HomeMy WebLinkAbout2015-185 Lease - CCRUT - Police Contact Station
Claycomb's Plaza Mall
Claycomb Charitable Remainder Unitrust
Stefanie Claycomb, Trustee
105 Christy Court
Phoenix, Oregon 97535
July 17, 2014
Chief Terry Holderness
Ashland Police Department
1155 East Main Street
Ashland OR 97520
Re: Lease in Clavcomb's Plaza Mall
Dear Chief Holderness:
This letter is to notify you of the April 1, 2014 rent increase for the Ashland Police Substation.
The increase has been calculated pursuant to paragraphs 1.5, 1.6, and 1.7 of the lease.
Effective April 1, 2014 the monthly rent increased from $685.00 to $699.95 calculated as
follows:
Basic rent per lease effective April 1, 2013 $ 685.00
CPI, property tax and insurance adjustments 14.95
Total adjusted rent $ 699.95
The increased amount should be paid for the August rent payment. Additionally, the increase of
$14.95 a month was effective April 1, 2014, so the amount of $59.80 ($14.95 x 4 months) for the
2014 rent increase should also be paid for the Substation-
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Stefanie Claycomb
SC:ahs
I y H LA
council Co mmunicat1®-11
March 19 •2013, Business Meeting
Antharization of New, Lease for the Do X iitown Police Contact Station
FRO :
Terry Holdemess, Police, Chief, holdenet@-cishland.or.us
SUDYZIARY
The Ashland Police Department requests Council's authorization of a new lease for the Downtovm
Police Contact Station. The current lease agreement between the City of Ashland and the Claycomb
Charitable Remainder Unitrust will expire on April 1, 2013. Adthorrgh the lease agreement had a
provision allowing the landlord to increase the rent by 5116 each year, the rent did not increase and
remained consistent throughout its duration. The existing lease agreement appears to be significantly
below fair market value, while the proposed agreement seems consistent with current fair market
values.
BACKGROUND AND POLICY l[.tMPLICATiIONS:
The Downtown Police Contact Station is leased to the Cit~ of Ashland at a monthly cost of $350.
Since the c=ent five-year lease agreement will expire on April 1, 2013, a new five-year lease has been
presented to the City for consideration. Although the cost will increase from $3.50 per month to $685
per month, the increase appears to be consistent with a reiit fair market values. The Police Contact
Station is 270 square feet and has Vvo patldng spaces included in the cost. It is nestled on the corner of
the Clayc6mb Mall directly across from, the Plaza. This is an.ideal location as it is in the heart of
downtown Ashland surrounded by the city's high exposure business district. Furthermore, the City of
Ashland Police Department has established a strong footprint in the downtown corridor to which our
citizens have become accustomed.
Two additional properties were conapared against the Dowinown Police Contact Station in an effort to
estimate a true fair market value.
1. 88 North Main Street is 1125 sq/ft and is currently available for lease a:t the following rate:
$1.5 sq/h plus N NN charges estimated at $250 - Nr1N means the tenant pays towards all taxes,
insurance, and common area maintenance expenses, in addition to rent. 'T'hus :foes not include
any parking spaces.
$1.5 x 270 sq/ft (Contact Station sq/ft) = $405 / plus NNN fee of $250 = $655.00
2. 184 Clear Creels Drive is currently available for lease at the following rate:
Suite#l - which includes 330 square feet is available for $699.00
Suite #2 - which includes 250 square feet is available for $600.00•
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LEASE
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THIS LEASE is made as of the day of 5 n~~
Lv ~ 20 . by and bet4tieer the Claycvmb
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Charitable Remainder Unitrust, hereinafter referred to as "Landlord" and The City of Ashland, a
municipal corporation, Hereinafter referred to as "Tenant(s)".
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Landlord is the -owner o'the Plaza lvFall, located at Ab North Mair Street, Ashland, Oregon and
the Clayco;nb/Block Building, located at 25 East Main Street, 30., 40, and 60 North Main Street, and I
Water Street, Ashland, Oregon (said Mall, land and said Building hereinafter referred to collectively as
the "Property");
2. Tenant desires to lease fron, Iahdlord, and ;andlord desires to lease to tenant, a certain portion 1
of the property for a term of five (5) years, and
3. In consideration of the above recitals and of the beans, covenants and conditions hereof, and for
other good and valuable consideration, the receipt and sufficsiency of whic' is hereby acknowledged,
and intending to be bound hereby, tenant and landlord hereby agreb as follows:
1.
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LE d a'ndG 0P l3Rel'AIS S A7SiLS PAY V!'.S 7TS
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1.1 Premises Covered, Landlord hereby ieases and lets to 'tenant that certain portion of the property
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consisting of approximately 270 square feet (said gortion of the property hereinafter referred to as the I
"Leasers Premises"), in addition to the non-exclusive right to u-se, but in no event Possess, all common
areas adjoining the leased premises. Terani is also given exclusive use of two parking spaces
immediately adjacent to the leased space.
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1.4 Basic Rent. Pent for the term of tWs -le se shall be payable in advance on the first day of each
month thereinafter referred to as the "Paym tnt Date") during the term of this lease, including any E
renewals, in installments of $685,06, comma I sing with the V' day of April, 2013 payment date and
continuing until the full arnount due hereunde is paid. The basic rent shall be adjusted as set forth in ~
paragraphs !.5,1.6, and 1.7 hereof.
