C.D. # 47349 Prescott/Belmont 12 inch Water Pipeline Encroachment AgreementDUPLICATE ORIGINAL
CofS Counterpart
Encroachment of 12 -inch C.D. No. 47349
Water Pipe Line on McPher-
son Branch Right of Way at
Salina, Kansas.
THIS AGREEMENT, made and entered into this
6
b day of �-�-�- 19639
y and between UNI PACIFIC R
n"ILIROAD C .PA. , a corporation
of the State of Utah (hereinafter called "Railroad Company")
party of the first part, and CITY OF SALINA, a municipal
corporation of the State of Kansas (hereinafter called
"Licensee"), party of the second part, WITNESSETH:
RECITALS:
The Licensee desires to construct maintain
and operate a 12 -inch water pipe line hereinafter
called "Pipe Line") on and along the right of way
and under the main track of the Railroad Company's
McPherson Branch between Prescott Street and Sel-
mont Boulevard and Magnolia Avenue connecting with
present water main of the Licensee in Magnolia
Avenue at Salina, Saline County, Kansas, in the
location shown by dashed yellow line on the print
hereto attached dated April 5, 19639 marked "Exhibit
A" and hereby made a part hereof.
To set out the understanding of the parties
hereto with respect to the subject matter aforesaid
this agreement is made.
AGREEMENT:
'� NOW THEREFORE it is mutually agreed by and between
;;the parties hereto as follows:
Section 1. RAIL.iOAD COMPANY GRAivTO RIGHT.
In consideration of the sum of One Hundred Thirty-
ieight Dollars 0;13$.00) to be paid by the Licensee to the
'IRailroad Company annually in advance, and in Further consider-
';ation of the covenants and agreements herein contained to be
�
� �
y t 1-1-o,..eo „ uA� t �, observed and performed, the Railroad
"company hereby grants to the Lic ensec-,subject to the terms and
;,conditions herein stated,the right to construct and thereafter
;during the term hereof, to maintain and operate the Pipe Line
ion and along said right of way and under said track of the
','Railroad Company in the location shovm by dashed yellow line
on Exhibit*A.
1
The foregoing grant is sub ect and subordinate to
the prior and continuin right and Q9li at'on of fhe Railroad
4ompany to use and maintain itg entire gairoad right of way
:anhenrform ceof it putjc duyasa cmmn tier
d is h�so su irct to tie rig it an power of tie 1 ailrroad
Company to cons ructmaintain repair, renew, use, operate,
::change, modify or relocate railroad tracks tele gra h tele -
,;phone, signal or other wire lines, pipe lines and o her fa-
;cilities upon, along or across any or all parts of said right
,,of way all or any of which may be freely done at any time or
;;times d the Railroad Company without liability to the Licen-
°see or o any other party for compensation or damages.
The foregoing ggrant is also subject to all outstand-
�in superior rights incjuding those in favor of telegra h an
;;tele hone companies, lessees of said right of way and o hers
:land the rigght of the Railroad Company to renew and extend the
same, and is made without covenant . of title or for quiet en-
; joyment.
;Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION.
j The Pipe Line shall be constructed, operated main-
tained, repaired, renewed and/or reconstructed by the Licensee
in strict conformity with Union Pacific Railroad Co. Common
J;Standard Specification 1029 adopted November 1949, and all
amendments thereof and supplements thereto. A copy of said
`Specification 1029 isattached hereto and hereby made a part
hereof .
In the event said specification conflicts in anpp
,detail with the requirements of any federal, state or munici-
pal law or regulation, such requirements shall govern on all
oints of conflict, but in all other respects said specifica-
ion shall apply.
The Licensee shall keep and maintain the soil over
the Pipe Line thoroughly compacted and the grade even with
:the adjacent surface of the ground.
All work performed on said right of.way in connec-
tion with the construction, maintenance, repair, renewal or
reconstruction of the Pipe Line shall be done under the super
:vision and to the satisfaction of the Railroad Company.
Prior to the commencement of any work in connection
.with the construction,. maintenance repair, renewal or recon-
struction of the Pipe Line where it passes underneath the
roadbed and track or tracks of the Railroad Company, the Li-
censee shall submit to the Railroad Company plans setting out
.:the method and work
of handling the work and shall not pro-
ceed with the until such plans shall have been approved
by the Chief Engineer of the Railroad Company and then only
:under the supervision of said Chief Engineer or his author -
4zed representative. The Railroad Company shall have the
right, if it so elects, to provide such support as it may
deem necessarits said track or tracks
during the time of construction, maintenance, repair, renew-
al or reconstruction of the Pipe Line and in the event the
Railroad Company provides such sup ori the Licensee shall pay
to the Railroad Company within fifteen days after bills
shall have been rendered therefor, all expense incurred by
the Railroad Company in connection therevrith, which said ex-
pense shall include all assignable costs plus ten per cent
q%) to cover elements of expense not capable of exact ascer-
G&0 tainment.
