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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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13.11 (,overning Law, Venue, and Waiver of,lury Trial. This Lease and the respective <br />rights and obligations of the parties shall be governed by, interpreted, and enforced in <br />accordance with the laws of the State of Washington. Venue for any action arising out of <br />or related to this Lease or actions contemplated hereby shall be laid in Kittitas County, <br />Washington, and each of the parties hereby irrevocably consents to the jurisdiction of the <br />same. LESSOR AND LESSEE EACH KNOWINGLY, VOLUNTARILY, AND <br />INTFNTTONALLY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY ACTION, <br />PROCEEDING, OR COUNTERCLAIM BROUGHT BY EITHER OF TI IF,M AGAINST <br />THE OTHER FOR ALL. MATTERS ARISING OUT OF OR RELATING T'O TT HS <br />LEAST' OR ANY USE, OCCUPANCY, OR OPERATIONS AT THE PREMISES OR <br />THE AIRPORT. The provisions of this Section 13.11 shall survive any expiration or <br />termination of this lease. <br />13.12 Amendments and Waivers. No amendment to this Lease shall be binding on <br />Lessor or Lessee unless reduced to writing and signed by both parties. No provision of this <br />Lease may be waived, except pursuant to a writing executed by the party against whom the <br />waiver is sought to be enforced. <br />13.13 Severability. If any provision of this Lease is determined to be invalid, illegal, or <br />unenforceable, the remaining provisions of this Lease shall remain in full force and effect <br />if both the economic and legal substance of the transactions that this Lease contemplates <br />are not affected in any manner materially adverse to any party. If any provision of this <br />Lease is held invalid, illegal, or unenforceable, the parties shall negotiate in good faith to <br />modify this Lease to fulfill as closely as possible the original intents and purposes of this <br />Lease. <br />13.14 Merger. This Lease constitutes the final, complete, and exclusive Lease between <br />the parties on the matters contained in this Lease. All prior and contemporaneous <br />negotiations and Leases between the parties on the matters contained in this Lease are <br />expressly merged into and superseded by this Lease. In entering into this Lease, neither <br />party has relied on any statement, representation, warranty, nor Lease of the other party <br />except for those expressly contained in this Lease. <br />13.15 Confidentiality. Lessee acknowledges that Lessor is subject to legal requirements <br />regarding the public disclosure of records. Lessee shall comply with such laws in <br />connection with making any request that Lessor maintain a record confidentially, and if <br />Lessee complies with the same Lessee shall have the right to defend any such request for <br />confidentiality at Lessee's expense. <br />13.16 Relationship of Parties. This Lease does not create any partnership, joint venture, <br />employment, or agency 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 execute any document or take any action <br />that may be necessary or desirable to consummate and make effective a performance that <br />is required under this Lease. <br />LESSEF. "/ 21 LESSOR � <br />VAA <br />
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