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R-95-05-25-14F - 5/25/1995WHEREAS, the City of Round Rock needs to cross under the track of the Georgetown Railroad, near Inner Space Caverns, with a raw waterline from Lake Georgetown, and WHEREAS, the Georgetown Railroad has agreed to said crossing on condition that the City execute a Pipeline License Agreement ( "Agreement "), and WHEREAS, the City is willing to accept the terms and conditions of the Agreement, 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 the Agreement with Georgetown Railroad, a copy of said Agreement being attached hereto and incorporated herein for all purposes. RESOLVED this the 25th day of May, 1995. ATTEST: KS/RESOLUTION RS50525F RESOLUTION NO. R- 95- 05- 25 -14F City Secretary CHARLES CU ' PER, Mayor City of Round Rock, Texas PIPELINE LICENSE AGREEMENT 1 ? " l „ 3 00J-el' Lih e Zx /er Sf)4c This Pipeline License Agreement (the "License ") is made and entered into effective the date last executed herein be- low, by and between Georgetown Railroad Company, a Texas cor- poration ( "GRR "), as licensor, and the City of Round Rock, Texas ( "Round Rock "), as licensee; W I T N E S S E T H: WHEREAS, the City of Round Rock desires to construct a thirty (30) inch pipeline, with a forty -two (42) inch incase- ment, for the transportation of water (the "Pipeline "), which Pipeline will cross under the tracks of GRR; and WHEREAS, GRR wishes to grant to the City of Round Rock a license to construct and maintain the Pipeline; NOW, THEREORE, the parties hereby agree as follows: Article I License Granted; Term; Consideration For and in consideration of the mutual covenants and contracts herein contained, GRR hereby grants to Round Rock a license to construct and maintain the Pipeline to cross under GRR's main line track, 321 feet Southwest of Interstate Highway 35, South of Georgetown, Williamson County, Texas, and further described in Exhibit "A" attached hereto and incorpo- rated herein for all pertinent purposes, on the terms and conditions described hereinbelow. This License shall be ef- fective from and after the date fully executed, and shall ter- minate at such time as the Pipeline is no longer used by the City of Round Rock for the use provided hereinabove. In con- sideration of the granting of this License by GRR, Round Rock agrees to pay to GRR, immediately upon execution hereof, the sum of fifty dollars ($50.00). Article II Pipeline Location The Pipeline shall be located as described in Article I hereof. The Pipeline, when installed by Licensee, shall be installed so that the upper surface of the pipe is at least four and one -half (4 -1/2) feet below the bottom of the rail thereover, or at such lower depth which may be necessary to provide adequate support for the rail. Installation shall be made in conformity with the engineering profile contained in Exhibit "A" hereto. -2- Article III Responsibilities of Round Rock 3.1. Installation and Maintenance; Removal of Pipe Round Rock shall install or cause to be installed the Pipeline at the location provided in Article I hereinabove. The Pipeline shall be installed safely and in a good workman- like manner, and during the construction, Round Rock or its contractor involved in the construction shall secure a policy of Owner's and Contractor's Protective Liability Insurance with limits of liability of at least $2,000,000.00, naming GRR as the named insured and loss payee. Round Rock agrees to provide satisfactory evidence of such insurance coverage prior to beginning construction of the Pipeline. During the term of the License, Round Rock agrees that it will properly maintain the Pipeline and will take any and all actions and expend any and all funds which may be required to maintain the