HomeMy WebLinkAbout1999-108 Permit - Schneider MuseumSPECIAL POLE CONTACT PERMIT
FOR
SCHNEIDER MUSEUM OF ART
Agreement made this I '7 day of June, 1997, between the City of Ashland
(City) and the Schneider Museum of Art (Licensee).
City and Licensee agree that Licensee may use City's street light poles located at:
The center island of Siskiyou Boulevard at the locations shown on the enclosed
drawing. Use of the poles by Licensee is subject to the following terms:
1. Scope. Licensee's use of such poles shall be confined to supporting Licensee's
banners and all accessories necessary for support and attachment of the banners
to the poles. The banners and accessories shall all be referred to in this
agreement as "equipment."
2. Application. Whenever Licensee shall desire to place additional equipment
upon any of such poles, Licensee shall make written application for permission to
do so. Licensee shall not have the right to place, nor shall it place, any additional
equipment upon any pole used by it without first making application for and
receiving permission to do so, nor shall Licensee change the position of any
equipment attached to any pole without City's prior written approval.
3. Standards. Licensee shall, at its own risk and expense, place and maintain
equipment upon the poles:
3.1. in a safe condition and in thorough repair,
3.2. in a manner satisfactory to City and so as not to conflict or interfere
with the working use of such poles b;, City or by others using such poles, or with
the working use of facilities of City or others upon or from time to time placed upon
such poles, and
3.3. in conformity with such requirements and specifications as City shall
from time to time prescribe, and with all laws and regulations.
4. Rights of City. City reserves to itself the right to maintain such poles and to
operate its facilities thereon in such manner as will best enable it to fulfill its own
service requirements, and City shall not be liable to Licensee for any interference
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with the operation of Licensee's equipment arising in any manner from the use of
such poles by City.
5. Licensee fee. For the privilege of placing and maintaining such equipment upon
poles, Licensee shall not be required to pay to City any amount.
6. Nature of Licensee interest. No use, however extended, of any of such poles
under this agreement shall create or vest in Licensee any ownership or property
rights in the poles. Licensee's rights shall be and remain a mere license, which as
to any particular pole or poles may be terminated at any time by City upon 30
days' written notice to Licensee, and Licensee shall remove its equipment from
such pole or poles within such 30-day period. Nothing in this agreement shall be
construed to compel City to maintain any particular pole or poles for a period
longer than demanded by its own service requirements.
7. Damage to City facilities. Licensee shall exercise special precautions to avoid
Licensee's causing damage to the facilities of City; and Licensee shall assume all
responsibility for any and all loss from such damage. Licensee shall make an
immediate report to City of the occurrence of any such damage and shall, on
demand, reimburse City for the entire expense incurred in making repairs.
8. Mutual Indemnification. City of Ashland and Southern Oregon University,
Schneider Museum of Art, each shall be responsible, to the extent required by the
Oregon Tort Claims Act (ORS 30.260-30.300), only for the acts, omissions or
negligence of its own officers, employees or agents.
9. Default and Remedies. If Licensee shall default in any of its obligations under
this agreement and such default shall continue for 30 days after written notice,
City may, by a written notice to Licensee, terminate this agreement or terminate
any or all permits granted under this agreement, and Licensee shall remove its
equipment from the poles to which this termination applies within 30 days from this
notification.
9.1. If Licensee shall default in the removal of its equipment from any pole
within the time allowed for such removal, or shall default in the performance of any
other work which it is obligated to perform under this agreement, City may elect to
do such work at Licensee's sole risk and expense, and Licensee, on demand, will
reimburse City for the entire expense incurred.
10. Waiver. The failure of City to enforce any provisions of this agreement shall
not be construed as a general waiver or relinquishment on its part of any such
provision but the same shall nevertheless be and remain in full force and effect.
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11. Assignment. Licensee shall not assign, transfer, or sublet any privilege
granted to it hereunder without the prior consent in writing of City, but otherwise
this agreement shall inure to the benefit of and be binding upon the successors
and assigns of the parties.
LICENSEE
CITY OF ASHLAND
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