HomeMy WebLinkAbout2003-211 Termination of Lease - Community WorksAGREEMENT FOR MUTUAL TERMINATION OF LEASE
Mutual Termination of Lease made and entered into this 15th day of September, 2003,
by the City of Ashland, Oregon, ("Lessor"), and Community Works, an Oregon non-profit
corporation, ("Lessee").
Recitals:
A. Lessor and Lessee previously entered into a lease dated December 1, 1996,
(the "Lease") for the Lessee's lease from Lessor of the real property (the "Premises")
described on the attached Exhibit A.
B. Lessee no longer desires to lease the premises and has agreed with Lessor to
mutually terminate the lease.
C. Lessee has not permitted or suffered any lien, mortgage, or other
encumbrance on the reversion or other estate of Lessor or on any interest of Lessor in
the premises.
D. Lessee has not permitted or suffered any liens to attach to the interest of
Lessee in all or any part the premises by reason of any work, labor, services, or
materials done for, or supplied to, or claimed to have been done for or supplied to,
Lessee or anyone occupying or holding an interest in all or any part of the
improvements on the premises through or under Lessee.
E. Lessee has not assigned or sublet any portion of the premises.
In exchange for the mutual promises and covenants contained in this agreement, and
other valuable consideration, the receipt and sufficiency of which are acknowledged,
Lessor and Lessee agree to terminate the Lease pursuant to the following terms and
conditions:
1. The above recitals are true and correct and are incorporated into this agreernem.
2. Lessor and Lessee mutually agree to the termination of the Lease effective on the
30th of September, 2003.
3. Lessee shall vacate and voluntarily transfer ownership and possession of the
improvements of the Premises to the Lessor on or before the 30th of September,
2003, including the removal of any of Lessee's personal property.
4. Lessee shall leave the premises in a clean and sanitary condition, normal wear and
tear expected.
5. Title to improvements on the property shall automatically pass to, vest in, and belong
to Lessor upon the effective date of termination without further action on the part of
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either party.
6. Lessee shall be responsible for the payment of any applicable charges due under the
Lease through the 30th of September, 2003.
7. Use of the Premises by Lessee will be on an "as available" basis. Lessee agrees
these uses will be within existing standards and regulations for other similar facilities of
the Lessor, and will not conflict with uses of the Premises by other primary tenants
and/or community groups.
8. Lessor agrees as a condition of the transfer of ownership and possession of
improvements to allow the programs of the "Music Studio", to remain on the Premises
as a separate program (including its program equipment and technology) without
charge, for a period not to exceed one year from the date of the transfer of ownership
and possession of improvements. At that time, the Music Studio's program facility uses
will be reviewed by all parties, and any changes to structure, fees, use frequency, etc.,
will be re-negotiated.
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CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
ADMINISTRATION: (503) 488 55~7
ENGINEERING: (503) 488-5347
FDfHIBIT 'A'
LAND DESCRIPTION
CITY HALL
20 E MAIN STREET
ASHLANDr OREGON 97520 1814
FAX (503) 488-6006
Commencing at the centerline intersection of East Main and
Garfield Streets, from which the Southeast corner of Donation Land
Claim No. 43, Township 39 South, Range 1 East of the Willamette
Base and Meridian, Jackson County, Oregon bears South 00 degrees
02 minutes 26 seconds West for a distance of 147.355 feet and
North 89 degrees 59 minutes 41 seconds East for a distance of
965.13 feet therefrom;
THENCE South 78 degrees 02 minutes 41 seconds West along the
centerline of East Main Street for a distance of 5.00 feet to a
iron pipe and bronze disk in a monument case;
TIiENCE leaving said centerline, North 03 degrees 46 minutes
11 seconds West for a distance of 30.31 feet to a point in the
Northeasterly right of way line of East Main Street for the TRUE
POINT OF BEGINNING;
THENCE South 78 degrees 02 minutes 41 seconds West along the
Northeasterly right of way line of East Main Street for a distance
of 163.00 feet;
THENCE leaving said right of way line, North 00 degrees 07
minutes 22 seconds East for a distance of 107.05 feet;
THENCE South 89 degrees 34 minutes 41 seconds East for a
distance of 186.32 feet;
THENCE South 05 degrees 10 minutes 19 seconds West for a
distance of 66.71 feet to a point in the Northeasterly right of
way line of East Main Street;
THMNCE South 75 degrees 25 minutes 49 seconds West along said
Northeasterly right of way line for a distance of 21.77 feet to
the point of beginning.
TOGETHER with ~nd subject to covenants, easements, and
restrictions of record and those apparent on the land.
Said property contains 15,932 square feet, more or less.
GRANTOR:
City of
20 East
Ashland,
GRANTEE:
October 1, 1996
Surveyor's Registration
Renewal Date: June 30, 1998
ref: C96T23A.leg
EXHIBIT 'A'