REVOCABLE PERMIT

FOR THE INSTALLATION OF A DRINKING FOUNTAIN

IN WALLACE PARK

This Revocable Permit is by and between the City of Portland, Oregon (City), a municipal corporation of the State of Oregon acting through its Bureau of Parks and Recreation (Parks) and the Joanne Louise Deitz Revocable Trust.

WHEREAS, City is the owner of certain real property known as Wallace Park (Park), located in NW Portland on land legally described as R-3310-3380-35, in Portland, Multnomah County, State of Oregon.

WHEREAS, the Joanne Louise Deitz Revocable Trust wishes to install a Drinking Fountain in the Park and donate it to the City.

WHEREAS, the City has agreed that the Joanne Louise Deitz Revocable Trust can, with certain conditions, enter the Park and install the drinking fountain in the location approved by the City.

WHEREAS, the Joanne Louise Deitz Revocable Trust has applied to the City for necessary permits; and

WHEREAS, the Joanne Louise Deitz Revocable Trust has agreed to take responsibility for finishing the construction as approved by the City and Park’s Project Manager;

NOW, THEREFORE, City and Permittee agree that:

1.  The Joanne Louise Deitz Revocable Trust (hereinafter referred to as Permittee) shall be granted a permit to construct a drinking fountain and reconfigure the pathway, as shown on the attached Exhibit A, in accordance with plans and specifications approved by Portland Parks & Recreation. The Permittee shall secure the services of a licensed contractor, who must be approved by the City, to direct the construction of the improvements.

2.  The Permittee has engaged Pat O'Brien of O'Brien Constructors to manage the construction. The Park’s Project Manager will be Gary Woodruff, 503-823-5593, or such other person as shall be designated in writing by the Director of Portland Parks and Recreation.

Terms & Conditions of Work to be Performed

3.  The Director of Portland Parks & Recreation or designee shall have final authority to approve or disapprove any change orders affecting the design or materials used in construction.

4.  The Permittee or his contractor shall not damage existing park improvements in Wallace Park. The Permittee or his contractor shall, upon completion of the drinking fountain and pathway, remove all construction materials and equipment and restore the site to original or better condition than it was in at the time this permit was granted. Restoration of the site will be completed within thirty (30) days of completion of the drinking fountain to the satisfaction of Portland Parks and Recreation.

5.  In addition to normal utility locates, the Permittee or his contractor is required to contact Michael Van Yserloo, Park Operations, 503-823-1607, for Park utility locates. Allow three working days prior to construction to assure park utilities are properly located.

6.  Prior to beginning work at the site, a pre-construction meeting at the site is required between the contractor and the Project Manager. The contractor will notify the City's Project Manager at least three working days prior to beginning work.

7.  The Permittee certifies that he has sufficient funds available to finance the cost of constructing the fountain and pathway and contribute to its maintenance.

8.  The improvements shall be owned by the City of Portland once the installation is completed by the Permittee and accepted by the Director of Portland Parks and Recreation at which time the Permittee will voluntarily transfer all ownership rights, title and interest in the improvements to the City. Thereafter the City will wholly own the improvement.

9.  The Permittee and his contractor shall pay timely all suppliers, lessors, and contractors providing them services, materials or equipment for carrying out work under this permit. The Permittee and his contractor shall not, by their acts or omissions, cause the City to be subject to any claims or liens of any person without the prior written consent of the Director of Portland Parks and Recreation.

10.  In connection with its activities under this permit, the Permittee shall comply with all applicable federal, state and local laws and regulations.

Revoking the Permit

11.  This permit shall be revoked automatically if the project is not completed and accepted by the City by February 15, 2003. If this permit is revoked and the project is not yet competed, the Permittee shall be liable for completion of the project.

12.  Except as provided in this section, this permit is revocable at any time by the City of Portland, and no expenditure of funds nor installation of improvements nor any other reliance on this permit, nor any lapse of time, nor any other act or thing shall act as an estoppel against the City of Portland, nor shall it alter or diminish the City's right to revoke this permit. The failure of the Permittee or his contractor to comply with the requirements or limitations imposed upon them by this permit shall be cause for the revocation of the permit. Otherwise, the City will revoke the permit only upon an express finding by the Council, after notice to and opportunity for the Permittee to be heard that in good faith it is necessary to the public interest to revoke the permit.

Liability and Insurance Requirements

13.  The Permittee shall require its contractor and subcontractors, if any, to hold harmless, defend, and indemnify the City of Portland and its officers, agents and employees against all claims, demands, actions, and suits (including attorney fees and costs) brought against any of them arising from the acts or omissions of the Permittee ‘s contractor acting under this permit, including appeals.

14.  O’Brien Constructors shall maintain public liability insurance that protects the Permittee and the City and its officers, agents and employees from any and all claims, demands, actions and suits for damage to property or personal injury, including death, arising from work done under this permit. The insurance shall provide coverage for not less than $200,000 for personal injury to each person, $500,000 for each occurrence, and $500,000 for each occurrence involving property damage; or a single limit policy of not less than $500,000 covering all claims per occurrence. The limits of the insurance shall be subject to statutory changes as to maximum limits of liability imposed on municipalities of the State of Oregon during the term of the permit. The insurance shall be without prejudice to coverage otherwise existing and shall name as additional insureds the City of Portland and its officers, agents and employees. Notwithstanding the naming of additional insureds, the insurance shall protect each insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable is only one person or interest had been named as insured. The coverage must apply as to claims between insureds on the policy. The insurance shall provide that coverage shall not terminate or be canceled without thirty (30) days written notice first being given to Portland Parks & Recreation. If the insurance is canceled or terminated prior to completion of the term of the permit, the Permittee’s contractor is to provide a new policy with the same terms and conditions. the Permittee’s contractor shall maintain continuous, uninterrupted coverage for the duration of this permit and any extension of the Permittee’s involvement with the Park.

15.  O’Brien Constructors shall maintain on file with Portland Parks and Recreation, certificates of insurance certifying the coverage required under this permit. The adequacy of the insurance shall be subject to the approval of the City Attorney.

16.  O’Brien Constructors shall obtain and maintain worker's compensation insurance for all of their workers and employees either as a carrier-insured employer or as a self-insured employer, as provided by Chapter 656 of the Oregon Revised Statutes, before commencing work under this permit. If the Permittee’s contractor is either defined under that chapter as non-subject workers or are not defined under that Chapter as subject workers, they shall elect and obtain workers' compensation insurance under ORS 656.039 before commencing work under this permit. A certification of insurance, or copy thereof, shall be on file with the Planning & Development Division of Portland Parks and Recreation. The Permittee’s contractor shall further agree to maintain their workers' compensation insurance coverage throughout the duration of the work to be performed under this permit.

17.  Any notice provided for under this permit shall be in writing and delivered personally to the following addressee or deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed as follows:

IN WITNESS WHEREOF, the parties have executed this Revocable Permit in duplicate, a signature of Permittee being by authority of its Board of Directors and a signature of City being by authority of its City Council.

For Permittee:

Mr. James W. Deitz  Date

Joanne Louise Deitz Revocable Trust

For City:

Charles Jordan  Date

Director

Portland Parks and Recreation

APPROVED AS TO FORM

Deputy City Attorney