HomeMy WebLinkAboutPermit ' � � ' • • ,PAG-92-001
Miscellaneous
Right-of-Way Occupancy Permit
No. PX92-161$9
LKWSH03L
THIS AGREEMENT, made this 2nd day of NOVEMBER, 1992, between BURLINGTON
NORTHERN RAILROAD COMPANY, a Delaware corporation, hereinafter called
' "Burlington" whose post office address is 2000 First Interstate Center, 999
Third Avenue, Seattle, Washington 98104-1105, and
CITY OF RENTON � � .� � �
whose post office address is: , �
;
f200 Mill Avenue South
, Renton WA 98055
� �
� �
hereinafter called "Permittee,�" I
' WITNESSETH:
Burlington, for and in consideration of the fee herein provided to be paid
to it by Permittee and of the covenants and promises hereinafter made to be ob-
served and performed by Permittee, does hereby grant to Permittee license and
permission to excavate for, construct, maintain and operate
paving roadway for access to an existing sewer lift station on the R/W
hereinafter referred to as the "facility," upon the right-of-way of Burlington,
or underneath the surface thereof of Burlington's track, as the case may be, at
' or near
� KENNYDALE, in the County of King, State of Washington,
to be located as follows, to-wit:
at Line Segment 0405 - Survey Station 970+50 - Milepost 5.71.
Permittee in consideration of such license and permission hereby covenants
and promises as follows:
1. Permittee will pay in advance to Burlington for this permit the sum of
THREE HUNDRED DOLLARS ($300.00) for the first TEN (10) year period hereof and
ONE HUNDRED FIFTY DOLLARS ($150.00) for each subsequent TEN (1Q) year period
that this permit remains in effect and Permittee will also pay or reimburse
Burlington for all taxes and assessments that may be levied or assessed against
said "facility". Burlington reserves the right to change the fee on future
Permits at any time without notice. This provision shall in no way affect
Burlington's right to terminate this permit pursuant to Paragraph 10 hereof.
Either party hereto may assign any receivables due them under this Agreement,
provided, however, such assignments shall not relieve the assignor of any of its
rights or obligations under this agreement.
2. Permittee, at Permittee's sole cost and expense, shall excavate for,
construct, reconstruct, maintain and repair the facility, placing the same in
accordance with the specifications provided in application dated 9/17/92,
heretofore approved by the Burlington's Division Engineer.
Permittee shall fill in the excavation, and restore the surface of the
ground to its previous condition subject to the approval of the General Manager
of the Division of Burlington upon which the "facility" is located. Said
General Manager 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 "facilitv" 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 Burlington, all
of which shall be done at the expense of Permittee in the manner herein
provided.
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3. Permittee shall give to the said General Manager at least two (2)
days' advance notice of any work to be done by Permittee in the excavation,
construction, 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 Burlington.
4. In .the event t•hat Burlington, at the. reguest of_ Permittee or any agent
or contractor of Permittee, or for the protection of its property and opera-
t�ons,-:does any work, furnishes ang material ar flagging service, or incurs any
eApense whatsoever on a�count of the excavation for, construction, any recon-
struction, maintenance, repair� �cl�an�g of location, removal of the "facility" or
otherwise, Permittee shall re3mbu"rs� Burlington for the cost thereof within
twenty (20) days after bills are rendered therefor. If the excavation for
constructfon, any reconstructivn, maintenance, repair, change of location, or - _____
removal of the "facility", re ires any or all of the £ollowing work: Removal
and replacement of track, br�dging, protection of track or other Burlington
facilities by work or flagging�, eagineering and/or supervision, such work is to
be performed by Burlington em�floyees and the cost borne by Permittee.
5. (a) Fiber optic cable systems may be buried on .Burlington's property.
