HomeMy WebLinkAbout2005-225 Lease - Bryant
Real Property Agreement Between City of Ashland and Marty Bryant, September 2005
REAL PROPERTY SUB-LEASE AGREEMENT
THIS SUB-LEASE AGREEMENT is entered into by and between the CITY OF ASIILAND
(hereinafter referred to as "Sublessor") and MARTY BRYANT (hereinafter referred to as
"Sublessee").
IN CONSIDERATION of the mutual promises set forth herein, the parties agree as follows:
1. Definitions. In this Agreement, the following terms shall mean:
a. "Real Property" shall refer to the real property commonly known as 85 Winburn
Way, Ashland, Oregon.
b. "Sub-leased Property" shall refer to: (i) the building presently constructed on
the Real Property (currently used by Sublessor as a concessions operation, called
"Lithia Park Concessions"), together with (ii) any additions and improvements to
that building which are constructed or attached by the Lessee or Owners
c. "Owners" shall refer to: ROSANNA ROSEWOOD and MARC ROSEWOOD,
their successors, heirs or assigns (hereinafter referred to in this Agreement
collectively as "Owners").
d. "Sub-Lease" shall mean and refer to the sub-lease arrangement between
Sublessor and Sublessee which is established under this agreement.
e. "Sub-lease Term" shall refer to the entire term of the Sub-lease, including any
extensions if all parties (including Owners), prior to the termination of this
Agreement, mutually agree to such extensions. No promise, express or implied, is
made concerning any extension to this agreement.
f. "Hazardous Materials" shall refer to and include: (i) any and all substances
defined as "hazardous substances," "hazardous materials," or "toxic substances" in
the Comprehensive Environmental Response, Compensation and Liability Act of
1980, as amended (42 use Section 9601, et. seq.), the Hazardous Materials
Transportation Act (49 USC Section 1801, et. seq.), and the Resource
Conservation and Recovery Act (42 USC Section 6901, et. seq.); and (ii) any and
all substances which now or in the future are deemed to be pollutants, toxic
materials or hazardous materials under any other state or federal law.
2. Sub-lease. Sublessor hereby sub-lets the Real Property and Sub-leased property to
Sublessee, subject to all the terms and conditions contained in this Agreement.
3. Assienment and Sublease. Sublessee shall not assign or sub-lease his interest in the
Real Property without written consent of both Sublessor and Owners. Consent to
assign or sub-lease Sublessee's interest in the Real Property may be withheld for any
reason. Owners shall retain title to the Real Property, and Sublessee shall have the
right only to possess the Subleased Property during the term of this Sub-lease. Any
attempted assignment or subcontract without written consent of Sublessor shall be
void. Sublessee shall be fully responsible for the acts or omissions of any assigns or
subcontractors and of all persons employed by them, and the approval by Sublessor of
any assignment or subcontract shall not create any contractual relation between the
assignee or subcontractor and Sublessor.
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Real Property Agreement Between City of Ashland and Marty Bryant, September 2005
4. Sub-lease Term. This Agreement modifies the terms of the previous Agreement,
May, 2005. This sub-lease shall commence beginning on Monday Septerober 9, 2005,
and cease on Tuesday February 28,2006. Any terms of this Agreement that conflict
with the terms of the previous Agreement, May 2005, shall control.
5. Use and Access of the Real Property. Sublessee shall have full access to the
building, shall have a key to the building and a personal security code. Sublessee
shall use the Real Property solely for the purpose of operating a commercial
barbeque, the product to be sold by Sublessor to members of the public. Sublessee
shall not use or permit the use of the Real Property for any other purpose without the
advance written consent of Sublessor. Sublessee shall not use, or permit any other
person or entity to use, the Real Property in any manner which would create or tend
to create waste or a nuisance or would be unreasonably offensive to owners or users
of neighboring premises. Sublessee shall refrain from any activity which would
prevent Sublessor or Owners from insuring against loss or damage to the Real
Property or against personal injury or property damage, or which would significantly
increase the cost of insuring the Real Property against loss or damage by fire or other
cause. Sublessee shall not intentionally or unintentionally cause or permit any grease
or kitchen waste product or Hazardous Material to spill, leak or be discharged onto
the soil or other surface of the Real Property or be discharged into any storm drain,
sewer or other waste disposal system located on the Real Property which is not
specifically designed for, and intended to be used solely for, the retention and
disposal of that grease or kitchen waste product or Hazardous Material. In the event
of any such spill, leak or discharge, Sublessee shall file all reports, take all remedial
actions and pay all fines and other levies as shall be required by applicable federal,
state and local statute, ordinance, regulation and order. Sublessee shall not utilize
flashing lights, search lights, loudspeakers, phonographs, radios or televisions on or
about the Real property which can be seen, heard or experienced outside of the
boundaries of the Real property and which could reasonably be considen:d to be
offensive to owners or users of neighboring premises or members of the public.
