GROUND LEASE <br /> BETWEEN: City of Eugene, Oregon (Agency) <br /> AND: Wildish Construction Company (Wildish) <br /> EFFECTIVE <br /> DATE: August 3, 2007 <br /> RECITALS: <br /> A. Agency is the owner of real property located within the City of Eugene, Oregon, <br /> shown as Tax lot #1703322200704 on the attached Exhibit A ("Property"). <br /> B. Agency agrees to lease the Property, excluding: the fenced area located on the <br /> southwest corner containing the historic building; <br /> C. Agency has agreed to lease the Property to Wildish Construction Co. under certain <br /> terms and conditions. <br /> D. Wildish acknowledges that its use of the Property must comply with all local code <br /> provisions, rules, and regulations. <br /> E. The following exhibits are attached hereto and incorporated herein: <br /> Exhibit A -Map of Property <br /> AGREEMENT: <br /> Now, therefore, in consideration of the covenants, conditions, and obligations on <br /> the part of each party to be kept and performed, it is hereby agreed as follows: <br /> 1. Lease of Property. Agency, in consideration of the rent to be paid by Wildish, and <br /> in consideration of the covenants, terms and conditions to be performed by the <br /> parties, does hereby lease the Property to Wildish. <br /> 2. Purpose. This Lease is made for the purpose of providing an area for all staging, <br /> storage and related construction activity for the duration of the project for Wildish <br /> during construction of the Courthouse District Transportation Improvements, Phase 2 <br /> Project. <br /> <br /> 3. Use of Premises. Wildish may use the Property for such purposes as outlined in <br /> paragraph 2 above, and may not change the purpose of which the Property is used, <br /> without the prior written consent of Agency, which consent shall be within the <br /> Agency's absolute and sole discretion. <br /> 1 of 6 <br /> <br />