HomeMy WebLinkAbout2011-106 License Permit - OSF
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CITY OF ASHLAND USE LICENSE
Ashland, OR 97520 (541) 488-6002
Licensee Name: Oregon Shakespeare Date: June 28, 2011
Festival Association ("OSF")
Licensee Address: 15 South Pioneer St. Description of City property to be used:
Ashland, OR 97520 The Lithia Park lawn area bordered by
the lower Duck pond on the North, by
Telephone #: 541-482-2111 the toe of the slope on the East, by the
serpentine rock wall on the west and
extending on the south end 40 feet
into the playground lawn. ("Use Area")
Purpose: To authorize OSF to use the specified area of Lithia Park for up to
several months in 2011 for theatrical productions displaced from the Bowmer
Theater due to emergency repairs.
Period of use: July 5, 2011 to Hours of use: 8:00 a.m. to 1 a.m.
December 1, 2011
The City of Ashland ("City") and the licensee named above agree this license is subject to
the following conditions and requirements:
1. EXCLUSIVE USE.
licensee will have exclusive use of the Use Area for the duration of this license, except for
the routine maintenance and oversight activities of the Ashland Parks and Recreation
Department ("Parks"), licensee will erect a main tent structure approximately 60' X 120', to
accommodate a stage and seating for 600, as well as two smaller adjoining tent structures for
dressing rooms and a foyer and a separate smaller tent for onsite storage. licensee shall not
attempt to restrict other users of lithia Park from engaging in allowable activities in other parts
of the park.
2. TERMINATION OR MODIFICATION.
The City may terminate or modify the conditions of this license at any time after giving
licensee 7 days' advance written notice.
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3. SAFE ACCESS FOR L1THIA PARK VISITORS.
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Licensee shall inspect the Use Area and the entry walkways to it before and after each
theatrical production and shall remove, eliminate or correct any unsafe or dangerous
conditions and any pedestrian obstructions, including power lines, lighting, and tent supports
that could be hazardous or unnecessarily inconvenient for Lithia Park ("Park") users. Licensee
shall maintain the Use Area and immediately adjoining areas in safe condition for the duration
of the license. While Licensee will block public use of the sidewalk east of the serpentine rock
wall along the west boundary of the Use Area and the sidewalk along the toe of the slope at the
east boundary of the Use Area, the sidewalk west of the rock wall shall be kept clear for use by
both OSF patrons and non-OSF visitors to Lithia Park. The walkway extending from Pioneer
Street, diagonally along the hillside, east of the lawn and landing between the stage area and
the playground, shall remain open for public use except during performances.
4. PROTECTION OF STRUCTURES AND VEGETATION,
Licensee must obtain the approval by the Parks Director or designee of a plan for set-up and
take-down of the tents. The plan shall include written identification prior to set-up and prior to
take-down of expected damage to Park structures and vegetation other than grass.
Licensee shall provide to the Parks Director a written after-event assessment of damage to
Park structures and vegetation other than grass immediately following set-up and then again
immediately following take-down.
Licensee shall undertake set-up and take-down only when a designated Parks
representative is on site for observation and consultation, shall immediately cease its activities
if the Parks representative so requests, and shall resume the activities only when authorized to
do so by the Parks representative or the Parks Director.
Licensee shall cut or trim trees only under the supervision of a licensed arborist approved by
the Parks Director.
Licensee shall place physical barriers around all trees in the Use Area to protect them from
damage and shall comply with Parks' requests to undertake actions to prevent damage to tree'
roots from soil compaction.
Licensee shall install flooring inside and adjacent to the tents high enough off the ground to
place irrigation lines underneath to provide water for the trees in the Use Area.
5. RESTORATION.
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licensee shall, to the satisfaction of the Parks Director, fully restore or mitigate for any
damage to Park structures, vegetation or soils resulting from its use of the Use Area,
6. NOISE.
licensee will limit the impacts on nearby residences of noise from its theatrical productions
by using noise-dampening Iiriers on the walls and roof of the main tent a"nd by undertaking
other reasonable noise-reducing measures which do not significantly diminish the effectiveness
of its performances.
7. LIGHTING.
All exterior lighting will be in compliance with the Ashland Parks and Recreation
Department "Dark Sky Requirements" and will be directed downward to limit impacts on
nearby residences.
