HomeMy WebLinkAboutContract 45235 Tracking No.. 3- 80
'*PIPELINE LICENSE CITY SECRMW
CONTRACT 1400
THIS PIPELINE LICENSE ("L,Jcense") i s made to be effective October 30, 2013 (the "Effeo ive
Date") by and' between BNSF RAILWAY COMPANY, a Delaware corporation "Ucens or") and CITY of
FORT WORTH, a 'Texas corporation ("'Licensee").
NOW THEREFORE in consideration of the mutual covenants contained herein, the parties
agree to the following-
GENERAL
1. Lioensoir hereby grants, Licensee a non-exclusive license, subject to all rights" interests, and
estates of third parties, �.
�ncNuding,1 without limitation, any leases, use rights, easements, liens, or other
encumbrances, and upon the terns and conditions set forth below,,, to construct and maintain, in strict
accordance with the drawings and specifications approved by Licensor as part of Licensee's, application
process (the "Drawings and' Spec Iffica ions"), one 1� concrete pipeline,, twenty-four 2 inches in
diameter (the "PIPELINE"'),, acros or along Licensor",s rail corridor at or rear the station of Fort Worth,
Counter of Tarrant, State of Texas, Line Segment 7500, Mile Post 338.616 as shown: on the attached
Drawing No. 1-5,82,87 dated October 151 2013, attached hereto, as Exhlobif I«Al" and incorporated herein
by reference (the "Premises").
2. Licensee shall not disturb any irn rovements, of' Licensor or Licensor"s existing lessees
licensees, easement beneficiaries or lien holders, if any, or interfere with the use, repair, maintenance or
replacement of such improvements.,
3. Licensee shall use the Premises solely for oonstru�otion,1 maintenance", and use of the PIPELINE
in accordance with the Drawings and Specifications. The PIPELINE shall carry storm water, and
Licensee shall not use the PIPELINE to carry any other material or use the Premises, for any other
purpose.
4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in the
Premises, or by the abandonment ent by Licensor of the affected rail corridor" Licensor shall not be liable (i)
to refund Licensee any compensation paid hereunder, except for the pro-rata part of any recurring
charge ,paid in advance, or (ii) for any damage Licensee sustains in connection therewith,.
5. Any contractors or subcontractors ,performing word on the PIPELINE, or entering the Premises on
behalf of Licensee shall, be deemed servants and agents of Licensee for purposes of this License.
TERM
6. This License shall commence on the Effective Date and shall continue for a period of Twenty-fire
(25) subject to pirior termination as hereinafter described, and shall continue thereafter on a
month-to-month basis unless terminated by either party giving thirty 3 days prior written notice.
COMPENSATION
7. a licensee ,shall pay Licensor" prior to the Effective Date, the Burn of Three Thousand and
No/100 Dollars 3,0100.010 as compensation for the use of the Premises.
(b) licensee agrees to
reimburse Licensor (pursuant to the terms of Section o
below or
all costs and...... expenses incurred by Licensor in connection with Licensee"s use of the Premises,
or the
presence, construction and maintenance of the PIPELINE, including but not limited TZ
Licensor"s fla err and any vehicle rental costs
incurred. Licensee shall bear tie0fftflJLfftWRD
�
�, V*ft&J&y
O RECEIV E 0 DEC 2 7 2013 FTO WORTH,TX
'Tracking No. 13-48040
services and other safety measures provided by Licensor, when deemed necessary by Licensor's
representative. Flagging costs, shall include, but not be limited to, the following;: pay for at least an eight
(8) hour basic day with time and one-half or double time for overtime, rest days, and holidays, ('as
applicable), vacation allowance, paid holidays as applicable); Licensor and unemployment insurance;
'urance-
public, liability ge ability and property dam insurance, health and welfare benefits; transportation; meals
lodging and supervis.ion. Negotiations for Licensor labor or collective bargaining agreements and rate'
changes authorized by appropriate Federal' authorities may increase flagging rates. Flagging rates in
effect at the time of performance by the flaggers, will be used to calculate the flagging costs pursuant to,
thils Sectl*on 7(b). Licensor shall give Licensee at least forty-eight (48) hours, notice of its, intent to
provide flagge,rs to the extent the same is reasonably practicable�.
