11/4/2016 9:29:15 AM 16CV36746 2 3 IN THE CIRCUIT COURT OF THE STATE OF OREGON 4 FOR THE COUNTY OF WASHINGTON 5 5 SOCCERPLEX, LLC dba PDX N0. SPORTSCENTER, 7 COMPLAINT: Plaintiff, BREACH OF CONTRACT 8 Suitable for Arbitration 9 V. Amount is under $50,000 10 Prayer Amount: $21,174.19 ARENA FOOTBALL ONE, LLC dba ORS 11 PORTLAND STEEL, 12 Defendant. 13 PLAINTIFF ALLEGESPlaintiff is SoccerPleX, LLC doing business as PDX SportsCenter (hereinafter, ?plaintiff'). 17 Defendant is doing Arena Football One, LLC doing business as Portland Steel in the State of 18 Oregon, County of Washington (hereinafter, "defendant?). 19 2. 20 At all relevant times hereto the defendant was an occupant and tenant of the real property 21 and commercial building owned by plaintiff located at 8785 SW Beaverton Hillsdale Highway, 22 Portland, OR 97225 (hereinafter, ?the building?). 23 3? 24 . . At all' relevant times plaintiff was the owner and landlord of said real property and 25 commercial building and defendant was tenant of said property. 26 DAVIS GALM LAW FIRM 12220 SW FIRST STREET Page 1 BEAVERTON, OREGON 97005 COMPLAINT Phone (503) 644-9000 [mrhmorearenafootball.comp] Fax (503) 644-9050 t0m@davisgalm.com 2 3 4. 4 On or about March 7, 2016 plaintiff and defendant entered into a lease for the building rate of $4,000.00. A copy of the lease IS attached hereto as Exh1b1t 1 and 1ncorporated by 6 reference herein. 7 5. 8 9 Beginning on September 30, 2016 and continuously since then, the defendant failed to pay 10 plaintiff. Plaintiff accelerated the balance owed under the lease, resulting in a debt of $21,174.19 1 1 6. 12 Pursuant to the lease agreement attached as Exhibit 1, plaintiff as landlord is entitled to 13 collect reasonable attorney fees and court costs ?om the defendant in the event of court action 14 arising under a breach of the lease. Plaintiff has or will incur reasonable attorney fees in the 15 prosecution of this action, and demands payment thereof. 1 6 17 WHEREFORE, Plaintiff prays for a judgment in its favor as follows: 1 8 - 1. For economic damages in the sum of $21,174.19 with interest thereon at the rate of 9% until 1 9 paid. 20 2. For plaintiff? 3 costs and disbursements incurred herein, including reasonable attorney?s fees. 21 - 22 3. For such other relief as the court deems appropriate. 23 Dated: November 4, 2016 s/ C. Thomas Davis 24 C. Thomas Davis, OSB #812037 Attorney for Plaintiff 25 26 DAVIS GALM LAW FIRM 12220 SW FIRST STREET Page 2 - BEAVERTON, OREGON 97005 COMPLAINT Phone (503) 644?9000 [mrh.morearenafootballcomp] Fax (503) 644-9050 tom@davisgalm.com . . - 'i FORM No. 9812 COMMERCIAL LEASE. - 1930-2015 PUBLISHING co, PORTLAND, on wasteuansnaseccm BK NO PART OFANY STEVENS-N588 FORM MAYBE HEPHODUCED IN ANY FORM OR BY ANY ELECTRONIC OH MECHANICAL MEANS. - Ha . Mania 7' 1 0 lo THIS EA ed - Soc??fs?le?l?mt?l?a Alyssa amen Lessons" LEGAI TITLE - hereinafter called lessor, i. LEGAL TITLE hereinafter called lessee. In considera 'on of the promises herein, lesso leas ?to les ee those certain premises, situated in the City of tor?rtigm ?twiggjvu. A SEQ Mutations,? County, State of Oregon, described as follows: . [See E?l?lbif A -- moo ?kWh/amt, TheleaSetenn beginsa u?e?clock .. M. on gems.-- WM 5 . and ends at midnight on ?techno? 1. Base iR'ent. La. Lessee shall pay to lessor, at lessor?s address as set forth herein, a base rent of his?, for the ?rst year of the term El each year of the term (indicate 0 be th amount of on or before the day of each month, commencing HAlFti ??1511,? Pb Lb. ?cubic: Bi.- (Each party initial ifapplicab e. The base rent shall be adjusted annually on the one year anniver? sary date of the commencement of this lease by the percentage increase, if any, in the Consumer Price Index for the last full month prior to the date on which rental adjustment is being computed, compared to the last full month prior to the same date during the pre- vious year. The term ?Consumer Price Index? shall, for the purposes of this lease, be the ?Consumer Price Index for All Urban Consumers, Table l? specified for ?All Items? (U. City Average, 1982-84 100), and issued by the United States Department of Labor, Bureau of-Lab ta 'stics. 1.c. - 3.. w? Each party initial if applicable. If the base rent set forth in paragraph 1.8.. is for the ?rst year of the term, then with each succeeding year lessee shall pay to lessor base rents to be paid at the following times and in the following amounts(Each initial {f Id. and Le. apply) As an additional rent El its rent (indicate which), lessee shall each month pay to lessor out?t. .. percent of lessee?s prior month?s gross sales, as de?ned in para? graph l.e. In no c-ase- shall lessee pay less than the base rent stated in paragraph l.a. above. 