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Home My WebLink About1986-0304 - Regular Meeting rrrlf.JuiLA...LU'l.-1.... t\rl';1 l..:AA..A..~t:J~ l.4A..A.~'~r..v\..'~ \"'VIo.U~~ 1"'""~'~.:lQ .,.v..!:1 "-Jf-.lI;;..M.'" v,~ v..,~~ ""-"\,......', V'~ ......~.... .....;:'I.....~.........., .....,~.......,"-J ""'"""'- AA the <lubjed 06 a pu.blic hMJUng wlU.ch hM been ce.o<le4. 16 you wA.-6h to <lpeak, . j ~e we and .a6.tVL you. have been ltecoglU.zed by .the CIuWr., g.<.ve YOM name and ~ .-6.ddJt~vth.e Cha.<.Jt will. then ~ow you. .to <lr;:eak and WO .<.n601Un you. II<I to the amou.n.t /~. (06 time iiUotted to you.. The time g1l.ll.Med will. be dependen.t to <lame exten.t on .the " . na.tuJte 06 the .<.tern U.ndVL fucu.<ll.>.<.on, the nu.mbVL 06 people who IA0.h to be heaJtd, and '0e length 06 the agenda. . 2eL AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL March 4, 1986 ,--J(- PLEDGE OF ALLEGIANCE: 7:30 P.M., Civic Center Council Chambers .\ II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting of February 18, 1986 IV. COMMUNICATIONS, PETITIONS & REMONSTRANCES: 1. Letter from Lawrence Thirlwal1 requesting additional street lighting on E. Main Street. 2. Letter from Sharon Thormahlen, appealing decision of Planning Commission denying expansion of travellers' accommodations at 130 Hargadine Street (set date for public hearing for April 1, 1986 at 7:30 P.M.). V. NEW & MISCELLANEOUS BUSINESS: 1. Liquor license application from Pizza Hut, 2220 Ashland Street, VI, PUBLIC FORUM: Business from the audience not included on the agenda. VII. ORDINANCES,RESOLUTIONS.& CONTRACTS: 1. First reading of an ordinance amending the Land-use Ordinance with respect to permitted uses in the Employment District. 2. Renewal of lease with State Forestry Department for Guard Station on Mistletoe Road. VIII. OTHER BUSINESS FROM COUNCIL MEMBERS: IX. ADJOURNMENT Attachments: 1. Minutes of Boards, Commissions & Committees 2. Monthly Financial Commentary - January 1, 1986 . I ~ , ,t!. ~ . ROLL CALL APPROVAL OF MINUTES PUBLIC HEARING M-l Dist. Amend. JR. NATIONAL GUARD ~OBILIZATION APPR. JROP BOX USE DRAINAGE MASTER PLAN MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL February 18, 1986 To honor National Patriotism Week ~ February 17 to 21, Troop 220 Winema Girl Scout Council members acted as color guards under the direction of leaders Sheila Straus and Terry Grant and led the Pledge of Allegiance. Present were Elerath, Reid, Bennett, Acklin, Laws and Smith. Smith asked that the minutes be corrected to show in the Traffic Safety Recommendations on page 3 that "people picking up children were asked to do so below. Bellview School" (rather than Tolman Creek Road as recorded). Bennett moved to approve minutes of the regular meeting of February 4, 1986 as corrected; Acklin seconded and the motion passed unanimously on voice vote. Planning Director Fregonese reviewed the proposal to amend the M-l Dist- rict to allow uses now permitted in the E-l Employment District saying that it is essentially a housekeeping measure. Fregonese said the amendment would allow retailing use in industrial zones and that it would be beneficial to business, Fregonese cited the need of Four Seasons to allow for low cost rental, manufacturing and warehouse sales space. The public hearing was open and Al Willstatter, 128 Central, supported the proposal saying it would have a salutory effect as far as economic development is concerned. Since there was no. further comment, the public hearing was closed. Elerath moved to instruct staff to bring back the necessary. ordinance to implement the amendment; Bennett seconded the motion which passed unanimously on roll call vote. A letter was read from Oregon National Guard requesting approval of clos- ure of "B" Street between Oak and Pioneer for mobilization when necessary and Smith moved to authorize request and for the City Administrator to . sign the document; Laws seconded the motion