HomeMy WebLinkAboutPermit ' ' PAG=002-87
No. CX87-16034
PRIVATE ROADWAY AND CROSSING AGREEMENT
Formerly Permit: PC358 and LD 157
N. Fiorito Company, Inc.
of 10-11-61
AGREEMENT made this lst day of OCTOBER, 1987, between BURLINGTON NORTHERN
RAILROAD COMPANY, a Delaware corporation, hereinafter called "Railroad", whose
post office address is 2000 First Interstate Center, 999 Third Avenue, Seattle, '�I
Washington 98104-1105, and ,
CITY OF RENTON, RENTON PARKS & RECREATION DEPARTMENT whose post office address
is 200 Mill Avenue South, Renton, WA 98055, hereinafter called "Permittee",
WITNESSETH:
WHEREAS, Permittee desires for Permittee's use the construction and main-
tenance upon the right-of-way of Railroad of a private 16' plank crossing,
hereinafter sometimes jointly referred to as the "roadway", and sometimes
referred to as the "crossing", to be located at RENTON (Elliott) , King County,
State of Washington, Survey Station 793+91.8 - Milepost 15.03, and Railroad
agrees to the construction and maintenance thereof and the use thereof by
Permittee upon the following terms and conditions:
1. Permittee shall , at their own cost and expense, do all required
grading and maintenance of the�way approaches and furnish, install , and
maintain necessary drainage facilities.
Permittee shall at their own cost and expense, obtain and furnish to
Railroad a policy of Public Li'abiTity and Property Damage Insurance as set out
in Addendum attached hereto and made a part hereof. �i
Railroad shall , at the cost and expense of Permittee, construct new !
crossing.
Railroad shall maintain said crossing at Permittee' s cost and expense.
2. Permittee shall u on execution hereof a to Railroad for the
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license and ermission hereb ranted the sum of FIFTY DOLLARS 50.00 for the
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five-year period commencing as of the date first hereinabove written. Permittee
hereby agrees to pay Railroad's standard license and permission charge as may be
in effect from time to time for periods subsequent to such initial five-year �
period.
3. Permittee shall , before any construction is begun, also pay to '
Railroad the sum of ONE THOUSAND DOLLARS, ($1,000.00) the agreed cost of the
work and materials to be furnished by Railroad at the expense of Permittee,
including cost of removal of said roadway.
Permittee shall also pay to Railroad from time to time the cost of the I���
maintenance, additions and betterments done by Railroad herein agreed to be
borne by Permittee, within twenty (20) days after bills are rendered therefor.
4. Should the right-of-way be now or hereafter fenced at the location �
described, Permittee shall construct, maintain, and keep repaired at Permittee's
expense, farm crossing gates in a manner satisfactory to the Division Superin-
tendent of Railroad, and said gates shall be kept closed, except when necessary
to be open for travel . Permittee agrees to assume all damages of every kind
whatsoever resulting from Permittee's failure to keep gates closed, or for
failure to keep the same in proper repair, as agreed in this paragraph.
5. Permittee shall at all times keep the flangeways of said crossing free
' and clear of all snow, dirt or any other obstructions whatsoever which may
accumulate by virtue of vehicles or farm machinery crossing thereover or other-
wise.
I
6. Permittee shall not permit said crossing to be used as a public
crossing nor shall Permittee authorize others to use said crossing without
' Railroad's written consent. Provided, however, written consent shall not be
required for occasional guests of Permittee. Permittee further agrees that upon
the lease, sale, devise or conveyance of the property being served by this
crossin that the Permittee shall notif Railroad of
9 y such lease, sale, devise or
conveyance and shall require that the lessee, grantee, receiver or purchaser
make application for a private crossing with Railroad.
7. Permittee, at Permittee's own expense, shall remove and keep removed
any vegetation at said crossing which may interfere with the view of trains
approaching in either direction.
