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HomeMy WebLinkAboutAT & SF Railway; 1961-08-23; 66359Contract No.CI, 66359 RCTURN TO S«cr«ttry, Tho A.T. & S.F. RY. CO. Top«k« B Santa Fe Original 11002920-22 SUPPLEMENTAL AGREEMENT, made as of this 16th day of December 1985, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation, hereinafter referred to as "Santa Fe", and CITY OF CARLSBAD, a municipal corporation, hereinafter, whether one party or more, referred to as "Second Party". RECITALS; Santa Fe and Second Party are now parties to a contract dated August 23, 1961, Santa Fe's Secretary's Contract No. 66359, together with any and all modifications, supplements and amendments thereto, being hereinafter referred to as "Original Contract", under which Second Party paid Santa Fe a compensation of $1.00 for the use of a portion of Santa Fe's right of way at or near Carlsbad, County of San Diego, State of California, as a site for an 8" water line. The parties desire to modify the Original Contract as hereinafter provided. AGREEMENT; It is mutually agreed that, effective December 23, 1984, Section 3 of the Original Contract is hereby changed to read, as follows: "Licensee shall pay to Licensor for the use of the right of way rental as follows: "(a) Subject to Subsection 3(c) below, the base rent shall be Three Hundred Sixty and No/100 Dollars ($360.00) per year to be adjusted annually in accordance with Subsection 3(b) below, payable in advance without demand. Rent for any fractional month at the beginning or end of the contract term shall be prorated. Rent is due and owing on or before the date this Contract commences and thereafter shall be payable on or before the first day of each year during the contract term. Upon termination of this Contract, unless Lessee is then in default, any unearned portion of said rental, paid in advance, will be refunded to Lessee upon written demand by Lessee therefor made within thirty (30) days following termination. "(b) Commencing on the first annual anniversary of the first day of the first full calendar month of the contract and all annual anniversaries of such date thereafter, the base rental shall be adjusted in accordance with the changes in the Consumer Price Index indicated in the column for Urban Wage Earners and Clerical Workers, U.S. city average, (hereinafter called the 'Index'), published by the Bureau of Labor Statistics, U.S. Consumer Price Index from the base index number to the current index number. Rev. 8/85 (1627) -1- "The index number indicated in the column for Urban Wage Earners and Clerical Workers, entitled 'all items', for the period most recently released prior to the anniversary date in the previous calendar year, shall be the 'base index , number' and the corresponding index number for the period most recently released prior to the annual anniversary of this Contract shall be the 'current index number'. The current index number shall be divided by the base index .... number, to form the rental adjustment factor. "The new base rent shall be determined by multiplying the then current base rent by the rental adjustment factor and this figure shall be rounded to the nearest $5.00. The new base rent, as so determined, shall be due and payable in accordance with Subsection 3(a) above. In no event, however, shall such new base rent be less than the then current base rent. "If publication of the Consumer Price Index shall be discontinued, the parties hereto shall thereafter accept comparable statistics on the cost of living for Urban Wage Earners and Clerical Workers, as they shall be computed and published by an agency of the United States or by a responsible financial periodical of recognized authority then to be selected by the Licensor. In the event of (1) use of comparable statistics in place of the Consumer Price Index as above mentioned, or (2) publication of the Index figure at other than quarterly intervals, there shall be such revisions as the circumstances may require to carry out the intent of this provision. Licensor may, at its sole discretion and in conjunction with its overall rental adjustment program, use index numbers in the column for All Urban Consumers, U.S. city average, entitled 'all items', or such similar index that may be published in the future to indicate statistics comparable to the indexes named below. "(c) The base rental shall be subject to revision at five-year intervals to adjust same to a fair market value basis." IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement, in duplicate, as of the day and year first above written. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY APPROVED AS TO FORM By —j^&^^z£L*-ex^**=±*==-- A331S ;"AM GcKcRAl. ATTORNEY CITY OF CARLS FRANK ALESHIRE its City Manager (Second Party) 437653CHR Rev. 8/85 (1627) -2- 11002920-22 SUPPLEMENTAL ACRBEKEHT, made as of this 16th day of December 1985, between THE ATCHISOH, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation, hereinafter referred to as "Santa Fe", and CITY Of CARLSBAD, a municipal corporation, hereinafter, whether one party or siore, referred to as "Second Party". RECITALS: Santa Fe and Second Party are now parties to a contract dated August 23, 1961, Santa Fe's Secretary's Contract 80. 