When recorded, return to:
When recorded, return to:
G. XXXXX XXXXX
Xxxxx Xxxxxxx Xxxxx, LLP
000 Xxxxx 00xx Xxxxxx
Xxxxxx, XX 00000
Reference nos. of docts.
assigned or released:
n/a
Grantor:
CITY OF GOLDENDALE, WASHINGTON
Grantees:
AUSCRETE CORPORATION, a Wyoming Corporation
Legal description:
Lot C, G-BL 2014-01 in Xxxxxx Addition, 20-4-16
(Additional legal on page 1-2 of document.)
Assessor’s Parcel No.:04162014010200
THIS LEASE is made and entered into as of the ___ day of _______, 2017, by
and between the CITY OF GOLDENDALE, WASHINGTON, a Washington Municipal
Corporation, (hereinafter callaenddA"ULeSssCRoEr,”TE) CORPORATION, a Wyoming
Corporation, (hereinafter called "Lessee.")
W I T N E S S E T H:
1.
PREMISES LEASED: For and in consideration of the covenants and
agreements hereinafter set forth, Lessor does by these presents lease and let to
Lessee, and Lessee does hereby lease and rent from Lessor the following described
property situated at 000 Xxxx Xxxxxxxx Xxxxxx in Goldendale, Klickitat County,
Washington:
Lot B as shown on the Boundary Line Adjustment No. G-BLA 2014-03 filed on October
9, 2014 in Volume 1 of Boundary Line Adjustments, Page 410, Auditor’s File No.
1110135, and only that portion of the building which is limited to the west 3000 square
feet as shown on Exhibit A, TOGETHER WITH reasonable access to the leased
premises.
LEASE - Page 1 of 7
XXXXX XXXXXXX XXXXX, LLP
000 Xxxxx 00xx Xxxxxx
Xxxxxx, XX 00000
Telephone (000)000-0000
Fax (000)000-0000
TOGETHER WITH all water rights and appurtenances thereunto belonging, if any.
SUBJECT to easement affecting the portion of said premises and for the purposes of
telephone and telegraph lines, and any incidental purposes, recorded January 5, 1943
in Volume 85, page 107-8, Auditor’s File No. 20618.
SUBJECT to easements and matters as shown on the Short Subdivision, recorded
September 6, 1982, under Auditor’s File No. 187888.
SUBJECT to easements and matters as shown on the Boundary Line Adjustment No.
G-BLA 2014-01, recorded March 21, 2014, under Auditor’s File No. 1107463, and
Boundary Line Adjustment No. G-BLA 2014-03, recorded October 9, 2014, under
Auditor’s File No. 1110135.
SUBJECT to any Private Rights or Easements over and across those portions lying
within any vacated or abandoned streets or roads.
SUBJECT to rights reserved federal patents, state and railroad deeds; building and use
restrictions general to the area; zoning regulations; utilities and easements of records;
and rights of way and easements shown on the plat or visible by inspection.
SUBJECT to all easements and rights of way existing or of record over, along or across
said premises if in fact any portion thereof is burdened thereby, and all covenants,
conditions, reservations and restrictions disclosed in the chain of title or existing by
prescription.
2.
TERM: This lease is for a term beginning on the 1st day of April, 2018 and
ending on the 30th day of September, 2018.
3.
RENT: Lessee agrees to pay to Lessor as rent for the premises the sum
of $500.00 per month, payable in advance on or before the first day of each and every
month. Rent shall be paid to Lessor at such place as shall be designated by Lessor.
4.
USE OF PREMISES: The premises shall be used by Lessee for storage
and maintenance of equipment related to business and activities of Auscrete
Corporation reasonably related thereto which constitute a similar usage as to wear and
tear and shall not be used for any other purpose without the express written consent
and approval of Lessor. It is understood and agreed that there are no express or
implied warranties as to fitness of said premises for said use.
5.
CONDITION OF PREMISES:
a.
Lessee has inspected the premises, is fully familiar with and knows
their condition, and accepts the same in their present condition without any
representation of Lessor regarding the condition thereof, the improvements thereon, or
their tenantability.
LEASE - Page 2 of 7
XXXXX XXXXXXX XXXXX, LLP
000 Xxxxx 00xx Xxxxxx
Xxxxxx, XX 00000
Telephone (000)000-0000
Fax (000)000-0000
b.
Upon termination of this lease for any reason whatsoever, Lessee
shall surrender to Lessor the buildings, structures, and building improvements upon the
demised premises, together with all alterations and replacements thereof, in good order,
condition, and repair, except for damage by fire or other casualties to the extent that
they are insured against pursuant to paragraph 13 below.
c.
