R-97-02-27-10E - 2/27/1997conditions of the Agreement, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
7 'AY YI
RESOLUTION NO. R- 97- 02- 27 -10E
WHEREAS, the City of Round Rock needs to cross under the
track of the Union Pacific Railroad Company with a pipeline which
is part of the Peachtree Valley Drainage Improvement Project, and
WHEREAS, the Union Pacific Railroad Company has agreed to
said crossing on condition that the City execute a Pipeline
Crossing Agreement ( "Agreement "), and
WHEREAS, the City is willing to accept the terms and
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 27th day of February, 1997.
ATTEST:
R:\ wP DOCS\RRSOLVfI \kS7O2278.HPD /ccg
LAND, City Secretary
CHAR ES CULP:PP , Mayor
City of Round Rock, Texas
PLX DOC 940206
Form Approved, A V P -Law
PIPELINE CROSSING
AGREEMENT
Mile Post 1.65, Georgetown Branch
Location: Round Rock, Williamson County, Texas e
THIS AGREEMENT is made and entered into as of the a7 day of 16 gy
1991, by and between UNION PACIFIC RAILROAD COMPANY, a Utah corporation (hereinafter the Licensor)
and CITY OF ROUND ROCK, TEXAS, a municipality to be addressed at 2008 Enterprise, Round Rock, Texas 78664
(hereinafter the Licensee).
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
ARTICLE 1 - LICENSOR GRANTS RIGHT
Folder No. 925 -97
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 mamtam and operate
an underground UNCASED 48" pipeline crossing for conveying storm water only
(hereinafter the Pipeline) in the location shown and in conformity with the dimensions and specifications indicated on
the attached print dated February 4, 1997 and marked Exhibit A. Under no circumstances shall Licensee modify the
use of the pipeline for a purpose other than conveying storm water, and said pipeline shall not be used to convey any
other substance, any fiber optics, or for any other use, whether such use is currently technologically possible, or whether
such use may come into existence during the life of this Agreement.
ARTICLE 2 - CONSTRUCTION MAINTENANCE AND OPERATION
The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions,
lunitations and covenants set forth herein and in Exhibit B, hereto attached.
ARTICLE 3 - JF 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
Licensors form Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of Contractors Right
of Entry Agreement 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 Licensors pretenses
without first executing the Contractors Right of Entry Agreement
ARTICLE 4 - INSURANCE
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:
92597.plx Articles of Agreemem 7eoreary 10, 1997
Page I of 3
PLX DOC 940206 Folder No. 925 -97
Form Approved, AVP -Law
a). General Public Liability providing bodily injury and property damage coverage with combined single limit of at
least $1,000,000 each occurrence, a portion of which may be self - insured 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:
Union 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 nght -of -way at Mile Post 1.65 on the Georgetown
Branch at or near Round Rock, Texas.
b). Such insurance shall be endorsed to provide contractual liability assumed by the Licensee under this
Agreement, and that coverage shall not be canceled or changed without giving thirty (30) days' prior written notice to:
ARTICLE 5 - TERM
Folder No. 925 -97
Union Pacific Railroad Company
1416 Dodge Street, Room 1100
Omaha, Nebraska 68179 -1100
c). lithe 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.
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 6 - SPECIAL PROVISIONS
installation.
The 48" RCP must be Class V pipe. The City will pay all cost incurred for using the open -cut method of
92597.plx Articles of Agreement
Page 2 of 3
February 10, 199"
PLX.DOC 940206 Folder No. 925 -97
Form Approved. AVP•Law
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date
first herem written.
WITNESS:
X9DO/You) N.l / /L(k/
UNION PACIFIC RAILROAD COMPANY
By:
CONTRACT REPRESENTATIVE
By
Title.
