HomeMy WebLinkAbout1985-038 Lease - WongFORM No. 812--LEASE--.-BLISINESS PROPERTY.
TS
THIS INDENTURE OF LEASE, made axed entered into ti~s .... ~.~. .............. day of ...J_u~. ....................... ,
19.-..-8-~.., by and between ....T.- .~...G...~.~..N.0.~f~_~.dL~IqARO~..HOHG,...I~us~uxL.~-~&..w&£~ .......................................
herelnalter called the lessor, and ............... ~C~I~T~Y~F~.~S~L--A~D~M~u~n~i~q~a~-~Q~Q~P~x~a£~ .....................................
....................................................................................................................................................... , herelnatter called the lessee,
WITNESSETH: In consideration of the co~,enants, a~reements ea~d stipulations herein contained on the part
of the lessee to be paid, kept and faitl~ully performed, the lessor does hereby lease, deu~se and let unto the said
lessee those certa~p~O~ses, az is, situated in the City ot ....... .A..S_~..~_.._D ...................... , County ol ...~..A..C_~..S..O_~ .........
and State ot .......................................... , known and decr~bed as tollows:
Upstairs office space, Rooms #3, #4, #5 and #6 at
27½ N. Main Street, Ashland
To Have and to Hold the said described premises unto the said lessee for a period of time commencint~ with
the....1..s..~_..day of ......... J.~t~V. ................. , 19...~_5..., and endin~ at midnight on the....-%O~;~day of ...,.~u~e .......................... ,
19_8.7...., at and for a rental of ~ ..... .~.~.3..0.0 ................ Jot the whole of the said term payable in lawful money of the
Urgted States at ...1.]..42...t~a.~:k..S.t.re.e/:. .................................................................... City of ...Aab ] ~rut ........................... .,
State of ......... ..O.-r..e-.~9.-n* .................................. , at the followinl~ times and in the followin~ amounts, to*wit:
The sum of $650.00 upon the execution of this lease and
the sum of $325.00 commencing on the 1st day of July, 1985
and continuing on the 1st day of each month thereafter through
June 30, 1987, until the full sum of $15,600 shall have been
paid for the lease term.
In consideration of the leasing of said premises and of the mutual al~resments herein contained, each party
hereto does hereby expressly covenant and al~ree to and with the other, as follows:
LESSEE'S (1) The lessee accepts said letting and agrees to pay to the order of the lessor the rentals above stated for the full term
ACCEPTANCE
OF LEASE of this lease, in advance, at the times and in the manner aforesaid.
PRE~ISEsUSE OF (2a) The lessee shall use said demised premises during the term of this lease for the conduct of the following business:
........................................................................................................................................................................................................................................................
........................................................................... and for no other purpose whatsoever without lessor's written consent.
(2b) The lessee will not make any unlawful, improper or oftenslve use of said premises; he will not suffer any strip or waste
thereof; he will not permit any objectionable noise or odor to escape or to be emitted from said prerrdses or do anything or permit
anything to be done upon or about said premises in any way tending to create a nuisance; he will not sell or permit to be sold any
epirltous, vinous or malt liquors on said premises, excepting such as lessee may be licensed by law to sell and as may be herein ex-
presdy permitted.
¢2c) The lessee will not allow the leased premises at any time to fall into such a state of repair or disorder as to increase the
flre hazard thereon; he shall not install any power machinery on said premises except under the supervision and with written consent
of the le~sor; he shall not store 8asollne or other highly combustible materials on said premises at any time; he will not use said pram-
lees in such a way or for such a purpose that the fire insurance rate on the buildln8 in which said premises are located is thereby
creased or that would prevent the lessor from takin8 advantage of any rulings of the Insurance Rating Bureau of the state in which
sedd leased premises are situated or its successors, which would allow the lessor to obtain reduced premium rates for long term fire
insurance policies.
(2d) Lessee shall comply at lessee's own expense with all laws and reEulations of any municipal, county, state, federal or other
public authority respecting the use of said leased premises.
UTILITIES (3) The lessee shall pay for ali heat, light, water, power, and other services or utilities used in the above demised
premises durln~ the term of this/ease.
REPAIRS AND (4a) The lessor shall not be required to make any repairs, alterations, additions or improvements to or upon said pram-
IMPROVEMENTS lees durln8 the term of this lease, except only those hereinafter specifically provided for; the lessee hereby agrees to
maintain and keep said leased premises including all interior and exterior doors, heating, ventilating and cooling systems, interior wiring,
plumblnt~ and drain pipes to sewers or septic tank, in good order and repair during the entire term of this lease at lessee's own cost and
expense, and to replace all glass which may be broken or damaged durin~ the term hereof in the windows and doors o! said premises with
glass of as good or better quality as that now in use; lessee further a~rees that he will make no alterations, additions or improvements
to or upon said premises without the written consent of the lessor first being obtained.
