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Everett Public Facilities District 2/28/2002
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Everett Public Facilities District 2/28/2002
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Last modified
11/1/2024 1:23:57 PM
Creation date
11/1/2024 11:58:10 AM
Metadata
Fields
Template:
Contracts
Contractor's Name
Everett Public Facilities District
Approval Date
2/28/2002
Council Approval Date
2/13/2002
End Date
2/28/2027
Department
Legal
Department Project Manager
Mark Soine/Ned Johnston
Subject / Project Title
Ground Lease
Tracking Number
0004568
Total Compensation
$0.00
Contract Type
Agreement
Contract Subtype
Leases (not Real Property)
Retention Period
6 Years Then Destroy
Imported from EPIC
No
Document Relationships
Everett Public Facilities District 1/24/2007 Amendment 1
(Contract)
Path:
\Documents\City Clerk\Contracts\Agreement\Interlocal Agreements
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10.2.5 Lessor shall not be deemed to have terminated this Lease or Lessee's <br /> liability hereunder by any act of Lessor, including without limitation, any repossession, reentry <br /> or reletting, unless Lessor expressly notifies Lessee in writing that it elects to terminate this <br /> Lease; nor shall any legal action taken by Lessor against Lessee by and of itself terminate this <br /> Lease or Lessee's liability hereunder(regardless of any cause of action or prayers for relief <br /> therein contained) unless judgment is entered therein terminating this Lease. <br /> 10.2.6 Unless otherwise specifically provided herein, any sum payable to <br /> Lessor hereunder which is not paid when due shall bear interest at the Applicable Rate from the <br /> date the same becomes due until paid. <br /> Section 10.3 Events of Lessor Default. Each of the following shall be deemed an <br /> event of default by Lessor and a material breach of this Lease: <br /> 10.3.1 Failure by Lessor to pay or reimburse Lessee for any sums required to <br /> be paid or reimbursed by it under this Lease if such failure shall continue for a period of thirty <br /> (30) days after notice thereof has been delivered to Lessor; or <br /> 10.3.2 Failure by Lessor to perform or observe any term, covenant, condition, <br /> agreement of provision of this Lease. <br /> Section 10.4 Lessee Remedies for Lessor Default. If any event of default occurs <br /> under Section 10.3, Lessee may, at any time thereafter prior to the cure thereof and without <br /> waiving any other rights, do one or more of the following: <br /> 10.4.1 Proceed to cure such default on behalf of Lessor and any cost or <br /> expense so incurred by Lessee shall be, at Lessee's option, immediately repayable by Lessor to <br /> Lessee or may be offset against any Rent due hereunder to Lessor. <br /> 10.4.2 Unless otherwise specifically provided herein, any sum payable to <br /> Lessee hereunder which is not paid when due shall bear interest at the Applicable Rate from the <br /> date the same becomes due until paid. <br /> Section 10.5 Cumulative Remedies; No Waiver of Default. No remedy herein or <br /> otherwise conferred upon or reserved to either Lessor or Lessee shall be considered exclusive of <br /> any other remedy,but the same shall be cumulative and shall be in addition to every other <br /> remedy given hereunder or now or hereafter existing at law or in equity or by statute; and every <br /> power and remedy given by this Lease to either Lessor or Lessee may be exercised from time to <br /> time and as often as occasion may arise which may be deemed expedient by Lessor or Lessee, as <br /> the case may be. No delay or omission by Lessor or Lessee to exercise any right or power <br /> arising from any default under this Lease shall impair any such right or power. No waiver of any <br /> breach of any covenant or provision of this Lease shall be construed to be a waiver of any other <br /> or subsequent breach of the same or of any other covenant or provision. <br /> Section 10.6 Provision for Attorneys' Fees. If Lessee or Lessor defaults in the <br /> performance of or otherwise breaches any of the terms, covenants, conditions, agreements, or <br /> 21 <br /> GROUND LEASE COE--EPFD <br />
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