8. The permission hereby granted shall neither be or be deemed or con-
strued to be a grant of land nor shall it constitute ownership by Permittee of
the roadway or that portion of the right-of-way of Railroad upon which the
roadway is located.
9. Permittee shall and hereby does release and discharge Railroad of and
from any and all liability for damage to or destruction of the said roadway, or
any property of Permittee thereon; and shall and hereby does assume any and all
liability for injury to or death of persons, or loss of or damage to property in
any manner arising from or during the construction, use, maintenance, repair or
removal of said roadway, 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 afore-
said. 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 employ-
ees, or be contributed to by such negligence, except to the extent that the
liability assumed may be prohibited by law.
10. It is agreed that the provisions of paragraph 9 are for the equal
protection of any other railroad company or companies, including National
Railroad Passenger Corporation (Amtrak) , heretofore or hereafter granted the
joint use of Railroad's property, of which said premises are a part.
11. In the event Railroad shall require the use of its premises occupied
by the said roadway or any part thereof for any purpose whatsoever, or if
Permittee shall fail to keep and perform any of the terms and conditions of this
agreement herein agreed by Permittee to be kept and performed, Railroad shall
have the right to terminate this agreement at any time upon giving to Permittee
thirty (30) days' written notice of its intention so to do and shall , upon
expiration of said thirty (30) days, have the right to remove said crossing and
barricade said roadway at the cost and expense of Permittee. Said notice shall
be good if served personally upon Permittee or posted upon the premises or
deposited postpaid in a United States Post Office, addressed to Permittee at
Permittee's post office address above stated. No portion of any payments made
hereunder will be refunded upon termination of this agreement.
I
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� BURLINGT0111 �
AFE ESTiMATE SH EET� RAIL OAD
� RFA No. �
� Sheet No.
Description � � !abor � Material Total
Construct a 16' Plank Crossing for the City � � � ( I
o# Renton, Renton,Wa.
� � � �
„ „ . I I I I '�
� 112 L. �.4 X10 Crossing Plar�k � � 25Q � 318 (
63 L.F. 2"X8" Crossing Shims � � � 32 �
32 Drive 5pikes � � � s3 !
, Place Crossing Signs f � 100 � 80 �
Foreign Line Freight 1.71°/a � I � 4 �
Material Handling 16.28°l0 � � I 43 I
, Equipment Rental � � � 74 �
Expenses � � 27 � 22 �
Labor Additives � � 194 � �
State and Loca!Taxes ( � ( 21 �
' B.&4.Tax � � � z �
# f � �
I Totaf Cost � � 577 � 429 � 1,000
� � � �
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DRO 9/15/$7 ( � � �
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ADDENDUM TO BURLINGTON NORTHERN RAILROAD COMPANY
PERMIT N0. CX87-1�i.03.4 DATED n,�r�her 1., 19u�
The Permittee shall procure and keep in full force and effect during the
term of Permit No. _ a policy of Public Liability and Property
Damage Liability Insurance as erein provided, or certificate with respect
thereto, together with a Contractual Liability Endorsement attached thereto,
under the terms of which the insuring agreements of the policy are extended to
cover the liability assumed by the Permittee hereunder. The form of said
Endorsement is hereto attached, marked Exhibit "B".
The Permittee shall carry regular Public Liability Insurance for all '
damages arising from bodily injuries to or death of one or more persons and ',
regular Property Damage Liability Insurance for all damages to or destruction of �
property during the policy period. Said insurance shall provide for a combined ',
single limit of Five Hundred Thousand Dollars ($500,000) .
