30-241-Order Recorded 4/10/1979VOL 30 FACE 241
IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR DESCHUTES COUNTY
In the Matter of the Lease )
of Certain County Lands to )
LAWTON U. NOE, MICHAEL D. WILSON, ) 0 R D E R
and EDGAR SEARCY, )
dba NWS ENTERPRISES. )
This matter came on before the regular meeting of the Board of County
Commissioners on March 28, 1979, on the application of LAWTON U. NOE, acting for
himself and as agent for MICHAEL D. WILSON and EDGAR SEARCY, all three doing
business as NWS ENTERPRISES; WHEREAS,
1. LAWTON U. NOE has requested for himself and as agent for MICHAEL D. WILSON
and EDGAR SEARCY that the lease of certain lands of the County to the applicants
was solely for the purpose of using the lands as a drain field for a proposed motel,
convention center, and other business establishments; and
2. It appears that the motel and convention center contemplated by the
parties will not be constructed in the foreseeable future, and that accordingly,
the purpose of the said lease has been frustrated; and
3. Applicants have expressed the desire to be released from their obliga-
tions under said lease, in that they never entered into possession of the leased
premises and refuse to perform their obligations thereunder; and
4. It appears to be in the best interests of Deschutes County to remove the
cloud on its title to the lands leased;
NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
1. The lease of certain lands for ten (10) years to LAWTON U. NOE,
MICHAEL D. WILSON, and EDGAR SEARCY, dba NWS ENTERPRISES, hereinafter referred to as
Tenants, is terminated for anticipatory repudiation. Said lease is attached hereto
as Exhibit A, and incorporated herein by reference.
2. Deschutes County hereby expressly waives all uncollected and future rent
and other obligations of Tenants under said lease upon the express condition
precedent that Tenants, and each of them, execute the enclosed Waiver,Release and
Agreement, attached her to as Exhibit B, and incorporated herein by reference.
DATED this Jhday of 1979.
PAPE -1- ORDER
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VOL 3O FACE4.C3 22
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WAIVER, RELEASE AND AGREEMENT
In consideration of the termination of that certain lease dated
December 28, 1978, a copy of which is attached hereto as Exhibit A and incorporated
herein by reference, DESCHUTES COUNTY, a political subdivision of the State of
Oregon, Landlord, and LAWTON U. NOE, MICHAEL D. WILSON, and EDGAR SEARCY, dba
NWS ENTERPRISES, Tenants, together with the waiver of all uncollected rent and
future duties running from Tenants to Landlord, made by Order of the Board of County
Commissioners on March 28, 1979, conditioned upon the execution of this Waiver,
Release and Agreement by them, the undersigned, binding their successors and assigns,
and the successors and assigns of each of them, do hereby:
1. Release Landlord from all obligations under said lease;
2. Waive all their rights thereunder, and
3. Agree to defend, indemnify and hold Landlord harmless from all claims
whatsoever arising in consequence of the granting and/or termination of said
lease, or in connection with performance thereof by any party.
IN WITNESS WHEREOF, the parties have executed this Waiver, Release and
Agreement at Bend, Oregon on the latest date written after the names of the
parties below:
NWS ENTERPRISES:
LAWTON U. NOE
Date:
ACCEPTED:
BOARD OF OUl
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Date:
1111~
CO ISSIONER
Date:
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CO SSIONER
Date:
PAGE -1- WAIVER, RELEASE AND AGREEMENT
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MICHAEL D. WILSON