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Home My WebLink AboutUnion Pacific Railraod Lease Agreement with CityUNION PACIFIC JUL 112019 Folder: 3155-75 TED BAIRD CITY OF MERIDIAN IDAHO 33 E BROADWAY AVE. MERIDIAN ID 83642 RE: Lease Covering Use of Railroad Property at Meridian, Idaho Dear Mr. Baird: Attached for your permanent record is a fully executed original of the above -referenced Lease. The Railroad Company has authorized the installation of fiber optic cable facilities on its property in certain areas. Prior to digging on the Railroad's property you must contact the Railroad Company at 1-800-336-9193 to determine if this property contains fiber optic cable. In any event, you should thoroughly review the terms and conditions of this Lease. In compliance with the Internal Revenue Service's policy regarding Form 1099, please be advised that 94-6001323 is Union Pacific Railroad Company's Federal Taxpayer Identification Number and we are doing business as a corporation. Sincerely, Michael Gibilisco Mgr - Real Estate (402) 544-7510 Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Industrial Lease (Year To Year) 09-01-06 (Unimproved Property) Form Approved, Law Audit No. k-r,a ` w�T Folder No. 03155-75 LEASE OF PROPERTY (INDUSTRIAL LEASE - UNIMPROVED - YEAR TO YEAR) THIS LEASE ("Lease") is entered into on 18 -q-yhL , 20_ff, between UNION PACIFIC RAILROAD COMPANY ("Lessor") and CITY OF MERIDIAN IDAHO, an Idaho municipal corporation, whose address is 33 E Broadway Ave. , Meridian, Idaho 83642 ("Lessee"). IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: Article 1. PREMISES; USE. Lessor leases to Lessee and Lessee leases from Lessor the premises ("Premises") at Meridian, Idaho, shown on the print dated June 13, 2019, marked Exhibit A, hereto attached and made a part hereof, subject to the provisions of this Lease and of Exhibit B attached hereto and made a part hereof. The Premises may be used for parking and building exterior aesthetic maintenance, and purposes incidental thereto, only, and for no other purpose. Article 2. TERM. The term of this Lease shall commence June 19, 2019, and, unless sooner terminated as provided in this Lease, shall extend for one year and thereafter shall automatically be extended from year to year. Article 3. FIXED RENT. A. Effective June 19, 2019, Lessee shall pay to Lessor, in advance, fixed rent of Four Hundred Sixteen and 67/100 Dollars ($416.67) per month. The rent shall be automatically increased by Three percent (3%) annually, cumulative and compounded. B. Not more than once every three (3) years, Lessor may redetermine the fixed rent. If Lessor redetermines the rent, Lessor shall notify Lessee of such change. Article 4. INSURANCE. A. Throughout the entire term of this Lease, Lessee shall maintain the insurance coverage required under Exhibit C hereto attached and made a part hereof. B. Not more frequently than once every two years, Lessor may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. C. Upon request of Lessor, Lessee shall provide to Lessor a certificate issued by its insurance carrier evidencing the insurance coverage required under Exhibit C. D. All insurance correspondence shall be directed to: Real Estate Department, 1400 Douglas Street STOP 1690, Omaha, Nebraska 68179-1690, Folder No. 03155-75. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first herein written. Lessor: Lessee: UNION PACIFIC RAH,ROAD COMPANY CITY OF MERIDIAN IDAHO By: By: D' ect r - Real Estate Title: �r Hodney S. Carroll General Director - Real Estate NOTE: Industrial Lease (Year To Year) 09-01-06 (Unimproved Property) Form Approved, Law EXHIBIT B TO INDUSTRIAL LEASE (UNIMPROVED YEAR TO YEAR) Section 1. EVIPROVEMENTS. No improvements placed upon the Premises by Lessee shall become a part of the realty. Section 2. RESERVATIONS. TITLE AND PRIOR RIGHTS. A. Lessor reserves to itself, its agents and contractors, the right to enter the Premises at such times as will not unreasonably interfere with Lessee's use of the Premises. B. Lessor reserves (i) the exclusive right to permit third party placement of advertising signs on the Premises, and (ii) the right to construct, maintain and operate new and existing facilities (including, without limitation, trackage, fences, communication facilities, roadways and utilities) upon, over, across or under the Premises, and to grant to others such rights, provided that Lessee's use of the Premises is not interfered with unreasonably. C. Lessee acknowledges that Lessor makes no representations or warranties, express or implied, concerning the title to the Premises, and that the rights granted to Lessee under this Lease do not extend beyond such right, title or interest as Lessor may have in and to the Premises. Without limitation of the foregoing, this Lease is made subject to all outstanding rights, whether or not of record. Lessor reserves the right to renew any such outstanding rights granted by Lessor or Lessor's predecessors. D. Without limitation of Subparagraphs B. and C. above, Lessee shall not interfere in any manner with the use or operation of any signboards now or hereafter placed on the Premises or with any property uses in