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, <br />' <br />23. Permittee's improvements shall not be the cause of pending on <br />the City's right of way nor the cause of flooding on adjacent <br />land. Permittee shall be responsible and liable for all claims <br />of personal and/or property injuries resulting from said pending <br />or flooding. <br />24. Fences constructed across the right of way shall be fitted with <br />gates at least ten feet wide to allow for passage of maintenance <br />trucks and equipment. <br />25. Rights granted herein shall be limited to the area granted under <br />this permit. Permittee shall not use the adjacent lands of the <br />City's right of way. <br />26. The Permittee shall mark, at the Permittee's own expense, the <br />location of the City's water transmission mains within the right <br />of way at the site of installation permitted hereunder and shall <br />not use any pick, plow or other sharp instrument over or near <br />said water mains. <br />27. Permittee shall exercise extreme care in the use of any tools <br />and equipment in the course of any work permitted hereunder so <br />as to not damage or injure City's pipelines or appurtenances. <br />Permittee's use of vehicles and construction equipment within <br />twenty (20} feet of City's pipelines shall be restricted as <br />follows: <br />a. Minimal cover over the pipelines shall be three (3) <br />feet. <br />b. "Axle loading" of vehicles and construction <br />equipment shall not exceed "MSHO Standard H-10 <br />Loading". H-10 loading is defined as loading <br />caused by a two axle truck with a gross weight of <br />ten tons (20,000 lbs.), axles 14 feet apart, and <br />rear axle carrying 8 tons (16,000 lbs.). It is <br />Permittee's responsibility to provide <br />substantiation that his equipment meets this <br />requirement. Should this loading requirement prove <br />to be inadequate protection for the pipelines, a <br />more stringent limitation should be effective upon <br />City's notice to Permittee. <br />c. The use of vibrating compaction equipment is <br />prohibited. <br />28. Permit drawing attached and made a part of this permit shows the <br />location of all City's pipeline right-of-way survey monuments. <br />These monument points are noted in the drawings as "Existing" <br />for monuments in place, and "Missing" for monuments not in place. <br />In accepting this permit, Permittee acknowledges that "existing" <br />monuments are in good condition. During the term of this <br />permit, Permittee shall assume full responsibility for <br />protecting "existing" monuments from dislocation, damage and <br />destruction. <br />Permittee agrees to reimburse City in the amount of $750.00 for <br />each monument necessitating resurvey, repair and/or replacement. <br />During the term of this permit, the City may replace "missing" <br />monuments, or install new monuments. When "missing" monuments <br />are replaced, or new monuments installed, the Permittee will be <br />given written notice and thereafter Permittee shall assume the <br />same protection and reimbursement responsibilities as with <br />"existing" monuments provided herebefore. <br />29. This permit shall commence June 1, 1987 and shall be subject to <br />annual review unless revoked sooner, pursuant to hereinabove <br />Condition No. 2.