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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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I i <br />4 <br />the Leasehold Moftgage shall be deemed to be an assignee other <br />than for security purposes and as such the assignee shall assume <br />performance of allterms, covenants and conditions of Lessee <br />under this lease. <br />(f)EFFECT FORECLOSURE/TRAN SFER.Notwithstanding any <br />other provision of this lease, any sale of this lease and of the <br />Leasehold Estate hereby created in any proceedings for the <br />foreclosure of any Leasehold Mortgage, or the assignment or <br />transfer of this lease and of the Leasehold Estate hereby created in <br />lieu of the foreclosure of any Leasehold Mortgage, shall be deemed <br />to be a permitted sale, transfer or assignment of this lease and of <br />the Leasehold Estate hereby created. <br />(g)BANKRUPTCY. In the event of an y proceeding by either Lessor or <br />Lessee under the United States Bankruptcy Code (Title 11 U.S.C') <br />as now or hereafter in effect: <br />(i)lf the lease is rejected in connection with a bankruptcy <br />proceeding by Lessee or a trustee in bankruptcy for Lessee, <br />such rejection shall be deemed an assignment by Lessee to <br />Lender of the Leasehold Estate and all of Lessee's interest <br />under this lease, in the nature of an assignment in lieu of <br />foreclosure, and this lease shall not terminate and Lender <br />shall have all the rights of Lender under this Paragraph 32(g) <br />as if such bankruptcy proceeding had not occurred unless <br />such Lender shall reject such deemed assignment by notice <br />in writing to Lessor within thirty (30) days following rejection <br />of the lease by Lessee or Lessee's trustee in bankruptcy. <br />(ii) lf the lease is rejected by Lessor or by Lessor's trustee in <br />bankruptcy: <br />(1) Lessee shall not have the right to treat this lease as <br />terminated except with the prior written consent of <br />Lender; and the right to treat this lease as terminated <br />in such event shall be deemed assigned to Lender, <br />whether or not specifically set forth in any such <br />Leasehold Mortgage, so that the concurrence in <br />writing of Lessee and Lender shall be required as a <br />condition to treating this lease as terminated in <br />connection with such Proceeding. <br />(2) lf this lease is not treated as terminated in accordance <br />with Paragraph 32(g)(iix1)above, then this lease <br />shall continue in effect upon all of the terms and
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