HomeMy WebLinkAbout861261.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT BETWEEN WELD COUNTY AND UNION PACIFIC
RAILROAD COMPANY AND AUTHORIZE CHAIRMAN TO SIGN
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 Lease Agreement
C.D. 21556-1 between Weld County and Union Pacific Railroad
Company, and
WHEREAS , said Lease Agreement concerns certain highway
right-of-way, formerly leased under Agreement C.D. 21556 and
located near Mile Post 37. 95 , also known as Wildcat, and
WHEREAS , said Lease Agreement is for a period of twenty-five
years, with the further terms and conditions being as stated in
the Agreement, a copy of which is attached hereto and incorporated
herein by reference, and
WHEREAS, after review, the Board deems it advisable to
approve said Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that Lease Agreement
C.D. 21556-1 between Weld County and Union Pacific Railroad
Company be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said Lease Agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 31st day of
December, A.D. , 1986 , nunc pro tunc April 18, 1986 .
,,-tom' BOARD OF COUNTY COMMISSIONERS
ATTEST:"ffl WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board J• cqu Z ine , +n , Chairman
\ b%7(-11,-<% nkfI G '< -aj."tJ, Pro-Tem
Deputy County Jerk
/ EXCUSED
APPROVED AS TO FORM: Gene R. Brr''antner
C.W. Kirby�C
County Attorney � ;ia��77Y —.17
�zarik Yamaguc
861261
!:
Lease of Premises for
Highway Purposes, Mile
Post 37 . 95 (Dent Branch)
near Rivers, Weld County,
Colorado . C.D. 21556-1
THIS AGREEMENT, made and entered into as of the
18th day of April, 1986 , by and between UNION PACIFIC
RAILROAD COMPANY, a corporation of the State of Utah
(hereinaftarbtheV} a W TY of tthe WELD,
StateSTATE
�OLORADO, a Colorado
OLORDO
(hereinafter the Lessee) , WITNESSETH:
IT IS MUTUALLY COVENANTED AND AGREED BY AND
BETWEEN THE PARTIES HERETO AS FOLLOWS:
Section 1 . LEASE; TERM.
The Lessor hereby leases to the Lessee for a term
of twenty-five (25) years effective as of the date first
herein written, unless sooner terminated in accordance with
the terms hereof, the premises shown outlined in yellow on
the print dated January 16, 1986, marked Exhibit A, hereto
attached.
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
1 861261
8298i 9 81
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 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.
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 possession 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
September 8 , 1975, 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 .
2 861261
8298i
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
understood 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 maintenance of electric power transmission
lines, gas, oil, or gasoline pipe lines .
Section 7. SUPERIOR RIGHTS.
This Lease is subject to all outstanding superior
rights (including those in favor of licensees and lessees of
the Lessor ' s property, and others) and to the right of the
Lessor to renew and extend the same; and it is understood
that nothing in this Lease contained shall be construed as a
covenant to put the Lessee into possession or to protect the
Lessee in the peaceable possession of such premises .
Section 8 . SPECIAL ASSESSMENTS.
No special assessments for establishing or
improving the highway located upon the leased premises are
to be made against the adjacent railroad right of way of the
Lessor, and the Lessee agrees to protect the Lessor against
and save it harmless from such special assessments .
Section 9 . CONSTRUCTION, MAINTENANCE, AND RELOCATION
OF FENCES AND BARRIERS.
The Lessee agrees that, at points where the Lessor
at the date hereof maintains a fence on its right of way
between its track and the inner margin of the leased
premises, the Lessee will, at its own cost and expense, move
such fence to the inner margin of the leased premises, and
that, at points where the Lessor does not maintain a fence
in such location, the Lessee will construct a fence on the
inner margin of the leased premises when and where requested
in writing by the Lessor . The Lessee further agrees to
assume the responsibility of constructing or of making such
arrangements as may be necessary with owners or lessees of
property abutting upon the right of way along the line of
3
8298i 861261
such highway for constructing, maintaining, and repairing
fences on the outer margin of the Lessor ' s right of way, and
to relieve the Lessor of all obligation, if any there be, to
establish or maintain fences upon the outer margin of its
right of way and of all expense incident to the
construction, maintenance 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, the Lessee, at its expense, shall construct and
thereafter maintain substantial barriers on the track side
of the highway 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 INTEREST.
