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HomeMy WebLinkAbout1982 Union Pacific Railroad Company LD No. 25575 UNION PACIFIC RAILROAD COMPANY L.r VE% arEVE`d A GOODSELL — 436 West F rst South ❑ O EiOa 24$9 LAKE CITY, UTAH 84110 i 8011 363-1454 November 22 , 1982 City of Meridian , Idaho 728 Meridian Street Meridian, Idaho 83642 Gentlemen: Re : Agreement LD No. 25575 CITY OF MERIDIAN, IDAHO Underground Water Line Crossing Near Meridian, Idaho (MP 456 . 56) Your fully executed counterpart original of the above agreement is sent you herewith for your records. Before commencing the above work, the person to whom notice is to be given in accordance with the agreement is : Mr. G. F. Hite , UPRR Division Engineer, P . O. Box 790, Pocatello, Idaho 83201 , Phone: (208) 236--5314 or (208) 236-5369 . Very truly yours , r. Steven A. Goodsell Underground Water Line Crossing LD No. 25575 Near Meridian, Idaho (MP 456 .56) Audit No. 1 THIS AGREEMENT, made and entered into as of the 18th day of October , 19 82 , by and between OREGON SHORT LINE RAILROAD COMPANY and its lessee, UNION PACIFIC RAILROAD COMPANY, corporations of the State of Utah (hereinafter collectively the Licensor) , and CITY OF MERIDIAN, IDAHO, a municipal corporation of the State of Idaho (hereinafter the Licensee) , WITNESSETH: NOW THEREFORE, it is mutually agreed by and between the parties as follows: 1. In consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby gives its consent to the Licensee, subject to the terms and conditions herein stated, to construct and thereafter, during the term hereof, to maintain and operate the underground water pipe line (hereinafter the Pipe Line) under the track of the Licensor in the location identified by yellow line, and in conformity with the dimensions and specifications indicated, on the print dated August 9, 1982 , marked Exhibit A, hereto attached. 2 . The consent herein given is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B hereto attached and by this reference incorporated herein. 3 . This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the date first herein written. Witness: OREGON SHORT LINE RAILROAD COMPANY UNTO PACIF C RAILROAD COMPANY By General Manager The foregoing Agreement is accepted upon the terms stated and executed by the Mayor of the City of Meridian, Idaho, and attested by the Clerk, on this "fit day of , 19 82 , pursuant to authority vested in said Mayor by a resolution duly passed and adopted by the City Council of Meridian, Idaho, on the 4th day of October 19 82 Attest: CITY RIDIAN, IDAHO By ` Oa�na �NiClerk ph L. G aisyer Mayor DUPLICATE ORIGINAL- LICENSEE'S COPT R1lo evn M"(n b a � d V Q+ rl L �' Of i7CJ LS Y Q y,7 � •ri .`3 to ,C 4 d O 41 �7 N 61 l+1 V o u ;Q e + U4 e 0 O Ri h! ifI W frnrt, q If ronds S.d�1! ��' _-`!•"•tom==:�:_ -.� _ - I � -ti _�_._ __- '--- - zi -- �^ To �630' to W. Line Sec. 8 T.3 N. , R.1 E. , B.M._ wti ---' ; Exhibit "A" . :., OREGON SHORT LINE RAILROAD COMPANY and Union Pacific Railroad Company Boise Cut-Off M.P. 456. 56 o d Near Meridian, Idaho � o 0 To accompany agreement with CITY a OF MERIDIAN, IDAHO covering an underground water line crossing. of Scale: 1" - 100' : h n ti+ ti c Office of District Real Estate Dir. Salt Lake City, Utah Aug. 9, 1982 * LE GEND * U.G. Water Line X-ing shown YELLOW Railroad R/W outlined RED Drawing No. A-4463 D ���axe'i tleS Q1 �/ r - EXHIBIT B 6ection 2. CONSTRUCTION MAINTENANCE AND OPERATION. The Pipe Line shallbe constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by-the Licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949, as subsequently amended, except as may be modified and approved by the Licensor's Chief Engineer. In the event such Speci- fication conflicts in any respect with the requirements of any federal, state or municipal law or regulation, such requirements shall govern on all points of conflict, but in all other respects the Specification shall apply. All work performed in connection with the construction, maintenance, repair, re- newal, modification or reconstruction of the Pipe Line shall be done to the satisfaction of the Licensor. Prior to the commencement of any work in connection with the construction, main- tenance, repair, renewal, modificationf relocation, reconstruction or removal of the Pipe Line where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Chief Engineer of the Licensor. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construc- tion, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipe Line, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefor, all expense incurred by the Licensor in connection therewith, which expense shall include all assignable costs plus ten percent (10%) to cover elements of expense not capable of exact ascertainment. The Licensee shall keep and maintain the soil over the Pipe Line thoroughly compacted and the grade even with the adjacent surface of the ground. Section 3. NOTICE OF COMMENCEMENT OF WORK. The Licensee shall notify the Licensor at least forty-eight {48) hours in advance of the commencement of any work in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipe Line. All such work shall be prosecuted diligently to completion. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipe Line, including any and all expense which may be incurred by the Licensor in connection therewith for supervision or inspection, or otherwise. Section 5. NO INTERFERENCE WITH LICENSOR'S OPERATION. The Pipe Line an a parts thereof shall a constructed and, at all times, main- tained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 6. CLAIMS AND LIENS FOR LABOR AND MATERIALI TAXES. The Licensee shall fully pay for akl materials and labor performed in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipe Line, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the Licensor's property for any work done or materials fur- nished at the instance or request or on behalf of the Licensee. The Licensee shall costs indemnify _ and hold harmless the Licensor against and from any and all liens demands,, claims, , and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. Section 7. LIABILITY. The Licensee shall indemnify and -hold harmless the Licensor and other companies which use the property of the Licensor, their officers, agents and employes, against and from any and all liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or against and from damage to or loss or destruction of property what- soever (including damage to the roadbed, tracks, equipment or other property of the Licensor and such other companies or property in their care or custody) , when such injury, death, lose, destruction or damage is due to or arises from the bursting of or leaks in the Pipe Line, P4 _ X Consent CMLO Page 1 of 2 2/77 r tO Sait Lake City G or in any other way whatsoever is due to, or arises because of, the existence of the Pipe Line or the construction, operation, maintenance, repair, renewal, modification, reconstruc- tion, relocation or removal of the Pipe Line or any part thereof, or to the contents therein or therefrom (except when caused directly and solely by the negligence of the Licensor and such other companies, their officers, agents or employes) . The Licensee does hereby release the Licensor and such other companies, their officers, agents and employes, from all liability for damages an account of injury to the Pipe Line from any cause whatsoever. Section B. TERMINATION oN NONUSER OR DEFAULT. If the Licensee -does not use the Pipe Line for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith terminate this Agreement. Notice of default and notice of termination may be served upon the Licensee by mailing to the last known address of the Licensee. Section 9. WAIVER OF BREACH. The waver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any subsequent breach thereof. Section 10. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or the consent herein given, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or of the consent herein given, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 11. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 10 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. )nsent fL0 ige 2 of 2 '77 f��o"n IfEs a-)