The URL can be used to link to this page

Home My WebLink About55-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 55-25 File Number: 2025-106 UNITED STATES POSTAL SERVICE (LEASE RENEWAL): A RESOLUTION TO APPROVE A FIVE-YEAR LEASE AGREEMENT WITH THE UNITED STATES POSTAL SERVICE FOR SPACE IN THE AIRPORT TERMINAL BUILDING AT 4500 SOUTH SCHOOL AVENUE FOR RENT IN THE AMOUNT OF $36,500.00 PER YEAR, TO APPROVE A COMMISSION AGREEMENT WITH JONES LANG LASALLE AMERICAS, INC. IN THE AMOUNT OF $7,300.00, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign a five- year lease agreement with the United States Postal Service., a copy of which is attached to this Resolution and made a part hereof, for space in the Airport Terminal Building located at 4500 South School Avenue for rent in the amount of $36,500.00 per year with an option to renew for an additional five year term for rent in the amount of $38,325.00 per year. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign a commission agreement with Jones Lang Lasalle Americas, Inc. in the amount of $7,300.00 for brokering the lease, the cost of which has been offset by the increased rental rate. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on February 18, 2025 Approved: Molly Rawn, Mayor Attest p)v F 1"4Y�P.EV:VILLI Kara Paxton, City Clerk Treasurer Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 18, 2025 CITY COUNCIL MEMO 2025-106 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff FROM: Jared Rabren, Airport Director SUBJECT: Post Office Renewal and Commission Agreement and Approval of a Budget Adjustment RECOMMENDATION: The Aviation Division requests approval and signature of the Mayor for the renewal of a Lease agreement between City of Fayetteville and the United States Postal Service (USPS) and approval and signature of the Commission Agreement between City of Fayetteville and Jones Lang LaSalle Americas, Inc. (JLL), acting broker for USPS which includes a brokers fee to be paid by Drake Field and approval of a budget adjustment. BACKGROUND: Drake Field and the Postal Service have enjoyed a mutually beneficial relationship for the last twenty years. With the expiration of their most recent lease agreement, Airport Staff have negotiated a new agreement. DISCUSSION: The new five-year lease agreement remains largely unchanged from the previous arrangement, but includes a 36% increase in rent, and offers one additional five-year extension with a 5% increase, available in 2030. The Postal Service utilizes a 3rd Party broker to handle real estate transactions, as such all USPS contracts now include a contract with the broker and a commission fee, payable by the Lessor. BUDGET/STAFF IMPACT: UNITED STATES POSTAL SERVICE will pay $36,500 per year for five years, with the option to renew for an additional five years at $38,325 per year. Drake Field will pay a one-time commission fee of $7,300 — which has been built into the rental price — to JONES LANG LASALLE AMERICAS, INC. for brokering the agreement. ATTACHMENTS: SRF (#3) , BA (#4), USPS Lease - Greenland, AR (#5) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-106 Post Office Renewal and Commission Agreement and Approval of a Budget Adjustment A RESOLUTION TO APPROVE A FIVE-YEAR LEASE AGREEMENT WITH THE UNITED STATES POSTAL SERVICE FOR SPACE IN THE AIRPORT TERMINAL BUILDING AT 4500 SOUTH SCHOOL AVENUE FOR RENT IN THE AMOUNT OF $36,500.00 PER YEAR, TO APPROVE A COMMISSION AGREEMENT WITH JONES LANG LASALLE AMERICAS, INC. IN THE AMOUNT OF $7,300.00, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE.) ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign a five-year lease agreement with the United States Postal Service., a copy of which is attached to this Resolution and made a part hereof, for space in the Airport Terminal Building located at 4500 South School Avenue for rent in the amount of $36,500.00 per year with an option to renew for an additional five year term for rent in the amount of $38,325.00 per year. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign a commission agreement with Jones Lang Lasalle Americas, Inc. in the amount of $7,300.00 for brokering the lease, the cost of which has been offset by the increased rental rate. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Jared Rabren Submitted By City of Fayetteville Staff Review Form 2025-106 Item ID 2/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/27/2025 AIRPORT SERVICES (760) Submitted Date Division / Department Action Recommendation: The Aviation Division requests approval and signature of the Mayor for the renewal of a Lease agreement between City of Fayetteville and the United States Postal Service (USPS) and approval and signature of the Commission Agreement between City of Fayetteville and Jones Lang LaSalle Americas, Inc. (JLL), acting broker for USPS which includes a brokers fee to be paid by Drake Field and approval of a budget adjustment. 5550.760.3940-5314.00 Account Number Project Number Budgeted Item? No Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? Yes Item Cost Is a Budget Adjustment attached? Yes Budget Adjustment Remaining Budget Airport Fund Project Title I' $ 7,300.00 $ 7,300.00 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number AIRPORT SERVICES (760) /Org2 2025 Requestor: Dee Simpson BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff requests a BA to cover cost of the Jones Lang LaSalle Americas, Inc. brokers fee in the amount of $7,300.00. COUNCIL DATE: 2/18/2025 ITEM ID#: 2025-106 Holly Black 713712025 10:11 ANI Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 7,300 7,300 v.202513 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 5550.760.3940-4450.02 - 7,300 RE Rent/Lease - Rent - Terminal 5550.760.3940-5314.00 7,300 - EX Professional Services I of 1 (()0)JLL SUBJECT: GREENLAND - MAIN OFFICE (043663-002) Dear United States Postal Service Landlord, On behalf of the United States Postal Service ("Postal Service"), JLL is pleased to present the enclosed Lease Agreement for the above referenced property. Should you have feedback to the enclosed Lease Agreement, please contact me at 720-774-1626 or doug.smith@jll.com. The following instructions have been added for your convenience to help expedite lease execution: ■ Lease Agreement: o Sign each copy of the agreement where indicated. o Date each copy of the agreement on the designated line. o Signature(s) must be witnessed by two parties OR notarized. • Real Estate Conflict of Interest (COI) Certification Form: o Complete one COI form for each per person who signs the lease. Sign and date where indicated. ■ IRS Form W-9: o Complete items 1-7 where applicable, Part I, Part II, sign, and date where indicated. ■ Commission Agreement: o Sign name, print name, and date where indicated. ■ Entity Documentation: Provide documentation affirming the signator(ies) who have the authority to execute the lease. The names and official titles of the members/officers who are authorized to sign the lease must be written in the document provided. This information is required by the Postal Service. ■ Evidence of Title: Provide Deed/Certificate of Transfer of Title. **PLEASE SIGN AND RETURN THIS LEASE PACKET** Using the enclosed envelope, please mail all requested forms with original signatures. Please note that postage is required. Upon acceptance and execution by the Postal Service, an original executed Lease will be returned to you. Notice: All owners of record are advised to read the Lease thoroughly to ensure that each party is in agreement with the terms and conditions of this contract. Respectfully, Doug i W, 4 7 M//W/ Douglas Smith Transaction Management Jones Lang LaSalle (JLL) 1225 Seventeenth Street, Suite 1850 Denver, Colorado 80202 Mobile (720) 774-1626 Fax (312) 416-5184 Doug. Smith ONLL.corn www.JLL.com FACILITIES HEADQUARTERS JUUNITEDSTATES POSTAL SERVICE October 1, 2022 Dear Postal Service Landlord: The Postal Service awarded a National Contract for Real Estate Services to Jones Lang LaSalle Americas, Inc. (JLL) in April 2017. JLL has experience and expertise in real property transactions and will be providing real estate support services, including lease management and brokerage services. The contract with JLL became effective on April 21, 2017. This National Contract for our Real Estate Services Provider (RESP) entitles JLL to serve as the Tenant Representative on the behalf of the Postal Service for your leasing transaction. The Postal Service expects that you will pay a commission to the JLL representative for leasing services pursuant to a separate agreement between you and the JLL representative. The Postal Service understands that the rental rate may reflect this commission payment, along with other market -based factors. The Postal Service expects that the JLL representative will be respectful and professional in representing the Postal Service's interests and that you will work cooperatively with the JLL representative on the leasing transaction. We appreciate your cooperation in working with the Postal Service's Tenant Representative. If you have any questions, please contact Tim Kastens, JLL Contract Executive at 202-719-5749 or at Tim.Kastens@am.jll.com. Sincerely yours, Donald L. Mackey Director, Facilities Leasing (A) 7029 ALBERT PICK RD SUITE 300 GREENSBORO, NC 27409-0300 WVWV.USPS.COM Jan 27, 2025 COMMISSIONAGREEMENT This Commission Agreement (this "Agreement"), made as of the last date written below, is between CITY OF FAYETTEVILLE ("Lessor"), and Jones Lang LaSalle Americas Inc ("Broker") as co -broker to Jones Lang LaSalle Americas, Inc. ("Agreement"). ("Agreement"), and confirms the terms under which Lessor will pay a real estate brokerage commission to Broker if a lease ("Lease") is executed by Lessor and the United States Postal Service ("Tenant") for that certain real property described as: GREENLAND MAIN OFFICE, 4500 S SCHOOL AVE STE P, GREENLAND, AR USPS Property ID 043663-002 Hereinafter, the "Property" 1. Lessor will pay Broker, and Broker will accept as its compensation for representing Tenant in connection with the Lease a commission equal to: Annual Rent Aggregate Lease Value Commission Rate Commission Amount Due $36,500.00 $182,500.00 4.00% $7,300.00 2. The commission will be earned 100% upon full execution of the Lease and will be paid to Broker within thirty (30) days. 3. The Aggregate Lease Value will include the initial rental to be paid by Tenant on all space leased by the Tenant and any fixed annual or other periodic bumps and/or fixed annual other periodic rent escalations occurring during the initial term of the Lease. The Aggregate Lease Value will not include any rental abatement, operating expenses and/or real estate taxes, any additional amounts paid by Tenant for services over and above those furnished by Lessor as part of the Lease, and option periods and/or lease terms beyond the initial term of the Lease. In no event shall the foregoing preclude Broker from receiving a commission for any extension, renewal, expansion or additional leasing in the event Tenant has engaged Broker to represent it. 4. Lessor agrees that it will not modify or in any way reduce the amount of Broker's commission hereunder. & This AgFeefpeF► iGh the I f.