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Encroachment BuyoutR. 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 DON HOFF PE CITY OF SALINA PO BOX 736 SALINA KS 67402 Dear Mr. Hoff. UNION PACIFIC RAILROAD COMPANY Real Estate Department 1800 Farnam Street Omaha, Nebraska 68102 Fax: (402) 997-3601 February 26, 2001 J. L. Hawkins Director -Operations Support M. E. Heenan Director -Administration & Budgets D. H. Lightwine Director -Real Estate I K. Love Director -Real Estate Folder No.: 060-15 Our records indicate that Union Pacific Railroad Company is currently billing you annually for Agreement Audit No. 108855 (CD42989-1), dated March 11, 1966, between the Railroad Company, and City of Salina, covering a(n) underground 16" sewer line and 10" water line encroachment, on our property at or near Salina, Salina County, Kansas. This License covers about 8900' feet (each) of sewer and of water pipeline encroachment! This is in response to your letter of June 20, 2000 showing an interest in the buyout program. This buyout will eliminate all future rentals, as well as, the possibility of increases In an effort of good faith and encouragement, I have dropped the standard $500 administrative fee. On the 10th of this month, I had sent a letter to you concerning a past due bill and this appears to be taken care of I Thank You for your cooperation! In that letter I provided you with a copy of this Agreement for your reference. The Railroad Company is looking to sell off these rental license agreements to a Third Party to manage. Once that transaction occurs we will no longer have a say in the rental amounts, increases, or terminations, so, I would like to get all this business taken care ofwith my customers before that will transpire. Union Pacific is undertaking a program to eliminate annual bills by converting existing agreements to one-time payments. This program will save you the time and expense required for payment, and will eliminate your risk of future increases in rental. This will not affect any of your existing rights, terms or conditions, but is simply a financial arrangement that eliminates your requirement to pay re -occurring rentals. A prerequisite for this program is that all current and outstanding bills, if any, are paid. If you would like to take advantage of this opportunity, please execute the Amendment attached to this letter and return one copy to me along with your check. Fees of $120,390.00 are due and payable upon your execution of the Amendment. Please include your check with the return of the fully executed Amendment and include the Folder Number and/or Audit Number on your check. This Amendment will not be considered effective by the Railroad Company until we receive both the fully -executed duplicate original of the Amendment and the fee payment. This Amendment shall be your only formal bill. In compliance with the Internal Revenue Service's new policy regarding its Form 1099, this is to advise you that 94-6001323 is Union Pacific Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad Company is doing business as a corporation. If this Amendment is not executed and returned within 60 days from the date of this letter, offer of the agreement is withdrawn and becomes null and void. If you do not intend to participate in this buy- out, just do nothing and you will continue to be billed annually. Sincerel Thomas . Judkins Representative -Contracts (402) 997-3546 SUPPAGR.DOC Form Approved AVP -Law AMENDMENT Folder No. 060-15 Audit No. 108855 THIS AMENDMENT is made as February 26, 2001, by and between UNION PACIFIC RAILROAD COMPANY, a corporation of the State of Delaware, (hereinafter the "Licensor") and CITY OF SALINA to be addressed at PO Box 736, Salina KS 67402 (hereinafter the "Licensee"). RECITALS: By instrument dated March 11, 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 an underground 16" sewer line and 10" water line encroachment located at Salina, Salina county, Kansas. The parties now desire to modify the Basic Agreement by eliminating the annual rental contained in the Basic Agreement. AGREEMENT: Section 1 NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: CONVERSION OF ANNUAL RENTAL TO A ONE-TIME CHARGE. Effective as of March 11, 2001, the Licensee agrees to pay to the Licensor the one time sum of $120,390.00, in lieu of the annual rental heretofore stipulated. Section 2: EFFECTIVE DATE This Amendment shall be effective as of March 11, 2001. Section 3: AGREEMENT SUPPLEMENTAL This Amendment 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 Amendment to be executed as of the day and year first hereinabove written. CITY OF SALINA Lo Title: IO PACIFIC OAD COMPANY itle: Director - Contracts SUPPAGR.DOC Form Approved AVP -Law AMENDMENT Folder No. 060-15 Audit No.: 108855 THIS AMENDMENT is made as of February 26, 2001, by and between UNION PACIFIC RAILROAD COMPANY, a corporation of the State of Delaware, (hereinafter the "Licensor") and CITY OF SALINA to be addressed at PO Box 736, Salina KS 67402 (hereinafter the "Licensee"). RECITALS: By instrument dated March 11, 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 an underground 16" sewer line and 10" water line encroachment located at Salina, Salina County, Kansas. The parties now desire to modify the Basic Agreement by eliminating the annual rental contained in the Basic Agreement. AGREEMENT: NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: Section 1: CONVERSION OF ANNUAL RENTAL TO A ONE-TIME CHARGE. Effective as of March 11, 2001, the Licensee agrees to pay to the Licensor the one time sum of $120,390.00, in lieu of the annual rental heretofore stipulated. Section 2: EFFECTIVE DATE This Amendment shall be effective as of March 11, 2001. Section 3: AGREEMENT SUPPLEMENTAL This Amendment 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 Amendment to be executed as of the day and year first hereinabove written. CITY OF SALINA -0 Title: N N PACIFIC RAILROAD COMPANY Title: Director - Contracts Real Estate Department Union Pacific Railroad 1800 Farnam Street Omaha NE 68102 February 10, 2001 DON HOFF PE CITY OF SALINA PO BOX 736 SALINA KS 67402 PIPELINE ENCROACHMENT AGREEMENT .DER NO.(S): 060-15, RIT NO.