Y OF ROUND ROCK, TEXAS
92597 plx Amcies of Agreement Feoruary 10, 1997
Page 3 of 3
I
PLACE ARROW INDICATING NORTH
OIRECTION RELATIVE TO CROSSING
-A FT.
r
APPLICATION FOR NON - ENCASED
NON- FLAMMABLE PIPELINE CROSSING
NOTE: ALL AVAILABLE DIMENSIONS LIIAST BE
FILLED IN TO PROCESS THIS APPLICATION.
• NO SCALE
WA. D4sT
l s.• 4a.. 2)
FT.
1,850 FT
FT.
(SCE Or( 1 sl sr.‘ STC • sl
E404 « nu
301XA16E HEED COACCI) (4401[44 Flcib oo.4cT)
(SEE NOTE O (14(4400403
'o "T""'0"^".""NzLL 1a LIE CADS :440' ` Lone Star Gas Witness
(*we '
Post and Vent Pipe
at 4 .6
LOTIO • '6440 SECT1046.. usu. ."E P
TO A LAG. 1441045 LINE IS *1466046)
AFT.
(4.5 iT NL)
(2O FL ,N(E.)
I
• e= 90. •
440 OF LAOSS440)
.ti
SCA. <SI" '/ ---- - - - -._ ?air 4(40
.'_. 44.5
. ___r_
f 404410
15 FT_
!� _ FT.
®
FT.
rr
NOtES i (CAS /. LOOT* "FN IE4+I+E0 N.A. *4
11 ALL NMIii (f4L DIST4140 TO K IEALROS 40 0400 "516 "WI (OF 1044*.
1 01 4454NG TO WOO 10100 TIE 1 or 104[0 AT *MT AMAIXS INC GOWER OF 20 . 20 FT.. a 30 rt..
APO MOON? LIMIT OF Y43 111044 -00-14 Q6 MINIM 1 If •SAAT 10 INI04 4•05114 1001« *RIME OF MC.
1 4 R00 34 w «11[44 OF 50' •1041 TIE 00 OF ANT 041.1340 01I00E. • a 440 01.10141. 05 Fraa 441 111504INO ueCa.
4 f3
11044L NENRO4 MESON 41IST K ESON WING INSTALLATION If 011.1 HOWLS ARC IN 111E .114414111 OF C"SSI'C.
I 44 41ASYLC flim MALTS 01.1400 AYfa4.S K 00100ES: • OF Ma ocs14 • 010,40.0 0110ATS tc,TE 1040 ... •
ON y5T[0TS.
I 04 f C C4 01 .151 K Vti E 141ST A NOON: OF 2 MGT MGT 1001 I1E C*ISTl4a Flom 051TIC GANZ ANT OGANAT14IN 140:4,0 10
•4(41
4f4N FEET 4r 4" 1414 46"04" Gd 051f(G C4!-E 4467 ('4410 OCC.
Al [5 PIPELINE CROSSING WITHIN DEDICATED STREET ? YES; .J*0
BI IF YES, NAME OF STREET
.,) DISTRIBUTION LINE OR TRANSMISSION LINE
C1 CARRIER PIPE :
01.4.00(TY To BE co4VEYF0Storm Water
OPERATING PRE5511R O PSI
CI
45S V
WALL THICKNESS a01AMETER 4R ;6UTE RCP
El CASING WLL N/A -•DIAMETER N/A •4ATERI.LL N/A
NOTE :CASING MUST NAVE 2' CLEARANCE BETWEEN GREATEST
OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF
CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF
CARRIER PIPE AND INSIDE OF CASING PIPE.
F1 METHOD OF INSTALLING CASING PIPE UNDER TRACK)5,:
F ORY BORE AND JACK (WET BORE NOT PERMITTED) ;
N A TUNNEL ; OTHER_SPP App r: athnn Ste .18
GI WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? A YFS syy
H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF gpp,3)}ID AND
JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK N ?H
I) APPLICANT HAS CONTACTED (Sr 1440.)
