Loading...
HomeMy WebLinkAbout2017-114 Contract - CPM Real Estate Services - Police Contact Station _ T' Ronald L DeLuca Revocable Trust clo CPM Real Estate Services, Ixac ~~8 Black Oak Dr. Suite A. Apri11, 2017 Medford, OR ~'75fl2 Glaycombs Plaza Ma11 As~.and, QR. City of Ashland -Police Dept, I.Jnit.' ~ 20 E. Main Street P4;~LI~E Ashland, OR 975Z(1 1~ame: pity o~~Ashla.od ...Police Dept. date esc~ Lion A~nonn~ Tax Payo3ent alanee 04/0112017 ~r~surance ~O~I01/17~04130117} 2.28 2.28 04/01120 ~ 7 Rent (040 ~ 11 ?-0430117} '767. ~5 767. S5 04101/2017 Pxo~perty Taxes X04101117- 7.56 7.~b 04/30/17 .ill Rents sire .Due Un The 1 st o, f the Month. ~etut~n battanz pardon with checl~ ~'o~a1.~n~o~int one ~7??.3`~ ~t~~rent ~ . ~ ~yer~~~~ ~ ~ +~ver 6~ ~ . ear ~Q.:. ~ I~ ~ C~er~~~~2Q ~ - r ~~~7.~ ~ _ ~~.aa ~a.aa ~a.oa ; ~a.aa RE~ITTA.~CE Payable To: Ronald L DeLuca Revocable Trust ~i ~ Amount Due ~ ~7~~.~9 A.tnount Enclosed Claycombs Plaza Mall Ronald L DeLuca Revocable Trust Date: 04/01/2017 c/o CPNI Real Estate cervices, Iuc ~ 1D: POLICE 7I8 BIack Oak Dr. Suite A~ ! Medford, OR 97502 'Name: City of.A~shland - Police Dept. k R. ~1 a R ~.j ` ~ ~ t1 ~ *S~ y~ ~..^L SEAL ~S~'AT~ S~RVICI~S, tf~C. March 1, 2017 City of Ashland Police Dept. 1155 E. Main Street Ashland, OR 97520 Re: Rent Increase - 20 E. Main Street -Sub station Dear Tenant: The purpose of this letter is to serve as a reminder that effective April 1St, 2017, your base rent will increase per CPI and the terms of your Lease Agreement. Your new base rent as of April l st, 2017 is $767.55. If you have any questions, I invite you to call me direct at (541) 842-2418 or email me at ,J~vpne a,c~~nrealestateservice~s.con~. Sincerely, CPM Real Estate Services, Inc. Jayme Palodichuk Commercial Division Manager ~ ~ lease Addendum 1 This Addendum, is made effective as of the last date of signature, by and between Ron Deluca, (hereinafter referred to as "Landlord") and City of Ashland, a municipal corporatian, (hereinafter referred to as "Tenant"), W[TNESSET WHEREAS, Landlord and Tenant entered into that certain Lease dated April 1, 2013, (hereinafter referred to as the "Lease"), far certain real property containing approximately 270 square feet located at the Claycomb Plaza Mall, 250 East Main Street, 30, 40, and 60 North Main Street and 10 Water Street, in Ashland, OR 97520 {hereinafter referred to as the "Premises"}, . Tenant acknowledges and agrees that the Lease, by and between Tenant and the Claycomb Charitable Remainder Unitrust, is in full force and effect, under the current ownership, Ron Deluca. In consideration of the mutual covenants and promises contained in this Addendum, Landlord and Tenant covenant and agree that the Lease is amended, supplemented, and modified as follows: 1. Tenant shaft send all rents and additional charges to: Ran Deluca, clo CPM Real Estate Services, Inc. 718 Black Oak Drive Medford, Oregon 97504 Ali other terms, covenants and conditions of the Lease shall remain in full force and effect.ln the event of any conflicts between the terms and conditions of the Lease and the terms and conditions of this Addendum, the terms and conditions of this Addendum shall prevail. IN WITNESS WHEREOF, Landlord and Tenant have caused this Addendum to be fully executed as of the date Oast written below. LANDL{~RD: TENANT: Ron Deluca Gity of Ashland, a municipal corporation By: By: C~ Printed Name: Jayme Palodichuk, Broker Printed Name: ~ Title: As Agent for Ron Deluca Title: ~~,t~-~: r~~~ ~a ~ ~r~r t~l ~ ~ Date Date: ~ ~ "r~ / vAshlan~ ci~~ At'~+orrdey • r f. ~ T~: Tenants at Claycomb's Plaza Ma11 D.~TE: December 15, 2016 ti^+G+ u ~ Bey I C+ i 6'~ ° ~ ,R,'f A # CPM Real Estate Services has been retained by Ron Deluca to begin management of the Claycomb Plaza Mall, effective as of December 14, 2017. We are looking forward to working with each of you. Please contact me directly with any questions, concerns or maintenance issues as it pertains to your leased premises. My direct line is (541) 842-2418 and email address is ~av,~,o,c~mre~.lestateservices.com. ff X am not available you may also contact Wendy Mallams on her direct line, (541) 842-2416 or by email we~dv~Lnmreaiestatese~ vaces.cco . As stated in your Lease agreement, Lease payments are due on the 1 sc of the month. ~,CR payments are not available; therefore, all payments should be made payable to Ron Deluca and mailed or delivered directly to a CPM Real Estate office: CPM Real Estate Services, lnc. 718 Black Oak Drive, Suite A Medford OR 97504 or CPM Real Estate