WCB PROPERTIES LEASE AGREEMENT
FOR
▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
▇▇▇▇▇▇▇▇ hereby leases to Tenant, and Tenant hereby leases from
Landlord, upon and subject to the terms, covenants, provisions, and
conditions of this Lease Agreement (the "5000 ▇▇▇▇▇▇▇ Lease"), the premises
described below in Section 5, and located in the 5000 ▇▇▇▇▇▇▇ Building (the
"5000 ▇▇▇▇▇▇▇ Building") located on the land described in EXHIBIT A attached
to and incorporated in this Lease. On the same date as this 5000 ▇▇▇▇▇▇▇
Lease, Tenant is entering into a lease (the "KW3 Lease") between WCB
Thirty-Two Limited Partnership, a Delaware limited partnership, as lessor,
and Tenant for space in the ▇▇▇▇▇ ▇▇▇▇▇ Three Building (the "KW3 Building")
for occupancy at a later date. This 5000 ▇▇▇▇▇▇▇ Lease shall be upon the same
terms and conditions as the KW3 lease and for that purpose the parties do
hereby incorporate into and make a part of this 5000 ▇▇▇▇▇▇▇ Lease the
provisions of the KW3 Lease except: (i) the Basic Lease Information; (ii)
Sections 4, 5, 30, 32 and 33; and (iii) all exhibits other than Exhibit D,
Rules and Regulations, which is incorporated herein. Each reference in the
KW3 Lease to any of the Basic Lease Information shall mean the respective
information set forth herein. In the event of any conflict between the terms
and conditions set forth below in this 5000 ▇▇▇▇▇▇▇ Lease and the
incorporated provisions from the KW3 Lease, the following terms and
conditions shall control.
1. BUILDING: 5000 ▇▇▇▇▇▇▇ Building
2. LANDLORD: WCB FIFTEEN LIMITED PARTNERSHIP,
a Delaware limited partnership
3. LANDLORD'S ADDRESS FOR GIVING OF NOTICES AND PAYMENT OF RENT:
WCB PROPERTIES
▇▇▇ ▇.▇. ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Attn: ▇▇▇ ▇▇▇▇▇▇▇
4. TENANT: ▇▇▇▇▇ INSURANCE COMPANY,
dba AGRI-COMP INSURANCE COMPANY
▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, #▇▇▇
▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
5. PREMISES: The floor area on the third floor of the Building
consisting of approximately 1,734 rentable square feet as outlined
on the floor plan of the Building attached hereto as Exhibit B.
(Section 1.2; Exhibit B)
6. PARKING ALLOWANCE: None.
7. USE OF PREMISES: Offices for the following type of business:
Insurance Offices.
8. LEASE DOCUMENT ISSUANCE AND REFERENCE DATE: September 19, 1996.
9. INTENTIONALLY DELETED
10. INTENTIONALLY DELETED
11. COMMENCEMENT DATE: September 23, 1996.
12. EXPIRATION DATE: The day prior to the actual Commencement Date
under the KW3 Lease.
13. RENT: Monthly Base Rent Amount: $1,625.00
The months referred to above are the full calendar months after any
first partial month of the Lease Term. The monthly Base Rent rate
for any such partial month shall be the same as the rate specified
for the first full calendar month when Base Rent is payable. Tenant
has deposited One Thousand Six Hundred Twenty-Five and No/100
Dollars ($1,625.00) to be applied against the first month's Rent.
(Section 1.4)
14. TENANT'S PERCENTAGE OF OPERATING EXPENSES: Intentionally Deleted.
15. BASE YEAR FOR ADJUSTMENTS TO OPERATING EXPENSES: Intentionally
Deleted.
Page 1 - WCB PROPERTIES LEASE AGREEMENT
16. INTENTIONALLY DELETED
17. BROKERS: ▇▇▇▇▇▇▇ & Wakefield of Oregon, Inc. and ▇▇▇▇ ▇▇▇▇ Tenant
Counsel, L.L.,C.
LANDLORD TENANT
WCB FIFTEEN LIMITED PARTNERSHIP, ▇▇▇▇▇ INSURANCE COMPANY, dba AGRI-COMP
a Delaware limited partnership INSURANCE COMPANY
By: WCB Fifteen Inc.,
a Delaware corporation,
the General Partner
By: /s/ ▇▇▇ ▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
------------------------- ----------------------------
▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Vice President Vice President
Date: Oct. 16, 1996 Date: 10/11/96
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Page 2 - WCB PROPERTIES LEASE AGREEMENT
EXHIBIT A
LEGAL DESCRIPTION
5000 ▇▇▇▇▇▇▇
A Parcel of land situated in the Northeast 1/4 of Section 7, Township 2
South, Range 1 East of the Willamette Meridian, in the County of Clackamas
and State of Oregon, being more particularly described as follows:
Beginning at a 1-1/4-inch iron pipe (found) at the angle point in the East
line of Lot 6 of the duly recorded plat of "▇▇▇▇▇▇ ▇▇▇▇▇▇▇"; thence
along the East line of said Lot 6 and its Northerly prolongation
therefrom, N. 00 degrees 14' 52" E., distance of 392.92 feet to a point on
the Southerly right-of-way line of ▇▇▇▇▇▇▇ Road, presently a 60.00 foot
right-of-way; thence along said Southerly right-of-way line along the arc of
a 530.00 foot radius curve concave North through a central angle of 36
degrees 41' 19" (chord bears N. 89 degrees 36' 55" E., a distance of 333.61
feet), a distance of 339.38 feet to a point of tangency; thence continuing
along said Southerly right-of-way line N. 71 degrees 16' 16" E., a distance
of 155.01 feet; thence leaving said Southerly right-of-way line S. 00 degrees
05' 56" E., a distance of 417.39 feet to a point of intersection with the
Northerly right-of-way line of ▇▇▇▇▇▇ Drive; thence along said Northerly
right-of-way line along the arc of a 745.81 foot radius curve concave South
through a central angle of 02 degrees 31' 26" (chord bears S. 89 degrees 03'
01" W., a distance of 32.85 feet), continuing along said Northerly
right-of-way line S. 87 degrees 47' 49" W., a distance of 197.91 feet
to a point of curvature; thence continuing along said Northerly right-of-way
line along the arc of a 550.90 foot radius curve concave to the South through
a central angle of 14 degrees 59' 04" (chord bears S. 80 degrees 18'
21" W., a distance of 143.66 feet), a distance of 144.07 feet to a point of
intersection with the Northerly line of "▇▇▇▇▇▇ ACRES PLAT 4"; thence along
said Northerly line, N. 87 degrees 30' 33" W., a distance of 110.71 feet to
the point of beginning.
