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HomeMy WebLinkAboutRES 85-166 R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Mayor be, and he is hereby, authorized to execute license agreements, copies of which are attached hereto as Exhibits "A" , "B" and "C" with the Santa Fe Railray Company for Sanitary Sewer Improvements Project, Broadway Separation Sewers, Contract 17D. BE IT FURTHER RESOLVED THAT a one time fee of Two Hundred Fifty Dollars ( $250) be paid to the Santa Fe Railway Company for permit CT32969. PASSED BY THE CITY COUNCIL of the City of Beaumont this the --ZZAJ day of 1985. Mayor - Ct 3 969 PIPE LIW LICEMFE THIS LICENSE, Made this 29th day of March, 1385, between THE ATCHISsi, TOPEKA AND SANTA FE RAILWAY COHPANY, a Delaware corporation (hereinafter cailec "Licensor"), party of the first part, and CITY OF BF:AltMONT, TEXAS, a krdcipal corporation, acting herein by its Mayor, hereunto duly authorizers, (hereinafter, whether one or more called "Licensee"), party of the second part. WITNESSETHl, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Lim to construct and maintain one (1) pipe line, thirty five (35.0) feet in length am (24.0) inrtses in dlameter (hereinafter, whether one or more Pipe lines, called the "FIFE LINE"): across or along the right of trey of Licensor at or near the station of beaumont, Jefferson County, Texas, the exact location of the PIPE LINE Ming more particularly shown by bola line upon the print hereto attached, No. 1.03372, dated !March 221, 1985, marked "Exhibit A" and made a parrt hereof. 2. Licensee shall use the PIPE LINE solely for carrying sewage and shall not use it to carry any other commodity or for any other purpose whatsoever. 3. Licensee shall pay Licensor as compensation for this license the sum of Two t-ur=ed Fifty And NO/100ths Uol.lars ($250.00). 4. Licensee shall, at its own Cost am sWject to the supervision and control of Licensor'as chief engineer, late, construct and maintain the PIPE LINE in such a maroar end of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and property of Licensor, or the safe operation of its railroad. In .eases where the Licensee is permitted under paragraph 2 hereof to use PIPE LIME for oils troi is or other fl+ able or hi volatile substances PIPE L constructed, installed and thereafter maIntamieU in ty with the plans and specifications stern on print hereto attached in such cases, marked Exhibit 8 and mare a part hereof. If at any time Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, Licensor may, at its option, itself perform such work as it deems necessary for the safe operation of its rallroad, end in such event Licensee agrees to pay, within fifty (15) stays after bill ill have been rendered therefor, the cost so :i.ncurreu by Licensor, but failure an the part of Licensor to perform the obligations of Licensee shall not release Licensee from liability here+,nder for loss or dwage occasioned thereby. Exhibit "A" 5. Licensees shall reimburse Licenser for any expense incurred by Licouar for false work to support Licensor's tracks and for flagman to protect its traffic during Installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss, dares or expense that Licensor may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, uses state or repair, or presence of the PIPE LIW, including any such loss damage or expense arising out of (a) loss of or doge to property, (b) injury to or death of persons, (c) meohani,cs' or other liens of any character, or (d) taxes ar e►ssessoivaats of any kdino. 7. Notwithstanding any other provisions of this License, Licensee shall Comply with all statutes, ordinances, rules, regulations, oraers am decisions (hereinafter referred to as *Stanuar % issued by any federal, state or 1cC.