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Audit # 108855 Fourth Street Cloud to Prescott Utility Crossing AgreementSUPPAGR.DOC 400101 Form Approved, AVP Law C SUPPLEMENTAL AGREEMENT Audit No. 108855 Folder No.: 060-15 THIS SUPPLEMENTAL AGREEMENT is made as of the i day of l/d"v4Ewe 19 ,. by and between UNION PACIFIC RAILROAD COMPANY, a Utah corporation, (hereinafter the Licensor) and CITY OF SALINA, a muncipality with a mailing address at 300 West Ash, Salina, Kansas (hereinafter the Licensee). RECITALS: By instrument dated August 22, 1966, the parties hereto or their predecessors in interest (if any), entered into an agreement (herein the "Basic Agreement") identified as Department Number CD -42989, Audit No. 108855, covering an underground 16 inch water and sewer pipeline encroachment located at or near Salina, Kansas. The parties now desire to modify the Basic Agreement by extending the agreement indefinitely. AGREEMENT: NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: SECTION 1 - INDEFINITE RENEWAL OF BASIC AGREEMENT Effective March 11, 1986, the Basic Agreement is hereby indefinitely renewed and shall continue in full force and effect until terminated as provided in the Basic Agreement. SECTION 2 - ANNUAL RENTAL a). For the term hereinafter stated, the Licensee shall pay to the Licensor a fee of SEVEN HUNDRED DOLLARS ($700.00) annually in advance to the Licensor, unless a change in such fee is made as hereinafter provided. b. Effective on the first anniversary of this agreement and on the anniversary date of each subsequent one-year period, the license fee will be increased at a rate of three percent ( 3%) per annum. Such changes in the license fee will be made by means of automatic adjustment in billing. c). Effective on or after the fifth anniversary of this Agreement and on or after the anniversary date of each subsequent five-year period, the Licensor may reevaluate the base upon which the above license fee is computed. Such changes in the license fee will be made by means of automatic adjustment in billing. Such adjustments may be made only once during each such five-year period and shall not be applied retroactively. Articles of Agreement Page 1 of 2 SUPPAGR.DOC 900101 Audit No. 108855 Form Approved, AVP Law Folder No.: 060-15 SECTION 3 - PROTECTION OF FIBER OPTIC CABLE SYSTEMS A. Fiber optic cable systems may be buried on the Licensor Is 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 revenues and profits. Licensee shall telephone the Licensor at 1-800- 336-9193 (a 24-hour number) 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 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 indemnity provisions of this Agreement, the Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability, and expense whatsoever (including, without limitation, attorney's fees, and court costs and expenses) arising out of any act or omission of the Licensee, its contractor, agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Licensor's property, and (2) any injury to or death of any person employed by or on behalf of any telecommmications company, and/or its contractor, agents or employees, 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 telecommunication company using Licensor's property or a customer or user of services of the fiber optic cable on Licensor's property. SECTION 4 - TERMINATION This Agreement 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 (30) days subsequent to the date upon which such notice shall be given. SECTION 5 - EFFECTIVE DATE This Supplemental Agreement shall be effective as of March 11, 1986. SECTION 6 - AGREEMENT SUPPLEMENTAL This agreement is supplemental to the Basic Agreement, as herein amended, and nothing herein contained shall be construed as amending or modifying the same except as herein specifically provided. IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed as of the day and year first hereinabove written. MIION PACIFIC RAILROAD COMPANY ------------ By • )DIRECTOR - CONTRACTS Witness: CITY OF SALINA X —4 x �. V., T'tle: -Y�&Y� Articles of Agreement Page 2 of 2 R.D. UHRICH ASSISTANT VICE PRESIDENT ROOM 1100, 1416 DODGE STREET OMAHA, NEBRASKA 68179 (402) 271-3753 FAX(402)271-5493 City of Salina 300 West Ash Salina, Kansas 67401 Dear Gentlemen: UNION PACIFIC RAILROAD COMPANY CONTRACTS & REAL ESTATE DEPARTMENT October 26, 1994 Folder: 060-15 J. A. ANTHONY DIRECTOR -CONTRACTS & JOINT FACILITIES D. D. BROWN DIRECTOR -REAL ESTATE J. L. HAWKINS DIRECTOR -OPERATIONS SUPPORT D. H. LIGHTWINE DIRECTOR -REAL ESTATE W. R. ULRICH DIRECTOR -BUILDING SERVICES In 1987 our of f ice mailed to you, by certif ied mail, duplicate original of a supplemental agreement that had previously been mailed to you in January 1986. That offer is null and void and I have attached duplicate originals of a new Supplemental License Agreement covering an indefinite renewal in the Basic Agreement, for an underground sewer and water pipeline encroachment at or near Salina, Kansas. This agreement will not cancel any past due bills, if any. In the spaces marked by an "x", please execute or arrange for execution of the attached document and have the signatures witnessed or attested, as indicated. Please RETURN ALL COPIES of the document for execution on behalf of the Railroad Company. Your copy of the fully executed document will be returned to you, if approved by the Railroad Company. Also, please provide a resolution or other authorization for the party executing the documents. Past due rent of $6,300.00 is due and payable upon your execution of the agreement. Please include your check with the return of the documents. This agreement will not be accepted by the Railroad Company until the initial payment is received. If you require formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Services' new policy regarding their Form 1099, 1 certify that 13-6400825 is the Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad Company is doing business as a corporation. If you have any questions, please contact me at telephone number (402) 271-2346. Sincerely yours, ON E. DEVISH CON CT REPRESENTATIVE DOCEX.LTR R. D. UHRICH ASSISTANT VICE PRESIDENT ROOM 1100, 1416 DODGE STREET OMAHA, NEBRASKA 68179-1100 (402)271-3753 FAX(402)271-5493 Mr. David Janssen p. Wilson & Cc_.mpany 1700Ea§f Iron Avenue �rSa ina, KS 67401 Dear David: UNION PACIFIC RAILROAD COMPANY CONTRACTS & REAL ESTATE DEPARTMENT UNION PACIFIC February 22, 1996 Folder No. 60-15 J. A. ANTHONY DIRECTOR -CONTRACTS & JOINT FACILITIES D. D. BROWN DIRECTOR -REAL ESTATE J. L. HAWKINS DIRECTOR -OPERATIONS SUPPORT D. H. LIGHTWINE DIRECTOR -REAL ESTATE W. R. ULRICH DIRECTOR -BUILDING SERVICES r1 8 26 1996 WCEA SA►LINA, KANSAS Attached is your original copy of a Supplemental Agreement, fully executed on behalf of the Railroad Company. The Railroad Company has authorized the installation of fiber optic cable facilities on its property in certain areas. Prior to using the Railroad Company's property covered herein, you should thoroughly review the terms and conditions of this document and contact the Railroad Company at 1-800-336-9193 to determine if a fiber optic cable is buried on the subject property. Sincerely Yours, on Devish Contract Representative (402)271-2346 distsupp.ltr SUPPAGR.DOC 900101 Form Approved, AVP -Law SUPPLEMENTAL AGREEMENT Audit No. 108855 Folder No. 060-15 THIS SUPPLEMENTAL AGREEMENT is made as of the "`qday of 944ra4*1 , 199 41 by and between UNION PACIFIC RAILROAD COMPANY, a Utah corporation, (hereinafter the Licensor) and CITY OF SALINA, a municipality with a mailing address at 300 West Ash, Salina, Kansas 67401 ( hereinafter the Licensee). RECITALS: By instrument dated August 22, 1966, the parties hereto or their predecessors in