C.D. # 39198-2 Neal & Schilling Rd. 24 inch Sewer Pipeline Crossing Agreement•" ".Suppl 861219
Approved AVP -LAW
Folder No. 030-83
Audit No. 163317
IS SUPPLEMENTAL AGREEMENT is.made and entered into as of the c2
day of •G —,F 191;)., -by and between UNION PACIFIC RAILROAD COMPANY, a
Utah corporation (hereinafter the "Licensor"), and CITY OF SALIINA, ]KANSAS, a
municipal corporation of the State of Kansas (hereinafter the "Licensee"), to be
addressed at 300 West Ash, Salina, Kansas 67401.
RECITALS:
By instrument dated July 31, 1992, the parties hereto or their
predecessors in interest (if any), entered into an agreement (hereinafter
the "Basic Agreement"), identified as Agreement No. 163317, covering an
underground sewage pipeline crossing at M.P. 547.19 at Sid, Saline County,
Kansas.
The parties now desire to modify the Basic Agreement by substitution
of print.
ti ZI NN J U
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as
follows:
Section 1. SUBSTITUTION OF PRINT.
The print, dated December 1, 1992, attached hereto as Exhibit A-1,
shall be and hereby is substituted for the print, Exhibit A, dated May 26, 1992,
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 refer to the
Pipeline as shown on Exhibit. A-1, hereto attached.
Section 2. ADMINISTRATIVE HANDLING CHARGE.
The Licensee shall pay to the Licensor an administrative handling
charge of Four Hundred Dollars ($400.00).
Section 3. EFFECTIVE DATE.
This Supplemental Agreement shall be effective as of the date first
herein written.
Section 4. AGREEMENT SUP`aF•.
This agreement is supplemental. to the Basic Agreement, as herein
and/or heretofore amended (if applicable), and nothing herein contained shall be
construed as amending or modifying the same except as herein specifically
provided.
�Suppl 861219
Approved AVP -LAW
IN WITNESS WHEREOF, the parties hereto have caused this Supplemental
Agreement to be executed, in duplicate, as of the day and year first herein
written.
UNION PACIFIC RAILROAD CONPANY
By _
Dire or - Contracts
WITNESS: CITY OF SALIM, KANSAS
e� . By -
�, LLUIk4-1 Mayor
UNION PACIFIC FWLROAD COMPANY
CONTRACTS & REAL ESTATE DEPARTMENT
July 24, 1992
CITY OF SALINA, KANSAS
ATTN MR DON HOFF PE CITY ENGR
300 WEST ASH
SALINA KS 67401
Gentlemen:
ROOM 1100,1416 DODGE STREET
OMAHA, NEBRASKA 68179-1100
(402)271-3753
FAX(402)271-5493
030-83
Attached are revised duplicate originals of a Pipeline Agreement covering
an underground sewage pipeline located at Sid, Kansas.
Article 6 of this document has been revised to change the insurance limits
as requested in Mr. Keith F. Rawlings' letter of July 16, 1992, which cited the
applicability of the Kansas Tort Claims Act to the City's insurance coverages.
In the spaces marked by an "x", please 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 in the enclosed self-addressed envelope. Your copy of the fully
executed document will be returned to you, if approved by the Railroad Company.
I have attached the Resolution which was attached to each copy of the
original document to each copy of this revised document. If this is not
satisfactory and you need a new Resolution to enable the Mayor to sign this
revised document, please prepare a new Resolution, execute and attach it.
If you have any questions, please contact me at 402 - 271-2346.
Sincerely yours,
X. J. BOBER
Contracts - Representative
CITY OF SALINA
r=EOUEST FOR COMMISSION ACTION DATE TiME
01/04/93 4:00 P.M.
AGENDA SEC.TiON: Consent ORIGINATING DEPARTMENT: APPROVED FOR
NO 6 AGENDA:
Water and Wastewater
ITEM
NO. 2, 3`,, 4
BY: Don Hoff
Item
Approval of three (3) Supplemental Agreements with the Missouri Pacific Railroad
Company for pipeline crossings.
