Loading...
HomeMy WebLinkAbout1988-004 Lease-Civil Air Patrol LEASE THIS AGREEMENT OF LEASE made and entered into in duplicate at Ashland, Oregon, this ~ day of ~?~-~ , 198~, by and // between the CITY OF ASHLAND, a municipal corporation of the State of Oregon, hereinafter designated as "Lessor", and the OREGON WING OF THE CIVIL AIR PATROL, INCORPORATED, an auxiliary of the United States Air Force, hereinafter called the "Lessee", hereby agree as follows: SECTION 1: SUBJECT AND TERM OF LEASE The Lessor, as owner of the Ashland Municipal Airport located in Jackson County, Oregon, a description of which is on file in the office of the County Clerk and the municipal offices of the City of Ashland, Oregon, does hereby lease that portion of the air- port property described in Exhibit "A" to this agreement, in exchange for ONE DOLLAR ($1.00) and other good and valuable consideration. Such other consideration shall include periodic weeding of the land- scaping along the airport entrance road between Dead Indian Road and the parking lot, with such weeding to be when required by the City of Ashland, and to the reasonable satisfaction of the City of Ashland. In addition, it is understood and agreed that at the termination of this Lease, or any subsequent Lease, the hangar presently owned by the Lessee and on the subject property will become the property of the City of Ashland~ The City of Ashland does agree that it will favorably consider extension of this Lease if the City finds, in its reasonable judgment, that the Lessee is carrying on its functions as presently is being done in the Ashland area, and at the Ashland Muni- cipal Airport, and as a community and area service for the Ashland area. This Lease shall be for a period of five (5) years, from and after August 8, 1987, so that it shall expire on August 7, 1992. SECTION II: POSSESSION The Lessee is in possession and may remain in possession during the term of this Lease so long as it is not in default thereon. -1- Lease RONALD L. SALTER ATTORNEY AT I-AW ~4 THIRD STREET ACJHLAND, DEE6rlN SECTION III: LESSEE'S RIGHTS AND DUTIES 1. Improvements. The Lessee shall maintain in good condi- tion the hangar, for the purpose of housing only items owned by the Civil Air Patrol, which shall include aircraft, equipment, supplies, and educational facilities relating to the activities of the Civil Air Patrol as listed below and at the Ashland Municipal Airport: A. Air Search and Rescue Operations; B. Ground Search and Rescue Operations; C. Aerospace Education; D. Physical Fitness Training; E. Flight Proficiency Training. 2. All facilities, including signs, must have the approval of the Lessor in writing, and in all cases construction plans must be approved by the Lessor in writing as to the physical and aesthetic design, site location, color, landscape design, parking, and land use. Such approval shall not be unreasonably withheld. It is mutually agreed and understood that title to all improvements of a permanent nature are the property of the Lessee, and that at the expiration date of the Lease, or sooner termination thereof, all right, title and ownership of said improvements, including the existing hangar, shall pass to the Lessor, who may dispose of such improvements or use such improvements as it sees fit for its own benefit. The Lessor reserves the option of moving the hangar and any. other improvements or facilities to any other location on the airport that it sees fit to so move them to, and with reasonable notification given in advance to the Lessee. 3. Lessee shall not engage in any commercial activities, but may perform maintenance on its own planes and equipment. 4. Lessee shall not engage in any activities that are in competition with activities permitted any Fixed Base Operator by its lease with the City of Ashland. Lessee shall not undertake any com- mercial activities, nor any fund-raising activities of any kind whatsoever, on the airport property without the written consent of the Lessor first being had in advance, and that any violation will result in the Lessee being subject to the forfeiture of the Lease. -2- Lease RDNALD L. SALTER ATTORNEY AT l-AW 94 THIRD STREET ASHLAND, ~REGDN 97520 5. Lessee shall not store aviation fuel or other flammables on the premises. 6. Lessee shall comply with the Airport Rules and Regula- tions attached hereto and incorporated herein as Exhibit "B". SECTION IV: LESSEE'S DUTIES 1. Premises. Lessee shall keep the leased premises and buildings under its control clean and in a neat condition. The property shall be kept in good repair, free of waste material and debris. Landscaping shall be maintained and properly watered in a reasonable fashion. Lessor reserves the right to conduct periodic on-site inspections to insure compliance with this section. 