HomeMy WebLinkAbout1998 Ordinance No. 028•
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ORDINANCE NO .~r
SERIES OF 1998
BY AUTHORITY
COUNCIL BILL NO. 10
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE AUTHORIZING A PIPELINE CROSSING AGREEMENT
ENTITLED PIPELINE CROSSING AGREEMENT -MILE POST: 6.45" AT YALE
AVENUE WITH THE UNION PACIFIC RAILROAD COMPANY.
WHEREAS, in 1953 the Englewood City Council authorized a 'Water-Way License
No. 20801 Agreement" between The Denver And Rio Grande Western Railroad
Company and the City allowing the City to install an 18" cast iron sanitary sewer
pipe line across the existing railroad Right-Of-Way at West Yale Av enue and a 6"
cast iron water pipe line across the existing railroad Right-Of-Way at West Bates
Avenue; and
WHEREAS , the Englewood City Council approved a "Utility Protection
Agreement" pertaining to modifications for the Southwest Corridor Light Rail
Project, between RTD and the City with the passage of Ordinance No. 43 , Series of
1997;and
WHEREAS, due to the Southwest Corridor Light Rail Project, the 1953/1954
Agreements need to be modified because the location of the heavy rail railroad tracks
have been changed requiring additional encasement of the existing pipes ; and
WHEREAS, at the time of construction the Union Pacific Railroad Company
(UPRR) formerly the Denver and Rio Grande Western Railroad Company, entered
into "Right Of Entry Agreements" with the contractor and RTD; and
WHEREAS, the Union Pacific Railroad now wishes to revise their Agreements
with the utility line owners to reflect those modifications ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO, AS FOLLOWS :
Section 1. The City Council of the City of Englewood , Colorado hereby authorizes
the Pipeline Crossing Agreement between Union Pacific Railroad Company and
the City, a copy of which is marked as Exhibit 1 -"Pipeline Crossing Agreement -
Mile Post: 6.45 " -Yale Avenue, attached hereto .
Section 2. The Mayor and City Clerk are hereby authorized to sign and attest said
Pipeline Crossing Agreement on behalf of the City of Englewood .
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Introduced, read in full , and passed on first reading on the 20th day of April, 1998.
Published as a Bill for an Ordinance on the 24th day of April, 1998 .
Read by title and passed on final reading on the 4th day of May, 1998 .
Published by title as Ordinance No~ Series of 1998, e n the 8th day of May,
1998 .
I , Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado , hereby
certify that the above and foregoing is a true copy RtJhe Ordinance passed on final
reading and published by title as Ordinance No .&__,, Series of 98.
Loucrishia A. Ellis
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. PLX.DOC ~206
Form Approved. A VP-Law
PI?ELINE CROSSING
AGREEMENT
Mile Post 6.45, Colorado Springs Subdivision
Location: Englewood, Arapahoe County, Colorado
Folder No.: 1590-36
THIS AGREEMENT is made and entered imo as of the day of 199 _,
by and between UNION PACIFIC RAILROAD COMP ANY, a Utah cotpmarion (hcrcinaftcr the Licensor) and the
CITY ENGLEWOOD, a mmriclpal corporation of the State of Colorado to be addressed at 3400 South E1ari Street.
Englewood, Colorado 8011 O(bere1naftcr the Licensee).
IT IS MUTIJALL Y AGREED BY AND BE1WEEN THE PARTIES HERETO AS FOLLOWS :
ARTICLE 1 -LICENSOR GRANTS RIGHT
In consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and per-
formed, the Licensor hereby grants to the Li censee the right t o consttnct and thereafter, during the teim hereat: to
mainrnin and operate
on e underground 18-inch pipeline crossin g for co n veyin g s anit ary sewer only, and
one underground 6-inch w ater pipelin e cros sin g at We s t Bates Ave n ue
(hereinafter the Pipeline) in the location shown and in conformity with the dimensions and specifications indicated on
the attached prints dated J anuary, 1997 and marked E:dnbit A-1 , A-2 . Under no cD:cumstances shall Licensee
modify the use of the pipeline for a purpose other than conveying sanitary sewer, md said pipeline shall not be used
to convey any other substance, any fiber optic cable, or for any other use, whcthc:r such use is cmrently teclmologically
possible, or whether such use may come into existence during the life of this Agre=:nent..
