HomeMy WebLinkAboutAT & SF Railway Company; 1963-06-04; 68265*t Origin*! Contract Secy's No ----
-"' SANTA FE ROUTE
Form 1617 Standard Wegt of Albuquerque
(Approved by G«n»rol Solicitor)
LICENSE
THIS LICENSE, Made as of the __________ -4t& .................... day of ___________ June. _________________ 19 J&_
toJtlHLJSQll^ __________________________ . _______________ ,
a ---- .Kansas. --------------------------------------- corporation (hereinafter called "Licensor") ,
and _______ £m..PF_CARLS_BAD. ________________________________________________ ......... _ ______________________ . _____ _; ___
(hereinafter, whether one party or more, called "Licensee").
WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant andagree as follows:
1. Licensor hereby licenses Licensee to use, subject to the rights and easements hereinafter exceptedand reserved and upon the terms and conditions hereinafter set forth, the land (hereinafter called "Prem-
ises") situated at or near .Qarlsbad , County of San Diego
State of.-Q.al.ifpr.nia. f outlined in red coloring on the print hereto attached, No. JiT.;b2_58j45_,
dated_.Apr.il_3-C>,1963. •„ , marked "Exhibit A" and
made a part hereof, for a term beginning on JujML-A. , 19_63_ , and ending when
this license shall be terminated as hereinafter provided.
2. Licensor hereby excepts and reserves the right, to be exercised by Licensor and by any others who
have obtained or may obtain permission or authority from Licensor so to do, (a) to operate, maintain,renew and relocate any and all existing pipe, power, and communication lines and appurtenances andother facilities of like character upon, over or under the surface of the Premises; and (b) from time to
time to construct, operate, maintain, renew and relocate such additional facilities of the same character
as will not unreasonably interfere with the use of the Premises by Licensee for the purpose specified inparagraph 6 hereof.
3. Licensee shall pay to Licensor on or before the first day of each period of one year during tbecontinuance of this license-, as compensation for the use of the Premises for-sttch period, a sum equal to six
L \P f\)) oi Lfig iH.ir iicciigiG V3iiiift—QT~xnc i. icitiisBSj &UL not less triftn—---T--—1-T-.-.-.M-——-.i..-."-._'-,_mii.-..L.i_ ___^r
----------------- ---- ... . -------- -- --------- Dollars ($ ________ :).
for the purpooco of this license the fair liecnac value of the Pf emisca at the-cff ective date hereof is agreed
to-be __________________ Dollars ($ ________________ )
..--_=!_^_=L.j=_.'!i..=_r— •=_r.-ir.Dollars ($.JL.QQ ------------- ) -per-annum. Such fair license value aliall be
inereased-f-Eom time to time by the amount of any governmental charge or assessment (exeept-general
property taxes) payable-en-account of or in respect to the Premised for the construction of public im-pr-e-vomontfli •
4. Licensee covenants and warrants that Licensee either owns, or has obtained from the owner or
owners thereof the right to use any improvements now on the Premises shown or described on said Ex-hibit A as "Licensee's Existing Improvements." Such improvements, if any, together with any other im-provements hereafter placed upon the Premises by or for account of Licensee are hereinafter called "Im-provements."
5. Licensee shall pay before the same become delinquent all taxes, charges, rates, and assessments
which may, during the term of this license, be levied upon, or assessed against, or be equitably chargeable
to or assessed in respect of the Improvements ; and where any such tax, rate, charge, or assessment may be
embraced in the general amount of taxes charged upon the Premises separately or in connection with
other property of Licensor and Licensor shall pay all of said taxes, then Licensee shall promptly repay or
refund to Licensor the amount or part of the tax, charge, rate or assessment equitably or fairly apportion-able to the Improvements.
6. Licensee shall use the Premises exclusively as a site for.-*— drainage L__channel ___________________
the object of Licensor being to facilitate the convenient operation of the railroad, telegraph and telephone
lines of Licensor and the transaction of business thereon. In case Licensee shall use the Premises for any
other purpose whatever than above mentioned, then Licensor may declare this license at an end and pre-
vent Licensee from using or remaining upon the Premises, with or without process of law. Licensee shall
not have the exclusive possession of the Premises as against Licensor. '••-
7. Licensee shall keep and maintain the Premises and Improvements in such safe, sanitary and
sightly condition as shall be satisfactory to Licensor, and, if required by Licensor, shall paint the Improve-
ments with paints of a color approved by Licensor; and if Licensee fails or refuses within fifteen (15)
days after receipt of any request by Licensor so to do, Licensor may, at its option, perform such work,
and in such event Licensee shall within thirty (30) days after the rendition of bill therefor reimburse Li-
censor for the cost so incurred.
8. In using the Premises, and in constructing, maintaining, operating and using the Improvements
thereon, Licensee shall comply with any and all requirements imposed by federal or state statutes, or by
ordinances, orders, or regulations of any governmental body having jurisdiction thereover. In the event
the Premises or Improvements shall be used for the loading, unloading, storing, or otherwise handling of
any petroleum products, Licensee shall comply with all regulations and recommendations from time to
time promulgated by the Bureau of Explosives of the Association of Amercian Railroads, or any succes-
sor agency. All artificial lighting in pump houses, warehouses, or other enclosures upon the Premises,
where oil or other inflammable fluid supplies are handled or stored by Licensee, except in unbroken orig-
inal containers, shall be by electricity, and such electrical installation and any other electrical installation
upon the Premises shall at all times conform to and bs maintained in accordance with the provisions of the
then current edition of the National Electrical Code with respect to Class I hazardous locations. Licensee
shall promptly pay and discharge any and all liens arising out of any construction, alteration or repair
work done, or suffered or permitted to be done, by Licensee on the Premises, and Licensor is hereby au-
thorized to post any. notices or take any other action upon or with respect to the Premises that is or may
be permitted by law to prevent the attachment of any such liens to the Premises; provided, however, that
failure of Licensor to take any such action shall not relieve Licensee of-any-obligation or liability-under
this or any other paragraph hereof.