—, �y is lesated-4-eithef tie nst-the ethef felatingto te-pr,%isions e#this AQ buFse the pFevailing party all FeasefFabt rAs-. TI IF! PARTIES 1 'EIREBY WAIVE TRIAL BY jURY. Delinquent payments heFeundeF shall eBFA iMeFest at the Fate of ene and a half -peFseRt-o-+ %YpefL, r h-from-the-dateAue-unti4-pa4. Section 5. of the Commission Agreement is deleted in its entirety. 6 In the event of a sale or other conveyance of the Property by Lessor, any portion of the commission which has not yet been paid to Broker pursuant to this Agreement shall thereupon become due and payable by Lessor in full upon closing of the sale or conveyance of the Property, unless the buyer or new owner of the Property executes and delivers to Broker an agreement, reasonably acceptable to Broker, which assumes the obligation to pay the unpaid portion of the commission to Broker. If the foregoing occurs, then Lessor shall have no further liability for the unpaid portion of the commission. 7. This Agreement will continue to be in effect until the first anniversary of its full execution. If on the first anniversary the Lessor and Tenant are still negotiating for the Lease of the Property, to the extent not prohibited by law, this Agreement will be automatically extended until such negotiations cease, or a lease is fully executed. 8. Pursuant to applicable state code or statute, Broker reserves the right to file a lien on the Property to secure the commission due to Broker hereunder. 9. This Agreement constitutes the entire agreement between Lessor and Broker and supersedes all prior discussions, negotiations, and agreements, whether oral or written. No amendment, alteration, or withdrawal of this Agreement will be valid or binding unless made in writing and signed by both Lessor and Broker. This Agreement will be binding upon the successors and assignees of the parties. 10. Lessor acknowledges that a client fee share may be payable by Broker to Tenant, if allowed by applicable law. 11. Each signatory to this Agreement represents and warrants that it has full authority to sign this Agreement on behalf of the party for whom it signs, and that this Agreement binds such party. BROKER: Jones Lang LaSalle Americas, Inc By: Name and Ti e LESSOR: CITY OF FAYETTEVILLE By: MOLLY RAWN, MAYOR Name and Title Dated: /�Y/�'� Dated: February 18, 2025 Listed below is the W-9 information currently on file. Please enter this same information into the new W-9, unless there is new/ updated information to be added instead. Form w=9 (Rev. March 2024) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Go to wwwJrs.gov/FormW9 for instructions and the latest information. Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. Give form to the requester. Do not send to the IRS. 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner's name on line 1, and enter the business/disregarded entity's name on line 2.) City of Fayetteville 2 Business name/disregarded entity name, if different from above. L6 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check 4 Exemptions (codes apply only to monly one of the following seven boxes. certain entities, not individuals; o. c ❑ Individual/sole proprietor ❑ C corporation ❑ S corporation ❑ Partnership ❑ Trust/estate see instructions on page 3): 0 ❑ LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) . . . . Exempt payee code (if any) a allote: Check the "LLC" box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax o box for the tax classification of its owner. Compliance Act (FATCA) reporting ✓❑ Other (see instructions) Government/Inc code (if any) CL 3b If on line 3a you checked "Partnership" or "Trust/estate," or checked "LLC" and entered "P" as its tax classification, yU'- (Applies to accounts maintained m and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if have foreign beneficiaries. See instructions ❑ outside the United States.) N you any partners, owners, or . . . . . . . . . Q5 Address (number, street, and apt. or suite no.). See instructions. Requester's name and address (optional) 113 W Mountain St 6 City, state, and ZIP code Fayetteville, AR 72701 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a - M - resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a or TIN, later. Employer identification number Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter. Ffli - b 0 1 8 4 6 2 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Signature of Here I U.S. person General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. What's New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the "LLC" box and enter its appropriate tax classification. Date iI I a l go a5 New line 3b has been added to this form. A flow -through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow -through entity in which it has an ownership interest. This change is intended to provide a flow -through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024) UNITED STATES POSTAL SERVICE-mi Lease GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P, GREENLAND, AR 72737-8801 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 Lease (Multi -Tenant Form) County: Washington Lease: Q00000774563 This Lease, by and between CITY OF FAYETTEVILLE, ("Landlord") and the United States Postal Service ("USPS" or "Postal Service"), is made as of the Effective Date. The "Effective Date" shall mean the date the Postal Service executes this Lease. In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which are hereby acknowledged, the parties covenant and agree as follows: 1. PREMISES: Landlord hereby leases to the Postal Service and the Postal Service leases from Landlord, the following premises (the "Premises") located in a building having a street address of 4500 S SCHOOL AVE STE P, GREENLAND, AR 72737-8801 (the "Building") situated upon the real property with an Assessor's Parcel Number of 765-13310-000 (the "Property"). The Premises consists of approximately 2,100 square feet of net interior space as shown cross -hatched on Exhibit A and additional space,if any, as shown on Exhibit C, each of which is attached hereto and incorporated herein by this reference. The Postal Service shall have the non-exclusive right in common with other tenants, if any, of the Building to use any and all stairways, halls, toilets and sanitary facilities, and all other general common facilities in the Building as well as appurtenances and easements benefiting the Premises and the Property, and all common sidewalks, driveways, drive lanes, entrances, exits, access lanes, roadways, service areas, parking and other common areas, wherever located in or on the Property, which the Postal Service deems necessary or appropriate to support its intended use of the Premises and to exercise its rights under this Lease. Landlord shall not make any changes to the size, location, nature, use or place any installations upon, the common areas, including, without limitation the sidewalks and parking areas, of the Property which impair the accessibility to or visibility of or ease of use of the Premises by the Postal Service and/or its customers, as reasonably determined by the Postal Service. The Landlord has supplied the following systems and equipment: 1. Heating System 2. Air Conditioning System 3. Electrical Distribution System 4. Light Fixtures 5. Water Distribution System including hot water supply 6. Sewer or Septic System The maintenance of these items is governed by the Maintenance Rider USPS Responsibility -Partial attached to this Lease (the "Maintenance Rider"). 2. TERM: The Lease shall be effective as of the Effective Date but the term of this Lease and the obligations of the Postal Service, including the payment of any charges or rent under this Lease, shall be for a period of 4 years, 11 months, and 15 days commencing on February 17, 2025 ("Commencement Date") and ending on January 31, 2030, unless sooner terminated or extended as provided herein. If this Lease is extended, then such extended period shall also be referred to herein as the "term." 3. RENT: The Postal Service will pay Landlord an annual rent of: $36,500.00 ("Rent"), payable in equal installments at the end of each calendar month during the term. Rent for a part of a month will be prorated according to the number of days of the month occurring during term. Rent shall be paid to: CITY OF FAYETTEVILLE March 2021 Page 1 of 2 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 % AVIATION & ECONOMIC DEV 4500 S SCHOOL AVE STE F FAYETTEVILLE, AR 72701-8016 Lease (Multi -Tenant Form) County: Washington Lease: Q00000774563 4. RENEWAL OPTIONS: The Postal Service shall have the right to the following renewal options: Period Annual Rent 02/01 /2030 01 /31 /2035 $38,325.00 provided that notice of exercise of each such renewal option is sent in writing, to the Landlord at least 0 days before the end of the initial Lease term and each renewal term. All other terms and conditions of this Lease will remain the same during any renewal term unless stated otherwise herein. 5. OTHER PROVISIONS: When used herein the term "lease" or "Lease" includes all of the following additional provisions, modifications, riders, layouts, and/or forms which were agreed upon prior to execution and made a part of this Lease. • General Conditions to USPS Lease • Exhibit A (Legal Description of Property) • Exhibit B (Parking Area) • Exhibit C (Premises Area) • Utilities and Services Rider • Maintenance Rider Underground Storage Tanks Landlord Responsibility • Maintenance Rider USPS Responsibility (Partial) 6. TERMINATION: There shall be no early termination rights, except as otherwise provided in this Lease. 