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PZ - Railroad Lease AgreementAUDIT #BVRR5020 BOISE VALLEY RAILROAD, C TRACK Ae r AGREEMENT THIS LEASE. dated as of this 1011' day of April, 2017 between Boise Valley Railroad, LLC., a Delaware Limited Liability Company, having a mailing address at 420 Hansen Street South, Twin Falls, ID 83301 ("Lessor"), and Handy Truck Line, Inc., having a mailing address at P ® Box 300, Paul, ID 133347 ("Lessee"). **This lease supersedes previous Track Lease Audit #185807, dated Jure 5, 1996** For and in consideration of the mutual benefits and obligations set forth in this Lease, the Parties agree to be bound as follows: 1. LEASED PROPERTY. Lessor hereby leases to Lessee the tracks ("Tracks") and the adjacent property ("Property") (sometimes collectively referred to as the "Leased Premises") located in the City of Meridian, County of Ada, and State of Idaho, Boise Cut -Off, Track # 738, Mile Post 457.15, being approximately 400 feet in length, and more particularly described in Exhibit A to this lease. 2. TERM. The term of this Lease ("Lease Term") shall commence at 12:01 a.m. on April 10, 2017 ("Commencement Date") and shall last for a period of one year ending at 11:59 a.m. on the date immediately preceding the anniversary date of the Commencement date ("Termination Date"). The Lease will automatically renew and continue for subsequent, consecutive one-year terms thereafter until terminated by either party with 30 days written notice. 3. RENT. 3.1 Rent for the Leased Premises ("Rent"), shall be Four Thousand Eight Hundred Dollars ($4,800.00) per year, payable annually, in advance, on the Commencement Date and each subsequent anniversary thereof, subject to increases as provided for in Exhibit B. Lessee shall send all payments to Boise Valley Railroad, LLC., Bin #150077, P ® Box 790343, St Louis, MD 63179- 0343 or to such other address as Lessor may indicate by written notice to Lessee in accordance with the terms of this Lease. 3.2 Lessee shall make all payments without prior demand, setoff, or counterclaim. Lessor may apply each payment when received in such order as Lessor may determine, regardless of any rule, law, practice or custom between Lessor and Lessee. No payment shall operate as an accord and satisfaction, notwithstanding any statement or endorsement accompanying such payment. 3.3 If Lessee does not make the payments for a period of thirty (30) days from the day same shall have been due and payable, then Lessee shall pay a service charge at the rate of 1.5% per month (or at the legal maximum in the jurisdiction in which the Premises are located, whichever is less) on the amount of any such unpaid amount. Notwithstanding the foregoing, in the event Lessee HANDY TRUCK TRACK LEASE Page 1 of 15 WATCO/pwatland 04/06/2017 AUDIT #BVRR5020 does not make a payment for a period of sixty (60) days from the day same shall have been due and payable, then Lessee shall give up all rights upon its non-payment and Lessor shall have the right to terminate this Lease immediately. 4. USE. 4.1 Lessee shall use the Leased Premises solely for holding, loading, and unloading rail cars and for no other purpose ("Use"), without the prior written consent of Lessor. 4.2 Neither Party shall allow the Leased Premises to be used by any other person or firm without the prior written consent of the other Party. 4.3 Lessee shall, at its sole cost and expense, promptly comply with all present and future laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any governmental authority or court of competent jurisdiction affecting the Use and condition of the Leased Premises and any equipment placed or used thereon and Lessee's operations and activities on the Leased Premises ("Legal Requirements"). Lessee shall obtain all permits required by any federal, state, municipal or other governmental entity necessary for Industry's Use of the Leased Premises as outlined in this Section. 4.5 Lessee shall not construct or allow to be constructed any vehicular or pedestrian grade crossings over the Tracks without the prior written consent of Lessor. 4.6 Lessee shall not make any changes in the Leased Premises without the prior written consent of Lessor. Changes in the Tracks necessary to comply with the requirements of a public authority due to Lessee's Use of the Leased Premises, shall be made at Lessee's sole expense and with written consent of Lessor. 4.7 Lessee shall not permit any obstruction over the Tracks less than the statutory limit (as presently existing or as amended from time to time) or 23'0" above top of rail, whichever is greater, or alongside thereof less than the statutory limit or 8'6" from center of track, whichever is greater, with the necessary additional clearances on curves, without the prior written approval of Lessor and any public authority having jurisdiction, 5. RESERVED FACILITIES. 