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HomeMy WebLinkAboutResolution - 6264 - License Agreement - Lubbock Railroad Company Inc - Sewer Line Across Railway - 04_22_1999Resolution No. 6264 Item No. 19 April 22, 1999 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: l THAT the Mayor of the City of Lubbock BE and is hereby authorized and j directed to execute for and on behalf of the City of Lubbock a License Agreement for a sewer line across railway property by and between the City of Lubbock and the West Texas and Lubbock Railroad Company, Inc, to be constructed, owned, operated and maintained by said City of Lubbock across said Railroad's right-of-way at Seagraves Subdivision at Railroad mile post 0.95 in the Southeast '/4 of Section 19, Block A, Lubbock County, Texas, attached hereto and which shall be spread upon the minutes of the 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_ April 1999. r WINDY SI TON, MAYOR ATTEST: Kaythe Damell, City Secretary APPROVED AS TO CONTENT Ed Bucy, Right -of -Way A nt APPROVED AS TO FORM: 1 ald G. Vandiver, First Assistant City Attorney cdccdocs/WT&LRCO.res. doc March 26, 1999 %V11 R (X=upm%xN hwnsc No. WFLR -'R )Z?305 [Mee t Resolution No-6264 Item No. 19 April 22, 1999 This Agreement made this 5Ih day of March . 1999 by and between West Texas and Lubbock Railryadj Company, Inc.. whose address is 6010 Brownfield Hoghway. LlibbUC16 T1 79407its successors, assigns or affiliated companies, hereinafter collectively referred to as GRANTOR, and Pub City of Lubbock. Texas whose address is P.O. Box 2000, 1625 13th Street, Lubbock TX 79457, Telephone 806-775-2352 ,its successors, or assigns, hereinafter collectively referred to as GRANTEE For valuable consideration as outlined herein, the receipt of which is hereby acknowledged, Grantor hereby conveys to Grantee an OCCUPANCY license to construct, reconstruct, maintain, operate or remove facilities upon, along or across GRANTOR'S Right of Way as indicated below A. ( ) above ground ( x) below ground B. ( x ) sewer pipeline O drain ( ) wire line O communications line ( ) private road crossing including necessary appurtenances and other related fixtures, equipment, marker posts, electric power, which may from time to time be required, with the right of ingress and egress for the purposes of this grant, in, under, upon, over or across railroad property located on private railroad PEonerty near Avenue X on Seagraves Subdiyision at RA91road Mile Post 0.95 ± in SE 114 of Sls 19, Blk A/19 at or near Lubbock, County of Lubbock • State of Texas SAID OCCUPANCY to be located at or near Railroad Valuation Station 50+30 ±, and described as follows: One 15 inch PVC SDR 35 sewer line, 0.43 inch wall thickness, working pressure 10 PSi, encased in 21-inch steel A 36 Grade pipe, minimum wall thickness of 0.312 (5/16) inches with cathodic protection or 0.375 (318) inches without cathodic protection, the top of said casing to be no less than Seven feet Six Inches (7'6") below the bottom of Railroad's ties. Length of the line and casing on railroad property 90 feet. Line crossing parallel to center line of public road right of way. Installation to dry -bored. Bore pits to be located no closer than 25 feet from the nearest outside track rails, measured at a right angle to said rails, all located as shown in Grantee's drawings included in Exhibit A attached hereto. GRANTEE, after completion of construction or termination of OCCUPANCY, at its sole cost, hereby agrees to restore in a good and workman like manner all property disturbed by Grantee's use or construction or maintenance activities from the date of execution of this document. Said restoration shall include, but not be limited to, any and all harm, damage or injury done to GRANTOR'S property and/or to any other Public or Private property by acts or occurrences subject to Federal, State or local environmental enforcement or regulatory jurisdiction, and shall include necessary and appropriate testing and cleanup. THE UNDERSIGNED FURTHER AGREE the continuation of the OCCUPANCY AND USE herein shall he subject to the following conditions: the default upon same could cause GRANTOR, its successors or assigns, to terminate this License Agreement and to order the removal of GRANTEE'S use and facilities. The conditions are as follows I. Said License is granted contingent upon payment of one-time fee of Fifteen hundred and n0/100 dollars 1$1500.001 to GRANTOR, along with agreement processing fee of Two hundred and fifty li /0 100 dollars ($250.00). to Ra'lt America, ine. Billing or acceptance by Railroad of any rental shall not imply a definite term or otherwise restrict either party from canceling this Agreement as herein provided. 2. In the event that the = as set forth above is ter ,?d or the structure(s) remrvPri th; t i, tarn^�r,9" 3 This License may not be transferred or assigned without prior written approval of GRANTOR, said approval shall not be unreasonably withheld. 