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HomeMy WebLinkAbout193716 OMNITRAX - CONTRACT - CONTRACT - 2208448 728411/14/02 M1 08:32 FAX 3033938636 BROE/OIINI 11002 CONTRACTeNO. CONTRACT FOR PIPE LINE ACROSS OR ALONG RIGHT OF WAY THIS AGREEMENT, Made and entered Into as of between THE COLORAOO AND SOUTHERN RAILWAY COMPANY, hereinafter called the "Railway", and 5W (I I= ==16 a MOLL nai._ 611MV 4AM of Nit Btate M 00MR164i. Of _. n. 96VA" —_.. Slate of 0 hereinafter called the "Licensee". —WITNESSETH:— - - 1. In consideration of Ohm /al• of rXM MUM (W.00) ' to be paid by Licensee to Railway immediately upon the execution of this agreement, and an annual rental of ice_ payable in advance, and upon the teas aad conditions hereinafterset�Iway here gmnte unto Licensee license to enter upon the premises of Railway at IRM • e and construct and thereafter maintain awes or along said premises at the sole expense of Licensoe,3r sasm sl" UW ereaelladf vwwo l..eat ere. aLM Mi Nso 1p p-Y m roils b fie cs•)a,. w popt 76444 out Poat 77.23 sad lfil lope y8.44 of t1rw. ,paL1rRT Gwpay'ts daas3� 8roa66. TbArtl (30) ilmh satsitarl aewr steel pips,. lisp erossifg with aziiy-tear (64) Fes of Tlirtl-riu (36) inch au" osdsgtat Mao lost 77.37 of the s.ilwl Cospanyrs eroiiur aramh. TbtrV (30) ScA:awitarl swex.*%iwl,tAps LU6 ansaifW wLth.samby-, ire (76), . T"41 .. .. eotox at Niu—P& t rld.55:� tba:8dlwel • .. 0a�payr!s 4 qx steoY o .., , ., min:. The sold pipe line shall be constructed and maintained in such manner and at such time or times and of such materials as shall meet with the approval of the Superintendent of Railway, and as shall not hinder, delay or endanger the operation of engines, trains, ears or business of Railway over its track or tracks now lad or hereafter laid on said promisee, or to any manna interfere with the present or future use of the said promises. The Licensee shall act enter upon said promises far the purpose of constructing, maintaining a removing Said pipe line except upon forty+fight hours' notice to Supadntendent of Railway, and then a designated representative of Railway may ovetess or inspect all of said work as It ptogrcosee, at the expense of Liconsoo, and performance of such wak shall be subject to his approval. If deemed necessary by Railway eo to do, Licensee shall, at the expense of Licensee, support the said track w tracks, as directed by Railway, while the work of constructing, maintaining or removing said pipe line is being done, If the Railway, fa Itself or on behalf of its lesseofi a g,-nfeaa, should at sty time or iron time to time find it necessary or desirable to make changes in any existing building, track, struchne, or overhead or underground Installation, a,place any additional building, track, structure, or overhead a underground Installation, on any promises. where said pipe line is located, the Licensee agrees that it will promptly, at its awn cost and expense and without cost or expense to the Railway of the Railway's lessees or grantees, upon receipt of written notice Fenn the Railway so to do, relocate, change or remove said pipe line as re- quested w requir.d by th. Railway. 11/14/02 TUIJ 08:33 FAX 3033938630 BROE/ORNI 2003 .Neer a or e F cull rla--eev. s-NI o.e IV - In the event any cathodic electrolysis or other electrical grounding system is installed in connection with said pipe line which in the opinion of Railway in my way interferes with any twin signals, telephone or telegraph lines, or other facilities of Railway, the Licensee immediately shall discontinue operation of and remove said grounding system, or take such steps a may be necessary to avoid all such interference. Licences further agrees to Indemnify and save baMless Railway from and against my damages, claims, losses, suits or expenses In my manner wising from or growing out 01 Interfasnce with the signals, refs - phone or telegraph lines of Railway by the -potation, use m existence of any such growling system. V. The Licensee further covenants and agrees at all times during the existence of sold pipe line upon the premises of Railway to keep and maintain the soil over the some thoroughly compacted, and the grade even with the adlacent munlace of the ground, and that Licensee will at all times release, protect, indemnify and save harmless Railway from all claims, demands, Judgments, loss, costs and expenses, fa Inimy to or death of any person, or lose or damage to the property of my person Or persons whomsoever (including both parties hereto and their employee), in my wMa arising from m growing out of in whole a in pat, the construction, reconstruction, maintenance, operation, repair, change, existence, use or removal of said pipe line or the subsidence of sail over the sae whether caused by the negliaence of the Railway, its servants m employes, or otherwiss. Vl. If Licensee shall well nod faithfully, comply with all the terms, covenants and conditions herein met forth on the pat of Licenses to be observed and complied with, the license herein granted by Railway shall continue In for t the full expiration of the period of one (1) yea Irani the time hereof, and there- after until terminated, upon rot less than silly (60) days' written notice by either panty hereto to the other; but If Lleenmee shall foil to perform my of the covenants