1 OREGON DEPARTMENT OF TRANSPORTATION
3 THIS LEASE, made and entered into this day of , 20 , by and between the
4 STATE OF OREGON, by and through its DEPARTMENT OF TRANSPORTATION,
5 hereinafter called "State", and
6 called "Lessee";
That State, for and in consideration of the covenants, conditions, agreements, and stipulations of Lessee contained in this lease, does lease unto Lessee, and Lessee does lease from State, only for storage uses. That property consisting of 31,282 Sq. Ft. and as marked on Exhibit "A", attached hereto and by reference made a part hereof, also generally described as:
A parcel located within the SE¼NE¼ of Section 3, Township 1 South, Range 1 East, X.X., being a portion of Block 9, East Portland (portion of tax lot 1S1E03AD 3603).
TO HAVE AND TO HOLD the above mentioned property, hereinafter called "premises", unto Lessee for the period from January 1, 2021 through December 31, 2025, unless otherwise terminated.
In consideration of the leasing of premises and of the mutual agreements hereinafter contained, the parties hereto expressly covenant and agree as follows:
No new improvements shall be placed in or on premises, and no alterations shall be made to existing improvements on premises without the prior written consent of State. All improvements made shall be done at the sole expense of Lessee. All permanent improvements made by Lessee on premises shall become the property of State upon expiration or termination of this lease.
The monthly rental fee shall be as listed below. Lessee shall pay the monthly rent in advance by the first of the month until lease expires, payment to be sent to: Department of Transportation, Property Management,
26 0000 Xxxxxxxx Xxxxxxxxxx Xxxxx XX, XX#0, Xxxxx, XX, 00000-0000. Below are your monthly rent amounts
27 for this lease:
29 *Rent amounts do not include property taxes
30 Note: The above amounts are based on an increase each year of approximately 3%. In the event the
31 above amounts are not consistent with such approximate percentage increase, the above amounts shall
32 take precedence over the stated approximate percentage and the rent amount shall be deemed to be the
33 amounts listed above.
34 3. RENEWAL
35 Lessee shall have the option, subject to the following conditions, to renew this lease for an additional five (5)
36 years; with up to a maximum of two renewals. Lessee shall provide State written notice of intent to exercise
37 the option, such notice to be received by State not more than 120 days or less than 60 days prior to
38 expiration of the lease or renewal period. Lessee must not then be in default or in breach of any of the
39 lease terms. State shall, at its sole discretion, have the right to approve or reject such request for renewal
40 and shall give written notice of its decision at least 30 days prior to lease or renewal expiration. Lease
41 amount applicable to each renewal period will be established at the time of renewal based upon fair market
43 4. LEASE TERMS ARE INDEPENDENT
44 The agreements, conditions, covenants and terms, herein contained and to be performed by the parties, are
45 separate and independent; and the performance of each and every one is not conditioned or dependent
46 upon performance of any other, unless specifically so stated within the language of the provision. Any
47 provision of this lease which shall prove to be invalid, void or illegal shall in no way affect, impair or
48 invalidate any other provision hereof and such other provisions shall remain in full force and effect.
49 5. ACCEPTABLE AND NON-ACCEPTABLE USES
50 Lessee shall use the premises only for storage. The lease is not intended for, nor does it allow use of the
51 premises for residential purposes. Lessee covenants that premises shall not be used for any purpose other
52 than that stated heretofore. Lessee shall not use the premises for the storage, disposal or manufacture of
53 any inflammable materials or for storage, disposal or processing of waste material, junk, scrap, or the
54 dismantling of vehicles or equipment. Nor shall the premises be used for any purpose deemed by State to
55 be a potential hazard to the public or detrimental to the use, maintenance and scenic enjoyment of the
56 nearby State Transportation Facility.
57 Lessee shall not use or allow premises to be used for any unlawful purpose whatsoever. Notwithstanding
58 the above limitations, the parties may amend this lease, pursuant to the terms of Section 24 of this lease, to
59 allow for uses other than storage.
