R-87-960 - 2/26/1987and
ATTEST:
mire) 01ClAtoU
nne Land, City Secretary
r
RESOLUTION NO.
9_6ag
WHEREAS, it is necessary for the City of Round Rock to use
railroad right -of -way to construct McNeil Road Phase I, and
WHEREAS, the City of Round Rock has received an agreement
from the Missouri - Pacific /Union - Pacific Railroad on this date,
WHEREAS it is in the public interest, health, safety, and
welfare for the City of Round Rock to proceed expeditiously with
this project, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS
That the Mayor be and is hereby authorized and directed to
execute an agreement with Missouri - Pacific /Union - Pacific
Railroad granting the City of Round Rock permission to construct
McNeil Road Phase I on railroad right -of -way.
RESOLVED this,(pu' day of i. W1,/,(CfAI, , 1987.
MIKE ROBINSON, Mayor
City of Round Rock, Texas
Lease of Premises
for Highway Purposes
at Round Rock, Texas
THIS AGREEMENT, made and entered into as of the let day
of March, 1987, by and between MISSOURI PACIFIC RAILROAD COMPANY,
a Utah corporation (hereinafter the Lessor), and THE CITY OF ROUND
ROCK, TEXAS, a Municipal corporation of the State of Texas (here-
inafter the Lessee),
WITNESSETH:
IT IS MUTUALLY COVENANTED AND AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:
Section 1. LEASE; TERM.
The Lessor hereby leases to the Lessee for a term of
twenty -five (25) years effective as of the date first herein
written, unless sooner terminated in accordance with the terms
hereof, the premises shown shaded yellow on the print dated
February 4, 1987, marked Exhibit A, hereto attached.
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DUPLICATE ORIGINAL - LESSEE'S COPY
Audit No.: 1248 -60
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 twenty -five year term; 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 with the previous written consent of
the Lessor, and to erect no structures thereon except such as may
be necessary for highway purposes; to put nothing upon the leased
premises which might obstruct or interfere with the view; to
provide, in locations and in accordance with plans approved by the
Lessor before the work is commenced, such ditches, culverts,
bridges and other structures as may be necessary properly to care
for the drainage from the leased premises and the adjoining right
of way of the Lessor; and to hold the Lessor harmless from any and
all damages to any of such structures on the leased premises
arising from fire caused directly or indirectly by sparks or fire
emitted from the engines or trains of the Lessor; and further to
hold the Lessor harmless from any damages to the highway upon the
leased premises which may result from the construction or
maintenance of drainage ditches or waterways by the lessor.
The Lessee shall, in the construction, maintenance and
improvement of the highway on the leased premises, take every
precaution to prevent damage to, or the impairment of the
stability of, the poles in any pole line of the Lessor or of its
tenants; and the Lessee shall, at its own expense, reset or
relocate, at and under the direction of the Lessor any pole or
poles that are, or are likely to be, damaged or weakened because
of the construction of such highway or the maintenance or
improvement of the same, or shall reimburse the Lessor for the
cost of resetting or relocating any such pole or poles if the
Lessor elects to do the work itself.
Section 3. COST OF CHANGES.
In connection with the construction of the highway on
the leased premises the Lessee shall assume the cost of any
necessary changes within the limits of the right of way of the
Lessor in the construction, grade or drainage of highways or other
roadways crossing the Lessor's right of way.
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Section 4. REPOSSESSION FOR RAILROAD PURPOSES.
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.
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 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.
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Section 7. SUPERIOR RIGHTS.
This Lease is subject to all outstanding superior rights
(including those in favor of licensees and lessees of the Lessor's
property, and others) and to the right of the Lessor to renew and
extend the same; and it is understood that nothing in this Lease
contained shall be construed as a covenant to put the Lessee into
possession or to protect the Lessee in the peaceable possession of
such premises.
Section 8. SPECIAL 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 such
highway for constructing, maintaining and repair 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,
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the Lessee, at is 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 INTERESTS.
For the purpose of protecting the reversionary interests
of the Lessor against the assertion of adverse rights, the Lessee
agrees to prevent encroachments upon the leased premises, and to
this end will, at its own expense, take all necessary action,
including as far as practicable the building of its ditches on and
the borrowing of earth from the outer margin of the leased
premises.
Section 11. TERMINATION ON DEFAULT.