connection with such signboards (such as, by way of example and not in limitation, roadways providing access to such signboards). In no event may Lessee construct on the Premises any improvements that interfere in any manner with the visibility or operation of any signboards now or hereafter on the Premises or on property in proximity to the Premises. Section 3. PAYMENT OF RENT. Rent (which includes the fixed advance rent and all other amounts to be paid by Lessee under this Lease) shall be paid in lawful money of the United States of America, at such place as shall be designated by the Lessor, and without offset or deduction. Section 4. TAXES AND ASSESSMENTS. A. Lessee shall pay, prior to delinquency, all taxes levied during the life of this Lease on all personal property and improvements on the Premises not belonging to Lessor. If such taxes are paid by Lessor, either separately or as a part of the levy on Lessor's real property, Lessee shall reimburse Lessor in full within thirty (30) days after rendition of Lessor's bill. B. If the Premises are specially assessed for public improvements, the annual rent will be automatically increased by 12% of the full assessment amount. Section 5. WATER RIGHTS. This Lease does not include any right to the use of water under any water right of Lessor, or to establish any water rights except in the name of Lessor. Section 6. CARE AND USE OF PREMISES. A. Lessee shall use reasonable care and caution against damage or destruction to the Premises. Lessee shall not use or permit the use of the Premises for any unlawful purpose, maintain any nuisance, permit any waste, or use the Premises in any way that creates a hazard to persons or property. Lessee shall keep the sidewalks and public ways on the Premises, and the walkways appurtenant to any railroad spur track(s) on or serving the Premises, free and clear from any substance which might create a hazard. B. Lessee shall not permit any sign on the Premises, except signs relating to Lessee's business. C. If any improvement on the Premises other than the Lessor Improvements is damaged or destroyed by fire or other casualty, Lessee shall, within thirty (30) days after such casualty, remove all debris resulting therefrom. If Lessee fails to do so, Lessor may remove such debris, and Lessee agrees to reimburse Lessor for all expenses incurred within thirty (3 0) days after rendition of Lessor's bill. D. Lessee shall comply with all governmental laws, ordinances, rules, regulations and orders relating to Lessee's use of the Premises and this Lease, including, without limitation, any requirements for subdividing or platting the Premises. Section 7. HAZARDOUS MATERIALS, SUBSTANCES AND WASTES. A. Without the prior written consent of Lessor, Lessee shall not use or permit the use of the Premises for the generation, use, treatment, manufacture, production, storage or recycling of any Hazardous Substances, except that Lessee may use, if lawful, small quantities of common chemicals such as adhesives, lubricants and cleaning fluids in order to conduct business at the Premises. The consent of Lessor may be withheld by Lessor for any reason whatsoever, and may be subject to conditions in addition to those set forth below. It shall be the sole responsibility of Lessee to determine whether or not a contemplated use of the Premises is a Hazardous Substance use. B. In no event shall Lessee (i) release, discharge or dispose of any Hazardous Substances, (ii) bring any hazardous wastes as defined in RCRA onto the Premises, (iii) install or use on the Premises any underground storage tanks, or (iv) store any Hazardous Substances within one hundred feet (100') of the center line of any main track. C. If Lessee uses or permits the use of the Premises for a Hazardous Substance use, with or without Lessor's consent, Lessee shall furnish to Lessor copies of all permits, identification numbers and notices issued by governmental agencies in connection with such Hazardous Substance use, together with such other information on the Hazardous Substance use as may be requested by Lessor. If requested by Lessor, Lessee shall cause to be performed an environmental assessment of the Premises upon termination of the Lease and shall furnish Lessor a copy of such report, at Lessee's sole cost and expense. D. Without limitation of the provisions of Section 12 of this Exhibit B, Lessee shall be responsible for all damages, losses, costs, expenses, claims, fines and penalties related in any manner to any Hazardous Substance use of the Premises (or any property in proximity to the Premises) during the term of this Lease or, if longer, during Lessee's occupancy of the Premises, regardless of Lessor's consent to such use or any negligence, misconduct or strict liability of any Indemnified Party (as defined in Section 12), and including, without limitation, (i) any diminution in the value of the Premises and/or any adjacent property of any of the Indemnified Parties, and (ii) the cost and expense of clean-up, restoration, containment, remediation, decontamination, removal, investigation, monitoring, closure or post -closure. Notwithstanding the foregoing, Lessee shall not be responsible