HomeMy WebLinkAbout1994-157 Lease - Ashland Gun Club
LEASE
Lease between the City of Ashland, by and through its Parks and Recreation
Commission, ("Lessor") and Ashland Gun Club, Inc. ("Lessee")
RECITALS:
A. On July 27, 1983 Lessor and Lessee extended a sublease On certain property
owned by ,Lessor outside the City of Ashland. This sublease was extended for a term
expiring March 31, 1998.
B. Les~ee desires an extension beyond 1998 and the parties have determined that
the b'a,5t m!3thod in which to accompHsh this extension is to enter into a new lease and
ierininat~ What leases, subleases and extensions that may exist between Lessor and
Lessee. '
Lessor and Lessee agree:
....
1. Termination of previous leases and subleases. Any lease, sublease or
e~enslon in effect prior to the date of this lease, including but not limited to a lease
-dated May 21,1968; a document entitled "Sublease" dated December 16,1969; a
document entitled "MOdification of lease" dated [)e(:ember 16, 1969; a document
entitled "Sublease" dated March 30, 1918; a document entitled "Extension of Lease"
dated November 10, 1978; a document entitled "Extension 'of Sublease" dated March
30,1983, and a document entitled "Extension of Lease" dated July 27, 1983 between
Lessor and Lessee concerning the property described in paragraph 2 Is terminated
effective June 1. 1994.
2. Desorlptlon of property. Lessor leases to Lessee on the following terms and
conditions the property described in the attached Exhibit A and referred to in this lease
as the "leased property". Unless from the context a different meaning is intended, the
term "property" refers to unimproved real property, and the term "premises" refers to
the real property and any improvements located or constructed during the term of this
lease. Lessor reserves from this lease:
-2.1. Uthia Springs water or water facilities Including existing and new lines
which the Lessor shall have the right to install at such places as it deems advisable.
2:2. The right to remove any rock or gravel from the premises. No rock or
gravel shall be removed except after consulting with the Lessee as to the appropriate
3. Term. The term of this lease is 15 years commencing on June 1, 1994., and
terminating 15 years from such date. It is the desire of the Lessor to encourage the
utilization of the property by the Lessee and in the event there is no regular use by the
Lessee for any six month period, the lease shall be considered abandoned and the
Lessor may revoke the same.
4. Rental. Lessee shall pay Lessor for the use of the leased property during the
lease term the rental sum of one dollar. In addition, Lessee shall maintain the
boundary fence on the leased property and on the Lessor's propertY adjacent to the
leased property.
5. Use. Lessee shall use the leased property for the purpose of a rifle, pistol and
shotgun and archery range, and shan have the right to erect and construct such
facilities as are normally associated with such use, such as ranges, targets, target
sheds, club buildings, parking lots, etc. It is Specifically agreed that the Lessee .
previously constructed a range with a backstop 12 feet high, 100 feetinkmgth with
wings at eact)~J9lo~~~ safety; targets are raised at 50 yards,~&, 100
yards and 2OO'yarcis " a mMRer that ~ey or ~lodkIng an 8f31*EW9Q. ~
&art:lty I ~ 'l;fC similar t~ ~~8 ,......rl in mP.t~QJ3aliiBA a~
5.1. Any restoration of facilities, such as Pompadour Springs, must first have
the approval of the Lessor.
5.2 Lessee shall refrain from storing on or discharging from or onto the
premises any hazardous wastes or toxic substances as defined in 42 use SS9601.
9657 and shall not use the property in a manner to violate any statute or regulation
regarding hazardous substances. These laws and regulations include, but are not
Dmited to, the federal Comprehensive Environmental Response, Compensation and
Uability Act; Resource Conservation and Recovery Act; Toxic SUbstances Control Act;
Clean Water Act; Clean I>Jr Act; regulations of the United States Environmental
Protection Agency (EPA); ORS'466.567, 466.205,466.640 and 468.790 and regulations
. of the Department of Environmental Quality (DEQ) and are. collectively referred In this
agreement as "environmental laws. "
5.3 Lessee shall indemnify and defend Lessor from and against any and all
Dabilities, losses, and costs, including reasonable attorney fees, which Lessor may
incur because of Lessee's failure to perform all of its obligations under environmental
laws, Includihg any failure to perform during Lessee's previous occupation of the
property under leases dating from 1968.
