C.D. # 53538-5 Prescott & 4th Street Crossing Rights AgreementRights Agreement
M.P. 1.80 -McPherson Branch
Salina, Kansas.
THIS AGREEMENT, made and
day of Z&jd , 19,ff, by
RAILROAD COMPANY, a corporation of
inafter the Railroad Company), and
municipal corporation of the State
the Political Body), WITNESSETH:
RECITALS:
DUPLICATE ORIGINAL'
Politica( Body, CounterpAd
C.D. No. 53538-5
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 1.80, shown out -
.lined in yellow on the Exhibit A print dated
May 1, 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 at-
tached.
AGREEMENT:
NOW THEREFORE, it is mutually agreed by and be-
tween 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 Rail-
road 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, tele-
phone, signal, or other pole and wire lines, pipe lines, and
other facilities upon, along, or across any or all parts of
said Crossing Area, all or any of which may be freely done
at any time or times by the Railroad Company without any
1
liability to the Political Body or to anyone for compensa-
tion 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 supervi-
sion and to the satisfaction of the Railroad Company. The
Political Body shall ascertain the Railroad Company's flag-
ging 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 com-
ponent 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 in-
terfere with the view; and the Political Body waives any
claim for damages which it may have in the future against
the Railroad Company arising from damage to the public road-
way 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.
E
MW
` 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 mainte-
nance 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 walk-
ways, 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 be-
half 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 Polit-
ical 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
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.
3
M
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 Engi-
neer at Omaha, Nebraska, before starting the work.
Section 7. CHANGES IN GRADE.
If the Railroad Company at any time shall be re-
quired 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 harm-
less 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 per-
-sons traveling upon the said public roadways or loss or de-
struction of or damage to the property of such persons re-
sulting directly from the sole negligence of the Railroad
Company.
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 Po-
litical Body for thirty (30) days after written notice by
the Railroad Company to the Political Body pointing out such
4
default, then, upon the expiration'of such thirty -day peri-
od, 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 as-
sign this agreement, or any interest therein, or any right
granted thereunder, without the written consent of the Rail-
road 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, ter-
minate 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
5
this agreement to be executed in duplicate as of the date
first herein written.
Witness: UNION PACIFIC RAILROAD COMPANY,
OS 4l L�Y� By
eneral Manager
Attest: CITY 0 SALINA,
r-- By
City Clerk Mayor
(Seal)
6
pv_cr)LUTION 85-3773
WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered
to CITY OF SALINA, State of Kansas, an agreement covering public
road crossing at Mile Post 1.80, near Salina, Kansas; such
agreement being identified in the records of the Railroad Company
as its C.D. No. 53538-5; and
WHEREAS, the Council of said City has said proposed
agreement before it and has given it careful review and con-
sideration; and
.WHEREAS, it is considered that the best interests
of said City will be subserved by the acceptance of said
agreement;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF gA_LTNA ,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-
:ied.copy of this resolution.
STATE OF KANSAS
)SS.
COUNTY OF SALINE y� )
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�300 West Ash Street, Salina, Kansas , on the
/sic- day of 19
as the same appears on file andoffecord in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand.
and affixed the corporate seal of said City, this /
day of CysP 19
(SEAL)
'ces. City Clerk or.. the City oL
:ity
Salina
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WOLease CD -7684 '
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Existing Highway Lease CD -7684' 39,
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r co EXHIBIT A
e 6 !
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�.� ;• r+' :;� UNION PACIFIC RAILROAD COMPANY
'j
�✓ Y• Salina, Saline County, Kansas
4 M.P. 1.80 - McPherson Branch
s� To accompany agreement with the
p y g City of Salina,
-... Kansas covering use of right of way for public.
3rd ST road crossing purposes.
- — Scale 1" = 100'
Office of Director - Real Estate
Omaha, Nebraska May 1, 1984
* L E G E N D
Permanent use area outlined ............ YELLOW
Public road crossing shown .............. GREEN
EF UPRRCo. R/W outlined... ---. __ �� _ _
June 30, 1967.
EXHIBIT B
For attachment to C.D. No. 53538-5
June 30, 1967. Page 1
STANDARD PROVISIONS FOR GMERAL LIABILITY POLICIES
Railroad Protective Liability Form
GENERAL MSTRUCTIONS
1. Standard Language
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 i;ervising authority of the state in which the policy is issued.
