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Lease Addendum_Mitchell_BowersField_LotH33
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2025-02-04 10:00 AM - Commissioners' Agenda
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Lease Addendum_Mitchell_BowersField_LotH33
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Last modified
1/30/2025 12:11:59 PM
Creation date
1/30/2025 12:07:33 PM
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Meeting
Date
2/4/2025
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 an Amendment to a Lease with Ron and Sonja Mitchell for Lot H-33 within the Aeronautical Area of Bowers Field
Order
19
Placement
Consent Agenda
Row ID
126968
Type
Resolution
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Upon the expiration of this Lease and in the event of the acquisition of the <br />Improvements by Lessor, Lessee. at Lessee's sole cost, shall (i) promptly and <br />peaceably surrender to Lessor the Premises and Improvements clean and free of <br />debris and in good order and condition; (ii) repair in a good and workmanlike <br />manner any damage to the Premises, reasonable wear and tear excepted, or the <br />Airport by the removal of Lessee's personal property; (iii) deliver to Lessor all <br />keys and other items integral for access and operation of the Improvements: (iv) <br />perform Lessee's environmental obligations as provided in Section 7, and (v) <br />remove all movable personal property and trade fixtures and signage that are not <br />owned by Lessor; provided that Lessee must obtain Lessor's prior written consent <br />to remove any such property if such removal may impair the structure of any <br />building. Upon any expiration or termination of this Lease, including, but not <br />limited to, termination for abandonment of the Premises, all property that Lessee <br />leaves on the Premises shall conclusively be deemed to have been abandoned and <br />may be appropriated, sold, stored, destroyed, or otherwise disposed of by Lessor <br />without notice. and without any obligation to account, to Lessee or any other <br />person, provided that the disposition of Improvements shall be as provided in <br />Section 6.4. Lessee shall pay to Lessor all expenses incurred in connection with <br />the disposition of such property in excess of any amount received by Lessor from <br />such disposition. <br />6.5 Failure to construct Improvements: <br />LESSEE agrees that, should LESSEE fail to construct the structure(s) described in Exhibit <br />"D" as outlined in the negotiated construction schedule and in conformity with airport <br />standards (also part of Exhibit D), this lease shall automatically terminate, and LESSEE <br />forfeits any and all interest in the premises. Proposed improvements must have a negotiated <br />construction schedule and be determined in conformity with applicable airport standards <br />prior to making application for a building permit. General construction requirements are <br />attached hereto as Exhibit E and incorporated herein by this reference. Lessor approval is <br />required for all such building permit applications. <br />6.6 Duty of LESSEE to prevent or remove encumbrances to improvements: <br />LESSEE shall, as additional consideration for the grant of this LEASE, insure that all liens, <br />security interest and other encumbrances against said improvements and structures except <br />those created or suffered by LESSOR, whether consensual or involuntary, shall be paid, <br />discharged or satisfied prior to the time for reversion thereof to LESSOR; and, in any event, <br />the parties acknowledge that LESSOR shall not, by virtue of termination of the leasehold <br />interest nor reversion of the structures or other improvements, be liable for any debt or <br />encumbrance associated therewith, whether now existing or hereafter incurred, levied or <br />attached. <br />HAZARDOUS SUBSTANCES: <br />LESSEE YYi 9 LESSOR <br />
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