6. UtilIties. Lessee shall initiate, contract for, and obtain, in its name, all utility
services required on the leased property, including gas, electricity, telephone. water,
and sewer connections and services, and Lessee shall pay all charges for those
services as they become due. If Lessee fails to pay the charges, Lessor may elect to
pay them and the charges will then be added to the rental installment next due.
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Lessee shall be liable for any injury or damages to the equipment or service
lines of the utility suppliers that are located on the leased property, resulting from the
negligent or deliberate acts of Lessee, or the agents, employees, invitees or guests of
Lessee.
7. Compliance with law. The Lessee agrees that it will at its expense promptly
observe and comply with all laws, orders, regulations, rules, ordinances and
requirements of Federal, State, County and City governments with respect to the use,
care and control of the leased property.
8. Representations.
. . 8.1. Inspection. Lessee acknowledges that this lease is accepted and
executed on the basis of Lessee's own examination and personal knowledge of the
. . value and condition of the leased property; .that no representation as to the value,
condijloRor repair of the leased property has been made by lessor or its agents and
. that.tOe Lessee agrees to take the leased property in the condition it is in at the time
of the execution of this lease.
8.2. Prior agreements. This lease Is the entire, final and complete agreement
of the parties and supersedes and replaces all prior and existing written or oral
understandings except as otherwise continued In effect by the terms of this
agreement
9. Improvements, alterations, maintenance.
9.1. Alterations or Improvements. Except for alterations or improvements to
increase safety on the existing range, lessee may make no alterations or
improvements to the leased property without the prior written consent of lessor, which
consent shall not be unreasonably withheld. All alterations, or Improvements that
lessee may desire to make to the Ieasecl property shaD be done by lessee and at the
expense of Lessee. The term "improvements" means 8rrf buildings, structures, or
facilities placed or erected on the leased property. All such work shall be done in a
good and workmanhl<e manner in compliance with aU applicable building and zoning
laws and ordinances.
9.2. Ownership of Improvements. The parties agree that improvements
placed on the leased property by lessee shaH remain the property of the lessee and
may be removed by the Lessee upon expiration or termination of this lease. All
improvements on the leased property which remain 30 days after the expiration or
termination of this lease shall, at the option of lessor, become the property of the
lessor without additional compensation to the lessee, free and clear of ali such claims
of Lessee or anyone claiming under Lessee and Lessee shall indemnify and defend
Lessor against all liability and loss arising from such claims. However, Lessor may
elect to remove such improvements and charge the expense of such removal to
Lessee. In the event Lessor elects to remove the improvements, Lessor shall make its
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election within 60 days after expiration or termination of this lease and shall notify
Lessee of any such election.
9.3. Maintenance and Repair. Lessee shall be responsible for maintaining
and repairing the premises. Lessee shall be responsible for Lessee's use and its
employees', agents', or invitees' use of the premises. Lessee shall, at the Elxpiration of
termination of this lease, surrender the premises in as good order and condition as
when received, reasonable wear and tear, damage from the elements, fire, acts of God
or other casualty excepted. Lessee shall be responsible and shall pay for all damage
or injury done to the premises by Lessee or any person who may be in or on the
premises with the consent of Lessee. In the event Lessee or Lessee's representative
removes any or all improvements from the leased property upon expiration or
termination of the lease, Lessee shall be responsible and shall pay Lessor for all
damages to the leased property.
10. Indemnification. Lessee agre~ to defend, indemnify and save Lessor its agents,
and employees harmless from any and aU losses, claims, actions, costs, expenses,
judgments, subrogations, or other damages resulting from injury to any person
(including injury resulting in death,) or damage (including loss or destruction) to
property, of whatsoever nature arising out of or incident to Lessee's use of the leased
premises, Lessee's activities on the premises, or any condition existing on the leased
premises (including but not limited to the acts of employees, agents. and others
designated by Lessee to perform work or services attendant to this agreement).
Lessee shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and proximately caused
by the negligence of Lessor. Lessor shall promptly notify Lessee of any claim subject
to this paragraph and cooperate with Lessee in all reasonable requests for information
necessary to defend any such claim.
