HomeMy WebLinkAboutDoc 559 - Lease - La Pine DisposalE
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..•....... . ...:t. Deschutes County Board of Commissioners
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,.-.--1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of October 21, 2013
Please see directions for completing this document on the next page.
DATE: September 27,2013
FROM: Teresa Rozic Property & Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document 2013-559, a Lease to La Pine Disposal & Recycling,
Inc.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County owns and manages property in the La Pine Industrial Site. Since 2010, La Pine
Disposal & Recycling, Inc. has leased three acres of bare land to store equipment. That lease expires
October 31, 2013. This is a new lease for two years. The County has no immediate plans to develop
this parcel.
FISCAL IMPLICATIONS:
Annual income will be $4,920.00
RECOMMENDATION & ACTION REQUESTED:
Staff recommends Board signature of Document 2013-559
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
One fully signed original to Teresa Rozic for the Lessee.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This fonn is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Fonn is also required. If this fonn is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this fonn with your documents, please submit this fonn
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: ISeptember 27,2013 I Department: IProperty & Facilitie~
Contractor/Supplier/Consultant Name: La Pine Dis osal & Rec clin ,Inc.
Contractor Contact: IStu Martinez Contractor Phone #: 541-536-119
Type of Document: Industrial Lease
Goods and/or Services: N/A
Background & History: Deschutes County owns and manages property in the La
Pine Industrial Site. Since 2010, La Pine Disposal & Recycling, Inc. has leased three
acres of bare land to store equipment. That lease expires October 31,2013. This is a
new lease for two years. The County has no immediate plans to develop this parcel.
Agreement Starting Date: 111/1/201~ Ending Date: 110/31/20151
Annual Value or Total Payment: 1$4,920 annual rental incom~
, Insurance Certificate Receividfj~box)
Insurance Expiration Date: CI r I "I
Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$150K) o Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? 0 Yes 0 No
If No, has budget amendment been submitted? 0 Yes 0 No
Is this a Grant Agreement providing revenue to the County? 0 Yes ~ No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: DYes 0 No
9/27/2013
Contact information for the person responsible for grant compliance: Name:
Phone#:
Departmental Contact and Title: Teresa Rozic Phone #: 541-385-1414
Department Director Approval:
Signature Date
Distribution of Document:
One fully signed original to Teresa Rozic for the Lessee
Official Review:
1
County Signature Required (check one): 0 BOCC 0 Department Director (if <$25K)
1
o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. _____)
I Legal Review Date
Document Number 2013-559
1
1
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9/27/2013
REVIEWED
LEGAL COUNSEL
INDUSTRIAL LEASE
THIS LEASE, made and entered into by and between DESCHUTES COUNTY, a
political subdivision of the State of Oregon, herein called "Lessor," and LA PINE DISPOSAL &
RECYCLING, INC., an Oregon corporation, herein called "Lessee,"
WIT N E SSE T H:
Lessor leases to Lessee 3 acres, more or less, of real property (the "real property")
located in the La Pine Industrial Site in La Pine, Deschutes County, Oregon, known as:
Lots 8 and 9 and the northeast corner of Lot 2 that is approximately 410 feet by 106.24
feet, Block 3 of La Pine Industrial Site Phase II.
1. TERM AND RENEWAL. The term of this Lease shall commence as of November 1,
2013, and continue through October 31, 2015, a period of two (2) years, unless sooner
terminated. Lessee has the option to renew the Lease at the same terms as the
original lease for an additional two (2) years by notifying Lessor in writing sixty (60)
days prior to the end of the current term.
2. POSSESSION. Lessee's right to possession and obligations under the Lease shall
commence as of the date of this Lease, except as otherwise provided herein.
3. CONDITION OF PROPERTY. Lessor represents that it has full right, power, and
authority to enter into this Lease for the term herein granted and that the leased real
property may be used by the Lessee during the entire term for the purposes herein set
forth. If it is determined that Lessor did not have the right, power or authority to enter
into this Lease because of Lessor's failure to have properly acquired title to the real
property, or the real property is under lease to another and Lessee has not acquired the
leasehold interest of such other person(s), firm, or corporation, this Lease shall
automatically terminate.
