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HomeMy WebLinkAboutResolution - 2050 - Agreement - ATSFRC - Drainage Channel, Lehman District Mile Post - 06/14/1985Resolution #2050 }i June 14, 1985 Agenda Item #26 a JWF:rm i' RESOLUTION F' 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 the City of Lubbock and the Atchison, Topeka, and Santa Fe Railway Company concerning the construction of a drainage channel Railway Lehman District Mile Post 0+2749.6 feet and covering right of way for construction, use, and maintenance of said channel being File No. 40-1105-0.52 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 and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th I h ATTEST: k Ranet a Boyd, City Secre ery J APPROVED AS TO CONTENT: P. t. Ji tram, Assistant City Manager for evelopment Services APPROVED AS TO FORM: Ij t, J. th Fullingim, Assists City Atto ney day of .1ima 1QRS SantaFe The Atchison, Topeka and Santa Fe Railway Company U. S. CERTIFIED MAIL A Santa Fe Industries Company 900 Polk Street, Amarillo, Texas 79171 a Telephone 806/376-5131 August 29, 1985 Fi les : 40-1105-0.52 233221-6 Mr. Henry Huneke Lubbock Development, Inc. 4601 50th Street Lubbock, Texas 79414 ©ear Sir: Enclosed for your records, is the duplicate original of agreement providing for the construction, use end maintenance of a drainage channel at the Railway Leh an District Milepost 0 + 2749..6*. Also enclosed Is the "Ssante. Fe Original," for which you need to initial the change made by our attorneys In €hicaVo to Article 3, paragraph 5, on page 9. The duplicate original of the egreement with the City of Lubbock providing for maintenance of the channel is enclosed with the City's copy of this letter. We will soon be forwarding agreements to cover either the construction and maintenance of a bridge structure under the spur track, or the lowering and maintenance of the spur track. If you have any questions, please contact qtr. M. G. Stanfill, telephone number (806) 379-3032, who Is handling this matter in my office. Your continued cooperations is most appreciated. Yours truly, E. C. Horvath A.G.M.-Engineering Enclosure U. S. CERTIFIED MAIL cc: Mr. J. worth Fullingim Assistant City Attorney City of Lubbock P. 0. Box 20017 Lubbock, Texas 79457 31x/jig l CONTRACT SECRETARY'S DUKE oCo THE AT0iISUNv TOPEKA AND SANTA FE RAILWAY Ct 'ANY Resolution #2050 F kRelating to the construction of a drainage channel at Railway Lehman District Mile Post 4 + 2749.6 feet and covering right of way for construction; use and maintenance of said channel. DATED: June 14, 1985 Plains Division Lehman District M.P. 0 + 2749.6' File: 40-1105-01.52 AGREEMENT made the 14th day of June, 1985, between THE ATCHISUN, TOPEKA AND SANTA FE. RAILWAY COMPANY, a Delaware corporation (hereinafter nailed "Santa Fe"), Party of the First Part, THE CITY UF LU880CKO TEXAS, a municipal . corporation of Lubbock County, Texas, acting herein by and through its Mayor, hereunto duly authorized (hereinafter called *City") as Second Party, WITNESSETH: WWJiEAS, LUE380CK .DEVELOPMENT, INC., a Texas corporation, has undertaken the development of a drainage project which will necessitate the construction of arallrad bridge and a drainage channel in the vicinity of Santa Fels Plains Division, Lehman District Mile Post 0 + 2749.6, which will carry drainage from subdivision improvements to properties upstream from Santa Fe's Railroad. WHEREAS, Santa Fe operates ano 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 such work shall be in accordance with separate agreement between the Santa Fe and LU8BOCK UEVELUPAENT, INC. WHEREAS, Santa Fe is agreeable to City maintaining said drainage channel upon the terms and conditions hereinafter stated. AGREEMENT A TIM ICLE II 1. Santa Fe, for and in consideration of the sun of One and No/100ths 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 certain portion of Santa Fe's property situated at Lubbock, Lubbock County, Texas, for the purpose of operating and maintaining a drainage channel, the property, license to use which is hereby given, being shown shaded on print Chief Engineer Drawing No. 1-03952 dated May 23, 1985, hereto attached, marked Exhibit "A", and mace a part 4 ARTICLE II In consideration of the aforesaid license, City covenants and agrees to and with ,Santa Fe as follows: 1. City will use the licensed premises exclusively as a site for said drainage channel. 