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Home My WebLink AboutE 12301935 Chicago, 'Milwaukee, St. Paul and Pacific Railroad _ _ }].---,A.Scandrett,LINESFWET OF MOBRI GES^ ght, Trustees ' > OFFICE OF PRINCIPAL ASSISTANT ENGINEER E.B.CRANE PRINCIPAL ASSISTANT ENGINEER SEATTLE, WASHINGTON February 5, 1936 Drain Pipe- Renton Mr. J.S . Dobson, City Attorney, Renton, Washington Dear Sir: Referring to your letter of January 20, I am returning the City's copy of agreement with this company covering the drain pipe installed near our substation. Agreement has now been executed by the Railroad Company. Yours truly, JG-k Principal Assistant Engineer. LI) DUPLICATE ORIGINAL g p V) THIS AGRF.Et P, made this 1G' day of rt��PiL , U by and between CHICAGO, 1,11Lt"7UKEE, ST.PAUL AND PACIFIC RAILROAD COMPANY, a Wisconsin corporation, hereinafter called the "Railroad Company", and the c2) CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter called the "Licensee", WITNESSET H: That the parties hereto mutually agree as follows: 1. That the Railroad Com parry hereby grants unto said Licensee cr ‹) permission and license to install, maintain and use a certain drain pipe under- cf� neath and across the right of way, grounds and track of the Railroad Company QcUJ upon the following location: dD Beginning at a point on the east line of Lot Pour- VO teen (14), Block Two (2) Smithers' 5th Addition to the said City of Renton, which point is designated by the letter "A" on Exhibit X attached hereto and made a part hereof, and continuing from said point, as indicated by the red line on said Exhibit, crossing under the sub- station spur of said Railroad Company at Station 2+55 of the engineers' stations of said spur, and continu- ing to point "B", as shown on said Exhibit. 2. Said permission and license are so granted upon and subject to the following terms, conditions and litmitations, for a breach of any of which by the Licensee the Railroad Company may cancel this contract and terminate all rights and privileges hereby granted to the Licensee: (a) Said pipe upon the location described shall be a six inch (6" ) tile laid underground upon the location aforesaid and at a minimum depth of two (2' ) feet below the base of the lowest rail of said substation spur of the Railroad Company. Said pipe shall be used only for the purpose of draining water which accumulates on the street at said location. (b) All necessary authority not hereby granted for the installation and maintenance of said pipe shall be procured by the Licensee without Dost to the Railroad Company and said pipe shall be installed and maintained by and at the sole cost and expense of the Licensee, and neither the Railroad Company nor its property shall be subjected in any way to any expense for the construction or maintenance of said pipe. -1- A (c) All work of installation, alteration and maintenance of said pipe where the same passes beneath said railroad roadbed and tracks 1 shall be done by the Railroad Company, but the Licensee shall and will repay unto the Railroad Company all cost thereof upon the rendition of proper bills therefor. The Railroad Company may, at its election, before doing any such work, require the Licensee to deposit with the Railroad Company the estimated cost thereof; and if the actual cost shall prove to be more or less than such estimated cost , the difference shall be refunded by the Railroad Company or paid by the Licensee, as the case may be. If the Railroad Company shall deem it necessary to protect or sup- port said track, or any thereof, while such -work is being done,it shall pro- vide such protection and support , and, at the conclusion of such work,remove the same and restore such track or tracks to its or their former condition of usefulness and safety; and all cost of such work shall be deemed a part of the cost of installation, alteration or maintenance, as the case may be, of such pipe, and repaid unto the Railroad Company as hereinbefore provided. (d) The Licensee shall not enter upon the railroad premises for the purpose of installing, altering, renewing, repairing, or removing said pipe without first notifying the Superintendent having supervision over the Railroad Company's premises across which said pipe is so to be installed and maintained. Ali of the work hereby authorized shall be done and performed with care, skill and diligence and to the entire sat- isfaction of such Superintendent or of such representative as he may designate. The Licensee shall not do anything upon the Railroad Com- pany's premises which will interfere with or impair any improvements or facilities now maintained or which may hereafter be constructed, installed ! -2- I' or maintained, upon said railroad premises, by said Railroad company or pur- suant to its authority, or which will obstruct or endanger the safety of railroad operations; and the Licensee shall and will , at all times, in carry- ing on any work upon said railroad premises hereby authorized, strictly con- form to all directions and requirements of such Superintendent and his ' representative; and