4. GRANTEE shall reimburse GRANTOR for any expense incurred in protecting its tracks and/or other facilities during the construction, use and maintenance of the Facilities covered by this Agreement. Nk-n,R Occupancy hoense No 1A�TLR -C.R ra rs pa#c 2 5 GRANTOR shall not be responsible for any damage to GRANTEE'S Facilities before, during or after construction. & All construction or maintenance work on GRANTOR'S property shall be performed by GRANTOR, or a contractor approved by GRANTOR and, if performed by an approved contractor, shall be done under the supervision of GRANTOR or its authorized representative. Provided, however, prior to any work being done, Contractor shall first procure a Contractor Occupancy Permit from GRANTOR, T Before constructing said Facilities, GRANTEE shall, at its sole cost and expense, obtain all necessary authority there for from any public authorities having, jurisdiction in the premises, and shall thereafter observe and comply with the requirements of such public authority or authorities and all applicable laws and regulations. GRANTEE shall secure written approval by GRANTOR of plans and/or specifications submitted to GRANTOR prior to the commencement of any construction or use. 8. When construction or maintenance is to be done by a GRANTOR approved contractor, GRANTEE shall give no less than 72 hours written notice to GRANTOR'S Executive Officer at the Watson Siding Operations Center, or at such other location as GRANTOR may designate from time to time, before the c construction or installation work shall be commenced by said approved contractor. GRANTEE shall give Like notice, except in emergency cases, before any maintenance, renewal, relocation, alteration, changing and removal is performed-, provided, however, that all such work shall be done at such time or times and in such manner as shall be satisfactory to GRANTOR'S Executive Officer or his designated representative. 9 The aforesaid Facilities shall be installed at the sole risk, cost and expense of GRANTEE, in accordance with American Railway Eneineering Association Specifications or other Industry Standard Specifications as may apply or be appropriate for the use intended. Said specifications are incorporated herein and made a part hereof by reference. Approval of plans or completed work by GRANTOR'S designated representative shall not, in itself, be considered acknowledgment that said project is in conformity with said standards. 10. (a) GRANTEE hereby agrees to indemnify, save and hold harmless and defend GRANTOR , AND RAILAMERICk INC., from any and all actions at law, or otherwise, by GRANTEE or any other party to recover actual or punitive damages for death, bodily injury, personal injury or property damage which may result directly or indirectly from GRANTEE's construction project or subsequent use and occupancy of GRANTOR's properly by GRANTEE, its permittees, invitees or any other person. (b) The parties acknowledge that the use of Licensor's premises is for the sole convenience of Licensee and that Licensor shall have no duty to Licensee, its officers, employees, agents or contractors, to provide a reasonably safe place in which to work, to provide adequate or safe methods and equipment for their work or to inspect or maintain Licensee's facilities for said safe methods and work equipment nor to give any notices or warnings to Licensee's employees, business invitees regarding safety either of Licensee's facilities and related workplace or Licensor's proximate railroad operations and that all such duties shall be assumed by Licensee who further agrees to defend and hold harmless, Licensor from any and all claims for any failure to perform said duties. 11. GRANTEE shall name GRANTOR, and RA,ILAIMERICA, INC., as additional insureds for all risks, (including, if applicable, fire and explosion due to GRANTEE'S pipeline crossing(s), in an amount not less than TWo MQon and no/ I00 dollars (,SZ 000,000.00} liability and a policy of Railroad Protective Liability Insurance in the amount of Two rtiLon and no/100 dollars (,$2=000.M.00) . Each policy shall be endorsed to provide a minimum of 10 days advance notice of cancellation to said additional insureds. GRANTEE shall furnish a certified policy of insurance prior to the construction period. Said coverage shall remain in force for the duration of this Licensed Occupancy. Provided, however, GRANTOR may require increases in liability coverage, having regard for the circumstances. GRANTOR shall further have the right to approve the Cartier furnishing such coverage. Evidence satisfactory to GRANTOR'S General Counsel of GRANTEE'S authorized self insurance program capable of providing for such limits, will be accepted in lieu of a policy from a commercial carrier. This CLAUSE shall not serve in any way to limit GRANTEE's liabil:­ amounts of insurance required. 