HomeMy WebLinkAbout1999-072 Parking Agrmt - Elks City of Ashland
Use Agreement for City Parking Lot
Use Agreement made this/,-7A' day of ~ , 1999, between the City of Ashland,
Oregon ("City") and the Benevolent Protective Order of the Elks, Ashland Lodge #944
("Elks").
City and Elks agree:
1. Use of Property. Elks shall permit City to use the following described property
(further referred to in this use agreement as "the property"):
That portion of 39 1E 09BD Taxlot 3900 in the City of Ashland, Jackson
County, Oregon described as follows: Beginning at the intersection of
Lithia Way and 2nd Street, then approximately 160 feet westerly along
Lithia Way to a point, then southerly approximately 80 feet to a point, then
easterly approximately 160 feet to 2nd Street, and then northerly along 2nd
Street approximately 80 feet to the point of beginning, all as depicted on
the attached map marked Exhibit A.
2. Term for Use. The term of this use agreement is for 20 years beginning July 1,
1999, and ending June 30, 2019 at the annual rental rate of $1.00 per year to be paid in
advance at the beginning of the term. City shall also landscape the Elks' parking lot
adjacent to the property according to a design and specifications mutually agreed to by
the parties. Permission by the Elks to use the property by the City for this purpose may
not be revoked by the Elks prior to the end of the stated term, it being the intent of the
parties that this permit is non-revokable.
3. Condition of Property. City agrees to accept use the property in its "as is" condition.
4. Use of Property. The property shall be used by City for the primary use of
development and management of a parking lot for the general public and for such other
public uses not inconsistent with the primary use.
5. Development and Construction. Development and construction of this parking lot
and the landscaping of the Elks' parking lot shall be paid for by City and conform in all
respects to all applicable City of Ashland codes pertaining to landscaping and parking
lot requirements. Construction of the parking lot and the Elks' parking lot landscaping is
to be completed within one year from the date of this Agreement begins. In the event
that City does not use the property for the intended use or fails to develop the property
within the time allowed, the Elks has the right to terminate this use agreement in
accordance with paragraph 12. All payments made in conjunction with this agreement,
development and construction shall be deemed nonrefundable.
6. Improvements to Property. City shall not make or permit to be made any
alterations, additions, improvements or changes in the property inconsistent with its use
as a parking lot without in each case first obtaining the written consent of the Elks. All
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permanent improvements made to the property shall immediately become the property
of the Elks and shall remain the property of the Elks upon expiration or termination of
this agreement.
7. Hold Over. In the event City shall hold over the property after expiration of this
agreement, or any extension or renewal thereof, with the consent expressed or implied
of the Elks, such holding is to be considered to be a tenancy at will from month to
month only.
8. Utilities. City agrees to pay all costs for utilities, including but not limited to electricity,
water, sewage, garbage and trash collection, if any, associated with use of the property.
9. Maintenance of Property. City will, at its own expense, keep and maintain the
property in good condition.
10. Assignment or Sublet. City shall not assign this agreement or sublet any part of
the property without prior written consent of the Elks.
11. Indemnification. To the extent permitted by the Oregon Constitution and the City's
charter, the City shall, within the limits of the Oregon Tort Claims Act, indemnify Elks
against any liability for damage to life or property arising from the use of the property as
a public parking lot. The City shall not be required to indemnify Elks, however, for any
such liability arising out of the wrongful acts of the Elks or the employees or agents of
the Elks.
12. Termination for Cause. Elks may terminate this agreement for any material breach
in the performance of any of the terms, covenants or conditions of this agreement and
the failure of the City to remedy, or to undertake to remedy, the breach to the Elks'
reasonable satisfaction for a period of 30 days after receipt of notice from Elks. If the
breach is of such a nature that it cannot be completely remedied within the 30-day
period, this provision shall be complied with if City begins correction of the breach within
the 30-day period and thereafter proceeds with reasonable diligence and in good faith
to effect the remedy as soon as practicable.
13. Right of Entry. At all times during normal business hours, free access to the
property will be given to representatives of the Elks for purposes of inspecting the
property.
14. Return of the Premises Upon Expiration of Term. At the end of the term, the City
shall deliver possession of the property to the Elks in as good condition as when first
improved, ordinary wear, decay and damage by the elements excepted.
15. Notice. All notices, requests, demands or other communications under this
agreement shall be in writing, and shall be deemed to have been duly given if delivered
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in person, or within seven days after deposit in the United States Mail, postage prepaid,
certified with return receipt requested or otherwise actually delivered:
to the Elks at: BPOE, Ashland Lodge #944, P.O. Box 569, Ashland, OR 97520
or to City at: City Administrator, 20 East Main Street, Ashland, OR 97520.
16. Agreement. This agreement constitutes the entire agreement between the Elks and
the City. No change shall be valid, unless made by supplemental written agreement,
executed and approved by the principal parties. Elks shall execute and acknowledge a
memorandum of this agreement in a form suitable for recording, and City may record
the memorandum.
Elks:
Title:
By: ~
Title:
City:
, City Recorder
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MEMORANDUM OF USE AGREEMENT
DATED:
BETWEEN:
AND:
Benevolent Protective Order of the Elks, Ashland Lodge #944 ("Elks")
City of Ashland, Oregon ("City")
Pursuant to a Use Agreement dated , Elks permit City,
for a term of 20 years, to use real property in Jackson County, Oregon, described as
follows:
That portion of 39 1 E 09BD Taxlot 3900 in the City of Ashland, Jackson
County, Oregon described as follows: Beginning at the intersection of
Lithia Way and 2nd Street, then approximately 160 feet westerly along
Lithia Way to a point, then southerly approximately 80 feet to a point, then
easterly approximately 160 feet to 2nd Street, and then northerly along 2nd
Street approximately 80 feet to the point of beginning, all as depicted on
the attached map marked Exhibit A.
Until a change is requested, all tax statements shall be sent to the following address:
City of Ashland, 20 East Main Street, Ashland, OR 97520
Elks:
City:
State of Oregon
County of Jackson
This instrument was knowledged before me on JL,LLA~L-~' ~ ~ ,1999,
and ~{2~L~C ~O. ~'~t,C-f .~ as ~Y~5~ E~,a~¢~
of the Be ~~~~~~~Elks, Ashland Lodge ~944.
~~'~-~ My Commission expires: I II~/~OO
State of Oregon
County of Jackson
This instrument was acknowledged before me on
by as
of the City of Ashland, Oregon.
1999,
Notary Public for Oregon
My Commission expires:
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