60 6. HAZARDOUS MATERIALS
61 Lessee shall not: (a) install facilities for or operate on premises a gasoline supply station or gasoline pump;
62 (b) allow vehicles used or designed for the transportation of, or bulk amounts of, gasoline, petroleum
63 products or explosives on premises; (c) store bulk gasoline, petroleum products or explosives on premises.
64 Except with the prior written approval of State, which approval may be withheld at the State’s sole
65 discretion, Lessee shall not cause, permit or suffer any “Hazardous Material” (defined below) to be brought
66 upon, treated, kept, stored, disposed of, discharged, released, produced, manufactured, generated or used
67 upon, about, or underneath the premises or any portion thereof by Lessee, its agents, employees,
68 contractors, or invitees, or any other person. Any request for written consent by State shall be in writing and
69 shall demonstrate to the satisfaction of State that the Hazardous Material is necessary to the business of
70 Lessee, and will be stored, used and disposed of in a manner that complies with all federal, state or local
71 laws, statutes, rules, regulations, ordinances, orders, permits or licenses applicable to the Hazardous
72 Material. Any such approved use of Hazardous Materials shall continue during the term of this lease to
73 comply with all federal, state, and local laws, statutes, rules, regulations, ordinances, orders, permits or
74 licenses applicable to Hazardous Material.
75 “Hazardous Material” is defined for purposes of this lease as any substance;
76 (i) the presence of which requires investigation or remediation under any federal, state or local statute,
77 regulation, ordinance, order, action, policy or common law; or
78 (ii) which is or becomes defined as a “hazardous waste”, “hazardous substance”, pollutant or contaminant
79 under any federal, state or local statute, regulation, rule or ordinance or amendments thereto including,
80 without limitation, the Comprehensive Environmental Response Compensation and Liability Act (42 USC
81 9601 et seq.) and/or the Resource Conservation and Recovery Act (42 USC 6901 et seq.); or
82 (iii) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or
83 otherwise hazardous and is or becomes regulated by any governmental authority, agency, department,
84 commission, board, or instrumentality of the United States, the State of Oregon, or any political subdivision
86 7. INGRESS AND EGRESS
87 Access to premises will be from adjacent city streets. All ingress and egress shall be subject to
88 administrative and statutory requirements, including but not limited to ORS 374 et seq. Access to premises
89 via city/county roads shall be under local city/county jurisdiction.
90 8. OCCUPANCY
91 Lessee shall occupy and use the premises in such a way as to avoid causing hazardous or unreasonably
92 objectionable smoke, fumes, vapor, or odors to emanate from premises. Lessee shall operate and maintain
93 the premises to protect against hazards as to the use, safety or appearance of premises. Use and
94 maintenance of premises shall cause no interference with traffic on adjacent State Transportation Facility.
95 Maintenance of premises by Lessee, as required under Property Maintenance Section #12 herein, shall
96 include such emergency maintenance procedures as may be required by State.
97 9. TAXES AND ASSESSMENTS
98 Lessee shall be responsible for all taxes and assessments, if any, on all real and personal property located
99 on or attached to premises, regardless of ownership.
100 The State shall pay all real property taxes for the premises, for which, Lessee shall reimburse State within
101 30 days of billing for said taxes by State. If lease expires or is terminated by either party after June 30, of
102 any year, Lessee shall be responsible for all taxes and assessments imposed on the premises for that tax
103 year, regardless of when tax is imposed. Notwithstanding the previous sentence, Lessee shall be entitled to
104 a pro-ration of taxes if State has terminated this Lease pursuant to the first sentence of Termination Section
106 10. UTILITIES
107 Lessee shall pay for all utility services furnished to premises and shall order and pay for any meter
108 installations, which may be necessary.
