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EXHIBIT 10.5
THREE PARTY LEASE AGREEMENT
This THREE PARTY LEASE AGREEMENT made this 18th day of April, 1997, among
GETTY REALTY CORP., a Delaware corporation and successor by name change to Getty
Petroleum Corp., having a principal place of business at 000 Xxxxxxx Xxxxxxxx,
Xxxxxxx, Xxx Xxxx 00000 ("Realty" or "Lessee"), LEEMILT'S PETROLEUM, INC. a New
York corporation having a principal place of business at 000 Xxxxxxx Xxxxxxxx,
Xxxxxxx, Xxx Xxxx 00000 ("Leemilt's" or "Lessor") and FLEET NATIONAL BANK, a
national banking association having a principal place of business at Xxx Xxxxxxx
Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000 (the "Bank" or "Fee Mortgagee").
WITNESSETH:
WHEREAS, it is an express condition precedent to the Bank's and Borrower's
agreement to enter into that certain First Amendment to Amended and Restated
Loan Agreement of even date herewith (the "First Amendment", together with the
Amended and Restated Loan Agreement between the Bank and Leemilt's dated as of
October 27, 1995, as such may be further amended, the "Loan Agreement") that
Realty and Leemilt's shall agree to abide by the following provisions in the
performance of its duties and obligations as Lessee and Lessor, respectively,
under that certain Lease Agreement with respect to the Stations dated as of
February 1, 1985 (the "Lease") notwithstanding anything under the Lease to the
contrary;
WHEREAS, in order to induce the Bank to enter into the First Amendment,
Realty and the Borrower have agreed to enter into this Agreement;
NOW, THEREFORE, in consideration of these premises, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Realty and Leemilt's agree with the Bank as follows:
1. The General Covenants and Conditions of Lease (the "Lease Rider")
attached hereto as Schedule A shall be incorporated by reference herein into the
Lease and shall become and is a part of the Lease. In the event of any
inconsistency or conflict between the Lease and the Lease Rider, the terms and
conditions of the Lease Rider shall govern.
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2. The Lease is hereby amended as follows:
2.1. All references in the Lease to "Premises" shall be deemed to
be references to "Demised Premises".
2.2. All references in the Lease to "Landlord" shall be deemed to
be references to "Lessor".
2.3. All references in the Lease to "Tenant" shall be deemed to be
references to "Lessee".
2.4. Paragraph 2 of the Lease is hereby deleted in its entirety and
the following is substituted in place thereof: "The term of
the Lease is set forth in Section 1.03 of the Lease Rider."
2.5. Paragraph 3 of the Lease is hereby amended by adding the
following sentence at the end of such paragraph:
"The fixed annual rent payable during the Demised Term in
monthly installments on the first day of each month for each
of the Demised Premises is set forth on Schedule B attached
hereto and made a part hereof."
2.6. The second and third paragraphs of Paragraph 6 of the Lease
are hereby deleted in their entirety.
2.7. Paragraph 8 of the Lease is hereby deleted in its entirety.
2.8. In Paragraph 9 of the Lease, the word "Landlord" is deleted
and the word "Lessee" is substituted in place thereof.
2.9. Paragraphs 10, 12, 13 and 14 of the Lease are hereby deleted
in their entirety.
3. All capitalized terms not defined herein shall have the meanings
ascribed to them in the Lease Rider. All section references herein shall refer
to the Lease Rider unless the context clearly indicates to the contrary.
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4. All installments of rent shall be paid when due notwithstanding the ten
day grace period provided for in Section 2.04 of the Lease Rider.
5. Lessee shall provide notice of contests of taxes or payments to the
Lessor at the same time that Lessor is required to furnish such information
pursuant to the Fee Mortgage. Lessee agrees that any bond which it is required
to furnish to the Lessor as security for the contest of taxes or charges shall
be satisfactory to the Fee Mortgagee as well as to the Lessor.
6. Lessee agrees and understands that the Fee Mortgagee shall not be
subject to any liability for the payment of any costs or expenses in connection
with proceedings brought by the Lessee to contest any Tax and Lessee shall
indemnify and save harmless the Fee Mortgagee from any such costs or expenses.
7. Lessee shall, throughout the Demised Term, and at no expense whatsoever
to Lessor, promptly comply or cause compliance, with (i) all terms of any
insurance policies covering or applicable to the Demised Premises or any part or
parts thereof, all requirements of the issuer of any such policies, and all
orders, rules, regulations and other requirements of the National Board of Fire
Underwriters (or any other body exercising similar functions) applicable to the
Demised Premises or any part or parts thereof, whether or not such compliance
with any of the foregoing involves repairs or changes that are interior or
exterior, structural, foreseen or unforeseen, ordinary or extraordinary, whether
or not such compliance is required on account of any particular use to which the
Demised Premises, or any part or parts thereof, may be put, and whether or not
any such statute, law, ordinance, requirement, regulation or order be of a kind
now within the contemplation of the parties hereto, and (ii) all provisions of
applicable hazardous waste laws. Lessee shall provide the Lessor and Fee
Mortgagee notice, concurrently with any written notice given to governmental
authorities, of any release of oil or hazardous materials or substances on, upon
or into the Demised Premises which would have a material adverse effect on the
Stations as a whole and to promptly undertake and diligently pursue to
completion appropriate containment and clean-up action in the event of any such
release.
8. Lessee shall have the right to contest given in Section 4.03 of the
Lease Rider provided that non-compliance with any contested law, ordinance,
order, rule, regulation, or requirement shall not constitute a crime or an
offense punishable by fine or imprisonment or risk the imposition of a penalty
against Lessor or any Fee Mortgagee or (during
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the period of contest as therein provided) result in a lien against the Demised
Premises or affect the use of the Demised Premises.
9. Lessee agrees that any counsel retained for actions described in
Section 6.01 of the Lease Rider shall be satisfactory to the Fee Mortgagee as
well as the Lessor.
10. Lessee agrees to abstain from and shall not permit the commission of
waste in or about the Demised Premises, and shall not remove or demolish any
portion of the Demised Premises, or alter the Demised Premises without the prior
written consent of the Lessor and any Fee Mortgagee, if required by the terms of
any Fee Mortgage, provided however, that Lessee shall have the right, at any
time and from time to time to make alterations and additions which (i) shall not
change the character (the addition of car washing facilities or convenience,
food, or specialty stores is expressly allowed) of the Demised Premises if such
changes reduce the fair market value thereof below such value immediately before
the alteration or addition, or impair the usefulness of the Demised Premises,
(ii) are effected in a good and workmanlike manner utilizing new or
reconditioned materials of like quality and grade as those utilized in the
original construction of the Demised Premises, in compliance with all Legal
Requirements and Insurance Requirements, and (iii) are consistent with the
present business of Realty, provided, however, that those Stations reasonably
determined by Realty to be uneconomical for the sale of gasoline may be
subleased to third parties for lawful purposes on terms and conditions typical
in such arm's length subleases. Lessee shall also have the right to remove and
dispose of fixtures or personal property which are included in the definition of
the Demised Premises if said fixtures or personal property have become obsolete
or unfit for use or which are no longer useful in the operation of the building
now or hereafter constituting a portion of the Demised Premises. Lessee agrees
promptly to replace same with other fixtures or personal property, free of
superior title liens or claims, not necessarily of the same character but of at
least equal usefulness and quality, as such fixtures or personal property so
removed or disposed of; except that, if by reason of technological or other
developments in the operation and maintenance of buildings of the general
character of the building constituting a portion of Demised Premises no
replacement of the fixtures or personal property so removed or disposed of is
necessary or desirable in the proper operation or maintenance of said building,
then Lessee shall not be required to replace same. Lessee shall not permit the
Demised Premises to become abandoned, and shall not use the Demised Premises for
any purpose other than those purposes allowed by this Agreement, without the
prior consent of the Lessor and any Fee Mortgagee.
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11. Lessee shall permit the Fee Mortgagee and its authorized
representatives to enter the Demised Premises at all reasonable times during
usual business hours for the purpose of inspecting the same.
12. Lessee agrees to maintain insurance as set forth in Article Ten of the
Lease Rider such that the policies, types and amounts of coverage as well as all
other parameters of the insurance coverage are in such form as Fee Mortgagee may
reasonably require. All such policies maintained by Lessee shall include any Fee
Mortgagee as an insured as its interest may appear and shall be in amounts
sufficient to prevent any Fee Mortgagee from becoming a co-insurer within the
terms of the policies.
13. Lessee agrees that losses covered by the insurance provided for in
clauses (i) through (iii) of paragraph (a) of Section 10.01 of the Lease Rider
shall be adjusted at the cost of Lessee if the loss exceeds 20% of the Initial
Appraised Value (as defined in the Loan Agreement). In the case of a loss,
insurance proceeds shall be paid directly to the Fee Mortgagee to be applied as
provided in the Fee Mortgage.
14. Except as otherwise permitted by the Loan Agreement, Lessee and Lessor
shall not terminate any Lease pursuant to Section 10.03(b) of the Lease Rider
unless the Fee Mortgagee consents in writing.
15. Lessee agrees to give prompt notice to the Fee Mortgagee with respect
to all fires or other perils occurring upon the Demised Premises which result in
a loss which exceeds 20% of the Initial Appraised Value (as defined in the Loan
Agreement).
16. Lessee agrees at Lessor's option that for purposes of the
determination of an event of default in Section 13.01(i) and (ii) of the Lease
Rider there shall be no grace period for the payments described therein.
17. Lessee agrees that for purposes of the determination of an event of
default in Section 13.01(vi) of the Lease Rider the grace period shall be ten
(10) days.
18. Lessee agrees that in the event of a termination, re-entry or
dispossession as described in Section 13.03 of the Lease Rider, at Lessor's
option, all damages (rent, other charges and net proceeds) shall be immediately
due and owing in full.
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19. Leasehold Mortgagees shall have ten (10) days instead of thirty (30)
days to cure defaults pursuant to Section 13.05(b) of the Lease Rider.
20. If any Leasehold Mortgagee diligently engaged in curing a default
pursuant to Section 13.05(c) of the Lease Rider ceases to do so, Lessor may
terminate the Lease without any further notice to any other Leasehold Mortgagee.
21. The notice by a Leasehold Mortgagee called for by the second sentence
of Section 13.05(d) of the Lease Rider shall be accompanied by an instrument in
writing wherein such Leasehold Mortgagee agrees that:
(a) during the period that such Leasehold Mortgagee shall be in possession
of the Demised Premises and so long as it remains in possession and/or during
the pendency of any such foreclosure or other proceedings and until the interest
of Lessee in this Lease shall terminate or such proceeding shall be
discontinued, it will pay or cause to be paid to Lessor all sums from time to
time becoming due hereunder for rent; and
(b) if delivery of possession of the Demised Premises shall be made to
such Leasehold Mortgagee, whether voluntarily or pursuant to any foreclosure or
other proceedings or otherwise, such Leasehold Mortgagee shall, promptly
following such delivery of possession perform all the covenants and agreements
herein contained on Lessee's part to be performed (including, but not limited to
payment of rent) and to the extent that Lessee shall have failed to perform the
same to the date of delivery of possession, as aforesaid, except such covenants
and agreements which cannot with the exercise of due diligence be performed by
such Leasehold Mortgagee. Nothing in this subclause (b) shall be construed to
require such Leasehold Mortgagee to perform any of the Lessee's obligations
hereunder accruing after such Leasehold Mortgagee ceases to be in possession.
22. Any possession of the Demised Premises delivered pursuant to Section
13.06 of the Lease Rider shall be subject to the rights of possession of all
other parties including any Fee Mortgagee.
23. The references to "twenty (20)" and "sixty (60)" days in the last
sentence of Section 13.06 of the Lease Rider are hereby deemed to be "ten (10)"
and "thirty (30)" respectively.
24. The cure rights given to Leasehold Mortgagees pursuant to the first
sentence of Section 13.07 of the Lease Rider shall not extend the
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cure periods of Section 13.06 of the Lease Rider as agreed to in this Agreement.
25. Lessor shall have the right to terminate any sublease if the Lease has
terminated as though the second paragraph of Section 13.07 of the Lease Rider
did not exist.
26. Lessee may sublease the Demised Premises but only if the sublease
entered into is in substantially the same form as the sublease attached to the
Loan Agreement as Exhibit D or Exhibit E, except for leases for uses other than
as gasoline service stations, as indicated on Exhibit D-1 to the Loan Agreement.
Lessee may sublease to third parties those Stations reasonably determined by
Realty to be uneconomical for the sale of gasoline on terms and conditions
typical in such arm's length subleases. Except as otherwise provided for in the
Loan Agreement or agreed to by the Fee Mortgagee, Lessee shall not mortgage,
sell, assign or transfer any leasehold estate created by the Lease.
27. During the Demised Term, Lessee shall continuously operate or use
reasonable efforts to have the sublessee continuously operate the Demised
Premises as a gasoline service station. The Demised Premises shall not be used
for any other purpose except as set forth in paragraph 8 hereof.
28. Except as otherwise provided for in the Loan Agreement, no termination
of the Lease pursuant to Section 28.02 of the Lease Rider shall take place
unless the Fee Mortgagee shall have consented in writing.
29. This Agreement shall be binding upon the successors and assigns of
Realty and Leemilt's and shall inure to the benefit of Leemilt's and the Bank
and their respective successors and assigns.
30. The terms of this Agreement and all rights and obligations of the
parties hereto shall be governed by the laws of the Commonwealth of
Massachusetts. Such terms, rights and obligations may not be changed, modified
or amended except by an agreement in writing signed by the party against whom
enforcement of such change is sought. This Agreement may be executed in any
number of counterparts and by the parties hereto on separate counterparts, but
all of such counterparts shall together constitute a single instrument.
31. This Agreement shall terminate and be of no further force and effect
on the date of the Lessor's payment in full to the Bank of all amounts owing
under the Loan Agreement and the promissory notes to
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which such Loan Agreement relates, except for those obligations of the Lessee
and Lessor and provisions of this Agreement which by their express terms survive
repayment of such amounts, and provided, however, that the obligations and
liabilities of Lessee and Lessor under this Agreement shall be reinstated with
full force and effect if at any time on or after such repayment date all or any
portion of the repayment amounts paid to the Bank is voided or rescinded or must
otherwise be returned by the Bank to the Lessor upon the Lessor's insolvency,
bankruptcy or reorganization or otherwise, all as though such repayment had not
been made.
IN WITNESS WHEREOF, this Three Party Lease Agreement has been duly
executed as an instrument under seal as of the date first above written.
LEEMILT'S PETROLEUM, INC.
By: /s/ Xxxx X. Xxxxxxxx
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Name: XXXX X. XXXXXXXX
Title: Senior Vice President,
Treasurer and
Chief Financial Officer
GETTY REALTY CORP.
By: /s/ Xxx Xxxxxxxxx
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Name: XXX XXXXXXXXX
Title: President and
Chief Executive Officer
FLEET NATIONAL BANK
By:
-------------------------------
Name:
-----------------------------
Title: Vice President
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which such Loan Agreement relates, except for those obligations of the Lessee
and Lessor and provisions of this Agreement which by their express terms survive
repayment of such amounts, and provided, however, that the obligations and
liabilities of Lessee and Lessor under this Agreement shall be reinstated with
full force and effect if at any time on or after such repayment date all or any
portion of the repayment amounts paid to the Bank is voided or rescinded or must
otherwise be returned by the Bank to the Lessor upon the Lessor's insolvency,
bankruptcy or reorganization or otherwise, all as though such repayment had not
been made.
IN WITNESS WHEREOF, this Three Party Lease Agreement has been duly
executed as an instrument under seal as of the date first above written.
LEEMILT'S PETROLEUM, INC.
By:
-------------------------------
Name:
------------------------------
Title:
------------------------------
GETTY REALTY CORP.
By:
-------------------------------
Name:
------------------------------
Title:
------------------------------
FLEET NATIONAL BANK
By: /s/ Xxxxxxx X. Xxxxxx
-------------------------------
Name: Xxxxxxx X. Xxxxxx
Title: Vice President
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LEASE RIDER
SCHEDULE A
General Covenants and Conditions of Lease
ARTICLE ONE
Lease Proper: Demised Premises: Lease Term
SECTION 1.01. These General Covenants and Conditions of Lease are
incorporated by reference and are a part of the Lease attached hereto between
Leemilt's Petroleum, Inc. (herein called "Lessor") and Getty Realty Corp.
(herein called "Lessee"). In these General Covenants and Conditions of Lease
said Lease is referred to as the "Lease Proper" and the Lease Proper and these
General Covenants and Conditions of Lease are together referred to herein as
"this Lease".
SECTION 1.02. The Demised Premises are leased subject to existing
tenancies and to all existing liens, encumbrances, covenants, restrictions,
easements, agreements and reservations, if any, any state of facts an accurate
survey might show, and zoning rules, restrictions and regulations now in effect
or hereafter adopted by any governmental authority having jurisdiction which
relate to the Demised Premises. This Lease and the leasehold estate created by
this Lease are subject to the lien of all mortgages placed by Lessor at any time
and from time to time upon the fee title to the Demised Premises, and to all
renewals, modifications, consolidations, replacements and extensions thereof.
Any such mortgages which are at any time in effect are herein called "Fee
Mortgages" and the holders thereof "Fee Mortgagees".
SECTION 1.03. Unless this Lease shall sooner end and terminate as
hereinafter provided, this Lease shall consist of an Interim Term and an Initial
Term (as such terms are defined below); said Interim Term and Initial Term are
herein collectively called the "Demised Term". As used herein, the term "Interim
Term" shall mean a period which commences on the date Lessor shall acquire the
Demised Premises through payment of the purchase price and acceptance of
delivery of a deed therefor and continues until, but not including, the first
day of the first month thereafter, provided, however, that if such date of
acquisition shall be the first day of a month there shall be no Interim Term. As
used herein, the term "Initial Term" shall mean period which commences on the
first day after the Interim Term or, if there is no Interim Term, on the date
hereof and, for purposes of the Three Party Lease Agreement among Lessor, Lessee
and Fleet National Bank (the "Bank") of even date herewith, continues until the
earlier to occur of (i) the fifteenth anniversary of the date hereof or (ii) the
date of the Lessor's payment in full to the Bank of all amounts owing to the
Bank under that certain Amended and Restated Loan
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Agreement dated as of October 27, 1995, as amended by that certain First
Amendment to Amended and Restated Loan Agreement dated as of April 4, 1997, and
as further amended, restated or supplemented from time to time (the "Loan
Agreement") and the promissory notes to which such Loan Agreement relates,
except for those obligations of the Lessee and Lessor and provisions of this
Lease which by their express terms survive repayment of such amounts, and
provided, however, that the obligations and liabilities of Lessee and Lessor
under this Lease shall be reinstated with full force and effect if at any time
on or after such repayment date all or any portion of the repayment amounts paid
to the Bank is voided or rescinded or must otherwise be returned by the Bank to
the Lessor upon the Lessor's insolvency, bankruptcy or reorganization or
otherwise, all as though such repayment had not been made.
ARTICLE TWO
Rent During Demised Term
SECTION 2.01. Lessee covenants and agrees to pay to Lessor promptly
when due without notice or demand and without deduction or offset of any amount
for any reason whatsoever as rent for the Demised Premises during the Demised
Term the amounts specified in the Lease Proper. If any rent date shall fall on a
Saturday, Sunday or holiday the rental payment will be made on the next
succeeding business day.
SECTION 2.02. All amounts payable under Section 2.01 of this Article
Two, as well as all other amounts payable by Lessee to Lessor under the terms of
this Lease, shall be payable in lawful money of the United States which shall be
legal tender, each payment of fixed rent to be paid to Lessor at its address set
forth in the Lease Proper, or at such other place as Lessor shall from time to
time designate by notice to Lessee.
SECTION 2.03. It is intended that the rent provided for in the Lease
Proper shall be absolutely net to Lessor throughout the Demised Term, free of
any taxes (except as provided in Section 3.07) costs, expenses, liabilities,
charges or other deductions whatsoever with respect to the Demised Premises
and/or the ownership, leasing, operation, maintenance, repair, rebuilding, use
or occupation thereof, or with respect to any interest of Lessor therein; it
being the intention of the parties hereto that by the execution of this Lease,
Lessee shall assume with respect to the Demised Premises every obligation
relating thereto which the ownership thereof would entail.
SECTION 2.04. All instalments of rent which shall not be paid within
ten days after the same shall have become due and payable shall bear interest at
2% above the Prime Rate (as defined below), but in no event more then the
maximum legal rate of the jurisdiction in which the Demised Premises are located
(the Involuntary Rate"), from the dates that the same
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become due and payable until paid, whether or not demand be made therefor. As
used herein, the term "Prime Rate" shall mean the prime commercial lending rate
from time to time as announced by Fleet National Bank at its principal office in
Boston, Massachusetts (any chance in said prime rate shall effect an adjustment
of interest payable as of the day of such change) to be computed on an
actual/360-day basis (i.e., interest for each day during which any amount as
outstanding shall be computed at the aforesaid rate divided by 360), provided
however, that if said prime commercial lending rate is unavailable from Fleet
National Bank, the comparable prime or base rate of another bank selected by
Lessor shall be substituted therefor, and if such comparable prime or base rate
is not available, the substitute rate shall be any rate reasonably selected by
Lessor.
ARTICLE THREE
Expenses, Taxes and Other Charges and Obligations
SECTION 3.01. Lessee agrees that it will pay and discharge, as
additional rent, punctually as and when the same shall become due and payable,
each and every cost and expense of every kind and nature whatsoever, for the
payment of which Lessor is, or shall or may be or become, liable by reason of
any rights or interest of Lessor in or under this Lease, or by reason of or in
any manner connected with or arising out of the operation, maintenance,
alteration, repair, rebuilding, use or occupancy of the Demised Premises, or for
any other reason whether similar or dissimilar to the foregoing, foreseen or
unforeseen, connected with or arising out of the Demised Premises or this Lease.
Subject to the provisions of Section 3.04 hereof, Lessee further agrees that it
will pay and discharge, as additional rent during the period in which the same
shall be payable without penalty, all real estate taxes, taxes upon or measured
by rents, personal property taxes, water charges, sewer charges, assessments
(including, but not limited to, assessments for public improvements or benefits)
and all other governmental taxes, impositions and charges of every kind and
nature whatsoever, whether or not now customary or within the contemplation of
the parties hereto and regardless of whether the same shall be extraordinary or
ordinary, general or special, unforeseen or foreseen (each such tax, water
charge, sewer charge, assessment and other governmental imposition and charge
which Lessee is obligated to pay hereunder being herein sometimes termed a
"Tax"), which, at any time during the Demised Term shall be or become due and
payable by Lessor and which shall be levied, assessed or imposed:
(i) upon or with respect to, or shall be or become liens upon, the
Demised Premises or any portion thereof or any interest of Lessor therein
or under this Lease; or
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(ii) upon or with respect to Lessor by reason of any actual or
asserted engagement by Lessor, directly or indirectly, in any business,
occupation or other activity in connection with the Demised Premises or
any portion thereof; or
(iii) upon or against, or which shall be measured by, or shall be or
become liens upon, any rents or rental income, as such, payable to or on
behalf of Lessor, in connection with the Demised Premises or any portion
thereof or any interest of Lessor therein; or
(iv) upon or with respect to the ownership, possession, leasing,
operation, management, maintenance, alteration, repair, rebuilding, use or
occupancy of the Demised Premises or any portion thereof; or
(v) upon this transaction or any document to which Lessee is a party
creating or transferring an interest or an estate in the Demised Premises;
or
(vi) upon or against Lessor or any interest of Lessor in the Demised
Premises, in any manner and for any reason whether similar or dissimilar
to the foregoing;
under or by virtue of any present or future law, statute, ordinance, regulation
or other requirement of any governmental authority whatsoever, whether federal,
state, county, city, municipal or otherwise, it being the intention of the
parties hereto that, insofar as the same may lawfully be done, Lessor shall be
free from all such costs and expenses, and all the Taxes, and that this Lease
shall yield to Lessor not less than the rent reserved hereunder throughout the
Demised Term.
