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"Improvements" means all Improvements on the Leased Premises <br /> owned and constructed thereon by Lessor Scllcr pursuant to the <br /> Construction Contracts Ground Lease and Lease, including but not <br /> 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 December 12 , 1990, as amended and restated by this <br /> Amended and Restated Ground 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 Lea3cd Prcmiscs described in <br /> Exhibit A hereto, together with the Improvements. <br /> "Lessor" means Lumpkin, Inc. , a Washington corporation, or <br /> 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 which <br /> is 120 days following the Substantial Completion Date or such <br /> earlier date as the City may determine, from and after which the <br /> interest component of the Lease Payments shall begin to accrue. <br /> Such date shall be determined under the conditions of Article III <br /> hereof. <br /> "Request for Proposals" means the document entitled <br /> "Specifications, City of Everett Fire Station #4 , MP Job No. <br /> 90023 . 00, " by Mithun Partners dated August 22 , 1990, a copy of <br /> which is on file with the Clerk of the City. <br /> "Substantial Completion Date" means the date which is the <br /> first date by which all the following have occurred: <br /> (1) acceptance by the City of the Improvements as substantially <br /> complete; (2) issuance of a temporary certificate of occupancy for <br /> the Improvements from the appropriate governmental authority; and <br /> (3) availability of the Improvements to the City. <br /> -23- D0T439 91/09/24 <br />