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HomeMy WebLinkAboutRIVER SONG WALDORF SCHOOL - CONTRACT - RFP - P1026 NONPROFIT LEASE 906 E STUARTLEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this Iq day of , 2006, by and between THE CITY OF FORT COLLINS, COLORADO, a unicipal Corporation, hereinafter referred to as the ("City"), and FORT COLLINS WALDORF EDUCATION ASSOCIATION, INC. a Colorado nonprofit corporation, hereinafter referred to as ("Tenant"). WITNESSETH: WHEREAS, the City is the owner of certain Premises in the City of Fort Collins located at 906 E. Stuart Street, Fort Collins, Colorado 80524 ("Premises"); and WHEREAS, the Tenant desires to lease said Premises for the purpose of early childhood programming and other associated uses; WHEREAS, the use by Tenant of the Premises for its early childhood programming and other associated uses would further an important public purpose of the City of Fort Collins. NOW, THEREFORE, for and in consideration of the mutual covenants and obligations herein expressed, the monetary payment hereinbelow recited and the public benefit to be derived from the service provided by the Tenant, the receipt and adequacy of which is hereby acknowledged, it is hereby mutually covenanted and agreed by and between the parties as follows: 1. Premises. The City hereby leases to the Tenant and the Tenant hereby leases from the City, the Premises located at 906 E. Stuart Street in the City of Fort Collins, Colorado, said property more fully described as follows: A tract of land situate in the Northeast 1 /4 of the Northeast 1 /4 of Section 24, Township 7 North, Range 69 West of the 6th P.M., and being a part of Tract 7, of the East Acres Subdivision, a subdivision of record in the County of Larimer, State of Colorado, and being more particularly described as follows: Considering the South line of said Tract 7 as bearing S 89156' 00" West and with all bearings contained herein relative thereto: Commencing at the Southeast corner of said Tract 7, thence S 89156'00" West along the said South line a distance of 846.15 feet to the point of beginning; thence along the East line of the Spring Meadows on Spring Creek Subdivision N 00042' East, a distance of 140.77 feet; thence along a South line of said subdivision N 89050' West, a distance of 99.97 feet; thence S 00003'39" West, a distance of 141.16 feet more or less to the South line of said Tract 7; thence N 89056'00" East, a distance of 98.40 feet to the true point of beginning. 1 W RU 1WI File,+Kall,i €iiyiin I� tituun - I.e�se;U�lh S(li,AI:l HAY'.. a-1 i-2000 doc. EXHIBIT "A" lffia]A-i Environmental Scientists and Engineers, LLC LEAD MANAGEMENT PLAN RESIDENTIAL STRUCTURE 906 EAST STUART STREET FORT COLLINS, COLORADO 1.0 Introduction Walsh Environmental Scientists and Engineers, LLC (WALSH) conducted a lead -based paint (LBP) inspection for the City of Fort Collins at a residential structure located at 906 East Stuart Street in Fort Collins, Colorado on July 28, 2006. The inspection identified one door frame, one door trim, one window frame, and seven window sills to contain LBP greater than 1.0 mg/cm? using XRF analysis. In addition, the inspection identified and one component (ceramic floor tile) which contained lead. At the time of the inspection, the paint on all of these components was in good condition with no visible signs of deterioration, flaking, peeling, or abrasion. Lead -containing materials that are intact do not pose a health risk provided it is maintained intact and not disturbed. The objective of the Lead Management Plan is to prevent human exposure to lead hazards through proactive policies and procedures, which comply with all applicable federal, state, and local laws and regulations. A table summarizing all LBP and lead -containing components identified during the inspection is presented below. A figure depicting the location of and lead -containing materials is attached. Table 1 - Lead -containing Materials Location Component Visible Color Paint XRF - Result Description Condition m /cm2 North Restroom (Room 113) Glazing on Ceramic ; White Good 18.9 Floor Tile Classroom West of Kitchen East Door Frame at (Room 101) Entrance to entrance White Good 2.02 Porch Classroom West of Kitchen East Door Trim at White Good 1.72 Room 101 Entrance to Kitchen Classroom West of Kitchen West Window Frame White Good 1.85 Room 101 and Sill Classroom West of Kitchen West Window Frame White Good 1.41 Room 101 and Sill Classroom West of Kitchen East Window Frame White Good 3.15 Room 101 and Sill Vw46 d�c—mtlpr.)easlmb.