7. CONFLICT OF INTEREST. To avoid actual or apparent conflicts of interest, the Postal Service requires the certification set forth on the signature page from Landlord. The Postal Service will be relying on the accuracy of the statements made by you in this certification. If Landlord's certifications below are false, or Landlord breaches the certification and fails to notify the Postal Service Contracting Officer as provided below, then the Postal Service may exercise any or all of the following remedies: (i) withhold Rent and all other payments and reimbursements due or to become due under this Lease until Landlord remedies the misrepresentation or the Postal Service waives such conflict of interest, (ii) terminate the Lease on a date set forth in the notice to Landlord without penalty, or (iii) exercise any other remedy it may have for damages or injunctive relief. [Conflict of Interest/Signature Page Follows] March 2021 Page 2 of 2 I-2 n� R ME, Conflict of Interest/Signature Page r®my N..wmm. `ow'q� L e wgda Rs LAgE SOP`OGRea�D, nxsnssam, Plassstuck aPut miss Ass AbYsand niiSam 0Inner rsenes.,. ,neankfikimmsP s ..an.es A loesaThin yµlLitmu's: rl—me�,xo�,Pma��m,�s�„on� som.«amom.ao.m.ae��.m b.,,��em.e�ee.a«w� cb—AomH�mw. m, Psi Sr.,re.maa�Ra:Yes�m�,esw��m„m„eao.mw«� w, t��m.�s�ma� (?«si sent ¢sere mmmmef'mw szaxempyemab�vresxogmvamwnammnareNwrrwinaremryn S. eAn h..i .Ptsbl s m µa: !ry xmenmeom.z antexwynCl�Rmcpmv (A P.Fl S.. emWv=e camel (rmel gel PbsnmzwvnvxssctkP meismu4 (wmG M1anhTI Nprne) emrennovawmrme Poawsen� (reel 6a'aTl mmmmbmwv svnre hunnecamel xanv �trmel camel rynegium wmanmeimssann nw61 a+�Nl«I mR.w �e�meh�wvmmnsmrestomemrepns�n�aarv�nnmmrss �wmnrm®rvsu�®�re+�asutlaeemwa+av�aabmn ffie.wore `sagnresnw arpiesLANDLORD e yeivn agivg IMa L®e aeeNa wpn luuab N m�nry Mtl MHwFry lua M1II pass enY eutlwNy b dun th ISMUJ unseen LeXrv. MAlME CRY OF FAYETTFEali I . renalramm Fusee, Aug Pmtim,, YIXIY RAWN TamreKeaner MAYOR Sunni rummisy 18,2(35 0.& lermoremust be witnessed by indrvtluss� which sha sign xMre indicated abuse ekMme e318 ]fi<l�Lt nal Ad®® jraLrenQtayetteniky.Wei 8 thmneriltayetlenibe w.Vv Amman nusss w+vum session tom) Diiitullysgnca POSTAL seavlCe Terrenw P. Brennan Ds"M SYm: ma Tme. Cmbanag Obrer Msmk m, Rumia. UNITED STATES `: POSTAL SERVICE. Exhibits Facility Name/Location County: Washington GREENLAND - MAIN OFFICE (043663-002) Lease: Q00000774563 4500 S SCHOOL AVE STE P, GREENLAND, AR 72737-8801 Exhibit A (Page 1 of 2) [Legal Description of Property] A portion of: The northern portion of the Fayetteville Municipal Airport Terminal Building, Drake Field, Highway 71 South, Fayetteville, AR. Q USPS Premises March 2021 Page 1 of 4 UNITED STATES `: POSTAL SERVICE. Facility Name/Location County: Washington GREENLAND - MAIN OFFICE (043663-002) Lease: Q00000774563 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 Exhibit A (Page 2 of 2) n, 70 2737 JNICIPAL AL Exhibits Page 2 (a) March 2021 Page 2 of 4 UNITED STATES POSTAL SERVICE: Facility Name/Location County: Washington GREENLAND - MAIN OFFICE (043663-002) Lease: Q00000774563 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 Exhibit B Parking Area (If Applicable) Intentionally Left Blank Exhibits March 2021 Page 3 of 4 UNITED STATES POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P, GREENLAND, AR 72737-8801 Lease Defined Space Measurements Rentable SF: Total USPS Leased SF: Total Property Site SF: Exterior, Platform and Ramp: County: Washington Lease: Q00000774563 Exhibit C Premises Area Sq ft 2,100 2,100 2,100 70 Area Comments Intentionally Left Blank Common/Joint Use Area Parking and Maneuvering: Entrance, ext. walks: Exhibits Sq ft 5,000 500 March 2021 Page 4 of 4 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 1. APPLICABLE CODES AND ORDINANCES General Conditions to USPS Lease County: Washington Lease: Q00000774563 The Landlord shall comply with all codes and ordinances applicable to the ownership and operation of the Building and Property without regard to the Postal Service tenancy and obtain all necessary building permits, certificates of occupancy, and similar related items at no cost to the Postal Service. The Postal Service agrees (i) to comply with all applicable codes and ordinances to the operations of the Postal Service at the Premises, to the extent enforceable against the Postal Service, and (ii) when the Postal Service or one of its contractors (other than Landlord) is performing work at the Premises, the Postal Service will be responsible for obtaining applicable permits and related items and to pay the associated costs. Nothing herein shall be construed as a waiver of the Postal Service's sovereign immunity. 2. LANDLORD'S INTEREST a. Landlord represents and warrants to the Postal Service that as of the Effective Date, (i) Landlord owns and holds fee title in and to the Building, the Premises and the Property; (ii) there are no encumbrances, liens, agreements, or covenants in effect that would materially interfere with the Postal Service's ability to operate its operations, materially impair the Postal Service's rights under this Lease, or materially increase the Postal Service's obligations under this Lease; and (iii) Landlord is unaware of any existing or impending condemnation plans, proposed special assessments or other adverse physical conditions relating to the Property (provided that if the Premises has been previously occupied by the Postal Service, then Landlord's representation regarding adverse physical conditions relating to the Property is limited to conditions that Landlord is responsible to maintain, repair, replace or remediate under this Lease). The term "Landlord" as used herein shall mean only the owner or owners, at the time in question, of the fee title (or a tenant's interest in a ground lease) of the Property. b. If this Lease provides for payments aggregating $10,000 or more to Landlord, claims for monies due or to become due from the Postal Service under it may be assigned by Landlord to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party at a time, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this Lease. No assignment or reassignment by Landlord will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment and other reasonable documentation, including without limitation, a W-9, is filed with: 1. the Postal Service's Contracting Officer; and 2. the surety or sureties, if any, upon any bond. c. Assignment by Landlord of this Lease or any interest in this Lease other than in accordance with the provisions of this clause will be grounds for termination of this Lease by the Postal Service. d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the Premises by Landlord, provided that: 1. such transfer is subject to this Lease; 2. a copy of the recorded deed or other official transfer instrument evidencing the transfer is provided to the Postal Service; and March 2021 Page 1 of 11 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 General Conditions to USPS Lease County: Washington Lease: Q00000774563 3. Landlord shall cause its assignee or transferee to assume the provisions of this Lease and Landlord shall deliver notice of such assignment or transfer and a copy of the effective instrument of transfer to the Postal Service within 15 days after the date of transfer. In addition, both the original Landlord and the successor landlord shall execute the standard Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form to be provided by the Postal Service within 15 days after receipt of such form from the Postal Service and the successor landlord shall provide other reasonable documentation, including without limitation, a W-9 and the standard Conflict of Interest Certification form. If a transfer occurs due to the death or dissolution of the Landlord, the Postal Service may reasonably request such other documentation to evidence the transfer to, and ownership by,the successor landlord, including but not limited to, a W-9 and an agreement to indemnify and hold harmless the Postal Service with respect to any claims by other parties of ownership interest in the Premises or entitlement to the Rent. The Postal Service shall be entitled to continue to pay rent and give all notices to Landlord until it has received the foregoing from Landlord. Landlord shall deliver all such funds in which the Postal Service has an interest to Landlord's successor or assignee. Provided Landlord's successor or assignee expressly assumes Landlord's duties and covenants under this Lease as required hereunder, Landlord shall be released from all liability toward the Postal Service arising from this Lease because of any act, occurrence or omission of Landlord's successors occurring after the transfer of Landlord's interest in this Lease. Nothing herein shall be deemed to relieve Landlord of any liability for its acts, omissions or obligations occurring or accruing up to and including the date of such assumption by Landlord's successor, and the Postal Service shall be free to exercise any and all remedies for a Landlord default against either the Landlord or a successor landlord, at the election of the Postal Service. Notwithstanding anything to the contrary contained herein, in the case of new leased space projects, this Lease may only be assigned or ownership of the property transferred following commencement of the fixed term, unless prior written consent is obtained from the Postal Service. 3. ASSIGNMENT/SUBLEASE BY THE POSTAL SERVICE The Postal Service may sublet all or any part of the Premises or assign this Lease only with the prior written consent of Landlord, such consent not to be unreasonably withheld, conditioned, or delayed, but the Postal Service shall not be relieved from any obligation under this Lease by reason of any subletting or assignment. If Landlord fails to respond in writing to a written request to sublease or assign from the Postal Service within 30 days after receipt by Landlord of the Postal Service's written request, Landlord shall be deemed to have consented to such sublease or assignment, as applicable. 