HomeMy WebLinkAboutResolution - 3636 - Supplemental Agreement- ATSF Railway- One Time Fee & Environmental Provisions - 06_13_1991 (2)Resolution No. 3636
June 13, 1991
Item #19
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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 Supplemental
Agreement effective as of July 24, 1991, related to an original Pipe Line
License bearing Railroad Secretary's No. 16916, between the Panhandle and
Santa Fe Railway Company (now known as the Atchison, Topeka and Santa Fe
Railway Company), as Licensor, and the City of Lubbock, as Licensee, dated
July 24, 1958, for a 24 inch sewer line 550 feet in length, said
Supplemental Agreement 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 this 13th day of
ette boys, city ,)ecretary
APP OVED TO CONTENT•
i 71
D. Watson, Chief Water
Util ties Engineer
APPROV AS TO FORM:
J. r
or Fu ingim, Assistan"City
Att r ey
June
B. C. McMIN , MAYOR
, 1991.
Resolution No. 3636
June 13, 1991
Item #131015269
SUPPLEMENTAL AGREEMENT, Made this loth
day of May, 1991, between THE ATCHISON,
TOPEKA AND SANTA FE RAILNAY COMPANY, a
Delaware corporation, (hereinafter called
"Licensor"), and CITY OF LUBBOCK,
TEXAS, a municipal corporation of
Lubbock County, Texas (hereinafter
referred to as "Licensee").
R E C I T A L S:
Licensor and Licensee are now parties to an agreement dated
July 24, 1958, Licensor's Secretary's Contract No. PSF 16916, (together with
any and all modifications, supplements and amendments thereto), being
hereinafter referred to as "Original License," relating to Licensee using a
portion of Licensor's property at Lubbock, Lubbock County, Texas as a site for
a 24-inch pipeline carrying sewage.
In order to eliminate small annual billings and save both parties
administrative expense, the parties hereto desire to modify the Original
License to provide for a one-time fee and to add environmental provisions and
a provision pertaining to defense of lawsuits.
A G R E E M E N T:
1. In lieu of the annual consideration specified in the Original
License, Licensee shall pay to Licensor a lump sum payment of Two
Hundred Fifty and No/100 Dollars ($250.00).
2. The following provisions are hereby added to and made a part of
the Original License:
"Notwithstanding any other provisions of this License, Licensee
shall comply with all statutes, ordinances, rules, regulations, orders
and decisions (hereinafter referred to as "Standards"), issued by any
federal, state or local governmental body or agency established
thereby (hereinafter referred to as "Authority"), relating to
Licensee's use of the Premises hereunder. In its use of the Premises,
Licensee shall at all times be in full compliance with all Standards,
present or future, set by any Authority, including, but not limited
to, Standards concerning air quality, water quality, noise, hazardous
substances and hazardous waste. In the event Licensee fails to be in
full compliance with Standards set by any Authority, Licensor may,
after giving reasonable notice of the failure to Licensee, and
Licensee, within thirty (30) days of such notice, fails either to
correct such non-compliance or to give written notice to the Licensor
of its intent to contest the allegation of non-compliance before the
Authority establishing the Standard or in any other proper forum, take
whatever action is necessary to bring the Premises into compliance.
Licensee shall reimburse the Licensor for all costs (including but not
limited to, consulting, engineering, clean-up and disposal costs, and
legal costs) incurred by the Licensor in complying with such
Standards, and also such costs incurred by the Licensor in abating a
violation of such Standards, protecting against a threatened violation
of such Standards, defending any claim of violation of such Standards
in any proceeding before any Authority or court, and paying any fines
or penalties imposed for such violations. Licensee shall assume
liability for and shall save and hold harmless the Licensor from any
claim of a violation of such Standards regardless of the nature
thereof or the Authority or person asserting such claim, which results
from Licensee's use of the Premises, whether such claim arises in
whole or in part from the negligence or alleged negligence of the
Licensor or otherwise. Licensee, at its cost, shall assume the
defense of all such claims regardless of whether they are asserted
against Licensee or Licensor.
"Upon written notice from Licensor, Licensee agrees to assume the
defense of any lawsuit, administrative action or other proceeding
brought against Licensor by any public body, individual, partnership,
corporation, or other legal entity, relating to any matter covered by
this License for which Licensee has an obligation to assume liability
for and/or to save and hold harmless the Licensor. Licensee shall pay
all the costs incident to such defense, including, but not limited to,
attorneys' fees, investigators' fees, litigation expenses, settlement
payments, and amounts paid in satisfaction of judgments. Any and all
lawsuits or administrative actions brought or threatened on any theory
of relief available at law, in equity or under the rules of any
administrative agency shall be covered by this Section, including, but
not limited to, the theories of intentional misconduct, negligence,
breach of statute or ordinance, or upon any theory created by statute
or ordinance, state or federal."
This Supplemental Agreement shall be effective as of July 24, 1991.
As hereby supplemented, the Original License shall continue in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Supplemental
Agreement in duplicate as of the day and year first above written.
ATTEST:
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1598V/5808d/2826/dak
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
C
CITY OF LUBBOCK, TEXAS
8y . (: ! . ,& r' s*
Its Mayor
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