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HomeMy WebLinkAbout2000-036 T-Hangar Rental-OSP-. '},EF-[13-]':{qq ZO:4B ~q'~,HLF~NI:, PU~ILI,L b,iDRbS %4]. 48B bDUE, CITY OF ASHLAND T-HANGAR RENTAL AGREEMENT ASHLAND MUNICIPAL AIRPORT CITY OF ASHLAND, (CITY) 20 E, Main St. Ashland, Oregon 97520 (503) 482-3211 FAX: (503) 488-5311 Date of this agreement: I]2, Monthly Rental Fee: 113_ Security Deposit: JUNE 24, 1999 $140.00 $50.00 RENTER: Address: Telephone: OREGON STATE POLICE 400 PUBLIC SERVICE BUILDING SALEM. OREGON 97310 ATFN: KEN WEESE (503) 378-3725 EXT. 46(}0 T-Hangar Number: ~ Commencement date: JULY 1, 1999 T-Hangar Rental Agreement made on the date specffied above by the City of Ashland and thD person named above as Benfor. City and Rent~r agree: 1, Description of premises. City rents to Renter the T-Hangar des~ibed above ("the premises") located at the Ashland Municipal Airport ("airport"). 2, Rental Fees. Renter shall pay a monthly rental fee in the amount set forth above. The rental fee is subject to pedodic adjustment at the option of the City and is payable at the office of the fixed based operator, monthly in advance. on the first day of each month, Any fee required of Renter by this agreement shall, if not paid within 10 days after it is due, bear interest at the rate of 18% per annum from the due date until paid. 3, Security DepOsit. To secure Renter's compliance with all terms of this agreement, Renter has paid City the sum apecffied above as a deposit. The deposit shall be a debt from City to Renter, refundable within 30 days after expiration of the agreement term or other termination not caused by Renter's default. City may commingle the deposit with its funds and Renter shall not be entitled to interest on the deposit. City shall have the right to offset against the deposit any sums owin9 from Renter to City and not paid when due, any damages caused by Renter's default, the cost of curing any default by Renter should City elect to do so, and the cost of performing any repair or cleanup that is Renter's responsibility under this agreement. Offset against the deposit shall not be an exclusive remedy in any of the above cases. but may be invoked by City, at its option, in addition to any other remedy provided by law or this agreement for Renter's nonperformance_ City shall give notice to Renter each time an offset is claimed against the deposit. and, unless the agreement is terminated, Renter shall within 10 days after such notice deposit with C~y a sum equal tQ the amount of the offset so that the total deposit amounL net of offset, shall remain constant throughout the agreement term, 4. Term. The term of this rental agreement is month-to-month beginning on the date set forth above. 5. Use of Premises. Except as provided in this paragraph, the premises shall be used only for the storage of aircraft owned by Renter, Other items of personal property may be stored PAGE 1-T-HANGAR RENTAL AGREEMENT 10:40 ASHLAND PUBLIC WORKS 54] 488 6006 P.05 temporarily when such storage in no way interferes with the normal storage area of the aircraft in the hangar. and does not otherwise violate this rental agreement. 5.1. Rantar shall not store any ~ammable or explosive liquids or solids within the premises. For the purpos~ of this rental agreement, 'h'lammable of explosive liquids or solids" shall not apply to fuel or other ~ammable contained within any airplane or automobile placed in the hangar. Fueling of the aimraft while in the hangar is stdctly prohibited. 5.2. Rantar shall not, without the City's written consent keep any pets or animals on the premises. If allowed, Rantar agrees to be liable for damage to the premises or other persons caused by the pet or animal 6- Compliance with laws. Renter shall comply with 6. I. The "Minimum Standards at Ashland Municipal Airport, Ashland. Oregon" adopted by the City Council on January 4, 1990 and as may be amended from time to time and the Hangar Lease Policy attached as Exhibit A and as may be amended from time to time. 6.2, All faderat. state. county. and city laws, orders and ordinanr-es. the rules and regulations of the City. and all rules and regulations of the State Department of Transportation Aeronautics Division and the Federal Aviation Administration. 6_3. Environmental laws. As used is this paragraph, the term "hazardous material" means any hazardous or toxic substance, material, or waste, including. but not limited to, those substances. materials, and wastes listed in the United States Departs.ant of Transportation Hazardous Materials Table (49 C.F.R. § 172.101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. Part 302) and any amendments, ORS 466.567, 466.205, 466.640 and 468_790 and regulations of the Oregon State Department of Environmerrtal Quality, petroleum products and their derivatives, and such other substances, materials and wastes as become regulated or subject to deanup authority under any environmental laws. Environmental laws means those laws cited in this paragraph. 