The URL can be used to link to this page

Home My WebLink About09777Reception 2255259 12/06/2021 02: 1 1:59 PM ORDINANCE NO. 9777 AN ORDINANCE APPROVING THE EVRAZ SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the EVRAZ Subdivision being a subdivision of land legally described as: A parcel of land located in a portion of the East one-half (1/2) of Sections 12, and 13, Township 21 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado, being more particularly described as follows: Considering the South line of Block 39 in Lake Minnequa Addition as filed for record in the Pueblo County records to bear N. 88°5421" E. and all bearings contained herein being relative thereto. Commencing at the Southeast corner of said Block 39 and the present City limits line; thence N. 88°54'21" E, a distance of 125.00 feet to the east right-of-way line of the Denver and Rio Grande Railroad as presently located; thence N. 01°04'44" W. along said east right-of-way line, a distance of 300.00 feet to the Point of Beginning; thence N. 01°04'44" continuing along said east right-of-way line, a distance of 950.00 feet; thence N. 88°5421" E., a distance of 226.00 feet; thence N. 40°24'00" E., a distance of 636.00 feet; thence N. 88°54'21" E., a distance of 342.00 feet; thence S. 01°05'39" E., a distance of 90.00 feet; thence S. 88°5421" W., a distance of 44.00 feet; thence S. 01°05'39" E., a distance of 190.00 feet; thence N. 88°54'21" E., a distance of 120.00 feet; thence S. 01°05'39" E., a distance of 1711.00 feet; thence S. 88°54'21" W., a distance of 239.32 feet; thence S. 29°59'20" W., a distance of 84.44 feet; thence S. 01°05'39" E., a distance of 918.00 feet; thence S. 88°54'21" W., a distance of 471.00 feet; thence S. 01°05'39" E., a distance of 737.71 feet; thence S. 88°5421"W., a distance of 175.00 feet; thence N. 01°05'39" W., a distance of 2292.65 feet; thence S. 88°5421"W., a distance of 136.71 feet to the Point of Beginning. Containing 59.160 acres, more or less. attached hereto, is hereby approved. All dedicated streets, utility and drainage easements, rights-of-way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. 2255259 12/06/2021 02:11:59 PPI Page: 2 of 3 R 23.00 D 0.00 i 23.00 Gilbert CC-t17 Clerk(tecorder, Pueblo County Co SECTION 2. Ulll 11 1.0111111,' Int 111r"k,00kkaillei 1Lialr'tddiki 11 111 The acceptance of such dedicated streets, rights-of-way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights-of-way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this Ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this Ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this Ordinance or in the City's subdivision Ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. SECTION 4. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of the Ordinance to implement the policies and procedures described herein. SECTION 5. This Ordinance shall be approved upon final passage but shall not become effective until: (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of the Pueblo Municipal Code meeting and complying with the subdivision requirements of the City with such modifications, if any, approved by City Council, have been filed with and approved by the Director of Public Works, and (b) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant to Section 12-4-5(b)(2) of the Pueblo Municipal Code, and are not for any reason filed and approved within one (1) year after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes effective. 2255259 12/06/2021 02:11 :59 PM Page: 3 of 3 R 23.00 D 0.00 T 23 00 Gilbert Ortiz Clerk/Recorder. Pueblo County, Co SECTION 6. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on August 24, 2020 . Final adoption of Ordinance by City Council on Se•tember 14 2020. 11 lYSii Pr-sid'nt of City Council Action by the Mayor: Approved on/(jko y / 0/4. 0 ❑ Disapproved on based on the following objections: • Mayor Action by City Council After Disapproval by the Mayor: O Council did not act to override the Mayor's veto. ❑ Ordinance re-adopted on a vote of , on ❑ Council action on failed to override the Mayor's veto. President of City Council CD ATTEST alt-1111A40- ; \`?', A Tr City Clerk . 1 1 City Clerk’s Office Item # R-2 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: August 24, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE EVRAZ SUBDIVISION SUMMARY: The applicant is requesting to subdivide a previously un-subdivided 59.16-acre parcel into a one lot subdivision within the EVRAZ Rocky Mountain Steel Mill property that will be used for an I-3, Heavy Industrial development. PREVIOUS COUNCIL ACTION: The Evraz Annexations 1 and 2 were approved by Ordinance Nos. 9362 and 9363 dated November 12, 2018. The Evraz Annexations 3, 4, and 5 were approved by Ordinance Nos. 9554, 9555, 9556 dated September 23, 2019. BACKGROUND: The proposed subdivision site consists of the EVRAZ Annexation Areas 1-5, which were recently annexed into the City in five phases. EVRAZ Annexation 1 and 2 were annexed on November 12, 2018. EVRAZ Annexation Areas 3, 4, and 5 were annexed on September 23, 2019. The subject property is located within the EVRAZ Rocky Mountain Steel Mill Site, east of I-25, at the terminus of Indiana Avenue and south of Harlem Street. The one-lot subdivision will facilitate heavy industrial development for steelmaking. FINANCIAL IMPLICATIONS: The approval of this subdivision plat will not have any immediate financial impact to the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their June 10, 2020 Regular Meeting, voted 7- 0 to recommend approval. STAKEHOLDER PROCESS: The Planning Department sent out Notice of the Planning and Zoning Commission Public Hearing to all property owners located within 300 feet of the subject property. ALTERNATIVES: If City Council does not approve this Ordinance, the site will remain un-subdivided and impede development of the site. Upon request of City Council, the Ordinance could be returned to the Planning and Zoning Commission for consideration of proposed modifications. RECOMMENDATION: Approval of the Ordinance. Attachments: Proposed Ordinance Minutes of the Planning and Zoning Commission June 10, 2020 Public Hearing Memorandum from the Department of Public Works Dated July 29, 2020 Planning and Zoning Commission Staff Report with Attachments and Exhibits Reception 2255261 12/06/2021 02: 1 1:59 PM Recording Requested By, And When Recorded, Mail To: DECLARATION OF PRIVATE ROAD THIS DECLARATION OF PRIVATE ROAD ("Declaration")is made as of June 3, 2020 ("Effective Date") by CF&I STEEL, L.P., a Delaware limited partnership, with an address of 1612 E. Abriendo, Pueblo, Colorado 81004 ("Declarant"). RECITALS A. Declarant owns the real property situated in the City of Pueblo, Pueblo County, Colorado, which is legally described on Exhibit A (the"Property"). B. Declarant desires to (1) create access from a public street to the Property by a private road, and(2)provide for the maintenance of the private access road. DECLARATION NOW, THEREFORE, Declarant, for itself, its successors and assigns, declares that the Property and each part thereof and interests therein will be owned, held, transferred, conveyed, subject to the covenants, easements, equitable servitudes and other provisions set forth in this Declaration. 1. DEFINITIONS. The following terms will have the following definitions in this Declaration. Any other terms defined in this Declaration will have the meanings given to them in this Declaration. (a) "Applicable Law" means the laws, orders, ordinances, regulations, rules and statutes of all federal, state and local,jurisdictions having authority over the Property. (a) "Common Expense Share" means the amount allocated to each Owner for its share of Common Expenses and the calculation will be the pro-rata share of each Owner to the entire Property. As of the Effective Date, there is one Owner. The "Common Expense Share" will be adjusted if portions of the Property are conveyed. 1 2255261 12/06/2021 02:11:59 PM C-3; e: 2 9 P 53. 0.00 T 3. 0 Gil1bert O,3t4.12 C1e kIReco00rder0 . °ueblo5Cou0',ty Co •iii Kill L 'l i?1'011110111 l ,^Fgrveif'4li •i II i (b) "Common Expenses" means and includes expenses of the ownership, administration, operation, management and repair of the Private Driveway, (including liability insurance). (c) "Declarant" means CF&I STEEL, L.P, a Delaware limited partnership, and its successors and assigns. (d) "Owner" means the record owner of the fee title to any portion of the Property. Owner shall not mean or refer to the holder of a mortgage, deed of trust or deed to secure debt unless and until such holder has acquired fee title to a portion of the Property by foreclosure or any proceeding, deed in lieu of foreclosure or other means. (e) "Plat" means that certain plat entitled Evraz Subdivision, recorded in the official records of the Clerk and Recorder of Pueblo County,Colorado on ,2020 at Reception No. (f) "Permittees" means Declarant and its respective employees, agents, contractors, customers, visitors, invitees, licensees, tenants, subtenants, and concessionaires. (g) "Private Driveway" means the driveway and related driveway improvements,paving, curbing, entrances and exits established on the Plat. 2. EASEMENTS. (a) Establishment. The following easements are hereby created. (1) Pedestrian Easement. Declarant grants and conveys for the use of Owners and for the use of its Permittees, a perpetual, non-exclusive easement for pedestrian ingress and egress over the portions of the Private Driveway for the use and passage of pedestrians ("Pedestrian Easement"). (2) Vehicular Easement. Declarant grants and conveys for the use of the Owners and Permittees, a perpetual, non-exclusive easement for vehicular (including truck) ingress and egress (but not parking) over the portions of the Private Driveway that are improved with improvements designed for the use and passage of motor vehicles ("Vehicular Easement"). (3) Driveway Easement. Declarant grants and conveys to the Owners and the Permittees, a perpetual, non-exclusive easement and right of way for pedestrian and vehicular passage and ingress and egress over, on and across the Private Driveway and for the purpose of operating, repairing, replacing and utilizing the Private Driveway and maintaining the Private Driveway. (4) Emergency Easement. Declarant grants and conveys to each local police, fire or other emergency personnel an easement to enter onto the Private Driveway for emergency purposes or for the purpose of law enforcement in accordance with Applicable Laws. 2 2255261 12/06/2021 02:11:59 PM Page. 3 of 9 R 53.00 D 0.00 T 53.