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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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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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l3.l I Governing Law, Vcnue, and Waiver of .Iury Trial. This l.ease and thc rcspective <br />rights and obligations of the parties shall be governed by, intcrprcted, and enlbrced in <br />accordance with the laws of thc Statc of Washington. Venue for any action arising out of <br />or related to this Lease r:r actions contemplated hereby shall be laid in Kittitas County, <br />Washington, and each of tlrc parties hereby irrevocably conscnts to the jurisdiction of the <br />sarnc. LFiSSOR AND LESSEE DACH KNOWINCLY, VOLUNTARILY, ANt) <br />INT'F]N'I'IONALLY WAIVES I'IS RIGITf 'I'O T'RINL BY JTJRY IN ANY AC'I'ION, <br />PROCHEDING, OR COUNTERCI,AIM I]ROUGHI'BY EITHER OF TIIEM ACAINSl- <br />THE O1'IIER FOIT NLt, MAI"I'F]RS ARISlNC OU't'OF OR RELAT'ING 'I'O 'I'IIIS <br />LEASIT OR ANY USE, OCCUPANCY, OR OPFIRA'|IONS AT THE PREMfSF.S OR <br />THE AIRPORT. The provisions of this Section l3.ll shall survive any expilation or <br />tcrmination of this [.eass. <br />13.12 Amendments and Waivers. No amendrncnt to this l-ease shall be binding on <br />Lessor or Lcsscc unlcss reduced to writing and signed by both parties. No provision of this <br />Lease may be waived, except pursuant to a writing executed by thc party against whom the <br />waiver is sought to be enforced. <br />13.13 Scverability. If any provision of this [,ease is determincd 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 legalsubstance of the transactions that this t,ease contemplatos <br />are not affected in any manner materially adverse to any party. lf any provision of this <br />Lease is held invalid, illegal, or unenforceable. thc parties shall negotiate in good faith to <br />modiry this Lease to fulfill as closely as possible the original intents and purposes of this <br />l-easc. <br />l3.l4 Merger. This Lcase constitutes the final, complete, and exclusive Lease between <br />the partics on the matters contained in this Lease. All prior and contentporaneous <br />negotiations and Lcascs between the parties on the matters contained in this Lease are <br />expressly merged into and superseded by this l.ease. ln entering into this Lease, neither <br />party has relicd on any statement, representation, warrantyn nor Lease of the other party <br />except for thosc expressly contained in this Leasc. <br />13.15 Confidentiality. Lessee acknowledges that Lcssor is subject to legal requirements <br />regarding the public disclosure of records. Lessec shall comply with such laws in <br />connection with rnaking any request that Lcssor maintain a record confidentially, and if <br />l,essee complies with the sarne 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 docs not create any partnership, joint vcnture, <br />ernployment, or agency relationship betwecn the partiss. Nothing in this Lease shall confer <br />upon any other person or entity any right, benefit, or remedy ofany nature. <br />13.17 Further Assurances. Each party shall execute any document or take any action <br />that rnay be necessary or desirable to consummate and make effectivc a pcrformance that <br />is required under this [,ease, <br />LESSE <br />r,(A ,(A <br />2t Lrt$so oF\
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