Such policy or certificate with respect thereto, together with said
Contractual Liability Endorsement attached thereto, shall be submitted to the
Railroad for approval as to the insurance company writing same, the amount and
the form, and, upon approval and prior to commencement of any work to be per- I
formed under this agreement, the Permittee shall deposit the same with the '
Railroad. '
It is understood that said insurance policies shall be so written that no ��
insurance company shall have any recourse against the Railroad, by way of '
subro ation or otherwise for an loss covered b or aid or a able under said
9 � Y Y P pY
policies. '
�� Notwithstanding the foregoing provisions of this Addendum, Permittee
�ITY OF RENTON, shall be permitted to self-�nsure all or any portion
of the risks hereinabove and in Exhibit"B" required to be insured,
in accordance with Permittee 's corpor�te risk manager and loss
retention paractices as in effect from time to time , and in the
absence of Permittee furnishing any policy or certificate of in-
surance and contractual liability endoresement herein required all such,
risks required to be so insured by Permittee shall be regarded as
self-insured by Permittee.
� Date / �, / ��7
BY �b�u ,��d�u� ac'�
l;t'1 Y Cjr th�N�!U. / :�Ia or �
Y
** Applicable only if Self-insured. --
ATTEST:
�ogen 21 para B / �
Ciry Clerk
EXHIBIT "B"
. � CONTRACTUAL LIABILITY ENDORSEMENT
In consideration of an additional deposit premium of , the
insuring agreements of the policy to which this Contractual Liability
Endorsement is attached are hereby extended to cover the liability for bodily
injuries, including resulting death and damage to property, which liability the
insured has assumed by virtue of the following wording contained in an agreement
entered into between the insured and Burlington Northern Railroad Company
numbered �x8 7-i h 0 34 and dated Octob er 1 , 19 8 7 .
Permittee shall and hereby does release and discharge Railroad of and from
any and all liability for damage to or destruction of the said roadway, or any -
property of Permittee thereon; and shall and hereby does assume any and all
liability for injury to or death of persons, or loss of or damage to property in
any manner arising from or during the construction, use, maintenance, repair or
removal of said roadway, 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 afore-
said. 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 R,ailroad 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 negligenc�, except to the extent that '
the iiability assumed may be prohibited by law.
This Endorsement is issued subject to all agreements, exclusions, condi-
tions, declarations and other terms contained in the policy, except as modified
by this Endorsement.
Ten days' written notice shall be given to Burlington Northern RaiTroad
Company addressed to the Assistant General Manager, 2000 First Interstate
Center, Seattle, Washington, 98104-1105, of any cancellation of Policy
No. if canceled at any time prior to the expiration date of the i
stated policy period. '
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IN WITNESS WHEREOF, the parties hereto have executed this agreement the day
and year first above written.
BURLING N NORTHERN RAILROAD COMPANY
lZ��
n ng neer
In presence of: CITY OF RENTON
ATTEST:
�"��-�.e.J ��2a�-t..� . � `�
City Clerk Mayor
/ .� /Q'�"�'
Date � `' '
�� BURLINGTON NORTHERN RAILROAD
j
2000 First Interstate Center
999 Third Avenue
Seattle, WA 98104-1105
206-467-3289
City of Renton December 22, 1987 II
Parks & Recreation Department
200 Mill Avenue South
Renton, WA 98055
Attention: Mr. John E. Webley
Gentlemen:
Re: Permit No. CX87-16034 for an existing 16' private crossing at
RENTON (Elliott) , WA. , formerly permited to N. Fiorito Company,
Inc. , and Permit PC358 and LD 157 dated 10-11-61.
Attached is copy of completed agreement for your file.
This will also acknowledge receipt of your check No. 37274 dated
December 11, 1987, in the amount of $1.050.00, to cover the permit fee
of $50.00 for the five-year period commencing October 1, 1987, together
with $1,000.00, the agreed cost of work and materials to be furnished by
Railroad.
Also, we are herewith advising our Roadmaster, Mr. M. J. Forgey to
schedule the construction of this crossing as outlined in the September
15, 1987 estimate of costs. Mr. Forgey may contact you by phone at
206-235-2560.
