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Home My WebLink AboutFlood Hazard Area Maintenance Housing Auth Jackson County Official Records 2021-050687 S_A Stn=16 MORGANSS 12/13/2021 12:48:39 PM $20.00$10.00$13.00$11.00$11.00 $129.00 $60.00$4.00 I,Christine Walker,County Clerk for Jackson County,Oregon,certify that the instrument identified herein was recorded in the Clerk records. Christine Walker-County Clerk REVOCABLE LICENSE AGREEMENT City of Central Point Special Flood Hazard Area Maintenance DATE: November 1, 2019 BETWEEN: Housing Authority of Jackson County, ("Owner") 2251 West Table Rock Road Medford, Oregon 97501 AND: City of Central Point,Oregon ("Licensee") An Oregon municipal corporation 140 South Third Street Central Point,Oregon 97502 RECITALS A. Owner is the owner of certain real property located in Jackson County (City of Central Point), Oregon, and commonly known as Township 37 South, Range 2 West, Section 10AC, Tax Lot 1300 and the southwestern 0.31 acres of Tax Lot 1200 (collectively,"the subject property"). The subject property is approximately 0.64 acres in size,is undeveloped and is located within the designated FEMA floodway. A more particular description of the subject property is attached hereto as Exhibit"A". B. Owner is also the owner of certain real property located in Jackson County(City of Central Point), Oregon and commonly known as Township 37 South, Range 2 West, Section 10AB,Tax Lot 5700,Township 37 South,Range 2 West, Section IOAC,Tax Lots 1100 and 1200, excluding the aforementioned southwestern 0.31 acres (collectively, the Residential Property"). Owner has an existing residential multi-family development located on the Residential Property. C. Licensee desires to make limited alterations to the subject property and perform long term maintenance on the subject property in order to improve the functionality of the designated floodway and associated flood plain in order to protect public health and neighboring property owners from flood related property damage("the Work"). D. The parties desire to enter into this Agreement in order to permit Licensee to perform the Work. AGREEMENT In consideration of the mutual promises, covenants and undertakings of the parties herein contained,the parties hereby agree as follows: 1. Recitals. The above-stated Recitals are incorporated herein and deemed a material part of this Agreement. REVOCABLE LICENSE AGREEMENT CENTRAL POINT,OREGON Page 1 of 3 REVOCABLE LICENSE AGREEMENT City of Central Point Special Flood Hazard Area Maintenance DATE: November 1, 2019 BETWEEN: Housing Authority of Jackson County, ("Owner") 2251 West Table Rock Road Medford, Oregon 97501 AND: City of Central Point, Oregon ("Licensee") An Oregon municipal corporation 140 South Third Street Central Point, Oregon 97502 RECITALS A. Owner is the owner of certain real property located in Jackson County (City of Central Point), Oregon, and commonly known as Township 37 South, Range 2 West, Section I OAC, Tax Lot 1300 and the southwestern 0.31 acres of Tax Lot 1200 (collectively, "the subject property"). The subject property is approximately 0.64 acres in size, is undeveloped and is located within the designated FEMA floodway. A more particular description of the subject property is attached hereto as Exhibit "A". B. Owner is also the owner of certain real property located in Jackson County (City of Central Point), Oregon and commonly known as Township 37 South, Range 2 West, Section I OAB, Tax Lot 5700, Township 37 South, Range 2 West, Section l OAC, Tax Lots 1100 and 1200, excluding the aforementioned southwestern 0.31 acres (collectively, the Residential Property"). Owner has an existing residential multi -family development located on the Residential Property. C. Licensee desires to make limited alterations to the subject property and perform long term maintenance on the subject property in order to improve the functionality of the designated floodway and associated flood plain in order to protect public health and neighboring property owners from flood related property damage ("the Work"). D. The parties desire to enter into this Agreement in order to permit Licensee to perform the Work. AGREEMENT In consideration of the mutual promises, covenants and undertakings of the parties herein contained, the parties hereby agree as follows: 1. Recitals. The above -stated Recitals are incorporated herein and deemed a material part of this Agreement. REVOCABLE LICENSE AGREEMENT CENTRAL POINT, OREGON Page i of 3 2. Temporary Revocable License. The right to perform the Work on the subject property and the right of occasional ingress and egress over and across the Residential Property in order to perform the Work is a temporary revocable license, which may be canceled at any time without advance notice to Licensee in the sole discretion of Owner ("the License"). Licensee shall not have any interest in the subject property or any other right in law or in equity concerning the subject property. 