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Home My WebLink About601,294 - City of Bozeman TEMPORARY AGREEMENT COVERING ADVANCE RIGHT OF ENTRY AND OCCUPANCY NO. 601,294 OF MONTANA RAIL LINK, INC. PROPERTY 02BOZEMAN MONTANA RAIL LINK, INC. (hereinafter called "Railroad"), hereby grants permission to the City of Bozeman hereinafter called "Permittee", to enter upon its property for the purpose of a 30" underground waste water pipeline crossing at the City of Bozeman, County of Gallatin, State of Montana at Milepost 140+4523, Survey Station 7437+43 as shown on the plat dated December 10, 2002 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. Nothing herein obligates Permittee to indemnify Railroad for Railroad's negligent acts or willful misconduct. This Agreement shall be and remain in full force and effect until a formal lease, permit or license 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. Permittee acknowledges that as a condition of this Agreement, without which it would not be granted, Permittee shall enter into a formal lease, permit or license within thirty (30) days of presentation to Permittee 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 permit. Permittee shall have a copy of this Agreement at the job site. INSURANCE COVERAGE must be provided as follows: a. Permittee agrees to obtain and to keep in force and effect during the entire term of this Agreement automobile liability insurance to include owned, nonowned and hired automobiles and Commercial General Liability insurance to include the following: Premises and Operations, independent contractors, contractual liability, products and completed operations, personal injury and broad form property damage. The insurance shall be taken out with insurance companies satisfactory to Railroad and for limits of general liability not less than $750,000 per claim and $1,000,000 general aggregate $1,500,000 per occurrence, � , erfrploye .*These policies shall contain a waiver of subrogation in favor of Railroad. if o R9itteeis a qualified self insurer, Permittee agrees to treat Railroad as an additieRal iRSUFed as if there was . Permittee agrees to be responsible for payment of any self-insured retention or deductible. b. Permittee agrees to obtain, to keep in force.and effect, and to pay premiums on worker's.compensation insurance for those of its employees who are concerned in any way with Permittee's performance under this. Agreement. C. Permittee will furnish Railroad with Certificates of Insurance for public liability and worker's compensation coverage in advance of any activity on railroad property. All ef the " N eliand eeFtif Bates, , d. Whenever construction, demolition and/or any other repair operations occur within fifty (50) feet of any railroad track, a separate railroad protective policy, written in the name of Railroad is required with minimum limits of$2,000,000 per occurrence and $6,000,000 aggregate*.The policy must be submitted to the Railroad and approved in advance of any activity on Railroad property. e. 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. f. 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 1/02 form and amount acceptable to Railroad.The surety shall also hold Certificates of Authority as an Acceptable Surety listed in the US Department of Treasury's Federal Register. g. Any party performing any work related to this Agreement shall have a copy of the Agreement at the designated job site. h. 