ARTICLE 2 -CONSTRUCTION, MAINTENANCE AND OPERATION
The grant of right herein made to the Licensee is subject to each and all of the teims, provisions, conditions,
limitations and covenants set forth herein and in Exb.Ibit B, h ereto attached.
ARTICLE 3 -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 requjre its contractor to execute the
Licensor's form Contractm's Right ofEntrv Agreement. Licensee acknowledges rec:Ipt of a copy of Contractor's Right
of Emry Agreement and undc:rsmuiing its term. provisions and rcquiremcm:s, and will in.form its conttactcr of the need
to execute the Agreement. Under no circumstances will Licensee's contractor be allowed onro Licensor's premises
without first executing the Comractor's Right of Entry Agreement..
ARTICLE 4 -INSURANCE
a). The Licensee, at its expense, shall obtain the insurance descnbed in Exhibit B-l, hereto attached. The Licensee
will also provide to the Licensor a Certificate of Insurance issued by its iilstmmc: cmier confirming the existence of
such insurance and that the policy or policies contain the following endorsemcm:
Union Pacific Ra.ilroad Company is named as an additional insured with respect t o all liabilities arising out
of the existence, use of any work performed on or associated with the 'Pipeiin.e' located on Railroad. right of way
15903 7.plx ?:lge I of:? March IO, 1998
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B
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Folder No.; 1590-36
at Mile Post 6.45 an the Ca.lmado Springs Subdivision. at or IJcar .F.Dgicwood. Arapahoe Cam:ny, Colorado
b). If the r iO"Dsee ma:m:d in dDs .Agi=mcnt is a public cmtty su.bjec:t to my appljcahle smmmy tart laws. the limits af inmcrA
drscrihed in &fnbit B-1 shall be the limm tho r icrnsee then has in e1fcct ar'9ilich is requited by applicable cmrcnt ar subseqnr:nt Jlf/f
whichi:M:r is greater. a portion af which may be sc:if-immed with the cnnsent and appioval of the Licemor.
c). All inmrancc conespnndence shall be diredz:d to:
ARTICLE 5 -TERM
Faldc:r.No: 1590-36
Union Pacific Railroad Compmy
Comracts & Real Esaau: Depamncm
1800 Fmmn Street
Omaha. Nebraska 68102
This Agrcrmcm shall take dfect as of the dmc first hcrem written and shall C'.tmrinne in full force and eff'ectumil ternrinared as herein
provided. .
ARTICLE 6 -CANCELLATION CLAUSE
Effeaive upon the installation of the P!pciine and commenccmcm of the use thc::rcof, that ccmin agrecmcm Audit No. S21l78, daICd
September 20, 1954, berween the Denver and Rio Grande Western Railroad Company and the City of Englewood. and/or thelr
predecessors, as cxo::ndcd. n::newcd or suppicmc:med (if applic:ible ), covering the subject Pipeline at the same loc:nion, shall be rmninan:d;
PROVIDED, however that such n=mrinarinn shall not affect any of the rights or obligations of the parties to said agrcemcm. as exn:nded..
renewed or suppicmemed (if applicable), which may have accrued. or liabilities, accued. or otherwise, which may have arisen prior to
• IN WITNESS WHEREOF, the parties herem have caused tbis Ag:rcemc:m to be e:xccmcd as of the date first herem written..
UNION PACIFIC RAU.ROAD COMPANY
MANAGER CONTRACT'S
ATTEST: CITYENGLEWOOD,COLORADO
Loucrishia A. Ellis, City Clerk
Tit1e: T h omas ,J Bnrns, Mayor
• !59037.pix P:lgc 2 of2 Man:.'l l O. l 998
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.APPLICATION FOR ~CA~c.u
NON-FLAMMABLE
PIPELINE CROSfilN"G
NOTE: All AV AlLABI.E DIMENSIONS MUST BE FILI.ED IN
TO PR~TBIS APPUCATION
SEE DRAWINGS AITACHED HERETO
NOTBS:
I) AU. HCWZCNt'ALDISl"AHC!S TO BB MllASl'.111.BD ATRJGH?' ANGLES FJICM 1DB C. '6TIACX, llXC!PT AS NOTED.
