Agenda - 06-16-2009 - 4v - Laserfiche WebLink

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___ __ STATE OF NORTH CAROLINA O ROUTE S.R.1009 PROJECT ORANGE JUSTICE COUNTY OF ORANGE EXPANSION DEPARTMENT OF TRANSPORTATION THREE PARTY RIGHT OF WAY -AND- ENCROACHMENT AGREEMENT ON ORANGE COUNTY PRIMARY AND SECONDARY SYSTEM -AND- TOWN OF HILLSBOROUGH THIS AGREEMENT, made and entered into this the 30 day of 04 , 20 09 , by and between the Department of Transportation, party of the first part; and ORANGE COUNTY party of the second part; and TOWN OF HILLSBOROUGH party of the third part, WITNESSETH THAT W HEREAS, the party of the second part desires to encroach on the right of way of the public road designated as Route(s) S.R. 1009 ,located IN THE TOWN OF HILLSBOROUGH, N.C. with the construction and/or erection of: APPROXIMATELY 245 L.F. OF CONCRETE SIDEWALK ALONG THE EAST SIDE OF S.R. 1009{CHURTON ST.) FROM INTERSECTION OF S.R 1009(CHURTON ST.) & E. MARGARET ST. TO THE SOUTH ALONG S.R. 1009(CHURTON ST.) WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the right 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), specifications and special provisions which are made a part hereof upon the following conditions, to wit: That the installation, operation, and maintenance of the above described facility will be accomplished in accordance with the party of the first part's latest POLICIES AND PROCEDURES FOR ACCOMMODATING UTILITIES ON HIGHWAY RIGHTS-OF-WAY and such revisions and amendments thereto as may be in effect at the date of this agreement. Information as to these polices and procedures may be obtained from the Division Engineer or State Utility Agent of the party of the first part. That the said party of the second part binds and obi'~gates himseH to install and maintain the encroaching facility in such safe and proper condition that tt will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper maintenance thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways and structures necessary due to installation and existence of the faclities 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 faclities, that the said party of the second part binds himself, his successors and assigns, to promptly remove or otter 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 wam(ng devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control Devices for Streets and Hiahwavs and Amendmerrts 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 ftrst part from all damages and claims for damage that may arise 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 part agrees to exercise every reasonable precaution during construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs, other water impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances and regulations of various counties, municipalities and other offlcal agencies relating to pollution prevention and control. When any installation or maintenance operation disturbs the ground surface and existing ground cover, the party of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of 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 ske, at all times during construction, a copy of tfiis 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 shown. Provided the work 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 tha 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 faclity 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 tt actual construction of the work contemplated herein is not begun within one (1) year from the date of authorization by the party of the first part unless written waiver is st3atrad by the party of the FORM R/W 16.6 Rev. July 1, 1977