Res 2013-116/Approving an agreement w/Union Pacific Railroad Company for the City to purchase land adjacent to the railroad crossing at S. LBJ Dr. and Edward Gary St.

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W C. Covenants. The Property will be conveyed by Seller subject to the following covenants, conditions and restrictions, which Buyer by the acceptance of the Deed shall covenant for itself, its successors and assigns, faithfully to keep, observe and perform: (1) Fence Covenant. Buyer, at its sole cost and expense, shall install, within ninety (90) days after the date of delivery of the Deed, and thereafter maintain fencing or other barriers to prevent access to or encroachment on the railroad right -of- way of Seller adjacent to the trackside boundary of the Property. Buyer may maintain the fencing currently existing adjacent to the building located near the corner of South LBJ Dr. and S. Edward Gary St. until such time as the building is removed, at which time Buyer, or its successors and assigns, must install fencing along the boundary line of the Property as set forth above. All fencing or barrier must be of a design and type satisfactory to Seller, and in compliance with applicable building codes. Buyer shall submit the plans for the fencing or barrier construction to: Union Pacific Railroad Company Assistant Vice President - Real Estate (Folder No. 02349 -60) 1400 Douglas Street, Mail Stop 1690 Omaha, Nebraska 68179 for review and approval. Seller shall complete such review and make appropriate response to Buyer within twenty (20) days after receipt of such plans by Seller. Seller shall not unreasonably withhold its approval of such plans. Such approval does not constitute a guarantee or warranty that such plans comply with applicable governmental laws, rules, regulations or ordinances, or that the fence as constructed will be structurally sound. (2) Railroad Proximity Covenant. (a) Buyer acknowledges that the property abutting the southern boundary line of the Property is dedicated and used for railroad purposes, that railroad operations may create noise, vibrations, emissions, fumes and odors twenty -four (24) hours a day, and that the amount, nature and intensity of railroad operations may increase or change (collectively, the "Permitted Effects "). Buyer accepts the Property subject to the existence of the Permitted Effects. (b) If Buyer sells or leases all or any portion of the Property, Buyer shall require all purchasers and tenants to acknowledge the location of the railroad operations abutting the Property and the existence of the Permitted Effects, and to agree in writing, for the benefit of Seller, to comply with the above covenants. (3) Restriction On Use. The ground floor of any structure on the Property must not be used for (i) residential, (ii) lodgings or accommodations (including, without limitation, hotels, motels, boarding houses, dormitories, hospitals, nursing homes, or retirement centers), or (iii) educational or child -care facilities (including, without limitation, schools, kindergartens or day -care centers). Notwithstanding the above, the Property may be used for institutions of higher learning except that any dormitories that may be constructed for such institution must abide by the ground floor restriction set out above.