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Home My WebLink AboutAT & SF Railway Company; 1975-10-16; 148892. . . . ’ ’ :- Duplicate ‘, ‘. ~‘-eg&:.: . I ‘. hP--‘LI- ,’ ‘1 . . *. . . aI PIPE I.dRE LKENSE ‘. 1 : (.I ,(: THIS LICENSE, Made thin 16th -.--.-dayof Octobel? -&!L , a Rela- corporation (hereidte r called “‘LicensoF) , party of the first part, a&d CftrY OF C-m .: - (hereinafter, whether one or mom, u&d “licensee”), par& of the second part WXTNESSETFf, That the parties hereto for the wnsiclerations hereimfk expremed covenant and agrea 88 fouows: 1. Su&ct to the terma and conditions herebfbr set forth, Licemor licenses Licensee toconstrllct ~,~~n~~.---*-------~-~------------------~c__~ ( l)prPeLin ~*~~-I”.-LIIILIIIIICI------.--...... WOW in diameter (her&M&, whether one or more $pe lines, c&d the “PIPE LINE”), across or along the right of way of Licemor at or near the &&ion of @rlshd* Sal-l DieRo cQunt3, calk”orrlia the exact location of the PIPE LINE b&g more~particularly t&own by red cokking npon the’ print hereto attached, No..= 60&-3%&-, dated-- - er 36, 3.975 8 marked “Exhibit A” and made a part hereof. 2. Licensee shall use the PIPE LINE solely for camyixg-kQ~= --m--e ad &all not use it to caxxy any other commodi~ or for any other purpose whstsoever. S. Li~nsee ahaIl pay Licenaor as compensation for this license the sum of- ___________-__ One Hundred Fifty and Kc&O Dollara ($1~.00) - - - - - - - - - - - - - - - - - -_-- ________ --_ ----__ _ -------__ . 4. Licensee shall, at its own cost and subject to the supervision and control of. Licenser’s chief en- gineer, Iocate, construct and maintain the PIPE LINE in such a manner and of sub material that it: will not at any time be a source of danger to or interference Mth the present or future tracks, roadbed and property of Licenser, 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 them after maintained in conformity with the plans and specifications ahown 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, Licenser may, at its option, itself perform such work as it deems necessary for the safe operation of its railroad, and in such event Lxensee agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred by Licenser, but failure on the part of Licenser to perform the obligations of Licensee shall not release Licensee from liabilits hereunder for loss or damage occasioned thereby. 5. Licensee shall reimburse Licenser for any expense incurred by Licenser for false work to sup port Licenser’s tracks and for flagman to rwotect its traffic ‘during installation of the PIPE LINE and for any and all other expense incurred by Licenser on account of the PIPE LIhTE. 6. Licensee shall at all times indemnifv and save harmless Licmsor against an4 pay in full all loss, damage or expense that Licenser may s&a&l, incur or become liable for, resulting in any manner from the constmotlon, 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 pr- dons, (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 Licenser may at its election forthwith revoke this license. 8. THIS LICENSE is given by Licenser 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 pariq stating therein the date that mch tenninstion shah take place, and that upon the termination of this hcense in thia or any other manner herein provided, Licensee, upon demand of &en- sor, shall abandor~ the use of the PIPE LINE and remove the same and restore the right of way and tracks of Licemy to tha mme condition in which they were prior to ihephxing of the PIPE UNE them under. In case Iidcemm shall fail to restore Licenser’s prembes as aforesaid within ten (10) &m after the effective date of termination, $kensor may proceed with such work at the expense of Lim No termination hereof shah release Luxnsee from any liabilie 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 Licenser restored as above provided. 