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R-95-06-22-10E - 6/22/1995ATTEST: KS /RESOLUTION RS50622E RESOLUTION NO. R- 95- 06- 22 -10E WHEREAS, the City of Round Rock needs to cross under the track of the Union Pacific Railroad Company with a sewer pipeline which is part of the St. Williams Street Improvements Project, and WHEREAS, the Union Pacific Railroad Company 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 Union Pacific Railroad Company, a copy of said Agreement being attached hereto and incorporated herein for all purposes. RESOLVED this the 22nd day of June, 1995. ANNE LAND, City Secretary CHARLES CU PER, Mayor City of Round Rock, Texas R.D. UHRICH ASSISTANT VICE PRESIDENT ROOM 1100, )416 DODGE STREET OMAHA. NEBRASKA 68179 (402) 271-3753 FAX (402) 271 -5493 MR AL WU LE PUBLIC WORKS DEPT CITY OF ROUND ROCK 2008 ENTERPRISE ROUND ROCK TX 78664 UNION PACIFIC RAILROAD COMPANY CONTRACTS & REAL ESTATE DEPARTMENT June 6,1995 Folder No. 1409 -58 J. A. ANTHONY DIRECTOR - CONTRACTS 8 JOINT FACILITIES D. D. BROWN DIRECTOR - REAL ESTATE J. L. HAWKINS DIRECTOR - OPERATIONS SUPPORT D. H. LIGHIWINE DIRECTOR-REAL ESTATE W. R. ULRICH DIRECTOR- BUILDING SERVICES Dear Mr. Wille: RE: UNCASED 30" sewer pipeline crossing and encroachment at Mile Post 162.52, Round Rock Texas Attached are duplicate originals of a Pipeline Longitudinal Encroachment Agreement covering your use of the Railroad Company's right -of -way. To properly document your use of the Railroad Company's property, it is necessary that you execute the attached documents Please reUnn to me in the enclosed envelope the following 1. ALL, of the executed documents. 2. Certificate of Insurance, if required 3. Resolution for document execution, if required. 4. Execution and return of both Contractor's Right -of -Entry Agreement, if a contractor will perform construction of the Project- 5. Check made payable to the Missouri Pacific Railroad Company in the amount of $4,900.00. If you require formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Services' new policy regarding their Form 1099, I certify that 43-1118635 is the Railroad Company's correct Federal Taxpayer Identification Number and that Missouri Pacific Railroad Company is doing business as a corporation. Also attached is a Customer Satisfaction Survey. Please complete and return the Survey with the documents. Your completion of the Survey will enable us to determine if we have provided you with the beat possible service. If we have not received the executed documents within six months from the date of this letter, this proposed offer of an agreement is withdrawn and becomes null and void. AN M. PREBLE CONTRACTS - REPRESENTATIVE (402) 271 -2336 PLE.DOC 940207 Form Approved, AVP -Law 140958.pk PIPELINE AGREEMENT LONGITUDINAL ENCROACHMENT Ivfile Post 162.52, Austin Subdivision Location: Round Rock, Williamson County, Texas THIS AGREEMENT is made and entered into as of the (-)a 42/ day of 199_S by and between MISSOURI PACIFIC RAILROAD COMPANY, a Utah corporation. and CITY OF ROUND ROCK, a municipality to be addressed at 2008 Enterprise, Roimd Rock, T the Licensee). the Licensor) 78664 (hereinafter 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 in advance to the Licensor a one -time license fee in the sum of FOUR THOUSAND NINE HUNDRED DOLLARS (84,900.00). ARTICLE 2 - LICENSOR GRANTS RIGHT In consideration of the license fee to be paid by the 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 an underground [INCASED 30" sewer pipeline encroachment and crossing (hereinafter called the Pipeline) in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated May 4, 1995 and 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. ARTICLE 4 - JF WORK I5 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 end repair work), then the Licensee shall require its contractor to execute the Licensor's form Contractor's Rigbt of Entry Apreernent, Licensee acknowledges receipt of a copy of Contractor's Right of Entry Aft and understanding its term, 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 Licensoes premises without first executing the Contractors Right of Entry Agreement. Articles of Apraemesd km 6, 1995 Page 1 on PIEDOC 940207 Form Approved, AVP -Lw 14095 &pre ARTICLE 5 - INSIIRANCE The Licensee, at the Licensee's own sole cost and expense, shall provide to the Licensor a Certificate of Insurance certifying to the effectiveness of insurance as follows: a). General Public Liability providing bodily injury and property damage coverage with combined single limit of at least S1,000,000 each occurrence, a portion of which may be self-insured ed with the consent and approval of the Licensor. 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: Missouri Pacific Railroad Company 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 Pipeline located on the Railroad right - of-way at Mile Post 162.52 on the Austin Subdivision at or near Round Rock, Texas. b). Such inanance shall be endorsed to provide contractual liability assumed by the Licensee under this Agreement, and that coverage shall not be cancelled or changed without giving thirty (30) days' prior written notice to Folder No. 1409 -58 Missouri Pacific Railroad Company 1416 Dodge Sheet, Room 1100 Omaha, Nebraska 68179 c). If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the limits of insurance described above 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. ARTICLE 6 - IEBM 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 7 - SPECIAL PROVISIONS Reinforced concrete pipe under the railroad must be ASTM-C76 Class V (five). Jacking pits may require shoring (see enclosed shoring requirements). Shoring plans must be submitted to this office for approval prior to construction. Articles of Agreement June 6, 1993 Page 2of3 PLEAOC 940207 Farm Appova4 AVP -Law IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the date first herein written. 