Background
The new interceptor sewer will cross the Missouri Pacific Railroad and the Union
Pacific Railroad at several locations. These crossings involve boring a°tunnel
beneath the railroad roadbed; installing a steel encasement pipe; '.and installing;
the sewer pipeline within the encasement pipe, These Supplemental' Agreements are
required due to a changeofmaterials from cast iron pipelines to P.V.C.,pipelines.
Two of these crossings will be 36" diameter sewer pipelines located between
Country Club Rd. and Wastewater Treatment Plant No. 1. One crossing will be -a:2;4""
diameter sewer pipeline located between Bonnie Ridge Addition and "Schilling Rd
The Supplemental Agreements are standard pipeline crossing forms addressing the
use of P.V.C. pipeline versus cast iron pipeline and the administrative fee ?`The'
license fee of $400/crossing will be paid for, as other projects c'osts,'byrr"euenue"-
bonds
Recommendation
It is recommended that the City Commission approve the attached Supplemental
Agreements and authorize the Mayor to execute these documents.
Attachment:
Resolution 93-4541 — *"R
Resolution 93-4542
Resolution 93-4543
COMMISSICN.ACTiON
%1OTION BY SECOND BY
-,3 .
i
PL X 890707
Form Approved, AVP -Law
Folder No. 030-83
PIPELINE AGREEMENT
CROSSING
M.P. 547.19, McPherson Subdivision
Location: Sid, Saline County, Kansas
' THIS AGREEMENT is made and entered into as of the day of
11 19_, by and between UNION PACIFIC RAILROAD COMPANY, a Utah
corporation (hereinafter the Licensor) and CITY OF SALIVA, KANSAS, a municipal
corporation of the State of Kansas, to be addressed at 300 West Ash, Salina,
Kansas 67401 (hereinafter the Licensee).
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
Article 1. LICENSE FEE.
Upon the execution of this Agreement, the Licensee shall pay to the
Licensor a license fee of six hundred dollars ($600.00).
Article 2. LICENSOR GRANTS RIGHT.
In consideration of the license fee to be paid by Licensee and in
further consideration of the covenants and agreements herein contained to be by
the Licensee kept, observed and performed, the Licensor hereby grants to the
Licensee the right to construct and thereafter, during the term hereof, to
maintain and operate an underground sewage pipeline (hereinafter called the
Pipeline) in the location shown and in conformity with the dimensions and
specifications indicated on the attached print, dated May 26, 1992, marked
Exhibit A.
Article 3. CONSTRUCTION, MAINTENANCE AND OPERATION.
The grant of right herein made to the Licensee is subject to each and
all of the terms, provisions, conditions, limitations and covenants set forth
herein and in Exhibit B, hereto attached.
Article 4. TERM.
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.
Article 5. IF WORK IS TO BE PERFORMED BY CONTRACTOR.
If a contractor is to do any of the work performed on the pipeline
(including initial construction and subsequent relocation or substantial
maintenance and repair work), then the Licensee shall require its contractor to
execute the Railroad's form Contractor's Right of Entry Agreement. Licensee
acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and
understanding of its terms, provisions, and requirements, and will inform its
contractor of the need to execute the Agreement. Under no circumstances will
0636n Pg 1
PL X 890707
Form Approved, AVP -Law
Licensee's contractor be allowed onto Licensor's premises without first
executing the Contractor's Right of Entry Agreement.
Article 6. SPECIAL PROVISIONS - INSURANCE.
The Licensee, at the Licensee's own sole cost and expense, shall
provide to the Licensor a Certificate of Insurance certifying to the
effectiveness of insurance as follows:
General Public Liability providing bodily injury and
property damage coverage with combined single limit for each
occurrence, with limits as currently in force or as required
by law, whichever is greater, a portion of which may be
self-insured with the consent and approval of the Licensor.
Such insurance shall be endorsed to provide contractual
liability assumed by the Licensee under this Agreement, and
that coverage shall not be cancelled or changed without
giving thirty (30) days' prior written notice to Licensor,
c/o Director - Contracts, 1416 Dodge Street, Omaha, Nebraska
68179.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date first herein written.
