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I'gQK©AAC 3FLIT I FEIRIffI GE NTERA ,PPMUSI0 S <br />I. This pc=, -t is issued under ar.d subject to aI1 laws and ordinances of agencies governing the encroachment herein perrnittted.See thefollowingreferences: <br />STREETS AND--HIC-HWAYS 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 5S and Chapter 6 <br />SA*.JOAQUIN COUNTY ORDINANCES NZTMBERED.324,441,648,66_2-6721695,700,860,892,3359,and 3675. <br />2. It is understood and agreed by the Ptrmitee that the performance ofany work under this permit shall constitute an acceptance ofall theprovisionscontainedhereinandfailure-on the Permi—u='s part to comply vy th any provision will be cause for revocation of this pt4=L-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 shaU at all times during the prog`essoftheworkkeeptheCountyHighwayin_as-neat and-clean condition as is possible and upon completion ofthe work authorized inhereshallleavetheCountyHighwayinathoroughlyneat;clean and'usable condition. <br />4. The Permittee also agrees by the acceptance ofthis permit to properly maintain any encroachment structure placed by the Permittee on anvpatoftheCountyHighwayandtoimmediatelyrepairanydamagetoanyportionofthehighway,which occurs as a result of the <br />maintenance ofthe said encroachment structure,until such time as the Permittee may berelieved ofthe responsibility for such maintenancebytheCountyofSanJoaquin. <br />5. ThePermit=also agrees by the acceptance of this permit to make,at its Own expense,such repairs as may be deemed necessary by theCountyDepartnentofPublicWorks. <br />6. It is further agreed by the Permittee that whenever construction,reconstruction-or maintenance work upon the highway is necessary,theinstallationprovidedforhereinshall,upon request ofthe County Department ofPublic"'Works,be immediately moved or removed by andatthesoleexpenseofthePermittee. <br />7. No material used for El or backfill in construction ofthe encroachment shall be borrowed or taken from within the County right ofway. <br />8. All work shall be planned and carried out with as lisle inconvenience as possible to the traveling public—No material shall be stacked <br />within eight feet(8')'ofthe edge ofthe pavement or traveled way unless otherwise provided herein. Adequate provision shall be made for <br />the protection ofthe traveling public. Trafni c control standards shall be utilized including barricades;approved signs and lights;andflagmen,as required by the particular work in progress. <br />9. The Permittee,by_the acceptance ofthis permit',shall assume full responsibilityfor all liability for personal injury or damage to propertywhichmayariseoutoftheworkhereinpermittedorwhichmayariseoutofthefailureofthepartofthePermitteetoproperlyperformtheworkprovidedunderthispermitIntheeventanyclaimofsuchliabilityismadeagainsttheCountyofSanJoaquinoranydepartment•,official or employee thereof the Permittee shall defend,indemnify,and hold each ofthem harmless for such claim <br />10. All back:Fall-material is to be moistened as necessary and thoroughly compacted with mechanical means.Lfrequired by the County DirectorofPublicWorks,such baclofll 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 ofthe roadway.to a completely stable condition and until relieved of such responsibilitybytheCountyDepartmentofPublicWorks.Wherever a gravel,cushed rock or asphalt surface is removed or damaged in the course of <br />work related to the permitted encroachment,such material shall either be separately stored and replaced in the roadway as nearly aspossibleinitsoriginalstateorshallbereplacedinkind,and the roadway shall be left in at least as good a condition as it was before the <br />commencement of operations ofplacing the encroachment structure. <br />11. Whenever it becomes necessary to secure permission from abutting properly owner for the proposed work,such authority must be securedbythePermitteepriortostartingwork- <br />12.ork12. The current and future safety and convenience.ofthe traveling public shall be given every consideration in the location and methods of <br />construction utilized. <br />13. The Permittee is responsible for the preservation of survey monuments within the work herein permitted_Lrany are disturbed,the Permittee <br />is required to tie out each location and re-establish them afte.-completion ofwork,using a licensed land surveyor.A comer record must befiledinaccordancewiths'iate law for any re-set monuments. <br />NLI'SCO-UI\=_-nnl2013.doc