1998-370OF FUNDS THEI~_,FOR~ AND ?ROVIDING AN EFFECTIVE DATE
THE COUNC]L OF TF~, CITY OF DENTON, TEXAS I-]~REBY ORDAYNS
SECTION I That the City Manager Is hereby authortzed to execute a Pipeline Longitu-
dinal Encroachment Agreement with Unton Pactfic Railroad Company for a potable water pipe-
line, which is attached hereto and incorporated by reference herein
SECTION II That the expenditure of funds as provided in the Agreement is hereby
authorized
SECTION III That this ordtnance shall become effective lmmedtately upon its passage
and approval
PASSED AND APPROVED this the ~/~ ~//day of~ 1998
JACK~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
F \shared\dept~LGL\Ottr Documents\Ordinances\98\98 Water hpehne doc
PLE DOC 940207 Folder No 924 99
Form ApproCed, AVP-Law
Sr. C0ND I r. WSED AUDIT. o 7 O
PIPELINE AGREEMENT
LONGITUDINAL ENCROACHMENT
Mile Post Oppualte 719 50 and 719 5 I, Choctaw Subdlvtslon
Locatxon Denton, Denton County, Texas
THIS AGREEMENT m mad~ and entered into es of the .~ ~--~/ dayof
199~ by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (herema~er the
Ltcensor) and CITY OF DENTON, a rnumapahty to be addressed at 215 E Megmney Street, Denton, Texas 76201
(hereinafter,the L~ceuaee)
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS
ARTICLE 1 - LICENSE FEE & ADMINISTRATIVE ItANDLING FEE
Upon th~ execut~an of tiaa agreement, the Licensee shall pay m advance to the Licensor a one-rinse hcense fee
m the sum 0f FIVE THOUSAND DOLLARS ($5,000 00)
Upon the exeent~on of this agreement, the Licensee shall pay in advance to the Licensor a one-tune
adrmmslxa~ve handhng fee of FIVE HUNDRED DOLLARS ($500 00)
ARTICLE 2 - LICENSOR GRANTS RIGHT
In comldera~un of the hcense fee to be pard by the Licensee and m further considerat~on of the covenants and
agreements hereto cuntamed to be by the Ltcensee kept, observed and performed, the Licensor hereby grant~ to the
hcensee the right to conslxuct and thereafter, during the term hereof, to maintain and operate
an underground 24" potable water p~pehne crossing at M~le Post 719 51 and a 30' x 7' crown span
box culvert encroachment at Mdc Post 719 50
(hersmafter called the Pipeline) in the locataon shown and in conforrmty w~th the dunenstons and epectflcat~ona
md~cated on the attached print dated January 24, 1997 and marked Extubit A end print dated July 1, 1998 and marked
Exlu%lt A-1 Under no circumstances shall L~c~uaee modify the uae of the pipehne for a purpose other than cenveymg
potable water, and smd p~pelme shall not be used to convey any other substance, any fiber optics, or for any other use,
whether sueh uae ~s currently technologically possible, or whether such use may come into existence during the life of
thts agreement
ARTICLE ~ - (]ONSTRUCTION. MAINTENANCE AND OPERATION
The grant of right harem made to the L~censee as subject to each and all of the terms, provismns, condattons,
lmutat~ons and covenants set forth hereto and m Exlub~t B, hereto attached
924 99 plo Ar~cles of Agreement October 8, 1998
Page 1 of 4
PLE DOC 940207 Folder No 924 99
Form Approved, AVP Law
ARTICLE 4 - IF WORK IS TO BE PERFORMED BY CONTRACTOR
If a contractor ~s to do any of the work performed on the Plpelme (mcludm§ ~m~al construc~on and subsequent
relocation or substantml nmmtenencc end repan work), then the Llcemee shall reqmre its contractor to execute the
Licensor's form Contractor's R~ht of Entry A_~r~ent Licensee acl~owledges receipt of a copy of
~ nnd understanding its temt, provimom and requuements, and wdl reform its contractor of the need
to execute the Agreement Under no c~rcumstnnces will Licensee's contractor be allowed onto Licensor's prenuses
vathout first executing the Contractor's Pa~ht of Entry Anreement
ARTICLE 5 - ~SURANCE
The Licensee, at the Licensee's own sole cost end expense, shall provide to the Licensor a Ce~ficate of Insurance
certifying to the effecttveness of insurance as follows
a) General Pubhc Llabdtty providing bodily mjmy and property damage coverage w~th combined single lnmt of at
least $1,000,000 each occurrence, a portmn of wluch may be self-insured w~th the consent and approval of the L~censor
The Licensee w~ll also provide to the Licensor a Cer~ficate of Insurance issued by its manrance career confmnmg the
existence of such manrance and that the policy or pohcies contain the followm8 endorsement