&l governmental body or agency established thereby (hereinafter referrar3 to as *Authority"), relating to Licensee's use of Licensor's property hereunder. in its use of the premises, Licensee shall at all times be in full compliance with all standards, present or future, set by any authority, including, but not limited to, Standards concerning air quality, water quality, noise, hazardous substances and hazardous waste. In the event Licensee falls to be in full compliance with Standards amt by any Authority, Licensor aaay, after giving reasonable notice of the failure to Licensee, and Licensee, with thirty (30) clays of such notice, falls either to correct such noncompliance or to gyve written notice to the Licensor of its ,intent to contest the allegation of noncompliance before the Authority establishing the Standard or in any other proper forum# take whatever action is necessary to protect the proms and Licensor's railroad and other adjacent pr4werty. Licensee stall rciatAxse the Licensor for all costs (incltWWV, but not limited to, consulting, engineering, cleanup and disposal costs, and legal csts) incurred by the Licensor in CoVlying with such Standards, and also such costs incurred by the Licensor in abating a violation of such Standards, Protecting against a threatened violation of such Standards# defending any claim of violation of such Standards in any proceeding before any Authority or court, and paying any fines or penalties used for such violations. Licensee shall assume liability for am shall save arxi hold harmless the Licensor from any claim of a violation of such Standards regardless of the nature thereof or the Autnodrity or parson asserting such claim, which results from Grantee's use of Licensor's prises, whether such claim arises in whole or in part from the negligence or alleged negligence of the Licensor or otherwise. Licensee, at its coats, shall assume the defense of all such claims regardless of whether they are assert+ea against Licensee or Lioensor* Upon written notice from Licensor, Licensee agrees to assure the defense of any lawsuit, administrative action or other proceed" brought against Licensor by any public body, individual, partnership, corporation, or other legal entity, relating to any matter covered by this License for which Licence has an obligation to assume liability for and/or to save and Mold harmless the Licensor. Licensee shall pay all the costs incident to such defense, including, but not limited tds, attorneys' fees, investigators' fees, litigation expense, settlement payments, and amts paid In satisfaction of juugment. Any am all lawsuits or a0ministrative actions brouWt or ameateneor on any theory of relief - 2 available at law, in equity or under. the rules of that adtrainistrative agency shall be covered by this Section, including, but not limited to, the theories of intentional misconduct, negligence, breach of statute or o=inance, or upon any theory created by statute or orCiraance, state or federal. a. THIS LICEN is given by Licensor am accepted by Licensee upon the express condition that the same may be tented at any time by either party upon ten (lo) days' notice in writing to be serves upon tt-:tr ot1-*r party, static herein the date that such termination stall take place, and that upon the teriiination of this license in this or any ether m8a'nei neicin provioeu, Licensee, upon oemsnd of Licensor, shall abandon the use of the PIPE LINE and remove the same and restore the right of way am tracks of Licensor to the same condition in which they were prier to the placing of the PIPE L IW thereunder. in case Licensee shall fail to restore Licensor's premises as aforesaid within ten (lo) days after the effective date of termination, Licensor may proceed with such work at the expense of License. No termination hereof shai.i release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, ord.ssicns or events happening prior to the Cate the PIPE LIW is removed and the right of way and track of Licensor restored as above provided. 9. In the case of the eviction of Licensee by anyone owning or obtaining title to the preodses on which the PIPE LINE is locatea, or the sale or abandonment by Liter of said premises, Licensor shall not be liable to Licensee floi any d~ of any nature whatsoever or to refund any payment made by Licensee to Licenser hersunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 10. Any notice hereunder to be given by Licensor to License shall be did to be properly served if it be deposited in the United States Mail, postage prepsita, addressed to Licence at P.O. box 327, beaumont, Texas 77704. Any notice to be given hereunder by Licensee to Licensor shall be derma to be properly served if the same be deposited in the United State Mlail, postage prepaid, wdresseo to Licensor's Division Superinaent at P.O. box 967, Temple, Texas 76533-0967. 