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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
Metadata
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Template:
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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l,ess<lr:Airport Dircctor <br />Bowers Field <br />-j I l0 Airport Rd <br />Dllensburg WA 98926 <br />Lcsscc:l-inda and Mark Merrill <br />4221 Fairview Rd <br />Ellensburg, WA 98926 <br />509-968-3 I 32 <br />Either [.essor or Lessee may change its notice address by giving writtcn noticc (as provided <br />hcrcin) oI such changc to the other party. Any notice, demand, or written consent or <br />communication shall be deemed io have been given, and shall be effcctivc, upon <br />compliancc with this Section 13.7 and delivery to the notice address then in etTect fbr the <br />party to which the notice is directed; provided, however, that such delivery shall not be <br />defeated or delayed by any relusal to accept dclivery or an inability to eflbct delivery <br />because of an address change that was not propcrly communicated, <br />13.8 Force Majeure. No act or event, whethel tbreseen or unfbrcsecn, shall operate to <br />excuse Lessee from the prompt payment of rent or any other atnounts required to bc paid <br />under this Lcasc. If Lessor, or Lessee in connection with obligations other than payment <br />obligations, is de layed or hindered in any perfbnnance under this Lease by a fbrce majettre <br />event, such performance shall be excused to the extent so delaycd or hindered during the <br />time when such force majcure event is in effect, and such performance shall promptly occur <br />or resume thereafter at thc cxpense of the pafty so delayed or hindered. A "force majeure <br />event" is an act or event, whether foreseen or unforeseen, that prevents a pafty in wholc or <br />in part frorn performing as provided in this Lease, that is beyond the reasonable control of <br />and not the fault of such party, and that such party has been unable to avoid or ovcrcome <br />by exercising duc diligence, and may include, but is not lirnited to, acls of naturen war, <br />riots, pandemics. strikes, accidents, fire, and changes in law. <br />13.9 Rights and Remedies. Except as expressly set tbrth in this Lease, the rights and <br />remedies set forth in this l,ease are not intended to be exhaustive and the exercise by eithcr <br />party of any right or remedy does not preclude the exercise of any other rights or remedies <br />that may now or subsequently exist. <br />13.10 Attorneys Fees. lfeither party is required to bring or maintain any action (including <br />assefiion of any counterclaim or cross-claim, or claim in a proceedings in arbitratiott, <br />bankruptcy, receivership or any other proceeding institutcd by a party hereto or by others), <br />or otherwisc refers this Lease to an attorney for the enforcement of any olthe covenants, <br />terms or conditions of this Lease, the prevailing party in such action shall, in addition to <br />all other payments requirtd herein. receive t'rom the other, all the costs incurred by the <br />prevailing party including reasonable attorneys' fees and such costs and reasonable <br />attorncys' fees which the prcvailing pady incurred in, and in prcparation for, suoh action, <br />arbitration, trial, appeal, rcview and/or procccding in bankruptcy court. The provisions of <br />this Section I 3.10 shall survive any expiration or termination of this Lease, <br />Ltisstif -frt' <br />-t- <br />\A^(A <br />20
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