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UTILITY AGREEMENT
The Board of Public Works and Safety of the City of Carmel, hereinafter referred to
as the Board, and Indiana Gas Company, Inc., hereinafter referred to as the
K.
Permittee, hereby agree that utility facilities consisting of .-LJas �kw
located at the following described
location, 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 utility facility will be placed
adjacent to the 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 utility 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
utility adjustments 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, and to obtain a permit before performing any of these functions on such
facilities located within the highway right-of-way.
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 duly authorized 'representative.
5. All damage to drainage structures, roadbeds, pavements and other
highway appurtenances arising from the installation, maintenance or repair of
Permittee's utility facilities shall be repaired at expense of 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 utility that the utilities
shall comply with the "State of Indiana, Indiana Department of Transportation, Utility
Accommodation Policy dated September 10, 1990."
BOARD OF PUBLIC WORKS
INDIANA GAS COMPANY, INC. CARMEL, INDIANA
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Aut ozed p tatives of
rmittee
Date /0/03/94