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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 114 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 of Idaho. The term of this lease is for a period commencing on the effective date of this lease and terminating on September 30, 2011, under the following terms and conditions: 1. RENT. LESSEE agrees to pay LESSOR rent for the premises in annual installments of Eight Hundred Dollars ($800.00) per year, payable on or before October I of each year. The annual rent shall be adjusted each year by the percentage change in the annual Consumer Price Index for All Urban Consumers (CPI-U) for the Seattle Metropolitan Area, as published by the U.S. Department of Labor, Bureau of Labor Statistics. The percentage change shall be determined by comparing the CPI-U for August of the current year to the CPI-U for August of the prior 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 I of each year. 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 determined 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 REAL ESTATE LEASE- Page l of 6 2006-36 ---PAGE BREAK--- place, shall not be limited and any agent of LESSEE may access the premises. Exhibit A may be 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 parties. 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 (10) 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 terminated 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 party 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 l, then the lease shall remain in full force and effect, unless terminated the following in accordance with this paragraph. Upon termination, all rights and duties of each party shali immediately terminate. 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 snch funding is not received or appropriated, fhen, and in that event, the LESSEE's obligations under the contract shall cease and each party shall be released from furfher performances under the contract without any liability to fhe 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 aufhorized by law. 13. SERVICE OF NOTICES. Any notice shall be served upon LESSOR by certified mail to LESSOR at PO Box 49, Princeton, Idaho, 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 fhe postmark by certified mail. Either party may change the address for service of notice by written notice to fhe other party. 14. SEVERABILITY. If any part of this Agreement is held unenforceable, the remaining portions of the Agreement will nevertheless remain in full force and effect. LESSEE: State of Idaho County of Latah ) ) S.S. ) in the year of before me -4.:U.J4,ilililililililJ notary public, personally known to me to be the person(s) whose is (are) subscribed to the instrument. and acknowledge to me he (she) (they) executed the same. REAL ESTATE LEASE - Page 3 of 6 ---PAGE BREAK--- s E A L LESSORS : Bennett Lumber Products, Inc. By vt'2?L NameÐ 5h,T[ 'Tue£<-e0'-, Title .Vpr df)viAit.J s E A L \lA. N.4 2 QJ' ' , • • "UJir.n • • @ :o:A" . - - . . - - . . - - • • ; pue'-'' RST PQ O \9 " 1"<4TE " REAL ESTATE LEASE - Page 4 of 6 otar}f { ( ission Expires / ---PAGE BREAK--- EXHIBIT A !-Ericson GE Master 3 repeater 1-20 foot omni-directional antenna Cable is assumed REAL ESTATE LEASE- Page 5 of 6 ---PAGE BREAK--- EXHIBIT B Rathbun Communications- 883-8608 REAL ESTATE LEASE- Page 6 of 6