South of Cloud Street Drainage Ditch
,~
\
AGREEMENT granting
right of entry to
City of Salina, Kansas.
LICENSE TO PERFORM WORK ON RAILROAD PROPERTY
: . -th. {\^^ n
THIS AGREEMENT is made. as of the q day of II ~ ,
1987, by and between MISSOURI PACIFIC RAILROAD COMPANY, a Delaware
corporation (hereinafter dilled "Railroad"), and CITY OF SALINA,
KANSAS, a municipal corporation (hereinafter called "Licensee").
~,' II
ii
IT IS AGREED as follows:
i
I
Section 1.
RIGHT GRANTED.
"
(a) . The Railroad hereby grants Licensee the right, during
the term hereinafter stateq and upon and subj ect to each and all
of the terms, provisions and conditions herein contained, to enter
upon and have reasonable ingress to and egress from the Railroad's
right of way near Salina, Saline County, Kansas, for the sole and
exclusive purpose of corre~ting drainage problems in conjunction
with Licensee's proposed!offer to correct problem of standing
water in Railroad's ditches which parallel Robert Street from 1-70
to Cloud Street, between M.P. 497.92 and M.P. 498.26, Trigo
Branch, in the location~ shown on print dated ~ovember 21, 1986,
attached hereto, marked Exl:tibit "A", and by this reference made a
part hereof.
(b) Licensee shall: utilize the Railroad's existing
off-track equipment roadway for access from the nearest public
highway to that portion of ~he Railroad's right of way located on
either side of the Railroad's tracks. Licensee hereby agrees that
in Licensee' suse and occu,pancy of the Railroad's property as
herein' permitted, License~ shall not move any of Licensee's
equipment across theRai lro'ad' s tracks.
(c) This agreement "and the
granted shall be effectiv.e as of
remain in effect to 'and ~ncluding
terminated as herein provid:ed.
'J '/ .' .
" . )' I ,,'. I
license I and permi ssion herein
February 4, 1987, and shall
May 47 1987, unless sooner
- A V/j'nf, 1
(d) The right hereby granted is subject and subordinate to
the Railroad's use of the: Railroad's property for railroad and
incidental 'purposes, and i:s subj ect to any and all encumbrances
and rights (whether public br private), irrespective of whether or
not they are ,recorded, existing at the time of granting said
right, and also to any ana, all extensions and renewals of said
Ii
existing encumbrances andl rights. Licensee shall not damage,
,destroy or interfere with the property or rights of nonparties in,
upon or relati6g to the Ra~lroad's said property, unless Licensee,
- 1 -
l:
at Licensee's own expense, . settles with and obtains release from
such nonparties on mutually:! satisfactory terms.
(e) Said right is branted only insofar as the Railroad
lawfully may grant the same::, and the Railroad makes no covenant or
warranty of title, for quiet possession or against encumbrances.
Said right includes only the Railroad's property identified in
paragraph (a) of this section, and no other property; and
Licensee, by virtue of thisl grant, shall not encroach upon, occupy
or use any other property of the Railroad. Licensee's use of said
property shall be subj ect iito the safety and performance of work
provisions set forth in Sec(tion 2 of this agreement.
II
(f) The Railroad gr~nts to Licensee only the right for the
purpose aforesaid, and no: interest in land or estate. Licensee
shall not use or permit us~ of said property or any part thereof
for any other purpose. No ::nonparty shall be admitted by Licensee
to use or occupy any part. of the Railroad's property for any
purpose except as specifit,ally provided for herein without the
Railroad's written consent:. Nothing herein shall obligate the
Railroad to give such cons~nt, which, if granted, may be subject
to such terms and conditions as the Railroad, in the Railroad's
sole discretion, may deem to be necessary or convenient. If said
property of the Railroad, 6r'any part thereof, shall cease to be
used for the purposes aforesaid or shall be used for purposes
unauthorized herein, then 'I the right hereby granted as to such
property or parts thereof shall cease and terminate.
I,
Section 2.
SAFETY AND PERFORMANCE OF WORK.
(a) All work by or 0n behalf of Licensee on the Railroad's
property shall be performed by Licensee at Licensee's own expense
and without expense to th~ Railroad. All references herein to
work of Licensee shall in~lude such work, whether performed by
Licensee or Licensee's agents, employee~ or contractors.
.) ii_
11!J/
(b) Before commencing any such work, Licensee shall give
the' Railroad reasonable n6tice thereof, which notice shall be
given not less than forty-Ekight (48) hours, exclusive of weekends
and holidays, prior to the., time work is to commence. Rai lroad' s
representative to be contatted prior to entering upon Railroad's
right of way is Mr. G. A. Kreifels, whose title is Roadmaster, at
600 Oak, Counci 1 Grov~, Kansas 66846, telephone number
(316) 767-6112., All of sai9 work shall be performed at reasonable
times and in such manner as no't to endanger, interfere with,
interrupt or delay the R~ilroad's operations, nor damage the
Railroad's property, nor c~use injuries to or death of persons or
damage to or loss or destruction of property of the Railroad.
