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R-2024-201 - 8/8/2024 RESOLUTION NO. R-2024-201 WHEREAS, Union Pacific Railroad Company has submitted two (2) letter agreements to extend the license agreements dated June 2021, regarding the McNeil Road Extension Railroad Culverts Project; and WHEREAS, the City of Round ("City") wishes to approve the two (2) letter agreements with Union Pacific Railroad Company, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City two (2) letter agreements with Union Pacific Railroad Company, copies of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 8th day of August, 2024. ZA/ CR G MO AN, Mayor City of Rou Rock, Texas ATTEST: c Ir A PEAGA& KS City Clerk 0112.20242:4876-9605-3204 EXHIBIT July 8,2024 Project: 0765379 CITY OF ROUND ROCK Reference is made to that certain Agreement dated June 21, 2021, between UNION PACIFIC RAILROAD COMPANY ("Licensor"), and CITY OF ROUND ROCK ("Licensee"), or their predecessors in interest, covering an underground 42 inch steel pipeline crossing for transporting and conveying storm water on RailroadCompany's property at or near Round Rock, Texas. Said License Agreement is identified in the Railroad Company's records as Audit No. 302659, (hereinafter"Basic Agreement"),which has or will expire(d)by its own terms. Subject to the termination provisions contained herein or in the Basic Agreement,this extension letter serves as Licensor's approval for you to proceed with the installation of the facility(s)as described and depicted in the agreement. Such approval is conditioned upon the facility(s) being installed within twelve(12)months of July 8,2024. The terms and conditions of the Basic Agreement,as heretofore or herein supplemented and/or amended(if applicable),shall remain in full force and effect. Upon the execution and delivery of this Agreement, the Licensee shall pay to the Licensor an administrative handling charge of one thousand Dollars($1,000.00). The Basic Agreement may be terminated by either party on thirty(30)days' written notice to the other Party Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall complete the required forms at up.com/CBUD to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will contact the telecommunications company(ies) involved, arrange for a cable locator,and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Licensor's premises. In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and hold harmless the Licensor from and against all costs,liability and expense whatsoever(including,without limitation,attorneys'fees,court costs and expenses)arising out of any act or omission of the Licensee, its contractor,agents and/or employees,that causes or contributes to(1)any damage to or destruction of any telecommunications system on Licensor's property,and(2)any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Licensor's property. Licensee shall not have or seek recourse against Licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Licensor's property or a customer or user of services of the fiber optic cable on Licensor's property. Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha,Nebraska 68179-1690 fx.(402)501-0340 This Letter Agreement is supplemental to the Basic Agreement,and nothing herein contained shall be construed as amending or modifying the same,except as herein specifically provided. Please execute this letter indicating your acceptance and return one copy to me. Fees are due and payable upon your execution of the Letter Agreement. Please include your payment with the return of a fully executed copy.This Letter Agreement will not be considered effective by the Licensor until we receive both the fully executed duplicate original of this Letter Agreement and the fee payment. If you require formal billing,you may consider this Letter Agreement as a formal bill. In compliance with the Internal Revenue Service's new policy regarding its Form 1099,this is to advise you that 946001323 is Union Pacific Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad Company is doing business as a corporation. The foregoing Letter Agreement is accepted, approved and executed on this day of 20 If you have any questions regarding this letter,please contact Craig O Benson at cobenson@up.com. UNION PACIFIC RAILROAD COMPANY CITY OF ROUND ROCK By: By: Craig O Benson Sr Mgr Real Estate Title: Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha,Nebraska 68179-1690 N.(402)501-0340 EXHIBIT "A-2" July 8, 2024 Project: 0765381 CITY OF ROUND ROCK Reference is made to that certain Agreement dated June 24, 2021, between UNION PACIFIC RAILROAD COMPANY ("Licensor"), and CITY OF ROUND ROCK ("Licensee"), or their predecessors in interest, covering two (2) underground 48 inch steel pipelines for transporting and conveying storm water on RailroadCompany's property at or near Round Rock,Texas. Said License Agreement is identified in the Railroad Company's records as Audit No. 302660, (hereinafter"Basic Agreement"),which has or will expire(d)by its own terms. Subject to the termination provisions contained herein or in the Basic Agreement,this extension letter serves as Licensor's approval for you to proceed with the installation of the facility(s)as described and depicted in the agreement. Such approval is conditioned upon the facility(s) being installed within twelve(12)months of July 8,2024. The terms and conditions of the Basic Agreement,as heretofore or herein supplemented and/or amended(if applicable),shall remain in full force and effect. Upon the execution and delivery of this Agreement, the Licensee shall pay to the Licensor an administrative handling charge of one thousand Dollars($1,000.00). The Basic Agreement may be terminated by either party on thirty(30)days' written notice to the other ply. Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall complete the required forms at up.com/CBUD to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will contact the telecommunications company(ies) involved, arrange for a cable locator,and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Licensor's premises. In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and hold harmless the Licensor from and against all costs,liability and expense whatsoever(including,without limitation,attorneys'fees,court costs and expenses)arising out of any act or omission of the Licensee, its contractor,agents and/or employees,that causes or contributes to(1)any damage to or destruction of any telecommunications system on Licensor's property,and(2)any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees,on Licensor's property. Licensee shall not have or seek recourse against Licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Liccnsor's property or a customer or user of services of the fiber optic cable on Licensor's property. Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha,Nebraska 68179-1690 fx.(402)501-0340 This Letter Agreement is supplemental to the Basic Agreement,and nothing herein contained shall be construed as amending or modifying the same,except as herein specifically provided. Please execute this letter indicating your acceptance and return one copy to me. Fees are due and payable upon your execution of the Letter Agreement. Please include your payment with the return of a fully executed copy.This Letter Agreement will not be considered effective by the Licensor until we receive both the fully executed duplicate original of this Letter Agreement and the fee payment. If you require formal billing,you may consider this Letter Agreement as a formal bill. In compliance with the Internal Revenue Service's new policy regarding its Form 1099,this is to advise you that 946001323 is Union Pacific Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad Company is doing business as a corporation. The foregoing Letter Agreement is accepted, approved and executed on this day of ,20 If you have any questions regarding this letter,please contact Craig O Benson at cobenson@up.com. UNION PACIFIC RAILROAD COMPANY CITY OF ROUND ROCK By: By: Craig O Benson Sr Mgr Real Estate Title: Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha,Nebraska 68179-1690 fix.(402)501-0340 t��a��� �r' P� •°`fes -�`� ,�� .n'�'_ .� � � � �° � � �` �-.� -_' , toot 544 . air r. �. �T .err•� � .� � .� ��; � ��,./J�• *����¢p�' � ,..t. { �� 41 Iti s a, Apt y F � � ,p.. to�y „�� "y• i LOCATION MAP