2. City 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. City will prepare plans and specifications for the construction of said drainage charnel 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 be made without the written approval of such changes by Santa Fe and the City. 5. City will, at no expense to Santa 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 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 drainage channel in suers 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, it will, within ten (10) days after receipt of a written notice from Santa Fe thereof, do whatever may be necessary to fulfill its obligations under this section and, failing so to do within said time, Santa Fe may do so at City's expense, bili for which City will promptly pay. r 2 - 6. City assumes . the entire: responsibility for the operation and - maintenance of the drainage channel upon, under or across Santa Fe's right of gray. 7. That if, after the original construction thereof, the maintenance and use of said drainage channel upon said premises shall necessitate the moving .or relocation of any portion of Santa Fe's right -sof -way, fence, or fences, pole lines, or adjustments to the track or any other facilities, the cast of such moving, relocation and adjustments shall be borne by City. 8. That City will 0o 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. 9. That if contract or contracts are to be let by City for the maintenance, repairs or reconstruction undertaken by .at hereunder, said contract or contracts shall provide: A. Stanaara Manufacturer's and Contractors' Liability Insurance. The Contractor shall furnish evidence to the Santa Fe that, with respect to th'e�operativns he performs, he carries regu3ar Contractors' Liability Insurance providing for a limit of not less than One Killion Dollars ($1,£ ,ODU.OU) for all damages arising out of bodily injuries to/or death of one or more persons in any one occurrence, and Property Damage Liability Insurance - providing for a limit of not less than Five Rxidred Thousand Dollars ($5000t3UD.UO) for all damages arising out of injury to/or destruction of property in any one occurrence and subject to that limit per occurrences a total (or aggregate) limit of One million Dollars ($l O 3 I .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. Contractors' Protective Liability Insurance. The Contractor M11 furnish evidence to the 5anta Fe that, with respect to the operations performed for him by subcontractors, he carries in his own behalf, regular Contractors' Protective Liability Insurance providing for a limit of not less than One #41lion Dollars ($1,00U,000.07) for all damages arising out of bodily injuries to/or 'death of one or, more persons in any tone +occurrence, and Protective Property Damage Liaoiity Insurance providing for a limit of not less than Five Ruu#red Thousand Dollars ($5th o0o*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 tonal (or aggregate) limit of One Million Dollars ($1,000,000.00) for all damages arising out of injury to/or destruction of property during the policy period. C. Railroads'Protective Liability and Property Damage and urn sh an.original policy to the Santa Fe for and in behalf of the company which, with respect to the operations he or any of his subcontractors perform, provides the Standard Railroad Protective Liability Policy, with coverage as outlined in General Casualty Sulletins No. 2588 dated July 9, 1555, No. 345, dated February 19, 1965, ,and No. 365, dated August 4, 1967, issued by the State Board of Insurance of Texas, providing for Bodily Injury$ Death and Property Damage limited to a combined -amount of Two Hillion Dollars ($290OU900U.00) per occurrence, and subject to a total (or aggregate) limit of Six Million Dollars ($6tODU1,O0U- }0), U. General. The insurance, as specified in paragraphs A, and 8, aC�o� ve, 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 the Santa Fe. The insurance# as specified in paragraph C. above, shall be carried until all work to be performed on the Santa Fe's right-of-way has been completed. 10, That no legal right of Santa Fe to maintain, use and relocate any railroad facilities now located upon the licensed premises, or to construct, maintain, use and relocate such track, or tracks, or other railroad facilities as it may desire upon or across the Licensed premises shall be in anywise affected by the giving of this license. 11. That ifi, at any .time during the term 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 ref existing or the construction of new tracks, pole lines, moires, conduits, etc., in which it shall have an interest, City shall at no expense to Santa Fe, make such changes in the drainage chard as in the judgment of the Santa Fe may oe necessary to avoid interference with the proposed use of its property, however, the use of the s 4 .. property by Santa Fe will not be. allowed to affect or restrict the drainage channel contemplated by this agreement. — 120* City will release and vacate the licensed premises occupied by any or all of said drainage; channels remove the drainage channel 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 covered, innediately after the need for such drainage chard ceases to exist. 