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Home My WebLink About1950-022 Mistletoe - Bellview Crossing S,3400 2.50.2M Approved as to Form by General Counsel January 12, 1950 C 4-111 Agurmen#, made this day of , 1950 by and between SOUTHERN PACIFIC COMPANY, a corporation, first party, hereinafter termed "'Licensor," and CITY OF ASMAi , s mu.niaipal corporation, - - address , c/o City Clerk, Ashland, Oregon, - - second party, hereinafter termed "Licensee." WITNESSETH THAT: / Licensor, in consideration of the sum of FIVE a """no / loathe ( Sao 00 ) Dollars, to be paid by Licensee to Licensor, and in further consideration of the faithful performance by Licensee of all the covenants and ffments herein contained, hereby permits Licensee to construct, reconstruct, maintain and operate an undergrade ~ two inch diameter iron pipe - - hereinafter termed "structure," for conveying WATER between A Sh la fitfid structure to be constructed beneath property of Licensor, at a depth specified by Licensor., at or or and Mistletoe Station, County of , and State of O.. ¢ ON , in the location as shown in red on the print attached hereto and made part hereof, and more particularly described as follows, to-wit: Crossing beneath mss int ra ok of Licensor and running in a straight course a distanee of one hundred feet from, ri #.t of way line to right of gray lire of Licensor, and at a depth below base of rails of hieensor as shown on profile appearing on the print hereto att ache d and made s part hereof* - - - - - - This agreement is made upon the following terms and conditions: 1. Licensee hereby acknowledges the title of Licensor in and to the premises described in this agreement and agrees never to assail or resist said title. 2. Licensee and the agents and employees of Licensee shall have the privilege of entry on said premises for the purpose of making necessary repairs to or changes in said structure, and Licensee agrees to at all times keep said premises in a good and safe condition free from waste all to the satisfaction of Licensor. If Licensee fails to keep said premises in a good and safe condition, free from waste, then Licensor may perform the necessary work at the expense of Licensee, which expense Licensee agrees to pay to Licensor upon demand. Licensee agrees that all work upon, or in connection with, said structure shall be done at such times and in such manner as not to interfere in any way whatsoever with the operations of Licensor, and that the location of said struc- ture and all said work shall be done and made under the supervision and to the satisfaction of Licensor. In the event Licensor shall at any time or times require the removal, reconstruction, alteration or changes in the location of said structure, or shall at any time or times construct an additional track or tracks, then Licensee agrees at Licensee's own sole cost and expense, upon receiving written notice from Licensor so to do, to forthwith construct and maintain an additional structure or extend or change said structure or immediately remove, reconstruct, alter or make changes in the location of said structure as may be requested by Licensor and in a manner satisfactory to Licensor. Licensee shall give Licensor five (S) days' written notice prior to the commencement of any work of construction or reconstruction. F 3. Licensee shall not assign or transfer this agreement, in whole or in part, or permit any other person to use the right or privilege hereby given, without the written consent of Licensor first had and obtained. 4. Licensee agrees to reimburse Licensor the cost to Licensor of furnishing any necessary watchmen, flagmen or inspectors and for performing any work, including installing and removing any necessary f alsework beneath the tracks of Licensor, during the installation, maintenance or removal of said structure. 5. In the went Licensee shall discontinue the use of said structure or shall abandon the same, all rights hereby given shall forthwith cease and determine. Should Licensee fail to keep, observe and perform any covenant or condition on Licensee's part herein contained, all rights hereby given shall, at the option of Licensor, forthwith cease and determine. Upon termination of the privileges contained herein or upon termination of this agreement, as hereinafter provided, Licensee shall, at Licensee's own cost and expense, immediately remove said structure and restore said premises as nearly as possible to the same state and condition they were in prior to the con- struction of said structure. Should Licensee in such event fail, neglect or refuse to so