If the Lessee should breach or fail to keep any of the
covenants or conditions hereof, or fail to perform such covenants
or conditions, or to remedy the same for thirty (30) days after
written notice of such failure or breach on the part of the
Lessee, given by the Lessor to the Lessee, then this Lease shall
be null and void.
Section 12. TERMINATION ON NONUSER.
Nonuser by the Lessee of the leased premises for highway
purposes continuing at any time during the term hereof for a
period of eighteen (18) months shall, at the option of the Lessor,
work a termination of this Lease and of all rights of the Lessee
hereunder, and nonuser by the Lessee of a portion of the leased
premises continuing for a like period shall, at the option of the
Lessor, work a termination of all rights and interests of the
Lessee with respect to such portion.
Section 13. RAILROAD PROTECTIVE LIABILITY INSURANCE.
The Lessee agrees that any contractor performing work
contemplated hereunder shall be required to procure for and on
behalf of the Lessor and to keep in effect, during the entire
period of the operations of such contractor or any subcontractor,
insurance of the kinds and amounts stated in the Railroad
Protective Liability Form, marked Exhibit B, attached hereto, such
insurance to be acceptable to the Lessor and to be in addition to
any other forms of insurance or bonds required under the terms of
any contracts between the Lessee and such contractor or
subcontractors.
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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
for their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed in duplicate as of the date first herein
written.
Witness: MISSOURI PACIFIC RAILROAD COMPANY
ATTEST: THE CITY ROUND ROCK, TEXAS
x a-at-47 x 74
(Seal)
h/w
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General Director -Real Estate
Mayor
6
RESOLUTION
WHEREAS, MISSOURI PACIFIC RAILROAD COMPANY (hereinafter called Railroad
Company) has tendered to the CITY OF CITY OF ROUND ROCK, STATE OF TEXAS
(hereinafter called City) a lease for highway purposes, at Round Rock, Texas,
identified in the Railroad Company's records as Audit No. 1248 -60; and
WHEREAS, the Council of said City has said proposed agreement before it
and has given it careful review and consideration; and
WHEREAS, it is considered that the best interests of said City will be
subserved by the acceptance of said agreement;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK:
1 48-60
That the terms of the agreement submitted by the Railroad Company as
aforesaid be, and the same are hereby, accepted in behalf of said City;
That the Mayor of said City is hereby authorized, empowered, and directed
to execute said agreement on behalf of said City and that the City Clerk of
said City is hereby authorized and directed to attest said agreement and to
attach to each duplicate original of said agreement a certified copy of this
Resolution.
STATE OF TEXAS
)ss
COUNTY OF WILLIAMSON)
I , City Clerk of said City hereby certify
that the ove and foregoing is a true, full and correct copy of a resolution
adopted by the Council of said City at a meeting held according to law at said
City on the 66 day of d w � u , 19J_, as the same appears on
file and of record in this office.
IN TESTIMONY WHEREOF, I have hereunto set m hand and affixed the
corporate seal of said City, this a (( o day of , 19 p7 .
4t 0./ Ii/
'ty Clerk of t e
pity of Round Rock
State of Texas
June 30, 1967.
EXHIBIT B
For attachment to Lease, Audit No. 1248 -60
STANDARD PROVISIONS FOR GENERAL LIABILITY POLICIES
RAILROAD PROTECTIVE LIABILITY FORM
Including Instructions for
Preparation of Policies by Companies
June 30, 1967.
STANDARD PROVISIONS FOR GENERAL LIABILITY POLICIES
Railroad Protective Liability For
GEI RAL fl STRIICTIONS
Page 1
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 shown below referring to specific por-
tions of the form, or (c) by an endorsement which states an amendment cr
exclusion of some provision of the for in accordance with the provisions of
a manual rule, the for of which endorsement has been approved, if required,
by the supervising authority of the state in which the policy is issued.
2. Optional Sequence and Arrangement
The several parts of the form, viz. "Insuring Agreements," "Exclusions,"
"Conditions" and "Declarations" may appear in the policy in such sequence as
the com may elect and the sequence and arrangement of the several mro-
visions of those parts are also optional with the company*.
