HomeMy WebLinkAbout2026-094 AGRMT Calle Guanajuato Restaurant Commercial Use Agreement - Louie's Calle Guanajuato Restaurant Commercial Use License Agreement
This RESTAURANT COMMERCIAL USE LICENSE (also referred to herein as"License") is made and
entered into this—�3_day of r-% _2026, by and between the City of Ashland,a municipal
corporation of the State of Oregon, y and through the Ashland Parrs and Recreation Commission
("Parks"), (hereinafter collectively referred to as"City"), and
(hereinafter referred to as" Licensee"),
1.. SCOPE OF LICENSE; Licensee is licensed to operate and maintain an outdoor dining site in the
location depicted in Exhibit A(hereinafter"Site").
a. This License conveys no estate or interest in the Site, is revocable and not assignable.
b. This License does not otherwise waive, modify or grant or affirm compliance with
federal,state,or local laws applicable to Licensee or its business.
c. Without unreasonably interfering with the license granted to Licensee, City retains all
rights to use and maintain the Site for any of the purposes for which it holds the
property licensed.
2. COMMENCEMENT: The term of this License shah commence upon approval and execution by
both City and Licensee, unless terminated early as provided for herein.
1 DURATION INTERVAL OF USE: The duration and scope of this revocable License is for one
season, beginning on the Commencement date and ending on r _ , 2026,and in
accordance with the use limitations in Section 5.
4. PAYMENT OF LICENSE FEES. Licensee shall pay a license fee based upon the square footage of
the Site. The square footage awarded shall be determined each year by written order of Parks
and shall be set forth precisely in Exhibit A&B.
a. For the seasonal period of 3 to . 0 11 the fee shall be$ PO per
square foot for 7 days a week and$ per square foot for 5 days per week for
2026.
b. Any payments for fees, taxes or assessments required or in arrears or disputed must be
made by Licensee before it will be issued a new license.
5, USE OF PREMISES AND OPERATION LIMITS:
a. Compliance with Law. Licensee must comply with all federal,state and local laws, rules,
and regulations applicable to public health and safety and licensing related to food and
food handling and doing business in the State and City of Ashland;
b. Maintenance and Safety. Licensee must maintain all the grounds, improvements,
facilities, assets equipment and fixtures contained within the Site 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.
c. Improvements and Placement of Restaurant Equipment. Unless otherwise set forth
herein, Licensee may make physical improvements or alterations to the site location or
install structures or fixtures thereon only after express written authorization of the
Parks and Recreation Director,such approval not to be unreasonably withheld,
I. Licensee may place tables and chairs, serving tables or host podium stand or
other (restaurant equipment) items reasonably related to outdoor dining in the
Site.
1L Restaurant equipment must be of sturdy and durable construction, movable by
one person,and shall be self-supporting, and at no time attached,tied or locked
to trees,fire hydrants, poles,fences or other fixed features.
III. Licensee must not allow its equipment or other materials or restaurant
Calle Guanajuato Restaurant Outdoor Dining License 1
employees to block or in any way impede pedestrian access or fire and
emergency vehicle access to the Calle Guanajuato.
d, Licensee is permitted to prepare, operate, and shall terrni,n to use of the Site for
outdoor dining operation between the period beginning f", 2026 and
ending.__if '' , 202,11
p with the following hourly schedules as set forth below.
e, No restaurant equipment supplies or materials and no Licensee employees shall block,
impede or in any way hamper vehicular traffic on Calle Guanajuato during the following
hours except in compliance with a permit issued pursuant to Ashland Municipal Code
10.68.400
Monday through Friday Saturday and Sunday
Prior to 11:30 a.m. Prior to 8:00 a.m.
&after 10:00 pan, &after 10:00 p.m.
f, Licensee must promptly remove any offensive, hazardous or dangerous restaurant
equipment,furniture, or solid waste within the Site,
g. Pilot Project:For 2026, some restaurants will be allowed to expand per the boundary
map(Exhibit E)
6. 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:
a. Maintain all required fire and emergency access areas;
b, Ensure that permitted restaurant equipment does not encroach upon or obstruct public
walkways or open space areas while maintaining, a clear- eight (8) foot pathway for
emergency vehicles as approved by the City of Ashland Fire Marshal;
c, Maintain a clear,unobstructed space around any fire hydrant as required for fire safety;
d. Have available and maintain such fire extinguishers as determined by the Fire Marshal;
e, Patrons and restaurant staff must strictly abide by the Park prohibition on smoking, and
Licensee must so advise its patrons and restaurant staff, and
f, Unless otherwise explicitly granted by the City, Licensee shall not use any bottled gas,
electrical devices,or hazardous materials or hazardous substances without prior
approval by the Parks and Recreation Director, [For purposes of this License"Hazardous
Substance"or"Hazardous Material" means any hazardous,toxic, infectious,or
radioactive substance,waste, or material as defined or listed by any local,state or
federal environmental law,]
7; VEHICULAR ACCESS. Unless otherwise provided herein, Licensee must strictly comply with
limitations in AMC 10.68.400 on vehicular access to the Calle Guanajuato,
a, Parks,at its sole discretion, may issue revocable access permits to Licensee for limited
purposes and for limited times to facilitate set up,take down, and removal of restaurant
equipment and other materials allowable under this License.