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co dill P.#47 (b) Restricted Access. Declarant will have the right to temporarily restrict ingress and egress on the Private Driveway in order to prevent a prescriptive easement or public dedication from arising by continued public use of the same. (c) Nature of Easements. (1) Run With Land. Except as provided elsewhere herein to the contrary, each and all of the easements contained in this Declaration (A) are made for the direct, mutual and reciprocal benefit of Declarant,Owner and Permittees(B)constitute covenants running with the land; and (C) will bind every person or entity having any fee, leasehold or other interest in any portion of the Property at any time or from time to time to the extent that such portion is affected or bound by the easement or provision in question or to the extent that such easement or provision is to be performed on such portion. (2) Transfer of Title. The acceptance of any transfer or conveyance of title from any Owner of all or any part of its interest in any portion of the Property will be an assumption and agreement by the Owner to perform each and all of the obligations of the Declarant under this Declaration with respect to any such Property or portion thereof. Upon the recordation of the deed of transfer or conveyance, the transferring owner will not be liable for any obligations or liabilities arising under this Declaration subsequent to the recordation of the deed of transfer or conveyance, with respect to the portion of land or interest transferred. 3. MAINTENANCE. (a) Maintenance of Private Driveway. The Declarant, will be responsible to operate, maintain,repair and replace the Private Driveway in full compliance with Applicable Laws. Each Owner is responsible for its Common Expense Share. The foregoing obligation will include: (1) maintaining, repairing and replacing the Private Driveway; (2) plowing snow in a timely manner the Private Driveway; and (3) paying all taxes and assessments applicable to the Private Driveway. (b) Billing for Expenses (1) Commencing on the date of this Agreement, Declarant will assess each Owner for its Common Expense Share of the Common Expenses, and each Owner will pay to the Declarant, in the manner provided below for each calendar year(as estimated and prorated for the first such calendar year from the Effective Date), its Common Expense Share. Prior to or as soon as practicable after the beginning of each calendar year, Declarant will notify each Owner of Declarant's estimate of the amount of Common Expenses. Declarant will invoice each Owner for its Common Expense Share. Each Owner will pay Declarant all amounts due from within thirty(30) days of the date of receipt of the invoice. If an Owner fails to pay any sums due under this Agreement within the time provided for herein, then such unpaid charges, together with 3 2255261 12/06/2021 02:11:59 PM Page: 4 of 9 R 53.00 D 0.00 T 53.00 Gilbert Ort.2 Clerk/Recorder; P ehlo County. Co VIII kic10 l4' 11111rl .!I r ij' "l! I interest thereof at the rate of eighteen percent (18%), may be collected by Declarant. Declarant will recover from any delinquent Owner its reasonable attorney's fees and litigation costs incurred in any action to collect payment. Within ninety (90) days of the end of the fiscal year, Declarant will prepare and submit to each Owner the total actual Common Expenses incurred by Declarant for the fiscal year just expired along with a schedule showing each Owner's Common Expense Share for such year(to the extent not previously invoiced and paid). To the extent that the actual Common Expenses (or any unpaid expenses) attributed to each Owner exceed its projected allocation of Common Expenses for the previous year, such Owner shall reconcile the difference within thirty (30) days of receiving notice of such discrepancy. To the extent that the actual Common Expenses (or any unpaid expenses) attributed to each Owner fall short of the projected allocation of Common Expenses for the previous year, Declarant shall reimburse the Owner or Owners within thirty(30) days of providing notice of such discrepancy. 4. INSURANCE; INDEMNIFICATION; LIENS (a) Insurance. Each Owner will,at all times during the term of this Declaration, maintain (or cause to be maintained) in full force and effect commercial general liability insurance insuring against bodily injury, death and property damage of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) annual aggregate. Such insurance will specifically extend to the contractual obligation of the insured Owner arising out of the indemnification obligation set forth in this Section. Any policy obtained in connection with this obligation may have reasonable and customary deductibles comparable to deductibles maintained by prudent owners of similar properties located in the market area of the Property. (b) Self-Insurance. The liability insurance described in Section 5(a) may be carried under a policy or policies covering other liabilities, properties and locations of such Owner, or a subsidiary, affiliate or controlling corporation of such Owner ("Insuring Party"). In addition, such insurance may be carried under any plan of self-insurance from time to time maintained by the Insuring Party, on condition that the Insuring Party so self-insuring has and maintains adequate Net Worth (as defined below) for the risks self-insured against, and that any Insuring Party so self- insuring, shall furnish to any other Owner requesting the same,evidence of the existence of said Net Worth. For purposes hereof,"Net Worth"means reported net worth(calculated on a consistent basis and in accordance with good accounting principles (and generally accepted accounting principles shall meet the foregoing requirement) of not less than Fifty Million Dollars ($50,000,000). (c) Indemnity. Each Owner ("Indemnitor") covenants and agrees to indemnify,defend and hold harmless the other Owners("Indemnitees")from and against all claims, costs, expenses and liabilities (including reasonable attorneys' fees and cost of suit incurred in connection with all claims) including any action or proceedings brought hereon, arising from or as a result of the death caused to any person,or any accident, injury, loss or damage whatsoever caused to any person or entity,which occurs on any portion of the Property owned by an Indemnitor,except for claims caused by the negligence or willful act or omission of such Indemnitee, its licensees, concessionaires,agents,servants or employees,or the agents, servants,or employees of any licensee or concessionaire, wherever the same may occur. 4 2255261 12/06/2021 02:11 :59 PM Page: 5 of 9 P 53.00 D 0.00 T 53.00 Gilbert Ortiz Clerk/Recordr. Pjeblo County, Co Fu;IlY 10.1 Yri 146''Niiia k ill 4, 1!II (d) Waiver of Subrogation. Each Owner (the "Releasing Owner") hereby releases and waives,for itself and on behalf of its insurer(if legally possible),each other Owner(the "Released Owner") from any liability for any loss or damage to all property of such Releasing Owner located upon any portion of the Property, which loss or damage is of the type generally covered by a standard form policy of comprehensive all risk insurance in an amount equal to one hundred percent (100%) of the full replacement cost, irrespective of any negligence on the part of the Released Owner which may have contributed to or caused such loss, or of the amount of such insurance required or actually carried. Each Releasing Owner will use reasonable efforts to obtain appropriate endorsements to its policies of insurance with respect to the foregoing release; it being understood,however,that failure to obtain such endorsements will not affect the release hereinabove given. (e) Lien. Assessments, costs and expenses accruing or assessed against an Owner pursuant to the provisions of this Declaration will constitute a personal obligation of such Owner. If any such monetary obligation is not paid by an Owner when due, the same(together with interest at a rate equal to the lesser of 2%per annum over the prime rate of interest announced from time to time by Citibank, N.A. (or if such bank ceases to exist or to regularly announce a prime rate, by the largest bank headquartered in New York, New York which does then announce a prime rate); or the maximum rate allowed by Applicable Laws) will be a lien upon the applicable portion of the Property. The lien will attach and take effect upon recordation of a claim of lien in the office of the recorder of the County. 5. TERM. The terms, covenants, provisions and conditions of this Declaration will be effective automatically upon the recordation of this Declaration in the Office of the Clerk and Recorder of Pueblo County, Colorado. The covenants, conditions, limitations, restrictions, reservations, easements, liens, assessments, rights and privileges set forth in this Declaration will run with the Property,and shall inure to the benefit of,and be binding upon, every person hereafter having any fee, leasehold, mortgage or other interest in the Property or portion thereof. 