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HomeMy WebLinkAbout1971-017 Lease Agrmt - Landers Motorcycle Club S U B L E A S E THIS SUBLEASE made and entered into in duplicate this day of March, 1971, by and between the PUBLIC RECREATION COMMISSION, as Lessor, and the ASHLAND LANCERS MOTORCYCLE CLUB, INC., a nonprofit corporation, as Lessee, WITNESSETH: I For ONE DOLLAR ($1.00) and other valuable consideration, the Lessor does hereby lease unto the Lessee a portion of the property known as the "Lithia Springs Tract", which portion is located inJackson County, Oregon and is described as follows, to-wit: Beginning at the Southeast corner of Section 12, T39S., R1E, W. M. in Jackson County, Oregon; thence, North 785.00 feet to a a inch iron bar, the true point of beginning; thence continue North 452.00 feet to the Northwest corner of Government Lot 9; thence, West 594.40 feet to an iron bar; thence North 200.00 feet more or less to Emigrant Creek; thence, Northwesterly along said creek line to its intersection with the North line of City of Ashland.property described in Volume 182 Page 379 of Deed Records of Jackson County, Oregon; thence West along said North line 140.00 feet more or less to the West line of said property described in Deed Volume 182 Page 379 of Deed Records; thence, South along said West line 1030.00 feet; thence, East 1351.40 feet to the true point of beginning. II This Lease shall commence upon the date of the execution by the parties hereto and shall continue until the 1st day of March, 1972. III It is agreed and understood that the Lessee herein may use said premises exclusively for the purpose of family motorcycle club activities, provided, however, that no improvements or movements of earth shall be placed or undertaken on the premises without the Lessee first receiving the written approval of the Lessor so to do. -1- Sublease RONALD L. SALTER ATTORNEY AT LAW 70 NORTH PIONEER STRGGT P. 0. OOX ]]J ASHLAND, OREGON 97520 ,r _ i IV The use by the Lessee of the premises is limited with respect to organized competition races to no more than one (1) per month with a maximum of six (6) per year. V Lessee agrees to the following terms and conditions: (a) Not to permit any person to operate a motorcycle or other motor vehicle on the premises unless it is equipped with a muffler in good working order and in constant operation and which effectively prevents excessive,or unusual noise. (b) Lessee shall keep the premises in a clean and neat condition particularly with respect to debris and broken glass. (c) Signs may only be displayed on the days on which competition races are held. VI It is understood that portions of Lithia Springs Tract, consisting of approximately sixty-six (66) acres, will be leased to other groups and individuals for park and recreation purposes. It is also understood that it is desired that others use the property leased hereunder with the consent of the Lessor herein for other purposes as long as such use does not interfere with regularly scheduled events and uses by the Lessee. Thus, it is to be understood that the Lessee shall have the non-exclusive use of the property. No use.by third parties may be made of any improvements without the consent of the Lessee and no use by third parties shall be made of the land without the Lessee being first notified by the Lessor. VII It is agreed and understood that in the event said real property is fixed, all such taxes shall be paid by the Lessee on or before the 15th day of November of the taxable year. -2- Sublease RONALD L. SALTER ATTORNEY AT LAW 70 NORTH PIONEER STREET P' 0' 00X 727 ASHLAND, OREGON 97520 yF, VIII Lessee, at its expense, shall obtain and keep in full force and effect during the term of the Lease, leability insurance with limits of liability not.less than $100,000.00 each person, $300,000.00 each occurance for bodily injury, and for property damage liability of not, less than $50,000.00 each accident. The City of Ashland and/or its duly elected and appointed officials and city employees of Ashland, Oregon, shall be named as additional insureds under the policy. A certificate of said insurance policy shall be filed with the City Recorder of the City of Ashland. The policy shall contain the provision that in the event of cancellation, fifteen (15) days written notice shall be given the Lessor prior to the date of cancellation. IX The Lessee agrees to indemnify and save harmless the Lessor against and from any and all claims by or on behalf of any person or persons, firm or firms, corporation or corporations, arising from the conduct of or management about the demised premises, or from any accident in or on the demised premises, and will further indemnify and save the Lessor harmless against and from any and all claims arising from any breach or default on the part of the Lessee in the performance of any covenant or agreement on the part'of the Lessee to be performed pursuant to the terms of this Lease, or arising from any act or negligence of the Lessee, or any of its agents, contractors, servants, employees or licensees, members and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding to be brought against the Lessor.by reason of any such claim; the Lessee upon notice from the Lessor covenants to resist or,defend at Lessee's expense such action or proceeding by counsel reasonably satisfactory to the Lessor. -3- Sublease RONALD L. SALTER ATTORNEY AT LAW 70 NORTH PIONEER ETRCCT P. O. 00% 727 ASHLAND, OREGON 97520 X The Lessee is hereby prohibited from assigning, partially assigning or subletting the above-described premises without the consent in writing of the Lessor, and in the event any such assignment, partial assignment or sublease is attempted without such consent, this Sublease may be immediately revoked and rescinded at the option of the Lessor. XI It is the desire of the Lessor to encourage the utiliaz- tion of the property by the Lessee and in the event there is no regular use by the members of the corporation of the premises for any six (6) months period, the Sublease shall be considered abandoned and the Lessor may revoke the same. i XII Upon the expiration of this Sublease or on failure to comply with any of the conditions of this Lease within thirty (30) days after written notice thereof, time being of the essence, the Lessor, at its option, may terminate the same without notice and may re-enter and take possession of said premises and expel the occupants thereof without in any wise being trespassers; the failure to take possession at the time as stated aforesaid shall not, however, estop Lessor from . afterward asserting its right. Such remedy, however, shall be cumulative and not exclusive. XIII All notices from the Lessor to the Lessee shall be directed to the registered agent or the Lessee as filed with the Corporation Commissioner of the State of Oregon. IN WITNESS ',,THEREOF', the parties hereto have hereunto set their hands and seals on the date in this agreement first written. ASHLAND LANCERS, INC. PUBLIC RECREATION CO1NZv(ISSION L.~ Attest: Sc"cretar W "y RONALD L. SALTER -4- Sublease ATTORNEY AT LAW 70 NORTH PIONEER STREET P. O. ©O% 727 ASHLAND, OREGON 97520 - l_ That the terms and conditions of the aforementioned Sublease have thisl= day of March, 1971, been approved and confirmed by the Common Council of the City of Ashland, Oregon. CITY OF ASHLAND i . r6 MAYOR ATTEST- ! 41 CITY RECORDER i -5- Sublease RONALD L. SALTER ATTORNEY AT LAW 70 NORTH PIONGER STREET P. O. BOX 727 ASHLAND. OREGON 97520