66359, together with any and all modifications, supplements and amendments thereto, beting hereinafter referred to as "Original Contract"» under which Second Party paid Santa Fe a compensation of $1.00 for the use of a portion of Santa Fe's right of way at or near Carlsbad, County of San Diego, State of California, as a site for an 8" water line. The parties desire to modify the Original Contract as hereinafter provided. A 0 RE E M S W T: It is mutually agreed that, effective December 23, 1984, Section 3 of the Original Contract is hereby changed to read, as follows: "Licensee shall pay to Licensor for the use of the right of way rental as follows; "(a) Subject to Subsection 3(c) below, the base rent shall be Three Hundred Sixty and Ho/100 Dollars ($360.00) per year to be adjusted annually in accordance with Subsection 3(b) below, payable in advance without demand. Rent for any fractional month at the beginning or end of the contract term shall be prorated. Rent is due and owing on or before the date this Contract commences and thereafter shall be payable on or before the first day of each year during the contract terra. Upon termination of this Contract, unless Lessee is then in default, any unearned portion of said rental, paid in advance, will be refunded to Lessee upon written demand by Lessee therefor wade within thirty (30) days following termination. "(b) Commencing on the first annual anniversary of the first day of the first full calendar month of the contract and all annual anniversaries of such date thereafter, the base rental shall be adjusted in accordance with the changes in the Consumer Price Index indicated in the column for Urban Wage Earners and Clerical Workers, U.S. city average, (hereinafter called the 'Index'}, published by the Bureau of Labor Statistics, U.S. Consumer Price Index from the base index number to the current index number. Rev. 8/85 (1627) -1- "The index number indicated in the column for Urban Wage Earners and Clerical Workers, entitled 'all items', for the period roost recently released prior to the anniversary date in the previous calendar year, shall be the 'base index number* and the corresponding index masher for the period most recently released prior to the annual anniversary of this Contract shall b« the 'current index number'. The current index number shall be divided by the base index number, to form the rental adjustment factor. "The new base rent shall be determined by multiplying the then current base rent by the rental adjustment factor and this figure shall be rounded to the nearest $5.00, The new base rent, as so determined, shall be due and payable in accordance with Subsection 3(a) above. In «o event, however, shall such new base rent be less than the then current base rent. "If publication of the Consumer Price Index shall be discontinued, the parties hereto shall thereafter accept comparable statistics on the cost of living for Urban Wage garners and Clerical Workers, as they shall be computed and published by an agency of the United States or by a responsible financial periodical of recognized authority then to be ©elected by the Licensor. In the event of (1) use of comparable statistics in place of the Consumer Price Index as above mentioned, or (2) publication of the Index figure at other than quarterly intervals, there shall be such revisions as the circumstances may require to carry out the intent of this provision. Licensor may, at its sole discretion and in conjunction with its overall rental adjustment program, use index numbers in the column for All Urban Consumers, U.S, city average, entitled 'all items', or such similar index that may be published in the future to indicate statistics comparable to the indexes named below. "(c) The base rental shall be subject to revision at five-year intervals to adjust same to a fair market value basis." IH WITOESS UHERKOP, the parties hereto have executed this Supplemental Agreement, in duplicate, as of the day and year first above written. THE ATCHISON, TOPEKA ANp SANTA FE RAILWAY COUPAMY By, ItJJ Manaaer of Contracts CITY Of FRANK ALESHIRE Its City Manager (Second Party) 437653CHR Rev. 8/85 (1627) -2- 7-1934 Contract Ho.CL 66359 A RETURN TO Swretary, Th. A.T. & S.F. RY. CO. Top«lu One Santa Fe Plaza, 5200 E. Sheila St., Los Angeles, CA 90040 213/267-5228 November 2, 1984 File: 11002920-22 CERTIFIED U.S. MAIL Return Receipt Requested City of Carlsbad 2960 Pio Pico Drive P.O. Box 265 Carlsbad, CA 92008 Gentlemen: You are presently a party to that certain agreement, dated August 23, 1961, including any supplements and amendments thereto, with The Atchison, Topeka and Santa Fe Railway Company, identified in Santa Fe's records as Contract M>. 