the Iicensee shall and will at the conclusion of such work, restore the surface of said railroad premises to a condition satisfac- tory to such Superintendent and his said representative. (e ) The Licensee shall at all times maintain the portion of said pipe which it hereby agrees to maintain, in such state of repair that the said railroad roadbed and roadbeds, track and tracks, and other improvements or facilities, and the operation of said railroad, will be in no way obstruct- ed, impaired or rendered dangerous. If at any time it shall reasonably appear to the Railroad Company that said pipe, or any part thereof, is liable to impair any of said improvements, or interfere with or endanger said railroad operations, the Railroad Company may notify the Licensee in writing to make such repairs as will prevent such interference and obviate such danger; and upon receipt of such notice, the Licensee shall and will immedi- ately make the necessary repairs. In the event the Licensee shall fail to make such repairs promptly the Railroad Company, if it so elects, May, in addition to any other remedial• right or right of redress which it may have, make the same with its own forces and means; Provided, that in any case of emergency, of which the Railroad Company shall be the sole judge, the Railroad Company may make such repairs without notice, If for any reason the Railroad Company shall make such repairs, the Licensee shall and will; upon the present- ation of proper bills therefor, repay unto the Railroad Company all cost thereof. `f) The Licensee-shall and-w-ia-3-pay-anc ear -H-esoesor en4s, t e -o-r--imposts-whatsoever which-mar-be-zassessed-or-Le'v ed--agai-nstT-er. : " •- - • , := ; - -a _ .- •e3'-e o-f,—a"=z i-i-t-y 3 l and 6,T 4-;hn;i y • . c . ' . - . . o o t it--Ra4 e•ad-Gempany a agates • - - - • - _._. .. _ s. -g- 5. The Railroad Company may revoke this license and the rights and privileges hereby granted at any time upon giving to the Licensee 2/\C days' previous notice in writing of its election so to. do. Upon any termination of this contract and the rights and privileges hereby granted, the Railroad Company may remove such pipe from beneath said roadbed and restore said roadbed, and the Licensee shall and %ill repay unto the Railroad Company all cost of such work: and the Licensee shall and will, at its sole cost and expense, promptly remove such pipe from the remainder , of said railroad premises and restore said premises to as good con- dition as they were in prior to the installation of such pipe by the Licensee. Said work shall be done and performed under the direction and supervision of, and completed to the satisfaction of, the said Superintendent and his representative. In case of the failure of the licensee to do and perform such work as above pro- vided, the Railroad Company may do the same and the Licensee shall and will, upon presentation of proper bills therefor, repay unto the Railroad Company the cost thereof. The Licensee shall, and it does hereby, release the Railroad Company from any and all damages and claims for damages for injury to , destruction or loss of, such pipe so removed by the Railroad Company, however caused. 6. "Jost", for the purpose of this agreement, shall be all assignable costs plus ten per cent (10 ) on all labor items and fifteen per cent (15') on all material items to cover elements of expense not capable of exact ascertainment, and shall include a reasonable amount for engineering and superintendence, -6- 7• Any notice to be given to the Railroad Company by the Licensee as herein provided, shall be sufficiently given and deliv- ered if sealed in an envelope, properly stamped, addressed to the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, White Building, Seattle, Washington, and duly deposited in a United States post office. Any notice to be given to the Licensee by the Railroad Company shall be sufficiently given and delivered if se ed in an envelope, properly stamped, addre`ed to %' ; ' at 6.r A-'IE</ • and duly deposited in a United States post office. 8. The grants and obligations of either party hereby made or created, shall extend to and be binding upon the successor or suc- cessors in interest of such party; and the benefits hereof inuring in favor of either party shall inure in favor of the successor or succes- sors in interest of such party as well; Provided, however, that the Licensee shall not assign this agreement or any interest therein, or any right to use said pipe, or any right or privilege hereby granted unto it, without the written consent of the Railroad, Company, IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed. Done in duplicate originals the day and year first herein written. !' CHICAGO, i.:ILWAUI(EE, ST. PAUL AND PACIFIC BBI liiOAD COMPANY, By Attest: / Vice President. Al ♦ A , 4 4 ' Secretary. CITY OF RENTON By � --- Attest: ' MA OR. f . '4d Citi Clerk. Wim. -7- ..,,,,k...... ,,,,.L1,,, . 4t t t .r , \ .9" , „ . ... . . \ . ' \\.........\-\\: . S11ATTUCK • `4 i I • .3 . 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