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1.5 Tenanfs Pro Rata Share of Tax increases. The basic refit shall be adjusted as of each January
payrnent date during the term hereof, including any renewals, to provide additional rental
proportionate to the increase in real propey taxes, assessments and other charges levied on the
property by any authoriijr thereinafter referred to as "Landlord Tax-Cost"), regardless of whether such
increase resulted from increased valuation, increased rate of taxation, imposition of special or general j
assessments, or any other source. For this purpose, landlord's tax cost for the 2012-2013 annual
period, which was billed to landlord in Octolr of 2012, shall be the basis upon which increases in
landlord's tax'cost are determined. Each yea during the terra hereof, including any renewals, upon I
landlord's tax cost being billed to landlord, ti. increase, if any, tax cost for the subsequent annual 1
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period, shalt be prorated between all tenants on the property. The increase will be calculated by dividing
the square footage of the leased premises flist, above mentioned by the then total leased square
footage of the property, such figure as of the d ate hereof being Twelve Thousand Four Hundred Twenty
Three (12,423) square feet. The figure thus reached shall then -be divided.by welve (12) and the sum
thus obtained added to the basic rent payable ly tenant to landlord for the twelve (12) payment dates,
beginning with the next January payment date.
1.6 Cost of Living Adjustments. The basic rent shall be further adjusted as of each January payment
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date, beginning with the 9anuary 2014 payment date, during the term hereof, including any renewals, to
provide additional rental proportionate to, the increase in the cost of living, based on the Consumer
Price Index, All items, All Ufban Consumers, Portland, Oregon (the "Index") published by the Bureau of
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Labor Statistics of the United States Depar tmerit of Labor. For this purpose, the First Half 2012 Index
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shall be the basis upon which the increase in the cost of living'is determined. Each year during the term
hereof, including any renewals, the basic rent, elkclusive of any other adjustments called for hereunder,
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shall be increased by an amount corresponding td the increase of the index most recently published in 1
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that year over the First Half 2012 Index.
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1.10 Payment. Tenant agrees to make all payments called for by this ?ease before the 7t' of the month. 1
A fare fee of $50.00 vAll be charged for rent payments arriving after the 7tr. of the month- Payments shall
be posted to the landlord at 105 Christy Court, Phoenix, OR 97535, or to such other person or place as '
landlord may hereafter direct. Checks are to be made payable
to Clayeomb Chartable Remainder j
Unitrust (Claycomb CRUT).
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1.11 Option to Renevy. If tenant is not and has never been in default of any term of this lease, tenant
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shall have an option to renew this lease on the same terms and conditions for one additional extension ?
for a period of five years. In order to exercise this renexval option, tenant must notify landiord.of his
intent to renew the lease no earlier than one hundred fifty (150) days and no later than sixty (60) days
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prior to expiration of the initial term faereof. Any renewal option is subject to possible'rent increases.
1.12 Termination. Upon the termination of this lease, tenant shall deliver up the leased premises to
landlord peaceably and quietly and in as good condition and repair as the leased premises were in or
may hereafter be placed in, reasonable wear and use excepted, and, if such termination be pursuant to
paragraph 3.5 of. this lease, damage from fire or other casualty covered by applicable insurance
excepted. Provided tenant is not then in, default and has not breached this tease, it is agreed that upon
termination of this lease, tenant shall be entitled to remove any fixtures or items of personal property
placed on the property, and owned by tenant provided, however, that tenar t shall have the duty to f
repair any darn-age caused by such removal and provided that such removal shall be performed prior to
termination of this leas` unless landlord shall have otherwise given to tenant notice of landlord having
consented to a later removal.
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MAINTENANCE
2.1 Landlord's Repairs- landlord agrees to (i) make repairs necessary to maintain the roof and
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gutters, exterior thralls, hearing walls, structuraf members and foundation of the. leased premises;. Cu)
repair sidewalks and curbs and areas used in common by tenant and othertenants on the property; (iii)
repair and maintain exterior water, sevrage, gas and electrical services up to the point of entry of same
onto the leased premises; and (iv) repair and maintain the heating and air conditioning system within
the common area which tenant shares with other tenants on the property.
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3,2 Liability !nsurance. Tenant shall continuously maintain during the term of this lease, including any
renewals, comprehensive public liability and property damage insurance, with a cross-liability clause of
endorsements insuring landlord and tenant against all legal liability for damages to persons or property
caused by the ownership, possession, maintenance, use or occupancy of the leased premises or by
reason of the conduct of any business carried on therein, in amounts not less than the follovring limits:
a, Public Liability $300,000.00 per person
$1,000,000.00 per occurrence ,
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b. Property Damage $300,000.00 {
Landiord Claycomb Charitable Remainder Unitrust shall be named as an additional insured in such
policy of insurance and a memo copy of the policy acceptable to landlord shall be given by tenant to I
landlord which shall evidence tenant's compliance with the 'terms of this section and which shall f
acknowledge that any notice of cancellation shall be furnished by the insurance company to landlord not
less than ten {10] days prior to the effective date thereof. 1
The insurance. policy/Certificate of Liability should be endorsed and read as follows: l
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Claycomb Charitable Remainder Unitrust is an/the additional insured.
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The box marked Cerfif icate Hblder should read as follows (all spelled out correctly with no initials):
Claycomb Charitable Remainder Unitrust
Stefanie Claycomb, Trustee
105 Christy Court
Phoenix, Oregon 97535
3.3 Fire and Extended Coverage Insurance. Each of the parties agrees to maintain full fire insurance
with extended coverage on the properties owned by the respective parties. Specifically, tenant agrees
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to maintain coverage to the full insurable value of his inventories, supplies, fixtures and personal
property which may at any time be located on the leased premises. Landlord agrees to maintain r"ire {
.insurance with extended coverage on the property. Tenant shall have no interest in said policy or the
proceeds therefrom nor any right to make claim thereon except as expressly provided herein.
