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East Country Club Road Sewer Pipeline Crossing Agreement \i_'. _1. Suppl 861219 Approved AVP-LAW (-" , f I: ; 1\ ~, <~y Folder No. 030-82 Audit No. 163311 THIS SUPPLEMENTAL AGREEMENT is made and entered into as of the ::z..O~ day of O~, 191B by and between MISSOURI PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor"), and CITY OF SALINA, KANSAS, a municipalicorporation of.the state of Kansas (hereinafter the "Licensee"), to be addressed at 300 West Ash, Salina, Kansas 67401. RECITALS: By instrument dated July 31, 1992, the parties hereto or their predecessors in interest (if any), entered into an agreement (hereinafter the "Basic Agreement"), identified as Agreement No. 163311, covering an underground sewage pipeline crossing at M. P. 491. 57 at Salina, Saline County, Kansas. The parties now desire to modify the Basic Agreement by substitution of print. AGREEMENT : NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: Section 1. SUBSTITUTION OF PRINT. The print, dated December 1, 1992, attached hereto as Exhibit A-I, shall be and hereby is substituted for the print, Exhibit A, dated June 10, 1992, attached to the Basic Agreement and from and after the effective date herein whenever the term Pipeline is used in the Basic Agreement, or any amendment or supplement thereto (if any), such reference shall be deemed to refer to the Pipeline as shown on Exhibit A-I, hereto attached. Section 2. ADMINISTRATIVE HANDLING CHARGE. The Licensee shall pay to the Licensor an administrative handling charge of Four Hundred Dollars ($400.00). Section 3. EFFECTIVE DATE. This Supplemental Agreement shall be effective as of the date first herein written. Section 4. AGREEMENT SUPPLEMENTAL. This agreement is supplemental to the Basic Agreement, as herein and/or heretofore amended (if applicable), and nothing herein contained shall be construed as amending or modifying the same except as herein . specifically ,provided. \ C I, Suppl 861219 Approved AVP-LAW IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed, in duplicate, as of the day and year first herein written. MISSOURI PACIFIC RAILROAD COMPANY By~G-~ Direct r - Contracts WITNESS: CITY OF SALINA, KANSAS -1l..Jt~~k:U' By. ~~c&~ Mayor ty '- --'" ,\ ,(I \ " FORM OR-0404-8 REV. O~OI-90 APPLICATION FOR ENCASED NON-FLAMMABLE PIPELINE CROSSING ~ I I . . Z D 15 n.--, . I ~n. .. .1 '~".I' DO.S _~ 'CASING UHGT~_[J) AlOlC "l'U.11IL1 NOTES : II ALL HORIZONTAL DISTANCES TO BE WEASURE!) AT RICHT. ANGlES ~ROY ~ ~ TRACIt, EXCEPT AS HOTED. 2) CASING TO EXTEND BEYOND THE CENTERlINE o~ TllACIt AT RIGHT ANGlES THE GREATER O~ 20. 20 "., OR 30 "., ANO BEYOND LUUT M RAILROAD RleHT-OF-." Ir NECESSARY TO PROVIOE PROPER LEHGlll OUTSIDE OF TRACIt. 3) WINIr.u. O~ SO' rROLI THE EMO OF ANY RAIUlOAD BAIDGE. ~ O~ ANT CUl.VElU, OR ~ou ANT SWITCHING AREA. 4' SICHAL REPRESENTATIVE WST BE PRESEHT OURING INSTAlLATION" RAIUlOAD SIGNAlS ARE IN THE VICINITY o~ CROSSING. 5) ALLOII'A8l[ F'l1lE!) OBJECTS INCUOD 8ACInu.S OF MIDGES; ~ M ROAD CROSSINGS' OVERMEAO VIADUCTS I GIVE ROAD HAIIIl(), OR f ~ Cl.l.YERT5. ,A) IS PIPElINE CROSSING WITHIN DEDICATED STREET ?_YES;....c.....NO; EXHIBIT "A -1" sw-,.~ B) IF YES, NAME OF STREET Ie> DISTRIBUTION LINE '0) CARR I ER PIPE: COt.e.eoOITY TO BE CONVEYED sewClge OPERA TlNG PRESSURE 0 PSI .. WALL THICKNESS 1.15" ;DIAMETER..3G : MATERIAL P-vr.. IE) CASING PIPE: _ WALL THICKNESS .GZ5: DlAYETER 48 : IoCATERIAL :5+ee.{ NOTE: CASING IolJST HAVE 2- CLEARANCE BETWEEN GREATEST OUTSIDE DIA~ETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DI~ENSIONS, GIVE OUTSIDE OF CARRIER PIPE ANO INSIDE OF CASING PIPE. F) METHOD OF INSTALLING CASING PIPE UNDER TRACKIS): ~ORY BORE AND JACK I WET BORE NOT PERMITTED); - TUNNEL ; OTHER ,G) "ILL CONSTRUcrrON BE BY AN OUTSIDE CONTRACTOR?LJES:---JlO: RR FILE NO. ~o-t~ 'DATE' 1~./~9~ ~) DISTANCE FRQU CENTER LINE OF TRACK TO NEAR FACE OF BORING AND JACK (NO P (TS WHEN AlEASURED AT R I GHT ANGLES TO TRACK ..3:J ' I) APPLICANT HAS CONTACTED Mark (ffi:b..en 130' "1"1 OF U. P. COlMJNICATlON DEPAAnAENT AND HAS DETERMINED FIBER OPTIC CABLE_ooES ;...1(..OOES NOT; EXIST IN VICINITY OF .(" ~'WORK TO BE PERFORMED. . ,'~ r / 4// i . Tlc/lei- No. ~/c NO SCALE - n. .iQ.'r'"n. I sa 1101'[ ] . 51 I~; " \.. Swifuh 100000IK nnll 08JtCTI I sa 1101'[ 51 IDI5TANCE Al,:? TIlACll ,ROY SECT I l1li UIl( CRIIUINGI . I lllOTD nll5 D 1l1li Il(OUIMll III AU. CAUl. .n lDC:A Tlllll5 lilT us INIl SUTlClN!o, IIISTANd: RIl"~ Il/II TO & LEGAL SUIIYEl' LIlli( 15 IIEllUIIIEDI 4/.5FT. 'i' llii FT. ~ . .. i III" 1115T C 5Go ....te II. . IlOAllIOl I';;. It, F'T I .. 5" ..i.. I OR TRANSMISSION LINE NOT8 ALL AVAILABLE DIMENSIONS MUST BE FILLED IN TO EXPEDITE THIS APPLJCATION. @ .3001 .~ I : ..Q2. FT. .. , o elL ew ... i 1:.0.7: ... s an TO IIIEAIIUT 11... rOWI ! ... ... !: ... ... ~CaJnirt..JChOfif IlIutIIl8( n XEII OBJtCTI I SEE lIOn 51 tXJ n. @ t ~ 1 50 n. STEEL CASINC WALL TH I CKNESS CHART YINlWUW OIAWETER O~ THICltNUS CASING PIPE .2500- ".. IZ- OR LESS .312S- ~16 OVER IZ--t'- .37SO'" 3/' OVER .r-zr .437S- 711 OVER zr- 28- .5000'" II OVER 28--3"- .5625- 911S OVER 34"-4Z- .6250'" 5/8 OVER "Z--4a- OVER q- llUS r BI APPROVE!) BY R. II. ca. NOTE: THIS CHART IS ONlY FOR 5J.C1OTH STEn CASU'D PIPES WITH YINI~ TIELD STREHGTH O~ 35.000 PSI. ~ . .. i SEAL CASIIIll , , 4t ~n. rORWU TO FlGURE)'z CASING lENGTH .ITH ANGLE or CROSS ING OTHER THAll '()I 8~<+ S'iNA ~ ~ 8 - ~ .p,. UIN. o 1ST. A'_'I x ,,., au.... UII _, .. CD ., CIIIII I. 1"111'1 ... M/S50U.€Z'"PACIFIC RAILROAD CO_ 7R I ~ 0 Iii D LEA D I JUSlU"ISr_ M. P. "19/.57 E. s. .3 t-~I + /9 ENCASED SEWAC,E pi", CROSSING AT Sa.II~d. Sa.ltn'ek:'s I ~T - ".11&l1li 'c:a.arn. FOR C / TY "p S.a./. hCi . "Am t......rc.um WARNING III AU. OCCAS IONS. U. P. COIIlUII CA HIllIS OD'&aMIIT IoUS T s[ COlITACTED IN AOVIoIlCI or AllY _ TO OCTDlIIUC alUOCI All) lOCI. TI 011 or F18(J1 OPT I C CAllIL PHONf;: 1-100- 336-9" J '" -~.. ' ~. . ,.,. .. RESOLUTION NUMBER 93-4543 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF SALINA AND MISSOURI PACIFIC RAILROAD COMPANY FOR A PIPELINE CROSSING IN CONNECTION WITH TIlE INTERCEPTOR SEWER PROJECT. WHEI~EAS, MISSOURI PACIFIC RAILROAD COMPANY has tendered to tIle CITY OF SALINA, KANSAS Pipeline Crossing Agreement No. 163311 covering an underground sewage pipeline on its property at M. P. 491.57 at II Sali na. Kan sas; and WHEREAS, the Board of Commissioners of Salina, Kansas has said proposed supplemental agreement before it and has given it careful review ai1d consideration; and I WHEREAS, it is considered that the best interest of Salina, Kansas I will be subserved by the acceptance of said supplemental agreement; SO NOW, II THEREF01~E I BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1 . That the Terms of the Supplemental Agreement submitted by MISSOURI PACIFIC RAILROAD COMPANY as aforesaid be, and the same are hereby, accepted in behalf of the City of Salina, Kansas. Ii ,I II II empowered and directed to execute said supplemental agreement on behalf of II Ii said City and the City Clerk of said City is hereby authorized and directed to II attest said supplemental agreement and to attach to each duplicate original of /i said supplemental agreement a certified copy of this Resolution. II Adopted by the Board of Commissioners and signed by the Mayor this II 4th day of January. 