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HomeMy WebLinkAbout1973-05-03 Railroad Property AgreementTEMPORARY AGREEMENT COVERING ADVANCE RIGHT OF ENTRY AND OCCUPANCY OF BURLINGTON NORTHERN INC. PROPERTY BURLINGTON NORTHERN INC. (hereinafter called "Railroad"), hereby grants per- mission to Cbat]as Meltare M Crystal DW Ronde frly/Zatas Nitmnasota 5M hereinafter called "Permittee", to enter upon its property for the purpose of COOetrVotb* a 20 ft. a 24 ft. auwe of Vhteh 20 Pt, Y 24 ft. will aasoseh ain ;1 I=. property and within the eonf'ivas of lease site as covered by application stfittMi Apr" to Im at xavafttWO (OPPift Parks Itll.taxtsota. In consideration of permission given the Permittee by Railroad as outlined above pending issuance of a formal lease, permit or license, the Permittee hereby agrees to indemnify and hold harmless Railroad from and against and defend Railroad from and against any and all claims, loss, costs, suits or damages arising out of injuries to or death of any and all persons whomsoever, including, but not limited to, the parties hereto, their agents and employees, or damage to property to whomsoever belonging, including property owned by or in the care, custody and control of either Permittee or of Railroad, in any manner connected with or resulting from, either directly or indirectly, the occupancy and use of Railroad's said property by the Permittee, its employees, agents, contractors or subcontractors and their employees, regardless of whether or not such injury, death or property damage may have been caused or contributed to by the negligence of the Railroad, its agents or employees. This agreement shall be and remain in full force and effect until such time as a formal lease, permit or license is entered into by and between the parties hereto covering occupancy of the property of Railroad hereby permitted. The Permittee agrees to execute such formal lease, Kermit or license promptly upon its being presented to it by Railroad; however, execution thereof shall not operate to absolve the Permittee of any liability assumed and incurred by it hereunder. IN WITNESS WHEREOF, the parties have executed this agreement in duplicate this day of MW __ --_ • 19 _ 7 . Witnesses: '1 '. � l BURLINGTON NORTHERN INC By U,visiun Supenntuntlunt LC Li I t �% • r1 t r r Form 11,005 b 12