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HomeMy WebLinkAboutGEORGIA RAILROAD Augusta Richmond GA DOCUMENT NAME: ~e. \X^'('<-- C\,(OJ.XI~ \(Y\\J'((}JeXY\.em3 DOCUMENT TYPE: rJ.Cj"< eer<\en-:\- YEAR: C\t BOX NUMBER: C) ~ FILE NUMBER: \~\lo f .... NUMBER OF PAGES: ~ AUGUSTA-RICHMOND COUNTY CbMMISSION . LARRY E. SCONYERS Mayor . ROOM 801 MUNICIPAL BLDG. (II) AUGUSTA, GEORGIA 30911 Bus, (706) 821.2488 Fax No, (706) 722-5984 LEE BEARD ULMER BRIDGES JERRY BRlGHAM HENRY H. BRlGHAM WILLIAM 8, KUffi.KE. JR. WM. "WILLIE" H. MAYS, III J, B. POWELL MOSES TODD ROB ZETfERBERG FREDDIE L. HANDY Mayor Pro Tern July 1,.1997 CHARLES R, OLNER, P E, CPA Administrator JAMES B. WALL Attorney Ms. Lena Bonner Clerk, Commission 8th Floor, Municipal Bldg. Augusta, GA 30~ll Reply to: P.O. BOX 2125 Augusta, GA. 30903 RE: Hyde Park Drainage Improvements Agreement between Central of Georgia Railroad Company and Augusta-Richmond County Dear Lena: between County, records I enclose herewith the original of '1:.he executed agreement Central of Georgia Railroad Company and Augusta-Richmond dated May 6, 1997. Please place this in the permanent for Augusta-Richmond County. Thanking you and with best personal regards, I am JBWjsjp truly, Enclosure ...." " ~... ~o.",:... ':,tl 1)1 . , THIS AGREEMENT, made and entered into by and between CENTRAL OF GEORGIA RAILROAD COMPANY, a Georgia corporation, hereinafter styled "Railway'" and ,J ' , . ~rr RICHMOND COUNTY A IT ..-'fV, a Georgia government entity, hereinafter styled "Licensee": WIINESSEIH WHEREAS, in connection with the Hyde/Aragon Park Drainage Improvement Project, Licensee proposes to install and maintain a parallel drainage encroachment along and upon the right of way or property and any tracks of Railway, ator near AUGUSTA, Richmond County, Georgia, beginning at Station 6823+ 19 near Milepost D-129 and continuing in a northerly direction within Railway's right of way a distance of2,528 feet, as shown in hatched lines on Drawing Number TD-97-0001 dated January 16, 1997 attached hereto and made a part hereof (hereinafter called "Facilities"); NOW, THEREFORE, for and in consideration of the covenants hereinafter made, Railway hereby permits and grants Licensee, insofar as Railway has the right to do, without warranty and subject to all encumbrances, covenants and easements towhich Railway's title may be subject, the right to use and to occupy so much of Railway's property as may be necessary for the Facilities, upon the following terms and conditions: 1. Licensee will construct and maintain the Facilities, at its expense, in such a manner as will not interfere with the operations of Railway or endanger persons or property of Railway, and in accordance with (a) plans and specifications (if any) shown on said print(s) and any other specifications prescribed by Railway, (b) applicabl~ governmental regulations or laws, and (c) applicable specifications adopted by the American Railway Engineering Association when not in conflict with plans, specifications or regulations mentioned in (a) and (b) above. 2. Licensee hereby agrees to indemnify and save harmless Railway, its officers, agents and employees, from and against any and all liability, claims, losses, damages, expenses (including attorney's fees) or costs for personal injuries (including death) and/or property damage to whomsoever or whatsoever occurring which arises in any manner from the installation, maintenance, operation, presence or removal or the failure to properly install, maintain, operate or remove the Facilities, unless such losses, damages or injuries shall be caused solely by the negligence of Railway. 3. Licensee assumes all responsibility for any environmental obligations imposed under applicable laws, regulations or ordinances relating to the installation of the Facilities and/or to any contamination of any property, water, air or groundwater arising or resulting from Licensee's permitted operations or uses of Railway's property pursuant to this Agreement. In addition, Licensee shall obtain any _ necessary permits to install the Facilities. Licensee agrees to indemnify and hold harmless Railway from and against any and all liability, fines, penalties, claims, demands, costs (including attorneys' fees), losses or lawsuits brought by any person, company or governmental entity