12, GRANTEE at its sole cost and expense, shall, upon completion of the construction and installation of said Facilities, furnish GRANTOR with a survey drawing, showing the final exact location of said Occupancies as constructed and indicating the Railroad survey valuation station which said installation is located, and/or the position of the installation in relation to the center line of the track and/or the centerline of the closest public street crossing said tracks. Said survey drawing to be attached to this License Agreement as Licensee's Exhibit "B" and made a part hereof. WTLR tlxupam) License No. M { $ CR990305 pagc 3 13. Said Facilities shall be installed to the satisfaction and approval of GRANTOR'S Engineer and all costs of GRANTOR'S Engineer and other technicians or professional consultants as may be required from time to time shall be borne by GRANTEE. 14. GRANTEE hereby agrees to reimburse GRANTOR for any and all expenses GRANTOR may incur or be subjected to, or in consequence of, the planning, negotiation, installation, construction, location, changing, alteration, relocation, operation or renewal of said Facilities, within thirty (30) days after receipt of GRANTOR'S invoice for payment. 15. In the event GRANTEE shall at any time desire to make changes in the physical or operational characteristics of said Crossing, it shall first secure in writing, the consent and approval of GRANTOR. GRANTEE agrees that such changes shall be made at its sole risk, cost and expense and subject to all the terms, covenants, conditions and limitation of this License Agreement. 16. No other use shall be made by anyone under, across, upon and/or over the occupancy herein described, without obtaining the prior written permission of GRANTEE, its successors or assigns, except, GRANTOR shall have access as it deems appropriate from time to time. 17. Upon termination of this License for any reason, all structures and alterations shall be removed from GRANTOR'S property and said property shall be returned to a physically and environmentally whole condition to the satisfaction of GRANTOR'S designated Officer or Representative, all at the sole cost and expense of GRANTEE. This clause shall survive termination of this Agreement. 18. Execution of this Agreement shall supersede and/or cancel, as of the date first above written, any and all previous agreements, if any, related to the Occupancy and Use herein described, which may exist between the parties or their predecessors. THIS AGREEMENT IS hereby declared to be binding upon the parties hereto. IN WITNESS WHEREOF, the undersigned have hereunto set their hand and seals this day of I9 WITNESS W ESS: ATTEST: AN�& Kayt 'e Darnell cretar APPROVED AS TO CONTENT: Ed Bucy, Right —of— y Agent GRANTOR West Texas and Lubbock Railroad Company, Inc. by: its: Signed: GRANTEE City of Lubbock, Texas by: WTNDY SITTON Its MAYOR ^ Signed:' J APPROVED A5 0 FO r and 4v, ssistant City Attorney WI I A ( )mUponci I .wen4c No W l l�)W CIS rultc 4 EXHIBIT A Sewer Line Crossing City of Lubbock End of Avenue t - NQ Road Crossing Exibil 'includes railroad location map and Grantee's maps and application form / C A J O v n 1r 4 JO)t-C (PMac QD 14 tj % * 4 t + + + C s NOTE: // s, FOR PARCELING WEST OF FIRST STREET SEE R/W MAP 12204 \hd Mr. D. G. McInnes, General Manager The Atchison, Topeka and Santa Fe Railway Cwpany P.O. Box 1738 Topeka, Kansas 66628 Dear Sirs We . submit for your approval, in duplicate, 'the following specifications for a pipe line we propose to build across The Atchison, Topeka and Santa Fe Railway oanpa m tight -or -way, as shun on enclosed sketch. treg:rl i mme of company ox municipality who will owq the pipeline LubkgSh a e In wMch lakutpood TeKas If not incorporated, correct Fame-ofFZW—of owners or pEU—wa: Telephom (AC $o6 ) 7Z5-23 2 _ LOCation or proposw cross" ,� , _ � 1 Naiae of nearest town On Santa Fe ub ck Name of nearest roadway crossing5anta Fe Avenue Camssing within limits of public read ors t - Yes OM CASING QDntent! to be handled through pipe • . • Sewage ..••_—• Length of pipe an Ry. Co. property t. 90 ft. (Plastic pipe must be encased full width of sight-o -wayr` Inside diameter of pipe . . . . . . . . . . . ... . 15 . 21 in. Pipe Material . . . . . . . . . . . a PVC Steel Specification 4 grade (Min. yield strength casing 35,000 psi.) SDR 35 A36 Mall Thickness .. . . . . . . . . . a n. 0.25_„ (Min. Mall casing pipe under 14 inches-0.188 in.) Actual working pressure . . . . . a . a . • . • • . 10 PSI Type of joint - (Imechertical or welded type) • . e b 5 p l go t welded LongitaUstal Joint FactorN18 �"' t ti� • . • . r • a ■ . . • • . • • • . ■ • • . • None None Distance ease of rail to top of pipe. . o f ft. (Flaraaeble contents, steam, rater or can-flaarnabsa - t. er . main trade) (under seoon dory tracks - 4 3l2 ft. ) MAIWO Wourd cover on Ry. Co. property . . .. . 