HomeMy WebLinkAbout1995-002 Permit - OSF CITY OF ASHLAND
PUBLIC RIGHT-OF-WAY ENCROACHMENT PERMIT
A. Permittee name:
Address: Oregon Shakespeare Festiva]
15 S. Pioneer St.
Phone: (503) 482-2111
B.Premises (¶1):
Rear of 50 N. Main Street as
shown on attached Exhibit "A"
C. Permit begins (¶2): 1/1/95
E. Purpose (¶4):
Maintenance of deck
D. Payment (¶3): None
in dedicated alley.
F. Special Conditions (¶5):
None
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 11.
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. SPECIAL CONDITIONS, The special conditions set forth in Box F above are made a part of this
agreement.
6. 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.
PAGE 1-ENCROACHMENT PERMIT q,:real\¢ncroach.lic)(Rev'd9/94)
7. 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.
8. 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.
9. 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 ~ 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.
10. 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.
11. 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.
12. 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 Permittee.
Date: 1/1/95 Date:
Signed:
Permittee
Signed:
Permi~ee
Permit granted this 1st day of ,Januar-,y
premises on the terms specified above.
PAGE 2-ENCROACHMENT PERMIT
, 1995 , for the above named Permittee to use the
(p: real\eric roach.lic)(Rcv'd 9/94)
City of Ashland
City Attorney's Office
20 E. Main
Ashland, OR 97520
(503) 482-3211, Ext. 59
FAX # (503) 488-5311
TRANSMITTAL FORM
DATE: Januarv 5, 1995
TO:
Barbara M. Christensen
FROM:
Sharlene Stephens, ALS
Legal Assistant
RE:
city of Ashland - Public Right-of-Way Encroachment
Permit (Permittee: OSF) (Purpose: Maintenance of deck in
Dedicated Alley
Regarding the above:
For your files
Please sign/review/comment/return
Please read then forward to
As you requested
Other
Comments: The original of this document is attached for filing.
c w/attachment: Brian Almquist, City Administrator