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Agreement, and pursuant to Resolution No. of the City <br /> Council, an underwriter has been selected to accomplish such <br /> takeout financing; and <br /> WHEREAS, the City and Lessor have determined that it is <br /> necessary and in their respective best interests to make certain <br /> changes to the Original Lease in order to accomplish such takeout <br /> financing; and <br /> WHEREAS, this Amendment to Lease sets forth the amendments <br /> to the Original Lease necessary to accomplish said takeout <br /> financing; and <br /> WHEREAS, the City is authorized to enter into this Amendment <br /> to Lease by Ordinance No . of the City passed on June 16, <br /> 1993, and Resolution No. of the City adopted on June 30, <br /> 1993; <br /> NOW, THEREFORE, pursuant to law and for and in consideration <br /> of the mutual promises, covenants and conditions hereinafter <br /> contained, the parties hereto agree as follows : <br /> Section 1 . Removing Certain Covenants, Conditions and <br /> Restrictions from the Lease. <br /> A. Article I of the Original Lease is hereby amended <br /> as follows (deletions are stricken) : <br /> ARTICLE I : LEASED PREMISES <br /> Subject to the terms and conditions contained in <br /> this Lease, Lessor leases to City, and City hereby <br /> leases from Lessor, the Leased Premises . <br /> Effective as of the Substantial Completion Date, <br /> Lessor shall grant immediate possession and use of <br /> the Leased Premises to City (in accordance with <br /> RCW 84 . 36. 010) . The Leased Premises arc subject <br /> to curtain covenants, conditions and restrictions <br /> ("CCRs") , dated , 1991, recorded <br /> 1991 under Snohomish County <br /> Recording # <br /> B. Section 6. 3 of the Original Lease is hereby <br /> amended as follows (deletions are stricken) : <br /> 6. 3 Tax and Utility Charges . City shall pay as <br /> Additional Rent all charges for utility, communication <br /> and other services rendered to or used on or about the <br /> Leased Premises assessed and payable from and after the <br /> -2- D0T046.DOC 93/06/15 <br />