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Home My WebLink About1999-089 Permit - Sid DeBoer CITY OF ASHLAND PUBLIC RIGHT-OF-WAY ENCROACHMENT PERMIT A. Permittee Name: Sidney B. DeBoer Address: 234 Vista Street Ashland OR 97520 B. Premises: Glenview DriveNista Street TL 391E9BC-6900 (city) & 6901 C. Permit begins: April 30, 1999 D. Payment: N/A E. Purpose: Install a maximum of two (2) off street parking spaces in accordance with conditions shown on Exhibit A. 1. DESCRIPTION OF PREMISES: City permits Permittee to use the property described in Box B above ("the premises") on the terms and conditions stated below. 2. TERM: This permit shall begin on the date specified in Box C above and continue until terminated as provided in paragraph 10. 3. PAYMENT: Permittee shall pay City each month on the first day of each month while this permit is in effect for the use of the premises the sum specified in Box D above. If the permit does not begin on the first day of a month then payments for the first and last months of the permit shall be prorated on a daily basis. Payments shall be paid to the City at the Finance Department, City Hall, 20 East Main Street, Ashland, Oregon, or at such other place or to such other person as City may designate. 4. PURPOSE: The premises shall not be used for any other purpose than stated in Box E above. Permittee shall not use or allow the premises to be used for any unlawful purpose whatsoever. 5. INDEMNIFICATION. Permittee shall defend, indemnify and save the City of Ashland, its officers, agents, and employees harmless from any losses, claims, expenses, judgments, or other damages resulting from injury to any event participant or other person or damage to property, of whatsoever nature, arising out of or incident to this permit. 6. IMPROVEMENTS. Except for the purposes described in Box E above, no improvements shall be placed in or on the premises, and no alterations shall be made on the premises without the prior written consent of City. All improvements shall be made at the sole expense of Permittee. All improvements made by Permittee on the premises shall be and remain the property of Permittee. Permittee shall secure all necessary permits and licenses required in connection with the premises and shall comply with all federal, state, and local statutes, ordinances, and regulations that may concern, in any way, Permittee's use of the premises. 7. TAXES, UTILITIES, MAINTENANCE. Permittee shall be responsible for all taxes and assessments, if any, on all real and personal property and improvements on the premises, including real property belonging to City. Permittee shall pay for all utility services furnished to the premises. Permittee shall, at its sole expense, keep and maintain the premises at all times in a orderly, clean, and safe condition. PAGE 1 ENCROACHMENT PERMIT (G:Dawn%Engineer~Encroach~391EgBC 6900 Parking)(Rev'd 9/94) 8. ASSIGNMENT. The provisions of this permit and all of its obligations and rights shall bind any assignee or legal successor of Permittee, and any purchaser or transferee of any interest of Permittee's in the property described in box E above. Permittee shall execute and acknowledge a memorandum of this permit as it affects the property described in Box E above in a form suitable for recording, and City may record the memorandum. 9. RIGHT OF ENTRY. City specifically reserves the right to enter and occupy the premises upon failure of Permittee to comply with any provision of this permit. City also reserves the right to enter the premises for purposes of inspection and to determine whether Permittee is complying with the provisions of this agreement and to perform acts necessary or proper for the protection, preservation, maintenance, reconstruction, and operation of the public right-of-way. 10. TERMINATION. In the event of breach of any of these permit terms, City shall have the right to immediately terminate this permit, to re-enter and repossess the premises, and to hold the same as though this permit had never been made or issued. In addition, this permit may be terminated as to all or part of the premises when needed for public purposes, or when the City determines that it is in the public's best interest, upon giving of a 30-day written notice to Permittee of its intent to terminate same. In the event of such termination, Permittee waives its rights to make a claim for any losses or damages suffered thereby. In the event of termination, regardless of how effected, Permittee shall, by the date of the termination, peaceable and quietly leave, vacate completely and surrender the premises, removing those improvements and fixtures placed or made by Permittee. If any improvements or fixtures are not removed from the premises and the premises are not completely vacated by the termination date, City may proceed to remove the same, and Permittee shall pay City, upon demand, the reasonable cost to City of such removal. 11. WAIVER. Time is of the essence of every provision of this permit. Failure of City to object to the violation of any provision of this permit shall not be deemed a waiver by City of a subsequent similar breach or of City's right to demand strict performance by Signed: ~/Z/'~~/ Permittee" Sidney B. DeBoer Date: J-/,9/.~/~/~ Permit granted this //day of e/~ter,~s Permittee to use the premises on th ,199._.~_, for the above named specified above. D~e~~~ a C. Brown PAGE 2 ENCROAC~%'IENT PEP. NIT (G:Dawn\Engineer~Encroach\391E9BC6900Parking)(Rev'd9/94) EXHIBIT A CONDITIONS FOR CONSTRUCTION OF PARKING SPACES ON LOT 391E9BC- 6900. The following terms and conditions shall apply to the encroachment permit for the construction of two parking spaces: Parking shall be for compact passenger vehicles only. No truck or delivery vehicle parking will be allowed. No portion of a parked vehicle shall extend into the vision clearance triangle which extends 25 feet from the back of the sidewalk at the intersection.\ No portion of a parked vehicle shall be allowed to remain closer than two feet from the edge of the traveled portion of Glenview Drive. 4. Parking will be limited to a maximum of two compact vehicles. 5. No parking enforcement will be made by the City of Ashland. 6. The parking spacemay be graveled by shall not be paved. PAGE 3 ENCROACHMENT PERMIT (G:Dawn\Engineer~Encroach\391E9BC 6900 Parking)(Rev'd 9/94) CITY OF ASHLAND ' ~ CITY HALL ASHLAND, OREGON 97520 TO: BARBARA CHRISTENSEN CITY RECORDER NOTICE OF TRANSMITTAL DATE: PROJECT: JOB NO.: SUBJECT: July 7, 1999 DOCUMENT FILING ENCROACHMENT PERMIT THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Public right of way encroachment permit for filing. ENCLOSED X UNDER SEPARATE COVER REMARKS: This document does not require recording. COPIES TO: Department of Public Works Engineering Department By: Jim Olson Title: Engineering Services Manager (G:dawn\NOT)