OF U. P. COMMUNICATION DEPARTMENT AND HAS DETERMINED FIBER
OPTIC CABLE__DOES ;_TIDES NOT; EXIST IN-VICINITY OF
WORK TO BE PERFORMED . TICKET 140.
FOPJ4 0R - 040'
REV. (0 —4 -3
FT.
A SIN j
• L
W 40111 N G -`,
40 "4 OOFASU40.;C=P. :OPYN(CAT4oN5
.064R"g0f 0402 a OaalCTT (N 40*I
oF AI'i Ras TO KO0,ow alsloaa 40
lor0T(00 OF MEN •517414 GALL
14 YE a 4-400-336-1110
TO Round I
1 E4REST LL TO.
STEEL CAS
15)041E5
0)NU4 4
TNICENE55
2500
3125'
3150
4375
5000
5425`
4250
Srlr
3/r
LIr
fir
s.Ir
srr
OVER 4r
APPROVED
W7C TIM
FOR 5400714
0 )PES VTR
STRENGTH OF
ND WAL'
CHART
01A4E2EI
CASING I
Ir 0.T
OVER 1r
OVER 1r
OVER Zr
OVER 2r
OVER 30
OVER 4r
I4IST BE
m R. 1. C
5440. CI
11414AN 7
35,000 1
FOMI;A TO FIGURE CAS
LENGTH RI 714 0140.4 OF
CROSSING OTNER_T01144 9
B
43N.1
('all
EXHIBIT "A"
N' A' PACIFIC p RAILROAD CO.
G eo,2y. 7;w A, u A//L4
LL P I. 6S ' E S. 5 i Z
NON - ENCASED QiptliN CROSSING
Round Rock, Williamson, Tex
4.FA.ar am tounTo 11.4.7
City of Round Rock, Texas
RR FILE NO 94 DATF
PL X 960425
Form Approved, A V P -Law
EXHIBIT B
Section I. L MITATISN AND SUBORDINATION • F Rt HTS G
(a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to
use and mmntmn its entire property Including the right and power of the Licensor to construct, maintmn. recmr, renew, use.
operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wtrelines. 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 tines 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 lessees of
the Licensor's property, and others) and the nght of the Licensor to renew and extend the same, and is made •mthout 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 recor.structec by the
Licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification (029 adopted November l949, ano
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 Licensors 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, repro, renewal,
modificatton or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor.
(c) Pnor 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 plans setting out the method and manner of handling the work including the shoring and
cribbing, if any, required to protect the Licenser's operations, and shall not proceed with the work until such plans 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 tt 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 to connection therewith, which expense shall include all assignable costs.
(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
If art emergency should arse requiring immediate attention, the Licensee shall provide as much notice as pracicable
to Licensor before commencing cmy work. In all other situations, the Licensee shall notify the Licensor at least :en (10) drys (or
such other time as the Licensor may allow) in advance of the commencement of any work upon property of :he Licensor in
connection with the construction, maintenance, repa r. renewal, modification. reconstructon, relocation cr removal of the Pip .._.e.
All such work shall be prosecuted diligently to completion.
Section 4 LICENSEE TO BEAR ENTIRE EXPENSE
The Licensee shall bear the entire cost and expense incurred in connection w-th the construction, moan:encce - epmr
and renewal and any and all modification. revision, relocation, removal or r ecorstructton of the Pipeline. incluG.g any
expense which may be incurred by the Licensor in connection therewith for supernsion, inspection, tlacan :a, or cihery .._e
plx.exb Page I of 4 c< - .art 0
PL X 960425
Form Approved. AVP -Law
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 such new location 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 as modified,
changed or relocated within the contemplation of this section.
Section 6. NO INTERFERENCE WITH LICENSORS 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, mantaned repaired, renewed and operated in such manner as to cause no interference whatsoever i:,th 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 Licensors 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- 336 -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,
all at Licensee's expense. 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 costs 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, attomeys' 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 licensors 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 clown 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 licensors property.
Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES.
(a) The Licensee shall fully pay for all matenals joined or affixed to and labor performed upon property of the Licensor in
connection with the construction, maintenance, repcnr, renewal, modification or reconstruction of the Pipeline, and shall not permit
or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for col,/ work done or
materials furnished thereon at the instance or request or on behalf of the Licensee The Licensee shall inde.-nnify and hold
harmless the Licensor against and from any and all hers, claims, demands, costs and expenses of whatsoever nmue in a ..y way
connected with or growing out of such work done. labor performed, or materials furnished.
(b) The licensee shall promptly pay or discharge ail taxes. cnarges and assessments levied upon, in respect :a. or on ccect
of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the :axes, cnmges
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 tin, charge or assessment may not be separately made cr assessed :a •::a
Licensee but shall be included in the assessment of the property of the licensor, then the Licensee shall pay to :ne licensor
equitable proportion of such taxes determined by the value of the Licensees property upon property of the Licensor as compcced
plx,txb Page 2 of 4
E.xaibn 3
PL X 960425
Form Approved, AVP -Laiv
with the entire value of such property.
Section 9 RESTORATION OF LICENSORS 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, modificaton,
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 some 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, loss, 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 enses 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, 'Loss" includes loss, 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 ds 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:
L. 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 port
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 Licensor.
Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT.
Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the
Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to
the satisfaction of the licensor, such portions of such property to as good a condition as 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, ct 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 end
restoration to the satisfaction of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of -he
restoration of the roadbed and property as herein provided, the Licensor shall 10 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 contoured to be kept, o user: ed
and performed by the Licensee shall in no way =par the right of the licensor to avail itself of any remedy for any subsegi.ent
breach thereof.
pix,cxb Page 3 of 4
E croba 9
PL X 960425
Form Approvcd. AVP -Law
Section 13 TERMINATION.
(a) 0 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 alter wntten notice from the
Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement
by written nottce.
(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 o riy date in such notice stated, not less, however, than thirty (30) days subsequent to the date
upon which such nonce shall be given.
(c) Notice of default and notice of termination may be 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 riot assign this Agreement, us whole or in part, or any tights 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 nghts 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 l4 hereof, this Agreement shall be binding upon and inure to the benefit of the parties
hereto, their heirs, executors, administrators, successors and assigns.
ple cxb Para of 4 Eer ;o:t 3
I
DATE: February 24, 1997
SUBJECT: City Council Meeting, February 27, 1997
ITEM: 10E. Consider a resolution authorizing the Mayor to execute a pipeline
crossing agreement with Union Pacific Railroad associated with the
Peachtree Valley Drainage Improvement Project.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
This agreement will allow the crossing of the Union Pacific Railroad Right - of with a
storm sewer to be constructed as a part of the Peachtree Valley Drainage Improvement
Project. The storm sewer crossing is located east of the Peachtree Valley Subdivision on
the Union Pacific spur which connects with the Georgetown Railroad_ Staff recommends
approval.
R. a UHRICH
ASSISTANT VICE PRESIDENT
ROOM 1100, 1416 DODGE STREET
OMAHA, NEBRASKA 68179 -1100
(402) 271.3753
FAX (402) 271.5493
Dear Mr. Wille:
distpl.ltr
MR ALVIN WILLE
CITY OF ROUND ROCK
221 EAST MAIN ST
ROUND ROCK TX 78664
P� q`7- Da -a I- Il7E RECEIVED APR 2 1 1997
UNION PACIFIC RAILROAD COMPANY
CONTRACTS & REAL ESTATE DEPARTMENT
March 18, 1997
Folder No. 925 - 97
J A ANTHONY
DIRECTOR- CONTRACTS 8
JOINT FACILITIES
D D BROWN
DIRECTOR -REAL ESTATE
J L HAWKINS
DIRECTOR - OPERATIONS SUPPORT
D. H. LIGHTWINE
DIRECTOR-REAL ESTATE
Attached is your original copy of the Pipeline Crossing Agreement, fully executed on behalf of the Railroad Company.
