2026-0158-LIB-CB WOU Library Cafe RFQ.pdf

Library Cafe Operating Services Request for Qualifications (RFQ)

RFQ Number: 2026-0158-LIB-CB

NO LATE PROPOSALS WILL BE ACCEPTED

Contract Administrator RFQ Administrator

Barb Pena Chelle Batchelor Contracts Administrator Dean of Library and Academic Innovation Office of the General Counsel 503-838-8886 503-838-8930 libadmin@wou.edu penab@wou.edu

ISSUE DATE: January 22, 2026

MANDATORY SITE VISIT: February 9, 2026 at 10:00AM or

February 10, 2026 at 4:00PM Sign Up Link

PROPOSAL DUE DATE AND TIME: March 16, 2026 at 4:00PM

RFQ SUBMITTAL LOCATION: Western Oregon University ATTN: Chelle Batchelor (RFQ 2026-0158-LIB-CB) Library and Academic Innovation Wayne & Lynn Hamersly Library 345 Monmouth Avenue North Monmouth OR 97361 libadmin@wou.edu https://www.signupgenius.com/go/10C044EAAA629A3F8C61-61780398-woulibrary

SCHEDULE OF EVENTS:

RFQ Released Thursday January 22, 2026

Mandatory Site Visit Monday, February 9, 2026 at 10:00AM or

Tuesday, February 10, 2026 at 4:00PM Sign Up Link

Deadline for Requests For Changes/Clarifications or Protests of Specifications, including but not limited to the University’s required contract terms and conditions Tuesday, February 17, 2026

Proposal Due Date Monday, March 16, 2026 at 4:00PM

Electronic proposals may be accepted in lieu of written proposals. Electronic proposals must be submitted to libadmin@wou.edu. Do not submit proposals via OregonBuys.

All dates listed above are anticipated and not fixed. WOU may change any dates above, at its sole discretion, if necessary.

https://www.signupgenius.com/go/10C044EAAA629A3F8C61-61780398-woulibrary

PART A—INTRODUCTION AND GENERAL INFORMATION

1. Overview and Purpose

1.1. Issuing Body: Western Oregon University, Wayne & Lynn Hamersly Library

1.2. Project Title: Operation of the Hamersly Library's First-Floor Cafe

1.3. Service Requested: Western Oregon University seeks qualifications from experienced, licensed, and reputable third-party food service vendors (hereinafter "Vendor") to exclusively operate the dedicated cafe space located within the Hamersly Library.

1.4. Contract Term: Negotiable initial term and renewal periods.

2. Project Background and Goals

2.1. Context: The Wayne & Lynn Hamersly Library is the central academic hub on the Western Oregon

University campus, serving students, faculty, and staff daily. The first-floor location is a high-traffic area containing key student support services (Writing and Research Center, Information Desk, Checkout

Desk). The Hamersly Library is situated at the heart of campus, across from the Werner University

Center (student union) and adjacent to the College of Education and Student Success Center.

2.2. Core Goal: The primary objective is to cultivate a more vibrant, engaging, and welcoming atmosphere within the Library. The cafe must serve as a critical component of the student experience by providing a convenient and comfortable space for:

● Access to high-quality and affordable beverages and related items.

● Studying and collaborative work.

● Informal meetings between students, faculty and staff.

2.3. Community Need: Currently, there is a lack of dedicated on-campus locations where students, faculty and staff can easily access refreshment combined with comfortable seating for collaborative learning. Western Oregon University is interested in innovative proposals and is willing to serve as an active partner to achieve these goals.

3. Scope of Work and Operating Requirements

The Vendor must provide a full-service cafe operation, including, but not limited to:

3.1. Menu and Offerings:

● Required: Selection of hot beverages (e.g. coffee/tea)

● Required: Selection of cold drinks (e.g. bottled water, juices, sodas/sparkling water) suitable for library consumption (spill-resistant containers preferred).

● Desired: Diverse selection of chilled, pre-packaged foods (sandwiches, salads, wraps) and pre-packaged baked goods/pastries suitable for quick consumption.

● Exclusions: Due to the Library environment, preparation involving frying, excessive odors, or open-flame cooking is prohibited. Beverages offered must be in compliance with Western Oregon

University’s policies and guidelines, and exclusivities and/or restrictions found in current and future vending agreements (e.g., Coca-Cola, Gatorade). All offerings must be approved by Western

Oregon University.

3.2. Operational Hours (Minimum Requirement):

The proposed schedule must accommodate the peak academic needs of students.

● Academic Year: Daily hours negotiable, within the Hamersly Library operating hours.

● Breaks/Holidays: Reduced schedule or closure during breaks as indicated on the Academic

Calendar; closure during Official WOU Holidays and campus closures due to inclement weather or other circumstances.

● Finals Week: Extended operating hours may be negotiated.

● Summer Term: Reduced operating hours may be negotiated.

3.3. Staffing and Service:

● Vendor must staff the cafe with trained, professional personnel capable of maintaining high standards of customer service and cleanliness.

● Staff must adhere to all university policies regarding conduct and security while on campus.

3.4. Maintenance and Cleaning:

● The Vendor is responsible for daily cleaning and sanitation of the service counter, public dining area (immediately surrounding the cafe), the entire area being leased including all sinks and drains, and all Vendor-owned or University-provided equipment.

● Compliance with all local and state health department regulations is mandatory.

4. University-Provided Facilities and Equipment

The successful Vendor will be provided access to the following space and equipment in “as-is” condition.

