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HomeMy WebLinkAboutLease - Mae Richardson Parking Lot Construction LEASE: Mae Richardson Elementary School DATE: 2- , 2021 BETWEEN: City of Central Point ("Landlord") 140 S 3rd Street Central Point. Oregon 97502-2216 AND: Central Point School District No. 6 ("Tenant") 300 Ash Street Central Point, Oregon 97502-2279 RECITALS A. Tenant is the owner of certain real property located in Jackson County, Oregon and commonly known as Township 37 South, Range 2 West,Section 10AB, Tax Lot 1200, which is the Mae Richardson Elementary School (the "MRE Property"). B. Landlord is the owner of certain real property located in Jackson County. Oregon and commonly known as Township 37 South, Range 2 West, Section 10AB,Tax Lot 1300 (the"City Property"). C. The City of Central Point Community Development Department has granted conditional approval for Tenant to construct a parking lot with landscaping (the "Proposed Improvements")on the MRE Property and a specific portion of the City Property. That portion of the City Property that is leased pursuant to this Agreement (the "Premises") is depicted in Exhibit"A". attached hereto. D. Tenant desires to lease from Landlord and Landlord desires to lease to Tenant the Premises subject to the terms and conditions contained herein. AGREEMENT NOW, THEREFORE. for and in consideration of the mutual covenants hereinafter contained, Landlord and Tenant (the "Parties") agree as follows: 1. Recitals. The above-stated Recitals are incorporated herein and deemed a material part of this instrument. 2. Term. This Lease shall commence on July 1. 2021 (the "Effective Date") and shall terminate on the same day in 2022. 3. Rent. Tenant shall pay as base rent the sum of One Dollar ($1.00), payable within 30 days of the Effective Date. Any other sum that Tenant is required to pay pursuant to this Lease shall be additional rent. LEASE: Mae Richardson Elementary School Page 1 of 4 4. Permitted Use. The Premises shall be used for additional parking spaces, ingress and egress, landscaping, and storm water management associated with the MRE Property. Tenant's use of the Premises shall conform to all applicable laws and regulations. Tenant shall conform to and not do any act violating any covenants, conditions, or restrictions affecting the Premises. 5. Tenant's Use and Obligations. Tenant shall keep the Premises in good and clean condition and shall not store trash or allow any unsightly condition to occur. Tenant intends to make permanent improvements and alterations to the Premises, as illustrated on Exhibit"A". The Parties acknowledge that some existing fencing along N. Haskell St. may be removed by Tenant. Tenant acknowledges that Landlord has no duty to insure the Premises. 5.1 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 shall, at Landlord's option, be removed by Tenant and the Premises restored unless the applicable Landlord's consent or work sheet specifically provides otherwise. Notwithstanding the foregoing, Tenant shall not be required to remove any of the improvements or alterations completed pursuant to Exhibit "A" attached hereto. 6. Liens. Except with respect to activities 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 liens. If Tenant fails to pay any such claims or to discharge any lien, Landlord may do so and collect the cost as additional rent. Any amount so added shall bear interest at the rate of 12% per annum from the date expended by Landlord and shall be payable on demand. Such action by Landlord shall not constitute a waiver of any right or remedy that Landlord may have due to Tenant's default. Notwithstanding the foregoing, Tenant may withhold payment of any claim in connection with a good-faith dispute over the obligation to pay if Landlord's property interests are not jeopardized. If a lien is filed because of nonpayment, Tenant shall within 10 days after knowledge of the filing secure a discharge of the lien or deposit with Landlord cash in an amount sufficient to discharge the lien plus any costs. attorney fees, and other charges that could accrue from foreclosure or sale under the lien. 7. Indemnification. Tenant shall indemnify and defend Landlord, and Landlord's elected officials, employees, and agents from any claim, loss, or liability arising out of or related to any activity of Tenant, and Tenant's elected officials, officers, employees, agents, volunteers, and invitees, on the Premises or any condition of the Premises in the possession or under the control of Tenant, unless such condition is caused by or occurred through the negligence of Landlord on the Premises or any condition of the Premises in Tenant's possession or control. Landlord shall have no liability to Tenant for any injury, loss, or damage caused by third parties, or by any LEASE: Mae Richardson Elementary School Page 2 of 4 condition of the Premises except to the extent caused by Landlord's negligence or intentional or fraudulent act or omission or Landlord's breach of duty under this lease, or such acts by Landlord's agents. employees. 