HomeMy WebLinkAboutAT & SF Railway; 1976-11-01; 151014Contrast fto. 1
RETURN TO
Secretary, Tho A.T. & S.F. RY. CO. Topeka
TA FE ORIGINAL
11007608
SUPPLEMENTAL AGREEMENT, Made this
3rd day of September, 1991, between
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY, a Delaware
corporation, (hereinafter called
"Santa Fe") and CITY OF CARLSBAD, a
municipal corporation of the State of
California (hereinafter called
"Second Party").
Santa Fe and Second Party are now parties to an agreement dated
November 1, 1976, Santa Fe's Secretary's Contract No. 151014, together with
any and all modifications, supplements and amendments thereto (hereinafter
called "Original Contract"), relating to five pipelines located on Santa Fe's
property at Carlsbad, San Diego County, California.
water
Second
pipeline
Party desires to
across Santa Fe's
construct an
right-of-way
additional 24-inch RCP storm
at MP 230+0507.7 and connect
into the existing 4' x 10' box culvert at Tamarack Avenue, and the parties
hereto desire to modify the Original Contract as hereinafter provided.
AGREEMENT:
IN CONSIDERATION of the sum of One Hundred Fifty and No/100 Dollars
($150.00) to be paid to Santa Fe by Second Party upon execution of this
Supplement Agreement as a one-time charge for preparation of the revised
Exhibit "A" drawing and administration of this Supplemental Agreement, it is
mutually agreed that the print hereto attached No. 1-01194, dated
August 26, 1991, is hereby made part of the Original Contract.
As herein
force and effect.
modified, the Original Contract shall continue in full
IN WITNESS WHEREOF, this Supplemental Agreement has been duly
executed in duplicate by the parties hereto as of the day and year first above
written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
Bv "
*'Manager of Contracts
CITY Qt.CARLSBAI^.xCALIF
-GaiyJvpod
AT'& SF RY. CO.Its
3/4/85/125V/7572d/2228/dak
FILE NO..
""EXHIBIT "A
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
C'rfy of
AND
TOPEKA, KANSAS
SCALE: 1 IN. TO IOO FT.
SUBDIV.
DATE:£&,,
V-7
Z3
"8
16*4'
Sec. 7
TIZS
NN
Main
Tb Fuller ton
L
\
To Mational ci
ES.
MP
DESCRIPTION OF PFELINE
Pff>EUNE SHOWN BOLD
CARRCR
PPE
CASING
Pf>E
CARRCR
PFE
SIZE:
CONTENTS:
PPE MATERIAL:
SPECIFICATION / GRADE:
WALL THKKNESS:
COATING:
_y_
CASWG
PPE
LENGTH ON R/W:
WORKMG PRESSURE:
BURY: BASE/RAL TO TOP OF CASMG
BURY: NATURAL GROUND ULl
BURY: ROADWAY DITCHES —
CATHODIC PROTECTION "A
™"'y
VENTS: NUMBER.^—SIZE _r__ HEIGHT OF VENT ABOVE GROUND. =_
i Son
County^ California
NOTE: CASINO TO BE JACKED OR DRY BORED ONLY
AM. DRAWING NO. 1 -
OIV. DWQ NO... DIV. FILE NO.o. M. FILE NO.
Contract No. '-*>•*-Ut.4
Fe
Form 1658 Standard
(Approved by General Solicitor)
PIPE LINE LICENSE
Return to
Secretary, The A. T.J_ S^Ry. Co, Topefa
THIS LICENSE, Made this Ls*. day of._N°Y.?J!*« - , 19__71,
between. .!!§.. A19i!LSON, I?P?KA AND SANTA FE R^UWAY..COMPANY _ ,
a P..elaware _ corporation (hereinafter called "Licensor"), party of the first part, and
CITY OF 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 maint&in.....^?~JIi~~~~".~~~".7_~"~~-"
( 5 ) pipe line..L_., _lw°i:L8^.. .one -.^^
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 — -C.H-1-5b.*d.>.
