Agenda - 12-12-2017 - 8-e - Right of Way Encroachment Agreement for Non-Utility Encroachments on Primary and Secondary Highways

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Attachment 1 STATE OF NORTH CAWOLINA ROUTE Circulator PROJECT COUNTY OF Orange Orange - Chapel Hill Connector, Orange - Alamance Connector DEPARTMENT OF TRANSPORTATION RIGHT OF WAY ENCROACHMENT AGREEMENT FOR NON-UTILITY ENCROACHMENTS ON -AND- PRIMARY AND SECONDARY HIGHWAYS Orange County Orange County Public Transportation THIS AGREEMENT, made and entered into this the day of , 20 17 , by and between the Department of Transportation, party of the first part; and Orange County Orange County Public Transportation party of the second part, WITNESSETH THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as Route(s) Fixed Route - Hillsborough Circulator , located please see attached maps with county-wide bus stop/seats identified Fixed Route - Orange/Chapel Hill Connector, Orange Alamance Connector with the construction and/or erection of: public bus stop signs with attached seats/Simme Seats 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 said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe and proper condition that it 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 the 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 facilities, 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 Highways 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 part. That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages and claims for damage that may arise by reason of the installation and maintenance of this encroachment. It is clearly understood by the party of the second part that the party of the first part will assume no responsibility for any damage that may be caused to such facilities,within the highway rights of way limits, in carrying out its construction and maintenance operations. 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 FORM R/W 16.1A (January, 1981)