I
(c)' Licensee shall e~ercise due care to prevent injuries to
or death of persons and damage to or destruction of property for
the safety of whom or of }vhich the Rai lroad may be responsible,
and damage to or destruction of property of the Railroad.
Licensee shall and .does assume all risk of damage to Licensee's
- 2 -
I,
"
own property and injury t~ Licensee's own personnel,
from or incidental to the, prosecution of said work or
presence of Licensee's property and personnel upon or
Railroad's property. '
resulting
from the
abou t the
(d). In performing scr-id
Railroad's property, Licensee
cause or create instability of
cause slides of falling r'ock,
obstruct or interfere with
artificial.
work on or in the vicinity of the
shall exercise special care not to
rock, earth or other material, or
earth or debris, nor to damage,
drainage, whether natural or
(e) The Railroad, ati the expense of Licensee, which expense
Licensee agrees to pay prbmptly upon receipt of bill or bills
therefor, may furnish and :station such flagman or flagmen as in
the Railroad's judgment may be necessary or expedient to protect
the Rai lroad' s property arid operations at the site of all such
work by Licensee near any track of the Railroad. Licensee shall
not perform any work in the vicinity of any track or tracks where
the Railroad has determined a flagman or flagmen should be sta-
tioned, unless such flagman'l or flagmen are present.
Ii
"
compl'etion
Railrbad's
including
(f) Upon the
restore and leave the
tory to the Railroad,
and pits.
of such work, Licensee shall
property in a condition satisfac-
filling and leveling of all holes
i
(g) Licensee shall procure and keep in effect during the
period of $uch work Workman's Compensation Insurance in statutory
limi ts, and Contractor's Public Li abi li ty and Property Damage
Insurance covering Licensee's operations incident to or in
connection with the perform~nce of the work. Such insurance shall
provide for a limit of not less than $500,000 for all damages
ari sing out of bodi ly injury to or death of one person, and
subject to that limit for each person, a total of $1,000,000 for
all damages arising out of: bodily injuries to or death of two or
more persons. in any single occurrence, and a limit of not less
than $500,000 for all d~mages arising out of damage to or
destruction of property i~ any single occurrence ftnd, subject to
that limit per occurrenc~, a total (or aggregate) limit of
$1,000,000 for all damages arising out of damage to, or
destruction of property I, during the annual policy period.
Satisfactory evidence of tpe insurance of such coverage shall be
furnished by Licensee upon the execution and return of this
agreement.
Section 3.
CLAIMS AND LIENS FOR LABOR AND-MATERIAL.
I'
Licensee shall not ~ermit or suffer any mechanic's or
materialman's lien of any ,kind or nature to be enforced against
the Railroad's property f~rany work done or materials furnished
thereon at the instance or 'request or on behalf of Licensee.
- 3 -
Section 4.
COMPLIANct WITH LEGAL REQUIREMENTS.
Licensee, in performihg the work, shall observe and comply
wi th all applicable federaJJ, state and municipal and other laws,
ordinances, rules and regu~ations, and shall apply for and obtain
any and all public authority, permission and licenses necessary
therefor. Licensee shall indemnify and hold harmless the Railroad
from and against any loss, kost, damage and expense, liabilities,
penal ties, ,claims and forf.ei tures resulting from any fai,lure of
Licensee to comply wi th t~e provi sions of thi s section, or to
comply with the requiremen:ts of any public authority, license or
per~ission obtained as afor~said.
Section 5.
ASSUMPTION OF RISK:
INDEMNIFICATION.
Licensee's use and occupancy of the Railroad's right of way
is at Licensee's own risk, and L~censee agrees to and does assume
all risks thereof and incidental thereto, including, without
limi tation, risks, incident to the Railroad's train operations
wi thin the right of way. Licensee acknowledges that Licensee's
use of the Railroad's rfght of way permitted hereunder will
subject the Railroad's p~operty and operations to additional
hazards and liabilitYi and as a material consideration for this
license, Licensee, insofar :as Licensee lawfully may do so, shall
indemnify and hold harml~ss the Railroad and other railroad
companies which use the pr~perty of the Railroad, their officers,
agents and employees, against and from any and all loss, damages,
claims, demands, actions, c~uses of action, costs and expenses of
whatsoever nature which m.:\.y result from injury to or death of
I h
persons whomsoever or from 10ss of or damage to property w atsoev-
'er (including damage to tne roadbed, tracks, equipment or other
property of the Rai lroad and such other rai lroad companies) when
such injury, death, loss or damage is due to or arises in connec-
tion with or as a result oi the use of the Railroad's right of way
II
by Licensee or the agents .or employees of Licensee, or by others
wi th the consent of License"e, or by equipment on the right of way
wi th the consent of Licen~ee, or the breach of any covenant or
obligation assumed by or iiimposed on Licensee pursuant to this
agreement, or for failure o.:f Licensee to promptly and fully do any
act or work for which Licensee is responsible pursuant to this
agreement.
