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HomeMy WebLinkAbout1995-063 Lease - Ashland PropertyA ASHLAND PROPERTY MANAGEMENT, Inc. P.O. Box 224 Ashland, Oregon 97520 MAY 23,1 995 MR. BRIAN ALMQUIST CITY ADMINISTRATOR 27 1/2 N. MAIN ASHLAND, OR 97520 Dear Brian: Enclosed is a copy of your lease for 27 1/2 N. Main. If there are any question please feel free to call. Sincerely, Natacha M. Horne Secretary NMH:nh 581 East Main (503) 482-2713 FORM No. 812 - LEASE - BUSINESS PROPERTY. NABE COPYRIGHT 1993 STEV£NS*NESS LAW PUBLISHING CO., PORTLAND. OR 97204 SUB THIS INDENTURE OF LEASE, entered into this ....... ~..S...t4. ........................day of ....~I~.~ ............................,19..9.5.., ,etwee,, ..... .................................. ................................................................................................................................................................. hereinafter called the lessee, WITNESSETH: In consideration of the covenants herein, the lessor hereby leases unto the lessee those certain premises, as is, situated in the City of ....A..S_..H..L..A...N..D. ............................ County of ..~I~KS.O~ ....................... and State of _?~..E..G_O...N. .............................. hereinafter called the premises, described as follows: 27 1/2 N. MAIN #2, ASHLAND, OR. To Have and to Hold the premises commencing with the ..1S.h ......... day of ...J[J~F~ ..................................lP.9-5-., and ending at midnight on the .....3..1. .......... day of .....~ .......... .............................lP..9~.., for a rental of $ .....;~-[80-,~)(~ ..... for the whole term, which lessee agrees to pay, at ....P..,..O ..... B.OX...22.4...QR.._5.Sl...K....IVlAZl~..&T. ................................................ City of ....A...S..~!..L..A.!.q..D. ....................... State of .....O..g.E...G..O_.N.. .............. at the following times and in the following amounts, to-wit: RENT PAID AT THE AMOUNT OF $265.00 PER MONTH. OPTION TO RENEW AT ANNIVERSARY DATE WITH-'"A ~NCi~EASE ~0 LESS THAN 5% NOT TO EXCEED 8% OF CURRENT RENT. A SECURITY DEPOSIT IN THE AMOUNT OF $265.00 TO BE HELD BY LESSOR AND IS TO BE PAID BY LESSEE AT THE EXECUTION OF THIS LEASE. In consideration of the leasing of the premises and of the mutual agreements herein con.~ained, the parties agree as follows: LESSEE'S (1) The lessee accepts this letting and agrees to pay to the order o! the lessor the monthly rentals above stated tot the ACCEPTANCE OF LEASE full term of this lease, in advance, at the times and in the manner storesaid. use OF (2a) The lessee shall use the premises durlng the t~rm of this lease for the conduct of the following business: PREMISES ..................................._C_.!_T.~ ._O_.F._ _A_.S_..H. LA.N..P.....O_F..F_I..C._E.S.. ....................................................................................... ............................................................................................... and for no other purpose whatsoever without lessor's written consent. (2b) The lessee will not make any unlawful, improper or otfenslve use of the premises; the lessee will not sutter any strip or waste thefeet; the lessee 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; the lessee will not sell or permit to be sold any product, substance or service upon or about the premises, excepting such as lessee may be licensed by law to sell and as may be herein expressly permitted. (2c) The lessee will not allow the premises at any tlme to fall into such a state of repalr or disorder as to increase the fire hazard thereon; the lessee will not install any power machinery on the premises except under the supervision and with written consent o! the lessor; the lessee will not store gasoline or other highly combustible materials on the premises at any time; the lessee will not use the premises in such a way or for such a purpose that the fire insurance rate on the improvements on the premises is thereby increased or that would prevez~t the lessor from taking advantage of any rulings of any agency of the state in which the premises are situated, or which would allow the lessor to obtain reduced premium rates for long term fire insurance policies. (2d) The lessee shall comply at lessee's own expense with all laws and regulations of any municipal, county, state, tederal or other public authority respecting the use of the premises. These include, wi~t~out limitation, all laws, regulations and ordinances pertaining to air and water quality, Hazardous Materials as herein detined, waste ~dlsposal, air' emissions, and other environmental matters. As used herein, Hazardous Material means any hazardous or toxic substance, maierlal, or waste, including but not lim,;ted to those substances, materials, and waste listed in the U.S. Department of Transportation Hazardous Materials Table or by the U.S. ~nvironmental 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 [ederal law. (2e) The lessee shall regularly occupy and use the premises tot the conduct o[ lessee's business, and shall not abandon or vacate the premises for more than ten days without written approval of lessor. (2t) Lessee shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the premises by lessee, its