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HomeMy WebLinkAbout7554r RESOLUTION NO. 7554 A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE SOUTHERN PACIFIC TRANSPORTATION COMPANY, RELATING TO A RIGHT -OF -ENTRY PERMIT FOR AN ENVIRONMENTAL ASSESSMENT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement dated January 5, 1995, between Pueblo, a municipal corporation, and the Southern Pacific Transportation Company, a copy of which is on file in the office of the City Clerk (the "Agreement"), is hereby approved. SECTION 2. The President of the City Council is authorized to execute and deliver the Agreement on behalf of the City, the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. This Resolution shall become effective upon final passage. INTRODUCED: January 23, 1995 BY: CEiAPJM JONES COUNCILPERSON ATTEST AP OV Ci y Clerk PRESIDENT OF THE CITY COUNCIL SOUTHERN PACIFIC REAL ESTATE ENTERPRISES* 1515 ARAPAHOS STRSST • OM PARK CMIR L, TOMM 4 ROOM 987 • DUMM, CO S0202 • TEL (303) 6342373 • FAX (303) 634 -2199 GARY H. HUNT District Manager January 5, 1995 Cityy of Pueblo A Munici al Corporation ATTENTIM The Honorable Joyce Lawrence President of the City Council One City Hall Place Pueblo, Colorado 81003 In reply, please refer to: RE: Right -of -Entry Permit for Environmental Assessment (Southern Pacific Transportation Company Freight Depot) Dear Ms. Lawrence: The Southern Pacific Transportation Company, a Delaware Corporation (hereinafter referred to as "Permittor'), hereby permits and authorizes the City of Pueblo, a Municipal Corporation and its employees, agents, contractors, and consultants (hereinafter referred to collectively as the "Permittee ") o enter upon Permittor's propert y located at "B" Street and Victoria Street In Pueblo, Colorado, and known as the Freight Depot and its grounds (the "Premises ") as depicted on Permittoe's Exhibit "A" dated January 5, 1995, attached hereto and made a part hereof, subject to all licenses, easements, encumbrances, and claims of title affecting the Premises and upon the following terms and conditions: 1. This permit is for Permittee's exclusive use and is not assignable except upon written consent of Permittor. It is hereby given to Permittee solely for the purposes of evaluating and inspecting the Premises to determine the existence, presence and extent of any underground storage tanks, lead based paint, asbestos, and of hazardous substances in or about the Premises prior to Permittee initiating any activities leading toward the possible purchase of the Premises by Permittee. 2. This permit shall be effective and permit access to the Premises during reasonable times and as often as necessary for a period of 120 days from the date of acceptance by the Permittee as indicated below, and shall automatically terminate thereafter. Notwithstanding the term hereof, Permittor reserves the right to revoke this permit at any time prior to termination upon seventy -two (72) hours advance written notice from Permittor to Permittee. 3. In order to determine the existence. presence, and extent of any underground storage tanks, lead based paint asbestos, and of an hazardous substance in, under, upon, or about the Premises and to determine whether there exists any other adverse environmental condition upon the Premises or emanating therefrom, Permittee shall have the right during the period described in Paragraph 2 hereof and at Permittee's sole cost and expense to conduct such studies, inspections, evaluations audits, environmental assessments, and surveys (hereinafter collectively referred to as "environmental site assessments ") as Permittee deems appropriate, subject to the terms and conditions contained elsewhere herein and to the following additional terms and conditions: A. Permittor shall not employ upon the Premises any employee, engineer, consultant, or other person to whom Permittor shall have reasonable objection. A list of Permittee's proposed consultants and key personnel is attached hereto and incorporated herein by C: \W PS1 \a HH\Pu*b1o.ROE City of Pueblo ATTENTION: The Honorable Joyce Lawrence Page 2 January 5, 1995 reference as Exhibit "B ". Permittee shall not allow any substitution of such consultants or key personnel upon the Premises until and unless five (5) days p rior written notice has been given to Permittor and no written objection has been received. B. Provided that Permittee has received express prior written consent from Permittor allowing ermittee to perform