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DRS462 <br /> "Additional Improvements" means any improvements or <br /> alterations to the Improvements that the City elects to make in <br /> accordance with Article VII hereof. <br /> "Additional Rent" means those amounts payable by the City to <br /> parties other than Lessor pursuant to Section 4 . 2 hereof <br /> including but not limited to taxes and utilities and Non- <br /> Capitalized Financing Costs. <br /> "Base Bid Contract Amount" means the Base Bid Contract <br /> Amount as set forth in the Construction Contract of $1, 291, 500. <br /> "Capitalized Financing Costs" means those Financing Costs <br /> that the City, in its sole discretion, determines to finance by <br /> adding such amounts to the principal component of Lease Payments <br /> to be made hereunder. Such determination must be made following <br /> acceptance of the Improvements, and prior to bidding the take-out <br /> financing. <br /> "Certificate of Occupancy" means the final unconditional <br /> certificate issued by the City to Lessor certifying that the <br /> Improvements may be occupied. <br /> "City" means the City of Everett, a municipal corporation of <br /> the state of Washington. <br /> "City Council" means the City Council as the same may be <br /> constituted from time to time. <br /> "Code" means the federal Internal Revenue Code of 1986, as <br /> amended, together with applicable regulations thereunder. <br /> "Construction Contract" means that certain construction <br /> contract and related documentation dated as of <br /> executed by and between the City and Lumpkin, Inc. , and all <br /> amendments thereto, including without limitation that amendment <br /> by and between the City and Lumpkin, Inc. , entitled "Amendment <br /> No. 1 to Agreement for City of Everett Fire Station No 4" dated <br /> as of 1990. <br /> "Financing Costs" means any and all costs incurred or owed <br /> by the City in consideration for and relating to the take-out <br /> financing of the Improvements contemplated by Article XIX hereof, <br /> including but not limited to legal fees, financial advisor fees, <br /> printing fees, trustee fees, and other costs that the City is <br /> obligated to pay in connection therewith. The City, in its sole <br /> discretion shall determine which of the Financing Costs shall be <br /> treated as Capitalized Financing Costs and which shall be paid as <br /> Non-Capitalized Financing Costs. <br /> B-20 <br />