4. ALTERATIONS AND RESTORATION a. The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures and install flags or signs in or upon the Premises or common areas (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the Property); which fixtures, additions, structures, flags or signs so placed in, upon or attached to the Premises or common areas shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service at any time and from time to time, including, without limitation, at the end of the term, subject to the provisions of Section 4b below. b. Upon expiration or termination of this Lease, the Postal Service shall remove its personal property and restore the Premises to a "broom clean" condition with any systems and structures for which the Postal Service is responsible (under the Maintenance Rider attached to this Lease) in working order. Except as provided to the contrary in the immediately preceding sentence, the Postal Service shall not be responsible to restore any condition due to reasonable and ordinary wear and tear, damages by the elements, or by circumstances over which the Postal Service has no control. The Postal Service at its sole option may, prior to the expiration or termination of the March 2021 Page 2 of 11 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 General Conditions to USPS Lease County: Washington Lease: Q00000774563 Lease, remove any or all of its alterations or improvements or elect to abandon the alterations or improvements in or on the Premises. If the Postal Service elects to abandon, the abandoned alterations and improvements shall become the property of the Landlord and the Postal Service shall be relieved of any liability in connection therewith; provided, however, if following expiration of the Lease the Postal Service enters into a new lease agreement with Landlord to remain in the Premises, the Postal Service shall have continued responsibility for maintenance of such alterations or improvements which were installed by the Postal Service during the term of this Lease (and not by Landlord) in accordance with the Maintenance Rider attached to this Lease. 5. [RESERVED] 6. INSURANCE a. Postal Service's Insurance. Landlord acknowledges that the Postal Service does not routinely purchase commercial insurance or maintain a separate account for potential claims, as is required to technically be considered "self -insured." Rather, the Postal Service is authorized to pay proper claims against it out of its general revenue fund and available credit, and is subject to suit for damages. Liability claims against the Postal Service are governed by the Federal Tort Claims Act, 39 U.S.C. §409(c), with the specific provisions being set forth at 28 U.S.C. §§1346(b), 2401(b), and 2671-2680. With respect to the issue of Workers' Compensation coverage, pursuant to 39 U.S.C. §1005(c), the Federal Employees' Compensation Act ("FECA"), 5 U.S.C. §§8101 et seq., is the exclusive remedy for all postal employees who sustain personal injuries on the job. While the Landlord is hereby waiving its standard insurance requirements for the Postal Service, if at any time the Postal Service assigns or subleases any portion of the Premises in accordance with the terms of this Lease to a non -governmental entity, Landlord has the right to impose its reasonable insurance requirements on the assignee and/or subtenant which are based on the assignee's and/or subtenant's proposed use of the Premises including the requirement that the assignee and/or subtenant reimburse Landlord for any increase in insurance premiums incurred by Landlord as a result of the assignee and/or subtenant's proposed use for the balance of the Term and any extensions, all as a condition of the assignment or sublease. b. Landlord's Insurance. Landlord shall, at its own expense, obtain and keep in full force and effect, the following insurance from an insurance company with a Best's rating of at least A- and a Best's financial performance rating of at least 7. The insurance required to be carried by Landlord under this Section shall be referred to herein as "Landlord's Insurance." Upon request, Landlord shall provide the Postal Service with a copy of the certificate of insurance and either a premium bill evidencing Landlord's Insurance or a statement signed by Landlord's insurer confirming the date to which the premium has been paid in full, together with the appropriate form stating Landlord's insurance policy(ies) has been endorsed. (i) Liability Insurance. Bodily injury, personal injury and property damage insurance, naming the Postal Service as an additional insured, insuring against claims of bodily injury or death, personal injury or property damage, arising out of or in connection with Landlord's acts or omission upon, in or about the Property, with an each occurrence limit of not less than $2,000,000 and a general aggregate limit of not less than $2,000,000. Landlord's Insurance shall be primary with respect to any claim covered under such insurance and arising out of events that occur outside the Premises. Landlord shall have the right, but not the obligation, to increase the amounts or limits of insurance to such amounts as Landlord deems reasonably necessary. Landlord may, at Landlord's option, carry insurance required under this Section under an umbrella policy or policies for coverage amounts exceeding $1,000,000, provided that such umbrella policy or policies otherwise comply with the requirements of this Section. (ii) Property Insurance. Insurance covering loss or damage to the Premises and the Property by reason of fire (extended coverage) and those perils included within the classification of "Special Form Causes of Loss" March 2021 Page 3 of 11 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 General Conditions to USPS Lease County: Washington Lease: Q00000774563 insurance (with other appropriate endorsements), which insurance shall be in the amount of at least 90% of the full replacement value of the Premises (exclusive of excavation, footings, and foundations) as determined by insurance company appraisers or Landlord's insurance broker. (iii) Flood. Earthquake. and Tornado Insurance. Insurance covering loss or damage to the Premises and the Property by reason of flood, earthquake, or tornado, which insurance shall be in the amount in line with insurance carried by comparable property owners of comparable properties within the vicinity of the Property. 7. HAZARDOUS/TOXIC CONDITIONS CLAUSE a. Definitions. As used in this Lease, the following terms have the following meanings: "Environmental Laws" mean all federal, state or local statutes, laws, ordinances, rules or regulations, relating to protection of human health or the environment, including but not limited to (i) all laws relating to the release of Hazardous Materials into the air, surface water, groundwater or land, or relating to the reporting, investigation or remediation of, licensing, manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials; (ii) all laws pertaining to the protection of the health and safety of employees; and (iii) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601 et seq.; the Hazardous Materials Transportation Act as amended 49 U.S.C. §1801 et seq.; the Resource Conservation and Recovery Act, as amended 42 U.S.C. §6901 et seq.; and the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 et seq. "Hazardous Materials" mean (i) any toxic substance or hazardous waste, substance or related material, or any pollutant or contaminant that is or may hereafter be defined as or included in the definition of "hazardous substances," "toxic substances," "hazardous materials," "hazardous waste" or words of similar import under any and all Environmental Laws; (ii) petroleum, radon gas, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, transformers or other equipment that contain dielectric fluid containing levels of polychlorinated biphenyls in excess of federal, state or local safety guidelines, whichever are more stringent; and (iii) any substance, gas material or chemical that is or may hereafter be defined as or included in the definition of "hazardous substances," "toxic substances," "hazardous materials," "hazardous waste" or words of similar import under any Environmental Laws. "Environmental Contamination" means the presence of any Hazardous Materials which includes the presence of friable asbestos materials at any level, in, on, or under the Property, the Premises, common areas or the Building, at levels that require reporting to the enforcing environmental regulatory agency and/or environmental response action (s) under applicable Environmental Laws. "Asbestos -Containing Material" (ACM) means any material containing more than 1 % asbestos as determined by using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any ACM that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. b. Landlord Certification. By execution of this Lease, the Landlord certifies that, to the best of its knowledge and excluding any written disclosures made to the Postal Service: (i) the Property and Premises are free of Environmental Contamination; (ii) there are no undisclosed underground storage tanks or associated piping on, in, or under the Premises or Property; (iii) there are no ACMs, radon, lead -based paint, or lead piping or solder in drinking water systems, or in or on the Property; and (iv) Landlord has not received, nor is Landlord aware of, any notification or other communication from any party concerning any environmental condition, or violation or potential violation of any Environmental Law, regarding the Property or its vicinity. If the Landlord becomes aware of any such conditions, potential conditions, or violations of any Environmental Laws regarding the Property or its March 2021 Page 4 of 11 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 General Conditions to USPS Lease County: Washington Lease: Q00000774563 vicinity defined herein, subsequent to Lease commencement, Landlord must disclose the new information to the Postal Service as soon as possible, and under no circumstances later than 5 business days after first becoming aware. c. Environmental Condition of the Premises. (i) Unless due to the negligence of the Postal Service, if after the Commencement Date or any renewal thereof, Environmental Contamination is at any time identified on the Property, upon notification by the Postal Service, the Landlord agrees to remediate such Environmental Contamination to the extent required by Environmental Laws. Prior to performing any work, Landlord must seek and receive written approval from the Postal Service Contracting Officer of the Landlord's contractor and scope of work, and such approval will not be unreasonably withheld. The foregoing notwithstanding, the Postal Service