1.e. Statement of Gross Sales. On or before the tenth (10th) day of each month, lessee shall deliver to lessor a complete and correct statement showing in reasonable detail all gross sales for the immediately preceding calendar month, which statement shall be signed .?by an of?cer or authorized agent of lessee certifying it to be true and accurate. The term ?gross sales" shall include all money and things of value received by, or paid to, lessee or to others for lessee?s use and bene?t, and all credit extended by les? see in connection with the business conducted by it on the premises, and less the amount of any actual refunds or credits made by lessee on returnable merchandise. Lessor may accept the statement without admission as to its accuracy, and may, upon reasonable notice, inspect and audit all of lessee?s books and records relating to gross sales. Lessor shall bear all inspection and audit expenses, but lessee shall reimburse lessor for all such reasonable costs incurred in the event such audit reveals an understatement of gross sales by more than ten'percent Audits may be conducted by any professional or agent selected by lessor, but lessee may require FAGE., that individual to' sign a reasonable con?dentiality agreement. Within ?fteen (15) days after lessee?s income tax returns are ?led, les- see shall furnish lessor with a signed statement certifying the amount of gross sales reported in lessee?s income tax returns attribut? able to the premises. When lessee?s certi?ed statement of gross sales indicates that lessee has underreported its statements of gross sales, lessee shall pay to lessor the full amount of rent due to lessor pursuant to paragraph l.d. 2. Lesseeis Proportionate Share. Lessee?s premises are are not (indicate which) of a larger building or property (?the building?). At the commencement of this lease, lessee?s premises consist of E11811- 2. percent of the total area of the building, calculated by dividing lessee?s premises by the total area of the building. All area measurements of lessee?s premises and of the building are determined by lessor. Any reference to "Ies'see?s proportionate share? in this lease refers to this pro- portion. 3. Taxes, Insurance, Maintenance and Utilities Expenses. At the beginning of each calendar year, lessor shall provide les? see with its calculation of lessee?s liability for lessee's real property taxes. insurance. maintenance and utilities expenses for the coming year. . 3.a. Each month lessee shall pay, in addition to the base rent. one?twelfth (1/12) of its proportionate share of the annual real property taxes, including any applicable improvement district assessments. and lessor?s insurance (as set forth in paragraph 9) for the premises, .or for the building of which the premises are a part. 3.b. In addition, each month lessee shall pay one-twelfth (1/12) of its proportionate share of lessor's annual expense for cleaning and maintaining the premises or the building (including interior and exterior common areas and landscaping) of which the premises are a part. Lessor reserves the right to charge an administrative fee equal to ten percent of the total costs paid or incurred by lessor under this section. 3.c. Lessee shall pay for all utilities services to lessee?s premises, including but not. limited to heat, light, water, power. garbage and other services or utilities used in the premises during the term of this lease. In addition, each month lessee shall pay one- twelfth (1/12) of lessee?s proportionate share of lessor?s utilities costs for utilities services to common areas of the building, includ- ing but not limited to weekly or more frequent garbage service and services to parking or outdoor areas maintained by lessor for the bene?t of lessee, Other tenants of the building or visitors to the building. 4. Lessee?s Acceptance of Lease. Lessee accepts this lease and agrees to pay to lessor the rental payments set forth herein for the full term of this lease, in advance, at the times and in the manner stated in this lease. 5. Late Charge. If lessee does not make any payment of rent or additional charges within days after its due date, lessee shall pay to lessor a late charge equal to ten percent of the total amount overdue. All unpaid rent or additional charges shall bear interest at the rate of eighteen percent per annum from the date such charges became due until paid. . 6. Insuf?cient Funds. Lessor reserves the right to charge lessee a reasonable amount. but not less than its actual cost, if any payment by leSSee is returned to lessor by lessee-?s bank because of insuf?cient funds. Lessor may from time to time establish a flat charge for insuf?cient funds. Lessor may further, if lessee attempts to pay with insuf?cient funds more than once during the term of this lease and any extensions thereof, require payment of all rents and charges in cash or in cash equivalents. 7. Security Deposit; Last onth?s Rent. 7a. Lessor acknowledges receipt from lessee of the ?rst month?s rent and of the additional amount of as a security deposit. Lessor may apply the security deposit to pay the costs of performing any. obligation which lessee may fail to perform during the term of the lease, or to make any repairs, except for repairs due to ordinary :wear and tear, that may be required after termination of this lease. If lessor is required to use any portioa of this secu- rity deposit during the term of this lease, lessee shall on demand pay the sum necessary to replenish the deposit to its original amount: and if lessee fails to replenish the deposit, lessee shall be in default of this lease. The security deposit shall El shall not (indicate which) be refundable. if refundable, lessor shall give written account to lessee within sixty (60) days after termination of this lease for all expenses paid from the security deposit, and lessor shall refund the balance of the deposit which has not been applied to lessee?s performance an the lease at the time of the written account. 