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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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13.3 Subordination to Authority's Government Commitments. This Lease is <br />subordinate to the provisions of any Lease between Lessor and the United States or other <br />governmental authority (regardless of when made) that affects the Airport, including, but <br />not limited to, leases governing the expenditure of Federal funds for Airport improvements. <br />In the event that the Federal Aviation Administration or other governmental authority <br />requires any modification to this Lease as a condition of Lessor entering any lease or <br />participating in any program applicable to the Airport, including, but not limited to, those <br />providing funding, Lessee agrees to consent to any such modification. If a governmental <br />authority determines that any act or omission of Lessee or Lessee's Associates has caused <br />or will cause Lessor to be noncompliant with any of Lessor's government commitments, <br />including, but not limited to, any assurances or covenants required of Lessor or obligations <br />imposed by law, Lessee shall immediately take all actions that may be necessary to <br />preserve Lessor's compliance with the same. Lessor shall have the right to terminate this <br />Lease and reenter and repossess any portion of the Premises if the U.S. Department of <br />Transportation or other governmental authority having jurisdiction expressly requires any <br />such action, subject to any review that may be afforded to Lessee by such authority. <br />Lessee's remedy shall be against the U.S. Department of Transportation or other <br />governmental authority having jurisdiction that required such action in the same means as <br />an event of condemnation as provided above in section 11.2. <br />13.6 Subordination to Financing and Matters of Record. This Lease is subordinate to <br />the provisions of any leases or indentures entered by Lessor (regardless of when entered) <br />in connection with any debt financing applicable to the Airport and is subordinate to any <br />matter of record affecting the real property of the Airport. <br />13.7 Notices. Any notice, demand, written consent, or other communication required to <br />be in writing under this Lease shall be given in writing by personal delivery, express mail <br />(postage prepaid), nationally recognized overnight courier with all fees prepaid (such as <br />Federal Express or UPS), or certified mail (return receipt requested and postage prepaid) <br />when addressed to the respective parties as follows: <br />Lessor: Airport Director <br />Bowers Field <br />3110 Airport Rd <br />Ellensburg WA 98926 <br />Lessee: Ron and Sonja Mitchell <br />1 i 93 Naneum Road <br />Ellensburg, WA 98926 <br />Either Lessor or Lessee may change its notice address by giving written notice (as provided <br />herein) of such change to the other party. Any notice, demand, or written consent or <br />communication shall be deemed to have been given, and shall be effective, upon <br />compliance with this Section 13.7 and delivery to the notice address then in effect for the <br />LESSEE_ 19 LESSOR (/kh- <br />
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