HomeMy WebLinkAbout860378.tiff RESOLUTION
RE: AUTHORIZE PAYMENT OF $1 , 165 .00 FOR LEASE WITH UNION PACIFIC
RAILROAD COMPANY
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 Board has been presented with a proposal to
lease certain highway right-of-way, formerly leased under
Agreement CD-21556 and located near Wild Cat, Colorado, from Union
Pacific Railroad Company for a period of twenty-five years for the
amount of $1 , 165 . 00 , and
WHEREAS , after review, the Board deems it advisable to
authorize the payment, after which Union Pacific Railroad Company
will submit a twenty-five year highway lease for approval.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the payment of
$1 , 165. 00 to Union Pacific Railroad Company, whereupon Union
Pacific Railroad Company will submit a twenty-five year highway
lease be , and hereby is , approved .
The above and foregoing Resolution was , on motion duly made
and seconded , adopted by the following vote on the 21st day of
April, A.D. , 1986 .
- BOARD OF COUNTY COMMISSIONERS
ATTEST:11111 i "`e WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED DA E OF
SIGNING -n G Chairman AYE
and Clerk to the Board Jacque John
IL,,,,a2..) G
' ,
D puty County Cl k
APPROVED S TO FORM: Gene R. Brantne
_ it 1 C.Fi ,. -�rby , t
'aC
County Attorney '2 d 4
Fran Yama u 1
860378
yy
UNION PACIFIC RAILROAD COMPANY
ONION
C.O.DURHAM PACIFIC R.F.NIEHAUS
DIRECTOR-REAL ESTATE I I I I I I ASST.DIRECTOR-REAL ESTATE
D.D.BROWN EASTERN DISTRICT WESTERN DISTRICT NORTHWESTERN DISTRICT
DIRECTOR-SYSTEM PROJECTS D.H.LIGHTWINE • M.A.PASSO A.O.MEYER
AND PROPERTY MANAGEMENT DISTRICT REAL ESTATE DIRECTOR DISTRICT REAL ESTATE DIRECTOR DISTRICT REAL ESTATE DIRECTOR
R.D.RICE R.J. ZADINA D.R.RECHTENBACH F B.SHARAR
MANAGER-SYSTEM PROJECTS T J.STENSTROM W T GALLO P.G.FARRELL
L.L.DOLL M.S.SCHULTE p D.R.LEWIS W.L.LOFFER
MANAGER-REAL ESTATE ENGINEERING P L.WHITE March 6 , 1986 REAL ESTATE AGENTS J.E.MATZA
R.W.CHRISTENSEN REAL ESTATE AGENTS REAL ESTATE AGENTS
REAL ESTATE AGENT
G.B.COLLINS 1416 DODGE STREET
MANAGER-TITLES&CONVEYANCES OMAHA,NEBRASKA 68179 17-15
Weld County, Colorado
Road & Bridge Department
933 N . 11th Avenue
Greeley, CO 80631
Gentlemen:
Reference is made to Union Pacific Railroad Company
Agreement CD-21556 in favor of the County of Weld, State of
Colorado covering lease of a parcel of Railroad property to be
used for highway purposes near Wild Cat , Colorado .
In the past , our leases were prepared on an individual
basis , generally for five-year terms . Extension or renewal of
these agreements for further five-year terms required individual
negotiations which, of course , were costly and time consuming.
Therefore, rather than extending 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 standard
25-year terms .
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 term if Discounted
Lease Area Rental 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
In line with the above , rental for the 1 .86 acres
occupied by the County for highway purposes , for a further 25-year
term will be $1 ,165 .00 for the entire term, payable in advance.
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 The County of
Weld, State of Colorado on the basis described above .
Very truly yours ,
• .
DATA SHEET
C. D. No.
Audit No. OMA-_________
THIS A.SREE`IENT, made and entered into as of the .
, 19 . . -
. day of
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) , WITNESSETA:
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
---
a i • Section 2. REN7 4 TAXES; ASSESS?1EUTS; f 'iSTRUCTIoa LIABILITY. .
As a consideration for this Leaae 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 " sub-
•
flitted 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 for
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.
h/w 2
25yr .
- . . . . .
• REPOSSESSION FOR RAILROAD PURPOSES; SUBJECT TO
Section 4.
