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Resolution 3399
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Resolution 3399
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6/2/2017 11:27:00 AM
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6/2/2017 11:26:29 AM
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Resolutions
Resolution Number
3399
Date
11/21/1990
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GROUND LEASE <br /> THIS GROUND LEASE (the "Ground Lease") is dated for refer- <br /> ence purposes only as of the tl _ day of pi_E1413E2_, , 1990, by <br /> and between the City of Everett, a municipal corporation duly <br /> formed and existing under the laws of the State of Washington <br /> ("City") and Lumpkin, Inc. , a Washington 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. 33t9 <br /> adopted Ndva1gEL /All" , 1990 declared the bid of Lessee to be <br /> the most advantageous to City; and <br /> WHEREAS, simultaneously herewith, City and Lessee have <br /> executed a construction contract whereby Lessee will cause the <br /> construction of the Improvements on the Leased Premises strictly <br /> in accordance with plans and specifications approved by City (the <br /> "Construction Contract") ; and <br /> WHEREAS, City and Lessee have simultaneously herewith <br /> executed a leaseback of the Improvements pursuant to a Lease <br /> Agreement of even date herewith (the "Lease") which Lease <br /> provides that in no event shall City as tenant thereunder be <br /> liable for all or any part of the cost of construction of the <br /> Improvements nor shall City as tenant thereunder be liable for <br /> payment of rent under the Lease unless and until the Improvements <br /> have been substantially completed, a temporary certificate of <br /> occupancy has been issued and the Improvements have been accepted <br /> by City as substantially complete and are available for use by <br /> the City; and <br /> WHEREAS, the City intends that the Leased Premises shall be <br /> used solely for purposes of construction of the Improvements, and <br />
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