Smith Gerig Western Properties - Property lease at 8200 SW Hunziker Street for bulk storage COMMERCIAL LEASE
PARTIES: Smith Gerig Western Properties, L.L.C. ("Landlord")
PO Box 930
Wilsonville OR 97070
City of Tigard ("Tenant")
Public Works Department
13125 SW Hall Blvd
Tigard OR 97223
DATE: April 1, 2015
RECITALS
A. Landlord is the owner of the real property located at 8200 SW Hunziker Street,
Tigard, OR 97223. A portion of such real property consists of Fifteen Thousand(15,000) square
feet of outdoor storage space on a concrete pad within a locked and security fenced site at the
real property location("Premises"as noted in Exhibit A). There are no buildings or shelter,nor
any utility services provided or associated with the Premises.
B. Landlord desires to lease the Premises to Tenant, and Tenant desires to lease the
Premises from Landlord and utilize the Premises,on the terms and conditions set forth in this
Commercial Lease(the"Lease").
NOW THEREFORE, in consideration of the mutual covenants herein,the parties hereto
agree as follows:
AGREEMENT
1. Property Leased. Effective on the date set forth above, Landlord hereby leases the
Premises to Tenant, and Tenant hereby leases the Premises from Landlord,on the terms and
conditions set forth in this Lease.
2. Term.
2.1 The term of this Lease is for a period of one(1)year,commencing on
April 1,2015 ("Commencement Date") and ending at 11:59 p.m. on March 31, 2016
("Expiration Date"),unless sooner terminated or extended as provided in this Lease.
2.2 Tenant shall have the option to extend the Lease for up to four(4)
consecutive one(1)year periods. If Tenant wishes to exercise its option to extend the Lease,
Tenant must notify Landlord at least ninety(90)days prior to the expiration date of each term.
Landlord shall have the right to refuse to accept Tenant's exercise of the option to extend the
Lease. Landlord shall exercise such right by giving Tenant written notice of such refusal within
ten(10)business days of the date of Tenant's notice exercising the extension option. Landlord's
failure to provide Tenant with such refusal notice within the time period set forth in this section
shall constitute Landlord's agreement to the Lease extension.
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3. Rent.
3.1 During the Lease term and the first extension term(if Tenant exercises its
option to extend the Lease for the first extension term), Tenant shall pay Landlord monthly rent
for the Premises in the amount of Two Thousand Two Hundred Fifty Dollars($2,250.00). If
Tenant extends the term of the Lease for a second,third, and/or fourth term as provided herein,
effective April 1,2017,monthly rent shall increase by three percent(3%)to Two Thousand
Three Hundred Eighteen Dollars($2,318.00)per month during each such extension term through
March 31, 2020.
3.2 Rent shall be payable in monthly installments in advance on the first day of
each and every calendar month during the term of this Lease. Rent payments shall be delinquent
if not paid within ten(10)days after written notice of nonpayment from Landlord to Tenant.
Tenant is responsible for payment without notice or invoice from Landlord.
3.3 On the Commencement Date,Tenant shall deliver to Landlord the amount of
Two Thousand Two Hundred Fifty Dollars($2,250.00)as rent,to be applied to rent due for the
first month of the Lease term.
4. Security. There is no security deposit except as stated in Section 5.1.
5. Condition of Premises. Landlord represents and warrants to Tenant that the
Premises are in good order, condition,and repair as of the Commencement Date.
Notwithstanding any other term of this Lease, if such representation and warranty is inaccurate,
Landlord, at its sole cost and expense,shall repair and replace any part of the Premises or its
systems that was not in good order,condition, or repair on the Commencement Date. Tenant
acknowledges that no tenant improvements,replacements,or upgrades for Tenant's benefit are
provided for under this Lease or shall be made to the Premises by Landlord,unless agreed to in
writing by Landlord and Tenant.