All permanent improvements constructed on the demised premises
shall be considered a part of the real estate and belong to the Lessor upon termination
of this lease.
6.
COMPLIANCE WITH LAWS: Lessee covenants, promises, and agrees to
comply with all charters, laws, ordinances, rules, and regulations, to obtain all
necessary licenses and permits applicable to Lessee's activities and to the premises,
and to pay all fees and charges in connection therewith or by reason of inspections
thereof.
7.
MAINTENANCE AND REPAIRS: Lessee shall keep all presently and
subsequently erected buildings, structures, and improvements upon the demised
premises in good and substantial order and repair at the sole cost and expense of
Lessee, damage by fire or other unavoidable casualties which are covered by the
insurance referred to in paragraph 13 below, only excepted. Lessor shall have the right
to inspect the premises during usual business hours.
8.
ALTERATIONS AND ADDITIONS: Lessee shall not make any additions
or material alterations to or upon the premises without first obtaining the written consent
of Lessor, and any such additions or alterations authorized by Lessor shall be at
Lessee's sole expense. In making any alterations or additions, Lessee shall comply
with all building code provisions, municipal ordinances and regulations, and state laws
which may affect or govern such work. All such additions or alterations shall become
and remain the property of Lessor; provided, however, that upon the termination of this
lease, Lessee shall, at its expense, promptly remove such additions or alterations if so
requested by Lessor.
9.
TRADE FIXTURES AND SIGNS: Lessee may install such equipment,
fixtures, and signs in or upon the premises as Lessee deems desirable for the conduct
of its activities, provided Lessee shall not hang any signs from the roof or walls of the
premises without first obtaining the written consent of Lessor, which consent shall not
be unreasonably withheld. Upon the termination of this lease, Lessee shall, at its
expense, promptly remove all such equipment, fixtures, and signs and restore the
premises to the same condition, reasonable wear and tear by ordinary use excepted, as
the same were in prior to the installation of such equipment, fixtures, and signs;
provided Lessee shall not have the right to remove such property of Lessee if Lessee is
then in default under the terms of this lease. In the event Lessee fails to restore said
premises, Lessee shall reimburse Lessor for the reasonable costs of such restoration
immediately upon demand by Lessor.
LEASE - Page 3 of 7
XXXXX XXXXXXX XXXXX, LLP
000 Xxxxx 00xx Xxxxxx
Xxxxxx, XX 00000
Telephone (000)000-0000
Fax (000)000-0000
10.
LIENS AND WASTE: Lessee shall not cause or permit any liens of any
nature to be placed against the premises except liens placed thereon by Lessor, and
Lessee shall save Lessor harmless from and on account of all liens and all expenses
and indebtedness connected therewith, except those relating to liens placed thereon by
Lessor. Lessee shall not commit or permit any waste or nuisance upon the premises.
11.
TAXES AND ASSESSMENTS: Lessor shall pay all real estate taxes and
assessments levied against the leased premises. Lessee shall pay all other taxes,
assessments, and charges hereafter levied against the leased premises or the lease
during the term of this lease, arising out of the occupancy or use thereof, or arising out
of the conduct of Lessee's activities thereon.
12.
UTILITIES: Lessee shall pay all charges and expenses for electricity, gas,
heat, telephone, water, sewer service, garbage collection service, janitorial service, and
all other services and utilities used in connection with the premises during the term of
this lease, and Lessee shall not permit any thereof to become delinquent. Lessee is
responsible for all such costs for the entire building even though Lessee is only
occupying a portion thereof.
13.
INSURANCE: Lessee shall maintain public liability insurance at all times
during the term of this lease in a manner and form acceptable to Lessor with a limit of at
least $2,000,000 per accident. Lessor shall be endorsed as an additional insured on
the policy(ies) of Lessee, and all premiums therefor shall be paid by Lessee. Lessee
shall furnish proof of such insurance to Lessor, when requested by Lessor. If Lessee
fails to effect or maintain any of such insurance, Lessor may procure the same, and
Lessee agrees to reimburse Lessor on demand for any amount paid by Lessor for such
insurance. Lessor and Lessee may carry, at their own expense, such fire and extended
coverage insurance as each of them deems necessary for their own protection; and
neither party shall have an interest in or claim to such insurance of the other party.
Lessee shall not permit the premises to be used in such a manner as to create a fire
hazard or to cause a change in the insurance rating applicable to the premises. In the
event Lessor's cost for fire and extended coverage insurance for the premises in the
amount of the full replacement cost thereof increases over the cost of such insurance
for the policy year ending in 2017, Lessee agrees to reimburse Lessor immediately
upon demand for any such increase in cost.
