HomeMy WebLinkAbout4843RESOLUTION NO. 4 8 4 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A FIXED-BASED LEASE
AGREEMENT BETWEEN THE CITY OF AUBURN AND
AIRTECH INSTRUMENT CO., INC
WHEREAS, the City of Auburn owns and operates the Auburn Municipal Airport;
and
WHEREAS, Airtech Instrument Co. Inc., a Washington corporation, desires to
lease certain premises at the airport for the purpose of conducting a fixed-base
operation at a cost that is acceptable to the City
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and City Clerk are hereby authorized to execute a
Fixed-Base Lease Agreement between the City and Airtech Instrument Co. Inc. which
agreement shall be in substantial conformity with the agreement attached hereto as
Exhibit A and incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this 0' day of A.
t .
H 2012.
CITY
rLEWIS.,P TEMAYOR
Re solution No. 4843
July 18, 2012
Page 1 of 2
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Danielle E. Daskam, City Clerk
APPR ED A ORM:
Daniel B. Heid, it Attorney
Resolution No. 4843
July 18, 2012
Page 2 of 2
FIXED-BASED BUILDING LEASE AGREEMENT
THIS LEASE AGREEMENT (this "Lease") is entered into as of the Sa day of
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20 ,\_a:,_ by and between Landlord and Tenant, as described in the
following b lease information. Landlord and Tenant hereby agree as follows:
ARTICLE 1
BASIC LEASE INFORMATION.
In addition to the terms defined elsewhere in this Lease, the following terms shall have
the following meanings:
LANDLORD- City of Auburn, a municipal corporation
LANDLORD'S ADDRESS 25 West Main St.
Auburn, WA 98001
Attn: Airport Supervisor
TENANT Airtech Instrument Co., Inc.
TENANT ADDRESS: 2131 E St NE
Auburn, WA 98002
PREMISES: A single story masonry and frame building
TERM: Five (5) years beginning on the Commencement Date
and expiring on the Expiration Date.
COMMENCEMENT DATE. ck._ ,c 13 QL
EXPIRATION DATE,
MONTHLY RENT Tenant agrees to pay Monthly Rent for the Premises.
Rent shall be paid monthly at an initial rate of Seven
Hundred Fifty Dollars ($750.00) per month, plus
applicable Operating Costs as defined in Section 3.2.
ARTICLE 2
AGREEMENT, USE, MAINTENANCE AND REPAIR; AND TERM
2.1 Lease. Landlord hereby leases the Premises to Tenant, and Tenant hereby
leases the Premises from Landlord, according to the terms and conditions of this Lease.
Landlord will be deemed to have delivered possession of the Premises to Tenant on the
Commencement Date, and Tenant will be deemed to have accepted the Premises,
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based on its own inspection and not relying on any statement of the condition of the
Premises by Landlord or its agents, in its present "as-is" condition subject to all
applicable zoning, municipal, county and state laws, ordinances and regulations
governing and regulating the use of the Premises, and any covenants or restrictions of
record.
2.2 Use. Tenant shall use the Premises only for the purpose of conducting a fixed-
base operation and for no other purpose. The fixed-base operation may include any or
all of the following uses:
a. repair of Aircraft, Marine & Industrial Instruments
b. sale of aircraft parts and accessories (retail and/or wholesale);
c. sale of new and used radios and all other electronic equipment including
aircraft instruments;
d. sale of navigational and airmen's supplies and accessories;
e. loading and unloading of aircraft in any lawful business;
f. installation of vending equipment and/or coffee bar with the purpose of
serving Tenant's employees and customers;
The Tenant agrees to furnish these services on a fair, equal and not unjustly
discriminatory basis to all users thereof.
Tenant shall not allow the Premises to be used for any unlawful purposes or for
purposes that may result in a violation of any local, state or federal laws, statutes or
ordinances applicable to the Premises.
The Tenant agrees, at its sole cost and expense, to conform to, comply with and abide
by all lawful rules, codes, ordinances, requirements, orders, directions, laws, regulations
and standards of the United States, the State of Washington, and City of Auburn or
agency of any of said entities, including rules and regulations of Landlord, including
without limitation those relating to environmental matters, now in existence or hereafter
promulgated, applicable to the Tenant's use and operation of said Premises, including
the construction of any improvements thereon, and not to permit said Premises to be
used in violation of any of said rules, codes, laws or regulations. Tenant shall pay all
costs, expenses, liabilities, losses, damages, fines, penalties, claims, and demands,
including reasonable attorney's fees, that may in any manner arise out of or be imposed
because of the failure of Tenant to comply with the covenants of this section.