5.1 Landlord will provide Tenant with ten(10)gate entry devices as apart of
this Lease. Tenant will return all gate entry devices to Landlord at the expiration or earlier
termination of the Lease. If Tenant requires additional gate entry devices,Landlord shall charge
Tenant an additional gate entry device deposit in an amount not to exceed Thirty-Five Dollars
($35.00) for each additional gate entry device. All gate entry devices are the sole property of
Landlord, and are provided for the use of Tenant. On the Commencement Date, Tenant will
deposit with Landlord Three Hundred Fifty Dollars($350.00) as a gate entry device deposit. On
the expiration or earlier termination of the Lease,Tenant shall return the gate entry devices to
Landlord and Landlord will refund the gate entry device deposit and any additional deposits fully
upon the return of all gate entry devices issued to Tenant. Gate entry devices not returned by
Tenant will be charged to Tenant by the amount as stated.
6. Use of Premises.
6.1 Tenant shall use the Premises during the term of this Lease for City of Tigard
Public Works Department use as outdoor storage space for materials and equipment, and all
activities incidental to such use and for no other purpose without Landlord's prior written
consent.
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6.2 In connection with the use of the Premises, Tenant shall:
6.2.1 Comply with all applicable laws and regulations affecting the
Premises and Tenant's use of the Premises, and correct, at Tenant's own expense, any failure of
compliance created solely through Tenant's fault or by reason of Tenant's particular use;
provided, however,Tenant shall not be required to make any structural changes to effect such
compliance.
6.2.2 Refrain from any activity that would make it impossible to insure the
Premises against casualty or would substantially increase the insurance rates over the insurance
rate as of the Commencement Date.
7. Utilities. There are no utilities provided to the Premises by Landlord.
8. Repairs and Improvements.
8.1 During the term of this Lease, Landlord, at Landlord's sole cost and expense,
shall (a) repair, maintain, and replace, as necessary, the security fencing and automated gate lock
system of the Premises and(b) keep clear all ingress and egress to the Tenant space. Landlord is
not obligated to repair or replace any such items damaged by Tenant or its employees, agents,
contractors, or invitees,which damage shall be repaired or replaced by Tenant at Tenant's sole
cost and expense. Tenant shall have ninety(90) days after written notice from Landlord to make
any repairs or replacements required to be made by Tenant under this section. Any such repairs
or replacements shall return the Premises to satisfactory condition based on the condition of the
Premises prior to the need for repair or replacement, as mutually agreed upon my Landlord and
Tenant. Except as provided in this Section 8.1, Tenant has no obligation for repair or
maintenance of the Premises or replacement of any items located on the Premises.
8.2 Tenant shall not make any alterations, additions, or improvements to the
Premises without the prior written consent of Landlord, which shall not be unreasonably
withheld. All alternations, additions,or improvements made by Tenant shall comply with
applicable laws in effect at the time they are made, the terms of this Lease, and any plans and
specifications approved by Landlord. Any alterations, additions, or improvements to or upon the
Premises, whether installed by Landlord or Tenant, shall be and remain as part of the Premises at
the expiration or earlier termination of this Lease; provided, however, that on the expiration or
earlier termination of the Lease and upon demand by Landlord, Tenant shall, at Tenant's sole
cost and expense, remove only those alterations, additions, or improvements made by or for the
account of Tenant, that are designated by Landlord in its consent to the alterations, additions, or
improvements to be removed, and repair and restore the Premises to their original condition,
subject to ordinary wear and tear.
8.3 Landlord reserves, and at any and all times shall have, the right to repair or
maintain the Premises. Landlord's representatives and contractors for that purpose may enter in
or about the Premises on not less than forty-eight(48)hours' prior written notice to Tenant, with
such materials as Landlord may deem necessary therefor,provided that entrance to the Premises
shall not be blocked thereby, and further provided that the business of Tenant shall not be
interfered with unreasonably.
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9. Landlord's Right of Entry. On forty-eight(48)hours' prior written notice and
during normal business hours(except in an emergency in which event,no notice is required)
Landlord and Landlord's agents and representatives shall have the right to enter into or upon the
Premises for the purpose of examining the condition of the Premises or for any other lawful
purpose. Landlord or Landlord's agents must be accompanied by a representative of Tenant each
time Landlord or Landlord's agents enter the Premises.