If this construction is to be done by a contractor, before work can begin, the Contractor's Right of Entry Agreement must
be executed by the contractor and returned to me, together with their proof of insurance, as provided in Article 5 of this agreement.
The Railroad Company has authorized the installation of fiber optic cable facilities on its property in certain areas. Prior
to using the Railroad Company's property covered herein, you should thoroughly review the terms and conditions of the documents
and contact the Railroad Company at 1- 800 - 336 -9193 to determine if a fiber optic cable is buried on the subject property. When
you or your representative enter the Railroad Company's property, a copy of this fully- executed document must be available at the
site to be shown on request to any Railroad employee or official,
All Insurance Certificates, if required by the agreements, should be forwarded to me:
Folder No. 925 - 97
Director - Contracts
Union Pacific Railroad Company
1416 Dodge Street, Room 1100
Omaha, Nebraska 68179 •
In order to protect the Railroad Company's property as well as for safety reasons, it is imperative that you notify the
Railroad Company's Manager of Track Maintenance and the Communications Department:
OSCAR ESCAMILLA, MTM
UNION PACIFIC RAILROAD
311 E BAGDAD
ROUND ROCK TX 78664
(512) 255-5966
Fiber Optics Hot Line
1- 800 - 336 -9193
•
dIstpl.ttr
a minimum of forty-eight (48) hours in advance of any construction on, along, or across the Railroad Company's nght-
of -way and/or tracks.
erely yours,
J. M. PREBLE
CONTRACT - REPRESENTATIVE
PLX.DOC 940206 Folder No. 925 -97
Form Approved, AVP -Law
PIPELINE CROSSING
AGREEMENT
Mile Post 1.65, Georgetown Branch
Location: Round Rock, Williamson County, Texas
e7 tit
THIS AGREEMENT is made and entered into as of the Of r day of FCBel./RRy
199 1 by and between UNION PACIFIC RAILROAD COMPANY, a Utah corporation (hereinafter the Licensor)
and CITY OF ROUND ROCK, TEXAS, a municipality to be addressed at 2008 Enterprise, Round Rock, Texas 78664
(hereinafter the Licensee).
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
ARTICLE 1 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
an underground UNCASED 48" pipeline crossing for conveying storm water only
(hereinafter the Pipeline) in the location shown and in conformity with the dimensions and specifications indicated on
the attached print dated February 4, 1997 and marked Exhibit A. Under no circumstances shall Licensee modify the
use of the pipeline for a purpose other than conveying storm water, and said pipeline shall not be used to convey any
other substance, any fiber optics, or for any other use, whether such use is currently technologically possible, or whether
such use may come into existence during the life of this Agreement.
ARTICLE 2 - 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 3 - IF WORK TO BE PE • O L 1 D BY C 1 NTRA TOR
ARTICLE 4 - INSURANCE
Ha 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
Licensor's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of Contractor's Right
of Entry Agreement 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 Licensor's premises
without first executing the Contractor's Right of Entry Agreement.
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:
92597 plx Articles of Agreement February 10, 1997
Page 1 of 3
12 255
PLX DOC 940206 Folder No 925 -97
Form Approved, AVP -Law
a). General Public Liability providing bodily injury and property damage coverage with combined single limit of at
least $1,000,000 each occurrence, a portion of which may be self - insured 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:
Union 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 1.65 on the Georgetown
Branch at or near Round Rock, Texas.
b). Such insurance shall be endorsed to provide contractual liability assumed by the Licensee under this
Agreement, and that coverage shall not be canceled or changed without giving thirty (30) days' prior written notice to:
c). If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the
limits of insurance descnbed 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 5 - TERM
ARTICLE 6 - SPECIAL PROVISIONS
installation.
