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ENCROACHMENT PE"-%Q— <br /> GENERAL PROVISIONS <br /> 1. This permit is issued under and. <br /> following references: subject to al 1 1 aws and ordinances of agencies governing the encroachment herein permitted.See the <br /> STREETS AND HIGHWAYS 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 5.5 and 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 acce tance of al <br /> e <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 done subject to the supervision of and the satisfaction of the grantor. The Permittee shall at all time <br /> progress of the work keep the County Highway m as neat and clean a condition as is possible and upon completion of the work <br /> s during the <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 o <br /> n <br /> any part of the County Highway and to immediately repair any injury to any portion of the highway,which occurs as a result <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. of the <br /> 5. The Permittee 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 fiuther agreed by the Permittee-that whenever construction,reconstruction or maintenance work upon the highway is necessary, <br /> the installation provided for herein shall,irpon'request of the County Depar[ <br /> by and at the sole expense of the Permittee: ment of Public Works,be immediately moved or removed <br /> T No material used for fill or backfill in the construction of the encroachment shall be borrowed or taken from within thm the County right of <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 permit,shall assume full responsibility for all liability for personal in' <br /> property which may arise out of the work herein permitted or which may arise out of the failure of the part of the Permittee t toinjury <br /> the <br /> Work provided for under this permit. In the event any.claim of such liability is made against the County of San Joaquin or any <br /> department,official or employee thereof,the Permittee shall defend,indemnify, <br /> claim. and hold them and each of them harmless for such <br /> 10. All backfill material is to be moistened as necessary and thoroughly <br /> Director of Public Works,such backfill shall consist of gravel orcrushed rock.The Permittee shall emainta n tghe seurfac the surface <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 <br /> hed rock or asphalts'urfacing is cut or <br /> damaged in the work ofplacing an encroachment structure,such material shall eitherlbe 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. y <br /> 11. Whenever necessary to,secure permission from abutting property owners,such authority must be secured by-the Permittee prior <br /> starting work. p r to <br /> 12..The future safety and convenience of the traveling public shall be given every consideration in the location and <br /> type of construction. <br /> VFP01\sbams\DevSecvices\DPubServ\PERMrFS COUNrERTmvision,e9.docx <br />