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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 Amended and <br /> Restated Ground Lease (hereinafter, the "Ground Lease") <br /> supersedes in its entirety the original Ground Lease executed by <br /> and between the City and the Lessee dated as of December 12, <br /> 1990. <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 /> 5920 Glenwood Avenue, Everett, WA 98203 , and legally described <br /> in Exhibit A attached hereto and by this reference incorporated <br /> (the "Leased Premises") , subject to all easements, reservations, <br /> 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 this the Original Lease Ground Lcaoc <br /> (December 12, 1990, hereinafter the "Commencement Date") and <br /> terminating on the date of termination or expiration of the <br /> Amended and Restated Original Lease by and between the City and <br /> Lessee of even date herewith (hereinafter, the "Lease") , dated <br /> , unless otherwise renewed, extended, or terminated <br /> in accordance with the terms and 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 of Possession shall occur on the date of execution the <br /> Amended and Restated Original of this Ground Lease. In event <br /> that the Date of Possession is delayed beyond December 15, 1990, <br /> Lessee hereby waives, to the fullest extent permitted by law, any <br /> rights to and claims for damages occasioned by such delay. <br /> ARTICLE III: RENT <br /> Upon execution of the Original Ground Lease, hereof, Lessee <br /> ha3 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 /> -3- D0T440 91/09/24 <br />