This will also acknowledge the endorsement of the Insurance Addendum to
Burlington Northern Railroad Company that the City of Renton is
self-insured. Copy of same will be forwarded to our Risk Management
Department, Ft. Worth, TX.
Before beginning any work, by yourself, now or in the future, on our
right-of-way, 48 hours' advance notice must be given to Roadmaster Mr.
M. J. Forgey so he can make any arrangements he deems necessary. His
telephone number in Seattle, WA is 06-625-6462.
Yours truly,
��,
Bob Luckey
Permit Clerk/PACIFIC DIVISION
Att.
cc: Mr. R. L. Gunderson
Mr. M. J. Forgey, Roadmaster
Ms. J. Gebhardt, Ft. Worth, TX
�_ _
,�"�C�G 4`l %��e l�Jl�,. '
TO: � —
. C3 PLEASE CALL
FROM• G FOR YOUR I NFORMAT I ON
�L ri FOR ACTION
DATE•�l�j � Q' (!i'IME: � FOR APPROVAL
� `�p ❑ FOR S I GNATURE
RE•����'/ ��"����yu�� —� YOUR RECOMMENDAT I ON
� �f�'OUR CONVERSATION
PHONE # ' � � � �� PER YOUR REQUEST
� ❑ READ AND RETURN
❑ READ AND ROUTE TO FILES
COMMENTS: � Ca ATTACH MATER IAL � RETURN
� FORWARD TO
,
INTEROFFICE CORRESPONDENCE
DBte � e:: ;�c.r :, ? `: 7
T0: :,am Chastain; Parks Depsrtment
FROM: Maxine E. Motor, City Clerk
SUBJECT: PAG-002-87 - BURLI:vGTON NORTHc:iv - Yrivate Cro�sin;�, :�.t Renton (�:_L�i�?tt;
Eor City o.E Renton Parks Depart.me;�t ;:or :I�zpl -:•;����c1
Golf Course Ext��nsion
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� We return herewith fully executed document(s) , as above-
captioned, copy of which we have retained for our official
public records. Copies should be forwarded to
and the other for your file.
Pursuant to your memo of X we return herewith
I �, � document�s) , as above-captioned, which have been signed •by
U City Officials and need to be forwarded for further execution
by Burlington Northern
' We return herewith recorded document(s) , as above-captioned,
I I copy of which we have retained for our official public records.
1.-.-1 Copies should be forwarded to appropriate parties and retained
as necessary for your files.
I Y � Please file a fully executed copy with the City Clerk's office
for our permanent records when received.
Thank you.
� MEM:dbf 'Jn ,
v
CC:
i,�iclosures (2) I
I
�.
-��6- onz-8�
BURLINGTON NORTHERN RAILROAD
�
2000 First Interstate Center
999 Third Avenue
Seattle, WA 98104-1105
206-467-3289
City of Renton September 23, 1987
Renton Parks & Recreation Department
200 Mill Avenue South
Renton, WA 98055
Attention: Mr. John E. Webley
Gentlemen:
Attached is permit No. CX87-16034 in favor of an existing 16' private
crossing at RENTON (Elliott) , WA.
Please arrange to have proper signatures affixed to both copies of this
agreement in the presence of witnesses and return to this office along
with your check in the amount of $50.00 to cover the permit fee for the
first five-year period, also the amount of $1,000.00 the agreed cost of
work and materials to be furnished by Railroad and estimates herewith
attached to the agreement, for a total of $1,050.00.
Also send your INSURANCE CERTIFICATE to cover the liability. If you are
self-insured, please sign, and date, the attached Addendum, disreqarding
the attached Contractual Liability Endorsement. We need to f�ave this
certificate BEFORE the permit can be executed.
After execution on behalf of the railroad, one copy will be returned to
you for your records. Kindly refer to file number shown below when
phoning and/or corresponding about this permit until finalized.
, Sincerely,
C�
Bob Luckey
' Permit Clerk/PACIFIC DIVISION
Att.
