HomeMy WebLinkAbout1975-12-02; City Council; 989-3; Railroad License for Storm Drain (AT&SF ROW)CITY ' OF CARLS BAD if ;"
AGENDA BILL NO. f$f~- &*&&***& 3 Initial:
VV Dept.Hd.SCcS
DATE; December 2, 1?75 c> Atty._V_£6
DEPARTMENT; Engineering . c- M9r- M^^
Subject:Railroad License for Storm Drain (AT&SF right of way)
CT 72-13 (PAPAGAYO)
Statement of the Matter
The completion of the storm drain system for Papagayo depends on
its connection to the existing 63" City storm drain in "the AT&SF
right of way. The railroad will issue a license for the connection
to the City, but not to the developer. Therefore, the attached
agreement with the developer, whereby the City executes the standard
license and the developer assumes the City obligations under it, is
appropriate.
Exh ibi ts
Agreement for Papagayo Railroad License
Resolution No. J[? f (,
Recommenda t\on
That the City Council adopt Resolution No. £l^(? and authorize the
Mayor to sign on behalf of the City.
Council Action
12-2-75 Resolution No. 3796, approving an agreement between the City
of Carlsbad and Papagayo Developers for railroad license
and .authorizing the Mayor to execute said agreement, was adopted,
AGREEMENT FOR PAPAGAYO RAILROAD LICENSE
THIS AGREEMENT entered into this 3rd day of December /
1975, by and between the CITY OF CARLSBAD, a municipal corporation
of the State of California, hereinafter referred to as CITY, and
Papagayo Developers f hereinafter referred to
as DEVELOPER.
WITNESSETH:
WHEREAS, Developer in conjunction with CT72-13 (Papagayo)
Development, wishes to install storm drain across the
right-of-way of the Atchison, Topeka and Santa Fe Railway Company;
and
WHEREAS, the Atchison, Topeka and Santa Fe Railway
Company is agreeable to grant a license to the City, but not to the
Developer; and
WHEREAS, the City is willing to secure such license on
behalf of Developer, provided the Developer assumes all of the
City's obligation under the license;
NOW,. THEREFORE, IT IS AGREED as follows:
1. City will attempt to secure from the Atchison,
Topeka and Santa Fe Railway Company the License marked Exhibit A,
attached hereto and made a part hereof on behalf of Developer and
at no cost to the City.
2. Developer agrees to furnish to City all things
necessary to secure said License, including, but not limited to,
fees and insurance policies.
3. Developer agrees to assume all of City's obligations
under said license.
4. Developer shall reimburse City for any expenses
incurred by City in conjunction with the license.
5. Developer shall at all times indemnify and save
harmless City against and pay in full all loss, damage, or expense
that City may sustain, incur, become liable for, resulting in
any manner from said license.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
CITY OF CARLSBAD, A Municipal
Corporation of the State of
California
By fi^J C
ROBERT C. FRAZEE, Mayor
ATTEST:
E. ADAMS, tity Clerk
APPROVED AS TO FORM:
Vincent F. Biondo,
City Attorney
DfANE P. HUBBAffD
NOTARY PUBLIC -CAUF."
Mr COMMISSION EXPIRES . Wt 4, 1979
2*^ *" "^ -^*-**~-**+~+~r~-f-^_f^if^^
2.
A
Form 1638 SteadoH
Gwwral Sofch<M>
PIPE LINE LICENSE
THIS LICENSE, Made thi* 1&& day of October: , 1925L-,
between THE ATCHISOR* TOPEKA AMD SAFf A FE RAILWAY. COMPANY. ,
a 5eaa*»re corporation (hereinafter called "Licensor"), party of the first part, and
C3TY 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 nmfafaifa One - «- — -.- ~ — -~~.»~~ — — - •» — — • —- - - - - - ~ ~ - - — «- - *. .