which passed unanimously on roll call vote, City Administrator Almquist reported on participation costs of utility drop box use saying that the drop boxes will be installed in the U.S. National Bank who have made the space available and the charge to the City would be $50. Almquist said that should Council agree with concept that authorization should be given the Mayor and Recorder for their sig- natures on the despository agreement. Smith moved to approve authoriza- tion and. expenditure of $50 for use of the drop box; Laws seconded the motion which passed unanimously on voice vote. The City Administrator noted that the Budget Committee had authorized staff to.j>roceed with a master plan for drainage and introduced Glen Grant of. Cramer, Chin and Mayo, Consulting Engineers for review of plan. Glen gave:a comprehensive presentation which included recommending that con~rete pipe be used in the plan where metal pipe exists, that public right of ways be. improved f~r access. that the T. 1. D. ditch be improved for more effectiveness/agapacity be increased in pipes with a minimum diameter 9f.lO inches to preclude property damage, Glen noted that the drainage network should be improved as development comes and then maintained on an on-going basis. r,len said that the cap1tal imp- rovement costs might be funded through gas taxes, bond measures etc. and should be maintained by monthly fees charged in the utility bills such as sewer management, No action necessary at this time, 2/18/86 P. 1 gular Heeting .' ", . .. HOSPITAL BOARD APPOINTMENT COUNTY COMP PLAN PROPOSAL AT NORTH ASHLAND.INTERCHG. PUBLIC FORUM ORDINANCES, RES- OLUTIONS & CONTo Sheridan Imp. Accounting Methods 86/87 Scenic/Nutley Yield Signs Parking Prohibi- tion/ Auburn S t 0 Ashland City.Council 2/18/86P; 2 Mayor Medaris appointed Frank Billovits to replace Bob Rasmussen on the Ashland Community Hospital Board. Medaris noted that Bob Rasmussen had mo",doutside the City and that Billovits is also a Banker and will serve the Board with this needed expertise. Smith moved to approve; Acklin seconded the motion which passed unanimously on voice vote, Planning Director Fregonese reviewed the ramifications of an application received by Jackson County for a zone change at the North Interchange at 1-5 to permit commercials useses, motels etc. and said that. the acre- age if rezoned would violate agreements previously made between the County and City regarding the Urban Growth Boundary. Fregonese said the area has been zoned RR-5 which would protect tourist oriented bus- inesses in Ashland. Fregonese reminded Council that LUBA had settled the previous dispute by getting the County to"agree to maintain the RR-5 zoning and that if Council agrees a letter opposing the proposed zone change should be written the Jackson County Commissioners as well as a letter from the Mayor, that City Attorney assist with the opposition. Fregonese said that the County Planning Commission will be having a hearing on the matter on March 17 at which time staff should attend and go on record in opposition and further that 1000 Friends of Oregon be asked for assistance. Fregonese noted that there is already vacant land within the. Urban Growth Boundary to provide for the development the. zone change would allow, Council discussed the landscape and other imp- rovements relative to the Curl-Up Motel and Fregonese said they did improve the original landscaping but the County has difficulty in enforc- ing with the present staff available. Smith moved to accept Planning Commission's recommendations; Laws seconded the motion which.passed unani- mously on voice vote, No response. Second reading by title only was given an ordinance ordering the improve- ment of Sheridan and Walnut Streets and Laws moved to adopt; Smith seconded the motion which passed unanimously on roll call vote. A resolution authorizing funds and accounting methods for the 1986-87 fiscal year was read and Smith