2.3. Use of Public Airport Facilities. Tenant is granted the nonexclusive use of all
public airport facilities including but not limited to taxiways, runways, aprons,
navigational aids and facilities relating thereto for the purposes of landings, takeoffs and
taxiing of Tenant and Tenant's aircraft. All such use shall be in accordance with the
laws of the United States of America, the State of Washington, and the rules and
regulations promulgated by their authority with reference to aviation and air navigation,
and in accordance with all reasonable and applicable rules, regulations and ordinances
of the Landlord now in force or hereafter prescribed or promulgated by ordinance or by
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law Landlord agrees during the term of this lease to operate and maintain the airport
and its public airport facilities as a public airport consistent with and pursuant to
sponsor's assurances give by Landlord to the United States Government under the
Federal Airport Act.
2.4 Maintenance and Repair The Tenant shall maintain the leased premises in
good repair and tenable condition, so that at the conclusion of the Lease, the premises
shall be in a condition as good or better than its condition at the commencement of the
Lease.
2.4.1 Exterior Repairs. Landlord shall keep the foundations, adjacent
sidewalks, exterior walls, roof and downspouts in good order and repair,
provided; however, that Landlord shall not be required to repair damage which
results from the act of negligence by the Tenant, his agents, servants, or
employees. If Landlord refuses or neglects to commence or complete repairs,
ether promptly or adequately, Tenant may, but shall not be required to,
commence or complete the repairs, and Landlord shall pay the costs thereof to
Tenant on demand.
2.4.2 Interior Repairs. The Tenant shall make internal repairs including (but not
limited to) repairs to interior walls, floors, wiring plumbing, heating, air-
conditioning equipment; provided, however, that Tenant shall not be required to
repair damage which results from acts of negligence by the Landlord, his agents,
servants or employees, or when such damage is caused by any peril included
within the Landlord's property insurance coverage. If Tenant refuses or neglects
to commence or complete repairs within thirty days of written notice by the
Landlord, Landlord may, but shall not be required to, commence or complete the
repairs, and Tenant shall pay the costs thereof to Landlord on demand.
The Tenant shall keep the interior of the premises in good repair, at his own
expense, subject to approval of Landlord, except as otherwise provided in this
paragraph. Tenant may make interior alterations and additions at its own cost,
subject to approval of the Landlord. The Tenant shall replace all windows glass
and plate glass with the glass of same or similar quality whenever said glass is
broken or destroyed;
2.5 Term
2.5.1 Commencement. The Term will commence on the Commencement Date
and will expire on the Expiration Date.
2.5.2. Option to Renew. If this lease shall be in force and effect on the date of
expiration of the original term, and the Tenant on that date shall have fully
complied with the terms and conditions of this lease, Tenant may, at its
discretion, renew this Lease for one five-year term. After the second five-year
term, Tenant and Landlord may elect to renew for three (3) additional five-year
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terms. To exercise any renewal option, the Tenant shall give the Landlord at
least one hundred eighty (180) day's advance notice in writing. Landlord will
notify Tenant not later than one hundred twenty (120) days before the end of the
lease period whether it intends to renew the Lease. Unless otherwise negotiated
by the parties, all other terms of the Lease shall remain in effect.
ARTICLE 3
RENT
3.1 Monthly Rent.
a. Tenant shall pay the Monthly Rent to Landlord as rent for the Premises. Monthly
Rent will be paid in advance, to Landlord at Landlord's address or to such other person
or place as Landlord designates to Tenant in writing, on or before the first day of each
calendar month of the Term, without written notice or demand. If the Term commences
on a day other than the first day of a calendar month or ends on a day other than the
last day of a calendar month, then Monthly Rent will be appropriately prorated. The
Rental Amount shall be adjusted annually, effective January 1st of each year during the
term of this Lease, in accordance with the previous annual CPI-W for the Seattle-
Tacoma-Bremerton area, measured from August to August. Rent shall not be
decreased if the CPI-W is negative from any previous year Rent shall not increase
more than 3% per year beginning January 2014 and will continue during either the first
5-year lease term or, if renewed, the first five-year renewal term.
b. Tenant Improvement Credit. In consideration for the Tenant constructing certain
leasehold improvements, which improvements shall become part of the Premises
owned by the Landlord after their completion, Landlord agrees to give Tenant a Tenant
Improvement Credit of$650 per month for the first four (4) month of the lease.