6.3.1. Rantar shall cause the premises and all operations conducted on the premises (including operations by any subtenants) to comply with all environmental laws. 6.3.2. Rantar shall not use or allow any agents, contractors or subtenants to use the premises to generate, manufacture. refine, transport, treat. store, handle, recycle, release or dispose of any hazardous materials, other than at reasonably necessary for the operation of Renter's activities as contemplated under this rental agreement 6.3.3. City shall have the fight to conduct reasonable inspections and investigations of the premises and the operations conducted on the premises at any time and from time to time, and Renter shall cooperate fully with City dudng such inspections and investigations. 6.3.4. Rantar agrees to defend (with counsel approved by City). fully indemnify. and hold entirely free and harmless City from and against all claims, judgments, damages. penalties, fines, costs. liabilities, or losses (including, without limitation, diminution in value of the premises. damages for the loss or restriction on the use of rentable or usable space or of any amenity of the premises, damages arising from any adverse impact on marketing of space, sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees) which arise dudng or after the rental agreement ternq and which are imposed on, or paid by or asserted against City by reason or on account of, or in connection with, or arising out of Renter's generation, manufacture, PAGE 2~T-HANGAR RENTAL AGREEMENT use, transportation, refinement, treatment, storage. or disposal of hazardous materials, or any release of hazardous materials as a result of Renter's use or activities, or of Rentef's agents, contractors, or subtenants. 7. UtilitieS. Renter shall promptly pay any charges for electdcify and all Other charges for utilities which may be furnished to the premises at Renter's order or consent. 8. Liens. Taxes. Rantar shall pay all sums of money that become due for any labor, services, materials. supplies, utilities, furnishings, machinery or equipment which have been furnished or ordered by Rantar which may be secured by lien against the premises. Rantar shall pay all real and perserial property taxes assessed against the promises, such payments to be made no later than November 15 of the year in which the taxes become due and payable, and will submit a copy of the receipt for the taxes to the City's Director of Finance. 9. Indemnfficat~on. Rantar shall keep, indemnify and defend and hold harmless City, its officers, agents and employees, from and against any and all claims, demands, suits, judgments, costs, and expenses, including attorney's fees asserted by any person or persons, including agents or employees of the City or Rantar, by reason of death or injury to persons or loss or damage to property that alleg~lly results from Renter's operations, or anything done or permitted by Rantar under this rental agreement, except for the extent attributed to acts or omissions of City or its officers. agents or employees. 10. AlteFations or Imorovements. Banter may not make alterations or improvements without the prior written consent of City. which consent shall not be unreasonably withheld. Prior to any construction, construction plans must be approved by the City in writing as to the physical and aesthetic design, site location, color, landscape design, parking, and land use. All alterations or improvements that Lessee may desire to make to the premises shall be done by Rantar and at the expense of Renter. All wor~ shall be done in a good and worksdike manner in compliance with all applicable building and zoning laws and ordinances, 11. Ground Maintenance_ Rantar shall maintain the premises and the grounds in and around the premises in a reasonably neat, clean and orderly condition. 12. Events of Default. The following shall be events of default: 12.1. Default in Rent: Failure of Renter to pay any rent or other charge within ten days after it is due. 12.2. Default in Other Covenants; Failure of Rantar to comply with any term or condition or fulfill any obligation of the rental agreement (other than the payment of rent or other charges) within 30 days after written notice by City specifying the nature of the default. If the default is such that it cannot be completely remedied within the thirty (30) day period, this provision shall be complied with if Rantar begins correction of the default within the 30 day pedod and proceeds in good faith to effect the remedy as soon as practicable. 12-3. insolvency: Insolvency of Renter and assignment by Rantar for the benefit of creditors; the filing by Rantar of a voluntary petition in bankruptcy; an adjudication that Rantar is bankrupt or the appointment of a receiver of the properties of Rantar; the filing of an involuntary petition of bankruptcy and failure of the Rantar to secure a dismissal of the petffion within 30 days after filing; attachment of or the levying of execution on the rental interest and failure of the Renter to secure discharge of the attachment or release of the levy of execution within ten days. 13. Remedies on Default. In the event of a default, the City at its option may terminate the rental agreement by notice in writing by certified or registered mail t~ Rantar. The notice may PAGE 3-T-HANGAR RENTAL AGREEMENT · . -SEP-0~-1999 10:49 ASHLAND PUBLIC WORKS 541 488 8008 P.05 be given before or within thirty days after the running of the grace period for default and may be included in a notice of failure of compliance. If the property is abandoned by Rantar in connection with a default, termination shall be automatic and without notice. 