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HomeMy WebLinkAboutAT & SF Railway Company; 1973-03-16;Form 1617-B Standard (Approved by General Solicitor) Secretary's No. License TO For , Station Division In effect. , 19 Expires on Thirty Days' Notice ..Div. Supt's No £< 8' Chief Engineer's No. Hall 7 69 1M9598 orr ORIGINAL Form 1617-B Standard (Approved by General Solicitor) LICENSE THIS LICENSE, Made as of the between. .day of _. Delaware .corporation (hereinafter called "Licensor"), and CITY OF CARLSBAD, a municipal corporation of the State of California (hereinafter, whether one party or more, called "Licensee"). WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. Licensor hereby licenses Licensee to use, subject to the rights and easements hereinafter excepted and re- served and upon the terms and conditions hereinafter set forth, the land (hereinafter called "Premises") situated at or near..Carlsbad State of-^JSftU&SBiA. dated... she _, County of_JtanJ^ifiKL ; on the print hereto attached, January 23, 1973 January 24 19, .,??.., "Exhibit A" and ., and ending whenmade a part hereof, for a term beginning on. this license shall be terminated as hereinafter provided. , 2. Licensor he'reby excepts and reserves the right, to be exercised by Licensor and by any others who have ob- tained 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 and other facilities of like character upon, over or under the surface of the Premises; and (b) from tune 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 in paragraph 6 hereof. 3. Licensee shall pay to Licensor as compensation for the use of the Premises the sum of— _ One and no/100 .-Dollars <$_l±PJL \QVQj"vifl ,ltt -AflJlMLTl (*Q OJ'il^'i^ intcpvalo. the right to use any improvements now on the Premises shown or described on said Exhibit A i--,^^ „Improvements." Such improvements, if any, together with any other improvemenis-iweatterplaced upon the Premises by or for account of Licensee are hereinafter called "Improveme 5. Licensee shall pay before the same become dejin1gue»t*ainiaxe8, charges, rates, and assessments which may, during the term of this license, be leviedlupojve^aggessedagainst, or be equitably chargeable to or assessed in respect of the Improvements; and whejgjajrguljhtax, rate, charge, or assessment may be embraced in the general amount of taxes charged__ugflB^be*Premises separately or in connection with other property of Licensor and Licensor shall " . Licensee shall promptly repay or refund to Licensor the amount or part of the tax, charge, y-Ofrfoirly apportionoblo to the Improvements,- 6. Licensee shall use the Premises exclusively as a site for public roadway purposes )cing to facilitate th 4ek;-tefef Licensor, and the transaction of buoinooo thoroon. In case Licensee shall use the Premises for any other purpose what- ever than above mentioned, then Licensor may declare this license at an end and prevent Licensee from using or re- maining 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 Lioonooi", oholl paint tho Improvements- with pourta-of-a cater ,,«, *- VrV! i ••' ,i ,-..' „ \ :•4.,' 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 Licensor 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 Improve- ments 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 American Railroads, or any successor 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 original containers, shall be electricity, and such electrical installation and any other electrical installation upon the Premises shall at all times conform to and be 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 authorized 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.seven (7)9. Licensee shall at all tunes keep a space of Jfin$6fcfeet from the nearest rail of any railroad track-entirely clear of structures, material and obstructions of every sort and shall observe an overhead clearance of not less than twenty* five (25) feet above the top of rail; but, ngvoftholooo. Lioonooo moy oroot loading plotiomm ^hiek okollnot bo more than throo (ft) foot and niro fffl innhan higher than tho inn auoh track; ppovidod, however, if by statute or order of competent public authority *it*wfr clearances shall be required, then Licensee shall strictly comply with such statute or order. greater 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 injury to 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 hi this instrument contained, or (e) the sole or contributing acts or omissions of Licensee or the employes, agents, patrons or invitees of Licensee in, on or about the Premises 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. 11. Neither Licensee* nor the heirj^ legal representatives, successors or assigns of Licensee, nor any subsequentassignee, 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 hi 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 hi case of any assignment or transfer of this license 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 constitute a waiver of the right to terminate this license for any subsequent default or defaults. . t**\ntnety(90)14. This license may be terminated at any tune by either party upon titiktOpQKi) 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 hi such notice this license and all rights of Licensee hereunder shall absolutely cease and de- termine; 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 shall 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 92Q0.8 J?JLtxJ»Ujul.?00.*M • horoin provic Licensor the possession of the Premises and shall remove the Improvements and: the state in which they were prior to the construction of the hopjgy^njfl^srsntJ'm^case Licensee shall fail within thirty (30) days after the date of such termmatiojyiu«aa*»^acnfemoval or restoration, then Licensor may, at its election to be exercised wittunJhjrigs-(36)Tdfi!ysThereafter, either remove the Improvements and restore the Premises for the acc^UBtjef-tteen^e^rSndin such event Licensee shall within thirty (30) days after the rendition of bill therefor nrred, OT may take and-hoM fee Improvorofnto oa itoaelo 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 surrendered; 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 tho dots) if lato>) when tbo Improvo- mcnto arc removed and the Promiooo rootorod OP Liooiiaor olooto to tnko and.beid4h»I^pro¥omonto ao ito polo proporty as horoinabovo in paragraph Ifr 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 repre- sentatives, successors and assigns of Licensee, and shall inure to the benefit of the successors and assigns of Licensor. 20. The Improvement of said Street within the portions of the premises occupied by railroad trackage shall conform with plans and specifications approved by the parties hereto* 21. This license is subject to all valid and existing contracts, leases, licenses, conditions, restrictions, easements and encumbrances which may in any wise affect the premises, or the title thereto. 22. This license is given on the understanding that Licensee will hereafter, with- out unnecessary delay, negotiate with Licensor, and any other person, if any, having any right, title or interest in the premises, to agree upon terms and conditions of an easement in form satisfactory to Licensor covering use pf premises for said purpose* IN WITNESS WHEREOF, This license has been duly executed in duplicate by the parties hereto as of the day and year first above written. Approved as to description: THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY By Tta „, ,r B|ipery!scg ci: Contracfe Asst* Gen. Mgr. - Engineering CITY OF CARLSBAD By Its .(Licensee). ji».J; EL': ' ,-. EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA ond SANTA FE RAILWAY COMPANY AND CITY OF CARLSBAD LOS ANGELES, CALIF. JANUARY 23 , 1973 SCALE: 1 IN. TO 100 FT. J. G. FRY CHIEF ENGINEER FIRST <L XING NO. 2 -229.3 ENGR'S STA. 2334+21.8 ; MILE POST 229+1587. 8' I S" rnr 2oo' FOURTH DISTRICT WASHINGTON N^ HCT < 40 > \ \ VV\ : r ' ''-V \ \^ \v 1 1 i 1 L '°x/-P MAIN TRACK 100' TO NATIONAL CITY STREET ><n LEGEND AREA OVER WHICH RIGHT OF ENTRY IS PERMITTED SHOWN SHADED. AT CARLSBAD, SAN DIEGO COUNTY, CALIF.C.E.C.L. NO. 77 - 31386