HomeMy WebLinkAboutD.I.R.T and Skyrman Park Arboretum BuildingCOMMERCIAL LEASE AGREEMENT
SKYRMAN ARBORETUM
Lffectire Date: �vo�xxL j%AlaQ 1\
BehNeen: CI'T'Y OF C'FN'I RAL POINT ("Landlord")
an Oregon municipal corporation
140 S. Third Street
Central Point. OR 97502
And: DIRhCI INVOLVLM1ILN f RLCRLA HUN II W1 TING (l count)
an Oregon nonprofit corporation
4588 N. Pacific Highway
Central Point, OR 97502
Landlord leases to Tenant, and Tenant leases from Landlord the following
described properl.N (the "Premises-) on the terms and conditions stated below.
Approximately 1369 square feet of commercial otficeiclassroom
space, consisting of the Skyrinan Park Arboretum budding located
at 4588 N Pacific Highway. Central Point, Oregon including the
surrounding grounds, walkways and parking areas The Premises
shall include Tenant's right to use of the CIty-owned refrigerator.
tables and chairs. [lie Premises are depicted on the site plan,
attached hereto as Fxhibu "A "
tenant shall lla\'e the right to seasonable use of the areas within and surrounding
the building in the manner in which such areas are improved. consistent with the terms of
this lease. Penant's use of such areas is in common with I andlord and is subject to
reasonable regulation. Tenant e use of the Premises includes periodic use of the cabin
depicted on Fxhibit "A". lloweser, use of the cabin is restricted to occasional use and
shall not be used for regular classes, camps of office space.
Section 1. OccupancA
1.1 Original Term. The tern of this lease shall commence on
.l9 .a0\4 The term of this lease shall continue fir a period of one ( I ) year
follo"ing the commencement date. unless sooner terminated as hereinafter provided
1.2 Renewal Terms. If the ]caw is not in default when the renewal term is to
commence, this Lease shall automatically renew for three (3) suceessiNe terms of one
year each as follows:
(a) The renewal term shall commence on the day following expiration
of the immedialch preceding term.
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(h) Unless Landlord or lenanl provides svitlen notice to the other of
its intent not to renew the lease. gis en not less than three (3) months before the last dad of
the expiring term, this Lease shall automaltcalh renew as prasided in this Section 1 _
(c) The terms and conditions of the Lease for the renessal term shall be
identical with the original term except that Tenant [sill no longer hale an} option to
further renes.
Section 2. Rent
2.1 Rase Rent. During the first year of the term and each pear thereafter.
Tenant shall pad to landlord, as base rent, the sum of $1 00 per year.
2.2 Additional Rent. All insurance costs and maintenance that 'I enant is
required to perform under this Lease and anN other sum that tenant is required to pay it,
I andlord or thud part} shall be additional rent.
Section 3. Use of the Premises
3.1 Permitted Ilse. The Premises shall he used for em ironmental education
for children, office., public events, lainih education, and child development actiNnies.
Such education shall be geared tossard education specific to the flora and fauna located at
the Premises
3.2 Restrictions on Use In connection ssith the use of the Premises. Tenant
shall
(1) C'untium to all applicable Inas and regulations of any public authority
affecting the Premises and the use, and correct, at Tenant's URn espense, am ladure of
compliance created through Tcount's fault or by reason of I enant's use. but Tenant shall
not be required to make any structural changes to affect such compliance unless such
changes are required because of I enant's specific use.
(2) Refrain front any actisity that asould make it impossible to insure the
Premises against casualgt mould increase the insurance rate. or r4ould present Landlord
from taking adsantage of any ruling of the Oregon Insurance Rating Buueau, or its
successor, allowing Landlord to obtain reduced premium rates for long-term fire
insurance policies, unless Tenant pat s the additional cast of the insurance.
(3) Refrain from am use that Mould be reasonahl} offensive to other tenants
or owners or users of neighboring premises ar that ssould lend to create a nuisance or
damage the reputation of the Premises.
(4) Refrain from loading the electrical system or floors beyond the point
considered safe b} a competent engineer or architect selected b} Landlord, ashich
limitations shall he communicated to Tenant in writing.