PLI
"A ff L
7-20-60 2
a
As an incident to the construction of the Pipe Line,
the Railroad Company shall, at the sole expense of the Licen-
Isee, perform the following work and services:
Remove and restore four whistle posts,
Remove and restore one crossing sign,
Remove and restore one yard limit sign,
Remove and restore one motor car set-off,
hemove and restore communication pole guy,
Remove and restore 3.63 rods wing fences, and
Furnish Engineer Inspector - 1 month,
Ithe estimated cost of such work and services being One Thou-
sand Two Hundred Ninety Dollars ($1,290.00), it being under-
stood and agreed, however, that the actual cost shall govern.
In addition to the performance of the work and serv-
ices aforesaid, the :Railroad Company shall, at the sole ex-
pense of the Licensee, furnish such flagging protection during
the construction period as the Railroad Company shall con -
Sider necessary for the proper protection of rail traffic at
the construction sites.
The Licensee shall promptly reimburse the Railroad
Company for the expense incurred by the Railroad Company for
account of the Licensee, as described above, promptly upon
rendition of bill or bills therefor by the Railroad Company.
2a
Section 3 . NOTICE OF CO14X NC5iE iT OF 1AURK.
The Licensee shall notify the Ra=lroad Company at
least forty-eight hours in advance of the commencement of
any work upon said right of way in connection with the con-
struction, maintenance, repair, renewal or reconstruction
of the Pipe Line.
Section 4. LICENSEE TO BEAR ENTIRE EXPENSE.
The Licensee shall bear the entire cost and ex-
pense incurred in connection with the construction, main-
tenance, repair and renewal and any and all modification,
,revision, relocation, removal or reconstruction of the Pipe
Line, including any and all expense which may be incurred
,by the Railroad Company in connection therewith for super-
vision or inspection, or otherwise.
Section 5. RELOCATION OR REMOVAL OF PIPE LINE.
The license herein granted is subject to the needs
;and requirements of the Railroad Company in the operation of
its railroad and in the improvement and use of its property,
land the Licensee shall, at the sole expense of the Licensee,
';move all or any portion of the Pipe Line to such new loca-
';tion or (unless the Pipe Line extends entirely across the
.'.right of way of the Railroad Company) remove the Pipe Line
it
from said right of way, as the Railroad Company may desig-
nate, ��ienever, in the furtherance of such needs and re-
quirements, the Railroad Company shall find such action
:necessary o: desirable.
All the terms, conditions and stipulations herein
;expressed with reference to the Pipe Line on said right of
away in the location hereinbefore described shall, so far as
ithe Pipe Line remains on the right of way, apply to the Pipe
Line as modified, changed or relocated within the con templa-
:tion of this section.
,Section 6. PIPE LINE NOT TO INTERFERE V-IITH OPERATION OF
RAILROAD.
The Pipe Line shall be constructed and, at all
times, maintained, repaired, renewed and operated in such
;manner as to cause no interference whatsoever with the con-
`stant, continuous and uninterrupted use of the tracks,
property and premises of the Railroad Company, and nothing
shall be done or suffered to be done by the Licensee at any
,time that would in any manner impair the safety thereof.
`Section 7. CLAIMS AND LIENS FOR LABOR AND MATERIAL -TAXES.
The Licensee shall fully pay for all materials
joined or affixed to and labor performed upon said right of
.way in connection with the construction, maintenance, repair,
renewal or reconstruction of the Pipe Line, and shall not
permit or suffer any mechanic's or materialman's lien of any
kind or nature to be enforced against said right of way for
any work done or materials _furnished thereon at the instance
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7-20-60
3
L
--- _ ._.____._---------- _- ,.
or request or on behalf of the Licensee; and the Licensee
shall indemnify and hold harmless the Railroad Company from
and against any and all liens, claims, demands, costs and
expenses of whatsoever nature in any way connected with or
growing out of such work done, labor performed, or materials
;furnished.
