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Hold PHearing_Lease_CraigClerf
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02. February
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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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11.2 Condemnation. In the event of any condemnation proceeding in which all or any <br />part of the Premises or Improvements is taken, Lessee may pursue a claim against the <br />condemner for the value of the Improvements and Lessee's leasehold interest condemned, <br />and any sub -Lessees may pursue a claim against the condemner for the value of their sub <br />tenancy interests. In the event of a partial taking, Lessor shall reduce the ground rent <br />payable by Lessee on a pro rata basis for portions of the Premises so taken. If Lessor <br />determines in its sole discretion that all or a material portion of the Premises will be, or has <br />been rendered, not reasonably subject to lease as a result of such taking, Lessor may <br />terminate this Lease by giving Lessee a written notice of termination, and this Lease shall <br />terminate under the provisions of Section 12.2 at the time specified in the notice, which <br />shall not be less than thirty (30) days after the date of such notice. <br />12. DEFAULT. <br />12.1 Lessee's Default. The occurrence of any of the following events shall constitute a <br />default by Lessee under this Lease unless cured within thirty (30) days following written <br />notice of such violation from Lessor: (i) Lessee fails to timely pay any installment of rent <br />or any additional rent; (ii) Lessee violates any requirement under this Lease, including, but <br />not limited to, abandonment of the Premises; (iii) Lessee assigns or encumbers any right in <br />this Lease, delegates any performance hereunder, or subleases or rents any part of the <br />Premises, except as expressly permitted in this Lease; (iv) Lessee files a petition in <br />bankruptcy or has a petition filed against Lessee in bankruptcy, insolvency, or for <br />reorganization or appointment of a receiver or trustee which is not dismissed within sixty <br />(60) days; (v) or Lessee petitions for or enters into an arrangement for the benefit of <br />creditors, or suffers this Lease to become subject to a writ of execution and such writ is not <br />released within thirty (30) days. If the nature of Lessee's obligation is such that more than <br />thirty (30) days are reasonably required for performance or cure or a different time for <br />performance is specified, Lessee shall not be in default if Lessee commences performance <br />within such thirty (30) day or specified period and thereafter diligently prosecutes the same <br />to completion. <br />12.2 Remedies. Upon any default by Lessee under this Lease and subject to Section 12, <br />Lessor may at any time pursue any or all remedies available to Lessor, including, but not <br />limited to, the following: (i) perform in Lessee's stead any obligation that Lessee has failed <br />to perform, and Lessee shall promptly pay to Lessor all costs incurred by Lessor for such <br />performance, together with interest and service fees for any past due amounts (as provided <br />in Section 3.2) and an administrative charge equal to twelve percent (12%) of the cost <br />incurred by Lessor which the parties agree is a reasonable estimate of and liquidated <br />damages for Lessor's overhead expenses associated with such performance; (ii) terminate <br />Lessee's rights under this Lease upon delivering a written notice of termination; and (iii) <br />re-enter and take possession of the Premises by any lawful means with or without <br />terminating this Lease. Lessee shall pay all costs and damages arising out of Lessee's <br />default, including, but not limited to, the cost of recovering possession of the Premises, the <br />cost of improving and reletting the Premises, including, but not limited to, any real estate <br />broker fees or marketing costs, and attorneys' fees and costs regardless of whether formal <br />action is commenced or concluded. No action by Lessor or Lessor's Associates shall be <br />LESSEE C 17 LESSOR <br />
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