SECTION 3.02. If by law any assessment for public improvement with
respect to the Demised Premises Is payable, or may at the option of the taxpayer
be paid, in instalments, Lessee may, whether or not Interest shall accrue on the
unpaid balance thereof, pay the same, and any accrued interest or any unpaid
balance thereof, in instalments as each instalment becomes due and payable, but
in any event before any fine, penalty, interest or cost may be added thereto for
non-payment of any instalment or interest; provided, however, that Lessee shall
not be required to pay any such instalment which becomes due and payable after
the expiration of the Demised Term.
Upon the expiration or earlier termination of this Lease (except for
a termination pursuant to the provisions of Article Thirteen hereof), Taxes and
other charges which shall
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be levied, assessed or become due upon the Demised Premises or any part thereof
shall be prorated to the date of such expiration or earlier termination.
SECTION 3.03. Lessee covenants to furnish to Lessor, promptly upon
request, official receipts of the appropriate taxing authorities evidencing the
payment of Taxes on the Demised Premises.
SECTION 3.04. Notwithstanding anything to the contrary herein
contained, if Lessee deems any Tax relating to the Demised Premises excessive or
illegal, Lessee may defer payment thereof so long as the validity or the amount
thereof is contested by Lessee with diligence and in good faith; provided
however, that Lessee, upon request by Lessor, shall furnish to Lessor a bond in
form, and issued by a surety company, reasonably satisfactory to Lessor, in an
amount equal to the amount of the Tax so contested, which bond shall guarantee
the payment thereof with interest and penalties thereon; and provided further,
that if at any time payment of the whole of such Tax shall become necessary to
prevent the delivery of a tax deed conveying the Demised Premises or
Improvements, or any portion thereof, because of non-payment, then Lessee shall
pay the same in sufficient time to prevent the delivery of such tax deed.
SECTION 3.05. Any contest as to the validity or amount of any Tax,
whether before or after payment, may be made by Lessee, in the name of Lessor or
of Lessee, or both, as Lessee shall determine, and Lessor agrees that it will,
at Lessee's expense, cooperate with Lessee in any such contest to such extent as
Lessee may reasonably request. It is understood, however, that Lessor shall not
be subject to any liability for the payment of any costs or expenses in
connection with any such proceeding brought by Lessee, and Lessee covenants to
pay, and to indemnify and save harmless Lessor from, any such costs or expenses.
Lessee shall be entitled to any refund of any such Tax and penalties or interest
thereon which have been paid by Lessee or which have been paid by Lessor and
reimbursed to Lessor by Lessee.
SECTION 3.06. The certificate, advice or xxxx of the appropriate
official designated by law to make or issue the same or to receive payment of
any such Tax, of the non-payment of any such Tax, shall be prima facie evidence
that such Tax was due and unpaid at the time of the making or issuance of such
certificate, advice or xxxx.
SECTION 3.07. It is expressly understood and agreed that Lessee
shall not be required to pay, or reimburse Lessor
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for (i) any federal capital levy, franchise tax, revenue tax, income tax or
profits tax of Lessor, or any such tax imposed after the date hereof, by the
state in which the Demised Premises are located, or (ii) any estate,
inheritance, devolution, succession, transfer, stamp, legacy or gift tax which
may be imposed upon or with respect to any transfer (other than stamp taxes in
connection with a conveyance by Lessor to Lessee) of Lessor's interest in the
Demised Premises.
ARTICLE FOUR
Compliance with Laws, Etc.
SECTION 4.01. Lessee agrees that it will not use the Demised
Premises, nor shall it suffer or permit the same to be used, for any unlawful
purpose.
SECTION 4.02. Lessee shall, throughout the Demised Term, and at no
expense whatsoever to Lessor, promptly comply or cause compliance, with all laws
and ordinances and the orders, rules, regulations and requirements of duly
constituted public authorities which may be applicable to the Demised Premises.
Lessee accepts the Demised Premises in the actual condition in which the same
are as of the date of this Lease, and assumes all risks, if any, resulting from
any present or future latent or patent defects therein or from the failure of
the Demised Premises to comply with all legal requirements applicable thereto,
and Lessee acknowledges that Lessor has made no representations as to the
condition or manner of construction of the Improvements on the Land. Lessee
further agrees that it will, at its own cost and expense, fully and faithfully
perform and observe all requirements and conditions of all instruments recorded
at the date of the commencement of the Demised Term and in any instrument
recorded thereafter with with the consent of Lessee, insofar as the same shall
affect or be applicable to the Demised Premises or any portion thereof or any
easement appurtenant thereto and also insofar as the same shall impose any
obligation upon Lessor as owner of the Demised Premises.
SECTION 4.03. Lessee shall have the right to contest by appropriate
legal proceedings, without cost or expense to Lessor, the validity of any law,
ordinance, order, rule, regulation or requirement of the nature herein referred
to and to postpone compliance with the same, provided such contest shall be
promptly and diligently prosecuted by and at the expense of Lessee, that Lessor
shall not thereby suffer any civil, or be subjected to any criminal, penalties
or sanctions, and provided further, that, if requested so to do by Lessor,
Lessee shall first furnish to Lessor a bond, in form and
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amount, and issued by a surety company reasonably satisfactory to Lessor,
guaranteeing to Lessor compliance by Lessee with such law, ordinance, order,
rule, regulation or requirement, and indemnify in a Lessor against any and all
liability, loss and damage which Lessor may sustain by reason of Lessee's
failure or delay in complying therewith. Lessor shall have the right, but shall
be under no obligation, to contest by appropriate legal proceedings, at Lessor's
expense, any such law, ordinance, rule, regulation or requirement.
SECTION 4.04. Except to the extent otherwise provided in Sections
10.03 and 11.01 hereof, this Lease shall not terminate, nor shall Lessee be
entitled to any abatement of rent or reduction thereof, nor shall the respective
obligations of Lessor and Lessee be otherwise affected, by reason of damage to
or destruction of all or any part of the Demised Premises from whatever cause,
the taking of the Demised Premises or any portion thereof, by expropriation or
otherwise, the lawful prohibition of Lessee's use of the Demised Premises, the
interference with such use by any private person or corporation, or by reason of
any eviction by paramount title, or for any other cause whether similar or
dissimilar to the foregoing, any present or future law to the contrary
notwithstanding, it being the intention of the parties hereto that the rent and
additional rent and charges payable by Lessee shall continue to be payable in
all events unless the obligation to pay the same shall be terminated pursuant to
the express provisions of this Lease.
SECTION 4.05. Lessee is fully familiar with the state of the title
of the Demised Premises and accepts the same subject to all matters and
conditions of the type enumerated in this Lease. Lessee shall, at Lessee's
expense, defend Lessor's title to the Demised Premises and Lessee's right to
possession of the Demised Premised hereunder. Lessor will join in any such
proceeding insofar as the same may be required to permit the successful defense
thereof and Lessee will reimburse Lessor for the expense of the proceeding,
including the legal expenses of Lessor.
ARTICLE FIVE
Permits, Licenses, Etc.
SECTION 5.01. Lessee shall at its sole cost and expense procure or
cause to be procured any and all necessary permits, licenses or other
authorizations required for the lawful and proper use, occupation, operation and
management of the Demised Premises, including but not limited to, the use as a
gasoline service station, and to permit the storage, han-
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dling, advertising and sale of motor fuels, lubricants, other petroleum products
and automobile accessories and for any and all business usually conducted in
connection with gasoline service stations. Lessee expressly agrees that Lessor
is not, nor shall it be, required to furnish to Lessee or any other occupant of
the Demised Premises, during the Demised Term, any water, sewer, gas, heat,
electricity, light, power or any other facilities, equipment, labor, materials
or services of any kind whatsoever.
ARTICLE SIX
Indemnification and Non-Liability of Lessor
SECTION 6.01. Lessee covenants and agrees, it its sole cost and
expense, to indemnify and save harmless Lessor against and from any and all
claims by or on behalf of any person, firm, corporation or governmental
authority ("Person") arising from the occupation, operation, maintenance,
alteration, repair, use, possession, conduct or management of the Demised
Premises during the Demised Term, and further to indemnify and save Lessor
harmless against and from any and all claims arising from any condition of any
Improvement, or of any vaults, passageways, or spaces therein or appurtenant
thereto, or arising from any breach or default on the part of Lessee in the
performance of any covenant or agreement on the part of Lessee to be performed,
pursuant to the terms of this Lease, or arising from any act or negligence of
Lessee or Lessor, or any of their respective agents, contractors, servants,
employees or licensees, or arising from any accident, injury or damage
whatsoever caused to any person, occurring during the Demised Term, in or about
the Demised Premises (including any portion thereof which has been made the
subject of an easement pursuant to Section 20.02 hereof) or upon or under the
sidewalks and the land adjacent thereto, and from and against all costs,
reasonable counsel fees, expense and liabilities incurred in or about any such
claim, action or proceeding brought thereon; and in case any action or
proceeding be brought against Lessor by reason of any such claim, Lessee upon
notice from Lessor covenants to resist or defend such action or proceeding by
counsel satisfactory to Lessor, unless such action or proceeding is resisted or
defended by counsel for any carrier of public liability insurance referred to in
Section 10.01 hereof as authorized by the provisions of any policy of public
liability insurance maintained pursuant to said Section 10.01.
SECTION 6.02. Lessee covenants and agrees to pay, and to indemnify
Lessor against, all costs and charges, including reasonable counsel fees,
lawfully and reasonably incurred in obtaining possession of the Demised Premises
after default of Lessee or upon expiration or earlier termination of the
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Demised Term, or in enforcing any covenant or agreement of Lessee herein
contained.
SECTION 6.03. Lessee further covenants and agrees that Lessor shall
not be responsible or liable to Lessee, or any Person, claiming by, through or
under Lessee for, or by reason, of any defect in any Improvement or part
thereof, or for any failure or defect of water, heat, electric light or power
supply, or of any apparatus or appliance in connection therewith, or from any
injury or loss or damage to person or property resulting therefrom, and Lessor
shall not be responsible or liable to Lessee, or any Person, claiming by,
through or under Lessee, for any injury, loss or damage to any Person or to the
Demised Premises or to any property of Lessee, or of any other Person, contained
in or upon the Demised Premises, caused by or arising or resulting from any
cause whatsoever.
ARTICLE SEVEN
Maintenance and Repairs, Covenant Against Waste
and Right of Inspection
SECTION 7.01. Lessee shall, throughout the Demised Term, at no
expense whatsoever to Lessor, take good care or cause good care to be taken of
the Demised Premises and, subject to the provisions of Article Ten hereof, shall
promptly make or cause to be made all repairs so as to keep the Improvements in
good and lawful order and condition, wear and tear from reasonable use excepted.
When used in this Article, the term "repairs" as applied to building equipment
shall include replacements, restoration and/or renewals when necessary. The
provisions and conditions of Article Nine applicable to changes or alterations
shall similarly apply to repairs required to be done by Lessee under this
Article.
SECTION 7.02. Lessee shall permit Lessor and the authorized
representatives of Lessor to enter the Demised Premises at all reasonable times
during usual business hours for the purpose of inspecting the same.
ARTICLE EIGHT
Liens
SECTION 8.01. Lessee shall not suffer or permit any mechanic's,
laborer's or materialman's liens to stand against the Demised Premises or any
part thereof, or against the interest of Lessee in the Demised Premises by
reason of any work, labor, services or materials done for, or supplied to, or
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claimed to have been done for, or supplied to, Lessor's grantor, Lessee or
anyone holding the Demised Premises or any part thereof through or under Lessee.
If any such lien shall at any time be filed against the Demised Premises, or any
part thereof, or against the interest of Lessee therein, Lessee shall take such
action as may be necessary to discharge such lien of record within thirty (30)
days after the date of filing the same.
ARTICLE NINE
Alterations
SECTION 9.01. Lessee may move, remove, alter or add to any building,
structure, tank, curbing, pavement, driveway, machinery and other equipment now
or hereafter placed on the Demised Premises and may construct, build and place
upon the Demised Premises such buildings, structures, tanks, curbings, pavement,
driveways, machinery and other equipment as shall in its opinion be necessary or
desirable to use and operate the Demised Premises and may perform any and all
acts necessary to the conduct of its business, provided that such work and acts
do not diminish the aggregate fair market value of the Improvements. Lessee
shall promptly pay and discharge all costs, expenses, damages and other
liabilities which may arise in connection with or by reason of such work.
SECTION 9.02. All alterations, replacements, and additions made by
Lessee on the Demised Premises shall be and become part of the Improvements and
belong to Lessor.
SECTION 9.03. All material salvaged in connection with any work
which Lessee is permitted to do hereunder shall belong to Lessee.
ARTICLE TEN
Insurance and Damage
Section 10.01. (a) Without limiting any other obligations hereunder,
Lessee shall at all times maintain at its expense the following insurance
covering the Improvements or activities on or about the Land with insurance
companies which have received a financial rating of at least A+-14 from A.M.
Best Company and which are duly licensed to do business in the state in which
the Improvements are located:
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(i) All-risk coverage written on a policy form equivalent to
Insurance Service Organization special building form FOO13 (ED-l0/79).
(ii) Public liability insurance covering all activities in or about
the Demised Premises or adjoining streets, sidewalks and passageways in
amounts not less than $5,000,000 combined single limit bodily injury
property damage coverage, such insurance to include blanket contractual
liability coverage for liabilities assumed by Lessee under this Lease,
including specifically those set forth in Section 6.01 hereof.
(iii) Such other insurance as any Fee Mortgagee may reasonably
require from time to time.
All of the above insurance shall be written subject to terms and conditions, and
by companies, reasonably satisfactory to Lessor and any Fee Mortgagee.
(b) Policies required in clauses (i) through (iii) of paragraph (a)
above shall include Lessor, Lessee or any Fee Mortgagee as insureds as their
interests may appear and shall be in amounts sufficient to prevent Lessor or
Lessee from becoming a co-insurer within the terms of the policy(ies). Each
policy shall provide that losses shall be adjusted and paid as hereinafter
provided. Each policy shall further provide that, as to the interest of Lessor,
coverage shall not be invalidated or adversely affected by an act or omission of
Lessor, Lessee, any Fee Mortgagee, any Leasehold Mortgagee or their respective
employees or agents or any occupant of the Demised Premises, which might
otherwise result in forfeiture.
(c) Policies required in clause (i) of paragraph (a) above shall
provide for full repair and replacement coverage without allowance for
depreciation.
(d) Policies required in clause (ii) of paragraph (a) above shall
include Lessor, Lessee and any Fee Mortgagee as insureds, shall be primary and
without any right of contribution as to any other insurance carried by or for
Lessor and shall be endorsed to state that all terms and conditions except for
limits of liability shall operate in the same manner as if they were a separate
policy covering each insured.
(e) Policies required in clauses (i) through (iii) of paragraph (a)
above shall provide that they may not be can-
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celled or materially changed so as adversely to affect the protection of Lessor
and any Fee Mortgagee until sixty (60) days after Lessor and any Fee Mortgagee
shall have received written notice of intent so to cancel or materially change
the policy. Except for public liability insurance policies, each policy shall
provide that the insurer(s) waive any right of subrogation against Lessor and
any Fee Mortgagee, and their respective agents or employees.
(f) Lessee shall pay the premium on each policy when due and shall
furnish Lessor, upon request, with satisfactory evidence of such payment. Upon
request of Lessor, Lessee shall furnish evidence of all insurance required
hereunder on such forms as may be approved from time to time by Lessor.
SECTION 10.02. Losses covered by the insurance provided for in
clauses (i) through (iii) of paragraph (a) of Section 10.01 hereof shall be
adjusted with the carriers thereof by and at the cost of Lessee.
SECTION 10.03. If the Improvements shall be damaged or destroyed by
fire or any other peril whatsoever Lessee shall restore the Demised Premises or
shall cause the same to be restored to such extent that, upon the completion of
such restoration work, the value of the Demised Premises as so restored shall at
least be substantially equal to the value thereof immediately prior to such
damage or destruction, irrespective of the availability or sufficiency of any
fire or other insurance proceeds payable with respect thereto. Lessee's
obligations hereunder are subject to the following further understandings and
agreements:
(a) All insurance moneys, if any, paid to Lessor on account of such
damage or destruction, shall be applied in the following manner:
(i) There shall be paid to Lessee from said insurance moneys
such part thereof as shall equal the cost to Lessee of doing such
temporary work as in Lessee's opinion may be necessary in order to
protect the Demised Premises pending adjustment of the insurance
loss or the restoration of such Demised Premises.
(ii) There shall be paid to Lessee from said insurance moneys
such part thereof as shall equal the cost to Lessee of restoring
such Demised Premises as required above. If said insurance moneys
shall not equal the cost to Lessee of such restoration, Lessee
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shall nevertheless complete the same without expense to Lessor and
all the work undertaken by Lessee in connection with such
restoration shall be free of liens.
(iii) Payments to Lessee pursuant to clause (i) or (ii) of
this paragraph (a) from such insurance moneys shall be made to
Lessee from time to time as the work progresses, in amounts equal to
the cost of labor and material incorporated into and used in such
work plus builders', architects' and engineers' fees and other
charges in connection with such work, upon delivery to Lessor of a
certificate of a responsible officer of Lessee certifying that the
amounts so to be paid to Lessee are payable to Lessee in accordance
with the provisions of this Section 10.03 and that such amounts are
then due and payable by Lessee or have theretofore been paid by
Lessee.
(b) In the event that any of the insurance moneys paid by the
insurance companies to either Lessor or Lessee, with respect to the
Demised Premises, as hereinabove provided, shall remain after the
completion of such restoration, the excess shall be retained by or paid to
Lessee or as it may direct.
If such fire or other casualty occurs during the Demised Term and
Lessee does not desire to restore the Improvements and provided that not less
than 20% of the Improvements shall have been damaged and rendered untenantable,
Lessee may terminate this Lease by giving notice to Lessor of Lessee's intention
so to terminate. Said notice shall be delivered to Lessor at least sixty (60)
days prior to the effective date of such termination specified in said notice
and shall be accompanied by a certificate of an officer of Lessee, to the effect
that the Improvements have been damaged to the extent provided in this paragraph
and that Lessee has determined that the Improvements will not be rebuilt,
replaced or repaired. Said notice of termination shall be deemed to constitute
an agreement by Lessor to sell to Lessee, and by Lessee to purchase from Lessor,
Lessor's interest in the Demised Premises for a sum equal to the Termination
Price (as defined below). On such effective date of termination, Lessor shall
transfer and convey the Demised Premises to Lessee in the manner provided in
Article Twenty-Six hereof. Upon consummation of such purchase by Lessee all
insurance monies paid or payable as a result of such fire at casualty shall be
paid to and/or retained by Lessee. As used herein, the term "Termination Price"
means, as of any time, an amount equal to the value at such time of Lessor's
interest in Total Condemnation or Constructive Total Condemnation as defined in
Section 11.03(a) hereof.
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Subject to the provisions of the preceding paragraph, in the event
of any such damage or destruction by fire or other casualty, the provisions of
this Lease shall be unaffected and Lessee shall remain and continue liable for
the payment of all instalments of rent, additional rent, real estate taxes,
assessments and all other taxes, charges and other impositions required
hereunder to be paid by Lessee, as though no damage or destruction by fire or
other casualty had occurred, until this Lease terminates as provided above or
otherwise in accordance with the terms of this Lease.
SECTION 10.04. Lessee shall be free to obtain any insurance required
by this Article by endorsements on blanket insurance policies, if any.
SECTION 10.05. Lessor and Lessee each agree that it will cooperate
with the other, to such extent as such other party may reasonably require, in
connection with the prosecution or defense of any action or proceeding arising
out of, or for the collection of any insurance moneys that may be due in the
event of, any loss or damage, and that it will execute and deliver to such other
party such instruments as may be required to facilitate the recovery of any
insurance moneys, but the costs and expenses of all such actions and proceedings
shall be paid by Lessee.
SECTION 10.06. Lessee agrees to give prompt notice to Lessor with
respect to all fires or other perils occurring upon the Demised Premises, where
the apparent damage to the Improvements resulting therefrom shall equal or
exceed $20,000.
ARTICLE ELEVEN
Condemnation
SECTION 11.01. If, during the Demised Term, the whole of the Demised
Premises shall be taken or condemned in eminent domain proceedings for any
public or quasi-public use, or if less than the whole is so taken or condemned
with the result that the remainder of the Demised Premises is insufficient to
permit the reconstruction of economically feasible improvements and Lessee so
certifies to Lessor (hereinafter called "Total Condemnation" and "Constructive
Total Condemnation", respectively), the total award made with respect to
Lessor's and Lessee's respective interests in the Demised Premises shall be paid
to Lessor, or if any Fee Mortgage is then in existence to the Fee Mortgagee
holding the Fee Mortgage most senior in lien. In case of a Total Condemnation or
a Constructive Total Condemnation, this Lease shall terminate on
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the date of Constructive Total Condemnation or the date of delivery of Lessee's
certificate referred to above (in the case of Constructive Total Condemnation),
except with respect to obligations and liabilities of Lessee under this Lease,
actual or contingent, which have arisen on or prior to such date.
SECTION 11.02. If, during the Demised Term, a portion of any of the
property comprising the Demised Premises shall be taken or condemned under the
right of eminent domain, and if Lessee does not notify Lessor that the property
remaining is insufficient to permit the reconstruction of economically feasible
improvements in accordance with Section 11.01 above (hereinafter called a
"Partial Condemnation"), then Lessee shall, at Lessee's expense, restore the
Improvements on the property remaining so that they will constitute an
architectural unit of the same general character, value and condition (as nearly
as may be possible in the circumstances) as the previous Improvements and this
Lease will remain in full force and effect with regard to the remaining portion
of such property. In such event the condemnation award shall be apportioned
between Lessor and Lessee in accordance with the value of their respective
interests in the Demised Premises at the time of the vesting of title in such
proceedings.
SECTION 11.03. (a) The value of Lessor's interest in Total
Condemnation or Constructive Total Condemnation shall be the greater of (i) the
appraised value, as of the applicable termination date provided for in Section
11.01 above, of the Demised Premises considered as improved and encumbered by
this Lease, or (ii) the product of the Original Rent Amount multiplied by 4.674.
(b) In Partial Condemnation the value of Lessor's interest for
purposes of this Article Eleven shall equal the value determined in accordance
with paragraph (a) of this Section 11.03, multiplied by a fraction, the
numerator of which shall be the amount of the Land taken and the denominator of
which shall be the amount of the Land originally subject to this Lease.
(c) In each case there shall be added to the value of Lessor's
interest all expenses including reasonable attorneys' fees paid or incurred by
Lessor in or as a result of such condemnation.
(d) The balance of the award shall equal Lessee's interest.
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SECTION 11.04. In the case of any Partial Condemnation, each fixed
rent payment payable thereafter under this Lease shall be reduced in the same
proportion as the area of the Land taken in such taking bears to the area of the
Land originally subject to this Lease.
