1998-43370-Order No. 98-113 Recorded 8/6/1998168 "` 2615--J
REVIEWED
98-43370
LEGAL COUNSIL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order To Disburse Funds from the LID 98AW131-6 AM 10:51
Fund to Pay Against a Certain Assessment for* :. t ;;;;� �;! O
Local Improvements. * GIOU T-` CLERK
ORDER NO. 98-113
WHEREAS, Deschutes County, pursuant to Resolution No. 97-067, imposed an assessment for
local improvements for properties benefited by the improvements to Agate Road, including
assessments against properties described as Lot 15 and Lot 16, Block F, Deschutes River Woods
(hereinafter "Kellogg properties"); and
WHEREAS, at the time of the hearing on proceeding with the LID and detennin.ing the manner
of apportioning the costs for the improvements against benefiting properties, the Kellogg properties
were in the process of being approved for a lot line adjustment so as to reconfigure the Kellogg
properties into a single lot; and.
WHEREAS, it appears to the Board of County Commissioners that the Kellogg properties
should have, for the purpose of apportioning the costs of the local improvements amongst the benefited
properties, been considered to be a single property; and
WHEREAS, the method of apportionment camlot be revisited at this time to treat the Kellogg
properties as a single lot; and
WHEREAS, the Agate Road improvements have a value to the public in addition to the special
benefits conferred upon the benefiting property owners; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. That the Deschutes County Treasurer credit from the LID Fund an amount of $1,500
against the assessment charged against Lot 17, Block FFF, Deschutes River Woods, tax lot account
number 181126C 12200, as of the date the assessment was imposed and that amount charged against
Lot 17, Block FFF, Deschutes River Woods, tax lot account number 181126C12200, including accrued
interest, be reduced accordingly, as of June 11, 1997.
DATED this 5`1' day of August, 1998.
B 'ARD OF OUNTY OMMISSIONERS OF
SCHUTE UNT .OREGON
i
'ILA
NANCY E CHLANGEN, Chair {, M1CRO'`�tMfD
SEP 3 0198
ATTEST: ROBERT L. NI:P:P:ER, Com mi§ Toner
c
-- KEYPU E
Recording Secretary INDA L. SWEAR:. N, Commissioner SEP .2 998
PAGE I of 1 - ORDER No. 98-113 (8-5-1998)
JUN, -03-98 WED 08:36 DESCHUTES CO COMM CORR
LEASE
Landlord: ALTRA LLC ine square
DBA: aiP
P. p. Sox 1287
La -Pine, OR- 97739
5 -536-2514
Tenant: PS !► �dc
/l?!rr Pd
7
ZlrmergencY P one n er: 3-
pleasa.make chucks out.to La Pine Square.
FAX NO. 54138518044 $
P. . 02
2 66-x. •._ .
N
Recitals:
t. Landlord is th® 'owner of
97739,p3�aedescribednly known as La pines51546
Square.
Highway 97, La. Pine, Oregon
2; '-'La pine square is a strip ntal�space series of spaces ava�ilabl.e
for rent. This lease covers jertY
3. 'Landlord desirdTenant desires
ease the leasaZpzol
vn the terms and conditions*
Agreement:nee as ZolloWs:
The pa -Y tiea ag i9
4. Tern: '
The term of this Lease coi9encdGes on a m"dn gIt 1 o o'c�.ock R.M.
and ends on 0 3.�---
5. Rent: 1 to Landlord the sura Of S= J ��
3,1 Basic Rent: Tenary, shall path month, beginning on
r- //� Rent shall be paYabls on the first
1 he Landlord.
:cont in a vance at �'��• place designated i�Y t,
�a:yy o L e that the
first month's rent has been paid upon
The parties acIcnowledg
exaaution of thins Lease
S.Z. Additional. Rent:
following amounts:
As additional rent, Tenant shall naY the
5.2.1. All taxes upon
premises, including fixtures•
Tenant's personal property on the
5.2.2.. All charges for heat, light, power, water, sewage, and
other services or utilities used by Tenant in the premisss.
S.Z.3. The cost o£ all ny, which Tenantich Tenant is requiredstoequired
to pay• Alao•the.amount, if any
rei�bu=•se Landlord nor Inc
insuranea costa occasioned by
Tenant's use. ired to
burse
5.2.4. All amounts which Tenant iseq
rinud�,schargingmTenant's
Landlo,d.for expanses incurred by T+
obligations.
