HomeMy WebLinkAboutAT & SF Railway Company; 1972-10-12; 140466fern 1638 Standard
(Approved by Geiwral Solicitor)
PIPE LINE LICENSE
THIS LICENSE, Made this 12tk day of .October _, 19-22L,
THE ATRHISCHjTOPEKA AND SAMTA FE RAIIMAY CCKPAMY ,
a Dei avare corporation (hereinafter called "Licensor"), party of the first part, and
CITY OF CABLSBAD
(hereinafter, whether one or more, called "licensee"), party of the second part.
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 maintain X_---~--~-~-~- -.__.. - -..-..- , - - -. ~ - -.-..--
(- - > pipe line_=^.T Twenty-
-Four (24) «L-«-inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE
LINE"), across or along the right of way of Licensor at or near the station of Farr> San ,Diego
-County tCali.fomi.a the exact location of the PIPE LINE being more particularly
shown by red coloring- upon the print hereto attached, No. JLe=3=32121 , dated October 6,>1972-
, marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying gtorm and runoff 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
On* Hundred Fifty and Nn/IQQ p^Tl^($1,5QfQQ)
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 sucih material that it will
not at any time be a source of danger to or interference with the present or future tracks, roadbed and
property 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 such
cases, 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 crotect 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 from
the construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such
loss, damage or expense arising out of (a) loss or or damage to property, (b) injury to or death of per-
sons, (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. No
termination 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 on
which the PIPE LINE is located, or the sale or abandonment by Licensor of said premises, Licensor shallnot be liable to Licensee for any damage of any nature whatsoever or to refund any payment made byLicensee 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
1200 Elm Avenue , Carlsbad , California 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 af.H70 West Third Street» San Bernardino,
California 92^10. .
11. In the event that two or more parties execute this instrument as Licensee, all the covenants and
agreements 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 upon
Licensor without the written consent of Licensor in each instance.
Attached hereto and made a part hereof is Rider "A" identified by the signature
of Loyde G.Holt.
IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and yearfirst above written.
'. THE AJCHISQNjTQFEKA. AMD jgAflTA FF. RATLW&Y COMPANY (Licensor)
Approved as to Description: _, / 'V-/ o
Assistant to Genera! Manager
Chief Engineer.
(Licensee)
Supt. File No.S-43063
EXHIBIT 'A'
ATTACHED TO CONTRACT BETWEE. -
THE .ATCHISON. TOPEKA AND SANTA FE RAILWAY COMPANY
AND
CITY OF CARLSBAD
SAN BERNARDINO. CALIF.
OCTO&EK 6, J972
DESCRIPTION CORRECT
JT.W CON ROY
DIVISION ENGINEER
«t 24" STORM DRAIN
E S 2224+61.4-
M.R 23/^/973.0
£><&r.
DESCRIPTION OF PiPc Li ME UNDER TRACK
CARRIER PIPE
K'.NPCARSii'es \y^essUR6\Size
RUNOFF ^XftTfR \ QRAVITf \ 2.4-"
\
\ \
NOTE = RCP 15 CLASS V/.WALL "8' , CON TOR M!
SPEC; P; CATIONS C-76-66-T
PIPE ISLOCAl^EDAS ShOWf, ,;, REP.
NCAA PAKR
SAN DicsoCoc>NT\
3ASb~ OF R
OF p[f>
,
/;. r., ASTM
DIVISION ENGINEER s DRAWING No. L.-3--
CECu 24o-2.Ot.cn
R I U E R »A*
t "
RIDER TO LICENSE AGREEMENT DATSI/ October 12 19.22™ BEiWEBT
THE ATCHISON, TOPEKA AND SANTA FK RAILWAY COMPANX
and
CUX OF .CARLSBAD.
13. In oases whore Licensee IB permitted under paragraph 2 hereof to use the FIFE LINK for non-flaJBuhle substances. th«
JUE LIBS shall be oonstruoted, Installed and thereafter maintained ID conformity with plans and specifications set forth ID the
American Railway Engineering Association, Specifioatlon for Pipe Idee Crossings under Railway Track for non-flamable substance!,
Hotiaed 196^, or Specification for the placement of Concrete Culvert Pipe, Revised 1966, whichever 1017 apply.
H« Any work performed on Licensor's right of way by Licensee or Licensee's oootractor shall be done in a satisfactory
vorkntnlike Banner and ID accordance with plans and specifications approved by Licensor, including plans covering any falsework,
bracing or cribbing that nay be necessary to use over, under or adjacent to Licensor's track, and no work shall be permitted until
amid 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
flrat received written notification from Licensor's Division Superintendent of permission to proceed.