The Licensee shall promptly pay or discharge all
;;taxes, rates, charges and assessments levied upon in respect'
to, or on account of the Pipe Line, so as to prevent the ame
;becoming a charge or lien upon said right of way, or any
other
property of the Railroad Company, and so that the taxes„
;charges and assessments levied upon or in respect to said
:;right of way and other property of the Railroad Company shall`
;;not be increased because of the location, construction or
;: maintenance of the Pipe Line or any improvement, appliance or
(fixture connected therewith placed upon said right of way, or
,.on account of the Licensee's interest therein. Where such
tax, charge or assessment may not be separately made or as-
'sessed.to the Licensee but shall be included in the assess-
iment of,the right of way or other property of the Railroad '
'Company, then the Licensee shall pay to the Railroad Compj
Ian equitable proportion of such taxes determined b the valueany?
"of the Licensee's property upon said right of way as compared;
"with the entire value of said right of way.
j Section $. RESTORATION OF RATT.Rna n rnMD n MV e o nnnnranm..
In the event the Licensee shall +take;down any fence
lof the Railroad Company or in any manner move or disturb any
;sof the other property of the Railroad Company in connection
;with the construction, maintenance, repair, renewal or recon
struction of the Pipe Line, then and in that event the Licen-
,!see shall, as soon as possible and at its sole expense, re -
i store such fence and/or such other property to the same con-
:! dition as it was in before such"fence was taken down or such
''other property was moved or disturbed, and the Licensee shall;
indemnify and save harmless the Railroad Company from and
;against any and all liability, loss, damages, claims, demands„
.costs and expenses of whatsoever nature, including court costs
'and attorneys' fees, which may result from injury to or death;
of persons whomsoever, or damage to or loss or destruction of
;property whatsoever, when such injury, death, damage, loss or;
':destruction grows out of or arises from the taking down of
any fence or the moving or disturbance of any of the other
property of the Railroad Company..
'Section 9. DISPOSAL OF PROPERTY.
In the event the Railroad Company shall dispose of
'any of its property upon which the Pipe Line is located, as
Therein provided, the license or permit herein granted, with
;respect to the portion of the Pipe Line located upon the
;property so disposed of, shall forthwith cease and determine.
;Section 10. LIABILITY.
The Licensee shall indemnify and hold harmless the
Railroad Company from and against any and all liability, loss,
G&O
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4
,.damage, claims, demands, costs and expenses of whatsoever
:nature, including court costs and attorneys, fees, which may
;;result from injury to or death of
'!damage to or loss or destruction ofproperrsons tywhatsso every
;eluding damage to the roadbed, tracks, equipment or otherin-
�p2'opert of the Railroad Company or property in its care or
!�custodywhether such injury, death, loss, destruction
I'jdamage grows out. of or arises from the bursting of or leaks
the Pipe Line or the explosion or ignition ofas or oil
;carried therein or escaping therefrom, or in any other way
;whatsoever is due to, or arises because of, the existence of
ithe Pipe Line or the operation, construction, maintenance,
=repair, renewal, modification, reconstruction, revision, re-
location or removal of the Pipe Line or an
to the contents therein or therefrom. y Part thereof, or
And
hereby release the Railroad Company from all eliability fors
damages on account of injury to the Pipe Line from any cause
whatsoever.
+Section 11. TERMINATION ON NONUSER OR DEFAULT.
If the Licensee does not use the right herein grant
;fed or the Pipe Line for one year, or if the Licensee continues
iin default in the performance of any covenant or agreement i
Therein contained for a period of thirty (30) days after writ -
1.
giten notice from the Railroad Company to the Licensee specify -
ng such default, the Railroad _.Company may, at its option
;forthwith terminate this agreement. Notice of default and
1notice of termination may be served upon the Licensee by mail -
ding to the last known address of the Licensee.
i
'Section .12. R7A'r
AGREEMENTS PIPS LINE UPON T.tMINATION OF
Within ninety days after the termination of this.
;agreement howsoever, the Licensee shall, at its sol
remove the Pipe Line from those a expense,
:not rht of way
occupied by the roadbed and portions,
koor tracksdofithe Rail- ,
!road Company and shall restore, to the satisfaction of the i
;Railroad Company, said portions of said right of way to as
'!good condition as they were in at the time of the construction'
of the Pipe Line; and if the Licensee fails so to do, the
';Railroad Company may do such work of removal and restoration
.at the expense of the Licensee. The
: at
its option, upon such termination, at therexpense oadpofythe mayLicen-
il
;;see, remove the portions of the Pipe Line located underneath
said roadbed and track or tracks and restore said roadbed to as
;good condition as it was in at the time of the construction of
;the Pipe Line, or it may permit the Licensee to do such work
;!of removal and restoration under the supervision of the Rail-
road Company. In the event of the removal of the Pipe Line
as in this section provided, the Railroad Company shall in no
manner be liable to the Licensee for any damage sustained
by the Licensee for or on account of such removal, and such
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5Yr.
