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Home My WebLink About2001-004ORDINANCE NO D AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXE- CUTE A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COM- PANY FOR A SANITARY SEWER PIPELINE LOCATED AT MILE POST 725 98, CHOC- TAW SUBDIVISION, TOWN OF ARGYLE, DENTON COUNTY, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Manager or his designee is hereby authorized to execute a Pipeline Crossing Agreement with Union Pacific Railroad Company for a sanitary sewer pipeline located at mile post 725 98, Choctaw Subdivision, Town of Argyle, Denton County, Texas which is at- tached hereto and incorporated by reference herein (the "Agreement") SECTION 2 The expenditure of funds as provided in the Agreement is hereby author- ized SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the Ad day of , 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WA�LTERS, CITYn SECRETARY BY ,\l 0�` ,1 C� XJOZ.,, APPROVED AS TO LEGAL FqRM HERBERT L.KbUTY, CI ATTORNEY m S \Our Documents\&Tinance0lTipelme Crossing -mile post 725 98 doe PL X 940206 Form Approved, AVP-Low PIPELINE CROSSING Mile Post 725 98, Choctaw Subdivision Location Denton, Denton County, Texas AUDIT 21 09 Folder No 1942-16 THIS AGREEMENT is made and entered into as of December 13, 2000, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor'), and DENTON, CITY OF, a Texas municipal corporation, whose address is City Hall West, 221 North Elm, Denton, Texas 76201 (hereinafter the "Licensee') IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article I. LICENSE FEE Upon execution of this Agreement, the Licensee shall pay to the Licensor a one -tune license fee of TWO THOUSAND DOLLARS ($2,000.00) Article II. LICENSOR GRANTS RIGHT In consideration of the License Fee to be paid by the Licensee and in further consideration of the covenants and agreements herem contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate only a 15 7" sanitary sewer pipeline crossing (hereinafter the "Pipeline') in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated December 12, 2000, marked Exhibit A Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than the above -mentioned, and said Pipeline shall not be used for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement Article III. CONSTRUCTION, MAINTENANCE AND OPERATION The grant of right herem made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herem and in Exhibit B, hereto attached Article IV. 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 require its contractor to execute the Railroad's form Contractor's Right of Entry Agreement Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement Under no circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the Contractor's Right of Entry Agreement Article V INSURANCE. The Licensee, at its own sole cost and expense, shall provide to the Licensor a Certificate of Insurance, identifying Folder No 1942-16, issued by its insurance carver, certifying to the effectiveness of insurance as follows a) General Public Liability providing bodily mlury and property damage coverage with combined single Imut of at least $1,000,000 each occurrence, a portion of which may be self -insured with the consent and approval of the Licensor The Licensee will also provide to the Licensor a Certificate of Insurance issued by its insurance carver confirming the existence of such insurance and that the policy or policies contain the following endorsement UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect to all liabihtiesarismg out of the existence, use or any work performed on or associated with the Pipeline located on Railroad right of way at Mile Post 725 98 at or near Denton, Denton County, Texas b) Such insurance shall be endorsed to provide contractural liability assumed by the Licensee under this Agreement, and that coverage shall not be cancelled or changed without giving thirty (30) days' prior written notice to the Licensor c) If the Licensee named in tlus Agreement is a public entity subject to any applicable statutory tort laws, the limits of insurance described above shall be the lumts the Licensee then has in effect or winch is required by apphoatble current or subsequent law, whichever is greater, a portion of winch may be se149msured with the consent and approval of the Licensor d) All insurance correspondence shall be directed to Folder No 1942-16, Union