3. Descriptive Headings -- Identifying or Indexing Designations
The descriptive headings of the parts of the or (as quoted above) and
of the mayor insuring agreements ( "Bodily Injury Liability," "Property Dam-
age Liability," etc.) are stamaprd expressions which may not be amended or
omitted, but all other identifying or indexing designations (such as
"Coverage A," "Defense, Settlement, Supplementary Payments," "Cancelation,"
etc.), including literal or numerical designations or paragraphs or phrases,
maybe amended or omitted at the company's option. When such identifying or
indexing designations, used for the purpose of reference in the text of the
form or any endorsement form applicable thereto, are amended or omitted,
descriptive designations shall be substituted therefor.
4. Additional Coverages or Companies, Explanatory or Connective La_.rsa
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 fora is per-
missible and the introductory language of the "Insuring Agreements" which
provides for the issuance of a policy by two companies may be used and, if
necessary, paraphrased to permit such policies to be issued by more than two
companies.
5. Declarations -- Including Other Risks .
A common set of declarations may be used in those cases where policies in
this form are issued with policies covering other risks.
June 30, 1967.
*6. Installment Premium Payment
Policies written to provide for payment of premium in installments may
provide for lapse or suspension of the policy upon default of payment when due.
*Tot applicable in Texas
7. Addition of Coverage by Zndorsement
When insuring agreements and other provisions relating to any particular
class of insurance are added to this policy by endorsement, such additional
insurance must be expressed in approved standard language relating to the
particular class and must be subject to all standard provisions applicable
to that class by the expressions of the endorsement or of the policy or
of both taken together.
8. Definition of "Standard" and "Approved"
"Standard language" or "approved standard language" when used in these
instructions means the form aril 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 poli-
cies, forms and endorsements, the terms mean the forms and endorsements
,adopted by the companies for use in such states.
9. Premium Statement
The statement with respect to payment of premium may be amended by an.
endorsement to make necessary provision with respect to payment of premium,
payment of additional premium and return of premium and dividends]* under
the policy.
10. Special Conditions for Mutuals, Reciprocals, and Participating Stock
Companies
When the policy is issued by a mutual company, a reciprocal associ-
ation or a participating stock company having special 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 Cenral Instruction 10
Page 2.
June 30, 1967.
REEEMICE 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.
3-4, statement may be added that a definite notation may be made in the
premium column to show that a particular coverage is not afforded.
4 —Nan= of company may be shown.
5 — The capacity of the person countersigning may be stated.
6.— Additional declarations of this type, calling for general information
or information regarding installment payment of'premiva, may be used
at the option of the company.
7 — The name and location of the co. — are to be stated. The type of
the company and the word used throughout the policy suitably to desig-
nate the company are to be stated.
9 — The language of this 'paragraph is optional with the company.
Page 3.
DECLARATIONS
Item 1. Named Insured
BLANK INDEMNITY COMPANY
BLANK IIISIRAANCE COMPANY
UNION PACIFIC RAILROAD COMPANY
Address 1416 Dodge Street Omaha Douglas Nebraska 68179
(11o. Street TownLor CttyJ l County State)
Item 2. Policy Period; From (See Reference Ho. 2) to
12:01 A.M., standard time at the deaignated job elte as atated herein.
Item 3. The lnsurenr�e afforded is only with respect to such of the following coverages as are indicated
�
[in Item C A by specific premium charge or charges. The limit of the company's liability against
such coverage or coverages shall be as stated herein, subject to all the terma of this policy having
reference thereto. (See Reference Note 3.)
Coverages Limits of Liability
A Bodily Injury Liability
B Property Damage Liability
6
C and Physical Damage to Property
Item 4. Name and Addreea of Contractor
[ilroad Protective Liability Policy Ho.
L
Ill
$2,000,000.00 per occurrence
combined single limit
$6,000,000.00 aggregate
Item 5. Name and Addreeu of Governmental Authority for whom the work by the contractor is being performed
Premium
Item 6. Designation of the Job Site and Bases
Description of Work
Contract Coat
If Policy Period more than one years
Premium is payables On effective date of Policy $
F ate and Place of Iaeue 1
Counteretgned T 19 , at
Advance
Rates Promiumn
Coverage A Coverages B& C Coverage A Coverages B & C
Per $100 of Cost
Rental Cost Per $100 of Rental Cost
1st Anniversary,$ 2nd Anniversary $
1
by
A. Renewal of Policy number. C. Endorsement serial numbere.
B. The named insured is a corporation. D. Rating plan or premium discount.
(See Reference Note 5)
6
July 13; 1967.