7-20-60
removal small in no manner prejudice or impair any right of
action for damages, or otherwise, that the Railroad Company
may have against the Licensee.
Nothing in this section contained shall obligate
the Licensee to remove the Pipe Line because of termination
of this license with respect to same under the provisions of
:Section 9 hereof in cases where the Licensee shall have made
arrangements for the continuation of the Pipe Line with the
grantee or grantees of the Railroad Company.
(Section 13. WAIVER OF BREACH.
The waiver by the Railroad Company of the breach
of any condition, covenant or agreement herein contained to
be kept, observed and performed by the Licensee shall in no
;way impair the right of the Railroad Company to avail itself
of any subsequent breach thereof.
i Section 14. TER CNATION ON NOTICE.
a
Subject to the
� provisions of. Section 11 hereof, 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 six months subsequent to the date on
!.which such notice shall be given.
Section 15. AGREEi,IENT NOT TO BE ASSIGNED.
The Licensee shall not sublet, in whole or in part,
,,the rights hereby granted and shall not assign this agreement
"!without the written consent of the Railroad Company, and it
is agreed that any transfer or assignment or attempted trans-
Ifer or assignment of this agreement or any of the rights
hereby granted, whether voluntary, by operation of law, or
:otherwise, without such consent in writing, shall be abso-
lutely void and, at the option of the Railroad Company, shall
'terminate this agreement.
a
;Section 16. EFFECTIVE DATE - TERM.
This agreement shall take effect as of the
17" day of May � 19A
.and, un ess sooner terminate as erein prove ea, s all con-
tinue in full force and effect for a period of five years.
Section 17. SUCCESSORS AND ASSIGNS.
Subject to the provisions of Section 15 hereof,
this agreement shall be binding upon and inure to the benefit
of the parties hereto, their heirs, executors, administra-
tors, successors and assigns.
IN WITNESS WHEREOF, the parties.hereto have caused
M
iL
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this agreement to be executed in duplicate as of the date
,first herein written.
Witness: UNION PACIFIC RAIL AD COMPANY
General Manager
Witness:
n9884
Attest:
7
I�WEBEAS9 the UNION PACIFIC RAILROAD COMPANY has
tendered to the CI Tr OF SALINA, State of Kansas, an agreement
covering encroachment of a 12 -inch water pipe line on the
McPherson Branch right of way at Salina, Kansas; said agree.
meant being identified as Railroad Company's C.D. No. 47349;
P
WHEREAS, the Council of the City of -Sgt,
as said proposed agreement before it and has given it car
eview and consideration; and
WHEREAS, it is considered that the best interests
said City of smijunStAtA of Manan -n- will
subserved by the acceptance of said agreement;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF SAMNA, STATE OF KANSAS:
of
bel
That the terms of the agreement submitted by the
Union Pacific Railroad Company.as aforesaid be, and the same
are hereby, accepted in behalf of said City;
That the Mayor of said City is hereby authorized,
empowered and directed to execute said agreement on behalf of
said City and that the City Clerk of said City is hereby
authorized and directed to attest said agreement and to attach
to each duplicate original of said agreement a certified copy
of this resolution.
:'STATE OF
KANSA_q
ss j
;COUNTY OF9er_rnrr )
I, City Clerk of 1
the City. of' hereby c erti=
fy that the above an foregoing is a truer uil and correct
:copy of a resolution adopted by the Council of the City of
Salina, State of Kansan , at a meeting held
;according to law at on the'
` day of
-las the same appears on i e"and of record in this- office. "
'! IN TESTIMONY 6HEREOF, I have hereunto set my hand
.:and affixed the corporates of said City, this
day of 19-4.
C ! (Seal) City Clerk—of ta City o
Salina, State of Kansas.
F]
UNION PACIFIC RAILROAD COMPANY
REAL ESTATE DEPARTMENT
A O. MEYER
DISTRICT REAL ESTATE DIRECTOR
City of Salina
Salina, Kansas 67401
Gentlemen:
UNION
PACIFIC
I VIII
March 10, 1983
1416 DODGE STREET
OMAHA, NEBRASKA 68178
CD 47349
Reference is made to Union Pacific Railroad Company
Agreement C.D. No. 47349 in favor of City of Salina covering
a water pipeline encroachment on the McPherson Branch at Salina,
Kansas which will expire by its own terms May 16, 1983.
