HomeMy WebLinkAboutRES 08-308 RESOLUTION NO. 08-308
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Three Party
Agreement with the Port of Beaumont and Burlington Northern Santa Fe Railway (BNSF)
to allow construction work associated with the Calder Avenue Drainage Project to proceed
under the railroad tracks. The agreement is substantially in the form attached hereto as
Exhibit "A" and made a part hereof for all purposes.
PASSED by the City Council of the City of Beaumont this the 18`h day November,
2008.
c � - Mayor Becky Ames -
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THREE PARTY AGREEMENT
PROJECT: Calder Avenue Project
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
THIS AGREEMENT, by and between the CITY OF BEAUMONT, TEXAS, the PORT OF
BEAUMONT NAVIGATION DISTRICT OF JEFFERSON COUNTY,TEXAS,and the BURLINGTON
NORTHERN SANTA FE RAILWAY, acting by and through its duly authorized Agent.
W I T N E S S E T H
THAT WHEREAS, the CITY OF BEAUMONT, PORT OF BEAUMONT and BNSF
RAILWAY have reached an agreement wherein the CITY OF BEAUMONT is to install a storm
drainage system within the drainage easement conveyed to the CITY OF BEAUMONT by the PORT
OF BEAUMONT, and under the BNSF RAILROAD TRACK located within the street R.O.W. of
Elizabeth Street and Cypress Street.
WHEREAS, It is further agreed that upon execution of the agreement the CITY OF
BEAUMONT will be granted a sixty one (61) hour construction schedule to complete the crossing. The
sixty one (61) hours shall run continuous and provides forty eight(48) hours of continuous time for the
City's Contractor to perform work under the railroad tracks and includes thirteen (13) hours for the
Port's Contractor to remove and then to replace two sections of track. The City shall reimburse the
Port the sum of$16,098.00 to complete this work. Thirty (30) days prior to this work beginning, the
City will be granted a "Clear Zone" of ninety (90) days to complete the work East of the tracks.
During this ninety (90) days, the PORT and BNSF agree to keep the drainage easement clear of any
and all parked railcars. All work under the railroad tracks will meet construction methods as required
by BNSF RAILWAY. The start date and time will be determined and agreed upon by all parties;
NOW, THEREFORE, IT IS AGREED that the PORT OF BEAUMONT and BNSF hereby
grants to the CITY the right and privilege to perform this work as shown on the attached plan sheet,
and which is made a part hereof.
THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE
BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE
FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED.
EXECUTED this day of , 2008.
CITY OF BEAUMONT PORT OF BEAUMONT
By: By:
Name: Name:
(Printed) (Printed)
Title: Title:
BNSF RAILWAY
By:
Name:
(Printed)
Title:
THREEPARTYAGREEN ENr.wpd
EXHIBIT `A'
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