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Audit # 108855 Bond Street 16 inch Storm Sewer Crossing Agreement✓ I Storm Sewer Crossing !at Salina, Kansas. DUPLICATE ORIGINAL Licensee's Copy C. D. No. 39198-3 THIS AGRB PT, made and entered into this day of1966, By ind Bif;eeE ACIFIC RAILWAV COPWANYj a corporation iof the State of Utah (hereinafter called #Railroad Company"y, hand CITY OF SALINA, a municipal corporation of the Mate of Kansas (hereinafter called "Licensee"), WITNK333TH: RBCITAW t The Licensee desires to construct, maintain and operate a storm severipe line (hereinafter referred to as "Pipe Line") across the right of way and under the track of the Railroad Company's 3 McPherson Branch at Bond Street, Salina, Saline County, Kansas, In the location shown by dashed orange line on the print hereto attached dated March 1, 1966, marked "Exhibit A" and hereby made a part hereof. i �AGRT��i1': 9 A i NOW "TRTR "3R8, it is mutually agreed by and between arties hereto as followas on 1. RAILROAD COMPANY GRAFTS RIGHT. In consideration of the covenants and agreements n contained to be by the Licensee kept, observed and rmed, the Railroad Company hereby grants to the Licensee, at to the terms and conditions herein stated, the right nstruct and thereafter, during the term hereof, to main - and operate the Pipe Line across bald right of way and said track in the location shown by dashed orange line hibit A. 1 The foregoing grant is subject and subordinate to the prior and continuing right and obligation of the Railroad_ i; Company to use and maintain its entire railroad right of way in the performance of its public duty as a common carrier, and is also subject to the right and power of the R^ilroad Company to cons ruct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, telegraph, tele- phone, signal or other pole and wire lines, pipe lines and ,other facilities upon, along or across any or all parts of ', said right of way, all or anof which may be freely done at ;[any time or times by the Railroad road Company without liability to the Licensee or to any other party for compensation or damages. The foregoing grant is also subject t:) all outstand- Jng superior rights (including those in favor of telegraph and; ;;telephone companies, lessees of said right of way, and others)' ;'and the right of the Railroad Company to renew and extend the same, and is made without covenant of title or for quiet en - 3 joyment . ?Section 2. CONSTRUCTION AND MAINTENANCE. The Pipe Line shall be constructed, maintained, re- ?Fpaired, renewed, modified and/or reconstructed by and at the expense of the Licensee and all work on said right of way in connection therewith shall be done under the supervision and .,to the satisfaction of the Railroad Company. All expenses .,incurred by the Railroad Company in connection with said work ;for supervision or inspection, or otherwise, shall be borne ';by the Licensee. The portion or portions of the Pipe Line located, or ±to be located, underneath said track or tracks shall mcag 'lbs of ttio dUmnsions " rpesifleat pns IrAUeSt" on XXhJblt ,`placed at a. depth below the base of the rails of said track or `tracks not less than that indicated on Exhibit A, and prior to' isthe commencement of any work in connection with such portion or portions of the Pipe Line (whether of construction, main te- nance, repair, renewal, modification, relocation, reconstruc- tion or removal), the Licensee shall submit to the Railroad tCompany plans setting out the method and manner of handling j`!the work and shall not proceed with the work until such plans 1;shall have been approved by the Chief - Engineer of the Railroad ,'Company and then only under the supervision of said Chief En- Pgineer or his representative. The Railroad Company shall have, xthe 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 such work is being done, and, in the event the Rail,- ,,road ail;road Company provides such support, the Licensee shall pay to the Railroad Company, within fifteen days after bills shall jhave been rendered