File: 5471 Elliott
�� CITY OF RENTON
�% '�- Lawrence J. Warren, City Attorney
�J1 Daniel Kellogg - David M. Dean-Mark E. Barber -Zanetta L. Fontes -Theodore R. Parry
� Assistant City Attorneys
September 30 , 1987
TO: Sam Chastain, Park Superintendent
FROM : Lawrence J. Warren, City Attorney
RE: Burlington Northern Permit for Private Crossing I
Dear Sam:
The Burlington Northern Agreement is approved as to legal form.
It is understood that we hav� to get across the Burlington
Northern Tracks and they dictate the terms upon which we can get
the permission to cross. Their agreemen� is overly broad and
over reaching, including a clause th�t indemnifies them against
their own ne3ligence. For this simple crossing we have to pay
the railroad $50 .00 for five years but also give them $1 ,000.00
for costs for work and materials to be furnished by the railroad
for the crossing. All in all, this is a one-sided agreement in
favor of the railroad. If we must have the agreement and we must
have the crossing, th�n the agreement is approved as to legal
form.
�^��
Lawrence J. Warren
LJW:nd
Encl.
cc: Mayor
N8.12:11
Post Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206) 255-8678
� . ' � . ��� �0�-�7
. � � � � � � . . - . .
No. CX87-16034
PRIVATE ROADWAY AND CROSSING AGREEMENT
Formerly Permit: PC358 and LD 157
N. Fiorito Company, Inc. ',
of 10-11-61 '
AGREEMENT made this lst day of OCTOBER, 1987, between BURLINGTON NORTHERN
RAILROAD COMPANY, a Delaware corporation, hereinafter called "Railroad", whose
post office address is 2000 First Interstate Center, 999 Third Avenue, Seattle,
� Washington 98104-1105, and
CITY OF RENTON, RENTON PARKS & RECREATION DEPARTMENT whose post office address
is 200 Mill Avenue South, Renton, WA 98055, hereinafter called "Permittee",
WITNESSETH:
WHEREAS, Permittee desires for Permittee's use the construction and main-
tenance upon the right-of-way of Railroad of a private 16' plank crossing,
hereinafter sometimes jointly referred to as the "roadway" , and sometimes
referred to as the "crossing", to be located at RENTON (Elliott), King County,
State of Washington, Survey Station 793+91.8 - Milepost 15.03, and Railroad
agrees to the construction and maintenance thereof and the use thereof by
Permittee upon the following terms and conditions:
1. Permittee shall , at their own cost and expense, do all required
grading and maintenance of the roaaway approaches and furnish, install , and
maintain necessary drainage facilities.
Permittee shall at their own cost and expense, obtain and furnish to
Railroad a policy of Public Lia-6i�ity and Property Damage Insurance as set out
in Addendum attached hereto and made a part hereof.
Railroad shall , at the cost and expense of Permittee, construct new
crossing.
Railroad shall maintain said crossing at Permittee' s cost and expense.
2. Permittee shall , upon execution hereof, pay to Railroad for the
license and per.mission hereby granted the sum of FIFTY DOLLARS, ($50.00) for the
five-year period comnencing as of the date first hereinabove written. Permittee
hereby agrees to�pay Railroad's standard license and permission charge as may be
in effect from time to time for periods subsequent to such initial five-year "
period.
3. Permittee shall , before any construction is begun, also pay to
Railroad the sum of ONE THOUSAND DOLLARS, ($1,000.00) the agreed cost of the
work and materials to be furnished by Railroad at the expense of Permittee,
including cost of removal of said roadway.
Permittee shall also pay to Railroad from time to time the cost of the
maintenance, additions and betterments done by Railroad herein agreed to be
borne by Permittee, within twenty (20) days after bills are rendered therefor.
