HomeMy WebLinkAboutAT & SF Railway Company; 1972-06-12; 139581San fa Fe (Original Contract No. 139581
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Secrebiy, The A. T. & S. F. Ry. Co. icoska
firm 1458 Standard
(Approved by General Solicitor)
PIPE LINE LICENSE
THIS LICENSE, Made this 12tb_day of Juns , 19J?2_,
between THE ATCHISON.TOPEiai AND SANTA FB RAIB-fAY COMPANY ,
a Delaware— corporation (hereinafter called "Licensor"), party of the first part, and
(hereinafter, whether one or more, called "licensee")* party of the second part l
WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and
agree as follows:
1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct
and
(- - •) pipe line. - -7 ----- , ----------------------- .J=_T --- .'
Ten(TQX-= -.- inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE
LINE"), across or alone the right of way of Licensor at or near the station of Carlsbad, San Diego
£omitZ».fta1 1 fn£nla_ ____ the exact location of the PIPE LINE being more particularly
shown by red coloring upon the print hereto attached, No. L-3-31933 _ , datpH May 31 » 1972
-------- , marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying _ water ____ ____
and shall not use it to carry any other commodity or for any other purpose whatsoever.
3. Licensee shall pay Licensor as compensation for this license the sum of
One Hundred Fifty and No/100 Dollars($150.00)
4. Licensee shall, at its own cost and subject to the supervision and control of Licensor's chief en-
gineer, locate, construct and maintain the PIPE LINE in such a manner and of such material that it will
not at any time be a source of danger to or interference with the present or future tracks, roadbed andproperty of Licensor, or the safe operation of its railroad. In cases where the Licensee is permitted un-
der paragraph 2 hereof to use the PIPE LINE for oil, gas, petroleum products, or other flammable or
highly volatile substances under pressure, the PIPE LINE shall be constructed, installed and there-
after maintained in conformity with the plans and specifications shown on print hereto attached in suchcases, marked Exhibit B and made a part hereof. If at any time Licensee shall, in the judgment of Li-censor, fail to perform properly its obligations under this paragraph, Licensor may, at its option, itself
perform such work as it deems necessary for the safe operation of its railroad, and in such event Licensee
agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred
by Licensor, but failure on the part of Licensor to perform the obligations of Licensee shall not release
Licensee from liability hereunder for loss or damage occasioned thereby. >
5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to sup-
port Licensor's tracks and for flagman to protect its traffic during installation of the PIPE LINE and
for any and all other expense incurred by Licensor on account of the PIPE LINE.
6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss,
damage or expense that Licensor may sustain, incur or become liable for, resulting in any manner fron>
the construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such
foss, damage or expense arising out of (a) loss or or damage to property, (b) injury to or death of per-
eons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind.
7. If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants here-
in contained Licensor may at its election forthwith revoke this license.
8. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition thatthe same may be terminated at any time by either party upon ten (10) days' notice in writing to be servedupon the other party, stating therein the date that such termination shall take place, and that upon the
termination of this license in this or any other manner herein provided, Licensee, upon demand of Licen-
sor, shall abandon the use of the PIPE LINE and remove the same and restore the right of way andtracks of Licensor to the same condition in which they were prior to the placing of the PIPE LINE there-under. In case Licensee shall fail to restore Licensor's premises as aforesaid within ten (10) days after
the effective date of termination, Licensor may proceed with such work at the expense of Licensee. Notermination hereof shall release Licensee from any liability or obligation hereunder, whether of indem-nity or otherwise, resulting from any acts, omissions or events happening prior to the date the PIPE
LINE is removed and the right of way and track of Licensor restored as above provided.
9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises onwhich the PIPE LINE is located, or the sale or abandonment by Licensor of said premises, Licensor shall .not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by .
Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may
have been paid hereunder in advance.
10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served
if it be deposited in the United States Mail, postage prepaid, addressed to Licensee at
3L3QQ Elm Avenue f CarlsbadTCalifornia 92008 •> >
Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the
same be deposited in the United States Mail, postage prepaid, addressed to Licensor's :
Superintendent nf ' 1170 West Third Street. San Bernardinof
California 92/J.O. _
11. In the event that two or more parties execute this instrument as Licensee, all the covenants andagreements of Licensee in this license shall be the joint and several covenants and agreements of such
parties. ,.'•"'
12. All the covenants and provisions of this instrument shall be binding upon and inure to the bene-
fit of the successors, legal representatives and assigns of the parties to the same extent and effect as thesame are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licen-see, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding uponLicensor without the written consent of Licensor in each instance.
Attached hereto and made a part hereof is Rider "A" identified by the signature
of Lpyde G.Holt.
— IN WITNESS WHEREOF, The .parties have executed this agreement in duplicate the day and year
first above written.
By.
Approved as to
THE ATCKISON.TOFEKA AND SANTA FE RAHMAY. COMPANY
Margaret/ E. Adams', 'Ci.ty Clerk
"CUT OF CARLSBAD
APPROVED AS TO FORM
&t£jxd&
GENERAL ATTORNtV
Approved:
Its
Its
//^ Stioarintendant\^/
Supt.File No.S-43034
(Licensee)
•.-.'•• . ._ . R I D E R "A» '"- ''" ' ' '•'">;'•• fj ,',-,..
RIDER TO LICENSE AGREEMENT DATED June 12 , 19 72 BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
and
CITY OF CARLSBAD.
