Back to top

GROUND LEASE AGREEMENT

Ground Lease Agreement

GROUND LEASE AGREEMENT | Document Parties: ROUSE FAMILY TRUST | INLAND NORTHWEST BANK You are currently viewing:
This Ground Lease Agreement involves

ROUSE FAMILY TRUST | INLAND NORTHWEST BANK

. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here.
Title: GROUND LEASE AGREEMENT
Governing Law: Washington     Date: 3/24/2005

GROUND LEASE AGREEMENT, Parties: rouse family trust , inland northwest bank
50 of the Top 250 law firms use our Products every day

Exhibit 10.1.10

 

GROUND LEASE AGREEMENT

 

(With Purchase Option)

 

THIS GROUND LEASE AGREEMENT (this “Lease”) is made and entered into effective February 1, 2005, by and between STEPHEN E. ROUSE and DARLENE R. ROUSE, as Trustees of the ROUSE FAMILY TRUST (“Lessor”), and INLAND NORTHWEST BANK, a Washington State-chartered financial institution (“Lessee”).

 

Lessor, for and in consideration of the rents herein reserved and the terms, covenants and conditions herein expressed on the part of Lessee, hereby leases to Lessee, and Lessee, for and in consideration of the terms, covenants and conditions herein expressed on the part of Lessor, hereby leases from Lessor, the unimproved real property located at 101 and 107 E. Ermina in Spokane, Washington, consisting of approximately 28,400 gross square feet, together with all easements, privileges, access rights and appurtenances thereto (the “Property”), legally described as:

 

 

 

 

 

 

 

 

LOTS 7, 8, 9 AND 10, BLOCK 33, HEATH’S THIRD ADDITION, ACCORDING TO PLAT RECORDED IN VOLUME “A” OF PLATS, PAGE 66, IN THE CITY OF SPOKANE, SPOKANE COUNTY, WASHINGTON.

 

 

 

1. TERM. Lessor leases the Property, unto Lessee beginning February 1, 2005 (the “Commencement Date”) and, unless Lessee elects Early Termination, continuing for a period of fifteen (15) years beyond the Full Rent Date, as further described herein (the “Term”). So long as Lessee is not in default under this Lease, Lessee shall have the option to re-lease the Property for five (5) additional five (5) year periods, if Lessee provides written notice(s) of election to Lessor of such option(s) on or before one hundred eighty (180) days prior to the expiration of the then current Term. The “Term” shall include any additional period of time associated with the option(s), if elected.

 

2. EARLY TERMINATION. Lessee shall have the period from the Commencement Date to May 1, 2005 during which to conduct Lessee’s due diligence. If Lessee determines, for any reason, during the due diligence period that Lessee wishes to terminate this Lease, Lessee shall provide Lessor written notice thereof on or before May 1, 2005. The exercise of such option shall be considered “Early Termination.”

 

3. LESSEE IMPROVEMENTS. Lessor is leasing to Lessee an unimproved piece of real property. Lessee is solely responsible for planning, permitting and constructing improvements thereon. Prior to the commencement of construction of any building, Lessee shall submit all exterior plans, material specifications and elevations showing the general placement of buildings, initially and ultimately, with setback from all lot lines, location and dimensions of parking areas, driveways and service areas, to Lessor for its approval from an appearance standpoint only. Lessor’s approval shall not be unreasonably withheld. Lessor shall have twenty (20) days after receipt of Lessee’s plans and specifications to give Lessee written notice of, and the reason for, disapproval. Failing such notice, Lessee’s plans and specifications shall be considered approved. All such alterations, additions and improvements constructed by Lessee during the Term, shall be and remain the property of Lessee, during the Term.

 

GROUND LEASE AGREEMENT - 1


Upon the expiration or earlier termination of this Lease, the improvements constructed on the Property shall become the property of Lessor without compensation to Lessee. Lessee shall not have any obligation to remove the improvements or foundation or to restore the Property to its condition as of the Commencement Date of this Lease.

 

4. QUIET POSSESSION. Lessor represents and warrants that Lessor is the owner of the Property and has full right to lease the Property to Lessee in accordance with the terms of this Lease. So long as Lessee is not in default under this Lease, Lessee shall have quiet possession of the Property, subject to the terms and provisions hereof.

 

5. RENT.

 

5.1 Due Diligence and Construction Period Rent . Lessee covenants and agrees to pay Lessor, as rent for the Property, the sum of $1,000.00 per month, beginning on the Commencement Date and continuing on the first day of the month, every month thereafter during the due diligence and construction phases of the Term (subject to Early Termination). The rent due and paid by Lessee during the due diligence and construction periods will be reimbursed to Lessee in $1,000 monthly reductions in the Full Rent due beginning on the Full Rent Date, if Lessee does not elect Early Termination.

