HomeMy WebLinkAbout1994-159 Airspace License - Sandler
CITY OF ASHLAND
AIRSPACE LICENSE
License made this day of ~ U,cij , 1994, between the City of
Ashland ("City"), and Allan Sandler and Sally Sandler as Licensee;
City and Licensee agree:
1. DESCRIPTION OF PREMISES: City permits Licensee to use the following
described property ("the premises") on the terms and conditions stated below:
See the attached Exhibit A.
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2. TERM: This license shall begin on *air 1, 1; and continue until terminated as
provided in paragraph 15.
3. PAYMENT: Licensee shall pay to City for this license the sum of $150.00.
4. PURPOSE. The premises shall not be used in any manner than for restaurant
seating or human habitation nor used in any manner deemed by City to be a hazard
or potential hazard to the public using the public sidewalk or right of way. Use and
maintenance of the premises shall cause no interference with pedestrian or vehicular
traffic on East Main Street or the adjacent public sidewalk or right of way. Licensee
shall not use or allow the premises to be used for any unlawful purpose whatsoever.
4.1. Compliance with environmental laws. As used is this license, the term
"hazardous material" means any hazardous or toxic substance, material, or waste,
including, but not limited to, those substances, materials, and wastes listed in the
United States Department of Transportation Hazardous Materials Table (49 C.F.R.
§ 172.101) or by the United States Environmental Protection Agency as hazardous
substances (40 C.F.R. Part 302) and any amendments, ORS 466.567, 466.205,
466.640 and 468.790 and regulations of the Oregon State Department of
Environmental Quality, petroleum products and their derivatives, and such other
substances, materials and wastes as become regulated or subject to cleanup authority
under any environmental laws. "Environmental laws" means those laws cited in this
subparagraph.
4.1.1. Licensee's compliance with laws and permits. Licensee shall
cause the premises and all operations conducted on the premises (including
operations by any subtenants) to comply with all environmental laws.
4.1.2. Limitation on uses of hazardous materials. Licensee shall not use
or allow any agents, contractors or subtenants to use the premises to generate,
manufacture, refine, transport, treat, store, handle, recycle, release or dispose
of any hazardous materials, other than at reasonably necessary for the
operation of Licensee's activities as contemplated under this agreement.
PAGE 1 of 4-LICENSE (p:reaRsand-airlic)
4.1.3. Lessor's Riahts. Lessor shall have the right to conduct
reasonable inspections and investigations of the premises and the operations
conducted on the premises from time to time during normal business hours
upon 48 hours notice unless an emergency requires less notice, and Licensee
shall cooperate fully with Lessor during such inspections and investigations.
4.1.4. Indemnification. Licensee agrees to defend (with counsel
approved by Lessor), fully indemnify, and hold entirely free and harmless Lessor
from and against all claims, judgments, damages, penalties, fines, costs,
liabilities, or losses (including, without limitation, diminution in value of the
premises, damages for the loss or restriction on the use of rentable or usable
space or of any amenity of the premises, damages arising from any adverse
impact on marketing of space, sums paid in settlement of claims, attorneys'
fees, consultant fees, and expert fees) which arise during or after the license
term and which are imposed on, or paid by or asserted against Lessor by
reason or on account of, or in connection with, or arising out of Licensee's
generation, manufacture, use, transportation, refinement, treatment, storage, or
disposal of hazardous materials, or any release of hazardous materials as a
result of Licensee's use or activities, or of Licensee's agents, contractors, or
subtenants.
5. INDEMNIFICATION: Licensee agrees to defend, indemnify and save City, its
officers, employees and agents harmless from any and all losses, claims, actions,
costs, expenses, judgments, subrogations, or other damages resulting from injury to
any person (including injury resulting in death,) or damage (including loss or
destruction) to property, of whatsoever nature arising out of or incident to the
performance of this agreement by Licensee (including but not limited to, Licensee's
employees, agents, and others designated by Licensee to perform work or services
attendant to this agreement). Licensee shall not be held responsible for damages
caused by the negligence of City.
6. INSURANCE: Licensee shall, at its own expense, at all times during the term of
this agreement, maintain in force a comprehensive general liability policy including
coverage for contractual liability for obligations assumed under this Contract, blanket
contractual liability, products and completed operations and comprehensive
automobile liability including owned and non-owned automobiles. The liability under
each policy shall be a minimum of $500,000 per occurrence (combined single limit for
bodily injury and property damage claims) or $500,000 per occurrence for bodily injury
and $100,000 per occurrence for property damage. Liability coverage shall be
provided on an "occurrence" not "claims" basis. The City of Ashland, its officers,
employees and agents shall be named as additional insureds. Certificates of
insurance acceptable to the City shall be filed with City's Risk Manager prior to the
commencement of any occupation of the premises by Licensee under this agreement.
