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HomeMy WebLinkAbout1983-034 Lease - American LegionLEASE THIS LEASE, made and entered in duplicate at Ashland, Oregon, this ~ day ~ , of . 1983, by and between the CITY OF ASHLAND, a municipal corporation of the State of Oregon, hereinafter designated as the Lessor, and AMERICAN LEGION, ASHLAND POST NO. 14, hereinafter designated as the Lessee, WITNESSETH: 1. TERM ~ND PREMISES. The Lessor in consideration of the rental to be paid and covenants to be performed by the Lessee as hereinafter recited, does hereby lease and let unto the Lessee for a term of three (3) years commencing with the 1st day of January, 1983, all of tlhe following-described premises situated in Jack- son County, Or.egon, to-wit: Commencing at the southwest corner of lot 2 block 8, original town of Ashland; hence south 68° east, 219 feet, more or less to the point of beginning. Thence, continue on same course 91 feet to the west line of Winburn Way; hence north 12° 46' east, 84.36 feet; hence north 68° west, 122 feet; thence southerly 93.2 feet to place of beginning. 2. RENT. For and in consideration of the leasing of the aforementioned premises, the Lessee agrees to pay and the Lessor agrees to accept the sum of One Dollar ($1.00) per year, with the first payment to be made simultaneously with the execution hereof, receipt whereof is hereby acknowledged, and a like payment on the 1st day of January, 1984, and on the 1st day of each year thereafter during the term of this lease. 3. LESSEE'S OBLIGATIONS. The Lessee covenants and agrees as follows: A. To keep the premises in good repair during the term of this lease. B. To hold the Lessor, its officials and employees, harmless from any suits or actions' occasioned by failure to keep said premises in repair, or damage arising from acts or neglect by the Lessee. . : C. To secure and maintain at its own expense, liability insurance, indemnifying and naming the City of Ashland, its agents and employees as an additional insured, against any and RFINALD L. SALTER -1- Lease A~--rORNEY AT ~W 94 THIRD STI~EIET ASHLAND, OREGON 97520 all claims, injury or damage to persons or property occurring upon , in or about the lease premises. This insurance shall be in the amount as set forth in ORS 30.270 as it now reads or as it may hereafter be changed. Provided, if any court of competent jurisdiction holds that the limitation of liability is invalid, then the insurance shall be in the amount of a combined single limit of Five Hundred Thousand Dollars ($500~,000.00) for bodily injury or death and not less that Fifty Thousand Dollars ($50,000.00) for property damage. D. To secure and maintain fire and extended coverage insurance in an amount equal to the full insurable value of the building being leased with the City of Ashland named as the named insured and with the City of Ashland entitled to any insurance proceeds. E. Any and all insurance required to be maintained by the Lessee shall be in a reliable insurance company and shall contain a provision whereby the insurer agrees not to cancel the insurance without thirty (30) days prior notice to the City of ~Ashland. On or before the commencement of this lease, Lessee shall furnish the City of Ashland with a certificate evidencing all insurance coverage required by this lease and renewal certificates shall be furnished to Ashland at least thirty (30) days prior to the expiration of each policy. 4. DESTRUCTION OF PREMISES. During the term of this lease, if the building shall be destroyed to the extent of 10 percent or more as determined by the Lessor in its reasonable exercise of discretion with such destruction to be by fire or casualty, then the lease shall immediately terminate and the Lessor shall not be obligated to rebuild nor to re-lease to the Lessee. 5. LESSEE'S POSSESSION. The Lessee shall have exclusive possession of the above-described premises as long as said Lessee performs all covenants and obligations of this lease, except, however, that the Lessor shall have the right' and privilege of entering upon the premises at reasonable times and under reasonable circumstances to inspect the same .with regard to the condition of said premises. -2- Lease RFINALD I. SALTER ATTORNEY AT LAW g4 THIRD STREET A~HLAND. nREGnN ~'752n 6. UTILITIES. The Lessee further covenants and agrees to pay, in addition to the rent ~above specified, all utility bills in connection with the use of the premises and in case such bills shall not be paid When due, said Lessor shall have the right to pay the same and collect such sums paid from the Lessee and shall have the same remedies for the nonpayment thereof as if the same had been for nonpayment of rent. 7. PROHIBITION ON ASSIGNMENT. The Lessee is hereby prohibited from assigning, partially assigning or subletting the above-described premises, and in the event said Lessee attempts to assign, partially assign or sublease the premises, the Lessor shall have full right to take immediate possession of the premises and evict the Lessee therefrom or take such other action as authorized in the default clause herein. 8. PERSONAL PROPERTY AND FIXTURES. Any personal property or fixtures heretofore, or which may hereafter be, placed on the premises by the Lessee shall remain the exclusive property of said Lessee provided they are removed prior to the last day of this lease. Further, it is the Lessee's obligation to remove any fixtures in such a fashion as to leave the property in good and usable condition and repair any damage done by the removal of the fixtures. 9. DEFAULT. Upon expiration of this lease or on failure to pay rent within ten (10) days of written notice that the same is due or the failure to comply with any of the conditions of this lease within ten (10) days after written notice thereof, time being of the essence, the Lessor, at its option, may terminate the same without notice and may reenter and take possession of said premises and expel the occupants thereof without in anywise being a trespasser; the failure to take possession at the time as stated afore-shall not, however, estop Lessor from afterward asserting its right. 10. ATTORNEY'S FEES. In case suit or action is brought to enforce any rights or conditions of this agreement, it is mutually agreed that the prevailing party in such suit or action shall be entitled to a reasonable attorney's fee as determined by the Court as against the losing party therein. -3- Lease RFINALD L. SALTER ATTORNEY AT LAW A~HLAND, OREGnN IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date in the agreement first written. AMERICAN LEGION ASHLA/~D POST No. 14 By · 3EE Commander Adjutant CITY OF ASHLAND BY ~ ~ Recorder ~LESSOR -4- Lease RFINALD L. SALTER A"I-rORNEY AT L.AW g4 THIRD ~nTREET ASHLAND, OREGON 975'~0