Loading...
Burnham Business And Storage ~ LE164004 ~ Unit F29 Burnham Business LEASE AGREEMENT 1. BASIC LEASE TERMS a. DATE OF LEASE(for reference purposes only): November 16.2015 b. TENANT: City of Tigard 1) Business Name: 2) Address(Premises): 8900 SW Burnham, Ste. F029, Tigard, Oregon 97223 3) Address(Notice): 13125 SW Hall Blvd Tigard, OR 97223 c. LANDLORD: Burnham Business&Storage. L.L.C. 1) Address (For Notices): c/o Focus Commercial, Inc. 8900 SW Burnham, Tigard, OR 97223, or to such other place from time to time designated. d. LANDLORDS DESIGNATED AGENT: Focus Commercial. Inc. e. BUSINESS NAME/TENANT'S USE OF PREMISES: f. PREMISES AREA: 940+/-rentable square feet g. TERM OF LEASE: Commencement Date:January 1.2016 Expiration Date: December 31.2016 h. TENANT NOTICE TO VACATE: Under every circumstance, Tenant must provide Landlord with a thirty (30) day written notice of Tenant's intent to terminate and vacate these premises either on or after the expiration date. I. INITIAL MONTHLY RENT: $835.00(Make Checks Payable to Focus Commercial. Inc.) j. TOTAL SECURITY DEPOSIT: $0.00(received on 11/16/2015) k. PERSONAL GUARANTORS: If applicable, the obligations of the Tenant under the lease are to be personally guaranteed. See Lease Guaranty Exhibit. 2. PREMISES AS IS. Landlord leases to Tenant the Premises described in Section 1 and in Floor Plan Exhibit(s) (the "Premises"). By entry on the Premises, Tenant acknowledges that it has examined the Premises and accepts the Premises in its as is condition. 3. LEASE TERM.The term of this Lease is for the period set forth in Section 1(g). If Landlord, for any reason, cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting from such delay. In the event Landlord cannot deliver the Premises within ninety (90) days of the Commencement Date, Tenant's sole and exclusive remedy shall be to declare the Lease null and void and shall be entitled to a full refund of the security deposit. 4. RENT PAYMENT. Tenant shall pay Landlord monthly rent in the amount set forth in Section 1(i), which shall be payable monthly on or before the first day of each calendar month. All rent shall be paid to Landlord, at the address shown in Section 1(c), or such other place as Landlord may designate in writing from time to time.All rent shall be paid without prior demand or notice and without any deduction or offset whatsoever. All rent due for any partial month shall be prorated at the rate of 1/30th of the total monthly rent per day. If any rent or other sum due from Tenant is not received by the fifth 5th day of any month of this Lease, Tenant shall pay to Landlord an additional sum equal to ten percent (10%)of such overdue payment. All such delinquent rent or other sums, plus this late charge shall bear interest at twelve percent (12%) per annum. Any payments of any kind returned by your financial institution will be subject to an additional handling charge of $35.00, and thereafter, Landlord may require Tenant to pay the next three payments of rent or other sums due, by cashier's check, money order or credit card (if available). Any time rent is paid after the tenth (10th) day of the month, for whatever reason, the payment must be in the form of a cashier's check, money order, or credit card (if available). All monetary obligations to be paid by Tenant under the terms of this Lease shall constitute additional rent. 5. SECURITY DEPOSIT. Upon execution of this Lease, Tenant shall deliver the security deposit set forth in Section 10)with Landlord. If Tenant shall be in default in payment of rent or any other sum due Landlord as additional rent, Landlord may apply all or a part of the security deposit for such payment. Landlord may also apply all or a part of the deposit to repair and restore the Premises during or upon the termination of the tenancy created by this Lease. If Landlord applies all or any portion of the security deposit during the term of this Lease, Landlord may require Tenant to replenish the security deposit amount. Landlord's obligation with respect to the deposit is that of a debtor and not a trustee, and Landlord can co-mingle the security deposit with Landlord's general funds. Landlord shall not be required to pay Tenant interest, nor shall acceptance of the deposit constitute Landlord's acceptance of this Lease. If Tenant is not in breach at the termination of this Lease, Landlord shall return the security deposit to Tenant, after taking into account any amounts applied by Landlord for payment of unpaid rent, late fees and costs of repair or restoration to the Premises. 