AUSCRETE Corp - FORM 10-Q - EX-99 - EXHIBIT 99.4

Attached files

file	filename
EX-32 - EXHIBIT 32 - AUSCRETE Corp	exhibit_32-ex32z1.htm
EX-31 - EXHIBIT 31 - AUSCRETE Corp	exhibit_31_ex31z2.htm
10-Q - FORM 10Q - AUSCRETE Corp	asck10q1312018_10q.htm

When recorded, return to:

G. SCOTT BEYER

Menke Jackson Beyer, LLP

807 North 39^th Avenue

Yakima, WA 98902

LEASE

Reference nos. of docts.

assigned or released:

n/a

Grantor:

CITY OF GOLDENDALE, WASHINGTON

Grantees:

AUSCRETE CORPORATION, a Wyoming Corporation

Legal description:

Lot C, G-BL 2014-01 in Brooks Addition, 20-4-16

(Additional legal on page 1-2 of document.)

Assessor’s Parcel No.:04162014010200

THIS LEASE is made and entered into as of the ___ day of _______, 2017, by

and between the CITY OF GOLDENDALE, WASHINGTON, a Washington Municipal

Corporation, (hereinafter callaenddA"ULeSssCRoEr,”TE) CORPORATION, a Wyoming

Corporation, (hereinafter called "Lessee.")

W I T N E S S E T H:

PREMISES LEASED: For and in consideration of the covenants and

agreements hereinafter set forth, Lessor does by these presents lease and let to

Lessee, and Lessee does hereby lease and rent from Lessor the following described

property situated at 741 West Railroad Avenue in Goldendale, Klickitat County,

Washington:

Lot B as shown on the Boundary Line Adjustment No. G-BLA 2014-03 filed on October

9, 2014 in Volume 1 of Boundary Line Adjustments, Page 410, Auditor’s File No.

1110135, and only that portion of the building which is limited to the west 3000 square

feet as shown on Exhibit A, TOGETHER WITH reasonable access to the leased

premises.

LEASE - Page 1 of 7

MENKE JACKSON BEYER, LLP

807 North 39^th Avenue

Yakima, WA 98902

Telephone (509)575-0313

Fax (509)575-0351

TOGETHER WITH all water rights and appurtenances thereunto belonging, if any.

SUBJECT to easement affecting the portion of said premises and for the purposes of

telephone and telegraph lines, and any incidental purposes, recorded January 5, 1943

in Volume 85, page 107-8, Auditor’s File No. 20618.

SUBJECT to easements and matters as shown on the Short Subdivision, recorded

September 6, 1982, under Auditor’s File No. 187888.

SUBJECT to easements and matters as shown on the Boundary Line Adjustment No.

G-BLA 2014-01, recorded March 21, 2014, under Auditor’s File No. 1107463, and

Boundary Line Adjustment No. G-BLA 2014-03, recorded October 9, 2014, under

Auditor’s File No. 1110135.

SUBJECT to any Private Rights or Easements over and across those portions lying

within any vacated or abandoned streets or roads.

SUBJECT to rights reserved federal patents, state and railroad deeds; building and use

restrictions general to the area; zoning regulations; utilities and easements of records;

and rights of way and easements shown on the plat or visible by inspection.

SUBJECT to all easements and rights of way existing or of record over, along or across

said premises if in fact any portion thereof is burdened thereby, and all covenants,

conditions, reservations and restrictions disclosed in the chain of title or existing by

prescription.

TERM: This lease is for a term beginning on the 1^st day of April, 2018 and

ending on the 30^th day of September, 2018.

RENT: Lessee agrees to pay to Lessor as rent for the premises the sum

of $500.00 per month, payable in advance on or before the first day of each and every

month. Rent shall be paid to Lessor at such place as shall be designated by Lessor.

USE OF PREMISES: The premises shall be used by Lessee for storage

and maintenance of equipment related to business and activities of Auscrete

Corporation reasonably related thereto which constitute a similar usage as to wear and

tear and shall not be used for any other purpose without the express written consent

and approval of Lessor. It is understood and agreed that there are no express or

implied warranties as to fitness of said premises for said use.

CONDITION OF PREMISES:

Lessee has inspected the premises, is fully familiar with and knows

their condition, and accepts the same in their present condition without any

representation of Lessor regarding the condition thereof, the improvements thereon, or

their tenantability.

LEASE - Page 2 of 7

MENKE JACKSON BEYER, LLP

807 North 39^th Avenue

Yakima, WA 98902

Telephone (509)575-0313

Fax (509)575-0351

Upon termination of this lease for any reason whatsoever, Lessee

shall surrender to Lessor the buildings, structures, and building improvements upon the

demised premises, together with all alterations and replacements thereof, in good order,

condition, and repair, except for damage by fire or other casualties to the extent that

they are insured against pursuant to paragraph 13 below.