These certificates shall contain provision that coverages afforded under the policies
cannot be canceled and restrictive modifications cannot be made until at least 30 days
prior written notice has been given to City. A certificate which states merely that the
issuing company "will endeavor to mail" written notice is unacceptable.
PAGE 2 of 4-LICENSE (p:reansend-airlic)
7. IMPROVEMENTS. Except for the balcony to be constructed and attached to the
building at 58 East Main Street, Ashland, Oregon, no improvements shall be placed in
or on the premises, and no alterations shall be made on the premises without the prior
written consent of City. All improvements shall be made at the sole expense of
Licensee. All improvements made by Licensee on the premises shall be and remain
the property of Licensee.
8. TAXES AND UTILITIES. Licensee shall be responsible for all taxes and
assessments, if any, on all real and personal property and improvements on the
premises, including real property belonging to City. Licensee shall pay for all utility
services furnished to the premises.
9. PERMITS. Licensee shall secure all necessary permits and licenses required in
connection with operations on the premises and shall comply with all federal, state,
and local statutes, ordinances, and regulations that may concern, in any way,
Licensee's use of the premises.
10. ASSIGNMENT. The provisions of this license and all of its obligations and rights
shall bind any assignee or successor of Licensee, and any purchaser or transferee of
any interest of Licensee's in the building located at 58 East Main, Ashland, Oregon
more specifically described as:
See the attached Exhibit B.
Licensee shall execute and acknowledge a memorandum of this License as it affects
the property described in Exhibit B in a form suitable for recording, and City may
record the memorandum.
11. SIGNS. Any sign erected or placed on the premises shall comply with the Sign
Ordinance of the City of Ashland.
12. MAINTENANCE. Licensee shall, at its sole expense, keep and maintain the
premises at all times in a orderly, clean, and safe condition.
13. ACCESS. There shall be no access from the premises to the public sidewalk or
right of way unless necessitated by an emergency requiring immediate access from
the premises to the sidewalk.
14. RIGHT OF ENTRY. City specifically reserves the right to enter and occupy the
premises upon failure of Licensee to comply with any provision of this license. City
also reserves the right to enter the premises for purposes of inspection and to
determine whether Licensee is complying with the provisions of this agreement and to
perform acts necessary or proper for the protection, preservation, maintenance,
reconstruction, and operation of the public right-of-way and sidewalk.
15. TERMINATION. In the event of breach of any of these license terms, City shall
have the right to immediately terminate this license, to re-enter and repossess the
PAGE 3 of 4-LICENSE (p:reaRsand-eirlic)
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premises, and to hold the same as though this license had never been made or
issued. In addition, this license may be terminated as to all or part of the premises
when needed for public purposes, or when the City determines that it is in the public's
best interest, upon giving of a 180-day written notice to Licensee of its intent to
terminate same. In the event of such termination, Licensee waives its rights to make a
claim for any losses or damages suffered thereby.
15.1. Removal of improvements. In the event of termination, regardless of how
effected, including termination for need or failure to comply with any provision of this
license, Licensee shall, by the date of the termination, peaceable and quietly leave,
vacate completely and surrender the premises, removing those improvements and
fixtures placed or made by Licensee. If any improvements or fixtures are not removed
from the premises and the premises are not completely vacated by the termination
date, City may proceed to remove the same, and Licensee shall pay City, upon
demand, the reasonable cost to City of such removal.
15.2. Removal of improvements by Licensee. At Licensee's expense, Licensee
at any time may remove improvements and fixtures placed or made on the premises
by Licensee. Upon such removal and surrender of the premises, City shall cooperate
in providing Licensee with any instruments that Licensee reasonably may require for
the purpose of removing from the public record any encumbrance to Licensee's
property described in Exhibit B attributable to this License pursuant to paragraph 10.
16. WAIVER. Time is of the essence of every provision of this license. Failure of City
to object to the violation of any provision of this license shall not be deemed a waiver
by City of a subsequent similar breach or of City's right to demand strict performance
by Licensee of the provision hereof.
Date: G i
Signed:
Licensee
Signed: '
Licensee
License granted this,--.2--"` day of 1994, for the above named Permittee to
use the premises on th(e terms specified above.