5.1 Lessor reserves the right to operate, maintain, repair, replace, augment, or relocate (provided that said relocation does not unreasonably interfere with Lessee's Use of the Leased Premises for the purposes set forth in Section 4) any Reserved Facilities, as defined in Section 5.2, existing within or adjacent to the Leased Premises. This Lease is subject and subordinate to any right which Lessor or any easement holder, lessee, or licensee of Lessor may have in the Reserved Facilities. Lessee shall not interfere with the maintenance or operation of the Reserved Facilities, or the rights of any easement holders, lessees, or licensees with respect thereto. 5.2 "Reserved Facilities" means existing tracks, pipes, conduits, thoroughfares, roads, tunnels, electric communication and signal transmission lines and poles and guys for such lines, and any other facilities of similar nature on, above or below the ground, belonging to any party whomsoever. HANDY TRUCK TRACK LEASE Page 2 of 15 WATCO/pwatland 04/06/2017 AUDIT #BVRR5020 5.3 Lessor reserves the right to use the Leased Premises provided that such use does not unreasonably interfere with the Use thereof by Lessee. 6. TAXES AND ASSESSMENTS. Lessor is responsible for the payment of real estate property taxes. Lessee is responsible for all other taxes and assessments (as presently charged or amended in the future) associated with its Use of the Leased Premises. Lessee shall keep the Leased Premises free and clear of any liens or judgments for unpaid taxes and assessments for which Lessee is responsible. 7. UTILITIES. Lessee, at its sole cost and expense (including fees for permits and similar documents), shall obtain all utility set -vices required or desired by Lessee, including the installation of meters and submeters if none exist. Lessee shall be responsible for all charges for utilities consumed by, and supplied to, Lessee by the provider thereof. To the extent any existing utility services on the Leased Premises are used by Lessee with Lessor's prior, written consent, and are not separately metered or billed to Lessee, Lessee shall pay a reasonable proportion of the cost of the utility services. 8. CONDITI®N OF PREMISES AND MAINTENANCE. 8.1 Lessee has fully inspected and accepts the Leased Premises in "as is" condition. Lessor makes no representations as to the zoning, condition, utility, or fitness of the Premises for any use. Lessor shall perform all general maintenance and repairs necessary to keep the Tracks in good order and in safe condition at Lessee's expense. Any additional repairs or maintenance necessary, as a result of the Lessee's negligence, regulatory non-compliance or contractual breach, will be performed by Lessor at the sole expense of the Lessee. 8.2 Lessee shall keep the Tracks free of all hazardous materials and obstructions. All maintenance of the Tracks shall be to a minimum of Federal Railroad Administration Class II track standards. 9. SIGNS AND IMPROVEMENTS. Lessee shall not place any sign, advertising, or improvements on the Leased Premises without the prior written consent of Lessor. If Lessee fails to remove improvements and other property of Lessee and of any other party following lease termination or expiration, Lessor may elect to retain such improvements or property, or enter the Leased Premises and raze or remove same and Lessee hereby waives any claim or right of action with respect thereto. Lessee shall pay Lessor all of Lessor's costs related to such razing or removal, including without limitation storage and transportation. Lessee shall indemnify, defend and save harmless Lessor from and against any claim or action by any party brought or asserted against Lessor with respect to such retention, razing, or removal. 10. ASSIGNMENT AND SUBLETTING. Lessee shall not assign, license or transfer any portion of Lessee's interest in this Lease or the HANDY TRUCK TRACK LEASE Page 3 of 15 WATCO/pwatland 04/06/2017 AUDIT #BVRR5020 Leased Premises without the prior written consent of Lessor, and any attempt to do so without such consent shall render same null and void. Lessee shall not permit any security interest in any third party to attach to the Leased Premises or any part thereof, or any improvements or any personal property now or hereafter placed or kept thereon, without the prior written consent of Lessor, and any attempt to do so without such consent shall render same null and void. 11. LIABILITY 11.1 EXCEPT i , CAUSED BY THE NEGLIGENT