3.2 Ooeratina Costs. Tenant acknowledges and agrees that costs and expenses
shall include, but are not limited to: Leasehold Excise Taxes at 12.84% of the Monthly
Rent (if Leasehold Excise Tax is required by state statute); and any costs and expenses
incurred by Landlord in each month in connection with the upkeep, operation,
maintenance, repair, and management of the Premises.
Commencing on the Lease Commencement Date, Tenant shall pay any and all
Impositions allocable to the Premises. The term "Impositions" shall mean all real estate
taxes (to the extent any portion of the Premises and any improvements thereon are
subject to real estate taxes), water, sanitary sewer and storm water charges, charges
for public utilities, local improvement or general or special benefit district assessments,
license and permit fees or other charges which shall or may during the Term be
assessed, levied, charged, confirmed or imposed by any public authority upon or accrue
or become due or payable out of or on account of or become a lien on the Premises or
any part thereof, including without limitation all real property taxes allocable to the
Improvements, or for the use or occupancy of the Premises, and any tax on receipt of
rents.
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The term "Impositions" shall expressly include statutory leasehold excise tax imposed
by Chapter 82.29A RCW on the taxable rent payable by Tenant hereunder, but shall
exclude any income tax, estate, succession, or inheritance taxes. Either Tenant or
Landlord may contest the validity or amount (including the assessed valuation upon the
Premises and any exemptions applicable to any portion thereof) of any Imposition for
which either is responsible in whole or in part, and which such party in good faith
believes is excessive, improper or invalid. In such event, the payment thereof may be
deferred during the pendency of such contest, if diligently prosecuted, but in no event
shall Tenant allow a lien for any unpaid taxes which it is contesting to attach to the
Premises. Each party agrees to join at the other's request in any such contest to the
extent such joinder is prerequisite to such prosecution under statute, regulation or
administrative practice. In connection with a judicial or administrative challenge to any
assessment, Tenant may take advantage of any stay in collection available under
statute, regulation, or court or administrative order or rules. Nothing herein contained,
however, shall be so construed as to allow such items to remain unpaid for such length
of time as shall permit the Premises, or any part thereof, to be sold by any
governmental, city or municipal authority for the nonpayment of the same. Within ten (I
0) days after the amount of such contested item is finally determined to be due, the
party liable for such Imposition shall pay the amounts so determined, together with the
penalties, interest and expenses associated with such contest.
3.3 Utilities. Tenant agrees to contract with airport management and pay for all basic
utilities (water, sewer and garbage), which shall be used in or charged against the
Premises, at a rate of fifty dollars per month ($50.00) and to hold the Landlord harmless
from such charges. Landlord shall cooperate, at no charge to Landlord, in the granting
of easements and rights-of-way in, through, above, and/or under property owned and
controlled by Landlord at the Airport and reasonably necessary for the provision of
utilities to the Premises, provided that if any utility lines, including but not limited to
storm water lines, need to be relocated, the responsibility to relocate them shall be
bome solely by the Tenant.
It is the intent of Tenant and Landlord that the rent due hereunder shall be absolutely
net to Landlord and that Tenant shall pay all costs expenses regarding the Premises
whether specifically mentioned herein or not.
ARTICLE 4
INSURANCE AND INDEMNITY
41 Tenant's Insurance. At all times during the Term, Tenant will carry and maintain,
at Tenant's expense, the following insurance in the amounts specified below or such
other amounts as Landlord may from time to time reasonably request, with insurance
companies and on forms satisfactory to Landlord to the extent allowed by applicable
law*
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Commercial General Liability insurance including Airport Liability and Automobile
coverage including all owned and non-owned vehicles or aircrafts, with a combined
single limit, each occurrence limit of not less than $1,000,000.00. All such insurance
will be equivalent to coverage offered by a Commercial General Liability form including,
without limitation, personal injury, death of persons or damage to property occurring in,
on, or about the Premises, and contractual liability coverage for the performance by
Tenant of the indemnity agreements set forth in Section 4.3 of this Lease;
Insurance covering all of Tenant's machinery, equipment, and any other personal
property owned by Tenant and located on or about the Premises and any leasehold
improvements to the Premises, in an amount not less than the full replacement cost.