herein contained, Railway shall have the right to terminate this license forthwith and without notice. Any notice herein provided for shall be Buff ioisatly given and delivered If mailed In an envelope properly stomped and addressed to Licensee. Upon the ter t- inotion of this license in my of the modes herein Provided far, Licensee shall, at its own expense, upon being notified so to do by Railway, remove said pipe line from said premises, and restore the ground to a safe and level condition, and In came o 'to failure ono to do, the Railway may at Its option, either remove the Bold pipe line from said premises at the sole expense of Licence., or disconnect the sane at points where It enters and leaves the said premises. VII. The Licensor shall not transfer or Design this license without the written consent of Railway. The said license shall be binding upon the heirs, personal representatives, successors and assigns of the parties herein. IN WITNESS WHEREOF, the Duties hereto have executed this Instrument in duplicate, the day all year first above written. ATTEST: THE COLORADO AND SOUTHERN RAILWAY COMPANY A. J. MSashss By >. iy BnEdfu A'7 1 c am @' 11a0! l t7gl.'0[ s - ( Seal) /a/ Niles T. Roues By /s/ 2fix-M Q. Jollum .APPROVED AS TO FORM: /a/ J. Ce .MT ANmgr RENTAL APPROVED: APPROVED: N. D. 8hNW)Ma _fie/ N A, GeaiLa Lon. m. Tr A t w Char raym.r OmniTRAX, INC. • 252 Clayton Street, 4th Floor Denver, Colorado 80200 Telephone 303-393-0033 Fax 303-393-0041 w .omnitraxxom City of Ft. Collins Attn: Annetta P.O. Box 580 Ft. Collins, Colorado 80522 Dear Tenant: 7.1sq November 7, 2002 �A This letter is in regard to the existing agreement referenced as Contract #300100 between Great Western Railway of Colorado and the City of Ft. Collins, dated April 5, 1966, covering a 2.57 mile longitudinal occupancy of a 30" sewer line with two crossings east of Ft. Collins. We are in process of reviewing all utility occupancies and will begin adjusting annual rentals to current market values early next year. Prior to this, one of the options we are giving our tenants is to convert the agreement from short-term with annual rental to long-term, with revised termination language and a one-time lump sum payment in lieu of future annual rentals and increases. We see this project as a "win -win" opportunity that could benefit both of our companies. From our standpoint, it will reduce the amount of resources used for invoicing and collections done annually. For you, in addition to the relieved burden of annual invoicing and remittance, this would also allow you to avoid future rent increases, as well as amend the 60-day termination language presently in place. Currently, our records show the annual rental for this agreement is $318.00, ($300 base adjusted by CPI Index), which hasn't been revised in several years. We would be willing to convert this to a one-time payment of $4,770.00, or 15 times the current annual rental. If you are interested in discussing this option further, please call me directly at the number listed above. If we have not received a response from you within 30 days from the date of this letter, we will assume you are not interested in the conversion and continue with annual invoicing. cerely, beth A. Brown International Sales Manager OmniTRAX, INC. 252 Clayton Street, 4th Floor Denver, Colorado 80206 Telephone 303-393-0033 Fax 303-393-0041 w .ornnitraxxont November 14, 2002 Ms. Ellen Switzer City of Ft. Collins P.O. Box 580 Ft. Collins, Colorado 80522 Re: Contract #300100 (previously #7284) Dear Ellen: Omm Enclosed please find a copy of the contract we discussed earlier this morning. I have also included a copy of the pipeline overview, as the Exhibits are full-sized and several sheets. Please call me if I can be of further assistance. Sincerely, t� abeth A. Brown International Sales Manager Enclosures FOP. 11E] -eEv. 6.1-.1 SHEET 1 OF 3 e B F CONTRACT NO._4,i4 — CONTRACT FOR PIPE LINE ACROSS OR ALONG RIGHT OF WAY THIS AGREEMENT, Made and entered into as of this 31th day of April , 1966 between THE COLORADO AND SOUTHERN RAILWAY COMPANY, hereinafter called the "Railway", and CITY OF FM CULLING. a runioipal earporatim of the Btato of Galornda. of Ft. 00111ua _._ _ __ _____State of. Colorado hereinafter called the "Licensee". —W1TNESSETH:— I. In consideration of the son of FIM DMIJ 8s (d50.00) * to be paid by Licensee to Hallway immediately upon the execution of this agreement, and an annual rental of OW-00 Payable in advance, and upon the terms and conditions hereinafter set forth, Railway herehy grants unto Licensee license to enter upon the premises of Railway at'wolri Ft. Coptic- Colera/b. and construct and thereafter maintain across or along said premises at the sole expense of Licensee,n serer pipe liae gr"ARKe and ensreaet.. te�,111110sether with wahelest r Cho GLM sad sit the looetleY dwm Mo `. Thirty (3*) �ineh`to`. realyetwe:(42YInOh.'erYitQry....ey,Sy'f�1,:,llw.,toetw..a..)UV-.1i. Post 77.25 and Mile Poet 78.44 of the Railway GCapenyte Greeley Branoh. Thirty (30) inch sanitary sewer steel pipe line orosaing with Sixty-four (64) Feet of Thirty-six (36) inch steal casing at tfils Poet 77.37 of the Railway u"ospanyta Greeley Branoh. Thirty (30) inoh sanitary newer stool pipe line Crossing with setesty-six (76) Feet of Thirty-six (36) inoh