agents, employees, contractors, or invltees without the prior written consent of lessor, which consent will not be unreasonably withheld so long as lessee demonstrates to lessor's reasonable satistactlon that such Hazardous Material is necessary or useful to lessee's business and will be used, kept, and stored it~ a manner that will com~y at all times with all laws regulating any such Hazardous Materlal so brought upon or used or kept on or about the premises. UTILITIES (3) The lessee shall pay for all heat, light, water, power, and other serb, ices or utilities used in the prerrdses during the term of this lease. REPAIRS AND (go) The lessor shall not be required to make any repairs, alterations, additions or improvements to or upon the prem- IMPROVEMENTS ises during the term of this lease, except only those hereinafter specilically provided tot; the lessee hereby agrees to maintain and keep the premises, including all interior and exterior wall~ and doors, heating, ventilating and cooling systems, interior wiring, plumbing and drain pipes to sewers or septic tank, in good order and!repair during the entire term of this lease, at fezsee's own cost and expense, and to replace all glass which may be broken or damaged during the term hereof in the windows arwl doors of the premises with glass ot as good or better quality as that now in use; it is further agreed that the lessee will make no alterations, additions or improvements to or upon the premises without the written consent el the lessor tirst beir~ obtained. (4b) The lessor agrees to make all necessary structural repairs to the building, including exterior walls, foundation, root, gutters and downspouts, and the abutting sidewalks. The lessor reserves and at any and all times shall have the right to alter, repair or improve the building of which the premises are a part, or to add thereto, and for that purpose at any time may erect scatfoldlng and all other necessary structures about and upon the premises and lessor and lessor's representatives, contractors and workers for that purpose may enter in or about the premises with such materials as lessor may deem necessary theretot, and lessee waives any claim to damages, including loss of business resulting thereitem. LESSOR'S (5) It shall be lawful for the lessor, the lessor's agents and representatives, at any reasonable time to enter into or upon RIGtIT OF the premises for the purpose of examirdng into the condition thereof, .or tot any other lawtul purpose. ENTRY RIGHT OF (6) The lessee will not assign, transfer, pledge, hypothecate, surrender or dispose o! this lease.. or any ~nterest herein, ASSIGNMENT sublet, or permit any other person or persons whomsoever to occupy the premises without the written consent of the lessor being first obtained in writing; this lease is personal to lessee; lessee's interests, in whole or in part, cannot be sold. assigned, transferred, .seized or ta.P. en b.v o.ne.r~tion at l~.;', .)r ~.~.:da: o: by '~"irtuo el a~y execution or legal process, attachment or pro~ ceedings instituted against the lessee, or under or by virtue of any bankruptcy or insolvency proceedings had in regard to the lessee, or in any other manner, except as above mentioned. LIENS (7) The lessee will not permit any llen o! any kind, type or description to be placed or imposed Upon the improvements in which the premises are situated, or any part thereof, or the land on which they stand. ICE. SNOW. (8) If the premises are located at street level, then at all times lessee shall keep the sidewalks in trent o! the premises DEBRIS tree and clear el ice, snow, rubbish, debris and obstrizction; and it the lessee occupies the entire building, the lessee will not permit rubbish, debris, ice or snow to accumuidte on the roof o! the building so as to stop up or obstruct gutters or downspouts or cause damage to the root, and will save harmless and protect the lessor against any injury whether to lessor or to lessor's property or to any other person or property caused by lessee's tatlure in that regard. OVERLOADING (9) The lessee will not overlpad the floors of the premises in such away as to cause any undue or serious stress or OF FLOORS strain upon the building in which the premises are located, or any part thbreof, and the les~or shall have the right, at any time, to .call. upon any competent engineer or architect whom the lessor may choose, to' decide whether or not the floors of the premises, or any part thereof, are being overloaded so as to cause any undue'or ~erious stress. or strain on the building, or any part thereof, and the decision of the engineer or architect shall be final and binding upon the lessee; and in the event that it is the opinion o! the engineer or architect that the stress or strain is such as to endanger or injure the building, or. any part thereof, then and in that event the lessee agrees immediately to relieve the stress or strain, either by reinforcing the buildln~ or by lightening the load which causes such stress or strain, in a manner satisfactory to the lessor. ADVERTISING (10) The lessee will not use the outside walls of the premises, or allow signs or devices of any kind to be attached SIGNS thereto or suspended therefrom, for advertisir~ or displaying the name or business of