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HomeMy WebLinkAboutPARKWOOD EAST - Filed OA-OTHER AGREEMENTS - 2004-08-25DUI!'LICATE ORIGINAL Underground Licsnse*,& Caunterpittt Pipeline Crossing near Fort Collins, Colorado C.D. No. 46710-3 THIS AGREEMENT, made and entered into as of the cilst day of Fe6ru r , 19?cf_, by and between UNION PACIFIC RAILROAD COMPANY, a corporation of the State of Utah (herein- after the Licensor), and CITY OF FORT COLLINS, a corporation of the State of Colorado (hereinafter the Licensee), WITNESSETH: NOW THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. Upon the execution and delivery of this Agree- ment, the Licensee shall pay to the Licensor the sum of one hundred dollars ($100.00) to cover the cost of preparation hereof. In consideration of the sum of one hundred fifty dollars ($150.00) to be paid by the Licensee to the Licensor upon the execution and delivery of this Agreement and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed, and performed, the Licensor hereby grants to the Licensee, subject to the terms and conditions herein stated, the right to construct and thereafter, during the term hereof, to maintain and operate the underground pipe line (hereinafter collectively the Pipe Line) across the property and under the track of the Licensor in the location shown by yellow line, and in conformity with the dimensions and specifications indicated, on the print dated September 2, 1983, marked Exhibit A, hereto attached. 2. The grant herein made is subject to each and all of the terms, provisions, conditions, limitations, and covenants set forth herein and in Exhibit B hereto attached and by this reference incorporated herein. 3. Before permitting any contractor on the property of the Licensor, the Licensee shall require such contractor or cause such contractor to furnish and maintain in force as long as such work shall continue upon the Licensor's property insurance on behalf of Union Pacific Railroad Company in the form and with coverage and provisions contained in the Railroad Protective Liability Form, marked Exhibit. C, hereto attached. The original of such policy of insurance in favor of the Licensor shall be furnished to the Licensee for transmittal to the Licensor's Manager - Insurance, 1416 Dodge Street, Omaha, Nebraska 68179, before starting the work. 1 4. This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. IN WITNESS this Agreement to be first herein written. Witness: Attest: App,;,, vpd As To Foim:— Giti i. Lv/n�. ',ssist ^t C'y Aito'n2y WHEREOF, the parties hereto have caused executed in duplicate as of the date UNION PACIFIC RAILROAD COMPANY, By Ge eral Manager CIT,,"F FORT COLLINS, By�� / fayor i7 ^TJ`i WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to CIT`.0 OF FORT COLINS, State of Utah, an agreement covering underground pipeline crossing near Fort Collins, Colorado; such agreement being identified in the records of the Railroad Company as its C.D. No. 46710-3; and WHER m,S, the Council of said City has said prcpesed agreement before it and has given it careful review and ccn- sideration; and WHEREAS, it is considered that the best interests of said City will be subserved by the acceptance of said agreement; THE?EFORE, 9E IT RESOLVED BY THE CCUNCIL OF THE CITY OF' FORT COLLINS .STATE OF COLORADO That the terms of the agreement submitted by Union Pacific 4ailroad Ccmoany as aforesaid be, and the same are hereby, accepted in behalf of said City; - That the Mayor of said City is hereby authorized, empowered, and directed to execute said agreement on behalf of said. City, and that the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreesont a car-4- ad cry of this resolution. STATE OF Colorado ) )SS. COUNTY OF Larimer ) I, Wanda M. Krajicek City Clerk cf the Citv of Fort Collins hereby certify that the above and fcrey-c_ng is a true, full, and correct copy of a resolution adopted by the Council of the City o£ Fort Collins at a meeting held according to law at Fort Collins on the 21st day of February 19 84 , as the same appears on file and of recora in cats office. IN TEST11IONY :. ??�OF, I have hereunto set my hand and affixed the corpora e seal of said City, this 21st day of February 1984 (SEAL) ie s. C1ty C1erl aL. t ty of :ity Fort Collins - G � Y _ n� its __ 1970+55 (� U.G. PIPED E CROSSING r CARRIER PIPE: 20.733 "DIA. (.536 " WALL THICK.) - CASING PIPE: 26 a60 STEEL(.438'WALL THICK.) CASING SEALED AT BOTH ENDS 7'BELOW B/R 3 MIN.COVER _ MUST BE JACKED OR BDRFD UNDER TRACK C - rJ C O - z __ - _.+ _.._. _ ._ .EXHIBIT "A" _ UNION PACIFIC RAILROAD COMPANY Mn Near Ft. Collins, Larimer County,Colo,Udo M.P. 21.63 — Ft. Collins Brancn �I = l � JI 5 0 To accompany agreement with City of Fort Collins, Colorado covering an underground pipeline crossing. Scale 1" = 400' Office of Director - Real Estate Omaha, Nebraska September 2, 1983 * L E G E N D* U.G. pipeline crossing shown.... YELLOW t A EXHI3IT B Section 1. LIMITA71CN AND SUBCRDINA^,ICN OF R?CFITS GRANTED. Thee :or.egoinq yranc is sun,ect an sunc:ai m.e ;� the prior and continuing right and obligation of the Licensor to use and maintain its entire property in the oe rto rmanee of its public duty as a common carrier, and is also subject to the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate rail- road tracks, signal, communication or other wire lines, pip , e lines and other facilities upon along or across any or all parts of its property, all or any of which may be freely Cone at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. The foregoing grant is also subject to all outstanding superior rights (includinq those in favor of licenseesand lessees of the Licensor's orcDerty, and others) and the right Of the Licensor to renew and extend the same, and is made without covenant of title or for quiet en]oyment.• Section 2. CC_STPUCT?CN, MAI"ITE:7ANCE AND OPERAT?C!f. The dipe Line snaii me constructea, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with Union Pacific Railroad Co. Cc=cn Standard Specitication 1029 adopted November 1949, as subsequently amended, except as may be modified and approved by the Licensor's Chief Engineer. In the event such Speci- fication conflicts in any respect with the requirements of any federal, state or municipal law or regulation, sucn requirements shall govern on all points- of conflict, but in all other respects the Specification snail apply. All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipe Line shall be done under the supervision and to the satisfaction of the Licensor. Prior to the commencement of any work in connection with the construction, main- tenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipe Line where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, includinq the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not prcceed with the work until such plans have been anoroved by the Chief Engineer of the