2) CASINO Mlmmma> A MINIMIJMCJP 30' OUT'l'JIOM C.OP"!'Ma.MllASIJDD ATUGHT AHGU!S.
l) CASINOMA~ St'J!J!I...RJGIDMBfAWCCCNIJUD" (NO~
41 MINIMlJM OP "1 PIOM nm END OP ANY KA«WJAD BmDGIL. C.CII ANY aJLVBll:f, Da.PllDMANY swm:mNG ADA..
5) SllGNALlUIPUSBHl'AllVB MUST BB nBSl!NT'DlmNO INSTAtL\tJDN ll'MJUIQADSllilW.SAUIM nm VlCINITY OPCIOSSING.
6) AU.OWAllLBPDalD OIUllCI'S lMCUJDll: BMXWAU.S OPUDXlllS. C.OP IOAD CIOSSINGS & OVBBIL\D vtADUCI3(GM!10AD NAMllS). <m.C.CJP ANY aJLVl!laS.
7) CASlMO It.HD CAUIB1'!1B MUSI'BBJ'L\CZD A MINIMIJM OPlJl!llTllllLOWlDB l!XIS'l1MO l'1llU OPTIC CA.lllJI. ANY l!XCAVATIDHUQmlJID wmDN 5 Pl!B1' OPTBB EXJSTING FIBD.
0"1CCABIJI MUST BB HAND DUG.
A) Is Pipeline Crossing within Dedicated Stred! _o_ yes; _(X)_ No;
Name of Street _(parallel to Y2le Avenue)_
B) Distribution Line: _(X)_ Tramnrissinn Linc: _o_
q Commodity to be Coneycd: _(Sanitary Sewer)_; Opmting Pre:sswe: _(O)_;
D) Cmicr Pipe:
Wall Thickness: _(0.312!")_; .Dial:m:ter. _(18")_; Material: _(OP)_
E) Casing Pipe:
Wall Thickness: _(0.56lS")_; Diameret. _(36")_; Material: _(Steel)_
F) Method of Installing Casing Pfpe Under Txack:
_(X)_ Dry Bore and Jack (Wet Bore is NOT Pe mitl:t:d)
G) Will Constmction be by an ouisidc cmmactm? _(X)_ Yes; _Q_ No
H) Distance from C. of Track to Near Face of Boring an Jacking Pits when
Measured at Right Angles to Track: _(30')_; 30' M"nrimmn
Q Applic3m:hasContacted_.__~~~~~~~~~~__;.
of Union Pacific Co•••• ••••••icarinm Deparancm and has DetcmJincd Fiber
Optic Cible _(X)_ Does; _( )_Docs Not Exist m V"u:lnity of Work to be
Performed. Ticket No.:
EXHIBIT "A-1"
UNION PACIFIC RAILROAD COMPANY
COLORADO SPRINGS SUBDIVISION
MILE POST 6.45 E.S.:a 299+28
Underground Pipeline Crcmiug at or near
ENGLEWOOD, ARAPAHOE co~ co.
for REGIONAL TRANSPORTATION DIST.
Folder No. ~36 Date: October 17, 1997
WARNING
IN ALL 0CCASJCNS. U.P. CCMMUNICATICNS DEPARIMENI"
MUSI'BB CONI'ACIED IN MJV ANC! OF ANY WORK 1'0
DEIERMJNB EXISIENC?AND LOCATION OF FIBER OPTIC
C.\BIL
PHONE: 1-{IOO) 336-9193
/
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S. SANTA FE OR. \ ~1
CONSTRUCT 66 LF CONCRETE SA.ODLE OH ~ ~· t
1S. SAN IT AAT . SEE owe SWl!UZDD9 •ND~ UI '& ~ \
S'lllU~D01 FOR DETAILS. _ ~ : 1 •
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Exhibit A-1
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TA8lA.ATION OF DUANTITIES NOTES: ~ OfSCRt pT !ON E.l.UUlill'
101 ITEM I OUANTITY I
l~I CONCRETE · SADDLE < 18" OIA. l • 166LF I
• INCLUDES TRENCHING. SHORING. AHO BACKFILL.
1 . 18"" SAN IT AAY CROSSES BHSF" TRACKS AT WP 7J0+252J ANO UP TRACKS
AT ~ 6+2372.
z. SHORING ANO/OR TRENCH SUPPORT BT THE CONTRACTOR SHALL NOT BE
PAIO FOR SEPARATELY. BUT SHALL BE INCLUDED IN THE COST OF THE
WORK .
3 . ELEVATIONS FOR BORING LOGS AND POTHOLES ARE EXISTING GROUND
UNl.ESS STATEO OTHERWISE.