.the exact location of the PIPE LINE being more particularly
shown 4>y-red-coloring- upon the print hereto attached, No — .P.i~.5151i --- , dated — .......... -----------
____ ; _____ ?£^j£L.?£»_i?Z$ _____________________ , marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying __ i'toi!5..dla.ill-.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
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 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 printhereto 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, Li-
censor may, at its option, itself peYform 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 damage
occasioned thereby.
5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to
support 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 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 thatthe same may be terminated at any time bV 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 happeningprior 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 ___________ . _______________
_^^ _____________ ....____ . _____
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-J ____________________
. Manager ............................... _at..J.21.J.§§$...Sixtll.S.t?eet_ ___________________________
11. In the event that two or more parties execute this instrument as Licensee, all the covenants
and agreements of Licensee in this license shall be the joint and several covenants and agreements of
such parties.
12. All the covenants and provisions of this instrument shall be binding upon and inure to the
benefit of the successors, legal representatives and assigns of the parties to the same extent and effectas the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof
by Licensee, its successors, legal representatives or assigns, or any subsequent assignee, shall be bind-
ing upon Licensor without the written consent of Licensor in each instance.
Attached hereto and made a part hereof is Rider identified by the signature
of W. E. Tyson.
IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day andyear first above written.
.'; .J]|i..ATCHI_SON^ (Licensor)
Approved as to Description:_ By
Its .... 5nperxisar__af-Cant»c
3hief Engineer.
APPROVED AS TO FOR^ CITY OF CARLSBAD
Its
(Licensee)
AN-17003
Form 1658 Standard
(Approved by General Solicitor)
PIPE LINE LICENSE
THIS LICENSE, Made thta—J.** day of November f ig_.16.,
between. ™-.A!aiISO^ t
a Delaware corporation (hereinafter called "Licensor"), party of the first part, and
Cm OF CARLSRAJO
(hereinafter, whether one or more, called "licensee"), party of the second part.
WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant andagree as follows:
1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct
and
( 5 ) pipe lineJL-, Jtam=l&!L+jatas2£^^ —-
--r-r.r.r.---r.r.-r.-.T-r-.inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE
LINE"), across or along the right of way of Licensor at or near the station of—-Qarlsbad^.
.._^wi-Diego..C9_isj$y^_ CalifQjcniA,. the exact location of the PIPE LINE being more particularly
shown by rod coloring upon the print hereto attached, No—.601-345.11 , dated
.... .....l..??*?^^.1.?:!,.!??^ I f marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying rtO»..dwkin..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. —-
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 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 printhereto 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, 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 to
support 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 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 eithef 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 saitte 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 PlPE 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 ________________________________
1200 Elm Avenue, Carlsbad, California 92008
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 ____________________________
General Manager t 121 East Sixth Street^
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 Liceilsor without, the written consent of Licensor in each instance.
Attached hereto and made a part hereof is Rider identified by the signature
of W. E. Tyson.
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 ,T . ,___________________________________________ '- _________________________________________________________________________________________________ (Licensor)
Approved as to Description:
gy VkU./J_.
Its SuperyJHQr__ol.ContYac(!
Chief Engineer.
CITY OF CARLSBAD
-,. \C
G.M FILE NO ./A_-1
0
10
N
0
M
u.&
a
4
no
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
CITY OF CARLSBAD
LOS ANGELES. CALIF.
Oc-ros,e=iz-
SCALE: 1 IN..T0400 FT.
J. G. FRY
A.G.M. -ENGINEERING
*$1
8 nr}
V)
PIPE
CARRIES
•SToa./-?
CARRIER Z****"
DESCRIPTION OF PIPE LINE UNDER TRACK
CASING
PIPE LINE LOCATED AS SHOWN
PRESSURE SIZE KIND THICKNESS
IB " c.i-r.p ,'4G*
<^ - 2A" f*.c..f> 3000-0 3"
fi**>
3o* tj.c.p /zfo-c>
94"
(*o"
AT
V~K.c.f. /Zfo-D
LENGTH
tz'
/(.O. f '
14 >S'
2ooS^_
~fSo-?~48 '
BASE OF RAIL.