for Hazardous Substances (i) existing on, in or under the Premises prior to the earlier to occur of the commencement of the term of the Lease or Lessee's taking occupancy of the Premises, or (ii) migrating from adjacent property not controlled by Lessee, or (iii) placed on, in or under the Premises by any of the Indemnified Parties; except where the Hazardous Substance is discovered by, or the contamination is exacerbated by, any excavation or investigation undertaken by or at the behest of Lessee. Lessee shall have the burden of proving by a preponderance of the evidence that any of the foregoing exceptions to Lessee's responsibility for Hazardous Substances applies. E. In addition to the other rights and remedies of Lessor under this Lease or as may be provided by law, if Lessor reasonably determines that the Premises may have been used during the term of this Lease or any prior lease with Lessee for all or any portion of the Premises, or are being used for any Hazardous Substance use, with or without Lessor's consent thereto, and that a release or other contamination may have occurred, Lessor may, at its election and at any time during the life of this Lease or thereafter (i) cause the Premises and/or any adjacent premises of Lessor to be tested, investigated, or monitored for the presence of any Hazardous Substance, (ii) cause any Hazardous Substance to be removed from the Premises and any adjacent lands of Lessor, (iii) cause to be performed any restoration of the Premises and any adjacent lands of Lessor, and (iv) cause to be performed any remediation of, or response to, the environmental condition of the Premises and the adjacent lands of Lessor, as Lessor reasonably may deem necessary or desirable, and the cost and expense thereof shall be reimbursed by Lessee to Lessor within thirty (30) days after rendition of Lessor's bill. In addition, Lessor may, at its election, require Lessee, at Lessee's sole cost and expense, to perform such work, in which event, Lessee shall promptly commence to perform and thereafter diligently prosecute to completion such work, using one or more contractors and a supervising consulting engineer approved in advance by Lessor. F. For purposes of this Section 7, the term "Hazardous Substance" shall mean (i) those substances included within the definitions of "hazardous substance", "pollutant", "contaminant", or "hazardous waste", in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, et seMc ., as amended or in RCRA, the regulations promulgated pursuant to either such Act, or state laws and regulations similar to or promulgated pursuant to either such Act, (ii) any material, waste or substance which is (A) petroleum, (B) asbestos, (C) flammable or explosive, or (D) radioactive; and (iii) such other substances, materials and wastes which are or become regulated or classified as hazardous or toxic under any existing or future federal, state or local law. Section S. UTILITIES. A. Lessee will arrange and pay for all utilities and services supplied to the Premises or to Lessee. B. All utilities and services will be separately metered to Lessee. If not separately metered, Lessee shall pay its proportionate share as reasonably determined by Lessor. Section 9. LIENS. Lessee shall not allow any liens to attach to the Premises for any services, labor or materials furnished to the Premises or otherwise arising from Lessee's use of the Premises. Lessor shall have the right to discharge any such liens at Lessee's expense. Section 10. ALTERATIONS AND IMPROVEMENTS: CLEARANCES. A. No alterations, improvements or installations may be made on the Premises without the prior consent of Lessor. Such consent, if given, shall be subject to the needs and requirements of the Lessor in the operation of its Railroad and to such other conditions as Lessor determines to impose. In all events such consent shall be conditioned upon strict conformance with all applicable governmental requirements and Lessor's then -current clearance standards. B. All alterations, improvements or installations shall be at Lessee's sole cost and expense. C. Lessee shall comply with Lessor's then -current clearance standards, except (i) where to do so would cause Lessee to violate an applicable governmental requirement, or (ii) for any improvement or device in place prior to Lessee taking possession of the Premises if such improvement or device complied with Lessor's clearance standards at the time of its installation. D. Any actual or implied knowledge of Lessor of a violation of the clearance requirements of this Lease or of any governmental requirements shall not relieve Lessee of the obligation to comply with such requirements, nor shall any consent of Lessor be deemed to be a representation of such compliance. Section 11. AS -IS. Lessee accepts the Premises in its present condition with all faults, whether patent or latent, and without warranties or covenants, express or implied. Lessee acknowledges that Lessor shall have no duty to maintain, repair or improve the Premises. Section 12. RELEASE AND INDEMNITY. A. As a material part of the consideration for this Lease, Lessee, to the extent it may lawfully do so, waives and