(S): 108855 I am the new Real Estate Contract Representative for the Kansas territory. In a review of files pa,f on to me, I came across the above noted Folder that covers an underground 16" sewer line on Rax1f &&property near Salina, Kansas for the City. It came to my attention because it has a past due retiti; bill of $2,500.00. This Billing was due 2/11/2000. In the file I see that we had raised the rental in 1999 to $2,500.00 which was paid. In that offer we had stated that there would be a one time buyout option in place of annual rentals at $40,000.00. Then in February 200 we supplemented the Agreement as you wanted to add a 10" pipeline connection to this water line. Around that time we sent out notice that we would be offering off these rental with a buyout amount. In June of 2000, you had returned a response letter indicating you were interested in that option. At this point I am working up that offer based on the line in place - at today's standards. A prerequisite to that alternative is that all current Bills are paid. So, before I can finish and release the one time offer, we will need to have this 2/11/00 Bill #403316 paid current. I have enclosed a copy of that Bill, some additional detail sheets, as well as, a copy of the original Agreement from our files. Please, forward the delinquent payment to me and I will have marked in our Accounting department. If you wish to discuss this issue or the one time offer, please, contact me. I look forward to doing business with you an -4 I Thank You for your cooperation! �- UNION Tom Judkins R PACIFIC �', pA Contract Representative eall ES LRO Phone: 402-997-3546' �p°rent ~D Fax: 402-997-3601 a 3i t- Cont epdkentative �yy :' 1800 Farnam Street Maha I3Y 3ebrask € E-MAIL. To mHs qOX (402N99, a 68102 0 Fe .� ns@nofes, 1 up.com 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 NM DON HOFF CITY OF SALINA 300 W. ASH P O BOX 736 SALINA, KS 67402-0736 UNION PACIFIC RAILROAD COMPANY Real Estate Department UNION PACIFIC 1800 Farnam Street Omaha, Nebraska 68102 Fax (402) 997-3601 January 15, 2000 Folder No. 60-15 FILE COPY 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 Dear Mr. Hoff: Attached are duplicate originals of the above referenced Supplemental License Agreement modifying the Basic Agreement by adding a 10 -inch pipeline connection to the water pipeline. In the spaces marked by an 'W', 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 fWly-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. Payment, in the amount of $1,000.00 is due and payable upon your execution of the agreement. Please include your check, with Folder No. 60-15 written on the front, 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 Service's policy regarding Form 1099, I certify that 94-6001323 is the Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad Company is doing business as a corporation. Sincerely, Carolyn Christensen Senior Manager Utilities (402) 997-3539 Union Pacific Railroad Company Visit Real Estate's web page at http://www.uprr.com/uprr/business/RE/ SALINA CITY OF ENGINEERING/UTILITIES D 300 WEST ASH SALINA, KS 67401 Page 1 of 1 Bill Number 403316 Audit Number 108855 Customer Number 80407 Folder Number 0006015 Bill Date 0211112000 Date Processed 0611612000 Date Printed 0211012001 Please address inquires regarding the payment status of this bill to Jan McMillen on (402) 280-6247 or Joe Collins at (402) 280-6211, or you may fax information to (402) 280-6203. Direct all other questions concerning this agreement or bill to the Real Estate manager shown below: Bill Description: Location of Agreement. SALINA, KS Manager.• Tom Judkins (402) 997-3546 Primary Purpose of Agreement: Encroachment - Pipeline PL-Rent,Preset PL -OTC -Admin Fe Credits/Adjustments Payable immediately upon receipt 101/17/2000 01/17/2000 $2,500.00 $1,000.00 ($1, 000. 00)1 Total Due: L $2,500.00 To assure proper credit to your account, detach and return this portion with check payable to: Union Pacific Railroad Company P.O. Box 3480 Omaha, Nebraska 68103-0480 Please include the bill number on your check! Bill Number 403316 Audit Number 108855 Customer Number 80407 Folder Number 0006015 Bill Date 0211112000 Date Processed 0611612000 Date Printed 0211012001 Total Due $2,500.00 SUPPAGRDOC 980220 ' Form Approved, AVP -Law Folder No: 60-15 Audit No: 108855 SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT is made as of the -2 day of aZ2-c_,20 , betweenUNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (herein" "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 supplement 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. ka%J!, ;,�!, .� By: Pate. FEB I 2000 IN WITNESS WHEREOF, the parties have executed this Supplemental Agreement as of the day and year first written. — UNION PACIFIC RAILROAD COMPANY By: (�'l Senior Manager Utilities WITNESS CITY OF SALINA X Title4c�,— CROEPL.DOC 941115 t A U D I -Ir --- J 5 Folder No.: 60-15. Form Approved, AVP -Law CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the %,S r day of M6 A C/, 7199--9---, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter referred to as the "Railroad");and Walters—Morgan Construction, Inc. , a Kansas corporation (hereinafter the referred to as the "Contractor"). RECITALS: The Contractor has been hired by City of Salina for the purpose of constructing (hereinafter "work") an underground sewage pumping station on property of the Railroad at Mile Post 5.80 on the, at or near Salina, Saline County, Kansas. The Contractor has requested the Railroad to permit it to perform the work and Railroad is agreeable thereto, subject to the following terms and conditions. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR For purposes of this agreement, all references in this agreement to the Contractor shall include the Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. ARTICLE 2 - RIGHT GRANTED, PURPOSE The Railroad hereby grants to the Contractor the right, during the tern hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals hereof for the purpose of performing the work described in the Recitals above. The right herein granted to Contractor is limited to those portions of the Railroad's property specifically described herein, or designated by the Railroad representative named in Article 5. - ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND B-1 The terms and conditions contained in Exhibits B and B-1, hereto attached, are hereby made a part of this agreement. ARTICLE 4 - ADMINISTRATIVE FEE Applicant shall pay to the Railroad FIVE HUNDRED DOLLARS ($500.00) as reimbursement for clerical, administrative and handling expense in connection with the processing of this Agreement. ARTICLE 5 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE The Contractor shall bear any and all costs and expenses associated with any work performed by the Contractor, or any costs or expenses incurred by the Railroad relating to this agreement. All work performed by Contractor on Railroad's property shall be performed in a manner satisfactory to the respective local Superintendent of Transportation Services of the Railroad or his authorized representative (hereinafter the Railroad Representative). croepl.doc Page 1 of 3 January 19, 1999 CROEPL.DOC 941115 Folder No.: 60-15 Form Approved, AVP -Law ARTICLE 6 - TERM: TERMINATION a). The grant of right herein made to Contractor shall commence on March 1, 1999 , and continue until September 30, 1999 , unless sooner terminated as herein provided, or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad property. b). This agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 7 - CERTIFICATE OF INSURANCE a). Before commencing any work, the Contractor will provide the Railroad with a Certificate issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit B-1 of this agreement in a policy which contains the following type of endorsement: Union Pacific Railroad Company, is named as additional insured with respect to all liabilities arising out of Insureds, as Contractor, performance of any work on the property of the Railroad. b). Contractor warrants that this agreement has been thoroughly reviewed by its insurance agent(s)/broker(s) and that said agent(s)/broker(s) has been instructed to procure insurance coverage and an endorsement as required herein. c). All insurance correspondence shall be directed to: File No. 60-15 Union Pacific Railroad Company 1800 Fainam Street, WP001 Omaha, Nebraska 68102 ARTICLE 8 - CHOICE OF FORUM Litigation arising out of or connected with this agreement may be instituted and maintained in the courts of the states of Nebraska and only, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation, in those courts, and consent to service of process issued by such courts. ARTICLE 9 - SPECIAL PROVISIONS None. croepl.doc Page 2 of 3 January 19,1999 CROEPL.DOC 941115 Form Approved, AVP -Law written. Folder No.: 60-15 IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate as the date first herein UNION PACIFIC RAILROAD COMPANY WITNESS: Walters -Morgan Construction, Inc. (Name of Contractor) X J,.John D. Walters, President croepl.doc Page 3 of 3 January 19, 1999 tTPII1TIES X & E ROE 980112 FV Approved, AVP Lw .f:11: Y I ►MM. c 61 I : :MI ►IAM: ul ►M Section 1. NOTICE OF COMMENCEMENT OF WORK -FLAGGING. The Contractor agrees to notify the Railroad Representative at least 48 hours in advance of Contractor commencing its work and at least 24 hours in advance of proposed performance of any work by the Contractor in which any person or equipment will be within 25 feet of any track, or will be now enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within 25 feet of any track. Upas receipt of such notice, the Railroad Representative will determine and inform the Contractor whether a flagman need be present and whether the Contractor need implement any special protective or safety measures. If any flagmen or other special protective or safety measures are performed by the Railroad, such services will be provided at Contractor's expense with the underling that if the Railroad provides any flagging cr other services the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein. Section 2. NO Ir1TERFERENCE 'MM RAILROAD'S OPERATION No work performed by Contractor shall cause any interference with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Railroad its lessees, licensees or others, unless specifically pernutted under this agreement; or specifically authorized in advance by the Railroad Representative. Nothing shall be done or suffered to be done by the Contractor at any time that would in any manner impair the safety thereof. When not in use, Coatractoes machinery and materials shall be kept at least 50 feet from the centerline of Railroad's nearest macro, and these shall be no vehicular crossings ofRailroad's tracks except at existing open public crossings. Section 3. The Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. The Conhactor shall not create, permit or sum anymedaenic's or materialmen's liens of any kind or nature to be created or enforced against any property of the Railroad for any such work performed. The Contractor shall indemnify and hold harmless the Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in anyway connected with or growing out of such work done, labor performed, or materials furnished. Section 4. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. a). Faber optic cable systems may be buried ori the Railroad's property. Protection of the fiber otic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone the Railroad at 14800-336-9193 (a 244xm r number) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Contractor. Kit is, Contractor will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Contractor's expense, and will commence no work on the right of way until all such protection or relocation has been accomplished. b). In addition to other indemnity provisions in this Agreement, the Contractor shall indemnify and hold the Railroad harmless from and against all costs, liability and expense whatsoever (including, without limitation, allmuM fees, court costs and expenses) arising out of any act or omission of the Contractor, its contractor, agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Railroad's property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad 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 Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Section 5. COMPLIANCE WITH LAWS. In the prosecution of the work covered by this agreement, the Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Contractor shall use only such methods as are consistent with