The Vendor is responsible for ongoing maintenance, repair, and replacement of consumable parts (e.g., filters, seals).

Item Location Description

Cafe Space First Floor Approximately 1601 square foot dedicated service and queuing area.

Service Counter Cafe Area Built-in counter, transaction https://wou.edu/registrar/academic-calendar-by-year/ https://library.wou.edu/home/about-us-staff/hours/ https://wou.edu/registrar/academic-calendar-by-year/ https://wou.edu/registrar/academic-calendar-by-year/ https://wou.edu/hr/official-wou-holidays/ https://wou.edu/inclement-weather/ space, and storage cabinetry.

Espresso Machine Countertop Commercial-grade, multi-group espresso machine (La

Marzocco Model: Linea 2EE).

Refrigerated Display Case Countertop Self-service vertical display cooler for pre-packaged items.

Sinks Counter/Staff Area One (1) counter-level hand sink and one (1) large industrial three-compartment sink in the adjacent staff area.

Large Capacity Refrigeration Staff Area Two (2) large industrial refrigeration/freezer units.

Mini-fridge Staff Area One (1) mini fridge

Note: Vendor is responsible for providing all smallwares, consumables (cups, lids, napkins, etc.), point-of-sale (POS) systems, and backup brewing equipment.

5. Vendor Qualification Requirements

Vendors submitting a proposal must meet the following minimum criteria:

● Possess all necessary business licenses, permits, and food service certifications for operating in

Monmouth, Oregon.

● Provide evidence of commercial liability insurance coverage of no less than $1,000,000 for each occurrence and $2,000,000 aggregate.

● Demonstrate a minimum of three (2) years of experience operating retail food service locations.

● Provide three (3) professional references.

6. Quotation Submission Requirements

Please submit a quotation document addressing the following four (4) components.

Component Requirement

A. Operational Plan Detailed plan outlining proposed hours, staffing model, and quality control procedures (max 2 pages).

B. Proposed Menu & Pricing (Primary Criterion) A sample menu with retail pricing that demonstrates cost-effectiveness for a university student body.

C. Financial Quote Provide a clear financial proposal in the format of a percentage of gross monthly revenue payable to the University or a guaranteed minimum monthly lease payment to the

University. Other clearly articulated financial models will be considered.

D. References & Qualifications Contact information for three required references and copies of relevant licenses/insurance certificates.

7. Evaluation Criteria and Timeline

7.1. Evaluation Criteria: Quotations will be evaluated based on a combination of factors.

Criterion Weight

Financial Quote (Revenue Share/Lease) 10%

Operational Feasibility & Quality 40%

Proposed Menu & Pricing for Students 40%

Vendor Experience & References 10%

Total 100%

PART B—WESTERN OREGON UNIVERSITY INSTRUCTIONS TO PROPOSERS

This and other RFQs/RFP’s may be viewed at https://oregonbuys.gov/bso/.

All proposals are subject to the provisions and requirements of the applicable Oregon Revised Statutes and the policies and procedures of Western Oregon University.

Right to Reject: WOU reserves the right, for good and just cause, to reject any or all proposals received as a result of this RFQ, or upon a finding that it is in the public interest to do so.

Questions and Request for Clarification/Change: All clarifications or requests for changes regarding technical information, procedural or contractual requirements or other issues related to this RFQ must be submitted, in writing, no later than the date and time listed in the Schedule of Events to the name and physical or email address listed below in “Submittal Location.” All requests for change must be received in writing. No information obtained in any conversation with WOU personnel will serve to change the requirements and/or scope of the RFQ.

Proposers must note that WOU may choose not to consider exceptions to the specifications or Contract terms and conditions that are not raised during the pre-closing protest period. If you have an exception or concern with anything in this RFQ, including any of the Contract terms and conditions, it is important to raise that issue, in writing, by the deadline for Requests for Change, listed in the RFQ Schedule of Events listed in this RFQ. By doing so, you afford yourself the maximum opportunity to discuss and potentially change the language.

The purpose of the pre-closing protest period is to permit WOU to correct, prior to the opening of proposals, technical or contractual requirements that may be unlawful, improvident, or which unjustifiably may restrict competition. This will allow WOU to make needed corrections through the issuance of an addendum, prior to the opening of proposals. This will help eliminate the waste of time which is inherent in protests and in the possible rejection of all proposals. In order to have their complaints considered, Proposers must submit them within the time established in the RFQ.

WOU will consider all changes and, if appropriate, amend the RFQ.

Envelopes containing requests for change, protest of the specifications or Contract provisions shall state and be marked with the following information in BOLDED AND UNDERLINED FONT:

“Request for Solicitation Specification” (or “Request for Contract Provisions”); “Request for Change” (or “Protest”); and include the Solicitation Document RFQ Number 2026-0158-LIB-CB.