Witness:
UNION PACIFIC RAILROAD COMPANY
By:
Director Contracts
CITY OF SALIVA, KANSAS
X x
Mayor
0636n Pg 2
PLACE AMM INDICATING NORTH
DIR:'CTION RELATIVE To CROSSING
FORM OR -0404-0
REV. 05-01-40
APPLICATION FOR ENCASED
NON-FLAMMABLE PIPELINE CROSSING
NO SCALE
ISM NOTE 7 a 31
¢ Ne y/ ♦.)/.-
IOESCRIIIE FIXED OaJECT,
r ISEE NOTE SI
IOISTANCE ALONG TRACK FRO, SECTION LINE CROSSING(
ty' y 11am TNIs 0 1107 0 1 0 1 REOIIIRm IN ALL CASES.
ms's A/0 AT LOCATIONS NOT USING SECTIONS, OISrava
10 1 LVAL 3I11110 LINE 13 REQUIRED)
._ 33 FT. --.�.. O FT.
1111116 asT � - ----
1
See Ns.. X1.
NOTE: ALL AVAILABLE 0IMENS10N5 MUST BE
FILLED IN TO EXPEDITE THIS APPLICATION.
Mrs Rn
S ISM wort 36 51
C
wl :
` MCn7br•.
I ANEL[ of 'Rossl,B �
INEAREST IL IL TOIMI
I KUMIRE FIXED OBJECTS
ISE[ NOTE 31
a
vf FT.
FT.
GROUND
SWAM
r S1A0AA0E
1 L' MIN. I
130 n. MALI ( �a
l�CAsING PIPE
ISN Nm 41. 17 11
��-1— i ----- fcm"tR01PE
n. --+I i S3
i� FT.
�FT.
NOTES 1 ICASIIIO LENGTN A-0 WASURED ALONG r1PUINt.1
11
2)
31
41
5)
FORLIR,A TO FIGURE :j CASING
LENGTH WITH ANGLE OF
CROSSING OTHER THAN SO•
a'
ALL HORIZONTAL DISTANCES TO DE MEASURED AT RIC41T ANGLES FROMSlN d p
fof TRACK, EXCEPT AS NOTED. �' •
CASING TO EXTEND BEYOND THE CENTERLINE OF TRACK AT RIGHT ANGLES THE CHEATER OF ZO • 20 FT.. OR 30 R.. ,p YfN.OfST.
AND BEYOW LIMIT OF RAILROAD RIGHT -OF --SAT IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK. A INm A
MINIMUM OF SO' FROM THE END OF ANY RAILROAD BRIOGL if OF ANY CULVERT, OR FROM ANY SWITCHING AREL
SIGNAL REPRESENTATIVE MJST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING.
ALLOWABLE FIXED OBJECTS 111CLUDEE 9MWALLS OF BRIDGES; ! OF ROAD CROSSINGS & OVERHEAD VIADUCTS IGIVE ROAD NUME). ORE OF CULVERTS•
IS PtP
8)
STEEL CASING WALL
THICKNESS CHART
"IN IMJI
DIAMETER OF
THICKNESS
CASING PIPE
.2SOo-
lis
Ir oA Lass
. 3125•
S/16
OVER 1 r-1 t1•
.3750•
31
OVER Ir -2r
. 4375'
T' I
OVER 22•.2r
MUST HAVE 2- CLEARANCE BETWEEN GREATEST
-f M.P. 'q•8/
Ova 2r -3P
•• 5600cr
911
OVER 34•-4r
.6250•
s/
oval4r_4r
OVER 4a• WST IME
APPROVED 9T R.1L CIL
NOTE: THIS CHART IS ONLY
OR S CASING
STEEL
PIPES WITH IIM YIELD
STRENGTH OF 35.000 PSI.
FORLIR,A TO FIGURE :j CASING
LENGTH WITH ANGLE OF
CROSSING OTHER THAN SO•
a'
ALL HORIZONTAL DISTANCES TO DE MEASURED AT RIC41T ANGLES FROMSlN d p
fof TRACK, EXCEPT AS NOTED. �' •
CASING TO EXTEND BEYOND THE CENTERLINE OF TRACK AT RIGHT ANGLES THE CHEATER OF ZO • 20 FT.. OR 30 R.. ,p YfN.OfST.