7.b. .Jii?pwt, Each party initial if applicable) Lessor further acknowledges receipt of the additional amount of ?swarm, as last month?s rent; this payment shall be applied to the last month?s rent for this lease term or for the last month of any; additional term under paragraph 25, if applicable. However. lessee acknowledges that this amount is an estimate only, that lessee may be liable for further rent under the provisions of this lease. and that this last month?s rent does not include any of the additional charges that may apply under the provisions of this lease. 3. Use of Premises. 8a. Lessee shall use the premises durin the term of this lease for the conduct of the following business: . ?Ivbmw?u ku?. .. a 'i'?iiu . n, and for no other purpose without lessor?s prior written consent. Lessee shall not sell or permit to be sold any product, substance or service upon or about the premises, excepting such as lessee may be licensed by law to sell andias may be expressly permitted herein. Lessee shall not make any unlawful, improper or offensive use of the prom? ises, and shall not create or allow any objectionable noise, vibrations or odor'to be emitted from the premises. 8.b. Lessee shall conduct its business at and occupy the premises regularly, and shall not abandon or vacate the premises for more than seven (7) days without lessor?s prior written consent. 8.c. Lessee shall at all times and at its oWn expense comply with all applicable laws, ordinances, rules and regulations of any public authority. These include, without limitation, all laws, regulations and ordinances pertaining to air and water quality, haz- ardous materials as de?ned herein, waste disposal. air emissions and other environmental matters. The term ?hazardous materials? means any hazardous or toxic substance, material or waste, including but not limited to those substances, materials and waste listed in the U.S. Department of Transportation Hazardous Materials Table or by the U.S. Environmental Protection Agency as hazardous substances and amendments thereto, petroleum products, or such other substances, materials and waste that are or become regulated under applicable local, state or federal law. l?l-?l?lhll . . Page 2 - COMMERCIAL LEASE. PAGE res-2w mum?. 8.d. If lessee?s business requires the use of any hazardous materials upon the premises for any reason or by anyone, les? see shall obtain the prior written consent of lessor. Lessor agrees not to withhold consent so long as lessee demonstrates to lessor?s reasonable satisfaction that such hazardous materials are necessary or useful to lessee?s business and will be used, maintained and stored in a manner that complies at all times with all laws regulating any such hazardous materials to be brought upon, used or kept on or about the premises. - 8.e. Lessee shall not conduct any activities, nor permit the premises to fall into a state of disrepair or disorder, that will increase hazards on the premises or cause an increase in lessor?s insurance rates for any portion of the premises, or that prevent les? sor from taking advantage of any rulings of any agency of the state in which the premises are situated, or which Would allow lessor to obtain reduced premiums for long term ?re insurance policies. Nor shall lessee conduct any activities that will in any manner degrade or damage the premises or their reputation. Lessee shall not store gasoline or other highly combustible materials on the premises at any time. except as may be permitted under paragraph 8d. 8.f. Lessee shall not overload the ?oors of the premises in such a way as to cause any undue or serious stress or strain upon any part of the building in which the premises are located. Lesser shall have the right at any time to hire any competent engi- neer or architect whom lessor may choose to determine whether or not any of the ?oors of the premises are being OVerloaded; and the decision of such engineer or architect shall be ?nal and binding upon lessee; and if the engineer or architect does determine that any overloading of any of the floors of the building is caused by lessee, then lessee, at its sole expense, shall immediately relieve the overloading, either by reinforcing the building or by removing the overload, in a manner satisfactory to lessor. 9. Lessdr?s Insurance. At all times during the term of this lease, lessor shall maintain in full force a policy or policies of ?re insurance with standard extended coverage endorsements covering the premises or the building and other improvements (exclusive of lessee?s ?xtures, tenant improvements or other property of lessee). Lessor shall also maintain in full force a comprehensive lia- bility insurance policy insuring lessor against liability for bodily injury and property damage occurring in, on or about the premises or the building. Lessor shall use its reasonable efforts to secure this policy or these policies at competitive rates. 