HomeMy WebLinkAboutCSX Transportation,Inc.
Augusta Richmond GA
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YEAR: q<o
BOX NUMBER: \ L\
FILE NUMBER: \ 5\11
NUMBER OF PAGES: .3
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Form CSX-5867-A
February 1998 0
SUPPLEMENTAL AGREEMENT
THIS AGREEMENT, Made as of September 26,2001, by and between CSX
TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street,
Jacksonville, Florida 32202, hereinafter called "Licensor~,' and CITY OF AUGUSTA, a
municipal corporation, political subdivision or state agency, under the laws of the State of
Georgia, whose mailing address IS 360 Bay.'Street, Suite 180, Augusta, Georgia 30901,
hereinafter called "Licensee," WITNESSETH:
WHEREAS, certain Agreement(s), hereinafter referred to as "Agreement(s)," listed on
Exhibit "A," attached hereto and made a part hereof, was/were entered into between Licensor (or
predecessor of Licensor) and Licensee (or predecessor of Licensee), covering Licensee's use and
operation of certain pipeline and wireline encroachment(s) along, across, over or under Railroad
right-of-way/property at location(s) listed on Exhibit "A," dated September 26,2001; and
WHEREAS, Licensor and Licensee have agreed to a lump sum payment, in lieu of the
annual license fee(s) provided for in said Agreement(s);
NOW, THEREFORE, it is mutually agreed that said Agreement(s) is/are herebyan1ended
as follows:- 0----____ -
A. Licensor and Licensee agree that the fee( s) set forth in said Agreement( s) shall be
revised as on Exhibit "A," to provide for one-time lump sum license fee(s) payable in U.S. dollars,
in lieu of any further periodic fees or rental or any right to increase same. Licensee agrees that the
License Fee applies only to the original Licensee under this Agreement. In the event of a
successor (by merger, consolidation, reorganization and/or assignment) or if the original
Licensee changes its name, then Licensee shall be subject to payment of Licensor's current
administrative and document preparation fees for the cost incurred by Licensor in preparing and
maintaining this Agreement on a current basis.
B. In the event of sale or other conveyance by Licensor of all or a portion of its Right-
of- Way, along, across, under or over which Licensee has constructed any facilities under such
Agreement(s), such conveyance(s) shall be made expressly subject to the right of Licensee to
continue to occupy the crossing(s) on the specific segment of Right-of-Way, and to operate,
maintain, repair, renew and to remove such crossing(s) and facilities.
C. Licensee acknowledges that Licensor's title to any right-of-way or crossing(s)
varies in degrees of estate, such that Licensor does not, and shall not, make any warranty,
representation or guarantee of its title or of Licensee's right to retain its facilities in place for any
length of term.
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Form CSX-5867-A
February 1998 0
D. Except as herein' provided, said Agreement(s) shall remain in full force and effect in
accordance with all other terms thereof.
IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to
be duly signed, sealed and delivered, in duplicate, effective the day and year fIrst above written.
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CSX ~POR$:JfJL. c.
By. ~ ~
Print/Type Name: Karen E. Mohler
Oirector - Contract Administration
Print/Type Title:
CITY@1?.U,UGG!JSST1A ~.
By: TOWVt1pA_~
Print/Type N~e~ . ~ b ~ 0 (A."'~
Print/Type Title: M.<M.t () l/
Tax IdentifIcation Number:5<6....2;).~lfJ'/'f
Authority under Ordinance or
Resolution No.
dated
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