6. CONDUCT OF TENANT AND GUESTS.Tenant shall not violate any governmental law in the use of the Premises, commit waste, create a nuisance or otherwise interfere with the quiet use and enjoyment of other tenants. Tenant shall be responsible for all costs required to mitigate any nuisance or interference with other tenants. The most common issues are related to noise and smell. The Tenant, its business invitees, guests, agents, and contractors shall not annoy, molest, or interfere with any other tenant. c.o. 02935A1F Page 1 of 6 Commercial Rental Agreement-OR 1/2015 Initials Burnham Business 7. PETS. No pets or animals of any kind shall be brought on the premises without the prior written consent of the Landlord. In the event that such written consent is given, the Tenant agrees to keep such pets restrained at all times, and not to allow such pets to disturb any neighbors, and to keep the Premises clean and odorless. 8. USE OF PREMISES. a. Permitted Use. Tenant shall use and occupy the Premises only for the agreed Use of Premises, and for no other purpose. b. No Warranty as to Use, Zoning, or Access. Tenant hereby acknowledges that Landlord has not made any representation or warranty to Tenant with regard to the suitability of the Premises for Tenant's intended use, or the applicability of any zoning or other land use law, regulations, or other restrictions which may be applicable to Tenant's intended use of the Premises. It is Tenant's sole responsibility to verify and determine the suitability of the Premises for Tenant's intended use, occupancy type and applicability of zoning or other land use law, regulation, or other restrictions. Tenant is aware that the Premises which are the subject of this lease have not been inspected by a Certified Access Specialist. Landlord makes no representations, express or implied, as to the compliance of the Premises,the Building, or the Project with applicable construction related accessibility standards. c. Occupancy Type, Permits, Licenses. Should any governmental authority require any improvements, modifications, certificates of occupancy, licenses, and/or permits of any kind, including but not limited to, a Conditional Use Permit due to Tenant's use and/or occupancy of the Premises, all such improvements, modifications, certificates, licenses, and/or permits shall be provided by Tenant, at Tenant's sole cost and expense. Tenant shall provide Landlord with a copy of any such permit or license obtained from any governmental authority within ten (10)days of receipt. d. Hazardous Substance. 1) Tenant will not bring any hazardous substances onto the Premises. Hazardous substances mean any substance defined as environmentally hazardous under any federal, state or local laws. Notwithstanding the foregoing,Tenant may use any ordinary and customary materials reasonably required to be used in the normal course of the agreed Use of Premises, so long as such use is in compliance with all laws, and is not a Reportable Use. 2) Duty to Inform Landlord. Tenant immediately shall notify Landlord in writing of: any spill, release, discharge, or disposal of any hazardous substance upon, in, or around the Premises. 3) Tenant Remediation. Tenant shall not cause or permit any hazardous substance to be spilled or released in, on, under, or around the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Tenant's expense, take all investigatory and/or remedial action reasonably recommended for the cleanup of any contamination of security and/or monitoring of the Premises or neighboring properties, that was caused or materially contributed to by Tenant, or involving any hazardous substance brought onto the Premises by or for Tenant, or any third party. If Tenant fails to properly take all investigatory and/or remedial action reasonably recommended for the cleanup of any contamination, then Landlord, at its sole discretion, may remedy the violation/contamination at the Tenant's sole cost and expense. 4) Indemnification of Landlord. Tenant shall indemnify, defend and hold Landlord, its agents, employees, and mortgagees, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Tenant, its employees, agents, contractors, or invitees. Tenant's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Tenant, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No termination entered into by Landlord and Tenant shall release Tenant from its obligations under this Lease with respect to Hazardous Substances. 9. SIGNS. All signage shall comply with rules and regulations set forth by Landlord as may be modified from time to time. Current rules and regulations relating to signs are described as follows: (a) Tenant shall place company name or logo on suite window unless sign blank has been provided, (b) if sign blank has been provided, Tenant shall place company name/logo on sign blank only, (c)the sign blank must have a size, shape, composition, design, and color to be specified by Landlord; and (d)the style and size of the individual company's name may vary on the sign blank, subject to Landlord's written approval. Tenant shall submit a sketch of all proposed signs to the Landlord for written approval. Tenant shall be responsible for all sign costs. All signs are the property of the Landlord. Tenant shall not place anything on, against, or near any glass partitions, doors or windows without Landlord's prior written consent. 