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Home My WebLink About2017-176 License Agrmt - Mastain - 114 Granite 2017 Improvement Placement License This Improvement Placement License (also referred to herein as "License") is made and entered into this _J,~~h day of July, 2017, by and between the City of Ashland, a municipal corporation of the State of Oregon (the "City"), and Mardi Mastain (hereinafter referred to as "LICENSEE"). 1. SCOPE OF GRANT: LICENSEE will be placing a bungalow (hereinafter referred to as "Improvement") on City owned property not currently controlled by LICENSEE as set forth in Exhibit A (scope of improvements intended for placement). LICENSEE has license to place an Improvement on City-owned property in coordination with improvements on adjacent LICENSEE grounds; and to store and to have access to City- owned property as necessary for placement purposes reasonably related to the temporary storage of said Improvement on LICENSEE'S property. a. This license gives no estate or interest in the City-owned property, is revocable and not assignable. b. This license does not otherwise waive, modify or grant compliance with federal, state, or local laws applicable to the LICENSEE or its business. c. The City retains all rights to use and maintain the City-owned property for those purposes which it holds the property without unreasonably interfering with the license granted to LICENSEE. 2. TERM /EFFECTIVENESS: The term of this License shall commence upon approval and execution by both City and LICENSEE and shall terminate on December 31, 2017, unless terminated early as provided for herein. 3. DURATION /MINIMUM INTERVAL OF USE: The duration and scope of the revocable License granted by this License is for the period necessary to place and maintain Improvement on city-owned property in coordination with improvements on adjacent LICENSEE grounds. 4. USE OF PREMISES AND OBLIGATIONS: a. Compliance with Law. Comply with all federal, state and local laws, rules, and regulations applicable to creating improvements on City-owned property; i. LICENSEE is responsible for obtaining any permit or authorization granted by the City, which shall not in any way be interpreted as a waiver, modification, or grant of any other city, state, county or federal agency permits or authorizations or permission to violate any city, state, county or federal law or regulation. ii. Failure to comply with any provision of this section is grounds for immediately revoking LICENSEE's license. b. Maintenance and Safety. Maintain all the grounds, improvements, facilities, assets equipment and fixtures contained within the City-owned property in good repair and in safe, sanitary, clean, and attractive condition that is approved acceptable by the City, such approval not to be unreasonably withheld. i. FIRE AND LIFE SAFETY. LICENSEE shall comply with any and all fire and life safety guidelines, recommendations and requirements issued by the City of Ashland Fire Marshal, including, but not limited to: ii. Maintain all required fire and emergency access areas; iii. Maintain a clear, unobstructed space around any fire hydrant as required for fire safety. c. 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. 2017 City of Ashland Use License 1 i. 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. 5. INSURANCE: LICENSEE shall, at its sole cost and obligation, procure and maintain insurance subject to the City's reasonable discretion. LICENSEE shall provide the City with copies of said insurance certificates and shall name the City of Ashland as additional insureds. 6. INDEMNITY AND HOLD HARMLESS: As limited by the Oregon Tort Claims Act as it pertains to the City only, each party shall indemnify, hold harmless and defend the other and its representatives, officers, directors and employees from any loss or claim made by third parties including legal fees and costs of defending actions or suits, to the extent that it results from the negligence or misconduct of party or its employees or subcontractors found at fault in performing the work called for in this contract. If the loss or claim is caused by the joint concurrent negligence or other fault of CITY and LICENSEE, the loss or claim shall be borne by each in proportion to the degree of negligence or other fault attributable to each. LICENSEE's and CITY's obligations under this paragraph shall survive the termination of this contract. 7. TERMINATION: Notwithstanding any other provision herein, the City may terminate this license, in whole or in part, at any time for any reason considered by the City, in the exercise of its sole discretion, to reasonably be in the public interest. The City will provide the LICENSEE seven (7) days prior written notice of a termination for public convenience. a. LICENSEE`s remedy to contest termination of the license by City is provided in AMC 2.30, Uniform Administrative Appeals Process. b. Notwithstanding any other provision herein, City may order vacation of the City-owned property or immediately remove the LICENSEE or any other person who may be occupying the City-owned property without resort of a Court Order sanctioning such action. c. Upon failure to vacate, City is expressly authorized to remove all LICENSEE property from the City-owned property at the LICENSEE's expense. 8. SURRENDER: Upon the expiration of the original term or terms, as extended by the parties, LICENSEE shall surrender to the City the City-owned property in as good or better condition and order as was originally received, except as allowed for within the typical wear and tear. 9. DISPUTE RESOLUTION AND ATTORNEY FEES: The preferred method of resolving disputes between the parties under this License shall be first by mediation. Mediation shall be conducted by a mediator chosen by mutual agreement of the parties; if there is no agreement, the mediator shall be appointed by the elected Municipal Court Judge or Judge pro tem. a. Any mutually incurred cost from the provision of these services, except costs associated with building a case including but not limited to attorney fees or fees for expert witnesses, shall be shared equally between the two parties. b. In any administrative appeal or litigation between the parties arising out of this license, the prevailing party shall recover its reasonable attorneys fees incurred at trial and upon appeal. "Attorneys fees" shall include the reasonable value of the services of in-house counsel. 10. MISCELLANEOUS PROVISIONS. a. Notice. Any notice affecting the rights of the parties under this License shall be delivered in writing either in person or to the following parties by first class mail: City: John Karns, Interim City Administrator City of Ashland 20 E. Main Street Ashland, Oregon 97520 (Telephone: 541-552-2100) 2017 City of Ashland Use License 2 LICENSEE: Mardi Mastain 114 Granite Street Ashland, OR 97520 (Telephone: 541-261-3000) b. Governing Law. This License, and all matters relating to this License, shall be governed by the laws of the State of Oregon in force at the time any need for interpretation of this License or any decision or holding concerning this License arises. The parties to this License do not intend to confer on any third party any rights under this License. c. Severability. If any provision of this License is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this License shall remain in full force and effect. d. Merger. THIS LICENSE CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO AND SUPERSEDES ANY AND ALL PRIOR EXPRESS AND/OR IMPLIED STATEMENTS, NEGOTIATIONS AND/OR AGREEMENTS BETWEEN THE PARTIES, EITHER ORAL OR WRITTEN, AND MAY NOT BE AMENDED, CHANGED OR MODIFIED IN ANY WAY, EXCEPT BY WRITTEN AGREEMENT SIGNED BY ALL PARTIES HERETO. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in two (2) duplicate originals, either as individuals, or by their officers, thereunto duly authorized. DATED this _~3_ day of July, 2017 LICENSEE: LICENSOR: Mard~ Mast in John arns Interim City Administrator City of Ashland Date 1 ~-~?l~- Date:__~'1 ~'f~ _._s.L_ Approved as to form: c.i Dave Lohman, City Attorney 2017 City of Ashland Use License 3 Exhibit A i h S i {$^G 1 ' - a _ ~ ~ f ~ ~ _ J3 F~ ~g - 1. ¢ ¢ ~ 5 P,.3 ~ a . ~ ~ ; " " i 'fi ~~"~a ~ ass ~ r ~ ,7 e ; ~ j . G",per ~ ~e~' ~ ,o ~'ry ~i t ~ , ~ ~~':aw`"`-- _ ~ ~r Wis.} ~ ~ _ ~ d t ~ .u< r 3irw ~ - - ~F ~ y ! 4,,yy~, E- ~ i ,ash a!~ . j ~1~~~~ li. t1 lY 1~~ ~ ~ IM~ttPV~" ~ ~1i' . ewe 2017 City of Ashland Use license 4