shall pay that portion of the costs of remediation of Environmental Contamination caused directly by the negligence of the Postal Service. (ii) In performance of any work under this Clause, Landlord and Landlord's agents, contractors, and consultants (" Landlord's Agents") shall provide all information and data obtained, generated or learned as a result the work, including all verified lab data and all consultant reports, studies and analysis to Postal Service as soon as they become available, but no later than the seven business days after receipt. In addition, if requested by Postal Service, Landlord and Landlords Agents shall promptly make available to Postal Service access to all raw data, whether or not verified. Landlord also shall provide Postal Service with copies of all correspondence, information and documents submitted by or received by Landlord or Landlord's Agents from any third party or any governmental authority relating to the work promptly upon its receipt and/or submission by Landlord or Landlord's Agents. Postal Service shall be permitted to have representatives present during all work, and Landlord and Landlord's Agents shall provide to Postal Service samples, copies of the results of on -site testing and visual inspections, and complete access to all samples and tests taken or conducted. (iii) If the Landlord fails to remove Environmental Contamination to the extent required by Environmental Law, or otherwise respond in accordance with Environmental Law, to any Environmental Contamination, with such diligence as will ensure its completion within the time specified in Postal Service notice to Landlord (or any extension thereof as may be granted at the sole discretion of the Postal Service), or fails to complete the work within said time, as provided in the Maintenance Rider, the Postal Service shall have the right to perform the work (by contract or otherwise), and recover the cost plus any administrative cost and/or interest, from the Landlord and from Rent and any other payments and reimbursements due or to become due to Landlord from the Postal Service or the federal government. Completion of the work by Postal Service shall not relieve Landlord of its responsibility to perform the work in the future. In addition, the Postal Service may proportionally abate the Rent and other payments and reimbursements due or to become due under this Lease for any period the Premises, or any part thereof, are determined by the Postal Service to have been rendered untenantable or unavailable to it by reason of such condition. Alternatively, if Landlord fails to prosecute the work as required and the Postal Service determines that the Premises are untenantable or unfit for use or occupancy, with reasonable discretion, cancel this Lease in its entirety without liability. The remedies provided in this section are non-exclusive and are in addition to any remedies available to the Postal Service under applicable law. If non -friable ACM, whether disclosed by the Landlord prior to execution of this Lease or subsequently found in or on the Property after execution of this Lease, should become friable due to any cause other than the negligence of the Postal Service, the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM shall be performed by the Landlord at the Landlord's sole cost and expense. If ACM in or on the Property or the Building was rendered friable due to the negligence of the Postal Service (including any such negligence of the Postal Service under any prior lease or leases of the Premises), the Postal Service shall be liable for the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM at the Postal Service's sole cost and expense. The parties agree as follows: (1) neither of the following shall constitute the negligence of the Postal March 2021 Page 5 of 11 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 General Conditions to USPS Lease County: Washington Lease: Q00000774563 Service: (a) reasonable and ordinary wear and tear and (b) damages by the elements or by circumstances over which the Postal Service has no control; (2) to the extent a failure by the Postal Service to maintain the improvements containing ACM in accordance with the Postal Service's obligations under the Maintenance Rider in the current or a prior lease of the Premises causes asbestos in ACM in the Premises to become friable, such failure shall constitute the negligence of the Postal Service hereunder, and the Postal Service shall be liable for the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM at the Postal Service's sole cost and expense; and (3) to the extent a failure by the Landlord to maintain the improvements containing ACM in accordance with the Landlord's obligations under the Maintenance Rider in the current or a prior lease of the Premises causes asbestos in ACM in the Premises to become friable, such failure shall constitute the negligence of the Landlord hereunder, and the Landlord shall be liable for the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM at the Landlord's sole cost and expense. (iv) Without limiting the foregoing, regardless of whether Landlord is required by this Lease to provide fuel for a heating system as set forth in the Utilities and Services Rider, any investigative and remediation cost associated with a release or suspected release of fuel from the heating system, including any fuel tank, shall be the responsibility of the Landlord, unless, and to the extent that, the release is caused by the negligence of the Postal Service, in which event the Postal Service shall be responsible for a portion of the investigative and remediation costs associated with the release to the extent such release was due directly to the Postal Service's negligence. d. Landlord Indemnification of Postal Service. The Landlord hereby indemnifies and holds harmless the Postal Service and its officers, agents, representatives, and employees from and against any and all claims, losses, damages, actions, causes of action, expenses, fees and/or liability resulting from, brought for, or on account of any violation of this clause or in any way arising out of or connected to Environmental Contamination on the Property, except that Landlord shall not be required to indemnify the Postal Service for, and to the extent of, that portion of Environmental Contamination caused directly by the negligence of the Postal Service. e. Landlord Rights to Contribution. Nothing stated herein is intended to limit the right of the Landlord or the Postal Service to make claims for contribution or cost recovery under applicable laws against each other or any other persons or entities responsible for such Environmental Contamination. 8. FORCE MAJEURE In the event that either party shall be delayed or hindered in or prevented from the performance of any covenant, agreement, work, service, or other act required under this Lease to be performed by such party (a "Required Act"), and such delay or hindrance is due to causes entirely beyond its control such as riots, insurrections, martial law, civil commotion, war, acts or threats of terrorism, fire, flood, earthquake, delays by governmental authorities or other casualty or acts of God (a "Force Majeure Event"), then the performance of such Required Act shall be excused for the period of delay, and the time period for performance of the Required Act shall be extended by the same number of days in the period of delay. For purposes of this Lease, the financial inability of Landlord or the Postal Service to perform any Required Act, including (without limitation) failure to obtain adequate or other financing, shall not be deemed to constitute a Force Majeure Event. A Force Majeure Event shall not be deemed to commence sooner than 15 days before the date on which the party who asserts some right, defense or remedy arising from or based upon such Force Majeure Event gives written notice thereof to the other party hereto. If abnormal adverse weather conditions are the basis for a claim for an extension of time due to a Force Majeure Event, the written notice shall be accompanied by data substantiating (i) that the weather conditions were abnormal for the time and could not have been reasonably anticipated and (ii) that the weather conditions complained of had a significant adverse effect on the performance of a Required Act. To establish the extent of any delay to the performance of a Required Act due to abnormal adverse weather, a comparison will be made of the weather for the March 2021 Page 6 of 11 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 General Conditions to USPS Lease County: Washington Lease: Q00000774563 time of performance of the Required Act with the average of the preceding ten (10) years climatic range based on the National Weather Service statistics for the nearest weather reporting station to the Premises. No extension of time for or excuse for a delay in the performance of a Required Act will be granted for rain, snow, wind, cold temperatures, flood or other natural phenomena of normal intensity for the locality where the Premises are located. 9. CLAIMS AND DISPUTES a. This Lease shall be governed by federal law, including but not limited to, the Contract Disputes Act of 1978 (41 U.S.C. 7101-7109) (the "Act"). b. Except as provided in the Act, all disputes arising under or relating to this Lease must be resolved under this clause. c. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this Lease. However, a written demand or written assertion by the Landlord seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph d below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. A claim by the Landlord must be made in writing and submitted to the Postal Service Contracting Officer for a written decision. A claim by the Postal Service against the Landlord is subject to a written decision by the Postal Service Contracting Officer. For Landlord claims exceeding $100,000, the Landlord must submit with the claim the following certification: "I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable, and that I am duly authorized to certify the claim on behalf of the Landlord." The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim. e. For Landlord claims of $100,000 or less, the Postal Service Contracting Officer must, if requested in writing by the Landlord, render a decision within 60 days of the request. For Landlord -certified claims over $100,000, the Postal Service Contracting Officer must, within 60 days, decide the claim or notify the Landlord of the date by which the decision will be made. f. The Postal Service Contracting Officer's decision is final unless the Landlord appeals or files a suit as provided in the Act. g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an alternative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in subparagraph d of this clause must be provided for any claim, regardless of dollar amount, before ADR is used. h. The Postal Service will pay interest on the amount found due and unpaid from: 1. the date the Postal Service Contracting Officer receives the claim (properly certified if required); or March 2021 Page 7 of 11 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 General Conditions to USPS Lease County: Washington Lease: Q00000774563 2. the date payment otherwise would be due, if that date is later, until the date of payment. i. Simple interest on claims will be paid at a rate determined in accordance with the Act. j. Landlord must proceed diligently with performance of this Lease, pending final resolution of any request for relief, claim, appeal, or action arising under this Lease, and comply with any decision of the Postal Service Contracting Officer. k. In the event of an alleged Postal Service default where the Postal Service has vacated the Premises, Landlord shall in all events have an affirmative obligation to use reasonable efforts to obtain another tenant for the Premises at a fair market rental and to otherwise mitigate its damages. In no event shall the Postal Service or Landlord be liable for any consequential, punitive, or special damages under this Lease. The parties agree that this restriction shall not apply to liquidated damages, if any, provided for in any workletter or other rider or attachment to this Lease. 10. GENERAL a. Quiet Enjoyment. Without limiting any rights the Postal Service may have by statute or common law, Landlord covenants and agrees that, provided that the Postal Service is not in default under this Lease, and for so long as this Lease is in full force and effect, the Postal Service shall lawfully and quietly hold, occupy and enjoy the Premises during the term of this Lease from and after Landlord's delivery of the Premises to the Postal Service until the end of the term, without disturbance by Landlord or by any person having title paramount to Landlord's title or by any person claiming by, through or under Landlord. In the event of substantial, material or unreasonable interference with the Postal Service's tenancy by Landlord or its agents or contractors, the Rent and other payments and reimbursements due or to become due under this Lease all shall be equitably abated if the interference continues for more than 24 hours. In the event such interference shall continue for longer than 6 months, the Postal Service shall have the option to terminate this Lease or continue to operate with rent abatement until the interruption ceases. Notwithstanding the foregoing, in the event that, as a result of any substantial, material or unreasonable interference, the Postal Service is legally required to move any of its operations, then Landlord shall reimburse the Postal Service for the actual reasonable costs incurred in connection with such move as well as the actual reasonable costs incurred in connection with the Postal Service's move back to the Premises after the interference ceases. b. Exterior of Building. Landlord shall not place, or allow any other person or entity to place, any advertising, bas reliefs, murals or other decorations on the exterior walls of the area in which the Premises is located nor shall Landlord place, or allow any other person or entity to place any additional landscaping or plantings in such area in excess of that landscaping or planting in existence at the commencement of this Lease. Nothing stated herein is intended to prohibit Landlord from replacing the landscaping or plantings in existence at the commencement of this Lease as needed. c. Recording. Not Applicable d. Subordination, Non -Disturbance and Attornment Agreement. Not Applicable e. Severability. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. f. Interpretation. Section headings are not a part hereof and shall not be used to interpret the meaning of this Lease. This Lease shall be interpreted in accordance with the fair meaning of its words and both parties certify they March 2021 Page 8 of 11 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 General Conditions to USPS Lease County: Washington Lease: Q00000774563 either have been or have had the opportunity to be represented by their own counsel and that they are familiar with the provisions of this Lease, which provisions have been fully negotiated, and agree that the provisions hereof are not to be construed either for or against either party as the drafting party. g. Incorporation of Prior Agreements; Amendments. This Lease contains all agreements of the parties as of the date hereof with respect to any matter mentioned herein. No prior agreement, correspondence or understanding pertaining to any such matter shall be effective to interpret or modify the terms hereof. This Lease may be modified only in writing, signed by the parties in interest, at the time of the modification. Landlord specifically acknowledges that the Postal Service's employees at the Premises do not have authority to modify the Lease or to waive the Postal Service's rights hereunder. h. Waivers. No waiver by the Postal Service or Landlord of any provision hereof shall be deemed a waiver of any other provision hereof and no waiver of any breach hereunder by Postal Service or Landlord shall be deemed a waiver of any subsequent breach by the Postal Service or Landlord of the same or any other provision. A party's consent to or approval of any act shall not be deemed to render unnecessary obtaining such party's consent to or approval of any subsequent act. No waiver shall be effective unless it is in writing, executed on behalf of Landlord or the Postal Service by a person with authority to bind each party i. [RESERVED] j. Successors and Assigns. Subject to the provisions of this Lease, this Lease shall be binding upon and benefit the parties, their personal representatives, successors and assigns. k. Landlord's Access. Landlord and Landlord's agents shall have the right to enter the Premises upon reasonable prior written notice for the purpose of performing inspections, maintenance or repairs that are the responsibility of Landlord under this Lease; provided that no inspections may occur during the Postal Service's peak season (November 1 of each year through January 31 of the following year) other than those necessitated by the sale or refinance of the Property. The Landlord's right of entry hereunder shall be exercisable only during normal business hours and only on the terms set forth below. All other access to the Premises, including but not limited to showing the property to potential buyers, and within 30 days of the end of the Lease term, showing the property to potential tenants, shall be at the sole discretion of the Postal Service. In the event of emergency requiring access after-hours, Landlord must call the Postal Inspection Service at 1-877-876-2455 Option 2 "Emergency" prior to entry. When entering or performing any inspection, repair or other work in the Premises, Landlord, its agents, employees and/or contractors (i) shall identify themselves to the Postal Service's personnel immediately upon entering the Premises, and must be accompanied by a Postal Service employee when not in public areas; and (ii) shall use commercially reasonable, good faith efforts not to materially or unreasonably affect, interrupt or interfere with the Postal Service's use, business or operations on the Premises or obstruct the visibility of or access to the Premises. I. Calendar Days. All references herein to "days" shall mean calendar days unless specified to the contrary. m. Counterparts. This Lease may be executed in counterparts, which together shall constitute a single instrument. The parties agree that if the signature(s) of either Landlord or the Postal Service on this Lease or any amendments, addendums, assignments, or other records associated with this Lease is not an original but is an electronic signature, scanned signature or a digitally encrypted signature, then such electronic signature, scanned signature or digitally encrypted signature shall be as enforceable, valid and binding as, and the legal equivalent to, an authentic original wet signature penned manually by its signatory. Signatures required under this Lease, or any March 2021 Page 9 of 11 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 General Conditions to USPS Lease County: Washington Lease: Q00000774563 amendments, addendums, assignments, or other records associated therewith, may be transmitted by email or by fax and, once received by the party to whom such signatures were transmitted, shall be binding on the party transmitting its signatures as though they were an original signature of such party. n. Notices. Whenever a provision is made under this Lease for any demand, notice or declaration of any kind, or where it is deemed desirable or necessary by either party to give or serve any such notice, demand or declaration to the other party, it shall be in writing and sent by (i) United States mail, certified, postage prepaid or (ii) by Priority Mail Express (overnight), in each instance to the addresses set forth below or at such address as either party may advise the other from time to time. Notices to the Postal Service shall also include the identification of the facility name and location in such notices. Notices given hereunder shall be deemed to have been given three (3) days after the date of certified mailing or the next business day after being sent by Priority Mail Express (regardless whether the addressee rejects, refuses to sign, or fails to pick up such delivery). To Landlord at: With a copy to: CITY OF FAYETTEVILLE % AVIATION & ECONOMIC DEV 4500 S SCHOOL AVE STE F FAYETTEVILLE, AR 72701-8016 To the Postal Service at: Contracting Officer USPS Facilities Leasing West PO Box 5527 Denver, CO 80217-5527 With a copy to: Postmaster/Installation Head 4500 S SCHOOL AVE STE P, GREENLAND, AR 72737-8801 Anything in the foregoing to the contrary notwithstanding, in the case of multiple persons or entities comprising Landlord under this Lease or in the case of a person or entity acting as an agent of Landlord, notices to any one of such multiple persons or entities or notice to an agent of Landlord shall be deemed to be sufficient notice to Landlord. o. Prompt Payment Act. The provisions of the Prompt Payment Act, 31 U.S.C. § 3901 shall apply to all Postal Service payment obligations under this Lease, including any interest or penalties for late payments. p. Payment Offsets. As required by 31 U.S.C. 3716, the Postal Service participates in the Treasury Offset Program of the Department of Treasury's Financial Management Service. Payments owed to Landlord from the Postal Service under this Lease are subject to offset in whole or in part to for the Landlord's delinquent tax and non -tax debts owed to the United States and the states and for delinquent child support payments. 