HomeMy WebLinkAboutCorrespondence APPLICANT 7/18/2007
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: QelJma~ Letter :OfTransmittal
PROFESSIONAl ENGINEERS
lAND SURVEYORS
BUilDING DESIGNERS
8ll6N.NINTtl "'N:I::': C01TAGEGlIDVE.OR91424
PHONE (541)942-0126 fill( (5411942.1935
EMA/L: ~_,,.Iob1II.l1et
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To: City of Springfield Planning Department
225 Fift\1 St.
Sprin~eld, OR . . 97477
Date: July 18,2007
Attn: Mr, David Reesor
I Job # G124
Re: ,DRC2007-00003
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COMMENTS
Dear David:
Attached is a recorded copy ofthe easement requested by SUB for electrical service to the BFD Investments"
(" property as reqJested in the tentative approval conditions" "
SUB will install the water line in the PUE along the south side of Olympic as we understand it. They have not'
requested any other easements from us or our client.
Also attached is a copy of the proposed lease agreement with provisions for DWP issues included as Item (2E)
and following,
Call if you need anything else for final approval of our site review,
RECEIVED
JUl 1 8 2007
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Copy To:
.1 Signature:
1 :ritle:,
" "Ronald D. Rice, PE, PLS, Sr, Principal
V:\Projects\2006\G.l24\WPDocs\Final site plan application\reesor-sub.ease-xmtl.718
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LEASE
THIS INDENTURE OF LEASE, MADE AND ENTERED INTO ON
BETWEEN BFD INVESTMENTS, HEREINAFTER REFERRED
TO AS LESSORS, AND
HEREINAFTER REFERRED TO AS LESSEE(S).
- ,
IN CONSIDERATION OF ,THE COVENANTS AND
AGREEMENT HEREIN CONTAINED TO BE KEPT AND PERFORMED BY THE LESSEE,
THE LESSOR DOES HEREBY LEASE, DEMISE AND LET UNTO TIE LESSEE, FOR THE
TERM HEREINAFTER SP,ECIFIED THOS.EPREMISES LOCATED IN THE CITY OF
SPRINGFIELD, COUNTY OF LANE, AND STATE OF OREGON, AT FOLLOWING
ADDRESS: .
TO HAVE AND TO HOLD THE SAME UNTO SAID LESSEE FOR A TERM
BEGINNING ON AND INCLUDING AND CONTINUING
,
TO ,AND INCLUDING . RENT PAYMENTS ARE DUE
IN ADVANCE ONTHE DAY OF EACH MONTH.
LESSEE SHALL.HA VE THE OPTION TO RENEW THIS LEASE FOR ONE
(1) YEAR PERIODS.
AT THE DISCRETION OF THE LESSOR, AN ESCROW COMP ANY MAY BE USED TO
HANDLE COLLECTION OF RENT AND TAXES, IN THIS EVENT, THE LESSEE SHALL
PAY ALL ESCROW SET-UP FEES AND COLLECTION COSTS. INITIALLY, ALL
PAYMENTS ARE TO,BE MADE TO:
THE LESSEE SHALL PAY THE LESSOR THE SUM OF
REPRESENTING,THE:,
FIRST MONTH'S RENT ONLY
FIRST AND LAST MONTH'S RENT
ADDITIONAL COVENANTS OR EXCEPTIONS:
.
)
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. McKenzie Taylor Center Lease
, LESSEE DOES HEREBY COVENANT AND AGREE TO AND WITH THE LESSOR AS
FOLLOWS:
,LESSEES ACCEPTANCE OF LEASE,
(1) THE LESSEE ACCEPTS SAID LETTING AND AGREES TO PAY TO THE
ORDER OF THE LESSOR THE PAYMENTS STATED FOR THE FULL
TERM OF THIS LEASE, INADV ANCE. AT THE TIMES AND IN THE
MANNER AFORESAID, SAID LESSEES DO HEREBY EXPRESSLY
COVENANT TOAND WITH SAID LESSORS, THEIR .HEIRS; EXECUTORS,
ADMINISTRATORS, REPRESENTATIVES AND ASSIGNS, AS FOLLOWS:
lJSE OF PREMISES
(2A) THE LESSEE SHALL USE THE SAID DEMISED PREMISES DURING THE
TERM OF THIS LEASE FOR.THE CONDUCT OF THE FOLLOWING
BUSINESS:
AND FOR NO OTHER PURPOSE WHATSOEVER WITHOUT THE
WRIT,TENCONSENT OF THE LESSORS, HOWEVER CONSENT SHALL
NOT BE UNREASONABLY WITH HELD.
( 2B) THE LESSEE WILL NOT MAKE ANY UNLAWFUL, IMPROPER, OR
OFFENSIVE USE OF SAID PREMISES; HE WILL NOT,SUFFER ANY
STRIP OR WASTE THEREOF; HE WILL NOT PERMIT ANY
OBJECTIONABLE NOISE OR ODOR TO ESCAPE OR TO BE"EMITTED
FROM SAID PREMISES OR-DO ANYTHING OR PERMIT ANYTHING TO'
BE DONE UPON OR ABOUT SAID PREMISES IN ANYWAY TENDING
TO CREATE A NUISANCE; HE WILL NOT SELL OR PERMIT TO BE
SOLD ANY SPIRITOUS, VINOUS, OR MALT LIQUORS ON SAID
PREMISES, EXCEPTING SUCH AS LESSEE MAY BE LICENSED BY LAW
TO SELL AND MAY BE HEREIN EXPRESSLY PERMITTED.' '
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, McKenzie Taylor Center Lease
(2C), THE LESSEE WILL NOT ALLOW THE LEASED PREMISES AT ANY TIME
TO FALL INTO SUCH AST A TE OF REPAIR OR DISORDER AS TO
INCREASE THE FIRE HAZARD THEREON; HE SHALL NOT INSTALL
ANY POWER.MACHINERY ON SAID PREMISES EXCEPT UNDER THE
, SUPERVISION AND WITH WRITTEN CONSENT OF THE LESSOR; HE
SHALL NOT STORE GASOLINE OR OTHER HIGHLY COMBUSTIBLE
MATERIALS ON SAID PREMISES AT ANYTIME; BE WILL NOT USE
SAID PREMISES IN SUCH AWAY OR FOR SUCH PURPOSE THAT THE
FIRE INSURANCE RATE ON THE BUILDING ON WHICH SAID
PREMISES ARE LOCATED IS THEREBY INCREASED OR THAT WOULD
PREVENT ANYONE FROM TAKING ADVANTAGE OF ANY RULINGS OF
THE INSURANCE RATING BUREAU OF THE STATE IN WHICH SAID
LEASED PREMISES ARE SITUATED OR ITS SUCCESSORS, WHICH
WOULD ALLOW ANYONE TO OBTAIN REDUCED PREMIUM RATES
FOR LONG TERM FIRE INSURANCE POLICIES.,
(2D) LESSEE SHALL COMPLY AT LESSEES OWN EXPENSE WITH ALL
, , .LA WSAND REGULATIONS OF ANY MUNICIPAL, COUNTY, STATE,
FEDERAL, OR OTHER PUBLIC AUTHORITY RESPECTING THE USE OF
SAID LEASED PREMISES. '
(2E) PROPERTY LIES IN A DRINKING WATER PROTECTION (DWP)
OVERLAY ZONE AND TENANTS ARE HEREBY NOTIFIED THAT THE
PROPERTY TO BE LEASED LIES WITHIN' A DRINKING WATER
, PROTECTION OVERLAY ZONE AND SPECIAL RESTRICTIONS APPLY.