10. Lessee?s Insurance. At all times during the term of this lease, essee shall, at lessee?s sole expense, maintain in full force a liability insurance olic??gsuring lessee in the minimum amount of per occurrence, and in the min- imum amount of .0..- in the aggregate, against any and all liability of lessee with respect to the premises and under this lease, er arising out of the maintenance,- use or occupancy of the premises by lessee. for damage to persons or property in, upon or about the premises. Lessee shall, at its own expense, insure all of lessee?s property upon the premises, of whatsoever nature, against loss of any sort; and lessee shall provide an insurance policy or policies to 1Fully cover repair and replacement of broken windows in the premises. Lessee shall cause lessor to be named as an ?additional insured? on any liability or property loss insurance policy purchased under this paragraph; each such policy shall provide that the policy may not be cancelled or modi?ed without at least ten (10) days? prior written notice to lessor. Each such policy shall be primary and with other insur~ ance available to or provided by lessor. Lessee shall provide lessor with the declaration sheet or sheets for any insurance policy or policies at time of commencement of such policy or policies and upon renewal of such policy or policies with each term of insur? ance. If at any time lessor requests lessee to provide lessor with a copy of any insurance policy, lessee shall provide that COPY .- - Waiver of Subrogation. ll.a. Lessee shall indemnify and hold lessor harmless from any and all liability, damage, expense, attorney fees, causes of action, suits, claims or judgments that arise out of or are in any way connected with lessee?s use. occupancy, management or control of the premises, any failure by lessee to comply with the terms of this lease, and the acts or omissions of lessee, its agents, of?cers. directors. employees or invitees. Lessee shall, at its own expense. defend any and all such suits or claims which may be brought against lessor either alone or in conjunction with others upon any such cause of action or claim, including but not limited to the negotiation and settlement of such causes of action or claims before suit is ?led, and shall satisfy. pay and discharge any and all judgments that may be obtained by any claimant against lessor in any such claim or action where lessor maybe a defendant. However, lessee shall not be liable to the extent that any such claim, loss or liability is caused in whole or in part by lessor?s negligence or failure to effect any repair or maintenance required by this lease. ll.b. Neither lessor, its agents, nor lessee shall be liable to each other or to each other?s insurance companies for any loss or damage in relation to the premises, including interruption of business, that Would ordinarily be covered by a standard insurance policy for ?re and theft with extended coverage, or for losses under workers compensation laws or employer liability laws, even if such loss or damage occurs as a result of the negligence of one party; provided, however, that this waiver shall not apply if it pre- vents either party from obtaining or maintaining insurance coVerage. 12. ADA Compliance. Each party acknowledges that the provisions of the Americans with Disabilities Act (hereinafter permitE the parties to this lease to allocate responsibility for compliance with the terms and conditions of the ADA. Lessee shall be required to comply with the applicable provisions of the ADA as to all improvements lessee makes to the premises. However, lessor represents that any improvements designed and installed by lessor or its contractors or employees will conform to the require- ments of the ADA Compliance Guidelines in effect at the time of issuance of any building permit for such Work. Lessor shall be responsible for Compliance with the ADA with respect to the exterior of the premises and all common areas, including but not lim- ited to parking areas, sidewalks and walkways. Neither party shall be obligated to supervise, monitor or otherwise review the com- pliance activities of the other. Lessee acknowledges lessor?s expense in complying with the ADA may be subject to reimbursement as an expense of lessor for maintaining common areas of the premises: however, ADA expense for capital improvements shall be amortized over the life of such improvements for purposes of reimbursement for lessor?s expenses. 13. Light and Air. This lease does not grant or create any rights of access to light, air or views over the premises or any other propert . 3l4. Structural Repairs and Improvements by Lessor. Lessor shall make all structural repairs and shall perform any main? tenance or repairs required by structural defects. Lessor shall maintain the exterior Walls, roof, gutters, downspouts and the founda- tion of the building. However, lessor shall not be responsible for repair or maintenance of lessee's storefront, windows, doors or the operation of lessee?s windows and doors. Lessor shall make interior repairs only when such repairs or maintenance are necessitated by lessor?s need to keep the structure in repair as required herein. Lessor reserves the right to alter, repair or building, Page 3 LEASE. ?2 [Prett?mm?wmmaw?asau- or to add to the building, and for that purpose at any time may erect scaffolding and any other necessary structures about or upon the premises; and for that purpose lessor and lessor?s representatives. contractors and workers may enter in or about the premises with such materials as lessor may deem necessary to effect that purpose. and lessee hereby waives any claim against lessor for darn- ages, including loss of business resulting from sueh alterations, repairs or improvements. 