C.D. # 6723-1 Iron Ave Street Crossing AgreementDUPLICATE ORIGINAL
Rights Agreement UPRR Counterpart
M.P. 1.13,
Salina, Kansas. C.D. No. 6723-1
THIS AGREEMENT, made and entered into as of the
1st day of April, 1983, by and between UNION PACIFIC
RAILROAD COMPANY, a corporation of the State of Utah
(hereinafter the Railroad Company), and the CITY OF SALINA,
a municipal corporation of the State of Kansas (hereinafter
the Political Body), WITNESSETH:
RECITALS:
The Political Body desires the right to use for
public roadway purposes that portion of the right-of-
way of the Railroad Company (hereinafter the Crossing
Area) at Mile Post 1.13, shown outlined in yellow on
the Exhibit A print dated. March 8, 1983 , hereto
attached and hereby made a part hereof. The Railroad
Company shall continue to maintain and operate a Road
Crossing at the location shown in green on Exhibit A
hereto attached.
AGREEMENT:
NOW THEREFORE, it is mutually agreed by and
between the parties hereto as follows: .
Section 1. RAILROAD COMPANY GRANTS RIGHT.
In consideration of the covenants and agreements
herein contained to be by the Political Body kept, observed,
and performed, the Railroad Company hereby grants to the
Political Body, subject to the terms and conditions herein
stated,.the right during the term hereof, to establish,
maintain and use a public highway on said right-of-way and
over the tracks of the Railroad Company in the location
shown outlined in yellow on Exhibit A hereto.
The foregoing grant is subject and subordinate to
the prior and continuing right and obligation of the
Railroad 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 Railroad Company to construct, maintain, use, and
operate existing and additional railroad tracks, telegraph,
telephone, signal, or other pole and wire lines, pipe lines,
and other facilities upon, along, or across any or all parts
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of said.Crossing Area, all or any of which may be freely
done at any time or times by the Railroad Company without
any liability to the Political Body or to anyone for
compensation or damages for abrogating the grant herein
contained.
Said grant also is made subject. to all outstanding
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 enjoyment.
Section 2. CONSTRUCTION - MAINTENANCE - ALL WORK
TO BE DONE UNDER RAILROAD COMPANY SUPERVISION.
The Political Body has constructed, or caused to
be constructed, a public road over the Crossing Area. The
Political Body, without expense to the Railroad Company,
shall maintain, or cause to.be maintained, the public road
on the -Crossing Area, except the portions thereof between
the track tie ends, which portions shall be maintained by
and at the expense of the Railroad Company.
All work done, or caused to be done, by the Polit-
ical Body on the Crossing Area shall be under,the
supervision and to the satisfaction of the Railroad Company.
The Political Body shall ascertain the Railroad Company's
flagging requirements and make arrangements with the
Railroad Company.for flagman services at such times as the
Railroad Company may deem necessary or desirable while
occupying or performing any work upon the Crossing Area, and
all expense so incurred shall be�paid for by the Political
Body.,
Section 3. POLITICAL BODY TO ASSUME TAXES'AND ASSESSMENTS.
The Political Body agrees to assume all taxes and
assessments lawfully levied upon the Crossing Area during
the continuance of this agreement, including assessments
levied by improvement district(s), but not including taxes
and assessments levied against the Crossing Area as a
component part of the railroad property of the Railroad
Company in the state as a whole; to keep the Crossing Area
free from combustible material; to plant no trees or
shrubbery in the Crossing Area, and to erect no structures
thereon except such as may be necessary for public roadway
purposes; to put nothing upon the Crossing Area which might
obstruct or interfere with'the view; and the Political Body
waives any claim for damages which it may have in the future
OA
against the Railroad Company arising from damage to the
public roadway resulting from fire caused directly or
indirectly'by sparks or fire emitted from the engines or
trains of the Railroad Company, or from the construction or
maintenance of drainage ditches or waterways by the.Railroad
Company.
No special assessments for constructing or main-
taining,the public roadway located on the Crossing Area
shall be made by the Political Body against the adjacent
railroad right-of-way of the Railroad Company.
Section 4. CROSSING AREA TO BE USED
FOR PUBLIC ROADWAY ONLY.
The Political Body shall not use the Crossing Area
or permit it to be used except for the usual and ordinary
purposes of a public roadway, and it is expressly understood
and agreed that such purposes shall not be deemed to,include
the use by the Political Body or others of the Crossing Area
for railroad, street or interurban railway, or other rail
transportation purposes or for the, construction or
maintenance of electric power transmission lines, or gas,
oil or gasoline pipe lines; provided, however, that the
Political Body shall have the right and privilege to
construct walkways, but only within the eight -foot area
adjacent to the curblines of the street; and provided
further that any work to be done within the track area will
be performed by the Railroad Company at the expense of the
Political Body.
Section 5. ALL WORK TO BE DONE SAFELY AND WITHOUT
INTERFERENCE TO RAILROAD COMPANY.
