Agenda - Council - 06/25/2013 - Laserfiche WebLink

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5.) Purchase of Material. Landlord agrees to purchase from Tenant 20,000 tons of the crushed material stockpiled at the Leased Premises at the rate of $4.75 per ton, for a total of $95,000.00. Landlord shall pay said $95,000.00 to Tenant on or before the Termination Date. 6.) Purchase and Transfer Bunker Blocks. (a) Effective as of the Termination Date, Tenant shall transfer to Landlord the bunker blocks currently located along the westerly side of the Leased Premises and the bottom two rows of the bunker blocks located on the easterly side of the Leased Premises, at no cost to Landlord. (b) On the Termination Date, Landlord will purchase from Tenant 125 bunker blocks on the easterly side of the Leased Premises for $30.00 per block, totaling $3,750.00. (c) On the Termination Date, Landlord will purchase from Tenant an additional 80 bunker blocks for $30.00 per block, totaling of $2,400.00. (d) Landlord shall pay Tenant in full for the bunker blocks described above in this Section 6 on or before the Termination Date. 7.) Building and Small Scale. In accordance with Section 7.1(d) of the Lease, Landlord and Tenant acknowledge that the small in -ground scale, a tan scale shack building and the bunker blocks along the north side of the Leased Premises are the property of Landlord. 8.) AS -IS Condition. The stockpiled material and other personal property to be purchased, sold or otherwise transferred to Landlord shall be accepted in "as -is," "with all faults" condition, with no representations or warranties of any kind by Tenant. 9.) Condition of Leased Premises. Landlord acknowledges and agrees that (i) the Leased Premises are in acceptable condition, (ii) except as expressly stated below in this Section 9, Tenant shall not be obligated to make any repair, restoration or modification of the Leased Premises, and (iii) Tenant is in compliance with all applicable terms and provisions of the Lease and Tenant is not in default thereunder. Landlord waives any right to require Tenant to remove any alterations, additions or improvements to the Leased Premises. Without limiting the generality of the foregoing, Tenant shall not be obligated to remove the foundation, ramps, concrete wall or other improvements for the large scale on the Leased Premises; provided, however, Landlord and Tenant may separately agree to arrangements by which Tenant would remove said foundation and related improvements. Tenant shall retain and remove Tenant's machinery, trade fixtures and other personal property, with the exception of the 20,000 tons of stockpiled material and other items expressly stated above in this Agreement to be sold or otherwise conveyed by Tenant to Landlord. Tenant shall be allowed a reasonable period of time after the Termination Date to remove Tenant's property from the Leased Premises, which process may also include crushing certain materials currently on site that have not yet been crushed. Subject to force majeure and other events beyond Tenant's reasonable control, said period shall not extend beyond September 1, 2013. 10.) Relocation Escrow. Nothing in this Agreement shall modify or otherwise affect Landlord's obligation to pay to Tenant the undisbursed amount of the Relocation Escrow, 2.