Property forms will provide coverage on a broad form basis insuring against "all risks of
direct physical loss."
Worker's compensation insurance insuring against and satisfying Tenant's obligations
and liabilities under the worker's compensation laws of the State where the Premises is
located, including employer's liability insurance in the limits required by the laws of the
State where the Premises is located;
Any additional insurance reasonably requested by Landlord to cover any unusual risks
created by the nature of Tenant's use of the Premises.
4.2 Forms of-the Policies. Certificates of insurance, together with copies of
Additional Insured endorsements, when applicable, listing Landlord and any others
specified by Landlord as additional insureds, will be delivered to Landlord prior to
Tenants occupancy of the Premises and from time to time at least 10 days' prior to the
expiration of the term of each such policy All Commercial General Liability or
comparable policies maintained by Tenant will name Landlord and such other persons
or entities as Landlord specifies from time to time as additional insureds entitling them
to recover under such policies for any loss sustained by them, their agents and
employees. AI such policies maintained by Tenant will provide that they may not be
terminated nor may coverage be reduced except after 30 days' prior written notice to
Landlord. A(F Commercial General Liability and property policies maintained by Tenant
will be written as primary policies, not contributing with and not supplemental to the
coverage that Landlord may carry
4.3 Tenant's Indemnification. Tenant will neither hold nor attempt to hold Landlord,
its employees or agents liable for, and Tenant will indemnify and hold harmless
Landlord, its employees and agents from and against, any and all demands, claims,
causes of action, fines, penalties, damages (including consequential damages),
liabilities, judgments, and expenses (including, without limitation, reasonable attorneys'
fees) which arise out of or relate to: (1) the use or occupancy or manner of use or
occupancy of the Premises by Tenant or any person claiming under Tenant; (2) any
activity, work, or thing done or permitted by Tenant in or about the Premises; (3) any
breach by Tenant or its employees, agents, contractors or invitees of this Lease; and (4)
any injury, loss or damage to the person, property or business of Tenant, its employees,
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agents, or contractors or any invitees entering upon the Premises under the express or
implied invitation of Tenant. If any action or proceeding is brought against Landlord or
its employees or agents by reason of any such claim for which Tenant has in
Landlord, Tenant, upon written notice from Landlord, will defend the same at Tenant's
expense with counsel reasonably satisfactory to Landlord.
4.4 Waiver and-Release. Tenant, as a material part of the consideration to Landlord
for this Lease, by this Section waives and releases all claims against Landlord, its
employees and agents with respect to all matters for which Landlord has disclaimed
liability pursuant to the provisions of this Lease.
45 Waiver of Subrogation. Tenant and Landlord hereby release and discharge each
other from all claims, losses and liabilities arising from or caused by any hazard covered
by property insurance on or in connection with the Premises or said building. This
release shall apply only to the extent that such claim, loss or liability is covered by
insurance.
ARTICLE 5.
GENERAL
5.1 Events of Default. The occurrence of any one or more of the following events
shall constitute an "Event of Default" under this Lease: (i) the Premises is left vacant or
are abandoned, (ii) any part of the Monthly Rent is not paid when due, or (iii) any
nonperformance, breach or default under any other provision of this Lease.
5.2 Landlord's Remedies. If any Event of Default occurs, then Landlord shall have
the right, at its election:
5.2.1 To terminate this Lease, in which case Tenant's right to possession of the
Premises will cease and this Lease will be terminated as if the expiration of the
term fixed in such notice were the end of the Term.
5.2.2. To cure any Event of Default and to charge Tenant for the cost of effecting
such cure, including without limitation reasonable attorneys' fees and Default
Interest provided that Landlord will have no obligation to cure any such Event of
Default of Tenant.
5.3 Rights and Remedies. Each right and remedy provided for in this Lease is
cumulative and is in addition to every other right or remedy provided for in this Lease or
at law or in equity If a dispute arises under the terms of this Lease or if any payment
required by this Lease is not paid when due and the matter is turned over to an
attorney, the prevailing party in the dispute will be entitled to receive its reasonable
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attorneys' fees in addition to the other damages and costs recoverable under this
Lease.