13.1. Damages: in the event of termination of default, City shall be entitled to recover immediately the following amounts as damages: 13.1.1. The reasonable cost of re-entry and reletting including the cost of any clean up, refurbishing, removal of Renter's property and fixtures, or any other expense occasioned by Renter's failure to quit the premises upon termination and to leave the premises in the required condition, any remodeling costs, attorney fees, court costs, broker commissions and advertising cost. 13.1.2. The loss of reasonable rental fee value from the date of default until a new tenant has been or, with the exercise of reasonable efforts could have been secured. 13.2. R= ~-ntry After Termination: If the rental agreement is terminated for any reason, Renter's liability to City for damages shall survive such termination. and the fights and obligations of the parties shall be as follows: 13.2.1. Rantar shall vacate the property immediately, and within 60 days remove any property of Renter including any fixtures which Rantar is required to remove at the end of the rental agreement term, perform any cleanup. alteratjons or other work required to leave the property in the condition required at the end of the term. 13.2.2. City may re-enter, take possession of the premises and remove any persons or property by legal action or by self-help with the use of reasonable force and without liability for damages. 13.3. Rolefling: Following re-entzy or abandonment. City may relet the premises and in that connection maF. 13.3.1. Make any suitable alterations or refurbish the premises, or both, or change the character or use of the premises, but City shall not be required to relet for any use or purpose (other than that specified in the rental agreement) which City may reasonably consider injurious to the premises. or to any tenant which City may reasonably consider objectionable. 13,3.2. Relet all or part of the premises, alone or in conjundjon with other properties, for a term longer or shorter than the term of this rental agreement, upon any reasonable terms and conditions, including the granting of some rental agreement fcc free occupancy or other rental agreement fee concession. 14. Termination. Upon termination of the rental agreement by the passage of time or otherwise, Rantar shall surrender the premises in good condition. 15. A~sianment of Interest or Rlahts. Neither Rantar or any assignee or other successor of Rantar shall sublease, assign, transfer or encumber any of Renter's fights in and to this rental agreement or any interest in the premises, nor license or permit the use of the dghts granted exr.=pt as provided in this paragraph. Rantar shall not permit the use or occupancy by others without written consent of City. If City does consent to such use or occupancy: 15.1. Renter shall still be responsible to City in accordance with this agreement; 15.Z. Any sub-rent charged by Rantar shall not exceed the rent charged by City; 15.3. The term of the sub-let shall not exceed six months. 15.4. The City may charge additional rent for such use or occupancy. PAGE 4-T-HANGAR RENTAL AGREEMENT 16, Nonwaiver. Waiver by either party of strict performance of any provision of this rental agreement shall not be a~vaiver of or prejudice the party' s right to require strict performance of the same provision in the future or of any other provision. 17. Notices. All notices required under this rental agreement shall be deemed to be properly served if sent by certified or registered mail to the last address previously furnished by the parties. Until changed by the parties by notice in writing, notices shall be sent to the addresses listed on the first page of this agreement. 18. Compliance with laws. Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and the Oregon Constitution, Article XL Section 7, Lessee agrees to defend, indemnify and hold harmless Lessor from and against claims, judgments, damages, penalties, fines, costs, liabilities, or losses which arise during this Rental Agreement term and which are imposed on, or paid by or asserted against Lessor by reason or on account of, or in connection with, or arising out of Lessee's generation, manufacture, use, transportation, refinement, treatment, storage, or disposal of hazardous materials, or any release of hazardous materials as a result of Lessee's use or activities, or of Lessee's agents, contractors, or subtenants. 