HomeMy WebLinkAbout800873.tiff eas, r'1
UNION PACIFIC RAILROAD COMPANY
REAL ESTATE DEPARTMENT
A.O.MEYER uvioH 1416 DODGE STREET
DISTRICT REAL ESTATE DIRECTOR PA n-ic OMAHA,NEBRASKA 88179
I'IIII
June 20, 1980
MEW MU C MIISSIYNUS CD 10936-1
County Clerk j619BoU
''i
County of Weld
915 10th Street
Greeley, Colorado 80631 GREELEY. COLE.
Gentlemen:
Please refer to Agreement C.D. No. 10936-1 between
Union Pacific Railroad Company and County of Weld covering
lease of right of way for highway purposes in Dent, Colorado
which will expire by latest extension August 26 , 1980.
In the past, our leases were prepared on an individual
basis, generally for a 5-year term. Extension or renewal of
these agreements for a further 5-year term required individual
negotiations which, of course, were costly and time consuming.
Therefore, rather than extending our former leases for a period
of five years as we have in the past, we have adopted a new
standard highway lease agreement (copy attached) which we are
implementing on a system-wide basis. The new agreements are
prepared for a standard 25-year term.
In order to further expedite the handling of these
leases, we have standardized our highway lease rentals and
allowed for a discounted lump sum rental payment as follows:
Total Rental for 25-year Discounted
Lease Area Rental term if invested at 7% Rental Rate
1.00 to 4.99 ac. $100.00 per year $ 6,325.00 $1,165.00
5.00 to 10.00 ac. $200.00 per year 12,650.00 2,330.00
As further information, for areas less than one acre
we propose a one-time lump sum payment of $300.00 and for areas
greater than 10 acres we propose individual negotiations based
on present-day land values in order to establish a fair rental
rate and still maintain rental continuity. In line with the
above, rental for the .5 acres occupied by the highway, for
a further 25-year term will be $300.00 for the entire term,
payable in advance.
a
800873
Upon receipt of your favorable consideration of this
proposal, I will recommend to our Management that Union Pacific
enter into a 25-year highway lease agreement with County of
Weld on the basis described above.
Very truly yours,
y
7
DATA SHEET
C. D. No. •
• Audit No. OMA-
THIS AGREEMENT; made and entered into as of the
day of , 19_, •
by and between UNION PACIFIC RAILROAD COMPANY, a corporation of the State
of Utah (hereinafter the Lessor) , and
• , a corporation of the State of
(hereinafter the Lessee) , WItNESSETH:
IT IS MUTUALLY COVENANTED AND AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:
Section 1. LEASE; TERM.
•
The Lessor hereby leases to the Lessee for a term of twenty-
five (25) years effective as of the date first herein written, unless
sooner terminated in accordance with the terms hereof, the premises shown
outlined in on the print dated
marked Exhibit A, hereto attached. -
Pages 2 thru 6: "h/w 25yr [insert following rental amount in
Section 2: )
Railroad Protective Liability Form,
marked Exhibit B. attached pur-
suant to Section 13: •
If Federal-aid project (p. 4) $500,000.00 - $1,000,000.00
If not Federal-aid project (p. 4) $750,000.00 - $1,000,000.00
•
- 7 • Section 2. RE: 1L; TAXES ; 'ASSESSMENTS; ONSTRUCTION ; LIABILITY.
As a .onsideration for this L. .se the Lessee agrees to
pay in advance to the Lessor a rental of
; to assume all taxes and assessments levied upon the
• leased premises during the continuance of this Lease, not in-
cluding taxes or assessments levied against the leased premises
as a component part of the railroad property of the Lessor in
the state as a whole; to construct and maintain the highway on
• the leased premises in accordance with plans and profiles ' subr
pitted to and approved by the Chief Engineer of the Lessor be- .
fore the work is commenced; to keep the leased premises free
from combustible material; to plant no trees or shrubbery there- .
on without the previous written consent of the Lessor, and to
erect no structures thereon except such as may be necessary fpr
highway purposes; to put nothing upon -the leased premises which
might obstruct or interfere with the view; to provide, in lo- •
cations and in accordance with plans approved by the. Lessor.
before the work is commenced, such ditches , culverts, bridges
and other structures as may be necessary properly to care for
the drainage from the leased premises and the adjoining right
of way of the Lessor; and to hold the Lessor harmless from any
and all damages to any of such structures on the leased premises
arising from fire caused directly or indirectly by sparks . or
fire emitted from the engines or trains of the Lessor; and
further to hold the Lessor harmless from any damages to the
highway upon the leased premises which may result from the
construction or maintenance of drainage ditches or waterways
by the Lessor.
