HomeMy WebLinkAboutPermit Miscellaneous 1989-6-5
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USE PERMIT AND AGREEMENT
THIS PERMIT AND AGREEMENT, made and entered into thi s 5th day of June ,
1989, by and between the CITY OF SPRINGFIELD, OREGON, a municipal corporation,
hereinafter referred to as CITY, and Sherri Berg, hereinafter referred to as
PERMITTEE.
WIT N E SSE T H
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FOR AND IN CONSIDERATION of the granting of a permit to use and encroach upon
a portion of public right-of-way abutting property leased by PERMITTEE known as 602
Main Street and shown as Tax Lot 8700 on Lane County Assessor's Map 17-03-35-31,
PERMITTEE does hereby agree to the following terms:
1. The use and encroachment permitted shall consist solely of restaurant tables
and chairs to provide outdoor seating for patrons of PERMITTEE'S leased
building, as shown in "Exhibit A" attached hereto.
2. The area covered by this agreement shall include a portion of the Sixth ~treet
right-of-way extending from the north margin of Main Street to the north
margin of Tax Lot 8700, includin9 only that portion of sidewalk area necessary
for the placement of restaurant tables and chairs. Clear passage, a minimum
width of 36 inches, must be maintained for pedestrians using this sidewalk.
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3. PERMITTEE shall be responsible for keeping the encroachment area free of
litter and debris. In the event of a failure on the part of the PERMITTEE to
properly maintain the same, the CITY may perform such maintenance as it may
deem necessary and assess the costs thereof to the PERMITTEE and the PERMITTEE
hereby agrees to pay the same immediately upon being billed therefor.
4. PERMITTEE agrees to store restaurant tables and chairs indoors during
non-operating hours.
5. PERMITTEE shall defend, indemnify, hold harmless CITY from and against any and
all liability to all persons and against any and all liability claims arising
from personal injuries or property damage which might be occasioned by
PERMITTEE'S use of the public right-of-way as described herein.
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6. PERMITTEE shall maintain in effect a Comprehensive General Liability Policy
with limits of $ 500,000 per occurrence. Said Policy shall include a
30 day Notice ot ~ancel lation clause to CITY. CITY shall be named as an
additional named insured. A certificate of insurance evidencing all insurance
required by this permit shall be provided to CITY prior to use of the
s i dewa 1 k .
7.
It is understood and agreed that in the event the public right-of-way subject
to this use and encroachment is needed by CITY for any purpose, such need to
be determined through the sole and unrestricted discretion of CITY, PERMITTEE
shall remove any and all encroachments immediately or as specified by CITY.
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STATE OF 'OREGON )
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COUNTY OF LANE ~
On this ~\'day of
signed the above document.
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By: J~
~~~ Berg
, Ig11. there personally appeared before me and
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STATE OF OREGON )
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COUNTY OF LANE )
On the \~ day of 11 \nll ~
signed tne above dOC~
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My Commi ss i on Expi res: I/, '-/.,
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CITY OF SPRINGFIELD
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personally appeared before'me and
My Commission Expires:
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