the lessee or for any purpose whatsoever without the written consent of the lessor; however, the lessee may make use of the windows of the premises to display lessee's name and business when the workmanship of such signs shall be of good quality and permanent nature; provided further that the lessee may not suspend or place within said windows or paint thereon any banners, signs, si~n-boards or other devices in violation of the intent and meaning of this section. LIABILITY (If) At all times during the term hereof, the lessee will, at the lessee's own expense, keep in effect and deliver to the INSURANCE lessor liability insurance policies in term, and with an insurer, satistactory to the lessor. Such policies shall insure both the lessor and the lessee against all liability tor damage to persons or property in, upon or about the ~remlses. The amount o! such insur- · 500,000 00 anco shall be not less than $ ... 500,000o 000 ....... for injury to, one person, not less than $ ......................... ~ ......................... tot injuries to all persons arising out of any single incident, and not less than $....500t.000_~.00 ...................... tot damage to property, or a combined single limit of not less than $ ..1 ~ 000~000,.00 ...... It shall be the responsibility ot lessor to purchase casualty insurance with extended coverage so as to insure any structure on the premises against damage caused by fire or the effects of fire (smoke, heat, means of extingulshment, etc.,). or any other means of loss. It shall be the responsibility of the lessee to insure all of the lossee's belongings upon the premises, o! whatsoever nature, against the same. With respect to these policies, lessee shall cause the lessor to be named as an addi- tional insured party. Lessee agrees to and shall indemnify and hold lessor harmless against any and all claims and demands arising from the negligence of the lessee, lossee's officers, agents, invltees and/or employees, as well as those arising from lossee's failure to comply with any covenant of this lease on lossee's part to be performed, and shall at lossee's own expense defend the lessor against any and all suits or actions arising out of such negligence, actual or alleged, and all appeals theretrom and shall satisfy and discharge any judgment which may be awarded against lessor in any such suit or actiota FIXTURES (12) All partitions, plumbing, electrical wiring, additions to or improvements upon the premises, whether installed by the lessor or lessee, shall be and become a part of the building in which the premises are located as soon as installed and the property o1 the lessor unless otherwise herein provided. LIC, IIT (13) This lease does not grant any rights ot access to light and air over the premises or any adjacent property. AND AIR DAMAGE BY (14) In the event of the destruction of the improvements in which the premises are located by tire or other casualty, CASUALTY, FIRE AND either party hereto may terminate this lease as of the date of /ire or casualty, provided, however, that in the event DUTY TO 15 REPAIR o/ damage to the it~provern~rlts by tlra or oilier cas~zalt.~ to the extent of ........................ per cent or more of the sound value thereof, the lessor may or may not elect to repair the same; written notice of lessor's election shall be given lessee within titteen days after the occurrence ot the damage; it notice is not so given, lessor conclusively shall be deemed to have elected not to repair; in the event lessor elects not to repair, then and in that event this lease shall terminate with the date ot the damage; but it the improvements i~ which the premises are located be but partially destroyed and the damage so occasioned shall not amount to the extent indicated above, or it greater than said extent and lessor elects to repair, as aforesaid. then the lessor shall repair the same with all convenient speed and shall have the right to take possession ot and occupy, to the exclusion of the lessee, all or any part thereof in order to make the necessary repairs, and the lessee hereby agrees to vacate upon request, all or any part thereof which the lessor may require for the purpose of making necessary repairs, and for the period of time between the day of such damage and until such repairs have been substantially completed there shall be such an abatement of rent as the nature of the injury or damage and its interference with the occupancy o! the premises by the lessee shall warrant; however, if the premises be but slightly injured and the damage so orcasinned shall not cause any material inter- ference with the occupation of the premises by lessee, then there shml be no abatement of rent and the lessor shall repair the damage with all convenient speed. WAIVER OF (15) Neither the lessor nor the lessee shall be liable to the other tor loss arising out of damage to or destruction of SUBROGATION RIGIITS the premises, or the building or improvement of w...hich the premises are a part or with which they are connected, or the contents of any thereof, when such loss is caused by any of the perils which are or could be included within or in- sured against by a standard form ot tire insurance with extended coverage, including sprinkler leakage insurance, if any. All