• The Lessee shall, in the construction, maintenance
and improvement of the highway on the leased premises, take
every precaution to prevent damage to, .or the impairment
of the stability of, the poles in any pole line of the Lessor . .
or of its tenants; and the Lessee shall, at its own expense,
reset or relocate, at and under the direction of . the Lessor
any pole or poles that are, or are likely to be, damaged
or weakened because of the construction of such highway or
the maintenance or improvement of the same, or shall reimburse
the Lessor for the cost of resetting or relocating any such
pole or poles if the Lessor elects to do the work itself.
Section 3. COST OF CHANGES. .
In connection with the construction of the highway
on the leased premises the Lessee shall assume the cost of
any necessary changes within the limits of the right of way
of the Lessor in the construction, grade or drainage of
highways or other roadways crossing the Lessor's right -
•
of way.
•
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h/w 2 •
25yr .
Section 4. REPOSSESSION FOR RAILROAD PURPOSES; SUBJECT TO
MINERAL DEED DATED AS OF APRIL 1, 1971.
The Lessor reserves the right to take possession
of all. or any portion of the leased premises whenever the
•
use thereof nay become necessary or expedient, in the judgment
of the Lessor, for railroad purposes, including the location
of public or private warehouses, elevators, or other structures
with .the design to facilitate and promote traffic; PROVIDED,
however, that in the event the Lessor elects to take pos-
session of all or any portion of the leased premises in
accordance with this reservation, it shall first serve upon
the Lessee ninety (90) days ' . written notice of such election.
•
This Lease is made subject to deed dated as of •
-
April 1, 1971, whereby Lessor conveyed to Union Pacific Land
Resources Corporation all minerals and all mineral rights
of every kind and character now known to exist or hereafter
discovered, including, without limiting the generality of
the foregoing, oil and gas and rights thereto, together with
the sole, exclusive and perpetual right to explore for, remove
and dispose of, such minerals by any means or methods suitable
to Union Pacific Land Resources Corporation, its successors
and assigns, but without entering upon or using the surface
of the lands hereby leased, and in such manner as not to
damage the surface of such lands or to interfere with the
• use thereof by the Lessor, its successors and assigns.
•
Section S. RESERVATION OF RIGHT TO CROSS LEASED PREMISES
WITH RAILROAD TRACKS. .
The Lessor reserves the right to cross the leased
premises with such railroad tracks as may be required for
its convenience - or purposes in such manner as not unreasonably.
to interfere with their use as a public highway. In the event
the Lessor shall place tracks upon the leased premises in
accordance with this reservation, it shall, upon completion
of such tracks, restore the highway across the same to its
former state of usefulness.
• Section 6. USE. OF LEASED PREMISES.
The Lessee shall not use the leased premises or
permit then to be used except for the usual and ordinary
purposes of a . street or highway, and it is expressly under-
stood and agreed that such 'purposes shall not_ be deemed to
include the use by the Lessee, or by others, of the leased
premises for railroad, street or interurban railway or other
rail transportation purposes or for the construction or main-
tenance of electric power transmission lines, gas, oil or
gasoline pipe lines.
•
h/v .
25yr .
P'
;_� J Pis
Section 7. SUPERIOR RIGHTS. .
This Lease is subject to all outstanding superior
rights (including those in favor of licensees and lessees of
. the Lessor's property, and others) and to the right of the
Lessor to renew and extend the same; and it is understood that
nothing in this Lease contained shall be construed as a
covenant to put the Lessee into possession or to protect the
Lessee in the peaceable possession of such premises.