{ 1 ) pipe line- ~, »-~-.~.--».-~-~«- . ~»-.»»~~~ -~ ..... - ,.
enty~fotg. jt24Xinches 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 Count?.. California thf exact location of the PIPE LINE being more particularly
shown by red coloring upon the" print hereto attached, Na^SCL 601-332X5 t dated
September 16. 1975 , 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.
S. Licensee shall pay Licensor as compensation for this license the sum of-—_
One Hundred Fifty and Ko/100 Dollars ($150.00) --.
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 sucih 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 such
eases, marked Exhibit B and made a part hereof. If at any time Licensee shall, in the judgment of Li-
censor, fail to perform properly itp 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 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 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-
(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 la 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 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 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_
I2QQ 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
Superintendent at _ 3J-7Q West. Third Streetf .__
San Bernardino» California9g41Q.
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 teure 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. Rosenbaura.
IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year
first above •written. "
ATCHISON, TOHKA.:AKB. SANTA.;g£ RAILWAY COMPANY
Approved as to Description:By_
Its_
Chief Engineer.
C£FY OP CARLSBAD
I5L
It3
Supt. File No. U-17006 (Licensee)
R I 0 E R "A"
RIDER TO LICENSE AGREEMENT DATED October 16 , 19 75 BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
and
CITY-OF CARLSBAD
13. In cases where Licensee is permitted under paragraph 2 hereof to use the PIPE LINE for
non-flammable substances, the PIPE LINE shall be constructed, installed and thereafter maintained in
conformity with plans and specifications set forth in the American Railway Engineering Association,
Specification for Pipe Line Crossings under Railway Track for non-flammable substances, Revised 1964,
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 workmanlike manner 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 Licen-
sor'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 purposes of this agreement, 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
force insurance of all kinds and amounts specified below during the initial term of construction of
the PIPE LINE and during any subsequent term or terms during which maintenance 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, subject
to that limit for each person, One Million Dollars ($1,000,000) for all liability arising out of
bodily injuries to or death of two or more 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 damage to or loss or destruction
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 such periods as such contractors and/or subcontractors shall perform any
work hereunder. The policy or policies insuring Licensee shall insure Licensee's contractual liabil-
ity in favor of Licensor contained in paragraph 6 of the printed provisions of this license.
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. Certificates reflecting the coverage required
by subparagraph (a) shall unqualifiedly require 30 days written notice to Licensor of cancellation
or modification 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.
IDENTIFIED BY
. rii_c
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
C/ ry a/= CARJLSSA D
LOS ANGELES, CALIF,
r
SCALE: 1 IN. TO IOO FT.
J. G. FRY
A.CM.-ENGINEERING
DESCRIPTION OF PIPE LINE ONj R/U/
j fire. i_ine UU<_AIC.U Ai :>nuwr« ' ^
\ PIPE BASE
' CARRIES PRESSURE SIZE KIND THICKNESS LENGTH TO TOP
CARRIER t^t/ff Grav/ify <£& jfs&s^ ^-^ j^"
CASING A/^<? ^*~,r<-<S
^a£*D/*y*C*u~ti,t(:a/;/-*™,'a. C.E.C.L. DRAWING NO.
OF RAIL
OF PIPE
601-332 15
niv FII
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RESOLUTION NO. 3796
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING AN
AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND PAPAGAYO DEVELOPERS FOR RAILROAD LICENSE
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT.
The City Council of the City of Carlsbad, California, doe
hereby resolve as follows:
1. That that certain agreement between the City of
Carlsbad and Papagayo Developers for a railroad license a copy of
which is attached hereto marked Exhibit 1 and incorporated herein
by reference, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on behalf
of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
2nd day of December }375, by the following vote, to
wit:
AYES: Councilinen Frazee, Chase, Lewis, Skotnicki and Councilwoman
Casler.
NOES: None.
ABSENT: None-C
-,
ROBERT C. FRAZEE, MayoK
ATTEST:
L-,x,,-'l
/S , £ts£^?i*''*^^' L' i /_.- " t^^&.'&'s*-" *-"
MAR^ARfT E. ADAMS',Tcity Clerk