Submittal Location: Requests submitted to anyone other than the person listed below will not be considered. WOU will not be held responsible for any requests to change the content of a response to an RFQ that is not submitted by the due date and time. Requests for change may be submitted via email and regular postage. Submit requests for change or clarification to:

Western Oregon University ATTN: Chelle Batchelor (RFQ 2026-0158-LIB-CB) Wayne & Lynn Hamersly Library 345 Monmouth Avenue North https://oregonbuys.gov/bso/

Monmouth OR 97361 libadmin@wou.edu

Change or Modification/Addenda: Any change or modification to the specifications or the procurement process will be in the form of an addendum to the RFQ and will be made available to Proposers via email or posting to https://oregonbuys.gov/bso/. Only documents issued as addenda by the RFP Administrator will serve to change the RFQ in any way. No other directions received by the Proposer, written or oral, serve to change the RFQ document. If you have received an RFQ, you should consult with the RFP Administrator or refer to https://oregonbuys.gov/bso/ to assure that you have not missed any addenda announcements. Proposers are not required to return addenda with their proposal, however, Proposers are responsible to make themselves aware of, obtain and incorporate any changes made in any addenda issued, and to incorporate any changes made by an addendum into their final proposal. Failure to do so may, in effect, make the Proposer’s proposal non-responsive, which would cause the Proposer’s proposal to be rejected.

WOU wants to provide each Proposer an opportunity to independently collect, review and verify data and information provided by or on behalf of WOU. WOU assumes no responsibility or liability of the adequacy, accuracy or completeness of any information provided in the RFQ or otherwise, by WOU, its agents, employees, or representatives. The Proposer agrees to waive any claim or defense to any claim relating to the adequacy or sufficiency of any information provided prior to the execution of the contract.

It is critical that WOU receives high-quality, creative and comprehensive responses in order to make the best-informed decision. Toward that end, through written questions, site visits, and this RFQ process, all Proposers are encouraged to ask questions and seek whatever information is necessary to accomplish this goal.

Proposal Preparation and Submission: Responses to the requirements for this RFQ shall be of sufficient length and detail to demonstrate that the Proposers understand the WOU environment and the needs of the campus as it relates to a Library Cafe Operating Services Contract.

In a joint effort to save costs, reduce waste, and produce energy savings, Proposers are encouraged to submit an electronic, PDF copy of the proposal response. However, hard-copy proposals may also be accepted. If submitted hard-copy, it is encouraged to use double-sided printing on standard 8-1/2” x 11” paper with 2-hole (top) fasteners or recyclable binders (when use of binders is indicated). Proposers should refrain from submitting proposal responses in 3-ring binders, spiral bindings, and other non-recyclable presentation folders.

If submitted in hard-copy, proposers shall submit ONE (1) ORIGINAL AND THREE (3) COPIES of their complete proposals to the location listed on page one of this RFQ by the time listed on page one of this RFQ. Original shall be marked “ORIGINAL.” Original copy shall contain original signatures on any pages where it is requested. Additionally, Proposers shall submit their complete proposal on a thumb drive, or via email in PDF format as one file. Proposals submitted via email shall be sent to the RFP Administrator at the email address above. If submitting a hard-copy, Proposers who fail to submit the requested number of copies may delay the evaluation process by being required to submit additional copies for the evaluation team. Furthermore, hard-copy proposals and pricing shall be prepared by word processor or ink and shall be signed in ink by an authorized representative of the entity. At least one proposal submitted by Proposers should bear an original signature.

No oral, telegraphic, telephonic, or facsimile proposals will be accepted.

Pages should be numbered consecutively and a set of tabs inserted to identify each section of the proposal, such as: "A.1 Cover Letter", "A.2 Contractual Acceptance", etc. Alternatively, proposals should include a Table of Contents identifying page numbers corresponding with the beginning of important segments. All binders, reference materials, and other documents should be clearly labeled or otherwise identified and referenced in a clear and consistent manner throughout the proposal.

Hard-copy proposals must be submitted in sealed package(s) or envelope(s). To ensure proper identification and handling, all package(s) or envelope(s) must be clearly marked with the RFQ Number seen on the cover of this document, and date and time of closing.

Proposals must be received and time-stamped or received in an electronic fashion capable of identifying the time of receipt by the RFQ Administrator at the location or email address listed within the Submittal Location section above prior to scheduled RFQ closing date(s) listed in the Schedule of Events. It is the Proposer's responsibility to submit proposals in a timely manner, allowing plenty of time for delivery.

Proposals will be considered submitted when they are received. WOU will not be held responsible for late RFQ delivery due to courier's inability to deliver the proposal in a timely manner. Under no circumstances shall late proposals and/or modifications be considered regardless of failures in delivery, wrong address, or other obstacles to delivery.

Information Submitted: The Proposer is cautioned that it is the Proposer's sole responsibility to submit information related to the evaluation categories, and that WOU is under no obligation to solicit such information if it is not included within the Proposer's proposal. Failure by the Proposer to submit such information may cause an adverse impact on the evaluation of the Proposer's proposal.

Proposers must complete all applicable information and provide all information requested in the RFQ.

Failure to comply may be grounds for proposal rejection.

Proposer should also name its Contract Administrator, the individual's name, title and phone number, who is assigned the responsibility of answering questions and resolving problems related to the proposal.

In addition, Proposers must be aware that with the exception of trade secrets, all information submitted by them in response to this RFQ is subject to open review by the public under the Oregon Public Records Law.

If a proposal contains any information that is considered a "trade secret" under ORS 192.501(2), the Proposer must mark each sheet of such information with the following legend for those pages, and those pages alone:

This data constitutes a trade secret under ORS 192.501(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192.

The Oregon Public Records law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure applies "unless the public interest requires disclosure in the particular instance." ORS

192.501(2). Therefore, non-disclosure of documents or any portion of a document submitted as part of a proposal may depend upon official or judicial determinations made pursuant to the Public Records Law.

The above restriction may not include cost or price information, which must be open to public inspection. An entire proposal marked as proprietary ("trade secret") is unacceptable. The Proposer will be requested to mark only specific pages or text and return the proposal prior to closing.

