <br />administration fee. <br />10.4 REETI. Kittitas County reserves the right to impose the REET 1 tax on all sales <br />of leasehold improvements per RCW 82.46.010). Any city, town, or county may impose a <br />0.25% real estate excise tax — known as REET 1 or the "first quarter percent". If a county <br />imposes this tax, it is applied within the unincorporated areas only. <br />10.3 Encumbrances. Lessee shall not encumber or permit the encumbrance of any <br />real property at the Airport but not including the Premises. Lessee shall not encumber or <br />permit the encumbrance of any of Lessee's rights under this Lease without Lessor's prior <br />written consent, which consent shall not be unreasonably withheld or delayed. Any <br />purported encumbrance of rights in violation of this Section 10 shall be void. In connection <br />LESSEE Gc- 15 LESSOR <br />
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