§ 62-1. Installation of irrigation system in county rights-of-way; permit required; indemnity agreements; content and form of agreements.

(a)

All persons or entities seeking to install an irrigation system to serve their private interests and to have the components of such irrigation system located within the boundaries of Fulton County owned rights-of-way must do so by permit as issued by Fulton County's Public Works Department.

(b)

The location of such irrigation system's components is an encroachment upon Fulton County's rights-of-way by private parties, and said private party is to completely indemnify Fulton County and hold it harmless from all damages, injuries, lawsuits, or claims of any character caused by the construction and/or maintenance of this encroachment.

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(c)

Such irrigation system components' encroachment is to fully satisfy all the terms and conditions of indemnity agreements set forth by Fulton County's Public Works Department, which agreement shall include provisions in substantially the following form:

The applicant shall reimburse the public works department for any cost incurred as a result of public works' department performing such repairs.

The public works department reserves the right to terminate this indemnification agreement at any time upon ten days' written notice to the applicant. Upon receipt of such notice and as may be specified by the public works department, the applicant, at his/her own expense, shall be responsible for removing any objects from the encroachment and returning the area to its original condition or an acceptable substituted condition.

The term of the indemnity agreement shall be for a period of 50 years, commencing upon execution hereof by the public works department, subject to any rights of termination as are hereinabove set forth.

The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto.

IN WITNESS WHEREOF, the parties hereto have executed this agreement, individually or through their authorized officers, agents or attorney-in-fact as the case may be, causing their respective seals to be affixed hereto the day and year first above written.

DEPARTMENT OF FULTON COUNTY PUBLIC WORKS	Corporate Seal required for Corporation plus two signatures
BY: _____ Director/Deputy Director	_____ Signature of Property Owner
_____ Chairman, Board of Commissioners Fulton County	_____ Signature of Owner (if more than one listed)
ATTEST SIG. _____ Clerk Recorded	_____ Typed Name of Actual Owner
R/W ENCROACHMENT Book No. 1 Page_____	_____ Signature of Applicant
Date________County _____ Page_____	_____ Typed Name of Applicant
	_____ Notary Public Commission Expiration: (NOTARIAL SEAL)

 

(91-RC-234, 5-15-91)

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