HomeMy WebLinkAbout3247 RESOLUTION NO. 3 2 4 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE
CITY OF AUBURN, TO THE EXECUTION OF A PIPELINE CROSSING
AGREEMENT BETVVEEN THE CITY AND UNION PACIFIC RAILROAD
COMPANY.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, IN A REGULAR MEETING DULY
ASSEMBLED, HEREWITH RESOLVES THAT:
Section I. The Mayor and City Clerk of the City of Auburn are herewith
authorized to execute a Pipeline Crossing Agreement between the City and
UNION PACIFIC RAILROAD COMPANY regarding an underground 12-inch
water pipeline crossing located in the City of Auburn, Washington which is
identified in the Railroad Company's records as Agreement Folder No. 01892-
18. A copy of said Agreement is attached hereto and denominated Exhibit "1"
and incorporated herein.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
DATED and SIGNED this ~ day of August 2000.
Resolution No. 3247
August 1, 2000
Page 1
CITY OF AUBURN
Charles A. Booth
Mayor
ATTEST:
ielle E.'Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Resolution No. 3247
August 1, 2000
Page 2
ORIGIN
PL X 940206
Form Approved, AVP-Law
Folder No: 01892-18
PIPELINE CROSSING
AGREEMENT
Mile Post: 164.970, Seattle Subdivision/Branch
THIS AGREEMENT is made and entered into as of July 13, 2000, by and between UNION
PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor"), and CITY
OF AUBURN, a Washington municipal corporation, whose address is 25 West Main, Auburn,
Washington 98001 (hereinafter the "Licensee").
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES FIERETO AS
FOLLOWS:
Article I. LICENSE FEE
Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time license fee
of FOUR THOUSAND SIX HUNDRED DOLLARS ($4,600.00).
Article II. 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 only a
12 inch water pipeline crossing (hereinafter the "Pipeline")
in the location shown and in conformity with the dimensions and specifications indicated on the attached
prim dated July 5, 2000, marked Exhibit A. Under no circumstances shall Licensee modify the use of the
Pipeline for a purpose other than the above-mentioned, and said Pipeline shall not be used 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 Ill. CONSTRUCTION, MAINTENANCE AND OPERATION.
The grant of right herein made to the Lieensee is subject to each and all of the terms, provisions,
conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached.
Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR.
If a contractor is to do any of the work performed on the Pipeline (including initial construction
and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its
Resolution 3247
Exhibit "1"
Page 1
contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges
receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions,
and requirements, and will inform its contractor of the need to execute the Agreement. Under no
circumstances will Licensee's contractor be allowed onto Lieensor's premises without first executing the
Contractor's Right of Entry Agreement.
Article V. INSURANCE.
A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B-1, hereto
attached. The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder
No. 01892-18, 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 of any work performed on or
associated with the pipeline crossing located on Railroad right of way at Mile Post
B. If the Licensee named in this Agreement is a public entity subject to any applicable
statutory tort laws, the limits of insurance described in Exhibit B-1 shall be the limits the Licensee then
has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion
of which may be self-insured with the consent and approval of the Licensor
C. All insurance correspondence shall be directed to: Folder No. 01892-18, Union Pacific
Railroad Company, Real Estate Department, 1800 Farnam Street, Omaha, NE 68102.
Article VI. TERM.
This Agreement shall take effect as of the date first hercin written and shall continue in full force
and effect until terminated as herein provided.
Article VH. SPECIAL PROVISIONS - NONE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first herein written.
UNION PACIFIC ILAH,ROAD COMPANY
By: Co~ctsR '~~re~
WITNESS CITY OF AUBURN
Title Mayor
Resolution 3247 ~i~hael~s
Exhibit "1" A t orm:
Page 2
City Attorney