All work done upon the Crossing Area by or on
behalf of the Political Body shall be prosecuted with due
care, skill and diligence, and, in all,matters relating to,
the safety of railroad operations or the protection of the
railroad and the Railroad Company's employees, such work
shall be done in conformance with the directions of the
Railroad Company. Work done by or on behalf of the
Political Body upon said Crossing Area shall not interfere
with the continuous or uninterrupted use and operation of
the railroad.
Section 6. INSURANCE.
Before permitting any contractor to perform work
on the property of the Railroad Company, the Political Body
shall require such contractor or cause such contractor to
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furnish and maintain in force as long as such work shall
continue upon the property insurance on behalf of Union Pac-
ific Railroad Company in the form and with coverage and pro-
visions contained in the Railroad Protective Liability Form,
marked Exhibit B, hereto attached, provided, however, the
amount of coverage shall be an amount consistent with the
Railroad Company's policy for insurance coverage in exis-
tence at the time.the work is performed.
The original of such policy of insurance in favor
of the Railroad Company shall be furnished to the Political
Body for transmittal to the Railroad Company's Chief
Engineer at Omaha, Nebraska, before starting the work.
Section 7. CHANGES IN GRADE.
If the Railroad Company at any time shall be
required by competent authority, to raise or lower the grade
of all or any part of its track or tracks located in said
Crossing Area, the Political Body, without expense to the
Railroad Company, shall change the portion of said public
roadways on said Crossing Area to conform with the change of
grade required by the Railroad Company.
Section 8. LIABILITY.
The Political Body, to the extent that it lawfully
may, assumes all `loss, damage, claims, demands, actions,
causes of action, costs, and expenses of whatsoever nature
growing out of injury to or death of persons whomsoever or
loss or destruction of or damage to property whatsoever (in-
cluding damage to the roadbed, tracks, equipment, or other
property of the Railroad Company) where such injury, death,
loss, destruction or damage arises in any way in connection
with or incident to the construction or maintenance of said
public roadway, and the Political Body, to the extent that
it lawfully may, hereby agrees to indemnify and hold
harmless the Railroad Company against and from any and all
such loss, damage, claims, demands, actions, causes of
action, costs, and expenses; PROVIDED, however, that this
indemnity on the part of the Political Body shall not
include or cover loss, damage, claims, demands, actions,
causes of action, costs or expenses growing out of injury to
or death of persons traveling upon the said public roadways
or loss or destruction of or damage to the property of such
persons resulting directly from the sole negligence of the
Railroad Company.
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Section 9. TERMINATION.
Nonuser by the Political Body of the Crossing, Area
for public roadway purposes continuing at any time for a
period of eighteen (18) months shall, at the option of the
Railroad Company, work a termination of this agreement and
of all rights of the Political Body hereunder.
If the Political Body shall breach or fail to keep
or perform any of the covenants or agreements herein stated
and shall fail to remedy any default on the part of the
Political Body for thirty (30) days after written notice by
the Railroad Company to the Political Body pointing out such
default, then, upon the expiration of such thirty -day
period, this agreement shall terminate and be of no further
force or effect.
No termination of this agreement shall affect any
rights or obligations of the parties hereto which may have
accrued, or liabilities, accrued or otherwise, which may
have arisen prior to such termination.
Section 10. WAIVER OF BREACH.
The waiver by the Railroad Company of a breach of
any condition, covenant or agreement herein contained to be
kept, observed, and performed by the Political Body shall
not impair the right of the Railroad Company to avail itself
of any subsequent breach thereof.
Section 11. EFFECTIVE DATE.
This agreement shall take effect as of the date
first herein written and shall continue in full force and
effect until terminated as herein provided.
Section 12. RIGHT NOT TRANSFERABLE.
The Political Body agrees not to transfer or
assign this agreement, or any interest therein, or any right
granted thereunder, without the written consent of the
Railroad Company, and it is agreed that any such transfer or
assignment, whether voluntary, by operation of law, or
otherwise, without such written consent, shall be absolutely
void and shall, at the option of the Railroad Company,
terminate this agreement.
Section 13. AGREEMENT BINDING.
Subject to the provisions of Section 12 hereof,
this agreement shall inure to the benefit of and be binding
upon the parties hereto, their successors and assigns.
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IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed in duplicate as of the date
first. he;eln written.
Witneii, UNION PACIFIC RAILROAD COMPANY,
By
Ti le: CHIEF. ENGINEER
Attest: CITY OF SALINA,
` U
B c--'
Y
City Clerk Mayor
(Seal)
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RESOLUTION NUMBER 84-3717
WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to
the CITY OF SALINA, State of Kansas, a rights agreement covering public
road crossing, M.P. 1.13, Salina, Kansas; such agreement being identified
in the records of the Railroad Company as its C.D. No. 6723-1; and
WHEREAS, the Board of Commissioners of said City 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 will
be subserved by the acceptance of said agreement; SO NOW, THEREFORE
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
That the terms of 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, 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.
Adopted by the Board of Commissioners and signed by the Mayor this
4th day of June, 1984.
"Charles B. Roth, l.
