1998 02 15 - Cushman Wakefield Letter Cushman &Wakefield of California, Inc. CUSHVIAN &
1700 Oxnard Street, Suite 1,150
Woodland Hills, CA 91367 WAKEF'lEL.D,D
Tel: (81 8) 716-3000
Fax:(818) 716-3030 Improving your place
in the world.
February 15, 1998
Ms. Elizabeth Ann Newton
City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
Re: 8838 SW Burnham Street, Tigard, OR
GTE Location 553OB01
Dear Ms. Newton:
This letter shall confirm the terms of the agreement, by and between GTE
Northwest Incorporated ("Licensor') and City of Tigard ("Licensee") to grant City
of Tigard a revocable License to utilize eight (8) spaces in the parking lot
commonly associated with 8838 SW Burnham Street, Tigard, OR, ("Licensed
Premises") for marked City inspectors' vehicles as well as associated access
driveways for marked City inspector vehicles and ,.larked police vehicles, as
marked on Exhibit A. This license is granted upon the following terms and
conditions:
1. The Licensed Premises may be used only by the employees of
Licensee for the parking of City vehicles. The Licensed Premises may not be
used fcr car washing or non-emergency repair of vehicles.
2. This License shall be on a month-to-month basis, commencing
January 1, 1998. This License may be canceled upon thirty (30) days written
notice by either party.
3. In consideration of Licensor granting this License to Licensee,
Licensee shall pay to Licensor ten (10) percent of all repair and maintenance
costs for the parking lot, not to exceed $7,500 in 1998-99.
4. Licensee may not assign this agreement or any rights hereunder to
any other party without Licensor's prior written consent, which consent may be
granted or withheld in Licensor's sole discretion.
TIGARD.DOC
Cushman &Wa-k-efield or California, Inc.
February 15, 1998
Page 2
5. Subject to the limits of Oregon law, Licensee shall indemnify and
save Licensor free and harmless from any and all claims, damages, costs and
expenses (including, without limitation, attorney's fees) on account of any injury,
including death, to any person or persons (including employees and invitees of
Licensee) or damage to property belonging to Licensor as well as to property
belonging to third persons (including employees and invitees of Licensee)
resulting in any manner directly or indirectly from or in conjunction with the use
of the Licensed Premises by Licensee, its employees or other invitees except as
may arise from the gross negligence or intentional act of GTE and its employees
and invitees. Licensee further agrees to obtain and maintain throughout the term
of this agreement public liability insurance coverage in an amount not less than
$500,000 for property and $500,000 for the death or injury of one person and
$1,000,000 for any one accident or casualty. Such insurance shall name GTE
Northwest Incorporated as an additional insured. Licensee shall provide Licensor
with a certificate of insurance evidencing such insurance prior to commencement
of this License.
6. Licensee and Licensor hereby disclaim any intention to create by
this agreement, or otherwise, a lease, joint venture or partnership; it being
understood and agreed that Licensor has, by this agreement, granted only a
revocable License for parking purposes.
7. Licensee acknowledges that Licensor is granting this License to
use the Licensed Premises in its current condition. Licensee shall be liable to
Licensor for the cost of repair of any damage to any portion of the Licensed
Premises caused by Licensee, its employees or invitees in excess of ordinary
wear and tear.
8. All notices to be given by Licensee to Licensor shall be delivered to
the following address: GTE Northwest Incorporated, c/o Cushman & Wakefield of
California, Inc., 21700 Oxnard Street, Suite 1450, Woodland Hills, CA, 91367,
Attn: License Administrator. All license fees pursuant to this License shall be
made to GTE Northwest Incorporated, c/o Cushman & Wakefield of California,
Inc., 21700 Oxnard Street, Suite 1450, Woodland Hills, CA, 91367.
Please indicate your agreement to the foregoing by signing below and returning
the same to GTE Northwest Incorporated, c/o Cushman & Wakefield of
California, Inc., 21700 Oxnard St., Suite 1450, Woodland Hills, CA 91367.
TIGARD.DOC
Cushman &Wakefield of California, Inc.
February 15, 1998
Page 3
Very truly yours,
hman & W efi Id of C ifornia, Inc.
LLsel Ga L.
Account Administrator
GTE Real Estate Services
AGREED:
or City ofTigard ,�6rthwest Incorporated
By: Z .. 1, Mely ►-� * By: Michael J. Baumann
Title: (ft f,-/ /11� 1g�:e4 Title: Manager, GTE Real Estate
Services
TIGARD.DOC
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