Loading...
HomeMy WebLinkAbout2003-209 Agrmt - Pacific RR IncRailAmerica® In Reply Refer To: CORP 030929 Parent Company for: CENTRAL OREGON & PACIFIC RAILROAD, INC. 4040 Broadway, Suite 200 San Antonio, TX 78209 November 6, 2003 City of Ashland Electrical Department 20 East Main Ashland, OR 97520 Re: Occupancy License Agreement; Ashland. Oregon Enclosed for your files, please find an original fully executed copy of the Occupancy License Agreement covering the above-referenced location. The City of Ashland will be invoiced every year on or near the anniversary date of the agreement. Please advise us of the billing address we should use for invoicing, if other than the address listed on page one of the agreement. All annual rentals should be made payable to the Central Oregon & Pacific Railroad, Inc. and sent to thc address listed on your invoice. Please advise Mr. Mark Wohlers of the Central Oregon & Pacific Railroad, Inc. at (541) 957-2511 at least 72-hours in advance of railroad property entry and installation in order to comply with safety regulations. If you have any further questions, please feel free to contact me directly at (210) 841-7608. dB Enclosure Sincerely, Dorothy Nicholson Property Management Assistant CCi Mr. Mark Wohlers - CORP Ms. Sherrie Ingle Billings Ranch Golf Group, LLC 4040 Broadway * Suite 200 · San Antonio · TX · 78209 · Tel. 210 · 841-7600 ° Fax 210 ° 841-83t2 Occupancy License NO. CORP 030929 Page I of 3 OCCUPANCY LICENSE AGREEMENT This Agreement (hereinafter "Agreement") made this October 17~ 2003~ by and between CENTRAL OREGON & PACIFIC RAILROAD, INC.~ its successors, assigns or affiliated companies (hereinafter "LICENSOR"), whose address is 333 S.E. MOSHER~ P.O. Box 1083ROSEBURG~ OR 97470, and CITY OF ASHLAND (hereinafter "LICENSEE"), whose address is Electrical Department, 20 East Main, Ashland~ OR 97520 For valuable consideration as outlined herein, thc rcccipt of which is hcrcby acknowledged, LICENSOR hereby conveys to LICENSEE a license (hcrcinaftcr "Occupancy") to opcratu upon, along or across LICENSOR'S propcriy as indicatcd below: A. ( ) above ground ( x ) below ground B. ( x ) power wireline ( ) telephone wireline ( ) cable television wirclinc ( ) fiber optic wircline including necessary appurtenances and other related fixtures, equipment, marker posts or electric power which are in, under, upon, over or across LICENSORS property located at or near Mile Post 429.9 2000'N at or near Ashland, County of Jackson, State of Oregon. Said Occupancy to bc located and described as follows: UNDERGROUND POWER WIRELINE including necessary appurtenances and other related fixtures, equipment, inarker posts or electric power ("LICENSEE'S Facilities"), placed as shown on LICENSEE'S "Exhibit A" attach hereto and made a part hereof. LICENSEE'S Facilities are subordinated to all matters of record. LICENSOR reserves the right to use the area three (3) feet below ground level and to enter LICENSEE'S Facilities for construction and maintenance of LICENSORS property. THE UNDERSIGNED AGREES that the continuation of the Occopancy and use herein shall bc subject to thc following conditions, the dePault upon same could cause LICENSOR, its succcssors or assigns, to terminate this Agrccment and to order the removal of LICENSEE'S Facilities and Occupancy. The conditions arc as follows: Said Agreement and Occupancy is granted contingent upon payment to LICENSOR