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HomeMy WebLinkAboutApplicationGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com n BUILDING PERMIT APPLICATION TYPE OF CONSTRUCTION n Commercial/Multi-Family 0 Manufactured Home (SF or Duplex) 0 Demolition 0 Residential (SF, Duplex, or Townhome) 0 Reroof INVOLVED PARTIES Property Owner: _ Phone: ( } ,r Mailing Address: / r/ 0 <) DC/ V9/6,.) , 57+-e / r? VO / / 79 Contractor: 7 Lt 1/44 e EjI e Y L/, C r 5 Phone: (97 )37q- 7 1 2L Mailing Address: P. 0' 1? Ck 7 Pit { / C Architect: r$ T U Phone: ( 9 01 ) fflii- Mailing Address: 5 0 E i- /e s (o/!l Pr u' //e 7-N 3e ` Engineer: t/ & f 3 & 111 U Phone: (q 1) �j l g5-7.1 Mailing Address: 5- . f/e y 6 T , d / / t'r V / J (' 7-4/ 3'j / 7 Manufactured Home Installer: _ Phone: ( Mailing Address: PROJECT NAME AND LOCATION Describe Work: ! n 0 f (o r f 61 f 4~ O A/ ~l`A e / Ut-rt .1D (lIA/or fnc,,/vl t1 U,qt� Job Address: f 5 0 f`i Wy S 2 t/ !?1 (ic e 7 a jik Assessor's Parcel Number: a / 7 513200/')Sub. Lot Block Owner's Valuation of Work: $ 8 a 7 • n 0 Property Size (Sq.Ft or Acres): b 4C fts Sq.Ft of Building: Class of Work: •7 20 Garage: Height: 13 _ # of Floors: I ❑ New ❑ Alteration .® Addition 0 Repair 0 Move/Relocation ❑ Attached Detached Septic: ❑ ISDS ❑ Community Type of Heat: 0 Natural Gas 0 Propane 0 Electric Other Driveway Permit: 0 Exempt 0 Permit #: NOTICE Authority. This application for a Building Permit must be signed by the Owner of the property, described above, or an authorized agent. If the signature below is not that of the Owner, a separate letter of authority, signed by the Owner, must be provided with this Application. Legal Access. A Building Permit cannot be issued without proof of legal and adequate access to the property for purposes of inspections by the Building Division. Other Permits. Multiple separate permits may be required: (1) State Electrical Permit, (2) County ISDS Permit, (3) another permit required for use on the property identified above, e.g. State or County Highway/ Road Access or a State Wastewater Discharge Permit. Void Permit. A Building Permit becomes null and void if the work authorized is not commenced within 180 days of the date of issuance and if work is suspended or abandoned for a period of 180 days after commencement. (ri l N it K`I hereby certify that I have read this Application and that the information contained above is true and correct. understand that the Building Division accepts the Application, along with the plans and specifications and other data submitted by me or on my behalf (submittals), based upon my certification as to accuracy. Assuming completeness of the submittals and approval of this Application, a Building Permit will be issued granting permission to me, as Owner, to construct the structure(s) and facilities detailed on the submittals reviewed by the Building Division. In consideration of the issuance of the Building Permit, I agree that I and my agents will comply with provisions of any federal, state or local law regulating the work and the Garfield County Building Code, ISDS regulations and applicable land use regulations (County Regulation(s)). I acknowledge that the Building Permit may be suspended or revoked, upon notice from the County, if the location, construction or use of the structure(s) and facility(ies), described above, are not in compliance with County Regulation(s) or any other applicable law. hereby grant permission to the Building Division to enter the property, described above, to inspect the work. 1 further acknowledge that the issuance of the Building Permit does not prevent the Building Official from: (1) requiring the correction of errors in the submittals, if any, discovered after issuance; or (2) stopping construction or use of the structure(s) or facility(ies) if such is in violation of County Regulation(s) or any other applicable law. Review of this Application, including submittals, and inspections of the work by the Building Division do not constitute an acceptance of responsibility or liability by the County of errors, omissions or discrepancies. As the Owner, I acknowledge that responsibility for compliance with federal, state and local laws and County Regulations rest with me and my authorized agents, including without limitation my architect designer, engineer and/ or builder. I hereby acknowledge that I have read and understand the Notice and Certification above as well as have provided the required information which is correct and accurate to the best of my knowledge. z b c'f t/C&fes /1 Property Owner Print and Sign (t7 3-/3 Date OIFICIAL USE ONLY Special Conditions: Adjusted Valuation: eg,.64c Iia- Plan Check Fee: /O8.7( Permit Fee: /67.25 Manu home Fee: Misc Fees: Total Fees: Feesai:4 Balance Due: BP No: SDS N yy,i 21040 Setbacks:,TLC-0— Fa, ac, s .. OCC Group: 5- Const Type: 6 Zon g: RL___ BUILDING / PLANNING DIVISION : i • ,e"." /1A7 /1 Signed Approval Date Building Plan Review Description of Work: installing a carport on the property to do minor maintenance Bin #: Location Address: 21520 Hwy 6 & 24 RIFLE, CO General Information rCase Manager: David Bartholomew Plan Case Number: BLDG -11-13-7767 Parcel: 217523200141 Application Date: 11/14/2013 Contacts Owner: Union Pacific Applicant: Union Pacific Applicant Phone: Email: Building Planning/Zoning Engineered Foundation ` Property Line Setbacks y/t Driveway Permit r 30ft Stream Setbacks Surveyed Site Pian / Flood Plain Septic Permit and Setbacks Building height Grade/Topography 30% Zoning Sign -off r� Attach Residential Plan Review List N1d Road Impact Fees Minimum Application Questionnare ,/ HOA/DRC Approval ��/ I~!Subdivision Plat Notes Grade/Topography 40% /01 Fire Department Review / Planning Issues 7...Valuation Determination/Fees Subdvson Plat Red Line Plans/Stamps/Sticker General Comments: Attach Conditions V/ 4/ Application Signed /I' / 720 `6x/ .de .7 is6 ¢©,� Plan Reviewer To Sign Application 7- Parcel/Schedule No. 40# Snowload Letter - Manu. Homes /1A Soils Report Wednesday, November 27, 2013 1 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.xarfield-countv.com rI- COMMERCIAL OR MULTI -FAMILY BUILDING PERMIT APPLICATION CHECKLIST COMMERCIAL OR MULTI -FAMILY BUILDING PERMIT APPLICATION CHECKLIST In order to understand the scope of work intended and to expedite the issuance of a permit, it is important that complete information be provided. Please review this document to determine if you have adequate information to design your project and to facilitate a plan review. APPLICATION FORM: Please make sure the following information is provided on the application. • Parcel number obtained from the County Assessor's Office. • Job address (assigned physical address). • Legal Description: lot, block, filing, subdivision or tract, section, township and range. • Owners name, mailing address, phone, fax, or cell. • Contactors name, mailing address, phone, fax, or cell. • ArchitectlEngineer's name, mailing address, phone, fax or cell. • Building size, height, number of stories, lot size. • Use of building (commercial) • Class of Work (new, addition, alteration, repair, demo, move, other) • Description of work. • Type of heating (natural gas, propane, electric, other) • Sewer system (Community or ISDS), also see other items below. • Garage (attached or detached) • Driveway permit (please see other items below) • Valuation (labor and materials) OTHER ITEMS: • If you anticipate obtaining a water -tap from the City of Rifle, please provide a letter indicating that the City will provide water service. (Required to submit building permit application). • ISDS requires a septic permit application to be submitted with the building permit application. • A separate electrical permit must be obtained from the State of Colorado Electrical Board. • At the time of building permit submittal, you are required to show proof of legal and adequate access to the site. This may include proof of right to use a private easement, County Road & Bridge permit, or Colorado Department of Highway permit, including a Notice to Proceed. The County Road & Bridge Department can be reached at 970-625-8601. • If you anticipate excavating or grading prior to issuance of a building permit, you will be required to obtain a separate grading permit. • If you belong to a Homeowners Association, it is your responsibility to obtain written approval, if required. • Provide copies of any Resolutions and/or Land Use Permits associated with this property. • Projects with more than 10 occupants require plans sealed by a Colorado Licensed Design Professional. Occupant Toad shall be calculated by IBC Table 1004.1.1. • A Colorado State Licensed Electrician and Plumber must perform installation and hook-ups. BUILDING PLANS: 2 sets of plans must be submitted. Plans must be 18"x24" minimum size, complete, identical, legible, and to scale. Certain projects may also require a third copy of the plans be submitted to the focal Fire District for review prior to permit issuance. All plans will be checked at the counter for completeness. If any of the required information is missing, the building permit application cannot be accepted. / SITE PLAN: Please make sure the following information is provided on the site plan. fV� • Property address/legal description. • North Arrow and Scale on each page. • Show all property lines, building envelopes, flood plain, and easements. • Provide setback distances from boundaries, buildings, septic, well, and waterways. • Location and direction of the county or private road and driveway accessing the property. • Proposed and existing structures include