releases any and all claims against Lessor for, and agrees to indemnify, defend and hold harmless Lessor, its affiliates, and its and their officers, agents and employees ("Indemnified Parties") from and against, any loss, damage (including, without limitation, punitive or consequential damages), injury, liability, claim, demand, cost or expense (including, without limitation, attorneys' fees and court costs), fine or penalty (collectively, "Loss") incurred by any person (including, without limitation, Lessor, Lessee, or any employee of Lessor or Lessee) (i) for personal injury or property damage caused to any person while on or about the Premises, or (ii) arising from or related to any use of the Premises by Lessee or any invitee or licensee of Lessee, any act or omission of Lessee, its officers, agents, employees, licensees or invitees, or any breach of this Lease by Lessee. B. The foregoing release and indemnity shall apply regardless of any negligence, misconduct or strict liability of any Indemnified Party, except that the indemnity, only, shall not apply to any Loss determined by final order of a court of competent jurisdiction to have been caused by the sole active direct negligence of any Indemnified Party. C. Where applicable to the Loss, the liability provisions of any contract between Lessor and Lessee covering the carriage of shipments or trackage serving the Premises shall govern the Loss and shall supersede the provisions of this Section 12. D. No provision of this Lease with respect to insurance shall limit the extent of the release and indemnity provisions of this Section 12. Section 13. TERMINATION. A. Lessor may terminate this Lease for Lessee's default by giving Lessee notice of termination, if Lessee (i) defaults under any obligation of Lessee under this Lease and, after written notice is given by Lessor to Lessee specifying the default, Lessee fails either to immediately commence to cure the default, or to complete the cure expeditiously but in all events within thirty (30) days after the default notice is given, or (ii) Lessee abandons the Premises for a period of one hundred twenty (120) consecutive days. B. Notwithstanding the terms of this Lease set forth in Article II, Lessor or Lessee may terminate this Lease without cause upon thirty (30) day's written notice to the other party; provided, however, that at Lessor's election, no such termination by Lessee shall be effective unless and until Lessee has vacated and restored the Premises as required in Section 15A, at which time Lessor shall refund to Lessee, on a pro rata basis, any unearned rental paid in advance. Notwithstanding anything to the contrary in this Lease, if Lessee has not complied with the requirements of Section 15 A, this Lease, together with all terms contained herein (including payment of rent) will remain in effect until the requirements of Section 15A are met, unless Lessor, in its sole discretion, elects to terminate this Lease. Section 14. LESSOR'S REMEDIES. Lessor's remedies for Lessee's default are to (a) enter and take possession of the Premises, without terminating this Lease, and relet the Premises on behalf of Lessee, collect and receive the rent from reletting, and charge Lessee for the cost of reletting, and/or (b) terminate this Lease as provided in Section 13 above and sue Lessee for damages, and/or (c) exercise such other remedies as Lessor may have at law or in equity. Lessor may enter and take possession of the Premises by self-help, by changing locks, if necessary, and may lock out Lessee, all without being liable for damages. Section 15. VACATION OF PREMISES. REMOVAL OF LESSEE'S PROPERTY. A. Upon termination howsoever of this Lease, Lessee (i) shall have peaceably and quietly vacated and surrendered possession of the Premises to Lessor, without Lessor giving any notice to quit or demand for possession, and (ii) shall have removed from the Premises all structures, property and other materials not belonging to Lessor, including all personal property and restored the surface to as good a condition as the same was in before such structures were erected, including, without limitation, the removal of foundations, the filling in of excavations and pits, and the removal of debris and rubbish. B. If Lessee has not completed such removal and restoration prior to termination of this Lease, Lessor may, at its election, and at any time or times, (i) perform the work and Lessee shall reimburse Lessor for the cost thereof within thirty (30) days after bill is rendered, (ii) take title to all or any portion of such structures or property by giving notice of such election to Lessee, and/or (iii) treat Lessee as a holdover tenant at will until such removal and restoration is completed. Section 16. FIBER OPTICS. Lessee shall telephone Lessor during normal business hours (7:00 a.m. to 9:00 p.m., Central Time, Monday through Fridays, except for holidays) at 1-800-336-9193 (also a 24-hour, 7 -day number for emergency calls) to determine if fiber optic cable is buried on the Premises. Lessor may change the telephone number and hours of operation by giving Lessee notice of the change. If cable is buried on the Premises, Lessee