uprr inst. fiber optic 10/29/1986UNION PACIFIC RAILROAD COMPANY
REAL ESTATE DEPARTMENT ROOM 300
1416 DODGE STREET
OMAHA, NEBRASKA 68179
October 29, 1986
255-23
Mr. Dean Boyer
Director of Engineering & Utilities
City of Salina, Kansas
City -County Building
300 West Ash
Salina, KS 67401
Dear Mr. Boyer:
Herewith fully executed copy of License Agreement, Audit
No. 255-23, signed in connection with the Railroad Company's right
of way Salina, Kansas.
The Railroad Company has authorized the installation of
fiber optic cable facilities on its property in certain areas.
Prior to using the Railroad Company's property covered herein, you
should thoroughly review the terms and conditions of this document.
and contact the Railroad Company at 1-800-336-9193 to determine if
a fiber optic cable is buried on the subject property.
In accordance with the terms of the agreement, 48 hours
in advance of entering the right of way you should arrange to
notify our Roadmaster:
Mr. D. M. Noble
P. O. Box 1423
Salina, KS 67402
(913)827-7341
Very truly yours,
R. W. CHRISTENSEN
Manager -Real Estate Contracts
PIPE LINE AGREEMENT
CROSSING
Mile Post 4.03, McPherson Branch
Near Salina, Saline County, Kansas
OUK=TE ORIGINAIrUCq MIM; COPY
Audit No. 255-23
THIS AGREEMENT is made and entered into as of the --,7 /-7 day of
19 AG by and between UNION PACIFIC RAILR6/C6-COMPANY, a
to corporation (hereinafter the Licensor) and CITY OF SALINA, KANSAS, a
Municipal Corporation of the State of Kansas, of 300 West Ash, Salina, Kansas,
67401 (hereinafter the Licensee).
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
Article 1. LICENSE FEE.
Upon the execution of this Agreement, the Licensee shall pay to the
Licensor a license fee of two hundred fifty dollars ($250.00).
Article 2. LICENSOR GRANTS RIGHT.
In consideration of the license fee to be paid by Licensee and in further
consideration of the covenants and agreements herein contained to be by the
Licensee kept, observed and performed, the Licensor hereby grants to the
Licensee the right to construct and thereafter, during the term hereof, to maintain
and operate an underground sewer pipe line (hereinafter called the Pipe Line) in
the location shown and in conformity with the dimensions and specifications indicat-
ed on the attached print marked Exhibit A.
Article 3. CONSTRUCTION, MAINTENANCE AND OPERATION.
The grant of right herein made to the Licensee is subject to each and all
of the terms, provisions, conditions, limitations and covenants set forth herein and
in Exhibit B, hereto attached.
Article 4. TERM.
This Agreement shall take effect as of the date first herein written and
shall continue in full force and effect until terminated as herein provided.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed as of the date first herein written.
Witness:
Witness:
Wire/Pipe Line Agmt Crossing
Form App 8/86
AVP -Law
UNION PACIFIC RAILROAD COMPANY
By
General Director -Real state
CITY OF,$ALINA, KANSAS
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Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
(a) The foregoing grant of right is subject and subordinate to the prior
and continuing right and obligation of the Licensor to use and maintain its entire
property including the right and power of the Licensor to construct, maintain,
repair, renew, use, operate, change, modify or relocate railroad tracks, signal,
communication, fiber optics, or other wire lines, pipe lines and other facilities up-
on, along or across any or all parts of its property, all or any of which may be
freely done at any time or times by the Licensor without liability to the Licensee
or to any other party for compensation or damages.
(b) The foregoing grant is also subject to all outstanding superior
rights (including those in favor of licensees and lessees of the Licensor's proper-
ty, and others) and the right of the Licensor to renew and extend the same, and
Is made without covenant of title or for quiet enjoyment.
Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION.
