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HomeMy WebLinkAbout2011-294 Easement Exh C - Ashland Christian Fellowship EXHIBIT C ASHLAND CHRISTIAN FELLOWSHIP TRAIL AGREEMENT FOR MAINTAINING EASEMENT THIS AGREEMENT is entered into between the CITY OF ASHLAND, OREGON, by and through the City Council, hereinafter referred to as City, and Ashland Christian Fellowship Church, hereinafter referred to as Grantor. RECITALS A. Grantor owns and operates property located at 50 West Hersey Street, Ashland, Oregon. (the "Property"). B. City desires an easement across the Property for stated purpose of providing additional trail to the City's public trail system. (the Easement). C. The Parties are aware of the protections from liability provided by ORS 105.655 for use of the Easement for public purposes and wish to interpret this Agreement in a manner that favor such protections for the Grantor. D. City agrees to provide or perform the following acts and transactions outside of the rights provided under the Easement and under the circumstances set forth in this Agreement. In consideration of the matters described above, and of the mutual benefits and obligations set forth in this Agreement, the parties agree as follows: 1. Recitals Incorporated. The recitals are hereby incorporated into this Agreement by this reference. 2. Additional Conditions. Additional conditions specifically concerning this Agreement shall be in effect if numbered and listed in the space provided below under "Special Conditions". Each such condition will be initialed by the Grantor and the City representative. 3. Description of Leased Property. Granto agrees to the Easement as recorded in Jackson County Records # A0/J X035/6 4. Term. The term of this Agreement shall continue for so long as the stated purpose of the Easement continues to exist or the Easement is terminated by mutual written agreement, whichever occurs first. 5. Costs. The cost of maintaining the Easement in repair shall be borne by the City, pursuant to the terms of this Agreement or the Easement. This Agreement shall be recorded in the real property records of Jackson County. 5.1. Both Parties are responsible for damage to the Easement to the extent of their own negligence or abnormal use, and each shall repair the damage at their sole expense. 6. Construction. City shall have the right to construct improvements such as trail surfacing, landscape features or plantings in conformance with all approved plans and permits. City shall have the right to erect, maintain, and alter such improvements upon the Easement provided such improvements conform to the applicable requirements of all federal, state, and local laws. All plans for such structures or improvements shall be reviewed and approved in writing by the Grantor prior to construction. Page 1 of 3—Public-Private Easement Agreement l 7. City Covenants. City agrees to: Maintenance. City shall provide proper containers for trash and garbage and shall keep the Easement free and clear of weeds, rubbish, debris, and litter at all times. 8. Rights Reserved to the City. The City reserves the following rights: 8.1.Temporary closures. The right to temporarily close or to restrict the use of the Easement or any of the facilities for maintenance, improvement, or for the safety of the public. Grantor is not entitled to any compensation or damages for such temporary closures. 9. Special Conditions. 9.1.The City will maintain at least a four foot wide ADA approved path paralleling Ashland Creek, from Hersey Street to the Westerly corner of Grantor's property where the Grantor's present parking lot meets the Chegar Street Right-of-Way; 9.2.The City will maintain a cleared three foot pathway adjoining the trail referenced in section 9.1 above at its westerly corner further described in Exhibit A of the Easement and that proceeds within the Chegar Street Right-of-Way from the Southerly riparian bank of Ashland Creek to Oak Street for purposes of the Easement; 9.3.The City will provide Grantor with a master plan for riparian zone landscaping; 9.4.The City will provide all materials needed to construct and maintain the Easement trail, to assess tree and vegetation health and necessary maintenance, and provide natural trail traffic control methods and/or devices; 9.5.The City will maintain and keep the Easement and immediate adjoining area clean from litter or solid waste, and noxious weeds and plants associated with uses of the Easement; 9.6.The City is encouraged to accepts volunteer labor offered by Grantor on behalf of qualified members of its church; 9.7.The City will provide dog ordinance signs and animal waste stations on each entrance of the Easement; the stations to be serviced twice a week; 9.8.The City's scope of indemnity is contained within the area described in the Easement and those portions of the Grantor's ADA approved parking spaces directly associated with providing access to the Easement; 9.9. The Grantor will fully cooperate with City in its enforcement of protection of the riparian area on Grantor's property adjacent to Ashland Creek. 10. Indemnification; Waiver of Subrogation. To the extent permitted by the Tort Claims Act, the City will defend, indemnify and save Grantor, its 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 lease or the activities that take place on the Easement. City will not be held responsible for damages caused by negligence of Grantor. 11.No Agency. The City and Grantor are entering into this Agreement voluntarily in the spirit of cooperation and coordination to facilitate City's desire to provide public access to its trail system. However, nothing in this Agreement makes the City responsible for the contracts or commitments of Grantor regarding construction or development by Grantor as relates to this Easement. Page 2 of 3 —Public-Private Easement Agreement 12. Non-appropriations. All City obligations pursuant to this Agreement which require the expenditure of funds are contingent upon future appropriations by the City as part of the local budget process. Nothing in this Agreement implies an obligation on the City to appropriate any such monies. 13.Nonwaiver. Waiver by either party of strict performance of any provision of this lease shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. 14.Consent of City. Whenever consent, approval or direction by the City is required, all such consent, approval or direction shall be received in writing from the City Administrator. 15. Notices. All notices required under this lease shall be deemed to be properly served if sent by certified or registered mail to the last address previously furnished by the parties. Until changed by the parties by notice in writing, notices shall be sent to: CITY: GRANTOR: City of Ashland Ashland Christian Fellowship Church Attn: City Administrator 50 West Hersey Street 20 E. Main Street Ashland, OR 97520 Ashland, OR 97520 INTENDING TO BE BOUND, the parties have executed this Agreement as of the date written below. GRANTOR: Date ORDER Pursuant to ORS 271.360 the governing body hereby approves and authorizes the terms of this Public-Private Easement Agreement as set forth above. CITY: it) -5 • aUl I Mayor/M y is D ignee, City of All land Date Page 3 of 3—Public-Private Easement Agreement