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3.4 Release and Waiver of Subrogation: Each of the parades hereby releases the other party, his ~
employees and his successors of any kind, from any and all liability and waives his right to recover {
against the other party, his employees and his successors of any kind, for any loss or damage to the
property resulting from fire, explosion or other casualty enumerated in a standard fire insurance policy I
with extended coverage, irrespective of whetberthe limits thereof are sufficient to fully cover such loss
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the tatting, any portion of the leased premises is still suitable for the further-conduct of tenant's business 1
therein, then this lease shall continue in effect, except only that there shall be such an abatement of
tenan 'Ls rent as may be 'fair and equitable to the parties, considering the use which tenant may be able
to make of the leased premises subsequent to such taking. The. amount of any condemnation award
attributable to improvements installed or erected by tenant at his expense or to loss or interference
with tenant's business or moving expense shall belong to tenant.
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DEFAULT
4.1 Default by Tenant_ in the event of default by tenant of any obligation to landlord, landlord shall
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give notice of such default. Tenant shall then cure the default within fifteen (15) days, then landlord,
besides other rights or remedies available to him, shall have the immediate right of re-entry and may
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remove, at the cost and for the account of 'tenant, all persons and property from the leased premises.
Any property so removed by landlord may be stored in a public warehouse or elsewhere at the cost and i
for the account of tenant. Should landlord elect to re-enter, as herein provided, or should landlord take
possession pursuant to legal proceedings or pursuant to any notice provided for by law, landlord may
either terrninate this lease or may, from time to time and `vithout terminating this lease, re-let the `
leased premises or any hart thereof for such term or terms (including a term extending beyond the terra
of this lease) and at such rental or rentals and upon such other terms and conditions as landlord in his
sole discretion may deem advisable. Upon such re-letting, tenant shall pay to landlord, in addition to all
surfs otherwise-due hereunder, all costs and expenses incurred by landlord irf connection truth such re-
letting, including, by way of example only, (i) any deficiency between the sums payable by tenant to I
landlord hereunder and sums actually paid to landlord by the person to whom the leased premises were
re-let; and (ii)' the cost of any repairs which, pursuant to paragraph 2.2 of this lease, tenant was
obligated to make: No such re-entry or taking possession of the leased premises by landlord shall be
construed as an election on landlord's part to terminate this lease unless a written notice of such
intention be given by landlord to tenant or unless the termination hereof be decreed by a court of
competent jurisdiction. NoWlithstanding any r•e-ietting without termination, landlord may at anytime
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thereafter elect to terminate this lease for such previous default. Should landlord at any tune elect to
terminate this lease for any.bYeach, in addition to any other remedies he may have, landlord may
recover frorn tenant all damages incurred by such breach, including the cost of recovering the leased 1
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premises.
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reasonable attorney's 'tee to be fxed by tn>° court, and such recovery shall include court costs and
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attorney's fee at trial, for arbitration, and on appeal, if any.
5.5 Construction. Whenever used herein, the singular nui°nber shall include the plural, and the plural
number shall include the singular, and all words used in any gentler shall extend to and include both
genders.
S.77 Agreement to Perform Necessary Acts. Each to this lease J
party agrees to pcrfsrm any further arks
and to execute and deliver any documents that may be reasonably convenient or necessanj to carry out
the provisions of this lease.
5,8 Amendments. The provisions .of this lease may be altered, amended or repealed, in whole or in l
'part, only on the written consent of all parties to this lease. i
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5.9 Successors and Assigns. All of the provisions hereof shall be binding on, and in=ure to the benefit i
of, the parties hereto and their respective heirs, legal representatives, successors, and assigns, subject
to the limitation on assignment of transfer otherwise herein contained.
5.10 invalidity. if any term, covenant, condition or provision of this lease is held by a court of
cornpetent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereto shall
remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
5.11 Subsumed Obligation. In the event that any portion of a provision or covenant contained in this
pease is held unreasonable or unenforceable Man unappealed final decision to which both parties-are
bound, by a court or agency having valid jurisdiction, the applicable party expressly agrees to be bound
by each lesser covenant imposing the maximum duty*.permitted by law that is subsumed within the i
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tears of such promise or covenant, as if it were separately stated in and trade a part of this lease. f
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).12 Captions. The captions of articles and paragrapfis of this lease are for reference and convenience
only and are not to be construed in any way as part of this lease to explain, modify, amplify or aid in the
interpretation of the lease.
5.13 Time of Essence. Time is of the essence in the performance of each provision of this lease.
5.14 'Interest on Money Due. Any sum accruing to a party under the provisions of this lease which are
not paid when due shall bear interest at the rate of TER PERCENT (10%} per annum from the date
written notice specifying such non-payrnent is given'to the defaulting party until paid.
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CIaycomb's Plaza Mall
Claycomb Charitable Remainder Unitrust
Stefanie Claycomb, Trustee
105 Christy Court
Phoenix, Oregon 97535
July 17, 2014
Chief Terry Holderness
Ashland Police Department
1155 East Main Street
Ashland OR 97520
Re: Lease in Claycomb's Plaza Mall
Dear Chief Holderness:
This letter is to notify you of the April 1, 2014 rent increase for the Ashland Police Substation.
The increase has been calculated pursuant to paragraphs 1.5, 1.6, and 1.7 of the lease.
