HomeMy WebLinkAbout1997-101 Lease - Ash Property Mgt
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ATTACHMENT
BANKRUPT
DEFAULT
PROVIDED, AL WAYS, and these presents are upon these conditions, that (1) if the lessee shall be in arrears in the
payment of rent for a period of ten days aiter the same becomes due, or (2) if the lessee shall fail or nelJlect to perform
or observe any of the covenants and alJreements contained herein on lessee's part to be done, kept, performed and ob-
served and such default shall continue for ten days or more aiter written notice of such failure or nelJlect shall be lJiven
to lessee, or (3) if the lessee shall be declared bankrupt or insolvent accordinlJ to law, or (4) if any assilJnment of lessee's property shall be
made for the benefit of creditors, or (5) if on the expiration of this lease lessee fails to surrender possession of the premises, the lessor or
those having lessor's estate in the premises, may terminate this lease and, lawfully, at lessor's option immediately or at any time thereaiter,
without demand or notice, enter into and upon the premises and every part thereof and repasses the same, and expel lessee and those
claiming by, through and under lessee and remove lessee's effects at lessee's expense, forcibly if necessary and store the same, all without
beinlJ deemed lJuilty of trespass and without prejudice to any remedy which otherwise milJht be used for arrears of rent or precedinlJ
breach of covenant.
Neither the termination of this lease by forfeiture nor the takinlJ or recovery of possession of the premises shall deprive lessor of
any other action, rilJht, or remedy alJainst lessee for possession, rent or damalJes, nor shall any omission by lessor to enforce any forfeiture,
right or remedy to which lessor may be entitled be deemed a waiver by lessor of the rilJht to enforce the performance of all terms and
conditions of this lease by lessee.
In the event of any re-entry by lessor, lessor may lease or relet the premises in whole or in part to any tenant or tenants who may
be satisfactory to lessor, for 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 retakinlJ and relettinlJ the premises, includinlJ remodelinlJ required to obtain any
such tenant, and then to any arrears of rent and future rent payable under this lease and any other damalJes to which lessor may be entitled
hereunder.
Any property which lessee leaves on the premises aiter abandonment or expiration of the lease, or for more than ten days after 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 fit, without being liable for any prosecution therefor or for damalJes 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, if any, shall be
held for and paid to the lessee.
HOLDING In the event the lessee for any reason shall hold over after the. expiration of this lease, such holdinlJ over shall not be
OVER deemed to operate as a renewal or extension of this lease, but shall only create a tenancy at sufferance which may
be terminated at will at any time by the lessor.
ATTORNEY
FEES AND
COURT COSTS
In case suit or action is instituted to enforce compliance with any of the terms, covenants or conditions of this lease,
or to collect the rental which may become due hereunder, or any portion thereof, the 10sinIJ party alJrees to pay the pre-
vailing party's reasonable attorney fees incurred throulJhout such proceedinlJ, includinlJ at trial, on appeal, and for post-
judlJment collection. The lessee alJrees to pay and discharlJe all lessor's costs and expenses, includinIJ lessor's reasonable
attorney's fees that shall arise from enforcinlJ any provision or covenants of this lease even thoulJh no suit or action is instituted.
Should the lessee be or become the debtor in any bankruptcy proceeding, voluntarily, involuntarily or otherwise, either durinIJ the
period this lease is in effect or while there exists any outstandinlJ oblilJation of the lessee created by this lease in favor of the lessor, the
lessee alJrees to pay the lessor's reasonable attorney fees and costs which the lessor may incur as the result of lessor's participation in
such bankruptcy proceedings. It is understood and alJreed by both parties that applicable federal bankruptcy law or rules of procedure
may affect, alter, reduce or nullify the attorney fee 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 continuinlJ waiver, and shall not operate to bar or prevent the lessor from dec1arinlJ
a forfeiture for any succeedinlJ breach, either of the same condition or covenant or otherwise.
NOTICES Any notice required by the terms of this lease to be lJiven by one party hereto to the other or desired so to be lJiven,
shall be sufficient if in writing, contained in a sealed envelope, and sent first class mail, with postage fully prepaid, and
if intended for the lessor herein, then if addressed to the lessor at unp.rO..m.BOX-n224norS81u-E.___Mainmnhmnu.m....m.m.mn___.h...n
..ASHLAND.;unORh97520mmmnnnnn.n. uuu u and if intended for the lessee, then if addressed to the
lessee atu2QuE.u.Main-..St.uhn.A&hlanduu.OR.h97-520.mn___.h.hhnmnnn nu nhnnnn unnnm.. Un.hn.nn. Any such
notice shall be deemed conclusively to have been deliJered to the addressee forty-eight hours after the deposit thereof in the U.S. Mail.
