HomeMy WebLinkAbout2008-236 Agrmt License Property Ashland Flower Shop
RECORDING COVER SHEET
I
PER ORS 205.234
THIS COYER SHEET HAS BEEN PREPARED BY THE PERSON
PRESENTING THE ATTACHED INSTRUMENT FOR RECORDING
ANY ERRORS IN THIS COVER SHEET DOES NOT AFFECT THE
TRANSACTION(S) CONTAINED IN THE INSTRUMENT ITSELF.
Jackson County Official Records 2009-002939
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Cnt=1 Stn=10 ALONZO~/28/2009 12:57:38 PM
$25.00 $5.00 $5.00 $11.00 Total:$46.00
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01357991200900029390050059
I, Christine Walker, County Clerk for Jackson County, Oregon, certify
that the instrument identified herein was recorded in the Clerk
records.
Christine Walker - County Clerk
AFTER RECORDING RETURN TO:
Name and address of the person authorized to receive the
Instrument after recording, as required by ORS 205.180(4) and
ORS 205.238. ~U I ()
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1. NAMES OF THE TRANSACTION(S), described in the attached instrument and required by ORS 20S.234(A)
NOTE: Transaction as defined by ORS 205.010 -means any action required or permitted by state law or rule
federal law or regulation to be recorded including, but not limited to, any transfer
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2 . Grantor(s) as de~s 205.110.
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3.
es(s) as described in ORS 20S;J
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4.
TRUE AND ACTUAL CONSIDEWAT10N PAID for instruments conveying or contracting to convey fee tJUe to any estate
and all memoranda of such instruments, reference ORS 93.030.
. 5.
UNTil A CHANGE IS REQUESTED, All TAX STATEMENTS SHAll BE SENT TO THE FOllOWING ADDRESS: for
instruments conveying or contracting to convey fee Otie to any real estate reference ORS 93.260.
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LICENSE AGREEMENT
This License Agreement is made and entered into this ,0i1' day of Otttm-bt2008,
by and between the City of Ashland Oregon (hereinafter referred to as "City"), and
the Ashland Flower Shop and Greenhouses, Inc., an Oregon Corporation, and its
successors and assigns, WILMA, LLC, an Oregon limited liability company
(hereinafter referred to as "AFSGH").
IN CONSIDERATION OF the mutual promises and covenants set forth herein and
other good and valuable consideration reflected in the Verde Village Development
Agreement, the receipt and sufficiency of which is hereby acknowledged, the City
and AFSGH do hereby agree as follows:
City is the owner of the following described real property (hereinafter "License
Property").
Exhibit A
City does hereby grant AFSGH, its successors and assigns, the right, privilege, and
license to enter upon the above described property temporarily, for the purpose of
performing the construction of required improvements and installation of plant
materials necessary to comply with the December 20, 2007 Verde Village
Development Agreement and associated land use approvals as well as the November
24, 2008 Agreement for Construction of Required Improvements and Installation and
Maintenance of Plant Materials.
The purpose of' this license is limited to access for construction, installation and
maintenance of required improvements and plant materials in accordance with
approved plans and land use requirements as well as professional inspections and
surveys of the required work
As further consideration of this License, AFSGH agrees as follows:
1. Immediately following the initial construction of the required improvements
and installation of plant materials, AFSGH will cause to be removed from
License Property, all debris, surplus material, and construction equipment and
leave the property in a neat and presentable condition.
2. In the event the real property or improvements of the City are removed or
damaged by AFSGH, or its agents during use of the License, AFSGH will
cause the improvements on the property to be repaired and restored to a
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condition fully equal to that existing before the construction operations were
commenced.
3. AFSGH shall indemnify and hold City harmless from and against any loss,
damage, or injury caused by, or on behalf of, or through the fault of AFSGH,
or in any way resulting from ASFGH's presence upon City's lands. City shall
indemnify and hold ASFGH harmless from and against any loss, damage, or
injury caused by, or on behalf of, or through the fault of the City. Nothing in
this Article shall require a party to indemnify the other party against such
other party's own willful or negligent misconduct.
4. In connection with the construction of the required improvements and
installation of plant materials, AFSGH shall, at its own cost and expense,
maintain in full force and effect a policy of comprehensive general liability
insurance in an amount of not less than $1,000,000 naming City as an
additional insured. AFSGH shall utilize only City licensed contractors to
perform the construction and installation work and such contractors shall also
carry liability and workers' compensation insurance.
5. The right, privilege, and license herein granted for temporary construction
access and use of the License Property shall cease and terminate only after
completion of construction and installation of the required improvements and
plant materials, final inspection by the City and the dedication / donation of
same to the City, or July 17, 2013 whichever is earlier.
IN WITNESS WHEREOF, the parties hereto have executed these presents on
the dates indicated below. The date of this Agreement shall be the date on which
this Agreement was executed by all parties.
THIS ]d"'DA Y OF {.J Il. co. I 2008.
AFSGH
Ashland Flower Shop
And Greenhous , Inc.,
, President
Dated
l'l,I'cJ.J O~
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STATE OF OREGON)
)
County of Jackson )
The foregoing instrument was acknowledged before me this \D~ day of
JJltD.xY\neY' 2008, by Gregory D. Williams, as President and authorized agent of
Ashland Flower Shop and Greenhouses, Inc.
~nL ~ fltiJ
Notary Public for Oregon
My Commission Expires: 8/2L1/ O~
. OFFICIAL SEAL
KRISTINE M. VAN ETTEN
NOTARY PUBLIC-OREGON
COMMISSION NO. 396412
MY COMMISSION EXPIRES AUG. 24, 2009
~~
Jon Blackhurst,
orney for AFSGH
CITY OF ASHLAND
STATE OF OREGON)
)
County of Jackson )
fI~
The foregoing instrument was acknowledged before me this !i.-. day of
Df (J PM &r 2008, by Martha Bennett, as Administrator and authorized agent of
City of Ashland. CiJb ~ ~
'i{A ~.
Notary Public for 0 egon
My Commission Expires: /i;1tt!J~cJJjO
APPROVED AS TO FORM
Richard Appicel 0
City Attorney
. OFFICIAL SEAl
NC=~
MY COMMISS,\(}.;.., EXPIRES MAY 2, 2010
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EXHIBIT "A"
legal Description of City Park Corridor and portion of WWTP property
Parcel numbers 3 and 4 of that land Partition filed for record on the 18th day of
November, 2008 and recorded as Partition Plat No. P-66-2008 referenced in
Index Volume 19 Page 66 of the Records of Partition Plats in Jackson County,
Oregon.
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