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Home My WebLink About103394 UNION PACIFIC RAILROAD - CONTRACT - CONTRACT - 29375WLX.DOC 940204 Form Approved, AVP-Law WIRELINE CROSSING AGREEMENT Mile Post: 29, Fort Collins Subdivision Location: Fort Collins, Larimer County, Colorado Folder No. 02254-25 THIS AGREEMENT ("Agreement") is made and entered into as of January 02, 2007, ("Effective Date") by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Licensor") and CITY OF FORT COLLINS, to be addressed at 117 North Mason Street, P.O. Box 580, Fort Collins, Colorado 80522 ("Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article I. LICENSE FEE. Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Three Thousand Five Hundred Ten Dollars ($3,510.00). Article II. LICENSOR GRANTS RIGHT. In consideration of the license fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate one underground fiber optic wireline crossing only across Licensor's tracks) and property (the "Wireline") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated October 31, 2006, marked Exhibit "A" attached hereto and hereby made a part hereof. Under no circumstances shall Licensee modify the use of the Wireline for a purpose other than for the purpose set forth in this Article I, and the Wireline shall not be used for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article III. CONSTRUCTION. MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, attached hereto and hereby made a part hereof. Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is to do any of the work performed on the Wireline (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Licensor's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understands its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the Contractor's Right of Entry Agreement. Article V. INSURANCE. A. The Licensee, at its expense, shall obtain the insurance described in Exhibit C, hereto attached. The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder No. 02254-25, issued by its insurance carrier confirming the existence of such insurance and that the policy or policies contain the following endorsement: UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect to all liabilities arising out of the existence, use or any work performed on or associated with the 'Wireline' located on Railroad right-of-way at Mile Post 29, on the Fort Collins SubdivisionBranch, at or near Fort Collins, Larimer County, Colorado. B. If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit C shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self -insured with the consent and approval of the Licensor C. All insurance correspondence shall be directed to: Folder No. 02254-25 Union Pacific Railroad Company Real Estate Department 1400 Douglas Street STOP 1690 Omaha, NE 68179-1690 Article VI. TERM. This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY CITY OF FORT COLLINS INOMA .�. : • Manager - Contracts WL X&E ROE 940201 Form Approved, AVP-Law Folder No. 02254-25 x�,.,.. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the day of , 20 _, by and between UNION CIFIC RAILROAD COMPANY, a Delaware corporation, ("Railroad") and 00LORAVo 15oitit-4 eyey\Va 4 , a C C>i-o corporation ("Contractor"), to be addressed at '4 571 9 A AL -i)i?- f-'f COU,1 .K la_ �Z oS" 2 44 RECITALS: Contractor has been hired by CITY OF FORT COLLINS to perform work relating to the installation of an underground fiber optic wireline crossing (the "work"), with all or a portion of such work to be performed on property of Railroad in the vicinity of Railroad's Mile Post 29, Fort Collins Subdivision, located at or near Fort Collins, Larimer County, State of Colorado, which work is the subject of a contract dated January 02, 2007 between Railroad and CITY OF FORT COLLINS, as such location is also shown on the print dated October 31, 2006, marked Exhibit A attached hereto and hereby made a part hereof. Railroad is willing to permit Contractor to perform the work described above at the location describe above subject to the terms and conditions contained in this Agreement. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows: Article I. DEFINITION OF CONTRACTOR. For purposes of this Agreement, all references in this Agreement to the Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. Article II. RIGHT GRANTED: PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing any work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article IV. Article III. TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C AND D. The terms and conditions contained in Exhibit B, C and D, attached hereto, are hereby made a part of this Agreement. Article IV. ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor, or any costs or expenses incurred by Railroad relating to this Agreement. B. Contractor shall coordinate all of its work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"): George C Halte-- MTM] Union Pacific Railroad Company 101 W First Street, P O Box 3 Kit Carson, Colorado 80825 Phone: 719-962-3201 Cell Phone: 303-898-8454 Fax: 719-962-3225 C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the work, or by Railroad's collaboration in performance of any work, or by the presence at the work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. Article V. TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this Agreement, and continue until MA� 30 goo') , unless sooner terminated as herein provided, or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property. B. This Agreement may be terminated by either party on ten (10) days written notice to the other party. Article VI. CERTIFICATE OF INSURANCE. A. Before commencing any work, Contractor will provide Railroad with the insurance binders, policies, certificates and/or endorsements set forth in Exhibit C of this Agreement. B. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Article VII. Folder No. 02254-25 Union Pacific Railroad Company 1400 Douglas Street STOP 1690 Omaha, Nebraska 68179-1690 DISMISSAL OF CONTRACTOR's EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. Article VIII. ADMINISTRATIVE FEE. Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad Five Hundred Dollars ($500.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this Agreement. Article IX. CROSSINGS. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. Article X. EXPLOSIVES. Explosives or other highly flammable substances shall not be stored on Railroad's property without the prior written approval of Railroad. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY UbOgAgo &DtLIYJC U - tt&L V 5 A121rl Manager - Contracts (Contractor Name) By Title: DPFn.a n V4S Telephoner 910 -YS� 19 S L Fax: Y10 Y94 4f9