HomeMy WebLinkAbout820800.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY
FOR WELD COUNTY ROAD NUMBER 37 RIGHT-OF-WAY AND AUTHORIZA-
TION FOR CHAIRMAN TO SIGN SAME
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Union Pacific Railroad Company has tendered
to the County of Weld, State of Colorado, an agreement covering
lease of certain portions of the right-of-way of the Railroad
Company in Weld County, Colorado, to be used for highway purposes;
such agreement being identified in the records of the Railroad
Company as C.D. No. 43055-4 , and
WHEREAS, said lease shall be for a period of twenty-five
(25) years, commencing October 1, 1981, and shall_:.be 'for::the sum ri'
of 'ONE 'THOUSAND, 'ONE HUNDRED' SIXTY-FIVE DOLLARS 'and NO/100 CENTS
($1,165. 00) , and
WHEREAS, said lease agreement, attached hereto and incorpor-
ated herein by reference, has been reviewed by the Board of County
Commissioners of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, deems that the approval' of said lease agreement,
attached hereto and incorporated herein by reference, would be
in the best interests of the citizens of Weld County, Colorado.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the lease agreement,
attached hereto and incorporated herein by reference, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman of the
Board of County Commissioners of Weld County, Colorado, be, and
hereby is, authorized to sign said lease agreement.
C 12 7 ( f) c e : u cam 1982-o&
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 5th day of
April, A.D. , 19:82,) •nunc pro, tuncaOctpber ;1, 1981.
BOARD OF COUNTY COMMISSIONERS
WELD
'�fiCOUNTY, pOLOet, 77" h2 el...i—A—g.i
WRADO
J . Martin, irman
Ch crlson,-Pro-Tem
Norman Carlson "
C
. 7
ATTEST: /! e K. Stei mark
Weld County Clerk and Recorder
and Clerk to the o dl
CLe uty County Jerk
APPR VED S FO ��.
/ �
Co my Attorney
DATE PRESENTED: 4/5/82
UNION PACIFIC RAILROAD COMPANY
union OMAHA.NE 68179 WEt9 MITT Ce$MISS HERS
1416 DODGE STREET gin I
VALERIE W.SCOTT 111111 [11;;;I:
General Counsel
:., i 1982
GREELEY, COG
May 19 , 1982
C-43055-4
County of Weld
P. 0. Box 758
Greeley, CO 80631
Dear Sir :
Agreement Covering Lease of Premises for
Highway Purposes, La Salle, Colorado;
supersedes Agreement Audit No. 79759 ,
C.D. No. 43055
Enclosed is your fully executed counterpart of the
above instrument. Please retain this instrument for your
file.
Yours very truly,
Valerie W. SO
• .7,4
DUPLICATE ORIGINAL
Lessee' s Counterpart
Lease of Premises
for Highway Purposes ,
LaSalle, Colorado. C.D. No. 43055-4
THIS AGREEMENT, made and entered into as of the
1st day of October , 1981 , by and between UNION PACIFIC RAIL-
ROAD COMPANY, a corporation of the State of Utah (hereinafter
the Lessor) , and COUNTY OF WELD, STATE OF COLORADO (herein-
after 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 shaded in yellow on the
print dated January 14, 1982, marked Exhibit A, hereto
attached.
• r
1
Section 2. RENTAL; TAXES; ASSESSMENTS; CONSTRUCTION;
LIABILITY.
As a consideration for this Lease the Lessee -
agrees to pay in advance to the Lessor a rental of one
thousand one hundred sixty-five dollars ($1,165. 00) for the
term hereof; to assume all taxes and assessments levied upon
the leased premises during the continuance of this Lease,
not including 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 submitted to and approved by the Chief Engineer
of the Lessor before the work is commenced; to keep the
leased premises free from combustible material; to plant no
trees or shrubbery thereon without the previous written
consent of the Lessor , and to erect no structures thereon
except such as may be necessary for highway purposes; to put
nothing upon the leased premises which might obstruct or
interfere with the view; to provide , in locations 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 that are , or are likely to be,
damaged or weakened because of the construction of such high-
. way 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.
2
•
•
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 may 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 5. 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 them 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 .
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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 ASSESS_•IE :TS.
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 responsibilicy 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, td 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 its 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,
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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 s<-.me 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.
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279
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,
67 General
/ ByU/LRy.GPiy—
(/ General Manager
Attest:e COUNTY OF WELD, STATE OF COLORADO,
O1- �
BY v ic2
nt Clerk C airman, Board of
County Commissioners
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EXHIBIT "A"
UNION PACIFIC RAILROAD COMPANY
LaSalle ,Weld County , Colorado
M. P . 45 . 17 to 46 . 74 - Main Line
To accompany agreement with County of
Weld, State of Colorado covering
highway lease .
�^ \ Scale 1" = 400 '
-i
Office of Director - Real Estate
p Omaha , Nebraska January 14 , 1982
* LEGEND *
Hwy . lease shaded YELLOW
UPRRCo. R/W outlined RED
.N
June 30, 1967.