- ;2
rian Almquist, City nistrator
City of Ashland
PAGE 4 of 4-LICENSE (p:reaRsand-airlic)
EXHIBIT A
Page 1 Of 2
A I R S P A C E E A S E M E N T D E S C R I PT I O N
Commencing at a found Railroad Spike marked with a cross
thereon situated in the asphaltic pavement of East Main Street in
the vicinity of Oak Street, said spike bears South 22 degrees 46
minutes 46 seconds West for a distance of 594.84 feet from a 3/4
inch iron pipe situated at the intersection of Oak Street and 'B'
(Spring) Street Westerly, situated in Section 9, Township 39
South, Range 1 East of the Willamette Base and Meridian, Jackson
County, Oregon;
THENCE South 01 degrees 44 minutes 20 seconds East for a
distance of 40.84 feet to the TRUE POINT OF BEGINNING;
THENCE South 56 degrees 39 minutes 50 seconds East for a
distance of 30.37 feet to a point;
THENCE South 33 degrees 20 minutes 10 seconds West for a
distance of 4.00 feet, more or less, to the Southerly right of way
line of East Main Street, by occupation, which is contiguous to
the exterior face of an existing building which does not consider
the brick facing as part of the original building;
THENCE North 56 degrees 39 minutes 50 seconds West along the
common right of way and building face line for a distance of 30.37
feet to a point;
THENCE leaving said common line, North 33 degrees 20 minutes
10 seconds East for a distance of 4.00 feet, more or less, to the
point of beginning.
ALSO, the vertical limitation and area of usage of this Air
Space Easement is define as being between the elevations as shown
below:
Lower Level Elevation= 1914-12
Upper Level Elevation= 1934.12
The vertical datum was established from a reference point set by
the United States Coast and Geodetic Survey, being a USC&GS Brass
Disk in a granite boulder at the entrance to Lithia Park in the
City of Ashland, Oregon and is stamped "ELEV.1894.589 FT. N 6
1920".
ELEVATION USED= 1895.088 per USC&GS adjustment of 1956.
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City of Ashland, Grantor c''~ F+r " ' `_E,~ December 29, 1993
Allen Sandler, Grantee
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EXHIBIT A
Page 2 Of 2
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EXHIBIT B
Real Property Description
Beginning at a point on the southerly side line of Main Street in
the City of Ashland, Jackson County, Oregon, from which the stone
monument at the intersection of the center line of Main Street with
the center line of Oak Street, as laid down and designated upon the
1988 official map thereof, now of record, bears North 30 23' West
45.50 feet distant, said point also being the center line of the
east brick wall of the Camps Building; thence South 210 33' West
103 feet, more or less, to the Northerly side line of alley as
described in Volume 56, page 150 of the Deed Records of Jackson
County, Oregon; thence South 560 19 ' East along the Northerly side
line of said alley, 12 feet; thence North 310 35' East 100 feet to
a point on the Southerly side line of Main Street a distance of
30.55 feet from the beginning point; thence North 560 19' West
along the said Southerly side line of Main Street 30.55 feet to the
point of beginning.
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.94 /0, 00
MEMORANDUM OF LICENSE AFFECTING REAL PROPERTY
DATED:
BETWEEN: City of Ashland ("City")
AND: Allan Sandler and Sally Sandler ("Licensee")
Pursuant to a License dated /4- / 9 9 , Licensee agreed to certain
obligations affecting Licensee' interest in that certain property in Jackson County,
Oregon, more particularly described in the attached Exhibit A. The provisions of the
license and all of its obligations and rights bind any assignee or successor of
Licensee, and any purchaser or transferee of any interest of Licensee's in the property
described in Exhibit A.
Licensee:
,or
Allan Sandler Sally Sandler
State of Oregon
County of Jackson
This i trument was acknowledged before me on ~f 1994,
by VeL;~- and
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EXHIBIT A TO LICENSE
Real Property Description
Beginning at a point on the southerly side line of Main Street in
the City of Ashland, Jackson County, Oregon, from which the stone
monument at the intersection of the center line of Main Street with
the center line of Oak Street, as laid down and designated upon the
1988 official map thereof, now of record, bears North 30 23' West
45.50 feet distant, said point also being the center line of the
east brick wall of the Camps Building; thence South 210 33' West
103 feet, more or less, to the Northerly side line of alley as
described in Volume 56, page 150 of the Deed Records of Jackson
County, Oregon; thence South 560 19 ' East along the Northerly side
line of said alley, 12 feet; thence North 310 35' East 100 feet to
a point on the Southerly side line of Main Street a distance of
30.55 feet from the beginning point; thence North 560 19' West
along the said Southerly side line of Main Street 30.55 feet to the
point of beginning.
7cdcson C ounfy; Oregon
ReccorcW
OFICIAL RECORDS
`3 JUL 0 5 1994 t0
/ KATHLEEN S. BECKETT
CURK and REC®Rw