HEIRS AND
ASSIGNS
All rights, remedies and liabilities herein given to or imposed upon either of the parties hereto shall extend to, inure
to the benefit of 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 construinlJ this lease, it is understood that the lessor or the lessee may be more than one person; that if the context so requires,
the sinlJular 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,
any~~~:~3:~e~~~~~h~:tY01,t'BO~d O~~~~.~~:~-".....
Brian L. mquist Katherine A. Abbett
......... n.......... u..... Ci t-Y.. Ad.! : J).i . t.:[g.t Q J'.. n.. n.. n.. n.. m. m.._.. _ .......... __....... _.. u.................. u...... u.. __. _ __........ _.m.... _ __ __.... .............
.......__.hhhm.mu.um..n..__.... ...../:..
The publisher strongly recommends that both the lessor and the lessee become familiar with the Americans with Disabilities Act of
1990, 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 removal of certain architectural barriers and ensuring that disabled
persons are not denied the opportunity to benefit from the same goods and services as those available to persons without disabili-
ties. Under the Act, prohibition against discrimination applies to any person who is the owner, operator, lessor, or lessee of a place
of public accommodation.
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THIS INDENTURE OF rJflsE, entered into this ..............1.........._........... day of ......OGT.O.BER................, 199.X..,
between .....___....m..A.shlaILd....P..r:.ap.e.r.t.;v. ..M.anage.me.n.t. .....I.n.c:.... ..'sJlhle.s.s.Q.!:. ...... .... ..00....00......... .................. ...00..,
NABE
.. ...- ------------- --.- .... .......----------.-.-.--.. ~. ..-..- ._-.. ...- ._--\._...--_.........~.................-...........................- .....-..-- .--........._------ -- ---- -- ---- -- ----------------- -....._-...... -.--.....- -----
- - - -- - - --. - -... .... - - -..... - - - - ~.. - - - - - - - -... ~..- -. - - -- - - - -.-... ~ - - - -- - - -........- -. - _..- -- - - -- -- -...-....... -- - -. .......... ....... .... ............................ ~ - - - -.- - - -...- -........ - - -...... - - -...... - - -- - - - - - - - - ~ -..... - -..-... -... .......,
hereinafter called the lessor, and ...Cit.;Vn..o.L.A.shlaIld. ~n..s.llb.l.e.s.s.e.e......... ..... ....... .................. ...... ....___nm. ........ ...........
.--.........-..............-...-.. ..................-------------- ----- ----------------.------- -----..--------------- -- -.--.............. ...................-. ..,...._----~. ...-... ... ...- --- --- -.- -- -- ..-... ........----- ------...._- ~........_...
. -..- ........--..........._. --.- -. ..... ... .-..... ..--..-- -..-.-- ----- --- -----...--- -....-- -------.....--------------- - ----.- ---....-........-..- -....... .-....-- -.- -- ....- -------..-----..-. -. ..... .........-.-.- ._~......_----- --..--.......- ......
.... m.................................................................................................................. .............. ....00... ___ 00..00 00.....' here inaf ter called the I esse e,
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.shla.n.d......................., County of ...Jac.ks.o.n.................... and State
of ___.___O'r.e.g'O'll___.______............, hereinafter called the premises, described as follows:
27 1/2 n. Main #1 & #2 suites
NOiEmbe. r-
To Have and to Hold the premises commencing with the .........1....... day of ......9._.L._L.........___..___.___......., 1997..,
and ending at midnight on the ....J.l.s..t... day of .....D.e.c:.e.mb.e.rn..................., 199.8m, for a rental of $.1.0.5.0....0.0.........
for the whole term, which lessee agrees to pay, at ..p....O'+....B.o...x...224---.o.r.___5.8.1....E.r...Mai.n.mS.t.r....m.....m___..___.........,
City of ......A.s.hlan.d.................., State of ---Dr.e.g.o.n.........m, at the following times and in the following amounts, to-wit:
RENT PAID AT THE AMOUNT OF $470.00 PER MONTH.
A late
by the
fee of 10%
10th of the
to be assessed if the
month for which it is
rent is not paid
due.
Option to
not less
renew at anniversary date with
than 5% and not to exceed 8% of
an increase of
current rent.
In consideration of the leasing of the premises and of the mutual agreements herein contained, the parties
agree as follows:
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.m.__un__.u.__u "'_________ and for no other purpose whatsoever without lessor's written consent.
(2b) The lessee will not make any unlawful, improper or offensive use of the premises; the lessee will not suffer any strip or waste
thereof; 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 dell and as may be herein
expressly permitted.
