HomeMy WebLinkAboutResolution - 2160 - Agreement - ATSFRC - Engineer Survey Station 8 & 90, Lehman District - 10/10/1985JWF:rm
RFSni IITTnN
Resolution #2160
October 10, 1985
Agenda Item #19
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
to be entered into by and between said City and the Atchison, Topeka, and
Santa Fe Railway Company for right of way purposes for 45th Street, relate(
to the Plains Division, Lehman District, Doud Tract No. 9, Engineering
Survey Station 8 & 90, AGM -Engineering File No. 233221-7 of said 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 an(
be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this loth day of October , 1985.
ATTEST:
Ranette d,City Secretary
ROVED S TO CONTENT:
Larfy Hoffman, Director of Trans-
portation
APPROVED AS TO FORM:
J.1yorth Fullingim, As stant City
Attorney
AL ENRY, AYO
CONTRACT SECRETARY'S NUMBER
M
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
and
CITY OF LUBBOCK, TEXAS
AGREEMENT: Covering land desired at Lubbock, Lubbock County,
Texas, for right of way purposes for 45th Street.
DATED: October 10, 1985
Plains Division
Lehman District
Doud Track No. 9
Engineering Survey Station
8+90
AGM -Engineering File 233221-7
File: 233221-7
AGREEMENT Made as of the day
of , 19 , between THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY, a Delaware corporation
(hereinafter called "Santa Fe"), as
First Party, and THE CITY OF LUBBOCK,
TEXAS, a municipal corporation of
Lubbock County, Texas, acting herein by
and through its Mayor, hereunto duly
authorized (hereinafter called "City"),
as Second Party,
R E C I T A L S
City desires to use a certain portion of Santa Fe's property in
Lubbock, Lubbock County, Texas, upon which to maintain and use a public
road, designated as 45th Street which is agreeable to Santa Fe upon the
terms and conditions hereinafter stated.
AGREEMENT
ARTICLE I
1. Santa Fe, for and in consideration of the sum of One and
No/100 Dollars ($1.00) 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 maintaining and using a public road, license to use which is
hereby given, being shown shaded on print Chief Engineer Drawing No,
1-03967 dated May 24, 1985, hereto attached, marked Exhibit "A", and made a
part hereof.
2. Santa Fe agrees that it will, at its own expense, maintain
crossing surface within the limits of the ties, and the street -railroad
traffic control. devices installed at the cost of others; however, Santa Fe
shall be entitled to receive any contribution toward the cost of such
maintenance as may be now or hereafter made available by reason of any law,
ordinance, regulation, order, grant or by other means or sources, provided
that in the event of discontinuance of use by Santa Fe all obligations
assumed by it hereunder shall cease.
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 a site
for a public road.
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, at no expense to Santa Fe, and subject to the
supervision and control of Santa Fe's AGM -Engineering, locate and maintain
the public road 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 Santa Fe, or the safe operation of
its railroad. City shall maintain the public road, and any drainage
facilities required because thereof, in such a manner as not to permit
damage to Santa Fe's property or adjoining property. In the event of a
breach of this covenant at any time, City will, within ten (10) days after
- 2 -
receipt of a written notice from Santa Fe thereof, do whatever may
benecessary to fulfill its obligations under this section and, failing so
to do within said time, Santa Fe may do so at City's expense, bill for
which City will promptly pay.
6. That City will do no work on Santa Fe's property without
first contacting Santa Fe's Superintendent at Amarillo, Texas, and securing
his approval to proceed with the work.
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 if, at any time during the term hereof, Santa Fe shall
desire to make any use of the licensed property with which the public road
and drainage facilities will in any way interfere, including the relocation
of existing or the construction of new tracks, pole lines, wires, conduits,
etc., in which it shall have an interest, City shall at no expense to
Santa Fe, make such changes in the public road and drainage facilities as
in the judgment of the Santa Fe may be necessary to avoid interference with
the proposed use of its property.
