HomeMy WebLinkAbout2003-004 Lease Addendum #2 -OSFSECOND ADDENDUM TO LEASE
THIS SECOND ADDENDUM TO LEASE is entered into this / day of
'~-'~c[,~b~r, 2002, between THE CITY OF ASHLAND, by and through its Council, (the ,~.,~
"City") and the OREGON SHAKESPEARE FESTIVAL ASSOCIATION, an Oregon non-
profit corporation ("OSF").
RECITALS
A. In 2000 City entered into a lease with OSF ("the 2000 lease") which
superceded and added property to a 1969 lease. OSF used the added property to
construct a new theater and a three-level parking facility.
B. In 2001 City and OSF entered into a First Addendum to Lease to remove the
Hargadine Parking Facility Property from the lease ("the First Addendum").
C. On September 3, 2002, the City in Resolution 2002-28 dedicated portions of
property subject to the lease as a public way. City and OSF desire to amend the 2000
lease to remove these dedicated portions from the 2000 lease.
City and OSF agree:
1. The description of the Additional Property as provided in Recital D of the 2000 lease
and amended in paragraph one of the First Addendum is modified to remove the area
dedicated as a public way in Resolution 2002-28. The modified description of the
Additional Property is contained on the attached Addendum Exhibit B dated September
10, 2002, and depicted on the attached Exhibit C.
2. The description of the Hargadine Parking Facility Property as provided in Recital D of
the 2000 lease and amended in paragraph one of the First Addendum is modified to
remove the area dedicated as a public way in Resolution 2002-28. The modified
description of the Parking Facility Property description is contained on the attached
Addendum Exhibit B-1 dated September 10, 2002, and depicted on Exhibit C.
3. Notwithstanding the removal of the public way from the 2000 lease, OSF agrees to
maintain the trees, landscaping, benches, lighting, drinking fountain and bicycle racks
installed by OSF within this public way pursuant to its planning action approval in
Planning Action #2000-074.
CITY OF ASHLAND OREGON SHAKESPEARE
1 - SECOND ADDENDUM G:\legal\PAUL\OSF~lease 2000 - second addendum 2002.wpd
OSF Lease
2nd Addendum OSF Lease
ADDENDUM EXHIBIT B
"ADDITIONAL PROPERTY"
LEASE DESCRIPTION
OREGON SHAKESPEARE FESTIVAL ASSOCIATION
Commencing at the Northwest corner of Lot 2, Block 9, in the City of Ashland,
Jackson County, Oregon, according to the official map of said City, adopted by
the City Council on November 5, 1888; thence along the Northwesterly boundary
of said Lot 2, South 35° 02' West, 108.70 feet to the Point of Beginning; thence
South 55° 18' East, 8.36 feet to the Northwesterly boundary of that parcel of land
described in Document No. 92-18504, Official Records, Jackson County,
Oregon; thence along said boundary, South 35° 02' West, 21.30 feet to the
Southwest corner thereof; thence continue South 35° 02' West, 52.00 feet;
thence South 55° 18' East 122.87 feet; thence South 35° 02' West 146.64 feet
more or less to the Northerly line of Hargadine Street; thence along said
Northerly line North 54° 41' West, 131.23 feet; thence North 35° 02' East, 218.52
feet to the point of beginning.
Also subject to a pedestrian access easement, 6.00 feet in width, the centerline
of which begins at a point which lies South 32° 21' 31" West, 179.15 feet from the
Northwest corner of Lot 2, Block 9, thence in a Northwesterly direction to the
Easterly line of Pioneer Street.
City of Ashland
September 10, 2002
39 1E 09BC TL 800 and 901
EXPIRES 12/31/02
ADDENDUM EXHIBIT B-1
"HARGADINE PARKING FACILITY PROPERTY"
LEASE DESCRIPTION
OREGON SHAKESPEARE FESTIVAL ASSOCIATION
Commencing at the Northwest corner of Lot 2, Block 9, in the City of Ashland,
Jackson County, Oregon, according to the official map of said City, adopted by
the City Council on November 5, 1888; thence along the Northwesterly boundary
of said Lot 2, South 35° 02' West, 108.70 feet; thence South 55° 18' East, 8.36
feet to the Northwesterly boundary of that parcel of land described in Document
No. 92-18504, Official Records, Jackson County, Oregon; thence along said
boundary, South 35° 02' West, 21.30 feet to the Southwest corner thereof;
thence South 55° 18' East, 57.64 feet to the Southeasterly boundary of said Lot
2; thence along said Southeasterly boundary, South 35° 02' West, 20.00 feet;
thence South 55° 18' East, 65.23 feet; thence South 35° 02' West 32.00 feet to
the Point of Beginning; thence South 55° 18' East, 127.77 feet to the
Northwesterly line of an alley; thence along said Northwesterly line, South 35° 02'
West, 148.01 feet to the northerly line of Hargadine Street; thence along said
Northerly line, North 54° 41' West 127.77 feet; thence North 35° 02' East, 146.64
feet to the point of beginning.
City of Ashland
September 10, 2002
39 1E 09BC TL 300 and 400
REGISTEREO
pROFESSIONAL
SURVEYOR
EXPIRES 12/31/02
SCALE: 1.= 50'
E XHIB'T C .
FOR LEASE ADDENDUM
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POINT OF BEGINNING
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