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. . REAL ESTATE LEASE AGREEMENT, between Bennett Lumber Products, Inc. (herein referred to as "LESSOR") and City of Moscow, Idaho (herein referred to as "LESSEE"); WITNESSETH: LESSOR leases and rents to LESSEE, and LESSEE leases and rents from LESSOR, the real property described as follows: A parcel of real property sufficient to fulfill the purposes of this lease, the center point of which has the following GPS coordinates: N 46 degrees 48 minutes 41.4 seconds, W 116 degrees 55 minutes 02.8 seconds, all of which is located within the following described real property: SE 1/4 NE 1/4 of Section 14 Township 40N Range 5W of the Boise Meridian, Latah County. All of the foregoing real estate is situated in the County of Latah, State ofldaho. The te1m of this lease is for a period commencing on October 1, 2011 and terminating on September 30, 2016, under the following terms and conditions: 1. 1. RENT. LESSEE agrees to pay LESSOR rent for the premises in annual installments of Nine Hundred Dollars ($900.00) per year, payable on or before October 1 of each year. LESSEE also agrees to pay a pro rata share (as determined by LESSOR) of any utility services to said property within thirty (30) days of receipt of billing for said services from LESSOR, which bill shall be provided not later than September 1 of each year. LESSEE agrees to pay LESSOR Five Hundred Dollars ($500) for the use of the back-up generator. The $500 is payable when the first rent is due and covers the term of the Lease. All payments shall be made payable to Bennett Lumber Products, Inc. 2. USE OF THE PROPERTY. This lease is for the non-exclusive purpose of maintaining and operating a radio transmitter-receiving station on said premises. Said station consists of equipment owned by LESSEE to be placed on a tower owned and maintained by LESSOR, equipment owned and maintained by LESSEE placed in a building owned and maintained by LESSOR, and necessary electrical connections provided by LESSOR. LESSEE's equipment is detailed in the attached Exhibit A. Said lease includes the right of LESSEE, and any agent of LESSEE, to access the premises at any time for the purposes of installing and maintaining the radio transmitter-receiver. Access to the premises for the purposes of installing, maintaining, or repairing said equipment shall be limited to those persons approved by both LESSEE and LESSOR as detailed in the attached Exhibit B, provided, however, that in the event of an emergency when immediate repair is necessary, as detennined by LESSEE, and LESSEE is unable to effect repairs using a person listed on Exhibit B, LESSEE may hire any reputable, licensed company or individual to effect immediate repairs. Access to the premises by the LESSEE for the purposes of inspection, where no installation, repair, or maintenance is taking place, shall not be limited and any agent of LESSEE may access the premises. Exhibit A may be REAL ESTATE LEASE - Page 1 of 6 ---PAGE BREAK--- amended at any time by the LESSEE, provided that the LESSEE does not increase the number of radio transmitters/receivers, and Exhibit B may be amended at any time upon approval by both patties. 3. PROPERTY OF LESSEE. Each party agrees to provide property insurance on its property. The Lessee is responsible for reporting and paying the property taxes on their own personal property (equipment). The county contact is the Latah County Assessor. 4. COMPLIANCE WITH REGULATIONS. LESSEE shall at all times ensure that its activities and facilities on the premises comply with any applicable laws or other regulations. 5. MAINTENANCE, ALTERATIONS, IMPROVEMENTS AND ENTRY BY LESSORS. No alteration, additions or improvements will be made to the premises, nor any sign placed upon the leased premises by LESSEE without first obtaining the written consent of LESSOR. LESSOR shall, at its own expense, maintain the tower, the building, and necessary electrical connections. LESSEE shall maintain at its own expense equipment owned by LESSEE and shall be responsible for any damages that may be caused to LESSOR's equipment by improper connection or installation of LESSEE's equipment. 6. FIRE OR OTHER LOSS. If the aforesaid building, tower, or electrical connections shall be damaged by fire, the elements, or other causes, LESSOR will cause the same to be repaired and restored unless the damages are caused by the acts or negligence of LESSEE or its employees, in which case LESSEE shall restore and repair the premises. If the building or tower is so damaged as to be unfit for use, or is destroyed to the extent of fifty percent (50%) or more of its value, LESSOR may, at its option, terminate this lease rather than restore the premises. 