TENANT SHALL VERIFY REQUIREMENTS OF STORAGE, HANDLING
AND DISPOSAL OF MATERIALS AND SUBSTANCES STORED ON SITE
WITH THE CITY OF SPRINGFIELD PRIOR TO EXECUTIOl':-l OF THE
LEASE.
(2F) DWP ZONE APPLICATION AND PERMIT OR EXEMPTION,
VERIFICATION REQUIRED PRIOR TO OCCUPANCY OF EACH
INDIVIDUAL LEASE SPACE. TENANTS SHALL SUBMIT A HAZARDOUS
MATERIALS INVENTORYSTATEMENT TO THE SPRINGFIELD UTILITY
BOARD WATER QUALITY PROTECTION COORDINATION AND TO THE
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CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT TO
DETERMINE WHETHER OR NOT A DRINKING WATER PROTECTION
APPLICATION WILLBE REQUIRED. PRIOR TO EXECUTION OF A '
LEASE ON THE PROPERTY, ALL PROSPECTIVE TENANTS SHALL
COMPLETE A DWP PERMIT APPLICATION ACCORDING TO ARTICLE
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McKenzie Taylor'Center Lease
17 OF THE SPRINGFIELD DEVELOPMENT CODE. AS ALLOWED BY
THE CODE, AN .EXEMPTlON MAY BE REQUESTED PRIOR TO
SUBMITTAL OF THE DWP APPLICATION
(2G) CERTAIN SUBSTANCES ARE PROHIBITED FROM USE OR STORAGE
, ON THIS PROPERTY. NO TENANT MAY STORE OR USE DENSE NON-
AQUEOUS PHASE LIQUID (DNAPL) MATERIALS AT THIS SITE,
(2H) SECONDARY CONTAINMENT REQUIRED FOR CERTAIN CHEMICAL
SUBSTANCES, NO TENANT MAY STORE ANY CHEMICAL
REGULATED UNDER SPRINGFIEL[) DEVELOPMENT CODE ARTICLE 17
ON SITE UNLESS SECONDARY CONTAINMENTIS PROVIDED THAT
MEETS CITY OF SPRINGFIELD REQUIREMENTS.
UTILITIES
(3) . THE LESSEE SHALL PAY FOR ALL HEAT, LIGHTS, POWER, AND
OTHER SERVICES OR UTILITIES USED IN THE ABOVE LEASED
PREMISES DURING THE TERM OF THIS LEASE.
REPAIRS AND MAINTENANCE
(4A) THE LESSOR AGREES TO MAINTAIN IN GOOD ORDER AND REPAIR
,
DURING THE TERM OF THIS LEASE THE EXTERIOR WAILS,
GUTTERS, DOWN S~OUTS, AND FOUNDATIONS OF THE BUILDING.
THE LESSORS SHALL NOT BE REQUIRED TO MAINTAIN OR REPAIR
, ANY OTHER PART OF THE LEASED PREMISES DURIl4G THE TERM OF
THIS LEASE, NOR SHALL LESSOR BE. REQUIRED TO MAKE ANY
REPAIRS, ALTERATIONS, ADDITIONS, OR IMPROVEMENTS TO OR
UPON SAID PREMISES DURING TILE TERM OF THIS LEASE, EXCEPT
THOSE HEREINAFTER SPECIFICALLY PROVIDED FOR,
(4B) SAID LESSEES WILL AT THEIR OWN EXPENSE AND COST MAKE ANY
AND ALL ALTERATIONS AND ,CHANCES WHICH MAY BE NECESSARY
, OR REQUIRED FOR THE CARRYING ON AND CONDUCT OF THE /
BUSINESS ON SAID PREMISES AND THAT LESSEES WILL PROTECT
AND HOLD HARMLESS THE SAID LESSORS FROM ANY ACTION FOR
DAMAGES OR INJURIES IN THE ALTERATIONS AND REPAIRS TO BE
MADE, INCLUDING WORKMEN OR PEDESTRIANS PASSING ON THE
STREET OR SIDEWALK, AND WILL NOT PERMIT ANY LIEN TO BE
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McKenzie Taylor Center Lease
ATTACHED TO SAID BUILDING ON ACCOUNT OF ANY CHANGE OR
) ALTERATION, AND WILL COMPLY AT ALL.TIMES WITH THE CITY
ORDINANCES, OR OTHER REGULATIONS WHICH MAY BE MADE
WITH RESPECT TO SUCH ALTERATIONS AND THE OCCUPANCY AND
USE OF SAID PREMISES.
(4C). ,THE LESSEE HEREBY AGREES TO MAINTAIN AND KEEP SAID
PREMISES INCLUDING:
HEATING SYSTEM, INTERIOR WIRING, PLUMBING, AND EXTERIOR
WALLS (IF USED FOR DISPLAYS, SIGN, ETC. AND LIGHT FIXTURES.),
IN GOOD ORDER AND REPAIR DURING THE ENTIRE TERM OF THIS,
LEASE AT LESSEES QWN EXPENSE. LESSEE FURTHER AGREES THAT
HE WILL MAKE NO ALTERATION, ADDITIONS, OR IMPROVEMENTS '
TO OR UPON SAID PREMISES WITHOUT;THE WRITTEN CONSENT OF
THE LESSORS FIRST BEING OBTAINED. HOWEVER, SUCH CONSENT
SHALL NOT BE UNREASONABLY WITHHELD. LESSORS SHALL HAVE
THE RIGHT TO INSPECT THE PREMISES.AND THE WHOLE THEREOF
DURING BUSINESS HOURS AND LESSEE SHALL MAKE SUCH
REASONABLE REPAIRS AS THE LESSORS FIND TO BE NECESSARY
WITHIN THIRTY DAYS OF THE LESSEES NOTIFICATION THEREOF.
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IT'IS UNDERSTOOD AND AGREED THAT. THE LESSORS RESERVES
THE RIGHT AND MAY ANY TIME ALTER, REPAIR OR IMPROVE THE
BUILDING OF WHICH SAID PREMISES ARE APART, OR TO ADD
THERETO AND FOR THAT PURPOSE AT ANY TIME MAYERECT,
SCAFFOLDING AND ALL OTHER NECESSARY STRUCTURES ABOUT
AND UPON THE DEMISED PREMISES AND LESSOR AND LESSORS
REPRESENTATIVES, CONTRACTORS AND WORKMEN FOR THAT
PURPOSE MAY ENTER IN OR ABOUT THE SAID PREMISES WITH SUCH
MATERIALS AS LESSORMA Y DEEM NECESSARY THEREFOR, AND
LESSEE VI AlVES ANY CLAIM TO DAMAGES, INCLUDING LOSS OF
BUSINESS RESULTING THEREFROM, .
