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Home My WebLink AboutResolution - 042276I - Agreement - ATSFRC - Inundation, Bike_Walk Paths, Etc. - 04_22_1976JWF /nh 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, an Agreement with the Atchison, Topeka and Santa Fe Railway Company respecting inundation, two bicycle -walk paths, two wing fences, and one 14-inch water line near Santa Fe Bridge No. 672. 9 and across tracks at or about M. P. 672 plus 4929. 4 feet to M. P. 672 plus 4723. 9 feet in Lubbock County, Texas, as shown on print attached thereto dated December 23, 1975, attached herewith uhiich 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 this 22nd day of Apri 1 , 1976. 7?v4&SS ROY BASS, MAYOR ATTEST: reva Phil ips, Ci Secretary -Treasurer APPROVED AS TO FORM: red O. Senter, Jr. ,City Attorney SANTA EE ORIGI64AL AGREEMENT, Made as of this 22nd day of April , 1976, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation, (hereinafter called "Santa Fe"), party of the first part, and CITY OF LUBBOCK, TEXAS, a municipal corporation (hereinafter called "City"), party of the second part, W I T N E S S E T H R E C I T A L S: In connection with the so-called Canyon Lakes Project, the -City plans to construct three dams along Yellowhouse Creek, which presently crosses Santa Fe's property and under Santa Fe's Bridge No. 672.9, at Lubbock, Lubbock County, Texas. City will construct Dam No. 3 in the vicinity of said Bridge 672.9 and City desires to inundate a portion of Santa Fe's property in this vicinity, and construct, maintain and use two bicycle - walk paths, two wing fences, and one water pipe line, which is agreeable to Santa Fe upon the terms and conditions hereafter stated. A G R E E M E N T: ARTICLE I 1. Santa Fe, for and in consideration of One Hundred and Fifty and No/100ths Dollars ($150.00) cash to it paid by City, the receipt whereof is hereby acknowledged, and of the full and faithful performance by City of its covenants hereinafter set forth, hereby licenses City to use a portion of Santa Fe's property situated at Lubbock, Lubbock County, Texas, for the purpose of inundation, and constructing, maintaining and using two bicycle - walk paths, two wing fences, and one 14-inch water pipe line, license to use which is hereby given, being shown on print AGM-E No. E-4-25696, dated December 23, 1975, hereto attached, marked Exhibit "A", and made a part hereof. ARTICLE II In consideration of the aforesaid license, City covenants and agrees to and with Santa Fe as follows: 1. That it will use the licensed premises exclusively as sites for aforesaid inundation, bicycle - walk paths, wing fences, and water line. c 2. That it will not let or sublet the whole or any.part of the licensed premises for any purpose whatsoever or assign this license without the written consent of Santa Fe in each instance. 3. That in case of eviction of City by anyone owning or claiming title to the whole or any part of the licensed premises, Santa Fe shall not be liable to City for any damage of any nature whatsoever. 4. That if the licensed premises, or any part thereof, cease to be used at any time for the purpose licensed, City will deliver up to Santa Fe the possession of the whole, or such part so ceased to be used. 5. That it will use the licensed premises and maintain said facilities to be located thereon in such manner as not to interfere with, hinder, or in any way obstruct the use by Santa Fe of the railroad or other property adjacent thereto. In the event of a breach of this covenant at any time, City will, within ten days after receipt of written notice from Santa Fe thereof, do whatever may be necessary to remedy such condition, and if City should fail so to do within said time, Santa Fe may do so at City's expense, bill for the cost of which City will promptly Fay• 6. That it shall at all times indemnify and save harmless Santa Fe against and pay in full all loss, damage or expense that Santa Fe may sustain, incur or become liable for, resulting in any manner from the design, construction, maintenance, use, state of repair, or presence of said facilities, including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) mechanics or other liens of any character, or (d) taxes or assessments of any kind. City further agrees that, without in any way limiting its obligations under the preceding paragraph of this Section 6, it will procure and maintain in full force and effect during the entire term of this agreement, Comprehensive - 2 - General Liability Insurance covering injury to or death of persons with limits �of $100,000.00 per person and $300,000,00 per occurrence, to partially cover City's liability and indemnity obligations under this Section 6, Article II, of this agreement. In the event said construction work on Santa Fe property is per- formed by City's contractor, City will require said contractor to procure and maintain in full force and effect during construction, Comprehensive General Liability Insurance and Contractual Liability Insurance with a combined single limit of $500,000,00, or its equivalent, to cover City's liability and indemnity obligations under this Section 6, Article II, of this agreement. 7. That no legal right of Santa Fe to maintain, use and relocate the railroad track or tracks or other railroad facilities now located upon the licensed premises, or to construct and thereafter maintain, use and relocate any additional track or tracks or other railroad facilities as it may desire upon or across said licensed premises shall be in anywise affected by the giving of this license, 8. That it will bear and pay the entire cost of designing, constructing and maintaining said facilities upon the licensed premises, including any and all costs made necessary or required by inundation of Santa Fe's property. 9. That if it shall become necessary in the future reconstruction and/or maintenance of said facilities to make any changes or alterations in Santa Fe's right-of-way fences, signal, power and/or communication pole wire lines, and/or other facilities located upon the licensed premises, such changes or alterations, if agreeable to Santa Fe, will be made by Santa Fe at City's expense, bill for the cost of which City will promptly pay. 10. That it shall, without expense to Santa Fe, drain the lake under Santa Fe's said Bridge 672.9 within five (5) days of receipt of request from Santa Fe and keep the said lake drained as long as necessary for Santa Fe to perform re- quired inspection, maintenance and/or construction without interference of the lake. 11. That this license is made subject to all existing contracts, agree - meats, licenses and easements which may affect said property, covering roads, public or private; pole lines and appurtenances; pipe lines or other facilities. 3 - 12. That all the covenants hereof shall inure to the benefit of the successors and assigns of Santa Fe, to the saute extent as to Santa Fe. The parties mutually agree that this license shall be effective from its date, and thereafter until terminated by either -party giving to the other six (6} months' written notice of its desire to terminate the same. On such or any other termination, City will surrender possession of the licensed premises to Santa Fe. . IN TESTMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day and year first above written. THE ATCHISON, TOPM AND SANTA,.FE RAILWAY COMPANY The A. T. £Y S. r. F.y. Co. Description 1 graved By. Its Assistant to General Manager For AGAI - Engineering Western Lines ��oco�s�' to MrK CITY OF LUBBO , By. 4:Ma+x1 Aiteri+aey Its Mayor R red as to form: Fred Q. 5@flttll, Jti., t,•� 14rwine f - 4 -