HomeMy WebLinkAboutAT & SF Railway Company; 1981-04-01; 162808Santa Fe Original
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PIPE LINE LICENSE
THIS LICENSE, Made this-&~.- --day of___-_A~~~I____--_--~~..-..~.~_~-,---_, 19ivL-,
between_---_. T'jE ATCHISGN TOPEKA AND SANTA FE RAILWAY COMPANY .!. .-_--- - .--- ---..a ---- -.---..-I ____1__.____1______1_______I_ - ,
Delaware a---- __-_________-_. ____.._._ -- _______ corporation (hereinafter called “LicensoI’), party of the first part, and CITY OF CARLSBAD, a municipality in the State of California --------I-- -_-_ -----.. - --...- _-- -______________- --- ._-- -~ ..-_. _-- ____---___ - __---- - . ..__.. -._------
_.-.--- ------------;--es--- --_---_ .----_-_-- ----. __-_----.-_-_-^_------ (hereinafter, whether one or more, called “licensee”), par@ 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, Licenser licenses Licensee to construct
and maintain--- ____ Q!X%----- I ._ ____---- ---- --__---____---
( 1 ) pipe line!---, --thMY-six-- - :------------ -------_- &-------..;-
___- _____ 13.51 --inches in diameter (hereinafter, whether one or more pipe lines, called the “PIPE
LINE”), across or along the right of way of Licenser at or near the station of .___ &K!Z- __-___-
San DiegoCounty, Cajifornia, .-----I----- -- -the exact location of the PIPE LINE being more particularly
shown m upon the print hereto attached, No.~~~Iz~~~~~----, dated.---~~~~~-~~~
March 30 1981 & revised-A?x%l, 21, 1981 _-.------t- --, marked *‘Exhibit A” and made a part hereof.
2. Licensee shall use the PIPE LINB solely for carqing -!!!?&!X- _I_.______ --_____
_-_-----_ _-.------ ---- ---B-e- -------- _-l_---___-___--_ and shall not use it to carry any other commodity or for any other purpose whatsoever.
3. Licensee shall pay Licenser as compensation for this license the sum of-. . . ..__-__. __--_- ______
One Hundred Fifxgnd No/100 Dollars ($150.00) -_-_-- --__--_y_
._._ -___--_-___-_-------- ---- ---_--_---_-_
4. Licensee shall, at its own cost and subject to the supervision and control of Licenser’s chief engineer, 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 Licenser, or the safe operation of its railroad. In cases where the Licensee is permitted under 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 thereafter 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 Licenser, fail to perform properly its obbgations under this paragraph, Li- censor 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 Licenser, but failure on the part of Licenser to per- form the obligations of Licensee shall not release Licensee from liability hereunder for Ioss or damage occasioned thereby.
5. Licensee shall reimburse Licenser for any expense incurred by Licenser for false work to support Licenser’s tracks and for flagman to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licenser on account of the PIPE LINE.
6. Licensee shall at all times indemnify and save harmless Licenser against and pay in full all loss, damage or expense that Licenser may sustain, incur or become liable for, resulting in any man- ner 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 of or damago to property, (b) injury to or death of persons, (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 herein contained Licenser may at its election forthwith revoke this license.
t 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 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 de mand of Licenser, shall abandon the use of the PIPE LINE and remove the same and restore the right of way and tracks of Licenser to the same condition in which they were prior to the placing of the PIPE LINE thereunder. In case Licensee shall fail to restore Liconsor’s premises as aforesaid within ten (10) days after the effective date of termination, Licenser may proceed with such work at the expense of Licensee. No termination hereof shall release Licensee from any liability or obligation here- under, whether of indemnity 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. 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 Licenser of said premises, Licenser shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licenser 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 Llcensor 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 9200&--- _....----__--_-___.._--------- .--A------- -..- ----a- -___---------- --- ---. - ____ ---------. Any notice to be given hereunder by Licensee to Licenser shall be deemed to be properly served if the
same be deposited in the United States Mail, postage prepaid, addressed to Licenser’s_--.--..-__--._----
.&~wx&l~na~t=----- - ---at 5200__~=~~~~-~~~-----~-~
.-_-_--P--_-_---- Los Anqel_es, CA 90040
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 benefit 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 Licensee, its successors, legal representatives or assigns, or any subsequent assignee, shall be bind- ing upon Llcensor without the written consent of Licenser in each instance.
Attached hereto and made a part hereof is Rider "A", consisting of Paragraphs 13 through 20, identified by the signature of J. H. Schwartz.
IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written.
THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY _.-.------------~--------- --------_. (Licenser)
Approved as to Description:
A!~~~~~---~- -_______-_____ - ___- -- -.._- --- Chief Engineer.
Ite----~-------------I- - -_____________
CITY OF CARLSBAD -__-- ------ *-__----------------------- II __ '- 2
C<.( By /L XL d' ---_____-_ -_-^------___--------
______ Its--/Irlk~~!-~___~--.----------
. . ..--_.--_----_--_-__“~~---~ -_-----___- (Licensee)
RIDER "A"
RIDER TO LICENSE AGREEMENT DATED APRIL 1, 1981, BETWEEN
THE ATCHISON, TOPEKA AND SAXTA FE RAILWAY COMPANY
and
CITY OF CARLSBAD
.
13. In cases where Licensee is permitted under Section 2 hereof to use the PIPELINE for
nonflammable substances, the PIPELINE shall be constructed, installed and thereafter
maintained in conformity with plans and specifications set forth in the American
Railway Engineering Association, Specification for Pipeline 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.
15. Licensee or Licensee's contractor shall not be permitted to commence work on said
Licenser'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 PIPELINE shall for the purpose 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 contractor's or subcontractor's 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 PIPELINE and during any subsequent term or terms during which
maintenance is performed on the PIPELINE.