For the purpose of protecting the reversionary
interests of the Lessor against the assertion of adverse
rights, the Lessee agrees to prevent encroachments upon the
leased premises, and to this end will, at its own expense,
take all necessary action, including as far as practicable
the building of its ditches on and the borrowing of earth
from the outer margin of the leased premises .
Section 11 . TERMINATION ON DEFAULT.
If the Lessee should breach or fail to keep any of
the covenants or conditions hereof, or fail to perform such
covenants or conditions, or to remedy the same for thirty
(30) days after written notice of such failure or breach on
the part of the Lessee, given by the Lessor to the Lessee,
then this Lease shall be null and void.
Section 12 . TERMINATION ON NONUSER.
Nonuser by the Lessee of the leased premises for
highway purposes continuing at any time during the term
hereof for a period of eighteen (18) months shall, at the
option of the Lessor, work a termination of this Lease and
of all rights of the Lessee hereunder, and nonuser by the
Lessee of a portion of the leased premises continuing for a
like period shall , at the option of the Lessor, work a
4
8298i 861261
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 .
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.
Ni ' es UNION PACIFIC RAILROAD COMPANY,
By
t;t I e Generat Director-Real Estate
Attest : COUNTY OF WELD, STATE OF COLORADO,
irk
t , (,?day. 4- .n.vt d/EP
jj (SEAL) BY n c A Xu o �u v�
Coun y erk (J Charman, and of County
� Commissioners
5 861261
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O04BIT 'A'
- UNION PACIFIC RAILROAD COMPANY
NEAR RIVERS,WELD COUNTY COLORADO
Y.P.31.95 - DENT BRANCH
\ TO ACCOMPANY AGREEMENT WITH COUNTY OF
WELD.STATE OF COLORADO COVEReiG
USE OF RIGHT OF. MAY FOR HIGHWAY PURPOSES.
Scale r• 400'
Office of Director-RedEstate
Omaha,Nebraska JANUARY 16,1986
L Q • ■ N D •
' - HIGHWAY LEASE OUTLINED --_»_ YELLOW
UPRRCo.R/W Outlined _.—. —--—
• \.__.-- 861261
EXHIBIT B
For attachment to C.D. No . 21556-1
STANDARD PROVISIONS FOR GENERAL LIABILITY POLICIES
RAILROAD PROTECTIVE LIABILITY FORM
Including Instructions for
Preparation of Policies by Companies
861261
•
June 30, 1967. ?age 1
STANDARD PROVISIONS FOR GErERAL LIABILITY POLICIES
Railroad Protective Liability Form
GENERAL ERAL 2;snUCT:DVS
1. Standard Language
This for= 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 shorn below referring to specific por-
tions of `ham so-=, or (c) by an endorsement Which states an amendment or
exclusion of sone 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 srarrising authority of the state in which the policy Is issued.
2. Optional Sequence and Arrangement
The several ;a_-ts of the form, viz. "Insuring Agreements, " "Exclusions, "
"Conditions" and "Declarations" may appear in the policy in such sequence as
the company =ay elect and the sequence and arrangement of the several pro-
visions of those pasts are also optional with the company.
3. Descriptive Ee 'a?—s--I'lentifring 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 my not be amended or
�^ oa
omitted, but all other identifying or indexing designations (such as
"Cover_ge A," "Defense, Settlement, Supplementary Payments, " "Cancelation,"
etc.), `_n_l•__ng Literal or runerioal designations cr paragraphs or phases,
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 fora applicable thereto, are ezended or omitted,
descriptive designations shall be substituted therefor.
