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HomeMy WebLinkAbout2005-059 Permit - Avista CITY OF ASHLAND PUBLIC RIGHT-OF-WAY ENCROACHMENT PERMIT A. Permittee Name: AVISTA B. Premises: The northerly 8 feet of CORPORA TION 16 foot wide alley adjacent 1[0 Lot 4, Block 29 of the plat of the original Address: PO BOX 3727 Town of Ashland. The area to extend SPOKANE WA 99220-3727 from Water Street westerly Phone: 541/772-5281 approximately 75 feet. See Exhibit A C. Permit beqins: APRIL 1, 2005 D. Payment: Waived E. Purpose: Construct, install and maintain a natural gas regulating station. The station to consist of underground and above ground pipes, valves and appurtenances. The perimeter of the station to be enclosed with a six foot high chain link fence. 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: City shall waive the permit fee for this installation. 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. PAGE 1 ENCROACHMENT PERMIT Q:\TEMP\Ashland Permit.doc 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, kel9p 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 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. This agreement shall be terminated upon mutual consent and agreement by both the City and Permittee. Upon termination of this permit, permittee shall remove any and all equipment, valves, fence and restore the area to its former condition. 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 perforrrlance by Permittee. A VIST A czr~RA TION Signed: . Ie .,;11; l"4-6'v~ Signed: Permittee, IIi/I!,.}" ~~,/?i D '\ Permittee: Title: il1p^'( 11'{' /1 L~. c,,( f:s--Ix---i</~f Title: 4 1.( Date: . ~ 1'/ ~2t t 2/) OS Date: Permit granted this 3r,J day of A1lj~ ,2005, for the above named Permittee to use the premises on the ter s specified above. Signature:(Z~~ Name: _. \12__ . :>/60-. Title: C,':; c5u/L![jd/ /.pI"COc?'C,f d/c;na~r PAGE 2 ENCROACHMENT PERMIT Q:\ TE MP\Ashland Permit.doc EXHIBIT A ~ ~ ~~ ~ \S'~~ "Yf" 4 310 ~ 1/ '- "- ~"