6. RESTRICTIONS. (a) Non-Residential Use/Development Rights. The Property may only be used for nonresidential use. Declarant reserves no development rights. (b) No Amendment. This Agreement may not be amended or terminated without the written approval of the City of Pueblo, Colorado. (c) Condition Precedent to Transfer or Sale of the Property. With respect to any portion of the Property located to the east of the right-of-way and railroad track which crosses the Private Driveway at the location shown on the attached Exhibit A,any sale or transfer by Owner or its successors and assigns of such property or portion thereof will be subject to and conditioned upon an existing private road crossing agreement, or an assignment thereof, with Union Pacific Railroad Company, or the then current owner of the railroad track, approved by transferee and sufficient to grant transferee the right to cross said railroad track. Owner stipulates and acknowledges that the foregoing limitation is a condition of the approval of the Evraz Subdivision, 5 2255261 12/06/2021 02:11 :59 PM Page: 6 of 9 R 53.00 D 0.00 T 53.00 Gilbert Crtiz Clerk'Recarder. Puetilo County Co 11111 PrjI'++.k 'Nig I+11" CAM 10 II 111 shall run with the land and be binding upon said property and the heirs, personal representatives, successors and assigns of Owner and every person hereafter having any fee interest in such property or portion thereof. 7. MISCELLANEOUS. (a) Not A Public Dedication. Nothing herein contained will be deemed to be a gift or dedication of any portion of the Property or any portion thereof, to the general public or for the use of the general public. It being the intention and understanding of Declarant that this Declaration will be strictly limited to and for the purposes herein expressed. (b) Severability. Invalidation of any of the provisions contained in this Declaration, or of the application thereof to any person, by judgment or court order will in no way affect any of the other provisions herein or the application thereof to any other person or circumstance, and the same will remain in full force and effect, unless enforcement of this Declaration as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Declaration. (c) Notices. Any notice to any Owner will be in writing and given by delivering the same to such Owner in person or by sending the same by United States registered, certified or express mail, return receipt requested, with postage prepaid, or by "Federal Express" or similar overnight delivery, to the then current mailing address of the Owner given for the mailing of tax statements in the Office of the County tax assessor. All notices under this Declaration will be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. (d) Construction. The provisions of this Declaration will be construed as a whole according to their common meaning and not strictly for or against Declarant due to Declarant being the party drafting and recording this Declaration. (e) Captions. The captions preceding the text of each Article, Section and Subsection hereof are included only for convenience of reference and will be disregarded in the construction and interpretation of this Declaration. (f) Time. Time is of the essence of this Declaration and each and every provision hereof. (g) Applicable Law. This Declaration will be governed by, construed under and interpreted and enforced in accordance with the laws of the State of Colorado. [remainder of page intentionally blank' 6 2255261 12/06/2021 02:11 :59 PM Pagge: 7 of 9 R 53.00 D 0.00 T 53.00 Ciibert Ortiz Cierk/Recorder, Pueblo County. Co 1222 iI II I Dated as of the 3rd day of June, 2020. Declarant: CF&I STEEL, L.P., a Delaware limited partnership By: NEW CF & I, Inc., a Delaware corporation, its general partner Alexander Vasiliev Sr. Vice President& Chief Financial Officer COUNTY OF COOK ) ) ss STATE OF ILLINOIS ) On June 3, 2020, before me, Anita Spencer Notary Public, personally appeared Alexander Vasiliev, Senior Vice President and Chief Financial Officer of New CF & I, Inc., a Delaware corporation, the general partner of CF & I Steel, L.P., a Delaware limited partnership, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose names is subscribed to the within instrument and acknowledged to me that(s)he executed the same in his authorized capacity, and that by his signature on the instrument the entity upon behalf of which (s)he acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC My Commission Expires: June 12, 2023 ANITA t JAGUDEN SPENCER OfNciat Seal Notary Pub#Ic - State of Illinois My Commission Expires Jun 12, 2023 2255261 12/0.6/2021 02:11 .59 PM Pages: 8 of 9 R 53.00 De 0.00 11 53.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1111 Eller Nii171 Nil el I':I J il l 1' ti'1 t t F r i .'i 11111 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY A parcel of land located in a portion of the East one-half (1/2) of Sections 12, and 13, Township 21 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado, being more particularly described as follows. Considering the South line of Block 39 in Lake Minnequa Addition as filed for record in the Pueblo County records to bear N. 88°54'21" E. and all bearings contained herein being relative thereto. Commencing at the Southeast corner of said Block 39; thence N. 39°52'08" W., a distance of 705.33 feet to a point on the East right-of-way line of Interstate 25 as presently located and Point of Beginning, thence northerly along a non-tangent curve to the right whose center bears S. 71°38'40" E and having a radius of 4807.06 feet, a distance of 70.18'; thence N. 88°54'21" E., along the southerly line of Block 25 in Lake Minnequa Addition, a distance of 92.72 feet; thence S. 73°04'38" E., a distance of 247.80 feet; thence S. 90°00'00" E., a distance of 214.75 feet to a point on the west line of Evraz Subdivision; thence N. 01°04'44"W., along said west line, a distance of 448.69 feet; thence, N25°00'00" E., a distance of 296.25 feet to a point on the north line of Evraz Subdivision; thence N. 88°54'21" E., along said north line, a distance of 66.81 feet; thence S. 25°00'00" W., a distance of 227.22 feet; thence S. 00°00'00" W., a distance of 578.45 feet; thence N. 90°00'00" W., a distance of 312.09 feet; thence N. 73°04'38" W., a distance of 247.16 feet; thence S. 88°54'21" W., a distance of 106.11 feet to the Point of Beginning. Containing 2.37 acres, more or less 8 C' l© =?DT ' l ' r I r—— 1-— h,Qj+' I ::, I l `311T11r // I 1 I + I 1 1 / 1 I I if/ S1 I EORer' r _1_ y7 Y! r.2: I / f., . r — .ti f r 1 1 '.I • 1..... ._ I`: 1 I I {` 'I• 1 .11 I'I I ; l!'!f 1 1 ' I 1 • . ; , %V\V ' to Vi" , %;-• ... ► ;4 I , 1 r • h 0.4 r s n: 1, .:,1. Pr. "•-'1, . ,.f.•$7.1vi 0 ie I s y LS S73t4 T r $ ts 4q c cto 4416 ` yY. 4I 4' N-wo oil ts1 ZI it r ' + I 9t, ti w% 004 ft' / ..C , 1 _ 44 .f , PI r ^ =J 4 1 it )0 F '•• r 4 jyy`.! • • ; 1 ,r ‘ 1 • 1 I • 1 ` I ti 110,041_1.I_ fi- ` , :: I `• __ /s& OFlae A 'tw 1 ,5 __14\,,,q I I ,y 1 A AIf-' ii..—, I___ rd :r4, D rI_Rae I 1 I I 1 11 i 1 I I. ( I 11 I 11.04 PONT OF P.O.C, POW OF CONNE1T0EJEF 1 RAMS OF REARM, m tiEOPJlt maimit >. = 200' I TO OM k ee14'21- E. A = 0 100' 200' 400• MIL D LII'S MOT 1WNOT PREPARED AS AENIED ,R4 L... i.r..r11 I PEEMgREO TO LAND O 114 WILLY/O NEW LA PO 1V40 OPT !miasiE10E sameassA JDm son■taat Paz OE9AFT N' .AJ 1B 028 CO 5I ET 2 OF 2 2255261 12/06/2021 02:11 59 P11 Paoe: 9 of 9 R 53.00 D 0.00 T 53.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co VIII FAI hiisilirti 110.10)%141101,1111.rellrAl li iriiii), 11111 9 Reception 2255262 12/06/2021 02: 1 1:59 PM Private Road Crossing(New-Commercial) Form Approved,AVP-Law 07/15/2013 Audit: Folder: 3089-15 PRIVATE ROAD CROSSING AGREEMENT Mile Post 121.4,Walsenburg Subdivision At or Near Pueblo,Pueblo County,Colorado THIS AGREEMENT ("Agreement") is made and entered into this day of , 20 2-0 (the "Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at 1400 Douglas Street STOP 1690, Omaha, Nebraska 68179-1690 ("Licensor"), and EVRAZ NORTH AMERICA, a t7;14.amu, (- corporation, corporation,whose address is 2100 S.Fwy Rd.,Pueblo,CO 81004("Licensee"), RECITALS: The Licensee desires the reconstruction, maintenance and use of a commercial private road crossing ("Road Crossing") that is to be fifty six feet (56') wide and consist of a concrete type surface material and all appurtenances thereto, including but not limited to and if applicable, any gates, cattle guards,stop signs or identification signs and drainage facilities,on and across the Licensor's right-of-way on Licensor's Walsenburg Subdivision or Branch at Licensor Milepost 121.4, DOT No. 253467Y, at or near Pueblo,Pueblo County,Colorado,in the location shown on Licensor's location print marked Exhibit A,attached hereto and hereby made a part hereof. The Licensor is willing to grant the Licensee the right to cross its right-of-way and tracks at the location shown on Exhibit A subject to the terms set forth below. NOW,THEREFORE,the parties agree as follows: Article 1. LICENSOR GRANTS RIGHT. For and in consideration of Ten Thousand Dollars ($10,000) to be paid by the Licensee to the Licensor upon the execution of this Agreement,and in further consideration of the Licensee's agreement to perform and abide by the terms of this Agreement, the Licensor grants the Licensee the right to cross its right-of-way and tracks at the location shown on Exhibit A subject to the terms set forth herein and in Exhibit B and Exhibit C,attached hereto and hereby made a part hereof,together with the right of entry to control and remove from the Licensor's right-of-way, on each side of the Road Crossing, weeds and vegetation which may obstruct the view of motorists approaching the crossing area to any trains that may also be approaching the crossing area. Article Z. I//.ANS A. The Licensee,at its expense,shall prepare,or cause to he prepared by others,the detailed plans and specifications for the Road Crossing and submit such plans and specifications to the Licensor's Assistant Vice President Engineering-Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all layout specifications, cross sections and elevations,associated drainage and other appurtenances associated with the Road Crossing, 1 2255262 12/06/2021 02:11:59 PM Page 2 of 31 R 163.00 D 0.00 T 163.00 Gilbert Ortiz Clerk/Recorder, Pueblo County., Co VIII PaR' &A'1147`1 0:k; 'lid 1I III B. The final one hundred percent (100%) completed plans that are approved in writing by the Licensor's Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the"Plans". The Plans are hereby made a part of this Agreement by reference. C. No changes in the Plans shall be made unless the Licensor has consented to such changes in writing. D. The Licensor's review and approval of the Plans will in no way relieve the Licensee or its Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Licensor makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Licensee or its Contractor on the Plans is at the risk of the Licensee and its Contractor. Article 3. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO LICENSEE; PAYMENT BY LICENSEE. A. The work to be performed by the Licensor, at the Licensee's sole cost and expense, is described in the Licensor's Material and Force Account Estimate dated June 3,2020 marked Exhibit D, attached hereto and hereby made a part hereof(the "Estimate"). As noted in the Estimate,the Licensor's estimated cost for the Licensor's work associated with the Road Crossing is One Hundred Sixty Two Thousand Two Hundred Forty Nine Dollars ($162,249). The Licensor's portion of the Road Crossing construction will be limited to the portion of the Road Crossing located between the track tie ends and, if applicable,the installation of the railroad crossing signals. B. The Licensor, if it so elects, may recalculate and update the Estimate submitted to the Licensee in the event the Licensee does not commence Roadway construction within six(6)months from the date of the Estimate. C. The Estimate may or may not include an estimate of flagging or other protective service costs that are to be paid by the Licensee in connection with flagging or other protective services provided by the Licensor. All of such costs incurred by the Licensor are to be paid by the Licensee within thirty (30)days of receipt of billing. D. The Licensee agrees to reimburse the Licensor within thirty (30) days of its receipt of billing for one hundred percent(100%)of all actual costs incurred by the Licensor in connection with the Road Crossing including,but not limited to,actual costs of preliminary engineering review(including any preliminary engineering review performed by Licensor prior to the execution of this Agreement), construction, inspection,procurement of materials, equipment rental, manpower and deliveries to the job site and all of the Licensor's normal and customary additives (which shall include direct and indirect overhead costs)associated therewith. Article 4. WORK TO BE PERFORMED BY LICENSEE. The Licensee, at its sole cost and expense, shall construct the approaches for the Road Crossing and all other appurtenances and work associated therewith that will not be provided or performed by Licensor, Article 5. DEFINITION OF CONTRACTOR For purposes of this Agreement, the term "Contractor" shall mean the contractor or contractors hired by the Licensee to perform any work on any portion of the Railroad's property and shall also include 2 2255262 12/06/2021 02:11:59 PM Page: 3 of 31 R 163.00 D 0.00 1 163.00 Gilbert Ortiz Clerk/Recorder; Pueblo County. Co 11111 the Contractor's subcontractors and the Contractor's and subcontractor's respective employees, officers and agents, and others acting under its or their authority. Article 6. IF WORK IS TO BE PERFORMED BY CONTRACTOR. A. If a Contractor is to do any of the work associated with the Road Crossing (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its Contractor to execute the Licensor's Contractor's Right of Entry Agreement. Licensor's current form of Contractor's Right of Entry Agreement is marked Exhibit E, attached hereto and hereby made a part hereof. Licensee acknowledges that it 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 and obtaining the insurance set forth therein and also providing to the Licensor the insurance policies, binders, certificates and/or endorsements described therein. B. All insurance correspondence,binders,policies,certificates and/or endorsements shall be sent to: Manager-Contracts Union Pacific Railroad Company Real Estate Department 1400 Douglas Street,Mail Stop 1690 Omaha,NE 68179 UP File Folder No.3089-15 Article 7. NOTICE OF COMMENCEMENT OF WORK-FLAGGING. A. The Licensee or its Contractor agrees to notify the Licensor's Manager of Track Maintenance described in Article 8D below at least ten(10)working days in advance of commencing its work and at least thirty(30)working days in advance of proposed performance of any work in which any person or equipment will be within twenty-five(25)feet of any track,or will be near enough to any track that any equipment extension(such as, but not limited to, a crane boom)will reach to within twenty-five (25)feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s),material(s), vehicle(s), or thing(s)shall be located,operated, placed,or stored within twenty-five (25)feet of any of the Licensor's track(s)at any time,for any reason,unless and until a Licensor flagman is provided to watch for trains. Upon receipt of such thirty(30)-day notice, the Licensor's representative will determine and inform the Licensee or its Contractor whether a flagman need be present and whether the Licensee or its Contractor needs to implement any special protective or safety measures. If the Licensor performs any flagging, or other special protective or safety measures are performed by the Licensor,the Licensee or its Contractor agrees that they are not relieved of any of its responsibilities or liabilities set forth in this Agreement. B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime,Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or 3 2255262 12/06/2021 02:11 :59 PM Page: 4 of 31 R 163.00 D 0.00 T 163.00 Gilbert Or'tz Clerk%Recorder, Pueblo County, Co ill by agreement between the Licensor and its employees,and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed,Licensee or its Contractor(or the governmental entity, as applicable)shall pay on the basis of the new rates and charges. C. Reimbursement to the Licensor will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Licensor work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Licensor work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which the Licensor is required to pay the flagman and which could not reasonably be avoided by the Licensor by assignment of such flagman to other work,even though Licensee or its Contractor may not be working during such time. When it becomes necessary for the Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, the Licensee or its Contractor must provide the Licensor a minimum of five(5)days' notice prior to the cessation of the need for a flagman. If five(5)days' notice of cessation is not given,the Licensee or its contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days' notice must then be given to the Licensor if flagging services are needed again after such five day cessation notice has been given to the Licensor. D. Arrangements for flagging are to be made with the Licensor's Manager of Track Maintenance. His name and phone number are as shown: MTM Name: Mike Aragon MTM Phone: 7 19-549-6266 Article 8. TERM. This Agreement shall be effective as of the Effective Date herein written, and shall continue in full force and effect until terminated as provided in Exhibit B. Article 9. INSURANCE. A. Before commencing of use of Railroad Crossing or entry on any portion of the Licensor's property, the Licensee shall obtain the insurance coverage described in Exhibit C, attached hereto and hereby made a part hereof and to provide to the Licensor, the insurance policies,certificates,binders and endorsements described therein. B. All insurance correspondence shall be directed to: Manager-Contracts Union Pacific Railroad Company Real Estate Department 1400 Douglas Street,Mail Stop 1690 Omaha,NE 68179 UP File Folder No.3089-15 4 2255262 12/06/2021 02'11:59 PM Page. 5 of 31 R 163.00 D 0.00 T 16300 Gllbe-'. O-liz Clerk/Reccrder. Pueblo Cc.,nly. Co ■ill Mrtr'X''1 REM fr.Httfi! I if 'i Ili 11111 Article 10. WARNING DEVICES. If railroad warning signals are not installed as set forth in this Agreement,the provisions of this Article 11 shall apply to this Agreement. If at any time the governing body having jurisdiction over the Road Crossing or Licensor determines that active warning devices are required for any reason, all cost associated with said installation, design and maintenance shall be at the sole expense of the Licensee. The Licensee shall be responsible to pay, at Licensee's sole expense,all costs associated with necessary improvements and maintenance costs incurred by Licensor, for the entire crossing surface if Licensor determines that the crossing surface is in need of replacement or improvements. Article 11. GATES, If applicable, any gates required by Licensor shall be installed by Licensee, at Licensee's expense,on both sides of the Road Crossing and off of Licensor's property. The gates shall be locked at all times except during such time as needed for Licensee's use. The Licensee, at its expense, shall also install fencing and no trespassing signs to the satisfaction of Licensor,and Licensee,at its expense,shall maintain,repair and renew such gates,fencing and signs. Article 12. SPECIAL PROVISIONS. None. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the Effective Date first herein written. UNION PACIFIC RAILROAD COMPANY By: } - Print Name:: / Daniel C. Peters Manager- Real Estate Title: pany EVRAZ NORTH AMERICA By: Print Name: 6 e,h L A z 2- Title: &ay%. V e ct P - R.Ato 5 2255262 12/06/2021 02:11 :59 PI" Page: 6 of 31 R 163.00 D 0.00 T 163.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co 1111 EXHIBIT A TO PRIVATE ROAD CROSSING AGREEMENT Cover Sheet for the Licensors Print showing the Road Crossing. 2255252 12/06/2021 02:11.59 PM Page: ;r of 31 R 163.00 D 0.00 T 16 .00co Gilbert Ortiz Cierk/Reco•der, Pueblo County, VIII iridr,i ,F�So QrR I(�hl�� "�+I�',� (�,�h'�■��kll ili l i��11 III !I EXHIBIT "A" �q;� RAILROAD LOCATION PRINT ACCOMPANYING A PRIVATE ROAD CROSSING AGREEMENT/ I CONTRACTOR'S RIGHT OF ENTRY AGREEMENT i a Tx p r# i ° - ..„..t..,,,,— r at Ufa • s ,,_ .)K vxx v, 1 / dJ� t ''''i� I q tx ' :":"0'.141:"'T "{i { '�'5�, •$;x;' tr,11 +: j$ ' ': r e n..:.. tIr e a a9 "�#, t3. Ta#f 5 '{r 'T`li a F a° '` `` .•.,,..,:i. ; 4" �_ air m + t9'9.'9 r `.1 mowLytr' ''f 449 a s c* .;E 2.-,-.:'-!1,,,,, 5. do- ,,,„, Ill It. y ptx .,..,..:4,-..,.f,';- ,.y''w 1 fI tYrr 4, '9 n i r�k ,etl • -.,...r.,,..,- if t cei, � � ,�+4! � '�: �` �. � ..;.E.. � .ep J #� y 4 ' � 3 � � �v�5"' ��'+AA ��I �� 4 Sb^ xuf k � 2 ''''f t:7,,, { m��. • . "# o 4` . 