11. In the event that two or more patties execute this instrument as Licensee, all the covenants and agreements of License in this license shall be the ,point and several covenants and agreements of such parties. 12. All the covenants and provisions of this instrument shall be binding upon and inure to the benefits of the successors, legal representatives am assigns of the parties to the sem extent ana effect as the same are binding; upon and inure to the benefit of the pasties hereto, but no assist hereof by License, its successorsq legal representative or assigns, or any subset assignee, shall be binding upon Licensor without the written consent of Licensor In each instance. .. 3 IN WITNESS *EREW, The parties have executed this agreement in ouplacate the day wid Year first above written. THE ATCHIS€N, TOPEKA AND SANTA FE RAILKAY CU4PANY, (Licenser) Approved as to form: %4cf 11 By Its l tua Real Estate a l Contacts ra y CITY OF RAUMONT, TEXAS, Its er Licensee ., 4 SECY'S NO. 54674 ~� EXHIBIT "A ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND kn CITY Of 8EAUMONT CHICAGO, ILLINOIS __�� SCALE: 1 INTO /DO FT. w SIXJThi£RN DIV CHIEF ENGINEER S1LSB£E DIST. DESCRIPTION APPROVED a DATE : FEBRUARY 7, mess* REWS60:MARC.,H 22,1W S ia. 69.73 _ M.P. 1*1693 ��Z966 C'fG of to ! .• •- - _ .Al ���/ „,.,..ao— -—A ; ' pf track — N To Docks / .•. ' r . • G yPress .St.' 4; L •� -a a N NOTE ✓ac.� or per,y Bor, Cr,�Sin9 DESCRIPTION OF PIPELINE UNDER TRACK PIPE LINE LOCATED AS SHOWN PIPE BASE OF RAIL CARRIES PRESSURE SIZE KIND THICKNESS LENGTH TO TOP OF PIPE CARRIER .ewa e, gray z`!_ in= " 5"' CASING A "/a ��. ro c 01046" ?S- C.E. DRAWING NO. 1 - 03372 vlFt'fER.?ON COUNTY ltX.4 s DIV. DWG. NO. DIV. FILE NO. C•10257 G.M. FILE NO. CT32469 C.E. FILE NO. 65 f�40 D07AS PIK LIK LIB THIS LICENSE, blade this 24th day of January, lMt between THE ATCHISCN, TOPEKA AND SANTA FE RAILWAY COWANY, a Delaware corporation (hereinafter called "Licensor"), party of the first part, and CITY OF 8EAU"T, TEXASt a Municipal corporation, meting herein by its Mayor hereunto duly authorized (hereinafter, whether one or more called "Licensee"), party of the secoro part. WITNESSE.Th, That the parties hereto for the consicerations hereinafter expressed covenant and agree as follows: 1. Subject to the terms ana conditions hereinafter salt forthi, Licensor licenses Licensee to construct and maintain one (1) pipe lone, 5 fact in length and 8 inches in diameter (hereinefte7rt whether one or more pipe lines, called the "PIPE LINE"), across or along the Fight of way of Licensor at or near the station of Heaumont, Jefferson County, Texas, the exact location of the PIPE LI being more particularly shown by bold line upon the print hereto attached, No. 1-03246, dated January 141, 1985t marked "Exhibit A" and mares a part hereof,. 2. Licensee shall use the PIPE LICE solely for carrying sewage and shall not use it to carry any other commodity or for any other purpose whatsoever. 3. Licensee shall pay licensor as compensation fox this license the sum of One and No/100th Dollars ($1.00) non-bi 7. NDtwithstandi.ng any other provisi.om of this Liam, Licensee awli fly With all statutes, ordinances, rules, regulations, or0ers wid decisions (hereinafter ref rMd to as "Ste rds"), issues by any federal, state or local govev ntal buoy or agency established thereby (hereinafter referred to as "Authority"), relating to Licensee's use of Licensor's property hereunder. In its use of the wises, Licensee Mall at all times be in full coa liance with all standards, present or Future, set by any euthority, incivading, but not kited tol Standards kerning air quality, rater quality,, noise, or s Substances and has te waste. In the event Licensee fails to be In full compliance with Standards set by any Authority, Licensor sway, after gives reasonable notice of the failure to Licensee, and Licence# within 'thirty M) days of such notice, fail$ wither tQ Cormt such nor4WUance or to give written notice to the Li:cer=r of its intent tO contest the allegation of norieWliance before the Authority establishing the Shard or in any other per forun, tie whatever action is necessary to pxotect the premises am tier's railroad and ether adjacent property. Licensee shLU reiabur" the Liter for all costs (Including, but not limited to, consulting, ��r�#r clean and diaosaal, gists, who lei costs) incurred by Licensor in c0mP1Y1P9 