2. Optional Sequence and Arrangement
The several parts of the form, viz. "Insuring Agreements," "Exclusions,"
"Conditions" and "Declarations" may appear in the policy in such sequence as
the co=many may elect and the sequence and arrangement of the several pro-
visions of those parts are also optional with the company.
3. Descriptive Headings --Identifying or Inaexing 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 may not be amended or
omitted, but all other identifying or indexing designations (such as
"Coverage A," "Defense, Settlement, Supplementary Payments," "Cancelation,"
etc.), including literal or numerical designations or paragraphs or phrases,
may be amended or omitted at the company's option. When such identifying or
indexing designations, used for the purpose of reference in the text of the
form or any endorsement form applicable thereto, are amended or omitted,
descriptive designations shall be substituted therefor.
4. Additional Coverages or Companies, Explanatory or Connective Language
When policies are issued to provide insurance in this form together with
insurance covering other risks, the addition of aecessary 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.
*Not applicable in Texas
T. Addition of Coverage by Endorsement
When insuring agreements and other provisions relating to any particular
class of insurance are added to this policy by endorsement, such additional
insurance must be expressed in approved standard language relating to the
particular class and must be subject to all standard provisions applicable
to that class by the expressions of the endorsement or of the policy or
of both taken together.
8. Definition of "Standard" and "Approved"
"Standard language" or "approved standard language" when used in these
instructions means the form and endorsements either prescribed or approved
by the insurance supervising authority of.the state in which policy forms.
and endorsements are approved or prescribed. In those states where super-
vising authorities do not have the authority to approve or prescribe poli-
cies, forms and endorsements, the terms mean the forms and endorsements
adopted by the companies for use in such states.
9. Premium Statement
The statement with respect to payment of premium may be amended by an.
endorsement to make necessary provision with respect to payment of premium,
payment of additional premium and return of premium rAnd dividends] * under
the policy.
10. Special Conditions for Mutuals, Reciprocals, and Participating Stock
Companies
When the policy is issued by a mutual company, a reciprocal associ-
ation or a participating stock company having special provisions appli-
cable to its membership or policyholders, such provisions, when approved
by the supervising authority of the state in which the policy is issued if
such approval is required, may be inserted in the policy.
*See General Instruction 10
June 30, 1967. Page 3.
REFERENCE NOTES
1—Matter in brackets may be included, omitted or amended at the option
of the company.
2—The effective hour and date of the policy may be typed or printed in
this space.
3—A statement may be added that a definite notation may be made in the
premium column to show that a particular coverage is not afforded.
4—Hama 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 co -z. ay are to be stated. The type of
the company and the word used throughout the policy suitably to desig-
nate the company are to be stated.
8—The language of this paragraph is optional with the company.
BLANK INDEMNITY COMPANY
BLANK INSURANCE COMPANY
DECLARATIONS
P -11 -road Protective Liability Policy No.
l__..
Item 1. Named Insured UNION PACIFIC RAILROAD COMPANY
Address 1416 Dodqe Street Omaha Douglas Nebraska 68179
No. Street Torn Cor Citj�3 1 County state
Item 2. Policy Period: From (See Reference No. 2) to
1.2:01 A.M., standard time at tho designated fob site as stated herein. .
Item 3. The insurance afforded is only with respect to such of the folloving-eoverages as are indicated
[in Item 6 by specific premium charge or charges. The limit of the company's liability against
such coverage or coverages shall be as stated herein, subject to all the terms of this policy having
reference thereto. (See Reference Note 3.)
Coverages Limits of Liability
I
A Bodily Injury Liability )
$2,000,000.00 per occurrence
B Property Damage Liability ) combined single limit
$6,000,000.00 aggregate
C and Physical Damage to Property
Item 4. Name and Address of Contractor
Item 5. Name and Address of Governmental Authority for whom the work by the contractor is being performed_
Q� w -
o,
F.
W J to
00a) M
N J .
m0
c:
Premium
Item 6. Designation of the Job Site and Bases
Description of Work
Contract Cost
Rental Cost
Advance
Rates Premiums
Coverage A Coverages B& C Coverage A Coverages B& C
Per $100 of Cost
Per $100 of Rental Cost
If Policy Period more than one year:
Premium is payable: On effective date of Policy $
Date and Place of Issue - 1
Countersigned 19 , at
A. Reneval of Policy number.
B. The named insured is a corporation.
lot Anniversary;$ 2nd Anniversary $
1
by
See Reference Note 5
• t
C. Endorsement serial numbers. 6
D. Rating plan or premium discount.
ti
m
July 13, 1967.