Umon Pacific Railroad Company is named as an addmonal manred w~th respect to
all habthttes arising out of the emstence, use or any work performed on or assocmted with
the Pxpelme located on the Ratkoad right-of-way at Mile Post opposite 719 50 on the
Choctaw Subthvls~on at or near Denton, Texas
b) Such insurance shall be endorsed to provide contractual habthty assumed by the Licensee under th~s
Agreement, and that coverage shall not be cancelled or changed without g~vmg thtrt~ (30) days' prior wntton notice to
Foldar No 924-99
Union Pacific Railroad Company
1416 Dodge Street, Room 1100
Omaha, Nebraska 68179
c) If the Licensee named m fins Agreement is a pubhc entity subject to any apphcable statutory tort laws, the
lumts of insurance described above shall be the hnuts the L~censee then has m effect or wluch is requtred by apphcahla
current or subsequent law, whtchever ~s greater, a pomon of which may be self insured vath the consent and approval
of the Licensor
ARTICLE,6 - TERM
Tlus Agreement shall take effect as of the date first hereto written and shall conlmue m full force and effect
until terminated as hereto provided
ARTICLE 7 -
Railroad's Manager of Track Maintenance must be contacted before constructmn begms to make
arrangements to close track Chty of Denton wdl bear all cost associated with closing, removing and replacing track
924 99 pie Articles of Agreemen~ October $, 1998
Page 2 of 4
PLE DOC 940207 Folder No 924-99
Form Approved, AVP-Law
ARTICLE 8 - AMENDMENT OF EXHIBIT B
Sections 7 (b) and 10 of Exhibit B, hereto atiached are hereby emended to read as follows
SecUon 7(b) m addmon to other mdemmty pmvmons m this agreement, the Licensee shall mdemmfy and hold harmless
the Licensor from and against all costs, hablhty and expense whatsoever (including, wtthout hm~tat~on, attorney's fees,
court costs~and expenses) ansmg out of any act or ormss~on of the Licensee, agents and/or employees, that causes or
coninbutes to (1) any damage to or desm~ction of any telecommumcations system on L~censor's propmy, and (2) any
injury to o~ death of any person employed by or on behalf of any telecummumcat~ons company and/or its contractor,
agents and/or employees, on L~censor's property Licensee shall not have or seek recourse against L~oensor for any
clmm or cause of action by alleged loss of profits or revenue or loss of servtce or other consequantml damage to a
telecommunication company using L~censor's property or a customer or user of services of the fiber optic cable on
L:censor's property
Section 10 ,INDEMNITY
As used m tlns Sec~on, "Licensor" includes other rmlroad compames using the hcansor's property at or near
the location of the Licensee's installation and their officers, agents and employees, "Loss" includes loss, damage, chums,
demands, actions, causes of scion, penalties, costs, and expenses of whatsoever nature, including court costs and
attorney's foes wlnch may result from. (a) m.~nsy to or death of persons whomsoever (including the Lxcansor's officers,
agents and employees, the L~censee's officers, agents, and employees, as well as any other person), and (b) demage to
or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, m~cks, equipment,
or other property of the Licensor, or property m ~ts care or custody)
As a major inducement and m consideration of the hcense and pernusslon hereto granted, the Lxcensne
agrees, to the extent pernutted by law, to indemnify and hold hanuless the Llcansor from any Loss w~uch ~s due to or
arlsos from
! The prosecution of any work contemplated by tins Agreement including the installation,
construction, maintenance, repmr, renewal, modification, reconstruction, relocation, or removal of the P~pelme or any
part thereof, or
2 The presence, operation or use of the P~pelme or contents escaping therefrom, except to the extent
that the Loss ~s caused by the sole and threct negligence of the Licensor
924-99 pie Articles of Agreement October 8, 1998
Page 3 of 4
PLE DOC 940207 Folder No 924-99
Form Approved, AVP-Law
IN WITNESS WHEREOF, the pames hereto have caused tlus Agreement to be executed m duphcate as
of ~e date first hereto written
UNION PACIFIC RAILROAD COMPANY
WITNESS ~.. CITY OF DENTON
924-99 pie Articles of Agreement Octol~-r 8, 1998
Pago 4 of 4
100' :E
100'~ OF 20" DUCTILE IRON WATER
I" 100'OF 28" STEEL PIPE, DRY BORE
EXHIBII
FIBER OPTIC CABLE I U3VION .~AOI~zIO ~0~ GO.