4. RENT. Lessee shall pay to Lessor as monthly rent the sum of $410.00 commencing
with the date specified in Paragraph 1. Rent shall be payable in advance on the first
day of each month without notice or demand at the office of the Deschutes County
Property & Facilities Department, PO Box 6005, Bend, Oregon 97708-6005, or at such
other place as may be designated in writing by Lessor.
5. ADDITIONAL RENT. As additional rent, Lessee shall pay the following amounts without
notice or demand of Lessor:
A. All taxes and assessments upon Lessee's personal property located on the real
property.
B. All real property taxes for the leased real property, prorated to reflect the term of this
lease.
2013-559 Page 1 of9 DC 2. 0 13 · 5 5 ~.)
C. All charges for heat, light, power, sewage, water, garbage disposal, and other services or
utilities used by Lessee on the real property.
D. The cost of all insurance for which Lessee is required to pay.
E. All amounts which Lessee is required to reimburse Lessor for expenses incurred by
Lessor in discharging Lessee's obligations.
F. All other amounts which the Lessee is required to pay by any other provisions of this
Lease.
6. PERMITTED USE. The real property shall be used for short-term storage of equipment
associated with Lessee's disposal business. If this use is prohibited by law or governmental
regulations, this Lease shall terminate.
7. RESTRICTIONS ON USE. In connection with the use of the real property, Lessee shall:
A. Obtain Lessor's written approval in advance of any development plans, layout plans,
construction, reconstruction, or alteration of improvements; or revision of layout or
construction plans for the real property.
B. Maintain the fence, improvements and structures, if any, and real property to standards of
repair, orderliness, neatness, sanitation, and safety acceptable to Lessor, and shall not
allow solid wastes to accumulate on the real property.
C. Conform to all applicable laws and regulations of any public authority affecting the real
property and the use of said real property, and correct at Lessee's own expense any
failure of compliance created through Lessee's fault or by reason of Lessee's use of said
real property.
D. Refrain from any use which would be reasonably offensive to the Lessor, other tenants,
or owners or users of adjoining real property, or which would tend to create a nuisance or
damage the reputation of the real property, including but not limited to, creating excessive
dust or noise on the real property or maintaining a fire on the real property. Nothing
herein shall be construed to prohibit normal activities necessary to utilize the property for
its intended use.
E. Refrain from making any unlawful or offensive use of said property or to suffer or permit
any waste or strip thereof.
F. Exercise diligence in protecting from damage the real property and property of Lessor
covered by and used in connection with this Lease.
G. Refrain from the disposal, spilling or discharging of any oil, gasoline, diesel fuel,
chemicals, wood waste products, or other pollutants on the leased real property. In the
event of such spills, Lessee shall undertake any and all necessary actions to contain and
remove such pollution from the leased premises.
8. LESSEE'S OBLIGATIONS. The following shall be the responsibility of the Lessee:
2013-559 Page 20f9
A. The real property is currently enclosed with fencing. Lessee is responsible for
installation of any additional fencing and/or screening.
B. Arrangement for and delivery to the real property, if necessary, of all water, sewage,
gas, electrical, and other utility services deemed necessary by Lessee.
C. Structural repair and maintenance of any fences, buildings, water, sewage, gas and
electrical services, and other utility services on the property.
D. Any repairs necessitated by the activities or negligence of Lessee, its agents,
employees or invitees on or in connection with the real property.
E. Any repairs or alterations required under Lessee's obligation to comply with laws
and regulations as set forth in "Restrictions on Use" above.
F. Pay Lessor for any damage resulting from the activities or negligence of Lessee, its
agents, employees or invitees on or in connection with the real property, or from
the violation of any provision or provisions of this Lease.
9. INSPECTION OF REAL PROPERTY. Lessor shall have the right to inspect the real
property in the Lessee's presence at any reasonable time or times after giving
reasonable notice to Lessee.
10. REPAIRS. Lessee takes the premises in its "as is" condition. Lessee will at all times
keep the property in a safe and clean condition and make all repairs during the term of
the Lease necessary to maintain the premises.
