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Home My WebLink About2013-268 Permit Right of Entry - SOU Jackson County Official Records 2013-028344 R-N Cnt=1 MORGANSS 08/19/2013 12:48:27 PM S20,00$10.00 $8.00 St 1.00s15.00 Total:$67.00 RECORDING COVER SHEET $3.00 PER ORS 205.234 III III I III I II III II01593829201300283440040048 I I, Christine Walker, County Clerk for Jackson County, Oregon, certify THIS COVER SHEET HAS BEEN PREPARED BY THE PERSON that the instrument identified herein was recorded in tha Clark records. PRESENTING THE ATTACHED INSTRUMENT FOR RECORDING Christine Walker - County Clerk ANY ERROS IN THIS COVER SHEET DONES NOT AFFECT THE TRANSACTION(S) CONTAINED IN THE INSTRUMENT ITSELF. AFTER RECORDING RETURN TO: Name and address of the person authorized to receive the instrument after recording, as required by ORS 205.180(4) and ORS 205.238 Barbara Christensen, City Recorder 20 E Main Street Ashland OR 97520 1. NAMES OF TRANSACTION(S), described in the attached instrument and required by ORS 205.234(A) Note: Transaction as defined by ORS 205.010 "means any action required or permitted by state law or rule federal law or regulation to be recorded including, but not limited to, an ansfer I / S/1 //!i{~ • PjwJG 2. Grantor(s) as described in ORS 205.160 3. Grantees(s) as described in ORS 205 60 4. TRUE AND ACTUAL CONSIDERATION PAID for instruments conveying or contracting to convey fee title to any estate and all memoranda of such instruments, reference ORS 93.030 5. UNTIL A CHANGE IS REQUESTED, ALL TAX STATEMENTS SHALL BE SENT TO THE FOLLOWING ADDRESS: for instruments conveying or contracting to convey fee title to any real estate reference ORS 93.260 PERMIT AND RIGHT OF ENTRY 1. PARTIES This Agreement is entered effective June 12 2013 by and between the following parties: GRANTEE: GRANTOR: City of Ashland Southern Oregon University. Public Works Department 51 Winbum Way Ashland, OR 97520 II. RECITALS A. Grantor is owner of property located on T39SRIESIOTL100 on Iowa Street in, Ashland, Oregon ("Property"). B. Grantee and its contractors wish to access the Property to conduct measurement and testing of the existing well ("City Project") located on the Property. C. Grantor is willing to grant to Grantee a permit and right of entry to the Property for purposes of measurement and testing of the existing well. JII. AGREEMENT NOW THEREFORE, in consideration of the foregoing and the mutual promises and covenants contained herein, the parties agree as follows: 1. RIGHT TO USE PREMISES Grantor hereby grants to Grantee the right to enter upon and use the area in and around the production well on the Property for the sole and limited purposes of observation, measurement and testing of the well by Grantee's contractors. Measurement and testing may consist of: a) down hole scan to evaluate blockage of the well; b) activities to remove blockage of the well; c) temporary installation of a pump and piping to perform a 24 hour pumping test; d) performance of a 24 hour pumping test; and e) discharge of water from well onto ground at property., 2. TERM OF PERMIT The term of this Permit shall commence June 13, 2013, and shall, except as otherwise provided, terminate 9 Q calendar days thereafter. 1 3. SPECIAL. CONDITIONS (a) Except for use of the Property as described in Sections I and 2, Grantee has no authority or right to otherwise enter the Property. (b) Grantee shall secure any and all necessary governmental permits in order to allow the permitted use. (c) Grantee shall provide a copy of this Permit and Right of Entry to and shall be responsible for adherence to the terms and conditions contained herein by its contractors, employees, agents and representatives who will access Property in accordance with this Pen-nit. (d) Grantee shall be fully and solely responsible for the safety of its personnel and those of its contractors and suppliers in connection with their use of the Property. 4. CONDITION OF PREMISES Grantor makes no warranty, guarantee or representation concerning the physical condition of the Property or the suitability of the Property or any of Grantee's intended uses. 5. COORDINATION Grantee shall coordinate its activities on the Property with Grantor to minimize any inconvenience or disruption to Grantor. 6. WASTE, REMOVAL OR DEMOLITION Grantee shall not cause or permit any waste or damage to the Property or the improvements thereon and shall not remove or demolish, in whole or in part, any existing improvements, trees or vegetation on the Property without the prior written approval of Grantor. 7. INDEMNITY; REIMBURSEMENT FOR DAMAGE Grantee agrees to defend, indemnify, and hold harmless Grantor from and against, and reimburse Grantor for, any and all actual or alleged claims, damages, expenses, costs, fees, fines and/or penalties ("Costs") which may be imposed upon or claimed against or incurred by Grantor or its representatives in the defense of any claim or suit relating to such injury or damage and which, in whole or in part, directly or indirectly, arise from or are in any way connected with any of the following during the term of this Permit, except to the extent resulting from Grantor's negligence or misconduct: (i) any act, omission or negligence of Grantee; (ii) any use, occupation, management or control of the Property by Grantee, whether or not due to Grantee's own act or omission and whether or not occurring on the Property; (iii) any breach, violation] or nonperformance of any of Grantee's obligations under this Permit; and (iv) any damage caused by Grantee on or to the Property. For purposes of this Section 7, "Grantee" shall be deemed to include Grantee and Grantee"s officers, directors, agents, employees, invitees and/or contractors. 8. NO BENEFIT TO THIRD PARTIES Grantor and Grantee are the only parties to this Permit and as such are the only parties entitled to enforce its terms. Nothing in this Permit gives or shall be construed to give or provide any benefit, direct, indirect, or otherwise, to third parties unless third parties are expressly described is intended to be beneficiaries of its terms. 9. COMPLIANCE WITH LAW C■ Grantee shall conduct its activities under this Permit in compliance with all applicable state, federal, and local laws, regulations, and agency guidance documents. 10. DUTIES UPON TERMINATION Upon termination of this Permit, Grantee shall repair any damage to the Property caused by Grantee's use or activities; shall restore the Property to its condition of the commencement of this Permit, and shall remove from the Property all of Grantee's property, including equipment, materials and debris. 11. ENTIRE AGREEMENT This Permit represents the entire agreement between the parties with respect to the subject matter of this Permit, and supersedes all prior agreements, written or oral. No amendment to this Permit shall be effective unless in writing and signed by the parties hereto. 12. COUNTERPARTS; SIGNATURES BY FACSIMILE OR PDF This Permit may be executed by the parties in facsimile or PDF counterparts, each of which shall be deemed an original document but which together shall constitute a single instrument. 13. AUTHORITY Each individual executing this Permit represents and warrants that he or she has full and complete authority to agree with the terms of this Permit on behalf of the party he or she represents and to bind such party hereto. GRANTEE: GRANTOR: CI Y OF ASHLA D Southern Oregon Unive •si BY. By. Title: Crry konia S Yt~co12 Title.rec~~r tic,\,~ oS {R/~c 45c d AP OVE 0 FORM Si n pure i - I9L-13 Date