HomeMy WebLinkAboutUnderground Right - of - Way Permits
Augusta Richmond GA
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A~ 10, 2000
SECOND AMENDMENT
AUGUSTA, GEORGIA
UNDERGROUND RIGHT-OF- WAY PERMIT
Permission is hereby granted by Augusta, Georgia ("Augusta") to Qwest
Communications Corporation ("Permittee") to make excavation into the rights-of-way of the
streets listed below, under the terms and conditions set forth in this permit.
I. Term. This permit shall be valid for a period of one (I) year from the date of
issuance. This permit shall automatically be renewed for additional terms of one (1) year unless
notice of the intent to cancel is provided by Permittee to Augusta no later than sixty (60) days
prior to expiration of the then-current term, subject to the City's right to adjust the fee for such
Permit.
2. Rights not exclusive. Nothing contained in this Permit shall ever be held or
construed to confer upon Permittee, its successors and/or assigns, exclusive rights or privileges
of any nature whatsoever.
3. Conditions of Use.
a. Prior to beginning any work in any public streets or rights of way,
Permittee shall obtain from the Augusta Public Works Department, the Augusta License &
Inspection Department and the Augusta Parks Department any permits which may be required by
Augusta or any other governing authority for the installation of 1,344 feet of fiber optic cable
contemplated herein (hereinafter "System"). Permittee is further required, before beginning any
excavation in a right-of-way, to contact all applicable utility companies for location of buried
cable, water services or mains, gas lines, and the like. All construction allowed under this Permit
shall be accomplished under the supervision and direction of the Public Works Department, or
such other offices as Augusta may designate. Permittee shall not unnecessarily obstruct or
impair traffic upon any street, road or other public way of Augusta and shall comply with all of
Augusta's rules and regulations designed to prevent damage to trees and shrubbery on or adjacent
to such public streets or rights of way which may be caused its installation of System hereunder.
b. Upon making an opening in any public way, street, sidewalk or road as
authorized by this Franchise for the purpose of laying, constructing, repairing and/or maintaining
said System, Permittee shall, without unnecessary delay, replace and restore same to its former
condition as nearly as possible, and in full compliance with the provisions of Augusta's policies,
rules, regulations and/or ordinances. Permittee shall re-sod disturbed grassed areas and replace
all excavated areas to their original or better condition in order to minimize the disruption of
public property. Permittee shall, at its sole cost, repair paving cuts in a good and workmanlike
manner to specifications outlined by the Public Works Department.
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August 10, 2000
c. Permittee shall provide safe passageway for pedestrians and vehicles
through, in and around the work site areas. Work shall be performed at night, if requested by
Augusta, so as not to impede regular business traffic. Permittee shall use directional boring in all
areas where possible unless otherwise required or approved by Augusta. Permittee shall meet all
local and State requirements for traffic control and notify Augusta at least 24 hours prior to the
commencement of work or the accessing of Augusta conduit, except in cases of emergency.
d. Permittee shall not cut or install any ditches or trenches within the root
zone of any tree but rather shall bore under the same unless written permission to do otherwise is
provided in advance by the Augusta Trees and Parks Department or its designee.
e. In all sections of Augusta where the cables, wires or other like facilities of
public utilities are placed underground, Permittee shall place its cable, wires or other like
facilities underground to the maximum extent that existing technology reasonably permits
Permittee to do so; provided, however, where Augusta's ordinances require such facilities to be
placed underground, nothing herein shall be deemed a waiver of such requirement.
f. Permittee shall file with the Augusta-Richmond County Engineering
Department true and correct maps or plats of all existing and proposed installations and the types
of equipment and facilities installed or constructed, properly identified and described as to the
type of equipment and facility by appropriate symbols and marks and which shall include
annotations of all public ways, streets, road and conduits where the work is to be undertaken.