11. INDEMNIFICATION OF LESSOR. Lessee shall be responsible for any and all injury to
any and all persons or property caused directly or indirectly by reason of any and all
activities by Lessee on or in connection with the leased property; and further agrees to
indemnify, defend, and save harmless the Lessor, its officers, agents, and employees
from and against all claims, suits, actions, damages, costs, losses and expenses in any
manner resulting from, arising out of, or connected with any such injury.
12. ENVIRONMENTAL POLLUTION. The provisions of this section supplement other lease
provisions that might apply concerning Lessee's obligations, responsibilities and liabil
ities for environmental pollution, present and future, and for compliance with the laws,
regulations or orders of any governmental agency concerning environmental pollution,
present and future, on the premises. To the extent that the provisions of this section
conflict with any such other provisions, the provisions of this section shall control.
Where terms of this section use terms that are found in applicable state and federal
environmental pollution laws, those terms shall have the same meaning as they have in
those state and federal laws.
Lessee acknowledges that Lessee has inspected and investigated the property and
otherwise informed itself on the condition of the premises and based upon such
inspection and investigation, Lessee is satisfied that the premises does not now contain
any amounts of hazardous, toxic, radioactive or other substances for which a property
owner or operator may be made liable under state or federal environmental pollution or
health and safety laws. Accordingly, Lessee agrees that as between the Lessor and
2013-559 Page 3 of 9
Lessee, Lessee will assume responsibility and liability as set forth below in the removal
and indemnification provision for any release or discharge of hazardous, toxic,
radioactive or other dangerous substances regulated under state or federal pollution
control laws found hereafter on, in or about the real property.
Except as undertaken in the ordinary course of conducting its business, Lessee
covenants that during the term of this Lease, Lessee will not generate, store, process or
dispose of or release or discharge into the environment hazardous, toxic, radioactive or
other dangerous substances on or about the leased premises in any amount, nor will
Lessee allow such prohibited activities to take place on the leased property during the
lease term.
Lessee covenants to report, contain and remove in conformance with applicable state
and federal law any releases of hazardous, toxic, radioactive or other substances
regulated under state or federal pollution control laws that are found on or in the
premises during the term of this Lease or any releases of such materials found off the
premises that originated from the premises during the lease term and to be responsible
for the cost of removal of such substances.
Lessee agrees to indemnify, defend and hold the County, its officers, agents and
employees harmless from and against any claims, demands, causes of action or suits
for damages, reimbursement or any other cost of compliance, including, but not limited
to, remedial action costs, removal costs, natural resources damages, penalties, punitive
damages, interest costs, attorney fees and damages of any kind to third parties, arising
from the discharge, release or threatened release on or in the premises of any
hazardous, toxic or radioactive substances occurring during the term of this Lease or
any extension thereof. For the purposes of this section, any release of hazardous
substances discovered on the premises during the term of this Lease shall be deemed to
have occurred after the execution of this Lease.
The obligations, responsibilities and liabilities of this section are continuing obligations,
responsibilities and liabilities and shall not be extinguished by the termination of this
Lease.
13. PARTIAL TAKING. If a portion of the leased real property is condemned and the
paragraph entitled "Total Taking" does not apply, the Lease shall continue on the
following terms:
A. Lessor shall be entitled to all of the proceeds of condemnation and Lessee shall
have no claim against Lessor as a result of the condemnation.
B. Lessor shall proceed as soon as reasonably possible to make such repairs and
alterations to the real property as reasonably practicable to return the real
property to its condition existing at the time of the condemnation, but in no event
shall Lessor be liable for repairs in excess of condemnation proceeds awarded to
and received by Lessor. The Lessor may, but shall not be required to, perform
alterations prior to the actual taking after the portion to be taken has been finally
determined. Rent shall be abated to the extent the real property is untenable
during the period of alteration and repair.
2013-559 Page 40f9
C. After the date on which title vests in the condemning authority or an earlier date
on which alterations or repairs are commenced by Lessor to restore the balance
of the property in anticipation of taking, the rent shall be reduced
commensurately with the reduction in value of the leased real property as an
economic unit on account of the partial taking. If the parties are unable to agree
upon the amount of the reduction of rent, the amount shall be determined by
arbitration.