15. Repairs and Improvements by Lessee. By taking possession of the premises, lessee accepts the premises as being in the condition in which lessor is obligated to deliver them and otherwise in good order, condition and repair. Lessor has made no rep- resentations to lessee with respect to the condition of the premises, except as set forth in this lease. During the term of this lease, at its own expense lessee shall repair and maintain the premises, except as set forth in this lease, including but not limited to the store- front, all interior and exterior doors and windows, interior walls, heating, ventilating and cooling systems, interior wiring, plumbing and drain pipes to sewers or septic tank; and lessee shall at its own expense obtain all required permits for such repairs or mainte? nance. Lessee speci?cally agrees to replace all glass that may be broken or damaged during the term of this lease with glass of as good or better quality as that now in use. 16. Fixtures. Lessee shall make no alterations, additions or improvements to or upon the premises, including exterior color, without the prior written consent of lesser; lessor retains the right to approve plans for any and all such alterations, additions or improvements; and at the end of this lease lessor retains the right to require lessee to remove at lessee?s own expense any alterations, additions or improvements made by lessee during the lease term, and to repair any damage to the premises resulting from such removal. Any and all alterations, additions or improvements, exterior awnings or projections, or any other addition to or improve? ment to the premises, whether installed by lesser or by lessee. shall be at the sole expense of lessee, shall at the time of installation become a part of the premises, and shall be the property of lessor, unless otherwise agreed between the parties in writing, and sub- ject to any limitations set forth herein. 17. Ice, Show, Debris. At all times lessee shall keep the sidewalks in front of the premises free and clear of ice, snow, rub? bish, debris and obstructions of any nature. If lessee occupies the entire building, lessee will not permit ice, snow. rubbish, debris and obstructions of any nature to accumulate on the roof of the building so as to stop up or obstruct the gutters or the downspouts or cause any damage to the roof. Lessee will at its own expense fully reimburse and indemnify lessor against any injury, whether to lesser or lessor-?5 property, or to any other person or property caused by any failure of lessee under this paragraph. 18. Lesser-?s Right of Entry. Lessor. its employees, agents or representatives may at any time enter into lessee?s premises for the purpose of, exaruinin the condition of lessee?s premises, to perform necessary services, maintenance and rep airs or alterations to the building or the premises, to show the premises to any prospective tenant or purchasers, or for any other lawful purpose. Except in case of emergency such entry shall be at such times and in such a manner as to minimize interference with the business use of the premises by lessee. 19. Lessee?s Right of Access. During times other than normal building hours, if the premises have no outside entry, lessee?s of?cers and empIOyees, or those having business with lessee, may be required to identify themselves or to show passes in order to gain access to the building. Lessor shall have no liability for permitting or refusing to permit access by anyone. 20. Amitngs and Window Treatments; Signage and Advertising. 20a. Lessee shall attach no awnings or other projections to the outside walls of the premises or of the building of which the premises are a part without the prior written consent of lessor. Lessee may place curtains or other window treatments in exterior Windows of the premises only if those window treatments are in keeping with the standards adopted by lessor for the building. Lessee acknowledges that any permitted awnings or projections, as well as complying window treatments, may become property of lessor as ?xtures placed upon the premises by lessee. 20b; Lessee may not place signs or other advertising on the outside walls of the premises or in exterior windows with- out the prior Written consent of lesser. If lessee does so, lessor may, without liability, remove such signage or other advertising at lessee?s expense. Upon termination of this lease lessee shall remove all of its signage or other advertising from the premises, and shall at its own expense repair any damage caused by such signage or other advertising. 