19. Indemnification. The State of Oregon agrees to be responsible for any damage or any third party liability which may arise from its use of the Hangar subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and the Oregon Constitution Article XI, Section 7, to the extent of Iiability arising out of the negligence of the State. The State shall not be required to indemnify or defend the City of Ashland for any liability arising out of the wrongful acts of employees or agents of the City. 20. Non-appropriation. If sufficient funds have not been provided in the legislatively approved budget of Lessee, Department of Oregon State Police, to permit Lessee in the exercise of its reasonable administrative discretion to continue this Lease, Lessee may terminate this Lease without further liability to Lessor with not less than one hundred twenty (120) days prior written notice to Lessor. During such termination notice period, Lessee may negotiate with Lessor for continued occupancy in a portion of the Premises at a reduced rent. If that is not feasible on mutually acceptable terms, then the Lease shall terminate as notified. In determining the availability of funds to Lessee, Lessee will use the budget approved by the Oregon State Legislature or acts of the Legislative Emergency Board. 21. Interest and Late charges. Payment of overdue account charges and late fees attributed to a state agency are regulated by State statute ORS 293.462 attached hereto and by this reference made a part hereof. Renter State of Oregon, acting by and through its Department of Oregon State Police Approval CITY OF ASHLAND ATTES~~ State of Oregon, acting by and through its Department of Administrative Services Facilities~vision Dated pAGE5-T-HANGARRENTALAGREEMENT .I PUBLIC FINANCIAL ADMINISTRATION 291.510; 1967 c.454 463; 1977 c. 126 44; 1993 c.500 462; 1993 c.694 §30; 1997 c.86 42] 293.455 Refusal of payment of unpres- ented checks; duties of State Treasurer in transferrin funds; report to Division of State Lan~s. (1) After October 1, the State Treasurer may refuse payment of the unpresented checks or orders included in the report referred to in ORS 293.450. In accord- ance with procedures developed by the Divi- sion of State Lands and approved by the State Treasurer, the agency shall instruct the State Treasurer to do the following: (a) Transfer and credit the an~ounts of the unpresented checks or orders dedicated for general funding to the General Fund. (b) Transfer all other funds to the Divi- sion of State Lands for deposit in the Un- claimed Pro erty Revolving Fund within the Common School Fund Account. (c) Transfer and credit the amounts of the unpresented checks issued under ORS chapters 316 and 317 to the Division of State Lands for deposit in the Unclaimed Property Revolving Fund within the Common School Fund Account. (2) In each instance, the State Treasurer shall issue an official receipt for the amount so transferred or credited. (3) If the State Treasurer pays the owner of an unpresented check or order included in the report referred to in ORS 293.450 before the funds are transferred to the division, this information shall be reported to the Division of State Lands. [Formerly 291.512; 1967 c.454 §64; 1981 c.188 41; 1993 c.694 §3]; 1995 c.340 41; 1997 c.86 443,4] order included in the report referred to in ORS 293.450, not presented to the State Treasurer for payment and not paid, there- after may file a claim with the Division of State Lands in the manner provided by ORS 98.392 and 98.396. [Formerly 291.514; 1967 c.454 {~65; 1981 c.188 §2; 1993 c.500 §63; 1993 c.694 §321 293.462 Payment of overdue account charges. (1) It is the policy of the State of Oregon to pay any overdue account charges incurred by state agencies which do not romptly pay for goods and services provided ~y private businesses. (2) The overdue account charges to be paid under this section shall be the same as the usual overdue account charges to the general clientele of the vendor. (31 Moneys appropriated from the Gen- eral Fund to an agency or the establishment of max/mum limits for expenditures of an agency authorized to procure goods or serv- ices from private businesses shall be used to pay overdue account charges incidental to procurement of the goods or services at the rate of two-thirds of one percent per month, but not more than eight percent per annum on overdue claims. (4) Overdue claims shall be those that have not been aid within 45 days from the latest of the following dates: The date of the receipt of the invoice, the date of the initial billing statement if no invoice is received or the date the claim is made certain by a~ee- ment of the parties or by o eration of law. However, overdue account c~aer es shall not accrue on any purchases made g~y any state agency during time of civil emergency or in the event of a natural disaster which pre- vents the timely payment of accounts. In such instances accounts shall be paid in as timely a manner as possible. (5) Where claims have been paid, the date of the check or warrant in payment of the claims shall be used to determine if the claim has been paid in a timely manner. It shall be rebuttably presumed that the check or war- rant was correctly dated. (6) Moneys for payment of overdue ac- count charges shall not be provided in the biennial budget of a state agency, but agen- cies may