ACTS OR LESSOROMISSIONS OF LESSOR, LESSEE SHALL RELIEVE, INDEMNIFY, AND DEFEND PENALTIES, CLAIMS, JUDGEMENTS, SETTLEMENTS, AND DEMANDS OF EVERY KIND OR NATURE, INCLUDING REASONABLE COUNSEL, INVESTIGATOR AND EXPERT FE ES, ARISING OUT OF ANY FAILURE BY LESSEE TO PERFORM ANY OF R CONDITIONS OF THIS LEAS �f HANDY TRUCK TRACK LEASE Page 4 of 15 WATCO/pwatland 04/06/2017 AUDIT #BVRR5020 12.1 RESPONSIBILITY FOR ENVIRONMEr c DEFINED ll SECTION 12.5) AS BETWEEN THE PARTIES SHALL BE BORNE AS FOLLOWS: (1) LESSOR SHALL BE RE, SPONSIBLE FOR ENVIRONMENT,11L CLAIMS ARISING FROM: (A) ENVIRONMENTAL CONDITIONS EXISTING ON THE LEASED PRE MISES PRIOR TO THE DATE OF THIS LEASE, OR (B) USE OF THE LEASED PREMISES BY LESSOR OR ITS LICENSEES OR CONTRACTORS FROM AND AFTER THE DATE OF THIS LEASE PURSUANT TO SECTION 4 AND SECTION 5 UNLESS SUCH ENVIRONME c. CLAIMSARISE FROM LESSEE'S NE GLIGENCE IN WHICH EVENT LESSEE SHALL ) ); LIABLE AS SET FORTH IN SECTIONS 12.1(11) OR 12.1(111), OR (C) ITS FAILURE, OR THAT OF ITS LICENSEES OR CONTRACTORS, TO COMPLY WITH ITS OBLIGATIONS UNDER THIS LEASE WHEN SUCH FAILURE IS A CONTRIBUTING CAUSE TO SUCH E-iiJVIRONMENTAL C. (11) LESSEE SHALL BE RESPONSIBLE FOR ENVIRONMENTAL CLAIMS ARISING ,, O ,.. ENVIRONMENTAL lF LEASEON THE LEASED PRE MISES FROM AND AFTER THE DATE OF THIS LEASE, OR (B) THE USE OF OR PRESENCE UPON THE LEASED PREMISES OF LESSEE, OR THAT OF ITS CON- TRACTORS, INVITEES OR ANY UNAUTHORIZED THIRD PARTY; OR (C) ITS FAILURE, OR THAT OF ITS LICENSEES OR CONTRACTORS, TO COMPLY WITH ITS OBLIGATIONS UNDER THIS c a CONTRIBUTING EXCEPTTO SUCH ENVIRONME NTAL CLAIMS. WIN 12.2 OTHERWISE PROVIDED IN SECTION PARTY WHICH IS RESPONSIBLE SHALL RELEASE OTHERO RESPONSIBILITY FOR SUCH ENVIRONME NTAL CLAIMS AND SHALL DEFEND, INDEMNIFY, PROTECT AND SAVE HARMLESS THE OTHER PARTY FROM AND AGAINST ENVIRONMENTAL CLAIMS. al �'�.Hl HANDY TRUCK TRACK LEASE Page 5 of 15 WATCO/pwatland 04/06/2017 AUDIT #BVRR5020 13. INSURANCE. 13.1 Lessee shall maintain continuously in effect a policy of comprehensive general liability insurance, including contractual liability covering the liability assumed by Lessee under the provisions ofthis Agreement, including but not limited to the provisions of Sections I I and 12 hereof. Such insurance shall be in limits of not less than $10,000,000.00 combined single limit, bodily injury and property damage liability each occurrence. Lessee shall furnish to Lessor certificates evidencing such insurance in companies and form acceptable to Lessor and providing not less than thirty (30) days notice of cancellation or any material change in coverage. 13.2 (a) If the Leased Premises consist of a building or other similar improvements owned by Lessor, Lessee shall pay the premium for fire and casualty insurance on the leased premises, and Lessee shall not do anything in or about said premises which will cause the cancellation of such insurance. At the request of Lessor, Lessee shall provide Lessor with a copy of Lessee's fire and casualty insurance policy. (b) Lessee shall indemnify, save and keep harmless Lessor from all cost, damages, losses and expenses (including attorney's fees) suffered by Lessor and/or by the properties and improvements owned by Lessor as a result of the negligence of the Lessee, its customers, agents or employees and/or resulting from the failure of Lessee to comply with the terms and provisions of this Lease or with Lessee's duties and obligations as herein provided. (c) Except if damaged by reason of negligence of the Lessor, its agents or employees, or failure of Lessor to comply with the obligations assumed by Lessor herein, Lessee assumes sole risk for all buildings and improvements on the leased premises at all times during the term of this Lease. 13.3 All risk insurance on the property of the Lessee, or in Lessee's care, custody and control shall contain a waiver of subrogation against Lessor. 13.4 If the leased premises consist of a building or other similar improvements owned by Lessor, and the leased premises shall be partly damaged or totally destroyed by fire or any other cause, other than caused by the negligence of the Lessor, its customers, agents or employees and/or resulting from the failure of Lessor to comply with the terms and provisions of this Lease or with Lessor's duties and obligations as herein provided, Lessee shall, at Lessee's expense, immediately restore such damage. The rent accruing during such restoration shall not be abated. HANDY TRUCK TRACK LEASE Page 7 of 15 WATCO/pwatland 04/06/2017 AUDIT #BVRR5020 Subject to Lessee's right to recover from Lessor an amount equal to the depreciated value of the improvements that were placed on the Leased Premises