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Application for Permanent Structural Encroachment Permit Application


  1. 1. Step One
  2. 2. For Office Use Only
  • Step One

      Must be completed if there is a permanent structure that is going onto the City Right-of-Way. Example would include affixing an awning to an existing building located in the downtown area
    2. Property: Legal Description
    3. Property Owner Information
    4. (Permittee)
    5. Is the Property Owner a Corporation?*
    6. If Permittee is a Corporation, provide:
    7. (Give sufficient detail to enable thorough understanding. Submit all attachments, blueprints or sketches. Include Traffic Control Plan (if a road closure will occur)
    9. Applicant
    10. Location
    11. Assessors Number
    12. Boundary Location
    13. Applicant is the sole owner of the structure which is located on the public right-of-way and will be responsible for any and all activities and expenses necessary to maintain the structure in good repair. Applicant will not install any additional improvements on the public right-of-way, nor may Applicant install or store any hazardous waste or materials on the public right-of-way. This Encroachment Permit shall also be subject to the following conditions.
    14. Avenue
    15. The applicant and current property owner and their heirs and assigns shall indemnify and hold the City harmless from all liability associated with the construction and use of the balconies. The current and future property owners shall provide the City of Whitefish Public Works Director with an annual Certificate of Insurance naming the City of Whitefish and its officers and employees as "additional Insured" under the insurance policy. The balconies and awnings shall include gutters or similar features to prevent rainfall and snowmelt from flowing or dripping on to the sidewalk. Any snow removed from the balconies shall not be stored in the public right-of-way. Applicant agrees to indemnify, defend, and hold the City of Whitefish harmless from any and all claims or liabilities resulting from the installation, maintenance or use of the encroachment and the public right-of-way. This Encroachment Permit is revocable, personal to and of benefit only to the Applicant, and may not be transferred. This Encroachment Permit will not run with the land, and will not automatically benefit Applicant's heirs, assigns, or future owners or transferees of the Property. This Encroachment Permit shall automatically terminate upon the sale or transfer of any of Applicant's interest in the Property. This Encroachment Permit does not constitute a lease of public property, and Applicant shall not by the terms of this permit obtain a leasehold interest in any public right-of-way. The Applicant will keep and maintain the encroachment and public right-of-way in a safe, clean and neat condition and will use the public right-of-way and encroachment only for lawful purposes, and in compliance with all state and local laws and regulations. The Applicant will regularly control and eradicate noxious weeks on the public right-of-way as required by Whitefish City Code §§ 4-3-1 through 4-3-6, as amended. The City will be entitled at all reasonable times to inspect the encroachment and public right-of-way. Upon the City's notice of revocation or termination, the Applicant will remove the encroachment located within the public right-of-way within thirty (30) days of the notice, and will return the public right-of-way to the condition that it was in prior to the construction of the encumbrance, reasonable and ordinary wear excepted. If the Applicant fails to remove any encroachment and restore the right-of-way as provided herein, the City ,ay choose to remove any encroachment and restore the right-of-way and may record a lein for costs of removal and restoration against the Property.
    16. This Encroachment Permit shall at all times be subject to Whitefish City Code § 7-2-1, as amended. A separate application and issuance of a separate Revocable Construction Encroachment Permit is required prior to the start of construction. Applicant hereby agrees to the terms and conditions set forth above and in all referenced or attached documents.