HomeMy WebLinkAboutLatino Community Assn Lease Agrmt
REVIEWED
______________
LEGAL COUNSEL
LEASE
This Lease is made by and between DESCHUTES COUNTY ("Lessor") and LATINO
COMMUNITY ASSOCIATION ("Lessee").
Lessor hereby leases to Lessee and Lessee takes from Lessor the "Premises" described as follows:
Approximately Two Hundred (200) square feet of office space (two offices on the first floor) located
at 1130 NW Harriman Street, Bend, Oregon 97701.
The parties agree that the terms of this Lease are as follows:
1. Term. The effective date of this Lease shall be April 1, 2008, or the date on which each
party has signed this Lease, whichever is later, and shall continue until March 31, 2009, or
twelve (12) months.
2. Rent. Lessee shall pay to Lessor as monthly rent the sum of $200.00 commencing with the
date specified in Paragraph 1. Rent may be prorated for the first partial month. Rent shall be
payable on the first day of each month without notice or demand at the office of the
Deschutes County Property & Facilities Department, 14 NW Kearney Street, Bend, Oregon
97701, or at such other place as may be designated in writing by Lessor.
In addition, Lessee will provide Spanish translation and interpretation services during the
term of the Lease at no cost to Lessor. Translation and interpretation services will be for
County business only.
It is agreed by and between the parties that Lessee is not carrying out a function on behalf of
Lessor, and Lessor does not have the right of direction or control of the manner in which
Lessee delivers services under this Lease or exercise any control over the activities of
Lessee. Lessee is not an officer, employee or agent of Lessor as those terms are used in ORS
30.265. Lessee covenants for itself and its successors in interest and assigns that it will not
claim or assert that Lessee is an officer, employee or agent of the Lessor, as those terms are
used in ORS 30.265.
3. Use of Premises. Lessee may use the Premises for business offices and other lawful
purposes, subject to obtaining any required permits.
4. Parking. Lessee, its employees, and clientele shall have a nonexclusive right to access and
utilize vehicle parking spaces in County parking lots. Lessee’s employees will be required
to adhere to the County Parking Policy and Regulations, which County in its sole discretion
may amend from time to time.
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5. Restrictions on Use. In connection with the use of the Premises, Lessee shall:
a) Conform to all applicable laws and regulations affecting the Premises and correct at
Lessee’s own expense any failure of compliance created through Lessee’s fault or by reason
of Lessee’s use of the Premises. Lessee shall not be required to make any structural changes
to affect such compliance, unless such changes are required because of Lessee’s specific use.
b) Refrain from any use which would be reasonably offensive to the Lessor, other tenants,
or owners or users of adjoining property or unoccupied portions of the real property, or
which would tend to create a nuisance or damage the reputation of the real property.
c) Refrain from making any unlawful or offensive use of said property or to suffer or permit
any waste or strip thereof.
d) Exercise diligence in protecting from damage the real property and common area of
Lessor covered by and used in connection with this Lease.
e) Be responsible for removing any liens placed on said property as a result of Lessee’s use
of leased premises.
6. Lessee’s Obligations. The following shall be the responsibility of the Lessee:
a) Lessee shall not be required to make structural repairs that would place the Premises in a
better condition than at the commencement of this lease. Lessee may place fixtures,
partitions, personal property, and the like in the Premises and may make nonstructural
improvements and alterations to the Premises at its own expense. Lessee may be required to
remove such items at the end of the Lease term.
b) Any repairs necessitated by the negligence of Lessee, its agents, employees or invitees.
c) Any repairs or alterations required under Lessee’s obligation to comply with laws and
regulations as set forth in “Restrictions on Use” above.
7. Maintenance and Repair of Premises.
a) Lessor shall perform all necessary maintenance and repairs to the structure, foundation,
exterior walls, roof, doors and windows, elevators, emergency lighting, and Lessor-provided
fire extinguishers, sidewalks, and parking area which are located on or serve the Premises.
Lessor shall maintain the premises in a hazard free condition and shall repair or replace, if
necessary and at Lessor's sole expense, the heating, air conditioning, plumbing, electrical,
and lighting systems in the Premises, obtaining required permits and inspections from Codes
enforcement authorities, and shall keep the Premises, improvements, grounds and
landscaping in good repair and appearance replacing dead, damaged or diseased plant
materials when necessary.
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b) Should Lessor fail to maintain the Premises in accordance with above requirements, and
after at least fourteen (14) days prior written notification to Lessor, Lessee may contract for
necessary labor equipment and material to bring Premises within those requirements and
may deduct reasonable and necessary costs from future rent payments.
c) Lessee shall take good care of the interior of the Premises and at the expiration of the
term surrender the Premises in as good condition as at the commencement of this Lease,
excepting only reasonable wear, permitted alterations, and damage by fire or other casualty.
8. Services and Utilities.
a) Lessor will cause the utilities and services listed below to be furnished to the Premises.
Fax and computer modems shall be utilized on dedicated telephone lines and not on shared-
use County telephone lines. Charges shall be paid as indicated:
Utility or Service
Monthly Charges
Paid By:
Lessor Lessee
Water X
Sewer X
Electricity X
Gas X
Trash Removal X
Janitorial Service X
Janitorial Supplies X
Telephone X
Lessee will pay its proportionate share of the water, sewer, electricity and gas costs.