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(5) tenant shall not cause or permit any Hazardous Substance to be spilled.
leaked, disposed of, or other%Nisc released on or under the Premises. Tenant nmy use or
other�Nisc handle on the Premises only those Hazardous Substances tcpicall} used or sold
to the prudent and safe operation of the business specified in Section 3.1. Tenant may
store such Ilazardous Substances on the Premises only in quantities necessaq to satisfy
fenant's reasonably anticipated needs. I enant shall comply NNitlt all Em ironmental Laus
and exercise the highest degree of care in the use. handling, and storage of I lazardous
Substances and shall take all practicable measures to minimize the quantity and toxicity
of Hazardous Substances used, handled, or stored on the Premises, upon the expiration
or termination of this lease, Tenant shall remoNe all Hazardous Substances from the
Premises Nyhich Tenant. or Tenant's agents. employees, guests or mnitces. caused or
permitted to be placed on the Premises The term Pmironmental Law shall mean any
federal. state, or local statute, regulation, or ordinance or am judicial or other
gotermental order pertaining to the protection of health, safety or the em iromnent. rhe
tern Ilazardous Substance shall mean amhazardous, toxic, infectious or radioactiNe
substance, waste. and material as defined or listed by am Environmental Law and shall
include, without limitation. petroleum oil and its fractions
Section a. Repairs, Maintenance, Replacements and other Duties.
4.1 Landlord's Obligations. Dunng the term of this I case, Landlord shall be
obligated to maintain and perform the tbllcosing:
ill Repairs, maintenance and replacements of roof and gutters, exterior walls
(including painting). bearing walls, structural members, sub-floor. and foundation.
(2) Repairs, maintenance and replacement of interior and exterior water,
sewage. gas, and electrical utility lines located on the Premises.
(3) Maintenance of all landscaping and «alkways and the parking area on the
Premises.
(4) Remodeling of Skynnan building as deemed necessaiy by I andlord in its
sole discretion
(6) Repairs, maintenance and replacement of the heating and air conditioning
ssstem for the Premises.
(7) Repairs, maintenance and replacement of all sidex%alks along the exterior
boundaries of the Premises
(S ) Purchase and maintenance of ref igerator to he located in the building
(9) Installation and maintenance of signage for Premises
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(10) Periodic janitorial service to Skyrman house as deemed necessary in
1 andlord's sole discretion.
( I I ) Provide for connection of Premises to City sewer within the first term of
the Lease and provide portable restroom facilities for camp programs or public events
until such connection is accomplished.
(12) Prepare and provide education materials, brochures, etc, regarding the
Skvrman Arboretum for public distribution
4.2 Tenant's Obligations. the follottmg shall he the responsibility of
Tenant
(1) Repairs, maintenance and replacements of (including painting). interior
walls, ceilings, doors. windows. and related hard"are, flooring. light fixtures, and
switches plugs within the Premises
(2) Any repairs, maintenance and replacements necessitated by the negligence
of Tenant, its agents, employees. and invitees. except as provided in Section 6.2 dealing
with rraiser 01' subrogation but including repairs that would otherwise be the
responsibility of Landlord under Section 4 I.
(?) Prol lde routine janitorial ser ices and maintain the Premises in a neat and
orderly condition
t4) Deselop recreational classes and camps designed specifically for the
Sky rman Arboretum, including local llora and launa.
(5) Develop site-specific educational materials for D 1 R T. programs offered
at the Premises and tumish and supply all expendable materials necessary to carry out its
programs while furnishing serices on the Premises
(6) Tmin and provide an adequate number of competent personnel to
superise all activities on the Premises Tenant shall enforce all of Landlord's rules,
regulations. and policies while superising activities or programs on the Premises.
'Tenant shall ensure its employees and Nolmtteers complete and successfully pass the City
of Central Point's application and background check requirements prior to performing
any services at the Premises. City cvdl pap the cost of any such background check.
(7) Ensure Premises remain locked and secured outside Tenant's regular
business hours.