=,Wry offal roW.Acdc 906 a wort leers -!bp —p.,ti-0302-010 repot d 08, 09.064x. WNT614i Environmental Scientists and Engineers, LLC I Location Component Visible Color Paint XRF Result Description Condition (MCl/cm) I Classroom West of Kitchen South Window Frame White Good 1.79 Room 101 and Sill Classroom Directly East of East Window Frame White Good 3.07 Restroom Room 111 and Sill Hallway South of Kitchen (Room Window Frame and 105) Sill Directly South of White Good 1.94 Kitchen Hallway South of Kitchen (Room Window Frame and 105) Sill Directly South of White Good 1.46 Restroom North Restroom (Room 113) North Window Frame White Good 1.34 and Sill Note: mg/cm2 = Milligrams per square centimeter 2.0 General Description of Hazard Control Measures A lead hazard is any condition that causes exposure to lead from lead -contaminated dust, lead -contaminated soil, lead -contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects. Hazard control measures are procedures designed to prevent or reduce exposure to lead -based paint hazards. The two types of hazard control measures are interim control measures and abatement. 2.1 Interim Controls Interim controls are designed to temporarily reduce human exposure or possible exposure to LBP hazards. These measures include specialized cleaning, repairs, maintenance, painting, and educational programs for management and residents. Examples of interim controls include: • Paint film stabilization (Painting over existing LBP) • Friction and impact reduction treatments • Dust removal 2.2 Abatement Abatement is a measure or measures designed to permanently eliminate a lead -based paint hazard. These measures include the replacement, removal, enclosure or encapsulation of a lead -containing building component. Certified abatement workers and supervisors must perform these activities, Examples of abatement include: • Building component replacement • Enclosure (Permanently covering) • Paint removal by heat gun, chemical, or abrasive techniques V-1.h of Eon coUw\a ofc 906 c quart wm -16p m"cu-N7302-010 rq orr r108.09.06.doc. Environmental Scientists and Engineers, LLC • Encapsulation (Permanent measures with at least 20-year warranty) 2.3 Lead Hazard Control Practices Prohibited and not Recommended by HUD Specific work practices involving lead -containing materials are prohibited or not recommended in the "Guidelines for the Evaluation and Control of Lead -Based Paint Hazards in Housing," 1997 Revision, published by the U.S. Department of Housing and Urban Development due to excessive dust generation. Lead -containing building components identified during the inspection should never be subjected to the following practices: Prohibited Work Practices: Open flame burning or torching. Open torches, infrared scorches electric irons, and heat guns operating above 1,100 °F all may cause the release of lead fumes. Machine sanding or grinding without high efficiency particulate air (HEPA) vacuum exhaust. Circular, reciprocating, belt, and palm sanding of leaded surfaces can generate large amounts of lead dust. Abrasive blasting or sandblasting. Like sanders, abrasive blasters will release a large amount of lead dust into the environment unless HEPA vacuum exhaust is used. Uncontained hydrobalsting. Power washing often leads to paint chips and dust on the surface. Hydrobalsting should not be used unless all runoff water is contained and filtered. Not Recommended Work Practices: Dry scraping and sanding (except for limited areas). Extensive use of dry scraping or sanding generates a significant amount of lead dust which is hard to contain. Surfaces should be wetted prior to scraping/sanding so that the dispersal of dust is limited. Methylene chloride paint stripers. Methylene chloride can cause liver and kidney damage and carbon monoxide poisoning, and it is suspected to cause cancer. If chemical paint removers are utilized, they should not contain methylene chloride. 2.4 Recommended Practices to Control LBP Hazards The following practices are recommended to control the lead hazards associated with identified lead -containing building components within the structure. 1. Appoint a designated person. This person should be responsible for conducting periodic inspection of areas identified to contain lead and informing occupants and contractors of the location and extent of lead within the structure. flodch dotummts�pra,�edslacbestos\city of fat cdlindcofc 906 a smart m.& -1bp w"cb.07302-010 report rl 08.W.06. da. Environmental Scientists and Engineers, LLC 2. Monitor and periodically inspect the condition of identified lead -containing materials. Inspections should include the following: • Indications for paint failure (i.e., blistering, flaking, peeling, and chalking). • Indications of teeth marks on accessible surfaces (i.e., window sills). 3. Implement operations and maintenance program, including an ongoing paint over coating program in areas where lead -containing materials are identified as long as the paint is not blistering, flaking, peeling or chalking. 4. Implement response actions, if any (i.e., if deterioration or teeth marks are noted during periodic inspections). 