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C.D. # 53538-7 Republic & 4th Street Crossing Rights AgreementRights Agreement M.P. 2.52 (McPherson Branch) Salina, Kansas. ��) THIS AGREE ENT, made and 'L day of , 19 5,' by RAILROAD COMPA , a corporation of inafter the Railroad Company), and municipal corporation of the State the Political Body), WITNESSETH: RECITALS: DUPLICATE ORIGINAL Political Body Counterpart C.D. No. 53538-7 entered into as of the and between UNION PACIFIC the State of Utah (here - the CITY OF SALINA, a of Kansas (hereinafter 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 2.52, shown outlined in yellow on the Exhibit A print dated June 14, 1984, 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 1 ! 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 2 ` 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 3 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. 4 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. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate as of the date first herein written. Witness: UNION PACIFIC RAILROAD COMPANY, —��l ��/C� By Attest: O -Ac City Clerk (Seal) r, neral Manager CITY F SALINA, By Mayor Ci 85-3774•, WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to CITY OF SALINA, State of Kansas, an agreement covering rights for public road crossing, M.P. 2.52, near Salina, Kansas; such agreement being identified in the records of the Railroad Company as its C.D. No. 53538-7; and WHEREAS, the Council of said City has said prcposed 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 Or THE CITY OF SALINA , STATE OF KANSAS That the terms of the agreement submitted by Union Pacific Railroad Company as aforesaid be, and the same are. hereby, accepted in behalf of said City; That the Mayor of said City is hereby authorized, 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 certi- fied =py of this resolution. STATE OF ) )SS. COUNTY OF jzr-4s�- ) I, /9- /--- eReSdr✓ City Clerk of the City of Salina hereby certi�y that the above and foregoing is a true, full, and correct copy of a resolution adopted by the Council of the City of Salina , at a meeting held according to law at '3 a v Ld •a- on the 4� day of , 190"s— , as the same appears on file and of record in this office. IN TESTIM014Y ;.:HEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this / day of aL9 , 19 (SEAL) Zes. City Cleric of.. the City nL lity Salina 0 2 lI cc J v i, iA N 1 N _q- iI 1Z i J o C I _a a8 F I z. 4 2 CP C i wi A �X .�: X O ' � � O i �� J•L Z�Z o v t 're J —' 1 1.6 el - CP a •u .. ,` r N Z CIO - O � - A6 4 H"y ly dj } _yam U i Q ai (a Q3r t Ica C0 Y y `>; O t N i r OD O • 'ap ♦CqI ' r - Y 1 e _5as ua,r i Highway Lease M- - CD - 7684 - - - -- -- -•- 1 c: .;..,.r _y5 `.= 1 `V: P':'�-•f-i x - f - _.� F. T.4" runL.Sv=-VaTKS:rtr Z' ° �--- To McPherson F! 0 Highway Lease CD- 7684 AgoC 1` - - - J1,., H111 1. o y a c i516eri '�11prFhI T �' 80 a ! i ENW1T 'A• 64 ;-UNION PACIFIC INABLIkOA - _ -- f ► _ - - ` . Salina . Saline County. Kansas MP 2.52 - McPherson Branch i. To GcOomplany agreement with the City of . Q Sanq. Kansas covert sl• � � n0 use 'of right � of d T • way for public road crossing purposes. Sade r a 100' - I Office of Director -Red Estate a' I Omaha. Nebraska June 14.1984 w ! iI� •L■oaND• ! : 1 Permanent use area outlined.°.°°..:... YELLOW Public road crossing Shown°°....°:;..... GREeN lEF UPRRCo. R/w Outlined June 30, 1967. EXHIBIT For attachment to C.D. No. 53538-7 STANDARD PROVISIONS FOR GENERAL LIABILITY POLICIES RAILROAD PROTECTIVE LIABILITY FORM Including Instructions for . Preparation of Policies by Companies June 30, 1967. STJUMI ARD PROVISIONS FOR GMERAL LIABILITY POLICIES Railroad Protective Liability Form MMRAL MSTRUCTIONS 1. Standar- 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;.�e:vising authority of the state in which the policy is issued. 2. Optional Sequence and Arrangement It The several parts of the fora, viz. "Insuring Agreements," "Exclusions," Conditions" and "Declarations" may appear in the policy in such sequence as the cc=&anyray elect and the sequence and arrangement of the several pro- visions of those parts are also optional with the company. 3. Descriptive Headings--I3entifying 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 AP" "Defense, fDefense, 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 fora 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 together with 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. Page 2. 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. *1Vot 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 forme. 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 enaorsements, 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 Mnd dividend ]* 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—lhtter 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--Nam3 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•premi=, may be used at the option of the company. 7—The name and location of the company are to be stated. The type of the company and the word used throughout the policy suitably to desig- nate the co.-pany are to be stated. 