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AMENDED AND RESTATED GROUND LEASE <br /> THIS AMENDED AND RESTATED GROUND LEASE (the "Ground Lease") <br /> is dated for reference purposes only as of the day of <br /> , 1992-1, by and between the City of Everett, a <br /> municipal corporation duly formed and existing under the laws of <br /> the State of Washington ("City") and Sierra Construction Co. , <br /> Inc. , a Washington corporation ("Lessee") . <br /> WITNESSETH: <br /> WHEREAS, City is the owner of certain unimproved real <br /> property located in the City of Everett (the "Leased Premises" as <br /> hereinafter defined) ; and <br /> WHEREAS, the City is authorized by Chapter 35.42 RCW to <br /> lease real property on terms and conditions that require the <br /> lessee to construct thereon certain building(s) and following <br /> completion of construction to lease back the building(s) so <br /> constructed; and <br /> WHEREAS, City has heretofore advertised for bids for the <br /> construction of a fire station on the Leased Premises property <br /> (the "Improvements") which will be ground leased to the Lessee; <br /> and <br /> WHEREAS, following construction of the Improvements, <br /> Lessecor shall lease the Leased Premises -(as hereinafter defined) <br /> to the City pursuant to Chapter 35.42 RCW; and <br /> WHEREAS, the Everett City Council has, by Resolution No. <br /> 3466 adopted May 1, 1991 declared the bid of Lessee to be the <br /> most advantageous to City; and <br /> WHEREAS, on May 31, 1991 simultaneously herewith, City and <br /> Lessee have executed a construction contract whereby Lessee <br /> agreed to construct will cause the construction of the <br /> Improvements on the Leased Premises strictly in accordance with <br /> plans and specifications approved by City (the "Construction <br /> Contract") ; and <br /> WHEREAS, simultaneously with the execution of the <br /> Construction Contract, the City and Lessee executed a ground <br /> lease provided for the leasing the Leased Premises (the <br /> "Original Ground Lease") ; and <br /> WHEREAS, City and Leasee have simultaneously with execution <br /> of the original Ground Lease, the City and Lessee executed a <br /> leaseback of the Improvements pursuant to a 1Lease agreement of <br /> even date herewith (the "Original Lease") which Original Lease <br /> provides that in no event shall City as tenant thereunder be <br /> liable for all or any part of the cost of construction of the <br /> A-4 KR172 92/01/27 <br />