sheds, barns, decks, patios, and any other buildings. • Existing and proposed grade, positive drainage around structure (to be contained on site). • Streams, rivers, creeks, springs, ponds and ditches. • Existing and proposed wells, septic tanks, leach fields, and other systems. (if applicable) • Retaining walls (engineer stamped detail required for walls over 4 ft, measured from bottom of footing to top of wall). NOTE: Any site plan depicting the placement of any portion of the structure within 50 feet of a property line or not within an established building envelope shall be prepared, stamped, and signed by a licensed surveyor. For structures to be built within a building envelope, provide a copy of the recorded subdivision final plat with the proposed structure located in the building envelope. / COVER SHEET: V • Project identification. • Project address and/or legal description. • Design specifications to include building use and occupancy classification, type of construction, building height and area calculations, occupant load, and fire sprinkler systems. ARCHITECTURAL PLANS: Please provide the following information on the architectural plans. • Per C.R.S. 12-4-112; Structures designed with an occupant load exceeding 10 require Colorado State Licensed Design Professional stamped plans. • Minimum 4 elevations (N,S,E,W) • Floor plans for each level including dimensions and scale noted. • Clearly label each room or space (office, storage, mechanical, elevator, etc). • Wall types; clearly labeled and referenced. Identify all fire resistive wall construction. • Construction details for all fire resistive elements referenced on floor plans and cross sections. Include wall, floor/ceiling, roof/ceiling, shaft wall assemblies, and structural frame. Provide the fire resistive listing number referenced on each assembly detail. (ex. UL P123) • Window & door sizes, types, and operation and direction of swing noted on the floor plan. • Specify roof slope/pitch, roof covering, and siding materials. • Energy design specifications/details for R -values, U -factors, and SHGC's per IECC. • Stair and guard details specifying rise, run, height and spacing. • Accessibility; show compliance with accessibility requirements for all elements of the building per IBC, Chapter 11 and ICC/ANSI A 117.1, ADA, FHA, and UFAS. ,STRUCTURAL PLANS: Please provide the following information on the structural plans. • Per C.R.S. 12-4-112; Structures designed with an occupant load exceeding 10 require Colorado State Licensed Engineer stamped plans. • Engineered foundation design per soils report. Geotechnical report referenced. • Design specifications to include roof and deck snow load, wind and seismic design, frost depth. • Foundation plan showing complete footing and foundation dimensions. • Footing and foundation details specifying reinforcement referenced on plans. • Framing plans for each floor level and roof. All beams, columns, joists, rafters, trusses and all live/dead loads specified. • Framing /connection details referenced on plans. • Pre -manufactured structures require an engineers stamp, signature, and date. ME ANICAL PLANS: Please provide the following information on the mechanical plans. Per C.R.S. 12-4-112; Structures designed with an occupant Toad exceeding 10 require Colorado tate Licensed Engineer stamped plans. • nergy design calculations and details verifying compliance with the 2009 IECC. • FI or plans for each level showing size, location and materials of all ductwork, plenums, return an outside air intake registers. • Size and location of all combustion air ductwork and openings. • Size, type and termination of all gas appliance flues and vents. • Location of all fire and combination smoke/fire dampers. • Equipment schedule for all mechanical equipment (boiler, furnace, exhaust fans, etc). • Commercial kitchen hood location, hood and duct sizes, CFM calculations. PL 7ING PLANS: Please provide the following information on the plumbing plans. Per C.R.S. 12-4-112; Structures designed with an occupant Toad exceeding 10 require Colorado State Licensed Engineer stamped plans. • • oor plans for each level showing DWV layout and sizing, materials, slope and sewer location. • iter piping materials, length and size of pipe, water meter location, fixture unit demands, location and type of backflow prevention devices. • Gas piping materials, length and size of pipe, gas meter location, and BTU/hour demands. • Additional piping plans for roof/deck drains, condensate, medical gas, etc. • Plumbing fixture schedule for all plumbing equipment. • Commercial kitchen plumbing fixtures, food preparation equipment, grease interceptors, etc. EL CT ICAL PLANS: Please provide the following information on the electrical plans. Per C.R.S. 12-4-112; Structures designed with an occupant load exceeding 10 