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HomeMy WebLinkAbout88- County Encroachment App. and Permit, McIlhattan Road - 1988 . .- .. . . . '. . - . ~ .. GALLATIN COUNTY ENCROACH~F:NT APPLTCA'l'WN AND PF:RHIT r'~c 11 ha t_ tan Road -----,_.~.,-~--~,-,--~-~-~~'_._.,_.,~- ----- (Project or Road Affected) (Maintenance NUl'lber) In~t:gLl~proach (1 nsert Nature of this Permi t) l. Name of Applicant: Ci t~y of Bozeman 2. Address of Applicant: P. O. Box 640, Bozeman, Mon Lc:ma 3. If Applicant is a Corporation give State of incorporation cmd nCllnes of President & Secretary: 4. Nature of Permi t desired: (Give sufficient detail to permit thorough unclers tanding, and submit blueprints or sketches, in triplicate, i. f desired by Commissioners.) Inst_al1 Approach of NOJ:theast side of Count~y Road. 5. Geographical points at or near which installations or structures will be installed: NE!a of Se ct_1.on 31, Township 1 South 6. Range 6 East-. . the permit desired: For hm" long a perlod lS PeJ:manent. 7. REHARKS: l' .:cet of 15" CuI veJ:t .)\) Dated at Bozeman, ~lontana , this ~9 day of r 19j'y.. .~ '-~." ~' .._-_.~~~,"". '~,." "".,~-,. ~-'",~'-~... ..,~" -~..~-~".,-~~-_._----'._~_._~ 12.t:h ci B~~ ), _~#! J~;3 J #iLe/~,:r ~ Sl.gnature of Aprllcant) Subject to the following terms and conditions, the pennit herein applied for is hereby granted: l. TEHN. This permit shall he in full force and effect from the date here of until i"evoked as herein provided. 2. RENTAL. Rent<11 shall he 3. REVOCATiON. This permit may he revoked by the County upon - gi ving . -!ij. days' notice to Perm-ittee by d' 1in<1ry pwil, directed to the address shown in the'_lOpJica l_ Lon hereto attached, but the County reserves tIll nghl to revoke this permit without giving said notice in the event PerMittee breaks any of the conditions or terms set forth herein. 4. cm1MENCHENT OF HORK. No work sha-'1 be commenced until Permittee notieies County !<OiJ d SuperinLendcnl when he proposed to commence work. ,- CHk\lGES TN HIGHWAY: [f State or County changes highway ) . necessitating ch<1nges -in structures or installations installed under this permit, Permi t tee shaLl make necessary changes without expense to St<1te or County. 6. STATE AND CO!!I\!'T'\' SAVED HARlfLESS FORtI CLAIMS. in accepting this permi t the Permittee, its/his successors or assigns, agree to protect the State and COtElty and save them harml ess (;::,'- from all cIa_1m;.:. dcti on, or d<1magc of every kind and descrip- t:;- - , t,"; : I 1"-"" '.' )."',- ..".'-, I " '.,.. "',om ~,'J:,:' ,~..:". ~ . . . >. . ~ - ~ . ... tion which may accrue to, or be suffered by, any person or persons, corporations or property by reason of the performance of any such work, character of materials used, or manner of installation, maintenance and operation, or by the improper occupancy of said high- way right of way, and in case any suit or action is brought against the State or County and arising out of, or by reason of, any of the above causes, the Permittee, its/his successors or assigns, will, upon notice to it/him of the commencement of such action, defend the same at its/his sole cost and expense and satisfy any Judgment which may be rendered against the State or County in any such sui t or action. 7. PROTECTION OF TRAFFIC. Insofar as the interests of the State <Jnd County and the traveling public are concerned, all work performed under this permit shall be done under the supervision of the County Super- intendent of Roads and his authorized representatives, and he/they shall indicate barriers to be erected, the lighting thereof at night, placing of flagmen and watchmen, manner in which traffic is to be h<Jndled, and shall specify to Permittee how road surface is to be re- placed if it is disturbed during operations, but said supervision shall in no way operate to relieve or disch<Jrge Permittee from any of the obligations ass\med by acceptance of this Permit, and especially those set forth under Section 6 hereof. 8. HIGHWAY DRAINAGE. If the work done under this permit interferes in any way wi th the drainage of the highway af [ected, Permittee shall, at its/his own expense, make such provisions as the County may di rec t to take care of said drainage. 9. RUBBISH AND DEBRTS. Upon completion of work contemplated under this permit, all rubbish and debris shall be immediately removed and the roadway and roadside left in a neat and presentable condition that is satisfactory to the County. 10. HORK TO BE SUPERVISED BY COUNTY. All work contemplated under this permit shall be done under the supervision of and to the satisfaction of the authorized representative of the County, and the County hereby reserves the righ t to order the change of location or removal of any structure or l;lstallation authorized by tLis permit at any time, said changes or removal to be made at the sole expense of the Permittee. 11. COUNTY'S RIGHT NOT TO BE TNTERFERED lVTTll. All such changes, recon- structing or relocation shall be done by Permittee in such a manner as wi 11 cause Lhe least interference with any of the County's work, and the County shall in no wise be liable for any damage to the Permittee by reason of any such work by the County, its agents, contractors or representatives, or by the exercise of any rights by the County upon the highways by the install<Jtions or structures placed under this Permit. 12. REMOVAL OF INSTALLATIONS OR STRUCTURES. Unless waived by the County upon termination of this permit, the Permittee shall remove the installations or structures contemplated by this Permit and restore the premises to the condition existing at the time of entering upon the same under this permit, reasonable and ordinary wear and tear and damage by the elements, or by circumstances over ~:hich the Permittee has no control, excepted. 1 '1 MAINTENANCE AT EXPENSE OF PELUllTTt:E. Permittee shall maintain, at its / his sole expense the installations and structures for which this permit lS granted, in a condition satisfactory to the County. 14. COUNTY NOT LTABLE FOR DAMAGE TO TNSTALLATIONS. In accepting this permit the Permittee agrees that any damage or injury done to said installation or structures by a contractor working for the County or by any COWlty employee engaged in com;truction, alteration, repair, maintenance or improvement of the County highway, shall be at the sole expense of the Permittee. 15. COUNTY TO BE RETMBURST:D FOR REPATRTNG ROAm.,rAY. Upon being billed there- for Permittee !lgrees to promptly reimburse County for any expense incurred in repariing surface of roadway due to settlement at installation, or for any other damage to roadway as a result of the work performed under this permit. . ... .. " ;. . .. .. . *. ~ ... ."' 16. All culverts placed in driveways connecting to County or secondary roads must be new and galvanized, and the size recommended by the bridge foreman. No abutments may be placed at the ends of the culverts, which will extend above the surface of the driveway, and no curvings or obstructions above the levEe'l of the existing road in the County right-a-way. DATED at Bozeman, Mont<Jna, this ~~-'_ day of,}J2J1.V.__________, 19,>-' t' . \" . -.~_.,.c.- , COUNTY OF GALLATIN B~/111(/\1) ,,1~'1> A/lj/[j/ Chariman, Board of County Commission ATTEST: ---~,.,. ~d~-'. ~-".'~'- '. unty Cler <Jnd-. ecorcler 'l11e undersigned, the "Permittee" mentioned in the foregoing instrument, hereby accepts this permi t, together with all of the terms and conditions set forth therein. -iC,~ lltl Iffa Permlt ee .-------. -....----......--..- ..... .. ." - .. . .. .. .. .. . - . ..