(c) All invoices are due thirty (30) days after the date ofinvoice. In the event that Licensee
shall fall l to pay any monies due to Licensor within thirty (30) days, after the invoice date, then Licensee
shall pay interest on such unpaid sum from the due date until paid at an annua,l rate equal to the lesser
of (1), the prime rate last pubilished in The Wall Street Jourrial in the preceding December plus two and
one-half percent(2-1/2%),, or(Ifi) the maximum rate permitted by law.
COMPLIANCE WITH LAWS
8. (a) Licensee shall observe and comply with any and all laws, statutes, regulations,
ordinances, orders, covenants, restrictions, or decisions of any court of' competent jurisdlicti�on ("'Legal
Requirements") relating to the construction, maintenance, and use of the PIPELINE and they use of the
Premises.
(b) Prior to entering the Premises, Licensee, shall and shall cause its contractor(s) to comply
with all of Licensor's, applicable safety rules and regulations. Licensee must ensure that each of its
employees, contractors, agents, or invitees entering upon the Premises completes the safety training
program at the Website ':'www.contractororientation,.com" (the "Safety Orientation") within one year
prior to entering upon the Premises., Additionally,, Licensee must ensure that each and every employee
of Licensee, its contractors,: agents and invitees possess a card certifying completion of the Safety
Orientation prior to entering upon the Premises. Licensee must renew the Safety Orientation annually.
DEFINITION OF COST AND EXPENSE
9. For the purpose of this License, "cost" or "costs", "expense" or "expenses" includes,, but is not
limited to, actual labor and, material costs including all assignable, additives, and material and supply
costs at current value where used.
RIGHT OF LICENSOR TO USE
10. Licensor excepts and reserves the right, to be exercisea by Licensor and any other parties who
may obtain written permission or authority from Licensor.-
(i) to maintain,, use, operate, repair, replace, modify and relocate any utility, power or
i
communication pipe/lines/ca,bles and appurtenances (other than the PIPELINE),and other
facilities or structures of like character upon, over, under or across the Premises existing
as of'the Effective D�atel,
ii to construct, maintain,, renew, use, operate, change, modify and relocate any t,racks, or
additional facilities, structures and related appurtenances upon, over, under or across the
Premises, or
Form,424;R,ev 2-9-12
-2-
all
Ak
Alk
dh
jWF
qft A*m
04
46.
AV
Ok w lw
millill Kill ff
v w
► m a Ak
VVF
v w
40k
to
aw
Alk
or
40
T
In :J1111
rrr rr �
r
a 7 a - — a
a r
,111 �NMk �
�w wr
ww AL d ■► r 4
lot 0 r r 0 w r
Ift f AIM AL rr
low
New , * 0
a
Ia
so
IS
i
rw
s, r
w +
r at
Mr � ■ A�
■ r #k
I 143
9 INN
i * A � a1
M►
NrM IMM Icy ! A AAN MN I�r
rM � ■ � NMr � M ■ � � IAM
i SAM w 01
rw 0 am M r
ow
a w, r r1 x
lip
rr ,r weir r r rw w «. wr
AL
IM&L AML.
�r r � � wr � re
NO Iw
�" d.
Tracking No. 13-48040
• Bodily Injury and Property Damage
• Personal Injury and Advertising Injury,
• Fire legal liability
• Products and completed operations
This policy shall also contain the following endorsements, which shall be indicated on the certificate
Of insurance:
■ The definition of 'insured contract shall be amended to remove any exclusion or other limitation
for any work being done within 50 feet of railroad property.,
• Waiver of subrogation in favor of and acceptabile to Licensor.
• Additional insured endorsement in favor of and acceptable to Licensor and Jones Lang LaSalle
Brokerage, Inc.,
• Separation of insureds,
• The policy shall be primary and non-contributing with respect to any insurance, carried by
Licensor.
It is agreed that the workers' compensation and employers' liability related exclusions in the
Commercial General Liability Insurance policy(s) required herein are intended to apply to employees
of the policy holder and shill not apply to Licensor's employees.
No other endorsements limiting coverage may be included on the policy.
(b) Business Automobile Insurance. This insurance shall contain a comblined single limit of at least
$1,,000,000 per occurrence,, and include coverage for, but not limited to the following:
• Bodily injury and property damage.
• Any and all vehicles owned, used or hired.
• Waiver of subrogation, in favor of and acceptable to Licensor.
• Additional, insured endorsement in favor of and acceptable to Licensor.
• Separation of insureds.
• The policy shall, be primary and non-contributing with respect to any insurance carried by
Licensor.