6 .,,,,f;;',;',-,',,:!;";,;•".t,; 4.;;; ',.,,.'00.-41.'-;,f•.:; e , :" s .r _''',---',:;4, -,•• •,,-. � � z •oma ; - r � .40 -�# '{ 5 ma' �.p' p s., i . a° e ?. jy► y r$ `;q x+ Y rn„ I n '' i t S {L r r x r t 6.�, " �d� t n. r ;T I : �, ,'' ,r ""SM a r 4'.:::.,:-::::.,:,„:•! .. I t,�, ' °f I ,„.9,4, y* 4 : � 4',..:. , tai) . 1. ,ilk ` ) _*"` r �„ t9dda Yx+'' ` Cis < �, ?' e i3 ` 4 Titer �a ;{�.. � l'''' > e �+, r �• to � g' • . . 4 , a g� ". •;;','i.-.' r,'' *�. ::,.":"'",,1>;'".,',',-:'!•,°!','''" yR,, Tom kap - '. w• )u n aT, g. t.: r _ °yq l fi afi .k,.:•'''''!".•. /.;7:,...24i.-.:.- Y, • �` - ;I¢ 4 >� r S< 4 i '� ♦ at , ' i t r • -.0:-,%•---J,•,.--4.114-,,,,,,•:.; *, �" y, , �, tm ., sT .fit 'x,# >t a''.:-',.• •44'.':4=','.4'k UNION PACIFIC RAILROAD COMPANY WALSENBURG SUB RAILROAD MILE POST 121.4 PUEBLO,PUEBLO COUNTY,COLORADO To accompany an agreement with the 1. EVRAZ NORTH AMERICA and/or CONTRACTORS UPRR Folder No. 3089 I S Date:April 23,2018 WARNING IN AI,I.OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST aE CONTACTED IN ADVANCE OF ANY WORK'1'O DETERMINE EXISTENCE AND LOCATION OP Fl OPTIC CHOLE. PHONE:I-(800)336-9193 Exhibit A Railroad Location Print 2255262 12/06/2021 02:11 :59 PM Page: 8 of 31 R 163.00 0 0.00 T 163,00 •i Glllbert U-tiiz Clerk/Recorder, ``Pueblr. Court,, Cr VLL Pi!drrPdlt��I � YT1� i��r �rr i ��rR�II �i ,I HI EXHIBIT B TO PRIVATE ROAD CROSSING AGREEMENT SECTION 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. (a) The rights granted to the Licensee are subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire railroad right of way, and are also subject to the right and power of the Licensor to construct,maintain,repair, renew,use,operate,change, modify or relocate railroad tracks, signal, communication, fiber optics or other wire lines, pipelines and other facilities upon,along or across any or all parts of said right of way,any of which may be freely done at any time by the Licensor without liability to the Licensee or to any other party for compensation or damages. (b) The Licensee's rights are also subject to all outstanding superior rights (including those in favor of licensees, lessees of said right of way, and others) and the right of the Licensor to renew and extend the same,and are granted without covenant of title or quiet enjoyment. (c) It is expressly stipulated that the Road Crossing is to be a strictly private one and is not intended for public use. The Licensee, without expense to the Licensor, will take any and all necessary action to preserve the private character of the Road Crossing and prevent its use as a public road. SECTION 2. MAINTENANCE AND USE. (a) The Licensor, at the sole expense of the Licensee, shall maintain the portion of the Road Crossing lying between the rails of the tracks and for one (1) foot on the outside of each rail; provided, however,that such maintenance work shall be limited to that required for the safe and efficient operation of its tracks,and such other maintenance as the Licensor has agreed to perform on specific request of the Licensee. The Licensee,at its own expense, shall maintain the remaining portion of the Road Crossing and shall keep the rail flangeways clear of obstructions. (b) The Licensee shall, at its sole expense, maintain, repair, renew and replace any gates, cattle guards, drainage facilities, traffic signs or devices, identification signs approved by the Licensor or other appurtenances shown on Exhibit A. The Licensee shall, at its own expense, install and thereafter maintain any such appurtenances that may subsequently be required by the Licensor, by law, or by any public authority having jurisdiction. The Licensee shall control vegetation along the right of way on each side of the crossing so that the Licensee's line of sight to approaching trains is not impaired or obstructed by vegetation. All work performed by the Licensee on the right of way shall be done to the satisfaction of the Licensor. (c) The Licensee shall require all vehicles approaching the crossing to stop a safe distance from the tracks before crossing the tracks. The Licensee shall keep any gate affording access to the Road Crossing closed and locked at all times except during the time of actual passage through it onto or from the Road Crossing. The Licensee shall not do, suffer or permit anything which will or may obstruct, endanger or interfere with,hinder or delay the maintenance and operation of the Licensor's railroad tracks or appurtenant facilities or the facilities or equipment of others lawfully using the Licensor's property. The Licensee shall adequately supervise and police use of said Road Crossing so that no person,vehicle 1 2255252 12/06/2021 02:11 :59 PM Page: 9 of 31 R 163.00 D 0.00 T 163.00 Gilber, Ortiz Clerk/Pecorder, Pueblo County. Co WI Mr,/ !HI ler".11,1,111,11All kimni or livestock stops or stands on the Licensor's tracks or attempts to cross the Licensor's railroad tracks when a railroad train,engine,equipment,or car is approaching or occupying the Road Crossing. SECTION 3. MODIFICATION OR RELOCATION OF ROAD CROSSING. Whenever the Licensor deems it necessary or desirable in the furtherance of its railroad operating requirements or for the improvement and use of its property to modify or relocate the Road Crossing: (1) the Licensor shall, at the sole expense of the Licensee, modify or move the portion of the Road Crossing tying between the rails of the tracks and for one(1)foot on the outside of each rail;and (2) the Licensee shall,at the Licensee's sole expense,modify or move the remaining portion of the Road Crossing and the appurtenances thereto. All the terms of this agreement shall govern the continued maintenance and use of the Road Crossing as modified or relocated pursuant to this section. SECTION 4. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. (a) Fiber optic cable systems may be buried on the Licensor's property. Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour number)to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Licensor's premises. (b) In addition to the liability terms elsewhere in this Agreement, the Licensee shall indemnify and hold the Licensor harmless against and from all cost, liability, and expense whatsoever (including, without limitation,attorneys' fees and court costs and expenses)arising out of or in any way contributed to by any act or omission of the Licensee, its contractor, agents and/or employees,that causes or in any way or degree contributes to(I)any damage to or destruction of any telecommunications system by the Licensee, and/or its contractor, agents and/or employees, on Licensor's property, (2) any injury to or death of any person employed by or on behalf of any telecommunications company,and/or its contractor, agents and/or employees,on Licensor's property, and/or(3)any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of, such telecommunication company(ies). SECTION 5. INDEMNITY. The Licensee assumes the risk of and shall indemnify and hold harmless the Licensor and other railroad companies which use the property of the Licensor, their officers, agents and employees, against and from any and all loss,damages, claims, demands, actions,causes of action,costs, attorneys' fees,fines,penalties and expenses of whatsoever nature(hereinafter"Loss") which may result from: (I) injury to or death of persons whomsoever,(including officers,agents and employees of the Licensor and of the Licensee, as well as other persons); (2) loss of or damage to property whatsoever (including damage to property of or in the custody of the Licensee and damage to the roadbed,tracks,equipment or other property of or in the custody of the Licensor and such other railroad companies, as well as other 2 2255262 12/06/2021 02:11:59 PM Page: 10 of 31 R 163.00 D 0.00 T 163 00 Gilbert U,t12 Clerk'Recorder, Pueblo County, Co 11111 kirlrflli%N �1111 N A:M011i kit EV h'ii/1411t IPA ,1111 property); or (3) the Licensee's failure to comply with any federal, state or local law, regulation, or enactment;when such Loss is due to or arises in connection with or as a result of': (a) the construction of the Road Crossing; (b) any work done by the Licensee on or in connection with the Road Crossing; (c) the use of said Road Crossing by the Licensee, or the officers, agents,employees,patrons or invitees of the Licensee,or by any other person; (d) the use of said Road Crossing by the Licensee's successors or assigns or the officers,agents, employees, patrons or invitees of the Licensee's successors or assigns until the Licensee either complies with the provisions of Section 8 or terminates the agreement as provided in Section 6;or (e) the breach of any covenant or obligation assumed by or imposed on the Licensee pursuant to this agreement, or the failure of the Licensee to promptly and fully do any act or work for which the Licensee is responsible pursuant to this agreement; regardless of whether such Loss is caused solely or contributed to in part by the negligence of the Licensor,its officers,agents or employees. SECTION 6. TERMINATION ON BREACH OR ON NOTICE. (a) It is agreed that the breach of any covenant, stipulation or condition herein contained to be kept and performed by the Licensee shall, at the option of the Licensor, forthwith work a termination of this agreement and all rights of the Licensee hereunder. A waiver by the Licensor of a breach by the Licensee of any covenant or condition of this agreement shall not impair the right of the Licensor to avail itself of any subsequent breach thereof. (b) This agreement may be terminated by either party on thirty(30) days' written notice to the other party, SECTION 7. REMOVAL OF ROAD CROSSING. (a) Upon termination of this agreement howsoever,the Licensor shall,at the sole expense of the Licensee,remove said Road Crossing and restore the premises of the Licensor to a condition comparable to that existing immediately prior to the construction of said Road Crossing. (b) In the event of the removal of the Road Crossing as in this section provided, the Licensor shall not be liable to the Licensee for any damage sustained by the Licensee for or on account of such removal, and such removal shall not prejudice or impair any right of action for damage, or otherwise, which the Licensor may have against the Licensee. SECTION 8. ASSIGNMENT. The Licensee shall not assign this agreement, or any interest therein to any purchaser, lessee or other holder of the property served by the crossing or to any other person, without the written consent of the Licensor. If the Licensee fails to secure the Licenser's consent to any assignment, the Licensee will continue to be responsible for obligations and liabilities assumed herein. 