relating to contamination of any property, water, air or groundwater due to the use or presence of the Facilities. It is agreed that this indemnity provision extends to any cleanup costs related to Licensee's activities upon Railway's property and to any costs related to cleanup of the Facilities or to other property caused by the use of the Facilities. ~ t' -;....'r 4. (a) Prior to commencement of installation or maintenance of the Facilities or entry on Railway's property, Licensee or its contractor shall procure and maintain during the course of said installation or maintenance, a policy of general liability insurance, containing products and completed operations and contractual liability coverage, with a combined single limit of not less than $1,000,000 for each occurrence. Licensee or its contractor also shall procure and maintain during the course of said installation, maintenance or entry on Railway's property a Railroad Protective Liability Insurance Policy with Railway as the named insured and having a combined single limit of $2,000,000, each occurrence, and $6,000,000 in the aggregate. The insurance required herein shall be of such form and content as may be acceptable to Railway. Evidence of such insurance (a certificate of insurance for the general liability insurance policy and the original policy of Railroad Protective Liability Insurance) must be furnished to and approved by Railway's Risk Manager, Norfolk Southern Corporation, Three Commercial Place, Norfolk, Virginia 23510-2191, prior to commencement of installation or maintenance of the Facilities or entry on Railway's property. . (b) The insurance required herein shall not limit the liability assumed by the Licensee under this Agreement. (c) In lieu of the insurance requirements above, Licensee may provide to Railway a certificate of self-insurance in such amounts and in such form as are satisfactory to Railway. 5. The details of the Facilities to be installed and maintained shall be at the option of Licensee, and subject to the approval of the chief engineering officer of Railway. In case offailure of Licensee to do the work as herein specified, Railway reserves the right to remove the Facilities from Railway's premises at the expense of Licensee, and to terminate this Agreement upon ten (10) days' written notice. 6. If Railway shall make any changes, alterations in or additions to the line, grade, tracks, structures, roadbed, installations or works of Railway at or near the Facilities, Licensee shall, at its own cost and expense, upon thirty (30) days' notice in writing from Railway, make such changes in the location and character of the Facilities as, in the opinion of the chief engineering officer of Railway, shall be necessary or appropriate to accommodate any construction, improvements, alterations, changes or additions of Railway. 7, Licensee will notify Railway prior!o the installation and placing in service of cathodic protection in order that tests may be conducted on Railway's signal, communications and other electronic systems for possible interference. If the Faciliti~s cause degradation of the signal, communications or other electronic facilities of Railway, Licensee, at its expense, will relocate the cathodic protection and/or modify the Facilities to the satisfaction of Railway so as to eliminate such degradation. Such modifications may include, without limiting the generality of the foregoing, providing additional shielding, reactances or other corrective measures deemed necessary by Railway. This provision' applies to the existing signal, communications and electronic equipment of Railway and to any signal, communications or electronic equipment which Railway may install in the future, 8. If Licensee fails to take any corrective measures requested by Railway in a timely manner or ifan emergency situation is presented which, in the Railway'sjudgment, requires immediate repairs to the facilities, Railway, at Licensee's expense, may undertake such corrective measures or repairs as it deems necessary or desirable. - 2- 0\ , . 'Y ~.