109 11. ADVERTISING SIGNS
110 Lessee shall not erect or allow advertising signs, displays or devices on the premises except for signs
111 advertising Lessee’s on-premises business. Any on-premises signs and informational notices shall be
112 subject to the approval of State and shall indicate no more than the type of activity being conducted on
113 premises. No signs are allowed on areas within State’s recognized right of way nor under/over any State
114 structure. All signs shall comply with local sign ordinances.
115 12. PROPERTY MAINTENANCE
116 Lessee shall at all times, and at Lessee’s sole expense, keep and maintain premises, including the
117 sidewalks, if any, in front of the premises, free and clear of ice, snow, rubbish, debris, noxious weeds,
118 obstructions and all inflammable or explosive materials of every kind, and shall keep premises in an orderly,
119 clean and safe condition. Lessee shall maintain the landscaping by regular trimming, weeding and
120 generally maintain the premises in a neat, well-kept manner.
121 13. TRANSPORTATION FACILITY PROTECTION
122 Lessee shall, without expense to State, take all steps necessary to effectively protect the adjacent State
123 Transportation Facility from damage incident to Lessee's use of premises. Lessee shall be liable to and
124 shall reimburse State for any damage to State's right of way fences, markers, monuments, slope
125 easements, structures or facilities resulting from or attributable to the use and occupancy of premises by
127 14. PERMITS AND LICENSES
128 Lessee shall secure all necessary permits and licenses required in connection with operations on premises
129 and shall comply with all federal, state, and local statutes, ordinances, and regulations that may concern, in
130 any way, Lessee's use of premises.
131 15. AMERICANS WITH DISABILITIES ACT COMPLIANCE
132 a. When Lessee performs work on any facility or part of a facility located on the Premises, including but not
133 limited to sidewalks, curb ramps, shared use paths, transit stops, park-and-rides, on-street parking, or
134 pedestrian-activated signals (“Facility”) and that work results in construction or an alteration that affects
135 the accessibility of the Facility, the Parties shall:
136 i. Utilize ODOT standards to assess and ensure compliance with Section 504 of the Rehabilitation Act
137 of 1973 and the Americans with Disabilities Act of 1990 as amended by the ADA Amendments Act of
138 2008 (together, “ADA”), including ensuring that all sidewalks, curb ramps, and pedestrian-activated
139 signals meet current ODOT Highway Design Manual standards;
140 ii. Follow ODOT’s processes for design, modification, upgrade, or construction of sidewalks, curb
141 ramps, and pedestrian-activated signals, including using the ODOT Highway Design Manual, ODOT
142 Design Exception process, ODOT Standard Drawings, ODOT Construction Specifications, providing
143 a temporary pedestrian accessible route plan and current ODOT Curb Ramp Inspection form;
144 iii. At work completion, send a completed ODOT Curb Ramp Inspection Form 734-5020 to the address
145 on the form as well as to State’s Project Manager for each curb ramp constructed, modified,
146 upgraded, or improved. The completed form is the documentation required to show that each curb
147 ramp meets ODOT standards and is ADA compliant. ODOT’s fillable Curb Ramp Inspection Form
148 and instructions are available at the following address:
149 xxxx://xxx.xxxxxx.xxx/XXXX/XXX/XXXXXXXXXXXX/Xxxxx/XxxXxxxxXxxxx0.xxxx; and
150 iv. Promptly notify ODOT of work completion and allow ODOT to inspect the Facility prior to acceptance
151 of work by Lessee and prior to release of any contractor retained by Lessee.
152 b. Lessee shall ensure that temporary pedestrian routes are provided through or around any work zone on
153 the Premises. Any such temporary pedestrian route shall include directional and informational signs,
154 comply with ODOT standards, and include accessibility features equal to or better than the features
155 present in the existing pedestrian Facility. To the greatest extent possible, Lessee shall also ensure that
156 advance notice of any temporary pedestrian route is provided in acessible format to the public, people
157 with disabilities, and disability organizations at least 10 days prior to the start of construction.
