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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 Page 1 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 Page 2