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EmoryLLC_AmendmenttoLease_LotC3_BowersField
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02. February
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2025-02-18 10:00 AM - Commissioners' Agenda
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EmoryLLC_AmendmenttoLease_LotC3_BowersField
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Last modified
2/13/2025 12:07:24 PM
Creation date
2/13/2025 12:04:25 PM
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Meeting
Date
2/18/2025
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 Emory LLC for Airport Property within the Industrial Area at Bowers Field
Order
12
Placement
Consent Agenda
Row ID
127511
Type
Resolution
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KITTITAS COUNTY AIRPORT <br />(b) If there is a mathematical dispute and the Lessee does not agree that the CPI <br />index, above listed, yields the rental rates for one of the subsequent five year terms, <br />the Lessee may request arbitration. If the Lessee elects to arbitrate, the Lessee <br />shall select one arbitrator and the Lessor shall select one arbitrator and the two so <br />chosen shall select a third arbitrator. The arbitrators shall have the authority to <br />calculate the rental rate for the next five years based upon the above -listed CPI <br />index, and both parties shall be bound by the decision of the arbitrators. The cost <br />of arbitration shall be borne by the Lessee. <br />4) LEASEHOLD TAX: Unless exempt from the requirement to pay leasehold taxes, the <br />Lessee shall pay to the County, the leasehold tax as set forth by the State of <br />Washington, in Chapter 61, Laws of 1976, Second Executive Session (RCW 82.29A) or <br />as amended. The tax shall be due and payable at the same time the rental charged <br />herein is due and payable. <br />5) FIRE PROTECTION ASSESSMENT: In addition to any rental herein provided, the <br />Lessee shall pay a fee which shall be in lieu of taxes for fire protection services. The <br />annual rate shall be based upon the annual fire assessment determined by the Kittitas <br />County Assessor and Kittitas Valley Fire & Rescue to be calculated on January 15' of the <br />current year. The assessment shall be due and payable concurrently with the annual <br />lease payment. <br />6) MAINTENANCE: The Lessee covenants, promises, and agrees that it will perform <br />all routine maintenance on said premises hereby demised so as to keep the same in as <br />good as condition as the same now exists. Damage by fire, acts of God and reasonable <br />wear, tear, and usage are excepted. <br />The Lessee further agrees that it will not commit waste, and that it will keep said <br />premises and grounds, including those owned by the Lessee in a safe, sanitary and <br />orderly condition and in general shall comply with all the applicable governmental rules, <br />ordinances and regulations as may be required or imposed by such authorities on said <br />premises hereby demised, and shall comply with any direction pursuant to law of any <br />public officer or officers who shall be empowered to enforce all local, state, and federal <br />rules, regulations and ordinances upon the Lessee with respect to the demised premises <br />or the use, occupancy, or control thereof, or the conduct of any business therein, and <br />shall not suffer any improper or offensive use of said premises. <br />The Lessee shall at all times comply with the rules and regulations relative to noxious <br />weeds of the Weed District in which said leased premises is located. Lessee shall <br />maintain the grounds in a neat and clean condition. This shall include mowing or <br />spraying of grass and weeds. All herbicides or other materials used for the control or <br />nurturing of grass and weeds shall be used in strict accordance with all federal, state <br />and local statutes, rules and regulations. <br />The Lessee shall have the right to install or place signs or posters anywhere on or about <br />the leased premises which are not in violation of law, rules or regulation and which do <br />not produce a hazard for the County or other Lessees or persons at the airport. All such <br />LAND LEASE -INDUSTRIAL AREA �� � PAGE 2��� <br />
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