1993. ,I if Ii Ii I I (SEAL) I ATTEST: j\~ S\,,{uJu- Jacqueline Shicver, CMC City Clerk Section 2. That the Mayor of said City is hereby au thorized, ~ 2~cTr Carol E. Beggs, Mayor STATE OF KANSAS ) ) SS COUNTY OF SALINE ) . I, Jacqueline Shiever, City Clerk of the City of Salina, Kansas, dOl' hereby certify that Resolution Number 93-4543 was adopted by the Board of Commission~rs .at its regular meeting on January ~'. 1993, a~d .that the above 'I' and foregomg IS a true and correct copy of the orlgmal on fIle m my office. (SEAL) WITNESS my hand and official seal this 5th day' of January, 1993. J~\A.C-~~\uw~ Jacqu~line Shiever, CMC City Clerk UNION PACIFIC RAILROAD COMPANY CONTRACTS & REAL ESTATE DEPARJMENT 91 ROOM 1100, 1416 DODGE STREET OMAHA, NEBRASKA 68179-1100 (402) 271-3753 FAX (402) 271-5493 July 24, 1992 030-82 CITY OF SALINA, KANSAS' A'fTN HR DON HOFF PE CITY ENGR 300 WEST ASH SALINA KS 67401 Gentlemen: Attached are revised duplicate originals of a Pipeline Agreement covering an underground sewage pipeline located at Salina, Kansas. Article 6 of this document has been revised to change the insurance limits as requested in Mr. Keith F. Rawlings' letter of July 16, 1992, which cited the applicability of the Kansas Tort Claims Act to the City's'insurance coverages. In the spaces marked by an "x", please arrange for execution of the attached docmnent and have the signatures witnessed or attested, as indicated. Please RETURN ALL COPIES of the document for execution on behalf of the Railroad Company in the enclosed self-addressed envelope. Your copy of the fully executed document will be returned to you, if approved by the Railroad Company. I have attached the Resolution which was attached to each copy of original document to each copy of this revised document. If this is satisfactory and you need a new Resolution to enable the Mayor to sign revised document, please prepare a new Resolution, execute and attach it. the not this If you have any questions, please contact me at 402 - 271-2346. Sin~~r~ly./)ours , i )t .,~f"\. !,( .i . ! '..1 \,) / ;-tl~/ '-.- , ._/ "!":' ._" j/ v. ;';J .!JJ. fBOBER Contracts - Representative ,. ,. PL X 890707 Form Approved, AVP-Law Folder No. 030-82 PIPELINE AGREEMENT CROSSING M.P. 491.57, Trigo Industrial Lead Location: Salina, Saline County, Kansas THIS AGREEMENT is made and entered into as of the day of 19 by and between MISSOURI PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the Licensor) and CITY OF SALINA, KANSAS, a municipal corporation of the State of Kansas, to be addressed at 300 West Ash, Salina, Kansas 67401 (hereinafter the Licensee). IT IS MUTUALLY AGREED BY AND BETWEEN THE PART.IES HERETO AS FOLLOWS: Article 1. LICENSE FEE. Upon the execution of this Agreement, the Licensee shall pay to the Licensor a license fee of six hundred dollars ($600.00). Article 2. LICENSOR GRANTS RIGHT. In consideration of the license fee to be paid by Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate an underground sewage pipeline (hereinafter called the Pipeline) in the location shown and in conformity with the dimensions and specifications indicated on the attached print, dated June 10, 1992, marked Exhibit A. Article 3. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B,hereto attached. Article 4. TERM. This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. Article 5. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is to do any of the work performed on the pipeline ( including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement . Under no circumstances will 0636n Pgl PL X 890707 Form Approved, AVP-Law Licensee's contractor be allowed onto Licensor's premises without first executing the Contractor's Right of Entry Agreement. Article 6. SPECIAL PROVISIONS - INSURANCE. The Licensee, at the Licensee I s provide to the Licensor a Certificate effectiveness of.insurance as follows: own of sole cost and expense, shall Insurance certifying to the General Public Liability providing bodily injury and property damage coverage with combined single limit for each occurrence, with limits as currently in force or as required by law, whichever is greater, a portion of which may be self-insured with the consent and approval of the Licensor. Such insurance shall be endorsed to provide contractual liability assumed by the Licensee under this Agreement, and that coveJ;age shall not be cancelled or changed without giving thirty (30) days' prior written notice to Licensor, c/o Director - Contracts, 1416 Dodge Street, Omaha, Nebraska 68179. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By: Director - Contracts Witness: CITY OF SALINA, KANSAS x JI)......HL;... ~liCJ\f1 \~~~ x ..~ES~ Mayor 0636n Pg 2 PLACE ARROW INDICATING NORTH_ I_~ DIRECTION RELATIVE TO CROSSING, ~ '" ... ~ <) "" ~ ~ .;: ~Q.""/f~ 1~'1/ TO Salina I NEAREST R. R. APPLICA TION NON-FLAMMABLE NO SCALE .... f "',.. "'J i -FT. ~T. I SEE HO.J:E l . S I I,;). If' \.. Switch I OriCR IBE q lED OBJEC T I I SEE HOTE 51 IOISTAMCE ALON' TRACl fROlol SECTIOI/ LINE CROSSING' FT. IIoIOTEI nos 011€N51011 REClJIROlIN "LL CUES. A! L0C4T1ONS HOT lISING SECTIONS, OIST4HCE RR' 5 RlW TO .. LEGAL Sl.IlVEY UNE 15 REClJIREDI e. c ... l @ / / / 5 rT 4/.5 FT. 'I" 8.5 n. ,~" FORM DR- 0404- B REV. 05-01- 90 FOR . ENCASED PIPELINE CROSSING NOTE: ALL FILLED IN @ AVAILABLE DIMENSIONS MUST BE TO EXPEDITE THIS APPLICATION. '?:>DoC! ., z '" '" ., '" v NOTES : II ALL HORIZONTAL DISTANCES TO BE WEASURED AT RIGHT ANGLES FROM ~ OF TRAC~" EXCEPT AS NOTED. 2) CASING TO EXTEND BEYOND THE CENTERlINE OF TRAC~ AT RIGHT ANGLES THE GREATER OF 20. 20 FT., OR 30 FT.. ANO BEYOND UWIT OF R"ILROAD RIGHT-OF-WAY [I' NECESSARy TO PROVIDE PROPER LENGTH OUTSIDE OF TR"C~. 