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1993-026-RES WHEREAS, the City Council of the City of Paris has undertaken a project of construction entitled RAW RESOLUTION NO, 93-026 WHEREAS, the City Council of the City of Paris has undertaken a project of construction entitled RAW WATER TRANSMISSION MAIN FROM PAT MAYSE LAKE TO CITY OF PARIS WATER TREATMENT PLANT, EDA Project No. 08-01-02814 in accordance with plans and specifications prepared by Hayter Engineering, Inc" Paris, Texas; and, WHEREAS, the utility easement necessary for the 36" water transmission main across the property owned by the Department of the Army, being Parcel No, 11, is being donated to the City of Paris through a Supplemental Agreement between the United States of America and the City of Paris which amends the original easement No, DACW56-3-93-0l to take in the new 36" water transmission main; and, WHEREAS, the temporary construction for the completion of said raw water project across said property, requires right-of-way for a temporary construction Exhibit B attached hereto, and easement necessary transmission main a license for the area in the form of WHEREAS, the City Council finds that the above described utility easement and temporary construction right of way area are necessary for said improvement project and that the same should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Supplemental Agreement between The United States of America and the City of Paris amending the original easement No. DACW56-3-93-0l to give the additional right-of-way for the 36" RAW WATER TRANSMISSION MAIN FROM PAT MAYSE LAKE TO THE CITY OF PARIS WATER TREATMENT PLANT, EDA Project No, 08-01-02814 in the form of Exhibit A attached hereto is hereby approved; and, BE IT FURTHER RESOLVED, that the License for right-of-way for a temporary construction area for said project in the form of Exhibit B attached hereto is hereby approved; and, BE IT FURTHER RESOLVED, that the Mayor, George Fisher, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Supplemental Agreement between The United States of America and the City of Paris, in the form of Exhibit A, attached hereto, and the License for right-of-way for temporary construction in the form of Exhibit B, attached hereto, Passed and adopted the 15th day of February, 1993. ~I'~e 7..t~~ org Fisher, Mayor ATTEST: Supplemental Agreement No. 1 Easement No, DACW56-2-69-671 Pat Mayse Lake SUPPLEMENTAL AGREEMENT between THE UNITED STATES OF AMERICA and CITY OF PARIS THIS SUPPLEMENTAL AGREEMENT, made and entered into by and between THE UNITED STATES OF AMERICA, hereinafter called the Government, and the CITY OF PARIS. STATE OF TEXAS, hereinafter called the Grantee; WITNESSETH, THAT: WHEREAS, the Secretary of the Army, by virtue of the authority vested in him by Title 10, United States Code, Section 2669, granted an easement, identified as DACW56-2-69-671, and hereinafter called the original easement, to the Grantee for a water pipeline at the Pat Mayse Lake area at the locations described therein; and WHEREAS, the Grantee has requested additional right-of-way for a 36 inch waterline; and WHEREAS, the additional right-of-way will not injure the interests of the United States in the property thereby, NOW, THEREFORE, in consideration of the mutual benefits inuring to both parties, it is mutually agreed by the parties hereto that the original easement is hereby amended in the following respects and none other: , In the legal description; DELETE; "being 15.00 feet left of" SUBSTITUTE WITH; "being 35.00 feet left of" DELETE; "containing 3.00 acres, more or less" SUBSTITUTE WITH; "containing 6,00 acres, more or less" ADD; Condition 18, That the grantee shall comply with all applicable Federal, state, and local EXHIBIT A laws, rules, and regulations relating to the use of pesticides. In addition, the grantee must obtain approval in writing from the District Engineer, or his authorized representative, before any pesticides are applied to the outgranted areas. Furthermore, within 10 days after applying the pesticide, the grantee shall notify the District Engineer or his authorized representative, in writing, of the type, amount, date, and location of the application. Condition 19. That the grantee shall not remove or disturb, or cause or permit to be removed or disturbed any historical, archeological, architectural or other cultural artifacts, relics, vestiges, remains or object of antiquity, In the event such items are discovered on the premises, the grantee shall immediately notify the District Engineer, Tulsa District, and the site and the material shall be protected by the grantee from further disturbance until a professional examination of them can be made or until clearnce to proceed is authorized by the District Engineer. Condition 20, That the grantee will not disturb either archeological site, identified as LR 30, or the remains of Camp Maxey, IT IS UNDERSTOOD AND AGREED that the effective date of this Supplemental Agreement No, 1, is September 10, 1992, and that the original easement shall in all other respects remain in full force and effect, IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army this Richard Freeman Chief, Real Estate Division Tulsa District, Corps of Engineers CITY OF PARIS, PARIS, TEXAS ATTEST: George Fisher, Hayor Mattie Cunningham, City Clerk APPROVED AS TO FO~~: 2 T. K. Haynes, City Attorney DEPARTMENT OF THE ARMY r~ICENSE PAT MAYSE LAKE DACW56-3-93-01 The SECRETARY OF THE ARMY (hereinafter Secretary) or duly authorized representative hereby grants to the CITY OF PARIS, 135 FIRST STREET SE, PARIS, TX 77703, (hereinafter licensee) a license for a right-of-way for a temporary construction area. The license is for a period of five (5) years, starting September 10, 1992, and ending September 9, 1997, but revocable at will by the Secretary or duly authorized representative. The license is for the premises (hereinafter premises) shown in yellow on Exhibit A attached and made a part of this instrument and more particularly described as follows: A strip, piece or parcel of land, 60,00 feet in width, and 