4. Additional Coverages or Companies, Explanatory or Connective Lange_
When policies are issued to provide insurance in this for together with
insurance covering other risks, the addition of necessary explanatory or
connective language which does not amend the expression of this form is per-
missible and the introductory 'l r.guage of the ' insuring Aggeer..ents" which
provides for the issuance of a policy by two companies may be used and, if
necessary, a e:hrased to permit such policies to be issued by .are than two
com_anies.
5. Declarations--Including Other Risks .
A cc.von set of declarations ray be used in those cases where policies In
this for are issued with policies covering other risks.
861261
•
June 30, 1967. PageZ.
*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 payn:nt when due.
*plot applicable in Texas
7. Addition of Coverage by Endorsement
When insuring agreements and other provisions relating to any particular
class of i:surax:C:e 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 atglicable
to that class by the expressions of the endorsement or of the policy or
cf 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 terns mean the forms and endorsements
adopted by the commies for use in such states. •
9. Premium Statement
The statement with respect to payment of tresiva may be amended by an.
endorsement to make necessary provision with respect to payment of premium,
t yment of additional preen us and return of premium [n3 dividends]* under
the policy.
10. Special Conditions for Arena's, Reciprocals, and Participating Stock
Companies
When the policy is issued by a mutual comp/sty, a reciprocal associ-
ation or a participating stock company having special provisions appli-
cable to its membership or policyholders, such provisions, when approved
by the supervising authority of the state in which the policy is issued
if
such approval is required, may be inserted in the policy.
*See General Instruction 10
861261
June 30, 1967.
Page 3.
REFERENCE NOTES
1--Matter in brackets may be included, omitted or amended at the option
of the company.
2—The effective hour and date of the policy may be typed or printed in
this space.
3—:; statement may be .arid that a definite notation may be mite in the
premium col= to show that a particular coverage is rot afforded.
•'+—Name of company may be shown.
5—T.`.e capacity of the person countersigning my be stated.
• 6--Additional declarations of this type, calling for general information
or information retarding installment payment of' premium, may be used
at the option of the company.
1—The Hama and 1oca.ti
on of the company `-e to be stated. The t of
the policy commary and the word used throughout the i to desig-
nate suitably to the cowry are to be stated.
S—The la_-.gage of this paragraph .s optional with the company.
•
•
861261
June 30, 1967.• ?age
June 9. 197, Rev. )
June 10, 1981 (Rev.)
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881251
July 13, 1967, .
age 6.
(For policy issued by one company)
--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-
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 c_f 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. Coverace 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 (:)
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.
Coverace 3 - ?rooerrm Damace Liabilit.
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 ":roper^_y 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 :tem 5 of the declarations.
F� ' A
June 30, 1967. Page 7.
4
Coverers C - Physical ta:sce to Property
To pay for direct and accidental loss of or d.a age 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 worms described in Item 6 of the dec Larations; provided such property
is owned by the named insured or is leased or entrusted to the named
insured under a lease or trust agreement.
II. Definitions
(a) Insured - The unqualified wort "insured" includes the ns_'ed 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
inin Item of the declarations and. includes all subcontractors of
sail contractor but shall not include the named insured.
(c) Desi-sted co:trtee of the insured - The cords "designated employee
of the insured'' mean:
(1) any supervisory employee of the insured at the job site,
2) any employee of the insured :isi_'e operating, attached to or
engaged on work trains or other railroad equipmeent 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" Trans am7 contract or agreement to
carry a person or property for a consideration or any lease, trust
or interchange contract or ape eer-nt respecting active power, roll-
ing stock or mechanical construction equipment.
III. Defense, Settlement. Stim:lementery Payments
With respect to such insurance as is afforded by this policy under
coverages A and 3, the company shall:
(a) defend any suit against the insured alleging such bodily injury or
property damage and seeking damages which are payable under the
terms of this policy, even if any of the allegations of the suit
are groundless, false or fraudulent, but the company may cake 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 againat
the insured iII any such suit and all interest cm the ent=
861261
June 30, 1967. Page 8.
•
•
amount of a. v 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
tine of the occurrence;
•
(4) all reasonable expenses, other than loss of earnings, incurred
by the insured at the company's request.
l7. Pol'_c' Period. Terr'tor• •
This policy applies only to occurrences and losses during the
policy period s d within the United States of Am erica, 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 danage 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
darsge or loss resulting from the existence or removal of tools,
urnstalled equipment and abandoned or unused materials;
(d) under coverages A (1), 3 and C, to bodily injury, property damage
or lass, 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 ray be held liable under any workmen's
compensation, unemployment compensation or disability benefits
law, or under any similar law; provided that the Federal Employers'
Liability Act, U. S. Code (1946) Title 1.5, Sections 51-60, as amended,
shall for the purposes of this insurance be deemed not to be any
similar. law;
(f) eater coverage 3, to _nj to or destruction of property (i) c:ced
••b the nab.__ insured or (ii) _eased or entrusted to _.._ named insured
...der a :ease or trust agreement.
_nt.
861.261
September 29, 19(
?age 9.
(g)
1. Under any Liability Coverage, to injury, sickness, disease, death
or destruction
(a) with respect to which an insured under the policy is also
an insured under a nuclear energy liability policy issued
by Nuclear Energy Liability Insurance Association, Mutual
Atomic Energy Liability Underwriters or Nuclear Insurance
Association of Canada, or would be an insured under any such
policy but for its termination upon exhaustion of its limit
of liability; or
(b) resulting from the hazardous properties of nuclear material
and with respect to which (1) any person or organization is
required to maintain financial protection pursuant to the
Atomic Energy Act of 1954, or any law amendatory thereof, or
(2) the insured is, or had this policy not been issued would
be, entitled to indemnity from the United States of America,
or any agency thereof, under any agreement entered into by
the United States of America, or any agency thereof, with
any person or organization.
2. Under any Medical Payments Coverage. or under any Supplementary-
Payments provision relating to immediate medical or surgical relief,
to expenses incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous properties of nuclear material
and arising out of the operation of a nuclear facility by any
person or organization.
3. Under any Liability Coverage, to injury, sickness, disease, death
or destruction resulting from the hazardous properties of nuclear
material, if
(a) the nuclear material (1) is at any nuclear facility owned
by, or operated by or on behalf of, an insured or (2) has
been discharged or dispersed therefrom;
(b) the nuclear material is contained in spent fuel or waste at
any time possessed, handled, used, processed, stored, trans-
ported or disposed of by or on behalf of an insured; cr -
(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.
861261
September 29, 196 Page 13.
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
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(b) any equipment or device designed or used for (1) separating
the isotopes of uranium or Plutonium, (2) processing cr
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 cf plutonium cr
uranium 233 or any combination thereof, or more than 250
grams of uranium 235,
(d) any structure, basin, excavation, premises cr 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 ail 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 _overage C, to loss due to n.•ucl_ar reaction, nuclear radiation
or radioactive contamina_lon, or tc any act or condition incident to
any of _`:e foregoing.
861261.
June 30, 1967. Page 11.
CC'1 ITI cT:S
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 5 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 :tile 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
__:. premiums applicable to this incur ance. if the earned premium um thus
ccm..zted exceeds the estimated ad•ranoe 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. Instection 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 5 of the declarations.
3. Limits of Liability The licit 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. "'._ts of T.iabilit'r The limit of liability under coverages 3 and C stated
Coverages 3 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 3 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
• 3, as the result of any cne occurrence.