(a) The Pipe Line shall be constructed, operated, maintained, repaired,
renewed, modified and/or reconstructed by the Licensee in strict conformity with
Union Pacific Railroad Co. Common Standard Specification 1029 adopted November
1949, and all amendments thereof and supplements thereto, which by this reference
is hereby made a part hereof, except as may be modified and approved by the
Licensor's Assistant Vice President -Engineering. In the event such Specification
conflicts in any respect with the requirements of any federal, state or municipal
law or regulation, such requirements shall govern on all points of conflict, but in
all other respects the Specification shall apply.
(b) All work performed on property of the Licensor in connection with
the construction, maintenance, repair, renewal, modification or reconstruction of
the Pipe Line shall be done under the supervision and to the satisfaction of the
Licensor.
(c) Prior to the commencement of any work in connection with the con-
struction, maintenance, repair, renewal, modification, relocation, reconstruction or
removal of the Pipe Line where it passes underneath the roadbed and track or
tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out
the method and manner of handling the work, including the shoring and cribbing,
if any, required to protect the Licensor's operations, and shall not proceed with
the work until such plans have been approved by the Assistant Vice President -
Engineering of the Licensor and then only under the supervision of the Assistant
Vice President -Engineering or his authorized representative. The Licensor shall
have the right, if it so elects, to provide such support as it may deem necessary
for the safety of its track or tracks .during the time of construction, maintenance,
repair, renewal, modification, relocation, reconstruction or removal of the Pipe
Line, and, in the event the Licensor provides such support, the Licensee shall
1
Exhibit B -PL Lic
Form App 8/86
AVP -Law
Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
(a) Fiber optic cable systems may be buried on the Licensor's property.
Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to de-
termine if fiber optic cable is buried anywhere on the Licensor's premises to be
used by the Licensee. If it is, Licensee will telephone the telecommunications
company(ies) involved, arrange for a cable locator, and make arrangements for
relocation or other protection of the fiber optic cable prior to beginning any work
on the Licensor's premises.
(b) In addition to the liability terms elsewhere in this Agreement, the
Licensee shall indemnify and hold the Licensor harmless against and from all cost,
liability, and expense whatsoever (including, without limitation, attorney's fees and
court costs and expenses) arising out of or in any way contributed to by any act
or omission of the Licensee, its.contractor, agents and/or employees, that causes
or in any way or degree contributes to (1) any damage to or destruction of any
telecommunications system by the Licensee, and/or its contractor, agents and/or
employees, on Licensor's property, (2) any injury to or death of any person em-
ployed by or on behalf of any telecommunications company, and/or its contractor,
agents and/or employees, on Licensor's property, andlor (3) any claim or cause of
action for alleged loss of profits or revenue by, or loss of service by a customer
or user of, such telecommunciation company(ies).
Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES.
(a) The Licensee shall fully pay for all materials joined or affixed to
and labor performed upon property of the Licensor in connection with the con=
struction, maintenance, repair, renewal, modification or reconstruction of the Pipe
Line, and shall not permit or suffer any mechanic's or materialman's lien of any
kind or nature to be enforced against the property for any work done or materials
furnished thereon at the instance or request or on behalf of the Licensee. The
Licensee shall indemnify and hold harmless the Licensor against and from any and
all liens, claims, demands, costs and expenses of whatsoever nature in any way
connected with or growing- out of such work done, labor performed, or materials
furnished.
(b) The Licensee shall promptly pay or discharge all taxes, charges and
assessments levied -upon, in respect to, or on account of the Pipe Line, to prevent
the same from becoming a charge or. lien upon property of the Licensor; and so
that the. taxes, charges and assessments levied upon or in respect to such proper-
ty shall not be increased because of the location, construction or maintenance of
the Pipe Line or any improvement, appliance or fixture connected therewith placed
upon such property, or on account of the Licensee's interest therein. Where such
tax, charge or assessment may not be separately made or assessed to the Licensee
but shall be included in the assessment of the property of the Licensor, then the
Licensee shall pay to the Licensor an equitable proportion of such taxes determined
by the value of the Licensee's property. upon property of the Licensor as compared
with the entire value of such property.
