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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
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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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service ofnotice or resort to legal process and wittrout being deemed guilty oftrespass, or any liability oflandlord for any <br />loss or damage which may be occasioned thereby. If Landlord, without terminating this Lease, either (1) elects to re-enter <br />the PremiseJand attempt to relet, or (2) takes possession of the Premises pursuant to legal proceedings, or (3) takes <br />possession of the Premises pursuant to any notice provided by law, then Landlord may, from time to time, make such <br />alterations and repairs as may be necessary in order to relet the Premises or any part thereof for such term or terms (which <br />may be for a term extendingbeyond the term of this Lease) and at such rent and other terms as Landlord in its reasonable <br />disiretion deems advisable. Upon such reletting, all rents received by Landlord from such reletting shall be applied, firsg <br />to the payment of any indebtedness of Tenant (other than any Rents due hereunder) to Landlord; second, to the payment <br />ofany costs and expenses ofobtaining possession and any such reletting, including expense ofalterations and repairs, <br />brokerage fees and utto-.y" fees; third, to the payment of any Rents due and unpaid hereunder. If such rents and any <br />other amowrts received from such reletting during any month be less than that to be paid during that month by Tenant' <br />Tenant shall immediately pay such deficiency to Landlord. No such re-entry or taking possession of the Premises by <br />Landlord shall be constued as an election by Landlord to terminate this Lease unless a notice of such intention is given to <br />Tenant. Notwithstanding any such reletting without termination, Landlord may at any time ttrereafter elect to terminate <br />this Lease for such previous breach. Should Landlord at any time terminate this Lease for any breach, in addition to any <br />other remedies it may have, Landlord may recover Aom Tenant all damages it may incur by reason of such breach, <br />including the cost of recovering the Premises, reimbursement of any brokerage fees incurred by Landlord in connection <br />with Tenant's Lease and all Rent (accrued or to accrue during the term of the Lease) which, at Landlord's election, shall <br />be accelerated and be due in full on demand. <br />17.2.4. Other Remedies. Pursue any other remedy now or hereafter available to Landlord under the <br />laws or judicial decisions of the State in which the Premises are located, including but not limitsd to the right to assess <br />against ienant an amount equal to the attorneys' fees incurred by Landlord in collecting any Rent or other payment due <br />hireunder, which amount shall be due in full within ten (10) days of Tenant's receipt of the assessment by Landlord. <br />17.3. Remedies Cumulative-Waiver. It is understood and agreed that the Landlord's remedies hereunder <br />are cumulative and ttre Landlord's exercise ofany right or remedy due to a default or breach by Tenant shall not be deemed <br />a waiver of, or to alter, affect or prejudice any right or remedy which Landlord may have under this Lease or by law or in <br />equity. Neither the acceptance of Rent nor any other acts or omission of Landlord at any time or times after the happening <br />of any event authorizing the cancellation or forfeiture of this Lease, shall operate as a waiver of any past or future violation, <br />breach or failure to keep or perform any covenant, agreement, term or condition hereofor to deprive Landlord ofits right <br />to cancel or terminate this Lease, upon the written notice provided for herein, at any time that cause for cancellation or <br />termination may exis! or be construed so as at any time to stop Landlord from promptly exercising any other option, right <br />or remedy that it may have under any term or provision of this Lease, at law or in equity. <br />1i.4. Acceptance of Payment. It is specifically understood and agreed that the Landlord's acceptance of any <br />sum, whether as Rent, adjustments or otherwise, which is less than the amount claimed as due by the Landlord, shall not <br />act as, or be deemed to beo a waiver of such claimed amount or a compromise or accord and satisfaction of the amount <br />claimed as due by Landlord. <br />17.5. Waiver of Rights of Redemption. Tenant hereby expressly waives any and all rights of redemption <br />granted by or under any present or future laws in the event ofTenant being evicted or dispossessed for any cause, or in the <br />event of iandlord obtaining possession of the Premises, by reason of the violation by Tenant of any of the covenants or <br />conditions of this Lease, or otherwise. <br />17.6. Default by Landlord. The Landlord shall be in default under this Lease if Landlord fails to perform <br />obligations required oflandlord after not less than thirty (30) days' prior written notice by Tenant to Landlord and to the <br />holdir of any mortgage or deed of trust covering the Premises and/or Properly whose name and address shall have <br />theretofore blen furnished to Tenant in writing in accordance with Section 19.6 below. Said notice shall speciff wherein <br />Landlord has failed to perform such obligation; provided, however, ttrat ifthe nature ofLandlord's obligation is such that <br />more than thirly (30) days ar required for performance then Landlord shall not be in default if Landlord commenc€s <br />performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. Tenant further <br />agrees not to invoke any ofits remedies under this Lease until any such mortgagees and/or deed oftrust holders have been <br />provided an opportunityto cure as set forth in Section 13.3. <br />Commercial Building Lease <br />Page 14 of26
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