D. If a portion of the Lessor's real property not included in the leased real property is
taken and severance damages are awarded on account of the leased real
property, or an award is made for detriment to the leased real property as a result
of change of grade of adjacent streets or other activity by a public body not
involving a physical taking of any portion of the land, this shall be regarded as a
partial condemnation of which subparagraphs (A) and (C) of "Partial Taking"
above apply, and the rent shall be reduced to the extent of diminution of value of
the real property as though a portion had been physically taken.
14. TOTAL TAKING. If a condemning authority takes all of the leased real property or a
portion sufficient to render the real property reasonably unsuitable for the use which the
Lessee was then making of the real property, the Lease shall terminate as of the date
the title vests in the condemning authority. Lessor shall be entitled to all of the proceeds
of condemnation and the Lessee shall have no claim against Lessor as a result of the
condemnation.
15. SALE IN LIEU OF CONDEMNATION -DEDICATION TO THE PUBLIC. Sale of all or
part of the leased real property 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
purpose of this Paragraph as a taking by condemnation. Dedication to the public, sale,
or transfer of all or a portion of the real property of Lessor to the State of Oregon, its
political subdivisions or United States of America, shall be treated as a total or partial
taking, as applicable.
16. LIENS.
A. Except with respect to activities for which the Lessor is responsible. the Lessee
shall pay as due all claims for work done on and for services rendered or material
furnished to the leased real property and shall keep the real property free from any
liens. If Lessee fails to pay any such claims or to discharge any lien. Lessor may do
so and collect the cost as additional rent. Any amount so added shall bear interest
at the rate of nine per cent (9%) per annum from the date expended by Lessor and
shall be payable on demand. Such action by Lessor shall not constitute a waiver of
any right or remedy which Lessor may have on account of Lessee's default.
B. Lessee may withhold payment of any claim in connection with a good faith dispute
over the obligation to pay. so long as Lessor's property interests are not
jeopardized. If a lien is filed as a result of nonpayment. Lessee shall, within thirty
(30) days after knowledge of the filing, secure the discharge of the lien or deposit
with Lessor cash or a sufficient corporate surety bond or other surety satisfactory to
Lessor in an amount sufficient to discharge the lien plus any costs, attorney fees
and other charges that could accrue as a result of a foreclosure or sale under a lien.
2013-559 Page 5 of 9
17. INSURANCE.
A. It is expressly understood that Lessor shall not be responsible for carrying insurance
on any property owned by Lessee.
B. Lessee will be required to carry fire and casualty insurance on Lessee's personal
property on the Premises.
C. Lessee shall carry commercial general liability insurance, on an occurrence basis;
with a combined single limit of not less than $500,000 each occurrence, with an annual
aggregate limit of $1,000,000. Lessee shall provide Lessor with a certificate of
insurance, as well as an endorsement, naming Deschutes County, its officers, agents,
and employees and volunteers as an additional insured. There shall be no cancellation,
termination, material change, or reduction of limits of the insurance coverage during the
term of this lease.
18. ASSIGNMENT AND SUBLEASE. If the Lessee, through voluntary sale or transfer, or
through enforcement of contract, foreclosure, tax sale, or other valid legal proceeding,
shall cease to be the owner of the commercial business situated on the real property
described in this Lease, and is unable to furnish adequate proof of ability to redeem or
otherwise reestablish title to said improvements, this Lease shall be subject to
cancellation. But, if the person to whom such commercial business shall have been
transferred in either manner above provided, is reasonably qualified as a Lessee, and is
willing that his future occupancy of the real property shall be subject to the terms and
provisions of this Lease, his continued occupancy of the real property shall be
authorized by a Lease to him, which shall be for the unexpired term of this Lease,
unless the parties agree to a new Lease term.
Lessee may sublease the use of the real property covered under this Lease and the
operation of concessions and facilities authorized in accordance with the terms and
provisions of this Lease subject to the written consent of the Lessor, which shall not be
unreasonably withheld. The Lessee shall continue to be responsible for compliance with
all conditions of this Lease by persons to whom such real property may be sublet.