(a) Licensee shall, with respect to the operations which it performs upon, beneath
or adjacent to Licenser's right of way and/or track, furinsh 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 ot 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 subsection (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 liability in favor of Licenser- contained in Section 6 of
this license.
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(b) Licensee shall, with respect to the operations it or any of its contractors or
subcontractors perform upon, beneath or adjacent to Licenser's right of way
and/or track, furnish or arrange to have furnished in Licenser's favor (i) policy or policies of insurance satisfactory to Licenser which shall protect
Licenser against liability for injuries to or death of person or persons,
INCLUDING LICENSOR'S EMPLOYES, occasioned by or resulting, in whole or in part, from the operations of Licensee or any of its subcontractors, on or contiguous to Licenser's property (except liability due solely to Licenser's negligence), with limits of not less than Five Hundred Thousand Dollars ($500,000) for all
' damages arising out of bodily injuries to or death of one person and, subject
to such limitation, One Million Dollars ($l,OOO,OOO) 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 Licenser which will protect Licenser against liability for damgae to or loss or destruction of property, including property in Licenser's care, custody or
control, occasioned by or resulting, in whole or in part, from the operations
of Licensee, its contractors or subcontractors (except liability due solely to Licenser's negligence) with limits of not less than One Million Dollars
($l,OOO,OOO) for each occurrence.
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 subsection (a) of Section 17 hereof, and to
furnish, or arrange to have furnished, the original policy required by subsection (b) of Section 17. Certificates reflecting the coverage required by subsection (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 Licenser that insurance furnished pursuant to Section 17 hereof is satisfactory.
20. Licensee warrants that Licensee has succeeded all of the rights and interests of
Paul Ecke in contract No. 55750 and agrees to indemnify and save harmless Licenser against all loss, damage or expense which Licenser may sustain, incur or become liable for, directly or indirectly, on account of any claims, demands, actions or causes of action whatsoever of Paul Ecke, or anyone claiming by, through or under him, whether as his, successor, heirs, creditors, assignees or otherwise, under contract No. 55750. Said contract is hereby terminated as of the date of this agreement.
Identified by
M91/50064F
U.M. rlLC I.“. l a-*- 1 --at l
,- .
LI a. EXHIBIT “A”
IJ ’ ‘ ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
C\TV OF= CPhRLSOAD
LOS ANGELES, CALIF.
//lff~-2~ _
ToLrvErR MchFICL-5 30, rc\E!j\ kk?- ENGINEERING hr &i&?D f?h?l~ zi, /w SCALE: 1 IN. TO \cm FT. Det~\e-r\ON neeROVer=
SirORIv’, 04a\w
E.5. 22\5+ 26.3
r-5.P. 23\ + 2908.\
DESCRIPTION OF PIPE LINE UNDER TRACK
PIPE LINE LOCATED AS SHOWN==========
PIPE BASE OF RAIL
CARRIES PRESSURE SIZE KIVD THICKNESS LENGTH TO TOP OF PIPE go& CARRIER m +?AW/W 9.c e 36” MIN. 4” loQ.8’t’ 5’
CASING ,a, -I_
SRN D\SCQ ‘ZXshbi~‘?, CeL.\F. C.E.C.L. DRAWING NO. 601- 402r2
DIV. DWC. NO.pDlV. PILE NO.
SuuuJPe OiiContract No..
RETURN TO
, The A.T. * S.F. RY. CO.
farm 1658 Standard
(Approved by General Solicitor)
PIPE LINE LICENSE
BO-70015
THIS LICENSE, Made this_.l_st day of April , 19.81_...
between. THE ATCHISCN. TOPEKA AND SANTA FE RAILWAY COMPANY ,
a J?e.laware corporation (hereinafter caUed "Licensor"), party of the first part, and
CITY OF CARLSBAD, a municipality in the State of California
(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 one
( 1 ) pipe line , thirty six
_________ (.36) __ 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 ____ Ea.rili ------
San Diego County, California. «.««««* location of the PIPE LINE being more particularly
shown by feA.sslsrinf upon the print hereto attached, No — 60_1^4Q2_12. ---- , dated
March 30, 1981 & revised April 21. 1981 _ t 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.
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 chiefengineer, locate, construct and maintain the PIPE LINE in such a manner and of such material thatit 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 Licenseeis permitted under 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 thereafter maintained in conformity with the plans and specifications shown on printhereto attached in such cases, marked Exhibit B and made a part hereof. If at any time Licenseeshall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, Li-censor 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 per-
form the obligations of Licensee shall not release Licensee from liability hereunder for loss or damageoccasioned thereby.
5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work tosupport Licensor's tracks and for flagman to protect its traffic during installation of the PIPE LINEand 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 man-
ner 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 of or damage to property, (b) injury to or
death of persons, (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
herein 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 de-
mand of Licensor, 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 thereunder. 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 here-
under, whether of indemnity 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:
A2QP_E.lmJt^uiLu£a!^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
.^MLaJLtkoaser »t 5200 E. Sheila Street '.
Los Angeles. CA 9004Q
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
benefit 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 Licensee, its successors, legal representatives or assigns, or any subsequent assignee, shall be bind-
ing upon Licensor without the written consent of Licensor in each instance.
Attached hereto and made a part hereof is Rider "A", consisting of Paragraphs 13
through 20, identified by the signature of J. H. Schwartz.
IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and
year first above written.
THE ATCHISON. TOPEKA AND SANTA FE RAILWAY COMPANY (Licensor)
Approved as to Description:
By
$JMJ___ - "7H*v4^-
Chief Engineer.
PPROVED AS,TOlrji,,v( - CITY OF CARLSBAD
' ,'>
ieneral Attorrtay f / By
Its
(Licensee)