Res 1573 - Agrmt #S202341 Union
COUNCIL BILL NO. 2028
RESOLUTION NO. 1573
A RESOLUTION ENTERING INTO AN AMENDMENT TO AGREEMENT NO. S202341
WITH THE UNION PACIFIC RAILROAD COMPANY AND AUTHORIZING THE CITY
ADMINISTRATOR TO SIGN SUCH AMENDMENT AND SIMILAR AMENDMENTS THAT
MAY BE RECEIVED BY THE CITY.
WHEREAS, the City of Woodburn entered into an agreement with the Union
Pacific Railroad Company to install a waterline on railroad property within the city,
and
WHEREAS, the City of Woodburn was required to make annual payments for
use of the railroad property, and
WHEREAS, the Union Pacific Railroad Company is undertaking a program to
eliminate annual billing for such property use agreements and convert such
agreements to a one-time payment, and
WHEREAS, the City of Woodburn has several agreements with Union Pacific
Railroad Company for city use of the railroads property, and
WHEREAS, the City of Woodburn can anticipate receiving additional such
amendments as Union Pacific Railroad Company continues this program, and
WHEREAS, it would be in the best interests of the city to enter into this
amendment and authorize the City Administrator to sign additional amendments that
the city may receive that convert existing agreements from an annual payment to a
one time fee, NOW THEREFORE;
Page 1-
COUNCIL BILL NO. 2028
RESOLUTION NO. 1573
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THE CITY OF WOODBURN RESOLVES AS FOllOWS:
Section 1. That the City of Woodburn enter into an Amendment to Agreement
No. S202341, which is affixed as Attachment "A" and by this reference incorporated
herein, with the Union Pacific Railroad Company which converts an annual payment
for use of property to a one time fee.
Section 2. That the City Administrator of the City of Woodburn is authorized
to sign said amendment on behalf of the City.
Section 3. That the City Administrator of the City of Woodburn is authorized
to sign additional amendments to agreements with the Union Pacific Railroad
Company that the city may receiver which convert an annual payment for use of
property to a one time fee.
Approved as to form~:yvr ~
City Attorney
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Date
APPROVED: ~ .~
Richard Jennings, or -
Passed by the Council
February 28, 2000
February 29, 2000
February 29, 2000
February 29, 2000
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
~~
Ma ~ant, Recorder
City of Woodburn, Oregon
Page 2 - Council Bill 2028
Resolution No. 1573
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SUPPAGR,DOC
Form Approved A VP-Law
ATTACHMENT _A
Page ~-'-_.. of --'-_=
Folder No, 1444-48
Audit No.. S202341
AMENDMENT
THIS AMENDMENT is made as February 12, 2000, by and between UNION PACIFIC
RAILROAD COMPANY, a corporation of the State of Delaware, (hereinafter the "Licensor") and CITY OF
WOODBURN to be addressed at 270 Montgomery STreet, Woodburn, OR 97071 (hereinafter the "Licensee").
RECITALS:
By instrument dated July 18, 1984, the parties hereto or their predecessors in interest (if any),
entered into an agreement (herein the "Basic Agreement") identified as Audit No, S202341 , covering a
pipeline located at Woodburn, Oregon.
The parties now desire to modify the Basic Agreement by eliminating the annual rental contained
in the Basic Agreement.
AGREEMENT:
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
Section 1:
CONVERSION OF ANNUAL RENTAL TO A ONE-TIME CHARGE.
Effective as of July 17, 2000, the Licensee agrees to pay to the Licensor the one time sum of $2,830,00, in
lieu of the annual rental heretofore stipulated.
Section 2:
ADMINISTRATIVE HANDLING CHARGE.
Upon execution and delivery of this Amendment, the Licensee shall pay to the Railroad an
administrative handling charge of Five Hundred Dollars ($500,00).
Section 3:
EFFECTIVE DATE
This Amendment shall be effective as of July 17,2000.
Section 4:
AGREEMENT SUPPLEMENTAL
This Amendment is supplemental to the Basic Agreement, as herein amended, and nothing herein
contained shall be construed as amending or modifying the same except as herein specifically provided,
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the
day and year first hereinabove written,
C;y~~
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Title: John C. Brown
City Administrator
UNION PACIFIC RAILROAD COMPANY
BY:~__ ~
: RepresentatIve-Contracts
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