14095 &pla WITNESS: mrnrn-0 oan/Lali MISSOURI PACIFIC RAILROAD COMPANY By DIRECTOR - CONTRACTS 7 OF ROUND ROCK Talc mc y o k Article of Agreement Jum 6, 1995 Pagelaf PLAK ARROW INDICATING NORTH DIRE, '3N RELATIVE TO CROSSING APPLICATION FOR 4t.NCASED NON-FLAMMABLE PIPELINE CROSSING NOTE ALL AVAILABLE DIMENSIONS MUST BE FILLED N TO PROCESS TINS APPICATION. — _ — - — . - . _ — . — . — . — . — . _ - — 4GEL ORNE \ - -- - — - - 1- - - -- - - - - - -- -- P r (,2 2 73 - - 36.07' K; ¢ 221.77' 1 NOTTS. u ILL NwIQONTAL =TREES TO SC 2ERSINEO At NQIT ANACS row q Or TAat. TI CASNC TO WOO IETOIO DWI' ' TACK AT RJR AYES TIE CIRAR* OF 20.2OFT- 701 NO IETC0 LINT OF RALAJM NCM•OF -NAT F .(CESSMIT TO PROWS NOM LENOTN ONTSEK at MC< r ...Am Of OP row THE a0 Or an I .0* O SR0ot.1 or ART OLLTER7.OR roar ANT S*70w4 ANNA 11 901. NCNESONTA755 MAT Y POESENT NAN• IOTN.LATE7N F REAM NCN5S /E 54 THE NORTV 0 CROSYG 51 ALLO.ASLc 100 OOJECTS .cu al OA00IN.12 Or !*OQ,S 5 Or MVO MIMICS Y OKR(NI WVAR:72 2N I Rasa NAA(L O* 01awoT . 11 CASK NO CORNIER PVE MIST IE N.NSO A NOM OF 2 107 MO THE 5 TNG MO 0170 CHILL ANT EXCAVATXN K015R9 woo 5 RR or TK OKTOM reD1 OPTIC emu 2NNT SE 5100 DVC. A) 13 PIPELINE CROSSING WITHIN DEDICATED STREET ?, - YES_ ED V YES. NAME OF STREET C) 06TR18UTION LINE OR TRANSMISSION LINE 01 CARRIER APE' COMMODITY TO BE CONVEYED STORMWATFR RIIN -fFF • 100' R.O.W. • I 50' wl. 5D rl � r "s` I A I OF R.R. r I TRAdt - - sar- & - SCALF: 1"• 50' HORIZ. 1" -5' VERT. EXIHIBIS "A" - YNICAI PACIFIC RAILROAD CO. / 7,..A 11 * 2S OPERATING PRESSURE PSI WALL TI-0C7CNESS T 5" 'DIANETER-31.1'�.UATERIAL-SCP. 5) CASING PIPE WALL THICKNESS - - DIAMETER - :4ATERIx NOTE = CASING MUST NAVE 2" CLEARANCE BETWEEN GREATEST OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DU4ETER OF CASING PIPE. WHEN FURNISHING OMENSIONS. GIVE 01.175105 OF CARRIER PIPE AND INSIDE OF CASINO PIPE. F) METHOD OF INSTALLING CASING PIPE UNDER TRAMS); _ DRY BORE MD JACK (WET BORE NOT PERAOTTED): TUNNEL :OTHER 0) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR ?_X- YES:_N01 H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND ' JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACX _A 0 APPLICANT HAS CONTACTED MARK FTHFN OF U. P. COMMUNICATION OEPARTAENT ANO HAS DETERMINED FIBER OPTIC CABLE-E-DOESI—DO 1t5P054 EXIST �' w•2A0TY OF WORK TO BE PERFORMED. TICKET NO NOTE:Casing and carrier pipe must be placed a minimum of 2 -feet below the existing fiber optic cable. Any excavation required within 5 -feet of the existing fiber optic cable must be hand dug. N Al OccAsioS.U).C*A<SCATXRC OCPMri5IT MST i e0M7/OTm N NIVAIIO 4 NIT R0.1 2O OITOI.E IN Ala WOMEN or NKR x170 CALL. N0(. HSO0y7I.027 M.P /62- S2 E S (INCASED F17l:rr CROSSING AT RMINn RMK WI I IAMGFIN rn TFXAG IMNILit Rnn aaa+» 57■20 CITY Of ROUND ROCK RR FILE NO 19 `r S ¢ Ys PL E 940207 Form Approved, AVP -Law (c) Prior to the commencement of any work in connection with the construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline where it .passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plane setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operatione,.and shall not proceed with the work until such plane have been approved by the Vice President- Engineering Services of the Licensor and then the work shall be done to the satisfaction of the Vice President- Engineering Services or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefor, all expense incurred by the Licensor in connection therewith, which expense shall include all assignable costa. (d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. Section 3. NOTICE OF COMMENCEMENT OF WORK. EXHIBIT 8 Exhibit 8 Page 1 of 4 L: \POPMS \PL®®.FJO If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. (a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelinee, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. (b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and leeaeee of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. • Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION. . (a) The Pipeline shall be constructed, operated, maintained, repaired, renewed, modified and /or reconstructed by the Licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949, and all amendments thereof and supplements thereto, which by this reference is hereby made a part hereof, except as may be modified and approved by the Liceneor's Vice President- Engineering Services. In the event such Specification conflicts in any respect with the requirements of any federal, state or municipal law or regulation, such requirements shall govern on all points of conflict, but in all other respects the Specification shall apply. (b) All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. PL E 940207 Form Approved, AVP -Law Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. Section 