Page 6.
(For policy issued by one company)
BLANK INDEMNITY COMPANY
7
(A insurance company, herein called the company)
Agrees with the insured, named in the declarations made a part hereof, in
consideration of the payment of the premium and in reliance upon the state-
ments in the declarations made by the name insured and subject to all of
the terms of this policy:
(For policy issued by two companies)
(Each a
BLANK INDEMNITY COMPANY
and
BLANK INSURANCE COMPANY
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 :Wade 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.
7
June 30, 1967. Page 7.
Coverao C - Physical Damage to Proverty
To pay for direct and accidental loss of or damage to rolling stock
and their contents, mechanical construction equipment, or motive power
equipment, hereinafter called loss, arising out of acts or omissions at
the designated job site which are related to or are in connection with
the.vork 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,=eement.
II. Definitions
(a)
Insured - The unqualified word "insured" includes the named insured
and also includes any executive officer, director or stockholder
thereof while acting within the scope of his duties as such.
(b)
Contractor - The word "contractor" means the contractor designated
in Item. 4 of the declarations and includes all subcontractors of
said contractor but shall not include the na~ed insured.
(c)
Desira�ted employee of the insured - The words "desir ated 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 exclusivelyto the contractor, or
(3) any employee oye of the insured not within (1) or (2) who is
specifically loaned or assigned to the work of the contractor
for prevention of accidents or protection of property, the cost
of whose services is borne specifically by the contractor or .
by governmental authority.
(d)
Contract - The word "contract" means any contract or agreement to
carry a person or property for a consideration or any lease, trust
or interchange contract or agreement respecting motive power, roll-
ing stock or mechanical construction equipment.
III. Defenses, Settlement. Eu gplentary 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 corrpa.,y 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 company, all costs taxed against
the insured ;in any such suit and all interest on. the: entire.
June 30, 1967. Page 8.
amount of any judgment therein which accrues after entry of
the judg:,ent 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 companyts 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, Territory
This policy applies only to occurrences and losses during the
policy period and within the United States of America, its territories
or possessions, or Canada.
EXCLUSION'S
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 gover=ental authority, other than bodily injury, property
damage or loss resulting from the ex=stence 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 Employerst
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 ll.
CONMITIONS
[The conditions, except conditions 3, 4, 5, 6, 7, 8, _9, 10, 11, and 12, apply
to all coverages. Conditions.3, 4, 5, 6, 7, 8, 9, 10, 22, and 12 apply only
to the coverage noted thereunder.],1.
1. Prerdum 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 cost" means the total cost to the contractor for rental
of work trains or other railroad equipment, including the remuneration of all
e.:,ployees of the insured while operating, attached to or.engaged thereon.
The advance premium stated in the declarations is an estimated premium
only. Upon termination of this policy the earned premium shall be computed
in accordance with the company's rules, rates, rating plans, premiums and
mini:.u. premiums applicable to this insurance. If the earned premium thus
corrp-sted exceeds the estimated advance premium paid, the company shall look
to the contractor specified in the declarations for any such excess; if less,
the company shall return to the said contractor the unearned portion paid.
In no event shall payment of premium be an obligation of the named insured.
2. Inspection The named insured shall make available to the company records
of information relating to the subject matter of this insurance.
The company shall be permitted to inspect all operations in connection with
the work described in Item 6 of the declarations.
3. Limits of Liability The limit of bodily injury liability stated in the
Coverage A declarations as applicable to "each person" is the
limit of the 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 Liabilit4 The limit of liability under coverages B and C stated
Coverages B and C in the declarations as applicable to 'teach occurrence"
is the total limit of the companyts liability for all. damages and all loss
under coverages B and C combined arising out of physical injury to, destruction
or loss of all property of one or more persons or organizations, including the
loss of use of any property due to such injury or destruction under coverage
B, as the result of any one occurrence.
Subject to the above provision respecting "each occurrence," the limit of
liability under coverages B and C stated in the declaration as "aggregate" 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,
M
June 30, 1967.
destz^,etion of loss of property, including the loss of use of any property,
due to such i.nju.7 or destruction.under Coverage B.
