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AMENDED AND RESTATED LEASE <br /> THIS AMENDED AND RESTATED LEASE (the "Lease") is made as of <br /> the day of , 19921, by and between the City of <br /> Everett, a municipal corporation duly formed and existing under <br /> the laws of the State of Washington ("City") and SIERRA <br /> CONSTRUCTION CO. , INC. , a Washington corporation ("Lessor") . <br /> WITNESSETH: <br /> WHEREAS, City is the owner of certain unimproved real property <br /> located in the City of Everett and legally described in Exhibit A <br /> attached hereto and by this reference incorporated herein (the <br /> "Land") ; and <br /> WHEREAS, City is authorized by Chapter 35.42 RCW to lease real <br /> property on terms and conditions that require the lessee to con- <br /> struct thereon certain building(s) and following completion of <br /> construction to lease back the building(s) so constructed; and <br /> WHEREAS, City has heretofore advertised for bids for the <br /> construction of a fire station on the Land (the "Improvements") <br /> which Land will be ground leased to the Lessor; and <br /> WHEREAS, following completion of construction of the <br /> Improvements, Lessor shall lease the Land and the Improvements <br /> (collectively, the "Leased Premises") (as hcrcinaftcr dcfincd) to <br /> the City pursuant to Chapter 35.42 RCW and this Lease; and <br /> WHEREAS, the Everett City Council has, by Resolution No. 3466, <br /> adopted on May 1, 1991, declared the bid of Lessor to be the most <br /> advantageous to the City and authorized acceptance of the bid; and <br /> WHEREAS, on May 31, 1991 simultancously hcrcwith, City and <br /> Lessor havc executed a construction contract whereby Lessor agreed <br /> to will cause the construction of the Improvements on the Land in <br /> accordance with plans and specifications approved by City (the <br /> "Construction Contract") ; and <br /> WHEREAS, simultaneously with the execution of the Construction <br /> Contract, the Lessor and City - - - _ . - • - - - - executed <br /> a ground lease of the Land pursuant to a Ground Lease under of even <br /> date of May 31, 1991 herewith (the "Original Ground Lease") ; and <br /> WHEREAS, simultaneously with the execution of the Original <br /> Ground Lease, the City and Lessor signed a lease providing for the <br /> leasing of the Improvements and underlying Land by Lessor to City <br /> (the "Original Lease") ; and <br /> B-5 KR170 92/01/27 <br />