[SEAL]
ATTEST:
&41'�
Harrison, City Clerk
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
I, D. L. Harrison, City Clerk of the City of Salina, Kansas, do hereby
certify that Resolution Number 84-3717 was adopted by the Board of Commissioners
at its regular meeting on June 4, 1984, and that the above and foregoing is
a true and correct copy of the original on file in my office.
[SEAL]
w—
D. L. Harrison, City Clerk
les.
:ity
RESOLUTION •`
WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered
to CITY OT SALINA, State of Kansas, a rights agreement covering
public va8-crossing, M.P. .1.13, Salina, Kansas; such agreement.
bein" ed in the records of the Railroad Company as its
C. D.J.: -6,723-1 and
WHEREAS, the Council of said City has said proposed
agreement before it and has given it careful review and con-
sideration; and
WHEREAS, it is considered that the best interests
of said City will be subserved by -the acceptance of said
agreement;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF SALINA ,.STATE Or 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,
empowered, and directedto 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.certi-
-%ed .. copy vf this resolution.
STATE OF -KANSAS
)
COUNTY OF SALINE )SS.
,�/�•gepfS�N•
-
Clerk of the City of City
Sal;na4 xansas 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 atSalina, Kansas
on.the
day of 19 ,.
as the same, 9p on file an of recordin t is office.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and affixed the corporate seal of said City, this
day of 19.
( SEAL)
City Cle=ft ct . the City of
Salina, State of Kansas
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EXHIBIT "A"
UNION PACIFIC RAILROAD COMPANY
c Salina, Saline County, Kansas
M.P. 1.13 - McPherson Branch
N
To accompany agreement with City of
Salina covering use of right of way
for public road crossing purposes.
Scale 1" 100'
Office of Director - Real Estate
1 i ; Omaha, Nebraska March 8, 1983
TPermanent use area shown .......... YELLOW
1 Road crossing shown................GREEN
Road crossing sign shown ........... PINK
UPRRCo R/W outlined
.................RED
June 30, 1967.
EXHIBIT B
For attachment to C.D. No. 6723-1
STANDARD PROVISIONS FOR GENERAL LIABILITY POLICIES
RAILROAD PROTECTIVE LIABILITY FORM
Including Instructions for
Preparation of Policies by Companies
June 30, 1967.
STANDARD PROVISIONS FOR GM'E_1AL LIABILITY POLICIES
Railroad Protective Liability Form
G ERAL INSTRUCTIONS
1. Standard Language
Page 1
This form is expressed in standard language which may not be amended and
no part of which may be omitted except (a) as indicated by these instructions,
or (b) as indicated in reference notes shown below referring to specific por-
tions of the form, or (c) by an endorsement which states an amendment or
exclusion of some provision of the form in accordance with the provisions of
a manual rule, the form of which endorsement has been approved, if required,
by the s,riervising authority of the state in which the policy is issued.
2. Optional Sequence and Arrangement
The several parts of the form, viz. "Insuring Agreements," "Exclusions,"
"Conditions" and "Declarations" may appear in the policy in such sequence as
the co" --=y may elect and the sequende and arrangement of the several pro-
visions of those parts are also optional with the company.
3. Descriptive Headings --Identifying or Indexing Designations
The descriptive headings of the parts of the form (as quoted above) and
of the major insuring agreements ("Bodily Injury Liability," "Property Dam-
age Liability," etc.) are standard expressions which ray not be amended or
omitted, but all. other identifying or indexing designations (such as .
"Coverage A," "Defense, Settlement, Supplementary Payments," "Cancelation,"
etc.), including literal or numerical designations or paragraphs or phrases,
may be amended or omitted at the company's option. When such identifying or
indexing designations, used for the purpose of reference in the text of the
form or any endorsement form applicable thereto, are amended or omitted,
descriptive designations shall be substituted therefor.
4. Additional Coverages or Companies, Explanatory or Connective Language
When policies are issued to provide insurance in this form to - th
insurance covering other risks, the addition of necessary explanatory or
connective language which does not amend the expression of this form is per-
missible and the introductory language of the "Insuring Agreements" which
provides for the issuance of a policy by two companies may be used and, if
necessary, paraphrased to permit such policies to be issued by more than two
companies.
5. Declarations --Including Other Risks .
A common set of declarations may be used in those cases where policies in
this form are issued with policies covering other risks.
s
Page 2.
r�
June 30, 1967.
*6. Installment Premium Payment
Policies written to provide for payment of premium in installments may
provide for lapse or suspension of the policy upon default of payment when due.
*TTot applicable in Texas
T. Addition of Coverage by Endorsement
When insuring agreements and other provisions relating to any particular
class of insurance are added to this policy by endorsement, such additional
insurance must be expressed in approved standard language relating to the
particular class and must be subject to all standard provisions applicable
to that class by the expressions of the endorsement or of the policy or
of both taken together..
8. Definition of "Standard" and "Approved"
".Standard language" or "approved standard language" when used in these
instructions means the form and endorsements either prescribed or approved
by the insurance supervising authority of the state•in which policy forms.
and endorsements are approved or prescribed. In those states where super-
vising authorities do not have the authority to approve or prescribe poli-
cies, forms and endorsements, the terms mean the forms and endorsements
adopted by the companies for use in such states.