14.
DAMAGE WAIVER: Lessor and Lessee do hereby release and discharge
each other from and against all liability for loss or damage caused by any of the perils
covered by insurance policies which are in force and effect at the time of any such loss
or damage, even though such loss or damage may be due to the negligence, act, or
neglect of either Lessor or Lessee or agents or employees of either party. It is
expressly understood and agreed that it is the intention hereof to constitute a waiver
and release of any and all subrogation rights which the insurance companies might
have under such insurance policies.
LEASE - Page 4 of 7
XXXXX XXXXXXX XXXXX, LLP
000 Xxxxx 00xx Xxxxxx
Xxxxxx, XX 00000
Telephone (000)000-0000
Fax (000)000-0000
15.
INDEMNITY: Lessee covenants and agrees to defend, indemnify, and
hold Lessor harmless from and against any and all claims or liability for injury, damage,
or loss, including attorneys’fees and costs, which may arise or to which Lessor may be
subjected during or as a result of Lessee’s occupation or use of the premises or the
conduct of any activities thereon by Lessee or with Lessee's permission or knowledge.
16.
RISK OF LOSS: All property of any kind on the premises shall be at the
risk of Lessee, and Lessor shall not be liable, and Lessee waives all claims for any loss,
damage, or injury either to persons or property sustained by Lessee or any other person
upon or about the premises, or due to the structures or any improvements upon the
premises or the adjoining premises or any part thereof, becoming out of repair or arising
from the overflow of water or the freezing, bursting, or leakage of water, gas, heating or
steam pipes, or due to any act, omission, or neglect of Lessor or Lessee, or any of their
agents or employees, or any other person upon or about the premises, or any other
cause of any nature whatsoever. No eviction from the premises shall be claimed by
Lessee by reason of the happening of any or all of the foregoing. Without limiting the
generality of the foregoing, Lessee shall be solely responsible for theft or other similar
loss of fixtures, equipment, or other property leased herein and any other property of
Lessee.
17.
INGRESS AND EGRESS: Lessor reserves the right of ingress and
egress to and from the leased premises for the purpose of inspecting the same at all
reasonable times and for making such repairs as Lessor is obligated to make under the
terms of this lease.
18.
ASSIGNMENT AND SUBLETTING: Lessee shall not assign this lease or
sublet the premises herein, or any portion thereof, without first obtaining the written
consent of Lessor, nor shall there be any transfer or assignment of this lease from
Lessee by operation of law, either voluntarily or involuntarily or by dissolution,
consolidation, or merger of Lessee. Consent to such assignment or subletting shall not
operate to relieve Lessee of any of its covenants and obligations under this lease or
relieve Lessee or its successor in interest from the necessity of obtaining like consent
for any subsequent assignment or subletting.
19.
RESTORATION OF PREMISES: If said premises, during the term of this
lease or any extension thereof, shall be damaged or destroyed by fire or other casualty,
the Lessor shall restore or rebuild them as speedily as possible and as nearly as
practicable to the condition existing just prior to such damage or destruction, to the
extent that the insurance proceeds of the fire insurance provided in paragraph 13 above
shall be available to the Lessor and be sufficient to restore said improvements. During
the time of such restoration or rebuilding, the rent provided herein shall not cease or
xxxxx.
20.
CONDEMNATION: If the whole or any substantial part of the premises
(substantial being defined as reasonably preventing or unreasonably interfering with the
LEASE - Page 5 of 7
XXXXX XXXXXXX XXXXX, LLP
000 Xxxxx 00xx Xxxxxx
Xxxxxx, XX 00000
Telephone (000)000-0000
Fax (000)000-0000
conduct of Lessee's activities) be taken or condemned by the competent authority, this
Lease shall terminate upon the date when possession of the premises so taken shall be
acquired by such authority, and the rent shall be prorated as of the date of such
termination. If less than a substantial part of the premises be taken or condemned by
any competent authority, the rent shall be abated, proportionately in the same ratio that
the part of the premises taken or condemned bears to the whole premises, from the
date when possession of that part of the premises so taken shall be acquired by such
authority. Lessor shall be entitled to the full amount of any condemnation award for the
leased premises, and Lessee hereby expressly waives any right or claim to any part
thereof as damages or otherwise and any right or claim against Lessor as a result of
such taking or condemnation. Lessee shall have the right to claim and recover from the
condemning authority such compensation as may be separately awarded or
recoverable by Lessee in Lessee's own right on account of any and all damage, cost, or
loss which Lessee might sustain as a result of such condemnation to Lessee's activities,
business, or leasehold improvements.
21.