_ 1.3I;IF.iLI.. DEED DATED AS OF APRIL 1, 197ossession
1.
The Lessor reserves the right to take p
. of all or any portion of the leased premises whenever the exit
use thereof nay become necessary or expedient, in the j gn
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 port of the -Lessor
the leelects
ased pto t ake es ipn
ac with
ordn of all or any p
accordance with this reservation, it shall first serve upon
the Lessee ninety (90) days ' • written notice of o deed fasuchaelection.
This Lease is nade subject
April 1, 1971, whereby Lessor conveyed to Union Pacific Land '
Resources Corporation all minerals and all mineral rights
of evee kind and character
withoutnow
limiting }he exist
generalityhereafter
theforego including, gas and rights thereto, together with r
the sole , exc, oil and right to explore for, remove
the sole, exclusive and perpetual
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 its successors l lands
interfere
assigns.the
.
use thereof by by the Lessor, _
Section 5. RESERVATION OF RIGHT TO CROSS LEASED PREMISES
WITH RAILROAD TRACKS. ht to cross the leased
The Lessor reserves the rigs may required for •
is premises ov convenience- or
e- orh purposes noad a such cks amanner as n unreasonably -
tos ntfeence- or purposes
premises in
to interfere with their use as a public highway. In the event
it shall, upon completion
eseiion
the Lessor shall place tracks upon the leased
accordance with this reservation, i across the same totletio
of forserh tracks , restore s ate of usefulness. rig
Section 6. USE ' OF LEASED PREMISES. premises or
The Lessee wadi not use the leased
permit ,hem to .be used except for the usual and ordinary
er-
purposes of a street or highway, and it is expressly
stood and agreed that such purposes shall not bethe deemed
leased include the use by the Lessee; interurban railway
rail itr for transportation
ptoryforthe construction or- other
or tsaof electric purposes oil or
main-
tenance of electric power transmission lines, gas,
gasoline pipe lines.
3 -
.L/w
1 . .
Section 7. SUPERIOR RIGHTS. •
This Lease is s ject 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 put the Lessee into possession
sLcontained
construed
the covenant to p
•
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 wa against the
hes and of Lessor,
and the Lessee agrees to protect
it harmless from such special assessments. -
Section 9 . CONSTRUCTION, MAINTENANCE AND RELOCATION .
. OF FENCES AND BARRIERS' lots where the Lessor •
The Lessee agrees that, at points =:
at the date hereof maintains a fence on its right of way
eween its ill atnits- ownnner cost andln of the expen e,, moveed suchefence�the -
esinn will,m _
to the inner margin of the leased premises, and that, at
points where the Lessor does not maintain a fence in such _
location, the lesed pswhentandfwherencee requestedn the ein
margin of b the t leased premises e further agrees to assume
writing by the Lessor. The Lessee g
- the responsibility of constructing or of making such arrange-
_
ments as may be necessary with owners or lessees of property ._ _ong and
abutting upon the right of way al
the
heili fences on the
line
highway?highway?for constructing, maintaining repairing
outer margin. of the Lessor's right of way, and to relieve -
the Lessor of all obligation, if any there be, to establish - • .
. t _ -
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 itt-' oan 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 forrss a -curve convex to such tracks,
4
25yr
I ,
•
the- Lessee, at its expense, shall construct and thereafter
maintain substantial barriers on the track side of the high-
bey go as to overturnedvortthrownles moving from therefrom acrossuch thehighway or
roadbed or '
tracks racg and such barriers shall be of such
u of the Lessor,l
nature, material, dimensions and strength as shall be
approved by the Chief Engineer of the Lessor.
Section 10 rRtheCpupo o vprotecting INTERESTS. •
the reversionary - •
For the purpose pi
interests of the Lessor againsthassertion
nrofta adverse
the
rights, the Lessee agrees to prevent at its encroachments
expense,leased premises, and to this end will , ownexpense,
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 ynafteerowritten conditions ,
notice oftsuch remedy
failure or breach
e seme for thirty(30) days given by the Lessor to the Lessee,
•
on the part of the Lessee,
then this Lease shall be null and void.
Section 12. TERMINATION ON NONUSER.
