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HomeMy WebLinkAbout2016-335 Airspace License - Plaza Condo Unit Owners Assoc CITY OF ASHLAND AIRSPACE LICENSE License made this \9\ day of QQ-C, 29W, 2016, between the City of Ashland ("City"), and Plaza Condo Unit Owners Association, Inc., 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. 2. TERM: This license shall begin on DeCg~~ c 2016, and continue unterminated as provided in paragraph 15. 761 Licensee shall pay to City for this license the sum of $655.00. 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 i 4.1.3. Lessor's Rights. 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, judgements, 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 other designated by Licensee to perform work of 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, bodily injury and property damage for obligations assumed under this Contract. The liability under each policy shall be a minimum of $1,000,000 per occurrence/$2,000,000 aggregate. 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. 7. IMPROVEMENTS. Except for the balcony to be constructed and attached to the building at Unit 9, 23 N 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 PAGE 2 of 4 - LICENSE prior written consent of City. All improvements made by Licenses 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 Unit 9, 23 N Main Street, 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 an 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 provisions 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 the license terms, City shall have the right to immediately terminate this license, to re-enter and repossess the premises, and to hold the same as though this license had never been made or issued. In addition, this license may terminate as to all or part of the premises when needed for public purposes, or when the City determines with just cause that it is in the public's PAGE 3 of 4 - LICENSE 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, peaceably 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: 12- , (121 .L© ~ Signed: A a laza ndo Unit Owners Association, Inc., Licensee License granted this day of , 2016, for the above named Permittee to use the premises on the terms specifie above. City of As t d 06 ~agts 1n'~Xiw~ 1t4 PAGE 4 of 4 - LICENSE MEMORANDUM OF LICENSE AFFECTING REAL PROPERTY DATED November 7, 2016 BETWEEN City of Ashland ("City") AND Plaza Condominium Unit Owner's Association Inc. ("Licensee") Pursuant to a License dated ( -Z- - f'7 _ -4 : Licensee agreed to certain obligations affecting Licensee's 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: Allan Frank andler, Chairperson Plaza Condominium Unit Owner's Association Inc. State of Oregon ) OFFICIAL SEAL CAROLYN MARIENE SCHINENDENER NOTARY PUBLIC-OREGON County of Jackson ) ss COMMISSION NO. 476064 MY COMMISSION EXPIRES MARCH 20, 2017 The foregoing instgrument was acknowledged before me on this r 9 day of ex, , 2016, by Allan Frank Sandler, as Chairperson of the Plaza Condominium Association Inc on behalf of said Association. Nota Public for Oregon My commission expires: ~7 EXHIBIT "A" (Land Description Map Tax and Account) Units 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and "the non-withdrawable variable parcel" of Plaza Condominium, in the City of Ashland, Jackson County, Oregon, as set forth on the Plat and Declaration recorded in Volume 32, Page 83, Plat Records; and as set forth in Declaration of Condominium Ownership recorded October 6, 2006 as document No. 2006-050897 in the official records of Jackson County Oregon, together with those limited common elements appurtenant to said units as set forth in said declaration, and together with an undivided fractional ownership of the general common elements of said condominium as set forth in said declaration and in any subsequent amendments thereto as appurtenant to said unit. Map No.: 391E09BB 70000 - 70010 Tax Account No.: Ur p i ~ z .S *r0 Q b 1D j, O O 5 V 0 S N N $ 8 0 r O [+f 0 O a 0 0 c a 0 0 e a CD V i ) at3 h. ~~rrr// 'r L Q! V! Y vrr qJ, y, U m n 8 8 m r• f s• 4 4 a. C ~ o ! 3 N Y. N to E v sy 0 as o x f 8 J 8 L) in ull ~ o r z Q EXHIBIT "B" (Land Description Map Tax and Account) Units 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and "the non-withdrawable variable parcel" of Plaza Condominium, in the City of Ashland, Jackson County, Oregon, as set forth on the Plat and Declaration recorded in Volume 32, Page 83, Plat Records; and as set forth in Declaration of Condominium Ownership recorded October 6, 2006 as document No. 2006-050897 in the official records of Jackson County Oregon, together with those limited common elements appurtenant to said units as set forth in said declaration, and together with an undivided fractional ownership of the general common elements of said condominium as set forth in said declaration and in any subsequent amendments thereto as appurtenant to said unit. Map No.: 391E09BB 70000 - 70010 Tax