13. That Santa Fe ` does not assume any liability for injury to or damage to any person or property incident to or that may arise during and In connection with: A. The use, occupancy or enjoyment, in accordance with this agreement by City of the lands, premises and right of xray of Santa Fe, or 8. The placement of said drainage channel, the construction of, performance of, maintenance of or failure to properly and safely construct, operate, maintain, repair ana use the drainage charnel at the aforesaid 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 precaution to avoid damage to or obstruction of or interference with the operations of the railroad. lk. City will assume and will save and hold harmless the Santa Fe from 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 frau or which is incident to the maintenance, use, operation or existence of said drainage channel on the Santa Fe's premises, or to the restoration of 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 sole negligence of Santa Fe; provided however, that the City shall not and does not naive any of its defenses to such claims as a Texas home rule municipal corporation. It is further agreed that if any claim or liability shall arise from toe joint or concurring negligence'. of the parties hereto, it shall be borne by turn in accordance with State Law. It is understood .that it is rot the intention of the parties heretoto create' liability for the benefit of thud parties, but this agreement shall be for the benefit of the parties hereto, 15. Notwithstanding any otfter, provisions of this agreement, City shall comply with, all applicable enviromental statutes, ordinances* rules, regulations and orders (hereinafter referred to. as. "Standards") issued by any federal: state or local environmental agency (hereinafter referred to as *Authority'") relating to City"s.use of Santa Fe's property hereunder. In its use of the premises,. City shall take all appropriate' action to achieve compliance with all applicable environnantal Standards, including but not limited to, Standards concerning air, grater, noise, hazardous Substances and hazardous wastes. In the ,event a hazardous spill is discovered on Santa Fe's property resulting from City's use and occupancy of the premises, Santa Fe shall have the sight, but not the duty, to .give prompt telephone notice to City and City shall .make immediate arrangements to clean up the spill in the most expeditious manner, at its sole expense. In all other situations, if, in Santa Fels opinions .,Pity is not., in compliance with a Standard, Santa Fe shall have the right,. but not the dusty., to give written notice to City describing the alleged noncompliance, and requesting City to correct the alleged violation. LV*n. receipt of such notice, City will promptly advise Santa Fe in writing of its proposed plans to correct the nonccgpliance, or advise of its intent to contest the applicable Standard or the alleged noncompliance before the Authority establishing the Standard, or in any other proper forum. It City fails to give Santa Fe such written notice within thirty (3€) days from receipt of Santa Fe's 6 Notice, Santa'Fe may take whatever action is necessary to protect Santa Fe, and City shall reimburse Santa Fe for .all reasonable cost incurred by Santa Fe, including, with limitation, fines and penalties imposed for violation of Standards. City shall assume liability for and shall indemnify and defend Santa Fe from ariy claim of violation of Standards which results 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 sole negligence of Santa Fe; ,provided, however, that failure of Santa Fe or its agents or employees, to notice or to notify City: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 Fe, nor small it be raised as a defense against Santa Fe, upon filing of a claim against City. lb. 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 tris 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; poles 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 same extent as to Santa Fe. ARTICLE iii In consideration of the aforesaid license the parties mutually agree as follows 1. City shall. maintain the drainage channel improvements across Santa Fe's right of way at no expense to Santa Fe. - 7 - City will not levy any assessment against Santa Fe for the drainage charnel and drainage system cdnteaTplated herein. 3. The Santa Fe and City mutually agree that this license, subject to the provision of Section 12 of Article 12, shall de effective from its date, and thereafter -so long as said drainage channel shall. die located upon the licensed premises and maintained in accordance with the provisions of Section 5 of Article II hereof, IN TESTIM014Y WHEREOF, the parties have executed this agreement, in duplicate, of the day +end year first above written. THE ATCHISONj T03EKA AND SANTA FE RAILWAY CUMPANY CITY Cr UB , T By: 13y: Its: DECLMVE VICE PRE81DENT A`CTEST. TTESTs Assistant Secretaxy For tsilwsy Cnpany SVretary for City —6W RESOLUTION /2050 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 the City of Lubbock and the Atchison. Topeka, and Santa Fe Railway Company concerning the construction of a drainage channel Railway Lehman District Mile Post 0+2749.6 feet and covering right of way for construction, use, and maintenance of said channel ataced herewithbeing whichFile N. shallobe4sprleaU upon the1ofsminuteslofRai.aythee ComCounciltandhas 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 