9. That it will bear and pay the entire cost of maintaining the
public road, including any drainage facilities required because thereof,
upon the licensed premises except that portion to be maintained by Santa Fe
as covered under Section 2 of Article I.
10. That if it shall become necessary in the future
- 3 -
reconstruction and/or maintenance of said public road and drainage
facilities to make any changes or alterations in Santa Fe's right of way
fences, signal, power and/or communication pole and 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.
11. To make any and all arrangements that may be necessary to
secure the location or relocation of wire lines, pipe lines and other
facilities owned by private persons, companies, corporations, political
subdivisions or public utilities other than Santa Fe which it may be found
necessary to locate or relocate in any manner whatsoever due to the
maintenance of said public road.
12. To appoint and keep competent inspectors, engineers or other
authorized parties on the work to be done by City during the progress of
such work, and to give Santa Fe reasonable advance notice of the
performance by City or any contractor employed by City in the maintenance
or reconstruction of said public road, of any work upon, along, over or
across the right of way and tracks of Santa Fe which might render unsafe
the operation of trains on the tracks of Santa Fe.
13. That if contract or contracts are to be let by City for the
maintenance, repairs or reconstruction undertaken by it hereunder, said
contract or contracts shall provide:
A. Standard Manufacturer's and Contractor's Liability
Insurance. The Contractor shall furnish evidence
to Santa Fe that, with respect to the operations
he performs, he carries regular Contractor's
Liability Insurance providing for a limit of not
less than One Million Dollars ($1,000,000.00) for
all damages arising out of bodily injuries to/or
death of one or more persons in any one
- 4 -
occurrence, and Property Damage Liability
Insurance providing for a limit of not less than
Five Hundred Thousand Dollars ($500,000.00) for
all damages arising out of injury to/or
destruction of property in any one occurrence and
subject to that limit per occurrence, a total (or
aggregate) limit of One Million Dollars
($1,000,000.00) for all damages arising out of
injury to/or destruction of property during the
policy period.
If any part of the work is sublet, similar
insurance shall be provided by or in behalf of the
subcontractors to cover their operations.
B. Contractor's Protective Liability Insurance. The
Contractor shall furnish evidence to Santa Fe
that, with respect to the operations performed for
him by subcontractors, he carries, in his own
behalf, regular Contractor's Protective Liability
Insurance providing for a limit of not less than
One Million Dollars ($1,000,000.00) for all
damages arising out of bodily injuries to/or death
of one or more persons in any one occurrence, and
Protective Property Damage Liability Insurance
providing for a limit of not less than Five
Hundred Thousand Dollars ($500,000.00) for all
damages arising out of injury to/or destruction of
property in any one occurrence and subject to that
limit per occurrence, a total (or aggregate) limit
of One Million Dollars ($1,000,000.00) for all
damages arising out of injury to/or destruction of
property during the policy period.
C. General. The insurance, as specified in
Paragraphs A and B above, shall be carried until
all. work required to be performed under the terms
of the contract is satisfactorily completed as
evidence by the formal acceptance by Santa Fe.
14. That if it is determined necessary by Santa Fe during the
maintenance of said public road to provide flagmen and inspectors to insure
the safety of railroad operations, the cost of providing such flagmen and
inspectors will be borne by City.
15. That it will release and vacate the licensed premises
occupied by the public road, remove the public road from the licensed
- 5 -
premises and otherwise fully restore the premises to the condition in which
they existed prior to the beginning of the work herein covered, immediately
after the need for such public road ceased to exist.
16. City shall and will, and does hereby agree to, assume and
discharge, and indemnify and save harmless, the Santa Fe and the successors
and assigns thereof, from and against any and all liability, loss, damage,
cost, expense, claims, judgments, or attorneys' fees for or on account of
personal injuries to or death of persons or damage to or loss or
destruction of property, directly or indirectly caused by, due to, arising
out of, or in connection with, the maintenance, operation, use, removal or
existence of that portion of the public road herein described, except in
any instances of such events which arise out of the sole negligence of
Santa Fe; PROVIDED HOWEVER, that the City shall not and does not waive any
of its defenses to such claims as a Texas home -rule municipal corporation.