Containing: 4.1528 acres, more or less.
EXHIBIT B
[LOGO] 5000 ▇▇▇▇▇▇▇
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THIRD FLOOR
[FLOOR PLAN]
[LETTERHEAD]
FIRST AMENDMENT OF
▇▇▇▇▇ ▇▇▇▇▇ LEASE AGREEMENT
This Amendment is entered into between WCB THIRTY-TWO LIMITED PARTNERSHIP, a
Delaware limited partnership doing business in Oregon as WCB THIRTY-TWO
LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP OF DELAWARE (the "Landlord"), and
▇▇▇▇▇ INSURANCE COMPANY, dba AGRI-COMP INSURANCE COMPANY (the "Tenant"), a
California corporation.
RECITALS
A. Landlord and Tenant entered into a WCB Properties Lease Agreement
dated September 19, 1996 (the "Lease") for certain office space on the first
floor of the ▇▇▇▇▇ ▇▇▇▇▇ Three Building located as more particularly
described in the Lease (the "Premises").
B. Landlord and Tenant wish to relocate the Premises to the fourth
floor of the Building, to more particularly specify the amount of rentable
square feet in the Premises, and to otherwise amend the Lease as set forth
below. Unless otherwise indicated, all terms used in this First Amendment
shall have the meanings attributed to them in the Lease. References herein to
the Lease also include this First Amendment where the context requires.
AGREEMENT
IN CONSIDERATION of the premises and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties agree to amend items 3, 5, 6, 11, 13 and 14 of the Basic Lease
Information portion of the Lease and Sections 32 and 33 of the main body of
the Lease as follows:
3. LANDLORD'S ADDRESS FOR GIVING OF NOTICES AND PAYMENT OF RENT.
WCB Thirty-Two Limited Partnership
c/o Transwestern Property Company
▇▇▇▇ ▇.▇. ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇
▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
With a Copy of All Notices to:
WCB Properties
▇▇▇ ▇.▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Attn: ▇▇▇ ▇▇▇▇▇▇▇
5. PREMISES. The Premises shall consist of approximately 4,570
rentable square feet located on the fourth floor of the building, as more
particularly described in the floor plan attached hereto as "Exhibit A"
incorporated herein by this reference.
6. PARKING ALLOWANCE. Sixteen (16) spaces in the Building parking
garage.
Page 1 - First Amendment of Lease
11. COMMENCEMENT DATE. July 1, 1997 or such earlier or later date as
provided in Section 30 of the Lease Agreement.
13. BASE RENT.
Months Monthly Base Rent
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1-60 $8759.17
The months referred to above are the full calendar months after any first
partial month of the Lease Term. The monthly Base Rent rate for any such
partial month shall be the same as the rate specified for the first full
calendar month when Base Rent is payable. Tenant shall deposit Eight Thousand
Seven Hundred Fifty-nine and 17/100ths Dollars ($8,759.17) to be applied
against the first month's Rent.
14. TENANT'S PERCENTAGE OF OPERATING EXPENSES. 5.15% based on a total
Building rentable area of 88,678 square feet.
SECTION 32. FIRST RIGHT OF REFUSAL. Deleted.
SECTION 33. RIGHT TO LEASE ADDITIONAL SPACE. Deleted.
Except as otherwise stated herein, the terms of the Lease shall remain
in effect. No other modification to the Lease is made or intended to be made
hereby. As amended herein, the Lease is hereby confirmed and reaffirmed by
Landlord and Tenant, and it shall remain in full force and effect except as
modified in this document. In the event of any conflict between the Lease and
this Amendment, the terms and conditions of this Amendment shall control. To
the extent that this Amendment may have been executed following any effective
dates set forth in the Lease, said effective dates are hereby ratified,
confirmed and approved. This Amendment contains the entire agreement of
Landlord and Tenant with respect to the subject matter hereof, and may not be
amended or modified except by an instrument executed in writing by Landlord
and Tenant.
IN WITNESS WHEREOF, the parties have executed this First Amendment of
▇▇▇▇▇ ▇▇▇▇▇ Lease Agreement as of the date and year indicated below.
Landlord: Tenant:
WCB THIRTY-TWO LIMITED ▇▇▇▇▇ INSURANCE COMPANY, dba
PARTNERSHIP, a Delaware limited AGRI-COMP INSURANCE COMPANY
partnership doing business in Oregon as a California corporation
WCB THIRTY-TWO LIMITED PARTNERSHIP,
A LIMITED PARTNERSHIP OF DELAWARE
by its general partner
WCB Thirty-Two, Inc.,
a Delaware corporation
By: By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
--------------------- ---------------------
Name: Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
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Title: Title: Sr. Vice President
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Date: Date: 4/29/97
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Page 2 - First Amendment of Lease
[FLOOR PLAN]