make special requests to provide moneys for such charges, separately from other budget requests in accordance with rules adopted b the Oregon Department of Administrative ~ervices. (7) In the event overdue account charges cannot lawfully be paid from federal funds, then such charges shall be paid from any moneys available to the agency for payment of administrative expenses. If other moneys are not available to pay overdue account charges, the a enc shall submit to the Leg- islative Assembly ~urin a legislative session or to the Emergency ~oard during the in- terim between legislative sessions a request for moneys to pay these charges. i1979 c.406 §2] (Duplicate Instruments) 293.465 Surrender of instrument upon payment. (1) As used in ORS 293.465 to 293.485: (a) "Instrument" means a warrant, check or order, issued by the state, or by any board, department, commission or officer of the state. (b) "Subdivision" means any county, mu- nicipal corporation, ciuasi-municipal cor o- ration, or civil or political subdivision in t~is state. (2) Subject to ORS 293.470, no instrument shall be paid until such instrument, or the ~uplicate thereof issued under ORS 293.475, ~s surrendered and delivered to the officer charged with the payment thereof, con- Title 28 Page 64 (1997 Edition) CITY OF ASHLAND T-HANGAR RENTAL AGREEMENT ASHLAND MUNICIPAL AIRPORT CITY OF ASHLAND, (CITY) 20 E. Main St. Ashland, Oregon 97520 (503) 482-3211 FAX: i503) 488-5311 Bate of this agreement: JUNE 24, 1999 ¶9. Monthly Rental Fee: $140.00 ¶3_ Security Deposit: $50.00 RENTER: Address: Telephone: ¶1. T-Hangar Number: ~ ¶4. Commencement date: JULY 1, 1999 OREGON ,STA i'E POLICE 400 PUBLIC SERVICE BUILDING SALEM. OREGON 97310 ATFN: KEN WEESE (5(}3) 378-3725 EXT. 4600 T-Hangar Rental Agreement made on the date specified above by the City of Ashland and the person named above as Renter. City and Rentar agree: 1. Description of premises. City rents to Renter the T-Hangar described above ('~.he premises") located at the Ashland Municipal Airport ("airport"). 2. Rental Fees. Renter shall pay a monthly rental fee in the amount set forth above. The rental fee is subject to pedodic adjustment at the option of the City and is payable at the office of the fixed based operator, monthly in advance, on the first day of each month, Any fee required of Renter by this agreement shall, if not paid within 10 days after it is due, bear interest at the rate of 18% per annum from the due date untjl paid. 3 Security DeDOsit. To secure Renter's compliance with all terms of this agreement, Renter has paid City the sum specified above as a deposit. The deposit shall be a debt from City to Renter, refundable within 30 days after expiration of the agreement term or other terminafjon not caused by Renter's default. City may commingle the deposit with its funds and Renter shall not be entitled to interest on the deposit. City shall have the dght to off. set against the deposit any sums owing from Renter to City and not paid when due, any damages caused by Renter's default, the cost of curing any default by Renter should City elect to do so, and the cost of performing any repair or cleanup that is Renter's responsibility under this agreement, Offset against the deposit shall not be an exclusive remedy in any ¢~f the above cases, but may be invoked by City, at its option, in addition to any other remedy provided by law or this agreement for Renter's nonperformance. City shall give notice to Renter each time an offset ~s claimed against the deposit, and, unless the agreement is terminated, Renter shall within 10 days after such notice deposit with City a sum equal to the amount of the offset so that the total deposit amounL net of offset, shall remain constant throughout the agreement term. 4 Term. The term of this rental agreement is month-to-month beginning on the date set forth above. 5. _Use of Prernjses. Except as provided in this paragraph, the premises shall be used only for the storage of aircraft owned by Renter. O~her items of personal property may be stored PAGE 1-T-HANGAR RENTAL AGREEMENT temporarily when such storage in no way interferes with the normal storage area of the aircraft in the hangar, and does not otherwise violate this rental agreement. 5.1. Rantar shall not store any flammable or explosive liquids or solids within the premises. For the purpose of this rental agreement, 'h'lammable or explosive liquids or solids" shall not apply to fuel or other ~ammable contained within any airplane or automobile placed in the hangar. Fueling of the aircraft while in the hangar is stdclly prohibited, 6.2. Rantar shall not, without the City's written consent keep any pets or animals on the premises. If allowed, Rantar agrees to be liable lor damage to the premises or other persons caused by the pet or animal 6_ Compliance with laws. Rantar shall comply with 6,1. The "Minimum Standards at Ashland Municipal Airport. Ashland. Oregon" adopted by the City Council on January 4, 1990 and as may be amended from time to time and the Hangar Lease Policy attached as Exhibit A and as may be amended from time to time. 6,2_ All federal, state. county, and city laws. orders and ordinances. the rules and regulations of the City. and all rules and regulations of the State Department of TranspoRation Aeronautics Division and the Federal Aviation Administration. 