or permit the performance of any soil -tests, water samples, or any other test or sample of any kind on the Premises as contemplated in Section 3J hereof, Permittor shall have the right to be present at all times when Permittee is performing activities upon the Premises and to observe all sampling, physical tests, and procedures performed upon or about the Premises in connection with all environmental site assessments and, upon request, to obtain split samples of any material or substance removed for off -site testing analysis. With respect to any subsurface excavation, bore testing, or drilling, Permittor shall have the right to review and approve the number type, extent and location of such excavations, monitoring wells, or c� 'I ing upon the Premises. C. All written reports, evaluations, and environmental site assessments produced by any of Permittee's consultants (other than its attorneys) in connection with any environmental site assessments of the Premises whether preliminary, interim, or final in nature) shall be submitted o Permittor concurrently with the submission of the same to Permittee. D. Prior to the issuance of any final report by any of Permittee's consultants which will set forth any "baseline" determination affecting the Premises and /or any recommendations relating to the removal, remediation cleanup, or containment of any hazardous substance, Permittor Aall be given the opportunity to make comments, ask questions, and offer recommendations to the consultants preparing such reports provided that Permittor contemporaneously advises Permittee of its comments, questions, and recommendations directed to such consultants. E. Permittee agrees to make reasonable efforts to conduct environmental site assessment activities upon the Premises in a manner so as to minimize interference and disruption of the activities of Permittor and Permittor's lessees. F. Permittor acknowledges that Permittee is a governmental entity and provides various functions relating o protection of public health, safety, and welfare. Permittor -further acknowledges that the environmental site assessment upon the Premises is being funded with the aid of federal financial assistance which subjects the funded activities to applicable state and federal re ulations. Consistent with the foregoing, Permittee agrees that, excep as otherwise required by law or applicable financiafassistance requirements and regulations Permittee and its consultants shall maintain in confidence any and all information, reports, evaluations, and environmental site assessments based upon information acquired pursuant to this instrument. Except as otherwise required by law or applicable financial assistance requirements or regulations, neither Permittee nor its consultants shall make any disclosure of such information, reports, and environmental site assessments to any other party without the prior written consent of Permittor. Permittee hereby agrees that, if Permittee believes that it is required by law, or applicable financial assistance requirements or regulations, to report the results/findings of its environmental site assessment to any federal or state regulatory agency, it will first provide written CAW PS7 \G HH\Pusblo.ROE City of Pueblo ATTENTION: The Honorable Joyce Lawrence Page 3 January 5, 1995 notice to Permittor and give Permittor and Permittor's environmental attorneys/consultants the opportunity to participate in making such report to any federal or state agency. G. Under no circumstances shall Permittee be liable or responsible for any containment, mitigation, remediation, removal, or cleanup with respect to any preexisting condition discovered or revealed by its activities pursuant to this instrument; rovided, however, that Permittee shall, at its own expense, dpsp of samples and hazardous materials removed by Permittee from the Premises and correct or repair any physical damage to the Premises directly related i to its activities, ncluding the plugging of bore holes and monitoring wells, if any. H. Permittee shall make its consultants and agents performing activities contemplated by this instrument aware of the requirements of this instrument and contractually bind said consultants and agents to its terms. I. Permittee's obligations under this Paragraph 3 shall survive any termination of this permit. J. Permittee shall not perform or permit the performance of any soil tests, water samples, or any other test or sample of any kind on the Premises without the