K Vehicles must exclusively ingress and egress from Winburn Way,and must not enter or
exit from the plaza end of Calle Guanajuato
c, At no time may the Licensee interfere with the eight(8)foot path required for
emergency vehicles,
d. The Licensee must ensure that appropriate pedestrian safety precautions are
maintained while vehicles using the access permits are in the vicinity,
e. Licensee must procure and maintain insurance in accordance with the requirements of
Exhibit C in full force and effect throughout the term of this License.
Calle Guanajuato Restaurant Outdoor Dining License 2
8. SERVICE OF ALCOHOL., Notwithstanding AMC 10.40.030 prohibiting public consumption of
alcoholic beverages,during the term of this license Restaurant is authorized serve alcoholic
beverages on the Site under the following conditions:
a. Maintain in force a comprehensive liability insurance policy including an endorsement
for liquor liability at it's own expense and at all tirnes during the duration of the License;
(Initial from Licensee)
b, t
ve alcoholic beverages only in conjunction with prepared meals,
9, INSURANCE: Licensee shall, at its sole cost and obligation, procure and maintain insurance in
accordance with the requirements of Exhibit C in full force and effect throughout the term of
this License. Licensee shall provide the City with copies of said insurance certificates and shall
name the City of Ashland as an additional insured,
10, INDEMNITY AND HOLD HARMLESS: Licensee will defend, indemnify and hold City and/or
Ashland Parks and Recreation Commission,their 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 this License or
the activities that take place on licensed property, Licensee waives the right of subrogation
regarding the insurance policy as described in the insurance Section in this License. Licensee will
not be held responsible for damages caused by negligence of City.
a, The obligation to indemnify is expressly understood to survive termination of this
License for any reason, and Includes reasonable attorneys'fees, including attorneys'
fees on appeal,and investigation costs and all other reasonable costs, expenses and
liabilities incurred by City or its attorney from the first notice that any claim or demand
is to be made or may be made,
11. 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 Licensee seven
(7) days prior written notice of a termination for public convenience.
a, Licensee's recourse 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 Site or,
immediately remove the Licensee or any other person who may be occupying the Site
area with or without a Court Order sanctioning such action.
c, Upon failure to vacate,City is expressly authorized to remove all Licensee's property
from the Site at the Licensee's expense.
1. City will reasonably safeguard and maintain the property of the Licensee for at
least 30 days and shall leave it reasonably available for Licensee to take
possession.City may dispose of any property that remains unclaimed after 30
days, City may use reasonable discretion to immediately dispose of nondurable
or solid waste,including but not limited to food and other putrescible waste,
12, SURRENDER: Upon the expiration of the original term or terms, as extended by the parties,
Licensee shall surrender to the City the Site in as good or better condition and order as it was
originally received,except for reasonable and typical wear and tear.
13. DISPUTE RESOLUTION AND ATTORNEY PEES: 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 an elected Jackson County Municipal Court Judge or Judge pro
tem,
Calle Guanajuato Restaurant Outdoor Dining License 3
a. Except for costs associated with building a case,for attorneys'fees, and for expert
witnesses, any mutually incurred cost of mediation services 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.
14. 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 mails
City: Rachel Dials,Deputy Parks Director
Ashland Parks and Recreation Commission
340 South Pioneer Street
Ashland,Oregon 97520
(`telephone 541-488-5340; FAX 541-488-5314)
Copy to: Sabrina Cotta,City Manager
City of Ashland
20 East Main Street
Ashland, Oregon 97520
(Telephone: 541-552-2100; Fax:541-488-5311)
Licensee Business Name: (. DVIL�, 'i � �z� 1 L
Attn:
Address:
Phone Number: C,c L.0
Calle Guanajuato Restaurant Outdoor Dining License 4
b. Governing Law, This License, and all inatters 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 either 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.
DATED this day of Wri ( 2026
Licensee: Licensor/City of Ashland,Oregon:
P rks nd Re ati
Licens Name Rachel Dials, Deputy Parks Director
Ashland Parlcs and Recreation
Date. W 21- bate:
Sabrina Cotta, City Manager
Approved as to form:
3A26 _
Carmel . -an,Assistant City Attorney
Cade Guanajuato Restaurant:Outdoor Dining License 5