17. City will furnish, install, and thereafter maintain pavement
markings, advance warning signs, and traffic control signs in accordance
with applicable portions of the Texas Department of Highways and Public
Transportation Manual on Uniform Traffic Control Devices and will provide
traffic control during construction or maintenance operations to
accommodate work by Santa Fe.
18. City will maintain the top of the pavement of the road to
conform with the top of the rail for a distance of fifteen (15) feet on
either side of the centerline of Santa Fe's tracks.
19. That this license is made subject to all valid, existing and
- 6 -
future contracts, agreements, licenses and easements which may affect said
licensed property, covering roads, public and private; pole lines and
appurtenances; water lines, or other facilities.
20. That all of the covenants hereof shall inure to the benefit
of the successors and assigns of Santa Fe, to the same extent as to
Santa Fe.
Ar)TTr%l C TTT
1. The Santa Fe and City mutually agree that this license shall
be effective from its date, and thereafter until terminated by either party
giving to the other twenty-four (24) months' written notice of its desire
to terminate the same. Upon such or any other termination, City will
surrender possession of the licensed premises to Santa Fe.
IN TESTIMONY WHEREOF, the parties have executed this agreement, in
duplicate, of the day and year first above written.
THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY CITY OF LUBBOCK, TEXAS
By: By: Ize L,
Its: Manager -Real Estate and Contracts Ma or
ATTEST: ;e�creta�ryfo�rCity
Assistant Secretary for Railway Company
1260E/lg
- 7 -
RESOLUTION
Motion was made by
seconded by that the Mayor be
instructed to sign, on behalf of the City of Lubbock, Texas, license
agreement between The Atchison, Topeka and Santa Fe Railway Company and
City of Lubbock, Texas, covering right of way across said Railway Company's
property and installation of vehicular traffic control devices and crossing
surface for 45th Street and that a copy of said agreement be recorded in
the Minutes.
Motion carried.
Big
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
CITY OF LUBBOCK § nn
City Secretary, do hereby certify
that the above and foregoing is a full, true and correct copy of the
Minutes of the meeting of the City Council of _ /d , 19r
insofar as the same pertain to the execution of an agreement with The
Atchison, Topeka and Santa Fe Railway Company.
Given under my hand and seal of office this the Z�al day of
19 YS
City Secret y
-8-
3eM v SECY'S NO.
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND NSDANTA FE RAILWAY COMPANY
CITY OF LUBBOCK
CHICAGO. ILLINOIS
SCALE: 1 IN. TO /OQ FT.FL,qllvCHIEF ENGINEER
L-IHMSAA/ _ DIV. DESCRIPTION APPROVED
EHM_ DIST.
DATE: MAY 24, /985
I
ns'
Z —Tim
h
" 107e v
*4%-_7a14
0
ti, '�o;,, ----
0 �. 145� k 9 Iva
/V
E.S. 8 f 90
Trac k No.
75'
To End
R/W Line
DESCRIPTIO/V-
R site C017t01171n9 1,500 59.. le/ Q'S S&Wn
hereon by shodi779.
AT DOUD,
LUBBOCK COUNTY,
DIV. DWG. NO. DIV. FILE NO.
TEMS C.E. DRAWING NO. 1 - 03967
G.M. FILE NO. 23322! - 7 C.E. FILE NO.-64--W&QNQ
P. K.
U.
W
w
e.
� 2
I
CnJ�Fce
The Atchison, Topeka and Santa Fe Railway Company
Mr. Worth Fullingim
Assistant City Attorney
City of Lubbock
1625 13th Street
Lubbock, Texas 79401
Dear Sir:
A Santa Fe Industries Company
900 Polk Street, Amarillo, Texas 79171 • Telephone 806/376-5131
January 29, 1986
File: 40-1105-0.(Track 9)
Reference is made to previous correspondence concerning the
installation of the drainage structure and drainage ditch on our Lehman
District and our Track No. 9.
