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STATE OF OREGON TEMPORARY EMERGENCY LEASE AGREEMENT THIS TEMPORARY

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STATE OF OREGON TEMPORARY EMERGENCY LEASE AGREEMENT THIS TEMPORARY Powered By Docstoc
					                           STATE OF OREGON
                 TEMPORARY EMERGENCY LEASE AGREEMENT

THIS TEMPORARY EMERGENCY LEASE (“Lease”), dated _______________, is made by
and _________________________ ("Landlord") and THE STATE OF OREGON acting by and
through its ____________________________ ("Tenant"). Contact persons for the parties,
changeable with notice to the other party, are as follows:

Parties: LANDLORD:

                        Name: ____________________________________________________
                        Address: ___________________________________________________
                        City, State, zip code: _________________________________________
                        ATTN: ____________________________________________________
                        Phone number, FAX number: __________________________________
                        Cell Phone: ____________________Email: ______________________

         TENANT:
                        Agency Name: ______________________________________________
                        Address: ___________________________________________________
                        City, State, zip code: _________________________________________
                        ATTN: Agency contact name or successor: _______________________
                        Phone number, FAX number: __________________________________
                        Cell Phone: _____________________Email: ______________________

Landlord leases to Tenant and Tenant takes from Landlord the premises together with any
appurtenances, described as follows:

Premises: Square Feet: _________________ Suite No. /Floor: _________________________
          Address: _____________________________________________________________
          City: _______________________________ County: _______________Zip________
          (“Premises”)

The terms of this Lease are as follows:

1. Term. The original term of this Lease begins DATE________________, and continues
through DATE___________________.

2. Rent. Tenant shall pay Rent in arrears by the 10th day of each month for the preceding month
or partial month. The Rent for any partial month must be prorated on a per diem basis. The
Monthly Rent is $___________________per month; $___________ per day (divide Monthly
Rent by 30 days). The Rent for a partial month is as follows: $_____________ from DATE
________________ to DATE __________________. The first full month of rent will begin
DATE________________. The Rent includes the following:

Check one below:
Charges paid by Landlord (in paragraph 5):
   ___ includes utilities and taxes;

     ___ includes utilities but not taxes, and Tenant shall reimburse Landlord for Tenant’s pro
rata share of property taxes paid by Landlord on the Premises;
Charges paid by Tenant (in paragraph 5):

     ___ includes taxes but not utilities, and Tenant shall reimburse Landlord for Tenant’s pro
rata share of utilities paid by Landlord (per Section 5);

   ___ includes taxes but not utilities, and Tenant shall pay directly for all utilities used by
Tenant at the Premises (see Section 5);

    ___ does not include utilities or taxes, and Tenant shall reimburse Landlord for Tenant’s pro
rata share of utilities paid by Landlord on the Premises (per Section 5) and for Tenant’s pro rata
share of property taxes paid by Landlord on the Premises;

    ___ does not include utilities or taxes, and Tenant shall pay directly for all utilities used by
Tenant at the Premises (per Section 5), and shall reimburse Landlord for the property taxes paid
by Landlord for the Premises.

3. Use of Premises. Tenant may use the Premises for business offices, storage, and other lawful
purposes including but not limited to functions related to the conduct of its business as a state
agency.

4. Maintenance and Repair of Premises. Landlord shall perform at Landlord’s sole cost and
expense all necessary maintenance and repairs of the Premises and the exterior of the Premises
building.

5. Services and Utilities.
    (a) Landlord will cause the utilities and services listed below to be furnished to the Premises,
with charges paid as indicated:
                                                                            Monthly Charges Paid
                                                                            By:
                                                           Place an X under the responsible party
    Utility and Services                                                          Landlord / Tenant
     Water
     Sewer
     Electricity
     Gas
     Trash Removal
     Janitorial Service
     Janitorial Supplies (including recycling charges)
     Window Washing
     Snow and Ice Removal
     Building Security (If required)

6. Landlord's Liability Insurance.
    (a) Landlord shall obtain from an insurance company authorized to do business in the State
of Oregon and shall keep in effect during the term of this Lease, a Comprehensive General
Liability policy or a Commercial General Liability policy for the Premises, covering bodily injury
and property damage. Insurance coverage must include contractual liability coverage for the
indemnity provided under this Lease. Coverage limits must not be less than $1,000,000
combined single limit per occurrence. If the terms and conditions of Landlord’s insurance
coverage change during the term of this Lease, Tenant reserves the right to require that Landlord
replace any coverage omitted or deleted by the change. There must be no cancellation, material
change, potential exhaustion of aggregate limits or intent not to renew insurance coverage(s)
without thirty (30) days' prior written notice to Tenant from Landlord.

     (b) Landlord shall indemnify, defend and hold the Tenant as named in this Lease, including
its officers, divisions, agents and employees, harmless from all claims, suits, or actions of any
nature resulting from the acts or omissions of the Landlord, its officers, contractors, employees or
agents under this Lease.