5.6 ft. 5.3 ft. Catnodic protection casing-(f iuma s- substance) . . ,tea Type Of inwlators or #uMpOiti wood b j ojk SiXo 1 i n . Ps Ce 11 ft, MaNber of vents N Sixe mei^ gra" (FlaaMble subs rces "Wire I ;rw;s-)+ Mc Uwd of eressim i Dry Boring x Jadc).m Trench (if trenct - Railroad fumLih—MikiMa applicants BVe— . ) (if bored or ,jacked - Trench to oiniaus d ft• tray end of ties.) (Met basing - Must be approved by Odat Engineer.) Attached to this shaet to centerlIne road crossing or this Installation or advise specifications. 973L is l cation plan and detail sketch. Give tie bridge: Please authorize us to prroceed with .ghat dw*es are necessary to Met your ry Title= i -o -W Y Agent TeleOww: 806 Z75-2352 -A $IOK4 Flats Ya told #fvd Sbf •r !1 Ilk! II. � i All' R "BAP-miq 0 .1ai K", IKE SM- I r P., F m x, ; I � P-11 �i��rnw>.�wra■ Am ;�Pal m".n!ai! le�sls! ■�.r�� �lili■*n�tirrat ,1i y dsErM BORE UNDER EXISTING RAILROAD: VERIFY WITH CITY PERSONNEL PRIOR TO ANY EXCAVATION TO ENSURE THAT ALL NECESSARY PERWS HAVE SEEN OBTAINED. PERFORM CONCRETE PAVING CUT AND REPAIR FOR 1 ON40LE INST TION 1N ACCORaANCE MTFI CiTf STREETS OEPARTWNT I�H - I o - 00 ss - I 13.5 R f; 4.02 SE 3.62 SW - NE ' ALu PLATE No. 2-A-148 (91CLUDING 2-SAp( CEUENT STABILIZED BACKFILL AND CONCREYE CAP REPAIR WATCHING THICKNESS OF EXISTING SLAB AND DOWELLED IN PUCE). ENCASE BORE IN 21- CORRUGATED STEEL POPE (OR OTHER /�,• APPROVED PPE). CONTRACTOR WY UTILIZE IS" D.I. PIPE ,',• WITHOUT ENCASEUENT IF APPROM BY Cmr ENGINEER. rti / r R POLE AS DIMATE WITH SPS R POLE AS SCALE i "= 60' MATE WITH LPL AAH - � I.1s.O ss - I 11.2 R 5.31 E 4.31s/ 4.1919 N a a3 ss-z 11.2 R S.IA E W I Q R W --�---4-X,. #.M------------------------��• 20 LF W PVC / I ST>IB 0.20% PLUG iTRAPEZOIDAL F UW OWORIY G 1.29.0SS-1 11.2 R 4.36 FL I 11 42.9 SS - I •0*00 ss- z L 11.2 R 4.93 W 4.43 S 4.37 N D1lw or C aue AND AS E MTW, SANTARv SSN �GL p C15Ew[R LKS. COORDIWE 1hTH40hL. -5 R 0 -I CERTIFICATE OF INSURANCE The undersigned officer of the City of Lubbock, Texas, a Texas Home Rule Municipal Corporation, hereby certifies that the City of Lubbock is self -insured in accordance with the laws of the State of Texas and that the self-insurance is sufficient to satisfy the insurance requirements imposed on the City of Lubbock, as agreed to under license no. WTLR-CR 990305 near Avenue X and University Avenue Railroad Milepost 0.95 in SE % of Sec 19, Blk A, Lubbock County, by and between the City of Lubbock and West Texas and Lubbock Railroad Company, Inc., regarding a license to the City of Lubbock upon the property of the West Texas and Lubbock Railroad Company, Inc. Date: r l eisa Hut peso , Risk Manager Resolution jr257Z October 22, 1987 Agenda Item #29 JCR:da RESOLUTION A RESOLUTION AMENDING RESOLUTION NO. 2481 BY REPEALING SECTION 5 THEREOF WHICH ADOPTED SELF INSURANCE COVERAGE FOR THE CITY OF LUBBOCK AS PROVIDED BY THE TEXAS MUNICIPAL LEAGUE JOINT SELF INSURANCE FUND AND IN ITS STEAD ADOPTING A NEW STATEMENT OF COVERAGE FOR THE CITY OF LUBBOCK LIABILITY SELF INSURANCE PROGRAM. WHEREAS, the City of Lubbock did heretofore by Resolution No. 2481 create the City of Lubbock's Self Insurance Fund; and WHEREAS, in said Resolution No. 2481 the City of Lubbock did adopt as its standard coverage a coverage heretofore provided by the Texas Municipal League Joint Self Insurance Fund; and WHEREAS, the City of Lubbock deems it to be in the best interest of the City of Lubbock to repeal the coverage adopted under Resolution No. 2481 and in its stead to substitute a new statement of coverage for the City of Lubbock Self Insurance Fund; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 5 of Resolution No. 2481 adopting the Texas Municipal League Joint Self Insurance Fund as the coverage document for the Lubbock Self Insurance Fund is hereby in all things repealed. SECTION Z. THAT the City of Lubbock Statement of Coverage Liability Self Insurance Program attached to this Resolution as Exhibit A and made a part hereof for all purposes is hereby adopted as the coverage to be afforded under the City of Lubbock Self Insurance Fund. SECTION 3. Save and Except as herein repealed or amended, Resolution No. 2481 shall remain in full force and effect. Passed by the City Council this 22nd day of October , 1987. B.C. McMINN, MAYOR ty Secritary APPROVED AS TO CONTENT: 9 Attachment 9 Robert Massenga a Assistant City Manager for Financial Services APPROVED AS T C- c o C. Ross, Jr., City Attorney W ]IR (Iccurane) license No. W I1A -CH 9%)305 EviLe I Resolution No-6264 Item No. 19 April 22. 