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5.2.5 Tenant agrees that all Tenant and employee parking will
be o p remises.
5,2.6. Tenant's proportionate share of snow removal costs,
maintainincl and cleaning the common areas including the parking lot,
k and landscaping.
9 61 fee for this service is 510.00.
Tenant s mon Y
aarea,
It is the obligation of the Tenant to keep the sidewalk
and arin front of Tenant's rental space free of ice.
5.2.8. It's the Tenant's obligation to obtain and pay for its
own rubbish removal service.
5,2,9. All other amounts which. Tenant is required to pay by any
other provision of this Lease.
sldawal s,
o-
5.3. Adjustments to rent:
5.3.1. The basic rent contained in this Lease shall be adjusted
for each real property tax year. In the event the real property taxes
are increased over the base year, Tenant's proportionate share of such
tax increase shall be.paid monthly. The parties shall make a good
faith effort to estimate the increase. The increase shall by paid
monthly in addition to the rent described above. Each year when the
tax statements are received, the monthly amount shall be adjusted
either upward or downward to insure.
that
sthe
amount
base yowed
by Tenant is
paid i n The
9.3.2. The basic rent shall. by adjusted each calendar year.
Each n the anniversary of this Lease, the basic rent shall be
increased. The rent shall be increased 5% per year. The increase
shall be effective for the 13th. month of this Lease. The last
month's rent deposit shall be increased 5% each year to correspond
with the increased rental.
5.3.3. Tenant shall pay its proportionate share of any increase
in Landlord's expenses incurred in maintaining insurance upon tthe
ax year.
building and related premises. The base year is the
5.3.4. Landlord will reimburse to Tenant, Tenant's first
month's rental amount. This reimbursed ama.unt is to be used toward
installationthe cost Of
walls. Landlord h
installstandardng oflightt
inside
perimeterwahe
fixtures.
P ,
5,4 Tenant's Propor;.ionate share:
The parties ac now a ge t at Tenant is Leasing a portion of the r
ata or
premises -used throughout this -know as La. Pine rLease e. ashall Sber5%rpercent pofotheiOnate total ,
share a
cost incurzed by Landlord.
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6. Securjtk Deposit.
On execution of this Lease, Tenant deposits with Landlord
the suint of and no/100 Dollars
�$ ), receipt of which is acknowledged by Landlord,
as security or the performance of the this Lease. The deposit
shall be.xeturned to the Tenant, without int®rest, on the full
performance of the. terms of this Lease. Landlord may offset any
amounts owed by Tenant to Landlcxd £rota tbi security deposit.
7.= Renewal Option.
If -Tenant is not in default under the terms of this Lease
and Tenant has not been materially in default during the term of
this Lease, and payments on the Lease have been made in a timely
manner,"Tenant shall have the option to renew the Lease far
successive tenni of years each as follows:
7.3. Each renewal term shall start on the day following the
date of -termination of the preceding taro.
7.2 The option= shall be exercised by a written notice to
Landlord -given not less than ainety (90) days prior to the last
day of the expiring teats.
7.3 Tem and conditions for.each renewal terra shall be
identical with the original testa except for neat.
7VA Rent for the renewal shall be agreed upon by the
parties.
8. , use of the Premises.
. $.i RernittQd Use. Tha premises are to be used for the-
purposes of ,
Tenant shall not use or permit the use --6f the prem-ises for any
other purpose without written consent of the Landlord.
8.1.2 Landlord desires to lmaintaiA a mix of Tenants,
b•tiainesses, 'services and clientele that will insure the most
beneficial use of the property. Landlord shall have the sole,
exclusive right to detezzai.ne the appropriateness of any other use
which.the Tenant desires to make of the property.
8.2 , B80=12tions__On U82
S.2.1 Tenant shall not use the preml es in any
Manner that will increase risks covered by insurance on the
premises and result in an increase of the rate of insurance, or
�artcellation of any insurance Pol icY.
8.2.2 Tenant shrill not allow any waste o3: -nuisance
On. the premises, or allow the premises to be used for any
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unlavful-•purpcse. Tenant shall maintain the premises in.•a neat,
tidy and clean manner.
