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StaffReportLeaseAmendment_RBR_LotH24_20260401
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2026-04-07 10:00 AM - Commissioners' Agenda
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StaffReportLeaseAmendment_RBR_LotH24_20260401
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Last modified
4/2/2026 12:29:41 PM
Creation date
4/2/2026 12:23:48 PM
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Meeting
Date
4/7/2026
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 and Sign a Lease Amendment with RBR Investments Aviation LLC for Lot H-24 within the Aeronautical Area of Bowers Field
Order
16
Placement
Consent Agenda
Row ID
143218
Type
Resolution
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8.2 Indemnity by LESSOR: <br />Subject to the provisions of Section 8.4 below, LESSOR will save and hold LESSEE, <br />and LESSEE's Associates harmless from and against all loss, damage, liability or <br />expense, including reasonable attorneys' fees, resulting from, claimed by or against or <br />incurred by LESSEE or arising from any injury to any person or loss of or damage to <br />any property caused by or resulting from any negligent act or omission or willful <br />misconduct of LESSOR or of LESSOR's Associates in or about the PREMISES or <br />AIRPORT or arising from or incurred by reason of any breach or default in the <br />performance of any obligation on LESSOR's part to be performed under the terms of <br />this LEASE and from and against al costs, reasonable attorneys' flees, expenses and <br />liabilities incurred in or about such claim or any action or proceeding brought thereon. <br />Neither LESSEE nor LESSFE's Associates shall be liable for any loss or damage to <br />persons or property sustained by LESSOR, or other persons, which may be caused by <br />the AIRPORT, or any appurtenances thereto, being out of repair, or by theft or by any <br />act of neglect or omission of LESSOR or LESSOR's Associates, or of any other person, <br />or by any other cause of whatsoever nature, unless caused by the negligence of LESSEE <br />or LESSEE's Associates. <br />8.3 LESSEE'S Use: <br />LESSEE shall indemnify and hold harmless LESSOR and LESSOR's Associates <br />against and from any and all claims, liability, obligation, cost or expense, including <br />attorneys' fees, incurred or arising from or by reason of the use of the PREMISES by <br />LESSEE or LESSEE's Associates from any activity, work, or thing done, permitted or <br />suffered by the LESSEE or LESSEE's Associates in or about the PREMISES, and shall <br />further indemnify and hold harmless LESSOR and LESSOR's Associates against and <br />from any and all claims, liabilities, costs, obligations and expenses, including attorneys' <br />fees, arising from or incurred by reason of any breach or default in the performance of <br />any obligation on LESSEE's part to be performed under the terms of this LEASE and <br />from and against all costs, attorneys' fees, expenses and liabilities incurred in or about <br />such claim or any action or proceeding brought thereon. <br />8.4 Concurrent Negligence: <br />Notwithstanding the provisions of Sections 8.1 or 8.2 above, in the event of the <br />concurrent negligence of the LESSEE and LESSEE's Associates on the one hand and <br />that of LESSOR and LESSOR's Associates on the other hand, which concurrent <br />negligence results in injury or damage to persons or property and relates to the use, <br />occupation, construction, alteration, repair, addition to, subtraction from, improvement <br />to or maintenance of the PREMISES, then: <br />LESSEE -'' _ 12 LESSOR72 <br />AA <br />
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