(4b) The lessor agrees to maintain in good order and repair during the term of this lease the exterior wails, roof, Eutters, down-
spouts and foundations of the building in which the demised premises are situated and tbs sidewalks thereabouts .......................................
.........................................................................................................................................................................................................................................................
................................................................. It is understood and agreed that the lessor reserves and at any and all times shall have the right
to alter, repair or improve the building of which said demised premises are a part, or to add thereto and for that purpose at any time
may erect scaffolding and all other necessary structures and upon the demised premises and lessor and lessor's representatives, con-
tractors and workmen far that purpose may enter in or about the said demised premises with such materials as lessor may deem neces-
sary therefor, and lessee waives any claim to damages, including loss of business resulting therefrom.
LESSOR'S (5) It shall be lawful for the lessor, his a~ents and representatives, at any reasonable time to enter into or upon said
RIGHT OF
ENTRY demised premises for tho purpose of examining into tho condition thereof, or an), other lawful purpose.
RIGHT OF (6) The lessee will not assign, transfer, pledge, hypothecate, surrender or dispose o! th]s lease, or any interest here]n,
ASSIGNMENT
or permit any other person or persons whomsoever to occupy tho demised premises without the written consent of
the lessor being first obtained in wrltin~; th~s lease is personal to said lessee; ]essee's interests, in whole or in part,
cannot be sold, assigned, transferred, seized or taken by operation at law, or under or by virtue of any execution or legal process, attach-
n~ent or proceedings instituted against the lessee, or under or by virtue of anF bankruptcy or insolvency proceedings had in re~ard to
the lease, or in any other manner, except as above mentioned.
LIENS (7) The lessee will not permit any lien of any kind, type or description to be placed or imposed upon the building
in which said leased premises are situated, or any part thereof, or the real estate on which it stands.
DEBRIsICE' SNOW. ($) If the premises herein leased are located at street level, then at all times lessee shall keep the sidewalks in front
of the demised premises free and clear of ice, snow, rubbish, debris and obstruction; and if the lessee occupies the
entire building, he will not permit rubbish, debris, ice or snow to accumulate on the roof of said bu]ldlng so as to stop
up or obstruct gutters or downspouts or cause damage fo said roof, and wiil save harmless and protect the lessor a~ainst any injury
whether to lessor or to lessor's property or to any other person or property caused by his failure in that regard.
OVERLOADINGoF FLOORS (9) The lessee will not overload the floors of said premises in such a way as to cause any undue or serious stress
or strain upon the buildln~ in which said demised premises are located, or any part thereof, and tho lessor mhall 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 said premises, or any part thereof, are being overloaded so as to cause any undue or serious stress or strain
on said building, or any part thereof, and the decision of said engineer or architect shall be final and binding upon the lessee; and in
the event that the engineer or architect so called upon shall decide that in his oplnJon the stress or strain is such as to endanger or
injure said building, or any part thereof, then and in that event tho lessee agrees immediately to relieve said stress or strain either by
reinforcing the building or by lightening tho load which causes such stress or strain in a manner satisfactory to the lessor.
SIGNsADVERTISING (10) The lessee will not use the outside walls of said premises, or allow signs or devices of any kind to be attached
thereto or suspended therefrom, for advertising 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 said
leased premises to display lessee's name and business when tho workmanship of such signs shall be of good quality and permanent
nature; provided further that the lessee may not suspend or place wlthln 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 (11) The lessee further agrees at all times during the term hereof, at his own expense, to maintain, keep in effect,
INSURANCE furnish and deliver to the lessor llabillty insurance policies in form and with an insurer satisfactory to the lessor,
insuring both the lessor and the lessee adainst all liability for damages to person or property in or about said leased premises; the amount
of said liability insurance shall not be less than $ .................................................... for injury to one person, $ .................................................... for
injuries ari~ng out o! any one accident and not less than $ .................................... for property damage. Lessee agrees to and shall indemnify
and hold lessor harmless against any and all claims and demands arising from the negllgence of the lessee, bls olflcers, agents, invltees
and/or employees, as well as those arising from Iessee's failure to comply with any covenant of thls lease on his part to be performed,
and shall at his own expense defend the lessor against any and all suits or actions arising out of such negligence, actual or alleged,
and all appeals therefrom and shall satisfy and discharge any judgment which may be awarded against lessor in any such suit or action.
FIXTURES (12) ~411 partitions, plumbing, electrical wiring, additions to or improvements upon said leased prerr~ses, whether in-
stalled by the lessor or lessee, shall be and become a part of the bul]ding as soon as installed and the property of the lessor unless other-
wlse herein provided.