19. DEFAULT. The following shall be events of default:
A. Failure of Lessee to pay any rent or other charge within ten (10) days after it is due.
B. Failure of Lessee to comply with any term or condition or fulfill any obligation of the
Lease within thirty (30) days after written notice is mailed by Lessor specifying the
nature of the default with reasonable particularity. If the default is in such a nature
that it cannot be completely remedied within the thirty (30) day period, this provision.
shall be complied with if Lessee begins correction of the default within the thirty (30)
day period and thereafter proceeds with reasonable diligence and in good faith to
effect the remedy as soon as practicable, so long as a full cure of said default is
made within ninety (90) days of the original written notice.
20. REMEDIES ON DEFAULT.
A. In the event of a default, the Lease may be terminated at the option of the Lessor by
notice in writing to Lessee. The notice may be given at any time after the grace
2013-559 Page 6 of9
period for default given under the paragraph entitled "Default." If the property is
abandoned by Lessee in connection with a default, termination shall be automatic
and without notice.
B. In any of the above set out cases or events, the Lessor, or those having the Lessors
estate in the real property, lawfully at its option, may enter into and upon said
demised real property and every part thereof, and repossess the same of Lessor's
former estate, and expel said Lessee and those claiming by and through or under
Lessee, and remove Lessee's effects at Lessee's expense, forcibly if necessary,
and store the same, without being deemed guilty of trespass and without prejudice
to any remedy which otherwise might be used for arrears of rent or preceding
breach of covenant.
C. The foregoing remedies shall be in addition to, and shall not exclude, any other
remedy available to Lessor under applicable law.
21. PERSONAL PROPERTY.
A. All personal property placed upon the leased real property during the term of this
Lease by Lessee shall remain the property of Lessee except as otherwise provided
herein.
B. Upon abandonment, termination, revocation, or cancellation of this Lease, Lessee
shall remove from the real property, within a reasonable time, all personal property
of Lessee. If Lessee fails to remove all or part of such personal property within thirty
(30) days, then all such personal property shall become the property of Lessor.
22. SURRENDER OF LEASED PREMISES. Upon abandonment, termination, revocation or
cancellation of this Lease, the Lessee shall surrender the real property to Lessor in the
same condition as the real property was on the date of possession, except, that nothing
in this lease shall be construed as to relieve lessee of lessees' ?ffirmative obligation to
surrender said premises in a condition which complies with all local, state or federal
environmental laws, regulations and orders applicable at the time of surrender. Upon
Lessor's written approval, Lessee may leave site improvements authorized by any land
use permit. Lessee's obligation to observe and perform this covenant shall survive the
expiration or the termination of the Lease.
23. NOTICES. Any notice by Lessee to Lessor or Lessor to Lessee must be served by
certified or registered mail, postage prepaid, addressed to the other at the address
given below or at such other address as either may designate by written notice. Notice
shall be deemed effective three (3) calendar days following posting at a U.S. Post
Office as herein described.
LESSOR: LESSEE:
Deschutes County La Pine Disposal & Recycling Inc
Attn: Susan Ross Attn: Stu Martinez
PO Box 6005 PO Box 2669
Bend, Oregon 97708-6005 La Pine, OR 97739
(541) 383-6713 (541) 536-1194
2013-559 Page 70f9
24. NONWAIVER. Waiver by either party of strict performance of any provision of this
Lease shall not be a waiver of or prejudice the party's right to require strict performance
of the same provision in the future or of any other provision.
25. PARTNERSHIP. Lessor is not by virtue of this Lease a partner or joint venturer with
Lessee in connection with activities carried on under this Lease. and shall have no
obligation with respect to Lessee's debts or any other liabilities of each and every
nature.
26. LESSEE NOT AN AGENT OF COUNTY. It is agreed by and between the parties that
Lessee is not carrying out a function on behalf of the County, and that County does not
have the right of direction or control of Lessee's operation under this Lease or to
exercise any control over the activities of Lessee.
27. LAND USE PERMIT. This Lease does not constitute a land use permit. nor does
acceptance of this Lease by Lessor constitute approval of any legislative or
quasijudicial action required as a condition precedent to use of the land for the intended
purpose. Lessee's possession of the property pursuant to Paragraph 2 for the use
described in Paragraph 6 of this Lease and obligations under this Lease are contingent
upon the approval of any necessary land use permits. If Lessee is unable or unwilling
to meet conditions of land use permits. Lessee has the right to terminate this Lease,
with thirty (30) days written notice to Lessor.
28. LESSOR'S RIGHT TO CURE DEFAULTS. If Lessee fails to perform any obligations
under this Lease, Lessor shall have the option, but not the obligation, to do so after
thirty (30) days' written notice to the Lessee. All of Lessor's expenditures to correct the
default shall be reimbursed by Lessee on demand with interest at the rate of nine per
cent (9%) per annum from the date of expenditure by Lessor. In the event that Lessee,
upon using Lessee's best efforts, is unable to obtain all required land use permits,
Lessee may terminate this Lease upon written notice to Lessor. Lessee shall remain
liable to Lessor following termination for all unpaid lease payments, charges and
damages due prior to termination and any damages, expenses, costs or losses suffered
by Lessor due to Lessee's termination of this Lease.
29. LITIGATION FEES AND EXPENSES. In the event any action, suit or proceeding,
including appeal therefrom, is brought for failure to observe any of the terms of this
Lease, each party shall be responsible for their own attorney's fees, expenses, costs
and disbursements for any such action, suit, proceeding or appeal.
30. TIME IS OF THE ESSENCE. Time is of the essence of each and every provision of this
Lease.
31. SEVERABILITY. The parties agree that if any term or provIsIon of this Lease is
declared by a court of competent jurisdiction to be void, invalid or unenforceable, the
validity of the remaining terms and provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if this Lease did not
contain the particular term or provision held to be void, invalid or unenforceable.
2013-559 Page 80f9
32. AUTHORITY. The signatories to this Lease covenant that they possess the legal
authority to bind their respective principals to the terms, provisions and obligations
contained within this agreement.
33. COUNTERPARTS. This Lease may be executed in two or more counterparts, by
facsimile or otherwise, each of which is an original, and all of which together are
deemed one and the same Lease, notwithstanding that all parties are not signatories to
the same counterpart.
34. GOVERNING LAW. This Lease shall be governed by and interpreted in accordance
with the laws of the State of Oregon.
35. ENTIRE AGREEMENT. This Lease constitutes the entire agreement between the
parties concerning the subject matter hereof and supercedes any and all prior or
contemporaneous negotiations and/or agreements between the parties. whether written
or oral, concerning the subject matter of this Lease which are not fully expressed
herein. This Lease may not be modified or amended except by a writing signed by all
parties to this Lease.
LESSOR:
Date: ___________
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, CHAIR
TAMMY BANEY, VICE CHAIR
ATTEST:
Recording Secretary ANTHONY DEBONE, COMMISSIONER
LESSEE:
Date: ___________
LA PINE DISPOSAL & RECYCLING, INC.
By: _____________________________
2013-559 Page 90f9
---.~.~..-.-..-.. ---..~-.~--.-.-~
32. AUTHORITY. The signatories to this Lease covenant that they possess the legal
authority to bind their respective principals to the terms, provisions and obligations
contained within this agreement.
33. COUNTERPARTS. This Lease may be executed in two or more counterparts, by
facsimile or otherwise, each of which is an original, and all of which together are
deemed one and the same Lease, notwithstanding that all parties are not signatories to
the same counterpart.
34. GOVERNING LAW. This Lease shall be governed by and interpreted in accordance
with the laws of the State of Oregon.
35. ENTIRE AGREEMENT. This Lease constitutes the entire agreement between the
parties concerning the subject matter hereof and supercedes any and all prior or
contemporaneous negotiations andlor agreements between the parties, whether written
or oral, concerning the subject matter of this Lease which are not fully expressed
herein. This Lease may not be modified or amended except by a writing Signed by all
parties to this Lease.
LESSOR:
Date: __________
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY. OREGON
ALAN UNGER. CHAI R
TAMMY BANEY. VICE CHAIR
ATIEST:
Recording Secretary ANTHONY DEBONE, COMMISSIONER
LESSEE:
Date: SopT )0, '2.0 \3
LA PIN~O~AL & RECYC...LlNG, INC.
By: V~ra~
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