Folder No. 925 -97
Union Pacific Railroad Company
1416 Dodge Street, Room 1100
Omaha, Nebraska 68179 -1100
This Agreement shall take effect as of the date fust herein written and shall continue in full force and effect
until terminated as herein provided.
The 48" RCP must be Class V pipe. The City will pay all cost incurred for using the open -cut method of
92597 plx Articles of Agreement February 10, 1997
Page 2 of 3
PLX DOC 940206
Form Approved, AVP•Law
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date
first herein wntten.
WITNESS:
By:
UNION PACIFIC RAILROAD COMPANY
191255
ONTRACT REPRESENTATIVE
Folder No. 925 -97
92597.plx Articles of Agreement February 10, 1997
Page 3 of 3
Al
71
CI
PLACE ARROW INDICATING NORTH
DIRECTION RELATIVE TO CROSSING
NO SCALE
srT.
• 1,850
�T
(SEE Wr[
101411*[[ •010 (4412 2001 5001101 LINE [10531.21
�T.
(.2TO nos WT 5(41 01 04CC
20 i .PWL YAKET 44.E I5 011Ul*40)
_ FL _FT.
W4 MST
15.• 1a.. 43
4
_FT. ( CS 22 IN.)
_ F T . (20 FT. SIMI
SEA CASIM CASIC PI2*S.s tae. a)
20
_FT.
r
NON- FLAMMABLE PIPELINE CROSSING
IS R.
1411 11110:
I DU.SQ � 241(4 ( Wx'T)
APPLICATION FOR NON - ENCASED
NOTE: ALL AVAILABLE DIMENSIONS 141ST BE
FILLEO IN TO PROCESS THIS APPLICATION.
O
El CASI W W ALL I THICKNESS N/A ,O(ALETER N/A . MATERIAL N/A
NOTE :CASING MUST HAVE r CLEARANCE BETWEEN GREATEST
OUTSIDE DIAMETER OF CARRIER PIPE A00 INTERIOR o(ALETER OF
CASING PIPE WHEN FURNISHING OIMENSIONS, GIVE OUTSIDE OF
CARRIER PIPE AND INSIDE Of CASING PIPE
Fl UETHOO OF INSTALLING CASING PIPE UNDER TRACK(S):
DRY BORE AND JACK 1WEr BORE NOT PERMITTE01;
NIA TIRA(EL ; OTHER SPA. App i ha J Stem .18
G1 WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? X 1r
H, JACKING P[ WHEN( MEASURED AT TRACK FACE ARO
RIGHT ANGLES TO TRACK IN
/t1
II APPLICANT HAS CONTACTED - (SW NN.)
OF U. P. CO4141NICATION OEPARTIENT AND HAS DETERMINED FIBER
OPTIC CABLE -_DOES ;_____DOES NOT ; EXIST IN VICINITY OF '
WORK TO BE PERFORMED . TICKET NO.
191255
65 FT.
- (SCE WOE 3 • 0)
FT.
4424.E OF 001551•2)
J
(0(SCR Flub OBJECT)
Lone Star Gas Witnes sFT-
Post and Vent Pipe
0
0
NO.OBm I �S000YOE .
\ fir .
IS Fr. 011.1
SUL 00120
i
FT.
•m 2 ' (CASIC LOCTN 0202 .EI.SIINL 4012 .228.182.1
1. AL 20020200. 0131442.3 TO 02 2EASU.O AT *1412 ACES maw 4 OP T*ACT-
22 (MIK TO 1(00 02100 TM 0s TMK or ■MOOT YKT.ES TIE MAIM Or 22 • TO T.. 04. 30 F4.
FT
a/0 24.\024 11 OP 041(4000 21012 -0MOM K 00SSSMT (0 MOTILE M TOt WM. 01440E Or 1041.
