HomeMy WebLinkAbout2000-109 Pole Contact Permit SPECIAL POLE CONTACT PERMIT
FOR
SOUTHERN OREGON CENTER FOR THE VISUAL ARTS/
SOUTHERN OREGON UNIVERSITY
Agreement made this ~ day of June, 2000 between the City of
Ashland (City) and Southern Oregon Center for the Visual Arts/Southern
Oregon University (Licensee).
City and Licensee agree that Licensee may use City's street light poles
located at:
The center island of Siskiyou Boulevard, in particular the area on
Ashland Street and the Boulevard in front of the university. 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 thoreugh repair,
3.2. in a manner satisfactory to City and so as not to conflict or
interfere with the working use of such poles by 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.
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4. Riqhts 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 to fulfill its own
service requirements, and City shall not be liable to Licensee for any
interference 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. Damaqe 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,
Southern Oregon Center for the Visual Arts, 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 enfome any previsions of this agreement shall
not be construed as a general waiver or relinquishment on its part of any such
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provision but the same shall nevertheless be and remain in full force and effect.
11. Assiqnment. 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
REVIEWED AS TO CONTENT:
BY
Department Head
Date
Coding
(for city use only)
BRyEV~)!tV~ED A,S TO FORM:
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