HomeMy WebLinkAboutAT & SF Railway Company; 1983-06-29; 169441BQ-70201-25
PIPELINE LICEHSE
THIg LICENSE, Made this 29th day of June 1983, between T’HE ATCHISON, MPJXA
AND SANTA FE RAILWAY Gy)#PAWT, a Delaware corporation (hereinafter called
o’Licensor’q), party of the first part 5 and CIm 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, Licenser licenses
Licensee to construct and maintain one (1) pipeline, 72 inches, 66 inches and
36 inches in diameter (hereinafter, whether one or more pipelines, called the
“PIPELINE”), across or along the right of way of Licenser at or near the Station of
Carlsbad, County of San Diego, State of California, the exact location of the
PIPELINE being more particularly shown upon the print hereto attached,
No. 350-41677, dated June 11, 1982, marked “Exhibit A” and made a part hereof.
2. Licensee shall use the PIPELINE solely for carrying storm water 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 Two Hundred
Fifty and No/100 Dollars ($250.00).
4. Licensee shall, at its own cost and subject to the supervision and control of
Licenser’s Assistant General Manager-Engineering, locate, construct and maintain the
PIPELXNE in such a manner and of such material that it will not at any time be a
source of danger ta 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 Section 2 hereof to use the PIPELINE for oil, gas,
petroleua products, or other flammable or highly volatile substances under pressure,
the PIPELINE shall be constructed, installed and thereafter maintained in conformity
with the plans and specifications shown on print hereto attached in such cases,
marked “Exhibit 3” and made a part hereof. If at any time Licensee shall, in the
judgment of Licenser, fail to perform properly its obligations under this Section,
Licenser may, at its option, itself perform such work as it deems necessary for the
safe operation of its railroad, and in such @vent Licensee agrees to pay, within
fifteen (15) days after bill shall have been rendered thersfor, the cost so incurred
by Licenser , but failure on the part of Licenser to perform the obligations of
Licensee shall not release Licensee from liability hereunder for loss or damage
occasioned thereby.
5. Licensee shall reimburse Licenser for any expense incurred by Licenser for falsework
to support Licenser’s tracks and for flagman to protect its traffic during
installation of the PIPELINE and fur any and all other expense incurred by Licenror
on account of the PIPELINE.
Rev. 9/82 ( 1658/M91) -l-
. I’ ,w -
6. Licensee shall at all times indemnify and save harmless Licemor against and pay in
full all loss, damage or expense that l&censor may sustain, incur or become liable
for, resulting in any manner from the construction, nmintenance, use, state of
repair, or presence of the PIPELINE, 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.
8. THIS LlCEWSg is given by Licenser and accepted by Licensee upon the express
condition that the saw may be terminated at any tire 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 Mnner herein provided, Licensee, upon demand of
Licenoor + &hall abandon the use of the PIPELINE 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 PIPELINE thereunder. In case Licensee shall fail to restore
Licenser’s praises as aforesaid within ten (10) daye after the effective date of
termination, Licenser lasy proceed with such work 8t the expense of Licessce. No
terraination hereof shall release Licensee from any liability or obligation
hereunder, whether of indemnity or otherwise, resulting from any Bets, missions or
events happening prior to the date the PIPELINE is removed and the right of way and
track of Licenser restored 8s 8boVe provided.
9. In the case of the eviction of Licensee by anyone owning or obtaining title to the
premises on which the PIPELINE is located, or the sale or abandonment by Licenser of
said preiaimres, Licenser shall not be liable to Licensee for any damage of any nature
whatsoever or to refund any papent made by Licensee to Licenser hereunder, except
the proportionate part of any recurring rental charge which may have been paid
hereunder in advance.
10. All notices to be given hereunder shall be given in writing, by depositing same in
the United States mail duly registered or certified, with postege prepaid, and
addressed to the Licensee or Liceasor as the case may be at tht address shown on the signature page hereof, or addressed to such other address 8a the parties hereto may
from time to time designate.
11. In the event that two or more perties 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 a8 the sage are binding upon and inure to the bentf it
of the parties hereto, but no assignment hereof by Licensee, its successors, leg81
representatives or 8ssi@m, or any subsequent assignee, shall be binding upon
Licenser without the written consent of Licenser in each instmce.