8.2.3 Tenant shall conform to all applicable laws
and regulations of any public authority.
8.2.4 Tenant shall refrain from any use which would
be reasonably offensive to other tenants or Landlord.
$,2.5 Tenant shall not use or store upon the
presjises any -hazardous substances. Hazardous substances shall
mean any substance defined as such by any laws, rules or
regulations of any governmental agency or defined as such by any
eavi.ronmental laws which include, but are not limited to, the
Resource Conservation and Recovery Act, the Toxic Substance
Control Act, t •e Comprehens..i.isa Environmental Response
Compensation a.id Liability Act, the Solid Waste Disposal. Actr or
any. other federal or state statutes or regulations promulgated
under any such federal or state statutes relating to protection
of human health and the envizonment.
8.2.9 Tenant shall refrain fzom loading the floor$
..beyond the pout considered safe by a competent engineer or
architect selected by Landlord.
9 . st i nteuance axid Repairs.
9.1 Landlord's RgAna skitees. The following shall be the
responsibilities of Landlord:
9.1.1 Repairs and malntenance of ;oaf, extezior walls,
gttuctural members and foundation.
9.1.2 Subject to Paragraph 5,.2.7, repair of sidewalks,
driveway, curbs and pa.rkl ng areas and azeas used in common by
Tenant and Landlord or other Tenants.
9.1.3 Repair and maintenance of exterior water,
sewage, gas and electrical services up to the point of entry to
the leased premises.
9.2 Tenants Responsibilities. The following shall be the
respans ibilities of Tenant:
9,2.1. Repair of interior walls, ceilings, doors,
windows and related hardware, light fixtures, switches, wiring
and plumbing from point of entry to the premises.
9.2.2 Any repa3.rs necessitated by the negligence of
Tessa3st, lta agents, empl.oyeag ox invitses, except as provided in
the paragraph entitled "'Waive= of Subrogation."
9.2.3 Maintenance and repair of heating and air
conditioning systems.
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. 9.2.4 Any repa3si or
maintenance
andregulations of
ired und8z
Tenants obligation to Comply
• governing bodies as .described above.
9.2.5. All other r pairs to the
abOVQ to make. which Landlord
is not specifically required
9.2.6 Any repairs ora intenance requirey Landlord prior to
this, section, shall be appro�red Sas `vriting by a3.it
commencement
of repair. Landlord adismaintenato nceorrepairthe sShall
of the building and deSiZes that
of
the same or better quality of the building. This shall be
be e of Landlord's approval. In the event the maintenance
the purpose
or repair an emergency matter, it may be completed prior to
Landlord's consent if Landlord '_s useable.
Zf
Make Repaigra re ai rs re in a fired by glv nenant
rhis Lease
falls or refuses to make any p e the actual Cost of
Landlord may'Iuske such repairs and charg
rep&irs to Tenant. Such expenditure by Landlord shall be
- .reimbursed by Tenant on ent i2�lper together
a�� from thendatescfathehe
rate of twelve p { ency, Landlord may not
expenditure. Except in the case of �aaerg _
perform repairs which are the obli.gateioense n Of theunlTe,�at` least
charge the Tenant for the resulting expense
thirty {303 days before the work is Commenced, the Tenant is
given written notice of the need for such repair.
1.0. Alterations.
P no• improveiue
Tenant shall maknts or alterations of any kind
on the leased pre 1ses without prior consent in wr3.ting of
Landlord. All per=La 8d alterations shall be iiCable 900,d and
wor.�aan-l3.ke manner and in, compliance with app
bu; ld3.ng codes.
Z 1. De3i�rery and Acceptance .
Landlord represents that the premises are in fit condition
onnt itionbe
for. -use by Tenant. Acceptance of the premises by ood state of
hall
construed as -recognition that the premises are in a g
repair and in sancta= -Y condition.
iZ . • Condition of the PrWises Upon Expixation.
or earliez on account Of!