5.4 Quiet Eniovment. So long as Tenant performs all covenants and obligations
contained in this Lease, Landlord warrants quiet enjoyment of the Premises by Tenant;
provided that Landlord, its agents or representatives may enter upon and inspect the
Premises at reasonable times upon reasonable notice. Landlord's failure to comply with
this Section shall not give Tenant any right to terminate this Lease, to abate or reduce
the Monthly Rent, Parking Expenses or additional rent or fail to perform any of Tenant's
obligations hereunder
5.5 Liens. Tenant will keep the Premises free and clear of all mechanics' liens and
other liens on account of work done for Tenant or persons claiming under Tenant.
5.6 Environmental.Matters.
5.6.1 Tenant's Obligations. Tenant will not cause or permit the storage,
treatment or disposal of any Hazardous Materials in, on, or about the Premises
by Tenant, its agents, employees or contractors. Tenant will not permit the
Premises to be used or operated in a manner that may cause the Premises or
any part of the Premises to be contaminated by any Hazardous Materials in
violation of any Environmental Laws. Tenant will not use or permit the Premises
to be used for maintenance of its vehicles.
Tenant will be solely responsible for and will defend, indemnify, and hold
Landlord, its agents and employees harmless from and against all direct claims,
costs, and liabilities, including attorneys' fees and costs, arising out of or in
connection with Tenant's breach of its obligations in this Section.
Tenant will be solely responsible for and will defend, indemnify and hold
Landlord, its agents, and employees harmless from and against any and all direct
claims, costs, and liabilities, including attorneys' fees and costs, arising out of or
in connection with Tenant's introduction of Hazardous Materials to the Premises.
Tenant's obligations under this Section shall survive the expiration or other
termination of this Lease.
5.6.2 Hazardous Materials. "Hazardous Materials" means asbestos, petroleum
products, explosives, radioactive materials, hazardous waste, hazardous
substances, or hazardous materials including, without limitation, substances
defined as "hazardous substances" in the Comprehensive Environmental
Response Compensation Liability Act of 1980, as amended, 42 U S. C. Sec.
9601-9657 ("CERCLA"); the Hazardous Material Transportation Act of 1975, 49
U.S.C. Sec. 1801-1812; the Resource Conservation Recovery Acts of 1976, 42
U.S.C. Sec. 6901-6987, the Occupational Safety And health Act of 1970, 29
U.S.C. Sec. 6901-6987; the Occupational Safety And Health Act of 1970, 29
U S C. 651 et seq., or any other federal, state or local statute, law, ordinance,
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code, rule, regulation, order or decree regulating, relating to, or imposing liability
or standards of conduct concerning hazardous materials, wastes or substances
now or at any time hereinafter in effect (collectively, "Environmental Laws").
5.7 Termination. At the expiration or other termination of this Lease, Tenant will
promptly quit and surrender the Premises to Landlord in good order and repair, ordinary
wear and tear excepted. All effects, additions and improvements on the Premises after
the end of the Term shall be deemed conclusively to have been abandoned and may be
appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without
notice to Tenant or any other person and without obligation to account for them.
5.8 Assignment and Subletting. Tenant shall not assign or sublet the Premises
without the written approval of Landlord, which approval is at the sole discretion of the
Landlord. If Landlord consents to a proposed assignment or sublease, then Landlord
may require Tenant to pay to Landlord a sum equal to 50% of any rent and other
consideration, profit or gain realized by Tenant from such sublease or assignment, in
excess of the rent allocable to the transferred space then being paid by Tenant to
Landlord pursuant to the Lease (after deducting the costs of Tenant, if any, in effecting
the assignment or sublease, including reasonable alteration costs, commissions and
legal fees).
5.9 Subsequent Landlord. In the event of any sale or lease of Landlord's interest in
the Premises, the Landlord shall be relieved of all covenants and obligations hereunder,
and this Lease shall be deemed terminated on notice to Tenant of such sale of lease.
5.10 Notices. Notices and other communications required under this Lease shall be in
writing and shall be deemed given upon personal delivery; or three (3) business days
after deposit in the United States mail, first class, postage prepaid, certified, return
receipt requested, or one (1) business day after timely delivery to an overnight courier,
to the addresses as set forth in Section 1 1 Either party may by similar notice change
the address to which future notices or other communications shall be sent.