10. Right of Assignment. Tenant shall not assign or transfer this Lease, or any interest
herein, or permit any other person or entity to occupy the Premises,without the prior written
consent of Landlord,which shall not be unreasonably withheld. No assignment or sublease, or
consent thereto by Landlord, shall relieve Tenant, either wholly or partially, from its obligations
under this Lease,unless agreed to in writing by Landlord.
11. Liens. Tenant shall defend, indemnify, and hold Landlord harmless from and
against any and all mechanics and other liens and encumbrances filed in connection with any
work,labor, services,or materials done for or supplied to Tenant in or about the Premises.
Tenant, at its expense, shall procure the satisfaction or discharge of record of all such liens and
encumbrances of record within thirty(30)days after the filing thereof;provided,Tenant may
contest, in good faith and at its own expense, any lien,provided Tenant posts for the protection
of Landlord security in an amount and form acceptable to Landlord or bonds around the lien as
provided by law.
12. Indemnity.
12.1 Except if caused in whole or in part by the negligence or willful misconduct
of Landlord or its shareholders,officers,directors, employees, agents, or representatives,within
the limits of the Oregon Tort Claims Act,Tenant shall defend(with counsel reasonably
acceptable to Landlord),indemnify, and hold Landlord harmless from and against all liabilities,
damages, claims, losses,judgments,charges, and expenses(including reasonable attorney fees
and costs) arising from or in any way related to (a)the use of the Premises by Tenant or its
agents, employees, and invitees, (b)the conduct of Tenant's business on the Premises, (c) any
activity,work,or thing done or permitted by Tenant in or about the Premises, and/or(d)Tenant's
failure to perform any covenant or obligation of Tenant under this Lease. Tenant's agreement to
indemnify Landlord pursuant to this Section 12.1 is not intended to and shall not relieve any
insurance carrier of its obligations under policies required to be carried by Tenant under this
Lease. The obligations of Tenant in this section shall survive the expiration or earlier
termination of this Lease.
12.2 Landlord shall defend(with counsel reasonably acceptable to Tenant)
indemnify, and hold Tenant harmless from and against all liabilities, damages, claims, losses,
judgments,charges, and expenses(including reasonable attorney fees and costs) arising from or
in any way related to(a)Landlord's failure to perform any covenant or obligation of Landlord
under this Lease, (b) any act or omission of Landlord or its members,partners,managers,
employees, agents, or representatives,and(c)Landlord's and any third-party's activities at,
about,or near the Premises. Landlord's agreement to indemnify Tenant pursuant to this Section
12.2 is not intended to and shall not relieve any insurance carrier of its obligations under policies
carried by Landlord. The obligations of Landlord in this section shall survive the expiration or
earlier termination of this Lease.
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12.3 Notwithstanding any other term of this Lease,Tenant will not be
responsible for any liabilities,damages, claims, losses,judgments,charges, and/or expenses
pertaining to Landlord's business activities or uses by other parties at or about the Premises.
13. Insurance. Tenant shall,during the term of the Lease,procure at its expense and
keep in force the following insurance:
13.1 Commercial general liability insurance naming Landlord as an additional
insured against any and all claims for bodily injury and property damage occurring in,or about
the Premises arising out of Tenant's use of the Premises. Such insurance shall have a combined
single limit of not less than One Million Dollars($1,000,000.00)per occurrence,with a Two
Million Dollars($2,000,000.00)aggregate limit. Such liability insurance shall be primary and
not contributing to any insurance available to Landlord and Landlord's insurance shall be in
excess thereto.
13.2 Workers'compensation insurance in accordance with statutory law.
13.3 The policies required to be maintained by Tenant shall be with(a)
companies rated A-X or better by A.M. Best,or(b)may be insured through an insurance pool
such as City County Insurance Services, either of which shall be reasonably acceptable to and
approved by Landlord. Insurers shall be licensed to do business in Oregon and domiciled in the
USA. Certificates of insurance shall be delivered to Landlord on or before the Commencement
Date and annually thereafter.Tenant shall have the right to provide insurance coverage which it
is obligated to carry pursuant to the terms hereof in a blanket policy,provided such blanket
policy expressly affords coverage to the Premises and to Landlord as required by this Lease.