•
Section 8. SPECIAL ASSESSMENTS.
No special assessments for establishing or improving
- the highway located upon the leased premises are to be made -
against the adjacent railroad right of way of the Lessor,
and the Lessee agrees to protect the Lessor against and save
it harmless- from such special assessments.
•
Section 9 . CONSTRUCTION, MAINTENANCE AND RELOCATION -
. OF FENCES AND BARRIERS.
The Lessee agrees that, at points where the Lessor
at the date hereof maintains a fence on its right of way
between its track and the inner margin of the leased premises,
the Lessee will, at its- own cost and expense, move such fence
to the inner margin of the leased premises, and that, at
points where the Lessor does not maintain a fence in such .
. location, the Lessee will construct a fence on the inner
margin of the leased premises when and where requested in.
writing by the Lessor. The Lessee further agrees to assume
the responsibility of constructing or of making such arrange-
ments as may be necessary with owners or lessees of property
abutting upon the right of way along the line of such highway
for constructing, maintaining and repairing fences on the
• outer margin of the Lessor's right of way, and to relieve
the Lessor of all obligation, if any there be, to establish
• or maintain fences upon the outer margin of its right of
way and of all •expense incident to the construction, main-
tenance and repair of such fences. In the relocation of
existing fences and in the construction of new fences in -
accordance with the provisions of this section, the Lessee
shall, at it ; own cost and expense, also relocate or construct
such wing fences that may be necessary and also any necessary
connections with existing fences of the Lessor. All fences
-shall be in accordance with the standards of the Lessor and
all work of relocating and constructing fences shall be done
in a manner satisfactory to the Lessor. -
At points where the highway is higher than or on the
same level as or less than two (2) feet below the level of
tracks of the Lessor and forms a -curve convex to such tracks,
h/w 4 .
25yr .
_ n n
the Lessee, at its expense, shall construct and thereafter •
• maintain substantial barriers on the track side of the high
way so as to prevent vehicles moving from such highway or
being overturned or thrown therefrom across the roadbed or
tracks of the Lessor, and such barriers shall be of such
nature, material, dimensions and strength as shall be •
approved by the Chief Engineer of the Lessor.
Section 10 PROTECTION OF REVERSIONARY INTERESTS. .
For the purpose of protecting the reversionary .
interests of the Lessor against the assertion of adverse
rights, the Lessee agrees to prevent encroachments upon the
leased premises, and to this end will, at its own expense, •
take all necessary action, including as far as practicable
the building of its ditches on and the borrowing of earth
from the outer margin of the leased premises.
Section 11. TERMINATION ON DEFAULT.
If the Lessee should breach or fail to keep any
of the covenants or conditions hereof, or fail to perform
such covenants or conditions , or to remedy the same for thirty '
(30) days after written notice of such failure or breach
on the part of the Lessee , given by the Lessor to the Lessee,
then this Lease shall be null and void. .
Section 12. TERMINATION ON NONUSER.
. Nonuser by the Lessee of the leased premises for
highway purposes continuing at any time during the -term hereof
for a period of eighteen (18) months shall, at the option
of the . Lessor, work a termination Of this Lease and of all
rights of the Lessee hereunder, and nonuser by the Lessee
of a portion of the leased premises continuing for a like
period shall, at the option of the Lessor, work a termination
of all rights and interests of the Lessee with respect •to
such portion. •
Section 13. RAILROAD PROTECTIVE LIABILITY INSURANCE.
The Lessee agrees that any contractor performing
work contemplated hereunder shall be required to procure
for and on behalf of the Lessor and to keep in effect, during
the entire period of the operations of such contractor or
any subcontractor, insurance of the kinds and amounts stated
in the Railroad Protective Liability Form, marked Exhibit B,
attached hereto, such insurance to be acceptable to the Lessor
and to be in addition to any other forms of insurance or
bonds required under the terms of any contracts between the
Lessee and such contractor or subcontractors.
•
'5
h/w .