require Colorado State Licensed Engineer stamped plans. • Floor plans for each level showing location of lighting fixtures, switches, receptacles, emergency exit signs and lighting, and panel location. • iagram showing service entrance, conduit/wire size, main disconnect size, grounding electrode/conductor size, feeder conduit/wire size, transformers and generators. • Panel schedule showing bus/breaker sizes, circuit description, voltage, phase, amperage, etc. NOTE: If any required information is missing, delays in issuing the permit are to be expected. If determined by the Building Official that additional information is necessary to review the application and/or plans for compliance, the application may be placed on hold until the required information is provided. Work may not proceed without the issuance of a permit. The Building Division will collect a Plan Review fee at time of application submittal. The Permit Fee, as well as any Septic or Road Impact fees will be collected when the permit is issued. The permit application must be signed by the owner or by a person having written authority from the owner to act as their representative. I hereby acknowledge 1 have read, understand, and will abide with the requirements of this checklist. Roheff- Property Owner Print and Sign -3— 13 ate CONDITIONS OF PERMIT BLCO-11-13-3062 Southern Pacific Co/Savage Industries Truck-port/Utility Building 21520 Hwy 6 & 24 Rifle, Colorado 1) ALL WORK MUST COMPLY WITH THE 2009 IBC, AND THE MANUFACTURERS INSTALLATION SPECIFICATIONS. 2) APPROVED FOR COMMERCIAL ACCESSORY STRUCTURE. (TRUCKPORT) 3) BUILDING IS APPROVED AS TYPE 58 CONSTRUCTION, 52 OCCUPANCY. 4) ALL WORK MUST COMPLY WITH CURRENT LAND USE CHANGE PERMIT. 5) IF APPLICABLE, ELECTRICAL ROUGH IN APPROVAL IS REQUIRED FOR FRAME INSPECTION. 6) ELECTRICAL FINAL APPROVAL IS REQUIRED FOR FINAL/COMPLETION INSPECTION. 7) GARFIELD COUNTY FOUNDATION, FRAMING, AND FINAL/COMPLETION INSPECTIONS ARE REQUIRED. Carport 21520 Highway 6&24 Rifle CO. 81650 The carport will be open at both ends with a cement pad as the floor to do minor maintenance to our fleet of 4 trucks. It will be 720 square feet 15 feet high 1 truck in there at a time employees will only be working on trucks once in a while for a few hours. There is no full time employee assigned to stay at the site for full days. David Bartholomew From: Glenn Hartmann Sent: Wednesday, November 27, 2013 2:53 PM To: Tamra Allen Cc: Fred Jarman; David Bartholomew; Andy Schwaller Subject: Union Pacific RR & Savage Trucking Truck Shelter Hi Tamra: This email is a follow-up to our discussion on this proposal to construct a Truck Shelter at the existing Savage Trucking Load out on Union Pacific property west of Rifle. This is the property that was approved in 1980 (Resolution 80-178) for a commercial park including material handling and storage type uses among others. Pursuant to our last meeting, we did request from the Savage Trucking representative additional lease documentation beyond what he had already provided which was a track service/use agreement. He has not been able to produce any additional lease information or authorizations to represent in regard to a potential Minor Modification Application to the existing Special Use Permit Approval. In the mean time, David Bartholomew has completed his building permit review including a check in with Andy Schwaller. They are ready to issue the permit. We anticipated revisiting this issue if no additional lease or authorization documentation was forthcoming. As you were out of the office I checked in with Fred. After some discussion including the Minor Modification process, Fred indicated that the use appears to be consistent with the underlying Zoning - Special Use Permit and the permitted uses outlined therein. He indicated to move forward with issuance of the building permit. Fred noted that he would meet with you when you are back in the office. I hope you find this process acceptable and consistent with our conversations. If you think it would be of value we can add to the original Special Use Permit file copies of the Use Agreement for Savage Trucking along with links to building permit information on the current proposal. Thanks again for your assistance on this one. Sincerely, Glenn Hartmann Community Development Department 1 STATE 01' COLOR f. Coonty of Garfield At a rG gu.l d r . meeting of the Board Of County Commissioners for Garfield County, Colorado, held at tilt Crurl ?douse in Glenwood Springs nnon I 7 w.s.day til¢ 5th day of A>.cg.us.t A. U. l9 ecl....l.... , there w?re present: ..Ri.