2008 Land Lease Permit ODOT #6217016, Bike Path Easement West Eugene

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05/01/2008 14:01 FAX 5039863625 ODOT ROW al 019 Oregon Department of Transportation LAND USE PERMIT F { LC NUMBER SECTION R6217 -016 W. 11th - Garfield TO: City of Eugene, Public Works Eng. COUNTY MAP NO- Attn: E.L. "Bud" DeSantis Jr. Lane 108 -5 -10 244 East Broadway HIGHWAY STATION NO. Eugene Or 97401 Florence- Eugene Apprx. 169 +50 to170 +10 SIDE Reference is made to the use of property under the jurisdiction of the State of Oregon, by and through its Department of Transportation (ODOT), hereinafter referred to as "State ", consisting of: A Small irregular shaped strip of ODOT R/W adjacent to the west bank of the Amazon Diversion channel and Tying between So. Pacific Railroad and Assessor's Tax Lot 17 -04 -29 #602 — See attached maps. Permission to use this property, hereinafter referred to as "premises ", for minor sloping for Amazon Creek -Fern Ridge Multi Use Path purposes is hereby granted to the undersigned Permittee for the period from July 15, 2001 to June 30, 2002 and thereafter on a year to year basis unless canceled. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Permittee shall not allow noxious weeds or shrubs to grow on premises. 2. Unless specifically allowed in Paragraph 9 of this Permit, premises shall not be used for the construction, installation or maintenance of: (1) any advertising sign nor; (2) buildings or other structures. Premises shall not be used as a place for the storage, keeping, buying, selling, dismantling or other processing of any junk, scrap, junked motor vehicles or parts thereof, debris, trash, waste or other such materials, or toxic or hazardous materials. Nor shall any objectionable or unlawful use be made thereof. In the event of violation of any of the above conditions, Permittee shall be solely responsible for removal or restoration costs and this Permit shall become null and void. 3. State shall have the right to retake possession of premises without written notice to Permittee at any time such action may appear to State to be in the public interest and such repossession by State shall be without liability to State for any loss, injury, or damage which Permittee may suffer as a result thereof. This Permit may be terminated without liability for loss, injury or damage of any nature whatsoever to Permittee's business, property or improvements on premises covered by this Permit or other property owned or operated by Permittee upon ten (10) days' notice by State. Permittee may also terminate this Permit upon ten (10) days' notice to the State. Upon termination of this Permit, or upon vacation of premises if prior thereto, Permittee shall clean up the area, removing any materials which may have been piled or stored, nrnvicinnc of this