Pipeline. Round Rock further agrees that the construction, maintenance, and operation of the Pipeline will comply with all applicable State, Federal and local laws, rules or regula- tions, and upon any notification by any person that the Pipeline is not in compliance with such laws, rules and regulations, Round Rock agrees to take prompt action to bring the Pipeline into such compliance. In the event that Round Rock fails to properly maintain the Pipeline or to take any action required -3- to bring the Pipeline into conformance with all applicable laws, rules or regulations, the GRR, after 10 days notice to Round Rock, may take any such action as may be reasonably necessary to render the Pipeline safe for railroad operations or in compliance with applicable laws, rules and regulations, and Round Rock agrees that in the event GRR takes such action, Round Rock shall, with twenty (20) days, reimburse GRR for the actual cost of labor performed by or on behalf of GRR, including wages of foremen, plus 10% to cover supervision and accounting, plus vacation allowances, paid holidays and health and welfare benefit payments applicable to such labor, GRR's cost price of all materials f.o.b. GRR's rails plus 10% to cover handling and accounting, plus freight at tariff to point of use, and excise taxes applicable to said labor and materials. Upon termination of this License, Round Rock shall take prompt action to remove the pipe and all associated materials and re- pair any damage to GRR's property which may be caused by such removal. Such removal shall be undertaken by Round. Rock with- out any demand from GRR, but shall in any event commence within thirty (30) days after termination of this License and written demand for removal being made by GRR. 3.2. Indemnification and Hold Harmless During the term of this License, Round Rock agrees to -4- indemnify GRR and hold it harmless from any suits, claims, costs, loss or damage which may accrue to GRR, Round Rock or third parties, from the operation of the Pipeline arising out of, or occasioned by, the negligent acts of Round Rock or its employees or agents. The loss or damage for which Round Rock shall indemnify GRR and hold it harmless shall specifically include, but not be limited to, the following: (a) damage to or destruction of railroad track and track bed, railroad cars and engines, or to the Pipeline; (b) personal injury to or damage to property, owned, leased or operated by (i) GRR employees or agents, (ii) Round Rock employees, agents or contractors, or (iii) any third parties; and (c) economic loss to any party caused by damage to or destruction of the Pipeline or the inter- ruption of Pipeline service, caused by negligence of Round Rock, its employees or agents. Such indemnification shall include all actual monetary cost to GRR, including expenses and attorney's fees. Article IV Representations and Warranties of Round Rock Round Rock hereby represents and warrants to GRR that the constructi. operation and maintenance of the Pipeline have been prop approved by the City of Round Rock, and that - 5 - Round Rock has been authorized by resolution, or if required by its Charter, by ordinance, to enter into this Pipeline License Agreement, that the resolution or ordinance has not been repealed and is in effect at the date of execution hereof, and that this License Agreement is enforceable against Round Rock in accordance with its terms. Round Rock further warrants and represents that the city officer executing this License has been duly authorized to execute the same on behalf•of, and as the act and deed of, the City of Round Rock. Article V Assignment The License hereby granted by GRR to Round' Rock is personal to the grantee hereof, and Round Rock shall have no right to assign