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Encroachment Agreement - Bicycle Safety Signs
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Encroachment Agreement - Bicycle Safety Signs
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Last modified
9/7/2018 2:48:31 PM
Creation date
9/7/2018 2:46:11 PM
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BOCC
Date
7/17/2018
Meeting Type
Regular Meeting
Document Type
Others
Agenda Item
6/19/18; 8-c
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ROUTE Various Routes, PROJECT Bicycle Safety COUNTY OF <br />see attached list Signs <br />DEPARTMENT OF TRANSPORTATION <br />-AND- <br />Orange County, North Carolina <br />STATE OF NORTH CAROLINA <br />Orange County, NC <br />RIGHT OF WAY ENCROACHMENT AGREEMENT <br />FOR NON - UTILITY ENCROACHMENTS ON <br />PRIMARY AND SECONDARY HIGHWAYS <br />THIS AGREEMENT, made and entered into this the LZtA day of 20 18 by and between the Department <br />of Transportation, party of the first part; and Orange County, North Carolin <br />party of the second part, <br />WITNESSETH <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 Ii <br />with the construction and /or erection of: Fifteen (15) bicycle safety signs — see attachments. <br />WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and <br />the party of the first part in the exercise of authority conferred upon it by statute, is willing to permit the <br />encroachment 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 mace 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 <br />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 <br />second part binds himself, his successors and assigns, to promptly remove or alter the said facilities, in order to conform to the <br />said requirement, without any cost to the party of the first part. <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 />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 />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 />That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction <br />of the Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable <br />precaution during construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs, <br />other water impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable <br />rules and regulations of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control <br />Commission, and with ordinances and regulations of various counties, municipalities and other official agencies relating to <br />pollution prevention and control. When any installation or maintenance operation disturbs the ground surface and existing <br />ground cover, the party of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to <br />meet the satisfaction of the Division Engineer of the party of the first part. <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 />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 />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 />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 <br />to the party of the first part. <br />That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein <br />is 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 />RIW (161A) : Party of the Second Part certifies that this agreement is true and accurate copy of the form <br />FORM RAN 16.1A (January, 1981) <br />
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