Excess Road Maintenance printable pdf download

Excess Road Maintenance Agreement

This road use agreement (“Agreement”) is by and between _______________________ (hereafter

“Operator”), whose address is ____________________ who is the Operator of certain activities,

located in Washington County, Commonwealth of Pennsylvania and Mount Pleasant Township (hereafter

“Township”) whose address is 31 McCarrell Road, Hickory, PA 15340, who is the fiduciary of certain

common Township Roadways located in Mount Pleasant Township, Washington County, Commonwealth

of Pennsylvania.

WHEREAS, Township and Operator desire to enter into an agreement for the excess maintenance

and repair of said roadways for purposes of ingress and egress onto adjoining properties for excess traffic

necessary for to meet the objectives of this agreement, including beginning stages through completion

activities (hereafter “Project”).

The Operator agrees that it will be responsible for excess maintenance costs on all utilized roads.

In the event that more than one Operator requires a Road Use Excess Maintenance Agreement, costs for

excess maintenance will be shared and will be prorated based upon the volume of traffic unless

circumstances dictate otherwise.

The Operator assumes all liability for its employees, contractors, subcontractors, agents and

representatives working on the Operator’s behalf.

The parties agree that roads will be kept open for local traffic at all times. The Operator is

authorized to undertake and will be responsible for necessary upgrades and/or maintenance, including dust

control, from the beginning of the Project until end of the Project. The Operator agrees to maintain roads to

a condition at a minimum consistent with that prior to operations. The work shall be in conformance with

Township Specifications. Operator will provide proper traffic protection at all times during road

maintenance and restoration in accordance with PennDOT Publication No. 213.

If the Township determines that the Operator is not maintaining or restoring the road promptly, the

Township will notify the user in writing, if the Operator then does not promptly perform the required

maintenance and restoration, the privileges of this agreement will be revoked until required maintenance

and restoration is performed. In the event that the Operator refuses to or is unable to make repairs

satisfactory to the Township, the Township may elect to make the appropriate repairs and submit invoices

Excess Road Maintenance