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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