All permanent improvements constructed on the demised premises

shall be considered a part of the real estate and belong to the Lessor upon termination

of this lease.

COMPLIANCE WITH LAWS: Lessee covenants, promises, and agrees to

comply with all charters, laws, ordinances, rules, and regulations, to obtain all

necessary licenses and permits applicable to Lessee's activities and to the premises,

and to pay all fees and charges in connection therewith or by reason of inspections

thereof.

MAINTENANCE AND REPAIRS: Lessee shall keep all presently and

subsequently erected buildings, structures, and improvements upon the demised

premises in good and substantial order and repair at the sole cost and expense of

Lessee, damage by fire or other unavoidable casualties which are covered by the

insurance referred to in paragraph 13 below, only excepted. Lessor shall have the right

to inspect the premises during usual business hours.

ALTERATIONS AND ADDITIONS: Lessee shall not make any additions

or material alterations to or upon the premises without first obtaining the written consent

of Lessor, and any such additions or alterations authorized by Lessor shall be at

Lessee's sole expense. In making any alterations or additions, Lessee shall comply

with all building code provisions, municipal ordinances and regulations, and state laws

which may affect or govern such work. All such additions or alterations shall become

and remain the property of Lessor; provided, however, that upon the termination of this

lease, Lessee shall, at its expense, promptly remove such additions or alterations if so

requested by Lessor.

TRADE FIXTURES AND SIGNS: Lessee may install such equipment,

fixtures, and signs in or upon the premises as Lessee deems desirable for the conduct

of its activities, provided Lessee shall not hang any signs from the roof or walls of the

premises without first obtaining the written consent of Lessor, which consent shall not

be unreasonably withheld. Upon the termination of this lease, Lessee shall, at its

expense, promptly remove all such equipment, fixtures, and signs and restore the

premises to the same condition, reasonable wear and tear by ordinary use excepted, as

the same were in prior to the installation of such equipment, fixtures, and signs;

provided Lessee shall not have the right to remove such property of Lessee if Lessee is

then in default under the terms of this lease. In the event Lessee fails to restore said

premises, Lessee shall reimburse Lessor for the reasonable costs of such restoration

immediately upon demand by Lessor.

LEASE - Page 3 of 7

MENKE JACKSON BEYER, LLP

807 North 39^th Avenue

Yakima, WA 98902

Telephone (509)575-0313

Fax (509)575-0351

10.

LIENS AND WASTE: Lessee shall not cause or permit any liens of any

nature to be placed against the premises except liens placed thereon by Lessor, and

Lessee shall save Lessor harmless from and on account of all liens and all expenses

and indebtedness connected therewith, except those relating to liens placed thereon by

Lessor. Lessee shall not commit or permit any waste or nuisance upon the premises.

11.

TAXES AND ASSESSMENTS: Lessor shall pay all real estate taxes and

assessments levied against the leased premises. Lessee shall pay all other taxes,

assessments, and charges hereafter levied against the leased premises or the lease

during the term of this lease, arising out of the occupancy or use thereof, or arising out

of the conduct of Lessee's activities thereon.

12.

UTILITIES: Lessee shall pay all charges and expenses for electricity, gas,

heat, telephone, water, sewer service, garbage collection service, janitorial service, and

all other services and utilities used in connection with the premises during the term of

this lease, and Lessee shall not permit any thereof to become delinquent. Lessee is

responsible for all such costs for the entire building even though Lessee is only

occupying a portion thereof.

13.

INSURANCE: Lessee shall maintain public liability insurance at all times

during the term of this lease in a manner and form acceptable to Lessor with a limit of at

least $2,000,000 per accident. Lessor shall be endorsed as an additional insured on

the policy(ies) of Lessee, and all premiums therefor shall be paid by Lessee. Lessee

shall furnish proof of such insurance to Lessor, when requested by Lessor. If Lessee

fails to effect or maintain any of such insurance, Lessor may procure the same, and

Lessee agrees to reimburse Lessor on demand for any amount paid by Lessor for such

insurance. Lessor and Lessee may carry, at their own expense, such fire and extended

coverage insurance as each of them deems necessary for their own protection; and

neither party shall have an interest in or claim to such insurance of the other party.

Lessee shall not permit the premises to be used in such a manner as to create a fire

hazard or to cause a change in the insurance rating applicable to the premises. In the

event Lessor's cost for fire and extended coverage insurance for the premises in the

amount of the full replacement cost thereof increases over the cost of such insurance

for the policy year ending in 2017, Lessee agrees to reimburse Lessor immediately

upon demand for any such increase in cost.

