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' 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 135.82 feet from the Southeast corner of said Block 5; thence South 19°31'16" West 11.00 feet; thence North 70°28'44" West parallel withthe southerly line of said block, a distance of 21.00 feet; thence North 19°31'16" East 11.00 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 21.00 feet to the POINT OF BEGINNING. for the construction and maintenance of a water service room under the sidewalk in Court Street NE, 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 fire 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 City of Salem, and all its officers, agents, and employees against any claim for bodily injury or property damage ansmg out of the negligence of the Permittee in exercising its privileges hereunder, provided that Permittee shall not be required to indemnify the City of Salem for any such liability arising aut of the wrongful acts of the officers, employees, or agents of the City of Salem. 4. The placing of the encroachment in a portion of the aforesaid public right-of- way will not give to Permittee or anyone else any permanent right to its continued or exclusive occupancy. 5. That, when requested to do so by the Public Works Director, the Permittee, at his own expense, will remove said encroachment from City right-of-way; and, failing to do so, he shall permit removal of said encroachment by the o City or other public authority at the cost and expense of said Permittee. N r g 6. This permit is granted upon the condition that Permittee pay a one-time fee ~ w ~ of $570. ~~ ~ m o 7. The provisions of this Agreement shall be binding upon all of the heirs, ~~~~ s u c c e s sors, and assi gns of the Permittee. ~~mo J E ~ ~ ~~ REVOCABLE PERMIT AGREEMENT (Govemmental~Page 1 of 3 P:1555COUR3.nGR