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Resolution 3399
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Resolution 3399
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6/2/2017 11:27:00 AM
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Resolutions
Resolution Number
3399
Date
11/21/1990
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DRS462 <br /> ARTICLE XVI: OWNERSHIP OF IMPROVEMENTS <br /> All Improvements now or hereafter located on the Leased <br /> Premises are and shall be the property of Lessor during, and only <br /> during, the continuance of the term of this Lease and no longer. <br /> Except as is provided in Article XIX, at all times during the <br /> term of this Lease, the Improvements and the leasehold interest <br /> of Lessor under this Lease shall not be conveyed, transferred or <br /> assigned and at all such times the holder of the leasehold <br /> interest of Lessor under this Lease shall be the owner of the <br /> Improvements. Except as is provided in Article XIX, any <br /> attempted conveyance, transfer or assignment, whether voluntarily <br /> or by operation of law or otherwise, to any person, corporation <br /> or other entity shall be void and of no effect whatsoever. Upon <br /> any termination of this Lease, whether by reason of the normal <br /> expiration of the term hereof, or otherwise, all of Lessor's <br /> right, title and interest therein shall cease and terminate and <br /> title to the Improvements shall automatically vest in the City <br /> and the Improvements shall be surrendered by Lessor to the City. <br /> No further deed or other instrument shall be necessary to confirm <br /> the vesting in the City of title to the Improvements. However, <br /> upon any termination of this Lease, Lessor, upon request of the <br /> 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 has expired and that title <br /> to the Improvements has vested in the City, free and clear of all <br /> liens, encumbrances, exceptions or other defects except those <br /> 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 <br /> not be assigned by the City without the written consent of <br /> Lessor. However, in the event that the City does not require all <br /> or any portion of the Improvements for public purposes, it shall <br /> so notify Lessor. Lessor shall immediately upon receipt of such <br /> notice, use its best efforts to lease such excess space on such <br /> terms and conditions and to such tenants as are reasonably <br /> acceptable to the City and which shall not cause the interest <br /> component of the Lease Payments hereunder to become taxable <br /> income to Lessor or its assignees. Rent for such tenants shall <br /> not be less than the then prevailing rents for comparable space <br /> in the Everett metropolitan area. The City agrees not to <br /> unreasonably withhold its consent for such tenants; provided, <br /> however, no person other than the City or a municipal corporation <br /> B-15 <br />
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