Water Line Crossing Agreement with 1982 Union Pacific Railroad UndergroundSTEVEN A GOOOSELL
~~'~ERA~ S~uCiTCF
UNION PACIFIC RAILROAD COMPANY
~W DEPORTMENT
~~~~~1
November 22, 1982
City of Meridian, Idaho
728 Meridian Street
Meridian, Idaho 83642
Gentlemen:
Re: Agreement LD No. 25575
CITY OF P'IERIDIAN, IDAHO
Underground Water Line Crossing
Near Meridian, Idaho (MP 456.56)
406 West r;rst South
00 Box 2459
Si,LT LAKE CITY, UTAH 84110
!801) 363-1454
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,
Steven A. Goodsell
Underground Water Line Crossing
Near Meridian, Idaho (MP 456.56)
LD No. 25575
Audit No.
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
UNION PACIFIC RAILROAD COMPANY
rat 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 18-~ day of ~,to~,Pr ,
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 Oc~]~ 19 82
Attest: CITY RIDIAN, IDAHO
~~2~ BY
ana L. Ni Clerk eph L. G aisyer Mayor
DUPLICATE
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OREGON SHORT LI~ti'E RAILROAD COMPANY
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Boise Cut-Off
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of underground water line crossing.
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Office of District Real Estate Dir.
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~• Y-i~ v ~ - ~ Salt Lake City
Utah Aug. 9
1982
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~=~- a ~ ~•_ *LEGEND*
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~ a ~,,~ ~ Q U.G. Water Line X-ing shown YELLOW
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Drawing No. A-4468 D
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&ection 2. CONS
The Pi
andjor reconstru
Common Standard
as may be modifi
fication conflfc
law or regulatio
respects the Spe
All wo
newel, modificat
the Licensor.
Prior
tsnance, repair,
Line where it pa
shall submit to
including the sh
and shall not pr
of the Licensor.
as it may deem n
tion, maintenanc
the Pipe Line, a
to the Licensor,
expense incurred
assignable costs
ascertainment.
The Li
and the grade ev
EXHIBIT B
NCTION MAINTENANCE AND OPERATION.
~ Line shal be constructed, operated, maintained, repaired, renewe3, modified
.ed by.the Licensee in strict conformity with Union Pacific Railroad Co.
~ecification 1029 adopted November 1949, as subsequently amended, except
l and approved by the Licensor's Chief Engineer. In the event such Speci-
~ in any respect with the zequirenents of any federal, state or municipal
such requirements shall govern on all points of conflict, but in all other
.fication shall apply.
performed in connection with the construction, maintenance, repair, re-
~n or reconstruction of the Pipe Line shall be done to the satisfaction of
~ the commencement of any work in connection with the construction, main-
enewal, modifications relocation, reconstruction or removal of the Pipe
es underneath the roadbed and track or tracks of the Licensor, the Licensee
.e Licensor plans setting out the method and manner of handling the work,
•inq and cribbing, if any, required to protect the Licensor's operations,
:eed with the work until such plans have been approved by the Chief Engineer
The Licensor shall have the right, if it so elects, to provide such support
:essary for the safety of its track or tracks during the time of construc-
repair, renewal, imdification, relocation, reconstruction or removal of
'~, in the event the Licensor provides such support, the Licensee shall pay
ithin fifteen (15) days after bills shall have been rendered therefor, all
y the Licensor in connection therewith, which expense shall include all
plus ten percent (l0Y) to cover elements of expense not capable of exact
nsee shall keep and maintain the soil over the Pipe Line thoroughly compacted
,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 MATERIAL! TAXES.
The Licensee-shall fully pay for atl 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 indemnify
and hold harmless the Licensor against and from any and all liens, claims, demands, costs
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 t;hat-
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,
'onsent
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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, zeconstruo-
lion, 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
ouch 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 on account of injury to the Pipe Line from any cause whatsoever.
Section 8. TERMINATION ON NONUSER OR DEFAULT.
If a Licensee oes 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 waiver 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 othe raise, without such consent in wzitinq,
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.
'onsent •
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