Repairs, maintenance and replacements performed by Landlord and'or 'tenant
shall comply with all applicable laws and regulations
4.3 Reimbursement for Repairs Assumed. If either party fails or refuses to
make repairs, maintenance or replacements that are required by this Section 4, the other
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pain may male the repairs and charge the actual costs of the repairs, maintenance and
replacements to the first party. Such expenditures ,hall be reimbursed by the first parte
on demand together with interest at the rate of twelve percent (129,,) per annum from the
date of expenditure. Such expenditures by I enant may be deducted from rent and other
payments subsequently becoming due if not repaid by Landlord within 30 -days of the
expenditure. Pxcept in an emergency creating an immediate risk of personal injury or
property' damage, neither party may perform repairs which arc the obligation of the other
party and charge the other party for the resulting expense unless at least 15 daps before
work is commenced, the defaulting party is given notice in writing outlining with
reasonable particularity the work required, and such pang fails within that time to initiate
such work in good faith.
4.4 Inspection of Premises. Landlord shall hayc the right to inspect the
Premises at am' reasonable time or tines, upon reasonable notice. to determine the
necessity of repairs, maintenance or replacements. Whether or not such inspection is
made, the duty of Landlord to begin repairs. maintenance or replacements shall mature
within Is day s after Landlord has received from Tenant written notice of the work that is
required. Landlord shall complete any repairs required of Landlord %\ithin a reasonable
timeframe considering the nature and extent of the repair.
4.5 Landlord's Interference with Tenant. In pertiirmng any repairs.
replacements, alterations. or olhci work performed on or around lire Premises, Landlord
shall not cause unreasonable interference with use of the Premises by Tenant Tenant
shall hayc no right to an abatement of rent nor any claim against Landlord lair air
incomenience or disturbance resulting from Landlord's actiymcs performed in
conformance with the requirement of this provision.
4.6 Scheduling/Registration D.I.R.T. Programs at Arboretum
4.6.1 Registration for Programs Offered at the Premises. Landlord agrees to
pray ide class and camp registration Im I chant programs pa(y ided at the Premises through
Landlord's on -lane registration program I andlorl further agrees to publish D.I.R.T
programs provided at the Premises in its City Recreation Guide
4.6.2 Master Schedule. I andlord and 'fcnant shall develop a master schedule
for joint use of the Premises, including establishing minimum and maximum attendance
standards for particular events. Landlord and Icnant shall make a good faith effort to
schedule regular meetings in October, February, June or at such other times as mutually
agreed upon 67 the parties. At these meetings, Landlord and Fermat will rcyicw and
evaluate the status and condition of the Premises and confirm the upcon ing season
schedule for the Premises. Lyenls may' be cancelled by DIR Iprior to commencement in
the eycnt minimum registration requirements are not satisfied In addition. in the event
an unanticipated change of schedule is required, either party must provide the other party
written notice no less than 4s -days prior to the proposed change. Notwithstanding the
foregoing, where such change would impact an event which has I I already opened for
registration, 2) been published in the City Recreation Guide: 31 or otherwise would
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detrimentally impact a prextousl} planned cNent, such schedule change shdll not become
effective until the completion of such pre%iously planned exert, absent the written
consent of both Landlord and Tenant.
d 63 Registration Fees — D.I.R.T Events. Landlord shall collect any
registration tees lot Tenant's programs on Tenant's behalf to be used to cover the cost of
providing of such programs and shall distribute such lees to lenant within 15-days of
receipt of monthly invoice trom DIRT for paNment of such tees.
Section 5. Alterations
5.1 Alterations Prohibited. l enam shall make no improvements or
alterations on the Premises of any kind without first obtaining Landlord's written consent.
which consent shall not be unreasonably withheld. All alterations shall be made to a good
and workmanlike manner, and in compliance with applicable laws and budding codes.
As used herein. **alterations" includes the installation of computer and
telecommunications wiring, cables, and conduit.
5.2 Ownership and Removal of Alterations. All improvements and
alterations performed on the Premises by either Landlord or 'tenant shall be the property
of Landlord when installed unless the applicable Landlord's consent or work sheet
specifically provides otherwise. Improvements and alterations installed by tenant alter
the Commencement Date. shall at I andlord's option. be rennned by Tenant and the
Premises restored unless the applicable Landlord's consent or work sheet specilicalh
prop ides othem tse.
