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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 � P � PY license and ermission hereb ranted the sum of FIFTY DOLLARS 50.00 for the p Y 9 � �$ ) 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 � , � . . . � 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 � � � � ' � � � � I 1 I � I I I � I I I f I I I I I I I I I 1 I I I I I I I I I I I DRO 9/15/$7 ( � � � � � I 1 J 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. ' � � , , : . . � ' ' 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 ------------------------------------------------------------------------------- � 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 � � � � � � � � � � � � � � � � � r � � � � � � � � � � � � � � � � � � � � � DRO 9/15/87 � � � I � � � � I �'I i -- -- ---- 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.