D.o.t. Form 309 - Highway Access Permit - Kansas Department Of Transportation Page 3
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311.4 It is further agreed that written notice will not be required for the Secretary’s (or City’s) normal maintenance including, but not limited to , cleaning
ditches, repair/replace surfacing and drainage structures and sign installation or replacement The Permittee agrees to hold the Secretary (or
City) harmless for any temporary loss of use or inconvenience arising out of maintenance activities.
12.0
SNOW REMOVAL ON FACILITY: The Permittee is obligated to perform any and all snow and ice removal maintenance to the Facility. Permittee
further understands and agrees the Secretary (or City) does not assume any responsibility for the removal or clearance of snow and/or ice, the opening
of windrows by authorized representatives engaged in normal winter maintenance operations. Permittee agrees to save and indemnify the Secretary
(or City) against any and all claims related to maintenance of the Facility.
ABANDONED OR RETIRED IN PLACE: The Permittee agrees to notify the Secretary (or City) when the Facility has been abandoned, in whole or in
13.0
part, or retired in place and to be responsible for all costs associated with removal and/or closure of said Facility. In the event Permittee receives notice
from the Secretary (or City) to remove the abandoned and/or retired Facility, Permittee agrees to perform said work within 180 days of notice. Should
Permittee fail to properly perform said work, the Secretary (or City) reserves the right to remove and/or close the Facility at Permittee’s expense.
13.1 The Secretary (or City) reserves the right to require Permittee to place certain gates or other infrastructure, as set forth in the KDOT Access
Management Policy, across the Facility the Secretary (or City) deems inactive. In no event shall the Permittee block or otherwise impede the
Facility pursuant to this Permit without the express written authorization of the Secretary (or City).
It is understood and agreed by the Parties that this Permit only creates a license for Permittee to have the right and privilege to use the right-of-way for
the specific purpose stated herein and subject to the terms of this Permit. It is further understood and agreed by the Parties that this Permit does not
create, grant, convey, transfer, or vest, any property right or interest in the Secretary’s real property to the Permittee; thus, the Secretary may terminate,
modify, or revoke this Permit without notice and without duty, obligation, penalty, damages, or compensation owed to the Permittee by the Secretary
unless otherwise stated herein.
This Permit is hereby accepted and its provisions agreed to by the parties hereto:
KDOT's Access Management Unit has reviewed the Permit and provided comments to the District Engineer regarding the
conditions of the Permit.
N/A
Reviewed (Access Types 5 and 6, and all variances)
PERMITTEE
APPROVED
The person signing as the Permittee must be the Owner or legal
The permit must be signed by the duly authorized representative of the
Secretary of Transportation, the city (when applicable) and the Permittee. The
representative of the property (Agent of the Owner) served by the
permit is not valid until signed by all parties and returned to KDOT for
permitted access and have full authority to accept the Permit and
Permit Approval Date.
its terms and conditions.
Owner/Agent of the Owner
The City of (when applicable)
Street Address
City Representative
City, State, Zip
Mayor
City Manager
City Engineer
Permittee
Recommended by (KDOT)
By: __________________________________________
Area/Metro Engineer
AM Engineer
Owner
Agent of the Owner
Secretary of Transportation of the State of Kansas
Approved
Denied
By:
District Engineer or Designee
For KDOT Use Only
___________________
Permit Approval Date
:
By: _________________________________________
KDOT Representative (Please Print)
Rev. 01-13
Page 3 of 3
D.O.T. Form 309
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