Delinquent Oregon Taxes: Proposers must certify, under penalty of perjury, that they are not in violation of any Oregon tax laws. No contract for the purchase of goods and/or services will be awarded to a

Proposer who cannot so certify.

RFQ Preparation Costs. WOU shall not be liable for any costs incurred in the preparation and presentation of proposals.

Alternate Proposals. Proposers may submit more than one proposal. All proposals must comply with the requirements of the RFQ except that additional proposals may incorporate, by reference, repetitive information which is provided in the complete proposal.

Evaluation of Proposals. Proposals will be evaluated by a committee consisting of three (3) representatives of the University and possibly others as deemed necessary by WOU.

The evaluation will determine if the proposal meets the specifications relative to the needs of WOU. The following process will be used:

Proposals will be evaluated for completeness and compliance with the requirements of this RFQ. Those proposals that are incomplete will be rejected. WOU reserves the right to waive what are, in WOU's sole opinion, minor informalities.

Proposals considered complete will be evaluated to determine if they comply with the administrative, contractual and technical requirements of the RFQ. If the proposal is unclear, Proposers may be asked to provide written clarification. Those proposals that do not meet all mandatory requirements will be rejected.

Proposals that meet all requirements will be evaluated by an Evaluation Committee on their value to

WOU in meeting its needs and assigned points within specific categories to a maximum of 100 total points awarded. Each category will be weighted to reflect their relative value to WOU. The weightings are given in this RFQ. At the option of WOU, Proposers may be asked to provide written clarification and/or to provide a presentation to clarify their proposal to aid the Evaluation Committee in awarding desirable points to the proposal.

The findings of the Evaluation Committee will be summarized and a summary created and provided to the Contracts Administrator.

If necessary due to receiving proposals from more than seven (7) Proposers, these findings may be used to establish a subset of "finalists" which will be established by removing from consideration all but two

(2) of the proposals based on aggregate score. The remaining proposals may be invited to enter into negotiations with the University to discuss details and finalized requirements/offerings. This step in the evaluation process is not a requirement of the Evaluation Committee.

WOU reserves the right to conduct negotiations with multiple Proposers/finalists at the same time as well as to terminate negotiations with any of the finalists when WOU deems further negotiations to be not in the interest of WOU.

WOU reserves the right not to enter into negotiations with Proposers/finalists but to simply select the

Contract with the highest aggregate score as the best proposal for WOU.

If negotiations between WOU and multiple finalists takes place, the Contract Administrator will review the results of the negotiations and select for contract award the Proposer with the overall best final proposal for WOU.

If there is a tie in aggregate score between highest aggregate scoring proposals, the University reserves the right to and may request that the tied Proposers provide their best offer. Such requests will come from the RFP Administrator, who will provide a submission date for the best offer. Best offers must be submitted in a timely fashion to be considered. Once the best offers are received, they will be scored again.

Prior Acceptance of Defective Proposals. Due to limited resources, WOU generally will not completely review or analyze proposals which on their face fail to comply with the requirements of the RFQ or which clearly are not the best proposals, nor will WOU generally investigate the references or qualifications of those who submit such proposals if they are not to be fully considered due to a deficiency. Therefore, neither the return of a proposal, nor acknowledgment that the selection is complete shall operate as a representation by WOU that an unsuccessful proposal was complete, sufficient, or lawful in any respect.

Investigation of References. WOU reserves the right to investigate the references and the past performance of any Proposer with respect to its successful performance of similar services, compliance with specifications and contractual obligations, and its lawful payment of contractors, subcontractors, and workers. WOU may postpone the award or execution of the Contract after the announcement of the apparent successful Proposer in order to complete its investigation. WOU reserves the right to reject any proposal or to reject all proposals at any time prior to WOU's execution of a Contract if it is determined to be in the best interest of WOU to do so.

WOU reserves the right to consider past performance, historical information and facts, whether gained from the Proposer's proposal, question and answer conference, references, WOU or any other source in the evaluation process.

Negotiations. WOU may enter into negotiations with one or more Proposers concurrently. The resulting Contract(s) shall be based on the submitted proposal and the negotiations concerning the proposal. Should negotiations between WOU and any Proposer reach an impasse, WOU reserves the right at its sole discretion to break off the negotiations.

Post-Selection Review. After completion of negotiations, WOU will name an apparent successful

Proposer. Identification of the "apparent successful Proposer" is procedural only and creates no right in the named Proposer to award of the Contract. Competing Proposers shall be notified in writing of the identity of the apparent successful Proposer and shall be given five (5) calendar days to review the RFQ file and evaluation report. Any questions or concerns about, or protests of, the evaluation process must be in writing and must be delivered to the RFQ Administrator within five (5) calendar days after the date of the letter identifying the apparent successful Proposer.

Within a reasonable time following the end of this five (5) day protest period, WOU will consider all protests received, if any, and:

(1) Reject all protests and proceed with final evaluation of the apparent successful Proposer and, pending the satisfactory outcome of this final evaluation, enter into a Contract with the named

Proposer; or

(2) Sustain a meritorious protest(s) and reject the apparent successful Proposer as non-responsive, if such Proposer is unable to demonstrate that its proposal complied with all material requirements of the solicitation; thereafter, WOU may name a new apparent successful Proposer; or

(3) Reject all proposals and cancel the procurement.