AND BEYOW LIMIT OF RAILROAD RIGHT -OF --SAT IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK. A INm A
MINIMUM OF SO' FROM THE END OF ANY RAILROAD BRIOGL if OF ANY CULVERT, OR FROM ANY SWITCHING AREL
SIGNAL REPRESENTATIVE MJST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING.
ALLOWABLE FIXED OBJECTS 111CLUDEE 9MWALLS OF BRIDGES; ! OF ROAD CROSSINGS & OVERHEAD VIADUCTS IGIVE ROAD NUME). ORE OF CULVERTS•
IS PtP
8)
ELINE CROSSING WITHIN DEDICATED STREET t YES•
IF YES, NAME OF STREET
EXHIBIT *A-1 sM'T'll
C)
D)
DISTRIBUTION LINE OR TRANSMISSION LINE A
CARRIER PIPE ;
/FQ ftvjwo W a" - .O lar gnu In ani
caB,�oo t rY ro BE coNvEYm Sewacae
UNIO/V PACIFIC RAILROAO CO.
OPERATING PRESS!Tf2l2* PSI
WALL THICKNESS SL. ;DIAMETERS MATERIAL -mc. ..�
Mc r�cr�ar,
EI
CASING PIPE ;
,mnnras
WALL THICKNESS • `��• D 1AMETER 3G ~ • MATER t AL _ $ P /
• .��'
NOTE: CASING
M. P E S. -737 4
/9 E.
K1
MUST HAVE 2- CLEARANCE BETWEEN GREATEST
-f M.P. 'q•8/
OUTSIDE DIAMETER OF CARRIER PIPE AM INTERIOR DIAMETER OF
CASING PIPE_
ENCASEDSFwA6� PIc, CROSSING. A
--CROSSING.
-- T
WHEN FURNISHING DIMENSIONS. GIVE OUTSIDE OF
CARRIER PIPE AND INSIDE OF CASING PIPE.
�J- D s Il
F)
METHOD OF INSTALLING CASING PIPE UNDER TRACK(S):
-X _DRY BORE AND JACK ( WET BORE NOT PERMITTED);
I COLU / I slam
FOR Cory
-TUNNEL ; OTHER
e�
G)
H)
WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? ES;
DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING
I�ru•r.
RR FILE NO. 30-$3 DATE/r
1)
AND
JACK [NO PITS WHEN MEASURED AT RI�1�LE0 TO TRACK_�$��
APPLICANT HAS CONTACTED 1%"1_ GE i7=0 I— 3V WIN,i
OF LL P. COM MICATION DEPARTMENT AND HAS DETERMINED FIBER
W A R N l N 0
00-1
OPTIC CABLE • ;EXIST IN VICINITY OF
RK TO BE PER RMEED. ''DOES
IN ALL OCCASI0,4 LL P. COIAEUNICATI0,0 OEPARTME1f1 tAOT 0E
CONTAcrm IN Aovmrc OF AM IONg To DETaR11NE EXISTENCE AND
�N/O.t
,` k Tic,( -L hb C10419
LOCATION OF F1aER OPTIC EARL PN01E 8 hA00-77b,10>t
PL X 890707
Form Approved, AVP -Law
EXHIBIT B
Section I. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
(a) The foregoing grant of right is subject and subordinate to the prior and
continuing right and obligation of the Licensor to use and maintain its entire property
including the right and power of the Licensor to construct, maintain, repair, renew, use,
operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or
other wirelines, pipelines and other facilities upon, along or across any or all parts of its
Pro r! all or any of which may be freely donme e at any tior times by the Licensor without
liability to the Licensee or to any other party for compensation or damages.
(b) The foregoing grant is also subject to all outstanding superior rights
(including those in favor of licensees and lessees of the Licensor's property, and others) and
the right of the Licensor to renew and extend the same, and is made without covenant of title
or for quiet enjoyment.
Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION.
(a) The Pipeline shall be constructed, operated, maintained, repaired,renewed,
modified and/or reconstructed by the Licensee in strict conformity with Union Pacific Railroad
Co. Common Standard Specification 1029 adopted November 1949, and all amendments thereof and
supplements thereto, which by this reference is hereby made part hereof, except as may be
modified and approved by the Licensor's Assistant Vice President -Engineering Services. In the
event such Specification conflicts in any respect with the requirements of any federal, state
or municipal taw or regulation, such requirements shall govern on all points of conflict, but
in all other respects the Specification shall apply.