, (4D) , ' THE LESSEE AGREES THAT THE LESSEE SHALL REPAIR OR REPLACE
, ALL DOORS, niEIR HARDWARE, OUTSIDE LIGHT FIXTURES, CURB
BUMPERS IN THE PARKING LOT WHICH ARE DAMAGED IN ANY
MANNER. THE LESSEE SHALL ALSO MAINTAIN THE PARKING LOT
AS TO SWEEPING OR HOSING DOWN AND WILL MAINTAIN, REPAIR
OR REPLACE ANY SIDEWALKS ON THIS PROPERTY THAT MAY
, .
BECOME DAMAGED, AND WILL MAINTAIN, MOW WEED, REPLANT
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McKenzie Taylor Center Lease
AND KEEP NEAT AND CLEAN ALL OF THE PLANTER AREAS ON THIS
PROPERTY. LESSEE SHALL ALSO MAINTAIN THE SEWER LINE.
INSPECTION
(S) IT SHALL BE LAWFUL FOR THE LESSOR, HIS AGENTS AND
REPRESENTATIVES AT ANY REASONABLE TIME TO ENTER INTO OR
UPON SAID DEMISED PREMISES FOR THE PURPOSE OF EXAMINING
INTO THE CONDITION THEREOF, OR ANY OTHER LA WFUL PURPOSE.
ASSIGNMENT
(6) LESSEE WILL NOT ASSIGN, TRANSFER, PLEDGE, HYPOTHECA'I:E, ,
SURRENDERS OR OTHERWISE ENCUMBER OR DISPOSE OF THIS
LEASE, OR ANY INTEREST HEREIN, OR PERMIT ANY OTHER PERSON,
COMPANY, OR CORPORATION TO OCCUPY THE PREMISES WITHOUT
THE WRITTEN CONSENT OF THE LESSORS BEING FIRSTOBT AINED TI'I
WRITING BUT CONSENT TO AN ASSIGNMENT SHALL NOT BE
UNREASONABLY WITHHELD.
LIENS
(7)
THE LESSEE WILL NOT PERMIT ANY LIEN OF ANY KIND, TYPE OR
DESCRIPTION TO BE PLACED OR IMPOSED UPON THE BUILDING IN
WHICH SAID LEASED PREMISES ARE SITUATED, OR ANY PART
THEREOF, OR THE REAL ESTATE ON WHICH IT STANDS.
ADVANCES BY LESSORS
(8) IT IS AGREED BY LESSEES THAT SHOULD LESSORS AT ANY TIME, BE
REQUIRED TO ADVANCE ANY SUMS EITHER AT THE REQUEST OF
LESSEES OR OTHERWISE FOR THE PAYMENT OF TAXES, FIRE
INSURANCE PREMIUMS, LIENS, REPAIRS, ASSESSMENTS, AND
MAINTENANCE ON THE PREMISES, OR ANY OTHER SUMS WHICH
LESSEES ARE OBLIGATED TO PAY HEREUNDER, LESSORS SHALL BE
ENTITLED TO REIMBURSEMENT FOR SUCH ADVANCED SUMS UPON
DEMAND WITH INTEREST AT THE RATE OF 18% PER ANNUM FROM
'THE DATE OF ADVANCEMENT. IN rUE EVENT LESSEES FAIL TO PAY
SUCH SUMS UPON DEMAND SUCH FAILURE SHALL CONSTITUTE A
BREACH OF THIS LEASE BY LESSEES.
ICE. SNOW: AND DEBRIS
(9) AT ALL TIMES THE LESSEES SHALL KEEP THE SIDEWALKS AND THE
ASPHALT PARKING SPACES OF niE DEMISED PREMISES FREE AND
CLEAR OF ICE, SNOW, RUBBISH, DEBRIS, AND OBSTRUCTION, AND
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McKenzie Taylor Center Lease
WILL SAVE HARMLESS AND PRaTECT THE LESS.oR AGAINST ANY
INJURY Ta LEssaR aRTa LEssaRS PRaPERTY .oR Ta ANY aTHER
, ,
PERsaN .oR PRaPERTY CAUSED BY HIS FAILURE IN THAT REGARD,
ADVERTISING SIGNS
(10) THE LESSEE WILL NaT USE THE RaaF ap SAID PREMISES, .oR
ALLaW SIGNS .oR DEVICES .oF ANY KIND Ta BE ATTACHED
THERETO .oR SUSPENDED THEREFRaM, FaR ADVERTISING .oR
DISPLAYING THE NAME .oR BUSINESS .oF THE LESSEE .oR FaR ANY
'PURPaSE WHA TsaEVER WITHaUT THE WRITTEN caNSENT .oF THE
LEssaR. THE LESSEE MAY MAKE USE .oF THE FASCIA .oF SAID
LEASES PREMISES Ta DISPLAY LESSEES NAME AND BUSINESS
WREN THE'waRKMANSHIP .oF SUCH SIGNS SHALL BE .oF GaaD
QUALITY AND PERMANENT NATURE, AND INSTALL SUCH LIGHTING
FIXTURES, WIRING, aTHER APPARATUS FaR TUE LIGHTING .oF SAID
I?REMISES WHICH THEY HAY DESIRE IN ADDITIaN Ta WHAT MAY
Naw BE INSTALLED. '
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LIABILITY INSURANCE
(II) THE LESSEE FURTHER AGREES AT ALL T,IMES DURING THE TERM .oF
THE LEASE, AT HIS aWN EXPENSE, Ta MAINTAIN, KEEP IN EFFECT,
Fl,{RNISH AND DELIVER Ta THE L~ssaR; LIABILITY INSURANCE
paLICIES IN FaRM AND WITH AN INSURER SATISFACTaRY Ta THE
LEssaR, INSURING BaTH THE LEssaR AND THE LESSEE AGAINST ALL
LIABILITY FOR DAMAGES Ta PERsaN .oR PRaPERTY IN .oR ABaUT
SAID PREMISES;'THE'AMaUNT .oF SAID LIABILITY INSURANCE SHALL
NaT BE LESSTHAN $ I 00,000.00 FaR INJURY TO .oNE PERsaN,
$300;000.00 FaR INJURIES ARISING aUT .oF ANY .oNE ACCIDENT,AND
,NaT LESS THAN $50,000,00 FaR PRaPERTY DAMAGE. LESSEE AGREES
Ta AND SHALL INDEMNIFY AND HaLD LEssaR HARMLESS AGAINST
ANY AND ALL CLAIMS AND DEMANDS ARISING FROM' THE
,
NEGLIGENCE .oF THE LESSEE, HIS .oFFICERS, AGENTS, INVITEES, AND
.oR EMPLaYEES, AS WELL AS THaSE ARISING FRaM LESSEES
FAILURE Ta CaMPLY WITH. ANY caVENANT .oF THIS LEASE, aN HIS
PART Ta BE PERFaRMED, AND SHALL AT HIS aWN EXPENSE DEFEND
THE LEssaR AGAINST ANY AND ALL SUITS .oR ACTIaNS ARISING
aUT .oF SUCH NEGLIGENCE ACTUAL .oR' ALLEGED, AND ALL APPEALS
THEREFRaM AND SHALL SATISFY AND DISCHARGE ANY JUDGEMENT
WHICH MAY BE AWARDED AGAINST LEssaR IN ANY SUIT .oR'
ACTIaN. A CERTIFICATE .oF THE INSURER REQUIRING TENDAYS
NaTICE Ta THE LEssaRS PRIaR Ta CANCELLATIaN .oF ANY paLICIES
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REQUIRED HERj:UNDER SHALL BE DELIVERED TO LESSORS, THE
FIRST SUCH CERTIFICATE SHALL BE DELIVERED TO LESSORS PRIOR
TO POSSESSION DATE.