Account No.: uo ~z 1S *kb g ° u ~ u 8 0 r , r- - .8Q. a Q ^ O O C O O ~ O ti O O C U c U to 8 g ~~``t r+ry , r Q C O ds N ~4 ~ J J C 41 o {L x ® a ~ O z j L ANO O UFZVEYIw0, LLC EXHIBIT "A" LEGAL DESCRIPTION - AIRSPACE ENCROACHMENT EASEMENT ASHLAND HOLDINGS, LP - 23 MAIN STREET, ASHLAND, OREGON ASSESSOR'S MAP NO. 39 lE 09 BB, Tax Lot 70010 A 7.75 foot wide strip of land for an Airspace Encroachment Easement for an exterior balcony, above and within the public right-of-way of North Main Street in Ashland, Oregon, lying situate within the Northwest Quarter of Section 9, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, more particularly described and bounded as follows, to wit; Commencing at the northeast corner of Parcel 1, Partition Plat No. P-12-2016, as recorded in the Plat Records of Jackson County, Oregon, and filed as Survey No. 21960 in the office of the Jackson County Surveyor; thence South 03 °29'02" East, along the westerly line of North Main Street, a distance of 6.50 feet to the Point of Beginning; thence continuing South 03°29'02" East along said westerly line, a distance of 34.50 feet; thence North 86°30'58" East, leaving said westerly line, a distance of 7.75 feet; thence North 03°29'02" West, parallel with and adjacent to said westerly line, a distance of 34.50 feet; thence South 86°30'58" West, 7.75 feet to the Point of Beginning. The Basis of Bearing for this description is Survey No. 21960, filed in office of Jackson County Surveyor. Prepared by: P o' F . S '3 $ A L Shawn Kampmann lot A o% Professional Land Surveyor 7" Z' Polaris Land Surveying LLC ~P.O. Box 459 Ashland, Oregon 97520 RENEWAL DATE: 6/30/17 Date: October 12, 2016 s:Asurveys\784-13\Sandier Airspace Encroachment Easement Legal.docx r' 0, box 459, A5hland, Oregon 97520 Fhor,e: (541) 482-5009 Fax: (541) 4 0 Mobile: (541) C2 01-3000 www.Po jriE7,SUrvr, ~,orn nr ~__tiv_ L.ANO 0URVEYINO, L.LC EXHIBIT "A" LEGAL DESCRIPTION - STRUCTURAL ENCROACHMENT EASEMENT ASHLAND HOLDINGS, LP - 23 MAIN STREET, ASHLAND, OREGON ASSESSOR'S MAP NO. 39 lE 09 BB, Tax Lot 70010 A 3.00 foot wide strip of land for an Encroachment Easement for building structural support columns, within the public right-of-way of North Main Street in Ashland, Oregon, lying situate within the Northwest Quarter of Section 9, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, more particularly described and bounded as follows, to wit; Beginning at the northeast corner of Parcel 1, Partition Plat No. P-12-2016, as recorded in the Plat Records of Jackson County, Oregon, and filed as Survey No. 21960 in the office of the Jackson County Surveyor; thence South 03"29'02" East, along the westerly line of North Main Street, a distance of 46.84 feet; thence North 86°30'58" East, leaving said westerly line, a distance of 3.00 feet; thence North 03°29'02" West parallel with and adjacent to said westerly line, a distance of 46.84 feet; thence South 86°30'58" West, 3.00 feet to the Point of Beginning. The Basis of Bearing for this description is Survey No. 21960, filed in office of Jackson County Surveyor. E L) Prepared by:. aL 77 ~ C° R Shawn Kampmann Professional Land Surveyor F Polaris Land Surveying LLC P.O. Box 459 Ashland, Oregon 97520 RENEWAL DATE: 6/30/17 Date: October 12, 2016 s:\surveys\784-13\Sand1er Encroachment Easement Legal.docx F 0. z3ox 459, Ashland. Oregon 97520 Phone. (541) 462 5009 Fax: (541) 4 6 5 0 7 9 7 Mobile: (541) 601-3000 www.polariyr-, arvey c orn= I R R R R I t n on ~ I ~ i I I _ S I ~ A _ _ I - II 7c - r [SA L -F4 7 7! T_ L I M _ I I I I! I I I j ~ 1 1 zr I I I I I I i I I I I _ I -`y I I - I > I - o _ I I I IIII _ ~ _ ~ I 4 - r- ~ I 1 1 1 1 p l I I I 11 Z - IL N ~ I J d w N - Tih Z_ 1rnt1 D n = rn ~ r, D ,T rn _ ~msZ~(D T> n y p D C U. C v~~NA7 76 v rn c 7oOx D,-D 7 >nZ { 7000 c7 7 _00 fr ~ z>> n Z ~ Z N THIS DOCUMENT THE IDEAS AND THE DESIGNS INCORPORATED HEREIN. ISAN INSTRUMENT OF PROFESSIONAL SERVICEAND PROPERTY OF OREGON ARCHITECTURE INC AI;D'S NOT TO BE USED III AHOLF IQ iU PAR- FOR AHY OTHER PROJECT WITHOUT THE WRITTEN AUTHORIZATION OF OREGON ARCHITECTURE INC COPYRIGHT 2016. s m y a OREGON `9 ~1~• ~ p~ Ashland Holdings LP/ ARCHITECTURE y= Plaza Condominium Unit Owners Association Inc r 23 Main Street Ashland, OR 97520 rz, w.n 10en Street of MW/wtl Onpon 07607601 V < ff PH. 541 772.1372 OREGONARCMITECTURE.812 ' + o I I I I I I I H m i o ry IL j'+ z Via, l r C l ~ 1 m IL m 4 I I } +tI I - - - - o r r I_ I, ~ I _ I ? I ~ ~ -;ati - I I m I O I ILA 1 oN - °1 67 THIS DOCUMENT. THE IDEAS AND THE DESIGNS IIJ CORPORATED HEREIN ISAN INSTRUMENT OF PROFESSIONAL SERVICE AND PROPERTY OF OREGON ARCHITECTURE INC. AND IS NOT TO BE USED IN WHOLE OR IN PART FOR ANY OTHER PROJECT, WITHOUT THE WRITTEN AUTHORIZATION OF OREGON ARCHITECTURE INC COPYRIGHT 7016 o > Y ti z m p a r= ~ v ~ OREGON >A m N Ashland Holdings LP/ 7TARCHITECTURK: C - -N T Plaza Condominium Unit Owners Association Inc yQ 7 221 W&W 10th 8tfoN X 23 Main Street Ashland OR 97520 (`D 011 772-4772 1 OREOONARCMITECTURE.BIZ ~Z