Effective April 1, 2014 the monthly rent increased from $685.00 to $699.95 calculated as
follows:
Basic rent per lease effective April 1, 2013 $ 685.00
CPI, property tax and insurance adjustments 14.95
Total adjusted rent $ 699.95
The increased amount should be paid for the August rent payment. Additionally, the increase of
$14.95 a month was effective April 1, 2014, so the amount of $59.80 ($14.95 x 4 months) for the
2014 rent increase should also be paid for the Substation.
Stefanie Claycomb
SC:ahs
LEASE
THIS LEASE is made as of the day of 20 by and between the Claycomb
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Charitable Remainder Unitrust, hereinafter referr to as "Landlord" and The City of Ashland, a
municipal corporation, hereinafter referred to as "Tenant(s)".
RECITALS
1. Landlord is the owner of the Plaza Mall, located at 40 North Main Street, Ashland, Oregon and
the Claycomb/Block Building, located at 25 East Main Street, 30, 40, and 60 North Main Street, and 10
Water Street, Ashland, Oregon (said Mall, Land and said Building hereinafter referred to collectively as
the "Property");
2. Tenant desires to lease from landlord, and landlord desires to lease to tenant, a certain portion
of the property for a term of five (5) years; and
3. In consideration of the above recitals and of the terms, covenants and conditions hereof, and for
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
and intending to be bound hereby, tenant and landlord hereby agree as follows:
1.
LETTING OF PREMISES AND PAYMENTS
1.1 Premises Covered. Landlord hereby leases and lets to tenant that certain portion of the property
consisting of approximately 270 square feet (said portion of the property hereinafter referred to as the
"Leased Premises"), in addition to the non-exclusive right to use, but in no event possess, all common
areas adjoining the leased premises. Tenant is also given exclusive use of two parking spaces
immediately adjacent to the leased space.
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1.2 Use of Leased Premises. Tenant agrees to use the leased premises for a police substation.
Tenant shall not change the nature of such use without landlord's written consent.
1.2.1 In no event shall tenant be entitled to use the leased premises in any way which increases
the probability or the occurrence of fire or which increases landlord's expense of obtaining fire
insurance as described in paragraph 3.3 of this lease.
1.2.2 Tenant will not make any unlawful, improper or offensive use of the premises; tenant will
not permit any objectionable noise or odor to escape or to be emitted from the premises or do
anything or permit anything.to be done upon or about the premises in any way tending to create a
nuisance; tenant will not sell or permit to be sold any product, substance or service upon or about
the premises, excepting such as tenant may be licensed by law to sell and as may be herein
expressly permitted.
1.2.3 Tenant shall regularly occupy and use the premises for the conduct of tenant's business,
and shall not abandon or vacate the premises for more than ten days without written approval of
landlord.
1.2.4 Tenant shall comply at tenant's own expenses with all laws and regulations of any
municipal, county, state, federal or other public authority respecting the use of the premises.
These include, without limitation, all laws, regulations, and ordinances pertaining to air and water
quality, hazardous materials as herein defined, waste disposal, air emissions and other
environmental matters. As used herein, hazardous material means any hazardous or toxic
substance, material or waste, including but not limited to those substances, materials, and waste
listed in the U.S. Department of Transportation of Hazardous Materials Table or by the U.S.
Environmental Protection Agency as hazardous substances and amendments thereto, petroleum
products, or such other substances, materials, and waste that are or become regulated under any
applicable local, state, or federal law.
1.3 Term of Lease. The term of this lease is five (5) full calendar years, commencing on the 1st day of
April, 2013 and terminating on the 31'"day of March, 2018, unless renewed as provided in paragraph
1.11 below.
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1.4 Basic Rent_ Rent for the term of this lease shall be payable in advance on the first day of each
month (hereinafter referred to as the "Payment Date") during the term of this lease, including any
renewals, in installments of $685.00, commencing with the in day of April, 2013 payment date and
continuing until the full amount due hereunder is paid. The basic rent shall be adjusted as set forth in
paragraphs 1.5, 1.6, and 1.7 hereof.
1.5 Tenant's Pro Rata Share of Tax Increases. The basic rent shall be adjusted as of each January
payment date during the term hereof, including any renewals, to provide additional rental
proportionate to the increase in real property taxes, assessments and other charges levied on the
property by any authority (hereinafter referred to as "Landlord Tax Cost"), regardless of whether such
increase resulted from increased valuation, increased rate of taxation, imposition of special or general
assessments, or any other source. For this purpose, landlord's tax cost for the 2012-2013 annual
period, which was billed to landlord ir? October of 2012, shall be the basis upon which increases in
landlord's tax cost are determined. Each year during the term hereof, including any renewals, upon
landlord's tax cost being billed to landlord, the increase, if any, tax cost for the subsequent annual
period, shall be prorated between all tenants on the property. The increase will be calculated by dividing
the square footage of the leased premises first, above mentioned by the then total leased square
footage of the property, such figure as of the date hereof being Twelve Thousand Four Hundred Twenty
Three (12,423) square feet. The figure thus reached shall then be divided by twelve (12) and the sum
thus obtained added to the basic rent payable by tenant to landlord for the twelve (12) payment dates,
beginning with the next January payment date.
