HomeMy WebLinkAboutPort Townsend Southern Railroad Company - install and maintain a sixteen inch steel pipe across 100' right of wayi
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ITS AGREE TI made this d. ay of
tion., by and between the PORT TOWN E D BCx THRUM R&lLnOXD COMPA1 4 a corporation,
hereinafter referred to as the "Railroad Company", and CITY PORT T S ,
f a municipal :l corpor<ation., hereinafter called the "Licensee "o
T .Lit. t 3 S :6 .G2 9 j
1. The Railroad Company, in € on ider ,tion of the faithful per-
formanze by she Licensee of all its agreements herein contained, hereby
grants unto the Licensee per i ei on and license to install and maintain
sixteen inch (16 ") steel pipe across the one .h Bred foot (1001) right of
I y and underneath the trades of the Railroad Oo pa ny in Lot t c (2), See-
tion nineteen 119), Townzhip wen - ni ( 291 Forth, Range one (1) West, t, €€
W. U. at station 67 +0 of the Engineer's Stations of the jilroad, %Kanx
k%i track at or ovasenk in Jefferson County, ;Nw„ h.Lr:gton.
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2. Said permission and licenseea are so granted upon the following;
term, condition and limitations, for a breach of any of Ric by the
Licensee, the Railroad Company, if it so elects nmy cancel this contract
and end and detarmi ze any or all rights n retj granted onto the Licensee:
ji goll pipe shall be installed and maim road beneath the
surface of the ground, and, Mere it passes beneath the tracks of the Pail-
road Cos p x , said pipe shall be installed and maintained at an elevation,
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of not lees than 4 foot "below the base of the rails of sack tracks. Said
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pipe shall be a steel pipe and shall not be larger than si, tean inches (161)
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in diameter.
b) Said pipe sball be installedlled and maintained at thO sole
cost and expense of the Licensee- It shall be used only for the purpose
of conducting water.
c) All work of installation, alteration and maintenance of
said pipe %here the`sa:re passes beneath said railroad roadbed and tracks k.
shall be done by the Rui.lroad "of.p,,any, but the licensee shall: and will
repay unto the Railroad Company all cost' thereof upon the rendition of
proper bills therefor. The 11allroa.d Co {uany m.sy, at its election, before
doing any such work,` require the L ce= see to delDosit xxith the Railroad
Company the est'imate'd cost thereof; and if the actual cost shall prove `
to be more or less than such estizated cost, the difference shall be re-
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funded by the Railroad 'Company or pai;i by the Licensee, as the case
may be.
If the Railroad Company shall deem it necessary to protect of
support said track, or any thereof, -While Such work is being done, it
shal.X prtwide such P- Ottytion and s-o ort, and, at the conclusion of
such work, remove the sa?, :e and restore such track or tracks to its or
their' former condition of ease'^, lness and safety; and all cost of such
work shall ''be deemed 'a pant of the cost of installation, alteration or
p maintenance, as the case may be', of such pipe, and repaid unto the
j Railroad Company as hereinbefore provided.
d) The Licensee shall not enter upon the railroad premises for 4.
the purpose of installing, altering, renewing, repairing, or removing
said pipe raithout first notifying the Superintendent having supervision
premises rhich said pipe is so to betovertheRailroadCompany's t
installed and Maintained. All of the cork Hereby authorized shall be
done and performed rxith care, skill, and diligence and to the entire sat--
isfaction of such Superintendent or of such representative as he maye
Q designate." The licensee shall not do anything upon the Railroad Cam,
e pany's premises %hick %ill interfere with or impair any Im rotements or
facilities now maintained or vdilch may hereafter be construct'eti,installed' '
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or maintained, upon said railroad premises, by said Railroad Company or pur-
suant to its authority, or which will obstruct or endanger the safety of
railroad operations; and the Licenses shall and will, at all times, in carry-
ing on any work upon said railroad premises hereby authorized, strictly con-
form to all directions and requirements of such Superintendent and his
representative; and the licensee shall and will at the conclusion of such
111'work, restore the surf-ace of said railroad premises to a condition satisfac-
Itory to such Superintendent and his said representative.
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e) The Licensee shall at all. times maintain the portion of said
pipe which it hereby agrees to =aintain, in such state of repair that the
ssaid railroad roadbed and roadbeds,, trac,1c and tracks, and other improvements
I or facilities, and the operation of said railroad, will be in no way obstruct-
led, impaired or rendered dangerous, If at any time it shall reasonably
appear to the Railroad Company that said pipe, or any part thereof, is
liable to impair any of said improvements, or interfere with or endanger said
railroad operations, the Railroad Company may notify the Licensee in writing
to make such repairs as rill prevent such interference and obviate such
i . danger; and upon receipt of such notice, the Licensee shall and will immedi-
ately make the necessary repairs, In the event the Licensee shall fail to
make such repairs promptly the Railroad Company, if it so elects, May, in
addition to any other remedial right or right of redress which it may have,
make the same with its own forces and means-, Provided, that in any case of
emergency, of which the Railroad Company shall "be the sole judge, the Railroad 1,
ECompany may make such repairs 'without notice. If for any reason the Railroad1
Company shall make such repairs, the Licensee shall and will, upon the present-
o -0 proper bills therefor, repay unto the Railroad Company all cost
thereof ,
The Licensee shall and will pay and bear all C'ssessments
taxes or imposts uhatsoever 'Which may be assessed or levied against, or on
account of, sail pipe and the use thereof, and it shall and will wholly
indemnify and save harmlesz the Railroad Company and its property from and
against any and all lions and claims on account of such assessment or taxes*
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9) The Railroad Company shall have full right, notwithstanding
this grant, to raise or lower the grade of all or any part of said rail-
road right of way across, upe,sn rr under 1,thich said pipe is installed, to
maintain all tracks or other imprOvements now on said right of way, and
to construct and maintain additional roadbeds, tracks, buildings or other
railroad facilities, telegraph ,,telephona, transmission, distribution
feed, trolley or other line or lines, buildings or railroad facilities
whatsoever, upon said right of way over and across said pipe, and to cha:agk'
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re-locate and add to such improvements or facilities, whether now or here-i
pur- after constructed, and to use said railroad premises for all lawful I
poses; it being understood and agreed that the rights of the Railroad
Company in or to the use of the said right of tray are, and at all times
shall be superior to any rights or privileges hereby granted unto the
iLicensee, And in the event such changes or alterations, or additions, or
new construction, or any thereof, shall require the removal of said pipe,
or any changes in, or additions to, or changes in the location of said
pipe, or any part thereof, the Licensee shall and hereby agrees that it
will, at its sole cost, and -within ten days after written notice from the
Railroad Company of its proposed changes, additions, or new constructicn,
remove said pipe, or make such changes in, or additions to, or changes in
the location of said pipe as may be necessary to conform to the changes,
alterations or new construction of the Railroad Company. If the Licensee
shall fail so to do, the Railroad Company may, if it so elects, in addi-
tion to any other remedy which it may have, remove said pipe, or make such'
changes or alterations in, additions to, or changes in the location of,
such pipe,,asare necessary to the carrying out of its proposed changes,
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alterations, additions or new construction, with its own forces and means;j
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and'the Licensee shall and will, upon presentation of proper bills there- I
for, repay unto the railroad Company all cost of such -work. , If such pipe
shall be altered, changed or re-located, as herein provided, all the pro-
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visions herecf shall thereafter apply to said pipe in its changed or
altered condition and location, In the event said pipe, or any thereof,
shall be removed, as herein provided, this contract shall terminate forth-
with with respect to the pipe so removed.
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h) The Licensee assumes all risk of injury to its agents
and employes, including injuries resulting in death, and to its prop-
erty, and to the property of any of such agents or employes, while
upon said railroad promises pursuant to, or as the result of,,.any
authority or privilege hereby granted, whether resulting from rail-
road operations or otherwise. It further hereby assumes all
liability for or on account of personal injuries; including injuries
resulting in.death, to any person whomsoever, and all liability for
or on account of injuries to property, to whomsoever belonging, in
any manner caused,or conirilbuted'to Vy the installation, maintenance,,
condition, use or presence of such pipe upon said Railroad Company's
premises, or which would not have been sustained but for the presence
of such pipe upon such promises.
