HomeMy WebLinkAboutResolution - 2002-R0239 - Occupancy License Agreement For Water Line - West TX Railroad Co. - 06/26/2002Resolution No. 2002-RO239
June 26, 2002
Item No. 21
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 Occupancy License
Agreement for a water 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 8 +/-2700' in Section 35, Block
AK, Lubbock County, Texas, attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 26th
ATTEST:
CQAk77���--�
Rebecca Garza, City Secretary
(� APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way A ent
APPROVED AS TO FORM:
C_
Linda Chamales
Supervising Attorney/Office Practice
gsxcdocs/Occupancy Lic Agrmnt-WT&LRCo
June 17, 2002
day of June,4 - , 2002.
MCADUGAL, MAYOR
_Occupancy License No. WTLR 020213
Page i of 4
OCCUPANCY LICENSE AGREEMENT
Resolution No. 2002-RO239
l�
This Agreement made this June 10, 2002, by and between WEST TEXAS & LUBBOCK RAHA40AD COMPANY, INC.,
whose address is P. O. 4 +,X 6 18 18 I , a I L (o 0 6 b I , successors, assigns or affiliated companies, hereinafter
collectively referred to as LICENSOR; and LUBBOCK, THE CITY OF, whose address is P.O. Box 2000, 1625 13th Street
Lubbock, TX 79457, their successors, or assigns, hereinafter collectively referred to as LICENSEE.
For valuable consideration as outlined herein, the receipt of which is hereby acknowledged, LICENSOR hereby conveys to
LICENSEE an OCCUPANCY license to construct, reconstruct, maintain, operate or remove facilities upon, along or across
LICENSOR'S Right of Way as indicated below:
A. ( ) above ground ( x) below ground
B. ( x ) water pipeline ( ) sewer pipeline ( ) gas pipeline ( ) oil pipeline
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 at or near Mile Post 8 +/- 2700' at or near Lubbock, County of Lubbock, State of Texas.
SAID OCCUPANCY to be located and described as follows:
UNDERGROUND 10" WATER PIPELINE CROSSING, placed as shown on "Licensee's Exhibit A" attach hereto and
made a part hereof. ("LICENSEE'S Facilities"). LICENSEE'S Facilities are subordinated to all matters of record.
LICENSOR reserves the right to use the area three (3) feet below ground level and to enter LICENSEE'S Facilities for
construction and maintenance.
LICENSEE, 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 LICENSEE'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 LICENSOR'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 LICENSOR, its successors or assigns, to terminate this License
Agreement and to order the removal of LICENSEE'S use and facilities. The conditions are as follows:
1. Said License is granted contingent upon payment to LICENSOR of ANNUAL license fees of $400.00, and one-time
agreement processing fees of $600.00 and engineering observation fees of $600.00. LICENSOR reserves the right to adjust
the rent on each anniversary date of this agreement, or at such other times as conditions warrants. 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 forth above is (1) materially changed, (2) terminated or (3) the structure(s) removed, this
License shall automatically terminate.
3. This License or the use herein granted may not be transferred, assigned or sublet to another party not signatory hereto
without the prior written approval of LICENSOR. Said approval by LICENSOR, subject to LICENSEE'S satisfaction of
applicable transfer of rights or assignment fees in effect at that time, shall not be unreasonably withheld.
Occupancy License No. WTLR 020213
Page 2 of 4
4. LICENSEE shall reimburse LICENSOR for any expense incurred in protecting its tracks and/or other facilities during the
construction, use and maintenance of LICENSEE'S Facilities covered by this Agreement.
5. LICENSOR shall not be responsible for any damage to LICENSEE'S Facilities before, during or after construction.
6. All construction work on LICENSOR's property shall be performed by LICENSOR, or a contractor approved by
LICENSOR and, if performed by an approved contractor, shall be done under the supervision of LICENSOR or its authorized
representative.
7. Before constructing said Facilities, LICENSEE 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. LICENSEE shall secure written approval by
LICENSOR of plans and/or specifications submitted to LICENSOR prior to the commencement of any construction or use.