FIXTUR ES
(12) ALL PARTITIONS, PLUMBING, ELECTRICAL WIRING, CARPETS;
ADDITIONS TO OR IMPROVEMENTS UPON SAID LEASED PREMISES,
WHETHER, INSTALLED BY THE LESSOR OR LESSEE, SHALL BECOME A
PART OF THE BUILDING AS SOON AS INSTALLED AND BECOME THE
PROPERTY OF THE LESSORS UNLESS OTHERWISE HEREIN PROVIDED.
LIGHT AND AIR
(13) THIS LEASE DOES NOT GRANT ANY RIGHTS OF ACCESS TO LIGHT'
AND AIR OVER THE PROPERTY. '
DAMAGE BY CASUALTY. FIRE, AND DUTY TO REPAIR
(14) IN THE EVENT OF THE DESTRUCTION OF THE BUILDING IN WHICH
SAID LEASED PREMISES ARE LOCATED BY FIRE OR OTHER ,
CASUALTY, EITHER PARTY HERETO MAY TERMINATE THIS LEASE AS
OF THE DATE OF SAID FIRE OR CASUALTY. PROVIDED, HOWEVER,
THAT IN THE EVENT OF DAMAGE TO SAID BUILDING BY FIRE OR
OTHER CASUALTY TO THE EXTENT OF 30% OR MORE OF THE SOUND
VALUE OF SAID BUILDING, THE LESSOR MAY OR MAY NOT ELECT TO
REPAIR SAID BUILDING; WRITTEN NOTICE OF LESSORS SAID
ELECTION SHALL BE GIVEN LESSEE WITHIN FIFTEEN DAYS AFTER
THE OCCURRENCE OF SAID DAMAGE; IF SAID NOTICE IS'NOT GIVEN,
LESSOR CONCLUSIVELY. SHALL BE DEEMED TO HAVE ELECTED NOT
TO REPAIR; IN THE EVENT LESSOR ELECTS NOT it REPAIR SAID
BUILDING, THEN AND IN THAT EVENT THIS LEASE SHALL
TERMINATE WITH THE DATE OF SAID DAMAGE; BUT IF THE BUILDING
IN WHICH LEASED PREMISES ARE LOCATED BE BUT P ARTIALL Y
DESTROYED AND THE DAMAGE SO OCCASIONED SHALL NOT
AMOUNT 'ID THE EXTENT INDICATED ABOVE, OR IF GREATER THAN
SAID EXTENT AND LESSOR ELECTS TO REPAIR, AS AFORESAID THEN
THE LESSOR SHALL REPAIR THE BUILDING WITH ALL CONVENIENT
SPEED AND SHALL HAVE THE RIGHT TOT AKE POSSESSION OF AND
OCCUPY, TO THE EXCLUSION OF THE LESSEE, ALL OR ANY PART OF
SAID BUILDING IN ORDER TO HAKE THE NECESSARY REPAIRS, AND
THE LESSEE HEREBY AGREES TO V ACA TE UPON REQUEST ALL OR
ANY PART OF SAID BUILDING WHICH THE LESSOR MAY REQUIRE FOR
THE PURPOSE OF MAKING NECESSARY REPAIRS, AND FOR THE
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McKenzie Taylor Center Lease
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PERIOD OF TIME BETWEEN THE DAY OF:SUCH DAMAGE AND UNTIL
SUCH REI' AIRS HAVE BEEN SUBSTANTIALLY COMPLETED, THERE
SHALL BE SUCH AN ABATEMENT OF REr:n AS THE NATURE OF THE,
INJURY OR DAMAGE AND ITS INTERFERENCE WiTH THE OCCUPANCY
OF SAID LEASED PREMISES BY LESSEE SHALL WARRANT. HOWEVER,
IF THE PREMISES BE BUT SLIGHTLY DAMAGED, AND THE DAMAGE
SHALL NOT CAUSE ANY MATERIAL INTERFERENCE WITH THE
OCCUPATION OF THE PREMISES BY SAID LESSEE,_ THEN THERE SHALL
BE NO ABATEMENT OF RENT AND THE DESSOR SHALL REI' AIR SAID
,DAMAGE WITH ALL CONVENIENT Sl'EED:
WAIVER OF SUBROGATION RIGHTS
(15) NEITHER THE LESSOR NOR THE LESSEE SHALL BE LIABLE TO THE
OTHER FOR LOSS ARISING OllT OF DAMAGE TO OR DESTRUCTION OF
THE LEASED PREMISES OR THE BUILDINQ OR IMPROVEMENT OF
WHICH THE LEASED PREMISES ARE A PART OR WITH WHICH THEY
ARE CONNECTED, OR THE CONTENTS OF ANY THEREOF, WHEN SUCH
LOSS IS CAUSED BY ANY OF THE PERILS WHICH ARE OR COULD BE
INCLUDED WITHIN OR INSURED AGAINST BY A STANDARD FORM OF
FIRE INSURANCE WITH EXTENDED COVERAGE. ALL SUCH CLAIMS
FOR ANY AND ALL. LOSS, HOWEVER CAUSED HEREBY ARE WAIVED,
SAID ABSENCE OF LIABILITY SHALL EXIST WHETHER OR NOT THE
DAMAGE OR DESTRUCTION IS CAUSED BY THE NEGLIGENCE OF
EITHER LESSOR OR LESSEE OR BY ANY OF THEIR RESPECTIVE
AGENTS, SERVANTS, OR EMPLOYEES. IT I S THE INTENTION AND
AGREEMENT OF THE LESSOR AND THE LESSEE THAT THE RENTALS.
RESERVED BY THIS LEASE HAVE BEEN FIXED IN CONTEMPLATION
THAT EACH PARTY SHALL FULLY PROVIDE HIS OWN INSURANCE ,
PROTECTION AT HIS OWN EXPENSE, AND THAT EACH PARTY SHALL
LOOK TO HIS RESPECTIVE INSURANCE CARRIER FORI
REIMBURSEMENT OF ANY SUCH LOSS, AND FURTHER, THAT THE
INSURANCE CARRIER INVOLVED ,SHALl:: NOT BE ENTITLED TO
, SUBROGATION UNDER ANY CIRCUMSTANCES AGAINST ANY PART OF
THIS LEASE: NEITHER THE LESSQR NORTHE LESSEE SHALL HAVE
ANY INTEREST OR CLAIM IN THE OTHER'S INSURANCE POLICY OR
, POLICIES, OR THE PROCEEDS THEREOF, UNLESS SPECIFICALLY
COVERED THEREIN AS A JOINT INSURED.
FOR SALE OR FOR,RENT SIGNS
(I 6) DURING THE PERIOD OF 60 DAYS PRIOR,TO THE DATE FIXED FOR
THIS TERMINATION OF SAID LEASE; THE LESSOR HEREIN MAY POST
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ON SAID PREMISES OR IN THE WINDOWS THEREOF, SIGNS OF
MODERATE SIZE NOTIFYING THE PUBLIC THAT THE PREMISES ARE
"FOR SALE" OR "FOR RENT" OR "FOR LEASE".