will telephone the telecommunications company(ies), arrange for a cable locator, and make arrangements for relocation or other protection of the cable. Notwithstanding compliance by Lessee with this Section 16, the release and indemnity provisions of Section 12 above shall apply fully to any damage or destruction of any telecommunications system. Section 17. NOTICES. Any notice, consent or approval to be given under this Lease shall be in writing, and personally served, sent by facsimile to (402) 501-0340, by email or by reputable courier service, or sent by certified mail, postage prepaid, return receipt requested, to Lessor at: Union Pacific Railroad Company, Attn: AVP - Real Estate, Real Estate Department, 1400 Douglas Street, Stop 1690, Omaha, Nebraska 68179; and to Lessee at the above address, or such other address as a party may designate in notice given to the other party. Mailed notices shall be deemed served five (5) days after deposit in the U.S. Mail. Notices which are faxed, emailed, are personally served or sent by courier service shall be deemed served upon receipt. Section 18. ASSIGNMENT. A. Lessee shall not sublease the Premises, in whole or in part, or assign, encumber or transfer (by operation of law or otherwise) this Lease, without the prior consent of Lessor, which consent may be denied at Lessor's sole and absolute discretion. Any purported transfer or assignment without Lessor's consent shall be void and shall be a default by Lessee. B. Subject to this Section 18, this Lease shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. Section 19. CONDEMNATION. If, as reasonably determined by Lessor, the Premises cannot be used by Lessee because of a condemnation or sale in lieu of condemnation, then this Lease shall automatically terminate. Lessor shall be entitled to the entire award or proceeds for any total or partial condemnation or sale in lieu thereof, including, without limitation, any award or proceeds for the value of the leasehold estate created by this Lease. Notwithstanding the foregoing, Lessee shall have the right to pursue recovery from the condemning authority of such compensation as may be separately awarded to Lessee for Lessee's relocation expenses, the taking of Lessee's personal property and fixtures, and the interruption of or damage to Lessee's business. Section 20. ATTORNEY'S FEES. If either party retains an attorney to enforce this Lease (including, without limitation, the indemnity provisions of this Lease), the prevailing party is entitled to recover reasonable attorney's fees. Section 21. RIGHTS AND OBLIGATIONS OF LESSOR. If any of the rights and obligations of Lessor under this Lease are substantially and negatively affected by any changes in the laws applicable to this Lease, whether statutory, regulatory or under federal or state judicial precedent, then Lessor may require Lessee to enter into an amendment to this Lease to eliminate the negative effect on Lessor's rights and obligations to the extent reasonably possible. Section 22. MODIFICATION. WAIVER OF DEFAULT. ENTIRE AGREEMENT. No waiver, modification or amendment to this Lease, including specifically but not limited to, any indemnity and/or insurance requirement herein, shall be of any force or effect unless made in writing, signed by Lessor and Lessee and specifying with particularity the nature and extent of such waiver, modification or amendment. This Lease is the entire agreement between the parties, and supersedes all other oral or written agreements between the parties pertaining to this transaction, and any other lease under which all or any portion of the Premises was leased to Lessee. Notwithstanding the prior sentence, Lessee shall retain any and all obligations and liabilities which may have accrued under any other such agreements prior to the commencement of the term of this Lease. Section 23. WATER WELL(S). The installation of new water well(s) or use of existing water well(s) or other equipment or facilities designed to secure potable or non -potable water from sources on the leased premises, or from any adjoining property owned or operated by Lessor, is prohibited. Approved: Insurance Group Created: 2/10/06 Last Modified: 7/2/07 EXHIBIT C Union Pacific Railroad Contract Insurance Requirements Lease of Land Lessee shall, at its sole cost and expense, procure and maintain during the life of this Lease (except as otherwise provided in this Lease) the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Premises" as the Designated Job Site. B. Business Automobile Coveraee insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned, hired, and non -owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Premises" as the Designated Job Site. • Motor Carrier Act Endorsement - Hazardous materials clean up (MCS -90) if required by law. C. Workers Compensation and Employers Liability insurance. Coverage must include but not be limited to: Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement. Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Lessee is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. In any and all Claims against Lessor by any employee of Lessee, Lessee's indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable under any workers compensation acts, disability benefits acts or other employee benefits acts. D. Pollution Liability insurance. If permitted use as defined in this Lease includes any generation, handling, enrichment, storage, manufacture, or production of hazardous materials pollution liability insurance is required. Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000. If hazardous materials are disposed of from the Premises, Lessee must furnish to Lessor evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. E. Umbrella or Excess insurance. If Lessee utilizes umbrella or excess policies, these policies must "follow form" and afford no less coverage than the primary policy. Other Requirements F. All policy(ies) required above must include Lessor as "Additional Insured" using ISO Additional Insured Endorsement CG 20 11 (or a substitute form providing equivalent coverage). The coverage provided to Lessor as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 11, provide coverage for Lessor's negligence whether sole or partial,. active or passive, and shall not be limited by Lessee's liability under the indemnity provisions of this Lease. G. Lessee waives all rights against Lessor and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the workers compensation and employers' liability or commercial umbrella or excess liability insurance obtained by Lessee required by this agreement. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Lease, or (b) all punitive damages are prohibited by all states in which the Premises are located. I. All insurance policies must be written by a reputable insurance company acceptable to Lessor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Premises are located. J. The fact that insurance is obtained by Lessee, or by Lessor on behalf of Lessee, will not be deemed to release or diminish the liability of Lessee, including, without limitation, liability under the indemnity provisions of this Lease. Damages recoverable by Lessor from Lessee or any third party will not be limited by the amount of the required insurance coverage. NOTE: BEFORE YOU BEGIN ANY WORK, SEE AGREEMENT FOR FIBER OPTIC PROVISION. EXHIBIT "A" UNION PACIFIC RAILROAD COMPANY MERIDIAN, ID M.P. 457.33 - Boise Cutoff Subdivision Lease to CITY OF MERIDIAN IDAHO SCALE: 1" = 0' REAL ESTATE DEPARTMENT OMAHA, NE Date: May 22, 2019 Folder: 03155-75 *LEGEND* Lease Area Shown..................................................................... Dot Screen (RR)R/W Outlined.................................................................... LEASE TENANT QUESTIONNAIRE The Union Pacific Real Estate Department is updating its files to have the most current information available to better serve our cus- tomers and those we do business with. The following Lessee Questionnaire will help us better understand our lessee's and the current condition of the railroad's property. The Questionnaire should be completed by someone with knowledge of the current and historical operations at the property. Please enter below the name and title of the person completing the questionnaire. Name: tJ Title: Lease Folder:" 1 Project ID: PROPERTY 1f Wholesalo Trade`: 42—Wholesate Trade 11. What is the property use? Choose from th a following categorils— that BEST describe the activities that are occurring on this lease site. Check all activities that apply with an "X" in the space to— 42311—Automobile & Other Motor Vehicle Merchant Wholesalers (if the left of each activity. service bays present) 1a, Agrtcu!ture, Forestry; Fishing and'Hunting -- 42314—Motor Vehicle Parts (Used) Merchant wholesalers 4235—Metal & Mineral Merchant Wholesaler 42393—Recyclable Material Merchant Wholesaler _ 4246—Chemical & Allied Products Merchant Wholesalers _ 11—Agdculture, Forestry, Fishing and Hunting 1b. Minin g: _ 21—Mining 211-011 & Gas Extraction 4247—Petroleum & Petroleum Products Merchant Wholesalers `. $ Rotaif::Trdde 212—Mining (except oil & gas) 44-45 Retail Trade 441 ---Motor Vehicle and Parts Dealers (f service bays present) 447 --Gasoline Stations 45431—Fuel Dealers (not required for propane or firewood dealers) _ 231—support Activities for Mining 1c >iUtil[ties ':: _ 22—UtillUes Id ConstrueUon -_ . 7h Transportatlon,'and Warahousm$", '1 23—Construction 46-49 Transportation and Warehousing — 481—Air Transportation — 482—Rail Transportation 237—Heavy & Civil Engineering Construction 1e. Manufacturing _ 31-33—Manufacturing _ 311—Food Manufacturing (if underground fuel larks present) 466—Pipellne Transportation I lniormatlon _ 312—Beverage & Tobacco Product Manufacturing 51—Information 313 --Textile Mills (not required if sewing, weaving, or hemming only) ` 1� Finance and.inauranea '• _ 314 Textile Product Mills (not required if sewing, weaving, or hem- 52—Finance and Insurance ming only) 316—Leather &Allied Product Manufacturing y tk.. .ReaE'Estatrt Re'nt51 and Loaning 53—Real Estate Rental and Leasing 321 --Wood Product Manufacturing (if finishing occurs on site) — 322—Paper Manufacturing 53212—Truck, Utility Trailer, and RV (Recreational Vehicle) Rental & 323—Prinling & Related Support Activities Leasing (if repairs, maintenance