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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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commotions, fire or other casualty, and other causes beyond the reasonable control ofthe party obligated to perform, <br />except with respect to the obligations imposed with regard to Rent and other charges to be paid by Tenantpursuant to <br />this iease (collectively, the "Force Majeure"), notwithstanding anything to the contrary contained in this Lease, shall <br />excuse the performante ofsuch party for a period equal to any such prevention, delay or stoppage and, therefore, if <br />this Lease specifies a time period for performance of an obligation of either party, that time period shall be extended <br />by the period of any delay in such party's performance caused by a Force Majeure. <br />lg.g. Joint Obligation. If there be more than one Tenant the obligations hereunder imposed shall be joint <br />and several. <br />19.10. Marginal Headings. The marginal headings and article titles to the Sections and Subsections of this <br />Lease are not a part ofthis Lease and shall have no effect upon the construction or interpretation ofany part hereof. <br />19.11. Floor Area. Floor area shall be computed by measuring from the center of partitions that separate <br />Tenants to the outside surface of the permanent outer building walls. If space fronts on an enclosed mall, measurement <br />will be taken to the exterior surface ofthe store front wall and to the exterior surface ofcorridor walls' <br />lg.l2. Acceptance of Keys. The acceptance of keys to the Premises by the Landlord, its agents, employees, <br />contractors or any otheiperson on Landlord's behalf shall not be deemed or constitute a termination of this Lease unless <br />such termination is evidenced in writing signed by the Landlord. <br />19.13. Condition of Title. It is understood and agreed that this Lease is subject to all matters now or hereafter <br />ofrecord against the title to the Propefty. <br />lg.l4. Mandatory Programs. It is understood and agreed that from time to time the Landlord may institute <br />certain voluntary programs for the Property which the Landlord believes will be in the best interest of the Property and the <br />Tenants. Tenant agfees to promptly comply with and carry out its obligations under such programs as the same may exist <br />from time to time. <br />19.15. Third Party Contract. This Lease is entirely separate and distinct from and independent of any and <br />all agreements that Tenant may at any time enter into with any third party for the provision of services, which include, but <br />are iot limited to, telecommunications, office automation, repair, maintenance services, computer and photocopying <br />("Independent Services'). Tenant acknowledges that Landlord has no obligation of any type conceming the provision of <br />independent Services, and agrees that any cessation or intemrption oflndependent Services or any other act or neglect by <br />the tirird party providing the Independent Services shall not constitute a default or constructive eviction by Landlord. <br />19.15.1. Indemnity. Tenant agrees, excapt to the extent of the gross negligence of Landlord, its <br />partners, employees, agents and/or assigns, to waive as against, and hold harmless and defend Landlord, its parhers, <br />employees, agents and assigns from any claim Tenant may have arising in any way out of the provision (or lack thereof) <br />ofthe Independent Services which Tenant has contracted to receive from the third parties. <br />19.15.2. No Consequential Damages. In no event shall Landlord be liable to Tenant for incidental, <br />consequential, indirect or special damages (including lost profits) which may arise in any way out of a claim conceming <br />Independent Services. <br />19.16. Prior Agreements. THIS LEASE CONTAINS Tm ENTIRE AGREEMENT OF Tm PARTIES <br />HERETO AND ANY AND ALL ORAL AND WRITTEN AGREEMENTS, TINDERSTANDINGS, <br />REPRESENTATIONS, WARRANTIES, PROMISES AND STATEMENTS OF THE PARTIES HERETO AND THEIR <br />RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, AGENTS AND BROKERS WITH RESPECT TO TTIE <br />SUBJECT MATTER OF THIS LEASE AND AI{Y MATTER COVERED OR MENTIONED IN THIS LEASE SHALL <br />BEMERGED INTHIS LEASE ANDNO SUCHPRIORORAL ORWRITTENAGREEMENT, UNDERSTANDING, <br />REPRESENTATION, WARRANTY, PROMISE OR STATEMENT S}IALL BE EFFECTIVE ORBINDING FORANY <br />REASON OR PURPOSE UNLESS SPECIFICALLY SET FORTH IN THIS LEASE. NO PROVISION OF THIS LEASE <br />MAY BE AMENDED OR ADDED TO EXCEPT BY AN AGREEMENT IN WRITING SIGNED BY THE PARTIES <br />HERETO OR THEIR RESPECTryE SUCCESSORS IN INTEREST. THIS LEASE STIALL NOT BE EFFECTIVE OR <br />BINDING ON ANY PARTY UNTIL FULLY EXECUTED BY BOTH PARTIES MRETO. <br />Commercial Building Lease <br />PagelT of26
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