Nonuser by the Lessee of
the leased
edgpremeises for
orreof
rha purposes icontinuing
(1 any
for a period of eighteen (18) months shall, at the optionof the work >--of ri hts ofsthe,Lesseea terminationLease
hereunder,der, and nonuserbythedLesseel
9
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 persorming
work contemplated hereunder shall be required to procure
for and on behalf of the Lessor and to keep in effect,s of such contractor or
the entire period of the op
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
terrs
r subcontractorsof any acts between the
Lessee and such
.
u `o af'
'5
`/H
•
The originals of all policies of insurance required
under Exhibit B shall be furnished to the Lessor and shall
bd acceptable to and approved by the Lessor as to form,
substance and execution and as to the insurer issuing
policy or policies. Such insurance shall be kept
epttin nceeffect.
until all of the work to be performed by such
or
or subcontractors shall have been completed and formally
accepted by the Lessee.
Section 14 . LESSEE NOT TO ASSIGN OR SUBLET. y portion ,
This Lease is not to be assMthoutnorer iswrittenno
of the leased premises to be sublet,
i
consent of the Lessor. The Lessee will surrender peaceable
possession of the leased premises at the expiration of this .
Lease.
Section 35. SUCCESSORS PND ASSIGNS.
All covenants and agreements herein recited a
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.
UNION PACIFIC RAILROAD COMPANY,
Witness:
By
",• 6
25yr
/
June 30. 1967.
. t
- EXHIBIT B
For attachment to C.D. No. .
STANDARD PROVISIONS FOR GENERAL LIABILITY POLICIES . . .
RAILROAD PROTECTIVE LIABILITY FORM .
Including Instructions for .
Preparation of Policies by Companies
• • LIA:'ti '.jL
•
i STAID.iiD PROVISIONS FOR GMT-RAL LIABLE Y FOLICIES
Railroad Protective Liability Form
•
GEIE.AL IIISTRUCTIONS - •
•
1. Standard Language - .
This Sorg is expressed in standard language which nay 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 -
` Torn, or (c) by an endorsement which states en 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 d roved, if required., -
by the szpervisiag authority of the state in vhich 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 ere also optional with the com- xgr.
3. Descriptive Headings--Identifying or Indexing Designations
The descriptive headings of the parts of the form (as Quoted above) end
of the najor insuring agreements ("Bod.i.ly Injury Liability," "Property Dam-
age Liability," etc.) are standard expressions Which .;,` not be et-ended or
omitted, but all other identifying or indexing des poations (such as - - .
"Coverage A," "Defense, Settlement, Supplementary Payments," "Cancelation,"
etc.), including literal or numerical designations or parag:-aphs or phrases, -
ray be amended or omitted at the cony's option. When such identifying or
indering 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.
I . Additional Coverages or Companies, v " atory 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 p--r-
missible and the introductory language of the "Inswing Ageements" which
provides for the issuance of a policy by two corozuies nay be used and, if -
necess`ry, paraphrased to Permit such policies to be issued by tore than -two
companies. - -
5. Declarations--including Other Risks . -
•
4 ec`on set of declarations may be used in those cases -where policies in
this form are issued with policies covering other risks. -
*6. Installment Premitm Payment - . -
Policies written to provide for payment of premium in'insta►Unents may --
provide Sa r lapse or suspension of the policy upon default of payment when due. .- " .
tilot applicable in Tens • ' -. -
7. Addition of Coverage by 'Enlorsement
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 ap?rovei standard language relating to the t-.t:. _--
-particular- class and east 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
instructioas means the form and endorsements either prescribed or approved
by the insurance supervising authority of the state in which policy forms .
end endorsements are approved or prescribed. In those states where super-
vi_sing authorities do not have the authority to approve or prescribe poli- •
cies, fors end endorsements, the terms mean the forms and endorsements
-adopted by the companies for-use in such states. _ : _
9. ?remit= Statement - -
The statement with respect to payment of Premium nay be emended by en- -
endorsement to rye necessary provision with respect to payment of premium,
payment of addition 1 pre iiiu= and return of prer_thm j5.nd dividends* under
the policy.
_ 10. Special Conditions for Nutuals, Reciprocals, and Participating Stock .z -
Companies - .
% pen the policy is issued by a =actual ccpzny, a reciprocal associ- -
ation or a participating stock company having speciel provisions appli-
cable to its r`mbership or policyholders, such provisions, when approved -
by the supervising authority of the state in which the policy is issued if
such approval is required, ray be inserted in the policy.
