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ItEVOCABLE PEAMIT lt'T". <br />1113COGNITION OF ENCROACHMENT UPON CITY Or SOUT11 Br -,ND -CONTROLLED N <br />PROPFuvrY Ai�r) PROV181ONS A1A,0NVfNO TFMl'O1WtY CONUNUANCL? OF SAME F FA CE <br />Compauy/flomeowner <br />Narne� <br />Heroin, "APPLICANT". <br />The encroRchinent will be permitted to remain and continue under this; following terms and conditions; <br />1) Until such time as the BOARD OF PU13LIC WORKS (ROARD) of the CITY OF SOUTH BEND (CITY) shall <br />deterrivine that such encroachment is in any way impairing or interfering with the highway or with the ftec and safe -now <br />of traffic thercon; <br />2) Said encroachment shall not ill my way prejudice or preclude the CITY'S riglits with respect to Ole filture use of tile <br />portion of file right -of --way; <br />3) The encroachment as it now exists shall in no manner be added to or clilarged in its present scope or dimensions; <br />4) In file event of change of ownership of the fixture or any offier Rein of Personal property which constitutes die aforesaid <br />encroachment, this permit shati become null and void; <br />S) The CITY shall not be liable to APPLICANT for any damages caused to APPLICANT that arise out of or is incidental to <br />any activity and/or incidences authorized by this permit; <br />6) In consideration of the granting of this Permit by the BOARD, APPLICANT shall indemnify, hold han-niess and defend <br />the CITY from and against any and all actions or causes of action which the CITY may suffer or incur by reason of <br />bodily injury, including death, to any person or persons, or by reason of damage to or destruction of any property, <br />including the loss thercor, arising, out of or in any manner connected with any activity and/or incidences authorized by <br />this permit and/or any activities and/Or incidences incidental thereto, or which the CITY may sustain or incur in <br />connection with any litigation, investigation, or other expenditures incidental thereto, including any Suit instituted by the <br />CITY to enforce the obligation of this agreement of indemnity, <br />urity, <br />it is the imelit of the parties hereto that the APPLICANT shall indemnify the CITY under this indeowificalion clause to <br />the ftilles( extent permitted by law, except that APPLICANT shall not indemilify CITY toe' any darliage or expense <br />callqcd by the sole negligence of the CITY. <br />lhisapprovRl shall be binding upon everyone past or present, claiming any interest in and to theaforenientioned encroachment <br />ACCEPTANCE OF TERMS AND CONDITIONS <br />I accept and agree to be bound by all ofthe terrivi and conditions ofthis permit. <br />Submitted By: <br />'!NZ10111110 Signature: <br />W. . . . . . <br />"OARD OF PUBLIC WORKS APPROVAL <br />preside ide t Men be Member <br />Member Meriibcr Date <br />Updated 02/18 <br />