(c) Workers' Co sation and Emplg
yors' Liabililty.,Ins urban ce., This insurance shall 'include
coverage for, but not lira it to.
• Licensee's statutory liabillity under the work,ers' compensation Legal, Requirements, of the state(s)
in which the work is to be performed. If optional under state Legal Requirements, the insurance
must cover all empiloyees anyway.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,,000 by disease
policy limit, $500!,000 by disease,each employee.
This policy shall also contain the following endorsements or language, which shall be indicated on the
certificate of insurance:
a Waiver of subrogation in favor of and acceptable to Licensor.
(d) Railroad Protective Liabili!y Insurance, This insurance shall name only Licensor as the Insured
with coverage of at least $5,000,000 per occurrence and, $10,,000,000 in the aggregate. The coverage
obtained under this policy shall only be effective during the initial installation and/or construction of the
PIPELINE. THE CONSTRUCTION OF THE PIPELINE SHALL BE COMPLETED WITHIN ONE (1)
YEAR OF THE EFFECTIVE DATE. If further maintenance of the PIPELINE is needed at a later date, an
additional Railroad Protective Liability Insurance Policy shaill be required. The policy shall be issued on
a standard: ISO form CG 00, 35 101 93 and include the following:
• Endorsed to include the Pollution Exclusion Amendment(ISO form CG 28 31 10 93).
• Endorsed, to include the Limited Seepage and Pollution Endorsement.
Form,424;Rev 2-9-1,2
-7-
Tracking,No. 13-48040
Endorsed to include Evacuation Expense Coverage Endorsement.
No other endorsements restricting coverage may be added.
The original policy must be provided to Licensor prior to performing any wo�rk or services under
this License.
In lieu of providing a Railroad Protective Liability Policy, for a period of one (1) year from the Effective
Date, Licensee may participate in Lice,ns,o�r's Blanket Railroad Protective Liabillity Insurance Policy
available to Licensee or, its contractor., The limits of coverage are the same as above. The cost is
$11,50.,00.
I elect to partic,ipat,e in Licensor's Blanket Policy,#,,
L) I elect not to; participate in Licensor's Blanket Policy.
Other Requirements:
Where allowable by law, all policies (applying, to coverage listed aibove) shall contain no,
exclusion for punitive damages, and certificates,of insurance shall' reflect that no exclusion exists.
Licensee agrees to waive 'Its right of recovery against Licensor for all, claims and suits against
Licensor. In addition, its insurers, through a policy endorsement, must waive their right of subrogation
against Licensor for all, ciailms, and suits, and the certificate of insurance must reflect the waiver of
subrogation endorsement. Licensee further waives 'Its, right of recovery, and, its 'insurers must also waive
their right of subroig'atioln against Licensor for loss, of Licensee's owned or leased property, or property
under Licensee's care, cuistodliy, or control.
With the exception of Railroad Protective Liability Insurance, Licensee i's allowed to self 'insure.
Any,deductible, self insured retention or other financ,ial responsibility for claims shall be covered directly
W1
by Licensee in lieu of insurance. Any and all Licensor liabilities that would otherwise in accordance "th
the provisions of this License, be covered by Licensee"s insurance will be covered as if Licensee elected,
not to include a deductible, s,elf-insured retention, or other financial responsibility for claims.
Nor to entering the Premises, Lice�nse�e shall furnish to Licensor an acceptable certificate(s) of
insurance including an original signature of the authorized representative evidencing the required,
coveragie, endorsements, and amendments. The policy(ies) shall' contain a provision that obligates the
insurance company(les) issuing such policy(iles)to notify Licensor in writing at least 30 days, prior to any
cancellation, non-renewal,, substitution or materia,ll a,lter�ation. 'This cancellation provision shall be
indicated on the certificate of 'insurance. In the event of a claim or lawsult involving, Licensor ansing out
of th�is License,1 Licensee will make available any required policy covering such claim or lawsuit.,
Any insurance policy shall be written by a reputable insurance company acceptable to Licensor
or with a current Best's G,ul�de Rating of A- and Class V11 or better, and authorized to, do business 'in the
state(s) in which the service is to be provided.
If coverage is purchased on a "claims rnade" basis, Licensee hereby agrees 'to main�tain
coverage in force for a minimum of three years after expiration or, terminatilon of this License. Annually,
Licensee agrees,to provide evidence of'siuch coverage as, required hereunder.
