|
f~ :.~:...-+-
<br />THIS AGREEMENT, made and entered into by and between
<br />NORFOLK SOUTHERN RAILWAY COMPANY, a Virginia corporation, hereinafter styled
<br />"Railway"; and
<br />COUNTY OF ORANGE, a North Carolina government entity, hereinafter styled "Licensee":
<br />WITIVESSETEi
<br />WHEREAS, Licensee proposes to install, maintain, operate and remove a 3-inch sanitary sewer
<br />pipeline in a 12-inch casing pipe, under and across the right of way or property and any tracks of Railway, at
<br />Milepost H-36 minus 3,300 feet, at or near MEBANE, Orange County, North Carolina, to be located with
<br />any ancillary appurtenances as shown and limited to the instal lation shown on print of Drawing marked Exhibit
<br />A, dated July 2, 1999, attached hereto and made a part hereof (hereinafter called "Facilities");.
<br />NOW, THEREFORE, for and in consideration ofthe premises and payment of anon-refundable one
<br />time preparation fee of TWO HUNDRED AND NO/100 DOLLARS ($200.00) and of the covenants
<br />hereinafter made, Railway hereby permits and grants Licensee, insofar as Railway has the right to do, without
<br />warranty and subject to all encumbrances, covenants and easements to which Railway's title may be subject,
<br />the right to use and to occupy so much of Railway's property as may be necessary for the Facilities, upon the
<br />following terms and conditions:
<br />t . Licensee will construct and maintain the Facilities, at its expense, in such a manner as wi II not
<br />interfere with the operations of Railway or endanger persons or property of Railway, and in accordance with
<br />(a) plans and specifications (if any) shown on said print(s) and any other specifications prescribed by Railway,
<br />(b) applicable governmental regulations or laws, and (c) applicable specifications adopted by the American
<br />Railway Engineering Association when not in conflict with plans, specifications or regulations mentioned in
<br />(a) and (b) above. For the purposes of this Agreement, maintenance of the Facilities shall be deemed to
<br />mean replacement in kind. Any change to the character or capacity of the Facilities shall be considered an
<br />upgrade and will require execution of a new agreement.
<br />2. Licensee hereby agrees to indemnify and save harmless Railway, its officers, agents and
<br />employees, from and against any and all liability, claims, losses, damages, expenses (including attorney's fees)
<br />or costs for personal injuries (including death) and/or property damage to whomsoever or whatsoever occur: ing
<br />which arises in any manner from the installation, maintenance, operation, presence or removal or the failure
<br />to properly install, maintain, operate or remove the Facilities, unless such losses, damages or inj uries shall be
<br />caused solely by the negligence of Railway.
<br />3. Licensee assumes alt responsibility for any environmental obligations imposed under
<br />applicable laws, regulations or ordinances relating to the installation of the Facilities and/or to any
<br />contamination of any property, water, air or groundwater arising or resulting from Licensee's permitted
<br />operations or uses of Railway's propeFty pursuant to this Agreement. In addition, Licensee shall obtain any
<br />necessary permits to install the Facilities. Licensee agrees to indemnify and hold harmless Railway from and
<br />against any and all liability, fines, penalties, claims, demands, costs (including attorneys' fees), losses or
<br />lawsuits brought by any person, company or governmental entity relating to contamination of any property,
<br />water, air or groundwater due to the use or presence ofthe Facilities. It is agreed that this indemnity provision
<br />
<br />
|