(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
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 uoon
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 - 3odily Iniury Liability
To pay on behalf of the insured all sums which the insured shall be-
come legally obligated to pay as damages because of bodily injury, sickness,
or disease, including death at any time resulting therefrom, hereinafter
called "bodily injury," either (1) sustained by any person arising out of
acts or omissions at the designated job site which are related to or are in
connection with the work described in Item 6 of the Declarations, or (2)
sustained at the designated job site by the contractor or any employee of the
contractor, or by any employee of the governmental authority specified in
Item 5 of the Declarations, or by any designated employee of the insured,
whether or not arising out of such acts or omissions.
Coveracs B - Property Damace Liability
(For policy issued by one company)
To pay on behalf of the insured all sums which the insured shall
become legally obligated to pay as damages because of physical injury to
or destruction of property, including loss of use of any property due to
such injury or destruction, hereinafter called "property damage" arising
out of acts or omissions at the designated job site which are related to
or are in connection with the work described in Item 6 of the declarations.
Page 6.
7
June 30, 1967.
( 2)
(3)
4 •
Coverage C - Physical Damage to Property
To pay for direct and accidental loss of or damage to rolling stock
and their contents, mechanical construction equipment, or motive power
equipment, hereinafter called loss, arising out of ants or omissions at
the designated fob site which are related to or are in connection with
the work described in Item 6 'of the declarations; provided such property
is owned by the named insured or is leased or entrusted to the named
insured under a lease or trust agreement.
II. Delinitions
(a) Insured - The unqualified word "insured" includes the named insured
and also includes any executive officer, director or stockholder
thereof while acting within the scope of his duties as such.
(b) Contractor - The word "contractor" means the contractor designated
in Item V of the declarations and includes all subcontractors of
sail contractor but shall not include the named insured.
(0)
Desisted employee of the insured - Ths words "designated employee
ur
of the insured' mean:
any supervisory employee of the insured at the fob site,
any employee of the insured while operating, attached to or
engaged on work trains or other railroad equipment at the fob
site which are assigned exclusively to the contractor, or
any employee of the insured not within (1) or (2) who 1s
specifically loaned or assigned to the work of the contractor
for prevention of accidents or protection of property, the cost
of whose services is borne specifically by the contractor or
by governmental authority.
(d) Contract - The word "contract" means any contract or agreement to
carry a person or property for a consideration or any lease, trust
or interchange contract or agreement respecting motive power, roll-
ing stock or mechanical construction equipment.
III. Defense, Settlement. Suvolementary Payments
With respect to such insurance as is afforded by this policy under
coverages A and B, the company shall:
(a) defend any suit against the insured alleging such bodily injury or
property 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 n`ke such
investigation and settlement of any claim or suit as it deems
expedient;
(b) pay, in addition to the applicable limits of liability:
(1) all expenses incurred by the company, all costs taxed against
the insured in any such suit and all interest on the entire
Page 7.
June 30, 1967. Page 8.
amount of any judgment therein which accrues after entry of
the judgment and before the company has paid or tendered or
deposited in court that part of the judgment which does not
exceed the limit of the company's liability thereon;
(2) premiums on appeal bonds required in any such suit, premiums
on bonds to release attachments for an amount not in excess
of the applicable limit of liability of this policy, but
without obligation to apply for or furnish any such bonds;
expenses incurred by the insured for such immediate medical
and surgical relief. to others as shall be imperative at the
tine of the occurrence;
(3
(4) all reasonable expenses, other than loss of earnings, incurred
by the insured at the company's request.
I4. Policr 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.
This policy does not apply:
(a) to liability assumed by the insured under any contract or agreement
except a contract as defined herein;
(b) to bodily injury or property damage caused intentionally by or at
the direction of the insured;
(c) to bodily injury, property damage or loss which occurs after
notification to the named insured of the'acceptance of the work
by the governmental authority, other than bodily injury, property
damage or loss resulting from the exi stence or removal of tools,
=installed egnixent and abandoned or unused materials;
(d) under coverages A (1), 3 and C, to bodily injury, property damage
or loss, the sole proximate cause of which is an act or omission
of any insured other than acts or omissions of any designated
employee of any insured;
(e) under Coverage A, to any obligation for which the insured or any
carrier as his insurer may be !meld ].able under any workmate
compensation, unemployment compensation or disability benefits
law, or under any similar law; provided that the Federal Employers'
Liability Act, U. S. Code (1946) Title 45, Sections 51-60, as amended,
shall for the purposes of this insurance be deemed not to be any
similar law;
under coverage 3, 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.