of a ANNUAUfee of $500.00. LICENSEE shall also submit a one-time agreement processing fee of $600.00, engineering observation fee of $600.00 and a contractor right of entry fee of $600.00, which is covered by a separate agrcement known as CONTRACTOR OCCUPANCY/ACCESS LICENSE AGREEMENT, CORP 030929A. LICENSOR rcscrves the right to adjust the annual fee on each anniversary date of this Agrcement, or at such other times as conditions warrants. Billing or acceptance by LICENSOR of any annual fcc shall not imply a definite term or otherwise restrict either party fi'om canceling this Agrccmcnt as herein provided. 2. In the event that thc usc as set forth above is (1) matcrially changed, (2) tcnninatud or (3) LICENSEE'S Facilities arc removed, this Agreement shall automatically terminate, This Agrecmcnt or Occupancy herein granted may not be transferred, assigned or sublet to another party not signatury hereto withoot the prior written approval of LICENSOR. Said approval by LICENSOR, subject to LICENSEE'S satisfhction of applicable transi'cr of rights or assignment fees in effect at that time, shall not be unreasonably withheld. 4. LICENSOR shall not be responsible for any damage to 1.1CENSEE'S Facilities at any time while this Agreement is in effect. a.) LICENSEE HEREBY AGREES TO INDEMNIFY, SAVE AND HOLD IIARMLESS AND DEFEND LICENSOR, AND RAILAMERICA, INC., THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES FROM ANY AND ALL ACTIONS AT LAW, CLAIMS, DEMANDS, LOSSES, DAMAGES, SUITS, FINES, PENALTIES, BY LICENSEE OR ANY OTiIER PARTY TO RECOVER ACTUAL OR PUNITIVE DAMAGES FOR DEATtl, BODILY INJURY, PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY RESULT DIRECTLY OR INDIRECTLY FROM LICENSEE'S ACTIVITIES HEREUNDER, INCLUDING BUT NOT LIMITED TO THE SUBSEQUENT USE AND OCCUPANCY OF LICENSEE'S FACILITIES BY LICENSEE, ITS PERMITIEES, INVITEES OR ANY OTItER PERSON.b.) THE PARTIES ACKNOWLEDGE THAT THE USE OF LICENSOR'S PREMISES IS FOR THE SOLE CONVENIENCE OF LICENSEE AND THAT LICENSOR SHALL HAVE NO DUTY TO LICENSEE, ITS OFFICERS, Occupancy License no. CORP 030929 Page 2 Iff 3 EMPLOYEES, AGENTS OR CONTRACTORS TO PROVIDE A REASONABLY SAFE PLACE IN WHICH TO WORK, TO PROVIDE ADEQUATE OR SAFE METHODS AND EQUIPMENT FOR THEIR WORK OR TO INSPECT OR MAINTAIN LICENSEE'S FACILITIES FOR SAID SAFE METHODS AND WORK EQUIPMENT NOR TO GIVE ANY WARNINGS OR OTIlER NOTICES TO LICENSEE'S EMPLOYEES OR INV1TEES REGARDING SAFETY EITHER OF IJCENSEE'S FACILITIES AND RELATED WORKPLACE OR LICENSOR'S PROXIMATE RAILROAD OPERATIONS AND THAT ALL SUCH DUTIES SHALL BE ASSUMED BY EICENSEE WHO FURTHER AGREES TO DEFEND AND HOLD HARMLESS LICENSOR FROM ANY AND ALL CLAIMS ALLEGING ANY FAILURE TO PERFORM SAID DUTIES. L1CENSEE shall name LICENSOR, and RAILAMERICA, 1NC., their respective officers, directors and employees, as additional insured lbr all risks, (including, if applicable, fire and explosion duc to LICENSEE'S crossing(s), in an amount not less than Two million and no/100 dollars ($2,000,000.00) per occurrence, Six million and no/100 dollars ($6,000,000.00) aggregate liability and, prior to any construction pr(~iect, a policy of Railroad Protective Liabiliiy Insurance in the amount of Two million and no/100 dollars ($2,000,000.00) per occurrence, Six million and no/100 dollars ($6,000,000.00) aggregate. Each policy shall be endorsed to provide a minimum of 10 days advance notice of cancellation to said additional