steel casing at Mile post 78.55 of the Railway Campanyta Greeley Branch. Ill. The said pipe line shall be constructed and maintained in such manner and at such time or times and of such materials as shall meet with the approval of the Superintendent of Railway, and as shall not hinder, delay or endanger the operation of engines, trains, cars or business of Railway over its track or tracks now laid or hereafter laid on said premises, or in any manner interfere with the present or future use of the said premises. The Licensee shall not enter upon said premises for the purpose of constructing, maintaining or removing said pipe line except upon forty-eight hunts' notice to Superintendent of Railway, and then a designated representative of Railway may oversee or inspect all of said work as It progresses, at the expense of Licensee, and performance of such work shall be subject to his approval. If deemed necessary by Railway an to do, Licensee shall, of the expense of Licensee, support the said track or tracks, as directed by Railway, while the work of constructing, maintaining or removing said pipe line is being done. . towers If the Railway, for itself or on behalf of its lesseef aesignnlou or grantees, should at Any time or from time to time find it necessary or desirable to make changes In any existing building, track, structure, or overhead or underground installation, or,place any additional building, track, structure, or overhead or underground installation, on any premises. where said pipe line is located, the Licensee agrees that It will promptly, at its own cost and expense and without cost or expense to the Railway or the Railway's lessees or grantees, upon receipt of written notice from the Railway so to do, relocate, change or remove sold pipe line as re- quested or requtr d by th Railway. Fas v. '- E115, SHEET 2OF2 Ce 5 IV. In the event any cathodic electrolysis or other electrical wounding system is installed In connection with said pipe line which in the opinion of Railway in any way interferes with any train signals, telephone or telegraph lines, or other facilities of Railway, the Licensee immediately shall discontinue operation of and remove said grounding system, or lake such steps as may be necessary to avoid all such interference. Licensee further agrees to indemnify and save harmless Railway from and against any damages, claims, losses, suits or expenses in any manner arising from or growing out of Interference with the signals, tele- phone or telegraph lines of Railway by the operation, use or existence of any such grounding system. V. The Licensee further covenants and agrees at all times during the existence of said pipe line upon the premises of Railway to keep and maintain the soil over the same thoroughly compacted, and the grade even with the adjacent surface of the ground, and that Licensee will at all times release, protect, indemnify and save harmless Railway from all claims, demands, judgments, loss, costs and expenses, for injury to or death of any person, or loss or damage to the property of any person or persons whomsoever (including both parties hereto and their employes), in any manner arising from or growing out of in whale or In part, the construction, reconstruction, maintenance, operation, repair, change, existence, use or removal of said pipe time or the subsidence of soil over the same whether caused by the negligence of the Railway, its servants or employes, at otherwise. V1. If Licensee shall well and faithfully comply with all the terms, covenants and conditions herein set forth on the part of Licenseeto be observed and complied with, the license herein granted by Railway shall continue in for t the fall expiration of the period of one (1) year from the date hereof, and there- after until terminated, upon not less than sixty (60) days' written notice by either party hereto to the other; but if Licensee shall fail to perform any of the covenants herein contained, Railway shall have the right to terminate this license forthwith and without notice. Any notice herein provided for shall be sufficiently given and delivered if mailed in an envelope properly stamped and addressed to Licensee. Upon the term- ination of this license in any of the modes herein provided for, Licensee shall, at its own expense, upon being notified so to do by Railway, remove said pipe line from said premises, and restore the ground to a safe and level condition, and in case o in failure so to do, the Railway may at its option, either remove the said pipe line from said premises at the sole expense of Licensee, or disconnect the same at points where it enters and leaves the said premises. V II. The Licensee shall not transfer or assign this license without the written consent of Railway. The said license sholl be binding upon lire heirs, personal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Instrument in duplicate, the day end year first above written. ATTEST: THE COLORADO AND SOUTHERN RAILWAY COMPANY /a/ R. J. Cunniwcbem By /a/ R Y Havkine aenern.r pGy, ne vine rrmm..lt ATT Ms V 6: CITY (W p'M CD"P! (Seal) L lc en¢ee /a/ Hiles T. 11mat By /a/ Haney 0. Johnson APPROVED AS TO FORM: /a/ J. C. Street _ c.„..m Aun.nm RENTAL APPROVED: APPROVED: /a/ H. D. Shanahan /e/ E. A. Graham Lvnd end Tnx Agent ...1. —1- Engln eel No Text