21. Nonasisignment. Lessee shall not assign, transfer, pledge, hypothecate. surrender or dispose of this lease, or of any inter- est herein, sublet, --or permit any other person or persons whomsoever to occupy the premises without the prior written consent of les? set: and lesser may withhold its consent if, in lessor?s discretion, the proposed assignee or sublessee does not have suf?cient net worth or a suf?ciently established record of successful business operations, or proposes a use which is different from the use for which lessee has entered into this lease. pursuant to paragraph 8 hereof. The bene?t of this lease is personal to lessee, and if lessee?s interests under this lease are transferred to any other person or entity, in whole or in part, in any manner, including by operation of law. without the prior written consent of lessor, such transfer shall be an act of default whether or not rents or other liabilities are paid, and from the time of such transfer lessor shall have all rights to possession of the premises. In addition, lessee shall reimburse lessor for all of the professional and legal fees. as well as any other expenses incurred by lessor in evaluating any proposed assignee, regardless of whether lessor approves such assignee; and unless lessor speci?cally releases lessee therefrom, lessee shall after assign- ment or sublease remain primarily liable for payment of all base rent and other charges, as well as for the performance of all of lessee?s duties tinder this lease. 22. Liens..Lessee shall not permit any lieu of any kind to be placed upon any portion of the premises or the building in which the premises are situated. or upon the land on which it stands. 23. Damage to Premises; Lessor?s Duty to Repair; Abatement of Rent During Repair. If the leased premises suffer major danla by ?re? or other casual lessor may terminate this lease as of the date of the loss. If damage to the premises exceeds percent (.1. 9?0) of the value of the premises, but the premises are not totally destroyed, lessor may elect to repair the premises. and shall exercise that election by giving to lessee written notice of its election within thirty (30) days after the date of loss; if lessor fails to give that written notice, lessor shall be deemed to have elected not to repair the premises, and the lease shall terminate as of the date of the loss. If lessor elects to repair the premises, lessee shall comply with lessor?s reasonable request to vacate all or any part of the premises during reconstruction, and lessor shall repair the premises For the period of time after the date of the loss and until necessary repairs have been substantially completed, there shall be an abatement of rent in pro- portion to lessee?s loss of use of the premises. However, if the damage to the premises is minor, and no material disruption of lessee?s business occurs as a result of such damage, there shall be no abatement of rent and lesser shall repair the damage sun lam pawns?? Page 4 COMMERCIAL LEASE. . 24. Eminent Domain. If all or part of the leased premises is condemned or purchased by any public entity (or private entity with condemnation powers), this lease may terminate as to the condemned part, effective as of the date of closing of the condemna- ?_tion or purchase transaction, by written notice provided by either party to the other. In case of termination under this paragraph, les- see shall not be liable for rent for any condemned or purchased part of the premises after the termination date; but where the con? demnation takes only part of the premises, and lessee remains in possession of the remainder of the property under this lease, lessor shall determine the amount of reduction in rent and other charges in relation to the condemned part of the premises. Lessee shall not be entitled to and hereby expressly waiv any right to any part of the condemnation award or purchase price. 25. Option to Renew. (Each party initial ifopplicable) Provided that lessee has not been in default, les- see shall have the option to renew this lease for an additional year term commencing on the day follow? ing expiration of this lease. Lessee may exercise this option by providing written notice to lessor not less than one hundred eighty (180) days prior to the expiration date of this lease. Timely written notice shall be suf?cient to bind the parties to the renewal term without further action by either party upon terms and conditions identical to the terms and conditions of this lease, except for the rent and that there shall be no further right to renew. The rent for the renewal period shall be the greater of: the rent paid by lessee for the last month of the'expiring term, and the fair market rent for the ensuing renewal term. 26. Lesso'r?s For Sale and For Rent Signs. During the sixty (60) days prior to the date of termination of this lease, lessor may display on the premises or in the windows of the premises signs of reasonable size notifying the public that the premises are available for sale or for rent. 27. Vacating the Premises upon Termination. At the time of termination of the lease for any reason, including expiration of the lease term, lessee shall vacate the premises and deliver them to lessor in a peaceful manner, vacuumed, swept and free of debris. and in as good order and condition, reasonable use, wear and tear, damage by ?re and unavoidable casualty excepted, as the premises are now in or may hereafter be put in during the term of this lease. 