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Home My WebLink AboutAT & SF Railway; 1977-01-01; 150922Contract No Return » Secretary, The A. T. ft S. f. Santa Fe UriyiniL— (Appnrwd by O«Mral Solicitor) PIPE LINE LICENSE LICENSE, Made «"'« lst H«y .>* January f 19_7_7_, between THE ATCHISON. TQPEKA AND SANTA FE RAILWAY COMPANY , « Delaware 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 andagree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct and maintain—-?!-!6.-!." '___ '..-. J ( 1 ) pipe line —,- . :,.,;,-,- :—__ : : — s*-x (6) 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 Carlsbad.! San Diego County, California t>l<t ^^location of the PIPE LINE being more particularly shown by rod coloring-upon the print hereto attached, No- 601-34561 , dated _^1 — October 29^ 1976 t marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying water and shall not use it to carry any other commodity or for any other purpose whatsoever. 8. Licensee shall pay Licensor as compensation for this license the sum of_ Fifty and No/100 Dollars ($50.00) per annum payable annually in advance. 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 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 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, itselfperform such work as it deems necessary for the safe operation of its railroad, and in such event Licenseeagrees 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 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 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 ox or damage to properly, (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. ••• ' six (6) months' 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 tea (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 thetermination 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. 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 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 L_—ZZ—', General Manager at - 121 East Sixth Street •' ' " Los Angeles, California 90014 11. In the event that two or more parties 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. •• _-' • .-. • • •-•.: •. :;• . 1 ' "• -~ ' ' . .';'.- ."•' • • •• 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. Attached hereto and made a part hereof .is Rider "A" identified by the signature of J. H. Schwartz. ... . IN WITNESS_WHEBEOF, The parties have executed this agreement in duplicate the day and yearfirst above written. THE ATCHISON. TOPEKA AND SANTA FE RAILWAY COMPANY (T.t^n^) Approved as to Description: AS TO ^€hief Engineer. CITY OF CARLSBAD Assistant General Attorney . '' : Its (Licensee) EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND LOS ANGELES. CALIF. SCALE: 1 IN. 5 •nlQi CITY OF CARLSBAD J. G. FRY A GM -ENGINEERING FT. APPROVED: as to/description ^Asst. General Managejr^ngiircefmg 7l The Atchison, Topeka and Santa Fe Railway Company To •**•«... . •fa'oa^o J! •••,; A-^.V. r ^ t. (,'A.C.f. 10./ III CARRIER CASING - .3'. DESCRIPTION OF PIPE LINE UNDER TRACK PIPE LINE LOCATED AS SHOWN PIPE BASE OF RAIL CARRIES PRESSURE SIZE KIND THICKNESS LENGTH TO TOP OF' PIPE •<i>O * """" 24 .344" C.E.C.L. DRAWING NO. 601-34561 DIV. DWG. NO .DIV FILE NO..S/4M ***" RIDER TO LICENSE AGREEMENT DATED R I 0 t « "«" January 1 ,19 ' ' BETWEEN THE A1CHISON, TGfEKA AND SANTA FC RAILWAY COMPANY and CITY OF CARLSBAD 13. In esses where Licensee is permitted under paragraph 2 hereof to use the PIPE LINE for non-flammable substances, the PIPE LINE s-,all be constructed, installed and thereafter maintained in conformity with plans and specifications set forth in theArerican Sjilnay Engineering Association, Specification for Pipe Line Crossings under Railway Track for non-flammable substances, Revisec 19:4, or Specification for the placement of Concrete Culvert Pipe, Revised 1966, whichever may apply. 14. Any work performed on Licensor's right of way by Licensee or Licensee's contractor shall be done in a satisfactory ke runner 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. 15. Licensee or Licensee's contractor shall not be permitted to commence work on Licensor's right of way without having first received written notification from Licensor's Division Superintendent of permission to proceed. 