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HomeMy WebLinkAbout5063uo-2 el RESOLUTION NO. 5063 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, RELATING TO THE PROPOSED CENTRAL BUSINESS DISTRICT STORM SEWER PROJECT, PHASE "D" BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1. A pipe line license agreement dated July 9, 1982, a copy of which is attached hereto and made a part hereof by reference, after having been ap- proved as to form by the City Attorney, by and between Pueblo, a Municipal Corporation, and the Atchison, Topeka and Santa Fe Railway Company, relating to construction and maintenance of storm and sanitary sewer pipes on the right -of -way of said railroad company, is hereby approved. CP.OMTnM 7 The Director of Finance is hereby authorized and directed to pay said railroad company a License Fee in the amount of One Dollar ($1.00). SECTION 3. The President of the City Council is hereby authorized to execute the said Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. INTRODUCED November 8 ,1982 B DOUGLAS L. RING Councilman APPROVED President of the Council ATTEST: ity Jerk PIPE LINE LICENSE THIS LICENSE, Made 9th . day between THE ATCHISON. TOPEKA AND SANTA corporation part. (hereinafter called "Licensor "), of July , 19 82 - FE RAILWAY COMPANY, a Delaware party of the first part, and WITNESSETH, That the parties hereto for the consideration hereinafter expressed covenant, and agree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct and maintain three ( 3) pipe lines Nine Fifteen an d Twelve inches in diameter hereinafter, whether one or more pipe lines, called the "PIPE LINE "), across or along the right of way of Licensor at or near the station of Pueblo, Pueblo County, Colorado , the exact location of the PIPE LINE being more particularly shown by zed coloring upon the print hereto attached, No. A -2465 , dated June 23, 1982 marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying storm water and sanitary sewage and shall not use it to carry any other commodity or for any other purpose whatsoever. 3. Licensee shall pay Licensor as compensation for this license the sum of One and No /100 Dollars ($1.00) 4. Licensee shall, at its own cost and subject to the supervision and control of Licensor's chief engineer, locate, construct and maintain the PIPE LINE in sudh a manner and of such material that it will not at any time be a source of danner to or interference with the present or future tracks, roadbed and property of Licensor, or the safe operation of its railroad. In cases where the Licensee is permitted under paragraph 2 hereof to use the PIPE LINE for oil, cas, petroleum products, or other flammable or highly volatile substances under pressure the PIPE LIME shall be ccnstructzd, installed and thereafter maintained in conformity with the plans and specifications shown on 10- 1- 31- 1658/021OL C E v � 1 �-; : .r. ; v :.7 $ ::�'- '�.'i � ; t �^:l �.1' ^�if'1. L10.:'►CfiC� �3t� ."'. i t J� P.'SY.s .'7..TL'l� Llla.1� -a`t .�75: CC'.�. If 3: D t = :x L!=r :ec s!-411, in 1 -he �uC�nt of Licrn=z, faLL to rfo. :t3 x1 1 -7t ! cns lrt:.`Cr th..'s paragraph, Llc -^.sor =ay, at its op , lon, itself :,erforn sLx:P. work as it cee= necessary for the safe crperation of its raiircao, arc in such event Licensee agrees to pay, +within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to perform the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. 5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to support Licensor's tracks and for flag;-.,an to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss, damage, or expense that Licensor may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of the PIPE LINE, including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants herein contained Licensor may at its election forthwith revoke this license. 8. This license is given by Licensor and accepted by Licensee upon the express condition that the same may be terminated at any time by either party upon ten (10) days' notice in writing to be served upon the other party, stating therein the date that such termination shall take place, and that upon the termination of this license in this or any other manner herein provided, Licensee, upon demand of Licensor, shall abandon, the use of the PIPE LINE and remove the same and restore the right of way and tracks of Licensor to the sage condition in which they were prior to the placing of the PIPE LINE thereunder. In case Licensee shall fail to restore Licensor's premises as aforesaid within ten (10) days after the effective date of termination, Licensor may proceed with such work at the expense of Licensee. No termination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the PIPE LIME is removed and the right of way and track of Licensor restored as above provided. 