SECTION 11.05. If, at any time after the date hereof, the whole or
any part of the Demised Premises or of Lessee's interest under this Lease shall
be taken or condemned by any governmental body or officer or other competent
authority for its or their temporary use or occupancy the foregoing provisions
of this Article shall not apply and Lessee shall continue to pay, in the manner
and at the times herein specified, the full amounts of the rent and all
additional rent and other charges payable by Lessee hereunder, and, except only
to the extent that Lessee may be prevented from so doing pursuant to the terms
of the order of the condemning authority, to perform and observe all of the
other terms, covenants, conditions and obligations hereof upon the part of
Lessee to be performed and observed, as though such taking had not occurred. In
the event of any such taking as in this Section 11.05 referred to, Lessee shall
be entitled to receive the entire amount of any award made for such taking,
whether paid by way of damages, rent or otherwise, unless such period of
temporary use or occupancy shall extend beyond the Demised Term in which case
such award shall be apportioned between Lessor and Lessee as of such date of
expiration. Lessee covenants that, upon the termination of any such period of
temporary use or occupancy (whether prior to or subsequent to the termination of
this Lease), it will, at its sole cost and expense, restore the Demised
Premises, as nearly as may be reasonably possible, to the condition in which the
same were immediately prior to such taking. To the extent that Lessor receives,
by way of such apportionment or otherwise, any award or payment to pay or
compensate for the restoration of the Demised Premises, Lessor will pay such sum
to Lessee.
ARTICLE TWELVE
Rights of Other Parties to Perform Covenants
SECTION 12.01. Lessee covenants and agrees that if it shall at any
time fail (a) to pay any expense, Tax, charge or obligation pursuant to the
provisions of Article Three hereof, or (b) to take out, pay for, maintain or
deliver any of the insurance policies provided for in Article Ten hereof, or (c)
to make any other payment or perform any other act which Lessee is obligated to
make or perform under this Lease, then Lessor may but shall not be obligated so
to do, after ten (10) days' notice to Lessee and to any Leasehold Mortgagee (but
without notice in the event of an emergency) and without waiving, or releasing
Lessee from, any obligation of Lessee in this
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Lease contained, pay any such expense, Tax, charge or obligation or effect such
insurance coverage and pay premiums therefor, or make any other payment or
perform any other act which Lessee is obligated to make or perform under this
Lease, in such manner and to such extent as shall be necessary, and, in
exercising any such rights, pay necessary and incidental costs and expenses,
employ counsel and incur and pay reasonable attorneys' fees, provided, however,
that Lessor may not perform any act referred to in clause (c) above which is not
reasonably susceptible of performance within said 10-day period if Lessee shall
have commenced performance of said act within said 10-day period and prosecutes
the same diligently to completion. All sums so paid by Lessor and all necessary
and incidental costs and expenses in connection with the performance of any such
act by Lessor, together with interest thereon at the Involuntary Rate from the
date of the making of such expenditure by Lessor, shall be deemed additional
rent hereunder and, except as otherwise in this Lease expressly provided, shall
be payable to Lessor as additional rent on the next rent payment date, and
Lessee covenants to pay any such sum or sums with interest as aforesaid and
Lessor shall have the same rights and remedies in the event of the nonpayment
thereof by Lessee as in the case of default by Lessee in the payment of the
rent.
SECTION 12.02. At any time when a Leasehold Mortgage shall be in
effect, any Leasehold Mortgagee may make any payment or perform any act required
hereunder to be made or performed by Lessee with the same effect as if made or
performed by Lessee.
SECTION 12.03. Any one or more Fee Mortgagees shall have the right
to cure any default of Lessor. Lessee shall accept such performance by Fee
Mortgagees with the same effect as if the default had been cured by Lessor. Any
Fee Mortgagee or its designee may become the transferee of Lessor's interest in
this Lease, whether by purchase at a foreclosure or assignment in lieu of
foreclosure or otherwise. The foregoing shall not limit the rights of any Fee
Mortgagee under any Non-Disturbance Agreement.
ARTICLE THIRTEEN
Conditional Limitations -- Default Provisions
SECTION 13.01. This Lease and the Demised Term are subject to the
limitation that if, at any time during the Demised Term, any one or more of the
following events (herein called an "event of default") shall occur, that is to
say:
(i) if Lessee shall fail to pay any instalment of the rent provided
for herein, or any part thereof, when
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the same shall become due and payable, and such failure shall continue for
ten (10) days after notice thereof from Lessor to Lessee; or
(ii) if Lessee shall fail to pay any item of additional rent or any
other charge or sum required to be paid by Lessee hereunder, and such
failure shall continue for thirty (30) days after notice thereof from
Lessor to Lessee; or
(iii) if Lessee shall make an assignment for the benefit of its
creditors; or
(iv) if any petition shall be filed against Lessee in any court,
whether or not pursuant to any statute of the United States or of any
State, in any bankruptcy, reorganization, composition, extension,
arrangement or insolvency proceedings, and Lessee shall thereafter be
adjudicated bankrupt, or if such proceedings shall not be dismissed within
ninety (90) days after the institution of the same; or if any such
petition shall be so filed by Lessee or liquidator; or
(v) if, in any proceeding, a receiver, receiver and manager, trustee
or liquidator be appointed for all or any portion of Lessee's property,
and such receiver, receiver and manager, trustee or liquidator shall not
be discharged within ninety (9O) days after the appointment of such
receiver, receiver and manager, trustee or liquidator; or
(vi) if Lessee shall fail to perform or observe any other of its
obligations under this Lease (unless Lessee is then diligently engaged in
the fulfillment thereof) and such failure shall continue for thirty (30)
days after notice thereof from Lessor to Lessee;
then upon the happening of any one or more of the aforementioned events of
default, and the expiration of the period of time prescribed in any such notice,
Lessor shall have the right, then or at any time thereafter, and while such
default or defaults shall continue, to give Lessee written notice of Lessor's
intention to terminate this Lease on a date specified in such notice, which date
shall not be less than ten (10) days after the date of giving of such notice,
and on the date specified in such notice Lessee's right to possession of the
premises shall cease and Lessee shall peaceably and quietly yield to and
surrender to Lessor the Demised Premises and this Lease shall thereupon be
terminated and all of the right, title
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and interest of Lessee hereunder shall wholly cease and expire in the same
manner and with the same force and effect as if the date of expiration of such
ten (10) day period were the date originally specified herein for the expiration
of this Lease and the Demised Term, and Lessee shall then quit and surrender the
Demised Premises to Lessor, but Lessee shall remain liable as hereinafter
provided.
SECTION 13.02. In the event of any termination of this Lease as in
Section 13.01 above provided or as otherwise permitted by law, or if an event of
default shall continue beyond the expiration of any grace period above provided
for, Lessor may enter upon the Demised Premises, and have, repossess and enjoy
the same by summary proceedings, ejectment or otherwise, and in any such event
neither Lessee nor any person claiming through or under Lessee by virtue of any
statute or of an order of any court shall be entitled to possession or to remain
in possession of the Demised Premises but shall forthwith quit and surrender the
Demised Premises. Lessor shall incur no liability to any person for or by reason
of any such entry, repossession or removal of Lessee or any person claiming
through or under Lessee.
SECTION 13.03. In case of any such termination, re-entry or
dispossession by summary proceedings, ejectment or otherwise, Lessee will pay
Lessor all the rent and all other charges required to be paid by Lessee
hereunder up to the time of such termination, re-entry or dispossession; and
thereafter, Lessee shall, until the end of what would have been the Demised Term
of this Lease in the absence of such termination, re-entry or dispossession, and
whether or not the Demised Premises shall have been relet, be liable to Lessor
for, and shall pay to Lessor, as liquidated and agreed current damages: (i) all
rent which would accrue, additional rent and other charges which would be
payable under this Lease by Lessee in the absence of such termination, re-entry
or dispossession, and all costs (including reasonable attorneys' fees) incurred
by Lessor because of Lessee's default (payable on demand) less (ii) the net
proceeds, if any, of any reletting of the Demised Premises, after deducting from
such proceeds all Lessor's expenses In connection with such reletting
(including, but not limited to, all, dispossession costs, brokerage commissions,
reasonable attorneys' fees and expenses, alteration costs and expenses of
preparation for such reletting). Lessee will pay such current damages on the
days on which the rent would be payable under this lease in the absence of such
termination, re-entry or dispossession, and Lessor shall be entitled to recover
the same from Lessee on each such day.
SECTION 13.04. The right of Lessor to recover from Lessee the
amounts hereinabove provided for shall survive the issuance of any order for
possession or other cancellation or
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termination hereof, and Lessee hereby expressly waives any defense that might be
predicated upon the issuance of such order for possession or other cancellation
or termination hereof. Lessee hereby expressly waives service of any notice of
intention to re-enter that may be required by law. Lessee, for itself and any
and all persons claiming through or under Lessee, including its creditors, upon
the termination of this Lease and of the Demised Term in accordance with the
terms hereof, or in the event of entry of judgment for the recovery of the
possession of the Demised Premises in any action or proceeding, or if Lessor
shall enter the Demised Premises by process of law or otherwise, hereby waives
any right of redemption provided or permitted by any statute, law or decision
now or hereafter in force, and does hereby waive, surrender and give up all
rights or privileges which Lessee may or might have under and by reason of any
present or future law or decision, to redeem the Demised Premises or for a
continuation of this Lease for the term hereby demised after having been
dispossessed or ejected therefrom by process of law, or otherwise. Lessee waives
all right to trial by jury in any summary or other judicial proceedings
hereafter instituted by Lessor against Lessee in respect to the Demised
Premises. The words "re-entry" and "re-enter" as used in this Lease shall not be
construed as limited to their strict legal meaning.
SECTION 13.05. The following provisions shall apply to Leasehold
Mortgages and Leasehold Mortgagees:
(a) Any one or more Leasehold Mortgagees shall have the right to
cure any default of Lessee. Lessor shall accept such performance by
Leasehold Mortgagees with the same effect as if the default had been cured
by Lessee. Any Leasehold Mortgagee or its designee may become the
transferee of Lessee's interest in this Lease, whether by purchase at a
foreclosure or assignment in lieu of foreclosure or otherwise.
(b) If an event of default occurs which is susceptible of being
cured by paying a sum of money without taking any other action, Lessor
shall so notify each Leasehold Mortgagee. Each Leasehold Mortgagee shall
have thirty (30) days after the giving of such notice within which to make
such payment. Lessor shall not have the right to terminate this Lease or
to interfere with the occupancy, use or enjoyment of the Demised Premises
by reason of such event of default if such payment is made within such
period of thirty (30) days.
(c) If an event of default occurs which is not susceptible of being
cured by paying a sum of money without taking any other action but which
is susceptible of being cured by a Leasehold Mortgagee before it obtains
possession of the Demised Premises, Lessor shall so notify
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each Leasehold Mortgagee. Each Leasehold Mortgagee shall have thirty (30)
days after the giving of such notice within which to cure such default.
Lessor shall not have the right to terminate this Lease or to interfere
with the occupancy, use or enjoyment of the Demised Premises by reason of
such default if it is cured within such period of thirty (30) days. If
such default cannot in the exercise of diligence be cured within such
period and any Leasehold Mortgagee commences with diligence to cure such
default within such period, then, so long as any Leasehold Mortgagee is
diligently engaged in curing the default, and after the default is cured,
Lessor shall not have the right to terminate this Lease or to interfere
with the occupancy, use or enjoyment of the Demised Premises by reason of
such default. If any Leasehold Mortgagee so diligently engaged in curing
such default ceases to do so, Lessor shall so notify each other Leasehold
Mortgagee and shall not have the right to terminate this Lease by reason
of such default unless none of such other Leasehold Mortgagees engages in
curing such default during the period of fifteen (15) days following the
giving of such notice.
(d) If any other event of default occurs, Lessor shall take no
action to terminate this Lease without first notifying each Leasehold
Mortgagee of the event of default and that it has a reasonable time within
which either (i) to obtain possession of the Demised Premises (including
possession by a receiver) and to cure such default after obtaining
possession in the case of a default susceptible of being cured by a
Leasehold Mortgagee after obtaining possession, or (ii) to institute,
prosecute and complete foreclosure proceedings, or otherwise cause
Lessee's interest in this Lease to be transferred with diligence, in the
case of a default not susceptible of being cured by a Leasehold Mortgage
even after it obtains possession. If a Leasehold Mortgagee intends to
proceed in accordance with clause (i) or (ii) of the immediately preceding
sentence, it shall furnish, within thirty (30) days after Lessor gives
notice under such paragraph, notice to Lessor of such Leasehold
Mortgagee's intention to so proceed. However, any Leasehold Mortgagee
which gives the notice described in the immediately preceding sentence may
at any time notify Lessor that it does not intend to acquire or continue
possession or to institute or continue foreclosure proceedings or other
action to cause a transfer of Lessee's interest in this Lease. After the
giving of such notice by such Leasehold Mortgagee, Lessor shall again be
obligated to give notice under the first sentence of this Section 13.05(d)
to each other Leasehold Mortgagee (other than a Leasehold Mortgagee which,
with respect to such default, has theretofore given notice under the
immediately preceding sentence of its ceasing to take action). If no
Leasehold Mortgagee furnishes a notice of its intention to proceed in
accordance with the immediately preced-
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ing sentence within thirty (30) days after the giving of notice pursuant
to the first sentence of this Section 13.05(d), Lessor may exercise any
right it may then have to terminate this Lease or to interfere with the
occupancy, use or enjoyment of the Demised Premises by reason of such
default. If the Leasehold Mortgagee completes the foreclosure proceedings
or otherwise causes a transfer of Lessee's interest in this Lease as
provided in this Section 13.06(d), any event of default not susceptible of
being cured by the transferee shall be deemed to have been waived, but
such waiver shall not abrogate the foreclosure or transfer.
SECTION 13.06. In case of the termination of this Lease by reason of
the happening of any event of default, Lessor shall give prompt notice thereof
to any Leasehold Mortgagee. Lessor shall, on written request of any such
Leasehold Mortgagee, made at any time within forty (40) days after the giving of
such notice by Lessor, enter into a new lease of the Demised Premises with such
Leasehold Mortgagee, or its designee, within twenty (20) days after receipt of
such request, which new lease shall be effective as of the date of such
termination of this Lease for the remainder of the term of this Lease, at the
rent provided for herein, and upon the same terms, covenants, conditions and
agreements as are herein contained; provided that such Leasehold Mortgagee shall
(a) contemporaneously with the delivery of such request pay to Lessor all the
instalments of rent and all items of additional rent and other charges payable
by Lessee hereunder which are then due whether or not Lessor has specified them
as due in any notice to such holder given as provided in this Article; (b) pay
to Lessor at the time of the execution and delivery of said new lease any and
all sums for rent and additional rent and other charges payable by Lessee
hereunder to and and including the date thereof, together with all expenses,
including reasonable attorneys' fees, incurred by Lessor in connection with the
termination of this Lease and with the execution and delivery of such new lease,
less the net amount of all sums received by Lessor from any sublessees in
occupancy of any part or parts of the Demised Premises up to the date of
commencement of such new lease; and (c) on or prior to the execution and
delivery of said new lease, agree in writing that promptly following the
delivery of such new lease, such Leasehold Mortgagee or its designee will
perform or cause to be performed all of the other covenants and agreements
herein contained on Lessee's part to be performed to the extent that Lessee
shall have failed to perform the same to the date of delivery of such new lease
except such covenants and agreements which are not susceptible of performance by
such Leasehold Mortgagee. Nothing herein contained shall be deemed to impose any
obligation on the part of Lessor to deliver physical possession of the Demised
Premises to such Leasehold Mortgagee unless Lessor at the time of the execution
and delivery of such new lease shall have obtained physical possession thereof.
If more than one Lease-
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hold Mortgagee shall make written request upon Lessor for a new lease in
accordance with the provisions of this Section 13.06, then such new lease shall
be entered into pursuant to the request of the Leasehold Mortgagee whose
mortgage shall be junior in lien provided (i) all holders of Leasehold Mortgages
senior in lien thereto shall have been paid all instalments of interest and
amortization of principal then due and owing to such Leasehold Mortgagees plus
all expenses, including reasonable attorneys' fees, incurred by such senior
Leasehold Mortgagees in connection with the termination of this Lease and with
the execution and delivery of such new lease, (ii) the new lessee will assume,
in writing, all of the covenants, agreements and obligations on the part of the
mortgagor under such senior Leasehold Mortgages to be kept, observed and
performed on the part of such mortgagor, subject nevertheless to the terms and
conditions of such senior Leasehold Mortgage (which may contain exculpatory
provisions which shall inure to the benefit of such new lessee), (iii) such new
lease shall contain all of the same provisions and rights in favor of and for
the benefit of Leasehold Mortgagees thereof, as are contained in this Lease,
including but not limited to the right to obtain a new lease in the event of the
termination of said lease, and the right to receive notices of default, and to
cure the same, in the same manner as provided in this Lease and (iv) the holders
of Leasehold Mortgages senior in lien (at no expense to such holders) shall have
received from the respective title insurance companies insuring the respective
Leasehold Mortgages senior in lien assurances satisfactory to such senior
Leasehold Mortgagees that said Leasehold Mortgages senior in lien and any
assignment of rents and other security instruments executed in connection
therewith will continue, with respect to such new lease in the same manner and
order of priority of lien as was in existence with respect to this Lease; and
thereupon the leasehold estate of the new lessee created by such new lease shall
be subject to the lien of the senior Leasehold Mortgages in the same manner and
order of priority of lien as was in existence with respect to this Lease. In the
event not all of the foregoing provisos shall have been satisfied by or with
respect to any such Leasehold Mortgagee junior in lien, the Leasehold Mortgagee
immediately senior in lien to such junior Leasehold Mortgagee shall have
paramount rights to the benefits set forth in this Section 13.06 subject
nevertheless to the provisions hereof respecting any senior Leasehold
Mortgagees. In the event of any dispute as to the respective senior and junior
priorities of any such Leasehold Mortgages, the certification of such priorities
by a title company doing business in the state where the Demised Premises are
located, satisfactory to the Lessor, shall be conclusively binding on all
parties concerned. Lessor's obligation to enter into a new lease with any junior
Leasehold Mortgagee shall be subject to the receipt by Lessor of evidence
reasonably satisfactory to it that the conditions of clauses (i), (ii), and (iv)
above have been satisfied with respect to each holder of a Leasehold Mortgage
senior in lien thereto.
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The right of a Leasehold Mortgagee under this Section 13.06 to
request a new lease may, notwithstanding any limitation of time set forth above
in. this Section, be exercised by the holder of the senior Leasehold Mortgage
within twenty (20) days following the failure of the holder of a junior
Leasehold Mortgage to have exercised such right, but not more than sixty (60)
days after the giving of notice by Lessor of termination of this Lease as in
this Section provided.
SECTION 13.07. Except as provided in Section 13.06 hereof, if the
holder of a Leasehold Mortgage junior in lien to any other Leasehold Mortgage
shall fail or refuse to exercise the rights set forth in this Article Thirteen,
each holder of a Leasehold Mortgage in the inverse order of the seniority of
their respective liens shall have the right to exercise such rights subject to
the provisions of this Lease.
After the termination of this Lease and during the period thereafter
during which any Leasehold Mortgagee shall be entitled to enter into a new lease
of the Demised Premises, Lessor will not terminate any sublease and the rights
of the subtenant thereunder unless such subtenant shall be in default under such
sublease. During such period Lessor shall receive all rent and additional rent
and other payments due from subtenants, including subtenants whose attornment it
shall have agreed to accept, as agent of such Leasehold Mortgagee and shall
deposit such rents and payments in a separate and segregated account in trust
for the Demised Premises, but may withdraw such sums, from time to time, to pay
necessary operating expenses and carrying charges of the Demised Premises; and,
upon the execution and delivery of such new lease, shall account to the lessee
under the said new lease for the balance, if any (after application as
aforesaid) of the rent, additional rents and other payments made under said
subleases, and said lessee shall thereupon assign the rent, additional rents,
and other payments due under said subleases to any Leasehold Mortgagees of the
new lease in the same manner as such rentals and other payments had been
assigned to the Leasehold Mortgagees under this Lease. The collection of rent by
Lessor acting as an agent pursuant to this Section shall not be deemed an
acceptance by Lessor for its own account of the attornment of any subtenant
unless Lessor shall have agreed in writing with such subtenant that its tenancy
shall be continued following the expiration of any period during which a
Leasehold Mortgagee may be granted a new lease in which case such attornment
shall take place upon such expiration but not before.
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ARTICLE FOURTEEN
Cumulative Remedies -- Waiver -- Oral Change
SECTION 14.01. The specified remedies to which Lessor may resort
under the terms of this Lease are cumulative and are not intended to be
exclusive of any other remedies or means of regress to which Lessor may be
lawfully entitled in case of any breach or threatened breach by Lessee of any
provision of this Lease.
SECTION 14.02. The failure of Lessor to insist in any one or more
cases upon the strict performance of any of the terms, covenants, conditions,
provisions or agreements of this Lease or to exercise any option herein
contained shall not be construed as a waiver or a relinquishment for the future
of any such term, covenant, condition, provision, agreement or option. A receipt
and acceptance by Lessor of rent or any other payment, or the acceptance of
performance of anything required by this Lease to be performed, with knowledge
of the breach of any term, covenant, condition, provision or agreement of this
Lease, shall not be deemed a waiver of such breach, nor shall any such
acceptance of rent in a lesser amount than is herein provided for (regardless of
any endorsement on any check, or any statement in any letter accompanying any
payment of rent) operate or be construed either as an accord and satisfaction or
in any manner other than as payment on account of the earliest rent then unpaid
by Lessee, and no waiver by Lessor of any term, covenant, condition, provision
or agreement of this Lease shall be deemed to have been made unless expressed in
writing and signed by Lessor.
SECTION 14.03. In addition to the other remedies in this Lease
provided, Lessor shall be entitled to the restraint by injunction of any
violation or attempted or threatened violation, of any of the terms, covenants,
conditions, provisions or agreements of this Lease.
SECTION 14.04. This Lease shall not be affected by any laws,
ordinances or regulations, whether federal, state, county, city, municipal or
otherwise, which may be enacted or become effective from and after the date of
this Lease affecting or regulating or attempting to affect or regulate the rent
herein reserved or continuing in occupancy Lessee or any sublessees or assignees
of Lessee's interest in the Demised Premises beyond the dates of termination of
their respective leases, or otherwise.
SECTION 14.05. This Lease may not be changed orally, but only by
agreement in writing signed by the party against whom enforcement of the change,
modification or discharge is sought or by its agent.
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ARTICLE FIFTEEN
Quiet Enjoyment
SECTION 15.0x. Xxxxxx covenants that so long as Lesser shall pay the
rent provided for herein and shall keep, observe and perform all of the other
covenants of this Lease, and subject to the provisions of Sections 4.05 and
4.06, Lessee shall and may peaceably and quietly have, hold and enjoy the
Demised Premises for the Demised Term aforesaid free of interference from Lessor
or those claiming through or under Lessor. This covenant shall be construed as
running with the land to and against subsequent owners and successors in
interest, and is not, nor shall it operate or be construed as, a personal
covenant of Lessor, except to the extent of Lessor's interest in the Demised
Premises and only so long as such interest shall continue, and thereafter this
covenant shall be binding only upon such subsequent owners and successors in
interest, to the extent of their respective interests, as and when they shall
acquire the same, and only so long as they shall retain such interest.
ARTICLE SIXTEEN
Surrender of Premises
SECTION 16.01. Except as otherwise provided in this Lease, Lessee
shall, upon the expiration or termination of this Lease for any reason
whatsoever, surrender to Lessor the Demised Premises, together with all
alterations and replacements thereof then on the Demised Premises, in good
order, condition and repair, except for reasonable wear and tear. Title to all
trade fixtures, furniture and equipment (other than building equipment) of
Lessee and its sublessees installed in the Demised Premises during the Demised
Term shall remain in Lessee and in such sublessee, and, upon the expiration or
other termination of this Lease, the same may and, upon demand of Lessor, shall
be removed and any resultant damage to the Demised Premises shall be repaired,
by and at the expense of Lessee.
ARTICLE SEVENTEEN
Assignments, Subletting and Leasehold Mortgages
SECTION 17.01. Lessee shall have the right at any time during the
Demised Term to sublet the Demised Premises or any portion thereof and may, if
there is no default hereunder existing at the time, sell, assign or transfer its
leasehold interest therein, provided that any such sublease, sale, assignment or
transfer shall be subject to this Lease; and
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provided further, that Lessee shall remain liable to Lessor for the performance
of all the terms hereof.