Please advise your intention regarding extension
of said agreement on the attached carbon copy of this letter
and return to me in order that I may submit your request to
the various concerned departments within the Railroad Company.
If you desire to extend the agreement, the rental
charge for the ten-year term will be $1,933.00 per annum.
Also, a $100.00 fee for preparation of the document is applicable
and will be billed at a later date by our Accounting Department.
It should be understood that the Railroad Company's
request for the above information should not be construed as
a commitment or consent on behalf of the Railroad Company to
renew the above license.
Very truly yours,
UNION PACIFIC RAILROAD COMPANY
REAL ESTATE DEPARTMENT
A. O. MEYER 1416 DODGE STREET
DISTRICT REAL ESTATE DIRECTOR OMAHA, NEBRASKA 68179
(11UP
March 10, 1983
City of Salina
Salina, Kansas 67401
Gentlemen:
CD 47349
Reference is made to Union Pacific Railroad Company
Agreement C.D. No. 47349 in favor of City of Salina covering
a water pipeline encroachment on the McPherson Branch at Salina,
Kansas which will expire by its own terms May 16, 1983.
Please advise your intention regarding extension
of said agreement on the attached carbon copy of this letter
and return to me in order that I may submit your request to
the various concerned departments within the Railroad Company.
If you desire to extend the agreement, the rental
charge for the ten-year term will be $1,933.00 per annum.
Also, a $100.00 fee for preparation of the document is applicable
and will be billed at a later date by our Accounting Department..
It should be understood that the Railroad Company's
request for the above information should not be construed as
a commitment or consent on behalf of the Railroad Company to
renew the above license.
Very truly yours,
Yes, I desire renewal of said license.
No. I do not desire said license renewed.
CITY OF SALINA
J��
By ��r�.-�/ t
Director of Utilities
C
EXTENSION OR RENEWAL LEITER AGREEMENT
MAY 4, 1990
FILE NUMBER 077-054
RAILROAD AUDIT NO. A089616
CITY OF SALINA
SALINA, KANSAS 67401
Gentlemen:
Under date of June 23, 1963, the Union Pacific Railroad Company
("Licensor"), or their predecessors in interest and City of Salina ("Licensee"),
or their predecessors in interest (if any), entered into an agreement identified
in the records of the Licensor as its Audit Number A089616 (hereinafter "Basic
Agreement"), covering a 12" Water Line Encroachment from Mile Post 2.00 to Mile
Post 4.00 and two pipeline crossings, at/near City of Salina, Kansas.
Basic Agreement has expired. The parties now mutually agree that the term
of the Basic Agreement is hereby renewed and that all the terms and conditions
of the Basic Agreement, as heretofore or herein supplemented and/or amended (if
applicable), shall remain in full force and effect during the extended term.
Effective as of the Effective Date of this Letter Agreement, the Licensee
shall pay to the Licensor the sum of ONE THOUSAND NINE HUNDRED THIRTY THREE
DOLLARS ($1,933.00) in advance, in lieu of the sum heretofore stipulated.
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 may 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.
Effective as of. the date of this Agreement, the Basic Agreement may be
terminated by either party on 30 days' written notice to the other party.
Special Provisions entitled "Protection of Fiber Optic Cable Systems" is
attached hereto and hereby made a part hereof.
This Letter Agreement, which is effective as of May 16, 1983, is
supplemental to the Original Agreement, and nothing herein contained shall be
construed as amending or modifying the same, except as herein specifically
provided.
qD
`�_O
Under date of June 23, 1963, the Union Pacific Railroad Company
("Licensor"), or their predecessors in interest and City of Salina ("Licensee"),
or their predecessors in interest (if any), entered into an agreement identified
in the records of the Licensor as its Audit Number A089616 (hereinafter "Basic
Agreement"), covering a 12" Water Line Encroachment from Mile Post 2.00 to Mile
Post 4.00 and two pipeline crossings, at/near City of Salina, Kansas.
Basic Agreement has expired. The parties now mutually agree that the term
of the Basic Agreement is hereby renewed and that all the terms and conditions
of the Basic Agreement, as heretofore or herein supplemented and/or amended (if
applicable), shall remain in full force and effect during the extended term.
Effective as of the Effective Date of this Letter Agreement, the Licensee
shall pay to the Licensor the sum of ONE THOUSAND NINE HUNDRED THIRTY THREE
DOLLARS ($1,933.00) in advance, in lieu of the sum heretofore stipulated.
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 may 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.
Effective as of. the date of this Agreement, the Basic Agreement may be
terminated by either party on 30 days' written notice to the other party.