1999 This Agreement made this —a.h day of March 1999 by and between West Texas and Lubbock Railroad] Cottony, Inc. , whose address is 6010 Brownfield Highway. Lubbock, TX 79407. its successors, assigns or affiliated companies, hereinafter collectively referred to as GRANTOR; and The City of Lubbock, Texas whose address is P.Q. Box 2000, 1625 13th Street, Lubbock TX 79457, Telephone $06-775-2352 .its successors, or assigns, hereinafter collectively referred to as GRANTEE . For valuable consideration as outlined herein, the receipt of which is hereby acknowledged, Grantor hereby conveys to Grantee an OCCUPANCY license to construct, reconstruct, maintain, operate or remove facilities upon, along or across GRANTOR'S Right of Way as indicated below: A. ( ) above ground ( x } below ground B. ( x ) sewer pipeline O drain ( ) wire line O communications line ( ) private road crossing including necessary appurtenances and other related fixtures, equipment, marker posts, electric power, which may from time to time be required, with the right of ingress and egress for the purposes of this grant, in, under, upon, over or across railroad property located on privllle railroad prropedy near Avenue X on Seagraves Subdivision at Railroad Mile Post 0.95 + in SE 1/4 of Sec 19. Blk AA at or near L it bbock , County of Lubbock hbock. State of Texils SAID OCCUPANCY to be located at or near Railroad Valuation Station 50+30 +, and described as follows' One 15 inch PVC SDR 35 sewer line, 0.43 inch wall thickness, working pressure 10 PSI, encased in 21-inch steel A 36 Grade pipe, minimum wall thickness of 0.312 (5116) inches with cathodic protection or 0.375 (3/9) inches without cathodic protection, the top of said casing to be no less than Seven feet Six Inches (7'6") below the bottom of Railroad's ties. Length of the line and casing on railroad property 90 feet. Line crossing parallel to center line of public road right of way. Installation to dry -bored. Bore pits to be located no closer than 25 feet from the nearest outside track rails, measured at a right angle to said rails, all located as shown in Grantee's drawings included in Exhibit A attached hereto. GRANTEE, after completion of construction or termination of OCCUPANCY, at its sole cost, hereby agrees to restore in a good and workman like manner all property disturbed by Grantee's use or construction or maintenance activities from the date of execution of this document. Said restoration shall include, but not be limited to, any and all harm , damage or injury done to GRANTOR'S property and/or to any other Public or Private property by acts or occurrences subject to Federal, State or local environmental enforcement or regulatory jurisdiction, and shall include necessary and appropriate testing and cleanup. THE UNDERSIGNED FURTHER AGREE the continuation of the OCCUPANCY AND USE herein shall be subject to the following conditions_ the default upon same could cause GRANTOR, its successors or assigns, to terminate this License Agreement and to order the removal of GRANTEE'S use and facilities. The conditions are as follows: 1. Said License is granted contingent upon payment of one-time fee of Fifteen hundred and no/100 dgllars ($1500,00) to GRANTOR, along with agreement processing fee of Two hundred and fifty no/100 dolls $250 00j, to RailArnerica. Inc. Billing or acceptance by Railroad of any rental shall not imply a definite term or otherwise restrict either party from canceling this Agreement as herein provided. 2. In the event that the use as set firth above is ter �,d or the smicturc(s) i 3. This License may not be transferred or assigned without prior written approval of GRANTOR, said approval shall not be unreasonably withheld. 4. GRANTEE shall reimburse GRANTOR for any expense incurred in protecting its tracks and/or other facilities during the construction, use and maintenance of the Facilities covered by this Agreement. A-1 t.R a kxupancy License No. W FI,R -: R 92Q101 Page 5. GRANTOR shall not be responsible for any damage to GRANTEE'S Facilities before, during or after construction. 6. All construction or maintenance work on GRANTOR'S property shall be performed by GRANTOR, or a contractor approved by GRANTOR and, if performed by an approved contractor, shall be done under the supervision of GRANTOR or its authorized representative. Provided, however, prior to any work being done, Contractor shall first procure a Contractor Occupancy Permit from GRANTOR. 7. Before constructing said Facilities, GRANTEE shall, at its sole cost and expense, obtain all necessary authority there for from any public authorities having jurisdiction in the premises, and shall thereafter observe and comply with the requirements of such public authority or authorities and all applicable laws and regulations. GRANTEE shall secure written approval by GRANTOR of plans and/or specifications submitted to GRANTOR prior to the commencement of any construction or use. S. When construction or maintenance is to be done by a GRANTOR approved contractor, GRANTEE shall give no less than 72 hours written notice to GRANTOR'S Executive Officer at the Watson Siding Operations Center, or at such other location as GRANTOR may designate from time to time, before the c construction or installation work shall be commenced by said approved contractor. GRANTEE shall give like notice, except in emergency cases, before any maintenance, renewal, relocation, alteration, changing and removal is performed; provided, however, that all such work shall be done at such time or times and in such manner as shall be satisfactory to GRANTOR'S Executive Officer or his designated representative. 