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HomeMy WebLinkAboutContract 19268 C I T Y RAILROAD GRADE CROSSING LICENSE AGREEMENT PERMITTING AND REGULATING THE CONSTRUCTION, MAINTENANCE AND USE OF A RAILROAD TRACK BY FORT WORTH AND WESTERN RAILROAD COMPANY ACROSS AND OVER N.E. 23RD STREET AND EXCHANGE AVENUE IN THE CITY OF FORT WORTH, TEXAS. STATE OF TEXAS § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF TARRANT § THIS AGREEMENT is made by the City of Fort Worth, Texas, a home-rule municipal corporation situated in Tarrant County, Texas, hereinafter referred to as "City" , and the Fort Worth and Western Railroad Company, a corporation, hereinafter referred to as "Railroad" , both parties acting herein by and through their duly authorized representatives: SECTION 1. PURPOSE City hereby grants to Railroad, its successors and assigns, a license to construct, operate, and maintain a railroad spur track for the transportation of passengers and freight, subject to the provisions of this Agreement, across and over the following public streets and rights-of-way (hereinafter the "right-of-way" ) at the following locations: ( 1) Northeast 23rd Street Between Stations 1+22 . 50 and 2+66 . 50 Plan File No. W-637 Plan Code 90006 (2 ) Exchange Avenue Between Stations 0+93. 50 and 2+46 . 00 ._ ---- Plan File No. W-637 Plan Code 90006 ;.,, SECTION 2 . CONSTRUCTION OF GRADE CROSSINGS Railroad shall construct the grade crossings at its expense in accordance with the plans and specifications contained in Plan File No. W-637 , Plan Code 90006 , on file in the City's Transportation/Public Works Department, and said Plan File No. W-637 is incorporated herein by this reference. Railroad shall, prior to construction, enter into a community facilities agreement in accordance with standard City policy for work within City rights-of-way and shall coordinate the construction activ- ities with the City's Director of Transportation/Public Works (the Director) . SECTION 3 . INSPECTION AND MAINTENANCE Railroad shall inspect and maintain at its expense the grade crossings and all of Railroad's facilities and devices located therein in accordance with the ordinances, policies and regula- tions of the City and other applicable law in a safe and suitable condition for vehicular and pedestrian travel . Inspection and maintenance shall be carried out so as to interfere as little as is practicable with the surface use of the rights-of-way. The surface of the subject streets and the rails shall be maintained to conform at a uniform level for the convenience and safe move- ment of vehicular traffic . Railroad shall give reasonable prior written notice to the Director or his designee of and maintenance or repair activities within the right-of-way and must get the consent of the Director for any such activity which would involve the closure of the right-of-way, which consent shall not be unreasonably withheld. SECTION 4 . OPERATIONS A. Railroad shall not in any manner obstruct with its cars or trains the grade crossings except during the actual passage of its trains or cars over said crossings, and nothing herein shall be construed to authorize the violation of any of the existing or future ordinances of the City related to the obstruction of public streets and alleys . B. Railroad shall not cause or permit the view along the tracks of the Railroad to be obstructed. Railroad shall not store any combustible material on City property. Railroad shall not erect any structures on City property except as permitted by this agreement or as required by applicable law. SECTION 5 . OTHER USES OF GRADE CROSSING AREAS A. The grant to Railroad of this license and privilege to use the right-of-way described herein is subject to the rights of all existing interests in and uses of the right-of-way, whether recorded or unrecorded. City makes no warranty of title and expressly disclaims any warranty of title arising by operation of law or otherwise. 3 B. The City reserves the right, on its behalf and on behalf of other governmental entities and public utilities (hereinafter "Permitted Users" ) , to lay, and permit to be laid, sewer, gas, water and other pipelines or cables and conduits and to do and permit to be done any underground and overhead installation or improvement that may be deemed necessary or proper by the governing body of the City of Fort Worth, in, across, along, over or under any public right-of-way occupied by Railroad, and to change any curb or sidewalk or the grade of any street, provided that Railroad's service is not unreasonably disrupted by such change of curb, sidewalk or grade. C. If the City requires Railroad to remove, alter, change, adapt or conform its system because of changes in the grade of a street or in the location or manner of constructing a water pipe, sewer pipe or other underground or above ground structure owned by the City or a Permitted User, Railroad shall make the alterations or changes as soon as is practicable when ordered in writing by the City, without claim for reimbursement or damages against the City. SECTION 6 INDEMNITY Railroad covenants and agrees to indemnify, hold harmless and defend, at Railroad's own expense, City, and City's officers, agents, and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, resulting from the actions, in whole or in part, of the Railroad, and/or Railroad's employees, agents and contrac- tors in connection with the construction, operation and mainte- nance of the grade crossings, whether or not caused in whole or in part, by negligence of the City's officers, agents, and employees . SECTION 7 . INSURANCE A. Railroad agrees to secure and maintain in force the following insurance policies: 1 . A General Public Liability insurance policy pro- viding bodily injury, including death, personal injury and property damage coverage with a com- bined single limit of at least $2,000, 000 each occurrence or claim and a general aggregate limit of at least $4,000, 000 . This insurance shall pro- vide Broad Form Contractual Liability covering the indemnity provisions contained in this Agreement, Underground Hazard, Broad