Special Provisions entitled "Protection of Fiber Optic Cable Systems" is
attached hereto and hereby made a part hereof.
This Letter Agreement, which is effective as of May 16, 1983, is
supplemental to the Original Agreement, and nothing herein contained shall be
construed as amending or modifying the same, except as herein specifically
provided.
Rental is due and payable upon your execution of the Letter Agreement.
Please include your payment with the return of a fully executed copy. This
Letter Agreement will not be considered effective by the Licensor until we
receive both the fully executed duplicate original of this Letter Agreement and
the rental payment. If you require formal billing, you may consider this Letter
Agreement as a formal bill.
UNION PACIFIC RAILROAD COMPANY
By
Director of Contracts
The foregoing Letter Agreement is accepted, approved and executed on this
day of , 1990.
Witness:
By:
CITY OF SALINA, KANSAS
By: _
Title:
,
PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
(a) Fiber optic cable systems may be buried on the Railroad'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
revenue and profits. Licensee shall telephone the Railroad at 1-800-336-9193 (a
24 -Hour number) to determine if fiber optic cable is buried anywhere on the
Railroad'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 in this Agreement, the
Licensee shall indemnify and hold the Railroad harmless from and against all costs,
liability and expense whatsoever (including, without limitation, attorney's fees,
court costs and expenses) arising out of any act or omission of the Licensee, its
contractor, agents and/or employees, that causes or contributes to (1) any damage
to or destruction of any telecommunications systems on Railroad'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 and/or employees, on
Railroad's property. Licensee 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 or
Railroad's property.
Please refer to the Renewal Letter Agreement dated December 4, 1990, which
requested handling for execution of same and return of the Railroad Company copy,
all in regards to agreement identified as Audit No. A89616 covering a 12 -inch water
pipeline encroachment at on Railroad right of way from Mile Post 2.00 to Mile Post
4.00 between Prescott Street to Belmont Boulevard Street.
As of this date, I have not received the return of the above-mentioned
documentation. Please advise me as soon as possible the status of the execution
and return of the documentation so that I may close my files regarding this matter.
Failure to respond within thirty days of receipt of this letter Railroad
Company will proceed under the terms of the agreement for pipeline removal or
termination of the Agreement.
If you have any questions, please contact me at telephone number (402)
271-4309.
sincerely yours,
DONALD ABEL
CONTRACTS REPRESENTATIVE
TRACER2.LTR
UNION PACIFIC RAILROAD COMPANY
CONTRACTS & REAL ESTATE DIVARTMENT
B. W. ZANDBERGEN
J. A. ANTHONY
GENERAL DIRECTOR
it
DIRECTOR -CONTRACTS
D. D. BROWN
ROOM 1418 DODGE STREET
DIRECTOR -REAL ESTATE SALES
D. H. LIGHTWINE
OMAAHA,HA. NEBRASKA 68179
(402)271-3753
DIRECTOR -FIELD OPERATIONS
FAX (402) 271-5493
R. F. NIEHAUS
DIRECTOR -SPECIAL PROJECTS
T R A C E R
W. F. SOMERVELL
DIRECTOR -JOINT FACILITIES
APRIL 19, 1991
n
77-S4
C� CD
U.S. CERTIFIED MAIL
RETURN RECEIPT RNQCS
Cn rn
CITY OF SAL_INA
O
CITY CLERK
SALINA, KANSAS 67401
N
Fn
Gentlemen:
Please refer to the Renewal Letter Agreement dated December 4, 1990, which
requested handling for execution of same and return of the Railroad Company copy,
all in regards to agreement identified as Audit No. A89616 covering a 12 -inch water
pipeline encroachment at on Railroad right of way from Mile Post 2.00 to Mile Post
4.00 between Prescott Street to Belmont Boulevard Street.
As of this date, I have not received the return of the above-mentioned
documentation. Please advise me as soon as possible the status of the execution
and return of the documentation so that I may close my files regarding this matter.
Failure to respond within thirty days of receipt of this letter Railroad
Company will proceed under the terms of the agreement for pipeline removal or
termination of the Agreement.