7. Tenant’s Liability Coverage. Tenant is responsible for any damage or third party liability
which may arise from its occupancy and use of the Premises, subject to the limitations and
conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and the Oregon
Constitution, Article XI, Section 7, to the extent of liability arising out of the negligence of the
State. The State is not required to indemnify or defend Landlord for any liability arising out of
the wrongful acts of employees or agents of the Landlord.

8. Statement of Self-Insurance. The State of Oregon is self-insured for its property and
liability exposures, as subject to the Oregon Tort Claims Act, ORS 30.260 through 30.300. A
Certificate of Self-Insurance will be provided, upon request of the Landlord.

9. Waiver of Subrogation. Neither Landlord nor Tenant is liable to the other for any loss
arising out of damage to or destruction of the Premises or its contents, when the 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, including sprinkler leakage insurance, if any. All such
claims against one another for any loss, however caused, are waived. Absence of liability exists
whether or not the damage or destruction is caused by the negligence of either Landlord or Tenant
or by any of its respective agents, servants or employees. Each party shall fully provide its own
property damage insurance protection at its own expense, and each party shall look to its
respective insurance carriers for reimbursement of any such loss, and further, the insurance
carriers involved are not entitled to subrogation under any circumstance.

10. Casualty Damage. If the Premises or its improvements are damaged or destroyed by fire or
other casualty to such a degree that the Premises are unsuitable for the purpose leased, and if
repairs cannot reasonably be made within ninety (90) days, Tenant may elect to terminate this
Lease. Landlord shall in all cases promptly repair the damage or ascertain whether repairs can be
made within ninety (90) days, and shall promptly notify Tenant of the time required to complete
the necessary repairs or reconstruction. If Landlord's estimate for repair is greater than 90 days,
then Tenant, upon receiving said estimate will have twenty (20) days to determine if it wishes to
terminate this Lease. Following damage, and including any period of repair, Tenant's rental
obligation will be reduced to the extent the Premises cannot reasonably be used by Tenant.

11. Funding. Rent and other charges to Tenant under this Lease are to be paid only from funds
derived by legislative appropriation or budget limitation. This Lease is made by Tenant in its
official capacity as a state agency and not by its officers as individuals.

12. Non-appropriation .
    (a) If sufficient funds have not been provided in the legislatively approved budget of Tenant,
____________________, to permit Tenant in the exercise of its reasonable administrative
discretion to continue this Lease, Tenant may terminate this Lease without further liability to
Landlord with not less than on hundred twenty (120) days prior written notice to Landlord.
During this termination notice period, Tenant may negotiate with Landlord for continued
occupancy in a portion of the Premises at a reduced rent. If that is not feasible on mutually
acceptable terms, then the Lease will terminate as notified. In determining the availability of
funds to Tenant, Tenant will use the budget approved by the Oregon State Legislature or acts of
the Legislative Emergency Board.

     (b) If by a specific legislative act, Tenant is abolished or its functions absorbed into other
state agency or agencies, Tenant may terminate this Lease without further liability to Landlord
with not less than one hundred twenty (120) days prior written notice to Landlord.

    (c) If any of the foregoing occurs with respect to an agency/division occupying only a
portion of the Premises, Tenant may terminate as to that portion of the Premises.

13. Default. Neither party will be in default under this Lease until written notice of the
unperformed obligation has been given and that obligation remains unperformed after notice for
15 days in the case of a payment or for thirty (30) days in the case of other obligations. If the
obligation cannot be performed within the thirty (30) day period, there will be no default if the
responsible party commences a good faith effort to perform the obligation within such period and
continues diligently to complete the performance. In case of a default the nondefaulting party
may terminate this Lease with thirty (30) days prior written notice to the defaulting party, and it
may recover damages or any other remedy provided by applicable law, or it may elect to perform
the defaulting party's obligation and recover from the defaulting party the costs plus interest at the
rate of eight percent per annum for judgment. If Tenant makes such expenditures as the
nondefaulting party, those expenditures plus reasonable administrative costs must be deducted
from the Rent.

14. Notices. Notices between the parties must be in writing, effective when personally delivered
to the address specified under "Parties" on Page 1, or if mailed, effective 48 hours following
mailing to the address for such party specified herein or such other address as either party may
specify by notice to the other.

15. Holdover. With 30 days prior written notice to Landlord, Tenant may hold over this Lease
for a period not to exceed two months after the end of the lease term without obtaining prior
consent of Landlord. If Tenant holds over the lease term, a tenancy from month to month will be
created at the same rental rate as the immediately preceding month's, and the holdover may not be
construed as an exercise of any renewal option. Tenant holding over the Lease longer than the
first two months is subject to Landlord's consent.

16. Termination. At any time during the lease term under this Lease, Tenant may terminate this
Lease without further obligations or liability to Landlord, with not less than ______days prior
notice to Landlord.

17. Brokerage. Landlord shall pay any commission due resulting from this transaction and hold
Tenant harmless from any claim for commission by any broker.

18. Subordination/Attornment Agreement. Tenant will respond to Landlord's reasonable
request for subordination or attornment agreement, provided the document clearly states that any
successor in interest to Landlord under this Lease must assume and perform all the
responsibilities and obligations of Landlord under this Lease. The document must not contain
any provision requesting Tenant to save, hold harmless or indemnify Landlord, a lender or any
other third party.