14th day of June, 1985. /s/ Alan Henry ATTEST: ALAN HENRY, OR /s/ Ranette Boyd anette oy , ty Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Asssistant City Manager for Development Services APPROVED AS TO FORM: /s/ J. Horth Fullin im J. Worth u ng m, ssistant City Attorney This drainage channel is located in the Santa Fe Park Addition, Just northwest of Lot 2, Lehman Addition. This Is for a drainage channel crossing under Santa Fe's tracks. This Agreement explains in detail the rights and duties of the City of Lubbock and .also sets forth in detail, the rights and duties of Santa Fe for this drainage channel crossing. J. Worth Fullingim and Jim Brewster of our Legal Department, approved this revi- sion. / The major Santa Fe responsibilities are as follows: I. Grant license to operate a drainage channel to the City. 2. Maintain the bridge structure. The major City responsibilities are as follows: 1. The City will use the licensed area exclusively for drainage purposes. 2. The City will not sublet any part of the licensed area. 3. The City will prepare plans and specifications for construction of the channel. 4. The City will maintain a drainage channel, to be constructed by the developers. 5. The City will hold harmless Santa Fe for any June 14, 1985 313 None of the City responsibilities can be considered unusual considering previous negotiations with the railroads on pavement and drainage. Staff recommended approval of this Agreement. Motion was made by Councilwoman Trejo, seconded by Councilwoman Baker authorizing Resolution /2050. Motion carried: 7 Yeas; 0 Nays 85-44-313-477 (27.) Consider Resolution /2051 authorizln the Ma or on behalf o the t o u bock o execute an reement etween e an the Atchis2n, Topeka, and Santa Fe Railroad Company for a puD11c roa . RESOLUTION /2051 RESOLUTION /2051 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 the City of Lubbock and the Atchison, Topeka, and Santa Fe Railway Company concerning land desired at, Lubbock, Lubbock County. Texas, for right of way purposes for a public road, at Railway Seagraves District Mile Post 6+1078.64 feet being File No. 233221-6 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 and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of June, 1985. /s/ AlanH�eng� ALAfl-A�fiRY; MAYOR ATTEST: J:1 Ranette Bo d anette oy ty Secretary APPROVED AS TO CONTENT: Is/ Jim Bertram UTm-Te-r-t-r-am—,7Wssistant City Manager for Development Service APPROVED AS TO FORM: /s/ J. Worth Fulitn im J. ort u ng m. ssistant City Attorney This public road crossing is located at 45th Street and Brownfield Highway and is part of the Santa Fe Park development project. This Agreement explains in detail the rights and duties of the City of Lubbock having a road crossing across Santa Fe's railroad tracks and also explains and set forths in detail, the rights and duties of Santa Fe. J. Worth Fullingim and Jim Brewster, of our Legal Department, approved this revision. injuries resulting from maintenance of the channel. 6. The City will provide flagmen during construc. tion if determined necessary by Santa Fe. RESOLUTION Motion was made by Councilwoman Maggie Trejo seed by. Councilwoman Joan Baker 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 Ci STATE OF ILLINOIS ss. CUMTY.OF COOK Before me, Jo �'y -T- �A0 MA S , a Notary Pubic in and for said Wunty and State, on this day personally appeared execVMGPresident of The Atchison, Topeka and Santa Fe Railway any.# known to me to be the person whose name is swoscrioed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration and in the capacity therein aexpresseu, and as the act and deed of said railway Company. Given ander my hand and seal of office this 61 Tday of zZirtiPuUlic within and for the CWnty of Cook, State of Illinois �t - My commission expires: - = - My Commission Expires Feb. 3, 1986 —lp- R TW STATE OF; :TEXAS ss. COUNTY O LUBBOCK CITY OF LU6MM # BEFCf2E HE _ a Notary PWlic in and for said County and Stag, on this day personally appeared , /. _ , Mayor of the City of Lubbock, Lubeck County, Texas, known to me 'to be. the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration and in the Capacitytherein expressed, and as the act and dead of the City of ock, GIVEN.. UNDER MY HANU AND SF..At. O OFFICE this' "day of v Notar Public in and or County of Lubbock, State of Texas 8ECY'8 NO. EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND NSDANTA FE RAILWAY COMPANY CITY CSF LUBBOCK ' CHICAGO, ILLINOIS H. 0. _WEB_B_______ SCALE• 1 IN. TO /OO FT. CHIEF ENGINEER PLA//VS DIV DESCRIPTION APPROVED w 1 EHMAM DIST. cc DATE: MAY 23, /985IL ins, sr ��s• h FS. 27 *49.6 M.P. 0 ( 274910 I R/W Lime `` �-40' ,0,Wj aye easement --To whiteface a , $^ v To Lubbock----- 1p � Moira Track 74•eridge R/W Line I x I 8S"D�oinQge eos �I I h rw DESCRIPTION - I Vii Cont4ini/79 ZOW sQ fl for drailloye Pu,-Poses OS SheW17 hereon by Sh dirk. RT DCOUD, L UBBOCK COUNTY, TEXAS C.E. DRAWING NO. 1 -03952 DIV. DWG. NO. DIV. FILE NO. - G.M. FILE NO. 40-57C.E. FILE NO. L*-4-004,97