11. Insurance. Lessee shall, at its own expense, at aU times during the term of this
agreement, maintain in force a comprehensive general liability policy lricluding
coverage for contractual liability for obligations assumed under this agreement, blanket
contractual Dability, products and completed operations and owner's and contractor's
protective insurance. The liability under each policy shall be a minimum of $500,000
per occurrence (combined single limit for bodily injury and property damage claims) or
$500,000 per occurrence for bodily injury and $100,000 per occurrence for property
damage. Uability coverage shall be provided on an .occurrence. not .clalms. basis.
The City of Ashland, its officers, employees and agents shall be named as additional
insureds. Certificates of insurance acceptable to the City shall be filed with City's Risk
Manager prior to the possession of Lessee of the leased property under this
agreement. These certificates shall contain provision that coverages afforded under
the policies can not be canceled and restrictive modifications cannot be made until at
least 30 days prior written notice has been given to City. A certificate which states
merely that the issuing company "will endeavor to mail" written notice is unacceptable.
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12. Default. The following shall be events of default:
12.1. Rent Delinquency. Delinquency in the payment of rent in excess of ten
. days beyond the rental due date unless specifically extended in writing by Lessor.
12.2. Noncompliance. Failure of Lessee to comply with. any term or condition
or fulfill any obngation of this lease (other than the payment of rent or other charges
within thirty days) after written notice by Lessor specifying the nature of the default
with reasonable particularity. If the default is of such a nature that it cannot be
completely remedied within the thirty day period, this provision shall be complied with
if Lessee begins correction of the default within the thirty day period and thereafter
proceeds with reasonable diligence and in good faith to effect the remedy as soon as
practicable.
. 12.3~ Uens. Failure to remove any lien or encumbrance placed upon the
leased lands.
13. Remedies. Lessor shall have the following remedies in addition to other
equitable or legal rights and remedies in the event Lessee is in default under the terms
of this lease agreement:
13.1. Re-enter. Lessor may re-enter the premises immediately and remove the
property and personnel of lessee, store the property In a public warehouse or at a
place selected by Lessor, at the expense of Lessee.
13.2. Terminate. After re-entry Lessor may terminate the lease on giving
written notice of termination to Lessee. Without such notice, re-entry will not tenninate
the lease. On termination lessor may recover from Lessee all damages prc>>:imately
resulting from the breach, including the cost of recovering the premises and the worth
of the balance of this lease over the reasonable rental value of the premises for the
remainder of the lease term, which sum shall be immediately due Lessor from Lessee.
14. Taxes, liens. Lessee shall pay all taxes or assessments levied upon the leased
premises during the term of the lease. Lessee shall not cause any liens or
encumbrances to be imposed upon the leased premises and. if any lien or
encumbrance is imposed upon such premises, Lessee shall proceed immediately to
remove the lien or encumbrance.
15. Holdover. If the Lessee does not vacate the leased premises at the time
required, the Lessor shall have the option to treat the Lessee as a Lessee from month
to month, subject to all the provisions of this lease except the provision for term.
16. Assignment. Lessee shall not assign this lease or sublet the premises without
first obtaining Lessor's written consent which shall not be unreasonably withheld.
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17. Successor interests. All the covenants, agreements, conditions and terms
contained in this lease shall be binding upon, apply and inure to the benefit of the
heirs, executors, administrators and assigns respectively of the lessor and the lessee
and all of such covenants shall be construed as covenants running with the land. This
paragraph shall not be construed as consent by the lessor to the assignment or
subletting of the premises.
18. Waiver. Failure of the Lessor to insist upon the strict performance of the terms,
covenants, agreements and conditions in this lease contained, or any of them, shall
not constitute or be construed as a waiver or relinquishment of the Lessor's right to
hereafter enforce any such term, covenant, agreement or condition, but the same shall
continue in full force and effect. .
19. . Entire Agreement. This lease contains the entire agreement between the parties
and, except as otherwise provided, can be changed, modified, amended, or
terminated only by an instrument in writing executed by the parties. It is mutually
acknowledged and agreed by lessee and Lessor that there are no verbal agreements,
representations, warranties, or other understandings affecting this lease.
lessor:
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lessee:
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