DELIVERING UP PREMISES ON TERMINATION
(17) AT THE EXPIRATION OF SAID TERM OR UPON ANY SOONER
TERMINATION THEREOF, THE LESSEES WILL QUIT AND DELIVER UP
SAID PREMISES AND ALL FUTURE ERECTIONS OR ADDITIONS TO OR
UPON SAID PREMISES, BROOM CLEAN, TO THE LESSOR OR THOSE
HAVING LESSOR'S ESTATE IN THE PREMISES, PEACEABLY, QUIETLY,
AND IN GOOD ORDER AND CONDITION, REASONABLE USE AND WEAR
, ,
THEREOF, DAMAGE BY FIRE, UNAVOIDABLE CASUALTY AND THE
ELEMENTS ALONE EXCEPTED, AS THE SAME ARE NOW IN OR
HEREAFTER MAY BE PUT IN BY THE LESSOR.
REMOVAL OF LESSEES PROPERTY
(18) ALL PORTABLE FURNISHINGS AND PORTABLE EQUIPMENT PLACED
ON THE LEASED PREMISES AT THE EXPENSE OF LESSEES SMALL AT
ALL TIMES BE AND REMAIN THE PROPERTY OF LESSEES. WITHIN
THIRTY DAYS AFTER TERMINATION OF THIS LEASE, LESSEES SHALL,
AT LESSEES EXPENSE, REMOVE ALL SUCH FURNISHINGS AND
EQUIPMENT FROM THE LEASED PREMISES. IN THE EVENT THAT
,LESSEES SHALL NOT DO SO WITHIN THIRTY DAYS, LESSORS MAY DO
SO AND STORE SUCH ITEMS AT LESSEES EXPENSE, AND LESSEES
SHALL MAKE NO CLAIM AGAINST LESSORS FOR DAMAGE THERETO.
LESSEES SHALL PAY RENT UNTIL SUCH REMOVAL. ALL PERMANENT
FIXTURES, ONCE INSTALLED, SHALL BECOME THE EXCLUSIVE
PROPERTY OF LESSORS.
ATTACHMENT. BANKRUPTCY AND DEFAULT
(19) PROVIDED, ALWAYS, AND THESE PRESENTS ARE UPON THIS
CONDITION, THAT IF THE LESSEE SHALL BE IN ARREARS IN THE
PAYMENT OF ,SAID RENT FOR A PERIOD OF FIVE (5) DAYS AFTER THE
SAME BECOMES DUE, OR IF SAID LESSEE SHALL FAIL OR NEGLECT
TO DO, KEEP, PERFORM, OR OBSERVE ANY OF THE COVENANTS AND
AGREEMENTS CONTAINED HEREIN ON LESSEE"S PART TO BE DONE,
AND SUCH DEFAULT SHALL CONTINUE FOR TEN (10) DAYS OR MORE,
AFTER WRITTEN NOTICE OF SUCH FAILURE OR NEGLECT SHALL BE
GIVEN TO LESSEE, OR IF SAID LESSEE SHALL BE DECLARED
BANKRUPT OR INSOLVENT ACCORDING TO LAW, OR IF ANY
ASSIGNMENT OF LESSEE'S PROPERTY SHALL BE MADE FOR THE
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BENEFIT OF CREDITOR AS OR IF ON THE EXPIRATION OF THIS LEASE,
LESSEE FAILS TO SURRENDER POSSESSION OF SAID LEASED
l PREMISES, THEN AND IN EITHER OF SAIp CASES 0 I % EVENTS, THE
LESSOR OR THOSE HAVING tHE LESSOR'S ESTATE IN THE PREMISES,
,LAWFULLY, AT HIS OR THEIR OPTION, IMMEDIATELY OR AT ANY
TIME THEREAFTER, WITHOUT DEMAND OR NOTICE, MA Y~ENTER
" INTO AND UPON SAID DEMISED PREMISES AND EVERY PART
THEREOF AND REPOSSESS THE SAME AS OF LESSOR'S FORMER
ESTATE AND EXPEL SAID LESSEE AND THOSE CLAIMING BY AND
THROUGH THE LESSEE, AND REMOVE LESSEE'S EFFECTS AT LESSEES
EXPENSE FORCIBLY IF NECESSARY, AND STORE THE SAME ALL
WITHOUT BEING DEEMED GUILTY OF TRESPASS AND WITHOUT
PREJUDICE TO ANY REMEDY WHICH OTHERWISE MIGHT BE USED.
1
FOR ARREARS OF LEASE PRECEDING BREACH OF THE COVENANT. IN
,THE EVENT .oF ANY BREACH OF TInS LEASE, LESSOR SHALL BE
ENTITLED TO THE FOLLOWING REMEDIES AGAINST LESSEE" IN
,ADDITION TO ANY OTHER REMEDIES P~OVIDED BY LAW, ALL OF
WHICH SHALL BE TREATED AS CUMULATIVE,
(a)' IN THE EVENT OF DEFAULT, THE LESSORS SHALL RETAIN ANY
PREPAID LEASE PAYMENTS AS LIQUIDATED DANACES, THIS IS NOT,
HOWEVER, AN EXCLUSIVE REMEDY AND THE LESSORS RESERVE THE
RIGHT TO EXERCISE ANY OTHER A V AILABLEREMEDIES FOR BREACH
OF TillS LEASE IN ADDITION TO SUCH LIQUIDATED DAMAGES,
(b) WITHOUT DECLARING TUE TERM OF THJS LEASE ENDED, RE.-,ENTER
THE PREMISES AND OCCUPY THE SAME"OR ANY PORTION THEREOF,
, OR RELET THE WHOLE OR ANY PORTION THEREOF FOR AND ON
ACCOUNT OF LESSEE.
( c) EVEN THOUGH LESSORS MAY HAVE RE-'--ENTERED OR RE~LET ALL, '
OR ANY PORTION OF THEPREMISESAS PROVIDED ABOVE, LESSORS
MAY THEREAFTER AT ANY TIME ELECT TO TERMINATE nus LEASE
FOR THE PREVIOUS DEFAULT ON THE PART OF THE LESSEE AND
TERMINATE ALL OF THE RIGHTS OF LESSEE IN AND TOTHE
, PREMISES.
(d) IN ANY OF THE FOREGOING CASES, LESSORS SHALL BE ENTITLED TO
RECOVER AS DAMAGES:
(1) ALL OF LESSORS INCIDENTAL AND CONSEQUENTIAL
DAMAGES CONNECTED WITH RE-ENTRY AND RELETTING OF
,Page"! I ,of 16
McKenzie Taylor Center Lease
'\
THE PREMISES, PLUS
(2) THE DIFFERENCE BETWEEN THE RENT, IF ANY, THAT MAY
BE RECEIVED ON THE PREMISES AFTER TERMINATION OR
ABANDONMENT AND THE RENT WHICH LESSORS WOULD
HAVE RECEIVED HAD LESSEE NOT BREACHED THIS LEASE.
(e) LESSORS COST OF RE-ENTRY AND RE-LETTING INCLUDE, BUT ARE'
NOT LIMITED TO, ATTORNEY FEES, BROKER COMMISSIONS, AND
ALL COSTS OF PRESERVATION, PROTECTION, AND MAINTENANCE
OF THE PREMISES INCURRED BY LESSORS BETWEEN THE TIME OF
DEFAU~T AND RE-LETTING.