TO TOP OF PIPE
yV/Xl / ' + JJH£?&!*- CrtZ.1?.
C°.3
^J/A
^ 3 '
(*.f KJjkl-LB
C.E.C.L. DRAWING NO. 601-34511
DIV. DWG. NO.._DIV. FILE O-/7Q07
RIDER TO LICENSE AGREEMENT DATED
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY.
a*
CITY OF CARLSBAD
13. In oases where Licensee is permitted under paragraph 2 hereof to use the PIPE LINK for non-flusmbl* substances. th«
LBIB shall be constructed, installed and thereafter maintained In oonfcrnity with plans and specifications set forth la to*
American Railway Engineering Association, Specification for Pipe Line Crossings under Railway Track for non-flammable substances,
Revised 196^., or Specification for the placement of Concrete Culvert Pipe, Revised 1966, whichever nay apply.
14* Any work performed on Licensor's rlp-ht of way by Licensee or Licensee's contractor shall be done IB a satisfactory
workmanlike Banner and in accordance with plans and specifications approved by Licensor, including plans covering any falsework,
bracing or cribbing that nay be necessary to use over, under or adjacent to Licensor's track, and no work shall be permitted until
•aid plans and specifications have been approved by Licensor.
15. Licensee or Licensee's contractor shall not be permitted to oonmenee work on Licensor's right of My without hating
first received written notification fron Licensor's Division Superintendent of pemlssioc to proceed.
16. Any contractor or subcontractor performing work OB or in connection with the PIPE LIKE shall for the purposes of
this agretaent, 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 contractors' or subcontractors' employment for Licensee.
17. Licensee agrees to furnish and keep in force or arrange to have furnished and keep in fora* Insurance of all kinds
and amounts specified below during the Initial term of construction of the PIPE LINE and during any subsequent term o» terns dup-
ing which aalntenanoe is performed on the PIPE LINE.
(a) The 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,
uubjaot to that limit for each person, One Million Dollars ($1,000.000) for an liability arising out of bodily injuries to or
death of two or more persons in one accident or occurrence and (11) regular Contractors' Property Damage liability Insurance with
limits of not less than One Million Dollars (11,000,000) for eaoh occurrence for all liability arising out of damage to or loss ordestruction 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 subparagraph (a) or in separate policies maintained during suoh periods as suoh
contractors and/or subcontractors shall perform any work hereunder. The policy or policies Insuring Licensee shall insure Lic«n-
soe's contractual liability in favor of Licensor contained in paragraph 6 of the printed provisions of this license.
(b) The Licensee shall, with respect to the operations it or any of its contractors or subcontractors perform upon, be-
neath 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 er death of person
or parsoas, INCLUDING LICENSOR'S EMPLOYEES, occasioned by or resulting, In whole or in part, from the operations of the Licensee
or any of its subcontractors, on or continuous to Licensor's property (except liability due solely to Licensor's negligence), with
Units of not less than Five Hundred Thousand Dollars ($500,000) for all damages arising out of bodily injuries to or death of en*
parson and subject to suoh 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 whlah
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 the Licensee, Its contractors or sub-
contractors (except liability due solely to Licensor's negligence) with limits of not less than One Million Dollars ($1,000,000)
for sash occurrence^
10. 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 subparagraph (a) of paragraph 17 hereof and to
furnish, or arrange to have furnished, the original policy required by subparagraph (b) of paragraph 17. Certificates reflecting
the coverage required by subparagraph (a) shall unqualifiedly require 30 days written 'notice to Licensor of cancellation or modi*'
fication 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 the
Licensor that insurance furnished pursuant to paragraph 17 hereof is satisfactory.
20 This license supersedes and cancels licenses dated April24, 1959,
January 16, 1962, May 2, 1966, and June 3, 1966, designated in the records of Licensor
as contracts, Secretary's Nos. 63496, 66796, 121696 and 122758, respectively, to-
gether with any and all modifications, amendments and supplements thereto.
BJENTffXSD HI