14.

DAMAGE WAIVER: Lessor and Lessee do hereby release and discharge

each other from and against all liability for loss or damage caused by any of the perils

covered by insurance policies which are in force and effect at the time of any such loss

or damage, even though such loss or damage may be due to the negligence, act, or

neglect of either Lessor or Lessee or agents or employees of either party. It is

expressly understood and agreed that it is the intention hereof to constitute a waiver

and release of any and all subrogation rights which the insurance companies might

have under such insurance policies.

LEASE - Page 4 of 7

MENKE JACKSON BEYER, LLP

807 North 39^th Avenue

Yakima, WA 98902

Telephone (509)575-0313

Fax (509)575-0351

15.

INDEMNITY: Lessee covenants and agrees to defend, indemnify, and

hold Lessor harmless from and against any and all claims or liability for injury, damage,

or loss, including attorneys’fees and costs, which may arise or to which Lessor may be

subjected during or as a result of Lessee’s occupation or use of the premises or the

conduct of any activities thereon by Lessee or with Lessee's permission or knowledge.

16.

RISK OF LOSS: All property of any kind on the premises shall be at the

risk of Lessee, and Lessor shall not be liable, and Lessee waives all claims for any loss,

damage, or injury either to persons or property sustained by Lessee or any other person

upon or about the premises, or due to the structures or any improvements upon the

premises or the adjoining premises or any part thereof, becoming out of repair or arising

from the overflow of water or the freezing, bursting, or leakage of water, gas, heating or

steam pipes, or due to any act, omission, or neglect of Lessor or Lessee, or any of their

agents or employees, or any other person upon or about the premises, or any other

cause of any nature whatsoever. No eviction from the premises shall be claimed by

Lessee by reason of the happening of any or all of the foregoing. Without limiting the

generality of the foregoing, Lessee shall be solely responsible for theft or other similar

loss of fixtures, equipment, or other property leased herein and any other property of

Lessee.

17.

INGRESS AND EGRESS: Lessor reserves the right of ingress and

egress to and from the leased premises for the purpose of inspecting the same at all

reasonable times and for making such repairs as Lessor is obligated to make under the

terms of this lease.

18.

ASSIGNMENT AND SUBLETTING: Lessee shall not assign this lease or

sublet the premises herein, or any portion thereof, without first obtaining the written

consent of Lessor, nor shall there be any transfer or assignment of this lease from

Lessee by operation of law, either voluntarily or involuntarily or by dissolution,

consolidation, or merger of Lessee. Consent to such assignment or subletting shall not

operate to relieve Lessee of any of its covenants and obligations under this lease or

relieve Lessee or its successor in interest from the necessity of obtaining like consent

for any subsequent assignment or subletting.

19.

RESTORATION OF PREMISES: If said premises, during the term of this

lease or any extension thereof, shall be damaged or destroyed by fire or other casualty,

the Lessor shall restore or rebuild them as speedily as possible and as nearly as

practicable to the condition existing just prior to such damage or destruction, to the

extent that the insurance proceeds of the fire insurance provided in paragraph 13 above

shall be available to the Lessor and be sufficient to restore said improvements. During

the time of such restoration or rebuilding, the rent provided herein shall not cease or

abate.

20.

CONDEMNATION: If the whole or any substantial part of the premises

(substantial being defined as reasonably preventing or unreasonably interfering with the

LEASE - Page 5 of 7

MENKE JACKSON BEYER, LLP

807 North 39^th Avenue

Yakima, WA 98902

Telephone (509)575-0313

Fax (509)575-0351

conduct of Lessee's activities) be taken or condemned by the competent authority, this

Lease shall terminate upon the date when possession of the premises so taken shall be

acquired by such authority, and the rent shall be prorated as of the date of such

termination. If less than a substantial part of the premises be taken or condemned by

any competent authority, the rent shall be abated, proportionately in the same ratio that

the part of the premises taken or condemned bears to the whole premises, from the

date when possession of that part of the premises so taken shall be acquired by such

authority. Lessor shall be entitled to the full amount of any condemnation award for the

leased premises, and Lessee hereby expressly waives any right or claim to any part

thereof as damages or otherwise and any right or claim against Lessor as a result of

such taking or condemnation. Lessee shall have the right to claim and recover from the

condemning authority such compensation as may be separately awarded or

recoverable by Lessee in Lessee's own right on account of any and all damage, cost, or

loss which Lessee might sustain as a result of such condemnation to Lessee's activities,

business, or leasehold improvements.

21.