Form Property Damage, severability of interests and name City as an additional insured with respect to all liabilities arising out of Railroad Company's obligation to City in this Agreement. If coverage is purchased on a "claims made" basis, it shall provide for at least a three ( 3) year extended reporting or dis- covery period, which shall be invoked should 5 insurance covering the time period of this Agreement be canceled. This insurance shall include, without limitation, coverage of opera- tions within Railroad right-of-way. 2 . Automobile Public Liability insurance providing bodily injury and property damage with a combined single limit of at least $2 , 000,000 each occur- rence or claim. This insurance shall provide con- tractual liability covering all motor vehicles including hired and non-owned mobile equipment to the extent it may be excluded from general lia- bility insurance, severability of interests and name City as an additional insured with respect to all liabilities arising out of Railroad's obliga- tion to City in this Agreement. B. Railroad shall furnish to City a certificate or certifi- cates of insurance evidencing the required coverages and endorse- ments and upon request a certified duplicate original of any of the policies . City shall be notified in writing by Railroad and/or the insurance company in the event of any material alter- ation to the policy, including without limitation any cancellation of policy, substantial reduction of aggregate limits ( if such limits apply) , or any change in the retroactive date in any "claims-made" policies . 6 C. The insurance policies required hereunder shall be written by a reputable insurance company or companies reasonably acceptable to the City's Risk Management Department. D. Railroad agrees that such insurance amounts may be revised upward at any time upon thirty ( 30) days ' written notice from City, provided that any increase in the required insurance amounts shall be based upon increases in hazard, inflation, legislative changes or other reasonable factor or factors and shall be consistent with the standard practices of the railroad industry. Railroad liabilities or responsibilities specified in this Agreement shall not be limited in amount to the insurance coverage required hereunder. SECTION 8 . ASSIGNMENT OF RIGHTS Railroad has the right to assign its rights under this agreement to a parent, subsidiary, affiliate or a successor entity so long as ( 1) such parent, subsidiary, affiliate or successor entity assumes all obligations of Railroad hereunder, and (2) prior written notice is given to the City. SECTION 9 . ABANDONMENT Should the railroad grade crossings ever be abandoned, the street surfaces through the subject crossing areas shall be returned to their original condition at Railroad's sole expense. 7 SECTION 10 . DIRECTOR OF TRANSPORTATION/PUBLIC WORKS TO ADMINISTER AGREEMENT The Director of Transportation/Public Works, or his duly authorized representative, is the principal City official respon- sible for the administration of this agreement, and Railroad recognizes that questions regarding the interpretation or applica- tion of this agreement shall be raised initially with that desig- nated official . EXECUTED this 'S day of /C 'f �9 S� , 1992 . ATTEST: FORT WORTH AND WESTERN RAILROAD r Corporate Secretary •Edward M. cLaug 1 ' President APPROVED AS TO FORM: Attorn y for Fort Worth and Western Railroad Date: -( ATTEST: CITY OF FORT WORTH By: id� City Secretary Bob Terrell, City Manager APPROVED AS TO FORM AND LEGALITY: a 'well' � Assistant City A orney i ct utho za IM Date: 8 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Bob Terrell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of the said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. /GIVEN UNDER MY HAND EAL OF OFFICE this 1 day of 19U c 0$- 1e*k V.RQII" Notary F..b#e STATE Of f�)(AS ` Notary Pub is in and for Ex� t994 the State of Texas STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Edward M. McLaughlin, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Fort Worth and Western Railroad and that he/she executed the same as the act of said Fort Worth and Western Railroad for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 19Q. o REBECCA T. HILDERBRAND NOTARY PUBLIC Notary Public in and for STATE OF TEXAS the State of Texas ,,rn. Exp 10 15. 5 9 City of Fort Worth Texas Mayor and Coin Comnutnication DATE REFERENCE NUMBER LO NAME PAGE 08/11/92 **C-13498 12TARANT 1 of 1 SUBJECT I RAILROAD GRADE CROSSING AGREEMENT WITH FORT WORTH AND WESTERN RAILROAD TARANTULA FOR NORTHEAST 23RD STREET AND EXCHANGE AVENUE RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a license agreement with Fort Worth and Western Railroad for railroad grade crossings at Northeast 23rd Street and Exchange Avenue. DISCUSSION: In order to provide passenger and freight service to the Stockyards area, Fort Worth and Western Railroad (Tarantula) has requested that the City enter into a license agreement which will allow railroad grade crossings to be constructed, installed, operated and maintained across Northeast 23rd Street and Exchange Avenue. Tarantula has submitted the required plans and specifications for the two grade crossings to the Transportation/Public Works Department (T/PW) . T/PW has approved the plans subject to the execution by the Railroad of the license agreement, a community facilities agreement covering the construction of these facilities, and coordination with T/PW regarding construction details. Construction, operation and maintenance will be at the sole expense of the Railroad. Railroad has agreed to indemnify the City against liability and will provide liability insurance in accordance with the license agreement. FISCAL INFORMATION/CERTIFICATION: Execution of this license agreement will not involve the expenditure of City funds. WA:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: to Mike Groomer 6140 APPROVED Originating Department Head: CI'Y 01 N 011 Wade Adkins 7623 -r-o-mT 4A r, For Additional Infor•ation Contact: _ Wade Adkins 7623 nxaa ►-I)Printed on recycled paper