Upon expiration of�' reall keLase teys to Landlord and surrender.
default, Tenant shall delive Y
remises in fi=st class condition, ready fer
the leased p constructed by Tenant shall be removed
occupancy. Alterations
and the Premises ,eives Permissiond-tofromithe Landlordctodleave any
unless 'Ten
such alterations. Before delivery, Tenant shall remove all
business signs -placed on
the premises by Tenant, and restore the
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portion of the premises
condition as when.received.
in which they were placed in the same
13. Destruction of Premises. -
Partial or total destruction of the leased premises shall
not te=mfnate this Lease. if the premises are partially or
totally destroyed, Landlord shall repair them when such repairs
can be completed in coafo=ity with goverz�aentwl laws and
regulations within ane hundred twenty (120) days of the
destruction. Rent shall be reduced proportionately to the extent
to which .the damage and repair operations interfere with the
business conducted en the prem{res b
cannot be -completed in one hundred twentyant. If the repairs
party shall `Lave the option to Lease. �OLease. either
14.. Condition.
14.1 Condemnation of a part o
remaining will not f the premises, that leaves the
business, 3.13. not
t usable by Tenant for the pew -poses of its
terminate this Lease unless Landlord, at its
Option, terminates the Lease. The effect of any condemnation,
where the option to -terminate is not exercised, will be to
tarMinate the Lease as to the pox -Ion of the premises condemned,
and the Lease of the remainder of the demised premises shall
remain intact. The rental for the remainder of the Lease term
shall be reduced by the Amount that the usefulness of the
Premises has been reduced for the business puxpos.es of Tenant.
14.2 Condemnation of the premises that leaves the remaining
premises unusable by Tenant for the payment of its business shad
terminate this Lease.
14.3 Tenant shall have no cla;
condemnation. Tenant hereby assI s and to the proceeds s of any
any Claim to compensation for damAges as a esui�soEQan�indlcrd
Condemnation.
15. Waiver of Subrogation Rights.
Neither par;,l, shall, be liable to the other (or the other's
successors or assigns) for any loss or damage caused by fire or
any of the risks enumerated in a standard £1zE insurance policy
with an extended coverage endorsement, In the event nc insured
lass, neither parthe other. ;tt4urance company shall have a subrogated
claisa against the other.
16• Landlord's Warranty.
Landlord warrants that it is the owner of the leased
Premises and has the right •to lease them. Landlord will defend
Tenant's right to quiet enjoymwnt of the leased premises from
lawful claims Of all persons during the Lease term, except such
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persons having encumbrances upon the real property recorded prior
to the date of this Lease.
17. Entry on Premises by Landlord.
Landlord may enter the premises at reasonable times to
inspect, pertozm r quixed maintenance and repairs, or make
additions, alterations or modificati-Ons to any part of the
building.
18. Signs and Awnings.
Tenant shall not construct or place signs, awnings, or other
structures projecting from the exterior of the preMises without
the written consent of Landlord.
19. - Parking.
Landlord grants to Tenant and Tenant's customers, suppliers,
employees and invitees a non-exclusive I, -;cense to use the
designated parking areas for use of motor vehicles during tlLe
terra of this Lease. -Landlord reserves the right to grant similar
non-exclusive use to other Tenants, to promulgate rule and
regulations relating to the use of such .parking areas, including
reasonable restrictions on parking by Tenant's employees to
designated specific spaces for use of any Tenant and to make
changes in the parking layout from time to time, and to establish
reasonable time limits on parking.
20. Liability and Indemnity.
20.1 Liens.
20.1.1 Except WS-th respect to activities for which
Landlord. is responsible, Tan.ant shall pay as due all claims for
work, services or material used on the leased premises, and shall
keep the premises free from any liens. If Tenant fails to pay
any claims or to discharge any lien, Landlord may do so and
collect the cost as additional rent. Any Amount so added shall
bear interest at the rate of ten percent (10%) per annum from the
date so expended by Lazzdl.ord and shall be payable on the date of
the next payment. such action by Landlord shall not constitute a
waiver of any right or remedy which Landlord may have on account
of Tenant's default..
20.1..2 Tenant may withhold payment of any claim in
connection with a good -faith dispute over the obligation to pay,
so long as Landlord's property interests axe not jeopardized. If
a lien-'is.filed as a result of non-payment, Tenant shall, with_n
ten, (10)" day= of the Z111=g, aecuxe the discharge of the lien, or
deposit with Landlord, cash or other security satisfactory to
Landlord in an -amount sufficient to discharge the lien plus any
costs, attorneys' fees and other charges that could accrue as a
result of a foreclosure or sale under the lien.