(b) All work performed on property of the Licensor in connection with the
construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline
shall be done under the supervision and to the satisfaction of the licensor.
(c) Prior to the commencement of any work in connection with the construction,
maintenance, repair, renewal, modification, relocation, reconstruction or removal of the
Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the
Licensee shall submit to the Licensor plans setting out the method and manner of handling the
work, including the shoring and cribbing, if any, required to protect the Licensor's
operations, and shall not proceed with the work until such plans have been approved by the
Assistant Vice President -Engineering Services of the Licensor and then only under the
supervision, of the Assistant Vice President -Engineering Services or his authorized
representative. The Licensor shall have the right, if it so elects, to provide such support as
it may deem necessary for the safety of its track or tracks during the time of construction,
maintenance, repair, renewal, modification, relocation, reconstruction or removal of the
Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the
Licensor, within fifteen (15) days after bills shalt have been rendered therefor all expense
incurred by the Licensor in connection therewith, which expense shall include all assignable
costs.
(d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly
compacted and. the grade even with the adjacent surface of the ground.
Section 3. NOTICE OF COMMENCEMENT OF WORK.
If an emergency should arise requiring immediate attention, the Licensee shall
provide as march notice as practicable to Licensor before commencing any work. In all other
situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time
as the Licensor ma yallow) in advance of the commencement of any work upon property of the
Licensor in connection with the construction, maintenance, repair, renewal, modification,
reconstruction,
relocation or removal of the Pipeline. All such work shall be prosecuted
diligently to completion.
Section 4. LICENSEE TO BEAR ENTIRE EXPENSE.
The Licensee shall bear the entire cost and expense incurred in connection with the
construction, maintenance, repair and renewal and any and all modification, revision,
relocation, removal or reconstruction of the Pipeline, including any and all expense which may
be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or
otherwise.
Exhibit B
Pagge I of 4
0405n
PL X/A
Section S. RELOCATION OR REMOVAL OF PIPELINE.
(a) The' license herein granted is subject to the needs and requirements of the
Licensor in the operation of its railroad and in the improvement and use of its property, and
the licensee shall, at the sole expense of the licensee, move all or any portion of the
Pipeline to such new location as the licensor Trey designate, whenever, in the furtherance of
its needs and requirements, the licensor shall find such action necessary or desirable.
(b) All the terms, conditions and stipulations herein expressed with reference to
the Pipeline on property of the licensor in the location hereinbefore described shall, so far
as the Pipeline remains on the property, apply to the Pipeline as modified, changed or
relocated within the contemplation of this section.
Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION.
The Pipeline and all parts thereof within and outside of the limits of the property
of the licensor shall be constructed and, at all times, maintained, repaired, renewed and
operated in such manner as to cause no interference whatsoever with the constant, continuous
and uninterrupted use of the tracks,pproperty and facilities of the Licensor, 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. 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 revenue and profits. licensee
shall telephone the licensor at 100-336-9193 (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 telecamunications 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 licensor 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 teleccamunicat ions system on
Licensor's property, and (2) any injury to or death of any person employed by or on behalf of
any telecommnicat ions company, and/or its contractor, agents and/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 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES.
(a) The Licensee shall fully pay for all materials joined or affixed to and labor
performed upon property of the licensor in connection with the construction, mintenance,
repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or
suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the
property for any work done or materials furnished thereon at the instance or request or on
behalf of the Licensee. The Licensee shall indemnify and hold harmless the licensor against
and from 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.
(b) The licensee shall prorptly pay or discharge all taxes, charges and assessments
levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a
charge or lien upon property of the licensor, and so that the taxes, charges and assessments
levied upon or in respect to such property shall not be increased because of the location,
construction or maintenance of the Pipeline or anv improvement, appliance or fixture connected
therewith placed upon such property, or on account of the licensee's interest therein. Where
such tax, charge or assessment may not be separately made or assessed to the, licensee but
shall be included in the assessment of the property of the licensor, then the licensee shall
pay to the licensor an equitable proportion of such taxes determined by the value of the
licensee's property upon property of the licensor as compared with the entire value of such
property.