Services, Ashland Division 1875 Hwy. 99 N., Suite 10 Ashland, OR 97520 For your convenience our office hours are Monday through Friday 9:OOam to 5:30pm and Saturday's (Medford only) from 9:OOam to 4:OOpm. Additionally, we have a drop box at each CPM office, near the front door for rents or general correspondence you would like to deliver during non-business hours. I've enclosed a Contact Data Form and aself-address~d, stamped envelope. Please complete and return the form to my attention at CPM Real Estate Services,lnc. at 718 Black Oak Drive, Suite A Medford, OR 97504. This is to ensure we have correct contact data. Per the terms of your Lease, please also submit an updated certificate of Liability Insurance naming Ron Deluca and CPM Real Estate Services, Inc. as additional insured. I look forward to being of service to you. Sincerely, CPM Real Estate Services, Inc. ,1 e PalodYChuk Commercial Division Manager c r TH15 LASE is rude as of the day of 24.,, by and between the Claycomb Charitable Remainder Unitrust, hereinafter referr to as "landlord" and The City of Ashland, a -municipal corporation, hereinafter referred to as "Tenant~s~". ECITA landlord is the owner of the Plaza Nlall, located at 4Q North Main Street, Ashland, Oregon and the Claycornb~Block Building, located at ~5 East Main Street, 34, 40, and 60 North Main Street, and 1(l water Street, Ashland, ®regon said Niall, 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 act~nowledged, and intending to be bound hereby, tenant and landlord hereby agree as follows. f. LE3TINC~ t~F PREMISES AND PAYMENTS 3..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 na event possess, all common areas ad,~oining the leased, premises. Tenant is also given exclusive use of two parking spaces immediately adjacent to the leased space. r t ~ 1 ~i ~ . I _ . ises. Tenant a tees to use the leased premises far a palice substation, 1.2 lase of leased Prern g ' han a the nature of such use without landlord's v~ritten consent. ~'enant shall not c g the leased remises in any way which increases x..2.1 In no event shall tenant be entitled to use la • c of fire or which increases landlord's expense of obtaining fire the probability Qr the occurren e insurance as described in paragraph 3.3 of this lease. • live use of the premises; tenant will 1.2.2 Tenant will nat make any unlawful, amproper or ®l'fen i®nable noise or odor to escape or to be emitted from the premises or do not permit any object . ° to be done u on or about the premises in any way tending to create a anything or pern~~t anything p nuisance; tenant gill not sell or permit to be sold any product, substance yr seruice upon or about the remises, excepting such as tenant nay be licensed by law to sell and as may be herein P o expressly permitted. . 1.2.E Tenant shall regularly occupy and use the premises for the conduct tenants business, o a an on ar vacate the remises for more than ten days without written approval of ar~d shall n t b d p . IandiQrd. e shall com I at tenant's own ex eases with all lags and regulations of any 1.2.4 T Want p y p 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 duality, hazardous materials as herein defined, waste disposal, air emissions and other environmental makers. 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 ir, the ~l.S. Department of ~'ransportation of ~iazardous Materials Table or by the U.s. Envir®nmental 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. 1.8 Terra oa Lease. The term of this lease is foe ~S3 foil calendar years, commencing on the 1st day of April, 2D13 and terminating on the 31St day of March, 201.8, unless renewed as provided in paragraph 1.11 below. 2 ~ o ' 1.4 'Basic Rent. Rent for the terra of this lease shall be payable in advance on the first day of each month thereinafter referred to as the "Payment Date"~ during the term ®f this lease, including any renewals in installments of ~585.0~, commencing with the 15t day of April, 2013 payment date and c®ntinuing until the full amount due hereunder is paid. The basis rent shall be adjusted as set forth in paragraphs 1.Sr 1.b, and 1..7 hereof. 1.