SECTION 17.02. Lessee, without Lessor's consent, may mortgage the
leasehold estate under this Lease under a leasehold mortgage and/or deed of
trust at any time and from time to time, without limitation as to amount and on
any terms Lessee may deem desirable and in connection therewith may assign the
leasehold estate to the holder of such mortgage and/or deed of trust. Any such
mortgage and/or deed of trust at the time in effect, or if more than one such
mortgage and/or deed of trust shall at the time be in effect, is herein called a
"Leasehold Mortgage" and the holder thereof a "Leasehold Mortgagee", provided,
however, that said holder shall have notified Lessor and any Fee Mortgagee in
writing that it is the holder of a mortgage on the leasehold and of the name and
post office address to which all notices, requests, demands, consents,
certificates and other communications hereunder to it may be addressed. Lessor
and Lessee shall not agree between themselves to any cancellation, surrender or
modification of this Lease without the prior written consent of each Leasehold
Mortgagee. Lessor will give to each Leasehold Mortgagee a copy of any notice of
default from Lessor to Lessee hereunder at the time of giving such notice to
Lessee and will give notice of any rejection of this Lease by any trustee in
bankruptcy of Lessee.
SECTION 17.03. Lessee covenants that each sublease shall provide
that:
(a) It shall be subject to this Lease, the rights of Lessor therein,
and any modifications and extensions thereof; and
(b) In the event of termination of this Lease, and provided that
such sublease is in full force and effect, such sublease shall, at
Lessor's election, become a lease of the space and Improvements covered
thereby between the sublessee and Lessor upon all the terms and conditions
set forth in such sublease, including the options to renew the term
thereof; in such event, Lessor shall not be liable to the sublessee for
any defaults theretofore committed by Lessee.
SECTION 17.04. Lessee will deliver to Lessor and the holder of the
Fee Mortgage which is most senior in lien, with reasonable promptness after the
execution and deliver thereof, a copy of subleases of the Demised Premises, and,
with respect to assignments of Lessee's leasehold interest herein a copy of
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the assignment and assumption agreement entered into by assignee.
ARTICLE EIGHTEEN
Entire Agreement
SECTION 18.01. It is expressly understood and agreed by and between
the parties hereto that this Lease sets forth all the promises, agreements,
conditions and understandings between Lessor and Lessee with respect to the
Demised Premises, and that there are no promises, agreements, conditions or
understandings, either oral or written, between them other than are herein set
forth. It is further understood and agreed that no subsequent alteration,
amendment, change or addition to this Lease shall be binding upon Lessor or
Lessee unless reduced to writing and signed by them.
ARTICLE NINETEEN
Excavations on Adjoining Property
SECTION 19.01. If any excavation or other building operation shall
be about to be made or shall be made upon any adjoining premises or streets,
Lessee shall permit any third persons obligated by law to protect the Demised
Premises and their respective representatives, to enter upon the Demises
Premises and shore the foundations and walls thereof and to do any other act or
thing necessary for the safety or preservation of the Demised Premises, subject
to such reasonable conditions, including insurance and indemnities, as Leesee
shall impose upon such third persons.
ARTICLE TWENTY
Space In Areas Used for Highway or Other Public Purposes;
Grants of Easements in Certain Circumstances
SECTION 20.01. Any space or improvement now or hereafter built
projecting beyond the Demised Premises and on any highway or other area devoted
to public use may be occupied and used by Lessee during the Demised Term,
subject only to such laws, rules and regulations as may be imposed by the
appropriate governmental authorities with respect thereto. No revocation of the
license to maintain and use such areas shall in any way affect this Lease or the
amount of the rent or any other charge payable by Lessee hereunder. If any such
license so to maintain and use such areas shall be revoked, then Lessee will, at
its sole cost and expense, do and perform all such
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work as may be necessary to comply with any order revoking the same.
Section 20.02. Lessee is hereby authorized and empowered, for and in
behalf of Lessor, and as the attorney in fact of Lessor to make, execute,
acknowledge and deliver instruments in the form usually used for the purpose in
the state in which the instrument in question is to be effective, granting a
license or easement, with respect to the Demised Premises, to any person, and
the successors and assigns of such person, provided that the license or easement
fulfills the conditions set forth in clauses (vi), (vii) and (viii) and at least
one of the conditions set forth in clauses (i) through (v) below: (i) a license
or easement to lay mains, pipes, sewers, gas and electrical conduits along any
one of the boundaries of the Demised Premises, within a distance of not more
than 10 feet measured from the boundary in question and at a depth of not less
than 3 feet below the surface; (ii) a license or easement to locate telephone or
electrical supply poles, wires and supports along any one of the boundaries of
the Demised Premises, provided that no pole, wire or support shall encroach more
than 10 feet upon the property measured from such boundary; (iii) a license or
easement for one or more of the purposes described in clauses (i) and (ii) where
the encroachment upon the Demised Premises is to the extent of not more than 20
feet, provided that the grantee shall agree in the license or easement that the
grantee will, at the grantee's expense, relocate whatever property or
installation is placed or made on the Demised Premises pursuant to the license
or easement insofar as necessary and whenever required to avoid interference
with the construction or alteration of any building or improvement on the
Demised Premises; (iv) any license or easement which is terminable by Lessor or
Lessee, their respective successors or assigns, on not more than 90 days'
notice; (v) any license or easement which by its terms shall come to an end upon
the expiration, or any earlier termination of this Lease; (vi) any such license
or easement shall contain the agreement of the grantee thereof, at such
grantee's expense (a) to keep and maintain any property or installation which is
placed on the Demised Premises in good and safe repair at all times and in a
condition which complies with all legal requirements, (b) to pay and discharge
any tax of any name or nature imposed on such property or Installation, or the
license or easement, (c) to indemnify and hold Lessor and Lessee harmless for
and in respect of any claims, liabilities or responsibilities of any name or
nature which may be imposed on Lessor or Lessee or upon the Demised Premises by
reason of the granting of the license or easement, the maintenance of the
property or installations thereon or by reason of any other exercise of the
license or easement, and shall provide (d) that upon any default by the grantee
thereof, such license or easement may be terminated by the tenant or owner of
the Demised Premises on 30 days' written notice, and (e) that on any termination
or the expiration of the license or easement, the grantee will, at the
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grantee's expense, remove all property and installations and restore and repair
any damage or defacements of the Demised Premises or the Improvements, in
default whereof Lessor or Lessee or the tenant or owner of the Demised Premises
may do so for the grantee's account; (vii) no such license or easement shall
contain any obligation of any kind or nature whatever binding upon Lessor or
grantor thereof; and (viii) any such license or easement shall recite that the
same is made with the consent and approval of Lessee. Upon the granting of any
such license or easement Lessee shall notify Lessor thereof, shall furnish
Lessor with a duplicate original of the instrument in question and an opinion
from the office of Lessee's counsel to the effect that the license or easements
fulfills the conditions of this Section and is enforceable in accordance with
its terms and, with respect to any license or easement of the type described in
clauses (i), (ii) and (iii) above, the certificate of on authorized
representative of Lessee, to the effect that the granting of such license or
easement does not substantially impair the value or usefulness of the Demised
Premises.
SECTION 20.03. Lessee is hereby authorized and empowered, for and on
behalf of Lessor and as the attorney in fact of Lessor, to execute on Lessor's
behalf a consent or petition for any zoning change relating to the Demised
Premises where the zoning change is required for the purpose of authorizing the
operation of the Demised Premises for any purpose not inconsistent with the
terms of this Lease, or to join in any petition for a release from restrictive
covenants which interfere with the operation or improvement of the Demised
Premises for such purpose.
ARTICLE TWENTY-ONE
Estoppel Certificates
Section 21.01. Lessor and Lessee agree at any time and from time to
time, but not more frequently than twice each calendar year, upon not less than
ten (10) days' prior request by either, to execute, acknowledge and deliver to
the party requesting the same a statement in writing certifying that this Lease
is unmodified and is in full force and effect (or if there have been
modifications that the same is in full force and effect as modified and stating
the modifications), and the dates to which the rent and other charges have been
paid in advance, if any, it being intended that such statement delivered
pursuant to this Article may be relied upon by any prospective purchaser or
mortgagee of the Demised Premises or Lessee's interest in this Lease.
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ARTICLE TWENTY-TWO
Lessee's Options to Extend Term of Lease
SECTION 22.01. Lessor agrees that, provided no event of default
exists under this Lease at the time when any such option shall be exercised by
Lessee hereunder or at the expiration of the then current term of this Lease,
Lessee shall have the right and option to extend the term of this Lease for five
(5) successive, separate and additional terms of ten (10) years each, after the
expiration of the Demised Term, upon the same terms and conditions as are
contained in this Lease, as then amended or modified, except that, the rental
during such extended terms shall in such event be an amount equal to (x) in the
case of the first extended term, 110% of the Original Rent Amount (as defined in
the Lease Proper), and (y) in the case of each subsequent extended term, 110% of
the rental during the immediately preceding extended term; payable in each case
in equal instalments on the first day of each month during such extended terms,
and except that the number of extended terms permitted hereunder shall be
reduced by one upon each such extension, so that the entire term of this Lease
as so extended shall in no event exceed sixty-five (65) years (excluding any
Interim Term).
Each such extension option shall be exercised by written notice
given by Lessee to Lessor not less than nine (9) months prior to the date of
commencement of the extended term in question, and upon the giving of such
notice, the Demised Term shall thereupon be so extended without further act by
Lessor or Lessee. The failure of Lessee to exercise any option granted by this
Article Twenty-Two to extend the term of this Lease, shall automatically render
null and void any subsequent option herein granted to Lessee to extend the term
of this Lease.
ARTICLE TWENTY-THREE
Notices
Section 23.01. All notices, demands and requests by either party to
the other shall be in writing. All notices, demands and requests by Lessor to
Lessee shall be sent by United States registered or certified mail, postage
prepaid, addressed to Lessee at Its address set forth in the Lease Proper, or at
such other place as Lessee may from time to time designate in a written notice
to Lessor. All notice, demands and requests by Lessee to Lessor shall be sent by
Lessee by United States registered or certified mail, postage prepaid, addressed
to Lessor at its address set forth in the Lease Proper, or at such other place
within the continental limits of
31
41
the United States as Lessor may from time to time designate in a written notice
to Lessee. Notices, demands and requests which shall be served upon Lessor or
Lessee in the manner aforesaid shall be deemed to have been served or given for
all purposes hereunder at the time such notice, demand or request shall be
mailed by United States registered or certified mail as aforesaid, in any post
office or branch post office regularly maintained by the United States
Government.
ARTICLE TWENTY-FOUR
Invalidity; Counterparts
SECTION 24.01. If any term or provision of this Lease or the
application thereof to any person or circumstance shall to any extent be invalid
or unenforceable, the remainder of this Lease, or the application of such term
or provision to persons or circumstances other than those as to which it is
invalid or unenforceable, shall not be effected thereby, and each term of this
Lease shall be valid and be enforced to the fullest extent permitted by law.
SECTION 24.02. This Lease may be signed by Lessor and Lessee upon
separate copies, in which event a copy signed by Lessor and a copy signed by
Lessee shall collectively constitute a single counterpart of this Lease. Only
one counterpart need be produced or accounted for in making proof of this Lease.
ARTICLE TWENTY-FIVE
Appraisal
SECTION 25.01. Whenever in this Lease it is provided that any
question shall be determined by appraisers, such questions shall be submitted to
a board of appraisers, three in number, each of whom shall be a qualified member
of the American Institute of Real Estate Appraisers, or any successor of such
Institute, or if such organization or successor shall no longer be in existence,
a recognized national association or institute of appraisers, and the decision
of a majority of said appraisers shall be final and conclusive upon the parties
hereto. Each party hereto shall designate one of said appraisers and the two
appraisers so designated shall select the third appraiser. The appraisers shall
make their determination as promptly as possible. Subject to the foregoing, the
appraisal shall be conducted in accordance with the laws, if any, of the state
in which the Demised Premises are located, applicable to arbitration. Lessee
agrees to pay all fees and expenses of appraisers relating to each such
determination.
32
42
ARTICLE TWENTY-SIX
Provisions Upon Conveyance
Section 26.01. In the event of any purchase by Lessee or Lessee's
nominee of the Demised Premises under any provision of this Lease, Lessor shall
be obligated to convey to Lessee or Lessee's nominee, as the case may be, such
title as was conveyed to Lessor immediately prior to the execution of this
Lease, free and clear of all liens, encumbrances and defects except those in
existence on the date hereof or those caused, created or suffered to attach by
Lessee or by Lessor with the consent of Lessee and subject to real estate taxes,
assessments and other charges referred to in Section 3.01 hereof and any other
matter for which Lessor is not responsible; and Lessee or Lessee's nominee shall
accept such title or interest subject to zoning rules, restrictions,
regulations, resolutions, ordinances, building restrictions and governmental
regulations in effect at the time of purchase and to any violations of building
codes, fire laws, and other laws and regulations, and Lessee or Lessee's nominee
shall pay all charges, taxes; stamp and transfer taxes, expenses and fees
incident to the conveyance including reasonable counsel fees of Lessor, escrow
fees, if any, recording fees, title insurance premiums and any other applicable
federal, state and local taxes of any character or description. The deed shall
be in the same form as the deed used to convey title to the Demised Premises to
Lessor immediately prior to the execution of this Lease, provided, however, that
if Lessor is not the original Lessor hereunder and acquired the Demised Premises
in the exercise of any of its rights under a mortgage or deed of trust or in
lieu of such exercise, then the deed shall be a quitclaim deed. The delivery of
the consideration shall be made in New York funds by official bank check or
certified checks of the grantee in such conveyance, payable to Lessor or its
nominee, provided, however, if there is a Fee Mortgage in effect, the
consideration shall be payable to the holder of the Fee Mortgage which is most
senior in lien. Upon the completion of such purchase and the payment of the
purchase price this Lease, if it shall not theretofore have expired or
terminated pursuant to any provision hereof, shall terminate, except with