3 2255262 12/06/2021 02:11:59 PM Page. 11 of 31 R 163.00 D 0.00 T 163.00 Gilbert Crta: Clr'c/Recorder, Pueblo County Co 11111��f r� �; , ��,Lti ;M�i Irk' :'*MIA 11111 SECTION 9. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 8 hereof, this agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and assigns. 4 2255262 12/06/2021 02:11 :59 PM Page' 12 of 31 R 163.00 I. 0.00 T 163.00 Gilbert Orti? Clerkk/RRecordeer, INN'1/4 Co��L ` Private Road Crossing(New-Commercial) III!EirATI P iiH1i Wr1YTir1 I'�1 I��f 'I��'�ii�'1�YAY1��iY� II II Form Approved,AVP-Law 07/15/2013 EXHIBIT C TO PRIVATE ROAD CROSSING AGREEMENT Union Pacific Railroad Contract Insurance Requirements Public/Commercial/Industrial/Licensee's Grade Crossing and/or Encroachment Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement(except as otherwise provided in this Agreement)the following insurance coverage: A, Commercial General Liability Insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04(or a substitute form providing equivalent coverage). The policy must also contain the following endorsement,which must be stated on the certificate of insurance: Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage)showing"Union Pacific Railroad Company Property"as the Designated Job Site. B. Business Automobile Coyerage Insurance. Business auto coverage written on ISO form CA 00 01 (or a substitute form providing equivalent liability coverage)with a combined single limit of not less$5,000,000 for each accident. The policy must contain the following endorsements, which must be stated on the certificate of insurance: Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage)showing"Union Pacific Property" as the Designated Job Site. C. Umbrella or Excess Insurance. If Licensee utilizes umbrella or excess policies, these policies must"follow form"and afford no less coverage than the primary policy. D. Railroad Protective Liability Insurance. If Licensee is permitted to construct or maintain the crossing(s)Licensee shall procure and maintain during the construction and maintenance period(s) Railroad Protective Liability insurance written on ISO occurrence form CO 00 35 12 04(or a substitute form providing equivalent coverage)with Licensor as the only named insured,with a limit of not less than$2,000,000 per occurrence and an aggregate of$6,000,000. The definition of"JOB LOCATION" and"WORK"on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this agreement. A binder of insurance stating the policy is in place must be submitted to the Licensor before work may commence and until the original policy is forwarded to Union Pacific Railroad. Other Requirements E. All policy(ies)required above(except worker's compensation and employers liability and Railroad Protective Liability) must include Licensor as "Additional Insured" using ISO Additional 1 2255262 12/06/2021 02:11:59 PM Page: 13 of 31 R 163.00 D 0.00 T 163.00 Gilbert Ortiz Cierk(Recorder, Pueblo Court,, Co 1111 k!1r Ir'4I644I1wilL«1ilu',1 1,' 1444 9.El.IV 11411 II Insured Endorsements CG 20 26,and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Licensor as additional insured shall,to the extent provided under ISO Additional Insured Endorsement CG 20 26 and CA 20 48 provide coverage for Licensor's negligence whether sole or partial,active or passive,and shall not be limited by Licensee's liability under the indemnity provisions of this Agreement. F. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by the state in which the grade crossing is located. G. Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against the Licensor and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance. H. Prior to entering upon the Licensor's property, Licensee shall furnish Licensor with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. I. All insurance policies must be written by a reputable insurance company acceptable to the Licensor or with a current Best's Insurance Guide Rating of A-and Class VII or better, and authorized to do business in the state in which the grade crossing is located. J. The fact that insurance is obtained by Licensee,or by Licensor on behalf of Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor from Licensee or any third party will not be limited by the amount of the required insurance coverage. 2 { 2255262 12/06/2021 02:11 :59 P11 Page: 14 of 31 R 163.00 D 0.00 T 163.00 Gilbert Ortiz 0.erki Reoorder, Pueblo Ccjnt.v, Cc VIII Pliciairlki1411111011fikril F'�ti:��' �tfi 6'�L�Jti�� rYl�r�, �I III EXHIBIT D TO PRIVATE ROAD CROSSING AGREEMENT Cover Sheet for the Licensor's Material and Force Account Estimate. 2255262 12/06/2021 02:11:59 PM Page: 15 of 31 R 163.00 0 0.00 T 163.00 Gilbert Ortiz Clerk/Recorder. Pueblo County. Co 1111PrAtr��r�i h ��H�'i� rF�i'�N.� tl+�� II II DATE: 2020-06-03 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD THIS E:TIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2020-12-02 DESCRIPTION OF WORK: PUEBLO, CO /CF I MILL ST/ DOTB253467Y-1 WALSENBURG SUB/MP: 121.40 REPLACE EXISTING CROSSING SURFACES, INSTALL NEW CROSSING SURFACES ON MT16MT2 AND SIDING TRK INCLUDING TIES RAIL AND OTM PROJECT WAS BUILT USING STANDARD RECOLLECT LABOR ADDITIVE UPRR WILL BE REIMBURSED FOR 1001 OF COST TO REPLACE THE CROSSING SURFACE PID: 106278 AWO: MP,SUBDIV: 121.40, WALGENBURG SERVICE UNIT: 17 CITY: MINNEQUA STATE: CO DESCRIPTION QTY UNIT LABOR MATERIAL RECOIL UPRR TOTAL ENGINEERING WORK ENGINEERING 2737 2737 2737 LABOR ADDITIVE 311k 8545 8545 8545 TRACK 10 10 10 TOTAL ENGINEERING 11292 11292 11292 SIGNAL WORK LABOR ADDITIVE 3116 1673 1673 1673 SIGNAL 640 5 645 645 TOTAL SIGNAL 2313 5 2310 2318 TRACK 6 SURFACE WORK BALAST 2.00 CL 370 1966 233G 2336 BILL PREP FEE 900 900 900 CONTRACT COSTS 23000 23000 23000 FIELD WELD 615 615 615 FOREIGN LINE FREIGHT 1505 1505 1505 HOMELINE FREIGHT 900 900 900 LABOR ADDITIVE 3111 29456 29456 29456 MATL STORE EXPENSE 951 951 951 MOBILIZATION 10 10 10 OTM 4018 18089 22107 22107 RAIL 472.00 LF 2153 7386 9539 9539 RDBED/RDWAY- 10 10 10 RDXING 168.00 TF 772 28303 29075 29075 SALES TAX 3006 3006 3006 TRK-SURF,LIN 1809 1809 1809 WELD 1098 2268 3366 3366 XTIE 138,00 EA 2788 17266 20054 20054 TOTAL TRACK a SURFACE 43099 105540 148639 148639 LABOR/MATERIAL EXPENSE 56704 105545 RECOLLECTIRLE/UPRR EXPENSE 162249 0 ESTIMATED PROJECT COST 162249 THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. 2255262 12/06/2021 02:11:59 PM Page. 16 of 31 R 163.00 D 0.00 T 163.00 Gilbert Ortiz Clerk/Recorder. Pueblo County Cc 111 EXHIBIT E TO PRIVATE ROAD CROSSING AGREEMENT CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the day of ,20 ,by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and , a corporation ("Contractor"). RECITALS: Contractor has been hired by to perform work relating to (the "work"), with all or a portion of such work to be performed on property of Railroad in the vicinity of Railroad's Milepost on Railroad's [Subdivision] [Branch] [at or near DOT No. ]located at or near , in County, State of ,as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, which work is the subject of a contract dated between Railroad and • Railroad is willing to permit Contractor to perform the work described above at the location described above subject to the terms and conditions contained in this Agreement AGREEMENT: NOW,THEREFORE,it is mutually agreed by and between Railroad and Contractor,as follows: ARTICLE I - DEFINITION OF CONTRACTOR For purposes of this Agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. ARTICLE 2- 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 the 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 4. 2255262 12/06/2021 02:11 :59 PM Page: 17 of 31 R 163.00 D 0.00 T 163.00 Gilbert Ortiz C'erkfRecorder, Pueblo Courts Co VIII I4 ritr7,141,I101,1,ItINA LAI kill s f'r l',14 Li, 1I II1 ARTICLE 3-TERMS AND CONDITIONS CONTAINED IN EXHIBITS B,C AND D. The terms and conditions contained in Exhibit B, Exhibit C and Exhibit D, attached hereto, are hereby made a part of this Agreement. ARTICLE 4- ALL EXPENSE$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"): 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 riot 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 S- SCHEDULE OF WORK ON A MONTHLY BASIS. The Contractor,at its expense,shall provide on a monthly basis a detailed schedule of work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this Agreement and continue until this Agreement is terminated as provided in this Agreement or until the Contractor has completed all work on Railroad's property. ARTICLE 6- TERM;TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this Agreement, and continue until , 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 7- CERTIFICATE OF INSURANCE. A. Before commencing any work, Contractor will provide Railroad with the (i) insurance binders, policies, certificates and endorsements set forth in Exhibit C of this Agreement, and (ii) the 2255262 12/06/2021 02:11:59 PM Page: 18 of 31 R 163.00 0 0.00 T 163.00 Gilbert Ortiz ClerkiRecorde-, Pueblo County: Co Ili fPAI V.l:l6RI` Il "III insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit B of this Agreement. B. All insurance correspondence, binders, policies, certificates and endorsements shall be sent to: Union Pacific Railroad Company [Insert mailing address] Attn: Folder No. ARTICLE 8- 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 9- ADMINISTRATIVE FEE. Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad Dollars ($ ) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this Agreement. ARTICLE 10-CROSSINGS;COMPLIANCE WITH MUTCD AND FRA GUIDELINES. A. 