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... . . .... ..., .----- <br />REVOCABLE PERMIT AGREEMENT <br />KNOW ALL MEN BY THESE PRESENTS that, in consideration of the stipulations <br />and conditions herein contained, the Public Works Director of the City of Salem, pursuant <br />to the provisions of SRC 76.160, does hereby grant to Marion County and Salem Area <br />Transit, hereinafter called the "Permittee," the privilege to encroach upon and occupy a <br />portion of public right-of-way, described as follows: <br />Beginning at a point on the southerly line of Block 5, SALEM as recorded in Volume 1, <br />Page 20, Book of Town Plats for Marion County, Oregon, which bears North 70°28'44" <br />West 108.86 feet from the Southeast comer of said Block 5; <br />thence South 19°31'16" West 14.60 feet; <br />thence North 70°28'44" West parallel withthe southerly line of said block, a distance of <br />19.00 feet; <br />thence North 19°31'16" East 14.60 feet; <br />thence South 70°28'44" East along said southerly line, a distance of 19.00 feet to the <br />POINT OF BEGINNING. <br />for the Construction and maintenance of an oil and water separator, hereinafter called the <br />"encroachment." This permit shall be used subject to the following terms, conditions, and <br />restrictions: <br />1. The encroachment shall comply with all applicable codes of the City of <br />Salem with regard to structural safety, traffic, sanitation and land use, and <br />fire requirements. The Permittee shall obtain all other applicable permits. <br />2. The encroachment shall be maintained in good order. <br />3. To the extent permitted by Article XI, Section 7, of the Oregon Constitution <br />and by the Oregon Tort Claims Act, the Permittee will indemnify, within the <br />limits of the Tort Claims Act, the City of Salem, and all its officers, agents, <br />and employees against any claim for bodily injury or property damage arising <br />~ out of the negligence of the Permittee in exercising its privileges hereunder, <br />provided that Permittee shall not be required to indemnify the City of Salem <br />for any such liability arising out of the wrongful acts of the officers, <br />employees; or agents of the City of Salem. <br />4. The placing of the encroachment in a portion of the aforesaid public right-of- <br />way witl not give to Permittee or anyone else any permanent right to its <br />continued oF exclusive occupancy. <br />5. That, when requested to do so by the Public Works Director, the Permittee, <br />at his own expense, will remove said encroachment from City right-of-way; <br />and, failing to do so, he shall permit removal of said encroachment by the <br />City or other public authority at the cost and expense of said Permittee. <br />0 <br />E 6. This permit is granted upon the condition that Permittee pay a one-time fee <br />r o of $685. <br />~~ M 7. The provisions of this Agreement shall be binding upon all of the heirs, <br />~, m o successors, an d assig n s o f t h e P e r m i tt e e. <br />~ <br />~.`ma~~ <br />~ $ m~ <br />~J E <br />~ ~ <br />U ~ tA <br />REVOCABLE PERMIT AGREEMENT (Govemmental~Page 1 of 3 <br />P.~SSSCOUR~.nc~ • <br />