respect to obligations and liabilities of Lessee under this Lease, actual or
contingent, which have arisen prior thereto.
ARTICLE TWENTY-SEVEN
Covenants to Bind and Benefit Respective Parties
SECTION 27.01. Subject to the provisions of Article Twenty, the
terms, conditions, covenants, provisions and agreements herein contained shall
be binding upon and inure to the
33
43
benefit of Lessor, their successors and assigns, and Lessee, its successors and
assigns.
ARTICLE TWENTY-EIGHT
Covenant to Operate: Economic Abandonment
SECTION 28.01. During the Demised Term, Lessee shall continuously
operate the Demised Premises for any lawful purpose provided that a portion of
the Demised Premises is used for the sale of gasoline.
SECTION 28.02. If, during the Demised Term, Lessee determines that
the Demised Premises have become uneconomic or unsuitable for their then use and
occupancy and Lessee has discontinued use of the Demised Premises or intends to
discontinue use of the Demised Premises for a period of not less than one year
from the date of said determination, Lessee may terminate this Lease by giving
notice to Lessor of Lessee's intention so to terminate. Said notice shall be
delivered to Lessor at least sixty (60) days prior to the effective date of such
termination specified in said notice and shall be accompanied by a certificate
of an officer of Lessee to the effect that Lessee has determined that the
Demised Premises have become uneconomic or unsuitable for their then use and
occupancy and that Lessee has discontinued or intends to discontinue use of the
Demised Premises for a period of not less than one year from the date of said
determination. Said notice of termination shall be deemed to constitute an
agreement by Lessor to sell to Lessee, and by Lessee to purchase from Lessor,
Lessor's interest in the Demised Premises for a sum equal to the greater of (x)
the product of the rent then in effect multiplied by eleven (11) or (y) 110% of
the appraised fair market value of the Demised Premises considered as encumbered
by this Lease. On the applicable date of termination of this Lease provided for
in said notice, Lessor shall transfer and convey the Demised Premises to Lessee
in the manner provided in Article Twenty-Six hereof.
34
44
SCHEDULE B
List of Fixed Rent Amounts for each Station
45
Leemilt's Properties
F/Y 1998 F/Y 1999 F/Y 2000 F/Y 2001 F/Y 2002 F/Y 2003 F/Y 2004
Reg Prop. Loc. Rent Rent Rent Rent Rent Rent Rent
# Type # Town State Expense Expense Expense Expense Expense Expense Expense
-----------------------------------------------------------------------------------------------------------------------------------
000 X 0 Xxxxxxxx XX 38,861 38,864 38,864 38,864 38,864 38,864 38,864
000 X 0 Xxxxxxx XX 26,361 28,384 28,384 28,384 28,384 28,384 28,384
000 X 0 Xxxx Xxxx XX 32,748 32,744 32,744 32,744 32,744 32,744 32,744
000 X 00 Xxxxxxxx XX 37,551 37,552 37,552 37,552 37,552 37,552 37,552
000 X 00 Xxxxx XX 38,861 38,864 38,864 38,864 38,864 38,864 38,864
000 X 00 Xxxxxx XX 42,354 42,352 42,352 42,352 42,352 42,352 42,352
000 X 00 Xxxxx XX 20,762 25,760 25,760 25,760 25,760 25,760 25,760
000 X 00 Xxxxxxxxx XX 34,058 34,056 34,056 34,054 34,054 34,054 34,054
000 X 00 Xxxxxxxxx XX 32,748 32,744 32,744 32,744 32,744 32,744 32,744
000 X 00 Xxxxxxxxx XX 37,114 37,112 37,112 37,112 37,112 37,112 37,112
000 X 00 Xxxxxx Xxxxxx XX 32,748 32,744 32,744 32,744 32,744 32,744 32,744
000 X 00 X. Xxxxx XX 35,804 35,808 35,808 35,006 35,006 35,006 35,006
000 X 00 X. Xxxxx XX 42,791 42,792 42,792 42,792 42,792 42,792 42,792
000 X 00 Xxxxxxxxx XX 36,678 34,680 34,680 34,660 34,660 34,660 34,660
000 X 00 Xxxxxxxx XX 86,018 84,016 84,016 84,016 84,016 84,016 84,016
000 X 00 Xxxxxx Xxxxx XX 52,397 52,400 52,400 52,400 52,400 52,400 52,400
000 X 000 Xxxxxx XX 118,329 118,328 118,328 110,328 110,328 110,328 110,328
000 X 000 Xxxxxx Xxxxxxx XX 37,551 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 Xxxxxxx XX 45,410 46,408 46,408 46,408 46,408 46,408 46,408
000 X 000 Xxxxxxx XX 99,563 99,552 99,552 99,552 99,552 99,552 99,552
000 X 000 Xxxxxxxxxxxx XX 48,467 48,464 48,464 48,464 48,464 48,464 48,464
000 X 000 Xxxxxx XX 45,847 45,848 45,848 45,849 45,849 45,849 45,849
000 X 000 Xxxxxxxx XX 25,325 25,328 25,328 25,326 25,326 25,326 25,326
000 X 000 Xxxx Xxxxxxx XX 13,972 13,976 13,976 13,971 13,971 13,971 13,971
000 X 000 Xxxxxxxxxx Xxxxx XX 45,847 45,548 45,548 45,548 45,548 45,548 45,548
000 X 000 Xxxxx Xxxxx XX 49,777 49,776 49,776 49,716 49,716 49,716 49,716
000 X 000 Xxxxxxxx XX 25,762 25,760 25,760 25,760 25,760 25,760 25,760
000 X 000 Xxxxxxxxxxxx XX 20,959 20,960 20,960 20,960 20,960 20,960 20,960
000 X 000 Xxxxxxxxxxxxx XX 34,494 34,496 34,496 34,494 34,494 34,494 34,494
000 X 000 Xxxxx XX 46,720 46,720 46,720 46,720 46,720 46,720 46,720
000 X 000 Xxxxxx XX 30,565 30,568 30,568 30,568 30,568 30,568 30,568
000 X 000 X. Xxxxxx XX 31,875 31,872 31,872 31,672 31,672 31,672 31,672
000 X 000 Xxxxx XX 56,763 56,760 56,760 54,160 54,160 54,160 54,160
000 X 000 Xxx Xxxx XX 91,694 91,696 91,696 91,691 91,691 91,691 91,691
000 X 000 Xxxxxxx XX 32,748 32,744 32,744 32,744 32,744 32,744 32,744
000 X 000 Xxxxxx Xxxxxxx XX 73,792 73,792 73,792 73,192 73,192 73,192 73,192
000 X 000 XXX XX 68,116 68,112 68,112 66,112 66,112 66,112 66,112
000 X 000 Xxxxxxxx XX 38,424 38,424 38,424 38,424 38,424 38,424 38,424
000 X 000 Xxxxxxxx Xxx XX 32,748 32,744 32,744 32,744 32,744 32,744 32,744
000 X 000 Xxxxxxxx XX 37,501 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 Xxxxxxxx XX 37,551 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 X. Xxxxxx XX 47,594 47,592 47,592 47,592 47,592 47,592 47,592
F 252 Mt. Xxxxxx NY 143,251 143,251 143,251 143,251 143,251 143,251 143,251
000 X 000 Xxxxx XX 25,762 25,760 25,760 25,760 25,760 25,760 25,760
000 X 000 Xxxxx XX 52,397 52,400 52,400 52,400 52,400 52,400 52,400
000 X 000 Xxxxx XX 37,551 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 Xxxxx XX 35,804 35,808 35,808 35,808 35,808 35,808 35,808
000 X 000 Xxxxx XX 29,255 29,266 29,266 29,266 29,266 29,266 29,266
000 X 000 Xxxxx XX 52,833 52,832 52,832 52,832 52,832 52,832 52,832
000 X 000 Xxxxx XX 27,508 77,512 77,512 77,512 77,512 77,512 77,512
000 X 000 Xxxxx XX 30,565 30,568 30,568 30,568 30,568 30,568 30,568
000 X 000 Xxxxx XX 25,325 25,328 25,328 25,328 25,328 25,328 25,328
000 X 000 Xxxxx XX 18,775 18,776 18,776 18,776 18,776 18,776 18,776
000 X 000 Xxxxx XX 41,594 47,592 47,592 47,592 47,592 47,592 47,592
000 X 000 Xxxxxxx XX 83,398 83,400 83,400 83,400 83,400 83,400 83,400
000 X 000 Xxxxxxxx High. NJ 26,635 24,632 24,632 24,632 24,632 24,632 24,632
000 X 000 Xxxxxxxx XX 29,255 29,256 29,256 29,256 29,256 29,256 29,256
000 X 000 X. Xxxxxxxxx XX 35,368 35,368 35,368 35,368 35,368 35,368 35,368
000 X 000 Xxxxxxxxx XX 53,706 53,704 53,704 53,704 53,704 53,704 53,704
F/Y 2005 F/Y 2006 F/Y 2007 F/Y 2008 F/Y 2009 F/Y 2010 F/Y 2011
Reg Prop. Loc. Rent Rent Rent Rent Rent Rent Rent
# Type # Town State Expense Expense Expense Expense Expense Expense Expense
------------------------------------------------------------------------------------------------------------------------------------
000 X 0 Xxxxxxxx XX 38,864 38,864 38,864 38,864 38,864 38,864 38,864
000 X 0 Xxxxxxx XX 28,384 28,384 28,384 28,384 28,384 28,384 28,384
000 X 0 Xxxx Xxxx XX 32,744 32,744 32,744 32,744 32,744 32,744 32,744
000 X 00 Xxxxxxxx XX 37,552 37,552 37,552 37,552 37,552 37,552 37,552
000 X 00 Xxxxx XX 38,864 38,864 38,864 38,864 38,864 38,864 38,864
000 X 00 Xxxxxx XX 42,352 42,352 42,352 42,352 42,352 42,352 42,352
000 X 00 Xxxxx XX 25,760 25,760 25,760 25,760 25,760 25,760 25,760
000 X 00 Xxxxxxxxx XX 34,054 34,054 34,054 34,054 34,054 34,054 34,054
000 X 00 Xxxxxxxxx XX 32,744 32,744 32,744 32,744 32,744 32,744 32,744
000 X 00 Xxxxxxxxx XX 37,112 37,112 37,112 37,112 37,112 37,112 37,112
000 X 00 Xxxxxx Xxxxxx XX 32,744 32,744 32,744 32,744 32,744 32,744 32,744
000 X 00 X. Xxxxx XX 35,006 35,006 35,006 35,006 35,006 35,006 35,006
000 X 00 X. Xxxxx XX 42,792 42,792 42,792 42,792 42,792 42,792 42,792
000 X 00 Xxxxxxxxx XX 34,660 34,660 34,660 34,660 34,660 34,660 34,660
000 X 00 Xxxxxxxx XX 84,016 84,016 84,016 84,016 84,016 84,016 84,016
000 X 00 Xxxxxx Xxxxx XX 52,400 52,400 52,400 52,400 52,400 52,400 52,400
000 X 000 Xxxxxx XX 110,328 110,328 110,328 110,328 110,328 110,328 110,328
000 X 000 Xxxxxx Xxxxxxx XX 37,552 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 Xxxxxxx XX 46,408 46,408 46,408 46,408 46,408 46,408 46,408
000 X 000 Xxxxxxx XX 99,552 99,552 99,552 99,552 99,552 99,552 99,552
000 X 000 Xxxxxxxxxxxx XX 48,464 48,464 48,464 48,464 48,464 48,464 48,464
000 X 000 Xxxxxx XX 45,849 45,849 45,849 45,849 45,849 45,849 45,849
000 X 000 Xxxxxxxx XX 25,326 25,326 25,326 25,326 25,326 25,326 25,326
000 X 000 Xxxx Xxxxxxx XX 13,971 13,971 13,971 13,971 13,971 13,971 13,971
000 X 000 Xxxxxxxxxx Xxxxx XX 45,548 45,548 45,548 45,548 45,548 45,548 45,548
000 X 000 Xxxxx Xxxxx XX 49,716 49,716 49,716 49,716 49,716 49,716 49,716
000 X 000 Xxxxxxxx XX 25,760 25,760 25,760 25,760 25,760 25,760 25,760
000 X 000 Xxxxxxxxxxxx XX 20,960 20,960 20,960 20,960 20,960 20,960 20,960
000 X 000 Xxxxxxxxxxxxx XX 34,494 34,494 34,494 34,494 34,494 34,494 34,494
000 X 000 Xxxxx XX 46,720 46,720 46,720 46,720 46,720 46,720 46,720
000 X 000 Xxxxxx XX 30,568 30,568 30,568 30,568 30,568 30,568 30,568
000 X 000 X. Xxxxxx XX 31,672 31,672 31,672 31,672 31,672 31,672 31,672
000 X 000 Xxxxx XX 54,160 54,160 54,160 54,160 54,160 54,160 54,160
000 X 000 Xxx Xxxx XX 91,691 91,691 91,691 91,691 91,691 91,691 91,691
000 X 000 Xxxxxxx XX 32,744 32,744 32,744 32,744 32,744 32,744 32,744
000 X 000 Xxxxxx Xxxxxxx XX 73,192 73,192 73,192 73,192 73,192 73,192 73,192
000 X 000 XXX XX 66,112 66,112 66,112 66,112 66,112 66,112 66,112
000 X 000 Xxxxxxxx XX 38,424 38,424 38,424 38,424 38,424 38,424 38,424
000 X 000 Xxxxxxxx Xxx XX 32,744 32,744 32,744 32,744 32,744 32,744 32,744
000 X 000 Xxxxxxxx XX 37,552 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 Xxxxxxxx XX 37,552 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 X. Xxxxxx XX 47,592 47,592 47,592 47,592 47,592 47,592 47,592
F 252 Mt. Xxxxxx NY 143,251 143,251 143,251 143,251 143,251 143,251 143,251
000 X 000 Xxxxx XX 25,760 25,760 25,760 25,760 25,760 25,760 25,760
000 X 000 Xxxxx XX 52,400 52,400 52,400 52,400 52,400 52,400 52,400
000 X 000 Xxxxx XX 37,552 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 Xxxxx XX 35,808 35,808 35,808 35,808 35,808 35,808 35,808
000 X 000 Xxxxx XX 29,266 29,266 29,266 29,266 29,266 29,266 29,266
000 X 000 Xxxxx XX 52,832 52,832 52,832 52,832 52,832 52,832 52,832
000 X 000 Xxxxx XX 77,512 77,512 77,512 77,512 77,512 77,512 77,512
000 X 000 Xxxxx XX 30,568 30,568 30,568 30,568 30,568 30,568 30,568
000 X 000 Xxxxx XX 25,328 25,328 25,328 25,328 25,328 25,328 25,328
000 X 000 Xxxxx XX 18,776 18,776 18,776 18,776 18,776 18,776 18,776
000 X 000 Xxxxx XX 47,592 47,592 47,592 47,592 47,592 47,592 47,592
000 X 000 Xxxxxxx XX 83,400 83,400 83,400 83,400 83,400 83,400 83,400
000 X 000 Xxxxxxxx High. NJ 24,632 24,632 24,632 24,632 24,632 24,632 24,632
000 X 000 Xxxxxxxx XX 29,256 29,256 29,256 29,256 29,256 29,256 29,256
000 X 000 X. Xxxxxxxxx XX 35,368 35,368 35,368 35,368 35,368 35,368 35,368
000 X 000 Xxxxxxxxx XX 53,704 53,704 53,704 53,704 53,704 53,704 53,704
F/Y 2012 Total
Reg Prop. Loc. Rent Rent
# Type # Town State Expense Expense
---------------------------------------------------------------------------
000 X 0 Xxxxxxxx XX 38,864 582,957
000 X 0 Xxxxxxx XX 28,384 423,737
000 X 0 Xxxx Xxxx XX 32,744 491,164
000 X 00 Xxxxxxxx XX 37,552 563,279
000 X 00 Xxxxx XX 38,864 582,957
000 X 00 Xxxxxx XX 42,352 635,282
000 X 00 Xxxxx XX 25,760 381,402
000 X 00 Xxxxxxxxx XX 34,054 510,818
000 X 00 Xxxxxxxxx XX 32,744 491,164
000 X 00 Xxxxxxxxx XX 37,112 556,682
000 X 00 Xxxxxx Xxxxxx XX 32,744 491,164
000 X 00 X. Xxxxx XX 35,006 527,492
000 X 00 X. Xxxxx XX 42,792 641,879
000 X 00 Xxxxxxxxx XX 34,660 521,958
000 X 00 Xxxxxxxx XX 84,016 1,262,242
000 X 00 Xxxxxx Xxxxx XX 52,400 785,997
000 X 000 Xxxxxx XX 110,328 1,678,921
000 X 000 Xxxxxx Xxxxxxx XX 37,552 563,279
000 X 000 Xxxxxxx XX 46,408 695,122
000 X 000 Xxxxxxx XX 99,552 1,493,291
000 X 000 Xxxxxxxxxxxx XX 48,464 726,963
000 X 000 Xxxxxx XX 45,849 687,731
000 X 000 Xxxxxxxx XX 25,326 379,893
000 X 000 Xxxx Xxxxxxx XX 13,971 209,576
000 X 000 Xxxxxxxxxx Xxxxx XX 45,548 683,519
000 X 000 Xxxxx Xxxxx XX 49,716 745,921
000 X 000 Xxxxxxxx XX 25,760 386,402
000 X 000 Xxxxxxxxxxxx XX 20,960 314,399
000 X 000 Xxxxxxxxxxxxx XX 34,494 517,414
000 X 000 Xxxxx XX 46,720 700,800
000 X 000 Xxxxxx XX 30,568 458,517
000 X 000 X. Xxxxxx XX 31,672 475,683
000 X 000 Xxxxx XX 54,160 820,203
000 X 000 Xxx Xxxx XX 91,691 1,375,378
000 X 000 Xxxxxxx XX 32,744 491,164
000 X 000 Xxxxxx Xxxxxxx XX 73,192 1,099,680
000 X 000 XXX XX 66,112 997,684
000 X 000 Xxxxxxxx XX 38,424 576,360
000 X 000 Xxxxxxxx Xxx XX 32,744 491,164
000 X 000 Xxxxxxxx XX 37,552 563,229
000 X 000 Xxxxxxxx XX 37,552 563,279
000 X 000 X. Xxxxxx XX 47,592 000,000
X 000 Xx. Xxxxxx XX 143,251 2,148,765
000 X 000 Xxxxx XX 25,760 386,402
000 X 000 Xxxxx XX 52,400 785,997
000 X 000 Xxxxx XX 37,552 563,279
000 X 000 Xxxxx XX 35,808 537,116
000 X 000 Xxxxx XX 29,266 438,979
000 X 000 Xxxxx XX 52,832 792,481
000 X 000 Xxxxx XX 77,512 1,112,676
000 X 000 Xxxxx XX 30,568 458,517
000 X 000 Xxxxx XX 25,328 379,917
000 X 000 Xxxxx XX 18,776 281,639
000 X 000 Xxxxx XX 47,592 707,882
000 X 000 Xxxxxxx XX 83,400 1,250,998
000 X 000 Xxxxxxxx High. NJ 24,632 371,483
000 X 000 Xxxxxxxx XX 29,256 438,839
000 X 000 X. Xxxxxxxxx XX 35,368 530,520
000 X 000 Xxxxxxxxx XX 53,704 805,562
Page 1 of 6
46
Leemilt's Properties
F/Y 1998 F/Y 1999 F/Y 2000 F/Y 2001 F/Y 2002 F/Y 2003 F/Y 2004
Reg Prop. Loc. Rent Rent Rent Rent Rent Rent Rent
# Type # Town State Expense Expense Expense Expense Expense Expense Expense
------------------------------------------------------------------------------------------------------------------------------------
000 X 000 Xxx Xxxxxx XX 71,603 71,608 71,608 71,608 71,608 71,608 71,608
000 X 000 Xxxxxxxx XX 59,382 59,384 59,384 59,384 59,384 59,384 59,384
000 X 000 Xxxxxxxx XX 28,381 29,384 29,384 29,384 29,384 29,384 29,384
000 X 000 Xxxxxx Xxxxxxx XX 37,551 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 X Xx0xxx XX 42,354 42,352 42,352 42,352 42,352 42,352 42,352
000 X 000 Xxxxxxxxxx Xxxxx XX 87,328 87,328 87,328 87,328 87,328 87,328 87,328
000 X 000 Xxxxx XX 38,424 38,424 38,424 38,424 38,424 38,424 38,424
000 X 000 Xxxxx XX 38,424 38,424 38,424 38,424 38,424 38,424 38,424
000 X 000 Xxxxx XX 69,819 59,816 59,816 59,816 59,816 59,816 59,816
000 X 000 Xxxxx XX 34,931 34,928 34,928 34,928 34,928 34,928 34,928
000 X 000 Xxxxxxxx XX 37,551 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 Xxxxxxxx XX 28,381 26,384 26,384 26,384 26,384 26,384 26,384
000 X 000 Xxx Xxxx XX 79,905 79,904 79,904 79,904 79,904 79,904 79,904
000 X 000 Xxx Xxxx XX 100,427 100,424 100,424 100,424 100,424 100,424 100,424
000 X 000 Xxx Xxxx XX 47,157 47,160 41,160 41,160 41,160 41,160 41,160
000 X 000 Xxxxxxxx XX 67,242 67,240 67,240 67,240 67,240 67,240 67,240
000 X 000 Xxxxx Xxxx XX 63,749 63,752 63,752 63,752 63,752 63,752 63,752
000 X 000 XXX XX 35,368 35,368 35,368 35,368 35,368 35,368 35,368
000 X 000 Xxxxxxxxx XX 48,030 48,032 48,032 48,032 48,032 48,032 48,032
000 X 000 Xxxxxxx XX 60,256 60,256 60,256 60,256 60,256 60,256 60,256
000 X 000 X. Xxxxxxxxxx XX 33,184 33,184 31,184 31,184 31,184 31,184 31,184
000 X 000 Xxxxxxxx XX 56,326 56,328 56,328 56,328 56,328 56,328 56,328
000 X 000 Xxxxxxxx XX 37,551 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 X. Xxxxx XX 116,562 116,584 116,304 116,304 116,304 116,304 116,304
000 X 000 X. Xxxxxxx XX 45,410 45,408 45,408 45,408 45,408 45,408 45,408
000 X 000 Xxxxxxxxxx XX 67,679 67,680 67,680 67,680 67,680 67,680 67,680
000 X 000 Xxxxx Xxxxx XX 96,934 96,936 96,936 96,936 96,936 96,936 96,936
000 X 000 Xxxxxx Xxxxx XX 37,551 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 Xxxxxxxx XX 37,551 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 X. Xxxxxxxxx XX 30,368 35,368 35,368 35,368 35,368 35,368 35,368
000 X 000 Xxxxxxxxxx XX 37,551 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 Xxxxxxxx XX 44,974 44,976 44,976 44,976 44,976 44,976 44,976
000 X 000 Xxxx. Xxxx. XX 25,762 25,760 25,760 25,760 25,760 25,760 25,760
000 X 000 Xxxxxxx XX 37,988 37,984 37,984 37,984 37,984 37,984 37,984
000 X 000 Xxxxxx XX 65,016 65,016 65,016 65,016 65,016 65,016 65,016
000 X 000 Xxxxxx XX 34,058 34,056 34,056 34,056 34,056 34,056 34,056
000 X 000 Xxxxxxxxxx XX 45,847 45,848 45,848 45,848 45,848 45,848 45,848
000 X 000 X. Xxxxxxx XX 47,157 47,160 47,160 47,160 47,160 47,160 47,160
000 X 000 X. Xxxxx XX 47,157 47,160 47,160 47,160 47,160 47,160 47,160
102 F 552 Port. Wash. NY 44,974 44,976 44,976 44,974 44,974 44,974 44,974
000 X 000 Xxxxxxxx XX 23,576 23,576 23,576 23,676 23,676 23,676 23,676
000 X 000 XXX XX 37,551 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 Xxxxxxxx XX 56,326 56,328 56,328 56,328 56,328 56,328 56,328
000 X 000 Xxxxxxxxxx XX 27,945 27,944 27,944 27,944 27,944 27,944 27,944
000 X 000 Xxxxxxx XX 34,494 34,496 34,496 34,496 34,496 34,496 34,496
102 F 000 Xxxx Xxxxxxxx XX 20,522 20,520 20,520 20,520 20,520 20,520 20,520
000 X 000 Xxxxxxxx XX 48,467 48,464 48,464 48,464 48,464 48,464 48,464
