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limited to the certain fire station constructed in accordance with <br /> the Construction Contract. <br /> "Land" means the real property described in Exhibit A hereto, <br /> exclusive of the Improvements. <br /> "Lease" means the this Lease by and between Lessor and City <br /> dated as of May 31, 1991, as amended and restated by this Amended <br /> and Restated Lease. <br /> "Lease Payments" means the aggregate of all payments due under <br /> Section 4 . 1 hereof, excluding Additional Rent payable under Section <br /> 4 . 2 hereof. <br /> "Leased Premises" means the Land parcel of real property and <br /> Improvements described in Exhibit A hereto together with the <br /> Improvements. <br /> "Lessor" means Sierra Construction Co. , Inc. , a Washington <br /> corporation, or its assignee hereunder. <br /> "Non-Capitalized Financing Costs" means those Financing Costs <br /> that the City, in its sole discretion, determines to pay as <br /> Additional Rent, when and as due to parties other than Lessor, <br /> including but not limited to fees of the Trustee. <br /> "Notice to Proceed" means the notice to proceed issued to <br /> Lessor by the City in accordance with the Construction Contract. <br /> "Payment Obligation Commencement Date" means the date from <br /> and after which the interest component of the Lease Payments shall <br /> begin to accrue. The Payment Obligation Commencement date shall <br /> be the earliest of (1) 120 days following the Substantial <br /> Completion Date, or (2) 60 days following the date on which all of <br /> the following have been accomplished: (i) Lessor has delivered to <br /> City an architect's certificate that the Improvements have been <br /> finally completed in strict compliance with the final plans and <br /> specifications of the Construction Contract; (ii) a final <br /> certificate of occupancy for the Improvements has been issued by <br /> the proper governmental agency; and (iii) the Improvements have <br /> been finally accepted by the City pursuant to the provisions of the <br /> Construction Contract. Such date shall be determined under the <br /> conditions of Article III hereof. <br /> "Request for Proposals" means the document entitled "Fire <br /> Station No. 2 for the City of Everett, 36th Street and Rucker <br /> Avenue, Everett, Washington", by Finley Architects issued in <br /> February, 1991, a copy of which is on file with the Clerk of the <br /> City. <br /> B-27 KR170 92/01/27 <br />