9. IQ the case of the eviction of Licensee by anyone owoing or obtaining title to the premises on which the PIPE LINE is located, or the sale or abandonment by Licenser of said premises, Licenser ~&all not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Lim to Licenser hereunder, except the proportionate papt of any remming rental charge which my have been paid hereunder in advance 10. Any notice hereunder to be given by Licenser to Licensee shall be deemed to be properly served if it be depo&ed in the United St&s Mail, postage prepaid, addressed to Licensee at-_____- LLXKI Ebn Avenue, r=arlsbad, Glifoti 92008. ----_ Any notice to be given hereunder by Licenr~ee to Licenser shall be deemed to he properly served if thi same be deposited in the United States Mail, postage prepaid, addressed to Licensor’s-_-.- SUWrfrrtendaat; -at- Xl.70 Nest Third Street. San B-0, (lkgzlforrlia 92l+lo. ---._--____. 11. In the event that two or more parties execute ti instrument as Licensee, ah the covenants and agreements of License0 parties in this license shall be the joint and several covenants and agreements of such . 12. AIS the covenants and provisions of this instrument‘shall be binding upi; and inure to the b&+ fit of the successors, legal representatives and assigns of the parties to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by I&ten- se+ its sucW legal representatives or assigns, or any subsequent assignee, shall be binding UpOn Licenser without the wrftten consent of. Licenser in each instance. Attached her&o and made a part hereof is Rider ‘,A”, iderrtified by the signature of 3. Rosenbaum, . > ; + : I& l37kNESS WHEREOF, The parties have ~executed this agreement in duplicate the day and year f&&abve*k . . ._ . -. . -. -. - - . _ _ TEjJ AYClLEjOl~~ TOP&l LED S.AET&CF!E EGCtLiiX CCXWANX _ Approved aa to Description : -- Its. Sqervisor of Contract8 I Chief Engineer. cmY GF GAXLSBAD ---LA J . . 1ts w lerk ,’ Supt. File UQ. IJ-l7OU6 R I D E R "A" RIDER TO LICENSE AGREEMENT DATED October 16 , 19 75 BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY and 13. In cases where Licensee is permitted under paragraph 2 hereof to use the PIPE LINE for non-flammable substances, the PIPE LINE shall be constructed, installed and thereafter maintained in conformity with plans and specifications set forth in the American Railway Engineering Association, Specification 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 Licenser'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 Licenser, including plans covering any falsework, bracing or cribbing that may be necessary to use over, under or adjacent to Licenser's track, and no work shall be permitted until said plans and specifications have been approved by Licenser. 1.5. Licensee or Licensee's contractor shall not be permitted to commence work on Licen- sor's right of way without having first received written notification from Licenser's Division Superintendent of permission to proceed. 16. Any contractor or subcontractor performing work on or in connection with the pIpE 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 scope of such contractors' or subcontractors' employment for Licensee. 17. Licensee agrees to furnish and keep in force or arrange to have furnished and keep in force insurance of all kinds and amounts specified below during the initial term of construction of the PIPE LINE and during any subsequent term or terms during 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 Licenser's 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 ($500,000) for all liability arising out of bodily injuries to or death of one person, and, subject to that limit for each person, One Million Dollars ($l,OOO,OOO). 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 ($l,OOO,OOO) 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 policy 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 policy or policies insuring Licensee shall insure Licensee's contractual liabil- ity in favor of Licenser contained in paragraph 6 of the printed provisions of this license. 18. Licensee agrees to furnish or arrange to have furnished to Licenser certificates reflecting the insurance coverage or certified copy of insurance policy, if requested by Licenser, as required by subparagraph (a) of paragraph 17 hereoE. Certificates reflecting the coverage required by subparagraph (a) shall unqualifiedly require 30 days written notice to Licenser of cancellation or modification 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 Licenser that insurance furnished pursuant to paragraph 17 hereof is satisfactory. IDENTIFIED BY //m I C.M. FILE NO.