13.4 If Tenant does not purchase the insurance required by this Lease or keep the
same in full force and effect during the Lease term, Landlord may,but shall not be obligated to,
purchase the necessary insurance and pay the premiums. Tenant shall repay to Landlord, as
additional rent,the amount so paid promptly upon demand. In addition, Landlord may recover
from Tenant and Tenant agrees to pay, as additional rent, any and all reasonable expenses
(including attorneys' fees)and damages that Landlord may sustain by reason of the failure of
Tenant to obtain and maintain such insurance.
14. Waiver of Subrogation Rights. Landlord and Tenant hereby mutually waive their
respective rights of recovery against each other for any loss of, or damage to, either parties'
property,to the extent that such loss or damage is insured by an insurance policy required by the
terms of this Lease to be in effect at the time of such loss or damage. Each party shall obtain any
special endorsements, if required by its insurer,whereby the insurer waives its rights of
subrogation against the other party. The provisions of this section shall not apply in those
instances in which waiver of subrogation would cause either party's insurance coverage to be
voided or otherwise made uncollectible.
15. Taxes. Landlord shall pay when due all real property taxes and general and special
assessments assessed against the Premises during the term of this Lease.
16. Quiet Enjoyment. So long as Tenant pays all rent when due and complies with all
terms and conditions of this Lease, Tenant shall peaceably and quietly have,hold, and enjoy the
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Premises. This covenant shall, subject to the provisions of this Lease,be binding upon any
successors in interest of Landlord's interest in this Lease.
17. Subordination.
17.1 Subject to Landlord's compliance with Section 17.2, this Lease is and shall
at all times be and remain subject and subordinate to the lien of any present or future deed of
trust,mortgage,or other security instrument(a"Mortgage")(and to any and all advances made
thereunder)upon the Premises(the mortgagee under any Mortgage is referred to herein as
"Landlord's Mortgagee"). Subject to Landlord's compliance with Section 17.2,Tenant shall
execute and return to Landlord any and all documentation required by Landlord to evidence the
subordination of this Lease to any Mortgage or Primary Lease.
17.2 As a condition of the subordination of this Lease, Landlord will obtain from
Landlord's Mortgagee, a written nondisturbance agreement to the effect that(a) in the event of a
foreclosure or other action taken under the Mortgage by the holder thereof,this Lease and the
rights of Tenant hereunder shall not be disturbed but shall continue in full force and effect so
long as Tenant shall not be in default hereunder, and(b)if Landlord's Mortgagee shall be in
possession of the Premises,that so long as Tenant observes and performs all of the obligations of
Tenant to be performed pursuant to this Lease, Landlord's Mortgagee will perform all
obligations of Landlord required to be performed under this Lease.
17.3 Subject to Landlord's Mortgagee entering into the nondisturbance
agreement as provided in Section 17.2, in the event any proceedings are brought for foreclosure,
or in the event of the exercise of the power of sale under any Mortgage made by Landlord
covering the Premises,Tenant shall attorn to the purchaser at any such foreclosure, or to the
grantee of a deed in lieu of foreclosure, and recognize such purchaser or grantee as the landlord
under this Lease. Tenant hereby agrees that no mortgagee or its successor shall be(a)bound by
any payment of rent for more than one(1)month in advance, (b) liable for any breach, act,or
omission of any prior landlord,or(c)subject to any claim of offset or defenses that Tenant may
have against any prior landlord.
