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HomeMy WebLinkAboutDOC 1954-04LEASE THIS AGREEMENT, made this ~ day of March, 195~, by and between the CITY OF ASHLAND by and through the Ashland Park Commis- sion and the Common Council, hereinafter designated as th~ Lessor, and the OREGON SHAKESPEAREAN FESTIVAL ASSOCIATION (OSF), a nonprofit corporation of Oregon, hereinafter designated as the Lessee, WITNESSETH: 1. PERIOD OF LEASE. the Lessee for a period of that certain tract of land described The Lessor does hereby lease and let unto twenty (20) years from the date hereof situated in Lithia Park, Ashland, Oregon, as follows, to-wit: Tract 1. All of the property described in Volume 116, Page 583-5, Jackson County Deed Records. Tract 2. All of that property lying southerly between the above described property and the Chautauqua shell; thence westerly around the shell to most southerly point; thence at a tangent easterly to 90° intersection with the westerly side.of South Pioneer; thence northerly along the west side of South Pioneer Avenue to the south- east corner of the property described as Tract 1 above, all of which lies within the City of Ashland, ~ackson County, ~regon. on the terms, stipulations and conditions as hereinafter set forth and enumerated. 2. USE OF PROPERTY. It is agreed and understood that the premises shall be used by the Oregon 8hakespearean Festival Associa- tion primarily for the conducting of the annual Oregon Shakespearean Festival in a manner generally as has heretofore been conducted on said premises by the Lessee; and if the Lessee conducts the annual Festival at any other place than the above described property, the Lessor, at its option, may immediately terminate this lease. It is understood and agreed that the Lessee shall permit other civic organizations to temporarily use the premises when such use will not interfere with the operation of the activities of the Lessee, provided, however, that the Ashland Park Commission shall first give its approval for the use of the premises by anyone other than the Lessee. No rental shall be charged by the Lessee for the use by others except upon approval by the Ashland Park Commission. 3. CONSIDkRATION FOR TJEASE. That the consideration for this lease shall be the payment to the Lessor of the sum of One Dollar ($1.00), the receipt of which is hereby admitted, and the benefits to accrue to the City of Ashland by reason of this agreement. ~. IMPROVEMENTS ON LEASED PROPERTY. That all buildings or any other structures placed on said premises shall become the property of the Lessor, and all seats, fixtures and personal property heretofore or hereafter placed on the premises by the Lessee shall remain the property of the Lessee and may be removed at any time prior to the termination of this lease. In the event such property is not removed within the period of this lease, then title to such property shall vest in the Lessor herein. In removing any improvements the land shall be placed in as near as possible the original condition as the same was prior to the placing of the improvements thereon. It is a~eed and understood that the Ashland Park Commission must first approve the installation of any permanent improvements or change in landscaping on the above described property. 5. MAINTENANCE OF PRO?~RTY. The Lessee does hereby covenant and agree to maintain any improvements placed on said premises in good condition, reasonable wear and tear excepted, and the property shall be policed and kept in a neat and clean condition by the Lessee. 6. TITLE TO PROPERTY. It is agreed and understood that there is a dispute between the Lessor herein and the E. K. Anderson heirs as to the title to Tract 1 above described and the Lessor makes no warranties whatsoever with regard to having title to said Tract l, and the interest of the Lessee herein is subject to any a~verse interest by third persoas. 7. OPTION FOR RENEWAL. That the Lessor does hereby give and grant unto the Lessee an absolute right to a renewal of this lease for an additional period of twenty (20) years, provided that the Lessee shall have kept and performed its covenants and agreements contained herein. 8. DEFAULT OR BREACH. In the event the Lessee commits any default or breach of any of the terms or conditions of this agree- ment and fails or neglects to correct the same within six (6) months after notice thereof by the Lessor herein, then and in such event, the Lessor shall have the right to immediately expel the Lessee from the premises herein and declare this lease rescinded. In the event the Lessee fails to conduct the annual Shakespearean Festival for a period of three (3) years, except for war, catastrophe or other circumstances beyond the control of the Lessee, the Lessor shall have the right to immediately terminate this lease. 9. ASSIGNMENT. It is understood that the Lessee herein shall have no right to make any assignment of any interest herein or sublease said premises, except for the temporary use of said premises by civic organizations as heretofore stated. 10. SAVE HARMLESS COVEN&NT. It is agreed that the Lessor shall not be liable to any third persons as a result of the use of said premises by the Lessee, its employees or agents, and the Lessee covenants and agrees to save the Lessor harmless from the claims of said third persons by reason of by the Lessee herein. This agreement is executed this ~mP. day of ~ac8 by the Mayor and City Recorder by authority of the Common Council the use of said premises ~ 195~+, 0£ the City of Ashland, and by the Chairman and Secretary of the Ashland Park Commission by authority of said Ashland Park Commission~ and by the President and Secretary of the Oregon Shakespearean Festival Association by authority of the Board of Directors of said association. CITY OF ASHLAND Common Ceuncil ~/ City Recorder AshlaRS Park Com~.ssion ASSOC~T~