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CITY OF SALEM REVOCABLE PERMIT AGREEMENT KNOW ALL MEN BY THESE PRESENTS that, in consideration of the stipulations and conditions herein contained, the Public Works Director of the City of Salem, pursuant to the provisions of SRC 76.160, does hereby grant to Marion County and Salem Area Transit, hereinafter called the "Permittee," the privilege to encroach upon and occupy a portion of public right-of-way, described as follows: . Beginning at a point on the southerly line of Block 5, SALEM as recorded in Volume 1, Page 20, Book of Town Plats for Marion County, Oregon, which bears North 70°28'44" West 192.65 feet from the Southeast corner of said Block 5; thence South 19°31'16" West 3.00 feet; thence North 70°28'44" West parallel withthe southerly line of said block, a distance of 20.33 feet; thence North 19°31'16" East 3.00 feet to a point on the southerly line of said Block 5; thence South 70°28'44" East along said southerly line, a distance of 20.33 feet to the POINT OF BEGINNING. Beginning at a point on the southerly line of Block 5, SALEM as recorded in Volume 1, Page 20, Book of Town Plats for Marion County, Oregon, which bears North 70°28'44" West 136.65 feet from the Southeast comer of said Block 5; thence South 19°31'16" West 3.00 feet; thence North 70°28'4~4" West parallel withthe southerly line of said block, a distance of 20.33 feet; thence North 19°31'16" East 3.00 feet to a point on the southerly line of said Block 5; thence South 70°28'44" East along said southerly line, a distance of 20.33 feet to the POINT OF BEGINNING. ~ for the construction and maintenance of two window bays overhanging Court Street NE right-of-way; hereinafter called the "encroachment." This permit shall be used subject to the following terms, conditions, and restrictions: 1. The encroachment shall comply with all applicable codes of the City of Salem with regard to structural safety, traffic, sanitation and land use, and flre requirements. The Permittee shall obtain all other applicable permits. 2. The encroachment shall be maintained in good order. 3. To the extent permitted by Article XI, Section 7, of the Oregon Constitution and by the Oregon Tort Claims Act, the Permittee will indemnify, within the limits of the Tort Claims Act, the Ciiy of Salem, and all its officers, agents, and employees against any claim for bodily injury or property damage arising out of the negligence of the Permittee in exercising its privileges hereunder, N provided that Permittee shall not be required to indemnify the City of Salem ~ o for any such liability arising out of the wrongful acts of the officers, ~~ M employees, or agents of the City of Salem. , wo ~`~ M 4. The placing of the encroachment in a portion of the aforesaid public right-of- ~~ m° way will not give to Permittee or anyone else any permanent right to its ~ ~ ~, ~ continued or exclusive occupancy. ~J E a~ ~ ~ REVOCABLE PERMIT AGREEMENT (Govemmental~Page 1 of 3 P:~.SSSCOUR2.ncR