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HomeMy WebLinkAbout1983-061 Lease - WongFORM No. S12~LEASE--~USINES$ PROPERTY. ST~V£NS-N£SS LAW PU~-ISH]NG C~O., PORTLA~ID, TC THIS INDENTURE OF LEASE, made and entered into this .__.]:..~.~ ............... day of .... .A..u..~.~...s..~ ....................... , ~9...~3..., by and betw~n .... ~T~~L~.~*~~n~*~b~u~h~n~-~w~¢~ ..................... hereinafter called the lessor, and ..... .C..%..T__.Y....Q~....A..S...H.....LA~.~.D_~ a Municip..a_..1._....C._Q..r.p.Q.?._~..t...i..Q..n. .............................. ............................................................................................................................................................. , hereinedter called the lessee, WITNESSETH: In consideration of the covenants, a~reements and stipulations herein contained on the part of the lessee to be paid, kept and faithfully performed, the lessor does hereby lease, demise and let unto the said lessee those certain pretrdses, as is, situated in the City of ...A..~_.N_~ ....................... , County of ..~...A...C...~..$..O...N.. ............... and State of .... .0.~.~..~ .................. , known and described as follows: Upstairs office space, Rooms #3, #4, #5 and #6 at 27~ North Main Street Ashland To Have and to Hold the said described premises unto the said lessee for a period of time commencing with the....~s**.~day of....A...u_g..u..s...t.. .................... , 19..~.~., and endiz~ at znidnight on the~..1...s..~.day of ........ ~.~_~. ....................... 19...~.~., at and for a rental of $.~..~2,0.0.~.0.0 ............. for the whole of the said term payable in lawful money of the United States at ..... lL.47_.J~a~k...S, nr.~e.t ........................................................ , city of ...... ~hlar~d ............................... , State of ...... .O.r.~.go~ .................................. , at the following times and in the followinll amounts, to-wit: The sum of $600.00 upon the execution of this lease and the sum of $300.00 commencing on the 1st day of September, 1983 and continuing on the 1st day of each month thereafter through July 1, 1985, until the full sum of $7,200.00 shall have been paid for the lease term. In consideration of the leasing of said premises and of the mutual a~,reements herein contained, e~ch p~rt~. hereto does hereby express/y covenant and a~ree to and with the other, as follows: LESSEE'S (,1) The lessee accepts said lettlng and agrees to pay to the order of the lessor the rentals above stated for the lull term ACCF~rANCE OF LEASE of this lease, in advance, at the times and in the manner aforesaid. USE OF (,2a) The lessee shall use said den~sed prarrdses during tho term o! this lease for the conduct of the followlng buslneu: PREMISES .......................................................................... and for no other purpose whatsoever without lessor's written consent. (,eh) The lessee will not make any unlawful, improper or oftensive use of said premises; he will not suffer any strip or waste thereof; he will not permit any objectionable noise or odor to escape or to be emitted from said premises or do anything or permit anything to be done upon or about said premises in any way tending to create a nuisance; be will not sell or permit to be sold any spirituous, vinous or malt liquors on said premises, excepting such as lessee may be licensed by law to sell and as may be herein ex- pressly permitted. (,2c) The lessee will not allow the leased premises at any time to fall into such a state of repair or disorder as to increase the fire hazard ~hereon; he shall not install any power machinery on said premises except under the supervision and with written consent of the lessor; he shall not store gasoline or other highly combustible materials on said premises at any time; he will not use said prem- ises in such a way or for such a purpose that the fire insurance rate on the building in which said premises are located is thereby in- creased or that would prevent the lessor from taking advantage of any rulings of the Insurance Rating Bureau of the state in which said leased premises are sifuated or its successors, which would allow the lessor to obtain reduced premium rates for long term fire insurance policies. (,ed) Lessee shall comply at lessee's own expense with all laws and re~ulatlons of any municipal, county, state, federal or other public authority respecting the use of said leased premises. lYrILITIES (,3) The lessee shall pay for all heat, light, water, power and other services or utilities used in the above demised premises during the term of this lease. R~PAIRS AND (,fa) The lessor shall not be required to make any repairs, alterations, additions or improvements to or upon said prem- IMPROYEMENTS ises during the term of this lease, except only those hereinafter specifically provided for; the lessee hereby agrees to maintain and keep said leased premises includln~ heating, ventilatin~ and cooling systems, interior wlrin;, plumbing and drain pipes to sewers or septic tank, in good order and repair during the entire term of this lease at lessee's own cost and expense, and to replace all glass which may be broken or damaged during the term hereof in the windows and doors of said premises with ~lass of as good or better quality as that now in use; lessee further agrees that he will make no alterations, additions or improvements to or upon said premises without the written consent of the lessor first being obtained. (,4b) The lesser a~rees to maintain in good order and repair during the term of thls Iease the exterior walls, roof, ~utters, down- spouts and foundations of the building in which the demised premises are slmated and the sidewalks thereabouts ....................................... ............................... .