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Ordinance 1818-91
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Ordinance 1818-91
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Ordinances
Ordinance Number
1818-91
Date
10/2/1991
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18. 2 Lessee Obligation to Execute Lease. Simultaneously <br /> herewith Lessee has executed a lease, as amended and restated of <br /> the Leased Premises (including the Improvements) to City in <br /> substantially the form of Exhibit B attached hereto and by this <br /> reference incorporated herein (the "Lease") . <br /> 18 . 3 Lessee Obligation to Execute Assignment. Lessee <br /> hereby agrees that following substantial immcdiately upon <br /> completion of the Improvements and their acceptance by the City <br /> Lessee shall promptly upon City's request_te execute an <br /> assignment in substantially the form of Exhibit C hereto, in <br /> consideration for payment to Lessee of the Acquisition Price as <br /> defined in the Lease (subject to deduction of retained percentage <br /> per state law and amounts necessary to cover costs of any punch <br /> list items not completed) , for the purpose of assigning all <br /> right, title and interest of Lessee under this Ground Lease and <br /> the Lease and all of Lessee's right, title and interest in the <br /> Improvements to Security Pacific Bank Washington, N.A. in trust <br /> for the benefit of an underwriter to be then determined, for the <br /> purpose of accomplishing the take-out financing of the <br /> Improvements. <br /> 18.4 Obligations Not Severable. The obligations of Lessee <br /> under this Article XVIII are integral to this Ground Lease and <br /> may not be severed herefrom without invalidating the entire <br /> Ground Lease. The City shall have the right, in addition and <br /> without prejudice to any other rights hereunder, to demand and <br /> have specific performance of Lessor's obligation to assign all <br /> its right title and interest in the Ground Lease, Lease and <br /> Improvements. <br /> ARTICLE XIX: MISCELLANEOUS <br /> 19 . 1 Notices. Any notices required in accordance with any <br /> of the provisions herein shall be sent by registered or certified <br /> mail addressed to City or Lessee, respectively as follows: <br /> City: City of Everett <br /> 3002 Wetmore <br /> Everett, Washington 98201 <br /> Attention: City Attorney <br /> Lessee: Lumpkin, Inc. <br /> 1627 Eastlake Ave. East <br /> Seattle, WA 98102 <br /> Attention: President <br /> or at such other place as City or Lessee may in writing direct. <br /> All notices shall be deemed effective upon receipt, refusal of <br /> delivery of attempted delivery. In the event that Lessee's <br /> interests hereunder are assigned in trust to a trustee, then <br /> -13- D0T440 91/09/24 <br />
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