Sublessee's use of the Real Property is not exclusive and shall be subject to and shall
not interfere with Sublessor's use of the Real Property for the purpose of retail food,
snacks and beverage concessions. Sublessee shall not use any consumable products
that have been purchased by Sublessor.
6. Compliance with Laws and Ordinances. Sublessee shall promptly con1ply with all
statutes, laws, ordinances, orders, judgments, decrees, injunctions, rules, regulations,
licenses, directives and requirements of all federal, state, county, municipal and other
governments, commissions, boards, courts, authorities, and officials, and any
companies or associations insuring the premises, which now or at any tinle hereafter
may be applicable to the Real Property or any part thereof, or to any use of or
condition of the Real Property or any part thereof. Sublessee shall remedy at
Sublessee's expense any failure of compliance created through Sublessee's fault or by
reason of Sublessee's use. Sublessee shall obtain all licenses necessary to use the
Real Property for the purposes permitted under this Agreement (including but not
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Real Property Agreement Between City of Ashland and Marty Bryant, September 2005
limited to business licenses and Health Department licenses), and those licenses shall
be issued in the name of Sublessee. Sublessee shall pay when due, and h~fore
delinquency, all license fees.
7. Sienaee. Sublessee shall have the right to erect one (1) sign on the Real Property
which is approved by and consistent with the guidelines of the City of Ashland and
which relate to Sublessee's business operations.
8. Sales Transactions and Use of Cash Reeister.
During the months of October, November and December 2005 and January 2006 and February
2006, Sublessee will have sole access to all sales transactions and use of the cash register, and
therefore, Sublessor shall have no duty to pay Sublessee during the months Sublessel~ has sole
access and use of the sales receipts and cash register.
9. Food and Beveraee Tax. Sublessee shall be solely responsible for the payment of
the Food and Beverage Tax pursuant to Ashland Municipal Code, Section 4.34.
Sublessor shall have no collection authority prior to the disbursement of Sublessee's
gross sales.
10. Rental Payments Required. Sublessee agrees to pay Sublessor a total of $8250.00,
which shall be made in six (6) periodic installments as detailed below:
a. First Installment is due on Sept 19, 2005, in the amount of $750.00.
b. Second Installment is due on Oct 19,2005, in the amount of$1500.00.
c. Third Installment is due on Nov 18, 2005, in the amount of $1500.00.
d. Fourth Installment is due on Dec 19,2005, in the amount of$1500.00
e. Fifth Installment is due on Jan 19,2006, in the amount of$1500.00
f. Sixth Installment is due on Feb 20, 2006, in the amount of $1500.00.
11. Cleanine. Sublessee is responsible for maintaining each area for which Sublessee
uses for food preparation. Each area for which Sublessee uses for food preparation
and cooking shall be cleaned by Sublessee and shall always remain sanitary.
12. Davs and Hours of Operation. Sublessee shall be subject to the days and hours of
operations of the Sublessor, as established by the Parks & Recreation Department.
Sublessor retains the right to change the days and hours of operations of Lithia Park
Concessions without consent from Sublessee. Except for emergencies, Sublessor
shall provide Sublessee at least five (5) business days notice prior to any change in
the days and hours of operation. No sales of Sublessee's products shall be made on
the Real Property, except during the days and hours of operation of Lithia Park
Concessions. Sublessee may prepare food at any time, regardless of the days and
hours of operation.
13. Cookine Facilities. Sublessee shall utilize an outdoor commercial barbeque for
cooking purposes. Ashland Fire Department must approve such barbeque prior to use
by Sublessee.
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Real Property Agreement Between City of Ashland and Marty Bryant, September 2005
14. Insurance Requirements. Sublessee shall provide liability insurance with amounts at
least as high as the liability limits for Sublessor as set forth in the Oregon Tort Claims
Act, ORS 30.265 et. Seq. Sublessee shall submit proof of required insurance to
Sublessor prior to the execution of this Agreement. Sublessee's insurance shall name
Sublessor (eity of Ashland) as an additional insured. Sublessee shall maintain such
required insurance throughout the term of this Agreement.
15. Independent Contractor Status of Sublessee. Sublessee is an independent
contractor and not an employee of Sublessor. Sublessee shall provide workers'
compensation coverage as required in ORS 656 for all persons employed by
Sublessee.
16. Indemnification. Sublessee agrees to defend, indemnify and save Sublesssor, its
officers, employees and agents harmless from any and all losses, claims, actions,
costs, expenses, judgments, subrogations, or other damages resulting frorYL injury to
any person (including injury resulting in death), or damage (including loss or
destruction) to the Real Property, of whatsoever nature arising out of or incident to
the performance of this contract by Sublessee (including but not limited to,
Sublessee's employees, agents, and others designated by Sublessee to perform work
or services attendant to this Agreement). Sublessee shall not be held responsible for
any losses, expenses, claims, subrogations, actions, costs, judgments, or other
damages, directly, solely, and proximately caused by the negligence of Sublessor.
SUBLESS~
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Real Property Agreement Between City of Ashland and Marty Bryant, September 2005
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