safety, both as concerns the Contractor, the Contractor's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Contractor (Without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational wfity and health ads and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's property. If any failure by the Contractor to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Contractor shall reimburse and indemnify the Railroad for any such fine, penalty, cost, or charge, mchxiing without limitation attorneys' fees, court costs and expenses. The Contractor further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. g \A=\exlnb \cxoe.exb Page 1 of 4 End M B UTRXrEES X & E ROE 980112 Tim Approved, AVP Lxw .1.. : QIW WO I Z&J M 114-iLM M CO) Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work pursuant to this agreement. As reinforcement and in furtherance of overall safety measures to be observed by the Contractor (and not by way of limitations the following special safety rules shall be followed: a). The Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. The Contractor shall have proper first aid supplies available on the job site so that prompt first aid services can be provided to any person that may be injured on the job site. The Contractor shall promptly notify Ow Railroad of any US. Occupational Safety and Health Administration reportable injuries occurring to any person that may arise during the work performed on the job site. The Contactor shall have a non -delegable duty to control its employees, while they are on the job site or any other property of the Railroad to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug, narcotic or other substance that may inhibit the safe performance of work by the employee. b). The employees of the Contractor shall be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing or free use of their bands or feet Only waist length shirts with sleeves and trousers that cover the entire leg are to bewan. if 8are_legged users are worn, the trouser bottoms must be tied to prevent catching. The employees should wear sturdy and protective work boots and at least the following protective equipment (1) Pro Wive head gear that meets American National Standard -Z89. Watest revision. It is suggested that all hardhats be affixed with Contractor's or ms's company logo or name. (2) Eye protection that meets American National Standard for occupational and educational eye and ince protection, 287.1 -latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, burning, etc.; and (3) Homing protection which affords enough attenuation to give protection from noise levels that will be occurring on the job site. C). All heavy equipment provided or leased by the Contractor shall be equipped with audible back-up warning devices. If in the opinion of the Railroad Representative any of Contractor's or any of its subcontractor's equipment is unsafe for use on the Railroad's right-of-way, the Contracts, at the request of the Railroad Representative, shall remove such equipment from the Railroad's right -0f -way. Section 7. a). As used in this Section, Tailroed' includes other railroad companies using the Railroad's property at or near the location of the Contractor's installation and Heir officers, agents, and employees; "boss" 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 from: (a) injury to or death of pentons whomsoever (including the Railroad's officers, agents, and employees, the Contractor's officers, agents, and employees, as well as any other person), and/or (b) damage to or loss or destuction of property whatsoever (including Contractor's property, damage to the roadbed, tracks, equipment, or other property of the Railroad, or property in its care or custody). b). As a major inducement and in consideration of the license and permission herein granted, the Contractor agrees to indemnify and hold harmless the Railroad from any Loss which is due to or arises from any cause and is associated in whole or in part with the work performed under this agreement, a breach of the agreement or the failure to observe the health and safety provisions herein, or any activity, omission or negligence arising out of performance or nonperformance of this agreement However, the Contractor shall not indemnify the Railroad when the Loss is caused by the sole negligence of the Railroad. c). The Contactor shall wvhatnw insurance coverage is necessary to adequately underwrite its general and contactual liability under the terms of this Agent. Section B. In the event the Railroad authorizes the Contractor to take down any fence of the Railroad or in any manner move. or disturb any of the other property of the Railroad in motion with the work to be performed by Contractor, then in that event the Contractor shall, as soon as possible and at Contractors 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 moved or disturbed. g;W= elnh-bitb\crmexb Page 2 of 4 Exhibit B UTIIMES X & E ROE 980112 F Approved, AVP-Lsw The waiver by the Railroad of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Contractor shall in no way impair the fight of the Railroad to avail itself of any remedy for any subsequent breach thereof. The Contractor shall not assign, sublet or subcontract this agreement, or any interest therein, without the written consent of the Railroad and any attempt to so assign, sublet or subcontract without the written consent of the Railroad shall be void. If the Railroad gives the Contractor permission to subcontract all or any portion oftbe uvrk herein described, the Contractor is and shall remain responsible for all work of subcontractors and all work of subcontractors shall be governed by the terms of this agreement gMurrekxddbi kroemb Pap 3of4 ExhrU H ROE INS 960830 r4 Pratecxive Im Fo,� Approved, AVP -Law 1WA: 111. M Right of Entry Agreements Contract Insurance Requirements Third Party Contractors Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: a) General Liability insurance providing bodily injury including death, personal injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or claim and an aggregate limit of at least $4,000,000. This insurance shall contain broad form contractual liability with a separate general aggregate for the project (ISO Form CG 25 03 or equivalent). Exclusions