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or other instrument shall be necessary to confirm the vesting in <br /> the City of title to the Improvements. However, upon any <br /> termination or expiration of this Lease, Lessor, upon request of <br /> the City shall execute, acknowledge and deliver to the City a <br /> statutory warranty deed confirming that all of Lessor's right, <br /> title and interest in the Improvements and the Land has expired and <br /> that title to the Improvements has vested in the City, free and <br /> clear of all liens, encumbrances, exceptions or other defects <br /> except those approved by the City. <br /> ARTICLE XVII: ASSIGNMENT AND SUBLEASING <br /> 17 . 1 Assignment by the Lessor. The Lessor's right, title <br /> and interest in and obligations and duties under this Lease, <br /> including the right to receive and enforce payment of the Lease <br /> Payments to be made by the City under this Lease may be assigned <br /> and reassigned subject to prior written consent of the City. <br /> 17 . 2 Assignment and Leasing by the City. This Lease may not <br /> be assigned by the City without the written consent of Lessor. <br /> However, in the event that the City does not require all or any <br /> portion of the Improvements for public purposes, it shall so notify <br /> Lessor. Lessor shall immediately upon receipt of such notice, use <br /> its best efforts to lease such excess space on such terms and <br /> conditions and to such tenants as are reasonably acceptable to the <br /> City and which shall not cause the interest component of the Lease <br /> Payments hereunder to become taxable income to Lessor or its <br /> assignees. Rent for such tenants shall not be less than the then <br /> prevailing rents for comparable space in the Everett metropolitan <br /> area. The City agrees not to unreasonably withhold its consent for <br /> such tenants; provided, however, no person other than the City or <br /> a municipal corporation of the State of Washington shall lease the <br /> Improvements unless the City shall first obtain an opinion from <br /> nationally recognized bond counsel that the lease of the <br /> Improvements or portion thereof to the proposed tenant will not <br /> have an adverse effect on the tax-exempt status of the interest <br /> portion of Lease Payments. Notwithstanding anything in this Lease <br /> to the contrary, all rental income received by Lessor from such <br /> approved tenants shall be credited against Lease Payments otherwise <br /> payable by the City under this Lease. Upon payment in full of all <br /> Lease Payments to Lessor (whether by payments from City or credits <br /> of payments from tenants other than the City) , this Lease shall <br /> terminate. <br /> 17 . 3 Leases upon Default. If the City defaults under Section <br /> 18 . 1 hereof and Lessor re-enters the Leased Premises without <br /> terminating this Lease, then Lessor shall use its best efforts to <br /> sublease the Premises. Notwithstanding anything in this Lease to <br /> the contrary, all rental income received by Lessor from such <br /> approved tenants shall be credited against Lease Payments otherwise <br /> -17- D0T439 91/09/24 <br />