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HomeMy WebLinkAbout1999-095 Permit - Mt Park DevelPERMIT TO USE PARKING LOT FOR PUBLIC PARKING This license agreement is made and entered into on,.._-.~,,~.\ ~'~i i~'i~'~%, between the Mountain Park Development, L.L.C., ("Mountain Park"), and the City of Ashland, Oregon, ("Licensee"). Mountain Park and Licensee agree: 1. Subject to the terms and conditions of this agreement, Mountain Park grants to Licensee the right to use the Mark Antony Hotel parking lot consisting of approximately 55 parking spaces located at Hargadine and First Streets, Ashland, Oregon for the purpose of providing vehicle parking for the public. 2. Licensee will be entitled to use the property for this purpose whenever the property is not otherwise being used as provided in paragraph 4 of this agreement. 3. Licenseo shall use the property in a careful and proper manner and shall comply with all laws, ordinances, and regulations relating to the possession or use of the property. Licensee agrees that it will make no alterations to the property without obtaining prior written permission from Mountain Park except that Licensee may erect signs on the property indicating public parking is available, the length of time vehicles may park and the hours such parking is available. 4. Mountain Park reserves the right to use certain spaces for construction purposes, private parking or to use the property for a commercial parking lot after 6:00 p.m. In any case, Mountain Park will provide adequate notice and direction on signs as to the use of the lot or parking spaces for such purposes. The signs shall be readily visible so that the public has sufficient notice that certain spaces are not available to the public or that free public parking is not available after 6:00 p.m. 5. The Licensee acknowledges that this license is accepted and executed on the basis of Licensee's own examination and personal knowledge of the condition of the property; that no representation, warranty or covenant, expressed or implied as to the condition, repair or quality of the property has been made by Mountain Park. 6. Licensee agrees to indemnify and save Mountain Park, its officers and employees harmless from any and a!l 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 Licensee's or the public's use of the property. Licensee shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of Mountain Park or for any private or commercial use made of the property by Mountain Park. 7. The permit dated August 3, 1998, is terminated. Licensee, C'ty of Ashland rator Mountain Park BY~~'~,,~~'~~ Page 1 - PARKING LOT AGREEMENT (F:\USER\PAUL~AGREE\mark antony parking lic.-mod.3-99.wpd)