3> ~INI~ OF 50' FR~ THE END OF ANY RAILROAD BR[DCE, ~ OF ANY CULVERT. OR FROU ANY SwrTCHING ARE~ .cl SICNAL REPRESENTATIVE IoIJST BE PRESENT DUR1NG INSTALLATION II' RAILROAD SIGNALS ARE IN THE VICINITY or CROSSING. 5) ALLO\I'ABLE rIxED OBJECTS INCLUDE: e"CU"LLS OF BRIDGES; ~ or ROAD CROSSINGS 8 OVERHEAD VI"DUCTS I GIVE ROAD H....E). OR ~ OF I . llO n. ....LI I CUING PIPE, ISM"".. ". I L.. CARRI[II ,::.,: I , I .1 I " 2 0 ... 1'5 n.~ ~ ---;;.r= " ~ t)O,S~. I CA51HG LENGTH WHEN WUSURED ALONG PIPELlHE..1 WIN. 0151 I s.. Mot. 21. SEAL CAS ING RllAD8ED '" Z J ,.. .. .. ~Counirt.JC/ubfif I DESCRIBE FIlED 06JECTI I SEE NOTE 5> 1:;,t,FT (mT ..i...., -/ ----- -- / / / @ 50 FT. SUol CAS I NG " " 1./, ~T. 'I Al IS PIPELINE CROSSING WITHIN DEDICATED STREET ?_____yES;~O; Bl IF YES, NAME OF STREET C) DISTRIBUTION LINE o I CARR I ER PIPE : Ce>>.e.40DITY TO BE CONVEYED Se'A/cj(je ~=E~Ai~7gK:~;~SU~ ~DlA:~+ER 3G;" ; MATERIAL D.I. E) CASING PIPE: WALL THICKNESS .Gi?5: DIAMETER 48- ; MATERIAL 5-fee/ NOTE: CASING UUST HAVE 2- CLEARANCE BETWEEN GREATEST OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPL WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF CARRIER PIPE AND INSIDE OF CAS.ING PIPE. F) METHOD OF INSTALLING CASING PIPE UNDER TRACKl Sl: ~DRY BORE AND JACK (WET BORE NOT PERMITTED): _ TUNNEL ; OTHER Gl WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? -LYES;--NO; H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND JACK I NG P ITS WHEN UEASURED AT R I CHT ANCI.ES TO TRACK 3:")' I) APPL I CANT HAS CONTACTED Mocf5:.. s:ro..en llO' "II<. I OF U. P. COI.4MUNICATION DEPARTUENT AND HAS DETERUINED FIBER OPTIC CABLE_DOES :-LDOES NOT; EXIST IN VICINITY OF WORK TO BE PERFORMED. . Tlcke+ No. G/e4// OR TRANSMISSION LINE r I!A' 5 R/. . &:J FT. ~ ' E. O. T ",a. C 'j TO :J I H[ARES T R. II. TOIrtlI eo .,.-- FT. ~ a: .. f STEEL CASING WALL THICKNESS CHART UINlUUW DJAWETER OF THICKNESS CASING PIPE .2S00- 1/"- 12'" OR LESS . 312S" 5116- OVER 12"-18" .3750- 3/8- OVER 18--22'" . "37S- 7116- OVER 22--28" . SOOO- 112- OVER 28-- 34- . 5625- 9/16- OVER 3"-- "2- .6250- s/e- OVER 42-- "e- OVER 4e' IoIJST BE APPROVED BY R. R. Co. NOTE: THIS CHART IS ONLY ~OR SUOQTH STEEL CASING PIPES WITH WINlWUW YIELD STRENGTH or 35, 000 PS I. rDRl.VLA TO FIGURE Yz CASING LENGTH WITH ANGLE OF CROSS ING OTHER THAN 900 e J1~ ----- ~ SIHA J1" ~' ~ 6._ B WIN. DIST. f tCn 2>> CIA.. VERT!>. >< EXHIBIT "A" SU-Y-N I rDfl ....ILJIIQf.D IA{ CN..' - DO *1l~1T[ Ill' TlfU 10:1) M/S50URTpACIFI~ RAILROAD CO. Triao 1,,~. Lwd ...J 15LlmJVI51C1ifl M. P. tfq{. 57 E. S. :3>b2.1 + ~, ENCASED ~EWA"E PlPE"LINE CROSS I NG AT So.. (I'f'l<'\ S~"~C- k~. I~l _ ~'.tICIIII I;.cunTI IsrAn, FOR C:-.h. ot .Sa\I~C\ -tj I """""-1u.JfT1 RR FILE NO. 30-8.::2 DATE ~-1D-9.;z tr A R N r N C IN AlL OCC"SION!>, LL P. COIolIoU/IC!T 1010'5 OEPARTWE'" OUST BE COI/TACltD IW ADVANCE or "'" _. TO OCTOlWllo!: (JISTOlC[ AND LOUTlOll Of fl8Ell OPTIC C4lILE. PHONE: '-IDO-l)rSlU Pl X 890707 Form Approved, AVP-law EXHIBIT B Section I. liMITATION AND SUBORDINATION Of RIGHTS GRANTED. (a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the licensor to use and maintain its entire property including the right and power of the licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wlrelines, pipelines and other facilities upon, along or across any or all parts of its - property, all or any of which may be freely done at anytime or times by the licensor without liability to the licensee or to any other party for compensation or damages. (b) The foregoing grant is also subject to all outstanding superior rights (inc I~ding those i~ favor of I icensees and lessees of the li~ensor's property, and others~ and 'the rlght.of th~ licensor to renew and extend the same, and IS made without covenant of title or for qUiet enJoyment. Section 2. COOSTRUCTION, MAINTENANCE AND OPERATION. (a) The Pipeline shall be constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the licensee in strict conformity with Union Pacific Railroad Co. Common Standard S~ification 1029 adopted November 1949, and all amendments thereof and -supplements thereto, which by this reference is hereby made a part hereof, except as may be modIfied and approved by the licensor's Assistant Vice President-Engineering Services. In the event such SpecIfication conflicts in any respect with the requirements of any federal; state or municipal law or regulation, such requirements shall govern on all points of conflict, but in all other respects the Specification shall apply. , ' , (b) All workperfonred on property of the licensor in connection with the construction, Iffiintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done under the supervision and to the satisfaction of the licensor. (c) Prior to the commencement of any work in connection with the construction, maintenance, repair, renewal, modification, re ocation, reconstruction or rerroval of the Pi pe line where I t passes underneath the roadbed and track or tracks of the licensor, the licensee shal I submit to the licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the licensor's operat ions, and sha II not proceed with the work unt i I such plans have been approved by the Assistant Vice President-Engineering Services of the licensor and then only under the supervision of the Assistant Vice President-Engineering Services or his authorized representative. The licensor shall have the right, if It so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, ~int~nance, repair, rene-.al, rrodiflcation, r~location, reconstructio~ or rerroval of the Pipeline, and, In the event the licensor prOVides such support, the licensee shall pay to the licensor, withinfifteen (15) days after bills shall have been rendered therefor, all expense incurred by the licensor in connection therewith, which expense shall include all assignable costs. (d) The licensee shall keep and Iffiintain the soil over the Pipeline thoroughly coopacted and the grade even with the adjacent surface of the ground. Section 3. NOTICE OF CCM1ENCEMENT OF WORK. If an emergency should arise requiring immediate attention, the licensee shall provide as much notice as practicable to licensor before ccmrencing any work. 