~ Tenants Pro Raba Shareof Tax ~ncrease$. The basic rent shall be adjusted as of each January ayment date during the term hereof, including any renewals, to provide additional rental P proportionate to the increase in real property taxes, assessments and other Charges levied on the pr®perty b~ ank authority thereinafter referred }o as "Landlord Tax Cost", regardless of whether such increase resulted from increased valuation, increased rate of taxation, imp®sition of special or general assessments, or an other source. For this purpose, landlord's tax cast for the ZQ12-2013 annual Y period, which was billed to landlord in Qctober of 2012, shall be the basis upon which increases in landlord's tax cast are determined. FaCh year during the term hereof, including any renewals, upon landlord's flax cost being billed to landlord, the increase, if any, tax cost fvr the subsequent annual period, shalt 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 propertg~, sash figure as of the date hereof being Twelve Thousand hour Hundred Twenty Three X12,4231 square feet. The frgure thus reached shall then be divided by twelve ~12j and the sum thusobtained added to the basic rent payable by tenant to landlord for the twelve X12} payment dates, beginning witlZ the next January payment date. 1.6 Cast of Living AdiUStments. The basic rent shalE be further adjusted as of each January payment _______rr_ . 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 'rice Index, AI! Items, All &Jrban Consumers, Portland, Oregon the "Inde~'~ published by fibs Bureau of i.abor statistics ®f the 1Jnited States Department of tabor. ror this purpose, the First Half 2012 index shall be fibs basis upon which the increase in the cost of living as determined. i:ach 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 201.2 Index. ' ~ ~ . . ent called for in paragraph ~..6 for any annual ? ~5,~ In n® event shall the cost of hying adJustrn . . If an increase in rent called for by pal~graPh 1.6 should exceed period exceed FIVE PERCENT ~5%~ . " r ase in rent i'orthat annual period shall be FIVE PERCENT ~5%~ and the FIVE PERCENT ~5°~0~, the Inc e • ant to this sub ara raph shall be carried over to, and added increase in rent zoregone purse p ~ g t called for b ara raph 1.6 for the next ensuing annual period. If the . to she Increase ~n ren y p t; • ~ ra rah 1.6 for that ensuing annual period, plus the increase in rncrease in rent called for oy pa g p that ensuin annual eriod, pursuant to this subparagraph, should also exceed R ent carried over to g P PERCENT 5% the increase in rent for that ensuing annual period shall be FIVE PERCENT ~5%~ FIVE ~ ~s and the increase in rent foregone similarly carried aver to the next annual period. Pro Rata Share ®f insurance Cost Increases. The basic rent shall be adjusted as of each Tenant's ~anuarv a ment date burin the term hereof, including any renewals, to provide additional rental ~Py g rtionate to the increase in the cost to landlord of insuring the property as described in paragraph propo 3.3 of this lease said cost hereinafter referred to as `r~ andlord'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.. Eac~t ear during the terr>~ hereof, including any renewals, upon landlord's insurance y cost being billed to landior~, the increase, if any, of landlord's insurance cost for that annual period over lae~dlord°$ insurance cost for the 2®12 anr~uai period, shall be prorated between all tenants on the taxed property, said proration t® 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 then paragraph. 1.S Utilities: Tenant shall be responsible for payment o€ all utilities and trash pickup service provided to the leased premeses.~Those utilities which are supplied to tenant in common with the other tenants on the property shall be paid °~or on a prorated basis, according to the ratio that es currently being utilized. Should landlord, pursuant to paragraph 1.2 of this lease allow tenant's use of the leased premises t® change in a manner which substantially increases the cost ®f utilities used by tenant, there shall be a ree~raluation of tenant's obligati©r► under this paragraph. landlord shall include a provision identical in effect to this ara ra h in all leases which he may execute with other tenants on the P g P property. Landlord's Right of inspection. Landlord, or any agents or representatives of landlord, shalt have the right to, at all reasonable times, enter upon and inspect the eeaSed premises. 4 . . 14 Pa rnent. Tenant a rees to make all payments Balled for by this.lease before the 7~" of the month. ~ A late fee of SO.flD will be charged for rent payments arriving after the ®f the month. Payments shall be Dated to the landlord at x.05 Christy Court, phoenix, 4R 9;535, or to such other person or piece as P ndl rd ma hereafter direct. Checks are to be made payable to Claycornb Charitable Remainder . la o Unitrust ~Claycamb CRUT~. ~ tion to Renew. if tenant is n®t and has Heuer been in default of any term of this (ease, tenant ~..