Section 6.
I'
TERMINA~ION ON BREACH AND WAIVER OF BREACH.
It is agreed that the !breach of any covenant, stipulation or
condi tion herein contained: to be kept and performed by Licensee
shall, at the option of th~ Railroad, forthwith work a termination
of this agreement and all ~ights of Licensee hereunder. A waiver
by the Railroad of a breach by Licensee of any covenant or condi-
tion of this agreement shall not impair the right of the Railroad
to avail the Railroad of ari,y subsequent breach thereof.
" .
This agreement may be terminated by written notice given by
either party hereto to the other on any date in such notice stated
- 4 -
. '
. '
'.
not less, however, than thirty (30) days subsequent to the date on
which such notice shall be given.
Section 7.
DEFAULT.
If Licensee shall fail, refuse or neglect to do; keep,
observe and perform each and all of the terms, provisions, condi-
tions and covenants of this agreement, the Railroad, in addition
to any other rights and remedies the Railroad may have, may
perform any work which in the judgment' of the Railroad is neces-
sary to place the Railroad's property in such condition as will
not menace, endanger or interfere with the Railroad's facilities
or operations or jeopardize the Railroad's employees; and Licensee
will reimburse the Railroad for the expense thereof.
Section 8.
SUCCESSORS AND ASSIGNS.
This agreement shall be binding upon and inure to the benefit
of the parties hereto, their successors and assigns, but Licensee
shall not assign this agreement or any right hereunder without the
written consent of the Railroad.
IN WITNESS WHEREOF,
agreement to be executed,
first herein written.
the parties hereto have caused this
in duplicate, as of the day and year
MISSOURI PACIFIC RAILROAD COMPANY
BY~r~~-
Attest:
~
City Clerk
CITY OF SALINA, KANSAS
BY.~~
a$"1 Mayor
(Seal)
88830
JAM/NMC/0204G
- 5 -
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;
eIn OF SALINA
REQUEST FOR COMMISSION ACTION
DATE
2 3
ORIGINATING DEPARTMENT:
City Clerk
TIME
4:00 P.M.
APPROVED FOR
AGENDAw
BY:
AGENDA SECTION:
NO. 6
Consent
ITEM
NO. 4
BY: D. L. Harrison
Resolution Number 87-3880 - an agreement with Missouri Pacific Railroad
Company for right of entry onto railroad right-of-way for the purpose of
correcting drainage problem South of Cloud Street in the NW! Section 26,
Township 14 South, Range 3 West of the 6th Principal Meridian.
********
Citizens on Roberts Avenue have. been concerned for a number of years about the
water standing in the Missouri Pacific/Union Pacific Railroad ditches which
parallel Roberts Avenue from Cloyd to 1-135.
In October 1985, representatives ,of the City and the then Missouri Pacific
Railroad met to arrive at a solution to the drainage problem. The project lay
dormant while the Missouri Pacific/Union Pacific Railroad reorganized.
The project calls for regrading the flow lines of the ditches and installing
ditch drains. The ditches will be regraded so that the water will flow south
into the ditch drains which will empty into the City storm sewer and then into
Dry Creek.
This agreement enables City crews to gain access to the railroad right-of-way
to correct the Roberts Avenue drainage problem.
COMMISSION ACTION
MOTION BY
SECOND BY
TO:
il
RES0LUTION NUMBER 87-3880.
il
WHEREAS, MISSOURI PACIFIC RAILROAD COMPANY has tendered to
the CITY OF SALINA, SALINE: COUNTY, KANSAS, an agreement covering license
to perform work on railroad!i property; such agreement being identified in the
records of the Railroad Compa:ny as its file 7-1-29; and
\1
WHEREAS, the Boarld of Commissioners of said City has said proposed
agreement before it and has gliven it careful review and consideration; and
WHEREAS, it is corisidered that the best interets of said City 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:
That the terms of tre agreement submitted by Missouri Pacific Railroad
Company as aforesaid be, anp the same are hereby accepted in behalf of said
City;
That the Mayor of!i said City is hereby authorized, empowered, and
directed to execute said agr~ement on behalf of said City, and that 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
23rd day of February, 1987. .,
-&- ,\ (} IdJ
.~.~
~tephen C. Ryan, Acting
Mayor
[ 5 EA L ]
ATTEST:
~1/\ '
C/~-{;t-...(..,t.-,...,_.
D. L. Harrison, City Clerk
AGREEMENT granting
right of entry to
City of Salina, Kansas.