~. EXISTING GAS IAAIN ANO FIBER OPTIC LINES <Q WEST ANO SPRINTJ SHALL
BE PROTECTED AHO SUPPORTED BT THE CONTRACTOR IN ACCORDANCE WITH THE
RESPECTIVE AGENCT' S STANDARDS AND REOUIREIENTS, SUCH PROTECTIVE
1.tUSURES SHALL BE I NC IDENTAL TO THE CDST OF OTHER CONTRACT WORK.
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PLX 9W306 (See 1590-37)
Non-Standard to be Approved. A VP-Law
EXHIBITB
Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANI'ED.
City oi Engl~ Colorado
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a) The foregoing grant of right is subject and subordinate to the prtor and continuing right and obligation oi the Licensor to
use and maintain its entire property including the right and power of the Licensor to construct. maintain. repcnr. renew. use,
operate. change. modify or r elocate railroad trac:.ks. signal. communication. fiber optics. or other wirelines. pipelines and other
facilities upon. along or across arry or all parts of its property, all or arry of which may be freely done at any time or times by the
Licensor.
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 Wlthout covenant of
title or for quiet enjoyment.
Section 2. CONSTRUCTION. MA1NJ'ENANCE AND OPERATION .
a) The Pipeline shall be constructed. operated. maintained repaired renewed. modified. and/or rec:::nstructed. by the
Licensee in strict conformity wrth Union Pacific Railroad Co. Common Standard Specification 1029 adopted. Ncvember 1949, . and
all amendments thereof end supplements thereto, whic...1-1 by this reference is hereby made a part hereof. except c:s :nay be modified.
and approved. by the Licensor's Vice President-Engineering Services. In the event such Specification conflic:s :n Cirf respect with
the requirements of any federal. state or municipal law or regulation. such requirements shcil govern on all polI"..tS of conflict. but
in all other respects the Spee.Jication shall apply.
b) All work performed. on property of the Licensor in connection with the construdon. maintencnce. :-epair, 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. maintenc::nce. repair, renewal. modification.
relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed. and track or trc:cici of the License.A
the Licensee shall submrt to the Licensor plans setting out the method and manner of handling the work. inc:luci::.g the shoring crnWll
cribbing, if any, required. to protect the Licensor's operations, and shall not proceed with the work until sue.~ pians have been
approved by the Vice President-Engineering Services of the Licensor and then the work shall be done to the sc::tisic::don of the Vice
President-Engineering Services or his authorized representative. The Licensor shall have the right if it so elec.s. to provide such
support as it may deem necessary for the safety of its track or tracks during the time of construdon. maintencr.ce. repair, renewal.
modification. relocation. reconstruction or removal of the Pipeline. and. in the event the Licensor provides suc!1 support. the
Licensee shall pay to the Licensor. within fifteen (15) days after bills shall have been rendered thereior. ail ex:;:ense 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. end the grc:de even with the
adjacent surface of the ground
Section 3. NOTICE OF COMMENCEMENT OF WORK.
If an emergency should arise requiring immediate attention. the Licens ee shall provide as muc!i notice as practicable
to Licensor before commenc'.ng any work. In all other situations. the Licensee shall notify the Licenser at least ten (10) days (or
such other time as the Licensor may allow) in advance of the commencement of any work upon property oi the Licensor in
connection with the construction. maintenance, repair, renewal.. modification. reconstruction. reloc::tion or removci of the Pipeline.
All such work shall be prosecuted diligently to completion.
Section 4. UCENSEE TO BEAR ENTIRE EXPENSE.
The Licensee shall bear the entire cost and expense incurred. in connection with the construdon, mc:intenance. repair
and renewal and any and ail modification, revision, relocation. removal or reconstruction oi the P:peline. incudng any and all
expense which may be inc...uTed. by the Licensor in connection therewith for supervision. inspection. :legging, or otherwise .
mwrdexb • 1 Exhibit 8
,:J-..'\. .J OU.->VU ~.JC"C .. _i7V-~ i J
Non-Standard to be Approved. A VP-Law
. Section 5. REINfORCEMEN'I'. RELOCATION OR REMOVAL OF pipET IN& .
a) The license herein gronied is subject to the needs and requirements of the Licensor in the operation of its railroad cnci
Ai the mprcvement and use of its property, and the Licensee shall. at the sole expense of the Licensee, reinforce the Pipeline. er
wticve ail or arr/ portion of the Pipeline to such new location as the Licensor may designate, whenever, in the furtherance oi :ts
reasonable needs and requirements. the Licensor shall find such aciion reasonably necessary or desirable.
b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Li censer :n
the location hereinbefore described shall. so far as the Pipeline remains on the property, apply to the Pipeline as mociilieci.
changed or relocated within the contemplation of this section.