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20.2 Indemnification. Tenant shall indemnify and defend
Landlord from any claim, loss or liability arising out of or
related to any activity at Tenant on the leased premises or any
condition of the leased premises in the possession or under the
control of the Tenant.
.20.3 Liability Insurance. Tenant shall maintain at its
expense during the term of this Lease, and any extension, public
liability insurance with insurers and through brokers approved by
Landlord. Such coverage shall be adequate to protect against
liability for damage claims through public use of or axising out
of accidents -occurring in or around the leased premises, in a
min ;'mnm amount of Three Hundred Thousand and No/140 Dollars
($300,000) for any -one' accident. The insurance policy shall
provide coverage for contingent liability of Landlord on any
claims or losses. Tenaut shall obtain a written obligation from
the insursrs to notify Landlord in writing at least ten (10) days
prior to cancellation or refusal to renew any policy. If the
insurance policies are not kept In force during the entire term
of this Lease or any extension, Landlord may procure the
necessary insurance and pay the premium, and the premium shall be
repaid to Landlord as an additional rent installment for the
month followLag. the date on which the premiums were paid by
Landlord.
21. Assignment and Sublease.
.. No part of this Lease or the leased property may be assigned
or subleased, nor may a right of use of any portion- of the
property be conferred on any third person by any other means,
without the prior written consent of Landlord. Landlord desires
to approve the personality of any proposed tenant, their
financial ability, their business experience and the type of
business which the tenant intends to operate. This provision
shall apply to all transfers by operation of law and transfers to
and by trustees in bankruptcy, receivers, administrators,
executors and legatees. No consent in one instance shall prevent
the provision from applying to a subsequent instance.
22. Default.
The following shall be events of default:
22.1 Default in Rent: Failure of Tenant to pay any rent or
any other charge when due.
22.2 Default in Other Covenants: Failure of Tenant to
comply,with any term or condition or fulfill any obligation of
the Lease '(other than the payment or rent or other charges)
within ten (20) days attar written notice by Landlord specifying
the nature of the default with reasonable particularity. If the
default is of such a nature that it cannot be completely remedied
within the ten (10) day period, this provision shall be complied
with it Tenant begins correction of the default within the ten
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• 168 °'2625
(10) day period and proceeds with -reasonable diligence and in
good faith to effect the remedy as soon as practicable.
22.3 Insolvency: Insolvency of Tenant; an assignment by
Tenant for -the benefit of creditors; the filing by Tenant of a
voluntary petition, in bankruptcy; and adjudication that Tenant is
bankrupt or the appointment of a receiver of the properties of
Tenant; the filing of an involuntary petition of bankruptcy and
failure of Tenant to secure a dismissal of the petition within
thirty (30) days. after filing; attachment of or the levying of
execution on the leasehold interest and failure of Tenant to
secure discharge of the attachment or release of the levy of
execution within ten (10) days. If Tenant consists of two (2) or
=re individuals or business entities, the events of default
specified in this paragraph shall apply to each individual unless
within ten (10) days after an event of default occurs, the
` remaining individuals produce evidence satisfactory to Landlord
that they have unconditionally acquired the interest of the one
causing the default. if the lease has been assigned, the events
of default so specified shall apply only with respect to the one
then-exaxcising the rights of Tenant under the Lease.
22.4 Abandonment: Failure of Tenant for fifteen (15) days
ar more to occupy the property for one or more of the purpases
permitted under this Lease, unless such failure is excused under
other provisions of this. Lease.
23. Remedies on Default. -
23.1 Late Charge. it any rent or other charge is not paid
when due, Tenant shall pay, in addition to the rent or other
charge, the suss of $10.00 per day from the due date until paid.
23.2 TerminatLo-ft. in the event of a default, the Lease may
be te3t1_nated at the option of Landlord by notice in writing to
Tenant. if the Lease is not terminated, by election of Landlord
or otherwise, Landlord shall be entitled to recover damages from
Tenant for the default. If the Lease is terminated, Tenant's
liability to Landlord for damages shall survive such termination,
and Landlord may reenter, take possession of the premises, and
remove any persons'or property by legal action or by self-help
with'the use of reasonable force and without liability for
damages.
