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:
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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.
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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
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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