Section 6. NO INTERFERENCE WITH UC&NSOR'S OPERATION.
The Pipeline and ail parts thereof within and outside of the limits of the property of the Licensor shall be constructed c=C.
at ail times, maintained. repaired. renewed and operated in such manner as to cc::use no interierence whatsoever with the constc:::t.
continuous and uninterrupted use of the tracks. property and facilities of the Licensor. and nothing shall be done or stiliered '.c !:le
done by the Licensee at any time that would in crny manner impair the safety thereoi.
Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS .
a) fiber optic cable systems may be buried on the Licensor's property. ~ctection of the fiber optic cable systems :S ::f
extreme importance since any break could disrupt service to users resulting in ::,USiness interruption and Joss oi revenue -=:d
proiits. Licensee shall telephone the Licensor at 1-8 00-336-9193 (a 24-hour number) to determine if fiber optic cabie is bur:eC.
anywhere on the Licensor's premises to be used by the Licensee. If it is . Lic ensee will telephone th e telecommunicC:::::c::s
company(ies) involved. arrange for a cable locator, make arrangements for reloc=:ion or other protection of the fiber optic ::±i.e.
ail at Licensee's expense, and will commence no work on the right of way until ail such protection or re location has :::een
accomplished. Licensee, to the full extent permitted by law, cmd without waiving the privilege. immunities. cmd limitations of lici::ility
in the Colorado Governmental Immunity Act . 24-10-101 ec.seq .. as amended. shall indemnify and hold the Licensor harmless £rem
cmd against all costs, liability and expense whatsoever (including, without liniitcrtion attorneys' fees, court costs anci expenses )
~ing 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. to the full extent permitted by law. anci. witl:.cut
waiving the privilege, inununities. and limitations of liability in the Colorado Governmental Immunity Act, 24-10-101 ec.seq., ::s
amended. shall indemnify and hold the Licensor hcrmless from and against ail costs, liability and expense whatsoever (inc!11ci+-g,
without limitation attorneys' fees, court costs cmd expenses) caused by the negligence of the Licensee, it s contractor, agents c:r..C./or
employees, resulting in ( 1) any dc:nnage to or destruction of Oirf telecommunications system on Licensor's property, and.Jar (2) c:ny
injury to or death of any person employed by or on behalf of any telecommunications company, and/er it s contractor. cgems cr.dcr
employees. on Licensor's property, except to the extent that such costs. liability or expenses are caused by the direct ac=ve
negligence of the Licensor. Licensee further agrees that it shall not have or seek r ecourse against Licensor for crny claim or c:::use
of action for alleged loss of profits or revenue or loss of service or other consequential damage to a te lecommunication ccm:;:c:ny
using Licensor's property or a customer or user of services of the fiber optic cabie on Licensor's property.
Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL TAXES .
a) The Licensee shall fully pay for ail materials joined or affixed to and labor performed upon property of the Lce!"..sor :n
connection with the construction maintenance, repair, renewal. modification or reconstruction of the Pipeline. and shail :let ;:ermit
or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work dcne or
materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify anci held
harmless the Licensor against and from crny and ail liens, claims, demands, costs and expenses oi whatsoever nature in arr<[ 77a'f
connected with or growing out of such work done. labor performed. or materials furnished.
b) The Licensee shall promptly pay or disc.'1arge ail taxes, charges cmd assessments levied upon in r espect to. or en c:c::::unt
of the Pipeline. to prevent the senna from becoming a charge or lien upon property of the Licensor. and so that the taxes. c.!-..crges
and assessments levied upon or in respect to such property shall not be increased bec:ruse oi the location, consm.idcn or
maintenance oi the Pipeline or any improvement. appliance or fixture connec:ed therewtth placed upon such property, er on
account of the Licensee's interest therein. Where such tax. charge or assessment may not be separately made or assessed to the
Acensee but shall be included in the assessment of the property of the Licensor. then the Licensee shall pay to the Lic enser an
~table proportion of such taxes d etermined by the value oi the Li censee's property upon property of the Licensor cs ccmpc:red
mwrdexb
2 Exhibit B
Non-Stmdard to be Approved. A VP-Law
with the entire vaiue of such property.