DEFAULT: Full and prompt performance by Lessee of all terms and

conditions of this lease is hereby made the essence of this lease. If Lessee should be

in default in any of the same and such default shall have continued for ten (10) days in

the case of nonpayment of rent or other sums due from Lessee and for thirty (30) days

in the case of any other default after written notice by Lessor to Lessee setting forth the

particular default claimed, or if Lessee's leasehold estate shall be taken on execution, or

if Lessee shall be declared bankrupt or insolvent according to law, or if Lessee shall

make an assignment for the benefit of creditors, or if a receiver shall be appointed for

Lessee and continue in office thirty (30) days without discharge, then in any such event

this lease shall, at the option of Lessor, be forfeited. In such event, Lessor may lawfully

enter into and upon said premises or any part thereof, repossess the same, and expel

Lessee and those claiming under and through Lessee and remove their effects, forcibly

if necessary, without being deemed guilty of any manner of trespass, but without

prejudice to any remedies which might otherwise be used by Lessor for the collection of

rent or for any breach by Lessee of the covenants herein contained. It is further agreed

that after service of notice as above set forth, an additional condition to avoid forfeiture

shall be payment by Lessee of Lessor’cossts and expenses, including attorneys’fees,

for the preparation and service of such notice. Nothing contained herein shall release

or diminish Lessee's obligation to pay rent for the full term of this lease, except the net

amount of rent Lessor receives from any subsequent tenant during the term hereof. As

an additional and not alternative remedy, optional with Lessor, if Lessee should be in

default hereunder other than a default in the payment of rent, Lessor may cure or

correct the same; and the cost of such action by Lessor shall immediately be due and

payable from Lessee, plus interest on said sum at the rate of twelve percent (12%) per

annum until paid; and nonpayment of said sum by Lessee shall be adequate grounds

for Lessor to invoke the other provisions of this paragraph.

22.

NOTICES: All notices required under this lease to be given by either party

shall be effective as of the date of personal service thereof or the date of mailing by

LEASE - Page 6 of 7

MENKE JACKSON BEYER, LLP

807 North 39^th Avenue

Yakima, WA 98902

Telephone (509)575-0313

Fax (509)575-0351

certified mail, return receipt requested, postage prepaid, and properly addressed to the

other party at the following address or as the same may be changed from time to time

by written notice to the other party:

Lessor:

CITY OF GOLDENDALE

1103 S. Columbus, Goldendale, WA 98620

Lessee:

AUSCRETE CORPORATION

741 West Railroad Avenue, Goldendale, WA 98620

23.

ATTORNEYS' FEES AND COSTS: Lessee shall pay Lessor all costs and

expenses, including reasonable attorneys' fees, incurred by Lessor in the preparation

and service of any notice which Lessor gives to Lessee under the terms of this lease. In

any court suit or action brought by either party concerning this lease, the court shall

award to the prevailing party reasonable attorneys' fees in addition to the costs allowed

by law, and the other party agrees to pay the same.

24.

NONWAIVER: The consent of Lessor to any variation of the terms of this

lease, or the receipt of rent with knowledge of any breach, shall not be deemed to be a

waiver of any breach or covenant of this lease, and no waiver shall be claimed by

Lessee unless it be a written waiver signed by Lessor. Any waiver, express or implied,

by Lessor of any breach by Lessee of any of the covenants of this lease shall not be

construed to be a waiver of any subsequent breach of the same or any other covenant

in this lease or affect or prejudice any of Lessor's rights or remedies hereunder. After

service of notice of default or commencement of suit, Lessor may receive and collect

rent due; and the same shall not affect such notice or suit or any judgment, nor shall it

be deemed a waiver in any sense.

25.

SUCCESSORS:

Subject to the foregoing provisions relating to

assignment and subletting, this lease shall inure to the benefit of and shall be binding

upon the successors and assigns of the respective parties hereto.

26.

ENTIRETY OF AGREEMENT:

No prior stipulation, agreement, or

understanding, verbal or otherwise, of the parties or their agents shall be valid or

enforceable unless embodied in the provisions of this lease. The terms and conditions

of this lease shall not be amended or modified, except in writing signed by both Lessor

and Lessee. Headings used herein are for convenience only, are not a part of this

lease, and are not to be used in construing it. Each party agrees to execute, upon

request of the other, a short form of this lease for purposes of recordation, and to re-

execute this lease at any time upon the request of the other.

LEASE - Page 7 of 7

MENKE JACKSON BEYER, LLP

807 North 39^th Avenue

Yakima, WA 98902

Telephone (509)575-0313

Fax (509)575-0351

AUSCRETE Corp - FORM 10-Q - EX-99 - EXHIBIT 99.4 - May 21, 2018

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