Licensee represents that this License has been, thoroughly reviewed by Licensee's insurance
agent(sYbroker(s), who have been instructed by Licensee to procure the 'insurance coverage required by
this License. Allocated, Loss, Expense shall, be in addition to aill pollcy limits for coverages referenced
above.
Form 424,;Rev 2-9-12
-8.
Tracking No. 13�-480401
Not more frequently than once every five years, Licensor may reasonably modify the required
insurance coverage to, reflect then-�cu�rren�t risk management practices in the railroad industry and
underwriting practices in the insurance industry.
I
If any portion, of the operation is to be subcontracted by Licensee,,, Licensee shall require that the
subcontractor shall provide and maintain insurance coverages as set forth herein,1 naming Licensor as
an additional insured, and shall require, that the subcontractor shall release, defend and indemnify
Licensor to the same e�xtent and under the same terms and condilt,ions as Licensee, is required to
release, defend and indemnify Licensor herein.
Failure to provide evidence as required by this Secti"on 19 shall entitle, but not require, Licensor
to terminate this License immediately., Acceptance of a certificate that does not, comply with this Section
shall not operate as a waiver of Lilcenseel's obligations hereunder.
The fact that insurance (including, without limitation, se�lf-,insurance) is obtained by Licensee shall
not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under
the indemnity provisions of this License. Damagies re�covera�b�le, by Licensor shall not be limited by the
amount of the required insurance coverage.
For purposes, of this Section 19, Licensor shall mean "Burlington Northern Santa Fe LLC"",
I
"BNSFRaflway Company" and the subs id iaries, successors, assigns,and affiliates, of'eachi.,
ENVIRONMENTAL
20. (a) Licensee shall strictly comply with all federal, state and local environmental Legal
Requirements and regulations in its, use of' thie Premises, including, but not limited to, the Resource;
Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the
Hazardous Materials Transportation Act, CERCLA (collectively referred to as the "Environmentaill
Laws"). Licensee shall not maintain a treatment,, storage, transfer, or, disposal facility, or underground
storage tank, as defined by Environmental Laws on the Premises. Licensee shall not release or suffer
the release ofoll or hazardous substances, as defined by Environmental Laws on or about the Premises.
(b) Licensee covenants that it will not handile or transport "hazardous waste" or "hazardous
substances"', as "hazardous waste" and "hazardous substances"' may now or in the future be defined, by
any federal, state, or local governmental agency or body through the PIPELINE on Licensor's property.
Licensee agrees periodically to furnish, Licensor with proof, satisfactory to Licensor that Licensee is in
compliance with the provisions of th�is Section.
(c) Licensee shall give Licensor, immediate notice to Licensor's Resource Operations Center
at (8010) 832-51452 of any known (11) release of hazardous substances, oni, from, or affecting the Premises,,
(10 violation of Envlironmientaill Laws, or(11i) inspection or inquiry by governmental authorities, charged with
enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use the
best efforts to promptly respond to any release on�, from, or affecting the Premises,. Licensee also shall
give Licensor immediate notice of' all measures undertaken on behalf of Licensee to Investigate,
remediate, respond to or otherwise cure such re�lease or violation.
(d) In the event that Licensor has notice from Licensee or otherwise of' a release or violation
of Environmental Laws arising in any way with respect to the, PIPELINE which occurred or may occur
during the term of this License, Licensor may, require Licensee, at Licensee's siole risk and expense, to
take timely measures to, investigate, reme�diate�, respond to or otherwise cure such release or violation
affecting the Premises,or Licensor's ri I gh:t-of-way.
Form,424,Rev 2-�9-12
Tracking No. 13-48040
(e) Licensee shall, promptly report to Licensor in writing any conditions or activities upon: the
Premises known to Licensee which create a risk of harm to persons, property or the environment and
shall take whatever action is necessary to prevent injury to persons, property, or the environment arising
out of such conditions or activities; provided, however, that Licensee's reporting to, Licensor shall not
relieve Licensee, of any obiliga,tion whatsoever imposed on it by this License. Licensee shall promptly
respond to Licensor's request for information regarding said conditions or activities.
ALTERATIONS
21. Licensee may not make any alterations to the Premises or permanently affix anything to the
Premises or any buildings or other structures adjacent to the Premlises without Licensor's prior written
consent.