REAL ESTATE DEPTARTMENT OMAHA NE
FILE 92~9 DATE 1~8 T D A
form Approved, AVP-Law
£XHIBIr B
Section I. LIMITATION ANO SUBOeDIk~ATION O~ RIGHTS
(a) The forgoing grant of r~ght ~s subj~t a~ su~rd~nate to the pr or
continuing r~ght end obligation of the L censor to use and m~nt~ n ts enhre pro~rtv
~nclud~ the r~ght a~ ~r of the L~censor to construct, mmta~n, re~r, ren~ use,
o~rat% change, ~fy or rel~ate re,Ired tracks s g~l c~n~cat on f ~r optics, or
other wlrelmes, pl~llnes a~ other facilities u~n, along or across any or all Nrts of ~ts
pro~rty~ all or anV of wh ch ~V ~ fr~lv done at anv t ~ or t~s bV the L censor w~thout
hab~l~tV to the L~cens~ or to any other ~rtv for c~n~t~on or de.gas.
(b) [he forgoing grant ~s also subj~t to all outstanding su~r~or r~hts
(*nclud~ng those ~n favor of Hcensee~ and I~s~s of the ~censor's 9ro~rtv, aha others)
the right of the L~censor to ren~ a~ extena ~ne sa~, a~ Is ~de without covenant of title
or for quiet enjo~nt
S~t~on 2. C~S~R~TI~ ~IN/EN~E ~0 ~ERATI~
(a) If the glrel~ne or any ~rt ther~f ~s to ~ I~at~ a~ve the top of the ral s
of any track or c~lcatlon and signal I lnes~ ~nclud,ng static ~lres, overhead clearance
prowd~ bV the N~rellne shall ~ no less than that sh~n on Exhibit A The ~lrel~ne shall
const~uc~, o~rat~, ~ntam~ re~r~ ren~, ~f ~ and/or r~onstruct~ bi t~
L~cens~ ~n strict conform~tv ~lth the S~c f cat OhS prescrl~ In the current issue of the
~at~o~al E~ectrlcal Safety C~e of the ~r~can Natmnal Standards nst tute n the event
SUCh ~ltlcat~ons conflict in anV reset ~lth the requ r~nts of any f~eral~ state
~lcl~l I~ or regpla~lon~.such requiF~nts ~hall govern on all ~lnts of conf Itt,
a~ o~ner resets the ~lr~cat OhS snail appl~.
