Encroachment Permit Clause Examples

Encroachment Permit. A. CALTRANS will issue, upon proper application, the encroachment permits required for Project within State Highway System (SHS) right-of-way. LOCAL AGENCY, their contractors, consultants, agents’ contractors and/or agents and utility owners will not work within the SHS right-of-way without an encroachment permit issued in their name. CALTRANS will provide encroachment permits to LOCAL AGENCY, their contractors, consultants, agents, and utility owners at no cost to LOCAL AGENCY. B. LOCAL AGENCY will submit a one-time encroachment permit application for routine Project work as required by this Agreement. An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement or any work that is not regular maintenance, prior to the start of any work within CALTRANS' right of way.

Encroachment Permit. For any work done in the public right-of-way, Developer shall obtain an Encroachment Permit from the City and shall, at is sole cost, furnish the City with the required certificates of insurance and endorsements for review and approval by the City before the start of any work, and shall maintain insurance throughout the duration of the Agreement.

Encroachment Permit. LAHCF shall apply for an Encroachment Permit for all Deployment work and each job within the Public Right-of-Way. LAHCF shall furnish detailed plans of the work, including proposed underground and overhead routes, and other such information as required by the City Engineer and shall pay all processing, field marking, engineering and inspection fees, and any other fees that the Town may be authorized to impose now or in the future prior to issuance of the permit in accordance with the rates in effect at the time of payment. All proposed work shall be constructed in accordance with Laws, and as further provided for in the provisions of this Agreement. The Town may, at its option, require LAHCF to deposit an amount equal to the reasonable estimate of the Town's actual costs of issuing an Encroachment Permit. LAHCF shall pay such deposit in the amount specified by the Town prior to the issuance of an Encroachment Permit. Town shall be entitled to draw on this deposit on a time and materials basis as reimbursement for the Town's actual costs incurred in issuing the Encroachment Permit. The Town shall refund any unused portion of the deposit to LAHCF upon completion of the work described in the Encroachment Permit. If, in the event that Town reasonably determines that the amount of the deposit remaining will not be sufficient to reimburse the Town for its estimated actual costs through completion of the work, Town may require and LAHCF shall replenish the deposit as required by the Town within five (5) days of written notice thereof. Failure to comply with the terms and conditions of this Agreement may, at Town's sole discretion, result in withholding issuance of any new Encroachment Permits.

Encroachment Permit. The City shall issue an encroachment permit to permit Developer to occupy the surface area of the eastern portion of Serra Avenue, consisting of the western seven (7) feet in width adjacent to the eastern right of way of Serra Avenue (as depicted on the final map and/or by way of a separate instrument), as well as the western twenty four (24) feet in width adjacent to the eastern right of way of Serra Avenue, starting a depth fourteen (14) feet below surface grade and an area starting at twenty five feet above finished surface. Five years after a certificate of occupancy has been issued to Developer, City will consider the abandonment of this area and the consequential extinguishment of any third party private easement claims, after compliance with legal notification and hearing requirements, if any, contained in state law and applicable local codes.

Encroachment Permit. Subject to Developer’s compliance with all terms, covenants and conditions of this Agreement, the City agrees to issue to Developer an Encroachment Permit over those portions of the right of way contiguous to the Property for use for certain activities and amenities limited to awnings, benches, art installations, planters, pots, and signage (the “Encroachment Area”). The Encroachment Area is depicted in Exhibit G. The Encroachment Permit will have a term of 60 years.

Encroachment Permit. Prior to the construction of the Pipeline Relocation Work, SFPP shall obtain a permit from the County for relocation work within County’s public road right-of-way. The permit’s terms and conditions shall be consistent with this Agreement. All encroachment permit filing and processing fees, relating solely to these Pipelines and Pipeline Relocation Work, shall be paid for by County.

Encroachment Permit. Subject to Developer’s compliance with all terms, covenants and conditions of this Agreement, the City agrees to issue to Developer or renew an encroachment Permit over those portions of Mill Avenue and Rio Salado Parkway contiguous to the Project Property, for outdoor dining associated with restaurants or food service providers operating from within the Project as set forth in the PAD, and subject to receipt by the restaurant or food service provider of all requisite licenses and permits required for operation of such business at the Project. The Encroachment Permit will run with the title to the Property.

Encroachment Permit. Developer shall obtain any necessary encroachment permits from the office of the City Engineer prior to start of any work within the public rights-of-way, and the Developer shall conduct such work in full compliance with the regulations and other requirements contained therein. The Developer shall be responsible for the removal of all loose rock and other debris from the public rights-of-way resulting from work done on adjacent property or within said rights-of-way. Work done within existing public rights-of-way shall be diligently pursued to completion with minimal obstruction or inconvenience to the public and pursuant to the terms of the encroachment permit and any applicable federal, state or local laws, rules or regulations. The City shall have the right to complete any and all work in the event of unjustified delay in completion, and to recover all costs and expenses incurred from the Developer or its surety by any lawful means. Non-compliance with the terms of the encroachment permit or any applicable federal, state or local laws, rules or regulations may result in the City’s cessation of the work and assessment of any applicable penalties or other remedies. Prior to, and as a condition precedent to, the issuance of any required encroachment permit(s), Developer shall provide to the City evidence satisfactory to the City of: (1) the certificate(s), endorsement(s), or policy(ies) of insurance as required by this Agreement; and (2) any and all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work.

Encroachment Permit. 8.1. Upon execution of this Agreement, MTO will issue to the Municipality a MTO encroachment permit under section 38(2)(a) of the PTHIA. The terms and conditions of this permit are contained in Schedule ‘B’ of this Agreement. 8.2. A copy of this Agreement, including Schedule “A’ and Schedule “B”, shall be attached to any future permit issued under PTHIA to the Municipality with respect to the Plant. Any such permit shall reference the same forming part of the terms and conditions of the permit.