25yr
The originals of all policies of insurance required
under Exhibit B shall be furnished to the Lessor and shall
be acceptable to and approved by the Lessor as to form,
substance and execution and as to the insurer issuing such
policy or policies. Such insurance shall be kept in effect.
until all of the work to be performed by such contractor
or subcontractors shall have been completed and formally •
accepted by the Lessee.
•
•
Section 14 . LESSEE NOT TO ASSIGN OR SUBLET.
This Lease is not to be assigned, nor is any portion ,
of the leased premises to be sublet, without the written
consent of the Lessor. The Lessee will surrender peaceable .
possession of the leased premises at the expiration of this -
Lease.
Section 15. SUCCESSORS AND ASSIGNS.
All covenants and agreements herein recited are
made by the parties hereto for, and shall be binding upon,
themselves and their successors and assigns. •
IN WITNESS WHEREOF, the parties hereto have caused
this instrument to be executed in duplicate as of the date ' . •
first herein written.
•
Witness: UNION PACIFIC RAILROAD COMPANY,
By •
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hew 6
25yr •
June 30, 1967. -
EXHIBIT B I
For attachment to C.D. No.
•
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STANDARD PROVISIONS FOR GENERAL LIABILITY POLICIES
RAILROAD PROTECTIVE LIABILITY FORM .
•
Including Instructions for
Preparation of Policies by Companies .
•
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F.-
STAIr p PROvlsIOA•S FOR GREERAL intstnt POLICIES -- -__._..._ ....
Railroad Protective Liability Form
GEI�.AL INSTRUCTIOMS
. 1. Standard Language -
This form is expressed in stPron -g language which may not be amended and _
no part of which maybe omitted except (a) as tnatcated by these instructions,
or (b) as indicated in reference notes shown below referring to specific pox'- :
• bons of the form, or (c) by en endorsement which states an amendment or
exclusion of some provision of the form in accordance with the provisions of. a ranual rule, the form of which endorsement has been agp�Ye1, if required
by the supervising authority of the state in which the policy is issued. , '
s i
2. Optional Sequence and. Arrangement '
• The several parts of the fora, viz. "Insuring Ag_ee'tents," "Exclusions,"
"Conditions" and "Declarations" may appear in the policy in such sequence as
the c. any may elect and the sequence and arrangement of the several pro-
visions of those parts-ire also optional with the company.
3. Descriptive Headings-_Identifying 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 mreY not be amended or
omitted, but all other identifying or indexing des-sgnation (such as
"Coveage A," " efens Settlement, Supplementary Payments," "Cancelation,"
etc.), including literal numerical designations or
ray be amended or o fitted, at the co paragraphs d or Phrases,or
company's opt_on. When such identifying
dentifying 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, P.colanatory 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 conies may be used and, if
necessary,
par'ap'hrased to pewit such policies to be issued by more than two
5. Declarations--Including Other Risks .
•
A common set of declarations maybe used in those cases -where policies in
this form are issued with policies covering other risks.
•
*6. Installment . alum Payment •
Policies writt
' iTo �e for lapse en to prode for siyment of premium in'ins ll _nts may , _
PP--cableprcrvi or suspenon of the policy upon default of payment when due.
7. Addition of Coverage by Endorsement
When insuring agreements an �- '. , .
a d other provisions relating to
- insurance assofi Suranae are added to this policy by endorsement such particular
1 particular
be expressed in approved standard , additional
�a class and must be subject to all stanaP,y, ro sions av ltoi the
= to that class by the expressions of the endorsement
of both taken together.- provisions policy
or
HI
cement or of the policy or
8. Definition of "Standard" and "Approved"
nd d
"Stn s language" or "approved standard language"'
instructions mans the form and wage when used
by insurance endorsements either in these
andbyd the dorsurance are approved sing authority of the state in which policy aPforms .