�h.ard...Gn...J.0.1.gv Commissioner Chairman1 d,rJ"Y V 1 a$quez , Commissioner ..E1.aY£n,.,0,....Cri$e , Commissioner ..Ar..th.Pr.A:.........1..r a1.P.,.. Jr. county Attorney Imo$prick Page, Deputy , Clerk of the Board when the following proceedings, among others were had and done. to.wit: RESOLUTION NO. 80- 178 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION BY OCCIDENTAL OIL SHALE, INC. WHEREAS, the Board of County Commissioners of Garfield County has received an application from Occidental Oil Shale, Inc. for a special use permit for a Commercial Park on the following described tract of land: A tract of land in Sections 13 and 23, T65, R94W, 6th P.M., Garfield County, State of Colorado, being all that land lying south of Interstate Highway 70, north of the Denver and Rio Grande Western Railroad Company, bounded on the west by an existing haul road near the west line of said Section 23 and bounded on the east by the convergence of said railroad and highway pro- perty line being about 650 feat west of the north -south centerline of said Section 13, containing about 163.7 acres, m:,re or less. ; and WHEREAS, pursuant to required public notice, the Board conducted a public hearing on the 23rd day of June, 1950, upon the question of whether the above described special use permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance ofsaid special use permit; and WHEREAS, the Board on the basis of the evidence pro- duced at the aforementioned hearing, has made the following determinations of fact: 1. The proposed use is compatible with the uses existing and permitted in the district in which it is to be located, provided that certain hereinafter contained conditions be complied with. 2. That neither the impact on traffic volume and safety or on utilities, or any other impact of the special use will be injurious to the established neighborhood or zone district in which the special use is proposed to be located. NOW, THEREFORE, BE IT RESOLVED by the Commissioners of Garfield County, Colorado, that a special use permit be and hereby is authorized permitting the use of the above des- cribed tract of land for. a Commercial Park , upon the following specific conditions: 1. That the use of the tract of land comply with all present anri future regulations of Garfield County relating to commercial parks in the zone district in which the property is now or may later be located; 2. That, prior to the issuance of the authorized special use permit, the above described tract of land shall be severed from any other tract of land upon which there may exist a prin- cipal use, unless such other such principal use has been termin- ated at the time of the issuance of the special use permit. 3. That the uses permitted within the area affected by the special use permit shall be limited to the following: material handling, pumping facilities, warehouse facilities and staging areas, fabrication areas, storage areas, utility lines, pipelines, processing, and uses accessory to the fore- going. 4. That upon the request of the City of Rifle, the owner of the affected property shall permit the City of Rifle to install a sewer line along the south boundary of the pro- perty, and shall provide the City of Rifle with such evidence of a requisite easement as may reasonably be required. 5. That compliance with the terms of this Resolution and any special use permit issued pursuant hereto shall be monitored through the Board's review as may be deemed neces- sary by the Foard. ATTEST: HOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO De uty 1 1drk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richard G. Jolley Aye Larry Velasquez Aye Fiaven J. Cerise Aye Commissioners STATE OF COLORADO County of Garfield I, County Clerk and ex -officio Clerk of the Board of County Commissioners ad and 10! aiwesa.d da i:era:., ceruir Luiy the Proceedings of the aaard of County Commissioners for said Garfield County, now in my office. 11.4 W1TNE55 WHEREOF, 1 have hereunto set my hard and affixed the seal of said County, at Glenwood Springs, this day of , A. D. 19 County Clerk and ex•olficio Clark of the Board of County Commissioners. .Jun.22. 2006 10:40AM Savage Services Corporation aci z 2, 'o -7331 ApprCvg4 tS to corm Ay CL. L I.VULLeb� n„�...... i&ad: �r�nbe. 2. 1992 DOCUMENT AUDIT SNI. STCC 4 2919994 SPINS 4 0225 IN CONNECTION WITH: SEE CxV) AUDIT NO. 1-1 No..9,173.7 �P. 2 MILEPOST WA -391.0 AGREEMENT FOR SERVICE FROM TRACK OF RAILROAD THIS AGREEMENT, made this 27th day of January, 1997, by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY and THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a corporation, herein called "Railroad," and SAVAGE INDUSTRIES, INC., address: 5250 Commerce Drive, Suite 200, Salt Lake City, Utah, herein called "Industry"; RECITALS: Railroad as the owner of a track (hereinafter termed "Track") located at or near Lacy Station, County of Garfield, State of Colorado, as illustrated on the print hereto attached and hereby made a part hereof. Industry, in order to save the expense of