HomeMy WebLinkAbout229,301 Burlington Northern Agreement ' Pipeline F i i. 46 PAGE�7
all No. 229,301
THIS AGREEMENT, made this 16th day of August 1978 between
BURLINGTON NORTHERN INC., a Delaware corporation,hereinafter called "Railroad,"and CITY OF BOZEU M,
whose post office address is P.O. BoX 640, Hozeman, Montana 59715,
hereinafter called "Permittee."
WITNESSETH:
Railroad, for and in consideration of the fee herein provided to be paid to it by Permittee and of the covenants and
promises hereinafter made to be observed and performed by Permittee,does hereby grant to Permittee license and permission
to excavate for, construct, maintain and operate a 12-inch ductile iron water line,
hereinafter referred to as the "facility," upon, along or across the right of way of Railroad, underneath the surface thereof,
and under the tracks of its railroad, as the case may be, at or near Bozeman Station, in the County of
Gallatin State of Montana to be located as follows,to-wit:
At survey station 7466 plus 65 Mile Post 141 plus 2165 feet -�
as shown by dashed red line on the plat hereto attached,marked
Exhibit "A",dated July 12, 1978, and by this reference thereto made a part hereof.
Permittee in consideration of such license and permission hereby covenants and promises as follows:
1. Permittee will pay in advance to Railroad for this permit the sum of One Hundred Seventy--Five Dollars
($175.00) for the first ten (10) year period and One Hundred Dollars ($100.00) for
each subsequent ten years that this agreement remains in effect,
also all taxes and assessments that may be levied or assessed against said facility. Railroad reserves the right to change the said
charge at any time while this permit remains in effect upon thirty (30) days"written notice.This provision for payment shall
in no way restrict Railroad's right of termination under Paragraph 9 hereof.
2. Permittee, at Permittee's sole cost and expense, shall excavate for, construct, reconstruct, maintain and repair the
facility placing the same in accordance with the specifications provided in application dated June 20, 1978,
heretofore approved by the Railroad's Regional Manager Engineering.
r i r 48 FACE 2554
the right at any time when in his judgment it becomes necessary or advisable,to require any material used in the work to be
replaced with like material or with material of a more permanent character; also to require additional work or change of
location of said facility as a matter of safety,or of appearance, or on account of additional tracks being laid,change of grade
thereof, construction of a building, or for any other reason whether or not connected with the operation, maintenance, or
improvement of the railway of Railroad, all of which shall be clone at the expense of Permittee in the manner herein
provided.
3. Permittee shall give to the said Superintendent at least two (2) days' advance notice of any work to be done by
Permittee in the excavation, construction, any reconstruction, maintenance, repair, change of location or removal of the
facility, and shall conduct such work in such manner as not to interfere with the maintenance and operation of the railway of
Railroad.
4. In the event that Railroad, at the request of Permittee or any agent or contractor of Permittee,or for the protection
of its property and operations,does any work,furnishes any material or flagging service,or incurs any expense whatsoever
on account of the excavation for,construction,any reconstruction,maintenance,repair,change of location,removal of the
facility or otherwise,Permittee shall reimburse Railroad for the cost thereof within twenty (20) days after bills are rendered
therefor. If the excavation for construction,any reconstruction,maintenance, repair,change of location,or removal of the
facility, requires any or all of the following work: removal and replacement of track,bridging,protection of track or other
railway facilities by work or flagging,engineering and/or supervision,such work is to be performed by Railroad employees
and the cost borne by Permittee.
5. In the event any cathodic electrolysis or other electrical grounding system is installed in connection with the facility
which, in the opinion of Railroad, in any way interferes with any train signals,telephone or telegraph lines, or other facilities
of Railroad, Permittee upon being informed by Railroad of such interference shall forthwith discontinue operation of and
remove said grounding system, or take such steps as may be necessary to avoid and eliminate all such interference, Permittee
further agrees to indemnify and save harmless Railroad from and against any damages, claims, losses, suits or expense; in any
manner arising from or growing out of interference with the signals,telephone or telegraph lines of Railroad by the operation,
use or existence of any such grounding system.
6. Permittee shall and hereby releases and discharges Railroad of and from any and all liability for damage to or
destruction of the said facility, and any other property of Permittee located on or near Railroad's premises; and shall and
hereby assumes any and all liability for injury to or death of any and all persons whomsoever, including officers,employees
and agents of the parties hereto, or loss of or damage to property to whomsoever belonging, including property owned by,
leased to or in the care, custody and control of the parties hereto, in any manner arising from or during the construction,any
reconstruction, use, maintenance, repair or removal of said facility, however such injury, death, loss,damage or destruction
aforesaid may occur or be caused; and shall and hereby does indemnify and save harmless Railroad of and from any and all
claims, demands, suits, actions, damages, recoveries, judgments, costs or expenses arising or growing out of or in connection
with any such injury, death, loss,damage or destruction aforesaid. Permittee further agrees to appear and defend in the name
of Railroad any suits or actions at law brought against it on account of any such personal injuries, death or damage to
property, and to pay and satisfy any final judgment that may be rendered against the Railroad in any such suit or action.The
liability assumed by Permittee herein shall not be affected or diminished by the fact, if it be a fact, that any such suit or
action brought against Railroad may arise out of negligence of Railroad, its officers, agents, servants or employees, or be
contributed to by such negligence.
