Form Mdot 2444r - Railroad Land Rental Agreement Page 2
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2MDOT 2444R (04/14)
Page 2 of 2
NOTICE OF TERMINATION
Clear Form
TENANT agrees to vacate the premises upon thirty (30) days written notice by Department.
TENANT understands and agrees when the TENANT vacates the premises either at will or at the
request of the
DEPARTMENT, the DEP ARTMENT will not be obligated to provi de, and the TENANT will not be entitled to receive,
relocation assistance and benefits.
TENANT shall, before the expiration of this agreement, prepare for vacation of the premises by bringing it to a cl ean and
sanitary condition.
RAILROAD REQUIREMENTS
The tenant must notify the __________________________ Railway at least seven (7) days before beginning
construction on DEPARTMENT owned right of way.
The TENANT shall, promptly pay the ____________________ ______ Railway for the costs incurred by the railroad for
such items as a flagman or inspection.
FIBER OPTIC CABLE
The TENANT is hereby advised that this portion of the Michigan Department of Transportation railroad right of way
contains a fiber optic cable and auxiliary equipment that is owned by __________________________The
TENANT and its contractors shall exercise caution in the performance of their work activities to protect the fiber
optics cable and auxiliary equipment.
INDEMNIFICATION AND LIABIL ITY INSURANCE
A.
The TENANT agrees to indemnify and save harmless the State of Michigan, the Michigan State Transportation
Commission, the DEPARTMENT, the __________________________Railway and all officers, agents,
and employees thereof:
(1)
from any an d all claims and losses occurring or resulting to any and all persons, firms, or
corporations furnishing or supplying work, services, materials, or supplies to the TENANT under
the terms of this agreement, and
(2)
from any and all claims for injuri es to, or death of, any and all persons, and for loss of or damage
to property, arising out of, under or by reason of this agreement except claims resulting from the
sole negligence or willful acts or omissions of said indemnitee, its agents, or employees.
B.
The DEPARTMENT shall not be subject to any obligations or liabilities by contractors of the TENANT or
their subcontractors or any other person (not a party to the PROJECT) without its specific consent and not
withstanding its concurrence in or approval of the award of any contract or the solicitation thereof.
C.
It is expressly understood and agreed that the TENANT shall take no action or conduct which arises
either directly, or indirectly out of its obligations, responsibilities, and duties unde r this agreement,
which results in claims being asserted against or judgments being imposed against the State of Michigan,
__________________________Railway, the DEPARTMENT, and/or the Michigan State Transportation
Commission, a right to seek and obtain any necessary relief or remedy, including a judgment for money
damages.
D.
The TENANT must provide liability insurance for said land in the amount of $ _________________with
the Michigan Department of Transportation and the __________________________ Railway named as
additional insured.
Any notice or other communication to the Department shall be directed to the Michigan Department of Transportation, Real Estate
Division.
Although duly executed, this agreement will not be binding on the parties until accepted by the Department.
TENANT’S NAME AND SIGNATURE
DATE
TENANT’S NAME AND SIGNATURE
DATE
ACCEPTED BY (Region Property Analyst)
DATE
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