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Res 1757 - Lease - Ira Gordon COUNCIL BILL NO. 2511 RESOLUTION NO. 1757 A RESOLUTION ENTERING INTO AN EXERCISE OF LEASE OPTION MODIFICATION OF CERTAIN LEASE TERMS WITH IRA GORDON, ET. AL, FOR THE LEASE OF PREMISES USED AS A POLICE STATION AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SAID DOCUMENT. WHEREAS, the City of Woodburn operates an East Precinct Police Station; and WHEREAS, the East Precinct Police Station is operated on leased premises located at 986 North Pacific Highway; and WHEREAS, the lease for this premise was entered into by the City by Resolution 1535 which was passed by the Council on April 26, 1999; and WHEREAS, it is in the City's interest to exercise its option under the lease to extend the lease term for a five-year period commencing November 1, 2004 and ending October 31 , 2009; and WHEREAS, the City's exercise of this option and the modification of certain lease terms must be memorialized in a new document executed by the parties; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an Exercise of Lease Option and Modification of Certain Lease Terms with Ira Gordon, Daniel M. Oredson, Val A. Yanagiahra and Clifford B. Dart Trustee under the Clifford B. Dart Declaration of Trust dated July 6, 1989, which is affixed hereto as Attachment "A" and, by this reference, incorporated here. Section 2. That the City Administrator is authorized to sign said document on behalf of the City.. Approv Approved as to form: City Attorney Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder May 26, 2004 ATTEST: flt .~4- Mary ~nt City Recorder City of Woodburn, Oregon Page 1 - Council Bill No. 2511 Resolution No. 1757 . . T- EXERCISE OF LEASE OPTION AND MODIFICATION OF CERTAIN LEASE TERMS ATTACHMENT A Page -L- of ") Ira Gordon, Daniel M. Oredson, Val A. Yanagiahra and Clifford B. Dart Trustee under the Clifford B. Dart Declaration of Trust Dated July 6, 1989. City of Woodburn, an Oregon Municipal Corporation PARTIES Landlord: Tenant: RECITALS Landlord and Tenant are parties to a lease dated April 28, 1999 for certain premises located at Mall 99 Shopping Center, 986 N. Highway 99, Woodburn, Oregon. Said space is more specifically described in the lease. The term of said lease expires October 31,2004. The lease provides that the Tenant shall have the option to extend the term of the lease for a period of five- years. EXERCISE OF OPTION Tenant hereby elects to exercise Tenant's option to extend the term for a period of five-years commencing November 1,2004. The expiration of the term of the lease shall therefore be October 3 1, 2009. MODIFICATION OF CERTAIN LEASE TERMS Either Landlord or Tenant may terminate the lease on six-months written notice to the other party. Landlord may elect to reclaim the space outline by cross hatch on the attached floor plan so that said space is no longer a part of the premises demised for the Tenant. If Landlord elects to reclaim said space, after six-months written notice from Landlord to Tenant, Tenant agrees to abandon use of the space outlined by cross hatch on the attached floor plan. Landlord agrees, at Landlord's sole cost and expense to: 1. Provide interior walls so the space reclaimed is physically separated from the remaining space used by the Tenant and North Marion Justice Court. 2. Salvage such items as bullet proof glass and electronic strike and install them, if space is suitable and available, in the space retained by the Tenant and North Marion Justice Court. 3. Provide for a lobby for the Tenant and North Marion Justice Court within space retained by the Tenant and North Marion Justice Court. 4. Landlord and Tenant agree to use reasonable efforts, if needed, to redesign portions of the interior of the space retained by the Tenant and North Marion Justice Court so that the Tenant and North Marion Justice Court have separate and shared space that is functional for their operations. ,..-... w ,....,....,....._ .._.....__..._.. .....-..__._......_.~ .... .....-.---..... -2- ATTACHMENT A Page -2::- of ~ All other terms and conditions of the Lease shall remain the same and in full force and effect. By affixing their signatures below, all parties hereby understand and accept this Exercise Of Lease Option And Modification Of Certain Lease Terms. "Landlord" "Tenant" By: By: Ira Gordon, Daniel M. Oredson, Val A. Yanagihara and Clifford B. Dart Trustee under the Clifford B. Dart Declaration of Trust Dated July 6, 1989. City of Woodburn, an Oregon Municipal Corporation Dated: Dated: ..... '~'T""- ......... ~ ..,. t-~~~---~~ ~~~-::~~~~~~"=~~~~~:t ATTACHMENT '1\ Page...5- of :3 U_"____ .~ ]J] II ,r""'~e L'1tt:r ECUIF't1EHT PE~ITlEO IN ~""AOED A~A =-l [-:0 ~ \ ~T. ~UERIr-F C'ff_lCf r~ ~ :. ~ . "Ol.fCI!/~ERlr:F ~QOIj OD ~ t .~-~ .~-~~ FUR" 0lJ WAI.; '-.::: ~POUT ~Elc;~T AND AU KNEE CLEARANCE "'~ ~ AI" r---- !4 IEO. 7 &<lAlOED cCt-Fel"!O>lCI!/ ; ~\ [ill ::"r;;l~r ~ ~_ .'_~.._._e~__~ ~:.~ &~RED ~J~ ,.. BQClj [QD )..~~!;:\. - B '.. ~ .. --- 'r' u:. 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