with such Standards, and $ISO such costs incurred by the Licensor in abating a violation of such Stanftrds, protecting against a threatened violation of such Stands, defending any claim of Violation of such Standards in any procee0ing before any Authority or Court, and Faye any fims or .pities IWWe for such v1O"tiOM. LiCenMe shall arse liability for aid sill save anc: hold fin less the Licensor fry any Chaim of a violation of such Standard re less of the nattim ttor f Orr the Authority Ot perms assertir4 such claimp which results fret Grantee's use of Lice is preaLses, vh�et, r sta%h cleim arises in whole or in part fry the negligence or alleged negligence of the Licensor or otherwise. Licensee, at its costs, shall assume the defense of all such claims regardless. of Vwther they ere asserted against Licensee or Licensor'r Upon written notice from Licensor, Licanue ads to assumg the defove of any wsuit, WRInisttat4ve action or other proceeding bit against Licensor by any public body: individual, partnership, a oVor;ati.on, or other legal entity,, relating to any rotte�r covered by this License for which Licensee has obligation to assume liability for and/or to save and holed harmless the Licensor. Lice shall pay all the costs incident to such defense, including, but not limited to, attearneyst fees, Investigatorst fbest litigation expeme. settlement psyments, and amounts, paid it' saitlsfaaction of judgment. Any aw all lawsuits or administrative actions brought or threatened can any they of relief available at limn, In equity or car the ruffs of that odwiAigtrativq agcy shall be covered by this Section, Including, but not limited to, tfae theories of intentional misconduct, neglige e, br SCh Of statute or +aitimm, or upon any terry Caatec by Statute or ordinance, state or fccleral. 8. THIS LICENSE is given by Licensor and meted by Licensee upon the express condition that the same may be tevoi.nated at any time by either party upon ten (ltd) trays' notice: in writing to be served upon the Lather party, stating therein the date that such termination shall takes place, and that upon the termination of this license in this or any other gamer herein ;proviaied. Licensee,, upon deowic of licensor, shell abandon the user of the pIK LINE a reserve the same and restore the right of try and trams of Licensor tea the some condition in which they were prior to the placing of the PIPE LINE thereur4er. In case Licensee shrill fail to restore tier's premises as arareudd within ten (10) days after the effective date Of termination, Licensor may proceed with - 2 � sich work at the +expnse of Licensee. No terminatior; hereof shali release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or everts happening prior to t4-e date the PIPE LlW is rived and the right of way and track of Licensor restcrw as above provided. 9. In the ease of the eviction of Licensee by anyarle awning QX Obtaininrj tit'.e to the premises on which the PIPE LINE is locaiLed, or the sale or abWxonment by Licensor of said premises, Licer:s- "11 wt De liable to Licensee for any damge of any nature whatsoever or to refer any payment made lay Licerrsee to Licensor or hereunder, except the proportionate part of any rearing rental charge which May have been paid hereunder in advance. 10. Any notice hereunder to be given by Licensor to Licensee shall be ceemed to be propw�;»y fierv0d if it be deposited In the United Mates Mail, postage prepaid, addr Ossed to Licerxec at P. 0. Box 3827} Oeamtj, Tex" 77704. Any Wtice to be given hereunder by L.ic mee to Licamr sa`jall be deemed to be ,pro►per.1y served if the "m be deposited in the United St&tes mil, postage prepaid, &Wrest to L.ictensor's Division Superinter4ca at P. 0. WX %79 TOMPIE, Tex" 7001. 11. in the event that two ox c ru parties execute t,,js jMtrtumt as Licenzeu, all the covenants MC agree rats of Umnsee In tt i#sense s�'� .l the joint Wid several covenants ar4 agrcW s of ,sue parties, i . All the covenants and provisiats of this instrnt st .i be ding upon an;a inure to the t*nefifis of the successors, legal representatives Wyj assigm of the pertles to the s e extent and eff+ t ss the are binaing upon and inere to the benefit of the parties hereto, but nr, assignwnt hereof by Licermm, its successors, legal .representative or assigns, or wjbsegjent assignee, mall be binding upon Licensor sor the written cent of Licensor in each instance. IN WIT SS **J;EUF# The parties have executea this sgxeement in duplicate the day and year first above written. THE ATMISM, TQ:-ECA AND w'A FE pAILWAy W~O (Licensor) Approved as to Form¢ by swltlw WO&goo,—, Its ftniar -. Rnal Es tate W N Wr-s" is r&�1 rney CITY CF aEAUMONT B its Mayor «. 