Maps shall be drawn in a scale and in such detail so as to allow proper review and interpretation
by the Public Works Department and the Trees and Parks Department, and the same will be filed
with Augusta not less than ten (10) working days before any excavation or installation of said
cable or equipment or facilities commences.
g. If, at any time during the term of this Permit or any extension thereof,
Augusta shall lawfully elect to vacate, relocate, abandon, alter, reconstruct or change the grade of
any street, sidewalk, alley or other public way including any related drainage and utility areas,
Permittee, upon reasonable notice from Augusta, shall remove, relay and relocate its wires,
cables and other fixtures and equipment at its own expense and within reasonable time schedules
established by Augusta. Should Permittee refuse or fail to remove its equipment or plant as
provided for herein within 45 days after written notification, and should such failure result in a
danger to the public or cause a delay in a public project, Augusta shall have the right to do such
work or cause it to be done and the full cost thereof shall be chargeable to the Permittee, or in the
alternative, to consider such failure by the Permittee to remove its equipment or plant as
abandonment of all ownership rights in said property.
h. Permittee shall keep Augusta fully informed as to all matters in connection
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August 10, 2000
with or affecting the construction, reconstruction, removal, maintenance, operation and repair of
Permittee's System installed hereunder. Permittee shall report to Augusta such other information
relating to the Permittee as Augusta may consider useful and shall comply with Augusta's
determination of forms for reports, the time for reports, the frequency with which any reports are
to be made, and if reports are to be made under oath. Augusta may at any time make inquiries
pertaining to Permittee's operation of its System within Augusta. Permittee shall respond to such
inquiries on a timely basis.
i. Permittee shall install and m.aintain its wires, cables, fixtures and other
equipment in accordance with the requirements of all applicable Augusta codes, ordinances and
regulations, and in such a manner that they will not interfere with any existing installations of
Augusta or of a public utility serving Augusta.
4. Permit specifications; Payment.
a. Right-of-way occupancy permitted hereunder shall be (1) 5,950 feet as shown
on drawings attached to original permit issued on February 16, 1999; (2) 615 feet as shown on
drawings attached to First Amendment to Permit issued on July 5, 2000; and (3) 1,344 feet as
shown on drawings attached hereto.
b. The granting of this permit is conditioned upon the payment by Permittee to
Augusta of the additional annual sum of$6,nO.00, which represents the additional number of
linear feet of Permittee's System to be installed in the rights-of-way of Augusta pursuant to this
Permit times the rate per linear foot, which shall be paid annually for each renewal of this Permit.
The total to be paid annually hereafter is $39,545.00, which represents the total number oflinear
feet of Permittee's System to be installed in the rights-of-way of Augusta pursuant to this Permit
times the rIte per linear foot, which shall be paid annually for each renewal of this Permit
5. Safety Requirements.
a. Permittee shall at all times employ ordinary care and shall install and maintain
in use commonly accepted methods and devices for preventing failures and accidents which are
likely to cause damage or injury to the public or to constitute a nuisance. Permittee shall install
such equipment and employ such personnel to maintain its facilities so as to assure efficient
service, and shall have the equipment and personnel necessary to make repairs promptly.
b. Permittee shall install and maintain its System in accordance with the
requirements of applicable building codes and regulations of Augusta and the statutes and
regulations of appropriate Federal and State agencies, including but not limited to the Federal
Communications Commission and the U.S. Army Corps of Engineers, which may now be in
effect or enacted, and in such a manner that will not interfere with any installations of Augusta or
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August 10, 2U(XI
of any public utility serving Augusta.
c. Permittee's System, wherever situated, or located, shall at all times be kept
and maintained in a safe, operating condition and in good order and repair.
6. Liability and Indemnification.
a. By acceptance of this Permit, Permittee agrees that it shall indemnify, protect
and hold forever harmless Augusta, its elected officials, officers, agents, representatives and
employees, and their successors, legal representatives and assigns, from any and all claims of
every kind and nature whatsoever, and from liabilities, losses, costs, judgments, penalties,
damages and expenses, including reasonable attorney's fees and expenses of litigation incurred in
the defense of any such claim arising out of or relating to the installation, operation or
maintenance by the Permittee of the Permittee's System or the Permittee's failure to perform any
of the obligations of this Permit, including but not limited to claims for injury or death to any
person or persons, or damages to any property, as may be incurred by or asserted against
Augusta, its elected officials, officers, agents, representatives and/or employees, directly or
indirectly, by reason of the installation, operation or maintenance by the Permittee of the
Permittee's System within Augusta. Permittee shall pay, and, by acceptance of this Permit, the
Permittee specifically agrees that it will pay all damages and penalties which Augusta may
legally be required to pay as a result of installation, operation or maintenance by the Permittee of
the Permittee's System or the Permittee's failure to perform any of the obligations of this Permit.