5. REINFORCEMENT, RELOCATION OR REMOVAL OF PIPELINE. (a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of its property, and the Licensee shall, at the sole expense of the Licensee, reinforce the Pipeline, or move all or any portion of the Pipeline to ouch new location or remove the Pipeline from such property, as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor shall find such action necessary or desirable. (b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline am modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. (a) 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 telephone the Licensor at 1 -800- 366 -9193 (a 24 -hour number) 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 telephone the telecommunications company(ies) involved, arrange for a cable_locator, make. arrangements for relocation or other protection of the fiber optic cable, and will commence no work on the right of way until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court coots and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. (b) In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) caused by the negligence of the Licensee, its contractor, agents and /or employees, resulting in (1) any damage to or destruction of any telecommunications system on Licensor's property, and /or (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, except to the extent that such costs, liability or expenses are caused by the direct active negligence of the Licensor. Licensee further agrees that it shall not have or seek recourse against Licensor for any claim or cause of action for alleged lose of profits or revenue or lose 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. Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES. (a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, Exhibit B Page 2 of 4 LAFORMSWLE=.1470 PL E 940207 Form Approved, AVP -Law maintenance, repair, renewal, modification or reconstruction of the Pipeline, and not permit or suffer any mechanic's or materialman'e lien of any kind or nature o be enforced against the property for any work done or materials furnished thereon at th instance or request or on behalf of the Liceneee. The Licensee shall indemnify an hold harmless the Licensor against and from any and all liens, claims, demands, costa and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. (b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipeline, to prevent the eame from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. Section 9. RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loos, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. Section 10. INDEMNITY. (a) As used in this Section,_ "Licensor "includes.other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers, agents, and employees; "Lose" includes lose, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and /or (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). (b) As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees to indemnify and hold harmless the Licensor from any Loss which is due to or arises from: 1. The prosecution of any work contemplated by this Agreement including the installation, construction, maintenance, repair, renewal, modification, reconstruction, relocation, or removal of the Pipeline or any part thereof; or 2. The presence, operation, or use of the Pipeline or contents escaping therefrom, except to the extent that the Loss is caused by the sole and direct negligence of the Liceneor. Exhibit H Page 3 of 4 L: \FOmt8\PLEEXII. BJO PL E 940207 Form Approved, AVP -Law Exhibit B Page 4 of 4 L:umwm nmumaJO Section 11. REMOVAL OF PIPELINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Liced at Licensee's sole expense, remove the Pipeline from those portions of the property n o t occupied by the roadbed and track or tracks of the Licensor and shall restore, to t satisfaction of the Licensor, such portions of such property to ae good a condition they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may do such work of removal and restoration at the cost and expense of the Licensee. The Licensor may, at its option, upon such termination, at the entire cost and expense of the Licensee, remove the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline, or it may permit the Licensee to do such work of removal and restoration to the satisfaction of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. Section 13. TERMINATION. (a) If the Licensee does not use the right.herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. (b) In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not lees, however, than thirty (30) days subsequent to the date upon which such notice shall be given. (c) Notice of default and notice of termination maybe.served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. DATE: June 20, 1995 SUBJECT: City Council Meeting, June 22, 1995 ITEM: 10E. Consider a resolution authorizing the Mayor to enter into a pipeline agreement with Missouri Pacific Railroad for the St. Williams Street Improvement Project. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: This agreement will allow the construction of a storm sewer along and across the railroad right -of -way. This improvement is a necessary part of the St. Williams Street improvement project. Staff recommends approval.