Subject to the above provision respecting "each occurrence," the Limit of
_ `•
_ __'_ty under coverages 3 and C stared in the declaration as "aggregate" is
t l the total -.:. of company's '=ability for all druna_es and a. loss ...:der
cover aces 3 and C co.:b_.ed arising out of pc-sisal '_z u.ry to,
861261
June 30, 1967.
Page 12
dent r_ction of loss of property, including the loss of use of any property
duo to e'cch injury or destruction under Coverage 3.
Under Coverage C, the limit of the company's liability for loss shall
not exceed the actual cash value of the property, or if the lass is of a
part thereof the actual cash value of such part, at time of loss, nor what
it would then cost to repair or replace the property or such part thereof
with other of like kind and quality.
5. Severabiity of Interests The term "the insured" is used severally and
Coverages A and E not collectively, but the inclusion herein
of more than one insured shall not operate to increase the limits of the
company's liability.
6. Y,ctice 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 =me 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
br:u_ht a_airst 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, ex_ept at his
own cost, voluntarily make any payment, as=e any obligation or incur any
expense other than for such 'i ediate medical and surgical relief to others
as shall be imperative at the tins of accident.
8. Action A:ainst Commsn& ? o action shall lie against the company unless,
Coverages A and $ as a condition precedent thereto, the insured
shall 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 determined
either by judGment against the insured after actual trial or by written
agreement of the insured, the rtn'*•- tt 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. ::o 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 shal1 have been full compliance with all
the ter—s on this policy nor until thirty days after proof of loss is filed
i.nd the '=c• .^of '1057 is determined as provided in tills policy.
9. Th urn 's -u_ies 'n _vent of Ices the event of 1077 the insured
Coverage C snail: y
8E1.261
June 30, 1967. Pace 13.
(a) protect the property, w-:tether or not lne loss 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 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—
pan;;ts request, exhibit the damaged property.
10. Aonraisal 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
fai.C t:, agree shall submit th.;ir differanoes 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 chocon appraise: and shall bear equally the other
• expenses of the appraisal and umpire.
The ccnpany shall not be held to have waived any of its rights by any
act relating to appraisal.
11. ?entrant 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. ro 7"nefit to Pailee Tho inciL_.-. 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—
pany 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.
1L. Acolicaticn of Insurance The insurance afforded by this policy is
primary insurance.
15. Three Tear Polio? A po isy 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. Chancres Notice to any agent or knowledge possessed by any agent or
by any other person shall not effect a .aiver or a change in any part
of this policy or estop the company from asserting any right under the terms
of this :oiler; nor shall the terms of this policy be waived or changed,
except by endorsement issued to form a cart of this policy( signed by
(here insert titles of authorized company officials
or recresc::.,a,,:7es) ; provided, however changes =my be made in the .mitten
porti;n of the declaration by (here insert titles
861261 -
June 30, 196" ?aye 14 .
of authorized contany representatives) when initialed by such
here insert titles of authorized company representatives) or by endorse-cent
_ss-_.d to for: a part of this policy signed by such (here
_..sort titles of act oriz_d company representatives))
17. Assirnment Assignment of interest under this policy shall not bind the
company until its consent is endorsed hereon.
13. Gancelation This policy may be canceled by the named insured by
railing to the company written notice stating when thereafter the cancela—
tion shall be effective. This policy may be canceled by the compare- by
nailing 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
nailing c•. notice as aforesaid shall be sufficient proof of notice. The
effective date and hour of cancelation stated in the notice shall the
end of the policy period. Cel_`very 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 custena y short rate table and procedure. if the ccm-
parj cancels, earned premium shall be =imputed pro rata. Presiva adjust-
ment may be r_zde either at the time cancelation is effected or as soon as
practicable after cancelation becomes effective, but —en:
_ ec. _ pa;_ cr tender of
unearned pr_u= is not a condition of cancelation.