2. Radio. Lessee may maintain and operate such radio equipment as it deems necessary to function as a search and rescue and training facility, provided that all radio equipment is operated under the rules of the F.C.C., F.A.A., and the rules of the City of Ashland as they may now exist or hereinafter be adopted. 3. Utilities. Lessee shall make provision for and pay service and connection charges on all utilities. All utilities shall be underground and the location of any utilities off the leased premises shall be only as approved by the Lessor in writing. Nothing contained herein shall be construed as a representation by the Lessor that a septic tank permit can be acquired from the County Health Office, nor does the Lessor bind itself to make'available sufficient land to the Lessee .for septic tank and drain field purposes. 4. Insurance. Lessee shall maintain in full force and effect such insurance as is required by the Civil Air Patrol for their own equipment and facilities. Further, Lessee, at its own expense, shall obtain and keep in full force and effect during the term of this Lease a liability insurance policy with a combined single limit of not less than $500,000, with the City of Ashland, its offi- cers, commissioners, employees and agents as additional insureds. An insurance certificate attesting to this coverage shall be submitted to the City of Ashland's risk manager within ten (10) days of the signing of this Lease by the Lessee, and such insurance policy shall provide that it is not cancellable and shall remain in full force and effect until thirty (30) days written notice of termination is given to the City. RDNALD L. SALTER ATTORNEY AT LAW -3- Lease 94 THIRD STREET ASHLAND. QREBON 9?520 SECTION V: ASSIGNMENT AND SUBLEASING The Lessee is hereby totally prohibited from assigning, partially assigning, or subletting the above-described premises, and in the event any such assignment, partial assignment, or sublease is made, this Lease may be immediately revoked, terminated, at the option of the Lessor. SECTION VI: TERMINATING If at any time during the term of this Lease, ~c.mpccitc Squadron 05~ cf the Oregon Wing of the Civil Air Patrol ceases to be active and to carry on the functions described in this Lease, at the Ashland Municipal Airport, and specifically at that location, and to the full extent as is presently being done, then the Lessor shall have the right to immediately terminate this Lease. Lessee shall notify Lessor of ~ny failure by it to carry on the provisions of this Lease. Upon termination of this Lease, for any reason, all buildings and improvements on the property, whether placed there by the Lessee or not, immediately become the property of the Lessor. and rescinded SECTION VII: DEFAULT In the event of the failure of the Lessee to fulfill any term or condition hereof within fifteen (15) days after written notice of such default, time being of the essence hereof, Lessor may forth- with repossess the premises and declare this Lease terminated. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on this ~j~ day of ~~ , 198g~ CITY OF ASHLAND, BY: MAYOR CITY RECORDER OREGON WING OF CIVIL AIR PATROL, BY: OREGON ~ING COMMANDER -4- Lease RONALD L. SALTER ATTORNEY AT LAW g4 THIRD STREET ASHLAND, OREGE)N 9';S20 EXI;IEIT "A" A portion of sheet 2 of 6 City of A..,Lland Airport l,ayout Plan I~BNALD L, BALTEB ATTORNEY AT LAW 94 THIRD STREET ASHLAND, OREGON 9752D (503} 482-42 1 5 March 29, 1988 Mr. Steve Hall Director of Public Works City Hall Ashland, Oregon 97520 Re: CAP Lease Dear Steve: You have sent to us a copy of the CAP Lease with page 4 modified so as to delete the words "the Ashland Composite Squadron 054 of". A1 Alsing greatly stressed the need to provide that the Lease lasted only so long as the local group carried on activities at the Ashland Airport, and for it to cease when it became only the Oregon Wing. The difference is that under the original draft, if the local group ceased to func- tion, the Lease would terminate. As modified, if the local group ceases to function and the Oregon Wing carries on activities in any way, the Lease continues. The answer to this question is certainly not of a legal nature, and I leave the decision to you, and I merely bring this to your attention, as much of the consideration took place before you came on board. Very truly yours, L. SALTER City Attorney RLS/pc