HomeMy WebLinkAbout2007-051 Hold Harmless - Stephen & Melanie LLC
Jackson County Official Records 2007-012659
R-R
Cnt=1 Stn=10 ALONZO~/15/200711 :50:23 AM
$1500 $5.00 $1100 Total:$31.00
"" 111111111" II~ 11111111
01252146200700126590030037
I, Kathleen S. Seckett, County Clerk for Jackson County, Oregon,
certify that the instrument identified herein was recorded in the Clerk
records.
Kathleen S. Beckett - County Clerk
RELEASE AND HOLD HARMLESS A&.~~Hu_", .
North Main Condominium Project
This Agreement, by and between the City of Ashland, a municipal corporation located in
Jackson County, Oregon, hereinafter referred to as "City", and Stephen and Melanie LLC, (Stephen
H. Wolf and Melanie H. Smith), for the LLC, themselves, their heirs, executors, administrators,
successors, and assigns, hereinafter collectively referred to as "Owner".
In consideration of the mutual convenants contained or referenced herein, the City and Owner
agree as follows:
I. City owns and controls certain real property and facilities located at 90 North Mountain Street
(the City Public Works I Electric Operations Building and Yard), together with certain other
contiguous buildings and facilities all located on [Tax Lot 39 1 E 10BC -5302], including but not
limited to the City Police Station at 1155 East Main Street, the Ashland Municipal Court and
Ashland City Council Chambers at 1175 East Main Street and the Grove Building at 1195 East
Main Street, (collectively referred to as "City Facilities") more particularly described and shown
on Exhibit A (map) attached hereto and incorporated herein by this reference.
2. Owner, owns and controls the North Mountain Condominium Project (hereinafter "Project")
being adjacent to City Facilities at 66 North Mountain Street, said Project being more particularly
described in Planning Action 2005-0411, and being located on the following described real
property:
NW Vi of Section 10, Township 39, South, Range 1 East ofthe Willamette Meridian
[Tax Lot 39 IE 10BC -5100].
3. In consideration of the approval of the North Mountain Condominium Project, Planning Action,
2005-0411, an agreed-upon condition of approval was included requiring Owner to acknowledge
the existing City Facilities and City operations adjacent to the Project and further Owner agreed
that a
. .. hold harmless agreement for noise from city operations shall be signed and recorded
for the condominium units prior to issuance of the certificate of occupancy. [Condition
16].
4. Owner acknowledges the existing City Facilities and normal operations adjacent to the Project,
and agrees to inform future owners of residential units that the existing City facilities and normal
operations may at times involve noise that may be disruptive to residential use. Owner
acknowledges and agrees that the existing facilities and normal operations of the City have and
will continue to be, to some extent, disruptive to residential use. Owner acknowledges and
accepts sole responsible for mitigating any sound impacts disruptive to residential use, through
soundproofing, landscaping or buffering other approved sound mitigation measures. City has no
duty, responsibility or liability for mitigating sound impacts from existing City Facilities and
normal operations. This agreement shall not be interpreted as a waiver, modification, or grant of
any local, state or federal agency permits or authorizations required for any sound mitigation
measures.
Temporary License, Release and Hold Harmless Agreement
/
5. Owner does hereby further agree to release and forever discharge the City of Ashland and its
officers, directors, agents, employees, successors, and assigns from any and all claims or causes
of action which they now have or which may hereafter accrue against the City, in connection with
or arising out of sound or noise complaints concerning the City's existing facilities and normal
operations acknowledged herein. Owner shall hold harmless, indemnify, and defend the City, its
officers, agents, and employees from any and all liability, actions, claims, losses, damages or
other costs including attorney's fees and witness costs (at both trial and appeal level, whether or
not a trial or appeal ever takes place) that may be asserted by any person or entity, arising from,
during or in connection with the sound or noise complaints concerning the existing City Facilities
and operations, except liability arising out of the sole negligence of the City and its employees. If
any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever,
such illegality or invalidity shall not affect the validity of the remainder of this indemnification.
6. This agreement supersedes all prior agreements between the parties hereto, whether in writing or
otherwise, and any such prior agreement shall have no force or effect upon and after the date of
execution of this agreement. This agreement is integrated and contains the entire agreement of
the parties; no representations, inducements, promises or agreements oral or otherwise, not
embodied herein shall be any force or effect, except to the extent that the same are contained in
any documents executed concurrently herewith.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed, either
individually, or by their officers, thereunto duly authorized.
DA TED this P?l., +11.- day of Fe.b,() a r y
,
,2007.
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Stephen and Melanie LLC
City of Ashland
Stephen olf
~~
ela e H. Smith
STATE OF OREGON )
) ss.
County of Jackson )
The foregoing instrument was ack~owledged before me this ..9& f"-day of ~ DIP llar ~ .'
2007, by l'felCtn;e. 5m,IA. 5J:ef1hrh (i/oIF as Maray~,.. of Stephen and elame
LLC., on behalf of the Limited Liability Company.
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_ O~~'CiALSEAL
CAROL'Y1\I ~~!~HWENDENER
. NOTAR" ~'dLlC-OREGON
COMMiS:>ii;:\! NC. 390825
MY COMMISSION EXPi,~t ;iAR 20, 2009
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Notary blic for Oregon. .
My Commission Expires: ..g -~~.- (J7
Temporary License, Release and Hold Harmless Agreement
2
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STATE OF OREGON )
) ss.
County of Jackson )
On this % day of Fe bruafi ' 2007, personally appeared before me the above
named Stephen H. Wolf and acknowl ged the foregomg mstrument to be hIS voluntary act and deed.
.~
OFFICIAL SEAL
CAROLYN SCHWENDENER
NOTARY PUBliC-OREGON
COMMISSION NO. 390825
MY COMMISSION EXPIRES MAR. 20, 2009
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Notary P lic for Oregon
My Commission Expires: ....? - .:? c -0 r
STATE OF OREGON )
) ss.
County of Jackson )
On this dR&.j iLday of Ill)/' it a J'V , 2007, personally appeared before me the above
named Melanie H. Smith and acknowledged the foregoing instrument to be his voluntary act and deed.
_OFFICIAL SEAL
. CAROLYN SCHWENDENER
~ ",, NOTARY PUBLIC-OREGON
COMMISSION NO. 390825
MY COMMISSION EXPiriES MAR. 20, 2009
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Temporary License, Release and Hold Harmless Agreement
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