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January 19, 2011 <br /> LODI ENERGY CENTER ENCROACHMENT PERMIT SPECIAL PROVISION <br /> REPAIR OF DAMAGE <br /> Permittee has provided to the County an acceptable security entitled, Indemnity Bond ("Bond" issued <br /> by International Fidelity Insurance Company. The Bond is attached hereto and made a part of this <br /> Permit. The Bond and terms and conditions of this Permit are valid for one year after the last transport <br /> using County rights-of-way pursuant to this Permit. The purpose of the Bond is to protect the Count f <br /> the cost of any and all necessary repairs or work caused by Permittee's use of County's rights-of-way,Y for <br /> roads, appurtenances or structures("Facilities").The Bond is in the amount of 100%of the Count <br /> engineer's estimate, $95,000, meant to cover all necessary repair and work on Facilities. Y <br /> In accepting this permit, Permittee agrees to pay for any and all necessary repairs or workerf <br /> the satisfaction of the Director of Public Works, for damage to Facilities resulting from Permittee's <br /> to <br /> activity under this Permit. Permittee's obligation to pay extends to repairs and work done b <br /> Works own forces. Y Public <br /> Permittee shall report to the County in writing of any known damage caused by Permittee's activities <br /> under this Permit. If the Permittee causes damage to County Facilities which are serious in nature, i.e <br /> the damage may create a dangerous condition; the County must be notified immediately. For <br /> e, i.e., <br /> serious damage to County bridges, traffic signals, light standards and other a Y non- <br /> must file a written report to the County within 72 hours of the damage occurring. the Permittee <br /> In the event of damage to County Facilities is excessive or a written damage report is not timely filed <br /> County may cancel this Permit and Permittee agrees to cease all activity allowed for under th <br /> pending a satisfactory arrangement with County is made. is Permit, <br /> Upon conclusion of the Permittee's activity granted hereunder, Permittee shall notify County <br /> of the date of the last activity, which will commence the one-year holding �n writing <br /> shall then determine the needed work or repair to County Facilities and notify the ' nd. County <br /> of the cost of such repair or work. Permittee shall pay to County the sum total of repair work Permittee in venting <br /> the engineer's estimate within 30 days of such written notification. Upon receipt ofp payment,based yon <br /> shall return the Bond to Permittee and the Bond may be released in satisfaction of the one-year County <br /> period Permit condition. holding <br /> Attachment: Indemnity Bond, issued by International Fidelity Insurance Company, Bond N <br /> o.0543834, <br /> dated January 18, 2011. <br /> damag .. 19-11 aor <br /> Ts , <br /> e 1 (2).docx e <br />