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. B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD)and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor's modifications,negligence,or any other reason arising from the Contractor's presence on the Railroad's property,the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance. ARTICLE 11:EXPLOSIVES. Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad. 2255262 12/06/2021 02:11 :59 PM Page: 19 00 T 163. Gilbert Ortiofz C31leveR/Recorde16300 Dr pueb. lo0 Cojnty. C00o X111 RIC/NI NAI /6:114 tl IAlit SI II IN WITNESS WHEREOF,the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By: Title: (NAME OF CONTRACTOR) By Title: 2255262 12/06/2021 02:11 :59 PM Page: 2e of 31 R 163.00 D 0.00 T 163.00 Gilbert Ortiz CterkfRecorder ; Pueblo County, Co Ha01/Nhtilhil l,"61e 1VER.Iiiii k i 11111 EXHIBIT A Exhibit A will be a print showing the general location of the work site. 2255262 12/06/2021 02:11:59 PM Page: 21 of 31 R 163.00 D 0.00 T 163.00 Gifbe't Ortiz Clerk/Recorder, Puebic County. Co WV!I J:1Hiritiii, 11 111 EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK FLAGGING. A. Contractor agrees to notify the Railroad Representative at least ten(10)working days in advance of Contractor commencing its work and at least thirty(30)working days in advance of proposed performance of any work by Contractor in which any person or equipment will be within twenty-five(25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom)will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person,equipment,machinery,tool(s),material(s), vehicle(s),or thing(s)shall he located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time,for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice,the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad,Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this Agreement. B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays,and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees,and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. C. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work,even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements,Contractor must provide Railroad a minimum of five(5)days notice prior to the cessation of the need for a flagman. If five(5)days notice of cessation is 1 2255262 1.2/06/2021 02:11.59 PM Page: 22 .7.+T 31 R 163.00 D 0 00 T 163.00 Gilbert. Ortiz Clerk/Recorder Pueblo County, Cc not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. Section 2. I,1.MITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property,all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights(whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor caused by such railroad operations and work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor,or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any work to be performed by Contractor. Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed,or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. 2 2255252 12/06/2021 02:11 :59 PM Page' 23 of 31 R 153.00 t3 0.00 T 163.00 Gilbert Ortiz Clerk/Recorde^, Pueblo County. Co Ii 1111 Pc/1111 N er 1"IF 101.IV,' urk' N Vi11 III Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal "! business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays)at 1 800 336 9193 (also a 24-hour, 7-day number for emergency calls)to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies)involved,make arrangements for a cable locator and,if applicable,for relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all such protection or relocation(if applicable)has been accomplished. B. In addition to other indemnity provisions in this Agreement, Contractor shall indemnify, defend and hold Railroad harmless from and against all costs, liability and expense whatsoever (including,without limitation,attorneys'fees,court costs and expenses)arising out of any act or omission of Contractor, its agents and/or employees,that causes or contributes to(1)any damage to or destruction of any telecommunications system on Railroad's property, and/or(2)any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on RaiIroad's property. Section 6. PERMITS-COMPLIANCE WITH LAWS. In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property,rail operations and the public is of paramount importance in the prosecution of the work performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety,operations and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in Exhibit D,hereto attached,to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. B. Without limitation of the provisions of paragraph A above,Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S.Occupational Safety and Health Administration reportable injuries, Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage,drug or other substance that may inhibit the safe performance of any work, 3 22552E2 12/06/2021 02:11 :59 PM Page. 24 of 31 R 163.00 0 0.00 T :63.00 Gilhe"t �Jrti. C•1erk'Reccrder. Pueblo Ccu-hv. Cc, VIII M'art LAMOC«4��11,111111 f'Y,11,1 11WI � II II D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work(the"Safety Plan"). Railroad shall have the right,but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 8. INDEMNITY, A. To the extent not prohibited by applicable statute,Contractor shall indemnify,defend and hold harmless Railroad, its affiliates, and its and their officers, agents and employees (individually an "Indemnified Party" or collectively "Indemnified Parties") from and against any and all loss, damage, injury,liability,claim,demand,cost or expense(including,without limitation,attorney's,consultant's and expert's fees, and court costs), fine or penalty (collectively, "Loss") incurred by any person (including, without limitation, any Indemnified Party, Contractor, or any employee of Contractor or of any Indemnified Party)arising out of or in any manner connected with(i)any work performed by Contractor, or (ii) any act or omission of Contractor, its officers, agents or employees, or (iii) any breach of this Agreement by Contractor. B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the Loss, and shall apply regardless of any negligence or strict liability of any Indemnified Party, except where the Loss is caused by the sole active negligence of an Indemnified Party as established by the final judgment of a court of competent jurisdiction. The sole active negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party. C. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by Contractor's own employees. Contractor waives any immunity it may have under worker's compensation or industrial insurance acts to indemnify the Indemnified Parties under this Section 8. Contractor acknowledges that this waiver was mutually negotiated by the parties hereto. D. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the Federal Employers'Liability Act against a party to this Agreement may be relied upon or used by Contractor in any attempt to assert liability against any Indemnified Party. E. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or the termination or expiration of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit any liability Contractor may have to any Indemnified Party by statute or under common law. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work,restoring Railroad's property to the same state and condition as when Contractor entered thereon. 4 2255262 .12/06/2021 02:11.59 PM Pace: 25 of 31 R 163.00 D 0.00 T 163 00 Gilbert Ortt7 Gler4/Re7.order, PJeblo County Co VIIIKAl: r� 6, ' .11 Wei RIO, till Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION-ENTIRE AGREEMENT. No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad. This Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work to be performed by Contractor. Section 12. ASSIGNMENT-SUBCONTRACTING. Contractor shall not assign or subcontract this Agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any work, the Contractor shall, except to the extent prohibited by law;(1)require each of its subcontractors to include the Contractor as "Additional Insured" in the subcontractor's Commercial General Liability policy and Business Automobile policies with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CO 20 26, and CA 20 48 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage)for the job site. 5 2255262 12/06/2021 02:11 :59 PM Page: 26 of 31 R 163.00 0 0.00 T 163.00 Gilnert Ort, . C'erk/Recorder, Puehio ;o& ty Co 1111NllinfinNr4�L�J4t14i�. �� JY� �K�rai+i : A 111111 EXHIBIT C TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Union Pacific Railroad Company Insurance Provisions For Contractor's Right of Entry Agreement Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on Railroad's property has been completed and the Contractor has removed all equipment and materials from Railroad's property and has cleaned and restored Railroad's property to Railroad's satisfaction,the following insurance coverage: A. Commercial General Liability Insurance, Commercial general liability (CGL)with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CC 00 01 12 04(or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CO 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule, B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less$5,000,000 for each accident and coverage must include liability arising out of any auto(including owned,hired and non-owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Property"as the Designated Job Site. • Motor Carrier Act Endorsement- Hazardous materials clean up(MCS-90) if required by law. 1 2255262 12/06/2021 02:11:59 PM Page: 27 of 31 R 163.00 t) 0.00 T 163.00 GIICeri Ortiz C;erk/Recorder . Pueblo Ccunty, Co VIIIPiirdPinLilha Wilk MI.le 1;.0 11,51 iii II II I C. Workers'Compensation and Employers'Liability Insurance. Coverage must include but not be limited to: • Contractor's statutory liability under the workers' compensation laws of the state where the work is being performed. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit$500,000 each employee. If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers'Act,the Jones Act,and the Outer Continental Shelf Land Act,if applicable. The policy must contain the following endorsement, which must be stated on the certificate of insurance: • AIternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage) showing Railroad in the schedule as the alternate employer(or a substitute form providing equivalent coverage). D. Railroad Protective Liability Insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage)on behalf of Railroad as named insured,with a limit of not less than $2,000,000 per occurrence and an aggregate of$6,000,000. The definition of"JOB LOCATION" and "WORK"on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this Agreement to Contractor's insurance agent(s) and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s)to procure the insurance coverage required by this Agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD. E. Umbrella or Excess Insurance. If Contractor utilizes umbrella or excess policies,these policies must"follow form"and afford no less coverage than the primary policy. F. Pollution Liability Insurance. Pollution liability coverage must be included when the scope of the work as defined in the Agreement includes installation,temporary storage,or disposal of any "hazardous"material that is injurious in or upon land,the atmosphere,or any watercourses; or may cause bodily injury at any time. If required,coverage may be provided in separate policy form or by endorsement to Contractors CGL or RPL. Any form coverage must be equivalent to that provided in ISO form CO 24 15 "Limited Pollution Liability Extension Endorsement" or CO 28 31 "Pollution Exclusion Amendment" with limits of at least$5,000,000 per occurrence and an aggregate limit of$10,000,000. If the scope of work as defined in this Agreement includes the disposal of any hazardous or non- hazardous materials from the job site,Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials,with coverage in minimum amounts of$1,000,000 per loss, and an annual aggregate of$2,000,000. 2 2255262 12106/2021 02:11 :59 PM Pate: 28 of 31 R 163.00 D 0.00 1' 163.00 Giloert Grtia Cle,-kfReoorder Pueblo County Co 11111 .r�� a�' 4 PiI1141 III Other Requirements G. All policy(ies) required above (except worker's compensation and employers liability) must include Railroad as "Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48(or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the law governing this Agreement prohibits all punitive damages that might arise under this Agreement. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance. J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A-and Class VII or better,and authorized to do business in the state where the work is being performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. 3 2255262 12/06/2021 02:11 :59 PM Page: 29 of 31 R 163.00 D 0.00 T 163 00 Gilbert Crtiz Clerk/Recorder. Pueblo Count, Go 1111 ir rftf7L't:'',i'rialliikilinl LkirII! i iIi 11 IH EXHIBIT U TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT MINIMUM SAFETY REQUIREMENTS The term "employees" as used herein refer to all employees of Contractor as well as all employees of any subcontractor or agent of Contractor. I. Clothing A. All employees of Contractor will he suitably dressed to perform their duties safely and in a manner that will not interfere with their vision,hearing,or free use of their hands or feet. Specifically,Contractor's employees must wear: (i) Waist-length shirts with sleeves. (ii) Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. (iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-toed footwear that conforms to the American National Standards Institute(ANSI)and FRA footwear requirements. B. Employees shall not wear boots (other than work boots),sandals, canvas-type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. IL Personal Protective Equipment Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules,regulations,or recommended or requested by the Railroad Representative. (i) Hard hat that meets the American National Standard (ANSI) 289.1 — latest revision. Hard hats should be affixed with Contractor's company logo or name. (ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 --latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding,etc. 1 Exhibit 0 Page 1 of 3 pages 2255262 12/06/2021 02:11 :59 PM Page: 30 of 31 R 1.63.00 D 0.00 T 163 00 Gilbert Ortiz Clerk'2ecorder, Pueblo Courts; Co 111111 (iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection,in the form of plugs or muffs,must be worn when employees are within: • 100 feet of a locomotive or roadway/work equipment • 15 feet of power operated tools • 150 feet of jet blowers or pile drivers • 150 feet of retarders in use(when within 10 feet, employees must wear dual ear protection—plugs and muffs) (iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields,must be worn as recommended or requested by the Railroad Representative. III. On Track Safety Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations — 49CFR214, Subpart C and Railroads On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: (i) Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. (ii) Wear an orange, reflectorized workwear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed. Contractor must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Contractor will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. Equipment A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Contractor's equipment is unsafe for use, Contractor shall remove such equipment from Railroad's property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition,operators must be: • Familiar and comply with Railroad's rules on lockout/tagout of equipment. • Trained in and comply with the applicable operating rules if operating any by-rail equipment on-track. • Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other railbound equipment. 2 Exhibit D Page 2 of 3 pages 2255262 12/06/2021 02:11 :59 PM Page: 31 of 31 R 163.00 D 0.00 T 163 00 Gilbert Ortiz C1erk,Recorder, pueblo Count , Ca h011Jli'01 Tf CIU g,Uir 1t41111 B. All self-propelled equipment must be equipped with a first-aid kit,fire extinguisher, and audible back-up warning device, C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five(25)feet from any track. Before leaving any equipment unattended,the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlincs. V. General Safety Requirements A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative,if applicable. During this briefing,the Railroad Representative will specify safe work procedures, (including On-Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work,the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions,work procedures, or personnel change. C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad Administration's Track Safety Standards 49CFR213, D. All employees comply with the following safety procedures when working around any railroad track: {1) Always be on the alert for moving equipment. Employees must always expect movement on any track,at any time,in either direction. (ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. (iii) In passing around the ends of standing cars,engines,roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). (iv) Avoid walking or standing on a track unless so authorized by the employee in charge. (v) Before stepping over or crossing tracks,look in both directions first. (vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. 3 Exhibit D Page 3 of 3 pages Reception 2255263 12/06/2021 02: 1 1:59 PM Assignment of Private Road Crossing Agreement This Assignment of Private Road Crossing Agreement, (this "Assignment"), dated as of June 3, 2020 (the "Effective Date"), is entered into by and between EVRAZ Inc. NA doing business as EVRAZ NORTH AMERICA, a Delaware corporation, with an address of 71 S. Wacker, Suite 1700, Chicago, Illinois 60606 ("Assignor"), and CF&I STEEL, L.P., a Delaware limited partnership, with an address of 1612 E. Abriendo, Pueblo, Colorado 81004 ("Assignee"). WHEREAS, Assignor entered into a Private Road Crossing Agreement with Union Pacific Railroad Compnay, dated as of June 3 , 2020 and recorded on A.0. G .cakt Reception No.aa55a b;. ("Private Crossing Agreement"). WHEREAS, Assignor desires to assign to Assignee and Assignee desires to assume the benefits and obligations of the Private Crossing Agreement. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth in this Assignment, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Assignment. As of the Effective Date of this Assignment, Assignor HEREBY ASSIGNS AND TRANSFERS unto Assignee, all of Assignor's rights in, under and to all benefits and privileges accruing to Assignor thereunder to the Private Road Crossing Agreement. 2. Assumption. Assignee hereby assumes and agrees to perform any and all of the obligations and liabilities of Assignor under each of the Assumed Agreements accruing from and after the Effective Date. 3. Miscellaneous. (a) All notices and other communications required or permitted under this Assignment shall be given in the same manner as in the Private Road Crossing Agreement. (b) This Assignment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original for all purposes, and all such counterparts shall together constitute but one and the same instrument. (c) This Assignment shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of law rules. (d) This Assignment may not be modified or amended in any manner other than by a written agreement signed by the party to be charged. (e) Assignor shall promptly execute and deliver to Assignee any additional instrument or other document which Assignee reasonably requests to evidence or better effect the assignment contained herein. 2255263 12/406/2021 02:11 :59 PM Page: 2 cf 2 R 18.00 D 0.00 11 .0 Gilbert Ortiz Clerk/Reo3rder. Pueblo 18Count0 y. O VIII 14!rdi;''!'iILi L NIf�1'.h+111,1"0111`'.14I''Iri.11iiaiii, III III (f) This Assignment and the obligations of the parties hereunder shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Assignment as of the Effective Date. ASSIGNOR: EVRAZ Inc. NA, a Delaware corporation By: Name,: James Herald Title: President & CEO ASSIGNEE: CF&I Steel, LP, a Delaware limited partnership By: ; Name: Alexander Vasiliev Title: Sr. Vice President & CFO 2