A Lyon County right-of-way use permit shall be in the form and contain all the conditions and restrictions as set forth below:
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LYON COUNTY RIGHT-OF-WAY USE PERMIT
Pursuant to the provisions of chapter 244 of the Nevada Revised Statutes and the Lyon County Code, LYON COUNTY hereby grants a revocable permit to _______________________________, hereinafter referred to as "Permittee", to make an (excavation) (encroachment) (street cut) within the right of way of LYON COUNTY.
The project permitted hereby is for the benefit of the permittee and/or his real property and all restrictions and conditions set forth herein shall be binding upon the permittee, his legal representatives, successors and assigns. Said permit is more particularly described as follows:
(complete description of project)
1. This permit is issued contingent upon the Lyon County Road Superintendent's, hereinafter referred to as Superintendent, approval, prior to the beginning of the project, of the construction schedule, safety and traffic control measures and any other facet of the permitted project which he deems prudent to control in the interest of the County and the traveling public. Failure to secure such approval from the Superintendent shall render this permit null and void. All work shall be done in accord with the applicable County standards for such work as adopted by the Board.
2. During the project, proper barricade, warning and directional signs, flags, flag persons, flares or other protective devices shall be installed and maintained as a protection to the traveling public as required by the Superintendent.
3. No work may be done under this permit in any place other than the location(s) specified on this permit.
4. Nothing in this permit is to be construed as relieving the permittee hereunder from obtaining permits as may be necessary under the Lyon County Code, and the work which is the subject of this permit shall be performed in accordance with all applicable requirements of law and standards of Lyon County.
5. Work must commence on _________________, 19___, and must be completed within _____ days from the commencement of the work. Failure to comply with the work schedule provided to the Superintendent causes this permit to become VOID absent a written extension by the Superintendent. A permit which has been expired under this Section may be renewed only upon payment of a new permit fee.
6. Any surface or public road appurtenance damaged or disturbed shall be returned at least to its original condition, within two (2) weeks of the damage, and if not so performed, the Superintendent reserves the right to make necessary replacements and repairs, and the permittee hereby agrees to pay the actual cost of such work performed by the County upon receipt of proper billing for such work.
7. This permit is (transferrable-encroachment) (nontransferable-street cut/excavation) from the permittee to another person.
8. This permit may be revoked at any time for a violation of any provision of the permit or the Lyon County Code relating to the work to be performed hereunder.
9. Encroachments: Permittee shall make any and all repairs to the encroachment installed by authority given in this permit as soon as the need thereafter arises, and shall at all times maintain said encroachment in good condition. Permittee further agrees to indemnify, hold and save harmless Lyon County, its officers, agents, assigns, volunteers and employees, from any and all liability for property damage to the encroachment caused or occasioned by any road maintenance performed by the County in its right of way.
Upon notification in writing from the County of the necessity thereof, the permittee shall adjust or remove the encroachment at its own expense, within thirty (30) days after receipt of such notice, unless the emergency of the situation requires the work to be done in a shorter time.
10. Excavation/Street Cuts: Permittee shall make any repairs necessitated due to settlement of the excavation backfill, breaking up or decomposition of the resurfacing or any other repairs necessitated by the acts or omissions of the permittee within two (2) years from the completion of the work hereunder. If the permittee fails to make such repairs within thirty (30) days of written notice by the County, County will commence repairs and permittee shall reimburse the County for all expenses related thereto. The notice required by this Section shall be by certified mail.
11. Permittee shall indemnify, hold and save harmless County, its officers, agents, assignees, volunteers and employees, from any and all liability arising from personal injuries, property damage, loss, claim or expense, including attorney's fees, caused or occasioned by, or in any way arising out of, the project granted herein.
12. No bushes, shrubs, trees, other flora, survey marks or other like boundary monuments now located within the public road right of way or that which hereafter may be planted, grown or placed within said right of way shall be cut, trimmed, mutilated, removed or disturbed in any manner whatever without the written consent, approval and supervision of the Superintendent.
THE PERMITTEE AGREES TO THE ABOVE RESTRICTIONS AND CONDITIONS AND ACKNOWLEDGES THAT SAID RESTRICTIONS AND CONDITIONS SHALL RUN WITH THE PERMITTEE'S REAL PROPERTY BENEFITTED BY THIS PERMIT AND BE BINDING UPON PERMITTEE, HIS LEGAL REPRESENTATIVES, SUCCESSORS, HEIRS AND ASSIGNS.
DATED this _______ day of ______________, 19 ___.
____________________________
LYON COUNTY
By: Lyon County Road Superintendent
____________________________
PERMITTEE(S)
STATE OF NEVADA )
) ss:
COUNTY OF LYON )
On _________________________ before me the undersign Notary Public, in and for said County and State, personally appeared the Superintendent known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same.
__________________________
Notary Public
STATE OF NEVADA )
) ss:
COUNTY OF LYON )
On ________________________ before me the undersigned Notary Public, in and for said County and State, personally appeared (Permittee) _______________________________ known to me to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same.
_____________________________
Notary Public
(Ord. 377, 3-4-93, eff. 4-1-93)
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