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CarreraHangars_LeaseAmendment_Bowers Field
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01. January
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2025-01-21 10:00 AM - Commissioners' Agenda
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CarreraHangars_LeaseAmendment_Bowers Field
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Last modified
1/16/2025 1:12:07 PM
Creation date
1/16/2025 1:03:06 PM
Metadata
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Template:
Meeting
Date
1/21/2025
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 and Sign an Amendment to a Lease with Carrera Hangars Bowers Field, LP for Lot H-20A within the Aeronautical Area of Bowers Field
Order
18
Placement
Consent Agenda
Row ID
126584
Type
Resolution
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KITTITAS COUNTY <br />AIRPORT <br />3. INTENT OF AGREEMENT: <br />The intent of this agreement is to allow Lessee to develop what is now bare land <br />into an upscale aircraft hangar complex. The hangars include the addition of all <br />necessary infrastructure (access roads, taxiways, water, sewer, gas, telephone, <br />etc.), but only to the extent required for such development, at the sole expense of <br />Lessee. Failure to commence the construction of the infrastructure required for <br />development within TEN (10) months from the effective date of this lease, or to <br />complete the same within three (3) years from the effective date of this lease, <br />shall be grounds for termination of this Lease at the sole discretion of the Lessor. <br />Lessee may develop all or any portion of the Agreement Property as provided in the <br />plat map attached hereto as Exhibit A, subject to the terms and conditions set forth <br />elsewhere herein. <br />4. ADJUSTMENT OF RENTAL: Pursuant to RCW 36.34.180 the rental for every five <br />year period thereafter, or part thereof, at the commencement of such period, shall <br />be readjusted and fixed by the Board of County Commissioners; <br />(a) After the fifth year, the Lessor shall have the right to readjust the rent <br />on or before March 1 sc of the fifth, tenth, fifteenth, twentieth, twenty- <br />fifth, thirtieth, and thirty-fifth years of this lease for each following five <br />year period; and the increase shall BE THE CUMULATIVE EFFECT <br />OF THE CPI INDEX OVER THE PREVIOUS FIVE YEARS. It is agreed <br />between LESSOR and LESSEE that the following CPI Index will be used <br />for future rental increases: <br />"CPI — All Cities All Items Size Class D Under 50,000." <br />(b) If there is a mathematical dispute and the Lessee does not agree that <br />the CPI index, above listed, yields the rental rates for one of the subsequent <br />five year terms, the Lessee may request arbitration. If the Lessee elects to <br />arbitrate, the Lessee shall select one arbitrator and the Lessor shall select <br />one arbitrator and the two so chosen shall select a third arbitrator. The <br />arbitrators shall have the authority to calculate the rental rate for the next five <br />years based upon the above -listed CPI index, and both parties shall be <br />bound by the decision of the arbitrators. The cost of arbitration shall be <br />bome by the Lessee. <br />5. LEASEHOLD TAX: In addition to any rental herein provided, the Lessee shall pay <br />to the Lessor the leasehold tax as set forth by the State of Washington in Chapter <br />61, Laws of 1976, Second Executive Session (R.C.W. 82.29A) or as amended. <br />The tax shall be due and payable at the same time the rental charged herein is due <br />and payable. Lessee shall neither suffer nor permit the attachment of any lien or <br />other encumbrance on the Property. <br />ASSOCIATION LEASE PAGE 2 <br />
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