PART C—PROPOSER CERTIFICATIONS

EACH BIDDER (PROPOSER) MUST READ AND COMPLY WITH THE FOLLOWING SECTIONS. FAILURE TO DO

SO MAY RESULT IN BID (PROPOSAL) REJECTION.

CERTIFICATION OF COMPLIANCE WITH TAX LAWS

By signature on this Contract, the undersigned hereby certifies under penalty of perjury that the undersigned is authorized to act on behalf of Contractor and that Contractor is, to the best of the undersigned's knowledge, not in violation of any Oregon Tax Laws. For purposes of this certification, "Oregon Tax Laws" means a state tax imposed by ORS 401.792 to 401.816 and ORS chapters 118, 314, 316, 317, 318, 320, 321 and 323; the elderly rental assistance program under ORS 310.630 to 310.706;

and local taxes administered by the Department of Revenue under ORS 305.620.

FINANCIAL RESPONSIBILITY

WOU reserves the right to investigate and evaluate, at any time prior to award and execution of the

Contract, the apparent successful Proposer's financial responsibility to perform the Contract.

Submission of a signed bid/proposal shall constitute approval for WOU to obtain any credit report information WOU deems necessary to conduct the evaluation. WOU shall notify the apparent successful

Proposer, in writing, of any other documentation required, which may include, but need not be limited to, recent profit-and-loss history; current balance statements; assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims; availability of short and long-term financing; bonding capacity and credit information. Failure to promptly provide this information shall result in bid/proposal rejection.

WOU may postpone the award or execution of the Contract after announcement of the apparent successful Proposer in order to complete its investigation and evaluation. Failure of the apparent successful Proposer to demonstrate financial responsibility shall render the Proposal non-responsive and shall constitute grounds for bid/proposal rejection.

SIGNATURE BLOCK

SIGNATURE OF PROPOSER'S DULY AUTHORIZED REPRESENTATIVE FOR

THIS PROPOSAL MUST BE SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE PROPOSER; ANY

ALTERATIONS OR ERASURES TO THE PROPOSAL MUST BE INITIALED BY THE UNDERSIGNED AUTHORIZED

REPRESENTATIVE.

The undersigned agrees and certifies that he/she:

1. Has read and understands all bid (proposal) instructions, specifications, and terms and conditions contained herein (including the attachments listed in this document);

2. Is an authorized representative of the Proposer, that the information provided in this proposal is true and accurate, and that providing incorrect or incomplete information may be cause for bid rejection or

Contract termination;

3. Is bound by and will comply with all requirements, specifications, and terms and conditions contained herein; and

4. Will furnish the designated item (s) and/or service(s) in accordance with the bid and the Contract.

Authorized Signature:

Title:

Contact Person (type or print):

Telephone Number:

Fax Number:

Email Address:

UPON COMPLETION OF RFQ EVALUATION, WOU WILL ISSUE A RESTAURANT LEASE THAT WILL BE

SIGNED BY ALL PARTIES (EXAMPLE ATTACHED AS ATTACHMENT B).

ATTACHMENT A

Equipment Inventory

LIBRARY OWNED

Espresso machine

Refrigerated display case

Mini fridge

Two large capacity refrigerators

DINING SERVICES OWNED - can be used or removed

Portable ice cart

Ice maker

Wire shelves

Safe https://drive.google.com/file/d/19g82CTguYmGQ9gMnWju0WK0F_Q6bhCul/view?usp=drive_link https://drive.google.com/file/d/12BXMyopsT0kRcTRm2Ry6zTwUwcracre_/view?usp=drive_link https://drive.google.com/file/d/1ztP8Tm-c-8h1kC_nFsO0hFjvWxueh8rs/view?usp=sharing https://drive.google.com/file/d/1KkM4zm9G_bWOq8lPMy1uA4sW1PGwKFaY/view?usp=drive_link https://drive.google.com/file/d/1tdjl8Q1nVu4xilkQs4vdZS3WNPe09Ybr/view?usp=drive_link https://drive.google.com/file/d/1Ff8QR0yXS6vsKZN4InHIsUNrKusZkfYq/view?usp=drive_link https://drive.google.com/file/d/1lzyuUbiS2d2NwaRsTMJNbT_JTTmauE3-/view?usp=drive_link https://drive.google.com/file/d/1N3l9YnqbJMgVewS9UxsIM3L4XB2OzTCh/view?usp=drive_link

[TENANT NAME] – Restaurant Lease (2026-0158-LIB-CB) Page 1 of 16

SAMPLE - FOR BASIS OF DISCUSSIONS

RESTAURANT LEASE

Western Oregon University Contract # 2026-0158-LIB-CB

Between: Western Oregon University ("Landlord")

And: TENANT LEGAL NAME ("Tenant")

This Restaurant Lease (“Lease”) is by and between Landlord and Tenant. Landlord and Tenant are each a “Party” and collectively “Parties”.