9. The aforesaid Facilities shall be installed at the sole risk, cost and expense of GRANTEE, in accordance with American Railway Engineering Association Specifications or other Industry Standard Specifications as may apply or be appropriate for the use intended. Said specifications are incorporated herein and made a part hereof by reference. Approval of plans or completed work by GRANTOR'S designated representative shall not, in itself, be considered acknowledgment that said project is in conformity with said standards. 10. (a) GRANTEE hereby agrees to indemnify, save and hold harmless and defend GRANTOR , AND RAILAMERICA, INC., from any and all actions at law, or otherwise, by GRANTEE or any other party to recover actual or punitive damages for death, bodily injury, personal injury or property damage which may result directly or indirectly from GRANTEE's construction project or subsequent use and occupancy of GRANTOR's property by GRANTEE, its permittees, invitees or any other person. (b) The parties acknowledge that the use of Licensor's premises is for the sole convenience of Licensee and that Licensor shall have no duty to Licensee, its officers, employees, agents or contractors, to provide a reasonably safe place in which to work, to provide adequate or safe methods and equipment for their work or to inspect or maintain Licensee's facilities for said safe methods and work equipment nor to give any notices or warnings to Licensee's employees, business invitees regarding safety either of Licensee's facilities and related workplace or Licensor's proximate railroad operations and that all such duties shall be assumed by Licensee who further agrees to defend and hold harmless, Licensor from any and all claims for any failure to perform said duties. 11, GRANTEE shall name GRANTOR, and RAILAMERICA, INC., as additional insureds for all risks, (including, if applicable, fire and explosion due to GRANTEE'S pipeline crossing(s), in an amount not less than Two million and no/100 dollars ($2,000.000 00) liability and a policy of Railroad Protective Liability Insurance in the amount of TwQ million and no/100 dollars (12 000-000 00) . Each policy shall be endorsed to provide a minimum of 10 days advance notice of cancellation to said additional insureds. GRANTEE shall furnish a certified policy of insurance prior to the construction period. Said coverage shall remain in force for the duration of this Licensed Occupancy. Provided, however, GRANTOR may require increases in liability coverage, having regard for the circumstances. GRANTOR shall further have the right to approve the Carrier furnishing such coverage. Evidence satisfactory to GRANTOR'S General Counsel of GRANTEE'S authorized self insurance program capable of providing for such limits, will be accepted in lieu of a policy from a commercial carrier. This CLAUSE shall not sen�e iry any way to limit GRANTEF's ':;61' amounts of insurance required 12. GRANTEE at its sole cost and expense, shall, upon completion of the construction and installation of said Facilities, furnish GRANTOR with a survey drawing, showing the final exact location of said Occupancies as constructed and indicating the Railroad survey valuation station which said installation is located, and/or the position of the installation in relation to the center line of the track and/or the centerline of the closest public street crossing said tracks. Said survey drawing to be attached to this License Agreement as Licensee's Exhibit "$" and trade a part hereof. W n.R occ"ncr Liccn.w No. W E K -CR 99U30i paps 3 13. Said Facilities shall be installed to the satisfaction and approval of GRANTOR'S Engineer and all costs of GRANTOR'S Engineer and other technicians or professional consultants as may be required from time to time shall be borne by GRANTEE. 14. GRANTEE hereby agrees to reimburse GRANTOR for any and all expenses GRANTOR may incur or be subjected to, or in consequence of, the planning, negotiation, installation, construction, location, changing, alteration, relocation, operation or renewal of said Facilities, within thirty (30) days after receipt of GRANTOR'S invoice for payment. 15. In the event GRANTEE shall at any time desire to make changes in the physical or operational characteristics of said Crossing, it shall first secure in writing, the consent and approval of GRANTOR. GRANTEE agrees that such changes shall be made at its sole risk, cost and expense and subject to all the terms, covenants, conditions and limitation of this License Agreement. 