'In all other situations, the licensee shall notify the licensor at least ten (10) days (or such other time as the licensor may allow) in advance of the ccmrencement of any work upon property of the licensor in connection with the construction, maintenance, repair, renewal, rrodification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted di ligently to completion. Sec t ion 4. liCENSEE TO BEAR ENT I RE EXPENSE. The licensee shall bear the entire cost and expense incurred in connection with the construction, lffiintenance, repair and renewal and any and allllDdification, revision, rel9Cation, removal ~r recon~truction ~f the Pi~line, includi~g.any ~nd all.expense which may be Inc~rred by the liCensor In connection therewith for superVISion, Inspection, flagging, or otherWise. Exh i bit B Page I of 4 04050 Pl XI A Sec t ion 5. REl OCA T I Cf4 ~ REP()V Al Of P I PH I Nf. (a) The license herein granted is subject to the needs and requirements of the licensor in the operation of its railroad and in the improvement and use of its property, and the licensee shall, at the sole expense of the licensee, move all or any portion of the Pipeline to such new location as the licensor may designate, whenever, In the furtherance of its needs and requirements, the licensor shall fInd slJch action necessary or desirable. . (b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH liCENSOR'S OPERATION. The Pipeline and all parts thereof within and outside of the limits of the property- of the licensor shal I be constructed and, at al J times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property.and facilities 9f the Licensor, and nothing shall be done or suffered to be done by the licensee at any time that would In any manner impair the Safety thereof, Section 7. PROTECTICf4 Of FIBER a:>TIC CABLE SYSTEMS. (a) Fiber optic cable systems may be buried on the licensor's property, Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits, Licensee shall telephone the Licensor at 1~-3}6-9193 (a 24-hour nllTber) to determine if fiber optic cable is buried anywhere on the. licensor's premises to be used by the licensee, If it is, Licensee wi II telephone the telecoom.mications cOOl)any(ies) invOlved,.arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Licensor's premises, (b) In addition to other indermity provisions in this Agreement, the licensee shall indennify and hold the licensor harmless fran and a9ainst all costs, liability and expense whatsoever (including, without limitation, attorney s fees, court costs and expenses) arising out of any act or anlssion of the Licensee, its contractor, agents and/or etll>loyees, that causes or contributes to (I) any damage to or destruction of any telecommunications system on licensor's property, and (2) any injury to or death of any person errployed by or on behalf of any telecOOTTJ.Jnlcatlons cOO'pClny, andlor its contractor, agents and/or errployees, on Licensor's property. licensee shall not have or seek recourse against licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecOOTllJnlcation cc:rTtlOny using licensor's property or a cust~r or user of services of the fiber opt i c cab I e on lICensor's proper ty, Section B. CLAIMS AND LIENS FOR lA~ AND MATERIAL; TAXES. (a) The licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the licensor In connection with the construction, maintenance, repair, renewal, modifIcation or reconstruction of the Pipel ine, and shall not permit or suffer any mechanic's or materialman's lien of any kind or Mture to be enforced against the property for any work done or materials furniShed thereon at the instance or request or on behalf of the licensee, The licensee shall inderrnify and hold harmless the licensor against and frOOl any and all liens, claims, derrends, costs and expenses of whatsoever nature in any way connected with or grOWing out of such work done, labor per forrre<l , or materials furnished. (b) The licensee shall prc:rT{)tly payor discharge all taxes, charges and assess.rrents levied upon, in respect to, or on account of the Pipel ine, to prevent the s.arre frOOl becOOling a . charge or lien upon property of the licensor, and so that the taxes, charges and assess.rrents levied upon or in respect to such property shall not be increased because of the location, construction or rraintenanceof the Pipeline or any iflllrovement, appliance or fixture connected therewith placed upon such property, or on account of the licensee's interest therein. Where such tax, charge or assess.rrent may not be separately made or assessed to the licensee but shall be included in the assess.rrent of the property of the licensor, then the licensee shall pay to the licensor an equitable proportion of such taxes detenmined by the value of the licensee's property upon property of the licensor as cCX'Jl)ared with the entire value of such property. _ .Section 9. RESTORATIOO Of LICENSOR'S PROPERTY, In the event the licensor authorizes the licensee to take down any fence of the licensor or in any manner move or disturb any of the other property of the Licensor in Exhibit B ~~ 2 of 4 PL X 890707 Form Approved, AVP-law connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or rem:>val of the Pipeline, then in that event the licensee shall, as soon as possible and at licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was rroved or disturbed, and the Licensee shall indemify and hold harmless the licensor, its officers, agents and employees, against and from any and al I liability, loss, damages, claims, dE!(ffinds, costs and expenses of whatsoever nature, i nc Iud i ng court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the licensor. Section 10. INDEMNITY. As used in this Section, "licensor" includes other rai I road c~nies using the licensor's property at or near the location of the licensee's installation and their officers, ,agents, and ~Ioyeesj "loss" includes loss, damage, claims, dE!(ffinds, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whansoever (including the licensor's officers, agentsl and ~Ioyees, the licensee's officers, agents, and employees, as well as any other person}j and (b) damage to or loss ordestructton of property whatsoever (including licensee's property, darMge to the roadbed, tracks, equi~nt, or other property of the licensor, or property in Its care or custody). As a major inducement and in consideration of the license and penmission herein granted, the licensee agrees to indemnify and hold harmless the licensor from any loss which IS due to or arises' from: I. The prosecution of any work cont~lated by this Agreement including the installation, construction, maintenance, repair, renewal, rrodificatlon, reconstruction, relocation, or removal of the Pipeline or any part thereof; or 2. The presence, operation, or use of the' Pipeline or contents escaping therefrom, except to the extent that the loss is caused by the sole and