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HomeMy WebLinkAbout1986-063 Southern Pacific TransportationCITY OF ASHLAND CITY HALL ASHLAND, OREGON 97520 teleDhone (code 503) 482-3211 NOTICE OF TRANSMITTAL To: Mr. 3.K. Youn~ Date : Division Ensineer Project: Southern Pacific Transp. Co. Job No.: Rm. 251-N Union Station Subject: 800 N.W. Sixth Ave. Portland, 0R 97209 12-15-86 Walker Ave. Crossing C-427.9 Agreement THE FOLLOWING ITEMS ARE BEING SENT TO YOU: One Copy of the recorded agreement dated October 21, 1986 pertaining to the improvement of the Walker Ave. crossing. ENCLOSED UNDER SEPARATE COVER REMARKS COPIES TO: A1 Alsing, Nan Frankl. i~/ Department of Public Works Engineering Division By: J.H. 01son Title: Asst. City Engr. Approved ss to form by Gcnc~a! Co,,~el THIS AGREEMENT, made this by. and between Southern · i:orporation (Licensor), and (Licensee), address: WITNESSETH: JKY/nlg IIill.-17-86 REL~!!S C-429 . 69-X / (N) 17th . ~y of Pacific Transportation Company City of Ashland City Hall Ashland, OR. 97520 November Slit 1 of 3 REV. 10-84 , 19 86, subject to the terms of this agreement, a Licensor hereby grants to Licensee the fight to construct, reconstruct, maintain and operate, 12" PVC ~ storm drain within a 16" casing Grant of Rights: or near Ashland ~nd State of 0 r ego n Shasta Oregon bivision drawing the location shown on the attached print. I 1-13-86. , County Of (h~,ein called "structure"), Jackson no. L-5955-A, dated This grant is subject and subordinate to ti~e prior and continuing ri~t of Licensor, its successors and assigns, to use all of its property in the conduct of its business, Licensor reserving full rights, consistent with the rights herein granted, to construct, recon- struct, maintain and operate existing and additional transportation, communication, pipeline and power facilities upon, over and be. neath its premises. 2. Identifying Markers: Markers in form and size satisfactory to Licensor shall be installed and constantly maintained by Licensee at Licensor's property lines or such locations as Licensor shall designate and shall be relocated or removed by Licensee upon request of Licensor. The absence of markers does not constitute a warranty by Licensor that there are no subsurface install- ations. Two hundred 'seventy-five dollars ($275.00) 3. Costs: Licensee shall pay Licensor/~Itl~ff, p. XD~ltd~C~~ partially to defray the cost of han- dling. Licensee shall bear the entire cost of constructing, reconstructing, maintaining and operating said structure on Licensor's premises. Licensee shall reimburse Licensor for all cost and expense to Licensor in furnishing any materials or performing any labor in connection with such work, including, but not limited to, installation of falsework and other protection beneath or along Licen- sor's tracks, and furnishing such watchmen, flagmen and inspectors as Licensor deems necessary. 4. Construction and Maintenance: Said structure shall be constructed, reconstructed and maintained in accordance with plans approved by Licensor. Approval by Licensor sh,ll not constitute a warranty by l.icensor that such plans conform with federal, state and/or local codes and regulations applicable thereto. All work upon or in connection with said structure shall be done to Licensor's satisfaction at such times and in such manner as not to interfere with Licensor's operations. In the construc- tion, reconstruction and maintenance of said structure, Licensee shall keep Licensor's premises in a neat and safe condition, fail- ing which Licensor may do so at Licensee's expense. If required by Licensor in its use of Licensor's premises, Licensee shall re- construct, relocate or alter said :ructure. Except in emergmcies. Licensee shall give Licensor five (5) days' written notice of the day and hour it proposes to do v work on said structure. LicenSee shall cooperate with Licensor in making any tests it requires of any installation or condition which in its judgment may have iadverse effect on any of the facilities of Licensor. All costs incurred by the tests, or any corrections thereafter, shall be borne by ~icensee. CS-3400 SHT 2 of 3 REV. 1-85 sNo change shall be made by Licensee in the commodity being conveyed through said structure without Licensor's prior writ- ten approval. :5. Indemnification: Licensee agrees to release, defend and indemnify Licensor from and against all liability, cost and expense (including, but not limited to, attorney fees and costs and judgments) for loss of or damage to any property and for in- juries