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DRIVEWAY ENCROACHMENT PERMIT <br /> GENERAL PROVISIONS <br /> 1. This permit is issued under and subject to all laws and ordinances of agencies governing the encroachment herein permitted. See <br /> the following references: <br /> STREETS AND HIGHWAYS CODE <br /> a.Division 1,Chapter 3 <br /> b.Division 2,Chapter 2,Section 942 <br /> c.Division 2,Chapter 4,Section 1126 <br /> d.Division 2,Chapter 6 <br /> SAN JOAQUIN COUNTY ORDINANCES NUMBERED:441,648,662,695,700,860,3359 and 3675. <br /> 2. It is understood and agreed by the Permittee that the performance of any work under this permit shall constitute an acceptance of <br /> all the provisions contained herein and failure on the Permittee's part to comply with any provision will be cause for revocation <br /> of this permit.Except as otherwise provided for public agencies and franchise holders,this permit is revocable on five days <br /> notice. <br /> 3. All work shall be done subject to the supervision of and the satisfaction of the grantor. The Permittee shall at all times during <br /> the progress of the work keep the County Highway in as neat and clean condition as possible and upon completion of the work <br /> authorized 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 <br /> Permittee on any part of the County Highway and to immediately repair any damage to any portion of the highway,which <br /> occurs as a result of the maintenance of the encroachment structure,until such time as the Permittee may be relieved of the <br /> responsibility for such maintenance by the County of San Joaquin. <br /> 5. The Permittee also agrees by the acceptance of this permit to make,at its own expense,such repairs as deemed necessary by the <br /> County Department of Public Works. <br /> 6. It is further agreed by the Permittee that whenever construction,reconstruction or maintenance work upon the highway may <br /> require the removal or relocation of the installation provided for herein,that upon request of the County Department of Public <br /> Works,the Permittee shall immediately remove or relocate the installation at Permittee's sole expense. <br /> 7. No material used for fill or backfill in the construction of the encroachment shall be borrowed or taken from within the County <br /> right of way. <br /> 8. All work shall be planned and carried out with as little inconvenience as possible to the traveling public. No material shall be <br /> stacked within eight feet(8')of the edge of the pavement or traveled way unless otherwise provided herein. Adequate provision <br /> shall be made for the protection of the traveling public. Traffic control standards shall be utilized including barricades;approved <br /> signs and lights;and flagmen,as required by the particular work in progress. <br /> 9. The Permittee,by the acceptance of this permit,shall assume full responsibility for all liability for personal injury,or damage to <br /> property which may arise out of the work permitted herein or which may arise out of a failure on the part of the Permittee to <br /> properly perform the work provided under this permit. In the event any claim of such liability is made against the County of San <br /> Joaquin or any department,official or employee thereof,the Permittee shall defend,indemnify,and hold each of them harmless <br /> for such claim. <br /> 10. All backfill material is to be moistened as necessary and thoroughly compacted with mechanical means.If required by the <br /> County,such backfill shall consist of gravel or crushed rock.The Permittee shall maintain the surface over structures placed <br /> hereunder as may be necessary to insure the return of the roadway to a completely stable condition and until relieved of such <br /> responsibility by the County Department of Public Works.Wherever a gravel,crushed rock or asphalt surface is removed or <br /> damaged in the course of work related to this permitted encroachment,such material shall either be separately stored and <br /> replaced in the roadway as nearly as possible to its original state or shall be replaced in kind,and the roadway shall be left in at <br /> least as good a condition as it previously existed before the commencement of operations of placing the encroachment structure. <br /> 11. Whenever it becomes necessary to secure permission from abutting property owners for this proposed work,such permission <br /> must be secured by the Permittee in writing prior to starting work. <br /> 12. The current and future safety and convenience of the traveling public shall be given every consideration in the location and <br /> methods of construction utilized. <br /> hvsrvCpollahares\DevSetvices\DPubServ\Encroachments\Encroachment Permits\Driveway Encroachment Permit Provisions.doc <br /> wised 01/25/10 <br />