5. Notify outside contractors of the presence of all lead -containing materials within the building prior to beginning work. 6. Records of the physical condition of all lead -containing material inspections should be kept that include the following: A record of all actions taken on lead -containing materials. A record of the physical condition and location of lead -containing materials. • Persons involved with conducting inspections. 7. Recordkeeping for each preventative measure and/or response action should include the following: • Detailed description of the measures taken. • Methods used. • Location. • Justification for why a specific measure or action was selected. • Start and completion dates of all work. • Names and addresses of all parties involved. • If lead -containing material was removed, the disposal location should be included. f Welsb docuromts*oj*=%Ubastoslpty offort coHMS\ afc 906 a swag stre4 - Ibp mspecConl?302-0I0 rapes rl 08.09.06.doc. WINDOW SILLS AND FRAMES I�WINDOW SILL AND FRAME 108 NOT TO SCALE WINDOW SILLS AND FRAMES 1 I I 109 DOOR FRAME 1D2 f� I 2ND FLOOR 110 1 101 j t05 I I � I DOOR TRIM I 201 I 11t 104 103 I 106 I 10o I I I 4 WINDOW SILL AND FRAME 113- I I 200 1ST FLOOR 112 I CERAMIC TILE GLAZING { I WINDOW SILL AND FRAME I I I I LEGEND: AREAS OF IDENTIFIED LEAD -CONTAINING MATERIALS: AREAS OF LEAD -CONTAINING MATERIALS CEP AMC TILE GLAZING nni.oum.uld sH..um ..� mp,..�, uc ------- - PAINT CITY OF FORT COLLINS RESIDENTIAL STRUCTURE - 905 E. STUART ST. FORT COLLINS, COLORADO Job: 7302-010 Doia: 08/06 Figure; 1 \\wu\PRacCn1LGWCOFC\7 oa-0IaoAruxgawwwa\90MSVA T.sT.PWG 2. Term. A. Base Term. The base term of this Lease shall be for a two (2) year period commencing on August 1, 2006, unless sooner terminated by either party pursuant to paragraph 14 hereof. B. Extensions. Unless the City determines, at its sole discretion, that such renewal is not in the City's interest, the Tenant shall have the right and option to extend the base term of this lease for one additional one-year term. However, such extension is expressly contingent upon the Tenant not being in default hereunder. Tenant shall provide sixty (60) day's notice prior to the end of any given lease term of its intent to extend or to terminate the lease. 3. Rent. Tenant shall pay to the City, in advance, the sum of Five Dollars ($5.00) per year as and for rent for the above described Premises, such payment to be made at City's Right -of -Way Office, 117 North Mason Street, Fort Collins, Colorado, or at such other place as the City may from time to time designate. 4. Security Deposit. The Tenant shall pay to the City the amount of Five Hundred Dollars ($500.00) to be held as a security deposit on which the City is not required to pay interest to the Tenant. The City shall have the right to apply all or part of said deposit to any delinquent rent or utility charges to the Premises, but is not obligated to do so. Said deposit or balance thereof, after deduction for damages or past due rent or utility charges, shall be refunded only on termination of this Lease Agreement after inspection by the City and after all personal property of Tenant has been removed. If Tenant is not found to be in default of the performance of the covenants or conditions herein at the sole discretion of the Landlord, the deposit will be returned within 60 days of vacancy, provided Tenant has provided the City with a forwarding address to which the deposit can be mailed. This deposit shall be not applied to the last rental payment. 5. Permissible Uses of Premises. Tenant agrees to use and occupy the Premises only for the purpose of early childhood programming and associated uses and for no other purpose whatsoever without the prior written consent of the City. 6. Condition of Premises. Maintenance and Damage. Tenant accepts the Premises in their present condition "as is". Tenant acknowledges that the Premises, in their present condition, comply fully with the City's covenants and obligations hereunder. Tenant stipulates that the Premises have been examined, including the grounds, buildings and all improvements, and that they are, at the time of this lease, in good order and repair, safe, clean and in tenantable condition. Tenant acknowledges the presence of lead -based paint on the Premises, and the receipt of the report titled, "Lead -Based Paint Inspection — Residential Structure" prepared by Walsh Environmental Scientists and Engineers, LLC, dated August 4, 2006 and revised August 6, 2006 (the "Report") Tenant shall be responsible for all routine maintenance associated with the use of the Premises. 