moved to adopt; Bennett seconded the motion which passed unanimously on roll call vote. A resolution relative to yield signs at Scenic and Nutley Streets was read and Acklin moved to adopt; Bennett seconded the motion which passed unanimously on rollcall vote. A resolution prohibiting parking on was read and. Acklin moved to adopt; motion passed unanimously. the Northerly side of Auburn Street Smith seconded and on roll call the 2/l8/86 P. 2 :egular Meeting .oi V 0 .0 . TCR Loading Zone OTHER BUSINESS FROM COUNCIL MEMBERS ADJOURNMENT Ashland City Council 2/18/86 P; .3 A resolution designating a loading zone on Tolman Creek Road at Siskiyou Boulevard was read and Smith moved to adopt; Bennett.seconded the motion which passed unanimously on roll call vote. On question by Acklin as to who will have the responsibility for caring for the landscaping on Iowa at SOSC, Almquist said that Parks & Recreation would plant. Mayor Medaris said he had been contacted relative to red oaks which had been planted on Hersey Street by residents who claimed they weren't con- tacted relative to what type tree or care would be needed for same. Almquist noted that the red oaks were chosen by Don.Todt because they will not require water or other care. On another subject, Medaris noted that the Chevron Station on the corner of ~ranite will be razed at the end of the present lease and said it would make an excellent parking lot if the cost of the lot to be $99,000 would not make it prohibitive a cost per space" The meeting adjourned at 9:00 P.M. Nan E. Franklin Ci ty Recorder L. Gordon Medaris Mayor 2/l8/86 P, 3 .cI~. . ,~ . , ., . rES 2'1 ~1 Lawrence Thirlwall Lynda Thirlwall 586 E. Main Street Ashland, Oregon 97520 February 26, 1986 Ashlalld City Council City ;';;;11 Ashland. Or. 97520 Attention: Nan Franklin City Recorder Dear Hs. Franklin, Please find enclosed a Petition, signed by all the residents and ~,usinesses on East Ma"in Street, requesting a review" of the street lighting. The enclosed sketch shows that the present street lighting leaves cark areas between 4th and 5th streets on East Main. Th,s block is designated as part of downtown Ashland. There are several res~aurants and businesses which feed onto East Main at this pOint. People walk to the downtown from the residential areas along East HaIR. There is also a bike path along this section. All these reaSQilS should be criteria for a well lit area. Does the City of Ashland have a recommended spacing of street lighi,~:? A fjl-e station is on the coiner of Siskiyou Blvd. and East ~ain. Be~Ter li6h~ing would assist the fire truck drivers seeing oncoming autos and pedestrians, as they sWJng onto East Main. Thank you for your concern regarding this matter. Very truly yours, d~---<-~~ ~~J\ Lawrence J. Thirlwall A~.~~ ~da M. Thirlwall ,. "f ,_' . ~ ...' '. . Street Lighting Improvements East Main Street. Ash1and Or. MARCH 1986 We, the residents of East Main Street, request the city of Ashland to review and improve the street lighting between Siskiyou Blvd./ Lithia Way and Sherman Street. RESIDENT. ADDRESS. ~~. .~,....SfS~...E,..MP~.'Y...... \ ~ /7.'7 .;.( Ai / c:: C' <-.,/Jl ' ...'. . L. .f/.. ~ .......... .SY./...C.(.;./N~"'-.. ~; .~;;~1.~~ .~!" (~............)LSLiP'51.... . .~.~(..--:.. .~.......... .7."$7 .d/.J':-:<i(.......... . . .r::liJ1~\ .tfrJ/lJ. : . . . . . . . . . . . . . . /lfl?-...I.9.. Y<?:-:. . . . . . . .Vj2~,U;! 1/.4/~ . . . . . . . . . . . . . ,5~b.f3. F... 777 r+~0<-: . . . /- ~m ~ A. ) f3 u, 7.' /,V 6" E. . . .. 71;;,. .. ... . 1t1................f#. " .:-..m~1/... . . . Jf<~. .. '" . ... 'Y' .. . . . . . . . . . . . . . .S: s: i? .~. /N"~j!';< . . . . . -;7 I '0 v(. . _. " ""-,^,,-d. . : ~~. l. I. r ~ c.....;..I.. '" r:,>. .. .'''. .(-,.~.. ~\S. 7 .1:-. .E:.... .fY\A.~. 'l . ~:.q1-l. . \ :0. I;-!-;-~ ~.?~~~. . ~.() . . t;.. . /':04 ( rv. C>t;t:,t7T!................. .f.CfJ ./f;/?1/-l./~.<...... J1a. . .?~ ~C/.................... .5!fs:.,C:..I?74c.