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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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13.12 Amendments and Waivers. No amendment to this Lease shall be binding on <br />Lessor or Lessee unless reduced to writing and signed by both parties. No provision of this <br />Lease may be waived, except pursuant to a writing executed by the party against whom the <br />waiver is sought to be enforced. <br />13.13 Severability. If any provision of this Lease is determined to be invalid, illegal, or <br />unenforceable, the remaining provisions of this Lease shall remain in full force and effect <br />if both the economic and legal substance of the transactions that this Lease contemplates <br />are not affected in any manner materially adverse to any party. If any provision of this <br />Lease is held invalid, illegal, or unenforceable, the parties shall negotiate in good faith to <br />modify this Lease to fulfill as closely as possible the original intents and purposes of this <br />Lease. <br />13.14 Merger. This Lease constitutes the final, complete, and exclusive Lease between <br />the parties on the matters contained in this Lease. All prior and contemporaneous <br />negotiations and Leases between the parties on the matters contained in this Lease are <br />expressly merged into and superseded by this Lease. In entering into this Lease, neither <br />party has relied on any statement, representation, warranty, nor Lease of the other party <br />except for those expressly contained in this Lease. <br />13.15 Confidentiality. Lessee acknowledges that Lessor is subject to legal requirements <br />regarding the public disclosure of records. Lessee shall comply with such laws in <br />connection with making any request that Lessor maintain a record confidentially, and if <br />Lessee complies with the same Lessee shall have the right to defend any such request for <br />confidentiality at Lessee's expense. <br />13.16 Relationship of Parties. This Lease does not create any partnership, joint venture, <br />employment, or agency relationship between the parties. Nothing in this Lease shall confer <br />upon any other person or entity any right, benefit, or remedy of any nature. <br />13.17 Further Assurances. Each party shall execute any document or take any action <br />that may be necessary or desirable to consummate and make effective a performance that <br />is required under this Lease. <br />13.18 Miscellaneous. The headings in this Lease are provided for convenience only and <br />do not affect this Lease's construction or interpretation. All references to Sections are to <br />Sections in this Lease. Each provision to be performed by Lessee shall be construed as both <br />a covenant and a condition. This Lease shall be construed without regard to any <br />presumption or rule requiring construction or interpretation against the drafting party. If <br />Lessee consists of more than one individual or entity, the obligations of all such individuals <br />and entities shall be joint and several. References in this Lease to any period of days shall <br />mean calendar days unless specifically stated otherwise. <br />13.19 Binding Obligation. Lessee warrants and represents that it has the right, power, <br />and legal capacity to enter into and perform its obligations under this Lease as a legal, <br />valid, and binding obligation of Lessee. All leases involving married tenants shall be <br />executed by both spouses. All entity tenants shall execute the lease by authorized or <br />LESSEE <br />KiY\ 21 LESSOR_b/4 <br />
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