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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 /> ARTICLE I: LEASED PREMISES <br /> As of the date first set forth above, this Ground Lease <br /> supersedes in its entirety the Original Ground Lease executed by <br /> and between the City and Lessee dated as of May 31, 1991. <br /> City hereby leases to Lessee, and Lessee hereby hires from <br /> City, certain unimproved real property, located in the City of <br /> Everett, Snohomish County, Washington with a street address of <br /> 36th Street and Rucker Avenue, Everett, Washington, and legally <br /> described in Exhibit A attached hereto and by this reference <br /> incorporated (the "Leased Premises") , subject to all easements, <br /> reservations, encumbrances and restrictions of record. <br /> ARTICLE II: TERM <br /> 2 .1 Term. This Ground Lease shall be for a term commencing <br /> on the dated date of the Original this—Ground Lease (the <br /> "Commencement Date") and terminating on the date of termination <br /> or expiration of the Amended and Restated Lease by and between <br /> the City and Lessee of even date herewith (hereinafter, the <br /> "Lease") dated , unless otherwise renewed, <br /> extended, or terminated in accordance with the terms and <br /> provisions hereof. <br /> 2 .2 Possession. The City shall notify Lessee in writing of <br /> the earliest date that Lessee may begin to occupy the Leased <br /> Premises (the "Date of Possession") . It is anticipated that the <br /> Date—oressessiort—shall occur on the date of execution of this <br /> Ground Lease. In event that the Date of Possession is delayed <br /> so <br /> extent permitted by law, any rights to and claims for damages <br /> occasioned by such delay. <br /> ARTICLE III: RENT <br /> Upon execution hereof the Original Ground Lease, Lessee has <br /> paid to City the sum of One Hundred Dollars ($100) , which <br /> represents the fixed rent payable over the term of this Ground <br /> Lease. <br /> A-6 KR172 92/01/27 <br />