158 c. Lessee shall ensure that any Facility or portion of a Facility on the Premises and under Lessee’s
159 maintenance jurisdiction is maintained in compliance with the ADA so long as Lessee occupies the
160 Premises. This includes, but is not limited to, Lessee ensuring that:
161 i. Pedestrian access is maintained as required by the ADA,
162 ii. Any complaints received by Lessee identifying safety or access issues related to any Facility are
163 promptly evaluated and addressed,
164 iii. Any repairs or removal of obstructions needed to maintain any Facility are made in compliance with
165 the ADA requirements that were in effect at the time such Facility was constructed on the Premises,
166 iv. Any future alteration work to a Facility during Lessee’s occupation of the Premises complies with the
167 ADA requirements in effect at the time the future alteration work is performed, and
168 All work performed on the Premises is subject to the terms of Section 1 of this Agreement. Nothing in this Section
169 shall be construed to grant Lessee permission to place improvements or alterations on the Premises without the
170 prior written consent of the State.
171 16. LIABILITY
172 Lessee shall occupy and use premises at Lessee’s own risk and expense, and shall save and hold
173 harmless State, its Transportation Commission, Commission members, officers, agents, and employees,
174 from all claims, suits or actions for any damage to property or injury or death of any person arising out of or
175 in connection with Lessee’s occupancy or use of the premises. State shall, in no event, be liable to Lessee
176 for any damage to property, or injury to or death of any person occurring or arising from the use of premises
177 by Lessee.
178 Lessee further agrees to indemnify and hold harmless State from any and all claims, liabilities, losses,
179 damage, costs and expenses (including attorney fees at trial and on any appeal or review) arising out of use
180 of the premises by Lessee or its agents, employees, contractors or invitees, including but not limited to the
181 costs of remediation or clean-up of any Hazardous Material used on the premises by Lessee or its agents,
182 employees, contractors or invitees, whether with or without the approval of State.
183 17. INSURANCE
184 Lessee shall obtain, at Lessee’s expense, and keep in effect during the term of this lease, Commercial
185 General Liability Insurance covering bodily injury and property damage in a form and with coverage that is
186 satisfactory to the State. This insurance shall include personal and advertising injury liability, products and
187 completed operations. Coverage shall be written on an occurrence basis. Combined single limit per
188 occurrence shall not be less than $1,000,000. Each annual aggregate limit shall not be less than
190 The liability insurance coverage required for performance of the lease shall include the State of Oregon, the
191 Department of Transportation and its divisions, officers and employees as Additional Insured but only with
192 respect to the Lessee’s activities under this lease. Coverage shall be primary and non-contributory with any
193 other insurance and self-insurance.
194 As evidence of the insurance coverage required by this lease, the lessee shall furnish a Certificate of
195 Insurance to the Department of Transportation prior to the execution date of this lease. The Certificate will
196 specify all of the parties who are endorsed on the policy as Additional Insured. The Lessee shall pay for all
197 deductibles, self-insured retention and/or self-insurance included hereunder.
198 There shall be no cancellation, material change, potential exhaustion of aggregate limits or non-renewal of
199 insurance coverage without thirty (30) days written notice from the Lessee or its insurer(s) to the
200 Department of Transportation.
201 18. ASSIGNMENT
202 Lessee shall not assign this lease or sublet premises without the prior written consent of State, and any
203 attempt to assign or sublet without written consent shall be void and shall be a default in this lease. Lessee
204 shall pay a service charge of $500.00 to State for every assignment or sublease of this lease entered into by
206 19. TERMINATION
207 The State may terminate this lease as to all or part of premises when the premises is needed for public
208 purposes, or when State determines that it is in the public's best interest, by giving of a 30-day written notice
209 to Lessee. The State may also terminate the lease if Lessee is in default per Default Section #21. In the
210 event of such termination, Lessee hereby waives all their rights to make a claim for any losses or damages
211 suffered thereby.