(f )
EXCLUSIO::S
September 29, 1967. Page 10.
4. As used in this exclusion:
"hazardous properties" include radioactive, toxic or explosive
properties;
"nuclear material" means source material, special nuclear material
or byproduct material;
"source material ", "special nuclear material ", and "byproduct
material" have the meanings given them in the Atomic Energy Act
of 1954 or in any law amendatory thereof;
"spent fuel" means any fuel element or fuel component, solid or
liquid, which has been used or exposed to radiation in a nuclear
reactor;
"waste" means any waste material (1) containing byproduct material
and (2) resulting from the operation by any person or organization
of any nuclear facility included within the definition of nuclear
facility under paragraph (a) or (b) thereof;
"nuclear facility" means
(a) any nuclear reactor
(b) any equipment or device designed or used for (1) separating
the isotopes of uranium or plutonium, (2) processing or
utilizing spent fuel, or (3) handling, processing or
packaging waste,
(c) any equipment or device used for the processing, fabricating
or alloying of special nuclear material if at any time the
total amount of such material in the custody of the insured
at the premises where such equipment or device is located
. consists of or contains more than 25 grams of plutonium or
uranium 233 or any combination thereof, or more than 250
grams of uranium 235,
(d) any structure, basin, excavation, premises or place prepared
or used for the storage or disposal of waste,
and includes the site on which any of the foregoing is located,
all operations conducted on such site and all premises used for
such operations;
"nuclear reactor" means any apparatus designed or used to sustain
nuclear fission in a self - supporting chain reaction or to contain
a critical mass of fissionable material;
With respect to injury to or destruction of property, the word
"injury" or "destruction" includes all fords of radioactive
contamination of property.
(h) under Coverage C, to less due to nuclear reaction, nuclear radiation
or radioactive contamination, or to any act or condition incident to
any of the foregoing.
September 29, 1967. Page 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.
June 30, 1967.
deetr motion 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 shall
not exceed the actual cash value of the property, or if the loss is of a
part thereof the actual cash value of such part, at time of loss, nor what
it would then cost to repair or replace the property or such part thereof
with other of like kind and Quality.
5. Severability of Interests The term "the insured" is used severally and
Coverages A and 8 not collectively, but the inclusion herein
of more than one insured shall not operate to increase the limits of the
company's liability.
6. Notice In the event of an occurrence or loss, written notice contain-
ing particulars sufficient to identify the insured and also reasonably
obtainable information with respect to the time, place and circumstances
thereof, and the names and addresses of the inured and of available wit-
nesses, shall be given by or for the insured to the company or any of its
authorized ae!rts as soon as practicable. If claim is made or suit is
brcu ^ht azairst 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 8 with the company and, upon
the company's request, attend hearings and trials and assist in making
settlements, securing and giving evidence, obtaining the attendance of wit-
nesses and in the conduct of suits. The insured shall not, except at his
own cost, voluntarily make any pa assume any obligation or incur any
expense other than for such immediate medical and surgical relief to others
as shall be imperative at the time of accident.
8. Action Against Conm_nr No action shall lie against the company unless,
Coverages A and B as a condition precedent thereto, the insured
shall have fully complied with all the terns of this policy, nor until the
amount of the insured's obligation to pay shall have been finally determined
either by judgment against the insured after actual trial or by written
agreement of the insured, the clams and the company.
Any person or organization or the legal representative thereof who has
secured such judgment or written agreement shall thereafter be entitled to
recover under this policy to the extent of the insurance afforded by this
policy. No person or organization shall, have any right under this policy
to join the company as a party to any action against the insured to determine
the insured's liability. Bankruptcy or insolvency of the insured or of the
insured's estate shall not relieve the company of any of its obligations
hereunder.
Coverage C No action shall lie against the company unless, as a con-
dition precedent thereto, there shall have been full compliance with all
the terns on this policy nor until thirty days after proof of loss is filed
and the a_cunt of loss is determined as provided in this policy.
9. insured's hies in Evert of Lcss In the event of loss the insured
Coverage C shallr
Page 12.
June 30, 1967.
(a)
protect the property, 'whether or net the loss is covered by this
policy, and any further loss due to the insured'e 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-
pany's request, exhibit the damaged property.
