The URL can be used to link to this page

Home My WebLink About1971-018 Lease Agrmt - Southern Pacific Co ' 8151'1 4A dr FREIGHT STATION, MEDFORD, OREGON 97501 C5033 773-9407 A-312-1-Ashland-City W. A LUM&MCRE - of Ashland . cau r,Nr Anc _ v. cNr D. LaCDLLINSAC April 273 1. 7~ v raclm,r .N.._. Yi~JR^~N J[R A'J~NI Mr, Brian L. Almou.ist City Administrator City of Ashland Ashland, Oregon 97 520 Dear hr. Almquist: Attached for your perronent record is a fully executed counterpart of an agreement covering lease of property in Ashland for the i storing of impounded automobiles and related vehicles. Very truly yours, Dis ti°ict oe Ght aad Passenger '.gent Attach. • *;Approved as to form by General Counsel ` - 5-2252 June 1, 1967) Ftfv-05380/312-1 - 4-6-11 - V COMMERCIAL LEASE N M.p. C-4.?3.28-L ~l$ PFISP, made this day of '/Z by and between OMUT'HIMT PACIFIC T_RXRT.SP0 TAT1 N CG:r'?JATT0 a corporation, herein called "Railroad", and CITY OF Anillr-9til), - a municipal corporation of the Oftte of Oregon, address: City hall, 20 Fast Main, Ashland, Oregon Sa52.0 r - - - - - - - - - - - - - - - - - - herein called "Lessee". 1V1f1IPSHPf4: That Railroad hereby leases to Lessee the premises of Railroad at or near Ashland Station, County of Jachson State of Gre?O'021 shown on attached print, J / for the term lof olle W year from the day of upon the following terms and conditions: 1. Railroad reserves for itself, its successors, assigns and licensees, the right to construct, maintain and operate any existing tracks and existing and new or additional pipe, telegraph, telephone and power trans- mission lines'upon, over and beneath the leased premises. 2. Lessee agrees to pay rental at the rate of , Three Baiidrod Sixty - - - - Dollars (S 360.00 ) per annum, payable annually in advance. If such rental is payable on a monthly basis and the effective date hereof is other than the first day of the month, then the rental will be pro- rated from the effective date to the first day of the following full calendar month. Any privilege, sales, gross income or other tax (not including income tax) imposed upon the rentals here- in provided to be paid by the Lessee, or upon the Railroad in an amount measured by the rentals received by Railroad, shall be paid by the Lessee, in addition to the amounts set forth herein, whether such imposi- tion of tax be by The United States of America, the state in which the leased premises are located, or any subdivision or Municipality thereof. 3. Said premises shall be used by Lessee solely and exclusively for the storing or impou-nded automobiles and related vehicles. Lessee agrees to comply with all applicable laws and regulations with respect to the use of the leased prenr ises. -1- If the Lessee does not, within ninety (90) days, commence the use of the leased premises for the pur- poses herein mentioned, or discontinues such use for a period of ninety (90) days, Railroad may terminate this lease on fifteen (15) clays' written notice. Lessee agrees _not to pile or store or permit to be piled or stored upon the leased premises, within 100 ''eet of the nearest railroad track, any gunpowder, dynamite, gasoline or other explosive substance or ma- terial. 4. Lessee agrees to keep the leased premises and all buildings and structures thereon free from rubbish and in a neat and safe condition and satisfactory to Railroad. Lessee shall maintain, at Lessee's sole cost and expense, in good condition and repair, satisfactory to Railroad, all buildings and structures upon said leased premises. except those owned by the Railroad. The leased premises and buildings and structures thereon shall not be used for displaying signs and notices other than those connected with the business of Lessee contemplated by this lease. Such notices and signs shall be neat and properly maintained. Railroad shall have the right to enter the leased premises at reasonable times to inspect the same. 5. Lessee agrees to pay, before they become delinquent, all taxes and assessments against the leased premises, or which might become a lien thereon, by reason of any buildings, structures or other property, real or personal, on the leased premises (except those owned by Railroad), or by reason of Lessee's activi- ties. Railroad may at its option pay such taxes or assessments, and such payments will be repaid by Lessee on demand. 6. In the event Lessee shall not promptly correct any default by Lessee hereunder after receipt of no- tice of such default from Railroad, Railroad shall have the right to terminate this lease forthwith and to re- take possession of the leased premises. Waiver of any default shall not be con,irued as a waiver of a subse- quent or continuing default. Termination of this lease shall not affect any liability by reason of any act, de- fault or occurrence prior to such termination. 