this License without the express prior written consent of GRR. GRR's rights hereunder shall be freely assignable. -6- Article VI Notice Any notice required or permitted hereunder shall be per- sonally delivered or sent by registered or certified mail, re- turn receipt requested to the addressee at the address listed below, and such notice shall be effective on the date of de- livery, or date of mailing. Round Rock City of Round Rock 221 East Main Street Round Rock, Texas 78664 Georgetown Railroad Company EXECUTED on the date indicated below: City of Round Rock ATTEST: BY ATTEST: BY: (Date) (Title) -7- Georgetown Railroad Company P.O. Box 529 Georgetown, Texas 78627 (Date) (Title) (City Seal) Georgetown Railroad'Company • President It. M. TWO SMAL CAI • 11 30.3u. Fr. 13/t ROLL 31 fl I ' 0+r' ,0 , IIAI CA31.10 CIMICX 11•3 AlE ARROW INDICATING. NORTH AEcrjoN RELATIVE 10 CROSS(NC I NLAXEST IbTXS I /u mla ri11[D 0/+371 1132 MT3 S! . . ' ;1 APROSLI 1 N 3000 µY 3Apy SOCTIOI LIM HI 0+ ~" y Lo117An _ FT. .\\ r 19C3Ta Ia MOT SI UW SUT� TAINE yy � O AIY mg f1 A L[11L IIM1h LINE It ItODIA01 R 31 /" MIA 0117 I b.. Nat* 3l, Georgetown Railroad Crossing Sta. 146 +15 NO SCAT F 30 . 3 ' 7. 0+T I 88 pi, I 03314 L0014 1RE1 110+00(0 ALSO OrP11114.1 FOAWLA TO FICNAE 0+E CAIINO LENO?H RITN AN0).3 OF CA915111 OTHER TNAR to I1 ALL AL DISTANCES TO 0{ REARMED AT 0+10317 31404.11 000.1 OF TAACA, EYCEFT AS NOTED. SIN ' � I1 CASING TO 12 6E70110 THE CLNTEALINE OF MACK AT MOM Omits Mr 0O0ATER OF 10 + •00 FT., 00+ 10 77.[ T.� 3l w OF 50 TNE O A EMT T AAILROAM I M3DOE, a ANT CULTEA LENQTN 030+1111 O TRACK, 41 SIGNAL RLFRESEHTATII{ 1AfIT IL PRESWT 0{431X0 (HSTALLATION IF RAILR 0 )04A A ) 3 • 311411310 1 7104 vt AREA, A 3f 3LLOOAOL3 0 t1t0 06+0011 14CLV0EI E3NLEALLS OF 6,110005; I OF MAO CROSSINGS ii O *LAN Y I I AI K 110T3 0 1 CI7E ROAD Si 1X0. of A ) IS PIPELINE CR0551NG WITHIN �Q,IGATED STREET T__TES3— TAN w ' 11 r 011 t OF Cl4.rFATS. B) IF 1E5, NAA1E Or 170110+ ��n EXTiI) LT "A" C) DISTRItSUTION LIRE 01 CARRIER PIPE 1 - - OA TRANSMISSION LIRE A - NI 1112 MIK. W1 2122 - COMADOITY TO BL COHIETED Rawl Watar OPERATING PRESSURE 4 p WALL THICKNESS rorAYLTLA i LIATERIAL I l T SING PI++E 1 1 E1 - WALL THICKNESS 5 / , t2-1 DIAMETER 4?" MATERIAL steel .1 C OUTSIDE DIAMETER S OF CARRIER AE RO INTERIOR OF CASINO PIPE. *WEN FIALNI0HIH0 DIUEHSIOHS, GIVE OUT 110E of CARRIER PIPE AND INSIDE OF CASINO PIPE. 7) IAETIN® OF INSTALLIHO CASING PIPE UNDER TRACKISI) A ORT SORE AND JACK 1REY ao110 NOT PERMITTED /I TUNNEL . OTHER N) DISTAHGC 0ENTER SE T Ludt TACK TO NEAR f OF - - JACKING PITS 'HEN MEASURED AT RIGHT ANGLES 00 TRACK I) APPLICANT HAS CONTACTED OF U. 3'. LOWJNICAT1oN DEPARTMENT Alto HAS DETE FIBER OPTIC CARLE,_,_ I,-., DOE; NOT.) EXIST IN Ytc1NITY OF WORK TO 8E PERFORMED. (1) Alternate Bids: Ductile Iron, A-PPLICATION FOR ENCASED NON - FLAMMABLE PIPELINE CROSSING NOTE) ALL AVAILABLE DIMENSIONS MUST BE FILLED IN 10 EXPEDITE THIS APPLICATION, Steel or CC 14013 3 { 31 i.1 3 • 1urcTulawnL1 IGLUA;e[ tvlp 7l +CTI 1uL wn f1 south of FM 2243 & IH - intersection AU -' Steel Cylinder Concrete FOAM 00-040 - REV. OS -01_90 1 FT. 0 FT. 'O .0+.1∎11I A ., 0+w) STEEL CASINO MALL 1 74.1 tt7- 030o5 CHART AMP 0101• 1r DA LESS 0411 10+ - IA. . 5000' ASH" DYER IT -:1- OYEZ {0• -0+l• pp�yF�� SS tr � 0000- Ova +a+ 1h 0130 4 13111 APP*0VK0 IT LPL CO. NOM TNII CNAIII 11 ONL7 FOR '11001 (71X1 H1 1 4 11 tt w , ri L ITR10OSN Or 33, 000 •11. to II' R'S 1102 0 NI 0 UNPIN GEORGETOWN RAILROAD COMPANY S. ENCASED WATERLINE _CROSSING AT T WI LIAMSON,TEXAS 1110+10+ Vtl1�. 