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HomeMy WebLinkAbout2009-030 Agrmt Ashland Lions Club Concession City of Ashland Parks and Recreation 340 S. Pioneer Street Ashland, OR 97520 LICENSOR/ CITY Ashland Lions Club P.O. Box 3340 Ashland, OR 97520 LICENSEE/ VENDOR TEMPORARY LICENSE & CONCESSION, RELEASE AND HOLD HARMLESS AGREEMENT THIS TEMPORARY LICENSE & CONCESSION, RELEASE AND HOLD HARMLESS AGREEMENT is made and entered into this 31- day of r1arGh 2009, by and between the Licensor, City of Ashland, a municipal corporation of the State of Oregon, (hereinafter referred to as "City''), and Licensee, "Ashland Lions Club," (hereinafter referred to as "Vendor"). WITNESSETH: WHEREAS, the City of Ashland owns or controls certain real property comprising Lithia Park, as well as City park parking areas and public right-of-ways, including the public street and sidewalk adjacent to the Bandshell, being and located in the City of Ashland, Jackson County, Oregon; and WHEREAS, Vendor is a not-for-profit, tax exempt, community service organization in the City of Ashland and has requested permission to operate a pre-packaged food concession using City property or right-of-way during special cm BAND concert events; and WHEREAS, City desires to have an attractive, clean and inviting concession to operate in support of such events; and WHEREAS, City considers this concession operation a pilot project and will review the concession following completion in August 2009 and submission of a written report; and WHEREAS, City and Vendor agree that use and occupancy of the public park property including street, parking and sidewalk areas for commercial operations is not inconsistent with the purpose of such public property provided a concession agreement as authorized by AMC 10.68.060 and AMC 13.02.040 is approved and the terms and conditions of the concession are strictly observed; and WHEREAS, the City Parks and Recreation Commission authorized the concession at its regular meeting on February 23, 2009; and NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein and for other good and valuable consideration, the receipt and suffiCiency of which is hereby acknowledged, Vendor and City agree as follows: TEMPORARY LICENSE & CONCESSION, RELEASE AND HOLD HARMLESS AGREEMENT Page 1 3/1 0/09 1. The above statements are true and correct and are incorporated herein by this reference. 2. The duration of the License / Concession granted by this Agreement is for nine separate days, June 18, June 26, July 2, July 9, July 16, July 23, July 30, August 6, and August 13, 2009. The concession may operate between 5:00 pm and 8:00 p.m., on the above dates, exclusive of set up and take down. Subsequent dates shall require a new Agreement or Agreements. 3. Subject to the requirements herein, Vendor may temporarily place a well maintained, clean and attractive trailer in a location determined by the parks and Recreation Director, in his sole discretion adjacent to the Bandshell and Parking area. City will allow use of the City's electrical connection if necessary. The Vehicle may not obstruct pedestrian or vehicular traffic and shall be attended by the vendor at all times. 4. Pedestrian routes shall not be obstructed and any potential trip hazards (e.g. cords) and such areas shall be identified with cones or other markers to alert pedestrians of a potential hazard and taped down to avoid falls. Violation of this requirement, designed to ensure safe public access and use of the sidewalk by persons, including those with disabilities, shall require immediate cancellation of the temporary license and concession. 5. Vendor may sell pre-packaged ice cream and similar food and beverage items in the above location and otherwise operate consistent with this agreement. It is understood and agreed that vendor shall donate 1000/0 of the proceeds to the Ashland Middle School Band and the Ashland High School Band in a proportion that's fair to both. Evidence of sales shall be demonstrated to the satisfaction of the City Administrator and Finance Director, including access to records. 6. Vendor, for itself, its agents and employees, does hereby agree for themselves, their heirs, executors, administrators, successors and assigns, to release and forever discharge the City of Ashland, its officers, directors, agents and employees, successors and assigns, from any and all claims or causes of action which Vendor, its agents and employees now has or which may hereinafter accrue against the City of Ashland, in connection with or arising out of the activities permitted by this license and concession, including without limitation, personal injury or death. 7. Vendor, for itself, its agents and employees shall hold harmless, indemnify, and defend the City of Ashland, 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, including Vendor, arising from, during or in connection with the Vendor's entry onto and use of City property, City right-of-way, including the sidewalk, except liability arising out of the sole negligence of the City and its employees. Such indemnification shall also cover claims brought against the City under state or federal workers compensation laws. 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. 8. Vendor shall maintain insurance acceptable to the City in full force and effect throughout the term of this license/ concession. Vendor shall provide the City with copies of said insurance certificates and shall name the City as an additional insured. TEMPORARY LICENSE & CONCESSION, RELEASE AND HOLD HARMLESS AGREEMENT Page 2 3/1 0/09 9. Unless extended in writing by the City, said license / concession shall expire as stated in duration paragraph above. This license may be terminated at any time by the City by notice in writing to Vendor. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed, either individually, or by their officers, thereunto duly authorized. DATED this ~ day of {\It ~'(Lc ~ , 2009. i!?~~ Vendor City of ASVd: , / ~ / (. --- City / Licensor Ashland Lions Club P.O. Box 3340 Ashland, Oregon 97520 Don Robertson, Director Ashland Parks and Recreation 340 S. Pioneer Street Ashland, Oregon 97520 TEMPORARY LICENSE & CONCESSION, RELEASE AND HOLD HARMLESS AGREEMENT Page 3 3/1 0/09