(2c) The lessee will not allow the premises at any time to fall into such a state of repair 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 of 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
prevent 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, 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, includinlJ but not limited to those substances,
materials, and waste listed in the U.S. Department of Transportation 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 relJulated under any applicable local, state, or federal law.
(2e) The lessee shall regularly occupy and use the premises for the conduct of lessee's business, and shall not abandon or vacate the
premises for more than ten days without written approval of lessor.
(2f) 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 invitees without the prior written consent of lessor, which consent will not be unreasonably
withheld so long as lessee demonstrates to lessor's reasonable satisfaction that such Hazardous Material is necessary or useful to lessee's
business and will be used, kept, and stored in a manner that wilJ comply at all times with all laws relJulatinIJ any such Hazardous Material
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 services or utilities used in the premises during the
term of this lease.
REPAIRS AND (4a) 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 specifically provided for; the lessee hereby alJrees to
maintain and keep the premises, including all interior and exterior walls and doors, heatinlJ, ventilatinlJ and coolinlJ systems, interior wiring,
plumbinlJ and drain pipes to sewers or septic tank, in lJood 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 during the term hereof in the windows and doors of the premises with
glass of as lJood 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 of the lessor first being obtained.
(4b) The lessor alJrees to make all necessary structural repairs to the buildinIJ, includitlJ1 exterior walls, foundation, roof, lJutters 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 scaffoldinlJ 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 therefor, and lessee waives any claim to damalJes, includinlJloss of
business resulting therefrom.
LESSEE'S
ACCEPTANCE
OF LEASE
USE OF
PREMISES
~------------~----- -
LIABILITY (11) 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 form, and with an insurer, satisfactory to the lessor. Such policies shall insure both
the lessor and the lessee alJainst all liability for damage to persons or property in, upon, or about the premises. The amount of such insur-
ance shall be not less than $0 5.00100.00 for injury to one person, not less than $__500,.000.00 u__ for injuries
to all persons arising out of any single incident, and not less than $__u 5,000..00 for damage to property, or a combined
sinlJle limit of not less than $1,000, OOO.OOh__UhUU"'. It shall be the responsibility of lessor to purchase casualty insurance with
extended coveralJe so as to insure any structure on the premises against damage caused by fire or the effects of fire (smoke, heat, means
of extinguishment, etc.), or any other means of loss. It shall be the responsibility of the lessee to insure all of the lessee's belonlJings upon
the premises, of whatsoever nature, alJainst the same. With respect to these policies, lessee shall cause the lessor to be named as an addi-
tional insured party. Lessee alJrees to and shall indemnify and hold lessor harmless against any and all claims and demands arisinIJ from
the negligence of the lessee lessee's officers, alJents, invitees and/or employees, as well as those arising from lessee's failure to comply
with any covenant of this l~ase on lessee's part to be performed, and shall at lessee's own expense defend the lessor alJainst any and all
suits or actions arisinIJ out of such negligence, actual or alleged, and all appeals therefrom and shall satisfy and discharlJe any judgment
which may be awarded against lessor in any such suit or action.
FIXTURES (12) All partitions, plumbinlJ, electrical wirinIJ, 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 of
the lessor unless otherwise herein provided.
(1) The lessee accepts this letting and agrees to pay to the order of the lessor the monthly rentals above stated for the
full term of this lease, in advance, at the times and in the manner aforesaid.
(2a) The lessee shall use the premises during the term of this lease for the conduct of the followinlJ business:
_______.._nh_____h______...................__._n_____________.___n
_______________nn__u_____________. __.~____..____._____H
_. _ Uh _ _h _ u._ _ _._ _ ___n_____~_____u u_.n___ _n. ._~
oo__oo..___.__.o____.....__...u..Cit.'J...Df...Ashlando.Qffi.c.es..__......._..u...o._...__.oo
_n___nu______.__ __.u.u_______n____n_"______
LIGHT
AND AIR
(13) This lease does not IJrant any rilJhts of access to lilJht and air over the premises or any adjacent property.
(14) In the event of the destruction of the improvements in which the premises are located by fire or other casualty,
either party hereto may terminate this lease as of the date of fire or casualty, provided, however, that in the event
DAMAGE BY
CASUALTY,
FIRE AND
~~~rI~O of damalJe to the improvements by fire or other casualty to the extent of . .__IS" . per cent or more of the sound
value thereof, the lessor mayor may not elect to repair the same; written notice of lessor's election shall be lJiven lessee within fifteen
days after the occurrence of the damalJe; if 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 of the damage; but if the improvements
in which the 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 the same with all convenient speed and
shall have the rilJht to take possession of and occupy, to the exclusion of the lessee, all or any part thereof in order to make the necessary
repairs, and the lessee herebyalJrees 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 damalJe and its interference with the occupancy of the premises by
the lessee shall warrant; however, if the premises be but slilJhtly injured and the damage 80 occasioned shall not cause any material inter-
ference with the occupation of the premises by lessee, then there shall be no abatement of rent and the lessor shall repair the damage
with all convenient speed.