(b) All ~ork ~rfo~ on pro~rtv of the Licensor n conn~t~on ~th the
constructlo~ ~ntenance, re~tr~ rental, ~lflcatlon or r~onstructlon of the
shall ~ done under the su~rwslon and to the satisfaction of the Licensor
(c) If the ~rel~ne ~s an existing one not confo~mg ~n ~ts construction to
a~ve prowslons of th~s S~tlon 2, the L~cens~ shall ~lth~n ninety (~) da~s after the ~te
her~f~ r~onstruct t so as to ¢onfom ther~lth
(d) The NIrel~ne shall ~ construct~, ~ntaln~ and o~rat~ bv the Licens~
such ~nner as not to ~ or constitute a hazard to aviation. Nlth reset to the N~rehne t~
L~cens~, ~lthout ex.rise to the Licensor~ ~111 c~ly ~ th all r~u~r~nts of la~ and of
publtc authorltv, ~hether f~eral, state or I~al, includmg but not Ismlt~ to awat~
author I t les
(e) In the o~rat~on of the H~rellne, the L~cens~ she not tran~ t · ~tr~c
current at a difference of ~tent~al ~n excess of the voltage nd cat~ on Exhibit A
yolta~e indlca~ is In excess of six hu~r~ (~) vo ts, and the ~ re Ina Is, or Is to
our~ at any i~atlon o~ the pro~rt~ of the Licensor outside track ~llast s~tlons or
r~d~, the L~cens~ shall install ~tall~c condu~t, or non~tall~¢ cO~Ult encas~ ~n a
m~n~ of thr~ (~) inches of concrete ~lth a mln,~ of four (4) f~t of ground cover t~
entire leith of the ~lrel~ne on the pro~rty of the L~cen~r. A ~rel~ne 6url~ b~ r~vel
of the so~l shall have, at a depth of one (I) f~t ~neath the surface of ~he grou~ d r~t
a~ve the ~rel~ne a six (6) I~h ~de ~rnlng ta~ ~arm the ~arn n ~n
pro~r~V of the Ltcensor~ ~st ~ JdeRtlfl~ bv platina ~arn~nn sinns to ~ ~n-+-~
~ ~ V mlnt~9~ a~ t~e.ex~nse of the Licens~, at each ~ae o~ t~e L~censor's
·ne Llcens~ snail not UTIlIZe t~ S gns In lieu of the ~rn~n~ ta~ ~here ~rt~on.'~;~
casing are ~nstall~ by d~r~t burial. ' '- '-
S~t~on ~ ~rlCE ~ C~E~E~T ~ ~K
If an ~rgencj should arise r~ulrlng ~late attention, the Llcens~ s~l
private,as ~h ~ot~ce as practicable to L~censor ~fore c~nc~ng anv ~rk In all other
sltuatl0ns, the Llcens~ S~all nOtltj the Licensor at least ten (10) davs (or such other t~
~s the L~censor ~ all~_~_advanc~ of.the ¢QmegC~nt of a~ ~rk u~n pro~rt~ of
Licensor In Co~Tio~ ~IT~ the construction ~nte~nce, re. ir, renal, ~lflcat~on,
r~onstt~t on, rel~at~on or r~va oF the N~rel me All such ~rk shall ~ pros~ut~
d~l~gentlv to c~let~on
Exhibit B
:;action 4 LICENSEE TO B[A~ ENTIRE EXPENSE
The Licensee shall hear the entire cost and expense incurred ~n connection u~th the
co.nstructlon, maintenance, repair and renewal and any and all rilndlflCatlon, revision,
[e~ncatton, rmoval or recons?ructton of the Wtreltne, tncludsng any and all expense whtch may
oe tn~urred by the Licensor In connection theretelth for supervision or inspection, or
ot herw i se
Section 5 RELOCATION OR REI~AL C~ #IRELINE,
.(a) The license h. eretn granted is subject to the needs and requirements of the
.~ce.n,sor In the operation at !ts railroad and in the *mprovement and use of its property, and
ne tlcensee shell, at the sole expense of the Licensee, move all or any portion of the
Nlrellne to such flet~ lecatlon, as the Licensor i1~y destgnate~ whenever in the furtherance of
its needs and requlremonts, the Licensor shall lind such action necessary or desirable.
