Excess Road Maintenance (Page 2 of 3) in pdf

to the Operator upon which payment shall be made.

Operator responsibility shall only extend to road maintenance and restoration. The

non-performance of normal maintenance by the Township shall not, under any circumstances, constitute

grounds for an offset or credit against the road maintenance or restoration responsibility of Operator. The

Operator shall have no obligation for maintenance to remedy damage directly resulting from an act of God,

war or routine removal of snow or ice.

Parties shall inspect Roads and Appurtenant Structures prior to the commencement of the Project

confirming the existing roads and appurtenant structure conditions are capable of handling heavy traffic, or

in the alternative perform preventative maintenance, as well as, during the project to determine if repairs

are needed, and upon completion to determine that all agreement obligations have been met. Prior to

commencing operations the Operator shall provide, at their sole cost, for the inspection and video

documentation of proposed truck routes and a copy must be provided to the township in CD Rom or similar

disc format. Prior to commencing operations the Township shall perform, at the sole cost of the Operator,

the initial inspection and video documentation of any Roads associated with the Project and retain a copy of

any documentation.

The Operator shall, in addition to paying an application fee, post cash or bond in the amount of

Twelve Thousand Five Hundred ($12,500) dollars per mile on all roads that are designated for use and

covered by this agreement.

The Township may at any time terminate the privileges authorized by this agreement due to non-

compliance by the Operator.

The Operator may terminate this agreement upon thirty (30) days notice to the Township,

provided; however, that all obligations of the Operator under this Agreement as of the date of such

termination has been satisfactorily met.

To the extent possible the Operator will cooperate with the Township to minimize the impact of

Heavy Construction phases by:

* Controlling noise levels and limiting nighttime road use activities.

* Restricting the use of “Jake Brakes” (engine compression brakes) on all Township roads which

have residential dwellings.

Excess Road Maintenance Page 2