6.3. Environmental laws. As used is this paragraph. the term "hazardous material" means any hazardous or toxic substance, material, or waste, including, but not limited to, those substances, materials, and wastes listed in the United States Depar0~ent of Transportation Hazardous Matedais Table (49 C.F.R. § 172.101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. Part 302) and any amendments, ORS 466.567. 466.205, 466.640 and 488_790 and regulations of the Oregon State Department of Environmorn'el Quality, petroleum produds and their derivatives, and such other substances, materials and wastes as become regulated or sublad to deanup authority under any environmental laws. Environmental laws means those laws cited in this paragraph. 6.3.1. Rantar shall cause the premises and all operations conducted on the premises (including operations by any subtenants) to comply with all environmental laws. 6.3.2. Rantar shall not use or allow any agents, contractors or subtenants to use the premises to generate, manufacture, refine, transport. treat. store, handle, recycle. release or dispose of any hazardous materials, other than at reasonably necessary for the operation of Renter's activities as contemplated under this rental agreement 6.3.3. City shall have the right to conduct reasonable inspections and investigations of the premises and the operations conducted on the premises at any time and from time to time. and Rantar shall cooperate fully with City dudng such inspections and investigations. 6.3.4. Rantar a9rees to defend (with counsel approved by City). fully indemnify, and hold entirely free and harmless City from and against all claims. judgments, damages. penalties, 5nee. costs. liabilities, or losses (including. without limitation, diminution in value of the premises, damages for the loss or restriction on the use of rentable or usable space or of any amenity of the premises, damages arising from any adverse impact on marketing of space, sums paid in settlement of claims, attorneys' fees. consultant fees, and expert fees) which arise dudrig or after the rental agreement term and which are imposed on, or paid by or asserted against City by reason or on account of, or in connection with. or arising out of Renter's generation, manufacture, PAGE 2-T-HANGAR RENTAL AGREEMENT SEP-03-1999 10:49 RSHLRND PUBLIC WORKS 541 ~S 6006 P.04 use, transportation, refinement, treatment. storage, or disposal of hazardous materials, or any release of hazardous materials as a result of Renter's use or a~es, or of Renter's agents. contractors, or subtenants. 7. Utilities. Rentor shall promptly pay any charges for electricity and all other charges for utilities which may be furnished to the premises at Renter*s order or consent. 8. Uens. Taxes. Rantar shall pay all sums of money that become due for any labor, services, materials, supplies, utilities, furnishings, machinery or equipment which have been furnished or on:lered by Rantar which may be secured by lien against the premises. Rantar shall pay all real and personal property taxes assessed against the premises, such payments to be made no later than November 15 of the year in which the taxes become due and payable, and will submit a copy of the receipt for the taxes to the City's Director of Finance. 9. Indemnfficatjon. Rantar shall keep, indemnify and defend and hold harmless City, its officers. agents and employees. from and against any and all claims, demands, suits, judgments, costs, and expenses, including attorney's fees asserted by any person or persons, including agents or employees of the City or Renter, by reason of death or inj~Jry to persons or less or damage to property that aliagodly results from Renter's operations, or anything done or permitted by Rantar under this rental agreement, except for the extent affi'ibuted to acts or omissions of City or its officers. agents or employees. 10. AlteEations or Imerovements. Rantar may not make alterations or improvements without the pdor wri~en consent of City, which nnnsent shall not be unreasonably withheld. Prior to any construction, construction plans must be approved by the City in wdting as to the physical and aesthetic design, site location, color, landscape design, parking. and land use. All alterations or improvements that Lessee may desire to make to the premises shall be done by Renter and at the expense of Rantar. All work shall be done in a good and workerlike manner in cumplianco with all applicable building and zoning laws and ordinances. 11. Ground Maintenance. Renter shall maintain the premises and the grounds in and around the premises in a reasonably neat, clean and ordedy condition. 