HomeMy WebLinkAboutUtility Agreement - IDS Jones Growth Parners/%- A4QlQ -
AGREEMENT { 116t-1^- sT Paarar
The Board of Public Works and Safety of the City of Carmel,
hereinafter referred to as the "Board," and SIDS/Jones Growth Partners 87-A,
Ltd., hereinafter referred to as the "Permittee," hereby agree that facilities
consisting of cable television equipment and plant located at 116th Street from
Keystone Avenue to the eastern city limits, are hereby granted permit to be
located within the highway right-of-way in accordance with the attached
drawings or if no drawings are attached the facilities will be placed adjacent to
present utility facilities and within two feet of the right-of-way line as indicated
on the plans for the proposed project. In consideration thereof, the Permittee
hereby agrees to abide by and conform with the following terms and conditions:
1. The above described facilities to be retained, installed,
adjusted or relocated on, over, along or under the highway within the right-of-
way limits will be located and accommodated in a manner that will not impair
the planned highway, or its construction, or maintenance or interfere with its
safe operation.
2. The Permittee hereby agrees to assume liability for making
any necessary adjustments to the facilities should future traffic conditions or road
improvement necessitate when so requested by the Board and assume the cost
thereof, except where Permittee has a compensable property right therein or
where reimbursement of such costs is provided for by law.
The Permittee further agrees to comply with the rules and
regulations of the Board in servicing, maintaining, replacing and removing the
above described facilities.
3. The Permittee shall save harmless and indemnify the Board
from any claim for damages of any nature whatsoever arising out of Permittee's
negligence in connection with any work done pursuant to this Agreement.
4. During the progress of any construction undertaken within
the limits of the said highway in pursuance hereof, the Permittee shall provide
watchmen and flagmen as may be reasonably required by the Board for safety
and convenience of the public and shall furnish all barricades, signs and lights
reasonably necessary to protect the public. Traffic shall be maintained at all
times unless otherwise indicated hereon by special endorsement of the Board's
duly authorized representative.
5. All damage to drainage structures, roadbeds, pavements and
other highway appurtenances arising from the installation, maintenance or repair
of the Permittee's facilities shall be repaired at expense of the Permittee. No
portion of the pavement of any highway shall be disturbed without prior
permission of the Board. Upon completion of any work within limits of the
highway all disturbed portions shall be replaced as nearly as practicable in as
good a condition as they were when work was begun.
6. It is understood and agreed by the Board and the Permittee
that the facilities shall comply with the "State of Indiana, Indiana Department of
Transportation, Utility Accommodation Policy dated September 10, 1990."
IDS/JONES GROWTH PARTNERS
87-A, LTD.,
a Colorado limited partnership
By: Jones Cable Corporation
a Colorado corporation
as Managing General Partner
Byr ) OLMember
Drew R. Sheckler
Fund Vice President
BOARD OF PUBLIC WORKS
CARMEL, INDIANA
Membe
(14169/sco)
Member
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