insured. LICENSEE shall furnish a certified policy of insurance prior to the construction period. Said coverage shall remain in force for thc duration of this Agreement. Provided, however, LICENSOR may require increases in liability coverage to equal or exceed LICENSOR'S own level of liability coverage, having regard for thc circumstances. LICENSOR shall further have the right to approve thc Carricr furnishing such covcragc. Evidcncc satisfactory to LICENSOR'S General Counsel of LICENSEE'S authorized self-insurance program capable of providing for such limits, will be accepted in lieu of a policy from a commercial carrier. This clause shall not serve in any way to limit LICENSEE'S liability to the amounts of insurance required. If required by EICENSOR, LICENSEE at its sole cost and expense, shall, upon completion of thc construction and installation of said LICENSEE'S Facilities, furnish LICENSOR with a survey drawing, showing the final exact location of said Occupancy as constructed. The survey drawing shall indicatc LICENSOR'S survcy valuation station, which said installation is located, and/or thc position of LICENSEE'S Facilities in relation to thc ccntcrlinc of thc track and/or thc ccntcriinc of the closest public street crossing said track(s). Said survey drawing to be attached to this Agreement as Licensee's Exhibit "B" and made a part hereof. LICENSEE'S Facilities shall bc installed to thc satisfaction and approval of LICENSOR'S Engineer and all costs o£ LICENSOR'S Engineer and othur technicians or professional consultants as may be required from timc to time shall be bornc by LICENSEE. LICENSEE hereby agrees to reimburse LICENSOR for any and all expenses LICENSOR may incur or be subjected to, or in consequence of, thc planning, negotiation, installation, construction, location, changing, alteration, relocation, operation or renewal of said Facilities, within thirty (30) days after receipt of LICENSOR'S invoice for payment. 10. In the event LICENSEE shall at any time desire to make changes in the physical or operational characteristics of said Occupancy, LICENSEE shall first secure in writing, thc conscnt and approval of LICENSOR. Ali rcncwals, changes or additional construction atler LICENSEE'S Facilities have initially been constructed, shall bc authorized only after an additiona} CONTRACTOR OCCUPANCY/ACCESS LICENSE AGREEMENT is approved and executed by LICENSOR. LICENSEE agrees that such changes shall be made at EICENSEE'S sole risk, cost and expense and subject to all the terms, covenants conditions and limitation of this Agreement. 11. No other use shall be made by anyone undcr, across, upon and/or over thc Occupancy hcrcin dcscribcd, without obtaining thc prior written permission of LICENSEE, its successors or assigns; except, LICENSOR shall have access as it deems appropriate I¥om time to time, to operate on LICENSOR property. 12. This Agreement shall continue in force indefinitely from and after the date hercof, subject, however, to the right of either party to terminate this Agrcemcnt as to thc Occupancy or LICENSEE'S Facilities, or any part of LICENSEE'S Facilities, at any time, upon giving thc other parity thirty (30) days' noticc in writing of its desire to terminate this Agreement, and indicating in said notice the extent of said facilities and l~acilities to which such termination shall apply~ When this Agreement shall be terminated as to