8—The language of this•paragraph is optional with the company. BLANK INDEMN1TY COMPANY BLANK INSURANCE COMPANY FRalroad Protective Liability Policy No. I q c, ti DECLARATIONS Item 1. Named Insured UNION PACIFIC RAILROAD COMPANY J OD Oo 0% H v Address 1416 Dodge Street Omaha Douglas Nebraska 68179 ^ No. Street Town or City, 1 County State m c� .Item 2. Policy Period: From __(See Reference No. 2) to 12:01 A.M., standard time at the designated job site as stated herein. Item 3. The insurannce afforded is only with respect to such of the following -coverages as are indicated Cin 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 Bodily Injury Liability ) ) $2,000,000.00 per occurrence . B Property Damage Liability ) combined single limit 6 $6,000,000.00 aggregate C and Physical Damage to Property Item b. Name and Address of Contractor Item 5. Name and Address of Governmental Authority for whom the work by the contractor Is being performed to a m Premium Rates Item 6. Designation of the Job Site and Bases 22vera&e A Coverages B & C Description of Work Contract Cost Per $100 of Cost Rental Cost Per $100 of Rental Cost Advance Premiums Coverage A Coverages B & C EIf Policy Period more than one year: miumis payable: On effective date of Policy $ lot Annivers ary,$ 2nd Anniversary $ Date and Place of Issue :Q 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. C4 (D o r July 13, 1967. (A Page 6. (For policy issued by one company) BLANK INDEMNITY COMPANY 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: 7 (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. d June 30, 1967. Page 7. Coverage C - Physical DamaE2 to Proverty To pay for direct and accidental loss of or damage to rolling stock and their contents, mechanical construction equipment, or motive poker 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 tors 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,-Xeement. II. Definitions (a) Insured - The unqualified word "insured" includes the na—"-d 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_=d insured. (c) DesirMted e�c.yee of the insured - The words "designated 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 preventioa 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. Defenses Settlement, Suuplementary 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 deems expedient; (b) pay, in addition to the applicable limits of liability: (1) all expenses incurred by the coWpany, 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 Period, Territorr This policy applies on1,y 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 amended, shall for the purposes of this insurance be deemed not to be any 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. Page 9. (g) 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. June 30, 1967. Page 11. C011MITIm1S [The conditions, except conditions 3, 4, 5, 6, 79 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.].1. 1. Preri= 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 cost" 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 er.ployees of the insured utile 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 company's rules, rates, rating plans, premiums and mLnimum 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 arq 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. InsAection 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 company'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 companyts 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 appld.cable to "each occurrence" is the total limit of the company's 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 "aggregate" 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, June 30, 1967. destn,ction of loss of property, including the loss of use of any property due to zuah injury or destruction under Coverage B. Under Coverage C, the limit of the compan�yts 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 company4s 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 the time, place and circ=stances thereof, and the names 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 av,ents as soon as practicable. If claim is made or suit is brcu. ht agsirst the insured, he shall i=edizately forward to the company every demand, notice, su— ns 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 companyts reonest, attend hearings and trials and assist in making settlements, securing and giving evidenceobtaining 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 i=ediate medical and surgical relief to others as shall be imperative at the time of accident. 8. fiction Azainst Co?ipaM 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 terms of this policy, nor until the amount of the Lisuredts obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured, the claim—art and the compay. Argy 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 company 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 fu31 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 In the event of loss the insured Coverage C Page 12. June 30, 1967. Page 13. (a) protect the pro-perty, Vaether or not the loss is covered by this policy, and any further loss due to the insuredle failure to pro— tect shall not be recoverable under this policy; reasonable expenses incurred in affording such protection shall be deemed incurred at the companyts 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— pazr.rt s request, exhibit the damaged property. 10. Aorsraisal 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, demand an appraisal of the loss. In such event the insured and the company shall each select 'a competent 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 failing, to agree shall submit their differences to the u -pine. An award in writing of any two shall determine the amount of loss. The insured and the caapany .hall each pay his chosen appraiser and s".all 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. Pagment_of Loss 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 Bailee 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. Arulication of Insurance The insurance afforded by this policy is primary insurance. 