HOLDING OVER
(20) IN THE EVENT THAT THE LESSEE FOR ANY REASON SHALL HOLD
OVER AFTER THE EXPIRATION OF THIS LEASE, SUCH HOLQINGOVER
SHALL NOT BE DEEMED TO OPERATE AS A RENEWAL OR
EXTENSION OF THIS LEASE, BUT SHALL ONLY CREATE A TENANCY
PROM MONTII TO MONTH WHICH MAY BE TERMINATED AT WILL AT
ANY TIME BY THE LESSOR,
ATTORNEY FEES AND COURT COSTS
(21) 'IN CASE SUIT OR ACTION IS ,INSTITUTED TO ENFORCE COMPLIANCE
WITH ANY OF THE TERMS, COVENANTS OR CONDITIONS OF THIS
LEASE, OR TO COLLECT THE RENTAL WHICH MAY BECOME DUE
HEREUNDER, OR ANY PORTION THEREOF,':JHE LESSEE AGREES TO
PAY SUCH SUMS AS THE TRIAL COURT MAY ADJUDGE.
WAIVER
(22) ANY WANER BY THE LESSOR OF ANY BREACH OF ANY COVENANT
HEREIN CONTAINED TO BE KEPT AND PERFORMED BY THE LESSEE
SHALL NOT BE DEEMED OR CONSIDERED AS A CONTINUING
WAIVER, AND SHALL NOT OPERATE TO BAR OR PREVENT TUE
LESSOR FROM DECLARING A FORFEITURE FOR ANY SUCCEEDING
BREACH EITHER OF THE SAME CONDITION OR COVENANT OR
OTHERWISE
HEIRS AND ASSIGNS
(23) ALL RIGHTS, REMEDIES; AND LIABILITIES HEREIN GIVEN TO OR
,IMPOSED UPON EITHER OF THE PARTIES HERETO SHALL EXTEND
TO, INURE TO THE BENEFIT OF, AND BIND AS THE CIRCUMSTANCES
HAY REQUIRE, THE HEIRS, EXECUTORS, ADMINISTRATORS,
Page 12 of 16
.
, McKenzie Taylor Center Lease
SUCCESSORS, AND SO FAR AS THIS LEASE IS ASSIGNABLE BY THE,
TERMS HEREOF, TO THE ASSIGNS OF SUCH PARTIES, IN
CONSTRUING THIS LEASE, IT IS UNDERSTOOD THAT THE LESSOR OR
THE LESSEE MAY BE MORE THAN ONE"PERSON. IF THE CONTEXT SO
REQUIRE, THE SINGULAR PRONOUN SHALL BE TAKEN TO MEAN
AND INCLUDE TH~ PLURAL, THE MASCULINE, THE FEMININE, AND
THE NEUTER, AND THAT GENERALLY ALL GRAMMATICAL
CHANGES SHALL BE MADE, ASSUMED AND IMPLIED TO MAKE THE
, ,
PROVISIONS HEREOF APPLY EQUALL YT9 CORPORATIONS AND
INDIVIDUALS.
ADDED ASSESSMENTS
(24) LESSEE SHALL PAY ANY OR ALL ADDED ASSESSMENTS BY ANY
GOVERNMENTAL BODY OR AGENCY UPON THE REAL PROPERTY OR
UPON THE RIGHT TO OPERATE AND MAINTAIN THIS BUSINESS,
LESSEE SHALL PAY FOR ANY AND ALL MODIFICATIONS TO THE
REAL ESTATE, REAL PROPERTY, OR UpON THE RIGHT TO OPERATE
AND MAINTAIN THIS BUSINESS IF SO ORDERED BY ANY,
GOVERNMENTAL BODY WHICH MAY BE CITY, COUNTY, STATE, OR
FEDERAL GOVERNMENT, ETC.
PARTIAL INVALIDITY
(25) IF ANY TERN, PROVISION, COVENANT, OR CONDITION OF THIS
LEASE SHOULD BE HELD BY A COURT OF COMPETENT
JURISDICTION TO BE INVALID, VOID, OR UNENFORCEABLE, THE
REMAINDER OF THIS LEASE SHALL CONTINUE IN FULL FORCE AND
,
EFFECT, AND SHALL IN NO WAY BE AFFECTED, IMP AIRED, OR
INV ALIDA TED !HEREBY, AND SHALL BE CONSTRUED ASTHE
PARTIES WOULD HAVE INTENDED HAD THEY KNOWN OF SUCH,
COURT RULING PRIOR TO EXECUTION,OF THIS AGREEMENT.
OUIET ENJOYMENT
(26) LESSORS WARRANT THAT SO LONG AS LESSEE F AITHFULL Y
PERFORMS ALL OF THE PROVISIONS, COVENANTS, AND CONDITIONS'
OF THIS LEASt: TO BE KEPT AND PERFORMED BY LESSEE, LESSEE
SHALL HAVE, HOLD AND QUIETLY ENJOY THE PREMISES DURING
THE TERM OF THIS LEASE, AND LESSORS SHALL DEFEND THE SAME.
J
Page 13 of 16
"
,"
McKenzie Tay]or Center Lease
HEATING AND AIR CONDITIONING
(27) LESSEE WILL HAVE THIS EQUIPMENT SEMI-ANNUALLY INSPECTED
BY AN ACCREDITED SERVICE COMPANY. AT THIS TIME, LESSEE
WILL HAVE ALL REPAIRS MADE TO THE SYSTEM, COMPLETE WITH
FILTERS, AT LESSEES EXPENSE, A SERVICE RECORD SHALL BE
FORWARDED TO LESSORS.
SAVE HARMLESS
.'
(28) LESSEE AGREES TO SAVE AND HOLD HARMLESS FROM ANY
DAMAGES RESULTING FROM THE LESSEE'S USE ORPOSSESSION OF
THE LEASED PREMISES, OR THE ACTIVITIES OF ANY OTHER PARTY
THEREON, EXCEPT LESSORS, LESSORS EMPLOYEES, AGENTS,
CONTRACTORS OF THE LESSORS, OR ANYONE BY AND THROUGH
THE LESSORS.
RECORDATION
(29) THIS LEASE SHALL NOT BE RECORDED, BUT LESSEE SHALL, UPON
DEMAND OF LESSORS EXECUTE AND DELIVER A MEMORANDUM
HEREOF, IN RECORDABLE FORM SUFFICIENT TO GIVE '
CONSTRUCTIVE NOTICE OF THE LEASEHOLD ESTATE HEREBY
CREATED, WHICH MEMORANDUM LESSORS MAy RECORD IN THE.
OFFICIAL RECORDS OF THE COUNTY IN WHICH THE PREMISES ARE
LOCATED.
LATE CHARGES ,r-
'(30) THIS LEASE IS BASED ON A PROMPT PAYMENT OP TB! LEASE
, PAYMENT. THIS LEASE ALSO PROVIDES FOR A FIVE (5) DAY GRACE
PERIOD. IN TILE EVENT THAT THE LESSEE ELECTS TO PAY BEYOND
THE TERMS ANI) THE GRACE PERIOD, THE LESSEE WILL: PAY A LATE
CHARGE OF $30,00 PER DAY. SAID LATE CHARGE WILL NOT APPLY
TO THE LEASE PAYMENT. '
INSPECTION
(3]) THE LESSEE HAS VIEWED THE PREMISES AND THE CONDITION
THEREOF, AND]S ACCEPTING THE PREMISES AS IS.