#.-:.... ~<] . !tr~<~::.- ,:7. ",.-- d 5' .' n '--J;":---:-- t. ~<~~:':"-."':^-:-:'". . . . . . . . . . . . . . . ~. .. . . oF. . .< . ~.":~ . . . . . /~!0-' .t.'-.f.,-f-fld<..................... :r),)~. F. /!70:('-;\...... t7d,~.... t!:~ bOO E. '/1~~4 .. L~~rl!/ff!9$t:rr1(~5 /5 c:;;JU~:5V_ P. -, .' o. ~...tJ '. ~;;t ~ u- 1;; Vi h l> ;. ... ~ iii : ~ ''.1, " "'< . I f1l 1> (A "i ~ l) - /' < 6- -( t- - ~ [) 1.1 :t -t () -- 1:, <: M 0 '--' 0~ k f11 ~ / o l ~[ jJ -1 _:I> ,..6 Z~ ~C~ rJ.0I :C~ ~--t .....( ?J ~. l' (" -;> :J> Z ~ g o p (jJ .jIl\.- tF ]V '" 0 () trl Z. \ ;;j - ~. Il\ X x 'J.. I . 81 ~ I~ o 1 fh ~ z I I I. 4'TU STR.EE.T . _ '8 (lj :;; ,- o . x / Y---" \ I/~.~ _ / I "~ '5 J.I E RJv1lJiV.5 T . . -' ,r-, rh J P (If). €J~ - g l 8 11 o or;; 5 -ru S7R €.E r _$/11'\ X , .....0- 1'1 //\ ..( In In )t x ... .... (Jl (ft. '1 :.t - l 2 .{\ .f\ OJ (j - lU Jt (11\ <.: t1\ 1) :f :b 1> ~ ..{ ... () 'tJ n ~ ~ .t J (CI ... ~ . .1 II .~ I' ~ 0 I ~ l$ ('\ :z: " fiI ~ ~ ;p .~ l'> .... 0 '" . )< . '. .\1// " , CC>I'<l..lOC(\..')/"'JI'.I~;~5 - 0 -' /! '- ,r; ~. ,;( ,~ '. ,)' 80 Hargadine Street Ashland, OR 97520 February 27, 1986 Mr. Brian Almquist C/O Ashland City Hall Ashland, OR 97520 Dear Mr. Almquist, We request an opportunity to appeal a decision made by the Ashland Planning Co~ission regarding our reque~t for a C.U.P. for a seasonal travelers' accommodation ' perm~t at 130 Hargadine street, Ashland, OR. We feel that unfair objections were raised about our proposal and that an uneve~ application of planning criteria was used in issuing the denial of our request. We are enclosing $50.00 as the fee to file an appeal. We would like to make our arguments in front of the City Council on April 1, 1?86. Sincerely, c:&---~~ Sharon Thormahlen ST:bc Enclosure. ~emnrandum 02 26 86 ~n:HONORABLE MAYOR and MEMBERS of the CITY COUNCIL ~rnnn: DAYMON BARNARD, CHIEF of POLICE ~ubjed: LIQUOR LICENSE APPLICATION An application for a liquor license has been received from Pizza Hut of Oregon, Inc. 2220 Ashland St. It will be managed by LARRY D NOBLE. This is, a Change of Ownership. We are conducting.a background check on the above named individual and to this point in time find no criminal record. Final approval will be contingent upon the final results of the background checks. 11w ~ DAYM~NARD . Chief of Police DB:am ~..'~ ~,~,~"O" ~ AoP.PLlI 'f''.. STATE OF OREGON OREGON L1aUOR CONTROL COMMISSION c""",X -C/O 9/ Return To; This application form costs $5.QO. A non-refundable processing fee is assessed when you submit this completed form to the Commission (except lor Druggist and Health Care Facility Licenses), The filing of this application does not commit the Commission to the,granting of the license lor which you are applying nor does it permit you to operate the business named below. No. 13439 (THIS SPACE IS FOR Olee OFFICE USE) Application is being made for: o DISPENSER, CLASS A o DISPENSER, CLASS 8 o DISPENSER. CLASS C o PACKAGE STORE ~ RESTAURANT o RETAil MALT BEVERAGE o SEASONAL DISPENSER o WHOLESALE MALT BEVERAGE 8. WINE o WINERY OTHER: o o o Change Location ~ Change Ownership o Change of Privilege o Grealer Privilege o Lesser Privilege O~O"iI" o ., . DI4i' ..,.- e12 - /) * "';00 . RoaJJ f-oz-. on f.",u:,p,- 1./31 GENERAL INFORMATION Add Partner Additional Privilege (THIS SPACE IS FOR CITY OR COUNTY USE) NOTICE TO CITIES AND COUNTIES: Do not consider this applica- tion unless it has been stamped and signed at the left by an OLCe representative. CAUTION: !