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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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defined in Ch. 39 . 53 RCW, maturing at such time or times and <br /> bearing interest to be earned thereon in amounts sufficient to pay <br /> or prepay all Lease Payments and Additional Rent due under this <br /> Lease in accordance with the terms of this Lease, are irrevocably <br /> set aside and pledged in a special account to effect such payment <br /> or prepayment, then no further payments need be made of any Lease <br /> Payments under this Lease and the Lessor shall not be entitled to <br /> any lien, benefit or security in the Leased Premises, except the <br /> right to receive the funds so set aside and pledged and Lessor <br /> Lc33cc shall have no further obligation to the City Lcssor <br /> hereunder, except under Article XI hereof. <br /> ARTICLE V: USE <br /> 5. 1 Use of Premises. From and after the Substantial <br /> Completion Date, City may use the Leased Premises for the <br /> occupancy, use, maintenance and operation of a fire station and <br /> all uses incidental thereto, including but not limited to, any <br /> other use permitted by law or by the certificate of occupancy <br /> issued for the Improvements. <br /> 5.2 Compliance with Laws. City shall comply with all <br /> municipal, county, state and federal laws, rules, regulations and <br /> ordinances applicable to the Leased Premises and the use or <br /> occupancy thereof. <br /> ARTICLE VI: TRIPLE NET LEASE <br /> 6. 1 Triple Net Lease. This Lease is a "triple net lease" <br /> and except as otherwise expressly provided in this Lease, City's <br /> obligations to make Lease Payments as provided in Section 4. 1 of <br /> this Lease, and to pay Additional Rent as provided in Section 4. 2 <br /> of this Lease, and to perform and observe all other covenants and <br /> agreements of the City contained herein shall be absolute and <br /> unconditional and the failure by the City to make such Lease <br /> Payments at the time and in the amounts set forth in Exhibit B-2 <br /> shall constitute an Event of Default under this Lease. All Lease <br /> Payments shall be made without notice or demand and without setoff <br /> (except as otherwise expressly provided in this Lease) , <br /> counterclaim, abatement, deduction or defense whatsoever. <br /> ' • Following final acceptance of the Improvements by the City, the <br /> City assumes the sole responsibility for the condition, use, <br /> operation, maintenance, repair and management of the Leased <br /> Premises, and City will, at its cost and expense, keep and maintain <br /> the Leased Premises in good repair and condition and in compliance <br /> with all applicable laws, rules, regulations, statutes, and <br /> ordinances, and will make all structural and nonstructural, and <br /> ordinary and extraordinary changes, repairs and replacements which <br /> may be required to be made upon or in connection with the <br /> Improvcmcnts to the Leased Premises in order to keep the same in <br /> B-12 KR170 92/01/27 <br />
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