22-172 - Puget Sound Regional Fire Authority (PSRFA) - Lease Agreement: Fire Station 52

Browse Search

11.1. Material Damage. If the Premises are damaged or destroyed by fire or any Casualty which cannot, despite diligent, good faith efforts be repaired or restored within one hundred twenty (120) days following the date on which such damage occurs, then RFA may elect to terminate the Lease effective as of the date of such damage or destruction. Within thirty (30) days after the date of such damage, the parties shall determine how long the repair and restoration will take. After that determination has been made, RFA shall have a period of thirty (30) days to terminate the Lease by giving written notice to the City. 11.2. Repair after Damage. If the RFA does not give notice of the RFA's election to terminate as provided in subsection 11.1, then the City shall, subject to the provisions of this Section, immediately commence and diligently pursue the completion of the repair of such damage so that the Premises are restored to a condition of similar quality, character and utility for the RFA's purposes. Notwithstanding anything contained herein to the contrary, if the Premises are not repaired and restored within one hundred twenty (120) days from the date of the damage, the RFA may cancel the Lease at any time before the City completes the repairs and delivers the restored Premises to the RFA. If the RFA does not so terminate, the City shall continue to restore the Premises. The RFA shall have no claim against the City for any direct, incidental or consequential damages arising from the City's failure to commence or complete any repairs to the Premises. In no event shall the City be obligated to spend more money on the repair than is provided by insurance proceeds in subsection 11.1. 11.3. Uninsured Damage. If damage or destruction is caused by a peril not required to be insured against hereunder and for which insurance proceeds are not available, either the City or RFA may terminate this Lease by thirty (30) days written notice to the other of its election to do so, and the Lease shall be deemed to have terminated as of such date unless the other party agrees in writing to pay for such repairs or restoration. 12. DEFAULT AND REMEDIES. 12.1. Acts Constituting Default. The RFA shall be in default of this Lease on the occurrence of any of the following: (a) Failure to pay expenses when due; (b) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority; (c) Failure to comply with any other provision of this Lease; (d) Failure to cure a default pursuant to Section 12.2 below; (e) Proceedings are commenced by or against the RFA under any bankruptcy act or for the appointment of a trustee or receiver of RFAs' Premises; or (f) The RFA vacates or abandons the Premises. 12.2. Failure to Cure. A default shall become an event of default ("Event of Default") if the RFA fails to cure, or take positive steps to cure, the default within 30 days after the City provides the RFA with written notice of default, which specifies the nature of the default. 12.3. City's Remedies Upon Default. Upon an Event of Default, the City may terminate this Lease and remove the RFA by summary proceedings or otherwise. The City's Fire Station 52 Lease Agreement Page 5 of 10