4. Should the right-of-way be now or hereafter fenced at the location
described, Permittee shall construct, maintain, and keep repaired at Permittee's
expense, farm crossing gates in a manner satisfactory to the Division Superin-
tendent of Railroad, and said gates shall be kept closed, except when necessary
to be open for travel . Permittee agrees to assume all damages of every kind
whatsoever resulting from Permittee's failure to keep gates closed, or for
failure to keep the same in proper repair, as agreed in this paragraph.
5. Permittee shall at all times keep the flangeways of said crossing free
and clear of all snow, dirt or any other obstructions whatsoever which may
accumulate by virtue of vehicles or farm machinery crossing thereover or other-
wise.
.y� �,.
�
_ _ � .
, � �1 r • � . . � ` '
6. Permittee shall not permit said crossing to be used as a public
crossing nor shall Permittee authorize others to use said crossing without
Railroad's written consent. Provided, however, written consent shall not be
required for occasional guests of Permittee. Permittee further agrees that upon
the lease, sale, devise or conveyance of the property being served by this
crossing that the Permittee shall notify Railroad of such lease, sale, devise or
conveyance and shall require that the lessee, grantee, receiver or purchaser
make application for a private crossing with Railroad. ,
7. Permittee, at Permittee's own expense, shall remove and keep removed I
any vegetation at said crossing which may interfere with the view of trains
approaching in either direction.
8. The permission hereby granted shall neither be or be deemed or con-
strued to be a grant of land nor shall it constitute ownership by Permittee of
the roadway or that portion of the right-of-way of Railroad upon which the
roadway is located.
9. Permittee shall and hereby does release and discharge Railroad of and
from any and all liability for damage to or destruction of the said roadway, or
any property of Permittee thereon; and shall and hereby does assume any and all
liability for injury to or death of persons, or loss of or damage to property in
any manner arising from or during the construction, use, maintenance, repair or
removal of said roadway, 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 afore-
said. 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 employ-
ees, or be contributed to by such negligence, except to the extent that the
liability assumed may be prohibited by law.
10. It is agreed that the provisions of paragraph 9 are for the equal
protection of any other railroad company or companies, including National
Railroad Passenger Corporation (Amtrak) , heretofore or hereafter granted the
joint use of Railroad's property, of which said premises are a part.
11. In the event Railroad shall require the use of its premises occupied
by the said roadway or any part thereof for any purpose whatsoever, or if
Permittee shall �ail to keep and perform any of the terms and conditions of this
agreement herein agreed by Permittee to be kept and performed, Railroad shall
have the right to terminate this agreement at any time upon giving to Permittee
thirty (30) days' written notice of its intention so to do and shall , upon
expiration of said thirty (30) days, have the right to remove said crossing and
barricade said roadway at the cost and expense of Permittee. Said notice shall
be good if served personally upon Permittee or posted upon the premises or
deposited postpaid in a United States Post Office, addressed to Permittee at
Permittee's post office address above stated. No portion of any payments made
hereunder will be refunded upon termination of this agreement.
) • • � • . • • 1 •
� BURUNGTON
AF E E STI MATE S H E ET� RAILROAD
RFA No. �
Sheet Na ,
Description � I !abor Material Total
I I
Construct a 16' Plank Crossing for the City � � � I '
of Renton, Renton,Wa. � I � I
� 1 I I
112 L. F.4"X10" Cr
ossin Plank
9 � I 250 + 118 I
63 L.F. 2"X8" Crossing Shims , I � 32 �
32 Drive Spikes � I I �3 I
Place Crossing Signs � I 100 � 80 I
Foreign Line Freight 1.71% � � � 4 +
Material Handling 16.28% � � I 43 +
Equipment Rental � � � 74 I
Expenses � � 27 � 22 I
LaborAdditives � � 194 � I
State and Local Taxes � � � 21 �
B.&O.Tax � � � 2 �
� � � �
Total Cost � � 571 � 429 � 1,000
� � � �
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� � �
DRO 9/15/87 � � � I
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ADDENDUM TO BURLINGTON NORTHERN RAILROAD COMPANY ,
PERMIT N0. �xQ�_i �n�a DATED nctriPr � 19..�,� 'i
I
The Permittee shall procure and keep in full force and effect during the
term of Permit No. a policy of Public Liability and Property
Damage Liability Insurance as erein provided, or certificate with respect
thereto, together with a Contractual Liability Endorsement attached thereto,
under the terms of which the insuring agreements of the policy are extended to
cover the liability assumed by the Permittee hereunder. The form of said
Endorsement is hereto attached, marked Exhibit "B".