Permittee� �sha11 telephone Burlington at 1-800-533-2891 (a 24-hour number) to
determine if fiber optic cable is buried anywhere on Burlington's premises to be
used by Permtt.�ee. � If .it is�,�°Pe�titirtee v�ill� tel�shon� tt�e telec�mm�nications ,
c�mp�ny�(ips�-=�nvolv�d�, �aira�ge:�.������-�. �.a�l�� '1oes�r� at�'"m�ke��ar�angea�ents fdr '
relocatfon or- other protectio�- af •the fiber- ogtic Eable prior to- beginning any �
wori�� a�,�riir��taat'�s"�pr�a�tses.r�'Z�n�,a�dtt�ott ��� �h� 3x�bt�#ty terms elsewhere in �
this Agreement, Permittee shall indemnify and hold Burlington harmless against '
�nd_--�from - a11 `cost;._ :�tabi�ltty,=-�-and� ��c�pei�se -�,�iat5tsever' ��n�li�ding, without
' limitation, attorney's fees and court costs and expenses) arising out of or in
any =s�a� cantributed tn ��sy �ar�y 'acL -a�� omiss�an -a� -Fertn�t�tee, --it4 cnntra�tor,
agenrs�and/or employee9y� that�eauses an��3n_.any .way.ar�=de�ree_contr�butes to, (1) '
any ctamage to or destruction of any telecommunications system by Permittee,
and/or its contractor, agents and/or employees, on Burlington's property, (2)
any ���ury to ,or death of - any person �e�ployed-� by or on behalf of any
telecommunications company, and/or its contractor, agents and/or employees, on
�ar.lington's property, and/ar .(3) any claim or cause of action for alleged loss
of profits or revenue by, or loss of service by a customer or user of, such I
�eTeeommunfca�ions company(ies). .. -
= 6: In. the event any catho�ic -eYectrolysis or other elec�rical groundfng
system is instal�.ed. in.=connection with the "facility" which, in the opinion of
Burlington, in any way interferes with any train signals, telephone or telegraph
lines, or other facilities of Burlfngton,- Permittee upon being informed by
Burl3ngton of .such inter.ference shall farthwifh . dfscontinue op�eration� of and
remone �said groundiag system, or take such ,5teps. as iasy be necessary to avoid
and eliminate all such'interfereace. Permittee further agrees to indemni€y and
save harmiess Burlington fFom and sgainst- a�y damages, .claims, losses, suits or
expenses .in any manner ��Eising �from .or, growing: out of_ 3nterterence with the
signals, telephone or telegra�sh ].ines of BurltTTgton by the operation, use ar
existence of any such grounding system.
7. Permittee shall and herebp releases and discharges Burlington 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 near Railroad's premises; and.
shall and hereby. assumes anp and all liability for injury to or death of any and
all persons whomsoever, iacluding officers, employees and agents of the parties
hereto, or loss of or damage to .proFerty:_to whomsoever belonging, including
property owned by, leased to or tn 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
fn�ury, death, loss, damage or destruction aforesaid may occur or be caused; and
shall. and hereby does indemnif� and save harmless Burlington of and from .any and
a�l claims, demands, suits, actions, dainages. recoveriea, 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 Burlington 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 a�ainst the Burlington
in any such suit or action. THE LIABILITY ASSUMED BY PERMITTEE SHALL NOT BE
AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE LOSS, nAMAGE, DEATH, OR INJURY
WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCF. OF RURLINGTON, ITS AGENTS,
SERVANTS, EMPLOYEES, OR OTHERWISE, TO TNE FULLEST EXTENT PERMITTED BY APPLICABLE
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LAW; PROVIDED, HOWEVER, THAT PERMITTEE SHALL HAVR NO OBLIGATION TO ASSUME SUCH �
LIABILITY TO THE EXTENT CAUSED BY THE NEGLIGENCE OF BURLINGTON OR ITS EMPLOYEES
OR AGENTS WHERE ASSUMPTION OF SUCH LIABILITY WOULD VIOLATE WASHINGTON LAW (RCW
4.24. 115) , OREGON, IDAHO, OR THE PROVINCE OF BRITISH COLUMBIA LAWS.
8. Permittee shall not transfer or assign this permit without the written
consent of Burlington.
9. Nothing herein contained shall imply or import a covenant on the part
of Burlington for quiet enjoyment.
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10. It is expressly understoo �and agreed that Burlington may at any time '
cancel and terminate this license and permission by giving to Permittee thirty
(30) days' notice in writing qf its intention to cancel the same and at the
expiration of such notice thi license and permission shall terminate. Upon
receipt of such notice and be�ore the expiration thereof, Permittee, under the
supervision and direction of t�e said General Manager, or his authorized repre-
sentative, shall remove the ";'facility" from the ri�ht-of-way of Burlington and I
restore the right-of-way and premises of Burlington in a manner and to such
condition as shall be satisfactory to the said General Manager. If Permittee
shall fail to remove the "facility" and restore the said right-of-way to such
condition within said thirty (30) day period, Burlington at its option may
remove the same and restore the said right-of-way to its previous condition, and
Permittee shall pay TO Burlington the cost and expense thereof.
11. Upon any failure of Permittee to punctually and strictly to observe
and perform the covenants and promises made herein by Permittee to be kept and
performed, Burlington may terminate this Agreement on ten (10) days' notice to
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Permittee, remove the facility , and restore the right-of-way to its previous
condition at the cost and expense of Permittee.
12. In the event of Permittee's removal of the "facility" from
Burlington�s premises, Permittee agrees to terminate said Agreement by notifying
Burlington's General Manager in writing of Permittee�s removal of "facility" and
termination of said Agreement within thirty (30) days from date of removal of
said "facility" from Burlington's premises.Any notices given under the
provisions of this Agreement shall be good 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. Any notice given under the provisions of this Agreement shall be good
if deposited with the United States Postal Service addressed to Permittee at
Permittee's post office address above stated or as otherwise directed by
Permittee.
