2 inch pipeline
7-36- 2M 8•~~
APPROVED AS TO FORM BY GENERAL SOLICITOR
~}~~7 JUNE 8, 18:16
1V1'J111
Tbi5 21greement, made this 1st day of December 11938
by and between SOUTHERN PACIFIC COMPANY, a corporation, first party, hereinafter termed "Licensor,"
and TIGk~RD MATER DISTRICT,
TIGARD, OR&GON.
1
second party, hereinafter termed "Licensee."
WITNESSETH THAT:
Licensor, in consideration of the sum of Fi4e and N01100# ($5.00# ) Dollars,
to be paid by Licensee to Licensor, and in further consideration of the faithful performance by Licensee of all the
cotenants and agreements herein contained, hereby permits Licensee to construct, reconstruct, maintain and operate
2--s IILc;h underground water pipe crossing-
hereinafter termed "structure," for conveying -VOL'ta - , said structure
to be constructed beneath property of Licensor, at a depth specified by Licensor, at or near
Tigard Station, County of ashi Ton , and
State of O ragon , in the location as shown in red on the blue print map attached hereto
and made part hereof, and more particularly described as follows, to-wit:
From a point in Lioensor's Northeasterly right of way lins to a
?oint in the Southwesterly right of way line, crossing beneath tracks
now or hereafter existirF,, and not less than three (3) feet below base
of ties of s~-.id tracks, Enzineer's Station 215+00.
This agreement is made upon the following terms and conditions:
1. Licensee hereby acknowledges the title of Licensor in and to the premises described in this agreement and
agrees never to assail or resist said title.
2. Licensee and the agents and employees of Licensee shall have the privilege of entry on said premises for the
purpose of making necessary repairs to or changes in said structure, and Licensee agrees to at all times keep said
premises in a good and safe condition free from waste all to the satisfaction of Licensor. If Licensee fails to keep
said premises in a good and safe condition, free from waste, then Licensor may perform the necessary work at the
expense of Licensee, which expense Licensee agrees to pay to Licensor upon demand. Licensee agrees that all work
upon, or in connection with, said structure shall be done at such times and in such manner as not to interfere in any
way whatsoever with the operations of Licensor, and that the location of said structure and all said work shall be
done and made under the supervision and to the satisfaction of Licensor. In the event Licensor shall at any time
or times require the removal, reconstruction, alteration or changes in. the location of said structure, or shall at any
time or times construct an additional track or tracks, then Licensee agrees at Licensee's own sole cost and expense,
upon receiving written notice from Licensor so to do, to forthwith construct and maintain an additional structure
or extend or change said structure or immediately remove, reconstruct, alter or make changes in the location of said
structure as may be requested by Licensor and in a, manner satisfactory to Licensor.
3. Licensee shall not assign or transfer this agreement, in whole or in part, or permit any other person to use
the right or privilege hereby given, without the written consent of Licensor first had and obtained.
In the event Licensee shall discontinue the use of said structure or shall abandon the same, all rights hereby
given shall forthwith cease and determine.
Should Licensee fail to keep, observe and perform any covenant or condition on Licensee's part herein contained,
all rights hereby given shall, at the option of Licensor, forthwith cease and determine. Upon termination of the priv-
ileges contained herein or upon termination of this agreement, as hereinafter provided, Licensee shall, at Licensee's
own cost and expense, immediately remove said structure and restore said premises as nearly as possible to the same
state and condition they were in prior to the construction of said structure. Should Licensee in such event fail
neglect or refuse to so remove said structure and so restore said premises, such removal and restoration may bs per
formed by Licensor at the expense of Licensee, which expense Licensee agrees to pay to Licensor or demand.
FrceP,/*- -/s-(135
1 fG' A-R C7',1d: X' - ~i l y a ti V G d
:5. Licensee shall indemnify and save harmless the Licensor from and against any and all loss, damage.
ibility, expense, claims and demands, of whatsoever character, direct or consequential, including injuries to em-
oyees of Licensor or to third persons, damage to property belonging to or in the custody or possession of Licensor
third persons, whether upon the property or right of way of Licensor, or elsewhere, caused directly or indirectly
ithe construction, renewal, relocation, operation, maintenance, presence or removal of said structure, adjuncts or
rpurtenances.
6. The Licensee shall assume all risk of damage to said structure and appurtenances and to any other property
said Licensee, or any property under the control or custody of the Licensee, while upon the property or right of
iy of Licensor, or in proximity thereto, caused by or contributed to in any way by the construction, operation,
lintenance or presence of the line or lines of railroad of the Licensor or its or their present or future adjuncts or
purtenances, and does hereby release and agrees to indemnify and save harmless the Licensor from and against
y and all liability for injuries suffered by Licensee or the agents or the representatives of the Licensee, or any
4er person or persons while engaged in the construction, maintenance, operation, replacement or removal of said
weture and appurtenances, caused by or contributed to in any way by the construction, operation, maintenance
presence of the line or lines of railroad of the Licensor or its or their present or future adjuncts or appurtenances
caused in any other respect whatsoever.
i. In the event any work upon or in connection with said structure or its appurtenances to be done upon,
neath or adjacent to the tracks and property of Licensor should be let to Contractor by Licensee, such work shall
t be begun until, such Contractor shall have first entered into an agreement with Licensor, satisfactory to Licensor
A indemnifying Licensor from and against all claims, demands, cost, loss, damage and liability, growing out
'the performance of the work, to be done by such Contractor, and such, Contractor shall furnish, at no expense to
censor, a good and sufficient reliable Surety Company bond in such amount as may be specified by Licensor for
faithful performance of all the terms, covenants, conditions and stipulations contained in said agreement to be
tered into with Licensor by said Contractor, as here in this paragraph provided; the form of said bond to be
lisfactory to Licensor.
Licensee will fully pay for all materials joined or affixed to said premises, and pay in full all persons that
rform labor upon said premises, and will not permit or suffer any mechanics' liens or materialmen's liens of any
rid or nature to be enforced against said premises for any work done or materials furnished thereon at Licensee's
rtance or request.
9. In case Licensor shall bring suit to compel performance of, or to recover for breach of, any covenant,
reement or condition herein written, Licensee shall and will pay to Licensor reasonable attorney fees in addition
the amount of judgment and costs.
10. This agreement may be terminated by either party hereto by giving thirty (30) days' notice in writing to
at effect.
11. Except as otherwise provided herein, the terms and conditions of this agreement shall inure to the benefit of
d be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
3fn Witnta Whereof, the parties hereto have caused these presents to be executed in duplicate the day
id year first herein written.
SOUTHERN PACIFIC COMPANY,
0 7Jr!V;
s s Superintendent
ITNESSED BY:
za~??~_. T ATER_..DM
(See Note) censee)
C roan
S a re tary
NOTE-If an incorporated company, agreement should be executed by an authorized officer thereof and its seal affixed and attested by its
:rotary, otherwise signatures should be witnessed by an employee of Licens•r, if practicable; if not, by a disinterested party."
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