These damages or penalties shall include, all damages arising from the installation, operation or
maintenance of the System authorized herein, whether or not any act or omission complained of
is authorized, allowed or prohibited by this Pernlit, and Augusta shall not be responsible in any
manner for any damage to the System and which may be caused by Augusta's employees or other
persons regardless of the cause of damage.
b. Permittee shall pay, and by its acceptance of this Permit, specifically
agrees that it will pay, all expenses incurred by Augusta in defending itself with regard to all
damages and penalties mentioned in subsection (a) above. These expenses shall include all out-
of-pocket expenses, including reasonable attorneys fees and expenses of litigation.
C. Permittee shall maintain, and by its acceptance of this Permit, specifically
agrees that it will provide throughout the term of this Permit, workers compensation insurance in
such amounts of coverage as required by the State of Georgia and liability insurance coverage
with regard to all damages mentioned in subsections (a) and (b) above in the following minimum
amounts, whichever is greater:
I. General Liability Insurance - public liability including premises,
products and completed operations.
4
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August 10, 2000
(a) Bodily injury liability $1,000,000 each person $2,000,000
each occurrence
(b) Property damage liability $1,000,000 each occurrence,
(c) Or, in lieu of (a) and (b) above, bodily injury and property
damage - $2,000,000 combined single limit.
2. Comprehensive - Automobile Liability Insurance including owned,
non-owned and hired vehicles.
(a) Bodily injury liability $1,000,000 each person $2,000,000
each occurrence,
(b) Property damage liability $1,000,000 each occurrence,
(c) Or, in lieu of (a) and (b) above, bodily injury and property
damage $2,000,000 combined single limit.
d. Permittee agrees that all insurance contracts providing any of the above
required coverage will be issued by one or more insurance carriers duly authorized to do business
in the State of Georgia and will contain the following required provisions:
I. Augusta, its elected officials, officers, agents, employees and
representatives shall be named as additional named insureds (as the interests of each may appear)
as to all applicable coverage;
2. All such contracts shall provide for thirty (30) days notice to
Augusta prior to cancellation, revocation, nonrenewal or any material change;
3. All "deductible amounts" contained in all such contracts providing
such insurance coverage shall not exceed $10,000 in the aggregate; and
4. The notice required by this Section shall be delivered to the person
specified in Section 10 herein by certified mail, return receipt requested.
The amount and conditions of said liability and comprehensive insurance
may be increased upon 60 days written notice by Augusta should the protection afforded by this
insurance be deemed by Augusta to be insufficient for the risk created by this Permit. At no
time, however, will any such increase in the amount of required liability and comprehensive
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August 10, 2000
insurance exceed that which is customarily required of other franchises or contractors of services
for similar situations of risk.
e. Permittee shall furnish Augusta at least annually (and at such other times
as may be reasonably required by Augusta) a certificate from the insurance carrieres) providing
such insurance coverage certifying that such coverage is in full force and effect. Such certificates
shall be in such form as is approved by Augusta and shall contain a provision requiring not less
than 30 days notice to Augusta prior to cancellation, non-renewal or any material change.
7. City rights in Permit.
a. Permittee shall construct, maintain and operate said System in such
locations as may be reasonably required by Augusta, and will at all times comply with all
reasonable requirements, regulations, laws and ordinances now in force, and which may hereafter
be adopted. by Augusta and be applicable to the construction, repair or maintenance of said
system or use of Augusta-owned rights-of-way. Failure of the Permittee to comply with any of
the terms of this Permit or failure to pay the Permit fees prescribed by this Agreement shall be
cause for Augusta to revoke this Permit. Without limiting the generality ofthe foregoing,
Augusta also reserves the right to terminate and cancel this Pemlit and all rights and privileges of
the Permittee hereunder in the event that the Permittee: (1) violates any rule, order or
determination of Augusta made pursuant to this Permit, except where such violation is without
fault or through excusable neglect; (2) becomes insolvent, unable or unwilling to pay its legal
debts, or is adjudged a bankrupt; (3) attempts to evade any of the provisions of this Permit; (4)
practices any fraud or deceit upon Augusta; or (5) fails to begin construction of its System within
one hundred eighty (180) days from the date this Permit is granted and to continue such
construction without unreasonable delay or interruption until completed.
b. Augusta's right to revoke this Permit may be exercised only after written
notice of default and a 30 day period for Permittee to cure such default except for any act of
default involving the payment of money or failing to provide any insurance coverage required
hereunder in which event said 30 day period shall be reduced to three (3) business days. The
right is hereby reserved to Augusta to adopt, in addition to the provisions contained herein and in
existing applicable ordinances, such additional regulations of general application to all similarly
situated pE.rmittees as it shall find necessary in the exercise of its police power; provided, that
such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the
rights herein granted.