11. FACILITIES NONDISCRIMINATION March 2021 Page 10 of 11 UNITED STATES `: POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 General Conditions to USPS Lease County: Washington Lease: Q00000774563 a. By executing this Lease, the Landlord certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained. b. The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules, regulations, or orders issued under Executive Order 11246. 12. CLAUSES REQUIRED TO IMPLEMENT POLICIES, STATUTES, OR EXECUTIVE ORDERS The following clauses are incorporated in this Lease by reference. The text of incorporated terms may be found in the Postal Service's Supplying Principles and Practices, accessible at http://about.usps.com/manuals/spp/html/spp10.htm or by searching www.usps.com. Clause 1-5, Gratuities or Gifts Clause 1-6, Contingent Fees Clause 9-3, Davis -Bacon Act' Clause 9-7, Equal Opportunity2 Clause 9-13, Equal Opportunity for Workers with Disabilities3 Clause 9-14, Equal Opportunity for VEVRAA Protected Veterans4 Clause 9-16, Employer Reports on Employment of Protected Veterans4 Clause B-25, Advertising of Contract Awards Note: For purposes of applying the above standard clauses to this Lease, the terms "supplier," "contractor," and "lessor" are synonymous with "Landlord," and the term "contract" is synonymous with "Lease." ' For premises with net interior space in excess of 6,500 SF. 2 For leases aggregating payments of $10,000 or more. 3 For leases aggregating payments of $10,000 or more. 4 For leases aggregating payments of $25,000 or more. March 2021 Page 11 of 11 UNITED STATES POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 Maintenance Rider USPS Responsibility (Partial) County: Washington Lease: QU0000774563 Postal Service Responsibilities. The Postal Service shall maintain the Premises (including repair and replacement of items, if necessary), except for those items specifically made the responsibility of Landlord in Paragraph 3 below and damage resulting from, and to the extent of, the negligence of the Landlord's agents or employees (which portion of the damage arising directly from Landlord's negligence shall be the responsibility of the Landlord). The responsibility of the Postal Service as stated herein will be fulfilled at such time and in such manner as the Postal Service reasonably considers necessary to keep the Premises in proper condition during the Lease term. 2. Premises. The term "Premises" as used in this rider includes the Premises described in the Lease, the improvements and appurtenances to such Premises exclusively used by the Postal Service (including parking lots, driveways, sidewalks, and fencing), and all equipment and fixtures furnished, or to be furnished, by Landlord under this Lease. 3. Landlord Responsibilities. Landlord, except for damage resulting from, and to the extent of, the negligence of the Postal Service's agents or employees (which portion of the damage arising directly from Postal Service agent or employee negligence shall be the responsibility of the Postal Service), is responsible for maintenance of, repairs to, and, if necessary, replacement of: a. Common Areas. All common or joint use interior and exterior areas (including exterior painting), and common or joint use equipment and systems that may be included as part of this Lease. b. Structural Elements. All structural elements, exterior or interior wherever located on the Property, including but not limited to: the foundation; column supports; bearing walls; retaining walls; bridges; floors (but not including floor covering); and similar structural elements or features. c. Lighting Systems. All lighting systems, including all components thereof, such as, by way of example and not in limitation, ballasts, poles, and light fixture covers (but not light bulbs). d. Roof. All parts of the roof system including, but not limited to: the roof covering; flashing and insulation (including around any roof -top equipment); roof beams, joists, and deck; soffit and fascia; and gutters and downspouts. Landlord shall be responsible for the timely removal of snow and ice from the roof. Landlord will also be responsible for regular cleaning of all gutters, downspouts, troughs, scuppers, roof drains, etc. e. Pest Control. Inspection, prevention and eradication of termites and other wood -eating insects and any damage resulting therefrom. f. Construction Defects. Defects in building construction or installation of equipment, fixtures, or appurtenances furnished by Landlord. g. Casualty. Damage from Acts of God; acts of public enemy, riot or insurrection; and vandalism, and damages resulting from fire or other casualties. h. Well and Septic Systems. Any necessary replacement of any part or all of the well and septic systems, including lateral fields. If replacement of either system becomes necessary as a result of the failure of that system, Landlord remains responsible for providing an operating well system and septic system. Landlord is also responsible for any inspections of these systems required by governing bodies. Landlord is responsible for the permitting and routine maintenance of the well system and septic system, including any necessary pumping and cleaning of the septic system. While all or any part of such well or septic system is not functioning, Landlord shall provide, at Landlord's sole cost, risk and expense, potable water and sanitary facilities at the Premises and shall maintain the same in good working order until the well and septic system are functioning as required by the Postal Service. i. Utilities. All utilities, including all systems and structures and the components thereof which deliver such March 2021 Pagel of 3 UNITED STATES POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 Maintenance Rider USPS Responsibility (Partial) County: Washington Lease: QU0000774563 utility services to the Premises, including but not limited to base building plumbing, pipes, conduit, wiring, and related components located within the facility including, without limitation, behind walls, under floors and inside ceilings. This excludes additional systems and/or structures that were specifically installed by the Postal Service or its contractors for the Postal Service's particular furniture, fixtures, and equipment needs. This also excludes interior sinks, toilets, electrical panels, electrical outlets, and HVAC units. j. Water Remediation. Inspection and remediation of recurring pooling and ponding water (interior and exterior) that interferes with the use and occupancy of the Premises or that is required under applicable codes and ordinances. k. Retention Ponds. Any retention ponds. I. Sink holes. Any sink holes and any damage resulting therefrom. m. Exterior Site Related Issues. All site related issues at the exterior of the Property, including but not limited to, damage caused by trees, overhanging branches, and roots (whether such items cause damage either on or off the Property) that interferes with the use and occupancy of the Premises or that is required under applicable codes and ordinances (but not including landscaping). 4. Completion of Maintenance, Repair, or Replacement by Landlord. a. If the Landlord is required to maintain, repair or replace something under this Lease, including, without limitation, this Rider, Landlord must perform all maintenance, repairs and replacements promptly and in any event within the time period provided in the Postal Service's notice to Landlord and submit photographs of the completed repair to the Postal Service at the address designated in the Postal Service's notice. If Landlord does not finish the maintenance, repairs or replacements within the time period set forth in the Postal Service's notice, then unless the Landlord requests more time, and the Postal Service grants more time using its reasonable judgment, then the Postal Service may (i) perform the maintenance, repair, or replacement (by contract or otherwise) and recover the cost plus any administrative cost and/or interest, from the Landlord and from Rent and any other payments and reimbursements due or to become due to Landlord from the Postal Service or the federal government, or (ii) terminate the Lease on a date specified by the Postal Service in the notice to Landlord. b. In the case of an emergency (as reasonably determined by the Postal Service), then notwithstanding the above provision, the Postal Service may give Landlord notice by phone or other method and may give such shorter notice as is practicable under the circumstances. Upon notice, Landlord must immediately start the maintenance, repairs or replacements and if Landlord fails to start such maintenance, repairs or replacements immediately, the Postal Service may immediately perform the maintenance, repair, or replacement (by contract or otherwise) and recover the cost plus any administrative cost and/or interest, from the Landlord and from Rent and any other payments and reimbursements due or to become due to Landlord from the Postal Service or the federal government. c. In addition to any other remedies of the Postal Service, the Postal Service may abate Rent and all other payments or reimbursements due or to become due under this Lease for any period the Postal Service reasonably determines all or any portion of the Premises, any common areas of the Property providing access to the Premises, or parking areas are untenantable or unfit for the Postal Service's use as a result of Landlord's failure to