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HomeMy WebLinkAbout2006-234 Permit - Parks & Rec. Dept. SPECIAL POLE CONTACT PERMIT FOR Ashland Parks and Recreation Department Agreement made this 28 day of June 2006 between the City of Ashland (City) and the Ashland Parks and Recreation Department (Licensee). City and Licensee agree that Licensee may use City's street light poles located at: Winburn Way. 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 thorough 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. 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 it 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 I: . III I: III I III 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. Indemnification. Licensee agrees to defend, indemnify and save City, 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 agreement by Licensee (including but not limited to, Licensee's employees, agents, and others designated by Licensee to perform work or services attendant to this agreement). Licensee shall not be held responsible for damages caused by the negligence of City. 9. Insurance. Licensee shall, at its own expense, at all times during the term of this agreement, maintain in force a comprehensive general liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, products and completed operations, owner's and contractor's protective insurance and comprehensive automobile liability including owned and non-owned automobiles. The liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insureds. Certificates of insurance acceptable to the City shall be filed with City's Risk Manager prior to the commencement of any services by Licensee under this agreement. These certificates shall contain provision that coverages afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior written notice has been given to City. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. 10. 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. 10.1. 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. .- - 2 III .: III I III 11. Waiver. The failure of City to enforce any provisions of this agreement shall not be construed as a general waiver or relinquishment on its part of any such provision but the same shall nevertheless be and remain in full force and effect. 12. 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 BY: Title: - {to/Or;. BY Its REVIEWED AS TO CONTENT: BY: Department Head Date: 7 J ~ -0& City Date I: ~ III I: III I III