2003/11/19 Council Agenda Packet

4 • 16. ACCESS REPAIRS. No compensation shall be made to or claimed by the Lessee from the Lessor by reasons of inconvenience, annoyance or damage of any kind whatsoever arising from the making of repairs to or maintenance or alteration of the building or appurtenances of the Premises covered hereby. Lessor reserves the right to make repairs, alterations, connections or extensions when and where the same may be deemed by the Lessor to be necessary. However, any repairs, maintenance or alteration of the building or appurtenances shall not render the building unusable for the purposes of this Lease because of any action arising from the making of the repairs, maintenance or alteration to the building or appurtenances. Nothing herein contained shall be construed as an agreement on the part of the Lessor to make any repair or alteration whatsoever. Lessee agrees to pay for all repairs, alterations, connections or extensions becoming necessary, in the reasonable opinion of Lessor, due to negligence of Lessee. its agents, employees, or representatives. 17. SIGNS. Lessee shall have the right to place identifying signage on and about the Premises with consent of Lessor, subject to compliance with all applicable laws including zoning and subject to any present and future agreements between the Lessor and the EPFD and any other legal rights of the EPFD, subject to compliance with all applicable laws. This consent shall not be unreasonably withheld for a sign on the entrance door to the specific space leased hereunder subject to any present and future agreements between the Lessor and the EPFD and any other legal rights of the EPFD. Approval of any exterior common area signage shall be in the sole and complete discretion of the Lessor subject to any present and future agreements between the Lessor and the EPFD and any other legal rights of the EPFD. 18. PARKING. Lessor shall make available to Lessee a total of five (5) parking spaces • in the Lessor's parking lot located directly across from the Everett Events Center on the south side of Wall Street in the 2000 block of Wall. Lessee shall pay a monthly rent for each parking space in the amount of Fifty Dollars ($50) per month. The monthly parking rent shall be in addition to the Premises rent provided for in this Lease. Provided the monthly parking rent provided for herein shall be subject to the same escalation provision provided for rent in Section 4 of this Lease. 19. INSOLVENCY. In the event that the Lessee shall make an assignment for the benefit of creditors, or shall be adjudicated a bankrupt, or if a receiver is appointed for the Lessee or if the property of the Lessee upon the Premises shall be seized by any enforcement officer by reason of an attachment, execution or other process. Lessor shall have the option to terminate this lease. 20. DEFAULT - TERMINATION. If Lessee fails to observe or perform any term or condition of this Lease, the Lessor may elect to deliver written notice to the Lessee as specified in section 12 above. After failure to cure a monetary default within ten (10) days after receiving notice or a non-monetary default within thirty (30) days after receiving notice, the Lessee shall be deemed to be in default. In the event of default and upon thirty (30) days written notice of termination to the Lessee in default, the Lessor may terminate this lease. In the event of default by Lessee, Lessor will also have the right to accelerate rent owing for the remainder of the term, less the reasonable rental value of the Premises. or sublease the Premises and hold Lessee responsible for any shortfall in rent. 21. NO WAIVER OF COVENANTS. No waiver of any default hereunder shall be . implied from any omission by either party to take any action on account of such default if such default persists or is repeated and no express waiver shall affect any default other than the default 23 6