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Lease Addendum_Mitchell_BowersField_LotH33
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02. February
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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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11. Damage, Destruction, and Condemnation. <br />11.1 Damage or Destruction of Premises. if any portion of the Premises or the <br />Improvements is damaged in any manner, Lessee shall promptly remove from the Airport <br />all daTnagcs and debris and timely cause repairs to be made to restore the Premises and <br />Improvements to an orderly and safe condition; provided the Lessee shall not be required <br />to restore the Improvements. In the event new Improvements are undertaken by Lessee, all <br />work shalt be perfonned in accordance with the terms of this Lease, and Lessee shall not <br />receive any abatement of Lessee's rent obligations. <br />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 arc 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 />LESSEE _ 17 LESSOR.1, � <br />
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