212 Lessee may request to terminate this lease prior to lease expiration. If Lessee requests termination prior to
213 lease expiration, the termination request may be granted by State upon written request and upon receipt of
214 payment in the form of a cashier’s check or money order equal to one fourth (1/4) the annual lease rate set
215 forth in Section 2 or $1,500 whichever is greater. Upon early termination of this lease, Lessee remains
216 liable for all property taxes on the premises per Taxes and Assessments Section #9 of this lease.
217 Depending on termination date, and per Taxes and Assessments Section #9, Lessee may be responsible
218 for paying the taxes for the full year.
219 20. ENTRY ONTO PROPERTY
220 State specifically reserves the right to enter and occupy premises upon failure of Lessee to comply with any
221 provision of this lease. State also reserves the right to enter premises for purposes of inspection and to
222 determine whether Lessee is complying with the provisions of this lease; to perform acts necessary or
223 proper for the protection, preservation, maintenance, reconstruction, and operation of adjacent State
224 Transportation Facility; and to perform acts necessary or proper in connection with the construction or
225 maintenance of adjacent State Transportation Facility. State also reserves the right to enter and take
226 possession of premises in case of national or other emergency for the purpose of preventing sabotage and
227 otherwise protecting its Transportation Facility. During such emergency occupation Lessee shall be relieved
228 from obligation to comply with the provisions of this lease.
229 21. DEFAULT
230 The following shall be events of default:
232 (a) Failure of Lessee to pay any rent or other charge within 15 days after it is due, or in the case of
233 property taxes, 30 days after billing for such taxes.
234 (b) Failure of Lessee to comply with any term or condition or fulfill any obligation of the lease (other than
235 the payment of rent or other charges) within 10 days after written notice by State specifying the nature of
236 the default. If the default is of such a nature that it cannot be completely remedied within the 10 day
237 period, this provision shall be complied with if Lessee begins correction of the default within the 10 day
238 period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon
239 as practicable. (c) Filing of a voluntary or involuntary petition in bankruptcy, or filing of any proceeding to
240 subject this lease or the interest of Lessee herein to garnishment or sale under execution.
241 22. REMEDIES FOR DEFAULT
242 In the event of default the State may terminate this lease by giving 30 days written notice to Lessee. In
243 the event of termination, regardless of how effected, including termination for need or failure to comply
244 with any provision of this lease, Lessee shall, by the date of said termination, peaceably and quietly
245 leave, vacate completely and surrender premises, including those improvements and fixtures placed or
246 made thereon by Lessee that belong to State, in a good, clean and sightly condition, reasonable use and
247 wear, and damage by earthquake, fire, public calamity, the elements, acts of God, or other circumstances
248 over which Lessee has no control, excepted. If premises are not voluntarily surrendered, the State may,
249 without notice, re-enter and take possession of premises and may, without breach of the peace, and with
250 or without legal process, evict and dispossess Lessee from premises.
251 In the event of termination or retaking of possession following default, State shall be entitled to recover
252 immediately, without waiting until the due date of any future rent or until the date fixed for expiration of the
253 lease term, the following amounts as damages: (1) The loss of monthly rent from the date of termination
254 until a new lessee is secured, or until the expiration date of the lease, whichever is sooner; and, (2) The
255 reasonable costs of reentry and re-letting including without limitation the cost of any cleanup, refurbishing,
256 removal of Lessee's property, or any other expense occasioned by Lessee's default including but not
257 limited to, any repair costs, attorney fees and court costs.
258 23. TIME
259 TIME is of the essence of every provision of this lease. Failure of State to object to the violation of any
260 provision of this lease shall not be deemed a waiver by State of a subsequent similar breach nor of State's
261 right to demand strict performance by Lessee of any provision contained therein.
262 24. LEASE MODIFICATION
263 Notwithstanding anything herein contained to the contrary, this lease may be amended by mutual consent of
264 the parties hereto, in writing.
265 25. SUCCESSORS AND ASSIGNS
266 The provisions of this lease and all obligations and rights thereunder shall extend to and bind the
267 successors and assignees of Lessee and any assignee or legal successor of State.
