HomeMy WebLinkAbout2009-017 First Amendment to 1994 Ashland Gun Club Lease
FIRST AMENDMENT TO 1994 LEASE AGREEMENT
BETWEEN THE ASHLAND GUN CLUB AND THE CITY OF ASHLAND
THIS AGREEMENT is made and entered into between the CITY OF ASHLAND, OREGON, by
and through the Ashland City Council, hereinafter referred to as Lessor, and the ASHLAND
GUN CLUB, INC., hereinafter referred to as Lessee.
WHEREAS, the Lessee has formally leased from Lessor, certain City-owned Property for gun
club purposes since 1968; and
WHEREAS, the current 1994 Lease Agreement will expire May 30, 2009; and
WHEREAS, the Lessor and Lessee desire to continue negotiating a new long-term lease that
will further the public interest with the inclusion of a lead abatement/cleanup schedule,
together with other conditions and restrictions on the use of the city-owned property that will
address the concerns of abutting property owners and the City; and
WHEREAS, the lease negotiations regarding the new lease may not be complete by May 30,
2009; and
WHEREAS, on February 3, 2009, to facilitate negotiations, the Ashland City Council authorized,
inter alia, the execution of an Order extending the termination date of the 1994 Lease Agreement
by an additional year; and
WHEREAS, the Council specifically required that this lease extension not serve as an extension
of the abatement / cleanup schedule in the proposed lease agreement;
NOW THEREFORE, LESSOR AND LESSEE HEREBY AGREE THAT THE 1994 LEASE
AGREEMENT IS AMENDED AS FOLLOWS:
1. Recitals. The recitals set forth above are true and correct and are incorporated herein by
this reference; and
2. Lease Extension. The 1994 Lease Agreement terminatioQ date as reflected in the body of
1994 Lease Agreement is hereby extended for a period of one year, from May 30,2009 to May
30,2010; and
3. Month to Month Termination. Notwithstanding any other provision of the 1994 Lease
Agreement, the extension granted in paragraph 2 above may be terminated at the option of
Lessor by giving 30 days written notice to Lessee if the Lessor determines, at any time, that a
long-term lease is not in Lessor's best interest. If this extension is terminated, as provided for
herein, Lessor may remove Lessee, and any of Lessee's members or property by legal action or
by self-help with the use of reasonable force, without liability for damages, and without having
accepting a surrender.
2009-2010 Ashland Gun Club Lease Extension
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4. Savings. All other provisions of the 1994 Lease Agreement, not inconsistent with the
above changes remain in full force and effect.
LESSEE:
C, Q ,P~tA-. (plo~)
Ashland Gun Club, Inc.
2~O~
Date
ORDER
Pursuant to ORS 271.360 the City of Ashland hereby approves and authorizes the First
Amendment to the 1994 Lease Agreement between the Ashland Gun Club, Inc. and the City of
Ashland, as set forth herein.
LESSOR:
~~
Mayor, City of Ashland
2h"1>/oa,
Date
2009-2010 Ashland Gun Club.Lease Extension
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