Community Partners for Affordable Housing ~ AG233002 LICENSE AGREEMENT
THIS LICENSE AGREEMENT (this "Agreement") is entered into effective as of this 1st
day of June, 2023 (the "Effective Date"), by and between COMMUNITY PARTNERS FOR
AFFORDABLE HOUSING, an Oregon nonprofit corporation (the "Owner"), and the CITY OF
TIGARD, an Oregon municipal corporation(the "City" and"Licensee").
RECITALS
Owner owns a building located at Greenburg Oaks, in Tigard, Oregon (the "Building").
Licensee desires to use a portion of the Building depicted in Exhibit A attached hereto(the"Licensed
Area") for the installation and maintenance of bike lockers (the "Lockers") and electric bikes (the
"Bikes") contained therein. Owner has agreed to allow Licensee to install the Lockers and access
the Lockers and Bikes on the terms and conditions provided herein.
AGREEMENT
In consideration of the promises and covenants contained in this Agreement,the parties agree
as follows:
1. License; Permitted Use. Owner hereby grants to Licensee a license (the "License")
to use the Licensed Area for installing and maintaining the Lockers and Bikes(the"Permitted Use").
Licensee may use the Licensed Area for the Permitted Use and for no other purpose.
2. Term of License; Termination. The term of this Agreement commences upon the
Effective Date hereof and continues for one (1) year hereafter; provided however, that (a) Owner
may terminate the License upon the Licensee's breach of this Agreement as provided in Section 6
below, and (b) Licensee may terminate this Agreement upon ten (10) days' prior notice to Owner.
Upon termination,Licensee must remove the Lockers and Bikes and return the Licensed Area to the
same condition as the Licensed Area existed as of the Effective Date, reasonable wear and tear
excepted.
3. No Further Rights; Assignment. Licensee expressly agrees that it does not and may
not claim at any time any interest or estate of any kind or extent whatsoever in the Licensed Area by
virtue of the rights granted under this Agreement. Licensee may not, in any manner, directly or
indirectly, by operation of law or otherwise, sublease, assign, transfer, or encumber the License or
any of Licensee's rights granted by this Agreement. Owner may assign its rights under this
Agreement to any purchaser of the Building.
4. Indemnification. Subject to the limitations of the Oregon Tort Claims Act and in
consideration of the License herein granted, Licensee will indemnify, defend, and hold Owner
harmless from and against, any claims for damage to property or injury to persons to the extent
caused by the Lockers or the Bikes. Owner agrees to indemnify,defend,and hold Licensee harmless
to the extent of any claims by Owner's residents or other third parties in the area surrounding the
Bikes and Lockers, except to the extent directly caused by the condition of the Lockers or Bikes or
Licensee's acts in such area. Owner will not be liable for the security of the Lockers or the Bikes,
and Licensee will not be liable for the security of the Building or any portion of Owner's premises,
access to the Lockers and Bikes, or any act or omission around the Lockers and Bikes, except to the
extent caused directly by the condition of the Bikes or Lockers or by the acts of Licensee (and only
Page 1 LICENSE AGREEMENT
subject to the limitations of the Oregon Tort Claims Act). In no event will Owner or Licensee be
liable for any consequential damages.
5. Insurance. During the term of this Agreement,Licensee will secure and continuously
maintain at its sole cost and expense, and promptly provide evidence thereof to Owner liability
insurance of no less than $1,000,000 per occurrence and $1,000,000 in the aggregate for bodily
injury and property damage, in any combination of primary and excess policies and any other
insurance typically carried in the course of similar operations. Owner will be named as an additional
insured under such policy.
6. Default. Owner has the right to immediately terminate the License if Licensee fails
to perform any covenant and such failure continues for a period of thirty (30) days after written
notice.
7. Notices. All notices required under this Agreement shall be deemed properly served if
hand delivered (including by reputable overnight courier), send by email, or sent by certified mail,
return receipt requested,to the last address previously furnished by the parties hereto. Until hereafter
changed by the parties by notice in writing, notices shall be sent to the parties at the addresses set
forth below:
If to Owner: If to Licensee:
Community Partners for Affordable Housing City of Tigard
Attn: Rachael Duke Attn: Alec Perkins
PO Box 23206 13125 SW Hall Blvd.
Tigard, OR 97281-3206 Tigard, OR 97223
If mailed, the notice will be deemed received three (3) days after the date such notice is
deposited in a post office of the United States postal service, postage prepaid, return receipt
requested, certified mail. If delivered by hand, the notice will be deemed received as of the date of
delivery or refusal of delivery. If delivered by email, the notice will be deemed received as of the
date the notice was emailed.
8. Counterparts. This document may be executed in several counterparts, all of which when
taken together shall constitute one agreement binding on all parties, notwithstanding that all parties
are not signatories to the same counterpart. Each copy of this document so executed constitutes an
original. This Agreement may be executed or delivered electronically.
9. Binding Effect. Subject to the provisions of Section 3 hereof, this Agreement will be
binding upon and inure to the benefit of the parties hereto, their successors, and assigns.
[Signature Page to Follow]
Page 2 LICENSE AGREEMENT
ACCEPTED AND AGREED AS OF THE EFFECTIVE DATE BY:
Owner: Licensee:
COMMUNITY PARTNERS FOR AFFORDABLE CITY OF TIGARD,
HOUSING, an Oregon nonprofit corporation an Oregon municipal corporation
Digitally signed by Rachael Duke
Rachael Duke
DN:cn=RachaeI Duke,o=CPAFi,ou=Executive
Director,email=rduke@cpahore9on.org,c=US
Date:2023.06.0715:36:32-0700'
By: By:
Name: Rachael Duke Name: Signer ID:4BUNUZZZC8..
Title: Executive Director Title:
Page 3 LICENSE AGREEMENT
EXHIBIT A
DEPICTION OF LICENSED AREA
Greenburg Oaks— 11905 SW 91st Avenue, Tigard OR 97223
Lockers will be installed in the parking lot, near the electrical room in back of property(west) and will have
the footprint of one parking space. Parking space is highlighted in red.
.. 1 . d ' ms .µ .,
•
r ,-
rim
- 1 r r- ... .,1' r _• F=
' _- . _ • .F4 ' • 4 4J. . ,. .I
- ' ]1901, - .tn. ` . u,
h
4
s r •
4 um 1865, - - '
T :7Greenbur4flaks .4. l 17495 ___12.--,:i_i
Apartrnenls
Lockers will have -12'.. Y`E.
•
footprint of one "' IC
°'
parking space _ .1R f r
,5 ‘ aa.
0*'." .k 5"µ E?"'ve _.
iY re• '4 " 9 .'s'' .gym^.,
.;_-_, ,,',...,;',:::..,,, ' 4,:47.17:11-!..-ikketioikl ity.IF Air' -..• ..,,,Ai
w 6
s.3
-,,." -
V
P3
Lockers will have . ` ; ,1-
footprint of single
car parking space, . 120 4;g*1
located in back of *fid Fi '
property near
electrical room
Page 4 LICENSE AGREEMENT