City of Brookhaven, GA


Shane Cape
404-637-0522
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Step 1 of 2 - Terms and Conditions


In carrying out any and all work within the City of Brookhaven, whether on Right-of-Ways, City Property or Easements, I, as well as the applicant company I represent, accept the regulations and indemnification requirements of the City of Brookhaven and agree to fully comply the terms, conditions, indemnification provisions, restrictions and covenants required by the permit issued by the City to allow such work to occur. I further declare that I have the power and authority to bind the applicant (referred to as the “Applicant” or “Permitee”) to these terms and conditions. The Applicant shall comply with all City Ordinances and Right-of-Way Regulations as they may exist from time to time and the General Provisions set forth below, which are expressly acknowledged and agreed to.

 

GENERAL PROVISIONS

 

1. IT IS EXPRESSLY STIPULATED THAT THIS PERMIT IS A LICENSE FOR PERMISSIVE USE ONLY AND THE PLACING OF FACILITIES UPON PUBLIC PROPERTY PURSUANT TO THIS PERMIT SHALL NOT OPERATE TO CREATE OR VEST ANY PROPERTY RIGHTS IN HOLDER.

 

2. PRIOR TO THE INITIATION OF ANY WORK UNDER THIS PERMIT, THE APPLICANT SHALL DETERMINE THE LOCATION OF ANY AND ALL OTHER INSTALLATIONS FOR UTILITIES UPON, OVER OR ACROSS THE RIGHT – OF – WAY AND SHALL INSTALL, OPERATE AND MAINTAIN THE FACILITIES IN SUCH A MANNER AS NOT TO DAMAGE OR INTERFERE WITH THE OPERATION OF ITS EXISTING FACILITIES.

 

3. WHENEVER NECESSARY FOR THE CONSTRUCTION, REPAIR, IMPROVEMENT, MAINTENANCE, SAFE AND EFFECTIVE OPERATION, ALTERATION OR RELOCATION OF ALL OR ANY PORTION OF THE ROADWAY OR OTHER COUNTY FACILITIES AS DETERMINED BY THE CITY OF BROOKHAVEN, ANY OF ALL SAID FACILITES AND APPURTENANCES AUTHORIZED HEREUNDER SHALL BE IMMEDIATELY REMOVED FROM THE RIGHT – OF – WAY OR RESET OR RELOCATED THEREON, AS REQUIRED BY THE CITY OF BROOKHAVEN, AND AT THE SOLE EXPENSE OF THE PERMITTEE UNLESS REIMBURSEMENT IS AUTHORIZED BY SEPARATE AGREEMENT. SHOULD THE PERMITTEE FAIL TO REMOVE OR RELOCATE FACILITIES, UPON – DUE NOTICE FROM THE CITY, PERMITTEE SHALL BE LIABLE FOR ANY EXTRAORDINARY COST OR DAMAGES INCURRED BY THE CITY OF BROOKHAVEN AS RESULT THEREOF.

 

4. APPLICANT AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY OF BROOKHAVEN AND ALL OFFICERS, EMPLOYEES OR AGENTS OF THE CITY OF BROOKHAVEN OR ANY POLITICAL SUBDIVISION THEREOF, AGAINST ANY AND ALL CLAIMS, DAMAGES, DEMANDS ACTIONS, CAUSES OF ACTION, COSTS AND EXPENSES OF WHATSOEVER NATURE, WHICH MAY RESULT FROM ANY INJURY TO, OR THE DEATH OF ANY PERSONS, OR FROM THE LOSS OF OR DAMAGE TO, PROPERTY OF ANY KIND OR NATURE, WHEN

SUCH INJURY, DEATH, LOSS OR DAMAGE ARISES OUT OF THE CONSTRUCTION

OPERATION, MAINTENANCE, REPAIR, REMOVAL OR RELOCATION OF THE

FACILITIES COVERED BY THIS PERMIT.

 

5. THE CITY OF BROOKHAVEN, ITS ENGINEERS, OFFICERS OR EMPLOYEES SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR INJURY OR DAMAGE THAT MAY OCCUR TO FACILITIES COVERED BY THIS PERMIT, OR TO ANY CONNECTION OR CONNECTIONS THERETO, BY REASON OF CITY MAINTENANCE AND CONSTRUCTION ACTIVITIES OR CITY CONTRACTOR OR PERMITTEE OPERATIONS. THE CITY OF BROOKHAVEN’S CONTRACTOR SHALL NOT BE HELD LIABLE FOR ANY DAMAGE THAT MAY OCCUR TO UTILITY FACILITIES IF THE PERMITTEE HAS BEEN NOTIFIED OF A CONSTRUCTION CONFLICT AND GIVEN REASONABLE TIME TO MARK OR RELOCATE ITS FACILITIES BUT HAS FAILED TO DO SO. THE FACILITY OWNER SHALL BE RESPONSIBLE FOR INTERFACING WITH UTILITES PROTECTION CENTER (UPC) TO DETERMINE NOTIFICATION.

 

6. IF THE CITY OF BROOKHAVEN UNDERTAKES TO IMPROVE THIS ROADWAY OR OTHER COUNTY OWNED FACILITIES IT SHALL BE THE RESPONSIBILITY OF THE PERMITTEE TO PLAN WITH THE CITY OF BROOKHAVEN AND ITS CONTRACTOR A SCHEDULE WHICH WILL CLEARLY SET FORTH AT WHICH STATE OF OPERATIONS THE PERMITTEE WILL BE REQUIRED TO PERFORM ANY ADJUSTMENT TO ITS FACILITIES NECESSARY TO ACCOMMODATE THE CITY IMPROVEMENTS.

