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
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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