&=-Idz& . . E XH IBlT “A” ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMF’ANY AND CITY OF cAR’SBAD LOS ANGELES, CALIF. J. C. FRY SEPT: /Q, 1975 A GM. -ENGINEERING SCALE: I IN. TO 100 FT. d t Enfem R/w0pp.21174+05.L L M.P. %SO f /962.9 ’ -75 f=-Tu//~r7L,fl -- bfaln 7id /gr,&s.F /i=‘d.co. c-or/ii baJ Me,fj (,-=-our/h D/s +T~‘c f, ---em-\+ &&/J&-~f-- P K 0 < vi DESCRIPTION OF PIPE LINE ON R/w 5 PIPE LINE LOCATED As SHOWN ---p-----p- PIPE CARRIES BASE OF RAIL. PRESSURE SIZE KIND THICKNESS LENGTH TO TOP OF PIPE CARRIER &&- &,& .s?#‘” ,&Z/P A” 35’ - -- e- CASING tirrc /-+wkd- - - -__ -- A /fl CUP-hbQd> C CI k?n D/ky 0 coun7f-y, cQ//;/orn/h C.E.C.L. DRAWING NO. 601- 332 I5 . DIV. DWG. NO.pDIV. f ILE NO.&!!~&?& l B-l.? \ ‘I EXHIBI? “A” - , ‘\, ATTACHED TO CONTRACT BETWtIEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND OTY OF CARLSBAD LOS ANGELES, CALIE J. G. FRY Sn~r. 16,197s A.G.M. -ENGINEERING SCALE: i IN. TO.160 FT. E.few R/W 0,-p. 2~ 74 + 05.1 M.P. 250 c 1962.9 l - I -- ------7 ----/ I DESCRIPTION OF PIPE LINE ON R/W PIPE LINE LOCATED AS SHOWN ---p-----p PIPE BASE OF RAIL CARRIES PRESSURE SIZE KIND THICKNESS LENG TM TO TOP OF PIPE CARRIER & &vtfy A?# l * xi/” &g” 35’ - -- CASING N Or/C /&$4x ____ -- A# /r: Cffr/s bQd, C ian D/‘ey 0 Couejy , Ca//.Kof/r/h C.E.C.L. DRAWING NO. 601- 3 32 15 . DIV. DWG. NO. DIV. FILE NO.&- / 70&4& --- ..-.. ----- -.-. -- --..-_ -.----- .-.~.- Y--k ,+9c2jn 7-P-A/ A .JyCS.F. R4. Cd. f (&,,+A D/s fr1.C I ,$ .( ~ .’ , L : I - . . , . I 8 E q K : P I I I I i I ' ,' , l/IQoqoI • '••.„ • ••• . ->j(--'v'** S-iiiU Fc Q fen. 149* b? PIPE LINE LICENSE THIS LICENSE, Hade tni« 16th d«y of October , 1975 , " 'TOE ATCHISON. TOPEKA AND SANTA FE RAILWAY COMPANY , » 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 WTTNESSETH, That the parties hereto for the considerations hereinafter expressed covenant andagree aa follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct and maintain One «-«.»»-»»»»•»»-.-»•-.-.»»-•»»«-»--•'-«•-— ( 1 ) pipe line. - . Twenty-four (2&) 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 Carlsbad, Sftn Plfigo County, California the exact location of the PIPE LINE being more particularly shown by red coloring upon the* print hereto attached, No.CECL 601-33215 , dated Sepb«nb«tt» 161 1975 ' ' ' , marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying—*®^! and shall not use it to carry any other commodity or for any other purpose whatsoever. 8. Licensee shall pay Licensor as compensation for this license the sum of One Hundred Fifty and NoAOQ 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, 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, witiiin 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. 6. 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 from 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- 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 IB 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 each 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 and tracks 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 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 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 Pt 1170 West Third Street. San Bernardino» California 92A10* 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 upon and inure to the bene- fit of the successors, legal representatives and assigns of the parties to the same extent and effect as the same 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 cade a part hereof is Rider "A", identified by the signature of J. Rosenbaum. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and yearfint above written. • •• - • - - - - • • - — - - - • - -• - THE ATCHISON. TOPEKA AND SAMTA'PE RAILMAY COMPANY (Licensor) Approved as to Description: . -\ _JL_ I L J^ \AS \.__ SuPCErieor of Coptr/cU 1C3TY OF CARLSBAD AI»P»OVED AS TO FO»M ' -• _ _ its Mayortew^z®*^-—^ v j /~ ° Attorney. ^^)^A *•*-* J. * ///. -v its City HPF* Supt. File No. U-17006 (Licensee)