8. No right to transfer or lease. Permittee shall not transfer this Permit to another
person without prior written approval of Augusta. This provision shall not be construed as
requiring Augusta's approval of secured financing arrangements.
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August 10. 2()(~O
9. Notice. For the purpose of giving notice as provided for in this Permit, the
following addresses are provided:
Permittee:
Qwest Communications Corporation
Qwest Network Construction Services
13952 Denver West Parkway, Bldg. 53
Golden, CO 8040 I
Attention: Ann Pnmt)', A VP 'Ri1 ~tkD~.tJ6.y
SC:UiOl Right of \Vffi Manager
Augusta:
Augusta-Richmond County Commission
Eighth Floor, Municipal Bldg (11)
530 Greene Street
Augusta, Georgia 30911
Attention: Charles R. Oliver
Unless Augusta is notified in writing to the contrary, the placing of notices in the United
States Mail addressed to the Permittee as set forth above by registered or certified mail, return
receipt requested, shall constitute compliance with the provisions of this Section.
10. Miscellaneous. If any section, subsection, sentence, clause, phrase or portion of
this Permit is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable
provision and such holding shall not affect the validity of the remaining portions hereof.
This Permit shall be interpreted and construed in accordance with the laws of the State of
Georgia. All claims, disputes and other matters in question between the Permittee and Augusta
arising out of or relating to this Permit, or the breach thereof, shall be decided in the Superior
Court of Richmond County, Georgia. The Permittee, by accepting this Permit, specifically
consents to venue in Richmond County and waives any right to contest the venue in the Superior
Court of Richmond County, Georgia.
Corporation
[SIGNA TURES CONTINUED ON NEXT PAGE]
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August 10, 2000
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June 21, 2000
FIRST AMENDMENT
AUGUSTA, GEORGIA
UNDERGROUND RIGHT-OF-WAY PERMIT
Permission is hereby granted by Augusta, Georgia ("Augusta") to Qwest
Communications Corporation ("Permittee") to make excavation into the rights-of-way of the
streets listed below, under the terms and conditions set forth in this permit.
I. Term. This permit shall be valid for a period of one (I) year from the date of
issuance. This permit shall automatically be renewed for additional terms of one (1) year unless
notice of the intent to cancel is provided by Permittee to Augusta no later than sixty (60) days
prior to expiration of the then-current term, subject to the City's right to adjust the fee for such
Permit.
2. Rights not exclusive. Nothing contained in this Permit shall ever be held or
construed to confel"upon Permittee, its successors and/or assigns, exclusive rights or privileges
of any nature whatsoever..
3. Conditions of Use.
a. Prior to beginning any work in any public streets or rights of way,
Permittee shall obtain from the Augusta Public Works Department, the Augusta License &
Inspection Department and the Augusta Parks Department any permits which may be required by
Augusta or any other governing authority for the installation of 615 feet of fiber optic cable
contemplated herein (hereinafter "System"). Permittee is further required, before beginning any
excavation in a right-of-way, to contact all applicable utility companies for location of buried
cable, water services or mains; gas lines, and the like. All construction allowed under this Permit
shall be accomplished under the supervision and direction of the Public Works Department, or
such other offices as Augusta may designate. Pemlittee shall not unnecessarily obstruct or
impair traffic upon any street, road or other public way of Augusta and shall comply with all of
Augusta's rules and regulations designed to prevent damage to trees and shrubbery on or adjacent
to such public streets or rights of way which may be caused its installation of System hereunder.