1. Premises and Delivery.

a. Premises. The premises is located on the Western Oregon University campus in the building commonly known as the Hamersly Library (“Building”), consisting of approximately 1601 square feet as shown on the floor plan attached as Exhibit A (“Premises”). Dedicated space: 119, 119A and 118A counter and kitchen area (95, 92, 485 sq ft respectively). Shared space: 124B seating area (929 sq ft) and 118 loading dock (623 sq ft).

b. Lease. Landlord leases to Tenant and Tenant leases from Landlord the Premises on the terms and conditions of this Lease.

c. Common Areas. During regular building hours, Tenant shall have the non-exclusive right in common with others to use the access roads, parking areas, sidewalks, entrances, passages, lobby areas, common restrooms, elevators, stairways, vestibules, public corridors and halls, and other facilities within and outside the Building provided and designated from time to time by

Landlord for the general use and convenience of the public or other tenants (collectively, “Common Areas”).

d. Acceptance of Premises. By taking possession of the Premises, Tenant accepts the Premises as being in good and acceptable condition and in compliance with the condition in which

Landlord is obligated to deliver them. Tenant accepts the Premises “AS-IS” without any express or implied representations or warranties of any kind by Landlord, its brokers, manager or agents, or the employees of any of them regarding the Premises.

e. Delivery. Subject to force majeure and delays not within Landlord’s control, Landlord will deliver the Premises on [DELIVERY DATE] ("Commencement Date"). If Landlord does not deliver the

Premises within 30 days of the Commencement Date, Tenant shall have the right to terminate this Lease. Landlord shall have no liability for delays in delivery of possession and Tenant will not have the right to terminate this lease because of delay in delivery of possession except as provided in this section.

f. Administration. The administration of this Lease by the Landlord will be performed by the Dean of Library and Academic Innovation.

2. Lease Term.

a. Initial Lease Term. This Lease term shall commence on the Commencement Date and expire on [EXPIRATION DATE]

EXHIBIT B

SAMPLE RESTAURANT LEASE

[TENANT NAME] – Restaurant Lease (2026-0158-LIB-CB) Page 2 of 16

b. ("Initial Lease Term") unless earlier terminated or extended as provided for under this Lease.

c. Extension of Initial Lease Term. As long as Tenant is not and has not been in default under this Lease, the Initial Lease Term may be extended by mutual written agreement of the Parties for [ENTER NUMBER OF RENEWAL OPTIONS] additional [ENTER NUMBER OF YEARS]-year periods commencing on the day following the expiration of the Initial Lease Term (each a

“Renewal Term”). The terms and conditions of this Lease for any extension terms shall be identical except that there will no longer be any option to renew this lease that has already been exercised.

3. Rent.

a. Monthly Rent. Tenant shall pay the following on a monthly basis (“Rent”):

i. Tenant will pay Rent as follows:

1. During the Initial Lease Term, Tenant will pay The greater of $[ENTER DOLLAR

AMOUNT] per month or [ENTER PERCENTAGE] percent of Gross Receipts (defined below) (“Base Rent”).

2. During the first Renewal Term commencing on the day following the expiration of the

Initial Lease Term, Tenant will pay the greater of $[ENTER DOLLAR AMOUNT] per month or [ENTER PERCENTAGE] percent of Gross Receipts.

3. During the second Renewal Term commencing on the day following the expiration of the first one-year extension, Tenant will pay the greater of $[ENTER DOLLAR AMOUNT] per month or [ENTER PERCENTAGE] percent of Gross Receipts.

ii. Overhead Fee of two percent (2%) of Gross Receipts for maintenance of Common Areas, Telecommunications, and Utilities.

b. Gross Receipts. "Gross Receipts" means the amount paid or payable for all goods or services sold from or provided by the Premises by Tenant or any other party, for cash, credit/debit and including the value of any exchanges. Sales made or services rendered by Tenant, directly or indirectly, from any other premises because of order originating in or arising out of business transacted on the Premises are included.

i. The following items shall be excluded from Gross Receipts:

1. Selling price of all merchandise returned by customers and accepted for full credit or the amount of discounts and allowances made thereon;

2. Sums and credits received in the settlement of claims for loss or damage to merchandise;

3. Value of any free meals given; and

4. Net of any coupons or discounts applied.

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ii. Discounts and taxes are to be entered in the Point of Sale (POS) system, provided by Tenant, and reflected for each day’s transactions. Tenant shall use POS system on the Premises to account for all product flow through the Premises, including discounted or free meals and beverages.

c. Additional Rent. All taxes, insurance costs, utility charges, and other charges that Tenant is required to pay under the terms of this Lease, and any other sum that Tenant is required to pay to Landlord or third parties shall be additional rent (“Additional Rent”).

4. Payment of Rent.

a. All monies payable by Tenant to Landlord under this Lease shall be deemed to be “Rent” and shall be payable and recoverable as Rent in the manner herein provided and Landlord shall have all rights against Tenant for default in any such payment.

b. Beginning on the Commencement Date, Rent shall be paid to Landlord by the 1st day of each calendar month during the entire term of this Lease, without abatement, deduction or set-off of any kind, it being the intention of the Parties that, to the fullest extent permitted by law, Tenant’s covenant to pay Rent shall be independent of all other covenants contained in this Lease, including without limitation, Tenant’s continued occupancy of the Premises. Rent shall be pro-rated for any periods less than a full month.

c. Tenant shall pay Rent to Landlord in U.S. dollars through the ACH Network per the WOU

Vendor Payment Automatic Clearing House (ACH) Policy, or to such other payment method as Landlord may designate in writing. Tenant’s obligation to pay all Rent due under this Lease shall survive the expiration or earlier termination of this Lease.

d. Along with the payment of Rent each month, Tenant shall deliver to Landlord’s email address, libadmin@wou.edu, a written statement showing Gross Receipts by the 5th of each month for the prior month, certified as correct and accurate by a duly authorized representative of Tenant, and signed by Tenant. Landlord shall at any reasonable time upon reasonable notice have the right to inspect the sales and receipts records of Tenant as well as copies of Tenant's federal and state income tax returns for relevant years, to verify Tenant's gross receipts. Tenant shall make available, at Landlord’s request, but at no time, more than once in a thirty (30)-day period, reports from Tenant’s POS system detailing cash, credit, and debit transactions.

e. Miscellaneous. Provisions for interest to be paid and late charges shall be in addition to

Landlord’s other rights and remedies hereunder or at law or in equity and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner.

f. Personal Property Taxes. Tenant shall pay prior to delinquency all personal property taxes and business taxes with respect to all property and business activities of Tenant on the Premises and shall provide promptly upon request of Landlord written proof of such payments.

g. Real Property Taxes. Tenant shall pay all real property taxes and assessments levied, assessed, or imposed against the land and improvements occupied by Tenant in the Premises.