1.6 Cost of Living Adiustments. The basic rent shall be further adjusted as of each January payment
date, beginning with the January 2014 payment date, during the term hereof, including any renewals, to
provide additional rental proportionate' to the increase in the cost of living, based on the Consumer
Price Index, All Items, All Urban Consumers, Portland, Oregon (the "Index") published by the Bureau of
Labor Statistics of the United States Department of Labor. For this purpose, the First Half 2012 Index
shall be the basis upon which the increase in the cost of living is determined. Each year during the term
hereof, including any renewals, the basic rent, exclusive of any other adjustments called for hereunder,
shall be increased by an amount corresponding to the increase of the index most recently published in
that year over the First Half 2012 Index.
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1.6.1 In no event shall the cost of living adjustment called for in paragraph 1.6 for any annual
period exceed FIVE PERCENT (5%). If an increase in rent called for by paragraph 1.6 should exceed
FIVE PERCENT (5%), the increase in rent for that annual period shall be FIVE PERCENT (5%) and the
increase in rent foregone pursuant to this subparagraph 1.6.1 shall be carried over to, and added
to the increase in rent called for by paragraph 1.6 for the next ensuing annual period. If the
increase in rent called for by paragraph 1.6 for that ensuing annual period, plus the increase in
rent carried over to that ensuing annual period, pursuant to this subparagraph, should also exceed
FIVE PERCENT (5%), the increase in rent for that ensuing annual period shall be FIVE PERCENT (5%)
and the increase in rent foregone similarly carried over to the next annual period.
1.7 Tenant's Pro Rata Share of Insurance Cost Increases. The basic rent shall be adjusted as of each
January payment date during the term hereof, including any renewals, to provide additional rental
proportionate to the increase in the cost to landlord of insuring the property as described in paragraph
3.3 of this lease (said cost hereinafter referred to as "Landlord's Insurance Cost"). For this purpose,
landlord's insurance cost for 2012 shall be the basis upon which increases in landlord's insurance cost
are determined. Each year during the term hereof, including any renewals, upon landlord's insurance
cost being billed to landlord, the increase, if any, of landlord's insurance cost for that annual period over
landlord's insurance cost for the 2012 annual period, shall be prorated between all tenants on the taxed
property, said proration to be determined with and calculated by using the method described in
paragraph 1.5. In no event shall the monthly rental be decreased pursuant to this paragraph.
1.8 Utilities: Tenant shall be responsible for payment of all utilities and trash pickup service provided
to the leased premises. Those utilities which are supplied to tenant in common with the other tenants
on the property shall be paid for on a prorated basis, according to the ratio that is currently being
utilized. Should landlord, pursuant to paragraph 1.2 of this lease allow tenant's use of the leased
premises to change in a manner which substantially increases the cost of utilities used by tenant, there
shall be a reevaluation of tenant's obligation under this paragraph. Landlord shall include a provision
identical in effect to this paragraph in all leases which he may execute with other tenants on the
property.
1.9 Landlord's Right of Inspection. Landlord, or any agents or representatives of landlord, shall have
the right to, at all reasonable times, enter upon and inspect the leased premises.
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1.10 Payment. Tenant agrees to make all payments called for by this lease before the 7th of the month.
A late fee of $50.00 will be charged for rent payments arriving after the 7th of the month. Payments shall
be posted to the landlord at 105 Christy Court, Phoenix, OR 97535, or to such other person or place as
landlord may hereafter direct. Checks are to be made payable to Claycomb Charitable Remainder
Unitrust (Claycomb CRUT).
1.11 Option to Renew. If tenant is not and has never been in default of any term of this lease, tenant
shall have an option to renew this lease on the same terms and conditions for one additional extension
for a period of five years. In order to exercise this renewal option, tenant must notify landlord of his
intent to renew the lease no earlier than one hundred fifty (150) days and no later than sixty (60) days
prior to expiration of the initial term hereof. Any renewal option is subject to possible rent increases.
2.12 Termination. Upon the termination of this lease, tenant shall deliver up the leased premises to
landlord peaceably and quietly and in as good condition and repair as the leased premises were in or
may hereafter be placed in, reasonable wear and use excepted, and, if such termination be pursuant to
paragraph 3.5 of this lease, damage from fire or other casualty covered by applicable insurance
excepted. Provided tenant is not then in default and has not breached this lease, it is agreed that upon
termination of this lease, tenant shall be entitled to remove any fixtures or items of personal property
placed on the property, and owned by tenant provided, however, that tenant shall have the duty to
repair any damage caused by such removal and provided that such removal shall be performed prior to
termination of this lease unless landlord shall have otherwise given to tenant notice of landlord having
consented to a later removal.
II.
MAINTENANCE
2.1 Landlord's Repairs. Landlord agrees to (i) make repairs necessary to maintain the roof and
gutters, exterior walls, bearing walls, structural members and foundation of the leased premises; (ii)
repair sidewalks and curbs and areas used in common by tenant and other tenants on the property, (iii)
repair and maintain exterior water, sewage, gas and electrical services up to the point of entry of same
onto the leased premises; and (iv) repair and maintain the heating and air conditioning system within
the common area which tenant shares with other tenants on the property.
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2.2 Tenant's Maintenance. Tenant agrees to maintain the leased premises in good and clean
condition. Tenant further agrees that tenant will maintain a pleasant and aesthetic appearance of the
leased premises. Notwithstanding anything in paragraph 2.1 above to the contrary, tenant shall make all
necessary repairs of any condition on the leased premises and/or the property caused by tenant's
deliberate or negligent act.
Tenant agrees not to alter the premises without first obtaining landlord's permission. Tenant agrees not
to make any modifications to existing infrastructure including walls, doors, windows, light fixtures,
electrical, or plumbing. Any electrical or plumbing repairs will be performed by licensed and bonded
contractors approved by landlord. Tenant specifically agrees to reimburse landlord for the cost of
repairing any damage caused by non-adherence to the above limitations.
