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UTE BUSINESS US PROJECT CENTRIAL ORANGE COUNTY OF HWY. 70 SENIOR CENTER STATE OF NORTH CAROLINA ORANGE DEPARTMENT OF TRANSPORTATION -AND- ORANGE COUNTY NORTH CAROLINA -AND- TOWN OF HILLSBOROUGH NORTH CAROLINA THREE PARTY RIGHT OF WAY ENCROACHMENT AGREEMENT ON PRIMARY AND SECONDARY SYSTEM THtS AGREEMENT, made and entered into this the 26 day of OCT , 20 07 , by and behveen the Department Transportation, party of the first part; and ORANGE COUNTY, NORTH CAROLINA party of the second part: and TOWN OF HILLSBOROUGH, NORTH CAROLINA party of the third part, WITNESSETH THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as toute(s) BUSINESS US HWY. 70 ,located APPROX. 3/4 OF A MILE NORTH WEST FROM 'HE INTERSECTION OF LAWRENCE ROAD AND BUSINESS US HWY. 70 with the construction andlor erection of: A 5 FOOT WIDE CONCRETE SIDE WALK , 490 L.F. +!- ,ON THE SOUTH SIDE.OF 3USINESS US HWY. 70 ,LIMITED TO THE EAST BY THE SOUTH EAST PROPERTY BOUNDRY AND LIMITED TO THE NEST BY MEADOWLAND DRIVE. WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the.party of :he first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the •ight of way as indicated, subject to the conditions of this agreement; NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right and privilege to make this encroachment as shown on attached plan sheet(s), specffications and special provisions which are made a part hereof upon the following conditions, to wit: That the installation, operation, and maintenance of the atwve described facility will be accomplished in accordance with the party of the first part's latest POLICIES AND PROCEDURES FOR ACCOMMODATING l1TILITIES OtJ HIGHWAY RIGHTS-OF-WAY, and such .revisions and amendments thereto as may be in effect at the date or this agreement. Information as to these policies and procedures may be obtained from the Division Engineer or Stale Utility Agent of the party of the first part. That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such sate and proper condition that it will not interfere with or endanger travel upon said highway, nw. obstruct nor interfere with the proper maintenance thereof, to reimfwrse the party of the first part for the cost incurred for any repairs or maintenance to its roadways and structures necessary due fo installation and existence of the facilities of the party of-the second part. and if at any time the party of the first part shall require the removal of or changes in the location of the said faalities, that the said party of the second part binds himself, his successors and assigns, to promptly remove or alter the said facilities, in order to conform to the said requirement, without any cost to the party of the first part. That the party of the second part agrees. to provide during construction and any subsequent maintenance proper signs, signal lights, flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control Devices for Streets and Hiahwavs and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the Division Engineer of the party of the first. That the party of the second part hereby agrees to indemnify and save harmless the party of the first pan from aU damages and Gaims for damage that may azise by reason of the installation and maintenance of this encroachment That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the Division Engineer of the party of the first part. The party of the second pan agrees to exercise every reasonable precaution during construction and maintenance to prevent eroding of soil; silting or pollution of r(vers, streams, lakes, reservoirs, other water impoundments, ground suRaces or other property; or pollution of the air. There shat! be compliance with applicable rules and regulations of the North Carolina Division of Environmental Management North Carolina Sedimentation Control Commission, and wRh ordinances and regulations of various counties, muniapalities and otherofficial agencies relating fo pollution prevention and control. When any installation or maintenance operation disturbs the ground surface and existing ground cover, the pany of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction M the Division Engineer of the party of the first part. That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary by the Division Engineer of the party of the first part. That the party of the second part agrees to have available at the construction site, at all times during construction, a copy of this agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to stop all work unless evidence of approval can be shrnvn. Provided the vrork contained in this agreement is being performed on a completed highway open to traffic; the party of the second part agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has been completed. Unless specifically requested by the party of the first part, written notice of completion of work on highway projects under construction will not be required. That in the case of noncompliance with the terms of this agreement by the party of the second part, the party of the first part reserves _ the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost to the party of the first part. That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein is not FORM RNV 16.6 Rev. Juty 1, 1977 a ~I ~J