for railroads (except where the Job Site is more than fifty feet (50) from any railroad tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed. Coverage purchased on a claims made form shall provide for at least a two (2) year extended reporting or discovery period if (a) the coverage changes from a claims made form to an occurrence form, (b) there is a lapse/cancellation of coverage, or (c) the succeeding claims made policy retroactive date is different for the expiring policy. b) Automobile Liability insurance providing bodily injury, property damage and uninsured vehicles coverage with a combined single limit of at least $2,000,000 each occurrence or claim. This insurance shall cover all motor vehicles including hired and non -owned and mobile equipment if excluded from coverage under the general public liability insurance. c) Workers' Compensation insurance covering Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement, and Employers' liability. If such insurance will not cover the liability of Contractor in states that require participation in state workers' compensation fund, Contractor shall comply with the laws of such states. If Contractor is self-insured, evidence of state approval must be provided. Contractor and their insurers shall endorse the required insurance policy(ies) to waive their right of s„ i, ggdM against Railroad. Contractor's insurance shall be primary with respect to any insurance carried by Railroad. The policies required under (a) and (b) above shall provide severability of interests and shall name Railroad as an additional insured. Prior to commencing the Work, Contractor shall furnish to Railroad certificate(s) of insurance evidencing the required coverage and endorsements and upon request, a certified duplicate original of any required policy. The certificate(s) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing of any material alteration including any change in the retroactive date in any'ckams-made' policies or substantial reduction of aggregate limits, if such limits apply, or any cancellation at least thirty (30) days prior thereto. The insurance policy(ies) shall be written by a reputable insurance company(ies) acceptable to Railroad or with a current Best's Insurance Guide Rating of B and Class VII or better, and authorized to do business in the state(s) in which the job Site is located. Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. If Contractor fails to procure and maintain insurance as required, Railroad may elect to do so at the cost of Contractor. The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad shall not be limited by the amount of the required insurance coverage. G:1Sl3fE�1� E�II�TSURANCICROEINSN.EXB Page 4 of 4 Emit &1 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 U S CERTIFIED MAIL, RETURN RECEIPT REQUESTED CITY OF SALINA DEPARTMENT OF UTILITIES 300 WEST ASH STREET P O BOX 736 SALINA KS 67402-0736 Dear Sir: 1800 Famam Street Omaha, Nebraska 68102 Fax (402) 997-3601 REVALUATION LETTER February 10, 1999 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 Reference is made to that certain License Agreement dated August 22, 1966, between Union Pacific Railroad Company, or their predecessors in interest, and City of Salina covering water and sewer line encroachments and crossings on Railroad Company's property at or near Salina, Saline County, Kansas. Said License Agreement is identified in the Railroad Company's records as Audit No. 108855. The Railroad Company desires at this time to revise the rental to reflect present industry rental standards. This letter is to advise you that effective as of March 11, 1999, the rental shall be TWENTY-FIVE HUNDRED DOLLARS ($2,500.00) per annum in lieu of the annual rental heretofore stipulated in the Basic Agreement as amended. You will be billed at the new rate on the next billing date. 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 may be made by means of automatic adjustment in billing. As an alternative to continuing to pay an annual rental, I am authorized to offer you a one-time payment of FORTY THOUSAND DOLLARS. This payment would eliminate future rental increases and adjustments. The option of paying annually or a one-time fee is yours. If you wish to continue paying annually, simply do nothing. You will be billed the new annual rental. If you wish to accept the one-time fee opportunity, call me and I will arrange for documentation to cover the one-time fee payment. In compliance with the Internal Revenue Services' new policy regarding their Form 1099, this is to advise you that 94- 6001323 is the Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad Company is doing business as a corporation. revaltr2.doc Please return a fully executed copy of this Agreement. If you have any questions, please contact me at (402)997-3642. MSinceerr'eelly. yours, l y Hauschild Contract Representative revaltrldoc 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 DON HOFF CITY OF SALINA DEPT OF UTILITIES 300 WEST ASH STREET P O BOX 736 SALINA KS 67402-0736 Dear Mr. Hoff: UNION PACIFIC RAILROAD COMPANY Real Estate Department 1800 Farnam Street Omaha, Nebraska 68102 Fax (402) 997-3601 MAINTENANCE CONSENT LETTER October 29, 1998 Folder No. 60-15 AUDIT I 0�1 SS 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 refer to your letter dated October 19, 1998, notifying the Railroad Company of the City of Salina 's (hereinafter the "Utility") intention to replace their sewage pumping station (No. 35), covered by Audit No. 108855, at E.S 291+24.3 approximate M.P. 5.80 at or near Salina, Saline County, Kansas. This letter will serve as notification that the Railroad Company approves of your intentions to replace the existing pumping station (35). If in the future the Utility finds it necessary to. maintain, repair, renew, modify, reconstruct, relocate or remove the pumping station, it is understood that the Utility shall reimburse the Railroad Company for all expenses incurred by the Railroad Company for employment of flagmen, inspectors and other employees required to protect the right of way and property of the Railroad Company from damage arising out of and/or from the work on the utility line. The Utility shall reimburse the Railroad Company for such expenses within thirty (30) days after presentation of bill for such expenses. The Railroad Company has authorized the installation of fiber optics cable facilities on its property in certain areas. Prior to using the Railroad Company's property covered herein, you should contact the Railroad Company at 1-800-336-9193 to determine if a fiber optic cable is buried on the subject property. When you or your representative enter the Railroad Company's property, a copy of this letter must be available at the site to be shown on request to any Railroad employee or official. In order to protect the Railroad Company's property as well as for safety reasons, it is imperative that the Utility notify our Superintendent Transportation Services office: Dave Anderson Mgr Track Maintenance Union Pacific Railroad Co 206 South Jefferson Plainsville, Ks 67663 913-625-7154 Fax: 913-434-7330 consmntc.ltr Pagel of 2 a minimum of forty-eight (48) hours in advance of any construction on, along, or across the Railroad Company's right of way and/or tracks. Very truly yours, Mary Hauschild Contract - Representative (402) 997-3642 consmntc.ltr Page 2 of 2 SUPPAGR.DOC 900101 Form Approved, AVP -Law SUPPLEMENTAL A REEMENT Audit No. 108855 Folder No. 060-15 THIS SUPPLEMENTAL AGREEMENT is made as of the ZL ``°t day ofruaGn�_, 199 b 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 I - 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 ($1,000.00). SECTION -EFFECTIVE DATE This Supplemental Agreement shall be effective as of February 6, 1996. SECTION 4 - AGREEMENT SUPPLEMENTAL This agreement is supplemental to the Basic Agreement, as herein amended, and nothing herein contained shall be construed as amending or modifying the same except as herein specifically provided I= Articles of Agreement February 7, 1996 Page i of 2 SUPPAGRDOC 900101 Form Approved, AVP -Law Audit No. 108855 Folder No. 060-15 IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed as of the day and year first hereinabove written. UNION PACIFIC RAILROAD COMPANY By:9----.�%� ql?YTRACT REPRESENTATIVE WITNESS: CITY OF SALINA Title:Director of Enginee ng Utilities Articles of Agreement February 7, 1996 Page 2 of 2 1. I! SiCtiOn Line -- o — SEC. LINE AFF-PDX. 3' S. OF 'g Etign of Pavement 124.5 m+ 0 rL 3 NEW OVERHEAD ` a INSTALL ONE JOINT OF PRIMARY, BY KPL- W 12" DIP W. OF VALVE. ] M CAP AND BLOCK FOR ELECTRIC SERVICE r FUTURE CONNECTION ENTRANCE,SEE _ BY OTHERS. SHEET NO.8 * +jI able k ikr V) Ct2„W 1245 12"W Z w � 102 u�i UG �� H _ 100 (� r------------� C7 Q 'A j NEWUPDERGROUND m APPROX. L CATION OF d 0 ELECTRIC CONDUIT— NEW KPL ANSFO MEIf / CONDUCTORS BYjKPL. POLE V 145 I i\ I J Q W T IOPI OF SLAB I EL. 1246.50+1 / +I N_ FINISH GRADE AT PUMP 12"W STATION, EL. 1246.0. F O 101 N R / W 60' 1 � I N 12"-45" BENDS / WITH THRUST B INTS. OFFSETTAS1 REQ' TO / T CONNECT TO EXIST' 12" WATER MAIN SOUTH OF E> ISTIN VALVE. z I � J i I 17 . _ :SEES •.lN$ R � } �` -� - - - -• .. _. i .:� .. g • I F j I I i;. : TO MCPHERSON _ '� _ :o _ - ' 'fi _ TO SALINA - 7(eSTru� �ou��y,d arc $,i !✓P>jL- `.•O: .� h s... , 1. N —/z473, DrY.Crl,- S'14 -4••l- .. - . _ :SEES •.lN$ R � } �` -� - - - -• .. _. � .- _.�s� � "_•_ �•. .:� .. TO MCPHERSON _ '� _ :o _ - ' 'fi _ TO SALINA - 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: I" OFFICE OF CONTRACTS & REAL ESTATE OMAHA, NEBRASKA Date: 2-06-96 REA FILE: 060-15 0 lL E 0 E N® 0 ENCROACHMENTS SHOWN .................... UPRRCO. R/W OUTLINED ................."—" f .i UNION PACIFIC V I, .0 � I v I, t '�Z __,__ FenceCorG 76+173[ PROPOSED 10" C.I.P. I� E . 280+25+- 1 1 t 10" WATER C.I.P. PIPELINE TO BE CONNECTED TO ► EXISTING 16" WATER LINE BY EXCAVATION WITH Q. �*�O G.hioixje inFexe R. BACKHOE & INSTALLING TAPPING SLEEVE & VALVE. PACIFIC FIBER OPTIC CABLE 1 CALL BEFORE YOU DIG 1-80x-336-9193 SCALE: 1" = 400' LEGEND U.P.R.R. RIGHT OF WAY - - PIPELINE SHOWN ' 1 t 1 t t c:�cadcl\ctgmseed.dgn Jan. 11, rn 0a i� r d3rJ"3 knct ChorxJe R r ears ff'oodX Fbst PAF I, r� va t y I" 'va.t 7 EXHIBIT "A" UNION PACIFIC RAILROAD CO. TO ACCOMPANY AGREEMENT WITH CRY 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: 1-11-20M T.D.A. • C `e T.L.M. JAN 161996 Date: Folder No. 60-15 Audit No. /4 ,FZX5 Lessee: �o�rayc.a� Location: Xt-L, 2f�Q.r 0 Manager Administration - Room 1100 Q Mark your records to show the above agreement expired/cancelled effective 0 Arrange to refund any unearned rental. El Arrange to cancel any outstanding rental. cO A� Special /� , r . , 0 Coordinator -Contract & Leases - MC 9147 The new billing address for above agreement is: Name: Street: City:CODED State: By: '74"I.M. Zip: . Oate'JAN 161996 Customer Number: a51J Manager - Contracts & Real Estate CONTRACTS & REAL ESTATE T0: Analyst - Document Storage (Basement) Date: T.L.M. JAN 191995 Folder No: 42XQ" l.� Audit No: Lessee: Location: a Mark your records to show the above agreement expired/cancelled effective 0 Arrange to refund any unearned rental. Arrange to cancel any outstanding rental. �Xspecial Provisions: W"Zr6l-p- C-0-1� 1� dp �.e,Q.oC ?'0o - � sem. � 1-A Manager - Real Estate SUPPAGR.DOr- 900101 Form Approved, AVP Law SUPPLEMENTAL AGREEMENT Audit No. 108855 Folder No.: 060-15 THIS SUPPLEMENTAL AGREEMENT is made as of the -;304",_ day of 46CA*U J , 19 9(1 , 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). 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 T.L.M. Page 1 of 2 ;: DEC 61994 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'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 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 telecommm;cations system on Licensor's property, and (2) any injury to or death of any person employed by or on behalf of any telecommunications 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. Witness: UNION PACIFIC RAILROAD COMPANY i;. By Ci _(/-�C-_--Ct i7 DIRECTOR - CONTRACTS CITY OF SALINA X:Aii X eL 4. 44- Tite: C&4,r— Articles of Agreement Page 2 of 2 Form 2214 5-74-5M fir i:Wj%:,.r+ 1 o be attached to agrecutcnt :audit \o. C. D. No. 429 8 9--1-C 10 F 8 55 CA -D-_ tiro•---- �4_2 9 P.9. ---- ----- Iicttiveen UI1- , PCT_r.IC _nTT,ROAD COMPANY (Licensor_) and CITY OF SALINA, State of Kansas (TJCensee) Present Assignec (if any) - - -- Covering ;.pater and sewer line encroachments and crossings, Location near Salina, Kansas. Dated _.Aug ust__22_t___19.6.6--------- Effective Date Mar ��l_,___19_66____Expiration (Original) Mar -.