If you have any questions, please contact me at telephone number (402)
271-4309.
sincerely yours,
DONALD ABEL
CONTRACTS REPRESENTATIVE
TRACER2.LTR
UNION PACIFIC RAILROAD COMPANY
CONTRACTS & REAL ESTATE"DEPARTMENT
ENSION OR RENEWAL LETTER AGREES
DECEMBER 5, 1990
077-054
B. W. ZANDBERGEN
J. A. ANTHONY
GENERAL DIRECTOR
DIRECTOR -CONTRACTS
D. D. BROWN
ROOM 1100.1416 DODGE STREET
DIRECTOR -REAL ESTATE SALES
OMAHA, NEBRASKA 66179
D. H. LIGHTWINE
(402)271-3753
DIRECTOR -FIELD OPERATIONS
FAX (402) 271-5493
R. F. NIEHAUS
DIRECTOR -SPECIAL PROJECTS
W. F. SOMERVELL
DIRECTOR -JOINT FACILITIES
EXT
ENT
CITY OF SALINA
CITY CLERK
SALINA, KANSAS 67401
Gentlemen:
Under date of June 24, 1963, the Union Pacific Railroad Company
("Licensor") and city of Salina, Kansas ("Licensee"), or their predecessors in
interest (if any), entered into an agreement identified in the records of the
Licensor as its Audit Number A89616 C. D. 47349 (hereinafter "Basic Agreement"),
covering a 12 inch water line encroachment from Mile Post 2.00 to Mile Post 4.00
at/near Salina, Kansas Between Prescott Street and Belmont Boulevard Street.
Basic Agreement has expired or will soon expire. The parties now mutually
agree that the term of the Basic Agreement is hereby renewed and/or extended for
an indefinite term and that all the terms and conditions of the Basic Agreement,
as heretofore or herein supplemented and/or amended (if applicable), shall
remain in full force and effect during the extended term.
Effective as of the Effective Date of this Letter Agreement, the Licensee
shall pay to the Licensor the sum of ONE THOUSAND NINE HUNDRED THIRTY THREE
DOLLARS ($1,933.00) annually in advance, in lieu of the sum heretofore stipulat-
ed.
The license fee may be redetermined by Licensor at any time subsequent to
the expiration of one (1) year following the date on which the license fee was
last determined or established.
Effective as of the date of this Agreement, the Basic Agreement may be
terminated by either party on 30 days' written notice to the other party.
Special Provisions entitled "Protection of Fiber Optic Cable Systems" is
hereto and hereby made a part hereof.
PROTE�.TIOA OF FIMM OPTIC CAB= SYSTEMS.
(a) Fiber optic cable systems may be buried on the Railroad's
property. Protection of the fiber optic cable systems is of extreme importance
since any break could disrupt service to users resulting in business
7
Interruption and loss of revenue and profits. Licensee shall telephone the
Railroad at -1-800-336-9193 (a 24 -Hour number) to determine if'fiber optic cable
is buried anywhere on the Railroad's premises to be used by the Licensee. If it
is, Licensee will. telephone the telecommunications company(Les) involved,
arrange for a cable .locator, and make arrangements for. relocation or other
protection of thefiber optic cable prior to beginning any work on the.
Licensor's premises.
(b) In. -addition to other indemnity provisions in.this Agreement, the
Licensee shall indemnify and hold the Railroad harmless from and against all
costs, liability_and expense whatsoever. (including, without limitation,
attorney's fees, court costs and expenses) arising out of any act or omission of
the Licensee, itscontractor, agents and/or employees, that causes or
contributes to (1) any damage to or destruction of any telecommunications
systems on Railroad'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 and/or employees, on Railroad's property. Licensee 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 or Railroad's property.
This Letter Agreement, which is effective as of May 17, 1983, is
supplemental to the Original Agreement, and nothing herein contained shall be
construed as amending or modifying the same, except as herein specifically
provided.
Rental. is due and payable upon your execution of the Letter Agreement.
Please include your payment with the return of a fully executed copy for the
Years 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, and for 1991 for SEVENTEEN
THOUSAND THREE HUNDt2ED NINETY SEVEN DOLLARS ($17,397.00). This Letter Agreement
will not be considered effective by the Licensor until we receive both the fully
executed duplicate original of this Letter Agreement and the rental payment. If
you require formal billing, you may consider this Letter Agreement as a formal
bill.
Please secure the execution of this Letter Agreement in the space below and
return one of the fully executed duplicate original of this Letter Agreement.
DNION PACIFIC RAIIdaOAD CDNPANY
By
Director of Contracts
The foregoing Letter Agreement is accepted, approved and executed on this
day of , 1990.
Witness: CITY OF SALINA, ZANSA8
By:
By:
Title:
w CITY OF SALINA
REQUEST FOR COMMISSION ACTION
ENDA SECTION
6
3
DATE
11/13/00
INATING DEPARTMENT:
Utilities
Don Hoff
TIME
4:00 P.M.
ROVED FOR
:NDA:
BY:`�`'�
ITEM
Approval of an Supplemental Agreement with the Union Pacific Railroad Company for pipeline
encroachment.
