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01. January
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2025-01-21 10:00 AM - Commissioners' Agenda
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Lease Amendment
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Last modified
2/5/2025 10:50:00 AM
Creation date
2/5/2025 10:49:32 AM
Metadata
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Template:
Meeting
Date
1/21/2025
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Request to Approve and Sign an Amendment to a Lease with Carrera Hangars Bowers Field, LP for Lot H-20A within the Aeronautical Area of Bowers Field
Order
18
Placement
Consent Agenda
Row ID
126584
Type
Resolution
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{ <br />AIRPORTKITTITAS COUNry <br />3 INTENT OF AGREEMENT: <br />The intent of this agreement is to allow Lessee to develop what is now_b.are land <br />into an upscate airiraft hangar complex. The hangars include the addition of all <br />n"r"ttary infraStructure (access roads, taxiways, water, sewer, gas, telephone, <br />"i..i, Urt'only to the extent required for such development, at the sole expense of <br />Lesiee. Failure to commence the construction of the infrastructure required for <br />Oevelopment within TEN (10) months from the effective date of this lease, or to <br />complete the same within tlrree (3) years from lhe effective date of this lease, <br />rnifi u" grounds for termination of thii Lease at the sole discretion of the Lessor. <br />Lessee may develop all or any portion of the Agreement Property as prwided in the <br />pf"t rrp it{acneO hereto as Exhibit A, subiect to the terms and conditions set forth <br />elsewhere herein. <br />ADJUSTMENT OF RENTAL: Pursuant to RCW 36.34.180 the rentalfor every ftve <br />thereof, at the @mmencement of such period' shall <br />6e readjusted and fixed bythe Board of Coung Commissioners; <br />(a) After the fifth year, thq Lessor shall have the right to readjust the rent <br />on or before March 1st of the fifth, tenth, fifteenth, twentieth, twenty- <br />fifth, thirtieth, and thirty-fifth years of this lease for each following five <br />yeai period; and the increase shall BE THE CUMULATIVE EFFECT <br />br rire cpt TNDEX oVER THE PREVIoUS FIVE YEARS. lt is agreed <br />between LESSOR and LESSEE thatthe following CPI lndex will be used <br />for future rental increases: <br />"CPl - All Gities-All ltems Size Glass D Under 50,000." <br />(b) lf there is a mathematicaldispute and the Lessee does not agree that <br />ifi6 Cpf index, above listed, yields the rental rates for one of the subsequent <br />five year terms, the Lessee may request arbitration. lf the Lessee elects to <br />arbitrate, the Lessee shall select one arbitrator and the Lessor shall select <br />one arbitrator and the two so chosen shall select a thhd arbitrator' The <br />arbitrators shall have the authority to calculate the rentral rate for the next five <br />years based upon the abovelisted CPI index, and both parties shall be <br />6ound by the decision of the arbitrators. The cost of arbitration shall be <br />bome by the Lessee. <br />LEASEHOLD TAX: ln addition to any rental herein provided, the Lessee shall pay <br />ffiaseholdtaxassetforthbytheStateofWashingtoninChapter <br />01, t.*r of 1g7G, Second Executive Session (R.C.W. 82.29A1or as amended. <br />The tax shall be due and payable at the same time the rentalcharged h-erein is due <br />anO payaOle. Lessee shall neither suffer nor permit the attachment of any lien or <br />other encumbrance on the ProPer$. <br />4. <br />5. <br />ASSOCIATION LEASE PAGE 2
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