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HomeMy WebLinkAbout1978-48 SubLease - Gun Club ASHLAND PARKS AND RECREATION COMMISSION CITY HALL, ASHLAND, OREGON 97520 482-9215 or 482-9216 PARK COMMISSIONERS: DOUGLAS W. GRAEF KAY BERNARD. Chairman Director NANCY PIN NOCK BOB BENNETT JOHN W i JACK) MILLS JOHN RALSTON SUBLEASE THIS SUBLEASE, made and entered into in duplicate this 30th day of March, 1978, by and between the ASHLAND PARKS AND RECREATION COMMISSION, as Lessor, and the ASHLAND GUN CLUB, INC., a nonprofit corporation, as Lessee, WITNESSETH: For One Dollar ($1.00) and other valuable consideration, the Lessor does hereby lease unto the Lessee a portion of the property known as the "Lithia Springs Tract", which portion is located in Jackson County, Oregon, and is described as follows, to-wit: A parcel of land in the Southwest Quarter of the Southwest Quarter of Section 7, Township 39 South, Range 2 East of the Willamette Meridian, County of Jackson, State of Oregon, said fraction being particularly described as follows: From a point on the common boundary between Section 12 and said Section 7, 785 feet North of the section corner common to said sections, run 462 feet North to an intersection with a line bearing East from the Southwest corner of Donation Land Claim No. 51; thence East 679 feet; thence North 72.6 feet; thence East 306 feet; thence South 42o40' East 130.7 feet; then'ce South 60o30' West 887 feet, more or less; thence West 300 feet, more or less, to the point of beginning on the Range Line common to Sections ]2 and 7. SUBJECT TO the reservations made by the City of Ashland in that certain lease dated May 21, 1968, by and between the City of Ashland as lessor and the Lessor herein as lessee. Home of Famous Lithia Park ASHLAND GUN CLUB SUBLEASE PAGE 2 II This lease shall commence upon the date of the execution by the parties hereto and shall continue until the 30th day of March~ 1983 Which_is the date .that the prime lease between the City of Ashland and the Lessor herein terminates. III It is agreed and understood that the Lessee herein shall use said premises exclusively for the purpose of a rifle, pistol and shotgun range, and shall 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.; provided, however, that no improvements shall be placed on the premises without the Lessee first receiving the written approval of the Lessor so to do. It is specifically agreed that the Lessee shall construct a range which shall include erecting a backstop 12 feet high, 100 feet in length with wings at each end for added safety; also firing lines shall be raised at 50 yards, 50 meters, 100 yards and 200 yards in such a manner that they can be baffled in the future to make an approved safety range similar to those used in metropolitan areas. IV It is agreed that the ownership of any structural improvements on the premises shall remain in the Lessee, who shall have the right to remove the same prior to the termination of this sublease. V It is understood that portions of Lithia Springs Tract, consisting of approximately 66 acres, will be leased to other groups and individuals for park and recreation purposes. It is also understood that is desired that others use the property leased hereunder with the consent of the Lessor herein for other purposes as long as such use does not interfere with regularly scheduled events and uses by the Lessee. ASHLAND GUN CLUB SUBLEASE PAGE 3 Thus, it is to be understood that the Lessee shall have the primary use of the property, but not exclusive use thereof. No use by third persons may be made of any improvements without the consent of the Lessee and no use by third persons shall be made of the land without the Lessee being first notified by the Lessor. VI It is agreed and understood that in the event said real property is taxed, all such taxes shall be paid by the Lessee on or before the 15th day of November of the taxable year. VII Lessee, at its expense shall obtain and keep in full force and effect during the term of this lease, liability insurance with limits of liability not less than $100,000 each person, $300,000 each occurrence for bodily injury, and for property damage liability of not less than $50,000 each accident. The City of Ashland and/or its duly elected and appointed officials and city employees of Ashland, Oregon, shall be named as additional insureds under the policy. A certificate of said insurance policy shall be filed with the City Recorder cf the City of Ashland. The policy shall contain the provision that in the event of cancellation, fifteen (15) days written notice shall be given the Lessor prior to the date of cancellation. VIII The Lessee agrees to indemnify and save harmless the Lessor against and from any and all claims by or on behalf of any person or persons, firm or firms, corporation or corporations, arising from the conduct of or management about the demised premises, or from any accident in or on the demised premises, and will further indemnify and save the Lessor harmless against and from any and all claims arising from any breach or default on the part of the Lessee in the performance of any covenant or agreement on the part of the Lessee to ASHLAND GUN CLUB SUBLEASE PAGE 4 be performed pursuant to the terms of this lease, or arising from any act or negligence of the Lessee, or any of its agents, contractors, servants, employees or licensees, members, and from and against all costs, counsel- fees, expenses and liabilities incurred in or about any such claim or action or proceeding by counsel reasonably satisfactory to the Lessor. IX The Lessee is herby prohibited from assigning, partially assigning or subletting the above described premises without the consent of the Lessor, and in the event any such assignment, partial assignment or sublease is attempted without such consent, this sublease may be immediately revoked and rescinded at the option of the Lessor. X 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 members of the corporation of the premises for any six (6) months period, the sublease shall be considered abandoned and the Lessor may revoke the same. XI Upon expiration of this sublease or on failure to comply with any of the conditions of this lease within thirty (30) days after written notice thereof, time being of the essence, 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 possession 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. ASHLAND GUN CLUB SUBLEASE PAGE 5 XII All notices from the Lessor to the Lessee shall be directed to the registered agent of the Lessee as filed with the Corporation Commissioner of the State of Oregon. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date in this agreement first written. ASHLAND PARKS AND RECREATION COMMISSION By_ - ?11 , By §i!?« BY BY-- ASHLAND GUN CLUB, INC. By President ATTEST: cretary ASHLAND GUN CLUB SUBLEASE PAGE 6 That the terms and conditions of the aforementioned sublease have this day of 7 1978 been approved and confirmed by resolution of the Common Council of the City of Ashland. By ATTEST: .G?-sU ? li7L-?Yl? My Re order