/ your operation 01 this business depends on your receiving a liquor license, OLCC caulions you nolto purchase, remodel, or start construclion until your license is granted. THE CITY COUNCIL, COUNTY COMMISSION, OR COUNTY COURT OF (Name oj City or Collnty) RECOMMENDS THAT THIS LICENSE BE: GRANTED DENIED DATE BY (Signatllre) TITLE 1) 1. Name of Corporation, Partnership, or Individual Applicants: 2) PIZZA HUT OF OREGON. INC. 3) s) 2, Present Trade Name 3 New Trade Name 4) 6) (EACH PERSON LISTED ABOVE MUST FILE AN INDIVj~UAL HISTORY AND A FINANCIAL STATEMENT) PIZZA HUT N/A Yearfjled~ with Corporation Commissioner 4. Premises address 2220 HiQh\',av 66 (Nllmtler, Street, Rllfal ROllte) /;7701 (Zip) 5 Busine'ss mailing address Ashland (City) ,}ilrkc;nn (County) OY'PQnn (State) Q7'i?0 (Zip) P.O. Box 428 (P.Q Box. Number, Stroot, RlI'al Rowo) 'Wi ch i VI (C,ty) Kiln'::;"'::; (Stat!)) 6. Was premises prelliously licensed by OLCC? Yes~ No_ Type 0' license: Ro<:t;r",..:::tnt 7 If yes, to whom: Yea~ lQR'i PIZZA MANAGFMFNT: TNC 8. WiIIyouhavea'manager- Yes~ No_ Name I ~rry Nnhlp (Manage' must fill out Individual HiSTOry) 9. Wiil anyone else not signing this application share in the ownerShip or n~ceive a percentage of profits or bonus trom the business? Yes_ No----.X..... . 1701 E. Edinger. Suite B 4 (AjdressJ City. of Ashland (Name 01 City OrCOllnty} Bill'Stasiewicz (Name) Santa Ana. CA 92705 (714) 972-1701 (Tel. No, home,bus;n"ss, message) 10. What is the local governing body where your premises is located? 11. OLeC representat;ve making investigation may contact: CAUTION: The Adminislrator of the Oregon Liquor. Control Commission must be notified if you are contacted by anybody offering to influence the Commission on your behalf, Applicant(s) Signature (I.., ca:;e 01 CQrporJt:on, duly alllhon~ea olfl~lIr thereof) Ollgl".'_ Lac.'Oov_,"m...t Form 8454s-.80 (8-62) January 6, 19B6 DATE PI2ZA HUT OF OREGON,. INC. 4" , J, McCiure. President. Treasurer. & Director 4) 6A'-lrQ t!-.; ~'>Y7~J--,- Edward C. ~ohnson. V.,.ce ~~~-~ary & Director ~.;(W'ilFruff,!v~{sllde"nt. Asst. Secretary & Dlrector s) 6j .0 . ~:- ;':. ..... i . ORDINANCE NO, AN ORDINANCE AMENDING SECTIONS 18,52,020 (D) and (F) OF THE LAND- USE OP~INANCE OF THE ASHLAND MUNICIPAL CODE WITH P~SPECT TO USES PERMITTED IN THE EMPLOYMENT DISTRICT. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTIONl. Subsection (D) of Section 18,52.020 of the Ashland Muni- cipal Code is hereby amended to read as follows: "(D) Conditional uses in the Employment District listed in Section 18.40,030 and 18.40,040 of this Chapter, except residential uses," SECTION 2. As new subsection (F) is hereby added to Section 18.52,020 of the Ashland Municipal Code which shall read as follows: "(F) Permitted uses in the Employment District listed in Section 18.40,020 of this Chapter. The foregoing ordinance was first read on the 1986, and duly PASSED and ADOPTED this day of day of . 1986. Nan E. Franklin City Recorder SIGNED and APPROVED this. day of . , 1986. L, Gordon Medaris Mayor ,or-i i~~' . . .c~" .~~ fg:/ Forestry Department OFFICE OF. THE DISTRICT FORESTER VICTOR ATIYEH GOVER'lOR Southwest Oregon District 5286 TABLE ROCK ROAD. CENTRAL POINT, OREGON 97502 PHONE 664-3328 Febuary 18, 1986 Mr. Brian L. Abnquist City Administrator Ashland City Hall Ashland, Oregon 97520 Re: Ashland Guard Station lease Dear Mr. Abnquist: Upon receiving a copy of the draft lease for the Ashland Guard station on January 23; 1986, it has been reviewed by the District Forester, Unit Forester and myself. All are in agreement that everything appears to be in order and find the lease acceptable at this time with a couple of minor changes noted on the lease. The last page should read District Forester instead of State Forester and should read County of Jackson instead of Marion! As mentioned above, the draft ~ease has received approval from this office and has the approval in the form of the signature by the District Forester, TImothy R. .Keith on the dfaft. However, State Forestry property control in.Salem notified this office that they would like to review the lease before 'the final d~aft is signed and notarized to . insure that certain revisions required by our department are included. 