28. Lessee?s Default. The following shall each constitute default by lessee under this case: a. Lessee?s failure to pay rent or any other charge under this lease within -119 (J.Q.-) days after such rent or charge is due; 13. Los-see?s failure to comply with any term or condition of this lease, other than payment of rent or other charges, within ten (10) days after lessor has noti?ed lessee in writing specifying lessee?s noncompliance: but this provision shall be satis?ed if compliance requires a longer period than ten (10) days, and lessee commences corrective action within the ten (ND-day period and thereafter corrects the noncompliance; c. Lessee?s insolvency, business failure or assignment for the bene?t of lessee?s creditors, including lessee?s commence? ment of proceedings under any provision of bankruptcy or insolvency law, or its failure to obtain dismissal of any involuntary peti- tion for bankruptcy or insolvency within the time required for an answer to such petition; or the appointment of a receiver for lessee?s properties; d. Assignment or subletting by lessee in violation of paragraph 21; e. Le-ssee?s vacation or abandonment of the premises without lessor?s prior written consent, or, in lessor?s sole discretion, failure to occupy the premises within ten (10) days after notice from lessor tendering possession; or f. Lessee?s failure or refusal to surrender possession upon termination of this lease. 29. Lessor?s Remedies for Default. Upon any default by lessee. lessor shall have all rights provided by law, and in addition may exercise the following remedies: a. If lessee?s default is failure to pay rent when dUe, including any grace period provided by this lease, lessor may with? out further notice enter peaceably onto the premises and retake possession: in all other cases of default, upon expiration of the stated notice period lessor may retake possession. b. Upon retaking possession, lessor may exercise its landlord?s lien over any and all personal property left upon the prem? ises by lessee, and may sell such property after foreclosure of its lien as permitted and required by statute. c. After retaking possession, lessor shall attempt to relet the premises, in whole or in part, to any tenant or ten~ ants who may be satisfactory to lessor; however, lessor?s efforts to relet the premises shall be suf?cient if lessor follows its usual pro? cedures for locating tenants for the space at rental rates not less than the current rates for other comparable space. If lessor has other available space. lessor may rent such space to prospective tenants without prejudice to any claims lessor may have against lessee for damages or loss of rent. Further, lessor shall apply payments or deposits received from lessee ?rst to the cost of retaking and relet? ting the premises, including any remodeling required to obtain any such tenant, and then to any arrears of rent payable under this lease, together with any other damages which lessor may be entitled to claim from lessee. 30. Holding Over. If lessee holds over after termination of this lease, such holding over shall not be deemed to operate as a renewal or extension of this lease, and shall create only a tenancy at will. which may be terminated at will at any time and without notice by lessor. 31. Nonwaiver. Neither the termination of this lease by forfeiture nor the taking or recovery of possession of the premises by lessor shall deprive lessor of any other action. tight or remedy against lessee for possession, rent or damages; nor shall any omission by lessor to enforce any forfeiture, right or remedy to which lessor may be entitled be deemed a waiver by lessor of the right to enforce lessee?s performance of the terms and conditions of this lease. Time is of the essence of this lease. Unless otherwise provided in writing, any waiver by lessor of any breach of this lease by lessee (including a failure to enforce any provision of this lease) shall not be a condoning waiver. and shall not operate to prevent lessor from seeking its remedies for any subsequent breach by lessee. whether or not lessee?s subsequent breach is of the same provision earlier waived or not enforced by lessor. 32. Attorney Fees and Court Costs. Lessee hereby agrees to pay all of lessor?s espouses, including lessor?s reasonable attor- ney fees, incurred as a result of lessor?s enforcement of any provisions of this lease, even if no arbitration, lawsuit or other action is instituted. If any arbitration, lawsuit or action is instituted in order to enforce any provision of this lease, or for collection of rents due or damages claimed under this lease, the losing party shall pay to the prevailing party its reasonable attorney fees and all ex- penses incurred throughout such proceeding, including at trial. on appeal, and for post-judgment collection. gaff Page 5 COMMERCIAL LEASE. . - l?7 *t?t 33. Lessor? Address Lessor? address for 'vin of otices payment of rent is: ELg-W?bii mpg-s- ea?ssd- gas-7225 From time to 'me? during the term of the lease, lessor may designate another address or addresses in writing for giving ognotices and ayment of rent. f4. Address. Lessee?s address for giving of tice s. Sir:- as. 54,9151 From time to time during the term of the lease, lessee may designate another address or addresses in writing for giving of notices. 