HomeMy WebLinkAboutFox River Valley Railroad Corp 1989 C/ fy ( /7y �.
FOX RIVER VALLEY RAILROAD CORPORATION (hereinafter called "Company") hereby licenses
CITY OF OSHKOSH (hereinafter called "Licensee")
to construct, maintain and use a sanitary sewer and water main
(hereinafter called "facility") upon the property and under the track of the Company
at Oshkosh, Wisconsin
in the location and position, and in accordance with the specifications shown on map
.B.
dated August 31, 1989 hereto attached marked Exhibit "A" and, by this reference,
made a part hereof.
The foregoing license is given upon such express terms and conditions as are inserted
below, as well as those contained upon the subsequent printed pages, and should the licensee
at any time violate any of said terms or conditions , or use or attempt to use said facility
for any other or different purpose than that above specified, then the Company may, at its
option, immediately' revoke this license.
The foregoing license is subject to the following conditions:
FIRST. The work of construction and maintenance shall be done and completed in good
and workmanlike manner at the sole expense of the said Licensee. Said work shall be done
in such manner as in no way to interfere with or endanger the use of the property or tracks
of the Company, or the operation thereon of any engines , cars or trains. The Engineering
Department of the Company shall have the right to inspect such work from time to time and
to require such changes to be made as will in it's opinion decrease the hazards incident to
said facility; but any such inspection or required changes or any failure to so inspect, or
to require changes to be made, shall not effect any of the obligations assumed by the said
Licensee hereunder.
SECOND. The said Licensee shall bear the cost of all protection which the Company may
require for its tracks or property during construction and maintenance hereby authorized and
of all repairs, changes , additions or betterments to said Company' s track or property made
necessary on account of same. If in the judgement of the Company it shall be necessary to
provide support for its tracks during the work of construction or maintenance the Company
will provide such support, and the entire cost thereof will be paid by the said Licensee
promptly upon receipt of bill therefor.
1.
THIRD. The Licensee shall pay all taxes, general and special , license fees or o
charges which may become due or which may be " assessed against the premises of the Com
because of the construction, existence, operation or use of said facility, the Licensee, or
.business conducted in connection with said facility, and shall reimburse the Company for
such taxes, license fees or other charge which may be paid by the Company promptly upon
presentation by the Company of bills therefor.
FOURTH. The said Licensee will give to the -Engrg:'Dept. . of the Company at least
days' notice in writing before entering upon the right of way of the Company for construc
purposes, or for the purpose of making necessary repairs. The Company reserves the right
judge of the necessity of repairs to said facility, and to require the Licensee to make
repairs upon ten days ' notice in writing. In such case, said Licensee may enter upon
right of way without the ten days' notice above referred to, and shall proceed forthwitt
make such repairs, and upon failure to do so within ten days, the Company shall have the r-
.
to make said repairs and collect the entire cost thereof from the Licensee. - Ttre Cori
reserves the right, in case in its opinion the safety of its tracks or property demands it,
make emergency repairs without notice to the Licensee and to collect the cost thereof
Licensee as herein provided.
FIFTH. Licensee agrees that in the construction, maintenance, and use of the facil-
it will comply with all applicable laws, including, but not limited to, any laws, standai
regulations, or permit requirements relating to environmental pollution or contamination or
occupational health and safety; and Licensee agrees to indemnify and hold harmless the Corrt
from any and all claims, demands, lawsuit, or liability for loss, fines, damage, injury,
death and all expenses and costs, including attorneys ' fees, resulting from or arising out
the construction, maintenance, or use of the facility, including any discharge or emis5
therefrom or for the violation of any law, standard, regulation, or permit requirement relat
to environmental pollution or contamination, or to occupational health and safe
SIXTH. It is understood by the Licensee that said facility is subject to and
increase the dangers and hazards of the operation of the railroad of the Company, and that t
license is subject to all risks thereof. Therefore, and as a material consideration to
Company for entering into this license and without which the Company will not enter same,
Licensee agrees to assume and pay for all loss or damage to property whatsoever, and injury
or death of any person, or persons whomsoever, including all costs and expenses incic
thereto, however arising from or in connection with existence, construction, maintenar
repair, renewal , reconstruction, operation, use or removal of said facility, or any def
therein or failure thereof, or the failure of the Licensee or members, officers, agents
employees of the Licensee to abide by or comply with any of the -terms or conditions of t
license; and the Licensee forever indemnifies the Company against and agrees to save
harmless from any and all claims , demands, lawsuits or liability for any such loss, dama
injury and death, costs and expense, even though the operation of the Company's railroad
have caused or contributed thereto. Notice to or knowledge by the Company of any act
omission by the Licensee which is or might be a breach by the Licensee of any of the terms
conditions of this Agreement to be performed by the Licensee, and the acquiescense by
Company in or to such act or omission, shall neither be considered to relieve the Licensee
any obligation assumed by it under this paragraph nor be considered to be a waiver or rele
by the Company of any rights granted to it under this paragraph.
SEVENTH. The Company reserves the right to use, occupy and enjoy its tracks, prope
and right of way, for such purpose, in such manner, and at such time as it shall desire,
same as if this instrument had not been executed by it. If any such use shall necessitate
chance, repair, renewal, removal or relocation of said facility, or any part thereof,
Licensee shall perform such work at such time as the Company may approve and if the Licen
fails to do so such work may be performed by the Company at the expense of the Licensee and
said Company shall not be liable to the Licensee on account of any damage growing out of
use which the Company • may make. of its tracks, property and right of w
In case any of the terms or provisions of this license have been performed or carried
prior tot :he actual date of execution hereof, it is understood and agreed that this lice
shall nevertheless be of the same force and effect as though same had been executed by '
parties prior to such performance.
2 .
EIGHTH. The Company shall have the right at any time to revoke this license by
giving thirty days ' notice in writing to the Licensee and at the expiration of the time
limited by said notice upon any other revocation of this license, the Licensee shall prompt
and in the manner directed by the Engineering Department, remove all construction hereby
authorized from the premises of the Company and leave said premises in the same condition i
which they were before L';e installation of the same. Upon default of the Licensee so to do
the Company may remove the same and restore it' s premises , and the Licensee will promptly p,
to the Company the cost of so doing.
NINTH. The waiver of a breach of any of the terms or conditions hereof shall be limited to
the act or acts constituting such breach, and shall never be construed as being a continuin,
or permanent waiver of any such terms or conditions, all of which shall be and remain in fu
force and effect as to future acts or happenings, notwithstanding any such waiver.
TENTH. This license is personal to said Licensee and is not assignable or transferable,
without the written consent of the Company being first obtained.
ELEVENTH. In consideration of the granting of this license, the Licensee shall pay to the
Company a fee of One Hundred and no/100 ($100.00) Dollars for expenses in connection wit'
the preparation and execution of this agreements and shall pay an annual fee of Four hundred
Sixty and No/100 ($460.00) Dollars said sum payable each July 1, beginning /c;qC'
and each year thereafter. The annual fee is subject,to revision at any anniversary
billing date. In further consideration of the granting of this license for the use of it's
property, the Licensee, by the acceptance of this license, agrees that it will indemnify
and save harmless the Company from any special tax or assessment that shall be made or levi
at any time, against the Company, or it's 'property, in connection with or on account of the
construction, maintenance or replacement of the public improvement of which said facility i
a part, provided however, in the event the foregoing .commitment is .for any reason held to b
invalid or unenforceable, then the Licensee, by the acceptance of this license, agrees that
it will pay to the Company as additional compensation for the granting of this license an
amount equal to amount paid by the Company under any special tax or assessment in connectio
with or on account of the construction, maintenance or replacement of the public improvemen
of which said facility is a part.
TWELFTH. Licensee further agrees that there is no benefit to the Company's properties ,
either for railroad use or for any possible use in the future from the construction of the
facility or project of which said facility is a part.
In Witness Whereof this instrument is executed this Ht' day of 1�ct,, c-o- , 191,
ATTEST: FOX RIVER VALLEY RAILROAD CORPORATION
�� By 4ig4
Manager of Structures
Pursuant to authority granted by resolution of the
of the City a/ Ortifrii.1/i , adopted vct s a y,$ q •
The undersigned, the Licensee mentioned in the foregoing license, hereby accepts the
same subject to the terms and conditions therein stated.
CITY OF OSHK"SH
Attest: •
r ) ('e. By (seal )
( I1tle} CITY CLERK Ti e 44,Aditaa 647 ►Il£l..961,--
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