Orange County NC Website
DocuSign Envelope ID:4913679613-1634-4210-BE70-3ADC8E4BA5D3 <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 /> R/W (161A) incorporating all revisions to date. <br /> IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and <br /> year first above written. <br /> DEPARTMENT ANSPORTATION ej(- <br /> 4 <br /> BY: (- -"), Z*1091e) <br /> D VIS E, GINEER <br /> ATTEST OR WITNESS: <br /> ORANGE COUNTY A A ORANGE CO NTY <br /> Donna Baiter- Clerk to the BOCC Mark Dorosin -Chair <br /> Second Party <br /> INSTRUCTIONS <br /> When the applicant is a corporation or a municipality, this agreement must have the corporate seal and <br /> be attested by the corporation secretary or by the empowered city official, unless a waiver of corporate <br /> seal and attestation by the secretary or by the empowered City official is on file in the Raleigh office of <br /> the Manager of Right of Way. In the space provided in this agreement for execution, the name of the <br /> corporation or municipality shall be typed above the name, and title of all persons signing the agreement <br /> should be typed directly below their signature. <br /> When the applicant is not a corporation, then his signature must be witnessed by one person. The <br /> address should be included in this agreement and the names of all persons signing the agreement <br /> should be typed directly below their signature. <br /> This agreement must be accompanied, in the form of an attachment, by plans or drawings showing the <br /> following applicable information: <br />