1 MM,. .12112 FOR CITY OF ROUND ROCK I•'IL.3.M1 RR FILE NO -2 60 bAr.M Y 20_9 30 A R N E N 0 IR 44. OCCIIIDw. IL 0, +vAAMM o*r 4 OM1AC116 1R 47Neg OF ANC won 00 OLTOMIK 5C..X1002 /iM X0000. r 11140 ■116 1A6LL maw I 1.11443■Olp DATE: May 23, 1995 SUBJECT: City Council Meeting - May 25, 1995 ITEM: 14.F. Consider a resolution authorizing the Mayor to execute a license agreement with Georgetown Railroad (near Inner Space Caverns). STAFF RESOURCE PERSON: Bob Bennett STAFF RECOMMENDATION: Texas Crushed Stone has requested their Industrial District be extended an additional 7 years. If the District is extended, the City would be unable to annex into the area for 7 years. Mr. Bill Snead has offered to donate waterline easements and at least 10 acres for the expansion of the water plant as a consideration for the District. PIPELINE LICENSE AGREEMENT This Pipeline License Agreement (the "License ") is made and entered into effective the date last executed herein be- low, by and between Georgetown Railroad Company, a Texas cor- poration ( "GRR "), as licensor, and the City of Round Rock, Texas ( "Round Rock "), as licensee. WI T N E S SE T H: WHEREAS, the City of Round Rock desires to construct a thirty (30) inch pipeline, with a forty -two (42) inch incase- ment, for the transportation of water (the "Pipeline "), which Pipeline will cross under the tracks of GRR; and WHEREAS, GRR wishes to grant to the City of Round Rock a license to construct and maintain the Pipeline; NOW, THEREORE, the parties hereby agree as follows: Article I License Granted; Term; - Consideration For and in consideration of the mutual covenants and contracts herein contained, CRR hereby grants to Round Rock a license to construct and maintain the Pipeline to cross. under GRR's main line track, 321 feet Southwest of Interstate Highway 35, South of Georgetown, Williamson County, Texas, and further described in Exhibit "A" attached hereto and incorpo- rated herein for all pertinent purposes, on the terms and conditions described hereinbelow. This License shall be ef- fective from and after the date fully executed, and shall ter- minate at such time as the Pipeline is no longer used by the City of Round Rock for the use provided hereinabove. In con- sideration of the granting of this License by GRR, Round Rock agrees to pay to GRR, immediately upon execution hereof, the sum of fifty dollars ($50.00). Article II Pipeline Location The Pipeline shall be located as described in Article I hereof. The Pipeline, when installed by Licensee, shall be installed so that the upper surface of the pipe is at least four and one -half (4 -1/2) feet below the bottom of the rail thereover, or at such lower depth which may be necessary to provide adequate support for the rail. Installation shall be made in conformity with the engineering profile contained in Exhibit "A" hereto. -2- Article III Responsibilities of Round Rock 3.1. Installation and Maintenance; Removal of Pipe Round Rock shall install or cause to be installed the Pipeline at the location provided in Article I hereinabove. The Pipeline shall be installed safely and in a good workman- like manner, and during the construction, Round Rock or its contractor involved in the construction shall secure a policy of Owner's and Contractor's Protective Liability Insurance with limits of liability of at least $2,000,000.00, naming GRR as the named insured and loss payee. Round Rock agrees to provide satisfactory evidence of such insurance coverage prior to beginning construction of the Pipeline. During the term of the License, Round Rock agrees that it will properly maintain the Pipeline and will take any and all actions and expend any and all funds which may be required to maintain the Pipeline. Round Rock further agrees that the construction, maintenance, and operation of the Pipeline will comply with all applicable State, Federal and local laws, rules or regula- tions, and upon any notification by any person that the Pipeline is not in