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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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Work exceeds Lessee's Condemnation Proceeds, such excess shall be deemed prepaid Rent <br /> hereunder. <br /> Section 12.4 Temporary Taking. If the whole or any part of the Premises or of <br /> Lessee's interest in this Lease shall be taken in condemnation proceedings or by any right of <br /> eminent domain for a temporary use or occupancy, the Term shall not be reduced or affected in <br /> any way and Lessee shall continue to pay in full the Rent. Except only to the extent that Lessee <br /> is prevented from so doing pursuant to the terms of the order of the condemning authority, <br /> Lessee shall continue to perform and observe all of the other covenants, agreements, terms, and <br /> provisions of this Lease as though such taking had not occurred. In the event of any such taking <br /> as in this Section 12.4 referred to, Lessee shall be entitled to receive the entire amount of any <br /> award made for such taking whether such award is paid by way of damages, rent or otherwise, <br /> unless such period of temporary use or occupancy shall extend beyond the expiration date of the <br /> term of this Lease in which case such award,after payment to Lessor therefrom of the estimated <br /> cost of restoration of the Premises to the extent that any such award is intended to compensate <br /> for damage to the Premises, shall be apportioned by Lessor and Lessee as of such date of <br /> expiration in the same ratio that the part of the entire period for such compensation is made <br /> falling before the date of expiration and that part falling after, bear to such entire period. <br /> ARTICLE 13 <br /> WARRANTY OF PEACEFUL POSSESSION <br /> Lessor covenants and warrants that Lessee shall and may peaceably and quietly have, <br /> hold, occupy, use, and enjoy, and shall have the full, exclusive and unrestricted use and <br /> enjoyment of the Premises during the entire Lease Term, and may exercise all of its rights <br /> hereunder, subject only to the provisions of this Lease. Lessor agrees to warrant and defend <br /> Lessee's right to such occupancy, use, and enjoyment of the Premises against the claims of any <br /> and all persons whomsoever lawfully claiming by or through Lessor. Nothing in this Lease shall <br /> be construed to limit Lessor's right to expand and develop other properties owned or controlled <br /> by Lessor including those which are adjacent to the Premises; provided, however, that Lessor <br /> agrees to conduct any expansion or development of adjacent property so as not to unreasonably <br /> disrupt or interfere with Lessee's business or Lessee's use or enjoyment of the Premises, the <br /> Regional Center or any other improvements located thereon. Lessee shall not oppose any actions <br /> by Lessor to obtain reasonable and appropriate permits and approvals in connection with any <br /> such expansion or development by Lessor of its adjacent properties. <br /> ARTICLE 14 . <br /> NOTICE <br /> Any notice or reply(herein for convenience called"notice") in this instrument provided <br /> or permitted to be given, made or accepted by either party to any other party must be in writing <br /> and shall, unless otherwise in this instrument expressly provided, be given or be served by <br /> depositing the same in the United States mail, postage paid and registered or certified and <br /> addressed to the party to be notified, with return receipt requested, or by delivering the same in <br /> person to such party, or by delivering the same by facsimile transmission with prompt telephonic <br /> 24 <br /> GROUND LEASE COE--EPFD <br />
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