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ENCROACHMENT PERMIT
<br /> GENERAL PROVISIONS
<br /> 12_1
<br /> 1. This permit is issued under and-subject to al l laws and ordinances of agencies governing the encroachment herein permitted.See the
<br /> following references:
<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:324,441,648,6'62,672,695,700,860,and 892.
<br /> S
<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 coinply 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 shallbe done 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 part 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 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 further agreed by the Permittee that whenever construction,reconstruction or maintenance work upon the highway is necessary,
<br /> the installation provided for herein shall,'upon'request of the County Department of Public Works,be immediately moved or removed
<br /> by and at 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 /> 8. 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 injury or damage to
<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 to do 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,and hold them and each of them harmless for such
<br /> claim.
<br /> 10. All backfill material is to be moistened as necessary and thoroughly'compacted with mechanical means.If required by the County
<br /> Director of Public Works,such backfill shall consist 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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