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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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2 <br />2.ADDITIONAL PROVISIONS ADDED TO LEASE. The following Paragraph 32 is <br />added to the Lease after Paragraph 31: <br />"32. LEASEHOLD SECURITY. lf Lessee assigns this lease to a lender <br />("Lende/') as security for a loan (such loan and security defined as the <br />"Leasehold Mortgage") as provided for in Paragraph 8 of this lease, the <br />following provisions apply: <br />(a) NOTICE TO LESSOR BY LENDER. Upon completion of the <br />Leasehold Mortgage, Lender shall give written notice to Lessor <br />including the name and address of the Lender. lf Lender's address <br />changes or if Lender assigns the Leasehold Mortgage to a new <br />Lender, written notice of Lender's new address or new Lender's <br />name and address, as the case may be, shall be provided to <br />Lessor. <br />(b)DEFAULT NOTI TO LENDER Lessor shall provide the <br />following notices to Lender: <br />(i) lf Lessor provides Lessee any notice of default or <br />termination under this lease, at the same time Lessor shall <br />provide a copy of such notice to Lender, and no such notice <br />shall be deemed to be given until a copy has been provided <br />to Lender, and such notice shall be deemed given three (3) <br />days after being placed in the U.S. mail in a properly <br />stamped envelope addressed to the Lender; and <br />(ii) Lessor shall provide notice to Lender of any arbitration or <br />other legal proceeding with Lessee relating to this lease. <br />(c)LENDER RIGHT TO REMEDY DEFAULT. If LessoT provides any <br />notice of default or termination under this lease, Lender shall have <br />the same period as provided to Lessee to remedy, or causing to be <br />remedied, any default plus, if applicable, the additional period <br />specified in Paragraph 32(d) below. Lessor shall accept <br />performance by Lender or at Lender's instigation as if the <br />pedormance had been by Lessee. Lessee authorizes Lender to <br />take any such action, at Lender's option, and authorizes entry of <br />Lender in the Property for such purpose. <br />(d)PROCEDURE IN EV ENT OF DEFAULT lf any default occurs <br />which entitles Lessor to terminate this lease, following the <br />expiration of the time given to Lessee to remedy the default Lessor <br />may not terminate this lease unless it provides sixty (60) days prior <br />written notice to Lender of its intent to terminate this lease. The <br />notice must specify the nature of the default and, if the default
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