(~ .o__t__._a_p_p__ ~.~.c_a_b_Le). ...................................................................................................................................................................... ................................................................... It is understood and agreed that the lessor reserves and at any and all times shall have the right to alter, repair or improve the building o! which said demised premises are a part, or to add thereto and for that purpose at any time may erect scaffoldin~ and all other necessary structures and upon the demised premises and lessor and lessor's representatives, con- tractors and workmen for that purpose may enter in or about the said demised premises with such materials as lessor may deem neces- sexy therefor, and lessee waives any claim to damages, including loss of business resulting therefrom. Lv, SSOR'S (5) It shall be lawful for the lessor, hie agents and representatives, at any reasonable time to enter into or upon said RI(;I~T OP ENTRY demised premises for the purpose of examinln; into the condition thereof, or any other lawful purpose. llI(;ItT OP (,6) The lessee will not assign, transfer, pledge, hypothecate, surrender or dispose of this lease, or any interest herein, ASSIGNMENT or permit any other person or persons whomsoever to occupy the demised premises without the written consent of the lessor bein; first obtained in writinE; this lease is personal to said lessee; lessee's interests, in whole or in part, cannot be sold, assigned, transferred, seized or taken by operation at law, or under or by virtue of any execution or legal process, attach- ment or proceedings instituted against the lessee, or under or by virtue of any bankruptcy or insolvency proceedings had in regard to the lessee, or in any other manner, except as above mentioned. LIENS (,7) The lessee will not permit any lien of any kind, type or description to be placed or imposed upon the building in which said leased premises are situated, or an~ part thereof, or the real estate on which it stands. lCl~, SNOW, (8) It the premises herein leased are located at street level, then at all times lessee shall keep the sidewalks in front DEBRIS of the demised premises free and clear of ice, snow, rubbish, debris and obstruction; and if the lessee occupies the entire buildin;, he will not permit rubbish, debris, ice or snow to accumulate on the roof of said buildln~ so as to stop up or obstruct gutters or downspouts or cause damage to said roof, and will save harmless and protect the lessor against any injury whether to lessor or to lesser's property or to any other person or property caused by his failure in that regard. OYERLOADIN{; (,9) The lessee will not overload the floors of said premises in such a way as to cause any undue or serious stress OF FLOORS or strain upon the buildln~ in which said demised 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 said premises, or any part thereof, are being overloaded so as to cause any undue or serious stress or strain on sold building, or any part thereof, and the decision of said engineer or architect shall be final and binding upon the lessee; and in the event that the engineer or architect so calIed upon shall decide that in his opinion the stress or strain is such as to endanger or injure said buliding, or any part thereof, then and in that event the lessee agrees immediately to yellers said stress or strain either by reinforcing the buildln~ or by lightening the load which causes such stress or strain in a manner satisfactory to the lessor. ADVERTISING (,10) The lessee will not use the outside walls o! sold premises, or allow signs or devices o! any kind to be attached SI(~;NS thereto or suspended therefrom, for advertising or displaying the name or business o! the lessee or for any purpose whatsoever without the written consent of the lessor; however, the lessee may make use of the windows of sold leased premises to display lessee's name and business when the workmanship of such signs shall be of good quality and permanent nature; provided turther that the lessee may not suspend or place within said windows or paint thereon any banners, signs, sign-boards or other devices in violation o! the intent and meanln~ of this section. LIABILIT~ (,,11) The lessee further agrees at all times during the term hereof, at his own expense, to maintain, keep in effect, INSURANCE furnish and dellver to the lessor liability insurance policies in term and with an insurer satisfactory to the lesser, insurin~ both the lessor and the lessee against all liability for damages to person or property in or about said leased premises; the amount of safd liability insurance shall not be les, than ;.