___10,___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 )art hereof, is hereby adopted by said parties as their a ree- menY for a term beginning ________________________S1arCh 1 -_____________-______-, 19__ T6-, and extending to and including ---------------------.Lurch__1.Q__.-________________________- 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 %vith 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 -A&__ 19_16. 6. Made in duplicate. Witness: UNION PACIFIC_ RAILROAD __COMPANY_s________ t �t tit, Ak. u J, R PA IINJ By_ General Manager Attest: CITY OF SALINA, _ ------ --- i City Clerk z- . _ ._ Mayor 0 G= RE k 4<< RESOLUTION n s WHEREAS, UNION PACIFIC RAILROt�D COMPANY ��?� tendered = to CITY OF SALINA, State of Kansas, an agreement renewing, for a term beginning March 11, 1976, and extending to and including March 10, 1986, the contract dated August 22, 1966, covering the construction, maintenance and operation of water and sewer line encroachments and crossings, near Salina, Saline County, Kansas; such agreement being identified in the records of the railroad Co :piny as its C.D. No. 42989--1--C; and WHEREAS, the Council of the City of Salina has said proposed agreement before it and has given it careful review and consideration; and WHEREAS, it is considered that the best interests of said City of Salina, State of Kansas, will be subserved by the acceptance of said agreement: THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALINA, STATE OF KANSAS: That the terms of the agreement submitted by 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, em- powered and directed to execute said agreement on behalf of said City, and that the City Clerk of said City is hereby authc-rized and directed to attest said agreement and to attach to each dup- licate original., of said agreement a certified copy of this resolution. STATE OF KANSAS ) ss COUNTY OF SALINE ) I, , City Clerk of the City ofRalina Kansas , hereby certify that the above and foregoing is a true, full and correct copy of a resolution adopted by the Council of the City of Salina, Kansas , at a meeting held according to law at JSalina., Kansas r on the day of , 19 76 , as the same appears on file and of record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this day of , 1976 . (Seal) City Clerk of the City of Res Salina, State of Kansas. City Form 2213 8-70-25M EXTENSION RIDER To attached to agreement Audit No,________-� -'---------------____-- —_K_-- _ No.___-- ____---------___--- ----------- --- --- No.----- --------------- No._ Between Assignments—Dates and Names of Assignees: Covering J= 4h0 , . SO MA Q ,. t Location ow Dated-__i�iration (Ori anal) --- Expiration (by latest extension) Supplements, including extension riders—Dates IT IS AF'RF•_RY MUTUALLY AGR EEIp by and between the present parties to the above named agreement that the term thereof shall be .and hereby is extended to and including—arilft—___--_—_ 192M. and that all the terms and eonditiona thereof, as heretofore (if supplements to the original agreement are indicated above) or herein (if any special provisions are written below) amended, shall remain in full force and effect during the extended term, said agreement with the amendments and supplements (if any) to be subiect to termination prior to the expiration of the extended term in the same manner as is provided therein for termi- nation prior to the expiration of the term hereby extended. Special Provisions: y. Dated-,. ��`�- —� —_—_, 19Made in duplicate. Witness: - -—----=---=- -OMM ----- — DURRANT ------------------------- m- By ------ — '-- --- -- ---- -)lower -. Witness: --------- -------------- N V RESOLUTION k---------- N '"'0 WHEREAS, the Council of the City of _9- - U-` ­ has said proposed agreement before it and has given it care- ful review and consideration; and WHEREAS, itis considered that the best interests of said City of will bE $4*14-41 i I 1 .1 0 subserved by the accept9-ijE�F-F said agreement; " ORE 13E IT RESOLVED BY THE COUNCIL OF THE CITY OF Sr 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 Clerkof said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original -of said agreement a certi-. Pied copy of this resolution. ESTATE OF oleo iCOUNTY OF Man City Clerk of the City of4R9XW0*.# I fy that the above an copy of a resolutiOp ftX14*4 aoo or 90-01" , hereby certi- ogoTnE-ys ­7atj;-u_e,_f_ull and correct ted by the Council of the City of at a meeting held on the larccording to law b 19--1 an the same a cord in _f s on this office. I IN TEEEMONY WHEREOF, I have hereunto set my hand land affixed the corporate seal of said City, this day of 19 CIII (Seal) C11Wt Gleri6of - of 0 W I _t # z� C. D. No. 42989-1-B THIS SUPPLEMENTAL AGREEMENT, made and entered into this day of ► 197'-, by and between UNION PACIFIC RAILROA COMPANY, a corporation of the State of Utah (hereinafter called "Licensor"), and CITY OF SALINA, a municipal corporation of the State of Kansas (hereinafter called "Licensee"), WITNESSETH: RECITALS: The parties hereto entered into an agreement dated August 22, 1966, covering a license to con- struct, maintain and operate a 16 -inch water pipe line and a sanitary sewer pipe line (therein and hereinafter referred to collectively as "Pipe Line") in the locations shown on the print dated February 7, 1966, marked "Exhibit A," attached to and made a part thereof, for a term of five years commencing March 11, 1966, the term of said agreement, by rider dated January 4, 1971, having been extended to and including March 10, 1976. Said agreement dated August 22, 1966, as extended, shall hereinafter be referred to as the "Original Agreement." The Licensee now desires to construct, main- tain and operate an additional sanitary sewer pipe line crossing (hereinafter referred to as "Additional Pipe Line") across the property and under the track of the Licensor in the location shown in yellow on the print hereto attached dated November 2, 1973, marked "Exhibit B," and hereby made a part hereof. AGREEMENT: NOW THEREFORE, it is mutually agreed by and between the parties hereto as follows: Section 1. Effective as of // L 197, the Licensor grants to the Licensee, subject to the terms and conditions in said Original Agreement contained, the right to construct and thereafter, during the remainder of the term thereof, to maintain and operate the Additional Pipe Line across the property and under the_trabk of the Licensor in the location shown in yellow on Exhibit B. and effective as of said date, the designation "Pipe Line" wherever the same appears in said Original Agreement, as amended herein, shall be deemed to include the Additional Pipe Line provided for hereunder. 