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Home My WebLink AboutResolution - 062774L - Pipe Line License Agreement - ATSF Railway Company - 06_27_1974K;dw RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Pipe Line License Agreement between the City of Lubbock and the Atchison, Topeka and Santa Fe Railway Company, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this27th day of June , 1974. TT EST : Treva PhilliNJ -ps,-City', ecretary- APPROVED AS TO FORM: l' Jr.,' ttorney 1� &S5 R OY BASS., MAYOR ure r SANTA FL ORIGINAL Form 16M Shmdord ' (Appruwd lay General SoRdter) 1 •: i PIPE LINE LICENSE ,.•._0 r,T",,E!�Vay. Tjr..A^ t. i 7th any of June between TOPEZA AND SANTF"r. RATMAY COMPANY , a ne0 awe -corporation (hereinafter called "Licensor"), party of the first part, and CITY OF JI ROCKM _ — Municipal cor oration (hereinafter, whether one or more, called "licensee"), party of the second part. 1rYMTESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct . and maintain one _ ( 1 )pipe line ^_, 25 feedin length and 6 (O. D. ) _inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE LINE"), across or along the right of way of Licensor at or near the station of Iubbockp Ltllhboalc rnunt3t. Tax" the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No AA-9lL72 , dated. .June 6- 197A . marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying water _ and shall not use it to carry any other commodity or for any other purpose whatsoever. B. Licensee shall pay Licensor as compensation for this license the sum of—_ JOne and No/-100ths Dollars - - - - - M-00) 4. : Licensee shall; at its own cost and subject to the supervision and'conitilol of Lic2rsor'e .chief en- gineer, locate, construct and maintain the PIPE LINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and property of Licensor, or the safe operation of its railroad. In cases where the Licensee is permitted un- der paragraph. 2 hereof to use'the PIPE LINE for oil, gas, petroleum products, or other flammable or highly volatile substances under pressure, the PIPE LINE shall be constructed, installed and there- after maintained in conformity with the plans and specifications shown on print hereto attached in such cases, marked Exhibit B and made a part hereof. If at any time Licensee shall, in the judgment of Li- censor, fail to perform properly its obligations under this paragraph, Licensor may, at its option, itself perform such work as it deems necessary for the safe operation of its railroad, and in such event Licensee agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to perform the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. 6. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to sup- port Licensor's tracks and for flagman to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all Ioss, damage or expense that Licensor may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such foss, damage or expense arising out of (a) loss or or damage to property, (b) injury to or death of per- 60ns, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants here- in contained Licensor may at its election forthwith revoke this license. S. THIS LICENSE is given by Licensor and accepted by Licensee Capon the express condition that the same may be terminated at any time by either party upon ten (10) days' notice in writing to be served upon the other party, stating therein the date that such termination shall take place, and that upon the termination of this license in this or any other manner herein provided, Licensee, upon demand of Licen- sor, shall abandon the use of the PIPE LINE and remove the same and restore the right of way and tracks of Licensor to the same condition in which they were prior to the placing of the PIPE LINE there- under. In case Licensee shall fail to restore Licensor's premises as aforesaid within ten (10) days after the effective date of termination, Licensor may proceed with such work at the expense of Licensee. No termination hereof shall release Licensee from any liability or obligation hereunder, whether of indem- nity or otherwise, resulting from any acts, omissions or events happening prior to the date the PIPE LINE is removed and,the right of way and track of Licensor restored as above provided. 9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on which the PIPE LINE is located, or the sale or abandonment by Licensor of said premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly, served U it be deposited in the United States Mail, postage prepaid, addressed to Licensee at P. O. Box 20OQo Lubbock Texas 29457 Any notice to be given: hereunder by Licensee to Licensor shall be deemed to bo properly served if the eame be derpoefted.in the United Lates Mail, postage premed, addressed to Licensor's Division Superintendent At_ 900 Polk Street. Ama ri3�o4--lgza 9171 _•. 11. In the event that two or more parties execute this instrument as Licensee. all the covenants and agreements of Licensee in this license shall be the joint and several covenants and agreements of such parties. - - - - - - 12. - All the covenants and provisions of this instrument shall be binding upon and inure to the bens - fit of the successors, legal representatives and assigns of the parties to the game extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licen- see, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor in each instance. - IN WITNESS 'WHEREOF, The parties have executed this agreement in duplicate the day and year $rat above written. THE-ATCHISONT, TOPEKA AND SAIM FV RAM:►AY _OatIPANY (Licensor) Approved as to Description For Y Engineering Ap roved as to form: ; tL ftem`a��'"- nJr., Cjt'y�AMP.r: CITY OrF LUBBBOCK S By -- Its (Licensee) EXHIBIT „A., TO CONTRACT SETWEEM THE fT�, T��► D SidTA ��$� l!l' PLAINS DIVISION f'�,�/�✓viE�•1' DISTh11 I AND C/Ty OF LU.�BOC.� Co G r9 I�i!'TE.0 Gr'✓`/E C'/'OSS/r�/� f>'T D.E.O. AMARILLO, TEXAS Nr" DATED: , jU.✓E' /9% Identified By 4r V fa a DIvIll"" LLD G i� �•'� .. . a fig J, s a is `'�'" s%'/! TEf_' G /i-/r G�//i f , � � ._7 �e?�/.c.+G- �`'.4'ES3 • l?t j _5 f�_S/ C',E' O S S /../ �. _O GCr :.��`il �"f� I'�//G'.,C i✓o • .t' . -': f. �,_ s%c-L y.�;'. 4f S S� rtr•''Er� fi'i✓.J .:":=/Gst/r✓ �'.:_-".