3. NON I. OF S0 COM THE 00 Or AN( 0A1LA0.0 MOM OM 4 01 011011. 01 8101 AOT 22(10(210 4124.
( 2. 110112 O MST 6T 0E MESON 0111100 061111.1001 IF 24(11010 SIOIIU ME (0 THE VICINITY Of COMM.
I G 4(124.422 VI= mucus 120U*4L mamma K Balms: f Of Rao 00111222 0 Wawt/0 NAO.2S (O1VE 20A0 MAEI. a 6A.FST3.
Y
CUM A10 GINNER raw any 22 #5. • room/ or 2 BEET 0006 TOE 20(41(.0 stoat OPTIC CAGLE. ANT DIMMATIC• 020/100 01n*0
S FEET 02 M GIST(8G 2(211 12122 MOLE Y2T K 224* Dm.
I5 PIPELINE CROSSING WITHIN OEDICATED STREET ?.___TES;_N0;
(F YES. NAME OF STREET
DISTRIBUTION LINE OR TRANSMISSION LINE
CARRIER PIPE : Storm Water
CON/.g01TY TO BE COHVEVF2
OPERATING PRES I C / V
WALL THICKNESS EM.ETEtt dam" .MATERIAL PrP •
FORT) OR -040s
REV. t0 -1 -S
4 -3o Fr.
„ Round R
WARE.' „
EXHIBIT "A"
«w 21.1.0 414 oAn
N " PACIFIC RAILROAD CO.
6 ;o2j.- 70 13 /"01.1,4
M-P I� CS E.S. 7z�r. 72
NON - ENCASED Qi pE I' A) 1 - CROSS 1 NG )
Round Rock, Williamson, Taxi
2.001 am 1••211 10Y20
City of Round Rock, Texas
RR FILE NO 94 DATFI -- 9
WARNING
STEEL CAS
THICKNES
NIN2A11
T0)C5IES5
5500
312
IT50
1315'
5000'
SUS'
6250'
1/C
31 r
3/r
T/ 2
1 /r
1420
S/r
OVER Ar
APPROVED
NOTE THIS
FOR SMOOTH
PIPES NMI
STRENGTH
Ir on
NG WALL
CHART
0I METER
CASINO P
OVER Ir..
OVER 1 r -
OVER 2
OVER 3r-
OVER -
MA 4 r-
1[151 0E
T R.R. CC
CHART. (2 0
STEEL CL5 W
N1N1/ T1
OF I0.000 P
FORI/1LA TO FIGURE 0451
LENGTH fITN ANGLE OF
CROSSING OTHER .TH■N 12
A SIN
• toe
A n.
IM 41 . 000/2404 r 2. 0}o4oItGTI06
O (TART40tT MAX K CONTA(1ED (O 40144CE
OP NW 00¢ A 0E1FMK 04STDCE Ab
LOCATOR( or FIRM OPTIC C•.. s.
Poxes 1- 000 -151 -1103
OW 1..
1(141.
(*0(2
aL X 960425
Form Approved, AVP -Law
EXHIBIT B
Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED
(a) The foregoing grant of right is subject cmd subordinate to the prior and continuing right cmd 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 wirelines, 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 lessees 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, mointcnned, 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 Licensor'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.
(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 plans setting out the method and manner of handling the work including the shoring and
cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such pions 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 nght, 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 otter bills shall have been rendered therefor, all expense incurred by the
Licensor in connection therewith which expense shall include all assignable costs.
(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.
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 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.
plx.exb Page 1 of 4 Exhibit B
191255
.PL X 960425
Farm Approved, AVP -Law
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 such new location 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 mid stipulations herein expressed with reference to the Pipeline on property of the Licensor in
the location hereinbefore described shall, so fm- as the Pipeline remains on the property, apply to the Pipeline as 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 - 336 -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
compony(fes) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable,
all at Licensee's expense, 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 costs 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 Licensors property, and/or (2) any injury to or death of any person employed by or on behalf
of arty 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 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.