18. Damage by Casualty,Fire and Duty to Repair. If the Premises are damaged by
fire or other casualty,Landlord shall forthwith repair the same unless this Lease is terminated as
permitted herein. Within thirty(30)days of the date of such damage,Landlord shall notify
Tenant if the Premises is damaged in excess of twenty-five percent(25%)of its precasualty
value, as reasonably determined by Landlord(damage in excess of such amount being referred to
as"Major Damage"and damage equal to or less than such amount being referred to as"Minor
Damage"). If Minor Damage occurs,then Landlord shall repair such damage and rebuild that
portion of the Premises damaged. If Major Damage occurs, Landlord may elect to terminate the
Lease or to repair the damage and rebuild the Premises. If Landlord gives its written notice to
Tenant within sixty(60)days of the date of damage electing to rebuild,or in the event of Minor
Damage,this Lease shall remain in full force and effect provided the repairs are completed
within one hundred eighty(180)days of the date of damage, except the rent shall be reasonably
abated during the period of repair based on that portion of the Premises not reasonably useable
by Tenant. If, in the event of Major Damage, Landlord does not timely elect by written notice to
Tenant to rebuild,then this Lease shall automatically terminate as of the sixtieth(60a')day after
the date of the damage,the rent shall be reduced by a proportionate amount based upon the
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extent to which Tenant's use of the Premises is impaired, and Tenant shall pay such reduced rent
up to the date of termination. Landlord agrees to refund to Tenant any rent previously paid for
any period of time subsequent to such date of termination. Landlord shall not be required to
repair any damage by fire or other cause to the property of Tenant.
19. Eminent Domain.
19.1 If a portion of the Premises is condemned and Section 19.2 does not apply,the
Lease shall continue on the following terms:
19.1.1 Landlord shall be entitled to all of the proceeds of condemnation and
Tenant shall have no claim against Landlord as a result of the condemnation.Notwithstanding
the foregoing,Tenant shall have the right to claim and recover from the condemning authority
separate compensation for any loss that Tenant may incur for Tenant's moving expenses,
business interruption,or taking of Tenant's personal property(but specifically excluding any
leasehold interest in the Premises)under the then applicable eminent domain laws,provided that
Tenant shall not make any claim that will detract from or diminish any award for which Landlord
may make a claim.
19.1.2 Landlord shall proceed as soon as reasonably possible to make 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.
19.1.3 After the date on which title vests in the condemning authority or an
earlier date on which alterations or repairs are commenced by Landlord to restore the balance of
the Premises in anticipation of taking,rent shall be reduced in proportion to the reduction in
value of the Premises as an economic unit on account of the partial taking. If the parties are
unable to agree on the amount of the reduction of rent, the amount shall be determined by
arbitration in the manner provided in Section 24.
19.2 If a condemning authority takes all of the Premises or a portion sufficient to
render the remaining Premises reasonably unsuitable for the use that Tenant was making of the
Premises prior to the taking,the Lease shall terminate as of the date the title vests in the
condemning authority. Such termination shall have the same effect as a termination by Landlord
under Section 19.1. If a condemning authority takes all or a portion of the Premises, Section 23
of this Lease shall be null and void and of no force or effect.
19.3 Sale of all or part of the Premises to a purchaser with the power of eminent
domain in the face of a threat or probability of the exercise of the power shall be treated for the
purposes of this Section 19 as a taking by condemnation.
20. Hazardous Material.
20.1 Except in strict compliance with all applicable federal, state and local laws,
regulations,codes, and ordinances,Tenant shall not cause or permit any Hazardous Material to
be brought upon, kept,or used in or about, or disposed of on the Premises by Tenant or its
agents, employees,contractors,or invitees. To the extent permitted by the Oregon Tort Claims
Act,Tenant shall indemnify, defend and hold Landlord harmless from any and all actions, costs,
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claims, damages, expenses(including,without limitation, attorneys fees,court costs and amounts
paid in settlement of any claims or actions), liabilities, or losses arising from a breach of Tenant's
obligation set forth in this section by Tenant or its agents, employees, contractors,or invitees.
20.2 Landlord shall indemnify, defend and hold Tenant harmless from any and
all actions, costs, claims,damages,expenses(including,without limitation, attorneys fees,court
costs and amounts paid in settlement of any claims or actions),liabilities, or losses arising from
the presence of Hazardous Material in, about, or near the Premises which was not released,
generated,produced,brought upon,used, stored,treated, disposed of, or caused by Tenant or its
agents, employees, contractors,or invitees.