7. Upon the expiration or termination of this lease, or any extension or renewal thereof, Lessee, with- out further notice, shall deliver up to Railroad the possession of the leased premises. Lessee, if not in de- fault hereunder, shall be entitled, at any time prior to such expiration or termination, to remove from the leased premises any buildings or structures wholly owned by Lessee. Lessee shall restore said leased premises to the condition in which they existed at tite time Lessee took possession. Upon the failure or refusal of Lessee to remove from the leased premises all buildings, structures and all personal property owned by Lessee, prior to the expiration or termination of this lease, said buildings, structures and personal property shall thereupon, at the option of Railroad, become the sole property of Railroad, or if Railroad so elects it may remove from the leased premises any buildings, structures and other personal property owned by Lessee, and Railroad may also restore the leased premises to substantially the condition in which they exist- ed at the time Lessee took possession, all at the expense of Lessee, which expense Lessee agrees to pay Railroad upon demand. In the event of such failure or refusal of Lessee to surrender possession of said leased premises, Railroad shall have the right to re-enter upon said leased premises and remove Lessee, or any person, firm or corporation claiming by, through or under Lessee, therefrom. 8. Lessee shall not construct, reconstruct or alter structures of any character upon the leased premises without the prior written consent of Railroad. Lessee shall not commence any repairs (except emergency repairs) until fifteen (15) days after written notice to Railroad. Lessee further agrees not to install or extend any electrical wires in any Railroad-owned improvements on the leased premises without the prior written consent of Railroad. 9. Lessee agrees to arrange and pay for all water, gas, electricity and other utilities used by Lessee on the leased premises direct to the company providing such service. 10. Lessee will fully pay for all materials joined or affixed to the leased premises, and pay in full all persons who perform labor upon the leased premises and will not suffer any mechanics' or materiahnen's liens of any kind to be enforced against the leased premises for any work done, or materials furnished, at the Lessee's instance or request. If any such liens are filed thereon, Lessee agrees to remove the same at Lessee's own cost and expense and to pay any judgment which may be entered thereon or thereunder. 2 Should the Lessee fail, neglect or refuse so to do. Railroad shall have the right to pay any amount required to release any such lien or liens, or to defend any action brought thereon, and to pay any judgment entered therein, and the Lessee shall be liable to the Railroad for all costs, damages, and reasonable attorney fees, and any amounts expended in defending any proceedings, or in the payment of any of said liens or any judgment obtained therefor. Railroad may post and maintain upon the leased premises notices of non- responsibility as provided by law. I I. In case the leased premises or any part thereof are in either the State of Arizona or Utah, Lessee will give Railroad and the lessor of Railroad, before allowing any construction, alteration or repair to be done upon the leased premises, a bond satisfactory in form and amount and to be issued by some surety company to be approved by Railroad, conditioned that the Lessee shall pay or cause to be paid all con- tractors, sub-contractors, laborers, operatives and other persons who may labor or furnish labor, materials or tools in the performance of such construction, alteration, or repair. c) r.b9 ?nonni +.°d bi lai? 12./Lessee agrees to release and indemnify Railroad 3rom and against all liability, cost and expense for loss of or damage to property and for injury to or deaths of persons (including, but not limited to the prop- erty and employees of each party hereto), when arising or resulting from: (a) the use of said premises by Lessee, its agents, employees or invitees, or (b) breach of provisions of this lease by Lessee whether or not caused or contributed to by any act or omission of Railroad, its employees, agents, con- tractors, subcintractors or their employees or agents, or any other person. The term "Railroad" as used in this Section 12 shall include the successors, assigns and affiliated com- panies of Railroad and any other railroad company operating upon Railroad's tracks. ~s.