~.1 p shall have an o Lion to renew this lease on the same terms and conditions for one additional extension P for a period of five years. [n order to exercise this renews! option, tenant must notify landlord of his intent to renew the lease no earlier than one hundred i;~fty ~150j days and no later than sixty {E0~ days prior t® expiration of the initial term hereof. any renewal option is subject t~ possible rent increases. ~,1~ Termination. Upon the termination of this lease, tenant shall deliver'up the leased premises to . landl©rd 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 terrrcinativn of this-lease, tenant shall be entitled to remove any fixtures flr items of personal property placed on the property, and owned by tenant provided, ha~rever, that tenant shall have the duty to repair any damage caused by such remove[ and provided that such removal shat[ 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. . Il. ~fADNTENANCE 2.~. i.andlord's Repairs. Landlord agrees to {i~ make repairs necessary to maintain the roof and gutters, exterior v~alls, bearing galls, structural members and foundation of the leased premises; {iii repair sidewalks and curbs and areas used in comt~on by tenant and other tenants on the property; {iiij 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 ~orrzmon area which tenant shares with ~oth~r tenants on the prope~.y. 5 ~ ~ ' ~ ~.2 ° ~ ° Tenant's Maintenance. Tenant agrees tv maintain the leased premises in good and clean condition. T anent further agrees that tenant gill maintain a pleasant and aesthetic appearance of the leased premises. Notwithsta>iding anything in paragraph 2.~ above tv the contrary, tenant shall make ail necessary repairs of any condition on the leased premises and~or the property caused by tenants deliberate or negligent act. Tenant agrees net to alter the premises without r,rst obtaining landlord's permission. Tenant agrees not to make, any modifications to existing infrastructure including walls, doors, windows, light fixtures, electrical, or plumbing. Any electrica! or plumbing repairs will be performed by licensed and bonded contractors appr®ved by landlord. Tenant specifically agrees to reimburse landlord for the cost of repairing any damage paused bynon-adherence to the above limitations. Liens and Encumbrances. Tenant shall pay urban due all claims for services rendered and . materials furnished #o tenant in connectiion with the leased premises andjor the property. Tenant shall keep the property free and clear of all liens and encumbrances of any nature. If tenan# fails to pay any sucf~ 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 ~1~0~} 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 Iandiord may haue on account of tenani s default. 'tenant may withhold payment to any person rendering such services or providing such materials in car~nection with a gflod faith dispute aver 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 thirf~r (3oj days and iftenant shall fail tc~,do so, landlord rr~ay pay the carne as above provided and collect the same from tenant. Any amount so paid by landlord shall bear interest at the rate of TEN PERCENT {1©~~ per annum from the date, expended by landlord and shall be payable upon demand. 1lf. RISK ALLt?cA?i®NS indemnification. Unless caused by landlord's negligence or breach of landlord's obligations as set forth sn paragraph 2.1 above, tenant will indemnify and noEd landlord harmless from any and all expenses ~ir~ctuding attorney's feesj, fines, damages, costs, losses, claims, suits and actiflns arising out of or in any quay connected with the lease and occupancy of the (eased premises... ~ , 30-%' ' i.gab_ iii lnsUga "~enarnt shall continuously raintain during the berm o~ phis lease, including an~► renewals, c®rnprehensive public liability ar~d property damage insurance, with a crossmliabilit~ clause endorsementp ins~rir~g landlord ar~d tenant against ail legal liability for damages to persons or property caused by the ownership, possession, maintenance, use or occupancy of the leased premises ®r by reason of the conduct of any business carried on therein, in amounts not Tess than the following limits: a. public liability $300,OOO.Cio per person $3,0O~,OQQ.00 per occurrence b. property Damage 5300,000.0® ~ac~dlord Claycom6 Charitable Remainder Unitrust shall be Warned as an additi®nal insured in such po1i of insurance and a n~emc~ copy of the policy acceptable to landlord shall be given by tenant