therefor, all expense incurred by the Rail - Toad Company in connection therewith, which said expense shall; include all assignable costs plus ten per cent (101) to cover elements of expense not capable of exact ascertainment. The Licensee shall keep and maintain the soil over 'the Pipe Line thoroughly compacted and the grade even with the 4d,jacent surface of the ground. P LX 2 n NOTICE OF COYAgUCE1v OF WORK The Licensee shall not.i the R:Il.road Com a► least forty-eight hours in advance of the eommeaeement 69 any `work on said right of way in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipe Line. Section 4.. RELOCATION OR REMOVAL OF PIPE LINE. The license herein granted is subject to the needs .and requirements of the Railroad Company 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 Pipe Line to such new location or (unless the Pipe Line extends entirely across the right of 'way of the Railroad Company) remove the Pipe Line from said right of way, as the Railroad Company may designate, whenever, in the furtherance of such needs and requirements, the Rail- road Company shall find such action necessary or desirable. All the terms, conditions and stipulations herein -expressed with reference to the Pipe Line on said right of .way in the location hereinbefore described shall, so fak as the Pipe Line remains on the right of way, apply to the Pipe Line as modified, changed or relocated within the contempla- tion of this section. Section 5. NO INTERFERENCE WITH RAILROAD OPERATIONS. The Pipe Line shall be constructed, maintained, repaired, renewed, operated, used, modified, reconstructed,' relocated and/or removed in such manner as to cause no inter- ference whatsoever with the constant, continuous and uninter- rupted use of the tracks and other property of the Railroad Company, and nothing shall be done or suffered to be done by the Licensee that would, in any manner, impair the safety of said tracks or other property. Section 6. RESTORATION OF RAILROAD COIVIPAN� I S PROPERTY. In the event the Licensee shall take down any fence of the Railroad Company or, in any manner, move or disturb ,any other property of the Railroad Company in connection with 'the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipe Line then, and in that event, the Licensee shall, as soon as possible and at the sole expense of the Licensee, restore such fence and/or such other property to the same condition as it was in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and save 'harmless the Railroad Company from and against any and all 'liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including 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 destruc- 'tion grows out of or arises from the taking down of any fence or the moving or disturbing of any other property of the Rail- road Company. PLX ' 7-20-60 3 I Sec,�gtx DISPOSAL. OF PROPE''Y`. In the event the Railroad Carngaany" shall dispose of sang of its property u which the Pipe Line is located, a ;wherein provided, the license or permit herein granted, wit 'respect to the portion of the -Pipe Line located upon the prop- erty so disposed of, shall forthwith cease and determine. !''Section 8. LIABILITY. The Licensee shall indemnify and hold harmless the° :,,Railroad Company from and against any and all liability, loss, damage, claims demands, costs and expenses of whatsoever ;nature, including court costs and attorneys' fees, which may ;4result from injury to or death of persons whomsoever, or dam - ,;age .to or loss or destruction of property whatsoever (includ- ling damage to the roadbed, tracks, equipment or other proper- ty of' -.the Railroad Company or.property in its care or Gusto- � dy ), when such injury, death, loss, destruction or damage {;grows out of or arises from the bursting of or leaks in the ':Pipe Line, or in any other way whatsoever is due to, or arises :because of, the existence of the Pipe ..Line or the construe ;tion, operation, maintenance, repair, r-enewal,,modification, ,reconstruction, relocation or removal of the Plipe Line or any !'part