LICENSEE'S Facilities, or as to any part thereof, EICENSEE within thirty (30) days' after thc expiration of thc time stated in said termination notice, agrccs at LICENSEE'S own risk and expense to remove LICENSEE'S Facilities from the property of LICENSOR, or such portion thereof as LICENSOR shall require removed, and to restore EICENSOR premises and property to a neat and safe condition, and if LICENSEE shall fail to do so within Occupancy License No. CORP 030929 Page 3 of 3 said time, L1CENSOR shall have thc right, but not the duty, to remove and restore the same, at the risk and expense of LICENSEE. Said restoration shall include, but not be limited to, any and all harm, damage or injury done to LICENSOR'S property and/or to any other public or private property by acts or occurrences subject to Federal, State or local environmental enforcement or regulatory jurisdiction, and shall include necessary and appropriate testing and cleanup. Nothing herein contained shall bc construed as conferring any property right on LICENSEE. 13. Upon termination of this Agreement and Occupancy for any reason, all structures and aherations shall be removed from LICENSOR'S property and said property shall be returned to a physically and environmentally whole condition to the satisfaction of E1CENSOR'S designated Officer or Representative, all at thc sole cost and expense of LICENSEE. LICENSOR may, at LICENSOR'S sole discretion, during thc removal of LICENSEE'S Facilities, require LICENSEE to conduct an environmental appraisal and report of the property formerly occupied by LICENSEE'S Facilities, All reports shall be prepared by a L1CENSOR approved enviromncntal consultant, to determine if EICENSOR'S properl~ has been environmentally impacted by said Occupancy. All environmental reports, which are prepared subject to this clause, shall be immediately available to LICENSOR by LICENSEE. This clause shall survive termination of this Agreement. 14. LICENSEE agrees that any installation, maintenance, renewing or removal provisions referenced in this Agreement, covers only the requirements and/or specifications of installation, maintenance, renewing or removal. Any said reference shall not be construed as LICENSOR'S permission or authority for LICENSEE to enter LICENSOR'S property without first obtaining a CONTRACTOR OCCUPANCY/ACCESS LICENSE AGREEMENT from LICENSOR, and Ihlfilling the requirements contained therein. 15. Execution of this Agreement shall supersede and/or cancel , as of thc date first above written, any and all previous agreements, if any, related to the Occupancy and use herein described, which may exist between thc parties or their predecessors. THIS AGREEMENT IS hereby declared to be binding upon the parties hereto. 1N~ WITNF~S WHEREOF, the undersigned have hereunto set their hand and seals this ~'~ day of WITNESS LICENSOR CENTRAL OREGON & PACIFIC RAILROAD, INC. by: Todd Cecil its: Vice President ~---~/) WITNESS LICENSEE /~ ~ /~ CITY OF ASHLAND SHERRIE INGLE I I' COMMISSION NO. 343512 ~MY COMMISSION EXPIRES APR. 13, 2005 Donna From: Sent: To: Cc: Subject: Garvin, Mark (HESR) [Mark. Garvin@RailAmerica.com] Friday, October 17, 2003 2:37 PM donna.killingsworth@imgonline.net Gan/in, Mark (HESR); Wohlers, Mark (CORP) RE: Fax received from: 541 608 3841 CORP 030929 I have review the application for the underground electric wireline crossing located 2,000' north of MP429.9 on the CORP. I