2 j*IIc,,Kal l,y 1 1 titn&A -I CiIsc K I I F A .k 8-15 7. Alterations, Improvements and Signs. A. All alterations, additions, improvements or changes to the Premises by Tenant subsequent to the commencement of the Lease term shall be subject to the written approval of the City and shall be done in a good and workmanlike manner without impairing the structural soundness of the building and in compliance with the building and zoning laws and with all other laws, ordinances, orders, rules, regulations and requirements of all federal state or municipal governments and the appropriate departments, commissions, boards and officers thereof; and the Tenant shall procure certificates of occupancy, if required by law. Furthermore, such alterations, additions and improvements shall not be commenced until any contractor or subcontractor engaged for such purpose shall deliver to the Tenant (with a copy to the City) a certificate evidencing that proper workmen's compensation insurance is in full force and effect, covering any persons performing such work, and that the same may not be canceled without at least ten (10) days prior written notice to the City. Furthermore, no such alterations, additions or improvements shall be commenced until the Tenant shall have procured and paid for all required municipal and other governmental permits and authorizations of the various municipal departments and governmental subdivisions having jurisdiction over the matter. Alterations or modifications to areas identified in the Report as having lead -based paint must be completed in cooperation with a certified lead -based paint abatement company approved by the City. B. All alterations, changes and improvements built, constructed, or placed on the Premises by Tenant, with the exception of the fixtures removable without damage to the Premises and movable personal property shall, unless otherwise provided by written agreement between the parties hereto, be the property of the City and remain on the Premises at the termination of this Lease. C. The Tenant shall not affix, erect or maintain on the Premises any sign or advertisement without first obtaining the City's approval as to the sign or advertisement to be erected on the Premises. All such signs must comply with all applicable laws. The cost of erection and maintenance of such sign or advertisement shall be the responsibility of the Tenant. 8. Assignment and Subletting. The Tenant shall not assign, sublet or grant any concession or license for use of the Premises or any part thereof without the prior written consent of the City. The City's consent to any given assignment, subletting, concession or license shall not be deemed to be a consent to any future assignment, subletting, concession or license. An assignment, subletting, concession or license obtained without the prior written consent of the City, or an assignment or subletting by operation of law, shall be void and shall, at the City's option, terminate this Lease. 9. Dangerous Materials. Tenant shall not keep or have on the Premises any article, item or thing of a dangerous, inflammable or explosive character that might 3 �i 1\ pfifcs`%K,II ,l WlmIO I ' Rwau -I, S I I_':AR I IA! A, R-I "?0+' 0Aw unreasonably increase the danger of fire to the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 10. Utilities. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises. 11. Maintenance and Repair. Tenant shall keep and maintain the Premises, grounds, appurtenances, improvements and fixtures in a safe and sanitary condition and in good repair during the term of this Lease and any renewal thereof at the sole expense of the Tenant. Such maintenance shall include, but not be limited to, all required repairs to the plumbing, heating apparatus, electric and gas fixtures, snow removal and grounds maintenance. In addition, major maintenance and repair of the Premises, whether or not due to the Tenant's misuse, waste or neglect or that of its employees, agents, or visitors, shall be the sole responsibility of the Tenant at Tenant's expense. In maintaining and repairing the Premises, Tenant shall comply with the Lead Management Plan contained in the Report, which Lead Management Plan is attached hereto as Exhibit "A" and incorporated herein by reference. The City may inspect the Premises as described in paragraph 13, below, to ensure Tenant's compliance with the Lead Management Plan. 12. Mechanic's Liens. The Tenant agrees to pay or cause to be paid promptly all bills and charges for material, labor or otherwise in connection with or arising out of any alterations, additions or changes made by the Tenant or its agents or subtenants to the Premises; and the Tenant agrees to hold the City free and harmless against all liens and claims of liens for such labor and materials, or either of them, filed against the Premises or any part thereof and from and against any expense and liability in connection therewith. The Tenant further agrees to discharge (either by payment or by filing the necessary bond or otherwise) any mechanic's, material man's or other liens against the Premises arising out of any payment due or alleged to be due for any work, labor, services, materials or supplies claimed to have been furnished at the Tenant's request in, on or about the Premises and to indemnify the City against any lien or claim of lien attached to or upon the Premises or