to or death of any persons (including the property and employees of the parties hereto) caused wholly or partially by (a) the construction, presence, maintenance, use or removal of said structure or (b) the unauthorized use of any patented devices on said structure or (c) breach of any provision of this contract by Licensee, whether or not contributed to by the maintenance or operation of Licensor's line of railroad or any act or omission, actively or passively negligent or otherwise, of an employee of Licensor. Licensee expressly assumes ail risk of damage to said structure or appurtenances from any cause whatsoever. The term "Licensor" as used in this section shall include the successors, assigns and affiliated companies of Licensor, and any other railroad company operating upon Licensor's tracks. 6. Condemnation: In the event all or any portion of Licensor's premises shall be condemned or taken for public use, Licensee shall receive compensation only for the taking and damaging of said structure. Any compensation or damages for taking said premises or Licensee's interest therein, shall be assigned to Licensor. 7. Termination: This agreement shall terminate: (a) upon abandonment of said structure or discontinuance of the use thereof; or (b) upon failure of Licensee to correct any default hereunder promptly after receipt of notice from Licensor; or (c) upon thirty (30) days' written notice by Licensor to Licensee; or (d) upon thirty (30) days' written notice by Licensee to Licensor. Upon termination of this agreement, Licensee shall remove said structure and restore the premises to Licensor's satisfac- tion, failing which Licensor may arrange to do so at Licensee's expense. 8. Environmental Protection: Licensee shall, at its expense, comply with all applicable laws, regulations, rules and orders regardless of when they become or became effective, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal, and waste and air quality, and furnish satisfactory evidence of such compliance upon request of Licensor. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or arise from the premises covered hereunder as a result of Licensee's use, presence, operations or exercise of the rights granted hereunder, Licensee shall, at its ex- pense, be obligated to clean all property affected thereby, whether owned or controlled by Licensor or any third persons to the satisfaction of Licensor (insofar as the property owned or controlled by Licensor is concerned) and any governmental body hav- ing jurisdiction in the matter. Licensor may, at its option, clean Licensor's premises; if Licensor elects to do so, Licensee shall pay Licensor the cost of such cleanup promptly upon the reciept of a bill therefor. Licensee agrees to investigate, release, indemnify CS-3400 SI'IT 3 of 3 REV. 10-84 and defend Licensor from and against all liability, cost and expense (including, without limitation, any ribes, penalties, judgments, litigation costs and attorney fees) incurred by Licensor as a result of Licensee's breach of this section;, or as a result of any such discharge, leakage, spillage, emission or pollution, regardless of whether such liability, cost or expense arises during tile time this agreement is in effect or thereafter, unless such liability, cost or expense is proximately caused solely and exclusively by the ac- tive negligence of Licensor, its officers, agents or employees. 9. Contractors: No work on Licensor's premises shall be commenced 'by any contractor for Licensee untilsuch con- tractor has entered into Licensor's standard Contractor's Right of Entry covering such work. ; 10. Non-assignability: eon~nt. This agreement is not assignable, in whole or in part, by Licensee without Licensor's prior written . I I. Liens: Licensee shall pay in full all persons who perform labor on ~aid.premises for Licensee, and will not suffer any mechanics' or materialmen's liens to be enforced against Licensor's premises for work done or materials furnished at Licensee's in~tance or request. If any such liens are filed thereon, Licensee agrees to remove the same at Licensee's own cost and expense and to pay any judgment which may be entered thereon or thereunder. Should the Licensee fail, neglect or refuse so to do, Licensor ~hall have the right to pay any amount required to release any suchlien or liens, or to defend any action brought thereon, and to pay any judgment entered therein, and the Licensee shall be liable to the Licensor for all costs, damages, and reasonable attorney fees, and any amounts expended in defending any proceedings or in the payment of any said liens or any judgment obtained there- .... for. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. 20. - Said structure shall be installed in accordance With minimum requirements of drawing No. CS-1741, attached, and form No. CE-41708 SH. 1, attached, and made a part hereof. Southern Paci_fic T~a~sportation Company UC£NSOR LICENSe-) < <~ ~.~ iii t~ J~ by Gcncra[ Counsel b~rch 5, 1984 THIS AGREEMEb by. and betwccn S o u 1 a i:orporation (Licensor), (Licensee), address: WITNESSETH: JKY/nlg III 11--17-86 ,: -X I November ompany ". SI-IT 1 of 3 REV. 10-84 · 19 86, 1. Grant of Righ subject to the terms of thi: _ . , ,~ ~ ght to construct, reconstruct, maintain and operate, storm drain within a 16" casing at or near Ashland and State of Oregon -- Shasta Oregon bivision drawing no. 11-13-86 · in the location shown on the attached print. · ., County (her~in called "structure"), Jackson L-5955-A, dated This grant is subject and subordinate to the prior and continuing right of Licensor, its successors and assigns, to use all of its property in fl~e conduct of its business, Licensor reserving full rights, consistent with the rights herein granted, to construct, recon- struct, maintain and operate existing and additional transportation, communication, pipeline and power facilities upon, over and be. neath its premises. : 2. Identifying Markers: Markers in form and size satisfactory to Licensor shall be installed and constantly maintained by Licensee at Licensor's property lines or such locations as Licensor shall designate and shall be relocated or removed by Licensee upon request of Licensor. The absence of markers does not constitute a warranty by Licensor that there are no subsurface install- ations. ' '~ro hundred 'seventy-five dollars ($275.00) 3. Costs: Licensee shall pay Licensor ~EI~d~x~=XI~IIIiI~iX~Xi:XIIR) partially to defray the cost of han- dling. Licensee shall bear the entire cost of constructing, reconstructing, maintaining and operating said structure on Licensor's premises. Licensee shall reimburse Licensor for all cost and expense to Licensor in furnishing any materials or performing any labor in connection with such work, including, but not limited to, installation of falsework and other protection beneath or along Licen- sor's tracks', and furnishing such watchmen, flagmen and inspectors as Licensor deems necessary. 4. Construction and Maintenance: Said structure shall be constructed, reconstructed and maintained in accordance with plans approved by Licensor. Approval by Licensor sh,ll not constitute a warranty by l.icensor that such plans con.%rm witk federal, state and/or local codes and regulations applicable thereto. All work upon or in connection with said structure shall be done to Licensor's satisfaction at such times and in such manner as not to interfere with Licensor's operations. In the construc- tion, reconstruction and maintenance of said structure, Licensee shall keep Licensor's premises in a neat and safe condition, fail- ing which Licensor may do so at Licensee's expense. If required by Licensor in its use or' Licensor's premises, Licensee shall re- construct, relocate or alter said :ructure. Except in emerg:ncies. Licensee shall give Lice,~sor five ($) days' written notice of the day and hour it proposes to do ~t work on said structure. LicenSee shall cooperate with Licensor in making an), tests it requires of any installation or condition which in its judgment may have iadverse effect on any of the f~cilities of Licensor. All costs incurred by the tests, or any corrections thereafter, shall be borne by Licensee. CS-3400 SHT 2 of 3 REV. 1-85 .No change shall be made by Licensee in the commodity being conveyed through said structure without Licensor's prior writ- ten approval. 5. Indemnification: Licensee agrees to release, defend and indemnify Licensor from and against all liability, cost and expense (including, but not limited to, attorney fees and costs and judgments) for loss of or damage to any property and for in- juries to or death of any persons (including the property and employees of the parties hereto) caused wholly or partially by (a) the construction, presence, maintenance, use or removal of said structure or (b) the unauthorized use of any patented devices on said structure or (c) breach of any provision of this contract by Licensee, whether or not contributed to by the maintenance or operation of Licensor's line of railroad or any act or omission, actively or passively negligent or otherwise, of an employee of Licensor. Licensee expressly assumes all risk of damage to said structure or appurtenances from any cause whatsoever. The term "Licensor" as used in this section shall include the successors, assigns and affiliated companies of Licensor, and any other railroad company operating upon Licensor's tracks. 