Enclosed, for your file, is your copy of the executed agreement
covering this structure and channel. Upon receipt of our Secretary's
Number, the number will be furnished to you for reference in future
correspondence.
Should you have any questions, please contact Mr. M. G. Stanfill
at Area Code 806/379-3032. Your continued cooperation is most appreciated.
Enclosure
5635vnt
Yours truly,
E. C. Honath
A.G.M.-Engineering
R Aye
w
CONTRACT SECRETARY # S NVmBER
c
744E ATCHISCN, TOPEKA AN SANTA FE RAILWAY COMPANY
and
CITY OF LLCOOCK, TEXAS
Relating to the construction of a drainage channel: at Railway
Lehman Di trick Track 9 E.S. 2 + Ifejt end co'Vexing right
of way for construction, use and maintemnCe Of said channel..
DATED: October 10, 1985,
Plains Di0slon
Lehman District
Track 9 E -S. + 94
File 40.110 `t`rk 9
- t
AC,REEtEN'T made tha 10th day of October !
1985, between ,ice. AT Vii, C.PM AND SANTA
AIi�AY : rY, s: Delaware corporation
here refter called 'Santa Fen), Party of t
First mart, THE ` ITY OF LUBBOCK, TEXAS, a
unici.palcorporation of Lubbock County,
Texas, acting herein by and through its Mayor,
hereunto duly authorized (hereinafter called
"City") as Second Party,
I T N E S S E T H
WHEREAS, LUBBOCK DEVELOPMEN'i, INC., a Texas corporation, has undertaken
the development of a drainage project which:ill reccessitste the construction e n oaf
a railroad bridge and a drainage channel In the vicinity of Santa FeOs Plains
.Division, Lehman District Track 3 E.S. 2 + 94, whi6h i.l.l carry drainage from
subdivision impr-ovements to properties upstream from. Santa. Fe Is Railroad.
AREAS, Sang Fe operates and maintains a railroad which, as now
situated, will be crossed by the drainage channel and will necessitate the
construction of a railroad bridge.
WHEREAS, Santa Fe is willing to undertake the construction of the
bridge and other work incidental thereto, and the 'cost of each work shall be in
accordance with separate agreement between the Sante Fe. and LUMOCK bEVELCOW
INC.
WHEREAS, Santa Fe Is agreeable to City maintaining said drainage
channel upon the terms and conditions hereinafter stated.
"EEMEN
AR €1..
I. Sants Fe, for and in consideration of the sum of One and No/100ths
Dollars ($1.00) cash tri 'it paid by City, the receipt whereof is hereby
acknowledged,, acid of the full and faithful perf"or nce by City of Its covenants
hereinafter set forth, hereby licenses City touse a certain portion of
Santa Fe's property situated at Lubbock, Lubbock County, Texas, for the purpose
of operating and maintaining a drainage charnel, the property, license to use
which Is hereby given, being shy shaded on print Chief Engineer Drawing Na
1.-03960, revised September 30, 1985, hereto attached, marked Exhibit "All, and
made a part hereof.
ARTICLE 11
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 Fesha.l not b6
liable to City for any damage of any nature whatsoever.
4. City will prepare plans and specifications for,the construction of
said drainage channel on the licensed premises and three (3) copies of plans and
specifications shall be submitted to Santa Fe for its:approval before any
contract for construction is awarded or work done on the licensed premises. No
changes in these plans and specifications are to he made without the written
approval €2f such changes by Santa Fe and the City.