constructing an industry track to serve its premises, has requested Railroad to serve it from said Wrack. Railroad is willing to make such service as a matter of accommodation, but not as a matter of legal right, upon the terms and conditions hereinafter set Porth. The term "Track" as used herein shall designate the plural if there is more than one track illustrated on said print. AGREEMENT 1. Railroad agrees to serve Industry over said Track, unless prevented due to labor dispute or any causes beyond the control of Railroad, subject to any lawful charges that may be made by Railroad for such service, at such times as such service will not interfere with the use of said Track by Railroad. If said Track connects with or diverges from trackage not owned by Railroad, Railroad's agreement to serve Industry shall be subject to any restrictions of operations on such trackage, and to the continued existence in place and maintenance of such trackage. 1 "`•° a W ik"••••1�:.v ,Jun. 2L 2006 10;40AM Savage Services CorForatien Torn L-7331 Approved as to Loam oy kAinerex u>w,ytl+ Reviasd: December Z, 1992 No, 9173. P. 3 Railroad hereby permits Industry to unload on said 800 feet of Track, Industry's cars used in the transportation of sodium Bicarbonate. 2. In consideration of Railroad's agreement to serve Industry over said Track, as herein set forth, Industry agrees to pay Railroad, as rental and as the cost of maintenance of said Track, the sum of Two Thousand Four Hundred Dollars ($2,400) per annum, payable annually in advance, and the prorated rental for the final year shall he at least One Hundred Eighty Dollars ($180), 3. The Track shall be under the full control of Railroad and may be used at the discretion of Railroad for its business or for shipment or delivery of any freight. 4. Industry agrees that: Industry will comply with clearance regulations as delineated on the chart attached, marked Exhibit "A," and hereby made a part hereof. A minimum overhead clearance of twenty-seven (27) feet, measured vertically above tops of rails, ,shall be observed for wires over or across any track and for a distance of at least eight (8) feet six (6) inches from the centerline of such track; subject, however, to Statutes or orders of competent public authority having jurisdiction in the premises. If, by statute or order of competent public authority having jurisdiction in the premises, greater clearances or other standards than those specified on said Exhibit "A" shall be required, Industry shall strictly comply with such statute or order. All doors, windows or gates of any building or enclosure shall be of the sliding type or shall, when opened, be swung away from the Track when such building or enclosure is so located that said doors, windows or gates if opened toward the Track would, when opened, be at clearances in violation of the clearances specified on said Exhibit "A." Notwithstanding anything herein contained, no structure, material, pole, cable, wire, conduit, pipe, opening, excavation or obstruction of any kind or character shall be erected, piled, made, stored or maintained by Industry upon or over the premises of Railroad or beneath any tracts upon the premises of Railroad, 2 . jun. 22. 2006 10:41AM Savage Services Corporation Tc L-7331 A,nproeed as to Toren by Genarml Lounsea Revised: ➢eceolltr 2, 1992 idc, 9173 a P. 41 without the written consent of Railroad first had and obtained. Further, no pipe, pole, wire, conduit, underground structure, opening or excavation of any kind whatsoever shall be made or placed beneath any track, or within ten (10) feet thereof, beyond the premises of Railroad without first giving Railroad written notice thereof. Industry shall at all times keep the pathway for trainmen, as shown on said Exhibit "A," aril the area between the rails free and clear of debris and/or obstructions of any kind or mature and whether due to the operations of Industry or Railroad, or both, or to the loading or unloading of cars on said Track. The indemnification hereinafter provided for in this section shall apply whether or not Railroad has notice or alleged notice of any violation by Industry of Industry's duty to keep said area clear of debris and obstructions. Industry agrees that under no circumstances shall any gunpowder, dynamite or other explosive material be piled or stored by Industry or others upon the premises of Railroad. Prior to using said Track for loading, unloading or storage of flammable liquid with flash point at or below 100 degrees fahrenheit, non-flammable compressed liquefied gas, flammable compressed gas or other regulated hazardous material, Industry shall first secure the written permission of Railroad for the specific material or materials. Industry shall comply with Railroad's rules governing, which will be furnished by Railroad to Industry upon request. Industry agrees to indemnify and save harmless Railroad from all loss, damages, penalties, costs or judgments that may be assessed against or recovered from Railroad on account of or in any manner growing out of the violation of this Section 4. It is the express intention of the parties that the indemnity provided for in this Section 4 indemnifies Railroad for its own negligence whether that negligence is active or passive or is the sole or a concurring cause of the death, injury, loss or damage provided that said indemnity shall not protect Railroad from liability for death, injury, loss or damage arising solely from the criminal actions of Railroad, its officers, agents and employees. 