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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. PAGE 2-LEASE lp:po<ks'gun.dublssl 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 PAGE 3-LEASE Ip:p"''''loun-dub.l.., 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. PAGE 4-LEASE (p:p.,ks\gun.club.l.el 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. PAGE 5-LEASE lp:p..k.\gun-club.l.e' 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: c.Hl\lR ASH\..I'\N\) co'<"'....., SS \ 0.... lessee: " ~WJJ1 -CIC:A"1\O'f' ('~ PAGE 6-lEASE (p'parkslgun.club.lscl