16. No other use shall be made by anyone under, across, upon and/or over the occupancy herein described, without obtaining the prior written permission of GRANTEE, its successors or assigns, except, GRANTOR shall have access as it deems appropriate from time to time. 17, Upon termination of this License for any reason, all structures and alterations shall be removed from GRANTOR'S property and said property shall be returned to a physically and environmentally whole condition to the satisfaction of GRANTOR'S designated Officer or Representative, all at the sole cost and expense of GRANTEE. This clause shall survive termination of this Agreement. 18. Execution of this Agreement shall supersede and/or cancel, as of the date first above written, any and all previous agreements, if any, related to the Occupancy and Use herein described, which may exist between the parties or their predecessors. THIS AGREEMENT IS hereby declared to be binding upon the parties hereto. IN WITNESS WHEREOF, the undersigned have hereunto set their hand and seals this 23rd day of July 1999 . WITNESS GRANTOR West Texas and Lubbock Railroad Company, Inc. ` by: Ralph Iden Bonnie J. Aerr its.: assistant VP, Real Estate & Purchasing —fltQ I1111 . �SSI �t�nt. Signed: ESS: ATTEST: Kayt `e Darnell City 4geretary APPROVED AS TO CONTENT: Ed Busy, Right —of— y Agent GRANTEE City of Lubbock, Texas by: WINDY SIT1'ON its: MAYUR Signed APPROVED AS 0 FO and v Assistant City Attorney J JCR:da RESOLUTION Keso lut ion #2672 October 22, 1987 Agenda Item f29 A RESOLUTION AMENDING RESOLUTION NO. 2481 BY REPEALING SECTION 5 THEREOF WHICH ADOPTED SELF INSURANCE COVERAGE FOR THE CITY OF LUBBOCK AS PROVIDED BY THE TEXAS MUNICIPAL LEAGUE JOINT SELF INSURANCE FUND AND IN ITS STEAD ADOPTING A NEW STATEMENT OF COVERAGE FOR THE CITY OF LUBBOCK LIABILITY SELF INSURANCE PROGRAM. WHEREAS, the City of Lubbock did heretofore by Resolution No. 2481 create the City of Lubbock's Self Insurance Fund; and WHEREAS, in said Resolution No. 2481 the City of Lubbock did adopt as its standard coverage a coverage heretofore provided by the Texas Municipal League Joint Self Insurance Fund; and WHEREAS, the City of Lubbock deems it to be in the best interest of the City of Lubbock to repeal the coverage adopted under Resolution No. 2481 and in its stead to substitute a new statement of coverage for the City of Lubbock Self Insurance Fund; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 5 of Resolution No. 2481 adopting the Texas Municipal League Joint Self Insurance Fund as the coverage document for the Lubbock Self Insurance Fund is hereby in all things repealed. SECTION 2. THAT the City of Lubbock Statement of Coverage Liability Self Insurance Program attached to this Resolution as Exhibit A and made a part hereof for all purposes is hereby adopted as the coverage to be afforded under the City of Lubbock Self Insurance Fund. SECTION 3. Save and Except as herein repealed or amended, Resolution No. 2481 shall remain in full force and effect. Passed by the City Council this 22nd day of October , 1987. B.C. McMINN, MAYOR ty Secritary APPROVED AS TO CONTENT: 9 Attachment 9 Robert Massengale( Assistant City Manager for Financial Services APPROVED AS T � c o C. Ross, Jr., City Attorney WEIR Occupancy License No. W11,R �y l Ig page 4 EXHIBIT A, Sewer Line Crossing City of Lubbock End of Avenue X - big Road Crossing Exibit includes railroad location map and Grantee's maps and application form 4 Ns xxo 44 V rf e} d NOTE: /% s, FOR PARCELING WEST OF FIRST STREET SEE R/W MAP 122.04 E1 367q —p C9M •ACJwei c ^� rd a 6.m vhV -- - -- rNvt nJ/ U!D uia4+ uc oer iv , rlY. APPLICATMN FOR PIPE LINE aWSMM Mr. D. Q. Mcinnes, General Manager The Atchison, Topeka and Santa Fe Railway Cunpany P.O. Box 1738 Topeka, Kansas 6"28 Dear Sirs We . submit for your approval, in duplicate, 'the following specifications for a pipe lime we propose to build across The Atchison, Topeka and Santa Fe Railway Company right-of-way, as shorn on enclosed sketch. Le -gal now of company or muticipality who rill own the pipeline City of Lubbock Nate in which irCOrporatMTexas It not incorporated, correct name of owners or ali partners: WTA ck Telephone (AC 80) z75-2 2 Location of proposed crossing SE , rec, Trfsp A 19 -,Rng Name of nearest town on Santa r` ubbock Name of nearest roadway crossing Santa a Avenue I'VT - - - Crossing within limits of public road or street - Yes (intents to be handled through pipe . . . • . . . .-re wage Length of pipe on Ry. Co. property . . . . . . . t. 90 ft. (Plastic pipe must be encased full width or right-o -+ray Inside diameter of pipe . . . . . . . . . . . •.. . 