8. Liability Insurance. Before going into possession of the Premises, Tenant shall procure and thereafter during the term of the lease shall continue to carry the following insurance at Tenant's cost: commercial general liability policy (occurrence version) with a responsible company with coverage for bodily injury and property damage liability, personal and advertising injury liability, and medical payment with a general aggregate limit of not less than $2,000,000 and a per occurrence limit of not less than $1,000,000. Such insurance shall cover all risks arising directly or indirectly out of Tenant's activities on or any condition of the Premises whether or not related to an occurrence caused or contributed to by Landlord's negligence. Such insurance shall protect Tenant against the claims of Landlord on account of the obligations assumed by Tenant under Section 7 and shall name Landlord as an additional insured. Certificates evidencing such insurance and bearing endorsements requiring 10 days' written notice to Landlord prior to any change or cancellation shall be furnished to Landlord prior to Tenant's occupancy of the property. 9. Default, Termination. & Damages. Failure of Tenant to comply with any term, condition, or obligation of this Lease within 10 days after written notice shall constitute default. In the event of a default, the Lease may be terminated at the option of Landlord by written notice to Tenant. Whether or not the Lease is terminated, Landlord shall be entitled to recover damages from Tenant for default, and Landlord may reenter, 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 and without having accepted a surrender. Landlord shall not be required to relet the Premises. In the event of termination or retaking of possession following default, Landlord shall be entitled to recover the reasonable costs of reentry including the cost of cleanup. refurbishing. and/or removal of Tenant's property. If Landlord lawfully retakes possession, the Proposed Improvements located on the Premises will become the Landlord's property. 10. Attorney Fees and Costs. If any suit or action is filed by any party to enforce this instrument or otherwise with respect to the subject matter of this instrument, the prevailing party shall he entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and/or appellate court. 11. Notices.All notices shall be in writing and shall be deemed to he delivered three (3) days after deposit with the USPS. certified mail. return receipt requested, sent to the addresses located on the first page of this instrument. 12. Miscellaneous. No part of the Premises may he assigned or subleased without the prior written consent of Landlord. This Lease may be amended only by LEASE: Mae Richardson Elementary School Page 3 of 4 written instrument executed by the Parties. This Lease shall be governed by the laws of Oregon. Exclusive venue and jurisdiction for any dispute concerning this Lease shall be in Jackson County. Oregon. Time is of the essence for this Lease. 13. Authorization by Respective Governing Bodies. The Parties acknowledge and agree that this Lease is contingent upon approval by the City of Central Point City Council (the "Council") and the Central Point School District No. 6 School Board (the "Board"). Both Parties shall act promptly in obtaining the necessary authorizations. If the Council or Board fails to provide authorization, the party lacking the authorization shall promptly notify the other party in writing and this Lease shall terminate without further notice and be of no further force or effect. IN WITNESS WHEREOF, the Parties have executed this Lease as of the date set forth above. LANDLORD: By: Chris Clayton' Its: City Manager TEN By: Wag Davenport Its: Superintendent LEASE: Mae Richardson Elementary School Page 4 of 4 1 �6 <\\ - NEIL �;►, ,?:,--\''\\ ... ..•• E c-,\L %," X\\ . „407'" \ '--.'\''' AK \ \ __ _ 7 �� r cot \ ods'/�'_! /"i vz, lk, . .' e so w ' � ...o.. • }'''\ / a o V a \\ 5 E- I z 4 y Q E \\ a M ,cam.. \ C \ c` Y = E- W <o • \\ . E' W U \ s ¢a O •\ � i Waw \ I? ''`"S \ Is c ma \ W I Wi \ f ho ''H cc Z P. y c,'"5 lc' r# , fra FN'' aw mii�I z�} s 4 J. L.!. V 1_i 4.