t® .landlord which shall e~ridence tenant's campliance with the terrrts of this section and which shall ackn®wledge that any notice of cancellation shall be furnished by the insurance company to landlord not less than ten ~~0~ days prior to the effective date thereof. The insurance policylCertificate of liability should be endorsed and read as fellows: Claycornb Charitable Remainder Unitrust is anlthe additional insured. The box marked Certificate Holder should read as fall®ws fall spelled out correctly with no initials. Claycornb Charitable Remainder Unitrust Stefanie Claycomb, Trustee ~ 05 Christy Court Phoenix, E~regvn 97535 3.3 Fire and Extended C®vera~e Insurance. Each Qf the parties agrees to maintain full fre insurance with extended coverage on the properties owned by the respective parties. Specifically, tenant agrees t~ maintain c®verage to the full insurable value of his inventories, supplies, fixtures and personal property ~rhich may at any tune be located on the leased premises. Landlord agrees to maintain fire insurance with extended coverage on the property. ~ errant 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 i~Vaiver of Subro afiion.. Each of the parties hereby releases the other party, his employees and his successors of any find, from any and all liability and waives his right to recover against the ©fihee~ party, his employees and his successors of any kind, for any loss or damage to the proPerfiy resulting From fire, explosion or other- casualty errurnerated in a standard fire insurance policy with extended average, ~rrespeCtive of whether the limits thereof are sufficient to fully cover such loss or~. Damages, and each of the parties hereby ~iaives the subrogation rights of his insurance carriers providing coverage against such foss or darnage6 Each of the parties further agrees t® take any and a i steps which may be required to inform his carrier of this provision and to have endorsements, if necessary, placed an the respective .policies of insurance to carry into effect the provisions of this paragrph. ~:~5 Darnaee or Destructc'on fio Proper. In the event a portion of the properly is damaged or destroyed from any cause, and said damage or destruction exceeds FIFTY PERCENT ~50~'~~ of the then replacement value of the pr®perty then either party may Within thirty X30) days after such damage or destructson, 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 ®r destroyed fronB any cause, and said damage or destruction does not exceed FIFTY PFRCEf~T ~50~a~ of the then replacement value of fibs property, landlord shah 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 ft~rce and effect, but only ifsuch restoration carp be made under~the existing laws and can be completed within ninety ~~0} working days after the date of such damage or destruction. if said restoration cannot be made in such time, then within frteen ~~5~ days after the parties determine that such restoration cannot be made in such tune, tenant may terminate this tease 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 ~part~ may terminate this (ease immediately by giving notice t©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 (eased premises, as may be reasonably necessary to the landlord. Tenant agrees to vacate same upon Dandlord's request. i;or 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 e~Jitab[e to the parties, considering the use which tenant may be able to make of the leased premises during such period. . 3.~ condemnation. if the whole or any part ofthe property shall be condemned or taken for public or quasi-public use by an properly constitu~ed authority and the ta3cing is such as to render the leased prernFSes unsuitable for the further c®nduct of tenant's business therein, tenant shall be entitled to cancel this lease and receive fr®m Dand(ord any ~rnearned rent paid t® landlord in advance. lf, despite 1 the taking, any P®rtidn of the leased premises is still suitable for the further conduct of tenants business therein, then this lease shall continue in effect, except only that there shall be such an abatement of ~ . en Wt's rest as Ana be fair and a uitable to the arties, considering the use which tenant may be able t o y q p to make of the leased premises subsequent to such taking. T he 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. l® EFA~lIT 4.1 Default by Tenant. lr~ the event of default by tenant of any obligation tv landlord, landlord shall give notice of such default. Tenant shall then cure the default within fifteen {25j days, then