20.3 As used herein,the term"Hazardous Material"means any hazardous,
dangerous,toxic or harmful substance,material or waste including biomedical waste which is or
becomes regulated by any local governmental authority,the State of Oregon,or the United States
Government,due to its potential harm to the health, safety, or welfare of humans or the
environment. The provisions of this section shall survive expiration or termination of this Lease.
20.4 Tenant's and Landlord's indemnification obligations under this Section 20
shall survive the termination or earlier expiration of this Lease.
21. Delivering Up Premises on Termination. At the expiration or earlier termination
of this Lease,Tenant will quit and deliver up the Premises to Landlord in good order and
condition,reasonable use and wear thereof excepted.
22. Default and Remedies. If(a)Tenant fails to pay rent beyond any applicable notice
and cure period, or(b)Tenant fails to perform or observe any of the covenants and agreements
contained herein and such default shall continue for thirty(30)days or more after written notice
of such failure is given to Tenant by Landlord(or in the case of a default that cannot with due
diligence be cured within such time period, if Tenant fails to commence within such time period,
and thereafter fails to diligently complete, all steps necessary to remedy the default),or
(c)Tenant is declared bankrupt or insolvent according to law,or if any assignment of Tenant's
property is made for the benefit of creditors,or(d)on the expiration or earlier termination of this
Lease,Tenant fails to surrender possession of the Premises if required to do so by the terms of
the Lease,then and in any of these events,Tenant shall be in default under the Lease and
Landlord, immediately or at any time thereafter, without demand or notice,may exercise any one
or more of the remedies set forth below,or any other remedy available under applicable laws or
contained in this Lease:
22.1 Terminate the Lease at the option of Landlord by Landlord giving written
notice of termination to Tenant. If this Lease is terminated,Tenant's liability to Landlord for
damages shall survive such termination, and Landlord may re-enter and take possession of the
Premises, and remove any persons or property by legal action.
22.2 Landlord or Landlord's agents may immediately or at any time thereafter re-
enter the Premises, or any part thereof, either by summary eviction proceedings or by any
suitable action or proceeding at law, and repossess the same, and may remove any person
therefrom,to the end that Landlord may have,hold and enjoy the Premises.
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22.3 Relet the whole or any part of the Premises from time to time, either in the
name of Landlord or otherwise,to such tenants, for such terms ending before, on or after the
expiration date of the Lease term, at such rentals and upon such other conditions (including
concessions, tenant improvements, and free rent periods) as Landlord may determine to be
appropriate. Landlord at its option may make such physical changes to the Premises as Landlord
considers advisable or necessary in connection with any such reletting or proposed reletting,
without relieving Tenant of any liability under this Lease or otherwise affecting Tenant's
liability.
22.4 Whether or not Landlord retakes possession or relets the Premises,
Landlord shall have the right to recover unpaid rent and all damages caused by the default, as
well as all costs and expenses incurred in the connection with the enforcement of this Lease,
including reasonable attorney fees and court costs. Damages shall include, without limitation: (a)
all rentals lost; (b) all legal expenses and other related costs incurred by Landlord following
Tenant's default; (c) all costs incurred by Landlord in restoring the Premises to good order and
condition or in preparing the Premises for reletting; and(d) all costs incurred by Landlord in
reletting the Premises, including, without limitation, any brokerage commissions.
22.5 To the extent permitted under applicable law, Landlord may sue
periodically for damages as they accrue without barring a later action for further damages.
Landlord may in one action recover accrued damages plus damages attributable to the remaining
Lease term equal to the difference between the rent reserved in this Lease for the balance of the
Lease term after the time of award, and the fair rental value of the Premises for the same
discounted to the time of award at the rate of nine percent(9%)per annum. If Landlord has relet
the Premises for the period which otherwise would have constituted the unexpired portion of the
Lease term or any part,the amount of rent reserved upon such reletting shall be deemed,prima
facie, to be the fair and reasonable rental value for the part or the whole of the Premises so relet
during the term of the reletting.