268 26. FEDERAL HIGHWAY ADMINISTRATION (FHWA) REGULATIONS
269 Notwithstanding any provision herein to the contrary, Lessee shall comply with all the standards and
270 requirements of Federal Highway Administration Regulation, which shall, in case of conflict with any
271 provision of this lease, be deemed minimum standards and requirements. This Section shall not, however,
272 relieve Lessee from the duty to comply with all other provisions of this lease and all provisions of this lease
273 which are in addition to or more stringent than the standards and requirements of said regulations.
274 27. CIVIL RIGHTS (NON-DISCRIMINATION)
275 Lessee, for itself and assigns, as part of the consideration hereof, does covenant and agree, as a covenant
276 running with the land, that (1) no person, on the grounds of race, color, or national origin, shall be excluded
277 from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of
278 premises; (2) that in connection with the construction of any improvements on premises, no discrimination
279 shall be practiced in the selection of employees and contractors, by contractors in the selection and
280 retention of first-tier subcontractors, and first-tier subcontractors in the selection and retention of second-tier
281 subcontractors; and (3) that Lessee shall use premises in compliance with all other requirements imposed
282 pursuant to Title 15, Code of Federal Regulations, Commerce and Foreign Trade, Subtitle A, Office of the
283 Secretary of Commerce, Part 8 (15 C.F.R., Part 8), and as said Regulations may be amended.
284 In the event of breach of any of the above non-discrimination covenants, State shall have the right to
285 immediately terminate this lease, to re-enter and repossess premises, and to hold the same as though this
286 lease had never been made or issued.
287 28. PRIOR LEASES/AGREEMENTS
288 This lease is intended to supersede and/or replace all previous agreements, written or oral, entered into by
289 the parties hereto for the rental of premises.
290 29. “UNIFORM” ACT
291 Should this lease be terminated for any reason, Lessee hereby acknowledges, understands, agrees and
292 waives any and all benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies
293 Act of 1970 as amended, or any other benefits under similar acts applicable to Lessee, or the premises.
294 30. SINGULAR/PLURAL
295 In construing this lease, where the context so requires, the singular includes the plural and all grammatical
296 changes shall be made so that this lease shall apply equally to corporations and individuals.
297 31. NOTICES
The State (for notice) is: Technical Leadership Center
Attn: Property Management
Oregon Department of Transportation 0000 Xxxxxxxx Xxxxxxxxxx Xxxxx XX, XX#0 Xxxxx, Xxxxxx 00000-0000
Phone: (000) 000-0000
FAX: (000) 000-0000
The Lessee (for notice) is:
THIS LEASE CONSTITUTES THE ENTIRE CONTRACT 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.
LESSEE, BY THE SIGNATURE BELOW, HEREBY ACKNOWLEDGES READING THIS LEASE,
UNDERSTANDING IT, AND AGREEING TO BE BOUND BY ITS TERMS AND CONDITIONS.
ODOT REGION APPROVAL
STATE OF OREGON, by and through its DEPARTMENT OF TRANSPORTATION
ODOT Region Manager
Xxxx X. Xxxxx, State Right of Way Manager
Print Name of Lessee
319 In Witness Whereof, the lessee has executed this instrument this day of , 20 ;
320 if a corporation lessee, it has caused its name to be signed and its seal, if any, affixed by an officer or other
321 person duly authorized to do so by order of its board of directors.
326 ODOT Federal Tax I.D.: 00-0000000
328 End of Lease Document
.. II l
SE SALMON ST H20
--N 89°47'50"-W -
I.D 14-----------174.00'------ ��
1 I 8
2 7 >
......, I 0
-u 3 I
SCALE 1" = 50'
4 I 5
SE MAIN ST
500 3 - i
50 25 0 50
0 ---N -89°4-8'4-6"-W - -
OREGON DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY
Jj SKETCH MAP
Section I-5:Eastbank Properties Section
Highway PACIFIC HIGHWAY
County MULTNOMAH COUNTY
Scale Dote File
111 = 501