Southtowns Record

September 9, 2026 Documents

Government
Town of Holland
Board
Town Board
Meeting
Sep 9, 2026
Kind
Agenda packet
Topics
Budget and taxes, Zoning and land use, Public safety, Water, sewer and drainage, Roads and traffic

Original document

Same meeting

Text · page 3 of 17

This document was a scan. Its text was produced by character recognition and may contain errors; check the original for exact wording.

TOWN OF HOLLAND  TOWN BOARD MINUTES  August 12, 2026

responsibility for (a) the temporary control of all modes of traffic (including motorized and non-
motorized travel) affected by Permittee’s operations, (b) complete restoration of state facilities to their
condition prior to permitted use or activity, and (c) all claims, damages, losses and expenses,

NOW, THEREFORE, in relation to all operations and/or actions undertaken within state right-of_way,
Permittee hereby agrees to the following terms and conditions:
1. Permit Applications. Excepting only activities undertaken to protect public safety because of
emergency conditions or incidents, Permittee shall provide timely written notice to NYSDOT of
operations or activities affecting state right-of-way. Under normal circumstances, a minimum of five
business days notice shall be provided. Notification of emergency activities shall be provided to
NYSDOT as soon as practicable after the activity. The Permittee shall apply for project-specific permits
for activities not allowed under any existing annual permit. Such application shall identify proposed
project locations, desired dates/hours, proposed work/activities, traffic control, and site restoration
2. Applicable Rules, Regulations & Conditions. Permittee shall comply with all of the laws, rules
and regulations applicable to construction, maintenance activities and operations and shall further
comply with such terms and conditions that may be imposed by NYSDOT in connection with permitted
activity or operations. Temporary Traffic Control, highway safety appurtenances, and restoration of state
facilities shall be completed in accordance with NYSDOT regulations and standards.
3. Site Restoration. Permittee shall, at its own expense, promptly complete the work allowed
under each permit and, within a reasonable time, restore State property damaged by its work/activities
to substantially the same or equivalent condition as existed before such work was begun as determined
by the Commissioner or his/her designee. In the event that the Permittee fails to so restore damaged
State property within what the Commissioner deems to be a reasonable time, the Commissioner, after
giving written notice to the Permittee, may restore the property to substantially the same or equivalent
condition as existed before the Permittee’s work/activities, in which case, Permittee agrees to reimburse
the reasonable expenses in connection therewith
4, Payment & Release of Liens. Permittee shall be responsible for the payment of all costs and
materials relating to its work in the public right-of-way, and agrees to defend and save harmless
NYSDOT against any and all lien claims made by persons supplying services or materials to Permittee
in connection with Permittee’s work.
5. Indemnity. In addition to the protection afforded to NYSDOT under any available insurance,
NYSDOT shall not be liable for any damage or injury to the Permittee, its agents, employees, or to any
other person, or to any property, occurring on the site or in any way associated with Permittee’s
activities or operations, whether undertaken by Permittee’s own forces or by contractors or other agents
working on Permittee’s behalf. To the fullest extent permitted by law, the Permittee agrees to defend,
indemnify and hold harmless the State of New York, NYSDOT, and their agents from and against all
claims, damages, losses and expenses, including but not limited to, claims for personal injuries, property
damage, wrongful death, and/or environmental claims and attorney fees arising out of any such claim,
that are in any way associated with the Permittee’s, activities or operations under any and all permits
issued using this Undertaking.
FURTHERMORE, Permittee hereby warrants that the obligations of this Undertaking are backed by the
full faith and credit of Permittee. Permittee may insure or bond any of the obligations set forth herein, or
may rely upon self-insurance, budgeted funds, or funds for general operations.
This Undertaking shall be applicable to all permitted activities and operations undertaken after the date
of execution and work initiated while this Undertaking is in effect. This Undertaking may be revoked by
the Permittee or rejected by NYSDOT upon thirty days written notice but will continue to apply to all