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