by Lessee with Lessor's consent, if all or any part of the Leased Premises shall be acquired or taken under eminent domain proceedings, or transferred to a public authority in lieu of such proceedings, Lessor may terminate this Lease as of the date when possession is taken. Subject to the above, all damages awarded for such taking shall belong to and be the property of Lessor and Lessee shall have no claim against Lessor by reason of such taking or termination and shall not have any claim or right to any portion of the amount that may be awarded or paid to Lessor as a result of any such taking. In addition to the above, Lessee may make claims against the condemning authority for moving expenses, loss of fixtures, or other matters which do not affect the award otherwise payable to Lessor so long as such claim does not reduce the award otherwise payable to Lessor. 15.1 Should Lessee default in: (1) fulfilling any of the covenants or obligations of this Lease other than the covenants for making payments; or (2) if the Leased Premises become vacant or deserted; or (3) if the Leased Premises are damaged by reason of negligence or carelessness of Lessee, or its agents, then, in any one or more of such events, upon Lessor serving a thirty (30) day notice upon Lessee specifying the nature of said default, and upon the expiration of said thirty (30) days, if Lessee shall have failed to remedy such default, or if the said default or omission complained of shall be of such a nature that the same cannot be completely cured or remedied within said thirty (30) day period and Lessee has not diligently commenced curing such default within such thirty (30) day period and shall not thereafter with reasonable diligence and in good faith proceed to remedy or cure such default, then Lessor may serve a three (3) day notice of termination of this Lease upon Lessee, and upon the expiration of said three (3) days, this Lease and the Lease Term hereunder shall end and expire and Lessee shall then quit and surrender the Leased Premises to Lessor. 15.2 If the notice provided for in Section 15.1 hereof shall have been given, and the term shall have expired as aforesaid; or (i) if Lessee shall default in making a timely payment as herein provided; or (ii) if any execution or attachment shall be issued against Lessee or any of Lessee's property whereupon the Leased Premises shall be taken or occupied or attempted to be taken or occupied by someone other than Lessee; or (iii) if there occurs a Bankruptcy Default as defined in Section 16 hereof; then, and in any of such events, Lessor may, without notice, re-enter the Leased Premises either by force or otherwise, and dispossess Lessee and the legal representatives of Lessee or other occupant of the Leased Premises, by summary proceedings or otherwise, and remove their effects. Lessee hereby waives the set -vice of notice of intention to re-enter or to institute legal proceedings to that end. If Lessee shall default hereunder prior to the date fixed as the commencement of any renewal or extension of this Lease, Lessor may cancel and terminate such renewal or extension agreement by written notice. 15.3 Lessor may, in addition to any other remedies set forth in this Section, suspend rail service in the event Lessee breaches any of the covenants in this Lease, and such suspension may continue until such breach is remedied. HANDY TRUCK TRACK LEASE Page 8 of 15 WATCO/pwatland 04/06/2017 AUDIT #BVRR5020 16. BANKRUPTCY. If, at the date fixed as the Commencement Date or at any time during the Lease Term, there shall be filed by or against Lessee in any court, pursuant to any statute either of the United States or of any state, a petition in bankruptcy, or there shall be commenced a case by or against Lessee under the Bankruptcy Code, or a petition filed in insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's property (all the hereinabove collectively referred to as a "Bankruptcy Default"), Lessor may terminate this Lease in which event neither Lessee nor any person claiming through or under Lessee by virtue of any statute or of an order of any court shall be entitled to possession or to remain in possession of the Leased Premises, and shall immediately surrender the Leased Premises to Lessor. Lessor, in addition to the other rights and remedies Lessor has by virtue of any other provision contained herein or elsewhere in this Lease or by virtue of any statute or rule of law, may retain as liquidated damages any rent, security, deposit, or monies received by it from Lessee or others on behalf of Lessee. 