~Q..O...,._O____O._.Q ............................ for in~,,r to one per,on, $.3..0...0._.~..0__0_.0. ........................... for and hold lessor harmless a~alnst any and all claims and demands arlsln; from the negligence of the levee, his otfi~rs, aEents, invi~e~ and/or employee~, as well as ~h~ arisin~ Item lease's Iallure ~o ~mpl~ wi~h any ~ven~ oI t~; lease on ~s part ~o ~ a~ shall at ~s own ex~n~ de~end the lo.or a~nst any ~d all ~its or actions ~i~n~ out o~ such ~li~en~, actual or alleEed, ~d all ap~als therefrom and shall ~;ti;fy and discharge any judgment which my be awarded aEainsf le~r in any ~ch ~it or action. ~IX~R~ (12) Ail partition, pluming, elec~H~ wlrin~, additions ~o or improvements upon ~id iea~d pre~s, whether sfalI~ bF t~ l~or or Issue, shall be and ~me a part of the buildln~ as s~n a~ i~alled and the pro~rty ol the lessor u~es~ other- wi~ herein provided. LIGHT (13) T~s lease d~s not drant any rights of ac~ss to light and air over the pro~rty. AND AIE D~A~E BY~ (14] In the event ot the dest~cilon oI the buildln; in w~ch ~id lea~d pre~ ~e l~ted by tlre or other CAiUALTY. FI~E AND ~sualiy, either party hereto may ter~naie t~s lease as o~ the date ot ~id fire or ~alty, provld~, however, thai DUTY TO E~I~ in the event oI damage ~o sald buildlnd by tlre or other ~aliy ~o the extent ot ........................ per ~nt or more ot the sound ~alue ot sald buildln~, ihs lessor may or ~y not elect to repair said buildln;; wrlt~en noli~ ot lessor's said election shall be diven lessee'wlthln fifteen days after the ~rren~ of sam damage; it said noti~ i~ not so divert, lessor ~nclusi~ely shall be deemed to have elected not to repair; in ihs event lessor elects not to repair smd buildlnd, then and in that eveni thi~ lease ~all ter~nate wlth ihs date ot said damage; but it the buildln~ in which sam leased premises ~e lo~ied be but partiallF destroy~ and the damage so ~sloned shall not amount to the extent indicated above, or if ;reater than said extent and les~r elects to repair, as aforesaid, then the lessor shall repair said buildin~ with all ~nve~ent speed and shall have the r~Eht to take p~ssion o~ and o~py, to the exclusion ot the lessee, all or any part oI said buildlnd in order to make the ne~ssa~ repairs, and the les~ hereby a~rees ~o vacate upon requesi, all or any part oI said buildin~ whlch the lessor may requlre for the purp~ oI maki~ ne~s~ry repairs, and Ior the peri~ oI time be~een the day ot ~c/t damage and until su~ repairs have ~en ~bstantlally completed there shah be ~ch an abatement ot rent as the nature of the injury or dama;e and it; inierteren~ wlth the ~pancy ot ~id leased pre~ses by ;ald les~ shall warrant; howe~er, ii the pre~ses be but slightly in,red and ihs damade so ~sloned shall not ~use any material interteren~ wlth the ~paiion of the pre~ses by said les~e, then there shall be no abatement ot rent and the lessor ~MI repair said damaEe with all ~e~ent speed. WAIVE~ O~ (15) Neiiher the le~or nor ihs Issue shall ~ llable to ihs other for I~s ~i~in~ out ot d~Ee to or destmctlon IUB~OGATION ~IGHT~ the leased premiss, or ihs buildln; or improvement ot which the lea~d pre~ses are a part or with which they are connected, or the contents ot any thereoI, when such I~s is ~u~d by any ot the ~rlls which ~e or ~uId be clud~ wlihln or in,red adalnst by a standard form of fire in~r~ with extended co;era~e, includlnE spri~ler leakade in~ran~, any. All ~ch claims for any and all loss, however ~u~d, hereby are wMved. Said ab~nce oI llabiliiy shall exist whether or not the damage or desi~ctlon is caused by the ne;li;en~ oI elther lessor or les~e or by a~ of ihelr respites a~ents, ~ants or employees. It is the intention and a~reement ot the lessor and the less~ that the rentals re~ by thls /ease have b~n tixed in ~ntemplaiion that ea~ party shall IuIIy provlde h~s own ]muran~ proiectlon at his own ex~nse, a~ lhat each party shMl l~k to ~s respective in~ran~ carriers tot reimbursement of any such Io~, and ~rther, that the in~ran~ ~rrlers invoI;ed shall not be entitled to dalion under any cir~mstan~s adalnst any par~ to ihls lease. Neither the les~r nor the Issue shall have any inierest or claim in the other's in~ran~ policy or policies, or the pro,sds thereot, u~ess s~cifi~lly co~ered therein as a joint assured. ~INg~ (1~] In ~se o~ the condemnation or appropr~atlon ot aH or anF ~bstantiM part oI the ~id de~;~ pre~ses by any DOMAIN publlc or prlvaie corporaiion under the laws ot eminent dom~n, this lea~ ma~ be fer~nated at the option of elther pariy hereto on ~enty days written noti~ to the other and in that ca~ the less~ ~MI not be l]~le Ior any rent after the date lessee's removal trom the FO~ SALE (1~) Durln; the perl~ ot ............................ day~ prlor to ihs date a~ve tix~ tot ihs ter~natlon oI ~ld lea~, the A~ FO~ RENT lessor herein maF ~ on said pre~ses or in the wlndows thereot ;iin; of m~erate slze notltyini the public tIGN~ the pre~ses are "for sale" or "tot rent" or "tot lea~ : DELWE~ING UP (]8] At the explratlon ot ~]d term or upon ~y s~ner ter~tlon thereot, the Issue wifl quit and deH;er up PREMISES ON TE~INATION leased premises and all tu~re erections or additions ~o or u~n the same, brim-clean, ~o the lessor or tho~ lessor's estate in the premises, pea~abiy, quietly, and in as d~d order and condltlon, reaso~ble use and wear there- of, damage by tlre, unavoidable cavalry and the elements a/one excepted, as the ~ are now in or hereatier ~y be put in by the lessor. COVENANTS OR ~CEPTION~ ATTACHMENT PROVIDED, ALWAYS, and these presents are upon this condition, that if the lessee shall be in arrears in the payment ]~ANKRUPTCY of said rent for a period of ten days after the same becomes due, or if said lessee shall fall or neglect to do, keep, per- DI~FAULT form or observe any of the covenants and a~reements contained herein on lessee's part to be done, kept, performed and observed and such default shall continue for ten days or more after written notice of such failure or ne~,lect shall be ~iven to lessee, or if said lessee shall be declared bankrupt or insolvent accordln~ to law, or if any assignment of lessee's propert~ shall be made for the benefit of creditors, or if on the expiration of this lease lessee fails to surrender possession of said leased premises, then and in either of said c~ses or events, the lessor or those havln~ lessor's estate in the premises, lawfully, at his or their option, im- mediately or at any time thereafter, without demand or notice, may enter into and upon said den~sed premises and ever~ part thereof and repossess the same as of lessor's former estate, and expel said lessee and those clalmln~ by, through and under lessee and remove /essee's effects at lessee's expense, forcibly if necessary and store the same, all without beln~ deemed ~uiIty of trespass and without preiu- dice to any remedy which otherwise might be used for arrears of rent or precedln~ breach of covenant. fieLDING In the event the lessee for any reason shall hold over after the expiration of this lease, such holdin~ over shall not OVER be deemed to operate as a renewal or extension of this lease, but shall only create ~ tenancy from month to month which may be terminated at will at any time by the lessor. ATTORNEY In case suit or action is instituted to enforce compliance with any of the terms, corena.its or conditions of this /ease, FENS AND COURT COSTS or to collect the rental which may become due hereunder, or any portion thereof, the losln~ party a~rees to pay such sum as the trial court may adjudge reasonable as attorney's fees to be allowed the prevailln~ party in such suit or action and in the event any appeal is taken from any judgment or decree in such suit or action, the losln~ party a~rees to pay such further sum as the appellate court shall adjudge reasonable as prevailln~ party's attorney's fees on such appeal. The lessee a;rees to pay and dlschar~e all lessor's costs and expenses, includln~ lessor's reasonable attorney's fees that shall arise from en- forcln~ any provision or covenants of this lease even though no suit or action is instituted. WAIVNE 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 continuln~ waiver, and shall not operate to bar or prevent the lessor from declarln; a forfeiture for any succeedin~ breach, either of the same condition or covenant or otherwise. NOTICES Any notice required by the terms of this lease to be ~iven by one party hereto to the other or deslred so to be ~iven, shall be sufficient if in wrltln~ contained in a sealed enveIope, deposited in the U. S. Registered Mails with postage fully prepaid, and if intended for the lessur herein then if addressed to said lessor at No ................................................................................... Street ....... ~].~,~.~ ....................... .O.~.~.~:~Q_~ ................................. and if intended for the lessee, then if addressed to the lessee at No. .... 2.0_.E ..... Main .................................. Street ....... A~.h.!_..a...n__~ ........................ .0_r__e.$.o._n__ .............................. Any such notice shall be deemed conclusively to have been delivered to the addressee thereof torty-ei~ht hours after the deposit thereof in said U. S. Registered Mails. HEIRS AND All rights, remedies and llabiIitles herein ~iven to or imposed upon either of the parties hereto shall extend to, inure ASSIGNS to the benefit of and bind, as the circumstances may require, the heirs, executors, administrators, successors and, so far as this /ease is assignable by the term hereof, to the assigns of such parties. In construln; this lease, it is understood that the lessor or the lessee may be more than one person; that i! the context so requires, the sln~ular pronoun shall be taken to mean and include the plural, the masculine, the feminine and the neuter, end that ~enerally all ~rammatfcai chan~es shall be made, assumed and implied to make the provisions hereof apply equally to corporations and to indl- vlduals. IN WITNESS WHEREOF, the respective parties have executed this instrument in duplicate on this, the day and year first hereinabove written, any corporation signature bein~ by authority of its Board of Directors. Tuns Ball gONG ~.'~-~:~..,-~. ~.~'~CITY OF ASHLAND, a Municipal Corp. ....................................... ........... , ....... ....... ...... ................................