thereof, or to the contents therein or therefrom. And -'the Licensee does hereby release the Railroad Company from all ;liability for damages on account of injury to the Pipe Line ,from any cause whatsoever. :Section 9. TERMINATION ON NONUSER OR DEFAULT. If the Licensee does not use the right herein grant - ;ed or the Pipe Line for one year, or if the Licensee continues in default in the performance of any covenant or agreement `herein contained for a period of thirty (30) days after writ - ,!ten notice from the Railroad Company to the Licensee specify- ing such default, the Railroad Company may, at its option, forthwith terminate this agreement., Notice of default and ;notice of termination may be _served upon the Licensee by mail - >Ing to the last known address of the Licensee. Section 10. `R04D`�AL OF PIPE LINE UPON TERMINATION OF AGREEMENT. Within ninety days after the termination of this Jagreement howsoever, the Licensee. shall, at the sole expense 1of the Licensee, remove the Pipe Line from said right of way ';,and_ restore, to the satisfaction of the Railroad Company, said ::right of way and the roadbed of said track or tracks to as ;good condition as they were in at the time of the construction of the Pipe Line; and if the Licensee fails so to do, the 'Railroad Company may do such work of removal and restoration ,at the expense of the Licensee. In the event of the removal `xof the Pipe Line as in this section provided, the Railroad `±Company shall, in no manner, be liable to the Licensee for ,any damage sustained by the Licensee for or on account of =3such removal, and,such removal shall, in no manner, prejudice ;or impair any right of action for damage, or otherwise, that =the Railroad Company may have against the Licensee. PLX.. �. P LX F to -63 Nothing in this section contained shall obligate the Licensee to remove the Pipe Line because of termination of this license with respect to same under the provisions of Section 7 hereof in cases where the Licensee shall have made arrangements for the continuation of the Pipe Line with the grantee or grantees of the Railroad Company. Section 11. WAIVER OF BREACH. The waiver by the Railroad Company of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Railroad Company to avail itself of any subsequent breach thereof. Section 12. LICENSEE NOT TO ASSIGN. The Licensee shall not assign this agreement, in whole or in part, or any rights herein granted, without the written consent of the Railroad Company. Section 13, EFFECTIVE DATE - TERM. This agreement shall take effect as of the 15th day of Margh19 , an shallcoht nue in �`u�1I force and effect until terming ed as herein provided. Section 14. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 12 hereof, this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate as of the date first herein written. ,!Witney : UNION PAC IC RAILROAD COMPANY, a, General Manager i.tn�es a C7c Q� c— J yOr c t F 0 1 RESQLUTIQN VORUS VXZW MV20 XkV&OAD OWAXT has tendered to CM S state of suras, on agreement aiowr' ng the oonstruotjonv maIntansurs cad operation of a storm sewer p1pe 11M across the right of gray 04 undWw the traok of the ftllroad Company e s Nefterson Aranch at gond atr"ts U11=# sas; saki agroew+tnt belts Identified as Railroad Company's C.I. Ito. 39198-3i WA WHEREAS, the Gouncil of thO City of ;€m has said proposed agreement before it and has g venfearer u review and consideration; and WHEREAS, it is considered that the best interests oi, said City "of S".will b<i subserved by the acceptance of said agreement; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF Aa 8A!'s OF =$Us That the terms of the agreement submitted by the ,Union Pacific Railroad Company as aforesaid be, and the same are hereby, accepted in behalf of said City; That the Mayor of said City is hereby authorized, empowered and directed to execute said agreement on behalf of ,said Cityj and that the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this resolution. STATE OF$ ss "'COUNTY OF ) I, City Clerk of 'the City _of 2&l ,, _ , hereby certi- fy that the above and foregoin , is a true, lull_and correct copy of a resolution adopted by the Council of the City of � as at�t smas at a meeting held according to law at saltuas Dun on the day of "-.W- ,19 , is e a same appears on T an o recor n this–of f ice. '—'§§ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this -day of , 19,E • C (Seal), city C lerk of the City o Sall", ,tate of Umax. ii ;' y .