10. PARKING. Landlord grants to Tenant and Tenant's customers, suppliers, employees and invitees, a non-exclusive license to use the designated parking areas in the Project for the use of motor vehicles only and shall not overburden parking. Landlord reserves the right to establish rules and regulations on parking, including some specific rules which are (but not limited to) the following: (a) all automobiles must be operational and have current license plate tags (no wrecked or unsightly vehicles); (b) no overnight parking; and no parking of recreational vehicles, boats, trailers, and inoperative vehicles; (c)the number of automobiles allowed is restricted to the Tenant's prorata share of available parking spaces; (d) Tenants shall keep parking area clean of oil drippings and shall not repair vehicles outside of business unit; (e) parking areas shall not be used for additional storage. Landlord may designate parking for individual tenants.Any violation of these rules and regulations are subject to the remedies included in Section 23 of this lease. c.o. 02935A1F Page 2 of 6 Commercial Rental Agreement-OR 1/2015 Initials Burnham Business 11. UTILITIES. Tenant shall contract direct for garbage and directly pay for all gas, electricity, telephone, cable, internet or other service metered utilities. If utilities are not separately metered to the Premises, Landlord may install sub-meters in the future or make a reasonable allocation of any utility expenses to the Tenant (including but not limited to water and sewer). All common areas shall be kept free of garbage, debris, and Tenant garbage bins with the exception of the Tenant's bins on the scheduled garbage pick-up day. Tenant shall be responsible for notifying the appropriate utility provider on or before the commencement date for the purpose of activating and/or placing such utilities in the Tenant's name. If Tenant fails to notify the appropriate utility provider and as a result Landlord incurs any additional expenses, such expenses will be charged to Tenant. 12. CONDITION OF THE PREMISES. Tenant has thoroughly examined the Premises. Tenant acknowledges that all items and systems which service the Premises are in operative and satisfactory condition. 13. MAINTENANCE: WHO DOES WHAT. Landlord shall maintain the exterior of the space, the structural parts of the Premises. This includes only the foundations, bearing walls (excluding glass), roof, the unexposed (electrical, plumbing and sewage systems) excluding Tenant's negligence; those portions of the systems lying outside the Premises including gutters and down spouts on the Project. Tenant maintains the interior of space. Tenant maintains interior of space. Except as provided above Tenant shall maintain and provide repairs or replacements necessary to maintain the Premises in good condition at Tenant's sole expense, including, without limitation, repair, upkeep, and replacement of all mechanical equipment (including HVAC), maintaining and repairing all walls, floors, ceilings, interior doors, exterior doors (including entryway and roll-up/garage doors), windows and fixtures as well as damage caused by Tenant, its agents, employees or invitees. Tenant shall be responsible for the maintenance and service of all fire extinguishers. Without relieving Tenant of liability resulting from Tenant's failure to perform good maintenance practices on the mechanical/HVAC equipment, if the cost to repair the equipment is greater than fifty percent(50%)of the cost to replace it as determined by the Landlord, then the item will be replaced by the Landlord. The cost of replacement will be prorated between the parties and Tenant shall only be obligated to pay,for the number of months the Tenant has occupied space at the property, an amount equal to 1/144th of the replacement cost for every month the Tenant has occupied the property. 14. INTERIOR ALTERATIONS BY TENANT. Tenant shall not paint, change locks, install lighting fixtures or otherwise redecorate or make alterations to the Premises without the prior written consent of Landlord. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of the Lease, except that Landlord can elect to require Tenant to remove any alterations which Tenant may have made to the Premises during its tenancy. If Landlord so elects, Tenant, at its own cost, shall restore the Premises to the condition designated by Landlord in its election, before the last day of the term.Tenant shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with applicable laws and codes. Tenant shall pay all costs for such construction and shall keep the Premises and the Project free and clear of all mechanics liens which may result from construction by Tenant. 15.TENANT RELEASE AND INDEMNITY TO LANDLORD. Tenant agrees that Landlord shall not be liable to Tenant for any damages to Tenant or Tenant's property from any cause, and Tenant waives all claims against Landlord for damage to persons or property arising for any reason, except for damage resulting directly from Landlord's gross negligence or willful misconduct. Except for Landlord's or its agent's gross negligence or willful misconduct, and/or breach of express warranties, Tenant shall indemnify, protect, defend and hold harmless the Premises, Landlord and its agents, Landlord's master or ground landlord, partners and Lenders, from and against any and all claims, loss of rents and/or damages, costs, liens, judgments, penalties, loss of permits, attorneys' and consultants' fees, expenses and/or liabilities arising out of, involving, or in connection with, the occupancy of the Premises by Tenant, the conduct of Tenant's business, any act, omission or neglect of Tenant, its agents, contractors, employees or invitees, and out of any Default or Breach by Tenant in the performance in a timely manner of any obligation on Tenant's part to be performed under this Lease. The foregoing shall include, but not be limited to, the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Landlord) litigated and/or reduced to judgment. In case any action or proceeding be brought against Landlord by reason of any of the foregoing matters, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord and Landlord shall cooperate with Tenant in such defense. Landlord need not have first paid any such claim in order to be so indemnified. 16. REQUIRED INSURANCE. Tenant, at its cost, shall maintain public liability and property damage insurance and product liability insurance with a single combined liability limit of at least$1,000,000 per occurrence and $2,000,000 in aggregate, insuring against all liability of Tenant and its authorized representatives arising out of or in connection with Tenant's use or occupancy of the Premises. Landlord and its Designated Agent should be named as additional insured and the policy shall contain cross-liability endorsements. On all its personal property, at its cost, Tenant shall maintain a policy of standard fire and extended coverage insurance with vandalism and malicious mischief endorsements and "all risk" coverage on all Tenant's improvements or alterations in the Premises for replacement of personal property and the restoration of Tenant's improvements or alterations. All insurance required to be provided by Tenant under this Lease shall release Landlord from any claims for damages to any person or the Premises and the Project, and to Tenant's fixtures, personal property, improvements and alterations in or on the Premises or the Project, caused by or resulting from risks insured against under any insurance policy carried by Tenant in force at the time of such damage. All insurance required to be provided by c.o. 02936A1F Page 3 of 6 Commercial Rental Agreement-OR 1/2015 Initials Burnham Business Tenant under this Lease (a) shall be issued by insurance companies authorized to do business in the state in which the Premises are located, (b) shall be issued as a primary policy; and (c) shall require at least thirty (30) days prior written notice of cancellation to Landlord and Landlord's lender, before cancellation or change in coverage, scope or amount of any policy. Tenant shall deliver a certificate or copy of such policy together with evidence of payment of all current premiums to Landlord prior to occupancy. Tenant's failure to provide evidence of such coverage to Landlord within ten (10) days of written request may, in Landlord's sole discretion, constitute a default under this Lease. Landlord does NOT insure Tenant for any personal injury or property damage, including that caused by the act or omission of any other tenant or third party or by any criminal act or activity,war, riot, insurrection,fire, or act of God. 17. FIRE OR CASUALTY. In case of damage, Landlord may elect to terminate this lease by notice in writing to Tenant within thirty (30) days after such date. If this lease is not terminated, Landlord shall, to the extent insurance proceeds are available, promptly restore the Premises to the condition existing just prior to the damage. Tenant shall promptly restore all damage to tenant improvements or alterations installed by Tenant or pay the cost of such restoration to Landlord if Landlord elects to do the restoration of such improvements. If Landlord restores the Premises, and damage was caused in connection with Tenants use of the Premises or Tenant is otherwise negligent then Tenant or Tenants insurance company will reimburse all Landlords restoration costs. Rent shall be reduced from the date of damage until the date restoration work being performed by Landlord is substantially complete,with the reduction to be in proportion the area of the Premises not useable by Tenant. 