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, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit
or suffer any mechanic's or materialmai's lien of any kind or nature to be enforced against the property for any work done or
matenals furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold
harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in army way
connected with or growing out of such work done, labor performed, or matenals 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 same 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 tar 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 tares determined by the value of the Licensees property upon property of the Licensor as compared
plx.exb Page 2 of 4 Exhibit B
-PL X 960425`
Fotin Approved, AVP -Law
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, loss, 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; "Loss" includes loss, damage, cicsms, 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 core
or custody).
(b) As a mayor inducement and m 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,
mcnntenance, repair, renewal, modification, reconstruction, relocation, or removal of the Pipeline or any port
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 Licensor.
Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT.
Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the
Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to
the satisfaction of the Licensor, such portions of such property to as good a condition as they were mat 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.
plx.exb Page 3 of 4 Exhibit B
.PL. X 960425-
Form Approved. AVP•Law
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 cmy 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 subpaagraph (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 less, however, than thirty (30) days subsequent to the date
upon which such notice shall be given.
(c) Notice of default and notice of termination may be 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 prtor thereto
Section 14. AGREEMENT NOT TO BE ASSIGNED
The licensee shall not assign this Agreement, in whole or in port, 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
votd and, at the option of the Licensor, shall terminate this Agreement.
Section 15.
•R • ll'
A
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.
plx.cxb Page 4 of 4 Exhibit 13
R D UHRICH
ASSISTANT VICE PRESIDENT
ROOM 1100 1916 DODGE STREET
OMAHA, NEBRASKA 68179 1 t00
002) 271 3753
FA% (102) 271 5903
of -way.
doccx.ltr
MR ALVIN WILLE
CITY OF ROUND ROCK
2008 ENTERPRISE
ROUND ROCK TX 78664
UNION PACIFIC RAILROAD COMPANY
CONTRACTS & REAL ESTATE DEPARTMENT
UNION
PACIFIC
1 1111 1
February 10, 1997
Folder No. 925 -97
Dear Mr. Wille:
RE: 48" UNCASED storm water pipeline crossing at Mile Post 1.65, Round Rock, Texas
Attached are duplicate originals of a Pipeline Crossing Agreement covering your use of the Railroad Company's right-
To properly document your use of the Railroad Company's property, it is necessary that you execute the attached documents. Please
return 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 Contractors Right -of -Entry Agreement, if a contractor will perform the work.
If you are using a contractor, the contractor must execute the Contractor's Right of Entry Agreement, return both copies
of the Agreement to me along with the $500 administrative handling fee. The Contractor will not be allowed on Railroad property
until an agreement is fully executed.
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.
Sincerely yours,�
JOAN M. PREBLE
CONTRACT - REPRESENTATIVE
(402) 271-2336
J. A ANTHONY
DIRECTOR.CONTRACTS d
JOINT FACILITIES
D D BROWN
DIRECTOR REAL ESTATE
J L HAWKINS
DIRECTOR - OPERATIONS SUPPORT
D H LIGHTWINE
DIRECTOR -REAL ESTATE
W R ULRICH
DIRECTOR - FACILITY MANAGEMENT
DATE: February 20, 1997
TO: Steve Sheets,
City Attomey �(yJ
FROM: Al Wille, P.E., R.P.L.S.
Asst. Director /Chief Engineer
RE: Peachtree Valley Drainage Improvements/Pipeline Crossing Agreement With Union
Pacific Railroad
Transmitted herewith, for your review, is a proposed Pipeline Crossing Agreement with Union
Pacific Railroad which is associated with the Peachtree Valley Drainage Improvement Project.
This agreement is scheduled for Council consideration at the February 27, 1997 meeting. If you
have any questions please give me a call.
cc:file
Larry Madsen
pmdopn22O
CITY OF ROUND ROCK
INTEROFFICE MEMORANDUM
PUBLIC WORKS DEPARTMENT
General Obligation Bond Projects
D1 . Peachtree Drainage