000 X 000 Xxxxxxxxxx XX 32,748 32,744 32,744 32,744 32,744 32,744 32,744
102 F 000 Xxxxxxx XX 28,381 28,384 28,384 28,384 28,384 28,384 28,384
000 X 000 Xxxxxxxxx XX 43,227 43,224 43,224 43,224 43,224 43,224 43,224
000 X 000 Xxxxxxx XX 40,607 40,608 40,608 40,408 40,408 40,408 40,408
000 X 000 Xxxxxxx XX 49,777 49,776 49,776 49,776 49,776 49,776 49,776
000 X 000 Xxxxxxxx XX 41,044 41,040 41,040 41,040 41,040 41,040 41,040
000 X 000 Xxxxxxxxxxx XX 37,551 37,552 37,552 37,552 37,552 37,552 37,552
102 F 000 Xxxxx Xxxxxxx XX 32,311 32,312 32,312 32,312 32,312 32,312 32,312
102 F 603 Stafford Spgs. CT 35,368 35,368 35,368 35,368 35,368 35,368 35,368
000 X 000 Xxxxxxxxxx XX 19,649 19,648 19,648 19,648 19,648 19,648 19,648
000 X 000 Xxxxxxx CT 31,875 31,872 31,872 31,872 31,872 31,872 31,872
000 X 000 Xxxxx Xxxx XX 47,594 47,592 47,592 47,592 47,592 47,592 47,592
F/Y 2005 F/Y 2006 F/Y 2007 F/Y 2008 F/Y 2009 F/Y 2010
Reg Prop. Loc. Rent Rent Rent Rent Rent Rent
# Type # Town State Expense Expense Expense Expense Expense Expense
------------------------------------------------------------------------------------------------------------------------------
000 X 000 Xxx Xxxxxx XX 71,608 71,608 71,608 71,608 71,608 71,608
000 X 000 Xxxxxxxx XX 59,384 59,384 59,384 59,384 59,384 59,384
000 X 000 Xxxxxxxx XX 29,384 29,384 29,384 29,384 29,384 29,384
000 X 000 Xxxxxx Xxxxxxx XX 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 X Xx0xxx XX 42,352 42,352 42,352 42,352 42,352 42,352
000 X 000 Xxxxxxxxxx Xxxxx XX 87,328 87,328 87,328 87,328 87,328 87,328
000 X 000 Xxxxx XX 38,424 38,424 38,424 38,424 38,424 38,424
000 X 000 Xxxxx XX 38,424 38,424 38,424 38,424 38,424 38,424
000 X 000 Xxxxx XX 59,816 59,816 59,816 59,816 59,816 59,816
000 X 000 Xxxxx XX 34,928 34,928 34,928 34,928 34,928 34,928
000 X 000 Xxxxxxxx XX 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 Xxxxxxxx XX 26,384 26,384 26,384 26,384 26,384 26,384
000 X 000 Xxx Xxxx XX 79,904 79,904 79,904 79,904 79,904 79,904
000 X 000 Xxx Xxxx XX 100,424 100,424 100,424 100,424 100,424 100,424
000 X 000 Xxx Xxxx XX 41,160 41,160 41,160 41,160 41,160 41,160
000 X 000 Xxxxxxxx XX 67,240 67,240 67,240 67,240 67,240 67,240
000 X 000 Xxxxx Xxxx XX 63,752 63,752 63,752 63,752 63,752 63,752
000 X 000 XXX XX 35,368 35,368 35,368 35,368 35,368 35,368
000 X 000 Xxxxxxxxx XX 48,032 48,032 48,032 48,032 48,032 48,032
000 X 000 Xxxxxxx XX 60,256 60,256 60,256 60,256 60,256 60,256
000 X 000 X. Xxxxxxxxxx XX 31,184 31,184 31,184 31,184 31,184 31,184
000 X 000 Xxxxxxxx XX 56,328 56,328 56,328 56,328 56,328 56,328
000 X 000 Xxxxxxxx XX 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 X. Xxxxx XX 116,304 116,304 116,304 116,304 116,304 116,304
000 X 000 X. Xxxxxxx XX 45,408 45,408 45,408 45,408 45,408 45,408
000 X 000 Xxxxxxxxxx XX 67,680 67,680 67,680 67,680 67,680 67,680
000 X 000 Xxxxx Xxxxx XX 96,936 96,936 96,936 96,936 96,936 96,936
000 X 000 Xxxxxx Xxxxx XX 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 Xxxxxxxx XX 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 X. Xxxxxxxxx XX 35,368 35,368 35,368 35,368 35,368 35,368
000 X 000 Xxxxxxxxxx XX 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 Xxxxxxxx XX 44,976 44,976 44,976 44,976 44,976 44,976
000 X 000 Xxxx. Xxxx. XX 25,760 25,760 25,760 25,760 25,760 25,760
000 X 000 Xxxxxxx XX 37,984 37,984 37,984 37,984 37,984 37,984
000 X 000 Xxxxxx XX 65,016 65,016 65,016 65,016 65,016 65,016
000 X 000 Xxxxxx XX 34,056 34,056 34,056 34,056 34,056 34,056
000 X 000 Xxxxxxxxxx XX 45,848 45,848 45,848 45,848 45,848 45,848
000 X 000 X. Xxxxxxx XX 47,160 47,160 47,160 47,160 47,160 47,160
000 X 000 X. Xxxxx XX 47,160 47,160 47,160 47,160 47,160 47,160
102 F 552 Port. Wash. NY 44,974 44,974 44,974 44,974 44,974 44,974
000 X 000 Xxxxxxxx XX 23,676 23,676 23,676 23,676 23,676 23,676
000 X 000 XXX XX 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 Xxxxxxxx XX 56,328 56,328 56,328 56,328 56,328 56,328
000 X 000 Xxxxxxxxxx XX 27,944 27,944 27,944 27,944 27,944 27,944
000 X 000 Xxxxxxx XX 34,496 34,496 34,496 34,496 34,496 34,496
102 F 000 Xxxx Xxxxxxxx XX 20,520 20,520 20,520 20,520 20,520 20,520
000 X 000 Xxxxxxxx XX 48,464 48,464 48,464 48,464 48,464 48,464
000 X 000 Xxxxxxxxxx XX 32,744 32,744 32,744 32,744 32,744 32,744
102 F 000 Xxxxxxx XX 28,384 28,384 28,384 28,384 28,384 28,384
000 X 000 Xxxxxxxxx XX 43,224 43,224 43,224 43,224 43,224 43,224
000 X 000 Xxxxxxx XX 40,408 40,408 40,408 40,408 40,408 40,408
000 X 000 Xxxxxxx XX 49,776 49,776 49,776 49,776 49,776 49,776
000 X 000 Xxxxxxxx XX 41,040 41,040 41,040 41,040 41,040 41,040
000 X 000 Xxxxxxxxxxx XX 37,552 37,552 37,552 37,552 37,552 37,552
102 F 000 Xxxxx Xxxxxxx XX 32,312 32,312 32,312 32,312 32,312 32,312
102 F 603 Stafford Spgs. CT 35,368 35,368 35,368 35,368 35,368 35,368
000 X 000 Xxxxxxxxxx XX 19,648 19,648 19,648 19,648 19,648 19,648
000 X 000 Xxxxxxx CT 31,872 31,872 31,872 31,872 31,872 31,872
000 X 000 Xxxxx Xxxx XX 47,592 47,592 47,592 47,592 47,592 47,592
F/Y 2011 F/Y 2012 Total
Reg Prop. Loc. Rent Rent Rent
# Type # Town State Expense Expense Expense
-----------------------------------------------------------------------------------------
000 X 000 Xxx Xxxxxx XX 71,608 71,608 1,074,115
000 X 000 Xxxxxxxx XX 59,384 59,384 890,758
000 X 000 Xxxxxxxx XX 29,384 29,384 439,757
000 X 000 Xxxxxx Xxxxxxx XX 37,552 37,552 563,279
000 X 000 X Xx0xxx XX 42,352 42,352 635,282
000 X 000 Xxxxxxxxxx Xxxxx XX 87,328 87,328 1,309,920
000 X 000 Xxxxx XX 38,424 38,424 576,360
000 X 000 Xxxxx XX 38,424 38,424 576,360
000 X 000 Xxxxx XX 59,816 59,816 907,243
000 X 000 Xxxxx XX 34,928 34,928 523,923
000 X 000 Xxxxxxxx XX 37,552 37,552 563,279
000 X 000 Xxxxxxxx XX 26,384 26,384 397,757
000 X 000 Xxx Xxxx XX 79,904 79,904 1,198,561
000 X 000 Xxx Xxxx XX 100,424 100,424 1,506,363
000 X 000 Xxx Xxxx XX 41,160 41,160 629,397
000 X 000 Xxxxxxxx XX 67,240 67,240 1,008,602
000 X 000 Xxxxx Xxxx XX 63,752 63,752 956,277
000 X 000 XXX XX 35,368 35,368 530,520
000 X 000 Xxxxxxxxx XX 48,032 48,032 720,478
000 X 000 Xxxxxxx XX 60,256 60,256 903,840
000 X 000 X. Xxxxxxxxxx XX 31,184 31,184 471,760
000 X 000 Xxxxxxxx XX 56,328 56,328 844,918
000 X 000 Xxxxxxxx XX 37,552 37,552 563,279
000 X 000 X. Xxxxx XX 116,304 116,304 1,745,098
000 X 000 X. Xxxxxxx XX 45,408 45,408 681,122
000 X 000 Xxxxxxxxxx XX 67,680 67,680 1,015,199
000 X 000 Xxxxx Xxxxx XX 96,936 96,936 1,454,038
000 X 000 Xxxxxx Xxxxx XX 37,552 37,552 563,279
000 X 000 Xxxxxxxx XX 37,552 37,552 563,279
000 X 000 X. Xxxxxxxxx XX 35,368 35,368 525,520
000 X 000 Xxxxxxxxxx XX 37,552 37,552 563,279
000 X 000 Xxxxxxxx XX 44,976 44,976 674,638
000 X 000 Xxxx. Xxxx. XX 25,760 25,760 386,402
000 X 000 Xxxxxxx XX 37,984 37,984 569,764
000 X 000 Xxxxxx XX 65,016 65,016 975,240
000 X 000 Xxxxxx XX 34,056 34,056 510,842
000 X 000 Xxxxxxxxxx XX 45,848 45,848 687,719
000 X 000 X. Xxxxxxx XX 47,160 47,160 707,397
000 X 000 X. Xxxxx XX 47,160 47,160 707,397
102 F 552 Port. Wash. NY 44,974 44,974 674,614
000 X 000 Xxxxxxxx XX 23,676 23,676 354,840
000 X 000 XXX XX 37,552 37,552 563,279
000 X 000 Xxxxxxxx XX 56,328 56,328 844,918
000 X 000 Xxxxxxxxxx XX 27,944 27,944 419,161
000 X 000 Xxxxxxx XX 34,496 34,496 517,438
102 F 000 Xxxx Xxxxxxxx XX 20,520 20,520 307,802
000 X 000 Xxxxxxxx XX 48,464 48,464 726,963
000 X 000 Xxxxxxxxxx XX 32,744 32,744 491,164
102 F 000 Xxxxxxx XX 28,384 28,384 425,757
000 X 000 Xxxxxxxxx XX 43,224 43,224 648,363
000 X 000 Xxxxxxx XX 40,408 40,408 606,719
000 X 000 Xxxxxxx XX 49,776 49,776 746,641
000 X 000 Xxxxxxxx XX 41,040 41,040 615,604
000 X 000 Xxxxxxxxxxx XX 37,552 37,552 563,279
102 F 000 Xxxxx Xxxxxxx XX 32,312 32,312 484,679
102 F 603 Stafford Spgs. CT 35,368 35,368 530,520
000 X 000 Xxxxxxxxxx XX 19,648 19,648 294,721
000 X 000 Xxxxxxx CT 31,872 31,872 478,083
000 X 000 Xxxxx Xxxx XX 47,592 47,592 713,882
Page 2 of 6
47
Leemilt's Properties
F/Y 1998 F/Y 1999 F/Y 2000 F/Y 2001 F/Y 2002 F/Y 2003 F/Y 2004
Reg Prop. Loc. Rent Rent Rent Rent Rent Rent Rent
# Type # Town State Expense Expense Expense Expense Expense Expense Expense
------------------------------------------------------------------------------------------------------------------------------------
102 F 000 Xxxxxxxxx XX 27,945 27,944 27,944 27,944 27,944 27,944 27,944
000 X 000 Xxxx Xxxxx XX 65,059 65,056 65,056 65,056 65,056 65,056 65,056
000 X 000 Xxxxxxx Xxxxx XX 39,297 39,296 39,296 39,296 39,296 39,296 39,296
000 X 000 Xxxxxx XX 27,945 27,944 27,944 27,944 27,944 27,944 27,944
101 F 625 X. Xxxxxxxxxx MA 65,932 65,936 65,936 65,936 65,936 65,936 65,936
000 X 000 Xxxxxx XX 42,354 42,352 42,352 42,352 42,352 42,352 42,352
000 X 000 Xxxxxxxxx XX 37,551 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 Xxxxxx XX 54,143 54,144 54,144 54,144 54,144 54,144 54,144
000 X 000 Xxxxx Xxxxx XX 36,678 36,680 36,680 36,680 36,680 36,680 36,680
000 X 000 Xxxxx Xxxxx XX 25,762 25,760 25,760 25,760 25,760 25,760 25,760
000 X 000 Xxxxxxxxxx XX 52,397 52,400 52,400 52,400 52,400 52,400 52,400
000 X 000 Xxxxxxxxxx XX 41,481 41,480 41,480 41,480 41,480 41,480 41,480
101 F 635 So. Hadley MA 45,847 45,848 45,848 45,848 45,848 45,848 45,848
000 X 000 Xxxxxxxxxx XX 34,058 34,056 84,056 84,056 84,056 84,056 84,056
000 X 000 Xxxxxxxxxx XX 47,594 41,592 41,592 41,592 41,592 41,592 41,592
000 X 000 Xxxxxxxxxx XX 27,072 27,072 27,072 27,072 27,072 27,072 27,072
000 X 000 Xxxxxxxxxx XX 20,959 20,960 20,960 20,960 20,960 20,960 20,960
000 X 000 Xxxxxxxxx XX 36,424 38,424 38,424 38,424 38,424 38,424 38,424
000 X 000 Xxxxxxxx XX 78,596 78,592 78,592 78,592 78,592 78,592 78,592
000 X 000 Xxxxxxxx XX 25,762 25,760 25,760 25,760 25,760 25,760 25,760
000 X 000 Xxxxxx XX 60,693 60,696 60,696 60,696 60,696 60,696 60,696
000 X 000 Xxxxxxxx XX 23,578 23,576 23,576 23,576 23,576 23,576 23,576
000 X 000 Xxxxx Xxxxx XX 61,960 61,960 61,960 61,960 61,960 61,960 61,960
000 X 000 Xxxxxxx XX 58,073 58,072 58,072 58,072 58,072 58,072 58,072
000 X 000 Xxxx Xxxx XX 65,932 65,936 65,936 65,936 65,936 65,936 65,936
000 X 000 Xxx Xxxxxxxx XX 57,200 57,200 57,200 57,200 57,200 57,200 57,200
000 X 000 Xxxxxx XX 38,861 38,864 38,064 38,064 38,064 38,064 38,064
000 X 000 X. Xxxxxxxx XX 42,354 42,352 42,352 42,352 42,352 42,352 42,352
102 F 000 Xxxxxxx XX 28,818 28,816 28,816 28,816 28,816 28,816 28,816
000 X 000 Xxxxxxxxxx XX 2,620 2,616 2,616 2,616 2,616 2,616 2,616
000 X 000 Xxxxxxxx XX 45,410 46,404 46,404 46,404 46,404 46,404 46,404
102 F 6777 Milford CT 37,561 37,562 37,562 37,562 37,562 37,562 37,562
102 F 6813 Brookfield CT 37,986 37,984 37,984 37,984 37,984 37,984 37,984
102 F 6822 Manchester CT 28,678 28,676 28,676 28,676 28,676 28,676 28,676
102 F 6834 Ridgefield CT 56,326 56,326 54,326 54,326 54,326 54,326 54,326
102 F 6836 Bridgeport CT 54,143 54,144 54,144 54,144 54,144 54,144 54,144
102 F 6852 Middletown CT 70,299 70,296 70,296 70,296 70,296 70,296 70,296
102 F 6862 Stratford CT 33,621 33,624 33,624 33,624 33,624 33,624 33,624
000 X 00000 Xxxxxx XX 49,340 49,344 49,344 49,344 49,344 49,344 49,344
000 X 00000 Xxxxxx Xxxxx XX 22,706 22,704 22,704 22,704 22,704 22,704 22,704
000 X 00000 Xxxxxxxx XX 16,592 16,592 16,592 16,592 16,592 16,592 16,592
000 X 00000 Xxxxxxxx XX 24,888 24,888 24,888 24,888 24,888 24,888 24,888
000 X 00000 Xxxx XX 16,592 16,592 16,592 16,592 16,592 16,592 16,592
000 X 00000 Xxxxxxx XX 84,706 84,704 84,704 84,704 84,704 84,704 84,704
000 X 00000 Xxxxxxxxx XX 22,269 22,272 22,272 22,272 22,272 22,272 22,272
000 X 00000 Xxxxxxxxx XX 23,578 23,576 23,576 23,576 23,576 23,576 23,576
000 X 00000 Xxxxxx XX 36,678 36,680 36,680 36,680 36,680 36,680 36,680
101 F 00000 X. Xxxxxxxx XX 35,368 35,368 35,368 35,368 35,368 35,368 35,368
000 X 00000 Xxxxxxxx XX 23,142 23,144 23,144 23,144 23,144 23,144 23,144
101 F 00000 X. Xxxxxxx XX 26,381 28,384 28,384 28,384 28,384 28,384 28,384
000 X 00000 Xxxxxx XX 36,241 36,240 36,240 36,240 36,240 36,240 36,240
000 X 00000 Xxxxxxx XX 83,835 83,832 83,832 83,832 83,832 83,832 83,832
000 X 00000 Xxxxxxx XX 86,018 86,016 86,016 86,016 86,016 86,016 86,016
000 X 00000 Xxxxxxxx XX 94,750 94,752 94,752 94,752 94,752 94,752 94,752
000 X 00000 Xxxxxx XX 62,876 62,872 62,872 62,872 62,872 62,872 62,872
000 X 00000 Xxxxxx XX 52,397 52,400 52,400 52,400 52,400 52,400 52,400
000 X 00000 Xxxxxxx XX 66,805 66,808 66,808 66,808 66,808 66,808 66,808
101 F 00000 Xxxxxxxxx XX 69,425 69,424 69,424 69,424 69,424 69,424 69,424
101 F 00000 Xxxxxxxxxx XX 61,129 61,128 61,128 61,128 61,128 61,128 61,128
F/Y 2005 F/Y 2006 F/Y 2007 F/Y 2008 F/Y 2009 F/Y 2010 F/Y 2011
Reg Prop. Loc. Rent Rent Rent Rent Rent Rent Rent
# Type # Town State Expense Expense Expense Expense Expense Expense Expense
------------------------------------------------------------------------------------------------------------------------------------
102 F 000 Xxxxxxxxx XX 27,944 27,944 27,944 27,944 27,944 27,944 27,944
000 X 000 Xxxx Xxxxx XX 65,056 65,056 65,056 65,056 65,056 65,056 65,056
000 X 000 Xxxxxxx Xxxxx XX 39,296 39,296 39,296 39,296 39,296 39,296 39,296
000 X 000 Xxxxxx XX 27,944 27,944 27,944 27,944 27,944 27,944 27,944
101 F 625 X. Xxxxxxxxxx MA 65,936 65,936 65,936 65,936 65,936 65,936 65,936
000 X 000 Xxxxxx XX 42,352 42,352 42,352 42,352 42,352 42,352 42,352
000 X 000 Xxxxxxxxx XX 37,552 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 Xxxxxx XX 54,144 54,144 54,144 54,144 54,144 54,144 54,144
000 X 000 Xxxxx Xxxxx XX 36,680 36,680 36,680 36,680 36,680 36,680 36,680
000 X 000 Xxxxx Xxxxx XX 25,760 25,760 25,760 25,760 25,760 25,760 25,760
000 X 000 Xxxxxxxxxx XX 52,400 52,400 52,400 52,400 52,400 52,400 52,400
000 X 000 Xxxxxxxxxx XX 41,480 41,480 41,480 41,480 41,480 41,480 41,480
101 F 635 So. Hadley MA 45,848 45,848 45,848 45,848 45,848 45,848 45,848
000 X 000 Xxxxxxxxxx XX 84,056 84,056 84,056 84,056 84,056 84,056 84,056
000 X 000 Xxxxxxxxxx XX 41,592 41,592 41,592 41,592 41,592 41,592 41,592
000 X 000 Xxxxxxxxxx XX 27,072 27,072 27,072 27,072 27,072 27,072 27,072
000 X 000 Xxxxxxxxxx XX 20,960 20,960 20,960 20,960 20,960 20,960 20,960
000 X 000 Xxxxxxxxx XX 38,424 38,424 38,424 38,424 38,424 38,424 38,424
000 X 000 Xxxxxxxx XX 78,592 78,592 78,592 78,592 78,592 78,592 78,592
000 X 000 Xxxxxxxx XX 25,760 25,760 25,760 25,760 25,760 25,760 25,760
000 X 000 Xxxxxx XX 60,696 60,696 60,696 60,696 60,696 60,696 60,696
000 X 000 Xxxxxxxx XX 23,576 23,576 23,576 23,576 23,576 23,576 23,576
000 X 000 Xxxxx Xxxxx XX 61,960 61,960 61,960 61,960 61,960 61,960 61,960
000 X 000 Xxxxxxx XX 58,072 58,072 58,072 58,072 58,072 58,072 58,072
000 X 000 Xxxx Xxxx XX 65,936 65,936 65,936 65,936 65,936 65,936 65,936
000 X 000 Xxx Xxxxxxxx XX 57,200 57,200 57,200 57,200 57,200 57,200 57,200
000 X 000 Xxxxxx XX 38,064 38,064 38,064 38,064 38,064 38,064 38,064
000 X 000 X. Xxxxxxxx XX 42,352 42,352 42,352 42,352 42,352 42,352 42,352
102 F 000 Xxxxxxx XX 28,816 28,816 28,816 28,816 28,816 28,816 28,816
000 X 000 Xxxxxxxxxx XX 2,616 2,616 2,616 2,616 2,616 2,616 2,616
000 X 000 Xxxxxxxx XX 46,404 46,404 46,404 46,404 46,404 46,404 46,404
102 F 6777 Milford CT 37,562 37,562 37,562 37,562 37,562 37,562 37,562
102 F 6813 Brookfield CT 37,984 37,984 37,984 37,984 37,984 37,984 37,984
102 F 6822 Manchester CT 28,676 28,676 28,676 28,676 28,676 28,676 28,676
102 F 6834 Ridgefield CT 54,326 54,326 54,326 54,326 54,326 54,326 54,326
102 F 6836 Bridgeport CT 54,144 54,144 54,144 54,144 54,144 54,144 54,144
102 F 6852 Middletown CT 70,296 70,296 70,296 70,296 70,296 70,296 70,296
102 F 6862 Stratford CT 33,624 33,624 33,624 33,624 33,624 33,624 33,624
000 X 00000 Xxxxxx XX 49,344 49,344 49,344 49,344 49,344 49,344 49,344
000 X 00000 Xxxxxx Xxxxx XX 22,704 22,704 22,704 22,704 22,704 22,704 22,704
000 X 00000 Xxxxxxxx XX 16,592 16,592 16,592 16,592 16,592 16,592 16,592
000 X 00000 Xxxxxxxx XX 24,888 24,888 24,888 24,888 24,888 24,888 24,888
000 X 00000 Xxxx XX 16,592 16,592 16,592 16,592 16,592 16,592 16,592
000 X 00000 Xxxxxxx XX 84,704 84,704 84,704 84,704 84,704 84,704 84,704
000 X 00000 Xxxxxxxxx XX 22,272 22,272 22,272 22,272 22,272 22,272 22,272
000 X 00000 Xxxxxxxxx XX 23,576 23,576 23,576 23,576 23,576 23,576 23,576
000 X 00000 Xxxxxx XX 36,680 36,680 36,680 36,680 36,680 36,680 36,680
101 F 00000 X. Xxxxxxxx XX 35,368 35,368 35,368 35,368 35,368 35,368 35,368
000 X 00000 Xxxxxxxx XX 23,144 23,144 23,144 23,144 23,144 23,144 23,144
101 F 00000 X. Xxxxxxx XX 28,384 28,384 28,384 28,384 28,384 28,384 28,384
000 X 00000 Xxxxxx XX 36,240 36,240 36,240 36,240 36,240 36,240 36,240
000 X 00000 Xxxxxxx XX 83,832 83,832 83,832 83,832 83,832 83,832 83,832
000 X 00000 Xxxxxxx XX 86,016 86,016 86,016 86,016 86,016 86,016 86,016
000 X 00000 Xxxxxxxx XX 94,752 94,752 94,752 94,752 94,752 94,752 94,752
000 X 00000 Xxxxxx XX 62,872 62,872 62,872 62,872 62,872 62,872 62,872
000 X 00000 Xxxxxx XX 52,400 52,400 52,400 52,400 52,400 52,400 52,400
000 X 00000 Xxxxxxx XX 66,808 66,808 66,808 66,808 66,808 66,808 66,808
101 F 00000 Xxxxxxxxx XX 69,424 69,424 69,424 69,424 69,424 69,424 69,424
101 F 00000 Xxxxxxxxxx XX 61,128 61,128 61,128 61,128 61,128 61,128 61,128
F/Y 2012 Total
Reg Prop. Loc. Rent Rent
# Type # Town State Expense Expense
-----------------------------------------------------------------------------
000 X 000 Xxxxxxxxx CT 27,944 419,161
000 X 000 Xxxx Xxxxx XX 65,056 975,843
000 X 000 Xxxxxxx Xxxxx XX 39,296 589,441
000 X 000 Xxxxxx XX 27,944 419,161
000 X 000 X. Xxxxxxxxxx XX 65,936 989,036