18.ASSIGNMENT OR SUBLEASE. Tenant shall not assign, transfer, mortgage, sublet, or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or the Premises without first obtaining Landlord's written consent. Any attempted assignment, transfer, mortgage, encumbrance or subletting without Landlord's written consent shall be void and at Landlord's election, shall constitute a default. Regardless of Landlord's consent, no subletting or assignment shall release Tenant of Tenant's obligation or alter the primary liability of Tenant to pay the rent and to perform all other obligations to be performed by Tenant hereunder, and no assignment shall be effective unless and until the assignee executes a written instrument, in form acceptable to Landlord, assuming all of Tenant's obligations under this Lease. The acceptance of rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. 19. ESTOPPEL CERTIFICATE. (a) Tenant shall at any time upon not less than ten (10) days prior written notice from Landlord execute, acknowledge and deliver to Landlord a written estoppel certificate or a third party agreement among Landlord, Tenant and Landlord's mortgagee or beneficiary of a deed of trust(i)certifying that this Lease is unmodified and in full force and effect(or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which the rent and other charges are paid in advance, if any; (ii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed; (iii)setting forth such other statements (if true)with respect to this Lease as may be reasonably requested by Landlord or Landlord's mortgagee or beneficiary of a trust deed; and (iv) agreeing to such notice provisions and other matters as such mortgagee or beneficiary of a deed of trust may reasonably require in connection with Landlord's financing. Any prospective purchaser or encumbrancer of the Project may conclusively rely upon any such estoppel certificate or third party agreement. (b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant(i)that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance, and (iii) that not more than one month's rent has been paid in advance. (c) If Landlord desires to finance or refinance the Project or any part thereof, Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three years' financial statements of Tenant. All such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forth. 20. SUBORDINATION. (a)This Lease shall be automatically subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation for security now or hereafter placed upon the Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. If any mortgagee, trustee, or ground landlord shall elect to have this Lease prior to the lien of a mortgage, deed of trust or ground lease, and shall give written notice thereof to Tenant, this Lease shall be automatically deemed prior to such mortgage, deed of trust or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust, or ground lease or the date of recording thereof. (b) Tenant agrees to execute any documents required to further evidence or effectuate such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be, and failing to do so within ten (10)days after written demand, does hereby make, constitute, and irrevocably appoint Landlord as Tenant's attorney in fact and in Tenant's name, place and stead,to do so. 21.ATTORNMENT. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust covering the Premises, the Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease. 22. DEFAULT. The occurrence of any of the following shall constitute a default by Tenant. (a) A failure to pay rent or other charge by the fifth 5th day of any month or(b) Failure to perform any other provision of this Lease, within ten (10) days written notice from Landlord. c.o. 02935A1F Page 4 of 6 Commercial Rental Agreement-OR 1/2015 Initials Burnham Business 23. LANDLORD'S REMEDIES. Landlord shall have the following remedies if Tenant is in default. (These remedies are not exclusive; they are cumulative and in addition to any remedies allowed by law); (a) Landlord may terminate Tenant's right to possession, or lock Tenant out of the Premises at any time in accordance with local statutes. Upon termination of Tenant's right to possession, Landlord has the right to recover from Tenant; (1) unpaid rent due at the time of termination of Tenant's right to possession; (2) rent that would have been earned after the date of termination of Tenant's right to possession; (3)the value of any special promotion or rent concessions that were provided to the Tenant at the commencement of the Lease. The value of the special promotion or rent concessions provided to the Tenant are as follows: (4) any other amount, including necessary costs for the renovation and alteration of the Premises and court, attorney and collection costs, necessary to compensate Landlord for all detriment proximately caused by Tenant's default. (b) Re-enter the Premises, without terminating this Lease, and remove any property from the Premises, in which case Landlord shall be entitled to enforce all of Landlord's rights and remedies under this Lease, including the right to recover the rent and all other amounts due hereunder as they become due. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 23.b or other action on Landlord's part shall be construed as an election to terminate the Lease unless a written notice of such intention is given to Tenant or unless the termination thereof is decreed by a court of competent jurisdiction. Landlord's election not to terminate this Lease pursuant to this Section 23.b or pursuant to any other provision of this Lease shall not preclude Landlord from subsequently electing to terminate this Lease or pursuing any of its other remedies. (c) Maintain Tenant's right to possession, in which case this Lease shall continue in effect, whether or not Tenant shall have abandoned the Premises. In such event Landlord shall be entitled to enforce all of Landlord's rights and remedies under this Lease, including the right to recover the rent and all other amounts due hereunder as they become due. (d) Pursue any other or additional remedy now or hereafter available to Landlord under the laws or judicial decisions of the State, including, without limitation, the imposition of a landlord's lien against any property located within the Premises. In the event Landlord shall by conduct or otherwise waive any one portion or provision of this Lease, it shall not constitute a waiver of any covenant of this Lease. Failure by Landlord to enforce any term hereof or to exercise any right or remedy available to Landlord shall not be deemed a waiver by Landlord of Landlord's rights to enforce such terms. The acceptance of rent by Landlord with knowledge of a breach by Tenant shall not constitute a waiver of Landlord's right to enforce any term in this Lease. 24. LANDLORD ENTRY ON PREMISES. Landlord and its authorized representatives shall have the right to enter the Premises at all reasonable times for any of the following purposes: (a) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease; (b)to do any necessary maintenance; or (c) to do any other act or thing necessary for the safety or preservation of the Premises or the Project. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance or other damage arising out of Landlord's entry onto the Premises as provided in this Section 24. Landlord shall at all times have and retain a key with which to unlock all the doors in, upon and about the Premises, excluding Tenant's vaults and safes. Tenant shall not alter any lock or install a new or additional lock or bolt on any door of the Premises without prior written consent of Landlord. If Landlord gives its consent in writing, Tenant shall furnish Landlord with a key for any such lock. 25. NOTICE. Any notice, demand, request, consent, approval or communication desired by either Landlord or Tenant or required to be given, shall be in writing and served either personally or sent by first class mail, addressed as set forth in Section 1. Either Landlord or Tenant may change its address by notification to the other party. 26. NO WAIVERS. In the event Landlord shall by conduct or otherwise waive any one portion or provision of this Lease, it shall not constitute a waiver of any covenant of this Lease. Failure by Landlord to enforce any term hereof or to exercise any right or remedy available to Landlord shall not be deemed a waiver by Landlord of Landlord's rights to enforce such terms. The acceptance of rent by Landlord with knowledge of a breach by Tenant shall not constitute a waiver of Landlord's right to enforce any term in this Lease. 27. LANDLORD LEGAL FEES. In the event of a default by Tenant, Tenant shall be responsible to Landlord for all costs incurred by the Landlord as a result of such default, including attorney's fees and costs of the suit, whether or not any action to enforce this Lease is filed. 28. HOLDOVER. If Tenant remains in possession of the Premises or any part thereof beyond the expiration of the Term hereof, without the written consent of Landlord, such occupancy shall be a tenancy at sufferance, for which Tenant shall pay monthly rent in an amount equal to one hundred fifty percent (150%) of the rent in effect immediately prior to the expiration of the Term plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. 