Section 6. Casualty Insurance
6.1 insurance Required. Landlord shall keep the Remises insured at
Landlord's expense against fire and other risks covered bN a standard lire insurance
polic} with an endorsement for extended coverage tenant 111,7 carry Smulat insurance
insuring the property of tenant on the Premises against such risks but is not required to
insure.
6.2 Waiver of Subrogation. Neither party shall be liable to the other (or to
the other's successors or assigns) lot am loss or damage caused by fire or any of the risks
enumerated in a standard lire insurance policN with an extended coverage endorsement,
and in the event of insured loss, neither party's insurance company shall have a
subrogated claim against the other. Each party agrees to use best efforts to obtain such an
agreement Gom its insurer it the policy does not cxpressh permit a waiver of
subrogation.
Section 7. Taxes; Utilities
7.1 Property Taxes. 'I enant shall pal as due all taxes (if anN) on its personal
property located on the Premises The Premises are exempt from anN real property taxes.
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7.2 Payment of Utilih Charges. I andlord shall pay when due all charges for
services and utilities incurred uh connection North the use. occupancy. operation, and
maintenance of the Premises, including (but not limited tot charges for fuel, water. gas.
electricity, sewage disposal (including street tee and other fees and systems deNelopment
charges bitted by the C'ihr of Central Point with its billings fur with t+ater and sewage
disposal charges), and power. Tenant shall pay when due all charges for routine janitorial
sen ices.
Section 8. Damage and Destruction
8.1 Partial Damage. If the Premises are partly damaged and Section 8.2 does
not apply. the Premises shall be repaired by Landlord at Landlord's expense. Repairs
shall be accomplished with all reasonable dispatch subject to interruptions and delays
from labor disputes and matters beyond the control of Landlord and shall be performed in
accordance with the proN inions of Section d 3.
8.2 Destruction. If the Premises are destroyed or damaged such that the cost
of repair exceeds 30 percent of the value of the structure before the damage, either part
mal elect to terminate the lease as of the date of the damage or destruction by notice
green to the other in writing not more than 45 days following the date of damage. In such
event all rights and obligations of the parties shall cease as of the date of termination If
neither para elects to terminate, landlord shall proceed to restore the Premises to
substantially the same form as prior to the damage or destruction. Work shall be
commenced as soon as reasonabh possible and thereafter shall proceed without
interruption except lir work stoppages on account of labor disputes and matters beyond
Landlord's reasonable control.
8.3 Damage Late in Renewal Term. If damage or destruction to which
Section 8.1 would apply occurs within 3-nhonths before the end of lease term, Landlord
or Tenant nay elect to terminate the lease by written notice to the other gnat within 30
days after the date of the damage Such termination shall halve the same effect as
termination under Section 8.2.
Section 9. Eminent Domain
9.1 Partial Taking. If a portion of the Premises is condemned and Section
9.2 does not apply, the lease shall continue on the following terms
( I ) Landlord shall be entitled to all of the proceeds of condemnation. and
'Tenant shall but e no claim against Landlord as a result of the condemnation. except for
that portion of the award which reflects the unantortiicd Value of any permanent
improvements to the structure of the building in which the Premises are located which
hate been installed and paid for b} Tenant following the commencement of lite lease
term. 'Tenant shall also be entitled to claim against the condemning authoriq for Its
moN mg expenses and associated expenses and damages.
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(2) Landlord shall proceed as soon as reasonably possible to stake such
repairs and alterations to the Premises as are necessary to restore the remaining Premises
to a condition as comparable as reasonably practicable to that existing at the time of the
condemnation
9.2 Total Taking. If a condemning authority takes all of the Premises or a
portion sufficient to render the remaining premises reasonabh unsuitable for the use that
Tenant was then making of the Premises. the lease shall terminate as of the date the title
Nests in the condemning authorities Such termination shall halve the same etfeet as a
termination under Section 9,111 1. Landlord shall be entitled to all of the proceeds of
condemnation. and "tenant shall halve no claim against Landlord as a result of the
condemnation, except for that portion of the award which reflects the unamortized Nalue
of am permanent tmproNements to the structure of the building in which the Premises are
located which halve been installed and paid for by Tenant following the commencement
of the lease term. Tenant shall also be entitled to claim against the condemning authority
for its moving expenses and associated expenses not coN Bred bN insm ance.