NO WARRANTIES
22. LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED
IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES,
NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY
LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSEE, LICENSEE HEREBY WAIVES
ANY AND ALL TIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR
WHICH MAY EXIST BY OPERATION OF LAW OR IN, EQUITY, INCLUDING, WITHOUT LIMITATION,
ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR
PURPOSE,,
gDIET ENJOYMENT
23. LICENSOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO
DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF
QUIET ENJOYMENT IS MADE.
LIENS AND CHARGES
24. Licensee shall promptly pay and discharge any and all liens, arising out of any construction,
alterations or repairs done, suffered or permitted to be done by Licensee on Premises. Licensor i's
hereby authorized to post any notices or take any other action upon or with respect to Premises that is
or may be permitted by law,to, prevent the attachment of any such liens to Premises; provided, however,
that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability
under this Section 24 or any other Section of this License. Licensee shall pay when due any taxes,
assessments or other charges (collectively, "Taxes") levied or assessed by any governmental, or quasi-
governmental body upon the PIPELINE or any other improvements constructed or installed on the
Premises by or for Licensee (collectively, the "Improvements") or any Taxes levied or assessed against
Licensor or the Premises that are attributable to the Improvements.
DEFAULT AND REMEDIES
� OTHER TERMINATION RIGHTS
25. In addition to and not in limitation of Licensor's right to terminate for failure to provide evidence of
insurance as required pursuant, to the terms of Section 19, the following events are also deemed to be
events,of default pursuant to which Licensor has the, right to terminate as set forth below:
(a) If default shall be made in any of Licensee's covenants or agreements contained in this
License or in case of any asaignmr ent or transfer of this Lic,ensie in violation of Section 27 below,
Licensor shall give Licensee ten (10) days written notice of such default and shall give Licensee sixty
Fo 424;Rev 2-9-12
- 10-
Tracking No. 13-48040
(60) days to cure or such additional period, as agreed to, by Licensor. If Licensee, has commenced to
cure such default but is unable to complete such cure due to circumstances beyond the Licenseel's
reasonable c ►ntrol', Licensor shall extend Licensee's time to cure an additional thirty (30) days or such
additional time as ag,reed to by Licensor. Licensor may�, gut its option,, terminate this License by serving
written notice upon Licensee ten (10) days after the Licensee fails to cure such default during the
specified cure period. Notwithstanding the foregoing, Licensor shall have the right to terminate this
License immediately in the event Licensee fails to provide evidence of insurance as required in Section
19.
(b), Should Licensee not comply fully with the obligations of Section 20(b) regarding the
handling or transporting of hazardous waste or hazardous material, notwithstanding anything contained
in any other provision of this License, Licensor may, at its option, terminate this License by serving five
(5) days' notice of termination upon Licensee.
(c) Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right
to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way
affect Licensor's ability to enforce any Section of this License. The remedy set forth in this Section 25
shell be in addition to and not in limitation of, any other remedies that Licensor may have at law or in
equity.
In addition to and not in limitation of Licensor's rights to terminate this License for failure
to provide evidence, of insurance or occurrence of defaults as described above, this License may be
terminated by Lilcensor at any time, by serving thirty (30) days' written notice of termination upon,
Licensee.
(e) This License may be terminated by Licensee upon execution, of Licensor's then current
Mutual Termination Letter Agreement. Upon expiration of the time specified in such notice, this License
and, all rights of Licensee,shall absolutely cease.
SURRENDER
26. (a), On or before expiration or termination of this License for any reason, Licensee shall, at its
sole cost and expense:
(1) if so directed by Licensor in n writing, remove the Improvements,, the PIPELINE and all
appurtenances thereto, or, at the sole discretion of Licensor, fill, and cap or otherwise
appropriately decommission the PIPELINE with a method, satisfactory to Licensor;,
00 report and restore any damage to the Premises or Licensor's other property arising from,
growing out of, or connected with Licensee's use of the Premises;
(iii) remedy any unsafe conditions on the Premises created or aggravated by Licensee; and
(iv) leave the Premises in substantially the condition: which existed as of the Effective Date of
this License, normal wear and tear excepted.
(b) Upon any expiration or termination, of this License, if' Licensee Bails to surrender the
Premises to Licensor or if Licensee fails to complete its obligations under Section 26(a) above (the
"Restoration Obligations"), Licensee shaill have a limited license to enter upon the Premises solely to
the extent necessary for Licensee to complete! the Restoration Obligations, and all liabilities and
obligations of Licensee hereunder shall continue in effect until the Premises are surrendered and the
Restoration Obligations are completed. Neither termination nor expiration shall release Licensee from
Form 424; Rev 2 4-12
Tracking No. 13-48040
1
any liability or obligation u se
under this License, whether of indemnity or otherwise, resulting from any acts,
omissions or events happening prior to the date of termination, or if later, the date when L,icensiee
surrenders the Premises and all of the Restoration Obligations are completed.