2.3 Liens and Encumbrances. Tenant shall pay when due all claims for services rendered and
materials furnished to tenant in connection with the leased premises and/or the property. Tenant shall
keep the property free and clear of all liens and encumbrances of any nature. If tenant fails to pay any
such claim or claims or to discharge any such lien or encumbrance, landlord may do so and collect the
same from tenant. Any amount so paid by landlord shall bear interest at the rate of TEN PERCENT (10%)
per annum from the date expended by landlord and shall be payable upon demand. Such action by
landlord shall not constitute a waiver of any right or remedies which landlord may have on account of
tenant's default. Tenant may withhold payment to any person rendering such services or providing such
materials in connection with a good faith dispute over the obligation to pay, so long as landlord's
property interest is not jeopardized. If a lien is filed as a result of tenant's conduct or lack thereof,
tenant shall defend the same. If tenant suffers an adverse decision in connection with any such lien,
tenant will satisfy the same within thirty (30) days and if tenant shall fail to do so, landlord may pay the
same as above provided and collect the same from tenant. Any amount so paid by landlord shall bear
interest at the rate of TEN PERCENT (10%) per annum from the date expended by landlord and shall be
payable upon demand.
III.
RISK ALLOCATIONS
3.1 Indemnification. Unless caused by landlord's negligence or breach of landlord's obligations as set
forth,in paragraph 2.1 above, tenant will indemnify and hold landlord harmless from any and all
expenses (including attorney's fees), fines, damages, costs, losses, claims, suits and actions arising out of
or in any way connected with the lease and occupancy of the leased premises.
6
3.2 Liability Insurance. Tenant shall continuously maintain during the term of this lease, including any
renewals, comprehensive public liability and property damage insurance, with a cross-liability clause of
endorsement, insuring landlord and tenant against all legal liability for damages to persons or property
caused by the ownership, possession, maintenance, use or occupancy of the leased premises or by
reason of the conduct of any business carried on therein, in amounts not less than the following limits:
a. Public Liability $300,000.00 per person
$1,000,000.00 per occurrence
b. Property Damage $300,000.00
Landlord Claycomb Charitable Remainder Unitrust shall be named as an additional insured in such
policy of insurance and a memo copy of the policy acceptable to landlord shall be given by tenant to
landlord which shall evidence tenant's compliance with the terms of this section and which shall
acknowledge that any notice of cancellation shall be furnished by the insurance company to landlord not
less than ten (10) days prior to the effective date thereof.
The insurance policy/Certificate of Liability should be endorsed and read as follows:
Claycomb Charitable Remainder Unitrust is an/the additional insured.
The box marked Certificate Holder should read as follows (all spelled out correctly with no initials):
Claycomb Charitable Remainder Unitrust
Stefanie Claycomb, Trustee
105 Christy Court
Phoenix, Oregon 97535
3.3 Fire and Extended Coverage Insurance. Each of the parties agrees to maintain full fire insurance
with extended coverage on the properties owned by the respective parties. Specifically, tenant agrees
to maintain coverage to the full insurable value of his inventories, supplies, fixtures and personal
property which may at any time be located on the leased premises. Landlord agrees to maintain fire
insurance with extended coverage on the property. Tenant shall have no interest in said policy or the
proceeds therefrom nor any right to make claim thereon except as expressly provided herein.
3.4 Release and Waiver of Subrogaf'on.. Each of the parties hereby releases the other party, his
employees and his successors of any kind, from any and all liability and waives his right to recover
against the other party, his employees and his successors of any kind, for any loss or damage to the
property resulting from fire, explosion or other casualty enumerated in a standard fire insurance policy
with extended coverage, irrespective of whether the limits thereof are sufficient to fully cover such loss
7
or damages, and each of the parties :hereby waives the subrogation rights of his insurance carriers
providing coverage against such loss or damage. Each of the parties further agrees to take any and all
steps which may. be required to inform his carrier of this provision and to have endorsements, if
necessary, placed on the respective policies of insurance to carry into effect the provisions of this
paragraph.
3.5 Damage or Destruction to Property. In the event a portion of the property is damaged or
destroyed from any cause, and said damage or destruction exceeds FIFTY PERCENT (50%) of the then
replacement value of the property then either party may within thirty (30) days after such damage or
destruction, elect to terminate this lease by giving notice to the other. In the event of such an election,
this lease shall terminate as of the date of such damage or destruction. In the event the property is
damaged or destroyed from any cause, and said damage or destruction does not exceed FIFTY PERCENT
(50%) of the then replacement value of the property, landlord shall restore the property to substantially
the same condition as it was in immediately before such damage or destruction and this lease shall
remain in full farce and effect, but only if such restoration can be made under the existing laws and can
be completed within ninety (90) working days after the date of such damage or destruction. If said
restoration cannot be made in such time, then within fifteen (15) days after the parties determine that
such restoration cannot be made in such time, tenant may terminate this lease immediately by giving
notice to landlord. if tenant fails to terminate this lease and if restoration is permitted under the
existing laws, landlord, at his election may either terminate this lease or restore the property within a
reasonable time and this lease shall continue in full force and effect. If the existing laws do not permit
the restoration, either party may terminate this lease immediately by giving notice to the other party.
3.5.1 Upon any such damage or destruction, landlord shall have the right to take possession of
the property or any portion thereof, including the leased premises, as may be reasonably
necessary to the landlord. Tenant, agrees to vacate same upon landlord's request. For the period
of time between the date of such damage or destruction and until such repairs have been
substantially completed, there shall be such abatement of tenant's rent as may be fair and
equitable to the parties, considering the use which tenant may be able to make of the leased
premises during such period.