9. Licensee shall at all times keep a space of six (6) feet from the nearest rail of any railroad track
entirely clear of structures, material and obstructions of every sort and shall observe an overhead clear-ance of not less than twenty-five (25) feet above the top of rail; but, nevertheless, Licensee may erect
loading platforms which shall not be more than three (3) feet and six (6) inches higher than the top of
the rails, and which at no point shall be nearer than four (4) feet to the nearest side of the head of the
nearest rail of such track; provided, however, if by statute or order of competent public authority differ-
ent clearances shall be required, then Licensee shall strictly comply with such statute or order.
10. Licensee agrees to indemnify and save harmless Licensor against all loss, damage or expense
which Licensor may sustain, incur or become liable for, including loss of or damage to property or injuryto or death of persons and fines or penalties imposed upon or assessed against Licensor, arising in any
manner out of (a) the use of the Premises or Improvements by Licensee, (b) any breach by Licensee of
the terms, covenants or conditions in this instrument contained, or (c) the sole or contributing acts or
omissions of Licensee or the employes, agents, patrons or invitees of Licensee in, on or about the Prem-
ises or Improvements, except that if Licensor shall participate in any such contributing acts or omissions,
then the loss, damage or expense arising therefrom shall be borne by the parties hereto equally; provided,
however, that Licensee hereby assumes the risk of, and agrees to indemnify Licensor against liability for,
loss of or damage to the property of Licensee or of others upon the Premises (except any rolling stock or
shipments in the course of transportation and except any property of Licensor or others placed or kept onthe Premises pursuant to paragraph 2 hereof) due to fire communicated from locomotives while being
operated by Licensor upon any tracks within or in the vicinity of the Premises, regardless of Licensor's
negligence, if any.
11. Neither Licensee, nor the heirs, legal representatives, successors or assigns of Licensee, nor any
subsequent assignee, shall transfer or lease the Premises or the Improvements, or any part thereof, nor
assign or transfer this license or any interest herein, without the written consent and approval in each
instance of Licensor.
12. In case of the eviction of Licensee by any one owning or claiming title to or any interest in the
Premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever, or to refund
any compensation paid hereunder, except the proportionate part of any compensation paid in advance.
13. If any compensation hereunder shall be due and unpaid, or if default shall be made in any of the
covenants or agreements of Licensee herein contained, or in case of any assignment or transfer of thislicense by operation of law, Licensor may, at its option, terminate this license by serving five (5) days'
notice in writing upon Licensee; but any waiver by Licensor of any default or defaults shall not consti-
tute a waiver of the right to terminate this license for any subsequent default or defaults.
14. This license may be terminated at any time by either party upon thirty (30) days' notice in
writing to be served upon the other party, stating therein the date that such termination shall take place,
and upon the expiration of the time specified in such notice this license and all rights of Licensee here-
under shall absolutely cease and determine; but upon any such termination Licensee shall be entitled to
have refunded by Licensor a proportionate part of any compensation paid in advance.
15. Any notice to be given by Licensor to Licensee hereunder shal be deemed to be properly served if
the same be delivered to Licensee, or if left with any of the agents, servants or employes of Licensee or if
posted on the Premises, or if deposited in the Post Office, postpaid, addressed to Licensee at_ ............... —
16. Upon the termination of this license in any manner herein provided, Licensee shall forthwith
surrender to Licensor the possession of the Premises and shall remove the Improvements and restore the
Premises to substantially the state in which they were prior to the construction of the Improvements, and
in case Licensee shall fail within thirty (30) days after the date of such termination to make such re-
moval or restoration, then Licensor may, at its election to be exercised within thirty (30) days there-
after, either remove the Improvements and restore the Premises for the account of Licensee, and in such
event Licensee shall within thirty (30) days after the rendition of bill therefor reimburse Licensor for
the cost so incurred, or may take and hold the Improvements as its sole property.
17. If Licensee fails to surrender to Licensor the Premises, upon any termination of this license, all
the liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are sur-
rendered ; and no termination hereof shall release Licensee from any liability or obligation hereunder,
whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the
date of termination or the date, if later, when the Improvements are removed and the Premises restored
or Licensor elects to take and hold the Improvements as its sole property as hereinabove in paragraph 16
provided.
18. In the event that Licensee consists of two or more parties, all the covenants and agreements of
Licensee herein contained shall be the joint and several covenants and agreements of such parties.
19. All the covenants and agreements of Licensee herein contained shall be binding upon the heirs,
legal representatives, successors and assigns of Licensee, and shall inure to the benefit of the successors
and assigns of Licensor.
IN WITNESS WHEREOF, This license has been duly executed in duplicate by the parties hereto asof the day and year first above written.
. (Licensor).
Approved as to description:
CITY OF CARLSBAD
(Licensee).
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Form 1617 Standard
~Vuwoved by Gensml Solicitor)
Secretary’s No .-______________ -____ ____
License
TO
F’or
__-___-__-_- _____- Station
_- ____ - _____ Division ‘
Expigvs on Thirty Days’ Notice
___________ -Div. Supt’e No.--- ________ I _____
‘i‘..
Chief Engineer’s No .________________ _‘_.--:A
Hall IO-62 lsoo 7391
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