8. When construction is to be done by a LICENSOR approved contractor, LICENSEE shalljive no less than 72 hours written
V3 • Q��
notice to LICENSOR'S (; fq pi Szi W. i;ROwd►JnV;�2o�JN�►d4,7� 79�� _C ob) or ;uch othger location as LICENSOR may
-- - — -
designate from time to time, before the construction or installation work shall be commenced by said approved contractor. If
LICENSEE is a public utility wire or pipeline operator, LICENSEE 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 LICENSOR'S Executive Officer or his
designated representative. Provided, however, SAID THIRD PARTY CONTRACTOR SHALL COMMENCE NO
WORK UNTIL IT HAS FIRST OBTAINED A FULLY EXECUTED CONTRACTOR OCCUPANCY/ACCESS
LICENSE AGREEMENT FROM LICENSOR.
9. LICENSEE'S Facilities shall be installed at the sole risk, cost and expense of LICENSEE, 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 LICENSOR's designated representative shall not, in itself, be considered acknowledgment that said
project is in conformity with said standards.
10. (a) LICENSEE HEREBY AGREES TO INDEMNIFY TO THE EXTENT PERMITTED BY LAW, SAVE AND HOLD
HARMLESS AND DEFEND LICENSOR, AND RAILAMERICA, INC., THEIR RESPECTIVE OFFICERS, DIRECTORS
AND EMPLOYEES FROM ANY AND ALL ACTIONS AT LAW, CLAIMS, DEMANDS, LOSSES, DAMAGES, SUITS,
FINES, PENALTIES, BY LICENSEE 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 LICENSEE'S ACTIVITIES HEREUNDER, INCLUDING BUT NOT LIMITED TO THE
SUBSEQUENT USE AND OCCUPANCY OF LICENSEE'S FACILITIES BY LICENSEE, 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
WARNINGS OR OTHER NOTICES TO LICENSEE'S EMPLOYEES OR 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
Occupancy License No. WTLR 020213
Page 3 of 4
HOLD HARMLESS LICENSOR FROM ANY AND ALL CLAIMS ALLEGING ANY FAILURE TO PERFORM SAID
DUTIES.
11. LICENSEE shall name LICENSOR, and RAILAMERICA, INC., their respective officers, directors and employees, as
additional insured for all risks, (including, if applicable, fire and explosion due to LICENSEE'S crossing(s), in an amount not
less than Two million and no/100 dollars ($2,000,000.00) per occurrence, Six million and no/100 dollars ($6,000,000.00)
aggregate liability and, prior to any construction project, a policy of Railroad Protective Liability Insurance in the amount of
Two million and no/100 dollars ($2,000,000.00) per occurrence, Six million and no/100 dollars ($6,000,000.00) aggregate.
Each policy shall be endorsed to provide a minimum of 10 days advance notice of cancellation to said additional insured.
LICENSEE 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, LICENSOR may require increases in liability coverage to
equal or exceed LICENSOR'S own level of Liability coverage, having regard for the circumstances. LICENSOR shall further
have the right to approve the Carrier fiunishing such coverage. Evidence satisfactory to LICENSOR'S General Counsel of
LICENSEE'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 LICENSEE'S liability to the amounts of insurance required.
12. If required by LICENSOR, LICENSEE at its sole cost and expense, shall, upon completion of the construction and
installation of said Facilities, furnish LICENSOR 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.
13. Said Facilities shall be installed to the satisfaction and approval of LICENSOR'S Engineer and all costs of LICENSOR'S
Engineer and other technicians or professional consultants as may be required from time to time shall be borne by LICENSEE.
14. LICENSEE hereby agrees to reimburse LICENSOR for any and all expenses LICENSOR 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 LICENSOR'S invoice for payment.
15. In the event LICENSEE 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 LICENSOR. LICENSEE 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 LICENSEE, its successors or assigns; except, LICENSOR shall have access as it deems
appropriate from time to time.
