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1121 SE EVERETT MALL WAY EVERETT POLICE DEPT SOUTH PRECINCT 2023-02-06
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1121 SE EVERETT MALL WAY EVERETT POLICE DEPT SOUTH PRECINCT 2023-02-06
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2/6/2023 11:59:21 AM
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2/6/2023 11:58:28 AM
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Address Document
Street Name
SE EVERETT MALL WAY
Street Number
1121
Tenant Name
EVERETT POLICE DEPT SOUTH PRECINCT
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A. Duties. At the end of the term of this Lease or any extension or hold-over thereof or <br /> other termination of this Lease, Lessee shall peaceably deliver up to Lessor possession of the <br /> Premises in the same condition as received, except for ordinary wear and tear. Upon Lessor's <br /> request, Lessee, at Lessee's expense, shall remove the Communication Facilities. Such removal <br /> shall be done in a workmanlike and careful manner and without interference or damage to any other <br /> equipment, structures or operations on the Premises or on Lessor's property. If, however, Lessee <br /> requests permission not to remove all or a portion of the improvements, and Lessor consents to <br /> such non-removal, title to the affected improvements shall thereupon transfer to the Lessor and the <br /> same shall be the sole and entire property of Lessor, and Lessee shall be relieved of its duty to <br /> otherwise remove the same. <br /> B. Costs and Expenses. All costs and expenses for removal of the Communication <br /> Facilities and restoration of the Premises shall be borne by the Lessee, and Lessee shall hold Lessor <br /> harmless from any portion thereof. <br /> 20. Holding-Over: If Lessee holds over after the expiration of the term of this Lease or any <br /> extension thereof,Lessee shall become a tenant from month-to-month upon the terms of this Lease, <br /> as applicable. Acceptance by Lessor of rent after such expiration or early termination shall not <br /> result in a renewal of this Lease nor affect Lessor's right of re-entry or any rights of Lessor herein or <br /> as otherwise provided by law or equity. If Lessee fails to surrender the Premises upon the <br /> expiration of this Lease despite demand to do so by Lessor, Lessee shall pay two (2) times the rent <br /> herein, but in no event shall it be less than two (2) times the City's then current market rate, <br /> specified (prorated on a monthly basis), interest, attorney's fees and costs and shall indemnify and <br /> hold Lessor harmless from all loss or liability including, but not limited to, any claim made by any <br /> succeeding Lessee founded on or resulting from such failure to surrender. <br /> 21. Agents,Successors and Assigns: All of the agreements, conditions and provisions of this <br /> Lease shall inure to the benefit of and be binding upon the heirs, executors, administrators, <br /> successors, agents and assigns of Lessor and Lessee. <br /> 22. No Presumption Against Drafter: Lessor and Lessee understand, agree and acknowledge <br /> that this Lease has been freely negotiated by both parties and that, in the event of any controversy, <br /> dispute or contest over the meaning, interpretation, validity or enforceability of this Lease or any of <br /> its terms or conditions, there shall be no inference, presumption or conclusion drawn whatsoever <br /> against either party by virtue of that party having drafted this Lease or any portion thereof. <br /> 23. Non-waiver: The failure of either the Lessor or Lessee to insist upon strict performance of <br /> any of the terms of this Lease shall not be construed as a waiver thereof. Waiver of a particular <br /> breach or default shall not be deemed to be a waiver of any subsequent breach or default. <br /> 24. Cumulative Remedies: No provision of this Lease shall preclude Lessor from pursuing <br /> any other remedies,in law or equity,for Lessee's failure to perform its obligations. <br /> 25. Survivability: The provisions of Sections 11 (Indemnity and Hold Harmless) and 13 <br /> (Hazardous Materials and Environmental Compliance) of these General Terms and Conditions <br /> 22 of '�`�. <br />
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