direct negligence of the licensor. Section II. RE~AL OF PIPElINEUPCW. TERMINATICW Of AGREEMENT. . Pr ior to the termi nat ion of. th i ~ Agreerrent howsoev~r, the licensee sha II, at licensee's sole expense, renove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the tine of the construction of the Pipeline. If the lICensee fails to do the for99oin9, the Licensor may do such work of renoval and restoration at the cost and expense of the licensee. The Licensor rrey, at its option, upon such termination, at the entire cost and expense of the licensee, rem:>ve the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a cond it ion as it was in at the t irre of the construction of the Pipeline, or it rrey permit the Licensee to do such work of rem:>val and restoration under the superVision of the licensor. In the event of the removal by the licensor of the property of the licensee and of the restoration of the roadbed and property as herein provided, the licensor shall in no manner be I iable to the licensee for any damage - susta i ned by the Licensee for or on account thereof, and such rerrova I and restorat ion sha II in no manner prejudice or i~ir any right of action for damages, or otherwise, that the Licensor ,may have against the licensee. Section 12. WAIVER OF BREACH. The wa iver by the Licensor of the breach of any cond i t i on. covenant or agreerrent ,herein contained to be kept, observed and perfonred by the licensee shall in no way i~ir the right of the Licensor to ava i I i tse I f of any subsequent breach thereof. Section 13. TERMINATION. (a) If the licensee does not use the right herein granted or the Pipeline for one (I) year, or if the licensee continues in default In the perform:lnce of any covenant or agreerrent herein ~ontained fo~ a)leriod of thirty (0) ~ays after writt~n noti~e from the licensor to the Licensee specifYing such default, the licensor may, at Its option, forthwith immediately terminate this Agreement by written notice. Exhibit B page 3 of 4 04 Sn '. PL X 890707 Fonm Approved, AVP-Law (b) In addition to the provisions of subparagraph (a) above, this Aor~nt Il\3Y be tenminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than thirty ()O) days subsequent to the date upon which such not i ce sha II be given. ' (c) Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Tenmination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee sha II not ass i gn th i s Agreecrent, in who I e or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assigment or attffil)ted transfer or assigrrrent of this Agreement or any of the rights h~rejn.g~anted, whether voluntary, ~y operation of fa,:" or otherwjse, without such consent In writing, shall be absolutely vOid and, at the option of the LICensor, shall tenminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. Exhibit B Page 4 of 4 04 5n ...- ..... ..~... ...-. -. .. ""........~_.. ._--_..._...~-~... .. -.- ,. ..- .._~-.. . . ..--.---.-...----.......-. ..___..~_.__._.____.._..__. .._ ___._._...0... RESOLUTION NUMBER 92-4469 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF SALINA AND MISSOURI PACIFIC RAILROAD COMPANY FOR A PIPELINE CROSSING IN CONNECTION WITH THE INTERCEPTOR SEWER PROJECT. WHEREAS, MISSOURI PACIFIC RAILROAD COMPANY has tendered to the CITY OF SALINA, KANSAS a Pipeline Crossing Agreement covering an ' underground sewage pipeline on its property at M. P. 491. 57 at Salina, Kansas; and WHEREAS, the Board of Commissioners of Salina, Kansas has said proposed agreement before it and has given it careful review and consideration; and WHEREAS, it is considered that the best interest of Salina, Kansas will be subserved by the acceptance of said agreement; SO NOW, THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section. 1. That the Terms of the Agreement submitted by MISSOURI PACIFIC RAILROAD COMPANY as aforesaid be, and the same are hereby, accepted In behalf of the City of Salina, Kansas. Section 2. That the Mayor of said City is hereby authorized I empowered and directed to execute said agreement on 1:>ehalf of said City <;Lnd the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this Resolution. Adopted by the Board of Commissioners ~nd signed by the Mayor this 22nd day of June, 1992. ~ c! &1'P- Carol E. Beggs, Mayor (SEA L) ATTEST: ~~ ~\.M-~ ~~'UJ~ Jacqll~line Shiever, CMC City Clerk STA TE OF KANSAS ) ) SS COUNTY OF SALINE ) I, Jacqueline Shiever, City Clerk of the City of Salina, Kansas, do hereby certify that Resolution Number 92-4469 was adopted by the Board of Commissioners at its regular meeting on June 22, 1992, and that' the above and foregoing is a true and correct copy of the original on file in my office. WITNESS my hand and official seal this 23rd day of June, 1992. (SEAL) .J~~ ~lUJt.V Jacqu~line Shiever, CMt City Clerk PL X 890707 Form Approved, AVP-Law Folder No. 030-82 PIPELINE AGREEMENT CROSSING M.P. 491.57, Trigo Industrial Lead Location: Salina, Saline County, Kansas THIS AGREEMENT is made and entered into as of the day of 19 by and between MISSOURI PACIFIC RAILROAD COMPANY, a Delaware corporation. (hereinafter the Licensor) and CITY OF SALINA, KANSAS, a municipal corporation of the State of Kansas, to be addressed at 300 West Ash, Salina, Kansas 67401 (hereinafter the Licensee). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. LICENSE FEE. Upon the execution of this Agreement, the Licensee shall pay to the Licensor a license fee of six hundred dollars ($600.00). Article 2. LICENSOR GRANTS RIGHT. In consideration of the license fee to be paid by Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate an underground sewage pipeline (hereinafter called the Pipeline) in the location shown and in conformity with the dimensions and specifications indicated on the attached print, dated June 10, 1992, marked Exhibit A. Article 3. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. Article 4. TERM. This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. Article 5. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is to do any of the work performed on the pipeline (including initial construction. and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will 0636n Pg 1 ,PL X 890707 Form Approved, AVP-Law Licensee's contractor be allowed onto Licensor's premises without first executing the Contractor's Right of Entry Agreement. Article 6. SPECIAL PROVISIONS - INSURANCE. The Licensee, at the Licensee 's provide to the Licensor a Certificate effectiveness of insurance as follows: own of sole cost and expense, shall Insurance certifying to the General Public Liability providing bodily injury and property damage coverage with combined single limit for each occurrence, with limits as currently in force or as required by law, whichever is greater, a portion of which may be self-insured with the consent and approval of the Licensor. Such insurance shall be endorsed to provide contractual liability assumed by the Licensee under this Agreement, and that coverage shall not be cancelled or changed without giving thirty (30) days' prior written notice to Licensor, c/o Director - Contracts, 1416 Dodge Street, Omaha, Nebraska 68179. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By: Director - Contracts Witness: CITY OF SALINA, KANSAS x'--\/U ",.u.J, ~1 L. S1.\tJ.lLL \ tJ..1 ~~ \ay~E~ 0636n Pg 2 PLACE ARROW INDICATING NORTH I DIRECTION RELATIVE TO CROSSING .;; ....~ <it () T ~ ....~ ~ ~4."/f;} ~\'1/ ~~ TO Salina t NEAREST R. R. FORM DR-0404-B REV. 0S-01-90 APPLICA TION NON-FLAMMABLE FOR ENCASED PIPELINE CROSSING NO SCALE ... f """ "'.... " - FT. ~T. t SEE ~E ) . 51 /~ IJ t DISTANCE I.l. '- Swifch I OESCR IBE r IXEO OBJECT I I SEE HOTE 5' TRACZ fROW SECTION LINE CROSSING' FT. 'HOTD TIllS OlloE:NSIOH REWIMll IN ALL CJ.5E5. AT LOC.&TIONS NOT lISllOG SECTIONS, DISTANCE RR' 5 IV. TO A LEGAl 5l.JlvET LlN( IS REWIREOI ~ C' .. i @ ,- ,- , sn 4/.5 FT. '1,8,5 H. .~. NOTE: ALL FILLED IN @ AVAILABLE DI~ENSIONS MUST BE TO EXPEDITE THIS APPLICATION. 300Cl CI Z '" '" o '" u '" z .... '" .. .. ~O:vnirL;C/ub!?l I OESCR 1 BE r I XED o.3JECTl I SEE HOTE 51 @ 2 0 ' I 15 n.~ b~~ t, ' ~ ~O.S~. I CASINe LEHGTM WHEN lI05l.JlEll ALONe PIPELlNE. I 5<:J FT. SOl CI.S I lOG ~t. ~T. ['SID : RA' 5 R/. I . '20 n, ...... I I '''SINe ,..,(" ,I 50.. No". 41. ! f.. C~IER PI': I , I .. I WIll. 015T (s.o. Hote 21. RO~Ell I:;, t. FT tun. wiN.,) , " 'I = 60 FT. ~ ' E. O. T .... ..'" = TO " I N(AREST ~ R. TO'''1l 5:J FT. ~ .. '" l STEEL CASING WALL THICKNESS CHART ~INI~ OI~TER OF THICKNESS C~SJNC PIPE .2500"' I I~" 12" OR LESS .3125" 5/16" OVER 12"-IB" .3750" 3/8- OVER 11"-22" .~375" 7/16" OVER 22"-28" . 5000" 1/2" OVER 28-- 34" .5625" 9/16" OVER 34"-42" .6250" 5/8" OVER ~2"-4B" OVER <18" loI.JST BE ~PPRovED BT R. R. co. NOTE: THIS CH~RT [S ONLY FOR SUOOTH STEEL C~S[NC PIPES WITH ~INlWUW YIELD STRENGTH OF 35. DOO PS,I. FO~l~ TO FICURE Yz C~S[NC lENGTH WITH ~NGlE OF CROSSING OTHER TH~N 900 B S'~ SINl> S'~<;; <7'." ~ t.nu NOTES: 1 I ~LL HORIZONTAL DISTANCES TO BE WE~SURED AT RIGHT ~HGlES FROIol Ii OF TR~CK, EXCEPT ~S '~::>TEO. 2) C~S[NG TO EXTEND BEYOND THE CENTERLINE OF TR~CJ. AT RIGHT ~NGLES THE GRUTER OF 20 + 2D FT., OR 30 FT., ~ND BEYOND L1l1n OF R~ILRO~D RIGHT-or-wn IF NECESS~RT TO PROVIDE PROPER LENGTH OUT~rDE OF TR~CJ;. J) IIIHI/oUoI OF 50' FROIoI THE EHO OF ~NY RAllRO~ BRIDGE. 'i OF ~NY CULVERT, OR FRO'" ~NY Sl'liTCHING ~RE~ 41 SIGNAL REPRESENTATIVE loUST BE PRESENT Ol.JlING INSTALLATION IF RAILROAD SIGN~lS ARE IN THE VICINITY OF CROSSING. 5) AlLOW~LE FIXEC OBJECTS I NCLlJOE: BACKWALlS OF BRIDGES; 'i OF RO~D CROSSINGS a OVERHUD vaDUCTS (GIVE RO~D N~E). OR Ii OF B ~IN. D[ST. IICJTl 21 A) IS PIPELINE CROSSING WITHIN DEDICATED STREET ?_YES;--C...-NO; Bl IF YE~ NAME OF STREET Cl DISTRIBUTION LINE OR TRANSMISSION LINE x OJ CARRIER PIPE: COM\.4ODI TY TO BE CONVEYED sewc1C3e OPERA T I NG PRESSURE 0 . PS I .. WALL THICKNESS .43 ; DIAIAETER 3G ; MATERIAL OI. El CASING PIPE: . WAll TH I CKNESS ' .CPE5 i DI AMETER 48 i l.\A TER I AL 5-fee / NOTE: CAS I NG t.AUST HAVE 2" CLEARANCE BETWEEN GREATEST OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF CARRIER PIPE AND INSIDE OF CASING PIPE. Fl METHOD OF INSTALLING CASING PIPE, UNDER TRACKIS1: ~DRY BORE AND JACK (WET BORE NOT PERMITTED); _ TUNNEL ; OTHER Gl Will CONSTRUCTION BE BYANOUTSlDE CONTRACTOR? 1-YES;---1'/O; Hl 0 I STANCE FROM CENTER LI NE OF TRACK TO NEAR FACE OF BOR I NG AND JACK IHG PITS WHEN l.lEASURED AT R I (iHT ANGI.ES TO TRACK .3::') , I) APPLICANT H"S CONTACTED Mark E+hen I}C' WI..., OF U. P. CO~NICATION DEPARTUENT AND HAS DETERIAINED FIBER OPTIC CABLE_DOES :~DOES NOT; EXIST IN VICINITY OF WORK TO BE PERFORMED. TickeT No. G/E4// CIA. VERT!>. EXHIBIT " A" S~-T-N l ~DlIl ....tL..lQa,t:l 1J5.{ CN...' - CI:i en ~In I.. TlUS KDI MISSOU..eTPAC I F I ~ RA I LROAD CO. Jrioo 1t\~. Lw.d M" P. 4 q I, '57 ENCASED 5E~ME S gJ I 'rw., t IlLUIl"(,ST .. 51..11,*,' FOR C~:b 0+ RR FIL= NO. ]O-g~ I !UZIYI5 rc.l E. S. 3>10 21 + ~ PIPHINE CROSS I NG AT 5.;jfinc: Kf:. I c.aMTtl Sll.L~l\ Isun) I...... rc.unl DA TE ~-/D-9;;Z I ~ R H I N C '" I.l.L OCCASIONs. U. P. ::.o..&o;!C"IOWS OEPART\O(llVST B( COHT.a.CTED !N" .A.DVANCE or AJrr 'IIOR1 TO O(TERWr..: (JISTENC( AIC> LOCATloo, or riSER OPTIC ClIllL PHClOo1(: I-.oe>-n..-"n Pl X 890707 Form Approved, AVP-law EXHIBIT B Section I. lIMITATI~ AND SUOClRDINATICW Of RIGHTS GRANTED. (a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the licensor to use and maintain its entire property including the right and power of the licensor to construct, maintain, repair, renew, use, operate, change, rrodify or relocate railroad tracks, signal, cooJTlJnication, fiber optics, or other wlrelines, pipelines and other facilities upon, alo~ or across any or all parts of its proper.ty, all or any of which may be freely done at any time or times by the licensor without liability to the licensee or to any other party for compensation or damages. (b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of I icensees and lessees of the licensor's property, and others) and the right.of th~ licensor to renew and extend the same, and is made without covenant of title or for QUiet .enJoyment. Section 2. COOSTRUCTION, MAINTENANCE AND OPfRATICW. (a) The Pipeline shall be constructed, operated, maintained, repaired, renewed, rrodified and/or reconstructed by the Licensee in strict conformity with Union Pacific Rai I road Co. Common Standard S~ification 1029 adopted November 1949. and all amendments thereof and supplements thereto, which by this reference is hereby made a part hereof, except as may be rrodlfied and approved by the licensor's Assistant Vice President-Engineering Services. In the event such SpecIfication conflicts in any respect with the requirements of any federal, state or municipal law or regUlation, such requirements shall govern on all points of conflict, but in all other respects the SpecIfication shall apply. (b) All work performed on property of the licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done under the supervision and to the satisfaction of the licensor. (c) Prior to the ccmrencement of any work in connection with