Licensor and then only under the supervision of the Chief Engineer or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the tame of construction, maintenance, repair, renewal, ,rodi=ication, relocation, reconstruction or removal of the Pipe Line, and, in the event the Licensor provides such support, the Licensee shall Day to the Licensor, within fifteen (15) days after bills shall have been rendered therefor, all expense incurred by the Licensor in connection therewith, which expense shall include all assignanle costs plus ten percent (10%) to cover elements of expense not capable of exact ascertainment. The Licensee shall keep and maintain the soil over the Pipe Line thoroughly compacted and the grade even with the adjacent surface of the ground, Section ]. NC__CE CP CC?i`LPICZS,_rNT or WORK. } The Licensee snail aOCIzy the Licensor at least forty-eight of the commencement of an work upon }'- omr.ection (48) hours in advance construc- t -ion, maintenance, repair, renewal, :.odification,treconstructi resor in construction, relocation worhremoval the ^of -c the Pipe Line, All such work shall be prosecuted diligently to completion. Section 4. LICENSEE TO HEAR ENTIRE EXPENSE The Licensee snail near the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipe Line, including any and all expense which may be incurred by the Licensor in connection therewith for supervision or inspection, or otherwise. Section S. - =.CCAT.C.` OR REMOVAL CP ???E LLi�. Theiicense nerein grantea is subject to the needs and requirements of the Licensor in the operation of its railroad and in the Improvement and use of its property, and the Licensee shall, at the sole expense pf the Licensee, move all or any portion of the Pipe Line to soon new location or (unless the Pipe Line extends entirely across the property of the Licensor) remove the Pipe Line from such property, as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor shall find such action neces- sary or desirable. All the terms, conditions and stimulations herein expressed with reference to the Pipe Line on property of the Licensor in the location hereinbefore described shall, so far as the Pipe Line remains on the property, apply to the Pipe Line as modified, changed or relocated within the contemplation of this section. PL XSE 041.0 Page I -or S 2/77 E 'L Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. The Pipe Lineandall parts hereof within and outside of the limits of the property of the Licensor shall he -constructed -and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. - Section 7. -CLAIMS AND LIENS FOR LABOR AND MLATERIAL; TAXES. The Licensee shall fully pay for ail materials joined or affixed to and labor per- formed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipe Line, and shall not permit or suffer any mechanic's or material.man's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work .done, labor performed, or materials furnished. The Licensee shall .promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipe Line, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipe Line or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. where such tax, charge or assess m, nt may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licen- see's property upon property of the Licensor" as compared with the entire value of such property. Section B. RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensee shall take down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the construc- tion, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipe Line, then and in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employes, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatso- ever, when such injury, death, damage, loss or destruction grows out of or ar-ises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. Section 9. LIABILITY.. The Licensee: shall indemnify and hold harmless the Licensor and other companies which use the property of the Licensor, their officers, agents and employes, against and from any and all liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or against and from damage to or loss or destruction of property what- soever (including damage to the roadbed, tracks, equipment or other property of the Licensor and such other companies or property in their care or custody), when such injury, death, loss, destruction or damage is due to or arises from the bursting of or leaks in the Pipe Line, or in any other way whatsoever is due to, or arises because of, the existence of the Pipe Line or the construction, operation, maintenance, repair, renewal, modification, reconstruc- tion, relocation or removal of the Pipe Line or any part thereof, or to the contents therein or therefrom (except when caused directly and solely by the negligence of the Licensor and such other companies, their officers, agents or employes). The Licensee does hereby release the Licensor and such other companies, their officers, agents and employes, from all liabili- ty for damages on account of injury to the Pipe Line from any cause whatsoever. Section 10. TERMINATION ON NONUSER OR DEFAULT. If the Licensee does not use the right herein granted or the Pipe Line for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith terminate this Agreement. Notice of default and notice of termination may be served upon the Licensee by mailing to .the last known address of the Licensee. :MSO ?age 2 of 3 ?/77 W IkSection 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT. Within ninety (90) days after the termination of this Agreement howsoever, the Licen- see shall, at Licensee's sole expense, remove the Pipe Line from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good condition as they were in at the time of the construction of the Pipe Line. If the Licensee fails to do the foregoing, the Licensor may do such work of removal and restoration at the cost and expense of the Licensee. The Licensor may, at its option, upon such termination, at the entire cost and - expense of the Licensee, remove the portions of the Pipe Line located underneath its roadbed and track or tracks and restore such roadbed to as good condition as it was in at the time of the construction of the Pipe Line, or it may permit the Licensee to do such work of removal and restoration under the supervision of the Licensor. In the event of the removal by the Licensor of the oroperty of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any subsequent breach thereof. Section 13. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 14. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 13 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, succes- sors and assigns. PL X CM SO Page 3 of 3 08/81 June 30, 1967. EXHIBIT C For attachment to C.D. No. 46710-3 STANDARD PROVISIONS FOR GENERAL LIABILITY POLICIES RAILROAD PROTECTIVE LIABILITY FORM Including Instructions for Preparation of Policies by Companies