14. The license and permission herein granted is subject to permits,
leases and licenses, if any, heretofore �ranted by Burlington affecting the
premises upon which said "facility" is located.
15. The license and permission herein granted is subject to permits,
leases and licenses, if any, heretofore granted by Burlington affecting the
premises upon which said "facility" is located.
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.
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ADDENDUM TO BURLINGTON NORTHERN RAILROAD COMPANY
PERMIT N0. PX92-16189 DATED November 2, 1992
The Permittee or his contractor(s) shall procure and maintain in full force
and effect during the construction period and all future maintenance or
reconstruction periods, which require the use of heavv machinery or excavation
of soil upon BURLINGTON's RiRht-of-way or within FIFTY (50) FEET of
BURLINGTON's tracks the following insurance: (1) Commercial General Liability
(including contractual liability) against all claims arising out of bodily
injury, illnes�� and death and from dama.ge to or destruction of our property ar
to property of others, including loss or use thereof, and including liability of
Burlington, with minimum limi�s, �fr� bodily injury and property damage of
$1,000,000 for each occurrence and ('z) Railroad Protective Liabilitv Insurance
for bodily in�ury and property damage, covering all acts of the Permittee or his
cantractar during construction qf Permit I3nmber PX92-16189, with standard limits
af $.2,OQ.O,OQO per occurrence,� with an aggregate limit of $6,OOO,QQO. The
BURLIN�TON will be the named' insnred on .the Railroad Protective Liability
Po]:icy. . This Policq- and the Ce�rtificate of Insurance for General Liability must
be�-submitted with this Permit! -
TUe. RaiZros� Protective L�abilitq coverage c�ay be provided hy exercising one-of
the_.two fallowing..alternatives:. �
(a� -� Eermfttee or his. contractor(s) purchase� a policy on the open market or
(b) Permittee shall have the option to participate in the Burlin�ton Blanket
Railroad Pro.tect�ve Liabi3ity pregram�try paying, tu.Burlington �in check, prior to
the commeacemeat af� ang-work.or acceas unc�er tlris Permit, the amount of $350.0�
�efe.renc�ng Permtt No. �PX92 t6�18g. • -
Prior 'ta commenceiaent ot----a.ny .work' to h� � performed under this a�reement,
Permittee shall submit to Burlington the ORIGINAL INSURANCE POLICY AS DESCRIBED
IN (A) "ABOVE, WITH the Permit No. PX42-�6189 shown on the declarations paqe.
It. is �understvad that� said insuzance policy shall be so written that no
insurance compa�sty. shall . have any recourse� against Burlington, by. way of
subYogation or otherwise, f_or-any lass covered bv or paid or paya�le under said
policfes.. . -
��-Omeqa Contractors tnc � - ��SIDE�'PR�1la(� �'4 , .
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Contractor S bcontractor
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��P � Box 430 _ �. ���8---95'- �.�__�
Address Address
- ... . k�lJ� 1�tS'1� �'�o�4- Q 53—e o7.3
Duvall . WA 98019 (206) 881-1697 ra.�...,a� WA eQ��r, �
City, State, Zip, Phone Number City,. State, Zip, Phone Number
� = �rank Postle�taite 1 Gordon Waaster ���� �AQT►���
Project Engineer's Name Project Eng neer's Name
If more than one Subcontractor is involved, attach additional information to
this Addendum, together with Insurance required.
NEITHER PERMITTEE, CONTRACTOR, OR ANY SUBCONTRACTOR SHALL BEGIN ANY W�RK ON�
BURLINGTON'S PROPERTY AND/OR RIGHT-OF-WAY UNTIL ALL NECESSARY EVIDENCE OF
INS�IRANCE HAS BEEN FURNISHED AND APPROVEB BY SURLINGTON, AND THE ROADMASTER
NOTIFIED 48 HOURS IN ADVANCE.
Questions or clarifications of insurance requirements mav be directed to:
Ms. Judith Harris ,.. `�
Risk Management Analyst �. � ,
BURLINGTON NORTHERN RAILROAD COMPANY
7 7 7 Ma in S t re e t =.>„�,,:..=
Fort Worth, TX 76102
Phone: 817-878-2374 FAX: 817-878-?_377
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IN WITNESS WHEREOF, Burlington and Permittee have executed this Agreement ;
the day and year first above written. �
BURLINGTON NORTHERN RAILROAD COMPANY
� �. �_
1 .
: � , j%� Title: DIVISION ENGINEER ,
Witnesses in the resence of: , CITY RENTON _
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. � ` ,
; BY� Y � A
(witness) tersen, City Cyerk Ea 1 CTymer ' �'
� �.� � Title: Mayour
tnes�1 C. Anderson, Deputy Clerk
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