13. In oases where Licensee is permitted under paragraph 2 hereof to use the PIPE LUiE for non-flamnable substances, the
LIKE shall be constructed, Installed and thereafter maintained in conformity with plans and specifications set forth In the
American Railway Engineering Association, Specifioation for Pipe Line Crossings under Railway Track for non-flammable substances,Revised 1964., or Specification for the placement of Concrete Culvert Pipe, Revised 1966, whichever may apply.
14. Any work performed on Licensor's right of way by Licensee or Licensee's contractor shall be done In a satisfactory
workmanlike manner and In accordance with plans and specifications approved by Licensor, including plans covering any falsework,
braolng or cribbing that may be necessary to use over, under or adjacent to Licensor's track, and no work shall be permitted until
said plans and specifications have been approved by Licensor.
15. Licensee or Licensee's contractor shall not be permitted to commence work on Licensor's right of way without baring
first received written notification from Licensor's Division Superintendent of permission to proceed.
16. Any contractor or subcontractor performing work on or in connection with the PIPI LINE shall for the purposes of
this agreement, and particularly for the purposes of Section 6 of this agreement, be conclusively deemed to be the servant and
agent of Licensee acting on behalf and within the soope of such contractors' or subcontractors1 employment for License*.
17. Licensee agrees to furnish and keep in force or arrange to have furnished and keep In foroe Insurance of all kinds
and amounts specified below during the initial term of construction of the FIFE LINE and during any subsequent term or terms dur-
ing which maintenance is performed on the PIPE LINE.
(a) The Licensee shall, with respect to the operations which it performs upon, beneath or adjacent to Licensor's right
of way and/or track, furnish or arrange to have furnished (i) regular Contractors' Public Liability Insurance with limits of not
lass than Five Hundred Thousand Dollars ($500,000) for all liability arising out of bodily Injuries to or death of one person, and,
subject to that limit for each person, One Million Dollars ($1,000.000) for all liability arising out of bodily Injuries to or
death of two or more persons in one accident or occurrence and (ii) regular Contractors' Property Damage Liability Insurance with
limits of not less than One Million Dollars ($1,000,000) for each occurrence for all liability arising out of damage to or loss or
destruction of property. Licensee and all its contractors and subcontractors shall be named insureds either in a single polioy of
insurance complying with the requirements of this subparagraph (a) or in separate policies maintained during such periods as such
contractors and/or subcontractors shall perform any work hereunder. The polioy or policies Insuring License* shall Insure Licen-
see's contractual liability in favor of Licensor contained in paragraph 6 of the printed provisions of this license.
(b) The Licensee shall, with respect to the operations It or any of its contractors or subcontractors perform upon, be-
neath or adjacent to Licensor's right of way and/or track, furnish or arrange to have furnished la Licensor's favor (1) polioy or
policies of insurance satisfactory to Licensor which shall protect Licensor against liability for Injuries to or death of person
or persons, INCLUDING LICENSOR'S EMPLOYEES, occasioned by or resulting, in whole or In part, from the operations of the Licensee
or any of its subcontractors, on or contiguous to Licensor's property (except liability due solely to Licensor's negligence), with
Units of not less than Five Hundred Thousand Dollars ($500,000) for all damages arising out of bodily Injuries to or death of on*
person and subject to such limitation, One Million Dollars ($1,000,000) for all damages arising out of bodily injuries to or death
of two or more persons In any one accident or occurrence; and (ii) policy or policies of Insurance satisfactory to Licensor which
will protect Licensor against liability for damage to or loss or destruction of property, including property In Licensor's care,
custody or control, occasioned by or resulting, in whole or in part, from the operations of the Licensee, its contractors or sub-
contractors (except liability due solely to Licensor's negligence) with limits of not less than One Million Dollars ($1,000,000)
for each occurrence.
13. Licensee agrees to furnish or arrange to have furnished to Licensor certificates reflecting the insurance coverage
or oertifiad copy of Insurance polioy, if requested by Licensor, as required by subparagraph (a) of paragraph 17 hereof and to
furnish, or arrange to have furnished, the original polioy required by subparagraph (b) of paragraph 17. Certificates reflecting
the coverage required by subparagraph (a) shall unqualifiedly require 30 days written notice to Licensor of cancellation or modi-
fication of the Insurance referred to in such certificates.
19. Licensee shall not be permitted to exerols* the lioense and permission granted hereunder until notified by the
Licensor that Insurance furnished pursuant to paragraph 17 hereof is satisfactory.
20. This license supersedes and cancels license dated December 10,1938jknown
in the files of Licensor as contract,Secretary's No.40300. and Supplement "A"
dated June 24,1963 known as contract,Secretary's No.40300-A.
XDENTIFESD HT
EXHIBIT "A"S-43034-
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON. TOPEKA AND SANTA FE RAILWAY COMPANY
AND
CITY OF CARLSBAD
SAN BERNARDINO. CALIF.DESCRIPTION CORRECT
>v MAY 31 , /97Z
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DESCRIPTION OF PIPE LINE UNDER TRACK
CARRIER PIPE
CARRIES PRESSURE •:
WATER 9OP.S.X- 10"
CASING
LENGTH
So.o"
SIZE
KIND
A-c.
PIPE
THICKNESS
GROUND
COVER
3-0 '
TU\CU.MtSS
0.96, "
BASE C
TO TOP OF PIPE
7.0'
PIPE IS LOCATED AS SHOWN IN RED
C ARUS DIVISION ENGINEER'S DRAWING NO. L-3-3/933
C.E.C.L.. 230 -/Z303 -23