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R2023-050
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2023
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04. April
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2023-04-04 10:00 AM - Commissioners' Agenda
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R2023-050
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Last modified
4/24/2026 11:01:52 AM
Creation date
4/24/2026 11:01:38 AM
Metadata
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Meeting
Date
4/4/2023
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 a Resolution Authorizing Lease Execution between Kittitas County and Pautzke Co. LLC
Order
7
Placement
Consent Agenda
Row ID
101486
Type
Resolution
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and certifing that this Lease as so modified is in full force and effect), and the date to which the rental and other charges <br />are paid in advance, ifany; and (b) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the <br />part of ttre Landlord or Tenant hereunder, or specifring such defaults if any are claimed; and (c) setting forth the Rent <br />bommence-"nt Date and expiration of the Lease Term hereof. The form of such certificate shall be as required from time <br />to time by any such mortgagor or beneficiary (the "Tenant Estoppel Certificate"). Any such Tenant Estoppel Certificate <br />may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Property of which the <br />Premises ue apart. Tenant shall be in default under this Lease ifTenant fails or refuses to execute, acknowledge and <br />deliver such Tenant Estcppel Certificate to Landlord within the time or in the manner set forth above, and Landlord need <br />not provide the written notice ofdefault required under Section 17. <br />13.3. Mortgagee Protection Clause. Tenant agrees to give any mortgagees and/or trust deed holders, by <br />registered mail, a copy of any notice of default served upon the Landlord, provided that prior to such notice Tenant has <br />bein notified in writing (by way of Notice of Assignment of Rents and Leases, or otherwise) of the addresses of such <br />mortgagees and/or trust deed holders. Tenant further agrees that if Landlord shall have failed to cure such default within <br />the time provided for in this Lease, then the mortgagees and/or trust deed holders have an additional thirty (30) days within <br />which to cure such default or if such default cannot be cured within that time, then such additional time as may be necessary <br />if within such thirty (30) days any mortgagee and/or trust deed holder has commenced and is diligently pursuing the <br />remedies necessary to cure such default (including but not limited to commen@ment of foreclosure proceedings if <br />necessary to effect such cure), in which event the Tenant shall not exercise its remedies under this Lease ifthe mortgagee <br />and/or trust deed holder is diligently pursuing its remedies. <br />14. ACCESSBYLANDLORD. <br />14.1. Right of Entry. Landlord or Landlord's employees, agents and/or contactors shall have the right to <br />enter the Premises, upon reasonable prior written notice and at any reasonable time to examine the same, and to show them <br />to prospective purchasers or, at any reasonable times during the 180-day period immediately preceding the Lease Term <br />expiration date, prospective Tenants of the Building, and to make such repairs, alterations, improvements or additions as <br />Landlord may deem necessary or desirable, provided. that Landlord shall undertake any such work in coordination with <br />Tenant in order to mitigate any potential adverse impact to Tenant's commercial activities caused by such work. Provided <br />further, that in the event of an emergency Landlord or Landlord's employees, agents and/or contractors shall have access <br />without notice to Landlord. If Tenant is not personally present to permit entry and an entry is necessary, Landlord or its <br />agents may, in case of emergency, forcibly enter the same, without rendering Landlord liable therefor. Nothing contained <br />herein shall be construed to impose upon Landlord any duty of repair of the Premises or Building of which the Premises <br />is a part except as otherwise specifically provided for herein. Landlord acknowledges that Tenant will be installing a <br />security system and that all access to the Premises should be made with due consideration of such system. <br />14.2. Excavation or Environmental Remediation. If an excavation or other environmental remediation or <br />testing is required on the area of the premises which comprises the parking lot on the north side of the building, Tenant <br />shall afford to the person causing or authorized to cause such excavation or remediation, license to enter upon the Premises <br />for the purpose of doing such work as Landlord shall dsem necessary, without any claim for damages or indemnification <br />against Landlord for diminution or abatement of rent. <br />15. QUIET ENJOYMENT. Landlord's Covenant. Tenant, upon fully complying with and promptly performing <br />all of the terms, covenants and conditions of this Lease on its partto be performed, and upon the prompt and timely payment <br />of all sums due hereunder, shall have and quietly enjoy the Premises for the Lease Term set forth herein. <br />16. AUTHORITY OF PARTIES. <br />16.1. Tenant. Tenant is a political subdivision of the State of Washinglon and each individual executing this <br />Lease on behalfofsaid political subdivision represents and warrants that he or she is duly authorized to execute and deliver <br />this Lease on behalfof said political subdivision, and further represents and warrants that this Lease is binding upon said <br />political subdivision in accordance with its terms. <br />16.2. Landlord. Landlord is a Washington State Corporation and each individual executing this Lease on <br />behalf of said Corporation represents and warrants that he or she is duly authorized to execute and deliver this Lease on <br />behalf of said Corporation, in accordance with the provisions of the Bylaws or such other goveming document of said <br />Commercial Building Lease <br />Page 12 of26
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