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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. PAGE 1-POLE CONTACT LICENSE - CVA 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 PAGE 2-POLE CONTACT LICENSE - CVA 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: PAGE 3-POLE CONTACT LICENSE - CVA