b. Upon making an opening in any puplic way, street, sidewalk or road as
authorized by this Franchise for the purpose of laying, constructing, repairing and/or maintaining
said System, Permittee shall, without unnecessary delay, replace and restore same to its former
condition as nearly as possible, and in full compliance with the provisions of Augusta's policies,
rules, regulations and/or ordinances. Permittee shall re-sod disturbed grassed areas and replace
all excavated areas to their original or better condition in order to minimize the disruption of
public property. Permittee shall, at its sole cost, repair paving cuts in a good and workmanlike
I
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June 21, 2000
manner to specifications outlined by the Public Works Department.
c. Permittee shall provide safe passageway for pedestrians and vehicles
through, in and around the work site areas. Work shall be performed at night, if requested by
Augusta, so as not to impede regular business traffic. Permittee shall use directional boring in all
areas where possible unless otherwise required or approved by Augusta. Permittee shall meet all
local and State requirements for traffic control and notify Augusta at least 24 hours prior to the
commencement of work or the accessing of Augusta conduit, except in cases of emergency.
d. Permittee shall not cut or install any ditches or trenches within the root
zone of any tree but rather shall bore under the same unless written permission to do otherwise is
provided iil advance by the Augusta Trees and Parks Department or its designee.
e. In all sections of Augusta where the cables, wires or other like facilities of
public utilities are placed underground, Permittee shall place its cable, wires or other like
facilities underground to the maximum extent that existing technology reasonably permits
Permittee to do so; provided, however, where Augusta's ordinances require such facilities to be
placed underground, nothing herein shall be deemed a waiver of such requirement.
f. Permittee shall file with the Augusta-Richmond County Engineering
Department true and correct maps or plats of all existing and proposed installations and the types
of equipment and facilities installed or constructed, properly identified and described as to the
type of equipment and facility by appropriate symbols and marks and which shall include
annotations of all public ways, streets, road and conduits where the work is to be undertaken.
Maps shall be drawn in a scale and in such detail so as to allow proper review and interpretation
by the Public Works Department and the Trees and Parks Department, and the same will be filed
with Augusta not less than ten (10) working days before any excavation or installation of said
cable or equipment or facilities commences.
g. If, at any time during the term of this Permit or any extension thereof,
Augusta shall lawfully electto vacate, relocate, abandon, alter, reconstruct or change the grade of
any street, sidewalk, alley or other public way including any related drainage and utility areas,
Permittee, upon reasonable notice from Augusta, shall remove, relay and relocate its wires,
cables and other fixtures and equipment at its own expense and within reasonable time schedules
established by Augusta. Should Permittee refuse or fail to remove its equipment or plant as
provided for herein within 45 days after written notification, and should such failure result in a
danger to the public or cause a delay in a public project, Augusta shall have the right to do such
work or cause it to be done and the full cost thereof shall be chargeable to the Permittee, or in the
alternative, to consider such failure by the Permittee to remove its equipment or plant as
abandonment of all ownership rights in said property.
2
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June 21, 2000
h. Permittee shall keep Augusta fully informed as to all matters in connection
with or affecting the construction, reconstruction, removal, maintenance, operation and repair of
Permittee's System installed hereunder. Permittee shall report to Augusta such other information
relating to the Permittee as Augusta may consider useful and shall comply with Augusta's
determination of forms for reports, the time for reports, the frequency with which any reports are
to be made, and if reports are to be made under oath. Augusta may at any time make inquiries
pertaining to Permittee's operation of its System within Augusta. Permittee shall respond to such
inquiries on a timely basis.
i. Permittee shall install and maintain its wires, cables, fixtures and other
equipment in accordance with the requirements of all applicable Augusta codes, ordinances and
regulations, and in such a manner that they will not interfere with any existing installations of
Augusta or of a public utility serving Augusta.
4. Permit specifications; Payment.
a. Right-of-way occupancy permitted hereunder shall be (1) 5,950 linear feet as
shown on drawings attached to original permit issued on February 16, 1999; and (2) 615 linear
feet as shown on drawings attached hereto.
b. The granting of this permit is conditioned upon the payment by Permittee to
Augusta of the additional annual sum of$3,075.00, which represents the additional number of
linear feet of Permittee's System to be installed in the rights-of-way of Augusta pursuant to this
Permit times the rate per linear foot, which shall be paid annually for each renewal of this Permit.