express prior written consent of Permittor which may be granted or withheld in the sole discretion of Permittor. If Permittee requests the consent of Permittor to any such test or sample, Permittor, as a condition to considering whether to grant or deny consent, may require that Permittee furnish Permittor with (i) Phase I Report of the Premises performed to ASTM standards or similar standards approved by Permittor, (ii) detailed plans concerning the proposed test or sample which shall include proposed locations where tests or samples are to be made or taken and the type of tests or samples to be made or taken, and (iii) questionnaires) fully completed by all owner(s) of property abutting the Premises ((except Permittor) in the same format as attached blank questionnaire designated as Exhibit "C ". If Permittor grants consent to any test or sample, Permittee agrees that the applicable test or sample shall be made or taken in compliance with any detailed plans applicable thereto and /or conditions imposed by Permittor applicable thereto. 4. All costs related to Permittee's operations upon the Premises shall be at Permittee's expense and all work by Permittee upon the Premises shall be performed in a good and workmanlike manner satisfactory to Permittor. Since there is the possibility of the existence of pipelines or other structures beneath the Premises, if Permittee should excavate or drill, then Permittee's forces shall explore for such structures with hand tools to a depth of at least eight feet (8') below the surface of the ground or, at Permittee s option, use suitable detection equipment prior to drilling or excavating with mechanized equipment. Absence of markers does not constitute a warranty by Permittor of no subsurface installations. 5. Any open holes excavated drilled, or otherwise caused by Permittee shall be satisfactorily covered at ail times when Permittee's forces are not physically working in the actual vicinity thereof. Upon completion of work, al r hles wi be filled in to surrounding ground level with clean, compacted earthen material and the Premises le in a neat and safe condition satisfactory to Permittor. CAV1P51 \G HH \P"eb1*.ROE City of Pueblo ATTENTION: The Honorable Joyce Lawrence Page 4 January 5, 1995 6. Upon request of Permittor, Permittee shall furnish Permittor without cost or charge therefor, a copy of finalized data obtained by Permittee from studies or surveys conducted upon the Premises. Permittee shall fully pa for all materials joined or affixed to the Premises, and shall pay in full al r persons who perform labor thereupon. Permittee shall not suffer any mechanics' or materiaimen's liens of any kind to be enforced against the Premises for any work done or materials furnished at Permittee's request. If any such liens are filed thereon, Permittee shall immediately remove the same at Permittee's own expense, and shall pay any O gment which may be entered thereon or thereunder. Should Permittee , neglect, or refuse so to do, Permittor shall have the right to pay any amount required to release any such liens or to defend any action rou ht thereon, and to pay anyy judgment entered therein; and Permittee shallte liable to Permittor for alt costs, damages, reasonable attorney's fees, and any amounts expended in defending any proceedings or in the payment of any of said liens or any judgment obtained therefor. Permittor may post and maintain upon the Premises notice of nonresponsibility as provided by law. 8. Permittee shall release, defend and indemnify Permittor from and against all liability, cost, and expense for doss of or damage to pro erty and for injuries to or death of any person (including, but not limited �o, the property and employees of each party hereto) when arising or resulting from the use of the Premises by Permittee, its agents, consultants, or employees. 9. A. In conducting its activities upon. the Premises, Permittee shall comply, at Permittee's expense, with all applicable laws regulations, rules, and ord whether now existing or hereafter adoppted including, without limitation those relating to construction, signage, fieaL, safety noise, environmental protection, waste disposal and water and air quality. Ai PeriMtor's request, Permittee shall furnish satisfactory evidence of such compliance. B. Should any discharge, leakage, spillage, emission, or pollution of any type occur upon or from the Premises as a direct result of Permittee's activities upon the Premises Permittee shall, at its own expense, promptly contain and remediate such discharge, leakage, spillage, emission, or pollution to the satisfaction of Permittor and of any regulatory bod having jurisdiction therefore; provided, however, that Permittee shall Xave no obligation whatsoever to otherwise undertake any removal, remediation, cleanup, containment, or further study of any hazardous substance discovered by Permittee to be existing upon or emanating from the Premises or otherwise with respect to any release or threatened release of hazardous substances therefrom. 