ASSIGNMENT
27. Licensee may not sell, assign, transfer, or hypothecate this License or any interest herein (either
voluntarily or by operation of' law without the prior written consent of Licensor, which consent may be
withheld by Licensor for any reason. Any attempted assignment by Licensee in violation of this
Section,27 shall be absolutely void. For purposes of this Section, 27, the word "assign" shall include
without limitation (a) any sale of the equity interests of Licensee following which the equity interest
holders of Licensee immediately prior to such sale own, directly or indirectly, less than, 501% of the
combined voting power of the outs,tandlinig voting equity interests of Licensee, (b) any sale of al'l or
substantially all of the assets of (i) Licensee and (ii) to the extent such entities exist, Licensee's parent
and subsidiaries, taken as a whole, or (c,) any reorganization, recapitalization, merger or consolidation
involving Licensee, except for a reorganization, recapitalization,, merger or consolidation following which
the equity interest holders of Licensee immediately prior to such reorganization, recapitalization, merger
or consolidation own,, directly or indirectly, at least 50% of the combined voting over of the outstanding
voting equity interests of Licensee or any successor thereto or the e,ntity resulting from such
reorganization, recapitalization, merger or consolidation. THIS LICENSE SHALL NOT RUN WITH THE
LAND WITHOUT THE EXPRESS WRITTEN CONSENT OF' LICENSOR,, SUCH CONSENT TO BE IN
LICENSOR'S SOLE DISCRETION.
N'OTICES
28. Any notice, invoice, or other writing req,uired or permitted to be given hereunder by one party to
the other shall be in writing and the same shall be given and shall be deemed to have been, served and
given if (1) placed in the United States mail, certified, return receipt requested, or (ii) deposited into the
custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the
address for such party specified below, or to such other address as the party to be notified may
designate by giving the other party no less than thirty (30) days' advance written notice of such change
in address.
If to Licensor.- Jones Lang LaSaille Brokerage; Inc.
4300 Amon Carter Blvd.,, Suite 100
Fort Worth, TX 76155
Attn.- Licenses Permits
with a copy to Railway Company
2500 Lou Menk Dr. —A
Fort Worth, TX 76131
Attn: Senior Manager Real Estate
If to Licensee: City of Fort Worth
1000 Th rockmorton
Fort Worth, Texas 76102
with a copy to: City Attorney
City of Fort Worth
lo,00 Throckmorton Street
Fort Worth, Texas 76102
Form 424;Rev 2-9-12
- 12-
Tracking No. 13-48040
RECORDATION
29. It is understood and agreed that this License shall not be placed or allowed to be placed on
.4
public record,
APPLICABLE LAW
30. All ques,tions concerning the interpretation or application of provisions of this License shall be
decided according to the substan,tive laws of the State of Texas, without regard to conflicts, of laws
provisions, and veiniure,for any lawsuit that may arise shall be in Tarrant County,
SEVERABILITY
31. To the maximum extent possible, each provision of this License shall be interpreted in such
manner as to: be effective and valid under applicable law, bu!t if any provision of this License shall be
prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the
extent of such prohibition or invalidity, and, this shall not invalidate the remainder of such provision or any
other provision of this License.
INTEGRATION
32. This License is the full and complete agreement between Licensor and Licensee with respect to
all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements
between the parties, hereto relating to Licensee's use of the Premiiseis as described herein. However,
nothing, herein is intended to terminate any surviving, obligation, of Licensee or Licensee's obligation to
defend and hold Licensor harmless in any prior written agreement between the parties.
MISCELLANEOUS
33. In the event that Licensee consists of two, or moire parties, all the covenants and agreements of
Licensee herein contained shall be the joint and several covenants and agreements of such parties.
34. The waiver by Licensor of the breach of any provision here i
in by Licensee, shall in no way mpair
the right of Licensor to enforce that provision for any subs,equent breach thereof.
35. No provision of this License shall be construed in favor of, or against, any particular party by
reason of any presumption with respect to the drafting of this License*, both parties, being represented'
by counsel and having fully participated in the negotiation of this instrument, hereby agree that this
License, shall not be subject to the principle that a contract would be construed against the party which
drafted the same.