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. *Note: These are the minimum limit requirements of Railroad. Permittee's obligation under this section is not limited to these minimum amounts. Furthermore, these are minimum limit requirements at the date this agreement is executed. Higher limits may be required in the future as reasonably determined from time to time by Railroad for agreements similar in nature to this agreement. The parties have executed this Agreement in duplicate this 15" day of February, 2004 gMA�L LINK, INC. ctor of eal Estate CITY OF BO MAN By Title Ron Brey Acti na City Manager 1/02 NOTIFY SIGNAL SUPERVISOR GARY LOEFFLER. LIVINGSTON \ U.S. SPRINT COMMUNICATIONS COMPANY HAS INSTALLED AN S406 222-4325, AT LEAST 5 WORKING DAYS "ORE UNDERGROUND FIBER OPTIC CABLE ON MONTANA RAIL LINK TARTING WORK ON RAILROAD RIGHT OF WAY. FLAGMAN \\ �O RIGHT T WAY IN THIS AREAS LOCATION B THIS CABLE AT PERMITTE'S EXPENSE MAY BE REQUIRED. \ / - AND AUTHORITY TO CROSS IT MUST BE OBTAINED FROM \ v U.S. SPRINT AT 1-800-521-0579. NOTIFY ROADMASTER BILL CORNISH, HELENA (406) 447-2335, \ AT LEAST 5 WORKING DAYS BEFORE STARTING WORK ON \ RAILROAD RIGHT OF WAY. A FLAGMAN AT PERMITTE'S EXPENSE \ MAY BE REQUIRED. \ (/� NEW UNDERGROUND PIPELINE CROSSING \ ORIG. MAINLINE \ EE PIPELINE DATA A/ o �-TO SANDPOINT \\\ ` STA + \ 40+4 3 - - - -I- - - - - - -- - -+ - - - - - -- - - + - - -+ - -� - - - / u') zl Lu / \ J Z I / / ♦ \\ alp p Co IT I TO HUNTLEY- CO+I z + r-1 O_ IN, \�\ r` Q n C3 / \\ PIPELINE DATA A CARRIER PIPE CASING PIPE PIPELINE DATA B CARRIER PIPE CASING PIPE \ \ \ \i CONTENTS: WASTE WATER CONTENTS: WASTE WATER \ WORKING PRESSURE: 0 PSI WORKING PRESSURE: 0 PSI SEE PIPELINE DATA B \\ INSIDE DIAMETER: 30" 42" INSIDE DI : 42" EXHIBIT `�A" WALL THICKNESS: 1.231" .563„ WALL THICKNESS: 1.231 31" .�,�— PIPE MATERIAL: PVC STEEL PIPE MATERIAL: PVC STEEL _ SPECIFICATION & GRADE: —SDR-26 - SPECIFICATION & GRADE: SUR-26 - TYPE OF JOINT: NONE NONE TYPE OF JOINT: NONE _)LONE COATING: NONE NF-- COATING: NONE NON.ENUMBER VENTS: __ MONTANA C THODICOPROTECTION: NO NUMBER CATHODIC PROTECTION: NO NNOE "WWRA®L LIMK LENGTH ON RIGHT OF WAY: 655' LENGTH ON RIGHT OF WAY: 0' ENGINEERING DEPARTMENT LENGTH OF CASING: 144' LENGTH OF CASING: 70' METHOD OF INSTALLATION: JAC--AND BORE METHOD OF INSTALLATION: JAL AND�OBE PLAT SHOWING UNDERGROUND BURY: BASE OF RAIL TO TOP OF PIPE: 10' BURY: BASE OF RAIL TO TOP OF PIPE: 10' PIPELINE CROSSING BURY: TRACK DITCH TO TOP OF PIPE: NONE BURY: TRACK DITCH TO TOP OF PIPE: NONE_ _ BURY; GROUND TO TOP OF PIPE: 10' BURY; GROUND TO TOP OF PIPE: 10' FOR:THE CITY OF BOZEMAN THE END OF THE CASING IS SEALED 1 THE END OF THE CASING IS SEALED 10' At: BOZEMAN GALLATIN MONTANA CITY COUNTY STATE SECOND 1"=100, JACKING PITS TO BE A MINIMUM OF 30' FROM CENTERLINE SUBDIVISION SCALE OF THE CLOSEST TRACK, MEASURED PERPENDICULAR TO THE TRACK. DECEMBER 10,2002 02-097 DATE FILE Christopher J.Danos gA/[✓YAr Assistant Vice President Montana Fall Link Economic Development&Real Estate 2650 Lou 06ve Montana Rail Link,Inc. Eor 1'';0r-,fi,TX 78,31 101 International Drive (406)523-1500 Ed7� 5 DAY Post Office Box 16390 (406)523-1493 fax,M soma,Montana wrm montanarail cam Chrstoph_r 0an05@_BNSI=corn USA 59-303 November 23, 2023 Via Certified Mail City of Bozeman-Permits PO Box 1230 Bozeman, MT 59771 Re: Agreement 601294 dated effective as of 2/15/2004 (together with any subsequent supplements or amendments, the "Agreement")between Montana Rail Link, Inc., a Montana corporation("MRL") and City of Bozeman-Permits, 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-Permits 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. Very truly yours, BNSF Railway Company, a Delaware corporation J By: � � Name: Christopher Danos Title: Assistant Vice President Montana Rail Link,Inc., a Montana corporation By: Name: Joe Racicot Title:President 200/22