10. Any person, firm, or corporation Permittee authorizes to work upon the Premises shall be deemed to be Permittee's agent and shall be subject to all the applicable terms hereof. 11. A. Permittee is hereby required to give five (5) days' advance notice of the date Permittee elects to enter up on the Premises. Said notice shall be to the undersigned by telephone at (303) 634 -2373 and to Permittor's Environmental Project Mana ger, Mr. Bob Taeger, at (214) 770 -4363, and then confirmed by letter to the above address. B. If any facility of Permittor is endangered by Permittee's work, Permittee shall immediately notify Permittor at the above numbers and, in the event any of Permittor's facilities is damaged as a result of Permittee's operations upon the Premises, Permittee shall promptly reimburse Permittorfor all reasonable costs incurred to repair or replace the facility so damaged. 12. By signing this permit, Permittee acknowledges that any and all maps, feasibility or marketing reports, environmental site assessments, engineering CAW P51 \O H H\Pueblo.RCE City of Pueblo ATTENTION: The Honorable Joyce Lawrence Page 5 January 5, 1995 studies, and other information of any type that Permittee has received or may receive from Permittor or its agents are furnished by Permittor with the express understanding that (ij Permittee shall make an independent verification of the accuracy of any and all such information, and (ii) all such information was or will be furnished without any warranty whatsoever. Permittee agrees that it will not attempt to assert any liability against Permittor and /or its agents for furnishing such information. Furthermore, such information furnished by Permittor or its agents to Permittee shall be treated with same confidentiality as information developed by Permittee pursuant to terms of this permit. 13. The parties acknowledge that, at the time of execution of this instrument no negotiations have occurred whatsoever regardin Permittee's possible purchase of the Premises and that no commitment of any kind has been made by Permittor to sell the property to Permittee. The parties agree that, in the event purchase negotiations occur after the date of this instrument, such negotiations may be terminated by either party at any time and for any reason or for no reason. It is further agreed that Permittee's consultants shall be third party beneficiaries of this paragraph and entitled to assert same as a defense to any claim based upon information the consultant supplied to Permittee. 14. As portions of the Premises are presently occupied by Permittor's tenant(s), it shall be Permittee's responsibility to obtain said tenants) ppermission before entering he Premises. The name(s) and address(es) of Permittor's present tenants) is (are) listed on the attached Exhibit " " If Permittee agrees to the foregoing terms, Permittee's authorized officer should endorse Permittee's acceptance on the attached copy of this letter and return to undersigned. If the endorsed copy is not received within thirty (30) days from the date of this letter, this permit shall automatically terminate. Very truly yours, am . GGar H_ Hun Title: Distr 111anager AGREED TO AND ACCEPTED THIS DAY OF January , 1995. CITY OF PUEBLO A Municipal Corporation of the State of Colorado By of the City Council •A Division of Southern Pacific Rail Corporation CAW P51 \GHH\Pueblo.ROE LIST OF PROPOSED ENVIRONMENTAL CONSULTANTS Sherman J. Worthington, P. E. Proj. Mgr., Environmental Div. Water, Waste & Land, Inc. Consulting Engineerings /Scientists Creekside Two Building 2629 Redwing Road, Suite 200 Fort Collins, CO 80526 PH. (303) 226 -3535 Loren R. Hettinger, Ph. D. Senior Ecologist Dames & Moore 1626 Cole Boulevard Golden, CO 80401 -3387 PH. (303) 232 -6262 FAX: (303) 239 -9932 Alex J. Fisher, M. S. Hydrogeologist /Sr. Project Mgr. Delta Environmental Consultants, 2637 Midpont Drive, Suite F. Fort Collins, CO 80525 PH. (303) 493 -0800 FAX: (303) 493 -0395 Dave Peters, Engineering Tech. EnecoTech, Inc. Environmental Consultants 1580 Lincoln Ave., Suite 1000 Denver, CO 80203 PH. (303) 861 -2200 FAX: (303) 861 -2201 Dennis R. Phipps, General Mgr. Occupational Health Technologies, Lab 2802 Janitell Rd., Suite A Colorado Springs, CO 80906 -4103 PH. (719) 540 -8511 FAX: (719) 540 -8541 John W. Grosskopt III, P.E. Royal Corporation The Royal Building 875 Delaware Street Denver, CO 80204 PH: (303) 534 -5626 FAX: (303) 534 -6020 Stuart Richardson, Manager Ecology & Environment, Inc. 1776 South Jackson Denver, CO 80210 PH: (303) 757 -4984 Bill Hill Greystone Develop. Consultants, Inc. Inc. 5990 Greenwood Plaza Blvd. Suite 104 Englewood, CO 80111 PH (303) 850 -0930 John C. Murray, Ph. D. Manager, Environmental'Audit Div. James P. Walsh & Associates, Inc. Environmental Scientists 1002 Walnut Street P. 0. Box 2003 Boulder, CO 80306 -2003 PH. (303) 443 -3282 Elizabeth Roth, Marketing Inc. Environmental Science /Engineering Inc. 2 Inverness Drive East #201 Englewood, CO 80112 PH. (303) 790 -0770 -W :I111MI.- i EXHIBIT "C" To d a best of year kymowledge, do awry of the following duct m=ts eat, or love you been made awwt of them in the past: — YM—No—. Unkvm JQUVAho l Site Asses is Yasuo Unkwn Eavironx wbl Asstssmams - Phase I Repods YesYo Unkwn Environmental P=Mbs Y o—_ TJnkwu Unskrgmnd stare tsak appHeatimv, p =ks, or Botts ._._Yes —YO Unkwn Comm mty Bight -taKww PW4 Adw dsl Safety Data Sheds, Envitantn mtsl Safety Plans, Opeaztiona sad • �a Programs —Yes No Unkwn (1) Is the Property or any Adjoiaug Property uwd ft =industrial use? Yes --Nc .Umkwn (2) To the best of y+oiir knowled ., has the Ptapcdy or A,djoiniq Ptvpaty been used for an io&uW l we in the past? ` .-Xes__Yo_Uakwa (3) Is tb- Property or any Adjobft PrWesty used as a gasoline sta.;m motor repair facility, commm+cial panting ho &7 ale =, Photo deveoP®g Uamim9• )mk9nd or lsmdb,U, or as a waste fit, storage, disposal, p =mjzg. or myr ft & Yes N O—Unkn (4) To the beat of y= kwwledzc� bas rite Property or any Adjoining Property boea used as a gmlime shm motet mp* bdlttp. comm=W Fa!=DS fac>lity. cry donne Phac &wlopmg labosstm7, junkyard or landfill nor as a waste Uaaimmt, stony, Phan I - Feld S== Quesdomaira Pago 1 Yes No Unkwn (5) Are that currently, or to the best of your imewiedge havm th=rc been pw&usly, any operations 3t the Property ar within the &clhty which mvolveti the pmessms. stash or haadlfng of petroleum in individual rontdrs of gxoates dine five XZ=s in 9olm n e, or fifty gallaas in the aggagte. _,_„Yas_No Unbm (6) Are tbm c=ently, or to tt best of you knowledge berm that been pmviously, nay aub=otive or hdmtial bettted+es to significant quaadties, or pesticides, paints, or utha Cb=Icals iaa 3adiVidwl eont ernes of gteat+er than five gallons in valu= or My gallons In the agmpfp, se=d va or used at the Ptnptaty or within the facility. Yes_WQ Unlearn (7) Arc than cmrw ly, ae to ft best of your knowledge hLyt that bcm MvIcusly, any dal drams (typically 55 0110n) of antis of chemicals located on this Property or at the facility? Yea_IlCo Unkwn (3) bias FM Dist been btvaght =to the Property which 048 aatcd st► a ccmmmiaattd site ar which is of an unknown od&? Yc -_.,No • Unkwn (9) Are them cturendy, or to the best of you knowledgehat dzm been previmmV. any Pfits, Pmuis, Smfm Itapowadmeats or Lagom located on the Property io coanecdon wztls waste tnatmmt or waste disposal? . Yer. -- No Unkwu (10) Are there c =mdy, or to the best of your htawledge ]eve thexe bees pmvyousip, any bx iaar*Wm Injection Wells, Transfer Stations, Wrist Rec pcltag Operations, Waax Treatmmt Det=f mon, or Land DmpaW .Arms l C40d on the Progeny in come tkn with waste wtma t or www disposal? —Yes_ No Unkwn (ll) Is theme cm=dy, at to the best of year kw*lcdgz has twe bees pmvicAusty. arw stilned soil on the Pt mcdy? .Yes—No Unkwn (12) Are there c u ndy, or to ffie best of pout knowledge have tl= beta pavictWy, any ie6stcted . er usat+e&wnd above or undo notmd swrap tm b located on tt Property? Yes_1 Unkwn (13) Are them currmtty, or to tba brat of your kwwledr- have that ben previously, =y veal pipes, fill pipes or access ways indicating a fill pipe pwtrudiag from the ground on the Property or adjacent to any structure located cn the Propeaty? M.M. 6 14 Pa 2 Rio ,_„Unkwn (14) Arc that =Iieattp, . or to the test of y= knowledge have there been ptevionsly h3MUal, M U=a foam insulation within *e Property? Yes—NO Unkwa (IS) Are thane uatenft, or