(b) All the terms, conditions .and stl~ulatlons heresn expressed with reference to
the ~treline on property of the Licensor tn the location here~nhefore described shall, so far
as the.#~.rellne retains on the ~ropert¥. apply to the ~flreltne as ffl;Xhfled, changed or
re ocalea within the conterr~latton of th~s section
Section 6, INTERFERENCE,
In the operation and mstntenance of the I~trel me the Licensee shall take all
suitable precaution to prevent any interference (by induction, leakage of electricity0 or
o. the.rw,!so)mt.h' th.e operation of. the signal, comau, n~.catmn lines or other installations or
taCllllles of 111~ Licensor or o1' ItS ten&flts~ ann il, at any tiffiN, the o~)eratlon or
maintenance al the Iflreltne results in any electrostat c effects wh ch the Licensor deems
,undesirabl.e or harmful, or causes interference with the operation of the slgna . corm~un cat on
lines or airier illstallatlons or fecJlttles~ as no~ existing or which may hereafter he provided
by the Licensor and/or its tenants, the Licensee shall~ at the sole expense of the Llcensoe,
immodlately take such action as may he necessary to eliminate such interference
Section 7 P~OTECTION OF FIBER OPTIC CABLE SYSTEHS
o. (a) Fiber optic cable systems may he buried on the Licensor's prooert¥ Protection
of the t!onr optic cable systems is of extreme Importance since any break cobld d~srupt
serwce 1o users resulting in busuless interruptloo end loss of revenue and profits Licensee
shall 1elephone the Licensor at 1-800-5~6-919~ ~a 24-hour n~rreer) to determine ti' flher optic
,cable is buried anthers on the Licensor's premises to he used by the Licensee If it is,
.Lice.rises Wl!l t.elephone the tefecam~untcatlons catpeny(les) involved, arrange for a cable
tocalor, aha ma~e arrangements for relocation or other protection of the fiber optic cable
prior to begtnmng any ~ork on the Licensor's premises
_ . _ ~ .ro¥.--,.Lo..~Lddltlon to other tnde~nntty provisions in th s AgreeTent, the Licen~..4he'tl
tnae~nl ry a_nd hold'Taw~Le.%~the Licensor from and against al I costs, Itabl I it~y.~penso
whats.oever _(~.ncludlng, mt~~on, attorney's fees, court co ._~..,~.penses) artsmg
out or any~n/orempl'.oyees,-tl~.t ' ~.~\~.L --
causes or c~;-atl6n~'sys~tm on
Ltcensor's~loy~ by or on I~half
any
act,on
to s t ¥ cas
Section 8 CLAI#S ~0 LIENS FOR LABOR ~1D
(a) The Licensee shall fully ~¥ for all materials joined or affixed to and
per~ormed upon property of the Licensor n connection w th the construction, m~nter~nce,
repair, rene~l, modification or reconstruction of the ~rellne, and shall not permit or
su~fer any mechanic's or moterlelmon's I~en of any k~nd or nature to he enforced against the
property tar any ~ork clone or meter~als furnished thereon at the ~nstance or request or on
hehal~ Of the Licensee The Licensee shell inde~n~¥ and hold harmless the Licensor against
end fran any and all I~en% claims, de, ntis, costs and expenses of whatsoever n~ture in
way connected u~tb or gro~ng out of such work done, labor performed, or ~ter~els furnished.