3
Exhibit B -PL Lic
Form App 8/86
AVP -Law
If the Licensee fails to do the foregoing, .the Licensor may do such work of remov-
al and restoration at the cost and expense of the Licensee. The Licensor may, at
its option, upon such termination, at the entire cost and expense of the Licensee,
remove the portions of the Pipe Line located underneath its roadbed and track or
tracks and restore such roadbed to as good a condition as it was inat the time of
the construction of the Pipe Line, or it may permit the Licensee to do such work
of removal and restoration under the supervision of the Licensor. In the event of
the removal by the Licensor of the property of the Licensee and of the restoration
of the roadbed and property as herein provided, the Licensor shall in no manner
be liable to the Licensee for any damage sustained by the Licensee for or on ac-
count thereof, and such removal and restoration shall in no manner prejudice or
impair any right of action for damages, or otherwise, that the Licensor may have
against the Licensee.
Section 12,. L WAIVER OF BREACH. -
The waiver by the Licensor of the breach of any condition, covenant or
agreement herein contained to be kept, observed and performed by the Licensee
shall in no way impair the right -of the Licensor to avail itself of any subsequent
breach thereof.
Section 13. TERMINATION.
(a) If the Licensee does not use the right herein granted or the Pipe
Line for one. (1) year, or if the Licensee continues in default in the performance.
of any covenant or agreement herein contained for a period of thirty (30) days
after written notice from the Licensor to the Licensee specifying such default, the
Licensor may, at its option, forthwith immediately terminate this Agreement by
written notice.
(b) In addition to the provisions of subparagraph (a) above, this
Agreement may be terminated by written notice given by either party hereto to the
other on any date in such notice stated,, not less, however, than thirty (30) days
subsequent to the date, upon which such notice shall be given.
(c) Notice of default and notice of termination may be served personally
upon the Licensee or by mailing to the last known address of the, Licensee. Ter-
mination-. of this Agreement for any reason shall not affect any of . the rights or
obligations of the parties hereto which may have accrued, or liabilities, accrued or
otherwise; which may have arisen prior thereto.
Section 14. AGREEMENT NOT TO BE ASSIGNED.
The Licensee shall not assign this Agreement, in whole or in part, or
any rights herein granted, .without the written consent of the Licensor, and it is
agreed that any transfer or assignment or attempted transfer or assignment of this
Agreement or any of the rights herein granted, whether voluntary, by operation
of law, or otherwise, without such consent in writing, shall be absolutely void
and, at the option of the Licensor, shall terminate this Agreement.
5
Exhibit B -PL Lic
Form App 8/86
AVP -Law,
RESOLUTION 86-3861
WHEREAS, Union Pacific Railroad Company has tendered to
the City of Salina, Kansas, an agreement covering the use of the
Railroad Company's right of way at Salina, Saline County, Kansas,
for an underground sewer pipe line crossing,
WHEREAS, the Council of the City of Salina, Kansas, has
said proposed agreement before it and has given it careful review
and consideration; and
WHEREAS, it is considered that the best interests of
said City of Salina, Kansas, will be subserved by the acceptance
of said agreement;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SALINA, KANSAS,
That the terms of the agreement submitted by Union
Pacific Railroad Company as aforesaid be, and the same are hereby,
accepted in behalf of said City;
That the Mayor of said City is herebyauthorized,
empowered and directed to execute said agreement on behalf of said
City and that the City Clerk of said City is hereby authorized and
directed to attest said agreement and to attach to each duplicate
original of said agreement a certified copy of this Resolution.
STATE OF KANSAS )
)ss
COUNTY OF SALINE )
I,p/-. 4 A P_ R 1S 64/ , City Clerk of the
City of Salina,Kansas, hereby certify t at the above and forego -
Ing is a true, full and correct copy of a resolution adopted by
the City of the City of Salina, Kansas, at a meeting held accord-
ing to law at Salina, Kansas, on the -_-Aa:�P. day of ai,-* ,
19 gl,, as the same appears on file and -T record in this�Oce.
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and
affixed the corporate seal of said City this
2&% day of
Resolution
Form Approved 8/86
AVP -Law
G"A , 19 9.
City Clerk of t eity o
Salina, State of Kansas