Exhibit 10.8
SECOND AMENDMENT TO AMENDED LEASE BETWEEN PINAL COUNTY
AND EVERGREEN AIR CENTER, INC., DATED JUNE 12, 1992, AS AMENDED
July 1, 1998,
This Second Amendment is entered into as of this 16th day of August, 2000,
by and between PINAL COUNTY, a political subdivision of the State of Arizona
("Pinal"), acting by and through its Board of Supervisors ("Board"), and
EVERGREEN AIR CENTER, INC., an Oregon corporation ("Tenant").
WHEREAS, Pinal is the Lessor of the Leased Premises described in the June
12, 1992, Amended Lease, as amended July 1, 1998 ("Lease"), and Evergreen Air
Center, Inc., is the tenant of the Leased Premises; and
WHEREAS, as of this date, August 16, 2000, pursuant to Paragraph 1.2.2.1 of
the Lease, Tenant is required to release Parcel 4 from the Lease as Tenant has
not placed Qualified Improvements upon Parcel 4; and
WHEREAS, Tenant has requested additional time to present a plan for use of
Parcel 4 under the Lease and Tenant has offered to pay for said additional time,
and the Board has determined it is in the best interest of Pinal to allow the
Tenant additional time for such a presentation.
THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, Pinal and Tenant hereby mutually agree as follows:
1. Upon the execution of this Amendment, Evergreen will pay to Pinal One
Thousand Dollars ($1,000.00) for a six month extension of time from August
16, 2000, to February 16,2001, and Pinal, upon said execution and payment
of monies, hereby grants said extension.
2. By February 16, 2001, Tenant may present Pinal with a plan for the use of
Parcel 4 under the Lease, and the Board, at its discretion, may accept or
reject the plan.
3. On February 16, 2001, if the Board has not been presented with a plan
acceptable to the Board, then the Board may, upon payment of an additional
One Thousand Dollars ($1,000.00) by Tenant to Pinal, extend the time for
one additional six-month period to August 16, 2001.
4. If Tenant fails to present a plan for the use of Parcel 4, which is
acceptable to the Board, within the time periods granted by the Board, then
Tenant shall proceed to release Parcel 4 as required by the Lease.
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5. If the Board approves a plan for the use of Parcel 4 or any portion of
Parcel 4, then said parcel or any portion thereof, shall remain part of the
Lease, and the Tenant shall pay additional rent as required by the Lease
and release from the Lease the portion of Parcel 4 not covered by the plan,
if any.
6. The remaining provisions, terms and conditions of the June 12, 1992,
Amended Lease, as amended July 1, 1998, remain the same and in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of
the day and year first herein written.
PINAL COUNTY, a political subdivision
of the State of Arizona, by and
through its Board of Supervisors
By: /s/ Lionel D. Ruiz
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Lionel D. Ruiz
Chairman of the Board
08-16-00
ATTEST:
By: /s/ Sheri Cliff
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Sheri Cliff, Deputy Clerk
Clerk of the Board
EVERGREEN AIR. CENTER, INC.
By: /s/ Tom Fedderson
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Its Sr. Vice President
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(Title)
STATE OF ARIZONA )
) ss.
COUNTY OF Pinal )
The foregoing Amendment to Amended Lease Between Pinal County and Evergreen
Air Center, Inc., Dated June 12, 1992, was acknowledged before me, a Notary
Public, this 11 day of August, 2000, by Tom Fedderson, as VP Finance of
Evergreen Air Center, an Oregon corporation, who being authorized to do so,
executed the foregoing instrument on behalf of the corporation for the purposes
stated therein.
By: /s/ Brenda J. Kline
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Brenda J. Kline
Notary Public
My Commission Expires: July 31, 2003
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