12. Events of Default. The following shall be events of default: 12.1. Default in Rent: Failure of Renter to pay any rent or other charge within ten days after it is due. 12.2- Default in Other Covenants; Failure of Renter to comply With any term or condition or fulfill any obligation of the rental agreement (other than the payment of rent or other charges) within 30 days after written notice by City specifying the nature of the default. ff the default is such that it Cannot be completely remedied within the thirty (30) day period, this provision shell be complied With if Renter begins correction of the default within the 30 day pedod and proceeds in good faith to effect the remedy as soon as practicable. 12.3, Insolvency: Insolvency of Renter and assignment by Renter for the benef~ of creditors; the filing by Rantot of a voluntary petition in bankruptcy; an adjudication that Renter is bankrupt or the appointment of a receiver of the properties of Renter; the filing of an involuntary petition of bankrUptcy and failure of the Renter to secure a dismissal of the peti'don within 30 days after filing; attachment of or the levying of execution on the rental interest and failure of the Renter to secure discharge of the attachment or release of the levy of execution within ten days. 13. Remedies on DeFault. In the event of a default, the City at its option may terminate the rental agreement by notice in writing by certified or registered mail to Rantar. The notice may PAGE 2-T-HANGAR RENTAL AGREEMENT SEP-03-1999 10:49 RSHLRND PUBLIC WORKS 541 489 6006 P.05 be given before or within thirty days after the running of the grace period for default and may be included in a notice of failure of compliance. If the preparty is abandoned by Rantar in connection with a default, termination shall be automatic and without notice. 13.1. Damages: In the event of termination of default, City shall be entitled to recover immediately the following amounts as damages: 13.1.1. The reasonable cost of m-entry and reletting including the cost of any clean up, refurbishing. removal of Renter's property and fixtures, or any other expense occasioned by Renter's failure to quit the premises upon termination and to leave the premises in the required condition, any remodeling costs, attorney fees, court costs, broker commissions and advertising cost. 13.1.2. The loss of reasonable rental fee value from the date of default until a new tenant has been or, with the exercise of reasonable efforts could have been secured. 13.2- Re-entry After Termination: If the rental agreement is terrninated for any reason, Rentere liability to City for damages shall survive such termination, and the fights and obligations of the parties shall be as follows: 13.2.1. Rantar shall vacate the property immediately, and within 60 days remove any property of Rantar including any fixtures which Rantar is required to remove at the end of the rental agreement term, perform any c)eanup. alteratjons or other work required to leave the property in the condition required at the end of the term. 13.2.2. City may re-enter, take possession of the premises and remove any persons or properly by legal action or by self-help with the use of reasonable forc~ and without liability for damages. 13.3. Reletting: Following re-entry or abandonment. City may relet the premises and in that connection may: 13.3.1. Make any suitable alterations or refurbish the premises, or both, or change the character or use of the premises, but City shall not be required to relet for any use or purpose (other than that specified in the rental agreement) which City may reasonably consider injuhous to the premises. or to any tenant which City may reasonably consider objectionable. 13.3.2. Relet all or part of the premises, alone or in conjunction with other properties, for a term longer or shorter than the term of this rental agreement, upon any reasonable terms and conditions, including the granting of some rental agreement fGc free occupancy or other rental agreement fee concession. 14. Termination. Upon termination of the rental agreement by the passage of time or otherwise, Rantar shall surrender the premises in good condition. 15. Assianment of Interest or RiQhts. Neither Rantar or any assignee or other successor of Rantar shall sublease, assign, transfer or encumber any of Rente~'s rights in and to this renf=l agreement or any interest in the premises, nor license or permit the use of the dghts granted except as provided in this paragraph. Renter shall not permit the use or occupancy by others without written consent of City. If City does consent to such use or occupancy: 15_1. Rantar shall still be responsible to City in ac~rdance with this agreement; 15.2. Any sub-rent charged by Renter shall not exceed the rent charged by City; 15.3. 'the term of the sub-let shall not exceed six months. 15.4. The City may charge additional rent for such use or occupancy. PAGE 4-T-HANGAR RENTAL AGREEMENT 16. Nonwaiver. Waiver by either party of strict performance of any provision of this rental agreement shall not be a waiver of or prejudice the party' s right to require strict performance of the same provision in the future or of any other provision. 