16. Any contractor or subcontractor performing work on or in connection with the PIPE LINE 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 ofLicensee 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 force insurance of all kindsand arounts specified below during the Initial term of construction of the PIPE LINE and during any subsequent term or terms dur- ing wnicn rainier.ance 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 w»y ind/OT track, furnish or arrange to have furnished (1) regular Contractors' Public Liability Insurance with limits of not less trar. Five Hundred Thousand Dollars ($500,000) for all liability arising out of bodily injuries to or death of one person, and, subject to that Unit for each person, One Million Dollars ($1,000,000) for all liability arising out of bodily injuries to or deatr of two or Tire 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 danage to or loss or destruc- tion of prtperty. Licensee and all Its contractors and subcontractors shall be named insureds either in a single policy of ir.suro-ce co~olv'rg ,1th the requirements of this subparagraph (a) or in separate policies maintained during sucr periods as such contractors ar.i'or subcontractors shall perform any work hereunder. The policy or policies insuring Licensee shall insure Licensee's contractj liability in favor of Licensor contained in paragraph 6 of the printed provisions of this license. •'5) The Licensee shall, with respect to the operations it or any of its contractors or subcontractors perform upon, be- neath or sajacer.t to Licensor's right of way and/or track, furnish or arrange to have furnished in Licensor's favor (i) policy or policies c*"irsur:-ice satisfactory to Licensor which shall protect Licensor against liability for injuries to or death of person or persons, If.CL^IHS LICENSOR'S EMPLOYEES, occasioned by or resulting, in whole or in part, from the operations of the Licensee or any of 'ts subcontractors, on or contiguous to Licensor's property (except liability due solely to Licensor's negligence), with li-its of '.ot less than Five Hundred Thousand Dollars ($500,000) for all damages arising out of bodily injuries to or death of oneperson and subject to such limitation. One Million Dollars (31,000,000) for all damages arising out of bodily injuries to or death of two or -ore persons in any one accident or occurrence; and (1i) 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, CL-stody 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) fcr each occurrence. 18. 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, cr 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 tne 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 March 19, 1926, October 14, 1949 and March 16, 1970 designated in the files of Licensor as contract, Secretary's Nos. 26671, 53919 and 137769 respectively. IDENTIFIED BY BD-70064 torn 1431 Standard (Approved by G»wol SoRdtor) PIPE LINE LICENSE THIS LICENSE, Made this lst —day of January > 19_ZL, THE ATCHISON. TOPEKA AND SANTA FE RAILWAY COMPANY f 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 andagree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct and maintain -PC**"** : ) pipe line—"" ±~J 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 San PUQty* California exact location of the PIPE LINE being more particularly shown by god coloring upon the print hereto attached, No. 601-34561 > dated — , 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_ Flfty and No/100 Dollars ($50.00) per annum payable annually in advance, 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 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 suchcases, marked Exhibit B and made a pan 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, itselfperform such work as it deems necessary for the safe operation of its railroad, and in such event Licenseeagrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurredby Licensor, but failure on the part of Licensor to perform the obligations of Licensee shall not releaseLicensee 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 or repair, or presence of the PIPE LINE, including any such loss, damage or expense arising out of (a) loss or 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. six (6) "months' 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 tea (10) days' notice in writing to be servedupon the other party* stating therein the date that such termination shall take place, and that upon thetermination 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 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 Hail, postage prepaid, addressed to Licensor's——_^ General Manager ftf 121 East Sixth Street Los Angeles, California 90014 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. Attached hereto and made a part hereof is Rider "A" identified by the signature of J. H. Schwartz. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and yearfirst above written. THE AT CHI SON, TOPEKA AND SANTA FE RAILWAY COMPANY (Licensor) Approved as to Description: B7- Supervisor ni .Conlrafita </ Chief Engineer. CITY OP CARLSBAD By Its (Licensee) „_«,,.«»,.,. ——rii.r NO EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND CITY OF CARLSBAD LOS ANGELES. CALIF.J. G. FRY AGM -ENGINEERING SCALE: 1 IN. T0/0£> FT. \l I CARRIER DESCRIPTION OF PIPE LINE UNDER TRACK PIPE LINE LOCATED AS SHOWN PIPE BASE OF RAIL CARRIES PRESSURE SIZE KIND THICKNESS Lt.NGTH TO TOP OF PIPE too *sz. t*" ' CASING A/fi. A*BA&. SAN .344" CE.C.L DRAWING NO. 601-34561 DIV. DWG. NO..J)IV. FILE NO..7C ~