LICENSE TO PERFORM WORK ON RAILROAD PROPERTY
THIS AGREEMENT is made i! as of the day of ,
1987, by and between MISSOU~I PACIFIC RAILROAD COMPANY, a Delaware
corporation (hereinafter ca:lled "Railroad"), and CITY OF SALINA,
KANSAS, a municipal corporcition (hereinafter called "Licensee").
IT IS AGREED as follows:
Section 1.
RIGHT GRANTED.
(a) The Railroad hereby grants Licensee the right, during
the term hereinafter stated:: and upon and subj ect to each and all
of the terms, provisions and conditions herein contained, to enter
upon and have reasonable ingress to and egress from the Railroad's
right of way near Salina, Saline County, Kansas, for the sole and
exclusive purpose of correcting drainage problems in conjunction
wi th Licensee's proposed offer to correct problem of standing
water in Railroad's ditches ::which parallel Robert Street from 1-70
to Cloud Street, between: M.P. 497.92 and M.P. 498.26, Trigo
Branch, in the locations shown on print dated November 21, 1986,
"
attached hereto, marked Exh~bit "A", and by this reference made a
part hereof. ..
(b) Licensee shall I utilize the Railroad's existing
off-track equipment roadway for access from the nearest public
highway to that portion of the Railroad's right of way located on
either side of the Railroad:s tracks. Licensee hereby agrees that
in Licensee's use and occ~pancy of the Railroad's property as
herein permitted, Licensee shall not move any of Licensee's
equipment across the Railro~d's tracks.
( c ) Thi s agreement and the
granted shall be effecti vr:d as of
remain in effect to and ihcluding
terminated as herein provided.
license and permission herein
February 4, 1987, and shall
May 4, 1987, unless sooner
I
(d) The. right hereby:: granted is subj ect and subordinate to
the Railroad's use of the ::Railroad' s property for railroad and
incidental purposes, and is subject to any and all encumbrances
and rights (whether public or private), irrespective of whether or
not they are recorded, exasting at the time of granting said
right, and also to any and all extensions and renewals of said
existing encumbrances and i; rights. Licensee shall not damage,
destroy or interfere with the property or rights of nonparties in,
upon or relating to the RaiJ:road's said property, unless Licensee,
- 1 -
at Licensee's own. expense, ,settles with and obtains release from
such nonparties on mutually satisfactory terms.
(e) Said right is granted only insofar as the Rai lroad
lawfully may grant the same,:: and the Railroad makes no covenant or
warranty of title, for qui~'t possession or against encumbrances.
Said right includes . only t,he Railroad's property identified in
paragraph (a) of this section, and no other property; and
Licensee, by virtue of this i[grant, shall not encroach upon, occupy
or use any other property of the Railroad. Licensee's use of said
property shall be subject ~o the safety and performance of work
provisions set forth in Section 2 of this agreement.
,I
i:
(f) The Railroad grants to Licensee only the right for the
purpose aforesaid, and no 'a.nterest in land or estate. Licensee
shall not use or permit us~ of said property or any part thereof
for any other purpose. No honparty shall be admitted by Licensee
to use or occupy any part! of the Railroad's property for any
purpose except as specificklly provided for herein without the
Railroad's written consent.1 Nothing herein shall obligate the
Railroad to give such consent, which, if granted, may be subject
to such terms and conditioris as the Railroad, in the Railroad's
sole discretion, may deem t~. be necessary or convenient. If said
property of the Railroad, o~ any part thereof, shall cease to be
used for the purposes afo~esaid or shall be used for purposes
unauthorized herein, then the right hereby granted as to such
property or parts thereof s~all cease and terminate.
Section 2.
SAFETY AND PERFORMANCE OF WORK.
,
(a) All work by or o~ behalf of Licensee on the Railroad's
property shall be performed lby Licensee at Licensee's own expense
and without expense to th~ Railroad. All references herein to
work of Licensee shall include such work, whether performed by
Licensee or Licensee's agents, employees or contractors.
(b) Before commencing any such work, Licensee shall give
the Rai lroad reasonable notice thereof, which notice shall be
given not less than forty-e~ght (48) hours, exclusive of weekends
and holidays, prior to the:time work is to commence. Railroad's
representative to be contadted prior to entering upon Railroad's
right of way is Mr. G. A. K~eifels, whose title is Roadmaster, at
600 Oak, Council Grove) Kansas 66846, telephone number
(316) 767-6112. All of saidj work shall be performed at reasonable
times and in such manner as not to endanger, interfere with,
interrupt or delay the Railroad's operations, nor damage the
Railroad's property, nor cause injuries to or death of persons or
"
damage to or loss or destruction of property of the Railroad.
"
(c) Licensee shall e~ercise due care to prevent injuries to
or death of persons and damage to or destruction of property for
the safety of whom or of which the Railroad may be responsible,
and damage to or destruction of property of the Railroad.