9.3 Sale in Lieu of Condemnation. Sale of all or part of the Premises to a
purchaser with the power of eminent domain in the face of a threat or probabilib, of the
exercise of the power shall be treated for the purposes of this Section 9 as a taking bN
condemnation.
Section 10. Liens, IndemnitY and Liability Insurance
10.1 Liens
(1) Except with respect to actin ities for which Landlord is responsible, Tenant
shall pay as due all claims for work done on and for services rendered or material
furnished to the Premises and shall keep the Premises free from any liens. 11 Tenant fads
to pap am, such claims or to discharge any lien, Landlord may do so and collect the cost
as additional rent Am amount so added shall bear interest at the rate of twehe percent
(12n/lo) per annum from the date expended by Landlord and shall be payable on demand.
Such action bN Landlord shall not constitute a waiNer of any right or remedy which
Landlord mac halve on account of Icnanl's default.
('_) Tenant nmp withhold payment of an} claim in connection with a good -
faith dispute oyer the obligation to pay. as long as I andlord's property interests are not
jeopardized. It a lien is tiled as a result of nonpayment, Tenant shall. within 10 daps after
knowledge of the tiling, secure the discharge of the hen or deposit with Landlord cash or
sufficient corporate surety bond or other surety satistactory to Landlord in an amount
sufficient it, discharge the hen plus an} costs, attorney fees, and other charges that could
accrue as a result of a foreclosure or sale under the lien.
10.2 Indemnification. Tenant shall indenmil) and defend Landlord from any
claim, loss, or liabilit} arising out of or related to any acts it} of Tenant on the Premises
or any condition of the Premises in the possession or under the control of Tenant
8 Commercial Lease
Landlord shall halve no liability to Tenant Ibr any inlup, loss, or damage caused be third
parties. or b} am condition of the Prenuses except to the extent caused b} Landlord's
negligence or intentional or fraudulent act or omission or I andlord's breach of duty under
this lease, or such acts b}I andlord's agents, employees.
10.3 Liability Insurance. Before going into possession of the Premises,
I errant shall procure and thereafter during the term of the lease shall continue to cam the
following insurance al Icount's cost commercial general liability policy (occurrence
version) in a responsible company pith coverage for bodily injury and property damage
Irabilrty. personal and adNerhsmg Inun liability, and medical Paynwnt With a limit of not
less than $1,000.000 combined single limit per occurrence Such msmance shall cover all
risks arising directh or indirectly out of I enant's activities on or an condition of the
Premises whether or not related to an occurrence caused or contributed to by Landlord's
negligence Such insurance shall protect Icount against the chains of Landlord on
account of the obligations assumed by Tenant under Section 10.2 and shall name
Landlord as an additional insured Certificates evidencing such insurance and bearing
endorsements requiring 10 dans' Written notice to Landlord prior to any change or
cancellation shall be furnished to Landlord prior to Tenant's occupancy of the property.
Section 11. Quiet Enjoyment; Estoppel Certificate; Subordination and
Attornment.
11.1 Quiet Enjoyment. Landlord warrants that it is the onner of the Premises
and has the right to lease them Landlord hill defend Tenant's right to quiet enjoyment of
the Premises from the lanthl claims of all persons during the lease term.
11.2 Estoppel Certificate. Fither party hill. nithm'_0 days after notice from
the other, execute and delver to the other party a cerliicate stating Whether or not this
(case has been modified and is in fill force and effect and specii'ving an} modifications
or alleged breaches by the other pain The certificate shall also state the amount of
monthly base rent, the dates to nhrch rent has been pard in adrarse, and the amount of
any security deposit or prepaid rent Failure to deliver the certificate within the specified
time shall be conclusk e upon the party from Whom the certificate Was requested that the
lease is in lull lbrce and effect and has not been modified except as represented in the
notice requesting the certificate.