19. COMPLIANCE WITH APPLICABLE LAW:
   (1). Certificate of Compliance with Oregon Tax Laws.
   Check only one paragraph (a) below:
    (a) I, the undersigned, hereby certify under penalty of perjury that I am, to the best of my
knowledge, not in violation of any Oregon tax laws.

    (a) I, the undersigned, hereby certify under penalty of perjury that I am authorized to act in
behalf of Landlord, named herein, that I have authority and knowledge regarding the payment of
taxes, and that Landlord is, to the best of my knowledge, not in violation of any Oregon tax laws.

     (b) For the purposes of this certificate, "Oregon tax laws" means the state inheritance tax,
gift tax, personal income tax, withholding tax, corporation income and excise taxes, amusement
device tax, timber taxes, cigarette tax, other tobacco tax, 9-1-1 emergency communications tax,
Elderly Rental Assistance Program and local taxes administered by the Department of Revenue
(Lane Transit District Tax, Tri-Metropolitan Transit District Employer Payroll Tax, and
Tri-Metropolitan Transit District Self-Employment Tax).

   (c) On or about the anniversary date of this Lease each year hereafter during the term of this
Lease, including any extensions, Landlord shall execute a "Certificate of Compliance with
Oregon Tax Laws." Such a form is attached to this Lease for the Landlord’s use. Landlord may
make copies of this form as needed.

     (2). Property Taxes. Landlord certifies that Landlord is not currently delinquent on any
applicable property taxes levied on the Premises and that Landlord will during the term of this
Lease pay all such taxes before the taxes become delinquent by law, or by May 15th of each year,
whichever comes sooner. Notwithstanding any other provisions of this Lease, if Landlord is
found delinquent on property taxes, Tenant may at its sole option either terminate this Lease with
thirty (30) days prior written notice to Landlord or pay the delinquent property taxes together
with any interest or penalties and deduct the amount from the rent due Landlord with interest at
one percent per month.

20. NO PRESUMPTION AGAINST DRAFTER. This Lease has been freely negotiated by
both parties. In any controversy, dispute, or contest over the meaning, interpretation, validity, or
enforceability of this Lease or any of its terms or conditions, there is to be no inference,
presumption, or conclusion drawn whatsoever against either party by virtue of that party having
drafted this Lease or any portion of it.

21. MERGER.
THIS LEASE CONSTITUTES THE ENTIRE LEASE BETWEEN THE PARTIES. NO
WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS LEASE WILL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH
WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, WILL 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. LANDLORD, BY
THE SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, HEREBY
ACKNOWLEDGES THAT LANDLORD HAS READ THIS LEASE, UNDERSTANDS IT,
AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.

Landlord shall comply with all federal, state, and local laws, regulations, executive orders and
ordinances applicable to this Lease which are incorporated by reference.
This Lease will not become effective and will not be binding upon the State of Oregon or any of
its agencies until it has been executed, in the signature spaces provided below, by all parties to
this Lease, including those whose approval is required.


        LANDLORD:         _________________________________________________

                          By ______________________________________________

                          Tax ID Number ____________________________________




           TENANT:         STATE OF OREGON acting by and through its

                          _________________________________________________

                          By ______________________________________________




        APPROVAL:         STATE OF OREGON acting by and through its
                          Department of Administrative Services


                          By
                               Facilities Division

                          Date
TO:          Leasing Manager, Real Property Services
             Facilities Division
             Department of Administrative Services
             1225 Ferry Street SE U100
             Salem, Oregon 97301-4281


RE:          Tenant:     [insert agency]

             Premises:   [insert Premises Address]



Pursuant to the Lease provisions on "CERTIFICATE OF COMPLIANCE WITH OREGON TAX
LAWS" and as required by the Oregon Department of Revenue's Administrative Rule, OAR
150-305.385(6)-(B), the following Certificate is submitted on the annual basis on or about the
anniversary date of this Lease.        This Certificate is for the lease year beginning
______________________ , 20             to 20          .


                         CERTIFICATE OF COMPLIANCE WITH OREGON TAX LAWS

I, the undersigned, hereby certify under penalty of perjury: (Check one)

             that I am, to the best of my knowledge, not in violation of any Oregon tax laws.

             that I am authorized to act in behalf of the Landlord, as named below, that I have
             authority and knowledge regarding the payment of taxes, and that Landlord is, to the
             best of my knowledge, not in violation of any Oregon tax laws.

For the purposes of this certificate, "Oregon tax laws" means the state inheritance tax, gift tax,
personal income tax, withholding tax, corporation income and excise taxes, amusement device
tax, timber taxes, cigarette tax, other tobacco tax, 9-1-1 emergency communications tax, Elderly
Rental Assistance Program and local taxes administered by the Department of Revenue (Lane
Transit District Tax, Tri-Metropolitan Transit District Employer Payroll Tax, and
Tri-Metropolitan Transit District Self-Employment Tax).


Landlord:

Signature:

Printed Name:

Title:                                             Date:

				
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