HomeMy WebLinkAbout2000-096 Right of Way - Sandler- 00 24294 CITY OF ASHLAND
PUBLIC RIGHT-OF-WAY ENCROACHMENT PERMIT
A. Permittee Name: Allan Frank Sandler
Trustee Allen Frank Sandler
Revocable Trust / Ed Bemis
Address: PO Box 306
Ashland OR 97520
Phone: 541/488-2025
B. Premises: 39 1E 09BC - 1600
Main Street Ashland Condominiums
No(s). 60, 62, 54, 66, & 68 E. Main
Street
C. Permit begir~s: June 8, 2000
D. Payment: N/A
E. PurpoSe: Placement of decorative building facade approximately 0.50 feet onto the
right of way of East Main Street (sidewalk) at the above described premises.
1. DESCRIPTION OF PREMISES: City permits ~ermittee to use the property described in
Box B above ('~he 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.
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
PAGE 2 of 3 ENCROACHMENT PERMIT (G:Dav~Esginee~Encroach'vsa~llet Encroach) (Rev'd 194)
O0 24294
Permittee's in the property described in box E above. Permittee shaft execute and ecknow~edge 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 specffically 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 an~ 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 affected, 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 Permittee.
Date: C~"b'n't' ~ 2<:~c) e~~ a~ )ooo
F k S~ Ed Bemis~
Allen Frank ~ndler Rev~ble Trust
Permit granted this ~ day of ,.7'~.f,~
the premises on the terms specified above.
2000, for the above named Permittee to use
STATE OF OREGON )
COUNTY OF JACKSON )
The foregoing instrument was acknowledged before me this ~'~/~ day of June, 2000, by Allen
Frank Sandler as trustee on behalf of the Allen Frank Sandler Revocable Trust and by Ed Bemis
as their voluntary act and deed.
NANCY I SLOCUM
IIY IEIqlII IPT. 11, III
BEFORE ME
PAGE 3 of 3 ENCROACHMENT PERMIT (~ / (e:D~l~e'~Enolneef~ncroach~samtl~r Enemlch) {Rev'~$1~94)
O0 24294
Jackson County, Oregon
Recorded
OFFICIAL RECORDS
,~UN 0