8. CONCESSIONS.
licensee may sell snack foods, souvenirs and "non-alcoholic beverages to its patrons in the
Use Area.
9. CLEAN UP,
All waste and debris resulting from licensee's activities on the Use Area shall be disposed of
by licensee as directed by the City, licensee shall pay all charges for janitorial and garbage
removal services, The Use Area shall be maintained in a clean, neat condition for the duration
of the license, except for the initial and concluding periods of set-up and take-down activities,
10. RESTROOMS,
licensee will provide at least 20 rented portable restrooms for its patrons and employees at
the north end of the Use Area in locations specified by the Parks Director, OSF patrons and
employees may also use the nearby permanent public restrooms. licensee shall be responsible
for cleaning and stocking both the portable restrooms and these permanent public restrooms
following each performance, OSF shall be responsible for locking the permanent public
restrooms adjacent to the Use Area after each nighttime performance.
11. PARKING.
No special accommodations for parking for OSF patrons are authorized under this license.
12. FIRE PREVENTION AND EVACUATION PLAN,
Before July 5, 2011, licensee shall submit to and obtain Ashland Fire Department approval
of licensee's plan for fire prevention on the Use Area, for safe evacuation in the event of fire,
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and for provision of emergency medical services. licensee shall comply with the directions of
the Ashland Fire Department Chief concerning provisions for such emergencies.
13. OVERTIME PAY FOR CITY EMPLOYEES.
licensee will reimburse City and Parks for overtime pay, including benefits, required to be
paid to City and Parks employees for time spent beyond their normal work days to help
licensee meet its planned performance schedule on the Use Area. licensee will reimburse the
City and Parks Department for all materials. and services purchased on their behalf.
14. LIABILITY AND INDEMNIFICATION OF CITY.
The City shall not be liable to licensee for damages or for loss of revenue, including any
damages or loss of revenue, in the event of a successful challenge to any land use approval or
permit issued in connection with licensee's use of the Use Area. licensee shall indemnify the
City and its employees against all claims, damages, costs and expenses, including reasonable
attorneys' fees, arising from its use of the 'Use Area; from any breach or default by li,censee in
the performance of the terms of this license; or from licensee's negligence; provided however,
licensee shall not be required to indemnify City for any of the City's attorney fees as a result of
any challenge to any land use approval or permit issued in connection with licensee's use of
the Use Area..
15. INSURANCE.
Notwithstanding any other provisions in the license, prior to July 5, 2011 licensee shall
obtain at licensee's expense the insurance specified in Addendum "1", attached hereto, and
shall maintain it in full force and at its own expense throughout the duration of this license.
Such insurance shall be on an' occurrence basis; shall be primary and non-contributory, and
shall include contractual liability. licensee shall obtain such insurance coverage from insurance
companies or entities that are authorized to transact the business of insurance and issue,
coverage in Oregon and that are acceptable to City. licensee shall add City as an additional
insured on all policies, licensee shall furnish evidence of workers' compensation coverage on
all statutory workers,
16. SECURITY.
licensee shall provide 24 hour per day security services to protect OSF'property and Park
improvements and trees and other vegetation from loss or damage and to prevent
unauthorized persons from entering upon and injuring themselves in the Use Area.
17. COMPLIANCE WITH EXISTING LAW.
While occupying the Use Area, licensee and its employees, agents, contractors and guests
must comply with all applicable City code provisions, statutes and regulatory requirements,as
they may be hereafter modified or qualified, including, without limitation, the Americans w!th
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Disabilities Act, the Oregan Fire Cade as amended by the Ashland Municipal Cade, The Oregan
Specialty Cade, and federal and state enviranmentallaws and regulatians.
18. NON-TRANSFER.
Licensee may nat assign, delegate, ar subcantract to. any ather person or entity any right ar
duty granted ar required under this license withaut the written cansent af the City.