19. Ceclar atione 9y acceptance of this policy the named insured agrees that
such statement in the declarations as are made by h1 are his agreements and
representations, that this policy is issued in reliance upon the truth of
such representations and that this policy embodies all agree.-tents existing
between himself and the company or any of its agents relating to this insurance.
(For policy issued by one company)
in witness whereof, the Blank Indemnity Cor..pary has caused this policy to
be signed by its president and a secretary at and countersigned 3
cn the declarations page by a duly authorized agent of the company.
(FACSINILE CF SIGNATURE) (FACSrzi.s CF SIGNATURE)
Secretary President
(For policy issue: by two companies)
In witness whereof, the rim* Indemnity Comparl has caused this policy
wit: respect to coverages and such other parts of the policy as
are applicable thereto, to be signed by ita president and a secretary at 8
• , and countersigned on the declarations page by a duly authorized
agent of the company.
(n :=?.E OF SIv4AT'nz) (FAc5izLI OF S:G2:ATURZ)
Secretary President
:n witness whereof, the lark Insurance Company has caused this policy,
with respect to coverages and such other parts of the policy as
are applicable thereto, to be signed by its president and a secretary at 8
, and countersigned on the declarations page by a duly authorized agent
o: the company.
('nC5i'=LE OF SIGNATURE) (FACSI'Z'- G.- S:r:A:'OP.2)
Secretary President
7-1=
861261
r wi '•�-,iv fV �iM VI4 J -V
~1 Replaces 132 -,
UNION
yPAcicic
I I Remit Payment To;
P.O.BOX 3443-A
DOWNTOWN STATION
OMAHA, NE 68181-0443
BILL NO. T7719 ?
MONTH'S ACCOUNT JUL 1987
WELD COUNTY COLORADO 080604
ROAD AND BRIDGE DEPT. CHRE—F2
933 NORTt- 11TH AVE.
GREELEY, COLORADO 80631 DATE JUL. 01 , 1987
To Assure Proper Credit To Your Account,Please Detach Top Portion and Include With Your Remittance g 1165 00
RA00017-15
RENTAL PER LEASE 0017-15 DDC. DATE APR . 18, 1986
AEA RIVERS, COLORADO
FOR LAND FCR ENCROACH, PUBLIC R3 AD , HWY OR CROSSING
FLi;k THE PERIOD APR . 18, 1986 TO APR. 18, 2011
11651 30
1165 GO
••
•
•_ If
c '
c I
i I
• j I
__ .. PAY THIS AMOUNT L
-PAYABLE UPON RE CEI
currespondence To:Asst.Manager-Receivable Accounting,MC 7120,1416 Dodge St.Omaha,NE 68179 1165 00
UNION PACIFIC RAILROAD
BILL NO. DATE
!� T77193 JUL 1987
WELD COUNTY COLORADO 080604
ICC SUB SUB-SUB 1165 '00
ACCT. ACCT. ACCT. AMOUNT
506 001 00005 1,165 00
I
li
l;
l I
861261
K 0Gc.
UNION PACIFIC RAILROAD COMPANY
ROOM 300
REAL ESTATE DEPARTMENT UNION 1416 DODGE STREET
mom OMAHA,NEBRASKA 68179
IMP
March 11, 1987 017-15 tDrii Weld County, Colorado
Road and Bridge Dept.
933 North 11th Ave .
Greeley, Colorado 80631 +-
Gentlemen:
Herewith fully executed copy of Lease Agreement, Dept.
No. CD-21556-1, signed in connection with the Railroad Company' s
right of way near Rivers, Colorado .
The Railroad Company has authorized the installation of
fiber optic cable facilities on its property in certain areas.
Prior to using the Railroad Company' s property covered herein, you
should thoroughly review the terms and conditions of this document
and contact the Railroad Company at 1-800-336-9193 to determine if
a fiber optic cable is buried on the subject property.
Very truly yours,
R. W. CHRISTENSEN
Manager-Real Estate Contracts
8U1261
Hello