1 will notify your office as spon as the go ahead is given by Salem Property Control and payment will be made promptly. If you have any questions regarding state,'leasing, please address them to Salem Property Control Officer, Rod'Workman at 378-2698 or 2600 State Street, Salem, Oregon, 97310. V'A::trul:iiour;' , ~rb;~ Assistant Unit Forester ''-. '~ , .. :OJ . ::-" LEASE THIS LEASE.made and entered into in triplicate this 1st day of January, 1986, by and between CITY OF ASHLAND, a municipal corporation of the State of Oregon, as Lessor,and STATE OF OREGON,by and through the State Forestry Department,as Lessee; WITNESSETH ; + Lessor does hereby rent ~nd lease unto the Lessee for a period of ten(lO) years commencing the Is} day of January, 1986, the following described real property situated ip Jackson County,Oregon, to-wit: Beginning at the southwest corner of the north~ast quarter of Section 14, T 395, R. IE. Willamette Meridian. City of Ashland, Jackson County, Oregon; thence north along the west line of said northeast quarter 354.0 feet to the true point of beginning; thence, continue north 190.00 feet;thence east'175.0 feet; the~ce, .south' 70 35' east 193.4 feet; thence, west 192.0 feet to the true point of beginning, containing 0.78 acres, more or less. . ! . II For and in con~ideration' of the leasing of the aforementioned , premises,the Lessee does hereby agree to pay and the Lessor does hereby , ' agree to accept as monthfy rent, the sum of fifty ($50.00) doltars per month,which shall be increased on January 1 of each year, by an amount equal to 20% of the preceding. monthly rent, until the monthly rent reaches one hundred. thirty five ($135.00) dollars per month. On the next January I, during the.': te~m of., this lease, monthly rental shall increase .. . in accord with the increase for the consumer price index. The year 1967, . i :.: "~ ',' shall equal 100 and th.e index- used shall be the com,umer price index for all urban consumers for tpe portla~d, Oregon area. The base period shall be the period ending January ~l, 1986, and if information for that month , , is not available, it . shall tJ:1en be for the next preceeding month f.or which the information is available.., : Th~ increase in ren"t shall be determined,made and effective on a monthly basis. Further, in no event is the rent to decrease even if the consume~ price index decreases. The Lessee.~ereqy consents and irrevocably agrees to affirmatively participate in a local improvement district to pave Mistletoe Road on such terms and conditions as .shall be selected by the City of Ashland, . :!' 1 This consent shall be.:::effective if and only if a majority of the property -1- Lease RONALD L. SALTER ". ATTORNEY AT LAW '. g4 THIRD STREET AS~LA~Oi OREGON 9.7520 " " , '.9wpers in the district designated by the City shall also agree. The majority shall be based upon the front footage of property owners on ::' , Mistletoe Road. If the road is improved, then starting with the first bill due from the Lessee to the City, the monthly lease payments shall be applied to the assessment payments, to partially offset such assess- ment payments. III The Lessee shall have the right to construct buildings and other improvements on the above-described premises, said premises shall be used exclusively as a 'f.orest administration site by said Lessee. IV The Lessee covenants and agrees to commit no waste on the pre- mises and to keep any impr9vements placed thereon in a good condition and state of repair at all times. V It is further agreed and ~nderstood that any improvements placed on the premises shall remain the prqperty of the Lessee herein, and said Lessee shall have the right to remove any buildings or other improvements placed on said premises at anytime prior to the termination of. this Lease. Any improvements not removed prior to the termination of this Lease shall authomatically become the property of the Lessor herein. VI The Lessee i~ hereby: prohibited from assigning, parti~lly assigning or sUb-leasing any portion of the above-mentioned premises with- out the consent of the Lessor, and in the event such