to ffie bat of your' knOW10 have tea= boen ptzviouslY, amy nom°& dry, or walls located within the fac>yity that at stained by substances otber tlw watts, or ace emiftZ foal odors? Yes__Nb Unkwu (16) If the Piopaty Is steed by a gdtvate well or ztan- public w'tDes system, have eoatnrnb=ts been Wcw!W In tbae well or system that =eed gW&Ibcs applicable to the wa w sys= or bas the Well been dw nated as t orztami md, by my gc:vernrnent CAVIxoW=td ama or ha&h sg=cy? Yes Unicwn (17) Does tt OwM or 0=01= of the PYopaty haw nay Eaowled a of EavhMmeutal Liens Of Summ cut II ocifiwtioa rdating to past or count viola aw of enAwnmmtal Jaws with mpect to the Property cr amt f Sty lowed vn die Property'' ___.Ycs_._ Nq Uakwn (18) Has the Owns or Occupant of the Propeay been informed of thoa past or cur�--nt eaistam of b=rdcw Substinm cr Pettnlea s Products or environmental yid&d= Vft reaped to thtr PzapertY or any fac ly located on ft -Property? Yes--Na Unkwn (19) Does the Ow= or OcarpaQt of the Pwpecty have any knowledge of any Sits Asxssment of 6e, Property CC facility that icdieated the PrMeWe of Hazadeus Subs== of Petroleum bode ft can, or caatamination o4 the Property or reoo�om Aed iratbW assessment of to Yropedy? Xes No Unk= (20) Does the Owns ar Occupant of the hmpav know of any pas, tbremened, or P=&* lawsuits or adminimceSve gt+ocoodiass ooncearttiootg a tekase or dueatened release of my liazaardatis su'bstaa+ces or Petroh= Proat= involving the Pzopmty by an . Oi+anW or OccuQoat? X es No U'nkwn (21) Daec the Pmpc* discharge waft W*r ocher t= storm water, directly no a ditch or stria on or adjacent: to the PiopUtp? Yes--No Unkwn (22) To tba best of your kwwirdge, have any Hazardous Phase I - FleId Sat= Questionnaire • Page 3 L • V -1 �+� • • • 11 • • • •A 1 1 • 1 • ► �• 1 •,r _ .Yes____No_._-Uukwa (23) To the best of your knowledge, have any mad tics, tclephone pales, treated lw, 9w, wooden wire or cable stm r• mels or spools been dumped about grade, buried, and oc burned an the Property? Yes No_,,,Unkwn (24) To 8e best of pour Jmowledge, is the past or the p =ed have =Y railroad trades cr mUmad right -of ways be= lomW en, or adjaoeat to the %Tetty? Yes -.., Nb Unicorn (25) Is tbm a tiaaafi=gr, captor cc any hydraulic equipv=t for which there arc aq records in&a6g the pit== of PCBs? Y es—No Unkwo C4 Are there currently, or to the besr of your kao ar icdzc, has the O w= or Opeaor of the Pxopedy boea required pm-uj usly to submk file, or mabbk Material Safety Data Sbeats 09= or a Wdeb= Ham Cotnmmicatiou Pmgranx? . --NC �Unkwn CM Are thatc cm=a lr, or to the best of Yom knowledge, has the Owm or Operator of the Property ben required p moudg to submit or file to Fedaal or State agencies a C b=ic2l Centiageaoy Plan, Eb=geacy and Hazardous C bemlW bventory rvcm, To do Chemacal Rdease Form, SARA, Title M • F=geoty Pj=bg and r+cmnmmitsr Right -to-9mw Pict i ymmy, SARA Title M - P 9.4 1 y Haratdm Subsea = iuvectuy, or report imder the IF n j my Response Notification Stem? Yes_._No Unkwn (21) To the best of your knowledge, does the Pmpemty ct wdy fall wnbia the auspices of DVmtmtat of Ong and Urban Development (HUD) supplied f mdiug, or is a 3aume of in*=e =evemle dit+eady derived fmm, st gUed. cr steed by RM? Phase I - Fmld Screen Qarionuaim PAga4 This questIonuafte was answered: VLM In Person Tclophone Conversation __._Sent R n skrcd mail Ibis qu&sdm air6 was amwcred by: Name: b`L$�17t'e: T itle; Date: This qucstionmine was a I iyaista and completed by: Name: . D ata Pwjcd Num Now: this Field Transaction Screen Quesbomdut is based ul=the Amrrican Society of Testing and Matmi2ls Transactiao Stma F-50.02.1 and the State of Illin Mdoaaz Document for Tansfcr of Red PzWesty. Pbasa I - R dd Screen Q estlooaaaim Page 5 w • L This questIonuafte was answered: VLM In Person Tclophone Conversation __._Sent R n skrcd mail Ibis qu&sdm air6 was amwcred by: Name: b`L$�17t'e: T itle; Date: This qucstionmine was a I iyaista and completed by: Name: . D ata Pwjcd Num Now: this Field Transaction Screen Quesbomdut is based ul=the Amrrican Society of Testing and Matmi2ls Transactiao Stma F-50.02.1 and the State of Illin Mdoaaz Document for Tansfcr of Red PzWesty. Pbasa I - R dd Screen Q estlooaaaim Page 5 LIST OF TENANTS D &RGW Freight Depot Union Pacific Railroad Company 301 West "B" Street Pueblo, CO 81003 Corporate Office: Contact - Mr. Dick White, (719) 549 -6256 Union Pacific Railroad Company Room 1100, 1416 Dodge Street Omaha, NE 68179 (902) 271 -3753 EXHIBIT "D"