CONDEMN A TION
(32) IF THE LEASED, PREMISES,]N WHOLE OR IN PART, BE TAKEN OR
CONDEMNED FOR PUBLIC USE, ( AN AGREED SALE TO A PUBLIC
CORPORATION, BODY OR UTILITY APTER THREAT OF
Page ]4 of 16
.
McKenzie Taylor Center Lease
'CONDEMNATION SHALL CONSTITUTE A PUBLIC TAKING OR
CONDEMNATION AS USED HEREIN) ALL COMPENSATION A WARDED
UPON SUCH CONDEMNATION, OR TAKING, SHALL BE PAID
DIRECTLY TO THE LESSORS, UPON ANY TAKING OR
CONDEMNATION, THIS LEASE SHALL TERMINATE AND THE TITLE
TO THE PROPERTY SO TAKEN SHALL VEST IN THE CONDEMNOR,
FREE AND CLEAR'OF THIS LEASE, SUBJECT TO THE LESSOR'S RIGHT
.
TO COMPENSATION AS OWNER. PROVIDED HOWEVER, THAT IF
SUCHT AKING IS PARTIAL AND DOES NOT SIGNIFICANTLY
INTERFERE WITH THE OPERATION OF LESSEE'S BUSINESS, THIS
LEASE SHALL(c;ONTINUE AS THOUGH THE TAKING HAS NEVER
OCCURRED" EXCEPT THAT THIS LEASE SHALL INCLuDE ONLY THAT
PORTION OF TILE-PREMISES REMAINING AFTER SUCH TAKING,IN
, THE EVENT THAT A TOTAL CONDEMNATION OCCURS, LESSEE
SHALL RE ENTITLED TO REMOVE FROM: THE PREMISES ALL
PORTABLE FURNISHINGS AND EQUIPMENT INSTALLED BY LESSEE
AT HIS EXPENSE.
ENTIRE AGREEMENT
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT OF THE
PARTIES, AND SUPERSEDES ALL ORAL AND WRITTEN'AGREEMENTS AND
UNDERSTANDINGS. MADE AND ENTERED INTO BY THE PARTIES ON OR
PRIOR to THE DATE HEREOF; NO SUBSEQUENT ALTERATION, AMENDMENTS
CHANGE OR ADDITION TO THIS LEASE SHALL BE BINDlNG UPON LESSORS AND
LESSEES UNLESS REiUCED TO WRITlNG AND SIGNED BY BOTH LESSORS AND
LESSEE'S LEASE
Page 150f 16
"
,
McKenzie Taylor Center Lease
NOTICE ' .
IF ANY NOTICE IS REQUIRED TO BE GWEN TO EITHER PARTY
ACCORDING TO THE TERMS HEREOF, IT SHALL BE SENT BY CERTIFIED OR
REGISTERED MAIL POSTAGE PREPAID TO THE RESPECTI,VE PARTY AT THE
ADDRESS LISTED BELOW. NOTICE MAY ALSO PERSONNAL Y BE GIVEN IN
LIEU OF WRITING.
LESSOR'S ADDRESS:
ADDRESS:
LESSEE'S
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS LEASE ON
ANY CORPORATION SIGNATURE BEING BY AUTHORITY OF
ITS BOARD OF DIRECTORS,
LESSOR(S):
BFD INVESTMENTS
LESSEE(S)
Print:
Print:
Print:
Page 16 of 16
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Division ChieF Depuly Cierk
Lane Cou~., Deeds and Records
6l/'[- ZOO 1'-1)1-
PUBLIC ELECTRIC UTILITY
EASEMENT
,~~I.~~Dm
11111111111111111111111111111111111111111111 $31.00
1192361020010046818102002807/10/200701:43:35 PM
RPR-ESMT, Cnl=l Sln=9 CASHIER 04
$10.00 $10.00 $11.00
KNOW ALL MEN BY THESE PRESENTS, that the undersigned BFD Investments LLC, for
good and valuable consideration, the receipt whereof is hereby acknowledged, do(es) hereby
grant unto the City of Springfield, a municipal corporation, acting by and through its
SPRINGFIELD UTILITY BOARD, and unto its successors and assigns, a perpetual easement
, '
along with the right to enter upon the lands of the undersigned situated in the City of Springfield,
State of Oregon, and more particularly described as follows:
See Attached Exhibit "A"
-And to constrUct, operate, ~ainiain, and replace therein underground facilities including power
and control lines and water pipelines, to remove and replace fences, lawns, and trees to the extent
necessary to construct, maintain, and protect said lines and facilities. No part of any building
conta~ning sanitation facilities or any permanent structure will be placed on top of these lines,
other than asphaltic,pavement, curbs, sidewalks, and driveway aprons without the expressed
consent of the Springfield Utility Board.
The undersigned covenant that they are 'the owner of the abov~ described property and that such
property is free and clear of encumbrances and liens of whatever character except easements of
record.
IN WITNESS WHEREOF, the undersigned owner(s) of the above described property have set
their hands and seals this '2. I day of J" Co( K.c. , 2007.
xb4L~ .~
Steve Hamilton, Managing Member
BFD L'westments LLC
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year last
ab,D~ (c- ~~
Notary Public of Oregon 'II
My commission expires: 341/
;7f/>
. OFFICIAL SEAl
KARL EFOSTER
NOTARY PUBUC-0REGON
\ ,/ , COMMISSION NO, 414949
MY COMMISSION EXPIRES MAR, 6, 2011
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Springfield Utility Board a
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, Signed by: 0 'd,
Tamara Johnso~gineering flireetOl - Electric Division,
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LEGAL DESCRIPTION
OF ELECTRICAL EASEMENT,
BFD INVESTMENTS TO S.U.B.
EXHIBIT "A':
An easement in the southeast one-quarter of Section 30, Township 17 South, Range 2 West, '
Willamette Meridian, City of Springfield, Lane County, Oregon, more particularly described as
follows: '
Commencing for reference at the northwest comer of Parcel 1 of Land Partition PlatNo.
99-P13l2, said point lying on the southern right-of-way line of Olympic Street;
Thence, along said right-of-way line a distance of 87.62 feet along a 373.00 footnidiuscUrve
right, the chord of which bears South 64012'10" East, 87.42 feet to a point on said
, southern right-of-way, : ,-
Thence continuing along said southern right of way South 57028'47" East, 8,66 feet to the
, TRUE POINT OF BEGINNING;
Thence, leaving said right-of-way line, South 00000'50" East, 245.98 feet to a point lying on the
north line of a Public Utility Easement said north line lying 5' north of and parallel to the
south property line of said Parcell;
Thence along the north line of said Public Utility Easement South 87014'52" East, 10,01 feet to a
point;
Thence North 00000'50" West 240.08 feet to a point on the 'south fight-of-way of Olympic Street;
Thence along said south right-of-way North 57028'47" West, 11,86 feet to the
TRUE POINT OF BEGINNING,
V:\Projects\2006\G 124\ WPDocslEASEMENTSlELEC,EAsE,nEsC621
.
.
