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MUNICIPAL ROAD USE AGREEMENT hereinafter referred to as “User” and the municipality of , County, hereinafter referred to as “Municipality” recognize it is in their mutual best interest to enter into the following agreement, and: WHEREAS, User desires to use public roadways within the Municipality to access User’s gas well drilling operations; and, WHEREAS, the parties recognize that the Municipality’s roads were not designed for and will not withstand the heavy truck traffic and overweight vehicles of User’s operations; and, WHEREAS, the public roadways to be used are described on “Exhibit A” and are described herein as “roadways”; and, WHEREAS, as a condition to the use of the roadways by the User, the Municipality is requiring the User to execute this agreement to obligate the User to maintain the municipal roads which it makes use of, in the same or better condition the roadways had prior to the commencement of User’s operations, and to maintain the roadways in a good state of repair during the User’s operations; and, WHEREAS, in order to secure the User’s obligation to maintain the municipal roadways, the User is required to execute this agreement to set forth the User’s promise, covenant and agreement to maintain the roadways. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, the parties do hereby agree as follows: This document was prepared by the Centre County Natural Gas Task Force in conjunction with the Centre County Solicitor and the Centre County Planning and Community Development Office. It received the acknowledgement of the Centre County Board of Commissioners on October 5, 2010. Guideline Document #1 ---PAGE BREAK--- 2 1. Before initiating drilling operations the User will designate a route, to and from the User’s end location. 2. Upon route designation, the User will provide a pre-use construction design, maintenance and post-use repair criteria to be followed by the User. The ultimate goal of the design shall be: A. Maintaining the roadway during use so as not to interfere with ordinary vehicle traffic. B. Safety of all users and to provide continuous access for emergency vehicles. C. Insuring that post-use, the condition of the road will be as good as or better than pre-use. D. Maintaining the roadway in a manner that drainage features (structures) remain functional and effective at all times, including surface road drainage. 3. The design shall include, at a minimum, the following: A. Current load bearing capacity of the road including the subbase. B. Current load bearing capacity of any bridges or culverts. C. Weather conditions, time of year of use, and subsurface hydrology. D. Duration of the proposed use. E. Interval of inspections. F. Interval of repairs. G. Pre-use improvements. H. Stormwater and runoff including improvements resulting from flow increases due to additional impervious surface. I. Dust control. J. Possibility of using or constructing new nonpublic roads. K. Snow and ice removal. L. Detailed maintenance plan based on the classification of the road and any ---PAGE BREAK--- 3 specific/unique factors affecting the road. M. All permits and responsibility for compliance with all other government agencies. N. Number and weight of vehicles. O. Adequate video or photographic record of the pre-use condition of the roadway. 4. Upon receipt of the design, the Municipality shall have 10 days in which to either accept the plan and execute the road use agreement or submit proposed changes or revisions to the proposed plan initiated by the Municipality itself or the Municipal engineer. 5. If the User proposes pre-use improvements designed for the proposed use, the User, upon completion of those pre-use improvements, shall not be required to post a financial bond but shall be required to comply with all terms of the maintenance agreement. 6. If the User proposes to use the existing roads with a maintenance plan without installing pre-use improvements, the User shall be required to post a maintenance bond at the rates prescribed by the Department of Transportation. It is understood the Municipality shall be enabled to enforce the maintenance agreement during the term of this agreement by calling in the maintenance bonds and requiring the posting of additional bonds should the cost of repairs at any time exceed the amount of the bond. This maintenance plan shall include PennDOT Form OS-2 which is attached as “Exhibit B” and made part by this reference. 7. Upon the completion of the User’s operations, the User, at its own cost and expense, shall within 60 days restore the roadways to the same or better condition as existed prior to the commencement of User’s operations. Any associated costs or fees incurred by the Municipality for the administration or supervision of User’s operations shall be borne by User. ---PAGE BREAK--- 4 8. Upon execution of this agreement, the User further agrees to immediately suspend its use of roadways (either completely suspend or agrees to abide by imposed weight limits) upon written notice from the Municipal Roadmaster/Engineer that, if in the discretion and opinion of the Municipal Roadmaster/Engineer, the continued use of the roadway may cause unnecessary damages, interference with access resulting from changes in weather conditions and/or the User’s operations. Upon receipt of the notice the User agrees to suspend its use of roadways immediately until, in the sole and absolute discretion of the Municipal Roadmaster/Engineer, the conditions causing the suspension of the use of the roadways no longer exist. 9. The provisions of this agreement shall apply not only to the User’s trucks, tractors and trailers, but also to any and all other equipment or vehicles used by the User, its agents, employees or assigns, during User’s operations. 10. Should the User fail to maintain, repair, restore or resurface the roadways to the condition existing prior to the execution of this agreement within 60 days from the date of completion of User’s operations, said User hereby agrees to reimburse and indemnify the Municipality for all costs and expenses incurred by the Municipality to repair, restore or resurface the roadways to the same condition which existed prior to the User’s operations. In addition, emergency repairs resulting from the user’s operations and determined to be necessary by the Municipal Roadmaster/Engineer, may be made by the Municipality with the User to reimburse the Municipality for all costs incurred by the Municipality in making such emergency repairs. 11. This agreement shall remain in effect until the User has complied with all the terms and conditions of this agreement. 12. This agreement shall be binding upon the parties hereto, their heirs, executors, ---PAGE BREAK--- 5 administrators, successors and assigns. Provided, however, that the User shall not assign its interest, or any portion thereof, in this agreement to a third party without the prior written consent of the Municipality. 13. This agreement shall be construed under the laws of the Commonwealth of and constitutes the entire understanding between the parties hereto. No modification or amendment to this agreement shall be permitted or effective unless in writing and executed by both parties. The proper venue for any action brought hereunder shall be the Court of Common Pleas, Centre County, 14. The User hereby agrees to hold harmless and indemnify the Municipality for any and all costs, expenses (including legal fees), suits, claims demands are other causes of action which may accrue because of the User’s operations. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have executed this Agreement this day of Municipal Official Date Municipal Official Date Municipal Official Date Attest: Municipal Secretary Date ---PAGE BREAK--- 6 “Exhibit A” Designated Route ---PAGE BREAK--- 7 OS-2 (10-08) www.dot.state.pa.us “Exhibit B” Posted Highway Restoration and Upgrade Review Checklist Engineering District 2-0 Operator: County: State Route: Limits: Date: Included or Addressed Requirement Yes No Comments or Recommendations Plan Requirements Typical sections Superelevation addressed Detail for tie-in to at grade structures Traffic control plan Detour Short term flagging Other Erosion control plan Pavement design, Pub 242 (Include anticipated traffic) Work schedule or project phasing Right-of-Way All proposed work within existing right-of-way Authorization to enter/waiver of claim for driveways Coordination for detours Posted bridges along proposed detour Emergency services contacted Local municipalities contacted Businesses along route contacted Local school district contacted (if required) Local property owners contacted Will mailboxes need reset Has post office been notified Utilities Minimum overhead clearance maintained Underground utilities located (PA one call) Drainage Cross pipes reviewed by PennDOT and/or contractor Replacements included or coordinated with PennDOT ---PAGE BREAK--- 8 Included or Addressed Requirement Yes No Comments or Recommendations Underdrain included in proposal Parallel ditch cleaning needed Included in project or coordinated with PennDOT Bridges within project limits Deadload check completed for proposed overlays Conflict with scheduled projects Guiderail within project limits Reset included in project Line painting included in project Route signs Will signs need reset as a result of proposed work Resetting of signs coordinated with PennDOT Brush and tree trimming or removal