HomeMy WebLinkAboutL_SP_Exceptions_10_880211_American_Title_v1.pdfIL -
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Es is hauAlmu 9 Yis Pipeline Permit = �—
No. P186-16113 -
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1:Y MEL 239-02-850 Job No. 1-64Cr: cd
Mal >i Boeing Electronics Company
IMUM Berkley Structures - Phase II
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THIS AGREEMENT, made this 3rd day of Notrerber 1986, between BURLINGTON
NORTHERN RAILROAD COMPANY, a Delaware corporation, Ferei'n-aTter called "Railroad"
whose post office address is 2000 First Interstate Center, 999 Third Avenue,
Seattle, Washington 98104-1105, and
CITY OF RENTON, a N/A corporation,
whose post office address is 200 Mill Street South, Renton, WA 98055,
hereinafter called "Permittee," G_.pRE�iF ( 0r *0A 16 v
® WITNESSETH:
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�- Railroad, for and in consideration of the fee herein provided to be paid to
CD it by Permittee and of the covenants and promises hereinafter made to be
observed and performed by Permittee, does hereby grant to Permittee license and
permission to excavate for, construct, maintain and operate
13—underground' r•p45'ej ami
,potable water
pipe encased in an IS` casing steel pipe at a
depth of pipe of;.Yfeet from top of tie to top of casing pipe and at a 90, angle
of crossing installation by jacking or boring and receiving pits depth 10 feet
hereinafter referred to as the "facility," upon, along or across the
right-of-way of Railroad, underneath the surface thereof, and under the tracks
of its railroad, as the case may be, at or near
RENTON, Orillia Industrial Park in the County of King, State of Washington,
to be located as follows, to -wit:
Crossing at Survey Station 12+25 H.B. 21+89.5+1225".
Fermittee in consideration of such license and permission hereby covenants
and promises as follows:
1. Permittee will pay in advance to Railroad for this permit the sum of
FOUR HUNDRED FIFTY DOLLARS ($450.00) for the entire period that this permit
remains in effect and Permittee will also pay all taxes and assessments that may
be levied or assessed against the Pipeline. This provision shall in no way
affect Railroad's right to terminate this permit pursuant to Paragraph 9 hereof.
2. Permittee, at Permittee's sole cost and expanse, shall excavate for,
construct, reconstruct, maintain and repair the facility, placing the same in
accordance with the specifications provided in application dated January 3,
1986, heretofore approved by the Railroad's Chief Engineer Region.
Permittee shall fill in the excavation, and restore the surface of the
ground to its previous condition subject to the approval of the Superintendent
of the Division of Rai -,road upon which the facility is located. Said
Superintendent shall have the right at any time when in his judgment it becomes
necessary or advisable, to require any material used in the work to be replaced
with like material or with material of a more permanent character; also to
require additional work or change of location of said facility as a matter of
safety, or of appearance, or on account of additional tracks being laid, change
of grade thereof, construction of a building, or for any other reason whether or
not connected with the operation, maintenance, or improvement of the railway of
Railroad, all of which shall be done at the expense of Permittee in the manner
herein provided.
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5. In the event any cathodic electrolysis or other electrical grounding
%o system is installed in connection with the facility which, in the opinion of
Railroad, in any way interferes with any train signals, telephone or telegraph
lines, or other facilities of Railroad, Permittee upon being informed by
Railroad of such interference shall fortlmwith discontinue operation of and
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remove said grounding system, or take such steps as may be necessary to avoid
0 and eliminate all such interference. Permittee further agrees to indemnify and
6A save harmless Railroad from and against any damages. claims, losses, suits or
CO expenses in any manner arising from or growing out of interference with the
signals, telephone or telegraph lines of Railroad by the operation, use or
existence of any such gro: Ig system.
6. Permittee shall and hereby releases and discharges Railroad of and
from any and all liability for damage to or destruction of the said facility,
and any other property of Permittee located on or ne_r Railroad's premises; and
shall and hereby assumes any and all liability for injury to or death of any and
all persons whomsoever, including officers, employees and agents of the Parties
hereto, or loss of or damage to property to whomsoever belonging, including
property owned by, leased to or in the care, custody and control of the Parties
hereto, in any manner arising from or during the construction, any reconstruc-
tion, use, maintenance, repair or removal of said facility, however such injury,
death, loss, damage or destruction aforesaid may occur or be caused; and shall
and hereby does indemnify and save harmless Railroad of and from any and all
claims, demands, suits, actions, damages, recoveries, judgments, costs or
expenses arising or growing out of or in connection with any such injury, death,
loss, damage or destruction aforesaid. Permittee further agrees to appear and
defend in the name of Railroad any suits or actions at law brought against it on
account of any such personal injuries, death or damage to property, and to pay
and satisfy any final judgment that may be rendered against the Railroad in any
such suit or action. The liability assumed by Permittee herein shall not be
affected or diminished by the fact, if it be a fact, that any such suit or
action brought against Railroad may arise out of negligence of Railroad, its
officers, agents, servants or employees, or be contributed to by such negli-
gence.
7. Permittee shall not transfer or assign this permit without the written
consent of Railroad.
8, Nothing herein contained shall imply or import 3 covenant on the part
of Railroad for quiet enjoyment.
3. Permittee shall give to the said Superintendent at least 48 hours'
ad,s�ce notice of any work to be done Dy Permittee in the excavation, construc-
tion, any reconstruction, maintenance, repair, change of location or removal of
the facility, and shall conduct such work in such manner as not to interfere
with the maintenance and operation of the railway of Railroad.