interest (if any), entered into an agreement (herein the "basic Agreement") identified as Department Number CD -42989, Audit No. 108855, covering 16 inch water pipeline encroachment located at or near Salina, Kansas. The parties now desire to modify the Basic Agreement by the following. AGREEMENT: NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: SECTION 1 - ADDITION OF PRINT The print dated February 6, 1996, attached hereto as Exhibit A, shall be and hereby is added to the print dated November 2, 1973, attached to the pipeline encroachment 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 include the Pipeline as shown on Exhibit A, hereto attached. SECTION 2 - ADMINISTRATIVE HANDLING CHARGE Upon execution and delivery of this Supplemental Agreement, the Licensee shall pay to the Licensor an administrative handling charge of ONE THOUSAND DOLLARS ($1,000.00). SECTION -EFFECTIVE DATE This Supplemental Agreement shall be effective as of February 6, 1996. SECTION 4 - AGREEMENT SUPPLEMENTAL This agreement is supplemental to the Basic Agreement, as herein amended, and nothing herein contained shall be construed as amending or modifying the same except as herein specifically provided. Articles of Agreement February 7, 1996 Page 1 of 2 SUPPAGR.DOC 900101 Form Approved, AVP -Law Audit No. 108855 Folder No. 060-15 IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed as of the day and year first hereinabove written. UNION PACIFIC RAILROAD COMPANY By: WW * '^ COVIACT REPRESENTATIVE `NTNESS: CITY OF SALIN ` X Title: Director of Engin bring & Utilities Articles of Agreement February 7, 1996 Page 2 of 2 Edge, of rL ,-NEW OVERHEAD INSTALL ONE JOINT OF PRIMARY, BY KPLAL 12" DIP W. OF VALVE. CAP AND BLOCK FOR -ELECTRIC SERVICE ENTRANCE,SEE FUTURE CONNECTION SHEET NO.8 BY OTHERS. 1245 12"W A +Ll 12"W 102 ui — — — — — — — — — — — — APPROX. L CATION _O m NEW U ^NDJ I ELECTRIC CONDUIT— NEW KPLT ANSF, CONDUCTORS BY9 KPL. POLE TOP OF SLAB EL. 1246 .50 FINISH GRADE AT PUMP1211W STATION, EL. 1246.0. 245 R1W = 60, 1 I ' 12"-45- SENDS WITH THRUST BLOCKS OR RESTRAINED JOINTS. OFFSET A$ REQ' D TO CONNECT TO EXIST' 12" ATER MAIN SOUTH OF E�ISTING VALVE. LTJ > _j (J) Z uj Lli T-4 Z o- Of n (_) < z I.- LjJ NOTE: BEFORE YOU BEGIN ANY WORK, SEE AGREEMENT FOR FIBER OPTIC PROVISIONS. EXHIBIT "A" Salina, Salina County, Kansas MP 5.12 - McPherson Branch To accompany agreement with the City of Salina, Kansas, covering 2 tapping Tee & Valve encroachments SCALE: 1" - ' OFFICE OF CONTRACTS & REAL ESTATE OMAHA, NEBRASKA Date: 2-06-96 REA FILE: 060-15 OL E 0 E N D O r�� cr■ ENCROACHMENTS SHOWN ....................' UPRRCO. R/W OUTLINED ................ 7---- '-t Awy _- - } - - t ' r ss•• r_ ' iCP•. � ' +v � 2c^-'. r � 1 ' 1 - '7 " r• f 1t. I ..• - _ `p,1 `.. �.o. .^ _.. PP }' 1 � : M �~ .. , .. S w4ry o., Rfw �T• L! �t ur i nia.--/z+3S, D[f.PILE Sg4-4 .I _ SFE 7-7 NOTE: BEFORE YOU BEGIN ANY WORK, SEE AGREEMENT FOR FIBER OPTIC PROVISIONS. EXHIBIT "A" Salina, Salina County, Kansas MP 5.12 - McPherson Branch To accompany agreement with the City of Salina, Kansas, covering 2 tapping Tee & Valve encroachments SCALE: 1" - ' OFFICE OF CONTRACTS & REAL ESTATE OMAHA, NEBRASKA Date: 2-06-96 REA FILE: 060-15 OL E 0 E N D O r�� cr■ ENCROACHMENTS SHOWN ....................' UPRRCO. R/W OUTLINED ................ 7---- '-t Awy _- - } - - t ' r ss•• r_ ' iCP•. � ' +v � 2c^-'. r � TO MCPHERSO N-�____� ^" - I TO SALIN_A � -. ..• - NOTE: BEFORE YOU BEGIN ANY WORK, SEE AGREEMENT FOR FIBER OPTIC PROVISIONS. EXHIBIT "A" Salina, Salina County, Kansas MP 5.12 - McPherson Branch To accompany agreement with the City of Salina, Kansas, covering 2 tapping Tee & Valve encroachments SCALE: 1" - ' OFFICE OF CONTRACTS & REAL ESTATE OMAHA, NEBRASKA Date: 2-06-96 REA FILE: 060-15 OL E 0 E N D O r�� cr■ ENCROACHMENTS SHOWN ....................' UPRRCO. R/W OUTLINED ................ 7----