Section 9. RESTORATION OF LICENSOR'S PROPERTY.
In the event the licensor authorizes the licensee to take down anyfence of the
Licensor or in any manner move or disturb any of the other property of the licensor in
Exhibit 8
06% 2 of
PL X 890101
Form Approved, AVP -law
connection with the construction, maintenance, repair, renewal, modification, reconstruction,
relocation or removal of the Pipeline, then in that event the licensee shall, as soon as
possible and at Licensee's 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 propertywas.
moved or disturbed, and the licensee shall indemnify
and hold harmless the licensor, its
officers, agents and employees, against and from 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 other
property of the licensor.
Section 10. INDEMNITY.
As used in this Section, "licensor" includes other railroad companies using the
Licensor's property at or near the location of the licensee's installation and their officers,
agents, and employees; "Loss" 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 persons whensoever
(including the ticensor's officers, agents and employees, the licensee's officers: agents,
and employees, as well as any other person$; and (b) damage to or loss or destruction of
property whatsoever (including licensee's property, damage to the roadbed, tracks, equipment,
or other property of the Licensor, or property in its care or custody).
As a major inducement and in consideration of the license and permission herein
granted, the licensee agrees to indemnify and hold harmless the Licensor from any loss which
is due to or arises from:
I. The prosecution of any work contemplated by this Agreement including the
installation, construction, maintenance, repair, renewal, modification,
reconstruction, relocation, or removal of the Pipeline or any part thereof; or
2. The presence, operation, or use of the Pipeline or contents escaping therefrom,
except to the extent that the Loss is caused by the sole and direct negligence of the licensor.
Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT.
Prior to the termination of this Agreement howsoever, the licensee shall, at
Licensee's sole expense, remove the Pipeline from those portions of the property not occupied
by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of
the Licensor, such portions of such property to as good a condition as they were in at the
time of the construction of the Pipeline. If the licensee fails to do the foregoing, the
Licensor may do such work of removal and restoration at the cost and expense of the Licensee.
The licensor may, at its option, upon such termination, at the entire cost and expense of the
Licensee, remove the portions of the Pipeline located underneath its roadbed and track or
tracks and restore such roadbed to as good a condition as it was in at the time of the
construction of the Pipeline, or it may permit the Licensee to do such work of removal and
restoration under the supervision of the Licensor. In the event of the removal by the
Licensor of the property of the Licensee and of the restoration of the roadbed and property as
herein provided, the licensor shall in no manner be Iiable to the licensee for any damagge
sustained by the Licensee for or on account thereof, and such removal and restoration :Ball in
no manner prejudice or impair any right of action for damages, or otherwise, that the licensor
may have against the Licensee.
Section 12. WAIVER OF BREACH.
The waiver .by the licensor 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 Licensor to avail itself of any subsequent breach thereof.
Section 13. TERMINATION.
(a) If the Licensee does not use the right herein granted or the Pipeline for one
(1) year, or if the Licensee continues in default in the performance of any covenant or
agreement herein contained for aperiod of thirty (30) days after written notice from the
Licensor to the Licensee specifying such default, the licensor may, at its option, forthwith
imnediately terminate this Agreement by written notice.
Exgheibit 8
0405n3 of
PL X 890707
Form Approved, AVP -law
(b) In addition to the provisions of subparagraph (a) above, this Agreement ma be
terminated by written notice given by either part 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.
(c) Notice of default and notice of termination may be served personal)y upon the
Licensee or by mailing to the last known address of the Licensee. Termination of this
Agreement for any reason shall not affect any of the rights or obligations of the parties
hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen
prior thereto.
Section 14. AGREEMENT NOT TO BE ASSIGNED.
The Licensee shall not assign this Agreement, in whole or in part, or -any rights
herein granted,without the written consent of the Licensor, and it is agreed that an
q
transfer or assignment or attempted transfer or assignment of this Agreement or any of the
rights herein grantedwhether voluntary, by operation of law, or otherwise, without such
consent in writing, shall be absolutely void and, at the option of the Licensor, shall
terminate this Agreement.
Section 15.. SUCCESSORS AND ASSIGNS.
Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon
and inure to the benefit of the parties hereto, their heirs, executors, administrators,
successors and assigns.