000 X 000 Xxxxxx XX 42,352 635,282
000 X 000 Xxxxxxxxx XX 37,552 563,279
000 X 000 Xxxxxx XX 54,144 812,159
000 X 000 Xxxxx Xxxxx XX 36,680 550,198
000 X 000 Xxxxx Xxxxx XX 25,760 386,402
000 X 000 Xxxxxxxxxx XX 52,400 785,997
000 X 000 Xxxxxxxxxx XX 41,480 622,201
000 X 000 Xx. Xxxxxx XX 45,848 687,719
000 X 000 Xxxxxxxxxx XX 84,056 1,160,842
000 X 000 Xxxxxxxxxx XX 41,592 629,882
000 X 000 Xxxxxxxxxx XX 27,072 406,080
000 X 000 Xxxxxxxxxx XX 20,960 314,399
000 X 000 Xxxxxxxxx XX 38,424 574,360
000 X 000 Xxxxxxxx XX 78,592 1,178,884
000 X 000 Xxxxxxxx XX 25,760 386,402
000 X 000 Xxxxxx XX 60,696 910,437
000 X 000 Xxxxxxxx XX 23,576 353,642
000 X 000 Xxxxx Xxxxx XX 61,960 929,400
000 X 000 Xxxxxxx XX 58,072 871,081
000 X 000 Xxxx Xxxx XX 65,936 989,036
000 X 000 Xxx Xxxxxxxx XX 57,200 858,000
000 X 000 Xxxxxx XX 38,064 572,557
102 F 000 X. Xxxxxxxx XX 42,352 635,282
102 F 000 Xxxxxxx XX 28,816 432,242
000 X 000 Xxxxxxxxxx XX 2,616 39,244
000 X 000 Xxxxxxxx XX 46,404 695,066
102 F 6777 Milford CT 37,562 563,429
000 X 0000 Xxxxxxxxxx XX 37,984 569,762
102 F 6822 Manchester CT 28,676 430,142
000 X 0000 Xxxxxxxxxx XX 54,326 818,890
102 F 6836 Bridgeport CT 54,144 812,159
000 X 0000 Xxxxxxxxxx CT 70,296 1,054,443
000 X 0000 Xxxxxxxxx XX 33,624 504,357
000 X 00000 Xxxxxx XX 49,344 740,156
000 X 00000 Xxxxxx Xxxxx ME 22,704 340,562
000 X 00000 Xxxxxxxx XX 16,592 248,880
000 X 00000 Xxxxxxxx XX 24,888 373,320
000 X 00000 Xxxx XX 16,592 248,880
000 X 00000 Xxxxxxx XX 84,704 1,270,562
000 X 00000 Xxxxxxxxx XX 22,272 334,077
101 F 28216 Wiscasset ME 23,576 353,642
000 X 00000 Xxxxxx XX 36,680 550,198
101 F 00000 X. Xxxxxxxx XX 35,368 530,520
000 X 00000 Xxxxxxxx XX 23,144 347,158
000 X 00000 X. Xxxxxxx ME 28,384 423,757
000 X 00000 Xxxxxx XX 36,240 543,601
000 X 00000 Xxxxxxx XX 83,832 1,257,483
000 X 00000 Xxxxxxx XX 86,016 1,290,242
000 X 00000 Xxxxxxxx XX 94,752 1,421,278
000 X 00000 Xxxxxx XX 62,872 943,084
000 X 00000 Xxxxxx XX 52,400 785,997
000 X 00000 Xxxxxxx XX 66,808 1,002,117
000 X 00000 Xxxxxxxxx XX 69,424 1,041,361
000 X 00000 Xxxxxxxxxx XX 61,128 916,921
Page 3 of 6
48
Leemilt's Properties
F/Y 1998 F/Y 1999 F/Y 2000 F/Y 2001 F/Y 2002 F/Y 2003 F/Y 2004
Reg Prop. Loc. Rent Rent Rent Rent Rent Rent Rent
# Type # Town State Expense Expense Expense Expense Expense Expense Expense
------------------------------------------------------------------------------------------------------------------------------------
000 X 00000 Xxxxxxx XX 35,368 35,368 35,368 35,368 35,368 35,368 35,368
000 X 00000 Xxxxxxxxx XX 34,058 34,056 34,056 34,056 34,056 34,056 34,056
101 F 30609 Beverly MA 11,789 11,792 11,792 11,792 11,792 11,792 11,792
000 X 00000 Xxxxxxx XX 69,862 69,864 69,864 69,864 69,864 69,864 69,864
000 X 00000 Xxxxxxxx XX 31,875 31,872 31,872 31,872 31,872 31,872 31,872
000 X 00000 Xxxxxxx XX 31,875 31,872 31,872 31,872 31,872 31,872 31,872
000 X 00000 Xxxxxxx XX 62,003 62,000 62,000 62,000 62,000 62,000 62,000
000 X 00000 Xxxxxxx XX 37,651 37,552 37,552 37,552 37,552 37,552 37,552
000 X 00000 Xxxxxxxxxxx XX 37,114 37,112 37,112 37,112 37,112 37,112 37,112
000 X 00000 Xxxxxx XX 31,436 31,440 31,440 31,440 31,440 31,440 31,440
000 X 00000 Xxxxxxx XX 57,200 57,200 57,200 57,200 57,200 57,200 57,200
000 X 00000 Xxxxxxxxxxx XX 24,015 24,016 24,016 24,016 24,016 24,016 24,016
000 X 00000 Xxxxxx XX 15,262 15,280 15,280 15,280 15,280 15,280 15,280
000 X 00000 Xxxxxxx XX 48,903 48,904 48,904 48,904 48,904 48,904 48,904
000 X 00000 Xxxxxxx XX 35,368 35,368 35,368 35,368 35,368 35,368 35,368
101 F 30625 Quincy MA 81,215 81,216 81,216 81,216 81,216 81,216 81,216
101 F 30626 Revere MA 16,592 16,592 16,592 16,592 16,592 16,592 16,592
000 X 00000 Xxxxx XX 72,919 72,920 72,920 72,920 72,920 72,920 72,920
101 F 00000 Xxxxxxxxxx XX 35,804 35,806 35,806 35,806 35,806 35,806 35,806
101 F 00000 Xxxx Xxxx XX 48,903 48,904 48,904 48,904 48,904 48,904 48,904
000 X 00000 Xxxxxxxx XX 40,171 40,168 40,168 40,168 40,168 40,168 40,168
101 F 00000 X. Xxxxxxxx XX 42,354 42,362 42,362 42,362 42,362 42,362 42,362
000 X 00000 Xxxxxxxx XX 72,462 72,480 72,480 72,480 72,480 72,480 72,480
000 X 00000 Xxxxxx XX 67,679 67,680 67,680 67,680 67,680 67,680 67,680
000 X 00000 Xxxxxxxx XX 46,284 46,200 46,200 46,200 46,200 46,200 46,200
000 X 00000 Xxxxxxxxxxx XX 77,722 77,720 77,720 77,720 77,720 77,720 77,720
000 X 00000 Xxxxxxxx XX 54,580 54,576 54,576 54,576 54,576 54,576 54,576
000 X 00000 Xxxxx XX 35,368 35,368 35,368 35,368 35,368 35,368 35,368
000 X 00000 Xxxxxxxx XX 60,693 60,696 60,696 60,696 60,696 60,696 60,696
000 X 00000 Xxxxxx XX 39,734 39,736 39,736 39,736 39,736 39,736 39,736
000 X 00000 Xxxxxxx XX 36,678 36,680 36,680 36,680 36,680 36,680 36,680
000 X 00000 Xxxxxxxxx XX 44,100 44,104 44,104 44,104 44,104 44,104 44,104
000 X 00000 Xxxxxx XX 37,966 37,964 37,964 37,964 37,964 37,964 37,964
000 X 00000 Xxxxxx XX 61,566 61,568 61,568 61,568 61,568 61,568 61,568
000 X 00000 Xxxxxxxx XX 21,832 21,832 21,832 21,832 21,832 21,832 21,832
000 X 00000 Xxxxxxxxx XX 31,438 31,440 31,440 31,440 31,440 31,440 31,440
000 X 00000 Xxxxxxxxx XX 41,044 41,040 41,040 41,040 41,040 41,040 41,040
000 X 00000 Xxxxx XX 24,866 24,868 24,868 24,868 24,868 24,868 24,868
000 X 00000 Xxxxxxxxxxx XX 30,565 30,566 30,566 30,566 30,566 30,566 30,566
000 X 00000 Xxxxxx XX 33,184 33,184 33,184 33,184 33,184 33,184 33,184
101 F 55256 Candia NH 64,186 64,184 64,184 64,184 64,184 64,184 64,184
000 X 00000 Xxxxxx XX 68,116 68,112 68,112 68,112 68,112 68,112 68,112
000 X 00000 Xxxxx XX 40,171 40,168 40,168 40,168 40,168 40,168 40,168
000 X 00000 Xxxxxx XX 28,381 26,384 26,384 26,384 26,384 26,384 26,384
000 X 00000 Xxxxxxx XX 54,143 54,144 54,144 54,144 54,144 54,144 54,144
000 X 00000 Xxxxxxxxxx XX 55,016 55,016 55,016 55,016 55,016 55,016 55,016
000 X 00000 Xxxxxxxxxx XX 40,607 40,608 40,608 40,608 40,608 40,608 40,608
000 X 00000 Xxxxx XX 49,340 49,344 49,344 49,344 49,344 49,344 49,344
000 X 00000 Xxxxxxxx XX 46,030 48,032 48,032 48,032 48,032 48,032 48,032
000 X 00000 Xxxx Xxxxxxxx XX 76,848 76,848 76,848 76,848 76,848 76,848 76,848
000 X 00000 Xxxxxxxx XX 46,720 46,720 46,720 46,720 46,720 46,720 46,720
000 X 00000 Xxxxxxxxxx XX 43,664 43,664 43,664 43,664 43,664 43,664 43,664
000 X 00000 Xxxxxxxxxxxx XX 39,297 39,296 39,296 39,296 39,296 39,296 39,296
000 X 00000 Xxxxxxx Xxxx XX 47,157 41,160 41,160 41,160 41,160 41,160 41,160
104 F 56157 Xxxxxxx NJ 51,087 51,088 51,088 51,088 51,088 51,088 51,088
000 X 00000 Xxxxxxxx XX 44,537 44,536 44,536 44,536 44,536 44,536 44,536
000 X 00000 Xxxxxxxxxx XX 98,680 98,680 98,680 98,680 98,680 98,680 98,680
000 X 00000 Xxxx Xxxx XX 50,213 50,216 50,216 50,216 50,216 50,216 50,216
104 F 00000 Xxxxxxxxx XX 58,509 58,512 58,512 58,512 58,512 58,512 58,512
F/Y 2005 F/Y 2006 F/Y 2007 F/Y 2008 F/Y 2009 F/Y 2010 F/Y 2011
Reg Prop. Loc. Rent Rent Rent Rent Rent Rent Rent
# Type # Town State Expense Expense Expense Expense Expense Expense Expense
-----------------------------------------------------------------------------------------------------------------------------------
000 X 00000 Xxxxxxx XX 35,368 35,368 35,368 35,368 35,368 35,368 35,368
000 X 00000 Xxxxxxxxx XX 34,056 34,056 34,056 34,056 34,056 34,056 34,056
101 F 30609 Beverly MA 11,792 11,792 11,792 11,792 11,792 11,792 11,792
000 X 00000 Xxxxxxx XX 69,864 69,864 69,864 69,864 69,864 69,864 69,864
000 X 00000 Xxxxxxxx XX 31,872 31,872 31,872 31,872 31,872 31,872 31,872
000 X 00000 Xxxxxxx XX 31,872 31,872 31,872 31,872 31,872 31,872 31,872
000 X 00000 Xxxxxxx XX 62,000 62,000 62,000 62,000 62,000 62,000 62,000
000 X 00000 Xxxxxxx XX 37,552 37,552 37,552 37,552 37,552 37,552 37,552
000 X 00000 Xxxxxxxxxxx XX 37,112 37,112 37,112 37,112 37,112 37,112 37,112
000 X 00000 Xxxxxx XX 31,440 31,440 31,440 31,440 31,440 31,440 31,440
000 X 00000 Xxxxxxx XX 57,200 57,200 57,200 57,200 57,200 57,200 57,200
000 X 00000 Xxxxxxxxxxx XX 24,016 24,016 24,016 24,016 24,016 24,016 24,016
000 X 00000 Xxxxxx XX 15,280 15,280 15,280 15,280 15,280 15,280 15,280
000 X 00000 Xxxxxxx XX 48,904 48,904 48,904 48,904 48,904 48,904 48,904
000 X 00000 Xxxxxxx XX 35,368 35,368 35,368 35,368 35,368 35,368 35,368
101 F 30625 Quincy MA 81,216 81,216 81,216 81,216 81,216 81,216 81,216
101 F 30626 Revere MA 16,592 16,592 16,592 16,592 16,592 16,592 16,592
000 X 00000 Xxxxx XX 72,920 72,920 72,920 72,920 72,920 72,920 72,920
101 F 00000 Xxxxxxxxxx XX 35,806 35,806 35,806 35,806 35,806 35,806 35,806
101 F 00000 Xxxx Xxxx XX 48,904 48,904 48,904 48,904 48,904 48,904 48,904
000 X 00000 Xxxxxxxx XX 40,168 40,168 40,168 40,168 40,168 40,168 40,168
101 F 00000 X. Xxxxxxxx XX 42,362 42,362 42,362 42,362 42,362 42,362 42,362
000 X 00000 Xxxxxxxx XX 72,480 72,480 72,480 72,480 72,480 72,480 72,480
000 X 00000 Xxxxxx XX 67,680 67,680 67,680 67,680 67,680 67,680 67,680
000 X 00000 Xxxxxxxx XX 46,200 46,200 46,200 46,200 46,200 46,200 46,200
000 X 00000 Xxxxxxxxxxx XX 77,720 77,720 77,720 77,720 77,720 77,720 77,720
000 X 00000 Xxxxxxxx XX 54,576 54,576 54,576 54,576 54,576 54,576 54,576
000 X 00000 Xxxxx XX 35,368 35,368 35,368 35,368 35,368 35,368 35,368
000 X 00000 Xxxxxxxx XX 60,696 60,696 60,696 60,696 60,696 60,696 60,696
000 X 00000 Xxxxxx XX 39,736 39,736 39,736 39,736 39,736 39,736 39,736
000 X 00000 Xxxxxxx XX 36,680 36,680 36,680 36,680 36,680 36,680 36,680
000 X 00000 Xxxxxxxxx XX 44,104 44,104 44,104 44,104 44,104 44,104 44,104
000 X 00000 Xxxxxx XX 37,964 37,964 37,964 37,964 37,964 37,964 37,964
000 X 00000 Xxxxxx XX 61,568 61,568 61,568 61,568 61,568 61,568 61,568
000 X 00000 Xxxxxxxx XX 21,832 21,832 21,832 21,832 21,832 21,832 21,832
000 X 00000 Xxxxxxxxx XX 31,440 31,440 31,440 31,440 31,440 31,440 31,440
000 X 00000 Xxxxxxxxx XX 41,040 41,040 41,040 41,040 41,040 41,040 41,040
000 X 00000 Xxxxx XX 24,868 24,868 24,868 24,868 24,868 24,868 24,868
000 X 00000 Xxxxxxxxxxx XX 30,566 30,566 30,566 30,566 30,566 30,566 30,566
000 X 00000 Xxxxxx XX 33,184 33,184 33,184 33,184 33,184 33,184 33,184
101 F 55256 Candia NH 64,184 64,184 64,184 64,184 64,184 64,184 64,184
000 X 00000 Xxxxxx XX 68,112 68,112 68,112 68,112 68,112 68,112 68,112
000 X 00000 Xxxxx XX 40,168 40,168 40,168 40,168 40,168 40,168 40,168
000 X 00000 Xxxxxx XX 26,384 26,384 26,384 26,384 26,384 26,384 26,384
000 X 00000 Xxxxxxx XX 54,144 54,144 54,144 54,144 54,144 54,144 54,144
000 X 00000 Xxxxxxxxxx XX 55,016 55,016 55,016 55,016 55,016 55,016 55,016
000 X 00000 Xxxxxxxxxx XX 40,608 40,608 40,608 40,608 40,608 40,608 40,608
000 X 00000 Xxxxx XX 49,344 49,344 49,344 49,344 49,344 49,344 49,344
000 X 00000 Xxxxxxxx XX 48,032 48,032 48,032 48,032 48,032 48,032 48,032
000 X 00000 Xxxx Xxxxxxxx XX 76,848 76,848 76,848 76,848 76,848 76,848 76,848
000 X 00000 Xxxxxxxx XX 46,720 46,720 46,720 46,720 46,720 46,720 46,720
000 X 00000 Xxxxxxxxxx XX 43,664 43,664 43,664 43,664 43,664 43,664 43,664
000 X 00000 Xxxxxxxxxxxx XX 39,296 39,296 39,296 39,296 39,296 39,296 39,296
000 X 00000 Xxxxxxx Xxxx XX 41,160 41,160 41,160 41,160 41,160 41,160 41,160
104 F 56157 Xxxxxxx NJ 51,088 51,088 51,088 51,088 51,088 51,088 51,088
000 X 00000 Xxxxxxxx XX 44,536 44,536 44,536 44,536 44,536 44,536 44,536
000 X 00000 Xxxxxxxxxx XX 98,680 98,680 98,680 98,680 98,680 98,680 98,680
000 X 00000 Xxxx Xxxx XX 50,216 50,216 50,216 50,216 50,216 50,216 50,216
104 F 00000 Xxxxxxxxx XX 58,512 58,512 58,512 58,512 58,512 58,512 58,512
F/Y 2012 Total
Reg Prop. Loc. Rent Rent
# Type # Town State Expense Expense
-----------------------------------------------------------------------------
000 X 00000 Xxxxxxx XX 35,368 530,520
000 X 00000 Xxxxxxxxx XX 34,056 510,842
101 F 30609 Beverly MA 11,792 176,877
000 X 00000 Xxxxxxx XX 69,864 1,047,958
000 X 00000 Xxxxxxxx XX 31,872 478,083
000 X 00000 Xxxxxxx XX 31,872 478,083
000 X 00000 Xxxxxxx XX 62,000 930,003
000 X 00000 Xxxxxxx XX 37,552 563,379
000 X 00000 Xxxxxxxxxxx XX 37,112 556,682
000 X 00000 Xxxxxx XX 31,440 471,596
000 X 00000 Xxxxxxx XX 57,200 858,000
000 X 00000 Xxxxxxxxxxx XX 24,016 360,239
000 X 00000 Xxxxxx XX 15,280 229,182
000 X 00000 Xxxxxxx XX 48,904 733,559
000 X 00000 Xxxxxxx XX 35,368 530,520
101 F 30625 Quincy MA 81,216 1,218,239
000 X 00000 Xxxxxx XX 16,592 248,880
000 X 00000 Xxxxx XX 72,920 1,093,799
000 X 00000 Xxxxxxxxxx XX 35,806 537,088
101 F 00000 Xxxx Xxxx XX 48,904 733,559
000 X 00000 Xxxxxxxx XX 40,168 602,523
101 F 00000 X. Xxxxxxxx XX 42,362 635,422
000 X 00000 Xxxxxxxx XX 72,480 1,087,182
000 X 00000 Xxxxxx XX 67,680 1,015,199
000 X 00000 Xxxxxxxx XX 46,200 693,084
000 X 00000 Xxxxxxxxxxx XX 77,720 1,165,802
000 X 00000 Xxxxxxxx XX 54,576 818,644
000 X 00000 Xxxxx XX 35,368 530,520
000 X 00000 Xxxxxxxx XX 60,696 910,437
000 X 00000 Xxxxxx XX 39,736 596,038
000 X 00000 Xxxxxxx XX 36,680 550,198
000 X 00000 Xxxxxxxxx XX 44,104 661,556
000 X 00000 Xxxxxx XX 37,964 569,462
000 X 00000 Xxxxxx XX 61,568 923,518
000 X 00000 Xxxxxxxx XX 21,832 327,480
000 X 00000 Xxxxxxxxx XX 31,440 471,598
000 X 00000 Xxxxxxxxx XX 41,040 615,604
000 X 00000 Xxxxx XX 24,868 373,018
000 X 00000 Xxxxxxxxxxx XX 30,566 458,489
000 X 00000 Xxxxxx XX 33,184 497,760
101 F 55256 Candia NH 64,184 962,762
101 F 55257 Epping NH 68,112 1,021,684
000 X 00000 Xxxxx XX 40,168 602,523
000 X 00000 Xxxxxx XX 26,384 397,757
000 X 00000 Xxxxxxx XX 54,144 812,159
000 X 00000 Xxxxxxxxxx XX 55,016 825,240
000 X 00000 Xxxxxxxxxx XX 40,608 609,119
000 X 00000 Xxxxx XX 49,344 740,156
000 X 00000 Xxxxxxxx XX 48,032 718,478
000 X 00000 Xxxx Xxxxxxxx XX 76,848 1,152,720
000 X 00000 Xxxxxxxx XX 46,720 700,800
000 X 00000 Xxxxxxxxxx XX 43,664 654,960
000 X 00000 Xxxxxxxxxxxx XX 39,296 589,441
000 X 00000 Xxxxxxx Xxxx NJ 41,160 623,397
104 F 56157 Xxxxxxx NJ 51,088 766,319
000 X 00000 Xxxxxxxx XX 44,536 668,041
000 X 00000 Xxxxxxxxxx XX 98,680 1,480,200
000 X 00000 Xxxx Xxxx XX 50,216 753,237
000 X 00000 Xxxxxxxxx XX 58,512 877,677
Page 4 of 6
49
Leemilt's Properties
F/Y 1998 F/Y 1999 F/Y 2000 F/Y 2001 F/Y 2002 F/Y 2003 F/Y 2004
Reg Prop. Loc. Rent Rent Rent Rent Rent Rent Rent
# Type # Town State Expense Expense Expense Expense Expense Expense Expense
------------------------------------------------------------------------------------------------------------------------------------
102 F 000 Xxxxxxxxx XX 27,945 27,944 27,944 27,944 27,944 27,944 27,944
000 X 000 Xxxx Xxxxx XX 65,059 65,056 65,056 65,056 65,056 65,056 65,056
000 X 000 Xxxxxxx Xxxxx XX 39,297 39,296 39,296 39,296 39,296 39,296 39,296
000 X 000 Xxxxxx XX 27,945 27,944 27,944 27,944 27,944 27,944 27,944
101 F 625 X. Xxxxxxxxxx MA 65,932 65,936 65,936 65,936 65,936 65,936 65,936
000 X 000 Xxxxxx XX 42,354 42,352 42,352 42,352 42,352 42,352 42,352
000 X 000 Xxxxxxxxx XX 37,551 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 Xxxxxx XX 54,143 54,144 54,144 54,144 54,144 54,144 54,144
000 X 000 Xxxxx Xxxxx XX 36,678 36,680 36,680 36,680 36,680 36,680 36,680
000 X 000 Xxxxx Xxxxx XX 25,762 25,760 25,760 25,760 25,760 25,760 25,760
000 X 000 Xxxxxxxxxx XX 52,397 52,400 52,400 52,400 52,400 52,400 52,400
000 X 000 Xxxxxxxxxx XX 41,481 41,480 41,480 41,480 41,480 41,480 41,480
101 F 635 So. Hadley MA 45,847 45,848 45,848 45,848 45,848 45,848 45,848
000 X 000 Xxxxxxxxxx XX 34,058 34,056 84,056 84,056 84,056 84,056 84,056
000 X 000 Xxxxxxxxxx XX 47,594 41,592 41,592 41,592 41,592 41,592 41,592
000 X 000 Xxxxxxxxxx XX 27,072 27,072 27,072 27,072 27,072 27,072 27,072
000 X 000 Xxxxxxxxxx XX 20,959 20,960 20,960 20,960 20,960 20,960 20,960
000 X 000 Xxxxxxxxx XX 36,424 38,424 38,424 38,424 38,424 38,424 38,424
000 X 000 Xxxxxxxx XX 78,596 78,592 78,592 78,592 78,592 78,592 78,592
000 X 000 Xxxxxxxx XX 25,762 25,760 25,760 25,760 25,760 25,760 25,760
000 X 000 Xxxxxx XX 60,693 60,696 60,696 60,696 60,696 60,696 60,696
000 X 000 Xxxxxxxx XX 23,578 23,576 23,576 23,576 23,576 23,576 23,576
000 X 000 Xxxxx Xxxxx XX 61,960 61,960 61,960 61,960 61,960 61,960 61,960
000 X 000 Xxxxxxx XX 58,073 58,072 58,072 58,072 58,072 58,072 58,072
000 X 000 Xxxx Xxxx XX 65,932 65,936 65,936 65,936 65,936 65,936 65,936
000 X 000 Xxx Xxxxxxxx XX 57,200 57,200 57,200 57,200 57,200 57,200 57,200
000 X 000 Xxxxxx XX 38,861 38,864 38,064 38,064 38,064 38,064 38,064
000 X 000 X. Xxxxxxxx XX 42,354 42,352 42,352 42,352 42,352 42,352 42,352
102 F 000 Xxxxxxx XX 28,818 28,816 28,816 28,816 28,816 28,816 28,816
000 X 000 Xxxxxxxxxx XX 2,620 2,616 2,616 2,616 2,616 2,616 2,616
000 X 000 Xxxxxxxx XX 45,410 46,404 46,404 46,404 46,404 46,404 46,404
102 F 6777 Milford CT 37,561 37,562 37,562 37,562 37,562 37,562 37,562
102 F 6813 Brookfield CT 37,986 37,984 37,984 37,984 37,984 37,984 37,984
102 F 6822 Manchester CT 28,678 28,676 28,676 28,676 28,676 28,676 28,676
102 F 6834 Ridgefield CT 56,326 56,326 54,326 54,326 54,326 54,326 54,326
102 F 6836 Bridgeport CT 54,143 54,144 54,144 54,144 54,144 54,144 54,144
102 F 6852 Middletown CT 70,299 70,296 70,296 70,296 70,296 70,296 70,296
102 F 6862 Stratford CT 33,621 33,624 33,624 33,624 33,624 33,624 33,624
000 X 00000 Xxxxxx XX 49,340 49,344 49,344 49,344 49,344 49,344 49,344
000 X 00000 Xxxxxx Xxxxx XX 22,706 22,704 22,704 22,704 22,704 22,704 22,704
000 X 00000 Xxxxxxxx XX 16,592 16,592 16,592 16,592 16,592 16,592 16,592
000 X 00000 Xxxxxxxx XX 24,888 24,888 24,888 24,888 24,888 24,888 24,888
000 X 00000 Xxxx XX 16,592 16,592 16,592 16,592 16,592 16,592 16,592
000 X 00000 Xxxxxxx XX 84,706 84,704 84,704 84,704 84,704 84,704 84,704
000 X 00000 Xxxxxxxxx XX 22,269 22,272 22,272 22,272 22,272 22,272 22,272