5. Industry agrees that if, in the judgment of Railroad, operations of Railroad make it necessary or desirable that an 3 Ju r. 22. 2006 10:41AM Savage Services Corpore.tio 'Form L-7331 Approved as to form by Genera_ U'oi:n4e1 teiased; Oecsm er 2, 1992 No. 9173P. 5 a„wuxy 3, .� independent spur or side track be installed to serve the plant of Industry, such spur or side track shall be constructed and maintained and the cost of such construction and maintenance shall be assumed by Industry, or divided between the parties in accordance with the general practice of Railroad in effect at the time. Railroad and Industry shall enter into an agreement setting forth the basis of construction, maintenance and operation of said independent spur or side track, and upon execution of said agreement this Agreement shall terminate. 6. Industry shall reimburse Railroad the cost of installing, maintaining and removing any derails required by Railroad because of the operations of Industry. 7. Industr-y acknowledges its responsibility to comply with all laws and with requirements of environmental and other governmental agencies applicable to Industry's use of such tracks for storage. Industry specifically acknowledges its responsibility to make such reports and filings as may be required under applicable law because of the placement or storage of cars upon the subject tracks. It is the express intention of the parties hereto, both Railroad and Industry, that the indemnity provided for in this paragraph indemnifies Railroad from and against all losses, damages, liabilities, penalties, fines, claims and demands whatsoever, regardless of the cause thereof, and expenses in connection therewith, including reasonable attorney's fees, arising out of violations or alleged or asserted violations of such laws and requirements. This covenant of indemnity shall continue in full force and effect notwithstanding the full payment of all sums due under this Agreement, or the satisfaction, discharge or termination of this Agreement i 1 any manner whatsoever. In the event of any leakage or spillage, Industry shall at its own expense promptly clean Railroad's premises to the satisfaction of Railroad, the Environmental Protection Agency and/or any public body having jurisdiction in the matter. Should any such leakage or spillage result in a fine, penalty, cost or charge being suffered or incurred by Railroad, Industry shall promptly and fully reimburse and indemnify Railroad for or on account thereof. S. in the event there is installed or used a gate, fence on premises of Railroad, door, unloading pit, scale, car -moving device or any loading or unloading device across, over, beneath, on or adjacent to said Track, Industry shall, whenever said facilities are not in use and when Railroad is operating or about to operate 4 Jun. 22. 2006 10:42AM Savage Services Corporation 'Form i-7331 Approved ae to rord by Ijgn8t43 LOUC9Q1 Rvrx.aed: rau b ; 2, 1992 No.9173 3,r 6 -_, on said Track to serve Industry, cover, open, remove or retract and securely fasten such facilities to such position as to provide clearances prescribed herein and align the deadrail, if any, of said scale with said Track so as to permit operation by Railroad thereover, or shall install an operating limit sign if the scale will not permit operation thereover by Railroad. Said facilities shall be installed and maintained by Industry at its own expense and to the satisfaction of Railroad and in conformance with any ordinance, rule or regulation of any public body having juris- diction in the matter. Said facilities shall not be installed across, over, on or adjacent to trackage of Railroad, or beneath said Track, nor shall any door be installed across said Track without the prior written approval of Railroad. Said gate or door may be opened and fastened by employees of Railroad or of Industry as their local representatives may from time to time agree; provided, however, that Railroad shall not be obligated to open said gate or door, and, upon request of Railroad, Industry shall open and fasten said gate or door as herein