maintain, repair or replace as required by this Lease. Rent and all other payments and reimbursements due or to become due under this Lease will be abated in proportion to the impairment or loss of use as determined by the Postal Service. No exercise by the Postal Service of its right to rent abatement as stated above is intended to extend the time periods for the completion of any maintenance, repair or March 2021 Page 2 of 3 UNITED STATES POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 Maintenance Rider USPS Responsibility (Partial) County: Washington Lease: Q00000774563 replacement set forth above. The remedies provided in this section are cumulative, non-exclusive, and in addition to any remedies available to the Postal Service under applicable law. 5. Health and Safety. In performing the maintenance, repair and/or replacement obligations under this Lease, Landlord must: a. comply with applicable Occupational Safety and Health Standards, title 29 Code of Federal Regulations (CFR) (including but not limited to Parts 1910 and 1926), promulgated pursuant to the authority of the Occupational Safety and Health Act of 1970 (OSHA); b. comply with any other applicable federal, state, or local regulation governing workplace safety to the extent they are not in conflict with section (a) above; and c. take all other proper precautions to protect the health and safety of: (1) any laborer or mechanic employed by the Landlord in performance of this Lease; (2) Postal Service employees; and (3) the public. Landlord must include this clause in all contracts hereunder and require its inclusion in all subcontracts of a lower tier. The term "Landlord" as used in this clause in any contract must be deemed to refer to the contractor. March 2021 Page 3 of 3 UNITED STATES POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 Utilities and Services Rider County: Washington Lease: Q00000774563 Unless otherwise indicated below, the responsibilities of Landlord identified in this Utilities and Services Rider are a part of the Rent paid under the Lease and are not subject to reimbursement by the Postal Service. 1. HEAT Landlord pays all costs of fuel charges to the Premises. 2. ELECTRICITY Landlord pays all recurring electric bills. 3. WATER At all times, Landlord must ensure that there is potable water serving the Premises. If at any time the water provided to the Premises is not potable, then the Landlord shall furnish potable water in a quantity sufficient to serve the maximum number of postal employees located at the Premises on a regular basis, and shall ensure such potable water is available at all times. Landlord must pay for all recurring charges related to the provision of such potable water. The Premises are hooked up to a public water system. Landlord must pay for all recurring charges for such water services. EARM ATM 4:1 The Premises are hooked up to a public sewer system. Landlord must pay for all recurring charges for such sewer services. 5.TRASH Landlord is responsible for providing an appropriately sized (as determined by the Postal Service) exterior trash receptacle or receptacles for the Postal Service to use to dispose of trash from the Premises and for the emptying of such receptacle or receptacles used by the Postal Service. The receptacle or receptacles must be placed in a location acceptable to the Postal Service in its sole discretion, all at Landlord's cost. rem Men, Landlord is responsible for the timely (but in no event later than as required for owners of property in the local jurisdiction under local law) removal of snow and ice from the roof, the sidewalks, driveways, drive aisles, entrances, exits, parking and maneuvering areas, and any other areas providing access to the Premises for use by the Postal Service's employees, contractors, or the public (including, but not limited to, stairs, handicap access ramps, carrier ramps, etc.), all at Landlord's cost. 7. CUSTODIAL SERVICES Custodial Services for purposes of this Lease means the following: all duties considered necessary or desirable by the Postal Service to maintain cleanliness at the Premises and the Property. Custodial services include, but are not limited to the following tasks: vacuum and mop floors, empty trash containers, clean windows, sanitize bathroom fixtures and carry out any other tasks related to cleaning dirt and debris from the inside or the outside of a particular March 2021 Page 1 of 2 UNITED STATES POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 Utilities and Services Rider County: Washington Lease: QU0000774563 building, including the parking areas, driveways, drive aisles, entrances, exits, sidewalks, lighting, and other exterior features. Custodial services do not include landscaping, or roof or gutter cleaning. The Postal Service is responsible for and payment of the costs of custodial services for the interior of the Premises and any exterior areas used exclusively by the Postal Service at such time and in such manner as the Postal Service considers necessary. Landlord is responsible for custodial services for any areas not exclusively used by the Postal Service at Landlord's cost. 8. LANDSCAPING Landscaping for purposes of this Lease means an exterior area devoted to or developed and maintained with plantings, decorative outdoor landscape elements, sculptures, benches, water features, paved or decorated surfaces of rock, stone, brick, block or similar material (excluding sidewalks, driveways, parking, loading or storage areas). The Landlord has responsibility for all landscaping, grass cutting or shrub trimming at its cost. March 2021 Page 2 of 2 Maintenance Rider UNITED STATES POSTAL SERVICE. Underground Storage Tanks Landlord Responsibility Facility Name/Location County: Washington GREENLAND - MAIN OFFICE (043663-002) Lease: Q00000774563 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 a. The term "Underground Storage Tank" (UST) as used in this Lease rider, is defined as a tank system, including ancillary equipment (pipings and flanges, valves, pumps) connected to it, with ten percent or more of the USTs volume (including the volume of underground pipes connected thereto) below ground. USTs include underground heating oil tanks (where regulated by law) and all USTs associated with fleet vehicle operations. b. The Landlord is responsible for: (1) UST system maintenance, initial tank registration, applicable fees, reporting, tank and pipeline tightness testing, testing for soil and groundwater contamination, removal, replacement, upgrades, and closure. If the Postal Service requests tests additional to those required by federal, state, and/or local law, these tests will be completed, by the Landlord, at Postal Service expense. (2) Repairs or replacement resulting from any cause including, but not limited to, acts of God or a public enemy, or fires or other casualty, except to the extent such damage or casualty was caused by the negligence of the Postal Service agents or employees, in which event, a portion of the repairs or replacement required as a direct result of the negligence of the Postal Service agents or employees will be the responsibility of the Postal Service. (3) Any UST upgrades resulting from changes in federal, state, and/or local law, whichever is more stringent, except where additional upgrades are required by the Postal Service which exceed those required by the applicable federal, state, and/or local law. Such additional upgrades will be at Postal Service expense. (4) Any investigative or remediation cost associated with a release or suspected release of fuel from the UST system, except to the extent the release was caused by the negligence of the Postal Service agents or employees, in which event the portion of such costs directly arising from such negligence will be the responsibility of the Postal Service. (5) Expenses incurred by the Postal Service due to the failure of any element for which the Landlord is responsible. (6) Providing the Postal Service with copies of all UST system documents (including, but not limited to, test results and permits) within thirty (30) days of Landlord's receipt thereof. c. The Postal Service shall be responsible for UST system daily product input/output monitoring. d. If requested by the Landlord, the Postal Service will provide the Landlord with necessary documents (emergency action plan, etc.) which may be required by federal, state and/or local law for tank registration. e. When the Postal Service becomes aware of the need for effecting repairs, maintenance, upgrades, replacement, removal, closure, and/or clean-up activities for which the Landlord is responsible, the Postal Service will, except in emergencies (as reasonably determined by the Postal Service), give the Landlord a written notice thereof, specifying a time for completion of the work which is reasonable and commensurate with the nature of the work required. If the Landlord (or the mortgagee or the assignee, on behalf of the Landlord) fails to prosecute the work with such diligence as will ensure its completion within the time specified in the notice (or any extension thereof as may be granted at the sole discretion of the Postal Service) or fails to complete the work within said time, the Postal Service shall have the right to perform the work (by contract or otherwise) and recover the cost plus any March 2021 Page 1 of 2 Maintenance Rider UNITED STATES POSTAL SERVICE. Facility Name/Location GREENLAND - MAIN OFFICE (043663-002) 4500 S SCHOOL AVE STE P. GREENLAND. AR 72737-8801 Underground Storage Tanks Landlord Responsibility County: Washington Lease: Q00000774563 administrative cost and/or interest, from the Landlord and from Rent and any other payments and reimbursements due or to become due to Landlord from the Postal Service or the federal government. In addition, the Postal Service, acting through the Postal Service Contracting Officer, may proportionally abate the Rent for any period the Premises, or any part thereof, are determined by the Postal Service to have been rendered untenantable by reason of such condition. Alternatively, the Postal Service Contracting Officer may, if the Premises are determined to be unfit for occupancy, with reasonable discretion, cancel this Lease, without liability. The remedies provided in this section are non-exclusive and are in addition to any remedies available to Postal Service under applicable law. March 2021 Page 2 of 2