HomeMy WebLinkAboutUnderground Right - Of - Way Permit
Augusta Richmond GA
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May 23, 2001
AUGUSTA, GEORGIA
UNDERGROUND RIGHT-OF-WAY PERMIT
Permission is hereby granted by Augusta, Georgia ("Augusta") to Sprint Communications
Company, L.P. ("Permittee") to make excavation into the rights-of-way ofthe streets listed below,
under the terms and conditions set forth in this permit.
1. Term. This permit shall be valid for a period of one (1) year from the date of issuance.
,'. This permit shall automatically- be renewed [or.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 of750 feet offiber optic cable contemplated herein
(hereinafter "System"). Permittee is further required, before beginning any excavation in aright-of-
way, to contact all applicable utility companies for location of buried cable, water services or mains,
..~ ~~--gas~lines;-and-the-like;-AJl 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 oflaying, 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
p.Ioperty. Permittee shall, at its sole cost, repair paving cuts in a good and workmanlike manner to
specifications outlined by the Public Works Department.
c. Permittee shall provide safe passageway for pedestrians and vehicles through,
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May 23, 2001
in and around the work site areas. Work shall be performed at night, ifrequested 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.Departmentor 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. Pennittee 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
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
reasonably relating to the Permittee's obligation under this Permit and shall comply with Augusta's
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May 23, 2001
reasonable 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 750 feet of Permittee's
System, installed in the rights-of-way of the following streets:
Nowell Drive
b. The granting of this permit is conditioned upon the payment by Permittee to
Augusta of the sumof$3,750.00 which represents the total number oflinear feet of Perimeter 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-shaIl 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 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.
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May 23,2001
6. Liability and Indemnification.
a. By acceptance of this Permit, Permittee agrees that it shall indemnifY, protect and
hold forever harmJess 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 aresuIt ofinstalJation, operation or maintenance by
the Permittee of the Permittee's System or the Permittee's failure to perform any of the obligations
oHhis 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 Permit, and Augusta shall not be
responsible in any manner for any damage to the System and which maybe 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:---1bese-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 preffilses,
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,
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May 23, 2001
(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:
1. 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, nonrenewable or any material change;
3. Deductible amounts, if any, contained in all such contracts providing
such insurance shall not apply to any coverage afforded to Augusta by virtue of being anaddional
insured; 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 insurance exceed that which
is customarily required of other franchises or contractors of services for similar situations of risk.
e. Perrillttee shall furnish Augusta at least annually (or 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
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May 23, 200J
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 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: (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, oris adjudged a bankrupt; (3) attempts to evade
any of the provisions ofthis 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 interruptionuntiJ 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 defauhexcept 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-Augu.surto-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.
8. No right to transferor leaSe. Permittee shall not transfer this Permit to another person
without prior written approval of Augusta, which approval shall not be unreasonably withheld. 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:
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May 23, 2001
Permittee:
Sprint Communications Company, L.P.
KSOPHTO 10 l-Z2040
6391 Sprint Parkway
Overland Park, KS 66251-2040
Attention: Manager - Right of Way
Augusta:
Augusta-Richmond County Commission
Eighth Floor, Municipal Bldg (11)
530 Greene Street
Augusta, Georgia 30911
Attention: Administrator
Default notice:
Sprint Legal Department
KSOPHTO 10 l-Z2020
6391 Sprint Parkway
Overland Park, KS66251-2020
Attention: Real Estate Attorney
Unless the party, by whom notice is to be given, is notified in writing to the contrary, the
placing of notices in the United States Mail addressed to the other party asset 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-sI-Jiill- be-dC\;J11ed-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
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venue in Richmond County and waives any right to contest the venue in the Superior Court of
Richmond County, Georgia.
Permittee:
/-d---dJ- C/
By:
Trtl .Timothy A. Dismond
e'Manager, Right-of-Way
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