HomeMy WebLinkAbout27984 / 76-11.�A, f� ;�' 1910
# �11 RESOLUTION
BE IT RESOLVED by the Common Council of the City of Oshkosh
that the proper City officials are hereby authorized and direct��d
to enter into Pipe Line Crossing Permit No. 21118 with the Soo
Line Railroad Company covering pipe line for storm sewer.
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R/E Form No. 3669 — Revised 8/75 PIPE LINE CROSSING PERMIT NO. 21118
�"C
THIS AGREEMENT, made and entered into as of the 26th day of November , 19 75 , by and betv+een
L1NE RAILROAD COMPANY, pazty of the fust pazt, hereinafter called "Itailroad Company", and
CITY OF OSHi�OSii � WiSCCi1SI:v' , pazty of tne second part, hereinafter called "Licensee",
VESSETH:
1. The Railroad Company grants to the Licensee permission to instail and maintain a R. C. P. C�.a S S II I
pipe linc, not exceeding th1Y'ty—tour (34) inches in diameter, hereinafter called "pipe line", extending upon and across the
Jackson Street o�g��/C.TeH, �� 1
Railroad Company's property and tracks in�`e �$� j�� �
County of Winnebago , at or near Oshkosh , State of Ldisconsin
for a distance of approxirnately 6� feet at Railroad Survey Station 9047+32 , inc luding
two �anholes
in the location indicated in red and in accordance with the details as shown on the map hereto at:ached mazked "exhibii A", and specifications hereto
attached marked "exhibit B", at a depth of not less than 8
said property, to be used by the Licensee exclusively for s tox�t sewer
subject to the conditions hereinafter set forth.
feet beneath the base of the rail in any railroad tracks located on
2. The Licensee shall pay the Railroad Company the sum of $ None per annum billed on a S yeaz basis, payable in advance as rental
for the permission herein granted, and shall assume and pay all taxes and assessments that may be levied or assessed against the pipe line, or against the
Railroad Company's property by reason of the location of the pipe line thereon. While this agreement remains in etfect, the Railroad Company
reserves the right to adjust said rental after the first year upon thirty (30) days written notice prior to the anniversary date of this agreemenf. This
provision for payment shall in no way restrict the Railroad Company's right of termination under Paragraph 11 hereof. Acceptance of any payment
for any five yeaz period, even thaugh a bill has been rendered and payment made thereof, shall not constitute an agreement as to the rate oC pa�+ment
to lx paid during each 5 year period.
3. The Licensee, after fust securing all necessary public authority, shall at the Licensee's sole expense install and thereafter maintain the pipe
line upon and across the Railroad Company's property and underneath any railroad irachs located thereon at the above described location, in a
manner satisfactory to the Railroad Company's Chief Engineer, and in strict conformity with the requirements of all laws, ordinances and orders of
competent public authority now existing and future modifications thereof, so as not to endanget the safety af railroad or othet operations upon said
property and so as not to endanger the safety of the persons or pro�erty neaz or adjacent to the Raikoad Company's property.
4. T'he Licensee shall be responsible for determining the locatior� and existence of any pipes, wires, conduits, sewers, piling or ather
obstructions to the construction of Licensee's pipe line and shali indemnify Railroad Company for any and all liability Por damage to the foregoing
pipes, wires, conduits, sewers, piling or other ubstructions, if any, caused by the constructi�n or maintenance of Licensee's pipe line. The Railroad
Company makes no representation by the granting af this license that its property is free of any such pipes, wires, conduits, sewers, piling or othet
obstructions.
5. The Licensee shall net carry on any work in connection with the installation, maintenance, repair, changing or renewat of` the �ipe line
undemeath or in close proxunity to any railroad track at the above described location before giving the Regional Engineerat least three days written
notice at his headquarters located at SteVeris POirit WiSCOris].it ,
and not until an authorized representative of the Railroa� Company shall be present to supervise same. Upon bills being rendered therefore, the
Licensee shall promptly reimburse the Railroad Company for all expenses incurzed by it in connection with such supervision, including alt labor costs
for flagmen supplied by thc Railroad Company to protect railroad operations, and for the entire cost of the furnishing, installation and later removal
of any temporary supports for said tracks, which sa:c� Chief �'ngin�er cr }:is authorized represeMative may consider necessary while such work is in
progress.
6. The Licensee at the Licensee's sole expense, whenever notified to do so, shall promptly make such repairs to or changes in the pipe line,
including change in location, as said Chief Engineer or his authorized representative shall for any reason consider necessazy and require. The Railroad
Company shall have the right, at its elaction, to make emergency repairs to the pipe line, and in such event the Licensee, upon bills being rendered
therefore, will promptly reimburse the Railroad Company for all expenses incuired in connection therewith.
7. hiaintenance and use of the pipe line upon and across the Railroad Company's property at the above described location, however loag
continued, shall not vest in the Licensee any rights adverse to those of the Railroad Company.
8. The Licensee shall assume all risk of damage to or destruction of the pipe line through any cause whatsoever while located upon and
across the Railroad Company's property, and shall at all times fully indemnify the Railroad Company against all liability, claims, demands, suits,
judgments, cosis and expenses by reason of loss of or dama�e to property and injury to or death of persons whatscever or whomsoever, in any manner
arising from or growing out of, d"uectly or indirectly, wholly or in part, the installation, maintenance, repair, changing, renewal, existence or removal
of the pipe line upon, across or from the Railroad Company's property at the above described location.
9. The waiver by the Railraad Company of a breach by the Licensee of any provision hereof, shall be limited to the act or omission
constituting such breach, and shall not constitute a continuing or permanznt waiver.
10. This agreement or the permission herein granted shall not be assigned or Uansferred by the Licensee in any manner, by operation of law
or othenvise, without the written consent of the Railroad Company. Subject thereto, this agreement shall inure to the benefit of, and be binding
upon, the successors, assigns and legal representatives of the respective parties.
11. This agreement shall continue in effect until terminated by either party upon thirty (30) days' written notice to the othet party. Any
notice given by the Railroad Company hereunder shall be good if deposited in a United States post of�ce, certified mail, addressed to the Licensee at
the Licensee's last known address. When so terminated, the Railroad Company shall make proportionate refund to the Licensee of rental that shall
have been paid in advance after deduction of any amounts payable by the Licensee hereunder.
12. The Licensee at the Licensee's sole expense, within thirty days from the date of service of notice of terminaticn as above provided, shall
take up and remove the pipe line from the Railroad Company's property at the above described location and restore said property to a condition
satisfactory to said Chief Engineer. Failure on tiie pazt of the Licensee to do so shall constitute an abandonment of the pipe line by the Licensee, and
the Railroad Company shall then have the right, at its election, to disconnect the pipe line at the points where it enters and leaves the Raiuoad
Company's property, o: to take up and remove the whole or any part of the pipe line from said property and perform said work of testoration, and in
either event the Licensee, upon a bill being rendered therefore, shall promptly reimburse the Railroad Company for all expenses incuried in
connection therewith, plus fifteen per cent.
13. The Railroad Company shall not be required to assnme any portion of the cost of the construction of said pipe line or future maintenance
thereof.
IN WITNESS WHEREOF, the parties t v caused this agreement to be duly executed, as of the day and year t"ust above written.
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1Yitnesses: r;;_�,�.::.��: ,
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Attest;
i y er
SOO LINE RAILROAD COMPANY
By
Assistant D'uector of Real �state
CITY OF OSHKOSH, WISCONSIN
By
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