5. City will, at nes expense to Senta Fe, and subject to the
supervision and control of Santa Fe, locate and maintain the drainage channel in
such a manner that It will not at any time he a source of danger to or
interference with the present or future tracks, roadbed and property of
Santa Fe, or the safe operation of Its railroad. city shall maintain the
drainage channel in such a manner as not to permit daw ge to Santa f'ig's property
or adjoining property. In the event of a breach of this covenant at any time,
It will, within ten (10) days after receipt of a written notice from Santa Fe
thereof, do whatever may be necessary to fulfil Its obligations under this
section and, failing so to too within said time, eta Fe € ay do so at Cjtyis
expense, bill for which City will promptly pay»
2
6. City assumes the entire responsibility for the operation and
maintenance of the drainage channel upon, under pr across Santa y'e's right of ,
way,
7. That if, after that original construction thereof., the maintenance
and use of said drainage channel upon said premises shall necessitate the moving
or relocati.o of any portion of Santa y'e's right -of -day fence:, or fences, pole
lines, or adjustments to tine track or any other facilities, the cast of such
moving, relocation and adJustr-tints shall be borne by City.
8 That City will do no work on Senta Fe's property without first
contacting Santa Fe's Superintendent at Amarillo, Texas, and securing his
approval to proceed with the work
9. That if contract or contracts are to be let by City for the
maintenance, repairs or reconstruction undertaken by it hereunder, said contract
or contracts shah. provide:
A.
B.
T 1 46 SwE.:# T LJ. 6Xk: 4SJi Z01 1C A.Li U I I.L,?F 4 S".. Y.4 "ri
with respect to the .operations he performs, he carries regular
Contractors' Liability Insurance providing for a limit of root
less 'than One Million DoJlers (S1,000,,OM.00) for all damages
arising out of bodily Injuries to/car death of one or more
persons in any one occurrence, and Property Damage Liability
Insurance providing for a limit of not less then Five Hundred
Thousand Dollars ($500,000,00) for all damages arising out of
injury to/or destruction of property in any one occurrence and
subject to than'limi.t per occurrence, a total (or aggregate)
limit of One Million Cellars ($1j000,000.00) for all damages
arising out of Injury to/or destruction of property during the
policy period.
If any part of the work is sublet similar insurance shall be
provided by or ;in behalf of thaw. subcontractors to cover their
operations
Contractors' Protective Uablrl'ty urance. The Contractor
S
furnish evidence to ... e Santa Fe a , With respect to
the operations `performea f'or him by subcontractors, he carries
In his own behalf regular Contractors' protective' Liability
Insurance providing for a limit ,if' not less than One Million
Dollars . ($1-,000,000.00) for all damage`s arl.sing out of bodily
injuries to/or death of cine os" more persons in any one
occurrence, and Protective Property f)amage Liability Insurance
providing for a limit of not less then Five Wired 'thousand
Dollars $500,.0) for all daages prising oct injury
to/or destruction of r p rty n any One occurrence and
subject to that licit per occurrence,a tate (car aggregate),
limit Of One Million Dollars ($l: �3.
) far all damages
arising out of in a y o/car destructie ofpr rty during the
Policy period.
C. Rail;r€ gdProtective Lf abi.l f enc Pro xt Dame and
MLS ca 3a� e tc PZ' er nsuran . fe ontra Cir Shall
furnish an origin pc3licy to the Santa Fe far and 3n behalf
Of ttt+ ca any tio#t, with respect to the Operations he or any
of his subcontractors perform, provides' the Standard Railroad
Protective ve Li i lity Policyr with coverage as outlined in
General Casualty Bulletins No ?,5$,' dated July 9 1958, No.
5, dated Fruary 19, 196.x, and NO, 165, dated August 4,
1967, issued by the Mate Board of Insurance .of Texas,
providing for Bodily Injury* Death and Property Fuge limited
to a combined amount of Two mill,10n, Dollars ($2,OW,t .00)
Per cccurr,ence, $Me subject toa total (sir aggregate) limit of
Six Null on. Dollars ($6, ,00n.0 ).
D. Genes The insurance, as specified In Paragraphs A. and S.
shave, shall be carried until all work required to be
performed under the teras of the contract Is satisfactorily
completed as evidence by the formal, acceptance by the Santa Fe.
Thensurance specified in
: as � paragraph C. above, shall be
carried until all work to be performed cin the Santa Fe's
right-of-way has been completed.