23.3 Reletting. Following reentry or abandonment, Landlord
may relet*the premises, and in that connection, may make any
suitable alterations- or refurbish the premises, or both, or
change the character or use of the premises; but Landlord shall
not be required to relet for any use or purpose other than that
'specified in the Lease or which Landlord may reasonably consider
injurious to the prem.i.ses, or to any tenant which Landlord may
zeasonably consider objectionable. Landlord may relet all or
pa=t of -the premises, alone or in conjunction with other
properties, for a tolls longer or shoxter than the terns ei this
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Leaser upon any reasonable teras and conditions, -including the
granting of some rent-free accupancy or other rent concession.
23.4 Damages. in the event of termination on default..
Landlord shall be entitled to recover immediately, without
waiting until the due date of any future rent or until the date
fixed for expiration of the Lease te=,.the following amounts as
damage$:
.23.4.1. The loss of reasonable rental value from the
date of default until a new Tenant has been secured.
23.4.2 The reasonable costs of reentry and
xeletting,-including without limitation, the cost of any clean--
up, refurbishing, removal of Tenant's property and fixtures, or
any other expense occasioned by Tenant's failure to quit the
premises upon termination and to leave them in the required
condition, any rem deling costs, attorneys' fees, court costs,
broker commissions, and advertising costs.
23.4.3 Any excessof the value of the rent and all
of Tenant's other obligations under this Lease over the
reasonable expected return fro= the premises for the period
commencing on the earlier of, the date of trial or the date the
premises are relet and continuing through the end of the term,
23.5 Right to Sue mortz than once. Landlord may sue
periodically to recover damages during the.pexiod corresponding
to the remainder of the Lease teras, and no action for damages
shall bar a later action for damages subsequently accraing.
23.6 oregan Remedies. Landlord shall have all remedies
provided by Oregon Law.
23.7 Landlord's Ricrht to Cure Degaults. If Tenant fails to
perforin any obligation of this Lease, Landlord shall have the
option to do so after 30 days written notice to Tenant. All of
Landlord's expenditures to co=ect the Default shall be
reimbursed by Tenant an demand with interest at the rate of 12%
per annum from the date of expenditure by Landlord. Such action
by Landlord shall not waive any other remedies available to
Landlord because of default.
23.8 Remedies Cumulative. The foregoing remedies shall be
cumulative and in adcUtion to and shall not exclude any other
remedy ava;lable to Landlord under applicable law.
24.' Niscellaneous.
24.1 Nonwaiver: Waiver by either. party of strict
perfo.-=nce of any pzovision of this Lease shall not be a waiver
of or prejudice the party's right to require strict performance
of the same provision in the future or of any other provision.
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24.2 Attorney Fees: If suit or action is instituted in
connection with any controversy arising out of this Lease, the
prevailing party shall be entitled to recover, in addition to
costs; such sura as the Court may adjudge reasonable as attorney
fees. In addition, if Landlord employs an attorney to enforce
any -of the provisions of this Lease without suitor action,
Tenant shall pay to Landlord such reasonable charges.
24.3 Notices: Any notice re(Zuited or permitted under this
Lease shall be addressed to the addresses stated in this Lease,
ox to such other address as may be specified from time to time by
either of the pa -ties in writing.
24.4 gguccess3.6n: Subject to the limitations contained in
this Tease on transfer of Tenant's interest, this Lease shall be
• binding upon and inure to the benefit of the parties and thein
respective successors and assigzis.
24.5 Time of the Essence. Time is of the essence in the
perfarmance of each of Tenant's obligations under this Lease.
24.6 Entry fo oection. Landlord shall have the right t:
enter -upon the premises at any reasonable time to determine
Tenant's compliance with this Lease, to make necessary repairs,
to show the premises to any prospective Tenant or purchaser. In
addition, Landlord shall the =fight to place and maintain upon th'
premises notices for leasing or selling the premises during the
last two t 2 j months of the term of his Lease.
/
EXECUTED this ( "�, day Of 04.
LANDLORD T T
U), W
RDON W. WANEX
WENny W. POTOK
r
EXHIBIT
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