9. Premium Statement
The statement with respect to payment of premium may be amended by an.
endorsement to make necessary provision with respect to payment of premium,
payment of additional premium and return of premium Mad dividends * under
the policy.
10. Special Conditions for Mutuals, Reciprocals, and Participating Stock
Companies
When the policy is issued by a mutual company, a reciprocal associ-
ation or a participating stock company having special provisions appli-
cable to its membership or policyholders, such provisions, when approved
by the supervising authority of the state in which the policy is issued if
such approval is required, may be inserted in the policy.
*See General Instruction 10
' June 30, 1967. Page 3.
REFERENCE NOTES
1—Matter in brackets may be included, omitted or amended at the option
of the company.
2—The effective hour and date of the policy may be typed or printed in
this space.
3—A statement may be added that a definite notation may be made in the
premium column to show that a particular coverage is not afforded.
4—Nams of company may be shown.
5—The capacity of the person countersigning may be stated.
6—Additional declarations of this type, calling for general information
or information regarding installment payment of'premium, may be used
at the option of the company.
7—The name ar_3 location of the co—".,o,,
ny are to be stated. The type of
the company and the word used throughout the policy suitably to desig-
nate the company are to be stated.
8—The language of this paragraph is optional with the company.
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BLANK INDEMNITY COMPANY
BLANK INSURANCE COMPANY
Pilroad Protective Liability Policy No.
DECLARATIONS
Item 1.
Named Insured UNION PACIFIC RAILROAD COMPANY
Address
1416 Dodge Street Omaha Douglas Nebraska 68179
No. Street Town or City 1 County state
.Item 2.
Policy Periods From _ (see Reference No. 2) to
12:01 A.M., standard time at the designated job site.as stated herein.
Item 3.
The lnsurannge afforded is only with respect to such of the following. coverages as are indicated
[in Item 6] by
specific premium charge or charges. The limit of the company's liability against
such coverage or coverages shall be as stated herein, subject to all the terms of this policy -having
reference thereto. (See Reference Note 3.)
Coverages Limits of Liability
A Bod11y Injury Liability )
$2,000,000.00 per occurrence
B Property Damage Liability ) combined single limit
b $6,000,000.00 aggregate
C and Physical Damage to Property
Item 4.
Name and Address of Contractor
Item 5.
Noma and Address of Governmental Authority for whom the work by the contractor is being performed
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Advance
Premium Rates Premiums
Item 6. Designation of the Job Site and Bases Coverage A Coverages B & C CoverageA Coverages B & C
Description of Work
Contract Cost Per $100 of Cost
Rental Cost Per $100 of Rental Cost
EIf
Policy Period more than one year:
miumis payable: On effective date of Policy $ 1st Annivere
ary.$ 2nd Anniversary $
Date and Place of Issue 1
1
Countersigned 19 at by
See Reference Note 5
A. Renewal of Policy number. C. Endorsement serial numbers. 6
B. The named insured is a corporation. D. Rating plan or premium discount.
l
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July 13, 1967. Page 6.
(For policy issued by one company)
BLANK INDEMNITY COMPANY
7
(A insurance company, herein called the company)
Agrees with the insured, named in the declarations made a part hereof, in
consideration of the payment of the premium and in reliance upon the state-
ments in the declarations made by the'name insured and subject to all of
the terms of this policy:
(For policy issued by two companies)
BLANK INDEMNITY COMPANY
and
BLANK INSURANCE COMPANY
7
(Each a insurance company, herein called the company)
Severally agree with the insured, named in the declarations made a part
hereof, in consideration of the payment of the premium and in reliance upon
the statements in the declarations made by the named insured and subject
to all of the terms of this policy, provided the Blank Indemnity Company
shall be the insurer with respect to coverage and no
other and the Blank Insurance Company shall be the insurer with respect to
coverage and no other:
INSURING AGREEMENTS
* 1. Coverage A - Bodily Injury Liability
To,pay on behalf of the insured all sums which the insured shall be-
come legally obligated to pay as damages because of bodily injury, sickness,
or disease, including death at any time resulting therefrom, hereinafter
called "bodily injury," either (1) sustained by any person arising out of
acts or omissions at the designated job site which are related to or are in
connection with the work described in Item 6 of the Declarations, or (2)
sustained at the designated job site by the contractor or any employee of the
contractor, or by any employee of the governmental authority specified in
Item 5 of the Declarations, or by any designated employee of the insured,
whether or not arising out of such acts or omissions.
Coverage B - Property Damage Liability
To pay on behalf of the insured all sums which the insured shall
become legally obligated to pay as damages because of physical injury to
or destruction of property, including loss of use of any property due to
such injury or destruction, hereinafter called "property damage" arising
out of acts or omissions at the designated job site which are related to
or are in connection with the work described in Item 6 of the declarations.
June 30., 1967. Page 7.