13. Notwithstanding any other provisions of this License, Licensee shall comply with all
statutes, ordinances, rules, regulations, orders and decisions (hereinafter referred
to as “Standards”)) issued by any federal, state or local governmental body or
agency established thereby (hereinafter referred to as “Authority”), relating to
Rev. 91’82 (1658/H91) -29
Licensee’ s use of Licenser ’ s property hereunder. In its use of She premises,
Licensee shall at all times be in full compliance with all Standards, present or
future, set by any Authority, including, but not limited to, Standards concerning
air quality, water quality, noise, hazardous substances and hazardous waste. In the
event Licensee fails to be in full compliance with Standards set by any Authority,
Licenser my, after giving reasonable notice of the failure to Licensee, and
Licensee n within thirty (30) days of such notice, fails either to correct such
noncolspliance or to give written notice to the Licenser of its intent to contest the
allegation of noncompliance before the Authority estsblishing the Standard or in any
other proper forum, take whatever action is necessary to protect the premises and
Licenser’s railrosd and other adjacent property. Licensee shall reimburse the
Licenser for all costs (including but not limited to, consulting, engineering,
clean-up and disposal costs, and legal costs) incurred by the Licenser in complying
with such Standards, and also such costs incurred by the Licenser in abating a
violation of such Standards, protecting against a threatened violation of such
Standards, defending any claim of violation of such Standards in any proceeding
before any Authority or court, and paying any fines or penalties imposed for such
violations. Licensee shall assuope liability for and shall save and hold harmless
the Liceasor from any claim of a violation of such Standards regardless of the
nature thereof or the Authority or person asserting such claim, which results fras
Licensee’s use of Licenser’s premises, whether such claiw arises in whole or in part
from the negligence or alleged negligence of the Licenser or otherwise. Licensee,
at its cost, shall assume the defease of all such claims regardless of whether they
are asserted against Licensee or Licenser.
Upon written notice from Licenser, Licensee agrees to assume the defense of any
lawsuit, administrative action or other proceeding brought against Liceasor by any
public body, individual, partnership, corporation, or other legal entity* relating to any matter covered by this License for which Licensee has an obligation to assume
liability for and/or to save and hold harmless the Licenser. Licensee shall pay all
the costs incident to such defense, including, but not limited to, attorneys’ fees,
investigators fees, litigation expenses, settlewent payments, and amounts paid in
satisfaction of judgments. Any and all lawsuits or administrative actions brought
or threatened on any theory of relief available at law, in equity or under the rules
of any administrative agency shall be covered by this Section, including, but not
liwi ted to, the theories of intentional misconduct, ncgfigeace, breach of statute or
ordinance, or upon any theory created by statute or ordinance, state or federal.
14. In cases where Licensee is permitted under Section 2 hereof to use the PIPELlNE for
nonf lanmable substances, the PIPELINR 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 Ron-Hamamble Substences, Revised 1964, or Specification for the Placement
of Concrete Culvert Pipe, Revised 1966, whichever may apply.
15. Any work performed on Licenser’ 8 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 Liceusor .
Rev. 9/82 (1658/H91) -3-
.
16. Licensee or Licensee's contractor shall not be permitted to commence work on said
Licenser's right of way without hsving first received written notification from
Licenser's Division Superintendent of permission to proceed.
17. 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.
18. Licensee agrees to furnish and keep in force or arrange to have furnished and keep
in force insurance of all kinds and arsounts 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 PIPELIME.
((8)
(b)
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 Iasuraoce with limits of
not less than Five Hundred Thousand Dollars ~$500,000) for all liability
arising out of bodily injuries to or death of one person and, subject to that
limit for each person, One Million Rollars ($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 dataage 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.
Licensee shall, with respect to the operations it or any of its contractors or
subcontractors perform upon, beneath or adjacent to Licensor's right of way
and/Or track, furnish or arrange to have furnished in Licenser's favor‘ti)
policy or policies of insurance satisfactory to Licenser which shall protect
Licenser against liability for injuries to or death of person or persons,
INCLUDING LICENSOB'S EWLOXES, 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; sod (ii) policy or policies of insurance satisfactory to
Licenaor which will protect Licenser against liability for damage 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,OUO,OOO) for each occurrence.
Rev. 9/82 (1658/M%) -4-
19.
20.
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 18 hereof, and to
furnish, or arrange to have furnished, the original policy required by
Subsection (b) of Section 18. Certificates reflecting the coverage required by
Subsection (a) shall unqualifiedly require thirty (30) days’ written notice to
Licenser of cancellation or modification of the insurance referred to in such
certificates.
Licensee shall not be permitted to exercise the license and permission granted
hereunder until notified by Licenser that insurance furnished pursuant to Section 18
hereof is satisfactory.
IN WITNESS WHEREOF, the parties have executed this License, in duplicate, the day and
year first above written.