"Proportionate share" will be the percentage of square feet occupied by the Lessee as
compared to the total building square footage. Lessor will bill Lessee for Lessee's share
of utilities or other services on a monthly basis.
9. 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 from
Lessee. Any amount so expended shall bear interest at the rate of nine percent (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
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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.
10. 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) Lessor will carry fire and casualty insurance only on the structure where Premises are
located.
d) 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.
e) Lessee shall provide to Lessor proof of workers compensation insurance.
f) Indemnification: Lessor and Lessee shall each be responsible for the negligent and
wrongful acts of their employees and invitees. Lessor's liability exposure is restricted by the
Oregon State Constitution, Article XI, and Oregon Revised Statutes 30.260 through 30.300,
the Oregon Tort Claims Act.
11. Casualty Damage. If the Premises or improvements thereon are damaged or destroyed by
fire or other casualty to such a degree that the Premises are unusable for the purpose leased,
and if repairs cannot reasonably by made within ninety (90) days, Lessee may elect to cancel
this Lease. Lessor shall in all cases promptly repair the damage or ascertain whether repairs
can be made within ninety (90) days, and shall promptly notify Lessee of the time required to
complete the necessary repairs or reconstruction. If Lessor's estimate for repair is greater
than ninety (90) days, then Lessee, upon receiving said estimate will have twenty (20) days
after such notice in which to cancel this Lease. Following damage, and including any period
of repair, Lessee's rental obligation shall be reduced to the extent the Premises cannot
reasonably be used by Lessee.
12. Surrender of Leased Premises. Upon abandonment, termination, revocation or cancellation
of this Lease or the surrender of occupancy of any portion of or structure on the leased
premises, the Lessee shall surrender the real property or portion thereof to Lessor in the
same condition as the real property was on the date of possession, fair wear and tear
excepted, except, that nothing in this lease shall be construed as to relieve Lessee of Lessee’s
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affirmative 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 that was caused by Lessee or occurred during the term of this lease. Upon
Lessor’s written approval, Lessee may leave site improvements authorized by any land use
or building permit. Lessee’s obligation to observe and perform this covenant shall survive
the expiration or the termination of the Lease.
13. Nonwaiver. Waiver by either party of strict performance of any provision of this Lease shall
not be a waiver of or prejudice of the party’s right to require strict performance of the same
provision in the future or of any other provision.
14. Default. Neither party shall be in default under this Lease until written notice of its
unperformed obligation has been given and that obligation remains unperformed after notice
for fifteen (15) days in the case of the payment or for thirty (30) days in the case of other
obligations. If the obligation cannot be performed within the thirty-day period, there shall be
no default if the responsible party commences a good faith effort to perform the obligation
within such period and continues diligently to complete performance. In case of default the
non-defaulting party may terminate this Lease with thirty (30) days' notice in writing to the
defaulting party, shall be entitled to recover damages or any other remedy provided by
applicable law, or may elect to perform the defaulting party's obligation. The cost of such
performance shall be immediately recoverable from the defaulting party plus interest at the
legal rate for judgment. If Lessee makes any such expenditures as the non-defaulting party,
those expenditures may be applied to monthly rent payments(s).
15. Notices. Notices between the parties shall be in writing, effective when personally delivered
to the address specified herein, or if mailed, effective 48 hours following mailing to the
address for such party specified below or such other address as either party may specify by
notice to the other:
Lessor: Deschutes County
Attn: Susan Ross
1300 NW Wall Street, Suite 200
Bend, Oregon 97701
Phone: 383-6713
Lessee: Latino Community Association
Attn: Brad Porterfield, Executive Director
1130 NW Harriman St
Bend, Oregon 97701
Phone: 382-4366
16. Assignment. Lessee shall not assign or sub-rent the premises without the prior written
consent of the Lessor.
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17. Attorneys’ Fees. In the event a suit or action of any kind is instituted on behalf of either
party to obtain performance under this Lease or to enforce any rights or obligations arising
from this Lease, each party will be responsible for paying its own attorney fees.
18. Authority. The signatories to this agreement covenant that they possess the legal authority to
bind their respective principals to the terms, provisions and obligations contained within this
agreement.
19. MERGER.
THIS LEASE CONSTITUTES THE ENTIRE LEASE BETWEEN THE PARTIES. NO
WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS LEASE
SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH
PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE,
SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE
SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS,
OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN
REGARDING THIS LEASE. LESSOR, BY THE SIGNATURE BELOW OF ITS
AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT LESSOR
HAS READ THIS LEASE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS
TERMS AND CONDITIONS.
The parties have executed this Lease the day of , 2008
LESSOR:
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
____________________________________
DENNIS R. LUKE, CHAIR
ATTEST:
____________________________________
TAMMY (BANEY) MELTON, VICE CHAIR
____________________________
Recording Secretary
____________________________________
MICHAEL M. DALY, COMMISSIONER
MORE SIGNATURES FOLLOW
LESSEE: LATINO COMMUNITY ASSOCIATION
____________________________________
Brad Porterfield, Executive Director
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