 

5.2 Full Rent . Lessee covenants and agrees to pay Lessor, as rent for the Property, the sum of $4,000.00 per month, beginning on the earlier of the first day of the month following completion of construction or October 1, 2005 (the “Full Rent Date”) and continuing on the first day of every month thereafter for five (5) years. Thereafter, Lessee shall pay Lessor rent on the first day of every month, for the next five (5) year period of the Term, that is twelve and one half percent (12 1/2%) greater than the full rent due during the previous five (5) year period, as indicated in the following schedule:

 

 

 

 

Full Rent Months:


 

 

Monthly Rent:


 

    1 – 60  

 

$4,000.00

  61 – 120

 

$4,500.00

121 – 180

 

$5,062.50

181 – 240

 

$5,695.31

241 – 300

 

$6,407.23

301 – 360

 

$7,208.13

361 – 420

 

$8,109.15

421 – 480

 

$9,122.79

 

5.3 Late Charge If a monthly rent payment is not paid within ten (10) days of its due date (“Delinquent Rent”), Lessee shall pay a late charge of $250.00, payable with the Delinquent Rent, for each such delinquent payment.

 

5.4 Additional Rent. All charges, costs and expenses payable by Lessee under this Lease, and all damages, costs and expenses, which Lessor may incur by reason of any default or

 

GROUND LEASE AGREEMENT - 2


failure of Lessee to comply with the terms of this Lease, shall be deemed “Additional Rent,” and in the event of nonpayment by Lessee, Lessor shall have all rights and remedies with respect thereto as Lessor may have for nonpayment of the base rent. Interest shall accrue upon Delinquent Rent and or any Additional Rent, at the rate of eighteen percent (18%) per annum, from its due date until paid.

 

6. MAINTENANCE AND REPAIRS. The Property is accepted by Lessee in its present condition “as is” and Lessee will at all times, during the Term, keep the Property neat and clean, and except for reasonable wear and tear and acts of God, will at all times preserve said Property in as good a condition as it now is or may hereafter be put to. All maintenance and repairs of the Property shall be at Lessee’s sole cost and expense, including, but not limited to rectifying potentially hazardous conditions that may occur on the Property.

 

7. UTILITIES. Lessee shall be responsible for paying the cost of all utility expenses at the Property, including electricity, gas, water, sewer and garbage charged or assessed against the Property, during the Term

 

8. USE OF PROPERTY. It is understood and agreed that the Property shall be used for Lessee’s banking business and related activities.

 

9. FIRE / CASUALTY. Lessee shall, in case of fire or other casualty, give immediate notice thereof to Lessor. If the Property, as improved, shall be damaged by fire or other casualty, Lessee shall secure the Property for the public safety. Lessee shall apply the proceeds of any fire or other property insurance to repair or rebuild the improvements so as to make the improvements at least equal in value to the improvements existing immediately prior to the occurrence and as nearly similar in character as is practicable and reasonable, subject to any applicable building regulations. Lessee shall prosecute the repairs or rebuilding to completion with diligence; subject, however, to strikes, lockouts, acts of God, embargoes, governmental restrictions, and other causes beyond Lessee’s reasonable control. Lessee shall be responsible for any deficiency between the amount of the insurance proceeds and the cost to restore the premises.

 

10. ENVIRONMENTAL MATTERS.

 

10.1 Lessor’s Warranties . Lessor represents and warrants to Lessee that: (1) Lessor has not received written notice and has no knowledge that there has been a release to the Property (including the land, surface water, ground water and any improvements) of any Hazardous Materials, any asbestos-containing insulation or any underground storage tanks in violation of law. “Hazardous Materials” means any: (i) hazardous waste as defined in the federal Resource Conservation and Recovery Act of 1976, as amended, and applicable regulations; (ii) hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, and applicable regulations; (iii) petroleum or liquid petroleum products or wastes, or (iv) other toxic or hazardous substance which may be regulated from time to time by federal, state or local environmental laws; and (2) Neither Lessor nor, to its knowledge, any of its agents, attorneys or representatives, have received written notice from any governmental agency of any investigation or potential liability relating to the release or threatened release of Hazardous Materials at, on or from the Property.

 

GROUND LEASE AGREEMENT - 3


10.2 No Further Warranty . Lessor makes no other covenant, representation or warranty as to the physical or environmental condition of the Property. Lessee acknowledges receipt and review of title reports and a Phase I Environmental Site Assessment dated April 25, 2003, prepared by TechCon, Inc., 915 West 2 nd Avenue, Spokane, Washington 99201, with respect to the Property.

 

10.3 Environmental Assessment . Lessee shall have the right to have access to the Property to enable an independent environmental consultant chosen by Lessee and approved in advance by Lessor, which approval shall not be unreasonably withheld or delayed, to inspect, audit and test the Property for the existence of environmental conditions and violations of environmental laws (the “Environmental Assessment”). The scope, sequence and timing of the Environmental Assessment shall be at the sole discretion of the Lessee; but no invasive or destructive testing shall be permitted except with Lessor’s prior written consent determined in Lessor’s absolute discretion. If Lessee elects Early Termination, Lessee shall repair any damage to the Property.

 

10.4 Lessee Indemnity for Environmental Assessment . Lessee shall defend, indemnify and hold Lessor harmless against any loss, damage, claim or liability arising out of or in connection with any acts or omissions of Lessee, Lessee’s envi


 
SITE SEARCH

AGREEMENTS / CONTRACTS

Document Title:

Entire Document: (optional)

Governing Law:(optional)


Try our advanced search >>
 

CLAUSES

Search Contract Clauses >>

Browse Contract Clause Library>>

Get Email Updates
Email:
This is only a partial view of this document. We have millions of legal documents and clauses drafted by top law firms. learn more search for free browse for free learn more