, "
PUBLIC WATER UTILITY
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned BFD Investments LLC, for a
good and valuable consideration, the receipt wher~ofis hereby acknowledged, do(es) hereby
grant unto the City of Springfield, a municipal corporation, acting by and through its
SPRINGFIELD UTILITY BOARD, and unto its successors and'assigns,a perpetual easement
along with the right to enter upon the lands of the undersigned situated in the City of Springfield,
State of Oregon, and more particularly describ~d as follows: -
See Attached Exhibit "A"
And to construct, operate, maintain, and replace therein underground facilities including power
and control lines and water pipelines, to remove and replace fences, lawns, and trees to the extent
necessary to construct, maintain, and protect said lines and facilities. No part of any building
, containing sanitation facilities or any permanent structure will be placed on top of these lines,
other than asphaltic pavement, curbs, sidewalks, and driveway aprons without t1ie expressed
consent of the Springfield Utility Board.
The undersigned covenant that they are the owiler of the above described property and that such
property is free and clear of encumbrances and liens of whatever character except easements of
'record. '
IN WITNESS WHEREOF, the undersigned owner(s) of the above described property have set
their hands and seals this "2 I day of ..:nAVle.. ,2007.
- ~Jd~ ~~-~--
Steve Hamilton, Managing Member
BFD Investments LLC
STATE OF OREGON )
) ss.
COUNTY OF LANE )
BE IT REMEMBERED, that on this 2/ day of J '(.{'1 e... ,2007, before me,
the undersigned, a Notary Public in and for said County and State, personally appeared the within
named Will Akin, who is known to be the Managing Member ofBFD'Investmentsand did
execute the same free and voluntarily. ,.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year last
a~ZJeny ~ ~~ '. '.. OFFICIAL SEAL '
,. KARL E FOSTER
Notary ~blic of Oregon '"", ,/ NOTARY PUBUC-QREGON
, COMMISSION NO, 414949
~ /;/1 {I MY COMMISSION EXPIRES MAR, 6, 2011
My commission expires: -;; II
Springfield Utility Board accepts this ~asement.
Signed by:
ChuckArrera~ Director - Water Division
LEGAL DESCRIPTION
OF EASEMENT
BFD INVESTMENTS TO S.U.B.
EXHffiIT"A"
An easement in the southeast one-quarter of Section 30, Township 17 South, Range 2 West,
Willamette Meridian, City of Springfield , Ll~ne County, Oregon, more particularly described as
follows:
Commencing for reference at the northwest comer of Parcel I of Land Partition Plat No.
99-P1312, said point lying on the southern right-of-way line of Olympic Street;
Thence, along said right-of-way line, 44.04 feet along a 373.00 foot radius curve right, the cord
of which bears South 67033'00" East 44.01 feet, to the
TRUE POINT OF BEGINNING;
Thence, leaving said right-of-way line, South 00001 '59" East 56.41 feet to 'a point;
Thence South 57"28'47" East 269.16 feet to a point; ,
Thence North 32031'13" East 20.00 feet to a point;
Thence South 57028'47" East 86.59 feet to a point;
Thence North 32031 '13" East 30..08 feet to a point on said southern right-of-way line;
, Thence North 57"28'47" West, along said right-of-way line, 20.00 feet to a point;
Thence, leaving said right_of-way line, South 32031 '13" West 30.08 feet to a point;
Thence South 57028'47" East 151.62 feet to a point;
Thence North 00001 '59" West 34.99 feet to a point lying on said southern right-of_way line;
Thence, along said right-of-way line, 22.57 feet along a 373.00 foot radius curve left, the chord
of which bears South 62026'02" East 22.57 feet to the
TRUE POINT OF BEGINNI~G.
V:lProjects\2006\G 124\ WPDocsIEASEMENTS\G 124_ easement.wpd
.
.
PUBLIC ELECTRIC UTILITY
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned BFD Investments LLC, for
good and valuable consideration, the receipt whereof is hereby acknowledged, do(es) hereby
grant unto the City of Springfield, a municipal corporation, acting by and through its
SPRINGFIELD UTILITY BOARD, and unto its successors and assigns, a perpetual easement
along with the right to enter upon the lands of the undersigned situated in the City of Springfield,
State of Oregon, and more particularly described as follows:
See Attached Exhibit "A"
And to construct, operate, maintain, and replace therein underground facilities including power
and control lines and water pipelines, to remove and replace fences, lawns, and trees to the extent
necessary to construct, maintain, and protect said lines and facilities. No part of any building
containing sanitation facilities or any permanent structure will be placed on top of these lines,
other than asphaltic pavement, curbs, sidewalks, and driveway aprons without the expressed
consent of the Springfield Utility Board. '
The undersigned covenant that they are'the owner of the above described property and that such
property is free and clear of encumbrances and liens of whatever character except easements of
record,
IN WITNESS WHEREOF, the undersigned owner(s) of the above described property have set
their haiJds and seals this '2. , day of .::T t.( fA.c . 2007.
.~~~
Steve Hamilton, Managing Member
BFD Investments LLC
STATE OF OREGON)
) ss.
COUNTY OF LANE )
BE IT REMEMBERED, that on this L I day of ' JV11'\ t.. .2007, before me,
the undersigned, aNotary Public in and for said County and State, personally appeared the within
named Will Akin, who is known, to be the Managing Member ofBFD Investments and did
execute the same free and voluntarily.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year last
aboyU (~ ;~
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OFFICIAL SEAL
KARL E FOSTER
NOTARY PUBUC-OREGON
COMMISSION NO, 414949
MY COMMISSION EXPIRES MAR, 6, 2011
Springfield Utility Board accepts this easement.
Signed by:
Tamara Johnson, Engineering DireCtor - Electric Division,
LEGAL' DESCRIPTION
OF ELECTRICAL EASEMENT
BFD INVESTMENTS TO S.U.B.
EXHIBIT "A"
"
An easement in the sautheast ane-quarter afSectian 30, Tawnship 17 Sauth, Range 2 West, ,
Willametle Meridian, City af Springfield, Lane County, Oregan, mare particularly described as
fallaws: "
Cammencing far referen~e at the narthwest carner af Parcell af Land Partitian Plat,Na.
99- P 1312, said paintJying an the sauthern right ~af-way line af Olympic Street;
Thence, alang said right-af~way line a distance af 87,62 feet alang a 373.00 faatnidius cUrve
right, the chard afwhich bears Sauth 640.12'10" East, 8142 feet to. a paint an said'
sauthern right-af-way, , ' -
Thence cantinuing alang said sauthern right'afway Sauth 570.28'47" East, 8.66' feet to. the
TRUE POINT OF BEGINNING;
Thence, leaving said right-af-way line, Sauth 000.00'50" East, 245.98 feet to. a paint lying an the
. . I'.
narth line afaPublic Utility Easement said narth line lying 5' narth af and parallel to. the
sauth property line af said Parcell;
Thence alang the narth line af said Public Utility Easement Sauth 870.14'52" East, 10.01 feet to. a
paint; ,
Thence Narth 000.00'50" West 240.08 feetta a paint an thesauth right-af-wayaf Olympic Street;
Thence alang said sauth right-af-wayNarth 570.28'47" West, U.86 feet to. the
TRUE POINT OF BEGINNING.
V:\Projects\2006\G 124\ WPDocsIEASEMENTS\ELECcEASE,DESC,621