have no objection to this wireline crossing. Please have RailP~lerica real estate send a copy of the permit to the CORP when one is issued. The applicant will be responsible for all inspection fees. Mark Garvin RailAmerica Engineering ..... Original Message ..... From: Donna [mailto:donna.killingsworth@imgonline.net] Sent: Friday, October 17, 2003 1:31 PM To: Garvin, Mark (HESR) Subject: FW: Fax received from : 541 608 3841 CORP 030929 HI Mark Please see the attached revise fax for CORP 030902. They have revised it to show the min depth of bury to be 5'6". Also, I would appreciate it if you could review this application as they called today to let us know that construction is being held up waiting on our ok for this installation and they are in danger of losing their funding if they don't get this installation done sometime next week. Thanks Donna ..... Original Message ..... From: 5416083841@fax [mailto:5416083841@fax] Sent: Friday, October 17, 2003 12:33 PM To: donna@ruionline.net; tom@ruionline.net Subject: Fax received from : 541 608 3841 Fax received from : 541 608 3841 Internal message Id : 2900DSE1 Received : 10/17/03 12:32:50 PM Number of pages : 3 Duration : 100 Is] Incoming mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.525 / Virus Database: 322 - Release Date: 10/9/2003 Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.525 / Virus Database: 322 - Release Date: 10/9/2003 Incoming mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com) . Version: 6.0.525 / Virus Database: 322 - Release Date: 10/9/2003 Oct 1V O~ 09:21a Mika P~ru 541-G0~-3841 p. 1 TO: BILLINGS RANCH GROUP LLC 2406 SUN OAKS DR. MEDFORD, OREGON 97504 FACSIMILE TRANSMITTAL SHEET Donna Kglingsworth Mike Peru GOLF Interstate Mng. Group 10/17/03 904-264-1561 3 City of AsbJand Railroad peru-& [] URGENT [] FOR REVIEW ~ PLEASE CObIMENT [] PLEASE REPLY IqOTES/COMMENT$: [] PLEASE RECYCLE VOICE (541) 608-2845 FAX (541) 608-5841 ct 17 03 OS:Elm Mike Peru 541 -808-3841 STATE MANAGEMENT GROUP, INC~ "Rail ProperO~ MarEagement" APPLICATION FOR WIRE OR CABLE LINE CROSSING OR pARALLELISM OF ?ROPERTIES AND TR~CK Telephonc Name o£Applicant: City of Ashla~nd Number: 541-488-5357 20 E. M~!n St. Fax Number: Mailing Address: 5/11-552-2436 Ashland, OR 97520 Preferred Courier: Ovrmigh~ Deliver7 Address: · 'X '~ n EmailAddress: Ele~trl~a_ Deoartment ~ ohnsons~ash!and, br. us UPS Fed Ex I Number: Number: 2684-7566-4 ' 2406 Sun Oaks Dr. ,Medford, OR 97504 State lnco."porated: Coq)orate Name: IBillings Ranch Golf Grou~, LLC Ore,on -\pplieation For: (-) (:~ (:~2 (-) ] ( ~ /Select ~l'~n) Overhead Undergronnd Wire Line Crossing Wire Linc' Parallel lo Track Both Wire Line Type: (XT.~ (_) (_) (-) I [-) (Select One) Electric Telephone Fiber Optic Cable TV r Other Proposed Date of Installation: ASAP Descdbe Other Type: ] ' Crossiaz V,/ill Be For: (_) {X20 ( _ ) {Select One) Transm/ssion Distribution Se r,.'ice Railroad Name: I Central Oreaon Pacific P~ai!rogd Neares~ City: As.bland County: State: Ore~oE Fee~S E \V Nearest Railroe-d ~29.9 Quarter, Section, Township and Range: Is Cross:ag Within a Public Road Right-Of-Way? US DOT Railroad Crossing Number: Jackson Distance and direction from / nearest Railroad Mile Post: [ 2000 39SPSE Yes of Road: Tota[ Length of Wire on N/A Ra road Right-Of-Way: Page I of 3 60 feet Pe_~oindicular crossj~ oct 17 03 09:21~ Mike Peru 541-608-3841 p.3 WIRE LINE DATA i SizeandTypeoFWireorCable: I 750 MCM, AL, URD, 3 Phase ' If ?arallelism, Distance of Wire Line Parallel to Railroad Tracks: , AngleofWireCrossingtheTraek: I 90 Degrees/NumberofTraekserossed: II ] Total Length Within Railroad Righl-Of-Way: ] 60 £eet H¢igh~ °£ Wire Abave T°P °f Rail at 60°: t N/A Sag in Spans at 60°: Cycks: 60 Material: AlumJ_r]tlm Number of Electrical Conductors: 4 Conductors: A1 i I Number: Ahemating Current: Direm Current: yes No Maximum Vollag¢: 12/T7© i T:,pc cf Wire Supports: N/A' Size: I Voltage: !247q 7200~ Phase:3 phase AWG Gauge: 750[qC~1 tVoltage: [Number of Phases: '~_ IHertz: 60 Voltage: [ Amperes: [ MaximumCurrem: I 600 I Height of Wire Supports Above Ground Level: Distance from Burl of Polc to Nearest Rail of Main Track: Distance from Bur~ of Pole to Nearest RaH of Side Track: N/a N/A . False Dead Ends: UNDERGROUND WIRELINEDATA Casing \Vail , Thickness: 1/2" mJ_nimtun Nurrbcr of lnnerducts: 4 Base ol'Rail Io Top ff~, Not Beneath 5 FI ,,G Track~: Length of Casing: [ 60 ft OutsideCasingDiameter: 22" m~nimLan I.D. [ Innerductsizes: { 4" ~'*'~'In Roadway 5 Ft ~ Dilches: EXISTING AGREEMENT ls :here an Existing Agreement at this Location With the Railroad Company, which will be effected by this Request? [ kt0Ycs ~)No I lfYes, ListAgreememNumber: eannni-, find a~o'~p~mf~nt nllmbe'o i wdt Line Exclusively Serve Lessee of Railroad? (~ Yes 'i Il' Yes. List Na,ne of Lessee: CONTRACTOR iwi}l Construction be a Contractor other than Applicant? [ by Yes I 0 No I [f'Yes'C°ntracmrwillbe: I Brot::her%on Pipe_line, Inc. ~iling Address' [Mai[ingAddress: ~Oold Hill, OR 97525 Page 2 of 3 ._bh nsons -- fik.qql t¢l,C¥. Lb NTERSTATE MANAGEMENT GROUP, INC. "Rail Property Management" APPLICATION FOR WIRE OR CABLE LINE CROSSING OR PARALLELISM OF PROPERTIES AND TIL&CK Name of Applicant: Mailing Address: City of Ashland 20 E. Main St. Telephone Number: 5;41-488-5357 Fax Number: 541_552_24~6 Ashland, OR 97520 Comact Name: Electrical Department Email Address: Preferred Courier: UPS Fed Ex Number: Number: 268!1-7566-~4 21106 Sur~ Oaks Dr. Overnight Delive~ Address: NedfoPd, OR 97504 Billir~ss State Incorporated: It Coqrorate Name: NaNeh Golf O/?oup~ ~C i Ope~'oN pplicationFor: (-) (~P~ (F2; (-) !(-)1 (Select 'l"~0} Overhead Underground ~Vire Line Crossing Wire Lthe Parallel to Track I Both ,'ire Line Type: (FPI (_) (_) ( _) (_ ) (Select One1 Electric Telephone Fiber Optic Cable TV Other A Prooosed Date of Installation: ASAP Describe Other Type: Crossin~ Will Be For: (Select One) (_) Transmission Disn-ibution Service LOCATION Radroad Name: Central Ore~on Pacific Railroad Nearest City: Ashlelld Nearest Railroad Mile Post: 429. Quarter, Section, Township and Range: Is Crossing Within a Public Road Right-Of-Way? 39SPZE Ye% No(X2K US DOT Railroad Crossing Nnmber: I N/A Jackson State: , Distance and direction from 2000 nearest Rath'oad Mile Post: Feet(~S E W If Yes, Name of Road: ~'Oi[ ' Total Length of Wire on Railroad Right-Of-Way: 60 feet Peroindicula_n crosszlk{ Page i of 3 WIRE LINE DATA SizeandTypeofWireorCable: [ 750 MCM, AL PRO, 3 Phase If Parallelism, Distance of Wire Line Parallel to Railroad Tracks: N/A Angle of Wire Crossing thc Track: I 9o Degrees ] Number of Tracks crossed: ]I Total Length Within Railroad Right-Of-Way: ] 60 foot Height of Wire Above Top of Rail at 60°: I N/A Sag in Spans at 60°: Cycles: 60 Material: Number of Electrical Conductors: Conductors: A1 [ Nnmber: 4 Ahernating