TN& ATCXUSON, TOPEKA AMD SANTA FE RAILWAY COHPAH
One Santa Fe Plaza
5200 E. Sheila Street
Los Angeles, CA 90540
0
CITY OF CARLWAD
1200 Elar Avenue
Carl&a , \
Its MAYO’ r(
(Licensee 1
15968C
Rev. 9/82 (165Wt491) -5-
@
.I . -
The At&bon, Topeka and Santa Fe Railway Company
A Santa Fe industries Company
One Santa Fe Plaza. 5200 East Sheila Street, Los Angeles. California 90040 213/267-5219
July 6, 1984
Mr. Robert J. Wojcik
Project Manager
Engineering Department City of Carlsbad
1200 Elm Avenue Carlsbad, CA 92008-1989
File: "000470~33~~~VED
Jui, 10 1984
CITY OF CARLSBAD
ENGINEERING DEPARTMENT
Re: Central Business Storm Drain
Dear Mr. Wojcik:
Please refer to your letter of June 8, 1984.
Enclosed is C.E. Drawing No. l-02100, dated June 22, 1984, which shows the
correct location and installation of your facility, as covered by Santa Fe's Contract No. 169441, dated June 29, 1983. It is our intention that the enclosed print should be attached to said Contract, in lieu of the print
originally attached thereto.
If your records agree with the enclosed print, as to the location of your
facilities on the Railway Company's property, please acknowledge your receipt and acceptance of the print by signing in the space provided below and returning the signed duplicate copy of this letter to the undersigned.
Enclosed are copies of a short form Save Harmless Agreement for your
contractor, which eliminates the need for a railroad protective policy, all
other requirements remain the same.
Very truly yours,
Q. W. Torpin, General Manager
Real Estate and Contracts
ACKNOWLEDGED AND ACCEPTED as of
T#Lf 17 , 19 Sd
By,&&&4ZLZrZ /
Its PAZ'& .rPLc~ eiwii/#&eR
.I
8056 SECY’S NO.
EXHIBIT “A”
ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA ANCJN$ANTA FE RAILWAY COMPANY
CITY OF CARLSBAD
CHICAGO, ILLINOIS H G WEBB --z-L----------- SCALE: 1 IN. TO IO0 FT. LOS ANGELES CHIEF ENGINEER DIV. -’ DESCRIPTION APPROVED FOURTH DIST. r DATE : JUNE 22,1984
0 CURVE DATA \ 0 A= 29’55’35” A= 45”0O’
R= 90.00’ R= 45.00’
T= 24.05’ T= 18.64’ . . 2 L= 47.01’ L= 35.34’ Y a
s & TRACK *8-~ I
5 c9 9
q ‘4 I & MAIN TRACK> i TO NATIONAL W-R ‘ULLERTON ; I
:ITY - ,i’
6
. . mm- r-f N bi WASHINGTON ST 6 N -___ 1
_______ -.
STATE ST.
I
LEAVES RlGHT OF WAY
OFT STA. 2334+70.0
3
DESCRIPTION :
a-8 -z+ -.C.F? STORM DRAIN ENCROACUING
I ON RAILWAY COMPANY PROPERTV FOR 358 FT.
SHOWN HEREON BY -.
AT CARLSBAD,
SAN DIE60 COUNTY, CALIFORNIA C.E. DRAWING NO. 1 - CZIOO P-t-z
DIV. DWG. NO. DIV. FILE NO. 4-228.9-43 G.M. FILE NO. f 1000470 C.E. FILE NO. 64-04-0~b43
Contract No.
RETURN TO
Secretary, The A.T. & S.P. RY. CO. Top«ka Santa Fe Original
PIPELINE LICENSE
BQ-70201-25
THIS LICENSE, Made this 29th day of June 1983, between THE ATCHISON, TOPEKA
AND SANTA FE RAILWAY COMPANY, a Delaware corporation (hereinafter called
"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) pipeline, 72 inches, 66 inches and
36 inches in diameter (hereinafter, whether one or more pipelines, called" the
"PIPELINE"), across or along the right of way of Licensor at or near, the Station of
Carlsbad, County of San Diego, State of California, the exact location of the
PIPELINE being more particularly shown upon the print hereto attached,
No. 350-41677, dated June 11, 1982, marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPELINE solely for carrying storm 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 and
No/100 Dollars ($1.00).
4. Licensee shall, at its own cost and subject to the supervision and control of
Licensor's Assistant General Manager-Engineering, locate, construct and maintain the
PIPELINE 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 under Section 2 hereof to use the PIPELINE for oil, gas,
petroleum products, or other flammable or highly volatile substances under pressure,
the PIPELINE 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 Licensor, fail to perform properly its obligations under this Section,
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 falsework
to support Licensor's tracks and for flagman to protect its traffic during
installation of the PIPELINE and for any and all other expense incurred by Licensor
on account of the PIPELINE.
Rev. 9/82 (1658/M91)-1-
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 of
repair, or presence of the PIPELINE, 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.