10. Amoraisal 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 ccmpary 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
failing to agree shall submit their differences to the umpire. An ward in
writing of any two shall determine the amount of loss. The insured and the
cc=pany shall each pay his chosen appraiser and shall bear equally the other
expenses of the appraisal and umpire.
The company shall not be held to have waived any of its rights by any
act .relating to appraisal.
11. Payment of Loss The company may pay for the loss in money but there
Coverage C shall be no abandonment of the damaged property to
the company.
12. ^o Penefit to Paaiiee Tho 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-
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.
IL. Atalicaticn of Insurance The insurance afforded by this policy is
primary insurance.
15. Three Year Policy A policy pericd of three years is comprised of
three coneecutice annual periods. Computation and adjustment of earned
premium shall be made at the end of each annual period. Aggregate limits
of liability as stated in this policy shall apply separately to each
annual period.
16. Changes Notice to any agent or knowledge possessed by any agent or
by any other person shall not effect a waiver or a change in any part
of this policy or estop the company from asserting any right under the terms
of this pe"cy; nor shall the tame of this policy be waived or changed,
except by endorsement issued to for a part of this policy[ signed by
(here insert titles of authorised company officials
or representatives); provided, however changes nay be made in the written
portion of the declaration by (here insert titles
Page 13.
•
June 30, 1967. Page 14.
of authorized company representatives) when initialed by such
(here insert titles of authorized company representatives) or by endorsement
issued to form 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.
18. Cancelation This policy may be canceled by the named insured by
mailing to the company written notice stating when thereafter the cancela-
tion shall be effective. This policy may be canceled by the company by
:tailing to the named insured, contractor and goverrental authority at the
respective addresses shown in this policy written notice stating when not
less than thirty days thereafter such caneelation shall be effective. The
railing of notice as aforesaid shall be sufficient proof of notice. The
effective date and hour of caneelation stated in the notice shall become the
end of the policy period. Delivery of such written notice either by the
named insured or by the company shall be equivalent to mailing.
If the named insured cancels, earned premium shall be computed in
accordance with the customary short rate table and procedure.' If the com-
pany cancels, earned premium shall be computed pro rata. Premium adjust-
ment may be made either at the time caneelation is effected or as soon as
practicable after cancelation becomes effective, but payment or tender of
unearned premium is not a condition of caneelation.
19. Declaration, By acceptance of this policy the named Insured agrees that
such statement in the declarations as are made by him are his agreements and
representations, that this policy is issued in reliance upon the truth of
such representations and that this policy embodies all agreements existing
between himself and the company or any of its agents relating to this insurance.
(For policy issued by one company)
In witness whereof, the Blank Indemnity Company has caused this policy to
be signed by its president and a secretary at and countersigned
on the declarations page by a duly authorized, agent of the company.
(FACSIMILE OF SIGNATURE) (e ACSIM /LE OF SIGNATURE)
Secretary President
(For policy issued by two companies)
In witness whereof, the Blank Indemnity Company has caused this policy
with respect to coverages and such other parts of the policy as
are applicable thereto, to be signed by ite president and a secretary at
and countersigned on the declarations page by a duly authorized
agent of the company.
(FACSIMILE OF SIGNATJRE) (FACSIMILE OF SIGNATURE)
Secretary President
In witness whereof, the Blank Insurance Company has caused this policy,
with respect to coverages and such other parts of the policy as
are applicable thereto, to be signed by its president and a secretary at
, and countersigned on the declarations page by a duly authorized agent
of the company.
(FAcsInzLS OF SIGNATURE) (FACSIMILE OF SIGNATURE)
Secretary President
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LJP FILE: TX124/360
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786,6'
'NOTE: BEFORE YOU BEGIN ANY WORK, SEE
AGREEMENT FOR FIBER OPTIC PROVISIONS. "
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Scale 1 IOW
TO LAREDO
34.29'
LEASE TO CITY OF ROUND ROCK.
EXHIBIT 'A'
MOSSOURII PACHNIC HABLEIOAD CO
ROUND ROCK, WILLIAMSON COUNTY, TEXAS
MP. 161.50 TO 161.81- AUSTIN SUB.
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Office of Director-Real Estate
Omaha, Nebraska FEBRUARY 4, 1987
LIEGIEND
LEASE AREA SHOWN........
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