5.11 Time is of the Essence. Time is of the essence for each and every provision of
this Lease.
5.12 No Waiver The waiver by either Landlord or Tenant of any agreement,
condition, or provision contained in this Lease will not be deemed to be a waiver of any
subsequent breach of the same or any other agreement, condition, or provision
contained in this Lease.
5.13 Jury. Waiver If any action, proceeding, claim or counterclaim is brought by
landlord or tenant against the other or their successors or assigns with respect to any
matter whatsoever arising out of or in connection with this lease, the use and occupancy
of the building, the relationship between landlord and tenant, any claim for injury or
damage, or any emergency or statutory remedy, landlord and tenant each hereby
knowingly and voluntarily waives trial by jury If landlord commences any summary
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proceeding for nonpayment of rent, tenant will not interpose (and waives the right to
interpose) any counterclaim in any such proceeding.
5.14 Brokers. Landlord and Tenant respectively represent and warrant to each other
that neither of them has consulted or negotiated with any broker or finder with regard to
the Premises and will defend, indemnify and hold the other party harmless from any
claims or damages, including reasonable attorneys' fees, arising from any breach of this
provision.
5.15 Authority Each of the parties executing this Lease on behalf of the Tenant or the
Landlord represents to the other party that such party is authorized to do so by requisite
action of the party to this Lease.
5.16 Entry by Landlord. Landlord, its agents, employees, and contractors may enter
the Premises at any reasonable hour
5.17 Governing Law This Lease will be governed by and construed pursuant to the
laws of the State of Washington, and the ordinances and regulations of the City
5.18 Entire Agreement: Amendment. This Lease contains the entire agreement
between Landlord and Tenant. No amendment, alteration, modification of, or addition to
the Lease will be valid or binding unless expressed in writing and signed by Landlord
and Tenant.
5.19 Late Rent. Any installment of Monthly Rent, Parking Expenses or additional rent
not paid (within five (5) days) of) on its due date shall bear a late charge of 5% of the
delinquent installment, to compensate Landlord for its administrative expenses relating
to such delinquency Further, any Monthly Rent or additional rent not paid when due
will accrue interest at the default rate of the Prime Rate plus 5% per annum, but in no
event in an amount in excess of the maximum rate allowed by applicable law ("Default
Interest") from the date on which it was due until the date on which it is paid in full with
accrued interest.
The term "Prime Rate" shall mean the rate of interest from time to time as published in
the Wall Street Journal under the table, "Money Rates," or any successor to it, as the
prime rate. If the Wall Street Journal or any successor to it ceases to publish the prime
rate, the Prime Rate will be a comparable interest rate designated by Landlord to
replace the Prime Rate.
5.20 Landlord Fees. If Tenant requests that Landlord take any action or give any
consent required or permitted under this Lease or execute an instrument or document of
estoppel, subordination, non-disturbance or the like, Tenant will reimburse Landlord for
their fees, costs and expenses incurred in reviewing, negotiating, preparing, processing,
executing and delivering the proposed action, consent, instrument or document,
including, without limitation, reasonable attorneys' fees (including Landlord's in-house
counsel fees and costs, at market-rate) and engineers' fees (including Landlord's in-
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house engineers' fees and costs, at market-rate), on or before ten (10) days after
Landlord's delivery to Tenant of a statement of such fees, costs and expenses. Tenant
will be obligated to make such reimbursement without regard to whether Landlord
consents to any such proposed action or executes any such proposed instrument or
document.
5.21 Security Fence. The Landlord agrees that it shall move, at its sole expense, the
existing security fence to a new location as shown on Exhibit A to this Lease. The fence
shall be moved not later than September 15, 2012.
EXECUTED as of the day and year first above written.
LANDLORD- TENANT
City of a mu oration
J i
By. B . C JJJ`"
Its: /1,4/,g/ ... _ Its: S/
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Schedule A-1
Remove and relocate approximately forty-five (45) linear feet of six (6) foot high
galvanized chain link fencing with three (3) strands barbed wire. Relocate one (1) each
five (5) foot gate and one (1) each twenty (20) foot double gate and supply new posts.
Furnish and install approximately thirty (30) linear feet of six (6) foot high galvanized
chain link fencing with three (3) strands barbed wire.
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