(15) Neither the lessor nor the lessee shall be liable to the other for loss arising out of damalJe to or destruction of
the premises, or the building or improvement of which 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 of fire insurance witr. extended coveralJe, includinlJ sprinkler leakalJe insurance, if any. All such claims
for 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 neglilJence of either lessor or lessee or by any of their respective alJents, servants or employees. It is the intention and alJree-
ment of the lessor and the lessee that the rentals reserved by this lease 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 of any such loss, and further, that the insurance carriers involved shall not be entitled to subrolJation under any circum-
stances 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 proceds thereof, unless specifically covered therein as a joint assured.
WAIVER OF
SUBROGATION
RIGHTS
EMINENT
DOMAIN
(16) In case of the condemnation or purchase of all or any substantial part of the premises by any public or private
corporation with the power of condemnation this lease may be terminated, effective 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 for any rent after the termination date.
Lessee shall not be entitled to and hereby expressly waives any rilJht to any part of the condemnation award or purchase price.
(5) It shall be lawful for the lessor, the lessor's agents and representatives, at any reasonable time to enter into or upon
the premises for the purpose of examining into the condition thereof, or for any other lawful purpose.
(6) The lessee will not assilJn, transfer, pledlJe, hypothecate, surrender or dispose of this lease, or any interest herein,
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, assilJned, transferred, seized or taken by operation at law, or under or by virtue of any 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.
LESSOR'S
RIGHT OF
ENTRY
RIGHT OF
ASSIGNMENT
LIENS
ICE. SNOW,
DEBRIS
FOR SALE
AND
FOR RENT
SIGNS
DELIVERING UP
PREMISES ON
TERMINATION
(17) DurinlJ the period of ----___.60n.__n__n." days prior to the date above fixed for the termination of this lease, the lessor
herein may post on the premises or in the windows thereof signs of moderate size notifying the public that the premises
are "for sale" or "for lease.tt
(18) At the expiration of the lease term or upon any sooner termination thereof, the lessee will quit and deliver up
the premises and all future erections or additions to or upon the same, broom-clean, to the lessor or those havinlJlessor's
estate in the premises, peaceably, quietly, and in as good order and condition, reasonable use and wear thereof, damalJe
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
COVENANTS
OR
EXCEPTIONS
(10) The lessee will not use the outside walls of the premises, or allow signs or devices of any kind to be attached
thereto or suspended therefrom, for advertisinIJ or displayinlJ 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 lJood quality and permanent nature; provided further
that the lessee may not suspend or place within said windows or paint thereon any banners, silJns, sign-boards or other devices in violation
of the intent and meaning of this section.
(7) The lessee will not permit any lien of 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.
(8) If the premises are located at street level, then at all times lessee shall keep the sidewalks in front of the premises
free and clear of ice, snow, rubbish, debris and obstruction; and if the lessee occupies the entire building, the lessee will
not permit rubbish, debris, ice or snow to accumulate on the roof of the buildinlJ so as to stop up or obstruct gutters or
downspouts or cause damage to the roof, and will save harmless and protect the lessor alJainst any injury whether to lessor or to lessor's
property or to any other person or property caused by lessee's failure in that regard.
OVERLOADING (9) The lessee will not overload the floors of the premises in such a way as to cause any undue or serious stress or
OF FLOORS strain upon the buildinlJ in which the premises are located, or any part thereof, and the lessor 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 serious stress or strain on the building, or any
part thereof, and the decision of the .engineer or architect shall be final and bindinlJ upon the lessee; and in the event that it is the
opinion of the engineer or architect that the stress or strain is such as to endanlJer 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 reinforcinlJ the building or by lighteninlJ the load which
causes such stress or strain, in a manner satisfactory to the lessor.
ADVERTISING
SIGNS
(19) Any reference to "Lesseei1 contained herein shall be construed
to mean "Sublesee".
Any reference to "Lessor" contained herein shall be construed to
mean "Sublessor".
Sublessee understands that the airconditioning unit is provided as part
of this Sublease, but with no warrenties expressed or implied to its
condition. Any and all maintenance of said unit to be solely at the
Sublessee's expense.
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