000 X 00000 Xxxxxxxxx XX 23,578 23,576 23,576 23,576 23,576 23,576 23,576
000 X 00000 Xxxxxx XX 36,678 36,680 36,680 36,680 36,680 36,680 36,680
101 F 00000 X. Xxxxxxxx XX 35,368 35,368 35,368 35,368 35,368 35,368 35,368
000 X 00000 Xxxxxxxx XX 23,142 23,144 23,144 23,144 23,144 23,144 23,144
101 F 00000 X. Xxxxxxx XX 26,381 28,384 28,384 28,384 28,384 28,384 28,384
000 X 00000 Xxxxxx XX 36,241 36,240 36,240 36,240 36,240 36,240 36,240
000 X 00000 Xxxxxxx XX 83,835 83,832 83,832 83,832 83,832 83,832 83,832
000 X 00000 Xxxxxxx XX 86,018 86,016 86,016 86,016 86,016 86,016 86,016
000 X 00000 Xxxxxxxx XX 94,750 94,752 94,752 94,752 94,752 94,752 94,752
000 X 00000 Xxxxxx XX 62,876 62,872 62,872 62,872 62,872 62,872 62,872
000 X 00000 Xxxxxx XX 52,397 52,400 52,400 52,400 52,400 52,400 52,400
000 X 00000 Xxxxxxx XX 66,805 66,808 66,808 66,808 66,808 66,808 66,808
101 F 00000 Xxxxxxxxx XX 69,425 69,424 69,424 69,424 69,424 69,424 69,424
101 F 00000 Xxxxxxxxxx XX 61,129 61,128 61,128 61,128 61,128 61,128 61,128
F/Y 2005 F/Y 2006 F/Y 2007 F/Y 2008 F/Y 2009 F/Y 2010 F/Y 2011
Reg Prop. Loc. Rent Rent Rent Rent Rent Rent Rent
# Type # Town State Expense Expense Expense Expense Expense Expense Expense
------------------------------------------------------------------------------------------------------------------------------------
102 F 000 Xxxxxxxxx XX 27,944 27,944 27,944 27,944 27,944 27,944 27,944
000 X 000 Xxxx Xxxxx XX 65,056 65,056 65,056 65,056 65,056 65,056 65,056
000 X 000 Xxxxxxx Xxxxx XX 39,296 39,296 39,296 39,296 39,296 39,296 39,296
000 X 000 Xxxxxx XX 27,944 27,944 27,944 27,944 27,944 27,944 27,944
101 F 625 X. Xxxxxxxxxx MA 65,936 65,936 65,936 65,936 65,936 65,936 65,936
000 X 000 Xxxxxx XX 42,352 42,352 42,352 42,352 42,352 42,352 42,352
000 X 000 Xxxxxxxxx XX 37,552 37,552 37,552 37,552 37,552 37,552 37,552
000 X 000 Xxxxxx XX 54,144 54,144 54,144 54,144 54,144 54,144 54,144
000 X 000 Xxxxx Xxxxx XX 36,680 36,680 36,680 36,680 36,680 36,680 36,680
000 X 000 Xxxxx Xxxxx XX 25,760 25,760 25,760 25,760 25,760 25,760 25,760
000 X 000 Xxxxxxxxxx XX 52,400 52,400 52,400 52,400 52,400 52,400 52,400
000 X 000 Xxxxxxxxxx XX 41,480 41,480 41,480 41,480 41,480 41,480 41,480
101 F 635 So. Hadley MA 45,848 45,848 45,848 45,848 45,848 45,848 45,848
000 X 000 Xxxxxxxxxx XX 84,056 84,056 84,056 84,056 84,056 84,056 84,056
000 X 000 Xxxxxxxxxx XX 41,592 41,592 41,592 41,592 41,592 41,592 41,592
000 X 000 Xxxxxxxxxx XX 27,072 27,072 27,072 27,072 27,072 27,072 27,072
000 X 000 Xxxxxxxxxx XX 20,960 20,960 20,960 20,960 20,960 20,960 20,960
000 X 000 Xxxxxxxxx XX 38,424 38,424 38,424 38,424 38,424 38,424 38,424
000 X 000 Xxxxxxxx XX 78,592 78,592 78,592 78,592 78,592 78,592 78,592
000 X 000 Xxxxxxxx XX 25,760 25,760 25,760 25,760 25,760 25,760 25,760
000 X 000 Xxxxxx XX 60,696 60,696 60,696 60,696 60,696 60,696 60,696
000 X 000 Xxxxxxxx XX 23,576 23,576 23,576 23,576 23,576 23,576 23,576
000 X 000 Xxxxx Xxxxx XX 61,960 61,960 61,960 61,960 61,960 61,960 61,960
000 X 000 Xxxxxxx XX 58,072 58,072 58,072 58,072 58,072 58,072 58,072
000 X 000 Xxxx Xxxx XX 65,936 65,936 65,936 65,936 65,936 65,936 65,936
000 X 000 Xxx Xxxxxxxx XX 57,200 57,200 57,200 57,200 57,200 57,200 57,200
000 X 000 Xxxxxx XX 38,064 38,064 38,064 38,064 38,064 38,064 38,064
000 X 000 X. Xxxxxxxx XX 42,352 42,352 42,352 42,352 42,352 42,352 42,352
102 F 000 Xxxxxxx XX 28,816 28,816 28,816 28,816 28,816 28,816 28,816
000 X 000 Xxxxxxxxxx XX 2,616 2,616 2,616 2,616 2,616 2,616 2,616
000 X 000 Xxxxxxxx XX 46,404 46,404 46,404 46,404 46,404 46,404 46,404
102 F 6777 Milford CT 37,562 37,562 37,562 37,562 37,562 37,562 37,562
102 F 6813 Brookfield CT 37,984 37,984 37,984 37,984 37,984 37,984 37,984
102 F 6822 Manchester CT 28,676 28,676 28,676 28,676 28,676 28,676 28,676
102 F 6834 Ridgefield CT 54,326 54,326 54,326 54,326 54,326 54,326 54,326
102 F 6836 Bridgeport CT 54,144 54,144 54,144 54,144 54,144 54,144 54,144
102 F 6852 Middletown CT 70,296 70,296 70,296 70,296 70,296 70,296 70,296
102 F 6862 Stratford CT 33,624 33,624 33,624 33,624 33,624 33,624 33,624
000 X 00000 Xxxxxx XX 49,344 49,344 49,344 49,344 49,344 49,344 49,344
000 X 00000 Xxxxxx Xxxxx XX 22,704 22,704 22,704 22,704 22,704 22,704 22,704
000 X 00000 Xxxxxxxx XX 16,592 16,592 16,592 16,592 16,592 16,592 16,592
000 X 00000 Xxxxxxxx XX 24,888 24,888 24,888 24,888 24,888 24,888 24,888
000 X 00000 Xxxx XX 16,592 16,592 16,592 16,592 16,592 16,592 16,592
000 X 00000 Xxxxxxx XX 84,704 84,704 84,704 84,704 84,704 84,704 84,704
000 X 00000 Xxxxxxxxx XX 22,272 22,272 22,272 22,272 22,272 22,272 22,272
000 X 00000 Xxxxxxxxx XX 23,576 23,576 23,576 23,576 23,576 23,576 23,576
000 X 00000 Xxxxxx XX 36,680 36,680 36,680 36,680 36,680 36,680 36,680
101 F 00000 X. Xxxxxxxx XX 35,368 35,368 35,368 35,368 35,368 35,368 35,368
000 X 00000 Xxxxxxxx XX 23,144 23,144 23,144 23,144 23,144 23,144 23,144
101 F 00000 X. Xxxxxxx XX 28,384 28,384 28,384 28,384 28,384 28,384 28,384
000 X 00000 Xxxxxx XX 36,240 36,240 36,240 36,240 36,240 36,240 36,240
000 X 00000 Xxxxxxx XX 83,832 83,832 83,832 83,832 83,832 83,832 83,832
000 X 00000 Xxxxxxx XX 86,016 86,016 86,016 86,016 86,016 86,016 86,016
000 X 00000 Xxxxxxxx XX 94,752 94,752 94,752 94,752 94,752 94,752 94,752
000 X 00000 Xxxxxx XX 62,872 62,872 62,872 62,872 62,872 62,872 62,872
000 X 00000 Xxxxxx XX 52,400 52,400 52,400 52,400 52,400 52,400 52,400
000 X 00000 Xxxxxxx XX 66,808 66,808 66,808 66,808 66,808 66,808 66,808
101 F 00000 Xxxxxxxxx XX 69,424 69,424 69,424 69,424 69,424 69,424 69,424
101 F 00000 Xxxxxxxxxx XX 61,128 61,128 61,128 61,128 61,128 61,128 61,128
F/Y 2012 Total
Reg Prop. Loc. Rent Rent
# Type # Town State Expense Expense
------------------------------------------------------------------------------
000 X 000 Xxxxxxxxx CT 27,944 419,161
000 X 000 Xxxx Xxxxx XX 65,056 975,843
000 X 000 Xxxxxxx Xxxxx XX 39,296 589,441
000 X 000 Xxxxxx XX 27,944 419,161
000 X 000 X. Xxxxxxxxxx XX 65,936 989,036
000 X 000 Xxxxxx XX 42,352 635,282
000 X 000 Xxxxxxxxx XX 37,552 563,279
000 X 000 Xxxxxx XX 54,144 812,159
000 X 000 Xxxxx Xxxxx XX 36,680 550,198
000 X 000 Xxxxx Xxxxx XX 25,760 386,402
000 X 000 Xxxxxxxxxx XX 52,400 785,997
000 X 000 Xxxxxxxxxx XX 41,480 622,201
000 X 000 Xx. Xxxxxx XX 45,848 687,719
000 X 000 Xxxxxxxxxx XX 84,056 1,160,842
000 X 000 Xxxxxxxxxx XX 41,592 629,882
000 X 000 Xxxxxxxxxx XX 27,072 406,080
000 X 000 Xxxxxxxxxx XX 20,960 314,399
000 X 000 Xxxxxxxxx XX 38,424 574,360
000 X 000 Xxxxxxxx XX 78,592 1,178,884
000 X 000 Xxxxxxxx XX 25,760 386,402
000 X 000 Xxxxxx XX 60,696 910,437
000 X 000 Xxxxxxxx XX 23,576 353,642
000 X 000 Xxxxx Xxxxx XX 61,960 929,400
000 X 000 Xxxxxxx XX 58,072 871,081
000 X 000 Xxxx Xxxx XX 65,936 989,036
000 X 000 Xxx Xxxxxxxx XX 57,200 858,000
000 X 000 Xxxxxx XX 38,064 572,557
102 F 000 X. Xxxxxxxx XX 42,352 635,282
102 F 000 Xxxxxxx XX 28,816 432,242
000 X 000 Xxxxxxxxxx XX 2,616 39,244
000 X 000 Xxxxxxxx XX 46,404 695,066
102 F 6777 Milford CT 37,562 563,429
000 X 0000 Xxxxxxxxxx XX 37,984 569,762
102 F 6822 Manchester CT 28,676 430,142
000 X 0000 Xxxxxxxxxx XX 54,326 818,890
102 F 6836 Bridgeport CT 54,144 812,159
000 X 0000 Xxxxxxxxxx CT 70,296 1,054,443
000 X 0000 Xxxxxxxxx XX 33,624 504,357
000 X 00000 Xxxxxx XX 49,344 740,156
000 X 00000 Xxxxxx Xxxxx ME 22,704 340,562
000 X 00000 Xxxxxxxx XX 16,592 248,880
000 X 00000 Xxxxxxxx XX 24,888 373,320
000 X 00000 Xxxx XX 16,592 248,880
000 X 00000 Xxxxxxx XX 84,704 1,270,562
000 X 00000 Xxxxxxxxx XX 22,272 334,077
101 F 28216 Wiscasset ME 23,576 353,642
000 X 00000 Xxxxxx XX 36,680 550,198
101 F 00000 X. Xxxxxxxx XX 35,368 530,520
000 X 00000 Xxxxxxxx XX 23,144 347,158
000 X 00000 X. Xxxxxxx ME 28,384 423,757
000 X 00000 Xxxxxx XX 36,240 543,601
000 X 00000 Xxxxxxx XX 83,832 1,257,483
000 X 00000 Xxxxxxx XX 86,016 1,290,242
000 X 00000 Xxxxxxxx XX 94,752 1,421,278
000 X 00000 Xxxxxx XX 62,872 943,084
000 X 00000 Xxxxxx XX 52,400 785,997
000 X 00000 Xxxxxxx XX 66,808 1,002,117
000 X 00000 Xxxxxxxxx XX 69,424 1,041,361
000 X 00000 Xxxxxxxxxx XX 61,128 916,921
Page 5 of 6
50
Leemilt's Properties
F/Y 1998 F/Y 1999 F/Y 2000 F/Y 2001 F/Y 2002 F/Y 2003 F/Y 2004
Reg Prop. Loc. Rent Rent Rent Rent Rent Rent Rent
# Type # Town State Expense Expense Expense Expense Expense Expense Expense
------------------------------------------------------------------------------------------------------------------------------------
000 X 00000 Xxxxx'x Xxxx XX 32,748 32,744 32,744 32,744 32,744 32,744 32,744
000 X 00000 X. Xxxxxxxx XX 58,073 58,072 58,072 58,072 58,072 58,072 58,072
000 X 00000 Xxxxxxxxxx XX 39,297 39,296 39,296 39,296 39,296 39,296 39,296
000 X 00000 Xxxxxxx XX 72,045 72,048 72,048 72,048 72,048 72,048 72,048
101 F 68611 Pawtucket RI 37,114 37,112 37,112 37,112 37,112 37,112 37,112
104 F 69004 Ephrata PA 17,902 17,904 17,904 17,904 17,904 17,904 17,904
000 X 00000 Xxxxxxxxxxxx XX 36,678 36,680 36,680 36,680 36,680 36,680 36,680
000 X 00000 Xxxx XX 40,171 40,168 40,168 40,168 40,168 40,168 40,168
000 X 00000 Xxxxxxxxx XX 24,452 24,448 24,448 24,448 24,448 24,448 24,448
000 X 00000 Xxxxxxxxx XX 24,452 24,448 24,448 24,448 24,448 24,448 24,448
000 X 00000 Xxxxxxxxx XX 75,538 75,536 75,536 75,536 75,536 75,536 75,536
000 X 00000 Xxxxxxxxxxx XX 21,395 21,392 21,392 21,392 21,392 21,392 21,392
000 X 00000 Xxxxxxx XX 24,452 24,448 24,448 24,448 24,448 24,448 24,448
000 X 00000 Xxxxxxx XX 21,395 21,392 21,392 21,392 21,392 21,392 21,392
000 X 00000 Xxxxxxxxxx XX 23,142 23,144 23,144 23,144 23,144 23,144 23,144
000 X 00000 Xxxxxxxx XX 18,339 18,336 18,336 18,336 18,336 18,336 18,336
000 X 00000 Xxxxxxxxx XX 15,282 15,280 15,280 15,280 15,280 15,280 15,280
000 X 00000 Xxxxxxxxxx XX 17,029 17,032 17,032 17,032 17,032 17,032 17,032
000 X 00000 Xxxx XX 17,029 17,032 17,032 17,032 17,032 17,032 17,032
000 X 00000 Xxxxxx XX 21,395 21,392 21,392 21,392 21,392 21,392 21,392
000 X 00000 Xxxxxxxx XX 17,029 17,032 17,032 17,032 17,032 17,032 17,032
000 X 00000 Xxxxxxxxxx XX 27,508 27,512 27,512 27,512 27,512 27,512 27,512
000 X 00000 Xxxxxxxxx XX 24,452 24,448 24,448 24,448 24,448 24,448 24,448
000 X 00000 Xxxxxxxxxx XX 24,015 24,016 24,016 24,016 24,016 24,016 24,016
000 X 00000 Xxx Xxxx XX 26,198 26,200 26,200 26,200 26,200 26,200 26,200
000 X 00000 Xxxxxxxxxx XX 20,085 20,086 20,086 20,086 20,086 20,086 20,086
000 X 00000 Xxxxxxxxxx XX 17,466 17,464 17,464 17,464 17,464 17,464 17,464
000 X 00000 Xxxxxxxxx XX 18,339 18,336 18,336 18,336 18,336 18,336 18,336
512 F 69502 Mount Joy PA 18,339 18,336 18,336 18,336 18,336 18,336 18,336
000 X 00000 Xxxxxxxxx XX 35,368 35,368 35,368 35,368 35,368 35,368 35,368
000 X 00000 Xxx Xxxxxxx XX 37,114 37,112 37,112 37,112 37,112 37,112 37,112
000 X 00000 Xxxxxxxxxx XX 21,395 21,392 21,392 21,392 21,392 21,392 21,392
000 X 00000 Xxxxxxx XX 10,916 10,912 10,912 10,912 10,912 10,912 10,912
000 X 00000 Xxxxxxxxxx Xxxxx XX 47,594 47,592 47,592 47,592 47,592 47,592 47,592
000 X 00000 Xx. Xxxxx XX 9,168 9,168 9,168 9,168 9,168 9,168 9,168
000 X 00000 Xxxxxxx XX 44,974 44,976 44,976 44,976 44,976 44,976 44,976
000 X 00000 X. Xxxxxxx XX 52,397 52,400 52,400 52,400 52,400 52,400 52,400
000 X 00000 Xxxxxxxxxxxx XX 20,522 20,520 20,520 20,520 20,520 20,520 20,520
000 X 00000 Xxxxxxx XX 37,551 37,552 37,552 37,552 37,552 37,552 37,552
000 X 00000 Xxxxxxxxxxxx XX 41,917 41,920 41,920 41,920 41,920 41,920 41,920
000 X 00000 Xxxxxxx XX 22,269 22,272 22,272 22,272 22,272 22,272 22,272
000 X 00000 Xxxxxxxxxx XX 65,496 65,496 65,496 65,496 65,496 65,496 65,496
000 X 00000 Xxxxxxxxxx XX 108,286 108,288 108,288 108,288 108,288 108,288 108,288
000 X 00000 Xxxxxxxxxx XX 120,075 120,072 120,072 120,072 120,072 120,072 120,072
14,328,748 14,328,739 14,328,739 14,328,739 14,328,739 14,328,739 14,328,739
F/Y 2005 F/Y 2006 F/Y 2007 F/Y 2008 F/Y 2009
Reg Prop. Loc. Rent Rent Rent Rent Rent
# Type # Town State Expense Expense Expense Expense Expense
------------------------------------------------------------------------------------------------------------------------------
000 X 00000 Xxxxx'x Xxxx XX 32,744 32,744 32,744 32,744 32,744
000 X 00000 X. Xxxxxxxx XX 58,072 58,072 58,072 58,072 58,072
000 X 00000 Xxxxxxxxxx XX 39,296 39,296 39,296 39,296 39,296
000 X 00000 Xxxxxxx XX 72,048 72,048 72,048 72,048 72,048
101 F 68611 Pawtucket RI 37,112 37,112 37,112 37,112 37,112
104 F 69004 Ephrata PA 17,904 17,904 17,904 17,904 17,904
000 X 00000 Xxxxxxxxxxxx XX 36,680 36,680 36,680 36,680 36,680
000 X 00000 Xxxx XX 40,168 40,168 40,168 40,168 40,168
000 X 00000 Xxxxxxxxx XX 24,448 24,448 24,448 24,448 24,448
000 X 00000 Xxxxxxxxx XX 24,448 24,448 24,448 24,448 24,448
000 X 00000 Xxxxxxxxx XX 75,536 75,536 75,536 75,536 75,536
000 X 00000 Xxxxxxxxxxx XX 21,392 21,392 21,392 21,392 21,392
000 X 00000 Xxxxxxx XX 24,448 24,448 24,448 24,448 24,448
000 X 00000 Xxxxxxx XX 21,392 21,392 21,392 21,392 21,392
000 X 00000 Xxxxxxxxxx XX 23,144 23,144 23,144 23,144 23,144
000 X 00000 Xxxxxxxx XX 18,336 18,336 18,336 18,336 18,336
000 X 00000 Xxxxxxxxx XX 15,280 15,280 15,280 15,280 15,280
000 X 00000 Xxxxxxxxxx XX 17,032 17,032 17,032 17,032 17,032
000 X 00000 Xxxx XX 17,032 17,032 17,032 17,032 17,032
000 X 00000 Xxxxxx XX 21,392 21,392 21,392 21,392 21,392
000 X 00000 Xxxxxxxx XX 17,032 17,032 17,032 17,032 17,032
000 X 00000 Xxxxxxxxxx XX 27,512 27,512 27,512 27,512 27,512
000 X 00000 Xxxxxxxxx XX 24,448 24,448 24,448 24,448 24,448
000 X 00000 Xxxxxxxxxx XX 24,016 24,016 24,016 24,016 24,016
000 X 00000 Xxx Xxxx XX 26,200 26,200 26,200 26,200 26,200
000 X 00000 Xxxxxxxxxx XX 20,086 20,086 20,086 20,086 20,086
000 X 00000 Xxxxxxxxxx XX 17,464 17,464 17,464 17,464 17,464
000 X 00000 Xxxxxxxxx XX 18,336 18,336 18,336 18,336 18,336
512 F 69502 Mount Joy PA 18,336 18,336 18,336 18,336 18,336
000 X 00000 Xxxxxxxxx XX 35,368 35,368 35,368 35,368 35,368
000 X 00000 Xxx Xxxxxxx XX 37,112 37,112 37,112 37,112 37,112
000 X 00000 Xxxxxxxxxx XX 21,392 21,392 21,392 21,392 21,392
000 X 00000 Xxxxxxx XX 10,912 10,912 10,912 10,912 10,912
000 X 00000 Xxxxxxxxxx Xxxxx XX 47,592 47,592 47,592 47,592 47,592
000 X 00000 Xx. Xxxxx XX 9,168 9,168 9,168 9,168 9,168
000 X 00000 Xxxxxxx XX 44,976 44,976 44,976 44,976 44,976
000 X 00000 X. Xxxxxxx XX 52,400 52,400 52,400 52,400 52,400
000 X 00000 Xxxxxxxxxxxx XX 20,520 20,520 20,520 20,520 20,520
000 X 00000 Xxxxxxx XX 37,552 37,552 37,552 37,552 37,552
000 X 00000 Xxxxxxxxxxxx XX 41,920 41,920 41,920 41,920 41,920
000 X 00000 Xxxxxxx XX 22,272 22,272 22,272 22,272 22,272
000 X 00000 Xxxxxxxxxx XX 65,496 65,496 65,496 65,496 65,496
000 X 00000 Xxxxxxxxxx XX 108,288 108,288 108,288 108,288 108,288
000 X 00000 Xxxxxxxxxx XX 120,072 120,072 120,072 120,072 120,072
14,328,739 14,328,739 14,328,739 14,328,739 14,328,739
F/Y 2010 F/Y 2011 F/Y 2012 Total
Reg Prop. Loc. Rent Rent Rent Rent
# Type # Town State Expense Expense Expense Expense
--------------------------------------------------------------------------------------------------------
000 X 00000 Xxxxx'x Xxxx XX 32,744 32,744 32,744 491,164
000 X 00000 X. Xxxxxxxx XX 58,072 58,072 58,072 871,081
000 X 00000 Xxxxxxxxxx XX 39,296 39,296 39,296 589,441
000 X 00000 Xxxxxxx XX 72,048 72,048 72,048 1,080,717
000 X 00000 Xxxxxxxxx XX 37,112 37,112 37,112 556,682
104 F 69004 Ephrata PA 17,904 17,904 17,904 268,558
000 X 00000 Xxxxxxxxxxxx XX 36,680 36,680 36,680 550,198
000 X 00000 Xxxx XX 40,168 40,168 40,168 602,523
000 X 00000 Xxxxxxxxx XX 24,448 24,448 24,448 366,724
000 X 00000 Xxxxxxxxx XX 24,448 24,448 24,448 366,724
000 X 00000 Xxxxxxxxx XX 75,536 75,536 75,536 1,133,042
000 X 00000 Xxxxxxxxxxx XX 21,392 21,392 21,392 320,883
000 X 00000 Xxxxxxx XX 24,448 24,448 24,448 366,724
000 X 00000 Xxxxxxx XX 21,392 21,392 21,392 320,883
000 X 00000 Xxxxxxxxxx XX 23,144 23,144 23,144 347,158
000 X 00000 Xxxxxxxx XX 18,336 18,336 18,336 275,043
000 X 00000 Xxxxxxxxx XX 15,280 15,280 15,280 229,202
000 X 00000 Xxxxxxxxxx XX 17,032 17,032 17,032 255,477
000 X 00000 Xxxx XX 17,032 17,032 17,032 255,477
000 X 00000 Xxxxxx XX 21,392 21,392 21,392 320,883
000 X 00000 Xxxxxxxx XX 17,032 17,032 17,032 255,477
000 X 00000 Xxxxxxxxxx XX 27,512 27,512 27,512 412,676
000 X 00000 Xxxxxxxxx XX 24,448 24,448 24,448 366,724
000 X 00000 Xxxxxxxxxx XX 24,016 24,016 24,016 360,239
000 X 00000 Xxx Xxxx XX 26,200 26,200 26,200 392,998
000 X 00000 Xxxxxxxxxx XX 20,086 20,086 20,086 301,289
000 X 00000 Xxxxxxxxxx XX 17,464 17,464 17,464 261,962
000 X 00000 Xxxxxxxxx XX 18,336 18,336 18,336 275,043
512 F 69502 Mount Joy PA 18,336 18,336 18,336 275,043
000 X 00000 Xxxxxxxxx XX 35,368 35,368 35,368 530,520
000 X 00000 Xxx Xxxxxxx XX 37,112 37,112 37,112 556,682
000 X 00000 Xxxxxxxxxx XX 21,392 21,392 21,392 320,883
000 X 00000 Xxxxxxx XX 10,912 10,912 10,912 163,684
000 X 00000 Xxxxxxxxxx Xxxxx XX 47,592 47,592 47,592 713,882
000 X 00000 Xx. Xxxxx XX 9,168 9,168 9,168 137,520
000 X 00000 Xxxxxxx XX 44,976 44,976 44,976 674,638
000 X 00000 X. Xxxxxxx XX 52,400 52,400 52,400 785,997
000 X 00000 Xxxxxxxxxxxx XX 20,520 20,520 20,520 307,802
000 X 00000 Xxxxxxx XX 37,552 37,552 37,552 563,279
000 X 00000 Xxxxxxxxxxxx XX 41,920 41,920 41,920 628,797
000 X 00000 Xxxxxxx XX 22,272 22,272 22,272 334,077
000 X 00000 Xxxxxxxxxx XX 65,496 65,496 65,496 982,440
000 X 00000 Xxxxxxxxxx XX 108,288 108,288 108,288 1,624,318
000 X 00000 Xxxxxxxxxx XX 120,072 120,072 120,072 1,801,083
14,328,739 14,328,739 14,328,739 214,931,097
Page 6 of 6