EXHIBIT B
For attachment to C.D. No. 43055-4,
•
•
•
STANDARD PROVISIONS FOR GENERAL LIABILITY POLICIES •
RAILROAD PROTECTIVE LIABILITY FORM
Including Instructions for
Preparation of Policies by Companies
•
•
June 30, 196,:t Page 1
STANDARD PROVISIONS FOR GENERAL LIABILITY POLICIES \II
Railroad Protective Liability Form
GENERAL INSTRUCTIONS
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 supervising 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 company ray 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 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 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, Wcplanatory or Connective Language
When policies are issued to provide insurance in this form together with
insurance covering other risks, the a3'ltion of necessary explanatory or
connective language which does not amend the expression of this form is per-
missible and the introductory language of the "Insuring Agreements" which
provides for the issuance of a policy by two companies may be used and, if
necessary, paraphrased to permit such policies to be issued by more than two
companies.
5. Declarations--Including Other Risks
A common set of declarations maybe 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.
*Rot applicable in Texas
7. . 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 poll-
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 rgnd dividend ii* 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, maybe inserted in the policy.
•
*See General Instruction 10
l i• f
June 30, 1967- Page 3.
REFERENCE NOTES
•
l—Natter 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 maybe added that a definite notation may be made in the
premium column to show that a particular coverage is not afforded.
4—Nam! 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'premium, may be used
at the option of the company.
7—'The name and location of the company are to be stated. The type of
• the company and the word used throughout the policy suitably to desig-
nate the company are to be stated.
8—The language of this paragraph is optional with the company. .
•June 30, 1967 Page 4:
'. ' June 9 1978 (Rev.)
June 1d, 1981 (Rev.)
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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)
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 E - 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.
:
June 30, 1967. Page 7.
• Coverage C - Physical Damage to Property •
• 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 work described in Item 6 of the declarations; provided such property
10 owned by the named insured or is leased or entrusted to the named
insured under a lease or trust agreement.
a 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
is Item 4 of the declarations and includes all subcontractors of
said contractor but shall not include the rimmed' insured.
• (c) Desiam ted a nloyee of the insured - The words "designated employee
of the insured mean:
(1) any supervisory employee of the insured at the job site, •
(2 any employee of the insured while operating, attached to or
engaged on work trains or other railroad equipment at the job
site which are assigned exclusively to the contractor, or
(3) any employee of the insured not within (1) or (2) who is
specifically loaned or assigned to the work of the contractor
for 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. • Defense, Settlement, Supplementary 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 dpms+ge and seeking damages which are payable under the
terms of this policy, even if any of the allegations of the suit
are groundless, false or fraudulent, but the company may make such
•
• investigation and settlement of any claim or suit as it deems
expedient;
(b) pay, in addition to the applicable limits of liability: •
(1) all expenses incurred by the company, all costs taxed against
the insured in any such suit and'all interest on the entire
•
•
lb June 30, 1967. Page 8.
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 company's liability thereon;
(2) premiums on appeal bonds required in any such suit, premiums
on bonds to release attachments for an amount not in excess
• of the applicable limit of liability of this policy, but
without obligation to apply for or furnish any such bonds;
(3) expenses incurred by the insured for'such immediate medical
and surgical relief to. others as shall be imperative at the
time of the occurrence;
•
(4) all reasonable expenses, other than loss of earnings, incurred
by the insured at the company's request. •
IV. Policy Feriod, 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 bodily injury or property damage caused intentionally by'or at
. , the direction of the insured;
(c) to bodily injury, property damage or loss which occurs after •
• notification to the named insured of the acceptance of the work
by the governmental authority, other than bodily injury, property
damage or loss resulting from the existence or removal of tools,
uninstalled equipment and abandoned or unused materials;
(d) under .overages A (1), B and C, to bodily injury, property damage
or loss, the sole proximate cause of which is an act or omission
of any insured other than acts or omissions of any designated
employee of any insured;
(e) under Coverage A, to any obligation for which the insured or any
carrier as his insurer may be held liable under any workmen's
compensation, unemployment compensation or disability benefits
law, or under any similar law; provided that the Federal Employers'
Liability Act, 47. S. Code (1946) Title 45, Sections 51-60, as amended,
• shall for the purposes of this insurance be deemed not to be apy
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.
106
(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. •
SPage 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.
• ii. .
•
June 30, 1967. Page 11.
CONDITIONS
[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, 11, and 12 apply only
to the coverage noted thereunder. ] ,.
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 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
employees of the insured utile operating, attached to or engaged thereon.
•
•
The advance premium stated in the declarations is an estimated premium
only. Upon termination of this policy the earned premium shall be computed •
in accordance with the company's rules, rates, rating plans, premiums and
minimum preniums applicable tb this insurance. If the earned premium thus
commuted 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 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 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,
June 30, 1967.` a Page 12.
