Term Sheet For Commercial Lease Page 4

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If at any time as a result of partial assignment(s) the
original ground lease does not contain any Wash Acres,
the Net Base Rent Schedule shall apply to all remaining
acres in the original ground lease. Furthermore, f at any
time the acreage of a Wash remaining in the original
ground lease are reduced, the acreage eliminated from
the Wash shall be treated as Net Acres subject to the Net
Base Rent Schedule.
Bonus Rent:
Tenant will pay “Bonus Rent” at a percentage to be
determined by SLD after further review.
% of the amount by which the Assessor’s value of the
improvements exceeds the natural breakpoint. The
natural breakpoint is calculated by dividing the current
annual base rent by ____%.
No Bonus Rent will be due in the first 10 lease years.
Pre-Paid Rent:
Pre-paid rent will be calculated pursuant to a TBD
formula.
Joint Development
Prepare for SLD’s review and approval for insertion
Agreement:
into the auction package.
A joint agreement to address the development of shared
infrastructure. Interest will accrue on the unpaid
balance at an annual rate of ___%, for a period of not
more than __ years. Thereafter, the interest will be
capped at the amount already accrued. The joint
development agreement will be an encumbrance on the
lease or sale instrument, not on SLD’s fee interest in the
land. The repayment obligation will pass to the
succeeding purchaser or lessee tapping into the
infrastructure.
Financial assurances for the infrastructure (e.g. escrow
funds or letters of credit) will be posted within ___ days
after the first party gives notice of its intent to
commence with the infrastructure.
404 Permit / 404
SLD will give right to Lessee to negotiate with ACOE
Wash Dedication
to delete or reduce the washes.
Concurrently with the development of improvements
adjacent to a 404 wash, and in accordance with ACOE
requirements, the developing party will also install the
required improvements for the full width and length of
the wash.
SLD will reserve the right to require security for the
completion of the required improvements.
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