Licensee shall and does assume all risk of damage to Licensee's
- 2 -
own property and injury to Licensee's own personnel, resulting
from or incidental to the prosecution of said work or from the
presence of Licensee' s pro~erty and personnel upon or about the
Railroad's property.
(d) In performing said work on or in the vicinity of the
Railroad's property, Licensee shall exercise special care not to
cause or create instabilityl of rock, earth or other material, or
cause slides of falling rqck, earth or debris, nor to damage,
obstruct or interfere with drainage, whether natural or
artificial.
(e) The Railroad, at ;the expense of Licensee, which expense
Licensee agrees to pay pr~mptly upon receipt of bill or bills
therefor, may furnish and station such flagman or flagmen as in
the Railroad's judgment maY!1 be necessary or expedient to protect
the Rai lroad' s property ana operations at the site of all such
work by Licensee near any -d!rack of the Railroad. Licensee shall
not perform any work in the! vicinity of any track or tracks where
the Railroad has determined!! a flagman or flagmen should be sta-
tioned, unless such flagman lior flagmen are present.
(f) Upon the completion of such work, Licensee shall
restore and leave the Railrclad's property in a condition satisfac-
tory to the Railroad, inclu~ing filling and leveling of all holes
and pits.
(g) Licensee shall procure and keep in effect during the
period of such work Workman!i's Compensation Insurance in statutory
limits, and Contractor's EublicLiability and Property Damage
Insurance coveringLicens~e's operations incident to or in
II
connection with the performance of the work. Such insurance shall
provide for a limi t of not less than $500,000 for all damages
arising out of bodily inj*ry to or death of one person, and
subject to that limit for each person, a total of $1,000,000 for
all damages arising out of ::bodily- injuries to or death of two or
more persons in any single!: occurrence, and a -limit of not less
than $500,000 for all da~ages aris~ng out of damage to or
destruction of property in~any single occurrence and, subject to
that limit per occurrence~ a total (or aggregate) limit of
$1,000,000 for all damages arising out of damage to, or
destruction of property Iduring the annual policy period.
Satisfactory evidence of the insurance of such coverage shall be
furnished by Licensee upo~ the execution and return of this
agreement. i
ii
I
Section 3. CLAIMS AND LIENS FOR LABOR AND MATERIAL.
i!
:i .
Licensee shall not perm1t or suffer any mechanic's or
materialman's lien of any ~ind or nature to be enforced against
the Railroad's property for any work done or materials furnished
thereon at the instance or request or on behalf of Licensee.
- 3 -
Section 4.
COMPLIANCE WITH LEGAL REQUIREMENTS.
Licensee, in performing the work, shall observe and comply
with all applicable federal; state and municipal and other laws,
ordinances, rules and regulations, and shall apply for and obtain
any and all public authori t:Y, permission and licenses necessary
therefor. Licensee shall iridemnify and hold harmless the Railroad
from and against any loss, cost, damage and expense, liabilities,
penal ties, claims and forfEH tures resulting from any failure of
Licensee to comply wi th t~e provisions of this section, or to
comply with the requirements of any public authority, license or
permission obtained as aforesaid.
Section 5.
ASSUMPTIO~ OF RISK: INDEMNIFICATION.
Licensee's use and occ,upancy of the Rai lroad' s right of way
is at Licensee's own risk, ~nd Licensee agrees to and does assume
all risks thereof and indidental thereto, including, without
limi tation, risks, incident: to the Railroad's train operations
wi thin the right of way. ~icensee acknowledges that Licensee's
use of the Railroad's right of way permitted hereunder will
subject the Railroad's pr0perty and operations to additional
hazards andliabili tYi and:i as a material consideration for this
license, Licensee, insofar .s Licensee lawfully may do so, shall
indemnify and hold harmle~s the Railroad and other railroad
companies which use the property of the Railroad, their officers,
agents and employees, again9t and from any and all loss, damages,
claims, demands, actions, causes of action, costs and expenses of
whatsoever nature which may result from injury to or death of
persons whomsoever or from lOss of or damage to property whatsoev-
er (including damage to the roadbed, tracks, equipment or other
property of the Rai lroad ancii such other rai lroad companies) when
such injury, death, loss or:i. damage is due to or arises in connec-
tion with or as a result of i,the use of the Railroad's right of way
by Licensee or the agents dr employees of Licensee, or by others
wi th the consent of Licensee'l, or by equipment on the right of way
wi th the consent of Licensee, or the breach of any covenant or
obligation assumed by or imposed on Licensee pursuant to this
agreement, or for failure of' Licensee to promptly and fully do any
act or work for which LiceJ:'lsee is responsible pursuant to this
agreement.
Section 6.
