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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 /> October, 1991, 1990, 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 Lumpkin, Inc. , a Washington <br /> 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") ; <br /> 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 property (the <br /> "Improvements") which will be ground leased to the Lessee; and <br /> WHEREAS, following construction of the Improvements, Lessor <br /> shall lease the Leased Premises (as hereinafter defined) to the <br /> City pursuant to Chapter 35.42 RCW; and <br /> WHEREAS, the Everett City Council has, by Resolution No. <br /> 3399 adopted November 21, 1990 declared the bid of Lessee to be <br /> the most advantageous to City for construction of the <br /> Improvements; and <br /> WHEREAS, simultaneously herewith, City and Lessee have <br /> executed a construction contract whereby Lessee agreed to <br /> construct will cause the construction of the Improvements on the <br /> Leased Premises strictly in accordance with plans and <br /> specifications approved by City (the "Construction Contract") ; <br /> and <br /> WHEREAS, simultaneously with the execution of the <br /> Construction Contract, the City and Lessor executed a ground <br /> lease providing for the leasing of certain real property to the <br /> Lessor on which the Improvements would be constructed (the <br /> "Original Ground Lease") ; and <br /> WHEREAS, City and Lc33cc have simultaneously with execution <br /> of the Contract herewith City and Lessee also executed a <br /> leaseback of the Improvements pursuant to a Lease Agreement e€ <br />