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1998 04 29 - Cushman Wakefield Letter Cushman Sc Wakefield of California, Inc. �� 21700 Oxnard Street, Suite 1450 Woodland Hills, CA 91367 WMER L04, Tel: (818) 716-3000 Fax:(8 18) 716-3030 Improving your place in the world. April 29, 1998 Ms. Elizabeth Ann Newton City Of Tigard U)125 SW Hall Boulevard Tigard, OR 97223 RE: 8838 SW Burnham Street, Tigard, OR GTE Location 5530B01 Dear Ms. Newton: Attached please find a fully executed Licence Agreement granting the City of Tigard certain parking rights at the subject facility. Note that the location of the parking marked on Exhibit "A" has been changed per subsequent conversations. If you have any concerns with the final form of the Exhibit let me know. Please call me if you have any questions. I can be reached at 818-716-3023. Sincerely, Cushman & Wakefield of California, Inc. Jim Tousignant Account Manager GTE Real Estate Services Attached c: Kent Tiedeman-WA0101 LB - Everett,WA Cushman &Wakefield of California, Inc. CUSHVIAN & 21700 Oxnard S[r Suite 1450 Woodland Hills, CA 91367 WMEREL 09 TTI: (818) 716-3000 Improving your lace Fax:(818) 716-3030 P g 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 5530B01 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 marked 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 for 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 & Wakefield of 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 Df 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, :nc., 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 & Wa;Kefield of California, Inc., 21700 Oxnard St., Suite 1450, Woodland Hills, CA 91367. TIGAR D.DOC Cushman &Wakefield of California, Inc. February 15, 1998 Page 3 Very truly yours, hman & W efi Id of C ifornia, Inc. l -W Ga L. ansel Account Administrator GTE Real Estate Services AGREED: or City ofTigard ��orthwest Incorporated By: Lam -41 • ���oNi�h►9� By: Michael J. Baumann Title: _�� �, f11 Title: Manager, GTE Real Estate Services TIGARD.DOC W a. o 0 -tea m\ LLJ low A U � W Y W y ID w.J • r, rti r J ,�W