16. Any contractor or subcontractor performing work oa or in connection with the PIPE LIKE atoll for the purposes of
tola agreement, and particularly for the purposes of Section 6 of this agreement, be conclusively deemed to be the servant aod
agent of Licensee acting on behalf and within the socpe of such contractors' or aubeoutraotora' employment for Licensee;.
17. Licensee agrees to furnish and keep in force or arrange to have furnished and keep in foroe insurance of all kinds
and anoonta specified below during the Initial term of construction of the PIPE LINE and during any subsequent tern or terms dur-
ing which maintenance is performed oa the PIPE LINE.
(a) The Licensee shall, with respect to the operations which it performs upon, beneath or adjacent to Licensor'a right
of way and/or track, furnish or arrange to have furnished (i) regular Contractors' Public Liability Insurance with limits of not
less than Five Hundred Thousand Dollars ($500,000) for all liability arising out of bodily injuries to or death of one person, and,
subjeot to that IJait for each person, One Hillion Dollars ($1,000.000) for an liability arising out of bodily injuriea 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 lesa than One Million Dollars ($1,000,000) for eaoh occurrence for all liability arising out of damage to or loss ot
destruction ot property. Licensee and all its contractors and subcontractors shall be named insureda either in a single policy of
insurance complying with the requirements of this subparagraph (a) or in separate policies maintained during auoh periods as suoh
Contractors and/or subcontractors shall perform any work hereunder. The policy or policies insuring Licensee 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 in Licensor's favor (i) policy or
policies of insurance satisfactory to Licensor which shall protect Licensor against liability for injuries to or death of person
or peraona, 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
limits of not lesa than Five Kindred Thousand Dollars ($500,000) for all damages arising out of bodily Injuries to or death of one
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 °are.
custody or control, occasioned by or resulting, in whole or la part, from the operations of the Licensee, its contractors or auo-
eontractora (orcept liability due solely to Licensor's negligence) with limits of not lesa than One Million Dollare ($1,000,000)
for eaoh occurrence,
IS. Lioenaee agrees to furnish or arrange to have furnished to Licensor certificates refleoting the insurance coverage
or certified copy of insurance policy, if requested by Licensor, as required by subparagraph (a) of paragraph 17 hereof and to
furniah, or arrange to have furnished, the original policy required by subparagraph (b) of paragraph 17. Certificates refleoting
the coverage required by aubparagraph (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 exercise the license and permission granted hereunder until notified by the
Licensor that insurance furnished pursuant to paragraph 17 hereof is satisfactory.
IDENTIFIED EOT
to
T, \ t» » «^ r *"* » ^^ TAn0_________ S*A. ,. ft 0. F. .;.-.. I«PC«a,u Tc Or-I^l
Fort* 1658 Standard
: (Approved br G«iwral Solicitor)
PIPE LINE LICENSE
THIS LICENSE, Made «H« 12th day of October , 19-Z2L,
THE ATCHISCH.TOPEKA. AMD SAIiTA ES HAffiJAl COMPalg ,
a Delaware corporation (hereinafter called "Licensor"), party of the first part, and
CITY OF CARLSBAD
•
(hereinafter, whether one or more, called "licensee"), party of the second part
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 maintain !--»-.•»»»••.•.•-«»_ •-•«•«••-«•»•-••'• - - »-.---
e - * pipe line_^L_7 - ^Twenty-
Four.. (?/i X-^-^-inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE
LINE"), across or along the right of way of Licensor at or near the station of Farrj San Diego—_
County tCalAToraia the exact location of the PIPE LINE being more particularly
shown by red coloring upon the print hereto attached, No. L-2-321?l f dated October 6,1972
, marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying atora and runoff 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 and
property 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, gaa. 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^ 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 fromthe construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such
Toss, damage or expense arising out of (a) loss 01 or damage to property, (b) injury to or death of per-
sons, (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 that
the same may be terminated at any time by either party upon ten (10) days' notice in writing to be served
upon 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. No
termination 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 PIPELINE 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
1200 Elm Avenuef Carlsbad, California 92008. __, 1_.
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 ^f.1170 West Third Streetj San Bernardino>
California 92/J.Q. -
11. In the event that two or more parties execute this instrument as Licensee, all the covenants and
agreements of Licensee in this license shall be the joint and several covenants and agreements of suchparties.
12. All the covenants and provisions of this instrument shall be binding npon 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 Loyde G.Holt. ,
IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and yearfirst above written. " "
THE ATCHISCKfTCPEffil AND 'SAlJTA RS RAILWAY COMPACT .(Licensor)
Approved as^to Description:
\/f^S /1/3/7 2.
By.
Y / *&/ 'Cnief Engineer.
/j^ Assistant to General M.iftagcr
CITY OF CAELSBAD
Attorney (
Supt. Pile No.S-J^3063