Pacific Railroad Company, Real Estate Department, 1900 Farnam Street, Omaha, NE 68102 Article VI. TERM This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided Article VII. AMENDMENT OF EXHIBIT B Sections 7 (b) and 10 of Exhibit B, hereto attached are hereby amended to read as follows Section 7(b) in addition to other indemnity provisions in this agreement, the Licensee shall mdemmfy and hold harmless the Licensor from and against all costs, liability and expense whatsoever (including, without limitation, attorney's fees, court costs and expenses) ansmg out of any act or omission of the Licensee, agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommumcations system on Licensor's property, and (2) any mlury to or death of any person employed by or on behalf of any telecommunications company and/or its contractor, agents and/or employees, on Licensor's property Licensee shall not have or seek recourse against Licensor for any claim or cause of action by alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Licensor's property or a customer or user of services of the fiber optic cable on Licensor's property Section 10 INDEMNITY As used in this Section, "Licensor" includes other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers, agent and employees, "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs and expenses of whatsoever nature, including court costs and attorney's fees which may result from, (a) mlury 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 (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 its care or custody) As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees, to the extent permitted by law, to indemnify and hold harmless the Licensor from any Loss which is due to or arises from The prosecution of any work contemplated by this Agreement including the installation, construction, maintenance, repair, renewal, modification, reconstruction, relocation, or removal of the Pipeline or any part thereof, or 2 The presence, operation or use of the Pipeline or contents escaping therefrom, except to the extent that the Loss is caused by the sole and direct negligence of the Licensor IN WITNESS WHEREOF, the parties hereto have caused tlus Agreement to be executed as of the date first herem written UNION PACIFIC RAILROAD COMPANY By c 'kfA0---1 ve Contracts Representative DENTON, CITY OF [j)PROVED AS TO FOklul CITY ATTORN CITY DF D fd, TEXA ,1 NOU-27-2000 13 03 ENG 8 TRANS 940 349 8376 P 03 PLACE ARROW INDICATING NORTH DIRECTION RELATIVE TO CROSSINm P I;t,d (DISTANCE ALONG (NOTEI FORM DR-0404-0 REV 5-15-96 ENCASED NON-FLAMMABLE PIPELINE CROSSING NOTE ALL AVAILABLE DIMENSIONS MUST BE NO SCALE FILLED IN TO PROCESS THIS APPLICATION -- ® -- RR 5 AIR —rJl{EFT `mFT I,QUFT FT (SEE NOTE 3 G 5) (SEE uOTf ] 0 ) IRA5h FT 1DR I 2 . 30 O� A:W I f0 A2C�41.E —6 WIN TRACK (TANGLE OE CA0391 xCJ (NEAREST 0 A T ,IItlE FI% 0 DNfCt v OCSCR IRE FIYEO (SEE NOTE B) IEEE III NOTE SI SECTION LINE CAOSSINCA FT FT DUIMEO IN ILL CASE: — - --� - - J91NC SEtt10N5r 0151ANGE LANE IS RCONS, 0) 45 FT —I � FT �}"-- 55FT WIN GIISr I SLAl Sas Nn,A 2 I S(lORAOE 1 I i (7 FT. G (A 5 FI MIM ) IV FT. 120 Fr HAK) I T SERL CASINO SEAL CASING CRSINO PVS (SOP NP,R A) (3 Fr MINI) —I CAAA 10 PIPE FT 100 FT J_6 T NOTES I (CASING LENGTH OMEN MEASURED ALONG PIPELINE I I) ALL HORIZONTAL DISTANCES TO BE 12L9LEW) AT PION ANGLES ORIGINAL OF TAACA. ]I CASINO TO E%TE2G BEYONO THE E OF TRACK AT MANY ANGLES TWA ONCATIB OF 2D • 20 FT , OR 30 FT AND BEYOND LIMIT OF RAILROAD RIOHT•OF-BAY IF MCCE95ARY TO PROVIDE PAOPEA LENOIR OUTSIDE OF NADA. SI NINIRAN OF EO CREW THE ENO OF MY RAILROAD ORIOIL R. OF ANY CU6Y9RY, OR FROM ANY SPITCNING AREA. HI S HILL REPRESENTATIVE MUST AE PRESENT DMIBIO INSTALLATION IF RAILROAD SIGNALS ARE IN TWA VICINITY OF CgOSf PIG SI ALLOYABLE FIRM OBJECTS INCLUDD BACNNALLI OF BRIDGES 4 OF ROAD CROSSINGS A OVOINEAO YIAOUCTS (DIVE ROAD HAUEI, OR EuLVERTS 6) CA01% AND CARRIER PIPE MUST 19 PLAOCO A NIRIA{M OF 2 FEET OWN, TBE E2ISTIND FIBFA OPTIC CABLG ANY ENAAVATION RIGUIRKO YITNIH FORMULA TO FIGURE CASING LENGTH WITH ANGLE OF CROSSING OTHER THAN BOA SINNIN GIST (NOTE 1) AI IS PIPELINE CROSSING WITHIN DEDICATED STREET ?YES, X NO, EXHIlUT "A" BI IF YES, NAME OF STREET ✓OR NAMPO AT P.LY, D) OISTR(BUT(ON LINE OR TRANSMISSION LINE CI CARRIER PIPE SANITARY 56WElz. UNION PACIFIC RAILROAD CO COMMODITY TO BE CONYEVFn 1� �1, clot OPERATING PRESSU _.3� PSf iS .In pL/L �' - 0(.161w1 WALL THICKNESS) •OIAMETERMATERIAL E) CASING PIPE II THICKNESS 0 45751DIAMETER 2A StEE( MAP �1 ' 9� E. S. _Mehl t+ WALL ;MATERIAL NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST ENCASED %>'TCROSSING AT OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF ,�}�^ CASING PIPE WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF �� n a V �� fX CARRIER PIPE AND INSIDE OF CASING PIPE o//lnl -'77,N.T„L nT. m, F) METHOD OF INSTALLING CASING PIPE UNDER TRACKI S)• �Lt••m X DRY BORE AND JACK (WET BORE NOT PERMITTED) TUNNEL , OTHER RR FILE NO 19y 16 DATE11-11-10130 G) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTORS YES _.