compliance with such laws, rules and regulations, Round Rock agrees to take prompt action to bring the Pipeline into such compliance. In the event that Round Rock fails to properly maintain the Pipeline or to take any action required -3- to bring the Pipeline into conformance with all applicable laws, rules or regulations, the GRR, after 10 days notice to Round Rock, may take any such action as may be reasonably necessary to render the Pipeline safe for railroad operations or in compliance with applicable laws, rules and regulations, and Round Rock agrees that in the event GRR takes such action, Round Rock shall, with twenty (20) days, reimburse GRR for the actual cost of labor performed by or on behalf of GRR, including wages of foremen, plus 10% to cover supervision and accounting, plus vacation allowances, paid holidays and health and welfare benefit payments applicable to such labor, GRR's cost price of all materials f.o.b. GRR's rails plus 10% to cover handling and accounting, plus freight at tariff to point of use, and excise taxes applicable to said labor and materials. Upon termination of this License, Round Rock shall take prompt action to remove the pipe and all associated materials and re- pair any damage to GRR's property which may be caused by such removal. Such removal shall be undertaken by Round Rock with- out any demand from GRR, but shall in any event commence within thirty (30) days after termination of this License and written demand for removal being made by GRR. 3.2. Indemnification and Hold Harmless During the term of this License, Round Rock agrees to -4- indemnify GRR and hold it harmless from any suits, claims, costs, loss or damage which may accrue to GRR, Round Rock or third parties, from the operation of the Pipeline arising out of, or occasioned by, the negligent acts of Round Rock or its employees or agents The loss or damage for which Round Rock shall indemnify GRR and hold it harmless shall specifically include, but not be limited to, the following: (a) damage to or destruction of railroad track and track bed, railroad cars and engines, or to the Pipeline; (b) personal injury to or damage to property, owned, leased or operated by (i) GRR employees or agents, (ii) Round Rock employees, agents or contractors, or (iii) any third parties; and (c) economic loss to any party caused by damage to or destruction of the Pipeline or the inter- ruption of Pipeline service, caused by negligence of Round Rock, its employees or agents. Such indemnification shall include all actual monetary cost to GRR, including expenses and attorney's fees. Article IV Representations and Warranties of Round Rock Round Rock hereby represents and warrants to GRR that the construction, operation and maintenance of the Pipeline have been properly approved by the City of Round Rock, and that - 5 - Round Rock has been authorized by resolution, or if required by its Charter, by ordinance, to enter into this Pipeline License Agreement, that the resolution or ordinance has not been repealed and is in effect at the date of execution hereof, and that this License Agreement is enforceable against Round Rock in accordance with its terms. Round Rock further warrants and represents that the city officer executing this License has been duly authorized to execute the same on behalf•of, and as the act and deed of, the City of Round Rock. Article V Assignment The License hereby granted by GRR to Round' Rock is personal to the grantee hereof, and Round Rock shall have no right to assign this License without the express prior written consent of GRR. GRR's rights hereunder shall be freely assignable. -6- Any notice required or permitted hereunder shall be per- sonally delivered or sent by registered or certified mail, re- turn receipt requested to the addressee at the address listed below, and such notice shall be effective on the date of de- livery, or date of mailing. Round Rock City of Round Rock 221 East Main Street Round Rock, Texas 78664 Article VI Notice Georgetown Railroad Company EXECUTED on the date indicated below: City of Round Rock BY: ATTEST: BY: ( J� Mal 31, /9q6.