Open Air Beaverton Permit Terms and Conditions
Terms and Conditions
The following terms and conditions also apply to all issued permits:
- Use of Permitted Area. The permitted area is to be used for the sole purpose of the Permittee’s food service, drink service, or business activities. The City reserves the right to revoke the permit at any time for noncompliance. The City may modify the boundaries of the permitted area or revoke a permit that creates an obstruction to, or causes congestion of, pedestrian or vehicular traffic on the surrounding public right of way, or if it finds the installation represents a danger to the health, safety or general welfare of the public.
- Permit Term. The permit will begin when it is granted by the City until further notice. (“Term”), unless the City terminates the permit earlier by giving written notice to the applicant that receives the permit (“Permittee”).
- Barriers. Permittees must maintain all City-installed barriers and the required spacing.
- Inspections. The City may inspect, without notice, a Permittee’s expansion for compliance with program regulations. For life-safety issues, the City reserves the right to take corrective action without notice to the applicant. For other corrective action, the City will provide written notice that the applicant has 3 days to come into compliance or the City may revoke the permit.
- Maintenance. Permittee shall maintain the permitted area, and all areas immediately adjacent to the permitted area, in a good, clean and safe condition. Permittee will remove food, debris, litter, grime, or graffiti from the permitted area daily. On a weekly basis, Permittee will rinse the permitted area and remove any debris that impedes drainage flow along the curb and gutter of the permitted area. Food and litter shall be kept out of the public storm drain. At the end of the Term, Permittee shall remove all personal property from the permitted area.
- Restoration. When the Term ends, Permittee will restore the permitted area as near as possible to the condition before entry.
- Non-interference. Permittee shall not interfere with the City right of way surrounding the permitted area or any City operations in the right of way.
- Waiver, Indemnification and Insurance (for public right of way requests only). Proof of the following is required prior to the issuance of a program permit:
- Waiver. In consideration for the grant of the permit, Permittee stipulates and agrees that Permittee shall have no claim or cause of action against City or City’s employees or agents, and City and City’s employees or agents shall in no event be liable, for any loss or damage suffered or incurred by Permittee or those using the permitted area (including, without limitation, employees, agents, contractors, customers, service suppliers, guest or invitees of Permittee) arising out of the installation, maintenance, repair, or location of the permitted area. This waiver includes, without limitation, waiver of liability for death; personal injury; theft; loss or damage to motor vehicles; loss or damage of property; business interruption; lost profits; or consequential damages. All of Permittee’s personal property, shall be there at the risk of Permittee, and the City, and the City’s agents and employees, shall not be liable for any damage, theft, or misappropriation of Permittee’s personal property.
- Indemnification. Permittee indemnifies and holds harmless City or City’s managing agents, from and against any and all loss, cost, claim, damage, injury and liability, including reasonable attorneys’ fees and costs of litigation at trial and on appeal relating, directly or indirectly, to the permitted area or this License that is: i) suffered by Permittee and employees, against, contractors, customers, service suppliers, guest or invitees of Permittee; or ii) caused by the act or omission, negligent or otherwise, of Permittee or the employees, agents, contractors, customers, services suppliers, guests or invitees of Permittee. Permittee is not obligated to indemnify, defend, and hold harmless the City against losses, costs, claims, suits, actions, damages, liabilities, and expenses that arise exclusively from the gross negligence or willful misconduct of the City.
- Insurance. Permittee shall, at its sole cost and expense, maintain comprehensive commercial general liability insurance, including coverage for bodily injury, personal injury (employee and contractual liability exclusions deleted), contractual liability, owner’s protective liability and broad form property damage, with premiums fully paid on or before the due date, such insurance to afford minimum protection of not less than one million dollars ($1,000,000) per occurrence, and two million dollars ($2,000,000.00) combined single limit coverage for bodily injury, property damage, personal injury, or a combination thereof.
All insurance shall be issued by and binding upon an insurance company(ies) authorized and admitted to do business in Oregon, rated A or better in the most current issue of Best’s Key Rating Guide and shall be otherwise satisfactory to City. Permittee shall provide City with a current certificate of insurance evidencing Permittee’s compliance with this condition prior to issuance of permit. The certificate of insurance shall name the City as an additional insured and provide that the insurance may not be canceled or altered except upon thirty (30) days’ prior written notice to the City.
Submit your certificate of insurance to MailboxCDDOpenAir@BeavertonOregon.gov.
- Defects (for public right of way requests only). The Permittee agrees to inspect and report to the Program Manager in a timely manner any defects in the permitted area.