or vehicle washing are performed on site) 324 --Petroleum & Coal Products Manufacturing 53241 --Construction, Transportation, Mining & Forestry Machinery & 325—Chemical Manufacturing Equipment Rental & Leasing (If repairs, maintenance or vehicle washing — are performed on site) 326—Plastics & Rubber Products Manufacturing — 53249--01her commercial &Industrial Machinery &Equipment Rental & 327—Nonmetallic Mineral Products Manufacturing Leasing (if repairs, maintenance or vehicle washing are performed on site) 331^ -Primary Metal Manufacturing 54 ---Professional, Scientific, and Technical Services — 332 --Fabricated Metal Product Manufacturing — 54138 --Testing Laboratories 333—Machinery Manufacturing (not required if assembly only) 11 Management of Companias and cin. rprtses;, ,. 334—Computer & Electronic Product Manufacturing (not required if 66—Management of Companies and Enterprises assembly only) _ 335—Electdcal Equipment, Appliance & Component Manufacturing 16iAdminlstraUvo'and Support and Wasto Manapom6nt and Rsmedla- (not required if assembly only) on, Sarvtcea 56—Administrative and Support and Waste Management and Remedia- _ 336—Transportation Equipment Manufacturing tion Services 337—Furniture & Related Manufacturing (if finishing occurs on site) 56171—Exterminating & Pest Control 339—Miscellaneous Manufacturing (only required if hazardous mato- _ rials are involved) 562—Waste Management & Remedlatlon Services (Continued on next page) In. EducationelServices 2e. Manufacturing:(Conflnuetl) 61—Educational Services _ 316—Leather & Allied Product Manufacturing 321—Wood Product Manufacturing (if finishing occurs on ails) 322—Paper Manufacturing 10. Heafth'Care and Sacral Assistance. • : '!. 62—Health Care and Social Assistance 6221—General Medical & Surgical Hospitals (if fuel tanks are present) r 323—Printing & Related Support Activities 324—Petroleum & Coal Products Manufacturing 325 --Chemical Manufacturing 1p. Arts Entertainmdnt;and Recraattgn 71• --Arts, Entertainment, and Recreation 71391—Golf Courses & Country Clubs 326—Plestics & Rubber Products Manufacturing 71392—Skiing Facilities 327 --Pion Metallic Mineral Products Manufacturing 71393—Marinas 331•—Primary Metal Manufacturing 332—Fabricated Metal Product Manufacturing 333—Machinery Manufacturing (not required if assembly only) ig Accommodation ofiFood Seriloas 72—Accommodation and Food Services _ 7212—RV (Recreational Vehicles) Parks & Recreational Camps (if _, 334—Computer & Electronic Product Manufacturing (not required if fuel tanks are present or if vehicle repairs or maintenance is performed assembly only) on site) _ 335—Electrical Equipment, Appliance & Component Manufacturing (not required if assembly only) 336—Transportation Equipment Manufacturing In Othor;Sarytcos 81—Other Services (except Public Administration) 8111•• --Automotive Repair & Maintenance 337—Furniture & Related Manufacturing (if finishing occurs on site) 8112—Electronic & Precision Equipment Repair & Maintenance (not 339—Miscellaneous Manufacturing (only required if hazardous materi- requlred if assembly only) als are Involved) 8113—Commercfal & Industrial Machinery & Equipment Repair & 2f YVtiolesale Trade Maintenance 42—Wholesale Trade 8122—Death Care Services _ 42311—Automobile &Other Motor Vehicle Merchant Wholesalers (if _ 8123—Laundry & Dry Cleaning Services (if dry cleaning operations service bays present) have ever existed on-site) 42314—Motor Vehicle Paris (Used) Merchant Wholesalers 812921—Photofinishing Laboratories (except one hour) _ 4235—Metal &Mineral Merchant Wholesaler 42393—Recyclable Material Merchant Wholesaler Is. PublicAdminustration 92—Public Administration 4246—Chemical & Allied Products Merchant Wholesaiers 4247—Petroleum & Petroleum Products Merchant Wholesalers 1t` Don It Know or Othiar ( 00—Don't Know or Other 2 . Rota11 Trade _ 44-45—Retail Trade PREVIOUS 2. PROPERTY USE What Choose from the fol. 441—Motor Vehicle and Parts Dealers (if service bays present) werf, your previous property uses? lowing catagoilles. that Orz$T describe the activities that have — 447—Gasoline Stations occurred on this lease site. Check -all activities that apply with in "X" In the spore to the left of each activity. — 45431—Fuel Dealers (not required for propane or firewood dealers) 2a Agrfculturo, Forestry, Fushmg;and Hunting 2h. ,r Transportation and Wa 4housIng:, , 11—Agdculture, Forestry, Fishing and Hunting . _ 48-49—Transporiation and Warehousing 481 —Air Transportation 462—Rail Transportation 26 Mining _ 21—Mining _ 211—Oil & Gas Extraction 486—Pipaline Transportation 2r• information _ 212—Mining (except oil & gas) _ 231—Support Activities For Mining 51—Information 2c. Utilltios °:: 2j :,`.: Finance and lnsuranco ' 22—Utilities 52—Finance and Insurance 2d. ..... Con'struetion 2k " RostatQ Rontal and l oas. 9g: 23—Construction 53 --Real Estate Rental and Leasing 237—Heavy & Civil Engineering Construction 53212—Truck, Utility Trailer, and RV (Recreational Vehicle) Rental & Leasing (if repairs, maintenance or vehicle washing are performed on site) 53241—Construction, Transportation, Mining & Forestry Machinery & 2e. Manufacturing 31 -33 --Manufacturing