—NO, H) DISTANCE FROM CENTER LINE OF TRACK TO NEgR FACE OF BOA AND W A R N I N G JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 1) APPLICANT HAS CONTACTED 1-800-336-9193, (JO MINI IN ALL OCCASIONR u. P cOR,AAYmAnows OEPARTWEnT "T BE CONTACTED IN ADVANCE U P COMMUNICATION OEPA TMENT, AND HAS DETERMINED FIBER OPTIC CABLE DOES i A DOES NOT •0 9YIST IN VICINITY OF of N Row, TODFTNAR NE FYI AMC WORK TO BE PERFORMED . TICKET NO 07961 LOCATION OPTIC COLcL L�APHONE� PI60 3w!)10jRLE NCO 27 2000 13 02 940 349 8376 PAGE 03 PL X MI12 Form Appoved, AVP-Lwp� irOiiY IT R Section I L ^'"ATION AND SUBORDINATION OF RIGHTS GRANTED a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property hrcluding the right and power of the Licensor to construct maintain repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication fiber optics, or other wlrelines, pipelines and other facilities upon along or across any or all parts of its properly, all or any of which may be freely done at any time or flues by the Licensor without Ucd:dhty to the Licensee or to any other party for compensation or damages 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 without covenant of title or for quiet enjoyment. a) The pipeline shall be constructed operated, maintained repaired renewed, modified and/or reconstructed by the licensee in strict conformity with Union pacific Railroad Co Common Standard Specification 1029 adopted November 1949, and all amendnents thereof and supplements thereto, which by this reference is hereby made a part hereof, except as maybe modified and approved by the LicensoA Vice president -Engineering Services In the event such Specification con0icts in any respect with the requirements of any federal, state or municipal law or regulation such requirements shall govern on all points of conflict but in all other respects the Specification shall apply b) AO work performed an property of the Licensor in connection with the construction, maintenance, repair, 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 maintenance, repair, renewal, modification relocation reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work inch dig the shoring and cribbing, if any, required to protect the Licersor's operations, and shall riot proceed with the work until such plan haw been approved by the Vfoe President -Engineering Services of the Licensor and then the work shallbe done to thesatlsfactton d the Vice President -Engineering Services or his authorized representative The Licensor shall have the right ff it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction maintenance, repair, renewal, modification relocation reconstruction or removal of the Pipeline, crA in the event the Licensor provides such support the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall haw been rendered therefor, all expense 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 and the grade even with the adjacent surface of the ground If an emergency should arise requiting immediate attention the Licensee shall provide as much notice as procticahle to Lfcensa before commencing anywork. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction maintenance, repair, renewal, modification, reconstruction relocation or removal of the Pipeline All such work shall be prosecuted diligently to completion �.._. . r �a� a Y• : :: a�.Yrl: x�• a� The Licensee shall bear the entire cost and expense incurred in connection with the construction maintenance repair and renewal and any and all modification revision relocation removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision inspection Aaggug, or otherwise PbLO& Pap 1 of Exh" H PLX 990112 Foam Apposed AVP-Liw slua• : • a,Aa.Y : a : Y • •7 i 7 SCi➢T1110)271J:AIIZ 1 a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and in the improver nt and use of its properly, and the Licensee shall, at the sole expense of the Licensee, reinforce the Pipeline, or move all or any portion of the Pipeline to such new location as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor shalt find such action necessary or desirable b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbetore described shall, so for as the Pipeline remains on the property, apply to the Pipeline as modified, charged or relocated within the contemplation of We section. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no Interference whatsoever with the constant continuous and uninterrupted use of the hacks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manor impair the safety thereof a) Fiber optic cable systems may be burled on the LicensoA property Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits, Licensee shall telephone the Licensor at 1-800 336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Lcensoe's premises to be used by the Licensee If it is, Licensee will telephone the telecommunications comparYy(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will commence no work on the right of way until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in sty way by Licensee's failure to comply with the provisions of this paragraph. b) harmless from and against all costs, liability and expense whatsoever (including, without lim Cation wAgvIoees, court costs and expenses) caused by the negligence of the Licensee, its contractor, agentsr%a, resulting in (1) any damage to or destruction of any telecommunications system on Licenegap�, and/or�dloP�ear(2) any injury to or death of any person employed by or on behalf of any telecommypioa!(atfi'company, and/or its contractor, agents and/or employees, on L.taeneor's properly, except if a lsln-eenrt , ability or expenses are caused solely by the direct active negligence of the Licensor Licensee grass that it shall not have or seek recourse against Licensor for any claim or cause of action f an of profits or revenue or loss of service or other consequential damage to a telecom ai company using L.icensor's property or a customer or user of services of the fiber optic cabl SEE AFMCLE War Section 8 Q` e S AND T TENS FOR aBOA A TAT. TAXES a) The Licensee shall fully pay for ail materials joined a affixed to and labor performed upon property of theJP in connection with the construction rnalntenarnce, repair, renewal modification or reconstruction of the Pipeline, and not permit or suffer any mecharililci or maleriabric&s lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licenses The Licensee shall indemnify and hold harmless the Licensor against cad from any and all liens, claims, demands, costs and expenses of whatsoever nature in anyway connected with or growing out of such work donne, labor performed or materials furnished b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on occounnt of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the tones, charges and assessments levied upon or in reaped to such property shall not be increased because of the location construction or mdnterna ce of the Pipeline or any improvement appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tau charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall) pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property phLexb Papq ep4 Edubd B PL X 990112 Fan Approval AVPdaw In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb any 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 and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other properly was moved or disturbed and the Licensee shall indemnify and hold ham -Jose the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grown out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor 1 / Section 10 INDEMNITY a) location of the Licensees installation and their officers, agents, and employees, 'toes• includes loss, demands, actions, causes of actlorL penalties, costs, and expenses of whatsoever nature, incl costs and attorneys' fees, which may result from a) injury to or death of persons whomsoever (incl nsor's officers, agents, and employees, the Licensees officers, agents, and employees, as well as any o rson), and/or b) damage to or loss or destruction of property whatsoever (ir chxft Licensee's property, roadbed tracks, equipment or other property of the Licensor, or