22.6 Seize and dispose of Tenant's property in any manner permitted by law.
The remedies provided for in this Lease are cumulative and are not intended to be exclusive of
any other remedies to which Landlord may lawfully be entitled at any time.
23. Arbitration. Any controversy that arises between Landlord and Tenant regarding
the rights, duties, or liabilities of either party hereunder shall be settled by binding arbitration.
Such arbitration shall be before one disinterested arbitrator if one can be agreed upon by
Landlord and Tenant, otherwise before three disinterested arbitrators, one named by Landlord,
one named by Tenant, and one named by the two thus chosen. The arbitrator or arbitrators shall
determine the controversy in accordance with the procedures of the Arbitration Service of
Portland. The decision of the arbitrator or arbitrators shall be binding on the parties.
24. Attorney Fees and Court Costs. In case suit, action or arbitration is instituted to
enforce compliance with any of the terms of this Lease,or to collect the rent due hereunder, the
prevailing party shall be entitled to such sums as the trial court or arbitrator may adjudge
reasonable as attorney's fees in such suit, action, or arbitration and in the event any appeal is
taken from any arbitration,judgment,or decree in such suit, action, or arbitration,the losing
party agrees to pay such further sum as the court shall adjudge reasonable as the prevailing
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party's costs and expenses, including reasonable attorney's fees, that shall arise from enforcing
any provisions or covenants of this Lease even though no suit or action is instituted.
25. Waiver. Any waiver by either party of any breach of any covenant herein contained
to be performed by the other party shall not be deemed as a continuing waiver, and shall not
operate to bar or prevent such party from declaring a forfeiture for any succeeding breach, either
of the same condition or covenant or otherwise.
26. Notices. Any notice required by the terms of this Lease to be given by one party
hereto to the other or desired so to be given, shall be sufficient if in writing and mailed by
certified or registered mail with postage prepaid, addressed to the party at the address set forth on
the first page of this Lease. Any such notice shall be deemed conclusively to have been
delivered to the addressee thereof forty-eight(48) hours after the deposit thereof in the United
States mail.
27. Successors and Assigns. All rights, remedies and liabilities herein given to or
imposed upon either party hereto shall inure to the benefit of and bind the successors and, so far
as this Lease is assignable by the terms hereof, to the assigns of such party.
28. Interpretation. In construing this Lease, it is understood that Landlord or Tenant
may be more than one person; that if the context so requires, the singular pronoun shall be taken
to mean and include the plural, the masculine, the feminine and the neuter, and that generally all
grammatical changes shall be made, assumed and implied to make the provisions hereof apply
equally to corporations and to individuals.
29. Applicable Law and Venue. This Lease shall be governed by and construed in
accordance with the laws of the State of Oregon and in the event of any litigation arising out of
this Lease, the parties hereto stipulate and agree that the venue of any such action shall be in
Washington County, Oregon.
30. Entire Agreement. This Lease contains the entire agreement between the parties
with respect to the lease and cannot be changed or amended except by a written instrument
subsequently executed by the parties hereto.
31. Further Assurances. Each party agrees to execute and deliver such other
documents and to do and perform such other acts and things as the other party may reasonably
request to carry out the intent and accomplish the purposes of this Lease.
32. Time of Essence. Time is of the essence with respect to all dates and time periods
set forth or referred to in this Lease.
[Signatures follow on next page]
Page 10—COMMERCIAL LEASE 50014-367921115098 7.DOCX HBG1313012015
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IN WITNESS WHEREOF, the parties have executed this Lease effective the date set
forth above.
LANDLORD TENANT
Smith Gerig Western Properties, L.L.C. City of Tigard Public Works Department
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By. By: t
Name. Name: �/1GtKvt� W1►�,
Title: - Title: A vj A4AAAAor
Page 11 —COMMERCIAL LEASE 50011-3679:11i5098_7.DOCXWBOI3/3012015
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