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Home My WebLink About2026-098 AGRMT Calle Guanajuato Restaurant Commercial Use Agreement - Bar Juillet Calle Guanajuato Restaurant Commercial Use License Agreement This RESTAURANT COMMERCIAL USE LICENSE (also referred to herein as"License") is made and entered into this_] L day of t 1 .2026, by and between the City of Ashland,a municipal corporation of the State of Oregon, by and through the Ashland Parks and Recreation Commission ("Parks"), (hereinafter collectively referred to as"City"),and_�� J-WSJ f (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 shall commence upon approval and execution by both City and Licensee,unless terminated early as provided for herein. 3. DURATION INTERVAL OF USE: The duration and scope of this revocable License is for one season, beginning on the Commencement date and ending on NOJ g ,2026,and in accordance with the use limitations in Section S. 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 3110 Zt0 to "( to the fee shall be$ 10.30p per square foot for 7 days a week and$ PIA 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. ii. 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 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 times during the duration of the License; C R (Initial from Licensee) b. Serve 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. I. 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 non-durable 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 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 an elected Jackson County Municipal Court Judge or Judge pro tem. Calle Guanajuato Restaurant Outdoor Dining License 3 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 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 16 day of April 12026 Licensee: Licensor/City of Ashland,Oregon: Juillet Restaurant Group Parks an ecr ta&� Licensee Name Rachel Dials, Deputy Parks Director Bar Juillet Ashland Parks and Recreation U Date: 4/16/2026 _ Date: _l Z v 7 at ( W Sabrina Cotta,City Manager Approved as to form: (�1�in cllcll— 3.3.26 Carmel hfiran, Assistant City Attorney Calle Guanajuato Restaurant Outdoor Dining License 5 Exhibit B- Proposal Documents Ashland Parks&Recreation Commission REQUEST FOR COMM /-SS SE SPACE ON CALLS GUANA NAME OF APPLICANT NE MESSAGE PHONE EMAIL AD NAME OF AUTHORIZED REPRESEN ATIVE WHAT IS TIIE BEST WAY TO CONTAC YOU?*(Circl one)email/phone MAILING ADDRESS CPTY STATE ZIP CODE: PLEASE ATTACH A SIMPLE SITE PLANS OWING HOW RESTAURANT EQUIPMENT AND/OR CONCESSION ST ND WILL BE LOCATED WITHIN THE BOUNDARY OF THE SITE LOCATION ARE YOU REQUESTING ANEW SP CE THAT IS OT CURRENLY A SEATING AREA? (Cire One) YES NO WILL ALCOHOLIC BEVERAGES E SERVED?(Circl Ona)YES NO IS THIS A SHARED SPACE A LICATION?(Circle One)YES NO IF YES,WITH WHOM? This section to be lilted out by APRC Staff Total Square Footage x$ = ate Paid _ The following items must b obtained before permit can beissued: • Copy of current Business License • Copy of OLCC License for outdoor seating • Copy of Insurance Certificate naming City of Ashland as an additional insured • Two copies of the signed Commercial Use Contract Calle Guanajuato Restaurant Outdoor Dining License 7 Exhibit B Proposal Docttmmits Ashland Parks&Recreation Commission REQUEST FOR COMMERCIAL USE SPACE ON CALLS GUANAJUATO NAME OF APPLICANT Bar Juillet wIc PHONE 541-625-6536 MESSAGE PHONE 541-625-6536 EX4/\11.ADDRESS hello@barjui(let.com NAME OF AUTHORI7_EDREPRESENTATIVE Corrie Robinson WHAT IS THE.REST WAY TO CONTACT YOU?*(Circle one)email/phone MAILING ADDRESS 47 N. Main St CITYAshland STATE OR ZIP CODE: 97520 Follow these steps: I. PLEASE ATTACH A SIMPLE SITE PLAN SHOWING HOW RESTAURANT EQUIPMENT AND/OIt CONCESSION STANDS WILL BE LOCATED WITHIN THE BOUNDARY OF THE SITE LOCATION. 2. PLEASE CIRCLE ON BOUNDARY MAP WHICH AREA IS REQUESTED a. WILL.ALCOHOLIC BEVERAGES BE SERVED?(Circle One)Y1;Sfl NOD b. IS THIS A SIIARED SPACE APPLICATION?(Circle Ong)YES NO is IF YES,WITH WHOM? This section to be filled out by APRC Staff Total Square Footage x$ 0•3� � Date Paid_ x The following items must be obtained before permit can be issued: � 5 Ste-S rNU-a!i•��ILC� . • Copy of OLCC License for outdoor seating 1A W 1 Q f • Copy of insurance Certificate naming City of Ashland as additional insureds P&Vh-JLA<,L1 o Exhibit A-License Area ,A. simp#P site plan must tic submitted with the application. r r f 5 X `� ��- w ¢ --- U U a J ::D 4-- (f) ° O Ln - O ry N (1) z U > M w w LLJ z N • o Q o z O � N z ' Q N w a� ry Ln ` > Z Q I — Q o� - _ I- I- U • U V) (� w o x w LL) LL) w >- D� —i z O y --ia N M -J �V a 1-- _ Q Q a� Lf) U _ wry z - —i LO z J Lu U O Q O r- cn O o — N � N F— w 4 w Lw z F-- z w aO Q LLJ z > _J U Q :�i w z w Q w U LL • Q (/) w cn J z w w C_ I— O w Q G Q O 4— cn Q w U Q O z w LLLOB ` O o � N . M r i M rhrL • w * V) ❑' .. 0 z 1 ' w s U J