the construction, maintenance, repair, renewal, rrodification, re ocation, reconstruction or rerroval of the Pipeline where It passes underneath the roadbed and track or.tracks of the licensor, the licensee sha II sutxni t to the li censor plans set t i ng out the method and manner of hand ling the work, including the shoring and cribbing, if any, required to protect the licensor's operations, and shall not proceed with the work until such plans have been approved by the Assistant Vice President-fngineering Services of the licensor and then only under the supervision of the Assistant Vice President-E~ineerin9 Services or his authorized representative. The licensor shall have the right, if It so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal,rrodiflcation, relocation, reconstruction or rerroval of the Pipeline, and, In the event the licensor provides such support, the licensee shall pay to the licensor, within fifteen (15) days after bills shall have been rendered therefor, all expense incurred by the licensor in connection therewith, which expense shall include all assignable costs. (d) The licensee shall keep and rreintain the soi lover the Pipeline thoroughly COOl)acted and the grade even with the adjacent surface of the ground. Section 3. NOTICE OF CCHlENCEMENT OF I<<>RK. If an errergency should arise requiring im'rediate attention, the licensee shall provide as much notice as practicable to licensor before coomencing any work. In all other situations, the licensee shall notify the licensor at least ten (10) days (or such other tirre as the licensor may a II ow) in advance of the coomencement .of any work upon property of the licensor in connection with the construction, maintenance, repair, renewal, rrodification, reconstruction, relocation or rerroval of the Pipel ine. All such work shall be prosecuted di ligently to cOOllletion. Section 4. liCENSEE TO BEAR ENTIRE EXPENSE. The licensee sha II bear the ent ire cost and expense incurred in connect ion with the construction, maintenance, repairand renewal and any and all rrodification, revision, relocation, rerroval or reconstruction of the Pipeline, including any and all expense which rmy be inc~rred by the liCensor in connection therewith for supervision, inspection, flagging, or otherwise. Exhibit B Page I of 4 0405n Pl X/A Section S. RElOCATI~ OR RE~Al C1' PIPELINE. (a) The I icense herein granted is subject to the needs and requirements of the Licensor in the operation of its rai I road and in the i/ll>roverrent and .use of its property, and the licensee sha 1/. at the sole expense of the licensee, /TOve a 1/ or any port ion of the Pipeline to such new location as the licensor rray designate, whenever, In the furtherance of its needs and requirements, the licensor shal I fllld Sl)ch action necessary or ~esirable. (b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. f<<) INTERFERE~E WITH lICENSOR'S ~RAT I~. The Pipeline and all parts thereof within and outside of the limits of the property of the licensor shall be constructed and, at all times, rraintained, repaired, renewed and operated in such rranner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facil ities of the licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would In any rranner i/ll>Clir the safety thereof. . Section 7. PROTECTI~ Of FIBER OPTIC CABLE SYSTEMS. (a) fiber optic cable systems rray be buried on the licensor's property, Protection of the fiber optic cable. systems is of extrerre importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the licensor at 1-800-3~-9193 (a 24-hour nU1ber) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, and rrake arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the licensor's premises. (b) In addition to other indermity provisions in this Agreement, the licensee shall indemnify and hold the Licensor harmless from and a~inst al I costs, liabi lity and expense whatsoever (including, without I imitation, attorney s fees, court costs and expenses) arising out of any act or omission of the licensee, its contractor, agents and/or erTll1oyees, that causes or contributes to (I) any damage to or destruction of any telecommunications system on licensor's property, and (2) any injury to or death of any person errployed by or on behalf of any telecoom.Jnlcatlons C()lllany. and/or its contractor, agents and/or emplovees, on licensor's property. Licensee shall not have or seek recourse against Licensor for any claim or cause of action for all~ed loss of profits or revenue or loss of service or other consequential darrage to a telecoom.JnlCation c~ny using Licensor's property or a custooer or user of services of the fiber optic cable on licensor's property. Section 8. CLAIMS AND LIENS FOR LABOR AND Jl\ATERIAL; TAXES. (a) The licensee shall fully pay for allrreterialsjoined or affixed to and labor perf9nredupon prope~ty of,the Licensor In cl?nnection wi!h t'!e construction, rreinte~nce, repair, renewal, modifICation or reconstructIOn of the Pipeline, and shalf not permit or . suffer any rrechanic's or materialman's f ien of any kind or nature to be enforced against the property for any work done or rraterials furnished thereon at the instance or request or on behalf of the Licensee. The licensee shall indenTlify and hold harmless the licensor against and from any a~ all liensl claims, demands. costs and expenses of whatsoever ~ature in,any way connected With or grOWing out of such work done, labor perforrred, or materials furnished. (b) The Licensee shall prCJll)tly payor discharge all taxes, charges and assessrrents levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the licensor, and so that the taxes, charges and assessrrents levied upon or in respect to such property shall not be increased because of the location, construction or rraintenance of the Pipel ine or any i!1l)roverrent, appl iance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax I charge or assesSlrent may not be separate I y rreele or assessed to the licensee but sha" be i nc I uded in the assessrrent of the property of the Licensor, then the licensee sha II pay to the licensor an equitable proportion of such taxes determined by the value of the licensee's property upon property of the licensor as cOOlJdred with the entire value of such property. _ Section 9. RESTORATI~ Of LICENSOR'S PROPERTY. I n the event the licensor authori zes the li censee to take down any fence of the licensor or in any manner move or disturb any of the other property ?f the Licensor in Exhibit B Pag~2 of . 