HomeMy WebLinkAboutAttachment B - Previous 2013 Story Mill Spur MRL temp lease MONTANA RAIL LINK,INC. (800)241-5676
Montana Rail Link Real Estate Department (406)523-1500
101 International Drive (406)523-1462 fax
Post Office Box 16624 www.montanarail.com
Missoula,Montana
USA 59808
December 23, 2013
City of Bozeman
121 N Rouse
PO Box 1230
Bozeman, MT 59715
RE: Agreement No. 500,539
Dear Permittee:
Enclosed please find City of Bozeman executed Temporary Agreement Covering Advance
Right of Entry & Occupancy for your records. Please let me know if I can be of assistance in the
future.
Sincerely,
Bev Kenfield
Supervisor Real Estate
Real Estate Department
TEMPORARY AGREEMENT COVERING ADVANCE
RIGHT OF ENTRY AND OCCUPANCY NO. 500.539
OF MONTANA RAIL LINK, INC. PROPERTY
REF: 500,539
MONTANA RAIL LINK, INC. whose mailing address is Real Estate Department, PO Box 16624, Missoula, Montana
59808-6624(hereinafter called"Railroad"), hereby grants permission to
CITY OF BOZEMAN
whose mailing address is: 121 N. Rouse
PO BOX 1230
BOZEMAN,MT 59715 hereinafter called"Permittee",
to enter upon its property for the purpose of continued use of a bicvcleloedestrian oath as referenced above as
Lease No. 500.539 at the City of Bozeman, County of Gallatin, State of Montana at 0 Milepost +p 3678, Survey
Station nLg as shown on the plat dated nLA a copy of which is attached hereto as Exhibit "A" and made a part
hereof.
As a material consideration of this Agreement, without which it would not be granted, Permittee agrees, to the fullest
extent provided by law, to release Railroad and to defend, indemnify and hold Railroad harmless from and against
any liability, claim, cost or damage on account of personal injury to or death of any persons whomsoever, or damage
to or destruction of property to whomsoever belonging, without regard to whether it was caused by defective
trackage, equipment, or track structures related to the Permittee's negligent use of the Property. Nothing herein
obligates Permittee to indemnify Railroad for Railroad's solely negligent acts or willful misconduct.
This Agreement shall be and remain in full force and effect for a period of one (1)year from the date of execution of
this Agreement or until a new agreement is entered into by and between the parties hereto covering occupancy of
the property. Railroad reserves the right to cancel this agreement without cause upon ten (10) days' written notice by
Railroad.
If Permittee fails to execute said Agreement then Railroad reserves the right to cancel this Temporary Advance
Right of Entry. However, cancellation thereof shall not operate to release Permittee of any liability assumed and/or
incurred by Permittee hereunder. Failure to execute this agreement within sixty(60) days of the effective date shall
terminate any rights Permittee may have under this agreement. However, such failure shall not operate to relieve
Permittee of any liabilities assumed hereunder.
There is a N/A Dollar( N/A) fee for this Agreement. Permittee shall have a copy of this Agreement at the job site.
INSURANCE COVERAGE must be provided as follows:
Permittee agrees to obtain and to keep in force and effect during the entire term of this Agreement, at Permittee's
own expense, the following insurance coverage:
a. Commercial General Liability Insurance with limits as provided for under Montana Law Section 2-9-
108, MCA.
b. Automobile Liability Insurance with limits as provided for under Montana Law Section 2-9-108,
MCA.
C. Worker's Compensation Insurance for those of its employees who are concerned in any way with
Permittee's performance under this Agreement.
d. Permittee, as an option to the above referenced insurance coverages may provide Railroad with a
letter from Permittee's Risk Management Division, or its respective Insurance Department,
evidencing the necessary insurance coverages satisfactory to Railroad. If Permittee is a qualified
self insurer, Permittee agrees to treat Railroad as an additional insured as if there was insurance
and to be responsible for payment of any self insured retention or deductible.
e. Railroad may require Permittee to obtain a surety bond guaranteeing all or part of the Agreement.
The surety bond shall be issued by a surety licensed to do business in the state where the property
is located and in a form and amount acceptable to Railroad. The surety shall also hold Certificates
of Authority as an Acceptable Surety listed in the US Department of Treasurys Federal Register.
MRL TARE Municipality November 2013 Page 1 of 2
f. Any Party performing any work related to this Agreement shall have a copy of the Agreement at the
designated job site.
Other requirements: All of the above except for Workers Compensation Liability Insurance shall contain
the following endorsements, which shall be indicated on the certificate of insurance:
• The definition of insured contract shall be amended to remove any exclusion or other limitation for
any work being done within 50 feet of railroad property;
• Shall release Railroad as to the payment of any earned premium;
The furnishing of insurance required by this Agreement shall in no way limit or diminish the liability or
responsibility of Permittee as provided under any section of the Agreement. The insurance certificate provided by
Permittee must be satisfactory to the Railroad as to insurance carriers covering the risk.
The parties have executed this Agreement in duplicate this = day of November,
2Q13
MONTANA RAI�_4IN �1C.
By:
Printed Name:
Title:
CITY PF]�OZEM N, t �'
By:
Printed Name:
Title:
MRL TARE Municipality November 2013 Page 2 of 2