66359^ The Contract covers your use of Railway Company property at rarlsbad, San Diego County, California, as a site for an 8" water line. The Agreement provides that the amount of compensation for the use of Santa Fe property may be revised at regular intervals. We have reappraised the property subject to the Agreement and find it necessary to adjust the compensation to be paid for the continued use of the property. We are reluctant to take this action; however, it is necessary that the compensation be in line with current property values. You are hereby advised that, effective December 23, 1984, the compensation to be paid under the Contract is increased to $360. per annum, payable annually in advance. Very truly yours, 0. W. Torpin, General Manager , 0 i/l jtf —7?~rf* By #/• &. /ez^-'g-^ W. D. Bentley, Manager Real Estate and Contracts !bcc: Messrs..W. L. Tiller, Topeka (Attn: D. James) ^"Tr^H. W. Snyder, Topeka (Manual signature required) w J. R. Merritt, San Bernardino J. E. Millard, Los Angeles f nf f nf !WLT: !HWS: Please cancel billing under Contract No. 33778 Attached is copy of Secretary's advice showing Contract No. 33778 cancelled effective August 23, 1961; please remove from active files. !CL36/86198dr Secretary's Advice of Filing of Licenses PIPS LINE ....-•--- CROSSING Los Angeles. California, jana ry iO, 1 Secretary's No. 66539 'Form No. iu^S iitonci-rd Licensor: The Atuhison, Topelca and Sitnto PC Railway Conp^ny Licensee i City of Carlsbad Licensee's Address: 2960 Plo Ploo Drive, P. 0. Box 265, Carlsbad, Culif. Date: 3-23-1961 Cancellable on 1O ciey^t notice. Location! Carlabaa0 Callfoi-nio Description: License to construct one 3" water pipo line along Rlgjit of Woy south of naln track, between M.P. 229 + 2066.851 and H.P. 230 * 0472.5*. Consideration: 64$A Blue Print: Division Engineer's Drawing j,-7«24706 Date: Special Clauses: ftdd p?jragroph 13s TJ^ pIPS; UJE; 8hall be constructed, Installed end thereafter c&intuined in conformity with the plena and specifications set forth In the American Hallway EngineeringAaaool-atAon* SDeoir4oa«i.an« for PJLpe Kdlne CrosBlngB Under RailwayTrocka, 1956* for non-flatoraable substances* Notes This License supersedes and cancels License dated September 23, 1931* filed as Contract Secy's No. 33773, Copy of this advioe sent to: Messrs. !U H. Adams, File M-lOOOS C. F. Qllroy, with print A. K. Johnson, with copy, Pile G-43042 J. 0. Pry, with print W. G. Hunt mnj 6. L. CARVER Assistant Secretary, T > Fern 1458 Standard (Approved by Gwwral Solicitor) Secretary's No. Pipe Line License ATCKISON,TCPffiA S3® SAl^TA FE TO CITY OF CARLSBAD JNWkST- CU&4II*..-.. Station Division In effect.- Attgust 23 , 19JL_ Cancellable on ten days' notice. Div. Supt's No Chief Engineer's No Hall 2 60 3M 4135 Form 1658 Standard (Approved by Gcmral Solicitor) PIPE LINE LICENSE THIS LICENSE, Made this _3S»* day of Jteffll!! between _JllJIPI«iy^y a M^H. corporation (hereinafter called "Licensor"), party of the first part, and ©If! OF (hereinafter, whether one or more, called "Licensee"), party of the second part. WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and gree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct and pipe line _*-.*."..^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._l^?I-l^ijL.®<*..SIii9-- ****fjtJbM*!yt*to the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No—]&jt*84!K!& , dated—July. JZ6^L96L . _, . __.., 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 0a* tad HoAOO Dollar«(*l,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 properly 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 or gas, or petroleum products, the PIPE LINE shallbe 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 paragraph. Licen- sor may, at its option, itself perform such work as it deems necessary for the safe operation of its rail- road, and in such event Licensee agrees to pay, within fifteen (15) days after bill shall have been ren-dered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to perform the obli- gations 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 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 of 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 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 is given by Licensor and accepted by Licensee upon the express condition thatthe 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 Licen- sor, shall abandon the use of the PIPE LINE and remove the same and restore the right of way andtracks 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 afterthe effective date of termination, Licensor may proceed with such work at the expense of Licensee. Notermination 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 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 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, 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, postpaid, addressed to Licensee at J^.~?l9,lJS^ J&i%^.fi^ 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 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 upon Licensor without the written consent of Licensor in each instance. 