The Permittee shall carry regular Public Liability Insurance for all
damages arising from bodily injuries to or death of one or more persons and
regular Property Damage Liability Insurance for all damages to or destruction of
property during the policy period. Said insurance shall provide for a combined
I single limit of Five Hundred Thousand Dollars ($500,000).
Such policy or certificate with respect thereto, together with said ��
Contractual Liability Endorsement attached thereto, shall be submitted to the
Railroad for approval as to the insurance company writing same, the amount and
the form, and, upon approval and prior to commencement of any work to be per-
formed under this agreement, the Permittee shall deposit the same with the
Railroad.
' It is understood that said insurance policies shall be so written that no
insurance com an shall have an recourse a ainst the Railroad, b wa of
P Y Y 9 Y Y
subrogation or otherwise, for any loss covered by or paid or payable under said
policies.
�� Notwithstanding the foregoing provisions of this Addendum, Permittee
�ITY OF RENTON, shall be permitted to sel£-insure all or any portion
of the risks hereinabove and in Exhibit"B" required to be insured,
in accordance with Permittee 's corpor�te risk manager and loss
retention paractices as in effect from time to time , and in the
absence of Permittee furnishing any policy or certificate of in-
surance and contractual liability endoresement herein required all such
risks required to be so insured by Permittee shall be regarded as
self-insured by Permittee.
� Date / `�' / 9��'
By �ba�v ���S 6�ur��a�.'�
l;.t"1'Y ` Ur 1Z�1V'1'UN / Ma or '
Y
** Applicable only if Self-insured. --" ".
ATTEST: '
�ogen 21 para B �
City Clerk
, • • . • , , . • •, ' ,
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day
and year first above written.
BURLINGTON NORTHERN RAILROAD COMPANY
Division Engineer
In presence of: CITY OF RENTON
ATTEST:
� I�►�u�o� ,�,► S�,C�tpoc�.
� Ci y Clerk Mayor
a� �9 � ��'�
Date ` �
a
• f
r
� . . ,
EXHIBIT "B"
� CONTRACTUAL LIABILITY ENDORSEMENT
In consideration of an additional deposit premium of , the
insuring agreements of the policy to which this Contractual Liability
Endorsement is attached are hereby extended to cover the liability for bodily
injuries, including resulting death and damage to property, which liability the
insured has assumed by virtue of the following wording contained in an agreement
entered into between the insured and Burlington Northern Railroad Company
numbered �R�-� �;��4 and dated October 1 , 1987
Permittee shall and hereby does release and discharge Railroad of and from
any and all liability for damage to or destruction of the said roadway, or any
property of Permittee thereon; and shall and hereby does assume any and all -
liability for injury to or death of persons, or loss of or damage to property in
any manner arising from or during the construction, use, maintenance, repair or I
removal of said roadway, 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 afore-
said. 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 negligence, except to the extent that
the liability assumed may be prohibited by law.
This Endorsement is issued subject to all agreements, exclusions, condi-
tions, declarations and other terms contained in the policy, except as modified
by this Endorsement.
Ten days' written notice shall be given to Burlington Northern RaiTroad
Company addressed to the Assistant General Manager, 2000 First Interstate
Center, Seattle, Washington, 98104-1105, of any cancellation of Policy
No. if canceTed at any time prior to the expiration date of the
stated policy period.