HomeMy WebLinkAbout13- Montana Rail Link Temporary Agreement for Right of Entry/ bicycle and pedestrian path MONTANA RAIL LINK,INC. (800)241-5676
Montana Rail Link Real Estate Department (406)523-1500
101 International Drive (406)523-1462 fax
Past Office Box 16624 www.montanarall.com
Missoula„Montana
USA 59808
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December 23, 201,E
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City of Bozeman t
r
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,
I ,
Bev Kenfield
Supervisor Real Estate
Real Estate Department
TEMPORARY AGREEMENT COVERING ADVANCE
RIGHT OF ENTRY AND OCCUPANCY No.
QF MONTANA RAIL LINK, INC. PROPERTY
REF: 500.539
MONTANA RAIL LINK, INC, whose mailing address is Real Estate Department, PO Box 16624, Missoula, Montana
5A808'6G24(hereinafter called''Ba|lroad~). hereby grants permission to
CITY DFBOZEMAN
whose mailing address io� 121N. Rouse
PO BOX 123Q
BOZE88/\N, K8T59715 hereinafter called ^Pemnittee'',
to enter upon its property for the of
Lease No. 500,539 at the City of B1zpW@n�. County of Gallatin, State of Montana at K8iYepmnt_O+JQ78. Survey
Station ILA as shown on the plat dated 1La a copy ofwhich is attached hereto an Exhibit ^'N' and made e pert
hereof.
As a material consideration of this Agreement,without which it would not be granted, Permnitteeagrees' to the fullest
extent provided by law, io release Railroad and to defend, indemnify and hold Railroad harmless from and against
any liability, ciaim, cost or damage on account of personal injury to or death of any persons whomsoever, or damage
to or destruction of property to whomsoever be[onging, without regard to whether it was caused by defective
Lrackage, equipment or track structures related to the Pernmittee`s negligent use of the Property. Nothing herein
obligates Permittee to indemnify Railroad for Railroad's solely negligent acts or willful misconduct,
This Agreement ohaHbe and remain in full force and effect for a period of one (1) year from the date of execution of
this Agreement or until m 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 Penn|0eefeUn to execute said Agreement then Railroad reserves the right to cancel this Temporary Advance
Right of Emtry. However, oanreUmdnn thereof shall not operate to release Permitteeof any liability assumed and/or
incurred byPermittee hereunder. Failure to execute this agreement within sixty(60) days of the effective date shall
terminate any rights permittee may have under this agreement. Hovvwver, such failure shall not operate to relieve
Permitteeof any liabilities assumed hereunder,
There ino fee for this Agreement. Perm ittee shall have a copy of this Agreement at the job site.
INSURANCE COVERAGE must be provided asfollows:
Perm ittee agrees to obtain and to keep in force and effect during the entire term of this Agreement, at Perm ittee's
own expense, the following insurance coverage:
a, Commercial General Liability Insurance with limits as provided for under Montana Law Section 2-O-
1U8. MCA.
b, Automobile Liability Insurance with limits as provided for under Montana Law 5mndon 2-9-108.
MCA.
o� 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 Pernnittee'n Risk Management Oivisiqn, or its respective Insurance 0epartmert,
evidencing the necessary insurance coverages satisfactory to Railroad, If P*nmMtee is a qualified,
self insurer, Perm|ttee agrees tu 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 Permittoeto obtain a surety bond guaranteeing all nr part nf the Agreement.
The bond shall be issued by a surety licensed to do business in the state where the property
is located and in o 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 1cf2
[ g any work related Lo this Agreement shaU have o copy of the Agreement aLthe
designated job site.
Other requinemeoLn� All of the above except fo Workers Compensation Liability Insurance oheU contain
the following endorsements, which shall bm indicated on the certificate ofinsurance:
~ The definition of insured contract shall be amended to remove any exclusion or other limitation for
any work being done within 5U feet of railroad property;
~ Shall release Railroad outo the payment nf any earned premium�
The furnishing of insurance required by this Agreement shall in no vvey limit or diminish the liability or
responsibility of Permidee as provided under any section of the Agreement. The insurance certificate provided by
Perm ittee must be satisfactory to the Railroad 2S to insurance carriers covering the risk.
The parties have executed this Agreement in duplicate this 2M day ofNovember,
MONTANAR:A|
By:
Printed Name:
Tide:
By: df,
4
Title:
MRL TARE 0unk6palky November 2013 Page 2cU2
Go,�,Solli,,an, Ci!,� AtroriwY
City of Bozeman bm Coolmr A-ssislaw Ctrs Atrorno,
J Corn,Ailell,
City Attorney's Office KOa Xhlrrav, Prosectaot
Hcc,tirl v, Pmsecator
Aona,Stn ertid, Prosecutor
Co.
December 10, 201'
Mr. Joe Gentri C 12 2m
Manager, Real Estate Administration
Montana Rail Link
PO Box 16624
Missoula, MT 59808
Re: Story Mill Spur Line
Dear Mr. Gentri:
Enclosed please find a proposed one year lease extension that includes the same substantive
provisions that were agreed upon and in effect between March and September, 2013, pursuant to
the Temporary Ageement Covering Advance that was jointly executed by the City and MRL.
You will notice that I did change the length of the agreement from 6 months to one year and the
City's mailing address. Bozeman City Manager Chris Kukulsi has signed the proposed lease
extension on behalf of the City and the original is enclosed. If you have any questions or
concerns please let me know. Otherwise please secure the appropriate signature and then mail us
a copy of the finalized agreement,
The City and Gallatin Valley Land Trust also remain interested in the possibility of rail-banking
the Story Mill Spur Line. I am proposing a meeting at City Hall in Bozeman on Thursday,
January 9, 2014 at 1:00 p.m. for the purpose of discussing rail-banking. I am sending copies of
this letter to Matt Jones at BNSF, the City's Director of Parks and Recreation Mitch Over-ton,
and Kelly Pohl at GVLT, all of whom have expressed interest in such a meeting. If the proposed
date does not work with your schedule please let me know so we can settle on an alternative
date.
Thank you for your continued attention to this matter.
Sincerely,
CITY ATTORNEYS OFFICE
Ryan D.McCarty
Staff Attorney
cc: Mitch Overton,Matt Jones,Kelly Pohl,Greg Sullivan
StivetAddress., 121 North Rouse Phone: (406)582-2309
Moding Address., P 0. Box 1230 Fax (406)582-2302
Bozentan, Moniana 59771-1230 TDD: (406)582-2301