law .... _(b) The Licgns. ee shall prc~pt!¥ ~.or. d~sc. harge.ell taxes, cl~rges e. nd assessments
e~ u~x)n~ In respect ?o, or on accounl' or?ne ~rellne, to prevent the soma ~rom ~Olnl~g
charge er lien upon property of the Licensor, and so that the texeso charges and assessments
levied upe. n or n respect to such property shall not he increased because of the location,
construction or mslntenance of the ~reline or any ~rovemnt, appl~ance or hxture connected
Exhibit B
(~L2 of 4
~L X 8802O6
form ~oproved, AVP-l. aw
thereulth p.lac~ upon such property, or on account of the L~censee's ~nterest there~n. Mere
such tax, cnar~ or assessment may not be separately mede or assessed to the Licensee hut
sha lf~be m¢luded fn the assessment of the property of the L~censor, then the L~¢ensee shell
pay to the Licensor an equitable proportmn of such taxes determ ned by the value of the
L~cen~ee's property upon property of the L~censor as compere<l w~th the entire value of such
property
Section 9. RESTOi~TION OF LICENSe'S PROP[RTY
In the event the L~censor authorizes the L~censee to take do~n any fence of the
L~censor or in any manner move or disturb any of the other property of the licensor in
conneCtion with the construction, maintenance, repair, reneuel, iI'~dlflnatlon, reconstruction,
relocation o~ removal of the ~hrel~ne, then in that event the L~censee shell, as soon as
poss~l)le and at Dcensee's sole expense, restore such fence and other property to the same
condition es the same were in before such fence was taken do~n or such other property was
moved ~or disturbed, and the L~censee shall indexical fy and hold harmless the Licensor, ItS
off,cars, agents and employees, against end from any and all Ilabll ty loss dama~s
penaltles~ clelnls, d~eds, Costs end expenses of whatsoever nature, ~nclud~ng court costs and
attorneys- fees, which may result from inJury to or death of persons ~h~msoever, or damage to
or loss or destruction of property whatsoever, when such m jury. death, damage loss or
destruction grous out of or ar*ses fra~ the takm§ do~n of any fence or the movmg or
d~sturbance of any other property of the L~censor
Section I0 INDEFJ~I TY.
A~usecl ~n th~s Section, "L~censor" Includes other ra~lrnad cc~npemes us ~e
L~censor's.pr'l~pet.~ty at or near the locat~on of the L~censee's mstallatlon aed the~fflcers~
agents, and ..ej'~pIo'~e~LL"Loss" ~ncludes loss, da~age, claims, de~aeds, act~ons~ses of
action, penelties~ co~S'1~ end expenses of whatsoever nature, includ~ cou~..t~'osts e~
attorneys' fees, which ma~9~r.~.~ult fra~ (a) injury to or death of per~f~ whomsoever
C,nclud,ng the L,censor's'oft'l~e/:s, agents, and employees, the L~~~;-;~gen. ts,
and erolo¥?es., as well asa. ny o.th~,,~rsonJ, end (b) damage tg,.el~ loss or destruction-of
prope..rty wh~. ~ cl.ud~ng L~cen~propert¥! da~aa.~,.+~ the r~.dbed, tracks, equipment,
~.nse and ~rmlsslon herein
granted, t~censor' from any Loss ,~h~ch
,s due to tr arises frc~ J ~ '
,n.c[ud, g the
~nstel ~~ r~ne~L~ medl f icat~on,
r~tlon~ ,irel ine or~¥~l~a~rt theroof, ~
Section II REF43VAL OF t~IRELINE UP~ I'EI~I~,I'IC~I OF N;REE~ENT
t , Prior to the termination of th~s Agree~nt housoever, the L~censee she I, at
*censee s sole expense, remove the I~lrellne from the property of the L censor a~ restore
such property to es good e coeditlon as it was m before the threl~ne ~s originally
.construct.ed~.all under the superv,s,on and to the satisfaction of the L~censor If the
L~censee tails to o~ the forgoing, the L~censor may perform the uork of ramval and
restoration at the expense of the Licensee The L~censor shell not be I~able to the L~censee
or any dere(je sustained by the L~censae as e result of the ramval of the ~lrellne by the
~censor as ~n this sectmn [~rowded, nor shal I such action prejudice or m~>e~r any r~ght of
action for damages or otherwise that the Dcensor r~e¥, at the t,me of such removal, have
age*nst the L~censee.
Section 12. I~AIVER OF BRE~H
The waiver blt the Licensor of the breach of any condition, covenant or agreement
here!n,co~.teLn~ to be kept, .observed an.d performed by the L~censee shell in no ~y ~ml:~lr the
r~ghr of Ina L~censor to avail itself or any subsequent breach thereof
Exhibit 8
Pag~ 3 of 4
040~n
k~ X
Form Approved, AVP-Law
Sectmn I}. IE~INAflOH.
(a) If the Licensee does not.use the r~ght here~n granted or the Wlrellne for one
(I) year, or if the Licensee continues in default In the performance of any covenant or
agremnt herein ~onlalned for a per od of thirty (JO) days after ur lien not,ce fra~ the.