17. DISCONTINUANCE. Lessor shall not be responsible for any loss or damage sustained by Lessee in consequence of any temporary elimination of the Tracks, or set -vice thereover, due to circumstances beyond Lessor's reasonable control. However, the payment of any rent or additional rent will be prorated for the period of time the Tracks are out of service or service has been suspended under this section. 18. NO WAIVE, R. The waiver by Lessor of any breach by Lessee of any term, covenant, obligation or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or a waiver of any other term, covenant, obligation or condition herein contained. The subsequent acceptance by Lessor of any Base Rent or Additional Rent due hereunder or any or all other monetary obligations of Lessee hereunder, whether or not denoted as Base Rent or Additional Rent hereunder, shall not be deemed to be a waiver of any preceding breach by Lessee, of any term, covenant, obligation or condition of this Lease, other than the failure of Lessee to make the particular payment so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent. No covenant, term, obligation or condition of this Lease shall be deemed to have been waived by Lessor, unless such waiver is in a notice to Lessee executed by Lessor. 19. NOTICES. Every notice, approval, consent, or other communication desired or required under this Lease shall be effective only if the same shall be in writing and sent postage prepaid by United States registered or certified mail (or a similar mail service available at the time), directed to the other party at its address set forth below, or such other address as either party may designate by notice given from time to time in accordance with this Section. Lessor: 1-toise Valley Railroad, 420 Hansen St. South Twin Falls, ID 0 HANDY TRUCK TRACK LEASE Page 9 of 15 WATCO/pwatland 04/06/2017 With copy to: I Watco Transportation Services Attn: Real Estate Department 315 W. P St. Pittsburg, ISS 66762 Handy Truck Line, Inc. ib Box 300 Paul, ID 83347 AUDIT #BVRR5020 20. BINDING ON SUCCESSORS. The covenants and agreements herein contained shall inure to the benefit of and be binding upon the successors, heirs, personal representatives, and assigns of the parties hereto, subject, however, to the provisions of Section 10 of this Lease. 21. QUIET ENJOYMENT. Nothing herein contained shall imply or import a covenant on the part of Lessor for quiet enjoyment. 22. ENTIRE AGREEMENT. NT. The entire agreement between Lessor and Lessee is set forth in this Lease and there are no understandings, agreements, or representations of any kind between the parties, verbal or otherwise, other than as set forth in this Lease. No change or modification of any of the covenants, terms or provisions hereof shall be valid unless in writing and signed by the parties hereto. 23. HEADINGS. The heading of each section of this Lease is for convenience only and it shall not affect any construction or interpretation of this Lease. 24. RIGHT TO INSPECT ANIS EXHIBIT. Lessor shall have the right to enter the Leased Premises at reasonable hours in the day or night to examine and inspect the Leased Premises, make such repairs, additions or alterations as it may deem necessary for the safety, preservation or restoration of the Leased Premises and the improvements, if any, located thereon (there being no obligation, however, on the part of Lessor to make any such inspections, repairs, additions or alterations), or to exhibit the Leased Premises to prospective purchasers. 25. MECHANICS'LIEN. In the event any mechanics' lien is filed against the Leased Premises as a result of alterations, additions or improvements made by Lessee, Lessor, at its option, upon thirty (30) days notice to Lessee, may terminate this Lease and may pay said lien, without inquiring into the validity thereof, and Lessee shall forthwith reimburse Lessor the total expense incurred by Lessor in discharging said lien. HANDY TRUCK TRACK LEASE Page 10 of 15 WATCO/pwatland 04/06/2017 AUDIT #BVRR5020 26. RECORDING. Lessee shall not record this Lease without the prior consent of Lessor. 27. JOINT AND SEVE RAL LIABILITY. If two or more individuals, corporations, partnerships or other business associations (or any combination of two or more thereof) shall sign this Lease as Lessee, the liability of each individual, corporation, partnership or other business association to perform all covenants, obligations or conditions hereunder shall be deemed to be joint and several, and all notices, payments and agreements given or made by, with or to any one of such individuals, corporations, partnerships or other business associations shall be deemed to have been given or made by, with or to all of them. In like manner, if Lessee shall be a partnership or other business association, the members which are, by virtue of state or federal law, subject to personal liability, the liability of each such member shall be joint and several. 