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P - Fully Executed
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04. April
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2026-04-07 10:00 AM - Commissioners' Agenda
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P - Fully Executed
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Last modified
4/9/2026 2:42:37 PM
Creation date
4/9/2026 2:42:17 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
Fully Executed Version
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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along with those that are applicablc to a tcnancy at suFferanceo and reasonable rcnt lor thc <br />Prcmiscs shall be deemed to be the highest ratc then charged al the Airport for ground rent <br />plus rent fbr the hnprovemcnts at its thcn fair market value based on [,essor's survey of <br />rent lor sirnilarly situated facilities al the Airport and al olher sirnilat totiaty airports in <br />the Westcrn United Statcs, which l.essor shall dcterrninc in its reasonablc discrction. <br />13. Ceneral Provisions. <br />l3.l No Exclusivc Rights, Nothing in this l,ease shall bc construed to grant to l,esscc <br />any exclusivc right or privilege for the conduct of any activity on the Airport, except to <br />lease the Premises for l.essee's exclusivc use as provided herein. <br />13.2 Leasc Preserves Authority's Compliance. This l.ease shall be interpreted to <br />prcserve Lessor's rights and powers to cornply with Lessor's F'ederal and other <br />governmental obligations. <br />13.3 Subordination to Authority's Government Commitments. This Lease is <br />subordinate to the provisions of any Lease between Lessor and the United Statcs or other <br />governmenlal authority (regardless of when made) that affects the Airporl, including, but <br />not limited to, leases governing the expenditure of Federal funds for Airport improvetnents. <br />ln the event that the F'ederal Aviation Administration or other governmental authority <br />requires any modification to this Lease as a condition of Lessor cntcring any lease or <br />participating in any program applicable to the Airport, including, but nol limited to, those <br />providing hrnding, Lessee agreesto consent to any such modification. If a governmental <br />authority determines that any act or omission of Lessee or l,essce's Associates has caused <br />or will cause Lessorto be noncompliant with any of Lcssor's government commitmcnts, <br />including, but not lirnited to, any assurances or covenants required of Lessor or obligations <br />imposed by law, Lessee shall immediately takc all actions that may be necessary to <br />prcserve Lessor's compliance with the same. Lessor shall have the right to terminate this <br />Lease and reenter and repossess any porlion of the Premises if the tJ.S. Departrnent of <br />Transportation or other governmental authority having jurisdiction expressly requires any <br />such action, subject to any revicw that may bc aflbdcd to l.essee by such authority. <br />I-essee's remedy shall be against the U,S. Depaftment of Transportation or othcr <br />governmentalauthority having jurisdiction that required such action in the same means as <br />an event of condemnation as provided above in section I 1.2. <br />13.6 Subordination to Financing and Matters of Record. This [.ease is subordinate to <br />the provisions of any leases or indentures entered by Lessor (regardless of when cntcred) <br />in connection with any dcbt financing applicable to the Airport and is subordinate to any <br />matter of record aflecting the real property ofthe Airport. <br />13.7 Notices. Any notice, demand, written consent, or other communication required to <br />be in writing under this Lease shall be given in writing by personal delivcry, cxpress mail <br />(postage prepaid), nationally recognized ovcrnight courier with all fces prepaid (such as <br />Federal Express or UPS), or certified mail (return receipt requested and postage prepaid) <br />when atJdressed to the respcctive parties as fbllows: <br />LEssEE fi* <br />ll,A dA <br />t9
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