landlord, . besides ether rights or remedies available to hirri, shall have the immediate right of re-entry and may remove, at the cost anal for the account of tenant, all persans and properly from the leased premises. any propet~.v 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 tape possession pursuant to legal proceedings or pursuant to any notice provided for by lair, landlord Wray either terminate this Tease 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 leased 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 othe~ise due hereunder, all costs and expenses incurred 6y landlord in connection with such re- letting, including, by way of example only, ~i~ any deficiency between the sums payable by tenant to landl©rd hereunder and sums actually paid to landlord by the person to whom the leased premises were re-letp and ~ii~ the cost of any repairs which, p~rrsuant to paragraph 2.2 of this lease, tenant was obligated tv make. 1Vo such re-entry or taking possession of the leased premises by landlord shall be construed as an electi®n on IandIord's~ part to terrriinate 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 tin7e thereafter Qlect to terminate this lease for such previous default. should landlord at any time elect to terminate this lease for any breach, in addition to any other remedies he may have,' landlord may rec©ver from tenant ail damages incurred by such breach, including the cost of recovering the leased premises. a . , . ,r~~sonable a®rney°s fee to be fixed by the court, and such recovery shah include court casts and attQrney~s fee at trial, for arbitration, and .on appeal, if any. ' S.5 Construction, whenever used herein, the singular number shah include the plural, and the plum! number shat! include the singular, and all words used in any gender shall extend to and include both genders. ~.7 A~ree~nent to Perform Necessary Acts. Each party tQ this lease agrees to perform any further nets and to execute and deliver any documents that may be reasanably canvenient or necessary to carry out the provisions of this lease. 5.~ Arnendrnents, The proviso®ns of this lease may be altered, amended or repealed, in whole ®r in part, anly an the written consent of all parties to this lease. 5.~ Successors and Assigns. All of the provisians hereof shat! be binding on, and inure fie the benefit of, the parties hereto and their respective heirs, legal representatives, successors, and assigns, subject ` to the limitation on assignment ar transfer otherwise herein contained. 5.1€! lava [idity, !f any term, covenant, condition Qr prevision 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 ~n full farce and effect and she!! in n®way be affected, impaired Qr invalidated thereby. 5,3,x, Subsumed ~3bliaation, In the evenfi that any portion of a provision or covenant contained in this lease is held s~nreasonable or unenforceable in an unappealed fins! 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 fihafi is subsumed within the terms Qf such promise or c©venant, as if it were separately stated in and made a part of this lease. 5.3.E ~aatlons, The captions of articles and paragraphs ofthis lease are for reference and convenience only and are nc~t to be construed in any way as part of finis lease to explain, modify, amplify or aid in the infierpretafiian of the lease. 5.3.3 T~Essence. Tune is ofthe essence in the performance mf each provision ©fthis lease. 5.~~ interesfi ~an ~lone~ ue, Any surn accruing to a party under the provisions of this lease which are nQt paid when due she!! bear interest at the rate of E'EN P~RC~NT ~3.O~Oj per annum fr+~m the date ` written notice speci~r~ng such non-payment is given to tie defaulting party until paid. 3~, . ep nothing contained in this lease shad be deemed or construed by the parties hereto or by a third persan to create the relationship of principa{and agent ®r of partnership ar of joint venture or of any other association. . 5.~.b Extensions. ill references to the term ofthis lease shat! include and extensions gr renewals ofthe initial term. 5p17~ Any waiver of landlord in enforcing any of the terms end conditions hereof shall not c©nstitute a waiver of landlord's right to insist upon strict compliance with such terms and conditions in the future. 