22-171 - Puget Sound Regional Fire Authority (PSRFA) - Lease Agreement: Fire Station 51

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In the event of such consent, each permitted transferee shall assume all obligations under this Lease. No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of RFA. The consolidation of the RFA with another entity or the formation of a regional fire authority in which the RFA is a participating jurisdiction shall not constitute an assignment under this Lease. The City's consent shall not be required for a sublease of the premises to another governmental entity providing services that directly support and benefit the operation of the regional RFA. 10. INSURANCE. 10.1. During the term of this Lease and any extension thereof, the City shall maintain an insurance policy on the Premises in the amount of the replacement cost, for damage from fire; earthquake; and other perils. Said insurance policy shall also insure the replacement value of the equipment owned by the City pursuant to this Lease. The proceeds on a claim against said insurance policy for damage shall be used to repair damage to the building so insured and to repair or replace any damaged personal property provided by the City. 10.2. The RFA shall be responsible for maintaining its own fire and hazard insurance on RFA -owned personal property and leasehold improvements placed within and on the Premises by the RFA. 10.3. The RFA shall procure and maintain for the duration of the Lease, insurance against claims for injuries to persons or damage to property which may arise from or in connection with this Lease by the RFA, its agents, representatives, employees or subcontractors. 11. DAMAGE OR DESTRUCTION. The Parties recognize that some or all use of the Property or Premises may be interfered with or prevented because of fire, earthquake, flood, storm, landslide, act of war, vandalism, theft or other extraordinary casualty ("Casualty"). 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 Fire Station 51 Lease Agreement Page 4 of 10