LIGHT (13) This lease does not grant any rights of access to light and air over the property.
AND AIR
DAMAGE BY (14) In the event of the destruction of the building in which said leased premises are located by fire or other
CASUALTY,
FIRE AND casualty, either party hereto may terminate this lease as of the date of sam fire or casualty, provided, however, that
DUTY TO
REPAIR in tho event of damage to said building by fire or other casualty to the extent of ........................ per cent or more of the
sound value o! said building, the lessor may or may not elect to repair said building; written notice of lessor's said election shall be
given lessee within fifteen days after the occurrence of said damage; if said notice is not so given, lessor conclusively shall be deemed
to have elected not to repair; in the event lessor elects not to repair said building, then and in that event this lease shall terminate
with the date of said damage; but if the building in which said leased premises are located be but partially destroyed and the damage
so occasioned shall not amount to the extent indicated above, or if greater than said extent and lessor elects to repair, as aforesaid,
then the lessor shall repair said building with all convenient speed and shall have the right to take possession of and occupy, to the
exclusion of the lessee, all or any part of said building in order to make the necessary repairs, and the lessee hereby agrees to vacate
upon request, all or any part of said buildin~ which the lessor may require for the purpose of making nacessaO, 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 o! the injury or damage and its interference with the occupancy of said leased premises by said lessee
shall warrant; however, if the premises be but slightly injured and the damage so occasioned shall not cause any material interference
with the occupation of the premises by sam lessee, then there shall be no abatement of rent and the lessor shah repair said damage
wlth all convenient speed.
WAIVER OF (15) Neither the lessor nor the lessee shall be liable to the other for loss arising out of damage to or destruction of
SUBROGATION the leased premises, or the buildln~ or improvement of which the leased premises are a part or with which they are
RIGHTS
connected, or the contents of any thereof, when such loss is caused by any et the perils which are or could be in-
cluded within or insured against by a standard form of fire insurance with extended coverage, including sprinkler leakage insurance, if
any. All such claims for any and all loss, however caused, hereby are waived. Said 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 agreement of the lessor and the lessee that the rentals reserved by this lease have been fixed h~ contemplation
that each party shall fully provide his own insurance protection at his own expense, and that each party shall look to his respective
insurance carriers for reimbursement of any such loss, and further, that the insurance carriers involved shah not be entitled to subro-
gation under any circumstances against any party to this lease. Neither the lessor nor the lessee shall have any interest or claim in the
other's insurance policy or policies, or the proceeds thereof, unless specifically covered therein as a joint assured.
EMINENT (16) In case of the condemnation or appropriation of all or any substantial part of the said demised premises by any
DOMAIN public or private corporation under the laws of eminent domain, this lease may be terminated at the option of either
party hereto on twenty days written notice to the other and in that case the lessee shall not be liable for any rent after the date of
lessee's removal from the premises.
FOR SALE (17) During the period of .............................. days prior to the date above fixed tot the termination o! said lease, the
AND lessor herein may post on said premises or in the windows thereof signs of moderate size notifying the publlo that
FOR RENT
SIGNS the premises are "for sale" or "for rent" or "tot /ease."
DELIVERING UP (18) At the expiration of said term or upon any sooner termination thereof, the lessee will quit and deliver up said
PREMISES ON leased premises and all future erections or additions to or upon the same, broom-clean, to the lessor or those having
TERMINATION
lessor's estate in the premises, peaceably, quietly, and in as good order and condition, reasonable use and wear there-
of, damage by fire, unavoidable casualty and the elements alone excepted, as the same are now in or hereafter may be put in by the
lessor.
ADDITIONAL (19)
COVENANTS
OR
EXCEPTIONS
ATTACtIM~qT PROVIDED, ALWAYS, and the~e presets are upon this condition, that if the le~e ~all be iff ~re~8 in the payment
BAN~UPT
form or obese any of the ~venants and a~reement8 ~fltained herein off les~e's part to ~ do~, kept,
and observed ~nd ~ch default shMI ~ntinue tot fen days or more after written noti~ of ~ch fMlure or ne~le~ shMl
~ ~iven to le~e, or ii said le~ ~all ~ debated b~rupt or insolvent a~ordi~ to law, or ii an~ a~ent of le~'s pro~r~
~1 ~ ~de for the ~nefit of creditors, or it on the expiration of this lea~ Ieee fails to surrender p~ion et said lea~
then ~nd in either of sald ~se~ or events, the l~or or th~ ha~i~ leper's estate in the premiss, law~lly, at ~s or their option, im-
~dlatel~ or at any time thereafter, wlth~t dem~d or hotly, ma~ enter into a~ u~n ~id de~d pre~s ~d eve~ p~t ther~l
~d rep~ the ~me as of lear's former estate, a~ ex~l sald le~ ~ th~ clai~n~ b~, t~h a~ u~er le~ ~ remove
le~'s ett~ at le~'s ex~nse, tor~bly if ne~ary and store the ~, ~11 without ~in~ d~m~ ~uil~ et ttespa~ ~ wlthmt pre~-
di~ to ~ remedy w~ othe~im ~ht ~ u~ lot ~re~s et ~ent o~ precedln~ br~ et ~ve~nt.