TERMINATION ON BREACH AND WAIVER OF BREACH.
i
It is agreed that the ~reach of any covenant, stipulation or
condi tion herein contained iito be kept and performed by Licensee
shall, at the option of the :Railroad, forthwith work a termination
of this agreement and all r~ghts of Licensee hereunder. A waiver
by the Railroad of a breach by Licensee of any covenant or condi-
tion of this agreement shal~ not impair the right of the Railroad
to avail the Railroad of anyi subsequent breach thereof.
This agreement may be;terminated by written notice given by
either party hereto to the o~her on any date in such notice stated
- 4 -
not less, however, than thirty (30) days subsequent to the date on
which such notice shall be given.
Section 7.
DEFAULT.
If Licensee shall fail, refuse or neglect to do, keep,
observe and perform each and all of the terms, provisions, condi-
tions and covenants of this agreement, the Railroad, in addition
to any other rights and remedies the Railroad may have, may
perform any work which in the judgment of the Railroad is neces-
sary to place the Rai lroad' s property in such condition as wi 11
not menace, endanger or interfere with the Railroad's facilities
or operations or jeopardize! the Railroad's employees; and Licensee
will reimburse the Railroad!! for the expense thereof.
Section 8.
SUCCESSORS AND ASSIGNS.
This agreement shall b~ binding upon and inure to the benefit
of the parties hereto, theit successors and assigns, but Licensee
shall not assign this agreement or any right hereunder without the
written consent of the Railroad.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to ,be executed,.in duplicate, as of the day and year
first herein written.
MISSOURI PACIFIC RAILROAD COMPANY
By
General Manager
Attest:
&k "
/f
. -(f:/I.4.ey--
City Clerk
CITY OF SALINA, KANSAS
BY.~~
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(Seal)
JAM/NMC/0204G.
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UNION PACIFIC RAILROAD COMPANY
A. L. SHOENER
GENERAL MANAGER
R. B. KING
ASST. GENERAL MANAGER
D. K. BARNES
REGIONAL SUPT. TRANSPORTATION
It
CENTRAL REGION - OPERATING DEPARTMENT
2801 ROCKCREEK PARKWAY
NORTH KANSAS CITY, MISSOURI 64117
TEL. AREA CODE 816 245-2800
March 19, 1987
." -..' ._-..
o. no ~~' --i-- 1
J. N. VARGASON
REGIONAL MECHANICAL SUPT.
J. M. DUNN
REGIONAL ENGINEER
R. E. ARMATAGE
DIRECTOR-ADMINISTRATION
Drainage: Waterways: KS-Salina
Right of Entry
City of Salina,Kansas
FrankR. Weinhold,
Director of General Services
City of Salina, Kansas
P.O. Box 736
Salina, Kansas 67402-0736
Dear Mr. Weinhold:
Herewith your original of agreement dated
1987, covering right of entry to perform work on
property at Salina, Kansas, for your records.
Yours truly,
A. L.Shoener,
General Manager
JAM/KJJ/0319HH
Attachment
~ h ,A",~ It j ~ - /"0
/V/il t..c4'i _ 'Y I (. - -z-z J - ~
,<.,
March 9,
Railroad
( .
"
UNION PACIFIC RAilROAD COMPANY
A. L. SHOENER
GENERAL MANAGER
R. B. KING
ASST. GENERAL MANAGER
D. K. BARNES
REGIONAL SUPT. TRANSPORTATION
-
J. N. VARGASON
REGIONAL MECHANICAL SUPT.
J. M. DUNN
REGIONAL ENGINEER
R. E. ARMATAGE
DIRECTOR-ADMINISTRATION
CENTRAL REGION - OPERATING DEPARTMENT
2801 ROCKCREEK PARKWAY
NORTH KANSAS CITY, MISSOURI 64117
TEL. AREA CODE 816 245-2800
May 11, 1987
Drainage: Waterways:
Right of Entry
KS - Salina
Kansas, Salina, City of
Mr. Frank R. Weinhold
Director of General Services
City of Salina, Kansas
412 East Ash, P. O. Box 736
Salina, Kansas 67402~0736
Dear Mr. Weinhold:
Reference is made to that certain written License
to Perform Work on Railroad Property Agreement dated March 9,
1987 our No. 88830, hereinafter called "Basic Agreement",
granting City of Salina, Kansas Right of Entry to Missouri
Pacific Railroad property to correct drainage problems
in conjunction which standing water in Railroad IS ditches
which parallel Robert Street from 1-70 to Cloud Street
at Salina, Kansas.
The term of the Basic Agreement will expire close
of May 4, 1987.
We have been informed that you desire to extend the
term of Basic Agreement until August 4, 1987, arid desire
Basic Agreement be amended accordingly, to which Missouri
Pacific Railroad Company is agreeable. Now, therefore,
effective May 5, 1987, Section 1 (c) of Basic Agreement
shall be changed to read as follows:
"This agreement and license and permission herein
granted shall be effective as of February 4, 1987, and
shall remain in effect to and including August 4, 1987,
unless sooner terminated as herein provided."