 

7. DURING THE INITIAL INSTALLATION OR CONSTRUCTION OF FACILITES AUTHORIZED BY THIS PERMIT, OR DURING ANY FUTURE REPAIR, REMOVAL OR RELOCATION THEREOF OR ANY MISCELLANEOUS OPRATIONS. THE PERMITTEE SHALL, AT ALL TIMES, MAINTAIN FLAGMAN, SIGNS, LIGHTS, FLARES, BARRICADES, AND OTHER SAFETY DEVICES IN ACCORDANCE WITH THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES AND AS MAY BE NECESSARY TO PROPERLY PROTECT TRAFFIC UPON THE ROADWAY AND TO WARN AND SAFEGUARD THE PUBLIC AGAINST INJURY OR DAMAGE.

 

8. IT IS EXPRESSLY PROVIDED THAT WITH RESPECT TO ANY LIMITED ACCESS HIGHWAY, THE PERMITTEE SHALL NOT HAVE OR GAIN DIRECT ACCESS, WHETHER INGRESS OR EGRESS, FROM THE MAIN TRAVELED WAY OF SAID HIGHWAY OR ITS ON OR OFF RAMPS TO ANY FACILITIES AUTHORIZED BY THE PERMIT EXCEPT UPON SPECIFIC APPROVAL BY THE CITY OF BROOKHAVEN.

 

9. IT IS THE APPLICANT’S RESPONSIBILITY TO VERIFY THE LIMITS OF PUBLIC RIGHTOF-WAY AND PERFORM LAND SURVEYING IF NECESSARY FOR LOCATION OF THE UTILITY FACILITIES AUTHORIZED HEREBY.

 

10. NO INHERENT OR RETAINED RIGHT OR PRIVILEGE OF ANY ABUTTING PROPERTY

OWNER IS AFFECTED BY THIS PERMIT NOR IS THE CITY OF BROOKHAVEN RESPONSIBLE FOR ANY CLAIM WHICH MAY DEVELOP BETWEEN THE PERMITTEE AND ANY

PROPERTY OWNER CONCERNING THE USE OF THE RIGHT-OF-WAY. PERMITTEE IS

RESPONSIBLE FOR MAINTAINING REASONABLE ACCESS TO PRIVATE DRIVEWAYS

DURING INSTALLATION OF ITS FACILITIES AND FOR RESTORATION OF DRIVEWAYS TO THE OWNER’S SATIFACTION. THE PERMITTEE WILL BE REQUIRED TO REPLACE ANY DISTURBED AREA WITH “IN KIND” MATERIALS THROUGHOUT ENTIRE PERMIT AREA UNLESS A SATISFACTORY REPLACEMENT IS APPROVED BY THE COUNTY AND ABUTTING PROPERTY OWNERS.

 

11. APPROVAL OF THIS PERMIT DOES NOT CONSTITUTE APRROVAL OF DESIGN (OR CONSTRUCTION DETAILS FOR THE PROPOSED FACILITIES). APPLICANT IS RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE GOVERNMENTAL CODES AND REGULATIONS.

 

12. USE OF EXPLOSIVES WITHIN THE COUNTY RIGHT-OF-WAY IS PROHIBITED UNLESS

APPROVED BY SEPARATE PERMIT.

 

13. APPLICANT SHALL BE RESPONSIBLE FOR OBTAINING APPROVALS FOR THE PROPOSED INSTALLATION WHICH MAY BE REQUIRED BY ANY LOCAL GOVERNMENT OR AGENCY ON ROADS OR STREETS UNDER THEIR JURISDICTION.

 

14. PERMITTEE SHALL GIVE THE CITY OF BROOKHAVEN A MINIMUM OF 24 HOURS NOTICE PRIOR TO BEGINNING ANY WORK UNDER THIS PERMIT.

 

15. THIS PERMIT SHALL BE VOID UNLESS WORK HEREUNDER IS BEGUN WITHIN NINETY (90) DAYS OF THE DATE OF ITS APPROVAL.

 

16. THE PROVISIONS OF THIS PERMIT ARE REGULATORY AND NOT CONTRACTUAL. NO INTEREST OR RIGHT OF AN APPLICANT GRANTED BY THIS PERMIT MAY BE TRANSFERRED TO ANOTHER EXCEPT BY WRITTEN CONSENT OF THE CITY OF BROOKHAVEN.

 

17. THIS PERMIT MAY BE REVOKED AT THE DISCRETION OF THE CITY OF BROOKHAVEN UPON THIRTY (30) DAYS WRITTEN NOTICE TO THE PERMITTEE.

 

18. ANY UTILITY CUT MADE WITHIN THE ROADBED OF ANY CITY ROAD SHALL BE REPLACED AS REQUIRED BY THE CITY OF BROOKHAVEN STANDARD DRAWING 804. IN ADDITION, SAID CUT SHALL BE PLATED UNTIL SUCH TIME AS THE CONCRETE HAS CURED TO DESIGN COMPRESSIVE STRESS AND PROMPTLY ASPHALTED.

 

19. PERMITTEE SHALL BE RESPONSIBLE FOR OBTAINING ANY OTHER STATE AND FEDERAL PERMITS NECESSARY FOR WORK PERFORMED UNDER THIS PERMIT.

 

20. THE PERMITTEE’S ATTENTION IS DRAWN TO THE REQUIREMENTS OF THE GEORGIA SEDIMENTATION AND EROSION CONTROL ACT. IF STRICT ADHERENCE TO THOSE REQUIREMENTS ARE NOT MET, THE CITY HAS THE AUTHORITY TO REVOKE THIS PERMIT.