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EXHIBIT E-1 <br /> Animal Shelter Lease <br /> THIS LEASE is made this_day of , 2007, by and <br /> between OLIVERMCMILLAN, LLC, a California limited liability company ("Lessor"), and the <br /> CITY OF EVERETT, a municipal corporation of the State of Washington("Lessee"). <br /> WITNESSETH: For and in consideration of the covenants, terms, and conditions <br /> hereinafter set forth, Lessor does hereby lease to Lessee, and Lessee does hereby lease from <br /> Lessor, a portion of those certain premises situated in Snohomish County, Washington, described <br /> as follows: <br /> [Legal Description) <br /> which such portion is shown on the site plan attached hereto as Schedule A, hereinafter called <br /> the"Premises." <br /> I. Purpose. The Premises are only to be used for the purpose of operating an animal <br /> shelter and for any related uses. <br /> 2. Tenn. The term shall commence on the date hereof and, unless earlier terminated <br /> pursuant to the terms hereof, shall end on June 30, , 2008. <br /> 3. Rent. Lessee shall not be obligated to pay any rent to Lessor for the use of the <br /> Premises during the term of this Lease. <br /> 4. Taxes. Lessee shall be liable for, and shall pay throughout the term of this Lease, <br /> any and all real estate taxes and assessments that may be owed with respect to the Premises <br /> during the term of the Lease. <br /> 5. Repairs/Maintenance. During the term of this Lease, Lessee shall not be <br /> obligated to make any structural or other repairs to the building or any of the fixtures located on <br /> the Premises (collectively the "Building"), or to maintain the Building or any improvements <br /> located on the Premises other than in a reasonably safe condition while being operated as an <br /> animal shelter. Lessor shall have no obligation of any kind to maintain or repair the Premises, <br /> including but not limited to capital repairs or replacements, during the term of the Lease. If any <br /> repairs or maintenance of any kind become necessary during the term of this Lease and Lessee <br /> elects not to make such repairs or maintenance, Lessee shall have the option of terminating the <br /> Lease and immediately vacating the Premises but in no event shall Lessor have any obligation to <br /> make or fund any repairs or maintenance of any kind. Both parties acknowledge that this <br /> provision was specifically bargained for and a material inducement to the patties' entry into the <br /> Lease. <br /> 6. Lessor's Representations. Lessor represents and warrants that (i) Lessor has the <br /> full right, lawful authority and power to enter into this Lease and to perform Lessor's obligations <br /> E-1-1 <br /> 06107-0063-LEGAL 13023969.1 <br />