17. Notices. All notices required under this rental agreement shall be deemed to be properly served if sent by certified or registered mail to the last address previously furnished by the parties. Until changed by the parties by notice in writing, notices shall be sent to the addresses listed on the first page of this agreement. 18. Compliance with laws. Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and the Oregon Constitution, Article XI, Section 7, Lessee agrees to defend, indemnify and hold harmless Lessor from and against claims, judgments, damages, penalties, fines, costs, liabiIities, or losses which arise during this Rental Agreement term and which are imposed on, or paid by or asserted against Lessor by reason or on account of, or in connection with, or arising out of Lessee's generation, manufacture, use, transportation, refinement, treatment, storage, or disposal of hazardous materials, or any release of hazardous materials as a result of Lessee's use or activities, or of Lessee's agents, contractors, or subtenants. 19. Indemnification. The State of Oregon agrees to be responsible for any damage or any third party liability which may arise from its use of the Hangar subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and the Oregon Constitution Article XI, Section 7, to the extent of liability arising out of the negligence of the State. The State shall not be required to indemnify or defend the City of Ashland for any liability arising out of the wrongful acts of employees or agents of the City. 20. Non-appropriation. If sufficient funds have not been provided in the legislatively approved budget of Lessee, Department of Oregon State Police, to permit Lessee in the exercise of its reasonable administrative discretion to continue this Lease, Lessee may terminate this Lease without further liability to Lessor with not less than one hundred twenty (120) days prior written notice to Lessor. During such termination notice period, Lessee may negotiate with Lessor for continued occupancy in a portion of the Premises at a reduced rent. If that is not feasible on mutually acceptable terms, then the Lease shall terminate as notified. In determining the availability of funds to Lessee, Lessee will use the budget approved by the Oregon State Legislature or acts of the Legislative Emergency Board. 21. Interest and Late charges. Payment of overdue account charges and late fees attributed to a state agency are regulated by State statute ORS 293.462 attached hereto and by this reference made a part hereof. Renter State of Oregon, acting by and through its Department of Oregon State Police Approval CITY OF ASHLAND ATTESTM.'~ City Recorder State of Oregon, acting by and through its Department of Administrative Services Dated PAGE 5-T-HANGAR RENTAL AGREEMENT (uo!l!p~ff/,66[) abed o~ [muop!au! so2a~qa ~unoaoe onp~oAo ~d o~ posn oq Ii~qs sossou;snq o3~Aud -~os ao spooS oanooad o~ poz~jdq3n~ un Jo soan1~puodxo aoj s3~mq mnm~x~m jo 3uo~qs~lqe1~o oql ao ~auoSb fie o~ pdnd Ieao -ua9 aql moaJ pa3g~doaddg sXouoN · aopuaa aq~ aql o3 sa2agqa 3unoaag anpaaAo [gnsn sg ames oq3 aq ilgqs uo~laas s~ql Japun p~gd oq ol so~jeqa 3unoaag onpjaAo aq~ (g) 'sossoutsnq pop~Ao~d saa[Mas pug spooS ~o~ Xed XI3dmo~d 3ou op qa~qa sapuaSu a3e3s Xq paaanaut soSiuqa lunoaaB anpaaAo XUg Agd o3 uosoa6 go alulg aq3 Jo XaUod aq~ s; 1I (D 'sa~aeqa l~oaae anpaaAo Jo ~ua~ud g9Vg6g [gg} ~69'a g~I '-g9} ~g'a g~I '.g} ~T'a [86I 2~} eva L~I ~I~'[g X[aamaod] '968'86 P~ g6g'g6 SHO Xq pap~Aoad aauugm Jo UO~S~A[G aql ql~ m~la -a~oql 'p~ed 3on pun 3uom~ud ~oj o3u3S oq~ ol pa3uasoad 1on '0SVe6g ~O u~ o3 pa~ajoa l~oda~ oq3 u~ papnpu~ ~ap~o ~o ~aoqa Xue Jo ~ouao inj~e[ oq& 's~aaqa p~ad~ Jo saoao Jo osaoa~ 09VS6g {Vg~ ~'a L~I ~I~ 0~'a 966[ ~[g~ ~69'a g~I :I~ ~['a 196I s[q~ 'U0}S[ASp 0~ 0~ pgjjoJsugJ~ aJoJ9q 0gVgGg SHO u[ u[ popnlau[ aapao Jo ~aoqa po~uosajdun uu Jo J~g~O Oq~ S~gd JOJ~S~O2~ O3~g Oql JI (g) · pal~paaa ao pa~aaJsugj1 os 3uno~ aq3 aoj ld}aaa~ i¢$a~jo ug anss~ IIgqs ao~nseaaL 03~1S oql 'oau~isu/ · lunoaaV pun~ Iooqa~ uommoa aq3 u~q~ pun~ X3aadoad pamm[aufl aql ut l~sodap aoJ spugq a3g~g jo uo[s[X[G aql o1 LI~ b~ 9[8 saaldgqa SHO aapun panss~ s~aaqa pa~uasaadun Jo s3unomg aq3 l~paja pu~ JajsugaL (a) -u~ aql u} l~sodap aoj spugq alglg jo uoSs -~a[g aql oi spunj ~aqlo [Ig 2ajsu~a& (q) · pund i~auaD aq~ ol 2u}punj igaauag aoj palga}pap saapio ~o s~aaqa pa~uasaadun Jo s3unomg aq3 1$paaa pug aajsuga& (~) :Su~olloJ aq3 op o3 aaansgaiL a3glS aq3 3ona~su} ileqs XauoSe aq~ ~q paAo~dd~ pue spueq o~3S 3o uois -~A~Q oq3 Xq pado[oAop saanpoao~d -p~oaa~ uI '0SVg6g SIlO u~ oq3 u~ popn[au~ s~opao ao s~aaqa poluaso.tdun aq3 jo 3ua~d osnja~ oq~ '[ ~aqo33O ~o~V ([) 's~q alniS jo uo. !A!~ ol ~odaa ~spu~ . aoans~oa& oluIS Jo saDnp ~s~ooqa poluo -soad~ jo ~ua~d Jo ~s~ N!OI&V'H,LSIN!IIAI(IV qVI;3NIVNIIJ 3I'IHfld SS:Vg6g CITY OF ASHLAND CITY HALL ASHLAND, OREGON 97520 NOTICE OF TRANSMITTAL TO: BARBARA CHRISTENSEN DATE: PROJECT: JOB NO.: SUBJECT: DECEMBER 1, 1999 RENTAL AGREEMENT THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Barbara, Would you please file this original agreement in the vault for me? Thanks. ENCLOSED / UNDER SEPARATE COVER REMARKS: COPIES TO: Department of Public Works Engineering Department · G:DawnXEngineer\ProjectXNOT.doc