15 Ln. 21_ in. Pipe Material . . a . . . . • . PVC Steel Specification & grade (Min. yield strength casing 351000 psi.) SDR 35 A36 Wall Thickness 0.43 n. o25 (Min. wall casing pipe under 14 inches-0.186 in.) Actual working pressure . . . . . . s . . . . . • 10 PSI Type of joint — (mechanical or Melded type) . beT1 6 spigot welded Longitudinal Joint Factor . . . . . . . N/ '� _ N/A i� 170atinq . . . . . a . . . a a . Distance Base of rail to top of pipe. None Nona Z.5 ft. 8.0 ft. (Flammable contents, steam, crater or non-flammrs as - min. 5 112 rte under main tradc.) (tinder wear dary tracks - 4 LT ft.) Hint A ground cover on Fly. Co. property . 5.6ft. 5_3_„tt. (Hiniapcn 3 ft. ) Ceithadie protection casing-`fiaramabla, sub$tance). N/A N/A Typo or lrmulators or sgpports wood b 1 oaks Sipe 1 i n . pKX 11 f t . Wwiber of vents w Site Howt above ground (Flammable subs noes require I very Method of crossity: Dry Boring x Jacking Trench (if trenched - Railroad furnish f groan art applicant s axQensa.) (Ir bored or jacked - Tree to minim 8 ft. from, w'd of ties.) (Met boring - Rnt be approved by chief Engineer.) Attadhed to this sheet to centerline road crossing or this installation or revise specifications. 973t_ Is location plan and detail sketch. Give tie bridge. Pleasm tuthorL= us to proceed with what changes are necessary to reset your Sit=: i i -o -wayAgent•�� TelephoneQAG 806 775-2352 A Set" Piste To CASH AMERICA PAWN 'larmu And Bar -0 ------- --- ------ -------aMtb - BORE UNDER EXiSTINC RAILROAD: VERIFY WITH CITY PERSONNEL PRIOR TO ANY EXCAVATION TO ENSURE THAT ALL NECESSARY PERMITS HAVE SEEN OBTAINED. PERFORM CONCRETE PAVING CUT AND REPAIR FOR MANHOLE INSTALLATION IN ACCORDANCE WITH CITY STREETS DEPARTMENT PLATE No. 2-A-148 (INCLUDING 2-SACK CEMENT STABILIZED BACKFILL AND CONCRETE CAP REPAIR MATCHNG WKNESS 01 W -1 0.00 SS- I 13.5 R 4.02 SE 3.62 SW - NE 1. 15A It.2 R CY ELEVSFELD WRFED VM RAW „ ` ccwCatr_ /. 5.31 E -' 4,315 -E— /�,' 4.19 N R POLE AS �'� M 02 DINATE WITH SPS 0 a POLE As SCALE ] "= 60' DNATE WITH LPL /I, �. fi 0.38.3 SS-2 za' 11.2 R 5,22 SW 5.12 E r- D � 2pp� J pp j}-------- a'►rrfair -------------- ------ --f-err0 PLUG AND ASMDON EXISTING S►MTARn oy $EWER LINE5. COORDINATE WITH 4UW— LITYY AND G.0 f 20 LF 12" PVC / IJ S TUB a 0.20% le PLUG MH-4 N r 3.50.0 SS-1 I 10.4 R ? iTRAP'E70CAL MONTORM FLUME 1. 29.O SS - I I1.2 R 4.36 FL 1-42.9 SS-1 L•0.00 SS-2 11.2 R 4.93 W 4.43 S 4.37 N 1 CERTIFICATE OF INSURANCE The undersigned officer of the City of Lubbock, Texas, a Texas Home Rule Municipal Corporation, hereby certifies that the City of Lubbock is self -insured in accordance with the laws of the State of Texas and that the self-insurance is sufficient to satisfy the insurance requirements imposed on the City of Lubbock, as agreed to under license no. WTLR-CR 990305 near Avenue X and University Avenue Railroad Milepost 0.95 in SE `/. of Sec 19, Blk A, Lubbock County, by and between the City of Lubbock and West Texas and Lubbock Railroad Company, Inc., regarding a license to the City of Lubbock upon the property of the West Texas and Lubbock Railroad Company, Inc. Date: - Leisa Hut peso , Risk Manager JCR:da RESOLUTION Keso lut ion g2672 October 22, 1987 Agenda Item #29 A RESOLUTION AMENDING RESOLUTION NO. 2481 BY REPEALING SECTION 5 THEREOF WHICH ADOPTED SELF INSURANCE COVERAGE FOR THE CITY OF LUBBOCK AS PROVIDED BY THE TEXAS MUNICIPAL LEAGUE JOINT SELF INSURANCE FUND AND IN ITS STEAD ADOPTING A NEW STATEMENT OF COVERAGE FOR THE CITY OF LUBBOCK LIABILITY SELF INSURANCE PROGRAM. WHEREAS, the City of Lubbock did heretofore by Resolution No. 2481 create the City of Lubbock's Self Insurance Fund; and WHEREAS, in said Resolution No. 2481 the City of Lubbock did adopt as its standard coverage a coverage heretofore provided by the Texas Municipal League Joint Self Insurance Fund; and WHEREAS, the City of Lubbock deems it to be in the best interest of the City of Lubbock to repeal the coverage adopted under Resolution No. 2481 and in its stead to substitute a new statement of coverage for the City of Lubbock Self Insurance Fund; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 5 of Resolution No. 2481 adopting the Texas Municipal League Joint Self Insurance Fund as the coverage document for the Lubbock Self Insurance Fund is hereby in all things repealed. SECTION 2. THAT the City of Lubbock Statement of Coverage Liability Self Insurance Program attached to this Resolution as Exhibit A and made a part hereof for all purposes is hereby adopted as the coverage to be afforded under the City of Lubbock Self Insurance Fund. SECTION 3. Save and Except as herein repealed or amended, Resolution No. 2481 shall remain in full force and effect. Passed by the City Council this 22nd day of October , 1987. xF B.C. McMINN, MAYOR y APPROVED AS TO CONTENT: 9 Attachment 9 Robert Massengale Assistant City Manager for Financial Services APPROVED AS T , 7—�, 4 o C. Ross, Jr., City Attorney