Under Coverage C, the limit of the companyts liability for loss shall
not exceed the actual cash value of the property, or if the loss is of a
tart 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. Severabii i v of Interests The term tithe 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
companyts 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 nzrsss 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 agents as soon as practicable. If claim is made or suit is
br01-4C:+t against the insured, he shall ir-nediately fon-ard to the company
every demand, notice, su— na 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 regiiest, attend hearings and trials and assist in making
settlements, securing and giving evidence, obtaining the attendance of wit-
nesses and in the conduct of suits. The insured shall not, except at his
awn cost, voluntarily make atur payment, assume any obligation or incur any
expense other than for such immediate medical and surgical relief to others
as shall be imperative at the time of accident.
8. Action Azainst Co?mpa No action shall lie against the company unless,
Coverages, A and B as a condition precedent thereto, the insured
shall have fully complied with all the terns of this policy, nor until the
amount of the insured's obligation to pay shall have been firal.ly determined
either by judL,;nent against the insursd after actual trial or by written
agreement of the insured, the claimant and the company.
Any person or organization or the legal representative thereof who has
secured such judgment or written agreement shall thereafter be entitled to
recover under this policy to the extent of the insurance afforded by this
policy. No person or organization shall have any right under this policy
to join the company as a party to any action against the insured to determine
the insuredts liability. Bankruptcy or insolvency of the insured or of the
insuredts estate shall not relieve the company of any of its obligations
hereunder.
Coverage C No action shall lie against the company unless, as a con-
dition precedent thereto, there shall have been full compliance with all
the terms on this policy nor until thirty days after proof of loss is filed
and the an -mount of loss is determined as provided in this policy.
9. Insured's Duties in Event of boss In the event of loss the insured
Coverage C shall:
Page 12.
June 30, 1967
(a) protect the prolperty, N ether or nol. the loss is covered by this
policy, and any further loss due to the insured's failure to pro-
tect shall not be recoverable underthis policy; reasonable
expenses incurred in affording such protection shall be deemed
incurred at the coxpanyls request]
(b) file with the company, as soon as practicable after loss, his
sworn proof of loss in such form : and including such information
as -the company may reasonably require and shall, upon the com-
pany's
om-pang's request, ethibit the damagedproperty.
Page 13..
10. Aorsraisal If the insured and the compar�p 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 co--petent 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 su4wit their differences to the =pine. An award in
writing of any two shall determine the amount of loss. The insured and the
evapany Chall Each pay his chosen appraiser and shall bear equally the other
expenses of the appraisal and umpire.
The company shall not be held to have waived any of its rients by any
act relating to appraisal.
11. Payment 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 a=-
pany shall be subrogated to all the insuredfs 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. Aralication of Insurance The insurance afforded by this policy is
primary insurance.
15. Three Year Policy A policy period of three years is comprised of
three consecutive annual periods. Computation and adjustment of earned
premium shall be made at the end of each annual period. Aggregate.limits
of liability as stated in this policy small apply separately to each
annual period.
16. Cheaaes Notice to any agent or knowledge possessed by any agent or
by any other person shall not effect a waiver or a change in any part
of this policy or estop the company from asserting any right under the terms
of this policy; nor shall the terms of this policy be waived or changed,
except by; endorsement issued to form... a part of this policy[ signed by
(here,insert titles.of.authorized company officials
or reprasentatives ; provided, however changes may be made in the written
portion of the declaration by (here insert titles
June 30, 1967. Page la.
of authorized company, representatives) when initialed by such
(here insert titles of authorized company representatives) or by endorsement
iss;:rd to form a part of this policy signed by such (here
insert titles of authorized company representatives)j 1.
17. Assignment Assignment of interest under this policy shall not bind the
company until its consent is endorsed hereon.
18. Cancelation This policy, maybe canceled by the named insured by
mailing to the company, written notice stating when thereafter the cancela-
tion, shall be effective. This policy, may be canceled by the company by
mailing to the named insured, contractor and governmental authority at the
respective addresses shown in this policy written notice stating when not
less than thirty days thereafter such cancelation shall be effective. The
mailing of notice as aforesaid shall be sufficient proof of notice. The
effective date and hour of cancelation stated in the notice shall become the
end of the policy period. Delivery of such written notice either by the
named insured or by the company shall be equivalent to mailing.