any part thereof by reason of any act or omission on the Tenant's part. The Tenant shall, however, have the right to contest any mechanic's liens or claims filed against the Premises, provided the Tenant shall diligently prosecute any such contest and at all times effectively stay or prevent any sale of the Premises under execution or otherwise and pay or otherwise satisfy any final judgment adjudging or enforcing such contested lien and thereafter procure record satisfaction or release thereof. The Tenant also agrees in any such contest, at the Tenant's cost and expense, to defend the same on behalf of the City. 13. Right of Inspection. The City shall have the right at all reasonable times, during the term of this Lease and any renewal thereof, to enter the Premises for the purpose of inspecting the Premises and all buildings, grounds and improvements thereof, provided the City shall contact the Tenant at least twenty-four (24) hours prior to such visit. In the event of an emergency, to protect or minimize the risk of harm to life or property when Tenant shall not be personally present to open and permit an entry into the Premises, City or City's agents may enter the same by a master key or may forcibly enter the same, without rendering the 4 ()''O)f Nprdc.,K:iS131i,906I:''thWfI-1STl'ARI 1.FA�FS-Ii-2016,doc City or such agents liable therefore, and without in any manner affecting the obligations and covenants of this Lease. 14. Surrender of Premises. At the expiration of this Lease term or any renewal thereof, the Tenant agrees to quit and surrender the Premises in as good a state and condition as they were at the time of commencement of this Lease, reasonable wear and tear and damages by the elements excepted. The Tenant agrees to be responsible and to reimburse the City for any repairs to the Premises required due to the Tenant's occupancy of the Premises. 15. Default. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance of or compliance with any term, provision or condition hereof, or if the Tenant fails to meet the Community Development Block Grant (CDBG) client service requirements, this Lease, at the option of the City, shall be terminated and forfeited, and the City may reenter the Premises and remove all persons therefrom. The Tenant shall be given written notice of any default or breach of the provisions of this Agreement and termination or forfeiture of the Lease shall not result if, within twenty (20) days after receipt of such notice, the Tenant has corrected the default or breach or has taken action reasonably likely to affect such correction within a reasonable time. 16, Insurance. A. The Tenant, at its sole cost and expense, shall, during the term of this Lease, procure, pay for and keep in full force and effect a comprehensive policy of commercial general liability insurance covering the improvements and the Premises insuring the Tenant in an amount not less than Five Hundred Thousand Dollars ($500,000.00) covering bodily injury, including death to persons, personal injury and property damage liability arising out of a single occurrence. Such coverage shall include, without limitation, legal liability of the insureds for property damage, bodily injuries and deaths of persons in connection with the operation, maintenance or use of the Premises (including acts or omissions of the Tenant), legal liability arising out of lawsuits related to employment contracts of the Tenant and protection against the liability for non -owned and hired automobiles. Such coverage shall also include, if applicable, comprehensive automobile liability insurance, garage keepers' liability, liability for property of others, host liquor liability, water damage liability, contractual liability, workmen's compensation insurance for employees of the Tenant and such other risks as shall customarily be required by private institutional mortgage investors with respect to property similar in construction, location and use. B. The Tenant, at its sole cost and expense, shall, during the term of this Lease, procure, pay for and keep in full force and effect a policy of property insurance covering all leasehold improvements to the Premises and all of the Tenant's equipment, trade fixtures, appliances, furniture, furnishings and personal property from time to time in, on or upon the Premises. This insurance shall be in an amount 5 ,I'tS)I Apt-ihaKalak511(i61.5tirtit-1c;t,c'rOt,S_fl_!