Covera -e C - Physical Damage to Property
To pay for direct and accidental loss of or damage to rolling stock
and their contents, mechanical construction equipment, or motive power
equipment, hereinafter called loss, arising out of acts or omissions at
the designated job site which are related to or are in connection with
the work. described in Item 6'of the declarations; provided such property
is owned by the named insured or is leased or entrusted to the named
insured under a lease or trust a,-,reement.
17. Def initions
(a) Insured - The unqualified word "insured" includes the named insured
and also includes any executive officer, director or stockholder
thereof while acting within the scope of his duties as such.
(b) Contractor - The word "contractor" means the contractor designated
in Item 4 of the declarations and includes all subcontractors of
said contractor but shall not include the na~ed insured.
(c) Desij* ted e---nlcyee of the insured - The words "desio &ted employee
of the insured{ mean:
(1) any supervisory employee of the insured at the job site,
2) any employee of the insured while operating, attached to or
engaged on Work trains or other railroad equipment at the job
site which are assigned exclusively to the contractor, or
(3) any employee of the insured not within (1) or (2) who is
specifically loaned or assigned to the work of the contractor
for prevention of accidents or protection of property, the cost
of whose services is borne specifically by the contractor or .
by governmental authority.
(d) Contract - The word "contract" means any contract or agreement to
carry a person or property for a consideration or any lease, trust
or interchange contract or agreement respecting motive power, roll -
Ing stock or mechanical construction equipment.
III. Defense, Settle -meat, Supplementary Payments
With respect to such insurance as is afforded by this policy under
coverages A and B, the company shall:
(a) defend any suit against the insured alleging such bodily injury or
property damage and seeking damages which are payable under the
terms of this policy, even if any of the allegations of the suit
are groundless, false or fraudulent, but the company may make such
investigation and settlement of any claim or suit as it Seems
expedient;
(b) pay, in addition to the applicable limits of liability:
(1) all expenses incurred by the company, all costs taxed against
the insured in any such suit and all interest on the entire .
June 30, 1967. Page 8.
amount of any judgment therein which accrues after entry of
the judglAnt and before the company has paid or tendered or
deposited in court that part of the judgment which does not
exceed the limit of the company's liability thereon;
(2) premiums on appeal bonds required in any such suit, premiums
on bonds to release attachments for an amount not in excess
of the applicable limit of liability of this policy, but
without obligation to apply for or furnish any such bonds;
(3) expenses incurred by the insured for such immediate medical
and surgical relief to others as shall be imperative at the
time of the occurrence;
(4) all reasonable expenses, other than loss of earnings, incurred
by the insured at the company's request.
IV. Policy Feriod. Territory .
This policy applies orLly to occurrences and losses during the
policy period and within the.United States of America, its territories
or possessions, or Canada.
EXCLUSIONS
This policy does not apply:
(a) to liability assumed by the insured under any contract or agreement
except a contract as defined herein;
(b) to bodily injury or property damage caused intentionally by or at
the direction of the insured;
(c) to bodily injury, property damage or loss which occurs after
notification to the named insured of the acceptance of the work
by the governmental authority, other than bodily injury, property
damage or loss resulting from the existence or removal of tools,
uninstalled equipment and abandoned or unused materials;
(d) under coverages A (1), B and C, to bodily injury, property damage
or loss, the sole proximate cause of which is an act or omission
of any insured other than acts or omissions of any designated
employee of any insured;
(e) under Coverage A, to any obligation for which the insured or any
carrier as his insurer may be held liable under any workmen's
compensation, unemployment compensation or disability benefits
law, or under any similar law; provided that the Federal Employers!
Liability Act, U. S. Code (1946) Title 45, Sections 51-60, as maended,
shall for the purposes of this insurance be deemed not to be arq
similar law;
(f) under coverage B, to injury to or destruction of property (i) owned
by the named insured or (ii) leased or entrusted to the named insured
under a lease or trust agreement.
September 29, 1967.
(g)
Page 9.
1. Under any Liability Coverage, to injury, sickness, disease, death
or destruction
(a) with respect to which an insured under the policy is also
an insured under a nuclear energy liability policy issued
by Nuclear Energy Liability 'Insurance Association, Mutual
Atomic Energy Liability Underwriters or Nuclear Insurance
Association of Canada, or would be an insured under any such
policy but for its termination -upon exhaustion of its limit
of liability; or
(b) resulting from the hazardous properties of nuclear material
and with respect to which (1) any person or organization is
required to maintain financial protection pursuant to the
Atomic Energy Act of 1954, or any law amendatory thereof, or
(2) the insured is, or had this policy not been issued would
be, entitled to indemnity from the United States of America,
or any agency thereof, under any agreement entered into by
the United States of America, or any agency thereof, with
any person or organization.
2. Under any Medical.Payments Coverage, or under any Supplementary -
Payments provision relating to immediate medical or surgical relief,
to expenses incurred with respect to bodily injury, sickness, disease
or death resulting from the hazardous properties of nuclear material
and arising out of the operation of a nuclear facility by any
person or organization.