+See General Instruction 10 - , 371.3
. .
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REFIREF Ci. VOTES
1—Matter in brackets ray be includes, omitted or amended at the option '
of the company. -
-
2—The effective hour and date of the policy nay be typed or printed in
this *ate. _
3—A staterent ray be added that a definite notation ray 'be tithe in the
prate= colust to show that a particntpr coverage is not afforded. ... . _ ,
1 —Fart of company ray be shwa. _ --
5—The capacity of the -person countersigning ray be stated.. - • -
6—Ath itionel declarations of this type, calling for genera information or information regariing installment payment of-premium, nay be used
at the option of the company. . : : -
7—The nine 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 cormany a_re to be stated.
8—The large of this p-a.g--mph is optional with the coza_ny.
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E I tr i. d - I < G _ •
„ a I n I -
CP i
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-., _ ,-'s
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 - -
(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 -7H,
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.;a-.
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 arip 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 nay 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.
CF 43),:i73
t
r _
-- •----- . _... _._.._ lulu lulu -
Covereze C - Physical Damage to Property .
To pay for direct and. accidental loss of or Inn"ge to rolling stock
• and their contents, mechanical construction equipcent, or motive power
. equipment, hereinafter called, loss, arising out of acts or omissions at •._ _ . .
the designated. job site which ere reletei to or are in connection with ._-,_-
the work described, in Item 6 of the declarations; provided, such property
is vaned by the namel insures or is lease! or entrusted to the named,
insured ender a lease or trust agreement.„ . . .
II. Definitions .• . . .. .
(a) Insured. - The unqualified word "insured," includes the named insured -- I -
and also includes any executive officer, director or stockholder
thereof voile eating within the scope of his duties as such.:_..• -; :- - -
(b) Contractor - The word "contractor" means the contractor designated rJ-: :::...7
in Item k of the declarations and ir_cluaes all subcontractors of„--___,.
said, contractor 'but m
ut shell not include the n e3 insured,. .--_ - :_ _.,-, :i.:- ----=-1
- (c) Desioatel employee of the insured The toras "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, attache! to or .cr:.-
engage3 on work trains or other railroad eouip=ant at the job;,__.._ _
site which are assigned exclusively to the contractor, or- ---_- _ _
N-- (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 von "contract" means any contract or agreement to
cerry a person or property for a consideration or any lease, trust _. .
or interchange contract or agreement respecting motive power, roll- - -
- ing stock or rechnnical construction eouipnent. • -
III. Defense. Settlement. Sumplementary Payments - . --_ .
With respect to such insurance es is afforded by this policy unier,
• coverages A ens B, the cony shell: -
(a) defend any suit against the insured alleging such bosity injury or
property damage and seeking damages which are payable under the - -
terms of this policy, eve& If any of the allegations of the suit
ere g omm less, false or fraudulent, but the company may make suzh --
investigation and settleMent of any claim or suit as it deems _ - -
expedient;
(b) pay, in e=dition to the applicable linits of liability:
(1) ell expenses incurrea by the company, all costs taxed as inst . _
the insured in any such suit and all interest on the entire
}
-
amount of any judgment therein which accrues after entry of .
the judg;.nt and before the conpany has paid or tendered or , .
• deposited in court that part of the judgment which does not .. .. .. .
exceed the Jinit of the company's liabilitythereon;
(2) premiurs on appeal bonds rewired in any such suit, premiums
on bonds to release attachments for an amount not in excess _
of the applicable lirrit 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 i^perative at the .
time of the occurrence;
(4) all reasonable expenses, other than loss of earnings, incurred - • '' -
by the insured at the'conpany's "request.
r.:
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. • . •
. -1 -11-__:-. -.---
-
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 intentiona]ly 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,:: :-
uninst`.led equipment and abandoned or unused materials;
- (d) under coverages A (1), 3 and C, to bodily injury, property damage
or less, the sole proxs✓te 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 nay be held liable under any workmen's _ • • _ - _ _
compensation, unemployment compensation or disability benefits - ' -
1 law, or under any similar law; provided that the Federal l'nployers' - _ -
. . Liability Act, U. S. Code (1946) Title 45, Sections 51-60, as amended,
- shall for the purposes of this insurance be deemed not to be any . - .