3 .. SECY'S N'O. 546.4 EXHIBIT "Ar, ATTACHED TO CONTRACT BETWEEN ` ISON TOPEKA AND SANTA FE RAILWAY COMPANY ` THE ATCH AND v CITY QF ,�E,9U,/"1©/VT CHICAGO, ILLINOIS _ _ w'L�1 ----- SCALE: 1 INTO /Ll�> FT• CHIEF ENGINEER ui .SGk�Tiy�"R/V DIV DESCRIPTION APPROVED 15/4158EE DIST. a DATE : Ji4NU.4RY /9f3k_� l: 1 1 cln A. nay RAW dl- c 7 c,e No. 72 .� .� •\� .� �i, .v•.`•r ••1`� /yam` _ �� Ll :., 77"q,//w L ? ' To i✓e, roast—�- U ! T 6eav� Yard Q ,����� �; 26 f 9Z 5 - N - 5 ,' o� 25 '-siewei Give W174:17 o WC5c 11 7'h1c,Er-aess off' ©24" o1?o1 p1bcec7' 6 beef A--/ow r�o r�rnf car-©vr�d ©s showr-� hereon b� tx�/c./ C.E. DRAWING N O. 1 - DIV. DWG. NO. DIV. FILE NO. C-10045 G.M. FILE N0,S2 "329,:79C.E. FILE NO. R E S O L U T I O N --000-- BE IT KNOS-41N that on this the day of , 19 , at a regular meeting of the governing body of the City of Beat_, there came to be considered the matter of execution of a license between the said City of B*ILVM Mt , and The Atchison, Topeka and Santa Fe Railway Company,. relating to a 841V*11 pipollm , at or near said City of DsauXMt , whereupon the following proceedings were had: It was moved, seconded and unanimously voted that Mayor, be authorized and empowered to execute on behalf of the City of D"UXant , such license copy of which is hereto attached, and the same be recorded in the Minutes of the City Commission et the foot of this resolution. STATE OF COUNTY OF JZ"M b I, , City Secretary, do''hereby Oertify that the above and foregoing is a true and correct copy of a resolution passed by the City Commission of said City in regular session on , 19 the same appears of record in Book Page , Minutes of said City Commission. IN TESTIMONY WHEREOF, witness my hand and the Seal of said City, this day of , 19 City Secretary (SEAL) Gt 98 PIlE � X '2 L� THIS LICENSE, Made this 24th day of January, 1985, between THE AT041SON, TOPEKA AND -+3TA FE RAILWAY COMPANY, a Delaware corporation (hereinafter called 'Licensor"), party of the first part, and CITY OF BEAD', TEXAS, a municipal corporation, acting herein by is Hagar, hereunto duly authorized (hereinafter, whether one or more called "Licensee" , party of the second part. WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct maintain one (l) pipe line, 60 feet in length and 18 inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE LINE"), across or along the right of way of Licensor at or near the station of Bea mwt, Jefferson County, Tale, the exact location of the PIPE LINE being more particularly shown by bold line upon the print hereto attached, . 1-03241, dated Mary 14, 1985, marked Mddbit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying sew eewd shall not use it to carry any other cr udity or for any other purpose whatsoerrerr. 3. Licensee sal my Licensor as maipansstion for this license the sum of One and t0I100 Dollars t 1.00) Nonbillable. 4. Licensee shall, at its awn cost and subject to the supervision and control of Licensor's chief ,engineer, locate, construct and maintain the PIPE LINE in such a manner and of such material that it will not at any time be a source of dower to or interference with the present or future tracks, roadbed and party of Liter, oar the safe operates of its railroad. In cans where the Licensee is permitter under paragraph F hereof to use the PIPE LTte for oil s rdleuta is car otther flle cur hi volatile t sure PIM LINE shall be constructed, installed and Uereafter mainta r in conformity with the pleas and specification MhOWn on print hereto attached In such cases, marked Exhibit B end made a part hereof. If at any time Licensee Shall, in the jet of Licemor, fail to perform properly its obligetiom under this paragraph, Licensor may, at its option, itself perform wch work as it dews necessary for the safe oration of its railroad, and in such event Licensee noes to pay, within fifteen (15) days after bill shall he" been rendere3d therefor, the cost so Incurred by Licensor, but failure on the part of Licensor to Perform the obIloationrs of Licensee well not release Licensee from liability her*x,4er for loss or damage mcesioned thereby. 