3. Indemnification. In consideration of the terms and conditions of this Agreement, Licensee, on its own behalf and on behalf of any employee, contractor or agent of Licensee, does hereby agree to indemnify and hold Owner harmless, including the reasonable cost of Owner's legal defense, from any claim for personal injury, property damage or any other action by Licensee relating to the condition of the subject property and any activities on the subject property by the foregoing. In the event the Residential Property is damaged as a result of Licensee's ingress/egress over and across the Residential Property, Licensee, at Licensee's sole expense, shall cause such damage to be promptly repaired. 4. Consideration. In consideration of Owner granting the License, Licensee shall perform work on the subject property, including potential alterations/improvements and maintenance, to improve the functionality of the floodway. Subject to the indemnification provisions set forth in Section 3, Owner agrees to waive any claim or action against the City for the Work or the condition of the subject property except for claims or actions arising out of willful, intentional or negligent conduct by the City, its agents or employees. In the event the License is cancelled, Owner shall be solely responsible for maintaining the subject property in conformance with all applicable Special Flood Hazard Area (SFHA) codes, regulations, rules, statutes and laws. 5. Miscellaneous Provisions. 5.1 Assignment. Licensee's rights and obligations under this Agreement shall not be assigned to any third party. 5.2 Attorney Fees. In any proceeding brought to enforce this Agreement or to determine the rights of the parties under this Agreement, the prevailing party shall be entitled to collect, in addition to any judgment awarded by a court, its reasonable attorney fees incurred, and all costs and expenses incurred in connection with such a lawsuit, including attorney fees, expenses of litigation, and costs of appeal. For purposes of this Agreement, the prevailing party shall be that party in whose favor final judgment is rendered or who substantially prevails, if both parties are awarded judgment. The term "proceeding" shall mean and include arbitration, administrative, bankruptcy, and judicial proceedings including appeals. 5.3 Notices. Notices under this Agreement shall be in writing and shall be effective when actually delivered by hand delivery, electronic correspondence, facsimile or United States mail directed to the other party at the address set forth below, or to such other address as the party may indicate by written notice to the other: Owner: Housing Authority of Jackson County REVOCABLE LICENSE AGREEMENT CENTRAL POINT, OREGON Page 2 of 3 c/o Dianna Berry 2251 West Table Rock Road Medford, Oregon 97501 dianna(&.haic.net Licensee: City of Central Point c/o Matt Samitore 140 South Third Street Central Point, Oregon 97502 matt. samitorena.centralt)ointoreeon. Rov 5.4 Amendment. This Agreement may be amended only by written instrument executed by the parties. 5.5 Applicable law. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. 5.6 Counterparts. This Agreement may be executed by the parties in separate counterparts. For the purposes of this Agreement, a facsimile or electronic copy of a signature shall have the same force and effect as an original signature. IN WITNESS WHEREOF, the parties have executed this Agreement effective as the date first set forth above. OWNER: HOUSING AUTHORITY OF JACKSON COUNTY: lf,e By: LICENSEE: CITY OF CENTRAL POINT: By: Civ'►iS C'Ae.m+c�✓n Its: rnwnc•.-c.✓' v V REVOCABLE LICENSE AGREEMENT CENTRAL POINT, OREGON Page 3 of 3 ^��i'J�� aS 8 S�Y Ila 1500 lo 1600 2 ttaf � 10 6. 11400 1.35 Am ioi ttSHN 37 RlixSa7 tV'}ggCj IQ}(J Q TTflS,MAPIS�U 1i 6CA*H.Ptt1iP.0IFSbK, Y" N� NO IIABITT IS ASSOIQED &117AjilA7"101 D?SCi OSED $Y. SURVEY,: bkNCY:IiECORDS 110 S AIM@STCdtP•,1Sm F M' CS 20150 C40MONUM OM 1100 TERMN ATED 20„aaf0al 0.90AC. REVOCABLE LICENSE AGREEMENT CENTRAL POINT, OREGON Page 4 of 3 3 ' 1700°+ as 'a. 4 1800 , • �s• „' 2000 .a`` so, 1200 1300 1.96 AC. 10 1900 5500 0.33 AC. t.6-2 i a ur 5 A a ` t� w 5600 ,e- .,� Z, SSW. CO' . r s a ii DLC. 53 us NJa' •2l„ cw,coR. v.so.NJx, Hw. eoR. arrowT /EUTfE ORCHARDS 3100 t 570010 _..— �— .4. 8200 =SNOW' 3200 1 nfr ....... v�5400 �.... 7 ,2S ' .............. 1.00 AC. � =0.41 6-28 � Tf• 8300 5800 AC. � & s: — 2 A 2 29 gw � N • HSJa• ' n + t' 5300 5900 _ . _ _ —._"' _ ` 27r it CS &' � 8100 A -5420 3 28 ,sees /2T 9 1.00AC. O .fidT2W 5200 6000 / a ,f. Tajo �� 27 x 8900 ` 10 CS -1200 2 ' � ,:r 6100 . CS -1785 5100 $ Q of 9000 ��?°' o us- 11 8102 .°7 Z6 ,2r 1.00 AC. � 3 5000 + 0. 6200 § $ ( ,2r 12 9100 REVOCABLE LICENSE AGREEMENT CENTRAL POINT, OREGON Page 4 of 3