such claims /or any and all loss, however caused, hereby are waived. Such absence of liability shall exist whether or not the damage or destruction is caused by the negligence of either lessor or lessee or by any of their respective agents, servants or employees. It is the intention and agree- ment of the lessor and the lessee that the rentals reserved by this lea~e have been fixed in contemplation that both parties shall fully provide their own insurance protection at their own expense, and that both parties shall look to their respective insurance carriers for reimbursement oi any such loss, and further, that the insurance carriers involved shall not be entitled to subrogation under any circum- stances against any party to this lense. Neither the lessor nor the lessee shall have any interest or claim in the other's insurance policy or policies, or the procads thereof, unless specifically covered therein as a joint assured· EMINENT (16) In case of the condemnation or purchase of all or any substantial part of the premises by any public or private DOMAIN corporation with the power of condemnation this lqasa may be terminated, eflectlve on the date possession is taken, by either party hereto on written notice to the other and in that case the lessee shall not be liable tot any rent alter the termination date. Lessee shall not be entitled to and hereby expressly waives any right to any part ot the condemnation award or purchase price· FOR SALE (17) During the period of . .6.0_ .............. days prior to the date above fixed for the termination o! this lease, the lessor AND FOR RENT herein may post on the premises or in the windows .~hereof signs of moderate size notifyln~ the public that the premises SIGNS are "for sale" or "for lease·" DELIVERING UP (18) At the expiration of the lease term or upon any sooner termination thereel, the lessee will quit and deliver up PREMISES ON TERMINATION the premises and all future erections or additions to or unon the same. broom-clean: to the lessor or those having lessor's estate in the premises, peaceably, quietly· and in as good order and condition, reasonable use and wear therent, damage by tire, unavoidable casualty and the elements alone excepted, as the same are now in or hereafter may be put in by the lessor· ADDITIONAL (19) ANY REFERENCE TO "LESSEE" CONTAINED HEREIN SHALL BE CONSTRUED TO COVENANTS o~ MEAN "SUBLESSEE" EXCEPTIONS ANY REFERENCE TO "LESSOR" CONTAINED HEREIN SHLL BE CONSTRUED TO MEAN "SUBLESSOR" SUBLESSEE UNDERSTANDS THAT PART OF THIS SUBLEASE, BUT TO ITS CONDITION. ANY AND AT SUBLESSEE'S EXPENSE. T~E AIR CONDITIONING UNIT IS PROVIDED AS WITH NO WARRANTIES EXPRESS OR IMPLIED AS ALL MAINTENANCE OF SAID UNIT TO BE SOLEEY ATTACIIMENT PROVIDED, ALWAYS, and these presents are upon these conditions, that ('1] it the lessee shall be in arrears in the BANKRUPT DEFAULT payment of rent for a period of ten days after the ?rome becomes due, or (2) if the lessee shall tail or neglect to perlorn or observe any of the covenants and agreements contained herein on lossee's part to be done, kept, performed and ob- served and such default shall continue for ten day~ or more alter written notice o! such tatlure or neglect shall be ~iven to lessee, or (3) if the lessee shall be declared bankrupt or insolvent according to law, or (4.) if any assignment ot lossee's property shall be made for the beneilt ot creditors, or (5) it on the expiration ot this Ipase lessee tails to surrender possession ot the premises, the lessor or those having lessor's estate in the premises, may terminate this lease and, lawfully, at lossor's option immediately or at any time therealter, without demand or notice, enter into and upon the premises and every part thereof and rapessos the same, and expel lessee and those claiming by, through and under lessee and remove lossee's etfects at lossee's expense, forcibly it necessary and store the same, all without being deemed guilty ot trespass and without prejudice to any remedy which otherwise might be used 1or arrears o! rent or preceding breach o[ covenant. Neither the termination o/ this lease by tortallure nor the taklnt~ or recovery of possession of the premises shall deprive lessor of any other action, right, or remedy against lessee tor possession, rent or damages, nor shall any omission by lessor to ertlorca any torreflute, right or remedy to which lessor may be entitled be deemed a waiver by lesso? of the right to enforce the parlornonce o! all terms and conditlon~ el this lease by lessee. In the event o! any re-entry by lessor, lessor may lease or re/el the premises in whole or in part to any tarrant or tenants who may be satlstactory to lessor, lot any duration, and for the best rent, terms and conditions as lessor may reasonably obtain. Lessor shall apply the rent received from any such tenant first to the cost of retaking e~d relettlng the premises, including remodeling required to obtain any such tenant, and then to any arrears ot rent and future rent payable under this /ease and any other damages to which lessor may be entitled hereunder. Any property which lessee leaves on the premises alter abandonment or expiration ot the lease, or lot more than ten days alter any termination of the lease by landlord, shall be deemed to have