Equipment Rental & Leasing (If repairs, maintenance or vehicle wash- 311—Food Manufacturing (if underground fuel tanks present) ing are performed on site) _ 312—Beverage &Tobacco Product Manufacturing 53249—Other Commercial & Industrial Machinery & Equipment Rental & Leasing (if repairs, maintenance or vehicle washing are performed 313—Textile Mills not required if sewing, weaving, or hemming only) ( q 9 5 Y) on site) 314—Textile Product Mills (not required if sewing, weaving, or hem- 54—Professional, Scientific, and Technical Services ming only) 54138—Tasting Laboratories (Continued on next page) 21, ManagamontofCompaniosandEtiferprisos r • 55 --Management of Companies and Enterprises 2m. AdminlstraUvo and Support'and WasteNtinagament and Remodla ;. TYPE: D-Dissel; G -Gasoline; F -Fuel Oil; K-Kerosone; P -Propane; O.Othor tion Sorvicus NUMBER OF TANKS: 1,2,3 etc. 56—Administrative and Support and Waste Management and Remedia- tion Services OWNER: T -Tenant; R -Railroad; O.Other; U -Unknown 56171 --Exterminating & Pest Control _ 562—Waste Management & Remediation Services Type Number of Tanks Owner Aboveground Tank Aboveground Tankt,,Wk \O� GR CLrr'JQ:') 2n. Educational SerJicos _ 61—Educational Services Aboveground Tank "' pLcfr4G—NW 2o. Health Care'and Social Assistance } ;: ;. Aboveground Tank 62—Health Care and Social Assistance 6221—General Medical & Surgical Hospitals (if fuel tanks are present) Aboveground Tank Underground Tank Underground Tank 2p. Arts, Entertainment, and Rocroat!on 71—Arts, Entertainment, and Recreation 71391—Goff Courses & Country Clubs Underground Tank 71392—Skiing Facilities Underground Tank 71393—Mannas Underground Tank 2q. Accommodation anti Food`Servrces 72—Accommodation and Food Services 5. Describe OTHER _ 7212—RV (Recreational Vehicles) Parks & Recreational Camps (if fuel tanks are present or if vehicle repairs or maintenance is performed on EXIST: Y -Yes; N•No site) [OWNER: T -Tenant; R -Railroad; O.Other; U -Unknown 2r. Oilter SorGlcits:(ezcept,Public Adminlstratlon) ;; _ 81—Other Services (except Public Administration) 8111—Automotive Repair &Maintenance Exist? Owner, r _ 8112—Electronic & Precision Equipment Repair & Maintenance (not Water Wells required if assembly only) Transformers V 8113--Commerclal & Industrial Machinery & Equipment Repair & Storm Sewer J Maintenance _ U 8122—Death Care Services Sanitary Sewer y Industrial Sewer V 8123—Laundry &Dry Cleaning Services (if dry cleaning operations n have ever existed on-site) have ever Unloading Dock _ 812921—Photofinishing Laboratories (except one hour) Fuel Dispenser Underground Piping Pits & Sumps 2s. Public'Administration 92—Public Administration _ Evaporation Ponds �l 2t Don't Know or Other Warehouse 00—Don't Know or Other Cesspools &Septic Tanks FACILITIESSTRUCTURES AND Storage Silos & Dins 3. Describe • OFFICE,• Hydraulic Equipmentexist on the premises. {� Monitoring Wells V OilfWater Separator U TYPE: B-Bullding; O.Office; W-Warehouso; S -Structure Other (please specify) NUMBER OF BUILDINGS: 1.10; More than 10 OWNER: T -Tenant; R -Railroad; O.Other; U -Unknown Number of Buildings, Type Offices, Etc. Owner Building/Structure 61,t t LCCL ` BulldingfStructure S1 k.10 Building/Structure Build inglStructure BuiidingrStructLire (Condnued on next page] MATERIALS & STORAGE 6. What type of materials are used on the property site? There is a,130 day itaiafdousslofage'area on the pipperty '"; Diesel Pesticides & Herbicides Yes Gasoline Sand & Gravel No Fuel Oil Ready Mix Concrete & Gravel I don't know Kerosene _ Wood Preservatives There is 2 $ateSde gccumu[ation`Qrea on.lfie property. Anhydrous Ammonia —Wood, Lumber timber Yes Acid Impoundments No Chlorine Gas Ponds 1 don't know Coal Hydraulic Oil rmiTraee etaiSgaly onte properly _ Cyanide Gas _ Waste Oil Yes _ Grain _ Office Trash No _ Lime _ Wood Waste I don't know ` Scrap Metal Sanitary Waste Batteries Industrial Wastewater SPILL OR RELEASES? Slag _ Petroleum Contaminated Soil 10, Have there been any spills or releases to Ute property? PCB Paint Yes Solvents Lube Oil No _ Transformers V_ T Drums (e w+5',L ) Unknown Tanks _ Fertilizers other than Anhydrous 1 11, Is the property contaminated? {� Ammonia Yes Other (please specify 1�) �GIC�C—�3�t� Lf P��Y1t4s1 No Unknown ANNUAL VOLUME LBS: 1250; 260; 600; 760; 1000; 1260; 1500; 1760; 2000; X2000 Yes No YeslNo Annual Volume LBS. Dont know Waste Oil Qo 13. a you conduct Environmental Compliance Audits at this facility regu- Office Trash Yes Wood Waste P No Sanitary Waste Don't know 13a. How frequently do you conduct Environmental Compliance Audits at Industrial Wastewater this facility? Batteries Annually Scrap Metal BI -annually }� Petroleum Contaminated Soil _ Other (please specify)... __C_, N� Waste: Grain 14. Do you have Environmental staff (trained environmental professionals) responsible for this facility? Waste: Fertilizer _ Yes Fluorescent Bulbs 0 _ No Waste Paint Don't know r98 Waste: Pesticides & Herbicides Waste Solvent COMMENTS None—Don't Know 15. Do you have any environmental concerns regarding Ilia properly? 8. D. you manage hazardous Yes No I don't know J :. EB i '�•• _ Roq j ' i ti' ` _ �wAYA�E. 1 co I fob. MA LIM A6, -