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RESOLUTION NO. 5911
RESOLUTION
AGREEMENT B
A MUNICIPAL
TOPEKA AND
AND DAYTON
AUTHORIZING
COUNCIL TO
APPROVING A JOINT USE
;TWEEN THE CITY OF PUEBLO,
CORPORATION, THE ATCHISON
SANTA FE RAILWAY COMPANY
HUDSON CORPORATION AND
THE PRESIDENT OF THE
EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that:
SECTION I.
The Supplemental Agreement, dated August 15, 1986
between the City of Pueblo, the Atchison, Topeka and Santa Fe Railway
Company, and the Dayton Hudson Corporation, relating to the joint use
of the Dayton Hudson rail trackage at Pueblo Airport Industrial Park,
is hereby approved.
SECTION II.
The President of the City Council is hereby authorized
to execute same for and on behalf of the City and the City Clerk is
authorized and directed to attest and affix the seal of the City thereto.
INTRODUCED October 14 , 1986
B y SAMUEL CORSENTINO
Councilman
ATTEST: APPROV
City Clerk President of Council
S
SECRETARY'S CONTRACT NO.
Santa Fe Original
Between
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
and
CITY OF PUEBLO
and
DAYTON HUDSON CORPORATION
(Target Stores Division)
.e.
SUPPLEMENTAL AGREEMENT
Relating to joint use of trackage
covered by Contract No. at
Baxter, Pueblo County, Colorado
DATED August 15, 1986
5- 13- 86/509L
SUPPLEMENTAL AGREEMENT, Made as of the
15th day of August , 19 86 ,
between THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY, a Delaware
corporation, hereinafter called
"Santa Fe", First Party; CITY OF
PUEBLO, a municipal corporation of
the State of Colorado,
hereinafter called "Second Party ";
and DAYTON HUDSON CORPORATION (Target
Stores Division) a Minnesota
corporation, hereinafter called
"Third Party ".
R E C I T A L S:
Santa Fe and Second Party are now parties to a contract dated
March 26, 1986 (Santa Fe's Secretary's Contract No. ,) relating
to the construction, maintenance and operation of an industry track
(hereinafter called "The Track ") serving a warehouse at Baxter, Pueblo County,
Colorado, said contract dated March 26, 1986, together with any and all
modifications, supplements and amendments thereto being hereinafter called the
"Original Contract ".
Third Party hereto desires to use The Track covered by the Original
Contract, which is agreeable to Santa Fe and Second Party upon the terms and
conditions hereinafter stated.
A G R E E M E N T:
`. IN CONSIDERATION of the sum of $1.00, and other consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto
mutually agrea as follows:
1. Santa Fe hereby consents to Third Party using The Track in common
with Second Party.
2. Second Party, in consideration of the premises, hereby grants to
Third Party the right to use The Track covered by the Original Contract during
the term hereof in common with itself and such others who have or shall in the
future obtain the right to use The Track. Nothing herein contained shall
release or relieve Second Party from any obligation under the Original
Contract, but Second Party shall be and remain as fully responsible to
Santa Fe for the acts and omissions of Third Party as if such acts and
omissions were the acts and omissions of Second Party.
509L
3. Third Party, in consideration of the premises and of the consent
of Santa Fe and Second Party to its use of The Track, as provided herein,
hereby agrees to observe and be bound by all of the covenants, terms and
conditions of the Original Contract and this Supplemental Agreement, so far as
the same apply to Third Party's use of The Track.
4. Third Party will operate the distribution center (Plant) and will
use and maintain the Hatched Track located on its property. With respect to
the operation of the Plant and the Hatched Track located on Third Party's
property, Third Party assumes and agrees to perform all convenants and
obligations including indemnity imposed upon or agreed to by Second Party
under the March 26, 1986 agreement between Second Party and First Party,
except Sections 2 and 3 of Article I thereof, and Third Party shall hold
harmless and indemnify Second Party therefrom. Third Party grants to First
Party the right of way described in Section 1 of Article 1 of the March 26,
1986 agreement on and over its property upon which the Hatched Track is
located.
5. This Supplemental Agreement may be terminated at any time upon
thirty days' notice given by any party to the other parties hereto and, in any
event, shall ipso facto terminate upon termination of the Original Contract,
and upon any termination hereof Third Party shall discontinue use of The Track.
6. Any notice to be given by Santa Fe to Second Party or Third Party
hereunder, shall be deemed to be properly served if the same be deposited in
the United States mail, postpaid, addressed to Second Party at
No. 1 City Hall Place Pueblo, Colorado 81003 ,
and to Inird Harty at ou th Sixth Street, P. U. box 1392,
Any notice to be given by Second Harty or Ihird Harty to Santa Fe hereunder
shall be deemed to be properly served if the same be deposited in the United
` mail, postpaid, addressed to Santa Fe's General Manager at P. 0. Box
1738, Topeka, Kansas 66623.
7. This Supplemental Agreement shall be effective as of
March 26. 1986
509L/6267d/2226/1
IN WITNESS WHEREOF, this Supplemental Agreement has been duly
executed in triplicate by the parties hereto as of the day and year first
above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
B y
Its H ssisi":c t: t ter. ral A'iar_,.gsr
CITY OF R
Its Mavor
DAYTON HUDSON CORPORATION
(Target or i ' "n
By
Its esident
ATTEST:
v
City Clerk
AP D T F M
neral - Kansas
- 2 -
509L/6267d/2226/1