L~censar 1o the Licensee specify ng such default, the [ censor may, at ~ts option, forthu~th
In~ed~ately terminate this Agre~nt by urHten not,ce.
t (b) In eddH~on to the provisions of sub~ra~raph (a) above, this ~re~nt ~y ~
erm~na~ted b~ urHten not~ce given by e~ther ~rtynere~o to t~e other on an~date ~n such
notice stated, not less, however than thirty (}0) da~s subsequent to the date u~n ~hlch such
not ce ~hall be g~ven.
(c) Notice of default and nof~ce o~ termination ~y ~ served ~rsona y u~ the
Kensee or by ~J~ng to lhe last kn~n address o~ the LKensee [ermtnatlon of this
Agre~nt Lot any reason shall not a~ect an~ of the rights or obligations of the ~rt~es
herelo ~hlch ~y have accrued, or liability, accrued or otherulse~ ~h~ch ~y have arlse~ prior
thereto~
Section 14 AGREEHEN[ NO[ lO BE ASSIGNED.
h l~e.Ltcensee sh~ll not assign th~s Agre~nt, In ~ho · or in ~rt~ or any r gilts
ereln gr~fllea, ~lthout the urltlen consent of the Llcensor~ aed It IS egre~ that any
?~?e~ or asslg~qt o~ 9~t~t~ trans;;r or es~lg~nt.of thas Agre~nt or any of the
;~gn~s neretn grantee, .nelner voluntary, Dy operation of leu or otherwise, u thout such
consent ,tn wrHing, shall be absolutely votd end at the opt;on of the Ltcensor, shall
terminate this Agre~nt.
Section 15 S~CESS~S MO ASSIGNS.
~ubjFct. lo ~h~ provisions of Section 14 flereo[~ th~s Agre~nt shell ~bJndlng u~n
~d I~Ure 1o the Demerit of the ~rties hereto, their heirs, executors, e~lnlsJrBtors,
successors and ass*gn5
Exh~bt t B
Page 4 of 4
040~n
UNION PACIFIC RAILROAD COMPANY
Real Estate Department
R D Uhnch J L Hawkins
Director Real Estate T K Love
J P Gade Omaha Nebraska68102
November 6, 1998
Folder No 924-99
PAUL VVILLIAMSON
CITY OF DENTON
221 N ELM
DENTON TX 76201
Dear Mr Wflhamson
Attached is your original copy of the lhpelme Encroachment Agreement, fully executed on behalf of the Raikoad
Company
If this co~tmctmn is to be done by a contractor, before work can begm, the Contractor's Raghl of Entry Agreement must
be executed by the contractor and returned to me, together with then: proof of insurance, as provided m Article 5 of this agreement
The Radroad Company has authorized the mstallatmn of fiber optic cable facflmes on its property m certain areas Prior
to using the Ralkoad Company's property covered hereto, you should thoroughly revaew the terms and condmans of the documents
and contact the Railroad Company at 1-800-336-9193 to determine ff a fiber optrc cable Is buried °n the subject pr°perry When
you or your representattve enter the Railroad Company's property, a copy of this fully-executed docmnent must be available at the
site to be shown on request to any Railroad employee or offlcml
All Insurance Certificates, if reqtured by the agreements, should be forwarded to me
Folder No 924-99
Dn:eetor - Contracts
Union Pacific Railroad Company
1416 Dodge Street, WP001
Omaha, Nebraska 68179
In order to protect the Raikoad Company's property as well as for safety reasons, ~t as amperat~ve that you notify the
Railroad Company's Manager of Track Mamtanance and the Communications Department
RICHARD MAXWELL, MTM
UNION PACIFIC RAILROAD Fiber Optics Hot Line
606A BELL PLACE 1-800-336-9193
DENTON TX 76201
(817) 38%6213
(817) 994-7667 Cellular
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a nummurn of forty-eight (48) hours m advance of any construcUon on, along, or across the Railroad Company's right-
of-way and/or Backs
JOAN M PREBLE
CONTRACT - REPRESENTATIVE
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