6550,90 feet in length, Willard Stowell Survey, Abstract 844, Lamar County, Texas, lying west and adjacent to right-of-way easement, further described in Supplemental Agreement No, 1 to Easement No, DACW56-2-69-67l. Containing 9,02 acres, more or less. THIS LICENSE is granted subject to the following conditions: 1. The exercise of the privileges granted shall be: a, without cost or expense to the United States; b. under the general supervision of the officer executing this license or duly authorized representative (hereinafter said officer); i.e" subject to rules and regulations which said officer may prescribe from time to time and subject to approval of said officer, including prior written approval for alterations, modifications or additions or the use of any herbicide or pesticide on the premises; c, subject to the right of the United States to construct, use, and maintain facilities on the premises without unreasonably interfering with the licensee's privileges; d, subject to other outgrants of the United States on the premises which do not unreasonably interfere with the licensee's privileges; and e, without liability of the United States for failure to supervise or inspect activities or facilities of the licensee, 2, Under a separate agreement with the District Engineer, the licensee shall pay the cost of the United States to produce or supply utilities or services to the licensee, Such costs shall EXHIBIT 8 include the licensee's proportionate share of the operation and maintenance cost of the United States facilities involved. The United States has no obligation to furnish utilities or services, 3. The licensee at its own expense shall maintain the premises in good order, 4. The licensee shall at its own expense promptly repair or replace to the satisfaction of said officer any United States property damaged or destroyed by the licensee incident to the exercise of the privileges granted. Instead and if required by said officer, the licensee shall pay the United States money in an amount sufficient to compensate for the loss sustained by the United States for damages to or destruction of United States property, 5, The United States and its officers, agents, servants, and employees ("the released parties") shall not be responsible for damages to property, injuries to persons, or any other cause of action ("released actions") which may arise from or be incident to this license or the licensee's exercise of the privileges herein granted, Released actions include, without limitation, damage to the licensee's property, injury to the licensee's person, or other cause of action of the licensee, or such damage, injury or other cause of action of the licensee's officers, agents, servants, employees, invitees of any of these, or anyone else othenlise on or near said premi ses incident to the license. The licensee shall hold harmless and indemnify the released parties for released actions which may arise from or be incident to this license or the licensee's exercise of the privileges herein granted, 6. The licensee shall not discriminate against any person or persons or exclude any persons from participation in the licensee's operations, programs, or activities conducted on the licensed premises, because of race, color, age, sex, handicap, national origin or religion, The licensee, by acceptance of this license, hereby gives assurance that the provisions of Title VI of the Civil Rights Act of 1964 as amended (42 U.S.C, 2000d); the Age Discrimination Act of 1975, as amended, (42 U,S.C. 6102); the Rehabilitation Act of 1973, as amended, (29 U,S.C, 794) and all the requirements imposed by or pursuant to the Directive of the Department of Defense (32 C.F,R, Part 300, issued as Department of Defense Directive 5500,11, May 27, 1971) will be complied with. 7. The licensee shall not unlawfully pollute the air, ground, or water or create a public nuisance, The licensee shall at no cost to the United States promptly comply with present and future Federal, state and local laws, ordinances, regulations, or instructions controlling the quality of the environment, This does not affect the licensee's right to contest their validity or 2 include the licensee's proportionate share of the operation and maintenance cost of the United States facilities involved, The United States has no obligation to furnish utilities or services, 3, The licensee at its own expense shall maintain the premises in good order, 4, The licensee shall at its own expense promptly repair or replace to the satisfaction of said officer any United States property damaged or destroyed by the licensee incident to the exercise of the privileges granted, Instead and if required by said officer, the licensee shall pay the United States money in an amount sufficient to compensate for the loss sustained by the united States for damages to or destruction of United States property, 5, The United States and its officers, agents, servants, and employees ("the released parties") shall not be responsible for damages to property, injuries to persons, or any other cause of action ("released actions") which may arise from or be incident to this license or the licensee's exercise of the privileges herein granted, Released actions include, without limitation, damage to the licensee's property, injury to the licensee's person, or other cause of action of the licensee, or such damage, injury or other cause of action of the licensee's officers, agents, servants, employees, invitees of any of these, or anyone else otherwise on or near said premises incident to the license. The licensee shall hold harmless and indemnify the released parties for released actions which may arise from or be incident to this license or the licensee's exercise of the privileges herein granted, 6, The licensee shall not discriminate against any person or persons or exclude any persons from participation in the licensee's operations, programs, or activities conducted on the licensed premises, because of race, color, age, sex, handicap, national origin or religion, The licensee, by acceptance of this license, hereby