~xsnir~~~xr¢rdsxh~Lt~rdxsa~.3fs~rgacxvid~rec~,fcxoc~eeai roc soa~era,~gc~;e~c)L~ilii~m~ta~naaa}s ~sehlxxc'rr~~a ts~azat~;xE~tana6.";»,`fl~Q ~T6tl'S;u"~xt~oozifirehix}9xyca1xhC3tl.`t)~X1~7ft~~ ~Pxa{sextryx'js'A7~;e. fxaspl{xr.3lfcz~rrt~tZe2ttfiyt~L•r:st:~s}35or;~•rcertisc4c~tpc>nxaiitm~ssisza5icxxxsrxi~.~ao, ~vGt~cc~se:4tt~ }e~5~3~paGtCt1~'t°s~si>i tDUki3~x~t2ci6~?:~iifztsgtYtffii<,'i>.~' x to ~tim5.; ar3 tttaestGG lk~[t~.X23?saii~rits3a:~*aa~3rax*aecs~t~ipi~~~cusxteXl^c. xt~titrtxrt~xnrr~.-t>ti~rr3gariraat~xq~!'i•.r~l*~X,~f x~ k ~ 2[ ~ x erg su c r ~rrsine s f r~.tc Ri ~ ~a 1d xc. x 13. ~n-ease.. ~;:.})s°}rl{~.i jz s}rid ,iL' ei~t FF 1>4b4't-r,_eeo er;fora~«t:q!},>f, an~•cevtunant RI yccm 2tipr czrxlttinn.f re,i,~utteiy._[, ssge will pay ttr Rulrc~ c(.Ie3s ;?¢141jto,::.},feed 14. In case Lessee shall (except by Railroad) be lawfully deprived of the possession of the leased prem- ises or any part thereof, Lessee shall notify Railroad in writing, setting forth in full the circumstances in relation thereto, whereupon Railroad may, at its option, either install Lessee in possession of the leased .premises, or terminate this lease and refund to Lessee the pro rata amount of the rental for the unexpired term of the lease after the receipt of such notice, whereupon no claims for damages of whatsoever kind or character incurred by Lessee by reason of such dispossession shall be chargeable against Railroad. 15. There is reserved to Railroad the title and exclusive right to all of the minerals and mineral ores of every kind and character now known to exist or hereafter discovered upon, within or underlying said premises, or that may be produced therefrom, including, without limiting the generality of the foregoing. all petroleum, oil, natural gas and other hydro-carbon substances and products derived therefrom, together with the exclusive and perpetual right thereto, without, however, the right to use or penetrate the surface of, or to enter upon, said premises within five hundred (500) feet of the surface thereof, to extricate or remove the same. 16. Any notice to be given by Railroad to Lessee hereunder shall be deemed to be properly served if delivered to Lessee, or if deposited in the post office, postpaid, addressed to Lessee at the leased premises or to last known address. 3- 17. Either party hereto may terminate this lease upon thirty (30) days' written notice to the other party. In the event of such termination by Railroad, the proportion of rent paid in advance allocable to any period after the termination date shall be refunded to Lessee. 18. In case Lessee holds over the term of this lease, with the consent of Railroad, such holding over shall be deemed a tenancy only from month to month, and upon the same terms and conditions as herein stated. 19. Time and specific performance are each of the essence of this lease. . 20, In ease of suit by either party to compel perfornance of, or to res'OVe for broach Ki as'3y CVVVVe":.^.«, r7.,.2'w'c`W!' a Or COMitiOn }if.'rOin written, t Ka prevailin party shall bs entitled to real o4ab3e <^.-6`.`fiOracy fees in addition to the amount of ;)tts gment and CG~;il'.f.-. 21; In the event Railroad `oad enters into an a_reeueM with a utility cenpany providing ^ vice to a`` see at the :?ease& _ zot1°-:aw"'.r gur `aCS000 .^iblQ I.sF.'* Lessee 117....,.. {}3f to Railroad <t. e.'11..tg.. 01 _vy DOW= (150) upon receipt A bill ''.hexefor, , to Pa rtj ly defray Q".JItK&a:i:-SVv co2tS• 22. L: OSw+R0 at Mzzc is e ics3se, :'gees to fL?_^i]'0nh he ?T_'^.i:f"`»^ials for and to erect aid . maintain in good cpai_ at al i co a substantial b ricaGa 5.atisS"acto "'y to Wilroad along the track side o% the lensed promMe . THIS LEASE shall inure to the benefit of and be binding upon the heirs, administrators, executors, successors and assigns of the parties hereto, but shall not be assigned or subleased by Lessee without the prior written consent of Railroad. IN WITNESS WHEREOF, the parties hereto have executed this lease in duplicate the clay and year first above written. M'thfls«.a;s1 MCA= s By .(i ~fJld`n WITNESSED BY:. 'title) MY OF MUM (See Note)) t.essee) Mayor NOTE. - If an incorporated company, lease should be executed by an authorized officer thereof and his title indicated; otherwise signature should be witnessed by an employee of Railroad, if practicable, if not, by a disinterested party. 4 2 OREGON 2c iDrawi-2 I- C-42.92o-L Off' i i 'X2008-A U fu' . 1 LI Z e: Q A j STREET LU h L 1i/9y7j~A.. lo~ z 1-9'158691 O. LOADING VLAl FPR 7P7-N' blackaUtle s s rcc - " \ mere s'orc.-~ T _ ~ x c XrVS c~ 1~/ i SOUTHERN PACTFICCOMP/ PACIFIC LINES V I SISKIYOU BP, _L_C&E N D . 11Q, ASHLAND Shows Lease Area 7500sq.Pt. „5 \ I Lease ForAUtomoLile Ste __---SI1o'vws S.PProperty Line `s . .I ?o ?he Cityanl _ Scale i"=.00' ' VV ~"ih