0658n Pl X 890707 Form Approved, AVP-Law connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in that event the licensee shall, as soon as possible and at licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other pr.operty was rroved or disturbed, and the licensee shall iodOOTlify and hold harmless the licensor, its officers, agents and employees, against and from any and al I liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result frOOl injury to or death of persons whcmsoever, or darrage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises frOOl the taking down of any fence or the rroving or disturbance of any other property of the licensor, See t i on I 0 . I NDEIoW I TY . As used in this Section, "licensor" includes other railroad c~nies using the licensor's property at or near the location of the licensee's installation and their officers, agents, and ~Joyees; "loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result frOOl: (a) injury to or death of persons whcmsoever (including the licensor's officers, agents, and employees, the licensee's officersl agents, and employees, as well as any other person); and (b) damage to or loss or destruction of property whatsoever (including licensee's propertYl damage to the roadbed, tracks, equipment, or other property of the li censor, or property in I ts care or custody). As a major inducement and in consideration of the license and pennission herein granted, the li~ensee agrees to inderrnify and hold harmless the licensor frOOl any loss which IS due to or arises from: I. The prosecution of any work conterrplated by this Agreerrent including the installation, construction, maintenance, repairl renewal, rrodificatlOn, reconstruction, relocation, or removal of the Pipeline or any part thereof; or 2. The presence, operation, or use of the Pipeline or contents escaping therefrom, except to the extent that the loss is caused by the sole and direct negligence of the licensor. Section II. REI'K)VAlOf PIPE liNE UPCW TERMINATI~OF AGREEMENT. Prior to the termination of this Agreement howsoever, the licensee shall, at licensee's sole expense, rerrove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the licensor and shall restore, to the satisfaction of the licensor, such port ions of such property to as good a cond i t i on as they were in at the tirre of the construction of the Pipeline. If the licensee fails to do the foregoing, the licensor may do such work of removal and restoration at the cost and expense of the licensee. The Licensor rray, at its option, upon such termination, at the entire cost and expense of the licensee, remove the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a cond i t i on as it was in at the time of the construction of the Pipelinel or it may permit the Licensee to do such work of removal and restor at i on under the superv I s i on of the licensor. I n the event of the remova I by the Li cerysor of. the property of the l i cerysee and of the r~storat i on of !he roadbed and property as herein prOVided, the lICensor shall In no manner be liable to the Licensee for ariy darrege susta i ned by the Licensee for or on account thereof, and such rerrova I and restorat ion soa II in no rrenner prejudice or ifTllClir any right of action for darreges, or otherwise, that the Licensor mey have against the Licensee. . Section 12. WAIVER Of BREACH. The wa i ver by the Li censor of the breach of any cond i t ion, covenant or agrement herein contained to be kept, observed and perfonred by the Licensee shall in no way i~ir the right of the licensor to ava i I i tsel f of any subsequent breach thereof. Section 13. TERMINATION. (a) If the licensee does not use the right herein granted or the Pipeline for one (I) year, or if the licensee cont i nues in defaul tin the perfonrance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the licensor to the Licensee specifying such default, the Licensor rrey, at its option, forth'olith imrediately terminate this Agre€(OOnt bV written nofice. Exhibit B page 3 of 4 04 5n PL X 890707 form Approved, AVP-Law . (b) In addition to the provisions of subparagraph (a) above, thisAQreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than thirty (}O) days subsequent to the date upon which such notice shall be given. . . . (c) Notice of default and notice of termination may be served personally upon the Licensee or by mailing, to the last known address of the licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shaJ I be absolutely void and, at the option of the licensor, shall terminate this Agreelrent. Section 15. SUCCESSQRSAND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heIrs, executors, administrators, successors and assigns. Exhibit B page 4 of 4 04 5n RESOLUTION NUMBER 92-4469 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF SALINA AND MISSOURI PACIFIC RAILROAD COMPANY FOR A PIPELINE CROSSING IN CONNECTION WITH THE INTERCEPTOR SEWER PROJECT. WHEREAS, MISSOURI PACIFIC RAILROAD COMPANY has tendered to the CITY. OF SALINA, KANSAS a Pipeline Crossing Agreement covering an underground sewage pipeline on its property at M. P. 491. 57 at Salina, Kansas; and WHEREAS, the Board of Commissioners of Salina, Kansas has said proposed agreement before it and has given it careful review and consideration; and WHEREAS, it is considered that the best interest of Salina, Kansas will be subserved by the acceptance of said agreement; SO NOW, THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: . Section I. That the Terms of the Agreement submitted by MISSOURI PACIFIC RAILROAD COMPANY as aforesaid he, and the same are hereby, accepted in behalf of the City of Salina, Kansas. Section 2. That the Mayor o~ said City is hereby authorized, empowered and directed to execute said agreement on behalf of said City and the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this Resolution. Adopted by the Board of Commissioners and signed by the Mayor this 22nd day of June, 1992. ~ c! &1'F- Carol E. Beggs, Mayor (SEAL) ATTEST: ---~ lM-~ v-A-L- ~ \dOJ v- JacqUltline Shiever, CMC City Clerk STATE OF KANSAS ) ) SS COUNTY OF SALINE ) I, Jacqueline Shiever, City Clerk of the City of Salina, Kansas, do hereby certify that Resolution Number 92-4469 was adopted by the Board of Commissioners at its regular meeting on June 22, 1992, and that the above and foregoing is a true and correct copy of the original on file in my office. WITNESS my hand and official seal this 23rd day of June, 1992. ( SEAL) J~\~LS \.;wu...- Jacqueline Shiever, CMC City Clerk