provided. In lieu of covering said pit as herein provided, Industry may install and maintain such grill cover thereover as may be approved by the public body having jurisdiction in the matter. Industry hereby releases and agrees to indemnify Railroad, its agents, successors and assigns, from all liability, cost and expense (including, but not limited to, loss of or damage to the property of either party and injury to or death of agents or employees of either party) resulting ,from the construction, reconstruction, presence, maintenance, use or removal of said gate, fence, door, unloading pit, car -moving device, scale, or loading/ unloading device, except when due to the sole negligence of Railroad. Industry further releases and agrees to indemnify Railroad from any liability, cost or expense resulting from failure or alleged failure of the representatives of Railroad to close said gate. It is the express intention of the parties that the indemnity provided for in Sections 7 and e hereof, indemnifies Railroad for its own negligence whether that negligence is active or passive or a concurring cause of the death, injury, loss or damage provided that said indemnity shall not protect Railroad from liability for death, injury, loss or damage arising from the sole negligence, 5 Jun, 22, 2006 10:42AM Savage Services Corporation Form L-7331 droved as to form by Genera= Codnas1 Revised: december 2, 1992 No. 9173 , P, 7 y v, ..• willful misconduct or criminal actions of Railroad, its officers, agents or employees. Should it become necessary at any time in the future, due to changes in said Track or for any other reason, to remove, reconstruct, alter or change the location of said facility or facilities, Industry shall, at its own expense, make such changes as may be necessary. Upon termination of this Agreement, Industry shall promptly remove said facilities from Railroad's premises and restore said premises at its own expense and to the satisfaction of Railroad. Each of the facilities mentioned above shall designate the plural number if there is more than one installed. 9. The term "Railroad" as used in Sections 4, 7 and E hereof shall include the affiliated companies of Railroad and any other railroad company operating on said Track with the consent of Railroad. 10. Industry, upon request of Railroad and before any work to be done hereunder by Railroad at the expense of Industry is commenced, shall deposit with Railroad the'estimated cost of said work. If the actual cost thereof shall prove more or less than said deposit, the difference shall be promptly paid by Industry or refunded by Railroad, as the case may be. if Railroad shall perform any work hereunder which Industry is obligated to perform ox pay for without first obtaining deposit from Industry, Industry agrees to pay Railroad the cost of said work promptly upon receipt of bills therefor. Prior to performing any work on Railroad's premises, Industry shall give Railroad's Division Engineer five (5) days' written notice, and, upon request, provide Railroad with certified copy of insurance policies in form and amounts satisfactory to Railroad, insuring Industry's and Railroad's liability for any bodily injury or property damage sustained ir1 connection therewith. Said insurance shall be subject to termination only upon ten (10) days' written notice to Railroad. Any contractor performing any of such work for Industry shall be required by Industry to execute Railroad's standard form of Contractor's Right of Entry permit before commencing such work. 6 Jun. 22. 2966 19:43AM Savage Services Corporation 'Form r-7331 Approved as to form by General Counsel Revised: December 2. :992 No, 9173 P. 8 Ueuus[y a, .zip 11. This Agreement shall take effect as of the 1st day of June, 1996, and shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. 12. This Agreement may be terminated by either party upon thirty (30) days' written notice to the other party to that effect; provided, however, that said termination shall not release Industry from any liability hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to such termination. 13. Industry shall pay to Railroad upon execution hereof, the sum. of Four Hundred Seventy-five Dollars ($475) partially to defray cost of handling. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate the day and year first above written. SOUTHERN PACIFIC TRANSPORTATION COMPANY By %?o ( le) Manager Contracts THE' DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY l (TIt`le) Manager Contracts WITNESSED BY: SAVAGE INDUSTRIES, INC. By (Title) NO78: If Industry is an incorporated company, agreement should be executed by an authorized officer thereof and his title indicatd, otherwise signature should be witnessed by an employee of Railroad, if practicable; if not, by a disinterested party. 7