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HomeMy WebLinkAbout6158RESOLUTION NO. 6158 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE BURLINGTON NORTHERN RAILROAD COMPANY RELATING TO THE FOUNTAIN CREEK FLOOD CONTROL PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: CFf TTnM 1 An Agreement between the City of Pueblo and the Burlington Northern Railroad Company, a copy of which is on file with the City Clerk and incorpor- ated herein by reference, whereby the Burlington Northern Railroad Company grants advance right of entry and occupancy to the City of Pueblo for the con- struction, maintenance and use of a levee system upon their property near Pueblo, in the County of Pueblo, State of Colorado, after approval as to form by the City Attorney, be and is hereby authorized and approved. CFCTTnN 9 The President of the City Council is hereby authorized to execute said Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. INTRODUCED March 14 ,1988 By MIKE OCCHIATO Councilman ATTEST: APPR �ent kfth�eCo6`ncil Pre si City r No. &588 MECORDED MAR 31 1988 wm2391 W 545 PUEBLO COUNTY, COLORADO ^�J TEMPORARY AGREEMENT COVERING ADVANCE RIGHT OF ENTRY AND OCCUPANCY OF BURLINGTON NORTHERN RAILROAD COMPANY PROPERTY BURLINGTON NORTHERN RAILROAD COMPANY (hereinafter called "Railroad "), hereby grants permission to City of Pueblo, Colorado hereinafter called "Permittee ", to enter upon its property for the purpose of Constructing Flood Control improvements including embankment construction, riprap channel lining and channel excavation. at the East and West banks of Fountain Creek located within Sec. 31, Twp 20 -S, Range 64 West of the 6th P.M., Pueblo, Co., Colorado. 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, permit 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 7th day of March 19 88 BU tGT O RTHERN RAILROAD COMPANY By Division Superintendent Witnesses: Permittee Form 16005 5 -72