The total to be paid annually hereafter is $32,825.00, which represents the total number of linear
feet of Permittee's System to be installed in the rights-of-way of Augusta pursuant to this Permit
times the rate per linear foot, which shall be paid annually for each renewal of this Permit
5. Safety Requirements.
a. Permittee shall at all times employ ordinary care and shall install and maintain
in use commonly accepted methods and devices for preventing failures and accidents which are
likely to cause damage or injury to the public or to constitute a nuisance. Permittee shall install
such equipment and employ such personnel to maintain its facilities so as to assure efficient
service, and shall have the equipment and personnel necessary to make repairs promptly.
b. Permittee shall install and maintain its System in accordance with the
requirements of applicable building codes and regulations of Augusta and the statutes and
regulations of appropriate Federal and State agencies, including but not limited to the Federal
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June 21. 200n
Communications Commission and the U.S. Army Corps of Engineers, which may now be in
effect or enacted, and in such a manner that will not interfere with any installations of Augusta or
of any public utility serving Augusta.
c. Permittee's System, wherever situated, or located, shall at all times be kept
and maintained in a safe, operating condition and in good order and repair.
6. Liability and Indemnification.
a. By acceptance of this Permit, Permittee agrees that it shall indemnify, protect
and hold forever harmless Augusta, its elected officials, officers, agents, representatives and
employees, and their successors, legal representatives and assigns, from any and all claims of
every kind and nature whatsoever, and from liabilities, losses, costs, judgments, penalties,
damages and expenses, including reasonable attorney's fees and expenses of litigation incurred in
the defense of any such claim arising out of or relating to the installation, operation or
maintenance by the Permittee of the Permittee's System or the Permittee's failure to perform any
of the obligations of this Permit, including but not limited to claims for injury or death to any
person or persons, or damages to any property, as may be incurred by or asserted against
Augusta, its elected officials, officers, agents, representatives and/or employees, directly or
indirectly, by reason of the installation, operation or maintenance by the Permittee of the
Permittee's System within Augusta. Permittee shall pay, and, by acceptance of this Permit, the
Permittee specifically agrees that it will pay all damages and penalties which Augusta may
legally be required to pay as a result of installation, operation or maintenance by the Permittee of
the Permittee's System or the Permittee's failure to perform any of the obligations of this Permit.
These damages or penalties shall include, all damages arising from the installation, operation or
maintenance of the System authorized herein, whether or not any act or omission complained of
is authorizp.d, allowed or prohibited by this Permit, and Augusta shall not be responsible in any
manner for any damage to the System and which may be caused by Augusta's employees or other
persons regardless of the cause of damage.
b. Pernlittee shall pay, and by its acceptance of this Permit, specifically
agrees that it will pay, all expenses incurred by Augusta in defending itself with regard to all
damages and penalties mentioned in subsection (a) above. These expenses shall include all out-
of-pocket expenses, including reasonable attorneys fees and expenses of litigation.
c. Permittee shall maintain, and by its acceptance of this Permit, specifically
agrees that it will provide throughout the term of this Permit, workers compensation insurance in
such amounts of coverage as required by the State of Georgia and liability insurance coverage
with regard to all damages mentioned in subsections (a) and (b) above in the following minimum
amounts, whichever is greater:
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June 21, 2000
1. General Liability Insurance - public liability including premises,
products and completed operations.
(a) Bodily injury liability $1,000,000 each person $2,000,000
each occurrence
(b) Property damage liability $1,000,000 each occurrence,
(c) Or, in lieu of (a) and (b) above, bodily injury and property
damage - $2,000,000 combined single limit.
2. Comprehensive - Automobile Liability Insurance including owned,
non-owned and hired vehicles.
(a) Bodily injury liability $1,000,000 each person $2,000,000
each occurrence,
(b) Property damage liability $1,000,000 each occurrence,
(c) Or, in lieu of (a) and (b) above, bodily injury and property
damage $2,000,000 combined single limit.
d. Permittee agrees that all insurance contracts providing any of the above
required coverage will be issued by one or more insurance carriers duly authorized to do business
in the State of Georgia and will contain the following required provisions:
I. Augusta, its elected officials, officers, agents, employees and
representatives shall be named as additional nanled insureds (as the interests of each may appear)
as to all applicable coverage;
2. All such contracts shall provide for thirty (30) days notice to
Augusta prior to cancellation, revocation, nonrenewal or any material change;
3. All "deductible amounts" contained in all such contracts providing
such insurance coverage shall not exceed $10,000 in the aggregate; and
4. The notice required by this Section shall be delivered to the person
specified in Section 10 herein by certified mail, return receipt requested.
