HomeMy WebLinkAbout1997-004 Lease Clarification - T Hangar-Sandler Films
CITY OF ASHLAND
Office of the City Attorney
(541) 488-5350
20 East Main, Ashland, OR 97520
(541) 488-5311 - Fax
MEMORANDUM
Paul Nolte, City Attorney
Sharlene P. Stephens, Legal Assistant
DATE:
January 28, 1997
TO:
FROM:
Barbara Christensen, City Recorder
Sharlene P. StePhen"s~~
Clarification of GrOl.ind Lease with Sandler Films, Inc.
RE:
Attached is a copy of the December 30, 1996, letter to Allan Sandler from Brian
Almquist, which includes the signature of Allan Sandler showing his agreement with
Brian's letter. Also attached is a duplicate original of the Clarification of Ground Lease
signed on December 31, 1996, by both Brian L. Almquist and Allan Frank Sandler.
These two documents should be filed for save keeping.
Attachments (2)
c w /attachments: Pam Barlow, Public Works
(s:\sandler.mem)
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telephone (code 541) 4ee<<+t
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December 30, 1996
Allan Sandler
Sandler Films, Inc.
P.O. Box 306
Ashland, OR 97520
RE: Clarification of Ground Lease
Enclosed is a "clarification" to the existing lease with Sandler Films, Inc. for a hangar at
the Ashland Municipal Airport. This clarification is entered into by the city with the
understanding that Sandler Films, Inc. is responsible for, and will pay prior to
delinquency, any past or Mure property taxes assessed on the real property or
hangar improvements subject to the lease.
If you are in agreement with the above understanding, please signify your agreement
by signing below and returning this letter to me.
Please also sign the duplicate original .Clarification of Ground Lease" and return to me.
I will sign both and return to you a fully-executed original for your files.
Enclosures (2)
c-
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Brian L Almquist
City Administrator
I agree with the understanding set forth above.
~
lIan a ar, Pre dent
Sandler Films, Inc.
(p: airport\..ndler .ltr)
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CLARIFICATION OF GROUND LEASE
The parties to this agreement are the City of A~bl.Dd,
Oregon, a municipal corporation, L...or and also called City 4nd
sandler Filma, rue., L......
Whereas, City and Lessee enteroo into a Ground Lease
Agreement dated August lS, lPS' for use of a tract of land as an
aircraft storage hangar at the Ashland Municipal Airport,
hereafter referred to as the Lease, and
Whereas, it waB the intent of the partie. at the time of
execution of said lease that all improvements constructed upon
the leased premises at any time ~re and shall be and remain the
property of City, and
Whereas, the Lease requires 80me clarification to fully let
forth the intent of the partiesi
Now, therefore, the parties agree as followa:
1. SectiOB 2.01 "Term" is r~vi8.d by amending the
third subparagraph of section 2.01 to r.ad asfolloW8:
~If the period ot Airpor~ clolure exoeeds 6 months, the
Lessee shall have the option of extending the lease as noted
above or may terminate this lease by notifying the City in
writing thirty (30) days prior to t8rmin.~lon.~
2. Section 3.01 "Lease Fees" is revised by amending
the first subparagraph of Section 3.01 to re.d as follows:
~An initial monthly rental of no dollars ($0.00) per square
foot of land described in Exhibit A is establiahed for the term
of this lease specified in Article II~ section 2.10. The
consideration paid by Leisee as rental consists of the covenants
sot forth in this le48e and Lessoe'e payment of ~he cost of
construction 01 on aircraft hangar situAted on the leased
premises whioh hangar 18 the property of City. II
3. &.~1ol1 4.02 "Title to Improvements" 1s revised to
read as follows:
. "
.section 4.02. Title to Improvements. All permanent
improvements conltructed at any time upon the leased premises are
and shall be and remain the property of '. the City, free and clear
of all claims of LeS8ee or ~ny one olaiming under LeS8ee and
shall not be removed from the leased premis.1ii upon termination of
the lease or at any other time without ,the express written
consent of the C1ty."
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4. Section 6.02 is revised by insertinq an additional
provision at the commencement of Section 6.02 to read as follows:
"Lessee, at Lessee's sole cost and expense, shall maintain,
for the mutual benefit of Lessee and City, property insurance
covering loss or damage by fire, and Qther risks as may be
embraced within all-risk insurance ins"-ri'nq the full replaceruent
cost (excltlding foundation and eXC4vat1on cost) of the aircraft
storage hangar and other permanent improvements made to the
property. If all-risk insurance becomes unava1lable, then Lessee
shall insure the hanqar and other improvements with such coverage
as is customary from time to time for ClolDpa~able buildings in the
area. The amount of such insurance policy shall be increased
from time to time as the f~ll repladement.coet of the hanger end
other permanent improvements incr.aa8s.M
5. Soction 6.03 is revised by inserting an additional
provision at the end of Section 6.03 to read.8s follows:
"In the event of any casualty damage" to the hangar or other
improvements I Les60r may make proof of los's if Lessee fai 1 s to do
so within 15 days of the casualty and ~ft.r 10 days written
notice from Lessor of ita intent to do 80. ~
The foreqoinq revisions set forth th. original
parties and modify the Lease retroactively to
execution of the Lease.
,..,/~
Dated this 2--- ~ay of December, 1996.'
intent of the
the date of
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Byt
The City of Aahland
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By' ~>1.-- c/ - ,(t/
Brian L. Almquist ~
City Administrato
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-2- Clarification