New Search
4. Access to Construction Site. Access between the Property and the street <br /> improvement project area shall be allowed only on adjacent streets to be constructed <br /> which are included in the project. There shall be no access permitted from Ferry <br /> Street, between 8th Avenue and Hilyard Street, to this equipment staging area. <br /> 5. Street Construction and Other Improvements. Upon ten (10) day written notice <br /> from Agency, Wildish shall vacate any portion of the Property necessary for the <br /> Agency to use. <br /> 6. Term. The term of this Lease commences upon the Effective Date and ends upon <br /> issuance of 2"d Notification and no later than November 30, 2008 at midnight, <br /> whichever occurs first. <br /> 7. Rent. Wildish shall pay to Agency one lump sum payment of $2,000.00 for use of <br /> the Property for the term outlined in paragraph 6 above. In addition Wildish will <br /> utilize as much as it reasonably can of the useable pile of gravel and concrete rubble <br /> as it reasonably can to make the adjacent street embankment. Wildish will slope the <br /> north side of the existing pile at an approx 2:1 slope. Also, any fill material Wildish <br /> places on the lot will be graded out. The City in turn agrees to leave bid item 0180 in <br /> the contract and pay for it at the contract unit price. Payment shall be made by a <br /> contract change order reducing the bid item 0010 Mobilization signed by Wildish, <br /> City and ODOT. <br /> 8. Taxes. The Property is currently exempt from assessment of real property taxes. <br /> Wildish shall be held solely responsible to preserve the tax-exempt status of the <br /> Property. Agency shall cooperate with Wildish in preparation of documents <br /> necessary to preserve such tax-exempt status. In the event Wildish fails to preserve <br /> the tax-exempt status of the Property, Wildish shall pay all property taxes before they <br /> become delinquent. <br /> <br /> 9. Maintenance and Repairs. At all times during the Lease term, Wildish, at its sole <br /> cost and expense shall keep and maintain the Property in good order, condition and <br /> repair, including, without limitation, any repairs, maintenance, replacements or <br /> alterations arising by reason of or necessitated by Wildish's use of the Property and <br /> any act, omission, misuse, or negligence of Wildish, its agents, employees, <br /> contractors and invitees. This is to include, but is not limited to existing fencing, site <br /> drainage, curb cuts, sidewalks, utilities, and other infrastructure. <br /> 10. Alterations and Improvements. Wildish may not substantially alter or improve the <br /> Property without Agency's prior written approval. <br /> In any event, regardless of whether Agency's prior written approval is required, all <br /> alterations and improvements, and the work to make or install the alterations and <br /> improvements, must be in compliance with all applicable federal, state, and local <br /> laws, codes, rules, standards and regulations and must be diligently prosecuted to <br /> completion, in a good and workmanlike manner by properly qualified, experienced, <br /> 2of6 <br /> <br />