3. Under any Liability Coverage, to injury, sickness, disease, death
or destruction resulting from the hazardous properties of nuclear
material, if
(a) the nuclear material (1) is at any nuclear facility owned
by, or operated by or on behalf of, an insured or (2) has
been discharged or dispersed therefrom;
(b) the nuclear material is contained in spent fuel or waste at
any time possessed, handled, used, processed, stored, trans-
ported or disposed of by or on behalf of an insured; or
(c) the injury, sickness, disease, death or destruction arises
out of the furnishing by an insured of services, materials,
parts or equipment in connection with the planning, construction,
maintenance, operation or use of any nuclear facility, but
if such facility is located within the United States of
America, its territories or possessions or Canada, this
exclusion (c) applies only to injury to or destruction of
property at such nuclear facility.
September 29, 1967. Page 10.
4. As used in this exclusion:
"hazardous properties" include radioactive, toxic or explosive
properties;
"nuclear material" means source material, special nuclear material
or byproduct material;
"source material", "special nuclear material", and "byproduct
material" have the. meanings given them in the. Atomic Energy Act
of 1954 or in any law amendatory thereof;
"spent fuel" means any fuel element or fuel component, solid or
liquid, which has been used or exposed to radiation in a nuclear
reactor;
"waste" means any waste material (1) containing byproduct material
and (2) resulting from the operation by any person or organization
of any nuclear facility included within the definition of nuclear
facility under paragraph (a) or (b) thereof;
"nuclear facility" means
(a) any nuclear reactor
(b) any equipment or device designed or used for (1) separating
the isotopes of uranium or plutonium, (2) processing or
utilizing spent fuel, or (3) handling, processing or .
packaging waste,
(c) any equipment or device used for the processing, fabricating
or alloying of special nuclear material if at any time the
total amount of such material in the custody of the insured
at the premises where such equipment or device is located
consists of or contains more than 25 grams of plutonium or
uranium 233 or any combination thereof, or more than 250
grams of uranium 235,
(d) any structure, basin, excavation, premises or place prepared
or used for the storage or disposal of waste,
and includes the site on which any of the foregoing is located,
all operations conducted on such site and all premises used for
such operations;
"nuclear reactor" means any apparatus designed or used to sustain
nuclear fission in a self-supporting chain reaction or to contain
a critical mass of fissionable material;
With respect to injury to or destruction of property, the word
"injury" or "destruction" includes all forms of radioactive
contamination of property.
(h) under Coverage C, to loss due to nuclear reaction, nuclear radiation
or radioactive contamination, or to any act or condition incident to,
any of the foregoing.
T.
June 30, 1967.
CONDITIOIJS
Page 11.
[The conditions, except conditions 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, apply
to all coverages. Conditions 3, 4. 5, 6, 7, 8, 9, 10, 11, and 12 apply only
to the coverage noted thereunder.].I.
1. Premium The premium bases and rates for the hazards described in the
declarations are stated therein. Premium bases and rates for hazards
not so described are those applicable in accordance with.the manuals in
use by the company.
The term "contract costs' means the total cost of all work described in
Item 6 of the declarations.
The term "rental costa means the total, cost to the contractor for rental
of work trains or other railroad equipment, including the remuneration of all
employees of the insured while operating, attached to or engaged thereon.
The advance premium stated in the declarations is an estimated premium
only. Upon termination of this policy the earned premium shall be computed
in accordance with the companyts rules, rates, rating plans, premiums and
mL=Lm.:m premiums applicable to this insurance. If the earned premium thus
computed exceeds the estimated advance premium paid, the company shall look
to the contractor specified in the declarations for any such excess; if less,
the company shall return to the said contractor the unearned portion paid.
In no event shall payment of premium be an obligation of the named insured.
2. Inspection The named insured shall make available to the company records
of information relating to the subject matter of this insurance.
The company shall be permitted to inspect all operations in connection with
the work described in Item 6 of the declarations.
3. Limits of Liability The limit of bodily injury liability stated in the
Coverage A declarations as applicable to "each person" is the
limit of the compaxq's liability for all damages, including damages for care
and loss of services, arising out of bodily injury sustained by one person
as the result of any one occurrence; the limit of such liability stated in
the declarations as applicable to "each occurrence" is, subject to the above
provision respecting each person, the total limit of the company's liability
for all such damage arising out of bodily injury sustained by two or more
persons as the result of any one occurrence.
4. Limits of Liability The limit of liability under coverages B and C stated
Coverages B and C in the declarations as applZcable to "each occurrence"
is the total limit of the companyts liability for all damages and all loss
under coverages B and C combined arising out of physical injury to, destruction
or loss of all property of one or more persons or organizations, including the
loss of use of any property due to such injury or destruction under coverage
B. as the result of any one occurrence.
Subject to the above provision respecting "each occurrence," the limit of
liability under coverages B and C stated in the declaration as ttaggregate" is
the total limit of the company's liability for all damages and all loss under
coveragesB and C combined arising out of physical injury to,
M. y
June 30, 1967.
destrction of loss of property, including the loss of use of any property
due to suzh injury or destruction under Coverage B.