Current: ,VOS Direct Current: No ] V°ltage:O~1 Phase:3 phase AWG Gauge: 750MCH Voltage: ]Number of Phases: 3 IHertz: 60 Voltage: I Amperes: ] MaximumCun-ent: ] 600 ~nps I Height of Wire Supports Above Ground Level: Maximum Voltage: I 12470 Maximum Fault to Ground Cun'ent: 2970 amps , . [ T.'pe el x3, re S ports N/A Size: Number of Poles to be Located on Railroad Right-of-Way: Distance from Butt of Pole to Nearest Rail of Main Track: Distance from But~ of Pole to Nearest Rail of Side Track: .N/A [ False Dead Ends: UNDERGROUND WIRE LINE DATA Encasement Material: I Steel Casing Wail [ Thickness: ]' 1/2" miD. J_lTt~,~ Length of Casing: I 60 ft Outside Casing Diameter: 12" rr~r~num I.D. Number oflnnerducts: 4 Innerduct sizes: [ ?' Base of Rail to Top Not Beneath Roadway In R/R Row of Casing: 5 Ft 0 In Tracks: 5 Ft 0 In Ditches: 5 Ft 0 in EXISTING AGREEMENT ls there an Existing Agreement at this Location With the Railroad Company, which will be effected by this Request? ~)Ves I (DNo ] IfYes, List Agreement Number: c~rqqot f~nd ~5~ lrlOrqg mm,bop Will hnc Exclusixely Serve Lessee of Railroad? [ (} Yes If Yes, List Name of Lessee: CONTRACTOR Will Construction be by a Contractor other than Applicant? X(X) Yes I If Yes, Contractor will be: Mailing Address: Mailing Address: Brotherton Pipeline, Inc. 1] S Frontage Rd Gold Hill, OR 97525 Page 2 of 3 S~p 15 03 01:33p Mike Peeu 541-~08~3~41 p.s [~elephone Number: 541-855-7062 Fax Number: 541-855-7284 Contact Name: Jim Brotherton Email Address: bpl~sterband.ne~ Describe in detail the manner and mell~-d~ of inslallation on Railroad property: I~' this application is approved, applicant agrees to reim'uu~s¢ Railroad for any cost incurred by Railroad incident to the installation, maintenance and/or supervision necessitated by the installation. Applicant further agrees to assume all liability for accidents or mjurles that ill]SC as a result of this installation Ph.ls [o~ proposed installalion shall be submiocd to and meet the approval of lbo Railroad Company before construction is begm~ Material and installalion are lo be in strict accordance with specifications of National Electrical Safety Code and AREMA. current edition, and requireoaents of ~he railroad. Mail the applJcatien~ plans and drawings of the proposed project in triplicate: along with a non-reflmdable £ 1,200 (~;~;flCl applicatiDll fe.~and a $6[)0 cng{herring re. view fee] in U S. fi~nds, to: Interstate Management Group, Inc. P.O. Box 24'/5 Orange Park, FL 32067-2475; It is recommended lhal any questions concemiog this application should be submitted b~email to 1MGap.ns ~qghngOnli",' , corrcsp?[mence submitted by email reeei~ve pnoriD response Oth~er requestt~ca~ be/xfiadp b~phon¢ at (904) 264-1560. Ph°ne Nnmber: ] ,541_608_28q$ ] Prlnted ~ame: MSchael R. peyu~/--' - Contact Email Address: [ billin~sranch~eharter.net IMPORTANT NOTE: The following items must be submitted before this application can be processed. Please place a check mark next to each of the following, acknowledging that each item is enclosed: Completed Application ~3 Cooies) ~rawings (3 Cot-)ies) ?EngineeringS_Review Fee Enclosed ($600) Processing Fee Enclosed ($600) - Page 3 of 3 Sep 22 03 08:3Ga Fran Blmnks 1-S41-8S5-7284 p.2 BROTHERTON PIPELINE INC. Main Office · 11 S. Frontage Rd. · P.O. Box 738 · Gold Hill. Oregon 97525 (541) 855-7062 · Fax (541) 855-7284 · CCB 51078 www bplinc.com · e-mail: bpl@starband net