','
.<;
-2-
l
This lette~is handed you ,in duplicat~. Please indicate
'your acceptanc~, by: signing in the ~pace provided and
returning the duplic~te'hereof to the undersjgned, following
which this l~tter ~hall become a supple~entto Basic
Agreement, amending - some solely to the, extent herein
provided. Basic" Agreement,' a,s hereby supplemented' and
amended, shall remain in force and effect. Pl1rsuant to the
,terms an'd cO?ditions )r'ovided ,thereih. . '
Pleaseal~o 'forward Proof of 'Insurance co~erag~ as
per Section. 2 (~),)of. B~~ic Agreemerit~
.';,.
,
ACCEPTED AND AGREED:
'O:AM/ika
,[~~
, A. L. Shoener
General Manager
UNION PACIFIC RAILROAD COMPANY
A. L. SHOENER
GENERAL MANAGER
R. B. KING
ASST. GENERAL MANAGER
D. K. BARNES
REGIONAL SUPT. TRANSPORTATION
11
J. N. VARGASON
REGIONAL MECHANICAL SUPT.
J. M. DUNN
REGIONAL ENGINEER
R. E. ARMATAGE
DIRECTOR-ADMINISTRATION
CENTRAL REGION - OPERATING DEPARTMENT
2801 ROCKCREEK PARKWAY
NORTH KANSAS CITY, MISSOURI 64117
TEL. AREA CODE 816 245-2800
August 6, 1987
Drainage & Waterways: KS-Salina
Salina, City of: Right of Entry
(Robert st.: 1-70 to Cloud st.)
Mr. Frank R. Weinhold
Director of General Services
City of Salina, Kansas
P.O. Box 736
Salina,Kansas 67402-0736
Dear Mr. Weinhold:
Reference is made to that certain written agreement of
License to Perform Work on Railroad Property dated March 9, 1987,
our No. 88830, hereinafter called "Basic Agreement", granting City
of Salina, Kansas ,permission to enter and be upon Missouri
Pacific Railroad Company' sproperty to correct drainage .problems
in conjunction with the City's offer to correct problem of stand-
ing water in Railroad's ditches which parallel Robert Street from
1-70 to Cloud Street, between M.P. 497.92 and M.P. 498.26, Trigo
Branch, at Salina, Kansas.
Term of Basic Agreement expired close of August 4, 1987,
pursuant to Letter Supplement tb Basic Agreement dated May 11,
1987.
. We have been informed that you desire to extend the term
of Basic Agreement to and including september 4, 1987, and desire
Basic Agreement be amended accordingly, to which Missouri Pacific
Railroad Company is agreeable. Now, therefore, effective August
5, 1987, Section 1 (c) of Basic Agreement shall be changed to read
as follows:
"This agreement and the license and permission herein
granted shall be effecti v~ as of February 4.1 1987, and shall
remain in effect to and including September 4, 1987, unless sooner
terminated as herein provided. II
This letter is handed you in duplicate. Please indicate
your acceptance.by signing in the space provided and returning the
. duplicate hereof to the undersigned, following which this letter
shall become a supplement to Basic Agreement, amending same solely
to the extent. herein provided. Basic Agreement, as hereby
supplemented and amended, shall remain in force and effect
pursuant to the terms and conditions provided therein.
Yours-truly,
(l~~
A. L. Shoener
General Manager
JSWjNMCj0806C
ACCEPTED AND AGREED ON BEHALF OF:
CITY OF SALINA, KANSAS
By
Titl
;/'
<:t~ ,g~
- 2 ..
.. .
CITY 'OF' SALINA.
"
DIRECTOR OF GENERAL SERVICES.
FRANK R. WEINHOLD
AREA CODE 913 823-6621'
Mr. A. L. Shoener
Union Pacific.Railroad Company
2801 Rock Creek Parkway
North Kansas City, Missouri .64117
Attn: Mr. Jerry S. Wilmouth
Subject: Drainage; Water: Ks-Salina
Right of Entry' ,
City. of Salina, Kansas
Gentlemen: .
:,,'
4. ,i,;
412 EAST ASH
PO BOX 736
SALI NA, KANSAS 67402-0736
August 10, 1987
Enclosed is the accepted extension agreement to. work on Roberts
along the Railroadsright~of-way. '
. The City wishes to . thank you for yourpatie-nc~..
FRW/da
Encl: Entension agreement.
