Loading...
01.01.1901 ~ Wall Street ~ Hall Boulevard FFtM :LIEN 2: COOPER PC FAX NO. :5l3-9992 3192 Hoy. 13 2002 0=:30PM P2 11/13/2002 16:15 503306mode RAMI5 GREW `v, r+. p6GP OD LICENSE AGREEMENT 4- This License Agreement("Agreement")is made and effective the ]4 day of November, 2002,by and between TUB CITY OF'TIGAR D, Art Oregon municipal corporation ("City')and FRED W.FIELDS("Fields"). Recitals A. City is the owner of certain real property in the City of Tigard,Washington County, Oregon described in Exhibit A attached(the"City Property"). B. Fields is the owner of other real property in the City of Tigard,Washington County, Oregon and described in Exhibit B attached(the "Fields Property"). The Fields Property is located to the east of and adjacent to the City Property, C. Fields desires a license to cross the City Property for purposes of maintaining the Fields Property, and if necessary, an easement for ingress, egress and utilities to service potential development of the Fields Property. The City is willing to grant Fields such a license. By this Agreement,the parties intend to set forth the tams of said license and possible easement. NOW'THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged,the City and Fields agree as follows: Agreement 1. L venae fie Crass Cit p : Fields, and his agents, employees, representatives and contractors,may cross the City Property only at the location described in Exhibit C attached hereto (the "License Area"), and only for the purpose of maintaining the Fields Property. The rights granted to Fields are subject to the terms and conditions set forth in this Agreement. 2. 9itions Precedent to Exercise of License Rjgbtt: The following are conditions precedent to the right of Fields to cross the City Property: 2.1 Insurance. Fields shall obtain insurance for property damage and liability in a form,with limits, and placed with one or more insurers, acceptable to the City and naming the City as an additional insured- Such policy(ies)of insurance shall provide, along with other terms acceptable to the City,that no termination of or change in such policy(ies)may be effected without not leas than thirty(30)days' prior written notice to the City. Fields will provide to the City policies or certificates in evidence of such insurance prior to any exercise of the rights granted herein, and shall keep such policy or policies of insurance in full force and effect throughout the term of this Agreement and any extensions or renewal hereof FROM :LIEN ? COOPER PC FA,,; NO. :503-P92 319'= No:. 13 2002 01:31PM P3 11/13/2692 16:16 503356.40 RAMIS i Rem '411o00 rear 03 2.2 NPigi ore -++ 4mo qty Propel. Fields will not enter onto the City Property except upon not less than ten(10)days prior written/verbal notice given to the City Engineer. T+l+.�f eQ etntlC t of Esse t++if-M?�'cd 1a_nd rsf 7'g in, This Agreement will commence cm the effective date hereof, and will continue in operation until construction of the extension of Wall Street from fda11 Boulevard to the Fields Property(the"Wall Street Extension"), During the term of this Agreement,the City agrees to take action necessary to delineate a seventy(10)foot wide right of way for the Wall Street Extension. If the Well Street Extension has not been constructed by the second(2"4) anniversary of the effective date of this Agreement,the license to use the License Arca described in Exhibit C will terminate. Notwithstanding the foregoing, if the Wall Street Extension has not been constructed on or before the second(2'1)anniversary of the effective date of this Agreement,the City will grant to Fields prior to expiration of the license, an easement sufficient to provide for ingress, egress and installation of utilities servicing the Fields Property, Said easement will be comprised of the southerly fifty(50)Net of the City Property(the"Easement Areal. The Easement Area,when added to an adjacent twenty(20)fbot wide strip of property currently owned by Fields, will provide a seventy(70)foot wide access and utility way to serve the Fielder Property. Said easement will remain effective until the Wall Street Extension is comtrlete and.£irst opened for public use. 3,1 Eons` .=fgfailleiMent, Upon execution of this Agreeme tt by the parties,Fields and the City will jointly engage the services of Zell&Associates to appraise the fair market value of the Easement Area and that portion of the twenty(20) foot wide strip of property owned by Fields and described above that lies within the area delineated for the Wall Street Extension. The fee for said appraise!will be paid by, Fields. In consideration for the grant of the easement described in Section 3 above, Fields will pay to the City the difference between the appraised value of the Easement Area and the appraised value of that portion of the twenty(20)foot wide strip owned by Fields that lies within the delineation for the Wall Street Extension. Attached as Exhibit 1)is a map generally describing the areas of the delineation of the Wall Street Extension, the twenty(20)foot wide strip of property owned by Fields, and the Easement Area. 4. ledemnity. Fields indemnifies and holds harmless the City from any and all claims,harm or logs arising from or related to Fields'entry onto or use of the City Property. This duty to indemnify the City includes the duty to defend the City, at Fields' cost, from and against any such claims,harm or loss by counsel reasonably acceptable to the City. 5. ttomeyss'Fem. If any action, including action pursuant.to bankruptcy laws,is initiated to interpret or enforce the terms of this,Agreement,the prevailing party in such action shall be entitled,in addition to all other relief that may be granted,to an award of attorneys' fees and costs of action at trial and on appeal and review. FROM :LIEN `* iCIPEP PC=. FH : Na :5c13-E92 11.K Hoy. 2@o O •31PM P4 1tI13/2e©2 16:10 9e336,40000 RAMIS CREW FP-4E 04 6. Eatictlammentandinaltualarwahas This Agreement contains the entire understanding and agreement of the paries with regard to the subject matter hereof, and supercedes any and all prior, contemporaneous and subsequent • representations, statements, negotiations and discussions of the parties. This Agreement is binding on.the hears, successors and assigns of the parties hereto, and may not be amended or modified except by written instrument signed by the parties- EN WLTNESS WHEREOF,this Agreement has been signed by the parties effective the date first above written. THE CITY OF TIGARD, an Oregon municipal corporation By' ,,, L.02 �ir�— William A.Monahan, City Manager F W. Fields chitakurotclpaibraysackoo I.tow•Agbc111scK 400