•
•
•
destr_ction of loss of property, including the loss of use of any property
due to '::h injury or destruction under Coverage B.
Under Coverage C, the limit of the companyte liability for loss shall
not exceed the actual cash value of the property, or if the loss is of a
part thereof the actual cash value of such part, at time of loss, nor what
it would then coat to repair or replace the property or such part thereof
with other of like kind and quality.
5. Severability of Interests The term "the insured" is used severally and
Coverages A and B not collectively, but the inclusion herein
of more than one insured shall not operate to increase the limits of the
company's 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 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
brow ht against the insured, he shall immediately forward to the company
every demand, 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 the attendance of wit—
• nesses and in the conduct of suits. The insured shall not, except at his
own cost, voluntarily make any payment, assume any obligation or incur any
expense other than for such mediate medical and surgical relief to others
as shall be imperative at the time of accident.
•
8. Action Against Corona& 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 finally determined
either by judgment against the insured 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 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 cn 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 r-1 L
June 30, 1967. Page 13.
(a) protect the property, 'w;zether or not the Loss 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 company's 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-
pary's request, exhibit 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 a'competent and disinterested umpire. The apprais-
ers shall state separately the actual cash value and the amount of loss and
faalins to agree shall submit their differences to the umpire. An award in
writing of any two shall determine the amount of loss. The insured and the
company than each pay his choucn appraiser and shall bear cgnPlly 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. Subrogation In the event of any payment under this policy, the con?•
.
party shall be subrogated to all the insured's rights of recovery therefor
against any person or organization and the insured shall execute and
deliver instruments and papers and do whatever else is necessary to secure
such rights. The insured shall do nothing after loss to prejudice such
rights.
14. Application of Insurance The insurance afforded by this policy is
primary insurance.
15. Three Sear 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 shall apply separately to each
annual period. -
16. Changes Notice to any agent or knowledge possessed by any agent or
by any other person shall not effect a waiver or a 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 representatives); provided, however changes may be made in the written
portion of the declaration by (here insert titles
•
•
June 30, 1967. Page 14.
•
of authorized company representatives) when initialed by such
(here insert titles of authorized company representatives) or by endorsement
iss•,:ed to form a part of this policy signed by such (here
insert titles of authorized company representatives)) I.
17. Assignment Assignment of interest under this policy shall not bind the
company until its consent is endorsed hereon.
18. Cancelation This policy may be canceled by the named insured by
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
sailing 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 customary short rate table and procedure. If the com—
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 payment or tender of
unearned premium is not a condition of cancelation.
•
19. Declaration, 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)
r------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.
(FACSIMILE OF SIGNATURE) (FACSIMILE 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 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 Compare- 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
74213
I t9„ 0 SENDER: Complete items 1,3,and 3.
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GENERAL COUNSEL 1
' tr.P.R.R. COMPANY
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•
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830 UNION PACIFIC BLDG.
Il 1416 DODGE STREET
3• - OMAHA, NE 68179
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9 •
✓) OFFICE OF WELD COUNTY CLERK AND RECORDER
A Z `
f;•i :y F DEPARTMENT OF CLERK TO BOARD
It f 1] ' ,,
. •ye'*— j PHONE (303) 366-4000 EXT. 223
O P.O. BOX 469
L • GREELEY, COLORADO 80631
COLORADO
April 6, 1982
Valerie W. Scott
General Counsel
Union Pacific Railroad Co.
830 Union Pacific Building
1416 Dodge Street
Omaha, Nebraska 68179
Dear Ms. Scott:
Enclosed you will find two counterpart originals for the lease
agreement for Weld County Road, No. 37, between Weld County,
Colorado and Union Pacific Railroad Company, which were executed
in our Board meeting of April 5, 1982.
As you will notice, a Resolution was typed in the Clerk to the
Board's Office, in accordance with Weld County policy. A' copy
of this document is enclosed for your records.
If you have any questions regarding this matter, please do not
hesitate to contact this office.
Yours truly,
J ' nette Ordway
Deputy Clerk
/ta
Enclosures
1\
sif rir
Or
' Tim
UNION PACIFIC RAILROAD COMPANY
UNION
1416 DODGE STREET PACIFIC OMAHA,NE 68179
VALERIE W.SCOTT I I I I I I
General Counsel
rile
March 26 , 1982
n _§\r ?
C-43055-4 '"�
Rp8 1198a
ektetet
County of Weld efatz
P. O. Box 758
Greeley, Colorado 80631
Gentlemen:
Agreement Covering Lease of Premises for
Highway Purposes , LaSalle, Colorado;
Supersedes Agreement Audit No. 79759 ,
C.D. No. 4305
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 R. E. Andreasen (Law Department) , who may be
reached by phone on (402) 271-4377 , and any question with
regard to rental should be directed to R. W. Christensen
(Real Estate Department) , who may be reached by phone on
(402) 271-4497.
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 ,
a
Valerie W. Scot !/
s
cc : Mr. R. W. Redick - with copy of agreement
are 37O
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