36. This License may be executed in multiple counterparts, each of which shall, for all purposes, be
deemed an original but which together shall constitute one and' the same instrument, and the signature
pages, from any counterpart may be appended to any other counterpart to assemble fully executed,
documents, and counterparts of' this License, may also be exchanged via email or electronic facsimile
machines and any email or electronic facsimile of any party's signature shall be deemed to be an original
signature for all purposes.
Form 424;Rev 2-9-12
- 13-
Tracking No. 13-48040
37. All provisions, contained in this License shall be binding upon, Inure to the barn fit of, and be
enforceable by the respective successors and assigns of Licensor and Licensee to the same extent as if
each such successor and assign was named a party to this License.
38.1 Jones Lang LaSalle Brokerage, Inc. is acting as representative for BNSF Railway Company.
IN WITNESS WHEREOF, this License has, been duly executed by the parties hereto as of the
date below each party's signature; to be effective, however, as of the Effective Date.
LICENSOR:
BNSF RAILWAY COMPANY, a Delaware corporation
By*- Jones Lang LaSalle Global Brokerage, Inc.
43,00 Amon Carter Blvd., Suite 100
Fort Worth TX 761%1P
By:
Name.-
Title:
Date.-
LICENSPEEM
CITY OF FORT WORTH, a Texas corporation
11000 Throckmorton,
Fort Worth, Texas 76102
III �,aAaov�l e
By:
Name*
Title /if fr.
Date.
R "A " 'TO FORM AND LEGALITYI
All,
I0000
01 Y ATTO RNEY
0
0
000% CORD
Vex
0 Of OTA
101)000 SECIRU
e ev, -
r, ty Seantary ^J
- 14-
TRACKING N • 13-48040
E A'"H I a Dm` 1 0'21 "A
ATTACHED TO CONTRACT BETWEEN
BNSF RAILWAY COMPANY
..
AND
C'I TY u" F Fu""I` T Wu" R T H
SECTION u
T'X T N,SH IH
IEXAS RANGEO 3
MERIDIANS
DATE 10/15/2013
w 50'
I
PROPERTY LINE
IMP 338.
S 1788 '45
v
Lo
r
' momi
i
I
I
PROPERTY"
DESCRIPTION OF PIPELINE
PIPELINE SHOWN BOLD
CARRIER CASING CARRIER CAS I N
PIPE PI 'E PIPE PIPE
SIZE: LENGTH ON H
CONTENTS: T WATER
WORKING PRESSURE G "
PIPE MATERIAL* C N BETE � HH'H BASE/RAIL T TOP" E PIE
A
SPEC I F I CST I IAN/GRADE: 4,,000 PS — IBURYasl NATURAL GHI I�ND
WALL THICKNESS: 4# EHH Y: ROADWAY DITCHES
COATING CATHODIC PR TECTI N
VENTS: NUMBER SIZE HEIGHT OF VENT ABOVE GROUND
NOTE. FIFE TO HE JACKED OR H HOPED ONLY
NEAR FORT WORTH
COUNTY OF TARN STATE OF TX JLC
HEM'I S I ON 2 DRAWING N . 1-58287
i
Jones Lang LaSalle Americas, Inc,
NEE LANG 4300 Amon Carter,Suite 100
Fort Worth,Texas 76155
SALL tel+1 817-2310-261010!,fax+1 8117 306-8265
LAE.
October 301, 2013
Mr. Cannon Henry Tracking no. 13-480�40
City of Fort Worth
1000 Throckmorton Street
Story Water Utility Department
Fort Worthy Texas 761,02
Dear Mr. Henry:
Enclosed please find one (1) fully executed Pipeline License between BNSF and the City of
Fort Worth. A copy of the executed Agreement(s) must be available upon request, at
thor'lzat'l'on to do the work. Please contact the applicable
the job site allowing au
Roadmaster at (817) 224-7009 or cell phone (817) 304-35491 at least ten (10) days in
advance of any entry and BEFORE YOU DIG, CALL 1-800-533-2891-
If you have any questions or need additional: information please contact me at (817) 230-
2627.
zinc inc
Annette
Sr. Contract Specialist
Enclosure
cc- Larry Wilson, BNSF— larrv.wilson bnsf.com
RE C F i V E 0 N.0 2 7' IM3