5
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June 21, 2000
The amount and conditions of said liability and comprehensive insurance
may be increased upon 60 days written notice by Augusta should the protection afforded by this
insurance be deemed by Augusta to be insufficient for the risk created by this Permit. At no
time, however, will any such increase in the amount of required liability and comprehensive
insurance exceed that which is customarily required of other franchises or contractors of services
for similar situations of risk.
e. Permittee shall furnish Augusta at least annually (and at such other times
as may be reasonably required by Augusta) a certificate from the insurance carrier(s) providing
such insurance coverage certifying that such coverage is in full force and effect. Such certificates
shall be in such form as is approved by Augusta and shall contain a provision requiring not less
than 30 days notice to Augusta prior to cancellation, non-renewal or any material change.
7. City rights in Permit.
a. Permittee shall construct, maintain and operate said System in such
locations as may be reasonably required by Augusta, and will at all times comply with all
reasonable requirements, regulations, laws and ordinances now in force, and which may hereafter
be adopted by Augusta and be applicable to the construction, repair or maintenance of said
system or use of Augusta-owned rights-of-way. Failure ofthe Permittee to comply with any of
the terms of this Permit or failure to pay the Permit fees prescribed by this Agreement shall be
cause for Augusta to revoke this Permit. Without limiting the generality of the foregoing,
Augusta also reserves the right to terminate and cancel this Permit and all rights and privileges of
the Permittee hereunder in the event that the Permittee: (l) violates any rule, order or
determination of Augusta made pursuant to this Permit, except where such violation is without
fault or through excusable neglect; (2) becomes insolvent, unable or unwilling to pay its legal
debts, or is adjudged a bankrupt; (3) attempts to evade any of the provisions of this Permit; (4)
practices any fraud or deceit upon Augusta; or (5) fails to begin construction o~ its System within
one hundred eighty (180) days from the date this Permit is granted and to continue such
construction without unreasonable delay or interruption until completed.
b. Augusta's right to revoke this Permit may be exercised only after written
notice of default and a 30 day period for Permittee to cure such default except for any act of
default involving the payment of money or failing to provide any insurance coverage required
hereunder in which event said 30 day period shall be reduced to three (3) business days. The
right is hereby reserved to Augusta to adopt, in addition to the provisions contained herein and in
existing applicable ordinances, such additional regulations of general application to all similarly
situated permittees as it shall find necessary in the exercise of its police power; provided, that
such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the
rights herein granted.
6
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JWlC 21. 2000
8. No right to transfer or lease. Permittee shall not transfer this Permit to another
person without prior written approval of Augusta. This provision shall not be construed as
requiring Augusta's approval of secured financing arrangements.
9. Notice. For the purpose of giving notice as provided for in this Permit, the
following addresses are provided:
Permittee:
Qwest Communications Corporation
Qwest Network Construction Services
13952 Denver West Parkway, Bldg. 53
Golden, CO 80401 _ r.
Attention ~:~':' AVP R~IJ-"t'W41
. lit of W zry iBntlgcr
Augusta:
Augusta-Richmond County Commission
Eighth Floor, Municipal Bldg (II)
530 Greene Street
Augusta, Georgia 30911
Attention: Charles R. Oliver
Unless Augusta is notified in writing to the contrary, the placing of notices in the United
States Mail addressed to the Permittee as set forth above by registered or certified mail, return
receipt requested, shall constitute compliance with the provisions of this Section.
10. Miscellaneous. If any section, subsection, sentence, clause, phrase or portion of
this Permit is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable
provision and such holding shall not affect the validity of the remaining portions hereof.
This Permit shall be interpreted and construed in accordance with the laws of the State of
Georgia. All claims, disputes and other matters in question between the Permittee and Augusta
arising out of or relating to this Permit, or the breach thereof, shall be decided in the Superior
Court of Richmond County, Georgia. The Permittee, by accepting this Permit, specifically
consents to venue in Richmond County and waives any right to contest the venue in the Superior
Court of Richmond County, Georgia.
Corporation
[SIGNATURES CONTINUED ON NEXT PAGE]
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