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HomeMy WebLinkAbout1988 RAILROAD LICENSE W 44W ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS: THIS ASSIGNMENT, made this 8th day of April, 1987, by and between the MISSOURI -KANSAS -TEXAS RAILROAD COMPANY, hereinafter called "Railroad Company% and 60LI;EN TRIANGLE JOINT VENTURE, Herbert 0. Weitzman, Venture Manager, hereinafter called "Assignor"; and CITY OF DENTON, TEXAS, hereinafter called "Assignee". WITNESSETH: THAT the Railroad Company and Assignor entered into a Pipe Line License Agreement covering drainage improvements at Mile Post K-723.84, dated February 1, 1987, as shown on Drawing No. B-4886, situated in Denton, Texas, and carried in Railroad Company's records as Agreement No. 37898 , hereinafter designated as "Agreement". Assignor desires, su ec to the consent of the Railroad Company, to assign said Agreement to Assignee. IT IS, THEREFORE, mutually agreed between the parties hereto, as follows: 1. In consideration of the sum of ONE AND NO/100 ($1.00) DOLLAR, by Assignor to Railroad Company in hand paid, receipt of which is hereby acknowledged, and of other good and valuable considerations, the Railroad Company hereby consents to the assigrment of said Agreement from Assignor to Assignee. E 2. Assignee has thoroughly read said Agreement, and is familiar with its terms and conditions, and hereby accepts the foregoing assignment; and agrees to use said premises for the purpose of maintaining five (5) 42-inch X 40 foot corrugated metal pipes and headwalls, together with an existing 4' X 3' box culvert, and in consideration of the Railroad Company consenting thereto, undertakes and agrees to and with the Railroad Company to carry out and perform all the terms and conditions of said Agreement to be by Assignor carried out and performed; except that Assignee agrees to indemnify and hold harmless the Railroad Company from any and all liability for or on account of any injury or death of any persons or damage to property resulting from any negligent act or omission of Assignee in constructing, maintaining, using, reconstructing or relocating said crossing. Assignee shall protect, indemnify and hold harmless Licensor from all such claims, demands, suits or actions growing out of any such loss, Including investigation costs, court costs and attorneys' fees. To this extent, Assignee hereby modifies Section 3 of said Pipe Line License Agreement. Assignee agrees not to assign said Agreement, or any right or interest therein, without the consent in writing of the Railroad Company. Assignee further agrees L that Railroad Company shall not be liable for any damage to said crossing or the 11 contents thereof, including loss of use or consequential damages, however such damage shall be caused, except when caused by the sole negligence of Railroad Company, its agents, servants, or employees. Further, Assignee shall not have f or make against Railroad Company any claim or demand for or on account of any damage Assignee may suffer or sustain because of any failure of Railroad Company's title to the right of way and lands occupied by said crossing or any part thereof. -1- I ~ 3. Nothing herein contained shall be construed to release Assignor from any liability or obligation to the Railroad Company which has accrued or which ` may be accruing at the date hereof, or from any future liability or obligation j Il to Railroad Company, not assumed by Assignee, which Assignor would have had in the absence of this Assignment. IN WITNESS WHEREOF, the parties hereto have executed this Assignment the day and year first above written. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY GOLDEN TRIANGLE JOINT VENTURE ` Herbert D. Weitzman, Ventur anager f By_z - - By t 4 ure an er ce res ent Tit / e: en r CITY OF DENTON, TEXAS i By Tit e: r i Address: Municipal Building Denton, Texas 76201 I U L11 Cit ? pager xl• i 1 ~ j j j ~ i Fite: T-18753.8 i 1 i t -2- 16S8L I f r RESOLUTION NO. i A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE LICENSE AGREEMENTS WITH VARIOUS RAILROAD COMPANIES UNDER CERTAIN CIRCUMSTANCES; AND PROVIDING AN EFFECTIVE DATE. s WHEREAS, from time to time, there is a necessity to obtain license agreements with various railroad companies to enable the City to construct and lay out certain utilities; and, WHEREAS, the City staff having recommended that the City Manager or his designee be authorized to execute such administrative agreements where the consideration to be paid by the City for such licenses is less than $10,000; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: t SECTION I. That the City Manager is hereby authorized to execute license agreements with various railroad companies in the event the consideration for such license is less than $100000. SECTION 11. That this resolution shall take effect immediately upon its passage and approval. l PASSED AND APPROVED this the day of , 1987. I A i CITY DENTO , TEXAS ATTEST: f ~ JE I K A ERS AC I G CI Y SECRETARY CIT OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: j DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS I ~ BY. 1 l i ,I ~ I T 1 I l M S f 1 I s` I~ I