3.6 Condemnation. If the whole or any part of the property shall be condemned or taken for public or
quasi-public use by an properly constituted authority and the taking is such as to render the leased
premises unsuitable for the further conduct of tenant's business therein, tenant shall be entitled to
cancel this lease and receive from landlord any unearned rent paid to landlord in advance. If, despite
8
the taking, any portion of the leased premises is still suitable for the further conduct of tenant's business
therein, then this lease shall continue in effect, except only that there shall be such an abatement of
tenant's rent as may be fair and equitable to the parties, considering the use which tenant may be able
to make of the leased premises subsequent to such taking. The amount of any condemnation award
attributable to improvements installed or erected by tenant at his expense or to loss or interference
with tenant's business or moving expense shall belong to tenant-
IV.
DEFAULT
4.1 Default by Tenant. In the event of default by tenant of any obligation to landlord, landlord shall
give notice of such default. Tenant shall then cure the default within fifteen (15) days, then landlord,
besides other rights or remedies available to him, shall have the immediate right of re-entry and may
remove, at the cost and for the account of tenant, all persons and property from the leased premises.
Any property so removed by landlord may be stored in a public warehouse or elsewhere at the cost and
for the account of tenant. Should landlord elect to re-enter, as herein provided, or should landlord take
possession pursuant to legal proceedings or pursuant to any notice provided for by law, landlord may
either terminate this lease or may, from time to time and without terminating this lease, re-let the
leased premises or any part thereof for such term or terms (including a term extending beyond the term
of this lease) and at such rental or rentals and upon such other terms and conditions as landlord in his
sole discretion may deem advisable. Upon such re-letting, tenant shall pay to landlord, in addition to all
sums otherwise due hereunder, all costs and expenses incurred by landlord in connection with such re-
letting, including, by way of example only, (i) any deficiency between the sums payable by tenant to
landlord hereunder and sums actually paid to landlord by the person to whom the leased premises were
re-let; and (ii) the cost of any repairs which, pursuant to paragraph 2.2 of this lease, tenant was
obligated to make. No such re-entry or taking possession of the leased premises by landlord shall be
construed as an election on landlord's part to terminate this lease unless a written notice of such
intention be given by landlord to tenant or unless the termination hereof be decreed by a court of
competent jurisdiction. Notwithstanding any re-letting without termination, landlord may at any time
thereafter elect to terminate this lease for such previous default. Should landlord at any time elect to
terminate this lease for any breach, irl addition to any other remedies he may have, landlord may
recover from tenant all damages incurred by such breach, including the cost of recovering the leased
premises.
9
4.2 Late Payments. As stated in paragraph 1.10, rent is due by the 7th of each month. Rent payments
received after the 7th of the month will be subject to a FIFTY DOLLAR ($50.00) late fee which will be due
immediately and payable by tenant to landlord. Tenant's failure to pay any sums payable by tenant to
landlord within five (5) days of when due, shall constitute a breach of this lease.
4.3 Cumulative Remedies. No remedy set forth in Article IV shall be deemed to be landlord's exclusive
remedy. Landlord shall at all times have such other and further rights and remedies as may be available
to landlord either at law or in equity, including, but not limited to, the recovery of future rents
immediately, without waiting until the date fixed for expiration of the term of this lease.
V.
MISCELLANEOUS PROVISIONS
5.1 Assignment of Sublease. Tenant shall neither assign nor sublease any portion of the leased
premises without first obtaining the written consent of landlord, which consent shall not be
unreasonably withheld. Any attempted assignment or sublease in violation hereof shall be void and
constitute a breach of this lease.
5.2 Joint and Several Obligations. Each and every obligation of tenant set forth in this lease shall be
the joint and several obligation of each individual and/or entity, as the case may be, executing this lease
as tenant.
5.3 Entire Agreement. This lease contains the 'entire agreement between the parties hereto
concerning the subject matter contained herein. There are no representations, agreements,
arrangements or understandings, oral or written, between or among the parties hereto relating to the
subject matter of this lease which are not fully expressed herein.
5.4 Governing Law. This lease shall be construed in accordance with, and governed by, the laws of the
State of Oregon.
5.5 Attorney's Fees. In the event that either party hereto shall commence any arbitration (if
arbitration is consented to by the parties), legal action or proceeding, including not by way of limitation
an action for declaratory relief, against the other by reason of the alleged failure of the other to perform
or keep any term, covenant or condition of this lease by him to be performed or kept, the party
prevailing in said action or proceeding shall be entitled to recover, in addition to his court costs, a
10
reasonable attorney's fee to be fixed by the court, and such recovery shall include court costs and
attorney's fee at trial, for arbitration, and on appeal, if any.
5.6 Construction. Whenever used herein, the singular number shall include the plural, and the plural
number shall include the singular, and all words used in any gender shall extend to and include both
genders.
5.7 Agreement to Perform Necessary Acts. Each party to this lease agrees to perform any further acts
and to execute and deliver any documents that may be reasonably convenient or necessary to carry out
the provisions of this lease.
5.8 Amendments. The provisions of this lease may be altered, amended or repealed, in whole or in
part, only on the written consent of all parties to this lease.
5.9 Successors and Assigns. All of the provisions hereof shall be binding on, and inure to the benefit
of, the parties hereto and their respective heirs, legal representatives, successors, and assigns, subject
to the limitation on assignment or transfer otherwise herein contained.