10. That no legal right of Santa Fe to mointa n, use and relocate any
railroad facilities now Located upOn the licensed pre I mises,, or to construct,
maintain, use and relocate such `track, or tracks, ar other railroad facilities'
as It may desire upon or, across the licenserrl premises shall be in anywise
affected by the giving of this license.
ll That if, at any time during the terra hereof, Santa Fe shall desire'
to make any use of the licensed property with which the drainage channel will in
any way interfere, including the relocation of existing or the construction of
new tracks, pole lines, wires, conduits, etc., in which it shall have an
interest, City shall at no expense to Santa Fa, make such changes in the
drainage channel as in the judgment of the Santa Fe may be necessary to avoid
interference with the proposed use: of its property, however, the use of the
SSSS SSSS +,n.r
property by Santa Fe will not be allowed to restrict the drainage
channel contemplated by this agreement.
1.2. City will release and vacate the licensed Premises occupied by any
or all of said dr°linage channel, remove the drainacge`chanl from the licensed
premises and otherwise fully restore the premises to the -condition in which they
existed prior to the beginnIng of the work herein cvvereo, immediately after the
need for such drainage channel ceases to exist.
13. That, Santa Fe does not assure any liability for injury to or
,damage to€
y person or property incident to or that.may arise during and in
connection with.*
N. The use, occupancy or enjoyment, in accordance with: this
agreement by City of the lands, premises and right of way
of Santa. Fe, or
B. The placement of said drainage channel, the construction
of, performance of, maintenance of or failure to properly
and safely construct, operate, maintain, repair and use
the drainage channel at the aforesai.d location. City
agrees to use, occupy and enjoy the license herein given
and to use, Improve and maintain the drainage channel. with
all reasonable diligence and precautlon to avoid damage to
or obstruction of or interference with the operations of
the railroad.
14, City will assume and will save and hold harmless the Santa Fe fry
and against any and all liability to all persons whomsoever by reason of any
injury to or death of persons or damage to property which may directly result
from or which is incident to the m.aintenance, use, operation or exi stermce of
said drainage channel on the Santa Fe's premises, or,to the restoration oIf
or
failure to restore said premises to their prior or .other condition as herein
provided, except in any`Instances of such events which arise out of the sa e
negligence of Santa Fe provided however, that the City shall not and does not
wive any of .its defenses to such claims as to Texas home rule municipal
corporation. it is Further agreed t# at If any claim or liability shall. arise
from the ,point or cone
urri:ng negligence of the parties hereto, it shall be b6rne '
by them In accordance faith State Lois. It is
Understood that it is not the
intention ref t%` parties hereto to create liabil.i.ty ' for the benefit of third
perties, but this agreement shall be for the benefit of the parties hereto.
IS. Notwithstanding any other provisions of this agreement, City shall
Comply with all applicable environmental statutes, oIrdinances, rules,
regulations and orders (hereinafter referred to as,"5tandards") issued by any
federal, state or local environmental agency (hereinafter referred to as
"Authority") relating to Cit ' r
y � �+ s use of Santa Fe s property hereunder. In its
use of the premises, City shah; take all appropriate action to achieve
compliance with all applicable, environmental Standards, including but not
limited to, Standards concerning air, water, noisa, hazardous substances and
hazardous wastes.