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
Licensor, shall abandon the use of the PIPELINE 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 PIPELINE 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
hereunder, whether of indemnity 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 on which the PIPELINE 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. All notices to be given hereunder shall be given in writing, by depositing same in
the United States mail duly registered or certified, with postage prepaid, and
addressed to the Licensee or Licensor as the case may be at the address shown on the
signature page hereof, or addressed to such other address as the parties hereto may
from time to time designate.
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 binding upon
Licensor without the written consent of Licensor in each instance.
13. Notwithstanding any other provisions of this License, Licensee shall comply with all
statutes, ordinances, rules, regulations, orders and decisions (hereinafter referred
to as "Standards"), issued by any federal, state or local governmental body or
agency established thereby (hereinafter referred to as "Authority"), relating to
Rev. 9/82 (1658/M91) -2-
3
Licensee's use of Licensor's property hereunder. In its use of the premises,
Licensee shall at all times be in full compliance with all Standards, present or
future, set by any Authority, including, but not limited to, Standards concerning
air quality, water quality, noise, hazardous substances and hazardous waste. In the
event Licensee fails to be in full compliance with Standards set by any Authority,
Licensor may, after giving reasonable notice of the failure to Licensee, and
Licensee, within thirty (30) days of such notice, fails either to correct such
noncompliance or to give written notice to the Licensor of its intent to contest the
allegation of noncompliance before the Authority establishing the Standard or in any
other proper forum, take whatever action is necessary to protect the premises and
Licensor's railroad and other adjacent property. Licensee shall reimburse the
Licensor for all costs (including but not limited to, consulting, engineering,
clean-up and disposal costs, and legal costs) incurred by the Licensor in complying
with such Standards, and also such costs incurred by the Licensor in abating a
violation of such Standards, protecting against a threatened violation of such
Standards, defending any claim of violation of such Standards in any proceeding
before any Authority or court, and paying any fines or penalties ..imposed for . such
violations. Licensee shall assume liability for and shall save and hold harmless
the Licensor from any claim of a violation of such Standards regardless of the
nature thereof or the Authority or person asserting such claim, which results from
Licensee's use of Licensor's premises, whether such claim arises in whole or in part
from the negligence or alleged negligence of the Licensor or otherwise. Licensee,
at its cost, shall assume the defense of all such claims regardless of whether they
are asserted against Licensee or Licensor.
Upon written notice from Licensor, Licensee agrees to assume the defense of any
lawsuit, administrative action or other proceeding brought against Licensor by any
public body, individual, partnership, corporation, or other legal entity, relating
to any matter covered by this License for which Licensee has an obligation to assume
liability for and/or to save and hold harmless the Licensor. Licensee shall pay all
the costs incident to such defense, including, but not limited to, attorneys' fees,
investigators' fees, litigation expenses, settlement payments, and amounts paid in
satisfaction of judgments. Any and all lawsuits or administrative actions brought
or threatened on any theory of relief available at law, in equity or under the rules
of any administrative agency shall be covered by this Section, including, but not
limited to, the theories of intentional misconduct, negligence, breach of statute or
ordinance, or upon any theory created by statute or ordinance, state or federal.
14. 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.
15. 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, bracing
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.
"vx,
Rev. 9/82 (1658/M91) -3-
16. Licensee or Licensee's contractor shall not be permitted to commence work on said
Licensor's right of way without having first received written notification from
Licensor's Division Superintendent of permission to proceed.
17. 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.
18. 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 Licensor'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 ($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 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 Licensor contained in Section 6 of
this License.
(b) Licensee shall, with respect to the operations it or any of its contractors or
subcontractors perform upon, beneath 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 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 Licensor's property (except liability due solely to Licensor'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 ($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 Licensee, its contractors or subcontractors (except liability due solely to
Licensor's negligence) with limits of not less than One Million Dollars
($1,000,000) for each occurrence.
Rev. 9/82 (1658/M91) -4-
5
19. Licensee agrees to furnish or arrange to have furnished to Licensor certificates
reflecting the insurance coverage or certified copy of insurance policy, if
requested by Licensor, as required by Subsection (a) of Section 18 hereof, and to
furnish, or arrange to have furnished, the original policy required by
Subsection (b) of Section 18. Certificates reflecting the coverage required by
Subsection (a) shall unqualifiedly require thirty (30) days' written notice to
Licensor of cancellation or modification of the insurance referred to in such
certificates.
20. Licensee shall not be permitted to exercise the license and permission granted
hereunder until notified by Licensor that insurance furnished pursuant to Section 18
hereof is satisfactory.
IN WITNESS WHEREOF, the parties have executed this License, in duplicate, the day and
year first above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
One Santa Fe Plaza
5200 E. Sheila Street
Los Angeles, CA 90040
Its
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
By.n/L^Ui^t (* -
its Mayor
(Licensee)
15968C
Rev. 9/82 (1658/M91)-5-