- similar law; - .
(f) under coverage-B, to injury to or destruction of property (i) owned by the named insured or (ii) leased or entrusted to the named insured -
under a lease or trust agreement. uEe ";y3 -
k.' •
, (9) -
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
fe ia, -
or any agency thereof, under any 4r edt entered into c -with
the United States of America, or any agency thereof, _
any person or organization.
2. Under any Medical Payments Coverage, or under any Supplementary-
'Payments provision relating to immediate medical or surgical relief, _...... . - 4.
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 -
P.merica, its territories or possessions or Canada, this .
exclusion (c) applies only to injury to or destruction of , :.. .• - ,,
property at such nuclear facility. -
4. As used in this _xclusion:
"hazardous properties" include radioactive, toxic or explosive : ._ . •
properties; •
"nuclear material" means source material, special nuclear material ,_ •
or byproduct maaterial;_: ',,.. : . .;n, .. : - -' • -
"source material", "special nuclear material", and "byproduct -2 , ,.., .,_ ,
material" have the meanings given them in the Atomic Energy Act
of 1954 or in any law amendatory thereof; - -
"spent fuel" means any fuelelement'or fuel component, solid or r
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 _` e
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 plutoniui 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. 'Cie:3'73
. . .. . ._ ._•—
[The conditions, except conditions 3, 4, 5, 6, 7, 8, 9, 10,
11,1 1 e12, apply
to all coverages. Conditions 3, 4. 5, , 7, 8, 9, 10, . apply only
to the coverage noted thereunder.) l.
• 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. - - .. J “ - ,
The term "contract cost" means the total cost of all work described ,p2 ..
Item 6 of the declarations. - - - µ _
The term "rental cost" means the total cost to the contractor for rental -
of nark trains or other railroad eouipment, including the remuneration of all. -
emplo:ees of the insured thile operating, attached to or engaged thereon:,—;,_ : . -
- _ -The advance premium stated inthe 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, prethcis 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 be an obligation of the named insured.
— 2. Inspection The named insured shall rake 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
- 1±_ t of the co....,= '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 1iSait of the company's liability
- for all such d&-rage arising out of bodily injury sustained by two or mores., _. . -. .
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 imder 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 Band C combined arising out of physical injury to, _
• `
destrtction 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 shell •
- not exceed the actual cash value of the property, or if the"loss is of a _.
kart 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.`. " `-, - - s- .'
Severability of Interests The term "the insured" is.used severally and
$� a not collective) but the inclusion herein
Coverages A and E •. y. <• -•-•-• -.-71:-.7-7:-.T.,-.; . :
of more than one insured shall not operate to increase the l{mtts of the _ -.
company's liability. _ - . -- - _ •.• -- .
6. Lotice 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 circtystances -
the=eof, and the _names and addresses of the injured and of available grit- _ "
nesses, ch=_.1 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 -
-brou_ht against the insured, he shall immediately fort and to the cc•zpaxy -
every demand, notice, sr-nnns or other process received by Mn or his
representative. .
7. Assistance and Cooperation of the Insured The insured shall cooperate ^ _ -
Coverages A and Bonp with the company and, upon - -'
the eany'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 s._L-e any parent, assure any obligation or incur any -
expense other than for such i=tadiate medical and surgical relief to others -. - ;.as shall be imperative at the tine of accident. - _ .. -
B. Action Ara{nst Cora^ 10 action shall lie ag irist the company unless, -
Ccverages A and B - as a condition precedent thereto, the insured -
shll have fully complied with all the terms of this policy, nor until the
amount of the insured's obligation to pay shall have been finally deterined _
either by jud eat against the inad after actual trial or by written - - -
agree_ent of the insured,, the clot and the company.
eau- person or organization or the legal representative thereof Ito 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. Eo person or organization shall have any right under this policy _
to join the capes as a party to any action against the insured to determine
the insuredts liability. Eankruptcy or insolvency of the insured or of the
insured's estate shall not relieve the company of any of its obligations - -
hereander. _ : - - - _
Coverage C No action shall lie against the company unless, as a con- - _
cation precedent thereto, there ehail have been full compliance with all
the tens on this policy nor until thirty days after proof of loss is filed. .
- and the ;newt of loss is dctervdned as provided in this policy.