Sincerely,
ffil
/~l/l ~l!u
Frank.R-':/ . nhold
/// I
/
MEMBER. . . KANSAS LEAGUE 0 MUNICIPALITIES -NATIONAL LEAGUE OF CITIES
I
ii
""I- )1
II
CITY OF SALINA
Ii
II
"
(!
fi"''''....-.,..,-:.'''f'.. '
DIRECTOR OF GENERAL SERVICES
FRANK R. WEINHOLD
AREA CODE 913 823-6621
412 EAST ASH
PO. BOX 736
SALINA KANSAS 67402-0736
August 20, 1987
Mr. A. L. Shoener
Union Pacific Railroad Company
2801 Rock Creek Parkway
North Kansas City, Missouri 64117
Attn: Mr. Jerry S. Wilmouth
Subject:
Drainage; Waterway: Ks-SAlina
l'
Right of Entry
City of Salina, Kansas
Extension Request
Gentlemen:
I
Ji
I apologize for not mailing the' extension agreement and the insurance
certificate to you sooner. .r did n~t look at the secon~ page of the agree-
ment.
Enclosed are the insurance certificate and the May 11th extension-agree-
11
ment; .
Sincerely,
I
F~/~ :
Encl: Insurance certificate and ext~nsion agreement.
MEMBER. . . KANSAS LEAGUE Off MUNICIPALITIES - NATIONAL LEAGUE OF CITIES
ii
Ii
jj
PRODUCER
ISSUE DATE (MM/DDIYY)
7~20-87
~!
Wenger-York Insurors, Inc.
P. O. Box 2508
Salina, KS 67402
-,.,.,}:' . '
Tl-flS;CERJ'IFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO R'iGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
INSURED
COMPANY .A
LETTER Maryland
, COMPANY --B
LETTER
city of Salina
Salina, KS 67401
COMPANY 'C
LETTER
COMPANY D
LETTER
~
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW H~VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES. II
POLICY NUMBER II
TYPE OF INSURANCE
POLICY EFFECTIVE
DATE (MMlDDIYY)
POLICY EXPlRA TlDN
DATE (MMlDDIYY)
ALL LIMITS IN THOUSANDS
CO
LTR
ii A
';.:>",
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
X CLAIMS MADE D OCCURRENCE
OWNER'S & ~ONTRACTORS PROTECTIVE
EC,
I!
68966719
it
i!
2-1-87
2-1-88
GENERAL AGGREGATE
PRODUCTS-COM PlOPS AGGREGATE
PERSONAL & ADVERTISING INJURY
EACH OCCURRENCE
FIRE DAMAGE (ANY ONE FIRE)
MEDICAL EXPENSE (ANY ONE PERSON)
$500
$
$
$500
$
$
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
CSL
$
il
ii
, Ii
BODILY
INJURY
(PER PERSON) $
BODILY
INJURY
(PER $
ACCIDENn
PROPERTY
, DAMAGE
EACH
OCCURRENCE
EXCESS LIABILITY
$
OTHER THAN UMBRELLA FORM
5T A TUTORY
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
$
$
$
(DISEASE-POLICY L1MJn
(DISEASE-EACH EMPLOYEE)
Pacific Railroad
Kansas City, MO
\.
7/20/87
PRODUCER
Salina Ins. Agency, Inc.
PO Box "46
Salina, Kansas 67401'
~
nilsc~RfIFICATE IS ISSUED AS.A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE.
City of Salina
300 WAsh
Salina, Kansas 67401
COMPANY A
LETTER
COMPANY B
LETTER
COMPANY C
LETTER
COMPANY D
LETTER
Firemans Fund Ins. Co. American Ins. Co.
INSURED
COMPANY E
LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURA.NCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
LTR DATE (MMJOOIYY) OATE (MMJOOIYY) EACH
OCCURRENCE
GENERAL LIABILITY BODILY
COMPREHENSIVE FORM INJURY $ $
PREMISEs/OPERATIONS PROPERTY
UNOERGROUNO DAMAGE $ $
EXPLOSION & COLLAPSE HAZARD
PRODUCTS/COMPLETED OPERATIQNS
CONTRACTUAL BI & PO $.
COMBINED
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY PERSONAL INJURY
AUTOMOBILE LIABILITY BOOIL Y
ANY AUTO INJURY $
'. (PER PERSllN1
ALL OWNED AUTOS (PRIV. PASS.) BOOIL Y
ALL OWNED AUTOS (OTHER THAN) INJURY $
PRIV. PASS. (PER Al:CIOENI)
HIRED AUTOS PROPERTY
NON-QWNED AUTOS DAMAGE $
. GARAGE LIABILITY
BI & PO
COMBINED $
EXCESS LIABILITY
UMBRELLA FORM BI & PO $
COMBINED
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
A AND 2 74 WC 80224208 1/1/87 1/1/88 (EACH ACCIDENn
EMPLOYERS' LIABILITY (DlSEASE.POLlCY L1Mm
(DISEASE.EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlSPECIAL ITEMS
Workers Job. IF 88830
Union Pacific Railroad
North K.C. MO.
Job. 88830
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABIUTY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
~U)ZED REPRES ~T~. .
~~- ~
"" -