Community Partners for Affordable Housing ~ AG233003 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 Red Rock Creek Commons, 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 storage of electric bikes (the "Bikes"). Owner has agreed to allow
Licensee to store the Bikes and access the 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 storage and charging of 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 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 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, except
to the extent directly caused by the condition of the Bikes or Licensee's acts in such area. Owner
will not be liable for the security of the Bikes, and Licensee will not be liable for the security of the
Building or any portion of Owner's premises, access to the Bikes, or any act or omission around the
Bikes, except to the extent caused directly by the condition of the Bikes, or by the acts of Licensee
(and only 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
Page 1 LICENSE AGREEMENT
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 shall have 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 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 rd Rachael Duke
Rachael Duke Date:20t3.06.l dukes paho egon org ccIUS
By: Date:2023.06.0)15:35:01-OT00 By:
Name: Rachael Duke Name: Signer ID:4BUNUZZZC8...
Title: Executive Director Title:
Page 3 LICENSE AGREEMENT
EXHIBIT A
DEPICTION OF LICENSED AREA
Red Rock Creek Commons— 11090 SW 68th Parkway, Tigard, OR 97223
Bikes will be stored on the first floor of Red Rock Creek Commons in the larger of the two dedicated bike
storage room, which is located next to the elevator.
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Page 4 LICENSE AGREEMENT