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FORM R/W 16.1A (January, 1981)
<br /> STATE OF NORTH CAROLINA
<br />ROUTE Various Routes,
<br />see attached list
<br />PROJECT Bicycle Safety
<br />Signs
<br />COUNTY OF Orange County, NC
<br />
<br />DEPARTMENT OF TRANSPORTATION
<br />-AND-
<br /> RIGHT OF WAY ENCROACHMENT AGREEMENT
<br />FOR NON-UTILITY ENCROACHMENTS ON
<br />PRIMARY AND SECONDARY HIGHWAYS
<br />Orange County, North Carolina
<br />
<br />
<br />THIS AGREEMENT, made and entered into this the day of , 20 18 , by and between the Department
<br />of Transportation, party of the first part; and Orange County, North Carolina
<br /> party of the second part,
<br />W I T N E S S E T H
<br /> THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as
<br />Route(s) Various routes, see attached map and location list , located See attached map, location list.
<br />
<br />with the construction and/or erection
<br />of:
<br />Fifteen (15) bicycle safety signs – see attachments.
<br />
<br />
<br /> WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the
<br />party of the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment
<br />within the limits of the right of way as indicated, subject to the conditions of this agreement;
<br /> NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second
<br />part the right and privilege to make this encroachment as shown on attached plan sheet(s), specifications and
<br />special provisions which are made a part hereof upon the following conditions, to wit:
<br /> That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe
<br />and proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper
<br />maintenance thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways
<br />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
<br />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
<br />part binds himself, his successors and assigns, to promptly remove or alter the said facilities, in order to conform to the said
<br />requirement, without any cost to the party of the first part.
<br />
<br /> That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal
<br />lights, flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic
<br />Control Devices for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and
<br />regulations may be obtained from the Division Engineer of the party of the first part.
<br />
<br /> That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages
<br />and claims for damage that may arise by reason of the installation and maintenance of this encroachment.
<br />
<br /> It is clearly understood by the party of the second part that the party of the first part will assume no responsibility for any
<br />damage that may be caused to such facilities, within the highway rights of way limits, in carrying out its construction and
<br />maintenance operations.
<br />
<br /> That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of
<br />the Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable precaution
<br />during construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs, other water
<br />impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and
<br />regulations of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and
<br />with ordinances and regulations of various counties, municipalities and other official agencies relating to pollution prevention and
<br />control. When any installation or maintenance operation disturbs the ground surface and existing ground cover, the party of the
<br />second part agrees to remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division
<br />Engineer of the party of the first part.
<br />
<br /> That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary
<br />by the Division Engineer of the party of the first part.
<br />
<br /> That the party of the second part agrees to have available at the encroaching site, at all times during construction, a copy of
<br />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
<br />work unless evidence of approval can be shown.
<br />
<br /> Provided the work contained in this agreement is being performed on a completed highway open to traffic; the party of the
<br />second part agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has
<br />been completed. Unless specifically requested by the party of the first part, written notice of completion of work on highway
<br />projects under construction will not be required.
<br />
<br /> 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
<br />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
<br />the party of the first part.
<br />
<br /> That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein is
<br />not begun within one (1) year from the date of authorization by the party of the first part unless written waiver is secured by the
<br />party of the second part from the party of the first part.
<br />BOCC Attachment 1 2
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