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Lease Addendum
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02. February
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2025-02-04 10:00 AM - Commissioners' Agenda
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Lease Addendum
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Last modified
2/6/2025 12:18:48 PM
Creation date
2/6/2025 12:18:31 PM
Metadata
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Template:
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
Fully Executed Version
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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{ <br />13.12 Anrendments and Waivers. No atnenduent to this Lease shall bc binding on <br />Lessor or Lessee unless reciuced to writing arrd signed by both parties. No provision of this <br />Lease may be waived, except pursuant to a writing exccuted by the party against whom the <br />waivcr is sougltt to be enforced. <br />13.13 Severabilify. lf any provision of this Lease is delermined to be invalid, illegal, or <br />uncnforceable" the remaining provisions ol'this Lease shall reurain in firll f,orce and ell'ect <br />if troth thc econgrnic antl legal substance of the transactions that this Lease contetnplates <br />arc not affcctecl in any tnanner rlateriatly adverse to any party. If any provision of this <br />Lease is held invalid, iltegal, or unenfbrceable, the parlies shall ncgotiate in good faith to <br />modify this Lease to fulfillas closely as possible the original intents and purposes of this <br />Lcase. <br />13.14 Merger. This Lease constitutes the frnal, complete, and exclusive Lease between <br />the partics on the urat{ers contained in this Lease. All prior and contctnporancous <br />negotiations and Leases between the parties on the matters contained in this Lease are <br />cxprcssly merged into and superseded by this Lease. ln entering into this Lease, neither <br />party has relied on any statement, representation, warmnty, nor Lease of the other party <br />except for those expressly contained in this Lease. <br />13.15 Conlidcntiality. Lessee acknowledges that Lessor is subject to legal requirements <br />regarding thc public disclosure of records. Lessee shall comply with such laws in <br />connection with nraking any request that Lessor maintain a record confidentially, and if <br />Lcssee cornplies with the same Lessee shall have the right to defend any such request for <br />confi dentiality at Lessee's expense. <br />t3.16 Relationship of Parties. This Lease does not create any partnership, joint venture, <br />employment, or agen.y 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 exeoute any document or take any action <br />that may be necessary or desirable to consummate and make effcctive a perfornlance that <br />is required under this Lease. <br />13.18 Miscellaneous. The headings in this Lease are provided forconvenience only and <br />do not atfect this Leasc's construction or interpretation. All references to Sections are to <br />Sections ip this Lease. Each provisicn to be perfontted 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 rcquiring construction or interpretation against the drafting party. If <br />L.rr." consists of rnore than one individual or entity, the <lbligations of all such individuals <br />and entities shall be joint and several. Refetences in this Lease to any period of days shall <br />mcan calendar days unless specifically stated otherwise' <br />13.19 Binding Obligation. Lessee warrants and represents that it has <br />and legal capacity to enter into and perform its obligations under this <br />valid, ancl binding obligation of Lcsscc. All leases involving married <br />executed by both spouses. All entity tenants shall execute the lease <br />the right, power, <br />Lease as a legal, <br />tenants shall be <br />by authorized or <br />r,essnu Rrn 2t
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