Section 9. RESTORATION Of UGENSOR'S PROPERJY.
In the e99Ilt the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner mcve or ~
a:rrr 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 cmd at Licensee's
sole expense, restore such fence cmd 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, to the full extent permitted by law, cmd without waiving the
privilege, immunities. cmd limitations of liability in the Colorado Governmentai Immunity Act. 24-10-10 l ec.seq., as amended. shail
indemn;fy cmd held harmless the Licensor, its officers. agents cmd employees, against and from a:rrr cmd ail liability, loss. damages.
dalms, demands. costs cmd expenses of what.soever nature, including court costs cmd attorneys' fees, which may result from injuiy
to or death of persons whomsoever. or damage to or loss or destruction of property whatsoever, when such inju.Iy, death. damage,
loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of a:rrr other property of
the Licensor.
Section 10 . INDEMNITI.
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 instailation 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 i ts care
or custody).
b) As a major inducement and in consideration of the license and permission herein granted. the Licensee agrees, to the
full extent permitted by law, and without waiving the privilege, immunities, and limitations of liability in the Colorccio Governmental
Immunity Act , 24-10-10 l ec.seq., as amended. to indemnify and hold harmless the Licensor from a:rrr Loss which is ciue to or arises
from;
1.
2.
The prosecution of a:rrr work contemplated by this Agreement including the installation constructio.
mcrintenance, repair, renewal. modification reconstruction r elocation or removal of the Pipeline or any part
thereof; or
The presence. operation or use of the Pipeline or contents escaping therefrom,
except to the extent that the Loss is caused by the negligence of the Licensor.
Section 11. BEMOVAL OF PIPE LINE UPQN TERMINATION OF AGREEMENT.
Af. 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 shail 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 cmd
expense of the Licensee. The Licensor may, at its option upon such termination at the entire cost cmd 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 shail in no manner be liable to the Licensee for a:rrr
damage sustcrined 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. WANER OF BEE.A.CH.
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 Licenser to avail itself of a:rrr remedy for any subseque.
breach thereof.
mwrdexb
3 Exhibit B
·'
. PLX 960306 (See 1590-36)
~tmdard to be Appnm:d. A VP-Law
Secticn 13. TERMINATION .
City of Englewood. Colondo
• a} If the Licecsee does net use the right herein granted.or the PipeliIJe far one (1) year. or if the Liamsee ccmttm1es in default
in the perlormcmca of cmy ccvailant or agreement herein ccIItained. for a period of thlrty (30) days after written notice from the
Llcemorto the Licensee spec:ifyinq such default the Licensor may, at its option. forthwith immediately terminate this Agreement
by written notice.
b) In adcittion to the provisions of subparagraph (a} above, this Agreement may be terminated by written notice given by either
party hereto to the other an cmy date in such notice stated. not less. however, them thirty (30) days subsequent to the date upon
which such notice shall be given.
c) Notice of default cmd 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 cmy 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. AGBWyIBNTNOTTO BEASSIGNEP.
The Licensee shall not assign this Agreement. in whole or in part. or cmy 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 cmy of
the rights herein granted whether voluntCJIY, 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 previsions 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 .
•
• mwrdcxb
4 Exhibit B
•
Date
April 20 , 1998
INITIATED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item
10 a i
Subject
Union Pacific Railroad Right-
of-Way Crossing
Modifications -Yale & Bates
STAFF SOURCE
Stewart Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Original railroad crossing agreements were approved in 1953/1954. The original project
agreement , the Utility Crossing Agreement with RTD , was passed as Council Bill #49 on June
2 , 1997 .
RECOMMENDED ACTION
• Council approval by Ordinance of the Pipe Line Crossing License for the right-of-way at Yale
for a sanitary sewer line (Milepost #6.43) and a 6" water main at Bates Ave .
•
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The original Pipe Line Crossing License allowed Englewood to install sanitary sewer pipes
across the existing railroad right-of-way . As of part of the Southwest Corridor Light Rail
Project , the location of the heavy rail railroad tracks has been modified requiring additional
encasement of the existing sanitary sewer pipes . The railroad crossing license needs to be
modified to reflect these changes .
FINANCIAL IMPACT
RTD will be funding the Crossing License Agreement.
LIST OF ATTACHMENTS
Ordinance
Pipe Line Crossing License Agreement