5. Licensee tail. reimburse Licensor for any expense incurred by Licensor for false work to import Li.censor's tracks and for flagw to protect its traffic during installation of the PIPE LINE aid for any swad all otheor expense Incurred by Licensor on account of the PIPE LIM. EXHIBIT "C" 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all lows, or expense that Licensor may sustain, incur or Become liable for, resulting in any manmr from the construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such loss demage or expense arising out of (a) loss of or dam to property, (b) injury to (c) or death of persons, mechanics' or other liens of any character, or (d taxes or assessments of any kind. 7. Notwithstanding any other provisions of this Licensee, Licensee shell Duly with aall statutes, ordinances, rules, regulations orders and decisions (hereinafter referred to as 'St�dards"'), iS;u9 by any 4� rea, state or local governmental body or agency established thereby (hereinafter referred to as "Authority% relating to Licensee's use of Li censor's prey hereunder, In Its use of the premises, Licence shall at all times be In full compliance with all girds, present or future., set by any Wthority, including, but not limited to, Standards concerning air quality, crater quality, noise, hazardous substances and hazardous waste. In the event Licensee fails to be in full corpliancea with Standards set by any Authortty, Licensor may, after giving reasonable notice of they failure to Licensees and Licensees within thirty (3) days of such notice, falls either to correct such noncompliance or to give written notice to the Licensor of its intent to contest the allegation of noncompliance before the Authority establishing the Steandaxd or In wW other proper forum, take whatever , sctiasn is ne=ssary► to protget the Premises and Licensor's railroad and other adjacent arty, Licensee shall reimburse! the Licensor for all costs (including, but not limited to, consulting, engineering, cleanup and disposal hosts, and legal costs) incurred by the Licensor in complying with such Standards, and also such costs incurred by the Licensor in abating a violation of such Standards, protecting against a threatened ned violation Of such St wards, defendinng any clalm of violations of such Staeradardea in any Proceeding before any Authority or amt, and paying any fines or penalties Imposed for Mich violations. Licensee shall awe liability for and shall save and hold haramlm the Licensor from any claim of a violation of such Standards regsrdleass of the natures thereof or the Authority or person asserting such claim, which rests from Grantee's use of Li+censor's premises, der such claim . arises in whole or in pert from the negligence or alleged negligence of the Licensor or otherwise. Licensee, at its costs, shall assume .the defense of all such claims regardless of whether they are asserted against Lime or Licensor. written notice from Licensor, Lime agrees to assume the defense of any lawsuit, administrative action or other proceeding brought against Lib or by soY public �Y• individual, Partnerships corporation, or other legal. entity, relating to My, ny asatter covered by this license for which Licensee has an obligation to assume liability for and/or to save and hold harmless the Licensor. Lich stall, pay all the assts incident to such deefee, including, but not limited to, attorneys' fees, Investigators' fees, litigation expense, settlement payments, and amounts paid in satisfaction of judgment. Any and all lawsuits or administrative actions brought or threatened can any theory of relief available at low, in equity or under the rules of that administrative agency 2 si+all be covered by this Section, including, but not limited to, the th"ries of intentional missemkict, negligence, breech of statute or ardlrwm, or upon any theory created by statute or ordinance, state or federal. 8. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that the some may be terminated at any time by either party upon ten (10) days' notice in waiting to be served upon the other party, stating therein the date that such termination shall take place, and that upon the termination of this license in this or any other mainner herein provided, Licensee, upon demand of Licensor, shall ebmW the use of the PIPE LINE wW rare the saw sse-d restore the right of way and tracks of Licensor to the stone condition in which they were prier to the placing of the PIPE LINE thereunder. In case Licensee shall fail to restore Lice nsor's premises as aforesaid within ten (10) days after the effective mate of to inartiong Licensor may proceed with such work at the expense of Licensee. No termination hereof shall release LION from any liability or obligation hereunder, Wither of Indemnity or otherwise, resulting from any sets, omissions or events hWWing prior to the date the PIPE LIME is removed and the right of way end track of Licemssw restated as above provided. 9. In the case of the eviction of Licensee by anyone owning or obtaining title to the promises pn which the PIPE LINE is located, or the sale or Liste a aenokms+ at by r cif sold premises, Licensor smell not be liable to Licensee for any dwwqe of any nature whatsoever or to refute any payment made by Lim to Licensor hereunder, except the proportionate part of any recurring rental chards which may have been paid her&-rider in advance. 10. Any notice hereunder to be given by Licensor r to Licensee shall be deemed to be properly served if it be deposited in the United States Mail, postage prepaid, addressed to Licensee at P. d. tot 3827, Wit, Texas 777o4. Any notices to be given hearer by Licensee to Licerm r shall be deemed to be properly :served if the swe be deposited In the United States Mail, postage pre id, addressed to Licensor's _Division Saperinterwdent at P. €3. Sec 9671, Temple, Texas 74M1. 11. In the event that two or more pertles execute this Instrument as Licensee, all the covenants wW agreements of Licensee In this license shall to the joint and several covenants is mid agreements of such parties. 12. All the covenants and provisions of this Instrument . shall be binding upon snit insure to the benefits of the Vicceessors, legal resp ativo s and assigns of the parties to the some extent and effect as the me are binding upon and Inure to the bowfit of the parties hereto, but no assIgnvnt harsof by Licenses, its successors# legal representertire or assigns, or any subsequent assignee, shall be binding upon Licensor without the written cunt of Licensor In rich instance. 3 Its WITNESS *V*W, The parties have executed this agreeowt in duplicate the day and year f1rst above written. THE AT041SONt TOPE" AND SANTA FE RAILWAY CI 'ANY, (Liter) Approved as to Form: ft 11410/6 %AWW.W Its KIM ' e s y CITY OF BEAUMONT its 12+6lypm . n L sae?a SECY'S NO. EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN \ THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND rl�l� Cl7 Off' A 11701V 7 CHICAGO, ILLINOIS _1714: . _ ' SCALE: ` 7"HEf?/V' � D V CHIEF ENGINEER _ w S/LSBE'E' DIST DESCRIPTION APPROVED cr a DATE : ..G4NUA.RY 14, /'985 /"Ionhole :���•: "?/,k/L inU°✓� E- B E 7c� 8eovrn©�f Yai-cy Tv fi'r✓fir-fi-on f :O.hi: �,:. Alo,�: ,10C,46- or DESCRIPTION OF PIPELINE UNDER TRACK PIPE LINE LOCATED AS SHOWN PIPE BASE OF RAIL CARRIES PRESSURE SIZE KIND THICKNESS LENGTH TO TOP OF PIPE CARRIER CASING C.E. DRAWING NO. 1 .1e�'{�i-son C�u�� 7�xchs DIV. DWG. NO. DIV. FILE NO. C'1O0GS G.M. FILE NO. Cf-3Z9Z C.E. FILE NO. '�7 R E S O L U T I O N --000-- BE IT KNOWN that on this the day of , 19 , at a regular meeting of the governing body of the City of B"=Mt , there came to be considered the matter of execution of a license between the said City of DO&U Mt , and The Atchison, Topeka and Santa Fe Railway Company, relating to a sever pipeline crossius , at or near said City of Beaas=t , whereupon the following proceedings were had: It was moved, seconded and unanimously voted that Mayor, be authorized and empowered to execute on behalf of the City of $east , such license Copy of which is hereto attached, and the same be recorded in the Minutes of the City Commission at the foot of this resolution. STATE OF TUl$ § COUNTY OF JMERSON b City Secretary, do hereby certify that the above and foregoing is a true and correct copy of a resolution passed by the City Commission of said City in regular session on , 19___L as the same appears of record in Book Page , Minutes of said City Commission. IN TESTIMONY WHEREOF, witness my hand and the Seal of said City, this day of , 19 City Secretary (SEAL)