35. Notices. Any notice given by one party to the other shall be suf?cient if it is in writing, contained in a sealed envelope, and either personally delivered or sent by United States Postal Service ?rst class mail, with postage fully prepaid Notice sent by ?rst class mail shall-be deemed to have been delivered to the addressee seventy-two (72) hours after the notice is deposited in the US. Mail. 36. Subordination; Estoppel. This lease shall be subordinate to any ground lease. mortgage, trust deed or other security interest that may now be or that lessor may in the future place upon the real property of which the pnemises are a part. unless the holder of such interest noti?es lessee in writing that this lease shall be prior to the holder?s interest. Lessee hereby agrees to exacute any documents required by any of lessor?s lenders to effectuate subordination. Further, lessee shall, upon request of lessor. execute a statement certifying the current terms of this lease, re?ecting all payments lessee has made to the date of the statement under this lease, specifying lessor?s defaults or lack thereof, and certifying such other matters as lessor may reasonably request. Lessor?s pur- chasers or lenders may conclusively rely upon any such statement executed by lessee, and if lessee fails or refuses to execute such statement within fourteen (14) days of lessor?s written notice thereof to lessee. lessor?s purchasers or lenders may conclusively accept lessor?s representations as to all terms. payments and defaults of lessee or of lessor hereunder. 37. Entire Agreement; Integration Clause. This lease, including any exhibits. contains the entire agreement between the parties and, except as otherwise provided, can be changed, modi?ed, amended or terminated only by written agreement of the par- ties hereto. Lessor and lessee acknowledge and agree that there are no verbal agreements, representations, warranties or other under- standings affecting this lease. 38. Heirs and Assigns. All of the rights, remedies and obligations given to, imposed upon, or undertaken by the parties to this lease shall extend to, inure to the bene?t of and bind, as the circumstances may require, the heirs, successors, of?cers, agents, insurers (except as set forth herein), executors or personal representatives, and assigns (except as set forth herein) of each party. 39. Construction. In construing this lease, where the context so requires, the singular includes the plural, and all grammati- cal changes shall be made so that this lease shall apply equally to businesses, other entities and to individuals. ?20: 40. Additional Provisions. The parties further agree as follows (if no further provisions are needed, state ?none? )1 a (old 56c shaman lam . 4 7' SLAM 1N WITNESS WHEREOF, the parties have executed this lease on the date stated above; any signature on behaif of a busi- nose or other on 'ty is made with the authority of the Board of Directors of that entity, Lessee By Title Title .. .. Title l; Page a COMMERCIAL LEASE, l. hi Attachment to lease dated March 7th, 2016 Of?ce space on second ?oor as noted in Exhibit A New of?ce-Walls, 3 doors and improvements noted in Exhibit A to be completed by Lessor with a cost not to exceed $1,000. Any costs above $1,000 to be paid by Lessee. One 4' dasher board in the ?Main Field? for Lessee to place a sticker/advertisement that is approved by Lessor for one year. One 15 4' banner space on the corner of the building as shown in Exhibit for Lessee to place a banner/ advertisement that is aproved by Lessor for one year. *NOTE-Banner is subject to Washington County approving to additional banners/advertising on the exterior of the building. Shipping container to be purchased by SoccerPlex SportsCenter with the Portland Steel reimbursing SoccerPlex SportsCenter for up to $2,500. SoccerPlex SportsCenter reserves the right to utilize a 15 foot portion in the rear of the container for storage. Storage container is to remain on the property and is to be considered owned by SoccerPlex SportsCenter. All Lessee contents in the remaining 25 foot section to be removedat the expiration of the lease and that portion of the container is to be ?broom clean?. Usage of laundry washer and dryer up to 3 loads per day. Six phone lines, 6 phone jacks and 6 internet jacks with installation by America's Phone guys up to $3 00 paid by: Lessor along with the phone service for these new phone lines. Phone provider contract to be paid in full if Portland Steel re?locate and/or leave before duration of contract. All other utilities including internet service to be paid by Lessor. Lessee to provide Certi?cate of Insurance noting ?SoccerPlex as an additional insured per the amounts noted in the lease. Renewal of the lease for any future years/time to be negotiated 60 days prior to lease expiration. Terms of any additional lease renewals to be negotiated 60 days prior to lease expiration. ES El . Parking Lot/Whitepine Ln . AMH e[epsmH SoccerPlex View Storage Elevator V: W: I if] Ir.- it.