5.x.8 Nom ,All notices, requests, demands, .and other communications under this lease shall lie ~a~riting and shat{ be deemed to have been duly given on the date of service if served personally on the party to whom nfltice is to be given, or an the third day after mailing if mailed to.the party to whom notice is t~ be giver, Icy first class rnaiI, registered or ce~ified, return receipt requested, postage prepaid, and properly addressed as fo{logs. To landlord: Claycornb Charitable Reminder Unitrust Stefanie Claycarnb, ~'rustee 1Q5 Christy Court . Phoenix, Oregon 9755 ~`c Tenant. pity of Ashland Police Department ' S5 East plain street Ashland, Oregan 9750 The address for such natives may be changed by native given in accordance herewith. TIDE PARTIES ~ERETf~ have executed this lease on the dates set forth below. ~'EN~~VT~S~ s V ~ s ~ 4 P'~ gy. Dates . LANDLORD ~y Da 4d ' ~ ~ ~,f'i - - ~ , 7l~lIS T~itiIANT ~ST~PP~t. C~PTl~ICAT~ is made and entered info this day ©f_ v ~ ~0~~, by ,t= ~'~f ,,~~~1~. ~ ~3 ~"Tenant In favc~~ Cfaycomb Chari~ble Rernalnder Unifiru~ j r ' ~ ~ a~~d its successors ar~d assi~r~ees ~"Pt ~ ase~'~x Tenant aclsno~rled~e~s tha# Purchaser is r~ly~i~~c~ on thlg c+~rtil'coate in purchasing ti"Ce property' co~ter~d by Tenant`s le~s~, i 1 Tenant confirms That its lease witi~ the Claycc~~ab Charltabfe lterna#ncter ~r~itrust ~Q ~ the "Lease"}, has been properly executed and delivered by Tsnan#, is vaCld and binc~inr~ ~n Tenant, ~a$ not been assl~ned or modified, and is lri full farce ~ and of fool:. The term oi' fhe .ease cornmericed ~ ~ , t'~•, is sched~alad to ex~?irP 7'~~r~~-~ ~ ~ , and #~e eurrent base re~~fi under !h~ - Lease is ~ 7~ der rr~cnfih. Tenant is in passessior~ and has accepted #hr condition of the premises d+ascribed in ~e Lease the "Premises"~~ any obli~atior~ of the ianc~lo~ #e lmprQVe the Prernlses has been fulfiCled, and BXCep~' 8S statad lr! ~h8 L~~~~, ~h~ landlord has ~o obligation tt~ repair, alt~i`, Oi' 8xpand the Premises. Tenant has not paid any rent to the land!®rd rnare than one month iri advance, and there exist rta rent cor~cessic~ns, allowances, rek~ates, or abatem$nts, r~or does Tenant have any defense ago#~st ~r offset #o the payment of rent. ~'~enant has paid a $ ~ sec~frity deposit to the lar~dio~cl, ~ , { a, Tc~ fhe best of Tenant's Ccna~rledge, there exist defa~olts under the .ease by the landlord ar T~ll~rlt, and Tertar~t 17as r~o Icnc~t~ledg~e o~ any faCtS of circumstances that, following the ~X~lratlpri ~of arty ap~licabla t~~otice or pure period, ~'oulc# cor~s#ltute a default. ~ ; Tenant leas r~o c~ntracf, right of first ~#usal, ran a~#!en to ~~r~cf~ase at~y ~f the premises, and fi rio right to extend fhe Lease term, expand or relt~cate the F''remises, or terminate the C,.ease, except for E Ar~y nooses that Purchaser gives to Tenant wilt be effective If delivered ar m~alisd to fhe acidness acl1acent #o Tenant's slgna#ure on this certiflca#e, at~d airy notices that Terianf gives to Purchaser will bedelivered or mailed to - ° This cert;flcate wlil bind and inure tc~ the bane#it effhe respective successors and asslgr~s of Ter~arif and pc~rchasec~, • Tenant's Address; ~ *~~T~NAN'T'S ~#AM~*~~ ~ , I ' ~ "-aHt ~ i E f ~l ~ ~ ~ ~ ~ ~7 ~ - - prig#ed biome: ~,3c~~ ~ t.~ r' Tl~le; ~ - j, i - V ~ CERTIFICATE OF COVE GE •Agen`` This certificate is issued as a matter of information only DIRECT and confers no rights upon the certificate holder other than (hose provided in the coverage document. This certificate does not amend, extend or alter the coverage afforded by the coverage documents listed herein. cifycounfy insurance services Named Member or Participant Companies Affording Coverage City of Ashland COMPANY A -CIS COMPANY B -National Union Fire Insurance Company of Pitts, PA 20 East Main Street COMPANY C - RSUI Indemnity Ashland, OR 97520 COMPANY D -Torus National Insurance Company ~.INES OF COVERAGE This is to certify that coverage documents listed herein have been issued to the Named Member herein for the Coverage period indicated. Not withstanding any requirement, term or condition of any contract or other document with respect to which the certificate maybe issued or may pertain, the coverage afforded by the coverage documents listed herein is subject to all the terms, conditions and exclusions of such coverage documents. T e of Covera a Company Certificate Effective yp g Letter Number Date Termination Date Coverage Limit General Liability A 16LASH 7/1/2016 7!112017 General Aggregate: $15,000,000 X Commercial General Liability Each Occurrence: $5,000,000 X Public Officials Liability X Employment Practices X Occurrence Auto Liability A 16LASH 7!112016 711/2017 General Aggregate: None X Scheduled Autos ~ Each Occurrence: $5,000,000 X Hired Autos X Non-Owned Autos Auto Physical Damage A 16APDASH 