ien pproved or prescribed. stateh here suer s authorities do not have theto those states prescribe spol-
dies, forms and endorsements the authority mean
e a the orove orsuper-
.adopted by the companies for-use�ine such mstaates. forms an. endorsements
9. Premium Statement
The statemen
t with respect to ayment of premium =
endorsement to make necessz_+-�, provision may amended by
the policI - payment y,additional premium with premix=
respect to payment of premium,
and return of
and 3ividends�* under
CoompaSiecial Conditions for DE1tu=_Is, Reciprocals, and Participating P-tang Stock
anon en theor policy is issued by- a mutual c .participating stock co-v� s a reciprocal associ-
cable to its membership company ��n6 special '
or policyholders, such provisions
by the supervising authority f L Provisions, when approved
such approval is required of ehe state in which the policy is su d if
maybe inserted in the policy,
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*See General Instruction 10
PTO
i brackets maybe included� omitted
of the c
03 amended
at the option
2—the effective hour and date of the
this space, . :
P°licy may be pr
tYpe3 or inted is
3 A statement maybe added that a definite
premium column to show that a particular potation may be made inthe
• k—.Tarr_ of company may be shown. overage is not afforded, "
<ra. _
5--The capacity of the
person cotuitersi
6--Additional galag y�y be stated., ..
declarations of this ,,
or information regarding installment calls
at r inthe option of the cow lment a n3 for general info used
payment of preaitra, may, be used
7—'"he nape and location of the company -
. name and the used throughoutare to be The
the' e the compstated, r*
any a_e to be stated. the Po13cy suitably tYPe of
to 3esig-
-. ` 6—The language of this paragraph is optional with th
e co pagy.
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BLANK INDEMNITY COMPANY [,
(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:
:_... . s
(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.
~� ") Coverage C - Pk cal Damage to Property . -.. .
•
To pay for direct and accidental loss of or damage to rolling stock
and their contents, mer7+Anical, 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 work described in Item 6 of the declarations; provided such property
is owned. by the named insured or is leased or entrusted to the tamed
insured under a lease or trust agreement. . -
II. Definitions
f *:
(a) Insured - The unquelified word "insured" includes the named insured E
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 named insured. ._ - -
(c) Designated employee of the insured - The words "designated employee
. of the insured" moan:
1) any supervisory employee of the insured at the job site,
(a) 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 exmlusively 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 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 polder, roll-
ing stock or mechanical construction equipment. -
III. Defense. Settlement. Supplementary Payments
With respect to such insurance as is afforded by this policy under
coverages A and S, the comneny shall:
(a) defend any suit against the insured alleging such bodily injury or
Property damage and seeking Ani-ages which are payable under the
terms of this policy, eved'if any of the allegations of the suit
are groundless, false or fraudulent, but the co-parry 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 corpany, all costs taxed against
L the insured in any such suit and all interest on the entire
amount of any judgment therein which accrues after entry of. ,_ _- -_
the judgment 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 comps is 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 ►irrit 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 . 's"
and surgical relief to others as shall be imperative at the
time of the occurrence; •
(4) ell 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. .
•
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 bo•I-ly injury or property damage caused intertionaly 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 govern.wental authority, other than•bodily injury, property
damage or loss resulting from the ex=stence or removal of tools,
uninsta_led equipment and abandoned or unused materials;
(d) under coverage's A (1), B and C, to bodily injury, property damage
or loss the sole pro dmate cause of which is an act or omission
in
sured any 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 nay 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) o-,red
by the named insured or (ii) leased or entrusted to the named insured
under a lease or trust agreement.
(g) ipc • •
1. Under any Liability Coverage, to injury, sickness, disease, death
or destruction
_ Y•
(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•- 1r• -- •-
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.
•
•
—
v-y 4. As used in thfexclusion:
"hazardous properties" include radioactive, toxic or explosive
properties;•
• "nuclear material" means source material,' special nuclear material
or byproduct material; rf s ,
"f
"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; ` - .
•
,.,• s
Ts t'•a':y
"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, or 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.
r
•
•
•
•
.• [The conditions, except conditions 3, 4 5, 6, 7, 8, 9, 10, 11, end 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 <[ rr
• 1. Premium The premium bases and rates for the hazards described in the
declarations are stated therein. Premium bases and rates for hazards
• 'not so d• escribed are those applicable in accordance with the manuals in
. . use by the company. .t• =._ •s ,C:.A . . —
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 hark trains or other railroad equipment, including the remuneration of all• '
erwloyees 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 compa-j-'s rules, rates, rating plans, premiums and
minimum 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 any such excess; if less,
the company shall return to the said contractor the unearned portion paid. -• ,
•
In no event shall payment of premium bean 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'liabi?ity 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 steed in
the declarations as applicable to "each occurrence" is, subject to the above
provision respecting each person, the total limit of the company's 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 applicable 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 15m;t 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,
‘
•" - - i• ~ destruction of loss of property, including the loss of use of any property,-
due to such injury or destruction under Coverage B.