HOLD~G In the event the !~ to~ ~ ~e~mu ~1 hold over atte~ ~he expi~atlon of tMs lea~, ~ holdln~ over ~ll
OVeR ~ d~med to o~rate ~s ~ fenwal or exten~on of thls lea~, ~t ~1 o~ ~eate a te~ trom mo~th ~o
w~ ~ ~ termlnated at will at any tim by the le~ot.
A~OEN~ In ca~ ~i~ or ~ctlon is insti~ted to e~ot~ ~mpIian~ wlth ~y of the terms, ~ven~ts or ~ndltlo~ et t~s lea~,
FEE8 AND
CO~T COSTS or fo ~llec~ the renf~ which ~F ~ due hereunder, or any por~ofl fhereo~, ~e l~in~ p~fy a~rees fo pay
sum a~ ~he trial court may ad~d~e reachable as a~forney's foes fo ~ all~ the prev~lifl~ p~ in ~ch ~if or
ac~on and in ~ event ~ ap~M i~ ~a~en ~rom any ~d~men~ or decr~ ~n ~ch ~ or ac~on, ~ho lo~i~
a~r~ ~o ~ ~ch ~rfhar sum a~ the ap~lla~e ~urt ~hall ad~d~e reason~le a~ prevailln~ p~'~ attorney's ~ees on ~ch ap~. The
ieee ~dre~ to pay and d~schar~e all le~or'~ ~st~ and ex~n~s, includin~ le~or'~ rea~ble atfor~y'~ ~ e~t ~all ~i~ ~rom
torcln~ ~ provision or ~ve~nt~ of f~s lea~ even ~h no ~it or actlon i~
WAI~ Any walver by the le~or of an~ brea~ o~ any ~ven~t hereln confai~ ~o ~ ~epf ~d ~r~or~d b~ the le~ ~!
no~ ~ deemed or ~nslder~ as a ~nti~ln~ w~ver, ~d ~1 nee o~rate ~o ~r or prevent the le~r ~rom
~ forfeiture ~or any ~edln~ broach, either o~ the ~me ~ndi~ion or covenan~ or
NOTIC~ Any noti~ r~lred by ~he te~ o~ e~ lea~ fo ~ ~en by o~ ~ hereto eo the other or deslr~ so ~o ~
s~ll ~ ~t~iclenf it in ~l~n~ ~nfal~ ina ~M~ envelop, de~t~ in the U. S. Re~lsteted Maii~ with
~11~ prep~d, ~nd ~t inte~ed ~or ~he le~or hereln then ~ addre~d ~o s~d le~or ae ~o
Street, ........................................... , .............................................................. and i~ inte~ed ~or ~he les~e, fhen ~ addre~d ~o the 1~ at ~o.
~lu~vel7 to have ~n delivered to the addre~ ther~ ~or~-ei~ht h~rs agter the de~t ther~ iff ~d U. S. Re~lstar~
HE~S A~ All rights, remed~e~ and llabillti~ herein ~iven to or impend u~fl either et the parties hereto ~I extend to,
ASSIGNS
to the ~fletlt et and bind, as the cir~m8tafl~s may re,ire, the heir~, exe~tors, ad~strators, ~rs ~d,
t~ a8 t~f 1~ is assignable by the term hereot, fo the as~dfls et ~ch parties.
Iff ~ind this lease, it is understood that the le~r or the l~ee may ~ more th~ o~ ~rsofl; that it the context so r~ireo,
the sifldul~ pronoun shall be taken to mean ~d include t~ plutO, the ma~l[fle, the te~ a~ the ~uter, and t~t ~rMly
~ra~ti~l ~afldes ~ali ~ made, as~med ~d implied to ~ke the provisions har~t ~pply ~ually to ~rporaiiofls ~d to iMi-
vlduMs.
IN WITNESS WHEREOF, the respective parties have executed t~s instrument in duplicate on t~s,
daf end year first herein~bove written, any ~rporation signature beln~ by autho~ty of its Board of Directors.
L. Gordon Medaris, Mayor
Nan E. Franklin, City Recorder