\RfH,'61 8-1�-200o,doc not less than the full replacement cost without deducting for depreciation. Such insurance shall afford protection against at least the following: (i) loss or damage from fire and perils normally covered by the standard extended coverage endorsement; and (ii) such risk as shall customarily be covered with respect to property similar in construction, location and use, including all perils normally covered by the standard "all risk" endorsement when such is available. C. If the Tenant employs any person in connection with the operation and use of the Premises as contemplated under this Lease Agreement, the Tenant shall, at its own sole cost and expense, during the term of this Lease, procure, pay and keep in full force and effect workers' compensation insurance, in an amount not less than Six Hundred Thousand Dollars ($600,000.00) for each occurrence, for all of its employees to be engaged in work on the Premises under this Lease Agreement. D. All policies of insurance carried by the Tenant shall name the Tenant as insured and shall name the City as additional insureds and loss payees for the policy. The policy or policies shall contain a provision that the policy or policies cannot be canceled or materially altered either by the insureds or the insurance company until thirty (30) days prior written notice thereof is given to the Tenant and the City. Upon issuance or renewal of any such insurance policy, the Tenant shall furnish a certified copy or duplicate original of such policy or renewal thereof with proof of premium payment to the City. Any such policies shall contain waivers of subrogation and waivers of any defense based on invalidity arising from any act or neglect of any assignees or sublessees of the Tenant. 17. Indemnification. Tenant agrees to indemnify and hold harmless the City against all damages, claims, liabilities for injury or damage to person, property or whenever and by whomever brought and causes of action arising from or in anyway relating to the Tenant's possession or use of the Premises. 18. Americans with Disabilities Act. The Tenant shall comply with all Federal, State and local laws, including the requirements of the Americans with Disabilities Act (ADA). The City does not represent that the Premises meet the requirements of the ADA for the purposes of Tenant's intended use of the Premises. 19. Conditions of the Agreement. It is further agreed by and between the City and Tenant as follows: A. That this Agreement may not be enlarged, modified, or altered, except as in writing, signed by the parties as an amendment hereto. B. That no waiver of any breach of this Agreement shall be held or construed to be a waiver or any subsequent breach thereof. 6 �1..Ri()1__WpFiIc,,K,t�I h'9(4) 1:�)Oo I1 AI,I I,f, v,I. s-1 106_0 C. That it is expressly understood and agreed by the parties hereto that in the performance of the obligations provided for in this Agreement, time is of the essence. D. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto and all covenants are to be construed as conditions of this Lease. E. If either party must resort to legal action to enforce the terms of this Agreement, the non -prevailing party shall reimburse the prevailing party for the prevailing party's reasonable legal fees, including attorney's fees. IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day and year first written above. 7 t',1,f( rII4:,"K I�1:1 10)1h7 1 Low - i A1, 1 1+ANG 8-1 � :?OM, duc CITY: THE CITY OF FORT C( Municipal Corporation By: k Darin Atteberry, City A EST' '-ORT l City Plqk SEAL APP 6ED AS TO if istaht City NS, TENANT: FORT COLLINS WALDORF EDUCATION ASS CIATION, INC. i Beatrice Meye arsons Board President ATTEST: Chic ine oll Treasurer ATTACHMENTS: 1. Lead -Based Paint Disclosure 2. Exhibit "A" — Lead Management Plan 8 �) 1001 U pi-ilc, hai kA li,906 1, �mwl - lx&t C�906 S'll .AR LF;A"t, 8-1 �-2006.dnc ,a Disclosure of Information on Lead -Based Paint and/or Lead -Based Paint Hazards Lead Warning Statement Housing built before 1978 may contain lead -based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead -based paint and/or lead -based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. Lessor's Disclosure (a) Presence of lead -based paint and/or lead -based paint hazards (check (i) or (ii) below): (i) X Known lead -based paint and/or lead -based paint hazards are present in the housing (explain). As per Lead -Based Paint Inspection Report (see below) (ii) Lessor has no knowledge of lead -based paint and/or lead -based paint hazards in the housing. (b) Records and reports available to the lessor (check (i) or (ii) below): (i) X Lessor has provided the lessee with all available records and reports pertaining to lead -based paint and/or lead -based paint hazards in the housing (list documents below). Lead -Based Paint Inspection - Residential Structure - dated Aug- 9- 2006 prepared by Walsh Environmental Scientists b Engineers, LLC (ii) Lessor has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the housing. Lessee's Acknowledgment (initial) (c) Lessee has received copies of all information listed above. (d) Lessee has received the pamphlet Protect Your Family from Lead in Your Home. Agent's Acknowledgment (initial) (e) Agent has informed the lessor of the lessor's obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. Q- rY� r1� r p.I G,s1'i a. L sor DPI Lessor Date L s at Lessee Date Agent Date Agent Date