HomeMy WebLinkAbout2009-172 License Agrmt - Lithia Parking Lot
LICENSE AGREEMENT
Lithia Parking Lot
This License Agreement is made and entered into this 8 .;1, day of 47~ </-. 2008, by and
between Northlight Community Builders LLC (hereinafter referred to as "Northlight", and
the City of Ashland, a municipal corporation of the State of Oregon (hereinafter referred to
as "City").
RECITALS:
Northlight owns real property commonly known as the Lithia First Project, located on
the northwest comer of Lithia Way and First Street in Ashland, OR. and,
Northlight will utilize the property for development purposes subject to land
development and building permit approvals which are currently on hold by choice of
Northlight, and
Northlight desires to grant permission to the City to use the portion of the property
already designed, approved and constructed for vehicle parking for general public
parking with the exception of the area dedicated and approved for the Ashland Rogue
Valley Growers Market between 5 AM and 5PM each Saturday for the duration of the
license agreement.
IN CONSIDERATION OF the mutual promises and covenants set forth herein and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Northlight and City do hereby agree as follows:
N orthlight, is Owner of the following described real property:
Exhibit A attached hereto and made a part hereof by this reference
Northlight does hereby grant to City the right, privilege, and license to enter upon the above
described property and occupy the property temporarily, for the purpose of operating and
maintaining a public parking lot as it is currently constructed and configured, Northlight
approves and authorizes the City to install posts, signs and parking lot striping in a
configuration consistent with its land use approval. The right to use the existing parking lot
extends to the general public in accordance with the posted parking regulations and only for
public parking purposes until such time as Northlight notifies the City pursuant to this
Agreement that it is necessary to close the parking lot to begin construction activities. . City
shall maintain the parking lot during the license period in the same manner as it maintains
other City parking facilities,
City shall indemnify and hold Northlight harmless from and against any loss, damage, or
injury caused by, or on behalf of, or through the fault of the City, Northlight shall
indemnify and hold City harmless from and against any loss, damage, or injury caused by, or
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on behalf of, or through the fault of Northlight. Nothing in this Article shall require a party
to indemnify the other party against such other party's own willful or negligent misconduct.
In connection with the parking lot operation and maintenance on Northlight's property,
CITY shall, maintain coverage with City County Insurance Services as if the property were
still owned by the City of Ashland, Northlight may maintain its own insurances as it deems
necessary.
This license shall cease and terminate December 31, 2009 at which time both parties may
renegotiate to extend or modify the existing licensing agreement,
IN"WI1NESSwHEREOF, the parties hereto have executed this instrument effective the day
d ./"f' \h \. b .
an -year lrst erema ove wntten.
APPROVED AS TO FORM
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