1992-041-RES WHEREAS, constructing a S.W. from West and, the City of Paris is in the process of Twelve Inch (12")
RESOLUTION NO. 92-04l
WHEREAS,
constructing a
S.W. from West
and,
the City of Paris is in the process of
Twelve Inch (12") Water Main Along 1st Street
Kaufman to West Hearne in the City of Paris;
WHEREAS, it is necessary for
Mid-Michigan Railroad, Inc., to
Agreement Crossing for said project;
the
enter
and,
City of Paris and
into a Pipeline
WHEREAS, the form of agreement for the
Agreement Crossing attached hereto as Exhibit A,
approved, and the City Manager, Michael E. Malone,
authorized to execute the same; NOW, THEREFORE,
Pipeline
should be
should be
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
that the form of the Pipeline Agreement Crossing attached
hereto as Exhibit A, is hereby approved; and,
BE IT FURTHER RESOLVED, that the City Manager of the
City of Paris, Michael E. Malone, be, and he is hereby
authorized and directed to execute on behalf of the City of
Paris the Pipeline Agreement Crossing in the form shown in
Exhibit A attached hereto.
Passed and adopted this 8th day of June, 1992.
4 ~
o~her, Mayor
ATTEST:
Mattie
City
APPROVED AS TO FORM:
,~. .
.::::-~-- .
City Attorney
0636n
PL X 900815
Form Approved, AVP-Law
TNE-92050l
PIPELINE AGREEMENT
CROSSING
Mile Post TNE-91.l6-WLX
At Paris, Texas
Paris Yard
THIS AGREEMENT is made and entered into as of the 26th
day of May, 1992, by and between the TEXAS NORTHEASTERN DIVISION,
MID-MICHIGAN RAILROAD, INC., (hereinafter the Licensor) and the
CITY OF PARIS, a municipal corporation (hereinafter the Licensee),
mailing address P. O. Box 9037, Paris, TX 75461-9037.
"RECITALS":
This License Agreement is made pursuant and subject to and in
accordance with that certain Lease Agreement dated March 2, 1990
(hereinafter the "Prior Lease") between Missouri Pacific Railroad
Company and Mid-Michigan Railroad, Inc.
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS:
Article 1. LICENSE FEE.
Upon the execution of this Agreement, the Licensee shall
pay to the Licensor a license fee of two thousand & no/100 dollars
($2,000.00).
Article 2.. LICENSOR GRANTS RIGHT.
In consideration of the license fee to be paid by
Licensee and in further consideration of the covenants and
agreements herein contained to be by the Licensee kept,
observed and performed, the Licensor hereby grants to the Licensee
the right to construct and thereafter, during the term hereof, to
maintain and operate a 12 inch PVC Water pipeline (hereinafter the
Pipeline) in the location shown and in conformity with the
dimensions and specifications indicated on the attached Print dated
May 26, 1992, marked Exhibit "A".
Article 3. CONSTRUCTION, MAINTENANCE AND OPERATION.
The grant of right herein made to the Licensee is subject
to each and all of the terms, provisions, conditions, limitations
and covenants set forth herein and in Exhibit B, hereto attached.
EXHIBIT A
-..
,
Article 4. TERM.
This Agreement shall take effect as of the date first
herein written and shall continue in full force and effect until
terminated as herein provided.
Article 5. IF WORK IS TO BE PERFORMED BY CONTRACTOR.
If a contractor is to do any of the work performed on the
Pipeline (including initial construction and subsequent relocation
or substantial maintenance and repair work), then the Licensee
shall require its contractor to execute the Railroad's form
Contractor's Right of Entry Agreement. Licensee acknowledges
receipt of a copy of Contractor's Right of Entry Agreement and
understanding of its terms, provisions and requirements, and will
inform its contractor of the need to execute the Agreement. Under
no circumstances will Licensee's contractor be allowed onto
Licensor's premises without first executing the Contractor's
Right of Entry Agreement.
Article 6. INSURANCE.
A. The Licensee, at its expense, shall obtain and keep
in effect during the term of this Agreement the insurance described
in Exhibit A-1, hereto attached. The Licensee will also provide to
the Licensor a .Certificate of Insurance issued by its insurance
carrier confirming the existence of such insurance and that the.
policy or policies contain the following endorsement:
The Texas Nor~heastern Division, Mid-Michigan Railroad,
Inc., is named as an additional insured with respect to all
liabilities arising out of the existence, use or any work
performed on or associated with the Water Pipeline located on
Railroad right of way at Milepost TNE-91.16-WLX at Paris,
Lamar County, Texas.