property in Its cove or custody) b) As a major inducement and in consideration of the and permission herein granted the Licensee agrees to indemnity and hold harmless the Licensor from which is due to or arises from 1 The prosecution of contemplated by We Agreement including the installation construction maintenance, renewals modification reconstruction relocation or removal of the pipeline or any part the r 2 presence, operation or use of the pipeline or contents escaping therefrom, is SectionI1 REMOVsT OF PIPELINUPONTER�FATIONOFAGR dENT Prior to 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 shall 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 mid expense of the Licensee The Licensor may, at its option upon such terminatnon, at the entire cost and 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 hicenmor of the property of the Licensee and of the restoration of the roadbed and property as herein provided the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof and such removal and restorationsball in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the licensee 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 Licensor to avail itself of any remedy for any subsequent breach thereof Plxoxb Pqe 3 d4 Exiubrt B PROPOSED 20" WATER LINE — VD BURd \ \ lAL R4 IJl TXU ➢IPA MWMNE 11 e, F' — — — 7—'/ 11 Tano x ' � 1 / ' 1 ' 1 1 ' I I 00+1Q� j,gl,Vr1 m m m m N vr��FM�§a��tai6Fn��R�m iiilli i T < Hag 494 RI B s n omHng m z m r Z 0 cn mm t4SNSS�SSn N N N N N N UI y y a n y 4u Azzi $ E R A c m Fn a EXHIBIT "B" CONSTRUCTION LIMITATIIONS ON TXU ELECTRIC COMPANY RIGHT-OF-WAY 1 Blasting shall not be permitted on the right-of-way or under TXU Electric lines 2 Grading will be done in order to leave the nght-of-way in as near as possible to its present condition Spoil dirt will be removed from the right-of-way and no trash is to be left on the right-of-way Slopes shall be graded so that trucks can access the right- of-way when required and such that slopes can be mechanically maintained 3 Grading alignments and elevations are based on drawings submitted to TXU Electric Any change in alignment or elevation will be resubmitted for approval which will not unreasonably be withheld 4 Equipment shall not exceed IS" feet in height when operated under the electric lines 5 Draglines will not be used under the electric lines or on the right-of-way 6 No grading shall be done within 25" feet of any tower 7 Right-of-way will be protected from washing and erosion during User's construction and during periods of repairs 8 No obstruction will be installed in the right-of-way that would interfere with access to the TXU Electric structures or prevent mechanical maintenance of TXU Electric right-of-way 9 Equipment and materials will not be stored on the nght-of-way during construction without the written approval of the Supervisor of Dallas Region Transmission as noted in the Encroachment on Easement 10 We must have room to access lines We will not be responsible for damage to masonry or any other type of fence on parking areas while accessing lines I 1 TXU reserves the rights for future use of this right of way including ingress and egress, constructing, reconstructing, removing, relocating, maintaining, operating, etc any required transmission and/or distribution facilities at no cost to TXU PL X 990112 Farm AFPWA AVP-Lew Ya: „n.: Y Tel a) If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default the licensor may, at its option, forthwith immediately terminate this Agreement by written notice b) In addition to the provisions of subparagraph a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any dale in such notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. c) Notice of default and 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 any reason shall riot affect any of the rights or obligations of the parties hereto which may ban accrued, or liabilities, accrued or otherwise, which may have arinen prior thereto t : : ��,d7�iY � • ►e �lar The license shall not assign this Agreement in whole or in part or arty rights herein granted, without the written consent of the Licensor, and it is agreed that arty transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, 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 Subject to the provisions of Section 14 hereot this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns plxaxb Pap ♦ of 4 bdubt B