19. ON SITE MATERIALS AND EQUIPMENT.
Only items necessary far the purpose stated abave and agreed to. by the City and the Parks
Directar may be placed in the Use Area. Licensee shall pay as due all taxes an its persanal
praperty lacated an the Use Area
20. LICENSEE CONTROL.
The City agrees that Licensee shall have sole contro.l af the methad, haurs worked, and time
and manner af campliance with this license, ather than as specifically pravided herein. The City
reserves the right anly to. inspect the Use Area for the sale purpase af insuring compliance with
the license, The City takes no responsibility far supervisian ar directian af campliance by
Licensee ar its emplayees agents, cantractars ar guests. The City further agrees that it will
exercise no. cantrol aver the selection and dismissal af Licensee's employees, agents,
cantractars ar guests,
21. UTILITIES,
Licensee shall pay all charges for pawer, heat, air canditioning, telephane and damestic
water service used, rendered ar supplied upan ar in cannection with its accupancy af the Use
Area.
22. NON-DISCRIMINATION,
In perfarmance afthe activities autharized and required by this license, Licensee shall nat
discriminate against any emplayee, participant, ar applicant far emplayment because af age,
race, calar, sex, sexual arientatian, religian, handicap, physical canditian ar develapmental
disability,
23. INTEGRATION.
This license, tagether with the requirements herein and referenced parts and attachments,
shall canstitute the entire license; previaus cammunicatians pertaining to this license are
hereby superseded. Any revisions including time extensians must be made by an amendment
to. this license ar other written dacumentatian, signed by bath parties,
OREGON SHAKESPEARE FESTIVAL ASSOCIATION, LICENSEE:
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ADDENDUM "1"
INSURANCE COVERAGE REQUIREMENTS
A. REQUIRED INSURANCE. Notwithstanding any other provision in the license, Licensee shall
obtain at Licensee's expense the insurance specified in this Addendum prior to performing
under this license and shall maintain it in full force and at its own expense throughout the
duration of this license, Licensee shall add City as an additional insured on all policies and
Licensee shall obtain the following insurance from insurance companies or entities that are
authorized to transact the business of insurance and issue coverage in State and that are
acceptable to City,
1. WORKERS COMPENSATION. All employers, including licenseE!, that
employ subject workers, as defined in ORS 656,027, shall comply with ORS 656,017
and shall provide workers' compensation insurance coverage for those workers, unless
they meet the requirement for an exemption under ORS 656,126(2), Licensee shall
require and ensure that each of its subcontractors complies with these requirements.
2. COMMERCIAL LIABILITY.
a, Commercial General Liability. Commercial General Liability Insurance
covering bodily injury, death and property damage in a form and with coverages that are
satisfactory to the City, Coverage shall be written on an occurrence basis, Licensee
shall provide proof of insurance of not less than the following amounts as determined by
the City:
Bodily InjurylDeath:
$1,000,000,00 Per occurrence limit for any single claimant; $2,000,000,00
aggregate, and
$5,000,000,00 Per occurrence limit for any number of claimants:
AND
b. Property Damage:
$1 million
Per occurrence limit for any single claimant; and
$5 million
Per occurrence limit for any number of claimants.
AND
c. Umbrella Policy
$5 million
INSURANCE COVERAGE REQUIREMENTS
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3. AUTOMOBILE LIABILITY INSURANCE:
a. Automobile Liability. Automobile Liability Insurance covering all owned, non-
owned, or hired vehicles, This coverage may be written in combination with the
Commercial General Liability Insurance (with separate limits for "Commercial General
Liability" and "Automobile Liability"), Licensee shall provide proof of insurance of not
less than the following amounts as determined by the City:
Bodily Injury/Death:
$1 million
Per occurrence limit for any single claimant; and
$5 million
Per occurrence limit for any number of claimants
4. PROPERTY COVERAGE
a. Property Coverage. All Risk Coverage for all material owned by OSF,
B. NOTICE OF CANCELLATION OR CHANGE.
There shall be no cancellation, material change, potential exhaustion of aggregate limits or non-
renewal of insurance coverage(s) without sixty (60) days' written notice from this Licensee or its
insurer(s) to City, Any failure to comply with the reporting provisions of this clause shall
constitute a material breach of license and shall be grounds for immediate termination of this
license by City,
C. CERTIFICATE(S) OF INSURANCE.
Licensee shall provide to City Certificate(s) of Insurance for all required insurance before
performing any activities on the Property related to this license, The Certificate(s) must specify
all entities and individuals who are endorsed on the policy as Additional Insured (or Loss
Payees), Licensee shall pay for all deductibles, self-insured retention and self-insurance, if any,
INSURANCE COVERAGE REQUIREMENTS
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