assigning, partially assigning, or sub-leasing is attempted without such consent, this Lease . , . may be immediately revokeq and resc~nded at the option of the Lesso~. ; . VII It is .agreed and understood that the Lessee: shall have the right during the term of this Lease to terminate the same upon givin~ one hundred twenty (120) days written notice to such intention to terminate to the Lessor. , VIII Upon expiration of this Lease, or on failure to pay the rent within thirty (30) days after written notice that the 'same is que, or , on the failure to comply ~ith anyot the conditions of the Lease within thirty (30) days after written notice thereof, time being of the essence, -2- Lease RONALD L. SALTER - ATTO~NEY AT LAW &4 THIRD STREET ASHLAND, OREGON 97520 ~ ..' . j . ' ~ '. " ~ . 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 possessiori 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. , IX It is agreed that the extension of any payment or the accep- tance of a part thereof, or the failure of the Lessor to enforce any other breach hereof shall not be construed as a waiver by the Lessor of the strict performance of all the qonditions hereof, or waiver of any subsequent breach. x It is hereby declared to be the intention of the part~es hereto that should Lessee desire to continue use of the premises under the terms and conditions of this Lease, and so declare its desire within ninety (90) days prior to the termination of this Lease, that Lessor shall give due consideration to giv~ng a renewal of this Lease, provided, however, that it is understood. that the Lessor is not legally obligated to grant any renewal. XI As consideration for this Lease, the Lessee does hereby agree to indemnify and hold th~ City of Ashland, and its agents, officers and employees, harmless f~om any loss or liability of any kind whatsoever related to this Lease .and use of premises. XII In case of suit or action to enforce any rights or conditions of this Agreement, and upon arty appeal to a higher Court, it is mutually agreed that the loser in any such litigation shall pay the winner's reasonable attorney I s. fe~s that are determined by the Court, and upon any appeals, such additional fees as determined by the Appellate Court. -3- Lease RONALD L. SALTER ATTORNEY AT LAW . 94 THIRD STREET A5,HLANO. OREGON 97520 r ....- J .,"'" " "" I'" IN WITNESS WHEREOF, the parties hereto have hereunto set and seals th~ date in t~is Agreement first written. their hands CITY OF ASHLAND, OREGON By Mayor By Recorder pTATE OF OREGON, DEPARTMENT pF FORES:RY ~ By ~ff to . ~' ~_ Fo ster P,-,+r.<-+ STATE OF OREGON ss. County of Jackson) On this day of , 1986, before me the under- signed, a Notary Public in and for said County and State, personally appeared the within named Gordon Medaris, Mayor of the City of Ashland, and Nan Franklin, City Recorder of the City of Ashland, who arr kno~n to me to be the identical individuals described in, and who executed the I .\ within instrument, and ac~nowledged to me that they executed tpe same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and. seal the day and year last above written. Notary Public for Oregon My Commission Expires: STATE OF OREGON. ) T(J.U:'so!\l: S s'. County of .fII<1.L~n)' On this day of undersigned, a Notary Public , 1986, before me the in an~ for said County and State, personally -4- Lease RONALD L. SALTER ATTO~NEY AT LAW 84 THIRD STREET ~SHLANO, OREGON 97520 ~ ~.\: ~ ' ;., ~ .. appeared the within named of the State of Oregon, Department the identical individual described (J ,., fy"c + , Sea~c forester of Forestry, who is known to me to be in, and who executed the within instrument, and acknowledged to me that he executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I h~ve hereunto set my hand and seal the day and year last above written. Notary Public for Oregon My Commission Expires: , -5- Lease RONALD L. SALTER ATTORNEY AT LAW Q4 THIRO STREET ASHLAND. OREGON 97520