7. TIME OF ESSENCE AND DEFAULT. Time is of the essence of this agreement. If LESSEE defaults in any of the terms of this agreement for a period of ten (1 0) days after written notice of default has been sent by LESSOR then LESSOR, at its option and in addition to all other legal and equitable remedies, may declare this lease forfeited and tem1inated and re enter and repossess the leased premises. Upon such forfeiture and termination, all rights of LESSEE under this agreement shall immediately terminate. 8. RENEWALS. Upon expiration of this lease, LESSEE shall have the right to renew it for additional periods of not more than five years by giving written notice of renewal at least sixty (60) days before expiration of this lease or any renewal thereof. All renewals of this lease shall be under terms and conditions as agreed to by the parties. 9. TERMINATION. Either pruty may terminate this lease on September 30 of each year by providing written notice to the other party of its intent to terminate the lease by no later than July 1 of the year in which the party intends to terminate the lease. In the event notice of intent to terminate the lease is not provided to the other party by July 1, then the lease shall remain in full force and effect, unless terminated the following yeru· in accordance with this paragraph. Upon te1mination, all rights and duties of each party shall immediately te1minate. REAL ESTATE LEASE- Page 2 of 6 . . ---PAGE BREAK--- ' . . . 10. ASSIGNMENTS OR SUBLETTING. LESSEE may not assign this lease or sublet the whole or any part thereof without written permission of the LESSOR. 11. CONTINGENCY FOR APPROPRIATION OF FUNDS. This lease is contingent upon LESSEE receiving and appropriating the necessary funding to cover its obligations hereunder. In the event that such funding is not received or appropriated, then, and in that event, the LESSEE'S obligations under the contract shall cease and each party shall be released from fmiher performances under the contract without any liability to the other party. 12. ATTORNEY FEES. If action is brought to enforce the terms or provisions of this lease, or to enforce forfeiture for default, or to collect damages for breach, the prevailing party in such action shall be entitled to recover from the losing party reasonable attorney fees together with costs authorized by law. 13. SERVICE OF NOTICES. Any notice shall be served upon LESSOR by certified mail to LESSOR at P.O. Box 130, Princeton, ID 83857. Any notice shall be served upon LESSEE by certified mail to LESSEE at City of Moscow, City Clerk, PO Box 9203, Moscow, Idaho 83843. Service of a notice by certified mail shall be deemed complete upon the date of the postmark by certified mail. Either party may change the address for service of.notice by written notice to the other party. · · · 14. SEVERABILITY. If any part of this Agreement is held ·Unenforceable, the remaining portions of the Agreement will nevertheless remain in full fon;e and effect DATED this 13 day of Ē.d ēuS4f ĔJ: 2011. LESSEE: By Name: 2/vTFa.N Title: F, a5, State of lAA, ) s.s. County of ) ' . On this ....lt:L_day of 0\ac..c m the year of 20\\ , before me LA-\ c. S , a notary public, personally known to me to be the person(s) whose name(s) is (are) subsc1ibed to the within instrument, and acknowledge to me that he (she) (they) executed the same. ---PAGE BREAK--- LESSORS: Bennett Lumber Products, Inc. Title Ce:.1f;Lif.e State of ) S.S. County of On this i3T'* day of , in the year of d-o II , before me f!ot.l)..tt-tvt M. ,{1/E(',ublic, personally known to me to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledge to me that he (she) (they) executed the same. N y UbiiC My Commission Expires on 9-3- 2-o I 7 . REAL ESTATE LEASE- Page 4 of6 ' , ---PAGE BREAK--- EXHIBITB Rathbun Communications- 883-8608 REAL EST ATE LEASE- Page 6 of 6 ---PAGE BREAK--- EXHIBIT A 1-Ericson GE Master 3 repeater 1-20 foot omni-directional antenna Cable is assumed REAL ESTATE LEASE- Page 5 of6 . . t ---PAGE BREAK--- September 19, 2011 City of Moscow City Clerk P.O. Box 9203 Moscow, ID 83843 Dear Sir or Madam: 3759 Highway 6 P.O. Box 130 Princeton, ID 83857-0130 Phone: (208) 875-1121 Fax: (208) 875-0191 The old lease for use of Bennett Lumber Products, Inc. (BLP) cell tower expires 9/30111. We have included a new five year lease which will expire 9/30/16. Some of the differences in the new lease: a fixed lease of $900/year no CPI indexing, $500 payment due on the first billing for use ofthe back-up generator for five years, and our P.O. Box changed to 130 from 49. If these terms are acceptable, please sign both leases enclosed and return one to BLP. Thank you. Sincere! olny Controller enclosure: mvmce 2 leases ---PAGE BREAK--- ---PAGE BREAK--- LEASE FOR: Tower Space on Moscow Mountain BILL TO: City of Moscow - Moscow Fire Dept Attn: Stephanie Kalasz 206 E Third Street Moscow, ID 83843 DATE Oct 1, 2011 to Annual Lease Payment Sept 30, 2012 Aug'10-Jul '11 Share of Utilities 10/1/2011 to Back-up Generator 9/30/16 MAKE CHECKS PAYABLE TO: Bennett Lumber Products, Inc. DESCRIPTION INVOICE INVOICE NO. 2011-36 DATE: September 20, 2011 Due Upon Receipt AMOUNT $900.00 $258.00 $500.00 l$1 658.00 ---PAGE BREAK---