9. ZnsuredTs Duties in Thrent of Lcss In the event of loss the insured _ s
. Coverage C shall: 4 771-
1_
-
•
(a) protect the property, \.tether or not Cbe Ion- is covered by this
policy, and any further loss due to the insuredts failure to pro-
tect shall not be recoverable under this policy; reasonable .
•
expenses incurred in affording such protection shall be deemed _ .
incurred et the company's request; - _ . •
(b) file with the conpany, •es soon as practicable after loss, hie •
sworn proof of loss in such form and including such information
as the company ray reasonably require and shall, upon the com-_:_ - •.. __
pants request, exhibit the damaged property. , •
10. Appraisal IS the insured and the company fail to agree as to the . : _
Coverage C amount of loss, either may, within 60 days aSter the proof. +
of loss is filed, demand an appraisal of the loss. In such event the
insured and the cc?sy shall etch select 's competent appraiser, and the -
appraisers shall select a 'compotent and disinterested umpire. The appraise. -
ers shell state separately the actual cash value and the amount of loss and :: l
`ailing to agree shall sutmit their 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 c;n'lly 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 shell be no abandonment of the damaged property to -
the company. .
12. Tao Eenefit to Bailee The insurance afforded by this policy' shall not
Coverage C. ' enure directly or indirectly to the benefit of
any carrier or bailee, other than the named insured, liable for loss to •
: - . _
the property.- - - - " . . --
13. Subrogation In the event of any payment under this policy, the com- - -
. parry shall be subrogated to ell the insuredts 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 -r
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 ccm_rised of
three coneec:rice 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. Chanres Notice to any agent or kno:?edge 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 shell the terms of this policy be waived or changed, -
except by endorsezent issued to form a part of this policy[ signed by
(here insert titles of authorized coy_oany officials
or representatives); provided, however changes may be made in the written
' portion of the declaration by • (here insert titles
J o" authorized co.oany repres atives) when initialed by such - •
;' -- • •
(here insert titles of authorized company representatives) or .iy endoraement .
issued to !cam a part of this policy signed by such (here - -
insert titles of authorized company representatives)] 1, .. . - - .
17. Assignment Assignment of interest under this policy shall not bind the -. -
company until its consent is endorsed hereon. t=_ _ --
: . � ,:.• .. r-' .._'._,. .- ..6... . _ -
• 18. Canceletion This policy may be canceled by the named insured by . . •
naming to the company written notice stating when thereafter the cancer ,..,, .
tion shall be effective. This policy may be canceled by the company by . . • :_
mauling to the named insured, contractor and gbverrsental 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 -.. _ -,:y-_-_-: -
railing 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 nailing. . .,_ - - ,r ,
If the named insured cancels, earned premium shall be computed in. , _ _ - -
accordance with the custom=ary short rate table and procedure. If, the con— _ _
pany cancels, earned premium shall be computed pro rata. Premium adjust— - -
nent maybe made either at the time cancelation is effected or as soon as - - - .. : -
-
practicable after cancelation becomes effective, tat payment or tender of -
unearned preiiun is not a condition of cancelation. - - •
19. Declarations By acceptance of this policy the named insured agrees that „,....., ...-2,.- ._ . _- : _ ._
such statemennt in the declarations as are made by hi 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 acv of its agents relating to this insurance. - .
(For policy issued by one company) - - • - - -:
In witness whereof, the Blank Indemnity Company has caused this policy to - -.4
be signed by its president and a secretary at and countersigned - B . _
on the declarations page by a duly authorized agent of the company. - - - - .
(FACSIILE OF SIGNATURE) . (FACSDaE OF SIGNATURE) _
Secretary . _ President - - .
(For policy issued by two companies)
In witness whereof, the flank Indemnity unity Conpaay has caused this policy . _
with respect to coverages aid 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 cowry.
(FACSI rLE OF SIGNATURE) _ . (FACSIMILE OF SIGNATURE) •
_ Secretary - President
In witness whereof, the Bla^k ins._rance CorparT has caused this policy,
with respect to ccverages and such other parts of the policy as - .-
are applicable thereto, to be signed by its president and a secretary at - $
and countersigned on the declarations page by a duly authorized agent
of the company. -.
i (FACSIMII OF SIGNATURE) (rhQlr OF SIGNATURE)
Secretary - President
- v� ,
Hello