BACKGROUND
This Agreement addresses the use of the Union Pacific Railroad Company's right-of-way for the
installation of waterline connection to enhance our fire hydrant system south of Cloud Street. The
new waterline will be installed across the east right-of-way of the railroad between Cloud Street and
Albert Avenue, involving approximately 25 L.F. of 6" pipeline encroachment.
The original agreement (C.D. No. 47349) Audit No. A-89616) was issued in 1963 allowing a 12"
watermain to be installed within the Union Pacific Railroad right-of-way.
This supplemental agreement is a standard pipeline encroachment form addressing such issues as
the administrative handling charge, protection of communication cable systems, construction permits,
etc.. The standard lump sum application charge of $500 will be funded by the Water Department.
RECOMMENDATION
It is recommended the City Commission approve the attached Supplemental Agreement and
authorize the Mayor to execute the document.
Attachment: Supplemental Agreement
Resolution Number 00- 5661
SUPPAGR.DOC 980220
Form Approved, AVP -Law
SUPPLEMENTAL AGREEMENT
Folder No: 00077-54
Audit No: A89616
THIS SUPPLEMENTAL AGREEMENT is made as of the day of
2000, between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the
"Licensor") and SALINA, CITY OF, a Kansas municipal corporation, with a mailing address at City
Clerk, 300 West Ash Street, Po Box 736, Salina, Kansas 67402-0736 (hereinafter the "Licensee').
RECITALS:
By instrument dated June 24, 1963, the parties hereto, or their predecessors in
interest (if any), entered into an agreement (herein the `Basic Agreement'), identified as Audit
No. A089616, covering a 12 -inch water pipeline encroachment on Railroad property between Mile Post
2.00 and 4.00 on the Sharon Springs Subdivision at or near Salina, Saline County, Kansas.
The parties now desire to modify the Basic Agreement by connecting a 6 -inch pipeline and tee to
the original 12 -inch pipeline so that water may be diverted to serve an additional fire hydrant.
AGREEMENT:
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
SECTION 1 - INDEFINITE EXTENSION OF BASIC AGREEMENT
Effective August 28, 2000, the Basic Agreement is hereby indefinitely extended and shall
continue in full force and effect until terminated as provided in the Basic Agreement.
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 FIVE HUNDRED DOLLARS ($500.00).
SECTION 3 - SPECIAL PROVISIONS
None
SECITON 4 - EFFECTIVE DATE
This Supplemental Agreement shall be effective as of August 28, 2000.
J
w
SECTION 5 - AGREEMENT SUPPLEMENT.
Nothing in this Supplemental Agreement shall be construed as amending or modifying the Basic
Agreement unless specifically provided herein.
IN WITNESS WHEREOF, the parties have executed this Supplemental Agreement as of the
day and year first written.
I
UNION PACIFIC RAILROAD COMPANY
LM
Contracts Representative
SALINA, CITY OF
X r
Title ftp f %
RESOLUTION NUMBER 00-5661
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A
SUPPLEMENTAL AGREEMENT WITH THE UNION PACIFIC RAILROADD COMPANY
FOR A WATER PIPELINE ENCROACHMENT.
WHEREAS, this agreement addresses the use of the Union Pacific Railroad Company's
right-of-way for the installation of waterline connection to enhance the City of Salina's fire hydrant
system south of Cloud Street; and
WHEREAS, the new waterline will be installed across the East right-of-way of the
railroad between Cloud Street and Albert Avenue, involving approximately 25 L.F. of 6 inch pipeline
encroachment; and
WHEREAS, the original agreement (C.D. No. 47349 audit No. A-89616) was issued
in 1963 allowing a 12 inch watermain to be installed within the Union Pacific Railroad right-of-way;
and
WHEREAS, this supplemental agreement is a standard pipeline encroachment form
addressing such issues as the administrative handling charge, protection of communication cable
systems, construction permits, etc.; and
WHEREAS, the standard lump sum application charge of $500.00 will be funded by the
Water Department. SO NOW THEREFORE
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. That the Mayor is hereby authorized to execute a Supplemental Agreement
with the Union Pacific Railroad Company for a pipeline encroachment, subject to the terms and
conditions of the agreement, in an amount not to exceed $500.00.
adoption.
Section 2. That this resolution shall be in full force and effect from and after its
Adopted by the Board of Commissioners and signed by the Mayor this 13' day of
November, 2000.
Alan E. Jilka, Mayor
(SEAL)
ATTEST:
Judy D. Long, CMC, City Clerk
A
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