6. Condemnation: In the event all or any portion of Licensor's premises shall be condemned or taken for 'public use, Licensee shall receive compensation only for the taking and damaging of said structure. Any compensation or damages for taking said premises or Licensee's interest therein, shall be assigned .to Licensor. " 7. Termination: This agreement shall terminate: (a) upon abandonment of said structure or discontinuance of the use thereof; or (b) upon failure of Licensee to correct any default hereunder promptly after receipt of notice from Licensor; or (c) upon thirty (30) days' written notice by Licensor to Licensee; or (d) upon thirty (30) days' written notice by Licensee to Licensor. Upon termination of this agreement, Licensee shall remove said structure and restore the premises to Licensor's satisfac- tion, failing which Licensor may arrange to do so at Licensee's expense. 8. Environmental Protection: Licensee shall, at its expense, comply with all applicable laws, regulations, rules and orders regardless of when they become or became effective, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal, and waste and air quality, and furnish satisfactory evidence of such compliance upon request of Licensor. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or arise from the premises covered hereunder as a result of Licensee's use, presence, operations or exercise of the rights granted hereunder, Licensee shall, at its ex- pense, be obligated to clean all property affected thereby, whether owned or controlled by Licensor or any third persons to the satisfaction of Licensor (insofar as the property owned or controlled by Licensor is concerned) and any governmental body hav- ing jurisdiction in the matter. Licensor may, at its option, clean Licensor's premises; if Licensor elects to do so, Licensee shall pay Licensor the cost of such cleanup promptly upon the reciept of a bill therefor. Licensee agrees to investigate, release, indemnify ~HT 3 of 3 REV. 10-84 and defend Licensor from and against all liability, cost and expense (including, without limitation, any fi'ne$, penalties, judgments, litigation costs and attorney fees) incurred by Licensor as a result of Licensee's breach of this scction;, or as a result of any such discharge, leakage, spillage, emission or pollution, regardless of whether such liability, cost or expense arises during the time this agreement is in effect or thereafter, unless such, liability, cost or expense is proximately caused solely and exclusively by the ac- tive negligence of Licensor, its officers, agents or employees. 9. Contractors: No work on Licensor's premises shall be commenced 'by any contractor for Licensee until such con- tractor has entered into Licensor's standard Contractor's Right of Entry covering such work. ~ 10. Non-assignabiiity: ~-onsent. This agreement is not assignable, in whole or in part, by Licensee without Licensor's prior written -. 1 I. Liens: Licensee shall pay in full all persons who perform labor on said.premises for Licensee, and will not suffer any mechanics* or materialmen's liens to be enforced against Licensor's premises for work done or materials furnished at Licensee's instance or request. If any such liens are filed thereon, Licensee agrees to remove the same at Licensee's own cost and expense and to pay' any judgment which may be entered thereon or thereunder. Should the Licensee fail, neglect or refuse so to do, Licensor shall have the right to pay any amount required to release any suchlien or liens, or to defend any action brought thereon, and to pay any' judgment entered therein, and the Licensee shall be liable' to the Licensor for all coats, damages, and reasonable attorney fees, and any amounts expended in defending any proceedings or in the payment of any said liens or any judgment obtained there- .'''- roi'. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate tl~e day and year first herein written. 20. - Said structure shall be installed in accordance W'ith minimum requirements o·f drawing No. CS-1741, attached, and form No, CE-41708 SH. 1, attached, and made a part hereof. ' Southern Paci_fic T~spo'~tation Company ,~z zO ~L~J:~ w~ ~. ~. ~ I-u ~ 0 0 0 z 0~ ¥