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HomeMy WebLinkAboutAT & SF Railway; 1963-03-12; 68195Form 1698 Standard (Approved by General Solicitor) PIPE LINE LICENSE THIS LICENSE, Made this ______________ ______ day of ___________________________ £5. ________________________ , 19~63__, between ffiE ArcHISJi^TOPEKA AUD SANTA T- HAILWAY COMPACT _____ K n n s?5 *?a ______________________________________________________________ corporation (hereinafter called "Licensor") , party of the first part, andCITY OP CARLSBAD (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 One — •--•-• — — •- — — — — — - — — .--.-... — — -.-.-.,.____..____and maintain _________________________________________________________________________________________ . _________________________________________________T--" - ~~~~~ ""-""- ^^^---------^"------^----^---------^-- inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE MNE") , aeross-or along the right of way of Licensor at or near the station of _unty , calif ornla________________________________________________________________________ the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No.— — ^_«_ _________________ > dated ___________________________________________________________________________________________ , marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying _!l_a_*?I% ______________________________________________________ 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 Til. 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, 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 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 that the same may be terminated at T time by either party upon ten (10) d?Trs' notice in writing to be served upon the other party, stating > .rein the date that such termination ah. 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 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 onwhich the PIPE LINE is located, or the sale or abandonment by Licensor of said premises, Licensor shallnot be liable to Licensee for any damage of any nature whatsoever or to refund any payment made byLicensee 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 JMLaJjajy**^^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 .-..Siip«rinteM*Bt at..ll^ .¥»«*..XWM..ffclW*» San BernardinpjOalif ornia. 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 thesame 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, This PIPE LINB shall be constructed, installed and thereafter maintained in conformity vith 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. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. ^.(Licensor) Approved as to Description: By ,. Assistant to Ge Chie Engineer. Clff OF CARLSBAD MAYOR. Its CITY CLERK uicensee) I-4-5OI5 EXHIBIT "A" v ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND OlTY OF CA.QLbBA.0 SAN BERNARDINO. CALIF. FE-BR.UAxR.Y I'i SCALE: 1 IN. TO DESCRIPTION CORRECT J W.CONRPY DIVISION ENGINEER 400 FT. To FUI_UE.RTO»-i OE.L. DE5OQ.IPTION DIVISION ENGINEER'S DRAWING NO. L-3-25G74 HH1.95 Swiu IX- Original Contract Secy'i No,—--^•* SANTA FE ROUTS PIPE LINE LICENSE THIS LICENSE, Made this 12th day of March. , 19_6.1_._, between THE ATCHISON,TOPEKA AND SANTA FS RAILWAY COMPANY a Kansas. . corporation (hereinafter called "Licensor"), party of the first part, and CITY OP CARLSBAD (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 Ope --.-.»-- •-.-»-.--.-. ( 1 ) pipe line_-_jr, - _-.- - ----_- - - -_- ----.. =_r-j=.T_enil(3_)__rjnches 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-GarJjka^ San Diego Count7f California y^ ex&ci iocation Of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No._Lr3=25624 , dated February 15,1963 . :. ; ' ' ... , marked "Exhibit A" and made a part hereof. 2. • Licensee shall use'the PIPE LINE solely for carrying Jfe.ter :____: L_ 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 sunr'of JU Qne_andjlp/100 Dollar s ($1. CO) ._ ; ' 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, gas, petroleum products, or other flammable orhighly 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 suchcases, 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, 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 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 Hens 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 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 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 onwhich 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 byLicensee 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 ............ _ .......... _.. ..... 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 --------- ...... _ ....... — ___ Sup.erintendent __________________________ ................. _.at..iP.7Q..Jfe8*.. Third. Street, ................................. _____ San ..Berna^d^OjCalifprnia. ....................................... _____________________________________________ 11. In the event that two or more parlies execute this instrument as Licensee, all the covenants andagreements 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. This PIPE LINE shall be constructed, installed and thereafter maintained in conformity with the plans and specifications set forth in the American Railway Eng- ineering Association1 Specifications for Pipe Line Crossings Under Railway Tracks, 1956* for non-flammable substances. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. J2LlAttMJ;0^lNI_:__:._; (Licensor) Approved as to Description : By ,. Assistant to General ManagerIts CITY OF CARLSBAD Its MAYOR ...__ CLERK (Licensee)