29. SURRENDER OF PREMISES (MOVING OUT). Upon vacating the Premises, Tenant shall surrender to Landlord the Premises and all Tenant improvements and alterations in good condition, except for ordinary wear and tear, and except for alterations Tenant has the right or is obligated to remove under the provisions of Section 14 herein. This means in the same condition as received. Stains, odors, holes or tears of any size or kind in the carpeting, drapery or walls, among other conditions are considered "above and beyond" normal wear and tear. Tenant shall remove all personal property including, without limitation, all decorative improvements or fixtures and shall perform all restoration made necessary by c.o. 02935A1F Page 5 of 6 Commercial Rental Agreement-OR 1/2015 Initials Burnham Business the removal of any alterations before the expiration of the term, including for example, restoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord can elect to retain or dispose of in any manner Tenant's personal property not removed from the Premises by Tenant prior to the expiration of the term. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of Tenant's personal property. Tenant shall be liable to Landlord for Landlord's cost for storage, removal or disposal of Tenant's personal property. 30. LIMITATION OF LIABILITY TO PROPERTY. The obligations of Landlord under this Lease do not constitute personal obligations of the individual members, managers, officers, or investors of Landlord, and Tenant shall look solely to the real estate that is the subject of this Lease and to no other assets of Landlord for satisfaction of any liability in respect of this Lease and will not seek recourse against the individual members, managers, officers, or investors of Landlord or any of their personal assets for such satisfaction or for any deficiency judgment should Tenant be unable to satisfy any liability owed to it. Tenant shall not name or serve any individual members, managers, officers, or investors of Landlord in any proceeding arising from this Lease. In no event shall Landlord be liable under this Lease for any consequential, special, or other similar types of damages, including, but not limited to damages from loss of business or business interruption, or punitive damages. 31. MISCELLANEOUS PROVISIONS. a. Time of Essence.Time is of the essence of each provision of this Lease. b. Successor.This Lease shall be binding on and inure to the benefit of the Landlord, Tenant and their successors. c. Landlord's Consent. Any consent required by Landlord under this Lease must be granted in writing and may be withheld by Landlord in its sole and absolute discretion. d. Commissions. The Landlord and Tenant represent that they have not had dealings with any real estate broker, finder or other person with respect to this Lease in any manner who shall be compensated by Landlord. e. Dispute Resolution. The provision of this Section shall govern disputes between the Landlord and Tenant, with the exception of issues related to termination of the tenancy by Landlord and unlawful detainer/eviction issues. Landlord and Tenant will attempt to resolve any dispute by communicating with each other in a personal meeting. If unsuccessful, then mediation will be utilized with the Landlord selecting the mediator. Tenant is required to mediate before taking further legal action in the formal court system. Landlord will pay cost of mediator. f. Landlord's Successors. In the event of a sale or conveyance by Landlord of the Project, the same shall operate to release Landlord from any liability under this Lease, and in such event Landlord's successor in interest shall be solely responsible for all obligations of Landlord under this Lease. g. No Other Terms. Lease and its written "exhibits" specified below constitute the entirety of terms of the tenancy; and supersede any and all prior or contemporaneous verbal agreements and/or understandings. There have been and there are no other representations, promises, or warranties regarding the tenancy property or the tenancy that have been made by Landlord or anyone else to Tenant. No alteration or modification of this Lease will be valid unless it is in writing and signed by Tenant and Landlord/Authorized Agent for Landlord. h. Joint and Several Responsibility Guarantee. It is agreed and understood that each Tenant signatory is individually, personally,jointly, and severally responsible for strict performance of every covenant and condition of this agreement regardless of whether the particular signatory has vacated the Premises. 32.ADDITIONAL EXHIBITS:Additional exhibits lettered N/A are attached hereto and made a part hereof. IN WITNESS WHEREOF,The Landlord and Tenant hereto have executed this lease on the dates specified below: Signed by City of Tigard Signed by Tiffani Fritz Mon Nov 23 01:45:50 PM PST 2015 Tue Dec 1 03:55:17 PM PST 2015 Key: 02936A1F; IP Address: 208.71.205.129 J Key: 0017E4AA; IP Address: 173.12.185.205 City of Tigard(Tenant) Date Tiffani Fritz(Owner/Agent) Date C.o. 02935P1F Page 6 of 6 Commercial Rental Agreement-OR 1/2015 Initials