remove said structure and so restore said premises, such removal and restoration may be performed by Licensor at the expense of Licensee, which expense Licensee agrees to pay to Licensor on demand. i f, Licensee shall indemnify and save harmless the Licensor, and the successors, assigns and lessor of Licensor, from and against any and all loss, damage, liability, expense, claims and demands, of whatsoever character, direct, indirect or consequential, incluo►`ng injuries to or deaths of any and all persons, damage to property belonging to or in the custody or possession of Licen- sor, or any or all other persons, whether upon the property or right of way of Licensor, or elsewhere, caused directly or indirectly ly the construction, renewal, relocation, use, maintenance, presence or removal of said structure, adjuncts or appurtenances. 7. The Licensee shall assume all risk of damage to said structure and appurtenances and to any other property of said Licensee, or any property under the control or custody of the Licensee, while upon the property or right of way of Licensor, or in proximity thereto, caused by or contributed to in any way by the construction, operation, maintenance or presence of the line or lines of railroad of the Licensor or its or their present or future adjuncts or appurtenances, excepting loss or damage arising from fire caused solely by Licensor's negligence. Licensee does hereby release and agrees to indemnify and save harmless the Licensor from and against any and all liability for injuries or deaths suffered by Licensee or the agents, employees or the repre- sentatives of the Licensee, or any other person or persons while engaged in the construction, maintenance, operation, replacement or removal of said structure and appurtenances, caused by or contributed to in any way by the construction, operation, maintenance or presence of the line or lines of railroad of the Licensor or its or their present or future adjuncts or appurtenances or caused in any other respect whatsoever, except as to liability for injuries or deaths arising from fire caused solely by Licensors negligence. 8. In the event any work upon or in connection with said structure or its appurtenances to be done upon, beneath or adjacent to the tracks and property of Licensor should be let to Contractor by Licensee, such work shall not be begun until such Contractor shall have first entered into an agreement with Licensor, satisfactory to Licensor and indemnifying Licensor from and against all claims, demands, cost, loss, damage and liability, growing out of the performance of the work to be done by such Contractor, and such Contractor shall furnish, at no expense to Licensor, a good and su gicient reliaVe Surety Company bond in such amount as may be specified by Licensor for the faithful performance of all the terms, covenants, conditions and stipulations contained in said agreement to be entered into with Licensor by said Contractor, as here in this paragraph provided; the form of said bond to be satisfactory to Licensor. 9. Licensee will fully pay for all materials joined or affixed to said premises, and pay in full all persons that perform labor upon said premises, and will not permit or suyer any mechanics' liens or materialmen-s liens of any kind or nature to be enforced against said premises for any work done or materials furnished thereon at Licensee's instance or request. 10. In case Licensor shall bring suit to compel performance of, or to recover for breach of, any covenant, agreement or condition herein written, Licensee shall and will pay to Licensor reasonable attorney fees in addition to the amount of judgment and costs. 11. This agreement may be terminated by either party hereto ~y giving thirty (30) days' notice in writing to that effect. 12. Except as otherwise provided herein, the terms and conditions of this agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. C C 4 I ~ f`f ,art ftness 114pred, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. SOUTHERN PACIFIC COMPANY, Description Correct. c By - S%erintendent Division Engineer , WITNESSED BY: (See Note) ( icensee) ~C~.a.-l % A • • } NOTE.-If an incorporated company, agreement should be executed by an authorized officer thereof and its seal Afbxed and attested by its Secretary, othet wise signatures should be witnessed by an employee of Licensor, if practicable; if not, by a disinterested party. y i t DIV N ' DRAWING SHEET NO. \p ? 1 } rv a ~ T N \0 ~ ` 9 ~o • L x I SOUTHERN PACIFIC COMPANY PACIFIC LINES Cv r" _ i..,?. a i.IVV G E't a / , 3,d , / tN 2 J" 14) co Ai C f 4 = Red I CrOS.~ DRAWER