9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on which the PIPE LINE is located, or the sale or abandonment by Licensor of said premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 10 - 1 - 81- 1655/0210L - 2 - 10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served if it be deposited in the United States Mail, postage prepaid, addressed to Licensee at 211 E. "D" Street Pueblo, Colorado Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the same be deposited in the United States Mail, postage prepaid, addressed to Licensor's General Manager at P. C. Box 1738 900 Jackson Street, Topeka, Kansas 66628. 11. In the event that two or more parties execute this instrument as Licensee, all the covenants and agreements of Licensee in this license shall be the joint and several covenants and agreements of such parties. 12. All the covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licensee, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor in each instance. 13. Notwithstanding any other provisions of this license, Licensee shall comply with all statutes, ordinances, rules, regulations, orders and decisions (hereinafter referred to as "Standards "),.issued by any federal, state or local governmental body or agency established thereby (hereinafter referred to as "Authority "), relating to Licensee's use of Licensor's property hereunder. _In its use of the premises, Licensee shall at all times be in full compliance with all Standards, present or future, - set by any Authority, including, but not limited to, Standards concerning air quality, water quality, noise, hazardous substances and hazardous waste. in the event Licensee fails to be in full compliance with Standards set by any Authority, Licensor may, after giving reasonable notice of the failure to Licensee, and Licensee, within thirty (30) days of such notice, fails either to correct such non - compliance or to give written notice to the Licensor of its intent to contest the allegation of non - compliance before the Authority establishing the Standard or in any other proper forum, take whatever action is necessary to protect the premises and Licensor's railroad and other adjacent property. Licensee shall reimburse the Licensor for all costs (including but not limited to, consulting, engineering, clean -up and disposal costs, and legal costs) incurred by the Licensor in complying with such Standards, and also such costs incurred by the Licensor in abating a violation of such Standards, protecting against a threatened violation of such Standards, defending any claim of violation of such Standards in any proceeding before any Authority or court, and paying any fines or penalties imposed for such violations. Licensee shall assut -,e liability for and shall save and hold harmless the Licensor from any claim of a violation of such Standards recardless of the nature thereof or the Authority or person asserting such claim, which results from Licensee's use of Licensor's premises, whether such claim arises in whole or in part from the negligence or alleged negligence of the Licensor or otherwise. Licensee, at its cost, shall assurne the defense of all such claims regsrdless cf 4hether they are asserted against Licensee or Licensor. 3 - 10- 1- 81- 1653/0210L 14. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit, administrative action or other proceeding brought against Licensor by any public body, individual, partnership, corporation, or other legal entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and /or to save. and hold harmless the Licensor. Licensee shall pay all the costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation expenses, settlement payments, and amounts paid in satisfaction of judgments. Any and all lawsuits or administrative actions brought or threatened on any theory of relief available at law, in equity or under the rules of any administrative agency shall be covered by this section,' including, but not limited to, the theories of intentional misconduct, negligence, breach of statute or ordinance, or upon any theory created by statute or ordinance, state or federal. IN WITNESS WHEREOF, the parties have executed this agreement in duplicate the day and first above written. THE ATCHISON TOPEKA AND SSA F� RAILWAY COMPANY By Its Assistant to Genera Man aget CITY OF PUEBLO, COLORADO By Its Mayor ATTEST: ity Clerk - 4 - 10 - 1 - 81 - 10'58 /C21CL 4026p/3 C � EXHIBIT "A" AT7'ACHED TO COMTRACT dEMEEN THE ArcorsON, TOPEKA AND SANTA FE RAILW COMPAN Co %f -�c�o Di V�ston P�eb /v District A� - C /Tr of 0 , roe_ OR 400 57 s4i�rj`Q�y .s�av�i p:�e /ie Cross,�j 7T Rac b /o RIC-6 10 e0 -617 7 - - j co%l-wdo � Scale ! / 0(),e EO Topc -fw� Kansas Oat�d= ✓crr�P Z3 /93 Identlfled by C. L. hf olman A. G.M. 5 r7 sneering w\ L t �� ,� �'�lq ,3'� - -- - 8 L T 6 6 4 IN 3� �' C o .a i p� /r3 z3e s 4 rfc. N° 13 W DZ rr- �¢,JCCP 1� Cox. Sfiwc }vry O D �.e � 6er�9'd` - y 2io - -- � �. os. t { H f A DESCRIPTION OF PIPE LING UNDER ?RACK PIPE LINE- LOCATED AS SNoWN IN RtEb PIPr BASE OF= JZAIL CARRIES PRE55URE 51zr' KIND TNICKt•(ESs UWgTN To TOP OF PJP=. �j p p gSTrq c ass CARS \lFt� ►yp�`� �/`aui % � /Of/!• � i�co 9ZS%7. �<9r� !�2{� _d,.s�.r.�;r�i4rro „ AstM C - { �l_ - rlfr/NTA. 13 CArKrC,� �v 1. /30 ,�.vf ice AN -A U.so c. 3/ i 2rj2''_ ck,e far rep WT Oraw'ing No. ! -7-Z<<v5 Ep7 F'r t(? No. ZZZ - !� Dw• File Nu. _ G.M. File No. - - - -= MOP Re E. /S/6 7 vl�J