If during the Term, the voters or the Legislature of the State of Oregon enact any substitute taxes, in any name or form, which may be adopted to replace or supplement real property taxes, then such substitute taxes shall be considered the equivalent of real property taxes for the purposes of this Paragraph. Should there be in effect during the Term any law, statute, or ordinance which levies, assesses or imposes any tax (other than any income tax) upon rents, https://www2.wou.edu/nora/policy.entry.view_policy?ppolicyid=1121 https://www2.wou.edu/nora/policy.entry.view_policy?ppolicyid=1121 mailto:libadmin@wou.edu

[TENANT NAME] – Restaurant Lease (2026-0158-LIB-CB) Page 4 of 16

Tenant shall pay such tax as may be attributed to the rents under this Lease or shall reimburse Landlord for any such taxes paid by Landlord within ten (10) days after Landlord bills Tenant for the same.

h. Missed Days of Operation. Tenant shall operate on the days specified by Landlord and provided to Tenant in writing according to Landlord’s online published academic calendar.

Tenant shall pay Landlord $100.00 for each day Tenant is scheduled to be operating but fails to operate; however, the fee shall not apply if the failure to operate is a result of force majeure, remodel, Condemnation (defined below), damage or destruction of the Premises or the Building, permitted transfers, Hazardous Material clean-up, utility interruption or any other reason reasonably consented to by Landlord.

5. Use, Occupancy, and Operations.

a. Permitted Use.

i. The Premises shall be occupied and used only for the specific manner and purpose set forth in Exhibit B and for no other business or purpose without the prior written consent of the Landlord. If this use is, or in the future becomes prohibited by law or governmental regulation, this Lease will terminate.

ii. At Tenant’s expense, Tenant will comply with all laws, regulations, and requirements of any public authorities and all rules, policies and procedures of Landlord related to the Premises and the use and occupancy thereof, or the abatement of any nuisance in, on, or about the Premises.

b. Continuous Operations. Tenant shall occupy the Premises continuously for the purpose stated in this Lease and carry on business during the hours set forth in Exhibit B.

c. Restrictions on Use. In connection with the use of the Premises, Tenant will:

i. Refrain from any activity that would make it impossible to insure the Premises or Building against casualty, would increase the insurance rate, or would prevent Landlord from taking advantage of any ruling of the Oregon Insurance Rating Bureau, or its successor, allowing

Landlord to obtain reduced premium rates for long-term fire insurance policies, unless

Tenant pays the additional cost of the insurance.

ii. Refrain from any use that would be reasonably offensive to other tenants or users of the

Building or that would disturb the quiet enjoyment of other users or tenants in the Building. If

Tenant’s uses of the Premises or Building are deemed by the Landlord to be offensive or to disturb the peace, then the Tenant must take such actions as necessary to eliminate such disturbances.

iii. Refrain from loading the electrical system or floors beyond the point considered safe by a competent engineer or architect selected by Landlord.

iv. Refrain from making any marks on or attaching any sign, insignia, antenna, aerial, or other device to the exterior or interior walls, windows, or roof of the Premises without the prior written consent of Landlord.

[TENANT NAME] – Restaurant Lease (2026-0158-LIB-CB) Page 5 of 16

v. Refrain from taking any action in or about the Premises that is unlawful. Tenant shall not commit or allow to be committed any waste upon the Premises, or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other tenant in the

Building.

vi. Refrain from selling or permitting to be sold: (a) alcoholic beverages of any kind, including but not limited to beer, hard cider, hard seltzers, wine, and spirits, and (b) any beverages which are subject to an exclusivity agreement with Landlord (e.g. Coca-Cola, Gatorade), except as approved by Landlord in advance, in writing. All offerings must be approved by

Landlord in advance, in writing.

d. Compliance with Environmental Laws. For the purposes of this Lease, the term “Hazardous

Substances” means and includes all hazardous and toxic substances, waste, or materials, any pollutant or contaminant, including, without limitation, PCBs, asbestos, asbestos containing materials, and raw materials that are included under or regulated by any Environmental Laws.

For the purposes of this Lease, the term “Environmental Laws” means and includes all federal, state and local statutes, ordinances, regulations and rules presently in force or hereafter enacted relating to environmental quality, contamination and clean-up of Hazardous

Substances. References in this Lease to “laws” are deemed to include Environmental Laws.