Under Coverage C, the limit of the company's liability for loss 41,» '
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,tera "the insured" is.used severally and -Coverages A and B - not collectively, but the inclusion herein -- .- / J,--
of more than one insured shall not operate to increase the limits of the ''' ---
co,pony's liability.
w
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 circumstances
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 agents as soon as practicable. If claim is made or suit is
-brought against the insured, he shall immediately forward to the company -
every dcand, notice, summons 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 company's request, attend hearings and trials and assist in making
settlements securing and giving evidence, obtaining in the attendance of wit-
nesses and the conduct of suits. The insured shall not, except at his '
owu cost, voluntarily make any 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 Against Company. No action shall lie against the company unless,
Coverages- A and B ' as a condition precedent thereto, the insured - -
shll have fully complied with ellthe terms of this policy, nor until the
amount of the insured's 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 cl-i-=nt 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 insured's 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 full 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, Insured's Duties in Event of Loss In the event of loss the insured .
Coverage C shall : -
{a) protect the property, 'Whether or not the Ids§ is covered by this
policy, and any further loss due to the insured's failure to pro-
tect shall not be recoverable under this policy; reasonable -: .
expenses incurred in affording such protection shall be deemed
incurred at the ccapanyts request; .
(b) file with the comps y, '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 con-
panyts request, ex₹ibit the damaged property.
10. Appraisal 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 aecompotent and disinterested umpire. The apprais-
ers shall state separately the actual cash value and the amount of loss and ' . '
_ailing to agree shall submit thcir differences to the umpire. An award in
writing of any two shall determine the amount of loss. The insured and the _
company shall 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 rights 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. Subroeation In the event of any payment under this policy, the con—
pany shall be subrogated to ell 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. Application of Insurance The insurance afforded by this policy is
primary insurance.
•
15. Three Tear Policy A policy period of three years is ccmprised 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 shall apply separately to each •
annual period. - •
16. Chances 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 compny 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 comnPny officials
or representatives); provided, however changes may be made in the written
portion of the declaration by (here insert titles
r
T o"'uguthorized company reprefatives) when initialed by sucf1J —._ - ,
. , Dere insert titles of authorized company representatives) or`-"6y endorsement
issued to form a part of this policy signed by such (here
insert titles of authorized company representatives)) f, . . _ -
-
17. Assignment Assignment of interest under this policy shall not bind the
company until its consent is endorsed hereon. .,-
-r + * y .. £ x -171-,-_-:;,-,. ..•
18. Cancelation This policy may be canceled by the named insured by - -
nftiling to the company written notice stating when thereafter the cancela-„m,_,
tion shall be effective. This policy may be canceled by the company by '' - .
mailing to the named insured, contractor and gbvernaental 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 con any shall be equivalent to mailing. -
If the named insured cancels, earned premium shall be computed in
accordance with the customary short rate table and procedure. If the con— :
pang cancels, earned premium shall be computed pro rata. Premium adjust— - --
• tent may be made either at the time cancelation is effected or as soon as _
practicable after cancelation becomes effective, but payment 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 arty of its agents relating to this insurance. '
(For policy issued by one company)
In witness whereof, the Blank Indez-.ity 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. - -
(FACSIi-ILE OF SIGNATURE) (FACSIMILE OF SIGNATURE)
Secretary . . . . President -
(For policy issued by two companies)
In witness whereof, the Blank Irdexnity 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.
(FACSIMILE 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 8
, and countersigned on the declarations page by a duly authorized agent
of the company.
(FACSIMILE OF SIGNATURE) (FACSIMILE OF SIGNATURE)
Secretary - President
•
•
..- . ._--.ate
Hello