~~#,(' 9. Notwithstanding any other provision of this Agreement, it is understood, agreed and covenanted that Licensee accepts this Agreement as a mere license and assumes all risk of damage to its property by reason of its occupation of the premises herein described caused by any defects therein or business conducted thereon, whether caused by the negligence of Railway, its officers, agents or employees, or otherwise, and Licensee hereby indemnifies Railway, its officers, agents, and employees, from and against any such liability for said damage. 10. Railway shall furnish, at the cost of Licensee, labor and materials to support its tracks and to protect its traffic during the installation, maintenance, repair, renewal or removal of the Facilities. 11. It is further agreed between the parties that the premises shall be used by Licensee only for the Facilities and for no other purpose without the written permission of the chief engineering officer of Railway, 12. Licensee shall give Railway seventy-two (72) hours' advance notice (or less in case of emergencies) of any work to be performed 011 the premises of Railway. Licensee agrees to pay any costs incurred by Railway for the purpose of protection and inspection considered necessary by Railway during installation, maintenance, operation, modification, replacement and/or removal ofthe Facilities. 13. Licensee shall not assign this Agreement without the written consent of Railway. 14. The word "Rai lway" as used herein shall include any other company whose property at the aforesaid location may be leased or operated by Railway. Said term also shall include Railway's officers, agents and employees, and any parent company, subsidiary or affiliate of Railway and their officers, agents and employees, . 15. If Licensee shall violate any of its covenants in this Agreement, Railway may terminate the same by serving upon Licensee ten (10) days' written notice of its election so to do; provided, however, that unless this Agreement is terminated as a result of a violation of a covenant of Licensee, as aforesaid, this agreement will remain in full force and effect subject to termination by Railwayupon sixty (60) days' written notice of Railway's electiOll'so to do, only upon the occurrence of anyone or more of the following events: (a) If Licensee shall abandon the use of the Facilities; or (d) If, in the judgment of the Superintendent of Railway, the maintenance or use of the Facilities unduly interferes with the operation and maintenance of the facilities of Railway or with present or future use of said property by Railway, its lessees, affiliates, successors or assigns. - 3 - ~ . . .... " ...-:p-' (; Licensee also shall have the right to terminate this Agreement by serving upon Railway sixty (60) days' written notice of its election so to do. Upon the expiration of the time specified in any notice of termination given hereunder, this Agreement shall terminate, and Licensee will, at its expense, remove the Facilities from the property of Railway and restore said property to the condition existing prior to the construction of the Facilities; or, in defaultthereof, Railway may, in addition to any other legal remedy it may have, remove the Facilities and restore the condition of the property at the expense of Licensee. 16. Licensee agrees that all trees and debris related to construction of the Facilities will be removed to allow proper construction of the side slopes of the concrete ditch and all material placed on the right of way will be in accordance with Railway standards. 17. Licensee further agrees that all disturbed areas will be seeded and mulched in accordance with the State Department of Transportation 's standards and the area will be maintained until a suitable "strand of grass" is produced and growth is assured. 18. This Agreement shall take effect as of the ~y of ~, 19f;L.. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate, each part being an original, as of the ~..itt:Gyof MA .Y , 19~. Witness: CENTRAL OF GEORGIA RAILROAD fo:Y~ By: Tit x RICHMOND COUNTY At9'luOlu{1 ~ ~ /..r Witness: As to Licensee JMV 04/01/97 1011582.wpd plpls.wpd - 4- (} " I.' 0,. I . ,:',~~. .:, .~ '/: t Z :J o U c Z o 2 ~'I U - ri ~ " ,~ 'tt..zt " .~~ ..... G/-r-~Zgf?) ~ . . ,i ..... . ..., ~. : ... , , .. : ....... .. . . - . .---...-, . ...... ~ ...... ..... -. ..... .... ... .., u, -y ..;,.... . . . o . ' '. · , \ ,;r.lJ..-.:.....~._ . . .0 ro ..,v~ -'- .'I-':Z~ ..rt... .~ ~ vow UOJ/ . _. ,I IIJ .; 'II IF : "' I tI. I 'I I , I I ..' 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