5.10 Invalidity. If any term, covenant, condition or provision of this lease is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereto shall
remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
5.11 Subsumed Obligation. In the event that any portion of a provision or covenant contained in this
lease is held unreasonable or unenforceable in an unappealed final decision to which both parties are
bound, by a court or agency having valiai jurisdiction, the applicable party expressly agrees to be bound
by each lesser covenant imposing the maximum duty permitted by law that is subsumed within the
terms of such promise or covenant, as if it were separately stated in and made a part of this lease.
5.12 Captions. The captions of articles and paragraphs of this lease are for reference and convenience
only and are not to be construed in any way as part of this lease to explain, modify, amplify or aid in the
interpretation of the lease.
5.13 Time of Essence. Time is of the essence in the performance of each provision of this lease.
5.14 Interest on Money Due. Any sum accruing to a party under the provisions of this lease which are
not paid when due shall bear interest at the rate of TEN PERCENT (10'0) per annum from the date
written notice specifying such non-payment is given to the defaulting party until paid.
11
5.15 Agency. Nothing contained in this lease shall be deemed or construed by the parties hereto or by
a third person to create the relationship of principal and agent or of partnership or of joint venture or of
any other association.
5.16 Extensions. All references to the term of this lease shall include any extensions or renewals of the
initial term.
5.17 Waiver. Any waiver of landlord,in enforcing any of the terms and conditions hereof shall not
constitute a waiver of landlord's right to insist upon strict compliance with such terms and conditions in
the future.
5.18 Notices. All notices, requests, demands, and other communications under this lease shall be
writing and shall be deemed to have been duly given on the date of service if served personally on the
party to whom notice is to be given, or on the third day after mailing if mailed to the party to whom
notice is to be given, by first class mail, registered or certified, return receipt requested, postage
prepaid, and properly addressed as follows:
To Landlord: Claycomb Charitable Remainder Unitrust
Stefanie Claycomb, Trustee
105 Christy Court
Phoenix, Oregon 97535
To Tenant: City of Ashland Police Department
1155 East Main Street
Ashland, Oregon 97520
The address for such notices may be changed by notice given in accordance herewith.
THE PARTIES HERETO have executed this lease on the dates set forth below.
TENANT(S)
L~ 13- l-s
By.
Dated
LANDLORD
a
ay sL-
Da ed
12
Page 1 / 1
CITY OF
ASHLAND DATE PO NUMBER
20 E MAIN ST. 7/9/2015 12973
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 015216 SHIP TO: City of Ashland - Police Dept.
CCRUT, CLAYCOMB CHARITABLE, REMAINDER l 1155 E MAIN STREET
105 CHRISTY COURT ASHLAND, OR 97520
PHOENIX, OR 97535
FOB Point: Ashland, Oreqon Req. No.:
Terms: Net Dept.:
Req. Del. Date: Contact: Lynn Merrifield
Special Inst: Confirming? No
Quantity Unit Description Unit Price Ext. Price
12.00 Mo Rental for Contact Station 699.95000 8,399.40
FY 2016 - 12 Mos (ED. $699.95/Month
12.00 Mo FY 2017 - 12 Mos 0) $699.95/Month 699.95000 8,399°40
SUBTOTAL 16 798.80
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 16,798.80
ASHLAND, OR 97520
Account Number Project Number Amount Account Number Project Number Amount
E 110.06.09.00.60416 16 798.80
Author49 Signature VENDOR COPY
FORM0CITY OF
ASHLAND
z; _L11
REQUISITION
Date of request: 6/25/15
Required date for delivery:
Vendor Name CGRI IT (:I AY(QMR rHARITARI F I I IITRI I4T
Address, City, State, Zip ins C.HRISTY (:T PHOFNIX OR 97535
Contact Name & Telephone Number
Fax Number
SOURCING METHOD
Exempt from Competitive Bidding
F1 Emergency
® Reason for exemption: r:. ~'i ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
❑ AMC 2.50~a~~ Date approved by Council: ❑ Written quote or proposal attached
❑ Written quote or proposal attached
❑ Small Procurement Cooperative Procurement
Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
❑ Direct Award Date ap oved by Co cil: Contract #
❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington
Intermediate Procurement ® Sole S urce Contract #
GOODS & SERVICES ❑ Applicab `Form (#5,6, 7 or 8) ❑ Other government agency contract
$5,000 to $100.000 ❑ Written/qu a or proposal attached Agency
❑ (3) Written quotes and solicitation attached ❑ Form~k Pe wnal Services $5K to $75K Contract #
PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement
$5.000 to $75.000 ❑ Form #9, Request for Approval ❑ Agency
❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council:
❑ (3) Written proposals/written solicitation Date approved by Council: (Date)
❑ Form #4, Personal Services $5K to $75K Valid until: Date
Description of SERVICES Total Cost
RENTAL FOR CONTACT STATION @ 699.951Mo
FY 2016-$8339.40
FY 2017-$8339.40 $ 16798.80
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
❑ Per attached quotelproposal
Project Number _ _ _ _ _ _ - _ _ _ Account Number E 110.06.09.00.604160
Account Number Account Number
*Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
lT Director Date Support -Yes/ No
By signing this^ Jreequisition form, I certifythatthe n by .publi~tracting requirements have been satisfle . N
Employee." ~ Department He l/
Department Manager/Supervisor: City Administrator: (Equal to or greater than $5,000)
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year tEl / NO
Finance Director- (Equal to orgrea a than $5,000) Date
Comments:
Form #3 - Requisition