Audit # 108855 Water and Sewer Line Encroachments and Crossings5 ,
Nk -I UiAAAfli
5
i411 MIAM
4
S cion NOTICE OF COHLYIENC'EMEN` OF WORX
The Licensee shall. notify the Railroad Compazky at
;least forty-eight hours in advance of the commencement bX ani
;work on said right of way in connection with the construction,
�mainten.ance, repair, renewal, modification, reconstruction,
relo-cation 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 far 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 14ITH 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 COPIPAN�'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 corztection with
the construction, maintenance, repair, renewal, modificat'�on,
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
L
':e� DISPQSAt.OF PR4PEfY.
i In the event ,he Railroad Csmpa.ny shall dispose pf i
tein
of on its property upwhich the Pipe Line is located, as
provided, the license or permit herein granted, with �
(respect to the portionof the -Pipe Line located upon the prop
-
-erty so disposed of, shall forthwith cease and determ3ns.
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, inciQlag court costs and attorneys' fees, which may
result from injury to or death of persons whomsoever, or dam-
age`to or'loss or destruction of property whatsoever (includ-
ing 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, lass, . destruc tion 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 construct_
tion, operation, maintenance, repair, renewal,,,mod1fication,
reconstruction, relocation or removal of the Pipe Line or any
part thereof, or to the contents th-erein 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. TERItiIINATION ON NONUSER OR DEFAULT.
`If the Licensee does not use the right herein grant-
or the Pipe Line for one year, or if the Licensee continues
in default in the performance of an 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-
ging to the last known ,address of the Licensee.
Section 10. `REMOVAL OF PIPE LINE UPON TERMINATION OF
AGREEMENT.
Within ninety days after the termination of this
agreement howsoever, the Lic en see . shall, at the sole expense
.of 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
of 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
such removal, -and -such removal shall, in no manner, prejudice
'or impair any right of action for damage, or otherw.i.se., that
the Railroad Company may have . aga.inst the Licensee.
PLX'
2
Nothing in this section contained shall obligate
the Licensee to remove the Pippe 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.
be
;way
of
The waiver by the Railroad Company of
any condition, covenant or agreement herein
kept, observed and performed by the Licensee
impair the right of the Railroad Company to
any subsequent breach thereof.
the breach
contained to
shall in no
avail itself
Section 12. TERMINATION ON NOTICE.
Subject to the provisions of Section g hereof, this
;agreement may be terminated by written notice given by either
;party hereto to the other on any date in such notice stated,
snot less, however, than six months subsequent to the date on
;which such notice shall be given.
Section 13. 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 14. EFFECTIVE DATE - TERM.
This agreement shall take effect as of the
day of `�I , 1 ,
an , unless sooner terminat6d as herein provided, s al con
tinue in full force and effect for a period of five years,
,Section 15. SUCCESSORS AND ASSIGNS.
Subject to the provisions of Section 13 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.
Witness-
UNION
PACIFIC
RAILROAD COMPANY,
-&-a. mmn
By
d -As
- - - -
9' -ow
v
(s.4)
Approveds /'s/ , ,� � For Ods Nmro
P LX
"En
10-63j 5
G
RESOLU TIQN.
11
s
T, 77711 Ti 71WIT]
WHEREAS, the Gouncil of the City of
has said proposed agreement before it and has t carE,c�
review and consideration; and
WHEREAS it is considered that the best interests oi'
1
said City of will be
subserved by the acceptance of said agreement;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF
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 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.
STATE OF
COUNTY OF ULM
ss
}
II . 84. POW" City Clerk of
the City.of WS"* % , hereby certi-
fy that thea ove and foregoinF, is a true? fu and correct
copy of a resolution adopted by the Council of the City of
$"&"a 10 , at a meeting held
according to law at 0 V on the
22W day of August , 19
as the same appears on file and of record n this oice.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and affixed the corporate seal of said City, this
-day of U "t , 19
/isKa 2s Morgan
(Seal), Ce .of
�(• Form 2214
� i' i l �._..� �... _. 5.74-5M
C. D. No. 429 89-1-C
. be attached to agreement audit No---------------_._-1088.55_-.--------------.._--_C..D.•.. No.....42989-1
------------
_------ ANO ----------------------------- ------------------------------ - �'o•.. • --- ...._ -
Between
UNION PACIFIC RAILRO D COMPANY (Licensor) and CITY OF SALINA,
State of Kansas (Licensee)
Present assignee (if an}') - - -
Covering ;.,ater and sewer line encroachments and crossings,
Location near Salina, Kansas.
Dated _August__22.,___19_66---- _--- Effective Date Mal: ...... 14_66—__E-,piration (Original) M-ar------ 0,-__1971
Expiration (by latest extension) March 10, 19 76 .
IT IS HEREBY MUTUALLY AGREED by and between the present parties to the above-named agreement
that said agreement, which by this reference is made a 1part hereof, is hereby adopted by said parties as their a_ree-
ment' for a term be ________________________sls3rcxl__.1-1 ----------------------- 19___L_6_, and extending to and including
_____________________March__1Q____-_--___________________- 19.8-6__; and that all the terms and conditions of said agreement, as
heretofore or herein supplemented and/or amended, shall have the same force and effect and be as binding upon the
parties hereto during said term as if the same were repeated herein; said agreement with the supplements and/or
amendments (if any) to be subject to termination prior to the expiration of the term herein named in the same
manner as is provided therein for termination prior to the expiration of the term thereof.
Special Provisions:
Dated-_& 19_26.
6.
Witness:
Attest:
XXIMMN
Made in duplicate.
UNION PACIFIC RAILROAD COMPANY
By
CITY OF SALINA,
(s) 0. A. 1DUPPA* T
General Manager
------------���----_-,--�-t_--•Seal) �s e�---------'. �.-- _r -. _ _.:.r_�-.-----------
City Clerk,-.".' Mayor