113 Subordination. Am deed of trust. mortgage or other lien ("Mortgage-)
granted by Landlord which affects the Premises shall be and remain, as it may he
modified or extended, at all tones. a lien or charge on the Premises prior and superior to
the lien or charge of this (case
11.4 Attornment In the es cut the holder of any Mortgage forecloses its hien.
exercises any ponwr of sale or eNcrcises anp other rcmcdc under an} loan documents
encumbering the Premises. or in the en ent of com-eyance of title to the Premises by deed
in lieu of foreclosure. 1 errant agrees to accept and attorn to the purchaser of the Premises,
and its successors and assrpns as the nen Landlord of the Premises. and. until terminated
9 - Commercial Lease
pursuant to its provisions, this lease shall continue in full force and effect as a direct lease
between such purchaser and its successors and assigns and Tenant, with privity of
contract and with the same force and effect as if this lease had initialh been entered into
between them.
11.5 Self Operative Provisions. I he foregoing provisions of this Sections 11.3
and 11.4 shall be self-operatiNe and eflectrve without the execution of any further
instruments on the part of any party hereto.
Section 12. Assignment and Subletting
No part of the Premises ma} be assigned, mortgaged. or subleased. nor may a
right of use of am portion of the property be conferred on any third person by any other
means, without the prior written consent of Landlord, which consent shall not be
unreasonably dclaved or Nvthhcld. This prof inion shall apply to all transfers by operation
of law. If Tenant is a corporation or partnership, this proNision shall apply to any transfer
of a majority voting interest in stock or partnership interest of Tenant. No consent in one
instance shall preNent the proNision from applying to a subsequent instance. Landlord
shall consent to a transaction coNered by this provision when withholding such consent
would be unreasonable in the circumstances.
Section 13. Default
The following shall be eN ents of default'
13.1 Default in Rent. Failure of Tenant to pat am rent or other charge within
10 daN s after it is due.
13.2 Default in Other Covenants. Failure of renant to comply with any term
or condition or fulfill any obligation of the lease (other than the payment of rent or other
charges) within 30 days alter written notice by Landlord specifying the nature of the
default with reasonable particularity. If the default is of such a nature that it cannot he
completely remedied within the 30 -day period, this proNision shall be complied with if
Tenant begins correction of the default within the 30 -day period and thereafter, proceeds
with reasonahle diligence and in good faith to affect the remedy as soon as practicable.
13.3 Insolvene}. Insokency of Icnant an assignment by levant lbr the
benefit of creditors: the tiling by Tenant of a voluntary petition in bankruptcy, an
adjudication that Tenant is bankrupt or the appointment ol'a recciNei of the properties of
Tenant: the tiling of any imroluntarN petition of bankruptcy and failure of Tenant to
secure a dismissal of the petition Nrnhin 30 days after tiling: attachment of or the levying
Of cXccutwn on the leasehold interest and failure of I enant to secure discharge of the
attachment or release of the IeeN of eXecution within 10 dans shall constitute a default. If
Tenant consists of two or more individuals In business entities. the events of default
specified in this Section 13.3 shall apph to each indiNidual unless within 10 days after an
event of default occurs, the remaining indi%iduals produce eN idence satisfactory to
10—Commercial Lease
Landlord that they hu%e unconditionally acquired the interest of the one causing the
default. If the lease has been assigned, the events of default so specified shall apply only
with respect to the one then exercising the rights of tenant under the lease.
13.4 Abandonment. Failure of tenant for 15 dues or more to occupc the
Premises for one or more of the purposes permitted under this lease, unless such failure is
excused under other prop inions of this lease
Section 14. Remedies on Default
14.1 Termination. In the eNcnt of a default the lease play be terminated at the
option of Landlord by written notice to Tenant. Whether or not the [case is terminated by
the election of Landlord or otherwise, Landlord shall be entitled to recover damages from
Tenant for the default. and Landlord may reenter. take possession of the Premises. and
remo\e any persons or property by legal action or by self-help with the use of reasonable
force and without Irabrhtc for damages and without having accepted a surrender.
