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Ordinance 1858-92
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Ordinance 1858-92
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Ordinances
Ordinance Number
1858-92
Date
2/12/1992
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is not remedied within ten (10) days (or such other period of time <br /> as may be provided for by the Construction Contract) , then in <br /> addition to any other remedy granted hereunder and under the <br /> Construction Contract, City may terminate this Lease but only if <br /> such termination occurs on or before the Substantial Completion <br /> Date. <br /> 2 .3 Bonding and Liens. Lessor shall furnish a surety or <br /> completion bond for the performance of the construction of the <br /> Improvements in an amount equal to the greater of full contract <br /> price or the full cost of such construction, and City shall be <br /> named as an obligee on such bond; Lessor shall pay and discharge <br /> any and all mechanics' , materialmen's or other liens against the <br /> Leased Premises claimed in respect to labor, services, materials, <br /> supplies or equipment furnished or alleged to have been furnished <br /> to or upon the request of Lessor. Notice is hereby given that City <br /> shall not be liable for any work performed or to be performed on <br /> the Leased Premises or thc Improvcmcnts thcrcon, for Lessor, or for <br /> any materials furnished or to be furnished to the Leased Premises <br /> or thc Improvcmcnts thcrcon for Lessor or any subtenant, and that <br /> no mechanic's or other lien for such work or materials shall attach <br /> to the leasehold interest of City. City shall have the right to <br /> enter upon the Leased Premises at any time for the purpose of <br /> posting such notice throughout the same and/or thc Improvcmcnts, <br /> and such notice shall also be included in any Memorandum of Lease <br /> recorded. <br /> 2 .4 Disclaimer. Notwithstanding any other provision of this <br /> Lease to the contrary, City is under no obligation to construct or <br /> supervise construction of the Improvements. It is understood and <br /> agreed that City's rights to accept the Improvements under this <br /> Lease are for the sole purpose of protecting its interest as <br /> tenant. City's approval of any plans and specifications, <br /> construction agreements, or service contracts for the Improvements <br /> shall not be construed by City as a guaranty of sufficiency of the <br /> work. City's right of inspection as provided in this Lease shall <br /> not constitute any representation or warranty, express or implied, <br /> or any obligation of City to insure that work or materials are in <br /> compliance with the plans and specifications or any building <br /> requirements imposed by a governmental agency. Per RCW 35.42 . 070, <br /> no part of the cost of construction of the Improvements shall <br /> become an obligation of the City. City is not responsible to the <br /> subcontractors under the Construction Contract or any other third <br /> parties for any purpose whatsoever. Lessor agrees to assign to <br /> City all rights under warranties, guaranties, and/or bonds relating <br /> to the repair, maintenance and/or condition of the Improvements to <br /> be built on the Land LcTa3cd Prcmi3ca, and Lessor agrees to <br /> cooperate with City in order to obtain for City the benefit of any <br /> such warranties and/or bonds. <br /> B-8 KR170 92/01/27 <br />
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