13. f he ?22»I USE shall be constructed, Install*! and thereafter Maintained IB conformity with the plans and specifications set forth la the American Railway Eng- ineering Association* Specifications for Pipe iine Crossings Under Railway Tracks, 1956' for ixm-flawaable substances, 14* TkU license supersedes and oaaeels license dated September 28,1931, and Supplement "A" thereto dated August 23,1961, known ia the fllea of Licensor as eon* tract, Secretaire Ho, 33778, ami « IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and yearfirst above written. ______ _________ (Licensor) Approved as to Description : By. ItS-._ ~;.SKiSiA*C->.. Chief Engineer. . •" • : • Gin OF CARLSBAD (Licensee) No. G-43042 EXHIBIT 'A' ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND City of Carlsbad SAN BERNARDINO, CALIF. July 26, 1961 DESCRIPTION CORRECT J^C-^^-v^r HVISION ENGINEER SCALE: 1 IN. TO 200 ^1r ELM 1 n i PC. 2333^0.^ f\j "1 01X 3 EQUATION 233o+e&l9 POT 2329 + 17.4 = c5 (n5r 5><s1 COrS- 1 1- OAK y- L ^?H \-^ <J1 QCL Is 5_ « wo' » < 36' - 01 cn~t> AVE.o 1 ??* IT) 3i i « ICC' H / CO3;ro iBs «; AVE.q 1 . 11 11 23Z7V-9/.4 H.B.ri^*& Z3Z4 + t^-Z32; 89.O H.B.*6 AVE.g Q LA -1m * 5s Q ^^ o O^ O tr- Oen § 0 0 S1 O Q rt" § n en E4' Opp. M.P. 22.9 43039.4' WALKlUT o.t 2."5creuJ Pipe-* 3°' 2" Screu/ Pipe CHESTNUT" Opp. M.P. 229+3-499.4'-^ Opp. MP ACAC\A2" Screw PIP> roQ(jin "s D Lf) Q of" ()' in O, Qn 55- 33 no S AVE. S. AVE. Q •I t I Opp. M.P 229 + 48959'- 3"wa-l-et Line TAMARACK. ^96' \00' ' ' IOO At Carlsbadj San Diego Coun/y, Calif. §. AVE g 0>230 DIV'N ENG'R'S DFTWG No. L-7-24706 . Ends ley Secy's No.Jbfyi>v ' ' SANTA FE ROUTE Wwt *t AlbuqutiQut Htm 1698 StaMhNl (Approval fcr OM»nt SoBehor) PIPE LINE LICENSE THIS LICENSE, Made this 23rd____.day Of_ August , 19...61. , MNTi_mBmm..QQNpANy. , JKanaaa . corporation (hereinafter called "Licensor"), party of the first part, and (hereinafter, whether one or more, called "Licensee") , party of the second part WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and gree as follows: L Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct and ( 1 ) pipe line... -—r-^-=-^~^~'~ - T, _?_.?:. JT .-....- - - - - r - ..-_=_r_:=-s— - - - - - - -T...r-r-.r Eight£8.X - --..-...-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-Garlsbad_^_San Diego Coua.t3!V.^alif ornia ____________________ the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No ----- Lr2=242Q6L ------ , dated — July ..26 ,1961 — _ ___ , ______ .._, marked "Exhibit A" and made a part hereof. 2. Licensee snail use the PIPE LINE solely for carrying ._v*t«? 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 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 willnot at any time be a source of danger to or interference with the present or future tracks, roadbed andproperty 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 or gas, or petroleum products, the PIPE LINE shallbe constructed, installed and thereafter maintained in conformity with the plans and specifications shownon print hereto 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, Licen-sor may, at its option, itself perform such work as it deems necessary for the safe operation of its rail-road, and in such event Licensee agrees to pay, within fifteen (15) days after* bill shall have been ren-dered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to perform the obli-gations of Licensee shall not release Licensee from liability hereunder for loss or damage occasionedthereby. 5. 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 andfor 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 fromthe construction, maintenance, use, state of repair, or presence of the PIPE LINE, including any suchloss, damage or expense arising out of (a) loss of 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 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 J .'./•> Q^ /gy •f V. s« 4 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 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 afterthe 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, 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, postpaid, addressed to Licensee *t 2960 Pio Pico Driva,P.O.Bo-r 26S,Carlahad,Callf. 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 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 upon Licensor without the written consent of Licensor in each instance. 13. The PIPE LIME shall be constructed, installed and thereafter maintained in conformity with the plans and specifications set forth in the American Railway Eng- ineering Association* Specifications for Pipe Line Crossings Under Railway Tracks, 1956' for non-flammable substances. 14. This license supersedes and cancels license dated September 28,1931* Supplement "A" thereto dated August 23,19%, known in the files of Licensor as con- tract, Secretary's No.33778, and No.33778-A. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. _____ _ _____ .(Licensor) Approved as^to Description: Chief Engineer. By Its _ _ Assistant toj^eneral Maoafpr Sup«rint*ndeMt (Licensee)