14.2 Reletting. Following reentry or abandonment, Landlord may refer the
Premises and in that connection may make any customary and suitable alterations or
refurbish the Premises, or both. or change the character or use of the Premises (exclusiNe
of capital improNement costs to the common areas), but Landlord shall not be required to
relet for any use or purpose other than that specified in the lease or which Landlord may
reasonabh consider injurious to the Premises, or to any tenant that Landlord may
reasonabh consider objectionable Landlord may re[et all or part of the Premises. alone
or in conjunction with other properties. for a term longer or shorter than the term of this
lease, upon any reasonable terms and conditions, including the granting of normal and
customary rent-] vee occupancy or other rent concessions.
14.3 Damages. In the event of termination or retaking of possession tollowing
default, Landlord shall be entitled to recover immediately. without waiting until the due
date of ane future rent or until the date fixed for expiration of the lease term, the
following amounts as damages:
(1) The reasonable costs of reentry and reletting including without limitation
the cost of any cleanup, refurbishing. removal of Tenant's property and fixtures, costs
incurred under Section 14 5. or any other expense occasioned by Tenant's default
including but not limited to, am remodeling or repair costs, attomey fees. court costs.
broker commissions, and adxerusing costs.
14.4 Right to Sue More than Once. Landlord may site periodically to recoNer
damages during the period corresponding to the remainder of the lease tern, and no
action for damages shall bar a later action for damages subsequently accruing
14.5 Landlord's Right to Cure Defaults. II 'I enant fails to pertorm any
obligation under this lease, Landlord shall hate the option to do so alter all days' written
notice to tenant All of I andlord's expenditures to correct the default shall be
1I — Commercial Lease
reimbursed b_c Tenant on demand with interest at the rate of tweh e percent (12"-.) per
annum from the date of expenditure by Landlord. Such action by Landlord shall not
Naive ann other remedies axailahle to Landlord because of the default.
14.6 Remedies Cumulative. The foregoing remedies shall be in addition to
and shall not exclude ane other rented) Mailable to Landlord under applicable law.
Section 15. Surrender at Expiration
15.1 Condition of Premises. Upon expiration of the (case terns or earlier
termination on account of default. Tenant shall deliver all keys to Landlord and surrender
the Premises in first-class condition and broom clean Alterations constructed by Tenant
with permission from Landlord shall not be removed or restored to the original condition
unless the terms of permission for the alteration so require. tenant's obligations under
this section shall be subordinate to the provisions of Section 8 relating to destruction.
15.2 Fixtures
( I ) All fixtures placed upon the Premises during the term. other than 1 enant's
trade fixtures, shall. at Landlord's option, become the properly of Landlord If Landlord
so elects. "tenant shall rennoxe amor all fixtures that would otherwise remain the
propem of Landlord and shall repair an} physical damage requiting tiom the remoNal If
Tenant fails to remoNc such fixtures. I andlord may do so and charge the cost to 'tenant
with interest at the legal rate from the date of expenditure.
(2) Prior to expiration or other termination of the [case term "tenant shall
remove all furnishings, furniture. and trade fixtures that remain its properq. If Tenant
fails to do so, this shall be an abandonment of the property. and I andlord mar retain the
properh and all rights of'lenant with respect to it shall cease 10 days following written
notice to Tenant of such abandonment. or, by notice in writing green to Tenant within 20
days alter removal was required. Landlord may elect to (told Tenant to its obligation of
removal. If Landlord elects to require 'I count to remove, Landlord may effect a remo�at
and place the property in public storage for Tenant's account tenant shall be liable to
Landlord for the cost of removal, transportation to storage. and storage, with interest at
the legal rate on all such expenses front the date of expenditure by Landlord.
153 Holdover
(1) If I enant does not vacate the Premises at the time required. 1 andlord shall
have the option to treat tenant as a tenant from month to month, subject to all of the
provisions of this lease except the provisions for tens and renewal. or to eject Tenant
from the Premises and recover damages caused by wrongful holdo%er. Padure of Tenant
to remove fixtures furniture, furnishings. or trade fixtures that "tenant is required to
remoNe under this lease shall constitute a failure to vacate to which this section shall
apply if the property not renuwed will substantially interfere with occupancy' of the
12 Commercial Lease
Premises by another tenant or with occupancy by Landlord for an} purpose including
preparation lot a nett tenant.