Under Coverage C, the limit of the companyts liability for loss shall
not exceed the actual cash value of the property, or if the loss is of a
part thereof the actual cash value of such part, at time of loss, nor what
it would then cost to repair or replace the property or such part thereof
with other of like kind and quality,
5. Severability of Interests The term "the insured" is used severally and
Coverages A and B not collectively, but the inclusion herein
of more than one insured shall not operate to increase the limits of the
company's liability.
6. Notice in the event of an occurrence or loss, written notice contain—
ing particulars sufficient to identify the insured and also reasonably
obtainable information with respect to tie time, place and circ stances
thereof, and the nares and addresses of the injured and of available wit—
nesses, shall be given by or for the insured to the company or any of its
authorized ap-e is as soon as practicable. If claim is made or suit is
brought against the insured, he shall i=ediately fon:-ard to the company
every demand, notice, aumaona or other process received by him or his
representative..
7. Assistance and Cooperation of the Insured The insured shall cooperate
Coverages A and B with the company and, upon
the company's request, attend hearings and trials and assist in making
settlements, securing and giving evidence, obtaining the attendance of wit—
nesses and in the conduct of suits. The insured shall not, except at his
own cost, voluntarily make any payment, assume any obligation or incur any
expense other than for such imrsdiate medical and surgical relief to others
as shall be iiperative at the time of accident.
8. Action A7ast Comp No action shall lie against the company unless,
Coverages. A and B as a condition precedent thereto, the insured
shall have fully complied with all the terns of this policy, nor until the
amount of the i.nsuredts obligation to pay shall have been finally determined
either by judgment against the insurzd after actual trial or by written
agreement of the insured, the clai==m: and the company.
Any person or organization or the legal representative thereof who has
secured such judgment or written agreement shall thereafter be entitled to
recover under this policy to the extent of the insurance afforded by this
policy. No person or organization shall have any right under this policy
to join the com-pany as a party to any action against the insured to determine
the insuredts liability. Bankruptcy or insolvency of the insured or of the
insured's estate shall not relieve the company of any of its obligations
hereunder.
Coverage C No action shall lie against the company unless, as a con—
dition precedent thereto, there shall have been full compliance with all
the terms on this policy nor until thirty days after proof of loss is filed
and the amount of loss is determined as provided in this policy.
9. Insu-red's Duties in Event of Loss Ind= event of loss the insured
Coverage C
Page 12.
June 30, 1967. Page 13.
(a) protect the property, '�:hether or not the loss is covered by this
policy, and any further loss due to the insured's failure to pro-
tect shall not be recoverable under this policy; reasonable
expenses incurred in affording such protection shall be deemed
incurred at the companyvs request;
(b) file with the company, as soon as practicable after loss, his
sworn proof of loss in such form and including such information
as the company may reasonably require and shall, upon the com-
pany's
ompang's request, exhibit the damaged property.
10. Appraisal If the insured and the company fail to agree as to the
Coverage C•amount of loss, either may, within 60 days after the proof
of loss is filed, dem-and an appraisal of the loss. In such event the
insured and the company shat each select*a cc--peteat appraiser, and the
appraisers shall select a'competent and disinterested umpire. The apprais-
ers shall state separately the actual cash value and the amount of loss and
faili,�L to agree shall submit their differences to the =pire. An award in
writing of any two shall determine the amount of loss. The insured and the
aomipany chall each pay his chosen appraiser and shall bear Equally the other
expenses of the appraisal and umpire.
The company shall not be held to have waived any of its rights by any
act relating to appraisal.
11. Payment of Lass . The company may pay for the loss in money but there
Coverage C shall be no abandonment of the damaged property to
the company.
12. No Benefit to 3ailee The insurance afforded by this policy shall not
Coverage C enure directly or indirectly to the benefit of
any carrier or bailee, other than the named insured, liable for loss to
the property.
13. Subrogation In the event of any payment under this policy, the com-
pany shall be subrogated to all the insured's rights of recovery, therefor
against any person or organization and the insured shall execute and
deliver instruments and papers.and do whatever else is necessary to secure
such rights. The insured shall do nothing after loss to prejudice such
rights.
14. Arplication of Insurance The insurance afforded by this policy is
primary insurance.
15. Three Year Policy A policy period of three years is comprised of
three consecutive annual periods. Computation and adjustment of earned
premium shall be made at the end of each annual period. Aggregate limits
of liability as stated in this policy shall apply separately to each
annual period.
16. Charges Notice to any agent or knowledge possessed by any agent or
by any other person shall not effect a waiver or a change in any part
of this policy or estop the company from asserting any right under the terms
of this policy; nor shall the terms of this policy be waived or changed,
except by endorsement issued to form a part of this policy[ signed by
(here insert titles of authorized company officials
or representatives); provided, however changes may be made in the written
portion of the declaration by (here insert titles
June 30, 1967. Page 14.
of authorized company representatives) when initialed by such
(here insert titles of authorized company representatives) or by endorsement
issued to fo:-n a part of this policy signed by such (here
insert titles of authorized company representatives)] I.
17. Assignment Assignment of interest under this policy shall not bind the
company until its consent is endorsed hereon.
