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Home My WebLink AboutAT & SF Railway; 1956-01-20; 59408H.M 7 81 2700 5G80 AGREEMENT, Made as of the. Contract Secy's Santa Fe Original Form 2700 Standard (Approved by General Solicitor) ASSIGNMENT CONTRACT S^NTA, FE 1U RCUTiiWeat of Albuquerque 2Ath ri.« «f Jdne l»_6j /? // THE ATCHISQNfTQPEKA AND SANTA FE RAILWAY COMPANY, a ftanaas Corporation (hereinafter called "Santa Fe"). CARLSBAD MUTUAL WATER COOTANY, a California corporation (hereinafter whether one party or more called "Assignor"), and CITY OF CARLSBAD, (hereinafter whether one party or more called "Assignee"). RECITALS i Santa Fe and Assignor are now parties to a contract dated January 20,1956 COPY Santa Fe's Secretary's Contract No._59AQ3 _, relating to construction, maintenance and use of a 10?inch water line across right of way and tracks at Mile Post 229 2080.3' at Carlsbad, San Diego County, California, •aid contract, together with any and all modifications, supplements and amendments thereto, whether or not referredto above, being: hereinafter called the "Original Contract'' The parties have now agreed to the assignment to Assignee of all of the interest of Assignor in the OriginalContract, upon the terms and conditions hereinafter set forth. AGREEMENT: FOR VALUE RECEIVED, Assignor hereby assigns to Assignee all of Assignor's interest in the Original Con-tract. IN CONSIDERATION of snch assignment and the consent thereto of Santa Fe herein contained. Assignee here-by accepts said assignment and assumes and agrees to observe and discharge all of the conditions and obligations in theOriginal Contract which are by the terms thereof to be observed and kept by Assignor, and Assignee further agreesnot to assign the Original Contract or any right or interest therein, nor sublet the property or any part thereofembraced in the Original Contract, without the written consent of Santa Fe in each instance. IN CONSIDERATION of the premises and of the covenants of Assignee herein contained, and the faithful per-formance of the same, Santa Fe consents to the assignment by Assignor to Assignee of all of Assignor's Interest inthe Original Contract IT IS MUTUALLY UNDERSTOOD AND AGREED that in the event either Assignor or Assignee, or both,consist of two or more parties, all the covenants and agreements herein shall be the joint and several covenants andagreements of such parties. Any notice to be given by the Santa Fe to the Assignee under the Original Contract, aa hereby assigned, shall bedeemed to be properly served if the same be delivered to the Assignee, or if left with any of the agents, servants or employes of Assignee, or if deposited in the Post Office, postpaid, addressed to Assignee at 2960 Pio Pico Drive, Carlsbad, California This agreement shall be effective as of-19 58 . IN WITNESS WHEREOF, the parties hereto have executed this agreement in triplicate as of the day and yearfirst above written. THE ITCHISON.TOPEKA AND SANTA FE RAILWAY COMPANY By_ Its_AMJataat to General Manager CARLSBAD ffttlTUAL WATER COMPANY CCRIPTJIOH APPROVED ff 'CHrap CITY OF CARLS;(Assignor!) (Assignee) ;ST Santa Te OrimnaLtr»ci s*oy'* u*. ~: I SANTA FE ROUTE (ApSt^aSs; lo W««t of AlbuQu«rqu« PIPE LINE LICENSE THIS LICENSE, Made this 2Qtfa.....:.:....day of. JWXUftcy. ....: --— 19.-.5.9...., L__.T&E..ATCIttSpN,Tre — —-, *. XftrusiftS. ;....corporation (hereinafter called "Licensor"), party of the-first part, and _~^.J,.Mi5B&.M —^ : : • _ Ji.C.^.4^OTnia_£or2oratipni;_ ..^.L.l.-..-r. (hereinafteir,: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 main- •_^-=- .^;™7"~"iv~""":" _ „ "_ „_ -------------7(1 ) pipe line..-.-, .r__r_"..r_r..~-~...r_.-..r..~. .tfiU-CXQ). .inches in diameter .(hereinafter, whether one-or more pipe lines, cajledjhe "PIPE UNE!.'), across or along the right of ^ay"of Licensor at oVnear the station oL.C^iflh^>-San3iegO_C.OUat^...Calif •, m^2..J^jJ£J^^^ll^'2L.;^~2.~^J:^-Qte exkct I6cation':of the PIPE 'LINE being rmbre particularly' shown by red coloring upon the print hereto attached, No....IrJr.2n5Q , dated..P.ec,_25th_lS§5...__ : , marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying—Water.,. :. and'ahah not useTt tcTcarry any other commodity or for any other purpose whatsoever. ' 3. Licensee shall pay Licensor as compensation for this license the sura of._r_--' 4. Licensee shall, at its own cost and subject to the supervwion and control of Licensor s chef <*V*™, locaJj conatruct and maintain the PIPE LINE in such a manner and of such matenal that it will not at any tome be "«g«J of danger to or interference with the present or future tracks, roadbed and property of I«W« «55gHJf*Z°* of ita'^ilroad.- In cases where' the'lJcensee1 is permitted under paragraph 2 hereof to use to^lW^teri* gas. or petroleum products, the PIPE LINE shall be constructed, .installed and th^^™£j»ffd iH mJ2S[?Sart^.thrplans and specificktions shpwn on print hereto attached:in such cases, marked,Exhibit£»*£made apart. hereof, if at any timVLicensee shall, in the judgment of Licensor,, fail, to perform prpperlv.its f^^SQ^-paragraph. Licensor may, at its option, itself perform sudx work as it deems ncwssary foi; the-safe operabonof its i«£, roaCaid in such event Ucensee agrees to pay, within fifteen (15) days.after-bdl.shall have .been' «^«g -STOf the coat 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/ - Li^risee shaD reimburee Liceiisor fOTiiny expense incurred by MceMorjfor' false' work to support 1Licensw's tracks and for flagman to protect Hs traffic during installation, of the PIPE LINE and for any and all other expense incurred by Licensor on account of tho PIPE LINE. '• (B. LJcensee'ahali at aU.timey"mdemnUy>diiave harmless Licensor against and.pay in fulTall loss, damage maintenance, use, state of repair, ~. eout of. (a) loss of or damage to propert; ter/or (d) taxes or assessments of an} 7. ,If at any time Licensee shall fail or rafuM to comply with or carry out'any of the covenants herein contained Licensor may atitselection forthwith revoke^his license..^'..-.. .. ! :^.. ••.'.': ^ : : .; - ' - ;;-"• 8. THIS LICENSE is given by Licensor and accepted by. Licensee upon the express condition that th ' may be terminated at any tiSe by either party upon ten (10) days' notice in writing to be served upori£e party, stating therein the date that such termination shall take place, and that upon the *™*$^$fam this, or any other manner herein provided, Licensee, upon demand of Licensor, shall abandon the use of the 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 hereunder, 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 here- under, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 10. Any notice, request, instructions or revocation of this license to be given by Licensor to Licensee hereunder shall be deemed to be properly served if the same be delivered to Licensee, or if deposited in the Post Office, post- paid, addressed to Licensee at..P..«.0JtJBox.7>:..C.^.Xj?!b^d.,.rfC&13lf.C?rAiA«.._..-_^. :.: :... ::.._..::._^..:.._.._'. 11. In the event that 'two or more parties execute this instrument as'Licensee, all the covenants and agree- ments 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 representa- tives or assigns, or any subsequent assignee, shall be binding upon Licensor without the written .consent of Licensor in each instance. -,,.,'; ,;.,. ;,-,;.. [,.,_. ,/jj.-:.. ,--..,;'':- .'.'•.•:'; ; -. ; -.-.V./.'. ,...r ' .;:•'. :••..' V..'.',.^;..-. -:.• <pl3. .This"; license lehail be.-effective .as lot'ifcrchM,195A«;./' '„•:. i ;>i., .')'.' Cl kr •:'" > 1 I•i:;-!./ O/..T c-....- v'. . - - - *• J ^1'- v '-~'-^ 3 *JJ';*''•"( •'. /\J * C-J ) * IN WITNESS WHEREOF, The parties have executed this agreement in'duplicate the day and year"first above 'LHLRiiittlS^ Approved as to Description: 'f -J * J ." ~. General Manager :i<- -.- ;.; ; .1 •-. -- ,,. -. - • . - - Engineer. . > ActingS6oerintendent I /~\ A ^.fe^<^^^^.It?7^^^ (Licensee) EXHIBIT ATTACHED TO CONTR THE ATCHISON, TOPEKA AND SAI AND CARLSBADMUTU SAN BERNARDINO. CALIF. OECFM8ER 29, 1955 SCALE: 1 IN. TO Fir it- Sf. Ld > To Fuller+on ^ •- * ''{' /-* TV..K •* I] 'V' |T* Alain Ll'nc Th« A . T. ft S. f.^ • W'VliUt _— ^ •"• ' "''• 1 '., * „. o < 80' "A" ACT BETWEEN VJTA FE RAILWAY COMPANY AL WATFR CONP/\MY DESCRIPTION CORRECT DIVISION ENGINEER/^' IOO FT. (E*<)rs. S+a-2329+04.0* M.P.229+2080.3 J to" Wafer /./'/ic-Trans/^ft f°/p« — ^__ ^ 73 National City ^ c*. ~~ 1 9obd' /°o/j/e>/Yc«-f Sfa. J A WINCH TRANStTE PiPE CARRYING Y/4TZP. (Prtssvn £o povn<ls) LOCATED ONTHE RAILWAY COMP/4NY\5 PROPERTY AHO CROSSING UUOZR THE RAILWAY COMPANY'S TRACK 5y AS StfOWN /A//9CO- SXIO PIPE IS J.f^t G^LOW AT C/4RL56AD Sao 0/«go Coorjfy, DIVISION ENGINEER'S DRAWING NO. L-3-2/(50