The liconsoo shall, and hereby agrees that it will, at all
times, save and keep the Railroad Company free, cloarand harmless
from any and all claims and costs resulting from any injury, the risk
of which, or liability for which, the licensee has so . assumed. And
in caso tho.Railroad Company shall suffor or be hold liable for any
loss, damage or costs whatsoever, on account of any injury, the risk
of, or liability for which is assumed by tho Liconsec, as heroinbeforo
provided, including any injury from leak:aago from such pipe, the Licen-
see shall, and horeby stipulates that it will, reimburse the Rail-
road Company to the full amount of the loss or dmnago which the Rail-
road Company may have so sustained, and amount or -amounts for which
the Railroad Company may have been so hold liable, including all costs,
Tho foregoing stipulations for assumption of risk, liability
and indomaity shall be applicable regardless of negligence upon the
part of the Railroad, Company, and of its ^gonts or employes, causing
or contributing to such loss, injury, damage or liability. Nothing
in paragraph (h) hereof shall be construed as creating P. right of re-
covery in favor of any third party -which would not otherwise exists
31 The option to forfeit and determine this agreement,
and any or all rights and privileges hereby conferred, for any
breach of the conditions hereof`, shell not be considered as an
exclusive remedy, but the Railroad Company shall be entitled to
any remedial right or right of redress, at law or in equity, for
any such breach, or threatened breach, " as it xau:ld have been en-
titled to had no right of forfeiture been reserved,. And the
failure of the wAilrcad Company to assert any Fight of forfeiture,
or remedial right or right`` of redress, for any `breach by the
Licensee of any duty or obligation imposed upon said licensee by
the terms hereof, shall not be deemed a vca,iver of such duty or
obligation, but the Railroad Company may assort such right of for-
feiture or other remedial right or right of redress for any future
breach, or threatened breach, of such or any other duty or obliga-
tion herein contained. Neither shall any termination of this
contract, or the rights and privileges hereby granted, be construed
as releasing the Licensee from any assumption of risk or liability
or any obligation of indemnity, %ith respect to any matter occur-
ring prior to such termination and the restoration of the said
railroad premises as herein provided.
4. is hereby stipulated and agreed that, in the event
of the abandonment by the licensee of said pipe , the rights herein
granted to said licensee shall thereupon cease and determine.
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jure of the Licensee to do and perform such irk as abOVO pro-
vided, the Ballroad Company may do the same and 'ohs -ScOnses shall
of, such pipe so reanved by the Railzoad company, however caused.
60 Cost", for Sa vurpose of this agre=nt, shall
be all assignable costs Plas ten per cent 10%) on all labor itess
ad fifteen pGW 360 (15%) on all material items to over elements
of expense not capdble of exact ascortalaments and shall OWN a
reasonable amount for engineering and superintendence.
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7. it is understood an& agreed that the provisions herein,
providing for the assamption of Anka,by the Licensee and for indemnity of
the Bailroad Comqan7 by the hicensee, shall apply not on1W to the Railroad
Kopany but also to any of the Milroaa Company's lessees or licensees using
is track; awl any nwof 9) be given to the Railroad Wonoany, as herein-
before provid,eds shall, in the event said track is 'rein operated by a
Lessee of the Railroad Company, be given to such Lessee.
S. The grants and obligations of either par tg hereby made or
Create? shB11 extend to mW be binding apon the awaoesSor or SU00098Drs
in interest of such party: and the benefits hereof inlzrinj:tg, in faVor of
either party KAI inure in favor of the sqoosssor oy soccessors in Interest
of SuBh party as well; Providedv hovern that the hicenzee shall not
assign this agreement or any interest therein, or a right to use said pipe,
or any right or privilege hereby grantea unto it, without the written con-
sent of the Railroad Gompany.
IN WITESS WHEAGY, the parties hereto have ceased these presents
to he duly ezeanted. DONE In duplivate origina1v the day and year first
herein writtan.
GIT TIMSEXID -SQUM-1 3MNT R4MROALID QUOATY,
ATTESP
AWKSM
CITY OF ?OTT TOVRSMQ
15M
resident