gives assurance that the provisions of Title VI of the Civil Rights Act of 1964 as amended (42 U.S.C, 2000d); the Age Discrimination Act of 1975, as amended, (42 U,S,C, 6102); the Rehabilitation Act of 1973, as amended, (29 U,S.C. 794) and all the requirements imposed by or pursuant to the Directive of the Department of Defense (32 C,F.R. Part 300, issued as Department of Defense Directive 5500.11, May 27, 1971) will be complied with. 7, The licensee shall not unlawfully pollute the air, ground, or water or create a public nuisance, The licensee shall at no cost to the United States promptly comply with present and future Federal, state and local laws, ordinances, regulations, or instructions controlling the quality of the environment, This does not affect the licensee's right to contest their validity or 2 enJo~n their applicability, The licensee shall not be responsible for pollution caused by others, 8, The licensee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, vestiges, remains or objects of antiquity. In the event such items are discovered on the premises, the licensee shall immediately notify said officer and protect the site and the material from further disturbance until said officer gives clearance to proceed, 9, The licensee will use all reasonable means available to protect the environment and natural resources from damage arising from this license or activities incident to it, and where damage nonetheless occurs, the licensee shall be liable to restore the damaged resources, 10. On or before the date this license expires or the licensee relinquishes this license, the licensee shall vacate the premises, remove the licensee's property and restore the premises to a condition satisfactory to said officer, except for damages beyond the licensee's control or for fair wear and tear, If this license is revoked, the licensee will do the same within the time designated by said officer. If the licensee fail or neglects to remove the property and to restore the premises, at the option of said officer: a. said property shall become the property of the United States without compensation therefor, or b, said officer may have the property removed and the premises restored at the expense of the licensee, and no claim for damages against the United States or its officers or agents shall be created by or made on account of the removal and restoration work, 11, The licensee may terminate this license by giving ten (10) days written notice by certified mail to the Secretary through said office. 12, This license is effective only insofar as the rights of the United States in the premises are concerned. The licensee shall obtain any further permission necessary on account of any other existing rights. 13, This license may not be transferred or assigned. 14, That the United States does by these presents retain the perpetual power, privilege, and easement occasionally to overflow, flood, and submerge the land herein described; that no structures shall be constructed or maintained on the land except 3 as may be approved in writing by the representative of the United States in charge of the project, lS, That the licensee shall not remove, cut or trim trees or shrubs more than 10 feet tall or having a diameter of 2 inches or more at 4 feet above ground level without approval of the said officer. Further, the licensee will take precautions to prevent unnecessary damage to, or defacement of, trees or shrubs, In the event that any trees or shrubs are removed without approval, or the said officer determines that trees or shrubs have been damaged or defaced as a result of negligence on the part of the licensee, the licensee may be required to replace all such trees or shrubs so removed, damaged, or defaced, or at the discretion of the said officer, the licensee may be required to reimburse the United States the cost of such replacement, 16, That the licensee shall comply with all applicable Federal, state, and local laws, rules, and regulations relating to the use of pesticides. In addition, the licensee must obtain approval in writing from the District Engineer, or his authorized representative, before any pesticides are applied to the outgranted areas, Furthermore, within 10 days after applying the pesticide, the licensee shall notify the District Engineer or his authorized representative, in writing, of the type, amount, date, and location of the application. 17, That, within the limits of their respective legal powers, the parties hereto shall protect the project against pollution of its water, The Licensee shall comply promptly with any regulations, conditions, or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency and/or a state, interstate, or local government water pollution control agency having jurisdiction to abate or prevent water pollution, Such regulations, conditions, or instructions in effect or prescribed by the Environmental Protection Agency, state, interstate or local governmental agency are hereby made a condition of this instrument, 18. The licensee shall comply with all applicable Federal laws and regulations and with all applicable laws, ordinances, and regulations of the state, county, and municipality wherein the premises are located, 19, That this license is granted in conjunction with Easement No, DACWS6-2-69-671. If the aforesaid easement is revoked or withdrawn for violation of the terms of the easement, this license is revoked and the provisions contained in condition 10 will apply, 4 This license conforms to ENG Form 808, Oct 85, except in the following manner: Conditions 1 and 11 were deleted, renumbered conditions 14 through 19 were added, IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army this Richard Freeman Chief, Real Estate Division Tulsa District, Corps of Engineers The above instrument, including all its conditions, is hereby accepted this 15th dav of Februarv. 1993. CITY OF PARIS, PARIS, TEXAS BY: George Fisher, Mayor (Title) ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney 5 ...~. .~ . . / ..., . , , ) Y'\lJ ~ (201) Pipeline Water 'i .r / I -- ~ ~ 201E-15 . :EXHIBIT A I