In the event a hazardous spill is discovered on Santa Fess property
resulting from Ci;t.y#s use and occupancy of the premises, Santa Fe shall have the
right, but not the duty, to give prompt telephone notice to City and City shat
mate immediate.,arrangements to clean up the spill in the most expeditious
manner, at its side expense, in all other situations, if, in Santa Fe's
opinion, City is not in compliance with a Standard, Santa Fe shall have the
right, but not the duty, too give written notice to City describing the alleged
noncompliance, and requesting City to correct the alleged violation, upon
receipt of such notice, City will promptly advise Santa Fe in writing of it's
proposed plans_to correct the noncompliance, or advise of its intent to contest
the applicable Standard or the alleged noncompliance before the Authority
establishing the Standard, or in any other paresp r forum. If City fails to give
Santa Fe such written notice within thirty (34) days from receipt of Santa Fe's
Notice, Santa Fe ma'y take whatever action Is necessary to protect Santa Fe, and
City shall reimburse Santa Fe for all reasonable cost incurred by Santa Fe,
- 6 -
including, with limitation fines and penalties imposed for violation of
Standards. City shall asses liability for and shall indemnify and defend Santa
Fe from any claim of violation of Standards wh 6h re 6lts'from their use of
Santa Fe's premises, regardless of negligence or alleged negligence on the part
of Santa Fe, its agent or employees, or otherwise, except damages resulting from
the sale negligence o Santa Fe; provided, however, that failure of Santa Fe or
its agents or employees, to notice or to notify My of any hazardous condition
on Santa Fe's premises, emanating from the drainage channel, shall not be deemed
to constitute negligence on the part of Santa Pe, nor shall it be raised as �
defense against Santa Fe, upon filing of a claimagainst City.
16. That. if it is determined necessary by Santa Fe, during the
construction or maintenance of said drainage channel, to provide flagmen and
Inspectors to insure the safety of railroad operations, the cost of providing
such flagmen and Inspectors.will be borne by City.
17. that this license is made subject to all valid, existing and
future contracts, agreements, licenses and easements which may affect said
licensed property, covering roads, public and private; pates and appurtenances;
water lines, or other facilities.
18. That all of the covenants hereof shall inure to the benefit of the
successors and assigns of Santa Fe, to the game extent as to Santa Fe.
ARTIgLE IIT
In c onsiderat Qn of the aforesaid license the parties mutually agree as
follows;
I. city shall maintain the drainage channel improvementsacross
Santa Fe's r4ft of way at,no expense to Santa Fe.
2. City wi.l.l. riot levy any assessment against Santa Fe for the
drainage channel and drained system cantemolated herein.
�»..
3. The Santa Fe and City mutually agrJ
ee hat this license, subject to
the provision, of Section 1 of Article 11, shall he effective from its date, and
thereafter so Iong as said drainage channel. shall be located upon the licensed
premises and maintained in accordance with the provisions of Section 5 of
Article Il hereof.
IN TES 114OW *CREOFO the parties have executed this agreement, in
duplicate$ of the clay and
year first shave written.'
THE ATCHISON, TOPFJ<A AND
SANTA FF RAILWAY MWANY
By:
Its: 61
EXECUTIVt- V"CE ('^ES'D-
CITY
By:
No Text
:.'lose
SECY'S NO.
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
LUBBOCK DEVE-LOPME/V7% INC.
CHICAGO, ILLINOIS
SCALE: 1 IN. TO /00 FT.
PLA/h/S DIV.
LEHMAN DIST.
DATE: MAY 24, /985
REV/SED : SEPTEMBER 30,117,65
E. S. /O f 70
M. P O f /070
42' 8ridpe
hi fe{Q�.e g Morn Track
DES CR iPT/OIU-
_H.G.B
_WEB
C
HIEF ENGINEER
DESCRIPTION APPROVED
1
A
-N-
40'
-"- a eQSeR'e
L ....m
70 Lubb°cK
A 5i to C0nt0ir7//7y 1600 SQ. ff more or /eS5
as Sf�Wrr hereon by 5f70dir79.
.9T DOUD..
LU880CK CDG/MTy, 7EX.9S C.E. DRAWING NO. 1 -0390
DIV. DWG. NO. DIV. FILE NO. G.M. FILE N0. 40 //OS -07-9 C.E. FILE NO.—a_ -Lk
Ps!
C>
m
x lu
yO
En
ju
r- C)
C: ON HCO N) j
CX3 N
C9o
F- ;a
q
0
0
kA
cn co C
-4
1�0 70 r—
.r-- m C-)0
0 m
0
X
Z
m