— (Date) -7- Georgetown Railroad Company P.O. Box 529 Georgetown, Texas 78627 Georgetown Railroad Company Pr esldent (Title) Georgetown Railroad Crossing Sta. 146 +15 410 Or .51 • IOI/mM rata GOd[ITI 1111101151 1 01152120 ALONG OUR RAN NOVA LI114 p11A11w1 At 11" BUM "11s er It �"t " 'rANOR to. um aro Ihn le Awl AM10bIi _3Q FT. 11411. 1155 , 14111510 $1. #1 6 11 �FT Fr fT 11145571 I1 31 • ! 1.11T N R I 1111 55. 1(1.1 4(5455/111 :t1(r .... .. SYWACt • ON A*E ARROW INDICATING NORTN AsKTJON RELATi5E tO CROSSING .1 *11 �T 111113351 ILL TORN i (1) Alternate APPLICATION FOR ENCASED NON- FLAMMABLE PIPELINE CROSSING NO SCAT F NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED IN 10 EXPEDITE TNIS APPLICAl1CN. ID FORM OR -040138 REV. 01.01 -00 4 1I 1 5fn FT. --•—•—• i `f T • 1411 4112 31 51 ..�,� FT. i TAEssirin IP TO 1 1 I IIC.IIA1 y A b.41 11(KA10E 141130 1(+3115 (11 WI11. so ttl* 1t FM 22434 -rt. IH- 35 IE1teT tion ' ® / • • 5 1 13 3O ,T. - --- , 30 3Fr. Bids: Ductile Iron, Steel or Steel Cylinder Concrete STEEL CAME NALL TNtCENESB eGHAR HO FIFE . 4 01• 1/A" IE• OA . 1 /IP 0vg1 .100) 152:" 5iO` 0510 IM'•Er T + PYDB BE• - Idr X� Ir -1yd�• .1710` 55' V5R .41• 01d 1; 0 . IUiv OE ARROYO SY R.O. CD. 4 1411 CNMf li f �4 5TR /r CA51 STRE NI TN NIN TI STIKYOT4 Of 7 001. , 0.A TO F IOYRI NIiNO 1.4NE54 VIVA ANGLO as CROIOINO OTIOR THAN SW I ._ FT. ... -.fan 145101 10553 MO 02.1513111 NANO ,1!111151.1 � Ifrr 111115 2 S I1 141.1. 001111IITAI DISTANCES TO 11 WARMED AT 1114415 MOLES FROM OF TRACK, Elan AS IITID, '� B 11 CASINO TO van STONE T111 CLNTEKtIK OA TRACK AT Elan ARMS TNx 05445E Ot 51 •'50 FT., ER AO FT., ry. RIO.OaiT. A10 1151011 4.11(15 Ts RAILROAD 4131( 5 -1115 15 NEC TO PRDYIDE !ROPE L04(07* 01051151 OF wan. Orin 34 ANIMA 04 BO' FRCP 111E DR Or ART 1AILIOA0 BRI0/E, 14 11 45 Oman, 5t am .M NITCNINO MA. 41 1211111. RQIKSENTATIVI mast 1[ 50E5(I1T ONLHO 1110301.1.0101 IF RAf1.A0AO SIOIAL& AMC IN TIC v161N17Y OF GOON IND. 31 ALLamiLlt, 51550 1/44151 1110,5111 EACEDALLS OF 11100151 4 05 N0A0 MOMS 1 OVER111A0 VIAEIICTS (1153 ROAD IMIK), WB 4 OF CLLYERTS. AI IS PIPELINE CROSSING WITHIN [e�ED,iCATED STREET �_YESj 1.1% E t$ ,� � ." — T 0) IF 'TES, NAME Vf STREET N co 0 IoTR I BUT ION LINE _OR TRANSMISSION LINE, A "•" r 4(1 - rNr 11 11 IN Mt 1=1 Dl CARRIER PIPE 1 DDIEIODITY TO RE CONVEY Rakijia W 70ICANE /S - 101 A MCY ER ,1 MATERIAL 1.11 i GEORGETOWN RAILROAD COMPANY 53 CASINO PIPE a WALL THIC5NESS. _.) D I AMITER_42,L4 ITERIAL s 'NE ] 1 M. P.1 . 8 E. 5. CASINO CA PIPE AND GREATEST OF ENCASED WATERLINE CROSSING AT CARING PIPE. k[k SHINO IIIINSIONB, 0151 OUTS IOC Of f RQRCETOWN. WILLIAMSON,TEXAS II CARRIER PIP 15 A E AND !ASIDE NSIDE 06 CASINO PIPE, m fN11r IRmN1 45 ETH� 05 11(4741.4.11(0 CASINO PIPE UIDEE TRACKI91t .r.r1 CRT BORE AND JACK IWNT BORE NOT PEp1I$T7m)1 FOR CITY OF ROUND ROCK mint ; OTHER , .------"X11–'n". CI WILL CONSTRUCTION se BY AN OUTSIDE CONTRACTOR►_h tE51 RR F ILE I�,F - 251.60 MAY 20, 9 I ti 1 HI DISTANCE IRON MEN LIRE Of TRACK TO NEAR PACE OF 7P DATE IACKi4O PITS EN ME LEASIIREO 47 41014? AWES 10 TRACE I) APPLICANT HAS CONTACTED • A R N t M 5 OF U MIt U. Y. COUN[CAT[ON DEPARrw!MT 1.5 1(45 O 1045411(ED FIRER OPTIC CABLE._DOES i...r_DOES HOT i EXIST IN VtCIMITY OF Ir 4(11(15 * u ^ EOYRIM er 115441310 on .A WORK TO 8E PERFORMED. 6011510195 15 , 51011 1(1 1n sob le ON 1 1- ropiest )Ij i1 1r 1.5131,4( N 11501 vT1E T.OLO. 4(q 1 5145.574514) ORIGItia . File: E-151.601 Al