AT&T and CSX - 4th Street RealighmentAGREEMENT
This Agreement (hereinafter the "Agreement"), effective March a.0 1996, is by
and between the City of Carmel, Indiana, a municipal corporation of the State of Indiana
(hereinafter the "City"), and AT&T Corp., a New York corporation authorized to do
business in the State of Indiana, (hereinafter "AT&T").
WHEREAS AT&T entered into a license agreement with CSX Transportation,
Inc. (hereinafter "CSX"), dated May 1, 1986 (hereinafter the "CSX Agreement");
WHEREAS pursuant to the CSX Agreement AT&T has a right of first refusal
with respect to the sale by CSX of any abandoned segment of railroad right of way
where AT&T has constructed facilities;
WHEREAS the City is desirous of purchasing a segment of abandoned railroad
right of way that is subject to AT&T's right of first refusal;
WHEREAS CSX is willing to and has offered to sell a segment of abandoned
railroad right of way to the City;
NOW THEREFORE, in consideration of the premises set forth herein and other
good and valuable consideration , the receipt and sufficiency of which is hereby
acknowledged, the parties hereby agree as follows:
1. AT&T agrees to waive its right of first refusal with respect to the purchase of the
segment comprising approximately fifteen (15) acres, within Clay Township, Hamilton
County, Indiana between 96th Street and 146th Street (hereinafter the "Segment"), by
sending written indication to CSX of AT&T's willingness to waive such right.
2. The City agrees, upon presentation of itemized bills, to reimburse AT&T for the
actual costs incurred by AT&T due to any removal, change, alteration, adjustment or
relocation of its facilities because of the City's needs, plans or requirements.
3. The City shall not construct, cause to be constructed, or permit to be
constructed, any structure within ten (10) feet of AT&T's cable. The foregoing
notwithstanding, the City may lay asphalt within ten (10) feet of AT&T's cable. If, in the
process of maintaining or replacing AT&T's cable, AT&T, or its agents, contractors or
employees, directly or indirectly damages the asphalt pavement, the City shall, at its
sole cost and expense, be responsible for repairing and restoring the asphalt pavement
at its earliest convenience. During maintenance or replacement of AT&T's cable, AT&T
shall use reasonable efforts to not cause excessive damage to the asphalt pavement.
4. The City shall consult with AT&T during the development of any plans by the City
for any type of construction, demolition and repair of any property within the Segment.
In connection therewith, the City shall promptly furnish AT&T with copies of all plans for
said construction, demolition or repair. The City shall provide AT&T with a copy of any
such plans within ten (10) business days of approval by the City of such plans. Upon
request, AT&T shall furnish the City with drawings and plans showing the location of
AT&T's cable.
5. The City shall notify AT&T, in writing, at the address set forth below, prior to
commencing any construction work within the Segment.
6. The City shall furnish to AT&T a copy of the deed transferring title to the
Segment from CSX to the City.
7. Time is of the essence.
8. All recitals are hereby incorporated into this Agreement and made a part hereof.
9. All notices and other communications in connection with this Agreement shall be
in writing and shall be deemed received by the addressee thereof when delivered in
person to addressee at the address set forth below, or , if sent via overnight mail, the
following business day, or , if sent by certified or registered mail, return receipt
requested, ten (10) business days after deposit in any main or branch United States
Post Office. To be effective, all notices and communications must be properly
addressed to the parties, respectively, as follows:
If to the City: The Honorable James Brainard
Mayor of Carmel, Indiana
One Civic Square
Carmel, Indiana 46032
To AT&T: AT&T Corp.
Outside Plant Engineering & Construction Supervisor for Indiana
1200 Peachtree Street
Atlanta, Georgia 30309
10. The City hereby warrants and represents to AT&T that the undersigned has the
right, power and authority to enter into this Agreement and to bind the City to the terms
hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
2
Board of Public Works and Safety for
the City of Carmel, Indiana
By:
h2-i2a/41CG2c-
Name: J I3'NG4.,5 iS t79/4'j9,CD
Its: C/iii-,hri•;i
nfay (/'C /t
Dated: 0%e2 -e c I, /
Attest:
Diana Cordray,
Clerk - Treasurer
AT&T Corp.
Name:
Its:
Dated: