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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
Metadata
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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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Neither LESSEE nor LESSEE's Associates shall be liable for any loss or damage to <br />persons or property sustained by LESSOR, or other persons, which may be caused by <br />the AIRPORT, or any appurtenances thereto, being out of repair, or by theft or by any <br />act of neglect or omission of LESSOR or LESSOR's Associates, or of any other person, <br />or by any other cause of whatsoever nature, unless caused by the negligence of LESSEE <br />or LESSEE's Associates. <br />8.3 LESSEE'S Use: <br />LESSEE shall indemnify and hold harmless LESSOR and LESSOR's Associates <br />against and from any and all claims, liability, obligation, cost or expense, including <br />attorneys' fees, incurred or arising from or by reason of the use of the PREMISES by <br />LESSEE or LESSEE's Associates from any activity, work, or thing done, permitted or <br />suffered by the LESSEE or LESSEE's Associates in or about the PREMISES, and shall <br />further indemnify and hold harmless LESSOR and LESSOR's Associates against and <br />from any and all claims, liabilities, costs, obligations and expenses, including attorneys' <br />fees, arising from or incurred by reason of any breach or default in the performance of <br />any obligation on LESSEE's part to be performed under the terms of this LEASE and <br />from and against all costs, attorneys' fees, expenses and liabilities incurred in or about <br />such claim or any action or proceeding brought thereon. <br />8.4 Concurrent Negligence: <br />Notwithstanding the provisions of Sections 8.1 or 8.2 above, in the event of the <br />concurrent negligence of the LESSEE and LESSEE's Associates on the one hand and <br />that of LESSOR and LESSOR's Associates on the other hand, which concurrent <br />negligence results in injury or damage to persons or property and relates to the use, <br />occupation, construction, alteration, repair, addition to, subtraction from, improvement <br />to or maintenance of the PREMISES, then: <br />A. LESSEE's obligation to indemnify LESSOR as set forth in this Section shall be <br />limited to the extent of LESSEE's negligence, and that of LESSEE's Associates, <br />including LESSEE's proportional share of costs, attorneys' fees, and expenses <br />incurred in connection with any claim, action or proceeding brought with respect <br />to such injury or damage; and <br />B. LESSOR's obligation to indemnify LESSEE as set forth in this Section shall be <br />limited to the extent of LESSOR's negligence, and that of LESSOR's <br />Associates, including LESSOR's proportional share of costs, attorneys' fees, and <br />expenses incurred in connection with any claim, action or proceeding brought <br />with respect to such injury or damage. <br />LESSEE \� 12 LESSOR <br />
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