1 Section 2. This agreement is supplemental to the Original Agreement 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 agreement to be executed in duplicate as of the date first herein written. Witness:' UNION PACIFIC RAILROAD COMPANY, B General Manager Attest: (Seal) Assistant Secretary Witness: CITY OF SALINA, By Mayor Attest: (Seal) City Clerk V, RESOLUTION WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to CITY OF SALINA, State of Kansas, a supplement to agreement covering the construction, maintenance and operation of an additional sanitary sewer pipe line crossing across the property and under the track of the Railroad Company near Salina, Kansas; said supplement (hereinafter called "agreement") being identified in the records of the Railroad Company as its.C.D. No. 42989-1-B; and WHEREAS, the Council of the City of Salina has said proposed agreement before it and has given it careful review and consideration; and WHEREAS, it is considered that the best interests of said City of Salina, State of Kansas will be subserve d by. the acceptance of said agreement: THEREFORE, BE IT RESOLVED -BY THE COUNCIL OF THE CITY OF SALINA, STATE OF KANSAS: That the terms of the agreement submitted by'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, em- powered 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 dup- licate original of said agreement a certified copy of this resolution. STATE OF KANSAS sS COUNTY OF SALINE ) I - m City Clerk of the City of Salina, Kansas , hereby certify that the above and foregoing is a true, full and correct copy of a resolution adopted by the Council of the City of Salina, Kansas , at a meeting held according to law at Salina, Kansas_ r on the day of. , lg , as the same appears on file and of record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this' day of , 19 (Seal)' City Clerk of.the City of Res Salina, State of Kansas. City oil R/W UNION PACIFIC RAILROAD ON Insta 11 66 LF of 16" O.D. Steel Encasement Pipe 114' Min. Wa 11 Thickness., I fit a., cli to to Exist. 12!V.C.p M.H. A 'PLAN YON STA. M. P "5-4- 435-9.0' I Cost iron pipe 0 0.40% -SECTION VIFVV xist. Pump 0. f Exit. 9'—Fo�e—e Mein 0— — R/W UNION PACIFIC RAILROAD -Top rail elev.1250.53 =7= } 6. } i ti i 5 i L �... i 1a1' h? E {: um"Cam' "' ` OF woRk lin 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 rexpressed, with reference to th.e. Pipe Line on said right of way in the location hereinbefore described shall, so faz as Pipe ,the Line remains on the right of way, apply to the =P pe i Une as modified, changed or relocated within the contempla- tion of this section. g'section 5. NO INTERFERENCE WITH RAILROAD OPERATIONS. f The Pipe Line shall be constructed, maintained, repaired renewed, operated, used, modified`, recon strutted, relocated and/or' removed in such manner as to cause no inter- Terence whatsoever with the constant, continuous and uninter= erupted use of the tracks and other property of the Railroad ;Company, and nothing shall be done or suffered to be done by N ?the Licensee that would, in any manner, impair the safety of ,said tracks or other property.> H ;'Section 6. RESTORATION OF RAILROAD COMPAN TS PROPERTY. a In the event the Licensee shall take down any fence of the Railroad Company or, in any manner, move `or, disturb ; ;zany other property of the 'Railroad Company in connection with ;,the construction, maintenance, repair, renewal, modifica �.i;n, ;reconstruction, relocation or removal of the Pipe Line, there, sand in that event, the Licensee shall, as soon as possible land at. the sole expense of the Licensee, restore such fence Mand/or such other property to the same `condition as it was in ; before such fence was taken down or such other property was Imo or disturbed, and the Licensee shall indemnify and save_ i charmless the Railroad Company from and against any and..- all iability, loss, damages, claims, demarids,.� costs and expenses, , of�ilatso+ever nature, including court costs'and'attorn.eys? fees, which may result from injur..y.to or,.death of persons % I n the #Tint, E fta�:� d "shall chi sPose �f eny of its property apMwhich thePipe Line is wed, herein px^o�vided, the lioense or permit herein granted, wit,` respeCt to the portion, of the-Pipe Lire located u arty so disposed of, shall forthwith cease and de t Section 8. LIABILITY. The Licensee shall. indemnify and hold harmless the, -- Railroad Company from and against any I and all liability, loss, damage, claims demands,. costs and expenses of whatsoeve nature, -nciud-ng court costs. and, attorneys' fees, which may result from injury to or.death of persons whomsoever, or dam- I age `to orloss 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 custo- 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 wha so ever is due to, or arises because of, the existence of the P `p� pe,line or the construc° - tion, operation, maintenance,. repa, , xewal,,,.ymodification, reconstruction, relocation or removal of the Pape 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?eause whatsoever. Sectio60 n 9�: TERMINATION ON NONUSER OR DEFAULT.4 If the Licensee does not rise the right herV_inrgait� k ed or the .Pipe Line for one year, "or if the Lictlia,ee l, co in default in the performance of an covenant pr, a F herein contained for a period' of th Y 00') daya k ten notice from the Railroad Company to the Lcz Z ing such- .default, the Railroad Company r ay, at ` 4 • ' forthwith terminate this agreement. Nb�ce notice of termination .may be ;s£ uppi'� 4 ing .to the last known a.d.drels, orf" t L o may. a � a lection 10. 'RENAL 'QF PIPE'��w,r� �� A Y -1 g .. •:, r� ry � ^i � �= � 7 � �� � � � � �� � ".�'1 Afvr� � i ,s 47 titi s �§ � irk _. �y 4 Y � � 4 t u�� �"�� �'b .A t TiY � � �? Y� �:� � �. 2 ��Y �.�ies�ky �� � r � Y�{