|
General Provisions
<br /> 1. The Permit Holder,its successors and assigns,agrees to protect the State of Washington,its officers and employees and save them harmless
<br /> from all claims,actions or damages of every kind and description which may accrue to or be suffered by any person,persons,or property
<br /> by reason of the acts or omissions of the Permit Holder,its assigns,agents,contractors,licensees,employees or any person whomsoever,in
<br /> connection with Permit Holder's,its assigns',agents',contractors',licensees'or employees'construction,installation,maintenance,operation,
<br /> use or occupancy of the right of way or in the exercise of this permit In case any suit or action is brought against the State of Washington,
<br /> its officers and employees,arising out of or by reason of any of the above causes,the Permit Holder,its successors or assigns will,upon notice
<br /> of such action,defend the same at its sole cost and expense and satisfy any judgement against the State of Washington,its officers,or
<br /> employees:PROVIDED,that if the claims or damages are caused by or result from the concurrent negligence of(a)the State of
<br /> Washington's agents or employees and(b)the Permit Holder or Permit Holders agents or employees,this indemnity provision shall be valid and
<br /> enforceable only to the extent of the negligence of the Permit Holder or the Permit Holder's agents or employees.
<br /> The Permit Holder,and on behalf of its assigns,agents,licensees,contractors and employees agrees to waive any claims for losses,expenses,
<br /> damages or lost revenues incurred by it or its agents,contractors,licensees,employees or customers in connection with Permit Holder's,its
<br /> assigns',agents',contractors',licensees'or employees'construction,installation,maintenance,operation,use or occupancy of the right of
<br /> way or in the exercise of this permit against the State of Washington,its agents or employees except the reasonable costs of repair to
<br /> property resulting from the negligent injury or damage to Permit Holder's property by the State of Washington,its agents,contractors or
<br /> employees.
<br /> 2. During the progress of the work,such barriers shall be erected and maintained as may be necessary or as may be directed for the protection
<br /> of the traveling public;the barriers shall be properly lighted at night.
<br /> 3. Except as herein authorized,no excavation shall be made or obstacle placed within the limits of the State highway in such a manner as to
<br /> interfere with the travel over said road.
<br /> 4. If the work done under this permit interferes in any way with the drainage of the State highway,the Permit Holder shall wholly and at its own
<br /> expense make such provision as the Department may direct to take care of said drainage.
<br /> 5. Permit Holder hereby authorizes the Department to enter upon their lands where necessary to construct or reconstruct the permitted access
<br /> connection and/or construct and maintain traffic control devices and appurtenances.
<br /> 6- The access connection shall be maintained between the right of way line and the shoulder line of said(highway,frontage service road of said
<br /> highway,highway and/or frontage service road,""Line of said highway)by the Permit Holder,their heirs,successors or assigns.
<br /> 7. On completion of said work herein contemplated,all rubbish and debris shall be immediately removed and the roadway and roadside shall be
<br /> left neat and presentable and satisfactory to the Department.
<br /> 8. The cost of construction or modification of a connection shall be the responsibility of the Permit Holder,including the cost of modification of any
<br /> connection required as a result of changes on property site use in accordance with WAC 468-51-110.
<br /> g. The Department hereby reserves the right to order the change of location or the removal of any structure or structures authorized by this
<br /> permit at any time,said change or removal to be made at the sole expense of the party or parties to whom this permit is issured,or their
<br /> successors and assigns.
<br /> 10. Existing permitted connections impacted by the Department's work program and which,in the consideration of the Department,necessitate
<br /> modification,relocation,or replacement in order to meet current Department connection location,quantity,spacing,and design standards,
<br /> shall be modified,relocated,or replaced in kind by the Department at no cost to the Permit Holder. The cost of further enhancements or
<br /> modification to the altered,relocated,or replaced connections desired by the Permit Holder shall be the responsibility of the Permit Holder.
<br /> 11. If any changes are made or proposed in the land use,intensity of development,type of traffic,or traffic flow of the property served by this
<br /> connection permit,the Permit Holder is required to contact the Department to determine if further analysis is needed to determine if the change is
<br /> significant and would require a new permit and modifications to the connection.
<br /> 12. All such changes,reconstruction,or relocation by the Permit Holder shall be done in such manner as will cause the least interference with any of
<br /> the Department's work,and the Department shall in no way be held liable for any damage to the Permit Holder by reason of any such work by the
<br /> Department,its agents or representatives,or by the exercise of any rights by the Department upon roads,streets,public places,or structures
<br /> in question.
<br /> 13. This permit or privilege shall not be deemed or held to be an exclusive one and shall not prohibit the Department from granting other permits
<br /> or franchise rights of like or other nature to other public or private companies or individuals,nor shall it prevent the Department from using
<br /> any of its roads,streets,or public places,or affect its right to full supervision and control over all or any part of them,none of which is hereby
<br /> surrendered.
<br /> 14. The Department may revoke,amend,or cancel this permit or any of the provisions thereof at any time by giving written notice to the Permit Holder.
<br /> The Permit Halder shall immediately remove all facilities from the right of way. Any facilities remaining upon the right of way 30 days after written
<br /> notice of cancellation shall be removed by the Department at the Permit Holder's expense.
<br /> 15. It is the responsibility of the apllicant or Permit Holder to obtain any other local permits or other agency approvals that may be required,including
<br /> satisfaction of all environmental regulations. It is also the responsibility of the Permit Holder to acquire any property rights necessary to provide
<br /> continuity from the applicant's property to the Department's right-of-way if the Permit Holdets property does not abut the right of way.
<br /> 16. The party or parties to whom this permit is issued shall maintain at its or their sole expense the structure or object for which this permit is
<br /> granted in a condition satisfactory to the Department.
<br /> 17. Any breach of any of the conditions and requirements herein made,or failure on the part of the Permit Halder of this permit to proceed with due
<br /> diligence and in good faith after its acceptance,with construction work hereunder,shall subject this permit to cancellation as herein provided.
<br /> 18. This permit is subject to all applicable provisions of 468-51 WAC,468-52 WAC,Chapter 47.50 RCW,Chapter 47.32 RCW,and/or
<br /> Chapter 47-44 RCW,and amendments thereto.
<br /> RAMPS-Access Connection Permit-Page 2 %
<br /> t��11
<br />
|