� ,, " o ... .�..� _,.." � ,�,� w,� �wt�►esss No1b84 __._,_....._,.:...,.................--.�'..,�......�_..vim_.......+.-.,.«.---`......_ .._.._.... ...- _ _ 4 �v1o1�8� s �x<.�{-av1 wSF•WEIk, �=tin.= IIA�te }Q�y'�;6jr_ f'xa "Mhw M'a L -T. 32 1 Exhibit "eA" UNION PACIFIC RAILROAD COMPANY } SALINA, c- LINE COUNTY, KANSAS (McPherson Branch To accompany agreement with CITY OF SALINA covering 42" CMP bit. coated storm sewer crossing at Bond Street. ecale: 1"a = 50" Off ice of Division Engineer Kansas City, Kanas March 1, 1966 * L E G E N D Sewer line crossing shown........ ORANGE Prop.sewer within area covered by agreement CD 'o. 7684 shown ... GREEN Hwy lease -City of Salina, agreement CD No. 7684 outl_ined..YELLOW RR R/W outlined .....................RED R D. Uhrich Assistant Vice President J. A. Anthony Director -Contracts D D. Brown Director -Real Estate M W. Casey General Director -Special Properties J P. Gade Director -Facility Management MR. DON HOFF CITY OF SALINA 300 W. ASH P O BOX 736 SALINA, KS 67402-0736 Dear Mr. Hoff: UNION PACIFIC RAILROAD COMPANY Real Estate Department UNION PACIFIC I(1 1800 Farnam Street Omaha, Nebraska 68102 Fax (402) 997-3601 FEB 0 6 2000 Folder No. 60-15 J. L. Hawkins Director -Operations Support M. E. Heenan Director -Administration & Budgets D H. Lightwine Director -Real Estate T. K. Love Director -Real Estate Re: Supplemental Agreement for License Audit No. 108855 covering a 16 -inch water pipeline and sanitary sewer pipeline encroachment on Railroad property at Mile Post 4.11 on the McPherson Branch at or near Salina, Salina County, Kansas Attached is your copy of the fully -executed original of the above -referenced Supplemental Agreement. The Railroad Company has authorized the installation of fiber optic cable facilities on its property in certain areas. Prior to digging on the Railroad's property you must contact the Railroad Company at 1-800-336-9193 to determine if this property contains fiber optic cable. In any event, you should thoroughly review the terms and conditions of this Lease. In accordance with the terms of the Agreement, you are required to notify the following Railroad Company's Manager of Track Maintenance at least 10 days in advance of the date you plan on entering the right of way for further instructions and approval to commence construction. Charles D. Anderson 301 South 3`d Salina, KS 67401 Phone: 8234442 Fax: 785-8234430 In compliance with the Internal Revenue Service's policy regarding its Form 1099, this is to advise you that 94-6001323 is Union Pacific Railroad Company's Federal Taxpayer Identification Number and we are doing business as a corporation. Sincerely yours, Carol Christensen Senior Manager Utilities (402) 997-3539 SUPPAGRDOC 980220 Form Approved, AVP -Law SUPPLEMENTAL AGREEMENT Folder No: 60-13 Audit No: 108855 THIS SUPPLEMENTAL AGREEMENT is made as of the —1-1�day of 20G ©,between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, the "Licensor') and CITY OF SALINA, a Kansas municipal corporation, with a mailing address at 300 W. Ash, P O Box 736, Salina, Kansas 67402-0736 (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 Audit No. 108855, covering a 16 - inch water pipeline and sanitary sewer pipeline encroachment at or near Salina, Salina County, Kansas. The parties now desire to modify the Basic Agreement by adding a 10 -inch pipeline connection to the water pipeline. AGREEMENT: NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: SECTION 1- ADDITION OF PRINT The print dated January 11, 2000, attached hereto as Exhibit W, shall be and hereby is added to the print dated February 7, 1966, 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 suppkmvmt thereto (if any), such reference shall be deemed to include reference to the pipeline as shown on Exhibit W, 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 3 - EFFECTIVE DATE This Supplemental Agreement shall be effective as of January 17, 2000. SECTION 4 - AGREEMENT SUPPLEMENT. Nothing in this Supplemental Agreement shall be construed as amending or modifying the Basic Agreement unless specifically provided herein. IN WITNESS WHEREOF, the parties have executed this Supplemental Agrert as of the day and year first written. UNION PACIFIC RAILROAD COMPANY By: 6 .