HomeMy WebLinkAboutPermit Miscellaneous 1982-2-28
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GROUND LEASE
THIS LEASE AGREEMENT is made and entered into on this
:2ffi/h day of
February, 1982, by and between Clades F. larson, hereinafter referred to as
Lessor, and Pacific 6 Motor Inn, an Oregon corporation, hereinafter referred
to as Lessee.
I.
The Lessor leases to Lessee on all the terms and conditions herein-
after set forth that 'portion of Tax Lot 100 of Section 22, 'l'cMnship 17 South,
Range 3, \\est of the Willamette ~ridian in lane County, Oregon, described
as follows:
Beginning at a point 265 feet from the Northwest corner
of Tax Lot 200 on Gateway Ibad; thence east 10 feet more
or less to the west ,line of the Southern Pacific Rail
Ibad Right of Way;' thence northHesterly along the west-
erly line of said Southern Pacific Rail Road Right of
,Way to the intersection with the east line of Gateway
Road and thence southerly along the east side of Gateway
lbad to the point of beginning, in lane County, Oregon.
II.
The Lessee shali use the property so leased for the construction, use
and rraintenance of a sign thereon, which will be approximately 15 feet in
height, 5 feet by 8 feet in size, ar,,]' shall be lighted and shall display
"Budget t>btel" (\~ith arrow). Lessee shall Obtain all required permits for
the construction and maintenance of such sign on the premises involved from
the proper authorities and shall maintain said sign in accordance with all
laws, rules and regulations appertaining. The premises so leased shall be
used for no other purposes without first having obtained
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Page 1 - GROUND LEASE
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therefor in writing. Lessor shall have the right to improve and use that
portion of the leased premises not used, needed and occupied by Lessee's sign
so long ,as such use and improvements by Lessor do not interfer with Lessee's
free use and right to repair and maintain the sign for its intended purposes.
III.
The term of the Lease shall be for a period of ten years w..."cncing
on the 1st day of April, 1982.
For and in consideration of this Lease,
Lessee is hereby granted the option to renew this Lease on all its terms and
conditions for two additional consecutive terms of ten years each, provided
and conditioned that' Lessee, in the exercise of the option to ren~w, must
give Lessor notice thereof within one month prior to the end of each ten-year
Lease period.
IV.
Lessee shall pay Lessor as rent the sum of $350.00 per year, payable
$350.00 upon the execution of this Lease and $350.00 per year thereafter,
payable in advance on the 1st day of April of each year during the Lease
term or during the extension or extensions thereof, provided, however, that
such annual rental payments shall be adjusted every five years during the
Lease term ev..."cucing April 1, 1987, such adjustment of rent shall be based
upon the Consumers Price Index.
v.
Notwithstanding any other provisions of this Lease, the Lessor is
granted the right to cancel this Lease upon giving Lessee 30-days previous
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notlce In wrltlng ,and ,by. paying ~ssee in cash the value of the sign and
erection thereof on the following basis: The value of this sign is estab-
lished at $2,200.00.
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If the Lease is cancelled during the first year
Page 2 - GROUND LEASE
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lease, the sum of $2,200.00 shall be paid to Lessor, aryd for each year there-
after, the sum to be paid shall be reduced by $200.00 per year comencing
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with the seoond year of the Lease term.
VI.
Lessee shall rot suffer or permit any Mechanic's Lien to attach to
the premises and shall not corrrnit or suffer to be ccmnitted any waste or any
nuisance of the demised premises.
VII.
Lessor shall not be liable for any loss, injury, debt or damages to
persons or "'.V!"=. ,-j which at any time may be suffered or sustained by Lessee
or any 'of its servants or agents. And Lessee shall indemnify Lessor against
all claims, liability, loss or damages resulting from Lessee, his servants or
agents' negligence in the use of the premises.
VIII.
Lessor shall pay all real property taxes and assessments levied
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against the land, and Lessee shall pay any and all taxes leavied upon the
sign which is to be oonstructed upon the premises. '!he sign so constructed
shall remain the personal property of the Lessee and shall not becane a part
of the real ",.v!,,=rty. Upon the termination 'of this Lease and any and all
extensions thereof', the Lessee shall rerrove the sign and leave the premises
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in substantially the same oondition as at the inception of the Lease. It
shall be the obligation of the Lessee to maintain the ground at the site of
the sign in an acceptable condition so as to oomply with any laws, rules and
regulations appii~able. Lessee
the use of the sign;
shall pay all electrical bills accruing i~~V-
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Page 3 - GRemiO LEASE
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IX.
Lessee may assign this Lease or sublet the premises without Leasor' s
consent. But the making of any such assignment or sublease shall not release
Lessee fran or otherwise affect in any manner any of Lessee's obligations
hereunder.
X.
In the event of any breach of this Lease by Lessee, Lessor, in add i-
tion to any legal ~<""cJJ as for breach of contract, shall have the right of
re-entry and the right to reIrOve the sign fran the' premises. Provided and
conditioned that Lessee shall not be in default in the performanCe of any
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terms of this Lease unless the Lessor has given Lessee, in writing, specific
notice of any breach, and Lessee not having reIrOved such breach or default
within 20 days after receipt of such notice specifing the default.
XI.
In the event of any litigation inivolving this Lease or any of its
terrrs, the prevailing party to such litigation shall be entitled to reason-
able attorney's fees on trial or on appeal.
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It! Wl'INESS WHEREOF, we, the undersigned, have set our hands and seals
on the date first herein'mentioned.
LESSOR:
LESSEE:
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If it is determined that the railroad right of way belongs to the
then sign will be moved to the north boundary at lessee expense.
property~ _
Page 4 - GROUND LEASE
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, STATE OF OREG::JN
ss.
County of Lane
Subscribed and sworn to before me this It?
by Charles F. Larson.
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day of Fcbrliary, 1982,
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/NqI'ARY PUBLIC FDr-6PE~. I/~-?
r1y Comission E~es: /0. 3/ -%3
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, Subscribed and sworn to before me this 10
by G. King Gillette for Pacific 6 Motor, Inn.
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day of 'r.:.~;, 1982,
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/ ARY PUBLIC 'C(, .
M Corrrnission pires: /tJ - '3/-.?3
Page 5 - GroUND LEASE
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