7. Permittee shall not transfer or assign this permit without the written consent of Railroad.
8. Nothing herein contained shall imply or import a covenant on the part of Railroad for quiet enjoyment,
g_ It is exnressly understood and aareed that Railroad may at anv time cancel and terminate this license and permission
v
F��M 46 PAGE:2555
10. Upon any failure of Permittee punctually and strictly to observe and perform the covenants and promises made
herein by Permittee to be kept and performed, Railroad may terminate this agreement on ten (10) days' notice to Permittee,
remove the facility,and restore the right of way to its previous condition at the cost and expense of Permittee.
11. Any notices given under the provisions of this agreement shall be good if deposited postpaid in a United States post
office addressed to Permittee at Permittee's post office address above stated or as otherwise directed by Permittee.
12. The license and permission herein granted is subject to permits, leases and licenses, if any, heretofore granted by
Railroad affecting the premises upon which said facility is located.
Subject to the foregoing provisions, this agreement and all of the covenants and promises thereof,shall inure to the
benefit of and be binding upon the parties hereto,their respective executors,administrators, successors and assigns.
IN WITNESS WHEREOF, Railroad and Permittee have executed this agreement the day and year first above written.
In Presence of:
BURLINGTON NORTHERN INC.
By
General Manager Leases
CITY OF HOZ)KAN
AY
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erk
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State of Mont., County of Gallatin. ss Filed for record November 2 lt�78
at_—2_20 '--_;M., and recorded in Book 46 of_ MTSCELLANEOUS _page 2553
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BURLINGTON NORTHERN
Room 1018
176 East Filth Street
INDUSTRIAL DEVELOPMENT AND St. Paul, Minnesota 55101
PROPFRTY MANAGEMENT DEPARTMENT I elephone (612) 298-2121
27s . Erna V. iiarding October 24, 1978
Clerk of City Commission
City of Bozeman
P. o. Box 64U
Bozeman, iiontana 59715
Dear -,Is . riarding:
Enclosed for your record is executed duplicate copy of
permit No. 229, 3U1 dated August 16, 1978, covering a
12-inch ductile iron water line at Bozeman, Montana.
Very truly yours,
l
K. P. Wolverton
Lease Representative
1✓nc.
t
Christopher J.Danos
�.,.�.i'VAe Assistant Vice President Montana Ralf Link
Economic Development S Real Estate
2650 Lou 'jr,,Crive Montana Rail Link.Inc.
Fort\North_TX 78131 101 International Drive (406)523-1500
Post Office Box 16390 (406)523-1493 fax
i7-H7-5385 OYr e
tAssoula,h9ontana Y'hWi monlanarail cam
Christophe:Canos,W6KSr=con; USA59Z03
November 23, 2023 Via Certified Mail
602
CITY OF BOZEMAN
PO BOX 1230
BOZEMAN,MT 59771-1230
Re: Agreement 229301 dated effective as of 8/16/1978 (together with any subsequent
supplements or amendments,the "Agreement")between Montana Rail Link,Inc.,
a Montana corporation ("MRL") andCity of Bozeman, regarding certain property
located at or near Bozeman, Gallatin, County,Montana;Notice of Assignment.
To Whom It May Concern:
This letter concerns the Agreement referenced above. In accordance with the Agreement,
MRL hereby notifies City of Bozeman that the land subject to the Agreement has either transferred
or reverted to BNSF Railway Company, a Delaware corporation ("BNSF'). In connection
therewith, MRL has assigned all of its rights, interests, and obligations under the Agreement to
BNSF. BNSF, in turn, has assumed all of MRL's obligations under the Agreement. The
assignment and assumption between MRL and BNSF will become effective on January 1, 2024
(the"Assignment Effective Date"). As of the Assignment Effective Date,BNSF's notice address
is as follows:
BNSF Railway Company
2650 Lou Menk Drive,MOB-2
Fort Worth, Texas 76131
Attn.: CRED
with a copy to: Jones Lang LaSalle Brokerage,Inc.
2650 Lou Menk Drive,MOB-2
Fort Worth, Texas 76131
Attn.: Lease Administration
If you make payments related to the Agreement, please be advised that the invoice for
December 2023 will be sent to you by MRL in November 2023 and should be paid to MRL. The
invoice for January 2024 will be sent you by BNSF's agent, Jones Lang LaSalle Brokerage, Inc.,
in December 2023 and should be paid to BNSF Railway Company.
Thank you for your cooperation.
1 af6
Very truly yours,
BNSF Railway Company,
a Delaware corporation
By: C-G��
Name: Christopher Danos
Title: Assistant Vice President
Montana Rail Link,Inc.,
a Montana corporation
W/1- Z,-,
By:
Name: Joe Racicot
Title: President
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