HomeMy WebLinkAboutUnion Pacific Railroad Co.-Amendment to Right of Entry Agreement-07.20.2009 D o--O5
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AMENDMENT TO RIGHT OF ENTRY AGREEMENT
THIS AMENDMENT TO RIGHT OF ENTRY AGREEMENT ("Amendment") is
made and entered into effective as of July _ 2009, by and between CITY OF WATERLOO,
IOWA, an Iowa municipal corporation ("Owner"), and UNION PACIFIC RAILROAD
COMPANY, a Delaware corporation ("Union Pacific").
RECITALS
A. WHEREAS, Owner and Union Pacific have entered into that certain Right
of Entry Agreement, dated May 11, 2009 (the "Agreement"), which
Agreement permits Union Pacific the right to enter upon and use the
parcels of land (the "Property") for the purposes, and subject to terms and
conditions, set forth therein; and
B. WHEREAS, the parties desire to amend the Agreement to grant Union
Pacific the right to enter upon and use additional land of Owner, in
addition to the Property, as hereinafter set forth.
AGREEMENT
NOW THEREFORE, in consideration of the obligations set forth in the Agreement, as
amended by this Amendment, the parties hereto agree as follows:
1. Property: The Property onto which Owner has granted Union Pacific the right to enter and
use for purposes of a site for outdoor storage of materials and equipment and for construction
work on bridge components under the Agreement is amended to include, in addition to the
land depicted on Exhibit A to the Agreement, the parcel of land (such land, the "Additional
Land") depicted on the print attached hereto as Exhibit C and hereby made a part of hereof.
Union Pacific's entry upon and use of such Additional Land shall accordingly be subject to
the terms and conditions set forth in the Agreement. Upon completion of the repair and
restoration project, Union Pacific shall restore the Additional Land to substantially the same
condition as it was in immediately before commencement of the project.
2. Amendment Governs. To the extent the terms of this Amendment conflict with the terms of
the Agreement, this Amendment shall control. Except as expressly amended herein, all of
the terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their duly authorized representatives as of the date first herein written.
k:\users\engsec\cathy-s\word documents\jamie knutson\u p rr roe amend 7-14-09 rev.doc
CITY OF WATERLOO, IOWA UNION PACIFIC RAILROAD COMPANY
an Iowa municipal corporation a Delaware corporation
By: / By:
Name: —I" r- u.t'1.e Name:
Title: ?'Yiaof Title:
k:\users\engsec\cathy-s\word documents\jamie knutson\u p rr roe amend 7-14-09 rev.doc
EXHIBIT C
[Please see attached print, which depicts both the Property as depicted in the original
Agreement, and the Additional Land added to the Property by this Amendment. The Additional
Land is the area noted as the "PROPOSED MATERIAL STAGING AREA DURING
CONSTRUCTION" and located generally between Seventh Street and Eighth Street, northeast
of Water Street.]
k:\users\engsec\cathy-s\word documents\jamie knutson\u p rr roe amend 7-14-09 rev.doc
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