4. In the event that Railroad, at the request of Permittee or any agent
or Contractor of Permittee, or for the protection of its property and opera-
tions, does any cork, furnishes any material or flagging service, or incurs any
expense whatsoever an account of the excavation for, construction, any recon-
struction, maintenance, repair, change of location, removal of the facility or
otherwise, Permittee shall reimburse Railroad for the cost thereof within twenty
(20) days after bills are rendered therefor. If the excavation for construc-
tion, any reconstruction, main-_enance, repair, change of location, or removal of
the facility, requires any or all of the following work: Removal and replace-
ment of track, bridging, protection of track or other railway facilities by work
or flagging, engineering and/or supervision, such work is to be performed by
Railroad employees and the cost borne by Permittee.
5. In the event any cathodic electrolysis or other electrical grounding
%o system is installed in connection with the facility which, in the opinion of
Railroad, in any way interferes with any train signals, telephone or telegraph
lines, or other facilities of Railroad, Permittee upon being informed by
Railroad of such interference shall fortlmwith discontinue operation of and
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remove said grounding system, or take such steps as may be necessary to avoid
0 and eliminate all such interference. Permittee further agrees to indemnify and
6A save harmless Railroad from and against any damages. claims, losses, suits or
CO expenses in any manner arising from or growing out of interference with the
signals, telephone or telegraph lines of Railroad by the operation, use or
existence of any such gro: Ig system.
6. Permittee shall and hereby releases and discharges Railroad of and
from any and all liability for damage to or destruction of the said facility,
and any other property of Permittee located on or ne_r Railroad's premises; and
shall and hereby assumes any and all liability for injury to or death of any and
all persons whomsoever, including officers, employees and agents of the Parties
hereto, or loss of or damage to property to whomsoever belonging, including
property owned by, leased to or in the care, custody and control of the Parties
hereto, in any manner arising from or during the construction, any reconstruc-
tion, use, maintenance, repair or removal of said facility, however such injury,
death, loss, damage or destruction aforesaid may occur or be caused; and shall
and hereby does indemnify and save harmless Railroad of and from any and all
claims, demands, suits, actions, damages, recoveries, judgments, costs or
expenses arising or growing out of or in connection with any such injury, death,
loss, damage or destruction aforesaid. Permittee further agrees to appear and
defend in the name of Railroad any suits or actions at law brought against it on
account of any such personal injuries, death or damage to property, and to pay
and satisfy any final judgment that may be rendered against the Railroad in any
such suit or action. The liability assumed by Permittee herein shall not be
affected or diminished by the fact, if it be a fact, that any such suit or
action brought against Railroad may arise out of negligence of Railroad, its
officers, agents, servants or employees, or be contributed to by such negli-
gence.
7. Permittee shall not transfer or assign this permit without the written
consent of Railroad.
8, Nothing herein contained shall imply or import 3 covenant on the part
of Railroad for quiet enjoyment.
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9. It is expressly understood and agreed that Railroad may at any time
cancel ala terminate this license and permission by giving to Permittee ninety
(90) days' notice in writing of its intention to cancel the same and at the
expiration of such notice this license and permission shall terminate. Upon
receipt of such notice and before the expiration thereof, Permittee, under the
supervision and direction of the said Superintendent, or his authorized repre-
sentative, shall remove the facility from the right-of-way of Railroad and
restore the right-of-way and premises of Railroad in a manner and to such
condition as shall be satisfactory to the said Superintendent of Railroad. If
PeZttee shall fail to remove the facility and restore the said right-of-way to
such condition within said ninety (90) day period, Railroad at its option may
remove the sane and restore the said right-of-way to its previous condition, and
Permittee shall pay the cost and expense thereof to Railroad.
10. Upon any failure of Permittee punctually and strictly to observe and
Perform the covenants and promises made herein by Permittee to be kept and
performed, Railroad may terminate this Agreement on ten (10) days' notice to
Permittee, remove the facility, and restore the right-of-way to its previous
condition at the cost and expense of Permittee.
11. In the event of Permittee's removal of the Pipeline from Railroad's
premises, Permittee agrees to terminate said Agreement by notifying Railroad's
,p Division Superintendent in writing of Permittee's removal ofPipeline and
O termination of said Agreement within thirty (30) days from date of removal of
said Pipeline from Railroad's premises.
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2i12. Any notices given under the provisions of this Agreement shall he good
OD if deposited postpaid in a United States post office addressed to Permittee at
Permittee's post office address above stated or as otherwise directed by
Permittee.
13. The license and pemiss°on herein granted is subject to permits,
leases and licenses, if any, heretofore granted by Railroad affecting the
premises upon which said facility is located.
14. The the event of Permittee's removal andfor retirement in place of
Pipeline from Railroad's premises Permittee agrees to terminate said Agreement
by notifying Railroad's Engineering Department in writing of Permittee's removal
and/or retirement in place of Pipeline and termination of said Agreement within
thirty (30) days from date of removal of said Pipeline from Railroad's premises.
15. Subject to the foregoing provisions, this Agreement and all of the
covenants and promises thereof, shall inure to the benefit of and be binding
upon the Parties hereto, their respective executors, administrators, successors
and assigns.
IN WITNESS WHEREOF, Railroad and Permittee have executed this Agreement the
day and year first above written.
BURLINGTON NORTHERN RAILROAD COMPANY
By ( ikU- 9 Uui�
nisongiireer
Witnesses to Signature of Permi CITY OF RENTON C
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