If the named insured cancels, earned premium shall be computed in
accordance with the custo_ary short rate table and procedure.' If the ccm-
pany cancels, earned premium shall be computed pro rata. Premium adjust-
ment. may be made either at the time cancelation is effected or as soon as
practicable after cancelation becomes effective, but pa;_.ent or tender of
unearned premium is not a condition of cancelation.
19. Declarations By acceptance of this policy the named insured agrees that
such statement in the declarations as are made by him are his agreements and
representations, that this policy -is issued in reliance upon the truth of
such representations and that this policy, embodies all agreements existing --
between himself and the company or any of its agents relating to this insurance.
(For policy issued by one company)
In witness whereof, the Blank Indemnity Company has caused this policy, to
be signed by its president and a secretary at and countersigned 8
on the declarations page by a duly authorized agent of the company.
(FACSIX-ELE OF SIGNATURE) (FACSI14ILE 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.
(FACSI1,11LE OF SIGNATURE) (FACSIMILE 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
, and countersigned on the declarations page by a duly authorized agent
of the company.
(FACSDLTLE OF SIGNATURE) (FACS11MILE OF SIGNATUM)
Secretary President
raas
4' ",
r
CITY OF SALI PSA
REQUEST FOR COMMISSION ACTION
DATE TIME
4/7585 4:00 P.M.
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: APPROVED FOR
N0. 6 City Clerk AGE
ITEM
NO. 5 BY: D. L. Harrison BY:
V41
Resolution Number 85-3773 - WHEREAS, UNION PACIFIC RAILROAD COMPANY has
tendered to CITY OF SALINA, State of Kansas, an- agreement covering rights
for public road crossing, M.P. 1.80, near Salina, Kansas; such agreement
being identified in the records of the Railroad Company as its
C.D. No. 53538-5
('Republic; and Fourth Street crossing)
COMMISSION ACTION
MOTION BY SECOND BY
TO:
cr_OLUTT0:1 85-3773
WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered
to CITY OF SALINA, State of Kansas, an agreement covering public
road crossing at Mile Post 1.80, near Salina, Kansas; such
agreement being identified in the records of the Railroad Company
as its C.D. No. 53538-5; and
WHEREAS, the Council of said City has said proposed
agreement.before it and has given it careful review and con-
sideration; and
WHEREAS, it is considered that the best interests
of said City will be subserved by the acceptance-of.said
agreement;
THEREFORE, BE IT RESOLVED BY THE COUNCII. OF THE
CITY OF SAUNA , 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-
%ied -cagy rrf this resolution.
STATE OF KANSAS )
)SS.
COUNTY OF SALINE )
I, City
Clerk of the City of Salina , hereby certify
that the above and.foregoing Ls_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.200 West Ash Street, Salina, Kansas , on the
day of 19 ,
as the same appears on file and of record Ln tnis office.
IN TESTIMONY ; HZIREOF, I have hereunto, set my hand
and affixed the corporate seal.of said City, this
day of 19
(SEAL)
'Ze s . Ci-ty C.Lerk- of-. t :e City a L
UNION PACIFIC
� SYSTEM
Paul A. Conley, Jr.
Assistant Vice
President -Law
Union Pacific Railroad
Missouri Pacific Railroad
AFAR 8 1985
C-53538-5
City of Salina
200 West Ash Street
Salina, Kansas 67401
Gentlemen•
Re: Proposed Agreement with City of Salina Covering
Public Road Crossing, M.P. 1.80, 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.
Very truly yours,
Paul A. Conley, JIF
cc: Mr. R. W. Redick - with copy of agreement
Law Department
1416 Dodge Street
Omaha, Nebraska 68179
UNION UNION
PACIR
PACIFIC
SYSTEM
LI I I LI
C. W. Saylors
Manager -Contracts
Union Pacific Railroad
Missouri Pacific Railroad
May 2, 1985
C-53538-5
City of Salina
200 West Ash Street
Salina, Kansas 67401
Gentlemen:
RE: Agreement with City of Salina Covering Public Road
Crossing at Mile Post 1.80, Salina, Kansas.
Enclosed is your fully executed counterpart of the
above instrument. Please retain this instrument for your
file.
1296i
Law Department
1416 Dodge Street
Omaha, Nebraska 68179
Yours very truly,
Paul A. Conley, J