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OCT.18.2005 10:10AM APEX ENVIROTECH,INC. ^TI0.819 "'" P.22 --" —
<br /> RNCROACHMENT PERMIT
<br /> GENERAL PROVISIONS
<br /> 1. This permit is issued under and subject to al l 1 aws and ordinances of agencies governing the encroachment herein permitted.See the
<br /> following references:
<br /> STR$ETS AND HIGHWAY$CODE
<br /> 1,Division 1,Chapter 3
<br /> 2.Division.2,Chapter 2,Section 942
<br /> 3.Division 2,Chapter 4,Section 1126
<br /> 4.Division 2,Chapter 6
<br /> SAN JOAQUIN COUNTY ORDINANCES.NUMBERED;324,441,648,662,672,695,700,860,and 892.
<br /> 2. It is understood and agreed by the Permittee that the doing of any work under this permit shall constitute an acceptance of all the
<br /> Provisions contained herein and failure on the Permittee's part to comply with any provision will be cause for revocation of this
<br /> permit,Except as otherwise provided for public agencies and franchise holders,this permit is revocable on five days notice.
<br /> 3. All work shall be dope subject to the supervision of and the satisfaction of the grantor. The Permittee shall at all times during the
<br /> progress of the work keep the County Highway in as neat and clean a condition as is possible and upon completion of the work
<br /> granted herein,shall leave the County Highway in a thoroughly neat,clean and usable condition.
<br /> 4. The permittee also agrees by the acceptance of this permit to properly maintain any encroachment structure placed by the Permittee on
<br /> any pats of the County Highway and to immediately repair any injury to any portion of the highway,which occurs as a result of the
<br /> maintenance of the said encroachment structure,until such time as the Permittee may be relieved of the responsibility of such
<br /> maintenance of the encroachment structure by the County of San Joaquin.
<br /> 5, The Permitree also agrees by the acceptance of this permit to make,at its own expense, such repairs as may be deemed necessary by
<br /> the County Director of Public Works or his representative.
<br /> 6. It is further agreed by the Permittee that whenever construction,reconstruction or maintenance work upon the highway may,require,
<br /> the installation provided for herein shall,upon request of the County Department of Public Works,be immediately moved by and at
<br /> the sole expense of the Permittee,
<br /> 7. No material used for fill or backfill in the construction of the encroachment shall be borrowed or taken from within the County right of
<br /> way.
<br /> S. All work shall be planned and carried out so that there Will be as little inconvenience as possible to the traveling public. No material
<br /> shall be stacked within eight feet(8)of the edge of the pavement or traveled way unless otherwise provided herein, Adequate
<br /> provision shall be made for the protection of the traveling public, Barricades shall be placed,With approved Signs and lights at light,
<br /> and flagmen shall be employed,all as may be required by the particular work in progress.
<br /> 9. The Permittee,by the acceptance of this permii, shall assume full responsibility for all liability for personal in'
<br /> ury property which may arise out of the work herein permitted or which may arise out of the failure of the part of poermit ee t tdo the
<br /> work department,official I orr employee thereoffor under this permit. In,the Pehe nrmittee shall defend,i de,claim of such rlity is made against the rnn fy,and hold them and eachounty of San Joaquin s any
<br /> claim. each of them harmless for such
<br /> 10, All backfill material is to be moistened as necessary and thoroughly compacted with meehatrical means.If required by the County
<br /> Director of Public Works,such backfill shall gonsist of gravel or crushed rock.The Permittee shall maintain the surface over
<br /> structures placed hereunder as may be necessary to insure the return of the roadway to a completely Stable condition and until relieved
<br /> of such responsibility by the County Department of Public Works.Wherever a gravel,crushed rock or asphalt surfacing is cut or
<br /> damaged in the work of placing an encroachment structure,such material shall either be separately stored and replaced in the roadway
<br /> as nearly as possible.in its original state or shall be replaced in kind,and the roadway shall be left in at least as good a condition as It
<br /> was before the commencement of operations of placing the encroachment structure.
<br /> 11. Whenever necessary to,secure permission from abutting property owners,such Authority must be secured by the Permittee prior to
<br /> starting work..
<br /> 12. The future safety and convenience of the traveling public shall be given every consideration in the location and type of construction.
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