DEFAULT: Full and prompt performance by Lessee of all terms and
conditions of this lease is hereby made the essence of this lease. If Lessee should be
in default in any of the same and such default shall have continued for ten (10) days in
the case of nonpayment of rent or other sums due from Lessee and for thirty (30) days
in the case of any other default after written notice by Lessor to Lessee setting forth the
particular default claimed, or if Lessee's leasehold estate shall be taken on execution, or
if Lessee shall be declared bankrupt or insolvent according to law, or if Lessee shall
make an assignment for the benefit of creditors, or if a receiver shall be appointed for
Lessee and continue in office thirty (30) days without discharge, then in any such event
this lease shall, at the option of Lessor, be forfeited. In such event, Lessor may lawfully
enter into and upon said premises or any part thereof, repossess the same, and expel
Lessee and those claiming under and through Lessee and remove their effects, forcibly
if necessary, without being deemed guilty of any manner of trespass, but without
prejudice to any remedies which might otherwise be used by Lessor for the collection of
rent or for any breach by Lessee of the covenants herein contained. It is further agreed
that after service of notice as above set forth, an additional condition to avoid forfeiture
shall be payment by Lessee of Lessor’cossts and expenses, including attorneys’fees,
for the preparation and service of such notice. Nothing contained herein shall release
or diminish Lessee's obligation to pay rent for the full term of this lease, except the net
amount of rent Lessor receives from any subsequent tenant during the term hereof. As
an additional and not alternative remedy, optional with Lessor, if Lessee should be in
default hereunder other than a default in the payment of rent, Lessor may cure or
correct the same; and the cost of such action by Lessor shall immediately be due and
payable from Lessee, plus interest on said sum at the rate of twelve percent (12%) per
annum until paid; and nonpayment of said sum by Lessee shall be adequate grounds
for Lessor to invoke the other provisions of this paragraph.
22.
NOTICES: All notices required under this lease to be given by either party
shall be effective as of the date of personal service thereof or the date of mailing by
LEASE - Page 6 of 7
XXXXX XXXXXXX XXXXX, LLP
000 Xxxxx 00xx Xxxxxx
Xxxxxx, XX 00000
Telephone (000)000-0000
Fax (000)000-0000
certified mail, return receipt requested, postage prepaid, and properly addressed to the
other party at the following address or as the same may be changed from time to time
by written notice to the other party:
Lessor:
CITY OF GOLDENDALE
0000 X. Xxxxxxxx, Xxxxxxxxxx, XX 00000
Lessee:
AUSCRETE CORPORATION
000 Xxxx Xxxxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000
23.
ATTORNEYS' FEES AND COSTS: Lessee shall pay Lessor all costs and
expenses, including reasonable attorneys' fees, incurred by Lessor in the preparation
and service of any notice which Lessor gives to Lessee under the terms of this lease. In
any court suit or action brought by either party concerning this lease, the court shall
award to the prevailing party reasonable attorneys' fees in addition to the costs allowed
by law, and the other party agrees to pay the same.
24.
NONWAIVER: The consent of Lessor to any variation of the terms of this
lease, or the receipt of rent with knowledge of any breach, shall not be deemed to be a
waiver of any breach or covenant of this lease, and no waiver shall be claimed by
Lessee unless it be a written waiver signed by Lessor. Any waiver, express or implied,
by Lessor of any breach by Lessee of any of the covenants of this lease shall not be
construed to be a waiver of any subsequent breach of the same or any other covenant
in this lease or affect or prejudice any of Lessor's rights or remedies hereunder. After
service of notice of default or commencement of suit, Lessor may receive and collect
rent due; and the same shall not affect such notice or suit or any judgment, nor shall it
be deemed a waiver in any sense.
25.
SUCCESSORS:
Subject to the foregoing provisions relating to
assignment and subletting, this lease shall inure to the benefit of and shall be binding
upon the successors and assigns of the respective parties hereto.
26.
ENTIRETY OF AGREEMENT:
No prior stipulation, agreement, or
understanding, verbal or otherwise, of the parties or their agents shall be valid or
enforceable unless embodied in the provisions of this lease. The terms and conditions
of this lease shall not be amended or modified, except in writing signed by both Lessor
and Lessee. Headings used herein are for convenience only, are not a part of this
lease, and are not to be used in construing it. Each party agrees to execute, upon
request of the other, a short form of this lease for purposes of recordation, and to re-
execute this lease at any time upon the request of the other.
LEASE - Page 7 of 7
XXXXX XXXXXXX XXXXX, LLP
000 Xxxxx 00xx Xxxxxx
Xxxxxx, XX 00000
Telephone (000)000-0000
Fax (000)000-0000