-t, --- S or Manager Utilities WITNESS CITY OF SALINA X X rtle f Fence Cor L. 7617 PROPOSED 10" C.I.P. —:- =IE.S. 280+25+- , . 10" WATER C.I.P. PIPELINE TO BE CONNECTED TO ► j EXISTING 16" WATER LINE BY EXCAVATION WITH Q. Q3*fO Gheraye /nfenra R. BACKHOE & INSTALLING TAPPING SLEEVE & VALVE. PACIFIC FIBER OPTIC CABLE 1 CALL BEFORE YOU DIG 1-800-336-9193 SCALE: 1" = 400' LEGEND U.P.R.R. RIGHT OF WAY - - - PIPELINE SHOWN gn�an -TT rn � 0 d z !. GS*m3 /`enct change R. � asrd6 WoodX Fbst gait I ; F 1� EXHIBIT "A" UNION PACIFIC RAILROAD CO. TO ACCOMPANY AGREEMENT WITH MY OF SAUNA SAUNA, SAUNA COUNTY, KS. M.P. 5.6+- MCPHERSON BRANCH UP KS V 13 /2 REAL ESTATE DEPARTMENT OMAHA NE. FILE #060-15 DATE: 1 11-2000 T.D.A. UNION PACIFIC RAILROAD COMPANY Real Estate Department R. D. Uhrich Assistant Vice President J. A'Anthony Director -Contracts D. D. Brown Director -Real Estate M. W. Casey General Director -Special Properties J. P. Gade Director -Facility Management SALINA CITY OF ENGINEERING/UTILITIES D 300 WEST ASH SALINA, KS 67401 1800 Farnam Street Omaha, Nebraska 68102 Fax: (402) 997-3601 July 31, 2001 License Audit No: 108855 Folder No: 0006015 Location of Agreement: SALINA, KS RE: Assignment of Certain License Rights to Strong Capital I Primary Purpose of Agreement: ENCROACHMENT - PIPELINE Bill Description: Dear Licensee: J. L. Hawkins Director -Operations Support M. E. Heenan Director -Administration & Budgets D. H. Lightwine Director -Real Estate T K. Love Director -Real Estate Please be advised that certain of the rights and pbligations of Union Pacific Railroad Company under the above referenced License(s) ("License(s)") have been assigned to Strong Capital I effective as of June 22, 2001, including without limitation, the right (and related obligations) to collect and administer the rental/license fee. Union Pacific has retained certain rights and related obligations under the License(s), primarily (but not exclusively) related to Railroad business activities and safety, and protection of Union Pacific and Union Pacific's right of way or other property from liability. damage, safety risks and unauthorized uses, including, without limitation, any obligations of the Licensees under the Licenses to comply with Union Pacific's safety rules, to submit plans for construction, modification or replacement of Facilities to Union Pacific for review and approval prior to implementation, to receive prior notice of and/or coordinate times of entry on Union Pacific's rail corridor, and to arrange for flagging services to be provided by Union Pacific at such Licensee's expense. Railroad Management Company, LLC has the responsibility for assuming the administration and implementation of the assigned rights. If you have any questions concerning the above-described transaction, please contact them at (214) 750-8028 at the following address: For Information Attn: Asset Manager Railroad Management Company LLC 4514 Cole Avenue Suite 1010 Dallas TX 75205 If you have an unpaid bill that you received from Union Pacific, you should make your payment to Union Pacific. Railroad Management will bill for all future rental/license fees due on or after June 22, 2001, and your payment for those bills should be forwarded to their lock box at: For Payments Railroad Management Company LLC PO Box 678161 Dallas TX 75267-8161 Federal Tax ID No: 36-4450608 Sincerely, James A. Anthony Director Contracts JAMBUNDLING NOTIFICATION LETTERS 2-1-02 THRU 4-30-02.DOC