18. Cancelation This policy may be canceled .by the named insured by
mailing to the company written notice stating when thereafter the cancela-
tion shall be effective. This policy may be canceled by the company by
mailing to the named insured, contractor and governmental authority at the
respective addresses shown in this policy written notice stating when not
less than thirty days thereafter such cancelation shall be effective. The
mailing of notice as aforesaid shall be sufficient proof of notice. The
effective date and hour of cancelation stated in the notice shall become the
end of the policy period. Delivery of such written notice either by the
named insured or by the company shall be equivalent to mailing.
If the named insured cancels, earned premium shall be computed in
accordance with the custo=ary short rate table and procedure.' If the com-
pany cancels, earned premia -m shall be computed pro rata. Premium adjust-
ment may be :rade either at the time cancelation is effected or as soon as
practicable after cancelation becomes effective,: but pa•,^ent or tender of
unearned premium is not a condition of cancelation.
19. Declarations By acceptance of this policy the named insured agrees that
such statement in the declarations as are made by him are his agreements and
representations, that this policy is issued in reliance upon the truth of
such representations and that this policy embodies all agreements existing
between himself and the company or any of its agents relating to this insurance.
(For policy issued by one company)
In witness whereof, the Blank Indemnity Company has caused this policy to
be signed by its president and a secretary at and countersigned
on the declarations page by a duly authorized.agent of the company.
(FACSI,aLE OF SIGNATURE) (FACSTIIILE OF SIGNATURE)
Secretary President
(For policy issued by two companies)
In witness whereof, the Blank Indemnity Company has caused this policy
with respect to coverages and such other parts of the policy as
are applicable thereto, to be signed by its president and a secretary at 8
and countersigned on the declarations page by a duly authorized
agent of the company.
(FACSr.:ILE OF SIGNATURE) (FACSINILE OF SIGNATURE)
Secretary President
In witness whereof, the Blank Insurance Company has caused this policy,
with respect to coverages and such other parts of the policy as
are applicable thereto, to be signed by its president and a secretary at 8
, and countersigned on the declarations page by a duly authorized agent
of the company.
(FACSDEIS OF SIGNATURE) (FACSI11111Z OF SIGNATUP.E)
Secretary President
rams
W. A. RIDGE
SUPERINTENDENT -KANSAS DIVISION
UNION PACIFIC RAILROAD COMPANY
OPERATING DEPARTMENT
May 14,. 1984.
201 SOUTH 5TH ST.
KANSAS CITY, KANSAS. 66110
(9 13) 621-9108
File: Salina
594-300
11r. L. 0. Bengtson
City Attorney
114 East Iron
P.O. Box 903
Salina, Kansas 67401
Dear Mr. Bengtson:
Reference to your letter of April 25, 1984
relative to status of the proposed agreement between the
City of Salina and Union.Pacific Railroad Company.
Attached is agreement CD No. 6723-1, Rights
Agreement, covering the roadway on our right of way
for your further handling per phone discussion. Please
secure execution and return all copies to this office
for my further handling. Your attention is directed
to the fact that this agreement is for an indefinite
period and no rental charge. Congratulations on your
son's graduation from law school.
Yours truly,
Pet J. Sallas
Pu is Projects Engineer
(Attachment)
PJS/bp
X
4 R. M. BROWN
CHIEF ENGINEER
UNION PACIFIC RAILROAD COMPANY
ENGINEERING DEPARTMENT
May 9, 1983
A - 14892 -Salina
City of Salina
City -County Building
300 West Ash Street
Salina, Kansas 67401
Gentlemen:
1416 DODGE STREET
OMAHA, NEBRASKA 68179
This is in reference to crossing of Union Pacific
Railroad Company trackage near Fourth and Iron Avenue,
M.P. 1.13 McPherson Branch, Salina, Kansas.
Attached are duplicate originals of an agreement
assigned C.D. No. 6723-1 between the City of Salina and Union
Pacific Railroad Company covering the right to use Railroad
Company property for public roadway purposes which have been
executed on behalf of the Railroad.
After execution on behalf of the City, please return
the UPRR Counterpart to
Yours very truly,
h
p
L
CITY OF SALINA
L. O. BENGTSON, CITY ATTORNEY
114 EAST IRON P O. BOX 903
SALINA, KANSAS 67401
AREA CODE 913 823.2244
May 18, 1983
R. M. Brawn, Chief Engineer
Union Pacific Railroad Co.
1416 Dodge Street
Omaha, Nebraska 68179
Re: City of Salina, Kansas
Your File #A -14892 -Salina
C.D. #6723-1
C.D. #53538-2
Dear Mr. Brown:
This will acknowledge receipt of your letters of May 9th and May
10th addressed to the City of Salina, Kansas, in which you enclosed the
above mentioned agreements for the crossing at Belmont Boulevard and
Magnolia Road and the crossing on Fourth Street near Iron Avenue.
Please be advised that these are public streets and the City of Salina,
Kansas, has the right to use the same and has no intention of entering
into a contract with the Railroad to secure permission for this purpose.
Very truly yours,
L. O. Bengtson
City Attorney
IAB/dg
kL LEAGUE OF CITIES