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HomeMy WebLinkAboutE 09221915 • 61) THIS AGREEMENT Bade this 22nd day of September, 1914, between the COLUMBIA & PUGET scum RAILROAD COMPANY, a Vashington Sr) corporation, party of the first part, and the CITY OF RENTON, a municipal corpomtion,prarty of lee second part, WITNESSETH: That the party of the first part in consideration of the scam of one dollar (0..00 ) as rental for the full term hereof, and the agreements hereinafter contained, to be kept and performedby the party of the second part, hereby permits and authorizes the party of the second, part to lay, nnintain and operate a twelve (12) inch tile pipe for surface crater drainage along and across the party of the first part's right of ray, beginning on the southerly margin of the right of way of the Columbia & Puget Sound Railroad Company's rain line, at a point two hundred and six feet (206 ft. )east of and two hunared and nineteen (219 ) feet north of the intersection of Third Street and Cedar Street, thence north fourteen (14) degrees 0 minutes crest one hundred forty-one (141 ) feet, thence in a northerly di- rection parallel with and fifteen (15) feet east of the westerly margin of the right of way of the Columbia & Puget Sound Railroad Company's Newcastle Branch one hundred seventy (170) feet to the south bank of Cedar River in Renton, King County, tyashington, an is more fully oho <n in red on the blue-print hereto attached r eked pExhibitA" and made a part hereof. The permission hereby granted is subject to the following conditions: 1. The mteriala used in the construction of said tile pipe shall be first-class and of a proper character for the use for which it is intended, and sublet to the approval of the officers of the party of the first part, in all respects. Said tile pipe to be at least two (2) feet below the bottom of the ties, and in such manner as not to interfere with any railway track now or here- after maintained by the party of the first part, or its lessee. 2. All materials necessary and work incident to laying, repairing and maintaining said tile pipe line shall beurnished and carried on by the party of the second part, under the super- vision and subject to the control and to the satisfaction of the party of the first part's Roadmaster. 3. If the party of the second part shall at any time cease to use said right of way for the purpose above mentioned, this contract shall terminate and rio longer bind the party of the first part and the party of the second part shall thereafter have no rights hereunder. 4. If the construction or existence of said tile pipe line shall at any time cause any damage to the party of the first part's tracks or structures, the party of the second part shall forthwith make the necessary repairs under the direction and control and to the satisfaction of said Roadmaster, or, in default thereof, the party of the first part may do aucwork and the party of the second part agrees to pay the expense ereof. 5. If the party of the part shall at any time desire to lay upon its right of way additional tracks, or shall desire to change the grade of its present or any future tracks, the party of the second part will, at i tsown expense make such changes in the grade, construction and location of said tile pipe line as may be desired and directed by said Roadmaster. In such case the party of .the first part may, at its election, do the necessary work and furnish the material therefor and when such work is completed the party of the second part will pay the expense thereof. 6. The party of the second part will so maintain said tile pipe line as not to interfere with, hinder or delay the operation of the party of the first part 's railway, and the party of the second part will pay all damages that may be caused at any time directly or indirectly to the party of the first part, arising wholly or partly from the construction, maintenance or operation of said tile pipe line, either by interference with, hindrance or delays to, the operation of the railway or injury thereto through leakage or breakage of said tile pipe line or otherwise; and the party of the second part will indemnify and hold harmless the party of the first part from all liability, loss or damage of any kind, either from injuries to the party of the first part's property or that of the party of the second. part, or bf others, or to persons , resulting wholly or partly from the construction, main- te-'once andoperation of said tile pipe line. 7. The party of the first part may, upon giving to the party of the second part thirty (30) days' written notice, require said party of the sec and part to change the location of said tile pipe line, to such place as may be designated by said party of the first part; or, said party of the first part may, upon giving thirty (30) days' rtri tten notice, terminate the rights hereby con- ferred to said party of the second part, and in either sucherent the party of the second part will, at its own expense, change the location of or remove said tile pipe line fr em the right of way of the party of the first part, as the case may be, and restore the surface of said right of way to its former state, within said thirty (30) days. 8. The party of the second part , may, upon giving thirty (30) days ' written notice to the party of the first part, remove said tile pipe line from said right of way and agrees upon making -3 4 . such .removal to r °otore the surface of said right of Lay to ito former State, rind thereupon all rights of the; party of the occond part hereunder dhai ceases The work of removing said tile pipe line Shall be under the control and subject to the oupervicion and control of party of the firot part's foadmaeter. 9. The permission hereby granted shall not beaoo igned or transferred without the written consent of thvparty of the firot part. 10, Thin nernit io effective an of Sap to b cr 22nd, 1914. IN VJITIMSS R7,OP %he partioo hereto h^.ve cauood thio instrmmert to be executed by their proper officers thereunto duly . authorized on the day and year firot above written. COLU'JBIA e: PUGET TED RATER©* ' COL ABY, 411 By Signed, Sealed and Delivered s `Par©oldent. In Preraen©n of Attest lgO 41110010 GIZA Air to .ecre terry. CITY OP REI?TOkT, 41111I Its .*ayor. Attoot: C ('s)