15. Three Year ?olicy A policy period of three years is comprised of three coneecutiae 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. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a changes in any part of this policy or estop the Fcompany 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 30, 1967. PF of authorized company representatives) when initialed by such (here insert titles of authorized company representatives) or by endorsement issued to form a part of this policy signed by such (here insert titles of authorized company representatives)] 1. 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 sailing 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 custor=-r7 short rate table and procedure.* If the com- pany cancels, earned premium shall be computed pro rata. Premium adjust- mert 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 Comparq has caused this policy to be signed by its president and a secretary at and countersigned 8 on the declarations page by a duly authorized•agent of the company. (FACSI:•SI,E OF SIGNATURE) (FACSTIZLE 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 and countersigned on the declarations page by a duly authorized agent of the company. (FACSIl-11LE OF SIGNATURE) (FACSIT"SLE 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. (FACSMILE OF SIGNATURE) (FACSI',= OF SIGNTATURE) Secretary President Page 14. CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 4/1 1g85 4:00 P.M. AGENDA SECTION: Consent ORIGINATING DEPARTMENT: APPROVEDFOR NO. 6 City Clerk AG ITEM N0. 6 BY. D. L. Harrison BY. F Resolution Number 85-3774 - WHEREAS, UNION PACIFIC RAILROAD COMPANY has" tendered to CITY OF SALINA, State of Kansas, an agreement covering *rights , for public road crossing, M.:P. 2.52, near Salina, Kansas; such agreement being identified in the records of the Railroad Company as its C.D. No. 53538-7 ( Prescott and Fourth Street crossing) Z COMMISSION ACTION MOTION BY SECOND BY TO: z r 85-3714 WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to CITY OF SALINA, State of Kansas, an agreement covering rights for public road crossing, M.P. 2.52, near Salina, Kansas; such agreement being identified in the records of the Railroad Company as its C.D. No. 53538-7; 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; THER .ORE, 3E IT RESOLVED 3Y THE COUNCIL Or T:?E CITY OF SALINA , STATE OF KANSAS That the terms of the agreement sub=mitted by Union Pacific Railroad Company as aforesaid be, and the sar,e 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 ag eeasamt a.certi- fled ©py crf t -his resolution. STATE OF )SS. COUNTY OF ) 1, , City Clerk of the City of Salina 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 at a meeting held according to law at on "—h e day of 19 as the sante appears on file and of recora in als orzice. IN TESTL-10'.:t: ?"OF, I have hereunto set my hand and affixed. the corporate seal of said City, this day of 19 (SEAL) 'ces. Citi Clerk- aL. the C_.ty nL Salina :ity LLJ rr -! 1 a c l •' i N N i C p .10 p. _ 1 X O �.. s.• �3 r c ~A.S - ,... y z f o N p o — _01 2C _ N a.m N 4. q AL 77* Co Co 0 r0 4 x� + c0 t0 t0 tp .' ,; `� �. • HiQhwGY Lease , = (�- .., = - =- c C` D - 768 -- - i- - - - - c + "� ► - - �"' r r 2.647',e To KL. Sm 24T143 RbK —,,�- r j Td McPherson i i 1 X Highway Lease NI(i 1 n - t .�t..Cr� rYC•'1h t' �i v J • of n _ WSJ PWA CD - 7684 a.m C ' ( a EXHIBIT 'A' UNDON PACIFIC WABLROAm COMPANY ' Salina . Saline County, Kansas MP 2.52 - McPherson Branch ! To accompcny cgreement I with the City of Salinas Kansas covering use of right of way for public road crossing purposes. Scale is a 100, Office of Director -Red Estate i Omaha. Nebraska June 14,1984 Paul A. Conley, Jr. Assistant Vice President -Law UNION PA►CIFIC SYSTEM­­­- Union YST -Union Pacific Railroad Missouri Pacific Railroad MAR 8 W C-53538-7 City Clerk City of Salina Salina, Kansas 67401 Gentlemen: RE: Proposed Rights Agreement for Public Road Crossing, M.P. 2.52, near Salina, Kansas. Pursuant to request of our Real Estate Department, I have had prepared and attach hereto for execution the counterpart originals of the above proposed instrument. When executed, the counterpart originals should be returned to me in the enclosed self-addressed envelope to arrange for execution on behalf of the Railroad Company, after which your fully executed counterpart will be returned to you. Any questions concerning this instrument should be directed to B. M. Peters (Law Department), who may be reached by phone on (402) 271-4377, and any question with regard to rental should be directed to D. H. Lightwine (Real Estate Department) who may be reached by phone on (402) 271-5151. In the event it becomes necessary to replace lost or misplaced documents, a fee of $10.00 will be charged for each such document replaced. Law Department 1416 Dodge Street Omaha, Nebraska 68179 Very truly yours,. Paul A. Conley, Jr. C. W. Saylors Manager -Contracts • UNION PACIFIC SYSTEM Union Pacific Railroad Missouri Pacific Railroad May 13, 1985 C-53538-7 City of Salina 200 West Ash Street Salina, Kansas 67401 Gentlemen: Re: Rights Agreement with City of Salina, Mile Post 2.52 (McPherson Branch). Enclosed is your fully executed counterpart of the above instrument. Please retain this instrument for your file. Very truly yours, . W. Enclosure Law Department 1416 Dodge Street Omaha, Nebraska 68179