17. This agreement shall continue in force indefinitely from and after the date hereof, subject, however, to the right of either
party to terminate this agreement as to the entire FACILITIES and all of the facilities of LICENSEE, or any part thereof, at any
time, or from time to time, as it may require, upon giving the other parry thirty (30) days' notice in writing of its desire to
terminate this agreement, and indicating in said notice the extent of said facilities and facilities to which such termination shall
apply. When this agreement shall be terminated as to the entire facilities and all of the facilities of licensee, or as to any part
thereof, licensee within thirty (30) days' after the expiration of the time stated in said notice, agrees at its own risk and expense
to remove said facilities from the property of railroad, or such portion thereof as railroad shall require removed, and to restore
the railroad premises to a neat and safe condition, and if licensee shall fail to do so within said time, railroad shall have the
Occupancy License 40. WTLR 020213
Page 4 of 4
right, but not the duty, to remove and restore the same, at the risk and expense of licensee. Nothing he: cin contained shall be
construed as conferring any property right on licensee.
18. Upon termination of this Lic=se for any reason, all structures and alterations shall be removed from LICENSOR'S
property and said property shall be returned to a physically and environmentally whole condition to the satisfaction of
LICENSOR'S designated Officer or Representative, all at the sole cost and expense of LICENSEE. This clause shall survive
termination of this Agreement.
19. 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 betwe= the parties or their
predecessors.
THIS AGREEMENT IS hereby declared to be binding upon the parties hereto.
IN WITNESS W IEREOF, the undersigned have hereunto set their hand and seals this 26th day . of
June 20 02
WITNESS LICENSOR
uJ R
WEST TEXAS & LUBBOCK RAIL O1NIPANY, INC.
Cw by: ! iWkkgg �s R E �s►a t+ -y
its: t %rri- mA4Ke,T►Pf.
Signed:
WITNESS LICENSEE
ATTEST:
LUBBOCK, THE CITY OF
by:
Rebecca Garza, �CitySecretary
its:
APPROVED AS TO CONTENT:
/? Signe
Ed Bucy, Right-of_WaAgent
MARC MCDOUGAL
APPROVED AS TO FORM:
Linda Chamales
Supervising Attorney/Of f i,ce P ra.ct i.ce.
'Peoa - 1.U6001
=;*, NTERSTATE &wwww mo. wTumoz.13
MANAGEMENT GROUP, INC.
"Rail Property Management"
APPLICATION FOR PIPELINE CROSSING OR PARALLELISM OF PROPERTIES AND TRACK
Name of Applicant:
City Of Lubbock
Telephone
Number:
(806) 775-2351
Pipe Line Parallel to Track
P.O. BOX 2000
i Fax Number:
(806) 775-3344 i
Mailing Address:
1625 13th ST.
Lubbock, TX 79457
Contact Name:
Ed Bucy
Email Address:
EB ucy@mai 1 . c i , 1 ubbock. tx. us
Preferred Courier:
UPS
Number:
Yes
No
Fed Ex
Number.
Water
Nearest Railroad
8
Overnight
Delivery Address:
Ma -,mum working
pressure:
Corporate Name:
150 PSI PSI
Field Test Pressure:
State Incorporated:
PSI
Application For:
Select One
West Texas
& Lubbock, R.R
r Pipe Line Crossing
Pipe Line Parallel to Track
Both
(X)
Underground
Lubbock
State:
TX
Ci
Product to be
Flammable?
Yes
No
Conveyed:
Water
Nearest Railroad
8
Distance and direction =0270(
Ma -,mum working
pressure:
150 PSI PSI
Field Test Pressure:
100
PSI
Proposed Date of
Quarter, Section, Township
Sec.
Crossing Will Be
(_)
(X- )
I
(- )
Installation:
U)
1 2-18-02
If Yes, Name
For: Select One
Transmission
Distribution
Service
T A!'� ► TTAAT
Railroad Name:
West Texas
& Lubbock, R.R
Nearest
Lubbock
County
Ty
Lubbock
State:
TX
Ci
Nearest Railroad
8
Distance and direction =0270(
Feet N S E W
Mile Post:
nearest Railroad MileP
Quarter, Section, Township
Sec.
35 B L K. A- K
and Range:
Is Crossing Within a Public
U)
I (X.)
If Yes, Name
Road Right -Of Wav?
