HomeMy WebLinkAbout2446 RESOLUTION NO. 2446
A RESOLUTION PROVIDING FOR AN AGREEMENT BETWEEN THE CITY OF
LITTLE ROCK, ARKANSAS , AND THE CHICAGO, ROCK ISLAND AND PACIFIC
RAILROAD COMPANY FOR A RIGHT-OF-WAY EASEMENT ACROSS THE CHICAGO ,
ROCK ISLAND AND PACIFIC RAILROAD AT THE RELOCATED EAST FIFTEENTH
STREET CROSSING; AND FOR OTHER PURPOSES.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK,
ARKANSAS:
SECTION 1. The Mayor and City Clerk are hereby authorized and
directed to execute on behalf of the City of Little Rock an agreement
with the Chicago, Rock Island and Pacific Railroad Company for a
right-of-way easement across the Chicago, Rock Island and Pacific
Railroad at the relocated East Fifteenth Street crossing in said City,
which agreement shall be in words and terms as follows :
AGREEMENT
This contract made and entered into this day of
November, 1959, by and between Chicago, Rock Island and Pacific
Railroad Company, hereinafter referred to as Railroad, and the
City of Little Rock, Arkansas, hereinafter referred to as City,
witnesseth:
1
1 . City is presently the owner of an easement across Rail'-
road ' s right of way at the present location of East Fifteenth
Street in the City of Little Rock. Plans have been approved and
construction is ready to start on a proposed relocation of East
Fifteenth Street so that the same will intersect Railroad ' s
right of way at a different location . Such relocation will per-
mit City to relinquish its present easement and will require the
City to procure another easement across Railroad ' s right of way
at the new location .
2 . In consideration for City' s relinquishment of the ease-
ment referred to above which it presently holds, Railroad agrees
to furnish City with an easement permitting the right of ingress,
egress and regress, the same constituting an easement for so long
as the same is used for a public purpose, which easement shall ex-
tend across Railroad ' s right of way at the proposed site of
relocation of East Fifteenth Street .
3. For the same consideration, Railroad agrees to remove
its crossing and flashing light signals from their present location
protecting East Fifteenth Street at its present location and relo-
cate said flashing light signals and construct a crossing which
extends beyond the eastern and western most edge of the railroad
track crossties by a distance of three feet on each side, at the
proposed relocation of East Fifteenth Street . In consideration
for Railroad ' s agreement herein, City agrees to construct suitable
barricades on both sides of Railroad ' s track at the site of the
present East Fifteenth Street crossing which is being relocated
pursuant to the terms hereof .
4. The City states that Ben M. Hogan Company has executed
a contract to construct the hereinabove described approaches to
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said crossing and therein has agreed to the following:
Contractor ' s Insurance
The Contractor shall not commence work under this
contract until he has obtained all insurance required
under this paragraph and such insurance has been ap-
proved by the Owner, nor shall the contractor allow
any subcontractor to commence work on his subcontract
until all similar insurance required of subcontractors
has been so obtained and approved . All such insurance
shall be executed by a licensed resident local agent
of Arkansas .
(a) Public Liability and Property Damage Insurance -
The Contractor shall take out and maintain during the
life of this contract such Public Liability and Proper-
ty Damage Insurance as shall protect him and any sub-
contractor performing work covered by this contract,
from claims for damage for personal injury, including
accidental death, as well as from any claims for pro-
perty damages , which may arise from operations under
this contract, whether such operations be by himself or
by any subcontractor or by anyone directly or indirect-
ly employed by either of them and the amounts of such
insurance shall be as follows :
Public Liability Insurance in an amount not
less than $100,000 for injuries including accidental
death, to any one person, and subject to the same limit
for each person, in an amount not less than $300,000
on account of one accident; and property damage in-
surance in an amount not less than $10,000 and $50,000
(b) Owner' s Protective Public Liability and Pro-
perty Damage Insurance - The Contractor shall take out
and maintain during the life of this contract such
public liability and property damage insurance as shall
protect the Owner and his agents from claims for damage
for personal injury, including accidental death, as
well as from any claims for property damages, which
may arise from operations under this contract, whether
such operations be by himself or by any subcontractor
or by anyone directly or indirectly employed by either
of them, and the limits of such insurance shall be as
shown in sub-paragraph (a) above .
(c) Workmen ' s Compensation Insurance - The Con-
tractor shall take out and maintain during the life of
this contract Workmen ' s Compensation Insurance as shall
protect him and any subcontractor performing work
covered by this contract, from claims for damages for
personal injury, including accidental death, which may
arise from operations under this contract, whether such
operation be by himself or by any subcontractor or any-
one directly or indirectly employed by either of them
as required under the laws of the State of Arkansas .
5 . The parties mutually agree to exchange information
about the movement of men and materials on the part of City or it‘
contractors and the movement of Railroad ' s trains across the site
of the proposed relocation .
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IN WITNESS WHEREOF, this Agreement has been executed and
signed in duplicate by the parties described above on the day
and year first above written .
CHICAGO, ROCK ISLAND AND PACIFIC
RAILROAD COMPANY
By * 4C2'
APPROVEDVice Preai nt Operations
154!:.4......////
ATTEST
l'vs,-1_
Asst, Secreta
CITY OF LITTLE ROCK, ARKANSAS
By
ATTEST:
i
SECTION 2. This resolution shall be in full force and effect
from and after its adoption.
ADOPTED: November 2, 1959
ATTEST: Jyy APPROVED:
City y Clerk -• * •