Exhibit B
Page 4 of
0405n
RESOLUTION NUMBER 93-4541
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST A SUPPLEMENTAL AGREEMENT BETWEEN THE CITY
OF SALINA AND THE UNION PACIFIC RAILROAD COMPANY FOR A PIPELINE
CROSSING IN CONNECTION WITH THE INTERCEPTOR SEWER PROJECT.
WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to the
CITY OF SALINA, KANSAS Pipeline Crossing Agreement No. 163317, covering
an underground sewage pipeline on its property at M.P 547.19 at Salina,
Kansas; and
WHEREAS, the Board of Commissioners of Salina, Kansas has said
proposed supplemental agreement before it and has given it careful review and
consideration; and
WHEREAS, it is considered that the best interest of Salina, Kansas
will be subserved by the acceptance of said supplemental agreement; SO NOW,
TIIERE17ORE
BE IT RESOLVED by the Governing Body of the City of Salina,
Kansas:
Section I. That the Terms of the Supplemental Agreement
submitted by UNION PACIFIC RAILROAD COMPANY as aforesaid be, and the
same are hereby, accepted in behalf of the City of Salina, Kansas.
Section 2. That the Mayor of said City is hereby authorized,
empowered and directed to execute said supplemental agreement on behalf of
said City and the City Clerk of said City is hereby authorized and directed to
attest said supplemental agreement and to attach to each duplicate original of
said supplemental agreement a certified copy of this Resolution.
Adopted by the Board of Commissioners and signed by the Mayor this
4th day of January, 1993.
Carol E. Beggs, Mayor
(SEAL)
ATTEST:
Jacqueline Shiever, CMC
City Clerk
RESOLUTION
WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to the CITY OF
SALINA, KANSAS a Pipeline Crossing Agre ent covering an underground sewage
pipeline on its property at M.P. 547.19 at id', Kansas; and;
WHEREAS, the Council 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 interest of said City will be
subserved by the acceptance of said agreement;
THEREFORE, BE IT RESOLVED BY THE COUNCIL 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 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 KANSAS
)ss
COUNTY OF SALINE
I City Clerk of said City hereby certify
that the above and foregoing is a true, full and correct copy of a resolution
adopted by the Council of said City at a meeting held according to law at said
City on the day of ,19_, as the same appears on f ile 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_
City Clerk of the City of Salina
State of Kansas
A
r _ ,
RESOLUTION NUMBER 92-4467
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF SALINA
AND THE UNION PACIFIC RAILROAD COMPANY FOR A PIPELINE CROSSING IN
CONNECTION WITH THE INTERCEPTOR SEWER PROJECT.
WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to the
CITY OF SALINA, KANSAS a Pipeline Crossing Agreement covering an
underground sewage pipeline on its property at M.P 547.19 at Salina, Kansas;
and
WHEREAS, the Board of Commissioners of Salina, Kansas has said
proposed agreement before it and has given it careful review and consideration;
and
WHEREAS, it is considered that the best interest of Salina, Kansas
will be subserved by the acceptance of said agreement; SO NOW, THEREFORE
Kansas:
BE IT RESOLVED by the Governing Body of the City of Salina,
Section 1. That the Terms of the Agreement submitted by UNION
PACIFIC RAILROAD COMPANY as aforesaid be, and the same are hereby,
accepted in behalf of the City of Salina, Kansas.
Section 2. That the Mayor of said City is hereby authorized,
empowered and directed to execute said agreement on behalf of said City and
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
22nd day of June, 1992.
G�
Carol E. Beggs, Mayor
(SEAL)
ATTEST:
Jacqw� J 1 "w w
ueline Shiever, CMC
City Clerk
STATE OF KANSAS )
SS
COUNTY OF SALINE )
I, Jacqueline Shiever, City Clerk of the City of Salina, Kansas, do
hereby certify that Resolution Number 92-4467 was adopted by the Board ofd
Commissioners at its regular meeting on June 22, 1992, and that the above and
foregoing is a true and correct copy of the original on file in my office.
WITNESS my hand and official seal this 23rd day of June, 1992.
(SEAL.)
SL-wCA—
Jacqueline Shiever, CMC
` City Clerk