7/1/2016 7/1/2017 X Scheduled Autos X Hired Autos X Non-Owned Autos X Property A 16PASH 7/112016 7/1/2017 Per Filed Values X Boiler and Machinery A 16BASH 7/1/2016 7/112017 Per Filed Values Excess Liability ' X Excess Crime B 16ECASH 7/1/2016 7/1/2017 Per Loss: $250,000 X Excess Earthquake C 16EQASH 7/1/2016 7/1/2017 Each Occurrence: $5,000,000 X Excess Flood C 16FASH 7/1/2016 7/1/2017 Each Occurrence: $5,000,000 X Excess Cyber Liability A 16ECLASH 711/2016 7/1/2017 OccurrencelAggregate: $500,000 Workers' Compensation Description: Ron Deluca, owner and landlord of property in the Claycomb Plaza Mall, leased by the City of Ashland, and CPM Real Estate Services, as managers of leased property, are named as additional insureds as autlined in the Ashland Police Substation Lease Agreement, dated April 1, 2013, and in Lease Addendum #1. Certificate Holder: CANCELLATION; Should any of the coverage documents herein be cancelled before the expiration date thereof, CIS will provide 30 days written notice to the certificate holder named herein, but failure to mail such Ron Deluca and notice shall impose no obligation or liability of any kind upon CIS, its agents or representatives, or the issuer CPM Real Estate Services, Inc. of this certificate. 718 Black Oak Drive, Suite A Medford, OR 97504 ' g''~' ~ Date: December 28, 2016 Purchase rer Fiscal Year 2017 Page: 1 of: 1 _ E~MFJ~T-A~PEA~ ~N AI.G B City of Ashland _ - _ I - L ATTN: Accounts Payable Purchase L , 20 E. Main ~ 5 S Ashland, OR 97520 Order # T Phone: 5411552-2010 0 Email: payable@ashland.or.us V H CIO Police Department E CPM REAL ESTATE SERVICES INC I 1155 East Main Street p 718 BLACK OAK DR STE A P Ashland, OR 97520 0 MEDFORD, OR 97504 Phone: 5411482-2211 0 Fax: 5411488-5351 R :Vendor. Phan Number - Ven~Qr~ax-Ninber= ->~e r~~s~t~~ = =~f~-~~~~~=_== L nn Merrifield - _ - - - - ~~~Eo~afiQn- Date_Order~d- V~ndorNumber- ~afeul~gair~~T = ~~r-~--f_"-,~ - - - - 03128/2017 2993 FOB ASHLAND ORINET30 Cit Accounts Pa able Ifem# . - _.-=Q~s ttQnL~t~1~ - ~ - - = . _ - ~ _L~ ~ ~~~~r~1~tl~r~c Contact Station Rental 1 Updated rental contract for Contact Station 1 $2,377.8600 $2,377.86 New rent: $777.39 Rent $767.55, Insurance $2.28, Property Taxes $7.56) A ril: $45.69 ((difference) Mpa -July $777.391month x 3 = $2,332.17 Total $2,377.86 Project Account: GL SUMMARY L ~ 060900 - 604160 $2,377.86 x E , ~ , By: ~ ~ - Date: Authorized Signature - _ = - _ _ $2 377.86 CITY ~~y~~~~~~ ~ RE~~'~~TI®~ ~ ~ Date of request: ~ 03/27/2017 Re uired date far deliver ; q Y Vendor Name Rnn ~P I iirarrn (',P~-RPaI FGtatASPniir~PS, inc Address, Clty, State, Zlp 71i~ Rl~rk yak ~rivp, Merlfnrrl ~R g75~4 Contact Name & Telephone Number CPM Real Estate, Jayme Palodichuk, 541-842-2418 Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption; ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ~ ❑ AMC 2.50 Date approved by Council; ❑ Written quote or proposal attached ❑ Written uote or ro osal attached _ Attach co of council communication _ If council a royal re uired, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ .State of Oregon Date approved by Council; ❑ Direct Award -(Attach copy of council communication) Contract # ❑ VerballWritten quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Farm #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 proposalslwritten solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Ualid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost Updated Rental Contract for Contact Station (RentlServices Increase) New Rent: $777,39 (Rent $767.55, Insurance $2.28, Property Taxes $7.56) April; $45.69 (difference) May-July; $777.39 x 3 =$2332.17 $ 2377.86 Total: $2377.86 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $2377.86 Praject Number _ _ _ _ _ _ - Account Number 060966.604166 Account Number-_-°--°--_°--°_-___-__ Account Number_--°--°-_°-_°__--_-- *Expendifure must be charged fo fhe appropriafe account numbers for the financials fo accurately reflect fhe actual expenditures. IT Directar in collabQratior t~ith department to appro~ae all hard~rare and soft~are purchases: ITirecfor ~ai<e Suppof# -'lei / ~ti~o By signing this requisition form, l certify that fhe i y s pubh~ctinc~equiremenfs have been satisfied, . , ; Employee:a > ~ ~ ~ partment Head: v De ~ . (Equal to or greater than $5,000) Department Manag~rlSupervisor: ~ City Administrator: Y. (Equal to or greater than $25,000) Funds appropriated for current fiscal year: YES / N~ _ _ finance Director- (Equalio orgr2aferthan ~5,000J Dafe Comn~enfs: Form #3 -Requisition