HomeMy WebLinkAbout13- Temporary Right of Entry Agreement with Montana Rail Link for trailTEMPORARY AGREEMENT COVERING ADVANCE
RIGHT OF ENTRY AND OCCUPANCY N0.500,539
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: 411 EAST MAIN STREET
PO BOX 411
BOZEMAN, MT 59715 hereinafter called "Permittee ",
to enter upon its property for the purpose of continued use of a bicycle /pedestrian path as referenced above as
Lease No. 500,539 at the City of Bozeman, County of Gallatin, State of Montana at Milepost 0+3678, Survey
Station n/a as shown on the plat dated n/a 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 six (6) months 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 NIA Dollar ( NIA) 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 Treasury's Federal Register.
MRL TARE Municipality November 2012 Page 1 of 2
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 18th day of March, 2013
MONTANA RAIL LI K, INC
By: J
Printed Name: q�S) iJ � ` ktt'zv'hrt-
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Title: c� C-9c)
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Printed Name: �}'t(.`.c1 S !� u k, � Is h
Title: _ C-Cr V � r anc.+. G Q r
MRL TARE Municipality November 2012 Page 2 of 2