Yes
No
of Road:
US DOT Railroad
Total Length of Pipe on
CrossingNumber:
676170M
Railroad Ri t-Of--Wav:
100 feet
Page 1ofI
.k
INSTAT T --TONT DATA
U'YDERGROUND PIPE LINE DATA
1
If* Parallelism, Distance of Pipe Line Parallel to Railroad Tracks:
Angle of Pipe Crossing the Track: 9a Decrees Number of Tracks crossed:
1
Total Length Within Railroad Right -Of-
Way:
100' - 0"
' CASING PIPE
MATERIAL
Location of shut off valve:
Alley a t Santa Fe Drive
U'YDERGROUND PIPE LINE DATA
1
vim
( Yes
(_} No
If Yes, Contractor will be:
Rink's Lease Service, Inc.
CARRIER PIPE
' CASING PIPE
MATERIAL
10" PVC C-900
16" A35
,MATERIAL SPECIFICATIONS AND GRADE
C-900 Pressure i e
11NlMUM YEiLD STRENGTH OF MATERIAL (PSI)
MILL TEST PRESSURE
INSIDE DIAMETER
WALL THICK-NiESS
minimum .793
.375
11.10
16.75
OUTSIDE DIA:vIETER
TYPE OF SEAM
LAYING LENGTHS
20,
t
Gaskete Rubber �
Welded
IOENTS
NUMBER: SIZE:
HEIGHT ABOVE GROUND:
BOTH ENDS?
U YES U NO ` ONE END? I
U YES (—) NO
IBURY:,B�aseafRail
BURY: Not
BURY: Below
Roadway Ditchsing:
Ft h
Beneath Tracks:
InIC
PROTECTION:
(, YES iv0
PROTECTIVE COATING:
�YES(X
UO
Kind:
Type, size, and spacing of insulators or supports:
MSTLNG AGREEMENT
is there an Existing Agreement at this Location With the Railroad Company, which will be effected by this Request?
Yes 1 ( No I If Yes, List Agreement Number.
Will Line Exclusively Serve Lessee of Railroad? U Yes {�� No
If Yes, List Name of Lessee:
rn�7�r� A r" rr%n
vv:. a a�caa. a
Will Construction be by a Contractor other than Applicant?
vim
( Yes
(_} No
If Yes, Contractor will be:
Rink's Lease Service, Inc.
Mailing Address:
P.O. BOX 456 Levelland TX 79336
Mailing Address:
L_;0. `�'��� K--Ljlj wa
Page 2of2
Telephone Number:
(806) 894-7415
Fax Number:
(806) 894-3491
Contact Name:
(806) 775-2352
Email Address:
Ed Bucy
I
Describe in detail the manner and method of installation on Railroad roe Jointed PVC water pipe th ru
steel encasement. Method of boring will be wet bore - no less than 30" below ditch
or no less than 10' below track.
ROW Agent
Contact Email Address:
EBucy@mai1.c1.1ubbock.tx.us
If this application is approved, applicant agrees to reimburse Railroad for any cost incurred by Railroad incident to the installation,
maintenance and/or supervision necessitated by the installation. Applicant further agrees to assume all liability for accidents or injuries that
arise as a result of this installation.
Plans for proposed installation shall be submitted to and meet the approval of the Railroad Company before construction is begun. Material
and installation are to be in strict accordance with specifications of National Electrical Safety Code and AREMA, current edition, and
requirements of the railroad.
Mail the application, plans and drawings of the proposed project in triplicate, along with a non-refundable $600 application fee and a
eneineering review fee in U.S. funds, to:
Interstate Management Group, Inc.
P.O. Bos 2475
Orange Park, FL 32067-2475
For Railamerica, Inc. properties make checks payable to: Railamerica, Inc. For all others: Interstate Management Group, Inc.
It is recommended that any questions concerning this application should be submitted by email to IMGappsalmeonline.net All
correspondence submitted by email receive priority response. Other requests can be made by phone at (904) 264-1560.
Date:
February 13, 2002
Signature:
"
Phone Number:
(806) 775-2352
Printed Name:
Ed Bucy
Fax Number:
(806) 775-3074
Title:
ROW Agent
Contact Email Address:
EBucy@mai1.c1.1ubbock.tx.us
IMPORTANT NOTE: The following items must be submitted before this application can be
processed. Please place a check mark next to each of the following, acknowledging that each item is
enclosed:
Completed Application 3 Copies)
Plans and/or Drawings 3 Copies)
Engineering Review Fee Enclosed $600
Processing Fee Enclosed $600)
Page 3 of 3
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