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HomeMy WebLinkAboutPermit Miscellaneous 1989-6-5 ,. , .. ...". ~ . . , , Add. 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 . ,. 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. ~ 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. ~ 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. ~ c1 ... , ~. " STATE OF 'OREGON ) ) ss. COUNTY OF LANE ~ On this ~\'day of signed the above document. , By: J~ ~~~ Berg , Ig11. there personally appeared before me and &fliJ.- ()4lJt!I~l-hMv rilji 'AH I V(nfuC STATE OF OREGON ) ) ss. COUNTY OF LANE ) On the \~ day of 11 \nll ~ signed tne above dOC~ 1\~B~ .J~~u ~F~~~IF_~ 1& ~~~ 'A't; "'GI1?eJM41 _ ~~.I~_, \ ~cer~ ~AT~.j\""" ~. \-""II" <1~M'8t QJi: ~jfjV( ~tfli~ h . C(!.','fv '€Jl- ~fJlMfl~~ My Commi ss i on Expi res: I/, '-/., -:l';:'~'':': ")~\' '." " _~ .... ." .... ... ,.J .. , ..... .. : ..:..= '( . : !...' ~~~ ': - . ~ -' ~ ~ . <- ~ Djr::ec.tor--(v, ~.: ~ -:!'~-:'t;'r ". ~,,~~,~.'^: -~/;...... ,....' CITY OF SPRINGFIELD :y~Un~~corporati\n . --- ~ Deve Itpmey ir'ii clls . 19m There ~';' ........-", personally appeared before'me and My Commission Expires: R. \\o4() ~