Landlord represents that to the best of its current actual knowledge, the Building is in compliance with all Environmental Laws respecting Hazardous Substances, and that Landlord has received no notice of any pending or threatening lien, action or proceeding respecting any alleged violation of Environmental Laws affecting the Building. Tenant will not cause or permit any Hazardous Substances to be brought upon, kept, used, disposed or discharged, in, on, from or about the Premises by its agents, employees, contractors, customers, clients, guests or invitees except as incidental to Tenant’s permitted use of the Premises, and only in quantities that are less than the quantities that are required to be reported to governmental or other authorities under applicable law or regulations.

e. Rules and Regulations. Tenant will comply with all rules and regulations of Landlord (the

“Rules”) attached as Exhibit C, as Landlord may revise from time to time. The Rules are in addition to and will not be construed to modify or amend this Lease in any way, and in the event of any conflict between the terms of this Lease and any Rule, the terms of the Lease will govern.

6. Repairs and Maintenance.

a. Landlord Repairs. Landlord will repair, maintain, and/or replace, where necessary, the

Common Areas and the roof, foundation, exterior walls, interior structural walls, all structural components, and all systems such as mechanical, electrical, HVAC, and plumbing systems of or in the Building and the Premises. Tenant expressly waives the benefits of any statute now or later in effect that would otherwise give Tenant the right to make repairs at Landlord’s expense and deduct that cost from Rent owing to Landlord.

b. Tenant's Obligations. Except for Landlord Repairs set forth in the section above, Tenant will make:

[TENANT NAME] – Restaurant Lease (2026-0158-LIB-CB) Page 6 of 16

i. Any repairs necessitated by acts or omissions of Tenant, its agents, employees, and invitees. Any repair under this provision will be paid for by Tenant but will be done or contracted for by Landlord.

ii. Any repairs or alterations required under Tenant's obligation to comply with laws and regulations as set forth in this Lease.

iii. All other repairs to the premises which Landlord is not required to make under the above section.

c. Landlord's Interference with Tenant. In performing any repairs, replacements, alterations, or other work performed on or around the Premises, Landlord will use reasonable efforts not to cause unreasonable interference with use of the Premises by Tenant. Tenant will have no right to an abatement of rent nor any claim against Landlord for any inconvenience or disturbance resulting from Landlord's activities performed in conformance with the requirement of this provision.

d. Routine Cleaning and Maintenance. Keep all Premises and associated Common Areas clean, at minimum:

i. mop & sanitize cafe floor

ii. clean the floor drain trap(s)

iii. sanitize cafe counter

iv. sanitize tables, microwave table and bar along North window

v. vacuum & clean carpet (requires extra cleaning for coffee spills)

vi. wash walls (especially near garbage cans and microwave table)

vii. Empty trash cans (3 in seating area, 1 in cafe)

e. Inspection of Premises. Landlord will have the right to inspect the Premises at any reasonable time or times to determine the necessity of cleaning or repair. Whether or not such inspection is made, the duty of Landlord to make repairs will not mature until a reasonable time after Landlord has received from Tenant written notice of the repairs that are required.

7. Alterations and Signage.

a. Alterations Prohibited. Except as expressly allowed under this Lease, Tenant will make no improvements or alterations on the Premises of any kind, including, but not limited to, making any changes to locks on doors or disturbing or in any way changing any plumbing or wiring without first obtaining Landlord's written consent. All alterations will be made in a good and workmanlike manner, by contractors licensed and bonded in the state of Oregon and in compliance with applicable laws and building codes. As used herein, "alterations" includes the installation of computer and telecommunications wiring, cables, and conduit.

b. Pre-Approved Alterations. Any alterations and improvements shall be made in compliance with the Landlords policies and requirements, and must be approved in advance in writing.

i. Landlord’s Written Consent. Landlord’s prior written consent for all alterations and improvements is required, which will not be unreasonably withheld, conditioned, or delayed except as expressly provided otherwise below;

ii. Structural Changes to Building. Landlord may withhold or condition its consent in Landlord’s sole discretion if the alterations or improvements require any structural changes

[TENANT NAME] – Restaurant Lease (2026-0158-LIB-CB) Page 7 of 16 or modifications to the Building, or involve any alteration of the exterior of the Building, or consist of alterations to other improvements than the Building or the construction of new improvements on the Property, whether or not the proposed improvements would be adjacent or attached to the exterior of the Building;

iii. Alterations or Improvements to Create New Space. If any such alterations or improvements are to create new space to be occupied by a subtenant or licensee rather than being needed and intended primarily for Tenant’s own business operation and use, then Landlord in its sole discretion may withhold or condition its consent;

iv. Landlord’s Review of Proposed Plans. For all alterations or improvements, Tenant will furnish Landlord with proposed plans and specifications for Landlord’s review and approval;

v. Quality of Improvements. All alterations and improvements shall be completed in a professional manner with quality materials equal to or better than the original, by contractors licensed and bonded in the State of Oregon. As used herein, "alterations" includes the installation of computer and telecommunications wiring, cables, and conduit;

vi. Tenant to Provide As-Built Plans. Upon completion of any improvements or alterations constructed by Tenant, Tenant will provide Landlord with as-built plans for the completed work;

vii. Alterations and Improvements to Become Landlord’s Property. All alterations or improvements that Tenant constructs will, at the expiration or earlier termination of this Lease, become the property of Landlord, except to the extent Landlord exercises its right in the following sentence to require removal. Landlord will not have the right to require Tenant to remove any such alteration or improvement at the expiration or earlier termination of this Lease unless the removal obligation was a condition of approval of an alteration made after the initial completion of the Premises; and

viii. Tenant Not To Alter Roof or Exterior Walls. Tenant will not penetrate the roof or make installations on the exterior walls or the roof of the Building without…