('_) If a month-to-month tenancy results from a holdover by Tenant under this
Section 15 3. the tenancy shall he terminable at the end of am monthly rental period on
wntten notice front Landlord giNen not less than 30 days prior to the termination date
which shall be specified in the notice. 'tenant waimes amnotice that would otherwise be
provided b7 law frith respect to a month-to-month tenancy.
Section 16. Miscellaneous
16.1 Nonwairer. Waiver b} either panv of strict performance of any proN ision
of this lease shall not be a waiver of or prejudice the park's right to require strict
performance of the same prom inion in the future or of any other prom ision.
16.2 Attorney Fees. If suit or action is instituted in connection with am
controNersv arising out of this lease, the pre%ailing parl� shall be entitled to recoNcr in
addition to costs such sum as the court ma} adjudge reasonable as attorney fees at trial,
on petition lin ret ic". and on appeal.
16.3 Notices. An} notice required or permitted under this lease shall be given
when actually delivered or 48 hours after deposited to united States mail as certified mail
addressed to the address first given in this lease or to such other address as may be
specified from time to time b% either of the panic, in wilting.
16.4 Succession. Subject to the abode -slated limitations on transfer of Tenant's
interest, this lease shall be binding on and inure to the benefit of the parties and their
respectime successors and assigns.
16.5 Recordation. Phis lease shall not be recorded without the ttTitten consent
of Landlord.
16.6 Entry for Inspection. upon reasonable notice. landlord shall have the
right to enter upon the Premises at ane time to determine Tenant's compliance with this
lease. to male necessary repairs to the building or to the Premises, or to show the
Premises to an\ prospective tenant or purchaser, and in addition shall hate the right, at
any time during the last four months of the terra of this lease, to place and maintain upon
the Premises notices for leasing or selling of the Prenuse,
16.7 Time of Essence. Time is of the essence of the performance of each of
'1 count's obligations under this lease. I his section shall not be construed to require
I cnanl to make nun-emergenc-N improvements to the Premises, prior to obtaining
adequate grant funding for such work
16.8 Good Faith Requirement. Nomilhstanding amthmg to the contrary'
herein, each party hereto shall act in good faith in a conunercmlly reasonable manner in
13 — Commercial Lease
discharging each and every one of its duties and obligations or in exercising its rights
under this lease
16.9 Authority. The person executing the I case on behalf of 'tenant hciehN
covenants and warrants that the es,ecution of this Lease has been dul} authorved by
Tenant, that I enant is qualified to do business in Oregon. and that the person signing on
behalf of tenant was authorized bN tenant to bind Tenant to this Lease. upon
Landlord's request, Tenant shall proe ide Landlord kith ee ideme sati sfacton to Landlord
confirming the foregoing covenants and warranties.
Section 17 Arbitration.
17.1 Disputes to Be Arbitrated. If any dispute arises between parties, either
party nmy request arbitration and appoint as an arbitrator an independent real estate
appraiser having knowledge of N'aluatron of rental properties comparable to the premises.
The other park shall also choose an arbitrator with such qualifications, and the neo
arbitrators shall choose a third. If the choice of the second or third arbitrator is not made
within 10 days of the choosing of the prior arbitrator, then either party ma} apply to the
presiding judge of the judicial district where the premises are located to appoint the
required arbitrator
17.2 Procedure for Arbitration. the arbitrator shall proceed according to the
Oregon statutes gmeming arbitration, and the mvard of the arbimuors shall have the
effect therein provided. '1 he arbitration shall tale place to the county where the leased
premises are located. Costs of the arbitration shall be shared equall*N by the parties. but
each part shall pay its own attorney fees incurred in connection with the arbitration
Wherefore, the parties haee caused this Lease to he executed as of the date set
forth aboe c.
CITI' OF CENTRAL POINT
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14 — Commercial Lease
DIRECT INVOLVEMENT
RECREATION T s. CHINO
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