B. If the Licensee named in this Agreement is a public
entity subject to any applicable statutory tort laws, the limits of
insurance described in Exhibit A-1 shall be the limits the Licensee
then has in effect or which is required by applicable current or
subsequent law, whichever is greater, a portion of which may be
self-insured with the consent and approval of the Licensor.
C. All insurance correspondence shall be directed to:
Rail Properties Group, 3500 Oaklawn Ave., Suite 400, Dallas, TX
75219.
ARTICLE 7. LICENSEE'S ACKNOWLEDGEMENT OF PRIOR LEASE.
The Licensee under this License Agreement acknowledges,
confirms and agrees that this License Agreement is made pursuant
and subject to and in accordance with the aforesaid Prior Lease
"
"
Agreement that is referenced in the "Recitals. above.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed in triplicate as of the date first herein
written.
TEXAS NORTHEASTERN Drv:tSION, MID-MICHIGAN
RAILROAD, mc.
By:
General Manager
CITY OF PARIS
By:
Title: Michael E. Malone, City Manager
-
EXHIBIT A-I
Right of Entry Agreement
Insurance Requirements
Licensee shall, at its own sole cost and expense, procure the
following kinds of insurance and promptly pay when due all premiums
for that insurance. If it so elects, Railroad shall have the right
to obtain such insurance and Licensee shall promptly reimburse
Railroad for that expense. The following insurance shall be kept
in force during the life of this Agreement:
General Public Liability insurance providing bodily
injury, including death, personal injury and property
damage coverage with a combined single limit of at
least $2,000,000 each occurrence or claim and a general
aggregate limit of at least $4,000,000. This insurance
shall provide Broad Form Contractual Liability covering
the indemnity provisions contained in this Agreement,
Underground hazard, Products-Completed Operations with
products-completed operation aggregate of at least
$2,000,000, a separate general aggregate for the
project (ISO Form CG 25 03 or equivalent), Broad Form
Property Damage, severability of interests and name
Railroad as an additional insured with respect to all
liabilities arising out of Licensee's obligation to
Railroad in the Agreement. If coverage is purchased on
a "claims made" basis it shall provide for at least a
three (3) year ext~ded reporting or discovery period,
which shall be invoked should insurance covering the
time period of this Agreement be canceled.
Automobile Public Liability insurance providing bodily
injury and property damage with a combined single limit
of at least $2,000,000 each occurrence or claim. This
insurance shall provide contractual liability by
endorsement ISO Form CA 00 25 or equivalent covering
all motor vehicles including hired and non-owned,
mobile equipment to the extent it may be excluded from
general liability insurance, severability of interests
and name Railroad as an additional insured with respect
to all liabilities arising out of Licensee's obligation
to Railroad in the Agreement.
Worker's Compensation insurance covering the statutory
liability as determined by the compensation laws of the
state(s) affected by this Agreement and Employers'
Liability. Also compliance with all laws of states
which require participation in their state workers'
compensation fund.
Railroad Protective Liability insurance naming Railroad
and any railroad operating over its tracks as insured
,
,
with a combined single limit of $2,000,000 per
occurrence with a $6,000,000 aggregate. The policy
form shall be AAR-AASHTO with broad form coverage for
"Physical Damage to Property" (ISO Form GL 00 30) or as
revised ISO-RIMA (Form CG 00 35) and include pollution
arising out of fuels and lubricants brought to the job
site (ISO Form CG 28 31 or equivalent). If the
Lloyd's, London policy form is used, limits shall be
$3,000,000. per occurrence with a $9,000,000 aggregate
and the Extended Claims Made Date shall be determined
by adding the length of the original policy period plus
one year to the policy expiration date.
The Licensee hereby waives its right to subrogation, as respects
the above insurance policy (ies ), against Railroad for payments made
to or on behalf of employees of Licensee or its agents and for loss
of its owned or leased property or property under its care, custody
and control while on or near Railroad's right-of-way or other real
property. Licensee's insurance shall be primary with respect to
any insurance carried by Railroad.
Licensee shall furnish to Railroad certificate (s) of insurance
evidencing the required coverage and endorsement (s) and upon
request a certified duplicate original of any of those policies.
The insurance company (ies) issuing such policy(ies) shall notify
Railroad in writing of any material alteration including any change
in the retroactive date in any "claims-made" policies or
substantial reduction of aggregate limits, if such limits apply, or
cancellation thereof at least thirty (30) days prior thereto.
The insurance policy(ies1 shall be written by a reputable insurance
company or companies .acceptable to Railroad or with a current
Best's Insurance Guide Rating of B and Class VII or better. Such
insurance company shall be authorized to transact business in the
state(s) affected by this Agreement.
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