28. SEVE RABILITY. If any term, covenant, obligation or condition of this Lease or the application thereof to any person or circumstance shall be held invalid or unenforceable to any extent by a final judgment or award which shall not be subject to change by appeal, then the remainder of this Lease or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and each term, covenant and condition of this Lease shall be valid and be enforced to the fullest extent permitted by law. Furthermore, each covenant, agreement, obligation and other provision of this Lease is and shall be deemed and construed as a separate and independent covenant of the party bound by, undertaking or malting the same, and not dependent on any other provision of this Lease unless expressly so provided. 29. BROKERAGE COMMISSION. Any fees or commissions, with respect to the Leased Premises, due to a broker or finder are the sole responsibility of the Party that engaged those services. 30. HOLDING OVER. Should Lessee hold over in possession of the Premises or any portion thereof after the expiration of the Lease Term or sooner termination as provided by this Lease without the execution of a new lease agreement or renewal agreement, Lessee, at the option of Lessor, shall be deemed to be occupying the entire Leased Premises from month to month, subject to such occupancy being terminated by either party upon thirty (30) days notice to the other party, at a monthly rental equal to 200% of Base Rent due for the month immediately preceding the termination of this Lease, and otherwise subject to all the other terms, covenants, obligations and conditions of this Lease insofar as the same may be applicable to a month to month tenancy, including the payment of all Additional Rent as defined in this Lease. The acceptance of rent by Lessor shall not be evidence that Lessor has exercised its option to treat Lessee as a holdover tenant pursuant to the option set forth above. 31. THIRD PARTY BENEFICIARY. Nothing contained in this Lease shall be construed as to confer upon any other party the rights of a third party beneficiary. HANDY TRUCK TRACK LEASE Page 11 of 15 WATCO/pwatland 04/06/2017 AUDIT #BVRR5020 32. APPLICABLE LAW. This Lease and the rights and obligations of the parties hereunder shall be construed in accordance with the laws of the State of Idaho. 33. SURVIVAL. Any covenant, obligation or liability which arose, may have arisen or was incurred by either party hereto prior to the termination of this Lease shall survive the termination of this Lease. 34. TERMINOLOGY. As used in this Lease, the terms "Lessor," "Lessee" and "party" shall include the subsidiaries, affiliates, directors, officers, agents and employees of Lessor and Lessee. 35. EXHIBITS. The provisions typed on this page, and/or the following pages, and any exhibit or addendum to this Lease shall be deemed a part hereof. 36. FORCE MAJE URE. Subject to the terms and conditions of this Lease and specifically excluding the obligation to pay Rent as provided for herein, if an event of force majeure has occurred, the non-performing party shall be excused from further performance or observance of its obligations under this Lease which are so affected for as long as such circumstances prevail and such party continues to use its reasonable efforts to recommence performance or observance as soon as possible and to whatever extent possible without delay. The non-performing party shall immediately notify the party to whom performance is due and describe at a reasonable level of detail the circumstances causing such Event of Default or delay. (Signature page to follow) HANDY TRUCK TRACK LEASE Page 12 of 15 WATCO/pwatland 04/06/2017 AUDIT #BVRR5020 IN WITNESS WHEREOF, the parties have executed this Lease as of the date first set forth above. f, C,'',..f (LESSEE) HANDY TRUCK TRACK LEASE Page 13 of 15 WATCO/pwatland 04/06/2017 EXHIBIT A HANDY TRUCK LINE - TRACK LEASE AUDIT #BVRR5020 TRACK LEASE PREMISES INDICATED BY YELLOW LINE. TRACK #738 APPROXIMATELY 400 FEET. RED DASHED LINE INDICATES RAILROAD RIGHT OF WAY BOUNDARY. BOISE VALLEY RAILROAD, LLC BOISE CUT-OFF - MILEPOST 457.15 MERIDIAN, ADA COUNTY, IDAHO HANDY TRUCK TRACK LEASE Page 14 of 15 WATCO/pwatland 04/06/2017 AUDIT #BVRR5020 �,a EXHIBIT �� At the end of each year, effective on the anniversary date of execution of lease agreement, rent rate of leased premises shall increase by 3% of the amount paid the year previous. HANDY TRUCK TRACK LEASE Page 15 of 15 WATCO/pwatiand 04/06/2017