been abandoned, and lessor may remove and sell the property at public or private sale as lessor sees tlt, without being liable for any prosecution therefor or for damages by reason thereof, and the net proceeds of any such sale shall be applied toward the expenses of landlord and rent as aforesaid, and the balance of such amounts, it any, shall be held for and paid to the lessee. HOLDING In the event the lessee for any reason shall hold over alter the expiration of this lease, such holding over shall not be OVER deemed to operate as a renewal or extension ot this lease, but shall only create a tenancy at sutteranco which rJaay be terminated at will at any time by the lessor. ATTORNEY- In case suit or action is instituted to enforce compliance with any of the terms, covenants or conditions of this lease, FEES AND COURT COSTS or to collect the rental which may become due hereunder, or any portion thereof, the 1osir~ party agrees to pay the pre- vailing party's reasonable attorney tees incurred throughout such proceeding, including at trial, on appeal, and lot post- judgment collection· The lessee agrees to pay and discharge all lessor's costs and expenses, includir~ lessor's reasonable attorney's tees that shall arise Iron entorclng any provision or coven.~nts ot this /ease even though no suit or action is instituted. Should the lessee be or become the debtor in any ban~rruptcy proceeding, voluntarily, involuntarily or otherwise, either durint~ the period this lease is in effect or while there exists any outstanding obligation of the lessee created by this lease in favor ot the lessor, the lessee agrees to pay the lessor's reasonable attorney tees and costs which the lessor may incur as the result of lessor's participation in such bankruptcy proceedings. It is understood and agreed by both parties that applicable federal bankruptcy law or rules ot procedure may affect, alter, reduce or nullify the attorney tee and cost awards mentioned in the preceding sentence. WAIVER Any waiver by the lessor of any breach of any covenant herein contained to be kept and performed by the lessee shall not be deemed or considered as a continuing waiver, and shall not operate to bar or prevent the lessor from declaring a torfelture for any succeeding breach, either of the same condition or covenant or otherwise. NOTICES Any notice required by the terms of this lease to be given by one party hereto to the other or desired so to be given, shall be sufficient if in writing, contained in a sealed envelope, and sent first class mail, with postage tully prepaid, and if i~tended for the lessor herein, then if addressed to the lessor at-P--~-0-~----]~0~---2~4---0R ........................................................................................ ---58-1 E~ --MAIN-- ST-,----ASHLAND~---:OR--9-7-520 ................................................... and it intended for the lessee, then it addressed to the lessee at ... 20 E, MAIN --ST-~---ASHLAND ~ -0R---97520 .............. :'( ............................: ............................................................................,4ny suoh notice shall be deemed conclus~vel to have been dehvered to the ea 4ressee fort et ht hours after the de ost h · ' Y . ~ y- 'g p 't t ereof in the U.S. Mail. tlEIRS AND, Aft rights, remedies and liabiilries herein given to or imposed upon either of the parties hereto shall extend to, inure ASSIGNS to the baneIll ot and bind, as the circumstances may require, the heirs, successors, personal representatives and so far as this lease is assignable by the terms hereof, to the assigns of such parties. In construing this lease, it is understood that the lessor or the lessee may be more than one person; that it the context so requires, the singular pronoun shall be taken to mean and include the plural, and that generally all grammatical changes shall be made, assumed and implied to make the provisions hereof apply equally to corporations and to individuals. IN WITNESS WHEREOF, the parties have executed this lease on the day and year first hereinabove written, anyc~p:rati°ns:~ature'beingbyauth°rity°£itsB°ard°i~iret~~]~j,~~ ~ ~ /':""~---f~-°~-['i'~-"-"-~-:i'"'~"~': ......... ¢ Ag~LLAND PROPERTY- ~V[KNAGEMENT, INC. CITY OF ASHLAN [~..~.i~.... '.~..._.~.~.....~ ................................ -BY-:---~RIAN..L .... AL~QUI f>T-, ...............................................B Y- :--. KAT-~t gRI b~ -. ~ ,, ..-ABBF,-2Vf ............................................. CITY ADSINIS_T._~ ..................................................................................................... The publisher strongly recommends that both the lessor and the lessee become familiar with the Americans with Disabilities Act of 199D, Public Laws 101-336. The Act may impose certain duties and responsibilities upon either or both parties to this lease. These duties and responsibilities may include but not be limited to the ¢emoval of certain archllectural barriers and ensuring that disabled persons are not denied the opporlunily to benefit from Ihe same goods and services as those available to persons wilhout disabili- lies. Under the Act, prohibition against discrimination applies to any person who is the owner, operator, lessor, or lessee of a place of public accommodation.