Res 2013-095/Approving a Public Highway At-Grade Crossing Improvement Agreement with Union Pacific Railroad Company for Installation of a Quad Gate System at the Patton Street Crossing

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Union Pacific Railroad Company PUBLIC HIGHWAY AT -GRADE CROSSING IMPROVEMENT AGREEMENT BUILDING AMERICA° Frtm Approved: AVP -Law SECTION 9. The City, for itself and for its successors and assigns, hereby waives any right of assessment against the Railroad, as an adjacent property owner, for any and all improvements made under this agreement. SECTION 10. Covenants herein shall inure to or bind each party's successors and assigns; provided, no right of the City shall be transferred or assigned, either voluntarily or involuntarily, except by express prior written consent of the Railroad. SECTION 11. The City shall, when returning this agreement to the Railroad (signed), cause same to be accompanied by such Order, Resolution, or Ordinance of the governing body of the City, passed and approved as by law prescribed, and duly certified, evidencing the authority of the person executing this agreement on behalf of the City with the power so to do, and which also will certify that funds have been appropriated and are available for the payment of any sums herein agreed to be paid by City. SECTION 12. A. The City agrees to pay unto the Railroad an annual fee for maintenance of the automatic grade- crossing protection facilities within thirty (30) days of the City's receipt of billing. Effective as of the date herein written, the annual fee for the maintenance of the automatic grade- crossing protection facilities shall be FOURTEEN THOUSAND TWO HUNDRED EIGHTY DOLLARS ($14,280.00) per annuin, as indicated in the Railroad's Annual Signal Maintenance Estimate dated September 14, 2012 marked Exhibit B -1, attached hereto and hereby made a part hereof. B. The above annual rental is based upon the number of current signal units at each location. Effective on the first anniversary of this Agreement and on the anniversary date of each subsequent one -year period, the annual rental will be increased at a rate based upon the American Association of the Railroad's (AAR) signal unit cost index. Such changes in the license fee may be made by means of automatic adjustment in billing. The signal unit base for the annual rental may be re- determined by the Railroad Company at any time subsequent to the expiration of five (5) years following the date on which the annual rental was last determined or established. SECTION 13. Upon execution and delivery of this Agreement, the City shall pay to the Railroad an administrative handling charge of ONE THOUSAND HUNDRED DOLLARS ($1,000.00). 2786 -25 City of San Marcos, TX Page 4 of 5 February 8, 2013 Patton Street